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January 22, 2002

Ms. Cynthia Floyd-Coleman
Freedom of Information Act Officer (Mail Code 1105A)
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460

RE: FOIA Request for Analytical Model to Predict Economic Effects of "Multi-Pollutant" Legislation to Amend the Clean Air Act, and Related Records

Dear Ms. Floyd-Coleman:

On behalf of the Center for Regulatory Effectiveness ("CRE"), and pursuant to the Freedom of Information Act (5 U.S.C. § 552; "FOIA") and EPA’s regulations implementing FOIA (40 CFR Part 2), I request a copy of the agency records identified below.

The requested records refer or relate to an analytical model, which I believe was developed by ICF Consulting and/or ICF Resources, Inc. It is known as the "Integrated Planning Model." EPA is using this model to predict the effects on important economic factors such as coal production and electricity prices due to various possible reductions in air emissions contemplated in the "multi-pollutant" legislation to amend the Clean Air Act, now under consideration in the Senate and within the Administration. This model is referenced in testimony submitted to the Senate Environment and Public Works Committee on November 1, 2001 by EPA Assistant Administrator Jeffrey Holmstead. The relevant portions of Mr. Holmstead’s testimony is bracketed on the document attached to this FOIA request.

For purposes of this FOIA request, this model is identified as the "ICF Model."

In particular, CRE requests a copy of:

1. The entire ICF Model, or any parts of it if EPA does not have the entire ICF Model, with a complete presentation of all computerized, statistical, or other methodologies used therein;

2. All records that refer or relate to EPA’s obtaining the entire ICF Model, or any parts of it if EPA has never had the entire ICF Model.

3. Each record concerning the accuracy, sensitivity, or reliability of the ICF Model, including but not limited to analysis or discussion of inherent uncertainties and "default" assumptions;

4. The results of each predictive "run" of the ICF Model as generated between January 1, 1997 and the date of this FOIA request, together with the data inputs and assumptions used in each such "run" of the ICF Model;

5. The procurement contract or contracts or other legal instrument, and any amendments, pursuant to which ICF developed the ICF Model and performed any predictive "run(s)" of the ICF Model;

6. Any section of the contract(s) or other legal instrument or authority that permits ICF to assert an exclusive proprietary interest in the ICF Model;

7. Each record concerning whether EPA should or lawfully may or may not disclose the ICF Model or any component or data input thereof or assumption used therein, including but not limited to each record indicating whether the ICF company or the EPA Office of General Counsel was consulted in respect of any such decision whether to disclose, including any legal memorandum or decision memorandum with respect to disclosure;

8. Each record indicating the company(ies) or other entity(ies) to which ICF sold, marketed, or planned to market, the ICF Model; and

9. Each record that refers or relates to any other FOIA request concerning the ICF Model.

I believe that at least some responsive records may be in the possession of Paul Stolpman, Office of Atmospheric Programs, or his staff. Other responsive records may be in the possession of other EPA officials.

If EPA will charge a fee for the production of the requested record(s), please advise me before incurring any billable expense that exceeds $500.00.

If EPA is unable to identify and assemble all potentially responsive records within 20 working days after receipt of this request, please provide me on that date with a copy of the responsive records that you have at that time and please continue thereafter to seek out any other potentially responsive records.

If EPA denies any or all of this request, please advise me of the reason(s) for the denial and the procedure for filing an appeal.

Thank you for your assistance. If you have any questions, please call me at: (202) 265-2383.


Scott Slaughter

Attachment: Excerpt from Jeffrey Holmstead Testimony, November 1, 2001

cc: Paul Stolpman, Office of Atmospheric Programs (w/attach.)

Click for CRE's letter to EPA's Chief Information Officer