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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