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Acting EPA Administrator Andrew Wheeler appeared before the Senate Environment and Public Works (EPW) Committee for his confirmation hearing January 16. Wheeler, who President Trump formally nominated on January 9 to lead the EPA on a permanent basis, has served as acting administrator since former administrator Scott Pruitt resigned last July.

Under questioning from senators on the panel, Wheeler discussed the status of various ongoing regulatory efforts including the Waters of the U.S. Rule (WOTUS), the agency’s Lead Action Plan, and per- and polyfluoroalkyl substances (PFAS). The agency has been working on a PFAS strategy since it concluded outreach activities last year. According to Wheeler, EPA had planned to release it this week, but due to the partial government shutdown it remains in interagency review. Senators from both parties asked for assurances from Wheeler that EPA would regulate PFAS via a federal standard, but Wheeler avoided making any commitments.

Wheeler’s written statement touted the strides the agency has made in implementing the Trump administration’s “regulatory reform agenda” stating, in 2018 “EPA finalized 13 major deregulatory actions, saving Americans roughly $1.8 billion in regulatory costs.” According to Wheeler, “EPA has finalized 33 major deregulatory actions saving Americans almost $2 billion” since President Trump took office.

Wheeler appeared before the committee in the midst of what ultimately would be a month-long government shutdown that paused the development of a number of EPA regulatory activities. At the time of his testimony, Wheeler said the agency was only working on court-mandated projects that were deemed “essential” and would therefore allow the agency to pull necessary staff back to work unpaid. Nevertheless, the shutdown could delay the timelines for a number of regulatory actions in development, such as a proposal for a perchlorate maximum contaminant level (MCL), which is under a consent decree to be completed by April 30. A standing order issued on December 27 extended deadlines by “a period of time equal to the number of calendar days between December 21, 2018, and the date the President signs into law a budget appropriation that restores Department of Justice funding” – which would give EPA another 35 days to propose the MCL.

The EPW Committee could vote on Wheeler’s nomination as early as February, and the GOP-led panel is expected to easily advance to consideration before the full Senate.