Environmental Protection Agency

Environmental Protection Agency science and technology (including transfer of funds) For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental 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 equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376; procurement of laboratory equipment and supplies; other operating expenses in support of research and development; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $750,061,000, which shall remain available until September 30, 2006: Provided, That of the amounts made available under this heading $1,000,000 shall be transferred to the Office of Environmental Quality Management fund. environmental programs and management For environmental programs and management, including 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 diem rate equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies 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, rehabilitation, and renovation of facilities, not to exceed $85,000 per project; and not to exceed $9,000 for official reception and representation expenses, $2,313,409,000, which shall remain available until September 30, 2006, including 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, 118 STAT. 3328 and renovation of facilities, not to exceed $85,000 per project, $38,000,000, to remain available until September 30, 2006. Buildings and Facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $39,000,000, to remain available until expended. Hazardous Substance Superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project; $1,257,537,000, to remain available until expended, 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 Amendments and Reauthorization Act of 1986 (SARA) and up to $1,257,537,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, 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, $13,000,000 shall be transferred to the “Office of Inspector General” appropriation to remain available until September 30, 2006, and $36,097,000 shall be transferred to the “Science and technology” appropriation to remain available until September 30, 2006. leaking underground storage tank program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $70,000,000, to remain available until expended. oil spill response For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, $16,000,000, 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 assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,604,182,000, to remain available until expended, of which $1,100,000,000 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 $50,000,000 shall be available for loans, including interest free loans as authorized by 33 U.S.C. 118 STAT. 3329 1383(d)(1)(A), to municipal, inter-municipal, interstate, or State agencies or nonprofit entities for projects that provide treatment for or that minimize sewage or stormwater discharges using one or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $850,000,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under section 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 Administrator for health effects studies on drinking water contaminants; $50,000,000 shall be for architectural, engineering, planning, design, construction and related activities 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 appropriate border commission; $45,000,000 shall be for grants to the State of Alaska to address drinking water and waste infrastructure needs of rural and Alaska Native Villages: Provided, That, of these funds: (1) the State of Alaska shall provide a match of 25 percent; (2) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (3) not later than October 1, 2005 the State of Alaska shall make awards consistent with the State-wide priority list established in 2004 for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; $4,000,000 shall be for remediation of above ground leaking fuel tanks pursuant to Public Law 106–554; $309,925,000 shall be for making grants for the construction of drinking water, wastewater and storm water infrastructure and for water quality protection in accordance with the terms and conditions specified for such grants in the joint explanatory statement of the managers accompanying this Act, and, for purposes of these grants, 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; $90,000,000 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; $7,500,000 for a cost-shared grant program to school districts for necessary upgrades of their diesel bus fleets; and $1,145,757,000 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, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities of which and subject to terms and conditions specified by the Administrator, of which $50,000,000 shall be for carrying out section 128 of CERCLA, as amended, and $19,500,000 shall be for Environmental Information Exchange Network grants, 118 STAT. 3330 including associated program support costs, and $18,000,000 shall be for making competitive targeted watershed grants: Provided further, That for fiscal year 2005, State authority under section 302(a) of Public Law 104–182 shall remain in effect: Provided further, 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 administer 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 administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2005, and notwithstanding section 518(f) of the Act, the Administrator 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 section 518(c) of the Act, up to a total of 1½ percent of the funds appropriated for State Revolving Funds under title VI of that Act may be reserved by the Administrator for grants under section 518(c) of such Act: Provided further, 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 development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure: Provided further, That the referenced statement of the managers under this heading in Public Law 108–7, in reference to item number 471, is deemed to be amended by striking everything after “for” and inserting the following: “for water infrastructure improvements”: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 22, is deemed to be amended by striking everything after “22.” and inserting the following: “$200,000 to Jackson County, Alabama, for water system improvements and $200,000 to the City of Muscle Shoals, Alabama, for water and sewer infrastructure improvements”: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 158, is deemed to be amended by inserting “water and” after “for”: Provided further, That the referenced statement of the managers under this heading in Public Law 107–73 is deemed to be amended by striking “Southeast” in reference to item 9 and inserting “Southwest”: Provided further, That the referenced statement of the managers under this heading in Public Law 107–73, in reference to item number 103, is deemed to be amended by striking everything after the word “for”, and adding, “the City of Chicago, Illinois for water infrastructure improvements at the Thomas Jefferson and Lakeview Pumping Stations”: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 484, is deemed to be amended by striking “City of Norfolk” and inserting 118 STAT. 3331 “Portsmouth Virginia”: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 283, is deemed to be amended by striking “City of Kalispell, Montana” and inserting “Flathead County Water and Sewer District No. 1—Evergreen”: Provided further, That the referenced statement of managers under this heading in Public Law 108–7, in reference to item number 139, is deemed to be amended by striking “State of Hawaii Health Department” and inserting “County of Hawaii”: Provided further, That the referenced statement of managers under this heading in Public Law 108–199, in reference to item number 148, is deemed to be amended by striking everything after the word “for” and inserting “the replacement of cesspools in Hawaii, $250,000 to the City and County of Honolulu for Varona Village, $500,000 to the County of Hawaii and the remainder to the Housing and Community Development Corporation of Hawaii;”: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 388, is deemed to be amended by striking everything after the word “for” and inserting “the Southeast Water Treatment Plant in Lawton, Oklahoma for water and wastewater infrastructure improvements;”: Provided further, That the referenced statement of the managers under this heading in Public Law 106–377, in reference to item number 46, is deemed to be amended by striking “to construct pump stations, force mains, storage lagoons and spray irrigation facility”, and inserting “for wastewater treatment improvements”: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 409, is deemed to be amended by striking “City of” and “Pennsylvania”: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 265, is deemed to be amended by striking “Franklin County”, and inserting “Okhissa Lake Sewer District”: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 322, is deemed to be amended by inserting “and water” after “wastewater”: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 173, is deemed to be amended by inserting “planning, design and” prior to “construction”: Provided further, notwithstanding any other provision of law, the Environmental Protection Agency and the New York State Department of Environmental Conservation are authorized to award a $2,000,000 grant to the Town of Wheatfield, Niagara County, New York for the construction of sanitary collector sewers from funds realloted to the State of New York under title II of the Clean Water Act: Provided further, That the referenced statement of the managers under this heading in Public Law 108–199, in reference to item number 184, is deemed to be amended by striking “be divided equally between” and by striking “and” and inserting in place of “and”, “or”. Administrative Provisions For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency’s function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative 118 STAT. 3332 agreements 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 awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (as added by subsection (f)(2) of the Pesticide Registration Improvement Act of 2003), as amended. Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 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 prospective 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 Revitalization Act of 2001. The Administrator may hereafter receive and use funds contributed by a non-Federal sponsor as its share of the cost of a project to carry out a project under paragraph (c)(12) of section 118 of the Federal Water Pollution Control Act, as amended.