Mitigation Plans under the Exceptional Events Rule
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| Submitted | June 2, 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 Air Quality Management Division of the Washoe County Health District 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: Washoe County Health District
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Service Request Details
ID 137711
Date/Time 6/2/2023 11:21 AM
Type Air Quality - Public Records Requests
Address Area - Washoe County
Comments Nevada Public Records Act Request: Mitigation Plans under the Exceptional Events Rule
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 Air Quality Management Division of the Washoe County Health District 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 . (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
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Washoe County, NV
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2023-06-02 18:21:05Z
From: Washoe County Health District
Activity
Washoe County, NV
Activity was posted on a service request that you filed.
Activity Comments
Greetings,
This is a confirmation of your public records request received by the Washoe County Manager’s Office. Your request has been routed to the appropriate staff within Washoe County.
Staff will respond within 5 business days as allowed by NRS 239.0107 (1).
Sincerely,
Washoe311 Service Center - Public Records Requests
Communications Division | Office of the County Manager
washoe311-PRR@washoecounty.gov | Office: 3-1-1 | 775.328.2003 | Fax: 775.328.2491
1001 E. Ninth St., Bldg A, Reno, NV 89512
NOTICE: This communication, including any attachments, may contain confidential information and is intended only for the individual or entity whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the recipient is strictly prohibited by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. If you are not the intended recipient, please contact the sender by reply email, delete and destroy all copies of the original message.
Service Request Details
ID 137711
Date/Time 6/2/2023 11:21 AM
Type Air Quality - Public Records Requests
Address Area - Washoe County
Comments Nevada Public Records Act Request: Mitigation Plans under the Exceptional Events Rule
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 Air Quality Management Division of the Washoe County Health District 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 . (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
View request history, upload responsive documents, and report problems here: https://www.muckrock.com/ (https://www.muckrock.com/
If prompted for a passcode, please enter: ••••••••
Filed via MuckRock.com [ http://MuckRock.com] (http://MuckRock.com)
E-mail (Preferred): requests@muckrock.com
Washoe County, NV
Unsubscribe (https://washoecountynv.qscend.com/311/account/unsubscribe/?token=96bfacbb-5c6f-4522-aded-5f30e90ad83c)
2023-06-02 18:24:23Z
From: Washoe County Health District
Dear Dillon,
Thank you for the Public Records Request (PRR) submitted to the Air Quality Management Division (AQMD), Washoe County Health District on June 2, 2023. The AQMD has reviewed the PRR and is determining how many days to complete the request. Once all documents are compiled, the AQMD will send a follow-up email with the information requested.
Sincerely,
Public Records Staff
Air Quality Management Division | Washoe County Health District
AQMDPRR@washoecounty.gov<mailto:AQMDPRR@washoecounty.gov> | O: (775) 784-7200 | 1001 E. Ninth St., Bldg. B, Reno, NV 89512
OurCleanAir.com<http://www.ourcleanair.com/>
[Signature Block WCHD_PH_Logos]<http://www.washoecounty.us/health>
ü Please consider the environment before printing this e-mail.
From: Washoe County Health District
Dear Requestor,
Thank you for the Public Records Request (PRR) submitted to the Air Quality Management Division (AQMD) on June 2, 2023. The AQMD has reviewed the request and has determined:
1. The link provided in the public records request references the requirement of Washoe County to develop an ozone mitigation plan within two years of EPA's notification to develop such plans. The Nevada Division of Environmental Protection (NDEP) was notified by EPA on April 27, 2022 that Washoe County is required to develop an ozone mitigation plan following the public comment process. The Washoe County Health District, Air Quality Management Division (AQMD) does not currently have any public records related to the ozone mitigation plan that is due to EPA by April 27, 2024.
2. The attached zip file contains PM2.5 mitigation plan documents from Washoe County's last required mitigation plan in 2018, including correspondence to and from EPA.
3. More information regarding the ozone mitigation plan will be available as AQMD works with EPA through the public comment process. You may subscribe here<https://www.washoecounty.gov/health/programs-and-services/air-quality/sign-up-updates.php> to receive emails regarding public comment periods for draft plans and other air quality information.
The AQMD considers PRR No. 000242 to be complete.
Please submit air quality related records requests to at AQMDPRR@washoecounty.gov<mailto:AQMDPRR@washoecounty.gov> with Name, Address, Email, Phone, and specify what information you are requesting
OR
You can submit a request to Washoe 311 at the following link: Washoe County Public Records Request<https://www.washoecounty.gov/311/prr-request-form.php>
Sincerely,
Public Records Staff
Air Quality Management Division | Washoe County Health District
AQMDPRR@washoecounty.gov<mailto:AQMDPRR@washoecounty.gov> | O: (775) 784-7200 | 1001 E. Ninth St., Bldg. B, Reno, NV 89512
OurCleanAir.com<http://www.ourcleanair.com/>
<http://www.washoecounty.us/health>
* Please consider the environment before printing this e-mail.
