Jerry McNerney actually said...

Could the EPA invoke 5 U.S.C. 301 to consider science differently in enforcing clean-air regulations within different States based on whethe...

The EPA cannot unilaterally decide to completely transform the way it uses science in its rulemaking.

Could the EPA invoke 5 U.S.C. 301 to consider only science published by industry?

Well, if the EPA's position is that it already has the authority to carry out this rule under 5 U.S.C. 301, why is it promulgating the new r...