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On August 27th, the US Environmental Protection Agency (EPA) took an action that has been widely anticipated for more than a year by industry and environmental groups alike. EPA has finalized a rule change that redefines "routine maintenance" in the New Source Review (NSR) provision of the Clean Air Act for factories, refineries and power plants. This action will allow for the perpetuation of grandfathered status for thousands of polluting industries across the country, and will almost certainly result in higher levels of emissions from smokestacks. These industries can now replace up to 20% of each facility every year without having to install modern emission control systems. After five years a factory or power plant can be completely rebuilt and these upgrades would fit the new definition of "routine maintenance".

This action by the EPA is illegal according to many experts in constitutional law. The EPA has clearly disregarded the legislative intent of the New Source Review provision of the Clean Air Act. The intent of the law is that grandfathered power plants and factories would all eventually be brought up to modern emission control standards as the plants themselves were modernized and expanded. This new rule change negates that trend creating grandfathered status in perpetuity. Only an act of Congress can legally redefine the provisions of a law in such a sweeping manner. But, unless the EPA's action is successfully challenged in court, or overturned by Congressional action, the new rule will stand.

The Canary Coalition intends to mobilize all its resources, contacts and energies to overturn this illegal EPA action.

Under Section 10 of the NC Clean Smokestacks Act, North Carolina state officials are obligated to use all available means to protect our state from air pollution originating elsewhere. This EPA ruling clearly threatens North Carolina's air quality and should be directly and immediately challenged by our state officials by filing a petition for review with the US Court of Appeals

We call upon North Carolina city and town councils, county governments and other local officials to send resolutions and letters to the NC Attorney General's office urging a lawsuit be filed against the EPA's decision. Further, we urge local government entities to consider filing petitions for review, independently, with the US Court of Appeals, against the EPA's action.

We call upon the NC Division of Air Quality to advise the Attorney General's office to take immediate legal action against the EPA's decision.

We call upon the Governor of North Carolina to direct the Attorney General to take immediate legal action.

We call upon the Attorney General of North Carolina to immediately state its intent to challenge the legality of the EPA's "Routine Maintenance" ruling by filing a petition for review with the US Court of Appeals.

We call on the citizens of North Carolina to advise their state government officials that they are responsible for performing their duties under section 10 of the NC Clean Smokestacks Act. North Carolina is obligated to legally challenge the "routine maintenance" change to the New Source Review provision of the Clean Air Act.

Further, we call on all members of North Carolina's congressional delegation to co-sponsor legislation that will overturn the "routine maintenance" rule change. This legislation should include an investigation into the mis-use of power by the EPA and the current administration in over-stepping its constitutional authority by illegally altering congressional law and endangering public health under the heavy influence of large industrial political campaign donations.

Following is a list of officials to contact in North Carolina:

The Honorable Governor Michael F. Easley Office of the Governor 20301 Mail Service Center Raleigh, NC 27699-0301 1-800-662-7952 valid in North Carolina only (919)733-4240, or (919)733-5811. Fax: (919)715-3175 or (919)733-2120	NC Office of Attorney General Roy Cooper North Carolina Department of Justice P.O. Box 629 Raleigh, NC 27602-0629 e-mail: agjus@mail.jus.state.nc.us Telephone: (919) 716-6400 Fax: (919) 716-6750	Secretary Bill Ross NCDENR 1601 Mail Service Center Raleigh, NC 27699-1601 919-733-4984 FAX: 919-715-3060
Senator Elizabeth Dole 403 Dirksen Senate Office Building Washington, D.C. 20510-3301 Telephone (202) 224-6342 Fax (202) 228-1339	Senator John Edwards http://edwards.senate.gov United States Senate 225 Dirksen Office Bldg. Washington, DC 20510 Telephone (202) 224-3154 Fax (202) 228-1374	Frank W. Ballance-District 1 http://www.house.gov/ballance 2440 Rayburn HOB Washington, DC 20515-3301 Telephone (202) 225-3101
Bob Etheridge-District 2 http://www.house.gov/etheridge 1533 Longworth HOB Washington, DC 20515-3302 Telephone (202) 225-4531	Walter B. Jones-District 3 422 Cannon HOB Washington, DC 20515-3303 Telephone: (202) 225-3415	David E. Price-District 4 http://www.house.gov/price 2162 Rayburn HOB Washington, DC 20515-3304 Telephone: (202) 225-1784
Richard Burr -District 5 http://www.house.gov/burr 1526 Longworth HOB Washington, DC 20515-3305 Telephone: (202) 225-2071	Howard Coble-District 6 http://www.house.gov/coble 2468 Rayburn HOB Washington, DC 20515-3306 Telephone: (202) 225-3065	Mike McIntyre-District 7 http://www.house.gov/mcintyre 228 Cannon HOB Washington, DC 20515-3307 Telephone: (202) 225-2731
Robin Hayes-District 8 http://www.hayes.house.gov 130 Cannon HOB Washington, DC 20515-3308 Telephone: (202) 225-3715	Sue Wilkins Myrick-District 9 http://www.house.gov/myrick 230 Cannon HOB Washington, DC 20515-3309 Telephone: (202) 225-1976	Cass Ballenger-District 10 http://ballenger.house.gov 2182 Rayburn HOB Washington, DC 20515-3310 Telephone: (202) 225-2576
Charles H. Taylor-District 11 http://www.house.gov/charlestaylor 231 Cannon HOB Washington, DC 20515-3311 Telephone: (202) 225-6401	Melvin L. Watt-District 12 http://www.house.gov/watt 2236 Rayburn HOB Washington, DC 20515-3312 Telephone: (202) 225-1510	Brad Miller - District 13 http://www.house.gov/bradmiller 1505 Longworth HOB Washington, DC 20515-3313 Telephone: (202) 225-3032 Fax: (202) 225-0181

*The Canary Coalition is working on the local, state and federal level to raise public awareness and mobilize public support for policies that will result in clean air for all those who breathe. If you would like to join or contribute to the Canary Coalition online please go to this donation link. Thank you.