Re: Expedited Freedom of Information Act Request
It is a clone of this request.
| Tracking # |
EPA-R5-2023-002466 EPA-2023-002466 EPA-2023-002466 EPA-2023-002466 |
| Submitted | Feb. 17, 2023 |
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Communications
From: Dillon Bergin
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, for all submitted, denied and confirmed exceptional events related to criteria pollutants. A partial list of Example Submissions, Demonstrations and EPA responses prepared under the 2016 Exceptional Events Rule has been publicly posted by the EPA here: https://www.epa.gov/air-quality-analysis/example-demonstrations-and-epa-responses-prepared-under-2016-exceptional
Document Request
We seek copies of the following records submitted to and prepared by the EPA Regional Office between September 30, 2016, through February 15, 2023:
1. All initial notification packages created by state, local, or tribal agencies now held by the EPA Regional Office. By this language, we intend to include emails or any other records of communication containing, for example, the potential date of event, relevant criteria pollutant, location, and potential regulatory decision affected (such as designation, classification, attainment determination, attainment date extension, or finding of SIP inadequacy leading to SIP call). An example of an Initial Notification Summary for PM2.5 from EPA Region 9 has been attached to this request.
2. Any acknowledgement or response from EPA to initial notifications or notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
4. All subsequent responses and decisions communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
We request that all of these records be produced in their native electronic formats with any attached metadata included, so long as such electronic files can be opened using standard commercially available software. If the files cannot be produced in this manner, we request that records be produced in an alternative electronic format that is text-searchable. 5 U.S.C. § 552(a)(3)(B)
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 Is in the Public Interest
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.
***
Thank you for your prompt attention to this request. If you have any questions or concerns about what we are seeking, please do not hesitate to contact us at the email address below. Pursuant to the applicable FOIA provision and departmental regulations, we expect a response regarding this request within the ten (10) working day time limit set by law. 45 C.F.R. § 5.27(c); 5 U.S.C. § 552(a)(6)(E)(ii)(I).
Sincerely,
Brown Institute, MuckRock, and California Newsroom
℅ Brown Institute for Media Innovation
2950 Broadway
New York NY 10027
From: Environmental Protection Agency, Region 5
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-2023-002466&type=Request)
* Tracking Number: EPA-2023-002466
* Requester Name:
Dillon Bergin
* Date Submitted: 02/18/2023
* Request Status: Submitted
* Description:
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, for all submitted, denied and confirmed exceptional events related to criteria pollutants. A partial list of Example Submissions, Demonstrations and EPA responses prepared under the 2016 Exceptional Events Rule has been publicly posted by the EPA here: https://www.epa.gov/air-quality-analysis/example-demonstrations-and-epa-responses-prepared-under-2016-exceptional
Document Request
We seek copies of the following records submitted to and prepared by the EPA Regional Office between September 30, 2016, through February 15, 2023:
1. All initial notification packages created by state, local, or tribal agencies now held by the EPA Regional Office. By this language, we intend to include emails or any other records of communication containing, for example, the potential date of event, relevant criteria pollutant, location, and potential regulatory decision affected (such as designation, classification, attainment determination, attainment date extension, or finding of SIP inadequacy leading to SIP call). An example of an Initial Notification Summary for PM2.5 from EPA Region 9 has been attached to this request.
2. Any acknowledgement or response from EPA to initial notifications or notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
4. All subsequent responses and decisions communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
We request that all of these records be produced in their native electronic formats with any attached metadata included, so long as such electronic files can be opened using standard commercially available software. If the files cannot be produced in this manner, we request that records be produced in an alternative electronic format that is text-searchable. 5 U.S.C. § 552(a)(3)(B)
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 Is in the Public Interest
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.
***
Thank you for your prompt attention to this request. If you have any questions or concerns about what we are seeking, please do not hesitate to contact us at the email address below. Pursuant to the applicable FOIA provision and departmental regulations, we expect a response regarding this request within the ten (10) working day time limit set by law. 45 C.F.R. § 5.27(c); 5 U.S.C. § 552(a)(6)(E)(ii)(I).
Sincerely,
Brown Institute, MuckRock, and California Newsroom
℅ Brown Institute for Media Innovation
2950 Broadway
New York NY 10027
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/Dillon-Bergin/118141/EE-Initial-Notification-Summary-Example.pdf
https://cdn.muckrock.com/outbound_composer_attachments/Dillon-Bergin/118141/Expedited-FOIA-Request.pdf
Upload documents directly: https://www.muckrock.com/
From: Environmental Protection Agency, Region 5
02/22/2023
Dillon Bergin
MuckRock News, DEPT MR140814
263 Huntington Ave
Boston, MA, 02115
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2023-002466
Hello:
Please see attached letter.
Sincerely,
National FOIA Office
U.S. Environmental Protection Agency
From: Environmental Protection Agency, Region 5
The FOIA request EPA-2023-002466 has had its Tracking Number changed to EPA-R5-2023-002466. 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-2023-002466
* New Tracking Number:
EPA-R5-2023-002466
* Requester Name:
Dillon Bergin
* Date Submitted:
02/18/2023
* Long Description:
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, for all submitted, denied and confirmed exceptional events related to criteria pollutants. A partial list of Example Submissions, Demonstrations and EPA responses prepared under the 2016 Exceptional Events Rule has been publicly posted by the EPA here: https://www.epa.gov/air-quality-analysis/example-demonstrations-and-epa-responses-prepared-under-2016-exceptional
Document Request
We seek copies of the following records submitted to and prepared by the EPA Regional Office between September 30, 2016, through February 15, 2023:
1. All initial notification packages created by state, local, or tribal agencies now held by the EPA Regional Office. By this language, we intend to include emails or any other records of communication containing, for example, the potential date of event, relevant criteria pollutant, location, and potential regulatory decision affected (such as designation, classification, attainment determination, attainment date extension, or finding of SIP inadequacy leading to SIP call). An example of an Initial Notification Summary for PM2.5 from EPA Region 9 has been attached to this request.
2. Any acknowledgement or response from EPA to initial notifications or notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
4. All subsequent responses and decisions communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
We request that all of these records be produced in their native electronic formats with any attached metadata included, so long as such electronic files can be opened using standard commercially available software. If the files cannot be produced in this manner, we request that records be produced in an alternative electronic format that is text-searchable. 5 U.S.C. § 552(a)(3)(B)
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 Is in the Public Interest
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.
***
Thank you for your prompt attention to this request. If you have any questions or concerns about what we are seeking, please do not hesitate to contact us at the email address below. Pursuant to the applicable FOIA provision and departmental regulations, we expect a response regarding this request within the ten (10) working day time limit set by law. 45 C.F.R. § 5.27(c); 5 U.S.C. § 552(a)(6)(E)(ii)(I).
Sincerely,
Brown Institute, MuckRock, and California Newsroom
℅ Brown Institute for Media Innovation
2950 Broadway
New York NY 10027
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/Dillon-Bergin/118141/EE-Initial-Notification-Summary-Example.pdf
https://cdn.muckrock.com/outbound_composer_attachments/Dillon-Bergin/118141/Expedited-FOIA-Request.pdf
Upload documents directly: https://www.muckrock.com/
From: Environmental Protection Agency, Region 5
Your request for Expedited Processing for the FOIA request EPA-R5-2023-002466 has been
denied.
* Expedited Processing Disposition Reason:
Request does not meet criteria
From: Dillon Bergin
Hi Kaushal,
Thanks for getting back to us about the status of the expedited request.
When is the estimated completion date for this request?
Thanks and all best,
Dillon
From: Environmental Protection Agency, Region 5
Mr. Bergin
Your FOIA request has been placed on hold for clarification. We cannot proceed with your request until you clarify your request. Specifically, your request is asking for information about exceptional events records submitted to and prepared by the EPA Regional Office between September 30, 2016, through February 15, 2023. Region 5's public materials for the exceptional events during that timeframe are located in regulations.gov at the below links:
* Chicago
* State's EE demonstration<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0741-0014&data=05%7C01%7CLingard.Robert%40epa.gov%7Cbbbfda098d97432d83e708da594526e0%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637920450784588991%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=AuIMTloRqOF%2Fb1PevCyfi1UUZJcYBzenyicKcgdGRBM%3D&reserved=0>
* EPA response to initial notification<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0741-0011&data=05%7C01%7CLingard.Robert%40epa.gov%7Cbbbfda098d97432d83e708da594526e0%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637920450784901439%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=wVpJVdGs6P1B5T%2FzbPAhZtujxdyHaDbETp%2B4nuzmcQg%3D&reserved=0>
* EPA technical review (TSD)<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0741-0013&data=05%7C01%7CLingard.Robert%40epa.gov%7Cbbbfda098d97432d83e708da594526e0%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637920450784901439%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=nCQlpPyc9S12TEGnRazYU0bA8F1hKISoCfESiC3yOoM%3D&reserved=0>
* EPA final letter<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0741-0012&data=05%7C01%7CLingard.Robert%40epa.gov%7Cbbbfda098d97432d83e708da594526e0%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637920450784901439%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=YCXRtALnGvidSr5pfH6HjfzH2wy8ESw7KHYcL5rcJJA%3D&reserved=0>
* Cincinnati
* State's early notification<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0742-0036&data=05%7C01%7CLingard.Robert%40epa.gov%7Cbbbfda098d97432d83e708da594526e0%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C637920450784901439%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=1pZ1kK4869l%2FJUXWP%2Bfk6r%2F1zaujHqTS8nPE7pX%2BXHw%3D&reserved=0>
* EPA response to initial notification<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0742-0249&data=05%7C01%7CSieffert.Margaret%40epa.gov%7Cfa9330531b9e40dbb77108db18d9f7b9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638131096664020726%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=y%2Fl5KChk7JXzcGLZb2GuaiKjZmROJhzkRN4MVyc%2BPjA%3D&reserved=0>
* State's EE demonstration<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0742-0253&data=05%7C01%7CSieffert.Margaret%40epa.gov%7Cfa9330531b9e40dbb77108db18d9f7b9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638131096664176943%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=OgQ8wgVzlqx1Rc5Yv3EElqaNeTPz5nXMedzR6NIs4os%3D&reserved=0>
* State's EE demonstration appendices A to F<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0742-0252&data=05%7C01%7CSieffert.Margaret%40epa.gov%7Cfa9330531b9e40dbb77108db18d9f7b9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638131096664176943%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=jcLxobVGZYd9PV7SnCbiMOqe4iI65j%2Bc%2F6fSPrR3Fvo%3D&reserved=0>
* State's EE demonstration appendix G<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0742-0250&data=05%7C01%7CSieffert.Margaret%40epa.gov%7Cfa9330531b9e40dbb77108db18d9f7b9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638131096664176943%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FKlowhQ6VqB6FQdlR53GoYOQwMwuIIcTdByPk6133po%3D&reserved=0>
* EPA technical review (TSD)<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-HQ-OAR-2021-0742-0251&data=05%7C01%7CSieffert.Margaret%40epa.gov%7Cfa9330531b9e40dbb77108db18d9f7b9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638131096664176943%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=YjhC7mP4CHioDpe6LRnCuBJJMcCfdfmDjIbDBFgl3qc%3D&reserved=0>
* Detroit
* State's EE demonstration<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-R05-OAR-2023-0058-0002&data=05%7C01%7CSieffert.Margaret%40epa.gov%7Cfa9330531b9e40dbb77108db18d9f7b9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638131096664176943%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=N8Ec6TDHCvMHGkUlNpA55I9ArSilAEc5jQz1z4ZId64%3D&reserved=0>
* EPA technical review (TSD)<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-R05-OAR-2023-0058-0004&data=05%7C01%7CSieffert.Margaret%40epa.gov%7Cfa9330531b9e40dbb77108db18d9f7b9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638131096664176943%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=tcfsycS9Vh925m0CJ4L4qqGE%2BBbfrZjwP7VHOPCtP8Y%3D&reserved=0>
* EPA final letter<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.regulations.gov%2Fdocument%2FEPA-R05-OAR-2023-0058-0003&data=05%7C01%7CSieffert.Margaret%40epa.gov%7Cfa9330531b9e40dbb77108db18d9f7b9%7C88b378b367484867acf976aacbeca6a7%7C0%7C0%7C638131096664176943%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=JiYmX7aanZrJiQl3UmyXL08rBV%2FZeDUHTryS8KyTe3g%3D&reserved=0>
Does this satisfy your request? If it does, please withdraw your request. If it does not, please clarify what you are looking for beyond the publicly available documents.
Please let us know by COB 3/6/2023. If we do not hear back from you by 3/6/2023, EPA may issue a final determination to close out your request. Note that you are not prohibited from submitting additional FOIA requests in the future.
Sincerely,
Margaret Sieffert
There are too many files to display on this communication. See all files
From: Dillon Bergin
Hi Margaret,
Those are helpful examples of the exact type of documents we are looking for, but we want to be sure that what we receive is an exhaustive documentation of all exceptional event documents as listed in my original request. We did spend a significant amount of time speaking with experts about the process and reading example documents like the ones you've sent over, so I can't think of a better way to articulate what we're asking for than how it is described in our request.
I'm happy to talk those points over on the phone if you need, but again, we are requesting this to be sure we have these documents in full for the time period we described.
Thanks,
Dillon
From: Environmental Protection Agency, Region 5
Hi:
Please see attached.
Sincerely,
EPA National FOIA Office
From: Environmental Protection Agency, Region 5
Your request for Fee Waiver for the FOIA request EPA-R5-2023-002466 has been
determined to be not applicable as the request is not billable.
* Fee Waiver Disposition Reason:
N/A
From: Dillon Bergin
Hello,
Thank you for getting back to us on this!
Best,
Dillon
From: Environmental Protection Agency, Region 5
EPA-R5-2023-002466 has been processed with the following final disposition: Request Withdrawn.
From: Dillon Bergin
Hi,
I believe there was a misunderstanding. We did not indicate that we wanted to withdraw this request and we do not agree to withdraw this request.
When I said in my earlier email to Margaret Sieffert, "Those are helpful examples of the exact type of documents we are looking for, but we want to be sure that what we receive is an exhaustive documentation of all exceptional event documents as listed in my original request. We did spend a significant amount of time speaking with experts about the process and reading example documents like the ones you've sent over, so I can't think of a better way to articulate what we're asking for than how it is described in our request," I meant that the documents that Margaret provided were not received by us as a fulfillment of our request. We would like to continue with our request exactly as it we phrased in the request's original language.
I just left a message with Region 5’s Kaushal Gupta at (312) 886-6803 letting him know as well that we do not agree to withdraw this request and that we would like to continue with our request exactly as it we phrased in the request's original language.
We hope that this problem is fixed and this request is reopened as soon as possible. Please do not hesitate to call me at (267) 314-7952 if you have further questions.
Best,
Dillon
From: Dillon Bergin
I am just copy-and-pasting two additional links to this request, sent to me over email by Michelle Becker as additional response to this request.
"Hi Dillon,
Here is the publicly available information regarding Fort McMurray.
OEPA demonstration: https://epa.ohio.gov/static/Portals/27/sip/ozone/May_2016_exceptional_event_final.pdf
EPA concurrence: https://epa.ohio.gov/static/Portals/27/sip/ozone/USEPA_Letter_3-18-19.pdf
Please contact me with any additional questions or concerns."
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 18, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R5-2023-002466.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 18, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R5-2023-002466.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 18, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R5-2023-002466.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 18, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #EPA-R5-2023-002466.
Thanks for your help, and let me know if further clarification is needed.
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