EPA Records Schedule 015

Status: Final, 04/30/2008

Title: Formerly Used Defense Sites (FUDS)

Program: Superfund

Applicability: Agency-wide

Function: 108-024-01-03 - Federal Facilities Restoration

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.

N1-412-07-55/1

Description:

Includes documents related to investigation and clean up activities of hazardous waste at formerly used defense sites (FUDS), also known as the Formerly Utilized Sites Remedial Action Program, carried out by the Army Corps of Engineers, in cooperation with EPA. Documentation may include sampling and assessment of contaminated areas, characterization of site conditions, determination of the nature and extent of contamination, selection of response actions, cleanup and closeout of sites, and correspondence with EPA, other federal, or state agencies.

Disposition Instructions:

Item a: Record copy

Disposable
Close inactive records when EPA concurs with notification of no further action from Corps of Engineers.
Destroy 20 years after file closure.

Guidance:

Records for FUDS placed on the National Priorities List (NPL) become part of the remedial site file and are covered by EPA 014. Records for EPA removal actions are covered by EPA 013. Records for Superfund site-specific enforcement actions are covered by EPA 025 and other programs by EPA 207.

If records are for sites on Tribal lands, the EPA office must notify the Agency Records Officer so that the schedule can be revised and resubmitted to NARA.

Specific legal citations include:

Superfund Amendments and Reauthorization Act of 1986, Section 211
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, Sections 104 and 106
Resource Conservation and Recovery Act, as amended, Sections 3008, 3013, 7003, 9003, 9006, 9007
Safe Drinking Water Act, as amended, Section 1431
40 CFR Part 141-146
40 CFR Part 271, 281
40 CFR Part 300, 302
Executive Order 12580

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.

The following items were deleted 08/14/2006:

Item b - Copies on optical disks and CD-ROMs was deleted as nonrecords.
Item c - Electronic copies created with word processing and electronic mail applications was deleted pursuant to NARA Bulletin 2006-04.

Custodians:

Multiple units

Related Schedules:

EPA 013, EPA 014, EPA 025, EPA 207

Previous NARA Disposal Authority:

N1-412-04-3

Entry: 06/18/2001

EPA Approval: 05/24/2007

NARA Approval: 03/17/2008

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Guidance on Retiring Records

EPA Records Schedule 015

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