long-range and strategic planning; compiling reports to the Congress and the President on Agency programs and activities; systems analysis of Agency program activities, including the development, initiation, and monitoring of new and redirected Agency programs and goals; coordinating the Agency's environmental standards and regulations development process; economic and industrial analysis of the impact of abatement regulations and programs on firms, industries, and functional and geographic sectors; policy coordination, including analytic input to the budgetary, legislative, and policy development processes; program progress measurement; and planning, policy direction, needs assessment, program review, and evaluation of Agency manpower development programs.

(c) Office of Resources Management. The Office of Resources Management, under the supervision of the Deputy Assistant Administrator for Resources Management, is responsible for resources management, including developing and administering a program-planningbudgeting system in accordance with Office of Management and Budget directives; budget formulation, preparation, and execution, including funding allotments and allocations; and financial management and services, including developing and maintaining accounting systems, fiscal controls, and systems for payroll and disbursements.

(d) Office of Audit. The Office of Audit, under the supervision of a Director, is responsible for development and conduct of a comprehensive audit program for the Agency, including the conduct of internal and external audits of Agency programs and the provision of an independent appraisal for the Administrator and other Agency officials of the program, financial, and administrative operations of the Agency.

those Agency laboratories engaged in operations in support of the responsibilities of the Agency Regional Administrators is provided from this office. The Assistant Administrator for Research and Monitoring has the planning responsibility for Agency environmental quality monitoring programs and for selected demonstration programs. The functions and activities of the Office of the Assistant Administrator for Research and Monitoring are performed by Deputy Assistant Administrators for Monitoring, Program Operations, and Research.

(a) Office of Monitoring. The Office of Monitoring, under the supervision of the Deputy Assistant Administrator for Monitoring, is responsible for planning, developing, coordinating, and evaluating Agency environmental quality monitoring programs to provide effective support to the Agency's regulatory responsibilities and other program operations and activities. The Office coordinates Agency monitoring efforts with those of Federal agencies, the States, and other public bodies. It devises an overall monitoring strategy to assure the existence of an effective Agency monitoring capability and assures timely incorporation of newly developed monitoring techniques and equipment into monitoring networks. The Office establishes baselines in order that environmental trends may be determined and standards for compliance established. It analyzes and presents monitoring data in an effective manner for use by Agency officials.

(b) Office of Program Operations. The Office of Program Operations, under the supervision of the Deputy Assistant Administrator for Program Operations, is responsible for the internal programing operations of the Office of the Assistant Administrator. The Office develops, implements, and coordinates the Agency laboratory operations program, in fulfillment of research requirements established by the Deputy Assistant Administrator for Research, the Deputy Assistant Administrator for Monitoring, other Assistant Administrators, and the Regional Administrators. The Office provides management assistance to and surveillance of the national environmental research centers and field research laboratories. It manages the research information program of the Office. It provides operating control of the research grants review program.

(c) Office of Research. The Office of Research, under the supervision of the

Deputy Assistant Administrator for Research, is responsible for planning, developing, implementing, coordinating, and evaluating a comprehensive Agency research program, utilizing both internal and extramural capabilities, to serve as a basis for achieving maximum effectiveness in environmental protection and to provide a sound scientific basis for the Agency's program operations. The Office assures that research goals and relative priorities are appropriately identified and pursued. The Office establishes specific research requirements for the overall in-house, grant, and contract programs responsive to the needs of Agency operating programs and activities. It provides technical direction of Agency laboratory staffs in their conduct of research projects. It assists the program operating offices in assuring that research results are translated into operational solutions to environmental problems. The Office coordinates the Agency research program with environmental research programs of other governmental agencies, industry, universities, and other private and public institutions, and provides for international research programs and coordination.

Subpart C-Field Installations

§ 1.41 Regional offices.

Regional offices are headed by Regional Administrators who 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 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.

§ 1.43 National Environmental Research Centers and the Western Environmental Research Laboratory. National Environmental Research Centers and their "satellite" laboratories and the Western Environmental Re

search Laboratories are under the supervision of the Assistant Administrator for Research and Monitoring. These installations and their primary areas of responsibilities are as follows:

(a) National Environmental Research Center-Research Triangle Park, N.C. (health effects research);

(b) National Environmental Research Center-Cincinnati, Ohio (pollution control technology and engineering research);

(c) National Environmental Research Center-Corvallis, Oreg. (ecological systems research); and

(d) The Western Envronmental Research Laboratory at Las Vegas, Nev. (radiation effects research).

Where information is exempt under 5 U.S.C. 552(b) from mandatory disclosure, the EPA Office of Public Affairs may, pursuant to §2.107, order disclosure in the public interest, unless such disclosure is prohibited by law. § 2.102

Procedures applicable to the

public.

(a) Form of request. A request need not be in any particular form, but it (1) must be in writing, and (2) must describe the records sought with sufficient specificity to permit identification.

(b) Place of request. A request for records may be filed with the EPA Office of Public Affairs, 401 M Street SW., Washington, D.C. 20460, or with any other EPA office. Requests for records located in the indicated States may be filed with the following EPA Regional Offices:

(1) Region I. (Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island, Vermont), Room 2303, John F. Kennedy Federal Building, Boston, Mass. 02203. (2) Region II. (New Jersey, New York, Puerto Rico, Virgin Islands), Room 847, 26 Federal Plaza, New York, NY 10007. (3) Region III. (Delaware, Maryland, Pennsylvania, Virginia, West Virginia, District of Columbia), Post Office Box 12900, Philadelphia, PA 19108.

(4) Region IV. (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Suite 300, 1421 Peachtree Street NE., Atlanta, GA 30309. (5) Region V. (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 1 North Wacker Drive, Chicago, IL 60606.

(6) Region VI. (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 1114 Commerce Street, Dallas, TX 75202. (7) Region VII. (Iowa, Kansas, Missouri, Nebraska), Room 702, 911 Walnut Street, Kansas City, MO 64106.

(8) Region VIII. (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming), Room 9041, Federal Office Building, 19th and Stout Streets, Denver, CO 80202. (9) Region IX. (Arizona, California, Hawall, Nevada, American Samoa, Guam, Trust Territories of Pacific Islands, Wake Island), 760 Market Street, San Francisco, CA 94102. (10) Region X. (Alaska, Idaho, Oregon, Washington), 1200 Sixth Avenue, Seattle, WA 98101.

§ 2.103 Agency procedures in response to request.

Within 10 working days after receipt of a request for records by an EPA office other than the Office of Public Affairs, such office will forward a copy of the request (with the date and place of receipt

noted thereon) to the EPA Office of Public Affairs. In the event the office receiving the request is not the office responsible for maintaining the records requested, the request shall be forwarded immediately to the office having such responsibility.

§ 2.104 Duties of responsible EPA office. Within 10 working days after receipt of a request for records, the EPA office responsible for maintaining the records requested will:

(a) Obtain, or ascertain the location of, the records requested, and, unless a determination pursuant to § 2.106 is required, inform the requesting party of where the records may be inspected and, if ascertainable, of the charge for furnishing copies; or

(b) Inform the requesting party that the search for the requested records is continuing, and advise him of the anticipated date of completion of the search, and of any necessary subsequent extensions of such date, at which time (but in no event later than 30 days after receipt of a request for records) the provisions of the appropriate paragraph of this section will be promptly followed;

or

(c) Inform the requesting party that the records sought are in the possession of another Government agency; refer the request to the office in such other agency where the records may be found; and notify the requesting party of such referral; or

(d) Inform the requesting party that the records requested do not exist, to the best knowledge of the receiving office; or

(e) Inform the requesting party that the records requested have been published in the FEDERAL REGISTER, or in any other generally available publication, and furnish the citation to such publication and the place or places where it may be obtained; or

(f) Inform the requesting party that disclosure of all or part of the records requested is under review pursuant to § 2.106, and promptly forward the request in accordance therewith: Provided, That with respect to any part of the records requested which is not subject to review pursuant to § 2.106, action shall be taken promptly under the appropriate paragraph of this section; or

(g) Furnish such other information or take such other action as is appropriate; and

Records

(a) Exempt information. may be exempt from disclosure, pursuant to 5 U.S.C. 552(b), when they pertain to matters that are:

(1) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;

(2) Related solely to the internal personnel rules and practices of an agency; (3) Specifically exempted from disclosure by statute;

(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) Interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(7) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency;

(8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) Geological and geophysical information and data, including maps, concerning wells.

(b) Procedures. The office responsible for maintaining the records requested will make a preliminary evaluation to determine whether they are exempt from mandatory disclosure pursuant to 5 U.S.C. 552(b). Whenever it is determined that the records requested are or may be exempt, such office will promptly forward a copy or a description of the records requested, together with a brief statement of its position with reference to the applicability of an exemption, and a request for a determination, to the Office of the General Counsel at EPA headquarters, or to the Regional Counsel for the region in which the records are located, and, if the information contained in the records requested was obtained from a person other than EPA, will give notice of the request to such other person.

§ 2.106 Determinations by the Office of the General Counsel or a Regional Counsel.

(a) General. Not later than 10 working days after receipt of a request for a determination, the Office of the General Counsel or Regional Counsel:

(1) Will advise the office requesting the determination to release the records requested, if no exemption pursuant to 5 U.S.C. 552(b) is found applicable; or (2) Will advise the office requesting the determination not to release the records requested, if disclosure is prohibited by law; or

(3) Will, if it is found that an exemption pursuant to 5 U.S.C. 552(b) is applicable, but that disclosure is not prohibited by law, forward to the EPA Office of Public Affairs the entire file, with an opinion as to the applicability of a statutory exemption; and,

§ 2.107

Determinations by the Office of Public Affairs.

Not later than 10 working days after receipt of an opinion from the Office of the General Counsel or a Regional Counsel pursuant to § 2.106(a)(3) as to the applicability of an exemption under 5 U.S.C. 552(b), the Office of Public Affairs will determine whether the records requested should be made available in the public interest, notwithstanding the applicability of an exemption, and will

(a) Order the disclosure of the records requested, or

(b) Notify the requesting party in accordance with § 2.109 that the records requested will not be disclosed. § 2.107a

Trade secrets and privileged or confidential information.

(a) Trade secrets. (1) In the event records requested under this part may contain trade secrets, the office responsible for maintaining the records requested will forward the request for determination and accompanying materials referred to in § 2.105(b) only to the Office of General Counsel, and the notice

referred to in § 2.105(b), unless published in the FEDERAL REGISTER, will be sent by certified mail (return receipt requested): Provided, That notice under § 2.105(b) need not be given if similar notice was given prior to referring the matter to the Office of General Counsel.

(2) If a person to whom notice of a request for records has been given under § 2.105(b), or otherwise, advises the Office of General Counsel, in writing, prior to the expiration of 10 working days following the receipt or publication of such notice, that the requested records contain trade secrets furnished by such person, the portions of such records said to contain trade secrets shall not be disclosed, nor copies provided, unless the General Counsel shall first have made a final written determination that such records do not in fact contain trade secrets, or unless such disclosure is authorized by statute in spite of the provisions of 18 U.S.C. 1905. In the event no claim or other response is received by the Office of General Counsel prior to the expiration of the 10 working days specified herein, it will, before reaching a determination with respect to trade secrecy, make prompt inquiries to ensure that the absence of a response hereunder is not attributable to delay or failure of the mails. A claim, including a claim asserted by telephone, made at the time of such inquiries and confirmed in writing will be considered timely for purposes of subparagraph (3) of this paragraph. The Office of General Counsel will promptly notify the requesting party whenever a claim is made under this subparagraph. In making a determination under this subparagraph, the General Counsel will consider any additional information submitted to the Office of General Counsel within 30 days of receipt of a claim made hereunder, or within such longer time period requested by the claimant or the requesting party as it may agree to. If authorized by 5 U.S.C. 552(b) (4), the Office of General Counsel may agree to treat any such additional information as confidential at the request of the person submitting it, in which case it will not be disclosed without the express written permission of the person submitting it. If the General Counsel determines that the records requested do not contain trade secrets, notice of such determination will be served by certified mail by the Office of General Counsel upon the person making the claim. No sooner than 30 days following

the mailing of such notice, the requested records will be disclosed in accordance with this part.

(3) In the event a timely claim is made under subparagraph (2) of this paragraph, the time limits specified in §§ 2.106(a) and 2.109 (b) will not apply. In addition, the time limit specified in § 2.106(a) will be extended to include the time required for the prompt inquiries by the Office of General Counsel, referred to in subparagraph (2) of this paragraph.

(4) On request of an interested party, the General Counsel may issue written determinations as to whether specified information contained in EPA records does or does not constitute trade secrets, whether or not a request for information has been made under this part. In the event a request is subsequently made under this part for information previously so determined to constitute trade secrets, EPA will be bound by that previous determination, unless the General Counsel: (i) Determines that subsequent events have destroyed the trade secrecy of the information in question, and (ii) gives written notice of such determination, and a full explanation of the basis therefor, to any person making a claim under subparagraph (2) of this paragraph.

(b) Privileged or confidential information. (1) Privileged or confidential information (other than trade secrets or financial information the disclosure of which is prohibited by 18 U.S.C. 1905), which is referred to in 5 U.S.C. 552(b) (4) and 2.105 (a) (4), and defined in subparagraph (2) of this paragraph, will not be disclosed under this part without the express written permission of the person providing it to EPA.

(2) For purposes of this paragraph, "privileged or confidential information" means information which an agency is authorized (but not required) by law to withhold from the public and which is either:

(i) Submitted to EPA pursuant to, and in reliance on, a pledge of confidentiality contained in any EPA form, or obtained in writing from EPA; or

(ii) Received from a State or Federal agency which in turn has received the information pursuant to, and in reliance on, a pledge of confidentiality, and which continues to consider itself bound by such pledge (unless EPA is entitled by law to demand such information from the original private source).