Potts, David v. Massachusetts Department of Environmental Protection (SPR 20260755)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 9, 2026 SPR26/0755 Jenny Ewing Outman, Esq. Chief Bureau Counsel – Bureau of Air and Waste Massachusetts Department of Environmental Protection 100 Cambridge Street, 9th Floor Boston, MA 02114 Dear Counsel Outman: On March 4, 2026, this office received your petition on behalf of the Department of Environmental Protection (Department) requesting permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, I understand that the Office furnished a copy of this petition to the requestor, David Potts. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On February 18, 2026, Mr. Potts sought the following: [A]ll application information, communications and any other documents pertaining to the approval of all Patented Sand Filters that have received General Use Approval from the Department. This information should include the address of any site where each Patented Sand Filter was tested, including any and all sampling results and field data associated with each specific manufacturer that ultimately served as the basis for granting the General Use Approval. Subsequently, in an email to this office and copied to Mr. Potts on March 6, 2026, a representative of the Department stated, “MassDEP is hereby withdrawing its Petition submitted on March 4, 2026” and further noted that the Department seeks to assess fees of $25 per hour for segregation and redaction “pursuant to G.L. c. 4, § 7(26)(a)[.]” Conclusion In light of the above, it is unnecessary to opine on the Department’s petition for permission to charge for time spent segregating or redacting responsive records. Further, this office encourages Mr. Potts and the Department to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Jenny Ewing Outman, Esq. SPR26/0755 Page 2 March 9, 2026 Sincerely, Manza Arthur Supervisor of Records cc: David Potts