Federal Water Tap, February 17: House Republicans Move to Overturn Rules on Lead in Drinking Water

The Rundown

• EPA moves to weaken water-efficiency standards for appliances and faucets.
• Army Corps research center wants to investigate the use of insects to control a water-guzzling grass in southern California.
• Federal judge orders Trump’s foreign aid freeze unfrozen.
• Senate Democrats call attention to harm from federal funding suspension.
• Water bills in Congress would reauthorize Colorado River conservation and Great Lakes restoration programs, shield water utilities from PFAS liability, and overturn federal rules for lead in drinking water.
• SEC reconsiders rule ordering large businesses to disclose climate risks.
• Florida regulator is nominated to oversee the EPA Office of Water.

And lastly, Republicans from the western states set out their legislative priorities.

“We’re working all angles to promote Western energy dominance, and now we have the opportunity to do it in a way that we can prove we can use traditional sources of energy in a very responsible environmental manner.” – Sen. Cynthia Lummis (R-WY) speaking at a Western Caucus Foundation event to preview legislative priorities of the Senate Western Caucus, a group that represents western states. By “traditional” energy, Lummis means fossil fuels. The group’s priorities extend from public lands management and wildfire prevention to reforms of the Endangered Species Act and federal environmental reviews that would allow for more mining, drilling, and building.

By the Numbers

$396 Billion: Federal funding that is being illegally withheld, according to Senate Democrats, due to President Trump’s spending freeze. Those dollars are a conservative estimate, say Democrats on the Senate Appropriations Committee. They include hundreds of billions for pollution prevention, watershed restoration, flood mapping, infrastructure, and more.

Last week, Pennsylvania Gov. Josh Shapiro, a Democrat, sued the Trump administration for holding back funds that Congress appropriated and were designated for cleaning up abandoned mines, constructing water treatment systems for toxic runoff, and plugging old oil and gas wells.

News Briefs

Water-Efficiency Targeted
The EPA says it will weaken a voluntary national program to promote water-efficient appliances and faucets, arguing that Biden administration standards for the WaterSense labeling program “restrict consumer choice.”

The new EPA leadership under President Trump claims that WaterSense-labeled products “just don’t work well.” But besides the president, who frequently complains about weak flow from water-efficient showerheads, it is difficult to see who wants these changes.

The International Association of Plumbing and Mechanical Officials, in public comments submitted during the first Trump administration, argued against increasing the permissible flow rate for multi-nozzle showerheads. Doing so, the trade group asserted, would result in building plumbing systems being built too large, an outcome that could degrade water quality from the tap. The group also said a weakened efficiency standard could hurt the export of American-made plumbing products.

Water Bills in Congress

• The Colorado River Basin System Conservation Extension Act passed out of the House Natural Resources Committee. The bill reauthorizes, through 2027, a pilot program to pay water users to conserve water.
• New Mexico lawmakers introduced four bills to approve water rights settlements with seven tribes and pueblos in the state.
• Andrew Clyde (R-GA) introduced a bill to invalidate federal rules for lead in drinking water that were finalized by the Biden administration. The process for invalidating rules is the Congressional Review Act. It would take a vote from Congress and the president’s signature.
• The Water Systems PFAS Liability Protection Act would prevent water and wastewater treatment facilities from legal and financial responsibility for PFAS pollution. The bill, something the water utility industry has requested, was introduced last session without success.
• A bipartisan bill introduced in the Senate would reauthorize the Great Lakes Restoration Initiative, increasing the funding cap for the ecosystem cleanup program to $500 million annually. A companion bill has been introduced in the House.

Climate-Risk Disclosure
A year ago, the Biden administration finalized a rule that requires certain large businesses to disclose climate-related risks when filing federal financial reports.

The Securities and Exchange Commission, the agency in charge, was promptly sued. It delayed implementing the climate rule pending the outcome of the lawsuit, which is being heard in the Eighth Circuit.

Now Mark Uyeda, the acting SEC chairman, wants to reconsider the commission’s position of supporting the climate rule. In light of the change in administration, Uyeda asked the court not to schedule arguments in the case so that the commission could reevaluate.

“The Rule is deeply flawed and could inflict significant harm on the capital markets and our economy,” wrote Uyeda, who voted against adopting the rule last year.

Another commissioner, Caroline Crenshaw, filed a dissent condemning what she called Uyeda’s unilateral action.

Studies and Reports

Using Nature to Mess with Nature
The Army Corps research center is looking for partners to study the use of insects to control the growth of a water-guzzling riparian grass in southern California.

A non-native species, Giant cane is a 20-foot-tall plant that grows best near streams. Dense stands of giant cane not only slurp scarce water. They also clog waterways and increase flood risk.

Weed killers are effective but expensive. How about insects instead?

The Army Engineer and Research Development Center has a $395,000 grant opportunity to investigate the use of “biological controls” for giant cane. There are two options approved for use in California: the Arundo gall wasp and the Arundo armored scale.

The funding notice anticipates a five-year assessment. The application deadline is April 14.

On the Radar

USAID Funding
A federal judge suspended President Trump’s 90-day freeze on foreign aid, giving the administration until February 18 to file a status update, NPR reports. It is still unclear what effect the suspension will have on the ground after many programs laid off staff and contractors.

In context: USAID Shutdown Causes Global Alarm in International Water and Climate Programs

EPA Nominee
Jessica Kramer, the deputy secretary for regulatory programs at the Florida Department of Environmental Protection, has been nominated as the EPA assistant administrator for water.

Previously the water counsel for Sen. Shelley Moore Capito of West Virginia, Kramer was the top Republican staffer working on the water provisions in the Infrastructure Investment and Jobs Act.

Senate Hearing
On February 19, the Senate Committee on Environment and Public Works will hold a hearing on environmental reviews and permitting.

There has been bipartisan discussion of permitting reform, but each side is wary of the sorts of projects (renewable energy, oil and gas pipelines) that the other wants to see built more quickly.

Federal Water Tap is a weekly digest spotting trends in U.S. government water policy. To get more water news, follow Circle of Blue on Twitter and sign up for our newsletter.

Brett Walton

Brett writes about agriculture, energy, infrastructure, and the politics and economics of water in the United States. He also writes the Federal Water Tap, Circle of Blue’s weekly digest of U.S. government water news. He is the winner of two Society of Environmental Journalists reporting awards, one of the top honors in American environmental journalism: first place for explanatory reporting for a series on septic system pollution in the United States(2016) and third place for beat reporting in a small market (2014). He received the Sierra Club’s Distinguished Service Award in 2018. Brett lives in Seattle, where he hikes the mountains and bakes pies. Contact Brett Walton