NFE Gas-Fired Power Plants and Generators

Dear Carlos Polanco,

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Regards,
EPA National FOIA Office

Dear Carlos Polanco,

Thank you for submitting your Freedom of Information Act (FOIA) request.
Your FOIA request was received by EPA's National FOIA Office. Case Number 2024-EPA-03200 has been assigned to the request you submitted.
In all future correspondence regarding this request, please reference your case number.
Regards,
EPA National FOIA Office

Dear Carlos Polanco,

The status of your FOIA request #2024-EPA-03200 has been updated to the following status 'Received'. To log into the PAL Application click on the Application URL below.

https://foiapublicaccessportal.epa.gov

Sincerely,
EPA National FOIA Office

03/25/2024

Carlos Polanco
N/A
MuckRock News, DEPT MR160891
263 Huntington Ave
Boston, MA 02115
EMAILED TO: requests@muckrock.com
RE: Acknowledgment Letter - EPA FOIA Request 2024-EPA-03200
ear Carlos Polanco:
This letter concerns the above-referenced Freedom of Information Act (FOIA) request, received by the U.S. Environmental Protection Agency (EPA), National FOIA Office (NFO) on 03/22/2024 in which you are seekin g the following: " To Whom It May Concern:Pursuant to the Freedom of Information Act, I hereby request the following records:Reports show that the EPA has started accruing information about a gas pipeline in Puerto Rico by New Fortress Energy: https://www.elnuevodia.com/noticias/locales/notas/la-epa-desconoce-sobre-propuesto-gasoducto-en-la-central-san-juan/. At the same time, much has been written about how possible health hazards created by LNG plants: https://earthjustice.org/experts/jordan-luebkemann/puerto-rico-lng-terminal-is-a-ticking-time-bomb. Reports also show that EPA has been negotiating with New Fortress Energy about the use of 14 generators: https://www.elvocero.com/gobierno/no-cuquen-a-la-epa-advierte-exdirector-de-divisi-n-del-caribe-tras-incumplimientos/article_6cef5c36-e70c-11ee-9910-47d3d7c05518.htmlTherefore, I request the following records:1) Communications, messages, emails, and attachments within your agency concerning the authorization of multiple gas-fired power plants in Puerto Rico run directly by New Fortress Energy or by their subsidiary Genera PR.2) Communications, messages, emails, and attachments between your agency and other parties consulted in the process of authorizing the construction, installation, and operation of gas-fired power plants or generators (including but not limited to: FEMA, Genera PR, New Fortress Energy, Puerto Rico Electric Power Authority, and Puerto Rico Bureau of Energy).3) Any presentations, videos, audios, and memoranda used to educate employees or concerned parties about the construction, installation, and operation of gas-fired power plants or generators. Please include any notes made in preparation, during, and after these presentations.4) Any records concerning the regulatory structures and legal guidelines for allowing gas-fired power plants or generators to operate without a "Prevention of Significant Deterioration" (PSD) permits.5) Any environmental impact statements (EIS), air pollution control plans, health studies, emission controls, and other studies concerned with the impact of gas-fired power plants or generators in Puerto Rico.Keywords: "Genera PR," "New Fortress Energy," "Clean Air Act," "Puerto Rico," "PREB," "Puerto Rico Energy Bureau," "NFE," "PREPA, "AEE,"This request is for all records produced between January 1, 2023 and the time this request is processed. In the case that there are multiple responsive documents, please send them to me on a rolling basis.This request is not made for commercial purposes and any records obtained will be shared with the general public. I am a member of the news media and these records will be used in the course of reporting about the use of gas-fired power plants in Puerto Rico and their effect on air pollution.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,Carlos Berríos PolancoUpload documents directly . . .The description has exceeded the character limit.."
Your FOIA request was assigned for processing. If you have any questions about your request, please contact the office mentioned below and reference your EPA FOIA request number 2024-EPA-03200.
Region 2 FOIA Program: You may contact Region 2’s Wanda Calderon at calderon.wanda@epa.gov or (212) 637-3668.
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,
National FOIA Office
U.S. Environmental Protection Agency

Hello Mr. Polanco,
This is about the above named FOIA Request assigned to EPA Region 2 for response.  I'd like to share EPA's response plan involving your submittal.  Please call me at your earliest convenience.  The FOIA Office will place a hold status on your request until such time we're able to connect.
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
Thank you,

Wanda Calderon
Government Information Specialist
Office of Regional Counsel
212-637-3668
www.epa.gov/foia

03/27/2024

Hello Mr. Polanco,

This is about the above-mentioned FOIA request assigned to EPA Region 2 for action and is in furtherance to today's phone conversation.  During our call, we discussed, and you agreed to the following:

* to receive referral links to records released under FOIA Request 2024-R02-02083 (EarthJustice) as it was determined to also be responsive to your request;

* the cut-off date for searching/collecting records for your FOIA request will be the date in which EPA received your request, 03/25/2024.  I explained this cut-off date is our FOIA policy unless an alternate date is agreed upon between EPA and FOIA requesters;

* the estimated date of completion (EDC) is fluid and is based on records processing circumstances as your request is also complex b/c it involves voluminous records, federal partner equities, and coordination among multiple EPA components therefore the current 04/22/2024 EDC is subject to change;

* I provided you with a FOIAxpress case number to previously released records (EarthJustice FOIA 2024-EPA-01195) that might be relevant to you.  Let me know if you have trouble accessing these public records so that I may assist.

This is my understanding of our conversation, however, please feel free to revise as needed.  You may call me at any time, but I'm also required to notify you that i f 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,
Wanda Calderon
Government Information Specialist
Office of Regional Counsel
EPA Region 2 FOIA Program
212-637-3668
www.epa.gov/foia

Dear Carlos Polanco,
EPA documents requested by you are available via this Public Access Link (PAL): https://foiapublicaccessportal.epa.gov
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If you have forgotten your user name or password, you may reset them through the site by selecting 'Forgot User Name or Password' on the sign in page.
Regards,
EPA National FOIA Office