EP 1110-3-8
9 Apr 04
CHAPTER 4
ESTABLISHING AND MAINTAINING
ADMINISTRATIVE RECORDS
4-1. Scope.
a. This chapter presents the procedures for establishing and maintaining Administrative
Records IAW CERCLA for all FUDS HTRW and MMR projects.
b. The Administrative Record, established under section 113 (k) of CERCLA, serves two
primary purposes. First, the Record contains those documents which form the basis for selection
of a response action and, under section 113 (j), judicial review of any issue concerning the
adequacy of any response action is limited to the Record. Second, section 113 (k) requires that
the Administrative Record act as a vehicle for public participation in selecting a response action.
The procedures discussed in this chapter were developed to ensure that USACE Administrative
Records meet these twin purposes.
c. The procedures presented in this chapter apply to all HQUSACE elements and all
USACE Commands having responsibility for establishing and maintaining Administrative
Records for HTRW response actions and MMR actions at FUDS projects. These procedures
apply to PRP projects only in those rare instances when, based on a formal PRP agreement,
USACE serves as the lead for execution of the response actions and agrees to maintain the
Administrative Record. In such instances, the PM will work closely with the Office of Counsel
to ensure that no project documentation that is subject to a legal privilege due to potential
litigation is inappropriately released. (Further information on this topic will be published at a
later date in the proposed ER 200-3-1.)
4-2. Definition of Administrative Record.
a. The Administrative Record is the body of documents that "forms the basis" for the
selection of a particular response at the FUDS project. Documents which are included are
relevant documents that were relied upon in selecting the response action, as well as relevant
documents that were considered but ultimately rejected (i.e., documents "considered or relied
on") (see appendices I, J, and K for particulars relating to Administrative Record documentation
requirements).
b. This guidance uses the phrase "considered or relied on" in discussing which documents
should be included in the Administrative Record to indicate that it is USACE's general policy to
be inclusive with respect to including documents in the Administrative Record. However, drafts
or internal documents are generally not included in the Administrative Record except in specific
circumstances (see paragraph 4-10).
c. The following principles will be applied in establishing Administrative Records:
4-1
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