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EPA Records Schedule 262

Status: (to be superseded) Final, 08/31/2011

Title: TSCA Section 4 Chemical Test Program Results

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:

These post-rule records contain test data, internal Agency reviews of test data, and other documents resulting from the testing requirements specified in a test rule or consent order. The files consist of final reports, interim progress reports, amendments, modification requests and EPA's responses, exemption from test rule applications, request for exclusions, request for waivers, study protocol submissions, meeting summaries, legal proceedings, hearings, written and telephone communications, comments and other supporting and reference documents pursuant to this section of the law. For reference purposes, the file may also contain copies of the Federal Register rules and notices associated with the chemical, the biannual Interagency Testing Committee (ITC) report to the Administrator that pertains to the chemical, test standards, test guidelines, and Good Laboratory Practice Standards. The majority of the records are nonconfidential and information is not part of the related docket file.

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 offices of record for files governed by this schedule are Confidential Business Information Center (CBIC), Nonconfidential Information Center (NCIC), and Chemical Testing and Information Branch (CTIB). The NCIC is responsible for implementing the disposition and ensuring that a permanent record is maintained. However, the program office (CTIB) is responsible for the maintenance and disposition of sensitive information not included in the NCIC files. Dockets are covered by EPA 150 and regulations, standards, and guidelines are covered by EPA 149.

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

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

Records located in the NCIC are part of the basic documentation resulting from a test rule or consent order. To ensure the completeness of the record and for implementing disposition as a permanent record, the program office is responsible for retaining documents (e.g., study and protocol internal reviews) not included in the file maintained by NCIC.

The CBIC maintains the CBI version of any document submitted or created in response to any subsection of Section 4 of TSCA. Various types of Section 4 related documents are included in this collection. However, these records consist mainly of requests for exemptions from test rule applications. All documents regardless of type are maintained by document identification number.

At close out of file, all records held by offices should be retired at the same time. However, the program office may retain a closed file should it be determined that it would be needed for additional information or continuity regarding a related matter.

On an annual basis, the last box of an accession that includes the records for which exemption applications, Letters of Intent to Test, Study Plans, Requests for Modification of Test Standards and Schedules, Amendments to Study Plans, Progress Reports and Test Data (Final Report) have been received will be (a) recalled and (b) exemptions will be incorporated and (c) returned to FRC.

Specific legal citations include:

Reasons for Disposition:

The following change was made in the 02/28/2009 version:

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.

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.

Custodians:

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

Related Schedules:

EPA 149, EPA 150

Previous NARA Disposal Authority:

N1-412-01-8

Entry: 12/13/1993

EPA Approval: 12/19/2006

NARA Approval: 01/23/2008

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