40 C.F.R. § 2.103

Responsibility for responding to requests

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(a) In general. Upon receipt of a FOIA request under § 2.101(a), the National FOIA Office will assign the request to an appropriate office within the Agency for processing. To determine which records are within the scope of a request, an office will ordinarily include only those records in the Agency's possession as of the date that the Agency begins its search. The Agency will inform the requester if any other date is used.

(b) Authority to issue final determinations. The Administrator, Deputy Administrators, Assistant Administrators, Deputy Assistant Administrators, Regional Administrators, Deputy Regional Administrators, General Counsel, Deputy General Counsels, Regional Counsels, Deputy Regional Counsels, and Inspector General or those individuals' delegates, are authorized to make determinations required by 5 U.S.C. 552(a)(6)(A).

(c) Authority to grant or deny fee waivers or requests for expedited processing. EPA's Chief FOIA Officer or EPA's Chief FOIA Officer's delegates are authorized to grant or deny requests for fee waivers or requests for expedited processing.

(d) Consultations and referrals. When a request to EPA seeks records in EPA's possession that originated with another Federal agency, the EPA office assigned to process the request shall either:

(1) In coordination with the National FOIA Office, consult with the Federal agency where the record or portion thereof originated and then respond to the request, or

(2) With the concurrence of the National FOIA Office, refer any record to the Federal agency where the record or portion thereof originated. The National FOIA Office will notify the requester whenever all or any part of the responsibility for responding to a request has been referred to another agency.

(e) Law enforcement information. Whenever a requester makes a request for a record containing information that relates to an investigation of a possible violation of law and the investigation originated with another agency, the assigned office, with the concurrence of the National FOIA Office, will refer the record to that other agency or consult with that other agency prior to making any release determination.

(f) Assigning tracking numbers. EPA may assign multiple tracking numbers to a FOIA request that contains unrelated parts that will be processed separately by multiple regions or headquarters program offices.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2018–2022 · leading case: Citizens for Responsibility & Ethics in Washington v. Env't Prot. Agency (D.D.C. 2022).

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Citizens for Responsibility & Ethics in Washington v. Env't Prot. Agency (D.D.C. 2022). · cites it 14× “See 40 C.F.R. § 2.103 (a). According to the EPA, this revision was designed to “minimize the number of misdirected requests sent to the Agency” and “to address” a provision of the 2007 FOIA statutory amendments that “decreased the amount of time an agency may take to route a…”

Lipton v. United States Env't Prot. Agency (D.D.C. 2018). “” 40 C.F.R. § 2.103 (a). Since a record must have been released under § 552(a)(3) to qualify for publication under the reading-room provision, information not yet generated at the time of the search is not subject to the reading-room provision.”

Lipton v. U.S. Envtl. Prot. Agency, 316 F. Supp. 3d 245 (D.C. Cir. 2018). “" 40 C.F.R. § 2.103 (a). Since *252 a record must have been released under § 552(a)(3) to qualify for publication under the reading-room provision, information not yet generated at the time of the search is not subject to the reading-room provision.”

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