Earthquake hazard and oil storage hub in Cushing, Okla.

Joe Wertz filed this request with the Federal Emergency Management Agency of the United States of America.
Tracking # FEMA 2016-FEFO-00190
Est. Completion None
Status
No Responsive Documents

Communications

From: Joe Wertz

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any memos, reports, studies, analyses, maps, presentations, correspondence or other records concerning earthquakes near the oil storage facility in Cushing, Oklahoma.

The time frame for this request encompasses November 1, 2011 up to and including the date that this request is officially processed.

This request is not meant to be exclusive of any other records which, though not specifically requested, would have a reasonable relationship to the subject matter of this request.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release the requested documents in the public interest.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

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.

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,

Joe Wertz

From: FOIA

Good Morning,

For your awareness, your request has been transferred to the FEMA FOIA Office for processing and direct response to you. Please find their contact information below.

Federal Emergency Management Agency (FEMA)<http://www.fema.gov/submit-foia-request-nac-information>

FOIA Officer
500 C Street, S.W., Room 840
Washington, D.C. 20472
FOIA Officer/Public Liaison: Terry Cochran
Phone: 202-646-3323
Fax: 202-646-3347
E-mail: fema-foia@dhs.gov<mailto:fema-foia@dhs.gov>

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Joe Wertz

Terry,

I'm following up on notification that my FOIA request regarding earthquakes near the oil storage facility in Cushing, Oklahoma, has been forwarded to FEMA for processing. I recognize that FEMA is an agency of DHS, and the agency historically associated with earthquakes and natural disasters. However, I wanted to make sure FEMA is the appropriate authority to handle the entire request.

In a recently published scientific paper about earthquakes near the oil hub, federal geophysicist Daniel McNamara of the USGS cites concern from DHS officials specifically:

"Department of Homeland Security (DHS), whose responsibility it is to monitor critical national strategic infrastructure, recognized the hazard posed to the Cushing oil storage facility. For this reason, the newly identified Cushing fault was used by the DHS to compute a USGS PAGER/ShakeMap scenario for emergency response planning purposes at the Cushing storage facility."

Regards,

Joe Wertz

From: FEMA-FOIA

Dear Mr. Wertz:

This acknowledges receipt and received of your September 16, 2015 Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), received in our office on October 26, 2015. You are seeking copy of any memos, reports, studies, analyses, maps, presentations, correspondence or other records concerning earthquakes near the oil storage facility in Cushing, Oklahoma. The time frame for this request encompasses November 1, 2011 up to and including the date that this request is officially processed.
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, the Department processes FOIA requests according to their order of receipt. Although FEMA’s goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10-day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, DHS/FEMA will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner; however, there are currently 994 open requests ahead of yours.
You have requested a fee waiver. The DHS FOIA Regulations at 6 CFR § 5.11(k)(2), set forth six factors FEMA is required to evaluate in determining whether the applicable legal standard for a fee waiver has been met: (1) Whether the subject of the requested records concerns ''the operations or activities of the government;'' (2) Whether the disclosure is ''likely to contribute'' to an understanding of government operations or activities; (3) Whether disclosure of the requested information will contribute to the understanding of the public at large, as opposed to the individual understanding of the requestor or a narrow segment of interested persons; (4) Whether the contribution to public understanding of government operations or activities will be ''significant;'' (5) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and (6) Whether the magnitude of any identified commercial interest to the requestor is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requestor.
In the event that your fee waiver is denied, and you determine that you still want the records, we shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to media requestors. As a media requestor you will be charged 10-cents a page for duplication, although the first 100 pages are free. You will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued.
We have queried the appropriate program offices of FEMA for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the FOIA Specialist in our office will respond to your request expeditiously as possible. We appreciate your patience as we proceed with your request.

To check the status of your FOIA requests you may use the online check status capability at http://www.dhs.gov/foia-status. Simply enter your request number and click the “Check Status” button. More information concerning the FOIA and implementing DHS regulations is available on-line at: www.dhs.gov/xfoia/editorial_0318.shtm<http://www.dhs.gov/xfoia/editorial_0318.shtm>.
More information concerning the FOIA and implementing DHS regulations is available on-line at: www.dhs.gov/xfoia/editorial_0318.shtm<http://www.dhs.gov/xfoia/editorial_0318.shtm>.

Your request has been assigned reference number FEMA 2016-FEFO-00190. Please refer to this identifier in any future correspondence. Please refer to this identifier in any future correspondence. If you need to contact our office concerning this request, please call (202) 646-3323 or electronically at FEMA-FOIA@fema.dhs.gov<mailto:FEMA-FOIA@fema.dhs.gov>.

Federal Emergency Management Agency
Disclosure Branch
Records Management Division
Mission Support Bureau

From: FEMA-FOIA

Good Morning,

The email is in regard to inquiry concerning your Freedom of Information Act request, FEMA 2016-FEFO-00190. We received the respond from the component and the first phase for processing has been completed. We certainly understand the importance of you request and are working diligently to provide the information you have requested. Thank you for your continued patience.

Tonya Blackwell
Disclosure Branch (FOIA)
Mission Support Bureau
Records Management Division
U.S. Department of Homeland Security
Federal Emergency Management Agency
Direct: 202-212-3771
Mobile:202-802-2645

From: FEMA-FOIA

Good afternoon Mr. Wertz,

Please find enclosed within the above attachment the final response letter for your Freedom of Information Act request to the Federal Emergency Management Agency.

If you have any questions or would like to discuss this matter, please contact this office at (202) 646-3323 or electronically at FEMA-FOIA@dhs.gov<mailto:FEMA-FOIA@dhs.gov> and please refer to this FOIA request FEMA 2014-FEFO-00190.

Thank you,
The FEMA Disclosure Branch

From: Joe Wertz

Monique,

In a November 2, 2015 email to Terry Cochran, I questioned the decision to forward this FOIA request to FEMA, writing:

"I recognize that FEMA is an agency of DHS, and the agency historically associated with earthquakes and natural disasters. However, I wanted to make sure FEMA is the appropriate authority to handle the entire request.

"In a recently published scientific paper about earthquakes near the oil hub, federal geophysicist Daniel McNamara of the USGS cites concern from DHS officials specifically:

"'Department of Homeland Security (DHS), whose responsibility it is to monitor critical national strategic infrastructure, recognized the hazard posed to the Cushing oil storage facility. For this reason, the newly identified Cushing fault was used by the DHS to compute a USGS PAGER/ShakeMap scenario for emergency response planning purposes at the Cushing storage facility.'"

Those questions/concerns went unanswered. That "no responsive documents" have been found within FEMA’s Region VI adds to my concern that FEMA and, specifically, Region VI, aren't venues likely to have documents responsive to my FOIA request .

Are FEMA/Region VI entities charged to "monitor critical national strategic infrastructure" and "compute a USGS PAGER/ShakeMap scenario for emergency response planning purposes at the Cushing storage facility?"

If those are the responsibilities of another DHS entity, I welcome any insight on how best to redirect this FOIA request.

Regards,

Joe Wertz

From: Joe Wertz

Monique,

Just following up with the message I sent on 1/8/2016.

Joe

From: FEMA-FOIA

Good Afternoon,

I will forward your email to Ms. Booker to respond to your status check.

Tonya Blackwell
Disclosure Branch (FOIA)
Mission Support Bureau
Records Management Division
U.S. Department of Homeland Security
Federal Emergency Management Agency
Direct: 202-212-3771
Mobile:202-802-2645

From: FEMA-FOIA

Good afternoon Mr. Wertz,

The attached is the acknowledgement of receipt of your Freedom of Information Act (FOIA) Request. If you need to contact our office concerning this request, please call (202) 646-3323 or electronically at FEMA-FOIA@dhs.gov and refer to FEMA 2016-FEAP-00006.

Thank you,

The FEMA Disclosure Branch

From: FEMA-FOIA

Good Morning,

I will forward your status check to the lead who is processing this request.

Tonya Blackwell
Disclosure Branch (FOIA)
Mission Support Bureau
Records Management Division
U.S. Department of Homeland Security
Federal Emergency Management Agency
Direct: 202-212-3771
Mobile:202-802-2645

From: FEMA-FOIA

Good Afternoon,

Your case is being review by OCC for processing. I will add your status check to your file.

Tonya Blackwell
Disclosure Branch (FOIA)
Mission Support Bureau
Records Management Division
U.S. Department of Homeland Security
Federal Emergency Management Agency
Direct: 202-212-3771
Mobile:202-802-2645

From: Joe Wertz

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 26, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FEMA 2016-FEAP-00006

Thanks for your help, and let me know if further clarification is needed.

From: FEMA-FOIA

Good Afternoon,

Your case is still being review by OCC. I will forward your status check to my lead to follow up with OCC. We certainly understand the importance of your request and are working diligently to provide the information you have requested. Thank you for your continued patience.

FEMA-FOIA

From: FEMA-FOIA

Good Morning Mr. Wertz,

Please note that your FOIA request was closed 12/4/2015.

Paula Presley
Program Specialist
Disclosure Branch (FOIA Office)
Records Management Division
Federal Emergency Management Agency
US Department of Homeland Security
Office – 202-212-5877
Mobile - 202-320-0187
Paula.presley@fema.dhs.gov<mailto:Paula.presley@fema.dhs.gov>

From: McCoy, David

Per your request. See below:

David D. McCoy
Government Information Specialist -Disclosure Branch
Information Management Division
Office of the Chief Administrative Officer
Federal Emergency Management Agency
U.S. Department of Homeland Security
Desk phone: 202-212-5061
Mobile phone: 202-716-6907
E-mail address: david.mccoy@fema.dhs.gov<mailto:david.mccoy@fema.dhs.gov>

From: Joe Wertz

David,

re: FEMA 2016-FEAP-00006

Thanks for the appeal, the followup and re-opening the effort. I look forward to the results of the additional search.

Sincerely,

Joe Wertz
Reporter, StateImpact Oklahoma
stateimpact.npr.org/oklahoma

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