Frank Vera III
George AFB, CA – HTRW
P.O. Box 1313
Jamestown, CA 95327-1313
July 9, 2018
By Email: [email protected]
Headquarters Air Force/AAII (FOIA)
1000 Air Force Pentagon
Washington, DC 20330-1000
Phone: (703) 693-2735/692-9981
FOIA Request
Dear FOIA Officer:
Please process this request under the Freedom of Information Act, 5 U.S.C. § 552.
I request a complete and unredacted copy, printout, or export of:
- Any records about the EPA request for additional soil and water testing for chlordane and other organochlorine pesticides (OCPs) testing at the former George Air Force Base, CA, “EPA Superfund ID: CA2570024453.”
- And any records about the Air Force denial of the US EPA request for the additional soil and water testing for chlordane and other organochlorine pesticides (OCPs) at the former George AFB.”
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 [groundwater] 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.
https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.cleanup&id=0902737#Status
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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 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.
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 as required. 5 U.S.C. § 552(b). If this request is denied, in full or in part, please cite the exemptions under 5 U.S.C. § 552(b) that justify the denial. If the Air Force determines that an exemption(s) applies to the requested document or information, please release it anyway as an exercise of the Air Force’s discretionary power.
Because of the extremely toxic nature of OCPs and the potential Completed Exposure Pathway (CEP) at the George AFB schools, day care center, family housing, dorms, and barracks the publics Right to Know far outweighs the perceived need for secrecy.
Public Interest Fee Waiver
I request a waiver or reduction of the fees because this FOIA request:
- 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 DOD;
- 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;
- the requested records will be posted, free of charge, on GeorgeAFB.Info.
See Nat’l Security Archive v. Dep’t of Defense, 880 F.2d 1381 (D.C. Cir. 1989), cert. denied, 494 U.S. 1029 (1990)
If fees cannot be waived, I am willing to pay $25.00. I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I prefer the request filled electronically, by e-mail attachment, CD-ROM, or made available for download on the DoDs secure document server. 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
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
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