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  • 7/10/2025
During a Senate Energy Committee hearing on Wednesday, Sen. Mike Lee (R-UT) spoke about energy efficiency regulations for appliances.
Transcript
00:00Great, thank you. All right, let's go ahead and begin our second round. Mr. Erdos, I'd like to
00:05start the second round with you. You know, you began your career as an environmental technician,
00:12reviewing mine data and maps for accuracy. Since then, you've had years of experience working with
00:18environmental agencies and related stakeholders as well as on abandoned mine lands. I'm always
00:28cautious whenever I say mine lands and not say landmines because it turns out they mean very
00:32different things. Or AML or reclamation efforts and funding disbursement. How does the coal industry
00:40contribute to AML funding and remediation efforts? Well, there are two streams of funds that go into
00:48AML. One is fee basis, how the industry contributes. So currently, I believe it's 22.4 cents for surface
00:56coal that's not lignite. It's 9.6 cents for underground coal, not lignite. And I want to say
01:026.6.4 for lignite coal. So it's based on tonnage, tonnage produced, and they pay that fee on that
01:10tonnage that goes into that particular pool of money for the AML program. And then you have the IIJA,
01:17which is a whole different issue. But you have those two streams.
01:20Thank you. Ms. Robertson, let's talk about appliance regulations.
01:27There are a series of regulations that are
01:30implemented and enforced by the Department of Energy's Office of Energy Efficiency and Renewable
01:35Energy. Some of these regulations, one might say, impose pretty costly burdens on all Americans.
01:42And they certainly reduce market choices. Some would say that in many instances they have,
01:50in the name of efficiency, just produce products that don't work as well and that end up having to
01:55be used two or three cycles at a time instead of one, perhaps resulting in no net energy savings at all.
02:02But making appliances less reliable, harder to use, more expensive, and more difficult to repair.
02:08And they affect almost all appliances in American homes, from refrigerators, dishwashers, clothes washers,
02:18clothes dryers. Now, the process rule and its product class protections, which allow for separate
02:28regulations for different product features, were overwhelmingly ignored by the previous administration.
02:34And this has stopped the development of helpful features on appliances and essentially killed
02:40certain appliances or household goods like the incandescent light bulb, which itself is a different
02:48thing. Sure, we have other types of light bulbs available, but for the most part you can't get incandescent
02:56light bulbs anymore. And that is a different product. And sometimes you need those.
03:05And so this is somewhat concerning. Will you commit, if confirmed, to assisting the secretary to ensure
03:12that product classes are used to protect features on appliances that are important to American consumers?
03:18Chairman Lee, thank you for that important question. And absolutely, I think I am here and I believe
03:27my panelists here alongside me, we're here because we love America and we love Americans. And putting
03:33burdensome, costly regulations in place that don't have a net benefit to individual Americans can price
03:39people out of the American Dream, depending on appliances, building standards. It's an area within
03:44EERE that I am very much looking forward to working with and I look forward to working with you and your staff on
03:54any specific issues or things that we should be advancing. Thank you. Mr. Erdos, let's go back to you for a
04:02moment. Can you speak of the relationship between states with primacy under SMACRA and OSM?
04:09Thank you for the question, Senator. Certainly. So there are 24 states that currently have primacy or
04:14they have approved state programs. They are the primary regulators within their borders. OSM is
04:20an oversight program relative to those states. OSM is the primary regulator on
04:28Indian tribes and there are a few others where OSM has a federal program, but only one actually
04:34produces a little bit of coal in Tennessee. Primacy states within their borders, they are the primary
04:40regulators. OSM is an oversight program. It's a partnership really, but deference should be given
04:45to the states and it is given to the states. Do you think the 10-day notice rule overrode the authority
04:52of the state mining offices? Somewhat. Somewhat it did. The 2020 and the 2024 rule were
04:59significantly different. So the 2020 rule required OSM to work with the state. So if they receive a
05:07citizen complaint, they were required to coordinate with the state prior to acting on that citizen
05:12complaint, which makes a lot of sense. I'm a state guy. I come from the state, worked there for 31 years,
05:17and I was on the other end of those 10-day notices. So it makes sense for OSM to work with the state,
05:22gather as much information as they can prior to acting on that. So the 2024 rule took that away,
05:28which is pretty significant to me. So to answer your question, I think to some extent it did.

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