The U.S. Environmental Protection Agency (EPA) has unveiled its Phase II Freedom of Information Act (FOIA) final rule, an update aimed at modernizing the EPA's FOIA regulations to better serve the American public.

"The FOIA Phase II Rule takes significant steps towards ensuring the public can access information about the EPA’s efforts to protect its health and the environment. "

This final rule's primary objectives include enhancing transparency and accountability, making FOIA more cost-effective, and expediting access to information, particularly for communities that may face disproportionately adverse health or environmental effects. According to the EPA's press release, the rule introduces a new standard for expediting FOIA responses, in addition to the existing "compelling need" standard, when there is an urgent requirement to inform communities experiencing potentially severe health or environmental consequences. The EPA will also waive fees for such FOIA requests. According to the EPA's press release.

The Phase II FOIA Rule goes a step further by raising the threshold at which requesters are charged fees, benefiting all requesters and aligning the EPA's fee rates and regulatory provisions with the FOIA Statute, government-wide policy, and relevant case law. The EPA's press release notes that this rule contributes to the agency's objectives of fostering transparency and building public trust. It introduces various changes to the calculation and charging of fees for FOIA requests, modernizing the EPA's fee structure. Additionally, the EPA has updated fee rates and will no longer charge fees for requests totaling less than $250, representing a significant increase from the previous $14 threshold. Furthermore, the Phase II FOIA Rule updates sections of the EPA's FOIA regulations that have remained unchanged since at least 2002. According to the EPA's press release.

This action, which modernizes the EPA's FOIA regulations, continues the agency's ongoing efforts to enhance transparency through improvements in its FOIA program. According to the EPA's press release, these initiatives have already yielded significant results, including the elimination of the FOIA appeals backlog, reduced response times for appeals, and a substantial reduction in the backlog of FOIA responses reported to the Department of Justice. These achievements reflect the EPA's commitment to improving its FOIA processes and ensuring the public has timely access to information. According to the EPA's press release.