AIConfirmation hearing for EPA Deputy Administrator and Air Office nominees

Nuclear Regulation and EPA NominationsSenate Environment and Public Works · March 5, 2025 · 119th Congress
The Senate Environment and Public Works Committee met to consider the nominations of David Fotouhi to be EPA Deputy Administrator and Aaron Szabo to be Assistant Administrator for Air and Radiation. Begins at ▶ 0:17:46
Transcript
Highlights

Title

Confirmation hearing for EPA Deputy Administrator and Air Office nominees

Purpose

The Senate Environment and Public Works Committee met to consider the nominations of David Fotouhi to be EPA Deputy Administrator and Aaron Szabo to be Assistant Administrator for Air and Radiation. Chair Capito framed the hearing around returning EPA to cooperative federalism and energy affordability, while Ranking Member Whitehouse used his opening to press the administration on funding freezes, clawbacks of clean energy grants, and the endangerment finding, and questioned Szabo's ties to Project 2025. Begins at▶ 0:17:46

Who spoke

• Chair Shelley Moore Capito (R-WV)▶ 0:17:46: Opened the hearing describing the nominees' roles overseeing EPA's day-to-day operations and air/radiation policy▶ 0:18:15, later pressed both nominees on cooperative federalism▶ 0:51:23 and asked Fotouhi how his legal background would produce more durable EPA rules▶ 1:40:47.

• Sen. Sheldon Whitehouse (D-RI), Ranking Member▶ 0:23:30: Detailed unanswered letters to Administrator Zeldin on the EPA funding freeze, clean energy clawbacks, and the endangerment finding▶ 0:24:00▶ 0:25:39; criticized Fotouhi's industry client list and Szabo's Project 2025 and America First Policy Institute ties▶ 0:27:44▶ 0:28:51; later pressed Szabo repeatedly on whether CO2 and methane trap heat and on ocean heat uptake, eliciting hedged answers▶ 0:57:04.

• Sen. Markwayne Mullin (R-OK)▶ 0:29:55: Introduced fellow Oklahoman David Fotouhi, describing his Vanderbilt and Harvard education and prior EPA service leading nearly 250 lawyers as acting general counsel▶ 0:30:53.

• Sen. Jon Husted (R-OH)▶ 0:33:15: Introduced Aaron Szabo, citing Administrator Zeldin's visit to East Palestine▶ 0:35:30; later asked about EPA crisis preparedness▶ 1:14:33 and Ohio's "nuisance rule," urging cooperative federalism▶ 1:16:29.

• David Fotouhi, EPA Deputy Administrator nominee▶ 0:40:02: Described his personal cancer survivorship and immigrant background from Venezuela▶ 0:40:55, pledged fidelity to statutory authority and cited the West Virginia and Sackett Supreme Court decisions▶ 0:56:25▶ 1:42:31; on budget, said Administrator "Zeldin's" 65% figure referred to 2024 IRA-inflated spending, not the base budget, and affirmed Congress sets EPA's budget▶ 1:20:04.

• Aaron Szabo, EPA Office of Air and Radiation nominee▶ 0:45:32: Described his cystic fibrosis diagnosis and career at the NRC and OIRA▶ 0:46:31; repeatedly said he is "not a scientist" while confirming CO2 and methane trap heat▶ 0:57:56▶ 0:58:29; confirmed contributing to Project 2025's EPA chapter but said he kept no records and was not compensated▶ 1:43:25▶ 1:46:52.

• Sen. Kevin Cramer (R-ND)▶ 1:02:42: Asked about the U.S.'s declining share of global emissions relative to China▶ 1:04:50; Szabo and Fotouhi said U.S. emissions have fallen while China's have risen roughly six to seven million tons per year▶ 1:05:22▶ 1:06:29.

• Sen. Alex Padilla (D-CA)▶ 1:07:56: Pressed Szabo on the statutory basis for California's Clean Air Act Section 209 waiver authority; Szabo could not recall the specific provisions▶ 1:09:02▶ 1:10:22; in round two clarified that waivers, unlike rules, are not subject to Congressional Review Act rulemaking treatment▶ 1:56:49▶ 1:57:55.

• Sen. Jeff Merkley — not present in this transcript (none found for that name; omitted).

• Sen. John Curtis (R-UT)▶ 1:24:36: Discussed Utah's ozone nonattainment despite 80% of emissions originating outside the region▶ 1:25:04 and pressed for approval of new, more environmentally friendly chemicals stalled under 0% approval rates in the prior administration▶ 1:28:09.

• Sen. Adam Schiff (D-CA)▶ 1:29:34: Pressed both nominees on whether burning coal, oil, and gas contributes to climate change, receiving qualified answers from Szabo about "adapting" rather than reducing reliance on fossil fuels▶ 1:31:32▶ 1:33:03.

• Sen. Pete Ricketts (R-NE)▶ 1:35:20: Advocated for biofuels and E15, asking both nominees to confirm that legislation, not a waiver, is needed to make E15 permanent▶ 1:38:12; separately questioned Szabo at length about undocumented Project 2025 contributions▶ 1:43:31.

• Sen. Mark Kelly (D-AZ)▶ 1:49:06: Raised Maricopa County ozone nonattainment despite 80–85% of precursor emissions originating outside the region▶ 1:51:37, securing Szabo's commitment to work with Arizona on permitting and wildfire-smoke exceptional-event rules▶ 1:52:01▶ 1:53:27.

• Sen. Angela Alsobrooks (D-MD)▶ 1:19:27: Questioned Fotouhi on reports of a 65% EPA budget cut and Maryland's backlogged Clean Air Act state implementation plans▶ 1:19:56▶ 1:21:44; asked Szabo whether climate change is driving rising homeowners-insurance nonrenewals, up 30% in Maryland since 2018▶ 1:22:57.

Key moments

• Whitehouse said EPA has met "near total radio silence" in response to four Democratic letters on the funding freeze, clean energy clawbacks, and the endangerment finding▶ 0:24:00▶ 0:26:58.

• Szabo, under repeated questioning from Whitehouse, would not confirm scientific consensus figures on ocean heat uptake or the 1.5-degree threshold, saying "I am not a scientist"▶ 0:59:40▶ 1:00:01.

• Padilla revealed Szabo could not state the statutory grounds on which EPA may deny or revoke a California Clean Air Act waiver, calling it "red flag number one" for a nominee overseeing air quality▶ 1:09:39▶ 1:10:34.

• Schiff pressed Szabo five times on whether burning coal, oil, and gas contributes to climate change and whether reducing reliance on them is sensible policy; Szabo repeatedly deflected to "adapting to changes," prompting Schiff to suggest oil industry influence explained the difficulty answering▶ 1:31:46.

• Szabo confirmed he contributed by name to Project 2025's EPA chapter but said he has no written records of his advice and was not compensated▶ 1:43:25▶ 1:43:55▶ 1:46:52.

• Fotouhi said the Biden EPA "lost every Supreme Court case" it brought over the last four years, citing this as grounds for adhering more strictly to statutory authority▶ 1:42:04.

• Fotouhi stated U.S. greenhouse gas emissions have fallen roughly one million tons per year over 20 years while China's rose six to seven million tons per year over the same period▶ 1:06:29.

• Cramer asked whether the U.S. power sector's future emissions share could fall below 0.2% of the global total; Szabo said he would need to check the data▶ 1:07:36▶ 1:07:49.

• Alsobrooks got Fotouhi to clarify the reported 65% EPA budget cut referred to a comparison against 2024 IRA-inflated spending rather than the base budget, and that Congress, not the agency, sets funding levels▶ 1:20:04▶ 1:20:44.

• Fotouhi said market participants got no useful certainty when EPA set the 2023 Renewable Volume Obligation after "half the year had already passed," and both nominees committed to timely statutory RVO rulemakings▶ 1:39:38▶ 1:40:02.

Metadata

Official titleHearings to examine the nominations of David Fotouhi, of Virginia, to be Deputy Administrator, and Aaron Szabo, of Virginia, to be an Assistant Administrator, both of the Environmental Protection Agency.
CommitteeSenate Environment and Public Works
Chamber / CongressSenate · 119th Congress
DateMarch 5, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript373 caption blocks · 13,838 words · 2:01:05 runtime
EventCongress.gov 336680