v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Responso
DIRECTIVE NUMBER: 9242.3-6
TITLE: Management of Files from HEM/FIT Contract
Closeout
APPROVAL DATE: August 25, 1986
EFFECTIVE DATE: Aagust 25, 1986
ORIGINATING OFFICE: QERR, HSCD
>fil FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
E DIRECTIVE DIRECTIVE D
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&EPA
United States Environmental Protection Agency
Washington, DC 20460
OSWER Directive Initiation Reauest
Interim Directive Number
9242.3-6
Originator Information
Name of Contact Person
David Huber
Lead Office I — I
.... LJ OUST
Q OERR [] OWPE
D OSW O AA-OSWER
Mail Code
WH 548 E
Telephone Number
475-6706
Approved for Review
Signature of Office Director
Date
Title
Management of Files From REM/FIT Contract Closeout
Summary of Directive
Gives EPA Regional Superfund Branches advice on the handling of contractor
files from CH2M Hill and NUS who will be closing out their contracts and are
required to deliver the files to EPA. Suggests options for storage of these
files in the Regional Offices and provides advice concerning use of
microfilmed records in litigation. Joint OERR/OWPE Issuance. (8/22/86, 3 pp)
Keywords: Superfund, CERCLA, contracts
Type of Directive (Manual, Policy Directive. Announcement, etc.)
Directive (Procedures)
Status
D Draft
I—I Final
(X] New
1 1 Revision
Does this Directive Supersede Previous Directive(s)? | | Yes
If "Yes" to Either Question, What Directive (number, title)
No Does It Supplement Previous Directive(s)?
Yes XX No
Review Plan
E] AA-OSWER
D OERR
D OSW
LJ OUST
D OWPE
Regions
CD OECM
D OGC
D OPPE
Other (Specify)
This Request Meets OSWER Directives System Format
Signature of OSWER Directives Officer
EPA Form 1315-17 (10-85)
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£ jGU ^ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
5 VV^?V ^
\^|&^/ WASHINGTON, O.C. 20460
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER Directive
9242.3-6
MEMORANDUM
SUBJECT: Management of Files from REM/FIT Contract Closeout
FROM: Henry L. Longest II, Director L
Office of Emergency ajid .Remedial Response (WH
Frederick F. Stie _
Associate Enforcement Counsel for Wasj^e (LE-134S)
TO: Addressees
The REM/FIT contracts with CH2M Hill and NUS will terminate
September 30, 1986. All of the contractors' supporting documenta-
tion for remedial planning work belongs to EPA. Our staffs
have evaluated alternatives to having these voluminous files
delivered to EPA Regional offices and concluded that microfilming
offers the Regions the convenience of an easily accessible and
compact site file.
We have been advised by EPA's General Counsel and the Chief
Counsel for the National Archives and Records Service that a paper
copy made from the microfilm of the original is the equivalent of
the original in legal proceedings. Those offices concluded that
microfilmed records are admissible as evidence in Federal court
provided they are admissible under applicable evidentiary and
procedural rules. Also, the microfilmed records must be properly
authenticated pursuant to the Federal Rules of Civil Procedure
and the Federal Rules of Evidence.
We are directing our contractors to microfilm all of their
REM site files and to deliver a set of microfiche cards to the
Regions. The paper files will be kept only where hard copies
are necessary: 1) Maps, photographs, blueprints, and drawings
which do not microfilm well or are not easy to read on film; 2)
Enforcement cases currently in litigation which may be easier to
manage using paper; 3) Final deliverables such as Remedial
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-2-
OSWER Directive
9242.3-6
Investigations and Feasibility Studies which will be in demand
by the public and other interested parties and are normally
retained in the Regional Docket. If you wish any of these
materials to be sent to you, you should request them from the
contractor as soon as possible.
CH2M Hill and NUS are subcontracting the microfilming work
and are responsible for quality assurance and quality control.
The process will be done in accordance with the technical regula-
tions concerning micrographics of Federal Government records
(36 CFR 1230 e_t seq.) . The original documents will be retained
until the microfilm has been developed, QA/QC procedures have
been completed and the film has been copied. The Region's only
responsibility in the process is final quality assurance. The
contractors are beginning the filming process. The process will
continue for several months. You will begin receiving the micro-
film at the end of August 1986. As the filming of each file is
completed, you will be sent the microfilm for final approval
prior to disposal of the paper files. To the extent possible,
each Region should review the film by random sampling or review-
ing the beginning and ends of documents to assure their complete-
ness. Microfilm readers are available in the Regional libraries.
When funding becomes available after reauthorization, additional
reader-printers may be ordered for your offices.
While this memorandum has discussed the files we will be
receiving from the contractors, the microfilm solution also may
be appropriate for your personal site documents. Microfilming
services can be procured for filming the files and combining
them with the contractor files for one complete set.
If you have any questions or suggestions about this procedure,
please call David Huber at 475-6706, or David Van Slyke at 382-3082,
Addressees:
Director, Waste Management Division, Regions I, IV, V, VI, VII,
& VIII
Director, Emergency and Remedial Response Division, Region II
Director, Hazardous Waste Management Division, Region III
Director, Toxics and Waste Management Division, Region IX
Director, Hazardous Waste Division, Region X
Regional Counsel, Regions I-X
cc: Bill Dehn, CH2M Hill
Paul Goldstein, NUS
Tom Tasker (PM-211D)
Andrew Moran, OGC (LE-132G)
Catherine McCabe, Department of Justice
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