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EPA Records Schedule 208

Status: (to be superseded) Final, 06/30/2009

Title: Criminal Investigation Records

Program: Enforcement and Compliance Assurance

Applicability: Agency-wide

Function: 115-045-01 - Investigation and Surveillance of Environmental Criminals

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:

Includes criminal investigation files compiled by Criminal Investigation units Agency-wide. Case files consist of items such as a completed criminal investigation package, search warrants, interview reports, investigation reports, lab analyses, indictments, plea agreements, business records, affidavits, and related records.

Excludes: Superfund site-specific and oil site-specific records covered by EPA 025 and EPA 480, respectively.

Disposition Instructions:

Item a: Closed cases - No referral for criminal prosecution

Includes cases that are investigated but not referred to the Department of Justice (DOJ) because no targets were identified or allegations were unfounded.

Item b: Closed cases - Prosecution declined

Includes cases for which targets were identified, but DOJ declined to prosecute.

Item c: Closed cases - Judicial action

Includes cases prosecuted by DOJ.

Guidance:

Criminal enforcement counsel records are scheduled as EPA 683. See EPA 684 for the Criminal Case Reporting System. Superfund site-specific and oil-site specific enforcement action files are covered by EPA 025 and EPA 480, respectively. Other enforcement action files are scheduled as EPA 207.

Program should destroy duplicate materials before retiring to the Federal Records Center (FRC). Records are to be retired to the FRC in the Region in which the investigating unit is located.

Specific legal citations include:

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 d for electronic copies created with word processing and electronic mail applications was deleted 08/17/2006 pursuant to NARA Bulletin 2006-04.

Custodians:

Office of Enforcement and Compliance Assurance, Criminal Investigation Division

Related Schedules:

EPA 025, EPA 207, EPA 480, EPA 683, EPA 684

Previous NARA Disposal Authority:

N1-412-99-24/1

Entry: 04/16/1992

EPA Approval: 07/26/2007

NARA Approval: 08/07/2008

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