1994-1997 EPA Reports on Area 51 / Groom Lake / Nellis
| Tracking # |
EPA-R9-2022-006358 EPA-2022-006358 |
| Submitted | Aug. 30, 2022 |
| Est. Completion | None |
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Communications
From: Matthew Phelan
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of all final reports, memoranda, and other written or email communications related to Resource Conservation and Recovery Act (RCRA) § 3007(c) inspections of the United States Air Force operating location near Groom Lake from 1994 to 1997. This should include United States Air Force (USAF) prepared final inventory reports delivered to the Environmental Protection Agency (EPA) as well as the EPA prepared final inspection reports.
CONTEXT: Barry N. Breen, a former Director of EPA's Federal Facilities Enforcement Office, and Elliott P. Laws, then an Assistant Administrator of EPA's Office of Solid Waste and Emergency Response, both supplied unclassified court declarations related to the above requested documents in the case DOE v. BROWNER, Case No. CV-S-94-795-PMP (RLH) in the United States District Court, D. Nevada.
A district court order referencing the Breen and Laws declarations can be accessed here: https://www.courtlistener.com/opinion/2597169/doe-v-browner/
A Ninth Circuit appeals court decision referencing the Breen and Laws declarations can be accessed here: https://caselaw.findlaw.com/us-9th-circuit/1129437.html
In the above appeals court decision, the judges note that these two unclassified declarations "indicate that from December 6, 1994 to March 10, 1995 (after Kasza was filed), EPA personnel conducted a § 3007(c) inspection of the operating location near Groom Lake; the Air Force had submitted to EPA a final inventory report; and the EPA had completed a final inspection report."
The above appeals court decision further states: "The court held that RCRA itself provides no exception for disclosure of classified information, but instead permits the President to exempt federal facilities from compliance with any or all RCRA requirements pursuant to § 6001(a). 42 U.S.C. § 6961(a). Accordingly, it ruled that the EPA had to comply with § 3007(c) but gave the Administrator time to obtain a Presidential exemption. In response to this ruling, the Administrator in fact obtained, and claimed, a Presidential Exemption from any provision that would require disclosure of classified information to unauthorized persons." Please be advised that this presidential exemption, Presidential Determination No. 95-45, printed in 60 Fed.Reg. 52823 (1995) by then President William J. Clinton, remained in effect for only a one-year statutory period (https://www.govinfo.gov/content/pkg/FR-1995-10-10/pdf/95-25244.pdf). The exemption was last renewed in 2003 by then-President George W. Bush for a final one-year statutory period (https://www.govinfo.gov/content/pkg/CFR-2004-title3-vol1/pdf/CFR-2004-title3-vol1-other-id216.pdf). As no new presidential exemptions on this matter have been published, these documents should be releasable to the public.
Furthermore, the above requested material is over 25 years old. Pursuant to Executive Order 13526 (https://www.archives.gov/isoo/policy-documents/cnsi-eo.html) signed by President Barack Obama in December 2009, and still in effect, classified documents 25 years or older that "have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified whether or not the records have been reviewed."
PLEASE NOTE: I am a freelance reporter and would request that the relevant fees be waived. My past work has appeared at Slate.com, the New Republic, the New York Review of Books, Inverse.com, Scienceline.org, Gawker, Earther, Chemical Engineering magazine, and elsewhere.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Matthew Phelan
From: Environmental Protection Agency
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EPA-2022-006358&type=Request)
* Tracking Number: EPA-2022-006358
* Requester Name:
Matthew Phelan
* Date Submitted: 08/31/2022
* Request Status: Submitted
* Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of all final reports, memoranda, and other written or email communications related to Resource Conservation and Recovery Act (RCRA) § 3007(c) inspections of the United States Air Force operating location near Groom Lake from 1994 to 1997. This should include United States Air Force (USAF) prepared final inventory reports delivered to the Environmental Protection Agency (EPA) as well as the EPA prepared final inspection reports.
CONTEXT: Barry N. Breen, a former Director of EPA's Federal Facilities Enforcement Office, and Elliott P. Laws, then an Assistant Administrator of EPA's Office of Solid Waste and Emergency Response, both supplied unclassified court declarations related to the above requested documents in the case DOE v. BROWNER, Case No. CV-S-94-795-PMP (RLH) in the United States District Court, D. Nevada.
A district court order referencing the Breen and Laws declarations can be accessed here: https://www.courtlistener.com/opinion/2597169/doe-v-browner/
A Ninth Circuit appeals court decision referencing the Breen and Laws declarations can be accessed here: https://caselaw.findlaw.com/us-9th-circuit/1129437.html
In the above appeals court decision, the judges note that these two unclassified declarations "indicate that from December 6, 1994 to March 10, 1995 (after Kasza was filed), EPA personnel conducted a § 3007(c) inspection of the operating location near Groom Lake; the Air Force had submitted to EPA a final inventory report; and the EPA had completed a final inspection report."
The above appeals court decision further states: "The court held that RCRA itself provides no exception for disclosure of classified information, but instead permits the President to exempt federal facilities from compliance with any or all RCRA requirements pursuant to § 6001(a). 42 U.S.C. § 6961(a). Accordingly, it ruled that the EPA had to comply with § 3007(c) but gave the Administrator time to obtain a Presidential exemption. In response to this ruling, the Administrator in fact obtained, and claimed, a Presidential Exemption from any provision that would require disclosure of classified information to unauthorized persons." Please be advised that this presidential exemption, Presidential Determination No. 95-45, printed in 60 Fed.Reg. 52823 (1995) by then President William J. Clinton, remained in effect for only a one-year statutory period (https://www.govinfo.gov/content/pkg/FR-1995-10-10/pdf/95-25244.pdf). The exemption was last renewed in 2003 by then-President George W. Bush for a final one-year statutory period (https://www.govinfo.gov/content/pkg/CFR-2004-title3-vol1/pdf/CFR-2004-title3-vol1-other-id216.pdf). As no new presidential exemptions on this matter have been published, these documents should be releasable to the public.
Furthermore, the above requested material is over 25 years old. Pursuant to Executive Order 13526 (https://www.archives.gov/isoo/policy-documents/cnsi-eo.html) signed by President Barack Obama in December 2009, and still in effect, classified documents 25 years or older that "have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified whether or not the records have been reviewed."
PLEASE NOTE: I am a freelance reporter and would request that the relevant fees be waived. My past work has appeared at Slate.com, the New Republic, the New York Review of Books, Inverse.com, Scienceline.org, Gawker, Earther, Chemical Engineering magazine, and elsewhere.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Matthew Phelan
Upload documents directly: https://www.muckrock.com/
From: Environmental Protection Agency
08/31/2022
Matthew Phelan
MuckRock News, DEPT MR133151
263 Huntington Ave
Boston, MA, 02115
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2022-006358
Hello:
Please see the attached letter.
Sincerely,
National FOIA Office
U.S. Environmental Protection Agency
From: Environmental Protection Agency
Hello,
Please see the enclosed letter.
Sincerely,
EPA National FOIA Office
From: Environmental Protection Agency
Your request for Fee Waiver for the FOIA request EPA-2022-006358 has been
denied.
* Fee Waiver Original Justification:
I am a freelance reporter and would request that the relevant fees be waived. My past work has appeared at Slate.com, the New Republic, the New York Review of Books, Inverse.com, Scienceline.org, Gawker, Earther, Chemical Engineering magazine, and elsewhere.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
* Fee Waiver Disposition Reason:
see letter sent on 9/2/2022
From: Environmental Protection Agency
09/07/2022
Matthew Phelan
MuckRock News, DEPT MR133151
263 Huntington Ave
Boston, MA, 02115
requests@muckrock.com
RE: Freedom of Information Act Request - EPA-2022-006358
Hello:
This letter concerns the above-mentioned Freedom of Information Act (FOIA) request, submitted to the U.S. Environmental Protection Agency (EPA), National FOIA Office (NFO) on 08/31/2022. You are seeking the following records: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of all final reports, memoranda, and other written or email communications related to Resource Conservation and Recovery Act (RCRA) § 3007(c) inspections of the United States Air Force operating location near Groom Lake from 1994 to 1997. This should include United States Air Force (USAF) prepared final inventory reports delivered to the Environmental Protection Agency (EPA) as well as the EPA prepared final inspection reports. CONTEXT: Barry N. Breen, a former Director of EPA's Federal Facilities Enforcement Office, and Elliott P. Laws, then an Assistant Administrator of EPA's Office of Solid Waste and Emergency Response, both supplied unclassified court declarations related to the above requested documents in the case DOE v. BROWNER, Case No. CV-S-94-795-PMP (RLH) in the United States District Court, D. Nevada. A district court order referencing the Breen and Laws declarations can be accessed here: https://www.courtlistener.com/opinion/2597169/doe-v-browner/ A Ninth Circuit appeals court decision referencing the Breen and Laws declarations can be accessed here: https://caselaw.findlaw.com/us-9th-circuit/1129437.html In the above appeals court decision, the judges note that these two unclassified declarations "indicate that from December 6, 1994 to March 10, 1995 (after Kasza was filed), EPA personnel conducted a § 3007(c) inspection of the operating location near Groom Lake; the Air Force had submitted to EPA a final inventory report; and the EPA had completed a final inspection report." The above appeals court decision further states: "The court held that RCRA itself provides no exception for disclosure of classified information, but instead permits the President to exempt federal facilities from compliance with any or all RCRA requirements pursuant to § 6001(a). 42 U.S.C. § 6961(a). Accordingly, it ruled that the EPA had to comply with § 3007(c) but gave the Administrator time to obtain a Presidential exemption. In response to this ruling, the Administrator in fact obtained, and claimed, a Presidential Exemption from any provision that would require disclosure of classified information to unauthorized persons." Please be advised that this presidential exemption, Presidential Determination No. 95-45, printed in 60 Fed.Reg. 52823 (1995) by then President William J. Clinton, remained in effect for only a one-year statutory period (https://www.govinfo.gov/content/pkg/FR-1995-10-10/pdf/95-25244.pdf). The exemption was last renewed in 2003 by then-President George W. Bush for a final one-year statutory period (https://www.govinfo.gov/content/pkg/CFR-2004-title3-vol1/pdf/CFR-2004-title3-vol1-other-id216.pdf). As no new presidential exemptions on this matter have been published, these documents should be releasable to the public. Furthermore, the above requested material is over 25 years old. Pursuant to Executive Order 13526 (https://www.archives.gov/isoo/policy-documents/cnsi-eo.html) signed by President Barack Obama in December 2009, and still in effect, classified documents 25 years or older that "have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified whether or not the records have been reviewed." PLEASE NOTE: I am a freelance reporter and would request that the relevant fees be waived. My past work has appeared at Slate.com, the New Republic, the New York Review of Books, Inverse.com, Scienceline.org, Gawker, Earther, Chemical Engineering magazine, and elsewhere. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, 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. Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires. Sincerely, Matthew Phelan Upload documents directly: https://www.muckrock.com/
Your FOIA request was assigned for processing. If you have any questions about your request, please contact the office mentioned below and reference your FOIA request tracking number EPA-2022-006358. Region 9 FOIA Program: You may contact Region 9’s Clarice Jackson at 415-972-3402 or jackson.clarice@epa.gov.
If you need any further assistance or would like to discuss any aspect of your request, you may seek assistance from EPA’s FOIA Public Liaison at hq.foia@epa.gov or call (202) 566-1667. You may also seek assistance 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, 8601 Adelphi Road, College Park, MD 20740-6001; email: ogis@nara.gov; telephone: (202) 741-5770 or (877) 684-6448; or fax: (202) 741-5769. For all media inquiries, please contact press@epa.gov.
Sincerely,
National FOIA Office
U.S. Environmental Protection Agency
From: Environmental Protection Agency
The FOIA request EPA-2022-006358 has had its Tracking Number changed to EPA-R9-2022-006358. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number:
EPA-2022-006358
* New Tracking Number:
EPA-R9-2022-006358
* Requester Name:
Matthew Phelan
* Date Submitted:
08/31/2022
* Long Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of all final reports, memoranda, and other written or email communications related to Resource Conservation and Recovery Act (RCRA) § 3007(c) inspections of the United States Air Force operating location near Groom Lake from 1994 to 1997. This should include United States Air Force (USAF) prepared final inventory reports delivered to the Environmental Protection Agency (EPA) as well as the EPA prepared final inspection reports.
CONTEXT: Barry N. Breen, a former Director of EPA's Federal Facilities Enforcement Office, and Elliott P. Laws, then an Assistant Administrator of EPA's Office of Solid Waste and Emergency Response, both supplied unclassified court declarations related to the above requested documents in the case DOE v. BROWNER, Case No. CV-S-94-795-PMP (RLH) in the United States District Court, D. Nevada.
A district court order referencing the Breen and Laws declarations can be accessed here: https://www.courtlistener.com/opinion/2597169/doe-v-browner/
A Ninth Circuit appeals court decision referencing the Breen and Laws declarations can be accessed here: https://caselaw.findlaw.com/us-9th-circuit/1129437.html
In the above appeals court decision, the judges note that these two unclassified declarations "indicate that from December 6, 1994 to March 10, 1995 (after Kasza was filed), EPA personnel conducted a § 3007(c) inspection of the operating location near Groom Lake; the Air Force had submitted to EPA a final inventory report; and the EPA had completed a final inspection report."
The above appeals court decision further states: "The court held that RCRA itself provides no exception for disclosure of classified information, but instead permits the President to exempt federal facilities from compliance with any or all RCRA requirements pursuant to § 6001(a). 42 U.S.C. § 6961(a). Accordingly, it ruled that the EPA had to comply with § 3007(c) but gave the Administrator time to obtain a Presidential exemption. In response to this ruling, the Administrator in fact obtained, and claimed, a Presidential Exemption from any provision that would require disclosure of classified information to unauthorized persons." Please be advised that this presidential exemption, Presidential Determination No. 95-45, printed in 60 Fed.Reg. 52823 (1995) by then President William J. Clinton, remained in effect for only a one-year statutory period (https://www.govinfo.gov/content/pkg/FR-1995-10-10/pdf/95-25244.pdf). The exemption was last renewed in 2003 by then-President George W. Bush for a final one-year statutory period (https://www.govinfo.gov/content/pkg/CFR-2004-title3-vol1/pdf/CFR-2004-title3-vol1-other-id216.pdf). As no new presidential exemptions on this matter have been published, these documents should be releasable to the public.
Furthermore, the above requested material is over 25 years old. Pursuant to Executive Order 13526 (https://www.archives.gov/isoo/policy-documents/cnsi-eo.html) signed by President Barack Obama in December 2009, and still in effect, classified documents 25 years or older that "have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified whether or not the records have been reviewed."
PLEASE NOTE: I am a freelance reporter and would request that the relevant fees be waived. My past work has appeared at Slate.com, the New Republic, the New York Review of Books, Inverse.com, Scienceline.org, Gawker, Earther, Chemical Engineering magazine, and elsewhere.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Matthew Phelan
Upload documents directly: https://www.muckrock.com/
From: Environmental Protection Agency
Matthew Phelan,
I mean to inquire about your information request, assigned the docket number above, and request some clarification on what location you are asking about. Requests for information must be reasonably clear and may not be structured as research projects, so we can only divine your interest based your request and the information we have on hand. Where you ask about USAF installation "near Groom Lake," we may guess that you mean the facility generally known as Area 51, in southern Nevada. Would you please confirm or correct your interest. We will not be processing the request until we hear back from you, and I request that you reply within 10 business days of this post. I should note, you requested that documents be uploaded directly to a private internet site. On clarification and production of responsive documents, we will upload documents to the FOIA On-Line website, where they will be generally available and responsive to subsequent information requests, and you would be notified and provided instructions on how to access the documents, if any. If you would like to speak about this or any other facet of your request, please do not hesitate to call me at the number stated below.
J. Andrew Helmlinger
Supervising Attorney
Office of Regional Counsel
U.S. EPA Region IX
d: (415) 972-3904
f: (415) 947-3570
From: Matthew Phelan
Dear J. Andrew Helmlinger and other EPA stakeholders:
Yes, to clarify, you are correct. This pertains to the facility generally known as Area 51.
I'm sorry if the text of my initial request came off sounding like a fishing expedition. As might have been inferred by the subject heading of my initial request, I was treating Groom Lake, Area 51, and Nellis Range as roughly synonymous: "Freedom of Information Act Request: 1994-1997 EPA Reports on Area 51 / Groom Lake / Nellis," Undoubtedly, this assumption is off, but in my defense I am leery of having this request gummed up by ever shifting and evolving DoD nomenclature.
My understanding is that large "burn pits" were created to dispose of highly classified, high tech waste at Area 51 in the past, which is one of the primary interests driving this request. As you can probably imagine, I am on my third attempt to get at these records in as many years. So, I'm worried about being told no records were found, because, technically, secretly, the burn pits were, in fact, a few miles west in the Nevada National Security Site (N2S2 or NNSS), in a special deal with the DOE, or some other technicality.
Please let me know if this answer is sufficient to begin processing this request. I am currently abroad, but when I am back in the United States, I do believe that a phone call might be helpful. I'm hopeful that a future conversation might make this faster and easier for you and the EPA Region IX staff as well.
Warm Regards, Sincerely,
Matthew
From: Environmental Protection Agency
EPA-R9-2022-006358 has been processed with the following final disposition: No Records.
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