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EPA Records Schedule 048

Status: (to be superseded) Final, 06/30/2009

Title: EPCRA Trade Secret Files

Program: Superfund

Applicability: Headquarters

Function: 104-008-02 - EPA Emergency Preparedness

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:

Contains documents relating to the requirement for submission of information to state and local governments on the presence, inventory and storage of chemical substances by facilities under Sections 303, 311 and 312 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, the Emergency Planning and Community Right-To-Know Act (EPCRA). Information collected includes trade secret claims submitted to EPA under Section 322 of SARA Title III and includes information collected relating to the accuracy of a claim of trade secret for the identity of substances reported under Sections 303, 311 and 312. Includes chemical identity, substantiation of trade secret eligibility, and other information on the chemical for which trade secret protection is being claimed.

Disposition Instructions:

Item a: Record copy

Guidance:

Toxic substances files maintained in EPA regional offices are covered in EPA 227 and files related to state oversight in EPA 203. The Toxic Release Inventory System (TRI) is scheduled as EPA 153.

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

Records received in the office are for the preceding calendar year. Retire files in sealed boxes. Retrieve only whole boxes. Access is limited to EPA employees or authorized EPA contractors.

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 has not changed.

The schedule title was changed from Trade Secret Files Under Emergency Planning and Community Right-To-Know Act for Sections 303, 311 and 312 in the 02/12/2007 version.

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

Custodians:

Office of Solid Waste and Emergency Response, Emergency Prevention, Preparedness and Response

Related Schedules:

EPA 153, EPA 203, EPA 227

Previous NARA Disposal Authority:

N1-412-94-3/20

Entry: 02/05/1995

EPA Approval: 05/24/2007

NARA Approval: 03/17/2008

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