Air quality exceptional events dataset
| Tracking # |
2023-OAR-05159 EPA-2023-005159 |
| Submitted | June 30, 2023 |
| Est. Completion | Nov. 3, 2023 |
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Communications
From: Dillon Bergin
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
I request the entire raw data or database - in a machine-readable database or spreadsheet format such as Excel, CSV, Access, SQL or XML - from which the dataset "exceptional_events_1_1_2016_copy_for_MuckRock.csv" attached to this request originally stems from. This data was provided to me, Dillon Bergin, on June 13, 2023 after email correspondence with Melissa Sullivan and Shayla Powell (sullivan.melissa@epa.gov and Powell.Shayla@epa.gov). I am now requesting the entire raw data or database and all fields original fields therein.
The data should include all fields in the database or spreadsheets that contain non-exempt information, including but not limited to all fields in the example data included in this email. I also request all documentation that describes the layout of the database’s tables and fields, and that provides the definitions of any field names, codes, and abbreviations used in the database. This information may be gathered together in a single document like a data dictionary, entity layout, or user's guide. If that is the case, I request access to and copy of said document.
This is an expedited request by the Brown Institute for Media Innovation, MuckRock, and the California Newsroom (“Brown Institute,”“MuckRock,” and “California Newsroom”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552.
Fee Waiver Request
A waiver of search and review fees is appropriate here because disclosure of the requested information is in the public interest under 5 U.S.C. § 552(a)(4)(A)(iii) and 45 C.F.R. § 5.54(a), (b)(1)-(2), and because the request is not primarily in the Brown Institute, MuckRock, or California Newsroom’s commercial interest, 45 C.F.R.§§ 5.45(a), (b)(3)(ii).
Disclosure of the requested information is likely to contribute significantly to the public understanding of the regulation of air pollution, which is harmful to human health. 45 C.F.R. § 5.54(b)(1). In particular, the requested information will shed light on exceptional events, a mechanism used by regulators to account for and exclude air pollution, information which is not “already in the public domain.” 45 C.F.R. § 5.54(b)(2)(i). As a nonprofit organization assisting other news media organizations on coverage of federal government policy, we have demonstrated our “ability and intention to effectively convey information to the public.” 45 C.F.R. § 5.54(b)(2)(ii).
Limitation of Fees
We are also entitled to a limitation of fees because we are a member of the news media. 45 C.F.R. § 5.53(b); 5 U.S.C. § 552(a)(4)(A)(ii)(II). Accordingly, even if our application for a waiver of all fees is denied, we are entitled to a limitation of fees. As a news media requester, we are “entitled to search time, review time, and up to 100 pages of duplication” and can be charged only duplication fees after the first 100 pages or its cost equivalent. 45 C.F.R. § 5.53(b). We request that the information be provided in its native electronic format, and thus there should be no duplication fees.
Request for Expedited Processing
We also ask that the information requested be disclosed on an expedited basis. Expedited processing is appropriate here because a “compelling need” exists for disclosure of the requested information. 5 U.S.C. § 552(a)(6)(E)(i)(I). A compelling need exists when, with respect to a request made by a person primarily engaged in disseminating information to the public, there is “an urgent need to inform the public about an actual or alleged Federal Government activity.” 45 C.F.R. §5.27(b)(2).
As a news organization, we are primarily engaged in disseminating information to the public. Over the last several years, wildfires have grown, and with them, so has pollution from particulate matter and ozone. Climate change is a significant factor in the understanding of five of the six criteria pollutants, and understanding how criteria pollution overall is excepted is crucial to public understanding of the management of health risks. The information requested thus concerns “a matter of exigency to the American public” and “the consequences of delaying a response would compromise a significant recognized interest.” Bloomberg, L.P. v. United States Food & Drug Admin., 500 F. Supp. 2d 371, 377 (S.D.N.Y. 2007) (quoting Al-Fayed v. C.I.A., 254 F.3d 300, 310 (D.C. Cir. 2001)).
Request for Explanation of Withholdings and Redactions
If this request is denied in whole or in part, please provide a reasonable description of any withheld materials and a justification for all such withholdings that includes reference to the specific FOIA exemptions authorizing withholding and specific reasons why such exemptions apply. 45 C.F.R. § 5.31. An agency shall withhold information only if “the agency reasonably foresees that disclosure would harm an interest protected by an exemption” or “disclosure is prohibited by law.” 5 U.S.C. § 552(a)(8)(A)(i). We therefore request that if the EPA determines that an exemption applies that it also provide specific reasons why disclosure would harm any interest protected by such exemption. An agency shall also “consider whether partial disclosure of information is possible whenever the agency determines that a full disclosure of a requested record is not possible” and “take reasonable steps necessary to segregate and release nonexempt information.” Id. 552(a)(8)(A)(ii). We therefore request that the EPA release all segregable portions of otherwise exempt material.
Sincerely,
Dillon Bergin
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,
Dillon Bergin
-
exceptional_events_1_1_2016_copy_for_MuckRock.xls
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.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-2023-005159&type=Request)
* Tracking Number: EPA-2023-005159
* Requester Name:
Dillon Bergin
* Date Submitted: 07/02/2023
* Request Status: Submitted
* Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
I request the entire raw data or database - in a machine-readable database or spreadsheet format such as Excel, CSV, Access, SQL or XML - from which the dataset "exceptional_events_1_1_2016_copy_for_MuckRock.csv" attached to this request originally stems from. This data was provided to me, Dillon Bergin, on June 13, 2023 after email correspondence with Melissa Sullivan and Shayla Powell (sullivan.melissa@epa.gov and Powell.Shayla@epa.gov). I am now requesting the entire raw data or database and all fields original fields therein.
The data should include all fields in the database or spreadsheets that contain non-exempt information, including but not limited to all fields in the example data included in this email. I also request all documentation that describes the layout of the database’s tables and fields, and that provides the definitions of any field names, codes, and abbreviations used in the database. This information may be gathered together in a single document like a data dictionary, entity layout, or user's guide. If that is the case, I request access to and copy of said document.
This is an expedited request by the Brown Institute for Media Innovation, MuckRock, and the California Newsroom (“Brown Institute,”“MuckRock,” and “California Newsroom”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552.
Fee Waiver Request
A waiver of search and review fees is appropriate here because disclosure of the requested information is in the public interest under 5 U.S.C. § 552(a)(4)(A)(iii) and 45 C.F.R. § 5.54(a), (b)(1)-(2), and because the request is not primarily in the Brown Institute, MuckRock, or California Newsroom’s commercial interest, 45 C.F.R.§§ 5.45(a), (b)(3)(ii).
Disclosure of the requested information is likely to contribute significantly to the public understanding of the regulation of air pollution, which is harmful to human health. 45 C.F.R. § 5.54(b)(1). In particular, the requested information will shed light on exceptional events, a mechanism used by regulators to account for and exclude air pollution, information which is not “already in the public domain.” 45 C.F.R. § 5.54(b)(2)(i). As a nonprofit organization assisting other news media organizations on coverage of federal government policy, we have demonstrated our “ability and intention to effectively convey information to the public.” 45 C.F.R. § 5.54(b)(2)(ii).
Limitation of Fees
We are also entitled to a limitation of fees because we are a member of the news media. 45 C.F.R. § 5.53(b); 5 U.S.C. § 552(a)(4)(A)(ii)(II). Accordingly, even if our application for a waiver of all fees is denied, we are entitled to a limitation of fees. As a news media requester, we are “entitled to search time, review time, and up to 100 pages of duplication” and can be charged only duplication fees after the first 100 pages or its cost equivalent. 45 C.F.R. § 5.53(b). We request that the information be provided in its native electronic format, and thus there should be no duplication fees.
Request for Expedited Processing
We also ask that the information requested be disclosed on an expedited basis. Expedited processing is appropriate here because a “compelling need” exists for disclosure of the requested information. 5 U.S.C. § 552(a)(6)(E)(i)(I). A compelling need exists when, with respect to a request made by a person primarily engaged in disseminating information to the public, there is “an urgent need to inform the public about an actual or alleged Federal Government activity.” 45 C.F.R. §5.27(b)(2).
As a news organization, we are primarily engaged in disseminating information to the public. Over the last several years, wildfires have grown, and with them, so has pollution from particulate matter and ozone. Climate change is a significant factor in the understanding of five of the six criteria pollutants, and understanding how criteria pollution overall is excepted is crucial to public understanding of the management of health risks. The information requested thus concerns “a matter of exigency to the American public” and “the consequences of delaying a response would compromise a significant recognized interest.” Bloomberg, L.P. v. United States Food & Drug Admin., 500 F. Supp. 2d 371, 377 (S.D.N.Y. 2007) (quoting Al-Fayed v. C.I.A., 254 F.3d 300, 310 (D.C. Cir. 2001)).
Request for Explanation of Withholdings and Redactions
If this request is denied in whole or in part, please provide a reasonable description of any withheld materials and a justification for all such withholdings that includes reference to the specific FOIA exemptions authorizing withholding and specific reasons why such exemptions apply. 45 C.F.R. § 5.31. An agency shall withhold information only if “the agency reasonably foresees that disclosure would harm an interest protected by an exemption” or “disclosure is prohibited by law.” 5 U.S.C. § 552(a)(8)(A)(i). We therefore request that if the EPA determines that an exemption applies that it also provide specific reasons why disclosure would harm any interest protected by such exemption. An agency shall also “consider whether partial disclosure of information is possible whenever the agency determines that a full disclosure of a requested record is not possible” and “take reasonable steps necessary to segregate and release nonexempt information.” Id. 552(a)(8)(A)(ii). We therefore request that the EPA release all segregable portions of otherwise exempt material.
Sincerely,
Dillon Bergin
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,
Dillon Bergin
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/Dillon-Bergin/123736/exceptional_events_1_1_2016_copy_for_MuckRock.xls
Upload documents directly: https://www.muckrock.com/
From: Environmental Protection Agency
07/03/2023
Dillon Bergin
MuckRock News, DEPT MR148501
263 Huntington Ave
Boston, MA, 02115
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2023-005159
Hello:
Please see attached letter.
Sincerely,
National FOIA Office
U.S. Environmental Protection Agency
From: Environmental Protection Agency
Dear Dillon Bergin:
The EPA Office of the Administrator has received your Freedom of Information Act request dated July 2, 2023, with the designation EPA-2023-005159. Your request seeks, "the entire raw data or database - in a machine-readable database or spreadsheet format such as Excel, CSV, Access, SQL or XML - from which the dataset "exceptional_events_1_1_2016_copy_for_MuckRock.csv" attached to this request originally stems."
An initial review of your request indicates a need to consult with, and collect records from, multiple components of the Agency. Therefore, your request is being placed on the “complex” processing track with an estimated completion date of November 3, 2023. If you have questions regarding this determination, please feel free to contact Mariana Cubeddu at (202) 564-6566 or Cubeddu.Mariana@epa.gov.
You may also seek dispute-resolution services through the EPA’s FOIA public liaison at hq.foia@epa.gov or (202) 566-1667 or through the National Archives and Records Administration’s Office of Government Information Services via email ogis@nara.gov; by calling (202) 741-5770 or (877) 684-6448; or by mail to Office of Government Information Services, National Archives and Records Administration, 8610 Adelphi Road, Room 2510, College Park, Maryland 20740.
Thank you for your patience and for your interest in the U.S. Environmental Protection Agency.
From: Environmental Protection Agency
Your request for Expedited Processing for the FOIA request EPA-2023-005159 has been
denied.
* Expedited Processing Original Justification:
We also ask that the information requested be disclosed on an expedited basis. Expedited processing is appropriate here because a “compelling need” exists for disclosure of the requested information. 5 U.S.C. § 552(a)(6)(E)(i)(I). A compelling need exists when, with respect to a request made by a person primarily engaged in disseminating information to the public, there is “an urgent need to inform the public about an actual or alleged Federal Government activity.” 45 C.F.R. §5.27(b)(2).
As a news organization, we are primarily engaged in disseminating information to the public. Over the last several years, wildfires have grown, and with them, so has pollution from particulate matter and ozone. Climate change is a significant factor in the understanding of five of the six criteria pollutants, and understanding how criteria pollution overall is excepted is crucial to public understanding of the management of health risks. The information requested thus concerns “a matter of exigency to the American public” and “the consequences of delaying a response would compromise a significant recognized interest.” Bloomberg, L.P. v. United States Food & Drug Admin., 500 F. Supp. 2d 371, 377 (S.D.N.Y. 2007) (quoting Al-Fayed v. C.I.A., 254 F.3d 300, 310 (D.C. Cir. 2001)).
* Expedited Processing Disposition Reason:
Request does not meet criteria
From: Environmental Protection Agency
07/14/2023
Dillon Bergin
MuckRock News, DEPT MR148501
263 Huntington Ave
Boston, MA, 02115
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2023-005159
Hello:
Please see attached letter.
Sincerely,
National FOIA Office
U.S. Environmental Protection Agency
From: Environmental Protection Agency
Hi:
Please see attached.
Sincerely,
EPA National FOIA Office
From: Environmental Protection Agency
Your request for Fee Waiver for the FOIA request EPA-2023-005159 has been
denied.
* Fee Waiver Original Justification:
A waiver of search and review fees is appropriate here because disclosure of the requested information is in the public interest under 5 U.S.C. § 552(a)(4)(A)(iii) and 45 C.F.R. § 5.54(a), (b)(1)-(2), and because the request is not primarily in the Brown Institute, MuckRock, or California Newsroom’s commercial interest, 45 C.F.R.§§ 5.45(a), (b)(3)(ii).
Disclosure of the requested information is likely to contribute significantly to the public understanding of the regulation of air pollution, which is harmful to human health. 45 C.F.R. § 5.54(b)(1). In particular, the requested information will shed light on exceptional events, a mechanism used by regulators to account for and exclude air pollution, information which is not “already in the public domain.” 45 C.F.R. § 5.54(b)(2)(i). As a nonprofit organization assisting other news media organizations on coverage of federal government policy, we have demonstrated our “ability and intention to effectively convey information to the public.” 45 C.F.R. § 5.54(b)(2)(ii).
Limitation of Fees
We are also entitled to a limitation of fees because we are a member of the news media. 45 C.F.R. § 5.53(b); 5 U.S.C. § 552(a)(4)(A)(ii)(II). Accordingly, even if our application for a waiver of all fees is denied, we are entitled to a limitation of fees. As a news media requester, we are “entitled to search time, review time, and up to 100 pages of duplication” and can be charged only duplication fees after the first 100 pages or its cost equivalent. 45 C.F.R. § 5.53(b). We request that the information be provided in its native electronic format, and thus there should be no duplication fees.
* Fee Waiver Disposition Reason:
Sent fee waiver determination to requester 7/26/2023
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 July 2, 2023. You had previously indicated that it would be completed on Nov. 3, 2023. 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-2023-005159.
Thanks for your help, and let me know if further clarification is needed.
From: Environmental Protection Agency
To the U.S. EPA FOIA Requester Community,
Some in the EPA Requester community have encountered problems creating FOIAXpress Public Access Link (PAL) accounts in the Agency's new FOIA application FOIAXpress. With the FOIAXpress application, the PAL is the best method for EPA to release voluminous records to our Requesters, without encountering MB-limiting firewalls and such transmission impediments.
The Agency is working diligently to solve this FOIAXpress issue. In the interim, we have taken the step to "push" a system-generated invitation to create a PAL account to you. You should receive an email from address noreply_nfo@epa.gov<mailto:noreply_nfo@epa.gov> with instructions on how to take the next steps to successfully establish the PAL account.
If you chose to establish this account, this would then ensure that all future interim and final responses from your FOIA requests to EPA will be available for download via the PAL. It will also allow you to submit any new requests to U.S. EPA using your PAL account.
Regards,
Rebecca Clausen, on behalf of the
EPA FOIAXpress Implementation Team
From: Environmental Protection Agency
Dear Dillon Bergin,
Please select the link below to create your password.
EPA Public Access Link: https://foiapublicaccessportal.epa.gov/App/SetPassword.aspx?aun=iSU+kAjfkL0daWcPW2oqtxZKtzDd3WZaObgpSs6eWSg=
Regards,
EPA National FOIA Office
From: Environmental Protection Agency
Dear Dillon Bergin,
An existing FOIA request profile has been located in EPAs FOIAXpress database with the email address requests@muckrock.com and a temporary password has been sent to that email address.
Please check your email and return to https://foiapublicaccessportal.epa.gov/ to sign in. (https://test-foiapublicaccessportal.epa.gov/)
To sign in to EPA's Public Access Link,
To sign in your account in EPA’s Public Access Link,
* Click Sign In (upper right)
* Enter your email address in the User Name field
* Enter your temporary password in the Password field
* Click the Sign In button
* Click My Account (upper right) Review and update your profile For your security, kindly change the password provided by us.
Regards,
EPA National FOIA Office
From: Environmental Protection Agency
Dear Dillon Bergin,
An existing FOIA request profile has been located in EPAs FOIAXpress database with the email address requests@muckrock.com and a temporary password has been sent to that email address.
Please check your email and return to https://foiapublicaccessportal.epa.gov/ to sign in. (https://test-foiapublicaccessportal.epa.gov/)
To sign in to EPA's Public Access Link,
To sign in your account in EPA’s Public Access Link,
* Click Sign In (upper right)
* Enter your email address in the User Name field
* Enter your temporary password in the Password field
* Click the Sign In button
* Click My Account (upper right) Review and update your profile For your security, kindly change the password provided by us.
Regards,
EPA National FOIA Office
From: Environmental Protection Agency
FOIA Request 2023-OAR-05159 has been processed with the following final disposition: Other Reasons - No Records.
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