Editor’s Note: The CRE letter requesting that EPA conduct a structured peer review as mandated by the Data Quality Act is in this letter to the Administrator. Below is the introductory paragraph.
Dear Administrator McCarthy:
We are writing to advise you of a clear failure by EPA to comply with legally binding OMB data quality peer review rules in proceeding with publication of its notice of proposed rulemaking concerning new source performance standards for carbon dioxide emissions from fossil fuel-fired electric utility generating units. The NPRM signed by you was published in the Federal Register on January 8. Issuance of a final rule without compliance with the OMB peer review guidance would be a violation of law because it would violate a number of OMB peer review mandates.