Mitigation Plans under the Exceptional Events Rule
It is a clone of this request.
| Submitted | June 2, 2023 |
| Est. Completion | July 18, 2023 |
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Communications
From: Dillon Bergin
To Whom It May Concern:
Pursuant to the Nevada Public Records Act, I hereby request the following records:
1. All draft and final mitigation plans and packages created by the Division of Air Quality in the Clark County Department of Environment and Sustainability as required by the EPA under the Exceptional Events Rule , according to https://www.epa.gov/air-quality-analysis/additional-areas-subject-mitigation-plan-requirements-under-exceptional-events.
2. Any acknowledgement or response from the EPA to mitigation plans or packages.
3. All subsequent responses, decisions and correspondence communicated by the EPA about mitigation plans, including approvals, denials or requests for more information.
Please note that this request was first filed with the Nevada Division of Environment Protection who said that it did not have jurisdiction over Washoe or Clark County, and this request would thus have to be filed separately to the according agencies in those two counties.
Request for Explanation of Withholdings and Redactions
If this request is denied in whole or in part, please provide a reasonable description of any withheld materials and a justification for all such withholdings that includes reference to the specific FOIA exemptions authorizing withholding and specific reasons why such exemptions apply. 45 C.F.R. § 5.31. An agency shall withhold information only if “the agency reasonably foresees that disclosure would harm an interest protected by an exemption” or “disclosure is prohibited by law.” 5 U.S.C. § 552(a)(8)(A)(i). We therefore request that if the EPA determines that an exemption applies that it also provide specific reasons why disclosure would harm any interest protected by such exemption. An agency shall also “consider whether partial disclosure of information is possible whenever the agency determines that a full disclosure of a requested record is not possible” and “take reasonable steps necessary to segregate and release nonexempt information.” Id. 552(a)(8)(A)(ii). We therefore request that the EPA release all segregable portions of otherwise exempt material.
Limitation of Fees
We are also entitled to a limitation of fees because we are a member of the news media. 45 C.F.R. § 5.53(b); 5 U.S.C. § 552(a)(4)(A)(ii)(II). Accordingly, even if our application for a waiver of all fees is denied, we are entitled to a limitation of fees. As a news media requester, we are “entitled to search time, review time, and up to 100 pages of duplication” and can be charged only duplication fees after the first 100 pages or its cost equivalent. 45 C.F.R. § 5.53(b). We request that the information be provided in its native electronic format, and thus there should be no duplication fees.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Dillon Bergin
From: Clark County Air Quality And Environmental Management
Good afternoon Dillon Bergin,
The department has received your records request. Due to the amount of information this encompasses, the department will require additional time to fulfill the request. All Exceptional Events Packages, Contracts, and EPA Responses will be provided by COB 6/21/2023 and all other items will be provided by COB 7/18/2023.
I will keep you updated as applicable and if you have any questions, feel free to contact me.
Regards,
Jennifer Lipkin
Senior Air Quality Specialist | Division of Air Quality | Department of Environment and Sustainability
Lipkin@ClarkCountyNV.gov<mailto:Lipkin@ClarkCountyNV.gov> | O: 702-455-1634 | C: 702-306-2299
4701 West Russell Road, Suite 200, Las Vegas, NV 89118 | counter hours M-Th 7:30 am to 5:30 pm
DES homepage<https://www.clarkcountynv.gov/government/departments/environment_and_sustainability/index.php>
From: Clark County Air Quality And Environmental Management
I'm using Mimecast to share large files with you. Please see the attached instructions.
Hello Dillon,
Attached is part of your records request. Since there are many documents, I will be sending this in 2-3 emails. Regards, Pamela Dittmar Small Business Assistance Administrative Specialist | Division of Air Quality | Department of Environment and Sustainability pamela.dittmar@ClarkCountyNV.gov | O: 702-455-2025 4701 West Russell Road, Suite 200, Las Vegas, NV 89118 DES homepage From: Air Quality <airquality@ClarkCountyNV.gov>
From: Clark County Air Quality And Environmental Management
I'm using Mimecast to share large files with you. Please see the attached instructions.
Hello Dillon,
Attached is the additional records request. Please read attached signed letter advising you of when the other portion of records will be sent to you. The response letter is the same as in the 1 st email but the letter is last document on these attachments. Regards, Pamela Dittmar Small Business Assistance Administrative Specialist | Division of Air Quality | Department of Environment and Sustainability pamela.dittmar@ClarkCountyNV.gov | O: 702-455-2025 4701 West Russell Road, Suite 200, Las Vegas, NV 89118 DES homepage From: Air Quality <airquality@ClarkCountyNV.gov>
There are too many files to display on this communication. See all files
From: Molly Peterson
Hello! We see 29 files. Are there more?
Thank you again,
Molly Peterson & Dillon Bergin
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Screen_Shot_2023-06-22_at_9.33.08_AM.png
From: Clark County Air Quality And Environmental Management
[?Folder icon] Muck Rock News<https://clarkcountynv-my.sharepoint.com/:f:/g/personal/pamela_dittmar_clarkcountynv_gov/Eg6FODU6MylDm-NWA0P0njAB05vGb73m-XxYiB0p9JSeTQ?e=9Nhq9Q>
Hello Molly,
This is another attempt to send you the 53 files. Please let me know if you received.
Thanks,
Pamela
There are too many files to display on this communication. See all files
From: Clark County Air Quality And Environmental Management
[Share image]
Pamela Dittmar shared a folder with you
Hello Molly,
let me know if you can open files on this platform. There are 53 files.
Thanks,
Pamela
<https://clarkcountynv-my.sharepoint.com/:f:/g/personal/pamela_dittmar_clarkcountynv_gov/Eg6FODU6MylDm-NWA0P0njAB05vGb73m-XxYiB0p9JSeTQ?e=5%3Auqb2ba>
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From: Clark County Air Quality And Environmental Management
Hi Molly,
I sent you the 53 files thru One Drive. I sent two different ways so let me know that you received.
Thx
Pamela
From: Muckrock Staff
Hello Pamela,
Thank you so much for you continued partnership on this request. Please know that we have received the files just fine through the first Share Point link. Thank you for following up!
Sincerely,
MuckRock Staff
From: Clark County Air Quality And Environmental Management
June 22. 2023
Excellent News! Thank you! Jennifer tried to call Molly back and got her voicemail. We are closed on Fridays. So, if a call comes in after 5pm today she will not return it until Monday. I will attach the response letter again that I sent with the 2 original emails even though I think you have it.
Thanks,
Pamela
Files
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