Scott Pruitt's chlorpyrifos emails

Alexander Rony filed this request with the Environmental Protection Agency of the United States of America.
Tracking #

EPA-HQ-2017-006791

Status
Completed

Communications

From: Alexander Rony

To Whom It May Concern:

This is a request under the Freedom of Information Act for records of communications to, from, or drafted by EPA Administrator Scott Pruitt that contain the term "chlorpyrifos." Please include emails, letters, memos, call logs, meeting requests and agendas, and records contained in the Correspondence Management System. You may exclude mass distribution contacts (e.g., e-newsletters) that were not directed specifically to Administrator Pruitt. Please limit the search from February 17, 2017 to the date this request is processed.

I respectfully request that you waive all fees in connection with this request as provided by 5 U.S.C. § 552(a)(4)(A)(iii). The Sierra Club is a national environmental nonprofit with no commercial interest in obtaining the request information. Instead, our organization intends to analyze and disseminate the requested information free of charge so that the public can be better informed about and meaningfully participate in the debate over pesticide usage.

The subject matter of the requested records is likely to contribute significantly to public understanding of the operations and activities of the government by disclosing how decisions are being made -- and reversed -- at the EPA and how the agency views a highly-controversial pesticide. Chlorpyrifos has been the subject of many articles recently after a proposed agricultural ban was blocked and companies began pressuring the agency to set aside the results of a study on impacts to endangered species. Administrator Pruitt was the decisionmaker in the ban's denial, and the companies are directing their new chlorpyrifos letters to the Administrator's Office.

Here are two sample articles to demonstrate existing public interest:

http://www.npr.org/sections/thesalt/2017/03/29/521898976/will-the-epa-reject-a-pesticide-or-its-own-scientific-evidence
http://www.valleymorningstar.com/business/article_30dde5c7-b171-54ac-ab9b-f3d1dd1ecc53.html

Even the EPA recognizes the newsworthiness of this issue, as the agency published a news release on March 29 about the ban's denial: https://www.epa.gov/newsreleases/epa-administrator-pruitt-denies-petition-ban-widely-used-pesticide-0

The Sierra Club and its supporters have demonstrated expertise in the subject area, specifically the development of policies designed to safeguard public health and the environment from toxic chemicals. Our supporters have filed hundreds of thousands of public comments to agencies related to these threats.

The Sierra Club has the ability and intention to disseminate the information it receives through this request. The information may be shared through emails to an audience of hundreds of thousands of people, Facebook and Twitter posts reaching thousands of individuals, articles on our website, and analysis provided to the media.

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,

Alexander Rony
Sierra Club

From: foia_hq@epa.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2812d471e)
* Tracking Number: EPA-HQ-2017-006791
* Requester Name: Alexander Rony
* Date Submitted: 05/02/2017
* Request Status: Submitted
* Description: Requesting records of communications to, from, or drafted by EPA Administrator Scott Pruitt that contain the term "chlorpyrifos".

From: Farren, Victor

Mr. Rony,

I have been assigned the FOIA request you filed with the EPA seeking communications to, from or drafted by Administrator Pruitt containing the term 'chlorpyrifos.' The date range is February 17 to the date the request is processed. We are currently processing the same request for a slightly different date range: January 20 - March 31. If you are willing to accept the results of that search in lieu of your current request we can send you the results when they are ready. Otherwise we will have to file your request as a new one which will delay your access to these records. Please note, that if you can always file a new request for any additional dates if you the need.

Please let me know how you would like to proceed.

Sincerely,

Victor J. Farren
Attorney-Advisor
U. S. Environmental Protection Agency
Office of the Executive Secretariat
(202) 564-0808

From: Alexander Rony

Dear Mr. Farren,

Thank you for contacting me about this matter, which may hasten the delivery of responsive documents. There are two separate issues concerning chlorpyrifos that I am aware of, and one falls after March 31. That being said, if it helps streamlines requests for your office and nothing prevents me from filing a new request in the future for additional dates, then I am willing to amend this request to align with and accept the results of the January 20 - March 31 request.

Best regards,
Alexander Rony

From: Farren, Victor

Mr. Rony,

To be clear, nothing precludes you from filing an additional FOIA request in the future. Therefore, I will put a note in your file that you are willing to amend your current request to the dates January 20 – March 31.

We will send you a final response with the documents when they become available.

Thank you for your flexibility.
Regards,

Victor Farren

From: newton.jonathan@epa.gov

Your request for Fee Waiver for the FOIA request EPA-HQ-2017-006791 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 05/02/2017
* Fee Waiver Disposition Reason: N/A
* Request Long Description: Requesting records of communications to, from, or drafted by EPA Administrator Scott Pruitt that contain the term "chlorpyrifos".

From: newton.jonathan@epa.gov

05/04/2017 12:28 PM FOIA Request: EPA-HQ-2017-006791

From: Farren, Victor

Alexander,

We have finished our review of the documents for Layne Bangerter, Donald Benton, Byron Brown and Samantha Dravis. I am waiting to receive the final, redacted copy and as soon as I receive them, I will send them out. I am currently reviewing the documents for John Konkus, David Schnare, Justin Schwab and George Sugiyama.
Regards,

Victor Farren

From: newton.jonathan@epa.gov

EPA-HQ-2017-006791 has been approved for an interim release.
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: View Records.Over the next 2 hours, these records are also being added to FOIAonline's search pages, further enabling you to retrieve these documents associated with your FOIA request at any time. (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2812d471e)

From: Alpha Assistance

Documents provided by Agency.

From: Environmental Protection Agency

05/04/2018 11:47 AM
RE: FOIA REQUEST EPA-HQ-2017-006791
Dear Alexander Rony,
Thank you very much for your interest in the Environmental Protection Agency. This correspondence references the above Freedom of Information Act (FOIA) request, which seeks information about chlorpyrifos, communications with outside parties, or both. Many people and entities have requested information about these records. We appreciate your patience as we process these requests.
I. Interim Response
Today we are releasing 17,137 pages of records to you. The release contains materials responsive to your FOIA request. This release may include additional records that you have not requested; however, the records may be of interest to you. We are releasing these records proactively to you at no cost.
This release includes documents that have been partially withheld. The reasons for the withholdings are printed over the redactions. Should you wish to appeal any withholding determination, you will have the opportunity to do so. We will provide you with appeal rights at the time of the final production.
Records Released to EPA-HQ-2015-005991:
1. EPA Bib of DOW Chlorpyrifos Products.pdf (3 pages) 2. Panna v EPA FOIA Litigation_Full 11.16 Release Set_Stamped Redacted for Release_ 4 PM USE THIS ONE.pdf (3,922 pages)
3. PANNA v EPA Release in Full_3.2 Interagency Production.pdf (318 pages
4. PANNA v EPA Release with Redactions_3.2 Interagency Production.pdf (42 pages)
5. PANNA v EPA_13-cv-02706_Prod 1_Oct 10_PART 1.pdf (4,125 pages)
6. PANNA v EPA_13-cv-02706_Prod 1_Oct 10_PART 2.pdf (628 pages)
7. PANNA v EPA_13-cv-02706_Prod 1_Oct 10_PART 3.pdf (985 pages)
8. PANNA v EPA_13-cv-02706_Prod 1_Oct 10_PART 4.pdf (2,415 pages)
9. PANNA v EPA_13-cv-02706_Prod 1_Oct 10_PART.pdf (1,822 pages)
10. Releasable PBPK final QA memo.pdf (14 pages)

EPA-HQ-2017-006057 responded to a FOIA request that requested, first, communications between EPA employees and Dow AgroSciences about chlorpyrifos, second, evaluations of the PBPK-PD model for chlorpyrifos, and third, communications related to nose-only inhalation studies on chlorpyrifos. The records are available here https://foiaonline.regulations.gov/foia/action/public/view/request?objectId=090004d2806817d8.
Records Released to EPA-HQ-2017-005731:
1. EPA-HQ-2017-005731 Redacted (722 pages) 2. EPA-HQ-2017-005731 - News Clips (941 pages)

EPA-HQ-2017-005731 responded to a FOIA request that requested communications between EPA staff and third parties, including Congress, Executive Branch staff, trade organizations, and pesticide manufacturers. The records are available here https://foiaonline.regulations.gov/foia/action/public/view/request?objectId=090004d281251c32.
Records Released to EPA-HQ-2017-006057:
1. American Oversight v EPA_Production 10 13 17.pdf (466 pages) 2. American Oversight v EPA_Production A - 01-26-18.pdf (442 pages)
3. American Oversight v EPA_Production B - 01-26-18.pdf (280 pages)
4. Congressional -11-30-17.pdf (12 pages)

EPA-HQ-2017-006057 responded to a FOIA request that requested communications about chlorpyrifos between EPA employees and third parties, including trade groups, pesticide manufacturers, Congress, and think-tanks. Further, it requested records related to the denial of petition to ban chlorpyrifos. The records are available here https://foiaonline.regulations.gov/foia/action/public/view/request?objectId=090004d28127ad98.
II. Unusual Circumstances and Extension of Time
To complete your request, EPA will need to search for and collect the requested records from multiple EPA offices that are separate from the Office of the Administrator (AO). As a result of these unusual circumstances, an extension of time to respond to your request is necessary under 40 C.F.R. § 2.104(d).
The AO has received an unprecedented amount of FOIA requests during fiscal year 2017. In fiscal year 2016, AO received only 203 FOIA requests, whereas in fiscal year 2017, AO received 1,043 FOIA requests. This is a 413% increase in FOIA requests from fiscal years 2016 to 2017. We are still processing these requests.
For your information, we use multiple tracks to process requests, but within those tracks we work in an agile manner. The time needed to complete our work on your request will necessarily depend on a variety of factors, including the complexity of our records search, the volume and complexity of any material located, and the order of receipt of your request.
In fiscal year 2017, the average processing time for complex FOIA requests processed by AO was 388 working days. Using this number as instructive to estimate the time to process your request, the new estimated completion date for this FOIA is October 26, 2018.
III. Opportunity to Discuss and Modify
EPA’s FOIA regulations state:
Whenever possible, your request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter. If known, you should include any file designations or descriptions for the records that you want. The more specific you are about the records or type of records that you want, the more likely EPA will be able to identify and locate records responsive to your request.
40 C.F.R. § 2.102(c).
We would like to provide you the opportunity to discuss the request with us and clarify or narrow the request. As indicated in 40 C.F.R. § 2.102(c), if you would like to speak with us about your request, please include or be prepared to discuss any specific information about the records you seek, including time-period, authors, or a more detailed description of the records’ subject matter. IV. Publicly Available Information and Next Steps

The following are sources of publicly available information that you can access immediately:
• Our website: https://www.epa.gov/home/advanced-search • FOIAonline for records previously released through FOIA requests: https://foiaonline.regulations.gov/foia/action/public/search/
• EPA MyProperty: https://www3.epa.gov/enviro/facts/myproperty/
• Environmental Topics Information repositories: https://www.epa.gov/environmental-topics/z-index
• Technical/scientific/educational publications: https://www.epa.gov/nscep
• Staff Manuals and Guidance: https://www.epa.gov/foia/national-online-foia-library#admin
• Policy Statements: https://www.epa.gov/foia/national-online-foia-library#statement
• Superfund sites and data: https://www.epa.gov/foia/national-online-foia-library#superfund

If it is possible for us to do so, we will provide you with interim releases as they become available.
If you wish to clarify your request further so that EPA can process your request in a shorter amount of time, or if this release satisfies your request and you would like to close your request, the Office of the Administrator is happy to work with you.
Additionally, you may seek assistance from EPA’s FOIA Public Liaison at hq.foia@epa.gov 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, 8601 Adelphi Road-OGIS, College Park, MD 20740-6001; by email, ogis@nara.gov; by telephone, (202) 741-5770 or (877) 684-6448; or by fax: (202) 741-5769.
If you have any additional questions about your request, please contact Christopher Creech at creech.christopher@epa.gov or (202) 564-4286.
Please direct media related inquiries to press@epa.gov. Thank you,

EPA Office of the Administrator

From: Environmental Protection Agency

This email is about your Freedom of Information Act (FOIA) request, EPA-HQ-2017-006791; it is assigned to the Office of the Administrator for processing.
The Office of the Administrator has experienced a significant increase in FOIA requests since the start of this administration. As of May 7, 2018, your FOIA request, EPA-HQ-2017-006791, is currently 327 in the queue. We are processing all FOIAs within the scope of our resources, given the sharp increase in requests. If possible, we will provide you with interim releases as they become available.
In fiscal year 2017, the average processing time for complex FOIA requests processed by AO was 388 working days. Using this number as instructive to estimate the time to process your request, the new estimated completion date for this FOIA is October 26, 2018.
The following are some sources of publicly available information that you can access immediately and which may contain information responsive to your request: • Our website: https://www.epa.gov/home/advanced-search
• The EPA newsroom: https://www.epa.gov/newsroom
• FOIAonline for records previously released through FOIA requests: https://foiaonline.regulations.gov/foia/action/public/search/
• Frequently requested records: https://www.epa.gov/foia/national-online-foia-library#request
• MyProperty: https://www3.epa.gov/enviro/facts/myproperty/
• Technical/scientific/educational publications: https://www.epa.gov/nscep
• Superfund sites and data: https://www.epa.gov/foia/national-online-foia-library#superfund
• Historical material reflecting the EPA website as it existed on January 19, 2017 https://19january2017snapshot.epa.gov/

If you wish to clarify your request, so that once we reach the request in the queue, it might be processed in a shorter amount of time, please contact Nicole Rementer, Rementer.Nicole@epa.gov. If you are no longer interested in the requested records, please let us know so that we can remove your request from the queue. Please be sure to include your tracking number, EPA-HQ-2017-006791, in the email subject to ensure a timely response.
In addition to seeking assistance from the contact above, you may seek assistance from the EPA’s FOIA Public Liaison at hq.foia@epa.gov or (202) 566-1667, or from the Office of Government Information Services (OGIS). OGIS’s services are described on their website, https://www.archives.gov/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-OGIS, College Park, MD 20740-6001; email: ogis@nara.gov; telephone: (202) 741-5770 or (877) 684-6448; or fax: (202) 741-5769.
Thank you,
Nicole Rementer

From: Environmental Protection Agency

The FOIA request EPA-HQ-2017-006791 has had its Tracking Number changed to EPA-2017-006791. 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-HQ-2017-006791
* New Tracking Number:
EPA-2017-006791
* Requester Name:
Mr. Alexander Rony
* Date Submitted:
07/07/2018
* Long Description:
Requesting records of communications to, from, or drafted by EPA Administrator Scott Pruitt that contain the term "chlorpyrifos".

From: Environmental Protection Agency

EPA-2017-006791 has been processed with the following final disposition: Partial Grant/Partial Denial.

  • Other-20200603100604-EPA-HQ-2017-006791 Closeout Letter 6.3.2020

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