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Sec. 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 B-Confidentiality of Business


Sec. 2.307 Special rules governing certain infor.

mation obtained under the Federal Insecticide, Fungicide and Rodenticide

Act. 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. 300j-4, 3003-9; 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 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

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. 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 Substances Control Act.

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 writ. ings (such as handwritten notes, drafts, and the like), and also includes information preserved in a form which inust 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 officers, and employees by use of Government funds or in the course of transacting official business. However,

the term does not include materials which are legally owned by an EPA of ficer 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 in spect or obtain a copy of one or more records.

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

rected by the requestor to offices other than those listed in $ 2.106.

(b) Any written request to EPA for existing records prepared by EPA for routine public distribution, e.g., pamphlets, copies of speeches, press releases, and educational materials, shall be honored. No individual determination under $ 2.111 is necessary in such cases, since preparation of the records for routine public distribution itself constitutes a determination that the records are available to the public.

$ 2.101 Policy on disclosure of EPA

records. (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 confidential treatment, and the need for EPA to promote frank internal policy deliberations and to pursue its official activities without undue disruption.

(b) All EPA records shall be available to the public unless they are exempt from the disclosure requirements of 5 U.S.C 552.

(c) All nonexempt EPA records shall be available to the public upon request regardless of whether any justification or need for such records has been shown by the requestor.

8 2.105 Existing records.

(a) The Freedom of Information Act, 5 U.S.C. 552, does not require the creation of new records in response to a request, nor does it require EPA to place a requestor's name on a distribution list for automatic receipt of certain kinds of records as they come into existence. The Act establishes requirements for disclosure of existing records.

(b) All existing EPA records are subject to routine destruction according to standard record retention schedules.

$ 2.102 (Reserved)

$ 2.103 Partial disclosure of records.

If a requested record contains both exempt and nonexempt material, the nonexempt material shall be disclosed, after the exempt material has been deleted in accordance with $ 2.119.

$2.106 Where requests for agency records

shall be filed. (a) A request for records may be filed with the EPA Freedom of Information Officer, A-101, 401 M Street, SW., Washington, D.C. 20460.

(b) Should the requestor have reason to believe that the records sought may be located in an EPA regional office, he may transmit his request to the appropriate regional Freedom of Information Office indicated below:

(1) Region I (Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island, Vermont): U.S. Environmental Protection Agency, Freedom of Information Officer, Room 2303, John F. Kennedy Federal Building, Boston, Mass. 02203.

(2) Region II (New Jersey, New York, Puerto Rico, Virgin Islands): U.S. Environmental Protection Agency, Freedom of Information Officer, Room 1005, 26 Federal Plaza, New York, NY 10007.

8 2.104 Requests to which this subpart ap

plies. (a) This subpart applies to any written request (other than a request made by another Federal agency) received by any EPA office, whether or not the request cites the Freedom of Information Act, 5 U.S.C. 552. See $ 2.107(a) and $ 2.112(b) regarding the treatment of requests which are di

subpart will be given to written requests that are addressed to EPA of. fices, officers, or employees other than the Freedom of Information Officers listed in § 2.106. Any EPA officer or employee who receives a written request for inspection or disclosure of EPA records shall promptly forward a copy of the request to the appropriate Freedom of Information Officer, by the fastest practicable means, and shall, if appropriate, commence action

(b) While EPA officers and employees will attempt in good faith to comply with requests for inspection or disclosure of EPA records made orally, by telephone or otherwise, such oral requests are not required to be processed in accordance with this subpart.

(3) Region III (Delaware, Maryland, Pennsylvania, Virginia, West Virginia, District of Columbia); U.S. Environmental Protection Agency,

Freedom of Information Officer, Curtis Building. Sixth and Walnut Streets, Philadelphia, PA 19106.

(4) Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee); U.S. Environmental Protection Agency, Freedom of Information Officer, Suite 504, 1421 Peachtree Street, NE., Atlanta, GA 30309.

(5) Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin); U.S. Environmental Protection Agency,

Freedom of Information Officer, 230 Dearborn Street, Chicago, IL 60604.

(6) Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas): U.S. Environmental Protection Agency, Freedom of Information Officer, Suite 1100, 1600 Patterson Street, Dallas, TX 75201.

(7) Region VII (Iowa, Kansas, Missouri, Nebraska): U.S. Environmental Protection Agency,

Freedom of Information Officer, 1735 Bal. timore Avenue, Kansas City, MO 64108.

(8) Region VIII (Colorado, Montana, North Dakota, South Dakota. Utah. Wyoming): U.S. Environmental Protection Agency, Freedom of Information Officer, Suite 900, 1860 Lincoln Street, Denver, CO 80203.

(9) Region IX (Arizona, California, Hawaii, Nevada, American Samoa, Guam, Trust Territory of Pacific Islands, Wake Island): U.S. Environmental Protection Agency, Freedom of Information Officer, 100 Cali. fornia Street, San Francisco, CA 94111.

(10) Region X (Alaska, Idaho, Oregon, Washington); U.S. Environmental Protection Agency,

Freedom of Information Officer, 1200 Sixth Avenue, Seattle, WA 98101.

$2.108 Form of request.

A request shall be made in writing, shall reasonably describe the records sought in a way that will permit their identification and location, and should be addressed to one of the addresses set forth in $ 2.106, but otherwise need not be in any particular form.

$ 2.109 Requests which do not reasonably

describe records sought. (a) If the description of the reco sought in the request is not sufficient to allow EPA to identify and locate the requested records, the EPA office taking action under $ 2.111 will notify the requestor (by telephone when practicable) that the request cannot be further processed until additional information is furnished.

(b) EPA will make every reasonable effort to assist in the identification and description of records sought and to assist the requestor in formulating his request. If a request is described in general terms (e.g., all records having to do with a certain area), the EPA office taking action under $2.111 may communicate with the requestor (by telephone when practicable) with a view toward reducing the administrative burden of processing a broad request and minimizing the fees payable by the requestor. Such attempts will not be used as a means to discourage requests, but rather as a means to help

8 2.107 Misdirected written requests; oral

requests. (a) EPA cannot assure that a timely or satisfactory response under this

identify with more specificity the (3) When appropriate, take action records actually sought.

under $ 2.120(c) to obtain payment or

assurance of payment; 8 2.110 Responsibilities of Freedom of In

(4) If any located records contain formation Officers.

business information, as defined in (a) Upon receipt of a written re $ 2.201(c), comply with Subpart B of quest, the Freedom of information Of this part; ficer (whether at EPA Headquarters (5) Determine which of the requestor at an EPA region) shall mark the ed records legally must be withheld, request with the date of receipt, and and why (see $ 2.119(b)); shall attach to the request a control (6) Of the requested records which slip indicating the date of receipt, the are exempt from mandatory disclosure date by which response is due, a but which legally may be disclosed unique Request Identification (see $ 2.119(a)), determine which Number, and other pertinent adminis- records will be withheld, and why; trative information. The request and (7) Issue all initial determination control slip shall then be forwarded within the allowed period (see $ 2.112), immediately to the EPA office be specifying (individually or by categolieved to be responsible for maintain ry) which records will be disclosed and ing the records requested. (If the which will be withheld, and signed by records requested are believed to be lo a person authorized to issue the detercated at two or more EPA offices, each mination under 8 2.113(b). Denials of such office shall be furnished a copy requests shall comply with $ 2.113; and of the request and control slip, with

(8) Furnish the appropriate Freeinstructions concerning which office

dom of Information Officer a copy of shall serve as the lead office for co

the determination. If the determinaordinating the response.) The Free

tion denied a request for one or more dom of Information Officer shall

existing, located records, the respondretain a file copy of the request and

ing office shall also furnish the Freecontrol slip, and shall monitor the

dom of Information officer the name, handling of the request to ensure a

address, and telephone number of the timely response.

EPA employee(s) having custody of (b) The Freedom of Information Of the records, and shall maintain the ficer shall maintain a file concerning records in a manner permitting their each request received, which shall con prompt forwarding to the General tain a copy of the request, initial and Counsel upon request if an appeal appeal determinations, and other per

from the initial denial is filed. See also tinent correspondence and records. $ 2.204(f).

(c) The Freedom of Information of (b) If it appears that some or all of ficer shall collect and maintain the in

the requested records are not in the formation necessary to compile the re possession of the EPA office which ports required by 5 U.S.C. 552(d).

has been assigned responsibility for re

sponding to the request but may be in 8 2.111 Action by office responsible for re.

the possession of some other EPA sponding to request.

office, the Freedom of Information of(a) Whenever an EPA office becomes ficer who is monitoring the request aware that it is responsible for re shall be so informed immediately. sponding to a request, the office shall: (1) Take action under $ 2.109, if re- 92.112.

8 2.112 Time allowed for issuance of iniquired, to obtain a better description

tial determination. of the records requested;

(a) Except as otherwise provided in (2) Locate the records as promptly this section, not later than the tenth as possible, or determine that the working day after the date of receipt records are not known to exist, or that by a Freedom of information Office of they are located at another EPA a request for records, the EPA office office, or that they are located at an responsible for responding to the reother Federal agency and not pos- quest shall issue a written determinasessed by EPA;

tion to the requestor stating which of the requested records will, and which (f) Failure of EPA to issue a determiwill not, be released, and the reason nation within the 10-day period or any for any denial of a request.

authorized extension shall constitute (b) The period of 10 working days final agency action which authorizes shall be measured from the date the the requestor to commence an action request is first received and logged in in an appropriate Federal district by the Headquarters or regional Free court to obtain the records. dom of Information Office,

(c) There shall be excluded from the 82.113 Initial denials of requests. period of 10 working days (or any ex (a) An initial denial of a request may tension thereof) any time which be issued only for the following reaelapses between the date that a re

sons: estor is notified by EPA under (1) The record requested is not $ 2.109 that his request does not rea- known to exist sonably identify the records sought,

(2) The record is not in EPA's posand the date that the requestor fur

session: nishes a reasonable identification.

(3) The record has been published in (d) There shall be excluded from the

the FEDERAL REGISTER or is otherwise period of 10 working days (or any ex

published and available for sale; tension thereof) any time which

(4) A statutory provision, provision elapses between the date that a requestor is notified by EPA under

of this part, or court order requires

that the information not be disclosed; § 2.120 that prepayment of fees is required, and the date that the reques

(5) The record is exempt from mantor pays (or makes suitable arrange

datory disclosure under 5 U.S.C. 552(b) ments to pay) such charges.

and EPA has decided that the public (e) The EPA office taking action

interest would not be served by disclounder $ 2.111, after notifying the ap

sure; propriate Freedom of Information

(6) Section 2.204(d)(1) requires ini. Office, may extend the basic 10-day

tial denial because a third person must period established under subsection be consulted in connection with a busi(a) of this section by a period not to

ness confidentiality claim; or exceed 10 additional working days, by

(7) The record is believed to exist in furnishing written notice to the re EPA's possession but has not yet been questor within the basic 10-day period located (see paragraph (h) of this secstating the reasons for such extension tion). and the date by which the office ex (b) Assistant Administrators, heads pects to be able to issue a determina- of headquarters staff offices, and Retion. The period may be so extended gional Administrators are delegated only when absolutely necessary, only the authority to issue initial determifor the period required, and only when nations. This authority may be redeleone or more of the following unusual gated; provided, that the authority to circumstances require the extension: issue initial denials of requests for ex

(1) There is a need to search for and isting located records (other than decollect the requested records from nials based solely on $ 2.204(d)(1)) may field facilities or other establishments be redelegated only to persons occupythat are separate from the office proc. ing positions not lower than division essing the request:

director or equivalent. (2) There is a need to search for, col (c) (Reserved) lect, and appropriately examine a vo (d) Each initial determination to luminous amount of separate and dis deny a request shall be written, signed, tinct records which are demanded in a and dated, shall contain a reference to single request; or

the Request Identification Number, (3) There is a need for consultation, shall identify the records that are which shall be conducted with all being withheld (individually, or, if the practicable speed, with another agency denial covers a large number of similar having a substantial interest in the de records, by described category), and termination of the request or among shall state the basis for denial of each two or more components of EPA.

record or category of records being

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