FOIAOnline dev

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-2022-001285&type=request)

* Tracking Number: EPA-2022-001285
* Requester Name:
Maraya Cornell
* Date Submitted: 12/02/2021
* Request Status: Submitted
* Description:
Dear FOIA Officer:

Pursuant to the Freedom of Information Act, I'm requesting records regarding the FOIAOnline Program. For reference in searching for responsive documents, the FOIAOnline Program is managed by the Office of Enterprise Information Programs, an office within the Environmental Protection Agency.

I request copies of the following documents:

1. Any software development road maps or other documents, databases, or reports that the FOIAOnline team creates, manages, or receives that are used to keep track of feature development, bug fixes, and other software updates to the FOIAOnline project, including estimates of completion, prioritization, and other attributes that are logged to track the ongoing development and maintenance of FOIAOnline.

If this information is stored in multiple formats (such as an annual summary as well as an actively maintained database), you may provide only the version that is most comprehensive and omit any documents or databases that include duplicative information. I’m happy to discuss the scope of my request to reduce the burden of it on agency resources.

2. Any “show cause” or “cure” notices that have been sent to contractors on the project.

Regarding any withholdings or redactions you might consider under FOIA Exemption 4, please keep in mind that the identities of the contractors for FOIAOnline are already publicly available: on EPA's website, for example (https://www.epa.gov/sites/default/files/2014-03/documents/foia-online.pdf), as well as on USASpending.gov (https://www.usaspending.gov/keyword_search/FOIAOnline). Furthermore, in 2019, Chief Judge Howell held in _Center for for Investigative Reporting v. U.S. Customs & Border Protection_ that the foreseeable harm standard, which Congress added to the statute in 2016, puts the burden on agencies to explain how records withheld under Exemption 4 would cause “genuine harm to economic or business interests." It would be ironic indeed if information about the system for delivering public records was arbitrarily withheld from the public.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

As a freelance journalist, I expect to be placed in your news media category. As evidence of my publication record, here are links to a few of my stories:

https://www.nationalgeographic.com/animals/2018/11/zoos-protect-animals-fire-disaster/
https://www.nationalgeographic.com/environment/2018/11/how-california-fire-catastrophe-unfolded/
https://news.nationalgeographic.com/2018/02/wildlife-watch-sea-cucumbers-illegal-wildlife-trade-coral-reefs/

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,

Maraya Cornell

Upload documents directly: https://www.muckrock.com/

12/06/2021
Maraya Cornell
MuckRock News DEPT MR 121866
411A Highland Ave
Somerville, MA, 02144-2516

requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2022-001285
Hello:
This letter concerns the above-mentioned Freedom of Information Act (FOIA) request, submitted to the U.S. Environmental Protection Agency (EPA), National FOIA Office (NFO) on 12/02/2021. You are seeking the following records: Dear FOIA Officer: Pursuant to the Freedom of Information Act, I'm requesting records regarding the FOIAOnline Program. For reference in searching for responsive documents, the FOIAOnline Program is managed by the Office of Enterprise Information Programs, an office within the Environmental Protection Agency. I request copies of the following documents: 1. Any software development road maps or other documents, databases, or reports that the FOIAOnline team creates, manages, or receives that are used to keep track of feature development, bug fixes, and other software updates to the FOIAOnline project, including estimates of completion, prioritization, and other attributes that are logged to track the ongoing development and maintenance of FOIAOnline. If this information is stored in multiple formats (such as an annual summary as well as an actively maintained database), you may provide only the version that is most comprehensive and omit any documents or databases that include duplicative information. I’m happy to discuss the scope of my request to reduce the burden of it on agency resources. 2. Any “show cause” or “cure” notices that have been sent to contractors on the project. Regarding any withholdings or redactions you might consider under FOIA Exemption 4, please keep in mind that the identities of the contractors for FOIAOnline are already publicly available: on EPA's website, for example (https://www.epa.gov/sites/default/files/2014-03/documents/foia-online.pdf), as well as on USASpending.gov (https://www.usaspending.gov/keyword_search/FOIAOnline). Furthermore, in 2019, Chief Judge Howell held in _Center for for Investigative Reporting v. U.S. Customs & Border Protection_ that the foreseeable harm standard, which Congress added to the statute in 2016, puts the burden on agencies to explain how records withheld under Exemption 4 would cause “genuine harm to economic or business interests." It would be ironic indeed if information about the system for delivering public records was arbitrarily withheld from the public. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. As a freelance journalist, I expect to be placed in your news media category. As evidence of my publication record, here are links to a few of my stories: https://www.nationalgeographic.com/animals/2018/11/zoos-protect-animals-fire-disaster/ https://www.nationalgeographic.com/environment/2018/11/how-california-fire-catastrophe-unfolded/ https://news.nationalgeographic.com/2018/02/wildlife-watch-sea-cucumbers-illegal-wildlife-trade-coral-reefs/ 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, Maraya Cornell Upload documents directly: https://www.muckrock.com/
Your FOIA request was assigned for processing. If you have any questions about your request, please contact the office mentioned below and reference your FOIA request tracking number EPA-2022-001285.

Office of Mission Support FOIA Program: You may contact OMS’s Michael Perrin at (202) 564-8830 or OMS_FOIA_Team@epa.gov. (mailto:OMS_FOIA_Team@epa.gov)

If you need any further assistance or would like to discuss any aspect of your request, you may seek assistance from EPA’s FOIA Public Liaison at hq.foia@epa.gov or call (202) 566-1667. You may also seek assistance from the Office of Government Information Services (OGIS). You may contact OGIS in any of the following ways: by mail, Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001; email: ogis@nara.gov; telephone: (202) 741-5770 or (877) 684-6448; or fax: (202) 741-5769. For all media inquiries, please contact press@epa.gov.

Sincerely,

National FOIA Office
U.S. Environmental Protection Agency

Hello,
Please see the attachment below.
Thank you,
The National FOIA Office

Your request for Fee Waiver for the FOIA request EPA-2022-001285 has been
denied.

* Fee Waiver Disposition Reason:
See letter submitted to the Requester.

Dear Maraya Cornell,

I am in receipt of your FOIA request related to "any software development road maps or other documents, databases, or reports that the FOIAonline team creates, manages, or receives ....". In your request you suggested you would be "happy to discuss the scope" of this request. If you have time, I'd welcome to opportunity to have a discussion about the scope and what specifically you are looking for. I'm happy to try to pull together the materials we may have that could be responsive to your request, but it is currently very broad in terms of the subject and date range. Once I have a better understanding of what you're looking for I can better estimate the resources and time needed to provide you any responsive materials we may have.

Thank you for your time and I look forward to hearing from you soon.

-Brian
______________________________________
Brian Thompson | Director
eDiscovery Division
Office of Enterprise Information Programs (OEIP)
Office of Mission Support (OMS)
U.S. Environmental Protection Agency
phone: (202) 564-4256

Good morning Maraya,

Have you had a chance to read the 12/17/21 email below from Brian Thompson? We would like to provide you the opportunity to discuss and clarify your request so EPA can process it.

EPA's FOIA regulations explain: "Whenever possible, your request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter. If known, you should include any file designations or descriptions for the records that you want. The more specific you are about the records or type of records that you want, the more likely EPA will be able to identify and locate records responsive to your request." 40 C.F.R. § 2.102(c).

The processing clock is stopped for your FOIA request until we receive your modification. You may contact Brian Thompson at Thompson.Briank@epa.gov<mailto:Thompson.Briank@epa.gov> or at 202-564-4256 with your response or if you have any further questions.

Please respond by January 18, 2022, which is 20 calendar days from the date of this letter. Once the request is modified we will continue processing your FOIA request and provide you with an estimated timeframe for completion. If we do not receive a response from you, EPA may issue a final determination to close out your request. Please note that you are not prohibited from submitting additional Freedom of Information Act requests in the future. For more information, please visit our website at: https://www.epa.gov/foia.

If you need any further assistance or would like to discuss any aspect of your request, you may seek assistance from EPA's FOIA Public Liaison at hq.foia@epa.gov or call (202) 566-1667. You may also seek assistance from the Office of Government Information Services (OGIS). You may contact OGIS in any of the following ways: by mail, Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001; email: ogis@nara.gov; telephone: (202) 741-5770 or (877) 684-6448; or fax: (202) 741-5769.

Sincerely,
Michael Perrin
EPA FOIA Coordinator
202-564-8830

EPA-2022-001285 has been processed with the following final disposition: Other.