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EPA-6 Aquifer Model FOIA: Appeal for non-delivery


January 20, 2013

National Freedom of Information Officer
USEPA FOIA and Privacy Branch
1200 Pennsylvania Ave. NW (2822T)
Washington DC 20460

Sent To: This email address is being protected from spambots. You need JavaScript enabled to view it. FAX 202 566-2147

EPA Region 6
Leticia Lane
Region 6 FOIA Officer

Sent to:  This email address is being protected from spambots. You need JavaScript enabled to view it.

FOIA # EPA-R6-2014-001517
RE: Inadequate FOIA Response

Dear Ms. Lane,

I spoke with you on 1/15/2014 regarding the fact that EPA Region 6 did not provide me with the EDB modeling report. I still have not received the report from EPA although it was sent to Albuquerque Journal Reporter John Fleck and the Associated Press on January 13, 2014. EPA Scott Ellinger contacted Mr. Fleck directly to spin the story to him.
The thumb drive received from EPA by mail on 1/15/2014, presumably a PDF file containing the report, contained no report.  Instead, the drive contained multiple folders, some of them layers deep, with what appears to be "make" files, data sheets in various formats and other non-recognized file formats.  We spent some time Googling for some file formats, with little understanding gleaned other then proprietary software was needed to build these files. 

The totality of what's on this thumb drive could be read for days, in bits and pieces with no outline or table of contents, and still not yielding orderly understanding possible from reading the compiled PDF report.

Once again, I am asking that EPA email me the actual report just as it did for local news media.  I would also like to be provided with an explanation as to why news media would receive the report without first providing it to me as the FOIA requester. 

Thank you for your assistance in this matter.  If no response is sent and received by me within 3 business days in the form of the actual report this letter is to serve as an appeal.


David B. McCoy, Esq.
Executive Director
Citizen Action New Mexico
POB 4276
Albuquerque, NM 87196-4276
505 262-1862
This email address is being protected from spambots. You need JavaScript enabled to view it.