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EPA Records Schedule 149

Status: (to be superseded) Final, 01/31/2011

Title: Regulations, Standards, and Guidelines

Program: All Programs

Applicability: Agency-wide

Function: 306-114 - Regulatory Creation

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:

Files contain information relating to the development, review, and approval of published and unpublished rules and regulations pursuant to environmental legislation passed by Congress. Records include drafts of proposed regulations and guidelines, the final regulations and guidelines, public and internal comments including concurring and dissenting opinions, OMB request for comments, hearing transcripts, meeting minutes, background documents and other technical support material generated during the process to develop and approve the regulation, standard, or guideline, along with current indexes of documents both included and cited as precedent. Files may include confidential business information or other information to which access is restricted.

Disposition Instructions:

Item a(1): Published regulations, standards, and guidelines - Nonelectronic

Item a(2): Published regulations, standards, and guidelines - Electronic

Item a(3): Published regulations, standards, and guidelines - Electronic copy of records transferred to the National Archives

Item b: Unpublished regulations, standards, and guidelines

Guidance:

This disposition covers all published and unpublished regulations, standards, and guidelines. The issuing office is responsible for implementing the disposition and ensuring that a permanent record is maintained. The official set of these records maintains those items specified in the Administrative Procedures Act and are to be sufficiently complete so that they can serve as the administrative record if necessary. Copies sent to EPA's electronic docket management system, the Federal Docket Management System (FDMS), are disposable as authorized under EPA 150. The FDMS itself is a government-wide Web-based portal; the system-specific schedule is EPA 152.

Reference copies should be destroyed when superseded. Working papers with no significant information should be destroyed when final rule is promulgated.

Microform copies are to be produced in accordance with NARA's standards in 36 CFR 1230.10 and 1230.20. If records are microformed, it is recommended that a silver as well as diazo sets are retained on site to simplify making copies.

Other schedules related to development of standards and regulations by states include: EPA 203 for state oversight; EPA 204 for program authorizations and approvals; EPA 217 for state implementation plans (SIPs); EPA 676 for development of enforcement and environmental standards by states; EPA 686 for development and enforcement of air and water standards by states. For administrative records for permits see EPA 210; for Superfund see EPA 019. Administrative records for other programs are covered in EPA 294. Dockets are scheduled as EPA 150. See EPA 154 for legislation. Rulemaking committees are covered in EPA 518.

Previous schedule items combined into this schedule were for the following programs: Water, Solid Waste, Emergency and Remedial Response, Toxic Substances, Air Quality Planning and Standards, Environmental Services, Pesticides, Assistance and Interagency Agreements, Radiation, Enforcement, Planning and Evaluation and Program Reporting. Specific item numbers are cited below.

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 is unchanged.

The following changes were made in the 02/29/2008 version:

Item c for electronic copies created with word processing and electronic mail applications was deleted 08/16/2006 pursuant to NARA Bulletin 2006-04.

Custodians:

Multiple units

Related Schedules:

EPA 019, EPA 150, EPA 152, EPA 154, EPA 203, EPA 204, EPA 210, EPA 217, EPA 294, EPA 518, EPA 676, EPA 686

Previous NARA Disposal Authority:

NC174-255/7a, b, c, NC-412-75-5/10, NC1-412-76-1/III/8, NC1-412-76-1/V/5, NC-412-76-3/6, NC-412-76-4/2, NC-412-76-8/1 and 9, NC1-412-76-9/22, NC1-412-77-5/9, NC1-412-78-10/7b, NC1-412-78-10/13a and b, NC1-412-82-10/9, NC1-412-82-12/9, NC1-412-84-1/13, 17a and b, NC1-412-84-2/5, NC1-412-85-5/7, NC1-412-85-6/7a, b and c, NC1-412-85-7/13, NC1-412-85-10/14, NC1-412-85-12/13a, b and c, NC1-412-85-13/9d, e, f, NC1-412-85-14/16, NC1-412-85-15/5a and b, NC1-412-85-17/6, NC1-412-85-21/4, NC1-412-85-22/9, NC1-412-85-24/3, NC1-412-85-25/3, N1-412-86-1/7 and 10, N1-412-87-4/7, N1-412-94-2/23

Entry: 03/30/1992

EPA Approval: 09/18/2006

NARA Approval: 01/26/2007

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