When is it appropriate to release Board memoranda and meeting support materials?
The Agency considers the site-specific Board discussion materials, site names, and operable units under consideration to be deliberative and, where appropriate, enforcement confidential. Meeting participants do not discuss the reviews or site names for upcoming reviews with non-EPA staff. EPA staff should refer questions regarding the nature of the Board discussions and findings to the appropriate regional Board member or site manager. The product of a Board review is typically a memorandum from the Board Chair to the appropriate regional division director. While the Agency strives to be as open as possible about Board reviews, in some cases it may be appropriate for the Region to withhold the Board’s recommendations memorandum until the Region issues the proposed plan. At that point, the Region should place the memorandum in the appropriate site administrative record. The Region may release publicly its response to Board recommendations at its discretion, taking into account the inter
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