HQ FOIA Operations Staff
United States Environmental Protection Agency
1200 Pennsylvania Avenue (1105A)
Washington, DC 20460
(202) 564-7333 FAX (202) 501-1818
Email: hq.foia@epamail.epa.gov
Re: Freedom of Information Act Request
Dear Sirs:
This is a request under the Freedom of Information Act, 5 U.S.C.,
Sec. 552.
I request that a copy of the following documents [or documents containing the following information] be provided to me:
1. Documents related to the receipt, handling, and disposition
of alleged material samples sent on 1/12/2000 to the Office of
Carol M. Browner, EPA Administrator, by Clifford E. Carnicom and
David C. Peterson representing the "Chemtrail Research Fund",
and allegedly received by Carol M. Browner via certified return
receipt mail at EPA on 1/20/2000 as described at this internet
website:
http://www.carnicom.com/epa3.htm
2. Documents generated in response to this alleged material subsequent to it's receipt, including its current location, any material or biological analysis results done at EPA or by any other US government agency, communication within EPA related to this material, or communication with any other US government agency.
3. Documents generated in response to the letter attached to the material allegedly sent by Carnicom and Peterson, which documents represent internal communication within EPA, or with any other US government agency.
In order to help determine my status to assess fees, you should know something about me. I am a representative of the news media affiliated with VERITAS News Service, and have previously written articles on this subject. <http://williamcooper.com/contrails.htm>
This request is made as part of news gathering and not for
a commercial use. I understand that representatives of the news
media may obtain 100 copied pages free, with no charge for search
time or review time from the EPA.
I am aware that I am entitled to make this request under the Freedom
of Information Act, and if your agency response is not satisfactory,
I am prepared to make an administrative appeal.
Please indicate to me the name of the official to whom such an
appeal should be addressed.
I am aware that if my request is denied I am entitled to know the grounds for this denial.
I am aware that while the law allows your agency to withhold
specified categories of exempted information, you are required
by law to release any segregable portions that are left after
the
exempted material has been deleted from the data I am seeking.
I request a waiver of all fees for this request. Disclosure
of the requested information to me 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 my commercial interest, nor a business trying to get information
on industrial competitors.
Sincerely,
Jay Reynolds
Central Bureau Chief
VERITAS NEWS SERVICE
From: "Jay Reynolds" <reality2u30@hotmail.com>
To: <borushko.margaret@epa.gov>
Sent: Tuesday, 13 February, 2001 2:23 PM
Subject: Regarding OTAQ FOIA request RIN-00860-01
Dear Ms. Borushko,
I am writing you in reference to my FOIA request RIN # 00869-01
originally sent November 25, 2000. I understand my request went
unassigned until my first inquiry on Jan 2, 2001 when I was told
it was first input into the chain of events for it's fulfillment.
I did receive confirmation and the reference number on January
5, 2001.
On February 8, 2001, I again made inquiry by phone and was directed
to Vivian Warden(202-564-7613) who told me the request had been
assigned to Lillian Davis(202-5647418).
On February 12, 2001, I contacted Ms. Davis, who told me it had
been assigned to Sabrina Hamilton(202-564-1083).
Today, February 13, 2001, I contacted Ms Hamilton who told me
it had been assigned to you. I understand from Ms. Hamilton that
you may be out of town, and left a message on your voice mail
this afternoon.
I am now hopeful that I have reached the responsible person who
can fulfill my request. In order to help you do this as easily
as possible, please know that I am available through email to
answer any questions you may have regarding my request. I endeavored
to make the request sufficiently specific enough so that the information
needed will fully inform my readers, but
also broad enough so that information about which I am not certain
will be included.
Further, let me assure you totally that I definitely am not one
of the misguided people that just "believe" they are
being sprayed from aircraft when they see contrails. Since March
of 1999, when my first article was written in VERITAS on this
subject, through 2000, and up to the present day I see no tangible
evidence that this is occurring.
My work has been cited by the Congressional Research Service
in their 1999 Report to Congress on this controversy, and also
is cited by the USAF responding to the "chemtrail hoax".
I am a journalist who will follow a story wherever it goes, however,
and am particularly aware of the position that Mr. Clifford Carnicom
has taken and his many allegations against EPA. I am also aware
of the Contrails Fact Sheet and have directed my readers to it
by means of a
prominent link at my website. I am also aware of the letters Mr.
Carnicom has sent, at least those which he has displayed on his
website, and those replies from EPA, which he has also posted
on his website.
The purpose of my FOIA is to document and follow, from it's receipt
through it's present whereabouts, any material sample which Mr.
Carnicom alleges that he sent to EPA. My readers need to know
if in fact anything was sent, and what became of it if it was
actually sent.
Further, if any such material has been analyzed or identified,
I request a copy of any and all analysis made so that my readers
may be fully informed.
Further, my readers need to know the rationale and reasoning behind
any decisions made in regards to this matter, which will require
me to obtain any and all internal documents which represent communication
pertaining to these decisions.
Again, I am available to answer any questions you may have regarding
this request, and hope that it will be fulfilled within the specified
time frame of 5 U.S.C., Sec. 552, and EPA guidelines. For your
reference, below are the specifics of my request as copied from
my original document.
Best regards,
Jay Reynolds
Central Bureau Chief
VERITAS NEWS SERVICE
Jay Reynolds
Central News Bureau
Veritas News Service
Subject: Freedom of Information Act Request; RIN 00860-01
Dear Mr. Reynolds,
In response to your Freedom of Information Act (FOIA) request of November 25, 2000, in which you request information related to alleged material sample,we are supplying copies of the following relevant documents that are responsive to your request. Each copy is identified by a number that corresponds to the numbers shown below.
1. Certified Mail envelope, NO. Z 218 710 731, dated January 14, 2000, from Chemtrail Research Fund, Aspen, Co, to Carol M. Browner, EPA Administrator, Washington, DC
2. Letter from David
C.Peterson, Chemtrail Research Fund, to Carol M. Browner,
EPA Administrator, dated January 12, 2000
3. Letter from Clifford
Carnicom, Chemtrail Research Fund, to Carol M. Browner, EPA
Administrator, dated January 12, 2000
4. Label dated 1/12/00, "Fibrous Substance Sample For EPA Identification," attached to Ziploc bag container.
5. First page, of two-page
reply letter from EPA's Assessment and
Standards Division, dated February 22, 2000, David C. Peterson,
and Clifford E. Carnicom, of the Chemtrail Research Fund,
6. Second page of
letter described immediately above, signed by
Robert Larson, for Chester J. France, Director, Assessment and
Standards Division
7. Priority Mail
envelope, tracking no. 7000 0600 0025 7524 4547 ,
dated June 6, 2000, from Chemtrail Research Fund, Aspen, Co, to
Carol M. Browner, EPA Administrator, Washington DC
8. Letter from Clifford
E. Carnicom, and David Peterson, Chemtrail
Research Fund, to Carol M. Browner, EPA Administrator, dated
May 30, 2000
9. Letter from Clifford
E. Carnicom, Chemtrail Research Fund, to
Carol M. Browner, EPA Administrator, dated January 12, 2000
10. Label dated 1/12/00, "Fibrous Substance Sample For
EPA
Identification"
11. Reply letter
from EPA's Assessment and Standards Division,
dated June (day not readable) 2000, to Clifford E. Carnicom, and
David C. Peterson, of the Chemtrail Research Fund, signed by
Robert Larson, for Chester J. France, Director, Assessment and
Standards Division
12. First page,
of two-page reply letter from EPA's Assessment and
Standards Division, dated February 22, 2000, to David C.
Peterson, and Clifford E. Carnicom, of the Chemtrail Research
Fund,
13. Second page
of letter described immediately above, signed by
Robert Larson, for Chester J. France, Director, Assessment and
Standards Division
14. Email to president@Whitehouse.GOV, dated 07/12/2000, from
Scot Pfeiffer, Irving, TX
15. Document with
heading, "EPA Refuses To Identify Sample"
16. First page, two-page
reply letter from EPA's Assessment and
Standards Division, dated February 22, 2000, to David C.
Peterson, and Clifford E. Carnicom, of the Chemtrail Research
Fund
17. Second page, of two-page reply letter from EPA's Assessment and Standards Division
18. First page, two-page reply letter from EPA's Assessment
and
Standards Division, dated November 29, 2000, to Mr. Scot
Pfeiffer, Irving, TX [JAY REYNOLDS NOTES: This letter is essentially
identical to Item 16&17
above]
19. Second page of letter described immediately above, signed
by
Ines Storhok, for Chester J. France, Director, Assessment and
Standards Division [JAY REYNOLDS NOTES: This letter is essentially
identical to Item 16&17
above]
The alleged material sample submitted to EPA from the Chemtrail Research Fund was not analyzed for its chemical and physical properties. A difficulty with this sample is that it is minimal in quantity and lacks a verifiable chain of custody, with origins that cannot be established, e.g., where and when retrieved.
We are granting your request for a fee waiver in accordance with the Agency's regulations, 40 CFR, Part 2, Section 2.120(d). The enclosed information totals 19 pages.
[Message sent March 6, 2001]
HQ FOIA APPEALS OFFICER
HQ FOIA Operations Staff
United States Environmental Protection Agency
1200 Pennsylvania Avenue (1105A)
Washington, DC 20460
(202) 564-7333 FAX (202) 501-1818
Email: hq.foia@epamail.epa.gov
Re: Freedom of Information Act Request Appeal
Dear Sir or Madam:
This is an appeal under the Freedom of Information Act,
5 U.S.C. Sec. 552.
On 10/25/2000, I requested documents under the Freedom of Information Act. My request was assigned the following identification number: [RIN 00860-01].
On 3/5/2001, I received a response to my request in a letter
signed by [Ines Storhok, for Robin Moran, Director, Light Duty
Onroad Center] I am writing to obtain a precise determination
of why portions of my request have been denied, and to resubmit
my request on appeal.
My original request(copy attached below) included the request
for:
QUOTE- Item [1]. Documents related to the receipt, handling, and
disposition of alleged material samples sent on 1/12/2000 to the
Office of Carol M. Browner, EPA Administrator, by Clifford E.
Carnicom and David C. Peterson representing the "Chemtrail
Research Fund", and allegedly received by Carol M. Browner
via certified return receipt mail at EPA on 1/20/99 as described
at this internet website:
http://www.carnicom.com/epa3.htm
I am reasonably satisfied that item [1] of my original request
has been responded to.
QUOTE- Item [2]. Documents generated in response to this alleged material subsequent to it's receipt, including its current location, any material or biological analysis results done at EPA or by any other US government agency, communication within EPA related to this material, or communication with any other US government agency.
My original request for item [2] documents has not been substantively responded to.
No documents generated by EPA in response to the sample were
sent to me in fulfillment of my original request, no exemption
was specified, and no statement was made that the requested material
does not exist.
The cover letter sent by EPA in response to my original FOIA request
states, "The alleged material sample submitted to EPA from
the Chemtrail Research Fund was not analyzed for its
chemical and physical properties. A difficulty with this sample
is that it is minimal in quantity and lacks a verifiable chain
of custody, with origins that cannot be established, e.g.,
where and when retrieved."
My original request was for documents which EPA should have used to quantify whether or not the sample is in fact minimal, and would necessarily include a description of the sample mass and volume. Without such basic factual information, EPA would not have been able to determine whether the sample is minimal or not.
I appeal my original request for any documents related to a
material or biological analysis of the sample submitted to EPA
by the Chemtrail Research Fund, which was not responded to by
EPA.
Standard practice within government upon receipt of such a material
sample would necessarily include documentation to establish and
maintain EPA's own chain of custody. My request
for "Documents generated in response to this alleged material
subsequent to it's receipt, including its current location,"
was not responded to.
I appeal my original request for documentation responsive to
my request, documents which establish EPA's own chain of custody
in handling of this material from receipt to
it's current location.
My original request for documents related to, "communication
within EPA related to this material, or communication with any
other US government agency" was not responded to. I am aware
that any such communication within EPA of a factual nature does
not fall within exemption, and the factual portions of ALL communication
falling under my original request must be released. Public disclosure
to me has been made by EPA that, "A difficulty with this
sample
is that it is minimal in quantity and lacks a verifiable chain
of custody, with origins that cannot be established, e.g., where
and when retrieved." This public disclosure of EPA's opinion
negates future privilege of internal communication under exemption
5, because the opinion has not been kept within the agency and
is now a matter of public record.
I appeal my original request for documentation responsive to my request for "communication within EPA related to this material, or communication with any other US government agency"
QUOTE- 3. Documents generated in response to the letter attached to the material allegedly sent by Carnicom and Peterson, which documents represent internal communication within EPA, or with any other US government agency.
My original request for item [3] documents has not been substantively responded to.
No documents generated by EPA in response to the item [3] were
sent to me in fulfillment of my original request, no exemption
was specified, and no statement was made that the
requested material does not exist.
I appeal my original request for documentation responsive to my request in item [3].
In summary, the documents that were withheld must be disclosed
under the FOIA because disclosure of the requested information
to me 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 my commercial
interest, nor a business trying to get information on industrial
competitors.
I am aware that while the law allows your agency to withhold
specified categories of exempted information, you are required
by law to release any segregable portions that are left after
the exempted material has been deleted from the data I am seeking.
I am aware that the intent of Congress in writing the Freedom
of Information Act was to provide full disclosure
interpreted broadly, and with a presumption in favor of such disclosure.
I request a waiver of all fees for this request.
In order to help determine my status to assess fees, you should know something about me. I am a representative of the news media affiliated with VERITAS News Service, and have previously written articles on this subject. <http://williamcooper.com/contrails.htm>
This request is made as part of news gathering and not for
a commercial use. I understand that representatives of the news
media may obtain 100 copied pages free, with no charge for search
time or review time from the EPA.
I am aware that if my request is denied I am entitled to know
the grounds for this denial.
Sincerely,
Jay Reynolds
Central Bureau Chief
VERITAS NEWS SERVICE
Mr. Jay Reynolds
Central Bureau Chief
Veritas News Service
Re: Freedom of information Act Request HQ-RIN-00860-01
Dear Mr. Reynolds,
This letter is in response to your Freedom of Information Act(FOIA) request of November 25, 2000, and supplements my February 28,2001, letter to you. In my February 28 letter, I provided you with nineteen documents that are responsive to item 1 of your request. My office determined that we had no documents responsive to items 2 and 3 of your request, and I intended to communicate that fact to you in my February 28 letter.
Based on my recent telephone conversation with Robert A. Friedrich, Deputy Associate General Counsel, in the Environmental Protection Agency's(EPA or Agency) Office of General Counsel, I understand that you appealed my February 28 response with respect to items 2 and 3 of your request. Mr Friedrich suggested that I have my office conduct another search to determine whether we have any additional documents that are responsive to item 1 of your request, and whether we have any documents that are responsive to items 2 and 3 of your request. My office has now completed that search, and these are the results.
Item 1 of your request asked for "Documents related to
the receipt, handling, and disposition of alleged material samples
sent on 1/12/2000 to the Office of Carol M. Browner, EPA Administrator,
by Clifford E. Carnicom and David C. Peterson representing the
'Chemtrail Research Fund', and allegedly received by Carol M.
Browner via certified return receipt mail at EPA on 1/20,2000
as described at this internet website: http://www.carnicom/epa3.htm."
My office has no additional documents that are responsive to item
1 of your request.
Item 2 of your request asked for "Documents generated in response to this alleged material subsequent to its receipt, including it's current location, any material or biological analysis results done at EPA or by any other U.S. government agency, communication within EPA related to this material, or communication with any other U.S. government agency." My office has no documents that are responsive to item 2 of your request.
Item 3 of your request asked for "Documents generated in response to the letter attached to the material allegedly sent by Carnicom and Peterson, which documents represent internal communication within EPA, or with any other U.S. government agency." My office has no documents that are responsive to item 3 of your request.
If you consider this letter to be a denial of your request, you may submit a written appeal to the Freedom of Information Office(1105A), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, within 30 calendar days of your request, which is HQ-RIN-00860-01, the date of this letter, my name and address as the person who issued this denial.
Sincerely,
(signed by Robin Moran)
Robin Moran, Director
Light Duty Onroad Center
cc: Robert A. Friedrich, OGC
Betty Lopez, HQ FOI Office
On appeal, further information was gleaned from EPA, who in response to my FOIA request for EPA's own "verifiable chain of custody", which they say Carnicom's sample lacks, responded:
PHOTO OF NVFEL LABORATORY
To:
moran.robin@epa.gov
brenner.rob@epa.gov (for
oge.margo@epa.gov
Dear Sir or Madam,
I am writing you in reference to events
described on my internet website
which relate to an EPA response to two American citizens which
I find inappropriate. Please reference my website address below
for complete documentation of the facts in this matter, obtained
from EPA through a Freedom of Information Act request:
http://worldzone.net/science/reality2u30/FOIA.html
The facts show that Clifford Carnicom and
David Peterson mailed a sample of thus-far unidentified material
in 1999 to EPA. These men requested that EPA identify the sample,
which they claimed had fallen from the sky and was a "health
risk". Despite repeated attempts by these men and others
to get a response, and repeated replies from EPA regarding their
concern, no reference was ever made by EPA to the existence or
fate of the material.
Only by my use of the Freedom of Information Act, one year after
this sample was received, and only to me, did EPA make the first
substantive response to the sample, which was,
"The alleged material sample
submitted to EPA from the
Chemtrail Research Fund was not analyzed for its chemical
and physical properties. A difficulty with this sample is that
it is minimal in quantity and lacks a verifiable chain of custody,
with origins that cannot be established, e.g., where and when
retrieved."
While I remain skeptical of the claims of
Carnicom and Peterson, and in fact
can understand the rationale behind EPA's reasoning for not making
an analysis, as citizens they deserve a direct response at least
equal to that made to me under the Freedom of Information Act.
They also deserve an apology from EPA for being ignored so long.
I conclude that the effect of EPA's non-response
in this matter has been
a miscalculation on their part. It might seem the easy way out
of a difficult situation to ignore those whom we do not agree
with, but often such inaction has consequences too, sometimes
worse than if openly addressed.
I request that you respond to Carnicom and Peterson as you would have your own personal concerns addressed by others in government service.
Sincerely,
Jay Reynolds
Central Bureau Chief
VERITAS News Service