    [Senate Hearing 118-708]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 118-708

                                BUSINESS MEETING

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

                                    MEETING

                                     of the

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION
                                   __________

                                 APRIL 26, 2023
                                   __________

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

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                       U.S. GOVERNMENT PUBLISHING OFFICE

    61-429                     WASHINGTON : 2025

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION

                      THOMAS R. CARPER, Delaware, Chairman
              SHELLEY MOORE CAPITO, West Virginia, Ranking Member

    BENJAMIN L. CARDIN, Maryland         KEVIN CRAMER, North Dakota
    BERNARD SANDERS, Vermont             CYNTHIA M. LUMMIS, Wyoming
    SHELDON WHITEHOUSE, Rhode Island     MARKWAYNE MULLIN, Oklahoma
    JEFF MERKLEY, Oregon                 PETE RICKETTS, Nebraska
    EDWARD J. MARKEY, Massachusetts      JOHN BOOZMAN, Arkansas
    DEBBIE STABENOW, Michigan            ROGER WICKER, Mississippi
    MARK KELLY, Arizona                  DAN SULLIVAN, Alaska
    ALEX PADILLA, California             LINDSEY O. GRAHAM, South Carolina
    JOHN FETTERMAN, Pennsylvania

                   Courtney Taylor, Democratic Staff Director
                   Adam Tomlinson, Republican Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                 APRIL 26, 2023

                               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

                              ADDITIONAL MATERIAL

    Letter to Senator Carper, Senator Capito and Senator Boozman from
      the Institute of Scrap Industries, Inc.........................     6
    Letter to Senator Carper, Senator Capito and Senator Boozman from
      American Chemistry Council.....................................     8
    Letter to Senator Carper and Senator Capito from American
      Cleaning Institute.............................................    10
    Letter to Senator Carper, Senator Capito and Senator Boozman
      from:
        American Beverage............................................    11
        Ameripen.....................................................    12
        AMP Robotics.................................................    16
    Letter to Senator Carper, Senator Capito, Senator Rodgers, and
      Senator Pallone from several undersigned organizations who
      would like to work to improve and pass the Recycling and
      Composting Accountability Act (RCAA) and the Recycling
      Infrastructure and Accessibility Act...........................    19
    Letter to Senator Carper and Senator Capito from Consumer Brands
      Association....................................................    20
    Letter to Senator Carper from:
        Glass Packaging Institute....................................    21
        World Wildlife Fund..........................................    24
    Letter to Senator Carper and Senator Capito from Ball Corporation    25
    Letter to Senator Carper, Senator Capito and Senator Boozman from
      National Association of Manufacturers..........................    27
    Letter to Senator Carper and Senator Boozman from Novelis, Inc...    28
    Article from The National Waste & Recycling Association: NWRA
      Applauds Reintroduction of Bipartisan Recycling and Composting
      Bills..........................................................    29
    Letter to Senator Capito from Novelis, Inc.......................    30
    Letter to Senator Carper, Senator Capito and Senator Boozman from
      the Paper Recycling Coalition..................................    31
    Article from Plastics Industry Association: Plastics Industry
      Association Supports Bipartisan Legislation to Improve
      America's Recycling Infrastructure.............................    33
    Letter to Senator Carper, Senator Capito and Senator Boozman from
      the Aluminum Association.......................................    35
    Letter to Senator Carper and Senator Capito from Recycling
      Infrastructure Now.............................................    37
    Article from Sustainable Food Policy Alliance: SFPA Statement on
      the Reintroduction of Bipartisan Recycling Legislation.........    39
    Letter to Senator Carper from Tetra Pak..........................    41

                                BUSINESS MEETING

                                  ----------

                           WEDNESDAY, APRIL 26, 2023

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The committee, met, pursuant to notice, at 9:47 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, Stabenow, Kelly, Padilla,
    Fetterman, Boozman, Ricketts.

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

        Senator Carper. Good morning, everyone. I call this
    business meeting to order. I thank all of you for joining us
    today as we consider two of President Biden's nominees to
    important leadership posts at the Environmental Protection
    Agency (EPA), as well as bipartisan recycling legislation that
    Senator Capito and myself and a number of us here have worked
    on.
        First, we are going to vote when we have the right number
    of people here. I think we are pretty close. We are going to
    vote on Joe Goffman, President Biden's nominee to be the
    Assistant Administrator for the Office of Air and Radiation at
    EPA.
        Throughout his career, Mr. Goffman has demonstrated
    dedication to public service and a deep sense of integrity. He
    has implemented the law in a way that provides cleaner air and
    a safer climate for all, while also giving industry
    predictability and certainty. I have long supported his
    nomination, and I look forward to advancing him today.
        Next, we are going to be voting on David Uhlmann, President
    Biden's nominee to be Assistant Administrator of the Office of
    Enforcement and Compliance Assurance at EPA.
        As a distinguished public servant with 17 years of
    experience as a Department of Justice prosecutor, including 7
    years as Chief of the Environmental Crime Section, Mr. Uhlmann
    is exceptionally qualified to lead EPA's critical enforcement
    functions. I will vote yes to advance both these nominees, and
    I urge our colleagues to do the same.
        In addition, we will be considering the Recycling
    Infrastructure and Accessibility Act and the Recycling and
    Composting Accountability Act. These two bipartisan bills would
    help address our Nation's recycling and composting challenges
    by improving recycling access and data collection. If they look
    familiar, they should, because we voted and reported them out
    of here, and the Senate has supported them in a previous
    Senate.
        I thank Senator Capito, and I want to thank Senator Boozman
    for their very thoughtful collaboration with me and our staffs
    on developing this legislation. I urge our colleagues to join
    us in voting yes on both of these bills.
        With that, let me turn it over to Senator Capito for her
    statement, and then we will have some votes. Thank you.

            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 the business meeting.
        Today, as you said, we are considering two recycling bills
    that you and I have worked on since the last Congress. We are
    voting on your and Senator Boozman's bill that I am pleased to
    cosponsor, the Recycling and Composting Accountability Act, as
    well as my bill, the Recycling Infrastructure and Accessibility
    Act. I have heard a lot about this from folks that are really
    excited on the outside to really jumpstart a better recycling
    regime. Thank you for that.
        The full Senate understood the value of our efforts, and
    both bills passed by unanimous consent last year. We are
    passionate about recycling, including improving access to it in
    rural communities, and we will continue to push for enactment
    of these sensible pieces of legislation.
        I expect we will report out David Uhlmann's nomination by
    voice vote. Mr. Uhlmann has been nominated to lead the EPA's
    Office of Enforcement and Compliance Assurance. Last Congress,
    when we considered this nomination, I could not support him
    because of the agency's failure to be responsive to my
    oversight request. I have observed a considerable improvement
    in the EPA's responsiveness and communication with me and
    members of my staff, so I am comfortable in reporting Mr.
    Uhlmann's nomination today.
        However, I do remain firm in my opposition to the
    nomination of Joe Goffman to serve as the Assistant
    Administrator of EPA's Office of Air and Radiation. I cannot
    support Mr. Goffman's nomination because of the misguided
    policy he has developed and shepherded over years, both for the
    Obama administration and during the Biden Administration.
        My opposition to his nomination is no secret, but I do want
    to highlight some of the recent policies out of EPA that have
    deepened my opposition. In the last 5 months, the EPA has
    inflicted considerable additional damage on our economy through
    overreaching air regulations and announced plans to issue even
    more.
        The agency imposed a Federal implementation plan on States
    across the Country, an action I have dubbed the Headwind Rule
    because of the economic headwinds it imposes on electricity
    prices, the energy sector, and other critical industries in
    this Country. The rule imposes $14 billion in additional costs,
    all as inflation and energy prices remain high.
        This rule is a particular headscratcher, because it will
    not actually help any areas that have elevated pollution to
    meet their air quality standards. The Headwind Rule is now
    being followed by a stream of additional regulations, all
    targeting the power sector.
        This month, the EPA proposed to tighten emissions standards
    on power plants under Section 112 of the Clean Air Act, even
    though current standards already protect public health with an
    ample margin of safety. As major newspapers are reporting, we
    will soon see an EPA proposal to establish punishing carbon
    dioxide emissions standards as the Biden Administration
    attempts to replace the illegal Clean Power Plan. This
    onslaught of regulations on power plants has one clear goal:
    drive a stake in the coal industry and squeeze natural gas use.
        As soon as he got to office, President Biden made an
    international pledge that reasonable people knew he could not
    keep, which was to drive down greenhouse gas emissions at
    impossible rates, 50 to 52 percent below year 2005 levels by
    year 2030. Recent reports from academics and analysts have
    concluded that the only way to get close to that pledge and for
    the Biden Administration to save face on this botched promise
    is to throw down the regulatory hammer on the electricity
    sector. Even the bloated, reckless spending from the Democrats'
    Inflation Act cannot get the economy there.
        So the EPA under Mr. Goffman's leadership is furiously
    developing regulations to try to get close to that misguided
    pledge. I oppose Mr. Goffman because of the policies he has
    developed and is developing at unjustifiable cost and ignoring
    legal limits. These policies will hurt workers, businesses,
    families, and the communities that I represent.
        With that, I yield back to you, Chairman Carper.
        Senator Carper. Thanks very much.
        I think we are going to go ahead. Senator Boozman, do you
    want to say anything about the recycling bills? Thanks so much
    for your work on them.
        Senator Boozman. No, the only thing I would say is, we
    appreciate you and Senator Capito being such leaders in this
    effort. This is something we can all be very proud of. We just
    need to work hard and get it passed totally.
        Senator Carper. Thanks for being the wind beneath our
    wings. You really have been, too.
        Senator Boozman. I will take that.
        Senator Carper. Yes, there you go. It is one of the nicer
    things you have been called, I am sure.
        [Laughter.]
        Senator Carper. Next, we are going to call up the
    nomination of Joseph Goffman, Number 119, of Pennsylvania to be
    Assistant Administrator for the Office of Air and Radiation 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. Thanks for the second.
        The Clerk will call the role.
        The Clerk. Mr. Boozman.
        Senator Boozman. No.
        The Clerk. Ms. Capito.
        Senator Capito. No.
        The Clerk. Mr. Cardin.
        Senator Cardin. Aye.
        The Clerk. Mr. Cramer.
        Senator Capito. No, by proxy.
        The Clerk. Mr. Fetterman.
        Senator Carper. Yes, by proxy.
        The Clerk. Mr. Graham.
        Senator Capito. No, by proxy.
        The Clerk. Mr. Kelly.
        Senator Kelly. Aye.
        The Clerk. Ms. Lummis.
        Senator Capito. No, by proxy.
        The Clerk. Mr. Markey.
        Senator Markey. Aye.
        The Clerk. Mr. Merkley.
        Senator Merkley. Aye.
        The Clerk. Mr. Mullin.
        Senator Capito. No, by proxy.
        The Clerk. Mr. Padilla.
        Senator Padilla. Aye.
        The Clerk. Mr. Ricketts.
        Senator Ricketts. No.
        The Clerk. Mr. Sanders.
        Senator Sanders. Aye.
        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. Aye.
        The Clerk. Mr. Chairman, the yeas are ten, the nays are
    nine.
        Senator Carper. The nomination is favorably reported.
        Next, I call up the Presidential Nomination Number 118 of
    David Uhlmann of Michigan to be the Assistant Administrator for
    the Office of Enforcement Compliance Assurance of the
    Environmental Protection Agency.
        We will consider this nomination by voice vote. I
    understand there may be several members on the committee who
    would like, after we have done a voice vote, to be recorded as
    no. If you would like to do that, just let us know, and we will
    make sure that happens.
        I move to report this nomination favorably. Is there a
    second?
        Senator Cardin. Second.
        Senator Carper. It has been moved and seconded. All in
    favor, say aye.
        [Chorus of ayes.]
        Senator Carper. Opposed, say nay.
        [No audible response.]
        Senator Carper. The ayes have it. In the opinion of the
    chair, the ayes have it. The nomination will be favorably
    reported.
        I note for the record that a voting quorum of the committee
    is present.
        Next, I want to call up Senate Bill 1189, the Recycling
    Infrastructure and Accessibility Act of 2023 and S. 1194, the
    Recycling and Composting Accountability Act. We will consider
    these two bills en bloc by voice vote.
        I move to report these items favorably. Is there a second?
        Senator Cardin. Second.
        Senator Carper. It has been moved and seconded. 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 have
    it. The two bills will be favorably reported. I note for the
    record, the voting quorum of the committee is present.
        This concludes the committee's votes as part of the
    business meeting today. I really want to thank everybody for
    making time to be here this morning and taking care of
    business.
        With that, Senator Capito, anything else that you would
    like to say before we jump into the hearing part?
        Senator Capito. No, I am ready to go.
        Senator Carper. OK. Anybody want to say anything before we
    jump into the hearing before us today?
        With that, the business meeting is adjourned. Again, our
    thanks to everybody for making time to join us today.
        [Whereupon, at 9:56 a.m., the committee proceeded to other
    business.]

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