Chicago Power Plants Refuse to Release Data on Pollution History
Sierra Club blasts Midwest Generation for keeping records secret, endangering public health
Chicago: The Sierra Club is taking Midwest Generation, the owner of the nine aging, dirty, Chicago-area power plants, to task for filing a lawsuit to block public access to its compliance records. The company's refusal to release data comes on the heels of the U.S. Environmental Protection Agency announcing that the greater Chicago region fails to meet the federal, health-based air quality standard for smog, an acid that sears lung tissues, and is particularly risky to seniors, young children, and asthmatics.
In February 2004, the Sierra Club filed an open records request with the Illinois Environmental Protection Agency (IEPA) requesting the agency to turn over all records it had received as part of the federal government&Mac226; investigation into clean air violations at the nine Chicago-area coal-burning power plants owned by Midwest Generation. On March 10, the State proposed to turn over most of the records, rejecting Midwest Generation's claims that its documents were trade secret. On April 19th, Midwest Generation filed a legal action with the Illinois Pollution Control Board to block release of the records and keep data on their pollution secret.
"What is Midwest Generation hiding?," asked Bruce Nilles, representative of the Sierra Club. "For twenty-eight years their dirty coal plants have spewed thousands of tons of smog-forming pollution into our skies. They have repeatedly refused to install modern pollution controls. If Midwest Generation has violated clean air laws, the public needs to know this, and the company needs to be held accountable."
According to the American Lung Association, there are 660,000 asthmatics in the six northeastern Illinois counties found to be violating the smog standard. Midwest Generation&Mac226;s power plants are the largest pollution sources in the Greater Chicago region, and pose a major risk to public health. A 2001 study by the Harvard School of Public Health determined that the fine particle pollution from the nine Midwest Generation power plants cause, every year, 21,500 asthma attacks and 315 premature deaths."
"While other power companies are moving forward to install modern pollution controls, it is a public health travesty that Midwest Generation has steadfastly refused to clean up its power plants," said Nilles.
Midwest Generation also emits hundreds of pounds of toxic mercury. Illinois power plants are the largest (and currently unregulated) source of the airborne mercury that has contaminated every single stream, river and lake (including Lake Michigan) in Illinois. Pregnant mothers who unknowingly eat mercury-contaminated fish put their unborn children at risk of rain damage and other neurological damage. EPA estimates that 630,000 children are born annually with levels of mercury in their bodies that presents a health risk.
Regional EPA investigators had been looking into allegations that Midwest Generation had illegally modified and/or extended the life of these dirty coal plants without installing modern pollution controls. This was part of a national investigation begun during the Clinton Administration after finding widespread violations at coal plants across America. In November 2003, the Bush Administration ordered regional staff to halt the investigation. To its credit, the regional staff still required Midwest Generation to turn over its records. However, because of the Bush Administration stop-work fiat, the boxes of records sit unopened. Sierra Club also has an open records request pending with the Bush Administration.
The Bush Administration&Mac226;s refusal to investigate and prosecute violations of so-called New Source Review violations and its other associated actions to weaken clean air protections has faced severe criticism and lawsuits. Illinois Attorney General Lisa Madigan and Governor Rod Blagojevich have joined twelve other states that have filed suit to block rollbacks of New Source Review protections. State officials argue that the New Source Review provisions are a vital tool to clean up Illinois&Mac226; air and should not be weakened. That litigation is ongoing.
Sierra Club seeks access to the records in order to determine the extent of any violations and to consider appropriate legal action should violations be uncovered. In addition to the State of Illinois prosecuting any newly-discovered violations, the clean air act also authorizes citizens to enforce clean air safeguards when federal regulators are unwilling to do so.
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