Re: Expedited Freedom of Information Act Request
It is a clone of this request.
| Tracking # |
EPA-2023-002768 EPA-R3-2023-002768 EPA-2023-002768 |
| Submitted | March 1, 2023 |
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Communications
From: Dillon Bergin
This is an expedited request by the Brown Institute for Media Innovation, MuckRock, and the California Newsroom (“Brown Institute,”“MuckRock,” and “California Newsroom”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, for all submitted, denied and confirmed exceptional events related to criteria pollutants. A partial list of Example Submissions, Demonstrations and EPA responses prepared under the 2016 Exceptional Events Rule has been publicly posted by the EPA here: https://www.epa.gov/air-quality-analysis/example-demonstrations-and-epa-responses-prepared-under-2016-exceptional
Document Request
We seek copies of the following records submitted to and prepared by the EPA Regional Office between September 30, 2016, through February 15, 2023:
1. All initial notification packages created by state, local, or tribal agencies now held by the EPA Regional Office. By this language, we intend to include emails or any other records of communication containing, for example, the potential date of event, relevant criteria pollutant, location, and potential regulatory decision affected (such as designation, classification, attainment determination, attainment date extension, or finding of SIP inadequacy leading to SIP call). An example of an Initial Notification Summary for PM2.5 from EPA Region 9 has been attached to this request.
2. Any acknowledgement or response from EPA to initial notifications or notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
4. All subsequent responses and decisions communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
We request that all of these records be produced in their native electronic formats with any attached metadata included, so long as such electronic files can be opened using standard commercially available software. If the files cannot be produced in this manner, we request that records be produced in an alternative electronic format that is text-searchable. 5 U.S.C. § 552(a)(3)(B)
Fee Waiver Request
A waiver of search and review fees is appropriate here because disclosure of the requested information is in the public interest under 5 U.S.C. § 552(a)(4)(A)(iii) and 45 C.F.R. § 5.54(a), (b)(1)-(2), and because the request is not primarily in the Brown Institute, MuckRock, or California Newsroom’s commercial interest, 45 C.F.R.§§ 5.45(a), (b)(3)(ii).
Disclosure Is in the Public Interest
Disclosure of the requested information is likely to contribute significantly to the public understanding of the regulation of air pollution, which is harmful to human health. 45 C.F.R. § 5.54(b)(1). In particular, the requested information will shed light on exceptional events, a mechanism used by regulators to account for and exclude air pollution, information which is not “already in the public domain.” 45 C.F.R. § 5.54(b)(2)(i). As a nonprofit organization assisting other news media organizations on coverage of federal government policy, we have demonstrated our “ability and intention to effectively convey information to the public.” 45 C.F.R. § 5.54(b)(2)(ii).
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.
Request for Expedited Processing
We also ask that the information requested be disclosed on an expedited basis. Expedited processing is appropriate here because a “compelling need” exists for disclosure of the requested information. 5 U.S.C. § 552(a)(6)(E)(i)(I). A compelling need exists when, with respect to a request made by a person primarily engaged in disseminating information to the public, there is “an urgent need to inform the public about an actual or alleged Federal Government activity.” 45 C.F.R. §5.27(b)(2).
As a news organization, we are primarily engaged in disseminating information to the public. Over the last several years, wildfires have grown, and with them, so has pollution from particulate matter and ozone. Climate change is a significant factor in the understanding of five of the six criteria pollutants, and understanding how criteria pollution overall is excepted is crucial to public understanding of the management of health risks. The information requested thus concerns “a matter of exigency to the American public” and “the consequences of delaying a response would compromise a significant recognized interest.” Bloomberg, L.P. v. United States Food & Drug Admin., 500 F. Supp. 2d 371, 377 (S.D.N.Y. 2007) (quoting Al-Fayed v. C.I.A., 254 F.3d 300, 310 (D.C. Cir. 2001)).
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.
***
Thank you for your prompt attention to this request. If you have any questions or concerns about what we are seeking, please do not hesitate to contact us at the email address below. Pursuant to the applicable FOIA provision and departmental regulations, we expect a response regarding this request within the ten (10) working day time limit set by law. 45 C.F.R. § 5.27(c); 5 U.S.C. § 552(a)(6)(E)(ii)(I).
Sincerely,
Brown Institute, MuckRock, and California Newsroom
℅ Brown Institute for Media Innovation
2950 Broadway
New York NY 10027
From: Environmental Protection Agency, Region 3
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-2023-002768&type=Request)
* Tracking Number: EPA-2023-002768
* Requester Name:
Dillon Bergin
* Date Submitted: 03/01/2023
* Request Status: Submitted
* Description:
This is an expedited request by the Brown Institute for Media Innovation, MuckRock, and the California Newsroom (“Brown Institute,”“MuckRock,” and “California Newsroom”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, for all submitted, denied and confirmed exceptional events related to criteria pollutants. A partial list of Example Submissions, Demonstrations and EPA responses prepared under the 2016 Exceptional Events Rule has been publicly posted by the EPA here: https://www.epa.gov/air-quality-analysis/example-demonstrations-and-epa-responses-prepared-under-2016-exceptional
Document Request
We seek copies of the following records submitted to and prepared by the EPA Regional Office between September 30, 2016, through February 15, 2023:
1. All initial notification packages created by state, local, or tribal agencies now held by the EPA Regional Office. By this language, we intend to include emails or any other records of communication containing, for example, the potential date of event, relevant criteria pollutant, location, and potential regulatory decision affected (such as designation, classification, attainment determination, attainment date extension, or finding of SIP inadequacy leading to SIP call). An example of an Initial Notification Summary for PM2.5 from EPA Region 9 has been attached to this request.
2. Any acknowledgement or response from EPA to initial notifications or notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
4. All subsequent responses and decisions communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
We request that all of these records be produced in their native electronic formats with any attached metadata included, so long as such electronic files can be opened using standard commercially available software. If the files cannot be produced in this manner, we request that records be produced in an alternative electronic format that is text-searchable. 5 U.S.C. § 552(a)(3)(B)
Fee Waiver Request
A waiver of search and review fees is appropriate here because disclosure of the requested information is in the public interest under 5 U.S.C. § 552(a)(4)(A)(iii) and 45 C.F.R. § 5.54(a), (b)(1)-(2), and because the request is not primarily in the Brown Institute, MuckRock, or California Newsroom’s commercial interest, 45 C.F.R.§§ 5.45(a), (b)(3)(ii).
Disclosure Is in the Public Interest
Disclosure of the requested information is likely to contribute significantly to the public understanding of the regulation of air pollution, which is harmful to human health. 45 C.F.R. § 5.54(b)(1). In particular, the requested information will shed light on exceptional events, a mechanism used by regulators to account for and exclude air pollution, information which is not “already in the public domain.” 45 C.F.R. § 5.54(b)(2)(i). As a nonprofit organization assisting other news media organizations on coverage of federal government policy, we have demonstrated our “ability and intention to effectively convey information to the public.” 45 C.F.R. § 5.54(b)(2)(ii).
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.
Request for Expedited Processing
We also ask that the information requested be disclosed on an expedited basis. Expedited processing is appropriate here because a “compelling need” exists for disclosure of the requested information. 5 U.S.C. § 552(a)(6)(E)(i)(I). A compelling need exists when, with respect to a request made by a person primarily engaged in disseminating information to the public, there is “an urgent need to inform the public about an actual or alleged Federal Government activity.” 45 C.F.R. §5.27(b)(2).
As a news organization, we are primarily engaged in disseminating information to the public. Over the last several years, wildfires have grown, and with them, so has pollution from particulate matter and ozone. Climate change is a significant factor in the understanding of five of the six criteria pollutants, and understanding how criteria pollution overall is excepted is crucial to public understanding of the management of health risks. The information requested thus concerns “a matter of exigency to the American public” and “the consequences of delaying a response would compromise a significant recognized interest.” Bloomberg, L.P. v. United States Food & Drug Admin., 500 F. Supp. 2d 371, 377 (S.D.N.Y. 2007) (quoting Al-Fayed v. C.I.A., 254 F.3d 300, 310 (D.C. Cir. 2001)).
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.
***
Thank you for your prompt attention to this request. If you have any questions or concerns about what we are seeking, please do not hesitate to contact us at the email address below. Pursuant to the applicable FOIA provision and departmental regulations, we expect a response regarding this request within the ten (10) working day time limit set by law. 45 C.F.R. § 5.27(c); 5 U.S.C. § 552(a)(6)(E)(ii)(I).
Sincerely,
Brown Institute, MuckRock, and California Newsroom
℅ Brown Institute for Media Innovation
2950 Broadway
New York NY 10027
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/Dillon-Bergin/118843/EE-Initial-Notification-Summary-Example.pdf
https://cdn.muckrock.com/outbound_composer_attachments/Dillon-Bergin/118843/Expedited-FOIA-Request.pdf
Upload documents directly: https://www.muckrock.com/
From: Environmental Protection Agency, Region 3
03/02/2023
Dillon Bergin
MuckRock News, DEPT MR141659
263 Huntington Ave
Boston, MA, 02115
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2023-002768
Hello:
Please see attached.
Sincerely,
National FOIA Office
U.S. Environmental Protection Agency
From: Environmental Protection Agency, Region 3
The FOIA request EPA-2023-002768 has had its Tracking Number changed to EPA-R3-2023-002768. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number:
EPA-2023-002768
* New Tracking Number:
EPA-R3-2023-002768
* Requester Name:
Dillon Bergin
* Date Submitted:
03/01/2023
* Long Description:
This is an expedited request by the Brown Institute for Media Innovation, MuckRock, and the California Newsroom (“Brown Institute,”“MuckRock,” and “California Newsroom”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, for all submitted, denied and confirmed exceptional events related to criteria pollutants. A partial list of Example Submissions, Demonstrations and EPA responses prepared under the 2016 Exceptional Events Rule has been publicly posted by the EPA here: https://www.epa.gov/air-quality-analysis/example-demonstrations-and-epa-responses-prepared-under-2016-exceptional
Document Request
We seek copies of the following records submitted to and prepared by the EPA Regional Office between September 30, 2016, through February 15, 2023:
1. All initial notification packages created by state, local, or tribal agencies now held by the EPA Regional Office. By this language, we intend to include emails or any other records of communication containing, for example, the potential date of event, relevant criteria pollutant, location, and potential regulatory decision affected (such as designation, classification, attainment determination, attainment date extension, or finding of SIP inadequacy leading to SIP call). An example of an Initial Notification Summary for PM2.5 from EPA Region 9 has been attached to this request.
2. Any acknowledgement or response from EPA to initial notifications or notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
4. All subsequent responses and decisions communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
We request that all of these records be produced in their native electronic formats with any attached metadata included, so long as such electronic files can be opened using standard commercially available software. If the files cannot be produced in this manner, we request that records be produced in an alternative electronic format that is text-searchable. 5 U.S.C. § 552(a)(3)(B)
Fee Waiver Request
A waiver of search and review fees is appropriate here because disclosure of the requested information is in the public interest under 5 U.S.C. § 552(a)(4)(A)(iii) and 45 C.F.R. § 5.54(a), (b)(1)-(2), and because the request is not primarily in the Brown Institute, MuckRock, or California Newsroom’s commercial interest, 45 C.F.R.§§ 5.45(a), (b)(3)(ii).
Disclosure Is in the Public Interest
Disclosure of the requested information is likely to contribute significantly to the public understanding of the regulation of air pollution, which is harmful to human health. 45 C.F.R. § 5.54(b)(1). In particular, the requested information will shed light on exceptional events, a mechanism used by regulators to account for and exclude air pollution, information which is not “already in the public domain.” 45 C.F.R. § 5.54(b)(2)(i). As a nonprofit organization assisting other news media organizations on coverage of federal government policy, we have demonstrated our “ability and intention to effectively convey information to the public.” 45 C.F.R. § 5.54(b)(2)(ii).
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.
Request for Expedited Processing
We also ask that the information requested be disclosed on an expedited basis. Expedited processing is appropriate here because a “compelling need” exists for disclosure of the requested information. 5 U.S.C. § 552(a)(6)(E)(i)(I). A compelling need exists when, with respect to a request made by a person primarily engaged in disseminating information to the public, there is “an urgent need to inform the public about an actual or alleged Federal Government activity.” 45 C.F.R. §5.27(b)(2).
As a news organization, we are primarily engaged in disseminating information to the public. Over the last several years, wildfires have grown, and with them, so has pollution from particulate matter and ozone. Climate change is a significant factor in the understanding of five of the six criteria pollutants, and understanding how criteria pollution overall is excepted is crucial to public understanding of the management of health risks. The information requested thus concerns “a matter of exigency to the American public” and “the consequences of delaying a response would compromise a significant recognized interest.” Bloomberg, L.P. v. United States Food & Drug Admin., 500 F. Supp. 2d 371, 377 (S.D.N.Y. 2007) (quoting Al-Fayed v. C.I.A., 254 F.3d 300, 310 (D.C. Cir. 2001)).
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.
***
Thank you for your prompt attention to this request. If you have any questions or concerns about what we are seeking, please do not hesitate to contact us at the email address below. Pursuant to the applicable FOIA provision and departmental regulations, we expect a response regarding this request within the ten (10) working day time limit set by law. 45 C.F.R. § 5.27(c); 5 U.S.C. § 552(a)(6)(E)(ii)(I).
Sincerely,
Brown Institute, MuckRock, and California Newsroom
℅ Brown Institute for Media Innovation
2950 Broadway
New York NY 10027
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/Dillon-Bergin/118843/EE-Initial-Notification-Summary-Example.pdf
https://cdn.muckrock.com/outbound_composer_attachments/Dillon-Bergin/118843/Expedited-FOIA-Request.pdf
Upload documents directly: https://www.muckrock.com/
From: Environmental Protection Agency, Region 3
Hi:
Please see attached.
Sincerely,
EPA National FOIA Office
From: Environmental Protection Agency, Region 3
Your request for Expedited Processing for the FOIA request EPA-R3-2023-002768 has been
denied.
* Expedited Processing Disposition Reason:
Expedited processing determination letter sent to requester 3/2/2023
From:
Good day, Mr. Bergin:
I am requesting an extension for FOIA (002768) until May 16th to provide the subject matter experts (SME) more time for email search & review of responsive records, provide managers response to redactions (if applicable) & the FOIA close out process. Please provide your response to whether or not you are in agreement with this request at your earliest convenience. Thank you for your patience.
Donna M. Bostic
Government Information Specialist
U.S. EPA, Region 3
Office of Regional Council/FOIA Branch
1650 Arch Street/MC: 3RC70
Philadelphia, PA 19103
215-814-2608 (o)
215-814-2603 (f)
Bostic.donna@epa.gov<mailto:Bostic.donna@epa.gov>
FOIAonline - https://foiaonline.gov<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffoiaonline.gov%2F&data=05%7C01%7CBostic.Donna%40epa.gov%7Ce4f4a0d0d72545f530ad08db1a8beeb1%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638132960528481351%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=BuljGpd0dtSPm%2BC6SjbrbAJeijaBy82ouRSZ2427CcI%3D&reserved=0>
From:
From: Bostic, Donna
Sent: Monday, March 06, 2023 11:13 AM
To: requests@muckrock.com
Subject: FOIA: 002768--EPA FOIA Extension Request----Prompt Reply Requested--
Importance: High
Good day, Mr. Bergin:
I am requesting an extension for FOIA (002768) until May 16th to provide the subject matter experts (SME) more time for email search & review of responsive records, provide managers response to redactions (if applicable) & the FOIA close out process. Please provide your response to whether or not you are in agreement with this request at your earliest convenience. Thank you for your patience.
Donna M. Bostic
Government Information Specialist
U.S. EPA, Region 3
Office of Regional Council/FOIA Branch
1650 Arch Street/MC: 3RC70
Philadelphia, PA 19103
215-814-2608 (o)
215-814-2603 (f)
Bostic.donna@epa.gov<mailto:Bostic.donna@epa.gov>
FOIAonline - https://foiaonline.gov<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffoiaonline.gov%2F&data=05%7C01%7CBostic.Donna%40epa.gov%7Ce4f4a0d0d72545f530ad08db1a8beeb1%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638132960528481351%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=BuljGpd0dtSPm%2BC6SjbrbAJeijaBy82ouRSZ2427CcI%3D&reserved=0>
From: Dillon Bergin
Hi Donna,
Thank you for reaching back out to me. Would you be amenable to fulfilling this request on a rolling basis (as documents are identified, prepared and ready to send out) as you work towards May 16th?
My best,
Dillon
From: Environmental Protection Agency, Region 3
Hi:
Please see attached.
Sincerely,
EPA National FOIA Office
From: Environmental Protection Agency, Region 3
Your request for Fee Waiver for the FOIA request EPA-R3-2023-002768 has been
denied.
* Fee Waiver Disposition Reason:
Sent fee waiver determination letter to requester 3/14/2023
From:
Good afternoon, Mr. Bergin
Please respond as soon as possible to your agreement of May 16th extension. If files become available we will send those documents as interim response. Please reply to: bostic.donna@epa.gov<mailto:bostic.donna@epa.gov>. Thank you
From: Dillon Bergin
Hi Donna,
I agree to the May 16th extension with the stipulation that if become available you will send those documents as interim response.
What is currently the estimated amount of fees to fulfill this request?
Best,
Dillon
From: Environmental Protection Agency, Region 3
Good Afternoon Dillon,
I am getting ready to begin reviewing the email collection for the above referenced FOIA relating to Exceptional Events.
To inform and expedite my review, please answer the below questions. Are you interested in receiving:
1. Meeting invitations
2. Guidance documents not related to any specific exceptional event
3. News articles or links
4. Internal news summaries sent internally and summarizing other documents you will be receiving
I look forward to hearing from you so my review can begin in earnest!
Thanks in Advance,
[cid:image002.jpg@01D96238.65855DB0]Megan Bradley
Program Analyst
US EPA Mid-Atlantic Region
Phone 215-814-2052
Email bradley.megan@epa.gov<mailto:bradley.megan@epa.gov>
[Title: Facebook - Description: Facebook icon]<https://www.facebook.com/EPAregion3> [Title: Twitter - Description: Twitter icon] <https://twitter.com/EPAregion3>
From: Dillon Bergin
Hi Bradley,
Thanks for reaching out to ask about these types of news articles and documents. I agree to exclude these four types of documents from our request.
My best,
Dillon
From: Environmental Protection Agency, Region 3
Good afternoon, Mr. Bergin
Please find attached EPA FOIA extension letter for FOIA: 002768. In addition, we ask that you please confirm receipt of this letter by April 17, 2023. Please provide your response directly to: bostic.donna@epa.gov. Thank you. (mailto:bostic.donna@epa.gov)
Donna Bostic
FOIA Coordinator
From: Dillon Bergin
Hi Donna,
Thank you for getting back to us on this. After reading your request for extension, I'd like to ask if you'd instead be willing to modify the request in a way that would make the search and examination of records quicker.
We filed a similar request to EPA Region 9, and they proposed modifying the request to just a search for the following: (1) initial notification submissions that led to exceptional event demonstration submissions, (2) exceptional event demonstration submissions, and (3) EPA’s responses to these initial notification and exceptional event demonstration submissions. This would exclude our final request (4) All subsequent responses and decisions communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
Region 9 indicated that fulfilling a request for the first three types of related documents take about 4 weeks, while a broader search that includes additional email digital records may take about 12 weeks. Modifying the request in this way would not preclude us from then asking for the latter set of documents that includes email records. However, separating them out at this stage would make the search easier on your end and help us to receive the initial set of documents in shorter time frame.
Would you be willing to modify the request in this way?
I've attached the Request for Modification letter from EPA Region 9 to this email for your reference.
Best,
Dillon Bergin
From: Environmental Protection Agency, Region 3
Good aftgernoon, Mr. Bergin
Please find attached EPA Interim Release Letter regarding FOIA: 002768. Thank you for your patience.
Donna Bostic
FOIA Coordinator
From: Environmental Protection Agency, Region 3
EPA-R3-2023-002768 has been approved for an interim release.
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: Over the next 2 hours, these records are also being added to FOIAonline's search pages, further enabling you to retrieve these documents associated with your FOIA request at any time. View Records (https://foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-R3-2023-002768&type=Request)
-
EPA-R3-2023-002768_Records
From: Dillon Bergin
Hi,
I'd like to inquire about the status of my request and the estimated completion date that was previously May 15, 2023.
When will this request be completed?
My best,
Dillon Bergin
From: Environmental Protection Agency, Region 3
The processing of your FOIA request is complete. You will be able to review records responsive to your request within two hours of this email on FOIAonline. Please see the attached letter for further information.
From: Dillon Bergin
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Dillon Bergin
Files
pages