U.S. Environmental Protection Agency FY2021 Appropriations

U.S. Environmental Protection Agency FY2021 Appropriations

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June 8, 2020
U.S. Environmental Protection Agency FY2021 Appropriations
Since FY2006, Congress has funded the U.S. Environmental
As indicated in Figure 1, the President’s requested
Protection Agency (EPA) in the Interior, Environment, and
reductions in total EPA funding annually since FY2018
Related Agencies appropriations bills. Released February
have not been adopted by Congress in annual
10, 2020, the President’s budget for FY2021 requested
appropriations.
$6.66 billion for EPA. The adequacy of funding for EPA to
effectively carry out its mission and provide associated
Authorization of Appropriations
grants to support authorized state and tribal implementation
Funding appropriated to EPA supports the agency’s primary
of federal pollution control laws has been a perennial issue.
responsibilities authorized under several federal pollution
Trends in requested and enacted appropriations for EPA
control statutes and carried out in coordination with states
since FY2008 are shown in Figure 1. FY2021
and tribes. EPA also awards grants to assist delegated states,
appropriations have not been enacted to date.
tribes, and local governments to support implementation and
compliance with federal requirements to control pollution.
Figure 1. EPA Requested and Enacted Appropriations
FY2008-FY2021
The statutory authorization of appropriations for many of
($ nominal in bil ions not adjusted for inflation)
the programs and activities administered by EPA has
expired, but Congress has continued to fund them through
the appropriations process. Authorization of appropriations
is a procedural mechanism. Congress may appropriate
funding for a program or activity for which the authorization
of appropriations has expired if no Member raises a point of
order or the rules are waived for consideration of a bill.
Congress has typically done so to continue appropriations.
History of EPA Budget Authority
Figure 2 presents EPA discretionary “budget authority”
since FY1976 in nominal dollars and adjusted for inflation.
Budget authority is provided through annual appropriations
acts and constitutes the amount of funding available to an

agency for obligation in a fiscal year to carry out specific
Source: CRS using information from the Congressional Record; House,
purposes authorized in law.
Senate, and conference reports; and EPA’s FY2021 Congressional
Budget Justification. Enacted amounts reflect rescissions and
Figure 2. EPA Discretionary Budget Authority,
supplemental appropriations, including $7.22 bil ion included for EPA
FY1976-FY2020 Enacted and FY2021 Request
in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
($ in bil ions nominal and adjusted for inflation)
The FY2021 request for EPA is $2.71 billion (28.9%) less
than the total $9.37 billion FY2020 enacted appropriations.
Congress provided FY2020 enacted appropriations in the
Further Consolidated Appropriations Act, FY2020 (P.L.
116-94, Division D, Title II); the United States-Mexico-
Canada Agreement Implementation Act (P.L. 116-113, Title
IX); and the Coronavirus Aid, Relief, and Economic
Security Act (P.L. 116-136). The FY2021 request was
$435.6 million above the FY2020 request of $6.22 billion.
The FY2021 request includes a $159.1 million “cancellation
of funds” (rescission of unobligated balances of prior year
appropriations) for EPA across the board. The FY2020

request had proposed a $377.0 million cancellation of funds.
Source: CRS based on the White House Office of Management and
For FY2020, P.L. 116-94 did not rescind any unobligated
Budget (OMB), Budget of the United States Government Fiscal Year 2021,
balances for EPA, a departure from annual appropriations
Historical Tables, Table 5.4. CRS calculated for inflation using OMB
for some prior fiscal years. For FY2019, P.L. 116-6
deflators presented in Table 10.1. FY2009 funding level reflects the
included a combined $210.5 million rescission of
supplemental appropriations included for EPA in the American
unobligated balances from three of EPA’s 10 appropriations
Recovery and Reinvestment Act of 2009 (P.L. 111-5).
accounts.
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U.S. Environmental Protection Agency FY2021 Appropriations
The trend in nominal dollars presented in Figure 2 is based
account level in EPA’s budget justifications and committee
on a history of agency budget authority prepared by the
reports and explanatory statements accompanying annual
White House Office of Management and Budget (OMB).
appropriations bills.
Congress has funded EPA since the agency’s creation in
1970, but these OMB histories begin with FY1976.
The reductions and eliminations proposed for FY2021 are
distributed across various EPA operational functions and
EPA Appropriations Accounts
program activities as well as certain grants. Similar to the
Funding is annually appropriated to EPA among 10
FY2020 request, the President’s FY2021 request also
accounts established by Congress over time. These include
proposes to increase states’ responsibilities to carry out the
Environmental Programs and Management (EPM), State
delegated authorities and reduce grants that cover a portion
and Tribal Assistance Grants (STAG), Hazardous Substance
of the associated costs. This proposed increase in the
Superfund (“Superfund”), Science and Technology (S&T),
responsibility of states is described in EPA’s FY2021
Leaking Underground Storage Tank (LUST) Trust Fund
Congressional Budget Justification (under its strategic
Program, Buildings and Facilities, Office of Inspector
Goal 2, “More Effective Partnerships”).
General, Inland Oil Spill Program, Hazardous Waste
Electronic Manifest System Fund, and Water Infrastructure
Although the President has proposed an overall reduction in
Finance and Innovation Program.
funding for EPA in FY2021, funding for some program areas
would remain constant or increase compared to FY2020
As indicated in Figure 3, the proportional distribution of
enacted appropriations. For example, the FY2021 request
funding among these accounts has remained similar for
recommended $320.0 million for the Great Lakes Restoration
more than a decade with the exception of FY2009. The
Initiative, the same as the FY2020 enacted level; $61.5
STAG and EPM accounts have received the largest share of
million for sewer over flow control grants, a $33.5 million
funding, followed by the Superfund and S&T accounts. The
increase above the FY2020 enacted level of $28.0 million;
STAG account funds grants for water infrastructure,
and $50.0 million for a new “Healthy Schools Grant
brownfields site assessment and remediation, diesel
Program” to address environmental hazards in schools, the
emissions reduction, targeted airsheds, and “categorical”
same as requested but not enacted for FY2020.
grants to states and tribes for implementing pollution control
program. The EPM account funds many cross-cutting
EPA Staff Levels
agency activities and additional grants. The Superfund
The President’s FY2021 request proposed a reduction in
account supports the environmental remediation of priority
“full-time equivalents” (FTEs) for EPA in association with
sites designated for federal attention. The S&T account
the 28.9% reduction in total funding. Based on EPA-
funds research that supports agency regulatory decisions.
reported staffing levels, the FY2021 request of 12,610 FTEs
would be 11% below the FY2020 level of 14,172 FTEs and
Figure 3. EPA Appropriations by Account: FY2008-
the lowest since 1985. Congress does not set EPA staffing
FY2020 Enacted and FY2021 Request
levels in annual appropriations acts. EPA generally
($ nominal in bil ions not adjusted for inflation)
determines staffing levels based on the availability of
appropriations enacted each fiscal year to fund the agency.
Figure 4 presents the number of FTEs as reported annually
by EPA for FY2008-FY2020 and FY2021 as requested.
Figure 4. EPA-Reported Full-Time Equivalents:
FY2008-FY2020 Enacted and FY2021 Request

Source: CRS using information from the Congressional Record; House,
Senate, and conference committee reports; and EPA’s FY2021
Congressional Budget Justification. Enacted amounts include
supplemental appropriations—including $7.22 bil ion for EPA in the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5).

The President’s FY2021 request proposed funding
Source: CRS using information from EPA’s Budget in Brief for FY2018
reductions below FY2020 enacted levels for most EPA
and for FY2021.
accounts, including reductions of $1.70 billion (37.3%) for
Robert Esworthy, Specialist in Environmental Policy
STAG, $234.0 million (32.6%) for S&T, and $43.63 million
(47.5%) for the LUST Trust Fund Program account.
David M. Bearden, Specialist in Environmental Policy
Appropriated and requested funding for most EPA programs
IF11563
is generally identified below the EPA appropriations

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U.S. Environmental Protection Agency FY2021 Appropriations

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