Exceptional event notifications, demonstrations and correspondence (Department of Natural Resources)
| Tracking # |
23PRR10198 |
| Multi Request | Exceptional event notifications, demonstrations and correspondence |
| Submitted | May 26, 2023 |
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Communications
From: Dillon Bergin
To Whom It May Concern:
Pursuant to the Wisconsin Open Records Act, I hereby request the following records:
1. All draft submissions and final submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
2. Any acknowledgement or response from EPA to regarding demonstration submissions or initial notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All subsequent responses, decisions and correspondence communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
Limitation of Fees
We are 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 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.
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 10 business days.
Sincerely,
Dillon Bergin
From: Department of Natural Resources
Hello,
We have received your request and have begun processing it. Thank you, and please let me know if you have any questions.
Sincerely,
We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.
DNR Records Response
Wisconsin Department of Natural Resources
P.O. Box 7921, Madison, WI 53707
Phone: (608) 266-2177
DNRRecordsResponse@wisconsin.gov<mailto:DNRRecordsResponse@wisconsin.gov>
[cid:image001.gif@01D98FD7.00F88D50]<http://dnr.wi.gov/> dnr.wi.gov<http://dnr.wi.gov/>
[cid:image002.gif@01D98FD7.00F88D50]<http://facebook.com/WIDNR> [cid:image003.gif@01D98FD7.00F88D50] <https://twitter.com/WDNR> [cid:image004.gif@01D98FD7.00F88D50] <http://www.flickr.com/photos/widnr/> [cid:image005.gif@01D98FD7.00F88D50] <http://www.youtube.com/user/WIDNRTV> [cid:image006.gif@01D98FD7.00F88D50] <http://dnr.wi.gov/rss/>
From: Department of Natural Resources
Good afternoon,
I’ve been assigned to coordinate your public records request concerning:
Pursuant to the Wisconsin Open Records Act, I hereby request the following records:
1. All draft submissions and final submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
2. Any acknowledgement or response from EPA to regarding demonstration submissions or initial notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All subsequent responses, decisions and correspondence communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
I will contact you if and when any records responsive to your request are located. I will also contact you before processing this request if there will be any fees to locate records, for which the DNR has authority to pre-bill for public records requests, per Wis. Stat. § 19.35(3)(c).
Please let me know if you have any questions.
Thank you,
We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.
Meg Schaeffer-Utter
she/her/hers
Phone: (608) 266-7524
MegE.SchaefferUtter@wisconsin.gov
From: Dillon Bergin
Hi there,
That's great. Thank you for your work on this.
My best,
Dillon Bergin
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Wisconsin Open Records Act request, copied below, and originally submitted on May 26, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #23PRR10198.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Natural Resources
Good afternoon,
Thank you for your email. The Air Management Program coordinator is out of the office until June 26, 2023. When she returns, I will continue working with the Air Management Program to provide you a time estimate to locate records that may be responsive to your request.
Thank you,
We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.
Meg Schaeffer-Utter
she/her/hers
Phone: (608) 266-7524
MegE.SchaefferUtter@wisconsin.gov
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From: Dillon Bergin
Hi Meg,
That sounds good to me. Thank you for your help!
I will be looking forward to hearing more from you this week.
My best,
Dillon
From: Department of Natural Resources
Good morning,
The Air Program likely has one to two documents related to this request, but they are at least ten years old and the event was not of regulatory significance. Please let me know if you would be interested in these documents.
Thank you,
We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.
Meg Schaeffer-Utter
she/her/hers
Phone: (608) 266-7524
MegE.SchaefferUtter@wisconsin.gov
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From: Dillon Bergin
Hi Meg,
Thanks for getting back to me and checking. We'd be happy to receive those documents.
My best,
Dillon Bergin
From: Department of Natural Resources
Good morning,
In response to your public records request, submitted on May 26, 2023, the Wisconsin Department of Natural Resources (Department) has searched for records concerning:
Pursuant to the Wisconsin Open Records Act, I hereby request the following records:
1. All draft submissions and final submissions of demonstrations of exceptional events related to criteria pollutants, as submitted by state, local, or federal authorities.
2. Any acknowledgement or response from EPA to regarding demonstration submissions or initial notification packages, as described in 40 C.F.R. 50.14 (Table 2).
3. All subsequent responses, decisions and correspondence communicated by the EPA, including approvals, denials or requests for more information, as described in 40 C.F.R. 50.14.
The Department has concluded its search and located records responsive to your request. The responsive records are attached to this message.
At this time your public records request will be considered closed.
Please let me know if you have any questions.
Thank you,
We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.
Meg Schaeffer-Utter
she/her/hers
Phone: (608) 266-7524
MegE.SchaefferUtter@wisconsin.gov
Pursuant to Wis. Stat. § 19.35(4)(b), these determinations are subject to review by mandamus under Wis. Stat. § 19.37(1) or upon application to a district attorney or the Attorney General.
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