U.S. Environmental Protection Agency (EPA): FY2017 President’s Budget Request

U.S. Environmental Protection Agency (EPA): FY2017 President’s Budget Request

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April 6, 2016
U.S. Environmental Protection Agency (EPA): FY2017
President’s Budget Request
Since FY2006, Congress has funded EPA in the Interior,
authorization of appropriations is a procedural requirement.
Environment, and Related Agencies appropriations. Title II
Congress may appropriate funding for a program or activity
of Division G of the Consolidated Appropriations Act, 2016
for which the authorization of appropriations has expired if
(P.L. 114-113), provided $8.14 billion for EPA for FY2016,
no Member raises a point of order or the rules are waived
$452 million (5%) less than the President’s request. The
for consideration of a particular bill. Congress has typically
FY2017 request for EPA was $8.27 billion, $127 million
done so to continue appropriations for EPA.
(2%) more than the FY2016 enacted appropriations but
$325 million (4%) less than requested for FY2016. Trends
EPA Appropriations Accounts
in requested and enacted appropriations for EPA over the
From FY1996 to FY2013, EPA’s funding had been
past decade are shown in Figure 1.
requested by the Administration and appropriated by
Congress under eight statutory accounts: State and Tribal
Figure 1. EPA Requested and Enacted Appropriations
Assistance Grants (STAG), Environmental Programs and
FY2005-FY2017
Management (EPM), Hazardous Substance Superfund
(“Superfund”), Science and Technology (S&T), Leaking
Underground Storage Tank (LUST) Trust Fund, Buildings
and Facilities (B&F), Office of Inspector General (OIG),
and Inland Oil Spill Program. A ninth account, Hazardous
Waste Electronic Manifest System Fund, was added during
the FY2014 budget process.
Figure 2. EPA Appropriations by Account FY2008-
FY2017

Source: Prepared by CRS using information from the Congressional
Record; House, Senate, and conference committee reports; and EPA’s
FY2017 Congressional Budget Justification. Enacted amounts reflect
rescissions and supplemental appropriations, including $7.22 billion
included for EPA in the American Recovery and Reinvestment Act of
2009 (P.L. 111-5).
Funding is appropriated to EPA to support the agency’s
primary responsibilities under several federal
environmental statutes in coordination with delegated

states. These statutes authorize the regulation of air quality,
Source: Prepared by CRS using information from the Congressional
water quality, pesticides, and toxic substances; regulation of
Record; House, Senate, and conference committee reports; and EPA’s
the management and disposal of solid and hazardous
FY2017 Congressional Budget Justification. Enacted amounts include
wastes; and the remediation of environmental
rescissions and supplemental appropriations.
contamination (including releases of hazardous substances,
leaks of petroleum from underground tanks, and discharges
As indicated in Figure 2, the proportional distribution of
of oil). EPA also awards grants to assist delegated states
funding among the EPA appropriations accounts has
and local governments in ensuring compliance with federal
remained relatively constant in recent fiscal years. The
requirements to control pollution.
STAG and EPM accounts have been the largest share of
funding followed by the Superfund and S&T accounts. The
Authorization of Appropriations
STAG account funds grants for water infrastructure, the
The statutory authorization of appropriations for many of
assessment and remediation of brownfields, diesel emission
the programs and activities administered by EPA has
reduction, and various “categorical” grants to states and
expired, but Congress has continued to fund them through
tribes for pollution control activities. The EPM account
the appropriations process. The need for a current
funds many cross-cutting agency activities, the S&T
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link to page 2 U.S. Environmental Protection Agency (EPA): FY2017 President’s Budget Request
account funds the bulk of the research and scientific support
FY2015 enacted level of 15,335 FTEs was the lowest since
activities, and the Superfund account supports the
FY1989. Although Congress does not explicitly appropriate
assessment and remediation of contaminated sites
funding to EPA on the basis of its specific staffing levels, in
administered under EPA’s Superfund program.
its Congressional Justification, EPA presents information
regarding total FTEs and FTE levels by each of the
Rescissions of Unobligated Balances
appropriations accounts that fund the programs and
Beginning with EPA’s FY2006 appropriations, Congress
activities of the agency.
has “rescinded” unobligated balances from funds
appropriated in prior years in the various EPA
Funding and Related Policy Issues
appropriations accounts and made them available for
The debate and hearings so far on EPA’s appropriations for
expenditure in the current fiscal year. In effect, these
FY2017 have focused on federal financial assistance to
“rescissions” increase the availability of funds for the
states for wastewater and drinking water infrastructure
agency in the years in which they are applied, functioning
projects through capitalization grants for State Revolving
as an offset to new appropriations by Congress.
Funds, various categorical grants to support the
implementation and enforcement of federal environmental
Rescissions of unobligated balances for EPA have been
statutes delegated to the states, funding for the agency’s
included in annual appropriations acts from FY2006
implementation and research support for air pollution
through FY2016, with the exception of FY2014. P.L. 114-
control requirements, EPA actions to address climate
113 included a rescission of $40 million from unobligated
change and greenhouse gas (GHGs) emissions, and funding
balances for FY2016, the same as enacted for FY2015. In
for environmental remediation. Funding levels for several
other fiscal years, rescissions have ranged from $10 million
geographic-specific initiatives, including the Great Lakes
to a high of $140 million in FY2011.
Restoration Initiative and efforts to restore the Chesapeake
Bay, have also garnered congressional interest.
The President’s annual budget request does not typically
propose the rescission of unobligated balances, but there
In addition to funding levels, several recent and pending
were exceptions. For example, the President’s FY2015
EPA regulatory actions—most notably those that address
request proposed a $5.0 million rescission. Neither the
GHG emissions under the Clean Air Act and the definition
FY2016 nor the FY2017 request included proposals to
of “waters of the United States” under the Clean Water
rescind unobligated balances of EPA.
Act—have again been among the areas of debate during the
deliberations on EPA’s budget request.
EPA Staff Levels
Figure 3 presents EPA’s “full-time-equivalent” (FTE)
Some Members continue to view these regulatory actions as
staffing ceiling as enacted for FY2002 through FY2016 and
costly and “overreach” by the agency. Other Members have
the FY2017 request.
countered that EPA’s actions are consistent with statutory
mandates and in some circumstances are compelled by
Figure 3. EPA’s Reported Authorized Full Time
court rulings—and that costs and benefits are appropriately
Equivalent (FTE) Employment Ceiling, FY2002-
weighed. Some Members have also noted that certain EPA
FY2016 and FY2017 Requested
regulations could be stricter, as scientific understanding of
risks has evolved. Authorizing committees continue to
Full Time Equivalents (FTEs)
18,000
debate many of these actions through hearings and
15,416
legislation during the 114th Congress.
15,000
12,000
Various appropriations acts for prior fiscal years have
9,000
restricted or prohibited the use of enacted appropriations by
EPA to develop, propose, finalize, or implement certain
6,000
regulations that a majority consensus of Congress opposed.
3,000
These funding limitations have been included in the form of
administrative and general provisions in annual
0
appropriations acts rather than the accounts that fund these
activities. Interest in some of these EPA regulatory actions
has been recurring in recent years, as some of the funding
Source: Prepared by CRS using information from EPA’s FY2017 EPA
limitations have been renewed from year to year in annual
Budget in Brief, Overview, p. 11.
appropriations acts.
Notes: FTE is defined as one employee working full time for a full
Robert Esworthy, Specialist in Environmental Policy
year (52 weeks x 40 hours = 2,080 hours) or the equivalent hours
David M. Bearden, Specialist in Environmental Policy
worked by several part-time or temporary employees.
IF10383
The President’s FY2017 budget request proposed 15,416
FTEs for EPA to administer federal environmental statutes
in coordination with delegated states. EPA reported that the

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U.S. Environmental Protection Agency (EPA): FY2017 President’s Budget Request

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