Omnibus Bill Cuts EPA Spending Slightly, Rejects Controversial 'Riders'

Subject: Congress cuts water treatment projects funding
Date: 11/23/2004 8:53:52 AM Eastern Standard Time
From: MarianR451
BCC: HDFCCenter


Omnibus Bill Cuts EPA Spending Slightly, Rejects Controversial 'Riders'

An omnibus appropriations bill approved by Congress on Nov. 20 will slightly cut overall EPA spending, with the agency's water infrastructure loan program suffering the brunt of those reductions. At the same time, lawmakers included several “riders” that will ease environmental protections for cattle grazing and wildlife areas, while rejecting other controversial proposals that environmentalists had argued would have gutted the Endangered Species Act.

The omnibus bill, which funds 13 departments and various federal agencies, provides EPA with $8.1 billion for fiscal year 2005, an approximate $277 million cut from last year's levels, while slashing by 20 percent the agency's state revolving loan fund (SRF) for sewer and water discharge treatment projects, totaling $1.1 billion in FY05. The bill maintains the current annual spending level of $850 million for EPA's SRF for drinking water projects, but cuts by $273 million the agency's state and tribal assistance grants by appropriating $3.6 billion.

Also, Congress maintained a funding level of $1.3 billion for the Superfund program, even though EPA has acknowledged that it does not have enough money to start cleanups at numerous sites. It is the second year in a row that Congress has refused to boost funding to the White House's requested levels for the Superfund program.

Congress also included in the omnibus bill a categorical exemption from the National Environmental Policy Act for permits for livestock grazing operations, the first time such permits have been granted a permanent exclusion from the law. The bill also allows for federal land exchanges that will likely lead to oil and natural gas drilling in the Alaskan Yukon Flats National Wildlife Refuge, and limit judicial review for logging projects in the Alaskan Tongass National Forest.

“It's safe to say we're disappointed with the riders that were included,” a source with the National Resources Defense Council says. “The practice of putting riders onto a huge appropriations bill, without public notice, and doing things in the dark of night have to stop.”

But lawmakers rejected three more controversial riders that would have amended the Endangered Species Act (ESA) and excused concentrated animal feeding operations (CAFOs) from reporting toxic air emissions. The proposals were apparently dropped because of a desire by Republican leaders to push the bill through during last week's post-election lame duck session, by avoiding including many controversial provisions.

Environmentalists became aware of congressional efforts last week to amend the ESA and were apparently successful in lobbing against the provisions. One plan that was pushed by California developers prompted allegations by environmentalists that it was an attempt to blunt three recent court decisions calling federal regulations inadequate in protecting critical habitats. Another proposal opposed by environmentalists would have excused EPA from following the ESA when making pesticide-approval decisions. Both proposals were so controversial that no lawmaker was willing to take credit for them, sources point out.

Also, Sen. Larry Craig (R-ID) was shopping around his proposal to exempt CAFOs from reporting toxic air emissions, which is required under two environmental laws. Craig has said the amendment was necessary to clarify the law and prevent lawsuits against farmers. The lawmaker plans to renew his efforts next year, according to a source in his office.

Environmentalists came out strongly opposed to the language. A statement released by the Environmental Integrity Project said, “The amendment for the livestock industry would put many communities at risk.”

Date: November 22, 2004
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