|Submitted||Feb. 25, 2017|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
All records related to the removal of the following information and link from the EPA’s water quality standards regulations and resources page for Massachusetts: https://www.epa.gov/wqs-tech/water-quality-standards-regulations-massachusetts:
“Federal Regulations, 40 CFR 131.41 (Effective December 16, 2004) Federal regulations establishing bacteria criteria for coastal and Great Lakes waters. This regulation is also known as the Beach Rule.”
Please provide records regarding the removal of this language and the URL related to its underlying hyperlink.
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.
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=090004d2811a5cdb)
* Tracking Number: EPA-HQ-2017-004416
* Requester Name: Sarah Lamdan
* Date Submitted: 03/01/2017
* Request Status: Submitted
* Description: Requesting information regarding removal of Beach Rule from Massachusetts water quality standards resources webpage.
Hello Ms. Lamdan,
I'm responding to your Freedom of Information Act (FOIA) request for the following:
All records related to the removal of the following information and link from the EPA's water quality standards regulations and resources page for Massachusetts: https://www.epa.gov/wqs*tech/water-quality-standards-regulations-massachusetts:
"Federal Regulations, 40 CFR 131.41 (Effective December 16, 2004) Federal regulations establishing bacteria criteria for coastal and Great Lakes waters. This regulation is also known as the Beach Rule."
The URL for the removed link is http://www.ecfr.gov/cgi-bin/text-idx?SID=b51ead2ec3204db63989d8710f75ce95&node=40:184.108.40.206.18&rgn=div5#40:220.127.116.11.18.104.22.168
The removed link described federally promulgated regulations for bacteria criteria that apply to the state. It was incorrectly listed under the web page's "State Standards in Effect for CWA Purposes" section. Additionally, a link to more comprehensive information about the federal bacteria criteria regulations was (and still is) included under the page's "Federally Proposed or Promulgated Standards" section; I've included this link below.
Final Water Quality Standards Bacteria Rule for Coastal and Great Lakes Recreation Waters<https://www.epa.gov/beach-tech/final-water-quality-standards-bacteria-rule-coastal-and-great-lakes-recreation-waters> (November 8, 2004)
Do you still require the records you requested? Does the above explanation meet your needs?
Editor-In-Chief, Water Quality Standards: Regulations and Resources Web Area
Gregory A. Stapleton, P.E. | Office of Science and Technology | Standards & Health Protection Division
Thank you, Gregory. This explanation is useful and helpful. I appreciate it!
I’m glad it was helpful.
Do you still require the records you requested? If not, I will begin the process of closing you FOIA request.
If the records reveal no additional information beyond your explanation, then I do not need to receive the records. Thank you.
Excellent. I will begin closing your FOIA request.
EPA-HQ-2017-004416 has been processed with the following final disposition: Request withdrawn.
As we discussed in our email exchanges, the requested records are no longer needed.
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://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2811a5cdb)
Please clarify as to why this request was categorized as Commercial as it was explicitly stated to be in the public interest, and was filed by a non-profit for research purposes. Thank you.
At the program level we don’t decide what the designations are on fee category. You would need to have this addressed by the Agency FOIA group. The EPA’s FOIA Public Liaison should be able to help you. According to the epa.gov page on FOIA, they can be reached at firstname.lastname@example.org or 202-566-1667.