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Full or Partial Denial FOIA Responses


FOIA requests are considered partial or full denials after such determinations are made by the designated Office of Regional Counsel Site Attorneys. Following the denial determination by the Office of Regional Counsel, the Documents Management Section Specialist will gather all releasable documents, as well as those that have been collectively exempted from release by the designated Site Attorney, Remedial Project Manager, On-Scene Coordinator, and/or Early Action Project Managers.

The Specialists are responsible for clearly documenting FOIA files with decisions to partially or fully deny requested document(s). The annotated FOIA file and all related documents (released and withheld) will be forwarded to the Documents Management Section Denial Coordinator for appropriate action.

The Documents Management Section Denial Coordinator will meet with the designated Assistant Regional Counsel to discuss the pending denial and the related documents (releasable and those designated withheld), with the appropriate exemption(s) that are to be applied. In addition to determining the appropriate exemption(s) for denied documents, the Assistant Regional Counsel must also determine how disclosing the documents could cause harm to the Agency.

The Denial Coordinator is responsible for storing and maintaining denied documents. These materials are to be kept in a designated locked storage cabinet. Should the documents be voluminous, or should the designated Assistant Regional Counsel and/or designated Remedial Program Management not wish to release these documents to the Denial Coordinator, a signed statement from the Site Attorney and/or Remedial Program Manager will be provided to the Denial Coordinator indicating the location of the denied documents.


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