Other (indicate in message) Submitted: January 10, 2024 | Updated: February 12, 2024

(January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

Good afternoon William, Don, Todd, Matthew, Brian, (or NCEM Records Officer / Custodian(s) of these Records),

Please reply promptly to the following public records request, which I’m making in accordance with NC Public Records Law. https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

** I’m simply requesting an electronic copy of an electronic record, if one exists. I’m NOT asking for the opportunity to come in person to "inspect", nor to obtain a printed copy of, this electronic record. I’m requesting explicitly that any responsive info be provided to me via the electronic medium / electronic format (in which the copy of this record should already exist). If you are unable to fulfill any or all parts of this request, please specifically cite where a reason for denial is justified under NC Public Records Law. **

Please provide all 2023 NCEM “Tier II reports” for all 100 counties in North Carolina. Ideally, I’d like to receive the responsive records in an Excel or other machine-readable format. If any / all of this info is already publicly available online, please provide a link to where it can be accessed.
————————————

Please note that by submitting this request, I’m NOT agreeing to pay any potential fees or associated costs related to my request. If it isn’t possible to process the request without incurring fees, then please let me know the itemized potential cost and explanations for those charges upfront, and DO NOT proceed until I respond.

By Law I’m not required to provide a name or address to associate with a public records request, but in order to move things along I’d like to clarify that this request is being made by:

Sunshine Request
PO Box 17391
Asheville, NC 28816

The request has been sent solely by me and my email address [email protected] . If anyone other than that email address contacts you to pursue a similar request, it did not come from me. Please do not commingle or treat that as an alteration or cancellation of my request – I intend to continue to pursue my request.

Thank you for your assistance!

** Sunshine Request (www.sunshinerequest.com) makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.

Editor’s Note: Sunshine Request makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.

Status: Completed

Activity:

  • February 12, 2024 2:56 pm

    5 months ago

    from: Sunshine Request <[email protected]>
    to: “Graney, Justin (NCEM)” <[email protected]>
    date: Feb 12, 2024, 2:56 PM
    subject: Re: [External] Re: Public records request. (January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

     

    Hi Justin,

     

    Thanks for your patience.

     

    I’ve reviewed your message from 01/22/24. I will now mark this request as “Completed” on my end. You can do the same.

     

    Have a great afternoon!

     

    ~ The Sunshine Request Team

     

    ** Editor’s Note to Sender: This info. comes from our FAQs page:

     

    Who should I contact if I think there are results of requests that have been improperly disclosed or should be redacted?

     

    The results of all Completed requests are published on our site, and have been provided to Sunshine Request directly by the disclosing government agency (government entity).

     

    Sunshine Request’s policy in situations involving an alleged improper disclosure is to refer you to the disclosing agency (government entity). If any party feels that an alleged improper disclosure has taken place, please contact the disclosing agency (government entity) directly.

     

    If the disclosing agency, after a review of your case, determines that confidential information was improperly disclosed, and notifies us of such disclosure, we will then be able to review your case.

     

    Similarly — Sunshine Request has reviewed any info given to us from NCEM to determine if it satisfies the initial request. We make no claim as to the veracity of records / responses we receive from Entities. If you have reason to believe that NCEM has improperly disclosed (or is not disclosing) all available public records in accordance with NC Public Records Law, we encourage you to reach out to them directly.

     

    Thank your for using www.sunshinerequest.com!


    Status: Completed
  • February 2, 2024 6:55 pm

    5 months ago

    from: Graney, Justin (NCEM) <[email protected]> via ncconnect.onmicrosoft.com
    to: Sunshine Request <[email protected]>
    date: Feb 2, 2024, 6:56 PM
    subject: Automatic reply: [External] Re: Public records request. (January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

     

    Greetings!

     

    I am on leave beginning on Friday, February 2 and returning on Tuesday, February 6. I will limited access during this time.

     

    If your email is for the NCEM Administration Section, please contact Assistant Director Matthew G. Kemnitz at [email protected].

     

    If you email is for the NCEM Office of External Affairs, please contact [email protected] or NCEM PIO Brian Haines at [email protected].

     

    Thanks!

     

    Justin J. Graney
    Chief of External Affairs and Communications

     

    North Carolina Department of Public Safety
    Division of Emergency Management
    919.268.9212
    [email protected]

     

    Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.


     

    from: Sunshine Request <[email protected]>
    to: “Graney, Justin (NCEM)” <[email protected]>
    date: Feb 2, 2024, 6:55 PM
    subject: Re: [External] Re: Public records request. (January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

     

    Hi Justin,

     

    My apologies for the delay.

     

    I will review your message with our team, and I will get back to you as soon as possible.

     

    Thank you for your help!

     

    ~ The Sunshine Request Team


    Status: Clarification Provided
  • January 22, 2024 4:05 pm

    6 months ago

    from: Graney, Justin (NCEM) <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Jan 22, 2024, 4:05 PM
    subject: RE: [External] Re: Public records request. (January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

     

    Good afternoon,

     

    Regarding your blanket request for the Tier II chemical information for all 100 North Carolina counties or for the contacts for all chemical facilities in North Carolina, we are unable to fulfill that request. 40 CFR 370.61 states that “any person may request Tier II information for a specific facility by writing to the SERC.”

     

    You will need to provide us with a specific facility and location, and we can provide information we are able to provide in accordance with the Emergency Planning Community Right to Know Act. The request may be denied if the submittal has information has been a “trade secret.” However, any information regarding adverse health effects from a hazardous chemical or an extremely hazardous substance submittal deemed a trade secret may be disclosed. The information may also be denied in accordance with North Carolina General Statute 132.1.7.

     

    Justin J. Graney

    Chief of External Affairs and Communications

     

    North Carolina Emergency Management

    [email protected]

     

    E-mail correspondence sent to and from this address may be subject to the provisions of G.S. 132-1, the North Carolina Public Records Law, and may be subject to monitoring and disclosed to third parties, including law enforcement personnel, by an authorized state official.


    Status: Clarification Provided
  • January 17, 2024 2:48 pm

    6 months ago

    from: Sunshine Request <[email protected]>
    to: “Graney, Justin (NCEM)” <[email protected]>
    date: Jan 17, 2024, 2:48 PM
    subject: Re: Public records request. (January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

     

    Hi Justin,

     

    Thank you for your message. I will address each of your responses (bolded) below:

     

    Thank you for your public records request for 2023 Tier II Chemical Inventory Reports for all 100 Counties in North Carolina. Unfortunately, we cannot fulfill this request due to several reasons:

     

    1. The 2023 Tier II Reports are filed by facilities between January 1 and March 1 for the year prior. We have only received less than 1% of all filings at this point for the 2023 reporting period.

     

    I do not interpret this to mean you “cannot fulfill” my request. Rather, that you have access to some responsive records but prefer not to provide them since the filing period hasn’t ended. Under NC Public Records Law you are required to “promptly” process all public records requests. I want to highlight the court case referenced in item #6 of the following article, posted on the NC Press Association website. In this instance: “The trial court held that an unjustified one-month delay in production of records was tantamount to a denial”. http://www.ncpress.com/stories/a-bakers-dozen-for-2022nc-public-records-law,2390

     

    Can you please provide me with any responsive records (completed 2023 fillings) that you do have as of the present day?

     

    2. Tier II Reports are released on a per facility basis as the data is public safety sensitive. Your request is for all reports originating from the 100 North Carolina counties and not for a specific facility. A separate request for each facility, in writing, must be submitted to the NCDPS Website.

     

    A request of this nature may be denied, pursuant to N.C.G.S. 132-1.7(b) which states that “public records as defined in G.S. 132-1 do not include plans to prevent or respond to terrorist activity, to the extent such records set forth vulnerability and risk assessments, potential targets, specific tactics, or specific security or emergency procedures, the disclosure of which would jeopardize the safety of governmental personnel or the general public”.

     

    Thank you for clarifying. I will encourage any future requestors to reach out to each of the 100 facilities directly for assistance, should they wish to further pursue a similar request.

     

    If you have a link to a resource that provides email contact info for each of those facilities, could you please share that with me? That would be most helpful.

     

    Thank you for your assistance!

     

    ~ The Sunshine Request Team


    Status: Clarification Requested
  • January 17, 2024 2:14 pm

    6 months ago

    from: Graney, Justin (NCEM) <[email protected]>
    to:[email protected]” <[email protected]>
    date: Jan 17, 2024, 2:14 PM
    subject: Re: Public records request. (January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

     

    Thank you for your public records request for 2023 Tier II Chemical Inventory Reports for all 100 Counties in North Carolina. Unfortunately, we cannot fulfill this request due to several reasons:

     

    1. The 2023 Tier II Reports are filed by facilities between January 1 and March 1 for the year prior. We have only received less than 1% of all filings at this point for the 2023 reporting period.
    2. Tier II Reports are released on a per facility basis as the data is public safety sensitive. Your request is for all reports originating from the 100 North Carolina counties and not for a specific facility. A separate request for each facility, in writing, must be submitted to the NCDPS Website.

     

    A request of this nature may be denied, pursuant to N.C.G.S. 132-1.7(b) which states that “public records as defined in G.S. 132-1 do not include plans to prevent or respond to terrorist activity, to the extent such records set forth vulnerability and risk assessments, potential targets, specific tactics, or specific security or emergency procedures, the disclosure of which would jeopardize the safety of governmental personnel or the general public”.

     

    Justin J. Graney

    Chief of External Affairs and Communications

    North Carolina Emergency Management

    [email protected]

     

    E-mail correspondence sent to and from this address may be subject to the provisions of G.S. 132-1, the North Carolina Public Records Law, and may be subject to monitoring and disclosed to third parties, including law enforcement personnel, by an authorized state official.

     

    ______________

     

     

    Original Message:

     

    Good afternoon William, Don, Todd, Matthew, Brian, (or NCEM Records Officer / Custodian(s) of these Records),

     

    Please reply promptly to the following public records request, which I’m making in accordance with NC Public Records Law. https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

     

    ** I’m simply requesting an electronic copy of an electronic record, if one exists. I’m NOT asking for the opportunity to come in person to “inspect”, nor to obtain a printed copy of, this electronic record. I’m requesting explicitly that any responsive info be provided to me via the electronic medium / electronic format (in which the copy of this record should already exist). If you are unable to fulfill any or all parts of this request, please specifically cite where a reason for denial is justified under NC Public Records Law. **

    Please provide all 2023 NCEM “Tier II reports” for all 100 counties in North Carolina. Ideally, I’d like to receive the responsive records in an Excel or other machine-readable format. If any / all of this info is already publicly available online, please provide a link to where it can be accessed.
    ————————————

    Please note that by submitting this request, I’m NOT agreeing to pay any potential fees or associated costs related to my request. If it isn’t possible to process the request without incurring fees, then please let me know the itemized potential cost and explanations for those charges upfront, and DO NOT proceed until I respond.

    By Law I’m not required to provide a name or address to associate with a public records request, but in order to move things along I’d like to clarify that this request is being made by:

    Sunshine Request
    PO Box 17391
    Asheville, NC 28816

    The request has been sent solely by me and my email address [email protected] . If anyone other than that email address contacts you to pursue a similar request, it did not come from me. Please do not commingle or treat that as an alteration or cancellation of my request – I intend to continue to pursue my request.

    Thank you for your assistance!

    ** Sunshine Request (www.sunshinerequest.com) makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.


    Status: Response Received from Government
  • January 10, 2024 4:12 pm

    6 months ago

    from: Sunshine Request <[email protected]>
    to: “Haines, Brian (NCEM)” <[email protected]>
    date: Jan 10, 2024, 4:12 PM
    subject: Re: [External] Public records request. (January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

     

    Hi Brian,

     

    Thank you for confirming that my request has been received and will begin processing.

     

    I’ll follow up again around late-January, if I don’t hear anything else before then.

     

    Thanks for your help!

     

    ~ The Sunshine Request Team


    Status: Government Processing Request
  • January 10, 2024 1:53 pm

    6 months ago

    from: Haines, Brian (NCEM) <[email protected]>
    to: Sunshine Request <[email protected]>
    date: Jan 10, 2024, 1:53 PM
    subject: RE: [External] Public records request. (January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

     

    This email serves as an acknowledgement that we have received your request and it’s currently under review.

     

    Brian R. Haines

    Public Information Officer

    North Carolina Department of Public Safety

    Division of Emergency Management

    Office: 919-825-2390

    Cell: 919-508-7564

    [email protected]

     

    E-mail correspondence sent to and from this address may be subject to the provisions of G.S. 132-1, the North Carolina Public Records Law, and may be subject to monitoring and disclosed to third parties, including law enforcement personnel, by an authorized state official.


    Status: Government Processing Request
  • January 10, 2024 1:25 pm

    6 months ago

    from: Sunshine Request <[email protected]>
    to: [email protected]
    cc: [email protected], [email protected], [email protected], [email protected]
    date: Jan 10, 2024, 1:25 PM
    subject: Public records request. (January 2024) Request for North Carolina Emergency Management: 2023 Tier II reports for all 100 counties in NC.

     

    Good afternoon William, Don, Todd, Matthew, Brian, (or NCEM Records Officer / Custodian(s) of these Records),

     

    Please reply promptly to the following public records request, which I’m making in accordance with NC Public Records Law. https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_132.html

     

    ** I’m simply requesting an electronic copy of an electronic record, if one exists. I’m NOT asking for the opportunity to come in person to “inspect”, nor to obtain a printed copy of, this electronic record. I’m requesting explicitly that any responsive info be provided to me via the electronic medium / electronic format (in which the copy of this record should already exist). If you are unable to fulfill any or all parts of this request, please specifically cite where a reason for denial is justified under NC Public Records Law. **

     

    Please provide all 2023 NCEM “Tier II reports” for all 100 counties in North Carolina. Ideally, I’d like to receive the responsive records in an Excel or other machine-readable format. If any / all of this info is already publicly available online, please provide a link to where it can be accessed.
    ————————————

     

    Please note that by submitting this request, I’m NOT agreeing to pay any potential fees or associated costs related to my request. If it isn’t possible to process the request without incurring fees, then please let me know the itemized potential cost and explanations for those charges upfront, and DO NOT proceed until I respond.

     

    By Law I’m not required to provide a name or address to associate with a public records request, but in order to move things along I’d like to clarify that this request is being made by:

     

    Sunshine Request
    PO Box 17391
    Asheville, NC 28816

     

    The request has been sent solely by me and my email address [email protected] . If anyone other than that email address contacts you to pursue a similar request, it did not come from me. Please do not commingle or treat that as an alteration or cancellation of my request – I intend to continue to pursue my request.

     

    Thank you for your assistance!

     

    ** Sunshine Request (www.sunshinerequest.com) makes no claim as to the veracity of any statements or information contained in any of the requests, or public records, we receive.


    Status: Sent to Government
  • January 10, 2024 1:18 pm

    6 months ago

    Submitted to Sunshine Request
    Status: Pending