House Subcommittee Holds Hearing on FY 2024 Budget Request for EPA – Update from Bergeson & Campbell, P.C.

On March 28, 2023, the House Appropriations Subcommittee for Interior, Environment, and Related Agencies held a hearing on the fiscal year (FY) 2024 budget request for the U.S. Environmental Protection Agency (EPA). EPA Administrator Michael Regan was the Committee’s only witness. As reported in our March 14, 2023, blog item, according to EPA’s March 9, 2023, press release, President Biden’s budget requests over $12 billion in discretionary budget authority for EPA in FY 2024, a $1.9 billion or 19 percent increase from the FY 2023 enacted level. The hearing included discussion of pesticides, the Toxic Substances Control Act (TSCA), and per- and polyfluoroalkyl substances (PFAS). According to Representative Rosa DeLauro (D-CT), Ranking Member of the Appropriations Committee, Republicans want to go back to FY 2022 funding levels, and she asked Regan what the effect of that would be. Regan noted that EPA has been struggling with the Endangered Species Act (ESA) and now finds itself being put on deadlines by the courts. While pesticides and herbicides are being taken off the market, EPA needs to replace them. Regan stated that to register new pesticides and herbicides, EPA has to have the workforce to do that. Returning to FY 2022 funding would set back the agricultural community. Without funding, EPA will not be able to meet the deadlines set under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act). According to Regan, FY 2022 funding would also mean about a $100 million reduction in its PFAS work. For more information, please read the full memorandum.

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