Congressional Record, Senate, April 28, 2021 — S.J. Res. 14 Oil and Natural Gas Sector Emission Standards
Summary
This is S2257 of the Congressional Record, Vol. 167, No. 73, for Wednesday, April 28, 2021. The Senate met at 10 a.m. with Mr. Coons as Acting President pro tempore and the Chaplain, Dr. Barry C. Black, offering the prayer. The Senate proceeds to the motion to proceed to S.J. Res. 14, providing for congressional disapproval of the Environmental Protection Agency rule on oil and natural gas sector emission standards, with up to 10 hours of debate. Mr. Schumer says the vote will use the Congressional Review Act to reimpose regulations against methane leaks from the oil and gas industry, with the views attributed to Mr. Schumer.
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“Congressional Record, Senate, April 28, 2021 — S.J. Res. 14 Oil and Natural Gas Sector Emission Standards.”
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Congressional Record
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117 th CONGRESS, FIRST SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 167 WASHINGTON, WEDNESDAY, APRIL 28, 2021 No. 73
Senate
The Senate met at 10 a.m. and was appoint the Honorable CHRISTOPHER A. The senior assistant legislative clerk
called to order by the Honorable CHRIS- COONS, a Senator from the State of Dela- read as follows:
TOPHER A. COONS, a Senator from the ware, to perform the duties of the Chair. Motion to proceed to Calendar No. 48, S.J.
PATRICK J. LEAHY, Res. 14, providing for congressional dis-
State of Delaware. President pro tempore. approval under chapter 8 of title 5, United
f Mr. COONS thereupon assumed the States Code, of the rule submitted by the En-
PRAYER Chair as Acting President pro tempore. vironmental Protection Agency relating to
f ‘‘Oil and Natural Gas Sector: Emission
The Chaplain, Dr. Barry C. Black, of- Standards for New, Reconstructed, and Modi-
fered the following prayer: RESERVATION OF LEADER TIME fied Sources Review.’’
Let us pray. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem-
Eternal God, give our lawmakers the pore. Under the previous order, the pore. Under the provisions of title 5,
wisdom to remember to be grateful for leadership time is reserved. U.S.C., chapter 802, there will now be
all the things You have already done. f up to 10 hours of debate, equally di-
Lord, You have sustained our Nation vided.
during seasons of war and peace. You MORNING BUSINESS
The majority leader.
have helped us find creative ways to The ACTING PRESIDENT pro tem- Mr. SCHUMER. Mr. President, at the
strive for a more perfect Union. You pore. Under the previous order, the start of the year, the Senate Demo-
have provided us with solutions to dif- Senate will be in a period of morning crats pledged that one of our top prior-
ficult problems just when we needed business, with Senators permitted to ities would be tackling climate change.
You most. speak therein for up to 10 minutes I directed all of our incoming com-
Eternal Spirit, let this day be a time each. mittee chairs to hold hearings and pre-
when Senators feel gratitude for Your f pare legislation on the climate crisis. I
bountiful blessings and faithfulness. RECOGNITION OF THE MAJORITY promised that any infrastructure bill
May they express this gratitude by LEADER would be green and focused on creating
striving to live one day at a time, fo- the green jobs of the future. Both of
cusing on Your mercy, love, and grace. The ACTING PRESIDENT pro tem- these efforts, I am happy to report, are
We pray in Your loving Name. Amen. pore. The Democratic leader is recog- well under way.
nized. And, today, as we approach the 100-
f
f day mark of this new Congress, the
PLEDGE OF ALLEGIANCE LEGISLATIVE SESSION Senate will take the first major step in
The Presiding Officer led the Pledge combating climate change on the Sen-
of Allegiance, as follows: ate floor, by reinstating safeguards
PROVIDING FOR CONGRESSIONAL against methane emissions.
I pledge allegiance to the Flag of the
United States of America, and to the Repub- DISAPPROVAL UNDER CHAPTER Specifically, today’s vote will use the
lic for which it stands, one nation under God, 8 OF TITLE 5, UNITED STATES Congressional Review Act to reimpose
indivisible, with liberty and justice for all. CODE, OF THE RULE SUBMITTED commonsense regulations against
BY THE ENVIRONMENTAL PRO- methane leaks from the oil and gas in-
f
TECTION AGENCY RELATING TO dustry, from production and processing
APPOINTMENT OF ACTING ‘‘OIL AND NATURAL GAS SEC- to transmission and storage.
PRESIDENT PRO TEMPORE TOR: EMISSION STANDARDS FOR And let me note that this would be
The PRESIDING OFFICER. The NEW, RECONSTRUCTED, AND the first time that the Senate Demo-
clerk will please read a communication MODIFIED SOURCES REVIEW’’ cratic majority has used the Congres-
to the Senate from the President pro Mr. SCHUMER. Mr. President, I sional Review Act. It is no mistake
tempore (Mr. LEAHY). move to proceed to Calendar No. 48, that we have chosen to use the law
The senior assistant legislative clerk S.J. Res. 14, the methane CRA. first on the subject of climate change.
read the following letter: The ACTING PRESIDENT pro tem- Under this Democratic majority, the
pore. The question is on agreeing to Senate will be a place where we take
U.S. SENATE,
PRESIDENT PRO TEMPORE, the motion. decisive, ambitious, and effective ac-
Washington, DC, April 28, 2021. The motion was agreed to. tion against climate change. And this
To the Senate: The ACTING PRESIDENT pro tem- CRA, the reinstatement of the rule
Under the provisions of rule I, paragraph 3, pore. The clerk will report the joint dealing with methane emissions, will
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of the Standing Rules of the Senate, I hereby resolution, S.J. Res. 14. be the most significant act that the
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
®
S2257
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S2258 CONGRESSIONAL RECORD — SENATE April 28, 2021
Senate has taken on climate change in to give American families a better party that opposes the other side at all
more than a decade—and maybe sev- chance to succeed in the 21st century costs? That is no good for America;
eral decades. This measure will help us economy, combining investments in that is no good for bipartisanship; and
address the climate crisis in a very se- education, childcare, and workforce it is not even good for the Republican
rious way. training. Party’s future.
Methane doesn’t get as much atten- The American Families Plan, as it is FIRST 100 DAYS
tion as CO2, carbon dioxide, but it called, makes exactly the types of in- Mr. President, now, tonight Presi-
packs a bigger punch. Over 20 years, a vestment our country should have been dent Biden will address a joint session
ton of methane warms the atmosphere making for a very long time. In many of Congress to mark the progress of our
86 times more than carbon dioxide. of these areas, the United States has first 100 days and talk about where we,
Thankfully, methane degrades faster in lagged well behind other developed as a country, still need to go. I expect
our atmosphere, and curbing methane countries. Governments throughout President Biden, unlike his prede-
emissions is relatively cheap. Europe dedicate a significantly higher cessor, will lay out the facts and appeal
So when it comes to global warming, portion of their GDP to workforce re- to our better angels. That is what he
tackling methane delivers a huge bang training and offer more flexible family has been doing over these past 100 days:
for your buck. Even a little bit of leave policies. restoring respective, truthful, and re-
methane reduction goes a long way, Some say these kinds of policies are sponsive government.
and it moves far more quickly than not infrastructure, but they very much Almost as important is what Presi-
carbon dioxide reduction. So as we are. Childcare is a necessity in the 21st dent Biden is not doing. President
move on this bill, which will have its century, and a lack of access to Biden is not constantly stoking divi-
effect on global warming within a year, childcare can be a throttle on future sion, outrage, and racial animus. He
it gives us some time, although we economic growth because it affects doesn’t fan the flames of every single
don’t have much, to deal with the millions of American families. culture war. He doesn’t seek to person-
longer term and even more difficult As technology and automation re- ally dominate every single news cycle.
issues of carbon dioxide. place jobs in certain sectors of the He doesn’t insult, degrade, or con-
That is why President Obama put the economy, workforce training is a must. stantly lie. And it matters.
rules in place nearly 6 years ago. And Giving our children a head start earlier Newspapers are littered with first-
at the time, amazingly enough, even in life with pre-K education has bene- hand accounts of Americans who feel
the oil and gas industry welcomed fits that span a child’s entire life and they can finally sleep at night without
them. Industry doesn’t want leaks in so will affect our country positively for worrying about what new scandal, out-
their pipelines and production any decades to come, economically, so- rage, or unhinged tweet the next morn-
more than we do. cially, and in renewing the American ing would bring. As one Republican op-
But President Trump, inexplicably, spirit, which is so important to our fu- erative put it recently, ‘‘Now there’s a
did away with these safeguards last ture. sense of relief. Imagine there’s a car
September. It seems he does these These things are just as important. alarm that’s been going off for a long
things out of pique, mindlessly oppos- The kinds of policies that deal with time and suddenly it’s quiet.’’
ing something just because his prede- human infrastructure are just as im- Politics is an important part of
cessor, Barack Obama, did it. It is very portant as roads and bridges, which, of American life, but it is not meant to be
possible that the President didn’t even course, are, no doubt, important in all-consuming. It is not supposed to
understand what he was doing. But he their own right. This is not an either/ keep average citizens up at night. Poli-
so often acted out of anger and vindic- or—human infrastructure or brick-and- tics is supposed to be where we come
tiveness, not out of what was good for mortar structure. We must say yes to together to solve our differences ami-
the country, that he ended up doing both. We don’t want to choose one cably, not an arena of endless partisan
this. versus the other. That is like choosing warfare or a bottomless pit of chaos.
I am greatly looking forward to between children, both of whom we So as President Biden prepares to ad-
righting that wrong today, hopefully, love. dress the Nation tonight, it is worth
in a bipartisan fashion. We have at In the modern world, we need both noting that, as much as we have ac-
least one Republican Senator who has infrastructure that matches a 21st cen- complished in the first 100 days, the
joined us, and I hope that many more tury economy and human infrastruc- contrast in style, tone, and effective-
will follow suit. If the leaders of the oil ture that allows our workers and fami- ness between President Biden and
and gas industry are for this, how could lies to succeed in it. So I applaud Presi- President Trump is important too.
our Republican friends not vote for it? dent Biden for putting this plan to- As we seek to repair the wounds left
I won’t speculate on the reasons, but gether. It is just the right approach. by January 6, as we seek to restore
none of them are good. I would add one final comment here. faith in government and in our democ-
I want to commend my colleagues All of our Republican colleagues— racy, it is important—so important—to
who have been leaders on this issue: every single one—regrettably, chose to have political leaders who act with dig-
Senator HEINRICH, Senator KING, Sen- oppose the American Rescue Plan, de- nity, honor, and have fidelity to the
ator MARKEY. President Biden has spite the fact that a majority of Repub- truth.
challenged the United States to cut its lican voters approved of the legisla- I yield the floor.
greenhouse gas emissions in half by tion. There seems to be a huge dichot- The ACTING PRESIDENT pro tem-
2030. The best way to achieve this am- omy between Republicans in Wash- pore. The Senator from New Mexico.
bitious goal is through bold action by ington and Republicans in the rest of RECOGNITION OF THE MINORITY LEADER
this Congress, through legislation to the country who approve of many of The ACTING PRESIDENT pro tem-
reduce greenhouse pollution while cre- the policies in President Biden’s plans. pore. The Republican leader is recog-
ating millions of jobs and economic Republicans in the rest of the coun- nized.
prosperity in the new clean energy try approved of the checks and invest- Mr. MCCONNELL. Mr. President, to-
economy. ing in vaccines, and they approve of in- night President Biden will deliver his
This is the first and a large step in vesting in infrastructure. I suspect first address to a joint session of Con-
that direction. We have many more many of these policies in the American gress. I will be there, and, like my fel-
steps we must take, of course. The Sen- Families Plan will get high marks as low Kentuckians watching at home, I
ate begins the important work of deal- well. Childcare is popular. Early pre-K will be curious to hear how President
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ing with the climate crisis today by is popular. Early school-hood training Biden tries to square his rhetoric with
passing these very, very significant, is popular. Free community college is the administration’s actions over the
commonsense rules on methane. popular. The list goes on. past 100 days.
AMERICAN FAMILIES PLAN Will our Republican colleagues start Back in January, many Americans
Mr. President, now on a different to listen to their constituents as well hoped they could take the incoming
matter, this morning, President Biden as the rest of the country, or are they President at his word. After a year
unveiled landmark legislation designed still the party of Donald Trump, a spent beating back a historic pandemic
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April 28, 2021 CONGRESSIONAL RECORD — SENATE S2259
and grappling with civil unrest, Presi- citizens behave themselves—behave bipartisan progress on important
dent Biden pledged he would be ‘‘a themselves—he would actually permit issues. For example, when we have
President for all Americans,’’ with them to enjoy small outdoor gath- crafted smart policies to improve ac-
plans to ‘‘repair,’’ ‘‘restore,’’ and erings on July 4th that the CDC guid- tual infrastructure, big bipartisan ma-
‘‘heal.’’ ance already said would be safe right jorities have signed on.
The American people elected a 50–50 now. Just last year, when we worked
Senate, a closely divided House, and a Then there is the environmental pol- across the aisle on targeted rescue
President who preached moderation. icy. On day one, President Biden packages to help American families
He promised that his whole soul was rushed to cancel a pipeline project that weather a once-in-a-century pandemic,
committed to uniting our people. Many would have employed thousands of not one—not one—of the five bills we
hoped his administration would reflect Americans and freeze permitting for passed last year earned fewer than 90
that promise, but the first 100 days more safe, reliable domestic energy. He votes right here in the Senate. This
have left much to be desired. also announced an urgent return to an year, the story has been different.
Over a few short months, the Biden Obama-era deal that has proven unable Behind President Biden’s familiar
administration seems to have given up to curb the signatories’ carbon emis- face, it is like the most radical Wash-
on selling actual unity in favor of cat- sions and unnecessary for the United ington Democrats have been handed
nip for their liberal base, covered with States to reduce our own. the keys, and they are trying to speed
a hefty coat of false advertising. Why would he do that? Because the as far left as they can possibly go be-
That is how the so-called American far left demanded it. In fact, the most fore American voters ask for the car
Rescue Plan, a grab-bag spending bill radical liberals in Congress have taken back.
that directed less than 10 percent to credit for the input of their Green New But it is not too late. This White
vaccines and pandemic healthcare, was Deal manifesto over this President’s House can shake off its daydreams of a
marketed as a COVID–19 relief meas- new agenda. sweeping socialist legacy that will
ure. In actuality, it sent sums of Meanwhile, Democrats have decid- never happen in the United States.
money to State governments whose edly avoided taking ownership of the They can recommit to solving our Na-
revenues had already rebounded and results of their own campaign rhetoric tion’s actual problems, to fostering
declared war on the formerly bipar- on immigration. Reckless mixed mes- consensus instead of deepening our di-
tisan consensus that welfare spending saging has come home to roost in the vide.
should actually be linked to work. form of a humanitarian and security That is what the American people
Or take H.R. 1, the sweeping effort by crisis on our southern border. Soaring want and what they deserve, not an ad-
Democrats to mount a partisan take- numbers of migrants are arriving, some ministration that chooses to govern
over of all 50 States’ voting laws, along wearing Biden campaign shirts, con- like it owes everything—everything—
with the Federal Election Commission vinced, as one put it, that ‘‘Biden to the radical left.
for good measure. After a Republican promised us that everything was going The ACTING PRESIDENT pro tem-
won the White House in 2016, this was to change.’’ Among them are record pore. The Senator from New Mexico.
billed as a massive overhaul for a bro- numbers of unaccompanied children, S.J. RES. 14
ken democracy. Now a nearly identical cramped into overflow facilities, who Mr. HEINRICH. Mr. President, I am
plan is, instead, being marketed as a have become the tragic face of this proud to join with the majority leader
modest dose of preventive mainte- story. Yet through it all, the White and with my colleagues from Maine
nance. It is still the same takeover it House’s foremost concern seems to and Massachusetts to lead this effort
has always been. have been to avoid calling this what it to restore responsible methane emis-
And now we have the American Jobs is: a crisis. sion standards at the EPA. We can
Plan, another multitrillion-dollar And while broken immigration policy take commonsense action right now to
smorgasbord of liberal social engineer- threatens security at our borders, a slow climate change and simulta-
ing that would decimate entire indus- dangerously misguided foreign policy neously reduce the incredible waste of
tries and spend only a small fraction threatens our safety and standing over- a valuable energy resource.
on roads and bridges. It is being sold as seas. Years of carefully assembled mul- Methane is the primary constituent
a serious effort to rebuild our Nation’s tilateral sanctions had created an eco- in natural gas. It is an incredibly po-
infrastructure. It is pretty brazen mis- nomic straitjacket around Iran’s ter- tent driver of the greenhouse effect.
direction. rorist state. But in its haste to turn Over the short term, it is actually 86
At both ends of Pennsylvania Ave- the clocks back to the Obama era, times more powerful than CO2 emis-
nue, Democrats have chosen to live in President Biden’s negotiators have of- sions. It is estimated that about a
an alternate universe where both the fered to give up massive portions of quarter of all the human-caused global
campaign promises they made and the this leverage just to get Iran back to a warming that has occurred since the
mandate the American people delivered failed nuclear deal. Industrial Revolution can be attributed
were actually completely different Further east, American forces have to methane emissions.
than what happened right here on plan- been ordered to make a hasty, total In the United States, the lion’s share
et Earth. withdrawal from Afghanistan; to leave of these human-caused methane emis-
Unfortunately, the real-life effects of coalition partners and vulnerable Af- sions are from the production of oil and
this false advertising campaign have ghans high and dry, especially women gas. That is due in part to outdated—
come thick and fast: pain and uncer- and girls; to pave the way for Taliban oftentimes, even faulty—equipment
tainty at home and dwindling leverage rule; and to enable an al-Qaida resur- and pipes that leak methane into the
and virtue-signaling abroad. gence that could again threaten our air, wellheads that leak methane.
First came mixed messages on the homeland. Many oil and gas operators also en-
status of the pandemic. Existing vac- And while national security experts gage in a practice known as flaring,
cine distribution efforts surpassed are nearly unanimous in urging the ad- where operators ignite and burn off ex-
President Biden’s supposedly ambitious ministration to focus on competition cess gas, and, worse yet, venting, where
daily target on the day he was sworn with Russia and China, the White uncombusted natural gas is simply re-
in. House has proposed to cut defense leased into the air.
When their own top health officials spending after inflation and put our Now, beyond the obvious con-
accidentally let slip the hard science Armed Forces on the back foot—ignor- sequences for climate change, these
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on school reopenings, the administra- ing the facts, passing the buck, and types of methane emissions waste in-
tion bowed to Big Labor and walked squandering leverage. credibly valuable energy resources.
back their comments. This is not what the American people Fugitive methane also harms public
And the President continues to issue bargained for, and they know it doesn’t health by polluting the air that we
directives that are strangely out of have to be this way. Past Presidents breathe. When methane leaks from oil
step with the science, like his big an- and Congresses have found ways to and gas wells or pipelines or other in-
nouncement several weeks ago that, if work effectively to make lasting and frastructure, harmful carcinogens—
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S2260 CONGRESSIONAL RECORD — SENATE April 28, 2021
carcinogens like benzene and other That is completely unacceptable Without clear Federal rules in place
volatile organic compounds—also leak when companies have the knowledge, at the EPA, however, industry-led vol-
into the air alongside it. That means have the technology, have the work- untary emissions reductions simply
more children suffering from asthma force to fix these leaks and stop the won’t go far enough to curb the prob-
attacks and more seniors having trou- wasteful practices of venting and flar- lem that we have. We need clear stand-
ble breathing. ing. ards that create clear requirements for
Methane pollution is real and present When we set clear rules and emission reducing waste and harmful pollution.
in many States, and it is a real prob- standards, most oil and gas operators And it is not just me saying this.
lem in my State of New Mexico. We are onboard with updating their equip- Since we announced this effort to use
saw clear evidence of this over the ment and their practices to minimize the Congressional Review Act, more
Four Corners region in northwestern methane leaks and to bring that nat- and more leading companies in the oil
New Mexico—the San Juan Basin—and ural gas that they produce to market. and gas sector have come forward to
southwestern Colorado, when a giant That is their business plan, not wasting say that they would welcome rein-
cloud of methane, about the size of the methane. stating the EPA’s methane emissions
State of Delaware, became so large by We saw this bear out in practice in standards.
the mid-2000s that it could actually be New Mexico over these past 2 years, as That includes the EQT Corporation,
seen by NASA satellite images. our State’s oil conservation commis- one of the Nation’s leading natural gas
This chart right here is a map from sion convened conservation and public producers, which operates in West Vir-
NASA of the western United States. health advocates and local oil and gas ginia and Ohio and Pennsylvania. In a
You can see right here the cloud of producers to establish State-level statement, EQT’s president and CEO,
methane over the Four Corners, which methane emissions rules. Toby Rice, called the reinstating of
coincides exactly with the San Juan New Mexico’s new rules govern not uniform Federal methane standards
Basin, where much of our oil and gas just oil and gas production sites but ‘‘sound federal policies’’ and com-
has been produced over the course of also things like pipelines and storage mitted to ‘‘producing our natural gas
the last several decades. sites that also oftentimes leak meth- in accordance with high environmental
You can see from this map, from the ane into the atmosphere.
and social standards.’’
Jet Propulsion Laboratory, how real And under our new State rules, oil
The major oil company Total USA
and urgent the issue is. In recent years, and gas operators have the flexibility
says:
to choose the best technologies to meet
researchers have detected increasing We welcome direct federal regulation of
the target of capturing 98 percent of
levels of dangerous methane pollution methane emissions and support resolution
their natural gas by 2026.
now over southeastern New Mexico, A spokesperson for the New Mexico
via the Congressional Review Act.
over the Permian Basin, where oil and Oil and Gas Association recently said Shell U.S. tweeted:
gas operations have been booming for that the group supports this goal and Sound policy surrounding natural gas is
the last decade. the newly finalized rules, which pro- critical to its role in the energy transition.
It is clear that this oil and gas pro- We need to restore the direct federal regula-
mote ‘‘safe, responsible production of
ducing region has joined the San Juan tion of methane emissions—and we urge Con-
oil and gas.’’ gress to approve the methane resolution
Basin as another major contributor to New Mexico has now joined other
our methane emissions challenge. under the Congressional Review Act.
western States—States such as Colo-
Late last year, the EPA and the New Not my words; Shell—one of the
rado, North Dakota, and Wyoming—
Mexico Environment Department con- that have already adopted strong world’s major producers of oil and gas.
ducted helicopter flights over both the These are the words of industry lead-
State-level methane emissions rules.
San Juan and Permian Basins. They Until just recently, we also had ers who welcome us setting clear
used forward-looking infrared tech- strong Federal methane rules in place standards on methane emissions.
nology that can detect emissions from at the EPA. Now, unfortunately, these We are voting to reinstate the com-
oil and gas operations that would nor- rules became one more target of the monsense methane requirements for
mally be invisible to the naked eye. Trump administration’s reckless the oil and gas industry’s production
I think if you could see methane, we rollbacks of protections of our clean and processing segments and the meth-
would have solved many of these prob- air and clean water in this country. ane and volatile organic compound re-
lems a long time ago. Late last year, President Trump dis- quirements for oil and gas trans-
For an example of what this tech- mantled an EPA rule that required oil mission and storage facilities.
nology can help us see at an individual and gas producers to monitor for meth- With this vote, Congress will once
oil and gas operation level, look at this ane leaks at their wells, at their com- again affirm that the Clean Air Act re-
side-by-side image from the group pressor stations, and at their other op- quires the EPA to take action to pro-
Earthworks. As you can see, this is erations. tect the air that Americans breathe
what the human eye sees—simple oil This rule, or rollback of a rule, is from dangerous and harmful pollutants
and gas infrastructure, the number of simply a disaster for our climate and like methane, just like we did back in
tanks, some piping. But by using infra- for public health. It was even rejected 2017 when the Senate came together on
red imaging, you can see the enormous by much of the industry that it was a bipartisan basis to uphold similar
amount of methane simply being vent- purporting to help. Many leading rules that govern oil and gas produc-
ed or leaking into the air. That entire American oil and gas producers and tion on Federal Bureau of Land Man-
plume is invisible to the naked eye, companies simply panned President agement lands. In that vote, our
and, were it not so, I would, once Trump’s rollback of these common- former colleague Senator John McCain
again, suggest that we would have sense methane standards. As just one and our colleagues Senator SUSAN COL-
solved these problems a long time ago. example, Gretchen Watkins, Shell’s LINS and Senator LINDSEY GRAHAM
The overflights that were conducted president in the United States, called joined with Senate Democrats in re-
by the New Mexico Environment De- the Trump administration’s rollback taining the BLM’s methane rule that
partment found that methane leak ‘‘frustrating and disappointing,’’ and promoted responsible development of
rates over New Mexico’s Permian Basin pledged to voluntarily continue reduc- natural gas resources on our public
in 2020 had increased by 250 percent ing their methane emissions. lands.
over 2019 levels. It is simply unaccept- Why would they do that? Because it I would hope that all of us, and I
able. mean all of us, sincerely—this is an ef-
SSpencer on DSK126QN23PROD with SENATE
is the right thing to do, because it
Nationally, the Environmental De- makes business sense, because the roll- fort that should receive the support of
fense Fund has found that while oil and back was, frankly, nonsensical. every single Senator in this body. I
gas production has not yet rebounded So repairing leaks and installing new would hope that all of us can come to-
from a crash brought on by the pan- leak detection technologies will also gether on a bipartisan basis once again
demic last year, methane emissions are create a number of good-paying jobs. It to restore and strengthen responsible
already soaring back to prepandemic is really the epitome of a win-win situ- Federal methane standards for oil and
levels. ation. gas operators. I am so pleased that
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April 28, 2021 CONGRESSIONAL RECORD — SENATE S2261
Senator COLLINS has already joined us guishing feature of the Biden Presi- have a razor-thin majority in the Sen-
as a cosponsor on this resolution. dency. ate and an almost equally thin major-
Finally, I would like to point out The President’s first major bill, a ity in the House of Representatives,
that these rules are important not just COVID relief bill, broke the streak of where they lost a substantial number
to the health of oil and gas producing bipartisanship on COVID legislation—a of seats. As for the Presidency, while
States like New Mexico or Wyoming or streak that goes back to March of last certainly a Democrat won the election,
Colorado, because these rules will en- year. Since that time, when we were it is worth noting that the only can-
sure the safety of not just oil and gas the majority, we passed five bills, all of didate who could win the Democratic
production sites but also of the gas them with big bipartisan majorities. primary was a man historically re-
pipelines and the storage sites that Under President Biden, Democrats garded as a moderate. That is right.
exist in every State in this country and shoved through a totally partisan bill Even among primary Democratic vot-
in communities across this country. filled with non-COVID-related liberal ers, the Democrats’ far-left liberal can-
These upstream segments of the oil priorities. didates did not fare so well.
and gas industry are in every single Republicans were more than ready to If there was any mandate in the elec-
community you can imagine in all work with Democrats on additional tion, it was a mandate for moderation,
parts of the Nation. Just like we all coronavirus legislation. In fact, 10 Re- for compromise. Yet the President and
know we need to remove poisonous lead publicans developed a COVID proposal Democrats are behaving as if they had
from our drinking water pipes, we need and then met with President Biden to been delivered a mandate for a partisan
to be sure that the natural gas lines discuss it. But Democrats and the revolution.
that run into our homes and into our President were having none of it. It There has been one encouraging
businesses are not leaking harmful was ‘‘their way or the highway’’ on thing lately, and that is the fact that
methane pollution in the very spaces COVID legislation. No bipartisanship. President Biden seems to actually be
where we all breathe and live. No compromise. It was, support the considering pursuing bipartisanship on
As we transition towards a 100-per- Democrats’ bill and its wasteful spend- an infrastructure package. He has had
cent clean energy future, a future with- ing on non-COVID-related priorities or multiple meetings on infrastructure
out pollution, we must do all that we be left out of the discussion. As I point- with Republican Members of Congress,
can to mitigate the harmful pollution ed out, only about 10 percent—10 per- and while I am still waiting to see just
caused by our current use of fossil cent—of that ‘‘COVID bill’’ was actu- how committed the Democrats are to
fuels, and that is exactly what these ally COVID related. achieving a bipartisan result, I am en-
rules are designed to do. It was a deeply disappointing start to couraged that the President is at least
As President Biden demonstrated the Biden Presidency and a betrayal of talking to the Republican Members.
just last week when he convened lead- the unity that President Biden had A bipartisan infrastructure proposal
ers from around the globe, Americans pledged himself to in his inauguration should be a slam dunk. Congress has a
are ready for us to move past former address. history of bipartisan collaboration on
President Trump’s backward and reck- Unfortunately, the Biden Presidency infrastructure legislation. In fact, our
less vision on climate. Restoring and has mostly continued along in the last major infrastructure bill, the
strengthening methane standards at same partisan fashion. The President FAST Act, received strong support
the EPA will be one of the most power- promised to be a President for the from both Democrats and Republicans
ful steps we can all take here in this whole people yet seems more focused and was a remarkably successful bill.
Senate today to confront the existen- on making sure that he is the Presi- As chairman of the Commerce Com-
tial threat posed by greenhouse pollu- dent for the far left. You don’t have to mittee, I helped to spearhead a bipar-
tion and a warming planet, and it will take my word for it. One of the leading tisan reauthorization of the FAA, in-
make the air over all of our commu- voices of the far left in this Congress cluding of critical programs to improve
nities cleaner and healthier and easier recently stated that President Biden airport infrastructure, and last Con-
to breathe. had exceeded—not met; exceeded—pro- gress, the Environment and Public
For all of these reasons, I would en- gressives’ expectations. Works Committee developed major bi-
courage once again not just a few of Between Democrats and the White partisan infrastructure legislation.
my colleagues but all of our colleagues House, the first 3 months of the Biden There is no good reason that we
to join us in voting for this bipartisan Presidency have been a long stream of shouldn’t reach bipartisan agreement
resolution to restore some common- policies and proposals that seem to on another substantial infrastructure
sense and some responsible Federal have come right from the progressives’ bill, but it will require a commitment
standards for the waste and leakage of playbook—proposals for tax hikes and from the Democrats and the President
methane. more tax hikes and still more tax hikes to real bipartisan work and a recogni-
I suggest the absence of a quorum. to pay for new government programs tion that bipartisanship involves com-
The PRESIDING OFFICER (Mr. like the President’s Green New Deal- promise and that no one side is going
LUJÁN). The clerk will call the roll. esque Civilian Climate Corps; a sharp to get everything its Members want.
The senior assistant legislative clerk retreat from border security, with a Bipartisanship is not the Democrats
proceeded to call the roll. huge crisis going on at the border as a inviting the Republicans to support the
Mr. THUNE. Mr. President, I ask result; a bill that would place unprece- Democrats’ ideal bill. Bipartisanship is
unanimous consent that the order for dented restrictions on the free exercise sitting down at the table, identifying
the quorum call be rescinded. of religion in the name of equality; leg- what we agree on, and then working
The PRESIDING OFFICER. Without islation to dramatically revise our out a solution to our differences that
objection, it is so ordered. electoral system to ensure Democrats’ involves both sides accepting com-
The Republican whip. hold on power. The list goes on. promises.
BIDEN ADMINISTRATION Once an ardent defender of America’s I hope that, tonight, the President
Mr. THUNE. Mr. President, this core institutions, the President re- will go beyond empty talk about bipar-
evening President Biden will deliver cently established a commission to ex- tisanship and make an actual, concrete
his first address to Congress. I have plore the idea of court-packing—per- commitment to achieve bipartisan re-
been asked, I think as most Members haps the most outrageously partisan sults, starting with infrastructure leg-
have, by the media: What do you ex- and political proposal we have seen in islation. I hope, although I do not real-
pect to hear? What do you want to this century. ly expect, that he will move away from
SSpencer on DSK126QN23PROD with SENATE
hear? From the way Democrats are behav- the policies and partisan priorities of
Honestly, I am interested to hear the ing, you would think that the Amer- the far left and toward a more mod-
direction the President will set in his ican people had elected overwhelming erate vision, more in keeping with the
speech. The President’s inaugural ad- Democratic majorities and a President bringing together of Americans that he
dress leaned heavily into the theme of with a reputation as a strong leftist. Of spoke of in his inaugural address.
unity and bipartisanship, but unity and course, that isn’t close to being the Ultimately, what matters the most is
bipartisanship have not been a distin- case. We all know that. Democrats not what the President will say tonight
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S2262 CONGRESSIONAL RECORD — SENATE April 28, 2021
but what he will do in the days and for EPA to evaluate opportunities to day like today a lot of stories from my
weeks to come. Will he finally deliver promulgate even stronger standards home area. I live in northeastern Penn-
on that promise of unity that he spoke under section 111 of the Clean Air Act sylvania. I live in Scranton, PA, which
of in his inaugural address or will he to address dangerous methane and at one time was the anthracite coal
continue to pursue the partisan path other pollution from both new and ex- capital of the world, that region was.
that progressives have laid out for isting sources across the oil and gas Every family, every community
him? For the sake of our country, I sector.’’ seemed to have a story about one of
hope he chooses bipartisanship. That is right. They want to come for- their loved ones—sometimes a grand-
I yield the floor. ward with even stronger clean air regu- father or a great grandfather or an
I suggest the absence of a quorum. lations on the sector than the Obama uncle or a grandmother or some rel-
The PRESIDING OFFICER (Mr. administration did. But before even ative—and how they struggled in those
OSSOFF). The clerk will call the roll. starting a rulemaking to ask for public days.
The bill clerk proceeded to call the comments, the Biden administration One story is not, unfortunately,
roll. has made up its mind to regulate much atypical. This is a story about an 11-
Mrs. CAPITO. Mr. President, I ask more aggressively. I guess I am not year-old boy working in the anthracite
unanimous consent that the order for really surprised. Now it is time; it is coal mines.
the quorum call be rescinded. just waiting to identify the best oppor- In those days, in order to pull the
The PRESIDING OFFICER. Without tunities to do so. coal out of the coal mine, you had to
objection, it is so ordered. We shouldn’t demonize an industry fill a coal car with coal, but it had to
S.J. RES. 14 that is part of the lifeblood of our econ- be pulled out of the mines by a mule. I
Mrs. CAPITO. Mr. President, I rise in omy. We should celebrate the emission- am talking about the early 1900s.
opposition to the resolution of dis- reduction accomplishments and look In this case, this 11-year-old boy—
approval on the Trump EPA’s methane for ways to further incentivize those. and, of course, it was permissible in
policy rule. Let’s focus on solutions that address those days to allow someone that
This resolution we have in front of us our climate challenges without de- young to work in a coal mine—this
today is nothing more than political stroying the economic engines of young kid reached down to get the
posturing, I believe. Ironically, the growth, solutions that don’t pick win- straps that connected the mule to the
Democrats are targeting natural gas ners and losers. coal car, and then, when he was bend-
for blame when methane emissions The market is pushing industry to ing down to pick up one of those leath-
have actually fallen. According to EPA lower its methane emissions. And for er straps, the rear hooves of the mule
data, natural gas systems in the United those still flaring gas, one way to re- kicked him square in the face.
States reduced their overall methane duce flaring is to build out our pipeline Here is the description of what hap-
emissions by nearly 16 percent between infrastructure so they can get the pened after that mule kicked the 11-
gas—the very commodity they are try- year-old, and I am reading from an ac-
1990 and 2019. It is widely recognized
ing to produce and sell—to the market. count:
that the shale gas boom led to signifi-
So let’s come up with solutions that [The] kick hurled him over a loaded five-
cant greenhouse gas emissions reduc-
actually help protect our planet and foot-high coal car and into the wall of the
tions across our power sector. mine—the ‘‘face’’ of the mine, as the miners
don’t overregulate industry for polit-
Some climate change advocates, in- would say.
ical points, solutions like improving
cluding those in Washington, want to The 11-year-old had his nose
the environmental review and permit-
ban oil and gas production and use, and smashed.
ting processes so that we can complete
they oppose the maintenance and ex- He had an open wound from his forehead
these pipeline projects more efficiently
pansion of our pipelines in this coun- across his eyebrow, down his nose, through
and cleaner.
try. The CRA is part of that effort, I I urge my colleagues to vote against his lip, and into his chin.
believe. the resolution, and I urge my col-
No ambulance was called. No paramedics
The CRA is part of a plan to double came to save him. Work didn’t even stop.
leagues to focus on real, unifying solu-
down on an industry that the Biden ad- tions. Then the account goes on to talk
ministration—obviously, from the day I yield the floor. about how the mine boss had another
the President took office—does not The PRESIDING OFFICER. The Sen- young kid walk this 11-year-old out of
support. Just yesterday, the Biden ad- ator from Pennsylvania. the mine, taking the child home—a
ministration’s Office of Management WORKERS MEMORIAL DAY long, perilous journey home.
and Budget issued a Statement of Ad- Mr. CASEY. Mr. President, today is Once he finally made it home, [the 11 year
ministration Policy on the resolution old’s] mother called a doctor and they laid
Workers Memorial Day, when we re-
we are considering today. The state- him on the dining room table, where the doc-
member all of the workers in our Na- tor sewed the long gouge in his face back to-
ment does not hide the disdain that the tion who have been killed, who have gether. There were no benefits—no worker’s
administration has toward the oil and been injured, or who became sick on compensation, no safety net in place to take
gas sector. The statement presents a the job. On this day, we reflect upon care of the adult worker, much less an in-
laundry list of alleged harms to Ameri- the losses these workers and their fam- jured child.
cans from the oil and gas industry and ilies have suffered, and we also—and I That is, unfortunately, an account
none of the benefits. It doesn’t mention believe we must—recommit ourselves that was all too common in those days.
that, as our natural gas production and to ensuring that every worker in Amer- Much has changed, fortunately, but,
use have gone up, our country’s overall ica is safe on the job. candidly, not enough.
greenhouse gas emissions have gone On a day like today, I am remem- We mark today the 50th anniversary
down. It does not talk about the wage bering Pennsylvania workers—not only of the Occupational Safety and Health
gap between natural gas sector jobs the workers of today and the chal- Act going into effect. It just happens to
and so-called green jobs. lenges they face in the workplace and be today. This is a landmark achieve-
As POLITICO reported this week, the challenges their families still face, ment in the fight to guarantee every
‘‘The median wage for solar workers is especially in the grip of and, we hope, worker a safe workplace. It was passed
$24.48 an hour compared with $30.33 for ultimately in the aftermath of a ter- because of the tireless efforts of work-
those employed by the natural gas sec- rible pandemic, but we are also, of ers and unions that stood up for their
tor, which amounts to a roughly $12,000 course, remembering those who came fellow working men and women and de-
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annual wage gap.’’ before them, generations of workers in manded government action that led to
In yesterday’s statement, the admin- a State like Pennsylvania, folks who the so-called OSHA Act. There re-
istration showed its cards for its next built this country, made this country mains, of course, much work to be done
step. The passage of this resolution run, and helped us win World War II, to protect our workers.
would lay the groundwork for a not to mention other battles, economic Let’s turn to the pandemic and our
planned regulatory war on oil and gas. and otherwise. workers.
According to the administration, to- So we are remembering those stories. The COVID–19 pandemic has made
day’s resolution ‘‘clear[s] the pathway I am also remembering, of course, on a clearer than ever the need for action to
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April 28, 2021 CONGRESSIONAL RECORD — SENATE S2263
strengthen workplace protections, en- tration, and its sister Agency, MSHA, do every day and want to do. It is a
sure workers can stand up and advo- the Mine Safety and Health Adminis- high calling to care for people with dis-
cate for safe workplaces. tration, have the authority, the re- abilities and seniors.
The virus has touched every work- sources, and the personnel they need to So just like that 11-year-old boy and
place in the country, presenting a new protect workers every day of every so many like him in those days, we
threat to workers’ health on the job year. have to make sure that today’s work-
unlike any we have seen in our life- Our Nation’s workforce has done he- force is the subject of our protection, is
times. roic work throughout this pandemic. the subject of our attention, and is the
Throughout the pandemic, millions One part of that workforce that has subject of our investment. Let’s lift
of workers have been at risk—at risk of done both essential and heroic work them up so that we have the best work-
contracting the virus as they did their over the past year is our Nation’s force in the world and the safest work-
work, having to worry every day when home- and community-based services places, not only on Workers Memorial
they headed home about their health workforce, often not talked about in Day but every day.
and, of course, the health of their fami- the debates here in Congress. I yield the floor.
lies. These workers are the backbone of I suggest the absence of a quorum.
The death toll from this virus, this our caregiving infrastructure, and we The PRESIDING OFFICER. The
pandemic, is staggering. More than know that as part of the rescue plan, clerk will call the roll.
570,000 Americans are dead; more than President Biden—I am sorry—as part of The bill clerk proceeded to call the
26,000 in Pennsylvania. These, of the American Jobs Plan the President roll.
course, were mothers and fathers and has proposed and we have not yet Mr. WHITEHOUSE. Mr. President, I
grandmothers and grandfathers, sisters passed, but we are working on it, Presi- ask unanimous consent that the order
and brothers, neighbors and friends. dent Biden has called for a $400 billion for the quorum call be rescinded.
The disproportionate effect on people investment to be directed to invest in The PRESIDING OFFICER. Without
of color is also staggering—those who seniors and people with disabilities and objection, it is so ordered.
are widely represented in the essential S.J. RES. 14
to support this vital and undervalued
workforces that have continued to go Mr. WHITEHOUSE. Mr. President, I
workforce.
to work every day throughout the pan- This great American idea to develop am here to speak on the upcoming
demic. This disproportionate impact on the best caregiving workforce in the methane Congressional Review Act
people of color has been especially dis- world—not one of the best, not second matter and speak in support of over-
turbing and devastating. or third, the best workforce in the turning the Trump misrule regarding
The toll never should have been this
world—to care for and to provide sup- the problem of methane emissions.
high, and workers never should have Let’s just start by setting the stage
port and services to people with dis-
had to face the risk they faced every that about one-quarter of the global
day during the pandemic. abilities and seniors—this great Amer-
ican idea is an idea that is focused on warming that we have experienced has
To honor all of these workers and
that workforce, which is a workforce been due to methane and about one-
their families, we must continue to
take action to protect them on the job primarily of women of color making third of that is due to the activities of
and ensure that workers are never left only $12 an hour. the oil and gas industry. So this is a
as vulnerable as they were in the pan- We can’t say that we have the best very significant part of our climate
demic. caregiving workforce in the world if we problem—I should say our climate and
Now, we have made some steps— are not going to invest in that work- oceans problem—and we don’t actually
taken some steps recently. The Amer- force and lift them up. The American know how bad it is.
ican Rescue Plan, passed by Congress people want this to happen. This is The Environmental Defense Fund has
and signed into law by President Biden, overwhelmingly popular. More than 70 recently estimated that methane emis-
has already been critical to helping percent of the American people want us sions from oil and natural gas oper-
protect workers from COVID–19. The to make this investment in home- and ations could be as much as 60 percent
rescue plan provided billions to help community-based services, thereby higher than previous estimates. So it is
get Americans the vaccines they need lifting up that workforce so that we a significant part of the problem.
and to ensure that frontline workers can provide better care for people with One of the reasons we don’t know
receive the supplies and personal pro- disabilities and seniors so they can not how bad the problem is, is because of
tective equipment they need to stay only survive but also thrive. the way the oil and gas industry has
safe on the job. It also included $100 Making this investment is a vital behaved about reporting its methane
million for OSHA to protect workers part of raising standards and working problem. Now, just to understand, what
on the job. So we can celebrate that on conditions for this essential workforce the natural gas industry would like to
this celebration of Workers Memorial and for all workers. tell you is that natural gas is a far
Day. This $100 million in funding is es- Let me conclude with this, the story cleaner fuel, far safer from a climate
sential to help defeat the pandemic but of the 11-year-old boy kicked in the perspective, than coal or than oil—
also, in the process, to keep workers face in the anthracite coal mines of bunker oil or whatever else you want
safe. northeastern Pennsylvania. That 11- to burn. And it is true that once nat-
We must ensure that policies are in year-old was my grandfather. His name ural gas has been burned at the burner
place to strengthen our workplace safe- was Alphonsus Liguori Casey, and he, tip, it is less harmful. But what the
ty laws and also to strengthen enforce- like a lot of young kids, started in the natural gas industry wants you to for-
ment. coal mines at that age, at the age of 11, get is everything between the well and
We must ensure that the highest between—worked in the mines between the burner tip because through that
standards—the highest standards— 1905 and 1910. Of course, when he enormous web of piping occurs so much
which are informed by recent science, worked in the mines, there were no leakage that satellites flying overhead
exist to protect workers from all protections—virtually none, even for a can pick up the pools of methane float-
threats to their health, whether it is child. Thank goodness we have made a ing in our atmosphere from the leak-
exposure to COVID–19 in a grocery lot of progress since then, but we still age. The natural gas industry doesn’t
store or silica dust in a coal mine. have a long way to go to make sure want to talk about that.
We must strengthen workers’ ability, that all workers in all workforces are One of the things that they did is
protected in their workplace. they got the Trump administration to,
SSpencer on DSK126QN23PROD with SENATE
of course, to organize and bargain col-
lectively by passing the PRO Act, the We also have to make sure we are early on, withdraw EPA’s request that
Protecting the Right to Organize Act. making the appropriate investments in in the previous administration the in-
The PRO Act would ensure workers them to call ourselves the greatest dustries more or less agreed to that
have a voice on the job and are able to country in the world. We can’t say we would have required oil and gas compa-
advocate for safe working conditions. are the greatest country in the world if nies to report on their methane emis-
We must ensure that OSHA, the Oc- we are paying people $11 or $12 an hour sions. When the fossil fuel
cupational Safety and Health Adminis- to do the important work they have to apparatchiks occupied in the Trump
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S2264 CONGRESSIONAL RECORD — SENATE April 28, 2021
administration the offices at EPA, En- that, when it is free to pollute, people We would start it in 2023, so that the
ergy, and Interior, and other places im- will pollute. If corporations view them- industry, which has been so reprehen-
portant to the industry, they did what selves as having only an obligation to sible in its leakage, in its influence
the industry wanted, and the very first their shareholders and only an obliga- over EPA, and in its influence in the
thing, March 2, 2017, was to withdraw tion to their shareholders that is de- Trump administration—we are actu-
the request that would have had oil nominated in dollars, why would they ally giving them a chance to clean up
and gas companies report how bad ever spend any money at all to protect their act and do what they should have
their methane leakage actually was. against pollution, unless they were re- done all along. So it would begin in
It didn’t take long to follow that up quired to or unless it had a cost? 2023, and it would cost them $1,800 per
on March 28, with an Executive order We know it actually has a cost. Peo- ton of leaked methane.
from Trump directing EPA to suspend ple suffer from pollution; that is a cost. You leak it; you pay for it. It is not
or rescind existing methane regula- Our oceans are acidifying because of that complicated. When I was growing
tions for the oil and gas industry. carbon dioxide pollution; that is a cost. up, we had a pretty simple rule in my
But that wasn’t enough for the oil People lose their homes in wildfires family: You spill it; you clean it up. I
and gas industry. On April 19, they got that didn’t used to happen; that is a don’t know why that is suddenly not an
EPA to postpone implementation of a cost. My State has to plan to lose its appropriate rule when the company
rule that would have required them to current map to sea level rise and to and the industry gets big enough and
equip new wells with equipment to pre- lose precious shorefront land; that is a has enough political power and dark
vent methane leaks. You wouldn’t cost. These are real costs. The industry money to be pulling strings around
think that would be asking too much, just doesn’t want to pay them. They here. That ought to be the rule. You
particularly from an industry that want a free ride on everybody else’s spill it; you clean it up. You leak the
wants to tell everybody that it is bet- suffering, and one way to solve that is methane; you pay for it.
ter for the climate and the environ- to put a price on the pollution. So I hope that we can get that meth-
ment than the rest of the fossil fuel in- And, by the way, this is not a liberal, ane factor passed into law, as well, be-
dustry. But no, they asked EPA to Democratic environmental agenda. cause we know perfectly well that this
undo that requirement so they could This is economics 101. Milton Fried- is not an industry that is going to pur-
more readily leak methane from new man, for Pete’s sake, said that if you sue the public interest if it is not re-
want to have an economic system that quired to. We saw that in the Trump
wells.
Even that wasn’t enough. In May of works, you have to put what he called administration. We saw it on March 2,
2017, they got the Department of the ‘‘negative externalities,’’ the bad 2017. We saw it on March 28, 2017. We
Interior to suspend a rule that would things that happen that hurt other peo- saw it on April 19, 2017. We saw it on
have required oil and gas companies to ple. You have to put the cost of that May 10, 2017. We saw it on September
into the product. Otherwise, you don’t 11, 2018, on August 28, 2019, and on Au-
curb the flaring of methane from their
have a market system. You have a sub- gust 13, 2020. Over and over and over
oil and gas wells on public lands.
And then again, September 11, 2018, sidy system. You are picking winners again, they hurt the public by using
they got EPA to propose a rule to and losers. their clout over the regulatory Agency
As much as my colleagues on the of this country to their own benefit.
weaken the methane leak detection
other side like to say that they don’t You can’t count on them to take care
and repair requirements for their new
like subsidies and they don’t want to of this on their own. They just won’t.
wells—weaken the detection and repair see government picking winners and They have proven that. That is not a
requirements for methane leakage losers, when it is the fossil fuel indus- contested fact any longer. We gave
from their own wells. try that gets subsidized, when it is the
Then they proposed a second rule to them the chance to clean up their act
fossil fuel industry that is the winner, without this kind of requirement, and
eliminate EPA’s regulatory authority
they can’t line up fast enough to sub- they totally failed. In fact, they spent
over methane emissions from oil and sidize and pick winners and losers.
gas facilities. That is getting a little all their energy trying to degrade the
So we are going to have to work pret- regulatory authority that kept them
bit out there because methane is a ty hard to solve this problem because trying to clean up methane.
greenhouse gas regulable as a pollutant we have some real hazards in front of Let’s solve this problem. Methane is
by the EPA, and it also has a whole lot us. What my bill would do is to meas- a real problem. There is a lot of it
of unfortunate characteristics for peo- ure the thing that they didn’t want to changing our climate. The climate sit-
ple who have to breathe it in entirely do—measure methane emissions from uation has become an emergency.
apart from the climate harm and dam- oil and gas production. As I said, new Methane is easily preventable from
age it does. But that is what the oil developments in satellite technology leaking. And, by the way, here is the
and gas industry wanted the EPA to means that we don’t have to depend on added bonus: It gives a lot of people
do, to eliminate its regulatory author- them any longer. We can actually do a jobs. There is a lot of work that we can
ity over methane emissions. lot of this measuring. We can check do to reclaim the damage that the fos-
Then, more recently, on August 13, their measuring. We can, to use Rea- sil fuel industry has caused. Cleaning
2020, they got EPA to promulgate a gan’s phrase, ‘‘trust but verify’’ what up the wells, cleaning up the mines,
rule to eliminate that rule—to elimi- they are reporting with a whole lot of cleaning up the piping—those are all
nate that regulatory authority over other data that we can pull together. real jobs.
methane emissions from oil and gas fa- So get the data. How much are they So let’s get after it. Let’s start with
cilities. leaking? Figure it out basin by basin the CRA. Let’s go on to a proper meth-
This is dirty conduct by an industry, because that is where it really happens. ane fee to put the leaking out of busi-
to take advantage of its ability to It happens in these pools that emerge ness and on from there.
plant industry operatives in positions from the basins from all of the leakage. I yield the floor.
of public responsibility in order to leak And then put a price on it. I suggest the absence of a quorum.
more methane, put less equipment in It is not hard to do. There is a social The PRESIDING OFFICER. The
place to protect against methane leak- cost of carbon that President Obama clerk will call the roll.
age, and reduce its requirements even proposed. President Biden has put it The bill clerk proceeded to call the
to report on the methane leakage that back in at the previous level, while roll.
is going on. That is not responsible cor- they get to work on figuring out what Mr. KING. Mr. President, I ask unan-
porate conduct. These rules are a dis- imous consent that the order for the
SSpencer on DSK126QN23PROD with SENATE
updates there should be to it. We have
grace. The CRA should pass, and we a social cost of carbon. You can quan- quorum call be rescinded.
should get on to taking on this prob- tify the methane harm and compare it The PRESIDING OFFICER. Without
lem of methane. to the carbon harm. You can make an objection, it is so ordered.
I will close by pointing out that I equivalency between those two and you S.J. RES. 14
have a bill that would do quite a lot to can determine what the social cost of Mr. KING. Mr. President, later today
solve this problem. One of the problems methane leakage should be. It is really we will have one of the most con-
in this whole enterprise of pollution is not all that complicated. sequential votes we have had in this
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April 28, 2021 CONGRESSIONAL RECORD — SENATE S2265
body in years, perhaps the most con- mate in the band around the central It’s widely acknowledged that methane is a
sequential vote in terms of our climate part of the Earth is in the hundreds of highly potent greenhouse gas with a global
and the risk that climate change im- millions—between 100 and 200 million warming potential 80 times greater than CO2.
Beyond the long-term impacts related to cli-
poses on all of us here in America and climate migrants who are escaping a mate change, methane emissions also have
across the world. It is a pretty place that they can’t live in anymore implications for local air quality. We owe it
straightforward vote, although it is an because of drought, because of famine, to the communities where we live and work
interesting procedural problem. because of a lack of drinking water, or to reduce these emissions.
The vote is a Congressional Review just because of high temperatures. Who said that? ANGUS KING didn’t
Act vote to repeal the repeal of the reg- Humans aren’t evolved to live in say that. Shell Oil said that. Many, if
ulation on the release of methane from places that are at 130 degrees of heat. not most, of the major producers of oil
oil and gas, both drilling and transpor- So people are going to be on the move. and gas in this country are supporting
tation. A repeal of a repeal is the legis- Think of the disruption caused by the this vote today. This is not a vote
lative equivalent of a double negative, immigration or the migration from where fossil fuel is on one side and the
and, of course, we all know a double Syria and multiply that by 10, 20, 30, 40 environmental community is on the
negative produces a positive, and that times. That is what we are talking other. No, this is a broad coalition of
is exactly what will happen in this about, and that kind of pressure and people worried about health, of people
case. famine and drought and all of those worried about the environment, of peo-
Some years ago, regulations were im- things throughout history are what ple worried about climate change, and
posed upon the oil and gas industry to have caused wars. also people in the industry who are
control the escape of methane from It is a threat multiplier. It is a worried about the effects of this on
drilling operations. This isn’t about threat creator. It is, in fact, a national their industry if we don’t take care of
natural gas or oil; this is about fugitive security issue. This isn’t about just this.
gases that escape into the atmosphere being concerned about whether we will And here is very interesting data. We
as part of the drilling process or the have more warm days in April. This is all know that different technologies
transportation process. a national security issue, and it is of have different impacts on the environ-
The problem is that methane is the worldwide import. ment, and these bars are the emission
nuclear weapon of climate change. Now, why is this vote today impor- levels per unit of energy produced of
Methane is 80 times as dangerous as tant if it is a worldwide issue? I have various alternatives: air pumps, wood
CO2 in the atmosphere, in terms of cap- had people say to me: Angus, why are pellets, natural gas, propane, heating
turing heat and contributing to cli- we going through all this? Why are we oil, coal. These are all in use in the
mate change—80 times; not 80 percent going to cost ourselves any money United States.
more, not 8 times more, 80 times more. when it is just as big a problem coming We have substantially lowered our
Now, the good news is methane only from China or India? emission of greenhouse gases because
persists in the atmosphere for about 20 We can shut down all of our busi- of the conversion from coal and oil to
years; CO2, unfortunately, over 100 nesses in Maine, and we are still not natural gas, and that hasn’t been
years. So because of its short residence going to be able to solve this problem, caused by regulation or by the dead
time and its high potency, removing it nor could we if we did it in the United hand of government. That is because of
now will have immediate and substan- States. Molecules of methane or CO2 the market, because of the enormous
tial effects on the overall amount of don’t care about borders. They go production of natural gas in this coun-
greenhouse gas that is in our atmos- around the world, and they are causing try.
phere. this problem to happen around the Now, here is the problem—and I have
There is nothing we can do in the world. always thought of natural gas as a
short run to deal with climate change But, yes, this vote today is important transition fuel. Sixty percent of our
that is more significant than the vote because it is a signal to the rest of the electricity in New England comes from
that will take place on this floor in a world that we are serious about this natural gas, and, indeed, our CO2 is
few hours. This is probably, as I said at problem. A negative vote today is a down because of that. But here is the
the beginning, one of the most impor- signal to the rest of the world that we problem. See this little black line
tant votes that we will have in this don’t care, and the rest of the world is here? That is the actual emission from
Chamber in order to forestall and slow going to be paying attention. natural gas if you count methane.
the climate catastrophe that everyone This is a global problem. It is going So the environmental, the climate
acknowledges is headed toward us— to take solutions from every country advantage of natural gas disappears if
whether it is wildfires, whether it is and particularly from the larger emit- you count the methane that is released
changes in ocean temperature that af- ting countries, like the United States, in the production of natural gas. But it
fect sea life, whether it is hurricanes, like China, like India. But we have to is controllable. It is not inevitable. It
whether it is pure temperature. show that we are willing to do it here, is not something that is impossible.
Let me talk a bit about climate if we are going to ask other people to There are now technologies to survey
change as a national security issue. I make these kinds of steps in their pipelines to detect leaks and to prevent
serve on the Armed Services and Intel- country. And that is why I think this them. It is really pretty straight-
ligence Committees. It is a national se- vote has international implications as forward. If you have a pipeline that is
curity issue for a number of reasons. well as national. leaking and is putting methane in the
One is sort of dollars and cents. It af- Now, what about the cost? Are we atmosphere that is 80 times as bad as
fects our military facilities around the imposing some enormous cost, or are CO2, let’s fix it. And that is all we are
world that are going to be affected by we talking about new technology? No, talking about today.
rising sea levels. We are going to have this is a relatively cheap way to get a We are talking about restoring com-
to spend billions of dollars in order to major improvement in the emission of monsense regulations on the release of
shore up those facilities. So that is just greenhouse gases. dangerous climate-change-inducing
kind of nuts and bolts, dollars and We are not talking about carbon cap- gases, principally, methane. Some of
cents. ture, which is very important, but we the other things that are released are
But the part that really worries me are a ways away from cost-effective also dangerous for people living in the
is migration. We all know about the carbon capture technology, and the area of the well or the pipeline leak.
migrants from Syria, from the Syrian I am not opposed to the use. I mean,
SSpencer on DSK126QN23PROD with SENATE
costs are still very high. This is of rel-
civil war. I don’t know the exact num- atively low cost. right now, as I say, natural gas is the
ber—maybe 4 or 5 million. But those Regulating methane emissions from oil preferred alternative—and you can see
migrants upset the political system of and gas production is the right thing to do why—except for the methane problem.
all of Europe and created a major polit- for our climate and the air quality of com- So let’s eliminate that. Let’s make the
ical crisis. munities across the country. chart look like this. Then, natural gas
The estimate for climate migrants I couldn’t have said it better myself, works. But we have to deal with meth-
because of the inhospitality of the cli- but I am reading someone else’s words. ane.
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S2266 CONGRESSIONAL RECORD — SENATE April 28, 2021
This is the low-hanging fruit of cli- security and prosperity of the Amer- The yeas and nays are mandatory
mate action. This is an opportunity for ican people. under the rule.
this country to make a statement This work is not easy, but it is ex- The clerk will call the roll.
internationally, to make a statement actly the sort of work that President The senior assistant legislative clerk
to our people, and to do something Biden described in his inaugural ad- called the roll.
about the most serious environmental dress when he spoke of the United Mr. DURBIN. I announce that the
problem we face. States as ‘‘a strong and trusted partner Senator from Washington (Ms. CANT-
Every day that goes by, it gets more for peace, progress, and security.’’ WELL) is necessarily absent.
expensive to deal with. Every day that It is also the work we must do to con- Mr. THUNE. The following Senators
goes by, it is going to be more difficult front the immense crises we face are necessarily absent: the Senator
for our people, the impacts are going to around the world. Many of the conflicts from North Dakota (Mr. CRAMER), the
be more catastrophic, and the impacts Ambassador Power contended with dur- Senator from Kentucky (Mr. PAUL), the
are going to be more difficult in terms Senator from South Dakota (Mr.
ing her time at the United Nations con-
of what we have to spend to deal with ROUNDS), and the Senator from Ala-
tinue today. New conflicts, as we know,
it. bama (Mr. SHELBY).
are brewing in Ethiopia, Haiti, and The PRESIDING OFFICER (Mr.
So let’s spend relatively little now to Burma, and creating hundreds of thou- HICKENLOOPER). Are there any other
eliminate one of the most serious risks. sands of innocent victims and refugees. Senators in the Chamber desiring to
It is not minor. It is a very significant Climate change is increasing food in- vote?
part of the climate issue, and it is one security, intensifying natural resource The yeas and nays resulted—yeas 67,
that we can do at a relatively low scarcity, and beginning to drive mass nays 28, as follows:
price, with not a heavy hand of regula- migration. [Rollcall Vote No. 173 Leg.]
tion but commonsense regulation. And And, of course, the COVID–19 pan- YEAS—67
we can do something important for the demic is an ever-evolving threat, and
Baldwin Heinrich Reed
American people and, indeed, for the its proliferation around the world will Bennet Hickenlooper Risch
people of the entire world. continue to endanger our public health Blumenthal Hirono Romney
This is an important vote this after- here at home. As long as there is a Blunt Johnson Rosen
noon. I hope it is a resounding vote. It Booker Kaine Sanders
COVID–19 virus anywhere, it can be ev- Brown Kelly
should be. It should be a resounding Sasse
erywhere. We cannot hermetically seal Burr King Schatz
vote to say to the world and to say to off our Nation. That is why this par- Capito Klobuchar Schumer
the people of this country: We are on ticular role of USAID is going to be in- Cardin Leahy
Shaheen
Carper Luján
your side. We understand there is a creasingly important. Casey Manchin
Sinema
problem heading for us, and we are As we reengage with our partners in Collins Markey Smith
going to act to deal with it. Coons McConnell Stabenow
the world to meet these challenges, Tester
This is our responsibility. It is why Cornyn Menendez
Ambassador Power will play a critical Cortez Masto Merkley Van Hollen
we are here, and we have the capability role. I am confident her experience, te- Crapo Moran Warner
to do this starting today. nacity, and drive to build a better, Duckworth Murkowski Warnock
I yield the floor. more prosperous, peaceful world are ex- Durbin Murphy Warren
The PRESIDING OFFICER. The Sen- Feinstein Murray Whitehouse
actly what USAID and our country Fischer Ossoff Wicker
ator from New Jersey. need at this moment. Gillibrand Padilla Wyden
Mr. MENENDEZ. Mr. President, I I urge all of my colleagues to support Graham Peters Young
think I will get done before, but, in Ambassador Power’s successful con- Hassan Portman
case, I ask unanimous consent to be firmation. NAYS—28
able to finish my statement before the With that, I yield the floor. Barrasso Hagerty Rubio
vote. Blackburn Hawley Scott (FL)
f
The PRESIDING OFFICER. Is there Boozman Hoeven Scott (SC)
objection? CLOTURE MOTION Braun Hyde-Smith Sullivan
Cassidy Inhofe Thune
Without objection, it is so ordered. The PRESIDING OFFICER. Pursuant Cotton Kennedy Tillis
NOMINATION OF SAMANTHA POWER to rule XXII, the Chair lays before the Cruz Lankford Toomey
Mr. MENENDEZ. Mr. President, I Daines Lee Tuberville
Senate the pending cloture motion, Ernst Lummis
rise today to express my support for which the clerk will state. Grassley Marshall
the nomination of Ambassador The senior assistant legislative clerk NOT VOTING—5
Samantha Power to be our next Ad- read as follows: Cantwell Paul Shelby
ministrator of the U.S. Agency for CLOTURE MOTION Cramer Rounds
International Development. We, the undersigned Senators, in accord-
Ambassador Power’s qualifications The PRESIDING OFFICER. On this
ance with the provisions of rule XXII of the vote, the yeas are 67, the nays are 28.
for this position are beyond dispute. Standing Rules of the Senate, do hereby
Her lifelong commitment to protecting The motion is agreed to.
move to bring to a close the debate on the
human rights and preventing global nomination of Executive Calendar No. 61, f
atrocities, combined with the foreign Samantha Power, of Massachusetts, to be EXECUTIVE SESSION
policy experience she gained during the Administrator of the United States Agency
Obama administration, make her im- for International Development. ---
Charles E. Schumer, Mazie K. Hirono, EXECUTIVE CALENDAR
peccably qualified for this role.
Ron Wyden, Jack Reed, Benjamin L.
I want to highlight, in particular, her Cardin, Patrick J. Leahy, Michael F. The PRESIDING OFFICER. Cloture
leadership on the international effort Bennet, Tim Kaine, Christopher Mur- having been invoked, the Senate will
to end genocide. Our struggle against phy, Richard J. Durbin, Christopher A. proceed to executive session and re-
these horrific crimes is ongoing and Coons, Cory A. Booker, Robert P. sume consideration of the following
unrelenting. Like Ambassador Power, I Casey, Jr., Martin Heinrich, Chris Van nomination, which the clerk will re-
was proud to see the Biden administra- Hollen, Sherrod Brown, Edward J. Mar- port.
tion formally recognize the Armenian key, Bernard Sanders. The senior assistant legislative clerk
genocide, a recognition by the U.S. The PRESIDING OFFICER. By unan- read the nomination of Samantha
Government that was long overdue. imous consent, the mandatory quorum Power, of Massachusetts, to be Admin-
SSpencer on DSK126QN23PROD with SENATE
Ambassador Power’s intellect, en- call has been waived. istrator of the United States Agency
ergy, and focus will be an enormous The question is, Is it sense of the for International Development.
asset to USAID in the Administration’s Senate that Samantha Power, of Mas- The PRESIDING OFFICER. The Sen-
efforts to end poverty around the sachusetts, to be Administrator of the ator from Illinois.
world, help victims of conflict, improve United States Agency for International ORDER OF PROCEDURE
food security, and build the kind of re- Development, shall be brought to a Mr. DURBIN. Mr. President, I ask
silience that ultimately benefits the close? unanimous consent that the
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