U.S. Environmental Protection Agency (EPA) FY2022 Appropriations

U.S. Environmental Protection Agency (EPA) FY2022 Appropriations

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June 9, 2022
U.S. Environmental Protection Agency (EPA) FY2022
Appropriations
With congressional approval, the Nixon Administration
EPA (and other federal departments and agencies) operated
established the U.S. Environmental Protection Agency
under the terms and conditions of a series of four
(EPA) under executive branch Reorganization Plan No. 3 of
continuing resolutions, generally at FY2021 enacted levels.
1970. This reorganization consolidated numerous federal
pollution control responsibilities that had been divided
Figure 1 presents trends in requested and enacted
among several federal agencies. Over time, EPA’s
appropriations for 11 fiscal years from FY2012 through
authorities have grown as Congress has enacted numerous
FY2022.
environmental statutes and major amendments to these
statutes. EPA’s primary responsibilities have evolved to
Figure 1. EPA Requested and Enacted Appropriations
include the regulation of air quality, water quality, and
FY2012-FY2022 (Not Adjusted for Inflation)
chemicals in commerce; development of regulatory criteria
for the management and disposal of solid and hazardous
waste; regulation of underground storage tanks; remediation
of environmental contamination; and other activities related
to pollution control. Although EPA sets uniform pollution
control standards and regulations on a national level, the
implementation and enforcement of many of these
standards and regulations are delegated to the states and
tribes. EPA also provides financial assistance to states,
tribes, and local governments to aid them in administering
delegated pollution control programs, complying with
certain federal environmental requirements, and financing
drinking water and wastewater infrastructure. Since
FY2006, Congress has funded EPA in the Interior,
Environment, and Related Agencies appropriations bills.

Source: CRS, using information from the Congressional Record;
FY2022 Appropriations
House, Senate, and conference committee reports. Enacted amounts
reflect rescissions and supplemental appropriations.
Enacted on March 15, 2022, Division G, Title II of P.L.
117-103, the Consolidated Appropriations Act, 2022,

provided a total of $9.56 billion in discretionary funding for
EPA Appropriations Accounts
EPA for FY2022. Division J, Title VI of the Infrastructure
Funding for discretionary spending is annually appropriated
Investment and Jobs Act (IIJA; P.L. 117-58), enacted on
to EPA among 10 statutory accounts established by
November, 15, 2021, provided an additional $60.89 billion
Congress over time. These include State and Tribal
for EPA in emergency supplemental appropriations. This
Assistance Grants (STAG), Environmental Programs and
total included $14.06 billion for FY2022. The balance of
Management (EPM), Hazardous Substance Superfund
the funds, $46.83 billion, were advance appropriations for
(“Superfund”), Science and Technology (S&T), Leaking
FY2023 through FY2026. Advance appropriations become
Underground Storage Tank Trust Fund Program, Buildings
available for obligation in future fiscal years. The FY2022
and Facilities, Office of Inspector General, Inland Oil Spill
amounts in this In Focus include the IIJA appropriations.
Program, Hazardous Waste Electronic Manifest System
See the discussion of the “Infrastructure Investment and
Fund, and Water Infrastructure Finance and Innovation
Jobs Act” below for further explanation of this funding.
Program accounts.
The total of EPA FY2022 regular and supplemental
As indicated in Figure 2, the proportional distribution of
appropriations is $23.62 billion, $14.38 billion (155.7%)
funding among these accounts has remained similar for
more than the $9.24 billion in FY2021 enacted
more than a decade, except for FY2022 with IIJA
appropriations (including rescissions). EPA FY2022 regular
supplemental appropriations. Historically, the STAG and
enacted appropriations of $9.56 billion were $1.67 billion
EPM accounts have received the largest share of funding,
(14.9%) less than the President’s FY2022 regular budget
followed by the Superfund and S&T accounts. The STAG
request of $11.23 billion and $322.3 million (3.5%) more
account funds grants for water infrastructure, brownfields
than FY2021 enacted appropriations (including recessions).
site assessment and remediation, diesel emissions reduction,
targeted airsheds, and “categorical” grants to delegated
Prior to the enactment of P.L. 117-103, multiple continuing
states and tribes for implementing pollution control
resolutions funded EPA. From the beginning of FY2022,
programs. The EPM account funds additional grants and
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U.S. Environmental Protection Agency (EPA) FY2022 Appropriations
many cross-cutting agency activities. The Superfund
The IIJA funding for EPA is available for obligation until
account supports the environmental remediation of priority
expended, with the exception of $25.0 million for
sites on nonfederal lands designated for federal attention in
developing battery recycling “best practices” and voluntary
coordination with the states in which the sites are located.
labeling guidelines that is available for expenditure through
The S&T account funds research that supports agency
FY2026.
regulatory decisions.
Figure 3 presents the IIJA emergency supplemental
Figure 2. EPA Enacted Appropriations by Account:
appropriations of $60.89 billion for EPA, within the STAG,
FY2012-FY2022
EPM, and Superfund accounts.
Figure 3. EPA IIJA Appropriations by Account

Source: CRS, using information from the Congressional Record;
Source: CRS, using information from P.L. 117- 58, Division J, Title
House, Senate, and conference committee reports. Enacted amounts
VI. Most of this funding is appropriated from FY2022 through
reflect rescissions and supplemental appropriations.
FY2026.

FY2022 regular annual appropriations in P.L. 117-103
IIJA also authorized appropriations for numerous EPA
funded increases in 9 of the 10 EPA appropriations
programs, the funding for which would depend on
accounts, compared to the FY2021 enacted appropriations.
subsequent appropriations acts. For example, Division E of
Total FY2022 appropriations, including IIJA
IIJA authorizes and reauthorizes appropriations for certain
appropriations, were $14.50 billion for the STAG account,
EPA drinking water and clean water infrastructure grant
a $10.18 billion (236.0%) increase compared to FY2021
and technical assistance programs from FY2022 through
enacted appropriations of $4.31 billion. Total FY2022
FY2026. Division J, Title VI, Section 614 of IIJA includes
appropriations were $4.73 billion for the Superfund
additional authorizations of appropriations for EPA
account, a $3.53 billion (292.5%) increase compared to
drinking water and clean water infrastructure revolving loan
FY2021 enacted appropriations of $1.21 billion. Total
fund capitalization grants. For more information on EPA
FY2022 appropriations were $3.38 billion for the EPM
drinking water and wastewater provisions in IIJA, see CRS
account, a $614.3 million (22.2%) increase compared to
Report R46892, Infrastructure Investment and Jobs Act
FY2021 enacted appropriations of $2.76 billion. See
(IIJA): Drinking Water and Wastewater Infrastructure. For
“Infrastructure Investment and Jobs Act” below for more
more information on regular FY2022 water infrastructure
details on this funding.
related appropriations, see CRS In Focus IF12103, U.S.
Environmental Protection Agency (EPA) Water
Infrastructure Investment and Jobs Act
Infrastructure Programs and FY2022 Appropriations.
IIJA provided $60.89 billion in emergency supplemental
appropriations for EPA. This amount does not include
Division G, Title XI, Section 71101 of IIJA also authorizes
nonemergency supplemental appropriations based on
appropriations for EPA’s Clean School Bus program from
estimated future Superfund tax receipts of $6.11 billion,
FY2022 through FY2026.
listed in the table in the explanatory statement
accompanying P.L. 117-58.
IIJA also includes provisions that reauthorized certain
federal excise taxes that finance the LUST Trust Fund
The funding for EPA accounts was appropriated for five
(Section 80102, subject to annual appropriations) and the
fiscal years from FY2022 through FY2026, with two
Hazardous Substance Superfund Trust Fund (Section
exceptions. First, IIJA appropriated all of the $50.0 million
80201, available for expenditure without further
in the STAG account for the EPA Underground Injection
appropriation as authorized in Division J, Title VI, Section
Control grant program in FY2022. Second, IIJA
613). For more information on federal Superfund taxes, see
appropriated all of the $3.50 billion in the Superfund
CRS In Focus IF11982, Superfund Tax Legislation in the
account in FY2022. IIJA authorized the use of this $3.50
117th Congress.
billion specifically for Superfund remedial actions and
waived state cost-shares for the expenditure of these funds.
Angela C. Jones, Analyst in Environmental Policy
IF12130

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U.S. Environmental Protection Agency (EPA) FY2022 Appropriations

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