EPA Faces Data Quality Query Over Utility NSPS Finding On CCS' Viability

摘要

The Center for Regulatory Effectiveness (CRE) will ask EPA to prove it complied with the Data Quality Act (DQA) in its utility climate rule determination that carbon capture and sequestration (CCS) technology is adequately demonstrated and commercially available, posing another major test for the agency's disputed conclusion on CCS' viability. CRE, which aims to influence regulations and advocates strict DQA adherence, is seeking input on a draft letter it plans to send to EPA Administrator Gina McCarthy in early 2014 asking the agency to demonstrate its compliance with the DQA, according to a copy obtained by Inside EPA. The draft letter says, "There is a need to begin immediately a review of EPA's database on CCS to determine if the agency's statements on CCS availability comply with the DQA," though the group is not making any decisions yet on whether to file a formal petition for data correction under the DQA, which courts have said are not judicially review-able.