Chairman Capito Asks Administrator Zeldin About Trump EPA Wins and Priorities

WASHINGTON, D.C. - Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, led a hearing examining the U.S. Environmental Protection Agency's (EPA) proposed budget for fiscal year 2027.

During the hearing, Chairman Capito asked EPA Administrator Lee Zeldin about the Agency's efforts to repeal the Biden Administration's power sector strategy and promote more affordable and reliable electricity. She also asked about EPA's role in regulating cleanup of per- and polyfluoroalkyl substances (PFAS). Finally, Chairman Capito sought commitment from Administrator Zeldin that the EPA would return congressionally rescinded Greenhouse Gas Reduction Fund (GGRF) dollars to the US Treasury and support the implementation of State Revolving Funds (SRFs) to provide clean drinking water in rural communities.

HIGHLIGHTS:

EGU STRATEGY

Chairman Capito:

"All the comments thus far have talked about the urgent need to generate more electricity. The past administration's power sector strategy was to shut down baseload energy availabilities, and our nation is facing an energy scarcity. People talk about it all the time and know that it is a reality. This strategy consisted of a half-dozen rules at EPA, including the Clean Power Plan 2.0, that went beyond the Agency's regulatory authority, which you've addressed. Will you discuss your efforts to repeal the Biden EPA power sector strategy and how that will lead to more affordable, reliable electricity while continuing to protect public health and welfare?"

EPA Administrator Lee Zeldin:

"Thank you, chairman. What we saw, especially toward the end of the Biden Administration, was an attack with many rules seeking to strangulate coal out of existence, telling your coal miners that they should just learn to code. We understand how important coal is to your state and many other states up here on this dais. The 2024 Mercury and Air Toxics Standards have been repealed. We still have the strict 2012 standards that were working and have significantly reduced mercury and other emissions. We are working to repeal Clean Power Plan 2.0, efforts with regard to steam electric [Effluent Limitation Guidelines (ELG)], coal combustion residuals (CCR), giving primacy to states on the handling of CCR. As I mentioned, with our new Waters of the United States rule, with our new Water Reuse Action Plan 2.0 and more, we are rolling back that attack that we saw on coal and other sources of power."

Chairman Capito:

"…I think it's important to emphasize, at this point, that the Clean Air Act and Clean Water Act, written by Congress, all of what you're doing here falls within the boundaries of what we have directed you to do. Is that correct?"

EPA Administrator Lee Zeldin:

"Yes ma'am."

REPEAL OF GHG REDUCTION FUND

Chairman Capito:

"In the Working Families Tax Cut we signed into law, we repealed Section 134 of the Clean Air Act to eliminate the Greenhouse Gas Reduction Fund (GGRF). I think it was $17 billion. It is in litigation right now. […] We supported the grant cancellations through the passage of the Working Families Tax Cuts-total waste of money. These are unobligated. While I understand that there is legislation pending, if the courts affirm that Congress has rescinded the $17 billion, do you commit to quickly returning these funds to the US Treasury?"

EPA Administrator Lee Zeldin:

"Enthusiastically."

PFAS PASSIVE RECEIVERS

Chairman Capito:

"I want to talk about PFAS. You and I have talked about this before. You know it's a concern I have. It's a concern around the country. And we haven't been able to really reach a congressional point at which we can agree here as to how we might be helpful. Under [the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)]'s strict guidance and their retroactive liability structure, we're not sure that the "passive receivers"-that would be small water companies, it could be [agriculture] people, it could be anybody else who's sharing water resources-there is a concern that they may be on the hook to pay for any kind of cleanup. While we work for a solution, can you tell me what EPA has done-I know you have several authorities and existing settlement and allocation tools under CERCLA-are you using those authorities? How are you using them? And how successful have they been?"

EPA Administrator Lee Zeldin:

"We believe strongly that the polluter should pay and that the rate payers shouldn't be on the hook for cleaning up PFAS contamination of their own water supply. We had a choice as to whether or not to pursue CERCLA or [the Resource Conservation and Recovery Act (RCRA)]. Neither of these two laws were written with PFAS in mind. And, unfortunately, the cost of cleanup is passed down from that water system. There are thousands across this country who would be giving it to their rate payers. So, we look forward to being able to work with Congress to be able to address this issue with regards to CERCLA. We have been in contact with stakeholders. There isn't a liability settlement that I'm here to report on, and a Congressional solution would certainly be ideal to address the passive receiver status."

IMPORTANCE OF THE SRFs

Chairman Capito:

"The other thing we're working on is safe drinking water, which involves the State Revolving Funds (SRFs). All of our states, particularly those of us that have still small and remaining rural communities that don't have satisfactory service, they're limited in their financing options. It's very difficult. This is a critical program for them. Will you commit to working with states to implement all funding that Congress provides from the SRFs in future authorizations and appropriations?"

EPA Administrator Lee Zeldin:

"Yes, chairman."

Click HERE to view Chairman Capito's questions.

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