HOUSE ENERGY & COMMERCE COMMITTEE HEARING
SUBCOMMITTEE HEARING
For questions on the note below, please contact the Delta Strategy Group team.
On April 28, the House Committee on Energy and Commerce Subcommittee on Environment held a hearing to examine the Fiscal Year 2027 (FY) Budget Request for the Environmental Protection Agency (EPA). The witness in the hearing was EPA Administrator Lee Zeldin, with his testimony available here.
Below is a summary of the hearing prepared by Delta Strategy Group. It includes several high-level takeaways from opening statements and discussion.
Key Takeaways
- Renewable Volume Obligations (RVO) discussions focused on the finalization of the 2026 and 2027 RVOs under RFS Set 2, with the EPA moving immediately to RFS Set 3. Comments highlighted the record-setting biomass diesel volumes and implementation of the import reduction in 2028 as reflective of the administration’s support for domestic energy production. Discussions referenced small refinery exemptions (SREs) adjudications and reallocation.
- Discussions raised how to support domestic production and competitiveness with China while maintaining environmental standards, with a focus on reducing regulatory burdens, prioritizing efficient permitting processes, and providing certainty to avoid shifting production overseas.
- On per- and polyfluoroalkyl substances (PFAS) and glyphosate, Administrator Zeldin highlighted the addition of microplastics to the contaminant candidate list, PFAS remediation technologies, and the EPA’s ongoing glyphosate assessment due in 2026.
SUMMARY OF OPENING STATEMENTS & DISCUSSION
EPA Objectives & Regulatory Approach
- Administrator Zeldin raised how the EPA is working to finalize a clear and durable Waters of the U.S. (WOTUS) rule consistent with the Supreme Court’s Sackett decision. He also referenced accelerated enforcement efforts to stop foreigners from profiting from dumping pollution into the U.S., alongside the establishment of the Office of Applied Science and Environmental Solutions.
- Subcommittee Ranking Member Tonko (D-NY) reiterated concerns on how the EPA’s budget cuts and deregulatory actions would increase pollution while reducing scientific capacity to understand impacts. He further criticized EPA’s deregulatory agenda, stating that EPA has changed cost-benefit rules and disregarded agency and independent analyses that did not support predetermined outcomes.
RVOs & SREs
- Representative Miller-Meeks (R-IA) commended Administrator Zeldin for finalizing the 2026 and 2027 RVOs, with record-setting biomass diesel volumes, and how it reflects the administration’s policy of supporting U.S. energy production as part of a diverse mix of liquid fuels and carbon-based fuels. She highlighted how the RVOs and the EPA’s commitment to implementing the import reduction in 2028 is a meaningful step toward reinforcing domestic energy production and expanding markets for farmers, alongside driving rural job creation and economic growth.
- Representative Miller-Meeks asked whether EPA plans to finalize the 2028 RVOs by the November 1 statutory deadline. Administrator Zeldin responded that EPA immediately moved to RFS Set 3 as soon as it finished RFS Set 2 and will work as fast as it can to get the process back on track. He criticized how the core statutory obligations set by Congress were ignored by the previous administration, but that backlogs, such as adjudications of 175 SREs, have either been eliminated or greatly reduced since the administration took office. He said the transparent approach EPA will continue to pursue is consistent with the one pursued last year.
- Representative Joyce (R-PA) asked what legal basis EPA relies on when requiring the reallocation of SREs. Administrator Zeldin responded that, under the law, the Department of Energy produces a document that is used to ensure the process is applied equally across the board. He said EPA does not conduct individual adjudication, and that decisions are not based on requests for special treatment, outlining that some small refineries do not get approval at all, while some got partial and some got full approval. He discussed how reallocation was done through an application of the DOE study math, fairly across the board, and that Congressional action would be necessary to prevent such reallocation.
- Representative Evans (R-CO) asked whether small refineries operating under heavy state regulations, including the remaining two small refineries in Colorado, should be considered for federal regulatory relief to help protect essential energy infrastructure from shuttering. Administrator Zeldin responded that he could not speak to an individual SRE request but that it is very important to have full transparency and to follow the law strictly. He added that EPA is honoring court decisions and working closely with applicants to make sure their requests are adjudicated fairly while factoring in relevant elements.
Permitting, Domestic Production, & Competitiveness with China
- Administrator Zeldin highlighted how the EPA is committed to boosting American energy production and promoting economic growth by reducing regulatory burdens and prioritizing efficient permitting processes. He stated that President Trump is committed to rebuilding baseload power as a matter of national security and affordability, with the administration rejecting a one-size-fits-all federal approach within reforms and implementation.
- Committee Chairman Guthrie (R-KY) highlighted that the U.S. needs to compete with China without changing standards, specifically on encouraging new domestic energy production and accelerating the permitting process. Representative James (R-MI) said the U.S. should lean into its advantage in cleaner energy rather than regulate its advantage out of existence, noting how China is not operating under the same environmental and economic rules. He emphasized that pushing production overseas would not reduce global emissions, but would instead outsource emissions, jobs, and leadership.
- Committee Chairman Guthrie raised how reforms to implementation of the Clean Air Act and Toxic Substances Control Act would help encourage new domestic energy production, and what should be done to complete permitting faster so the U.S. can compete with China without changing standards. Representatives Latta (R-OH) and Weber (R-TX) asked what steps EPA has taken to eliminate burdensome permitting barriers and streamline the permitting process under the proposed budget. Administrator Zeldin responded that Congress’ actions to modernize the Acts and commended the Committee’s efforts on permitting. He discussed how there are many ways to modernize these landmark laws in order to create a permitting process that takes less time, costs less money, and has more certainty. He also noted that EPA delayed a compliance deadline to allow time to fix flaws with the Quad OBC regulation and that updated guidance will be issued soon in support of reliable baseload power and to unleash energy dominance.
Microplastics, PFAS, & Glyphosate
- Administrator Zeldin cited the recent decision, announced alongside Health and Human Services (HHS) Secretary Kennedy, to add microplastics and pharmaceuticals to the contaminant candidate list for the first time. He discussed how the EPA inherited a backlog of chemicals and pesticides from the Biden administration and said the Office of Chemical Safety and Pollution Prevention has worked to bring down that backlog while keeping pace with new incoming reviews. He referenced how with additional technologies and scientists, EPA has made substantial progress in addressing the inherited backlogs.
- Representative Ocasio-Cortez (D-NY) asked about glyphosate as the active ingredient in Roundup used on U.S. farmland, including corn, wheat, and soybeans, as well as Bayer’s Supreme Court case reliance on EPA not warning the public about the health risks posed. She questioned President Trump’s issuance of an Executive Order to increase U.S. production of glyphosate despite the fact that glyphosate is internationally recognized as likely carcinogenic and the thousands of lawsuits filed by farmers with high exposure. She asked for an update on EPA’s regulatory review and work with MAHA, with Administrator Zeldin saying that the issue is very important. He also referenced how EPA is currently completing an assessment, due in 2026 and being conducted by dedicated career staffers.
- Subcommittee Ranking Member Tonko asked, given the significant backlog of chemicals under review in the Toxic Substances Control Act (TSCA) new chemicals program, how important TSCA fee collection authority is to ensuring the personnel and resources needed to reduce the backlog. Administrator Zeldin responded that it is very important for the Office of Chemical Safety to have the personnel, as well as the IT advancements, needed to do its work. He noted that Congress faces a deadline at end of September related to an expiring fee, and that EPA’s focus inside the Office of Chemical Safety has been to increase bandwidth, adding scientists and personnel to address the backlog.