The Department of Energy spends billions on the development emission control technologies. It is important that they participate actively in the formulation of EPA’s NSPS for new coal fired plants.
DOE participation in the rulemaking is virtually guaranteed if EPA were to conduct a peer review in accordance with the requirements of the Data Quality Act.
Failure to conduct such a peer review could result in the execution of the legal strategy contained herein which provides a method for challenging a proposed rule because of non-compliance with the peer review requirements specific to the Data Quality Act. The strategy is a result of a legal precedent established in the TRAC litigation.
A court is authorized to act before a final rule is issued when the public has been denied the opportunity to utilize the results of a DQA peer review in developing their comments on a proposed rule. A judicial intervention is warranted to protect the right of the public to influence the contents of a final rule.
Please see the attachment here.
Center for Regulatory Effectiveness