U.S. Environmental Protection Agency (EPA) FY2019 Appropriations

U.S. Environmental Protection Agency (EPA) FY2019 Appropriations

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Updated September 9, 2019
U.S. Environmental Protection Agency (EPA)
FY2019 Appropriations
Enacted February 15, 2019, Division E of P.L. 116-6, the
including $7.22 bil ion for EPA in the American Recovery and
Consolidated Appropriations Act, FY2019, provided
Reinvestment Act of 2009 (P.L. 111-5).
funding for the Department of the Interior, Environment,
Prior to enactment of P.L. 116-6, Congress passed multiple
and Related Agencies, including a total of $8.85 billion for
appropriations bills during the 115th and 116th Congresses
the U.S. Environmental Protection Agency (EPA) in Titles
that included funding for EPA. At the beginning of
II and IV combined. After rescissions, Title II provided
FY2019, EPA and certain other departments and agencies
$8.06 billion for EPA, and Title IV appropriated an
operated under a series of continuing resolutions until an
additional $791.0 million for EPA water infrastructure
intervening lapse in appropriations after December 21,
program priorities and Superfund emergency response,
2018. EPA thereafter operated under its shutdown
removal, and remedial actions at eligible sites. The
contingency plans until another continuing resolution
Additional Supplemental Appropriations for Disaster Relief
provided funding from January 25, 2019, until the
Act, 2019 (P.L. 116-20), enacted June 6, 2019, provided an
enactment of P.L. 116-6 on February 15, 2019.
additional $414.0 million in emergency supplemental
appropriations for EPA to address Hurricanes Florence and
EPA Appropriations Accounts
Michael, 2018 earthquakes, and Typhoon Yutu.
More than a dozen federal laws authorize EPA operations.
Funding is annually appropriated to EPA among 10
The total EPA FY2019 appropriations of $9.26 billion in
accounts established by Congress over time: State and
P.L. 116-6 and P.L. 116-20 were $3.07 billion (49.6%)
above the President’s FY201
Tribal Assistance Grants (STAG), Environmental Programs
9 request of $6.19 billion and
and Management (EPM), Hazardous Substance Superfund
$376.5 million (4.4%) more than the total $8.89 billion
(“Superfund”), Science and Technology (S&T), Leaking
FY2018 enacted appropriations. The FY2018 enacted total
Underground Storage Tank (LUST) Trust Fund Program,
included $8.82 billion in Title II and Title IV of Division G
Buildings and Facilities, Office of Inspector General, Inland
of P.L. 115-141, enacted March 23, 2018, and $63.2 million
Oil Spill Program, Hazardous Waste Electronic Manifest
for EPA in emergency supplemental appropriations to
System Fund, and Water Infrastructure Finance and
address impacts of Hurricanes Harvey, Irma, and Maria in
Innovation Act (WIFIA) Program. As indicated in Figure
Division B, Subdivision 1, of P.L. 115-123, enacted
2, the proportional distribution of funding among these
February 9, 2018. P.L. 116-6 and the President’s FY2019
accounts has remained similar for more than a decade with
request included rescissions of EPA unobligated balances in
the exception of FY2009.
varying amounts: $210.5 million in P.L. 116-6 and $220.5
million in the request. For FY2018, P.L. 115-141 rescinded
Figure 2. EPA Appropriations by Account, FY2008-
$148.8 million in unobligated balances. Figure 1 illustrates
FY2019 Enacted (Not Adjusted for Inflation)
requested and enacted appropriations for EPA since
FY2008 through FY2019, including rescissions.
Figure 1. EPA Requested and Enacted Appropriations,
FY2008-FY2019 (Not Adjusted for Inflation)

Source: CRS using information from the Congressional Record; House,
Senate, and conference committee reports; and EPA’s FY2013
Operating Plan. Enacted amounts include supplemental
appropriations but do not reflect rescissions.

The STAG and EPM accounts have received the largest
Source: CRS using information from the Congressional Record; House,
share of funding, followed by the Superfund and S&T
Senate, and conference reports; and EPA’s FY2013 Operating Plan.
accounts. The STAG account funds grants for water
Enacted amounts reflect rescissions and supplemental appropriations,
infrastructure programs, brownfields site assessment and
remediation, diesel emissions reduction, targeted airsheds,
and “categorical” grants to states and tribes for
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U.S. Environmental Protection Agency (EPA)
FY2019 Appropriations
implementing federal pollution control programs. The EPM
116-20 included an additional $53.3 million for the Clean
account funds other grants and cross-cutting activities. The
Water SRF and $296.1 million for the Drinking Water SRF
Superfund account funds environmental remediation of
in emergency funding. The FY2018 enacted total for the
priority sites designated for federal attention in coordination
SRFs included in Division G, Titles II and IV, of P.L. 115-
with states. The S&T account funds scientific research to
141 was nearly the same as FY2019 enacted in P.L. 116-6
inform agency regulatory decisions.
prior to the FY2019 emergency funding included in P.L.
116-20. The President requested $1.39 billion for the Clean
P.L. 116-6 generally continued the existing federal and state
Water SRF grants and $863.2 million for the Drinking
framework for implementing and enforcing requirements
Water SRF grants but not the Title IV funding.
under multiple federal pollution control statutes, with
FY2019 funding for most program activities the same as or
Title IV of P.L. 116-6 included $65.0 million within the
above FY2018 enacted levels, albeit with some decreases.
EPA STAG account for grants authorized in the Water
P.L. 116-6 did not approve the President’s proposed
Infrastructure Improvements for the Nation Act (P.L. 114-
elimination of certain programs that presumed assumption
322), $15.0 million more than FY2018 enacted amount
of these responsibilities by the states, or reductions of
included in Title IV in P.L. 115-141. Comparable funding
funding for federal assistance to states and other purposes
was not included in the FY2019 request. P.L. 116-6 also
for which there have been joint federal/state roles.
provided $68.0 million for the WIFIA account for FY2019
($10.0 million in Title II and $58.0 million in Title IV),
Assistance to States
$5.0 million more than the FY2018 enacted level ($10.0
Funding to support the EPA’s responsibilities in
million in Title II and $53.0 million in Title IV) and $48.0
coordination with states and tribes was an issue in the
million more than the FY2019 request of $20.0 million.
FY2019 appropriations debate. EPA awards categorical
P.L. 116-6 continued funding in FY2019 for geographic
grants to assist delegated states and local governments in
programs that the President proposed to eliminate,
implementing and enforcing federal requirements to control
including the National Estuary Program, the Great Lakes
pollution. These categorical grants generally focus on
Restoration Initiative, the Chesapeake Bay Program, and
specific environmental media, wastes, or pollution sources.
other programs to restore specific water bodies.
P.L. 116-6 appropriated $1.08 billion for FY2019 to fund
state and tribal categorical grants, and P.L. 116-20 included
Agency Staffing
an additional $62.5 million in emergency funding. The
Although Congress does not set specific staffing levels for
combined total $1.14 billion for FY2019 was $13.5 million
EPA in annual appropriations acts, the size and structure of
more than FY2018 (including $50.0 million in emergency
the agency’s workforce was a topic of debate for FY2019 as
funding provided in P.L. 115-123). The President’s FY2019
it was for FY2018. As with the FY2018 enacted
request would have reduced these grants to $597.3 million.
appropriations, P.L. 116-6 did not fund the President’s
FY2019 request for EPA “workforce reshaping.” The
The President proposed to reduce funding to states from the
conference report (H.Rept. 116-9) accompanying P.L. 116-
LUST Trust Fund account by more than half—from $98.9
6 expressed the expectation that EPA would not
million enacted in FY2018 (including $7.0 million in
“consolidate or close any regional offices” in FY2019.
emergency funding provided in P.L. 115-123) to $47.5
million in FY2019. P.L. 116-6 provided $91.9 million for
Fee Authorization
the LUST account for FY2019, and P.L. 116-20 included an
Under the Administrative Provisions in Division E, Title II,
additional $1.5 million in emergency funding.
P.L. 116-6 reauthorized the collection and use of fees under
the Federal Insecticide, Fungicide, and Rodenticide Act
P.L. 116-6 provided $1.16 billion for the Superfund account
through the end of FY2019. Within the EPM account, P.L.
for FY2019, including $1.09 billion in Division E, Title II,
116-6 provided $5.0 million from fees authorized in the
and $68.0 million in Title IV (§429). The FY2018 enacted
Toxic Substances Control Act for chemical risk reviews.
total of $1.16 billion for Superfund included $1.15 billion
in Title II ($1.09 billion) and Title IV ($63.0 million
Regulatory Prohibitions/Limitations
[§430]) of Division G of P.L. 115-141 and $6.2 million in
Several EPA regulatory actions received attention, as in
emergency supplemental appropriations provided in P.L.
past fiscal year debates. Division E, Title IV, of P.L. 116-6
115-123 to address impacts at Superfund sites. The FY2019
prohibited the use of FY2019 appropriations for certain
request proposed $1.01 billion for the Superfund account.
actions: permitting of air emissions from livestock
production (§416), reporting of greenhouse gas emissions
Titles II and IV of Division E, P.L. 116-6, appropriated
from manure management systems (§417), regulating lead
more funding than the FY2018 enacted and FY2019
content of ammunition or fishing tackle (§418), regulating
requested levels for water infrastructure programs. Within
air emissions from small remote solid waste incinerators in
the STAG account, P.L. 116-6 provided $1.69 billion for
Alaska (§430), and permitting discharges of dredged or fill
Clean Water State Revolving Fund (SRF) capitalization
material for certain agricultural activities (§431). To date,
grants and $1.16 billion for Drinking Water SRF
EPA has not pursued rulemaking in some of these areas
capitalization grants. The FY2019 totals include $1.39
(e.g., lead content of ammunition or fishing tackle).
billion for the Clean Water SRF and $864.0 million for the
Drinking Water SRF in Division E, Title II, of P.L. 116-6
Robert Esworthy, Specialist in Environmental Policy
and an additional $600.0 million ($300.0 million each) for
David M. Bearden, Specialist in Environmental Policy
Clean Water and Drinking Water SRFs in Title IV. P.L.
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U.S. Environmental Protection Agency (EPA)
FY2019 Appropriations

IF11067

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