Alex Padilla Questions Trump EPA Nominee on Waivers and Rulemaking

Distinguishing Rulemaking from Waivers

• ❓ Senator Padilla seeks to clarify the procedural differences between the rulemaking process under the Administrative Procedures Act and the waiver process under section 209 of the Clean Air Act.
• 💡 The nominee states that both processes involve a comment period, and the California waiver granting is similar to a SIP approval process.
• ⚠️ Padilla emphasizes that these are not identical, with one being a rulemaking process and the other a waiver process.

Understanding Waiver Authority

• 🎯 A waiver, according to Padilla, grants California the ability to enforce its own standards, similar to a State Implementation Plan (SIP) approval.
• ⚡ The nominee agrees with this understanding, stating it provides the state with that authority.

Waiver Effectiveness and Congressional Review

• 🗓️ A waiver goes into effect immediately upon being signed.
• 📜 The Congressional Review Act allows Congress 60 legislative days from the Federal Register publication or submission to Congress and GAO to act on a disapproval resolution.
• ⚖️ Unless Congress acts, the waiver remains in effect.

Waivers as Rules vs. Adjudications

• 🧐 Padilla questions whether granting a waiver is an adjudicatory action or a rule.
• ❌ The nominee initially states waivers are rules under the Congressional Review Act, but then corrects himself.
• 🏛️ Padilla asserts that for 50 years, including under the Trump administration, EPA has treated waivers as adjudications, not rules.

Importance of State and Local Air Quality Initiatives

• 💨 California has a disproportionate number of people in nonattainment areas, highlighting the need for state and local governments to lead in improving air quality.
• 🤝 EPA should collaborate and not hinder states and locals from exceeding federal standards when necessary for public health.
• 🏥 This is crucial to reduce suffering from cancer, chronic lung disease, and other impacts of pollution.