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EPA Records Schedule 480

Status: (to be superseded) Final, 01/31/2011

Title: Enforcement Actions - Oil Site-Specific

Program: Oil

Applicability: Agency-wide

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.

Description:

Includes all cases referred to Office of Regional Counsel or other offices with enforcement authority for actions taken to assess penalties against facilities for failure to maintain proper spill prevention and response plans or for actual oil spills. Includes such actions as inspections, plan reviews, administrative complaints and orders and injunctive relief. Specific types of records include inspection reports, case summaries, compliance status documents, referral packages, attorney work products, state and local enforcement records, facility business and financial records and notices, and discovery requests.

Disposition Instructions:

Item a: No legal action required or routine legal action cases

Item b(1): Landmark cases - Nonelectronic

Item b(2): Landmark cases - Electronic

Item b(3): Landmark cases - Electronic copy of records transferred to the National Archives

Guidance:

The unit with enforcement authority is responsible for maintaining the record copy and implementing the disposition, including selecting landmark cases for recommendation to the Regional Administrator or the Regional Administrator's delegate. Landmark cases include cases resulting in a legal precedent which 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 are to be retained according to the disposition instructions for the records they support.

Oil spill site-specific removal records are covered in EPA 481. Enforcement records for programs other than Oil and Superfund are scheduled as EPA 207, and Superfund as EPA 025. See EPA 024 for cost recovery records.

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.

The following changes were made in the 02/29/2008 version:

Item c for electronic copies created with word processing and electronic mail applications deleted 08/22/2006 pursuant to NARA Bulletin 2006-04.

Custodians:

Multiple units

Related Schedules:

EPA 024, EPA 025, EPA 207, EPA 481

Previous NARA Disposal Authority:

N1-412-94-2/45

Entry: 06/02/1993

EPA Approval: 11/02/2006

NARA Approval: 04/25/2007

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