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EPA Records Schedule 083

Status: (to be superseded) Final, 02/12/2007

Title: Environmental Appeals Board Case Files

Program: Environmental Appeals Board

Applicability: Headquarters

Function: 317-260 - Mission Program Support

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 pertaining to three general types of case files and other cases the Board may designate from time to time:

Permit appeals - Includes petitions to review permits issued by EPA regional offices (and certain delegated states) and responses thereto, any other pleadings, motions or correspondence filed in connection with a petition for review and responses thereto, exhibits, oral argument transcripts, orders, and final decisions of the Environmental Appeals Board (EAB).

Enforcement appeals - Includes records documenting appeals from decisions issued by an Administrative Law Judge (ALJ), and in some instances, by a Regional Administrator. A case file may include any or all of the following: notice of appeal, appellate briefs, exhibits, other pleadings, motions, correspondence and responses thereto, ALJ hearing and EAB oral argument transcripts, orders, proof of service, and final decisions of the EAB.

CERCLA reimbursement petitions - Includes records documenting petitions for reimbursement filed pursuant to CERCLA Sec. 106(b). A case file may include any or all of the following: a petition for reimbursement and response thereto, exhibits, other pleadings, motions, correspondence and responses thereto, evidentiary hearing and oral argument transcripts, orders, a preliminary decision of the EAB, comments on the preliminary decision, and a final decision of the EAB.

Disposition Instructions:

Item a: Record copy

Guidance:

This schedule covers records maintained by the Environmental Appeals Board which is responsible for maintaining the record copy and implementing the disposition. Cases that are precedent setting or change the way EPA operates may be landmark cases and are covered by EPA 145 for program development. Other examples of possible landmark cases would be appeals establishing a particularly important and significant legal precedent, or involving a significant policy of national importance, or having been the subject of review by an appellate court of the United States.

Publications of the final decisions are covered by EPA 250. Databases used to track the status of petitions and the index for permits are covered by EPA 089.

Copies incorporated into other files (for example, with Regional permit appeals) are to be retained according to the disposition instructions for the related records.

Regional permit appeals are scheduled as EPA 236; enforcement actions as EPA 207; permits (for programs other than RCRA) as EPA 205; RCRA permits as EPA 478; and Superfund claims against the fund as EPA 087. Case files for the Administrative Law Judge are covered in EPA 508.

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.

Item b for electronic copies created with word processing and electronic mail applications was deleted 08/09/2006 pursuant to NARA Bulletin 2006-04.

Custodians:

Office of the Administrator, Environmental Appeals Board

Related Schedules:

EPA 087, EPA 089, EPA 145, EPA 205, EPA 207, EPA 236, EPA 250, EPA 478, EPA 508

Previous NARA Disposal Authority:

NC1-412-85-11/12b, N1-412-97-6

Entry: 04/02/1996

EPA Approval: 07/14/2006

NARA Approval: 10/20/2006

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