EP 1110-3-8
9 Apr 04
(1) The Record will be compiled as documents relating to the selection of the response
action are generated or received by the Army.
(2) The Record will include documents that form the basis for the decision, whether or not
they support the response selection.
(3) The Record will be a contemporaneous explanation of the basis for the selection of a
response action.
d. With each type of document, apply the question, "Will this document be relied upon in
selecting the response action?" Many documents that comprise the permanent Project File are
support or housekeeping documents that are necessary, but do not contribute to the decision-
making process. Documents such as correspondence and work and safety plans may contain
information that would be appropriate to include. Some documents contain privileged
government information, such as procurement negotiation memorandums or cost reports, or have
a legal privilege, making it inappropriate to release them to the public.
e. The effort to establish adequate Administrative Records encompasses a vast array of
people, including records managers, PMs, lawyers, PAO personnel, real estate office personnel,
and personnel of other Federal agencies. The decision to include those documents labeled Ω in
appendix I will require strong coordination with those offices that will play a role.
f. This procedure includes not only those documents which will comprise the
Administrative Record, but will also include a description of a model file structure for an entire
permanent Project File (see appendix J). This model file structure will be used for all permanent
Project Files to ensure uniformity and consistency throughout the HTRW and MMR programs in
the Army.
4-3. Judicial Review.
a. The district where the PM resides will develop an internal procedure to channel those
documents that are questionable for inclusion in the Administrative Record through the
appropriate offices to ensure proper review and coordination. Appropriate offices may include
Project Management, Records Management, and Real Estate in conjunction with the Office of
Counsel from the district where the PM for the FUDS project resides. Since judicial review of
any issues concerning the adequacy of any response action is limited to the Administrative
Record, based on section 113 (j) ( l ) of CERCLA, it is imperative that Office of Counsel have
lead responsibility in making final determinations. Counsel will become involved in making
decisions for inclusion of documents in the Administrative Record as the documents are being
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