[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR2.103]

[Page 26-27]
 
                   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

[[Page 27]]

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.