FOIA request regarding Hovensa TSEP Fund documents
| Tracking # |
EPA-2021-004277 , EPA-R2-2021-004277 EPA-2021-004277 |
| Submitted | May 12, 2021 |
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Communications
From: Kristoffer Tigue
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
1) All "balance statements and proposed budgets and descriptions of the activities to be performed" provided to the Environmental Protection Agency between February 10, 2016 and May 5, 2021 in regard to the Territorial Supplemental Environmental Projects Fund (TSEP Fund), as dictated by the 2011 Hovensa Consent Decree, Section IX.A and as laid out in Environmental Response Trust Agreement (Doc. 626-1 in Case No. 1:15-10003-MFW ), filed with the United States District Court for the District of the Virgin Islands, Bankruptcy Division.
By "balance statements and proposed budgets and descriptions of the activities to be performed," I'm referring to any documents defined under the Environmental Response Trust Agreement ARTICLE III Section 3.2, which reads in part: "Within sixty (60) days following the Environmental Response Trust Effective Date in the first year and thereafter by or before January 1 of each calendar year, the Environmental Response Trustee shall provide the EPA and the DPNR with balance statements and proposed budgets and descriptions of the activities to be performed as described in sections 3.2.1 and 3.2.2 of this Agreement."
2) All publicly available documents related to disbursement of funds from the TSEP Fund that were submitted to the EPA for review and comment, as well as any documented responses from the EPA to the Virgin Islands government regarding the review and consultation process as defined under Section IX.A .c of the 2011 Hovensa Consent Decree, which reads as follows: "Not later than ninety (90) Days prior to any request by the Virgin Islands for disbursement of funds pursuant to this Paragraph, the Virgin Islands (after consultation with EPA and Hovensa) shall submit for review and comment by EPA and Hovensa a written description of the project(s) to be funded, the purpose and anticipated environmental benefits of the project(s), the recipient(s) of the funding, and any other necessary and relevant information describing the project(s) to be funded. Following consultation, review and comment, the written description of the project(s) will be revised as needed by the Virgin Islands to reflect EPA’s and Hovensa’s comments."
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,
Kristoffer Tigue
From: Environmental Protection Agency, Region 2
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-2021-004277&type=request)
* Tracking Number: EPA-2021-004277
* Requester Name: Kristoffer Tigue
* Date Submitted: 05/12/2021
* Request Status: Submitted
* Description:
Please See attachment for description.
From: Environmental Protection Agency, Region 2
05/13/2021
Kristoffer Tigue
MuckRock News DEPT MR 112425
411A Highland Ave
Somerville, MA, 02144
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2021-004277
Hello,
This letter concerns the above-mentioned Freedom of Information Act (FOIA) request, submitted to the U.S. Environmental Protection Agency (EPA), National FOIA Office (NFO) on 05/12/2021. You are seeking the following records: Please See attachment for description..
Your FOIA request was assigned for processing. If you have any questions about your request, please contact the office mentioned below and reference your FOIA request tracking number EPA-2021-004277.
Region 2 FOIA Program: You may contact Region 2’s Wanda Calderon at (212) 637-3668 or calderon.wanda@epa.gov. (mailto:calderon.wanda@epa.gov)
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.
Sincerely,
National FOIA Office
U.S. Environmental Protection Agency
From: Environmental Protection Agency, Region 2
The FOIA request EPA-2021-004277 has had its Tracking Number changed to EPA-R2-2021-004277. 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-2021-004277
* New Tracking Number:
EPA-R2-2021-004277
* Requester Name:
Kristoffer Tigue
* Date Submitted:
05/12/2021
* Long Description:
Please See attachment for description.
From: Environmental Protection Agency, Region 2
06/01/2021
Mr. Kristoffer Tigue
MuckRock News DEPT MR 112425
411A Highland Ave
Somerville, MA 02144
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-R2-2021-004277
Hello,
This letter concerns the above-mentioned Freedom of Information Act (FOIA) request, submitted to the U.S. Environmental Protection Agency (EPA), National FOIA Office (NFO) on 05/12/2021. You are seeking the following records: (See FOIA request for subject)
Your FOIA request was assigned to the EPA Region 2 FOIA program (RFP) for processing. If you have any questions about your request, please contact me and reference your FOIA request tracking number EPA-R2-2021-004277.
Pursuant to 40 C.F.R. § 2.104(d), an extension of time is necessary to respond to your request. Given the scope of the request, EPA anticipates that the response will require a significant amount of EPA’s resources and time to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request and for consultation with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein. EPA anticipates the response completion date will be on or prior to 07/02/2021. If EPA will require more time, our FOIA Program will contact you to provide information on the estimated date of completion. EPA will endeavor to make interim releases wherever possible. If you would like to modify or narrow your request so that it may be processed sooner, please contact the below-mentioned FOIA Program.
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 mailto:press@epa.gov. (mailto:press@epa.gov.)
It was a pleasure speaking to you, Sir! Thank you for contacting EPA.
Sincerely,
Wanda Calderon
Government Information Specialist
Office of Regional Counsel
EPA Region 2 FOIA Program (RFP)
212-637-3668
calderon.wanda@epa.gov (mailto:calderon.wanda@epa.gov)
www.epa.gov/foia (http://www.epa.gov/foia)
From: Environmental Protection Agency, Region 2
EPA-R2-2021-004277 has been approved for an interim release.
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: 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. View Records (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-R2-2021-004277&type=request)
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EPA-R2-2021-004277_Records
From: Environmental Protection Agency, Region 2
Hi Mr. Tigue,
I hope you are well. I was on the call when you spoke with Paul Simon earlier this month. I am reaching out with an update and to follow up.
The EPA made an interim release of records on June 23 for FOIA request number EPA-R2-2021-004277. Did you have a chance to review the records? I wasn't sure you saw them. FOIAonline is showing you are set up to receive notices through a Muckrock email address, requests@muckrock.com<mailto:requests@muckrock.com>. I'm following up to the address you posted on twitter, kristoffer.tigue@insideclimatenews.org<mailto:kristoffer.tigue@insideclimatenews.org>, cc'ing the Muckrock address.
We are working on releasing more records for that FOIA request, and also on producing records for your other FOIA request, EPA-R2-2021-004141. We encountered some technical issues with the records for EPA-R2-2021-004141 because some date back to 2016, and we worked through them with IT support over the course of a few days. It slowed progress. With your requests due on 7/2, and the 4th of July holiday coming up, we are hopeful you are amenable to an extension to August 4 for the requests, on the basis of continued efforts to provide you with as much as we can as soon as we can before.
Can you please send me a confirming email if that is ok? If you like we can discuss on the phone. Or hopefully so. Are you in NYC? I received an emergency alert a few minutes ago on my phone that made a sound like an AMBER alert, telling people to turn electricity down. It sounds like the city may be in for a blackout. I rushed to email you in case email programs, etc. will be out of commission.
Thank you.
Tally
Tally M. Wiener, Esq.
Office of Regional Counsel
U.S. EPA, Region 2
290 Broadway, 17th Floor
New York, NY 10007
(212) 637-3204
[cid:image001.jpg@01D76DCF.62505A50]
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image001
From:
Hi Tally. I did see the documents so far (and will download the most recent
set). And that's fine re: Aug 4. Thanks for sending what you have when you
have it.
Haven't lost power yet. Fingers crossed!
Best,
Kristoffer
From: Kristoffer Tigue
Tally,
I'm just replying here from the muckrock interface as well, just for a paper trail here. Again, the Aug. 4 adjustment is fine. Thanks!
Kristoffer
From: Environmental Protection Agency, Region 2
EPA-R2-2021-004277 has been approved for an interim release.
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: 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. View Records (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-R2-2021-004277&type=request)
There are too many files to display on this communication. See all files
From: Environmental Protection Agency, Region 2
EPA-R2-2021-004277 has been approved for an interim release.
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: 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. View Records (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-R2-2021-004277&type=request)
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EPA-R2-2021-004277_Records
From: Environmental Protection Agency, Region 2
EPA-R2-2021-004277 has been processed with the following final disposition: Full Grant.
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: 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. View Records (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-R2-2021-004277&type=request)
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EPA-R2-2021-004277_Records_1
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