Official records request

hswriter@frontiernet.net to:

R9FOIA, R9.Info, R9AirPermits, 

bwalker@co.shasta.ca.us, Kara 

Christenson, Celeste, 

11/09/2013 03:50 PM

From: "hswriter@frontiernet.net" <hswriter@frontiernet.net>

To: R9FOIA@EPA, R9.Info@EPA, R9AirPermits@EPA, "bwalker@co.shasta.ca.us" 

<bwalker@co.shasta.ca.us>, Kara Christenson/R9/USEPA/US@MSO365, Celeste 

<mysecretfires@gmail.com>, "marily-lobo@hotmail.com" <marily-lobo@hotmail.com>, 

Please respond to "hswriter@frontiernet.net" <hswriter@frontiernet.net>

History: This message has been forwarded.

FREEDOM OF INFORMATION REQUEST

November 9th, 2013

FOIA Officer Ivry Johnson

Environmental Protection Agency

75 Hawthorne St

San Francisco, CA 94105

(415) 947-8000

(415) 947-3553 (fax)

r9.info@epa.gov

RE: Expedited FOIA request w/fee waiver 

Dear Ms. Johnson, 

Pursuant to my rights under the California Public Records 

Act (Government Code Section 6250 et seq.) and the 

Freedom of Information Act (5 U.S.C. subsection 552); and 

on behalf of Citizens For Clean Air, I am requesting the 

following documents:

All communication inside and outside your agency from July 

13th, 2013 to November 8th, 2013. Specifically all 

communication in any form with Sierra Pacific Industries 

regarding your agency's intent to circulate a petition for the 

proposed permit 'modification' for Sierra Pacific 

Industries-Anderson released November 8th, 2013. 

Any new construction that classifies as a new source of 

hazardous pollutant under the Clean Air Act must conduct 

and circulate an environmental study on the project. Please 

provide a copy of EPA Region 9's Environmental Impact 

Statement for the project as well as documentation of when 

it was available for review and the notices published. 
Do to recent changes in the law, please be sure to include 

the section of the study regarding CO2/greenhouse gas 

emissions. 

In the Notice of Intent released November 8th, 2013, the 

proposed action states Region 9 proposes to “authorize air 

pollutant emissions from the expansion of a facility operated 

by Sierra Pacific Industries-Anderson Division” 

Proposed Action: The United States Environmental 

Protection Agency (EPA) Region 9 provides notice of EPA 

Region 9’s proposed action to authorize air pollutant 

emissions from the expansion of a facility operated by Sierra 

Pacific Industries-Anderson Division (SPI or SPI-Anderson). 

EPA Region 9 is proposing a modification of the Prevention 

of Significant Deterioration (PSD) permit for this facility that 

would grant conditional approval, in accordance with the 

PSD regulations (40 CFR 52.21), to SPI to construct and 

operate a new cogeneration unit and ancillary equipment at 

its existing lumber manufacturing facility in Anderson, 

California. 

When Sierra Pacific Industries introduced this project in 

2009, they had planned to build a brand new facility/source 

of emission. Please provide any documents that show 

changes in the project from new construction to an 

'expansion'. 

I ask that this FOIA be expedited because the information is 

timely for our upcoming comments and any future appeals. 

I ask that you provide these copies by email at 

hswriter@frontiernet.net. (paper if email is not 

available).

I also ask for a determination on this request within 20 days 

as required by law. 

If you determine that any or all of the information qualifies 

for an exemption from disclosure, I ask you to note whether, 

as is normally the case under the Act, the exemption is 

discretionary, and if so whether it is necessary in this case to 

exercise your discretion to withhold the information.

If you determine that some but not all of the information is 

exempt from disclosure and that you intend to withhold it, I 

ask that you redact it for the time being and make the rest 

available as requested.
In any event, please provide a signed notification citing the 

legal authorities on which you rely if you determine that any 

or all of the information is exempt and will not be disclosed.

“Congress was particularly 

concerned that agencies were using 

search and copying costs to 

prevent critical monitoring of 

their activities: 'Indeed 

experience suggests that agencies 

are most resistant to granting fee 

waivers when they suspect that the 

information sought may cast them 

in a less than flattering light or 

may lead to proposals to reform 

their practices. Yet that is 

precisely the type of information 

which the FOIA is supposed to 

disclose, and agencies should not 

be allowed to use fees as an 

offensive weapon against 

requesters seeking access to 

Government information... -132 

Congress Rec. S14298 Senator Leahy 

I ask that you waive any fees. Citizens for Clean Air is a 

well-established grass roots organization with a history of 

disseminating information to the wider community. Citizens 

for Clean Air not only shares information with a wide 

network, we always make ourselves available to explain the 

information if requested. This gives the wider community a 

hands-on understanding of how their government works per 

the fee waiver requirements. 

If I can provide any clarification that will help expedite my 

request, please contact me at (530) 472-1355.

Thank you for your time and attention to this matter.

Sincerely,

Heidi Strand

Co-Chair, Citizens for Clean Air

P.O. Box 172,

Whitmore, CA 96096
(530) 472-1355 

hswriter@frontiernet.net