Enforcement

Guidance: Compiling Administrative Records for Superfund Response Actions

Memorandum sets forth the policy and procedures for compiling and maintaining administrative records in connection with response actions conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). As noted in the guidance, the administrative record for a response action serves an important purpose: it contains the information that explains why EPA conducted a particular response at a site. Issued 9/20/2010.

On March 18, 2013, EPA issued a final rule, effective April 17, 2013, to revise the National Contingency Plan (NCP), 40 CFR 300.805(c) regarding public availability of the administrative record file. Specifically, this revision added language to the NCP to broaden the technology to include computer telecommunications or other electronic means, that the lead agency is permitted to use to make the administrative record file available to the public regarding documents that form the basis for the selection of a response amendment. The rule is available at www.gpo.gov/fdsys/pkg/FR-2013-03-18/pdf/2013-06189.pdf. Readers should be aware of the amendment when reading this guidance.

On November 14, 2016, EPA issued a memorandum titled "Update to 2010 'Revised Guidance on Compiling Administrative Records for CERCLA Response Actions' and Questions and Answers Regarding Implementation of the 'National Oil and Hazardous Substances Pollution Plan; Revision to Increase Public Availability of the Administrative Record File' Final Rule" to updates portions of the 2010 Administrative Records Guidance to ensure consistency with the 2013 NCP Amendment, and provides recommended answers to questions that have arisen since the 2013 NCP Amendment and the launch of the SEMS-Pub application.

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