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EPA Records Schedule 260

Status: (to be superseded) Final, 08/31/2011

Title: TSCA Section 21 Citizens Petitions

Program: Toxic Substances

Applicability: Headquarters

Function: 108-025-06-02 - Manage Toxic Substances

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:

Records contain petitions submitted for issuance, amendment, or repeal of a rule under sections 4, 6, or 8, or an order under sections 5(e), 6(b)(1)(A), or 6(b)(1)(B) of the Toxic Substances Control Act, as amended. The records document the Agency's action taken in response to a petition. The Agency must also determine whether to grant or deny the petition and substantiate its decision. The Agency's action could result in an issuance of a new rule, amendment to an existing rule, or a repeal of an existing rule.

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:

The Nonconfidential Information Center (NCIC), the Confidential Information Business Center (CBIC) and the program office are responsible for implementing the disposition and ensuring that a permanent record is maintained. The program office is responsible for the maintenance and disposition of deliberative information not included in the NCIC files.

Records containing sensitive information must be shredded or otherwise definitively destroyed to protect confidentiality.

Microform copies are to be produced in accordance with standards in 36 CFR 1230.10 and 1230.20.

TSCA petition records are maintained as a separate series of records by NCIC and CBIC. Once the petition file is closed, any subsequent actions resulting from the Agency's decision may be maintained by other offices in one of three different types of files -- administrative, docket, or case and are covered by the applicable schedule. For example: (1) If an Agency decision was to conduct additional tests, the records generated to document this action could be covered under one of several schedules, e.g., EPA 262 for TSCA Section 4 chemical test program results or EPA 372 for TSCA Section 8 information and reporting files. (2) If the Agency's decision is to amend the rule, the documentation created during this process is covered by EPA 149 for regulations, standards, and guidelines or EPA 150 for dockets.

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. Item b for microformed paper copy was deleted and incorporated into item a. The retention of the record copy is unchanged.

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

Item c for electronic copies created with word processing and electronic mail applications deleted 08/18/2006 pursuant to NARA Bulletin 2006-04.

Custodians:

Office of Chemical Safety and Pollution Prevention, Office of Pollution Prevention and Toxics, Chemical Control Division

Related Schedules:

EPA 149, EPA 150, EPA 262, EPA 372

Previous NARA Disposal Authority:

N1-412-01-7

Entry: 06/23/1994

EPA Approval: 12/19/2006

NARA Approval: 01/23/2008

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