PFAS & funding dominate EPA admin nomination hearing

Questions pertaining to the water industry

The questions focused on topics including per- and polyfluoroalkyl substances (PFAS), Waters of the United States (WOTUS), the Clean Water Act (CWA), microplastics, State Revolving Funds (SRFs) and lead contamination in service lines.

Below are some key questions and answers related to the water industry.

Opening statement from Lee Zeldin

Zeldin began his opening statement by thanking president-elect Trump for allowing him the opportunity to lead the EPA.

“We must ensure we’re protecting the environment as we’re protecting the economy,” said Zeldin during the hearing. “The EPA must be better stewards of tax dollars.”

Zeldin was pressed about funding throughout the hearing and often deferred to the fact that it is up to Congress to supply funding for initiatives on things like lead service line replacement.

When pressed about climate change, Zeldin responded, “I believe climate change is real.”

PFAS

According to a news article, Zeldin co-founded the PFAS Task Force. When asked about PFAS in drinking water, Zeldin stated that instead of focusing on specific areas and remedies “we have to ensure that we’re moving the needle across the whole country.”

Congressmembers brought up unique examples of current issues that their states are facing, including issues of PFAS contamination.

“Working with all of you to deal with these issues in your home state is something that will be a top priority of mine,” Zeldin said.

Senator Lumus asked Zeldin his thoughts on PFAS being designated as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Senator Lumus focused on the liability that utilities face when it comes to PFAS in their drinking water.

Zeldin responded by stating that he has seen the effects of PFAS in his home county of Suffolk County, New York.

“The passive-receiver issue is something where it could get passed down to the consumer where they end up paying for the cleanup costs in a way that we need to be cognizant of at the EPA,” Zeldin said.

Lead service lines

Zeldin was later asked about funding for lead service line replacement from the Bipartisan Infrastructure Law (BIL) and whether funding would be cut or maintained for those projects.

“I, if confirmed as administrator for the EPA, won’t be cutting any funding,” Zeldin said. “That’s a decision, as far as funding levels, for Congress to set. And what ever funding level Congress decides on is going to be the number that I’m committed to fill my obligation of being a good steward of the tax dollars being spent to Congress’ intent.”

State Revolving Funds

Senator Moran spoke about the importance of the Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) and how the funding benefits small water systems.

Senator Moran referenced small systems in his state of Kansas that may not have the funding from ratepayers to address new regulations and projects. Senator Moran highlighted the importance of the SRFs – especially for smaller water systems.

“Ultimately the funding level will be set by Congress,” Zeldin said. “It will be my responsibility to ensure that I am doing my part to fulfill Congressional intent and being a good steward of tax dollars so that I can report back to you and all sources of funding coming through the EPA . . . I’ve heard from other colleagues of yours that this is a top priority of theirs and therefore it will be a top priority of mine too.”

EPA workforce

Senator Whitehouse, referencing the Trump administration’s vow to layoff 75% of the federal workforce, asked Zeldin if there were any plans to shrink U.S. EPA.

“My desire, if confirmed as EPA administrator, is to increase productivity of the EPA,” Zeldin said. “I want to be able to help lead this agency in a way that all of you on both sides of the aisle can be proud of and for us to be accountable and transparent. I want maximum collaboration, not just with Congress, but internally within the EPA. I’ve been hugely impressed with the level of talent stepping up to serve at EPA. That is the pressure that I’m feeling at the moment – is to bring out the best of the EPA to make sure that we are fulfilling our mission of protecting public health and the environment.”