Senate EPW hearing reviews EPA nominees’ promises on cooperative federalism, air policy and climate

Senator Shelley Moore Capito, chairwoman of the Senate Environment and Public Works Committee, opened the hearing by saying the committee would “receive testimony from David Fatui, the nominee to serve as the Environmental Protection Agency's deputy administrator, and from Aaron Zabo to serve as the EPA Assistant Administrator for Air and, Radiation.”

David Fatouhi, President Trump’s nominee for EPA deputy administrator, told the committee he “pledge[s] to work every day for the American people to advance the mission of EPA to protect human health and the environment and to support Administrator Zeldin.” He described his background in both private environmental practice and prior EPA service, and cited reductions in traditional air pollutants as evidence of U.S. progress while saying the agency must follow statutory authority.

Aaron Szabo, nominee for assistant administrator for the Office of Air and Radiation, said he was honored to be considered and described his personal connection to air quality as someone living with a chronic lung condition: “Because of my lung disease, I have always been acutely aware of air quality.” Szabo summarized his federal and private-sector experience and said the Clean Air Act’s cooperative-federalism framework should guide EPA–state relations.

Why it mattered: Senators used the hearing to press nominees on several themes that affect how the agency would set and implement policy if confirmed — the role of states under cooperative federalism, the agency’s approach to reliability and energy policy when implementing the Clean Air Act, staffing and processing backlogs for state implementation plans, the handling of California waiver petitions, and whether nominees would follow the law and preserve agency stability.

Cooperative federalism and state authority figured prominently. Multiple senators pressed both nominees to commit to working with states so state regulators can lead where appropriate. Fatouhi said he would “empower states through cooperative federalism” and provide technical assistance and incentives for states and tribes to assume permitting responsibilities. Szabo said the Clean Air Act “requires” that states have the primary role and that EPA should work hand in glove with state partners.

On energy reliability and statutory limits, senators asked whether air rules should account for electric-grid reliability. Szabo said EPA must follow the Clean Air Act and consider impacts on electricity reliability when required by law. Fatouhi pointed to the Supreme Court’s West Virginia decision as a limit on EPA authority and said the agency is “not a grid wide energy regulator.”

Climate and science questions drew sustained scrutiny from Democrats. Ranking Member Sheldon Whitehouse said the administration’s early actions had included a funding freeze and efforts he characterized as attempts to reverse the 2009 endangerment finding; Whitehouse pressed nominees to explain their positions. When asked directly whether human activity contributes to climate change, both nominees answered in the affirmative in varying terms; Szabo repeatedly emphasized he is “not a scientist” and said he would defer to experts on technical measures, while Fatouhi said emissions “play a role” in climate change. Szabo also repeatedly said EPA actions must be “squarely grounded in statutory authority” and based on the evidentiary record.

Project 2025 and outside affiliations were an area of pointed questioning. Senator Whitehouse and others asked Szabo about his volunteer contributions to Project 2025 and whether written records of his advice exist; Szabo said he volunteered advice, does not possess records, and was not compensated. Several senators questioned whether recommendations in Project 2025 would be implemented; Szabo said he would maintain an “open door policy” for ideas from all stakeholders.

California waivers and the Congressional Review Act (CRA) drew technical exchanges. Senators from California pressed Szabo on the statutory standard for granting or denying Clean Air Act section 209 waivers for California. Szabo said he could not recall section 209’s precise language and offered to follow up; other senators emphasized that waivers have long been treated differently from rules for purposes of CRA and that a waiver goes into effect when signed unless and until Congress acts.

Operational concerns and staffing arose repeatedly. Senators from states with pending implementation plans said EPA backlogs and understaffing in OAR and regional offices delay permits and state submittals. Fatouhi and Szabo pledged to prioritize reducing backlogs and placing expertise “in the right places” if confirmed.

Several senators sought categorical positions on budget reductions and agency authority. Fatouhi said Congress sets EPA’s budget and that any reductions cited by Administrator Zeldin referred to baseline calculations that included prior-year discretionary funding; he committed to advising the administrator consistent with the law. Szabo said he believed the office could meet obligations within provided budgets but did not offer detailed staffing plans.

The hearing included exchanges on technical issues (ocean heat uptake, methane’s greenhouse effect, zetta-joules) in which both nominees deferred to subject-matter scientists for precise measurements but acknowledged greenhouse gases trap heat. Senators repeatedly requested written follow-ups; the committee gave nominees until 5 p.m. Friday, March 7 to respond to outstanding questions.

Ending note: The hearing focused on how the nominees would balance EPA’s statutory limits, state partnerships and enforcement priorities. Senators on both sides signaled areas for follow-up, including requests for documentation related to outside advising, statutory analyses on waivers, and plans to reduce backlogs.