Overnight Energy: EPA nominees begin work before they are confirmed | Wheeler promises ‘change in tone’ at EPA | GOP group pushes vote on anti-carbon tax bill

by Miranda Green and Timothy Cama - 07/09/18 6:02 PM ET

EPA NOMINEES START WORKING BEFORE CONFIRMATION: The Environmental Protection Agency (EPA) has hired two officials nominated for senior positions to work at the agency before the Senate has had a chance to vote on them.

Peter Wright and Chad McIntosh both started work Monday as “special counsels” to acting EPA Administrator Andrew Wheeler, according to an EPA staff-wide email that Wheeler’s chief of staff Ryan Jackson sent Friday. The email was obtained by The Hill.

The hirings come as both Wright and McIntosh have nominations pending before the Senate to lead the Office of Land and Emergency Management and the Office of International and Tribal Affairs, respectively. The top Senate Democrat overseeing the EPA says the hirings are concerning and an attempt to avoid the confirmation process.

Jackson said in his email that both men will advise Wheeler on matters related to the offices for which they have been nominated. Those offices are currently being led by career employees.

The Senate Environment and Public Works Committee, which is responsible for vetting Wright and McIntosh for their positions, held a confirmation hearing for them less than three weeks ago and has not voted on whether to advance the nominations to the full Senate.

Sen. Tom Carper (Del.), the top Democrat on the committee, said the news of their hiring is “troubling,” and a bad start for Wheeler’s tenure at the EPA’s helm.

“I just wrote to Mr. Wheeler today urging him to restore the public’s trust in the EPA,” Carper said in a statement.

“To announce that EPA will bring on Mr. Wright and Mr. McIntosh on the day that Administrator Pruitt departs — before they have even responded to Senators’ post-hearing questions and without notifying the Environment and Public Works Committee, the committee that has jurisdiction over the agency — not only breaks with past norm and precedents, but shows incredibly poor judgment, especially when we should be turning over a new leaf.”

The EPA said Wright’s and McIntosh’s positions are in line with the law and legal decisions regarding what candidates can do while their nominations are pending.

“Neither will be performing any duties that are reserved for the position for which they have been nominated,” an agency spokesman said.

Kevin Minoli, the EPA’s top ethics official, said in his own statement that the agency “will ensure we are in compliance with the law at all times” regarding Wright and McIntosh’s work.

Why it matters: At least twice before under the Trump administration, EPA has hired people as advisers while their nominations are pending: Susan Bodine, the current head of the enforcement office; and Michael Dourson, who withdrew his nomination to lead the chemical office amid mounting Senate opposition.

In both of those cases, the nominees had been voted favorably out of committee. But in this case, the committee hasn’t voted. The hearing was less than three weeks ago, and the nominees’ answers to written questions aren’t even due until the end of the day Monday.