EPA Administrator Michael Regan Testifies Before House Appropriations Subcommittee on FY 2023 Budget

Volume 117.2 155 April 29, 2022

Administrator Michael Regan Testifies on FY 2023 Budget for the Environmental Protection Agency

This morning Michael Regan, Administrator of the Environmental Protection Agency (EPA) testified virtually before the U.S. House of Representatives Appropriations Subcommittee on Interior and Environment (I&E) on the FY 2023 budget for EPA.

The President’s proposed budget for FY 2023 provides EPA $11.9 billion, an increase of $2.3 billion over the FY 2022 level.

In FY 2022 the Biden administration requested $11.2 billion. The Congress enacted $9.56 billion.

Below are some of the highlights from the hearing and the proposed FY 2023 budget for EPA:

WORKFORCE

EPA has lost nearly 1,000 staff in recent years, hindering the Agency’s ability to carry out its mission to protect human health and the environment. The Budget looks to restore EPA’s programmatic capabilities. Underpinning all our work is a commitment to follow the science, which is why this budget includes $864 million for the Science and Technology account, an increase of more than $100 million above current levels that will ensure programs have the best available data to inform decisions.

The Budget increases the Agency workforce by more than 1,900 new FTE relative to current levels, for a total of more than 16,200 FTE. For comparison, in FY 2000 EPA's workforce totaled 17,726 FTE.

Per- and Polyfluoroalkyl Substances (PFAS)

In FY 2023, EPA will continue to work across environmental programs to advance Agency efforts to tackle Per- and Polyfluoroalkyl Substances (PFAS) pollution. As part of the President’s commitment to tackling PFAS pollution and EPA’s PFAS Strategic Roadmap, the FY 2023 Budget proposes approximately $126 million for EPA to increase its understanding of PFAS and their human health and ecological effects; restrict PFAS use to prevent new PFAS pollution from entering the air, land, water; and remediate PFAS that have been released into the environment.

Chairwoman of the I&E Subcommittee, Chellie Pingree (D-ME) is working to address PFAS contamination, particularly with agricultural land throughout Maine, as well as in drinking water. Pingree said, "This is a growing environmental crisis. I imagine this is also going on in many other states. We continue to learn more about these chemical's health effects and more Americans are becoming deeply concerned that their families could be at serious risk. Along with the billions of dollars provided in the Infrastructure Investment and Jobs Act (IIJA) this subcommittee has provided significant resources to address PFAS. I'm pleased to see that President Biden's budget request continues to build on a strong focus on PFAS research and regulatory action."

Administrator Regan responded," The round tables that you and others are holding around the country are very informative for the agency. We are taking actions. In October of last year, I announced a PFAS strategic roadmap that lays out an all-of-the-above, comprehensive approach across all of EPA's offices. Since I have announced the PFAS task force we have begun rulemaking to designate PFOA and PFOS as a hazardous substance under the Superfund law. We are developing a national PFAS testing strategy under the Toxic Substances Control Act (TSCA) to deepen our understanding of the impacts of categories of PFAS including potential hazards to both our health and our environment. We have also started a rulemaking to establish a National Primary Drinking Water Regulation for PFOA and PFOS that would set enforceable limits. Finally, we are finalizing a rule to undertake nationwide monitoring of PFAS in our drinking water.

It's also important for me to say that we understand the conditions on the ground differ in the states. EPA serves an important role in setting a healthy baseline and a better understanding. But the majority of the resources that EPA receives in our budget is passed through to the states so that they can develop specific strategies on-the-ground that protects their communities. A good portion of the resources provided to EPA ends up going to our state partners who know their communities better than Federal EPA ever could."

Subcommittee member Betty McCollum (D-MN) asked Administrator Regan about orders that EPA was going to issue at the end of 2021 to companies and require them to provide information about the health effects of some of these PFAS substances. McCollum said, "This is information we currently do not have, and I think all of us on this committee know that we need to have that information as soon as possible." McCollum mentioned to Regan that members are hearing there are some delays in getting the Toxic Substances Control Act (TSCA) back on track from the previous administration. TSCA is a vital important gatekeeper in preventing the next set of dangerous chemicals like PFAS from getting into commerce without first taking steps to make sure that they're safe. McCollum asked, "What can you tell us about these delays and how are you addressing them and how can we help you to address them?"

Regan responded, "The TSCA law is a great example of the bipartisan approach to some of the most dangerous chemicals in this country. Unfortunately, during the previous administration after TSCA was reformed EPA did not ask for any resources and did not put a plan in place to implement the law. Now, EPA has missed nine of the first 10 chemical risk evaluation deadlines.

The Biden administration walked into a situation where the agency was not funded to do the work that Congress asked us to do. So that is why we only have about 50% of what we believe we need to review the safety of new chemicals like PFAS as quickly as possible. Not only to follow the law that Congress has enacted but that the private sector wants to see so that we can get things moving and put the right replacement chemicals on the market. We have provided a very genuine budget request for TSCA support and implementation. Congress has given us marching orders but we don't have the resources to get the job done on time and on budget. So we're asking for those resources so that we can make up for lost time and keep pace with a very strong law that Congress has asked us to implement."

CLEAN & SAFE WATER

In FY 2023, EPA will continue working with federal, Tribal, state, and nongovernmental partners to advance water quality science, provide clean and safe water for all communities, and protect our Nation’s waterbodies from degredation.

The Budget proposes more than $4.1 billion to upgrade drinking water and wastewater infrastructure nationwide, with a focus on underserved communities. This includes a total of $2.8 billion for the Clean Water and Drinking Water State Revolving Funds and $80 million for the Water Infrastructure Finance and Innovation Act (WIFIA) program.

Also included is $1.2 billion for grant programs authorized in the Water Infrastructure Improvements for the Nation Act of 2016 (WIIN), the America’s Water Infrastructure Act of 2018 (AWIA), and the Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) and $25 million for a new water sector cybersecurity grant program dedicated to help utilities and operators protect their systems. EPA requests to fully fund all the water programs authorized by DWWIA, including $565 million to create 20 new water grant programs, a $240-million increase to the Sewer Overflow and Stormwater Reuse grant program, and other critical water infrastructure investments.

To further the President’s goal of replacing all lead pipes within the next decade, the Budget proposes a $160-million increase for grants to reduce lead in drinking water. This Budget request will complement the supplemental funds provided by the bipartisan Infrastructure Investment and Jobs Act (IIJA), totaling $8.4 billion in EPA’s State Revolving Funds for FY 2023.

SUPERFUND

The Budget provides $1.15 billion for EPA’s Superfund programs to continue cleaning up some of the Nation’s most contaminated land and to respond to environmental emergencies. In FY 2023, EPA will begin to use the Superfund chemical tax revenue collected in FY 2022, along with the $3.5 billion provided to EPA under IIJA and other appropriated resources, to implement the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The Budget also includes $215 million for EPA’s Brownfields programs to provide grants and technical assistance to communities along with 60 additional Brownfields community specialists. Taken together, these investments will ensure EPA is cleaning up sites and fully engaging the communities we serve in the process.

Chemicals and toxic substances

EPA has significant responsibilities under amendments to the Toxic Substances Control Act (TSCA) to ensure the safety of chemicals in or entering commerce and addressing unreasonable risks to human health or the environment. The Budget provides $124 million and 449 FTE to implement TSCA, an increase of more than $60 million. These resources will support EPA-initiated chemical risk evaluations, issue protective regulations in accordance with statutory timelines, and establish a pipeline of priority chemicals for risk evaluation.

The Agency also has significant responsibility under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to screen new pesticides before they reach the market and ensure pesticides already in commerce are safe. In addition, EPA is responsible for complying with the Endangered Species Act (ESA) and ensuring that federally endangered and threatened species are not harmed when the Agency registers pesticides. The FY 2023 Budget includes an additional $4.9 million to enable the Pesticide program to integrate ESA requirements in conducting risk assessments and making risk management decisions that protect federally threatened and endangered species from exposure to new active ingredients.

ENVIRONMENTAL JUSTICE

Across the proposed budget, EPA is investing more than $1.45 billion to advance environmental justice by cleaning up legacy pollution in overburdened and underserved communities and creating good-paying jobs. To ensure the success of these investments, EPA proposes to create a new Environmental Justice National Program to be led by a Senate-confirmed Assistant Administrator to elevate and maximize the benefits of environmental justice efforts across EPA. Under this new Program area, more than $300 million is included for the Environmental Justice program to expand support for community-based organizations, indigenous organizations, Tribes, states, local governments, and territorial governments in pursuit of identifying and addressing environmental justice issues through multi-partner collaborations. This includes $150 million in six environmental justice grant programs to support states, tribes, and local communities in addressing the impacts of environmental harms. Importantly, the Budget includes $25.9 million to increase civil rights capacity across the Agency and ensure recipients of EPA’s financial assistance comply with Title VI of the Civil Rights Act.

ENFORCING ENVIRONMENTAL LAWS

The proposed budget invests $213 million for civil enforcement efforts, such as increasing enforcement efforts in communities with high pollution exposure and preventing the illegal importation and use of hydrofluorocarbons in the United States. The request also includes $148 million for compliance monitoring and $7 million to implement a coal combustion residuals compliance program. The Budget sets aside $69 million for criminal enforcement efforts, including funding for a specialized Criminal Enforcement Initiative focused on addressing environmental justice issues in partnership with the Department of Justice (DOJ).

AIR QUALITY

In FY 2023, the Agency will improve air quality for communities by reducing emissions of ozone-forming pollutants, particulate matter, and air toxics. The President’s Budget includes $1.1 billion for the strategic goal of improving air quality and reducing localized pollution, reducing exposure to radiation, and improving indoor air for communities across the country. The Budget dedicates $152 million to the development and implementation of national emission standards to reduce air pollution from vehicles, engines, and fuels. EPA’s work to set these standards provides certainty to industry, builds on advances in technology, and reinforces market movement towards a cleaner energy system that provides reliable and affordable energy.

The proposed budget includes $289 million to assist Tribal, state, and local 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.

CLIMATE

The proposed budget invests $773 million towards the strategic goal of tackling the climate crisis while also uplifting underserved and overburdened communities, creating good-paying jobs, and building a cleaner energy economy.

EPA will invest in programs to reduce greenhouse gas emissions, including an additional $100 million for air quality grants to states and tribes to reduce greenhouse gas emissions on a local and regional scale. We will direct an additional $60 million to improve knowledge of the impacts of climate change on human health and the environment through our research programs—an increase that more than doubles EPA’s climate change research. We will leverage an additional $35 million to implement the American Innovation in Manufacturing Act to continue phasing out hydrofluorocarbons (HFCs), and we will invest an additional $13 million in wildfire prevention and readiness.

The proposed budget provides $150 million to expand the availability of Diesel Emissions Reduction Act (DERA) grants and rebates, focusing on school buses, ports, and where conditions disproportionately affect vulnerable populations, including our children. EPA will provide $20 million for climate adaptation efforts to strengthen the adaptive capacity of our partners. In addition, the Agency will lead through example and prioritize climate resiliency investments across EPA-owned facilities. We will invest $35 million to pursue aggressive energy, water, and building infrastructure improvements to advance the Agency’s use of carbon-pollution free electricity.

Read Administrator Regan's testimony by clicking here.

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