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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. $ 1.35 Office of the Assistant Adminis

trator for Research and Monitoring. The Assistant Administrator for Research and Monitoring is the principal science adviser to the Administrator. He is responsible for the development, direction, and conduct of a national research program in pollution control technology. The Assistant Administrator for Research and Monitoring provides direct supervision to the activities of Agency laboratories engaged in national or basic research. Technical policy direction to

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 Re- search Laboratories are under the supersearch, is responsible for planning, de- vision of the Assistant Administrator for veloping, implementing, coordinating, Research and Monitoring. These instaland evaluating a comprehensive Agency lations and their primary areas of reresearch program, utilizing both internal sponsibilities are as follows: and extramural capabilities, to serve as (a) National Environmental Research a basis for achieving maximum effective- Center-Research Triangle Park, N.C. ness in environmental protection and to (health effects research); provide a sound scientific basis for the (b) National Environmental Research Agency's program operations. The Office Center-Cincinnati, Ohio (pollution conassures that research goals and relative trol technology and engineering repriorities are appropriately identified search); and pursued. The Office establishes (c) National Environmental Research specific research requirements for the Center—Corvallis, Oreg. (ecological sysoverall in-house, grant, and contract

tems research); and programs responsive to the needs of (d) The Western Envronmental ReAgency operating programs and activi- search Laboratory at Las Vegas, Nev. ties. It provides technical direction of (radiation effects research). Agency laboratory staffs in their conduct of research projects. It assists the pro- PART 2- PUBLIC INFORMATION gram operating offices in assuring that

Sec. research results are translated into op- 2.100 Scope. erational solutions to environmental 2.101 General policy. problems. The Office coordinates the 2.102 Procedures applicable to the public. Agency research program with environ- 2.103 Agency procedures in response to mental research programs of other gov


2.104 Duties of responsible EPA office. ernmental agencies, industry, universi

2.105 Exemptions. ties, and other private and public insti

2.106 Determinations by the Office of the tutions, and provides for international

General Counsel a Regional research programs and coordination.


2.107 Determinations by the Office of PubSubpart C-Field Installations

lic Affairs. & 1.41 Regional offices.

2.107a Trade secrets and privileged or conii.

dential information. Regional offices are headed by Re- 2.108 Creation of records. gional Administrators who are respon- 2.109 Denial of requests for records. sible to the Administrator for the execu

2.110 copies of documents. tion of the regional programs of the

2.111 Payment. Agency within the boundaries of their AUTHORITY: The provisions of this Part 2 regions. The Regional Administrators Issued under 5 U.S.C. 552, as amended by serve as the Administrator's principal

Public Law 90–23. representatives in the regions in contacts

SOURCE: The provisions of this Part 2 apand relationships with Federal, State,

pear at 36 F.R. 23058, Dec. 3, 1971, unless

otherwise noted. interstate and local agencies, industry, academic institutions, and other public 8 2.100 Scope. and private groups. They are responsible for accomplishing national program ob

This part establishes procedures for jectives within their regions as estab

the Environmental Protection Agency

(EPA) to implement the provision of the lished by the Administrator, Deputy Administrator, Assistant Administrators,

Administrative Procedure Act (5 U.S.C.

552(a) (3)) relating to the availability and heads of Headquarters staff offices.

to the public of identifiable records conThey develop, propose, and implement

tained in agency files, and not published an approved regional program for com- in the FEDERAL REGISTER. This part is prehensive and integrated environmental applicable to all EPA components, inprotection activities.

cluding all EPA regional offices, field in$ 143 National Environmental Research

stallations and laboratories. Centers and the Western Environ. 8 2.101 General policy. mental Research Laboratory.

It is the policy of EPA to make the National Environmental Research

fullest possible disclosure of information Centers and their "satellite" laboratories to any person who requests information, and the Western Environmental Re- without unjustifiable expense or delay. Where information is exempt under 5 noted thereon) to the EPA Office of Pub. U.S.C. 552(b) from mandatory dis- lic Affairs. In the event the office receivclosure, the EPA Office of Public Affairs ing the request is not the office responsimay, pursuant to $ 2.107, order dis- ble for maintaining the records requested, closure in the public interest, unless such the request shall be forwarded imdisclosure is prohibited by law.

mediately to the office having such

responsibility. $ 2.102 Procedures applicable to the public.

§ 2.104 Duties of responsible EPA office. (a) Form of request. A request need Within 10 working days after receipt not be in any particular form, but it (1) of a request for records, the EPA office must be in writing, and (2) must describe responsible for maintaining the records the records sought with sufficient spec- requested will: ificity to permit identification.

(a) Obtain, or ascertain the location (b) Place of request. A request for of, the records requested, and, unless a records may be filed with the EPA Office determination pursuant to $ 2.106 is reof Public Affairs, 401 M Street SW., quired, inform the requesting party of Washington, D.C. 20460, or with any where the records may be inspected and, other EPA office. Requests for records if ascertainable, of the charge for furlocated in the indicated States may be nishing copies; or filed with the following EPA Regional (b) Inform the requesting party that Offices:

the search for the requested records is (1) Region I. (Massachusetts, Connecticut,

continuing, and advise him of the anticMaine, New Hampshire, Rhode Island,

ipated date of completion of the search, Vermont), Room 2303, John F. Kennedy and of any necessary subsequent exten

Federal Building, Boston, Mass. 02203. sions of such date, at which time (but (2) Region II. (New Jersey, New York, in no event later than 30 days after

Puerto Rico, Virgin Islands), Room 847, receipt of a request for records) the 26 Federal Plaza, New York, NY 10007.

provisions of the appropriate paragraph (3) Region III. (Delaware, Maryland, Penn

of this section will be promptly followed; sylvania, Virginia, West Virginia, District

or of Columbia), Post Office Box 12900, Philadelphia, PA 19108.

(c) Inform the requesting party that (4) Region IV. (Alabama, Florida, Georgia,

the records sought are in the possession Kentucky, Mississippi, North Carolina, of another Government agency; refer the South Carolina, Tennessee), Suite 300, 1421 request to the office in such other agency

Peachtree Street NE., Atlanta, GA 30309. where the records may be found; and (5) Region V. (Illinois, Indiana, Michigan,

notify the requesting party of such reMinnesota, Ohio, Wisconsin), 1 North

ferral; or Wacker Drive, Chicago, IL 60606.

(d) Inform the requesting party that (6) Region VI. (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 1114 Com

the records requested do not exist, to the merce Street, Dallas, TX 75202.

best knowledge of the receiving office; or (7) Region VII. (Iowa, Kansas, Missouri,

(e) Inform the requesting party that Nebraska), Room 702, 911 Walnut Street, the records requested have been pubKansas City, MO 64106.

lished in the FEDERAL REGISTER, or in any (8) Region VIII. (Colorado, Montana, North other generally available publication,

Dakota, South Dakota, Utah, Wyoming), and furnish the citation to such publicaRoom 9041, Federal Office Building, 19th

tion and the place or places where it may and Stout Streets, Denver, CO 80202.

be obtained; or (9) Region IX. (Arizona, California, Hawaii, Nevada, American Samoa, Guam, Trust

(f) Inform the requesting party that Territories of Pacific Islands, Wake Island),

disclosure of all or part of the records 760 Market Street, San Francisco, CA 94102. requested is under review pursuant to (10) Region X. (Alaska, Idaho, Oregon, § 2.106, and promptly forward the reWashington), 1200 Sixth Avenue, Seattle,

quest in accordance therewith: Provided, WA 98101.

That with respect to any part of the 8 2.103 Agency procedures in response records requested which is not subject to request.

to review pursuant to $ 2.106, action shall Within 10 working days after receipt of be taken promptly under the appropriate a request for records by an EPA office paragraph of this section; or other than the Office of Public Affairs, (g) Furnish such other information such office will forward a copy of the re- or take such other action as is approquest (with the date and place of receipt priate; and

(h) Advise the EPA Ofice of Public 8 2.106 Determinations by the Office of Affairs of the action taken.

the General Counsel or a Regional

Counsel. & 2.105 Exemptions.

(a) General. Not later than 10 work(a) Exempt information. information. Records

ing days after receipt of a request for a may be exempt from disclosure, pursu

determination, the Office of the General ant to 5 U.S.C. 552(b), when they per

Counsel or Regional Counsel: tain to matters that are:

(1) Will advise the office requesting (1) Specifically required by Executive

the determination to release the records order to be kept secret in the interest of

requested, if no exemption pursuant to the national defense or foreign policy;

5 U.S.C. 552(b) is found applicable; or (2) Related solely to the internal per

(2) Will advise the office requesting sonnel rules and practices of an agency;

the determination not to release the (3) Specifically exempted from dis

records requested, if disclosure is proclosure by statute;

hibited by law; or (4) Trade secrets and commercial or

(3) Will, if it is found that an exfinancial information obtained from a

emption pursuant to 5 U.S.C. 552(b) is person and privileged or confidentia

applicable, but that disclosure is not (5) Interagency or

intra-agency prohibited by law, forward to the EPA memorandums or letters which would

Office of Public Affairs the entire file, not be available by law to a party other

with an opinion as to the applicability than an agency in litigation with the

of a statutory exemption; and, agency;

(4) Will, if the information con(6) Personnel and medical files and

tained in the requested records was obsimilar files the disclosure of which

tained from a person other than EPA, would constitute a clearly unwarranted

advise such other person of the action invasion of personal privacy;

taken pursuant to this section. (7) Investigatory files compiled for

(b) Consultation. A determination by law enforcement purposes except to the a Regional Counsel under paragraph extent available by law to a party other

(a) of this section will be made only than an agency;

after consultation with the Office of the (8) Contained in or related to exami

General Counsel. nation, operating, or condition reports prepared by, on behalf of, or for the use

$ 2.107 Determinations by the Office of of an agency responsible for the regula

Public Affairs. tion or supervision of financial institu- Not later than 10 working days after tions; or

receipt of an opinion from the Office (9) Geological and geophysical infor- of the General Counsel or a Regional mation and data, including maps, con- Counsel pursuant to $ 2.106(a)(3) as to cerning wells.

the applicability of an exemption under (b) Procedures. The office responsible 5 U.S.C. 552(b), the Office of Public for maintaining the records requested Affairs will determine whether the recwill make a preliminary evaluation to ords requested should be made available determine whether they are exempt from in the public interest, notwithstanding mandatory disclosure pursuant to 5 the applicability of an exemption, and U.S.C. 552(b). Whenever it is determined will that the records requested are or may (a) Order the disclosure of the recbe exempt, such office will promptly for- ords requested, or ward a copy or a description of the rec

(b) Notify the requesting party in acords requested, together with a brief

cordance with $ 2.109 that the records statement of its position with reference

requested will not be disclosed. to the applicability of an exemption, and $ 2.107a Trade secrets and privileged or & request for a determination, to the confidential information. Office of the General Counsel at EPA (a) Trade secrets. (1) In the event headquarters, or to the Regional Counsel records requested under this part may for the region in which the records are contain trade secrets, the office responlocated, and, if the information con- sible for maintaining the records retained in the records requested was ob- quested will forward the request for detained from a person other than EPA, termination and accompanying matewill give notice of the request to such rials referred to in $ 2.105(b) only to the other person.

Office of General Counsel, and the notice referred to in $ 2.105(b), unless pub- the mailing of such notice, the requested lished in the FEDERAL REGISTER, will be records will be disclosed in accordance sent by certified mail (return receipt re- with this part. quested): Provided, That notice under (3) In the event a timely claim is made § 2.105(b) need not be given if similar under subparagraph (2) of this paranotice was given prior to referring the graph, the time limits specified in $$ 2.matter to the Office of General Counsel. 106(a) and 2.109(b) will not apply. In

(2) If a person to whom notice of a re- addition, the time limit specified in $ for records has been given under 106(a) will be extended to include the $ 2.105(b), or otherwise, advises the Office time required for the prompt inquiries of General Counsel, in writing, prior to by the Office of General Counsel, rethe expiration of 10 working days follow- ferred to in subparagraph (2) of this ing the receipt or publication of such paragraph. notice, that the requested records con- (4) On request of an interested party, tain trade secrets furnished by such per- the General Counsel may issue written son, the portions of such records said to determinations as to whether specified contain trade secrets shall not be dis- information contained in EPA records closed, nor copies provided, unless the does or does not constitute trade secrets, General Counsel shall first have made a whether or not a request for informafinal written determination that such tion has been made under this part. In records do not in fact contain trade se- the event a request is subsequently made crets, or unless such disclosure is author- under this part for information previized by statute in spite of the provisions ously so determined to constitute trade of 18 U.S.C. 1905. In the event no claim secrets, EPA will be bounů by that preor other response is received by the Of- vious determination, unless the General fice of General Counsel prior to the ex- Counsel: (i) Determines that subsequent piration of the 10 working days specified events have destroyed the trade secrecy herein, it will, before reaching a deter- of the information in question, and (ii) mination with respect to trade secrecy,

gives written notice of such determinamake prompt inquiries to ensure that tion, and a full explanation of the basis the absence of a response hereunder is therefor, to any person making a claim not attributable to delay or failure of under subparagraph (2) of this parathe mails. A claim, including a claim as- graph. serted by telephone, made at the time of (b) Privileged or confidential inforsuch inquiries and confirmed in writing mation. (1) Privileged or confidential inwill be considered timely for purposes

formatior. (other than trade secrets or of subparagraph (3) of this paragraph. financial information the disclosure of The Office of General Counsel will which is prohibited by 18 U.S.C. 1905), promptly notify the requesting party which is referred to in 5 U.S.C. 552(b) (4) whenever a claim is made under this and $ 2.105 (a) (4), and defined in subsubparagraph. In making a determina- paragraph (2) of this paragraph, will not tion under this subparagraph, the Gen- be disclosed under this part without the eral Counsel will consider any additional express written permission of the person information submitted to the Office of providing it to EPA. General Counsel within 30 days of receipt (2) For purposes of this paragraph, of a claim made hereunder, or within "privileged or confidential information" such longer time period requested by the means information which an agency is claimant or the requesting party as it authorized (but not required) by law to may agree to. If authorized by 5 U.S.C. withhold from the public and which is 552(b) (4), the Office of General Counsel either: may agree to treat any such additional (i) Submitted to EPA pursuant to, and information as confidential at the re- in reliance on, a pledge of confidentiality quest of the person submitting it, in contained in any EPA form, or obtained which case it will not be disclosed with- in writing from EPA; or out the express written permission of the (ii) Received from a State or Federal person submitting it. If the General agency which in turn has received the Counsel determines that the records re- information pursuant to, and in reliquested do not contain trade secrets, no- ance on, a pledge of confidentiality, and tice of such determination will be served which continues to consider itself bound by certified mail by the Office of Gen- by such pledge (unless EPA is entitled by eral Counsel upon the person making the law to demand such information from claim. No sooner than 30 days following the original private source).

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