40 C.F.R. § 2.101

Where to file requests for records

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(a) Requesters must submit all requests for records from EPA under the FOIA in writing and by one of the following methods:

(1) EPA's FOIA submission website, linked to at www.epa.gov/foia;

(2) An electronic government submission website established pursuant to 5 U.S.C. 552(m), such as FOIA.gov;

(3) U.S. Mail sent to the following address: National FOIA Office, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW (2310A), Washington, DC 20460; or

(4) Overnight delivery service to National FOIA Office, U.S. Environmental Protection Agency, 1200 Pennsylvania NW, Room 7309C, Washington, DC 20460.

(b) EPA will not treat a request submitted by any method other than those listed in § 2.101(a) as a FOIA request, and the Agency will not re-route such a request.

(c) The requester or requester organization must include the full name of their point of contact and their mailing address for EPA to process the request. For all requests, requesters should provide an email address and daytime telephone number whenever possible. For requests submitted through EPA's FOIA submission website or as provided by an electronic government submission website established pursuant to 5 U.S.C. 552(m), requesters must include an email address. For requests submitted through U.S. Mail, the requester must mark both the request letter and envelope “Freedom of Information Act Request.”

(d) EPA provides access to all records that the FOIA requires an agency to make regularly available for public inspection and copying. Each office is responsible for determining which of the records it generates are required to be made publicly available and for providing access by the public to them. The Agency will also maintain and make available for public inspection and copying a current subject matter index of such records and provide a copy or a link to the respective website for Headquarters or the Regions. Each index will be updated regularly, at least quarterly, with respect to newly-included records.

(e) All records created by EPA on or after November 1, 1996, which the FOIA requires an agency to make regularly available for public inspection and copying, will be made available electronically through EPA's website, located at http://www.epa.gov, or, upon request, through other electronic means. EPA will also include on its website the current subject matter index of all such records.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1980–2022 · leading case: Pub. Interest Rsch. Grp. of New Jersey, Inc. v. Hercules, Inc., 830 F. Supp. 1549 (D.N.J. 1993).

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Pub. Interest Rsch. Grp. of New Jersey, Inc. v. Hercules, Inc., 830 F. Supp. 1549 (D.N.J. 1993). “See 40 C.F.R. §§ 2.101 ; 122.7; 122.41(j), (i); 122:44(1); see also 33 U.”

Puerto Rico Campers' Ass'n v. Puerto Rico Aqueduct & Sewer Auth., 219 F. Supp. 2d 201 (D.P.R. 2002). “See 40 C.F.R. §§ 2.101 ; 122.7; 122.41Q), (i); 122.”

Nat. Resources Def. Council, Inc. v. Texaco Refining & Mktg., Inc., 2 F.3d 493 (3rd Cir. 1993). “See 40 C.F.R. §§ 2.101 ; 122.7; 122.41(j), (l); 122.”

Citizens for Responsibility & Ethics in Washington v. Env't Prot. Agency (D.D.C. 2022). · cites it 11× “See 40 C.F.R. § 2.101 ; 84 Fed. Reg. at 30030, 30032–33.”

Associated Gen. Contractors v. United States Env't Prot. Agency, 488 F. Supp. 861 (D. Nev. 1980). “EPA policy favors the fullest possible disclosure of records to the public, consistent with the rights of individuals to privacy, 40 CFR § 2.101 (a). However, we feel that disclosure of intimate personnel information pursuant to a general request which contains no evidence of…”

— 40 C.F.R. § 2.101(a) — 1 case

Citizens for Responsibility & Ethics in Washington v. Env't Prot. Agency (D.D.C. 2022). “See 40 C.F.R. § 2.101 ; 84 Fed. Reg. at 30030, 30032–33.”

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