Sen. Cramer Presses EPA Nominee on Clean Power Plan Replacement Efforts at EPW Hearing

Press Release

U.S. Senator Kevin Cramer (R-ND) pressed Joseph Goffman, nominee to be Assistant Administrator for the Office of Air and Radiation at the U.S. Environmental Protection Agency (EPA), on the Biden Administration's plan to replace the Clean Power Plan at a Senate Environment and Public Works hearing.

Senator Cramer called out the EPA's bait-and-switch tactics in the Clean Power Plan in regards to emission reductions targets during the Obama Administration.

"There was some engagement and one of the concerns at least in North Dakota, and one of the concerns we have going forward is that the proposed rule said that North Dakota could reduce emissions by 11%. And because of that proposed rule and that low number, the principle of not having authority over in [the Clean Air Act Section] 111(d) and inside the fence line, they were willing to sort of waive that principle and accept it even though it was they didn't believe it was legal, because 11% was doable and we'd all work with you to get that done. And as you know, the final rule was 45%, which resulted in a successful arbitrary and capricious argument. How did this bait-and-switch from 11% to 45% happen?" asked Senator Cramer.

"We certainly weren't intending to do a bait-and-switch. We had three key ideas in mind. One, we thought that we were operating entirely within our legal authority. Two, we thought that we were setting standards that were entirely achievable. But we were also -- and this third part was equally important -- we thought we offered the utility sector, the electricity sector, broad flexibility in achieving, say on a multi-state or regional basis, the overall standard," responded Mr. Goffman.

In response to Mr. Goffman's earlier comments on "extensive outreach," Senator Cramer asked if North Dakota stakeholders, particularly the Public Service Commission (PSC) and Department of Environmental Quality (DEQ), had been included in outreach efforts. Mr. Goffman acknowledged he had not reached out to either entity.

"You said you're engaged in, to use your term, "extensive outreach to stakeholders' and you listed utilities, system operators, public utility commissions, and co-regulators," said Senator Cramer. "If I was to call say the three Public Service Commissioners in North Dakota -- Commissioner Christmann, Fedorchak, and Haugen-Hoffart or Dave Glatt at the [Department of Environmental Quality], would they confirm you've engaged in extensive outreach in drafting these options?"

"Thank you for giving me those names because I was going to ask you who I should be talking to. And now I have the answer," responded Mr. Goffman. "I believe at least in terms of my discussions, they have not [been engaged]. We have met with members of the National Association of Regulated Utility Commissions (NARUC). We are planning after the Supreme Court's Case comes down to do another round of outreach and engagement."

Senator Cramer concluded with a plea for federalism to be the foundation of any final regulation noting North Dakota is one of four states to have never violated EPA's ambient air quality standards.

"North Dakota is one of four states in the lower 48 who has never violated their ambient air quality standards. We think we do it pretty well. We like our primacy. We don't want federal mediocrity imposed upon us. So we take great exception when the federal government overreaches its boundaries with us. I would encourage you to [talk with our PSC Commissioners] because at the end of the day, to me as a former state regulator, and as a common-sense American, the thing that's missing, frankly, in our federal government these days is federalism. It's foundational to the success of our country and we have empowered the administrative state to the point where now we're in court all the time. Let's just trust the good states of our country," concluded Senator Cramer.

Source