Senate seal

Senate · Hearing transcript

President's FY 2027 Budget Request for Environmental Protection Agency

Wednesday, April 29, 2026

Summary

  • Lee Zeldin (Administrator, US Environmental Protection Agency) defended rescinding the 2009 endangerment finding and repealing power plant rules as saving over $1 trillion.
  • Zeldin said EPA logged over 500 environmental wins, visited all 50 states, tackled Tijuana sewage, lead removal, and advanced energy dominance.
  • Sen. Kelly pressed Zeldin on a presidential exemption letting a Miami, Arizona smelter emit lead near a school without installing a $60 million baghouse.
  • Republicans praised EPA deregulation for lowering energy costs and protecting coal jobs, while Democrats said it raises electricity, insurance, and health costs.
  • Zeldin committed to finalize a durable waters definition, expedite chemical reviews and permits, support revolving funds, and track Tijuana River expansion progress.

Morning digest

Get hearings like this in your inbox

Free weekday email. Unsubscribe anytime.

Hearing Details

Witnesses

Members Who Spoke

View on Congress.gov

Transcript

Sen. Capito (WV)23:45 – 29:05

Well, I want to gavel in and I want to say good afternoon to the Administrator, Administrator Zeldin. I would have come down to shake your hand, but we're running a little behind in consideration. I'll just wave to you and and thank you for being here. Uh, I appreciate your time and willingness to appear before the committee as always. Over the last year, w- uh, we have sent, uh, a clear change. We have seen a clear change in the direction of EPA. one that is grounded in EPA's author- authorizing statutes and recognizes the importance of reliable, affordable energy. That change matters no matter where you live, in what state, and certainly no different from my state of West Virginia. In November, thank you very much. During your visit to West Virginia, you heard firsthand about the real economic benefits that are resulting from the regulatory relief efforts in Congress and with the Trump administration. Administrator Zeldin, thank you. Thank you for taking the time to talk to my constituents and understand how the policies and actions that occur here in Washington directly impact the livelihoods of those in the Mountain State. For too long, EPA policies imposed unnecessary and costly burdens on America workers, farmers, manufacturers, energy producers, and communities. We saw rules that drove power plants and coal mines towards closure, raised costs for families, and ignored the plain realities of our electric grid. The EPA buried the economy in red tape and killed economic growth. So that's changing. The EPA is now working hard to undo point by point the Biden administration's war on coal and other matters. The EPA proposal to repeal the Biden administration clean power plan two point O rule, an unworkable and an an unlawful rule that would have forced the shutdown of coal plants and prohibited new gas plants. It would have been a devastated uh devastated our electrical reliability by causing major electricity generation shortages. I encourage the EPA to finalize that rule's repeal. The agency also extended compliance deadlines for the affluent limitations guidelines and repealed the Biden-era Matz rule. These were unnecessary Biden rules with unrealistic timelines that would have forced power plants to shut down rather than continue to operate efficiently, efficiently and in compliance with our environmental laws. This year the EPA rescinded the two thousand nine endangerment finding. That finding was wrongfully used to justify sweeping rules that Congress never authorized, and that imposed hundreds of billions of dollars of costs on our economy. Rescinding it is a momentous milestone in returning the EPA to adhering to its statutory role. The costly regulatory regime of the endangerment finding supported was inconsistent the requirement of clear congressional authority that the Supreme Court found was necessary for such actions in the decision in West Virginia versus the EPA. The EPA's work is not limited just to the power sector. After Administrator Zeldin sent the uh Biden-era California waiver to Congress, we repealed the Democrats' attempt to enact a nationwide electric vehicle mandate without a vote in Congress. With that vote, Congress preserved con- consumer choice, and protected our constituents from government-mandated higher vehicle costs. Finally, Administrator Zeldin is bringing real accountability for how our taxpayers' dollars are being spent. The Inflation Reduction Act created a bunch of wasteful programs at EPA that funded climate spending with little actual environmental benefit, such as for activist pet projects and even funded activists to more easily sue the government to stop permits and projects. Two programs were a particular concern. Thirty billion dollars that went to the so-called Green Bank, and environmental justice block grant programs. Billions of dollars went out the door with limited transparency and questionable oversight. The EPA's action to cancel roughly seventeen billion dollars of those grants was an important first step for Congress to build upon, which we did in the working family tax cut bill. The EPW uh com committee's title of that bill took the final step to repeal the Green Bank and rescind those canceled grant funds, as well as millions of dollars from other IRA programs, clawing them back to the United States Treasury on behalf of the American taxpayers. The EPA, under Administrator Zeldin's leadership, is delivering real results real results to benefit West Virginians and the American people, but there's still much work to be done. We need to assure that the EPA's bipartisan foundational programs like the drinking water and clean water state revolving funds are adequately funded. These programs are how communities, especially small and rural communities, replace aging pipes, update treatment systems, and ensure safe, reliable service. We also need to ensure that programs and processes are well established to strengthen economic depet- competitiveness by approving new, innovative chemicals and cleaning up environmental brownfield sites. Administrator Zeldin, I appreciate the steps your agency has taken so far. I look forward to hearing how you plan to build on that progress, how you're prioritizing EPA's core responsibilities, and how we can continue working together to support American energy and American jobs. So I now recognize Ranking Member Whitehouse for his opening statement.

Sen. Whitehouse (RI)29:05 – 36:04

Thank you, Chairman. The point of science isn't to have an opinion. It's to make a prediction. Science is society's headlights, predicting what's ahead. What science has unequivocally shown for decades, EPA's recent efforts to dismantle and distort science notwithstanding, is that fossil fuel emissions are disrupting Earth's basic operating systems in increasingly dangerous ways. As ocean and weather systems go haywire, all the fossil fuel funded faux science will count for naught. Indeed, it will inevitably be exposed as fraud. Climate change is moving from the science department to the economics department. So the first hits coming are economic hits, from industries that must truthfully predict how climate change will affect their businesses. One industry that has to predict well is the insurance industry for both fiduciary and business reasons. Climate risk is blasting insurance markets and melting down homeowners' insurance. Florida is first and worst. Sixty-four percent of voters in Florida understand their home insurance crisis relates to climate change. Even forty-four percent of Trump voters in Florida understand that. Home insurance costs are exploding. Insurers are leaving customers. In some cases, they're leaving whole states and regions. And predictions are that the cascade goes from climate risk to insurance collapse, to mortgage collapse, to property values collapsing, to full-on recession. Already Florida leads the nation in property value decline. Every increased premium, every notice of non-renewal, every customer dumped into a state plan ties back to the fossil fuel industry's twinned operations of climate denial fraud and dark money corruption. Operating through dozens of front groups which have blockaded efforts, to reduce the underlying climate risk that is driving that whole cascade. Even though they knew they deployed fraud and corruption to blockade. Another cost going up for consumers is electricity bills. This is driven in part by the fossil fuel industry's plot to subvert the powers of government to keep inexpensive clean energy off The grid. Ask any grid operator. Inexpensive clean energy runs first on the grid because it's inexpensive. As demand climbs, the grid then goes to more and more expensive fossil fuel plants, which raise and raise the grid price and consumer costs go up and up. The point of the industry plan is to raise consumer costs by reducing clean energy, sending those extra billions consumers must spend to fossil fuel plants and fossil fuel producers. It's a money pump, deliberately extracting money from consumers and sending it to Trump's big, corrupt fossil fuel donors. The Trump administration persistently lies about the added cost. That's part of what the fossil fuel industry paid for. Administrator Zeldin himself has said, for example, that the wind and solar industries would not exist without government subsidies. But that's simply not true. Coal and gas are more expensive per megawatt hour than wind and solar, even with their seven hundred plus billion dollars of free-to-pollute subsidy that fossil fuel gets from the US government. seven hundred billion dollars of subsidy every year. Well, grid operators don't lie. They run grids. Based on cost, you can see who's less expensive. Or, you can take a look at the contracts. Offshore wind will cost nine cents per kilowatt hour in our eighteen cent per kilowatt hour average cost grid. Do the math. Nine is less than eighteen. Four year olds know that. And yet the administration lies. Administrator Zeldin has played a huge part in delivering this payback to Trump's fossil fuel donors. Payback in the form of policies driving dirtier air and water, worsening climate change and extreme weather, and driving higher costs for consumers in the form of ever higher property insurance premiums and electricity bills. From attempting to kill clean energy programs, to handing out pollute-for-free passes to fossil fuel power plants, to saddling Americans with increasingly unaffordable gas guzzlers, Zeldin has executed the fossil fuel industry's agenda. A massive reckoning is coming. Those who sold out for position and power, and presumably to be taken care of afterwards by the big polluters, those who lied to the public, those who chose to support the industry's interest over the public interest, those who drove consumer costs up on purpose to reward big political Trump donors, all that will be exposed. It is inevitable. It is nature's way. Indeed, it's already begun. all the climate denial fraud that you helped propagate, all the corrupt dark money your polluter bosses sluiced through this building, none of that will stand against nature's reckoning, a reckoning that is inevitable, as inevitable as a sunrise. We ignore at our own peril the fact that these natural systems, nature's own economy, provide the foundation for our prosperity and our national security. Thank you, Chairman.

Sen. Capito (WV)36:05 – 36:46

Thank you, Senator Whitehouse. Uh, this afternoon we are joined by the Honorable Lietz-Zeldin, who is the Administrator of the United States Environmental Protection Agency. I look forward to hearing from Administrator Zeldin about the agency's proposed multi-billion dollar budget for the fiscal year twenty twenty-seven and how he plans to build upon the programs and policies that ensure the core mission of the EPA is executed. So, Mister Administrator, thank you for being here, but before we move to your testimony, I'll administer the oath to receive your sworn testimony. If you would rise, please. And, uh, raise your right hand and answer the following question. Do you swear the testimony you're about to give to this committee is the truth, the whole truth and nothing but the truth? So hope you got.

Sen. Whitehouse (RI)36:46 – 36:47

Yes, I do.

Sen. Capito (WV)36:47 – 36:57

Thank you. Let the record show that the witness answered in the affirmative, so we will now proceed. Administrator Zeldin, you are now recognized for your opening statement. Thank you.

Lee Zeldin (Witness)36:58 – 42:09

Well, thank you, Chairman Capito, Ranking Member Whitehouse, and members of the committee. I appreciate the opportunity to appear before you today to discuss the President's fiscal year twenty twenty-seven budget request for the US Environmental Protection Agency. I would like to take a moment to thank many of you for supporting the confirmation of EPA's leadership team team who have wasted no time enacting President Trump's agenda and helping to power the great American comeback. Marking one year of President Trump being back in office, EPA announced over five hundred environmental winds in that first year. We've made enormous strides to tackle the decades-long Tijuana River sewage crisis that's affected San Diego area communities. We're getting lead out of drinking water across the country. And we're proving you don't have to choose between a strong economy and a clean environment. This great work is just a fraction of what EPA accomplishes on a daily basis as we continue to f- fulfill our core mission of protecting human health and the environment. There are Democrats on this dais who want the EPA to govern in left-wing fantasy, pursuing their agenda to destroy entire sectors of our economy. At the Trump EPA, we govern in reality. We are committed to supporting more baseload power sources in this country. To meet this moment, and unleash energy dominance. I fulfilled a commitment I made during my confirmation to visit all fifty states as EPA administrator. And I completed that effort in just nine and a half months. During those visits I learned how EPA's policies, rules and regulations impacted farmers, small business owners and our energy providers. It was exciting to often witness in my travels groundbreaking after groundbreaking Seeing firsthand the projects that are underway to unleash energy dominance, grow our economy, and power the artificial intelligence revolution. During my visits, I asked how can we help and where do we need to get out of the way? Everywhere I heard we need certainty and consistency. The Trump EPA is committed to bringing down costs for American families by ending the whiplash of the radical climate agenda. The Supreme Court's overturning of the Chevron Doctrine made it clear that agencies like EPA no longer have the freedom to creatively bend the law to fulfill the demands of unelected bureaucrats. This paved the way to our greatest deregulatory achievement yet, the rescission of the two thousand nine endangerment finding. For sixteen years, the endangerment finding has been the source of consumer choice restrictions and trillions of dollars of hidden costs piled onto Americans. This single decision lessens the federal gov- government's harmful grip over our economy, saving over one trillion dollars and bringing down the cost of new vehicles. November, EPA rolled out a proposed rule that would establish a clear, durable, common sense definition of waters of the United States, faithfully abiding by the Supreme Court's decision in Sackett. Democrat administrations have weaponized the definition of navigable waters, to seize more power from american farmers landowners entrepreneurs and families we heard from americans across the country who want clean water and a clear rule no longer should america's landowners be forced to spend precious money hiring an attorney or consultant just to tell them whether a water of the united states is on their property as we work to protect human health and the environment grow our economy and restore america's energy dominance EPA has taken several actions to bolster domestic energy production. In February, we took steps to end Democrats' war on coal by repealing the Biden administration's overly burdensome twenty twenty-four mercury and air toxic standards. The rule imposed massive costs in red tape on coal and oil-fired plants, driving up the cost of living for American families, jeopardizing our grid reliability and national security, and limiting American energy and manufacturing dominance. Having reliable energy production not only provides lower costs for American families, but ensures national security. The President's FY twenty-seven budget will continue to make EPA efficient and effective stewards of Americans' hard-earned tax dollars and fulfill our statutory obligations and our core mission. This budget proposal captures significant efficiencies and a return focus on what Congress has directed us to do. Demonstrating our commitment to a leaner, more efficient, and accountable EPA. Focused on environmental work that directly benefits the American people. The budget supports and aligns with President Trump's goal of right-sizing the federal workforce, with a staff, not one more or less than what is necessary. We will continue working each and every day to deliver an EPA that works to empower the American people while protecting our nation's air, land, and water. I look forward to answering all of your questions. Thank you.

Sen. Capito (WV)42:11 – 43:00

Thank you, and I will start the questioning. Uh, thank you for being here. And uh, you know, all the comments thus far has talked about the urgent need to generate more electricity. Uh, the past administration's power sector strategy was to shut down base load energy uh availabilities, and our nation is facing an energy scarcity. People talk about it all the time and know that it is a reality. Um, this strategy consisted of a half dozen rules at EPA, including clean power plan two point O that went beyond the gover- the agency's regulatory authority, which you've addressed. Um, will you discuss your efforts to repeal the Biden, uh, EPA power sector strategy and how that will lead to more affordable, reliable electricity while continuing to protect public health and welfare?

Lee Zeldin (Witness)43:01 – 43:58

Well, thank you, Chairman. What we saw tor- especially towards the end of the Biden administration was an attack with uh many rules seeking to strangulate coal out of existence, telling your uh coal miners that they should just learn to code. Uh we understand how important coal is to your state and many other states up here on this dais. Uh the twenty twenty four mercury and air toxic standards have been repealed. We still have the strict twenty twelve standards that we're working and have significantly reduced mercury and other emissions. Uh we are working to repeal clean power plan two point O. efforts with regards to steam electric, ELG, coal combustion residuals, giving primacy, uh, to states on the handling of CCR, as I mentioned with our new Waters of the United States rule, uh, with our new water reuse action plan two point O, and more, we are rolling back that attack that we saw on coal and other sources of power. Uh, we

Sen. Capito (WV)43:58 – 44:13

And, and, and if I could hear, uh, I, I think it's important to emphasize at this point that this, the the Clean Air Act and the 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?

Lee Zeldin (Witness)44:13 – 44:14

Yes, ma'am.

Sen. Capito (WV)44:14 – 44:54

Thank you. Um, in the working family's tax cut we signed into law, we repealed section one thirty-four of the cl- uh, of the Clean Air Act to eliminate the greenhouse gas reduction fund. Uh, I think it was seventeen billion dollars. Uh, it is in litigation right now. And uh I was curious to know uh in in uh we uh we supported the uh grant cancellations through the pa- through the passage of the working family's tax cut. Total waste of money. These are unobligated. Uh well I understand there's legislation pending. If the courts affirm that Congress has rescinded the seventeen billion dollars, do you commit to quickly returning these funds to the United States Treasury?

Lee Zeldin (Witness)44:54 – 44:55

Enthusiastically.

Sen. Capito (WV)44:55 – 45:53

Thank you. Um I want to talk about PFAS. You and I have talked about this before. Uh, you know it's a concern I have. Uh, it's a concern around the country. Uh, and we haven't been able to really reach a congressional, um, uh, a point at which we can, we can agree here as to how we might be helpful. Um, under CERCLA, as, uh, uh, strict, uh, guidance, uh, retroa- in their retroactive liability structure, uh, we're not sure that the passive receivers, that would be small water companies, um, Could be ag people, it could be uh a- anybody else who's uh sharing water resources. There's a concern that they may be on the hook to pay for any kind of cleanup. Uh while we work for a solution, can you tell me what EPA has done? I know you have several authorities uh and execs and existing settlement and allocation tools under circle. Are you using those authorities? How are you using them and how successful have they been?

Lee Zeldin (Witness)45:54 – 46:45

Uh we believe strongly that the polluters should pay. and that the ratepayers shouldn't be on the hook for cleaning up PFAS contamination of their own water supply. Uh, we had a choice as to whether or not to pursue, uh, CERCLA or RICCLA. Neither of these two laws, uh, were written with PFAS in mind. And unfortunately, the cost of cleanup, uh, is passed down from that water system. There are thousands across this country, uh, who would be giving it to their ratepayers. Uh, so we look forward to being able to work with Congress, uh, to be able to address this issue with regards to CERCLA. Uh, we have been in contact with stakeholders. There is an, a liability settlement that I'm here to report on. Uh, and congre- a congressional solution would, uh, certainly be ideal to address the passive receiver status.

Sen. Capito (WV)46:46 – 47:15

The other thing we're working on is the, uh, Um, uh, safe drinking water, uh, which involves the state revolving funds. uh all of our states particularly and particularly those that of us that have still small and remaining rural communities that don't have satisfactory service uh they're limited in their financing options it's very difficult this is a critical program for them uh will you commit to working with states to implement all uh funding that congress provides from the s. r. f.'s in future authorizations and appropriations

Lee Zeldin (Witness)47:15 – 47:16

yes chairman

Sen. Capito (WV)47:16 – 47:18

thank you uh senator whitehouse

Sen. Whitehouse (RI)47:19 – 47:24

i'm gonna let uh senator sanders proceed first because he has a scheduling issue, so I'll swap with him.

Sen. Capito (WV)47:24 – 47:30

Before we go to Senator Sanders, really quick, sorry, Senator, I'd like U C request for submission for the record,

Lee Zeldin (Witness)47:27 – 47:27

Before.

Sen. Capito (WV)47:30 – 47:52

uh, an article, uh, written by the, uh, Washington Post, EPA is right to reverse Obama overreach. Uh, another UC request for submission of the record, Wall Street Journal, article, climate regulation liberation day, the Trump EPA moves to appeal Obama-Biden endangerment finding. And lastly, unanimous consent to enter in the record an article, Real Clear Energy, America's power needs coal and common sense.

Sen. Kelly (AZ)47:52 – 47:52

good afternoon

Sen. Whitehouse (RI)47:52 – 47:53

thank you

Sen. Capito (WV)47:57 – 47:58

sort of sad sorry

Sen. Sanders (VT)47:58 – 50:00

thank you madam chair this is zeldin thanks very much for being with us um i wanna focus on one issue uh i'm glad that you mentioned your desire to bring down costs in america unfortunately you have not been succeeding costs are going up in many aspects of our economy especially in terms of electricity rates as you know all over the country uh people are paying higher and higher electric bills now there are lot of reasons for that but one of the possible solutions is for us to make certain that low income and working class people have solar panels on their rooftops as you well know when one has solar panels on a rooftop we can reduce electric rates by seventy eighty ninety percent it is a big deal, not to mention that it takes carbon emissions out of the atmosphere and helps us address climate change. Alright, as part of the Inflation Reduction Act, I got a provision in there called Solar For All. I suspect you're familiar with that. It's a seven billion dollar program which would reduce electric rates over a period of years for millions of low-income and working class people rather substantially. Unfortunately, and I think illegally, The Trump administration rescinded that legislation. So what I'm asking you right now, you talk about lowering costs, we need to put solar panels on rooftops. If you're concerned about climate change, we gotta cut carbon emissions. Will you work with me to make sure that that seven billion dollars for solar for all, and by the way, the grants that have come into the EPA, as you probably know, are from dozens and dozens of states, Republican states, Democratic states. all over this country people want lower electric rates they wanna protect the environment that's what that bill does will you work with me to make sure that that seven billion dollars actually is funded and gets out to the states

Lee Zeldin (Witness)50:00 – 50:22

uh senator the issue is that congress has rescinded the entirety of that program as well as rescinding the money for epa to be able to oversee the program now if congress was to pass this again in the future we will then do our job to get the money out now we'll respect the decision that congress made last summer in repealing it.

Sen. Sanders (VT)50:23 – 50:27

You're suggesting that the big, so-called big, beautiful bill repealed it. Is that what you're suggesting?

Lee Zeldin (Witness)50:28 – 50:34

Uh, not only did it rescind the account, it also rescinded the account for us to oversee this event.

Sen. Sanders (VT)50:33 – 50:54

OK. First of all, it did not rescind uh, solar for all. And if you're sitting here telling us that when we have a program that can lower electric rates for millions of people, help clean up the environment, that you can't find a small amount of money to provide oversight to this program, I think that's not quite credible, to be honest with him.

Lee Zeldin (Witness)50:54 – 51:34

Yeah, Senator, I I maybe you we don't share this concern, but what I was really concerned about when I came in was I found that the way that the Solar for All program was gonna be implemented, was that they were gonna have the money go through up to four different pass-throughs, where each of the pass-through entity was gonna collect at least fifteen percent. So the dollar that you think was appropriated to be spent on the back-end, had to go through up to four pastors where they're each diluting it just so from a standpoint of being fiscally good stewards if we ignored the fact that congress rescinded the program if we ignored the the fact that they rescinded the money to oversee the program i would hope that we would be equally offended by the fact that the money

Sen. Sanders (VT)51:33 – 51:37

good and then the answer would be that you would come in and chat with me as the author

Lee Zeldin (Witness)51:34 – 51:35

was getting weighted

Sen. Sanders (VT)51:37 – 51:58

of the bill say bernie how do we make it more efficient we don't wanna waste money on administration i hate bureaucracy as a matter of fact that's not what you did you took away the opportunity of millions of people to see lower electric rates. I hope that we can work together to bring that back. You wanna make the program more efficient? Come on in. Let's chat about it. Is that something you could do?

Lee Zeldin (Witness)51:58 – 52:14

Senator, I would be happy to sit down and talk to you about the program and what we found with the inefficiency of see inefficiencies of it but what we also can't ignore is the fact that as part of the one big beautiful bill, the working family's tax cut, they rescinded the seven billion dollars.

Sen. Sanders (VT)52:12 – 52:18

They did not. That, uh, that's just absolutely inaccurate. And um, alright. Thank you very much.

Sen. Capito (WV)52:19 – 52:20

Sarah Kramer.

Sen. Cramer (ND)52:21 – 53:24

Thank you, Madam Chair, and thank you, Administrator, for being here. I I just, I have to go back to um some of the comments that Senator Whitehouse made, it while I think true, I think a little incomplete, so I wanna ask you a couple of questions about the the uh preference of renewables on the grid because of their low marginal, net net, nearly net zero marginal costs um per kilowatt hour i think he even used the number nine cents out of the average eighteen cents um do do the do those and i know this is you are not the rate maker and you're you're but i think you understand this stuff and and that and and i'm wondering if his nine cents do you think that includes the two point three cents per kilowatt hour subsidy that the tax payers pay for production tax credit or does it include do you think the thirty percent investment tax credit that the utility or the the you know producer had to invest before they could even generate this zero cost energy do you think those prices include that

Lee Zeldin (Witness)53:24 – 53:27

uh respectfully senator whitehouse's math is extremely wrong

Sen. Cramer (ND)53:28 – 54:12

what it may be right in terms of what he you know and what he is including but doesn't uh i don't believe it includes all these other high cost by by taxpayers who by the way are also rate payers see we spend a lot of time talking about rates but not real time talking about costs. Um, because, near as I can tell, taxpayers are rate payers as well. Okay. Um, how about this? Do you think that it also includes, or does it leave out the additional investment that a utility has to in invest to back up the wind when it doesn't blow the other seventy percent of the time? In other words, you, you have to have a back-up that's more reliable. Do you think it includes, does this math include those costs? The rate payers pay.

Lee Zeldin (Witness)54:11 – 54:14

There, there, there's no way to explain his math.

Sen. Cramer (ND)54:15 – 55:01

Okay, well let's stick in with this preference on the grid thing. Um, again, net zero, marginal costs, you'd be crazy if you didn't put it on the grid first, if you've already, if you're already stuck with all the investment costs and the taxpayer costs and all of those things. Uh, and, and so that, that I understand. And, and, that's part of the rate structure. Um, but there, but, Isn't it true that there are regions and states that add regulatory or legal um mandates that require the less reliable uh energy to be on the grid first before they then go to the much more reliable uh extra cost uh electricity that goes on the grid.

Lee Zeldin (Witness)55:01 – 55:13

Senator, it is not a coincidence that the ten states that have the cheapest rates across the country voted for President Trump and nine of the ten with the highest rates voted for Kamala Harris. That's not a coincidence.

Sen. Cramer (ND)55:14 – 56:19

Yeah. Um, well, as a former rate maker, let me tell you, I I I know this topic pretty well and I I think to, if we're gonna have an honest discussion, we have to put all the costs on the table. All right, that said, let's get back to Ortiz for just a minute. First of all, thank you and and to the to to your team for having the first listening session on waters of the United States, out in the Prairie Pothole region of North Dakota, and I think there was a lot of great feedback. One of the things that um was interesting to me that i did not expect frankly at that listening session was when one of the well the the president of the the home builders association testified after a question that the the surveying and and studies that they've done show that the cost of a lot due to the waters of the united states in in certain areas um increased twenty five thousand dollars per lot for a home before a shovel went into it. Now, does that not seem like a a a cost issue or a uh uh an inflationary issue that could certainly have been relieved by a better rule?

Lee Zeldin (Witness)56:20 – 56:46

Absolutely. There are landowners, farmers, ranchers, there are entire states who have come to us, they've done the math, and the impact of the way the waters of the United States was defined previously, uh, results in a heavy cost. uh to be able to hire an attorney or a consultant to tell them why there is a water of the united states uh and that great uncertainty has caused a lot of issues across the country and that's what we're working to fix

Sen. Cramer (ND)56:46 – 57:14

so while you're working to fix it in the remaining seconds maybe give us a an update on that exactly i know that one one of the things i hear couple of things i hear a lot about from people about the proposed rule is terms like significant nexus um a wet season are little bit vague and probably probably similar to you know, uh federal nexus. Um, can you give me an update on on definitions and the process, and is there a way we can sort of tighten some of that language up?

Lee Zeldin (Witness)57:15 – 57:31

Uh, we have been going through all of the public comments, grateful for everyone across the country who participated in the process. We encourage, uh, the public to participate when we go out to the, the, the, the public comment, that included waters of the United States. Uh, and we've heard this feedback and much more, and we are incorporating it.

Sen. Capito (WV)57:34 – 57:35

white house

Sen. Whitehouse (RI)57:35 – 58:47

mr. zeldin my colleagues around this table are closing in on election in which the trump administration's household cost catastrophe will be central and you have been on a polluter funded rampage to increase americans costs stuff should cost less you are making lots of stuff cost lots more you've raised costs for americans you've done so to steer their money to your big polluters. Your attack on clean energy raises costs for consumers, but it sends billions to your fossil fuel polluters, Trump's big donors. Trump's attack on offshore wind stalled nine cent per kilo o- k- kilowatt hour power. Contract number, no math. Uh, getting to my constituents who work in an eighteen cent average kilowatt hour grid. Every single day that that nine cent power was delayed, Steered money from consumers' pockets into the pockets of expensive natural gas units, units that the clean offshore wind energy would have displaced. You will at least concede that nine cents is less than eighteen cents, will you not?

Lee Zeldin (Witness)58:48 – 58:50

Uh, well, nine cents is less than eighteen cents,

Sen. Whitehouse (RI)58:50 – 58:51

There you go.

Lee Zeldin (Witness)58:50 – 58:51

however,

Sen. Whitehouse (RI)58:51 – 58:51

Thank you.

Lee Zeldin (Witness)58:51 – 58:52

in this context context,

Sen. Whitehouse (RI)58:52 – 58:56

Your rampant climate denial and refusal to address climate risk

Lee Zeldin (Witness)58:52 – 58:57

your math is inaccurate. Your math is inaccurate.

Sen. Whitehouse (RI)58:57 – 59:00

is driving home insurance rates skyward.

Lee Zeldin (Witness)58:57 – 58:58

Would you like to talk about it?

Sen. Whitehouse (RI)59:00 – 59:25

Setting new records in states like Iowa, Florida, and Texas. Those costs are cascading from a home insurance crisis into a mortgage crisis, into a property values crisis. But the big winners, getting to pollute for free, are your fossil fuel polluters, Trump's big donors. Is EPA looking at all at Florida's climate climate driven insurance crisis?

Lee Zeldin (Witness)59:25 – 59:29

So to be clear, the, everything about the nine cents, all you wanna ask

Sen. Whitehouse (RI)59:29 – 59:31

i have a new question now go to the next question

Lee Zeldin (Witness)59:32 – 59:35

no i just that i'm understanding this is right for issue here

Sen. Whitehouse (RI)59:33 – 59:38

ok you don't wanna ask my question i move on to the next one your attack on fuel efficiency standards

Lee Zeldin (Witness)59:36 – 59:41

if i'm tracking right all you wanna know that nine cents is less than eighteen cents you don't actually talk about the issue

Sen. Whitehouse (RI)59:40 – 59:43

already answered that you already answered that now you're just wasting my time

Lee Zeldin (Witness)59:43 – 59:47

uh now everything other than nine is less than eighteen you're wasting your time

Sen. Whitehouse (RI)59:44 – 1:00:38

your attack on fuel efficiency standards will drive up the cost of americans gasoline budgets your own regulatory impact analysis put the net loss to consumers at one hundred and eighty billion dollars, but with a minimum, minimum five hundred and eighty billion bonus for big oil at the pump. All those billions go to your fossil fuel polluters, Trump's big donors. Those are your numbers, Mister Zeldin. You also made it easier to pollute with soot. Soot. Which will cost Americans tens of billions in added healthcare costs, all to save about six hundred million dollars in compliance costs for your fossil fuel polluters, Trump's big donors. You stopped EPA even counting health harms in your cost-benefit analysis, didn't you?

Lee Zeldin (Witness)1:00:39 – 1:00:42

I'm still stuck on the fact that y- all you're asking me so far about,

Sen. Whitehouse (RI)1:00:41 – 1:00:43

All right, you're not gonna ask that question,

Lee Zeldin (Witness)1:00:42 – 1:00:45

any of your numbers is that nine is less than eighteen.

Sen. Whitehouse (RI)1:00:43 – 1:00:48

you're not gonna answer that question either. You attacked the greenhouse gas reduction fight.

Lee Zeldin (Witness)1:00:46 – 1:00:48

You wanna talk about what an LCOE is?

Sen. Whitehouse (RI)1:00:48 – 1:00:50

I get the time here, I get to ask the questions.

Lee Zeldin (Witness)1:00:48 – 1:00:49

Do you know?

Sen. Whitehouse (RI)1:00:51 – 1:02:04

you attack the greenhouse gas reduction fund, potentially costing consumers fifty two billion dollars in lost energy savings, let alone the health benefits of cleaner air. But that fifty two billion, consumers lose, will flow where? To your fossil fuel polluters, Trump's big donors. Ditto the solar for all funding that you attack, trying to strip Americans of three hundred fifty million dollars per year in expected energy savings. Billions over time. Those lost savings go where? to your fossil fuel polluters, Trump's big donors. You even set up a special polluter email address that gave polluters a drive-up window for exemptions from the Clean Air Act, helping them keep seventy polluting coal plants online. One estimate is that just six of those plants have already cost ratepayers an extra two hundred and thirty million dollars in costs in less than one year. And indeed, one plant in Michigan has already six hundred million dollars in excess health costs. That is money out of consumers' pockets and into the pockets of your fossil fuel polluters, Trump's big donors.

Lee Zeldin (Witness)1:02:04 – 1:02:06

Can we talk about your math yet?

Sen. Whitehouse (RI)1:02:05 – 1:02:09

Are you even tracking the consumer cost of those coal plants?

Lee Zeldin (Witness)1:02:09 – 1:02:11

We're we're gonna get to talk about math?

Sen. Whitehouse (RI)1:02:11 – 1:02:15

Are you even tracking the consumer costs of those coal plants?

Lee Zeldin (Witness)1:02:15 – 1:02:19

Oh no, oh this is great. So, I I don't even know where to start with all the the mess of math.

Sen. Whitehouse (RI)1:02:19 – 1:02:23

Answer that question. Are you even tracking the consumer costs of those coal plants?

Lee Zeldin (Witness)1:02:21 – 1:02:27

Of course. Yeah, yeah, and costs are going down across the country, when you look at EPA's impacts.

Sen. Whitehouse (RI)1:02:26 – 1:02:30

Where, where are you tracking the consumer costs of those coal plants?

Lee Zeldin (Witness)1:02:30 – 1:02:32

When you look at the re- are you kidding me?

Sen. Capito (WV)1:02:31 – 1:02:32

They're in EPA's tracking that.

Lee Zeldin (Witness)1:02:32 – 1:02:45

The coal plants even staying open? You think that the math is it's better for West Virginia if you coal- if you close down their coal plants and put these people out of work and tell them to learn a code. According to you,

Sen. Whitehouse (RI)1:02:43 – 1:02:47

I think that when you put in a coal plant on,

Lee Zeldin (Witness)1:02:45 – 1:02:47

in your mind, that's saving West Virginia?

Sen. Whitehouse (RI)1:02:47 – 1:02:48

that is raising costs,

Lee Zeldin (Witness)1:02:48 – 1:02:50

Is it saving them on energy access?

Sen. Whitehouse (RI)1:02:49 – 1:02:50

we know

Lee Zeldin (Witness)1:02:50 – 1:02:51

Is it saving them on jobs?

Sen. Whitehouse (RI)1:02:51 – 1:02:55

You can talk across me all you like. You are raising costs.

Lee Zeldin (Witness)1:02:55 – 1:02:56

Raising costs.

Sen. Whitehouse (RI)1:02:55 – 1:02:59

You're raising costs on purpose because the money that you get when you

Lee Zeldin (Witness)1:02:57 – 1:02:57

If we.

Sen. Whitehouse (RI)1:02:59 – 1:03:03

raise costs from consumers goes to Trump's big fossil fuel donors.

Lee Zeldin (Witness)1:03:02 – 1:03:04

If we don't close down coal.

Sen. Whitehouse (RI)1:03:03 – 1:03:04

My time is up.

Sen. Capito (WV)1:03:07 – 1:03:11

Not sure we're gonna get anywhere with that. Uh, we'll go to Mister Curtis.

Sen. Curtis (UT)1:03:11 – 1:03:29

I would desperately like to change the subject, but I'm I uh, Mister Zeldin, let me just ask you uh, and a very quick answer, if we had a magic wand and we waved it and we unplugged every single fossil fuel source across our planet now, g- give me thirty seconds to what the world would look like.

Lee Zeldin (Witness)1:03:30 – 1:04:38

I I would tell you for us, domestically it would be absolutely devastating. Uh, and unfortunately we don't have to be naive to, uh, to the math that Senator Whitehouse is using. Uh, he's, he, he likes to look at a levelized cost of entry. He's not factoring in firming. He's not looking at the ISO's net cost of new energy. And when you factor in firming and all the additional costs, they start skyrocketing. And you realize that all sorts of access to fossil fuels that they rail against are actually cheaper. Whether it's the gas combined cycle, whether you're talking about the, the, the, the gas that's already on-line, the nuclear that is already on-line. He wants to use a very small number to say that wind is the cheapest and solar is the cheapest. He wants to ignore all of the firming costs. His math is screwed up. For the rest of this country, as we saw through many, many weeks of very cold temperatures, thank God that people, when the, uh, the sun stops shining, when the wind stops blowing, and when it's freezing over the course of that winter, that they had access to reliable, durable baseload power.

Sen. Curtis (UT)1:04:38 – 1:04:38

All right.

Lee Zeldin (Witness)1:04:38 – 1:05:00

And thank you to the Republicans on this dais for your advocacy and your application of reality to make sure that all of these Americans are able to stay warm. Because they would have been in a really screwed up position, if they were following Senator Whitehouse's approach towards forcing, jamming everyone with wind and solar, and putting away all their access to reliable baseload power.

Sen. Curtis (UT)1:05:00 – 1:06:24

Okay. I would take an hour of this, but I get five minutes. So I'm gonna shift your gears just a little bit. Uh, first of all, when you mentioned you'd been to fifty states, I was surprised because I know you came to Utah. If you spend as much time in all fifty states, and got us into issues as much as you did in utah that is uh uh outstanding thank you for your visit thank you for meeting with my legislators and for the good work you have done there as you know part of our challenge in utah is is this atmospheric conditions that we have that just make us unique and different we we have made i would suggest more changes to prove air quality in other any other state but just the the the game the the rules of the game have been problematic for us so thank you for your involvement in that now if i could just switch issues just real quickly um your the twenty twenty seven budget justification prioritizes the review of of new chemicals uh p m n s i appreciate your goal literally a goal of of conducting risk assessments and making affirmative determinations on more than five hundred new chemicals i think that would be about four hundred and ninety nine more uh than than the last administration maybe even five hundred so thank you for that Can you walk us through the steps the EP is taking to meet that goal? Uh, it's an aggressive goal, uh, including, uh, case discussion meetings within thirty days of receiving the request and how investments in AI and other innovation have have been helping you.

Lee Zeldin (Witness)1:06:24 – 1:07:17

Well, on that front, I wanna thank Congress appropriated seventeen million dollars in March of twenty twenty five to upgrade IT inside of that office. When the systems go down for weeks at a time, everything is stopping, and then you have a backlog. uh that starts increasing. We inherited a new chemicals backlog of about five hundred or so. Uh we ha- uh did fifty-eight new PMNs just in the first three months of this year. On top of that, when we did our agency reorganization last year, we increased the amount of FTEs, the amount of scientists inside of the Office of Chemical Safety. Uh that reorganization and the streamlining of the process, the efficiencies that have been added, uh have allowed us to for example, get those fifty-eight new PMNs done. Uh, we project that we'll do more PMNs in twenty twenty six than each of the last five years prior.

Sen. Curtis (UT)1:07:17 – 1:07:53

Yeah, thank you. And I, I wanna point out that, uh, the impact this, that that program has on innovation, uh, pushing jobs, uh, if we don't do it, push those jobs offshore, plus the fact that many of these chemicals are actually far better for the environment. When we don't get them approved, we're forcing companies to use these chemicals that we know are, are are worse for the environment. Can you also elaborate on I know part of this is communicating with the submitters. So, talk to me about the process that we're improving of communicating with the submitters to make it smoother for them more predictable in their review process.

Lee Zeldin (Witness)1:07:53 – 1:08:18

Well, sure, one of the things I was adding a lot of time was the the hundred steps that have to get done sequentially. Uh, it's just a no-brainer to start to move this stuff efficiently at the same time at once as much as possible. And Congress is gonna have an opportunity as the TASCA fee uh expiration approaching towards the end of September. Uh, we would look forward to being able to share our feedback and work with you, Senator, uh, on that.

Sen. Curtis (UT)1:08:19 – 1:08:34

Yeah, I'm I'm just gonna take a couple more seconds to pick uh pick that line up. What what I'd like to know, and we, if we don't have time, what priorities should Congress be focusing on so we can improve the program to to make sure when we're approving the new TASCA that it's more efficient?

Lee Zeldin (Witness)1:08:34 – 1:08:51

sure i will definitely uh i'm happy whether it's in qfr s or separately with your office like to talk about section twenty one uh petitions like to talk to you about uh the section six prioritization process uh there are a lot of details that could be incorporated in the development of new legislation

Sen. Curtis (UT)1:08:51 – 1:08:55

good and thanks once again for your attention to utah s issues i

Lee Zeldin (Witness)1:08:54 – 1:08:55

thanks senator

Sen. Capito (WV)1:08:55 – 1:08:56

thank you senator padilla

Sen. Padilla (CA)1:08:57 – 1:09:53

thank you i have a question for senator curtis does he spend much more time in utah as he as he as he has spent in california uh now appreciate uh your attention and support for the improvements in around the tijuana river uh number one uh on another positive note wanna thank you for uh having worked with local officials city and county folks after the fires in the los angeles area last january both the palisades fire and the eaton fire um uh more specifically they were the largest of the footprint uh so the response and the aid in the immediate aftermath was helpful, was good, was necessary. But as you know, uh, there's still disaster aid pending for, as the communities are trying to rebuild. It's been more than a year. And so I'm wondering if on behalf of the administration, you know when we might, uh, expect that, uh, supplemental request for consideration by Congress.

Lee Zeldin (Witness)1:09:54 – 1:10:41

Well, I know, Senator, that, uh, there was a meeting that I've heard nothing but positive feedback from. uh from both uh the white house as well as uh mayor bass uh county supervisor barger uh that meeting last week i would imagine was um felt universally as a a good conversation to talk about uh insurance to talk about banking and to talk about uh potential federal aid uh some of this is a request for with fema that might not require a new uh act of congress part of this might be cdbg dr funding that will require um i believe that the omb director was in that meeting as well and i also am under the understanding that there was that there's been follow-up conversations as well um and um

Sen. Padilla (CA)1:10:40 – 1:10:46

just uh i hate to cut you off i do wanna get to other issues but yesterday do we have a timetable i mean every week of month

Lee Zeldin (Witness)1:10:46 – 1:10:57

i i i i don't have a timetable i've been focused on epa's budget but uh i'm happy to continue uh to help uh however possible um on any front related to the la rebuild

Sen. Padilla (CA)1:10:57 – 1:11:53

ok i appreciate that uh now turning to another issue of concern of delays i wanna ask for your assistance in finalizing some long delayed whiffio loans for california water projects as you know whiffio was initiated in the first trump administration when it was thought to be better for taxpayers uh to support communities and projects in the form of loans as opposed to grants uh epa told at least three california applicants the city of hayward las virginas and valley water that their loans were on track for approval on specific dates between eight and twelve months ago and as they were approaching those very specific dates that they were given they were then notified that their applications were postponed indefinitely so happy to supply you the specifics behind those applications and those projects but uh can i count on you to help me get those loans finalized and done

Lee Zeldin (Witness)1:11:53 – 1:11:59

i i am happy to to check up on that i'll be in the office tomorrow and i'll uh ask our team what the status is

Sen. Padilla (CA)1:11:59 – 1:13:24

i appreciate that and uh in the in the last category uh in my couple of minutes left um as you know california is no stranger to polluted air uh i grew up with it in southern california and i know so i know it firsthand um state and local regulators have done everything they can to bring emissions down in every sector within their jurisdiction uh the largest area to tackle here are emission sources that are in federal jurisdiction uh so we've been working feverishly to try to get the federal government to do its job or conversely allow california to continue to push the envelope as we're able to do through the uh waivers granted by the clean air act uh authorities that the state of california had but no longer has because they were taking away by the republican majority in congress last uh year in response to this waiver being declared some sort of rule that could be overturned we can have this cra debate uh separately uh but what i wanna know is i guess the bigger picture just to set set the tone here when you came in you promised the cleanest air in history do you believe the air loss handles the air across the country is cleaner than when this administration started

Lee Zeldin (Witness)1:13:25 – 1:13:32

yes uh the i i've seen over the course of with the over the last few decades last couple of decades uh we have been projecting well

Sen. Padilla (CA)1:13:31 – 1:13:33

uh how about just this last year just this last year

Lee Zeldin (Witness)1:13:34 – 1:14:24

yeah primarily i would give credit to the advancing technology uh that we've seen across this country and and decisions that uh private actors uh have made uh we have also started approving state implementation plans that were very much backlogged as well and i believe that that's also part of that process uh i would point out i know this is a important issue with senator for senator kelly and for uh senator curtis but we took down the guidance on one seventy nine b on the international sources of air pollution so that we're not putting an area into nonattainment for sources that are outside of their jurisdiction california is another example where a lot of the air issues that you're experiencing there are actually coming from international sources another topic where even though there might be a conflict and disagreement um on other aspects and policy approaches uh it's another area we might be able to work together

Sen. Padilla (CA)1:14:24 – 1:15:00

no i i certainly hope so there's a whole playbook there electrification of our port infrastructure uh railroad infrastructure emerging locomotive technologies uh that we are happy to support the hydrogen hub in california the the federal government has defunded while there's been this ample push uh to the department of energy and department of interior on fossil fuel uh sources of electricity not the renewable sources that California has led on coupled with battery storage, improving resiliency, bringing down costs, reducing emissions, there's a lot more we can do. Uh, we need your support. Thank you, Mr. Madam Chair.

Sen. Capito (WV)1:15:00 – 1:15:01

Thank you, Senator Wicker.

Sen. Wicker (MS)1:15:02 – 1:16:23

Thank you. Thank you, Madam Chair. Uh, there are four things I want to mention just briefly, Mister Zeldin. Um, two by way of thanks. Thank you for EPA Region four's help with detection of TCE contamination. in the by hail yet area uh i mean in in uh in in the by hail yet area of of south mississippi uh also uh very much appreciate epa's work on uh jackson water the transfer of fifty four million dollars in the operation account was a critical step for something that has been going on for a long time uh also i wanna mention this uh and and you and i have a difference of opinion on this And, um, EPA last August issued decisions on small refinery exemptions, SREs, um, s- and some dating back to two thousand sixteen. Of course, you were not in office back then. Uh, granting some exemptions, some partial exemptions, and denying some. The statute says that EPA must act within ninety days on getting back with regard to SREs. Um, I I hope you can assure us that that going forward, you'll be making those, uh, decisions in a timely manner.

Lee Zeldin (Witness)1:16:24 – 1:17:04

Uh, uh, Senator, that that is, uh, so very important. As you just pointed out, uh, we inherited a backlog of a hundred and seventy-five, uh, small refinery exemption requests. So getting through all of them at once last August was a, a many month process that started, uh, actually, uh, the moment that we got in. Uh, there have been some new SRE requests that have come in since then, uh, that we're working through right now expeditiously. Uh, and we want to, uh, we're also starting to work on RF set three already. Uh, so as far as this whole program goes, uh, being able to to catch up, uh, and and and have certainty and reliability for you and for your constituents,

Sen. Wicker (MS)1:17:04 – 1:17:04

Very good.

Lee Zeldin (Witness)1:17:04 – 1:17:05

is an important goal.

Sen. Wicker (MS)1:17:05 – 1:18:16

And and and so I've got three minutes left. Um, let me just say I I wish that in this room we could acknowledge that there's room for honest disagreements uh of opinion on the science that we've been talking about today. Um, Senator Whitehouse and I have been friends for uh for s- uh almost two decades. And and there are there are people in this room that are so convinced of the accuracy of their point of view, that that they they somehow feel that if you disagree you're up to villainy. I wish we could get away from that. Um, uh, uh, I don't think it's helpful to say that the only reason a decision can be made is to help the president's rich friends or wealthy donors or fossil fuel polluters. And and and I at this point, I want to give you the next two minutes to say what you were trying to say um to a to a number of questions that you were not given time to respond to

Lee Zeldin (Witness)1:18:15 – 1:20:36

yeah no i appreciate that a lot senator and when predictions are made in the past uh science uh will have a range of the pessimistic to the optimistic and in order to justify for example the two thousand nine endangerment funding they were adopting the most pessimistic views of the science now when you get to twenty twenty six great news you're able to rely on present day facts in twenty twenty six rather than any bad assumptions from two thousand and nine and just because you take exception when a member of congress says in january of twenty nineteen in twelve years the world's about to end if we're sitting here today saying well gosh it's only four years and nine months left i don't think the world is about to end they want to vilify you as if you're you're denying science i mean i just saw a clip yesterday where al gore was uh was talking about global i'm i i i'm having trouble keeping up i thought it was global warming and now it's global freezing and i don't know what kind of a i don't know what kind of money is is made making money off of a climate grift well what won't get referenced by your colleagues on the opposite side of the aisle who bring up the greenhouse gas reduction fund is that the money was going to former obama and biden officials uh the money was going to democratic donors uh the the the conflicts of interest that we saw the uh amount of self-dealing the unqualified recipients a climate united fund ceo was a special assistant in the off in the omb during the obama-biden administration they received six point nine billion dollars if you could go down a list with that and today you could go through the coalition for green capital about a biden harris climate advisor serving on the board of the omb joining the board in twenty three while the organization was applying for ggrf uh power forward community ceo ceo of fanny may during the obama bide administration by the way if we had ten more minutes i could just go through conflicts of interest they're not offended by that so we we just wanna stick to the truth we wanna stick to the to to the science and if you don't agree with them you don't follow their logic well they'll wanna vilify you um but hey as long as we stay true to these facts It's good to, good to go, and I'm not gonna take morality lessons from people who join all, you know, all white country clubs.

Sen. Wicker (MS)1:20:36 – 1:20:37

Um, thank you, Madam Chair.

Sen. Capito (WV)1:20:38 – 1:20:40

Uh, Senator Blum.

Sen. Blunt Rochester (DE)1:20:41 – 1:21:19

Thank you, Madam Chairwoman and Ranking Member. Uh, I also wanna thank Senator Kelly for giving me the time. And, uh, thank you, Mister Administrator, for being here as well. Almost twelve thousand schools in the United States are within one mile chemical facilities and one in three children go to a school in a chemical zone could you talk to us a little bit about uh what you've done over the past year um to address this issue and what you're proposing in this year your your proposed budget to protect children

Lee Zeldin (Witness)1:21:19 – 1:22:07

well it's a really important topic that uh it has to be considered uh as a factor uh when making decisions there in front of the agency that there uh there are there might be a chemical plant that might have uh some level of fence line emissions and you you have to get the data on that fence line emission you have to analyze that as far as exposure level you have to look at what exposure level to that chemical ends up causing adverse health impacts you have to look at that unreasonable uh risk uh to workers to as you're pointing out the general population to the environment And then you have to make a decision based on the science, best on best available science, uh, and do a complete risk assessment, which is a, uh, a four-step process.

Sen. Blunt Rochester (DE)1:22:08 – 1:23:19

Uh, I'm glad you mentioned fence line communities, um, because this, I think we maybe had this conversation even in my office, uh, a year ago. And I'm really concerned that the data is the point that you mentioned is really necessary. I know that, um, it's my understanding that the EPA has proposed a rollback of twenty twenty four safer communities by chemical accident prevention rule which would undercut the risk management practices that make it easier for the public to find out information about chemical facilities in their communities um it's it's my understanding as well there was a website uh one of your websites the r r and p website and it had uh a part of the page that said how to access risk management plan information really just a way for people to get information. But right now, um, it says the page is being updated. And it's, it's been that way for a while. So, I'm not sure if you're familiar with that particular page, but if not today, will you please, uh, provide us an update on the page when you think the page would be back up and running, and how to make sure that these communities can get information.

Lee Zeldin (Witness)1:23:21 – 1:23:24

I'm happy to, uh, check on the status of that web page, and we'll get right back to you.

Sen. Blunt Rochester (DE)1:23:24 – 1:24:58

OK, thank you. Um, I also believe that it is critical, um, that Americans have this information, that they know the risks, that they know the steps to take to protect themselves. And, and that's why there's a kind of a a disconnect, so to the extent that we can I know we talk a lot about transparency, to the extent that folks can have access to that information, I think it would be a good thing. Um, I also wanted to, um, tack on to, uh, the uh, Chairman Capito's remarks about, uh, drinking water. Um, just this week I had to op- the opportunity to meet with county executives, county council people in my state, and there was a lot of concern that the president's budget eliminates nearly all funding for the clean water and drinking water state revolving funds, uh, the primary source of water infrastructure funding in our country. And your agency estimates a funding gap of six hundred and twenty five billion dollars over the next two decades for drinking water infrastructure alone. Waste water adds another two hundred and seventy-one billion dollars. And in my small state we could lose ninety million dollars in cuts to SRFs. Um, states really can't afford this, that that's what they shared with us, and especially when we're talking about rising costs, whether for food or gas or anything else, we people can't afford one more higher bill. So, um, I would love to ask uh for your commitment to working with us to support our state revolving funds

Lee Zeldin (Witness)1:24:58 – 1:25:24

yes absolutely and we'll make sure that um that we're able to work closely with each of you this includes by the way your congressionally directed spending uh without a pining on the merits of any of these individual uh request that you make um i will just say that that is the main reason why it hasn't been as revolving as maybe originally intended Um, but that's something that it's very important for us to be able to engage with your office on as far as getting that money up.

Sen. Blunt Rochester (DE)1:25:25 – 1:25:51

Yeah, I think, um, you brought up the the, um, congressionally directed spending. I think the good thing about that, I, it happened while I was in the house and I think you were in the house at the same time. That was bipartisan. It was a bipartisan decision. We are all, uh, making sure that our constituents get the support they need. But this revolving fund, um, according to the folks in my state and my counties, is crucial. So, looking forward to working with you. I yield back.

Sen. Capito (WV)1:25:51 – 1:25:52

Thank you. Senator Husted.

Sen. Husted (OH)1:25:53 – 1:28:00

Thank you, Madam Chairman. Um. Mr. Zeldin, I wanted to uh first of all thank you and your team for the work that you've continued to do in East Palestine to help the folks there who are, you know, still monitoring the situation from the train derailment and uh you and your team have been fantastic and so I wanna thank you and make sure the people there know that they haven't been forgotten. uh i i also um love the conversation that we have cause we've we've we've we've heard a lot in this committee about energy prices and uh from my economics background i believe that supply and demand really is what drives prices more than anything if you have high demand and low supply what's gonna happen to the price it's gonna go up and um uh i also have always been somebody who's believed in all of the above strategy on energy if the if if in rhode island windmills make sense great uh i know that when i talked with our grid operator in ohio about solar in january they said there are some days that it doesn't create anything there's no energy that comes from it which means that you can't take days off so you have to build all of that additional infrastructure to be ready on the coldest day of the year when the sun's not shining. And that's a fixed cost, that whether you have solar or not, you still have to pay for all of that. The the rate payers have to pay for all of it. And um so we need, as I understand, more generation to meet supply and demand, more transmission lines, um gas pipelines, everyth- everything, all of this infrastructure that we all could do as Congress to make it easier, to drive down the prices, make sure people have the kind of energy mix that they want, but we've made it harder because we haven't gotten permitting reform done yet. How important do you believe permitting reform would be to achieving all the goals of the members of this committee?

Lee Zeldin (Witness)1:28:00 – 1:28:42

I think it's a a a very big opportunity, uh, to modernize the Clean Air Act, uh, the, there's opportunities to clean water act with NEPA, and more. And I I think that that one way to approach negotiations would be to pursue a bill that results in a permitting process that takes less time, costs less money, and has more certainty. And it's very easy to make a good bill bad by injecting one idea that compromises any of those three. We have no shortage of ideas. Uh, we'd love to be able to to work with uh this committee in that process. Uh, there's a big opportunity permitting reform and the senate epw committee can uh absolutely lead the way and i know how important this is to your chairman.

Sen. Husted (OH)1:28:43 – 1:29:35

yeah well i i was uh taking a look at ohio's uh electricity supply the other day and i saw that during during the years of two thousand during the obama administration during the biden administration uh we're a state that uses eighteen gigawatts of power a day uh you know it's like peak demand and and eleven gigawatts power were taken off of shut down during that time period. I mean, talk about creating a supply and demand problem. And I know that we, you know, collectively as a nation aspire to, uh, you know, lower carbon energy outputs to - to deliver affordable, reliable electricity. But nuclear, how, you know, as we're looking to say, hey, we wanna - we wanna look at nuclear to replace some of these base load operations, how important is permitting reform to getting that accomplished

Lee Zeldin (Witness)1:29:35 – 1:29:43

it's uh it's extremely important i understand you know ohio uh is no stranger to to nuclear as i had those opportunities

Sen. Husted (OH)1:29:42 – 1:29:50

yeah we have we have operations enriching uh you know uranium building small modular nuclear reactors

Lee Zeldin (Witness)1:29:50 – 1:30:45

uh we we had a request that came in to us to build a small modular reactor in tennessee that came to us november twenty fourth And we completed the process on December first. Now, to buy an EPA, that might have taken three years. At the Trump EPA, it took eight days. Uh, the, we have the power to really slow things down, we also have the power to speed things up. And not to, not to be biased, but there's been a whole lot of, you heard a little bit from Senator Padilla as far as our, uh, our, our travels and efforts inside of California, the amount of work, uh, wi- with, uh, Senator Kelly and and the and the congressional delegation in arizona on non-attainment issues in maricopa uh and and elsewhere around the state there is a great opportunity for epa to be able to engage with members of this committee to be able to achieve uh important efficiencies that are available and that includes on the permitting reform front

Sen. Husted (OH)1:30:45 – 1:31:06

yeah well i just wanna conclude by just talking about how important this is because if we wanna do more made in america make more steel do more manufacturing we wanna lead in ai and the digital economy it's gonna require more electricity. And time, the clock's ticking, time is money, if we wanna really make things more affordable, we've gotta get this accomplished. Thank you for being here.

Sen. Capito (WV)1:31:08 – 1:31:08

Sarah Kelly.

Sen. Kelly (AZ)1:31:09 – 1:35:12

Thank you, Madam Chair. Administrator Zeldin, thanks for being here. I wanna discuss uh rules that limit hazardous air pollution. During your confirmation hearing you said that the EPA's mission is, and this is a quote, simple but essential, to protect human health and the environment." Now, there can be times, and we discussed this in Phoenix, you just mentioned non-attainment, when the rules in science a little bit uncertain, and the rule book says some action needs to be taken that may not make sense. I agree. But that's a rare exception. Sometimes the answer is pretty clear-cut. Take what's happening in the town of Miami. arizona it's a small mining town about ninety miles east of phoenix freeport macmorand the mining company operates a smelter there and this smelter emits twelve tons of lead and three tons of arsenic into the surrounding community every year that smelter is located about a mile from an elementary school and it's less than a half a mile from a church and a residential neighborhood here you can see the elementary school the swing that's the smelter in the upper left-hand corner and we know what lead does to kids and mister zeldin i imagine you would not want your kids attending that school i wouldn't want mine there or going to that church accordingly under epa s national emission standards the facility was required to install a pollution controlled device called a bag house and that would reduce toxic lead and arsenic emissions. It's basically just a big vacuum cleaner bag that would cost the mining company, Freeport-McMoran, about sixty million dollars to install, one time cost. And that's for a company that had a net profit of two point seven billion dollars last year so sixty million not a drop in the bucket. It's just common sense. nobody wants their kids breathing in lead and arsenic pollution. I don't think anybody in here would want that. I don't see anybody raising their hands. But Freeport, they don't have to install this bag house. Because last fall the company requested and received a presidential exemption from these requirements through a new process that was set up by your EPA where a company could just email your staff and request an exemption. No public process, no one asking the opinions of the parents whose kids go to that school, who are breathing in that pollution every day. And section one twelve of the Clean Air Act says that waivers can only be granted if, and this is a quote, the technology to implement such standards is not available and it is in the national security interests of the United States to do so. It's not an either-or. technology not available, national security interests, it has to be both. So to this, to the to the first requirement, the air pollution control technology clearly exists and has been used for decades, including at the other smelter still operating in the United States. It's in Utah. To the second requirement, somebody could argue the national security connection. And till you consider that we're talking about here is installing a routine pollution control device that keeps kids from breathing in lead. That's exactly what environmental protections are designed to do. So, Administrator Zeldin, given this waiver fails both of the tests that are laid out in the law, and more importantly fails the basic duty to protect human health, how is that legal?

Lee Zeldin (Witness)1:35:13 – 1:35:58

uh first off with regards to uh section one twelve presidential exemptions uh as i'm sure you're well aware presidential exemptions are made by the president uh our role is to accept the submission and transmit it to the white house uh that was the extent of our role consistent with the statute uh the white house has publicly posted the proclamations and annexes listing the sources that received the exemptions including the actions on april eighth july seventeenth october twenty fourth and november twenty first to twenty five on the bigger topic of lead uh it's a an extraordinarily important topic as it relates to children's health as it uh lead in in drinking water on land uh and and much more and uh the agency takes it extraordinarily seriously and there is a lot of accomplishments that we're proud of

Sen. Kelly (AZ)1:35:55 – 1:37:02

but well i think well here's the thing though your agency created a website specifically to invite companies to fast-track waiver requests And a FOIA request shows that the company spoke with your staff to coordinate this request. This wasn't just like something for the pres- that the president did. Your EPA may not be granting the exemptions, but you went through great lengths to make sure that that was facilitated. So, I mean, it's this is a mile away from a school. This thing is spewing out twelve tons of lead every single year. The bag costs sixty million dollars. Mister Zeldin, can I get a commitment from you to fix this? Can you go to the president and say, hey, we made a mistake. I mean, this, this was not Companies have responsibilities in these communities. Can I get a commitment from you to work with my office, work with the president, to undo this?

Lee Zeldin (Witness)1:37:03 – 1:37:13

Just for my my own background, because this is the first time we're talking about it, Do you know if anyone from your team has raised this to ours before now? Or is this the first time that we're engaging on this topic?

Sen. Kelly (AZ)1:37:14 – 1:37:15

Well, it's the first time we are engaging,

Lee Zeldin (Witness)1:37:15 – 1:37:16

Well, we are.

Sen. Kelly (AZ)1:37:16 – 1:37:17

and we've engaged in other topics.

Lee Zeldin (Witness)1:37:17 – 1:37:18

Plenty of topics.

Sen. Kelly (AZ)1:37:18 – 1:37:21

This is a serious issue for the community in Miami.

Lee Zeldin (Witness)1:37:20 – 1:37:27

I I I hope that um, at this point, after all of the many other topics that you've engaged us with,

Sen. Kelly (AZ)1:37:26 – 1:37:27

Mm-hmm.

Lee Zeldin (Witness)1:37:27 – 1:37:45

that we've been able to uh very successfully work together on. I'll just I'll just tell you my role has been on these exemptions to receive and transmit, uh, pursuant to the statute, if there's something specific beyond that, uh, you know, it's, it merits a follow-up conversation, but, uh, it's not familiar that,

Sen. Kelly (AZ)1:37:44 – 1:37:45

It was,

Lee Zeldin (Witness)1:37:45 – 1:37:45

that,

Sen. Kelly (AZ)1:37:45 – 1:37:45

it wasn't,

Lee Zeldin (Witness)1:37:45 – 1:37:47

I'm not aware of you guys' reach out.

Sen. Kelly (AZ)1:37:46 – 1:37:56

from what we know, it wasn't just receive. The website was set up. There was coordination with your staff. You, you provide no recommendation to the White House on this at all?

Lee Zeldin (Witness)1:37:56 – 1:37:59

I transmit and submit. I, I receive and transmit.

Sen. Kelly (AZ)1:37:57 – 1:38:02

That's it. But your job is to look out for the health of the American people.

Lee Zeldin (Witness)1:38:02 – 1:38:03

Just follow the statute.

Sen. Kelly (AZ)1:38:04 – 1:38:19

But how about the kids that go to that school, and people that go to that church? I mean, I, I would love to have an opportunity to try to solve this problem. It's sixty million dollars to a company that made two point seven billion. This administ- and I'm not saying you specifically.

Lee Zeldin (Witness)1:38:17 – 1:38:18

I honestly

Sen. Kelly (AZ)1:38:19 – 1:38:27

I'm saying this administration, the White House, put the profits of that company over the health of those children.

Lee Zeldin (Witness)1:38:27 – 1:38:33

The onl- the only issue is, as I sit here, I'd, I w- I don't have the, uh, I would like to have the information about

Sen. Kelly (AZ)1:38:32 – 1:38:33

OK.

Lee Zeldin (Witness)1:38:33 – 1:38:36

the company and the technology and the emissions that you're talking about,

Sen. Kelly (AZ)1:38:34 – 1:38:35

We will we will get it to you.

Lee Zeldin (Witness)1:38:36 – 1:38:40

cuz i'd i'm not as i sit here it's the first time that anyone has raised it,

Sen. Kelly (AZ)1:38:39 – 1:38:42

OK. We will we will get you all the information.

Lee Zeldin (Witness)1:38:40 – 1:38:41

but i'm happy to follow.

Sen. Kelly (AZ)1:38:42 – 1:38:42

Thank you.

Sen. Ricketts (NE)1:38:46 – 1:41:24

Uh, thank you, Chairman. I'm sorry the uh ranking member is here because uh I'd like to uh but cuz we're talk a little bit about some of the stuff. Uh, Administrator Zelen, thank you very much for being here, really appreciate uh the good work you've been doing. You and your team have got some great things to recognize, so uh really appreciate what you've done in the first year as the chairman no i love this committee cause we could talk about biofuels and we're going to do that in a moment but i also want a chance to talk a little bit about my homestay nebraska and power generation cause the ranking member was making a big deal about nine cents a kilowatt hour for the renewables that he was referencing uh gerald gentleman plant in nebraska is a coal burning plant and it generates electricity for three cents an hour so by his logic we should be using coal plants all over the place uh to be able to generate because if you're just gonna take the cost of kilowatt hour, nine versus three, three is a third of nine. So it's much less expensive. And I would also point out that Nebraska according to the EPA is uh you acknowledge that uh we are maintaining the national ambient air quality standards. So Nebraska's got clean air. Um One of the other ways we can help clean up the air is with biofuels. Oh, and by the way, I also we're not like all, like we're uh all of the above as I think it was um uh Senator Huston uh referenced. We're all of the above. We actually, about thirty percent of our electricity comes from renewable sources, which is much higher than just about any state on the east coast, including Rhode Island. Rhode Island I think is about twelve percent. So, we're all of the above state. But let's talk about biofuels for a moment because that is uh something that I care about as well. uh we've talked about a lot under your leadership the epa has a lot uh done a lot for biofuels and we have a lot of biofuel wins from your agency as you've moved to finish some of these things across the line i commend the epa for your historic twenty twenty six and twenty twenty seven rvos and for putting forward the highest biomass diesel volumes the program has ever seen second thank you for issuing temporary the temporary emergency waiver to allow for the sale of e fifteen all year round and your support for that is um evident we appreciate everything you've done to reduce the cost of living uh including actions to allow cheaper e ten and e fifteen the last time i filled up the pump with a e ten blend i was saving about forty five cents a gallon so administrator zeldem as we work to expand access uh to more affordable options at the pump is there anything that is holding up ensuring that these types of actions are realized for all americans

Lee Zeldin (Witness)1:41:26 – 1:42:33

the uh the reality the back story of uh and i appreciate everything you just said as far as the actions that we've taken uh i understand how very disproportionate uh your time and effort i know you you don't have uh any regret about spending so much time advocating to epa uh you're doing that on behalf of your constituents uh it would be easier it would be easier for you to advocate for other things if you didn't have to be advocating all year long to epa to get all these different approvals and i know that i mean this is a a congressional process uh there are conversations that are going on um but we have said yes uh along the way with all these requests that have come in we inherited that blown deadline on rvos we blown we we inherited the uh the backlog on sres we finished uh rfs set two we moved on to rfs set three uh the problem is is that all year long you have to keep coming to us and asking for that next approval Uh, I would love, uh, to be able to get to a new, uh, reality where you wouldn't have to spend that time, uh, making that, uh, those, those asks which you do so passionately for your constituents.

Sen. Ricketts (NE)1:42:34 – 1:43:46

Yeah, so would I. Well, you know, after years of inserting, it's encouraging to see the administration that, uh, that you understand what the RFS was designed to support, which is rural economy and support American manufacturing and strengthen American energy dominance. In Nebraska, we've seen this investment firsthand. My home state is um, got two new soybean processing plants, uh, two of the newest in the nation, helping provide stable markets for Nebraska and neighboring state soybean farmers, and very important at a time when commodity prices are low. Um, this strengthens and anchors Nebraska's communities. It supports good jobs and, uh, the farmers who are the backbone of rural America. In addition to supporting our farmers, your support for the import, uh, rent reduction reflects a policy that prioritizes domestic feedstocks, The commitment to implement this reduction beginning in twenty twenty eight is a long overdue correction that will help ensure program the program rewards American farmers as Congress intended and will also limit the ability of foreign governments to use our farmers as leverage for political gain. Now we're looking to for at the next set of RVOs in twenty twenty eight. Administrator Zeldin, can we expect the twenty twenty eight RVOs to be finalized by November first according to the statutory deadline?

Lee Zeldin (Witness)1:43:47 – 1:43:49

Uh, I would absolutely love for that to happen. W-

Sen. Ricketts (NE)1:44:14 – 1:44:18

well i know that again you mentioned already that you had to clear the backlog from the biden administration which was

Lee Zeldin (Witness)1:44:15 – 1:44:16

yeah

Sen. Ricketts (NE)1:44:19 – 1:44:28

like a year late in putting out these RVOs. So I appreciate that you've got a lot of work to do to catch up, but I strongly encourage you to hit the November first deadline. Thank you, Madam Chair.

Sen. Capito (WV)1:44:28 – 1:44:29

Thank you, Senator Markey.

Sen. Markey (MA)1:44:30 – 1:45:32

Uh, thank you, Madam Chair. Uh, thanks to uh Trump's war on Iran, gasoline prices have shot up by a buck twenty per gallon and are now about four dollars and twenty cents a gallon nationwide. That's more than six hundred dollars a year. for an average american driver drivers are feeling trump at the pump everyday and that feeling is going to be supercharged by your evisceration of the vehicle greenhouse gas emission standards now i'm not gonna fight with you today about whether this rollback is legal i don't think it is these standards are based on the endangerment finding which states that the scientific fact that greenhouse gases cause climate change which endangers our health Uh, and the Supreme Court in Massachusetts versus EPA found that greenhouse gases, uh, air pollutants and EPA should regulate their dangers through the Clean Air Act of Power. You agreed with, you agreed with when you were a member of Congress in twenty nineteen.

Sen. Capito (WV)1:45:32 – 1:45:33

No, that's not what I said.

Sen. Markey (MA)1:45:33 – 1:46:50

You voted against any effort to defund enforcement of the endangerment finding. But as EPA Administrator, you said last year that you were, quote, " driving a dagger into the heart." of the climate change religion, a very movie villain way of announcing the foregone conclusion of the endangerment finding review before it was even finished. The only thing that's been changing faster than our climate is your position on it. And I'm also, uh, not gonna fight with you today about whether the vehicle standards rollback will increase harms from air pollution and climate change because it will. I'm going to call out the sales fraud that the EPA is committing against the American people by hiding the fact that this rollback is going to hike up costs for drivers, and it's your own regulatory analysis found this rollback is gonna increase costs by one hundred and eighty billion dollars based on projections for future fuel costs that don't even account for Trump's new war on iran tax at the pump with this dramatic buck twenty a gallon difference and that's what and that's without even

Lee Zeldin (Witness)1:46:46 – 1:46:49

are you gonna talk about all the other models that have different numbers

Sen. Markey (MA)1:46:50 – 1:48:26

calculating a penny for health or environment cost to americans so when americans hear you talking about trillions in savings and wonder why they still can't pay the bills why it's more expensive to fill up their tank oh why they're spending more on inhalers and home risk insurance it's because when the math really gets added up The cost of these climate and environmental rollbacks comes out of their pockets at the kitchen table. And I'm gonna talk a little bit about health care costs as well. Because when analyzing the standards for dangerous air pollution, the EPA now assigns no value to American lives that would be saved by protection action. Now, you tweeted that this was, quote, " fake news". But an EPA spokesperson actually confirmed saying that the agency is quote " not monetizing" the impacts on health. This isn't rhetoric. American lives have become literally worthless, a value of zero in the eyes of your EPA. And similarly, on Monday you said that the health impacts of the EPA's repeal on mercury and toxic air pollution quote " could be zero". Well, again, the epa s own analysis from february said that the rollback means more mercury more arsenic lead heavy metals and soot will get into our hand uh into our air into our lungs that's epa s conclusion

Lee Zeldin (Witness)1:48:26 – 1:48:27

yeah how much do you think it says that

Sen. Markey (MA)1:48:26 – 1:48:33

the health impacts the health impacts could be zero if you assign no value to american lives

Lee Zeldin (Witness)1:48:29 – 1:48:30

wanna talk about it

Sen. Markey (MA)1:48:34 – 1:49:30

but i think any worried mom more concerned American would rightfully question whether more mercury, arsenic and soot in the air could have zero health impacts for their children. So look at who gets counted as valuable by your EPA, Trump's EPA. It's not the kids with asthma. It's not the grandparents with heart disease. But it's big polluters uh whose costs get counted in your equation not working americans not vulnerable families those are the ones who are gonna be paying the price for this dagger this knife that you're bringing to the heart of the protections uh which have been in place for a generation for our americas yeah there's a price it's gonna be paid and it's gonna be paid for by the health of every family in our country thank you very much

Lee Zeldin (Witness)1:49:29 – 1:49:31

philip bustering himself

Sen. Capito (WV)1:49:32 – 1:49:33

senator sullivan

Sen. Sullivan (AK)1:49:34 – 1:50:08

thank you madam chair and uh administrator zeldin i just wanna thank you for i think you're doing a great job and uh number one you're showing respect to my constituents the people that live in alaska and uh i'm gonna get into that on a whole host issues first by showing up remember you uh during your confirmation hearing you said you said you're gonna come to alaska number of times not just in july but you wanna come when it's cold and dark as possible And you were in Fairbanks, Alaska in February, and I think it was thirty below zero, and it's dark. Um, so.

Lee Zeldin (Witness)1:50:07 – 1:50:09

My toes are just starting to thaw out.

Sen. Sullivan (AK)1:50:09 – 1:50:19

So thank you for that. Um, and thank you for, um, listening to my constituents. You know, uh, Emma Polkin is doing a great job at Region ten.

Sen. Capito (WV)1:50:18 – 1:50:19

He is.

Sen. Sullivan (AK)1:50:19 – 1:53:03

So thank you for, uh, hiring her. This, of course, I've shown this many times. Uh, the previous administration didn't listen to my constituents. That's the last frontier lock-up. What is that? Next slide there. That's the seventy executive orders, seven zero, from the Biden administration singularly and exclusively focused on Alaska. We didn't ask for them, we didn't want them, and um you're helping get us out from underneath that. Why does that matter? Let me get the next slide. I'm not sure that's gonna fit. So I've shown this before too. You know, Senator Markey's talking about life. Uh, this is really important to me. Uh, all my colleagues in the biden administration they wanna shutdown the economy of alaska resource development in alaska uh they they forget about this chart in in a quick nutshell you've seen it before mister administrator but i i it's really important to show it when people have the ability to have a strong economy to develop their resources um responsibly as they have on the north slope of alaska in the northwest uh part uh northwest Borough in Alaska, not on the Aleutian island chain. They live longer, a lot longer. My constituents from nineteen eighty to twenty fourteen, life expectancy went up almost by thirteen years, nothing more important than that. And uh, so when you're out there and you're seeing it, the work you're doing, um, it actually helps save lives. So I appreciate it. And um, that's what's happening in my state. So, just last weekend I was in Wasilla, Alaska visiting a veteran owned diesel mechanic shop that was raided SWAT style, thirty EPA agents by the Biden administration with this young man, um, who's now a convicted felon, not cuz he put anyone at risk, because he was keeping essential diesel vehicles running in the unforgiving cold conditions of my state. We had a hearing here, thank you Madam Chair for that hearing on my bill, relating to this, but you've already taken administrative action, uh, Mister Administrator, on this death issue where essentially an Obama administration regulation shuts down diesel engines at twelve degrees, which is a balmy day in Alaska. Um, the hearing was very powerful because it showed the giant risk to lives and safety because of that can you give me an update on where you are on that important issue i know you heard about it in fairbanks uh but it's not just an alaska issue it's any place that's got cold weather

Lee Zeldin (Witness)1:53:03 – 1:53:44

absolutely last august at the iowa state fair along with uh small business administrator kelly loeffler and uh secretary rollins senator ernst uh we announced a significant reversal of the derailments through new epa guidance in february uh we sent out demand letter for information to fourteen engine manufacturers on their warranty data so that we can rely upon that information for future decisions. We also issued outright repair guidance so that farmers and others can uh be repairing their own farm equipment, that's part of this package of deaf actions. Uh the president recently announced uh new actions on deaf, EPA guidance uh got rid of the deaf sensors, no longer required.

Sen. Sullivan (AK)1:53:43 – 1:53:43

Good.

Lee Zeldin (Witness)1:53:44 – 1:54:19

And now we're moving on to our twenty twenty seven NOx proposal which, as of now, we are intending to propose to completely eliminate all derailments uh we heard from the haul truckers of alaska uh we're considering their feedback uh not just with diesel exhaust fluid but specifically uh with the filters uh their insight has been uh incredible your staff was with us in fairbanks um while you're you're doing your your job uh and it was a a very good visit we will not forget the haul truckers we will not forget how important this issue is in alaska and quite frankly i'm sure you wouldn't let us forget

Sen. Sullivan (AK)1:54:20 – 1:55:16

Thank you, and I appreciate that, and uh I'll tell you, you got truckers, but ambulance drivers, uh firefighters in Fairbanks, they wrote a letter uh as part of our our testimony. Um another quick issue that, so you're listening, and we appreciate that uh, Mister Administrator. Um I wanna just very quickly uh the WOTUS rule as it relates to clear, predictable boundaries for landowners. project developers, uh, partic- particularly in my state, as you know, um, uh, over half of all wetlands in America are located in Alaska. But I know you've worked to clarify that, partic- particularly as it relates to permafrost, which is a big issue. Is that something, uh, you're gonna finalize soon? And again, thank you for listening to the unique aspects of Alaskans, uh, who have big challenges with that rule.

Lee Zeldin (Witness)1:55:17 – 1:55:34

Uh, Senator, we we heard you loud and clear, heard from other Alaskans loud and clear. It's been a great to see permafrost, uh, not just in June but also in the middle of the winter. Uh, we're definitely taking your advocacy strongly into consideration, reviewing the public comments and preparing a final decision.

Sen. Schiff (CA)1:55:34 – 1:55:35

Good. Thank you very much.

Sen. Capito (WV)1:55:36 – 1:55:37

Thank you, Senator Schiff.

Sen. Schiff (CA)1:55:38 – 1:56:37

Uh, thank you, Madam Chair. Uh, Mr. Zeldin, uh, you came out to, uh, Southern California uh to observe the tijuana river crisis i appreciate that uh i had an early meeting with commissioner chad macintosh and he was hopeful that we might achieve uh the goal of fifty million gallons a day expansion for the south bay treatment plant by twenty twenty seven which was an accelerated timetable which made uh californians very uh encouraged uh but i read an article recently in the coronado news that stated that the IBWC recently told the San Diego Regional Water Quality Control Board the timeline for achieving that fifty million gallons a day expansion may slip from twenty twenty-seven now to twenty-thirty. Uh, the administration uh had also said it would achieve an additional expansion to seventy-five million gallons by twenty-thirty-one. I wanted to ask if you're aware of this slippage. Is that accurate?

Lee Zeldin (Witness)1:56:37 – 1:56:38

It's not accurate.

Sen. Schiff (CA)1:56:37 – 1:56:38

Is it

Lee Zeldin (Witness)1:56:38 – 1:56:58

I'm aware of the story, uh, and I saw it i asked the questions um before today and uh they are committed to uh slashing that that time line i was told uh rather um confidently that uh that that was not accurate when that uh one staffer said twenty thirty

Sen. Schiff (CA)1:56:59 – 1:57:02

uh so you think we could still meet the twenty twenty seven goal

Lee Zeldin (Witness)1:57:02 – 1:57:52

uh that is what i am being told um i'm going to make sure that we're staying on top of it um but um the question i asked about the twenty thirty uh was strong push back that that was not accurate uh and as far as whatever is needed from epa whatever might be need to be communicated to congress uh or elsewhere inside of the executive branch um we want to make sure that that big project is done that now as you're well aware uh last summer we expedited the two year timeline to get the expansion of thirty five done in a hundred days. Uh, and that was great that we were able to ramp it up to thirty-five as quickly as we can. Getting this next part done is going to be important in order to achieve a permanent, uh, solution, a one hundred percent solution to the Tijuana River sewage crisis.

Sen. Schiff (CA)1:57:53 – 1:58:17

Uh, do you think there's a, an opportunity, um, ahead of us that we can use the July twenty twenty-five MOU that you negotiated with Mexico and the minute th- three thirty-three agreement. Is there an opportunity with us m c a to get any further guarantees or put in any further safeguards to make sure that mexico expends the resources it is committed to to addressing it's part of this problem

Lee Zeldin (Witness)1:58:17 – 1:59:32

so this is a really important point uh that i've been asked in beginning my first trip to the san diego area as administrator was april of last year mou was agreed in july the minute was agreed this past december since the mou was signed and especially since the minute was uh was signed we have been tracking every mexico side Obligation project they have been uh spending the they've been obligating the money that they said they were gonna obligate on time and they're doing the projects. That they said that they were going to do on time we are staying on top of it daily. Uh and i have not a single. Uh blown deadline to report so i i was i have been asked the whole time like about the the stick. Because the way i was communicating the entire time sounded a lot like a carol like we wanna work with mexico to get this resolved. And Mexico, the Scheinbaum administration, and Alicia Barsena was communicating their interest in making it their top priority. And there was their first agreement between the Scheinbaum administration after President Trump was sworn back in. Um, but as long as they're meeting those obligations, I, I don't want to communicate that we need an additional stick. However, what you are referencing as it relates to future negotiations, uh, I am very confident that at any point if there is a slippage, that other options will be considered.

Sen. Schiff (CA)1:59:33 – 2:00:55

Well, I appreciate that. Uh, thanks for, uh, any effort you can make to try to keep us on track, uh, with a problem that's gone on way too long. Let me turn to a different subject matter. Um, Administrator, when you testified before the committee last year, as well as in your written responses, uh, you were adamant that EPA conducted a, quote, " individualized review" of every single one of the hundreds of grants that EPA canceled. Um, a great many were in California, but a great many were in other states as well. Uh, you told the committee in response to Senator Whitehouse's questioning, I conducted an individual review of everything. You told the House Energy and Commerce Committee, quote, " I was the one who made the decision. I made the decision after doing an individual review of every grant specifically." Uh, and I sent a question for the record in which you responded, EPA terminated grants on an individualized basis. So my question is, these grant cancellations are being challenged in court. um recently judge richard Gergel of the us district court in the district of south carolina ruled that epa likely violated the administration administrative procedures act because epa quote "failed to produce a single document showing any individualized review of plaintiffs grants." so my question is do you stand by your testimony that you did an individualized review of all of the grants

Lee Zeldin (Witness)2:00:55 – 2:01:38

that thousand percent and actually on these the litigation while i'm not allowed to talk about individual litigation when i can reference is uh because senator whitehouse pointed to it when we were here last year there are declarations that were submitted now senator whitehouse only pointed to one declaration of one case with uh while ignoring the other declarations of that case as well as all the other declarations of all the other cases i would point you to the declaration submitted by career staffers who are involved in the individualized review the other staffers of uh the other declarations of political appointees who who were part of a process for individualized reviews. Every single grant went through an individ- individualized review. I, I, I was reviewing a sheet that had everything,

Sen. Schiff (CA)2:01:35 – 2:01:36

If, if I, if I could

Lee Zeldin (Witness)2:01:38 – 2:01:41

uh, individualized on it when making those decisions.

Sen. Schiff (CA)2:01:39 – 2:01:46

If, if, if, then why, was that sheet provided to the court? Why would the court find, if that was the case

Lee Zeldin (Witness)2:01:46 – 2:01:53

There are judges every single day across this country that, uh, that, that reach decisions that, uh, show that,

Sen. Schiff (CA)2:01:53 – 2:01:55

So, was this information provided to the court?

Lee Zeldin (Witness)2:01:54 – 2:01:59

uh, that there's a i i i i can't i can't speak to

Sen. Schiff (CA)2:01:58 – 2:02:00

well let me just ask this last question

Lee Zeldin (Witness)2:01:59 – 2:02:01

anything beyond the declarations however

Sen. Schiff (CA)2:02:01 – 2:02:06

will you will you will you will you provide that documentation to this committee showing the individualized review

Lee Zeldin (Witness)2:02:01 – 2:02:17

i would imagine it was sure it say yeah the document um uh if if it's not part of what was submitted to the uh to the court which i don't know why it would have been um

Sen. Schiff (CA)2:02:17 – 2:02:18

you'll submit it to the committee

Lee Zeldin (Witness)2:02:18 – 2:02:18

yeah

Sen. Schiff (CA)2:02:19 – 2:02:19

ok

Lee Zeldin (Witness)2:02:19 – 2:02:26

i'm i'm i'd be surprised i'm actually looking at something that was submitted to the court that looks uh pretty darn individualized.

Sen. Schiff (CA)2:02:27 – 2:02:30

Well, as long as you're committed to submitting it to this committee, uh I will yield back.

Lee Zeldin (Witness)2:02:30 – 2:02:32

Yeah, uh I I have it right here.

Sen. Schiff (CA)2:02:32 – 2:02:33

Okay. Uh, thank you.

Sen. Capito (WV)2:02:34 – 2:02:40

Senator Sullivan has asked, and I'm going to grant his request and give him another two and a half minutes for question.

Sen. Sullivan (AK)2:02:41 – 2:04:05

Thank you uh Madam Chair and uh Administrator. I wanna follow up on an issue you and I have talked about. It's a issue that I'm very passionate about. you've done a great job on this this is a it's your water and sewer uh for communities in alaska we still have over thirty communities in my state that don't have uh running water or flush toilets lot of people in america would be surprised by that are the richest country in the world and we have these communities you've seen a number of them by the way some of the most patriotic communities in the country because alaska natives serve at higher rates in the military than any other ethnic group in the country and yet uh we still have places in my state that people don't have basic running water that's one of the reasons why when there is development you see a great increase in life expectancy so can you commit to continue to work with me and this committee on drinking water in wastewater infrastructure programs particularly in rural alaska uh making that a top priority the epa does have some good programs sometimes they're a little bit uh encumbered in red tape to get the money out but uh i i'd i'd like to get your commitment to continue to work with me on that it's a very important issue for me

Lee Zeldin (Witness)2:04:05 – 2:04:39

absolutely uh senator uh the the the alaska rural native village infrastructure program awarded forty million fy twenty five to fourteen uh different projects uh serving seventeen hundred alaskan homes uh we anticipate thirty nine million for the program in fy twenty twenty six uh to be able to maintain the current level of wastewater and drinking water infrastructure and just this past friday uh we announced ninety million to strengthen water infrastructure for tribes and rural communities which will go to support small rural and tribal communities the communities that you have long championed

Sen. Sullivan (AK)2:04:39 – 2:07:06

great thank you that's a great answer and then finally somewhat related this is another issue we've worked on i think you've seen it first hand in alaska in nineteen seventy one congress passed the alaska native claimed settlement act what we call angsa which conveyed forty four million acres of land federal land uh it's the size of north dakota to um the alaska native people the largest land settlement probably certainly in america but in probably in the history of the world for native people to alaska native regional corporations and village corporations to settle the aboriginal land claims of the alaska native people very very historic very successful but um a lot of these lands over eleven hundred sites that were transferred by the federal government uh were polluted so the feds send the alaska native people here's your land Um, you owe it in fees simple, which is great. But a lot of it was contaminated. And, uh, we've worked hard on this committee in a bipartisan way. Believe it or not, certain EPAs, not you guys, then went to these Alaska Native corporations and said, hey, we're gonna sue you under CERCLA to clean up your land. And they were like, wait, you gave us the polluted land. So this committee fixed that. They're no longer liable under CERCLA. The fact that the EPA even contemplated them being liable under CERCLA was crazy. Um, I did notice that the um contaminated angsta lands assistance program in the president's budget this year was fully funded, so I wanna thank you on that, but conti- can you continue again to work with me and this committee on this issue which is, you know, a real injustice, right? Here's the land, Alaska Native people, oh by the way it's fully polluted, so you can't use it, and uh so we need the help with the feds, funding but creative ways that we've talked about maybe, you know, um, uh, mitigation banks and, uh, um, other approaches that could help bring the private sector in to help cleaning up these lands. But, uh, the land kind of sits unused, of course, cuz it's polluted. And that certainly wasn't the part of the bargain that the native people of Alaska thought they were getting when we passed this historic legislation in nineteen seventy-one.

Lee Zeldin (Witness)2:07:07 – 2:08:04

Yeah, Senator, uh, thank you for, uh, making sure that, uh, this always is a top priority for, uh, Region ten. Um, we are working with the Alaska Department of Environmental Conservation, plus ten Alaska Native entities on eleven projects, currently, uh, estimated to total twenty-four million in clean-up work. Uh, we're actively working on several projects for funding in twenty-twenty-six, as well as in twenty-twenty-seven, and we're continuing to streamline our process, uh, EPA as well as Alaska Department of Environmental Conservation, Alaska Native Tribal Health Consortium, and Alaska Native Village Corporation Association are continuing to provide support to Alaska Native entities through field work, site planning, and proposal development in total. We're aware of the approximately twelve hundred contaminated sites, uh, identified on lands conveyed, uh, through the federal government. Uh, and we look forward to continuing to work with you now and into the future on this.

Sen. Sullivan (AK)2:08:04 – 2:08:49

Great. Well, I appreciate the cooperation. As a matter of fact, I'm gonna be home in a couple of days. Saturday night is the big annual fundraiser for the Alaska Native Tribal Health Consortium. You just mentioned them. They do great work on this. They do great work on the, um, water and sewer issues we just talked about. So I'll pass on the greetings. But again, thank you for listening to my constituents. These are very unique challenges, but when the federal government's helping them, you get this, you get people who live longer, live longer. And uh, I asked my colleagues on the other side of the aisle, give me a policy indicator of success more important than the people you represent are living longer. And I think the answer is, there isn't one. That's more important than anything. And you're helping in that regard, so I appreciate it. Thank you, Madam Chair.

Sen. Capito (WV)2:08:50 – 2:09:36

Welcome. Thank you. Uh, well, thank you, Mister Administrator. There's no further questions. I would certainly like to thank you. uh for being here this afternoon and for your candid answers and very informative answers. And all of my colleagues who have since left us for their participation in today's hearing. Uh senators who wish to submit written questions for the record have until five PM on Wednesday, uh May thirteenth to do so. The witness responses to these questions are due back to this committee no later than five PM on Wednesday May twenty seventh and will be submitted for the record. Before the hearing adjourns I would like to um ask the administ the uh folks in the audience to uh remain seated until the administrator and his staff have exited the hearing room. I would certainly appreciate that cooperation. And with that, this hearing is adjourned. Thank you.

Morning digest

Start every morning briefed on yesterday’s hearings

A free weekday email covering yesterday’s hearings and transcripts newly unlocked in the archive.

Free weekday email. Unsubscribe anytime.