Lisa P. Jackson email search (EPA)

Dear Mr. Smathers:

This e-mail is to find out whether you are interested in pursuing the above Freedom of Information Act request that you submitted to the U.S. Environmental Protection Agency on November 24, 2010. The estimated cost for the processing of your request is approximately $338.00. This money must be collected before the final response package is sent to you. It is noted that your fee waiver request was denied on December 15, 2010. You have been placed in the fee category of "Other." This means that the first two hours of search time and the first 100 pages of duplication are free. Based upon these status changes, I will need a written response to this e-mail no later than January 6, 2010 (COB), as to whether or not you want us to process your FOIA request. If I do not hear from you within that time, your request will be closed.

If additional questions or assistance is required, please contact me at (202) 564-4322. My e-mail address is porter.trina@epa.gov.

I look forward to your prompt reply.

Trina M. Porter
AO Sr. FOIA Specialist
U.S. Environmental Protection Agency
Office of the Executive Secretariat

Dear Mr. Smathers:

This e-mail is to find out whether you are interested in pursuing the above Freedom of Information Act request that you submitted to the U.S. Environmental Protection Agency on November 24, 2010. The estimated cost for the processing of your request is approximately $338.00. This money must be collected before the final response package is sent to you. It is noted that your fee waiver request was denied on December 15, 2010. You have been placed in the fee category of "Other." This means that the first two hours of search time and the first 100 pages of duplication are free. Based upon these status changes, I will need a written response to this e-mail no later than January 6, 2010 (COB), as to whether or not you want us to process your FOIA request. If I do not hear from you within that time, your request will be closed.

If additional questions or assistance is required, please contact me at (202) 564-4322. My e-mail address is porter.trina@epa.gov.

I look forward to your prompt reply.

Trina M. Porter
AO Sr. FOIA Specialist
U.S. Environmental Protection Agency
Office of the Executive Secretariat

Dear Mr. Smathers:

This is in response to your e-mail below. On November 27, 2010,
the U.S. Environmental Protection Agency was in receipt of your Freedom
of Information Act request. In accordance with the Open Government Act
of 2007, Pub. L. No. 110-175, technically the clock begins to run once
the request has been received by the Agency. An acknowledgement letter
was sent to you on November 30, 2010 outlining the elements required for
the proper justification of your fee waiver request. The clock was
stopped pending receipt of your response. You had until December 9,
2010, to provide your response. A letter was sent to you on December
14, 2010, denying your fee waiver request. Your appeal rights were also
provided should you decide to appeal the denial of your fee waiver. In
the interim, I had placed a call to you on November 30, 2010, seeking
scope clarification as the processing costs would be in excess of
$338.00. This was to let you know that the costs could be prohibitive
should your fee waiver be denied. The clock was still on hold pursuant
to Section 6(a)(1). Your request was technically still on hold pending
the outcome of the fee waiver determination as well as the hold request
that I had requested pending your agreement to pay the costs for
processing your request. Under Section 6(a)(1)(ii), there is no
numerical limit on the number of times tolling can occur for purposes of
clarifying fee issues. As of December 29, 2010, I still had not
received any information in writing from you that you were interested in
pursuing your request. That is why I called. Based upon your statement
below, the 20 days processing for your request has not expired and we
are not deficit in meeting the statutory deadline as you stated below.
The clock begins, once you acknowledge in writing, your approval to pay
the processing fees, were seeking an appeal, or wanted to reduce the
scope as a way to reduce processing costs.

Finally, I am a FOIA Specialist assigned to the processing of your
request within the Office of the Administrator, Office of the Executive
Secretariat. The National FOIA Office that receives the FOIA requests,
appeals is also responsible for the determination of fee waivers. Mr.
Larry Gottesman is the National FOIA Officer and his telephone number is
(202) 566-2162, should you seek additional assistance. As per our
discussion and e-mail of December 29, 2010 I will close out your
request by COB, January 6, 2011, if I do not receive a written response
as to how you would like to proceed.

Thank you for your attention in this matter.

Trina M. Porter
AO Sr. FOIA Specialist
(202) 564-4322
U.S. Environmental Protection Agency
Office of the Administrator
Office of the Executive Secretariat

Dear Mr. Smathers:

I can't process this as a standard "media" request, as I am not the
party that makes the category decision for the agency. You did not
provide adequate and/or any justification for a determination to be made
as to your placement in the media category. The National FOIA Office
makes that determination, that is not my function. Based upon the
information provided, you were placed in the "other" category. Those
requestors placed in the "other " category will be charged for search
fees after the first two hours and duplication costs after the first 100
pages. At present, your processing fees are estimated to be around
$338.00. I ask that you carefully read my e-mails and the information
that has been provided. I have been assigned to process your request.
As stated earlier, I can not process your request without written
approval and agreement to pay the processing fees. It should be noted
that the requested records, if they exist, will be mailed to you only
upon receipt of payment for processing your request.

You have until COB January 6, 2011, to properly respond in writing as to
whether you are able to pay the estimated processing fees of $338.00.
Your request will be closed if proper response is not received.

Sincerely,

Trina M. Porter
AO Sr. FOIA Specialist
U.S. Environmental Protection Agency
Office of the Administrator
Office of the Executive Secretariat
(202) 564-4322

Dear Mr. Smathers:

Search - look for records that might be responsive
Review - read and review the records for responsiveness and possible
exemptions
Duplication - photocopying responsive records

In most cases the files to be searched are electronic files which must
be pulled and read to see if the record fits the parameters of the scope
of the request. Once the files that fit appear to fit the scope of the
request. Those files are then read and reviewed again for
responsiveness and exemptions, where applicable.

Dear Mr. Smathers and Mr. Morris:

This e-mail is to confirm my understanding of our telephone
conversation of January 10, 1011, in which there was agreement that you
were willing to close out the above Freedom of Information Act request
and resubmit your request along with the prerequisite justifications for
a fee waiver. It was also discussed that this method would be a win-win
for both EPA and Muckrock. A properly submitted fee waiver request
justification if approved, would allow for the processing fees to be
waived. In this case, the fees are estimated to be $338.00. The fees
which may escalate, would need to be paid before a final response could
be mailed to you. I am sending this e-mail because as of today's date,
I have not received a written statement or confirmation to close out
this request.

Please confirm the action for close out by responding to this
e-mail. I will be out of the office returning on Tuesday, January 18,
2011. If I do not receive a written confirmation per our discussion of
January 10, 2011, I will close-out your request automatically. You may
then submit a new request along with your justification at that time.

Thank you for your assistance in this matter.

Sincerely,

Trina M. Porter
AO Sr. FOIA Specialist
U.S. Environmental Protection Agency
Office of the Administrator
Office of the Executive Secretariat
(202) 564-4322
Room 2411, ARN
MC 1105A

Mr. Smathers,

Please provide FOIA Request number. Thank you.

Linda E. Green
Office of Environmental Information
U.S. Environmental Protection Agency
(202) 566-1105
email: lindae.green@epa.gov

From: requests@muckrock.com
To: FOIA HQ@EPA
Date: 11/29/2011 08:32 AM
Subject: Follow up to Freedom of Information Request: Lisa P. Jackson
email search (EPA)

November 29, 2011
Environmental Protection Agency
National Freedom of Information Officer
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (2822T)
Washington, DC 20460

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on Nov. 24, 2010. Please let me
know when I can expect to receive a response, or if further
clarification is needed.

Thank you for your help.

Mr. Smathers: Please find attached the final response that was sent to
you by Trina Porter, of the Administrators Office, in response to your
request number HQ-FOI-00363-11. Thank you.

(See attached file: EPA request HQ-FOI-00363-11.tif)

From: requests@muckrock.com
To: FOIA HQ@EPA
Cc: LindaE Green/DC/USEPA/US@EPA
Date: 11/30/2011 10:55 AM
Subject: Follow up to Freedom of Information Request #HQ-FOI-00363-11

November 30, 2011
Environmental Protection Agency
National Freedom of Information Officer
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (2822T)
Washington, DC 20460

This is a follow up to request number HQ-FOI-00363-11:

The processing number for this request was HQ-FOI-00363-11.

---

On Nov. 30, 2011:

Mr. Smathers,

Please provide FOIA Request number. Thank you.

Linda E. Green
Office of Environmental Information
U.S. Environmental Protection Agency
(202) 566-1105
email: lindae.green@epa.gov

From: requests@muckrock.com
To: FOIA HQ@EPA
Date: 11/29/2011 08:32 AM
Subject: Follow up to Freedom of Information Request: Lisa P.
Jackson
email search (EPA)

November 29, 2011
Environmental Protection Agency
National Freedom of Information Officer
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (2822T)
Washington, DC 20460

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on Nov. 24, 2010. Please let me
know when I can expect to receive a response, or if further
clarification is needed.

Thank you for your help.

---

On Nov. 29, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on Nov. 24, 2010. Please let me
know when I can expect to receive a response, or if further
clarification is needed.

Thank you for your help.

---

On Nov. 29, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on Nov. 24, 2010. Please let me
know when I can expect to receive a response, or if further
clarification is needed.

Thank you for your help.

---

On Sept. 12, 2011:

I appeal the administrative closing of this case. Furthermore, I appeal
the fee estimate. You informed me that the fee estimate includes review
costs. You further informed me that you denied my news media status, but
placed me in the "other" fee category. I requested a breakdown of fees
because I wanted to know how much you were charging me for "review." The
Freedom of Information Act does not permit you to charge a fee for
review to news media, nor to "other" requesters. I wanted the breakdown
of fees separated into search, duplication and review so that I could
determine if I wished to appeal your determination of denying my request
to be billed as news media. If the search fees were too high, I would
have done so. This request is for news media purposes and once you
provide a fee breakdown, I would be willing to provide the required
details supporting the news media fee category if it makes financial
sense to do so.

Since this is not a commercial request, I appeal all review fees.

Furthermore, I point you to the 2007 amendment to the FOIA that prevents
you from charging any search fees when you fail to meet a statutory time
limit. As you failed to respond in a timely manor. I appeal all search
fees.

Please process my request.

---

On Jan. 18, 2011:

I am still interested in these records, the request should *not* be
closed. I asked for a breakdown of costs. You provided a total fee
estimate, however, I am asking for that price to be separated into
search fees and duplication fees. Please inform me of the cost estimate
for search fees alone and for duplication fees alone.

Furthermore, please provide information for the proper appeal authority
to appeal the decision to place the request in the "other" category
rather than the requested and proper "news media" fee category.

---

On Jan. 13, 2011:

Dear Mr. Smathers and Mr. Morris:

This e-mail is to confirm my understanding of our telephone
conversation of January 10, 1011, in which there was agreement that you
were willing to close out the above Freedom of Information Act request
and resubmit your request along with the prerequisite justifications for
a fee waiver. It was also discussed that this method would be a win-win
for both EPA and Muckrock. A properly submitted fee waiver request
justification if approved, would allow for the processing fees to be
waived. In this case, the fees are estimated to be $338.00. The fees
which may escalate, would need to be paid before a final response could
be mailed to you. I am sending this e-mail because as of today's date,
I have not received a written statement or confirmation to close out
this request.

Please confirm the action for close out by responding to this
e-mail. I will be out of the office returning on Tuesday, January 18,
2011. If I do not receive a written confirmation per our discussion of
January 10, 2011, I will close-out your request automatically. You may
then submit a new request along with your justification at that time.

Thank you for your assistance in this matter.

Sincerely,

Trina M. Porter
AO Sr. FOIA Specialist
U.S. Environmental Protection Agency
Office of the Administrator
Office of the Executive Secretariat
(202) 564-4322
Room 2411, ARN
MC 1105A

---

On Jan. 5, 2011:

Dear Mr. Smathers:

Search - look for records that might be responsive
Review - read and review the records for responsiveness and possible
exemptions
Duplication - photocopying responsive records

In most cases the files to be searched are electronic files which must
be pulled and read to see if the record fits the parameters of the scope
of the request. Once the files that fit appear to fit the scope of the
request. Those files are then read and reviewed again for
responsiveness and exemptions, where applicable.

---

On Jan. 5, 2011:

Please explain the fee estimate by breaking it down between duplication
and search fees.

Thanks,
Jason

---

On Jan. 5, 2011:

Dear Mr. Smathers:

I can't process this as a standard "media" request, as I am not the
party that makes the category decision for the agency. You did not
provide adequate and/or any justification for a determination to be made
as to your placement in the media category. The National FOIA Office
makes that determination, that is not my function. Based upon the
information provided, you were placed in the "other" category. Those
requestors placed in the "other " category will be charged for search
fees after the first two hours and duplication costs after the first 100
pages. At present, your processing fees are estimated to be around
$338.00. I ask that you carefully read my e-mails and the information
that has been provided. I have been assigned to process your request.
As stated earlier, I can not process your request without written
approval and agreement to pay the processing fees. It should be noted
that the requested records, if they exist, will be mailed to you only
upon receipt of payment for processing your request.

You have until COB January 6, 2011, to properly respond in writing as to
whether you are able to pay the estimated processing fees of $338.00.
Your request will be closed if proper response is not received.

Sincerely,

Trina M. Porter
AO Sr. FOIA Specialist
U.S. Environmental Protection Agency
Office of the Administrator
Office of the Executive Secretariat
(202) 564-4322

---

On Jan. 4, 2011:

I believe this request qualifies for a fee waiver, however, for the sake
of time, justification will not be provided at this time. If responsive
records are expected to exceed 100 pages, please let me know and I will
provide justification for a fee waiver at that time. In the meantime,
you can process this request as a standard news media request.

---

On Jan. 3, 2011:

Dear Mr. Smathers:

This is in response to your e-mail below. On November 27, 2010,
the U.S. Environmental Protection Agency was in receipt of your Freedom
of Information Act request. In accordance with the Open Government Act
of 2007, Pub. L. No. 110-175, technically the clock begins to run once
the request has been received by the Agency. An acknowledgement letter
was sent to you on November 30, 2010 outlining the elements required for
the proper justification of your fee waiver request. The clock was
stopped pending receipt of your response. You had until December 9,
2010, to provide your response. A letter was sent to you on December
14, 2010, denying your fee waiver request. Your appeal rights were also
provided should you decide to appeal the denial of your fee waiver. In
the interim, I had placed a call to you on November 30, 2010, seeking
scope clarification as the processing costs would be in excess of
$338.00. This was to let you know that the costs could be prohibitive
should your fee waiver be denied. The clock was still on hold pursuant
to Section 6(a)(1). Your request was technically still on hold pending
the outcome of the fee waiver determination as well as the hold request
that I had requested pending your agreement to pay the costs for
processing your request. Under Section 6(a)(1)(ii), there is no
numerical limit on the number of times tolling can occur for purposes of
clarifying fee issues. As of December 29, 2010, I still had not
received any information in writing from you that you were interested in
pursuing your request. That is why I called. Based upon your statement
below, the 20 days processing for your request has not expired and we
are not deficit in meeting the statutory deadline as you stated below.
The clock begins, once you acknowledge in writing, your approval to pay
the processing fees, were seeking an appeal, or wanted to reduce the
scope as a way to reduce processing costs.

Finally, I am a FOIA Specialist assigned to the processing of
your
request within the Office of the Administrator, Office of the Executive
Secretariat. The National FOIA Office that receives the FOIA requests,
appeals is also responsible for the determination of fee waivers. Mr.
Larry Gottesman is the National FOIA Officer and his telephone number is
(202) 566-2162, should you seek additional assistance. As per our
discussion and e-mail of December 29, 2010 I will close out your
request by COB, January 6, 2011, if I do not receive a written response
as to how you would like to proceed.

Thank you for your attention in this matter.

Trina M. Porter
AO Sr. FOIA Specialist
(202) 564-4322
U.S. Environmental Protection Agency
Office of the Administrator
Office of the Executive Secretariat

---

On Jan. 2, 2011:

I requested processing according to the news media fee category. If you
are denying that request, please provide proper appeals information so I
may appeal the decision.

Furthermore, please consider that your response was received in excess
of 20 days and search fees are no longer allowed for this request
according to the Freedom of Information Act as amended in 2007.

Please inform me of the fee category you are placing me in and confirm
the fee in light of the fact that the FOIA prohibits search fees when
the agency fails to meet a statuary deadline.

---

On Dec. 30, 2010:

Dear Mr. Smathers:

This e-mail is to find out whether you are interested in pursuing the
above Freedom of Information Act request that you submitted to the U.S.
Environmental Protection Agency on November 24, 2010. The estimated
cost for the processing of your request is approximately $338.00. This
money must be collected before the final response package is sent to
you. It is noted that your fee waiver request was denied on December
15, 2010. You have been placed in the fee category of "Other." This
means that the first two hours of search time and the first 100 pages of
duplication are free. Based upon these status changes, I will need a
written response to this e-mail no later than January 6, 2010 (COB), as
to whether or not you want us to process your FOIA request. If I do not
hear from you within that time, your request will be closed.

If additional questions or assistance is required, please contact me at
(202) 564-4322. My e-mail address is porter.trina@epa.gov.

I look forward to your prompt reply.

Trina M. Porter
AO Sr. FOIA Specialist
U.S. Environmental Protection Agency
Office of the Executive Secretariat

---

On Dec. 29, 2010:

Dear Mr. Smathers:

This e-mail is to find out whether you are interested in pursuing the
above Freedom of Information Act request that you submitted to the U.S.
Environmental Protection Agency on November 24, 2010. The estimated
cost for the processing of your request is approximately $338.00. This
money must be collected before the final response package is sent to
you. It is noted that your fee waiver request was denied on December
15, 2010. You have been placed in the fee category of "Other." This
means that the first two hours of search time and the first 100 pages of
duplication are free. Based upon these status changes, I will need a
written response to this e-mail no later than January 6, 2010 (COB), as
to whether or not you want us to process your FOIA request. If I do not
hear from you within that time, your request will be closed.

If additional questions or assistance is required, please contact me at
(202) 564-4322. My e-mail address is porter.trina@epa.gov.

I look forward to your prompt reply.

Trina M. Porter
AO Sr. FOIA Specialist
U.S. Environmental Protection Agency
Office of the Executive Secretariat

---

On Nov. 7, 2010:

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby
request the following records:

All emails and corresponding attachments sent to (to:, cc: or bcc:) or
from Lisa P. Jackson (or any person who communicates on her behalf)
where the email contains any of the following keywords in the subject or
body: "just between us" "breach" "big trouble" "too late" "stupid" "bad
company" "perception issue" "the real objective" "very slippery slope"
or "true disaster". Limit responsive emails to those sent between
01/20/2009 and the date this request is processed. If she does not use
email, expand the search to all methods of communication which she does
use.

I also request that, if appropriate, fees be waived as I believe this
request is in the public interest. The requested documents will be made
available to the general public free of charge as part of the public
information service at MuckRock.com, processed by a representative of
the news media/press and is made in the process of news gathering and
not for commercial usage.

In the event that fees cannot be waived, 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,

Jason Smathers
Filed via MuckRock.com
185 Beacon St. #3
Somerville, MA 02143

Daytime: (857) 488- 3081
E-mail: requests@muckrock.com

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 196
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly
addressed (i.e., with the requester's name rather than MuckRock News)
requests might be returned by the USPS as undeliverable.