Freedom of Information Act (FOIA)

What is FOIA?

Under the Federal Freedom Of Information Act (FOIA), 5 U.S.C. 552, the public is allowed to receive copies of records in the possession of the agencies of the U.S. Government, including EPA. In general, documents must be released to a person requesting the document, unless the document falls into one of the release exemptions set forth in FOIA. With some exceptions, EPA is allowed to charge fees to requestors in order to recover the direct costs of search, duplication, and review of the documents requested.

In accordance with Federal regulations set forth at 40 C.F.R. Part 2, FOIA requests to EPA must be in writing and sent to the Freedom of Information Officer.

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How do I submit a FOIA request?

You have several ways to submit your FOIA request for records in the possession of EPA's Region 5 office (for the states of IL, IN, MN, WI, MI, and OH):

Option 1: Online Form:

Option 2: E-Mail: r5foia@epa.gov

Option 3: Fax: (312) 886-1515

Option 4: Mail via Postal Service to:

Freedom of Information Officer
U.S. EPA Region 5 (MI-9J)
77 West Jackson Blvd.
Chicago, IL 60604-3590

If you elect to use the e-mail form, fax, or e-mail, please do not mail a follow-up letter. Please direct any questions to the Freedom of Information hotline at (312) 886-6686.

Please note: EPA Region 5's holdings contain only environment-related information regarding the states of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. If your request does not meet these criteria, but you do not know where to obtain the information you desire, please send us an e-mail (option #2 above) and we will do our best to assist you.

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How soon will I get a response?

On October 2, 1997, the FOIA Amendments of 1996 went into effect. A key change for Region 5 and all Executive Branch agencies is that the base response time will be adjusted from 10 to 20 business days. Automatic extensions will no longer be available. For more information, please see:

Electronic FOIA Amendments of 1996
Summary of Electronic FOIA Amendments

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What do I need to include in my request?

In your FOIA request, please provide the full and complete name(s) of the facility(ies) you are inquiring about, the complete address(es), and a specific statement regarding which documents you wish to receive. Since many facilities are regulated under more than one Federal environmental law, please indicate the program or programs from which you desire to request records. If you need database lists for a ZIP code area, please include the state and the needed databases. Please also indicate whether you would like these lists as a printout or on a diskette.

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What are the costs involved?

Your request should also include a statement regarding your willingness to pay statutory fees for the information requested. In accordance with the EPA’s revised FOIA regulations (40 CFR 2.100, et. seq.), effective November 5, 2002, the Agency’s fees for processing requests have changed. The new fee schedule is as follows:

• Clerical staff time billed at $4.00 per 15 minutes of search and/or review
• Professional staff time billed at $7.00 per 15 minutes of search and/or review
• Managers’ time billed at $10.25 per 15 minutes of search and/or review
• No fee will be charged for services at or below $14.00
• Assurance of payment of fees above $25.00 will be obtained from the requester before commencing any work
• Advance payment of fees above $250 may be required by the Agency before commencing any work

The EPA may determine to waive or reduce fees in cases where furnishing the information primarily benefits the general public by significantly assisting citizens in understanding how their government works. Requests for waiver or reduction of fees should be submitted with the requests for records under the FOIA. Please include in any waiver request relevant facts or arguments which might support the request.

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