# 40 CFR § 2.103: Responsibility for responding to requests

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-2.103

## Section

- **Citation:** 40 CFR § 2.103
- **Heading:** Responsibility for responding to 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) In general. Upon receipt of a FOIA request under § 2.101(a), the National FOIA Office will assign the request to an appropriate office within the Agency for processing. To determine which records are within the scope of a request, an office will ordinarily include only those records in the Agency's possession as of the date that the Agency begins its search. The Agency will inform the requester if any other date is used.
(b) Authority to issue final determinations. The Administrator, Deputy Administrators, Assistant Administrators, Deputy Assistant Administrators, Regional Administrators, Deputy Regional Administrators, General Counsel, Deputy General Counsels, Regional Counsels, Deputy Regional Counsels, and Inspector General or those individuals' delegates, are authorized to make determinations required by 5 U.S.C. 552(a)(6)(A).
(c) Authority to grant or deny fee waivers or requests for expedited processing. EPA's Chief FOIA Officer or EPA's Chief FOIA Officer's delegates are authorized to grant or deny requests for fee waivers or requests for expedited processing.
(d) Consultations and referrals. When a request to EPA seeks records in EPA's possession that originated with another Federal agency, the EPA office assigned to process the request shall either:
(1) In coordination with the National FOIA Office, consult with the Federal agency where the record or portion thereof originated and then respond to the request, or
(2) With the concurrence of the National FOIA Office, refer any record to the Federal agency where the record or portion thereof originated. The National FOIA Office will notify the requester whenever all or any part of the responsibility for responding to a request has been referred to another agency.
(e) Law enforcement information. Whenever a requester makes a request for a record containing information that relates to an investigation of a possible violation of law and the investigation originated with another agency, the assigned office, with the concurrence of the National FOIA Office, will refer the record to that other agency or consult with that other agency prior to making any release determination.
(f) Assigning tracking numbers. EPA may assign multiple tracking numbers to a FOIA request that contains unrelated parts that will be processed separately by multiple regions or headquarters program offices.

## 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-40-2.103. Check the current official text before relying on it. Not legal advice.