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ment of the environmental and socio- tion of such specific items as: Treateconomic impacts of energy and min ment technology for public water superal resource extraction, processing, plies; methods for disposal of hazardconversion, and utilization systems, ous wastes, and alternative methods of and of their industrial operations; (2) pest control. development and demonstration of (d) Office of Health and Ecological cost-effective methods for control and Effects. The Office of Health and Ecomanagement of operations with envi- logical Effects, under the supervision ronmental impacts associated with the of the Deputy Assistant Administrator extraction, processing, conversion, for Health and Ecological Effects, is transmission and utilization of energy responsible for planning, managing, (except transportation utilization), and evaluating a comprehensive reand mineral resources, and with indus

search program for the: (1) Developtrial processing and manufacturing ment of health and ecological data facilities; (3) identification and evalua

needed for the establishment of standtion of alternatives, including conser

ards and criteria or guidelines for vation measures, for these systems and those components of the environment operations; and (4) coordination on

in which specific pollutants or activi. intra- and interagency health, ecologi

ties may require control; (2) determical and control technology research

nation of the fate, transport, and exand demonstration activities associat

posure effect, in relation to the ecosysed with the environmental aspects of

tem, of environmental pollutants, energy systems.

singly and in combination; (3) develop(C) Office, of Air, Land, and Water

ment and verification of methods and Use. The Office of Air, Land, and

models for analyzing the socio-ecoWater Use, under the supervision of

nomic impact of overall environmental the Deputy Assistant Administrator

degradation and alternative control for Air, Land, and Water Use, is re

strategies, which includes preparation sponsible for planning, managing, and

of multi-media assessments of availaevaluating a comprehensive program

ble scientific and technical informafor the: (1) Development and demon

tion on specific pollutants; and (4) stration of cost-effective methods for

comprehensive assessment of the envithe prevention or management of pol

ronmental and socio-economic impacts lutant discharge or waste disposal into the environment, except those related

of existing and proposed policies and

standards; and (5) coordination of the to energy, mineral, or industrial proc

Agency's policies and programs related esses; (2) development and demonstration of methods for the management

to carcinogens and similar agents. of the impact of land and water use ac

8 1.36 Office of the Assistant Administrativities on air and water quality; (3) de

tor for Toxic Substances. velopment and demonstration of optimum methods for the total environ

The Assistant Administrator for mental management of pollutants Toxic Substances is responsible for dewhich originate from multiple sources velopment of Agency strategies for imand are transported to exert their ef plementation and integration of the fects through one or more media; (4) pesticides and the toxic substances development of models and other programs under applicable Federal methods for linking source emission to statutes; developing and operating exposure; (5) development of new Agency programs and policies for asmethods, equipment, and procedures sessment and control of pesticides and for detecting, identifying and measur- toxic substances; developing recoming pollutants; (6) development of op- mendations for Agency priorities for timum mechanisms for implementing research, monitoring, regulatory, and environmental control or management information-gathering activities relatmethods; (7) assessment of the envi ing to pesticides and toxic substances; ronmental and socio-economic impacts developing scientific, technical, ecoof land, water, and air pollution con nomic, and social data bases for the trol and management activities; and conduct of hazard assessments and (8) the development and demonstra evaluations in support of toxic sub

stances and pesticides activities; pro- formance of scientific, economic, and viding toxic substances and pesticides technological assessments in support program guidance to EPA Regional of such regulatory actions; holding inOffices; and monitoring, evaluating, formal hearings on proposed regulaand assessing pesticides and toxic sub- tions under section 6; developing prostances program operations in EPA cedural rules for implementation of Headquarters and Regional Offices. section 5; and receiving manufacturing

(a) Office of Pesticide Programs. The and processing notices, coordinating Office of Pesticide Programs, under reviews, and initiating and providing the supervision of the Deputy Assist- for necessary regulatory actions under ant Administrator for Pesticide Pro- section 5. grams, is responsible for pesticide ac- (c) Office of Testing and Evaluation. tivities of the Agency, including devel- The Office of Testing and Evaluation, opment of strategic plans for the con- under the supervision of the Deputy trol of the national environmental pes- Assistant Administrator for Testing ticide situation for application by the and Evaluation, is responsible to the Office of Pesticide Programs, other Assistant Administrator for the planEPA components, other Federal agen- ning and operation of the program for cies, or by State, local, and private sec- identifying and evaluating the hazards tors; establishment of tolerance levels that chemical substances and mixtures for pesticide residues which occur in may present to health and the envior on food and the registration of pes- ronment, including, developing methticides; monitoring of pesticide residue odologies for performing hazard/risk levels in food, humans, and nontarget evaluations and criteria for acquiring fish and wildlife and their environ and assessing pertinent scientific data; ments; review of pesticide formula establishing and implementing policies tions and relevant data for efficacy and procedures for requiring testing and hazard; establishment of sales or under section 4 of TSCA, including use restrictions; investigations of pesti- testing to establish basic chemical and cide accidents and incidents; establish- physical properties and to determine ment of guidelines and standards for health and environmental effects, deproduct examination; preparation of veloping and evaluating test protocols, model legislation for use by States and guidelines, other contents of section 4 others in the development of more ef- rules, and selecting chemicals to be fective pesticide control programs; tested; conducting hazard/risk assessprovision of program policy direction ments in support of regulatory acto technical and manpower training tions, including actions to prohibit or activities in the pesticide area; devel- limit the manufacturing, processing, opment of research needs and moni- use, and disposal of existing chemicals, toring requirements for the pesticide under sections 6 and 7 of TSCA; and program and related areas; and review providing expertise, as needed, to the of impact statements dealing with pes- Office of Chemical Control by perticides.

forming hazard assessments in support (b) Office of Chemical Control. The of new chemical evaluations and reguOffice of Chemical Control, under the latory actions under section 5. supervision of the Deputy Assistant (d) Offices of Program Integration Administrator for Chemical Control, is and Information. The Office of Proresponsible to the Assistant Adminis- gram Intergration and Information, trator for the planning, evaluation, under the supervision of the Deputy and operation of the toxic substances Assistant Administrator for Program regulatory control program estab- Integration and Information, is relished under the Toxic Substances sponsible to the Assistant AdministraControl Act (TSCA), including identi. tor for promoting integration of the fying and initiating needed actions to Agency's toxic substances activities in provide for regulatory restrictions on accordance with policies and procethe manufacture, processing, distribu dures established by the Toxic Subtion, use, and disposal of chemical sub- stances Priorities Committee (TSPC); stances and mixtures under sections 5 coordinating relationships between and 6; performing or ensuring the per- toxic substances program offices and

established by the Administrator, Deputy Administrator, Assistant Administrators, and heads of headquarters staff offices. They develop, propose and implement an approved regional program for comprehensive and integrated environmental protection activities.


EPA Regional Offices; and establishing and operating toxic substances in formation management programs and policies. Activities directed towards promoting integration of toxic substances control activities include developing an agencywide system to inden tify and characterize toxic substances problems; developing procedures to establish the Agency's toxic substances priority action list; developing procedures to coordinate and integrate the Agency's toxic substances research, monitoring, risk assessment, standard. setting and public participation activities; coordinating with other Federal agencies to identify significant toxic substance problems and to foster an integrated Federal approach to such problems; developing and implementing procedures, under section 9, to ensure that actions taken under TSCA are coordinated with the Agency's actions under other statutory authori. ties and with regulatory actions of other Federal agencies; and coordinat. ing the Agency's response to environmental and health crises (other than spills and other discharges) involving chemicals. Responsibility for managing the toxic substances information program includes developing and implementing programs for the acquisition and dissemination of information on toxic substances under sections 8 and 10(b) of TSCA; reviewing the adequacy of toxic substances data management systems and toxics data man. agement policies, regulations, and issues; and developing monitoring programs to generate scientific data.

Subpart A-Requests for Information Sec. 2.100 Definitions. 2.101 Policy on disclosure of EPA records. 2.102 (Reserved) 2.103 Partial disclosure of records. 2.104 Requests to which this subpart ap

plies. 2.105 Existing records. 2.106 Where requests for agency records

shall be filed. 2.107 Misdirected written requests; oral re

quests. 2.108 Form of request. 2.109 Requests which do not reasonably

describe records sought. 2.110 Responsibilities of Freedom of Infor.

mation Officers. 2.111 Action by office responsible for re

sponding to request. 2.112 Time allowed for issuance of initial

determination. 2.113 Initial denials of requests. 2.114 Appeals from initial denials; manner

of making. 2.115 Appeal determinations; by whom

made. 2.116 Contents of determination denying

appeal. 2.117 Time allowed for issuance of appeal

determination. 2.118 Exemption categories. 2.119 Discretionary release of exempt doc

uments. 2.120 Fees; payment; waiver.

Subpart C-EPA Field Installations

Subpart B-Confidentiality of Business


8 1.41 Regional Offices.

Regional Adminstrators head regional offices and are responsible to the Administrator for the execution of the regional programs of the Agency within the boundaries of their regions. The Regional Administrators serve as the Administrator's principal representatives in the regions in contacts and relationships with Federal, State, interstate and local agencies, industry, academic institutions, and other public and private groups. They are responsible for accomplishing national program objectives within their regions as

2.201 Definitions. 2.202 Applicability of subpart; priority

where provisions conflict; records containing more than one kind of informa

tion. 2.203 Notice to be included in EPA re

quests, demands, and forms; method of asserting business confidentiality claim; effect of failure to assert claim at time

of submission. 2.204 Initial action by EPA office. 2.205 Final confidentiality determination

by EPA legal office.

U.S.C. 136h, 136j, 136v; sec. 408(f) of the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 346(f); and secs. 104(f) and 108 of the Marine Protection, Research, and Sanctuaries Act of 1972, 33 U.S.C. 1414(f), 1418.

SOURCE: 41 FR 36902, Sept. 1, 1976, unless otherwise noted.

Subpart A-Requests for Information

Sec. 2.206 Advance confidentiality determina

tions. 2.207 Class determinations. 2.208 Substantive criteria for use in confi

dentiality determinations. 2.209 Disclosure in special circumstances. 2.210 Nondisclosure for reasons other than

business confidentiality or where disclo

sure is prohibited by other statute. 2.211 Safeguarding of business informa

tion; penalty for wrongful disclosure. 2.212 Establishment of control offices for

categories of business information. 2.213 Designation by business of addressee

for notices and inquiries. 2.214 Defense of Freedom of Information

Act suits; participation by affected busi

ness. 2.215 Confidentiality agreements. 2.216-2.300 (Reserved) 2.301 Special rules governing certain infor.

mation obtained under the Clean Air

Act. 2.302 Special rules governing certain infor

mation obtained under the Clean Water

Act. 2.303 Special rules governing certain infor

mation obtained under the Noise Con

trol Act of 1972. 2.304 Special rules governing certain infor

mation obtained under the Safe Drink

ing Water Act. 2.305 Special rules governing certain infor

mation obtained under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act

of 1976. 2.306 Special rules governing certain infor.

mation obtained under the Toxic Sub

stances Control Act. 2.307 Special rules governing certain infor

mation obtained under the Federal Insecticide, Fungicide and Rodenticide

8 2.100 Definitions.
For the purposes of this part:

(a) "EPA” means the United States Environmental Protection Agency.

(b) “EPA record” or simply, “record” means any document, writing, photograph, sound or magnetic recording, drawing, or other similar thing by which information has been preserved, from which the information can be retrieved and copied, and which is, was, or is alleged to be possessed by EPA. The term includes informal writings (such as handwritten notes, drafts, and the like), and also includes information preserved in a form which must be translated or deciphered by machine in order to be intelligible to humans. The term includes documents and the like which were created or acquired by EPA, its predecessors, its of ficers, and employees by use of Gov. ernment funds or in the course of transacting official business. However, the term does not include materials which are legally owned by an EPA officer or employee in his or her purely personal capacity. Nor does the term include materials published by nonFederal organizations which are readily available to the public, such as books, journals, and periodicals available through reference libraries, even if such materials are in EPA's possession.

(C) “Request" means a request to inspect or obtain a copy of one or more records.

(d) “Requestor" means any person who has submitted a request to EPA.


2.308 Special rules governing certain infor.

mation obtained under the Federal

Food, Drug and Cosmetic Act. 2.309 Special rules governing certain infor

mation obtained under the Marine Protection, Research and Sanctuaries Act of

1972. AUTHORITY: 5 U.S.C. 301, 552, 553; secs. 114, 208, 301, and 307 of the Clean Air Act, as amended, 42 U.S.C. 7414, 7542, 7601, 7607; secs. 308, 501, and 509(a) of the Clean Water Act, as amended, 33 U.S.C. 1318, 1361, 1369(a); sec. 13 of the Noise Control Act of 1972, 42 U.S.C. 4912; secs. 1445 and 1450 of the Safe Drinking Water Act, 42 U.S.C. 3003-4, 300j-9; secs. 2002 and 3007 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6927; sec. 14 of the Toxic Substances Control Act, 15 U.S.C. 2613; secs. 10. 12, and 25 of the Federal Insecticide, Fungi. cide and Rodenticide Act, as amended, 7

82.101 Policy on disclosure of EPA rec

ords. (a) EPA will make the fullest possible disclosure of records to the public, consistent with the rights of individuals to privacy, the rights of persons

in business information entitled to ments for disclosure of existing recconfidential treatment, and the need ords. for EPA to promote frank internal (b) All existing EPA records are subpolicy deliberations and to pursue its ject to routine destruction according official activities without undue dis- to standard record retention schedruption.

ules. (b) All EPA records shall be available to the public unless they are

8 2.106 Where requests for agency records exempt from the disclosure require.

shall be filed. ments of 5 U.S.C 552.

(a) A request for records may be (c) All nonexempt EPA records shall filed with the EPA Freedom of Inforbe available to the public upon request mation Officer, A-101, 401 M Street, regardless of whether any justification SW., Washington, D.C. 20460. or need for such records has been (b) Should the requestor have shown by the requestor.

reason to believe that the records

sought may be located in an EPA re8 2.102 (Reserved)

gional office, he may transmit his re

quest to the appropriate regional Free8 2.103 Partial disclosure of records.

dom of Information Office indicated If a requested record contains both below: exempt and nonexempt material, the

(1) Region I (Massachusetts, Con. nonexempt material shall be disclosed,

necticut, Maine, New Hampshire, after the exempt material has been de

Rhode Island, Vermont): leted in accordance with § 2.119.

U.S. Environmental Protection Agency, 8 2.104 Requests to which this subpart ap Freedom of Information Officer, Room plies.

2303, John F. Kennedy Federal Building,

Boston, Mass. 02203. (a) This subpart applies to any written request (other than a request

(2) Region II (New Jersey, New made by another Federal agency) re York, Puerto Rico, Virgin Islands): ceived by any EPA office, whether or U.S. Environmental Protection Agency, not the request cites the Freedom of Freedom of Information Officer, Room Information Act, 5 U.S.C. 552. See 1005, 26 Federal Plaza, New York, NY $ 2.107(a) and $ 2.112(b) regarding the 10007. treatment of requests which are di

(3) Region III (Delaware, Maryland, rected by the requestor to offices

Pennsylvania, Virginia, West Virginia, other than those listed in $ 2.106.

District of Columbia); (b) Any written request to EPA for existing records prepared by EPA for

U.S. Environmental Protection Agency, routine public distribution, e.g., pam

Freedom of Information Officer, Curtis phlets, copies of speeches, press re

Building, Sixth and Walnut Streets, Phila

delphia, PA 19106. leases, and educational materials, shall be honored. No individual determina (4) Region IV (Alabama, Florida, tion under $ 2.111 is necessary in such Georgia, Kentucky, Mississippi, North cases, since preparation of the records Carolina, South Carolina, Tennessee): for routine public distribution itself

U.S. Environmental Protection Agency, constitutes a determination that the

Freedom of Information Officer, Suite records are available to the public.

504, 1421 Peachtree Street, NE., Atlanta,

GA 30309. 8 2.105 Existing records.

(5) Region V (Illinois, Indiana, (a) The Freedom of Information Act, Michigan. Minnesota, Ohio, Wiscon5 U.S.C. 552, does not require the cre- sin); ation of new records in response to a request, nor does it require EPA to

U.S. Environmental Protection Agency, place a requestor's name on a distribu

Freedom of Information Officer, 230 tion list for automatic receipt of cer

Dearborn Street, Chicago, IL 60604. tain kinds of records as they come into (6) Region VI (Arkansas, Louisiana, existence. The Act establishes require. New Mexico, Oklahoma, Texas):

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