Environmental Protection Issues in the 108th Congress

Publication Date: December 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

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Abstract:

This issue brief provides an overview of the key environmental protection issues that received attention in the 108th Congress. The sections on specific issues reference more detailed and extensive CRS reports. (This issue brief emphasizes pollution-related matters; natural resource management issues are not included.)

Appropriations for the Environmental Protection Agency (EPA) affect many of the programs and issues discussed in this issue brief (e.g., funding for state environmental programs, enforcement, water infrastructure projects and many others); thus, EPA’s funding is an issue of perennial interest. At the beginning of the second session, Congress completed consideration of a consolidated appropriations act (P.L. 108-199, H.R. 2673), which provided $8.37 billion for EPA in FY2004.

Later in the session, action was completed on FY2005 funding. The conference agreement on the Consolidated Appropriations Act for FY2005 (H.R. 4818, H.Rept. 108-792) includes $8.09 billion for EPA, subject to an across-the-board rescission of 0.80%. The Administration requested $7.79 billion, and Congress appropriated $8.37 billion for FY2004. The most controversial issues were the adequacy of funding for federal assistance to states for wastewater and drinking water infrastructure projects, scientific research on human health effects upon which pollution control standards are based, and cleanup of hazardous waste sites under the Superfund program.

The 108th Congress took action, but in most cases did not complete it, on legislation to address a number of other key issues, including leaking underground storage tanks that may contaminate water supplies; security issues related to wastewater treatment and chemical facilities; expanding authority for an EPA ombudsman; environmental concerns in surface transportation reauthorization legislation; brownfields grants and tax breaks; environmental issues in comprehensive energy legislation; and defense cleanup and military environmental issues. These issues are discussed in this report, along with others including issues involving the Clean Air Act, Clean Water Act, Safe Drinking Water Act, and alternative fuels and vehicles.

The status of committee and floor action on environmental legislation as well as bills enacted into law are shown in Table 1 at the end of this issue brief. Bills that received some congressional action include the conference report on the energy bill, H.R. 6; the Water Infrastructure Financing Act, S. 2550; the Water Quality Financing Act of 2003, H.R. 1560; the Underground Storage Tank Compliance Act of 2003, S. 195; the Ombudsman ReauthorizationAct, S. 515; the Brownfields Redevelopment Enhancement Act, H.R. 239; the Chemical Facility Security Act, S. 994; the POPs, LRTAP POPs, and PIC Implementation Act of 2003, S. 1486; the Wastewater Treatment Works Security Act of 2003, H.R. 866 and S. 1039; the Economic Development Administration Reauthorization Act, H.R. 2535 and S. 1134; the National Defense Authorization Act for FY2004 (P.L. 108-136); and the National Defense Authorization Act for FY2005 (P.L. 108-375). Both defense authorization bills included environmental provisions that were controversial.