Illinois River TMDL e-mail communications
| Tracking # |
EPA-HQ-2019-003446, EPA-R6-2018-009132 EPA-HQ-2019-003446 EPA-HQ-2018-009132, EPA-HQ-2019-003446 EPA-HQ-2018-009132 EPA-HQ-2018-009132, EPA-R6-2018-009132 EPA-HQ-2018-009132 |
| Submitted | June 22, 2018 |
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Communications
From: Joe Wertz
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed.
I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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,
Joe Wertz
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=090004d2819adb78)
* Tracking Number: EPA-HQ-2018-009132
* Requester Name: Joe Wertz
* Date Submitted: 06/29/2018
* Request Status: Submitted
* Description: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed. I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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
From: Environmental Protection Agency
The FOIA request EPA-HQ-2018-009132 has had its Tracking Number changed to EPA-R6-2018-009132. 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-HQ-2018-009132
* New Tracking Number: EPA-R6-2018-009132
* Requester Name: Joe Wertz
* Date Submitted: 06/29/2018
* Long Description: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed. I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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
From: Environmental Protection Agency
06/29/2018 06:11 PM FOIA Request: EPA-R6-2018-009132
Dear Mr. Wertz:
This email is in regards to your FOIA Request: EPA-R6-2018-009132 in which you reqeusted, "the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed."
Please let us know if you are requesting a fee waiver for the following reason: disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.
In addition, please assist us by describing and clarifying the type of records you are requesting to "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).
In general in order to search for email records, we search by names of staff, keywords, date range, email domains of non-EPA persons. As currently described, your FOIA request is broad and will generate voluminous records that may not be responsive.
We look forward to your clarification.
Thanks,
Nancy Ho
EPA Region 6 FOIA Team
From: Joe Wertz
Nancy,
In regard to the questions in your 7/2 reply to my FOIA Request: EPA-R6-2018-009132:
Yes. I am requesting a fee waiver.
As to your request for clarification of the type of records I'm requesting:
• My FOIA request did detail a specific subject matter: "... the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma."
• My FOIA request did detail a specific date range in requesting emails "sent or received from June 1, 2017 to the date that this FOIA request is processed."
• My FOIA request should include, but not be limited to, the following authors and recipients: Water Quality Division of EPA Region 6, Taimur Shaikh, David Garcia, Arturo Blanco, Cheryl Seager, Arkansas Department of Environmental Quality, Arkansas Natural Resources Commission, Oklahoma Department of Environmental Quality, Oklahoma Conservation Commission, Oklahoma Water Resources Board, Mike Teague, Oklahoma Secretary of Energy & Environment, Cherokee Nation.
• My FOIA request should include, but not be limited to, searches of the following keywords or phrases: Total Maximum Daily Load, TMDL, Illinois River, Lake Tenkiller, scenic rivers, statement of joint principles and action, nutrient, pollution, phosphorus, algal blooms, dissolved oxygen, impaired, 303(d)
Please let me know if you don't have enough clarification to start fulfilling my FOIA request.
Sincerely,
Joe Wertz
From: Environmental Protection Agency
Fee Waiver Granted
From: Environmental Protection Agency
Your request for Fee Waiver for the FOIA request EPA-R6-2018-009132 has been fully granted. Additional details for this request are as follows:
* Request Created on: 07/05/2018
* Request Description: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed. I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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
* Fee Waiver Original Justification: I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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: N/A
From: Environmental Protection Agency
Dear Mr. Wertz:
This email is in regards to your FOIA Request: EPA-R6-2018-009132 in which you requested, "the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed."
The EPA Region 6 Water Division would like your clarification regarding the portion of your FOIA request, “…in the Illinois River Watershed or impaired waterbodies in Arkansas and Oklahoma…”. Are you interested in TMDL development documents for the Illinois River Watershed and/or TMDL development documents for impaired waters that straddle the Arkansas-Oklahoma state line? A specific clarification of the categorical and spatial extent of the request would be very helpful. We look forward to your clarification.
Your FOIA request will be placed on hold soon if we do not receive a response before end of business day today, July 19, 2018 to await your clarification.
Thanks,
Nancy Ho
EPA Region 6 FOIA Team
From: Muckrock Staff
Hello,
The request is for TMDL development documents for the Illinois River Watershed and TMDL development documents for impaired waters that "straddle the Arkansas-Oklahoma state line," to the extent that these waters fall within your jurisdiction.
From: Environmental Protection Agency
6WQ interim/extension release letter.
From: Environmental Protection Agency
The FOIA request - EPA-R6-2018-009132 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: EPA-R6-2018-009132
* Requester: Joe Wertz
* Submitted Date: 07/05/2018
* Description: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed. I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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
From: Environmental Protection Agency
EPA-R6-2018-009132 has been approved for an interim release. Records were released to the public as a result of this request. You can access your records by going to FOIAonline at https://foiaonline.gov/foiaonline/action/public/home and searching by your FOIA request number EPA-R6-2018-009132. 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.
From: Environmental Protection Agency
EPA-R6-2018-009132 - Interim Release Letter
From: Environmental Protection Agency
The FOIA request - EPA-R6-2018-009132 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: EPA-R6-2018-009132
* Requester: Joe Wertz
* Submitted Date: 07/05/2018
* Description: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed. I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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
From: Environmental Protection Agency
EPA-R6-2018-009132 has been approved for an interim release. Records were released to the public as a result of this request. You can access your records by going to FOIAonline at https://foiaonline.gov/foiaonline/action/public/home and searching by your FOIA request number. 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.
From: Environmental Protection Agency
The FOIA request - EPA-R6-2018-009132 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: EPA-R6-2018-009132
* Requester: Joe Wertz
* Submitted Date: 07/05/2018
* Description: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed. I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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
From: Environmental Protection Agency
EPA-R6-2018-009132 has been approved for an interim release. This is the third interim release. Records were released to the public as a result of this request. You can access your records by going to FOIAonline at https://foiaonline.gov/foiaonline/action/public/home and searching by your FOIA request number. 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.
From: Environmental Protection Agency
EPA-R6-2018-009132 has been approved for an interim release. This is the third interim release. Records were released to the public as a result of this request. You can access your records by going to FOIAonline at https://foiaonline.gov/foiaonline/action/public/home and searching by your FOIA request number. 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.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on June 22, 2018. You had previously indicated that it would be completed on Nov. 14, 2018. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #EPA-HQ-2018-009132.
Thanks for your help, and let me know if further clarification is needed.
From: Environmental Protection Agency
Dear Mr. Wertz:
Please see attached letter regarding your FOIA request EPA-R6-2018-009132. Sincerely, Nancy Ho EPA Region 6 FOIA Team
-
EPA-R6-2018-009132 Enclosure
From: Environmental Protection Agency
EPA-R6-2018-009132 has been processed with the following final disposition: Partial Grant/Partial Denial
From: Environmental Protection Agency
EPA-R6-2018-009132 has been processed with the following final disposition: Partial Grant/Partial Denial
From: Environmental Protection Agency
EPA-R6-2018-009132 has been processed with the following final disposition: Partial Grant/Partial Denial
From: Joe Wertz
James McDonald
Assistant Regional Administrator for Management
U.S. Environmental Protection Agency
Re: Freedom of Information Act Appeal/EPA-R6-2018-009132
Dear James:
This is an appeal under the Freedom of Information Act.
On June 29, 2018, I requested documents under the Freedom of Information Act. My request was assigned the following identification number: EPA-R6-2018-009132. I received interim releases on July 27, 2018; August 30, 2018; October 22, 2018 and a final response from James McDonald on November 14, 2018 that indicated multiple records were withheld.
I appeal the denial of my request. The documents that were withheld must be disclosed under the FOIA.
To qualify for exemption 5 under the "deliberative process" privilege, a document must be both (1) "predecisional" or "antecedent to the adoption of agency policy," and (2) "deliberative," meaning "it must actually be related to the process by which agency policies are formulated." Jordan v. United States Department of Justice, 591 F.2d 753, 774 (D.C. Cir. 1978).
It is my belief that the vast majority, if not all, of the materials in question, are subject to FOIA's mandatory release provisions. The documents are primarily historical in nature and concern other publicly available records.
Further, withholding the entire documents merely because a portion may be exempt from disclosure, overlooks entirely the "segregable portions" clause of the Act.
Finally, because disclosure would be in the public interest, the agency should release any materials which happen to be covered by exemption 5 by utilizing his discretionary release powers. 7 C.F.R. § 1.17(b). Release of material is to be "considered in the public interest if the benefit to the public in releasing the document outweighs any harm likely to result from disclosure." Id. As noted above, the requested documents represent a unique and important resource outlining the historical path of Agency interaction with a species at the center of an important public policy debate. It is hard to imagine materials falling more squarely within the goal of FOIA; the full illumination of governmental activities in areas directly affecting the public good. Compared to that important goal, and considering the immediacy of this particular issue, any balancing must tip in favor of complete disclosure.
Thank you for your consideration of this appeal.
Sincerely,
Joe Wertz
From: Environmental Protection Agency
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: EPA-HQ-2019-003446
* Request Tracking Number: EPA-R6-2018-009132
* Requester Name: Joe Wertz
* Date Submitted: 02/12/2019
* Appeal Status: Submitted
* Description: Improper withholding.
From: Environmental Protection Agency
A letter stating that the request appeal has been received and is being processed.
From: Environmental Protection Agency
Good afternoon,
Your FOIA appeal EPA-HQ-2019-003446 has been assigned to me for a determination. I am writing to let you know that I am currently working on the determination, and I am reaching out to Region 6 with some questions I have regarding the withholdings. I will provide you updates on your appeal as it progresses.
Please feel free to contact me by email or at the information below should you have any questions.
Thank you,
Kathryn
Kathryn Le
Attorney-Advisor
Office of General Counsel | General Law Office | Information Law Practice Group
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW (Mail Code: 2377A)
Washington, DC 20460
(202) 564-7701
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on June 22, 2018. You had previously indicated that it would be completed on Nov. 14, 2018. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #EPA-HQ-2019-003446.
Thanks for your help, and let me know if further clarification is needed.
From: Joe Wertz
Kathryn,
I'm writing to check on the status of my FOIA appeal EPA-HQ-2019-003446. On 3/28/2019 you indicated you were reaching out to Region 6 with questions about the withholdings. I'm curious if you have any updates on the progress.
Thank you,
Joe
From: Environmental Protection Agency
Hello, Joe,
Thank you for your email. I apologize for not following up with you after I spoke with Region 6 about the withheld documents. I finished my determination earlier this week and it is currently with management for review. I expect to receive it back within the next few days, but I will check in with them this afternoon for an update.
Thanks,
Kathryn
Kathryn Le
Attorney-Advisor
Office of General Counsel | General Law Office | Information Law Practice Group
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW (Mail Code: 2377A)
Washington, DC 20460
(202) 564-7701
-
~WRD403
From: Environmental Protection Agency
Good morning,
I received the determination back from management review. I am going to reach out to Region 6 again about the withheld documents and hope to release the determination soon thereafter. I will keep you updated on the progress.
Thank you,
Kathryn
Kathryn Le
Attorney-Advisor
Office of General Counsel | General Law Office | Information Law Practice Group
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW (Mail Code: 2377A)
Washington, DC 20460
(202) 564-7701
-
image001
From: Environmental Protection Agency
EPA-HQ-2019-003446 has been processed with the following final disposition: Partially Affirmed & Partially Reversed/Remanded.
Dear Mr. Wertz:
Please see the attached appeal determination for the above-referenced appeal. If you have any questions concerning this determination, please contact Kathryn Le at 202-564-7701 or at le.kathryn@epa.gov.
Thank you.
From: Environmental Protection Agency
Dear Mr. Wertz:
Please see attached letter regarding your FOIA request EPA-R6-2018-009132. Sincerely, Nancy Ho EPA Region 6 FOIA Team
From: Environmental Protection Agency
The FOIA request - EPA-R6-2018-009132 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: EPA-R6-2018-009132
* Requester: Joe Wertz
* Submitted Date: 07/05/2018
* Description: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed. I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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
From: Environmental Protection Agency
The FOIA request - EPA-R6-2018-009132 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: EPA-R6-2018-009132
* Requester: Joe Wertz
* Submitted Date: 07/05/2018
* Description: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of all email communications regarding the development of a Total Maximum Daily Load, also known as a TMDL, in the Illinois River Watershed or impaired water bodies in Arkansas and Oklahoma sent or received from June 1, 2017 to the date that this FOIA request is processed. I am a representative of the news media actively gathering news for an organization that publishes and broadcasts news to the public. 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
From: Environmental Protection Agency
EPA-R6-2018-009132 has been processed with the following final disposition: Partial Grant/Partial Denial. A supplemental response was provided to you via the letter.
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