In March 2024, the United States Environmental Protection Agency (EPA) released its proposed Fiscal Year (FY) 2025 Budget and Justification Request to Congress. (The full request can be read on EPA’s website.) In its proposed budget, the EPA stressed the need to address per- and polyfluoroalkyl substances (PFAS) across a wide range of agency actions and programs.
Overall, the Agency’s FY 2025 proposed budget to continue rebuilding its core capacity is $10.994 billion. (See FY2025: EPA Budget in Brief.) The FY 2025 Budget document outlines where the increases are needed and references the desire to address PFAS and EPA commitments made in the 2021 PFAS Strategic Roadmap.
The EPA has proposed increased funding to address PFAS in the following areas:
- clean and safe water for all communities
- Superfund Program
- PFAS measurement technology
- enforcement efforts against PFAS releases
Clean and Safe Water
To assist in ensuring clean and safe water for all communities, the EPA is seeking $42.8 million and 22 full-time employees to advance its PFAS Strategic Roadmap. According to the EPA’s Justification of Appropriation Estimates for the Committee on Appropriations, this will allow the Agency to accelerate its efforts to develop various methods and tools to support tribes, states, and localities in managing PFAS risks, particularly in small and underserved communities. It will also continue its efforts to develop analytical methods, drinking water health advisories, toxicity values, effluent limitation guidelines, and risk communications and other tools to support these entities in managing PFAS risks in their communities.
One increase EPA is seeking is to address PFAS in its Clean Water Act (CWA) grant programs. It’s asking for $288.7 million of the requested $509.5 million be provided to the Section 106 Grants Program. This program funds state, interstate, and tribal water pollution control programs to support actions to identify, assess, and mitigate PFAS in the environment. The Agency believes this is a critical funding source to establish, expand, and implement water quality programs that protect and restore water resources.
Superfund Program
The proposed budget includes approximately $661 million under the Superfund Program to continue cleaning up contaminated land. More than $26.1 million has been invested in the Superfund Enforcement and Superfund Federal Facilities Enforcement programs to “address current needs and emerging challenges regarding Superfund enforcement work at federal facilities, such as [PFAS] contamination at and near many federal facility National Priorities (NPL) sites.” The Budget also includes $37.7 million in the Federal Facilities Program to enable the EPA to address critical gaps in its ability to oversee cleanup at federal agencies/facilities. This includes the Department of Defense’s PFAS cleanup under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
PFAS Measurement Technology
The EPA’s proposed Budget continues to emphasize PFAS research. The Agency seeks to increase understanding of PFAS exposures and their effects on humans and the environment. It also includes developing technologies for reducing PFAS in the environment, (e.g., upgrading lab facilities). In its desire to ensure the safety of chemicals, EPA’s budget request includes approximately $170 million for it to continue working toward commitments made in the 2021 PFAS Strategic Roadmap. In addition to increasing knowledge of PFAS’ impacts on human health and ecology, the money would also be used to prevent PFAS from entering the air, land, and water and to remediate PFAS that already have been released into the environment.
Enforcement Efforts
The EPA is also seeking additional funds to continue its PFAS enforcement efforts. It is asking for an increase of $5.7 million and 6.5 full-time employees to support its efforts to investigate and identify PFAS that have been released in the air, land, and water. These funds would be used to investigate any such releases under the Resource Conservation and Recovery Act, Toxic Substances Control Act, CWA, Safe Drinking Water Act, CERCLA, and Clean Air Act. Under these statutes, it would also continue to address imminent and substantial endangerment situations and prevent exposure to PFAS.
The FY 2025 Budget also requests an increase of $2 million and 4.3 full-time employees to address PFAS releases from federal facilities. In addition, the Agency requests an increase of $11.5 million to the Superfund Federal Facilities Program to help address critical gaps in the EPA’s ability to oversee the Department of Defense’s PFAS cleanup under CERCLA, as well as to improve core program capacity and keep pace with the Agency’s oversight role at federal facility NPL sites.
Conclusion
Given PFAS’ significant role in the EPA’s FY 2025 budget request, PFAS will likely remain a substantial budgetary concern for federal regulators for years to come.
- Associate
Andrea M. Quade specializes in environmental law practice. She assists clients with a variety of environmental issues, including:
- counseling them on environmental compliance issues involving both federal and state statutes and ...