"King, Heidi R." <Heidi_R._King@omb.eop.gov> 

09/05/2008 02:28 PM

	

To

Lydia Wegman/RTP/USEPA/US@EPA

cc

Subject

Lydia, interagency question regarding potential APA violation?









Hi Lydia,

 

An interagency reg reviewer asks EPA’s response to a legal question
raised in public comment suggesting a potential violation of the
Administrative Procedure Act.  Could you please share your OGC’s
opinion / response to the commenter’s concern?

 

The commenter, ABR, whose public comments are submitted to the docket,
argued that reliance on Lanphear (2005) would constitute a violation of
Administrative Procedure Act in that a decision has been made reliant
upon a study for which the data has not been disclosed to EPA or to the
public when requested, in particular given that the published study
contained errors acknowledged by the author.

 

Thanks for helping us understand EPA’s response to this concern.

 

Best regards, as always,

 

heidi

