On April 19th 2023, the House Agriculture Committee held an oversight hearing of the EPA. The sole witness in the hearing was Environmental Protection Agency (EPA) Administrator Michael Regan.
Below are some high-level takeaways on some of the key issues covered in the hearing prepared by Delta Strategy Group.
OPENING STATEMENTS
Chairman GT Thompson (R-PA)
There are no greater stewards of conservation and the environment than farmers. Farmers are dealing with nonsensical policies and regulations from the Biden administration. EPA has tried to dictate how and what farmers grow and is dedicating its funding to climate change initiatives. The EPA’s pesticide rules are directly in conflict with farmer’s work to incorporate certain regenerative agriculture practices. Producers have relied on science-based pesticide review processes, but EPA is now working to restrict or ban important pesticides farmers rely on. The EPA is also constantly reworking WOTUS, which deprives landowners and farmers from having certainty.
Ranking Member David Scott (D-GA)
We must ensure that Americans can enjoy both a bountiful food supply and clean water and air. The IRA made unprecedented investments in rural infrastructure so that address climate issues as well as ensure farmers have the resources they need. We will continue this work as we work towards the farm bill.
Michael Regan, Administrator, EPA
The administration is working within the 2018 farm bill to reinvigorate federal interagency coordination on pesticide regulations. I am committed to following the best science and the law, and we are working to bring greater predictability to farmers with an accelerated pesticide review process.
Getting the RFS back on track has been a key priority for me, and our finalized RVOs will place the program on a stable trajectory. We have received substantial stakeholder input during this comment period, and we are working to consider this input along with input from USDA and Congress.
The final WOTUS rule defines cropland consistent with USDA’s definitions, and we are committed to working with USDA to implement the rule in a clear and consistent way. WOTUS does not change existing farming activities that do not require permitting. The ag community was prominently represented as we considered this rule.
DISCUSSION TOPICS
Biofuels
- Administrator Regan was pressed by a number of Committee members, including Ranking Member David Scott (D-GA), to raise Renewable Fuel Standard (RFS) Renewable Volume Obligations (RVOs). Rep. Scott in particular pressed Regan to increase blending targets for biomass-based diesel.
- Members of the Committee also pressed Regan on the EPA’s proposed regulation that would set the strictest tailpipe emission limits ever for 2027-2032 model vehicles. Many said that these new restrictions, aimed at encouraging the production and purchase of electric vehicles, are overly restrictive and undercut the administration’s stated efforts to increase the production of biofuels. Rep. Scott said that the proposal was concerning to farmers who could interpret it as the Biden administration not having long-term biofuel production plans, favoring electric vehicles instead.
- Administrator Regan said that, during his time at the EPA, he has worked to reset the RFS that has previously been restricted by small refinery exemptions. He noted that the EPA proposed the highest RVOs in history last year and said that the agency plans to continue this trajectory when proposing future RVOs.
- Regan also spoke to the significance of sustainable aviation fuel (SAF), saying that SAF is hugely importance for sustainability, support for farmers, and domestic energy production. The SAF Grand Challenge Roadmap demonstrates EPA’s support for increasing this role going forward.
- Regan said that the EPA is continuing to consider year-round sales of E15 gasoline. He said that it is unlikely that the EPA will be able to permit summer sales of E15 in 2023, but it is still working towards achieving this goal for 2024.
Waters of the U.S. (WOTUS)
- Republicans on the Committee were critical of the EPA’s decision to initiate a new rulemaking to reverse the Trump-era WOTUS rule in favor of returning to the Obama-era regulation. Members were particularly critical of the issuance of the new rule as the Supreme Court continues to review the EPA’s jurisdiction under the Clean Water Act. Committee Chairman GT Thompson (R-PA) noted that the lack of clarity on WOTUS has left farmers with uncertainty in their farming practices.
- Regan said that the EPA was forced to act on imposing a new rule before the Supreme Court decision as a lack of action would have resulted in litigation risk. Regan said that the EPA will respect any decision to come out of the court, but he said that the new rule is consistent with USDA’s definitions of croplands, and it does not change existing farming activities that do not require permitting. He said that he worked closely with the agriculture community and the Ag Committee, which Rep. Thompson challenged, saying he was involved in no discussions on the issue.
Pesticides
- Members of the Committee, including Chairman Thompson, pressed Regan on the EPA seeming to work off of different scientific standards than USDA when considering the treatments of pesticides. Rep. Austin Scott (R-GA) pointed out that banning certain herbicides can lead to a need to burn significantly more diesel for certain farm practices, harming the environment.
- Regan said that EPA is being pressured through litigation to incorporate Endangered Species Act regulations, but he said the EPA bases all of its decisions off of the best available science. He said that the EPA works closely with USDA when making these decisions, and an important tool to mitigate these concerns is educating farmers on proper use of pesticides so that overspray can be prevented without having to ban products.