Pfluger grills EPA head before committee

Regan pleads ignorance of air monitors, non-attainment rules

Congressman August Pfluger and U.S. Environmental Protection Agency Administrator Michael Regan. (Courtesy Photos)

An interview turned testy that Congressman August Pfluger conducted of U.S. Environmental Protection Agency Administrator Michael Regan during a Wednesday hearing of the House Energy and Commerce Committee in Washington.

Pfluger, a San Angelo Republican who represents the Permian Basin, began by asking, “Mr. Regan, do you intend to place the Permian Basin into a status of non-attainment regarding ozone?”

Regan replied, “We’re going to continue to work with both Texas and New Mexico to manage this process.”

Pfluger: “Are you aware that there are only three monitors in the entire Permian Basin? And do you know where those monitors are?”

Regan: “I’m sorry?”

Pfluger: “Are you aware that there’re only three monitors? And do you know where those monitors are?”

Regan: “I presently don’t know what the monitors are, but my staff does.”

Pfluger: “They’re in New Mexico. Do you know how big the Permian Basin is?”

Regan: “Uh, I have an idea, yes.”

Pfluger: “Have you been there?”

Regan: “I have not.”

Pfluger: “I want to commend Dr. Nance for coming. Do you make the decision on non-attainment?”

Regan: “I’m not quite sure.”

Pfluger: “Do you make the decision as the administrator of the EPA?”

Regan: “No, we have a program that determines non-attainment.”

Pfluger: “Who makes that decision?”

Regan: “Our Office of Air and Radiation makes that decision.”

Pfluger: “Are you the principal adviser to the president on air quality?

Regan: “I am.”

Pfluger: “So do you make the decision on non-attainment?”

Regan: “No, I don’t personally make the decision on non-attainment. There is a program that evaluates.”

Pfluger: “What I heard today was that you have visited a lot of communities that you’re worried about, right?”

Regan: “I absolutely do, yes.”

Pfluger: “Are you worried about the Permian Basin?”

Regan: “That’s why Dr. Nance was there last week.”

Pfluger: “But are you personally worried about it?”

Regan: “I am. But when I can’t make everywhere, if all 50 states that’s my regional administrators go and make these visits that she made with you last week.”

Pfluger: “Tell me how much methane intensity has been reduced in the Permian Basin in the last 10 to 15 years.”

Regan: “I could have staff answer those questions for you.”

Pfluger: “This is a really important area. It’s the most important area for energy production in the entire world. Wouldn’t you think you would know what the intensity decrease was over the last 10 to 15 years?”

Regan: “As the administrator of a very large agency, I don’t walk around with those specific facts in my head, but there are people that do.”

Pfluger: “Will you commit to come into the Permian Basin before a final decision is reached?”

Regan: “I will commit that we will have senior management come to the Permian Basin.”

Pfluger: “I think this is why we’re having problems. Do you think the EPA should be authorized by Congress?

Regan: “Do I think it should?”

Pfluger: “Do you think your organization should be authorized by Congress?”

Regan: “I guess President Nixon in 1970 and Congress in 1970 thought that so.”

Pfluger: “Well, we’ll ask those questions later. We’re talking about the most important secure supply of energy in the entire world. The economic impact, the amount of production, the low price, affordable, clean energy, 32-plus percent is the reduction of methane intensity in the Permian Basin over the last 10 to 15 years. Yet at the very same time we’ve increased the production fivefold from a million barrels a day to 6 million barrels a day. I’m very disappointed that you don’t know that. Because that is exactly why we’re concerned about the over-reach of the EPA, not having those facts, saying you don’t walk around with those facts. You have to walk around with those facts. We’re talking about energy security for our entire country here. This is the area that you should come visit. Of all the areas this is the area that you personally should come visit. Did you review the Subpart W Final Rule?”

Regan: “The last time you and I talked you asked for me to send Dr. Nance and now today as a gotcha. You’ve never invited me before. And now you invited me. We supplied Dr. Nance to come see you.”

Pfluger: “We’re glad she came and visited. But this is the most important energy production area in the entire world. And we ask you as the EPA director to come visit it. Because if you’re worried about methane intensity, you would know that we’ve reduced it by 32 percent.”

Regan: “I honored your request of Dr. Nance coming.”

Pfluger: “Appreciate it. Did you review the Subpart W rule personally yourself?”

Regan: “Of course I was briefed on Subpart W.”

Pfluger: “Did you review the rule?”

Regan: “Of course I was briefed on it.”

Pfluger: “Do you know how many pages that rule is?”

Regan: “I don’t count pages and rules.”

Pfluger: “We do.”

Regan: “I mean, you might think that I have time to do that, but I don’t have time to count pages and rules. This is such a ridiculous question.”

Pfluger: “I feel like you’re getting very defensive of these questions.”

Regan: “No, I’m not defensive. I just like reasonable questions.”

Pfluger: “Let me tell you how many.”

Regan: “Counting pages in rules?”

Pfluger: “I think you would know. You know how many pages it is? 2,685 pages.”

Regan: “How many pages are in the administering clean cars act? We got lots of rules to count pages.”

Pfluger: “Mr. Chairman, reset that clock for a second. I’m not sure exactly how much time, but I’ll wait until we get it back. Thank you. 2,685 pages. You earlier testified today that you have been engaging with small energy companies from day one. Is that true?”

Regan: “Yes.”

Pfluger: “Do you know how many companies your agency has actually engaged with? Eight companies. Which small producers have you engaged with regarding methane, ozone or any of the finalized Quad OB and C, any of the rules?”

Regan: “We will get you a complete list.”

Pfluger: “It was given to me that it was eight companies and not a single one of them small independent producers.”

Regan: “We will get you a complete list.”

Pfluger: “These are not gotcha questions. This is to demonstrate the fact that I don’t believe you personally have taken the time and interest in an area that is producing 43-plus percent of our country’s oil and gas.”

Regan: “It is a gotcha question asking me to ask my regional administrator to visit you. And we do that and you’re not appreciative of that and say I haven’t gone.”

Pfluger: “By the way, the visit was very much appreciated. You are invited and I would appreciate your getting back to me. 2,685 pages is way too much to understand anything about how to enforce these rules, how they’re going to impact economically.”