Senate Committee Reports Out EPA Administrator Nominee
The Senate Committee on Environment and Public Works favorably reported out the nomination of Lee Zeldin to be the Administrator of U.S. Environmental Protection Agency (USEPA). On a mostly party-line vote of 11-8, with Senator Mark Kelly (D-AZ) joining Republicans, the action sends the nomination to the Senate Floor for debate and a vote. Earlier this month, the committee held the confirmation hearing, during which Zeldin fielded questions as to how he would lead the Agency if confirmed.

Importantly for CASA’s policy concerns, Zeldin fielded questions about how he, as USEPA Administrator, would handle the issue of PFAS contamination and CERCLA PFAS liability for passive receivers if he is confirmed. Specifically, Senator Cynthia Lummis (R-WY) questioned Zeldin on how he would address passive receiver liability if confirmed. Lummis cited the example of municipal water utilities’ vulnerabilities to third-party lawsuits that could result in local governments going bankrupt and, or increases in utility bills for ratepayers. In his response, Zeldin explained he heard the passive receiver liability concern on a bipartisan basis during meetings with committee membership ahead of the hearing. He also noted the relevance of this issue because of local experience in his New York district. Overall, the discussion signals the continued interest within the committee to address the issue of passive receiver CERCLA liability in the 119th Congress.

 

President Trump’s Inauguration Followed by Slew of Executive Orders
Hours following his inauguration on January 20, President Trump issued a slew of Executive Orders (EOs) through the issuance of one overall EO, “Harmful Executive Orders and Actions.” By doing so, it effectively eliminated a myriad of Biden Administration’s EOs that encompassed economic and social policies, and put forward the Trump Administration’s own directives. The EOs’ ultimate impacts will depend upon whether they survive legal challenges, as well as the federal budget process. Additionally, Trump signed an EO entitled “Regulatory Freeze Pending Review” that pauses all federal rulemakings that have not been published in the Federal Register as of January 20. It also places a hold on all ongoing rule development activities and calls for a 60-day pause to provide determination of whether a rule should be reviewed or reproposed. Importantly, with any new Administration, the outlook is subject to change.

Among the EOs signed that put forward the Trump Administration’s agenda directives, notable ones include:

  • Reforming the Federal Hiring Process and Restoring Merit to Government Service: Represents the first steps to implementing Schedule F to guide the hiring of federal employees. The EO directs the Assistant to the President for Domestic Policy, in consultation with the Director of the Office of Management and Budget (OMB), the Director of the Office of Personnel Management, and the Administrator of the Department of Government Efficiency (DOGE), to develop a Federal Hiring Plan within 120 days of January 20, 2025. Notably, among the specific agencies the EO identifies, includes the U.S. Environmental Protection Agency (USEPA). For USEPA, the plan is to develop specifics as to how to “improve the allocation of Senior Executive Service position.”
  • Executive Order on Unleashing American Energy: Directs “All agencies shall immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022 (Public Law 117-169) or the Infrastructure Investment and Jobs Act (Public Law 117-58)”. While this may be concerning for the continued delivery of federal funds to queued projects, some important clarifications on this directive. First, with the start of any new Administration, the outlook is subject to change. The pause is intended for agencies to “review their processes, policies, and programs for issuing grants, loans, contracts, or any other financial disbursements of such appropriated funds for consistency with the law.” Within 90 days, agencies are to report to Director of the National Economic Council (NEC) and Director of OMB on their reviews and who will then approve of the reports’ recommendations to resume funding disbursement activities. The focus of this directed pause is targeted to the electric vehicle and charging funding activities under the laws.
  • Ending Radical and Wasteful Government DEI Programs and Preferencing, revokes diversity, equity, inclusion (DEI) and accessibility (DEIA) federal mandates, policies, programs, preferences and activities. In doing so, the EO reverses federal practices dating back to 1965. It directs the Office of Management and Budget (OMB), assisted by the Attorney General and the Director of the Office of Personnel Management (OPM) to coordinate on this termination. This includes federal environmental justice offices and positions and equity action plans. In another EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” the private sector is encouraged to DEI practices, along with “illegal discrimination and preferences”.

Among the list of Biden-Era EOs Trump reversed, a list of key notable reversals for CASA’s federal priorities are identified below. Overall, the use of EOs to reverse, pause, or review of the prior Administration’s activities is customary for each new Administration.

Biden-Era EOs Reversed by Trump’s EO

  • Executive Order 13990 of January 20, 2021 – Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.
  • Executive Order 13992 of January 20, 2021 – Revocation of Certain Executive Orders Concerning Federal Regulation.
  • Executive Order 13999 of January 2021 – Protecting Worker Health and Safety.
  • Executive Order 14027 of May 7, 2021 – Establishment of the Climate Change Support Office.
  • Executive Order 14030 of May 20, 2021 – Climate Related Financial Risks.
  • Executive Order 14037 of August 5, 2021 – Strengthening American Leadership in Clean Cars and Trucks.
  • Executive Order 14052 of November 15, 2021 – Implementation of the Infrastructure Investment and Jobs Act.
  • Executive Order 14082 of September 2022 – Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022.
  • Executive Order 14094 of April 6, 2023 – Modernizing Regulatory Review.
  • Executive Order 14096 of April 21, 2023 – Revitalizing Our Nation’s Commitment to Environmental Justice for All.

 

EPA Releases Draft PFAS Risk Assessment for Biosolids
On January 15, the U.S. Environmental Protection Agency (USEPA) released its Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS). The draft risk assessment will be open for public comment for 60-days. Comments must be submitted to the Agency on or before March 17, 2025. The draft risk assessment is not a regulation nor is it enforceable. The purpose of the risk assessment is to provide an understanding of the potential impacts of PFAS contamination in sewage sludge and for possible future regulatory actions under the Clean Water Act.

Upon its release, USEPA published a series of informational fact sheets for different stakeholders impacted by draft risk assessment:

The draft assessment reflects the Agency’s latest scientific understanding of the potential risks the chemicals pose to human health and the environment via the chemicals’ presence “associated with land application, surface disposal, and incineration of sewage sludge.” The document defines “land applied” to be “soil conditioner or fertilizer (on agricultural, forested, and other lands), surface disposed or incinerated.” Importantly, the draft focuses on impacts to those residing on or near impacted sites or those who “rely primarily on their products (e.g., food crops, animal products, drinking water).” The draft does not model risks to the general public or to the food supply.

Importantly, in Section IV, the draft states that “[r]egardless of the management practice to use or dispose of sewage sludge, exposure and risk reduction is possible through pretreatment at industrial facilities discharging to a WWTP.” And thus, USEPA “recommends that states, Tribes, and WWTPs monitor sewage sludge for PFAS contamination, identify likely industrial discharges of PFAS, and implement industrial pretreatment requirements, where appropriate.” The Agency maintains the understanding that the PFAS contamination is not due to wastewater utilities’ process, rather from industrial, upstream residential communities, and leachate from landfills. Finally, USEPA plans to conduct the next National Sewage Sludge Survey in collaboration with publicly owned treatment works Influent PFAS Study. This endeavor will focus on understanding the national occurrence and concentration data on PFAS in sewage sludge and help inform future risk assessments and management of sewage sludge.