Friday, November 13, 2015

Seventh GSA FOIA Release shows more deceit, incompetence




Here is the seventh and final release from the General Services Administration, sent to me on September 30, exactly one year to the day that the first release came out.

There are 468 pages of information in this release, hence the long processing time to review and get this information out. As before, in prior releases, there is a lot to read, but the information is important to review as it reveals more of the machinations that allowed STORIS to be illegally exported to Mexico for scrapping.

As other FOIA releases have demonstrated, there was a callous lack of concern for the accomplishments and significance of STORIS and the contributions of her crews over her 65 years of service to the U.S. To the Coast Guard, she was a financial liability. To the GSA, she was nothing better than a beat-up old file cabinet. It is repeated throughout the documentation that selling the ship for chump change to a questionable scrapper of dubious background was in the government’s best interests. This, despite the ship’s listing in December 2012 as nationally significant on the National Register of Historic Places. Federal preservation law (National Historic Preservation Act of 1966 16 USC 470) strongly encourages the preservation of nationally significant historic properties, particularly federally owned properties that are being transferred to private ownership. The bureaucrats within GSA didn’t care and the CG officials involved weren’t much better. The EPA officials at best couldn’t be bothered to look deeper into the concerns we expressed over the legality of the ship’s sale and export, instead choosing to accept seriously flawed paperwork that they should have immediately recognized for its faults. Then there were the MARAD officials, who sat back while all this was going on and let it happen, knowing full well that STORIS should have been under their disposal purview (40 USC 548), that the ship undoubtedly contained PCBs and other regulated hazardous materials, and that the export of the ship to Mexico violated federal law (§3502 of the Duncan Hunter NDAA of 2009).

Some very interesting points popped out of this release. One is some unexpected documentation related to a former NASA barge, the POSEIDON. This barge was used by NASA to haul Saturn V rocket stages for the Apollo missions and later, the large main fuel tank for the space shuttle. POSEIDON was involved with a scandal related to her sale by GSA. GSA listed the barge for sale and the winning bidder learned after the auction was over that the ballast water that was used to secure the barge to its moorings contained a corrosion inhibitor that made the 250,000 gallons of ballast into hazardous materials. NASA revealed this to GSA, but GSA did not see fit to list it in the auction listing. A lawsuit resulted and the court found in favor of the purchaser and voided the sales agreement, refunding the deposit. The court documents are here:


An auction listing for POSEIDON is here: http://gsaauctions.gov/gsaauctions/aucdsclnk?sl=41QSCI11449001

It is interesting to note that the auction for POSEIDON took place just a few months after the former CGC ACUSHNET (WMEC-167) was auctioned off by GSA. We are certain that, by virtue of her age and construction, that ACUSHNET likely has on board latent and undocumented hazardous materials that should have made her open, unrestricted auction illegal under federal law. As you may recall, ACUSHNET is now for sale in Anacortes, WA, at the center of a federal criminal case involving the buyer and his alleged activities in defrauding a wealthy and vulnerable widow out of approximately $1 million to buy the ship and for personal expenses for himself.

The POSEIDON lawsuit was underway in early 2013 as GSA was preparing to fast-track the sale of STORIS to expedite her disposal from federal ownership. Again, we know that STORIS also contained asbestos, red lead and PCBs above federally regulated levels as she had on board significant quantities of undocumented materials such as abandoned cabling. Earlier documents released through FOIA demonstrate that there was a clear and conscious effort to avoid testing STORIS (and ACUSHNET, as well as MACKINAW and likely other cutters…) according to accepted protocols that would have identified latent hazardous materials. Instead of random sampling as required by law, the sites chosen for PCB were deliberate in that the sites chosen would have little chance of testing positive for PCB content. These included samples taken from items manufactured well after the federal PCB ban went into place. Strikingly, no samples were taken from paints (older paints used PCBs as flame retardants) or the electrical system (where PCBs would have been used for their heat resistance in cooling oils and insulation). The presence of haz-mat was verified by members of STORIS’ final crew. Yet STORIS was sold as miraculously PCB free with very sparse and questionable paperwork.

What do all these transactions have in common? Tonya Dillard of the General Services Administration. She was in charge of sales for all of these questionable transactions.

In fact, in this FOIA release, there is a huge reveal on page 205 when Tonya Dillard reveals that the GSA does not release hazardous materials documentation to the buyers of vessels who purchase them through GSA Auctions.

From: Tonya Dillard - 4QSCA <tonyar.dillard@gsa.gov>
To: Heather Bischoff - 4QSCB <heather.bischoff@gsa.gov>
CC:
We only provided the successful bidder with a copy of the purchaser's receipt. We never provide the successful bidder a copy of the Hazmat Documentation. (P206)

This is the matter that was discussed in the Maritime Executive op-ed piece that was published August 27: http://maritime-executive.com/editorials/environmental-rules-dont-apply-to-the-federal-government

This is outrageous and goes right back to the POSEIDON issue discussed earlier in the packet of information. Dillard was involved with the auction of ACUSHNET, POSEIDON and STORIS. It would seem that Tonya Dillard plays fast and loose when it comes to disposing of ships containing hazardous materials, despite federal laws that are supposed to regulate these substances. These regulations include the Toxic Substances Control Act of 1976 and the strict regulation of PCBs. “The USCG is precluded from the “distribution in commerce” of PCBs or items containing PCBs in concentrations above specified levels. Under the Federal Property Management Regulations (FPMR), the GSA regulates the transfer of excess personal property through the utilization and disposal cycle defined in 41 CFR 102-36. The transfer of any property that is contaminated with hazardous materials such as PCBs, asbestos, or lead-based paint shall be in accordance with the guidelines established in 41 CFR 101-42.” STORIS likely contained all of these materials and so does ACUSHNET.

It would be interesting to know what kind of incentives the government and particularly GSA has for pushing sales of contaminated items out into private ownership…

On pages 347-351, there is a tersely worded email from Jeff Beach of the Coast Guard dated 9/27/13. Beach is demonstrating concern and a lack of patience with the buyer and GSA, disagreeing with GSA officials that the failure to move STORIS from the SBRF was because the move was beyond the control of the buyer. Beach points out that he believes the delay was caused by the buyer intentionally holding the ship at the SBRF to avoid the costs of moving the ship to a commercial berth while working out his plans for the ultimate disposition of the ship. Beach is concerned as the Oct 1 fiscal year cutoff is looming and the potential costs to the CG were appx $70K if the ship was not moved. As it was, she stayed in the SBRF for almost an entire additional month and there has never been any revelation as to whether or not the CG, the buyer or any other party had to pay for that extra storage time. Granted the government shutdown started Oct. 1, but the staff at SBRF was not affected by the shutdown and were open for business. Beach requests in his email of Sep 25 that the sale be voided and control of STORIS returned to the USCG. Dillard and GSA refused to void the sale, instead sticking up for the buyer, Mark Jurisich of U.S. Metals Recovery. Here, it would be a valid question to ask why Tonya Dillard and GSA were defending the buyer and his interests before that of the agency that had excessed the vessel and had the immediate need to move the ship or incur a financial penalty for the ship remaining in the SBRF.

The correspondence largely speaks for itself. Again, from the original filing of this FOIA on Nov. 4, 2013 to the final release on Sept 30, 2015, it was just short of two years to get this information.

STORIS is gone, but we still deserve answers. Hopefully, we can get some justice, especially if we can get this information in front of the right government investigators, particularly the Government Accountability Office. We need the STORIS Act legislation to pass to initiate the audit of the ship recycling program of the US Maritime Administration. Again, MARAD let this all happen, even though its own officials questioned the PCB-free designation of STORIS just prior to her export.

The cover letter is here: https://goo.gl/uiEJcB

The document packet is here: https://goo.gl/ixaLrs

A summary is as follows:

P 1-25  As in earlier releases from GSA, this section and others is a rambling back-and-forth between GSA officials regarding an inquiry from Bob King of Senator Mark Begich’s office in the hours immediately following the STORIS auction. In this exchange, GSA officials discuss how to respond, the particulars of the auction, the fact that GSA is going to accept the bid for $70,100 (despite the bid being well below the $100K reserve price), and the identity of the winning bidder. A key comment is on page 22 from Heather Bischoff of GSA:

Fri Jun 28 2013 07:29:42 GMT-0600 (MDT)
ID: 13f8afa0b850234c
From: Heather Bischoff - 4QSCB <heather.bischoff@gsa.gov>
To: Saudia Muwwakkil - ZP1B <saudia.muwwakkil@gsa.gov>
CC: Karen Warrior <karen.warrior@gsa.gov>, Mark Brantley - 4QSC1 <mark.brantley@gsa.gov>, Tonya Dillard - 4QSCA <tonyar.dillard@gsa.gov>, Deone McMillan <deone.mcmillan@gsa.gov>, Dave Robbins - QSC <david.robbins@gsa.gov>
Hello again.... Another important piece of information for you to be aware of is the high bidder will be using the vessel as scrap metal. The MOA with the State Historic Preservation Office and Coast Guard (attached) put the onus on the Coast Guard to preserve the history rather than putting restrictive covenants on the vessel itself.

This demonstrates once again that GSA cared not one bit that STORIS was officially designated as nationally significant and listed officially on the National Register of Historic Places. They fell back on the Section 106 MOA that, at the time of the auction, was almost seven years old. Circumstances had changed since the original creation of the document, yet GSA charged ahead with their expedited disposal of the ship based on that agreement. Whether that was an appropriate course of action remains to be determined. And once again, just because they could do that doesn’t meant they HAD to do it. This is all about getting rid of the ship ASAP with no concern for her history. Lazy, indifferent, incompetent bureaucrats… Another key aspect of this communication is that GSA officials knew immediately that the intent for STORIS was scrap. How did they know? Why did they not refer to the restrictions for STORIS to be recycled domestically per Section 3502 of the Duncan Hunter NDAA of 2009?

P 25-31 – Email exchange between the buyer, GSA, Coast Guard and MARAD related to Department of Defense permission to export the ship to Mexico. CG and GSA expressed belief at one time that the buyer was free to move the ship wherever he wanted to as it was a privately owned vessel. However, the State Department said otherwise and considered STORIS a warship, limited by International Trade in ARms restrictions. Here the buyer refers to pressure from “my people.” Who are “his people?” We know that the buyer had to have $50K wired in from a foreign source to finalize purchase of the ship. Nowhere in the GSA paperwork does the government identify the source of the foreign money, as required by the Bank Secrecy Act of 1970 or the PATRIOT Act of 2001. Who are the foreign interests behind the purchase of the ship?

P 31-32 – Discussion between the buyer, GSA and CG related to the need for a Certificate of Financial Responsibility (insurance for oil pollution release).Also, STORIS had to be removed from the SBRF before the new fiscal year beginning Oct 1 in order to prevent the USCG from being billed for additional storage fees. This is an important ongoing topic of discussion.

P 33- 42 – Correspondence between the State Department and CG related to STORIS’ decommissioned status. P 35 has a comment from Tonya Dillard stating the sales contract will not be voided based on circumstances beyond the buyer’s control. Further discussion with another GSA official, David Robbins, the Director of Personal Property Management. 

P 42-71 Discussion between MARAD and CG about the possibility of CG being stuck with another year’s storage fees if the ship is not removed by Sep 30. Continued discussion related to the ship’s military decommissioned status with the State Department’s involvement. Delays because the ship is anchoring down the row at SBRF. P 67 has a comment from Robbins re the sale to US citizens only with the International Traffic in ARms regulations. Page 66 refers to GSA officials discussing military sales constraints which would limit the scope of sales to U.S. citizens. If GSA is selling these items, shouldn’t they be better versed in items they are handling and selling off?

P72-78 Correspondence from Tonya Dillard of GSA stating that Jim Loback of the STORIS Museum was working to see the purchase contract voided so that the museum could attempt to take title to the ship. Jeff Beach at Coast Guard indicated that the CG would be “giving the property to Mr Loback’s agency once the contract was voided.” So what you have is an international mess where GSA sold a contaminated ship to a buyer who had to go through official channels to export the ship to Mexico, a ship that was considered a warship by the State Department. The government allowed the export to proceed even though there were issues with her status as an armament and the fact that §3502 of the Duncan Hunter NDAA of 2009 should have precluded her export altogether. The GSA and government could have facilitated the transfer of STORIS to the domestic nonprofits, which would have preserved the ship, a designated national historic property. Instead, they opted to follow a more complicated path that broke several federal laws and ended with STORIS destroyed on a beach in Mexico. They could have helped facilitate the preservation of the ship, yet they went through all the trouble to facilitate the illegal export of the ship by a sleazy buyer from a questionable “metals recycling” company. The government enabled the buyer to try to extort the nonprofits interested in preserving the ship even as he tried to find a way to circumvent domestic recycling and labor laws to cut the ship up in California using migrant labor. Then, when domestic recycling options became nonexistent, he exported STORIS to Mexico with the government’s blessing.

P79-104 – More discussion about the demilitarized status of STORIS and the issue of exporting out of the country what the State Department considered to be a warship. A FOIA request I submitted to the State Department has not had much in the way of a response other than a denial for expedited response. As we know from watching the situation with former Sec of State Hillary Clinton and her emails, the State Department does not respond to requests for information related to wrongdoing or email reviews.

P 104-105 – Correspondence from GSA regarding the removal of the ship in mid-September

P 106 -108 – Discussion between Heather Bischoff and Tonya Dillard of GSA regarding difficulties the buyer, Mark Jurisich, was having registering STORIS with the CG Vessel Documentation Center. Dillard also mentions that Jim Loback had called asking why the ship hadn’t been moved and the particulars of Jurisich trying to extort the STORIS Museum, considering the known high costs of domestic scrapping.

P109 – Request from Mark Jurisich to Tonya Dillard asking for a phone call. Phone calls are convenient as they evade the paper trail that can be picked up by FOIA requests.

P110 -115 – Request from Tonya Dillard to Mark Jurisich for an update re removal of STORIS from the SBRF.

P116-120 – More discussion regarding paperwork prior to the ship’s removal.

P 121- Heather Bischoff out of office

P122-127 – More discussion between Dillard and Jurisich re COFR and removal of the ship.

P128-131 – Discussion related to towing issues and a contact within the San Francisco CG Office for Waterways Management. This would have involved issues related to bottom-cleaning and invasive species protection requirements. STORIS was towed directly from Suisun Bay to Ensenada without stopping for a bottom cleaning. Recent documentation obtained through FOIA specifies that ships in the SBRF are to have their hulls cleaned every five years. STORIS was in the SBRF for over six without being touched.
 
P 132-133 – More about COFR from Jurisich to Dillard, Dillard out of office.

P134-157 – Correspondence shared by Jurisich with his insurance underwriter discussing the COFR. Jurisich explains that STORIS has been laid up in better condition than any other CG ship at SBRF, according to MARAD officials. He indicates the sea chests are blanked off and the bottom cleaned. He also states that ship has been cleaned of all PCBs (which we know is categorically not true). Plan at that time was to tow from SBRF to Alameda.

P 157-158 – Dillard out of office

P 159-179 – Here is the interesting inclusion not related to STORIS, but the NASA barge POSEIDON, used to transport Saturn V stages and the space shuttle’s main fuel tank.

Have to laugh cynically at : "Thank you for your recent Freedom of Information Act (FOIA) request. The Obama Administration is committed to an open and transparent government. Accordingly, the US General Services Administration (GSA) is doing its part to make government more open, accessible and transparent…” Ha! What a joke.

P 180-182 – Copies of correspondence between Jurisich and Sause towing.

P 183 – Out of office message from Dillard

P 184-199 – Bureaucratic runaround among GSA officials as to how to respond to the FOIA request submitted by Jon Ottman (me) on behalf of the STORIS Museum to identify the buyer. It took them several weeks to respond and, by then, the buyer had already contacted the STORIS Museum through an intermediary to start his extortion attempt.

P 200-203 – Correspondence between MARAD’s director of ship sales, Curt Michanczyk, and GSA regarding STORIS’ sale. Michanczyk notes immediately that the ship was sold for scrap. This particular exchange is indicative of a problem with this FOIA response as GSA did not release Heather Bischoff’s response. Also, why doesn’t Curt Michanczyk notify GSA that STORIS would be restricted to domestic scrapping? BIG PROBLEMS ALL THE WAY ROUND…

P 204- More COFR discussion

P 205-213 An interesting exchange between Jeff Beach of Coast Guard and Heather Bischoff of GSA related to the collection of haz-mat documentation related to STORIS that was being gathered to respond to inquiries from the Environmental Protection Agency following the ship’s export. This was prompted by the public outcry related to the ship’s export when it was known she contained latent hazardous materials and PCB-containing materials higher than the 50 ppm regulated threshold.

P 214-216 – Departure information from MARAD to CG and GSA

P 217 – Message from Jeff Beach of CG to Chris Rollins, EPA inspector in Region IX related to the PCB status of STORIS. The PowerPoint presentation referenced demonstrates the removal of 20 linear feet of black foam insulation that, upon removal, magically rendered STORIS free of PCBs. This is, of course, not true as there was a significant quantity of undocumented material on board the ship that still contained PCBs. The PCB reports referenced in the email are also erroneous as discussed earlier, as the CG’s protocols and methods for testing were wholly inappropriate. The testing process seems to have made a very conscious effort to complete avoid testing any location that had a high probability of finding PCBs. Nothing in the electrical system was checked, for example.

P 218-229 – Correspondence among GSA officials related to PCBs on board STORIS following an inquiry from Polly Parks, an official with European Metals Recycling. Ms Parks’ correspondence to the government agencies expresses concern and skepticism about the legality of the STORIS export and the ship’s status as free of regulated PCBs. GSA. Tonya Dillard of GSA blows off the significance of Ms Parks’ inquiry, stating that she is not a federal official. However, Ms. Parks was dead-on correct in her assessment of the situation after having read a newspaper story in Stars and Stripes about STORIS’ export to Mexico for scrapping. Again, the government falls back on flawed PCB sampling documentation.

P230- Correspondence between GSA and EPA Region IX regarding STORIS being placed under arrest by Mexican authorities related to reported radiation exposure. Again, this was blamed on me, though it was completely untrue: “It is suspected that Mr. Ottman and his team have reported to the Mexican authority that the vessel contains radioactive material.” I did notify the Mexican government about likely PCB contamination but I am not responsible for the radioactivity claims. If I wanted to be taken seriously, why would I lie about radiation contamination? The Mexican government supposedly tested STORIS for PCBs after the radiation issue, but they told a bilingual reporter from the Associated Press that nothing as found. If that was the case, then why did Mexican authorities tell the reporter that the ship’s electrical system was sent back to the U.S. for recycling? Mexico has no facilities to handle PCB remediation. Why would some of the most valuable metal on the ship be sent back to the US if there was nothing wrong with it? That doesn’t even cover the PCB-impregnated materials like original paints deep under subsequent layers that would have released toxic substances when hit with a torch…

P231-240 – Additional discussion related to the correspondence from Ms Parks from EMR. Tonya Dillard tells Jeff Beach that he should not comply with the request from Ms Parks for documentation that proves STORIS is free of PCBs. “Polly Parks does not represent a federal agency. I would not adhere to request unless you receive consent from your legal counsel. Please do not think I am trying to tell you what to do just trying to offer a little advice,” she said. About that Obama Administration transparency… From prior email releases, we know that Beach did send the email but tried to electronically recall it before Ms Parks was able to open it (see P 255). His efforts were unsuccessful and the information was successfully obtained.

P241-255 – More discussion about the radioactivity between EPA and GSA

P255 – Email recall notification from Jeff Beach of CG as he tried to pull back his message to Ms Parks of EMR, all as copied to GSA

P 256-259 – Departure report request from MARAD.

P 260-265  – Request for assistance with STORIS following the report of radioactivity on board the ship.

P 266-288  – Going back, acknowledgement of the bid deposit from STORIS Museum and associated discussion involving Mark Begich’s office after the auction. The correspondence shows once again the deceptive answers that GSA even gives representatives of Congress. They can’t give a straight, honest answer about what they are doing with STORIS and their intentions if their lives depended on it. Subterfuge is the MO. And again, GSA knew right away STORIS was destined for scrapping despite all the sources we consulted with stating that it was going to be cost-prohibitive to do that stateside (within the law) and that there was no way she could be exported to Ensenada. Additional discussion involves the process and rationale for selling the ship at below reserve price.

P 289-320 – Continuation of the discussion above, bringing in a newspaper story “blasting GSA” for the sale of the ship. “The problem is the guy did not have credentials to become or be deemed a museum entity so after storing the shop for several years in anticipation of the guy becoming eligible for museum status, the Coast Guard asked GSA to dispose of the property.” No, the problem is that GSA lied to Jim Loback (AKA “That guy”) about helping us to get STORIS. Jim had a decorated 21-year military career in the Coast Guard, Air Force and Army that included a Bronze Star. He worked tirelessly for over seven years to save STORIS for preservation and interpretation. GSA said they’d help us, that we had a 99 percent chance of getting the ship. Heather Bischoff said we may have to pay a modest cost (the museum that got the CGC ACACIA [WLB-406] here in Michigan paid $5,000 for her) but she said GSA wanted us to get STORIS. Instead, they fell back on that seven-year-old Section 106 MOA and kicked us to the curb. GSA also refused to acknowledge that we couldn’t be a full-time museum without the ship as the main facility to house the organization. Again, they said they would work out a waiver, but fell back on the Section 106 MOA. Arrogant, ignorant, disrespectful and incompetent don’t even begin to sum up the GSA bureaucracy.

P320-327 – Press inquiry related to STORIS. This was the newspaper story related to California Ships to Reefs, the group interested in securing STORIS, PLANETREE and IRIS for reefing near Santa Catalina Island. More recycling of previous correspondence. Again, this whole series of releases is wasteful in the amount of extra white space and repetitive information. Keep in mind that this is the FOIA that GSA wanted to charge me over $10K to fulfill.

P 328-339 – GSA bringing up the radio interview between Jay Barrett of KMXT radio and me on the morning we were scrambling to try to stop the export of the ship. That interview is here: http://www.kmxt.org/index.php?option=com_content&task=view&id=5170&Itemid=2
Then the correspondence returns to more evolutions of earlier repetitive discussion.

P340-334 – Discussion between CG and MARAD regarding paperwork and receipts to authorize release of the ship to Mark Jurisich, dated Oct 23, two days before she was towed out to head to Mexico.

P345-346 – Discussion re deadlines to remove the ship from the SBRF before CG incurs additional storage costs. This was impacted by the government shutdown orchestrated by Congress that fall that prevented the ship from being moved at the beginning of the month. While the shutdown stopped the ship from being moved, it also kept us from getting any official help with the ship as any government authorities we could appeal to were not working.

P347-351 – Tersely worded email from Jeff Beach dated 9/27/13 disagreeing with GSA officials that the failure to move STORIS from the SBRF was because the move was beyond the control of the buyer. Beach points out that he believes the delay was caused by the buyer holding the ship at the SBRF to avoid the costs of moving the ship to a commercial berth. Beach is concerned as the Oct 1 fiscal year cutoff is looming and the potential costs to the CG were appx $70K if the ship was not moved. As it was, she stayed in the SBRF for almost an entire additional month and there has never been any revelation as to whether or not the CG or any other party had to pay for that extra storage time.  The email he is responding to is P 348-49. Beach requests in his email of Sep 25 that the sale be voided and control of STORIS returned to USCG.

P 352-353 – Correspondence between USCG and US State Department to certify that the STORIS is decommissioned and has been removed from service. This is supporting documentation to go along with the export license associated with a demilitarized vessel.

P 354-355 – Correspondence between MARAD and USCG re storage fees if the ship isn’t moved by Oct 1. This is mirrored in earlier documentation.

P 356-361 – More discussion about legalities related to the State Department export license process, as discussed above.

P 362- 363 – Vessel documentation question to allow the ship to be transferred and re-registered

P 364-370 – Question from Jeff Beach to GSA asking how to handle inquiries from CG Vets regarding who bought the STORIS. Heather Bischoff tells Beach that he shouldn’t tell anyone who bought the ship, that interested parties should file a FOIA with GSA. Again, so much for government transparency in the enlightened Obama Nation.

P 371-372 – A report indicates that oil is found on board the ship, an estimated 100 gallons (obviously they didn’t check the ESDG tank as that alone had a hundred gallons in it according to layup instructions). This necessitates a COFR.

P 373-374 – Discussion among GSA staff about the official definition of a museum group. STORIS Museum didn’t meet the qualifications to be called a museum. GSA officials couldn’t seem to wrap their heads around the concept that we needed the ship to open a museum as the ship herself was to be the facility. At one point, they seemed to accede to that point and insisted they would work with us…that is until they found the Section 106 MOA. Then everything was off.

P 375-383 – A very important exchange between Beach at CG and the dim bulbs at GSA. The discussion revolves around hull cleaning requirements if the ship is to be moved from the SBRF and restrictions for foreign scrapping. The discussion indicates that there were no clear answers on the hull cleaning and no restrictions on foreign scrapping. The foreign scrapping issue was patently false. There are federal laws on the books that should have prevented STORIS from being allowed to go to Ensenada for breaking (again, §3502 of the Duncan Hunter NDAA of 2009). The discussion once again brings up the seriously flawed documentation created by the flawed testing for haz-mat on board STORIS (as well as ACUSHNET, done at the same time following the same testing regimen). They claim there was no asbestos on board the ship (false) as well as no PCBs (also false, based on the age of the vessel and because of statements from her last crew that testified otherwise). GSA should never have been involved with STORIS as her tonnage of 1,710 exceeded the agency’s legal purview of 1,500 tons (40 USC 548).

P 385-386 – GSA posting of the Toledo Blade story discussing the fate of STORIS and the GSA’s action to sell her out from under us. http://www.toledoblade.com/local/2013/07/15/Storis-Museum-s-dream-in-peril.html

P 387-423 – Miscellaneous discussion between CG and GSA regarding COFR information and discussion about Jeff Beach releasing the name of the buyer. Here Heather Bischoff tells Jeff Beach not to release the name, to make whoever asks file a FOIA (with me specifically mentioned by name). Her statement “It is not a lengthy process,” is beyond asinine since here we are still sorting through FOIA information that I requested on Nov 4, 2013, over TWO FULL YEARS AGO…

P 424-425 – A very important document that shows that GSA did not unilaterally make the decision to sell STORIS for the $70,100. Tonya Dillard sends a message to Jeff Beach late on the night the auction closed asking if the CG would accept the below reserve bid. There is also some discussion about the sales description of ACUSHNET.

P 426-427 – Discussion about inspection dates on board the ship for the auction. The original dates extended past the auction close, so the dates were adjusted backward to accommodate the true auction period.

P 428-431 – GSA and CG sharing the post I put up on the old STORIS Museum Facebook page imploring people to not bid on the ship to help stave off potential competition in the bidding. This was in some other documentation released through FOIA. GSA and CG were scared that they were going to be stuck with the ship…

P 432-435 – Story about the ship going up for auction in the Seattle paper.

P 436-438 – More emails regarding the STORIS Museum FB post asking bidders to stay away.

P 439-444 – Discussion between GSA and CG about the auction and GSA turning down an expressed interest in claiming STORIS by a Naval Sea Cadet representative (affiliated with our efforts through The Last Patrol group in Toledo). GSA was not going to help us in any way, shape or form. Their position is patently false as Sea Cadet groups have claimed surplus Coast Guard property many times in the past.

P 445- 454 – More discussion about the auction particulars and the Naval Sea Cadet group’s expression of interest in the ship. This goes along with the two-year transfer period that GSA originally said it would take us to claim the ship, as told to Jim Loback of the STORIS Museum. That was obviously a lie from GSA. Jim had been told that the nonprofit claim period would be run after the federal and state period. Instead it was run concurrently with the state period.

P 455-468 – Miscellaneous discussion about auctioning off some excess 55-foot CG boats, with STORIS added as an afterthought. Apparently the CG and GSA people are easily confused when a computer refuses to cooperate with what they want in terms of data entry when listing a property for sale. In this exchange, Heather Bischoff makes off-hand comments about “officially” involving historic preservation officials from the GSA and CG. As already discussed, the validity of following a seven-year-old agreement is in question, especially with the change of circumstances with STORIS officially listed on the National Register of Historic Places. Bischoff even acknowledges the risk to the ship if she leaves federal ownership. Section 110 of the National Historic Preservation Act – the very same law that gave GSA the out for Section 106 – strongly encourages the preservation of nationally significant historic properties, especially if being transferred from federal ownership to private. There is also the matter of a former government ship being allowed to go to a foreign yard for breaking. But like any good government bureaucrat, they just cherry picked what they wanted to follow.

There will most certainly an appeal filed to follow up with this release.





Tuesday, October 20, 2015

STORIS Documentary to be featured at Anchorage Int'l Film Festival in December


STORIS: The Galloping Ghost of the Alaskan Coast YouTube trailer
Click above

Very pleased to announce that "STORIS: The Galloping Ghost of the Alaskan Coast" has been accepted for the Anchorage International Film Festival set for Dec. 4-13.

This is an outstanding acknowledgement of the hard work invested in this project by Damon Stuebner and Rebecca Smith. The documentary is superb, as I have seen an advance copy and I know STORIS supporters will really enjoy it. Unfortunately, there is no ship left to honor in person, but with the memories of the crew and great works like the documentary, the legend of STORIS will live on.

It's my understanding when last I spoke with Damon that production of DVD copies for limited distribution was coming soon. I'm sure Rebecca can chime in with details on that as they become more concrete.

Bravo Zulu to Damon and Rebecca...

To read about the film festival, visit this link: http://anchoragefilmfestival.org/2015/

The documentary is listed under the "Made in Alaska" category:
http://anchoragefilmfestival.org/2015/festival-selections/

Wednesday, October 14, 2015

US Coast Guard releases Final FOIA Appeal on Aug 31




Here is the Coast Guard response to my FOIA Appeal. The response is dated August 31, 2015. This and other several projects have taken time to work through.  It’s important to note that the original FOIA was submitted on Nov. 4, 2013, just after STORIS was exported illegally to Mexico for scrapping. My appeal was submitted on June 28, 2014. It was only after repeated inquiries all the way up to Commandant Paul Zukunft’s office that the CG finally responded.

The CG’s official position is that they are sticking by the redactions of names for officials and officers associated with the disposal of STORIS. Despite my assertion that these are public employees and public officials who are being scrutinized for their role in the disposal of the ship (which has proven to be illegal on many levels), the Coast Guard maintains that releasing their names may lead to “unwanted invasions of privacy” from journalists and lawyers, so therefore the names are being withheld. This, despite some names being released in the original documentation up to the rank of RADM. It’s possible that some of these people have retired, but the redaction seems inconsistent across the documentation. This argument is flimsy as I was asking for names, not addresses, phone numbers or other specific personal information. Just names. Again, the process with STORIS was ILLEGAL. People VIOLATED FEDERAL LAW.

The Coast Guard is also maintaining that the Office of Cutter Forces conducted a thorough search of records for STORIS and found nothing, so the CG legal staff is maintaining there is “nothing to see here.” Again, going back to my appeal this is a completely disingenuous response.

I have been told by more than one CG officer familiar with cutter records – and I have no reason to doubt them – that the USCG, as a matter of routine standard operating procedure, purges records from the library at the Office of Cutter Forces when a cutter is decommissioned. When I made the request for records related to STORIS, the ship had been out of service for almost seven full years. If the records related to decommissioned cutters are removed from that location as a matter of SOP, why would the CG go looking for records there and then claim they found nothing? That’s like having your neighbor come to your front door to borrow a cup of flour, then you check your bedroom and return to the door to say with a straight face, “Sorry, I don’t have any flour.” You know you don’t keep flour in your bedroom but you do know where it’s kept in your house. So the Coast Guard knows where those records went – whether into an off-site archive somewhere else or they were discarded/destroyed as a matter of procedure but they instead want to stick to the story that there was nothing at Cutter Forces and therefore, no records to share. These records would have included maintenance records, Damage Control records, and other important documentation such as hazardous materials identification manifests and remediation reports. The only trace I can find of off-site documentation is for the ship’s drawings at the National Archives in College Park, MD. I would think with various litigation that goes on with veterans and exposure to various carcinogens and hazardous working environments that destruction of such records seems questionable. I’ve also heard from more than one CG veteran that cutter records are compiled and stored in other locations. And with STORIS, there would be no reason to destroy her records, as following her decommissioning, all the deck and engineering logs would have been compiled and sent off for review before being archived.

This release does include several pages of documents that had been withheld from FOIA releases from other agencies, particularly the Maritime Administration. Some are fully released, others partially redacted.

The Coast Guard maintains that it performed a thorough search for records and therefore, has fulfilled its obligation under FOIA. I disagree. Other FOIA releases from agencies like GSA and MARAD include correspondence with Coast Guard officials and CG documents for the ship. These correspondence streams and documents were not released to me by the CG, so therefore the search from the CG perspective is NOT complete as they failed to release that information.

As one example, I have a copy of an email that discusses STORIS and her sale that involves Commandant Papp and several high-ranking flag officers including current Commandant Zukunft. I did not receive that from the Coast Guard, either. The last FOIA release from GSA also contained correspondence between GSA and Jeff Beach of the Coast Guard immediately following the GSA auction asking if the CG would take the bid of $70,100 for STORIS as an acceptable bid. That was a new twist as it has always been assumed that GSA officials made the unilateral decision on their own to sell the ship for the below-reserve bid. Now we find out that the Coast Guard and Jeff Beach had a say in that decision, yet there is nothing in any of the released correspondence from USCG that discusses that involvement.

At this point, the CG considers this matter closed, referring any further correspondence or action to the Office of Government Information Services (OGIS) as a FOIA mediator through the National Archives. OGIS is toothless and cannot compel release of records, so that has no weight. I have kept the agency informed of the ongoing struggles with not only USCG, but MARAD, GSA and EPA, as well. I have received tepid responses from OGIS about their limitations. The only other recourse is to file a federal lawsuit to compel release of the records. This is not over, as I am currently weighing options and deciding in which direction to move.

Overall, this has been a very disappointing exchange with the Coast Guard hierarchy. While many, many Coast Guard veterans have been overwhelmingly positive and a pleasure to deal with, the higher ranking officers and legal counsel with their CYA maneuvering have tarnished the level of respect for the service. STORIS deserved better and so did the men and women who served on her with Honor, Respect and Devotion to Duty.

The cover letter (originally pg 1 to 3 of the release) is here: https://goo.gl/hwhsdn

While the CG FOIA officials were liberal in their redaction, I did notice in a couple places that personal information for members of the public was left intact. In order to protect their privacy, I have had to go in and redact that myself, which has left the document chopped up into segments.

Part 2 of the document is here: https://goo.gl/rKofuw

A summary of the Part 2 of the document (the pages are off by 3 from the original document, i.e. pg 1 is pg 4 of the original):

P 1 – The wholly inadequate cover letter used by the Coast Guard to claim that CGC STORIS was free of PCBs. The simplistic letter essentially admits that there are encapsulated PCBs aboard the ship. This document was the basis for GSA and EPA also claiming that the ship was completely free of ALL PCBs, even though EPA inspectors could have physically looked at the ship and determined that there was a significant quantity of highly suspect materials still on board that clearly had a high probability of containing PCBs.

P 2 – Discussion of storage fees for STORIS at the Suisun Bay Reserve Fleet

P 3- Correspondence regarding 12 linear feet of technical manuals that were removed from the ship. These memos start arrangements to return that documentation to the ship where it likely ended up in a Mexican trash bin.

P 4 – More discussion about STORIS, IRIS and PLANETREE at the SBRF

P 5 - Draft load line exemption discussion prior to the ship’s export

P6- Discussion re moving the ship from SBRF

P 7-10 Request to visit STORIS and the 180s to verify numbers and check their status

P 11 – Discussion between MARAD and CG related to the ship’s nomination to the National Register of Historic Places in 2012 and an inquiry from Jim Loback of the STORIS Museum.

P 12-21 – Discussion regarding the storage and disposal of retired cutters, including the possibility of storing the decommissioned 378 CGC CHASE (WHEC-718) if the deal to transfer her to Nigeria fell through.

P 22-23 Notification from CG to MARAD that STORIS has been sold and the desire to transfer title of IRIS and PLANETREE to MARAD to allow for their bundling into a scrap offer.

P 24 – Arrangements made to move the DC manuals back aboard STORIS

P 25-33 – Correspondence between a contractor and Jeff Beach of CG from 2011 regarding a parts search aboard PLANETREE and IRIS for an oil filter housing to replace a damaged unit on GALLATIN. The contractors inadvertently boarded STORIS which, at that time, was protected as a vessel on museum hold status.

P 34 – More discussion about STORIS on hold, IRIS and PLANETREE hopefully for scrap, possibility of other cutters such as 378s or POLAR SEA going into reserve fleet

P 35-38 – More discussion about visiting STORIS to verify serial numbers on her small boats

P 39-41 – Discussion re the STORIS Museum acquiring the ship. The route of securing the ship through a state agency as federal surplus was never adequately explained to STORIS Museum officials, as confusion ultimately arose when the state and nonprofit claim periods were run together by GSA and GSA officials would make no exceptions or offer any further assistance to STORIS Museum once they found the MOA under Section 106 of the National Historic Preservation Act of 1966 that allowed the ship to be destroyed as long as she had a written history and photographic documentation performed through the Historic American Engineering Record.

The second segment of the release: https://goo.gl/8PVvMw

P 1 – Discussion about a visit to STORIS by former STORIS vets

The third segment of the release (the page numbers revert back to the original numbering): https://goo.gl/OhBsr4

P 46-47 – Visit to STORIS and the 180s to check boats

P 48-50 – Discussion among GSA, MARAD and CG (Beach) regarding removal of STORIS from the SBRF. Joe Pecoraro of MARAD states the ship cannot be moved by the July deadline set by GSA as MARAD’s schedule will not permit and the mooring arrangements for all ships in that row need to be adjusted to allow her removal.  

P 51-52 – Discussion of visit to STORIS and possible availability of a 41-foot UTB

P 52- Arrangements for visit to STORIS by Jim Loback of the STORIS Museum and Damon Stuebner and Rebecca Smith for documentary production.

P53-58 – More correspondence re visit to STORIS to check small boat serial numbers

P59- Discussion about the presence of oil in STORIS’ bilge, removal of the oil and the applicability/necessity for a Certificate of Financial Responsibility for oil pollution insurance. Also discussion about the necessity under California law to have a hull cleaning every five years. STORIS’ hull was last cleaned before she went into the SBRF in 2007. She was directly removed from the SBRF and moved to Mexico with no bottom cleaning after sitting in the moorings for over six years.

P60-61- Information sheets from the California Marine Invasive Species program, as attachments to the discussion on P 59.

P62- Request from Jeff Beach dated 11-30-2011 of CG to board and inspect PLANETREE, IRIS and STORIS for a material condition check. He asked to be accompanied by representatives of Allied Defense Recycling, the firm that ultimately became Mare Island Ship Yard (now Mare Island Ship Repair), then the only government-approved ship recycler on the West Coast.

Thursday, August 27, 2015

Op-Ed: Environmental rules don't apply to federal government



Maritime Executive magazine has published an op-ed column about STORIS and the associated haz-mat issues including the breach of several federal laws. 

It can be found here: http://maritime-executive.com/editorials/environmental-rules-dont-apply-to-the-federal-government

Wednesday, August 26, 2015

Sixth GSA FOIA release shows damning failure of CG, GSA handling of STORIS and her haz-mat status




A lot to read, but a very important post. This one will hopefully come to bite the government hard.

On August 20, the GSA released the sixth in its series of rolling releases in response to my Nov. 4, 2013 Freedom of Information Act request related to its handling of STORIS.

This particular release relates to GSA, STORIS and the handling/acknowledgement of hazardous materials on board the ship.

According to Federal Law, the GSA is restricted in transferring/selling government property that is contaminated with hazardous materials, including asbestos, lead-based paint and especially polychlorinated biphenyls (PCBs). All of these materials were known to be on STORIS, even as she was being sold and as she was being exported. Federal law prohibiting/regulating GSA transfer/sale of contaminated material 41 CFR 101- 42:  http://goo.gl/ggSV30

This batch of paperwork is damning in many ways, as it reveals serious deficiencies within the Coast Guard’s handling of decommissioned ships, the GSA’s processes in disposing of these vessels and the inadequacies of EPA enforcement and application of its own laws, protocols and regulatory procedures. Then you have the U.S. Maritime Administration sitting back and letting this all happen, when that agency should have known (and likely was fully aware) of the related problems associated with STORIS’ excessing, sale and export. MARAD should have been the lead agency for STORIS’ disposal according to 40 USC 548, which mandates that MARAD dispose of ships of 1,500 tons gross displacement or greater. STORIS’ tonnage was 1,710.

We -- the STORIS Working Group partnership of the STORIS Museum and The Last Patrol -- tried to warn the EPA that the ship was being exported with PCBs, but they fell back on simplistic, flawed paperwork that the CG created with the ship’s decommissioning. EPA never inspected the ship and allowed the export to proceed.

Remember, this is the FOIA request that GSA wanted to charge me $10,266 to fulfill. Again, we are presented with multiple pages of repeated materials with huge spaces in between paragraphs. GSA retreated from its fee assessment because a similar request was submitted by Danielle Ivory of the New York Times.

There is one more release that should be coming from GSA.

The cover letter for the Aug. 20 release is here: https://goo.gl/LcQRGW

The documentation is here: https://goo.gl/cwqn4y

Here is a summary of this release:

P 1-158 – The Environmental Assessment performed simultaneously for ACUSHNET (WMEC-167) and STORIS and signed in December 2006. We already have this from several sources, including a completely clean, publicly available version already posted online by the U.S. Coast Guard. With this copy though, GSA spent a lot of time redacting it to release it to me, including the redaction of signatures throughout the document. Seems like a waste of time and “busy work” to justify creating an expense.

This EA clearly states that PCB content on STORIS is problematic:

“As stated above, the GSA would not accept property that has been contaminated with
unacceptable levels of hazardous materials. The USCGC STORIS (WMEC-38) is contaminated with unacceptable levels of PCBs (see Appendix E). For the proposed action, it is assumed that the USCGC STORIS (WMEC-38) would be limited to transfer to another federal agency or to a foreign country. (PP. 2-3/2-4)”

The EA also outlines procedures for donating the ship to nonprofit museums, which the U.S. Coast Guard and GSA did not pursue with any sincerity or ethical integrity under 14 USC 641(a) and 41 CFR 102-36.150.

Critical in this document and discussed in earlier posts is Appendix “D,” which is the MOA between the U.S. Coast Guard and Alaska State Historic Preservation Office that ultimately allowed the destruction of the ship.

For the purposes of this discussion, Appendix “E” is the faulty environmental paperwork for STORIS that shows that the Coast Guard’s sampling methods for environmental hazards was seriously flawed. This sampling, as has already been pointed out by the ship’s last BMC, Greg Papineau, was a deliberate series of conscientious samples designed to avoid testing any sites that would have contained regulated amounts of PCBs, especially paint and electrical cabling/components. EM2 Yoshua Eli from the last crew has also verified the presence of a large quantity of undocumented cabling on board the ship that was abandoned in place. The only electrical cable sampled on the ship, as pointed out later in this release, was the main motor power cable which was added to the ship well after the 1979 PCB ban. I’ve recently spoken with another member of the ship’s last crew, a DC, who was very familiar with the ship and he indicated a willingness to sit down and write out what he knows about undocumented haz-mat left behind on the ship.

The revelation that the USCG seriously mishandled the PCB testing on STORIS raises grave questions, not only with STORIS, but also with ACUSHNET, which was sampled at the same time, creating uncertainty about the integrity of those test results. The heavy icebreaker USCGC MACKINAW (WAGB-83) was sampled in December 2005 and her EA documentation mirrors that of ACUSHNET and STORIS. She is currently a museum in Mackinaw City, MI. One could logically conclude that she, too, is loaded with latent hazardous materials that the CG consciously overlooked in the interests of disposal. Then there were the 180-foot Seagoing Buoy Tenders decommissioned during the same timeframe such as BRAMBLE (WLB-392) in 2003, now a private yacht/museum in Port Huron, MI; SUNDEW (WLB-404) in 2004, now a private yacht in Duluth, MN; and ACACIA (WLB-406) in 2006, now a nonprofit museum in Manistee, MI. IRONWOOD (WLB-297) is serving in Astoria, OR, as a training ship. I’ve been told by a retired CWO4 ENG who served on 180s that they were “asbestos and PCB nightmares.” PLANETREE (WLB-307) and IRIS (WLB-395) are still in the Suisun Bay Reserve Fleet, both considered too toxic with PCBs and asbestos for the government to sell. Both are covered by a disposal agreement between MARAD and USCG for some type of future dismantling.

The encapsulated asbestos, lead-paint and especially the PCBs on STORIS would have been safe if left encapsulated and undisturbed as long as the museum had an EPA waiver of the Toxic Substances Control Act of 1976. Groups who maintain U.S. Navy ships as museums routinely agree to such waivers, which are mandatory through the U.S. Navy NAVSEA program. Scrapping STORIS in Mexico (as allowed to happen in 2013 by the US government approving the illegal export in violation of the TSCA PCB export ban as well as §3502 of Duncan Hunter NDAA of 2009) exposed all those encapsulated materials on board STORIS in an unapproved environment not up to U.S. remediation standards. If these other cutters still in the US contain toxins, the groups who own these vessels would be oblivious to what they have because there is no paperwork to go with them outlining the hazards like the U.S. Navy/EPA TSCA waivers for naval vessels.

To read more about PCBs on older vessels, visit this link: http://goo.gl/GogDze

Watch this video, ironically narrated by Chris Rollins of EPA, the very inspector I tried to tip off about PCBs on STORIS: http://www.epa.gov/region9/pcbs/pcb-ship/
 
P 159- Press inquiry from Jessica York of the Vallejo Times Herald re: export of ships with PCBs.

P 160- response from Heather Bischoff of GSA stating that STORIS’ CG paperwork said ship was PCB-free.

P162-166 - Discussion between GSA and Jeff Beach of the CG surplus cutter office re: haz-mat documentation. GSA did not provide STORIS buyer Mark Jurisich with haz-mat documentation. This is a major reveal. The government, specifically GSA, as a matter of practice, only provides buyer purchase agreements and receipts. They do not provide haz-mat surveys for ships that are sold through the government, only claiming that the purchases are as-is and not warranteed. From Heather Bischoff of GSA: “We never provide the successful bidder a copy of the Hazmat Documentation.” This is outrageous.

Asbestos and lead paint do not factor into the export issues associated with STORIS, only the PCBs. However the law dictates that GSA has to disclose known haz-mat contamination. If they conceal information and a buyer purchases a property on an “as-is” basis, the purchase may be found to be invalid later with the discovery of haz-mat. While it is too late for STORIS, this raises interesting questions about the validity of the ACUSHNET sale in March 2011. As you recall, she was sold to a man who is currently in federal custody facing several wire fraud charges for swindling an elderly widow of over $1 million to buy ACUSHNET. GSA shouldn’t have sold ACUSHNET because her tonnage exceeded that which GSA is allowed to handle (40 USC 548). But if ACUSHNET is dirty, she should never have been sold at all. ACUSHNET is currently for sale for $250K. Perhaps the sale should be voided, the government take back ACUSHNET and refund the widow the $601K the accused swindler used to buy the ship… That $601K is more than $250K and maybe then ACUSHNET could be properly excessed to a museum group for preservation as should have happened all along.

P 167- Discussion of release of haz-mat documentation from the Coast Guard, with release to Polly Parks of EMR (European Metals Recycling) who then “released it to her ‘network’ i.e. Mr. Ottman.” (I actually received the information as pass-through from Jim Loback of the STORIS Museum, who had received it as a tip from a journalist seeking comment on this paperwork. It was that point, the night after STORIS departed Suisun Bay, that I got moving to see what could be done to possibly save the ship en route to Mexico.)

P 168-69 – Rehash of previous communication. All of this documentation seems to reflect ignorance or blind incompetence within the GSA and Coast Guard, as no one acknowledges §3502 of the Duncan Hunter National Defense Authorization Act, which prohibits the scrapping of former US Government vessels in foreign scrapyards. The issues with PCB exports and the proper protocol that should have had officials assuming that STORIS contained PCBs by virtue of her age and the sparse paperwork also should have raised red flags, but did not.

P 170 – CG provided load line exemption and MARAD departure report

P 171-174 – Correspondence between Jeff Beach of CG and Joe Pecoraro, supervisor of MARAD’s SBRF, regarding MARAD departure report and difficulties in sending it via email because of the large size of the associated departure photos.

P 174 - Correspondence between Jeff Beach of CG and Chris Rollins of EPA Region IX in San Francisco. Rollins was the inspector I spoke with the week that STORIS was being prepared for export. I raised concerns about PCBs on board and Rollins responded that he had paperwork that said STORIS was clean of PCBs. The message was cc’d to Bill Noggle of EPA in Washington, DC, re: the issue of PCBs on board the ship that were raised by Polly Parks of EMR and me through the STORIS Working Group.

P 175-186 – Correspondence with Polly Parks between Rollins, Noggle and Bischoff. This was an expression of concern from Ms. Parks after reading about the export of STORIS to Mexico in Stars and Stripes. Ms. Parks, as a ship recycling official, recognized the certainty that the STORIS export was illegal.

P 176 – Correspondence indicating that the Mexican gov’t was holding STORIS because of radioactivity report believed to be from Mr. Ottman and his team (which was not true. I was pressing on the PCB issue. Why would I knowingly lie about radioactivity on board the ship and damage my credibility regarding the PCB concerns?)

P 187 – Back to the message stream from Ms. Parks of EMR

P 192 – A very interesting exchange… Heather Bischoff of GSA tells Jeff Beach via email that Polly Parks is not affiliated with a federal agency, so he should not respond to her request for documentation related to STORIS unless CG counsel approves. See P 211…

P 197- Chris Rollins of EPA Region IX in San Francisco checking with GSA re: radioactivity and status of ship in Mexico.

P 198- 210 – More discussion between EPA, GSA among Polly Parks correspondence

P 211- Very interesting, indeed. Eleven minutes after Heather Bischoff told Jeff Beach not to send information to Ms. Parks, Jeff Beach tried to initiate an electronic email recall as he had already emailed the information requested by Ms. Parks. The attempt was unsuccessful as the email had already been delivered and downloaded. This is another blatant attempt by the federal government to keep information from being released to parties with a vested interest in STORIS. In the last release from GSA, Heather Bischoff worked to withhold buyer information from me, deliberately telling GSA and Coast Guard not to tell me who the buyer was. Here, she is attempting to keep information related to STORIS from going to someone from the public who obviously knew and cared more about potentially hazardous materials and federal laws regulating those materials than the government officials directly handling the ship’s disposal.

P 212-215 – GSA Bischoff to Jeff Beach, asking if CG got MARAD departure report.

P-216-221 – Urgent request from STORIS buyer Mark Jurisich as Mexican government has arrested STORIS on report of radioactivity, presumed to be from Mr. Ottman report. (Again, it wasn’t me. We’ve heard from a couple of STORIS vets who have indicated that they contacted the Mexican government to report issues, so it may have been those reports that triggered the Mexican response.)

P 222- Correspondence from Jeff Beach CG to Bischoff and Tonya Dillard of GSA with questions from Jurisich about movement of STORIS. 1. Does bottom need cleaning if moved to a foreign country? 2. Restrictions about moving ship out of country for scrapping? Beach and GSA claim STORIS was a private ship, so no restriction except for PCB export, where the CG and GSA insist the ship is free. (Again, no reference to § 3502 of the Duncan Hunter NDAA. Also, if the State Department had to be involved with allowing ship to be exported as a former military vessel as other released documentation shows, it would seem that her status as a “private ship” to do with what Jurisich wanted would be in serious question. It seems as though the government officials go back and forth with their descriptions of STORIS and her status to fit their agenda at the moment. Clearly STORIS was considered a former US Government vessel, and a military vessel, at that, if the State Department had to be involved with paperwork through the International Trade in Arms [ITAR] Regulations.)

P 223- Bischoff responds to PCB issue by stating that all haz-mat had to be removed from the vessel. We know now that this is clearly not the case, that STORIS was undoubtedly contaminated by testament from former members of her crew, by virtue of her construction date and very nature of what she was.

P224-225- Statement from Beach “The Coast Guard stated that the vessel was free of PCB material based on a memo from the Coast Guard Health and Safety Office dated 1/14/2007. An initial memo from 15 November 2000 reporting results of a HAZMAT survey on STORIS reported the presence of PCB material and lead paint and the absence of asbestos. The only HAZMAT known to be on board is lead paint. The lack of PCB material and lack of asbestos material qualified the cutter for DOMESTIC disposal.” (my emphasis) We know now that this documentation was seriously flawed, as the January 2007 document was a simple cover letter for the 2000 report that stated the ship was free of PCBs based on removal of 20 linear feet of black foam. This cover sheet, however, concedes that there was still encapsulated PCBs on board the ship, based on its language in relation with the probable expectation that the ship would remain in a domestic setting. The 2000 report was flawed in that it was deliberate in its sampling and skipped random locations throughout the ship that would likely have contained PCBs. There was also no PCB sampling as related to paints, where they would have been used as flame retardants. Again, referring back to the EA, the EPA PCB video and the Rand PCB document, all these resources should help validate the concerns with the presence of PCBs on STORIS. It’s interesting that Beach refers to domestic disposal when STORIS ended up in Mexico in an ultimate violation of federal law.

P 226-230 – Continuation of discussion regarding PCBs and questions related to movement of ship.

P 230-231 – General description of STORIS.

P 232- Haz-mat statement for IRIS and PLANETREE plus STORIS designated as PCB-free.

P 233-247- PowerPoint presentation that shows the miraculous removal of 20 feet of foam covering that was identified in the EA as containing regulated amounts of PCBs. Removing this foam through a January 2007 project miraculously made STORIS totally free of PCBs in the eyes of the Coast Guard. According to ship recycling expert with extensive knowledge in the recycling of WWII-era ships, the legal guidelines for PCB sampling protocol would require total removal of all black foam onboard and re-sampling of all suspect materials again following removal. The USCG just removed the foam from pipe that was sampled. This is expressly prohibited by EPA protocol.

P248-250 – The main motor cable PCB test for STORIS referenced above. This cable was installed well after the 1979 PCB ban and obviously would have had no PCB contamination by the very nature of its manufacture date.

As the other posts demonstrate, the destruction of STORIS was not the sole responsibility and fault of one federal agency or individual, but a concert of flippant arrogance and incompetence spanning at least four federal agencies, the US Coast Guard, GSA, MARAD and EPA. Ignorance of the law should not be a defense for the bureaucrats responsible for this situation. They should have known better. And just because they could expedite the excessing and disposal of the ship through a sale, ethically and morally they could have continued to work with the STORIS Working Group to save the ship. These bureaucrats knew the ship was listed on the National Register of Historic Places, yet they did nothing to help save the ship and did not follow the legal options available as outlined in the EA. This document even states the U.S. Coast Guard had the option to designate the ship for donation and did not do so.

This is why we need the STORIS Act legislation to pass, to get these details out in the open on the table through an official investigation by official representatives and watchdogs from within the government. The agencies and people responsible for this situation need to be called onto the carpet and made to answer for their actions. The FOIA’d documents show that these federal agencies and bureaucrats broke the law and there should be consequences.

Tuesday, August 4, 2015

A response to MARAD's position on Maritime Grant Funding

A response to the Aug. 3 op-ed column written by MARAD Administrator Chip Jaenichen. 

Our efforts to secure documentation from MARAD are acknowledged.

http://www.americanshipper.com/Main/News/Oped_The_real_facts_about_Maritime_Heritage_Grants_61078.aspx?source=Big6

Monday, August 3, 2015

MARAD responds to issues related to STORIS Act...sort of


MARAD Chief Administrator Chip Jaenichen responds...sort of.

An op-ed piece in American Shipper popped up today in defense of MARAD's practices with the Maritime Heritage Grant funding that is one of the  centerpieces of the STORIS Act legislation. Apparently MARAD thinks it's a bank, to sit on funding designated for maritime heritage sites.

And not one word related to what happened to STORIS and MARAD's complicity in that crime against history.

http://www.americanshipper.com/Main/ASD/Oped_A_fair_accounting_of_Maritime_Heritage_Grant_61061.aspx