.

Environmental Protection Agency (EPA)
FY2012 Appropriations: Overview of
Provisions in H.R. 2584
Robert Esworthy
Specialist in Environmental Policy
August 31, 2011
Congressional Research Service
7-5700
www.crs.gov
R41979
CRS Report for Congress
Pr
epared for Members and Committees of Congress
c11173008

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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

Summary
On July 19, 2011, the House Appropriations Committee reported H.R. 2584 (H.Rept. 112-151)
with $27.52 billion in appropriations for FY2012 for Interior, Environment, and Related
Agencies. Title II of H.R. 2584 as reported would provide a total of $7.15 billion for the
Environmental Protection Agency (EPA), $1.82 billion (20%) less than the President’s FY2012
request of $8.97 billion, and $1.53 billion (18%) less than the FY2011 enacted appropriation of
$8.68 billion. In addition to funding priorities among the various EPA programs and activities,
H.R. 2584 as reported included more than 25 provisions that would restrict or preclude the use of
FY2012 funds by EPA for implementing or proceeding with a number of recent and pending EPA
regulatory actions. In addition, nearly 250 amendments, including several regarding EPA, were
under consideration during floor debate which was suspended on July 28, 2011. As of the date of
this report, the Senate Appropriations Committee had not reported a FY2012 appropriations bill
for Interior, Environment, and Related Agencies.
Several EPA regulatory actions have been the focus of considerable attention during House and
Senate oversight committee hearings more broadly, as well as, during appropriations committee
hearings and House floor debate of the FY2012 appropriations. The provisions included in H.R.
2584 as reported, and many of the floor amendments considered and pending, cut across the
various environmental pollution control statutes’ programs and initiatives, such as those that
address greenhouse gas emissions, hazardous air pollutants, particulate matter emissions,
permitting of new source air emissions, water quality impacts of mountaintop mining operations,
management of coal ash, lead-based paint removal, environmental impacts associated with
livestock operations, financial responsibility with respect to Superfund cleanup, and stormwater
discharge. Further, Title V of the committee-reported bill, “Reducing Regulatory Burdens Act of
2011,” included amendments to the Clean Water Act and the Federal Insecticide, Rodenticide, and
Fungicide Act in response to EPA’s consideration of requiring permits under the Clean Water Act
for point source discharges of pesticides in or near U.S. waters. Several of these EPA activities
have also been included in other proposed legislation.
To date, House floor debate on H.R. 2584 has not been completed. This report provides a
summary of funding levels for EPA accounts and program activities specified in H.R. 2584 as
reported by the House Appropriations Committee. This report also identifies selected provisions
regarding EPA program activities as presented in the reported bill. Only those provisions that are
clearly identifiable by specific language or references contained in the bill are included.
Amendments that were voted on and pending during initial floor debate at the end of July 2011
are not included. The information presented throughout this report is primarily an extraction of
the bill language for purposes of reference and is not intended to provide a comprehensive
analysis of all provisions in H.R. 2584 as reported that may directly or indirectly affect EPA
programs if enacted.

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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

Contents
Introduction...................................................................................................................................... 1
House Committee-Reported H.R. 2584: EPA Funding.................................................................... 3
House Committee-Reported H.R. 2584: Selected Provisions Regarding EPA Actions................... 6

Tables
Table 1. EPA Appropriations by Account: FY2012 Proposed (H.R. 2584), FY2012
President’s Budget Request, and FY2011 and FY2010 Enacted.................................................. 4
Table 2. EPA Air Quality, Climate Change, and Greenhouse Gas Emissions Program
Activities Provisions..................................................................................................................... 8
Table 3. EPA Water Quality Program Activities Provisions .......................................................... 14
Table 4. EPA Hazardous Waste Program Activities....................................................................... 18
Table 5. EPA Superfund Program Provisions ................................................................................ 18
Table 6. EPA Toxic Chemical Regulatory Programs ..................................................................... 19
Table 7. EPA Pesticide Programs Provisions ................................................................................. 20
Table 8. Related Provisions Not Under EPA’s Jurisdiction............................................................ 22
Table A-1. Appropriations for the Environmental Protection Agency:
FY2008-FY2011 Enacted........................................................................................................... 23

Appendixes
Appendix. EPA Enacted Appropriations FY2008-FY2011............................................................ 23

Contacts
Author Contact Information........................................................................................................... 24

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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

Introduction
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. Since
FY2006, Congress has funded EPA programs and activities within the Interior, Environment, and
Related Agencies appropriations bill.1
On July 19, 2011, the House Appropriations Committee reported H.R. 2584 (H.Rept. 112-151)
which included $27.52 billion in appropriations for FY2012 for Interior, Environment, and
Related Agencies. Title II of H.R. 2584 as reported would provide a total of $7.15 billion for the
EPA, $1.82 billion (20%) less than the President’s FY2012 request of $8.97 billion submitted to
Congress on March 1, 2011, and $1.53 billion (18%) less than the FY2011 enacted appropriation
of $8.68 billion. H.R. 2584 as reported reflected a decrease for each of the EPA’s eight regular
appropriations accounts compared to the President’s FY2012 request and all except the Building
and Facilities account (House-reported bill included same level as enacted) compared to FY2011
enacted appropriations.
Many of the federal departments and agencies included in H.R. 2584, as reported by the House
Committee, generally would be funded at levels below the FY2010 and FY2011 enacted
appropriations, as well as those included in the President’s FY2012 request. The House-reported
bill also included numerous funding modifications and restrictions for many accounts across the
various departments and agencies, including several EPA accounts and program activities. Several
recent and pending EPA regulatory actions2 have been the focus of considerable attention in
Congress during hearings and markup of EPA’s FY2012 appropriations, and authorizing
committees have been addressing EPA regulatory actions through hearings and legislation.
As reported, H.R. 2584 contained more than 30 provisions that would restrict or preclude the use
of FY2012 funds by EPA for implementing or proceeding with a number of regulatory actions.
Theses provisions include more than 20 provisions proposed by the subcommittee3 (primarily in
Title IV Administrative Provisions), and eight amendments added during full committee markup.4
Concerns regarding these EPA actions continued to be raised during House floor debate and were

1 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.
2 For a discussion of selected EPA regulatory actions, see CRS Report R41561, EPA Regulations: Too Much, Too
Little, or On Track?, by James E. McCarthy and Claudia Copeland.
3 “Subcommittee” refers to the Subcommittee on Interior, Environment, and Related Agencies.
4 Amendments considered during markup that would have removed several of the administrative provisions, including
many of those affecting EPA, were defeated.
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

among an estimated 250 amendments considered and pending prior to suspension of floor debate
on July 28, 2011.5
If the reported bill were enacted, the provisions and amendments retained would impact ongoing
and anticipated EPA activities including those addressing greenhouse gas emissions, hazardous
air pollutants, particulate matter emissions, permitting of new source air emissions, water quality
impacts of mountaintop mining operations, management of coal ash, lead-based paint removal,
environmental impacts associated with livestock operations, financial responsibility with respect
to Superfund cleanup, and stormwater discharge.6 Further, Title V of the committee-reported bill,
“Reducing Regulatory Burdens Act of 2011,” included amendments to the Clean Water Act and
the Federal Insecticide, Rodenticide, and Fungicide Act in response to EPA’s consideration of
requiring permits under the Clean Water Act for point source discharges of pesticides in or near
U.S. waters.7
In response to congressional interest in the level of appropriations and several of the provisions
affecting EPA program activities in H.R. 2584 as reported by the House Appropriations
Committee, this report highlights a number of these provisions and provides a summary of
funding levels for EPA accounts and program activities specified in the House Committee-
reported bill. Only those provisions affecting EPA programs that are clearly identifiable by
specific language or references in the bill are included in this report. The information primarily is
a compilation of excerpts of the bill language for purposes of reference and is not intended to
provide a complete listing and analysis of all provisions contained in H.R. 2584 as reported that
may otherwise directly or indirectly affect EPA programs.
The following section of this report provides an overview of funding levels for FY2012 as
specified in H.R. 2584 as reported, compared to enacted amounts for FY2010 in P.L. 111-88 and
FY2011 in P.L. 112-10, and as proposed in the President’s FY2012 request. For purposes of
historical comparison, Table A-1 in the Appendix of this report shows EPA enacted
appropriations by account for FY2008 through FY2011. The overview of funding levels is
followed by a series of tables that present a compilation of excerpts of provisions in H.R. 2584 as
reported for selected EPA programs and activities that have received prominent attention during
deliberations on the FY2012 appropriations. Amendments that were agreed to or failed during
floor debate, as well as proposed amendments pending actions, are not included in the tables as
House floor debate was not completed.

5 House Congressional Record H5688-5693, July 28, 2011.
6 Although generally not enacted in the FY2011 appropriations law, more than 20 provisions that would have restricted
and prohibited the use of FY2011 funds to implement a subset of these regulatory activities were included in an earlier
House-passed bill (H.R. 1). For an overview of funding levels and provisions contained in House-passed H.R. 1 and
S.Amdt. 149, and a comparison with the FY2011 requested and FY2010 enacted funding levels, see CRS Report
R41698, H.R. 1 Full-Year FY2011 Continuing Resolution: Overview of Environmental Protection Agency (EPA)
Provisions, by Robert Esworthy.
7 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 Claudia
Copeland.
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

House Committee-Reported H.R. 2584: EPA
Funding8
Concerns regarding EPA’s FY2012 funding have generally focused on federal financial assistance
for environmental cleanup of Superfund sites, wastewater and drinking water infrastructure
projects,9 grants to assist states in implementing air pollution control requirements, and climate
change research and related activities. There also has been interest in funding for geographic-
specific water quality initiatives (e.g., the Great Lakes Restoration Initiative, and efforts to restore
the Chesapeake Bay and Puget Sound).
Since FY1996, EPA’s funding has been requested by the Administration and appropriated by
Congress under eight statutory accounts. Table 1 presents the FY2012 amounts as approved for
EPA by the House Appropriations Committee in H.R. 2584 compared to the President’s FY2012
budget request, and the appropriations enacted in FY2011 and FY2010 for the eight accounts that
fund the agency.10 The table includes a brief description of the programs and activities funded
within each of the accounts. Note that the former name of the “Oil Spill Response” account was
changed in the President’s FY2012 request to “Inland Oil Spill Program” to more clearly reflect
the agency’s jurisdiction for oil spill response only in the inland zone.
As indicated in the table, the House Appropriations Committee approved a decrease from the
President’s FY2012 request and the FY2011 and FY2010 enacted levels for each of the eight
accounts (except the Building and Facilities account which is the same as FY2011), with most of
the decrease in two accounts: Environmental Programs and Management, and State and Tribal
Assistance Grants (STAG). The roughly 55% reduction within the STAG account is reflected
primarily in the reduction (to the FY2008 level) for grants to aid states to capitalize their Clean
Water State Revolving Funds (SRFs). The Drinking Water SRF also was reduced to the FY2008
level, though the magnitude of decrease was smaller than the decrease for the Clean Water SRF.
Although the House Committee proposed mostly decreases for individual programs and activities
funded within each of the eight appropriations accounts, there are a few examples where funding
levels were maintained or increased compared to FY2011 levels.11
In addition to the funding amounts presented by account below, the “Administrative Provisions”
for EPA in Title II of H.R. 2584 included a rescission of $140.0 million from unobligated
balances funded through the STAG and the Hazardous Substance Superfund accounts. 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.

8 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 Carol Hardy
Vincent. For a more detailed analysis of EPA’s FY2011 appropriations and discussion of EPA funding levels
historically, see CRS Report R41149, Environmental Protection Agency (EPA): Appropriations for FY2011, by Robert
Esworthy et al.
9 See CRS Report 96-647, Water Infrastructure Financing: History of EPA Appropriations, by Claudia Copeland.
10 See Table A-1 in the Appendix of this report for a comparison across the EPA appropriations by account for
FY2008 through FY2011 enacted.
11 See table at the end of H.Rept. 112-151(pp. 192-200) accompanying H.R. 2584.
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

111-88 included a $40.0 million rescission of unobligated balances available from the STAG and
the Hazardous Substance Superfund accounts.
Table 1. EPA Appropriations by Account: FY2012 Proposed (H.R. 2584), FY2012
President’s Budget Request, and FY2011 and FY2010 Enacted
(dollars in millions)
FY2012
FY2011
House Comm.-
FY2010
P.L. 112-10
FY2012
Reported
P.L. 111-88
Div. B
President’s
H.R. 2584
Eight EPA Accounts/Program Purpose
Title II
Title VII
Request
Title II
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 specifical y to support Superfund
program research. The account funds the development of
the scientific knowledge and tools necessary to inform
EPA's formulation of pol ution control regulations,
standards, and agency guidance.
Base Prior to Transfers from Hazardous Substance
$848.1
$813.5
$825.6
$754.6
Superfund Account
—Transfer from Hazardous Substance Superfund
+$26.8 +$26.8 +$23.0
+$23.0
Environmental Programs and Management (EPM)
funds a range of activities involved in EPA’s development of
pol ution control regulations and standards, and
$2,993.8 $2,756.5 $2,876.6
$2,498.4
enforcement of requirements across multiple
environmental media, such as air and water quality
Geographic Programs—EPM account includes funding for
geographic/ecosystem programs to address certain
environmental and human health risks in a number of
$608.4 $416.0 $463.0
$346.3
identified areas of the United States, which often involve
collaboration among EPA, state and local governments,
communities, and nonprofit organizations.
—Great Lakes Restoration Initiative
$475.0
$299.4
$350.0
$250.0
—Chesapeake Bay Program
$50.0
$54.4
$67.4
$50.0
—Puget Sound
$50.0
$38.1
$19.3
$30.0
Office of Inspector General (OIG) is provided
appropriations directly and Congress appropriates
additional funds as transfers from the Hazardous Substance
Superfund account to the OIG account specifical y 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.
Base Prior to Transfers from Hazardous Substance
$44.8 $44.7 $46.0
$41.1
Superfund Account
—Transfer from Hazardous Substance Superfund
+$10.0 +$10.0 +$10.0
+$10.0
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

FY2012
FY2011
House Comm.-
FY2010
P.L. 112-10
FY2012
Reported
P.L. 111-88
Div. B
President’s
H.R. 2584
Eight EPA Accounts/Program Purpose
Title II
Title VII
Request
Title II
Building and Facilities funds the construction, repair,
improvement, extension, alteration, and purchase of fixed
$37.0 $36.4 $42.0
$36.4
equipment and facilities owned or used by EPA.
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.
Total Prior to Transfers to Other EPA Accounts
$1,306.5 $1,280.9 $1,236.2 $1,224.3
—Transfer out to Office of Inspector General
-$10.0 -$10.0 -$10.0
-$10.0
—Transfer out to Science and Technology
-$26.8 -$26.8 -$23.0
-$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
$113.1 $112.9 $112.5
$105.7
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.
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
$18.4 $18.3 $23.7 $18.3
Oil Pol ution Act of 1990, the U.S. Coast Guard has
jurisdiction over oil spills in the coastal zone of the United
States.
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
$4,970.2 $3,758.9 $3,860.4
$2,610.4
funds other water infrastructure grants, and categorical
grants to states and tribes for numerous pol ution control
activities under the various statutes.
—Clean Water State Revolving Fund
$2,100.0
$1,522.0
$1,550.0
$689.0
—Drinking Water State Revolving Fund
$1,387.0
$963.1
$990.0
$829.0
—Mexican Border
$17.0 $10.0 $10.0
$0.0
—Alaska Native Villages
$13.0 $10.0 $10.0
$0.0
—Special (Congressional) Infrastructure Grants
$156.8
$0.0
$0.0
$0.0
—Brownfields Section 104(k) Grants
$100.0 $99.8 $99.0
$60.0
—Diesel Emission Reduction Grants
$60.0 $49.9 $0.0
$30.0
—Targeted Airshed Grants
$20.0 $0.0 $0.0
$0.0
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

FY2012
FY2011
House Comm.-
FY2010
P.L. 112-10
FY2012
Reported
P.L. 111-88
Div. B
President’s
H.R. 2584
Eight EPA Accounts/Program Purpose
Title II
Title VII
Request
Title II
—Categorical Grants
$1,116.4 $1,104.2 $1,201.4
$1,002.4
Climate Change Grants to Local Governments
$10.0 $0.0 $0.0
$0.0
Rescissions
-$40.0
-$140.0
-$50.0
-$140.0
(unobligated
(unobligated
(prior fiscal
(unobligated
balances
balances
years’
balances from
from the
from the
unobligated
the STAG and
STAG and
STAG
balances)
the Hazardous
the
account)
Substance
Hazardous
Superfund
Substance
accounts)
Superfund
accounts)
Source: Prepared by Congressional Research Service: FY2010 enacted appropriations are from the conference report (H.Rept.
111-316, pp. 240–244) accompanying the Interior, Environment, and Related Agencies Appropriations Act for FY2010 (P.L. 111-88);
the base appropriations for the S&T account includes $2.0 million in supplemental appropriations under P.L. 111-212, Title II, for
research on human health and environmental impacts associated with the Deepwater Horizon incident and mitigation measures
employed. The FY2011enacted amounts, President’s FY2010 requested amounts, and FY2012 amounts for H.R. 2584 are as
reported in H.Rept. 112-151.
House Committee-Reported H.R. 2584: Selected
Provisions Regarding EPA Actions
During the past two years, EPA has proposed and promulgated numerous regulations
implementing provisions of the 12 primary federal pollution control statutes enacted by Congress.
Many stakeholders and some Members of Congress have expressed concerns that the agency has
been reaching beyond the authority given it by Congress and ignoring or underestimating the
costs and economic impacts of proposed and promulgated rules. EPA and others counter that
these actions are consistent with statutory mandates and in some cases compelled by court ruling,
the pace in many ways is slower than a decade ago, and that cost and benefits are appropriately
evaluated.12
Recently promulgated and pending actions under the Clean Air Act, in particular EPA controls on
emissions of greenhouse gases and efforts to address conventional pollutants from a number of
industries, have received much of the attention. Several actions under the Clean Water Act, Safe
Drinking Water Act, Resource Conservation and Recovery Act (RCRA), Federal Insecticide,
Fungicide and Rodenticide (FIFRA), and the Toxics Substance Control Act (TSCA), have also

12 CRS Report R41561, EPA Regulations: Too Much, Too Little, or On Track?, by James E. McCarthy and Claudia
Copeland, examines 43 major or controversial regulatory actions taken by or under development at EPA since January
2009, providing details on the regulatory action itself, presenting an estimated timeline for completion of the rule
(including identification of related court or statutory deadlines where known), and, in general, providing EPA’s
estimates of costs and benefits when available. The report also discusses factors that affect the timeframe in which
regulations take effect.
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received some attention. A number of these issues were the focus of considerable debate which
resulted in nearly 30 provisions included in H.R. 2584 as reported by the House Appropriations
Committee. The House-reported provisions, if enacted, generally would restrict or prohibit use of
funds as appropriated in the bill for certain EPA regulatory actions. As not all the terms and
activities contained within the provisions are explicitly defined in H.R. 2584, the scope of the
effects of many of the provisions are subject to interpretation and therefore neither definitions or
potential impacts are inferred in this report.
Although some provisions associated with EPA programs of H.R. 2584 as reported, were included
under the “Environmental Protection Agency Administrative Provisions” following the proposed
funding for each of the appropriations accounts in title II , but most were in the “General
Provisions” in Title IV. Further, Title V of the House Committee-reported bill, “Reducing
Regulatory Burdens Act of 2011,” included amendments to the Clean Water Act and the Federal
Insecticide, Rodenticide, and Fungicide Act in response to EPA’s consideration of requiring
permits under the Clean Water Act for point source discharges of pesticides in or near U.S.
waters. Title V of H.R. 2584 is identical to provisions contained in H.R. 872 as passed by the
House March 31, 2011.13
The provisions presented in the following tables are categorized in this report by general program
areas, that is, air quality and climate change, water quality, and waste management. Related
provisions that are under the jurisdiction of agencies other than EPA are listed separately in Table
8. The tables contain information about the provisions including the associated sections of the
bill, and those that were amendments adopted during full-committee markup if applicable. H.R. 1,
the FY2011 Full-Year Continuing resolution passed by the House February 19, 2011, included
more than 20 provisions that would have similarly restricted and prohibited the use of FY2011
funds to implement a EPA regulatory activities. 14 These provision were not included in the final
FY2011 appropriations law (P.L. 112-10) enacted April 15, 2011. Those provisions contained in
H.R. 2584 as reported that are similar or the same as provisions included in H.R. 1 as passed by
the House February 19, 2011, are denoted in the first column of each of the following tables.15

13 See CRS Report RL32884, Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?, by
Claudia Copeland.
14 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 Robert Esworthy.
15 There are also provisions that were proposed in. H.R. 1 for which there are no comparable provision in H.R. 2584 as
reported. For a more detailed overview of the EPA provisions included in House-passed H.R. 1 see CRS Report
R41698, H.R. 1 Full-Year FY2011 Continuing Resolution: Overview of Environmental Protection Agency (EPA)
Provisions, by Robert Esworthy
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Table 2. EPA Air Quality, Climate Change, and
Greenhouse Gas Emissions Program Activities Provisions
EPA
Activity/Program
Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
Climate change
Sec. 426. “Not later than 120 days after the date on which the
Included in FY2012
reporting use of
Title IV President's fiscal year 2013 budget request is submitted to
draft
funds (all federal
REPORT ON Congress, the President shall submit a comprehensive report appropriations bill
departments and
CLIMATE to the Committee on Appropriations of the House of
as approved by
agencies)
CHANGE Representatives and the Committee on Appropriations of the House Interior,
FUNDS Senate describing in detail all Federal agency funding, domestic Environmental and
and international, for climate change programs, projects and
Related Agencies
activities in fiscal year 2011 and fiscal year 2012, including an
Appropriations
accounting of funding by agency with each agency identifying
Subcommittee.
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.”
Greenhouse gas
Sec. 429. “ Notwithstanding any other provision of law, none of the
Included in FY2012
emissions: manure
Title IV funds made available in this or any other Act may be used to
draft
mgt.
GREENHOUSE implement any provision in a rule, if that provision requires
appropriations bill
GAS mandatory reporting of greenhouse gas emissions from
as approved by
REPORTING manure management systems.”
House Interior,
RESTRICTIONS
Environmental and

Related Agencies
Appropriations
Subcommittee.
Greenhouse gas
Sec. 431. “(a) During the one year period commencing on the date of
Included in FY2012
emissions:
Title IV enactment of this Act--
draft
stationary sources
STATIONARY
appropriations bill
Titles I and VI of
S
(1) the Administrator of the Environmental Protection
OURCE
as approved by
the Clean Air Act
G
Agency shal not propose or promulgate any regulation
REENHOUSE
House Interior,
(42 U.S.C. 7401 et
G
regarding the emissions of greenhouse gases from stationary
AS
Environmental and
seq., and 42 U.S.C.
P
sources to address climate change, except this paragraph
ROHIBITION
Related Agencies
7671 et seq.)
does not apply to--
Appropriations
(A) regulations promulgated under title VI of the Clean Air
Subcommittee.
(See Sec. 1746 of
Act (42 U.S.C. 7671 et seq.); or (B) regulations designed to
Title VII in Division B,
limit or defer existing greenhouse gas regulation of stationary
and Sec. 4015
sources;
Division D in House-
passed H.R. 1)
(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
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
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 federal y enforceable condition for greenhouse gas
emissions to address climate change.”
Greenhouse gas
Sec. 453. “None of the funds made available under this Act shal be
Included in FY2012
emissions: mobile
Title IV used-
draft
source emissions
MOBILE
appropriations bill
Sections 202 and
S
(1) to prepare, propose, promulgate, finalize, implement, or
OURCE
as approved by
209(b) of the Clean
E
enforce any regulation pursuant to section 202 of the Clean
MISSION
House Interior,
Air Act (42 U.S.C.
Air Act (42 U.S.C. 7521) regarding the regulation of any
Environmental and
7521 and42 U.S.C.
greenhouse gas emissions from new motor vehicles or new
Related Agencies
7543(b))
motor vehicle engines that are manufactured after model year Appropriations
2016 to address climate change; or
Subcommittee.
(2) to consider or grant a waiver under section 209(b) of such
Act (42 U.S.C. 7543(b)) so that a State or political subdivision
thereof may adopt or attempt to enforce standards for the
control of emissions of any greenhouse gas from new motor
vehicles or new motor vehicle engines that are manufactured
after model year 2016 to address climate change.”

Title V of the Clean
Sec. 428. “Notwithstanding any other provision of law, none of the
Included in
Air Act (42 U.S.C.
Title IV funds made available in this Act or any other Act may be used FY2012 draft
7661 et seq.):
PROHIBITION to promulgate or implement any regulation requiring the
appropriations
livestock
ON USE OF
issuance of permits under title V of the Clean Air Act (42
bill as approved
production
FUNDS U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water
by House
vapor, or methane emissions resulting from biological
Interior,
processes associated with livestock production.”
Environmental
and Related
Agencies
Appropriations
Subcommittee.
Flexible air
Sec. 441. “The Administrator of the Environmental Protection Agency--
permitting
Title IV
programs multiple
F
(1) shal take no action (including any rulemaking or
LEXIBLE AIR
source emissions
P
enforcement action) to disapprove or prevent
ERMITTING
Section 110 of the
P
implementation of any flexible air permitting program under
ROGRAMS
Clean Air Act (42
which emissions from multiple sources may be combined for
U.S.C. 7410)
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
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
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
Sec. 443. “(a) Section 328(a)(1) of the Clean Air Act (42 U.S.C.
Included in FY2012
permits issued for
Title IV 7627(a)(1)) is amended by inserting before the period at the
draft
Outer Continental
Air EMISSIONS end of the second sentence the fol owing: `, except that any
appropriations bill
Shelf Sources
FROM OUTER air quality impact of any OCS source shal be measured or
as approved by
Section 328 of the
CONTINENTAL modeled, as appropriate, and determined solely with respect
House Interior,
Clean Air Act (42
SHELF to the impacts in the corresponding onshore area'.
Environmental and
U.S.C. 7627)
OPERATIONS
Related Agencies
(b) Section 328(a)(4)(C) of the Clean Air Act (42 U.S.C.
Appropriations
(See Sec. 4014
7627(a)(4)(C)) is amended in the matter following clause (iii)
Subcommittee.
Division D of House-
by striking `shal be considered direct emissions from the
passed H.R. 1)
OCS source' and inserting `shall be considered direct
emissions from the OCS source but shal 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'.
(c)(1) Section 328 of the Clean Air Act (42 U.S.C. 7627) is
amended by adding at the end thereof the fol owing:
`(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) shal 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 shal be considered to be
national y 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
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
subsections (a) and (b)' and inserting `For purposes of this
subsection and subsections (b) and (d)'.”
Hazardous Air
Sec. 448. “None of the funds made available by this Act may be used to Included in FY2012
pol utants Portland
Title IV implement, administer, or enforce the rule entitled `National
draft
cement
PORTLAND Emission Standards for Hazardous Air Pol utants From the
appropriations bill
manufacturing
CEMENT Portland Cement Manufacturing Industry and Standards of
as approved by
Performance for Portland Cement Plants' published by the
House Interior,
(See Sec. 4008
Environmental Protection Agency on September 9, 2010 (75
Environmental and
Division D of House-
Fed. Reg. 54970 et seq.).”
Related Agencies
passed H.R. 1)
Appropriations
Subcommittee.
National ambient air
Sec. 454. “None of the funds made available by this Act may be used to
Amendment
quality standard
Title IV modify the national primary ambient air quality standard or
agreed to (29-
(NAAQS) applicable
PARTICULATE the national secondary ambient air quality standard applicable
18) during
to coarse
MATTER to coarse particulate matter (generally referred to as “PM10”) House
particulate matter.
under section 109 of the Clean Air Act (42 U.S.C. 7409).”
Appropriations
Section 109 of the
Committee July
Clean Air Act (42
12, 2011, mark-
U.S.C. 7409)
up.
(See Sec. 4048
Division D of House-
passed H.R. 1)
Regulation of
Sec. 461. “None of the funds made available by this Act may be used to
Amendment by
ammonia under any
Title IV regulate ammonia or ammonium under any national
voice vote
national secondary
AMMONIA secondary ambient air quality standard for oxides of nitrogen
during House
ambient air quality
REGULATION and oxides of sulfur promulgated pursuant to section 109 of
Appropriations
standard for oxides
FUNDING the Clean Air Act (42 U.S.C. 7409).”
Committee July
of nitrogen and
PROHIBITION
12, 2011, mark-
oxides of sulfur.
up.
Section 109 of the
Clean Air Act (42
U.S.C. 7409)
Cumulative impact
Sec. 462. “(a) Not later than 12 months after the date of the enactment Amendment agreed
analysis of multiple
Title IV of this Act, the Administrator of the Environmental
to (25-20) during
EPA regulations
REGULATORY Protection Agency (in this section referred to as the
House
and associated
IMPACT `Administrator') shal conduct a study, and submit a report to Appropriations
actions; primarily
ANALYSIS the Congress, on the cumulative impacts of the following
Committee July 12,
those under the
rules, guidelines, and actions:
2011, mark-up.
Clean Air Act

(1) The fol owing 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).
(C) `National Emission Standards for Hazardous Air
Pollutants for Major Sources: Industrial, Commercial, and
Institutional Boilers and Process Heaters', published at 76 Fed.
Reg. 15608 (March 21, 2011).
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
(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 Pol utants
from Coal- and Oil-fired Electric Utility Steam Generating
Units and Standards of Performance for Fossil-Fuel-Fired
Electric Utility, Industrial-Commercial-Institutional, and Small
Industrial-Commercial-Institutional Steam Generating Units',
signed by Administrator Lisa P. Jackson on March 16, 2011.
(F) `Hazardous and Solid Waste Management System;
Identification and Listing of Special Wastes; Disposal of Coal
Combustion Residuals From Electric Utilities', published at 75
Fed. Reg. 35127 (June 21, 2010).
(G) `Primary National Ambient Air Quality Standard for
Sulfur Dioxide', published at 75 Fed. Reg. 35520 (June 22,
2010).
(H) `Primary National Ambient Air Quality Standards for
Nitrogen Dioxide', published at 75 Fed. Reg. 6474 (February
9, 2010).
(2) The following additional rules or guidelines promulgated
on or after January 1, 2009:
(A) Any rule or guideline promulgated under section 111(b)
or 111(d) of the Clean Air Act (42 U.S.C. 7411(b), 7411(d))
to address climate change.
(B) Any rule or guideline promulgated by the Administrator of
the Environmental Protection Agency, a State, a local
government, or a permitting agency under or as the result of
section 169A or 169B of the Clean Air Act (42 U.S.C. 7491,
7492).
(C) Any rule establishing or modifying a national ambient air
quality standard under section 109 of the Clean Air Act (42
U.S.C. 7409).
(3) Any action on or after January 1, 2009, by the
Administrator of the Environmental Protection Agency, a
State, a local government, or a permitting agency as a result
of the application of part C of title I (relating to prevention of
significant deterioration of air quality) or title V (relating to
permitting) of the Clean Air Act (42 U.S.C. 7401 et seq.), if
such application occurs with respect to an air pollutant that is
identified as a greenhouse gas in `Endangerment and Cause or
Contribute Findings for Greenhouse Gases Under Section
202(a) of the Clean Air Act', published at 74 Fed. Reg. 66496
(December 15, 2009).
(b) In conducting the study under subsection (a), the
Administrator shal 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,
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Air Quality/Climate Change/Greenhouse Gas Emissions Provisions in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
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.
(c) The Administrator shall not take final 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 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 shal continue to implement the Clean Air
Interstate Rule and the rule establishing Federal
Implementation Plans for the Clean Air Interstate Rule as
promulgated and modified by the Administrator of the
Environmental Protection Agency (70 Fed. Reg. 25162 (May
12, 2005), 71 Fed. Reg. 25288 (April 28, 2006), 71 Fed. Reg.
25328 (April 28, 2006), 72 Fed. Reg. 59190 (Oct. 19, 2007),
72 Fed. Reg. 62338 (Nov. 2, 2007), 74 Fed. Reg. 56721 (Nov.
3, 2009)) until the date on which final action with respect to
the rule listed in subsection (a)(1)(A) becomes effective
pursuant to subsection (d)(1).”
Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related
Agencies Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/
UploadedFiles/INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the
House Appropriations Committee fol owing the July 12, 2011, ful -committee markup of the Subcommittee draft
bill, http://appropriations.house.gov/UploadedFiles/Amendments_Adopted_to_Interior.pdf.
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

Table 3. EPA Water Quality Program Activities Provisions
EPA
Activity/Program
Water Quality Program Activities Provisions Included in
Description
House Committee-Reported H.R. 2584

Section
Bill text
House Action
Surface coal mining
Sec. 433. “None of the funds made available by this Act to the
Included in FY2012
Clean Water Act
Title IV Environmental Protection Agency, the Corps of Engineers,
draft appropriations
guidance
ENHANCED or the Office of Surface Mining Reclamation and
bill as approved by
COORDINATION Enforcement may be used to carry out, implement,
House Interior,
(See Sec. 4039
RESTRICTIONS administer, or enforce any policy or procedure set forth in Environmental and
Division D of House-
-
Related Agencies
passed H.R. 1)
Appropriations
(1) the memorandum issued by the Environmental
Subcommittee.
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
Sec. 435. “None of the funds made available by this Act or any
Included in FY2012
under the jurisdiction of
Title IV subsequent Act making appropriations for the
draft appropriations
the Federal Water
WATERS OF THE Environmental Protection Agency may be used by the
bill as approved by
Pollution Control Act
UNITED STATES Environmental Protection Agency to develop, adopt,
House Interior,
(33 U.S.C. 1251 et seq.)
implement, administer, or enforce a change or supplement
Environmental and
to the rule dated November 13, 1986, or guidance
Related Agencies
(See Sec. 1747 Title

documents dated January 15, 2003, and December 2, 2008, Appropriations
VII Division B of
pertaining to the definition of waters under the jurisdiction Subcommittee.
House-passed H.R. 1)
of the Federal Water Pol ution Control Act (33 U.S.C.
1251 et seq.).”
Sec. 316(b) of the
Sec. 436. “None of the funds made available by this Act or any other Included in FY2012
Federal Water
Title IV Act shall be used to further develop, finalize, implement,
draft appropriations
Pollution Control Act
THERMAL or enforce the proposed regulatory requirements issued
bill as approved by
(33 U.S.C. 1312(b))
DISCHARGES by the Environmental Protection Agency and published for House Interior,
public comment in the Federal Register on April 20, 2011
Environmental and
(76 Fed. Reg. 22,174); or to develop or enforce any other
Related Agencies
new regulations or requirements designed to implement
Appropriations
section 316(b) of the Federal Water Pol ution Control Act Subcommittee.
(33 U.S.C. 1312 (b)).”
Sec. 402(l) of the
Sec. 438. “Section 402(l) of the Federal Water Pol ution Control
Included in FY2012
Federal Water
Title IV Act (33 U.S.C. 1342(l)) is amended by adding at the end
draft appropriations
Pollution Control Act
SILVICULTURAL the following:
bill as approved by
(33 U.S.C. 1342(l))
ACTIVITIES
House Interior,
`(3) SILVICULTURAL ACTIVITIES- The Administrator
Environmental and
shall not require a permit under this section, nor shall the
Related Agencies
Administrator directly or indirectly require any State to
Appropriations
require a permit, for discharges of stormwater runoff from Subcommittee.
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.’ ”
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Water Quality Program Activities Provisions Included in
Description
House Committee-Reported H.R. 2584

Section
Bill text
House Action
Sec. 402(p) of the
Sec. 439. “None of the funds made available by this Act or any other Included in FY2012
Federal Water
Title IV Act may be expended for the development, adoption,
draft appropriations
Pollution Control Act
STORMWATER implementation, or enforcement of regulations or
bill as approved by
(33 U.S.C. 1342(p))
DISCHARGE guidance that would expand the Federal stormwater
House Interior,
discharge program under section 402(p) of the Federal
Environmental and
Water Pol ution Control Act (33 U.S.C. 1342(p)) to post-
Related Agencies
construction commercial or residential properties until 90 Appropriations
days after the Administrator of the Environmental
Subcommittee.
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 shal include--
(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
Sec. 452. “None of the funds made available by this Act may be used Amendment by
flowing waters
Title IV to implement, administer, or enforce the rule entitled
voice vote during
WATER `Water Quality Standards for the State of Florida's Lakes
House
(See Sec. 4035
QUALITY and Flowing Waters' published in the Federal Register by
Appropriations
Division D of House-
STANDARDS the Environmental Protection Agency on December 6,
Committee July 12,
passed H.R. 1)
2010 (75 Fed. Reg. 75762 et seq.).”
2011, mark-up.
Wetlands designations
Sec. 456. “None of the funds made available in this Act may be used
Amendment by
in emergencies
Title IV to delineate new wetlands in any county included in a
voice vote during
WETLAND major disaster declaration as a result of flooding in the
House
DESIGNATIONS year 2011 for purposes of section 404 of the Federal
Appropriations
IN EMERGENCIES
Water Pol ution Control Act (33 U.S.C. 1344).”
Committee July 12,
2011, mark-up.
Great Lakes bal ast
Sec. 459. “(a) Prohibition- None of the funds made available by this
Amendment by
water management
Title IV Act for the Environmental Protection Agency shall be
voice vote during
regulations section
BALLAST provided to any State that--
House
401 of the Federal
WATER
Appropriations
Water Pol ution
R
(1) is adjacent to one or more of the Great Lakes; and
EGULATION
Committee July
Control Act (33
(2) has in effect a certification under section 401 of the
12, 2011, mark-up.
U.S.C. 1341)
Federal Water Pol ution 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 fol owing
standards:
(A) Coast Guard regulations that have been placed into
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Water Quality Program Activities Provisions Included in
Description
House Committee-Reported H.R. 2584

Section
Bill text
House Action
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 bal ast water and
sediment adopted by the International Maritime
Organization as of the date of enactment of this Act.
(b) Definitions- In this section:
(1) The term `Great Lakes' has the same meaning given
that term in section 118(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(a)).
(2) The term `is more stringent than' means one or more
of the following:
(A) Includes a higher percentage efficiency of volumetric
exchange of ballast water.
(B) Includes a higher relative volume of pumping
throughput for bal ast water exchange.
(C) Requires a greater distance from the nearest land or a
greater depth of water for conducting bal ast water
exchange.
(D) Includes a bal ast water management performance
standard that requires a lower concentration of viable
organisms.
(E) Includes a bal ast water management performance
standard that requires a smaller minimum dimension of
viable organisms.
(F) Includes a bal ast water management performance
standard that includes additional indicator microbes.
(G) Includes an earlier deadline for meeting a ballast water
management performance standard or a bal ast water
exchange standard.
(H) Precludes the use of one or more bal ast 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 bal ast water
treatment technologies not approved by the applicable
requirement described in subparagraphs (A) or (B) of
subsection (a)(2).”
Pesticide use permit
Title V “SEC. 501. SHORT TITLE. This title may be cited as the
Included in FY2012
requirements under
REDUCING `Reducing Regulatory Burdens Act of 2011'.
draft
the Clean Water Act,
REGULATORY
appropriations bill
section 402 of the
B
SEC. 502. USE OF AUTHORIZED PESTICIDES.
URDENS ACT
as approved by
Federal Water
OF 2011 Section 3(f) of the Federal Insecticide, Fungicide, and
House Interior,
Pollution Control Act
Environmental and
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Water Quality Program Activities Provisions Included in
Description
House Committee-Reported H.R. 2584

Section
Bill text
House Action
(33 U.S.C. 1342), and
Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at Related Agencies
pesticide use under
the end the fol owing:
Appropriations
section 3(f) of the
Subcommittee.
Federal Insecticide,
`(5) USE OF AUTHORIZED PESTICIDES- Except as
Fungicide, and
provided in section 402(s) of the Federal Water Pollution
Rodenticide Act (7
Control Act, the Administrator or a State may not require
U.S.C. 136a(f)) (see
a permit under such Act for a discharge from a point
also Table 7.)
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 Pol ution 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 shal 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) shal 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 fol owing discharges subject to regulation under
this section:
`(i) Manufacturing or industrial effluent.
`(ii) Treatment works effluent.
`(iii) Discharges incidental to the normal operation of a
vessel, including a discharge resulting from ballasting
operations or vessel biofouling prevention.”
Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related
Agencies Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/
UploadedFiles/INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

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


Table 4. EPA Hazardous Waste Program Activities
EPA
Activity/Program
Hazardous Waste Program Activities: Provisions Included in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
Fossil fuel
Sec. 434. Title “None of the funds made available by this Act may be
Included in FY2012
combustion waste,
IV COAL used by the Environmental Protection Agency to develop, draft
subtitle C of the
COMBUSTION propose, finalize, implement, administer, or enforce any
appropriations bill
Solid Waste Disposal
ASH regulation that identifies or lists fossil fuel combustion
as approved by
Act (42 U.S.C. 6921
waste as hazardous waste subject to regulation under
House Interior,
et seq.)
subtitle C of the Solid Waste Disposal Act (42 U.S.C.
Environmental and
6921 et seq.) or otherwise makes fossil fuel combustion
Related Agencies
(See Sec 4045
waste subject to regulation under such subtitle.”
Appropriations
Division D of House-
Subcommittee.
passed H.R. 1)
Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related Agencies
Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/UploadedFiles/
INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House Appropriations
Committee following the July 12, 2011, full-committee markup of the Subcommittee draft bill,
http://appropriations.house.gov/UploadedFiles/Amendments_Adopted_to_Interior.pdf.

Table 5. EPA Superfund Program Provisions
EPA
Activity/Program
EPA Superfund Program: Provisions Included in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
Superfund cleanup
Sec. 455. Title “None of the funds made available by this Act may be
Included in
financial responsibility
IV FINANCIAL used to develop, propose, finalize, implement, enforce, or FY2012 draft
requirements
ASSURANCE administer any regulation that would establish new
appropriations
Section 108(b) of the
financial responsibility requirements pursuant to section
bill as approved
Comprehensive
108(b) of the Comprehensive Environmental Response,
by House
Environmental
Compensation, and Liability Act of 1980 (42 U.S.C.
Interior,
Response,
9608(b)).”
Environmental
Compensation, and
and Related
Liability Act of 1980
Agencies
(42 U.S.C. 9608(b))
Appropriations
Subcommittee.
Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related Agencies
Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/UploadedFiles/
INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House Appropriations
Committee following the July 12, 2011, full-committee markup of the Subcommittee draft bill,
http://appropriations.house.gov/UploadedFiles/Amendments_Adopted_to_Interior.pdf.

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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584


Table 6. EPA Toxic Chemical Regulatory Programs
EPA
Activity/Program
Toxic Chemical Regulatory Programs Provisions Included in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
Integrated Risk
Sec. 444. (a) The Administrator of the Environmental Protection
Included in FY2012
Information System
Title IV Agency (EPA)--
draft appropriations
(IRIS) Assessment
INTEGRATED
bill as approved by
of Formaldehyde
R
(1) shall immediately implement improvements in the
ISK
House Interior,
I
IRIS program in accordance with the recommendations
NFORMATION
Environmental and
S
of Chapter 7 of the National Research Council's Review
YSTEM (IRIS)
Related Agencies
of the Environmental Protection Agency's Draft IRIS
Appropriations
Assessment of Formaldehyde;
Subcommittee.
(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) shal 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 shal
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 substantial y the
scientific and technical performance of the IRIS program.
The Academy shall also identify a representative sample
of up to three specific IRIS assessments nearing
completion that could be reviewed to evaluate the
results of the changes being implemented by the EPA.
(2) Utilizing funds appropriated in this Act, the
Administrator shall arrange for the National Academy of
Sciences to perform a scientific and technical review of
up to three IRIS assessments based on the
recommendation of the Academy in the review provided
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Toxic Chemical Regulatory Programs Provisions Included in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
for in subsection (b)(1).
(c) No funds in this Act shal be available 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,
Sec. 450. “None of the funds made available by this Act may be
Amendment by voice
Repair, and
Title IV used to implement or enforce regulations under subpart
vote during House
Painting Rule'
LEAD TEST E of part 745 of title 40, Code of Federal Regulations
Appropriations
KIT (commonly known as the `Lead; Renovation, Repair, and
Committee July 12,
Painting Rule'), or any subsequent amendments to such
2011, mark-up.
regulations, until the Administrator of the Environmental
Protection Agency publicizes Environmental Protection
Agency recognition of a commercially-available lead test
kit that meets both criteria under section 745.88(c) of
title 40, Code of Federal Regulations.”
Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related
Agencies Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/
UploadedFiles/INTERIOR-FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House
Appropriations Committee following the July 12, 2011, full-committee markup of the Subcommittee draft bill,
http://appropriations.house.gov/UploadedFiles/Amendments_Adopted_to_Interior.pdf.
Table 7. EPA Pesticide Programs Provisions
EPA
Activity/Program
Pesticide Programs: Provisions Included in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
Pesticide Label
Sec. 406. “None of the funds made available by this Act may be
Amendment by voice
requirements
Title IV used by the Administrator of the Environmental
vote during House
under FIFRA
PESTICIDE Protection Agency to finalize the Proposed Guidance
Appropriations
LABELS on False or Misleading Pesticide Product Brand Names, Committee July 12,
as contained in Draft Pesticide Registration Notice
2011, mark-up.
2010–X (Docket ID EPA–HQ–OPP–2010–0282).”
Pesticide
Sec. 447. “None of the funds made available by this Act may be
Included in FY2012
registration under
Title IV used to modify, cancel, or suspend the registration of a draft appropriations
FIFRA and NEPA
BIOLOGICAL pesticide registered or reregistered under section 3 or bill as approved by
requirements
OPINIONS 4 of the Federal Insecticide, Fungicide, and Rodenticide House Interior,
Act (7 U.S.C.136a, 136a-1) in response to a final
Environmental and
biological opinion or other written statement issued
Related Agencies
under section 7(b) of the Endangered Species Act of
Appropriations
1973 (16 U.S.C. 1536(b)).”
Subcommittee.
Pesticide use under
Title V SEC. 501. SHORT TITLE. This title may be cited as the Included in FY2012
section 3(f) of the
REDUCING `Reducing Regulatory Burdens Act of 2011'.
draft appropriations
Federal Insecticide,
REGULATORY
bill as approved by
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

EPA
Activity/Program
Pesticide Programs: Provisions Included in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
Fungicide, and
BURDENS ACT SEC. 502. USE OF AUTHORIZED PESTICIDES.
House Interior,
Rodenticide Act (7
OF 2011
Environmental and
U.S.C. 136a(f)), and
Section 3(f) of the Federal Insecticide, Fungicide, and
Related Agencies
related permit
Rodenticide Act (7 U.S.C. 136a(f)) is amended by
Appropriations
requirements
adding at the end the fol owing:
Subcommittee.
under the Clean
`(5) USE OF AUTHORIZED PESTICIDES- Except as
Water Act, section
provided in section 402(s) of the Federal Water
402 of the Federal
Pollution Control Act, the Administrator or a State
Water Pol ution
may not require a permit under such Act for a
Control Act (33
discharge from a point source into navigable waters of
U.S.C. 1342) see
a pesticide authorized for sale, distribution, or use
also Table 3)
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 Pol ution 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 shal 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) shal 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 fol owing 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.'.”
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related Agencies
Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/UploadedFiles/INTERIOR-
FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House Appropriations Committee
following the July 12, 2011, full-committee markup of the Subcommittee draft bill, http://appropriations.house.gov/
UploadedFiles/Amendments_Adopted_to_Interior.pdf.

Table 8. Related Provisions Not Under EPA’s Jurisdiction
EPA
Activity/Program
Related Provisions Not Under EPA’s Jurisdiction Included in
Description
House Committee-Reported H.R. 2584
Section
Bill
text
House
Action
Office of Mining
Sec. 432. “None of the funds made available by this Act may be
Included in FY2012
Reclamation and
Title IV STREAM used to develop, carry out, implement, or otherwise
draft appropriations
Enforcement,
BUFFERS enforce proposed regulations published June 18, 2010
bill as approved by
Dept. of the
(75 Fed. Reg. 34,667) by the Office of Surface Mining
House Interior,
Interior stream
Reclamation and Enforcement of the Department of
Environmental and
buffer zone
the Interior.”
Related Agencies
(Not EPA)
Appropriations
Subcommittee.
(See Sec. 4032
Division D of
House-passed
H.R. 1)
Source: Prepared by CRS based on provisions as contained in H.R. 2584, Interior, Environment and Related Agencies
Subcommittee FY2012 appropriations draft bill, July 5, 2011, http://appropriations.house.gov/UploadedFiles/INTERIOR-
FY2012_-_Working_v20_xml.pdf, and adopted amendments as reported by the House Appropriations Committee
following the July 12, 2011, full-committee markup of the Subcommittee draft bill, http://appropriations.house.gov/
UploadedFiles/Amendments_Adopted_to_Interior.pdf.
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

Appendix. EPA Enacted Appropriations FY2008-
FY2011
Since FY1996, EPA’s appropriations have been requested by the Administration and appropriated
by Congress within eight statutory appropriations accounts.16 Table A-1 identifies the amounts
for the appropriations enacted by Congress for FY2008 through FY2011 for these accounts. The
table identifies transfers of funds between these accounts, and funding levels for several grant
program areas within the State and Tribal Assistance Grants (STAG) account that have received
more prominent attention during these fiscal years. The enacted amounts presented in Table A-1
are based on most recent information available from House, Senate, or conference committee
reports accompanying the annual appropriations bills that fund EPA.
Table A-1. Appropriations for the Environmental Protection Agency:
FY2008-FY2011 Enacted
(millions of dollars)
FY2012
House
FY2009
Comm.-
FY2009
Total Incl.
Reported
FY2008
Omnibus
ARRA
FY2010
FY2011
H.R. 2584

P.L. 110-161 P.L. 111-8
P.L. 111-5
P.L. 111-88 P.L. 112-10
Title II
Science and Technology


—Base Appropriations
$760.1
$790.1
$790.1
$848.1a $813.5 $754.6
—Transfer in from Superfund
+$25.7
+$26.4 +$26.4 +$26.8 +$26.8 +$23.0
Science and Technology Total
$785.8
$816.5
$816.5
$874.9
$840.3
$777.6
Environmental Programs and Management
$2,328.0 $2,392.1 $2,392.1
$2,993.8
$2,756.5 $2,498.4
Office of Inspector General






—Base Appropriations
$41.1
$44.8
$64.8
$44.8
$44.7
$41.1
—Transfer in from Superfund
+$11.5
+$10.0 +$10.0 +$10.0 +$10.0 +$10.0
Office of Inspector General Total
$52.6 $54.8 $74.8
$54.8
$54.7 $51.1
Buildings & Facilities
$34.3 $35.0 $35.0
$37.0
$36.4 $36.4
Hazardous Substance Superfund
$1,254.0 $1,285.0 $1,885.0
$1,306.5
$1,280.9 $1,224.3
(before transfers)
—Transfer out to Office of Inspector General -$11.5
-$10.0
-$10.0
-$10.0 -$10.0 -$10.0
—Transfer out to Science and Technology
-$25.7 -$26.4 -$26.4
-$26.8
-$26.8 -$23.0
Hazardous Substance Superfund (after
$1,216.8 $1,248.6 $1,848.6
$1,269.7
$1,244.2 $1,191.3
transfers)
Leaking Underground Storage Tank Trust
$105.8 $112.6 $312.6
$113.1
$112.9 $105.7
Fund Program

16 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.
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EPA FY2012 Appropriations: Overview of Provisions in H.R. 2584

FY2012
House
FY2009
Comm.-
FY2009
Total Incl.
Reported
FY2008
Omnibus
ARRA
FY2010
FY2011
H.R. 2584

P.L. 110-161 P.L. 111-8
P.L. 111-5
P.L. 111-88 P.L. 112-10
Title II
Oil Spill Response
$17.1 $17.7 $17.7
$18.4
$18.3 $18.3
State and Tribal Assistance Grants






(STAG)
—Clean Water State Revolving Fund
$689.1
$689.1
$4,689.1
$2,100.0
$1,522.0
$689.0
—Drinking Water State Revolving Fund
$829.0
$829.0
$2,829.0
$1,387.0
$963.0
$829.0
—Special (Congressional) Project Grants
$132.9
$145.0
$145.0
$156.8
$0.0
$0.0
—Categorical Grants
$1,078.3 $1,094.9 $1,094.9
$1,116.4 $1,104.2 $1,002.4
—Brownfields Section 104(k) Grants
$93.5
$97.0
$197.0
$100.0
$99.8
$60.0
—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 $53.5
$50.0
$20.0
$0.0
State and Tribal Assistance Grants Total
$2,926.2
$2,968.5
$9,368.5
$4,970.2
$3,758.9
$2,610.4
Rescissions (various EPA accounts)b -$5.0
-$10.0
-$10.0
-$40.0
-$140.0
-$140.0
Total EPA Accounts
$7,461.5
$7,635.7
$14,855.7
$10,291.9a
$8,682.1
$7,149.2
Source: Prepared by CRS using the most recent information available from House, Senate, or conference
committee reports accompanying the annual appropriations bills that fund EPA and Administration budget
documents, including the President’s annual budget requests as presented by OMB, and EPA’s accompanying
annual congressional budget justifications. “ARRA” refers to the American Recovery and Reinvestment Act of
2009 (P.L. 111-5). The ARRA amounts do not reflect rescission of unobligated balances as per P.L. 111-226.
Numbers may not add due to rounding.
a. The amounts presented for the FY2010 base appropriations for the S&T account and the EPA total include
$2.0 million in supplemental appropriations for research of the potential long-term human health and
environmental risks and impacts from the releases of crude oil, and the application of chemical dispersants
and other mitigation measures under P.L. 111-212, Title II.
b. The rescissions are from unobligated balances from funds appropriated in prior years, and made available
for expenditure in a later year. In effect, these “rescissions” increase the availability of funds for expenditure
by the agency in the years in which they are applied, functioning as an offset to new appropriations by
Congress.


Author Contact Information

Robert Esworthy

Specialist in Environmental Policy
resworthy@crs.loc.gov, 7-7236


Congressional Research Service
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