    [Senate Hearing 115-617]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 115-617

                                BUSINESS MEETING

    =======================================================================

                                    MEETING

                                   before the

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                         ONE HUNDRED FIFTEENTH CONGRESS

                                 SECOND SESSION

                                   __________

                               SEPTEMBER 18, 2018

                                   __________

      Printed for the use of the Committee on Environment and Public Works

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            Available via the World Wide Web: http://www.govinfo.gov
                                       ______

                         U.S. GOVERNMENT PUBLISHING OFFICE

    36-421 PDF                WASHINGTON : 2019

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                         ONE HUNDRED FIFTEENTH CONGRESS
                                 SECOND SESSION

                        JOHN BARRASSO, Wyoming, Chairman
    JAMES M. INHOFE, Oklahoma            THOMAS R. CARPER, Delaware,
    SHELLEY MOORE CAPITO, West Virginia      Ranking Member
    JOHN BOOZMAN, Arkansas               BENJAMIN L. CARDIN, Maryland
    ROGER WICKER, Mississippi            BERNARD SANDERS, Vermont
    DEB FISCHER, Nebraska                SHELDON WHITEHOUSE, Rhode Island
    JERRY MORAN, Kansas                  JEFF MERKLEY, Oregon
    MIKE ROUNDS, South Dakota            KIRSTEN GILLIBRAND, New York
    JONI ERNST, Iowa                     CORY A. BOOKER, New Jersey
    DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
    RICHARD SHELBY, Alabama              TAMMY DUCKWORTH, Illinois
                                         CHRIS VAN HOLLEN, Maryland

                  Richard M. Russell, Majority Staff Director
                  Mary Frances Repko, Minority Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                               SEPTEMBER 18, 2018
                               OPENING STATEMENTS

    Barrasso, Hon. John, U.S. Senator from the State of Wyoming......     1
    Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     2
    Capito, Hon. Shelley Moore, U.S. Senator from the State of West
      Virginia.......................................................     3
    Whitehouse, Hon. Sheldon, U.S. Senator from the State of Rhode
      Island.........................................................     5
    Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland     6
    Rounds, Hon. Mike, U.S. Senator from the State of South Dakota...    12

                      LEGISLATION AND ADDITIONAL MATERIAL

    Text of S. 1857, To establish a compliance deadline of May 15,
      2023, for Step 2 emissions standards for new residential wood
      heaters, new residential hydronic heaters, and forced-air
      furnaces.......................................................    31
        Text of Carper Amendment #1, An amendment in the nature of a
          substitute to S. 1857 that reduces the regulatory burden
          for residential wood heater retailers and manufacturers,
          codifies critical residential wood heater emission
          standards, and establishes a $75 million voluntary program
          to incentive the removal and replacement of old,
          inefficient wood heaters...................................    33
    Text of S. 2461, To allow for judicial review of certain final
      rules relating to national emission standards for hazardous air
      pollutants for brick and structural clay products or for clay
      ceramics manufacturing before requiring compliance with the
      rules by existing sources......................................    51
        Text of Whitehouse Amendment #1, An amendment to S. 2461, the
          BRICK Act, that would convey the sense of Congress that the
          EPA Assistant Administrator for the Office of Air and
          Radiation should 1) abide by all relevant standards of
          ethical conduct; 2) recuse himself from matters where his
          involvement would result in or create the appearance of a
          conflict or undermine public confidence in the EPA; and 3)
          provide a copy of his recusal letter to the Committee......    55
        Text of an amendment in the nature of a substitute to S. 2461    56
    Text of an amendment in the nature of a substitute to S. 2827, To
      amend the Morris K. Udall and Stewart L. Udall Foundation Act..    58
    Text of an amendment in the nature of a substitute to S. 1934, To
      prevent catastrophic failure or shutdown of remote diesel power
      engines due to emission control devices, and for other purposes    71
    Text of S. 593, To amend the Pittman-Robertson Wildlife
      Restoration Act to facilitate the establishment of additional
      or expanded public target ranges in certain States.............    73
    Presidential Nomination 2347. Harold B. Parker, of New Hampshire,
      to be Federal Cochairperson of the Northern Border Regional
      Commission, vice Mark Scarano, resigned........................    81
    Committee Resolutions:
        Construction, Otay Mesa U.S. Land Port of Entry, San Diego,
          CA. PCA-BSC-SA18...........................................    82
        Lease, Department of the Treasury--Internal Revenue Service,
          Treasury Inspector General for Tax Administration, Denver,
          CO. PCO-01-DE18............................................    83
        Lease, Drug Enforcement Administration, Weston, FL. PFL-04-
          WE18.......................................................    85
        Lease, Department of Defense--Army Corps of Engineers,
          Sacramento, CA. PCA-01-SA18................................    87
    Opinion: Mirrors and Smoke, Smoke and Mirrors, by John Crouch,
      biomassmagazine.com, September 14, 2018........................    89
    Letter to Senators Barrasso, Carper, Capito, and Whitehouse from
      the Hearth, Patio & Barbecue Association, September 14, 2018...    91
    Industry Groups Support New BRICK Act to Extend EPA Emissions
      Regulations Timeline, ceramicindustry.com, March 28, 2018......    98

                                BUSINESS MEETING

                                  ----------

                          TUESDAY, SEPTEMBER 18, 2018

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10 a.m. in room
    406, Dirksen Senate Office Building, Hon. John Barrasso
    (Chairman of the Committee) presiding.
        Present: Senators Barrasso, Carper, Inhofe, Capito,
    Boozman, Wicker, Fischer, Moran, Rounds, Ernst, Sullivan,
    Shelby, Cardin, Whitehouse, Merkley, Gillibrand, Booker, and
    Van Hollen.

               OPENING STATEMENT OF HON. JOHN BARRASSO,
                 U.S. SENATOR FROM THE STATE OF WYOMING

        Senator Barrasso. Good morning. I call this business
    meeting to order.
        Today we are going to consider six bills, four GSA
    resolutions, and one nomination.
        Senator Carper and I have agreed that we will begin voting
    at 10:15. At that time, I will call up the items on the agenda,
    including amendments for votes. We will not debate the items on
    the agenda while we are voting. Instead, we will debate the
    items on the agenda before we begin voting at 10:15.
        I will also be very happy to recognize any member who still
    wishes to speak after the voting concludes.
        The items on today's agenda include S. 1857, a bill to
    delay new source performance standards for wood and hydraulic
    heaters; S. 2461, Blocking Regulatory Interference from Closing
    Kilns Act of 2018; S. 2827, a bill to amend the Morris K. Udall
    and Stewart L. Udall Foundation Act; S. 1934, Alaska Remote
    Generator Reliability and Protection Act; S. 593, Target
    Practice and Marksmanship Training Support Act; S. 1537,
    Migratory Birds of the Americas Conservation Act; then, as
    well, Presidential Nomination 2347, which is Harold B. Parker
    of New Hampshire to be Federal Cochairperson of the Northern
    Border Regional Commission; and four General Service
    Administration resolutions.
        Now, it appears several members are present and would like
    to speak. In order to maximize everyone's time to debate the
    items on the agenda, I am going to defer any additional opening
    statements until other members have had the opportunity to
    speak. Members speak up until 10:15.
        I will submit my opening statements for the record.
        Senator Carper.
        [The prepared statement of Senator Barrasso was not
    received at time of print.]

              OPENING STATEMENT OF HON. THOMAS R. CARPER,
                U.S. SENATOR FROM THE STATE OF DELAWARE

        Senator Carper. Thanks.
        I have some comments I would like to give on my Amendment
    No. 1, which addresses S. 1857, Senator Capito's bill. Shelley
    and I were talking a little bit yesterday, and she indicated
    her staff hadn't received our amendment until a couple days
    ago, which I was just unhappy about. As it turns out, I talked
    with them, and they said, let's go back and look. Apparently,
    they said they met with your staff on July 25th, presented what
    we wanted to do on the 26th, and the actual language that came
    out tweaked it a little bit, but not too much. But the sum and
    substance of it was presented a couple months ago, which makes
    me feel better, because I don't like to give somebody something
    at the last minute. I just wanted to mention that.
        I still remember my staff preparing me for last year's
    November legislative hearing on S. 1857. They told me there are
    over 11 million homes using residential wood heaters today,
    most of which are inefficient and without proper emission
    control technology. Older wood heaters are inefficient, produce
    a deadly mix of particulate matter known as PM, volatile
    organic compounds, and air toxics.
        Pollution from these heaters is problematic in a number of
    States, including Alaska, Oregon, and Vermont, to name a few.
        I also learned that sometimes it is hard for homeowners to
    upgrade wood heaters on their own; they often need financial
    incentives to do so.
        Finally, I found out that the technology exists today to
    reduce the pollution from these wood heaters by up to 70
    percent. That is seven-zero percent. That is when I stopped my
    staff, and I said to them, I think we have seen this movie
    before and know it pretty well. Back in 2005, I remember George
    Voinovich, our colleague, came to me with almost the very same
    situation--not about wood burning stoves, but about inefficient
    diesel engines. In 2005, George said, we have a great idea, the
    Diesel Emission Reduction Act, and he asked me to be his
    Democratic cosponsor, which I was pleased to do.
        But DERA, as you all recall, didn't roll back emission
    standards for diesel engines. Instead, it created a program
    that incentivized the use of newer diesel technology. Together
    with Senator Inhofe and a couple of other colleagues, we went
    forth to establish one of the most successful clean air
    programs on the books. My statement here says one that is
    loved. I don't know that it is loved, but it is warmly embraced
    by retailers, by manufacturers, by States, and health groups
    alike.
        My amendment today builds on what we know to be a
    successful formula. Instead of delaying standards that many in
    the industry are already meeting and States depend on for
    healthy air, the amendment I am offering today creates a 5-
    year, $75 million wood heater replacement program mirrored
    after our successful DERA program.
        What I am calling the Wood Heater Emission Reduction Act,
    or WHERA, allows States, it allows Tribes, it allows
    territories, and regional and local air agencies to apply for
    EPA funding to create residential wood heater programs that
    work for their State. Because rural areas and tribal areas have
    a disproportionate need, we require at least 4 percent of WHERA
    to go toward Tribes and require EPA to ensure that rural areas
    are represented in funding allocations.
        The amendment doesn't stop there, though. We heard during
    our hearing in November that retailers needed a little more
    time to get the older products off their shelves. Giving
    retailers some extra time is also beneficial to manufacturers.
    So, my amendment today gives retailers an extra year to sell
    these so called Step 1 residential wood heaters. Thus, it moves
    the deadline from May 20th, 2020, to May 20th, 2021, which is
    almost 3 years from now.
        This amendment also gives wood heater manufacturers some
    flexibility in the testing program.
        Finally, my amendment codifies the manufacturers' Step 2
    emission standards, keeping public health gains and giving
    States and manufacturers something they like, and that is
    certainty.
        As we saw with DERA, delaying emission standards is not a
    recipe for success, so let's adopt a formula that we know works
    for public health, for States, for American jobs.
        Mr. Chairman, I am going to be asking for a roll call vote
    on this amendment. I hope my colleagues will join me in
    supporting it today.
        Thank you so much.
        [The prepared statement of Senator Carper follows:]

                      Statement of Hon. Thomas R. Carper,
                    U.S. Senator from the State of Delaware

        Today, our Committee favorably reported S. 593, the Target
    Practice and Marksmanship Training Support Act, a bipartisan
    bill. Our Committee previously favorably reported a slightly
    different version of this legislation as part of S. 1514, the
    HELP for Wildlife Act.
        Ideally, our Committee would have considered and discussed
    those differences in a hearing. The stakeholder organizations
    that support the intended policy outcome support both versions.
    To date, no organizations have expressed public opposition to
    either version.
        That said, we may need to better reconcile these
    differences now that both bills--S. 593 and S. 1514--have
    advanced to the full Senate. I look forward to working with my
    colleagues to that end.

        Senator Barrasso. Thank you, Senator Carper.
        Senator Capito.

            OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
              U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

        Senator Capito. Thank you, Mr. Chairman.
        I thank the Ranking Member. Thanks for the conversation
    yesterday. It seems we have a little dispute on when the final
    language actually reached our staffs, but we can debate about
    that later.
        Senator Carper. I think the final language actually reached
    them a couple of days ago, but the sum and substance I think
    actually did come in July.
        Senator Capito. Right. Concepts were there. Like I said, we
    can get into that off the dais.
        I just want to urge support for S. 1857 to provide
    regulatory relief to the wood and pellet stove heater and
    forced air furnace industry. This is a bipartisan bill that was
    introduced with Senators McCaskill, Shelby, and Manchin. It is
    very simple: it extends that deadline from 2020 to 2023. That
    extension is vital to the industry to be able to develop,
    engineer, test, manufacture, and distribute models that are
    compliant with Step 2 standards. It also provides that
    certainty to retailers that they can sell existing inventories
    through 2023 and to consumers.
        The industry has already met the Step 1 standards, which,
    according to the Obama's EPA figures, achieved the vast
    majority--an estimated 90 percent or more--of the emissions
    reductions anticipated as part of the two-step regulation. Step
    1 reduced emissions by 70 to 90 percent compared to the
    baseline. With Step 2, we are subject to the law of diminishing
    returns, with each reduction becoming costlier and more
    technologically difficult to achieve.
        With that said, the bill would only delay--not modify--
    would only delay the strict Step 2 standards to ensure they can
    be plausibly met on time.
        Members of this Committee have heard compelling testimony
    and received letters from industry that there is simply not
    enough time to fully engineer and certify. The certification
    part is very difficult in terms of certifying new products by
    the 2020 deadline. A 3-year delay would help alleviate logjams
    at the labs doing their certification and the EPA itself to
    ensure that the new models actually do meet the standards.
        The Clean Air and Nuclear Safety Subcommittee, which I
    chair, heard testimony last November. It is September. Last
    November we had a legislative hearing to the effect that some
    manufacturers may only have one-third of their product lines in
    limited quantities available for sale to comply with 2020.
        At the time of our hearing, of the 540 wood and pellet
    stove models that are compliant under Step 1, only 26 of those
    would meet the standard under Step 2. Retailers will be making
    their orders well ahead of the effective due date and will have
    to deal with the regulatory uncertainty of what will be
    available, as well as what will become of existing inventory
    that may become obsolete and unsellable.
        The purchase of these appliances is seasonal, so units may
    be in the retailers' inventory for years. The outcome may be
    that of the 11.5 million homes using wood heaters as primary or
    secondary heating sources will continue to operate their older
    appliances, which is what we don't want, many of them not even
    compliant with Step 1 for additional years while supplies
    increase and prices come down on Step 2 compliant units.
        We have already seen the rise in prices. A retailer in
    Prichard, West Virginia, had to double prices, from $1,000 to
    $2,000, for products compliant with Step 1 compared to previous
    revisions. In 2015, this retailer sold 42 warm air furnaces. In
    2016, Step 1 induced price increase, he sold 11. By late 2017,
    only 8. Which means people are not changing out their existing
    units. That means that, and they are not buying the new units.
    The impact for jobs and consumers is clear.
        So, I would urge my colleagues to vote yes on S. 1857.
        If the Chairman would allow, we still have a few minutes,
    to talk about the amendment.
        Senator Barrasso. Please. I know Senator Wicker wants to
    speak, as does Senator Whitehouse. Senator Whitehouse is first
    recognized, but go ahead.
        Senator Capito. I will go very quickly here on the Carper
    amendment that Senator Carper spoke about.
        We talked about the merits of it yesterday. Hopefully, we
    can arrive at some kind of compromise, but I don't think it is
    meeting the standards of regular order, so I urge its defeat.
        It would establish the $75 million new regulatory program
    with no budget offset and has not been completely vetted by
    members of this Committee. It would provide funding for buy
    backs, as the Senator said.
        While it is well intentioned, it does not address the
    broader issue associated with Step 2, and instead, formalizes
    them into law. It does not address the fact that there will not
    be enough models approved, much less at an affordable cost, to
    meet consumers' needs.
        A lot of the consumers that use it for their primary source
    are on the lower end of the economic scale, and that is a
    source of concern for me being from the State of West Virginia.
        So, I am opposing his amendment. I have other issues I
    could add here, but in the interest of the Committee I will cut
    that short and say that I hope we can work together, Senator
    Carper, to try to find a compromise here, but in the short term
    I would urge defeat of the Carper amendment.
        Thank you.
        Senator Barrasso. Thank you, Senator Capito. I also will be
    opposing the Carper amendment and supporting your bill.
        Senator Whitehouse.

             OPENING STATEMENT OF HON. SHELDON WHITEHOUSE,
              U.S. SENATOR FROM THE STATE OF RHODE ISLAND

        Senator Whitehouse. Thank you, Chairman.
        Mr. Chairman, the Associate Administrator for the Office of
    Air and Radiation at the Environmental Protection Agency, as we
    know, is a gentleman named Bill Wehrum. He was confirmed by the
    U.S. Senate on November 9th, 2017. He promised to document his
    compliance with his EPA ethics agreement within 90 days of his
    confirmation. That 90 days ran on February 14th, 2018.
        Since that date, I have been trying to get his ethics
    statement, without success, in letter after letter, so I filed
    Whitehouse 1 as an amendment to S. 2461 to require recusal of
    this individual in matters where there would be the appearance
    of a conflict or undermining of public confidence in the EPA
    and requiring, as a matter of law, to provide a copy of his
    recusal letter to the Committee.
        Well, lordy be, as of now, we have his recusal letter. It
    was not signed on February 14th, 2018; it was signed yesterday.
    So, we at least have it. Further inquiry to follow as to what
    the hell happened between February 14th, 2018, and September
    17th, 2018, during which this individual, who is a walking
    conflict of interest, appeared to be operating under no
    conflict of interest or recusal statement.
        On the basis of that, I would first ask unanimous consent
    to put his recusal statement into the record.
        Senator Barrasso. Without objection.
        [The referenced information was not received at time of
    print.]
        Senator Whitehouse. And second, ask consent to withdraw my
    amendment.
        Senator Barrasso. Without objection.
        Thank you, Senator Whitehouse.
        Senator Wicker.
        Senator Wicker. Well, I appreciate Senator Whitehouse
    withdrawing his amendment. That will simply give us an
    opportunity to vote yes or no on the underlying bill, which is
    a good bill, and it provides legislative and regulatory relief
    for the over 7,700 people who work in brick manufacturing
    plants and the almost 90,000 Americans who are employed by the
    larger brick industry, not to mention all of the millions of
    construction jobs with brick based elements.
        So, I am glad to see the amendment has been withdrawn, and
    I urge my colleagues to vote yes for the underlying bill, which
    is bipartisan, having sponsors such as Inhofe and Capito from
    this Committee and Donnelly, Heitkamp, and Manchin who are not
    on this Committee.
        Thank you, Mr. Chairman.
        Senator Barrasso. Thank you, Senator Wicker.
        Senator Sullivan.
        Senator Sullivan. Thank you, Mr. Chairman.
        I want to also thank Senator Whitehouse for withdrawing his
    amendment, but also for his dogged determination to get members
    of the executive branch to do what they said they were going to
    do. If they told us they were going to file a recusal
    statement, and they haven't done it, then I think it is good
    oversight on his part to get them to do that, so appreciate the
    hard work of a former attorney general.
        Senator Whitehouse. Said the former attorney general.
        [Laughter.]
        Senator Barrasso. Senator Cardin, I know you also have a
    bill, the Migratory Birds of the Americas Conservation Act.
    Anything you would like to add at this point?

             OPENING STATEMENT OF HON. BENJAMIN L. CARDIN,
                U.S. SENATOR FROM THE STATE OF MARYLAND

        Senator Cardin. Just thank the Chairman and Ranking Member
    for including this on the markup today. It is a very important
    bill that deals with our international efforts, the U.S.
    participating in neotropical birds.
        You have all heard me talk about this before. About 200
    species are involved in the protection of habitat in our region
    to make sure that we, with other countries, do what is
    necessary and reasonable to protect their habitat. One of those
    neotropical birds is the Baltimore Oriole. For those of you who
    are following the baseball season, you know we need to pass
    this immediately.
        [Laughter.]
        Senator Barrasso. We are waiting for one more member of the
    Committee to arrive.
        Senator Carper. Mr. Chairman.
        Senator Barrasso. Yes, Senator Carper.
        Senator Carper. Could I just have one last quick thing?
    Somebody asked me from the press yesterday, he said, why do you
    care about this wood burning stove legislation?
        I will just say this; in Delaware alone we have a number of
    wood heaters, and you have them in your States, too. We are not
    the leader by any stretch of the imagination, but wood heaters
    in my State are the second largest source of particulate matter
    pollution--second largest source of particulate matter
    pollution. If you add together all the PM that we get from on-
    highway vehicles, electric utilities, petroleum industry
    combined, the particulate matter that comes from wood burning
    stoves in my State is more than all those three combined. All
    those three combined.
        Senator Barrasso. Thank you, Senator Carper.
        We are waiting for one more member to arrive. I understand
    he is on the way.
        Senator Inhofe. He is on the 14th Street Bridge.
        [Laughter.]
        Senator Barrasso. The Ranking Member and I have agreed to
    bring up two bills for separate votes. The Ranking Member has
    requested that each of these two receive a roll call vote. The
    Ranking Member and I have agreed to vote on the remaining four
    bills, the nomination, and the GSA resolutions en bloc by voice
    vote. Members may choose to have their votes recorded after the
    voice vote.
        So, I would like to bring up for call the en bloc passage
    of the items, the Barrasso substitute amendment to S. 2827, a
    bill to amend the Morris K. Udall and Stewart L. Udall
    Foundation Act; the Sullivan-Carper substitute amendment to S.
    1934, Alaska Remote Generator Reliability and Protection Act;
    S. 593, Target Practice and Marksmanship Training Support Act;
    S. 1537, Migratory Birds of the Americas Conservation Act;
    Presidential Nomination 2347, Harold B. Parker of New Hampshire
    to be Federal Cochairperson of the Northern Border Regional
    Commission; and four General Service Administration resolutions
    en bloc.
        I move to approve the Barrasso substitute amendment to S.
    2827 and report S. 2827 as amended, approve the Sullivan-Carper
    substitute amendment to S. 1934 and report S. 1934 as amended,
    approve and report S. 593 and S. 1537 and Presidential
    Nomination 2347, and approve four GSA resolutions en bloc.
        Is there a second?
        Senator Carper. Second.
        Senator Barrasso. All those in favor say aye.
        [Chorus of ayes.]
        Senator Barrasso. Opposed, nay.
        [No audible response.]
        Senator Barrasso. In the opinion of the Chair, the ayes
    have it. We have approved S. 2827, as amended; S. 1934, as
    amended; S. 593; S. 1537; and Presidential Nomination 2347,
    which will be reported favorably to the Senate. We have also
    approved four GSA resolutions.
        Now I would like to call up S. 1857, a bill to delay new
    source performance standards for wood and hydraulic heaters
    that was circulated last Friday. Senator Carper has filed an
    amendment to S. 1857.
        You are going to offer your amendment, and then we will
    have a roll call.
        Senator Carper. I offer the amendment. We have discussed
    it, and I would ask for a yes vote.
        Thanks so much.
        Senator Barrasso. Members have already had an opportunity
    to speak on Carper No. 1 this morning. Additional members may
    speak, if they would like, after voting concludes.
        Move to vote on the amendment. Is there a second?
        Senator Carper. Second.
        Senator Barrasso. The Clerk will call the roll.
        The Clerk. Mr. Booker.
        Senator Booker. No. Oh, yes.
        Senator Carper. Thank you.
        The Clerk. Mr. Boozman.
        Senator Boozman. No.
        The Clerk. Mrs. Capito.
        Senator Capito. No.
        The Clerk. Mr. Cardin.
        Senator Cardin. Aye.
        The Clerk. Mr. Carper.
        Senator Carper. Aye.
        The Clerk. Mrs. Duckworth.
        Senator Carper. Aye, by proxy.
        The Clerk. Mrs. Ernst.
        Senator Ernst. No.
        The Clerk. Mrs. Fischer.
        Senator Fischer. No.
        The Clerk. Mrs. Gillibrand.
        Senator Gillibrand. Aye.
        The Clerk. Mr. Inhofe.
        Senator Inhofe. No.
        The Clerk. Mr. Markey.
        Senator Carper. Aye, by proxy.
        The Clerk. Mr. Merkley.
        Senator Merkley. Aye.
        The Clerk. Mr. Moran.
        Senator Moran. No.
        The Clerk. Mr. Rounds.
        Senator Rounds. No.
        The Clerk. Mr. Sanders.
        Senator Carper. Aye, by proxy.
        The Clerk. Mr. Shelby.
        Senator Shelby. No.
        The Clerk. Mr. Sullivan.
        Senator Sullivan. No.
        The Clerk. Mr. Van Hollen.
        Senator Van Hollen. Aye.
        The Clerk. Mr. Whitehouse.
        Senator Whitehouse. Aye.
        The Clerk. Mr. Wicker.
        Senator Wicker. No.
        The Clerk. Mr. Chairman.
        Senator Barrasso. No.
        The Clerk will report.
        The Clerk. Mr. Chairman, the nays are 11; the yeas are 10.
        Senator Barrasso. The yeas are 10; nays are 11. Carper No.
    1 is not agreed to.
        Now move to approve and report S. 1857 favorably to the
    Senate. Is there a second?
        Senator Inhofe. Second.
        Senator Barrasso. The Clerk will call the roll.
        The Clerk. Mr. Booker.
        Senator Booker. No.
        The Clerk. Mr. Boozman.
        Senator Boozman. Yes.
        The Clerk. Mrs. Capito.
        Senator Capito. Yes.
        The Clerk. Mr. Cardin.
        Senator Cardin. No.
        The Clerk. Mr. Carper.
        Senator Carper. No.
        The Clerk. Mrs. Duckworth.
        Senator Carper. No, by proxy.
        The Clerk. Mrs. Ernst.
        Senator Ernst. Yes.
        The Clerk. Mrs. Fischer.
        Senator Fischer. Aye.
        The Clerk. Mrs. Gillibrand.
        Senator Gillibrand. No.
        The Clerk. Mr. Inhofe.
        Senator Inhofe. Aye.
        The Clerk. Mr. Markey.
        Senator Carper. No, by proxy.
        The Clerk. Mr. Merkley.
        Senator Merkley. No.
        The Clerk. Mr. Moran.
        Senator Moran. Aye.
        The Clerk. Mr. Rounds.
        Senator Rounds. Aye.
        The Clerk. Mr. Sanders.
        Senator Carper. No, by proxy.
        The Clerk. Mr. Shelby.
        Senator Shelby. Aye.
        The Clerk. Mr. Sullivan.
        Senator Sullivan. Aye.
        The Clerk. Mr. Van Hollen.
        Senator Van Hollen. No.
        The Clerk. Mr. Whitehouse.
        Senator Whitehouse. No.
        The Clerk. Mr. Wicker.
        Senator Wicker. Aye.
        The Clerk. Mr. Chairman.
        Senator Barrasso. Aye.
        The Clerk will report.
        The Clerk. Mr. Chairman, the yeas are 10; the nays are 11.
        Senator Barrasso. This does pass.
        The ayes were 11?
        The Clerk. The yeas are 11; the nays were 10.
        Senator Barrasso. So, the motion, Senator Capito's bill,
    has passed.
        Next, I would like to call up S. 2461, the Blocking
    Regulatory Interference from Closing Kilns Act, the BRICK Act.
    It was circulated last Friday. An amendment has been withdrawn.
        I move to approve and report S. 2461 favorably to the
    Senate. Is there a second?
        Senator Wicker. Second.
        Senator Barrasso. The Clerk will call the roll.
        The Clerk. Mr. Booker.
        Senator Booker. No.
        The Clerk. Mr. Boozman.
        Senator Boozman. Yes.
        The Clerk. Mrs. Capito.
        Senator Capito. Yes.
        The Clerk. Mr. Cardin.
        Senator Cardin. No.
        The Clerk. Mr. Carper.
        Senator Carper. No.
        The Clerk. Mrs. Duckworth.
        Senator Carper. No, by proxy.
        The Clerk. Mrs. Ernst.
        Senator Ernst. Aye.
        The Clerk. Mrs. Fischer.
        Senator Fischer. Aye.
        The Clerk. Mrs. Gillibrand.
        Senator Gillibrand. No.
        The Clerk. Mr. Inhofe.
        Senator Inhofe. Aye.
        The Clerk. Mr. Markey.
        Senator Carper. No, by proxy.
        The Clerk. Mr. Merkley.
        Senator Merkley. No.
        The Clerk. Mr. Moran.
        Senator Moran. Aye.
        The Clerk. Mr. Rounds.
        Senator Rounds. Aye.
        The Clerk. Mr. Sanders.
        Senator Carper. No, by proxy.
        The Clerk. Mr. Shelby.
        Senator Shelby. Aye.
        The Clerk. Mr. Sullivan.
        Senator Sullivan. Aye.
        The Clerk. Mr. Van Hollen.
        Senator Van Hollen. No.
        The Clerk. Mr. Whitehouse.
        Senator Whitehouse. No.
        The Clerk. Mr. Wicker.
        Senator Wicker. Aye.
        The Clerk. Mr. Chairman.
        Senator Barrasso. Aye.
        The Clerk will report.
        The Clerk. Mr. Chairman, the yeas are 11; the nays are 10.
        Senator Barrasso. The yeas are 11; the nays are 10. We have
    approved S. 2461, which will be reported favorably to the
    Senate.
        The voting part of this business meeting is finished. I
    would be happy to recognize any members who wish to make a
    statement on the legislation, the nomination, or the
    resolutions that we have just approved.
        Would any member like to be recognized? If not--yes, sir,
    Senator Carper.
        Senator Carper. Mr. Chairman, I want to take just a couple
    minutes, now that we have marked up today, to discuss some of
    the things that my Democratic colleagues and I sought to amend.
    As someone who always tries to look for the positive, we have a
    lot here that we have agreed on, and I am happy about that.
        I was happy to see that we could come to a compromise on
    Senator Sullivan's Alaska diesel bill. I think we addressed a
    real tactical issue for remote areas of Alaska, while also
    trying to find ways we can better improve energy reliability
    and air quality for those areas. I thank Senator Sullivan and
    want to thank the Chairman and their staffs for working with
    our staff on this issue. I think it is a good compromise.
        Additionally, I have advanced legislation to reauthorize
    the Neotropical Migratory Bird Conservation Act today, and I
    want to thank Senator Cardin for his leadership on this issue.
    I feel bad about the Orioles but good about his legislation.
    Neotropical migratory birds are special to both of our States;
    in fact, to many States. People travel to the First State of
    Delaware to observe the red knots, which benefit from the
    Neotropical Migratory Bird Conservation Act.
        Further, we have considered Senator Capito's Target
    Practice and Marksmanship Training Support Act. This
    legislation enjoys bipartisan support. It is endorsed by the
    sportsman community as well.
        I am also pleased that we were able to add the Udall
    Foundation reauthorization bill to our agenda today. It was
    last updated in 2004, but this reauthorization provides needed
    updates to the Foundation. One of the changes included in the
    substitute amendment would be to rename the U.S. Institute for
    Environmental Conflict Resolution in honor of our friend, the
    late Senator John McCain, which I believe is a great tribute.
    On behalf of all of our colleagues, I thank the Chairman for
    including this provision.
        We also considered today the nomination of Harold Parker to
    be the Federal Cochair of the Northern Border Regional
    Commission. We heard from the nominee at a Transportation and
    Infrastructure Subcommittee hearing 2 weeks ago. I am pleased
    to support his nomination.
        I mentioned this before, but it bears worth repeating. Old,
    inefficient residential wood heaters produce the heat that a
    lot of families need, but they also produce a deadly mix of air
    pollution that can trigger asthma attacks, cause lung damage,
    and create real problems for air quality. I mentioned this
    before.
        I was stunned when I saw this. In Delaware alone,
    residential wood heaters are the second largest source of
    particulate matter pollution, second largest source,
    contributing more than on-highway vehicles plus electric
    utilities and petroleum industries combined. Think about that.
    Think about that.
        A 3-year delay in the standards that manufacturers are
    already meeting today just doesn't make sense to me, and I
    think we can do better. I presented another option in Carper
    Amendment No. 1. Without these changes, I could not support
    Senator Capito's bill.
        Second, we have Senator Wicker's bill, the BRICK Act, S.
    2461. This legislation delays air toxic Clean Air Act standards
    for the brick industry by 2 years. These are standards that
    should have been in place almost two decades ago, and EPA has
    already stated they are going to give the industry an extra
    year to comply. I have concerns about the public health
    implications of delaying standards even further, which is why I
    voted no on that bill.
        But Mr. Chairman, as you know, I am always pleased to work
    together with you and our colleagues whenever we can do so. As
    a result, we have made progress on a number of different fronts
    today. My thanks to everyone--our members and staffs alike--
    whose efforts helped make all that progress possible.
        On the other issues on which we disagree, we live to fight
    another day, or maybe to find consensus. We will see.
        Senator Barrasso. Thank you, Senator Carper.
        I do ask unanimous consent that the staff have authority to
    make technical and conforming changes to each of the matters
    approved today.
        Senator Rounds.

                OPENING STATEMENT OF HON. MIKE ROUNDS,
              U.S. SENATOR FROM THE STATE OF SOUTH DAKOTA

        Senator Rounds. Thank you, Mr. Chairman.
        Mr. Chairman, we have a pending nominee, Mr. Peter Wright,
    for Assistant Administrator of the EPA's Office of Land and
    Emergency Management. As you know, I chair the Environment and
    Public Works Subcommittee on Superfund, Waste Management, and
    Regulatory Oversight.
        In December 2017, we held a hearing on the challenges
    facing Superfund sites following natural disasters such as
    hurricanes. One of those challenges should not be a lack of
    personnel on hand to mitigate environmental damage. Yet even as
    we deal with the aftermath of Hurricane Florence, the Assistant
    Administrator of the EPA's Office of Land and Emergency
    Management, Peter Wright, has yet to be confirmed by the
    Senate.
        Now, I understand that by my request I am not asking that
    we swiftly confirm him, but I would ask that we perhaps take up
    this matter in a more expeditious manner and confirm Mr. Wright
    so that our Federal Government can more effectively deal with
    the environmental impacts of natural disasters.
        Senator Barrasso. Thank you, Senator Rounds. I would like
    to agree. When you take a look at North Carolina, South
    Carolina, the catastrophic flooding over the last several days,
    Hurricane Florence has taken a tremendous toll in terms of
    human lives, as well as billions of dollars in damage.
        In the midst of this suffering, the EPA has been without
    this Assistant Administrator for Land and Emergency Management,
    the Subcommittee which you chair. This is the official who is
    in charge of EPA's response to inland oil spills, chemical,
    biological, radiological releases, national emergencies,
    including hurricanes.
        The President nominated Peter Wright March 6th of this
    year, so it has been 195 days. He was cleared from this
    Committee, certainly, but the Senate Democrats have blocked the
    nomination. In fact, he has had to wait longer than any of his
    predecessors in the last 20 years.
        So, I agree it is time for the Democrats in the Senate to
    move and stop the blockage so we can get confirmation of Mr.
    Wright as soon as possible.
        If there are no other Senators who wish to speak?
        Senator Carper. I have a couple of unanimous consent
    requests, Mr. Chairman.
        Senator Barrasso. Senator Carper.
        Senator Carper. I want to ask unanimous consent to submit
    for the record a letter from environmental groups that are
    opposed to Senator Wicker's S. 2461, which would extend the
    compliance date for air toxic standards for the brick industry.
    That would be one UC request.
        Senator Barrasso. Without objection.
        [The referenced information follows:]

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        Senator Carper. A second UC request, I would like to ask
    unanimous consent to submit for the record letters from 23
    environmental health and State agency groups that are opposed
    to Senator Capito's wood heater legislation, S. 1857.
        Senator Barrasso. Without objection.
        [The referenced information follows:]

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        Senator Carper. And one more. I ask unanimous consent to
    enter into the record supplemental materials regarding the
    legislation we have advanced today.
        Senator Barrasso. Without objection.
        Senator Carper. Thank you so much.
        [The referenced information follows:]

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        Senator Barrasso. In closing, I am going to enter into the
    record a letter of support of S. 1857 from the Hearth and Home
    Technologies. By giving the industry a compliance extension,
    the letter says, S. 1857 would provide critical relief.
        [The referenced information follows:]

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        Senator Barrasso. With that, our business meeting is
    concluded, and we are adjourned.
        [Whereupon, at 10:33 a.m. the Committee was adjourned.]
        [Text of legislation and additional material follow:]

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