APPROPRIATIONS:

Riders, spending cuts make EPA-Interior bill controversial

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House appropriators are set to vote tomorrow on legislation that would curtail funding for U.S. EPA and the Interior Department, and scrap EPA's plans to limit greenhouse gas emissions from stationary sources in fiscal 2012.

The measure was quickly approved in a subcommittee last week along partisan lines, but tomorrow's markup is likely to take longer as both Republicans and Democrats have said they plan to offer amendments.

The measure would fund Interior at $9.9 billion for the fiscal year beginning on Oct. 1 -- $720 million less than the agency's current budget and $1.2 billion below President Obama's request.

EPA would receive $7.1 billion, about $1.5 billion below this year's levels and $1.8 billion less than the president wants. The bulk of EPA's cuts come from water infrastructure assistance to states, with the Clean and Drinking Water State Revolving Funds receiving a $1 billion haircut compared with current levels.

The draft would also cut $500 million from the agency's operations and regulatory budget.

In addition to the cuts in funding, the bill would also block the agencies from moving ahead with a variety of rules and activities under the Clean Air Act, Clean Water Act, Endangered Species Act and other major environmental laws.

Rep. Jim Moran (D-Va.), the top Democrat on the Interior and Environment Appropriations Subcommittee, said last week he planned to offer one amendment that would draw attention to the many policy restrictions Republicans have included in the bill.

"I think that there will be one overriding agreement dealing with the whole issue of legislative riders," Moran said, adding that he would likely offer a few other amendments at the full committee markup. He met with Democratic colleagues last week to strategize.

Meanwhile, subcommittee Chairman Mike Simpson (R-Idaho) said last week that he expects Republicans who did not see their proposed riders included in the underlying bill to offer them as amendments during the full committee markup or on the House floor.

Simpson said that in drafting the bill, he steered clear of issues currently being considered by the Natural Resources Committee and Energy and Commerce Committee so as not to undermine their work.

"We didn't do anything in this bill that we didn't have the OK of the authorizing committees on," said Simpson, following last week's subcommittee vote.

For that reason, he said, he turned down rider requests from fellow Republicans having to do with EPA's pending rules for mercury and air toxics from industrial boilers and power plants.

The Energy and Commerce Committee is already pursuing legislation to address GOP concerns about each of those rules.

Rep. Morgan Griffith (R-Va.) introduced legislation last month (H.R. 2250) that would give companies at least five years to comply with the Boiler MACT rule rather than the three currently provided for in the Clean Air Act. It is likely to sail through Energy and Commerce, as is a bill still to be introduced by Rep. Ed Whitfield (R-Ky.) that would delay and tweak the proposed Utility MACT rule for power plants.

Simpson did opt to add language to the bill that would limit EPA's greenhouse gas program for stationary sources, even though the House has passed a bill (H.R. 910) that would permanently strip EPA of its authority to regulate greenhouse gas emissions. The measure has since stalled in the Senate.

The bill's greenhouse gas rider would not only defund the program but would temporarily amend the Clean Air Act to remove EPA's obligation to regulate carbon dioxide.

Other riders would temporarily pre-empt proposed rules for coal ash and cooling water at power plants, block common law lawsuits related to climate change and prohibit the U.S. Fish and Wildlife Service from listing new endangered species.

The bill also reduce opportunities for groups to challenge BLM grazing decisions and not allow Interior to raise nearly $100 million in new oil and gas inspection fees, a decision Simpson said is best left to the authorizing committees.

The bill would also seek to block several Obama administration clean water regulations. One provision would block EPA from using any money "to carry out, implement, administer, or enforce" any changes to Clean Water Act jurisdiction enacted after the most recent George W. Bush-era guidance. Other language would block expansion of EPA's stormwater discharge program in advance of anticipated rules to force better cleanup of runoff at construction sites and elsewhere.

Simpson acknowledged that his bill would hit choppy waters after it left the Republican-controlled House.

"There will be things that won't survive all the way to the end, and there will be things that will survive," he predicted.

Moran said the bill as it is stood no chance of becoming law, but he said he and other Democrats would not let their guard down.

"We're going to have to fight this," he said.

Schedule: The markup is tomorrow at 10:30 a.m. in 2359 Rayburn.

Reporter Paul Quinlan contributed.