December 4, 2003
STATES AND DISTRICT OF COLUMBIA SUBMIT FOIA REQUEST FOR DOCUMENTS
ON CLEAN AIR ACT ROLLBACK
Six states and the District of Columbia today submitted Freedom
of Information Act requests to the Environmental Protection Agency
(EPA), the Department of Energy (DOE) and the White House Council
on Environmental Quality for documents relating to the recent rollback
of New Source Review (NSR) standards of the Clean Air Act.
Connecticut, Illinois, New Jersey, New York, Maryland, Wisconsin,
and Washington, D.C., made the requests.
Connecticut, 13 other states, the District of Columbia and numerous
municipalities sued EPA on October 27 to overturn the new NSR rule,
which would allow power plants and other heavy polluters to increase
harmful emissions without installing new anti-pollution devices.
Under the new rule, a large number of major facility modifications
that increase pollution would be classified as "routine maintenance," exempting
them from requirements to install pollution control equipment.
The FOIA requests seek documents not part of the public record
in the decision. Among the materials sought are all communications
on the new NSR rule between the agencies and a wide variety of
sources, including utilities, energy lobbyists and other government
The FOIA requests seek communications from: Vice President Cheney’s
Energy Task Force, The Edison Electric Institute, The Utility Air
Regulatory Group, The National Energy Policy Development Group,
The Electric Reliability Coordinating Council, First Energy Corporation,
Duke Energy Corporation, Southern Company, Cinergy Corporation,
American Electric Power Service Corporation, Dynegy Midwest Generation
Inc., Illinois Power Company and Hunton & Williams LLP.