Why it Matters
Justin Schwab, Nominee, Environmental Protection Agency appeared before the Senate Environment and Public Works Committee at a hearing on his nomination on Nov. 10.
Schwab, President Trump's nominee to lead the Environmental Protection Agency's (EPA) Office of Air and Radiation, answered with a legal framing when Sen. Mark Kelly (D-AZ) asked his personal view on ending public comment for some data center air permits.
The Big Picture
The post opened after Aaron Szabo's departure in October. Schwab was a senior adviser to EPA Administrator Lee Zeldin before the nomination.
The agenda Schwab could inherit is contested. Reuters reported on Feb. 12 that Trump announced repeal of the EPA's greenhouse gas endangerment finding. EPA's notice on reconsidering its 2024 oil and gas rule says public hearings are planned for Nov. 16 and 17.
What They're Saying
Sen. Sheldon Whitehouse (D-RI), the ranking member, opened by calling Schwab "a walking, breathing conflict of interest." He cited Schwab's former law firm clients and a group Schwab chaired. Schwab said in his opening that "all agency authority ultimately derives from congressional delegation."
Kelly pressed on the proposal to let states drop public comment for minor sources emitting under 100 tons a year. He asked whether Schwab would be comfortable with such a facility near his home. Schwab said permitting is "in the first instance the responsibility of State or local governments."
Kelly replied: "You keep coming back to the law, but I'm just asking you your opinion." Schwab said state and local governments "understand their communities and their concerns best." Asked who requested the rollback, Schwab cited the President's executive orders on permitting. Kelly said, "So it sounds like you're saying it came from the White House."
Sen. Pete Ricketts (R-NE) asked Schwab to commit to finalizing a supplemental renewable fuel rule by mid-December. Schwab committed to finalization "as soon as is practically possible." Ricketts noted a statutory deadline for 2028-2029 volumes passed Nov. 1.
Political Stakes
Bloomberg Law reported that Schwab faced "little pushback from Senate Democrats" and that only two Democratic members stayed long enough to question him.
For Schwab, the Kelly exchange puts a commitment on the record: he said he would look into a letter from Kelly and Whitehouse on the data center proposal. For the administration, the hearing put its permitting policy under questioning from a Democrat and its renewable fuel timeline under questioning from a Republican.
The Bottom Line
Written questions for Schwab are due at 5 p.m. Friday, Nov. 13, and his responses at 5 p.m. Monday, Nov. 16. Sen. Alex Padilla (D-CA) said he would submit questions for the record.
The nomination remains pending before the committee. A committee vote, then a full Senate vote, would follow if it advances.
Access the Legis1 platform for comprehensive political news, data, and insights.
Spot something wrong? Report an issue with this article
