Senate Committee Advances ‘Do Not Flush’ Labeling Legislation
Last week, the Senate Committee on Commerce, Science and Transportation favorably reported out the WIPPES Act (S.1092), as amended, on a voice-vote. The legislation now heads to the Senate Floor where it awaits to be scheduled for consideration and a vote. Importantly, the amendment to S. 1092 by the committee does not substantively change the intent of the bill, its enforcement gravity if enacted into law, and does not conflict with California’s existing state “Do Not Flush” labeling law. This success is due to the bill’s commonsense policy, diverse stakeholder support from a wide cross-section of those engaged on this issue, and CASA’s continued effective and collaborative leadership on this issue that has now spanned two Congresses.

 

White House Transmits FY2026 Budget Request to Congress: Support Requested
Last month, the White House transmitted the President’s fiscal year (FY) 2026 budget request to Congress, marking the official start of the annual appropriations process and identifies the Administration’s spending priorities. However, while the budget request outlines what the Administration would like to be funded, and not funded, Congress makes the ultimate funding decisions. As a result, the budget request, in its original form, is often considered colloquially as “dead on arrival.” The new fiscal year starts on October 1. However, Congress has a proven track record of missing this deadline.

The budget request’s recommendation to reduce the SRF by $2.46 billion risks jeopardizing the ability for CASA agencies, and other clean water agencies, to fulfill basic public health and environmental protection responsibilities. Given the stated desire of congressional appropriations leadership to continue to support the SRF, CASA agencies are encouraged to underscore this by writing to your congressional delegations urging Congress protect the SRF in FY2026. Template letters for House and Senate offices have been developed to help with this outreach. If you have any questions, please contact CASA’s federal advocate, Sarah Sapirstein at ssap@ensresources.com.

Following the transmittal, the House and Senate Committees on Appropriations have begun the process of reviewing the request. As part of this process, the U.S. Environmental Protection Agency (USEPA) Administrator, Lee Zeldin, testified before the House and Senate Subcommittees on Interior, Environment and Related Agencies to the Administration’s USEPA FY2026 budget request. During both hearings, subcommittee leadership, on a bipartisan basis, voiced strong concerns about the request’s severe cut of $2.46 billion to the State Revolving Loan Fund (SRF), citing it as a critical program, and that it is imperative to continue to fund the program. While leadership did not specify a funding level for the SRF for FY2026, more details will be available in the coming months as the subcommittees draft their respective spending bills.

 

USEPA Unveils PFAS Action Strategy
At the end of last month, the U.S. Environmental Protection Agency (USEPA) Administrator Lee Zeldin announced the Agency will be taking major actions to address PFAS contamination. The actions are the first round with future USEPA actions to be announced. The actions are guided by the Agency’s stated principles of 1) strengthening science, 2) fulfilling statutory obligations and enhancing communication, and 3) building partnerships. USEPA offices, including the Office of Water and Office of Solid Waste, with jurisdiction over the identified actions will begin coordination efforts to implement the Administrator’s strategy.

In the April 28 announcement, USEPA outlined a series of actions to address PFAS contamination. Many of the listed actions align with CASA’s advocacy, policy and regulatory priorities on the issue and what the clean water sector’s role should be as a partner in responding to PFAS contamination. Most notably is the action for the Agency to work with Congress and industry to establish a clear liability framework that operates on polluter pays and protects passive receivers. This action aligns with CASA’s priority that clean water agencies are not held liable for cleanup costs associated with PFAS contamination following their hazardous substance designation under Superfund.

Other notable actions USEPA will be taking to respond to PFAS that are relevant to CASA agencies and align with CASA priorities include:

  • Resource and support investigations into violations to hold polluters accountable
  • Designate an agency lead for PFAS to better align and manage PFAS efforts across agency programs (this action should help eliminate conflicting offices mandates)
  • Develop Effluent Limitations Guidelines (ELGs) for PFAS manufacturers and metal finishers and evaluate other ELGs necessary for reduction of PFAS discharges
  • Finish public comment period for biosolids risk assessment and determine path forward based on comments
  • Determine how to better use RCRA authorities to address releases from manufacturing operations of both producers and users of PFAS
  • Ramp up the development of testing methods to improve detection and strategies to address PFAS
  • Achieve more effective outcomes by prioritizing risk-based review of new and existing PFAS chemicals
  • Address the most significant compliance challenges and requests from Congress and drinking water systems related to national primary drinking water regulations for certain PFAS.