Federal Appropriations Timelines and Documents

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Description

Background

This page serves as a resource for NACAA members to keep informed about the status of appropriations activities related to EPA’s budget. Key actions in the timeline are listed in reverse chronological order for each federal fiscal year.

FY 2025 Budget and Appropriations Information

FY 2024 Budget and Appropriations Information

FY 2023 Budget and Appropriations Information

FY 2022 Budget and Appropriations Information

FY 2021 Budget and Appropriations Information

FY 2025 Budget and Appropriations Information

NACAA Chart – Status of FY 2025 Appropriations Bills

Key Actions in Reverse Chronological Order

May 9, 2024 – NACAA submitted written testimony to the House and Senate Appropriations Subcommittees on Interior, Environment, and Related Agencies regarding FY 2023 appropriations specifically related to grants for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act. In the testimony, NACAA requests that Congress 1) provide $500 million in grants to state and local air agencies, which is an increase of $264 million over the FY 2024 appropriation; 2) provide flexibility to state and local air quality agencies to use federal grants to address the highest priority programs in their areas; 3) retain grants for monitoring fine particulate matter (PM_2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105; and 4) provide grant increases under authorities of the CAA that do not require matching funds (e.g., Section 103) as much as possible to allow agencies that do not have sufficient matching funds to still obtain the additional grants.

March 11, 2024 – The Biden-Harris Administration has released its proposed budget for FY 2025, calling for increases for EPA – and for state and local air grants – over the amounts contained in the recently adopted FY 2024 appropriation. Specifically, the budget requests:

$11 billion for EPA’s total budget (FY 2024 proposed budget was $12 billion and appropriation was $9.16 billion);
$400.2 million for state and local air grants under Sections 103 and 105 (FY 2024 proposed budget was $400.2 million and appropriation was $235.9 million);
$100 million in Diesel Emission Reduction Act grants (FY 2024 proposed budget was $150 million and appropriation was $90 million);
$69.9 million for Targeted Airshed Grants (FY 2024 proposed budget was $69.9 million and appropriation was $67.8 million);
$10.2 million for Multipurpose Grants (FY 2024 proposed budget was $10.2 million and appropriation was $0); and
$7 million for Wildfire Smoke Preparedness Grants (FY 2024 proposed budget was $7 million and appropriation was $7 million).

Other highlights of the proposed budget include $2.9 billion in EPA climate-related programs, $1.5 billion for Environmental Justice Efforts and $1.5 billion for Office of Air and Radiation programs. The proposal would add over 2,000 full-time equivalent (FTE) staff to EPA over FY 2023 levels (for a total of over 17,000 FTEs). The Administration’s proposal now goes to Congress for consideration, where it is almost certain many changes will be made to the requested amounts.

Links

https://www.epa.gov/system/files/documents/2024-03/fy-2025-epa-bib.pdf

https://www.epa.gov/system/files/documents/2024-03/fy-2025-congressional-justification-all-tabs.pdf

https://www.epa.gov/planandbudget/cj

FY 2024 Budget and Appropriations Information

NACAA Chart – Status of FY 2024 Appropriations Bills

Key Actions in Reverse Chronological Order

March 8, 2024 – Congress adopted H.Res. 1061, which is a $460 billion, six-bill appropriations package containing FY 2024 funding for EPA and several other federal agencies, thus averting a partial government shutdown beginning March 8, 2024 and providing funding for affected agencies through the remainder of the fiscal year (ending September 30, 2024). The bill calls for cuts to state and local air grants from FY 2023 levels. Specifically, it includes the following provisions (page references to the bill and accompanying report language follow each entry):

$9.159 billion for EPA’s total budget, compared to $10.135 billion in FY 2023 (34 of report);
$235.9 million for state and local air grants under Sections 103 and 105, compared to $249 million in FY 2023 (221 of report);
$90 million for DERA grants, compared to $100 million in FY 2023 (557 of bill and p. 218 of report);
$67.8 million in Targeted Airshed Grants, compared to $69.9 million in FY 2023 (558 of bill and p. 218 of report);
$7 million for Wildfire Smoke Preparedness Grants (competitive grant program), which is equal to the FY 2023 amount (560 of bill and pp. 44 and 220 of report); and
Retention of PM₅monitoring grants under Section 103, thus avoiding matching requirements, similar to previous years (p. 562 of bill).

The final bill does not include most of the controversial riders contained in the House bill (H.R. 4821) that was passed on November 3, 2023.

https://docs.house.gov/billsthisweek/20240304/HMS31169.PDF – Bill language (EPA begins on p. 540)

https://docs.house.gov/billsthisweek/20240304/FY24%20INT%20Conference%20JES%20scan%203.1.24.pdf – Report language (EPA begins p. 34, charts begin p. 213 of PDF with grants beginning p. 218)

November 17, 2023 – Congress has adopted and the President has signed H.R. 6363, which is a Continuing Resolution (CR) that extends funding for federal government programs at FY 2023 levels until early 2024, thereby avoiding a federal government shutdown that would have begun after November 17 2023. The President signed the bill while in San Francisco for the Asian-Pacific Economic Cooperation summit, where he has met with Chinese President Xi Jinping and other Asian world leaders. The CR provides funding until January 19, 2024 for certain parts of the government and until February 2, 2024 for the rest (the latter including EPA’s budget). H.R. 6363 passed in the House by a vote of 336-95 on November 14 and in the Senate by a vote of 87-11 on November 15. The President signed it into law on November 17, 2023. Legislation to provide FY 2024 funding for federal programs, or another CR, must be adopted by the January 19, 2024 and February 2, 2024 deadlines to avoid federal agency shutdowns. Congress adopted a previous CR on September 30, 2023, the last day of the federal fiscal year, which provided funds until November 17, 2023. The House adopted legislation to provide FY 2024 funding for EPA on November 3, 2024, but the Senate has not yet taken similar action. The House bill calls for $6.17 billion for EPA, while proposed legislation before the Senate would provide $9.9 billion (FY 2023 funding was $10.13 billion). Section 103/105 grants are $231.4 million in the adopted House bill and $249 million in the Senate proposal (FY 2023 was $249 million).

November 3, 2023 – The U.S. House of Representatives debated and voted (by a vote of 213-203) to approve H.R. 4821, legislation that provides FY 2024 appropriations for Interior, Environment, and Related Agencies, which includes EPA’s budget. The bill calls for steep cuts to EPA ($6.17 billion in FY 2024, as compared to $10.13 billion in FY 2023), and would reduce funding for state and local air grants to $231.4 (compared to $249 million in FY 2023). Additionally, the bill would rescind $9.4 billion in funds that the Inflation Reduction Act provided to EPA, the Presidio Trust and the Council on Environmental Quality. During debate on the bill, the House considered 131 amendments to Interior, Environment, and Related Agencies, including several related to EPA’s air and climate programs (see links below for lists of amendments). Amendments the House adopted included, among others, a reduction in EPA’s Environmental Programs and Management account within the Office of Air and Radiation by 50 percent and prohibitions on spending for the executive orders on climate change, environmental justice activities, heavy-duty engine and vehicle standards, reconsideration of particulate matter standards, community-scale ambient air monitoring, and enforcement of the greenhouse gas endangerment finding. On October 30, 2023, the Biden Administration issued a Statement of Administration Policy indicating that it opposed H.R. 4821 for a variety of reasons, including that it deviated from (i.e., further reduced) set spending levels that were agreed to in the bipartisan Fiscal Responsibility Act of 2023, which called for spending to be held generally flat with FY 2023 levels. The full Senate has not yet voted on legislation to fund EPA, although the Senate Appropriations Committee approved a bill in July that would provide EPA with $9.9 billion and $249 million (level funding) for state and local air grants. Since the House and Senate numbers differ, the two bodies must negotiate to arrive at identical legislation. The federal government is currently operating under a Continuing Resolution (CR) that has provided continued funding at FY 2023 levels since the start of the new fiscal year on October 1, 2023. The CR lasts until November 17, 2023, at which time Congress will need to adopt a second CR to avoid a government shutdown. Additional information:https://www.4cleanair.org/wp-content/uploads/House-amendments-adopted.pdf and https://rules.house.gov/sites/republicans.rules118.house.gov/files/HR4821HR4820HR6126RULE.pdf?source=email

September 30, 2023 – Congress adopted and the President signed a Continuing Resolution (CR) to extend federal funding at FY 2023 levels (for most programs) until November 17, 2023. The measure was necessary to avoid a government shutdown in the absence of appropriations legislation to fund the federal government for the entire fiscal year (the federal fiscal year expired on September 30, 2023). Congress must now pass legislation to provide funding for federal programs or adopt another CR by November 17. With respect to EPA’s budget, neither the House nor the Senate has adopted legislation to provide funding for the agency, although the Appropriations Committees in both houses have approved legislation to be considered on the floor of their respective bodies. See https://www.congress.gov/118/bills/hr5860/BILLS-118hr5860cph.pdf

July 28, 2023 – The Senate Appropriations Committee marked up and approved legislation that includes EPA funding for FY 2024 by a vote of 28-0. It calls for $9.9 million for EPA funding, as compared to $10.13 in FY 2024 and $12.1 million in the Administration’s budget request, as well as $249 million for state and local air grants under Sections 103 and 105 (equal to FY 2023, but below the Administration request of $400 million). The Senate bill also called for the following: $100 million for DERA funding, $69.9 million for Targeted Airshed Grants and zero for Multipurpose Grants (all three of these amounts are equal to FY 2023 levels). It includes $9 million for Wildfire Smoke Preparedness Grants (compared to $7 million in FY 2023). As in recent years, the bill would require EPA to allocate state and local air grants as it did in FY 2015. During the mark-up of the bill, Senator John Hoeven (R-ND) raised and withdrew an amendment to prevent EPA from proceeding with the proposed Mercury and Air Toxics Standards (MATS). He dropped the amendment, noting that he planned to address the issue through the Congressional Review Act. The Senate bill does not include an extensive list of policy riders, as the House bill did. Senate floor action has not been scheduled. In the House, the Appropriations Committee approved a bill on July 19 calling for steep cuts to EPA’s budget, recommending $6.17 billion (as compared to $10.13 billion in FY 2023 and $12 billion requested by the Administration) and $231.4 million for state and local air grants (compared to $249 million in FY 2023 and $400.2 million in the Administration’s request).

More information: https://www.appropriations.senate.gov/imo/media/doc/fy24_interior_bill_text.pdf (Bill text — EPA begins on page 77) and https://www.appropriations.senate.gov/imo/media/doc/fy24_interior_bill_report.pdf (Report language — EPA begins on page 79, with detailed charts on page 204)

July 19, 2023 – The House Appropriations Committee marked up and approved a bill that includes EPA’s FY 2024 funding, calling for cuts to state and local air grants. Specifically, it includes $231.39 million for state and local air grants under Sections 103 and 105 of the Clean Air Act, as compared to $249 million in FY 2023 and $400.2 million in the Administration’s proposed budget (while NACAA has testified that an assessment of the need for state and local agencies is estimated at $500 million). The bill would cut EPA’s overall budget significantly, appropriating $6.173 billion for the agency, which is $3.96 billion (39 percent) less than FY 2023 appropriations and $5.91 billion (49 percent) below the Administration’s budget request. The Committee report accompanying the bill included language on several air-related issues (see identified page in report for more detail):

Ethylene oxide – EPA may not take regulatory action related to ethylene oxide until the Food and Drug Administration certifies the rule will not affect the availability of sterile medical products (p. 65)
Local air districts – There are federal, state and local activities, including prescribed burns, that impact a local air district’s compliance with air quality standards. The committee is encouraging EPA to “identify and appropriately consider these various inputs when evaluating compliance.” (p. 66)
Light-Duty Vehicle Fleet – The bill includes no funding for EPA to plan, build out or transition to electric or zero emission vehicles and the associated charging infrastructure. The Committee expressed concern about the purchase of electric vehicles by the federal government, while stalling domestic mineral mining projects that would supply minerals like lithium and copper to produce electric vehicles. (p. 56)
The committee report also includes specific directives related to the methane rule (p. 67), the renewable fuel standard (p. 59 and p. 67) and the sale of E15 (urging EPA to finalize the waver as quickly as possible) (p. 67).

During the mark-up, the Committee adopted amendments that, among other things, prohibit funding for finalizing and implementing EPA’s proposed regulation of greenhouse gases from power plants, and block the Mercury and Air Toxics Standards (MATS). As reported in last week’s Washington Update, the bill calls for $105 million for Diesel Emissions Reduction Act (DERA) funding (compared to $100 million in FY 2023 and $150 million in the Administration’s budget) and $69.9 million for Targeted Airshed Grants (equal to FY 2023 and the Administration’s proposal). The bill also includes multiple specific provisions affecting EPA’s activities, including rescission of $7.8 billion from the Inflation Reduction Act’s (IRA’s) Greenhouse Gas Reduction Fund and $1.4 billion from IRA’s Environmental and Climate Justice funding. It also would create new prohibitions on the following:

EPA approval of a waiver of preemption for California regulations that include a requirement that new small off-road engines be zero-emission;
funding for EPA to implement or enforce the federal “Good Neighbor Plan” related to the 2015 ozone NAAQS;
EPA’s incorporation of the “Social Cost of Carbon” into cost-benefit analyses;
mandatory reporting of greenhouse gas emissions from manure management systems; and
implementation of CAA permitting requirements for livestock emissions.

More information: https://docs.house.gov/meetings/AP/AP00/20230719/116262/HMKP-118-AP00-20230719-SD002.pdf (Report language, EPA begins on p. 55) and https://docs.house.gov/meetings/AP/AP06/20230713/116239/BILLS-1181–AP–Interior.pdf (Bill language related to EPA begins on p. 67) and https://www.4cleanair.org/wp-content/uploads/interior-epa-gop-en-bloc.pdf (amendments) and https://appropriations.house.gov/news/press-releases/committee-approves-fy24-interior-environment-and-related-agencies-bill

May 2, 2023 – NACAA has sent a letter to Senators Patty Murray (D-WA) and Susan Collins (R-ME), the Chair and Vice Chair, respectively, of the Senate Appropriations Committee, recommending significant increases in FY 2024 federal grant funding for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act (CAA). The letter, copies of which were also sent to all the members of the Senate Appropriations Committee, articulated NACAA’s four recommendations regarding FY 2024 federal appropriations. These are that Congress should: 1) provide $500 million in grants to state and local air agencies, which is an increase of $251 million over FY 2023 and $100 million more than the Administration’s FY 2024 request of $400 million; 2) provide flexibility to state and local air quality agencies to use federal grants to address the highest priority programs in their areas; 3) retain grants for monitoring fine particulate matter (PM_2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105; and 4) provide grant increases under authorities of the CAA that do not require matching funds (e.g., Section 103) as much as possible to allow agencies that do not have sufficient matching funds to still obtain the additional grants. NACAA had previously provided testimony to the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies communicating these recommendations.

May 1, 2023 – NACAA submitted testimony to the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies regarding FY 2023 appropriations specifically related to grants for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act. In the testimony, NACAA requests that Congress 1) provide $500 million in grants to state and local air agencies, which is an increase of $251 million over the FY 2023 appropriation of $249 million and $100 million above the Administration’s request; 2) provide flexibility to state and local air quality agencies to use federal grants to address the highest priority programs in their areas; 3) retain grants for monitoring fine particulate matter (PM_2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105; and 4) provide grant increases under authorities of the CAA that do not require matching funds (e.g., Section 103) as much as possible to allow agencies that do not have sufficient matching funds to still obtain the additional grants.

March 27, 2023 – NACAA sent a letter to Reps. Kay Granger and Rosa DeLauro, the Chair and Ranking Member, respectively, of the House Appropriations Committee, recommending significant increases in FY 2024 federal grant funding for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act (CAA). The letter, copies of which were also sent to all the members of the House Appropriations Committee, articulated NACAA’s four recommendations regarding FY 2024 federal appropriations. These are that Congress should: 1) provide $500 million in grants to state and local air agencies, which is an increase of $251 million over FY 2023 and $100 million more than the Administration’s FY 2024 request of $400 million; 2) provide flexibility to state and local air quality agencies to use federal grants to address the highest priority programs in their areas; 3) retain grants for monitoring fine particulate matter (PM_2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105; and 4) provide grant increases under authorities of the CAA that do not require matching funds (e.g., Section 103) as much as possible to allow agencies that do not have sufficient matching funds to still obtain the additional grants. NACAA had previously provided testimony to the House Appropriations Subcommittee on Interior, Environment, and Related Agencies communicating these recommendations.

March 16, 2023 – NACAA submitted testimony to the House Appropriations Subcommittee on Interior, Environment, and Related Agencies regarding FY 2023 appropriations specifically related to grants for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act. In the testimony, NACAA requests that Congress 1) provide $500 million in grants to state and local air agencies, which is an increase of $251 million over the FY 2023 appropriation of $249 million; 2) provide flexibility to state and local air quality agencies to use federal grants to address the highest priority programs in their areas; 3) retain grants for monitoring fine particulate matter (PM_2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105; and 4) provide grant increases under authorities of the CAA that do not require matching funds (e.g., Section 103) as much as possible to allow agencies that do not have sufficient matching funds to still obtain the additional grants.

March 16, 2023 – The Administration’s FY 2024 budget request for EPA is calling for $400.2 million in grants to state and local air agencies under Sections 103 and 105 of the Clean Air Act. This is an increase of $151.2 million (approximately 60 percent) over the amount appropriated in FY 2023 ($249 million). Additional details about the proposed budget include the following:

$150 million for grants for the Diesel Emissions Reduction Act (DERA) program (compared to $100 million in FY 2023);
$69.9 million for Targeted Airshed Grants (equal to FY 2023); and
$10.2 million for Multipurpose Grants (zero in FY 2023).

As announced last week, the budget request includes $12 billion for EPA’s total budget (compared to $10.13 billion in FY 2023), which is an increase of 19 percent. Among the features of the proposed budget are an increase to EPA’s staffing levels, by adding 2,400 Full Time Equivalents (FTEs), compared to 2022, for a total of over 17,000 FTEs; a focus on climate change work by including nearly $5 billion to address climate change (mitigation and adaptation); and emphasis on environmental justice (EJ) by providing nearly $1.8 billion to support EJ efforts in EPA’s programs. More information: https://www.epa.gov/system/files/documents/2023-03/fy-2024-epa-bib.pdf (p. 104 – narrative about air grants; p. 95 – detailed charts with information about State and Tribal Assistance Grants)

March 8, 2023 – The Administration issued top-line figures for its proposed FY 2024 budget for the federal government, calling for $12 billion for EPA’s total budget (compared to $10.13 billion in FY 2023), which is an increase of 19 percent. Unlike previous years, the budget announcement did not include specific details about EPA’s programs, such as recommended funding levels for Section 103/105 grants, Targeted Airshed Grants, DERA funding or other programs. However, the budget’s summary did state that the “Budget also supports $367 million to assist air pollution control agencies in the development, implementation, and evaluation of programs for the National Ambient Air Quality Standards (NAAQS) and to establish standards for reducing air toxics,” hinting that this may be the amount to be proposed for state, local and tribal air grants.

EPA Administrator Michael Regan made an announcement stating that full details on the budget will be released later in March and will be available here. The Administrator’s announcement did provide a few details about environmental programs, however, indicating that the federal government’s proposal calls for the following:

$1.4 billion to “improve air quality and reduce localized pollution, reduce exposure to radiation, and improve indoor air for communities across the country. This includes $180 million to support the development and implementation of national emission standards to reduce air pollution from vehicles, engines and fuels”;
an increase to EPA’s staffing levels of 2,400 Full Time Equivalents (FTEs) – compared to 2022 – for a total of over 17,000 FTEs;
nearly $5 billion to address climate change mitigation and adaptation;
nearly $1.8 billion across numerous programs to support EJ efforts;
$246 million for civil enforcement efforts, $75 million for criminal enforcement measures and $165 million for compliance monitoring; and

approximately $170 million to combat Per- and Polyfluoroalkyl Substances (PFAS), including increasing EPA’s understanding of PFAS impacts and restricting use to prevent PFAS from entering the air, land and water.

FY 2023 Budget and Appropriations Information

NACAA Chart – Status of FY 2023 Appropriations Bills

Key Actions in Reverse Chronological Order

December 23, 2022 – Congress adopted and the President signed (on December 29, 2022) H.R.2617, which includes funding for the federal government for the remainder of FY 2023. The bill calls for $249 million for state and local air grants under Sections 103 and 105 of the Clean Air Act. This is $17.6 million above the FY 2022 level, but $73.2 million below the Administration’s request. Other provisions in the final bill include the following:

$10.13 billion for EPA’s total budget ($9.56 billion in FY 2022, $11.9 billion in the Administration’s request);
language calling for state and local air grants to again be allocated using the FY 2015 formula;
$7 million in Section 103 grants for wildfire smoke preparedness grants (this is over and above the $265 million for state and local air grants described above; the Senate recommendations called for $10 million);
$100 million for Diesel Emissions Reductions Act (DERA) grants ($92 million in FY 2022, $150 million in the Administration’s request);
$69.9 million for Targeted Airshed Grants ($62 million in FY 2022, $59 million in the Administration’s request);
no funding for Multipurpose grants (the FY 2022 law had no funding for this, but the Administration’s request was $10.2 million);

The federal government had been operating under two Continuing Resolutions (CRs) adopted on September 30, 2022 and December 15, 2022, the latter of which extended funding through December 23, 2022. The CRs were necessary to avoid a government shutdown since Congress had not adopted FY 2023 federal funding by the end of the previous fiscal year on September 30, 2022.

Bill language (EPA begins p. 809)

Report language (EPA begins p. 47, charts begin p. 265)

December 15, 2022 – Congress adopted a second Continuing Resolution (CR) to extend federal funding at FY 2022 levels (for most programs) until December 23, 2022. The first CR, adopted on September 30, 2022, extended federal funding until December 16, 2022. The measures were necessary to avoid government shutdowns in the absence of appropriations legislation to fund the federal government for the entire fiscal year (the federal fiscal year expired on September 30, 2022). According to reports, Congressional leaders have arrived at compromises that may allow them to adopt omnibus legislation that would fund federal programs through the end of FY 2023. The week-long CR is designed to allow Congress time to prepare and pass this legislation. See https://www.congress.gov/bill/117th-congress/house-bill/1437

September 30, 2022 – Congress adopted and the President signed H.R. 6833, which provides continued funding for the federal government from October 1, 2022 (the start of FY 2023) until December 16, 2022. The House approved the bill 230-201 and the Senate voted 72-25. The measure, commonly known as a Continuing Resolution (CR), was necessary to avoid a government shutdown, since Congress did not adopt appropriations legislation to fund the federal government for the entire fiscal year by the end of FY 2022 on September 30, 2022. Congress must adopt funding legislation or another CR by December 16, 2022 to avoid a shutdown at that time. The CR provides ongoing funding at FY 2022 levels in most cases, although it contains additional funding for several efforts, including low-income energy projects, emergency assistance for Ukraine, wildfire recovery in New Mexico and disaster relief in various locations. The CR is available here: https://www.congress.gov/bill/117th-congress/house-bill/6833/text

July 28, 2022 – The Senate Appropriations Committee released its recommended funding levels for FY 2023 appropriations, calling for $265 million for state and local air grants under Sections 103 and 105 of the Clean Air Act. This is $33.6 million above the FY 2022 level, but $57.2 million below the Administration’s request and the House bill’s figure of $322.2 million. The committee’s report language indicated that the increase in state and local air grants is “to help expand the capacity of air pollution control agencies to implement programs to address greenhouse gas emissions, improve air quality monitoring and outcomes, and reduce disproportionate exposure to dangerous pollution in environmental justice communities.” Other provisions in the Senate proposal include the following:

$10.6 billion for EPA’s total budget ($9.56 billion in FY 2022, $11.5 billion in House bill);
language calling for state and local air grants to again be allocated using the FY 2015 formula;
$10 million in Section 103 grants for wildfire smoke preparedness grants (this is over and above the $265 million for state and local air grants described above);
$96 million for Diesel Emissions Reductions Act (DERA) grants ($92 million in FY 2022, $159 million in House bill);
$61.9 million for Targeted Airshed Grants ($62 million in FY 2022, $100 million in House bill);
no funding for Multipurpose grants (the FY 2022 bill and the House bill had no funding for this, but the Administration’s request was $10.2 million);
an increase of $231 million for EPA’s climate and clean air program (a 54-percent increase);
an increase of $50 million for community air monitoring;
an increase of $70 million (26 percent) for EPA’s enforcement and compliance programs; and
an increase of $80 million (80 percent) for environmental justice programs, for a total of $180 million.

The Senate committee’s proposal has not yet been scheduled for floor action. The bill summary is here: https://www.appropriations.senate.gov/imo/media/doc/Interior%20FY%2023%20Summary.pdf. The bill text is here: https://www.appropriations.senate.gov/imo/media/doc/INTFY2023.PDF (EPA section begins page 78). Report language is here: https://www.appropriations.senate.gov/imo/media/doc/INTFY23RPT.PDF(EPA section begins page 77, charts begin page 207, STAG grants charts begin page 211)

July 20, 2022 – The House of Representatives voted 220-207 to adopt H.R. 8294 – the “Initial FY 2023 Appropriations Package” – which contains funding for six of the 12 annual federal spending bills, including EPA’s budget. The Senate has yet to act on FY 2023 appropriations, so it appears increasingly likely that Congress will have to adopt a continuing resolution to provide ongoing funding after the fiscal year ends on September 30, 2023. The House bill includes $322.2 million in grants to state and local air agencies under Sections 103 and 105 of the Clean Air Act. This is an increase of $90.8 million over last year and equal to the Administration’s request. It also includes the following:

$11.5 billion for EPA, compared to $11.88 billion in the Administration’s request and $9.56 billion in FY 2022;
$150 million for grants under the Diesel Emissions Reduction Act (DERA), equal to the Administration’s request and $58 million above FY 2022;
$100 million for Targeted Airshed Grants, compared to $59 million in the Administration’s request and $62 million in FY 2022;
No funding for Multipurpose grants, compared to $10.2 million in the Administration’s request and zero in FY 2022;
Retention of PM_2.5 monitoring grants under Section 103 authority (where matching funds are not needed), rather than transitioning them to Section 105 authority, as the Administration is recommending; and
$301 million for environmental justice activities, which is an increase of $200 million over last year and equal to the Administration’s request.

During floor debate, many amendments were considered. Among those that failed to pass were several to reduce overall funding for the Interior, Environment, and Related Agencies bill (which includes EPA) by 5 or 22 percent; several to significantly reduce or eliminate funding for environmental justice implementation and training; and one to prohibit funding for the implementation of the Administration’s climate change executive order. The announcement is here: https://appropriations.house.gov/news/press-releases/house-passes-six-bill-government-funding-package and the list of amendments is here: https://appropriations.house.gov/hr-8294-amendment-tracker

June 29, 2022 – The House Appropriations Committee approved by a vote of 32-24 a bill containing FY 2023 appropriations for EPA, calling for $322.2 million in grants to state and local air agencies under Sections 103 and 105 of the Clean Air Act. This is an increase of $90.8 million over last year and equal to the Administration’s request. The House Subcommittee on Interior, Environment, and Related Agencies had approved the measure on June 21, 2022. The legislation also includes:

$11.5 billion for EPA, compared to $11.88 billion in the Administration’s request and $9.56 billion in FY 2022;
$150 million for grants under the Diesel Emissions Reduction Act (DERA), equal to the Administration’s request and $58 million above FY 2022;
$100 million for Targeted Airshed Grants, compared to $59 million in the Administration’s request and $62 million in FY 2022;
No funding for Multipurpose grants, compared to $10.2 million in the Administration’s request and zero in FY 2022;
Retention of PM_2.5 monitoring grants under Section 103 authority (where matching funds are not needed), rather than transitioning them to Section 105 authority, as the Administration is recommending; and
$301 million for environmental justice activities, which is an increase of $200 million over last year and equal to the Administration’s request.

With respect to the funds for state and local air grants under Sections 103/105, the Appropriations Committee’s report accompanying the bill states: “The Committee is providing substantial increases of resources to accelerate the deployment of air monitoring equipment, especially in overburdened communities, and to enhance ongoing efforts at the state level to address emissions of carbon pollution.” The bill is expected to go to the House floor for a vote within several weeks.

Additional information:

https://docs.house.gov/meetings/AP/AP00/20220629/114967/HMKP-117-AP00-20220629-SD003.PDF (House report language – EPA text begins p. 80; grant language begins p. 98; EPA charts begin p. 267; grant charts begin p. 273)

https://docs.house.gov/meetings/AP/AP00/20220629/114967/BILLS-117-FC-AP-FY2023-AP00-Interior.pdf (Bill language – EPA text begins p. 82; grant language begins p. 86)

https://appropriations.house.gov/news/press-releases/appropriations-committee-approves-fiscal-year-2023-interior-environment-and

May 11, 2022 – NACAA submitted testimony to the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies regarding FY 2023 appropriations specifically related to grants for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act. In the testimony, NACAA requests that Congress 1) provide $500 million in grants to state and local air agencies, which is $178 million above the President’s proposed budget for FY 2023; 2) provide flexibility to state and local air quality agencies to use any additional grants to address the highest priority programs in their areas; 3) retain grants for monitoring fine particulate matter (PM_2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105; and 4) provide grant increases under authorities of the CAA that do not require matching funds (e.g., Section 103) as much as possible to allow agencies that do not have sufficient matching funds to still obtain the additional grants.

March 28, 2022 – The Biden Administration issued its proposed FY 2023 budget for the federal government, which will now be sent to Congress for consideration. The proposed EPA budget calls for $322.2 million for state and local air quality grants under Sections 103 and 105 of the Clean Air Act, which would be an increase of $92.7 million over the FY 2022 appropriated amount ($229.5 million). EPA states that, among other things, the grants will “support state and local air quality networks, air permitting programs, emission inventories, air quality forecasts, air quality training, visibility improvements, and air toxic monitoring efforts.” EPA also identifies other uses for these funds, including compliance, regional haze plans, monitoring networks, “on-the-ground” efforts to reduce and prevent greenhouse gases (GHGs), methane emission reductions, build-out of electric vehicle charging station infrastructure and environmental justice. The FY 2023 budget includes $11.88 billion for EPA’s total budget (compared to $9.56 billion in FY 2022), including expanding EPA’s staff by 1,900 to 16,200, its highest level in over a decade. The budget also calls for the following:

$150 million for grants for the Diesel Emissions Reduction Act (DERA) program (compared to $92 million in FY 2022);
$59 million for Targeted Airshed Grants (compared to $62 million in FY 2022);
$10.2 million for Multipurpose Grants (zero in FY 2022);
$126 million to study and regulate PFAS chemicals (an increase of $57 million);
$13 million for a new program to study and respond to wildfire smoke;
$100 million to develop and implement a community air quality monitoring and notification program to advance environmental justice;
$135 million for a program that includes competitive grants to support projects to reduce GHGs, create jobs and promote economic recovery in EJ communities (grants to states, local governments, tribes and community organizations);
$1.45 billion across EPA’s programs to secure racial equity, secure EJ and create good-paying jobs;
elevation of EJ and civil rights work by creating a dedicated EPA office, led by a new Assistant Administrator position; and
creation of five EJ competitive grant programs.

For further information: (full federal budget) https://www.whitehouse.gov/omb/budget/ and (EPA’s “Budget in Brief”) https://www.epa.gov/system/files/documents/2022-03/fy-2023-epa-bib.pdf and https://www.epa.gov/planandbudget/cj

March 10, 2022 – NACAA submitted testimony to the House Appropriations Subcommittee on Interior, Environment, and Related Agencies regarding FY 2023 appropriations specifically related to grants for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act. In the testimony, NACAA requests that Congress 1) provide $500 million in grants to state and local air agencies, which is an increase of $269 million over the FY 2022 appropriation of $231 million; 2) provide flexibility to state and local air quality agencies to use any additional grants to address the highest priority programs in their areas; 3) retain grants for monitoring fine particulate matter (PM_2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105; and 4) provide grant increases under authorities of the CAA that do not require matching funds (e.g., Section 103) as much as possible to allow agencies that do not have sufficient matching funds to still obtain the additional grants.

February 28, 2022 – NACAA Members are encouraged to communicate funding needs to Members of Congress. NACAA developed a model letter for members to use.

February 15, 2022 – NACAA adopted recommendations for FY 2023 federal grant funding for state and local air agencies under Sections 103 and 105.

FY 2022 Budget and Appropriations Information

NACAA Chart – Status of FY 2022 Appropriations Bills

Key Actions in Reverse Chronological Order

March 9-10, 2022 – By a vote of 260-171 in the House of Representatives and 68-31 in the Senate, Congress adopted H.R. 2471 – legislation containing FY 2022 appropriations for the federal government. It calls for an increase of approximately $2 million for state and local air grants (Sections 103 and 105) over FY 2021 levels, for a total of $231.4 million.  This is far below the President’s FY 2022 request of $321.5 million and the amounts contained in the House bill passed on July 29, 2021 ($320 million) and the Senate recommendations released on October 18, 2021 ($321.5 million).  The bill calls for $9.56 billion for EPA, which is $322 million above FY 2021, but $1.67 billion below the President’s request. The federal government was operating under a Continuing Resolution (CR) that expired on March 11, so passage of the bill averted a federal government shutdown. The omnibus funding bill also includes the following:

DERA grants – $92 million ($90 million last year);
Targeted Airshed Grants – $62 million ($59 million last year);
Multi-purpose Grants – zero funding ($10 million last year);
PM_2.5 monitoring to remain under Section 103 authority (as in previous years); 
$4 million for wildfire smoke preparedness competitive grants, to be distributed to states, tribes, local education agencies and non-profit organizations for assessment, prevention, control or abatement of wildfire smoke hazards in community buildings, including schools; and 
A $5.8-million increase in EPA’s enforcement budget specifically earmarked for environmental justice enforcement.

The report language accompanying the bill states the following, with respect to state and local air grants: “The Agency is directed to allocate funds for this program using the same formula as fiscal year 2015. Should the Agency seek to change the formula, it should submit a proposal in its fiscal year 2023 budget justification for consideration by the Committees.”  The report additionally states: “Community Air Quality Monitoring.-The Committees urge the Agency to prioritize air quality monitoring systems that yield frequently repeated measurements of pollutants and identify hotspots or areas of persistent elevated levels of pollutants localized to and caused by the characteristics of a specific geographic location. The Committees encourage the Agency to utilize this information to provide regularly updated data to overburdened and marginalized communities and for public awareness and other activities.”  For further information: bill language (EPA begins p. 823): click here and report language (EPA text begins p. 47 and charts p. 234): click here and NACAA Comparison Chart of FY 2022 Appropriations Bills: click here

December 3, 2021 – Congress adopted H.R. 6119, which provides continued funding for federal programs until February 18, 2022, and averts a federal government shutdown that would have begun December 4, 2021. This was the second “continuing resolution” (CR) Congress adopted to extend federal funding at FY 2021 levels, made necessary because legislation to provide FY 2022 funding was not enacted by the end of the fiscal year on September 30, 2021. The first CR, signed on September 30, 2021, extended funding through December 3, 2021.

October 18, 2021 – The Senate Appropriations Committee has released its proposed bills for FY 2022 federal funding, calling for an increase of $92 million for state and local air grants (Sections 103 and 105) over FY 2021 levels, for a total of $321.5 million. This is equal to the President’s FY 2022 request and $1.5 million above the amount in the House of Representatives’ bill adopted in July 2021. The Senate bill calls for $10.54 billion for EPA, as compared to the President’s request of $11.2 billion and the House bill amount of $11.34 billion. The full Senate has not yet considered or voted on the Committee’s proposal and no action has been scheduled. The federal government is operating under a Continuing Resolution that lasts until December 3, 2021. The Senate proposal also calls for the following:

DERA – $142 million (the President’s request and the House bill called for $150 million);
Targeted Airshed Grants – $59 million (the President’s request was $59 million and the House called for $71 million);
Multi-purpose Grants – $5 million (the President’s request was $10.2 million and the House called for zero);
PM_2.5 monitoring to remain under Section 103 authority (same as the House bill); and
$100 million for six Environmental Justice grant programs (including competitive, community, state, tribal, training and research grants).

The report language accompanying the bill states the following, with respect to state and local air grants: “The Committee recommends increased resources to help expand the capacity of air pollution control agencies to implement programs to address greenhouse gas emissions, improve air quality monitoring and outcomes, and reduce disproportionate exposure to dangerous pollution in environmental justice communities. The Agency is directed to allocate funds for this program using the same formula as fiscal year 2015. Should the Agency seek to change the formula, it should submit a proposal in its fiscal year 2023 budget justification for consideration by the Committee.”

Bill language (EPA begins p. 78) and Report language (EPA begins p. 74, charts begin p. 217)

July 29, 2021 – By a vote of 219-208, the U.S. House of Representatives adopted H.R. 4502, which contains FY 2022 appropriations for a host of federal agencies, including EPA. It calls for $320 million in grants to state and local air agencies under Sections 103 and 105 ($90.5 million above FY 2021 levels); $11.34 billion for EPA’s total budget (approximately $2 billion above FY 2021 levels); $150 million for grants under the Diesel Emissions Reduction Act (DERA) ($60 million above FY 2021 levels); $71 million for Targeted Airshed Grants ($12 million above FY 2021 levels); zero for Multipurpose grants (which were $10 million in FY 2021); $100 million for six new Environmental Justice grant programs; and retention of PM 2.5 monitoring grants under Section 103 authority (the Administration’s request called for shifting it to Section 105 authority). Consideration of the bill on the House floor included votes on numerous amendments introduced by both Democrats and Republicans. Among those that were adopted included an increase of $1 million for the Civilian Climate Corps, a transfer of $1 million from the Department of Interior to EPA’s Targeted Airshed Grants and an amendment intended to highlight advances in sensor technology for mobile air quality monitoring and to encourage EPA to focus on continuing to integrate this technology. Among the amendments that were voted down were measures that attempted to eliminate funding for EPA’s Criminal Enforcement Division, the Administration’s executive order to address climate change, DERA, the oil and natural gas rule, the Civilian Climate Corps and new environmental justice programs. Other rejected amendments would have reduced overall funding by 20 percent and environmental justice training and implementation grants by $100 million. The Senate has not yet acted on FY 2022 appropriations legislation so it is highly likely Congress will need to adopt a continuing resolution to keep the federal government in operation after the new fiscal year begins on October 1, 2022. For further information: click here and here.

July 1, 2021 – The House Appropriations Committee marked up and approved by a vote of 32-24 a bill that contains FY 2022 funding for EPA, calling for $320 million in grants to state and local air agencies under Sections 103 and 105. This is $90.5 million above FY 2021 levels and $1.5 million below the Administration’s request. The amount is also consistent with NACAA’s recommendations to Congress for air grants. The report language accompanying the bill states: “The Committee is providing substantial increases of resources to accelerate the deployment of air monitoring equipment, especially in overburdened communities, and to enhance ongoing efforts at the state level to address emissions of carbon pollution.” Other provisions in the bill include:

$11.34 billion for EPA’s total budget (approximately $100 million over the Administration’s request and $2 billion above FY 2021 levels);
$150 million for grants under the Diesel Emissions Reduction Act (DERA) (equal to the Administration’s request and $60 million above FY 2021 levels);
$70 million for Targeted Airshed Grants ($11 million above the Administration’s request and FY 2021 levels);
retention of PM2.5 monitoring grants under Section 103 authority (the Administration’s request called for shifting it to Section 105 authority);
nothing for Multipurpose grants ($10.2 million in the Administration’s request and $10 million in FY 2021); and
$100 million for six new Environmental Justice grant programs within the State and Tribal Assistance Grant account.

Bill language (EPA begins page 79) and report language (EPA begins page 74, EPA charts begin page 210)

June 22, 2021 – NACAA submitted written testimony to the Senate Appropriations Subcommittees on Interior, Environment, and Related Agencies regarding FY 2021 appropriations. NACAA’s testimony recommended that Congress 1) increase federal grants to state and local air pollution control agencies by $92 million above FY 2021 levels, for a total of at least $321.5 million (consistent with the Administration’s budget request); 2) provide flexibility to state and local air quality agencies to use any additional grants to address the highest priority programs in their areas; and 3) retain grants for monitoring fine particulate matter (PM2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105.

June 10, 2021 – NACAA prepared a model letter that state and local air quality agencies can use to communicate with House and Senate members urging them to increase Section 103 and 105 funding in FY 2022. The information NACAA is providing includes instructions for communicating with Members of Congress, a model letter that can be tailored with information about specific air quality agencies and a list of the members of the House and Senate Appropriations Committees and the Subcommittees on Interior, Environment, and Related Agencies. NACAA members are strongly encouraged to contact their delegations to request increased funding, especially those with members on the relevant Congressional committees and subcommittee.

May 28, 2021 – The Administration issued its recommendations for the federal government’s FY 2022 budget, including EPA, calling for an increase of $92 million to state and local air quality grants under Sections 103 and 105 of the Clean Air Act (for a total of $321.5 million). EPA states that this increase will help expand the efforts of agencies “to implement their programs and to accelerate immediate on-the-ground efforts to reduce greenhouse gases, such as expanding deployment of renewable energy sources and energy efficiency programs; capping of oil and gas wells to reduce volatile organic compounds (VOC) and methane emissions; developing policies and programs to facilitate buildout of electric vehicle charging station infrastructure; and supporting programs to improve transportation options and reduce disproportionate exposure to traffic emissions in disadvantaged communities. Through this funding, the EPA will support environmental justice by increasing air quality monitoring in minority, low-income and marginalized communities that are and have been overburdened with disproportionate environmental or public health risks resulting from exposure to pollution.” The amount requested for EPA’s total budget is $11.2 billion – a $2-billion increase – which includes $1.8 billion to “tackle the climate crisis and directs half of this investment toward advancing environmental justice” and provides for 1,000 new full-time-equivalent staff. The budget recommends $150 million for grants for the Diesel Emissions Reduction Act program (a $60-million increase), $59 million for Targeted Airshed Grants (equal to last year) and $10.2 million for Multipurpose Grants ($10 million last year). The overall federal budget includes an increase of over $14 billion across nearly every agency to address the climate crisis and to secure environmental justice. EPA’s “Budget-in-Brief”(air quality grant information begins on page 39 of document), More detailed information provided to Congress and Administration’s Fact Sheet

April 13, 2021 – NACAA submitted written testimony to the House Appropriations Subcommittees on Interior, Environment, and Related Agencies regarding FY 2022 appropriations, specifically related to grants for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act. In the testimony, NACAA requests that Congress 1) increase federal grants to state and local air pollution control agencies by at least $91 million above FY 2021 levels, for a total of at least $320 million; 2) provide flexibility to state and local air quality agencies to use any additional grants to address the highest priority programs in their areas; and 3) retain grants for monitoring fine particulate matter (PM2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105.

FY 2021 Budget and Appropriations Information

NACAA Chart – Status of FY 2021 Appropriations Bills

Key Actions in Reverse Chronological Order

July 7, 2021 – EPA announced details about how it will distribute $50 million in grants provided by the American Rescue Plan (ARP) to states, localities, tribes and communities for improvements to ambient air quality monitoring across the country. The funding is half of a total of $100 million provided to EPA to tackle health outcome disparities from pollution and the COVID–19 pandemic as part of the ARP, which was signed into law on March 11, 2021. The $50-million monitoring program has four major components:

$22.5 million in direct awards to state, local or tribal air agencies. These grants will be for enhanced monitoring of fine particulate matter and other criteria pollutants. They are intended to support monitoring in and near environmental justice communities that face disproportionate exposure and health risks, which are also associated with increased vulnerability to COVID.
$20 million in competitive grants for community monitoring. Community groups and state, local and tribal air agencies are eligible for the funds, individually or in partnerships. The grants are for monitoring pollutants of greatest concern in areas with disparities in health outcomes.
$5 million for mobile monitoring labs or air sensor loan programs. EPA expects these efforts to help communities in need of short-term monitoring and air pollution information.
$2.5 million in administrative support and oversight. The funds are intended to improve data management and help the agency properly administer and track the grants.

EPA will coordinate with state, local and tribal air agencies and communities and expects to call for grant proposals in the fall of 2021. In addition to the $50 million for air quality monitoring, the ARP provided $50 million for environmental justice (EJ) initiatives. On July 25, 2021, EPA announced details about the distribution of those funds to states, local jurisdictions, tribes and other entities for a variety of EJ programs. NACAA played a role in developing this funding. EPA grant information for ARP and EPA Press Release.

December 27, 2020 – The President signed into law H.R. 133, which contained appropriations for the federal government for the remainder of FY 2021. The government had been operating under Continuing Resolutions since the start of the fiscal year on October 1, 2020. Congress passed the bill on December 21, 2020 by a House vote of 359-53 (for the sections that included EPA funding) and a Senate vote of 92-6. Among the provisions of the bill are the following:

$229.5 million for federal grants to state and local air quality agencies under Sections 103 and 105 ($228.2 million in FY 2020);
$9.237 billion for EPA’s total budget ($9.057 billion in FY 2020);
$90 million for funding for the Diesel Emissions Reduction Act (DERA) program ($87 million in FY 2020);
$59 million for Targeted Airshed Grants ($56.3 million in FY 2020);
$10 million for Multipurpose Grants ($13 million in FY 2020), with language focusing on PFAS-related activities;
funding for fine particulate matter monitoring to remain under the authority of Section 103, rather than shifting to Section 105 (same as in FY 2020); and
direction to EPA to allocate funds for state and local air grants using the same formula as FY 2015. EPA is encouraged to use balances to provide additional funds to those regions with the highest need, as it did in FY 2016. If EPA seeks to change the formula, it should submit a proposal to the Senate Appropriations Committee.

The final bill does not include most of the riders included in the House version of the bill. (See NACAA comparison chart for more information.) Bill language (EPA section begins on p. 801) and Bill report language (EPA text begins on p. 53 and charts on p. 163 of PDF).EPA Press Release. November 10, 2020 – The Senate Appropriations Committee released its proposed FY 2021 appropriations legislation for the federal government, including funding for EPA. The Senate legislation will not go through the normal mark-up process. Instead, Senate and House leaders will negotiate to arrive at provisions that could be adopted in both chambers (the House of Representatives previously approved legislation with EPA funding on July 24, 2020). Among the provisions of the new Senate bill are the following:

$228.2 million for federal grants to state and local air quality agencies under Sections 103 and
105 ($228.2 million in FY 2020 and $253 million in House bill);
$9.085 billion for EPA’s total budget ($9.057 billion in FY 2020 and $9.38 billion in House bill);
$87 million for funding for the Diesel Emissions Reduction Act (DERA) program ($87 million in FY 2020 and $90 million in House bill);
$58.3 million for Targeted Airshed Grants ($56.3 million in FY 2020 amount and $56.3 million in House bill);
$10 million for Multipurpose Grants ($13 million in FY 2020 and zero in House bill);
funding for fine particulate matter monitoring to remain under the authority of Section 103, rather than shifting to Section 105 (same as in FY 2020 and House bill); and
direction to EPA to allocate funds for state and local air grants using the same formula as FY 2015. EPA is encouraged to use balances to provide additional funds to those regions with the highest need, as it did in FY 2016. If EPA seeks to change the formula, it should submit a proposal to the Senate Appropriations Committee.

The federal government is currently operating under a Continuing Resolution that provides funding at FY 2020 levels until December 11, 2020. Congress must pass a FY 2021 funding law (and the President must sign it), or adopt another CR by that date to avoid a government shutdown. Bill language (EPA begins on page 70), Bill report language (EPA begins page 80 and charts on page 164).

September 30, 2020 – The President signed H.R. 8337, the ‘‘Continuing Appropriations Act, 2021 and Other Extensions Act’’ that provides continued funding for the federal government (at FY 2020 levels for most programs) through December 11, 2020. The Senate had adopted the measure, often referred to as a Continuing Resolution (CR), earlier in the day by a vote 84-10. The House had adopted the bill, on September 22, 2020. The measure was necessary to keep the federal government in operation after the federal fiscal year ends on September 30, 2020 because Congress has not yet adopted FY 2021 appropriations legislation. Without the CR, the federal government would have had to shut down most operations beginning October 1, 2020.

July 24, 2020 – U.S. House of Representatives approved H.R. 7608, which includes FY 2021 appropriations for EPA. In addition to the provisions listed in the July 10, 2020 entry below, the final bill also included a prohibition on funding to implement, administer or enforce EPA’s July 15, 2020 revision to the National Environmental Policy Act; a prohibition of the rejection of grant applications that use the terms “global warming” or “climate change;” and a transfer of $1 million to Targeted Airshed Grants.

July 10, 2020 – The House Appropriations Committee marked up and approved its bill containing EPA funding for FY 2021. Information on EPA in the House bill begins on page 72. Information on EPA in the accompanying House report begins on page 77, with charts on page 218). The bill includes the following:

$253 million for federal grants to state and local air quality agencies under Sections 103 and 105 (an increase of $24.8 million above FY 2020 levels and $101 million above the Administration’s request);
$9.38 billion for EPA’s total budget (an increase of $318 million over the FY 2020 enacted level and $2.67 billion over the Administration’s request);
$90 million for funding for the Diesel Emissions Reduction Act (DERA) program ($3 million above the FY 2020 amount and $80 million above the Administration’s FY 2021 request);
$56.3 million for Targeted Airshed Grants (equal to the FY 2020 amount; the Administration’s request for FY 2021 was zero);
Zero for Multipurpose Grants (which received $13 million in FY 2020; the Administration’s request for FY 2021 was $10 million);
funding for fine particulate matter monitoring to remain under the authority of Section 103, rather than shifting to Section 105 (NACAA has asked Congress to retain this funding under Section 103 authority);
continuation of the regulation of emissions of hazardous air pollutants from power plants under Section 112 (i.e., retain the Mercury and Air Toxics Standards – MATS) and to provide Congress a report comprehensively assessing the public health benefits, and compliance costs of MATS (page 94 of bill and pages 96 and 109 of report);
prohibition on funding for EPA to finalize the proposed ‘‘Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review’’ (page 156 of bill and page 152 of report);
expression of disappointment in EPA’s guidance, ‘‘COVID–19 Implications for EPA’s Enforcement and Compliance Assurance Program,’’ because “the policies put into place are far in excess of what is appropriate and necessary…” EPA should modify it in accordance with specifics in the report language (page 80 of report);
EPA is urged to work cooperatively with state and local air agencies to develop a final rule for the Cleaner Trucks Initiative addressing heavy-duty truck emissions. The language includes other specific recommendations about the rule (page 82 of report);
additional resources for EPA’s monitoring and compliance activities related to emissions of ethylene oxide. The committee urges EPA to engage with communities to adequately address their concerns and to incorporate validated monitoring data into its rulemaking (page 88 of report);
prohibition on funding for EPA to finalize or implement the proposed rule entitled, “Strengthening Transparency in Regulatory Science” that EPA proposed on April 30, 2020; and
$450 million for DERA to be available until September 30, 2023 as part of supplemental funds for “Additional Infrastructure Investments.” The provision would waive state grant loan matching requirements.

March 10, 2020 – NACAA submitted written testimony to the Senate Appropriations Subcommittees on Interior, Environment, and Related Agencies regarding FY 2021 appropriations, specifically related to grants for state and local air quality agencies under Sections 103 and 105 of the Clean Air Act. NACAA’s testimony, was nearly identical to testimony submitted to the corresponding House Subcommittee on March 5, 2020 (see below).

March 5, 2020 – NACAA submitted written testimony to the House Appropriations Subcommittees on Interior, Environment, and Related Agencies regarding FY 2021 appropriations. NACAA’s testimony included the same three major points included in Miles Keogh’s February 6, 2020 testimony (see below).

February 6, 2020 – Miles Keogh, NACAA’s Executive Director, testified on behalf of the association at a hearing of the House Appropriations Subcommittee on Interior, Environment, and Related Agencies regarding the FY 2021 budget for the Environmental Protection Agency. NACAA’s testimony urged Congress to 1) increase federal grants to state and local air agencies by $87 million above FY 2020 levels, for a total of $315 million; 2) provide flexibility to these agencies to use any additional grants to address the highest priority programs in their areas; and 3) retain grants for monitoring fine particulate matter (PM2.5) under the authority of Section 103 of the Clean Air Act, rather than shifting it to Section 105.

February 10, 2020 – The Administration released its proposed FY 2021 budget, which includes steep decreases in EPA’s funding. It calls for the following: $151.9 million for state and local air grants under Sections 103 and 105 of the Clean Air Act (compared to $228.2 million in FY 2020); $6.66 billion for EPA (compared to $9.06 billion in FY 2020); $10 million for grants under the Diesel Emissions Reduction Act (DERA) (compared to $87 million in FY 2020); $0 for Targeted Airshed Grants (compared to $56.3 million in FY 2020); $10 million for Multipurpose Grants (compared to $13 million in FY 2020); and transition of the PM2.5 monitoring program from Section 103 authority (which does not require matching grants) to Section 105 (which does require matching funds). EPA has issued a “Budget in Brief.” There is more detailed legislative language to accompany the proposal.