Environmental Protection Agency (EPA) FY2012 Appropriations

Congressional research reportJan 31, 2012

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Environmental Protection Agency (EPA)

FY2012 Appropriations

(name redacted)

Specialist in Environmental Policy

January 31, 2012

Congressional Research Service

7-....

www.crs.gov

R42332

CRS Report for Congress

Prepared for Members and Committees of Congress

Environmental Protection Agency (EPA) FY2012 Appropriations

Summary

Enacted December 23, 2011, the Consolidated Appropriations Act, 2012 (P.L. 112-74, H.R.

2055), finalized appropriations for FY2012 for those agencies typically funded under nine of the

12 regular appropriations bills. Not including a 0.16% across-the-board rescission, Title II of

Division E under P.L. 112-74 provided $8.46 billion for the Environmental Protection Agency

(EPA) for FY2012. The total was an increase above the $7.15 billion proposed by the House

Appropriations Committee (H.R. 2584 as reported), but less than the $8.62 billion proposed in a

draft released by the bipartisan leadership of the Senate Appropriations Subcommittee and the

$8.97 billion included in the President’s FY2012 budget request. The EPA FY2012 appropriations

were $219.1 million (2.6%) less than the FY2011 enacted appropriations of $8.68 billion. Prior to

the enactment of P.L. 112-74, EPA and agencies included in the Interior, Environment, and

Related Agencies appropriations bill had been funded sequentially under a series of FY2012

continuing resolutions.

In addition to FY2012 appropriations for the various EPA programs and activities, P.L. 112-74

included directive provisions regarding certain EPA authorities and program activities, including

some that restricted the use of appropriated funds for implementing or proceeding with several

recent and pending EPA regulatory actions. Division E, Title IV “General Provisions” P.L. 11274, included provisions specifying requirements and restrictions for the use of appropriations for

certain air Clean Air Act regulatory actions and greenhouse gas emission reporting requirements

(see sections 425, 426, 427 and 432), and certain Clean Water Act permitting requirements

associated with silvicultural activities (section 429). Additionally, the Conference Report H.Rept.

112-331 included extensive language with regard to specific actions by EPA. For example, under

the Science and Technology account in H.Rept. 112-331 (p. 1072), the Conferees required

specific refinements and modifications to EPA’s policies and practices for conducting assessments

under the agency’s Integrated Risk Information System (IRIS).

EPA regulatory actions received considerable attention during House and Senate oversight

committee hearings, appropriations committee hearings, and House floor debate on the FY2012

appropriations during the first session of the 112th Congress. Several of the provisions included in

P.L. 112-74 were the same or similar to a subset of more than 25 provisions included in H.R.

2584, the Department of the Interior, Environment, and Related Agencies Appropriations Act,

2012 (H.Rept. 112-151), as reported on July 19, 2011, and additional proposed provisions

regarding EPA among roughly 150 amendments considered or submitted during floor debate of

H.R. 2584, which was suspended on July 28, 2011. These proposed directives cut across many of

the various environmental pollution control statutes’ programs and initiatives. An October 14,

2011, draft released by the bipartisan leadership of the Senate Appropriations Subcommittee on

Interior, Environment, and Related Agencies did not include comparable general provisions that

would restrict or preclude the use of appropriations for certain EPA actions.

This report summarizes funding levels for EPA accounts and certain sub-account program

activities as enacted in P.L. 112-74, and as proposed in H.R. 2584 as reported by the House

Appropriations Committee, in the Senate subcommittee draft, and in the President’s FY2012

request, compared to the FY2011 enacted appropriations. Selected provisions regarding EPA

program activities extracted from P.L. 112-74, the conference report, and the House committeereported bill are also presented. Only those provisions affecting EPA that are clearly identifiable

by specific language or references contained in the bill are included. Amendments that were

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

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Contents

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

Comparison of EPA FY2012 Enacted and Proposed Appropriations .............................................. 3

Selected Provisions Regarding EPA Actions ................................................................................... 9

Tables

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

2584 and Senate Subcommittee Draft), FY2012 President’s Budget Request, and

FY2011 Enacted ........................................................................................................................... 6

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

Activities Provisions................................................................................................................... 13

Table 3. EPA Water Quality Program Activities Provisions .......................................................... 22

Table 4. EPA Hazardous Waste Program Activities....................................................................... 29

Table 5. EPA Superfund Program Provisions ................................................................................ 29

Table 6. EPA Toxic Chemical Regulatory Programs ..................................................................... 30

Table 7. EPA Pesticide Programs Provisions ................................................................................. 32

Table 8. Related Provisions Not Under EPA’s Jurisdiction............................................................ 34

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

FY2008-FY2012 Enacted........................................................................................................... 35

Appendixes

Appendix. EPA Enacted Appropriations, FY2008-FY2012 .......................................................... 35

Contacts

Author Contact Information........................................................................................................... 36

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

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, to assist those states with the delegated authority to administer

certain federal pollution control programs, and for research and other activities supporting the

agency’s mission. Since FY2006, Congress has funded EPA programs and activities within the

Interior, Environment, and Related Agencies appropriations bill.1

No regular appropriations bill was enacted before October 1, 2011, the start of FY2012, for the

Interior, Environment, and Related Agencies or the other 11 regular appropriations bills. Prior to

the enactment of the Consolidated Appropriations Act, 2012 (P.L. 112-74, H.R. 2055), on

December 23, 2011, EPA and other departments and agencies funded within the Interior,

Environment, and Related Agencies Appropriations bill were operating under a series of

continuing resolutions sequentially extending FY2012 funding.2 From July 25, 2011, to July 28,

2011, the House considered H.R. 2584 as reported July 19, 2011, by the House Appropriations

Committee, recommending FY2012 appropriations for Interior, Environment, and Related

Agencies, but the House floor debate was suspended. No bill to fund Interior, Environment, and

Related Agencies for FY2012 was 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.3

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.

As with other federal agencies funded under the 12 appropriations bills, at the onset 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. In addition to providing final FY2012 appropriations for three of the regular

appropriations bills, the Consolidated and Further Continuing Appropriations Act, 2012 (P.L. 112-55), enacted

November 18, 2011, included a provision continuing appropriations for those federal agencies (including EPA) funded

under the remaining nine appropriations bills through December 16, 2011. Two subsequent short-term continuing

resolutions were enacted just prior to enactment of the FY2012 Consolidated Appropriations Act: P.L. 112-67 extended

funding for one day through December 17, 2011, to allow for the Senate to consider and adopt the conference report;

P.L. 112-68 extended funding through December 23, 2011, to give Congress time to prepare the FY2012 Consolidated

Appropriations Act for the President’s consideration. See CRS Report RL30343, Continuing Resolutions: Latest Action

and Brief Overview of Recent Practices, by (name redacted).

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.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Title II under Division E of P.L. 112-74 (H.Rept. 112-331) provided $8.46 billion for EPA for

FY2012, not including a 0.16% across-the-board rescission.4 The total FY2012 appropriations for

EPA was an 18.3% increase above the $7.15 billion proposed for FY2012 for EPA by the House

Appropriations Committee in H.R. 2584 (H.Rept. 112-151) as reported, but 1.8% less than the

$8.62 billion proposed in the October 14, 2011, Senate subcommittee draft. The enacted EPA

FY2012 appropriation was $219.1 million (2.6%) less than the FY2011 enacted appropriations of

$8.68 billion, and $510.0 million (5.7%) below the $8.97 billion included in the President’s

FY2012 budget request.

In addition to funding priorities among the various EPA programs and activities, several recent

and pending EPA regulatory actions5 were central to the debate on the FY2012 appropriations.

These EPA regulatory actions, which were also the focus of considerable attention during

deliberations on EPA’s FY2011 appropriations,6 cut across the various environmental pollution

control statutes’ programs and initiatives. Some Members expressed concerns related to these

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

have been addressing EPA regulatory actions through hearings and legislation.

P.L. 112-74 included several administrative and general provisions affecting EPA actions and

authorities (see “Selected Provisions Regarding EPA Actions” later in this report), but not nearly

as many as the more than 25 provisions proposed in the Interior, Environment, and Related

Agencies Appropriations bill, H.R. 2584 (H.Rept. 112-151) as reported by the House

Appropriations Committee. Several additional proposals to address EPA actions were also among

the roughly 150 amendments considered and pending prior to suspension of House floor debate of

H.R. 2584 on July 28, 2011.7 The Senate subcommittee draft did not include general provisions

similar to the House committee-reported bill that would restrict or preclude EPA from using

appropriated funds for implementing or proceeding with a number of regulatory actions.

In response to congressional interest in several of the provisions affecting EPA program activities

included in P.L. 112-74 and proposed in H.R. 2584 as reported by the House Appropriations

Committee, this report highlights a number of these provisions. The information regarding the

provisions presented throughout this report is primarily an extraction of language contained in

P.L. 112-74 and proposed in H.R. 2584 for purposes of reference, and is not intended to provide a

comprehensive analysis of all provisions related directly or indirectly to EPA programs. As all the

terms and activities contained within the provisions were not always explicitly defined, the scope

of the effects of many of the provisions is subject to interpretation, and therefore neither

definitions nor potential impacts are inferred in this report. Only those provisions affecting EPA

programs that are clearly identifiable by specific language or references are included in this

Title IV, Division E of P.L. 112-74, Section 436(a): “Across-the-board Rescissions - There is hereby rescinded an

amount equal to 0.16 percent of the budget authority provided for fiscal year 2012 for any discretionary appropriation

in titles I through IV of this Act.”

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

dacted), for a discussion of selected EPA regulatory actions.

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 enacted, 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).

House Congressional Record H5688-5693, July 28, 2011. The House considered H.R. 2584 from July 25, 2011, to

July 28, 2011, but did not complete debate on the bill.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

report. This report also provides a brief summary of funding levels for EPA accounts and certain

program activities enacted and proposed for FY2012, and enacted for FY2011.

The following section of this report provides an overview of enacted appropriations for FY2012

as compared to amounts proposed in H.R. 2584 as reported, the Senate subcommittee draft, the

President’s FY2012 request, and the enacted amounts for 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 FY2012. The overview of funding levels is

followed by highlights of provisions included in P.L. 112-74 and a series of tables that present a

comparison of a compilation of excerpts of selected provisions in P.L. 112-74 with those

proposed in H.R. 2584 as reported. These provisions are for selected EPA programs and activities

that received prominent attention during deliberations on the FY2012 appropriations.

Amendments that were agreed to or failed during House floor debate of H.R. 2584, as well as

submitted amendments pending action, are not included in the tables, as the House floor debate of

H.R. 2584 was suspended and not completed.

Comparison of EPA FY2012 Enacted and

Proposed Appropriations8

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

wastewater and drinking water infrastructure projects,9 grants to assist states in implementing air

pollution control requirements, climate change research and related activities, and environmental

cleanup of Superfund sites. There also was interest in funding for geographic-specific water

quality initiatives, particularly the Great Lakes Restoration Initiative, and efforts to restore the

Chesapeake Bay and Puget Sound.10

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

Congress under eight statutory accounts. Table 1 presents the FY2012 enacted amounts for EPA

compared to the amounts proposed by the House Appropriations Committee in H.R. 2584 as

reported, the Senate subcommittee draft released October 14, 2011, the President’s FY2012

budget request, and the FY2011 enacted appropriations 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

by the conferees as proposed in the President’s FY2012 request to “Inland Oil Spill Program.”

This modification was intended to more clearly reflect the agency’s jurisdiction for oil spill

response in the inland coastal zone.12

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, see CRS Report R41149,

Environmental

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

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

For a more detailed discussion regarding selected EPA FY2012 funding issues, see CRS Report R41896, Interior,

Environment, and Related Agencies: FY2012 Appropriations, coordinated by (name redacted).

See Table A-1 in the Appendix of this report for a comparison of the EPA appropriations by account for FY2008

through FY2012 enacted.

Authorized by the Oil Pollution Act of 1990, the U.S. Coast Guard has jurisdiction over oil spills in the coastal zone

(continued...)

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

The FY2012 enacted appropriations reflect a decrease from the FY2011 enacted levels and the

President’s FY2012 request for each of the eight EPA accounts once the 0.16% across-the-board

rescission is applied. With the exception of increases for the Hazardous Substance Superfund, the

Leaking Underground Storage Tank Trust Fund, and the Buildings and Facilities accounts, the

FY2012 appropriations were below the levels for each of the remaining accounts as

recommended in the Title II of the Senate subcommittee draft. Accounting for the across-theboard rescission, FY2012 enacted appropriations for all of the accounts were above the levels

proposed in the House Appropriations Committee-reported bill (H.R. 2584),13 with the largest

difference (38.6%) being the State and Tribal Assistance Grants (STAG) account. The House

Committee had proposed roughly a 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 would also have been reduced to the FY2008 level, although

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

have been smaller than the decreases for the Clean Water SRF.

There was variability among the FY2012 enacted amounts for program activities below the

account level, compared to the FY2012 proposals and the FY2011 enacted amounts. In those

cases where FY2012 enacted amounts were the same as proposed for FY2012 and FY2011

enacted, the FY2012 enacted levels would be a decrease once the 0.16% across-the-board

rescission is taken into account. The tables contained in the conference report (H.Rept. 112-331)

provide a comparison of the FY2012 appropriations for certain individual programs and activities

funded within each of the eight appropriations accounts with the FY2012 President’s request and

FY2011 levels. However, a comparison with FY2011 enacted is not possible across all program

activities. The conferees accepted the reorganization of the budget presentation of certain

program areas below the appropriations account level for FY2012 as proposed by the President,14

including consolidation and modifications of line items, making the FY2011 enacted funding

levels not comparable to the reorganized activities. The table included in H.Rept. 112-151 (pp.

192-200) accompanying H.R. 2584 and those accompanying the Senate subcommittee draft15

reflect the reorganization, allowing for comparisons at the sub-account level.

The $23.0 million transfer from the Hazardous Substance Superfund account to the Science and

Technology (S&T) account included in P.L. 112-74 for FY2012 was the same as proposed for

FY2012 in both the House and Senate versions and as requested, but is $3.8 million less than the

$26.8 million transferred in FY2011. The FY2012 transfer of $10.0 million from the Superfund

account to the Environmental Programs and Management (EPM) account was the same as

proposed for FY2012 and enacted for FY2011. These transfer comparisons would reflect a

decrease once the 0.16% across-the-board rescission is included for the FY2012 enacted amounts.

(...continued)

of the United States.

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

Committee, generally would have been funded at levels below the FY2010 and FY2011 enacted appropriations, as well

as the President’s FY2012 request.

U.S. EPA, Fiscal Year FY2012 Justification of Appropriation Estimates for the Committee on Appropriations:

Science and Technology, http://www.epa.gov/planandbudget/FY_2012_CJ_VV_rev.pdf, PDF pp. 74-248.

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

the conference report H.Rept. 112-331, H.Rept. 112-151 (pp. 192-200) accompanying H.R. 2584 as reported, and those

accompanying the Senate subcommittee draft available at http://www.appropriations.senate.gov/sc-interior.cfm.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

In addition to the funding amounts presented by account in the table below, the “Administrative

Provisions” for EPA in Title II of Division E under P.L. 112-74, included a rescission of $50.0

million from unobligated balances funded through the Hazardous Substance Superfund ($5.0

million) and STAG ($45.0 million) accounts. Within the STAG account, the distribution of the

rescission was specified in the provision as $20.0 million from categorical grants, $10.0 million

from the Clean Water SRF, and $5.0 million each from Brownfields grants, Diesel Emission

Reduction Act grants, and Mexico Border grants.

H.R. 2584 as reported had proposed a rescission of $140.0 million, and the Senate subcommittee

draft proposed a smaller rescission of $34.0 million from unobligated balances funded through

the Superfund and STAG accounts, but the distribution of the rescissions was not specified. The

FY2012 request proposed a $50.0 million rescission of prior years’ unobligated balances, but did

not specify from which account. 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.

An additional EPA administrative provision in the FY2012 enacted appropriations authorized the

Administrator to transfer up to $300.0 million of the funds appropriated for the Great Lakes

Restoration Initiative (GLRI) within the EPM account to other federal departments or agencies to

carry out projects supporting the GLRI and the Great Lakes Water Agreement programs, projects,

or activities. Not including the 0.16% across-the-board rescission, the FY2012 enacted amount

was generally the same as FY2011 enacted and the proposed amount for FY2012 in the Senate

draft, more than the $250.0 million proposed in the House committee-reported H.R. 2584, but

less than the $350.0 million included in the FY2012 request.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Table 1. EPA Appropriations by Account: FY2012 Enacted,

FY2012 Proposed (H.R. 2584 and Senate Subcommittee Draft), FY2012 President’s

Budget Request, and FY2011 Enacted

(dollars in millions)

FY2011

P.L. 11210 Div. B

Title VII

FY2012

President’s

Request

FY2012

House

CommitteeReported

H.R. 2584

Title II

Base Prior to Transfers from Hazardous

Substance Superfund Account

$813.5

$825.6

$754.6

$809.1

$795.0

—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

$2,756.5

$2,876.6

$2,498.4

$2,734.8

$2,682.5

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.

$416.0

$463.0

$346.3

$403.7

$410.4

—Great Lakes Restoration Initiative

$299.4

$350.0

$250.0

$300.0

—Chesapeake Bay Program

$54.4

$67.4

$50.0

$60.4

$57.4

—Puget Sound

$38.1

$19.3

$30.0

$20.3

$30.0

Eight EPA Accounts/Program Purpose

FY2012

Senate

Subcommittee

Draft

Title II

FY2012

Div. E Title II

P.L. 112-74

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.

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

Environmental Protection Agency (EPA) FY2012 Appropriations

FY2011

P.L. 11210 Div. B

Title VII

FY2012

President’s

Request

FY2012

House

CommitteeReported

H.R. 2584

Title II

$44.7

$46.0

$41.1

$46.0

$42.0

+$10.0

$36.4

$42.0

$36.4

$32.0

$36.4

Total Prior to Transfers to Other EPA Accounts

$1,280.9

$1,236.2

$1,224.3

$1,191.4

$1,215.8

—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.

$112.9

$112.5

$105.7

$99.8

$104.3

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.

$18.3

$23.7

$18.3

$19.3

$18.3

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.

$3,758.9

$3,860.4

$2,610.4

$3,722.1

$3,618.7

$1,522.0

$1,550.0

$689.0

$1,522.0

$1,468.8

$963.1

$990.0

$829.0

$963.1

$919.4

Eight EPA Accounts/Program Purpose

Base Prior to Transfers from Hazardous

Substance Superfund Account

—Transfer from Hazardous Substance Superfund

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

FY2012

Div. E Title II

P.L. 112-74

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

—Drinking Water State Revolving Fund

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

FY2011

P.L. 11210 Div. B

Title VII

FY2012

President’s

Request

FY2012

House

CommitteeReported

H.R. 2584

Title II

—Mexican Border

$10.0

$0.0

$10.0

$5.0

—Alaska Native Villages

$10.0

$0.0

$10.0

—Special (Congressional) Infrastructure Grants

$0.0

—Brownfields Section 104(k) Grants

$99.8

$99.0

$60.0

$95.0

—Diesel Emission Reduction Grants

$49.9

$0.0

$30.0

—Targeted Airshed Grants

$0.0

$1,104.2

$1,201.4

$1,002.4

$1,092.1

$1,090.6

$0.0

-$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)

-$50.0

(unobligated

balances: $5.0

from the

Hazardous

Substance

Superfund

account; and in

the STAG

account, $5.0

each from the,

Brownfields,

Mexico Border,

and Diesel

Emission

Reduction Grants,

$20.0 from the

Categorical

Grants, and $10.0

from the Clean

Water SRF)

$8,682.1

$8,973.0

$7,149.2

$8,620.4

$8,463.0

Eight EPA Accounts/Program Purpose

—Categorical Grants

Climate Change Grants to Local

Governments

Rescissions

Total

FY2012

Senate

Subcommittee

Draft

Title II

FY2012

Div. E Title II

P.L. 112-74

Source: Prepared by CRS. FY2012 and FY2011 enacted amounts, and the President’s FY2012 request, presented in the

table are based on the Consolidated Appropriations Act, FY2012, P.L. 112-74 , and the conference report (H.Rept. 112331). FY2012 enacted amounts are as presented in P.L. 112-74 and the conference report, which do not reflect the 0.16%

across-the-board rescission required in Section 436 of P.L. 112-74. EPA is directed to apply this rescission to the amounts

specified in the law. The House Committee-reported and Senate draft proposals are based on the FY2012 Interior,

Environment, and Related Agencies appropriations bill (H.R. 2584) as reported by the House Appropriations Committee

July 19, 2011, and the accompanying report (H.Rept. 112-151), and the Senate Draft and accompanying table released

October 14, 2011, by the Chairman and Ranking Member of the Senate Appropriations Subcommittee on Interior,

Environment, and Related Agencies, http://www.appropriations.senate.gov/sc-interior.cfm. FY2011 enacted amounts include

the 0.2% across-the-board rescission. Totals may differ from the sum of the components due to rounding.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Selected Provisions Regarding EPA Actions

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

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

During the first session of the 112th Congress, many stakeholders and some Members expressed

concerns that the agency was 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 countered that these actions were 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.16

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 (e.g., mercury,

particulate matter, sulfur dioxide) from a number of industries, 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 Substances Control Act (TSCA), also received some attention. A number of these issues

were the focus of considerable debate which resulted in provisions in the enacted and House

Appropriations Committee-proposed versions of the FY2012 Interior, Environment, and Related

Agencies Appropriations bill.

P.L. 112-74 included several administrative and general provisions affecting EPA actions and

authorities (see tables that follow), but not nearly as many as those proposed in the Interior,

Environment, and Related Agencies Appropriations bill, H.R. 2584 (H.Rept. 112-151) as reported

by the House Appropriations Committee on July 19, 2011, and among amendments considered

and submitted prior to suspension of the House floor debate on July 28, 2011. Most of the

administrative provisions in the FY2012 enacted appropriations were similar to those proposed in

H.R. 2584 as reported and the Senate draft for FY2012, and the general provisions were similar to

or a slightly revised subset of those contained in House committee-reported bill. Comparable

general provisions were not proposed in the Senate draft.

In addition to the rescission of unobligated balances and transfer of funds for the Great Lakes

Restoration Initiative discussed in the previous section (“Comparison of EPA FY2012 Enacted

and Proposed Appropriations”) and presented in Table 1 above, three other provisions were

included in the EPA Administrative Provisions setting terms and conditions for the use of FY2012

appropriations, under Title II of Division E in P.L. 112-74. These administrative provisions were

similar to those included in both House committee-reported H.R. 2584 and the Senate

subcommittee draft. One additional provision authorized EPA to transfer up to $10.0 million from

any of its eight accounts to fund emergency response actions for oil spills in addition to amounts

available in the Inland Oil Spill Program account if the Administrator determines that the account

will be exhausted within 30 days. 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. This

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

Environmental Protection Agency (EPA) FY2012 Appropriations

provision was similar to an administrative provision included in the Senate draft that allowed for

the transfer of funds under these circumstances, but without placing a dollar limit on the amount

of the transfer. H.R. 2584 as reported did not include such a transfer provision.

Division E, Title IV “General Provisions” in P.L. 112-74, included provisions specifying

requirements and restrictions for the use of appropriations for certain air quality regulatory

actions and greenhouse gas emission reporting requirements, and certain Clean Water Act

permitting requirements associated with silvicultural activities:

•

Section 425 of Division E of the FY2012 appropriations law required the

President to submit a comprehensive report to the House and Senate

Appropriations Committees detailing all federal (including EPA) obligations and

expenditures, domestic and international, for climate change programs and

activities by agency for FY2011.

•

Section 426 prohibited the use of appropriations for promulgation or

implementation of regulation requiring permits under Title V of the Clean Air Act

for certain pollutants resulting from biological processes associated with

livestock production, and

•

Section 427 prohibited use of appropriations for implementing any provisions in

a rule that requires mandatory reporting of greenhouse gas emissions from

“manure management systems.”

•

Section 432 of the FY2012 law amended Section 328 of the Clean Air Act,

effectively transferring authority to regulate air emissions from EPA to

Department of the Interior (DOI) in the Outer Continental Shelf off Alaska’s

north coast.17

•

Section 429 in P.L. 112-74 prohibited EPA from requiring a permit under Section

402 of the Federal Water Pollution Control Act (33 U.S.C. 1342; commonly

referred to as the Clean Water Act), and further, prohibited the EPA administrator

“…from directly or indirectly requiring any state to require a permit for

discharges of stormwater runoff from roads, the construction of, use, or

maintenance of which is 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.”

Each of the general provisions included in the FY2012 appropriations summarized above is

similar to provisions proposed for FY2012 in the House Appropriations Committee-reported bill

H.R. 2584 as noted in the tables which follow. Section 425 in the enacted FY2012 appropriations

was also similar to a reporting requirement for FY2009 and FY2010 contained in Section 426 of

the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010

(P.L. 111-88). A similar recurring reporting requirement had been in existence for nearly a decade

through FY2007, under provisions in the annual appropriations bills for Foreign Operations.

Section 426 and Section 427 of P.L. 112-74 are the same as Section 424 and Section 425 of P.L.

For a more detailed overview of this permitting provision see CRS Report R42123, Controlling Air Emissions from

Outer Continental Shelf Sources: A Comparison of Two Programs—EPA and DOI, by (name redacted).

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

111-88 for FY2010, and retained in the FY2011 Full-Year Continuing Appropriations law

(P.L. 112-10).

Additionally, in lieu of certain provisions proposed for FY2012 in the House Appropriations

Committee-reported bill (H.R. 2584), the FY2012 appropriations conference report, H.Rept. 112331, included extensive language with regard to specific actions by EPA. For example, under the

Science and Technology account in H.Rept. 112-331 (p. 1,072), the conferees required specific

refinements and modifications to EPA’s policies and practices for conducting assessments under

the agency’s Integrated Risk Information System (IRIS). This report language reflects some of the

concerns that resulted in a general provision, Section 444, contained in the House committeereported bill.

As reported, H.R. 2584 contained more than 25 provisions that would have restricted or

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

regulatory actions.18 These provisions included more than 20 provisions proposed by the

subcommittee,19 and eight amendments added during full committee markup.20 The more

controversial provisions regarding several EPA programs and regulations were contained in the

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

Committee-reported bill H.R. 2584, 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.21

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 150 amendments considered and submitted prior to

suspension of floor debate on July 28, 2011.22

The provisions and amendments central to the House debate would have impacted 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.23

The House-reported bill also included numerous funding modifications and restrictions for many accounts across the

other various departments and agencies funded within the Interior, Environment, and Related Agencies Appropriations

bill.

“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.

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).

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

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)

(continued...)

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Table 2 through Table 8, which follow, highlight directive provisions included in P.L. 112-74 and

proposed in H.R. 2584 as reported, including those that would restrict or preclude EPA from

using appropriations for implementing or proceeding with a number of regulatory actions.

Comparable provisions were not proposed in the Senate subcommittee draft. 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, but may impact EPA, are listed separately in

Table 8. The tables contain information about the provisions, including the associated sections of

the bill (or relevant conference report citation with regard to EPA’s ISIS program).

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

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

FY2011 funds to implement EPA regulatory activities.24 These provisions were not included in

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

contained in P.L. 112-74 and H.R. 2584 as reported that are similar or the same as provisions

proposed in H.R. 1 as passed by the House February 19, 2011, are denoted in the first column of

each of the following tables.

(...continued)

Provisions, 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, 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

Environmental Protection Agency (EPA) FY2012 Appropriations

Table 2. EPA Air Quality, Climate Change, and

Greenhouse Gas Emissions Program Activities Provisions

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

H.R. 2584 as reported

EPA Program

Activity/Program

Description

Climate change

reporting use of

funds (all federal

departments and

agencies)

Greenhouse gas

emissions: manure

mgt.

P.L. 112-74

Section

Bill text

Sec. 426.

Title IV

“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.”

Sec. 425.

Title IV Div. E

REPORT ON

CLIMATE

CHANGE

FUNDS

“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, 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”

“ 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.”

Sec. 427.

Title IV Div E.

GREENHOUSE

GAS REPORTING

RESTRICTIONS

“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.”

REPORT ON

CLIMATE

CHANGE

FUNDS

Sec. 429.

Title IV

GREENHOUSE

GAS

REPORTING

RESTRICTIONS

Congressional Research Service

Section

Text

Environmental Protection Agency (EPA) FY2012 Appropriations

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

H.R. 2584 as reported

EPA Program

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.)

(See Sec. 1746 of Title

VII in Division B, and

Sec. 4015 Division D

in House-passed H.R.

Section

Sec. 431. Title

IV STATIONARY

SOURCE

GREENHOUSE

GAS

PROHIBITION

Bill text

“(a) During the one year period commencing

on the date of enactment of this Act—

P.L. 112-74

Section

Text

No comparable provision

(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;

(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

Environmental Protection Agency (EPA) FY2012 Appropriations

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

H.R. 2584 as reported

EPA Program

Activity/Program

Description

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))

Section

Sec. 453.

Title IV MOBILE

SOURCE

EMISSION

Bill text

P.L. 112-74

Section

“None of the funds made available under this

Act shall be used-

Text

No comparable provision

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

implement, or enforce any regulation

pursuant to section 202 of the Clean Air Act

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

any greenhouse gas emissions from new

motor vehicles or new motor vehicle engines

that are manufactured after model year 2016

to address climate change; or

(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.”

Title V of the Clean

Air Act (42 U.S.C.

7661 et seq.):

livestock production

Sec. 428.

Title IV

PROHIBITION

ON USE OF

FUNDS

“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.”

Congressional Research Service

Sec. 426.

Title IV Div. E

PROHIBITION

ON USE OF

FUNDS

“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.”

Environmental Protection Agency (EPA) FY2012 Appropriations

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

H.R. 2584 as reported

EPA Program

Activity/Program

Description

Flexible air

permitting programs

multiple source

emissions Section

110 of the Clean Air

Act (42 U.S.C.

7410)

Section

Sec. 441. Title

IV FLEXIBLE AIR

PERMITTING

PROGRAMS

Bill text

P.L. 112-74

Section

“The Administrator of the Environmental

Protection Agency—

Text

No comparable provision

(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.”

Clean Air Act

permits issued for

Outer Continental

Shelf Sources

Section 328 of the

Clean Air Act (42

U.S.C. 7627)

(See Sec. 4014

Division D of Housepassed H.R. 1)

Sec. 443.

Title IV

Air EMISSIONS

FROM OUTER

CONTINENTAL

SHELF

OPERATIONS

“(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’.

Congressional Research Service

Sec. 432.

Title IV Div. E

Air EMISSIONS

FROM OUTER

CONTINENTAL

SHELF

OPERATIONS

(a) It is the purpose of this

section to ensure that the energy

policy of the United States

focuses on the expeditious and

orderly development of domestic

energy resources in a manner

that protects human health and

the environment.

(b) Section 328(a)(1) of the

Clean Air Act (42 U.S.C.

7627(a)(1)) is amended—(1) in

the first sentence, by inserting

‘‘(other than Outer Continental

Shelf sources located offshore of

the North Slope Borough of the

State of Alaska)’’ after ‘‘Outer

Continental Shelf sources located

offshore of the States along the

Pacific, Arctic and Atlantic

Coasts’’; and (2) in the fourth

sentence, by inserting ‘‘and this

Act’’ after ‘‘regulations’’.

Air Act (42 U.S.C. 7627(b)) is

Environmental Protection Agency (EPA) FY2012 Appropriations

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

H.R. 2584 as reported

EPA Program

Activity/Program

Description

Section

Bill text

(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)’.”

P.L. 112-74

Section

Text

amended in the first sentence—

(1) by striking ‘‘Gulf Coast’’; and

(2) by inserting ‘‘or are adjacent

to the North Slope Borough of

the State of Alaska’’ after

‘‘Alabama’’.

(d) The transfer of air quality

permitting authority pursuant to

this section shall not invalidate or

stay—

‘(1) any air quality permit pending

or existing as of the date of the

enactment of this Act; or (2) any

proceeding related thereto.

(e)(1) The Comptroller General

of the United States shall

undertake a study on the process

for air quality permitting in the

Outer Continental Shelf.

‘(2) The study shall consist of a

comparison of air quality

permitting for Outer Continental

Shelf sources (as such term is

defined in section 328(a)(4) of

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

7627(a)(4)) by the Department

of the Interior with such

permitting by the Environmental

Protection Agency, taking into

account the time elapsed

between application and permit

approval, the number of

applications, and the experiences

and assessments of the

applicants.

‘(3) In carrying out the study, the

Comptroller General shall

consult with the Administrator of

the Environmental Protection

Agency, the Secretary of the

Interior, and applicants for air

quality permits.

‘(4) The Comptroller General

shall complete the study and

submit a report on the results of

the study to the Congress not

later than September 30, 2014 -

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

H.R. 2584 as reported

EPA Program

Activity/Program

Description

Hazardous Air

pollutants Portland

cement

manufacturing

Section

Cumulative impact

analysis of multiple

EPA regulations and

associated actions;

primarily those

under the Clean Air

Act

Text

“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.).”

No comparable provision

Sec. 454.

Title IV

“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).”

No comparable provision

“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).”

No comparable provision

“(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:

No comparable provision

PARTICULATE

MATTER

(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)

Section

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)

Bill text

P.L. 112-74

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).

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

H.R. 2584 as reported

EPA Program

Activity/Program

Description

Section

Bill text

P.L. 112-74

Section

Text

Hazardous Air Pollutants 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 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 Oilfired Electric Utility Steam Generating Units

and Standards of Performance for Fossil-FuelFired Electric Utility, Industrial-CommercialInstitutional, and Small Industrial-CommercialInstitutional 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).

national ambient air quality standard under

section 109 of the Clean Air Act (42 U.S.C.

7409).

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

H.R. 2584 as reported

EPA Program

Activity/Program

Description

Section

Bill text

P.L. 112-74

Section

Text

(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 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.

action with respect 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

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

H.R. 2584 as reported

EPA Program

Activity/Program

Description

Section

Bill text

P.L. 112-74

Section

Text

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: P.L. 112-74, the Consolidated Appropriations Act,

2012; and H.R. 2584, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012,

as reported by the House Committee on Appropriations July 19, 2011.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Table 3. EPA Water Quality Program Activities Provisions

Water Quality Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

EPA Program

Activity/Program

Description

Surface coal mining

Clean Water Act

guidance

(See Sec. 4039

Division D of

House-H.R. 1)

H.R. 2584 as reported

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

P.L. 112-74

Section

Text

No 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

(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

under the jurisdiction

of the Federal Water

Pollution Control Act

(33 U.S.C. 1251 et

seq.)

(See Sec. 1747 Title

VII Division B of

House-passed H.R.

Sec. 435.

Title IV

WATERS OF THE

UNITED

“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.).”

Congressional Research Service

No comparable provision

Environmental Protection Agency (EPA) FY2012 Appropriations

Water Quality Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

EPA Program

Activity/Program

Description

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))

H.R. 2584 as reported

Section

Bill text

Sec. 436.

Title IV

THERMAL

“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)).”

DISCHARGES

Sec. 438.

Title IV

SILVICULTURAL

ACTIVITIES

“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:

‘(3) SILVICULTURAL ACTIVITIESThe 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.”

Congressional Research Service

P.L. 112-74

Section

Text

No comparable provision

Sec. 429.

Title IV Div E

SILVICULTURAL

ACTIVITIES

“From the date of enactment of

this Act until September 30,

2012, the Administrator of the

Environmental Protection Agency

shall not require a permit under

section 402 of the Federal Water

Pollution Control Act (33 U.S.C.

1342), 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.”

Environmental Protection Agency (EPA) FY2012 Appropriations

Water Quality Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

EPA Program

Activity/Program

Description

Sec. 402(p) of the

Federal Water

Pollution Control

Act (33 U.S.C.

1342(p))

H.R. 2584 as reported

Section

Bill text

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—

STORMWATER

DISCHARGE

P.L. 112-74

Section

Text

No comparable provision

(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

(See Sec. 4035

Division D of Housepassed H.R. 1)

Sec. 452.

Title IV

WATER

QUALITY

STANDARDS

“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.).”

Congressional Research Service

No comparable provision

Environmental Protection Agency (EPA) FY2012 Appropriations

Water Quality Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

EPA Program

Activity/Program

Description

H.R. 2584 as reported

Section

Bill text

Wetlands

designations in

emergencies

Sec. 456.

Title IV

WETLAND

“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).”

No comparable provision

“(a) Prohibition- None of the funds

made available by this Act for the

Environmental Protection Agency

shall be provided to any State that—

No comparable provision

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

P.L. 112-74

Section

Text

(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

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

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Water Quality Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

EPA Program

Activity/Program

Description

H.R. 2584 as reported

Section

Bill text

P.L. 112-74

Section

Text

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.

the nearest land or a 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).”

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Water Quality Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

EPA Program

Activity/Program

Description

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,

Fungicide, and

Rodenticide Act (7

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

also Table 7)

H.R. 2584 as reported

Section

Bill text

Title V “SEC. 501. SHORT TITLE. This title

REDUCING may be cited as the ‘Reducing

REGULATORY Regulatory Burdens Act of 2011’.

BURDENS ACT

OF 2011 SEC. 502. USE OF AUTHORIZED

PESTICIDES.

P.L. 112-74

Section

Text

No comparable provision

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:

‘(5) USE OF AUTHORIZED

PESTICIDES- Except as provided in

section 402(s) of the Federal Water

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 REQUIREMENTExcept 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

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Water Quality Provisions in P.L. 112-74

and Proposed in House Committee Reported H.R. 2584

EPA Program

Activity/Program

Description

H.R. 2584 as reported

Section

Bill text

P.L. 112-74

Section

Text

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: P.L. 112-74, the Consolidated Appropriations Act,

2012 and H.R. 2584, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012,

as reported by the House Committee on Appropriations July 19, 2011.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Table 4. EPA Hazardous Waste Program Activities

Hazardous Waste Program Activities: Provisions Proposed in

House Committee-Reported H.R. 2584 (no comparable provisions in P.L. 112-74)

EPA Program

Activity/Program

Description

Fossil fuel

combustion waste,

subtitle C of the Solid

Waste Disposal Act

(42 U.S.C. 6921 et

seq.)

(See Sec 4045

Division D of Housepassed H.R. 1)

H.R. 2584 as Reported

Section

Bill text

Sec. 434. Title IV “None of the funds made available by this

COAL Act may be used by the Environmental

COMBUSTION ASH 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.”

P.L. 112-74

Section

Text

No comparable provision

Source: Prepared by CRS based on provisions as contained in: P.L. 112-74, the Consolidated Appropriations Act,

2012; and H.R. 2584, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012,

as reported by the House Committee on Appropriations July 19, 2011.

Table 5. EPA Superfund Program Provisions

EPA Superfund Program: Provisions Proposed in

House Committee-Reported H.R. 2584 (no comparable provisions in P.L. 112-74)

EPA Program

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))

H.R. 2584 as Reported

Section

Bill text

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

FINANCIAL may be used to develop, propose, finalize,

ASSURANCE implement, enforce, or 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)).”

P.L. 112-74

Section

Text

No comparable provision

Source: Prepared by CRS based on provisions as contained in P.L. 112-74, the Consolidated Appropriations Act,

2012; and H.R. 2584, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012,

as reported by the House Committee on Appropriations July 19, 2011.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Table 6. EPA Toxic Chemical Regulatory Programs

Toxic Chemical Regulatory Programs: Provisions Proposed in House Committee-Reported H.R. 2584

(no comparable provisions in P.L. 112-74; Conference Report contained comparative language)

EPA Program

Activity/Program

Description

Integrated Risk

Information System

(IRIS) Assessment

H.R. 2584 as Reported

Section

Sec. 444. Title IV

INTEGRATED RISK

INFORMATION

SYSTEM (IRIS) [of

Formaldehyde]

Bill text

“ (a) The Administrator of the

Environmental Protection Agency (EPA)—

(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

Congressional Research Service

P.L. 112-74

Section

Text

No comparable provision however,

H.Rept. 112-331 (p.1,072) Title II Division E

Science and Technology INTEGRATED RISK

INFORMATION SYSTEM (IRIS), contained

comparative guidance and recommendations:

“In lieu of the directives contained in H.Rept.

112-151 regarding the Integrated Risk

Information System, the conferees agree to

the following:

(1) Fundamental improvements to the

policies and practices of this program are

necessary to ensure that IRIS assessments

reflect the highest standard of scientific

inquiry.

(2) The Agency shall incorporate, as

appropriate, based on chemical-specific

datasets and biological effects, the

recommendations of Chapter 7 of the

National Research Council’s Review of the

Environmental Protection Agency’s Draft IRIS

Assessment of Formaldehyde into the IRIS

process.

(3) The Agency shall issue a progress report

to House and Senate Committees on

Appropriations and relevant Congressional

authorizing committees no later than March

1, 2012, describing its implementation of the

National Research Council’s Chapter 7

recommendations for ongoing and new

assessments.

(4) For draft assessments released in fiscal

year 2012, the Agency shall include

documentation describing how the Chapter 7

recommendations of the National Academy

of Sciences (NAS) have been implemented or

addressed, including an explanation for why

certain recommendations were not

incorporated.

(5) The Agency shall contract with NAS to

conduct up to three reviews of IRIS

assessments that EPA seeks to make final.

Reviews shall include an evaluation of

whether the recommendations it made in

previous reviews, including in Chapter 7 of

the National Research Council’s Review of

the Environmental Protection Agency’s Draft

IRIS Assessment of Formaldehyde, have been

Environmental Protection Agency (EPA) FY2012 Appropriations

Toxic Chemical Regulatory Programs: Provisions Proposed in House Committee-Reported H.R. 2584

(no comparable provisions in P.L. 112-74; Conference Report contained comparative language)

EPA Program

Activity/Program

Description

H.R. 2584 as Reported

Section

Bill text

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).

for expenditure by EPA for further action

of any kind on any proposed rule,

regulation, guidance, goal, or permit,

issued after 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 commerciallyavailable lead test kit that meets both

criteria under section 745.88(c) of title 40,

Code of Federal Regulations.”

P.L. 112-74

Section

Text

implemented. Reviews are not intended to

unduly delay the Agency’s risk assessment

process. The conferees further direct NAS

to complete any reviews authorized by this

paragraph by no later than 18 months after

the date that EPA and the NAS have agreed

to the terms of the review. One of these

NAS reviews shall be a study of the cancer

and non-cancer hazards from oral exposure

to inorganic arsenic. The NAS review of

inorganic arsenic shall incorporate the

direction provided in H.Rept. 112-151

regarding parameters of the study. Additional

reviews will be chosen by NAS from a

representational sample of IRIS assessments

and NAS will notify Congress directly of

these choices.

(6) Further, the conferees strongly believe

any current and future IRIS assessments must

not only be grounded in sound, objective,

and peer-reviewed science and

methodologies but should also provide risk

managers with realistic values that will result

in enhanced protection of human health.

No comparable provision

Source: Prepared by CRS based on provisions as contained in P.L. 112-74, the Consolidated Appropriations Act,

2012 and language in H.Rept. 112-331, and provisions as contained in H.R. 2584, the Department of the Interior,

Environment, and Related Agencies Appropriations Act, 2012, as reported by the House Committee on

Appropriations July 19, 2011.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Table 7. EPA Pesticide Programs Provisions

Pesticide Programs: Provisions Proposed in House Committee-Reported H.R. 2584

(no comparable provisions in P.L. 112-74)

EPA Program

Activity/Program

Description

Pesticide Label

requirements under

FIFRA

Pesticide

registration under

FIFRA and NEPA

requirements

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 402 of

the Federal Water

Pollution Control

Act (33 U.S.C.

1342) (see also

Table 3)

H.R. 2584 as Reported

Section

Bill text

P.L. 112-74

Section

Text

Sec. 406. “None of the funds made available by this

Title IV PESTICIDE 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).”

No comparable provision

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

Title IV Act may be used to modify, cancel, or

BIOLOGICAL suspend the registration of a pesticide

OPINIONS registered or reregistered under section 3

or 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)).”

No comparable provision

Title V REDUCING SEC. 501. SHORT TITLE. This title may be

REGULATORY cited as the ‘Reducing Regulatory Burdens

BURDENS ACT OF Act of 2011’.

2011

SEC. 502. USE OF AUTHORIZED

PESTICIDES.

No comparable provision

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:

‘(5) USE OF AUTHORIZED PESTICIDESExcept as provided in section 402(s) of the

Federal Water 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

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Pesticide Programs: Provisions Proposed in House Committee-Reported H.R. 2584

(no comparable provisions in P.L. 112-74)

EPA Program

Activity/Program

Description

H.R. 2584 as Reported

Section

Bill text

P.L. 112-74

Section

Text

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: P.L. 112-74, the Consolidated Appropriations Act,

2012; and H.R. 2584, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012, as

reported by the House Committee on Appropriations July 19, 2011.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Table 8. Related Provisions Not Under EPA’s Jurisdiction

Related Provisions Not Under EPA’s Jurisdiction Proposed in House CommitteeReported H.R. 2584 (no comparable provisions in P.L. 112-74)

EPA Program

Activity/Program

Description

Office of Mining

Reclamation and

Enforcement, Dept. of

the Interior stream

buffer zone

(Not EPA)

H.R. 2584 as Reported

Section

Sec. 432.

Title IV STREAM

BUFFERS

(See Sec. 4032

Division D of Housepassed 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.”

P.L. 112-74

Section

Text

No comparable provision

Source: Prepared by CRS based on provisions as contained in: P.L. 112-74, the Consolidated Appropriations Act,

2012; and H.R. 2584, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012, as

reported by the House Committee on Appropriations July 19, 2011.

Congressional Research Service

Environmental Protection Agency (EPA) FY2012 Appropriations

Appendix. EPA Enacted Appropriations,

FY2008-FY2012

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

by Congress within eight statutory appropriations accounts.25 Table A-1 identifies the amounts

for the appropriations enacted by Congress for FY2008 through FY2012 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-FY2012 Enacted

(millions of dollars)

FY2008

P.L. 110161

FY2009

Omnibus

P.L. 111-8

FY2009

Total Incl.

ARRA

P.L. 111-5

—Base Appropriations

$760.1

$790.1

$848.1a

$813.5

$795.0

—Transfer in from Superfund

+$25.7

+$26.4

+$26.8

+$23.0

Science and Technology Total

$785.8

$816.5

$874.9

$840.3

$818.0

$2,328.0

$2,392.1

$2,993.8

$2,756.5

$2,682.5

—Base Appropriations

$41.1

$44.8

$64.8

$44.8

$44.7

$42.0

—Transfer in from Superfund

+$11.5

+$10.0

Office of Inspector General Total

$52.6

$54.8

$74.8

$54.8

$54.7

$52.0

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

$1,215.8

—Transfer out to Office of Inspector General

-$11.5

-$10.0

—Transfer out to Science and Technology

-$25.7

-$26.4

-$26.8

-$23.0

Hazardous Substance Superfund (after transfers)

$1,216.8

$1,248.6

$1,848.6

$1,269.7

$1,244.2

$1,182.8

Leaking Underground Storage Tank Trust

Fund Program

$105.8

$112.6

$312.6

$113.1

$112.9

$104.3

Inland Oil Spill Program (“Oil Spill Response

Program” prior to FY2012)

$17.1

$17.7

$18.4

$18.3

FY2010

FY2011

FY2012

P.L. 111-88 P.L. 112-10 P.L. 112-74

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

Environmental Protection Agency (EPA) FY2012 Appropriations

FY2008

P.L. 110161

FY2009

Omnibus

P.L. 111-8

FY2009

Total Incl.

ARRA

P.L. 111-5

—Clean Water State Revolving Fund

$689.1

$4,689.1

$2,100.0

$1,522.0

$1,468.8

—Drinking Water State Revolving Fund

$829.0

$2,829.0

$1,387.0

$963.1

$919.4

—Special (Congressional) Project Grants

$132.9

$145.0

$156.8

$0.0

$1,078.3

$1,094.9

$1,116.4

$1,104.2

$1,090.6

—Brownfields Section 104(k) Grants

$93.5

$97.0

$197.0

$100.0

$99.8

$95.0

—Diesel Emission Reduction Grants

$49.2

$60.0

$360.0

$60.0

$49.9

$30.0

—Other State and Tribal Assistance Grants

$54.2

$53.5

$50.0

$20.0

$15.0

State and Tribal Assistance Grants Total

$2,926.2

$2,968.5

$9,368.5

$4,970.2

$3,758.9

$3,618.7

-$5.0

-$10.0

-$40.0

-$140.0

-$50.0

$7,461.5

$7,635.7

$14,855.7

$10,291.9a

$8,682.1

$8,463.0c

FY2010

FY2011

FY2012

P.L. 111-88 P.L. 112-10 P.L. 112-74

State and Tribal Assistance Grants (STAG)

—Categorical Grants

Rescissions (various EPA accounts)b

Total EPA Accounts

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 the 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 the Supplemental Appropriations Act, 2010 (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.

FY2012 enacted amounts are as presented in P.L. 112-74 and the conference report (H.Rept. 112-331),

which do not reflect a 0.16% across-the-board rescission required in Section 436 of P.L. 112-74. EPA is

directed to apply this rescission to the amounts specified in the law.

Author Contact Information

(name redacted)

Specialist in Environmental Policy

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

Congressional Research Service

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