View Rule

The Environmental Protection Agency is developing a proposal to review its Freedom of Information Act (FOIA) regulations, 40 CFR Part 2, Subpart A, which were last updated in 2023, to comply with EO 14151, Ending Radical And Wasteful Government DEI Programs And Preferencing. EPA is proposing to remove the provision allowing requesters to apply for expedited processing and a fee waiver for their request if the records sought pertain to an environmental justice-related need and will be used to inform an affected community. Section 2(A) of E.O. 14151, calls for the termination of "agency or department DEI, DEIA, or 'environmental justice' positions, committees, programs, services, activities, budgets, and expenditures in existence on November 4, 2024. The environmental justice expedited processing provision falls under this category and therefore the agency is proposing to rescind the regulations and remove the provision.