[Senate Hearing 117-133]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-133

                            BUSINESS MEETING

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

                                MEETING

                                 OF THE

                              COMMITTEE ON
                      ENVIRONMENT AND PUBLIC WORKS

                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION
                               __________

                            DECEMBER 1, 2021
                               __________

  Printed for the use of the Committee on Environment and Public Works
  
  
               [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]  
               

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

                               __________
                               
                   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

                              ----------                              
                                                                   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

                              ----------                              


                      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:]

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
                                 [all]