ENVIRONMENTAL
  PROTECTION
  AGENCY
ORDER
RV 1550.1
   REGION V
                      REGIONAL FREEDOM OF  INFORMATION PROGRAM
                     REGIONAL FREEDOM.OF  INFORMATION PROCEDURES
     1.  PURPOSE.  This, order establishes regional policy and  procedures,
     and. delegates the authority governing the response to requests for
     information under this program.

     2.  POLICY.   It  is Agency policy to make fullest possible disclosure
     of information without unjustifiable expense or delay to  any person
     who requests  information,subject to the provisions of EPA Order 1550.18
     dated May 13, 1975.

     3.  COVERAGE.  Any written request to EPA for existing records is con-
     .sidered to be a  request for records pursuant to the Freedom of Infor-
     mation Act, 5 U. S. C. 552, whether or not that statute is mentioned
     in the request.  The detailed procedures of this order apply only to
     written requests for existing identifiable and unpublished records con-
     tained in EPA files which are not available for routine public distri-
     bution.

     4-  AUTHORITY.   Authority for delegation EPA Order 1550.IB dated May
     13, 1975.                                .        f

     5.  DESIGNATIONS.  The following designations are made with respect
     to implementation of the Freedom of Information Act.

         a.  Regional Freedom of Information Officer.  Director of Regional
     Public Affairs Office.

         b.  Responsible Official.  The authority to make positive deter-
     minations to  release information, waive payment of fees,  or extend
     the date for  mailing a determination  is delegated to the  Division  .
     Director level.  The authority to make negative determinations is
EPA905-F-75-002 c-1
                   U.S Environmental Protection Agency
                         Region 5 Library
                    77 W. Jackson Blvd. (PL-16J)
                     Chicago, IL 60604-3507
                                                                     Initiated by:

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                                         ORDER
REGION V
                                                         RV  1550.1
  reserved to the Regional Administrator  and  Deputy  Regional  Administrator.
  (In cases of necessity to meet a deadline,  the Acting  Regional  Adminis-
  trator may make negative determinations).

  6.  PROCEDURES FOR  RESPONDING.

      a.  Correspondence marked Freedom of Information on  the envelope
  will  he delivered directly  to the  Regional  Freedom of  Information
  Officer (Director,  Public Affairs  Office] where  it will  be date and.
  time  stamped., assigned a. Request  Identification  Number,  and logged
  in as a Freedom of  Information Request.  PAO  will  complete EPA  Form
  5180-1 (Mail Control  Schedule) and attach  it  to  the original  request.
  All requests for records (marked  Freedom of Information  or not) received
  by program offices  will be  hand carried immediately to PAO for  pro-
  cessing.

      b.  PAQ;wtn hand carry each  request for  information to the appro-
  priate. Division/Office.  Director for: action.  PAO will  send an acknow-
  ledgement of receipt of the correspondence  to the.  requesting party
  immediately'after logging.   This  acknowledgement,  EPA  Form 1550-3, will
  inform the requesting party of the date of  receipt by  EPA.  A copy of
  each  request for  information (i'ncluding a copy  of  the  Mail Control
  Schedule) will be hand  carried to  the. Office  of Regional Counsel.

      c.  The Responsible Official-  shall  make the determinations  de-
  tailed  in paragraph 5(a),  (b), and (c)  of EPA Order 1550.18.   In
  accordance with sub-paragraph  (a)  (8)  of that paragraph, the Responsible
  Official  shall notify PAO  of the  disposition  of all requests for in-
  formation.   If the  requestor personally inspects records in the region-
  al  office,  the  Division/Office  Director shall be responsible for main-
   taining  the  integrity of  inspected records  in his  possession.

      d.   Generally,  the  Responsible Official has  ten (10) working days
   from  the date  of  receipt  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  any denial  of a request,
   (A written  determination  is not  necessary if  within the ten-working
   day period  all  requested  records  are actually furnished to the  re-
   questor).   The  Division/Office  Director is  authorized  to sign the
   response  to  the  requestor,  with  a copy forwarded to the Freedom of
   Information  Officer.  The  Division/Office will  be  the  contact point
   for the requestor coming  to the  Regional Office to review documents

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                                         ORDER
REGION V
RV 1550.T
  or files.  The ten day period may be temporarily suspended if either
  of the two conditions listed in paragraph 6(d) of EPA Order 1550.18
  occur.

       e.   Extensions of-the  ten  (10) working day time  limit are dis-
  cussed in paragraph  9 of EPA Order 1550.IB.  Written notice shall be
  provided the- requestor if  an extension as described  in  paragraph
  9  is-necessary,  citing the anticipated, date of determination  (no more
  than twenty  (20)  days after the receipt of the request  for records).
  A  copy of this- notice should be provided to PAO.

  7.   PROCEDURES FOR'MAKING'NEGATIVE DETERMINATIONS;   If  the Responsible
  Official ,. (.within ten  (JO) working days of the stamped  receipt  date)
  determines  that  all  or any part of the. requested  records will not be
  provided, based  on the nine categories of matters which are exempt
  from the mandatory disclosure  requirements of  the Act as outlined in
   paragraph 7  of EPA Order  1550.18, he will:

       a.   Contact the  Regional Freedom of  Information  Officer  in  the
   case, of a  possible negative determination.  Discussions will  be held
  with, the Responsible Official, .Regional  Freedom  of  Information  Officer
   and the Regional Counsel.   If  agreement  can not  be  reached on a deter-
  mination,  the Regional Administrator will make the  decision.   In the
   event of a  negative,  determination,  the  Responsible  Official will  per-
   sonally contact the  Director of the  Office of  Public Affairs  in Wash-
   ington  to  discuss the impact of the  negative determination on EPA's
   relationships with  the public.  If  a  negative  determination  to  withhold
   information is made, the. Responsible  Official  will  prepare a  written
   response to the requestor for  the Regional Administrator's signature,
   notifying him that all  or part of the  request  has  been  denied.

       b.  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  letter 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'. EPA, 401 M Street,  S.  W.,  Washington,  D.  C.  20460.
   Figure  1 shows .a sample written denial  letter.  A copy  of  the denial
   letter  shall be forwarded to PAO.

        c.  The  Regional Freedom of Information Officer will  immediately
   forward to  Executive Communications a copy of the request for  infor-

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                                         ORDER
REGION V
RV 1550.1
   mation,  a copy of the negative determination,  a  sample  or description
   'of the records being withheld, and  any other appropriate correspondence.
   This will serve to alert the EPA Freedom of Information Officer of a
   possible, appeal,

   8.   CREATION OF RECORDS.  Generally,  documents  will  not be created
   by compiling 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.

   9.  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 re-
   cords 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.

           Record Search Time .. —'	$2.50 per half  hr.
            In-house computer programming time  	  $4.50 per half  hr.
           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
   programming costs.

       b.   Fee authorization.

            (1)  The Responsible Official  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 request-
   ing party  (by  telephone if possible) of the expected charge.

            (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.

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                                         ORDER
REGION V
RV 1550.1
           (3)   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, who will assure that the checks
   are received  in  the Management Office.

   10.  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 Freedom of
   Information Officer should  be consulted.

   11.' ANNUAL REVIEW..  On or  before February 15, the Regional Freedom of
   Information Officer will  prepare  a  regional report on information requests
   following the outline set forth in  paragraph  14 of EPA Order 1550.18.

   12.  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.

   13.  INTERNAL ASSISTANCE AND ADVICE.  Responsible Officials should he
   aware of the  opportunity to seek  legal assistance, especially in in-
   stances involving  possible  exempted material, from the Office of Regional
   Counsel.  Likewise, the Headquarters Office of Public Affairs and the
   Regional Public  Affairs Office  are  available  for consultation when assess-
   ing the probable public response  to a negative determination or deciding
   whether .to reduce  or waive  fees for providing information.

   14.  REDELESATION. This authority  may not baredelegated.

   15.  EFFECTIVE DATE.   July  18,  1975.        /
                                               rancis  T. Mayo     (,    A
                                              Regional Administrator^/

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                               UNITED STATES

   \                ENVIRONMENTAL PROTECTION AGENCY

    O                             REGION V

   ^                      230 SOUTH DEARBORN ST.

                           CHICAGO, ILLINOIS  60604
Mr, George S. Straffin
Northwestern Life Insurance Company
65 Partridge Road
Chicago, Illinois  60611

Dear Mr. Straffin:

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

     I have determined that I will not release
these records as their disclosure would con-
stitute a clearly unwarranted invasion of
personal privacy.  These records are exempt
from disclosure under 40 C.. F. R. Part 2,
Section 2,113 (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.

     The Responsible Official in this matter
is:

(TYPED  IN NAME)	(TITLE OR POSITION)

                    Sincerely yours,
                     Francis  T.  Mayo
                     Regional  Administrator
NOTE THE DATE RECEIVED
BY AGENCY
CITE PARAG.RAPH AUTHORIZING
DENIAL OF RECORDS WITH EX-
PLANATION, IF APPROPRIATE
NOTE APPEAL OPTION; SPECIFY
APPROPRIATE RN-  NUMBER IN
ADDRESS
                            FIGURE 1    Example  of negative determination  letter.

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