May 11, 1999
Ms. Jeralene B. Green
National FOIA Officer
U.S. Environmental Protection Agency
Mail Code 1105
401 M St., S.W.
Washington D.C., 20460
Dear Ms. Green:
Pursuant to the Freedom of Information Act (FOIA) and Public Law 105-277 (at page 112 STAT. 2681-495), we request the U.S. Environmental Protection Agency provide one copy of the all the data used in the following study:
Pope, C.A., M.J. Thun, M.M. Namboordiri, D.W. Dockery, J.S. Evans, F.E. Speizer and C.W. Heath, 1995. "Particulate Air Pollution As a Predictor of Mortality in a Prospective Study of US Adults." American Journal of Respiratory and Critical Care Medicine, 151(3), 669-674. [the "Pope study].
This request includes, but may not be limited to, the relevant data from the American Cancer Society Cancer Prevention Study II, the EPA National Aerometric Data Base, and Lipfert, F.W., et al., 1988. A Statistical Study of the Macroepidemiology of Air Pollution and Total Mortality. Brookhaven National Laboratory, Upton, NY. Report No. BNL 52122.
The agency's justification of the Tier 2/Gasoline Sulfur proposed rulemaking depends in large part upon the validity of the Pope study. The Office of Mobile Sources cites the Pope study as the sole scientific basis for estimating the relationship between particulate matter and mortality in the proposed rulemaking. [See Regulatory Impact Analysis, VII-33]. This relationship accounts for $14.256 billion of the proposed rule's claimed $19.525 billion worth of benefits. [See Regulatory Impact Analysis, Table VII-16].
Public Law 105-277 provides that a Federal awarding agency must "ensure that all data produced under an award will be made available to the public through the procedures established under the Freedom of Information Act." According to congressional floor statements made in support of the provision, its aim is to "provide the public with access to federally funded research data" that is "used by the federal Government in developing policy and rules." 144 Cong. Rec. S12134 (October 9, 1998) (Statement of Sen. Lott); see id, (Statement of Sen Shelby) [the provision "represents a first step in ensuring that the public has access to all studies used by the Federal Government to develop federal policy."
Because the Pope study was produced through awards from the agency [EPA Cooperative Agreements CR-811650 and CR-818090] and is being used to develop federal policy, it is subject to the provisions of P.L. 105-277.
Pursuant to FOIA and P.L. 105-277, we will pay the administrative costs of producing the data.
Please expedite this request since the public comment period on the Tier 2/Gasoline Sulfur proposed rulemaking ends 45 days after the last public hearing on the proposal, now scheduled for June 17, 1999.
Thank you for your prompt attention.
Sincerely,
Steven J. Milloy, Director
Michael Gough, Director
Citizens for the Integrity of Science
1155 Connecticut Ave., N.W., Suite 300
Washington, D.C. 20036
Tel: 202-467-8586 Fax: 202-467-0768 E-mail: info@cfis.org