Terminating the National Emergency Declared with Respect to Energy

Floor Speech

Date: Feb. 26, 2025
Location: Washington, DC

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Mrs. CAPITO. Mr. President, I rise today in support of my friend from North Dakota, Senator Hoeven's Congressional Review Act resolution to block the implementation of the Biden administration's waste emissions charge, otherwise known as the natural gas tax.

Since the day this regulation was finalized last November, I pledged that I would work with President Trump and my colleagues in the Congress to repeal this misguided, anti-energy tax. Today in the Senate, that is exactly what we are working to do.

We must recognize that we are in a critical moment for American energy. The North American Electric Reliability Corporation has found that over the next 10 years, due to a rise in energy consumption and the early retirement of our existing fossil fuel generation, our country could face major electric generation and reliability concerns.

We must take action now to ensure that our future demand is met, that the lights remain on, our homes remain warm, and our economy keeps moving for Americans all across this country. We can do this by continuing to invest in natural gas.

Over 60 percent of Americans every day heat their homes, their water, or their food with natural gas. Natural gas is responsible for over 40 percent of the electricity generation and fuels more than half of our industrial sector's process heat.

While the natural gas tax fails to recognize this reality, let's look at what is true. Fracking and shale gas have both revolutionized and transformed American energy, leading to lower prices, job growth, and increased American energy security. According to the Energy Information Administration, the rapid expansion of natural gas-fired powerplants in this country has decreased the power sector's carbon dioxide emissions by 35 percent over the last 25 years. Natural gas has the potential to further reduce American greenhouse gas emissions if we continue to increase production.

Natural gas is an affordable, reliable, and clean source of energy vital to our country and our economy. We should be expanding natural gas production, not restricting it. Instead, the natural gas tax will constrain American natural gas production, leading to increased energy prices and providing a boost to the production of natural gas in Russia.

Simply put, repealing the natural gas tax is a win for our economy, a win for our national security, and a win for our environment.

As part of establishing this tax, the Democrats' so-called Inflation Reduction Act ordered the EPA to revise its subpart W requirements in order to facilitate the reporting and calculation of the tax. The EPA's subpart W revisions blatantly disregard and overstep even the partisan mandates of the IRA and would excessively increase the tax burden on American energy under this natural gas tax.

The revised emission factors within subpart W reporting requirements make broad assumptions about oil and gas operations and technologies that will lead to inaccurate reporting for many owners and operators. The rule would not only radically expand the scope of emissions required to be reported by each facility under the Greenhouse Gas Reporting Program, but it also excessively expands the number of facilities that are covered by subpart W and consequently responsible to pay the natural gas tax.

Due to this uninformed and artificial overestimate of U.S. methane emissions, some smaller operators who were once below the waste emissions threshold are now at risk of seeing their reported methane emissions inflated and owing large sums under the natural gas tax.

If not repealed, this rule will arbitrarily increase the costs and burden of reporting under subpart W, motivated by the Democrats' interest in growing the revenues generated by their natural gas tax. This will make it even more difficult and expensive to produce, transport, and consume American natural gas and in turn will hurt both American families who rely on the energy and the environment of the communities we live in.

It is important that we note that our effort today works in tandem with this Chamber's recently passed budget resolution.

As chairman of the Environment and Public Works Committee, I have long intended to stop the natural gas tax, and we will continue to pursue this through the reconciliation process.

Today's vote on the CRA provides all Senators the opportunity to put our vote on record after witnessing the Biden's EPA bait and switch on the implementation of this misguided policy. I encourage my colleagues to support the CRA that is central to our mission of American energy dominance and reject this tax that will bolster our adversaries, increase energy costs on American families, and put our energy future at risk.

I would like to yield, but before I do that, I would like to thank my colleague from Iowa for letting me step in front of her to make my speech. I appreciate that. I know she will be supporting this.

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