I 
108TH CONGRESS 
2D SESSION 
H. R. 4421 
Making appropriations for the Environmental Protection Agency for the fiscal 
year ending September 30, 2005, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2004 
Mr. OBEY introduced the following bill; which was referred to the Committee 
on Appropriations, and in addition to the Committee on Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
Making appropriations for the Environmental Protection 
Agency for the fiscal year ending September 30, 2005, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Environmental Protection Agency for the fiscal year end-
ing September 30, 2005, and for other purposes, namely:
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ENVIRONMENTAL PROTECTION AGENCY 
SCIENCE AND TECHNOLOGY 
For science and technology, including research and 
development activities, which shall include research and 
development activities under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980, as amended; necessary expenses for personnel and 
related costs and travel expenses, including uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901– 
5902; services as authorized by 5 U.S.C. 3109, but at 
rates for individuals not to exceed the per diem rate equiv-
alent to the maximum rate payable for senior level posi-
tions under 5 U.S.C. 5376; procurement of laboratory 
equipment and supplies; other operating expenses in sup-
port of research and development; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to 
exceed $85,000 per project, $797,000,000, which shall re-
main available until September 30, 2006. 
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
For environmental programs and management, in-
cluding necessary expenses, not otherwise provided for, for 
personnel and related costs and travel expenses, including 
uniforms, or allowances therefor, as authorized by 5 
U.S.C. 5901–5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per
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diem rate equivalent to the maximum rate payable for sen-
ior level positions under 5 U.S.C. 5376; hire of passenger 
motor vehicles; hire, maintenance, and operation of air-
craft; purchase of reprints; library memberships in soci-
eties or associations which issue publications to members 
only or at a price to members lower than to subscribers 
who are not members; construction, alteration, repair, re-
habilitation, and renovation of facilities, not to exceed 
$85,000 per project; and not to exceed $9,000 for official 
reception and representation expenses, $2,391,000,000, 
which shall remain available until September 30, 2006, in-
cluding administrative costs of the Brownfields program 
under the Small Business Liability Relief and Brownfields 
Revitalization Act of 2002. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, and for construction, 
alteration, repair, rehabilitation, and renovation of facili-
ties, not to exceed $85,000 per project, $37,997,000, to 
remain available until September 30, 2006. 
BUILDINGS AND FACILITIES 
For construction, repair, improvement, extension, al-
teration, and purchase of fixed equipment or facilities of,
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or for use by, the Environmental Protection Agency, 
$42,918,000, to remain available until expended. 
HAZARDOUS SUBSTANCE SUPERFUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (CERCLA), as amended, including sec-
tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilita-
tion, and renovation of facilities, not to exceed $85,000 
per project; $1,381,416,000, to remain available until ex-
pended, consisting of such sums as are available in the 
Trust Fund upon the date of enactment of this Act as 
authorized by section 517(a) of the Superfund Amend-
ments and Reauthorization Act of 1986 (SARA) and up 
to $1,381,416,000 as a payment from general revenues 
to the Hazardous Substance Superfund for purposes as 
authorized by section 517(b) of SARA, as amended: Pro-
vided, That funds appropriated under this heading may 
be allocated to other Federal agencies in accordance with 
section 111(a) of CERCLA: Provided further, That of the 
funds appropriated under this heading, $13,214,000 shall 
be transferred to the ‘‘Office of Inspector General’’ appro-
priation to remain available until September 30, 2006, 
and $36,097,000 shall be transferred to the ‘‘Science and
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technology’’ appropriation to remain available until Sep-
tember 30, 2006. 
LEAKING UNDERGROUND STORAGE TANK PROGRAM 
For necessary expenses to carry out leaking under-
ground storage tank cleanup activities authorized by sec-
tion 205 of the Superfund Amendments and Reauthoriza-
tion Act of 1986, and for construction, alteration, repair, 
rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project, $76,000,000, to remain available 
until expended. 
OIL SPILL RESPONSE 
For expenses necessary to carry out the Environ-
mental Protection Agency’s responsibilities under the Oil 
Pollution Act of 1990, $16,425,000, to be derived from 
the Oil Spill Liability trust fund, to remain available until 
expended. 
STATE AND TRIBAL ASSISTANCE GRANTS 
For environmental programs and infrastructure as-
sistance, including capitalization grants for state revolving 
funds 
and 
performance 
partnership 
grants, 
$4,100,000,000, to remain available until expended, of 
which $1,400,000,000 shall be for making capitalization 
grants for the Clean Water State Revolving Funds under 
title VI of the Federal Water Pollution Control Act, as 
amended (the ‘‘Act’’), of which up to $75,000,000 shall
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be available for loans, including interest free loans as au-
thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter- 
municipal, interstate, or State agencies or nonprofit enti-
ties for projects that provide treatment for or that mini-
mize sewage or storm water discharges using one or more 
approaches which include, but are not limited to, decen-
tralized or distributed storm water controls, decentralized 
wastewater treatment, low-impact development practices, 
conservation easements, stream buffers, or wetlands res-
toration; $900,000,000 shall be for capitalization grants 
for the Drinking Water State Revolving Funds under sec-
tion 1452 of the Safe Drinking Water Act, as amended, 
except that, notwithstanding section 1452(n) of the Safe 
Drinking Water Act, as amended, none of the funds made 
available under this heading in this Act, or in previous 
appropriations Acts, shall be reserved by the Adminis-
trator for health effects studies on drinking water con-
taminants; $50,000,000 shall be for architectural, engi-
neering, planning, design, construction and related activi-
ties in connection with the construction of high priority 
water and wastewater facilities in the area of the United 
States-Mexico Border, after consultation with the appro-
priate border commission; $43,000,000 shall be for grants 
to the state of Alaska to address drinking water and waste 
infrastructure needs of rural and Alaska Native Villages;
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$3,500,000 shall be for the remediation of above ground 
leaking fuel tanks pursuant to Public Law 106–554; 
$325,000,000 shall be for making grants for the construc-
tion of drinking water, wastewater and storm water infra-
structure and for water quality protection provided that 
each grantee shall contribute not less than 45 percent of 
the cost of the project unless the grantee is approved for 
a waiver by the Agency; $6,600,000 for grants for con-
struction of alternative decentralized wastewater facilities 
under the National Decentralized Wastewater Demonstra-
tion program: $120,500,000 shall be to carry out section 
104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), as 
amended, including grants, interagency agreements, and 
associated program support costs; and the remainder shall 
be for grants, including associated program support costs, 
to States, federally recognized tribes, interstate agencies, 
tribal consortia, and air pollution control agencies for 
multi-media or single media pollution prevention, control 
and abatement and related activities, including activities 
pursuant to the provisions set forth under this heading 
in Public Law 104–134, for making grants under section 
103 of the Clean Air Act for particulate matter monitoring 
and data collection activities, and for making competitive 
grants to states, federally recognized tribes, local govern-
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ments and local educational authorities for the purpose of 
retrofitting school bus fleets with the latest available envi-
ronmental technology: Provided, That for fiscal year 2005 
and thereafter, State authority under section 302(a) of 
Public Law 104–182 shall remain in effect: Provided fur-
ther, That notwithstanding section 603(d)(7) of the Act, 
the limitation on the amounts in a State water pollution 
control revolving fund that may be used by a State to ad-
minister the fund shall not apply to amounts included as 
principal in loans made by such fund in fiscal year 2005 
and prior years where such amounts represent costs of ad-
ministering the fund to the extent that such amounts are 
or were deemed reasonable by the Administrator, ac-
counted for separately from other assets in the fund, and 
used for eligible purposes of the fund, including adminis-
tration: Provided further, That for fiscal year 2005, and 
notwithstanding section 518(f) of the Act, the Adminis-
trator is authorized to use the amounts appropriated for 
any fiscal year under section 319 of that Act to make 
grants to Indian tribes pursuant to sections 319(h) and 
518(e) of that Act: Provided further, That for fiscal year 
2005, notwithstanding the limitation on amounts in sec-
tion 518(c) of the Act, up to a total of 11⁄2 percent of 
the funds appropriated for State Revolving Funds under 
title VI of that Act may be reserved by the Administrator
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for grants under section 518(c) of such Act: Provided fur-
ther, That no funds provided by this legislation to address 
the water, wastewater and other critical infrastructure 
needs of the colonias in the United States along the 
United States-Mexico border shall be made available to a 
county or municipal government unless that government 
has established an enforceable local ordinance, or other 
zoning rule, which prevents in that jurisdiction the devel-
opment or construction of any additional colonia areas, or 
the development within an existing colonia the construc-
tion of any new home, business, or other structure which 
lacks water, wastewater, or other necessary infrastructure. 
ADMINISTRATIVE PROVISIONS 
For fiscal year 2005, notwithstanding 31 U.S.C. 
6303(1) and 6305(1), the Administrator of the Environ-
mental Protection Agency, in carrying out the Agency’s 
function to implement directly Federal environmental pro-
grams required or authorized by law in the absence of an 
acceptable tribal program, may award cooperative agree-
ments to federally-recognized Indian tribes or Intertribal 
consortia, if authorized by their member tribes, to assist 
the Administrator in implementing Federal environmental 
programs for Indian tribes required or authorized by law, 
except that no such cooperative agreements may be award-
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ed from funds designated for State financial assistance 
agreements. 
The Administrator of the Environmental Protection 
Agency is authorized to collect and obligate pesticide reg-
istration service fees in accordance with section 33 of the 
Federal Insecticide, Fungicide, and Rodenticide Act, as 
amended. 
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), ap-
propriated funds for fiscal year 2005 may be used to 
award grants or loans under section 104(k) of CERCLA 
to eligible entities that satisfy all of the elements set forth 
in CERCLA section 101(40) to qualify as a bona fide pro-
spective purchaser except that the date of acquisition of 
the property was prior to the date of enactment of the 
Small Business Liability Relief and Brownfield Revitaliza-
tion Act of 2001. 
In the case of taxpayers with adjusted gross income 
in excess of $1,000,000 for calendar year 2004, the 
amount of the tax reduction resulting from enactment of 
the Jobs and Growth Tax Relief Reconciliation Act of 
2003 (Public Law 108–27) and enactment of the Eco-
nomic Growth and Tax Relief Reconciliation Act of 2001 
(Public Law 107–16) shall be reduced by 4.0 percent. 
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