40 C.F.R. § 300.800

Establishment of an administrative record

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(a) General requirement. The lead agency shall establish an administrative record that contains the documents that form the basis for the selection of a response action. The lead agency shall compile and maintain the administrative record in accordance with this subpart.

(b) Administrative records for federal facilities. (1) If a federal agency other than EPA is the lead agency for a federal facility, the federal agency shall compile and maintain the administrative record for the selection of the response action for that facility in accordance with this subpart. EPA may furnish documents which the federal agency shall place in the administrative record file to ensure that the administrative record includes all documents that form the basis for the selection of the response action.

(2) EPA or the U.S. Coast Guard shall compile and maintain the administrative record when it is the lead agency for a federal facility.

(3) If EPA is involved in the selection of the response action at a federal facility on the NPL, the federal agency acting as the lead agency shall provide EPA with a copy of the index of documents included in the administrative record file, the RI/FS workplan, the RI/FS released for public comment, the proposed plan, any public comments received on the RI/FS and proposed plan, and any other documents EPA may request on a case-by-case basis.

(c) Administrative record for state-lead sites. If a state is the lead agency for a site, the state shall compile and maintain the administrative record for the selection of the response action for that site in accordance with this subpart. EPA may require the state to place additional documents in the administrative record file to ensure that the administrative record includes all documents which form the basis for the selection of the response action. The state shall provide EPA with a copy of the index of documents included in the administrative record file, the RI/FS workplan, the RI/FS released for public comment, the proposed plan, any public comments received on the RI/FS and proposed plan, and any other documents EPA may request on a case-by-case basis.

(d) Applicability. This subpart applies to all response actions taken under section 104 of CERCLA or sought, secured, or ordered administratively or judicially under section 106 of CERCLA, as follows:

(1) Remedial actions where the remedial investigation commenced after the promulgation of these regulations; and

(2) Removal actions where the action memorandum is signed after the promulgation of these regulations.

(e) For those response actions not included in paragraph (d) of this section, the lead agency shall comply with this subpart to the extent practicable.

Notes of Decisions

Cited in 6 cases, 2003–2017 · leading case: United States v. Sensient Colors, Inc., 649 F. Supp. 2d 309 (D.N.J. 2009).

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United States v. Sensient Colors, Inc., 649 F. Supp. 2d 309 (D.N.J. 2009). · cites it 2× “) Originally, Sensient contended that the EPA had a separate nondiscretionary duty to create an administrative record that accurately reflects the basis for its actions, see 40 C.F.R. § 300.800 , and that the EPA had a separate nondiscretionary duty to not compile a false or…”

United States v. P.H. Glatfelter Co., 768 F.3d 662 (7th Cir. 2014). “” 40 C.F.R. § 300.800 (a). Typically, that includes the following: (1) Documents containing factual information, data and analysis of the factual information, and data that may form a basis for the selection of a response action.”

Grine v. Coombs, 214 F.R.D. 312 (W.D. Pa. 2003). “Haagensen now insisted that the EPA had also failed to turn over the “index” to the EPA’s administrative record as allegedly required by 40 C.F.R. § 300.800 . The following discussion ensued: MR.”

Emhart Indus., Inc. v. New England Container Co., 274 F. Supp. 3d 30 (D.R.I. 2017). “” 40 C.F.R. § 300.800 . An important piece of the administrative record is the Record of Decision (“ROD”), which includes “all facts, analyses of facts, and site-specific policy determinations considered” by EPA in selecting the final remedy.”

United States v. Fed. Resources Corp., 30 F. Supp. 3d 979 (D. Idaho 2014). “40 C.F.R. § 300.800 (a). With respect to public outreach: The administrative record file for selection of a response action typically, but not in all cases, will contain .”

United States v. NCR Corp. (7th Cir. 2014). “” 40 C.F.R. § 300.800 (a). Typically, that includes the following: (1) Documents containing factual information, data and analysis of the factual information, and data that may form a basis for the se- lection of a response action.”

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