House Continuing Resolution Includes Amendments Limiting U.S. EPA Authority

On February 19, the U.S. House of Representatives voted to fund the U.S. government for the rest of the federal fiscal year through the passage of a continuing resolution that cuts the U.S. Environmental Protection Agency’s (EPA) budget by $3 billion from its current level of $10.3 billion and that limits the agency’s authority in other ways. The bill passed by a vote of 235-189; only three Republicans voted against the bill. The House successfully attached amendments to the CR that prevent the spending of federal funds on the establishment of a total maximum daily load (TMDL) or a watershed implementation plan for the Chesapeake Bay, and on efforts to implement, administer, or enforce new water quality standards in Florida.  The House also approved an amendment preventing EPA from issuing solid waste standards that would list coal ash from power plants as a hazardous waste under the Resource Conservation and Recovery Act (RCRA). Another successful amendment would prevent EPA from issuing a new National Ambient Air Quality Standard (NAAQS) for coarse particulate matter (PM). As expected, the CR also contains language prohibiting EPA from regulating greenhouse gas emissions from stationary sources, or any other regulatory requirement pertaining to emissions of greenhouse gases. The bill also would prevent EPA from enforcing a pending guidance under review at the White House that reportedly clarifies the scope of the Clean Water Act's jurisdiction.  In addition, the bill would prevent EPA from administering or enforcing the sections of the Clean Water Act that govern dredge-and-fill permits. If approved by the Senate in its current form, the House CR would extend these provisions and government spending authority through September 30, 2011, but a showdown with the Senate is expected, with the potential for a government shutdown in early March if a final CR can’t be approved by both legislative branches. For more information, contact Karen Lapsevic at (202) 547-4733 or lapsevick@agc.org.