EPA Records Schedule 032

Status: Final, 02/12/2007

Title: Freedom of Information Act (FOIA) Appeals Files

Program: General Counsel

Applicability: Agency-wide

Function: 305-109-02-01 - FOIA

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.

General Records Schedule 14/12

Description:

Files created in responding to administrative appeals under the FOIA for release of information denied by the Agency, consisting of the appellant's letter, a copy of the reply thereto, and related supporting documents, which may include the official file copy of records under appeal or copy thereof.

Disposition Instructions:

Item a: Correspondence and supporting documents

Excludes the file copy of the records under appeal if filed herein.

Disposable
Destroy 6 years after the final determination by the Agency, or 6 years after the time at which a requester could file suit, or 3 years after final adjudication by the court, whichever is later.

Item b: Records under appeal

Varies
Dispose of in accordance with approved disposition instructions for the related record or with the related FOIA request, whichever is later.

Guidance:

EPA 030 covers FOIA Requests Files. See EPA 033 for FOIA Control Files and EPA 031 for FOIA Administrative Files and Reports. The Freedom of Information Act (FOIA) Tracking System is scheduled as EPA 263 and FOIA Annual Reports as EPA 029.

The official copy of the records requested should be disposed of in accordance with the approved Agency disposition instructions for that category of record, or with the related FOIA request, whichever is later.

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

See EPA 1550 - Freedom of Information Act Manual, Chapter 10, for additional information on FOIA appeals.

Reasons for Disposition:

Retention conforms to the NARA General Records Schedule 14, item 12.

Item c for electronic mail and word processing copies was deleted 08/15/2006 pursuant to NARA Bulletin 2006-04.

Custodians:

Multiple units

Related Schedules:

EPA 029, EPA 030, EPA 031, EPA 033, EPA 263

Previous NARA Disposal Authority:

NC1-412-84-2/6c

Entry: 08/19/1991

EPA Approval: Not applicable

NARA Approval: 12/00/1998

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EPA Records Schedule 032

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