Exceptional event subsequent responses, decisions and correspondence
| Tracking # |
EPA-R10-2023-004637 EPA-2023-004637 EPA-2023-004637 |
| Submitted | May 26, 2023 |
| Due | June 28, 2023 |
| Est. Completion | None |
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Communications
From: Dillon Bergin
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
From September 30, 2016, through May 26, 2023:
1. Any acknowledgement or response from EPA to regarding exceptional event demonstration submissions or initial notification packages, as described in 40 C.F.R. 50.14 (Table 2).
2. All subsequent responses, decisions and correspondence communicated by the EPA and state or local agencies, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
3. Other communication regarding exceptional event submissions, including, but not limited to, approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
This request was originally part of EPA-R10-2023-002467, which was modified in agreement between Dillon Bergin and Region 10.
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 20 business days, as the statute requires.
Sincerely,
Dillon Bergin
From: Environmental Protection Agency, Region 10
Hello Dillon,
US EPA Region 10 received your request below via our general FOIA email inbox.
EPA Freedom Of Information Act regulations centralized the intake of requests submitted to EPA. As a result, requests received in this way are not considered to be properly submitted.
In order to properly submit a request to EPA, please submit a FOIA request via EPA's FOIAonline submission website at https://foiaonline.gov/foiaonline/action/public/home.
If you are unable to use the FOIAonline portal, or have questions regarding submittal procedures, please contact NFO at 202-566-1667 or hq.foia@epa.gov<mailto:hq.foia@epa.gov>.
Regards,
Sam Fox
FOIA Case Manager
U.S. Environmental Protection Agency, Region 10
Office of Regional Counsel
1200 Sixth Avenue, Suite 155, M/S ORC 11-C07
Seattle, Washington 98101-3144
(206) 553- 6983
From: Environmental Protection Agency, Region 10
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-2023-004637&type=Request)
* Tracking Number: EPA-2023-004637
* Requester Name:
Dillon Bergin
* Date Submitted: 06/06/2023
* Request Status: Submitted
* Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
From September 30, 2016, through May 26, 2023:
1. Any acknowledgement or response from EPA to regarding exceptional event demonstration submissions or initial notification packages, as described in 40 C.F.R. 50.14 (Table 2).
2. All subsequent responses, decisions and correspondence communicated by the EPA and state or local agencies, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
3. Other communication regarding exceptional event submissions, including, but not limited to, approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
This request was originally part of EPA-R10-2023-002467, which was modified in agreement between Dillon Bergin and Region 10.
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 20 business days, as the statute requires.
Sincerely,
Dillon Bergin
From: Environmental Protection Agency, Region 10
06/06/2023
Dillon Bergin
MuckRock News, DEPT MR146466
263 Huntington Ave
Boston, MA, 02115
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2023-004637
Hello:
Please see attached.
Sincerely,
National FOIA Office
U.S. Environmental Protection Agency
From: Environmental Protection Agency, Region 10
06/07/2023
Dillon Bergin
MuckRock News, DEPT MR146466
263 Huntington Ave
Boston, MA, 02115
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2023-004637
Hello:
Please see attached letter.
Sincerely,
National FOIA Office
U.S. Environmental Protection Agency
From: Environmental Protection Agency, Region 10
The FOIA request EPA-2023-004637 has had its Tracking Number changed to EPA-R10-2023-004637. 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-2023-004637
* New Tracking Number:
EPA-R10-2023-004637
* Requester Name:
Dillon Bergin
* Date Submitted:
06/06/2023
* Long Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
From September 30, 2016, through May 26, 2023:
1. Any acknowledgement or response from EPA to regarding exceptional event demonstration submissions or initial notification packages, as described in 40 C.F.R. 50.14 (Table 2).
2. All subsequent responses, decisions and correspondence communicated by the EPA and state or local agencies, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
3. Other communication regarding exceptional event submissions, including, but not limited to, approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
This request was originally part of EPA-R10-2023-002467, which was modified in agreement between Dillon Bergin and Region 10.
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 20 business days, as the statute requires.
Sincerely,
Dillon Bergin
From:
Hi Sam,
I see! I think it should be in the right place now.
Thanks,
Dillon
--
Data Reporter
*Mobile:* (267) 314-7952
*Email: *dillon@muckrock.com
*Twitter:* @DillonBergin
From: Environmental Protection Agency, Region 10
Hi:
Please see attached.
Sincerely,
EPA National FOIA Office
From: Environmental Protection Agency, Region 10
Your request for Fee Waiver for the FOIA request EPA-R10-2023-004637 has been
denied.
* Fee Waiver Original Justification:
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.
* Fee Waiver Disposition Reason:
Sent fee waiver determination letter to requester 6/13/2023
From: Dillon Bergin
Hi,
I'd like to follow-up on the status of my request. Do you know what the estimated completion date is?
My best,
Dillon Bergin
From: Environmental Protection Agency, Region 10
To Dillon Bergin:
Your EPA FOIA request (EPA-R10-2023-004637) has been processed with the following final response: No Records.
Please see attached correspondence for more information about this final response to your request.
Regards,
Sam Fox
FOIA Case Manager
U.S. Environmental Protection Agency, Region 10
Office of Regional Counsel
1200 Sixth Avenue, Suite 155, M/S ORC 11-C07
Seattle, Washington 98101-3144
(206) 553- 6983
fox.sam@epa.gov
From: Dillon Bergin
Hi Sam,
I just left you a voicemail about this response to my request. As written in the original language of my request: "This request was originally part of EPA-R10-2023-002467, which was modified in agreement between Dillon Bergin and Region 10."
In that original request I agreed to bifurcate my two requests, under the impression that documents I am seeking related to correspondence are so extensive that it would be appropriate to separate the two requests. Now, in filing the second of two requests, I am confused by the response that this part of the request in fact returns no responsive records.
Several other regions across the country returned hundreds of records that meet our request as written above, and I would be happy to share those.
Please give me a call or email back at your soonest convenience.
My best,
Dillon
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 26, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R10-2023-004637.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 26, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R10-2023-004637.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 26, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R10-2023-004637.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 26, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R10-2023-004637.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 26, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R10-2023-004637.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 26, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R10-2023-004637.
Thanks for your help, and let me know if further clarification is needed.
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