H.R. 1 Full-Year FY2011 Continuing Resolution: Overview of Environmental Protection Agency (EPA) Provisions

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H.R. 1 Full-Year FY2011 Continuing

Resolution: Overview of Environmental

Protection Agency (EPA) Provisions

(name redacted)

Specialist in Environmental Policy

August 29, 2011

Congressional Research Service

7-....

www.crs.gov

R41698

CRS Report for Congress

Prepared for Members and Committees of Congress

H.R. 1: Overview of Environmental Protection Agency Provisions

Summary

P.L. 112-10, the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (H.R.

1473), enacted April 15, 2011, provided $8.70 billion for EPA for FY2011 prior to a 0.2% acrossthe-board rescission. None of the 12 regular appropriations bills for FY2011, including the

Interior, Environment, and Related Agencies bill that includes funding for the Environmental

Protection Agency (EPA), were enacted before the start of the fiscal year on October 1, 2010.

Prior to the enactment of P.L. 112-10, a series of temporary continuing resolutions (CRs) were

enacted that sequentially extended funding from October 1, 2010, through April 15, 2011 (P.L.

112-8). Passed by the House on February 19, 2011, Division B of H.R. 1 would have funded 11 of

the 12 regular FY2011 appropriations bills in the form of a full-year continuing resolution (CR)

(Division A separately would have provided FY2011 appropriations for the Department of

Defense, the 12th bill).

Several recent and pending EPA regulatory actions were the focus of considerable attention

during committee hearings and floor debate on EPA FY2011 appropriations, and were reflected in

a number of provisions and amendments included in House-passed H.R. 1. These EPA actions cut

across the various environmental pollution control statutes’ programs and initiatives, such as

those that address greenhouse gas emissions, hazardous air pollutants (including mercury),

mountaintop mining regulation, management of coal ash, particulate matter emissions, and water

quality management including geographical ecosystems (notably Chesapeake Bay and the Great

Lakes). Although Congress did not include the provisions in P.L. 112-10, these environmental

regulatory issues remain a prominent topic of debate as Congress deliberates on the FY2012

appropriations and other proposed legislation regarding EPA’s authorities.

Title VII of Division B in H.R. 1, as passed by the House, included specified funding levels for

certain EPA accounts. Title VII of Division B, as well as Division D of the House-passed bill,

combined contained more than 20 provisions that would have restricted or prohibited the use of

appropriated funds to implement various regulatory activities under the EPA’s jurisdiction. On

March 9, 2011, the Senate did not pass the House version of H.R. 1 and did not agree to a

subsequent Senate substitute amendment (S.Amdt. 149) containing different funding levels and

generally omitting the EPA provisions included in the House-passed H.R. 1.

This report provides a summary of funding levels for EPA accounts and program activities

specified in P.L. 112-10, H.R. 1 as passed by the House and as proposed in the Senate

amendment, compared to the President’s FY2011 Budget Request and the FY2010 enacted levels

in P.L. 111-88. The report also briefly highlights a number of the provisions regarding EPA

program activities as presented in H.R. 1, as passed by the House. Only those provisions that are

clearly identifiable by specific language or references contained in the bill are included. Nearly

all of these EPA provisions were omitted from the Senate amendment (S.Amdt. 149) and P.L.

112-10 as enacted. The information presented throughout this report is primarily an extraction of

the bill language for purposes of reference and is not intended to provide a comprehensive

analysis of all provisions in H.R. 1 that may have directly or indirectly affected EPA programs.

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

Contents

Introduction...................................................................................................................................... 1

Background...................................................................................................................................... 1

H.R. 1: EPA Funding Level Provisions............................................................................................ 3

H.R. 1: Selected Provisions Regarding EPA Actions....................................................................... 8

Tables

Table 1. H.R. 1 and S.Amdt. 149: EPA Proposed FY2011 Funding Levels by

Appropriations Account Compared to Amounts Enacted for FY2011 in P.L. 112-10,

Proposed in the FY2011 President’s Budget Request, and Enacted for FY2010 in P.L.

111-88 ........................................................................................................................................... 4

Table 2. EPA Air Quality/Climate Change/Greenhouse Gas Emissions Program Activities:

Provisions Included in H.R. 1....................................................................................................... 9

Table 3. EPA Water Quality Program Activities: Provisions Included in H.R. 1........................... 11

Table 4. EPA Hazardous Waste Program Activities: Provisions Included in H.R. 1 ..................... 13

Table 5. Related Provisions Included in H.R. 1 Not Under EPA’s Jurisdiction ............................. 13

Table A-1. Appropriations for the Environmental Protection Agency:

FY2008-FY2010 Enacted and the President’s FY2011 Request ................................................ 16

Appendixes

Appendix. EPA Enacted Appropriations FY2008-FY2010, and President’s FY2011

Budget Request........................................................................................................................... 15

Contacts

Author Contact Information........................................................................................................... 18

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

Introduction

On February 19, 2011, the House passed H.R. 1, the Full-Year Continuing Appropriations Act,

2011. As amended and passed, Division B of H.R. 1 would have provided adjusted funding levels

through the end of FY2011 for 11 of the 12 regular appropriations bills,1 including the Interior,

Environment, and Related Agencies appropriations bill which funds the Environmental Protection

Agency (EPA). On March 9, 2011, the Senate did not pass the House-passed version of H.R. 1

and did not agree to a subsequent substitute amendment to the bill (S.Amdt. 149). Pursuant to the

March 8, 2011, order preceding the vote, H.R. 1 was returned to the Senate Calendar.2

H.R. 1, as passed by the House, would generally have continued funding for many of the federal

departments and agencies at the levels provided in the FY2010 regular appropriations acts. The

proposed full-year continuing resolution (CR) also included numerous funding modifications and

restrictions for many accounts, including several EPA accounts and program activities. Several

recent and pending EPA regulatory actions3 were the focus of considerable attention during the

House floor debate and subsequently were included in the form of amendments in the Housepassed bill.4 These provisions generally were omitted from the Senate substitute amendment to

the bill (S.Amdt. 149) and the Department of Defense and Full-Year Continuing Appropriations

Act, 2011 (P.L. 112-10; H.R. 1473), enacted April 15, 2011.

In response to congressional interest in the level of appropriations and several of the provisions

affecting EPA program activities in House-passed H.R. 1, this report highlights a number of these

provisions and provides a summary of funding levels for EPA accounts and program activities

specified in House-passed H.R. 1. Only those provisions affecting EPA programs that are clearly

identifiable by specific language or references as in the bill are included in this report. The

information primarily is a compilation of excerpts of the bill language for purposes of reference

and is not intended to provide a complete listing and analysis of all provisions contained in H.R. 1

that may otherwise directly or indirectly affect EPA programs.

Background

Congress and the President did not complete action on any of the 12 regular appropriations bills

for FY2011, including the Interior, Environment, and Related Agencies appropriations bill that

provides funding for EPA, prior to the end of FY2010. Beginning October 1, 2010 (the start of

FY2011), EPA and other federal departments and agencies were funded under a series of interim

CRs. Prior to the enactment of P.L. 112-10 on April 15, 2011, P.L. 112-8, the Further Additional

Continuing Appropriations Amendments, 2011, enacted April 9, 2011, continued funding through

April 15, 2011, for federal departments and agencies typically covered under the 12 regular

appropriations bills.5

Department of Defense regular appropriations bill, including separate amounts for each account, was included in

Division A of H.R. 1.

Senate Congressional Record S1362, March 8, 2011.

For a discussion of EPA selected regulatory actions, see CRS Report R41561, EPA Regulations: Too Much, Too

Little, or On Track?, by (name redacted) and (name redacted).

House Congressional Record beginning H830, February 15, 2011, ending February 19, 2011, H1355.

Prior to enactment of P.L. 112-8, the Continuing Appropriations Act, 2011 (P.L. 111-242), continued funding

(continued...)

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

P.L. 112-8 had extended funding for EPA and other federal agencies included within the Interior,

Environment, and Related Agencies appropriations bill generally below the FY2010 enacted

levels, but under the terms and conditions contained in the FY2010 appropriations law, P.L. 11188, with some exceptions. Since FY1996, EPA’s appropriations have been requested by the

Administration and appropriated by Congress within eight statutory appropriations accounts.

Brief descriptions of the accounts are provided in Table 1 in the following section of this report.6

During the term of a CR, EPA (and other agencies) generally must determine how to allocate a

fractional portion of the FY2010 funding levels, and make other adjustments to program activities

and priorities.7 This incremental funding can affect programs in different ways, depending on

various factors such as size and duration of specific activities. In contrast to regular and

supplemental appropriations acts, CRs generally do not provide specific amounts for each

account. Most CRs, instead, extend appropriations at the same levels as in prior year

appropriations acts, unless otherwise specified, including funding adjustments for specific

accounts or activities.8

As amended and passed by the House on February 19, 2011, Title VII of Division B in H.R. 1

specified funding levels of certain EPA accounts for the full fiscal year instead of a temporary

period as in earlier CRs, as well as several provisions restricting or prohibiting the use of

appropriated funds to implement certain regulatory activities under the agency’s jurisdiction.

Additional provisions relevant to EPA were included in Division D of the House-passed H.R. 1.

A number of recent and pending regulatory actions were the focus of considerable debate during

floor consideration of H.R. 1 in the House. These EPA regulatory actions cut across the various

environmental pollution control statutes’ programs and initiatives, such as those that address

greenhouse gas emissions, hazardous air pollutants (including mercury), mountaintop mining

regulation, management of coal ash, particulate matter emissions, and water quality management

including geographical ecosystems (notably Chesapeake Bay and the Great Lakes). Title VII of

Division B in the Senate substitute amendment (S.Amdt. 149) would have provided funding

levels different from those in the House-passed bill, and omitted the House provisions related to

EPA regulatory activities.

(...continued)

generally at FY2010 levels through December 3, 2010. A second continuing resolution (P.L. 111-290) extended

funding through December 18, 2010; a third (P.L. 111-317) extended funding through December 21, 2010; a fourth

(P.L. 111-322) extended funding through March 4, 2011; a fifth, the Further Continuing Appropriations Amendments,

2011 (P.L. 112-4), extended funding through March 18, 2011; and a sixth, the Additional Continuing Appropriations

Amendments, 2011 (P.L. 112-6), extended funding through April 8, 2011. For more detailed discussion and

information on the history, nature, scope, and duration of continuing resolutions, see CRS Report RL30343, Continuing

Resolutions: Latest Action and Brief Overview of Recent Practices, by (name redacted).

For a more detailed overview of EPA appropriations, including historical funding levels and more detailed discussion

of the appropriations accounts, see CRS Report R41149, Environmental Protection Agency (EPA): Appropriations for

FY2011, by (name redacted) et al.

The White House Office of Management and Budget (OMB) issued guidance to federal departments and agencies on

how to apportion funding under the FY2011 continuing resolutions. The Executive Office of the President, Office of

Management and Budget, OMB Bulletin No. 10-0, “Apportionment of the Continuing Resolution(s) for Fiscal Year

2011,” http://www.whitehouse.gov/sites/default/files/omb/assets/bulletins/b10-03.pdf.

For examples, see the discussion under the heading “Types of Continuing Resolutions by Duration” in CRS Report

RL30343, Continuing Resolutions: Latest Action and Brief Overview of Recent Practices, by (name redacted).

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

The following section of this report provides an overview of funding levels as specified in Housepassed H.R. 1 and the subsequent Senate substitute amendment that was not agreed to, compared

to enacted amounts for FY2011 in P.L. 112-10 and FY2010 in P.L. 111-88, and as requested by

the President for FY2011. As discussed in this section, FY2011 funding amounts were specified

for only five of the eight EPA appropriations accounts in the House-passed full-year CR, and four

of the eight accounts in S.Amdt. 149. Unless affected by certain broadly applicable general

provisions in House-passed H.R. 1 and S.Amdt. 149, the remaining three accounts in Housepassed H.R. 1 and the remaining four accounts in S.Amdt. 149 would have otherwise be funded at

FY2010 enacted levels per the terms and conditions contained in P.L. 111-88. The funding in the

two proposals is compared to the FY2011 (not including the 0.2% across-the-board rescission9)

and FY2010 enacted appropriations, and as proposed in the President’s FY2011 request. (Table

A-1 in the Appendix of this report shows EPA appropriations by account for FY2008 through

FY2011 enacted (including the 0.2% across-the-board rescission) and the FY2011 President’s

Budget Request.) The overview of funding levels is followed by a series of tables that present a

compilation of excerpts of provisions in House-passed H.R. 1 and one provision in S.Amdt. 149

for selected EPA programs and activities that have received prominent attention in floor debate.

H.R. 1: EPA Funding Level Provisions

The amounts presented below for P.L. 112-10 (not including the 0.2% across the board

rescission), H.R. 1, and S.Amdt. 149 are specified for EPA accounts (and certain program

activities specified in those accounts) as per provisions in the act, the bill as passed by the House

on February 19, 2011, and in the Senate amendment (S.Amdt. 149) considered on March 9, 2011.

For purposes of further comparison, Table 1 presents the FY2010 enacted amounts for these

accounts and the FY2011 requested levels. Only five of the eight EPA appropriations accounts10

were specified in the Housed-passed H.R. 1: State and Tribal Assistance Grants (STAG),

Environmental Programs and Management (EPM), Science and Technology (S&T), Hazardous

Substance Superfund, and Leaking Underground Storage Tank (LUST) Trust Fund Program.

S.Amdt. 149 specified funding for each of these accounts, with the exception of LUST Trust Fund

Program. FY2011 funding levels for three accounts—Office of Inspector General, Leaking

Underground Storage Tank Trust Fund Program, and Oil Spill Response—were not otherwise

expressly specified in P.L. 112-10. Accordingly, comparison of funding levels is limited to some

extent by the specificity of the provisions in the FY2011 appropriations and the two proposals.

Based on general provisions contained in Title I of Division B of P.L. 112-10, those EPA accounts

for which funding was not specified in the act are funded at FY2010 levels as provided under the

Interior, Environment, and Related Agencies Appropriations Act for FY2010 (P.L. 111-88).11

Likewise, unless affected by certain broadly applicable general provisions,12 House-passed H.R. 1

and S.Amdt. 149 generally would have provided FY2011 funding for those accounts not

specified, at the FY2010 enacted level specified in P.L. 111-88. For purposes of comparison,

Table 1 denotes the FY2011 funding for these accounts (and relevant transfers) as FY2010

P.L. 112-10, Section 1119, Title I, Div. B.

For a more detailed description of the EPA accounts see Appendix A in CRS Report R41149, Environmental

Protection Agency (EPA): Appropriations for FY2011, by (name redacted) et al.

P.L. 112-10, Section 1101(a), Title I, Div. B.

Section 1101(c), Title I, Division B, H.R. 1 as passed by the House, and in S.Amdt. 149 (exact section citations as in

the House version).

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

enacted amounts (“FY2010 levels”). However, these FY2010 dollar amounts were not expressly

specified as such in P.L. 112-10, House-passed H.R. 1, or S.Amdt. 149. The Appendix at the end

of this report presents EPA appropriations by account for FY2008 through FY2011 enacted

(including the 0.2% across-the-board rescission) and the FY2011 President’s Budget Request.

In addition to the funding amounts presented by account below, Section 1740 in Title VII of

Division B in P.L. 112-10 included a rescission of $140.0 million from unobligated balances

available within the STAG account. Section 1745 under Title VII of Division B in House-passed

H.R. 1 would have rescinded $300 million from EPA unobligated balances available from within

the STAG account.13 S.Amdt. 149 did not include a comparable provision. P.L. 111-88 specified a

rescission of $40.0 million of unobligated balances available from the STAG and the Hazardous

Substance Superfund accounts.

Table 1. H.R. 1 and S.Amdt. 149: EPA Proposed FY2011 Funding Levels by

Appropriations Account Compared to Amounts Enacted for FY2011 in P.L. 112-10,

Proposed in the FY2011 President’s Budget Request, and Enacted for FY2010 in P.L.

111-88

(dollars in millions)

FY2011

HousePassed

H.R. 1

Div. B

Title VII

S.Amdt.

149

Div. B

Title

VII

P.L. 11210 Div. B

Title VII

FY2010

P.L. 111-88

President’s

Request

Base Prior to Transfers from Hazardous

Substance Superfund Account

$848.1a

$846.7

$790.5

Sec. 1737

$826.4

Sec. 1729

$815.1

Sec. 1734

—Transfer from Hazardous Substance

Superfund

+$26.8

+$24.5

Sec. 1740

+$26.8

(FY2010

level)

+$26.8

(FY2010

level)

Account/Program Purpose

Science and Technology (S&T)

generally incorporates elements of the

former Research and Development

account that was in place until FY1996.

Congress appropriates funds directly to

EPA’s S&T account and transfers additional

funds from the Hazardous Substance

Superfund account specifically to support

Superfund program research. The account

funds the development of the scientific

knowledge and tools necessary to inform

EPA's formulation of pollution control

regulations, standards, and agency

guidance.

Sec. 1745, in Title VII of Division B in H.R. 1. Of the unobligated balances available for ‘Environmental Protection

Agency’ $300,000,000 is rescinded: Provided, That the Administrator shall submit to the House and Senate

Committees on Appropriations a proposed allocation of amounts by account and program project to rescind 30 days

prior to the rescission: Provided further, That no amounts may be rescinded from amounts that were designated by

Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended.

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

FY2011

HousePassed

H.R. 1

Div. B

Title VII

S.Amdt.

149

Div. B

Title

VII

P.L. 11210 Div. B

Title VII

FY2010

P.L. 111-88

President’s

Request

Environmental Programs and

Management (EPM) funds a range of

activities involved in EPA’s development of

pollution control regulations and

standards, and enforcement of

requirements across multiple

environmental media, such as air and

water quality

$2,993.8

$2,891.0

$2,571.1

Sec. 1738

$2,789.4

Sec. 1730

$2,762.0

Sec. 1735

Geographic Programs—EPM account

includes funding for geographic/ecosystem

programs to address certain environmental

and human health risks in a number of

identified areas of the United States, which

often involve collaboration among EPA, state

and local governments, communities, and

nonprofit organizations.

$608.4

$416.1

$305.8

Sec. 1738

$429.4

Sec. 1730

$416.9

Sec. 1735

—Great Lakes Restoration Initiative

$475.0

$300.0

$225.0

See also

Sec. 1739

—Chesapeake Bay Program

$50.0

$63.0

$40.0

Funding

level not

specified

Funding level

not specified

—Puget Sound

$50.0

$20.0

$46.0

Funding level

not specified

Base Prior to Transfers from Hazardous

Substance Superfund Account

$44.8

$45.6

$44.8

(FY2010

level)

$44.8

(FY2010

level)

$44.8

(FY2010

level)

—Transfer from Hazardous Substance

Superfund

+$10.0

+$10.2

+$10.0

(FY2010

level)

+$10.0

(FY2010

level)

+$10.0

(FY2010

level)

$37.0

$40.0

$37.0

(FY2010

level)

$37.0

(FY2010

level)

$36.5

Sec. 1736

Account/Program Purpose

Office of Inspector General (OIG) is

provided appropriations directly and

Congress appropriates additional funds as

transfers from the Hazardous Substance

Superfund account to the OIG account

specifically to support the office’s oversight

of the Superfund program. Federal agency

OIGs established under Inspector General

Act of 1978 to conduct independent

auditing, evaluation, and investigation to

identify management and administrative

deficiencies.

Building and Facilities funds the

construction, repair, improvement,

extension, alteration, and purchase of fixed

equipment and facilities owned or used by

EPA.

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

FY2011

HousePassed

H.R. 1

Div. B

Title VII

S.Amdt.

149

Div. B

Title

VII

P.L. 11210 Div. B

Title VII

FY2010

P.L. 111-88

President’s

Request

Total Prior to Transfers to Other EPA

Accounts

$1,306.5

$1,293.1

$1,273.8

Sec. 1740

$1,293.5

Sec. 1732

$1,283.5

Sec. 1737

—Transfer out to Office of Inspector

General

-$10.0

-$10.2

-$10.0

(FY2010

level)

-$10.0

(FY2010

level)

-$10.0

(FY2010

level)

—Transfer out to Science and Technology

-$26.8

-$24.5

-$26.8

(FY2010

level)

-$26.8

(FY2010

level)

Oil Spill Response funds EPA’s activities

to prepare for and prevent releases of oil

into the inland zone of the United States

within the agency's jurisdiction. Authorized

by the Oil Pollution Act of 1990, the U.S.

Coast Guard has jurisdiction over oil spills

in the coastal zone of the United States.

$18.4

$18.5

$18.4

(FY2010

level)

$18.4

(FY2010

level)

$18.4

(FY2010

level)

Leaking Underground Storage Tank

(LUST) Trust Fund Program: Like the

Superfund account, this account is funded

by discretionary appropriations from a

dedicated trust fund of the same name, the

LUST Trust Fund. The Superfund

Amendments and Reauthorization Act of

1986 established this trust fund.

$113.1

$113.2

$106.1

Sec. 1741

$113.1

(FY2010

level)

$113.1

(FY2010

level)

State and Tribal Assistance Grants

(STAG): Majority of funding within the

STAG account is for capitalization grants

for the Clean Water and Drinking Water

State Revolving Funds (SRFs). The

remainder of the account funds other

water infrastructure grants, and categorical

grants to states and tribes for numerous

pollution control activities under the

various statutes.

$4,970.2

$4,781.9

$2,706.4

Sec. 1742

$4,780.9

Sec. 1733

$3,766.4

Sec. 1738

$2,100.0

$2,000.0

$690.0

$2,100.0

(FY2010

level)

$1,525.0

Account/Program Purpose

Hazardous Substance Superfund is

funded by discretionary appropriations

from a dedicated trust fund of the same

name, the Hazardous Substance Superfund

Trust Fund. The Superfund program was

established under the Comprehensive

Environmental Response, Compensation,

and Liability Act of 1980 (CERCLA) as

amended to clean up the nation’s most

threatening sites and created the

Superfund Trust Fund to finance the

program.

—Clean Water State Revolving Fund

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

FY2011

Account/Program Purpose

FY2010

P.L. 111-88

President’s

Request

HousePassed

H.R. 1

Div. B

Title VII

$1,387.0

$1,287.0

$830.0

$1,387.0

(FY2010

level)

$965.0

$17.0

$10.0

$0.0

$14.5

$10.0

$13.0

$10.0

$13.0

(FY2010

level)

$10.0

$156.8

$0.0

$100.0

$138.3

$70.0

$60.0

$50.0

$100.0

(FY2010

level)

$50.0

$20.0

$0.0

$100.0

(FY2010

level)

$60.0

(FY2010

level)

$0.0

$1,116.4

$1,276.6

$1,056.4

$1,106.4

$10.0

$0.0

Sec. also 743

(see Table 2

below)

$0.0

-$40.0

(unobligated

balances

from the

STAG and

the

Hazardous

Substance

Superfund

accounts)

-$10.0

(prior fiscal

years’

unobligated

balances)

-$300.0

Sec. 1745.

(unobligated

balances

from the

STAG

account)

$0.0

-$140.0

Sec. 1740.

(unobligated

balances

from the

STAG

account)

—Drinking Water State Revolving Fund

—Mexican Border

—Alaska Native Villages

—Special (Congressional) Project Grants

—Brownfields Section 104(k) Grants

—Diesel Emission Reduction Grants

—Targeted Airshed Grants

—Categorical Grants

Climate Change Grants to Local

Governments (Referenced in Housepassed H.R. 1 as “Greenhouse gas

emission reduction competitive grants”)

Rescissions

S.Amdt.

149

Div. B

Title

VII

P.L. 11210 Div. B

Title VII

$0.0

Source: Prepared by CRS using the most recent information available from House, Senate, or conference committee reports

accompanying the annual appropriations bills that fund EPA, and Administration budget documents, including the President’s annual

budget requests as presented by OMB, and EPA’s accompanying annual congressional budget justifications. Based on general

provisions contained in P.L. 112-10, House-passed H.R. 1, and S.Amdt. 149, the amounts in the table for those EPA accounts (and

statutory line items within those accounts) for which funding was not specified are denoted “FY2010 levels” representing FY2010

enacted levels as provided under the Interior, Environment, and Related Agencies Appropriations Act for FY2010 (P.L. 111-88).

The FY2010 amount presented for the base appropriations for the S&T account includes $2.0 million in supplemental

appropriations under P.L. 111-212, Title II, for research on human health and environmental impacts associated with the

Deepwater Horizon incident and mitigation measures employed.

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

H.R. 1: Selected Provisions Regarding EPA Actions

During the past two years, EPA has proposed and promulgated numerous regulations

implementing provisions of the 11 pollution control statutes enacted by Congress. Many

stakeholders and Members of Congress have expressed concerns that the agency has been

reaching beyond the authority given it by Congress and ignoring or underestimating the costs and

economic impacts of proposed and promulgated rules. EPA and others counter that these actions

are consistent with statutory mandates and in some cases compelled by court ruling, the pace in

many ways is slower than a decade ago, and that cost and benefits are appropriately evaluated.14

Recently promulgated and pending actions under the Clean Air Act, in particular EPA controls on

emissions of greenhouse gases and efforts to address conventional pollutants from a number of

industries, have received much of the attention. Several actions under the Clean Water Act, Safe

Drinking Water Act, and Resource Conservation and Recovery Act (RCRA) have also received

some attention. A number of these issues were the focus of considerable debate which resulted in

provisions included in House-passed H.R. 1, but not included in S.Amdt. 149 and P.L. 112-10.

The House-passed provisions generally would have restricted or prohibited use of funds as

appropriated in the bill for certain specific EPA regulatory actions.

Provisions associated with EPA programs were primarily included under Title VII of Division B

“Interior, Environment, and Related Agencies,” and under Division D “Miscellaneous Provisions

- Spending Reduction Account” in House-passed H.R. 1. The provisions presented in the

following tables are categorized in this report by general program areas, that is, air quality and

climate change, water quality, and waste management. Related provisions that are under the

jurisdiction of agencies other than EPA are listed separately in Table 5. The tables contain

information about the provisions including the associated sections of the bill, amendment

numbers if applicable, and Congressional Record citations.

CRS Report R41561, EPA Regulations: Too Much, Too Little, or On Track?, by (name redacted) and (name re

dacted), examines 43 major or controversial regulatory actions taken by or under development at EPA since January

2009, providing details on the regulatory action itself, presenting an estimated timeline for completion of the rule

(including identification of related court or statutory deadlines where known), and, in general, providing EPA’s

estimates of costs and benefits when available. The report also discusses factors that affect the timeframe in which

regulations take effect.

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

Table 2. EPA Air Quality/Climate Change/Greenhouse Gas Emissions

Program Activities: Provisions Included in H.R. 1

EPA

Program

House-Passed H.R. 1

S.Amdt.

149

P.L. 11210

Section

Bill text

House Action

Greenhouse

Gas Emissions

Sec.

1743

Title VII

Division

“The matter pertaining to competitive

grants to communities to develop

plans and demonstrate and implement

projects which reduce greenhouse gas

emissions in the second proviso under

the heading ‘Environmental Protection

Agency, State and Tribal Assistance

Grants’ in division A of P.L. 111-88

shall not apply to funds appropriated

by this division.”

Included in H.R. 1

as introduced

comparable

provision.

comparable

provision.

Greenhouse

Gas Emissions

Sec.

1746

Title VII

Division

“None of the funds made available to

the Environmental Protection Agency

by this division or any other Act may

be expended for purposes of

enforcing or promulgating any

regulation (other than with respect to

section 202 of the Clean Air Act) or

order, taking action relating to, or

denying approval of state

implementation plans or permits

because of the emissions of

greenhouse gases due to concerns

regarding possible climate change.”

Included in H.R. 1

as introduced

comparable

provision.

comparable

provision.

Greenhouse

Gas Emissions

Sec.

4015

Division

“(a) None of the funds made available

by this Act may be used by the

Environmental Protection Agency to

implement, administer, or enforce any

statutory or regulatory requirement

pertaining to emissions of carbon

dioxide, methane, nitrous oxide,

sulfur hexafluoride,

hydrofluorocarbons, or

perfluorocarbons from stationary

sources that is issued or becomes

applicable or effective after January 1,

2011.”

H.Amdt. 101

(consideration:

Cong. Rec.

2/17/2011 H11861189; text: Cong.

Rec. 2/17/2011

H1186)

comparable

provision.

comparable

provision.

amendment #466 as

printed in the Cong.

Rec.

“(b) In this section, the term

‘stationary source’ has the meaning

given such term in section 111(a)(3)

of the Clean Air Act (42 U.S.C.

7411(a)(3)).”

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

EPA

Program

Hazardous

Air Pollutants

Portland

Cement

Manufacturing

Clean Air Act

permits

issued for

Outer

Continental

Shelf Sources

Clean Air Act

Waiver

Ethanol

Content of

Gasoline

House-Passed H.R. 1

Section

Bill text

House Action

Sec.

4008

Division

“None of the funds made available by

this Act may be used to implement,

administer, or enforce the rule

entitled ‘National Emission Standards

for Hazardous Air Pollutants From

the Portland Cement Manufacturing

Industry and Standards of

Performance for Portland Cement

Plants’ published by the Environmental

Protection Agency on September 9,

2010 (75 Fed. Reg. 54970 et seq.).”

H.Amdt. 88

(consideration:

Cong. Rec. H11151121; text: Cong.

Rec. H1115)

“None of the funds made available by

this Act may be used by the

Environmental Appeals Board to

consider, review, reject, remand, or

otherwise invalidate any permit issued

for Outer Continental Shelf sources

located offshore of the States along

the Arctic Coast under section 328(a)

of the Clean Air Act (42 U.S.C.

7627(a)).”

H.Amdt. 96

(consideration:

Cong. Rec.

2/17/2011 H11821183; text: Cong.

Rec. 2/17/2011

H1182)

“No funds made available by this Act

may be used to implement—(1) the

decision of the Administrator of the

Environmental Protection Agency

entitled ‘Partial Grant and Partial

Denial of Clean Air Act Waiver

Application Submitted by Growth

Energy To Increase the Allowable

Ethanol Content of Gasoline to 15

Percent’ published in the Federal

Fed. Reg. 68093 et seq.); or

H.Amdt. 156

(consideration:

Cong. Rec.

H1317-1318,

H1335-1336; text:

Cong. Rec.

H1317)

Sec. 4014

Division

Sec. 4043

Division

S.Amdt.

149

P.L. 11210

comparable

provision.

comparable

provision.

comparable

provision.

comparable

provision.

comparable

provision.

comparable

provision.

amendment #165 as

printed in the Cong.

Rec.

amendment #533 as

printed in the Cong.

Rec.

amendment #94

as printed in the

Cong. Rec.

(2) the decision of the Administrator

of the Environmental Protection

Agency entitled ‘Partial Grant of

Clean Air Act Waiver Application

Submitted by Growth Energy To

Increase the Allowable Ethanol

Content of Gasoline to 15 Percent’

published in the Federal Register on

January 26, 2011 (76 Fed. Reg. 4662

et seq.).”

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

EPA

Program

Ambient air

quality

standard

applicable to

coarse

particulate

matter

House-Passed H.R. 1

Section

Bill text

House Action

Sec. 4048

Division D

“No funds made available by this Act

may be used to modify the national

primary ambient air quality standard

or the national secondary ambient air

quality standard applicable to coarse

particulate matter under section 109

of the Clean Air Act.”

H.Amdt. 164

(consideration:

Cong. Rec.

2/18/2011 H13251326, H1339; text:

Cong. Rec.

2/18/2011 H1325)

S.Amdt.

149

P.L. 11210

comparable

provision.

comparable

provision.

amendment #563 as

printed in the Cong.

Rec.

Source: Prepared by CRS based on provisions as contained in H.R. 1 as passed by the House on February 19,

2011, S.Amdt. 149 as considered in the Senate on March 9, 2011, and P.L. 112-10 (H.R. 1473) enacted April 15,

2011.

Table 3. EPA Water Quality Program Activities: Provisions Included in H.R. 1

EPA

Program

Chesapeake

Bay

Florida

Lakes and

Flowing

Waters

House-Passed H.R. 1

Section

Bill text

House Action

Sec.

4033

Division

“None of the funds made available by

this Act may be used to develop,

promulgate, evaluate, implement,

provide oversight to, or backstop

total maximum daily loads or

watershed implementation plans for

the Chesapeake Bay Watershed.”

H.Amdt. 136

(consideration:

Cong. Rec. H12821284, H1304; text:

Cong. Rec. H1282)

“None of the funds made available by

this Act may be used to implement,

administer, or enforce the rule

entitled ‘Water Quality Standards for

the State of Florida’s Lakes and

Flowing Waters’ published in the

Federal Register by the

Environmental Protection Agency on

December 6, 2010 (75 Fed. Reg.

75762 et seq.).”

H.Amdt. 143

(consideration:

Cong. Rec. H12901291, H1305-1306;

text: Cong. Rec.

H1290)

Sec.

4035

Division

Congressional Research Service

S.Amdt.

149

P.L. 11210

comparable

provision.

comparable

provision.

comparable

provision.

comparable

provision.

amendment #467 as

printed in the Cong.

Rec.

amendment #13 as

printed in the Cong.

Rec.

H.R. 1: Overview of Environmental Protection Agency Provisions

EPA

Program

House-Passed H.R. 1

S.Amdt.

149

P.L. 11210

Section

Bill text

Definition

of waters

under the

jurisdiction

of the

Federal

Water

Pollution

Control

Act (33

U.S.C. 1251

et seq.).

Sec.

1747

Title VII

Division

“None of the funds made available by

this division or any other Act may be

used by the Environmental Protection

Agency to implement, administer, or

enforce a change to a rule or

guidance document pertaining to the

definition of waters under the

jurisdiction of the Federal Water

Pollution Control Act (33 U.S.C.

1251 et seq.).”

Included in H.R. 1 as

introduced

comparable

provision.

comparable

provision.

Sec. 404(c)

of the

Federal

Water

Pollution

Control

Act (33

U.S.C.

1344(c))

Sec.

4044

Division

“None of the funds made available by

this Act may be used by the

Administrator of the Environmental

Protection Agency to carry out

section 404(c) of the Federal Water

Pollution Control Act (33 U.S.C.

1344(c)).” [Refers to EPA’s Clean

Water Act authority to veto a sec.

404 permit proposed or issued by the

Army Corps of Engineers.]

H.Amdt. 157

(consideration:

Cong. Rec. H13181319, H1336; text:

Cong. Rec. H1318)

comparable

provision.

comparable

provision.

Surface

Coal Mining

Sec.

4039

Division

“None of the funds made available by

this Act to the Environmental

Protection Agency, the Corps of

Engineers, or the Office of Surface

Mining Reclamation and Enforcement

may be used to carry out, implement,

administer, or enforce any policy or

procedure set forth in—

H.Amdt. 151

(consideration:

Cong. Rec. H13121313, H1332; text:

Cong. Rec. H1312)

comparable

provision.

comparable

provision.

(1) the memorandum issued by the

Environmental Protection Agency and

Department of the Army entitled

‘Enhanced Surface Coal Mining

Pending Permit Coordination

Procedures’, dated June 11, 2009; or

House Action

amendment #216 as

printed in the Cong.

Rec.

amendment #109 as

printed in the Cong.

Rec.

(2) the guidance (or any revised

version thereof) issued by the

Environmental Protection Agency

entitled ‘Improving EPA Review of

Appalachian Surface Coal Mining

Operations under the Clean Water

Act, National Environmental Policy

Act, and the Environmental Justice

Executive Order’, dated April 1,

2010.”

Source: Prepared by CRS based on provisions as contained in H.R. 1 as passed by the House on February 19,

2011, S.Amdt. 149 as considered in the Senate on March 9, 2011, and P.L. 112-10 (H.R. 1473) enacted April 15,

2011.

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

Table 4. EPA Hazardous Waste Program Activities: Provisions Included in H.R. 1

EPA

Program

Section

Fossil Fuel

Combustion

Waste

S.Amdt.

149

P.L. 11210

comparable

provision.

comparable

provision.

House-Passed H.R. 1

Bill text

House Action

Sec 4045 “None of the funds made available by

Division this Act may be used by the

D Environmental Protection Agency to

develop, propose, finalize, implement,

administer, or enforce any regulation

that identifies or lists fossil fuel

combustion waste as hazardous

waste subject to regulation under

subtitle C of the Solid Waste

Disposal Act (42 U.S.C. 6921 et seq.)

or otherwise makes fossil fuel

combustion waste subject to

regulation under such subtitle.”

H.Amdt. 158

(consideration:

Cong. Rec. H13191320, H1336-1337;

text: Cong. Rec.

H1319)

amendment #217 as

printed in the Cong.

Rec.

Source: Prepared by CRS based on provisions as contained in H.R. 1 as by passed the House on February 19,

2011, S.Amdt. 149 as considered in the Senate on March 9, 2011, and P.L. 112-10 (H.R. 1473) enacted April 15,

2011.

Table 5. Related Provisions Included in H.R. 1 Not Under EPA’s Jurisdiction

EPA Program

Office of Mining

Reclamation and

Enforcement,

Dept. of the

Interior

(Not EPA)

House-Passed H.R. 1

Section

Bill text

House Action

Sec.

4032

Division

“None of the funds

made available by

division B of this Act

may be used to

develop, carry out,

implement, or

otherwise enforce

proposed regulations

published June 18, 2010

(75 Fed. Reg. 34,667)

by the Office of Surface

Mining Reclamation and

Enforcement of the

Department of the

Interior.”

H.Amdt. 131

(consideration:

Cong. Rec.

H1279-1280,

H1303-1304;

text: Cong. Rec.

H1279)

Congressional Research Service

S.Amdt.

149

comparable

provision.

P.L. 112-10

No comparable

provision.

amendment #498

as printed in the

H.R. 1: Overview of Environmental Protection Agency Provisions

EPA Program

House-Passed H.R. 1

Section

Bill text

House Action

Climate Service

(NCS) National

Oceanic and

Atmospheric

Administration

(NOAA) , Dept.

of Commerce

(Not EPA)

Sec.

4038

Division

“None of the funds

made available by this

Act may be used to

implement, establish, or

create a NOAA

Climate Service (NCS)

as described in the

‘Draft NOAA Climate

Service Strategic Vision

and Framework’

published at 75 Fed.

Reg. 57739 (September

22, 2010) and updated

on December 20, 2010;

and Sec. 4042.

H.Amdt. 148

(consideration:

Cong. Rec.

H1310-1311,

H1330-1331;

text: Cong. Rec.

H1310)

Intergovernmental

Panel on Climate

Change (IPCC)

Dept. of State,

Foreign

Operations, and

Related Programs

(Not EPA)

Sec.

4042

Division

“None of the funds

made available by this

Act may be used for

contributions to the

Intergovernmental

Panel on Climate

Change (IPCC).”

H.Amdt. 154

(consideration:

CR H1315-1316,

H1334; text: CR

H1315)

S.Amdt.

149

P.L. 112-10

comparable

provision.

Same provision:

Sec 1348

Title III Division B

comparable

provision

Sec. 2113

Title XI Division B

amendment #495

as printed in the

Cong. Rec.

Amendment

#149 as printed

in the Cong. Rec.

“Notwithstanding

section 1101, the level

for each of the

following accounts

shall be as follows:

‘‘Multilateral

Assistance, Funds

Appropriated to the

President,

International

Organizations and

Programs’’,

$355,000,000, of

which up to

$10,000,000 may be

made available for the

International Panel on

Climate

Change/United

Nations Framework

Convention on

Climate Change…”

Source: Prepared by CRS based on provisions as contained in H.R. 1 as passed by the House on February 19,

2011, S.Amdt. 149 as considered in the Senate on March 9, 2011, and P.L. 112-10 (H.R. 1473) enacted April 15,

2011.

Congressional Research Service

H.R. 1: Overview of Environmental Protection Agency Provisions

Appendix. EPA Enacted Appropriations FY2008FY2010, and President’s FY2011 Budget Request

Since FY1996, EPA’s appropriations have been requested by the Administration and appropriated

by Congress within eight statutory appropriations accounts.15 Table A-1 identifies the amounts

enacted (including the 0.2% across-the-board rescission16) and the President’s request for EPA for

FY2011, compared to the appropriations enacted by Congress for FY2010, FY2009, and FY2008

for the eight appropriations accounts. The table identifies transfers of funds between these

accounts, and funding levels for several program areas within certain accounts that have received

more prominent attention during these fiscal years. The amounts presented in Table A-1 are based

on most recent information available from House, Senate, or conference committee reports

accompanying the annual appropriations bills that fund EPA.

Prior to FY1996, Congress appropriated funding for EPA under a different account structure, making it difficult to

equitably compare past funding levels by account over the history of the agency.

P.L. 112-10, Section 1119, Title I, Div. B.

Congressional Research Service

Table A-1. Appropriations for the Environmental Protection Agency: FY2008-FY2010 Enacted and the President’s FY2011

Request

(millions of dollars; includes rescissions)

FY2008

P.L. 110-161

FY2009

Omnibus

P.L. 111-8

FY2009

ARRA

P.L. 111-5

—Base Appropriations

$760.1

$790.1

$0.0

—Transfer in from Superfund

+$25.7

+$26.4

Science and Technology Total

$785.8

FY2009

Total

FY2010

P.L. 111-88

FY2011

Request

FY2011

P.L. 112-10

$790.1

$848.1a

$846.7

$813.5

$0.0

+$26.4

+$26.8

+$24.5

+$26.8

$816.5

$0.0

$816.5

$874.9

$871.2

$840.3

$2,328.0

$2,392.1

$0.0

$2,392.1

$2,993.8

$2,891.0

$2,756.5

—Base Appropriations

$41.1

$44.8

$20.0

$64.8

$44.8

$45.6

$44.7

—Transfer in from Superfund

+$11.5

+$10.0

$0.0

+$10.0

+$10.2

+$10.0

Office of Inspector General Total

$52.6

$54.8

$20.0

$74.8

$54.8

$55.8

$54.7

Buildings & Facilities

$34.3

$35.0

$0.0

$35.0

$37.0

$40.0

$36.4

$1,254.0

$1,285.0

$600.0

$1,885.0

$1,306.5

$1,293.1

$1,280.9

—Transfer out to Office of Inspector General

-$11.5

-$10.0

$0.0

-$10.0

-$10.2

-$10.0

—Transfer out to Science and Technology

-$25.7

-$26.4

$0.0

-$26.4

-$26.8

-$24.5

-$26.8

$1,216.8

$1,248.6

$600.0

$1,848.6

$1,269.7

$1,258.4

$1,244.2

Leaking Underground Storage Tank Trust Fund

Program

$105.8

$112.6

$200.0

$312.6

$113.1

$113.2

$112.9

Oil Spill Response

$17.1

$17.7

$0.0

$17.7

$18.4

$18.5

$1834

—Clean Water State Revolving Fund

$689.1

$4,000.0

$4,689.1

$2,100.0

$2,000.0

$1,522.0

—Drinking Water State Revolving Fund

$829.0

$2,000.0

$2,829.0

$1,387.0

$1,287.0

$963.0

—Special (Congressional) Project Grants

$132.9

$145.0

$0.0

$145.0

$156.8

$0.0

$1,078.3

$1,094.9

$0.0

$1,094.9

$1,116.4

$1,276.6

$1,104.2

Science and Technology

Environmental Programs and Management

Office of Inspector General

Hazardous Substance Superfund

(before transfers)

Hazardous Substance Superfund (after transfers)

State and Tribal Assistance Grants (STAG)

—Categorical Grants

CRS-16

FY2008

P.L. 110-161

FY2009

Omnibus

P.L. 111-8

FY2009

ARRA

P.L. 111-5

—Brownfields Section 104(k) Grants

$93.5

$97.0

$100.0

—Diesel Emission Reduction Grants

$49.2

$60.0

—Other State and Tribal Assistance Grants

$54.2

State and Tribal Assistance Grants Total

Rescissions (various EPA accounts)b

Total EPA Accounts

FY2009

Total

FY2010

P.L. 111-88

FY2011

Request

FY2011

P.L. 112-10

$197.0

$100.0

$138.3

$99.8

$300.0

$360.0

$60.0

$49.9

$53.5

$0.0

$53.5

$50.0

$20.0

$2,926.2

$2,968.5

$6,400.0

$9,368.5

$4,970.2

$4,781.9

$3,758.9

-$5.0

-$10.0

$0.0

-$10.0

-$40.0

-$10.0

-$140.0

$7,461.5

$7,635.7

$7,220.0

$14,855.7

$10,291.9a

$10,020.0

$8,682.1

Source: Prepared by CRS using the most recent information available from House, Senate, or conference committee reports accompanying the annual appropriations bills

that fund EPA and Administration budget documents, including the President’s annual budget requests as presented by OMB, and EPA’s accompanying annual congressional

budget justifications. “ARRA” refers to the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). The ARRA amounts do not reflect rescission of unobligated

balances as per P.L. 111-226. Numbers may not add due to rounding.

The amounts presented for the FY2010 base appropriations for the S&T account and the EPA total include $2.0 million in supplemental appropriations for research of

the potential long-term human health and environmental risks and impacts from the releases of crude oil, and the application of chemical dispersants and other

mitigation measures under P.L. 111-212, Title II.

The rescissions are from unobligated balances from funds appropriated in prior years, and made available for expenditure in a later year. In effect, these “rescissions”

increase the availability of funds for expenditure by the agency in the years in which they are applied, functioning as an offset to new appropriations by Congress.

CRS-17

H.R. 1: Overview of Environmental Protection Agency Provisions

Author Contact Information

(name redacted)

Specialist in Environmental Policy

/redacted/@crs.loc.gov, 7-....

Congressional Research Service

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