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EPA Records Schedule 292

Status: (to be superseded) Final, 08/31/2011

Title: TSCA Section 12(b) Notice of Export Files

Program: Toxic Substances

Applicability: Headquarters

Function: 108-025-06-02 - Manage Toxic Substances

NARA Disposal Authority:

This schedule authorizes the disposition of the record copy in any media (media neutral), excluding any records already in electronic form. Records designated for permanent retention must be transferred to the National Archives in accordance with NARA standards at the time of transfer.

Description:

Records contain notification to EPA from various companies of their export or intent to export specific chemicals or mixtures subject to specified actions taken under Sections 4, 5, 6, and 7 of the Toxic Substances Control Act (TSCA). Records also contain related correspondence between EPA and foreign government authorities, other U.S. government agencies, the legal community, industry, or other interested parties.

Includes notice documents submitted to EPA under Section 12(b) of TSCA. These documents include information regarding the export of specific chemicals or mixtures for which notification is required.

The program office tracks and controls confidential business information (CBI).

Also includes original supporting information, such as the reasons for the submission, details about the exported product or quantity exported, and specific locations of the exporter. Record contains all correspondence between EPA and foreign government authorities (e.g., embassies), other U.S. government agencies, the legal community, industry, or other interested parties which document (1) requests for information relating to section 12(b) of TSCA; (2) letters sent to importing countries informing them of the export or the intended export; (3) computer-generated printouts which are sent to the EPA Office of Enforcement and Compliance Assurance of possible violations; and (4) correspondence on Prior Informed Consent (PIC) chemicals, notifying importing countries of the export or the intended export of a PIC chemical.

Disposition Instructions:

Item a: Original notice documents

Item b: Tracking and control records

Item c: Supporting information

Guidance:

Records containing sensitive information must be shredded or otherwise definitively destroyed to protect confidentiality.

The Export Notification Tracking System (ENTS) is covered by EPA 090.

Information on the confidential business information (CBI) notices submitted to EPA are kept in a logbook. This information includes the CBI document control number, the name of the chemical exported, the country of import, and the date the export notification letter was sent to the foreign government.

Original CBI export notices are maintained in the CBI center and are tracked using the Confidential Business Information Tracking System (CBITS) The CBI center is responsible for maintaining the official CBI export notice records for the time period specified above. Copies of incoming and outgoing CBI export notices that are maintained in the program office can be destroyed when no longer needed in accordance with requirements found in 36 CFR 1228.58.

Official non-confidential export notices are maintained by the program office and must be retained in accordance with the disposition requirements in item a.

Both confidential and non-confidential incoming and outgoing notices are also tracked for inquiries using the TSCA 12(b) Export Notification Tracking System (ENTS) (See EPA 090 - Administrative Support Data Bases). ENTS automatically generates letters to import countries informing them of the export chemical.

Specific legal citations include:

Reasons for Disposition:

The disposition instructions have been rewritten as media neutral to allow for maintaining the record copy in EPA's electronic recordkeeping system. The retention is unchanged.

Item d for microfilm deleted in the 03/30/2007 version.

Custodians:

Office of Chemical Safety and Pollution Prevention, Environmental Assistance Division

Office of Chemical Safety and Pollution Prevention, Information Management Division

Related Schedules:

EPA 090

Previous NARA Disposal Authority:

N1-412-05-9

Entry: 02/22/1994

EPA Approval: 04/16/2007

NARA Approval: 11/06/2007

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