EPA Issues Notice on Inquiry to Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export
Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export
A Notice by the
Publication Date:
Comments Close:
Entry Type: Notice
Action: Notice; request for comment.
Document Citation: 81 FR 7788
Page: 7788 -7791 (4 pages)
Agency/
EPA-HQ-OECA-2016-0015
FRL-9942-34-OECA
Document Number: 2016-03102
Shorter URL: https://federalregister.gov/a/2016-03102
Action
Notice; Request For Comment.
Summary
DATES:
Comments must be received on or before
ADDRESSES:
Submit your comments, identified by Docket ID No. EPA-HQ-OECA-2016-0015, by one of the following methods:
http://www.regulations.gov: Follow the on-line instructions for submitting comments.
Email: [email protected].
Address:
Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-2016-0015.
The http://www.regulations.gov Web site is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the HQ EPA Docket Center, EPA/DC, EPA West,
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Today's notice relates to any documents or data in the following areas: (1) Export of Resource Conservation and Recovery Act (RCRA) hazardous waste, during calendar year 2015 or before, under 40 CFR part 262, subparts E and H; (2) import of RCRA hazardous waste, during calendar year 2015 or before, under 40 CFR part 262, subparts F and H; (3) transit of RCRA hazardous waste, during calendar year 2015 or before, under 40 CFR part 262, subpart H, through
I. General Information
EPA has previously published notices similar to this one in the
II. Issues Covered by This Notice
Specifically, EPA receives
[1] The term "affected business" is defined at 40 CFR 2.201(d), and is set forth in this notice, below.
[2] The term "transporter" is defined at 40 CFR 260.10.
[3] The term "consignee" is defined, for different purposes, at 40 CFR 262.51 and 262.81(c).
[4] The term "notification of intent to export" is described at 40 CFR 262.53.
[5] The term "manifest" is defined at 40 CFR 260.10.
[6] The term "annual reports" is described at 40 CFR 262.56.
[7] The term "EPA acknowledgement of consent" is defined at 40 CFR 262.51.
[8] The requirement to forward to the exporter "any subsequent communication withdrawing a prior consent or objection" is found at 42 U.S.C. 6938(e).
[9] The term "exception reports" is described at 40 CFR 262.55.
[10] The term "transit notifications" is described at 40 CFR 262.53(e).
[11] The term "renotifications" is described at 40 CFR 262.53(c).
[12] The term "universal waste" is defined at 40 CFR 273.9.
Certain businesses, however, do not meet the definition of "affected business," and are not covered by today's notice. They consist of any business that actually submitted information responsive to a
[13] However, businesses having submitted information to EPA relating to the export and import of RCRA universal waste are not subject to 40 CFR 260.2(b) since they submitted information in accordance with 40 CFR part 273, and not parts 260 through 266 and 268, as set forth in 40 CFR 260.2(b). They are therefore affected businesses that could make a claim of CBI at the time of submission or in response to this notice.
In addition, EPA may develop its own documents and organize into its database systems information that was originally contained in documents from submitting businesses relating to exports and imports of hazardous waste. If a submitting business fails to assert a CBI claim for the documents it submits to EPA at the time of submission, not only does it waive its right to claim CBI for those documents, but it also waives its right to claim CBI for information in
[14] With the exception, noted above, of the submission of information relating to the export and import of RCRA universal waste.
In accordance with 40 CFR 2.204(c) and (e), this notice inquires whether any affected business asserts a claim that any of the requested information constitutes CBI, and affords such business an opportunity to comment to EPA on the issue. This notice also informs affected businesses that, if a claim is made, EPA would determine under 40 CFR part 2, subpart B, whether any of the requested information is entitled to business confidential treatment. 1. Affected Businesses
2. The Purposes of This Notice
This notice encompasses two distinct steps in the process of communication with affected businesses prior to
a. Inquiry To Learn Whether Affected Businesses (Other Than Those Businesses That Previously Asserted a CBI Claim) Assert Claims Covering Any of the Requested Information
Section 2.204(c)(2)(i) provides, in relevant part: If the examination conducted under paragraph (c)(1) of section2.204 discloses the existence of any business which, although it has not asserted a claim, might be expected to assert a claim if it knew EPA proposed to disclose the information, the EPA office shall contact a responsible official of each such business to learn whether the business asserts a claim covering the information.
b. Notice of Opportunity To Submit Comments
Sections 2.204(d)(1)(i) and 2.204(e)(1) of Title 40 of the Code of Federal Regulations require that written notice be provided to businesses that have made claims of business confidentiality for any of the information at issue, stating that EPA is determining under 40 CFR part 2, subpart B, whether the information is entitled to business confidential treatment, and affording each business an opportunity to comment as to the reasons why it believes that the information deserves business confidential treatment.
3. The Use of Publication in the
Section 2.204(e)(1) of Title 40 of the Code of Federal Regulations requires that this type of notice be furnished by certified mail (return receipt requested), by personal delivery, or by other means which allows verification of the fact and date of receipt. EPA, however, has determined that in the present circumstances the use of a
4. Submission of Your Response in the English Language
All responses to this notice must be in the English language.
5. The Effect of Failure To Respond to This Notice
In accordance with 40 CFR 2.204(e)(1) and 2.205(d)(1), EPA will construe your failure to furnish timely comments in response to this notice as a waiver of your business's claim(s) of business confidentiality for any information in the types of documents identified in this notice.
6. What To Include in Your Comments
If you believe that any of the information contained in the types of documents which are described in this notice and which are currently, or may become, subject to
For each item or class of information that you identify as being subject to your claim, please answer the following questions, giving as much detail as possible:
1. For what period of time do you request that the information be maintained as business confidential, e.g., until a certain date, until the occurrence of a specified event, or permanently? If the occurrence of a specific event will eliminate the need for business confidentiality, please specify that event.
2. Information submitted to EPA becomes stale over time. Why should the information you claim as business confidential be protected for the time period specified in your answer to question no. 1?
3. What measures have you taken to protect the information claimed as business confidential? Have you disclosed the information to anyone other than a governmental body or someone who is bound by an agreement not to disclose the information further? If so, why should the information still be considered business confidential?
4. Is the information contained in any publicly available material such as the
5. Has any governmental body made a determination as to the business confidentiality of the information? If so, please attach a copy of the determination.
6. For each category of information claimed as business confidential, explain with specificity why and how release of the information is likely to cause substantial harm to your competitive position. Explain the specific nature of those harmful effects, why they should be viewed as substantial, and the causal relationship between disclosure and such harmful effects. How could your competitors make use of this information to your detriment?
7. Do you assert that the information is submitted on a voluntary or a mandatory basis? Please explain the reason for your assertion. If the business asserts that the information is voluntarily submitted information, please explain whether and why disclosure of the information would tend to lessen the availability to EPA of similar information in the future.
8. Any other issue you deem relevant.
Please note that you bear the burden of substantiating your business confidentiality claim. Conclusory allegations will be given little or no weight in the determination. If you wish to claim any of the information in your response as business confidential, you must mark the response "BUSINESS CONFIDENTIAL" or with a similar designation, and must bracket all text so claimed. Information so designated will be disclosed by EPA only to the extent allowed by, and by means of, the procedures set forth in, 40 CFR part 2, subpart
III. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through http://www.regulations.gov or email. Please submit this information by mail to the address identified in the ADDRESSES section of today's notice for inclusion in the non-public CBI docket. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. Information so marked will not be disclosed except in accordance with the procedures set forth in 40 CFR part 2, subpart B. In addition to the submission of one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket.
2. Tips for Preparing Your Comments. When submitting comments, remember to:
Identify the notice by docket number and other iden tifying information (subject heading,
Explain your views as clearly as possible, avoiding the use of profanity or personal threats.
Describe any assumptions and provide any technical information and/or data that you used.
Provide specific examples to illustrate your concerns, and suggest alternatives.
Make sure to submit your comments by the comment period deadline identified.
Dated:
Acting Director,
[FR Doc. 2016-03102 Filed 2-12-16;
BILLING CODE 6560-50-P
[*Federal RegisterBF 2016-02-14]
22BalteroF 160214-1247985
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