EPA Part 2 Section 103
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 2--PUBLIC INFORMATION--Table of Contents
Subpart A--Procedures for Disclosure of Records Under the Freedom
of Information Act
Sec. 2.103 Responsibility for responding to requests.
(a) In general. Except as stated in paragraphs (c), (d), (e), and
(f) of this section, the EPA office that has possession of that record
is the office responsible for responding to you. In determining which
records are within the scope of a request, an office will ordinarily
include only those records in its possession as of the date the request
was received in the Headquarters or Regional FOI Office. If any other
date is used, the office will inform you of that date.
(b) Authority to grant or deny requests. The head of an office, or
that individual's designee, is authorized to grant or deny any request
for a record of that office or other Agency records when appropriate.
(c) Authority to grant or deny fee waivers or requests for
expedited treatment. The head of the Headquarters FOIA Office and
Regional FOI Officers, or their designees, are authorized to grant or
deny fee waivers or requests for expedited treatment.
(d) Consultations and referrals. When a request to EPA seeks
records in its possession that originated with another Federal agency,
the EPA office receiving the request shall either:
(1) Consult with the Federal agency where the record or portion
thereof originated and then respond to your request, or
(2) Direct the FOI Office to refer your request to the Federal
agency where the record or portion thereof originated. Whenever all or
any part of the responsibility for responding to a request has been
referred to another agency, the FOI Office will notify you accordingly.
(e) Law enforcement information. Whenever a request is made for a
record containing information that relates to an investigation of a
possible violation of law and was originated by another agency, the
receiving office will either direct the FOI Office to refer the request
to that other agency or consult with that other agency prior to making
any release determination.