Fallon: Biden Administration Force

WASHINGTON — Economic Growth, Energy Policy, and Regulatory Affairs Subcommittee Chairman Pat Fallon (R-Texas) opened today's subcommittee hearing on "Driving Bad Policy: Examining EPA's Tailpipe Emissions Rules and the Realities of a Rapid Electric Vehicle Transition " by outlining how the Environmental Protection Agency's (EPA) proposed rules strangle American consumer choice and would require an incredibly rapid EV transition with which industry, the grid, and consumer demand cannot keep pace. He continued by admonishing two senior EPA officials who were invited to defend the proposed rules and declined to attend the hearing due to flimsy excuses. Subcommittee Chairman Fallon concluded by thanking the witnesses who did come to testify on such short notice and expressed hopes of a robust discussion on this important topic.

Below are Subcommittee Chairman Fallon's remarks as prepared:

Today's hearing will examine EPA's newly proposed tailpipe emissions rules for light-, medium-, and heavy-duty vehicles. If finalized, EPA estimates the rules would require that fully electric vehicles comprise 67 percent of all new car sales by 2032.

Let me be clear, Republicans are not anti-EV—my wife has one. It was the right choice for our family. Republicans are, however, deeply concerned by the Biden Administration's apparent attempt to hijack the auto industry, strangle consumer choice, and determine what products are best for the American people by when.

These two proposed rules aim to lower emissions. While we are all working to reduce pollution, these rules are not the answer.

The rules would require an incredibly rapid EV transition that industry, the grid, and consumer demand cannot keep pace with.

Further, the critical mineral supply chain is already under stress. Does EPA even know whether there is enough raw material to meet its proposed standards?

We don't even have any commitments to expedite critical mineral mining in the United States—at least not one consistent with America's national security.

That is because the only alternative to obtain the needed critical minerals would be to rely primarily on China and Russia for supply.

EPA should not promulgate standards that force the U.S. to rely on our adversaries just to keep vehicles on the road, our electric-power grid running, and the lights on.

We hope this hearing will sound an alarm about the costs these two rules would inflict on American consumers, American manufacturers, the American economy, and American national security.

Lastly, I invited two officials from EPA for today's hearing, providing EPA a chance to explain its proposals to the Subcommittee.

I invited Joseph Goffman, the acting assistant administrator of EPA's Office of Air and Radiation, whose nomination to be Assistant Administrator is currently pending before the Senate.

And I invited Sarah Dunham, the Director of EPA's Office of Transportation and Air Quality.

EPA refused to produce these witnesses, suggesting the witnesses would be busy the day of the hearing with meetings with Members of Congress and representatives of the regulated community, and because the Agency's EV rules are still open for public comment.

A hearing before this Subcommittee, of course, is a meeting with Members of Congress of the first order.

And as the Committee has documented, EPA's officials have previously testified before congressional committees on proposed rules before the public comment periods for the rules had closed.

Indeed, EPA Administrator Michael Regan testified just this month before the Committee on Energy and Commerce, answering Member questions specifically on the very EV rules that are the subject of this hearing.

Under the circumstances of his nomination, I am surprised and disappointed that EPA is refusing to produce acting Assistant Administrator Goffman to appear at today's hearing.

If Mr. Goffman isn't willing to come testify while his nomination is pending, I am deeply concerned about his commitment to accountability to Congress and the American people if he is confirmed. I hope that the Senate is watching and takes into account his refusal to appear today.

Chairman Comer and I also sent a letter today to Administrator Regan expressing disappointment that his officials refused to appear today. I ask unanimous consent to enter this letter into the record. [Without objection, so ordered].

As we state in our letter, "the EPA is not—nor should it want to be—immune to congressional oversight."

That is why we are requesting, again, for Mr. Goffman and Ms. Dunham to appear for a hearing in June.

That being said, I want to thank our witnesses who were willing to appear on such short notice. We look forward to listening to your expertise on this important topic.