Exceptional event notifications, demonstrations and correspondence (Department of Environmental Quality)
| Tracking # |
E312905-052923 |
| Multi Request | Exceptional event notifications, demonstrations and correspondence |
| Submitted | May 26, 2023 |
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Communications
From: Dillon Bergin
To Whom It May Concern:
Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:
1. All draft submissions and final submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
2. Any acknowledgement or response from EPA to regarding demonstration submissions or initial notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All subsequent responses, decisions and correspondence communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
Limitation of Fees
We are 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.
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.
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: Department of Environmental Quality
Mr. Bergin:
Thank you for your interest in public records of the Department of Environment, Great Lakes, and Energy (EGLE). Your request, legally received on 5/30/2023, has been assigned reference number E312905-052923 for tracking purposes. Description of Record(s) Requested: "To Whom It May Concern:
Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:
1. All draft submissions and final submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
2. Any acknowledgement or response from EPA to regarding demonstration submissions or initial notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All subsequent responses, decisions and correspondence communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
Limitation of Fees
We are 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.
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.
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
Upload documents directly: https://www.muckrock.com/ Address of Requested Site: ,
EGLE will respond to a request within 5 business days. If necessary, the Department may issue an extension for up to 10 additional business days.
From: Department of Environmental Quality
--- Please respond above this line ---
June 15, 2023 Reference Number: E312905-052923 Mr. Dillon Bergin MuckRock News MuckRock News, DEPT MR146460 Boston, MA 02115 Dear Mr. Bergin: This notice responds to your request for records received by the Department of Environment, Great Lakes, and Energy (EGLE), requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq.
The request was written as follows:
Describe the Record(s) Requested: To Whom It May Concern:
Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:
1. All draft submissions and final submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
2. Any acknowledgement or response from EPA to regarding demonstration submissions or initial notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All subsequent responses, decisions and correspondence communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
Your request is granted. EGLE states that, to the best of its knowledge, information, and belief, the records provided in the EGLE FOIA Request Center, represent all information in EGLE's possession responsive to your request.
Please download the responsive records here: EGLE FOIA Request Center. If you have any downloading problems, please make sure your Internet browser does not have a pop-up blocker preventing the download.
If you have questions concerning this matter, please access your online account and reply to the message found there. To review a copy of EGLE's FOIA policy and procedure, public written summary, and several online databases, go to www.michigan.gov/eglefoia.
Kind regards, EGLE FOIA
From: Dillon Bergin
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Dillon Bergin
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