SAMPLE
LETTER
A
 
Proposed
Version
REQUEST
FOR
SUBSTANTIATION
FROM
AN
AFFECTED
BUSINESS
IN
RESPONSE
TO
A
REQUEST
UNDER
THE
FREEDOM
OF
INFORMATION
ACT
(
date
stamp)

Approved
OMB
(
XXXX­
XXXX)
Approval
expires
(
XX/
XX/
XX)

BY
CERTIFIED
U.
S.
MAIL;
RETURN
RECEIPT
REQUESTED
(
Name,
title,
and
address
of
the
[
designated]
representative
of
the
affected
business)

Re:
Freedom
of
Information
Act
("
FOIA")
Request
XX­
RIN­
XXXXX­
XX
Dear
(
Addressee):

The
U.
S.
Environmental
Protection
Agency
("
EPA"
or
"
Agency")
has
received
a
request
under
the
FOIA
for
certain
records
that
you
submitted
to
EPA
pertaining
to
[
description
of
the
information
that
is
the
subject
of
the
advance
or
final
confidentiality
determination].
You
have
claimed
(
all
or
part)
of
this
information
as
confidential
business
information
("
CBI").
In
accordance
with
applicable
EPA
regulations
(
40
C.
F.
R.
Part
2,
Subpart
B),
the
request
has
been
initially
denied
to
afford
you
an
opportunity
to
substantiate
your
claim
before
a(
n)
(
advance
or
final)
confidentiality
determination
is
made.

This
letter
is
to
notify
you
that
the
EPA
(
appropriate
legal
office)
will
be
making
a(
n)
(
advance
or
final)
confidentiality
determination
concerning
this
information.
If
you
feel
that
some
or
all
of
the
above
information
is
entitled
to
confidential
treatment,
please
specify
which
portions
of
the
information
you
consider
confidential.
Please
be
specific
by
page,
paragraph,
and
sentence
when
identifying
the
information
subject
to
your
claim.
Any
information
not
specifically
identified
as
subject
to
a
confidentiality
claim
will
be
disclosed
to
the
requestor
without
further
notice
to
you.
For
each
item
or
class
of
information
that
you
identify
as
being
subject
to
your
claim,
please
answer
the
following
questions,
giving
as
much
detail
as
possible:

1.
For
what
period
of
time
do
you
request
that
the
information
be
maintained
as
confidential?
If
the
occurrence
of
a
specific
event
will
eliminate
the
need
for
confidentiality,
please
specify
that
event.

2.
Information
submitted
to
EPA
becomes
stale
over
time.
Why
should
the
information
you
claim
as
confidential
be
protected
for
the
time
period
specified
in
your
answer
to
question
#
1?
2
3.
What
measures
have
you
taken
to
protect
the
information
claimed
as
confidential?
Have
you
disclosed
the
information
to
anyone
other
than
a
governmental
body
or
someone
who
is
bound
by
an
agreement
not
to
disclose
the
information
further?
If
so,
why
should
the
information
still
be
considered
confidential?

4.
Is
the
information
contained
in
any
publicly
available
material
such
as
the
Internet,
publicly
available
databases,
promotional
publications,
annual
reports,
or
articles?
Is
there
any
means
by
which
a
member
of
the
public
could
obtain
access
to
the
information?
Is
the
information
of
a
kind
that
you
would
customarily
not
release
to
the
public?

5.
Has
any
governmental
body
made
a
determination
as
to
the
confidentiality
of
the
information?
If
so,
please
attach
a
copy
of
the
determination.

6.
For
each
category
of
information
claimed
as
confidential,
explain
with
specificity
why
release
of
the
information
is
likely
to
cause
substantial
harm
to
your
competitive
position.
Explain
the
specific
nature
of
those
harmful
effects,
why
they
should
be
viewed
as
substantial,
and
the
causal
relationship
between
disclosure
and
such
harmful
effects.
How
is
the
information
used
in
your
business,
and
how
could
your
competitors
make
use
of
this
information
to
your
detriment?

7.
Do
you
assert
that
the
information
is
submitted
on
a
voluntary
or
a
mandatory
basis?
Please
explain
the
reason
for
your
assertion.

8.
Any
other
issue
you
deem
relevant.

Please
note
that
you
bear
the
burden
of
substantiating
your
confidentiality
claim.
Conclusory
allegations
will
be
given
little
or
no
weight
in
the
determination.
If
you
wish
to
claim
any
of
the
information
in
your
response
as
confidential,
you
must
mark
the
response
"
CONFIDENTIAL"
or
with
a
similar
designation,
and
must
bracket
all
text
so
claimed.
Information
so
designated
will
be
disclosed
by
EPA
only
to
the
extent
allowed
by,
and
by
means
of
the
procedures
set
forth
in,
40
C.
F.
R.
Part
2,
Subpart
B.
If
you
fail
to
claim
the
information
as
confidential,
it
may
be
made
available
to
the
public
without
further
notice
to
you.

Your
comments
must
be
postmarked
or
hand
delivered
to
this
office,
or
e­
mailed
to
(
email
address),
by
the
15th
working
day
after
your
receipt
of
this
letter.
You
may
seek
an
extension
of
time
to
submit
your
comments
to
this
office,
but
the
request
must
be
made
before
the
end
of
the
15­
day
period.
Except
in
extraordinary
circumstances,
no
extension
will
be
approved.
Failure
to
submit
your
comments
within
that
time
will
be
regarded
as
a
waiver
of
your
confidentiality
claim
or
claims,
and
EPA
will
be
free
to
release
the
information.
3
Should
you
have
any
questions
concerning
this
matter,
please
call
me
at
(
telephone
number).

Sincerely,

___________________________________________
(
Signature
and
Title
and
Office
Name
and
Address)
