FOIA request for New Source Review Preconstruction Permitting Requirements communication and documents

Matt Kasper filed this request with the Environmental Protection Agency of the United States of America.
Tracking #

EPA-HQ-2018-006656

Status
Completed

Communications

From: Matt Kasper

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Any and all electronic communication, including carbon copies, and attachments in the electronic communication. This request specifically pertains to the New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in Determining Major Modification Applicability that was issued on December 7, 2017 (attached).

For your search, custodians are limited to: Chief of Staff Ryan Jackson; Office of Air & Radiation (OAR) Assistant Administrator​ William Wehrum; Mandy Gunasekara, Senior Policy Advisor; Elizabeth Shaw, Career Deputy Assistant Administrator; Peter Tsirigotis, Director Office of Air Quality Planning and Standards; Bill Harnett, Associate Director for Program Integration and International Air Quality Issues; Mike Koerber, Associate Director for Policy.

I suggest the following search terms for your search, "Hunton" and "NSR"; "Hunton" and "new source review"; "Bracewell" and "NSR"; "Bracewell" and "new source review"; "EEI" and "NSR"; "EEI" and "new source review"; "DTE" and "NSR"; "DTE" and "new source review". The date range can be limited to February 1, 2017 and December 31, 2017.

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. However, I am requesting a fee waiver. The organization I work for, the Energy and Policy Institute, is a clearinghouse of information and can qualify as a representative of the news media. There are several examples of public record requests that have been provided to my organization and that were then published on our website to inform journalists publishing articles. Also, I have accounts with news outlets including Huffington Post and Republic Report. Past publications on these outlets as proof are available here (http://www.huffingtonpost.com/author/matt-kasper) and (https://www.republicreport.org/author/matthew/). Additionally, federal agencies have previously categorized FOIAs from the Energy and Policy Institute under Title 10, Code of Federal Regulations, Section 1004.9(b)(3) as a "news media" requester and have determined that I satisfy the criteria considered for a waiver of fees.

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,

Matt Kasper
Energy and Policy Institute
630-908-9615
PO Box 577764 Chicago, IL. 60657

From: Environmental Protection Agency

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2818c1ea3)
* Tracking Number: EPA-HQ-2018-006656
* Requester Name: Matt Kasper
* Date Submitted: 04/14/2018
* Request Status: Submitted
* Description: Any and all electronic communication, including carbon copies, and attachments in the electronic communication. This request specifically pertains to the New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in Determining Major Modification Applicability that was issued on December 7, 2017 (attached). For your search, custodians are limited to: Chief of Staff Ryan Jackson; Office of Air & Radiation (OAR) Assistant Administrator​ William Wehrum; Mandy Gunasekara, Senior Policy Advisor; Elizabeth Shaw, Career Deputy Assistant Administrator; Peter Tsirigotis, Director Office of Air Quality Planning and Standards; Bill Harnett, Associate Director for Program Integration and International Air Quality Issues; Mike Koerber, Associate Director for Policy. I suggest the following search terms for your search, "Hunton" and "NSR"; "Hunton" and "new source review"; "Bracewell" and "NSR"; "Bracewell" and "new source review"; "EEI" and "NSR"; "EEI" and "new source review"; "DTE" and "NSR"; "DTE" and "new source review". The date range can be limited to February 1, 2017 and December 31, 2017.

From: Environmental Protection Agency

EPA-HQ-2018-006656 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: View Records. 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. (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-HQ-2018-006656&type=request)

From: Matt Kasper

Hello,
Thank you for providing the documents. I noticed that the attachments in the email on Thursday 12/7/2017 from Mandy Gunasekara to Bill Wehrum, and the email on Tuesday 12/5/2017 from Mandy Gunasekara to Justin Schwab were not included in the release. Can you provide me with those attachments?

Thank you,
Matt

From: Environmental Protection Agency

Your user account in the FOIAonline application has been reset. (https://www.foiaonline.gov/foiaonline/action/public/login)
Username: requests@muckrock.com
Temporary password: 89a3608b-8899-4
After successfully logging in, you'll be asked to change this password before continuing.

From: Environmental Protection Agency

Dear Matt Kasper <requests@muckrock.com>,
Your password has been updated per your request. You can change your password in the future from your profile page.
If you believe you received this email in error or need additional assistance, please contact the FOIAonline Help Desk. (mailto:foia.help@epa.gov)
Thank you!
FOIAonline Team (mailto:foia.help@epa.gov)

From: Environmental Protection Agency

Dear Mr. Kasper, This message is a reply to your request for the attachments to emails from Mandy Gunasekara to Bill Wehrum, and the email on Tuesday 12/5/2017 from Mandy Gunasekara to Justin Schwab. The attachments were draft versions of the NSR Memorandum and are being withheld in full under Exemption 5 of the FOIA.

Sincerely,
Tiffany Purifoy

From: Environmental Protection Agency

The FOIA request - EPA-HQ-2018-006656 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: EPA-HQ-2018-006656
* Requester: Matt Kasper
* Submitted Date: 07/05/2018
* Description: Any and all electronic communication, including carbon copies, and attachments in the electronic communication. This request specifically pertains to the New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in Determining Major Modification Applicability that was issued on December 7, 2017 (attached). For your search, custodians are limited to: Chief of Staff Ryan Jackson; Office of Air & Radiation (OAR) Assistant Administrator​ William Wehrum; Mandy Gunasekara, Senior Policy Advisor; Elizabeth Shaw, Career Deputy Assistant Administrator; Peter Tsirigotis, Director Office of Air Quality Planning and Standards; Bill Harnett, Associate Director for Program Integration and International Air Quality Issues; Mike Koerber, Associate Director for Policy. I suggest the following search terms for your search, "Hunton" and "NSR"; "Hunton" and "new source review"; "Bracewell" and "NSR"; "Bracewell" and "new source review"; "EEI" and "NSR"; "EEI" and "new source review"; "DTE" and "NSR"; "DTE" and "new source review". The date range can be limited to February 1, 2017 and December 31, 2017.

From: Environmental Protection Agency

EPA-HQ-2018-006656 has been processed with the following final disposition: Partial Grant/Partial Denial

From: Environmental Protection Agency

Your user account in the FOIAonline application has been reset. (https://www.foiaonline.gov/foiaonline/action/public/login)
Username: requests@muckrock.com
Temporary password: 8f0b4de1-1c83-4
After successfully logging in, you'll be asked to change this password before continuing.

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