Environment, Manufacturing, & Critical Materials

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Energy, Climate, & Grid Security Subcommittee Chair Jeff Duncan (R-SC) sent a letter yesterday to the Federal Energy Regulatory Commission (FERC) Acting Chairman and Commissioners demanding to know how they plan to incorporate guidance from the Council on Environmental Quality (CEQ) in a way that does not jeopardize American energy security.   Excerpts and highlights from the letter:  “On January 9, 2023, the Council on Environmental Quality (CEQ) issued interim guidance entitled ‘National Environmental Policy Act (NEPA) Guidance on Consideration of Greenhouse Gas Emissions and Climate Change.’  “The stated goal of this guidance is to ‘assist Federal agencies in their consideration of the effects of greenhouse gas (GHG) emissions and climate change when evaluating proposed major Federal actions in accordance with NEPA...’ CEQ’s interim guidance took effect immediately for relevant agencies, including the Federal Energy Regulatory Commission (FERC or ‘Commission’). This vague guidance raises many concerns regarding how the Commission will follow its authorizing statutes in the issuance of permits for both natural gas and electric transmission infrastructure.   “While we understand this interim guidance is subject to change until the rule is finalized, we write to reiterate that NEPA, and especially the CEQ guidance, does not supplant the Commission’s core statutes for siting or permitting natural gas or electric transmission projects. Commissioner Christie pointed out in his dissent to the interim policy statement, entitled ‘Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews,’ that the Commission’s own regulations implementing NEPA reflect that very fact, ‘the Commission will comply with the regulations of the CEQ except where those regulations are inconsistent with the statutory requirements of the Commission.’ As such, we request that each of you answer the below questions no later than March 30, 2023.  Is it your opinion that the CEQ guidance requires the Commission to quantify upstream and downstream emissions from natural gas projects? If so, how will the Commission apply this in its regulations?  Is the CEQ guidance consistent with facilitating the orderly development of plentiful supplies of natural gas at reasonable prices, as is the intent of the Natural Gas Act? If so, please elaborate. If not, how can the Commission legally implement the guidance?  Does the Commission intend to revise and reissue its natural gas policy statements (Docket Nos. PL21-3-000 and PL18-1-000) in order to incorporate this CEQ guidance? Please explain.  Does the Commission plan to undertake an analysis or solicit public feedback on how implementing this CEQ guidance could affect the price or availability of natural gas and electricity, or the effect on the economy as a whole?”  CLICK HERE to read the full letter.  NOTE: Chairs Rodgers and Duncan sent a letter to FERC on March 3, 2023, demanding they explain why the commission has abandoned its core mission to help deliver abundant, reliable, and affordable energy for Americans. The letter specifically referenced examples when FERC has appeared to make decisions beyond its statutory authority in order to advance President Joe Biden and the Democrats’ rush-to-green agenda. CLICK HERE to read more. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement after the Environmental Protection Agency (EPA) announcing its “Good Neighbor” final rule, which compromises our grid reliability and threatens American energy security.  “The EPA’s so called ‘Good Neighbor’ plan is nothing more than the next phase in its effort to force power plants to shutter, leaving Americans without a viable energy supply to replace it. People across the country are being forced to give up basic necessities, like food and medicine, in order to afford skyrocketing energy bills. The last thing they need is a federal agency taking steps that drive reliable, affordable energy suppliers out of business. This will further increase costs and heighten the risk of blackouts. It is time for the EPA to reverse its expensive, dangerous effort to force an energy transition on Americans, jeopardize the reliability of our power grid, and shut down American energy.”  Note: To lower costs and ensure reliable energy, Chair Rodgers and Energy and Commerce Republicans are leading on H.R. 1 . It boosts energy production, lifts regulatory burdens for the construction of more energy infrastructure, cuts China out of our critical materials supply chains, and lowers costs across the board.

WASHINGTON, D.C. — Today, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) joined House Majority Leader Steve Scalise (R-LA), Natural Resources Committee Chair Bruce Westerman (R-AR), and Transportation and Infrastructure Committee Chair Sam Graves (R-MO), in introducing H.R. 1, the Lower Energy Costs Act , to tackle the energy crisis caused by President Biden’s disastrous policies. The bill will be considered on the House Floor in the last week of March.  The Lower Energy Costs Act restores American energy independence by:  Increasing domestic energy production  Reforming the permitting process for all industries  Reversing anti-energy policies advanced by the Biden Administration  Streamlining energy infrastructure and exports  Boosting the production and processing of critical minerals  “From the gas station to the grocery store, President Biden’s war on energy is making life unaffordable for the hardworking people of this country and forcing us to be dangerously reliant on supply chains controlled by the Chinese Communist Party. We must reverse course. H.R. 1 boosts energy production, lifts regulatory burdens for the construction of more energy infrastructure, cuts China out of our critical materials supply chains, and lowers costs across the board. All of this will ensure we build a better and more secure future in America,” said Energy and Commerce Committee Chair Cathy Rodgers.  “For the last two years, President Biden and his extremist friends in Washington have waged a war on American energy, and hard-working families across the country are paying the price. Gas and utility costs have skyrocketed to record highs, with the average American paying over 40 percent more for gas at the pump since President Biden took office. Voters gave Republicans the majority in Congress to stop this radical anti-American energy agenda, and to take action that will lower prices, and House Republicans listened. I am proud to introduce today H.R. 1, the Lower Energy Costs Act, to cut red tape and increase energy production here at home so we can lower energy costs and stop our dependence on hostile foreign countries for our energy and minerals. With today’s introduction of the Lower Energy Costs Act, we will show the country how to end the war on American energy, become energy independent again, and lower costs for hard-working families who are struggling under the weight of President Biden’s radical agenda,” said Majority Leader Steve Scalise. “I want to thank Speaker Kevin McCarthy and Chairs Cathy McMorris Rodgers, Bruce Westerman, and Sam Graves for joining me in bringing the Lower Energy Costs Act to the House Floor, and I look forward to its passage.”  "Last Congress, House Republicans established our Energy, Climate, and Conservation Task Force to develop energy policies that meet the real needs of our constituents and our country. H.R. 1, The Lower Energy Costs Act, is a culmination of that promise. This bill counters President Biden’s attack on our domestic energy, and includes permitting reforms that will speed construction for major infrastructure projects across the country. I commend Majority Leader Steve Scalise, Chairs Cathy McMorris Rodgers, Bruce Westerman, and Sam Graves, as well as every member who spent the past 18 months dedicated to lowering energy costs for American consumers. Because of those efforts, we now have a bill that will grow our economy, strengthen our national security, and ensure clean, affordable, American energy can power the world,” said Speaker Kevin McCarthy .  "Energy security is national security. Republicans are delivering on our promises to the American people by unleashing the full power of our energy and minerals, cutting permitting delays, creating jobs, growing our economy, and dealing a blow to China and Russia. At long last, H.R. 1 will give Americans the tools to tap into our resources and build stronger, more resilient communities than ever before. When families no longer have to worry about how they'll afford to fill up their gas tanks or turn on a light switch, they have the necessary breathing room to invest in our economy. I believe our best years as a country are still ahead, but we won't get there by taking a backseat and outsourcing an ever-growing demand for natural resources to our foreign adversaries. We are taking back control, putting America first and unlocking access to the cleanest, safest energy production the world has ever seen," said House Committee on Natural Resources Chair Bruce Westerman.  “Addressing America’s ongoing energy crisis is one of the most important actions this Congress can take. The last thing we need is to be dependent on foreign energy, especially when we can produce and distribute energy here in the United States and maintain our environmental standards at the same time. This legislation will prevent federal water regulations from being hijacked and weaponized to block important energy projects, and I’m proud to have the Transportation and Infrastructure Committee’s work included as part of H.R. 1’s commonsense and comprehensive approach to solidifying our energy independence,” said Transportation and Infrastructure Committee Chair Sam Graves.  Click here for an overview of the bill.  Click here for a section-by-section summary of the bill.  Click here for a summary of the Energy and Commerce Committee components of the bill.  Click here for a summary of the Natural Resources Committee components of the bill.  Click here for a summary of the Transportation and Infrastructure components of the bill. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy Rodgers (R-WA), Environment, Manufacturing, and Critical Materials Subcommittee Chair Bill Johnson (R-OH), and Subcommittee Vice Chair Rep. John Joyce (R-PA) sent letters today to the Ohio Environmental Protection Agency (EPA) and the Pennsylvania Department of Environmental Protection (DEP) requesting information about their response to the train derailment in East Palestine, Ohio. “The recent train derailment in East Palestine, Ohio has upended the lives of the residents in that community and threatened the surrounding communities in places like Western Pennsylvania. The people in these communities deserve full transparency from federal and state environmental protection officials to better understand what happened with this derailment and the extent to which their air, water, and soil has been contaminated,” said Rodgers, Johnson, and Joyce. “Today, we are asking Ohio EPA Director Anne Vogel and Pennsylvania DEP Acting Secretary Richard Negrin to provide information to Energy and Commerce regarding their overall response and the actions they are taking to address the various hazards resulting from this month’s derailment. ” To help the Committee better understand what happened with this train derailment and its aftermath, members asked Ohio EPA Director Anne M. Vogel and Pennsylvania DEP Acting Secretary Richard Negrin to provide: A timeline of all the events related to the train’s derailment in East Palestine, including releases of any chemical substances caused by the accident, response actions taken to address various hazards presented by the derailment, and testing of air, water, or soil for contamination related to derailment. Details for all the chemical substances that were being transported on the train and their quantities. Who is overseeing this response and the details of Ohio EPA’s and Pennsylvania DEP’s work with Federal, state, and local officials, as well as any non-government entities. All the parties – and their jurisdiction – that Ohio EPA’s and Pennsylvania DEP’s have been coordinating with in responding to the derailment, in containing any pollutants, or in testing or monitoring pollutants in the environment. Any information that Ohio EPA’s and Pennsylvania DEP’s have regarding the “controlled burn,” including the reasons for that action, who made the decision to take that action, and any resulting environmental impacts from that “controlled burn,” such as airborne emissions. The results of environmental testing in the area and any detections above threshold levels. Information regarding water and air testing, members requested confirmation that these tests are being performed, who is leading it—and whether private contractors are being used—and the results of those tests. Information on efforts being undertaken by Ohio EPA, Pennsylvania DEP, and other state agencies help residents of the affected community understand the risks currently present to them so they are comfortable making decisions about returning to their homes. Information regarding the specific legal authority Ohio EPA and Pennsylvania DEP are using to respond to the issues involved with the derailment. CLICK HERE to read the full letter and complete list of information Chair Rodgers and Subcommittee Chair Johnson are requesting from Ohio EPA. CLICK HERE to read the full letter and complete list of information Chair Rodgers, Subcommittee Chair Johnson, and Subcommittee Vice Chair Joyce are requesting from Pennsylvania DEP. Note: Chair Rodgers and Subcommittee Chair Johnson sent a letter to Environmental Protection Agency Administrator Michael Regan on February 17, 2023 requesting information about the agency’s response efforts in East Palestine, Ohio. CLICK HERE to read the full letter to EPA Administrator Regan. The EPA’s deadline to respond to this letter is March 3, 2023.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), Subcommittee on Health Chair Brett Guthrie (R-KY), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), Subcommittee on Innovation, Data, and Commerce Chair Gus Bilirakis (R-FL), Subcommittee on Environment, Manufacturing, and Critical Materials Chair Bill Johnson (R-OH), and Subcommittee on Energy, Climate, and Grid Security Jeff Duncan (R-SC) wrote to the heads of the Department of Energy, Department of Health and Human Services (HHS), Environmental Protection Agency (EPA), and Department of Commerce laying out expectations for intergovernmental cooperation regarding oversight. As Chair Rodgers said in the full committee markup of Energy and Commerce’s Authorization and Oversight Plan for the 118th Congress, “We have a responsibility to conduct oversight to get answers on behalf of those we serve and to ensure accountability so the government is responsive to the American people.” The members outline the below seven principles for each agency or department to comply with Congressional requests and provide answers the American people deserve. 1. For all requests or questions, please reproduce the requests or questions presented in a written letter with the department or agency response. 2. In the spirit of comity and inter-branch accommodation, your department or agency should endeavor to cooperate as much as possible with committee oversight requests. If your department or agency has determined it will not voluntarily cooperate with the requests, please provide electronic written notice within two business days specifying which requests you are declining to cooperate with and the stated reasons for voluntary noncooperation. 3. Your department or agency should make a determination on whether certain requests cannot be fulfilled as presented. Provide electronic written notice within one business week of receipt of the request about such determinations, stating the reasons why. If there is an alternative approach that could address the Committee’s request, then such an alternative approach should be suggested in the interests of comity and inter-branch accommodation. 4. If the department or agency needs clarification about a Committee request, your staff should make good faith efforts to contact Committee staff for assistance as soon as possible. 5. We expect your department or agency to provide a written response to our oversight requests within two weeks of receipt of the letter. If the department or agency needs additional time to respond to Committee requests, your staff should make good faith efforts to contact Committee staff for assistance as soon as possible. 6. If your department or agency has determined that certain requested documents cannot be produced pursuant to a privilege or other legal basis, your department or agency should submit an index of the withheld documents and the privilege asserted within two business weeks of receipt of the request letter. 7. If your department has determined that a requested witness cannot be made available pursuant to a privilege or other legal basis, your department or agency should submit in writing an explanation of the privilege or other legal basis asserted within two business weeks of receipt of the request letter. CLICK HERE to view the letter to Energy Secretary Jennifer Granholm. CLICK HERE to view the letter to HHS Secretary Xavier Becerra. CLICK HERE to view the letter to EPA Administrator Michael Regan. CLICK HERE to view the letter to Commerce Secretary Gina Raimondo.

On President Biden’s first day in office, he shut down the Keystone XL pipeline and eliminated 11,000 good paying American jobs with the stroke of a pen.   This sent a signal—the wrong signal—that the Biden administration would make it harder for American energy producers, refiners, and workers to unleash domestic production.   Cancelling the Keystone XL pipeline was only the first of many attacks from this administration on American energy production. Since then, President Biden’s anti-American energy actions have included:  Suspending oil and gas leasing on federal lands  Delaying permits for energy infrastructure and pipelines  Draining our strategic petroleum reserves, compromising both our energy and national security  Begging foreign regimes like Saudi Arabia, Iran, and Venezuela for more oil  Emboldening Putin with Nord Stream II  President Biden’s commitment to “no more drilling”—stated as recently as this month at a political event—and his administration’s growing list of burdensome executive proposals have caused U.S. refining capacity to decrease two years in a row. As reported by  Forbes , “If you are a refiner forecasting billions in losses—and you require massive investments in order to keep your refinery operating safely and in compliance with the laws—you may very well make the decision to close down.”  Yet recently, the Environmental Protection Agency (EPA) has continued taking steps to enhance the regulatory burden on American refineries, which will make gas even more unaffordable for people.   That’s why E&C Republican Leader Cathy McMorris Rodgers (R-WA) co-authored a letter to President Biden raising concerns about the negative impacts of the EPA’s new Risk Management Program (RMP) proposal, particularly on the refining industry. This proposal could jeopardize as much as half of the United States’ refining capacity. Here are several highlights from the letter:  “This regulatory proposal, the scope of which exceeds the controversial rule finalized by the Obama EPA,  will do little to nothing to improve workplace safety but instead drastically raise fuel costs—contrary to President Biden’s promise to ‘use every tool’ at the Administration’s disposal to lower the price of gasoline for the average American. “The Risk Management Program (RMP) has helped industry and regulators form consensus on process safety standards and best practices, while also appropriately communicating levels of risk to the public. However, EPA’s recently proposed rule departs from prior practice for the RMP program, raising questions about how useful this rule will be in protecting workers and the public.  EPA’s proposal adds costly, burdensome, and ineffective requirements on regulated facilities, including domestic fuel refiners  that are not comparable with the alleged safety benefits.” […] “If implemented as proposed, we understand that this rule has the potential to significantly impede domestic gasoline production, impacting supply chains and increasing costs for consumers. In other words,  this rule will be directly responsible for increasing consumer prices at the pump and exacerbating America’s high inflation rate.” […] “Importantly, many of the proposed rule’s suggested ‘alternatives’ have not been demonstrated at scale and EPA’s proposal does not discuss the risks associated with alternative technologies. Risk shifting to alternative technology is inappropriate without the Agency focusing a critical lens on potential adverse consequences of the replacements. ” […] “Any proposed update to the RMP must be supported by a strong data and evidence, rather than driven by ideology.  It must also not compromise safety nor adversely impact US energy and economic security.”   Despite what the EPA claims,  this   proposed RMP regulation will do little to improve workplace safety. Instead, it will hurt domestic fuel refiners and cause already expensive gas prices to surge even higher.  Hardworking Americans are already suffering under 40-year high inflation rates—they can’t afford more pain at the pump. The last thing Americans need is an energy transition forced on them through government regulations and subsidies that favor foreign sources of energy over the abundant supplies we have right here in the U.S.   If President Biden wants to make good on his promise to “use every tool” to lower the cost of gas, he needs to borrow some of our tools that would end his war on American energy producers, refiners, and workers.   Energy and Commerce Republicans will cut the red tape and help flip the switch to unleash more American energy production, build energy infrastructure, and increase our refining capacity. This is the best way to fight inflation, reduce emissions, and improve people’s quality of life. CLICK HERE  to read the full letter to the EPA. CLICK HERE  to read more about E&C Republican solutions.