1 

### Coughlan, Laura

From: joe.a.cortez@census.gov

Sent: Friday, April 11, 2014 10:46 AM

To: Coughlan, Laura

Cc: rebecca.denale@census.gov; sean.kline@cens us.gov; Kreisler, Eva; Heiss, Robert Subject: Re: REMINDER - need feedback on ques tions regarding how/if future EPA requirements re AES would need to be reflected in Census regulations

We reviewed the AOC and according to our definition it is a license. I will be back in the office on Tuesday, perhaps we can ha ve a quick call to discuss some ideas that we have on how to make it more clear to filers of their responsibilities.

Joe

Sent from a mobile device

From: "Coughlan, Laura" [Coughlan.Laura@epa.gov]

Sent: 04/11/2014 02:22 PM GMT

To: Joe Cortez

Cc: Rebecca DeNale; Sean Kline; "Kreisler, Eva" <Kreisle r.Eva@epa.gov>; "Heiss, Robert" <Heiss.Robert@epa.gov> Subject: FW: REMINDER - need feedback on questions regarding how/if future EPA requirements re AES would need to be reflected in Census regulations

Dear Joe:

It’s been a couple of weeks since we talked and I sent you the additional information and example AOC letter (see

attached and below). Can you please let me know when you will be able to send back more feedback regarding EPA’s
Acknowledgement of Consent letter (AOC) and its status under Census regulations.

Laura L. Coughlan, P.E.

Environmental Scientist

International and Transportation Branch

U.S. EPA (5304P)
phone: 703

‐ 308

‐ 0005

fax: 703

‐ 308

‐ 0514

From: Coughlan, Laura

Sent: Thursday, March 27, 2014 3:14 PM

To: 'joe.a.cortez@census.gov'

Cc: rebecca.denale@census.gov; sean.kline@census.gov; Kreisler, Eva; Heiss, Robert
Subject: RE: REMINDER ‐ need feedback on questions regarding how/if future EPA requirements re AES would need to

be reflected in Census regulations



### Joe:

Attached is an example Acknowledgement of Consent (AOC) lette r from EPA to an expor ter of spent lead-acid batteries to a Canadian smelter for recovery of lead. As you can see, it lists the exporte r, the specific waste, the maximum quantity of that waste that can be exported over the twelve mo nth consent period, the start and end dates for that consent period, and the name and address of the foreign destination facility. The EPA Notice ID2 

### is the same as the unique AOC/consent number we disc ussed. We will be revising the AOC to more clearly identify that the unique notice number is the AOC/consen t number (minus the special characters) that they

should file in AES. The reference data we will se nd AES to validate against will be keyed to that unique

AOC/consent number.

Please confirm that you still think the EPA AOC meets the “export licen se” definition in 15 CFR 30.1 (shown

b elow), and that if it does, that the existing Census regulations in 15 CFR 30.2(a)(iv)(F) covers hazardous waste exporters currently requi red to obtain an EPA AOC prior to export.

Export license. A controlling agency's document authorizing export of particular goods in specific quantities or values to a particular destination. Issuing agencies incl ude, but are not limited to, the U.S. State Department; the BIS; the Bureau of Alcohol, Tobacco, and Firearms; and t he Drug Enforcement Administration permit to export.



### One last thing I wanted to note – you had asked about enforcement authority. EPA’s enforcement authority for hazardous waste management requirements in the United States, including hazardous waste export requirements in 40 CFR Part 262 (implementing export requirements in 42 U.S.C. 6938), is largely established in Sections 3007, 3008, 3013, and 7003 (42 U.S.C. 6927, 6928, 6933, and 6973) of the Resource Conservation and Recovery Act (RCRA). Failure to comply with export requirements like the require ment to obtain consent (documented in the EPA AOC letter) prior to making any export shipment of hazardous waste can result in a penalty of up to $32,500 per day.

Laura Coughlan

From: joe.a.cortez@census.gov [ mailto:joe.a.cortez@census.gov ]

Sent: Tuesday, March 25, 2014 12:01 PM

To: Coughlan, Laura

Cc: rebecca.denale@census.gov ; sean.kline@census.gov
Subject: Re: REMINDER ‐ need feedback on questions regarding how/if future EPA requirements re AES would need to

be reflected in Census regulations

Laura, I understand that as part of ITDS, the EPA is interested in adding some data elements to AES. Please my responses below. However, I th ink that we need to discu ss this via conference calls better yet in person. Joe



### I am working on developing proposed regulations under 40 CFR Part 262 (EPA waste regulations) to require hazardous waste exporters to submit a short list of key sh ipment data into AES and obtain an ITN number for each shipment prior to the shipment leaving the country. I was told that you were the guy to talk to about Census regs.

My questions are these - will Census regulations need to be amended to reference those EPA regulations, once finalized, in order to override the export declaration exemptions for shipments valued less than $2500 (per Schedule B commodity code) per 15 CFR 30.37(a) or for shipments destined for Canada per 15 CFR 30.36(a)? Or will the general existing reference to other Federal agency reporting requirements needing to be complied with per 15 CFR 30.19 suffice? Is this a license? if so, all license shipments must be filed in AES regardless of value including shipments to Canada.

If Census regulations need to be re vised, could the revision be done as a di rect final revision published the same time as the final EPA regulations? I’m just trying to understand if/how/when the Census regs would have to

revised and how to coordinate that revision with the revision s to EPA export regulations. We will need to revise our regs, but perhaps do it in such a way that we re fer back to your regulations. Now that the Executive Order re Export/Imports/ITDS is out, and agencies ar e required to get everythi ng in place by December 31,3 

### 2016, I want to make sure I understand what will ha ve to happen for hazardous waste exporters to b e required to file in AES and get ITN numbers fo r shipments prior to departure.

--------------------------------------- Joe A. Cortez Chief, Regulations, Outreach

and Education Branch Foreign Trade Division

US Census Bureau

4600 Silver Hill Rd

Room 6K125 Washington, DC 20233

Voice 301.763.1413

Cell 202.821.9054

Fax 301.763.4610 joe.a.cortez@census.gov

-----"Coughlan, Laura" < Coughlan.Laura@epa.gov > wrote: -----



### Dear Joe:

I am working on developing proposed regulations under 40 CFR Part 262 (EPA waste regulations) to require hazardous waste exporters to submit a short list of key sh ipment data into AES and obtain an ITN number for each shipment prior to the shipment leaving the country. I was told that you were the guy to talk to about Census regs.

My questions are these - will Census regulations need to be amended to reference those EPA regulations, once finalized, in order to override the export declaration exemptions for shipments valued less than $2500 (per Schedule B commodity code) per 15 CFR 30.37(a) or for shipments destined for Canada per 15 CFR 30.36(a)? Or will the general existing reference to other Federal agency reporting requirements needing to be complied with per 15 CFR 30.19 suffice?

If Census regulations need to be re vised, could the revision be done as a di rect final revision published the same time as the final EPA regulations? I’m just trying to understand if/how/when the Census regs would have to

revised and how to coordinate that revision with the revisions to EP A export regulations. Now that the Executive Order re Export/Imports/ITDS is out, and ag encies are required to ge t everything in place by December 31, 2016, I want to make sure I understand what will have to happen for hazardous waste exporters to be required to file in AES and get IT N numbers for shipments prior to departure.

Laura Coughlan4