EPA Axes Fast-Track for Environmental Justice Information Requests
Published Date: 1/27/2026
Proposed Rule
Summary
The EPA is updating its Freedom of Information Act rules by removing the special fast-track process for Environmental Justice requests. This change affects anyone who asks the EPA for information and means those requests will now follow the regular timeline. You’ve got until February 26, 2026, to share your thoughts, and no new fees are expected from this update.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
EPA removes EJ fast-track FOIA rule
If you ask the EPA for records about environmental justice (EJ) issues, you will no longer be able to use the special EJ expedited processing (EJ EP) that was added on November 13, 2023. Requests that would have used EJ EP will now follow EPA's regular FOIA timeline. The agency notes that less than 2.7% of EJ EP requests were granted from November 13, 2023, through August 31, 2025.
Compelling-need expedited processing retained
If you show a "compelling need," you can still ask EPA to expedite your FOIA request. A compelling need is either an imminent threat to life or safety, or urgency to inform the public about federal government activity when the requester is primarily engaged in information dissemination; EPA must decide on expedited requests within 10 calendar days.
No new FOIA fees expected
EPA says this proposed change does not create new fees for FOIA requesters and that requesters can still request fee waivers under EPA FOIA regulations (40 CFR 2.104(n)).
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Key Dates
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