U.S. Environmental Protection Agency (EPA) FY2018 Appropriations: Congressional Action

U.S. Environmental Protection Agency (EPA) FY2018 Appropriations: Congressional Action

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Updated May 16, 2018
U.S. Environmental Protection Agency (EPA) FY2018
Appropriations: Congressional Action
Enacted March 23, 2018, the Consolidated Appropriations
all 12 appropriations bills and would have provided $7.39
Act, FY2018 (P.L. 115-141), Division G, provided funding
billion for EPA (after rescissions). Released November 20,
for Interior, Environment, and Related Agencies, including
2017, the Senate Committee on Appropriations chairman’s
a total of $8.82 billion for the U.S. Environmental
“mark” of FY2018 appropriations for Interior,
Protection Agency (EPA) in Titles II and IV combined.
Environment, and Related Agencies proposed $7.91 billion
After rescissions, Title II provided $8.06 billion for EPA,
for EPA (after rescissions).
and Title IV (§430) appropriated an additional $766.0
million for EPA water infrastructure priorities and
EPA Appropriations Accounts
Superfund emergency response, removal, and remedial
Discretionary funding is annually appropriated to EPA
actions at eligible sites. Enacted earlier on February 9,
among 10 statutory accounts established in annual
2018, the Further Additional Supplemental Appropriations
appropriations acts: State and Tribal Assistance Grants
for Disaster Relief Requirements Act, 2018 (P.L. 115-123,
(STAG), Environmental Programs and Management
Bipartisan Budget Act of 2018, Division B, Subdivision 1),
(EPM), Hazardous Substance Superfund (“Superfund”),
provided an additional $63.2 million for EPA in emergency
Science and Technology (S&T), Leaking Underground
supplemental appropriations to address impacts of
Storage Tank (LUST) Trust Fund Program, Buildings and
Hurricanes Harvey, Irma, and Maria. Combined, P.L. 115-
Facilities, Office of Inspector General, Inland Oil Spill
141 and P.L. 115-123 appropriated a total of $8.89 billion
Program, Hazardous Waste Electronic Manifest System
for EPA in FY2018, $3.23 billion (57%) above the
Fund, and Water Infrastructure Finance and Innovation
President’s FY2018 request of $5.65 billion and $709.2
Program that implements the Water Infrastructure Finance
million (9%) above the $8.18 billion enacted for FY2017 in
and Innovation Act (WIFIA). In the reports accompanying
P.L. 115-31 and P.L. 114-254 combined. For a history of
the annual appropriations bills that fund EPA, Congress has
EPA appropriations over the past decade, Figure 1 presents
allocated funding within these accounts for specific
the trend in annual budget requests and enacted
program areas and activities. As indicated in Figure 2, the
appropriations from FY2008 to FY2018.
proportional distribution of funding among these accounts
has remained similar over the past decade.
Figure 1. EPA Requested and Enacted Appropriations
FY2008-FY2018 (not adjusted for inflation)
Figure 2. EPA Appropriations by Account FY2008-
FY2018 Enacted (not adjusted for inflation)

Source: Prepared by CRS using information from annual
Source: Prepared by CRS using information from annual
appropriations acts, committee reports, and explanatory statements
appropriations acts, committee reports, and explanatory statements
presented in the Congressional Record. Amounts reflect applicable
presented in the Congressional Record. Amounts reflect supplemental
rescissions and supplemental appropriations, including $7.22 billion in
appropriations (including $7.22 billion in the American Recovery and
the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
Reinvestment Act of 2009) and across-the-board rescissions but not
rescissions of prior-year funds in certain accounts.
Prior to the enactment of P.L. 115-141, EPA and other
federal departments and agencies operated under multiple
The STAG and EPM accounts have received the largest
continuing resolutions generally at FY2017 enacted levels
share of funding, followed by the Superfund and S&T
(minus across-the-board rescissions). The House and Senate
accounts. The STAG account funds grants for water
initially proposed lower funding levels for EPA than
infrastructure, brownfield site assessment and remediation,
enacted in P.L. 115-141. As passed by the House on
diesel emissions reduction, targeted airsheds, and
“categorical” grants to states and tribes for
September 14, 2017, the Make America Secure and
carrying out
Prosperous Appropriations Act, 2018 (H.R. 3354), included
delegated regulatory authorities. The EPM account funds
additional grants and many cross-cutting agency activities.
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U.S. Environmental Protection Agency (EPA) FY2018 Appropriations: Congressional Action
The Superfund account supports the environmental
P.L. 115-141 also continued funding in FY2018 for water
remediation of priority sites on non-federal lands
quality restoration programs in specific geographic areas
designated for federal attention. The S&T account funds
that the President proposed to eliminate, including the Great
scientific research to inform agency regulatory decisions.
Lakes Restoration Initiative, Chesapeake Bay program,
Long Island Sound program, National Estuary
Funding and Policy Issues
Program/Coastal Waterways, and several other specific
More than a dozen federal laws authorize EPA’s mission.
water bodies. P.L. 115-141 funded most of these programs
Congress appropriates funding for EPA to carry out much
at the FY2017 enacted level and increased funding for the
of its responsibilities in coordination with delegated states
restoration of Long Island Sound, Gulf of Mexico, and
and tribes. Funding for implementation through delegated
Lake Champlain. Funding for these programs constituted
authorities was an issue in the FY2018 appropriations
over half of the requested decrease for the EPM account.
debate. P.L. 115-141 did not approve the President’s
request to eliminate or reduce funding for certain EPA
Funding for scientific research to inform EPA regulatory
programs that support state and tribal delegation. In an
decisions and standard-setting was also an issue in the
agency press release announcing the FY2018 budget
FY2018 appropriations debate. P.L. 115-141 provided
request, EPA indicated that the overall proposed reduction
$706.5 million for the S&T account, continuing funding at
in funding was intended to shift priorities to the agency’s
the FY2017 enacted level. The President had proposed to
“core statutory mission,” reduce “redundancies” and
reduce funding for this account to $450.8 million.
“inefficiencies,” and “return responsibility for funding local
environmental efforts to state and local entities.”
Agency Staffing
Although Congress does not set specific staffing levels for
EPA categorical grants provide much of the funding for
EPA in annual appropriations acts, the size and structure of
state and tribal implementation, focusing on specific
the agency’s workforce was a topic of debate for FY2018.
environmental media, wastes, or pollution sources. The
P.L. 115-141 did not fund the President’s request for EPA
President proposed to reduce total funding for these grants
“workforce reshaping.” The Explanatory Statement also
from $1.07 billion in FY2017 to $597.3 million in FY2018.
expressed the expectation that EPA would not “consolidate
P.L. 115-141 provided $1.08 billion for EPA categorical
or close any regional offices in fiscal year 2018.”
grants in FY2018. P.L. 115-123 provided an additional
$50.0 million in emergency supplemental appropriations for
Regulatory Prohibitions
hazardous waste financial assistance categorical grants (and
Several EPA regulatory actions also received attention.
management of solid wastes) to assist states affected by
Division G, Title IV, of P.L. 115-141 prohibited the use of
Hurricanes Harvey, Irma, and Maria.
FY2018 appropriations for certain actions, including the
permitting of air emissions from livestock production
The President’s request to reduce funding for the
(§416), reporting of greenhouse gas emissions from manure
remediation of Superfund sites was also an issue. The
management systems (§417), regulating the lead content of
President proposed to reduce the Superfund account from
ammunition or fishing tackle (§418), permitting of
$1.09 billion in FY2017 to $762.1 million in FY2018. P.L.
discharges of dredged or fill material for certain agricultural
115-141 provided $1.15 billion for the Superfund account,
activities (§432), and regulating air emissions from small
including $1.09 billion in Division G, Title II, and $63.0
remote solid waste incinerators in Alaska (§433). Although
million in Title IV (§430). P.L. 115-123 provided $6.2
P.L. 115-141 prohibited funding in FY2018 for these
million in emergency supplemental appropriations to
actions, EPA has not pursued rulemaking in some of these
address impacts at Superfund sites affected by Hurricanes
areas to date (e.g., lead content of ammunition or fishing
Harvey, Irma, and Maria. P.L. 115-123 also provided $7.0
tackle). Division S, Title XI (“FARM Act”), also exempted
million for the LUST account to address impacts from the
farms from statutory requirements to report air releases of
hurricanes at petroleum underground storage tank sites.
hazardous substances emitted from animal waste.
Combined, Titles II and IV, Division G, of P.L. 115-141
Program Reauthorizations
provided more funding than the FY2017 enacted and
P.L. 115-141 reauthorized two EPA programs. Division M,
FY2018 requested levels for EPA water infrastructure. Title
Title IV, extended the collection and use of fees under the
II provided $1.39 billion for Clean Water State Revolving
Federal Insecticide, Fungicide, and Rodenticide Act
Fund (SRF) capitalization grants, the same as enacted for
through the end of FY2018. These fees augment
FY2017; $863.2 million for Drinking Water SRF
appropriations for the regulation of pesticides. Division N
capitalization grants, $100.0 million less than the FY2017
(“BUILD Act”) reauthorized appropriations of $250.0
enacted level; and $10.0 million for the WIFIA program
million annually from FY2019 to FY2023 for the EPA
account, $20.0 million below the FY2017 enacted level.
Brownfields program, amended the grant criteria and
Title IV (§430) provided an additional $600.0 million
eligibility, and provided liability relief for certain categories
($300.0 million each) for Clean Water and Drinking Water
of parties. P.L. 115-141 funded the Brownfields program in
SRF capitalization grants and $53.0 million for the WIFIA
FY2018 at the FY2017 enacted level of $153.3 million.
program account. Title IV included $50.0 million for grants
authorized in the Water Infrastructure Improvement for the
Robert Esworthy, Specialist in Environmental Policy
Nation Act (P.L. 114-322), for which funding had not
David M. Bearden, Specialist in Environmental Policy
previously been appropriated.
IF10717
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U.S. Environmental Protection Agency (EPA) FY2018 Appropriations: Congressional Action

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https://crsreports.congress.gov | IF10717 · VERSION 7 · UPDATED