Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

25 Pa. Code § 3.12. Content.

§ 3.12. Content.

 (a)  The administrative record for each response at a minimum, shall consist of the following:

   (1)  An administrative record docket listing the contents of the administrative record.

   (2)  A copy of the notice as required by §  3.22 (relating to notice of prompt interim response) or a copy of the notice as required by §  3.23 (relating to notice of proposed response).

   (3)  The information known and reasonably available to the Department, including, but not limited to, studies, inspection reports, sample results and permit files which relate to the release or threatened release, and to the selection, design and adequacy of the proposed response or the interim response initiated under section 505(b) of the Hazardous Sites Cleanup Act (35 P. S. §  6020.505(b)).

   (4)  Copies of public comments received during the comment period as provided for in §  3.24 (relating to public comment on the response).

   (5)  A transcript of the public hearing held in accordance with §  3.25 (relating to public hearing on the response).

   (6)  The Department’s response to significant comments, criticisms and new data received during the public comment period required by §  3.27 (relating to Departmental response to significant comments).

   (7)  The Department’s statement of decision providing notification of the response selected based on the content of the administrative record as required by §  3.31 (relating to decision).

 (b)  The Department will designate the studies, inspection reports, sample results and permit files which relate to the release or threatened release and to the selection, design and adequacy of the response action. These documents may be incorporated into the administrative record by reference if the reference includes the location and time wherein the documents may be examined.

 (c)  Treatises, technical literature and other reports or studies which are published and generally available may be incorporated into the administrative record by reference. Documents or literature which is not published or in general circulation may also be incorporated by reference, if the documents or literature are available for examination in the regional office wherein the site is located.

 (d)  Internal Department documents, such as memoranda, correspondence or draft documents, will not be considered part of the administrative record, unless specifically designated by the Department or submitted during the public comment period. Internal Department documents which are public records will continue to be available to the public. This subsection does not alter existing law or policy regarding public access to Department records.

 (e)  Documents which are generated for a particular response but which are designated confidential in accordance with §  3.26(a)(4) (relating to submission and acknowledgment of public comments) shall be compiled and maintained separately from the administrative record. Summaries of confidential documents shall be entered into the administrative record.

Cross References

   This section cited in 25 Pa. Code §  3.24 (relating to public comment on the response).



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