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EPA Records Schedule 091

Status: (to be superseded) Final, 12/31/2010

Title: CERCLA Section 103 Notifications

Program: Superfund

Applicability: Agency-wide

Function: 108-025-05 - Manage Risks from Wastes

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:

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 103 requires the notification of any spill or other release of a hazardous substance that equals or exceeds a reportable quantity (RQ). There are three types of reporting requirements under CERCLA: CERCLA 103(a) for actual releases, including spills, of hazardous substances; CERCLA 103(c) for facilities where hazardous wastes have been disposed of and where such releases might occur; and CERCLA 103(f)(2) for releases that are continuous and stable in quantity and rate. May also include petroleum products as well as non-hazardous reported releases.

Documents include records of communication recording the immediate notification to the EPA or National Response Center by phone; EPA Form, Notification of Hazardous Waste Site; initial written report for continuous releases citing the location and/or facility, the amount(s) and type(s) of the hazardous substance or waste, and location layout; and written follow-up report.

Disposition Instructions:

Item a(1): Record copy - Nonelectronic

Item a(2): Record copy - Electronic

Item a(3): Electronic copy of records transferred to the National Archives

Guidance:

CERCLA 103 notifications are the responsibility of the appropriate regional offices receiving the initial notification or receiving the written follow-up report.

The Accidental Release Information Program (ARIP) is scheduled as EPA 056. See EPA 060 for the Emergency Response Notification System (ERNS) and EPA 061 for the Continuous Release Emergency Response Notification System (CR-ERNS).

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.

The following changes were made in the 01/31/2008 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:

Multiple units

Related Schedules:

EPA 056, EPA 060, EPA 061

Previous NARA Disposal Authority:

N1-412-94-3/19

Entry: 03/29/1993

EPA Approval: 05/24/2007

NARA Approval: 04/18/2008

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