I request a complete and unredacted copy, printout, or export of:
Any records pertaining to the EPA request that the Air Force conduct soil/water testing for chlordane and other organochlorine pesticides (“OCPs”) at the former George Air Force Base, CA, “EPA Superfund ID: CA2570024453.”
Frank Vera III July 9, 2018 Freedom of Information Act Request Re: FOIA Request Dear FOIA Officer: Please process this request pursuant to the Freedom of Information Act, 5 U.S.C. § 552. I request a complete and unredacted copy, printout, or export of: Any records pertaining to the EPA request that the Air Force conduct soil/water testing for chlordane and other organochlorine pesticides (“OCPs”) at the former George Air Force Base, CA, “EPA Superfund ID: CA2570024453.” From the US EPA website The Lahontan Regional Water Quality Control Board (RWQCB) issued a Notice of Violation letter to the Air Force for dieldrin pesticide contamination in groundwater. The Air Force is only monitoring the pesticides in groundwater, as the levels are very low, but the plume has not been fully defined because of funding constraints. The Air Force would not consider EPA’s request for an evaluation of the contamination extent in soil because the Air Force does not classify it as a CERCLA release to the environment; past general practices mandated the routine application of pesticides for termite control. The Air Force submitted another CAP document to address dieldrin; it is currently under State of California Lahontan Regional Water Quality Control Board (RWQCB) review. Definition of Record The term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes. Record Search When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). In line with the guidance issued by the Department of Justice (“DOJ”) on September 9, 2008, to all federal agencies with records subject to FOIA, agency records that are currently in the possession of a U.S. Government contractor [and/or stored at off-site facilities including Federal Records Centers (FRC)] for purposes of records management remain subject to FOIA. Please ensure that your search complies with this clarification on the effect of Section 9 of the OPEN Government Act of 2007 of the definition of a “record” for purposes of FOIA. In addition, the Air Force [US EPA] should not interpret this request to exclude correspondence sent to outside third parties. Please also consider this letter an affirmative rejection of any limitation of your search to Air Force [US EPA] originated records. Redaction In excising material, please “black out” rather than “white out” or “cut out.” Additionally, any reasonably segregable portion of a responsive record must be provided to me after redaction of any allegedly exempt material, as the law requires. 5 U.S.C. § 552(b). If this request is denied, in full or in part, please cite the exemptions pursuant to 5 U.S.C. § 552(b) that justify the denial. If an exemption applies, however, please consider exercising the agency’s discretionary release powers to disclose the information. Public Interest Fee Waiver I request a waiver or reduction of the fees because this FOIA is in the public interest because furnishing the information is likely to contribute significantly to public understanding of the operations or activities of the EPA, Air Force, and/or DOD and I have NO commercial interest and the requested records. I am researching the contamination of the soil and groundwater at the former George Air Force Base, CA, “EPA Superfund ID: CA2570024453.″ The requested documents are necessary to determine the source of the contamination and if a Completed Exposure Pathway(s) (CEP) existed or exist at George AFB and the surrounding community I have NO commercial interest in the requested documents and the requested records will be posted, free of charge, on www.GeorgeAFB.Info. In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. If I am denied a “Public Interest Fee Waiver,” I will pay “under protest” and I expressly reserve my rights to appeal your decision. I look forward to receiving the complete and unredacted documents within twenty (20) business days. If you wish to discuss this request, please do not hesitate to contact me at 209-984-5517. Thank you for processing this FOIA request. Frank Vera Mr, Frank Vera JUL 26, 2018 RE: Request Number EPA-R9-2018-009782 Dear Mr. Vera: This is in response to your request for a waiver of fees in connection with your Freedom of Information Act (FOIA) request to the U.S. Environmental Protection Agency (EPA) for any records pertaining to the EPA request that the Air Force conduct soil/water testing for chlordane and other organochlorine pesticides (“OCPs”) at the former George Air Force Base, CA, “EPA Superfund ID: CA2570024453.” We have reviewed your fee waiver request and based on the information provided, we are denying your request for a fee waiver. You have not expressed a specific intent to disseminate the information to the general public. As a result of you failing to meet the above criteria, This letter concludes our response to your request for a fee waiver and expedited processing. You may appeal this response by email at [email protected], or by mail to the National Freedom of Information Office, U.S. EPA, 1200 Pennsylvania Avenue, N. W. (23 1 0A), Sincerely, Larry F. Gottesman This letter was OCRed and may contain some typos/errors. Frank Vera III July 27, 2018 Freedom of Information Act Request RE: FOIA Request Number EPA-R9-2018-009782 – Addendum OR Appeal Dear FOIA Officer: Please reprocess my FOIA request with following clarifications. OR if the FOIA cannot be reprocessed with this addendum, please expiate my appeal. Expedited Processing FOIA Fee Waiver Request FOIA mandates a waiver or reduction of fees associated with a request if “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii). The former Victorville Army Air Field/George Air Force Base, CA, is a Superfund site “EPA Superfund ID: CA2570024453” and is one of the most contaminated sites in the country. Approximately one hundred thousand men, women, and children were forced to work, live, and go to school on George AFB. Given the nature and extent of the contamination, that we had repeated and prolonged exposure to elevated levels of the many toxic substances at George AFB it is unreasonable to believe that thousands of us were not adversely affected by the contaminants. About George AFB, CA – Hazardous Toxic & Radioactive Waste (George AFB – HTRW) I (Frank Vera) am the owner and operator of the website, Facebook groups, and Newsletter “George AFB – HTRW.” George AFB – HTRW’s primary function is to act as a watchdog public advocacy group(1) for those who were injured by their exposure to the contamination at George AFB and ensure the Veterans and their family members have the necessary documentation of the numerous Completed Exposure Pathways (CEPs) at George AFB so the Veteran can win their VA and Social Security disability case. (2) We have had several member win there VA C&P claims for toxic injuries that were the result of their exposure to toxins at George AFB with documents obtained and posted on the website and Facebook pages.(3) To accomplish this objective, I file FOIA request and MDRs to get the necessary records declassified, if necessary, and released and published on our website. (www.GeorgeAFB.Info) We (the members of George AFB – HTRW) are a loose-knit collation of over one thousand members that were injured or lost a family member(s) because of our/their exposure to the contamination at George AFB. Our website www.GeorgeAFB.Info routinely gets over 10,000 unique visitors a month, has hundreds of articles summarizing records that were released under FOIA with links to the gibibytes of original documents that were declassified and/or released. The released records and articles are ALWAYS provided for free and NEVER behind a paywall. FOIA and George AFB’s miscarriages in the news There are 200 to 300 families that lost from 1 to 7 children at or shortly after leaving GAFB. This number includes the girls that grew up in the Base Housing that could not carry a child to full term (miscarriage and stillbirth) after their exposure to the toxins at George AFB. The issue of the extremely high miscarriage rate at George AFB was discussed in the news article “Why women were told ‘Don’t get pregnant at George Air Force Base’” Military Times and Air Force Times, June 20, 2018. https://www.militarytimes.com/news/your-military/2018/06/20/why-women-were-told-dont-get-pregnant-at-george-air-force-base/ This just one of dozens of news articles(4) that were published using information declassified and/or released under FOIA about the and about the health issues that plague the military personnel and their family members that are the result of their exposure to “toxic substance(s)” at George AFB. In closing I have made a reasonable prima facia case (5) for a fee waiver, ask that you honor my request and grant the fee waiver. I have shown why I want the records, what I intended to do with them, to whom and how I plan on distributing the records to, that past FOIA releases have resulted in news articles in prominent publications, and help Veterans win their VA disability case enabling them to qualify for medical care and compensation for their Service-Connected disabilities. 5. Friends of the Coast Fork v. U.S. Dept. of Interior, 110 F 3d. 53, 55 (9th Cir. 1997). Thank you for processing this FOIA addendum/appeal. Frank Vera Phone: 209-782-4541 Attachment 1 Crooks VA Claim George AFB_Redacted Attachment 2 How Prisons Are Poisoning Their Inmates Why women were told ‘Don’t get pregnant at George Air Force Base’ Pentagon dumps tons of hazardous waste yearly without disclosing pollution harm – Video The military’s toxic water problem – Podcast Military bases’ contamination will affect water for generations George Air Force Base, Victorville, California – Video Why The EPA Is Allowing Contaminated Groundwater To Go Untreated Novel Strategy for Dealing with Toxic Contamination: Do Nothing Air Force’s High Desert Legacy: Untold & Unknown Contamination Levels “I’m Mad as Hell”: Air Force Members Blame Health Horrors on Toxic Exposure Air Force Less Than Clear On Extent Of Nuclear Contamination At GAFB Lahontan: SCLA project unsafe The Real Deal with Jim Fetzer podcast The view from being thrown under the bus Part II…The view from under the bus GAFB Airman [Frank Vera] Exposed to Radiation Ex-officers: Air Force lied about range Low-level radioactive dump discovered at George AFB UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AUG 15, 2018 Mr. Frank Vera Re: Freedom of Information Act Request EPA-R9-2018-009782 Dear Mr. Vera: This is in response to your Freedom of Information Act request regarding copies of any records pertaining to the EPA request that the Air Force conduct soil/water testing for chlordane and other organochlorine pesticides (OCPs) at the former George Air Force Base, CA (EPA Superfund ID: CA2570024453). By agreement between the parties, EPA and the Lahontan Regional Water Quality Control Board (RWQCB) do not address OCPs at the former George Air Force Base as CERCLA-related waste. OCPs in groundwater are overseen by the RWQCB as non-CERCLA residues. The contact person at RWQCB is Mr. Todd Battey and he can be reached at (760)241-7340 ([email protected]). Four responsive, releasable documents and invoice (if applicable) have been uploaded to EPA’s FOIAOnline system found at https://foiaonline.gov/foiaonline/action/public/home. To access the documents, reference your FOJA request as EPA-R9-2018-009782. Note: these files are in addition to the previous materials sent to you under earlier FOIA requests. This letter concludes our response to your request. You may appeal this response by email at [email protected], or by mail to the National Freedom of Information Office, U.S. EPA, 1200 Pennsylvania Avenue, N.W. (2822T), Washington, DC 20460 (U.S. Postal Service Only). Only items mailed through the United States Postal Service may be delivered to 1200 Pennsylvania Avenue, N.W. If you are submitting your appeal via hand delivery, courier service, or overnight delivery, you must address your correspondence to 1301 Constitution Avenue, N.W., Room 6416J, Washington, DC 20004. Your appeal must be made in writing, and it must be received no later than 90 calendar days from the date of this letter. The Agency will not consider appeals received after the 90 calendar day limit. Appeals received after 5:00 pm EST will be considered received the next business day. The appeal letter should include the FOLA tracking number listed above. For quickest possible handling, the subject line of your email, the appeal letter, and its envelope, if applicable, should be marked “Freedom of Information Act Appeal.” Additionally, you may seek resolution services from EPA’s FOIA Public Liaison at [email protected] or (202)566-1667, or from the Office of Government Information Services (OGIS). You may contact OGIS in any of the following ways: by mail, Office of Government Information Services, National Archives and Records Administration, Room 2510, 8610 Adelphi Road, College Park, MD 20740-6001; e-mail, [email protected]; telephone, 202-741-5770 or 1-877-684-6448; and facsimile, 202-741-5769. If you have any questions, please contact Eric Esler of this office at 415-972-3947 or Esler.Eric@ epa.gov. Sincerely, Enrique Manzanilla Director, Superfund Division This letter was OCRed and may contain some typos/errors. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY SEP 10, 2018 Frank Vera Re: Freedom of Information Act Appeal No. EPA-HQ-2018-010094 (Request No. EPA-R9-2018-009782) Dear Mr. Vera: I am responding to your July 30, 2018 fee waiver appeal under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. You appealed the July 26, 2018 decision of Larry Gottesman, National FOIA Officer of the U.S. Environmental Protection Agency (EPA) to deny your request for a fee waiver. You seek a waiver of all fees associated with your July 10, 2018 FOIA request for “any records pertaining to the EPA request that the Air Force conduct soil/water testing for chlordane and other organochlorine pesticides (“OCPs”) at the former George Air Force Base, CA, “EPA Superfund ID: CA2570024453.” EPA Region 9 has determined that your FOIA request will generate no fees. Accordingly, I am closing your fee waiver appeal file as moot. This letter constitutes EPA’s final determination on this matter. Pursuant to 5 U.S.C. § 552(a)(4)(B), you may obtain judicial review of this determination by filing a complaint in the United States District Court for the district in which you reside or have your principal place of business, or the district in which the records are situated, or in the District of Columbia. Additionally, as part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) within the National Archives and Records Administration was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a nonexclusive alternative to litigation. You may contact OGIS in any of the following ways: by mail, Office of Government Information Services, National Archives and Records Administration, Room 2510, 8610 Adelphi Road, College Park, MD, 20740-6001; e-mail, [email protected]; telephone, 202-741-5770 or 1-877-684-6448; and fax, 202-741-5769. Should you have any questions concerning this matter, please contact Matt Schwarz at [email protected] or at 202-564-5654. Sincerely, Kevin Miller cc: Larry Gottesman, National FOIA Office This letter was OCRed and may contain some typos/errors. Frank Vera III November 2, 2018 Freedom of Information Act Request RE: FOIA Appeal – request number EPA-R9-2018-009782 Dear FOIA Officer: I am appealing the US EPA’s FOIA response, dated Aug 15, 2018, because the US EPA failed to produce the requested RECORDS. I request that the US EPA conduct a thorough RECORD SEARCH for responsive records. On July 9, 2018, I requested: “a complete and unredacted copy, printout, or export of any RECORDS pertaining to the EPA request that the Air Force conduct soil/water testing for chlordane and other organochlorine pesticides (“OCPs”) at the former George Air Force Base, CA, ‘EPA Superfund ID: CA2570024453.’” This would include all copies of all RECORDS including internal and inter-agency (Federal, State, Local agencies and contractors) communications including RECORDS maintained by private contractors including but not limited to RECORDS maintained by Aptim, an Air Force contractor, on the “George AFB Project Portal.” “The final work plan has also been posted on the George AFB Project Portal: AFCEE WERC-09 Former George Air Force Base > RegulatorsShaw > Shared Documents > Final XU400 SR401 PGRE SSI WP.” RECORD The term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes. RECORD SEARCH When processing this request, please note that the D.C. Circuit has previously held that agencies must construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). In line with the guidance issued by the Department of Justice (“DOJ”) on September 9, 2008, to all federal agencies with records subject to FOIA, agency records that are currently in possession of a U.S. Government contractor for purposes of records management remain subject to FOIA. Please ensure that your search complies with this clarification on the effect of Section 9 of the OPEN Government Act of 2007 of the definition of a “record” for purposes of FOIA. Also, the US EPA should not interpret this request to exclude correspondence sent to outside third parties. Please also consider this letter an affirmative rejection of any limitation of your search to US EPA originated records. CERCLA vs. RCRA – solid waste Paragraph 1 of the Aug 15, 2018 response contains the following statement: “By agreement between the parties, EPA and the Lahontan Regional Water Quality Control Board (RWQCB) do not address OCPs at the former George Air Force Base as CERCLA-related waste.” Because the buildings and structures (including contaminated demolished buildings/structures, building material, soil under and around the buildings/structures) at the former George Air Force Base are abandoned, demolished, or scheduled for demolition the “intended use” provision is no longer applicable and the pesticides become “discarded” and therefore “solid waste” as defined under RCRA Section 1004(27). “It is the EPA’s decision that the pesticides are no longer protected under “intended use” when the structures are demolished or are to be demolished. Because of this, the chemical’s “intended use” is no longer applicable, and the pesticides become “solid waste” and subject to RCRA Section 1004(27).” Mathy Stanislaus, US EPA, Assistant Administrator for the Office of Solid Waste and Emergency Response (OSWER) Thank you for processing this FOIA appeal. Frank Vera UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF Mr. Frank Vera Re: Freedom of Information Appeal No. EPA-HQ-2019-001152 (Request No. EPA-R9-2018-009782) Dear Mr. Vera: This letter is being sent to acknowledge receipt of your Freedom of Information Act Appeal received by the Agency on November 5, 2018. Your appeal is being assigned to an attorney in the Office of General Counsel for processing. If you have a question regarding the status of your appeal, please contact me at [email protected] so that I may assist you. Sincerely, Shirley Blair This letter was OCRed and may contain some typos/errors.
George AFB, CA – HTRW
P.O. Box 1313
Jamestown, CA 95327-1313
By Email: [email protected]
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (Mail code 2310A)
Washington, DC 20460
(202) 566-1667
https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.cleanup&id=0902737#Status
George AFB, CA – Hazardous Toxic & Radioactive Waste (HTRW)
PO Box 1313
Jamestown, CA, 95327-1313
Phone: 209-782-4541
Email: xxx
Website: www.GeorgeAFB.Info
George AFB, CA – HTRW
P.O. Box 1313
Jamestown, CA 95327-1313
accordingly, there is no need to address the remaining prongs of the fee waiver criteria. The EPA’s Region 9 Office will be responding to your information request. You have been placed in the “other” fee category and will be charged for the costs of search time and duplication
excluding the first two hours of search time and the first I 00 pages of duplication. If the estimated costs exceed $25.00, the Region 9 program responding to your request will contact you regarding the cost of processing your request and seek an assurance of payment. They will be unable to process your request until they receive your assurance of payment.
Washington, DC 20460 (U.S. Postal Service Only) or through FOIAonline if you are an account holder. If you are submitting your appeal by hand delivery, courier service, or overnight delivery, you must address your correspondence to 1200 Pennsylvania Ave., N.W., Room 53 15,
Washington, DC 20460. Your appeal must be made in writing, and it must be received no later than 90 calendar days from the date of this letter. The Agency will not consider appeals received after the 90-calendar-day limit. Appeals received after 5:00 pm EST will be considered received the next business day. The appeal letter should include the FOIA tracking number listed above. For quickest possible handling. the subject line of your email, the appeal letter, and its envelope, if applicable, should be marked “Freedom of Information Act Appeal.” Additionally, you may seek assistance from EPA’s FOIA Public Liaison at [email protected] or (202)566-1667, or from the Office of Government Information Services (OGIS). You may contact OGIS in any of the following ways: by mail, Office of Government Information Services, National Archives and Records Administration, Room 2510, 8610 Adelphi Road, College Park, MD 20740-6001; email,
[email protected]; telephone, (202) 741-5770 or (877) 684-6448; or fax, (202) 741 -5769.
Should you choose to appeal this determination, please be sure to fully address all factors required by EPA’ s FOIA Regulations, located at 40 C.F.R., Part 2.104. If you have any questions concerning this determination, please contact me at (202) 566-1667.
National FOIA Officer
George AFB, CA – HTRW
P.O. Box 1313
Jamestown, CA 95327-1313
By Email: [email protected]
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (Mail code 2310A)
Washington, DC 20460
(202) 566-1667
George AFB, CA – Hazardous Toxic & Radioactive Waste (HTRW)
PO Box 1313
Jamestown, CA, 95327-1313
Email: [email protected]
Website: www.GeorgeAFB.Info
By: Michael Waters
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By Daniel Ross
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By Mark Gutglueck
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REGION IX
75 Hawthorne Street
San Francisco, CA 94105
P.O. Box 1313
Jamestown, CA 95327-13 13
WASHINGTON, D.C.20460
OFFICE OF GENERAL COUNSEL
PO Box 1313
Jamestown, CA 95327
Assistant General Counsel
General Law Office
Ivry Johnson. Region 9
George AFB, CA – HTRW
P.O. Box 1313
Jamestown, CA 95327-1313
By Email: [email protected]
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (Mail code 2310A)
Washington, DC 20460
(202) 566-1667
http://geotracker.waterboards.ca.gov/esi/uploads/geo_report/8679221808/T10000004594.PDF
George AFB, CA – Hazardous Toxic & Radioactive Waste (HTRW)
PO Box 1313
Jamestown, CA, 95327-1313
Phone: 209-782-4541
Email: xxx
Website: www.GeorgeAFB.Info
WASHINGTON, D.C. 20460
GENERAL COUNSEL
George AFB, CA – HTRW
P.O. Box 1313
Jamestown, CA 95327-1313
November 6, 2018
General Law Office
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