Senator criticizes burdensome Biden-era EPA regulations, calls for a flexible, science-based approach that accounts for Utah’s unique geography
Washington, D.C. – During an Environment and Public Works (EPW) Committee hearing on the nominations of David Fotouhi to be Deputy Administrator of the Environmental Protection Agency (EPA) and Aaron Szabo to be Assistant Administrator for the EPA Office of Air and Radiation, U.S. Senator John Curtis (R-UT) secured commitments from both nominees to collaborate with Utah officials and stakeholders to address the state’s unique geographic challenges in meeting federal air quality standards.
During the exchange, Senator Curtis highlighted Utah’s significant progress in improving air quality despite 80% of the state’s ozone pollution coming from sources outside the region. He expressed frustration with Biden-era EPA regulations that overlook this reality and continue to burden local communities and industries.
The Senator also raised concerns about small energy producers in the Uinta Basin struggling to comply with methane regulations due to financial constraints. He advocated for a more outcome-based regulatory approach that allows for technological flexibility rather than mandating a predetermined solution. Both nominees agreed to work with regional administrators to find practical solutions. Curtis concluded by addressing delays in the EPA’s chemical approval process—arguing that it has stalled the introduction of environmentally safer alternatives.
A transcript of the exchange can be found below, and the video file can be downloaded here.
Senator Curtis: Thank you, Chairman. Great to be with both of you. Thank you for coming by my office. Some of what I want to talk about in my short five minutes, we discussed but I think it’s important to have this discussion so that everybody, particularly back in Utah, can hear our discussion and your thoughts on it.
As we’ve discussed, and I’ve tried to make the point in this venue a lot of times, Utah’s unique geography and natural phenomenon require a nuanced approach. Approximately 80% of our ozone comes from ozone emitting from the Earth’s surfaces or from outside of the region. And as Utahns, that means we only control 20% of the ozone in the area.
Utah’s air quality has improved significantly. And that’s because our elected officials, our education, our business leaders all have made commitments. And we’ve had great investments in new technology to improve our air. And I might say, I’m very grateful for the new Administration’s early jump into this in some of the relief that we’ve received already. So, please pass on my appreciation for that.
Utah’s Uinta Basin faces similar challenges. Oil and gas production in the region, where we provide affordable, reliable, and clean energy, are burdened by EPA standards, and don’t account for this unique geography that we have in Utah. Fortunately, all of our stakeholders, as I mentioned, they’re all committed. The tribes are committed. The education community, the political leaders, and business communities are all committed to this.
But despite this, in the final stretch of the Biden Administration, the EPA, abundantly reversed course. Instead of granting the extension as previously proposed, the agency issued a final ruling: redesign northern Wasatch Front and Uinta basin as non-attainment with significant impact economically and otherwise for our area. So, once again, thanks for your help there.
I’d like to just ask both of you so folks back home can hear if confirmed. Can we count on this flexibility and working with regional administrators to follow their lead in dealing with these tough issues? And hopefully we can have that commitment from both of you. Mr. Szabo, if you want to jump in.
Mr. Aaron Szabo: Sure. Senator, it was great talking to you yesterday about these issues as well. And, in my current role, as well as if I am confirmed, I will commit that we will work with the state of Utah as well as all the states on each state’s unique issues. But specifically, Utah’s as well.
Curtis: Thank you.
Mr. David Fotouhi: Thank you, Senator. And I also appreciated the time meeting with you. And you have my commitment to work together to resolve these issues and to do so in a way that protects our air and also protects the economic development and growth that your community is looking for.
Curtis: Thank you, and I’m glad that you mentioned that everybody does want to protect the air. Everybody wants clean air. We just have some unique geographic features.
Also, part of the Uinta basin, we have a number of small suppliers, and they really struggle to meet the methane regulations. Not out of will, but just simply out of resources. And, we find that EPA sometimes has been overly restrictive in how they fix the problem, rather than kind of defining what they want fixed and letting people get there through using different types of technologies.
And once again, I would like to ask for your working with regional administrators to get to the end goal and not be so prescriptive on how we get there.
Szabo: Absolutely, Senator.
Fotouhi: Yes, you have my commitment on that, Senator, thank you.
Curtis: Good. Thank you. And, Mr. Fotouhi, we talked in the office about this chemical approval problem and would also just like to clarify—the previous Administration, we had 0% of chemicals approved within their statutory guidelines. Many of these chemicals would replace currently problematic chemicals that are bad for our environment.
So, by not approving them, we’re actually really harming our environment. And we’d like to just have you assure with my folks back home, your commitment, to work on getting these chemicals approved in a timely manner.
Fotouhi: Yes. Thank you, Senator Curtis. It’s a critical function that the Agency performs to review new chemicals, and it needs to do so, in abidance with its statutory timelines and in consideration of the science as well.
And as you said, those chemicals often replace older chemistries and the newer chemicals are often, more environmentally friendly. So, you have my commitment to take that as an area of emphasis so that EPA gets back on track and is meeting its statutory obligations in its new chemicals program.
Curtis: Thank you. And, with all my love and affection for you and your new boss, we’ll have a honeymoon period. And then, I’ll use this pulpit to be really tough on you as I was your predecessors if we’re not getting those approved. And thank you. I yield my time.