Document qmEZekD1YXBdbazdMn8K2XoQj
Colleen Zimmerman Public Employees for Environmental Responsibility 962 Wayne Avenue, Suite 610 Silver Spring, MD 20910
Re: Freedom of Information Act Request 2025-EPA-06517
Dear Ms. Zimmerman:
This letter is in response to your Freedom of Information Act request received by the U.S. Environmental Protection Agency on July 2, 2025, in which you requested:
[T]he following documents issued by EPA Region 10 since January 20, 2021, for any enforcement actions that have not been resolved through a final administrative or judicial consent decree or judgment, or by a final administrative order:
a) Excluding information requests issued by other program offices, e.g., those that may be used to develop or revise new regulations, copies of all information requests issued pursuant to EPA's statutory authority to request data, records and other information that may be used to determine whether a source is in compliance with the requirements of any federal environmental law administered by EPA.
b) All notices of violation issued by the EPA region to any source. c) Inspection reports prepared following onsite inspections and flyovers. d) Any judicial consent decrees that were lodged in federal court but have not yet been
entered as final by that court.
Based on your communications with EPA Region 3 in August 2025, we understand that you agreed to modify your request to the same scope as the very similar FOIA requests that EPA received from the Environmental Integrity Project, Region 10 FOIAs 25-04366, 25-04641 and 25-05776. For those FOIAs, the following records were excluded from EPA's response:
1. Information claimed confidential business information (CBI); 2. Attachments to inspection reports; 3. Clean Air Act Mobile Source (vehicle) inspection reports; 4. RCRA Subtitle I underground storage tank inspection reports; and 5. OPA/CWA Section 311 inspection reports and related SPCC, FRP and GIUE information.
We also understand, based on your communication with Region 3, that you are requesting records up to March 18, 2025.
The EPA is releasing records responsive to your request in FOIAXpress. The EPA also uploaded the records to Microsoft SharePoint, which you may access at the following link using your email address: CZimmerman 2025-EPA-06517 Feb 2026 Interim R10. The records in the folder at the SharePoint link will be available to you for sixty days. If you have questions regarding access to Microsoft SharePoint, please email Salee Porter at Porter.Salee@epa.gov.
We are withholding portions of records from disclosure by virtue of 5U.S.C.552(b)(6) because the disclosure of this information would constitute a clearly unwarranted invasion of personal privacy.
In accordance with 5 U.S.C. 552(a)(8)(A)(i)(I), the EPA has considered the foreseeable harm standard when reviewing records for potential application of FOIA exemptions.
This is an interim response, and the EPA continues to work on your request. Pursuant to 40C.F.R.2.104(f), given the scope of the request, the EPA anticipates that the response requires a significant amount of resources and time to search for, collect, and appropriately examine a voluminous amount of records; and to consult among two or more components of the Agency having substantial subject-matter interest in the determination of the request. At this time, the EPA still estimates the Agency will be able to complete the response to this request by May 20, 2026. If we can respond sooner, we will let you know.
If you have any questions regarding this response or would like to modify or narrow your request so that it may be processed sooner, please contact Jennifer MacDonald, Attorney, at MacDonald.Jennifer@epa.gov or (206) 553-8311. If you need further assistance, you may contact EPA's FOIA Public Liaison by email at: hq.foia@epa.gov or by telephone at:(202) 566-1667. You may also seek assistance from the Office of Government Information Services. You may contact OGIS by email at: ogis@nara.gov; by telephone at:(202) 741-5770 or (877) 684-6448; by fax at: (202) 741-5769; or by mail at:
Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road College Park, MD 20740-6001
Your request is not being closed at this time. When your request is closed, you will receive information concerning your appeal rights for any part of the EPA's response.
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If you have questions regarding our response to this request, please contact Ms. MacDonald. This is an EPA Region 10 interim response to FOIA Request 2025-EPA-06517.
Sincerely,
EDWARD KOWALSKI
Digitally signed by EDWARD KOWALSKI Date: 2026.02.10 14:54:16 -08'00'
Edward J. Kowalski
Director
Enforcement and Compliance Assurance
Division
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