GOP Senators ask GAO to review if SRE denials constitutes a rule

In Washington, D.C., Sens. Bill Hagerty, R-Tenn.; Shelly Moore Capito, R-W.V.; and Roger Wicker, R-Miss. sent a letter to the U.S. Government Accountability Office asking them to review whether the recent EPA small refinery exemptions denials constitutes a rule for purposes of the Congressional Review Act.

Their letter states, “While EPA asserts its Denial is “not a rulemaking,” the Denial appears to be an agency statement of future effect that is designed to implement, interpret, and prescribe law and policy. The U.S. Government Accountability Office has previously found that agency documents may constitute a “rule” under the Congressional Review Act irrespective of the label given by an agency. The proposed Denial was issued by EPA and made available for public comment in the Federal Register, a process generally required under the Administrative Procedure Act.”