Hill Heat

At today’s Committee on Environment and Public Works hearing on the EPA’s decision to deny the California waiver, EPA administrator Stephen L. Johnson defended his decision under intense questioning from the Democratic members of the EPW (the only minority member to attend was Sen. Inhofe).

Johnson repeatedly argued that because greenhouse gases are a global problem, California did not have a “unique” or “exclusive” interest; two terms which have been found to be distinct from the “compelling and extraordinary” criteria the Clean Air Act the waiver petition must meet. As NRDC advisor Fran Pavley noted in the January 10 field briefing:

A 1984 waiver determination by then-EPA-Administrator William Ruckelshaus deeming that California’s plight need not be “unique” in order to be “compelling and extraordinary.”

The senators pressed Johnson hard on the long-delayed endangerment finding, a timeline for which he would not discuss. Under repeated questioning, he refused to concede that global warming represents a threat to public health, even when confronted with the CDC testimony from last October’s hearing. He agreed only that it is a “serious issue.”

Sen. Whitehouse (D-R.I.), displaying his prosecutorial background, leading Johnson into a discussion of how he overruled his staff, trying to parse Johnson’s description of a presentation of a “range of options” with the existence, if any, of a “consolidated recommendation.” In the end Johnson argued that the two terms could be synonymous.

Interestingly, Sen. Carper (D-Del.) favorably discussed Sen. Levin’s colloquy that implied that the Energy Act CAFE standards restrict EPA action on emissions regulation.