OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Madigan September 19, 2018 HY (JEN RAL Via Electronic US. Mail The Honorable John F. Curran The Honorable Jim Durkin State Senator House Republican Leader 7501 Lemont Road, Suite 315G 16W281 83rd Street, Suite Woodridge, Illinois 60517 Burr Ridge, Illinois 60527 The Honorable Dan Cronin Chairman, DuPage County Board 421 N. County Farm Road Wheaton, Illinois 60187 Re: Illinois Refusal to Provide Sterigenics? Information to the Office ofthe Illinois Attorney General Dear Senator Curran, Leader Durkin and Chairman Cronin: I am writing to inform you that the Illinois Environmental Protection Agency (IEPA) is refusing to cooperate with our office and provide basic background information that is necessary for our review ofthe serious public health and environmental threat posed by the Sterigenics facility in Willowbrook. As you know, on August through a report issued by the federal Agency for Toxic Substances and Disease Registry, we learned about the increased cancer risks created by the emissions from Sterigenics. We immediately assigned senior members ofour Environmental Enforcement Division to review this matter. In addition, our lawyers attended the August 29?h public meeting in Willowbrook, and spoke at length with Senator Curran on August Immediately after that, on August 315?, we sent a request to IEPA for documents as part of our review of Sterigenics? emissions. The email is attached. In addition to seeking the applications for the permits that allow Sterigenics to emit pollution, we asked for Sterigenics? annual emission reports for the years 1995 to 2017. The annual emission reports should detail the amount of Ethylene Oxide, a human carcinogen, released into the community adjacent to the Sterigenics? site. Our request was Speci?c and limited. IEPA could and should have provided these documents to us quickly. Instead, IEPA treated our authority to review documents as part ofour environmental enforcement work as a Freedom of Information Act request and took over two weeks to respond. On September l7?h, FOIA of?cer responded, indicating that the agency was denying our request for Sterigenics? annual emissions reports from 1996 to 2008. The response is attached. 500 South Second Street, Spring?eld. Illinois 62706 (217) 782-1090 TTY: (877) 844-5461 Fax: (217) 782-7046 100 West Randolph Street, Chicago. Illinois 60601 (312) 814-3000 TTY: (800) 964-3013 Fax: (312) 814-3806 601 Smith University Avenue. Suite 102, Carbondale, Illinois 62901 (618) 529?6400 TTY: [877) 675-9339 - Fax: (618) 529-6416 "1 The Honorable John F. Curran The Honorable Dan Cronin The Honorable Jim Durkin September 19, 2018 Page 2 As the lawyers for the People and the State ofIllinois, as well the only lawyers authorized by the Constitution and laws ofthe State to represent IEPA in court, decision to treat a request for documents from the Environmental Enforcement Division ofthe Of?ce of the Attorney General as a FOIA request is absurd. decision is also blatantly contrary to the Illinois Environmental Protection Act. 415 ILCS 5/7. Section 7(e) ofthat Act provides: Notwithstanding any other provisions of this Title, or any other law to the contrary, any information accorded con?dential treatment may be disclosed or transmitted to other of?cers, employees or authorized representatives of this State or of the United States concerned with or for the purposes of carrying out this Act or federal environmental statutes and regulations; provided, however, that such information shall be identified as confidential by the Agency, the Board, or the Department, as the case may be. Any confidential information disclosed or transmitted under this provision shall be used for the purposes stated herein.1 On September 18m, our lawyers contacted IEPA Director Messina to ask why IEPA refused to provide us with over 10 years of emissions reports in a matter that raises serious public health concerns. Director Messina informed us that IEPA withheld the documents because Sterigenics marked them as ?confidential business information? when submitting them to IEPA. Director Messina indicated that IEPA was in contact with Sterigenics? counsel to seek Sterigenics? approval to waive any claim of?confidential business information.? In sum, IEPA has left the decision on whether to provide emissions reports to the Attorney General?s Office to the company that has been and continues to release toxic chemicals into a populated community in DuPage County. In over 30 years of working as Assistant Attorneys General, our senior environmental enforcement attorneys cannot recall an instance in which IPEA refused to provide our office with air pollution emissions data based on the preposterous claim that it is ?confidential business information.? I am sharing with you our concerns about refusal to cooperate because, on September Senator Curran and Chairman Cronin wrote to Attorney General Madigan asking that we ?work with Illinois Environmental Protection Agency to take legal action to revoke Sterigenics Air Permit.? We agree that the State needs to take all possible steps to protect the residents and the environment impacted by Sterigenics. We ask that you assist us by contacting IEPA or Governor Rauner?s Office to demand that IEPA cooperate with our Office on this important environmental enforcement matter. Sincerely, Ann M. Sp lane Chiefof Staff Even putting aside the clear language of section sections 7(a) and ofthe Illinois Environmental Protection Act make clear that air pollution emission data ?shall be available to the public.? 4 5 ILCS 5/7(a) and