EPA Records Schedule 236
Status: (to be superseded) Final, 05/31/2007
Title: Permit Appeal Files
Program: All Programs
Function: 204-079 - Permits and Licensing
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.
Contains records used to document the appeal process of permits issued by EPA regional offices. Includes copies of the administrative record, requests for evidentiary hearings, responses and/or petitions for review and responses, reply briefs, hearing transcripts, research, settlement records, orders, motions and final decisions of the Regional Administrator, Administrative Law Judge and/or Environmental Appeals Board.
Item a: Record copy
Close inactive records when final decision on appeal is handed down.
Destroy 10 years after file closure.
This schedule covers records maintained in the Office of Regional Counsel who is responsible for maintaining the record copy and implementing the disposition. If program offices other than Regional Counsel are responsible for maintenance of the record copy, they are maintained for the same length of time as stated in the disposition instructions.
Cases that may be landmark or precedent-setting are covered in EPA 145 for program development. Landmark cases include cases resulting in a legal precedent that establishes or affirms Agency policy with respect to environmental actions of national importance, such as the banning of a hazardous substance or other actions affecting EPA's relationship with an entire industry or a major pollution source.
Copies incorporated into other files (e.g., permits) are to be retained according to the disposition instructions for the records they support.
See EPA 205 for permits for programs other than RCRA, and EPA 478 for RCRA.
Specific legal citations include, but are not limited to:
- Clean Water Act, as amended, 33 U.S.C. Sec. 402, 404
- Clean Air Act, as amended, 42 U.S.C. Sec. 502
- Resource Conservation and Recovery Act, as amended, 42 U.S.C. Sec. 3005
- Safe Drinking Water Act, as amended, 42 U.S.C. Sec. 1401, et seq.
- 40 CFR Parts 52, 122-124, 144, 220, 270
Reasons for Disposition:
The disposition instructions have been rewritten 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 deleted 08/18/2006 pursuant to NARA Bulletin 2006-04.
EPA 145, EPA 205, EPA 478
Previous NARA Disposal Authority:
EPA Approval: 11/17/2006
NARA Approval: 03/22/2007