The Environmental Protection Agency ("EPA") published a notice in today's issue of the Federal Register to solicit feedback from "affected business" that have previously submitted information to the agency with respect to the export and import of certain hazardous waste materials. In order to preserve their claims over the non-disclosure of "confidential business information" in response to future Freedom of Information Act requests, the EPA is requiring businesses to submit a public comment in response to this notice. The EPA intends to construe the failure to submit a comment as a waiver of any possible claim to business confidentiality. The comment period ends on or before March 29, 2018.
The notice contains a detail list of the business and hazardous waste materials at issue.