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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@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

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 have 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" <Kreisler.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) letter from EPA to an exporter of spent lead-acid 

batteries to a Canadian smelter for recovery of lead. As you can see, it lists the exporter, the specific waste, the 

maximum quantity of that waste that can be exported over the twelve month consent period, the start and end 

dates for that consent period, and the name and address of the foreign destination facility. The EPA Notice ID 
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is the same as the unique AOC/consent number we discussed. We will be revising the AOC to more clearly 

identify that the unique notice number is the AOC/consent number (minus the special characters) that they 

should file in AES. The reference data we will send 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 license” definition in 15 CFR 30.1 (shown 

below), and that if it does, that the existing Census regulations in 15 CFR 30.2(a)(iv)(F) covers hazardous waste 

exporters currently required 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 include, but are not limited to, the U.S. State Department; the 

BIS; the Bureau of Alcohol, Tobacco, and Firearms; and the 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 requirement 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 think that we need to discuss 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 shipment 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 revised, could the revision be done as a direct 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 EPA export regulations. We will need to 

revise our regs, but perhaps do it in such a way that we refer back to your regulations. Now that the Executive 

Order re Export/Imports/ITDS is out, and agencies are required to get everything in place by December 31, 
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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 ITN numbers for 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 shipment 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 revised, could the revision be done as a direct 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 EPA export regulations. Now that the 

Executive Order re Export/Imports/ITDS is out, and agencies are required to get 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 ITN numbers for shipments prior to departure. 

Laura Coughlan 
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