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Enforcement, Master EPA Correspondence - NM

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Glossary of terms relating to file structure phase activities and file categories

Descriptions of 33.00 - 33.99 SRC Folder Code HZ/SF/EN/NM NARA General Records Schedule  N1-412-94-3/6

Definition

An Enforcement, Master EPA Correspondence & General (NM) file is opened when the first enforcement letter is sent out, and is closed when the cost recovery is complete.  This phase contains the U.S. Environmental Protection Agency (EPA) master letters and addressee lists for enforcement correspondence to potential responsible parties (PRPs).  Master correspondence will be memorialized by filing the complete letter (with all attachments ) to the first addressee on the list, with the complete addressee list.  All individual PRP correspondence to and from the Agency is filed in the Enforcement, PRP Specific (NP) phase.  PRP specific letters are filed in the NP phase.  If no master letter exists, photocopy the master letter with attachments and file one copy in the NM phase.

SDMS Keyword

33.01 104(e) Letters
33.05 Demand Letters
33.07 Enforcement General Correspondence (Releasable)
33.02 General Notice Letters
33.06 Mailing List of PRP(s)
33.04 RD / RA Special Notice Letters
33.03 RI / FS Special Notice Letters
33.08 Special Notice Waiver Letters
33.09 Comfort / Status Letters


33.99 Other

SDMS Keyword Description

33.01 104(e) Letters
These letters sent to PRP(s) by the EPA are a request for any information that they have concerning the site in question such as their past relationship and transactions with the site.

33.02 General Notice Letters
;Once PRP(s) have been identified, notice letters are sent to inform them of investigations that are being conducted concerning the site and that they have been identified as a PRP at that time.  A general notice is less formal than a special notice, it can be sent during a removal or remedial action, and the PRP(s) have only five days to respond.  Sometimes referred to as 106/107 letter.

33.03 RI / FS Special Notice Letters
These letters are sent during the Remedial Investigation / Feasibility Study (RI/FS) phase.  The PRP(s) are given 90 days to negotiate a consent decree with EPA.  This is sometimes referred to as a 122(e) letter.

33.04 RD / RA Special Notice Letters
These letters are sent during the Remedial Design (RD) and Remedial Action (RA) phase.  The PRP(s) are given 90 days to negotiate a consent decree with EPA.  This is sometimes referred to as a 122(e) letter.

33.05 Demand Letters
These are letters sent to the PRP(s) demanding payment of a certain sum for response costs.

33.06 Mailing List of PRP(s)
This is a list of names and addresses of PRP(s) that were sent with a particular notice letter.

33.07 Enforcement General Correspondence (Releasable)
This is general correspondence including letters, memoranda, notes, and record of communications (ROCs) about enforcement that does not fit another specific enforcement category.  Memoranda and notes to the file related to enforcement actions are included here.

33.08  Special Notice Waiver Letters
The EPA's decision on whether to use the special notice procedures for any response action is clearly discretionary.  The PRP(s) must be notified in writing when the EPA decides not to utilize the special notice procedures in 122(e).  These letters inform the PRP(s) of the EPA's decision not to utilize such procedures and provides an explanation of that decision.

33.09  Comfort / Status Letters
Letters that provide any releasable information EPA has about a site, what information means, and the likelihood that the EPA will take federal Superfund action. Comfort / Status letters are used when: 1) they may facilitate cleanup and redevelopment of Brownfields; 2) there is a realistic perception or probability of incurring Superfund liability; and 3) no other mechanism could adequately address a party's concerns.

33.99  Other
If the needed keyword code is not available, code to 33.99.

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