If the rule becomes final, emitting facilities could be fined if they have excess emissions during times currently under SSM protection.
“The startling disparity in treatment strongly suggests EPA’s actions are possibly part of a broader effort to collude with groups that share the agency’s political agenda and discriminate against states and conservative organizations,” wrote Republicans including Rep. Darrell Issa and Sens. David Vitter, Chuck Grassley and Jim Inhofe in a letter to the EPA.
“EPA is instead making environmental policy on its own and with special interest groups and then forcing the states to comply with these new policies. This is far from what Congress had in mind,” a conservative environmental lawyer close to the issue told The Daily Caller News Foundation.
In February, twelve states — Oklahoma, Alabama, Arizona, Georgia, Kansas, Michigan, Nebraska, North Dakota, South Carolina, Texas, Utah, Wyoming — requested records pertaining to settlements the EPA entered into with environmental groups over state Regional Haze implementation plans.
The agency denied their request, arguing that the states did not express specific intent to disseminate the information to the public. However, the states did mention in their FOIA request that the information would be disseminated to the public. The states appealed, and the EPA has twice asked for more time to review the appeal.
If the agency doesn’t grant Oklahoma and the other eleven states’ fee waiver request by May 31, the states will act to “compel EPA’s compliance with applicable law.”
Republican senators pressed President Obama’s EPA nominee Gina McCarthy on the issue in the wake of her hearings.
“EPA can only approve State implementation plans that are consistent with the Clean Air Act and our regulations. I am committed to working with States so that more of these plans can be approved and litigation can be avoided,” McCarthy responded to a question regarding states challenging the EPA’s actions on state Regional Haze plans.
The EPA did not respond to The Daily Caller News Foundation’s request for comment.
Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact [email protected]