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EPA Records Schedule 085

Status: (to be superseded) Final, 05/31/2008

Title: Administrative Decision Records

Program: Superfund

Applicability: Agency-wide

Function: 108-024-01 - Site and Area Evaluation and Cleanup

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:

CERCLA 106(b) allows potentially responsible parties (PRPs) to petition the Fund for reimbursement of reasonable costs of response actions if they can prove they were not liable for the response costs or they can demonstrate, on the administrative record, the response action ordered was arbitrary and capricious or otherwise not in accordance with the law. These records include 106(b) petitions, correspondence with the petitioner and the regional office, the Preliminary Decision Document, comments by the petitioner and the regional office on the preliminary decision, the Final Decision Document, and other relevant documentation.

Disposition Instructions:

Item a: Record copy

Guidance:

Local government reimbursement program records are scheduled as EPA 080 and claims against the Fund as EPA 087.

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

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 08/15/2006 pursuant to NARA Bulletin 2006-04.

Custodians:

Office of Solid Waste and Emergency Response, Regional Support Division

Related Schedules:

EPA 080, EPA 087

Previous NARA Disposal Authority:

NC1-412-85-10/19, N1-412-94-3/16

Entry: 07/16/1992

EPA Approval: 05/24/2007

NARA Approval: 04/18/2008

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Guidance on Retiring Records

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