Environmental Protection Agency (EPA) FY2012 Appropriations: Overview of Provisions in H.R. 2584 as Reported

Congressional research reportDec 5, 2011

Ask Donna

What actually matters in this document.

Text

Environmental Protection Agency (EPA)

FY2012 Appropriations: Overview of

Provisions in H.R. 2584 as Reported

(name redacted)

Specialist in Environmental Policy

December 5, 2011

Congressional Research Service

7-....

www.crs.gov

R41979

CRS Report for Congress

Prepared for Members and Committees of Congress

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Summary

The Environmental Protection Agency (EPA) and other federal departments and agencies funded

within the Interior, Environment, and Related Agencies Appropriations bill are currently

operating under a continuing resolution (P.L. 112-55), which runs through December 16, 2011,

while the debate over FY2012 appropriations continues. In July 2011, the House Appropriations

Committee reported H.R. 2584 (H.Rept. 112-151) with $27.52 billion in appropriations for

FY2012 for Interior, Environment, and Related Agencies. Title II of H.R. 2584, as reported,

would provide a total of $7.15 billion for EPA, $1.82 billion (20%) less than the President’s

FY2012 request of $8.97 billion, and $1.53 billion (18%) less than the FY2011 enacted

appropriation of $8.68 billion. In addition to funding levels for the various EPA programs and

activities, H.R. 2584 as reported included more than 25 provisions that would restrict or preclude

the use of FY2012 funds by EPA for implementing or proceeding with a number of recent and

pending EPA regulatory actions. Nearly 250 amendments, including several regarding EPA, were

under consideration during floor debate which was suspended on July 28, 2011. No companion

bill for FY2012 appropriations has been formally introduced in the Senate. However, on October

14, 2011, the bipartisan leadership of the Senate Appropriations Subcommittee on Interior,

Environment, and Related Agencies released a draft bill for FY2012 to serve as a starting point of

discussions for markup. The Senate subcommittee draft, which recommended $8.62 billion for

EPA, did not include those provisions that would restrict or preclude the use of FY2012 funds for

certain EPA actions, as were contained in the House committee-reported H.R. 2584.

Several EPA regulatory actions have received considerable attention during House and Senate

oversight committee hearings, appropriations committee hearings, and House floor debate on the

FY2012 appropriations. The provisions included in H.R. 2584 as reported, and many of the

House floor amendments (considered and pending), cut across the various environmental

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

emissions, hazardous air pollutants, particulate matter emissions, permitting of new source air

emissions, water quality impacts of mountaintop mining operations, management of coal ash,

lead-based paint removal, environmental impacts associated with livestock operations, financial

responsibility with respect to Superfund cleanup, and stormwater discharge. Further, Title V of

the House committee-reported bill, the Reducing Regulatory Burdens Act of 2011, included

significant amendments to the Clean Water Act and the Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA) in response to EPA’s consideration of requiring permits under the Clean

Water Act for point source discharges of pesticides in or near U.S. waters. To date, House floor

debate on H.R. 2584 has not been completed.

This report summarizes funding levels for EPA accounts and certain program activities as

proposed in H.R. 2584 as reported by the House Appropriations Committee, and in the Senate

subcommittee draft. Selected provisions regarding EPA program activities extracted from the

House committee-reported bill are also presented. Only those provisions that are clearly

identifiable by specific language or references contained in the bill are included. No comparable

provisions were identified for the Senate subcommittee draft. Amendments that were voted on

and pending during initial House floor debate at the end of July 2011 are not included.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Contents

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

Comparison of EPA FY2012 Funding Proposals............................................................................. 3

House Committee-Reported H.R. 2584: Selected Provisions Regarding EPA Actions................... 7

Tables

Table 1. EPA Appropriations by Account: FY2012 Proposed (H.R. 2584),

FY2012 President’s Budget Request, and FY2011 and FY2010 Enacted.................................... 5

Table 2. EPA Air Quality, Climate Change, and Greenhouse Gas Emissions Program

Activities Provisions..................................................................................................................... 9

Table 3. EPA Water Quality Program Activities Provisions .......................................................... 16

Table 4. EPA Hazardous Waste Program Activities....................................................................... 20

Table 5. EPA Superfund Program Provisions ................................................................................ 20

Table 6. EPA Toxic Chemical Regulatory Programs ..................................................................... 21

Table 7. EPA Pesticide Programs Provisions ................................................................................. 22

Table 8. Related Provisions Not Under EPA’s Jurisdiction............................................................ 24

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

FY2008-FY2011 Enacted ........................................................................................................... 25

Appendixes

Appendix. EPA Enacted Appropriations, FY2008-FY2011........................................................... 25

Contacts

Author Contact Information........................................................................................................... 26

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Introduction

The Environmental Protection Agency (EPA) was established in 1970 to consolidate federal

pollution control responsibilities that had been divided among several federal agencies. EPA’s

responsibilities grew significantly as Congress enacted an increasing number of environmental

laws as well as major amendments to these statutes. Among the agency’s primary responsibilities

are the regulation of air quality, water quality, pesticides, and toxic substances; the management

and disposal of solid and hazardous wastes; and the cleanup of environmental contamination.

EPA also awards grants to assist states and local governments in complying with federal

requirements to control pollution, and to assist those states with the delegated authority to

administer certain federal pollution control programs. Since FY2006, Congress has funded EPA

programs and activities within the Interior, Environment, and Related Agencies appropriations

bill.1

On July 19, 2011, the House Appropriations Committee reported H.R. 2584 (H.Rept. 112-151)

which included $27.52 billion in appropriations for FY2012 for Interior, Environment, and

Related Agencies. Title II of H.R. 2584 as reported would provide a total of $7.15 billion for the

EPA, $1.82 billion (20%) less than the President’s FY2012 request of $8.97 billion submitted to

Congress on February 14, 2011, and $1.53 billion (18%) less than the FY2011 enacted

appropriation of $8.68 billion. H.R. 2584 as reported reflected a decrease for each of the EPA’s

eight regular appropriations accounts compared to the President’s FY2012 request, and all except

the Building and Facilities and the Inland Oil Spill Program accounts (the House committeereported bill included the same level as FY2011 enacted) when compared to FY2011 enacted

appropriations.

Many of the federal departments and agencies included in H.R. 2584, as reported by the House

committee, generally would be funded at levels below the FY2010 and FY2011 enacted

appropriations, as well as those included in the President’s FY2012 request. The House-reported

bill also included numerous funding modifications and restrictions for many accounts across the

various departments and agencies, including several EPA accounts and program activities. Several

recent and pending EPA regulatory actions2 have been the focus of considerable attention in

Congress during hearings and markup of EPA’s FY2012 appropriations, and authorizing

committees have been addressing EPA regulatory actions through hearings and legislation.

As reported, H.R. 2584 contained more than 30 provisions that would restrict or preclude the use

of FY2012 funds by EPA for implementing or proceeding with a number of regulatory actions.

Theses provisions include more than 20 provisions proposed by the subcommittee3 (primarily in

Title IV Administrative Provisions), and eight amendments added during full committee markup.4

During the 109th Congress, EPA’s funding was moved from the jurisdiction of the House and Senate Appropriations

Subcommittees on Veterans Affairs, Housing and Urban Development, and Independent Agencies to the Interior,

Environment, and Related Agencies Appropriations Subcommittees beginning with the FY2006 appropriations. This

change resulted from the abolition of the House and Senate Appropriations Subcommittees on Veterans Affairs,

Housing and Urban Development, and Independent Agencies.

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

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

“Subcommittee” refers to the Subcommittee on Interior, Environment, and Related Agencies.

Amendments considered during markup that would have removed several of the administrative provisions, including

many of those affecting EPA, were defeated.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

From July 25, 2011, to July 28, 2011, the House considered H.R. 2584 but did not complete

debate on the bill. Concerns regarding these EPA actions continued to be raised during House

floor debate and were among roughly 250 amendments considered and pending prior to

suspension of floor debate on July 28, 2011.5

No bill to fund Interior, Environment, and Related Agencies for FY2012 has been formally

introduced in the Senate. However, on October 14, 2011, the bipartisan leadership of the Senate

Appropriations Subcommittee on Interior, Environment, and Related Agencies released a draft

bill for FY2012 to serve as a starting point of discussions for markup.6 The Senate subcommittee

draft recommended a total appropriation of $29.55 billion for FY2012 for Interior, Environment,

and Related Agencies, including $8.62 billion for EPA under Title II of the draft. The Senate

subcommittee draft did not include provisions similar to the House committee-reported bill that

would restrict or preclude EPA from using FY2012 funds for implementing or proceeding with a

number of regulatory actions.

At the time this report was updated, EPA and other departments and agencies funded within the

Interior, Environment, and Related Agencies Appropriations bill were operating under a third

continuing resolution, the Consolidated and Further Continuing Appropriations Act, 2012 (P.L.

112-55), which provides funding through December 16, 2011. No regular appropriations bill was

enacted before October 1, 2011, the start of FY2012. As with other federal agencies funded under

the 12 appropriations bills, since the beginning of FY2012 EPA had operated under continuing

resolutions (P.L. 112-33 and P.L. 112-36) sequentially extending funding from October 1, 2011,

through November 18, 2011.

If the House committee bill were enacted as reported, the provisions and amendments in Title IV

would impact ongoing and anticipated EPA activities including those addressing greenhouse gas

emissions, hazardous air pollutants, particulate matter emissions, permitting of new source air

emissions, water quality impacts of mountaintop mining operations, management of coal ash,

lead-based paint removal, environmental impacts associated with livestock operations, financial

responsibility with respect to Superfund cleanup, and stormwater discharge.7 Further, Title V of

the committee-reported bill, the Reducing Regulatory Burdens Act of 2011, included amendments

to the Clean Water Act and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in

response to EPA’s consideration of requiring permits under the Clean Water Act for point source

discharges of pesticides in or near U.S. waters.8

House Congressional Record H5688-5693, July 28, 2011.

The Senate Appropriations Subcommittee on Interior, Environment and Related Agencies draft bill for FY2012 and

accompanying tables are available on the subcommittee website at http://www.appropriations.senate.gov/scinterior.cfm.

Although generally not enacted in the FY2011 appropriations law, more than 20 provisions that would have restricted

and prohibited the use of FY2011 funds to implement a subset of these regulatory activities were included in an earlier

House-passed bill (H.R. 1). For an overview of funding levels and provisions contained in House-passed H.R. 1 and

S.Amdt. 149, and a comparison with the FY2011 requested and FY2010 enacted funding levels, see CRS Report

R41698, H.R. 1 Full-Year FY2011 Continuing Resolution: Overview of Environmental Protection Agency (EPA)

Provisions, by (name redacted).

Title V of H.R. 2584 is identical to text contained in H.R. 872 as passed by the House March 31, 2011, see CRS

Report RL32884, Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?, by (name re

dacted).

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

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

affecting EPA program activities in H.R. 2584 as reported by the House Appropriations

Committee, this report highlights a number of these provisions. 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. 2584 as reported that

may directly or indirectly affect EPA programs if enacted. Only those provisions affecting EPA

programs that are clearly identifiable by specific language or references in the House committeereported bill are included in this report. The report also provides a brief summary of funding

levels for EPA accounts and program activities specified in the House committee-reported bill and

as recommended in the Senate subcommittee draft.

The following section of this report provides an overview of funding levels for FY2012 as

specified in H.R. 2584 as reported and as recommended in the Senate subcommittee draft,

compared to the amounts proposed in the President’s FY2012 request, and the enacted amounts

for FY2010 in P.L. 111-88 and FY2011 in P.L. 112-10. For purposes of historical comparison,

Table A-1 in the Appendix of this report shows EPA enacted appropriations by account for

FY2008 through FY2011. The overview of funding levels is followed by a series of tables that

present a compilation of excerpts of provisions in H.R. 2584 as reported for selected EPA

programs and activities that have received prominent attention during deliberations on the

FY2012 appropriations. Amendments that were agreed to or failed during floor debate, as well as

proposed amendments pending actions, are not included in the tables, as House floor debate was

not completed.

Comparison of EPA FY2012 Funding Proposals9

Concerns regarding EPA’s FY2012 funding have generally focused on federal financial assistance

for environmental cleanup of Superfund sites, wastewater and drinking water infrastructure

projects,10 grants to assist states in implementing air pollution control requirements, and climate

change research and related activities. There also has been interest in funding for geographicspecific water quality initiatives (e.g., the Great Lakes Restoration Initiative, and efforts to restore

the Chesapeake Bay and Puget Sound).

Since FY1996, EPA’s funding has been requested by the Administration and appropriated by

Congress under eight statutory accounts. Table 1 presents the FY2012 amounts as approved for

EPA by the House Appropriations Committee in H.R. 2584 and those recommended in the Senate

subcommittee draft, compared to the President’s FY2012 budget request, and the appropriations

enacted in FY2011 and FY2010 for the eight accounts that fund the agency.11 The table includes a

brief description of the programs and activities funded within each of the EPA accounts. Note that

the former name of the “Oil Spill Response” account was changed in the President’s FY2012

For a more detailed overview of EPA’s FY2012 appropriations and related key issues, see relevant discussion in CRS

Report R41896, Interior, Environment, and Related Agencies: FY2012 Appropriations, coordinated by (name redact

ed). For a more detailed analysis of EPA’s FY2011 appropriations and discussion of EPA funding levels

historically, see CRS Report R41149, Environmental Protection Agency (EPA): Appropriations for FY2011, by (name r

edacted) et al.

See CRS Report 96-647, Water Infrastructure Financing: History of EPA Appropriations, by (name redacted).

See Table A-1 in the Appendix of this report for a comparison across the EPA appropriations by account for

FY2008 through FY2011 enacted.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

request to “Inland Oil Spill Program” to more clearly reflect the agency’s jurisdiction for oil spill

response only in the inland zone.12

As indicated in the table, the House Appropriations Committee approved a decrease from the

President’s FY2012 request and the FY2011 and FY2010 enacted levels for each of the eight

accounts (except the Building and Facilities account which is the same as FY2011), with most of

the decrease in two accounts: Environmental Programs and Management, and State and Tribal

Assistance Grants (STAG). The more than 30% reduction below the FY2011 enacted amount for

the STAG account is reflected primarily in the roughly 55% reduction below FY2011 enacted

appropriations (to the FY2008 level) for grants to aid states to capitalize their Clean Water State

Revolving Funds (SRFs). The Drinking Water SRF also was reduced to the FY2008 level,

although the magnitude of the decreases below the FY2011 enacted and FY2012 requested levels

was smaller than the decreases for the Clean Water SRF. Although the House committee proposed

mostly decreases for individual programs and activities funded within each of the eight

appropriations accounts, there are a few examples where funding levels were maintained or

increased compared to FY2011 levels.13

The Senate subcommittee draft proposed overall funding for EPA would also be below FY2012

requested, and the FY2011 and FY2010 enacted levels, but the decrease would not be as large as

that proposed in the House committee-reported bill. The higher funding level for EPA in the

Senate subcommittee draft as compared to H.R. 2584 as reported is primarily attributed to

maintaining funding for the Clean Water and Drinking Water SRFs at the same level as enacted

for FY2011. As indicated in the table, proposed funding for each of the EPA accounts under Title

II in the Senate subcommittee draft is above the levels recommended in Title II of H.R. 2584,

with the exception of the base appropriations prior to transfers for the Hazardous Substance

Superfund, the Leaking Underground Storage Tanks Trust Fund, and the Buildings and Facilities

accounts. With the exception of these two accounts, funding recommended for each of the other

EPA accounts would be similar to, albeit generally slightly below, FY2011 levels under the

Senate subcommittee draft.

House committee-reported H.R. 2584 and the Senate subcommittee draft include both increases

and decreases for programs and activities below the account level for EPA, as reflected in the

funding tables accompanying each proposal. In addition to the funding amounts presented by

account in the table below, the “Administrative Provisions” for EPA in Title II of H.R. 2584

included a rescission of $140.0 million from unobligated balances funded through the STAG and

the Hazardous Substance Superfund account. The Senate subcommittee draft included a

comparable rescission of $34.0 million. Similar rescissions of unobligated balances have been

included in EPA appropriations since FY2006. For FY2011, 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 only; for FY2010, P.L. 111-88 included a $40.0 million rescission of

unobligated balances available from the STAG and the Hazardous Substance Superfund accounts.

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.

For a comparison of EPA funding levels for programs and activities at the sub-account level, see the table included in

H.Rept. 112-151 (pp. 192-200) accompanying H.R. 2584 and those accompanying the Senate subcommittee draft

available at http://www.appropriations.senate.gov/sc-interior.cfm.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Table 1. EPA Appropriations by Account: FY2012 Proposed (H.R. 2584),

FY2012 President’s Budget Request, and FY2011 and FY2010 Enacted

(dollars in millions)

Eight EPA Accounts/Program Purpose

FY2010

P.L. 11188 Title II

FY2011

P.L. 11210 Div. B

Title VII

FY2012

President’s

Request

FY2012

House

CommitteeReported

H.R. 2584

Title II

$848.1

$813.5

$825.6

$754.6

FY2012

Senate

Subcommittee

Draft

Title II

$809.1

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.

Base Prior to Transfers from Hazardous Substance

Superfund Account

—Transfer from Hazardous Substance Superfund

+$26.8

+$23.0

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

$2,756.5

$2,876.6

$2,498.4

$2,734.8

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

$416.0

$463.0

$346.3

$403.7

—Great Lakes Restoration Initiative

$475.0

$299.4

$350.0

$250.0

$300.0

—Chesapeake Bay Program

$50.0

$54.4

$67.4

$50.0

$60.4

—Puget Sound

$50.0

$38.1

$19.3

$30.0

$20.3

Base Prior to Transfers from Hazardous Substance

Superfund Account

$44.8

$44.7

$46.0

$41.1

$46.0

—Transfer from Hazardous Substance Superfund

+$10.0

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.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

FY2010

P.L. 11188 Title II

FY2011

P.L. 11210 Div. B

Title VII

FY2012

President’s

Request

FY2012

House

CommitteeReported

H.R. 2584

Title II

$37.0

$36.4

$42.0

$36.4

$32.0

Total Prior to Transfers to Other EPA Accounts

$1,306.5

$1,280.9

$1,236.2

$1,224.3

$1,191.4

—Transfer out to Office of Inspector General

-$10.0

—Transfer out to Science and Technology

-$26.8

-$23.0

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

to address releases of petroleum for underground tanks

not covered under the Superfund program.

$113.1

$112.9

$112.5

$105.7

$99.8

Inland Oil Spill Program (formerly 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

$18.3

$23.7

$18.3

$19.3

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

$3,758.9

$3,860.4

$2,610.4

$3,722.1

—Clean Water State Revolving Fund

$2,100.0

$1,522.0

$1,550.0

$689.0

$1,522.0

—Drinking Water State Revolving Fund

$1,387.0

$963.1

$990.0

$829.0

$963.1

—Mexican Border

$17.0

$10.0

$0.0

$10.0

—Alaska Native Villages

$13.0

$10.0

$0.0

$10.0

Eight EPA Accounts/Program Purpose

Building and Facilities funds the construction, repair,

improvement, extension, alteration, and purchase of

fixed equipment and facilities owned or used by EPA.

FY2012

Senate

Subcommittee

Draft

Title II

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.

—Special (Congressional) Infrastructure Grants

$156.8

$0.0

—Brownfields Section 104(k) Grants

$100.0

$99.8

$99.0

$60.0

$95.0

—Diesel Emission Reduction Grants

$60.0

$49.9

$0.0

$30.0

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Eight EPA Accounts/Program Purpose

—Targeted Airshed Grants

—Categorical Grants

Climate Change Grants to Local Governments

Rescissions

FY2010

P.L. 11188 Title II

FY2011

P.L. 11210 Div. B

Title VII

FY2012

President’s

Request

FY2012

House

CommitteeReported

H.R. 2584

Title II

$20.0

$0.0

$1,116.4

$1,104.2

$1,201.4

$1,002.4

$1,092.1

$10.0

$0.0

-$40.0

(unobligated

balances

from the

STAG and

the

Hazardous

Substance

Superfund

accounts)

-$140.0

(unobligated

balances

from the

STAG

account)

-$50.0

(prior fiscal

years’

unobligated

balances)

-$140.0

(unobligated

balances from

the STAG and

the Hazardous

Substance

Superfund

accounts)

-$34.0

(unobligated

balances from the

STAG and the

Hazardous

Substance

Superfund

accounts)

$10,291.9

$8,682.1

$8,973.0

$7,149.2

$8,620.4

FY2012

Senate

Subcommittee

Draft

Title II

Source: Prepared by Congressional Research Service: FY2010 enacted appropriations are from the conference

report (H.Rept. 111-316, pp. 240–244) accompanying the Interior, Environment, and Related Agencies

Appropriations Act for FY2010 (P.L. 111-88); 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. The FY2011enacted

amounts, President’s FY2012 requested amounts, and FY2012 amounts for H.R. 2584 are as reported in H.Rept.

112-151; the FY2012 Senate subcommittee draft amounts are based on the Senate Draft and accompanying table

released October 14, 2011, by the chairman and ranking Member of the Senate Appropriations Committee on

Interior, Environment, and Related Agencies, http://www.appropriations.senate.gov/sc-interior.cfm.

House Committee-Reported H.R. 2584:

Selected Provisions Regarding EPA Actions

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

implementing provisions of the 12 primary federal pollution control statutes enacted by Congress.

Many stakeholders and some 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

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

dacted), examines 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

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

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, Resource Conservation and Recovery Act (RCRA), Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA), and the Toxics Substance Control Act (TSCA), have

also received some attention. A number of these issues were the focus of considerable debate

which resulted in nearly 30 provisions included in H.R. 2584 as reported by the House

Appropriations Committee. The House-reported provisions, if enacted, generally would restrict or

prohibit use of funds as appropriated in the bill for certain EPA regulatory actions. As not all the

terms and activities contained within the provisions are explicitly defined in H.R. 2584, the scope

of the effects of many of the provisions are subject to interpretation and therefore neither

definitions or potential impacts are inferred in this report.

Both House committee-reported H.R. 2584 and the Senate subcommittee draft contain five

similar administrative provisions setting terms and conditions for certain EPA activities under the

“Environmental Protection Agency Administrative Provisions” following the proposed funding

for each of the appropriations accounts in Title II of each of the proposals. The Senate

subcommittee draft included one additional administrative provision that would authorize EPA to

transfer funding from any of its eight accounts to fund emergency response actions for oil spills,

if the Inland Oil Spill Response account is insufficient to finance these costs. The funds

transferred from other accounts would be reimbursed by payments administered by the U.S.

Coast Guard from the Oil Spill Liability Trust Fund.

The more controversial provisions regarding several EPA programs and regulations were

contained in the “General Provisions” in Title IV of H.R. 2584. Additionally, Title V of the House

committee-reported bill, the Reducing Regulatory Burdens Act of 2011, included amendments to

the Clean Water Act and the Federal Insecticide, Fungicide, and Rodenticide Act in response to

EPA’s consideration of requiring permits under the Clean Water Act for point source discharges of

pesticides in or near U.S. waters. Title V of H.R. 2584 is identical to provisions contained in H.R.

872 as passed by the House March 31, 2011.15 The Senate subcommittee draft did not include

those provisions that would restrict or preclude the use of FY2012 funds for certain EPA actions,

as were contained in Title IV and Title V of House committee-reported H.R. 2584. Tables 2

through 8, which follow, identify those provisions in the House committee-reported bill that the

Senate subcommittee did not include in its draft.

The provisions included in H.R. 2584 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 8. The tables contain information about the provisions including the

associated sections of the bill, and those that were amendments adopted during full-committee

markup if applicable.

H.R. 1, the FY2011 Full-Year Continuing resolution passed by the House February 19, 2011,

included more than 20 provisions that would have similarly restricted and prohibited the use of

FY2011 funds to implement EPA regulatory activities.16 These provisions were not included in

See CRS Report RL32884, Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?, by

(name redacted).

For an overview of funding levels and provisions contained in House-passed H.R. 1 and S.Amdt. 149, and a

comparison with the FY2011 requested and FY2010 enacted funding levels. There are also provisions that were

(continued...)

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

the final FY2011 appropriations law (P.L. 112-10) enacted April 15, 2011. Those provisions

contained in H.R. 2584 as reported that are similar or the same as provisions included in H.R. 1 as

passed by the House February 19, 2011, are denoted in the first column of each of the following

tables.

Table 2. EPA Air Quality, Climate Change, and

Greenhouse Gas Emissions Program Activities Provisions

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in

House Committee-Reported H.R. 2584

EPA

Activity/Program

Description

Climate change

reporting use of

funds (all federal

departments and

agencies)

Greenhouse gas

emissions: manure

mgt.

Section

Bill text

Sec. 426.

Title IV

REPORT ON

CLIMATE

CHANGE

FUNDS

Sec. 429.

Title IV

GREENHOUSE

GAS

REPORTING

RESTRICTIONS

House

Committee

Action

“Not later than 120 days after the date on which the

President’s fiscal year 2013 budget request is submitted to

Congress, the President shall submit a comprehensive report

to the Committee on Appropriations of the House of

Representatives and the Committee on Appropriations of the

Senate describing in detail all Federal agency funding, domestic

and international, for climate change programs, projects and

activities in fiscal year 2011 and fiscal year 2012, including an

accounting of funding by agency with each agency identifying

climate change programs, projects and activities and

associated costs by line item as presented in the President’s

Budget Appendix, and including citations and linkages where

practicable to each strategic plan that is driving funding within

each climate change program, project and activity listed in the

report.”

Included in FY2012

draft

appropriations bill

as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

“Notwithstanding any other provision of law, none of the

funds made available in this or any other Act may be used to

implement any provision in a rule, if that provision requires

mandatory reporting of greenhouse gas emissions from

manure management systems.”

Included in FY2012

draft

appropriations bill

as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

(...continued)

proposed in H.R. 1 for which there are no comparable provisions in H.R. 2584 as reported. See CRS Report R41698,

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

(name redacted).

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in

House Committee-Reported H.R. 2584

EPA

Activity/Program

Description

Greenhouse gas

emissions:

stationary sources

Titles I and VI of

the Clean Air Act

(42 U.S.C. 7401 et

seq., and 42 U.S.C.

7671 et seq.)

Section

Bill text

Sec. 431.

Title IV

STATIONARY

SOURCE

GREENHOUSE

GAS

PROHIBITION

(See Sec. 1746 of

Title VII in Division B,

and Sec. 4015

Division D in Housepassed H.R. 1)

“(a) During the one year period commencing on the date of

enactment of this Act—

(1) the Administrator of the Environmental Protection

Agency shall not propose or promulgate any regulation

regarding the emissions of greenhouse gases from stationary

sources to address climate change, except this paragraph

does not apply to—

(A) regulations promulgated under title VI of the Clean Air

Act (42 U.S.C. 7671 et seq.); or (B) regulations designed to

limit or defer existing greenhouse gas regulation of stationary

sources;

House

Committee

Action

Included in FY2012

draft

appropriations bill

as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

(2) any Federal statutory or regulatory provision requiring a

permit (or permit condition) under the Clean Air Act (42

U.S.C. 7401 et seq.) for emissions of greenhouse gases from a

stationary source to address climate change shall be of no

legal effect;

(3) any federally enforceable permit condition for emissions

of greenhouse gases from a stationary source to address

climate change in a permit under the Clean Air Act (42 U.S.C.

7401 et seq.) issued prior to the date of enactment of this Act

shall be of no legal effect; and

(4) no cause of action based on Federal or State common law

or civil tort (including nuisance) may be brought or

maintained, and no liability, money damages, or injunctive

relief arising from such an action may be imposed, for—

(A) any potential or actual contribution of a greenhouse gas

to climate change; or

(B) any direct or indirect effect of potential or actual or past,

present, or future increases in concentrations of a

greenhouse gas.

(b) Any permit for a stationary source subject to title I of the

Clean Air Act (42 U.S.C. 7401 et seq.) for which an

application was submitted prior to the expiration of the one

year period commencing on the date of the enactment of this

Act (regardless of when such permit is issued) shall not

include any federally enforceable condition for greenhouse gas

emissions to address climate change.”

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in

House Committee-Reported H.R. 2584

EPA

Activity/Program

Description

Section

Bill text

Greenhouse gas

emissions: mobile

source emissions

Sections 202 and

209(b) of the Clean

Air Act (42 U.S.C.

7521 and42 U.S.C.

7543(b))

Sec. 453.

Title IV

MOBILE

SOURCE

EMISSION

“None of the funds made available under this Act shall be

used-

Title V of the Clean

Air Act (42 U.S.C.

7661 et seq.):

livestock

production

Sec. 428.

Title IV

“Notwithstanding any other provision of law, none of the

funds made available in this Act or any other Act may be used

to promulgate or implement any regulation requiring the

issuance of permits under title V of the Clean Air Act (42

U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water

vapor, or methane emissions resulting from biological

processes associated with livestock production.”

Flexible air

permitting

programs multiple

source emissions

Section 110 of the

Clean Air Act (42

U.S.C. 7410)

PROHIBITION

ON USE OF

FUNDS

Sec. 441.

Title IV

FLEXIBLE AIR

PERMITTING

PROGRAMS

House

Committee

Action

Included in FY2012

draft

appropriations bill

(1) to prepare, propose, promulgate, finalize, implement, or

as approved by

enforce any regulation pursuant to section 202 of the Clean

House Interior,

Air Act (42 U.S.C. 7521) regarding the regulation of any

Environmental and

greenhouse gas emissions from new motor vehicles or new

Related Agencies

motor vehicle engines that are manufactured after model year Appropriations

2016 to address climate change; or

Subcommittee.

(2) to consider or grant a waiver under section 209(b) of such

Act (42 U.S.C. 7543(b)) so that a State or political subdivision

thereof may adopt or attempt to enforce standards for the

control of emissions of any greenhouse gas from new motor

vehicles or new motor vehicle engines that are manufactured

after model year 2016 to address climate change.”

Included in

FY2012 draft

appropriations

bill as approved

by House

Interior,

Environmental

and Related

Agencies

Appropriations

Subcommittee.

“The Administrator of the Environmental Protection

Agency—

(1) shall take no action (including any rulemaking or

enforcement action) to disapprove or prevent

implementation of any flexible air permitting program under

which emissions from multiple sources may be combined for

purposes of determining compliance with an emissions

limitation that—

(A) has been submitted by a State as a revision to the State

implementation plan pursuant to section 110 of the Clean Air

Act (42 U.S.C. 7410); and

(B) has been adopted as part of the State implementation plan

for such State prior to the date of enactment of this Act; and

(2) shall take no enforcement action against the holder of an

individual permit issued under an air permitting program

described in paragraph (1) based on any disapproval of the

program by the Administrator prior to the date of the

enactment of this Act.”

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in

House Committee-Reported H.R. 2584

EPA

Activity/Program

Description

Section

Clean Air Act

permits issued for

Outer Continental

Shelf Sources

Section 328 of the

Clean Air Act (42

U.S.C. 7627)

Sec. 443.

Title IV

Air EMISSIONS

FROM OUTER

CONTINENTAL

SHELF

OPERATIONS

Bill text

(See Sec. 4014

Division D of Housepassed H.R. 1)

“(a) Section 328(a)(1) of the Clean Air Act (42 U.S.C.

7627(a)(1)) is amended by inserting before the period at the

end of the second sentence the following: ‘, except that any

air quality impact of any OCS source shall be measured or

modeled, as appropriate, and determined solely with respect

to the impacts in the corresponding onshore area’.

(b) Section 328(a)(4)(C) of the Clean Air Act (42 U.S.C.

7627(a)(4)(C)) is amended in the matter following clause (iii)

by striking ‘shall be considered direct emissions from the

OCS source’ and inserting ‘shall be considered direct

emissions from the OCS source but shall not be subject to

any emission control requirement applicable to the source

under subpart 1 of part C of title I of this Act. For platform

or drill ship exploration, an OCS source is established at the

point in time when drilling commences at a location and

ceases to exist when drilling activity ends at such location or

is temporarily interrupted because the platform or drill ship

relocates for weather or other reasons’.

House

Committee

Action

Included in FY2012

draft

appropriations bill

as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

(c)(1) Section 328 of the Clean Air Act (42 U.S.C. 7627) is

amended by adding at the end thereof the following:

‘(d) Permit Application- In the case of a completed application

for a permit under this Act for platform or drill ship

exploration for an OCS source—

‘(1) final agency action (including any reconsideration of the

issuance or denial of such permit) shall be taken not later than

6 months after the date of filing such completed application;

‘(2) the Environmental Appeals Board of the Environmental

Protection Agency shall have no authority to consider any

matter regarding the consideration, issuance, or denial of such

permit;

‘(3) no administrative stay of the effectiveness of such permit

may extend beyond the date that is 6 months after the date

of filing such completed application;

‘(4) such final agency action shall be considered to be

nationally applicable under section 307(b); and (d).’ ”

‘(5) judicial review of such final agency action shall be available

only in accordance with section 307(b) without additional

administrative review or adjudication.’.

(2) Section 328(a)(4) of the Clean Air Act (42 U.S.C.

7627(a)(4)) is amended by striking ‘For purposes of

subsections (a) and (b)’ and inserting ‘For purposes of this

subsection and subsections (b) and (d)’.”

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in

House Committee-Reported H.R. 2584

EPA

Activity/Program

Description

Hazardous Air

pollutants Portland

cement

manufacturing

Section

Bill text

Sec. 448.

Title IV

PORTLAND

CEMENT

(See Sec. 4008

Division D of Housepassed H.R. 1)

National ambient air

quality standard

(NAAQS) applicable

to coarse

particulate matter.

Section 109 of the

Clean Air Act (42

U.S.C. 7409)

Sec. 454.

Title IV

PARTICULATE

MATTER

House

Committee

Action

“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.).”

Included in FY2012

draft

appropriations bill

as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

“None of the 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 (generally referred to as “PM10”)

under section 109 of the Clean Air Act (42 U.S.C. 7409).”

Amendment

agreed to (2918) during

House

Appropriations

Committee July

12, 2011, markup.

“None of the funds made available by this Act may be used to

regulate ammonia or ammonium under any national

secondary ambient air quality standard for oxides of nitrogen

and oxides of sulfur promulgated pursuant to section 109 of

the Clean Air Act (42 U.S.C. 7409).”

Amendment by

voice vote

during House

Appropriations

Committee July

12, 2011, markup.

“(a) Not later than 12 months after the date of the enactment

of this Act, the Administrator of the Environmental

Protection Agency (in this section referred to as the

‘Administrator’) shall conduct a study, and submit a report to

the Congress, on the cumulative impacts of the following

rules, guidelines, and actions:

Amendment agreed

to (25-20) during

House

Appropriations

Committee July 12,

2011, mark-up.

(See Sec. 4048

Division D of Housepassed H.R. 1)

Regulation of

ammonia under any

national secondary

ambient air quality

standard for oxides

of nitrogen and

oxides of sulfur.

Section 109 of the

Clean Air Act (42

U.S.C. 7409)

Cumulative impact

analysis of multiple

EPA regulations

and associated

actions; primarily

those under the

Clean Air Act

Sec. 461.

Title IV

AMMONIA

REGULATION

FUNDING

PROHIBITION

Sec. 462.

Title IV

REGULATORY

IMPACT

ANALYSIS

(1) The following published rules (including any successor or

substantially similar rule):

(A) ‘Federal Implementation Plans To Reduce Interstate

Transport of Fine Particulate Matter and Ozone’, published at

75 Fed. Reg. 45210 (August 2, 2010).

(B) ‘National Ambient Air Quality Standards for Ozone’,

published at 75 Fed. Reg. 2938 (January 19, 2010).

for Major Sources: Industrial, Commercial, and Institutional

Boilers and Process Heaters’, published at 76 Fed. Reg. 15608

(March 21, 2011).

(D) ‘National Emission Standards for Hazardous Air

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in

House Committee-Reported H.R. 2584

EPA

Activity/Program

Description

Section

Bill text

House

Committee

Action

Pollutants for Area Sources: Industrial, Commercial, and

Institutional Boilers’, published at 76 Fed. Reg. 15554 (March

21, 2011).

(E) ‘National Emission Standards for Hazardous Air Pollutants

from Coal- and Oil-fired Electric Utility Steam Generating

Units and Standards of Performance for Fossil-Fuel-Fired

Electric Utility, Industrial-Commercial-Institutional, and Small

Industrial-Commercial-Institutional Steam Generating Units’,

signed by Administrator Lisa P. Jackson on March 16, 2011.

(F) ‘Hazardous and Solid Waste Management System;

Identification and Listing of Special Wastes; Disposal of Coal

Combustion Residuals From Electric Utilities’, published at 75

Fed. Reg. 35127 (June 21, 2010).

(G) ‘Primary National Ambient Air Quality Standard for Sulfur

Dioxide’, published at 75 Fed. Reg. 35520 (June 22, 2010).

(H) ‘Primary National Ambient Air Quality Standards for

Nitrogen Dioxide’, published at 75 Fed. Reg. 6474 (February

9, 2010).

(2) The following additional rules or guidelines promulgated

on or after January 1, 2009:

(A) Any rule or guideline promulgated under section 111(b)

or 111(d) of the Clean Air Act (42 U.S.C. 7411(b), 7411(d))

to address climate change.

(B) Any rule or guideline promulgated by the Administrator of

the Environmental Protection Agency, a State, a local

government, or a permitting agency under or as the result of

section 169A or 169B of the Clean Air Act (42 U.S.C. 7491,

7492).

quality standard under section 109 of the Clean Air Act (42

U.S.C. 7409).

(3) Any action on or after January 1, 2009, by the

Administrator of the Environmental Protection Agency, a

State, a local government, or a permitting agency as a result

of the application of part C of title I (relating to prevention of

significant deterioration of air quality) or title V (relating to

permitting) of the Clean Air Act (42 U.S.C. 7401 et seq.), if

such application occurs with respect to an air pollutant that is

identified as a greenhouse gas in ‘Endangerment and Cause or

Contribute Findings for Greenhouse Gases Under Section

202(a) of the Clean Air Act’, published at 74 Fed. Reg. 66496

(December 15, 2009).

(b) In conducting the study under subsection (a), the

Administrator shall consider primary and secondary impacts

on jobs, costs to ratepayers and consumers, impacts on

electric reliability and resource adequacy, impacts to the

global economic competitiveness of the United States,

impacts on small business, any changes in the fuel mix used in

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in

House Committee-Reported H.R. 2584

EPA

Activity/Program

Description

Section

Bill text

House

Committee

Action

the electric power sector and resulting impacts to the

economies of communities and States where those fuels are

produced, impacts to the public health and welfare resulting

from increased electricity costs, and any other relevant costs.

to the rule listed in subsection (a)(1)(E) (relating to national

emission standards and standards of performance for certain

electric generating units) until a date (to be determined by

the Administrator) that is at least 6 months after the day on

which the Administrator submits the report required by

subsection (a).

(d) Notwithstanding the final action taken with respect to the

rule listed in subsection (a)(1)(A) (relating to Federal

implementation plans to reduce interstate transport of fine

particulate matter and ozone) and final action (if any) taken

with respect to the rule listed in subsection (a)(1)(E) prior to

the date of the enactment of this Act—

(1) such final action shall not be or become, as applicable,

effective until a date (to be determined by the Administrator)

that is at least 6 months after the day on which the

Administrator submits the report required by subsection (a);

and

(2) the date for compliance with any standard or requirement

in either such finalized rule, and any date for further

regulatory action triggered by either such finalized rule, shall

be delayed by a period equal to the period—

(A) beginning on the date of the publication of the final action

for the respective finalized rule; and

(B) ending on the date on which such final action becomes

effective pursuant to paragraph (1).

(e) Notwithstanding any other provision of law, the

Administrator shall continue to implement the Clean Air

Interstate Rule and the rule establishing Federal

Implementation Plans for the Clean Air Interstate Rule as

promulgated and modified by the Administrator of the

Environmental Protection Agency (70 Fed. Reg. 25162 (May

12, 2005), 71 Fed. Reg. 25288 (April 28, 2006), 71 Fed. Reg.

25328 (April 28, 2006), 72 Fed. Reg. 59190 (Oct. 19, 2007),

72 Fed. Reg. 62338 (Nov. 2, 2007), 74 Fed. Reg. 56721 (Nov.

3, 2009)) until the date on which final action with respect to

the rule listed in subsection (a)(1)(A) becomes effective

pursuant to subsection (d)(1).”

Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related

Agencies Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/

UploadedFiles/INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the

House Appropriations Committee following the July 12, 2011, full-committee markup of the Subcommittee draft

bill, http://appropriations.house.gov/UploadedFiles/Amendments_Adopted_to_Interior.pdf.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Table 3. EPA Water Quality Program Activities Provisions

EPA

Activity/Program

Description

Surface coal mining

Clean Water Act

guidance

(See Sec. 4039

Division D of Housepassed H.R. 1)

Water Quality Program Activities Provisions Included in

House Committee-Reported H.R. 2584

Section

Bill text

Sec. 433.

Title IV

“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 -

ENHANCED

COORDINATION

RESTRICTIONS

(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

Included in FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

(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.”

Definition of waters

Sec. 435.

under the jurisdiction

Title IV

of the Federal Water

WATERS OF THE

Pollution Control Act

UNITED STATES

(33 U.S.C. 1251 et seq.)

(See Sec. 1747 Title

VII Division B of

House-passed H.R. 1)

Sec. 316(b) of the

Federal Water

Pollution Control Act

(33 U.S.C. 1312(b))

Sec. 402(l) of the

Federal Water

Pollution Control Act

(33 U.S.C. 1342(l))

Sec. 436.

Title IV

THERMAL

DISCHARGES

Sec. 438.

Title IV

SILVICULTURAL

ACTIVITIES

Congressional Research Service

“None of the funds made available by this Act or any

subsequent Act making appropriations for the

Environmental Protection Agency may be used by the

Environmental Protection Agency to develop, adopt,

implement, administer, or enforce a change or supplement

to the rule dated November 13, 1986, or guidance

documents dated January 15, 2003, and December 2, 2008,

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 FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

“None of the funds made available by this Act or any other

Act shall be used to further develop, finalize, implement, or

enforce the proposed regulatory requirements issued by the

Environmental Protection Agency and published for public

comment in the Federal Register on April 20, 2011 (76 Fed.

Reg. 22,174); or to develop or enforce any other new

regulations or requirements designed to implement section

316(b) of the Federal Water Pollution Control Act (33

U.S.C. 1312 (b)).”

Included in FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

“Section 402(l) of the Federal Water Pollution Control Act

(33 U.S.C. 1342(l)) is amended by adding at the end the

following:

Included in FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

‘(3) SILVICULTURAL ACTIVITIES- The Administrator shall

not require a permit under this section, nor shall the

Administrator directly or indirectly require any State to

require a permit, for discharges of stormwater runoff from

roads, the construction, use, or maintenance of which are

associated with silvicultural activities, or from other

silvicultural activities involving nursery operations, site

preparation, reforestation and subsequent cultural

treatment, thinning, prescribed burning, pest and fire

control, harvesting operations, or surface drainage.’ ”

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

EPA

Activity/Program

Description

Sec. 402(p) of the

Federal Water

Pollution Control Act

(33 U.S.C. 1342(p))

Water Quality Program Activities Provisions Included in

House Committee-Reported H.R. 2584

Section

Bill text

House Action

Sec. 439.

Title IV

“None of the funds made available by this Act or any other

Act may be expended for the development, adoption,

implementation, or enforcement of regulations or guidance

that would expand the Federal stormwater discharge

program under section 402(p) of the Federal Water

Pollution Control Act (33 U.S.C. 1342(p)) to postconstruction commercial or residential properties until 90

days after the Administrator of the Environmental

Protection Agency submits to the Committee on

Transportation and Infrastructure and the Committee on

Appropriations of the House of Representatives and the

Committee on Environment and Public Works and the

Committee on Appropriations of the Senate the study of

stormwater discharges required under section 402(p)(5) of

such Act (33 U.S.C. 1342(p)(5)). Such study shall include—

Included in FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

STORMWATER

DISCHARGE

(1) a thorough review and analysis of potential regulatory

options under the stormwater program;

(2) the program’s anticipated costs (including to the

Environmental Protection Agency, States, and potentially

regulated entities) and benefits; and

(3) a numerical identification of both relative cost

effectiveness among the options and the anticipated water

quality enhancements that would result from each option.”

Florida lakes and

flowing waters

Sec. 452.

Title IV

WATER

QUALITY

(See Sec. 4035

Division D of Housepassed H.R. 1)

STANDARDS

Wetlands

designations in

emergencies

Sec. 456.

Title IV

WETLAND

DESIGNATIONS

IN EMERGENCIES

Great Lakes ballast

water management

regulations section

401 of the Federal

Water Pollution

Control Act (33

U.S.C. 1341)

Sec. 459.

Title IV

BALLAST

WATER

REGULATION

“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.).”

Amendment by

voice vote during

House

Appropriations

Committee July 12,

2011, mark-up.

“None of the funds made available in this Act may be used

to delineate new wetlands in any county included in a major

disaster declaration as a result of flooding in the year 2011

for purposes of section 404 of the Federal Water Pollution

Control Act (33 U.S.C. 1344).”

Amendment by

voice vote during

House

Appropriations

Committee July 12,

2011, mark-up.

“(a) Prohibition- None of the funds made available by this

Act for the Environmental Protection Agency shall be

provided to any State that—

Amendment by

voice vote during

House

Appropriations

Committee July 12,

2011, mark-up.

(1) is adjacent to one or more of the Great Lakes; and

(2) has in effect a certification under section 401 of the

Federal Water Pollution Control Act (33 U.S.C. 1341) or a

State permit requirement that imposes on vessels that

discharge ballast water into, take in ballast water from, or

transit that State’s waters a performance standard for ballast

water management systems, or a ballast water exchange

standard, which the Commandant of the Coast Guard

determines is more stringent than the following standards:

(A) Coast Guard regulations that have been placed into

effect after the date of enactment of this Act regarding

standards for living organisms in ships’ ballast water

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

EPA

Activity/Program

Description

Water Quality Program Activities Provisions Included in

House Committee-Reported H.R. 2584

Section

Bill text

House Action

discharged in United States waters from vessels and

regarding vessel open water ballast water exchange.

(B) Only to the extent that the regulations described in

subparagraph (A) are not in effect, the standards for the

control and management of ship’s ballast water and

sediment adopted by the International Maritime

Organization as of the date of enactment of this Act.

(b) Definitions- In this section:

(1) The term ‘Great Lakes’ has the same meaning given that

term in section 118(a) of the Federal Water Pollution

Control Act (33 U.S.C. 1268(a)).

(2) The term ‘is more stringent than’ means one or more of

the following:

(A) Includes a higher percentage efficiency of volumetric

exchange of ballast water.

(B) Includes a higher relative volume of pumping throughput

for ballast water exchange.

greater depth of water for conducting ballast water

exchange.

(D) Includes a ballast water management performance

standard that requires a lower concentration of viable

organisms.

(E) Includes a ballast water management performance

standard that requires a smaller minimum dimension of

viable organisms.

(F) Includes a ballast water management performance

standard that includes additional indicator microbes.

(G) Includes an earlier deadline for meeting a ballast water

management performance standard or a ballast water

exchange standard.

(H) Precludes the use of one or more ballast water

treatment technologies approved through the applicable

requirement described in subparagraphs (A) or (B) of

subsection (a)(2).

(I) Requires the use of one or more ballast water treatment

technologies not approved by the applicable requirement

described in subparagraphs (A) or (B) of subsection (a)(2).”

Pesticide use permit

requirements under

the Clean Water Act,

section 402 of the

Federal Water

Pollution Control Act

(33 U.S.C. 1342), and

pesticide use under

section 3(f) of the

Federal Insecticide,

Title V “SEC. 501. SHORT TITLE. This title may be cited as the

REDUCING ‘Reducing Regulatory Burdens Act of 2011’.

REGULATORY

BURDENS ACT SEC. 502. USE OF AUTHORIZED PESTICIDES.

OF 2011 Section 3(f) of the Federal Insecticide, Fungicide, and

Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at

the end the following:

Congressional Research Service

‘(5) USE OF AUTHORIZED PESTICIDES- Except as

provided in section 402(s) of the Federal Water Pollution

Included in FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

EPA

Activity/Program

Description

Water Quality Program Activities Provisions Included in

House Committee-Reported H.R. 2584

Section

Fungicide, and

Rodenticide Act (7

U.S.C. 136a(f)) (see

also Table 7)

Bill text

House Action

Control Act, the Administrator or a State may not require a

permit under such Act for a discharge from a point source

into navigable waters of a pesticide authorized for sale,

distribution, or use under this Act, or the residue of such a

pesticide, resulting from the application of such pesticide.’.

SEC. 503. DISCHARGES OF PESTICIDES.

Section 402 of the Federal Water Pollution Control Act (33

U.S.C. 1342) is amended by adding at the end the following:

‘(s) Discharges of Pesticides‘(1) NO PERMIT REQUIREMENT- Except as provided in

paragraph (2), a permit shall not be required by the

Administrator or a State under this Act for a discharge from

a point source into navigable waters of a pesticide

authorized for sale, distribution, or use under the Federal

Insecticide, Fungicide, and Rodenticide Act, or the residue of

such a pesticide, resulting from the application of such

pesticide.

‘(2) EXCEPTIONS- Paragraph (1) shall not apply to the

following discharges of a pesticide or pesticide residue:

‘(A) A discharge resulting from the application of a pesticide

in violation of a provision of the Federal Insecticide,

Fungicide, and Rodenticide Act that is relevant to protecting

water quality, if—

‘(i) the discharge would not have occurred but for the

violation; or

‘(ii) the amount of pesticide or pesticide residue in the

discharge is greater than would have occurred without the

violation.

‘(B) Stormwater discharges subject to regulation under

subsection (p).

‘(C) The following discharges subject to regulation under

this section:

‘(i) Manufacturing or industrial effluent.

‘(ii) Treatment works effluent.

‘(iii) Discharges incidental to the normal operation of a

vessel, including a discharge resulting from ballasting

operations or vessel biofouling prevention.”

Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related

Agencies Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/

UploadedFiles/INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House

Appropriations Committee following the July 12, 2011, full-committee markup of the Subcommittee draft bill,

http://appropriations.house.gov/UploadedFiles/Amendments_Adopted_to_Interior.pdf.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Table 4. EPA Hazardous Waste Program Activities

EPA

Activity/Program

Description

Fossil fuel

combustion waste,

subtitle C of the

Solid Waste Disposal

Act (42 U.S.C. 6921

et seq.)

Hazardous Waste Program Activities: Provisions Included in

House Committee-Reported H.R. 2584

Section

Sec. 434. Title

IV COAL

COMBUSTION

ASH

(See Sec 4045

Division D of Housepassed H.R. 1)

Bill text

House Action

“None of the funds made available by this Act may be

used by the 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.”

Included in FY2012

draft

appropriations bill

as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related Agencies

Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/UploadedFiles/

INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House Appropriations

Committee following the July 12, 2011, full-committee markup of the Subcommittee draft bill,

http://appropriations.house.gov/UploadedFiles/Amendments_Adopted_to_Interior.pdf.

Table 5. EPA Superfund Program Provisions

EPA

Activity/Program

Description

Superfund cleanup

financial responsibility

requirements

Section 108(b) of the

Comprehensive

Environmental

Response,

Compensation, and

Liability Act of 1980

(42 U.S.C. 9608(b))

EPA Superfund Program: Provisions Included in

House Committee-Reported H.R. 2584

Section

Bill text

Sec. 455. Title “None of the funds made available by this Act may be

IV FINANCIAL used to develop, propose, finalize, implement, enforce, or

ASSURANCE administer any regulation that would establish new

financial responsibility requirements pursuant to section

108(b) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C.

9608(b)).”

House Action

Included in

FY2012 draft

appropriations

bill as approved

by House

Interior,

Environmental

and Related

Agencies

Appropriations

Subcommittee.

Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related Agencies

Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/UploadedFiles/

INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House Appropriations

Committee following the July 12, 2011, full-committee markup of the Subcommittee draft bill,

http://appropriations.house.gov/UploadedFiles/Amendments_Adopted_to_Interior.pdf.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Table 6. EPA Toxic Chemical Regulatory Programs

EPA

Activity/Program

Description

Integrated Risk

Information System

(IRIS) Assessment

of Formaldehyde

Toxic Chemical Regulatory Programs Provisions Included in

House Committee-Reported H.R. 2584

Section

Bill text

House Action

Sec. 444.

Title IV

(a) The Administrator of the Environmental Protection

Agency (EPA)—

Included in FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

INTEGRATED

RISK

INFORMATION

SYSTEM (IRIS)

(1) shall immediately implement improvements in the

IRIS program in accordance with the recommendations

of Chapter 7 of the National Research Council’s Review

of the Environmental Protection Agency’s Draft IRIS

Assessment of Formaldehyde;

(2) shall provide a report to the authorizing and

appropriating Committees of the House of

Representatives and Senate by December 1, 2011

describing how such recommendations have been

implemented for—

(A) each of the existing assessments currently underway;

and

(B) any new assessments.

(3) shall not use any funds to take any administrative

action based on any draft or final assessment that is not

based on—

(A) improvements implemented in the IRIS program in

accordance with the recommendations of Chapter 7 of

the National Research Council’s Review of the

Environmental Protection Agency’s Draft IRIS

Assessment of Formaldehyde; and

(B) demonstration of such implementation by

documentation of the activities taken to implement the

recommendations.

(b)(1) Utilizing funds appropriated in this Act, the

Administrator shall within 90 days arrange for the

National Academy of Sciences to review the EPA report

required by section (a)(2). The Academy’s review shall

assess the scientific, technical, and process changes being

implemented or planned by EPA in the IRIS program and

shall recommend modifications or additions to these

changes as appropriate to improve substantially the

scientific and technical performance of the IRIS program.

The Academy shall also identify a representative sample

of up to three specific IRIS assessments nearing

completion that could be reviewed to evaluate the

results of the changes being implemented by the EPA.

(2) Utilizing funds appropriated in this Act, the

Administrator shall arrange for the National Academy of

Sciences to perform a scientific and technical review of

up to three IRIS assessments based on the

recommendation of the Academy in the review provided

for in subsection (b)(1).

by EPA for further action of any kind on any proposed

rule, regulation, guidance, goal, or permit, issued after

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

EPA

Activity/Program

Description

Toxic Chemical Regulatory Programs Provisions Included in

House Committee-Reported H.R. 2584

Section

Bill text

House Action

May 21, 2009 that solicited comment on a proposal that,

if finalized, would result, based on application of EPA

exposure assumptions, in the lowering or further

lowering of any exposure level that would be within or

below background concentration levels in ambient air,

public drinking water sources, soil, or sediment.

Lead Renovation,

Repair, and

Painting Rule

Sec. 450.

Title IV

LEAD TEST

KIT

“None of the funds made available by this Act may be

used to implement or enforce regulations under subpart

E of part 745 of title 40, Code of Federal Regulations

(commonly known as the ‘Lead; Renovation, Repair, and

Painting Rule’), or any subsequent amendments to such

regulations, until the Administrator of the Environmental

Protection Agency publicizes Environmental Protection

Agency recognition of a commercially-available lead test

kit that meets both criteria under section 745.88(c) of

title 40, Code of Federal Regulations.”

Amendment by voice

vote during House

Appropriations

Committee July 12,

2011, mark-up.

Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related

Agencies Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/

UploadedFiles/INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House

Appropriations Committee following the July 12, 2011, full-committee markup of the Subcommittee draft bill,

http://appropriations.house.gov/UploadedFiles/Amendments_Adopted_to_Interior.pdf.

Table 7. EPA Pesticide Programs Provisions

EPA

Activity/Program

Description

Pesticide Label

requirements

under FIFRA

Pesticide Programs: Provisions Included in

House Committee-Reported H.R. 2584

Section

Bill text

Sec. 406.

Title IV

PESTICIDE

LABELS

“None of the funds made available by this Act may be

used by the Administrator of the Environmental

Protection Agency to finalize the Proposed Guidance

on False or Misleading Pesticide Product Brand Names,

as contained in Draft Pesticide Registration Notice

2010–X (Docket ID EPA–HQ–OPP–2010–0282).”

House Action

Amendment by voice

vote during House

Appropriations

Committee July 12,

2011, mark-up.

Pesticide

registration under

FIFRA and NEPA

requirements

Sec. 447. “None of the funds made available by this Act may be

Title IV used to modify, cancel, or suspend the registration of a

BIOLOGICAL pesticide registered or reregistered under section 3 or

OPINIONS 4 of the Federal Insecticide, Fungicide, and Rodenticide

Act (7 U.S.C.136a, 136a-1) in response to a final

biological opinion or other written statement issued

under section 7(b) of the Endangered Species Act of

1973 (16 U.S.C. 1536(b)).”

Included in FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

Pesticide use under

section 3(f) of the

Federal Insecticide,

Fungicide, and

Rodenticide Act (7

U.S.C. 136a(f)), and

related permit

requirements

under the Clean

Water Act, section

Title V SEC. 501. SHORT TITLE. This title may be cited as the

REDUCING ‘Reducing Regulatory Burdens Act of 2011’.

Included in FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

REGULATORY

BURDENS ACT SEC. 502. USE OF AUTHORIZED PESTICIDES.

OF 2011 Section 3(f) of the Federal Insecticide, Fungicide, and

Rodenticide Act (7 U.S.C. 136a(f)) is amended by

adding at the end the following:

Congressional Research Service

‘(5) USE OF AUTHORIZED PESTICIDES- Except as

provided in section 402(s) of the Federal Water

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

EPA

Activity/Program

Description

Pesticide Programs: Provisions Included in

House Committee-Reported H.R. 2584

Section

402 of the Federal

Water Pollution

Control Act (33

U.S.C. 1342) see

also Table 3)

Bill text

House Action

Pollution Control Act, the Administrator or a State

may not require a permit under such Act for a

discharge from a point source into navigable waters of

a pesticide authorized for sale, distribution, or use

under this Act, or the residue of such a pesticide,

resulting from the application of such pesticide.’.

SEC. 503. DISCHARGES OF PESTICIDES.

Section 402 of the Federal Water Pollution Control

Act (33 U.S.C. 1342) is amended by adding at the end

the following:

‘(s) Discharges of Pesticides‘(1) NO PERMIT REQUIREMENT- Except as provided

in paragraph (2), a permit shall not be required by the

Administrator or a State under this Act for a discharge

from a point source into navigable waters of a

pesticide authorized for sale, distribution, or use under

the Federal Insecticide, Fungicide, and Rodenticide Act,

or the residue of such a pesticide, resulting from the

application of such pesticide.

‘(2) EXCEPTIONS- Paragraph (1) shall not apply to the

following discharges of a pesticide or pesticide residue:

‘(A) A discharge resulting from the application of a

pesticide in violation of a provision of the Federal

Insecticide, Fungicide, and Rodenticide Act that is

relevant to protecting water quality, if—

‘(i) the discharge would not have occurred but for the

violation; or

‘(ii) the amount of pesticide or pesticide residue in the

discharge is greater than would have occurred without

the violation.

‘(B) Stormwater discharges subject to regulation under

subsection (p).

‘(C) The following discharges subject to regulation

under this section:

‘(i) Manufacturing or industrial effluent.

‘(ii) Treatment works effluent.

‘(iii) Discharges incidental to the normal operation of a

vessel, including a discharge resulting from ballasting

operations or vessel biofouling prevention.’.”

Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related Agencies

Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/UploadedFiles/INTERIORFY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House Appropriations Committee

following the July 12, 2011, full-committee markup of the Subcommittee draft bill, http://appropriations.house.gov/

UploadedFiles/Amendments_Adopted_to_Interior.pdf.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Table 8. Related Provisions Not Under EPA’s Jurisdiction

EPA

Activity/Program

Description

Office of Mining

Reclamation and

Enforcement,

Dept. of the

Interior stream

buffer zone

(Not EPA)

Related Provisions Not Under EPA’s Jurisdiction Included in

House Committee-Reported H.R. 2584

Section

Sec. 432.

Title IV STREAM

BUFFERS

(See Sec. 4032

Division D of

House-passed

H.R. 1)

Bill text

“None of the funds made available by 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.”

House Action

Included in FY2012

draft appropriations

bill as approved by

House Interior,

Environmental and

Related Agencies

Appropriations

Subcommittee.

Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related Agencies

following the July 12, 2011, full-committee markup of the Subcommittee draft bill, http://appropriations.house.gov/

UploadedFiles/Amendments_Adopted_to_Interior.pdf.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

Appendix. EPA Enacted Appropriations,

FY2008-FY2011

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

by Congress within eight statutory appropriations accounts.17 Table A-1 identifies the amounts

for the appropriations enacted by Congress for FY2008 through FY2011 for these accounts. The

table identifies transfers of funds between these accounts, and funding levels for several grant

program areas within the State and Tribal Assistance Grants (STAG) account that have received

more prominent attention during these fiscal years. The enacted 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.

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

FY2008-FY2011 Enacted

(millions of dollars)

FY2008

P.L. 110-161

FY2009

Omnibus

P.L. 111-8

FY2009 Total

Incl. ARRA

P.L. 111-5

FY2010

P.L. 111-88

FY2011

P.L. 112-10

—Base Appropriations

$760.1

$790.1

$848.1a

$813.5

—Transfer in from Superfund

+$25.7

+$26.4

+$26.8

Science and Technology Total

$785.8

$816.5

$874.9

$840.3

$2,328.0

$2,392.1

$2,993.8

$2,756.5

—Base Appropriations

$41.1

$44.8

$64.8

$44.8

$44.7

—Transfer in from Superfund

+$11.5

+$10.0

Office of Inspector General Total

$52.6

$54.8

$74.8

$54.8

$54.7

Buildings & Facilities

$34.3

$35.0

$37.0

$36.4

$1,254.0

$1,285.0

$1,885.0

$1,306.5

$1,280.9

—Transfer out to Office of Inspector General

-$11.5

-$10.0

—Transfer out to Science and Technology

-$25.7

-$26.4

-$26.8

Hazardous Substance Superfund (after transfers)

$1,216.8

$1,248.6

$1,848.6

$1,269.7

$1,244.2

Leaking Underground Storage Tank Trust

Fund Program

$105.8

$112.6

$312.6

$113.1

$112.9

Oil Spill Response

$17.1

$17.7

$18.4

$18.3

Science and Technology

Environmental Programs and Management

Office of Inspector General

Hazardous Substance Superfund

(before transfers)

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.

Congressional Research Service

EPA FY2012 Appropriations: Overview of Provisions in H.R. 258 4 as Reported

FY2008

P.L. 110-161

FY2009

Omnibus

P.L. 111-8

FY2009 Total

Incl. ARRA

P.L. 111-5

FY2010

P.L. 111-88

FY2011

P.L. 112-10

—Clean Water State Revolving Fund

$689.1

$4,689.1

$2,100.0

$1,522.0

—Drinking Water State Revolving Fund

$829.0

$2,829.0

$1,387.0

$963.0

—Special (Congressional) Project Grants

$132.9

$145.0

$156.8

$0.0

$1,078.3

$1,094.9

$1,116.4

$1,104.2

—Brownfields Section 104(k) Grants

$93.5

$97.0

$197.0

$100.0

$99.8

—Diesel Emission Reduction Grants

$49.2

$60.0

$360.0

$60.0

$49.9

—Other State and Tribal Assistance Grants

$54.2

$53.5

$50.0

$20.0

State and Tribal Assistance Grants Total

$2,926.2

$2,968.5

$9,368.5

$4,970.2

$3,758.9

-$5.0

-$10.0

-$40.0

-$140.0

$14,855.7

$10,291.9a

$8,682.1

State and Tribal Assistance Grants (STAG)

—Categorical Grants

Rescissions (various EPA accounts)b

Total EPA Accounts

$7,461.5

$7,635.7

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.

Author Contact Information

(name redacted)

Specialist in Environmental Policy

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

Congressional Research Service

EveryCRSReport.com

The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the

Library of Congress, charged with providing the United States Congress non-partisan advice on

issues that may come before Congress.

EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The

reports are not classified, and Members of Congress routinely make individual reports available to

the public.

Prior to our republication, we redacted names, phone numbers and email addresses of analysts

who produced the reports. We also added this page to the report. We have not intentionally made

any other changes to any report published on EveryCRSReport.com.

CRS reports, as a work of the United States government, are not subject to copyright protection in

the United States. Any CRS report may be reproduced and distributed in its entirety without

permission from CRS. However, as a CRS report may include copyrighted images or material from a

third party, you may need to obtain permission of the copyright holder if you wish to copy or

otherwise use copyrighted material.

Information in a CRS report should not be relied upon for purposes other than public

understanding of information that has been provided by CRS to members of Congress in

connection with CRS' institutional role.

EveryCRSReport.com is not a government website and is not affiliated with CRS. We do not claim

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.