Chairman Capito Asks EPA Nominee About Energy Affordability, Cooperative Federalism in Nomination Hearing

WASHINGTON, D.C. - Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, held a hearing to consider the nomination of Justin Schwab to be Assistant Administrator for the Office of Air and Radiation (OAR) at the Environmental Protection Agency (EPA). During the hearing, Chairman Capito asked Mr. Schwab how he would consider energy affordability and cooperative federalism in OAR responsibilities, and gained his commitment to work with her on Small Refinery Exemption program issues.

HIGHLIGHTS:

ENERGY RELIABILITY AND AFFORDABILITY:

Chairman Capito:

"The Biden EPA power sector strategy imposed costly requirements on coal-fired and natural gas power plants, raising serious legal questions and threatening the continued operation of reliable and affordable electricity generation units. At the same time, grid experts have warned us about the consequences of shutting down dependable power plants…and now electricity prices have increased as power supply hasn't kept up. The Trump administration, including EPA's Office of Air and Radiation, has taken steps to repeal these regulations in line with existing law, with the added benefit of bringing down electricity costs in the future. Mr. Schwab, how will you ensure that your office would consider electric reliability and energy affordability while carrying out the responsibilities of clean air?"

Justin Schwab, nominee to be Assistant Administrator for the Office of Air and Radiation of the Environmental Protection Agency:

"If confirmed to this position, I would ensure that energy requirements are properly taken into account. It's important to note that multiple provisions of the Clean Air Act, including Section 111, which is the chief one under which these regulations have happened in the past, specifically requires EPA to take energy requirements into account when determining what the best system of emission reduction is, and I would pledge to take that congressional direction very seriously."

SMALL REFINERY EXEMPTION PROGRAM:

Chairman Capito:

"Congress established small refinery exemptions, and we talked about this already, to provide relief to small refiners that experienced disproportionate economic hardships under the Renewable Fuel Standard. I've raised concerns about how the EPA has administered this program, including the need for timely decisions and fair consideration. Mr. Schwab, if you're confirmed, will you commit to working with me and my staff on outstanding issues with the small refinery exemption program, to ensure that it is providing timely decisions and fair decisions for the petitioning entities?"

Justin Schwab, nominee to be Assistant Administrator for the Office of Air and Radiation of the Environmental Protection Agency:

"Yes, Senator, if confirmed to this position, I do commit to work with you and your staff, and to work inside the agency towards those ends."

COOPERATIVE FEDERALISM:

Chairman Capito:

"This interplay between federal and state, who's got responsibilities, are lines clearly drawn where they are, and what kind of responsibilities are better off at the state level, these are really, really important issues. I would ask you, how will you work with state environmental agencies to ensure that the OAR carries out its responsibilities consistent with cooperative federalism?"

Justin Schwab, nominee to be Assistant Administrator for the Office of Air and Radiation of the Environmental Protection Agency:

"The Clean Air Act, in its design, is a design of cooperative federalism. States, generally speaking, in the first instance, design plans to attain and maintain air quality standards. If confirmed to this position, I would work respectfully and collaboratively with the states to try to get to yes wherever legally possible and supported by evidence in the record."

Click HERE to view Chairman Capito's questions.

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