On Feb. 28, the Senate confirmed Acting EPA Administrator Andrew Wheeler as the official agency chief by a vote of 52-47 primarily along party-lines. Every Democrat voted against Wheeler, all Republicans except for Sen. Susan Collins (R-Maine) supported the nomination. Earlier in February, the Senate Environment and Public Works (EPW) Committee voted along party lines to advance the nomination. Wheeler had served as Acting Administrator since July 2018, when then-Administrator Scott Pruitt resigned.

Wheeler was expected to receive confirmation, although several Senators showed concerns over EPA’s handling of toxic chemicals contaminating drinking water around the country.  In December, Wheeler signed off on a chemical management plan that would not regulate a pair of PFAS chemicals.  Sen. Shelley Moore Capito (R-W. Va.) said that Wheeler had given her private assurances that the decision was not yet final.  She and a bipartisan group of 20 Senators sent Wheeler a letter on Feb. 1, urging him to commit to the development of an "enforceable" drinking water standard for both chemicals.   (Politico, 2/1/19)

On Feb. 14, the EPA announced an action plan to set a nationwide drinking water standard for PFAS, and said it will begin the process of establishing these water standards by the end of 2019.   In addition to announcing it would begin pursuing a nationwide water standard for these two chemicals, the EPA will also list them as hazardous substances.

Other Senators were concerned that his former job as a coal lobbyist could pose conflicts at the agency.  Wheeler has vowed to steer clear of decisions affecting former clients. 

Many Democrats criticized Wheeler for continuing the Trump administration’s deregulatory agenda, though several did credit Wheeler for a shift in tone from Pruitt.  Sen. Tammy Duckworth (D-IL) thanked Wheeler for his accessibility and Sen. Tom Carper credited Wheeler with not being “ethically bereft” like his predecessor.

Republicans, meanwhile, including Environment and Public Works Committee Chair John Barrasso (R-Wyo.) cheered the confirmation.  “During the last administration, the EPA issued punishing regulations that would hurt the economy and raise costs on families,” Barrasso (R-Wyo.) said in a statement. “Under Acting Administrator Wheeler’s leadership, the EPA has taken a different approach. The agency is now putting forward proposals that both protect our environment and allow the country’s economy to flourish.” (The Hill, 2/28/19)