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What an EPA under Regan could look like

Charles Wallace
Feb. 12, 2021 6 minutes read
What an EPA under Regan could look like

President Joe Biden’s selection to head the Environmental Protection Agency (EPA), Michael Regan, breezed through his confirmation hearing with the Senate Environment and Public Works Committee. During the hearing, Regan gave some insight on policies affecting the agriculture community.

“My father and grandfather used to say that farmers are the original conservationists. Like millions of Americans living in rural communities, preserving our natural resources isn’t something to balance with economic growth. It’s one of the keys to economic growth, along with protecting public health and our way of life,” Regan said in his opening statement.

Regan was raised in the eastern part of North Carolina, where he would go hunting and fishing with his father and his grandfather, a small farmer who grew peanuts, soybeans, and a few hogs and chickens. Regan received a bachelor’s degree in earth and environmental science from North Carolina Agricultural and Technical State University and a Master of Public Administration from George Washington University. Regan previously worked at the EPA under the Clinton and George W. Bush administrations as an air quality specialist. In 2017, he was appointed by North Carolina Gov. Roy Cooper (D), where he has served as the state’s secretary of the Department of Environmental Quality.

Regan has received support from both environmental groups and businesses for his ability to listen to both sides. He was introduced to the panel by Sen. Richard Burr (R-NC), who called him “a good man” who is “extremely, extremely qualified for this position.” Sen. Tom Carper (D-DE) stated Regan had developed a reputation as “a leader who works with Democrats and Republicans to forge practical solutions.”

At the hearings, Regan said if you want to solve complex issues, “you must first be able to see them from all sides, and you must be willing to put yourself in other people’s shoes.”

He pledged to talk to businesses, community groups, scientists and others and to reach a “consensus around pragmatic solutions.” His previous time in government has shown him that “we can’t simply regulate our way out of every problem we face.’’

In North Carolina, he led negotiations on a settlement to clean up substances known as “forever chemicals,” or PFAS (per- and polyfluoroalkyl substances), from the Cape Fear River. Regan also negotiated with Duke Energy for coal ash’s clean-up, a byproduct of coal-fired power plants. Despite criticism from environmental groups, Regan approved a water quality certification to Duke Energy and Dominion Energy for the Atlantic Coast Pipeline, which would have carried natural gas across the Appalachian Trail. The project was later canceled due to opposition to the project.

Agriculture

At the roughly three-hour hearing on a variety of issues, Regan was asked by the committee members about the waters of the U.S.(WOTUS) rule and Renewable Fuel Standard (RFS).

Sen. John Boozman (R-AR)—who is also ranking member of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry—asked Regan whether he supports the 2015 WOTUS rule, which agriculture groups fought in court.

Regan replied the agency will have “an open-door policy” and would like to hear from the agriculture community, stating he wants to hear about the “administrative burdens” farmers face. Regan pointed out that in the state, “one of the biggest problems we saw was the lack of resources in my department to provide technical assistance to these farmers.”

“I don’t believe small farmers do not want to protect our wetlands and our water quality,” Regan said at the hearing. “We’ve got to work together to make sure that we have a rule that is understandable, but protective of our water quality as well as not overburden our small farmers. I believe we can do that if we have more conversations.

“So, what I’m hopeful for is that we can look for a common ground where we give the farming community and the environmental community some certainty that, as we move forward, we’re going to follow the science, follow the law,” Regan continued.

Sen. Joni Ernst (R-IA) pressed Regan on how he would manage RFS and biofuels as administrator stating, “there are a number of items waiting on your desk.”

“RFS is definitely a priority for this administration, and I recognize the items sitting on my desk,” Regan said to Ernst. Regan said there are many things caught up in litigation that he needs to address with staff to apply “the latest data, the latest science to follow the letter of the law.” The agency plans to do a “thorough review” of the decisions “that fit under the umbrella of the RFS.”

Regan also assured Sen. Tammy Duckworth (D-IL) the agency will introduce transparency into the RFS program and follow the law’s letter.

“President Biden has not been shy that agriculture will have a seat at the table as we tackle climate change, and he’s been specifically focused on biofuels and advanced biofuels,” Regan stated. He also said he reached out to Tom Vilsack, Biden’s nominee for secretary of Agriculture, about how the two agencies can pair together regarding the issue.

Climate change

“President Biden has said that confronting climate change presents an unprecedented economic opportunity,” Regan said in his opening statement. “In North Carolina, we’ve seized that opportunity, partnering with the private sector to provide regulatory certainty and harnessing our strength in manufacturing, innovation, and research, which resulted in the creation of tens of thousands of much-needed new jobs.”

Under Regan, the state created a “Clean Energy Plan” that called for reducing greenhouse gases and attaining carbon neutrality by 2050. It also sought to accelerate clean energy innovation to create economic opportunities in the state’s rural and urban parts.

Sen. Dan Sullivan (R-AK) pressured Regan to describe what would happen to oil and gas workers in a transition to other sources of energy.

Regan responded that there would be significant investments in water, electricity and transportation infrastructure, stating, “I believe that many of the jobs and the skill sets that people have… can move quickly to those jobs.”

Mike Sommers, chief executive of the American Petroleum Institute, said in a statement that the oil industry was “ready to work” with Regan. But he added, “We will also bewatching closely to ensure that the incoming administration keeps Biden’s campaign promises to the energy workforce and protects the millions of jobs supported by our industry.”

Carper will authorize the advancement of Regan’s nomination for a vote by the full Senate. Carper told E&E News that Regan did an “exceptional job” at the hearing and said the cordial tone and support from environmental and agriculture groups could help “expedite” his nomination.

The Wall Street Journal wrote, “The EPA is often at the center of rifts between Republicans and Democrats, but the comments from the Republican senators and a generally friendly confirmation hearing suggested he is on a path to Senate approval.” — Charles Wallace, WLJ editor

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