ENVIRONMENTAL
PROTECTION        TRANSMITTAL
AGENCY
Addressee
                                                         1550.IB
                                                      May 13, 1975
              PUBLIC AFFAIRS - FREEDOM OF INFORMATION PROGRAM
MATERIAL TRANSMITTED:

   EPA Order 1550.IBj Freedom of Information Procedures
MATERIAL SUPERSEDED:
   None
FILING INSTRUCTIONS:

   File the attached material in numerical order in a Ji^ree-ring binder
   established for the EPA Directives System.
                                Howard M. Messner
                          Deputy Assistant Administrator
                                for Administration
Dist: Directives

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ENVIRONMENTAL

PROTECTION                ORDER                   15501B

AGENCY
                                                              May 13, 1975

	PUBLIC AFFAIRS  - FREEDOM OF INFORMATION PROGRAM    	

                       FREEDOM  OF INFORMATION PROCEDURES
   1.  PURPOSE.  This Order  establishes policy and procedures  for imple-
   menting the Freedom of  Information Act, as amended (5 U.S.C.  552), relating
   to the availability to  the  public of identifiable and unpublished records
   contained in EPA files.   It  supplements the EPA regulations set  forth in
   Part 2, Title 40,  Code  of Federal Regulations.  For additional information,
   refer to the regulation attached at Figure 1.

   2.  POLICY.  It is Agency policy to make the fullest possible disclosure
   of information without  unjustifiable expense or delay to any  person who
   requests information subject to the other provisions of this  Order.

   3.  COVERAGE.  Any written  request to EPA for existing records is con-
   sidered to be a request for  records pursuant to the Freedom of Information
   Act, 5 U.S.C. 552, whether  or not that statute is mentioned in the request.
   Requests for existing records prepared by EPA for routine public distri-
   bution, e.g., pamphlets,  copies of speeches, press releases,  and edu-
   cational materials, will  be  honored automatically.  An individual deter-
   mination is not necessary in such cases, since preparation  of the records
   for routine public distribution itself constitutes a determination that
   the records are available to the public.  Consequently, the detailed pro-
   cedures in this Order apply  to written requests for existing  records which
   are not available for routine public distribution.

   4.  DESIGNATIONS.   The  following designations are made with respect to
   implementation of the Freedom of Information Act.  Explanations  of specific
   responsibilities associated  with each designation are included in the
   sections on procedures.

       a. 'Freedom of Information Officer.  The Executive Officer,  Office of
   the Administrator, is designated as the Agency Freedom of Information
   Officer.  Each Regional Administrator will designate a Regional  Freedom
   of Information Officer  responsible for his particular region.
Dist:  Directives Distribution                                         Initiated by:
                                                                       PM-213

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                                          ORDER
                                                             1550.IB
                                                          May 13,  1975
    b.  Responsible Official.  The authority to make positive determinations
tbx release information, waive payment of fees, or extend the date for
mailing a determination is delegated to the Division Director.level, unless
otherwise reserved by a higher official.  The authority to make negative
determinations is hereby delegated to the:

        (1)  Deputy Administrator;

        (2)  Assistant Administrators;

        (3)  Deputy Assistant Administrators;

        (4)  Heads of Headquarters Staff Offices;

        (5)  Regional Administrators; and

        (6)  Deputy Regional Administrators.

This authority is not redelegable.

    c.  Appeal Officials.  The General Counsel is designated as the Agency
Official responsible for making legal determinations on written appeals
from negative determinations made by Headquarters or regional officials.
He may delegate this duty to a Regional Counsel in connection with any
category of appeals or any individual appeal.  The Director, Office of
Public Affairs, is responsible for reviewing those appealed determinations
where the General Counsel has ruled the information withholdable but not
required legally to be withheld.  The Administrator is responsible for
the final appeals determination whenever the Office of Public Affairs and
the responsible official do not agree on the release of information that
legally may be withheld.

5.  PROCEDURES FOR ROUTING REQUESTS.

    a.  Correspondence Marked "Freedom of Information" on the Envelope.
Correspondence marked "Freedom of Information" on the envelope will be
delivered directly to Executive Communications or to the regional Freedom
of Information Office, where it will be date stamped, assigned a Request
Identification Number, and logged in as a Freedom of Information request.
Executive Communications or the appropriate regional staff will complete
EPA Form 5180.1, Mail Control Schedule, and hand carry or telecopy the
correspondence to the office responsible for preparing the reply.  In the
event that more than one office will be providing input to the reply,
Executive Communications or the regional Freedom of Information Office
will designate a lead office to coordinate the reply.

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                                         ORDER
                                                             1550.IB
                                                         May 13, 1975
    b.  Correspondence Addressed to an Organizational Unit or Official.
If an organizational unit or EPA official receives correspondence directly
which is identified as a Freedom of Information Request within the meaning
of paragraph 3 of this Order, the correspondence will be date stamped upon
receipt and the procedure for determining whether the information can be
provided will commence immediately.  Concurrently, the office will forward
a copy of the request, with the date and place of receipt noted thereon,
to Executive Communications or the regional Freedom of Information Office,
whichever the case may be.  If the correspondence is not addressed to the
appropriate office, the receiving office will record the date of receipt
and hand carry or telecopy the correspondence to Executive Communications
or the regional Freedom of Information Office for proper routing.

    c.  Unless there is a predetermined positive determination, Executive
Communications or the regional Freedom of Information Office will send an
acknowledgment of receipt of the correspondence to the requesting party
immediately after logging the correspondence into the Agency.  This
acknowledgment, EPA Headquarters Form 1550-2 or EPA Form 1550-3, Figure 2,
will inform the requesting party of the date of receipt by EPA.

6.  PROCEDURES FOR RESPONDING.

    a.  Upon receipt of a Freedom of Information request, the responsible
official will immediately initiate an effort to obtain or locate the
records requested and within ten (10) working days of the stamped date will:

        (1)  Obtain or ascertain the location of the records requested,
and if the charge for furnishing the information  (see paragraph 11) would
be less than $25 or less than the amount authorized in the request, furnish
the information and/or notify the requestor that the information will be
furnished as promptly as possible; or

        (2)  If the fee would be greater than $25 or greater than the
amount authorized in the request, immediately inform the requesting party
(by telephone if possible) of the expected charge and the requirement that
the requesting party authorize such a charge before the search can be
ccrtinued or the information furnished; or

        (3)  Inform the requesting party that the records sought are in
the possession of another Federal agency; refer the request to the
appropriate office in such other agency; and notify the requesting party
of such referral; or
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                                          ORDER
                                                             1550.IB
                                                          May 13,  1975
        (4)  Inform the requesting party that the records requested do not
exist, to the best knowledge of the receiving office; or

        (5)  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 of such publication and the place or
places where it may be obtained; or

        (6)  Make a determination not to release all or part of the infor-
mation requested (see paragraphs 7 and 8 of this Order for detailed
guidance); or

        (7)  Inform the requesting party by written notice that an extension
as described in paragraph 8 of this Order is necessary and advise the party
of the anticipated date of determination (no more than twenty (20) working
days after the receipt of the request for the records), at which time the
provisions of this Order will be promptly followed; and

        (8)  Inform Executive Communications or the regional staff of the
action taken.

    b.  If the description of the records sought in the request is not
reasonably sufficient to identify and locate the requested records, the
responsible official will notify the requestor (by telephone, if possible)
of the problem and assist the requestor in formulating his request.

    c.  If the requestor walks into an office to request records and:

        (1)  The requested record is readily available, provide the re-
questor with the information subject to the payment requirements of this
Order; or

        (2)  The office is unable to accommodate the "walk-in" requestor
at that particular time due to unavoidable staff constraints, set up a
return appointment; or

        (3)  The request will require extensive search time, the requestor
may be asked to put his request in writing and the request will then be
processed according to procedures of any other written request.

    d.  Generally, the responsible official has ten (10) working days from
the date of receipt by the Freedom of Information Officer in Executive
Communications or the regional Freedom of Information Office in which to
issue a written determination to the requestor stating which of the requested
records will and which will not be released together with the reason for

PAR 6                              -4-

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                                          ORDER
                                                               1550.IB
                                                         May  13,  1975
any denial of a request.   (A written determination is not necessary if
within that ten (10) day period all requested records are actually
furnished to the requestor).  Extensions .of this time limit are discussed
in paragraph 8 of this Order.  The time involved in the following two
situations will uot be counted towards the ten (10) day period:

        (1)  Any time which elapses between the time that a requestor is
notified by the responsible official that his request does not reasonably
identify the records sought and the time that the requestor furnishes a
reasonable identification; and

        (2)  Any time which elapses between the time that a requestor is
notified by the responsible official that processing his request will
generate chargeable fees and the time that the requestor makes suitable
arrangements for payment for such charges.

7.  CRITERIA FOR MAKING NEGATIVE DETERMINATIONS.

    a.  Nine categories of matters which are exempt from the mandatory
disclosure requirements of the Act are:

        (1)  Matters that are specifically authorized under criteria esta-
blished by an Executive Order to be kept secret in the interest of national
defense or foreign policy and are in fact properly classified pursuant to
such Executive Order;

        (2)  Matters that are related solely to the internal personnel
rules and practices of EPA;

        (3)  Matters that are specifically exempted from disclosure by
statute;

        (4)  Matters that are trade secrets and commercial or financial
information obtained from a person and privileged  or confidential;

        (5)  Matters that are 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)  Matters concerning personnel and medical  files and similar
files the disclosure of which would constitute a clearly unwarranted
invasion of personal privacy;
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                                                               1550. IB

                                                          May 13, 1975
        (7)  Matters that are investigatory records compiled for law enforce-
ment purposes, but only to the extent that the production of such records
would:

             (a)  Interfere with enforcement proceedings;

             (b)  Deprive a person of the right to a fair trial or an
impartial adjudication;

             (c)  Constitute an unwarranted invasion of personal privacy;

             (d)  Disclose the identity of a confidential source and, in
the case of a record compiled by a criminal law enforcement authority in the
course of a criminal investigation, or by an agency conducting a lawful
national security intelligence investigation, confidential information
furnished only by the  confidential source;

             (e)  Disclose investigative techniques and procedures; or

             (f)  Endanger the life or physical safety of law enforcement
personnel.

        (8)  Matters that are 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)  Matters that are geological and geophysical information and
data, including maps,  concerning wells.

    b.  Consistent with EPA policy, responsible officials will release
requested records despite the applicability of the exemptions listed in
subparagraph 7a(2),  (5), (7), (8), or. (9) unless there exists a compelling
reason for withholding the records.  They must also provide .any reasonably
segregable portion of  a record to a requestor after deletion of the
portions which are exempt.

    c.  Responsible officials may also have to deny a request because
the record requested is not known to exist or the record is not in EPA's
possession.  In such cases, denials are not supported by statute, but for
practical reasons, must suffice for an. initial determination.  The respon-
sible official making  the negative determination will be held accountable
for his decision, and  search for the records should continue on the
assumption that the negative determination will be appealed.


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                                          ORDER
                                                             1550.IB
                                                          May 13,  1975
8.  PROCEDURES FOR MAKING NEGATIVE DETESMINATIONS are as follows:

    a.  If the responsible official, within ten (10) working days of the
stamped receipt date, determines that all or part of the requested records
will not be provided, he will:

        (1)  Personally contact the Director of the Office of Public
Affairs or her designee, to discuss the impact of the negative deter-
mination on EPA's relationships with the public; and if the responsible
official still makes a determination to withhold information, such official
will .notify the requesting party in writing that all or part of the request
has been denied.

        (2)  In preparing the written denial, cite the section in Part
2, Title 40, CFR which provides the statutory basis for nondisclosure
and specify the name(s) and title(s) or position(s) of the person(s)
responsible for the denial.  The denial letter1 must state that the
individual has thirty (30) days after receipt of the denial to make an
administrative appeal,-.addressed to the EPA Freedom of Information
Officer, A-101, U. S. Environmental Protection Agency, 401 M Street, S.W.,
Washington, D.C., 20460.  Figure 3 shows a sample written denial letter.

    b.  The official signing the negative determination will notify Exec-
utive Communications or the regional staff, as appropriate, of the action
taken.  The Headquarters official making the negative determination or
the regional staff will immediately forward to Executive Communications a
copy of the request for information, a copy of the negative determination,
a sample or description of the records being withheld, and any other
appropriate correspondence.  This will s.erve to alert the EPA Freedom of
Information Officer of a possible appeal.

9.  EXTENSION OF DATE OF DETERMINATIONS.

    a.  The official responsible for processing a request for information
may extend the time limit for making the initial determination for up to
ten (10) additional working days in the unusual circumstances listed in (b)
below.  The EPA Freedom of Information Officer also may extend the time
limits for processing an administrative appeal for the remainder of the
ten (10) working days that were not used in the initial determination
process for the reasons listed in (b) below.  The combined extensions for
the initial determination and the appeals process cannot exceed a total
of ten (10) working days.
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                                           ORDER
                                                               1550.IB
                                                           May 13,  1975
     b.   The following unusual circumstances are the only criteria for
 issuing notice of an extension.

         (1)  The need to search for and collect the requested records from
 field facilities or other establishments that are physically distant from
 the office processing the request; or

         (2)  The need to search for, collect, and appropriately examine a
 voluminous amount of separate and distinct records which are demanded in
 a single request; or

         (3)  The need for consultation, which shall be conducted with all
 practicable speed, with another agency having substantial interest in a
 determination or among two or more components in EPA having substantial"
 subject-matter interest therein.

     c.   The official responsible for authorizing an extension must send a
 written notice to the requesting party setting forth the reasons for such
 an extension and the date on which either the initial determination or
 appeal  decision is expected to be dispatched; and

     d.   The responsible official also will notify Executive Communications
 or the  regional staff, as appropriate, of the action taken.

10.  ADMINISTRATIVE APPEAL.

     a.   Within thirty (30) days after the receipt of copies of records or
 a written denial of a request for information from an EPA office, a re-
 questor may appeal the decision.

     b.   EPA has twenty (20) working days in which to make a final deter-
 mination on an appeal.  Because of the importance of time in this process,
 all appeals will be date stamped upon receipt by Executive Communications;
 and the EPA Freedom of Information Officer will hand carry the appeal along
 with copies of the original request, the initial denial, and the infor-
 mation  requested or descriptive samples thereof to the General Counsel
 or the  appropriate Regional Counsel, if authority has been redelegated.

         (1)  The General Counsel or the appropriate Regional Counsel will
 review  the appeal, the submitted case material and any additional material
 he may  require; and then render a legal opinion on the applicability of
 the exemptions to the material withheld.
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                                          OPDER
                                                             1550.IB
                                                          May 13,  1975
    (2)  The Director, Office of Public Affairs will review those
negative determinations in which the General Counsel finds that the sub-
ject material may be withheld, but is not required by statute to be with-
held.

        (3)  In the event that the Director of the Office of Public Affairs
and the appropriate Assistant Administrator, Regional Administrator, or
Director of a Headquarters Staff Office does not agree on the release of
such information, the Administrator will make the final determination on
whether the material is to be released.

    c.  Notification of Appeal Determination.

        (1)  If the initial negative determination is not upheld, the
General Counsel will inform the requestor in writing that the requested
records will be forthcoming.

        (2)  If the initial negative determination is in whole or part
supported, the General Counsel will notify the requestor in writing of
the decision to uphold the initial negative determination and of the pro-
visions for judicial review by the district court of the United States in
the district in which the complainant resides, or has his principal place
of business, or in which the Agency records are situated, or in the District
of Columbia, and state the name and title of the official responsible for
making the negative determination.

    d.  The General Counsel will notify the EPA Freedom of Information
Officer of the action taken.

11.  CREATION OF RECORDS.  Generally, documents will not be created by com-
piling selected items from other documents at the request of a member of
the public, nor will records be created to provide the requesting party
with data such as ratios, proportions, percentages, frequency distribution,
trends, correlations, or comparisons.  The responding office will provide
the information in the form deemed most appropriate.

12.  PAYMENT.

    a.  EPA will charge fees for copies of records which are furnished to
a requestor and for time spent in locating and reproducing the records in
accordance with the fee schedule below.  Fees will not be charged for
periods of less than one-half hour spent in connection with a search for
records or computer programming.
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                                          ORDER
                                                             1550.IB
                                                          May 13, 1975
    Record Search Time	$2.50 per half hour
    In-house computer programming time . . . . .  .$4.50 per half hour
    Reproduction" of documents   .	$ .20 per page

If the information requested exists as a computer record and a printout or
tape is a means by which that information may be made available, the fee
will be the actual direct cost  of the computer system time added to any
applicable search, in-house programming, reproduction, or contract pro-
gramming costs.

    b.  Prepayment.

        (1)  The responsible office will determine as accurately as
possible the amount of  fee payment that would become due upon completion
of EPA's search and/or  copying  activities and, in the event that pending
requests for information would  require the payment of fees in excess of
$25 or the amount authorized by the requestor, will inform the requesting
party (by telephone if  possible) of the expected charge.  The $25 base-
line represents a suggested cut-off point for charging fees.  Organi-
zations can charge for  requests costing less than $25, especially if
these records are normally for  sale.

        (2)  Once the requestor has agreed to the actual or approximate
fee, and advance payment is received or acceptable payment arrangements
are made, the information to be made available will be released.

        (3)  The responsible official must keep the Freedom of Infor-
mation Officer or the regional  Freedom of Information Officer apprised
of all actions taken with respect to the payment of fee since the time
required by the requestor to agree to the fee and make the necessary
arrangements for payment is not included in the ten (10) day response
time limit.

        (4)  Payments must be made in the form of a check or money order,
made payable to the U.  S. Environmental Protection Agency and delivered
to the Freedom of Information Officer, A-101, U. S. Environmental
Protection Agency, 401  $1 Street, S.W., Washington, D.C., 20460 or the
appropriate regional Freedom of Information Officer.  The Freedom of
Information Officer will log and forward the payment to the local
Financial Management Office for deposit in the U. S. Treasury general
fund account, and notify the responsible office of the receipt of payment.

             (a)  In the event  that an advance payment is different than
the actual fee calculated on completion of the request, the responsible
office will notify the  Freedom  of Information Officer of the difference.

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                                          ORDER
                                                              1550.IB
                                                          May 13, 1975
              (b)  The Freedom of Information Officer will then direct
 the local Financial Management Office to affect the appropriate refund
 or prepare a statement of additional fees due, to be sent to the
 requestor.

 13.  WAIVER.  A responsible official may reduce or waive payment of fees
 if such a reduction or waiver is determined to be in the public interest.
 This procedure will be observed in a consistent and objective manner in
 consonance with EPA policy.  In questionable instances, the Office of
 Public Affairs or the regional public affairs unit should be consulted.

 14.  ANNUAL REVIEW.

    a.  On or before March 1 of each calendar year, EPA's Freedom of In-
 formation Act Officer will prepare an Agency report covering the preceding
 calendar year.  The report will be addressed to the Speaker of the House
 of Representatives and President of the Senate for referral to the appro-
 priate committees of the Congress.  The Freedom of Information Act Officer
 will have to compile the data elements listed below both from the Head-
 quarters and the field so that he may complete the report:

        (1)  The number of determinations made by EPA not to comply with
 requests for records and the reasons for each determination;

        (2)  The number of appeals made by persons, the result of such
 appeals, and the reason for the action upon each appeal that results in
 a denial of information;

        (3)  The name(s) and title(s) or position(2) of each person
 responsible for the initial denial of records requested and the number
of instances of participation for each;

        (4)  The results of each disciplinary proceeding conducted in-
 cluding a report of the disciplinary action taken against the officer or
employee who was primarily responsible for improperly withholding records
or an explanation of why disciplinary action was not taken;

        (5)  A copy of Agency rules regarding the Freedom of Information
Act;

        (6)  A copy of' the fee schedule and the total amount of fees
collected for making records available;
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                                          ORDER
                                                              1550.IB
                                                         May  13,  1975
        (7)  The administrative costs to EPA for complying with the pro-
visions of the Act in terms of man/years of effort expended.  (This infor-
mation is vital to the documentation of future positions to be advanced by
EPA and the Executive Branch on the effects of the Act on executive agency
workload.); and

        (8)  Other related information as may be needed.             ,;

    b.  The Freedom of Information Officer will evaluate the .information
gathered for the annual report to Congress from a management, standpoint .to
assure that EPA's actions are in congruence with the intent of the Act.
The Freedom of Information Officer may conduct evaluations of specific EPA
responses to Freedom of Information requests, as appropriate.

15.  ACCOUNTABILITY AND DISCIPLINARY ACTION.  Responsible officials will be
held individually accountable for their decisions with respect to the
release or withholding of information, the waiver of payment, and/or the
appeals process.  As provided previously, the names and titles of respon-
sible officials in certain situations will be forwarded to Congress in the
annual report.  Whenever the court orders the production of EPA records
improperly withheld from the complainant and issues a written finding that
the circumstances surrounding the withholding raise questions of whether
the responsible official acted arbitrarily or capriciously, the Civil
Service Commission will promptly initiate a proceeding to determine whether
disciplinary action is warranted.

16.  INTERNAL ASSISTANCE AND ADVICE.  Responsible officials should be
aware of the opportunity, to seek legal assistance, especially in instances
involving possible exempted material, from the Offices of General Counsel
or the Regional Counsel.  Likewise, the Headquarters Office of Public
Affairs or the regional public affairs units are available for consul-
tation when assessing the probable public response to a negative deter-
mination or deciding whether to reduce or waive fees for providing
information.

17.  REVIEW OF PROGRAM.  After a six month period of experience, the
Offices of Planning and Management and General Counsel will review the
Freedom of Information Program in terms of responsibilities, procedures,
and guidelines and make adjustments^o-the^ Order and regulation as deemed
appropriate.
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    Chapter  1,  Part  2,  Title 40,  Code  of Federal  Regulations

                                       '  cannot be reasonably  segregated from
                                         the other portions in a  manner which
                                         will allow meaningful information to be
                                         disclosed.
   Part 2 of Chapter I of Title 40 is re-
 vised to read as follows:.
   Subpart A—Interim Regulations Concerning
          Requests for Information
 Sec.
 2.100 Definitions.
 2.101 Policy on disclosure of EPA records.
 2.102  [Reserved]
 2.103 Partial disclosure of records.
 2.104 Bequest for existing records.
 2.105 Creation of new records.
 2.106  [Reserved]
 2.107 Where  requests for  agency  records
        snail be filed.
 2.108 Form of request.
 2.109 Bequests which do not reasonably de-
        scribe records sought.
 2.110 Initial  action upon receipt of a re-
        quest.
 2.111 Action by office responsible for main-
        taining requested records.
 2.112 Time allowed for Issuance of Initial
        determination.
 2.113 Initial denials of requests.
 2.114 Appeals from initial denials;  manner
        of making.
 2.115 Appeal  determinations;   by  whom
        made.
 2.116  Contents of  determination denying
        appeal.
 2.117 Time allowed for issuance of appeal
        determination.
 2.118 Exemption categories.
 2.119 Discretionary release of exempt docu-
        ments.
 2.120 Payment.
 2.121  Preparation of annual report.
           Subpart B—[Reserved]
  AUTHORITY:  5  TJ.S.C. 652,  6 U.S.C. 668.
 § 2.100  Definitions.
   For the purposes of this part:
   (a)  "EPA" means the United  States
 Environmental Protection  Agency.
   (b) "Request" means a request  for the
 release of records under 5 U.S.C. 552.
   (c) "Requestor" means any person who
 has submitted a request to EPA.
 § 2.101  Policy on  disclosure  of EPA
     records.
   (a) EPA will make the fullest possible
 disclosure of records to the public, con-
 sistent with the rights of  individuals to
privacy, the  rights of persons in trade
 secrets and other information entitled to
 confidential treatment, and the need for
 EPA to promote frank internal policy de-
liberations and to pursue its official ac-
 tivities  without undue disruption.
   (b) All EPA records shall be available
to the public unless they are specifically
exempt under this part.
   (c)  All nonexempt  records of EPA
shall be made -available for public  dis-
closure   upon  request  regardless  of
whether any  justification or  -need  for
such records has been shown.
§ 2.102  [Reserved]
§ 2.103   Partial disclosure of records..
  If. a record contains both disclosable
and nondisclosable information, the non-
disclosable information will be deleted
 and the disclosable information will be
 disclosed unless the disclosable portion*;
§ 2.104   Request for existing records.
   (a) Any written request to EPA for ex-
isting records shall  be deemed to be a
request/for records pursuant to the Free-
dom of  Information Act,  5 U.S.C.  552,
whether or not that statute is mentioned
in the request, and shall be governed by
the  provisions of this Part.
   (b)  All existing EPA records are sub-
ject to routine destruction according to
standard record retention schedules.
   (c)  Any written request to EPA for
existing  records  prepared  by EPA for
routine  public distribution, e.g., pam-
phlets, copies of speeches, press releases,
and  educational  materials,  shall  be
honored. No  individual  determination
under § 2.111 is necessary hi such cases,
since  preparation of the records for
routine public distribution itself consti-
tutes a determination that the records
are  available to the  public. Copies shall
be furnished with reasonable promptness
hi response to the request.
§ 2.105   Creation of new records.
  The Freedom of Information Act and
the  provisions of  this  part apply only
to existing records; they do not require
the creation of new records.
§ 2.106   [Reserved]
§ 2.107   Where requests for agency rec-
     ords shall be filed.
   A request for records may be filed with
the EPA Freedom of Information Officer,
A-101, 401 M Street, SW.,  Washington,
D.C.  20460. Should  the requestor have
reason to believe that the records sought
may be located  in EPA regional offices,
he should transmit his request to the ap-
propriate regional Freedom of Informa-
tion Office indicated below:
   (a)  Region  I.  (Massachusetts, Con-
necticut,  Maine, New Hampshire, Rhode
Island, Vermont):
T7.S. Environmental Protection Agency
Freedom of Information Officer
Boom 2303 .
John P. Kennedy Federal Building
Boston, Mass. 02203

   (b)  Region II. (New Jersey, New York,
Puerto Rico, Virgin Islands):
UJ3. Environmental Protection Agency
Freedom of Information Officer
Boom 1005
26 Federal Plaza
New  York, NY  10007
   (c) Region III. (Delaware, Maryland,
Pennsylvania,  Virginia, -West  Virginia,
District of Columbia):
TJJS. Environmental Protection Agency
Freedom of Information Officer       ;
Curtis Building                       •
Sixth and Walnut Streets
Philadelphia, PA 19106

  (d) Region  IV.  (Alabama, Florida,
Georgia,  Kentucky,  Mississippi,  North
Carolina, South Carolina, Tennessee):
TJJS. Environmental Protection Agency
Freedom of Information Officer
Suite 604
1421 Peach tree Street, WE.
Atlanta, OA 30309
                                    FIGURE  1
                                (Part  1* of 4)

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   (e> HegionV. (Illinois,
igan, Minnesota, Ohio, Wiscon^ffi> r
tr.S. Environmental Protection Ageaey
Freedom of Information Officer
230 Dearborn Street
Chicago, IL 60604

   (f) Region VI. (Arkansas.'
New Mexico, Oklahoma. Texas):
TJ.S. Environmental Protection Agency  .
Freedom of Information Officer
Suite  1100
1600 Patterson Street
Dallas. TX 75201

   (g) Region VII. (Iowa, SCangafl, Mis-
souri, Nebraska):
U.S. Environmental Protection
Freedom of Information office?
1735 Baltimore Avenue
Kansas City, MO 64108        ,

   (h) Region VIII. (Colorado. Montana.
North  Dakota,  South  Dakota,  Utah.
Wyoming) :
U.S. Environmental Protection
Freedom of Information Officer
Suite 900                      ;
1860 Lincoln Street           .
Denver,  CO 80203

   (1)  Region IX. (Arizona; California,
Hawaii, Nevada, American Samoa, Guam,
Trust Territories of Pacific IsJeads, Wake
Island):
tJ.S. Environmental Protection Agency
Freedom of Information Office?
100 California Street
San Francisco, CA 94111

   (j)  Region X. (Alaska, Sflaho, Oregon,
Washington):
TJ.S. Environmental Protection Agency
Freedom of Information CScep
1200 Sixth Avenue
Seattle, WA 98101

§ 2.108   Form of resjjaeea.
  A request for EPA roeords shall be in
writing, shall  reasonably describe the
records sought in a way  that will permit
their identification and location by EPA,
but otherwise need not be in any partic-
ular form. Where the requestor antici-
pates that search and duplication fees in-
volved in the request might be substan-
tial, he may wish to consider a prepay-
ment, or include a commitment to pay all
fees that may be involved or all fees up
to a stated limit (see § 2.120). Placing the
term  'Freedom of Information  Act Re-
quest" on the envelope  and letter may
well result in a speedier response.

§ 2.109  Requests which do not ransom-
    ably describe records soughs.
   (a) If the description of the records
sought in the request is not a reasonable
description  sufficient  to .allow  EPA to
identify and locate the requested records,
EPA will notify the requestor (by tele-
phone ' when practicable)  that the re-
quest cannot be further'processed until
additional information is furnished.
   (b) EPA  will make every reasonable
effort to assist in the  identification and
description of records sought, and to as-
sist the requestor'in formulating his re-
quest. If a  request Is  described in gen-
eral terms (e.g., all records having to do
with  a  certain area),  the EPA  office
(Sss3fi afesopt to communicate with the
requestor (by telephone when  practica-
ble)  with a view toward lessening  both
the administrative'burden of processing
a broad request and minimizing the fees
payabJe by. the requestor. Such attempts
will not be used as a means to discourage
requests, but rather as a means to help
identify with more specificity the records
actually sought.
§2.110  Initial action upon receipt of a
    request.
  (a) Requests received by the Freedom
of Information Offices. Each request re-
ceived by a Freedom of Information Of-
fice, whether at EPA Headquarters or at
an  EPA  region,  shall be   promptly
stamped  with the date of receipt by that
office  and assigned a Bequest Identifica-
tion Number. The Freedom  of  Informa-
tion  Office shall promptly forward the
request to the EPA office(s) believed  to
be responsible  for maintaining the re-
quested records, retaining a copy of the
request. If a request  is received  by  a
Freedom of Information Office at an EPA
region and  the  requested  records  (or
some  of  them)  are  not maintained by
that EPA region, the regional  Freedom
of Information  Office  shall  promptly
furnish  a copy of  the  request to the
Headquarters Freedom  of Information
Office.
  (b)  Requests  received by EPA offices
other  than Freedom of Information Of-
fices.  If any  request is received by any
EPA office other than a Freedom of In-
formation Office, a copy of the request
shall  be  forwarded immediately  to the
Headquarters . Freedom  of Information
Office (or, if the receiving office is  part
of an  EPA region, to the regional Free-
dom of Information Office).
  (c)  Method  of forwarding  requests.
Requests shall be forwarded under para-
graphs (a)  and  (b) of 'this section by
electronic  means  (facsimile   machine,
telephone, etc.).
§ 2.111   Action by office responsible for
    maintaining requested records.
  (a)  Whenever an  EPA office becomes
aware that  it  has  been assigned the
responsibility  of responding  to a re-
quest, or whenever  such an  office be-
comes aware that EPA has received  a
request  for  records  which that  office
maintains or for which that  office has
responsibility, the office shall:
  (1>  Locate  the records  as   promptly
as possible,  or determine that the  rec-
ords are not known to exist,  or that  they
are located at. another EPA office, or that
they are held by another Federal agency
and not by EPA;
  (2) Determine which of  the records
(or portions of records)  held by the of-
fice may  not legally  be released,  and
why;
  (3)  Determine whether disclosure will
be made of requested records which are
exempt  from mandatory disclosure but
which are not required by  law or this
part to be withheld  (see §8 2.118-2.119).
and the reasons for withholding any such
records;
  (4)  Issue   an  initial determination
within the allowed period (see §2.112),
specifying which requested records wQl
be withheld  and which will be released
(determinations  to  withhold  requested
records shall comply with § 2.113).
   (b) If any requested records located
under paragraph (a) of this section con-
tain business information  which is cov-
ered by a business confidentiality claim
or is  the type of information for which
business sometimes  requests  confiden-
tial treatment, or is or may be required
by law to be held in confidence for rea-
sons of  business confidentiality, the EPA
office in possession of such records  shall
comply  with applicable provisions of sub-
part B of this Part.
   (c) Whenever an EPA office learns
that some or all of the requested records
are not in that office's possession but
are or may be ii. the possession of some
other EPA office or  some other Federal
agency, that office shall immediately so
inform  the  Headquarters  or  region'al
Freedom of Information Office which is
monitoring the request.
   (d) If at  any time it appears to an
EPA office that  performance of further
search work  would cause  fees  to be in-
curred in excess of those  which the re-
questor has  paid cr agreed  to pay (or
$25.00 if no fee  has  been  agreed upon).
action shall be taken to obtain or assure
payment  (see §2.120), to assist in the
reformulation   of   the  request   (see
§ 2.109), or both.
§ 2.112   Time allowed for issuance  of
    initial determination.
  (a) Except as otherwise provided in
this  section, not later than  the  tenth
working day  after the date of receipt by
a  Freedom  of Information Office  of  a
request  for records,  the EPA  office re-
sponsible for responding to the request
shall issue a written determination to the
requestor stating which of the requested
records  will,  and which will not, be re-
leased, and the reason for any denial of
a  request.  (A written determination is
not necessary if within that 10-day pe-
riod  all requested records are actually
furnished to  the requestor.)
   (b) The period of 10 working days shall
be measured from the date the request
is first  received  and logged in by the
Headquarters or regional Freedom of In-
formation Office.
   (c) There  shall be excluded from the
period of 10 working days (or any ex-
tension  thereof) any time which elapses
between the time that a requestor is noti-
fied by  EPA that his request does not
reasonably identify  the records sought
and the time that the requestor furnishes
a reasonable identification (see § 2.109).
   (d) There  shall be excluded from the
period of 10 working days  (or any exten-
sion thereof) any time which elapses be-
tween the time that a requestor is noti-
fied by  EPA  that processing his request
will generate chargeable  fees  in excess
of $25.00 (or any higher dollar limit he
has established  as acceptable), and the
time that the requestor makes suitable
arrangements  for   payment  of   such
charges (see § 2.120).
   (e) The EPA office taking action under
62.111,  after notifying the appropriate
                                                    FIGURE  1
                                                 (Part 2  of  4)

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 Preedona of Information Office, may ex-
 tend the basic 10-day period established
Bunder paragraph (a)  of this section by a
fctertod not to exceed 10 additional work-
ing days, by furnishing written notice to
 the requestor  within the basic  10-day
 period stating the reasons for such ex-
 tension and the date by which the office
 expects to be able to issue a determina-
 tion. The period may be so^xtended only
 when absolutely  necessary, only for the
 period required,  and only when  one or
 more  of  the following unusual circum-
 stances require the extension:
   (1)  There is a need to  search for and
 collect the requested records from field
 facilities or other establishments  that
 are separate from the office processing
 the request;
   <2)  There Is a need.to search for, col-
 lect, and appropriately  examine a vo-
 luminous amount of separate and dis-
 tinct records which are  demanded in a
 single request; or
   (3)  There Is a need for consultation,
 which shall be conducted with all prac-
 ticable-speed, with another agency having
 a substantial Interest in the determina-
 tion of the request or among two or more
 components of EPA.
   (f)  Failure of EPA to issue a deter-
, mlnation  within  the 10-day period or
 any authorized extension shall constitute
, final agency action which authorizes the
 requestor to commence an action in an
 appropriate Federal district court to ob-
 taln-the records.  .
 § 2.113   Initial denials of requests.
   (a) An Initial denial of a request may
    issued only for the following reasons:
   (1)  The record requested is not known
 to exist;
   (2)  The record is not in EPA's posses-
 sion;
   (3)  The record has been published in
 the FEDERAL REGISTER or is otherwise pub-
 lished and available for sale.
   (4) A statutory provision, provision of
 this part, or court order requires that the
 Information not be disclosed;
   (5)  The record Is  exempt  from man-
 datory disclosure under 5 U.S.C.  552 (b)
 and EPA has decided as a matter of dis-
 cretion not to release it;
   (6)  Subpart B of this part requires
 Initial denial  because a  third  person
 must be  consulted in connection  with a
 business  confidentiality claim;  or
   (7) The record is  believed to exist in
 EPA's possession but has not yet  been
 located  (see paragraph (h) of this sec-
 tion) .
   (b) Initial denials of requests may be
 Issued or ordered by those EPA officers
 or  employees occupying positions  to
 which such authority has been delegated
 or redelegated.
   (c) Initial determinations should nor-
 mally be made by the office  which is in
 possession  of, or has responsibility for
 maintaining, the requested records, and
 only in unusual cases should it be neces-
 sary to  refer the matter to higher au-
 thorities for Issuance of tin determina-
 tion. Initial determinations to deny re-
 quests may be.Issued 'only by an officer
 or  employee who exercises  supervisory
authority over the EPA office which pos-
sesses or has responsibility for maintain-
ing the requested records.
  (d) Each  Initial  determination  to
deny a request shall be written, signed,
and dated, and shall contain a reference
to the Request Identification Number.
  (e) If the determination to deny a re-
quest was directed to be issued by some
EPA officer or employee other than the
person signing the determination letter,
that other person's identity and position
shall be stated in the determination let-
ter. If an EPA regulation (e.g., 5 2.204)
requires that an initial denial  determi-
nation be  Issued upon the finding of cer-
tain facts, reference shall be made to the
regulation and the  determination letter
shall  state the name of the person  who
made the  fact finding.
   (f) Each Initial determination which
denies a request in whole or part shall
state that the requestor may appeal the
initial denial  by mailing or personally
delivering  an  appeal in writing to the
address stated hi § 2.114 within 30 days
of receipt of the determination or within
30 days of the date the  requestor last
received any records in response to the
request, whichever date is later.
  (g)  An initial determination shall be
deemed to be issued  at  the time the
determination letter is placed in EPA
mailing channels for first class mailing
to the requestor, is delivered to the U.S.
Postal Service for  mailing,  or is  per-
sonally delivered to the requestor, which-
ever first  occurs.
  (h)  When a request must be denied
because the  record has  not yet been
located (although it is believed to exist
in EPA's possession), the  EPA  office re-
sponsible   for maintaining  the record
shall  continue to search diligently until
it is located or it appears that the record
does not  exist or is not  in EPA's  pos-
session, and shall periodically inform the
requestor  of the office's progress.
§2.114  Appeals from initial denials;
    manner of making.
  • (a).  Any person  whose request  has
been denied In whole or  hi part by an
initial determination may appeal  that
denial by  addressing a written appeal to
the Freedom of Information Officer (A-
101).  U.S. Environmental  Protection
Agency. 401 M Street, SW., Washington,
D.C. 20460.
   (b)  Any appeal  shall  be  mailed no
later  than 30 calendar days after the
date  the  requestor received  the initial
determination from which the appeal is
taken, or 30 calendar days after the date
the  requestor last  received  any docu-
ments in response' to the request, which-
ever is later.
   (c)  The appeal letter shall contain a
reference to the date of the initial deter-
mination, the name and  address of the
person who issued the denial letter. The
appeal letter shall also indicate whether
any  of the documents  to which access
was denied are not the subject of appeal.
 § 2.115  Appeal
  .   whom made.
determinations;   Sty
   (a) The General Counsel shall  make
one of the following legal determinations
in connection with every appeal of  an
initial determination from the  initial
denial of a request for an existing record
in EPA's possession:
  (1) The record must be released;
  (2) The record must not be released,
because a statute or a provision of this
part so requires; or
  (3) The record is exempt from man-
datory disclosure but may be released as
a matter of Agency discretion.
  (b) Whenever  the General  Counsel
has determined under paragraph (a) of
this section that a record is exempt from
mandatory disclosure but may legally
be disclosed, the matter shall be referred
to the  Director of the  EPA Office of
Public Affairs. If  the Director of the
EPA Office of Public Affairs determines
that the record shall not be disclosedr
a determination denying the appeal shall
be issued by the General  Counsel. If the
Director of the EPA Office of  Public
Affairs   determines  that  the  record
should be disclosed, the record shall be
disclosed   unless   the   Administrator
(upon a review of the matter requested
by the  appropriate  Assistant Adminis-
trator, Regional Administrator, or the
Director of a Headquarters Staff Office)
determines that the record shall not be
disclosed, in  which case  the  General
Counsel  shall issue a  determination
denying the appeal.
  (c) The General Counsel may delegate
his duties under paragraph (a) of this
section to a Regional Counsel, or to any
other attorney employed on a full-time
basis by EPA, in  connection with any
category of appeals or any individual ap-
peal. No redelegation of such duties is
authorized.
§ 2.116  Contents of determination deny-
     ing appeal.
  A  determination denying  an appeal
from an initial denial shall be In writing
shall state which of the exemptions hi  5
U.S.C. 552 (b)  are  felt to apply to each
requested existing record, and shall state
briefly the reason (s) for denial  of the
request. A denial determination shall also
state the name and position of each EPA
officer or employee  who determined or
ordered that the appeal be denied. Such
a determination shall further state that
the person whose request was denied may
obtain judicial review of the denial by
complaint filed  with the district  court
of the United States in  the  district in
which the complainant  resides, or in
which the Agency records are situated,
or in the District of Columbia, pursuant
to 5 U.S.C. 552(a) (4).
§ 2.117  Time allow d  for issuance of
     appeal determination.
  (a) Except  as otherwise provided in
this section,.not later than the twentieth
working day after the date of receipt by
the  Freedom  of Information Officer at
EPA Headquarters of an appeal from an
Initial denial of a request for records, the
General Counsel shall issue a  written
determination stating which  of the  re-
quested records (as to which an appeal
was  made) shall be disclosed and which
shall not be disclosed.
                                                 FIGURE 1
                                              (Part  3 of 4)

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    (b)  The  period  of 20 working days
 shall be measured from the date an ap-
 peal, in accordance with  § 2.114. is flrst
 received by the Freedom of Information
 Officer at EPA Headquarters, except as
 otherwise provided In § 2.205.
    (c)  The  Office of  General  Counsel.
 after notifying the Freedom of Informa-
 tion Officer at EPA Headquarters, may
 extend the basic 20-day period  estab-
 lished under paragraph (a) of this sec-
 tion by a period not to exceed  10 addi-
 tional  working, days, by furnishing writ-
 ten  notice to the requestor within the
 basic 20-day period stating the reasons
 for such extension and the date by which
. the  office expects to be able  to Issue a
 determination. The period may  be so
 extended only when absolutely necessary,
 only for the period required, and only
 •when one or more of the following unus-
 ual circumstances require the extension:
    (1)  There is a need to search for and
 collect the requested records  from field
 facilities or other establishments that are
 separate from the  office processing the
 request;
    (2)  There Is a need to search for, col-
 lect, and appropriately examine a volu-
 minous amount of separate and distinct
 records which  are demanded in a single
 request: or
    (3)  There is a need for consultation,
 which shall be conducted with all prac-
 ticable speed, with  another agency hav-
 ing  a  substantial interest-In the  deter-
 mination of the request  or among two
 or more components of EPA.
    (d)  No extension of the 20-day period
 shall be issued under subsection  (c) of
 this section which would cause the total
 of all such extensions and of any  exten-
 sions Issued under § 2.112(e)  to  exceed
 10 working days.
 § 2.118  Exemption categories.
    (a)  5U.S.C. 552 (b)  establishes nine ex-
 clusive categories of matters  which .are
 exempt from the mandatory disclosure
 requirements of 5 U.S.C. 552(a). No re-
 quest under 5 U.S.C. 652 for an existing,
 located record In EPA's possession shall
 be denied by any EPA office or employee
 unless the  record contains (or Its  dis-
 closure would reveal) matters that are—
    (1)  Specifically authorized under cri-
 teria established by an Executive Order
 to be  kept secret in the Interest  of na-
 tional defense or foreign policy and are
 In fact properly classified  pursuant to
 such Executive Order;
    (2)  Belated solely to the Internal per-
 sonnel rules and practices of an agency;
    (3)  Specifically  exempted  from  dis-
 closure by statute;
    (4)  Trade secrets and commercial or
 financial  information obtained from a
 person and privileged or confidential;
    (5)  Interagency or intra-agency mem-
 orandums 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  Sles  the  disclosure  of  which'
 would constitute a clearly unwarranted
 invasion of personal privacy;
  07) Investigatory  records  compiled
for law enforcement purposes, but only
to the extent that the production of such
records would:  (1)  interfere  with en-
forcement  proceedings;  (11)  deprive &
person of a right to a fair trial or an Im-
partial adjudication; (ill) constitute an
unwarranted invasion  of personal  pri-
vacy; (iv) disclose the identity of a con-
fidential source and, in the case of a rec-
ord compiled by a criminal law enforce-
ment authority in the course of a crimi-
nal Investigation, or  by an agency con-
ducting a lawful national security intel-
ligence  investigation,  confidential  In-
formation furnished only by the confi-
dential source; (v) disclose investigative
ijchniques and procedures; or (vl) en-
danger the life or physical safety of law
enforcement personnel.
  (8) Contained in or related to exami-
nation operating,  or condition reports
prepared by, on behalf of, or for the use
of an agency responsible for the regula-
tion or supervision of financial Institu-
tions; or
  (9) Geological and geophysical Infor-
mation and data, including maps, con-
cerning wells.
  (b) The fact that  the applicability of
an exemption permits nondisclosure of a
requested  record  (or  portion thereof)
does not necessarily  mean that the rec-
ord must or should be withheld. Where
the rights  of third  parties other than
Federal agencies would not be prejudiced,
disclosure of records  in response to a re-
quest is encouraged  unless there is an
important reason for nondisclosure.
§ 2.119  Biscretionarj release of exempli
     documents.
  (a) EPA may, in its discretion, release
requested records despite the applicabil-
ity  of the  exemptions listed in para-
graphs  (2), (5),  (7).  (8), or  (9) of
§2.118(a).
  (b) As a matter of policy, EPA will not
release a requested record if EPA deter-
mines  that  one  or more of the exemp-
tions listed  in paragraphs (1), (3), («>,
or (6)  of § 2.118(a) apply to the record,
except when ordered to do so by a Fed-
eral court  or in exceptional  circum-
stances under appropriate restrictions
with the approval of the Office of Gen-
eral Counsel or a Regional  Counsel.
§ 2.120  Payment.
  (a) Fee Schedule. Fees will be charged
for copies of records which are furnished
to a person  under this part and for time
spent in locating and reproducing them
In accordance with the fee schedule be-
low. No fee will be charged for periods of"
less than  one-half, hour spent in con-
nection with a search for records of com-
puter programming.
Record search time (per half hour) — Q3.60'
In-house computer programming time
  (per half hour)	  4.60
Reproduction  of   documents   (per
  page)  	  . .20
If  the Information  requested exists as
a  computer record  and e. printout OF
tape Is a means by which that Informa-
     may be made available, the fee win
be the actual direct cost of the computer
system  time added to any applicable,
search,  In-house  programming,  repro-
duction, or contract programming costs,
  (b) Prepayment. In the event pending
requests under this part from the same
requesting party would require the pay-
ment of fees In excess of $25.00, such rec-
ords will  not be searched for or made
available, nor copies or such records fur-
nished unless the requesting party first
pays, or makes acceptable arrangements
to pay,  the  total amount  due; or if not
ascertainable  exactly,  the approximate
amount that would become due upon the
completion of EPA's search and/or copy-
ing activities, as determined by the office
responding to the request. All payments
must be in the form of check or  money
order made payable to the U.S. Environ-
mental  Protection Agency and delivered
to the Freedom of Information Officer at
EPA Headquarters or at the appropriate
regional office. In the event an advance
payment hereunder shall differ from the
amount of the fees actually due,  an ap-
propriate adjustment will be made at the
time the  negative determination is is-
sued, the  copies requested are delivered,
or the records are made available.
  (c) Waiver. EPA may reduce or waive
the payment of fees, if such  reduction or
waiver would be in the public interest.
§ 2.121   Preparation of annual report.
  On or before March 1 of each calendar
year, EPA's Freedom of Information Offi-
cer will submit an Agency report cover-
Ing the preceding calendar year  to the
Speaker of the House of Representatives
and President of the Senate for referral
to  the  appropriate committees  of the
Congress. The report shall include:
   (a) The  number of determinations
made by EPA not to comply with requests
for records  made under section  552 (a)
of the Freedom of Information Act,  as
amended,  and  the reasons  for each
determination;
   (b) The number of appeals made  by
persons under subsection 552(a) (6), the
result of such appeals, and the reason for
the action upon each appeal that  results
in a denial for information;
   (c) The name(s) and title(s) or posi-
tion (s)  of each person responsible for
the denial of records requested under sec-
tion 552 (b) and the number of Instances
•of participation for each;
   (d) The  results of  each proceeding
conducted pursuant to subsection  552 (a)
(4)(f),  including  a report of the disci-
plinary action taken against the officer or
employee who was primarily responsible
for improperly withholding records or an
explanation of why disciplinary  action
was not taken;
  (e) A copy ofl Agency rules regarding
the Freedom of Information Act;
  (f) A copy of the fee schedule and the
total amount of fees collected for making
records available;  and
  (g) Other Information related  to ad-
ministering section 552(c).
   [PB Doc.7&-«858 Filed 3-5-75:8:45  am§
                                                  FIGURE  1
                                                (Part  4 of  4)

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          UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
     WASHINGTON, D.C. 2046O
              ••                      POSTAGE AND FEES PAID
                                       U.S. ENVIRONMENTAL
        OFFICIAL BUSINESS                PROTECTION AGENCY
   PENALTY FOR PRIVATE USE, $300              EPA-335
 AN EQUAL OPPORTUNITY EMPLOYER
   EPA HO FORM 1550-2 (2-75)
                                            DATE

          Your request for information pursuant to the provisions
     of the Freedom of Information Act, as amended, was received
     on
          The Agency has ten (10) working days to respond to
     your request.  You can expect a reply shortly after expiration
     of the ten working day period. Further correspondence on this
     subject should cite the following Request Identification
     Number: (A-101) RIN-
                              Freedom of Information Officer
                          U.S. Fnvironmental Protection Agency
        FIGURE 2.   Acknowledgement  of Receipt Forms
                     (Part  1 of  2)

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          UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
                                     POSTAGE AND FEES PAID
                                       U.S. ENVIRONMENTAL
                                       PROTECTION ACENCY
                                           EPA-989
        OFFICIAL BUSINESS
  PENALTY FOR PRIVATE USE. MOO
 AN EQUAL OPPORTUNITY EMPLOYER
EPA FORM 1550-3 (2-75)
                                              DATK

         Your request for information pursuant to the provisions
    of the Freedom of Information Act, as amended, was received
    on
         The Agency has ten (10) working days to respond to
    your request. You can expect a reply shortly after expiration
    of the ten working day period.  Further correspondence on this
    subject should cite the following Request Identification
    Number: PIN-
                             Freedom of Information Officer
                          U.S. F.nvirbnmental Protection Agency
                          FIGURE  2
                       (Part  2 of 2)

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15SSZ.
  *
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                 WASHINGTON, D.C.  20460
                                                                    OFFICE OF
                                                              PLANNING AND MANAGEMENT
Mr. George S. Straffin
Northwestern Life Insurance Company
65 Partridge Road
Stanford, Connecticut  04860

Dear Mr. Straffin:

     This is in response to your request received
April 25, 1975, for copies of Messrs. Prentice
Hart's and Dean Bradley1s personnel records.

     I have determined that I will not release
these records as their disclosure would con-
stitute a clearly unwarranted invasion of per-
sonal privacy.  These records are exempt from
disclosure under 40 C.F.R. Part 2, Section 2.118
(a)(6).

     If you wish to appeal this denial, you may
address such an appeal in writing to the EPA
Freedom of Information Officer, A-101, RN- 	,
U.S. Environmental Protection Agency, 401 M
Street, S.W., Washington, D.C., 20460 within
thirty (30) days of receipt of this negative
determination.

                 Sincerely yours,
["N
{ A
                                          NOTE DATE RECEIVED BY
                                          AGENCY
                                        [~CITE PARAGRAPH AUTHORIZING"
                                        I  DENIAL OF RECORDS WITH EX-
                                        LPLANATION, IF APPROPRIATE
                                          NOTE APPEAL OPTION;  SPECIFY
                                          APPROPRIATE RN-   NUMBER IN
                                          ADDRESS
                 Howard M. Messner
          Deputy Assistant Administrator
                 for Administration
                FIGURE 3.  Example of negative determination letter.

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