Executive Calendar

Floor Speech

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Mr. WHITEHOUSE. Mr. President, I am here to react to the President's selection of Andrew Wheeler to be the proposed No. 2 at the EPA. This is a selection that continues the Trump administration's essentially complete subservience to the fossil fuel industry in the entire environmental arena.

I have described Scott Pruitt, Rick Perry, and Ryan Zinke, who is over at Interior, as the three stooges of the fossil fuel industry, and I reiterate that today.

Scott Pruitt, in addition to being one of those stooges, also has some of the most extraordinary displays of unethical and self-serving political acts of anybody I have ever seen. I can only imagine what this floor would look like if an Obama appointee had engaged in those kinds of behaviors. In all of those seats, we would have had Republicans shouting and jumping up and down in their being infuriated by that misconduct. Yet, because it is Pruitt, because it is Trump, and because the fossil fuel industry is getting everything it wants out of this guy, the silence is deafening. But that doesn't change the underlying fact that the American people are owed folks in high office who take their public duty seriously. There is very little chance that Mr. Wheeler is going to take his public duties seriously as No. 2 at the EPA. It is not like it is with the No. 1 at the EPA, where there is a stopgap who is going to defend us.

This is a very dangerous duo. Scott Pruitt is a complete flunky of the fossil fuel industry--largely disgraced but still hanging on there and his only claim to fame being that he will do anything the fossil fuel industry tells him to do. That is why he is hanging on. Now coal lobbyist Wheeler is coming on to be his No. 2. That is a dangerous combination to lead our Environmental Protection Agency.

There was an interesting series of photographs that actually got the photographer fired in this administration for having released these photographs. There was a little meeting over at the Energy Department with Secretary Perry and Bob Murray, who is the head of Murray Energy. He is a coal baron, and he, obviously, has one interest in mind, which is to sell more coal, burn more coal, and to heck with the rest of you, more or less.

This was Mr. Murray as he arrived at the Department of Energy, up in the Secretary's conference room. The bald gentleman is Mr. Murray. The man whose head is obscured behind him in this torrid hug is our Energy Secretary. So you knew things were going to go well for Mr. Murray at this meeting after that nice, cozy reception that he got.

Then the photographer went on and took this picture, which is of Murray Energy Corporation's recommendations to the Honorable Richard Perry as to what he should do about the environment. I will spend some more time on that memo in just a moment. After long delays, we were actually able to get our hands on it. They delayed and they fiddled and they faddled and wouldn't confirm that they had it. When the photograph showed that they had it, they said: OK. We will give it to you when we give our FOIA requests.

Great. Thanks a bunch. So much for congressional oversight.

I hope that if the now majority is ever in the minority in the Senate, that it doesn't get treated this way--being told to line up with the FOIA folks as they are not interested in responding to oversight requests for memos, but that is what we got.

Here is another photograph from that meeting. Here is Mr. Murray telling the Energy Secretary what to do. There is the Energy Secretary--fresh out of his nice hug--being told what to do. Here is Mr. Wheeler, the guy who is going to be the No. 2 at the EPA. He was right in the room where the Murray directions to the Trump administration were being discussed and delivered.

Here is the action plan. It reads: ``Dear Secretary Perry, enclosed is an Action Plan for achieving reliable and low cost electricity in America and to assist in the survival of our country's coal industry.''

What are the recommendations?

Page 1: ``SUSPEND THE COAL-FIRED POWERPLANT EFFLUENT LIMITATION GUIDELINES.''

Yes. Why would we want limitations on the effluent that a coal-fired powerplant can emit? Why on Earth would anybody want that? No. To suspend those is one of the recommendations.

The second is to withdraw and suspend the so-called endangerment finding.

The endangerment finding is the fact-based finding at the EPA that shows that, in addition to it being a matter of law pursuant to Massachusetts v. EPA, carbon dioxide is a pollutant in the air. This is the Agency's finding that it is actually a dangerous pollutant in the air. That is why it is called the endangerment finding. So they want to knock that out so they can knock out regulation of more coal-powered powerplant effluents, including carbon dioxide.

Then they want to eliminate the tax credit for wind and solar. Here is an industry that gets, according to the International Monetary Fund, $700 billion a year in effective subsidies in the United States of America alone, and their goal is to knock out the little production tax credit that wind and solar get? That is what he asked for.

``WITHDRAW FROM THE . . . PARIS CLIMATE ACCORD.'' Well, we all know he was obeyed on that.

Here's a particularly good one: ``END . . . OZONE REGULATIONS.'' Let me state what Rhode Island's experience in this is. The midwestern powerplants burn coal and other fossil fuels. They run the exhaust out of smoke stacks. Many of them have raised enormously high smoke stacks to get all that stuff way up into the air, so it is then carried by prevailing winds out of their State--out of their State. As it bakes in the heat as it travels through the air, it becomes ozone. That ozone lands in Rhode Island.

Ladies and gentlemen, children go to the hospital because of asthma complications from ozone in Rhode Island. We have had periods when, on a bright and sunny day, the talk radio, your drive-time radio, announces to Rhode Islanders that today is a bad air day in the State of Rhode Island, and the elderly and babies and any people with breathing difficulty should stay indoors. You are not welcome out-of- doors because of ozone levels.

This guy wants to end ozone regulation. I think not. This guy was his lobbyist in trying to do that. That is what has become of the EPA.

What else? ``OVERTURN THE . . . CROSS-STATE AIR POLLUTION RULE.'' Rhode Island doesn't create much air pollution. The EPA protects Rhode Island from other States' air pollution with--guess what--the cross- state air pollution rule. He wants to overturn it.

Finally, ``CUT THE STAFF OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY IN AT LEAST HALF.'' Well, they are doing a pretty good job of destroying the Environmental Protection Agency as an agency that does environmental protection, but I have to say, cutting the Agency in half and firing half of it--that seems a bit much.

They also want Justices of the Supreme Court who rule in favor of coal. They want to replace all the members of the Federal Regulatory Energy Commission, the members of the Tennessee Valley Authority board, and the members of the National Labor Relations Board. There is a bunch in there to make sure that coal safety regulations are undone.

That is what we are dealing with. We are dealing with an agency that has been taken over by the fossil fuel industry, and it has gotten so bad that I want to conclude with this editorial, which I ask unanimous consent to have printed in the Record at the conclusion of my remarks.

This is an editorial from, of all places, the Charleston, WV, Gazette-Mail. I think the body can take notice that West Virginia is more or less the heart of coal country.

Here is what the Charleston, WV, Gazette-Mail said about where things are at EPA right now. The title is ``Editorial: With self-serving Pruitt at EPA, Trump is building a swamp.''

Here are some selections:

Donald Trump campaign crowds loved to chant, ``Drain the Swamp!'' But if ever there was a political swamp creature, it's Scott Pruitt, the man Trump picked to head the U.S. Environmental Protection Agency.

The Charleston Gazette-Mail continues:

Pruitt has been a shill for fossil fuel industries since his days as attorney general in Oklahoma, so maybe he saw this-- all his self-aggrandizing expenditures-- as his just desserts. But of all the Trump administration flunkies who have used taxpayer money for their personal benefit, Pruitt may be the worst.

That is the word from Charleston, WV.

Some of the examples:

[Pruitt] used a loophole in the Safe Drinking Water Act that's supposed to let the EPA hire experts quickly in a [drinking water] emergency . . . [to] give tax taxpayer- funded raises to political lackeys.

[He] took first-class, charter, and military flights that cost taxpayers $163,000.

He . . . tripled the size of his security detail.

He had the EPA spend $25,000--

I think we actually know that is up to $43,000 now-- to build a soundproof communications booth in his office.

There is nothing more that the EPA Administrator needs than a cone- of-silence soundproof booth in his office--as if he is running the CIA or something.

They conclude:

There are many reasons why Scott Pruitt shouldn't be leading the EPA, primarily that he doesn't seem to believe in science and is more interested in helping big business than, you know, protecting the environment. But his obvious belief that taxpayer money and resources are given to him for his personal benefit is a big reason, as well.

I thank the newspaper in West Virginia for acknowledging that some conduct is so disgraceful that it goes too far.

When that is the No. 1 person in the EPA, we have no business confirming this person as the No. 2 person for the EPA.

With that, I see colleagues who, I assume, want to speak in favor of this nominee, and I will yield the floor to them.

Clairsville, OH, March 28, 2017. Hon. J. Richard Perry, Secretary, Department of Energy, Washington, DC.

Dear Secretary Perry: Enclosed is an Action Plan for achieving reliable and low cost electricity in America and to assist in the survival of our Country's coal industry, which is essential to power grid reliability and low cost electricity.

We are available to assist you in any way that you request. Sincerely, Robert E. Murray, Chairman, President & Chief Executive Officer. ____

Action Plan for Reliable and Low Cost Electricity in America and To Assist in the Survival of our Country's Coal Industry Suspend the coal-fired power plant effluent limitation guidelines (ELG) and coal combustion residuals (CCR) rules of the united states environmental protection agency

The compliance deadlines for both regulations must be suspended. The illegal ELG rule needs to be rescinded. The CCR regulation need to be rewritten delegating the authority to the states in light of the new legislation passed in December. Implement emergency actions relative to the security and resiliency of the electric power grids

The Department of Energy (``DOE'') must issue an emergency directive to have an immediate study done of the security and resiliency of our electric power grids. DOE will direct that no power plants having an available fuel supply of at least forty-five (45) days be closed during the study period, or a minimum of two (2) years. ``Endangerment finding'' for greenhouse gases

There must be a withdrawal and suspension of the implementation of the so-called ``endangerment finding'' for greenhouse gases. EPA's ``endangerment finding'' under the Clean Air Act serves as the foundation for the agency's far reaching regulation of the economy in the form of emission limitations for greenhouse gases, including carbon dioxide. The high degree of uncertainty in the range of data relied upon by EPA combined with the enormous regulatory costs without concomitant benefits merit revisiting the ``endangerment findings''.

According to EPA's finding, the ``root cause'' of recently observed climate change is ``likely'' the increase in anthropogenic greenhouse gas emissions. EPA relied upon computer-based climate model simulations and a ``synthesis'' of major findings from scientific assessment reports with a significant range of uncertainty related to temperatures over 25 years. The climate model failures are well documented in their inability to emulate real-world climate behavior. Models that are unable to simulate known climate behavior cannot provide reliable projections of future climate behavior. As for the scientific assessments underlying the ``synthesis'' of findings used by EPA, many were not peer reviewed, and there are multiple instances where portions of peer reviewed literature germane to the ``endangerment finding'' were omitted, ignored or unfairly dismissed. Eliminate the thirty (30) percent production tax credit for windmills and solar panels in electricity generation

Electricity generated by windmills and solar panels costs twenty-six (26) cents per kilowatt hour with a four (4) cent per kilowatt hour subsidy from the American taxpayers. These energy sources are unreliable and only available if the wind blows or the sun shines. Coal-fired electricity costs only four (4) cents per kilowatt hour. Low cost electricity is a staple of life, and we must have a level playing field in electric power generation without the government picking winners and losers by subsidizing wind and solar power.

Withdraw from the illegal united nations COP 21 Paris climate accord

The United Nation's COP 21 Paris Climate Control Accord, to which Barrack Obama has already committed one (1) billion dollars of America's money, is an attempt by the rest of the world to obtain funding from our Country. It is an illegal treaty never approved by Congress, and it will have no effect on the environment. end the electric utility maximum achievable technology and ozone regulations

We have won these issues in the United States Supreme Court, and these rules must be completely overturned. Fund the development of certain clean coal technologies

The Federal government must support the development of some Clean Coal Technologies, including: ultra super critical combustion; high efficiency, low emission coal firing; combined cycle coal combustion; and others. It should not fund so-called carbon capture and sequestration (``CCS''), as it does not work, practically or economically. Democrats and some Republicans use CCS as a political cover to insincerely show that they are proposing something for coal. But, carbon capture and sequestration is a pseudonym for ``no coal''. Overhaul the bloated and politicalized mine safety and health administration of the U.S. Department of Labor

This Federal agency, over the past eight (8) years, has not been focused on the coal miner safety, but on politics, bureaucracy, waste, and violation quotas. While coal mine employment has been cut in half, the Federal Mine Safety and Health Administration has continued to hire inspectors every year. But, the government has nowhere to put them. Murray Energy Corporation received an average of 532 Federal inspectors per month in 2016.

We must send a Company manager with every one of these inspectors, taking us away from our employee safety inspections and safety training. cut the staff of the U.S. environmental protection agency in at least half

Tens of thousands of government bureaucrats have issued over 82,000 pages of regulations under Obama, many of them regarding coal mining and utilization. The Obama EPA, alone, wrote over 25,000 pages of rules, thirty-eight (38) times the words in our Holy Bible.

overturn the recently enacted cross-state air pollution rule

This regulation particularly punishes states in which coal mining takes place to the benefit of other wealthier east coast states. revise the arbitrary coal mine dust regulation of the mine safety and health administration of the department of labor

This regulation provides no health benefit to our coal miners, and threatens the destruction of thousands of coal mining jobs. obtain legislation to fund both the retiree medical care and pensions

for all of america's united mine workers of america (UMWA)-- represented, retired coal miners

For four (4) years, Senate Majority Leader Mitch McConnell has refused to address this issue. Some say that this is because the UMWA wrongly opposed him in his recent election. This must be taken care of. And the legislation enacted must address not just those recently orphaned through company bankruptcies and mine closures, but the medical benefits and pensions that were promised to all retired miners by the Federal government itself. overturn the mine safety and health administration, department of labor, pattern of violations rule

This rule is a punitive action of the Mine Safety and Health Administration under its Director for the past eight (8) years, the former Safety Director of a labor union.

appoint justices to the supreme court of the united states who will follow our united states constitution and our laws

We must offset the liberal appointees who want to redefine our Constitution and our law.

members of the federal energy regulatory commission must be replaced

The current Federal Energy Regulatory Commission has a record of favoring actions of the Obama Administration. That has systematically devalued base load generation as a result of the Obama ``war on coal''. These actions have put the future security and reliability of America's electric power grid at risk. Immediate action needs to be taken to require organized power markets to value fuel security, fuel diversity, and ancillary services that only base load generating assets, especially coal plants, can provide. members of the tennessee valley authority board of directors must be replaced

The Board of Directors of this government agency has followed the mandates of the Obama Administration, rather than assure reliable, low cost electricity for the Tennessee Valley Authority's rate payers, whom they are mandated to serve in this manner.

replace the members of the national labor relations board (``nlrb'')

Eliminate the antiemployer bias of the NLRB by appointing members and staff, particularly in the General Counsel's office, who will fairly consider the employer's position and needs and not automatically accede to the unions or unionized employees in every matter considered.

5, 2018] Editorial: With Self-Serving Pruitt at EPA, Trump Is Building a Swamp

Donald Trump campaign crowds loved to chant, ``Drain the swamp!'' But if ever there was a political swamp creature, it's Scott Pruitt, the man Trump picked to head the U.S. Environmental Protection Agency. Pruitt has been in the news most recently for his cozy relationship with the lobbyist for a Canadian pipeline company. The company, Enbridge Inc., received a high recommendation from Pruitt's EPA for an oil pipeline expansion project.

Enbridge's lobbyist was the firm of Williams & Jensen. The wife of the firm's chairman owns a pricey condominium in Washington, D.C., and was letting Pruitt live there for $50 a night, sometimes joined by his daughter, and Pruitt only had to pay for the nights he stayed there. That is an unbelievably sweet deal, and while there's no direct evidence of a mutual back-scratching, it sure looks that way. On some level, this is no surprise. Pruitt has been a shill for fossil fuel industries since his days as attorney general in Oklahoma, so maybe he saw this as his just desserts. But of all the Trump administration flunkies who have used taxpayer money for their personal benefit, Pruitt may be the worst.

Despite the White House telling him not to give large raises to two employees who followed him from Oklahoma, Pruitt did it anyway. He used a loophole in the Safe Drinking Water Act that's supposed to let the EPA hire experts quickly in an emergency, not give taxpayer-funded raises to political lackeys. One of those lackeys helped Pruitt find a new place to live, once the EPA administrator had to leave his sweetheart condo deal behind. Using publicly funded employees for such private business is another misuse of taxpayer- funded resources.

During his first year in office, Pruitt took first-class, charter and military flights that cost taxpayers $163,000. according to EPA records provided to the U.S. House Oversight Committee. Pruitt and a group of aides also socked taxpayers with a $90,000 bill for a trip to Italy that included a trip to visit the pope.

Pruitt was flying first-class because of public confrontations that involved ``vulgar'' and ``threatening language,'' according to The Washington Post. Pruitt is clearly very worried about his security; he has tripled the size of his security detail, and is the first EPA administration to have 24/7 security--again, at taxpayer expense. That security detail includes some EPA agents who would otherwise be investigating environmental crimes, rather than protecting their snowflake boss. (Pruitt's predecessors. Gina McCarthy and Lisa Jackson--who were demonized repeatedly by West Virginia politicians, among others--flew coach, with a much smaller security presence.)

Maybe Pruitt is just paranoid in general. In September, he had the EPA spend $25,000--all together now, in taxpayer money--to build a soundproof communications booth in his office. He's asked employees not to bring their mobile phones to meetings with him, and he reportedly prefers not to use email--no doubt because emails from his time as Oklahoma attorney general show how much he cozied up to oil and gas producers. There are many reasons why Scott Pruitt shouldn't be leading the EPA, primarily that he doesn't seem to believe in science and is more interested in helping big business than, you know, protecting the environment. But his obvious belief that taxpayer money and resources are given to him for his personal benefit is a big reason, as well.

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