Source: United States Senator Kevin Cramer (R-ND)
“You’re not talking to people who actually do this every single day.”
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WASHINGTON – U.S. Senator Kevin Cramer (R-ND) questioned Joe Goffman, nominee to be Assistant Administrator of the Environmental Protection Agency’s (EPA) Office of Air and Radiation (OAR), before the Senate Environment and Public Works (EPW) Committee. Specifically, he pressed Mr. Goffman about his failure to contact North Dakota regulators after committing to the Senator he would during his last hearing. Senator Cramer also contrasted North Dakota’s effective methane regulations with those of the federal government. Excerpts and full video are below.
Senator Cramer demonstrated the proven value of cooperative federalism, citing his time serving as a utility regulator for North Dakota’s Public Service Commission. He explained how Mr. Goffman’s proposed Clean Power Plan, which was a bait-and-switch on North Dakota and states nationwide, exemplifies the exact opposite of cooperative federalism.
“I was a utility regulator through a lot of the SOx, NOx, mercury, particulate matter reductions, and guess what we did in those days? We had cooperative federalism where the federal agencies, and the state agencies, and the stakeholders were all in it together. They spent millions and millions of dollars to make these upgrades for the benefit of the people we serve. We didn’t have what we see today.”
“Your proposed Clean Power Plan rule back in the day would have required North Dakota to reduce its emissions 11%. We weren’t crazy about that, and our stakeholders weren’t crazy about it, but we knew it was doable and we were willing to do our part. And then, when the final rule came it, it was 400% greater than the 11% – the bait-and-switch I’ve talked about.”
Senator Cramer then pressed Mr. Goffman for an explanation as to why he did not reach out to North Dakota regulators, despite committing to coordinating with them last year.
“Last time you were here, which was in May 2022, so nine months ago, I asked you a question about working with my state regulators – the three Public Service Commissioners and DEQ Director. You said something to the effect of, ‘I’m glad you asked that, because I was actually going to ask for their contact information so we can reach out.’ So, I reached out to them last week. In the last nine months, they have not heard from you or anyone in your shop to talk about the replacement rule. Are they wrong? Did they just forget? Did you forget?” asked Senator Cramer.
“Thank you for pointing that out, Senator. I’m disappointed in myself in not having ensured that we made those contacts, but I hope you and your colleagues in North Dakota are willing to go with ‘better late than never,’ responded Mr. Goffman. “[…] What I anticipate we’ll do – and now that you brought this up, I’ll make sure we’ll do – is, as proposals are being publicly shared for comment, well before we finalize them, we’ll engage directly with your colleagues in North Dakota.”
Finally, Senator Cramer discussed the efficacy of North Dakota’s methane regulations compared to the duplicative, burdensome proposals from the federal government.
“In North Dakota, 95% of methane is captured on state and private land, 59% on [some] federal and tribal land. In other words, North Dakota’s excellence doesn’t really want to yield to the federal government’s mediocrity,” said Senator Cramer. “Again, cooperative federalism would go a long way if you didn’t impose new restrictions on the excellent states, but rather work with them to empower them a little more – then, you might get a better outcome.”
Background:
In May 2022, Senator Cramer questioned Mr. Goffman about the Biden Administration’s plan to replace the Clean Power Plan at a Senate EPW hearing. In July, he issued a statement opposing Mr. Goffman’s nomination to his current post.