40 CFR 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 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.
Title 40 published on 2013-07-01
no entries appear in the Federal Register after this date.