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EPA Records Schedule 206
Status: Final, 04/30/2012
Title: RCRA Corrective Action Files
Program: RCRA
Applicability: Regions
Function: 108-025-08 - Compliance and Enforcement
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.
- N1-412-07-54/6
Description:
Contains records documenting corrective action measures as imposed through a RCRA permit. Includes RCRA Facility Assessments (RFA), RCRA Facility Investigations (RFI), Corrective Measures Studies (CMS), Corrective Measures Implementation (CMI), and related documents.
Excludes: Corrective actions that become enforcement actions covered by EPA 207.
Disposition Instructions:
Item a(1): Corrective actions for RCRA land disposals - Nonelectronic
-
Permanent
-
Close inactive records when corrective process is terminated or when remedy is selected and there is no further action.
-
Transfer to the National Archives 20 years after file closure.
Item a(2): Corrective actions for RCRA land disposals - Electronic
-
Permanent
-
Close inactive records when corrective process is terminated or when remedy is selected and there is no further action.
-
Transfer to the National Archives 5 years after file closure, with any related documentation and external finding aids, as specified in 36 CFR 1235.44-1235.50 or standards applicable at the time.
Item a(3): Corrective actions for RCRA land disposals - Electronic copy of records transferred to the National Archives
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Disposable
-
Close file upon transfer to the National Archives.
-
Delete after electronic record copy is successfully transferred to the National Archives.
Item b: Other RCRA corrective actions
Includes RCRA corrective actions for generators, transporters, and TSD facilities, except land disposals, as well as facilities which comply with regulations without following the usual permitting process.
-
Disposable
-
Close inactive records when corrective process is terminated or when remedy is selected and there is no further action.
-
Destroy 10 years after file closure.
Guidance:
If authorized states maintain records as long or longer than EPA, the program office may decide to review the records, except for RCRA land disposal permits, in the state offices rather than maintain copies in regional offices. If the regional office chooses to review records in state offices, it may destroy these files when no longer needed. However, in that case, the regional office may not retire the files to the FRC. If recordkeeping requirements (e.g., what records to keep and how long to keep them) for authorized states are not covered in EPA's regulations, the requirements should be established in a memorandum of understanding.
RCRA permit files are covered in EPA 478. See EPA 210 for administrative records for permits. Compliance files are covered in EPA 211.
If cases are referred to Regional Counsel for enforcement action, files become part of enforcement action files and are covered by EPA 207.
Specific legal citations include:
- Resource Conservation and Recovery Act, as amended, 42 U.S.C., Section 3004
- 40 CFR 264
Reasons for Disposition:
The following changes were made in the 04/30/2012 version:
- Revised file closure instructions for items a(1)-(2) and b.
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:
- Divided item a into three subitems, a(1)-(3).
- Revised the titles of disposition items a(1)-(3).
- Revised the disposition instruction for item a(3).
The following items were deleted 08/17/2006:
- Item c for copies on optical disk and CD-ROM was deleted as nonrecords.
- Item d for electronic copies created with word processing and electronic mail applications was deleted pursuant to NARA Bulletin 2006-04.
Custodians:
Multiple units
Related Schedules:
EPA 207, EPA 210, EPA 211, EPA 478
Previous NARA Disposal Authority:
NC1-412-85-20/4, NC1-412-85-21/7, N1-412-94-4/4
Entry: 02/24/1992
EPA Approval: 05/24/2007
NARA Approval: 04/18/2008