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