# 40 CFR § 2.102: Procedures for making requests

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-2.102

## Section

- **Citation:** 40 CFR § 2.102
- **Heading:** Procedures for making requests
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 40—Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER A—GENERAL > PART 2—PUBLIC INFORMATION > Subpart A—Procedures for Disclosure of Records Under the Freedom of Information Act

## Text

(a) EPA employees may attempt in good faith to comply with oral requests for inspection or disclosure of EPA records that are publicly available under § 2.201(a) and (b), but such requests are not subject to the FOIA or this Part.
(b)(1) Requesters must reasonably describe the records sought in sufficient detail to enable a professional employee of the Agency who is familiar with the subject area of the request to locate the records with a reasonable amount of effort.
(2) If EPA determines that a request does not reasonably describe the requested records as provided in § 2.102(b)(1), EPA will tell the requester either what additional information the requester needs to provide or why the request is otherwise insufficient. EPA will also give the requester an opportunity to discuss and modify the request to meet the requirements of § 2.102(b)(1). If the requester fails to modify the request to meet the requirements of § 2.102(b)(1) within 20 calendar days, EPA will not process the submission and close the request. If the requester does modify the request to meet the requirements of § 2.102(b)(1), EPA will consider the request received as of the date the modification is received by EPA.
(3) Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter. If known, the requester should include any file designations or descriptions for the records that the requester wants. The more specific the requester is about the records or type of records that the requester wants, the more likely EPA will be able to identify and locate records responsive to the request.

## Nearby sections

- [40 CFR § 2.100 § 2.100 General provisions.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.100.md)
- [40 CFR § 2.101 § 2.101 Where to file requests for records.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.101.md)
- [40 CFR § 2.102 § 2.102 Procedures for making requests.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.102.md)
- [40 CFR § 2.103 § 2.103 Responsibility for responding to requests.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.103.md)
- [40 CFR § 2.104 § 2.104 Responses to requests.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.104.md)
- [40 CFR § 2.106 § 2.106 Preservation of records.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.106.md)
- [40 CFR § 2.107 § 2.107 Fees.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.107.md)
- [40 CFR § 2.108 § 2.108 Administrative appeals.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.108.md)
- [40 CFR § 2.109 § 2.109 Other rights and services.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.109.md)
- [40 CFR § 2.201 § 2.201 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.201.md)
- [40 CFR § 2.202 § 2.202 Applicability of subpart; priority where provisions conflict; records containing more than one kind of information.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.202.md)
- [40 CFR § 2.203 § 2.203 Notice to be included in EPA requests, demands, and forms; method of asserting business confidentiality claim; effect of failure to assert claim at time of submission.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.203.md)
- [40 CFR § 2.204 § 2.204 Initial action by EPA office.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.204.md)
- [40 CFR § 2.205 § 2.205 Final confidentiality determination by EPA legal office.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.205.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-2.102. Check the current official text before relying on it. Not legal advice.