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EPA Records Schedule 683

Status: (to be superseded) Final, 04/30/2007

Title: Criminal Enforcement Counsel

Program: Enforcement and Compliance Assurance

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:

Contains legal counsel and policy advice pertaining to specific criminal investigations and criminal prosecutions for violations of environmental laws and related criminal statutes.

Also includes requests for and responses to requests for legal interpretations and opinions pertaining to the intent and application of environmental criminal laws and applicable regulations and policies, and related criminal laws. Records of general applicability to legal and policy aspects of environmental criminal investigations and enforcement actions. Requests for and responses to requests for legal advice, including policy considerations, pertaining to the management and functions of EPA's Office of Criminal Enforcement, Forensics, and Training.

Disposition Instructions:

Item a(1): Cases investigated by the Criminal Investigation Division, but not referred to DOJ because no targets were identified

Includes legal counsel and policy advice pertaining to specific criminal investigations and criminal prosecutions.

Item a(2): Cases for which targets were identified, but DOJ declined to prosecute

Includes legal counsel and policy advice pertaining to specific criminal investigations and criminal prosecutions.

Item a(3): Cases prosecuted by DOJ

Includes legal counsel and policy advice pertaining to specific criminal investigations and criminal prosecutions.

Item b: Requests for legal interpretations and opinions

Includes requests for and responses to requests.

Guidance:

This schedule applies to records in offices that provide legal and policy support to EPA's Office of Criminal Enforcement, Forensics, and Training. Included are records of legal support personnel within the Office of Enforcement and Compliance Assurance (OECA), as well as legal support personnel within the various EPA regions (e.g., the Regional Criminal Enforcement Counsels).

The Criminal Docket System is scheduled as EPA 684 and criminal investigation records as EPA 208.

Records in item a may be held in accordance with the retention for item b to the extent that the records are of general applicability rather than case-specific only. To the extent records meeting the description in this schedule are incorporated into other records schedules (e.g., EPA 006 for program management or EPA 145 for program development), the records are to be retained according to the disposition instructions for those schedules.

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 c for electronic copies created with word processing and electronic mail applications deleted 08/23/2006 pursuant to NARA Bulletin 2006-04.

Custodians:

Multiple units

Related Schedules:

EPA 208, EPA 684

Previous NARA Disposal Authority:

N1-412-99-24/2

Entry: 03/29/1995

EPA Approval: 11/16/2006

NARA Approval: 03/20/2007

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