13 States Say Failure to Include Documents For Power Plant Rules Violated Clean Air Act

摘要

The Environmental Protection Agency violated the Clean Air Act when it failed to include all of its supporting materials for proposed carbon dioxide emissions standards for existing and modified power plants in the docket at the time the rule was published, 13 states said in an Aug. 25 letter to the agency. The attorneys general for the states argue that the EPA needs to withdraw its proposed rules and repub-lish them with all of the supporting technical documents, including emissions modeling scenarios, according to the letter. The EPA's failure to include that information in the docket at the time it proposed the standards violated Section 307(d) of the Clean Air Act, which requires that all supporting information be included in the proposed rule's docket "on the date of publication of the proposed rule."