The FOIA Request Process

How to Make a Request

Be specific about records you seek; if possible, include the EPA offices’ names, date ranges, employee names, description of the subject matter.
Submit a request through EPA's FOIA public access link (PAL) , the most efficient method for submitting a request or an appeal.
Note that the FOIA does not require an agency to conduct research, answer questions, or create records when responding to a request.

Requesting Pesticide Information

Many pesticide records are already publicly available; review p esticide information resources before submitting a request for pesticide information.

If you choose to submit a request,

Review the EPA's l imitations on disclosing information .
If you do not seek information that may be limited from disclosure, include this statement in your description: "This request does not include any information that may be entitled to confidential treatment, or that otherwise may be exempt from disclosure under FOIA."
Include MRID number, chemical name, PC code, or registration number and dates.

Processing Time

In general, the FOIA requires an agency to respond to requests within 20 working days. If the EPA cannot meet that deadline, the agency may contact you to request an extension.

The FOIA allows an agency to extend its response time if certain conditions, referred to as unusual circumstances, exist.

If your request involves unusual circumstances,

The EPA will notify you in writing.
Offer you the opportunity to modify or limit the scope of your request.
Arrange for an alternative time frame for completion.

Unusual circumstances scenarios are,

The need to search for and collect records from facilities that are separate from the office processing the request.
The need to search for, collect, and examine a large number of records.
The need to consult with another federal agency, or consult among two or more offices within the EPA, having substantial subject-matter interest in the records.

Expedited Processing

You may request expedited processing when submitting a request. Expedited processing may be granted if your request meets criteria established in the EPA's regulations.

The EPA will expedite a request when the request addresses,

A Compelling Need.
An Environmental Justice-Related Need.
Both a Compelling Need and an Environmental Justice-Related Need.

Expedited Processing Based on a Compelling Need

To request expedited processing based on a compelling need, write a justification, submitted with your request, addressing one or both of these elements.

Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual.
An urgency to inform the public about an actual or alleged federal government activity. The information must be requested by a person primarily engaged in disseminating information to the public.

Expedited Processing Based on an Environmental Justice Related Need

To request expedited processing based on an environmental justice-related need, write a justification, submitted with your request, addressing each of these four elements.

Whether the requested records relate to actual or alleged federal government activity, including agency records containing environmental information or data.
The extent to which there is a pressing need to inform the community about federal government activity. A pressing need to inform does not include requests where the disclosure is primarily in the commercial interest of the requester.
The extent to which the community is potentially experiencing disproportionate and adverse human health or environmental effects.
The requester's ability and intention to effectively convey the information to members of the community.

FOIA Exemptions

The FOIA ensures public access to federal records but also includes nine categories of information that are protected, that is exempted, from release to the public.

The nine categories of information, referred to as exemptions, allow withholding information if disclosure of that information would harm government or private interests.

The nine categories of information protected from release are,

Exemption 1: Information that is classified to protect national security.
Exemption 2: Information related solely to the internal personnel rules and practice of an agency.
Exemption 3: Information that is prohibited from disclosure by another federal law.
Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged.
Exemption 5: Privileged communications within or between agencies, including those protected by the:
- Deliberative Process Privilege (provided the records were created less than 25 years before the date on which they were requested).
- Attorney-Work Product Privilege.
- Attorney-Client Communications Privilege.
Exemption 6: Information that, if disclosed, would invade another individual’s personal privacy.
Exemption 7: Information compiled for law enforcement purposes that:
- 7(A) Could reasonably be expected to interfere with enforcement proceedings.
- 7(B) Would deprive a person of a right to a fair trial or an impartial adjudication.
- 7(C) Could reasonably be expected to constitute an unwarranted invasion of personal privacy.
- 7(D) Could reasonably be expected to disclose the identity of a confidential source.
- 7(E) Would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.
- 7(F) Could reasonably be expected to endanger the life or physical safety of any individual.
Exemption 8: Information that concerns the supervision of financial institutions.
Exemption 9: Geological information on wells.

For more information about the FOIA, visit FOIA.gov.

How to File a FOIA Appeal

You may appeal the EPA’s response to your request.

Appeals are reviewed by the EPA's General Law Office (OGC) or, for determinations made by the EPA's Office of Inspector General (OIG), by OIG.

Appeals must,

Be submitted within 90 calendar days from the date of a request determination letter.
Identify the EPA’s decision(s) that is being appealed.
Include the appealed request’s FOIA tracking number.

Three methods for submitting an appeal.

File through the EPA FOIA Public Access Link

Mail addressed to,

National FOIA Office
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW (2310A)
Washington, DC 20460

Express Delivery Service addressed to,

National FOIA Office
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW (7309C)
Washington, DC 20460

For appeals sent via U.S. Mail or overnight delivery service, denote “Freedom of Information Act Appeal,” on the letter and envelope.

Alternative Methods for Submitting a FOIA Request

FOIA.gov - submit a request to the EPA through the site managed by the Department of Justice.

Mail addressed to,