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Daniel Rogers
Daniel Rogers

Final Response - The Best Mod for Half-Life 2 - Download Now



The EPA Administrator signed the final rule responding to the vacatur of certain provisions of the Definition of Solid Waste (DSW) Rule on May 23, 2018 and it was published in the Federal Register (FR) on May 30. Upon publication the rule went into effect federally immediately.


The final rule implements the March 6, 2018 court decision regarding the 2015 revisions to the DSW rule on the recycling of hazardous secondary materials. The court replaced specific provisions of the 2015 rule with the requirements from the 2008 version of the rule. In issuing this final decision, the court agreed with EPA's requested clarification regarding defining legitimate recycling of hazardous secondary materials as it applies in all circumstances. This decision ensures businesses and states have a consistent and clear definition of legitimate recycling of hazardous secondary materials.




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The regulations resulting from this response to the court provide much-needed regulatory certainty and a common-sense framework to promote the legitimate recycling of hazardous secondary materials. Removing barriers to legitimate recycling is good for business and the environment, and will result in conserving natural resources, reducing waste, saving energy, and reducing costs.


In October 2008, EPA published a final rule revising the definition of solid waste by promulgating two exclusions: one for hazardous secondary material recycled under the control of the generator (the generator-controlled exclusion, currently found at Title 40 of the Code of Federal Regulations, or CFR, in section 261.4(a)(23)), and one for hazardous secondary material transferred to a third party for recycling (the transfer-based exclusion, currently found at 40 CFR sections 261.4(a)(24) and (25)). The 2008 DSW rule also codified a definition of legitimate recycling. In January 2015, EPA revised the 2008 final rule by, among other things, (1) replacing the transfer-based recycling exclusion with the verified recycler exclusion, and (2) strengthening the definition of legitimate recycling.


The United States Court of Appeals for the District of Columbia Circuit issued a decision on the 2015 final rule on July 7, 2017 and amended it on March 6, 2018. These orders (1) vacated the 2015 verified recycler exclusion (except for certain provisions) and reinstated the transfer-based exclusion from the 2008 rule to replace it; (2) upheld the containment and emergency preparedness provisions of the 2015 rule, thus including them in the reinstated transfer-based rule; (3) vacated the fourth factor of the 2015 definition of legitimate recycling and reinstated the 2008 version of the fourth factor to replace it.


OGIS issues final response letters to parties when we close out the dispute resolution process in their case. The response letters document the outcome and any resolution the parties reached. However, the letters do not contain findings or conclusions about FOIA compliance and cannot be used in any subsequent proceedings. OGIS posts the final response letters on this page if both parties agree.*


Customer requested assistance with an agency's "no records" response. Contacted the agency to inquire about its search for responsive records. Provided the customer with information regarding the agency's search.


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Customer requested OGIS assistance with partially denied FOIA request. Contacted the agency to inquire about its action on the customer's request. Provided the customer with an explanation of FOIA Exemption 6 and the rationale behind the agency's response.


Customer disputed agencies "no records responses" to records requests. Contacted the agency to inquire about their actions on the customer's requests. Explained to the customer why the agencies didn't have responsive records. Provided the customer with possible next steps.


Customer requested assistance with denied FOIA request. Contacted the agency to inquire about its response. Provided the customer with an explanation of the agency's action on the request and an explanation of Exemption 7(C).


Customer requested assistance with agency's "no records" response. Contacted the agency to inquire about its response to the customer's request. Learned that the customer requested judicial records that the agency does not maintain. Provided the customer with information regarding the agency's response and possible next steps.


Customer requested assistance with delay for one FOIA response and two denied FOIA appeals. OGIS contacted the agency and obtained the status of the one request and gathered information about the agency's action on the other two requests.


Customer disputed agency's "no records" response. Contacted the agency to inquire about the agency's search for responsive records. Provided the customer with information concerning the agency's search and possible next steps.


Customer requested assistance with no records response. OGIS contacted the agency to discuss records dispositions. OGIS relayed record management practice information to the requester and discussed next steps.


Customer disputed agency's "no records" response to a request. Contacted the agency to better understand its response to the customer's request. Provided the customer with information concernig the agency's response, the agency's record-keeping practices, and an explanation of Exemption 7(e). Provided the customer with information about possible next steps.


Customer requested assistance with agency's "no records" response to a request. Contacted the agency to learn more about the agency's action on the request. Provided the customer with information concerning the agency's search for responsive records.


Customer requested assistance with multiple records requests. OGIS contacted the National Personnel Records Center to try to identify where records would be. NPRC responded directly to customer. OGIS followed up with a copy of the agency's response.


Customer disputes agency's no records response. Contacted the agency to learn more about the agency's response. Provided the customer with information regarding the FOIA, cross-reference search requests, and records schedules. Provided the customer with possible next steps.


Customer requests assistance with a partially denied FOIA request. Contacted the agencies regarding the response to the customer's request. Provided the customer with an explanation of the agency's actions on the request and information regarding Exemptions 1, 3, 6, 7(C), 7(D), and 7(E).


Customer requested assistance with partially denied FOIA request. Contacted the agency to learn more about its response to the request. Provided the customer with an explanation of the agency's action on the request, and information regarding FOIA Exemptions 7(C) and 7(D).


Customer requested assistance with an agency's "no records" response. Contacted the agency to learn more about its response to the customer's request. Provided the customer with information regarding the agency's search for responsive records and provided the customer with possible next steps.


Customer requested assistance with an agency's "Glomar" response. Provided the customer with information regarding the agency's response, Exemption 1, and ways a FOIA requester could pierce an agency's Glomar response.


Customer requested assistance with an agency's denial of a request. Contacted the agency to learn more about the agency's response to the request. Provided the customer with an explanation of the agency's rationale for responding as it did, an explanation of Exemptions 6 and 7(C), and a copy of the case law opinion the agency cited in our discussions with the agency regarding its response to the request.


Customer requested OGIS assistance with no records response. OGIS contacted agency to discuss request. OGIS provided customer information about agency's search procedures and provided additional information about how to formulate a request to assist FBI with search. OGIS also provided information about the exemption.


Customer requested assistance with a denied FOIA request. Contacted the agencies involved to learn about the agencyies responses to the request. One of the agencies agreed to reprocess the request. Provided the customer with an explanation of the agencies responses to the request, Exemption 7(A), and noted that the customer may wish to submit a new FOIA request.


Customer requester assistance with a partially denied FOIA request. Provided the customer with information regarding the agency's response and information regarding FOIA Exemptions 6, 7(C), 7(D), and 7(E).


Customer requested assistance with agency's "no records" response. OGIS contacted agency and the agency conducted another search and found records. Agency provided OGIS an estimated date of completion for found records.


Customer requested assistance with a "no records" response to a FOIA request; an earlier similar request resulted in some records and requester is concerned about the apparent disparity. Provided requester with information that the agency and appellate authority are firm in their position that the search was adequate. Suggested that a new request might yield some records.


Customer requested assistance with a "no records" response. OGIS contacted the agency and the agency agreed to conduct another search. The agency located one record which may pertain to the customer's client and released the record to the customer. OGIS shared this information with the customer.


Customer requested assistance with three FOIA requests. Explained to requester why the appeal authority responded as it did to the appeals and provided the requester with a copy of the recent response to correspondence which the agency sent to an incorrect address.


Customer requested assistance with denied FOIA request. Provided the customer with an explanation of the agency's response to the request and information regarding FOIA Exemptions 7(C), 7(E), and 7(F).


Customer requested assistance with a delayed FOIA appeal response. OGIS obtained status in agency's queue and provided that information to the customer. Customer reached out to OGIS with additional questions. OGIS contacted agency to obtain additional information for customer. Responses to inquiries sent to customer.


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