EP 1110-3-8
9 Apr 04
a. Section 113 (k) of CERCLA and NCP subpart I (40 CFR 300.800 et seq.) require that
the Administrative Record be available to the public. In satisfying this provision, the government
must comply with all relevant public participation procedures outlined in sections 113 (k) and
117 of CERCLA.
b. The availability of the Administrative Record will vary depending upon the nature of
the response action. Different procedures are required for remedial and removal response
actions. In all cases, the PM, in coordination with the geographic district PAO, should publish a
notice of availability of the Administrative Record when the Record is first made available for
public inspection at the agency office and in the vicinity of the FUDS project at issue. The
notice should explain the purpose of the Administrative Record, its location and availability, and
how the public may participate in its development.
c. The notice should be published in a major local newspaper of general circulation. The
newspaper notice should be distributed to persons on a public affairs mailing list for the FUDS
project. Publication of the notice should be the responsibility of the geographic district PAO and
should be done in coordination with the PM. A copy of the notice of availability and list of
recipients should be included in the Record file. Appendix R contains a model notice of
availability.
d. This public notice may be combined with other notices for the same FUDS project,
such as a notice of availability of the local information repository, if they occur at the same time.
Additionally, the public can be informed through existing special notices, newsletters, and fact
sheets. Information on security criteria that must be met in order to view the Administrative
Record (e.g., criteria for entry into the agency office/Document Reading Room) will be provided
to the public. See the foreword and paragraphs 2-4i (16), 3-1b, 4-1c, and 4-2d for information on
the central role the Office of Counsel will play with respect to determinations concerning the
legal requirements for public participation, particularly so with respect to project documentation
that will not be made available to the public due to a government/legal privilege.
4-14. Administrative Record Requirements for Remedial and Removal Response Actions. See
the proposed ER 200-3-1, tables 8-1 and 8-2, respectively, for information on Administrative
Record requirements for remedial and removal response actions. See chapter 8 of the proposed
ER 200-3-1 for a discussion of the different Administrative Record requirements for time-critical
removal response actions (i.e., actions for which, based on the FUDS property evaluation, the
lead agency determines that a period of less than 6 months exists before the onsite removal
response action must be initiated) and non-time-critical removal response actions (i.e., actions
for which, based on the FUDS property evaluation, the lead agency determines that a planning
period of at least 6 months exists before the onsite removal response action must be initiated).
4-15. Relationship to Army Records Information Management System (ARIMS).
4-12
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