[Senate Hearing 117-133]
[From the U.S. Government Publishing Office]
S. Hrg. 117-133
BUSINESS MEETING
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MEETING
OF THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
DECEMBER 1, 2021
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Printed for the use of the Committee on Environment and Public Works
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Available via the World Wide Web: http://www.govinfo.gov
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U.S. GOVERNMENT PUBLISHING OFFICE
46-491 PDF WASHINGTON : 2022
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
THOMAS R. CARPER, Delaware, Chairman
BENJAMIN L. CARDIN, Maryland SHELLEY MOORE CAPITO, West
BERNARD SANDERS, Vermont Virginia,
SHELDON WHITEHOUSE, Rhode Island Ranking Member
JEFF MERKLEY, Oregon JAMES M. INHOFE, Oklahoma
EDWARD J. MARKEY, Massachusetts KEVIN CRAMER, North Dakota
TAMMY DUCKWORTH, Illinois CYNTHIA M. LUMMIS, Wyoming
DEBBIE STABENOW, Michigan RICHARD SHELBY, Alabama
MARK KELLY, Arizona JOHN BOOZMAN, Arkansas
ALEX PADILLA, California ROGER WICKER, Mississippi
DAN SULLIVAN, Alaska
JONI ERNST, Iowa
LINDSEY O. GRAHAM, South Carolina
Mary Frances Repko, Democratic Staff Director
Adam Tomlinson, Republican Staff Director
C O N T E N T S
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Page
DECEMBER 1, 2021
OPENING STATEMENTS
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 1
Capito, Hon. Shelley Moore, U.S. Senator from the State of West
Virginia....................................................... 2
LEGISLATION
Nomination Reference and Report:
PN731, David M. Uhlmann, of Michigan, to be an Assistant
Administrator of the Environmental Protection Agency....... 8
PN1224, Henry Christopher Frey, of North Carolina, to be an
Assistant Administrator of the Environmental Protection
Agency..................................................... 9
PN633, Amanda Howe, of Virginia, to be an Assistant
Administrator of the Environmental Protection Agency....... 10
PN957, Jennifer Clyburn Reed, of South Carolina, to be
Federal Cochairperson of the Southeast Crescent Regional
Commission................................................. 11
H.R. 4660, To designate the Federal Building and United States
Courthouse located at 1125 Chapline Street in Wheeling, West
Virginia, as the ``Frederick P. Stamp, Jr. Federal Building and
United States Courthouse''..................................... 12
H.R. 390, To redesignate the Federal building located at 167
North Main Street in Memphis, Tennessee as the ``Odell Horton
Federal Building''............................................. 14
S. 2938, To designate the United States Courthouse and Federal
Building located at 111 North Adams Street in Tallahassee,
Florida, as the ``Joseph Woodrow Hatchett United States
Courthouse and Federal Building'', and for other purposes...... 16
General Services Administration Resolutions...................... 18
BUSINESS MEETING
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WEDNESDAY, DECEMBER 1, 2021
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The Committee, met, pursuant to notice, at 9:50 a.m., in
room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
(Chairman of the Committee) presiding.
Present: Senators Carper, Capito, Cardin, Sanders,
Whitehouse, Merkley, Markey, Duckworth, Stabenow, Kelly,
Padilla, Lummis, Boozman, and Ernst.
OPENING STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. Good morning, everybody. Nice to see you
all. Thanks for joining us.
This morning, as you know, we have a busy morning. Senator
Capito and I will be in and out, and I appreciate Ben's
willingness to hold the gavel when we are away.
I call this business meeting to order this morning.
Once we have a quorum, the Committee will vote on five
nominations. Four of the nominations are to the Environmental
Protection Agency. They are Amanda Howe to be Assistant
Administrator for Mission Support, Carlton Waterhouse to be
Assistant Administrator of Land and Emergency Management, and
David Uhlmann to be Assistant Administrator of Enforcement and
Compliance Assurance, and Christopher Frey to be Assistant
Administrator for Research and Development.
Senator Capito and I have agreed, I believe, to consider
Ms. Howe's nomination by voice vote.
Does that sound good?
Senator Capito. That is correct.
Senator Carper. Great. The remaining EPA nominations will
be recorded votes by roll call. We will also vote by voice on
the nomination of Jennifer Clyburn Reed to be the Federal Co-
Chair of the Southeast Crescent Regional Commission.
We will also be voting on three bills to rename Federal
facilities in West Virginia, Tennessee, and Florida, along with
the four GSA Resolutions. The Committee will vote on all these
items en bloc by voice.
When we have completed our votes, we will immediately move
on to this morning's oversight hearing on Nuclear Regulatory
Commission, and after that take a nap. I don't know about the
rest of you, but I have had a full day already. No, we won't
take naps.
Then we will move on to the oversight portion with respect
to the Nuclear Regulatory Commission. We are happy to see our
commissioners joining us today.
The nominees we will vote on in a couple of minutes are
all, I believe, outstanding nominees. Each is fully qualified
to lead critically important offices within the Environmental
Protection Agency and the Southeast Crescent Regional
Commission. I am very impressed with the competence and passion
that each of these nominees brings with them.
That is also why I am pleased to say that I will be voting
yes on each of these nominees. I urge our colleagues to do the
same.
With that, let me turn to Senator Capito for any comments
she might like to make.
Senator Capito.
OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
U.S. SENATOR FROM THE STATE OF WEST VIRGINIA
Senator Capito. Thank you, Mr. Chairman, and thanks for
calling this business meeting today.
I am delighted that one of the items that we will be
considering today is a bill to name the Federal Building and
Courthouse in Wheeling, West Virginia, after Judge Frederick
Stamp. He was appointed to be a U.S. Judge by President George
H.W. Bush in 1990, and Judge Stamp's life of exceptional
service has made an indelible mark on West Virginia's legal
community and education system. He is a wonderful community
member as is his entire family.
So I am very pleased that that will be indelibly imprinted
on the courthouse in Wheeling, West Virginia.
I am also glad that among the GSA items that the Committee
will consider is a resolution approving repairs and alterations
to the U.S. Post Office and Courthouse Building in Clarksburg,
West Virginia. My last visit there showed that this project
will ensure that the building meets the long term needs also
for security while maintaining its historic integrity. It needs
a lot of help; I can tell you that.
We have a number of nominees, as you said, that we are
voting on today. I look forward to supporting Dr. Jennifer
Clyburn Reed to lead the Southeast Crescent Regional Commission
and Ms. Amanda Howe to lead the Office of Mission Support at
the EPA.
However I appreciate the willingness to serve, I cannot
support the other three EPA nominees under consideration.
Coming from an energy producing State, where many operations
are subject to EPA regulations, I remain troubled by Dr.
Carlton Waterhouse's views on the energy sector and capitalism
more generally, based on his responses. I am not assured that
he can approach his job from an unbiased perspective,
especially when addressing the energy sector.
The overarching issue affecting my position on all of
today's nominees, especially Mr. David Uhlmann and Dr. Chris
Frey, is the lack of timely responsiveness from EPA and the
rest of the Administration on critical oversight issues. I have
had numerous conversations with the Administrator on this.
Since April, I have asked EPA and the White House several
times how the new Nationally Determined Contribution, or NDC,
under the Paris Agreement was calculated. I am still waiting
for that information on how it was developed. I know it is
there; it is just that they won't disclose it.
In October, the Rhodium Group released a report that found
meeting the U.S. pledge would demand steep emissions reductions
from industries essential to our economy. The report claimed
around 40 percent of the Administration's goal may be achieved
by targeting the power sector alone. That is an attack that
could not come at a worse time, as inflation, fanned by the
previous reconciliation package, drives up the cost of energy
and ultimately other household goods.
The U.S. Energy Information Administration has already
warned Americans to expect higher heating bills this winter
with surging natural gas prices in the U.S. and in Europe.
Meanwhile, the Administration is plowing forward to pursue
legislation and regulation on the power sector and the oil and
gas industry.
We are seeing this already through the reckless tax and
spending spree that President Biden wants to move through
reconciliation. This ill conceived effort contains a wide
variety of harmful policies, including a new fee on methane,
which is in reality a natural gas tax.
This natural gas tax would raise fuel prices and
disproportionately impact low income households across the
country, yet another significant financial impact on everyday
Americans. And it comes even as EPA and the White House have
just recently announced an aggressive new rule on methane from
energy production.
I remain ever hopeful, as I always am, that the
Administration will change its posture, but at least come
forward with the information that we have very specifically
required and asked for, so that we can have the transparency
that all of these nominees promise but once they achieve their
offices, we find hasn't come forward as quickly and as
transparently as we had hoped.
Thank you for bringing us together today, Mr. Chairman, and
I yield back.
Senator Carper. Thank you so much.
Do we have a quorum? Are we ready to vote? No? OK.
Point of clarification. One of the nominees, the judge, I
think his last name is Stamp?
Senator Capito. That is correct.
Senator Carper. I mentioned this to Senator Capito, I said,
it is ironic that a judge named Stamp, they are naming a
Federal building after him. I said, it is too bad we can't name
a post office after him. And what did you tell me?
Senator Capito. In reality, the post office is in the
building.
Senator Carper. How cool is that?
Senator Capito. We try to do it well in West Virginia.
[Laughter.]
Senator Carper. There you go. All right.
Who else would like to be recognized? Anybody else while we
are waiting for a quorum?
[Pause.]
Senator Carper. I thank our colleagues for your patience.
We have reached out to the offices of those Senators who are
not yet in attendance. Hopefully, they will be here soon.
[Pause.]
Senator Carper. To our colleagues, we are waiting for one
more member; Sheldon is en route. Then we will get going.
[Pause.]
Senator Carper. All right, I think we are ready.
Senator Whitehouse, welcome; glad to see you.
I want to call up Presidential Nomination 722, Carlton
Waterhouse of Virginia to be Assistant Administrator of Land
and Emergency Management of the Environmental Protection
Agency. I move to approve and report the nomination favorably
to the Senate.
Is there a second?
Senator Cardin. Second.
Senator Carper. The Clerk will call the roll.
The Clerk. Mr. Boozman.
Senator Boozman. No.
The Clerk. Mrs. Capito.
Senator Capito. No.
The Clerk. Mr. Cardin.
Senator Cardin. Aye.
The Clerk. Mr. Cramer.
Senator Capito. No by proxy.
The Clerk. Ms. Duckworth.
Senator Duckworth. Aye.
The Clerk. Ms. Ernst.
Senator Ernst. No.
The Clerk. Mr. Graham.
Senator Capito. No by proxy.
The Clerk. Mr. Inhofe.
Senator Capito. No by proxy.
The Clerk. Mr. Kelly.
Senator Kelly. Aye.
The Clerk. Ms. Lummis.
Senator Lummis. No.
The Clerk. Mr. Markey.
Senator Markey. Aye.
The Clerk. Mr. Merkley.
Senator Merkley. Aye.
The Clerk. Mr. Padilla.
Senator Padilla. Aye.
The Clerk. Mr. Sanders.
Senator Sanders. Yes.
The Clerk. Mr. Shelby.
Senator Capito. No by proxy.
The Clerk. Ms. Stabenow.
Senator Stabenow. Aye.
The Clerk. Mr. Sullivan.
Senator Capito. No by proxy.
The Clerk. Mr. Whitehouse.
Senator Whitehouse. Aye.
The Clerk. Mr. Wicker.
Senator Capito. No by proxy.
The Clerk. Mr. Chairman.
Senator Carper. Carper votes aye.
The Clerk. Mr. Chairman, the yeas are 10, the nays are 10.
Senator Carper. Thanks very much.
Let me now call up the Presidential Nomination number 731,
David Uhlmann of Michigan to be Assistant Administrator of
Enforcement and Compliance Assurance of the Environmental
Protection Agency. I move to approve and report the nomination
favorably to the Senate.
Is there a second?
Senator Cardin. Second.
Senator Carper. It has been moved and seconded.
The Clerk will call the roll, please.
The Clerk. Mr. Boozman.
Senator Boozman. No.
The Clerk. Mrs. Capito.
Senator Capito. No.
The Clerk. Mr. Cardin.
Senator Cardin. Aye.
The Clerk. Mr. Cramer.
Senator Capito. No by proxy.
The Clerk. Ms. Duckworth.
Senator Duckworth. Aye.
The Clerk. Ms. Ernst.
Senator Ernst. No.
The Clerk. Mr. Graham.
Senator Capito. No by proxy.
The Clerk. Mr. Inhofe.
Senator Capito. No by proxy.
The Clerk. Mr. Kelly.
Senator Kelly. Aye.
The Clerk. Ms. Lummis.
Mr. Markey.
Senator Markey. Aye.
The Clerk. Mr. Merkley.
Senator Merkley. Aye.
The Clerk. Mr. Padilla.
Senator Padilla. Aye.
The Clerk. Mr. Sanders.
Senator Sanders. Aye.
The Clerk. Mr. Shelby.
Senator Capito. No by proxy.
The Clerk. Ms. Stabenow.
Senator Stabenow. Aye.
The Clerk. Mr. Sullivan.
Senator Capito. No by proxy.
The Clerk. Mr. Whitehouse.
Senator Whitehouse. Aye.
The Clerk. Mr. Wicker.
Senator Capito. No by proxy.
The Clerk. Mr. Chairman.
Senator Carper. Carper votes aye.
The Clerk. Mr. Chairman, the yeas are 10, the nays are 9.
Senator Carper. Thank you.
Now I would like to call up Presidential Nomination number
1224, Henry Christopher Frey of North Carolina to be Assistant
Administrator of Research and Development of the Environmental
Protection Agency. I move to approve and report the nomination
favorably to the Senate.
Is there a second?
Senator Cardin. Second.
Senator Carper. Thank you.
The Clerk will call the roll.
The Clerk. Mr. Boozman.
Senator Boozman. No.
The Clerk. Mrs. Capito.
Senator Capito. No.
The Clerk. Mr. Cardin.
Senator Cardin. Aye.
The Clerk. Mr. Cramer.
Senator Capito. Yes, by proxy.
The Clerk. Ms. Duckworth.
Senator Duckworth. Aye.
The Clerk. Ms. Ernst.
Senator Ernst. No.
The Clerk. Mr. Graham.
Senator Capito. No by proxy.
The Clerk. Mr. Inhofe.
Senator Capito. No by proxy.
The Clerk. Mr. Kelly.
Senator Kelly. Aye.
The Clerk. Ms. Lummis.
Senator Lummis. No.
The Clerk. Mr. Markey.
Senator Markey. Aye.
The Clerk. Mr. Merkley.
Senator Merkley. Aye.
The Clerk. Mr. Padilla.
Senator Padilla. Aye.
The Clerk. Mr. Sanders.
Senator Sanders. Aye.
The Clerk. Mr. Shelby.
Senator Capito. No by proxy.
The Clerk. Ms. Stabenow.
Senator Stabenow. Aye.
The Clerk. Mr. Sullivan.
Senator Capito. No by proxy.
The Clerk. Mr. Whitehouse.
Senator Whitehouse. Aye.
The Clerk. Mr. Wicker.
Senator Capito. No by proxy.
The Clerk. Mr. Chairman.
Senator Carper. Carper votes aye.
The Clerk. Mr. Chairman, the yeas are 11, the nays are 9.
Senator Carper. Thank you.
I now would like to call up two Presidential Nominations to
consider en bloc along with the remaining business for today.
First, I call up Presidential Nomination No. 1224, Jennifer
Clyburn Reed of South Carolina to be Federal Co-Chair of the
Southeast Crescent Regional Commission.
Second, I call up Presidential Nomination 731, Amanda Howe
of Virginia to be Assistant Administrator for Mission Support
of the Environmental Protection Agency.
Finally, I would like to call up H.R. 4660 to designate the
Federal Building and U.S. Courthouse located at 1125 Chapline
Street in Wheeling, West Virginia, as the Frederick P. Stamp,
Jr. Federal Building and U.S. Courthouse.
Also calling up for consideration H.R. 390 to redesignate
the Federal building located at 167 North Main Street in
Memphis, Tennessee, as the Odell Horton Federal Building.
Also S. 2938, to designate the Federal building located at
111 North Adams Street in Tallahassee, Florida, as the Joseph
Woodrow Hatchett United States Courthouse and Federal Building,
in addition to four GSA Resolutions.
We will now consider these two nominations, along with H.R.
4660, H.R. 390, S. 2938, and the GSA Resolutions en bloc by
voice vote. I move to approve and report these matters
favorably to the Senate.
Is there a second?
Senator Cardin. Second.
Senator Carper. Thank you.
All in favor, say aye.
[Chorus of ayes.]
Senator Carper. Opposed, say nay.
[No audible response.]
Senator Carper. In the opinion of the chair, the ayes
appear to have it.
The ayes have it, and the measures and nominations are
favorably reported.
For the record, the Chair observes that a quorum is present
in the room, and now we can turn to today's hearing.
I want to thank everybody for coming here, adjusting your
schedules to be here so we could do our job, report these
nominations and bills out.
Thanks so much.
[Whereupon, at 10:07 a.m., the Committee proceeded to other
business.]
[The referenced legislation follows:]
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