United States
Environmental Protection Agency
FISCAL YEAR 2019
Justification of Appropriation
Estimates for the Committee
on Appropriations
Inland Oil Spill Programs
February 2018
EPA- 190-R-18-001	www.epa.gov/ocfo

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Environmental Protection Agency
2019 Annual Performance Plan and Congressional Justification
Table of Contents - Inland Oil Spill Programs	
Resource Summary Table	499
Program Projects in Inland Oil Spill Programs	499
Compliance	500
Compliance Monitoring	501
Enforcement	503
Civil Enforcement	504
Oil	506
Oil Spill: Prevention, Preparedness and Response	507
Operations and Administration	510
Facilities Infrastructure and Operations	511
Research: Sustainable Communities	513
Research: Sustainable and Healthy Communities	514
497

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498

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Environmental Protection Agency
FY 2019 Annual Performance Plan and Congressional Justification
APPROPRIATION: Inland Oil Spill Programs
Resource Summary Table

(Dollars in Thousands)




FY 2019 Pres


FY 2018

Budget v.

FY 2017
Annualized
FY 2019
FY 2018

Actuals
CR
Pres Budget
Annualized CR
Inland Oil Spill Programs




Budget Authority
$17,940.1
$18,085.0
$15,673.0
-$2,412.0
Total Workyears
92.4
98.3
75.7
-22.6
Bill Language: Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection Agency's responsibilities under
the Oil Pollution Act of1990, $15,673,000, to be derivedfrom the Oil Spill Liability trust fund, to
remain available until expended.
Program Projects in Inland Oil Spill Programs

(Dollars in Thousands)
Program Project
FY 2017
Actuals
FY 2018
Annualized
CR
FY 2019 Pres
Budget
FY 2019 Pres
Budget v.
FY 2018 Annualized
CR
Compliance




Compliance Monitoring
$145.2
$138.0
$0.0
-$138.0
Enforcement




Civil Enforcement
$2,342.8
$2,397.0
$2,219.0
-$178.0
Oil




Oil Spill: Prevention, Preparedness and Response
$14,422.5
$14,311.0
$12,273.0
-$2,038.0
Operations and Administration




Facilities Infrastructure and Operations
$376.2
$580.0
$665.0
$85.0
Research: Sustainable Communities




Research: Sustainable and Healthy Communities
$653.4
$659.0
$516.0
-$143.0
TOTAL Inland Oil Spill Programs
$17,940.1
$18,085.0
$15,673.0
-$2,412.0
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the Superfund
account.
499

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Compliance
500

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Compliance Monitoring
Program Area: Compliance
Goal: Cooperative Federalism
Objective(s): Enhance Shared Accountability

(Dollars in Thousands)

FY 2017
Actuals
FY 2018
Annualized
CR
FY 2019 Pres
Budget
FY 2019 Pres
Budget v.
FY 2018 Annualized
CR
Environmental Program & Management
$98,283.6
$100,975.0
$86,374.0
-$14,601.0
Inland Oil Spill Programs
S Nx2

so.o
-SI3.S.0
1 la/ardour Subblance Supeiliuui
Si ,tPS .8
S988.0
$988.0
SU.O
Total Budget Authority
$99,457.6
$102,101.0
$87,362.0
-$14,739.0
Total Workyears
506.4
538.9
428.7
-110.2
Program Project Description:
The Compliance Monitoring program is a key component of EPA's compliance assurance program
that allows the Agency to detect noncompliance and promotes compliance with the nation's
environmental laws.
Under the Inland Oil Spills Trust Fund, EPA integrates the data from the Facility Response Plans
and Spill Prevention, Control, and Countermeasure systems into EPA's Integrated Compliance
Information System. As a result of this data integration, EPA is able to focus compliance
monitoring resources on areas of highest risk and increase transparency to the public. It also
provides a more complete set of information for this program and improves data quality.
FY 2019 Activities and Performance Plan:
The Compliance Monitoring program funded from the Inland Oil Spills Trust Fund is proposed to
be eliminated in FY 2019 due to streamlining of the program. The Agency's Office of Land and
Emergency Management will maintain this work.
Performance Measure Targets:
Currently there are no performance measures specific to this program.
FY 2019 Change from FY 2018 Annualized Continuing Resolution (Dollars in Thousands):
• (-$138.0/ -0.9 FTE) This change proposes to eliminate funding to the Compliance
Monitoring program under the Inland Oil Spills Trust Fund due to streamlining of the
program.
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Statutory Authority:
Clean Water Act; Oil Pollution Act; Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended
by Pub. L. 98-80, 97 Stat. 485 (codified at Title 5, App.) (EPA's organic authority).
502

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Enforcement
503

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Civil Enforcement
Program Area: Enforcement
Goal: Rule of Law and Process
Objective(s): Compliance with the Law

(Dollars in Thousands)

FY 2017
Actuals
FY 2018
Annualized
CR
FY 2019 Pres
Budget
FY 2019 Pres
Budget v.
FY 2018 Annualized
CR
Environmental Program & Management
$172,309.6
$170,849.0
$140,677.0
-$30,172.0
Leaking Underground Storage Tanks
$584.7
$616.0
$589.0
-$27.0
Inland Oil Spill Programs
S2J-I2.S
S 2.SV-.U
S 2.2IV.U
-SI S.0
Total Budget Authority
$175,237.1
$173,862.0
$143,485.0
-$30,377.0
Total Workyears
1,061.0
1,080.4
857.1
-223.3
Program Project Description:
The Civil Enforcement program's goal is to ensure compliance with the nation's environmental
laws to protect human health and the environment. The program collaborates with the United
States Department of Justice, states, local agencies, and tribal governments to ensure consistent
and fair enforcement of environmental laws and regulations. The Civil Enforcement program
develops, litigates, and settles administrative and civil judicial cases against violators of
environmental laws.
The Civil Enforcement program's enforcement of Section 311 of the Clean Water Act (CWA), as
amended by the Oil Pollution Act of 1990 (OPA), is designed to ensure compliance with the
prohibition against oil and hazardous substance spills, as well as the oil spill prevention, response
planning, and other regulatory requirements. The Civil Enforcement program develops policies,
issues administrative orders or penalty actions, and refers civil judicial actions to the Department
of Justice to address spills, violations of spill prevention regulations, response planning regulations
and other violations (e.g., improper dispersant use or noncompliance with orders). The program
also assists in the recovery of cleanup costs expended by the government. The program provides
support for field investigations of spills, Spill Prevention, Control, and Countermeasure (SPCC),
Facility Response Plan (FRP) and other requirements.
FY 2019 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.1, Compliance with the Law in EPA's
FY 2018 - 2022 Strategic Plan. In FY 2019, EPA will continue to streamline the Civil Enforcement
program, prioritize resources to achieve regulatory compliance, and address oil or hazardous
substance spills in violation of the statute and deter future spills. Civil Enforcement efforts will
focus on facilities where enforcement will promote deterrence, and confirm that spills are cleaned
up and mitigated. To increase deterrence, the Civil Enforcement program will coordinate with the
Criminal Enforcement program, as appropriate.
504

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Performance Measure Targets:
Work under this program supports performance results in the Civil Enforcement program under
the EPM appropriation.
FY 2019 Change from FY 2018 Annualized Continuing Resolution (Dollars in Thousands):
•	(+$16.0) This net change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to adjustments in salary, essential workforce
support, and benefit costs.
•	(-$194.0/ -0.9 FTE) This program change reflects increased coordination with the Criminal
Enforcement program in carrying out enforcement of the Oil Pollution Act of 1990.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic authority); Clean Water Act; Oil Pollution Act.
505

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Oil
506

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Oil Spill: Prevention, Preparedness and Response
Program Area: Oil
Goal: Core Mission
Objective(s): Revitalize Land and Prevent Contamination

(Dollars in Thousands)

FY 2017
Actuals
FY 2018
Annualized
CR
FY 2019 Pres
Budget
FY 2019 Pres
Budget v.
FY 2018 Annualized
CR
Inland Oil Spill Programs
S 1-I.-I22.5
SI-1.311.0
SI 2.2'3.0
-S2.03N.0
Total Budget Authority
$14,422.5
$14,311.0
$12,273.0
-$2,038.0
Total Workyears
78.0
83.1
62.3
-20.8
Program Project Description:
The Oil Spill Prevention, Preparedness and Response program protects the American people by
preventing, preparing for, responding to, and monitoring inland oil spills. EPA is the lead federal
responder for inland oil spills, including transportation related spills from pipelines, trucks,
railcars, and other transportation systems. In addition, the program may provide technical
assistance, assets, and outreach to industry, states, and local communities as part of the Agency's
effort to ensure national safety and security for chemical and oil incidents.1
There are approximately 540,000 Spill Prevention, Control, and Countermeasure (SPCC)
facilities, including a subset of 4,600 Facility Response Plan (FRP) facilities identified as high risk
due to their size and location. The Oil Pollution Act requires certain facilities that store and use oil
to prepare response plans that are reviewed by EPA to ensure availability of response resources in
the event of a discharge.
To minimize the potential impacts to human health and the environment, the Agency will target
facilities that pose the highest risk. The Agency currently inspects approximately .08 percent of
SPCC facilities per year. In FY 2017, EPA found that 82 percent of FRP facilities and 77 percent
of SPCC facilities inspected had inadequate prevention and response plans. Inspections are
essential in ensuring that facility staff is knowledgeable about prevention and response plans, and
quickly able to put these plans into action.
EPA is the lead federal response agency for oil spills occurring in inland waters. EPA receives all
spill notifications at the National Response Center and retains the responsibility to ensure that all
inland oil spills are responded to within 12 hours. EPA works closely with state and local first
responders on smaller spills and leads the response on larger spills. EPA accesses the Oil Spill
Liability Trust Fund, administered by the U.S. Coast Guard, to obtain reimbursement funds for
site specific oil spill response activities. In FY 2017 EPA responded to approximately 85 oil spills
across the nation.
1 For additional information, refer to: https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations.
507

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FY 2019 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Revitalize Land and Prevent
Contamination in EPA's FY 2018 - 2022 Strategic Plan. In FY 2019, the Oil Spill Prevention,
Preparedness and Response program will:
•	Inspect oil facilities to ensure compliance with preventive measures. Inspections involve
reviewing the facility's preparedness and response plans, discussing key aspects of these
plans with facility staff, and conducting unannounced exercises that test the facility
owner's ability to put these preparedness and response plans into action. EPA will focus
inspections at high risk FRP facilities.
•	Maintain the National Contingency Plan's Subpart J product schedule, which identifies a
list of products that may be used to clean oil spills.
•	Maintain the National Oil Database, which compiles data for the program. The database
manages information obtained from new and historical inspections and has streamlined the
process for assisting facilities with compliance and equip inspectors with more efficient
inspection processes.
•	Deliver required annual oil spill inspector training to federal and state inspectors.
EPA is proposing to develop a new program that would authorize EPA to collect and use fees for
compliance assistance. This fee and service will be voluntary and EPA would conduct an on-site
walk through within one-year of the accepted request and provide a report to assist FRP and SPCC
facilities in complying with EPA regulations. Authorizing language is proposed with the budget
submission.
Performance Measure Targets:
(438) Number of inspections conducted at oil facilities subject to the Spill Prevention,
Control and Countermeasure regulation.
FY 2018
Target
FY 2019
Target
410
410

(437) Number of inspections conducted at oil facilities subject to the Facility
Response Plan regulation.
FY 2018
Target
FY 2019
Target
200
200
FY 2019 Change from FY 2018 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,219.0) This net change to fixed and other costs is an increase due to the recalculation
of base workforce costs for existing FTE due to adjustments in salary, essential workforce
support, and benefit costs.
508

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• (-$3,257.0/ -20.8 FTE) This program change is a focus on SPCC and FRP facility
inspections on facilities that pose the highest risk. It also reduces specialized training
opportunities for Agency federal On Scene Coordinators and updates to regional Area
Contingency Plans.
Statutory Authority:
The Clean Water Act, § 311 and the Oil Pollution Act.
509

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Operations and Administration
510

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Facilities Infrastructure and Operations
Program Area: Operations and Administration
Goal: Rule of Law and Process
Objective(s): Improve Efficiency and Effectiveness

(Dollars in Thousands)

FY 2017
Actuals
FY 2018
Annualized
CR
FY 2019 Pres
Budget
FY 2019 Pres
Budget v.
FY 2018 Annualized
CR
Environmental Program & Management
$293,997.9
$305,844.0
$300,738.0
-$5,106.0
Science & Technology
$64,642.7
$67,875.0
$68,834.0
$959.0
Building and Facilities
$26,065.5
$27,602.0
$33,377.0
$5,775.0
T.cakiimT iidei'uiiiiiiid Sloiaue Tanks
$502.2
0
$773.0
-S20 0
Inland Oil Spill Programs
S3-(,.2
$580.0
Sf>f,xO
$85.0
Hazardous Substance Superfund
$69,651.3
$75,985.0
$74,144.0
-$1,841.0
Total Budget Authority
$455,235.8
$478,679.0
$478,531.0
-$148.0
Total Workyears
323.4
356.7
318.0
-38.7
Program Project Description:
EPA's Facilities Infrastructure and Operations program in the Inland Oil Spill Response
appropriation supports the Agency's rent, transit subsidy, and facility operations. Funding is
allocated for such services among the major appropriations for the Agency.
FY 2019 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness in EPA's FY 2018 - 2022 Strategic Plan. The Agency will continue to conduct rent
reviews and verify monthly billing statements for its lease agreements with the General Services
Administration and other private landlords. For FY 2019, EPA is requesting $0,496 million for
rent in the Inland Oil Spills appropriation.
Performance Measure Targets:
Currently there are no performance measures specific to this program.
FY 2019 Change from FY 2018 Annualized Continuing Resolution (Dollars in Thousands):
•	(+$78.0) This change to fixed and other costs is an increase due to the recalculation of rent
charged by appropriation, offset by a decrease in transit subsidy.
•	(+$7.0) This program change is an increase for facility operations.
511

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Statutory Authority:
Federal Property and Administration Services Act; Public Building Act; Robert T. Stafford
Disaster Relief and Emergency Assistance Act; Clean Water Act; Clean Air Act; Resource
Conservation and Recovery Act (RCRA); Toxic Substances Control Act (TSCA); National
Environmental Policy Act (NEPA); Community Environmental Response Facilitation Act
(CERFA); Energy Policy Act of 2005; Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as
amended by Pub. L. 98-80, 97 Stat. 485 (codified at Title 5, App.) (EPA's organic statute).
512

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Research: Sustainable Communities
513

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Research: Sustainable and Healthy Communities
Program Area: Research: Sustainable Communities
Goal: Rule of Law and Process
Objective(s): Prioritize Robust Science

(Dollars in Thousands)

FY 2017
Actuals
FY 2018
Annualized
CR
FY 2019 Pres
Budget
FY 2019 Pres
Budget v.
FY 2018 Annualized
CR
Science & Technology
$142,429.1
$133,415.0
$52,549.0
-$80,866.0
Leaking Underground Storage Tanks
$358.0
$318.0
$320.0
$2.0
Inland Oil Spill Programs
N (,5X4
S(o'J.O
N 5 !(,.()
-SI 4X0
Hazardous Substance Superfund
$12,717.6
$11,385.0
$10,885.0
-$500.0
Total Budget Authority
$156,158.1
$145,777.0
$64,270.0
-$81,507.0
Total Workyears
459.7
476.3
294.1
-182.2
Program Project Description:
EPA is the lead federal on-scene coordinator for inland oil spills and provides technical
assistance, when needed, for coastal spills. EPA is therefore charged with responsibilities for oil
spill preparedness and response and associated research. EPA's research, planned in concert with
partner agencies (the U.S. Coast Guard, Department of the Interior, Department of
Transportation, and Department of Commerce) supports EPA's lead role in developing protocols
for testing spill response products and agents.
The Sustainable and Healthy Communities (SHC) research program for inland oil spills, funded
through the Oil Spill Liability Trust Fund,2 provides federal, regional, state, tribal, and
community decision-makers with analysis and tools to protect human and ecosystem health from
the negative impacts of oil spills. EPA provides assistance to communities by supporting local
officials in their response to a spill. As a result of this research, responders can make better
decisions on approaches and methods to reduce the spread and impact of coastal and inland oil
spills, including pipeline and railway spills. Additionally, EPA's remediation expertise is
critical in addressing potential impacts to communities and their environmental resources
associated with pipeline and railway oil spills.
In support of these response efforts, EPA conducts research related to the Agency's National
Contingency Plan (NCP) Product Schedule.3 The NCP is used nationwide by emergency
responders and federal agencies in responding to oil spills. EPA's role is to develop and evaluate
response approaches involving bioremediation, dispersants, and other additives, and to assess
impacts to surface water and groundwater, especially as they affect drinking water supplies. EPA
relies on this research to provide testing procedures that inform cleanup decisions during an
emergency spill response.
2	For more information, see: http://www.useg.mil/ccs/npfc/About NPFC/osltf.asp.
3	For more information, see: http://www2.epa.gov/emergencv-response/national-contingencv-plan-subpart-i.
514

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Recent accomplishments in this research area include:
•	Developing an Oil Surface Washing Agent Protocol: Surface Washing Agents (SWAs),
also known as shoreline cleaning agents, are listed in the NCP and can be used following
an oil spill event to enhance the removal of stranded oil from shoreline surfaces. EPA has
and will continue to develop a laboratory effectiveness test for SWA. The effectiveness
test will serve as a basis for proposed new listing criteria for the SWA products in the
NCP. A product derived from this protocol is slated for FY 2019.
•	Providing the Land and Emergency Management Program with Information on
Biodegradability for Crude Oils and Dispersants: EPA's research results in this area
inform decision makers on how long surfactant chemicals can potentially persist in the
environment after use in responding to an oil spill, thus supporting the Agency's goal of
protecting communities. This information was delivered in the fourth quarter of 2017.
FY 2019 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.3, Prioritize Robust Science in EPA's
FY 2018 - 2022 Strategic Plan. More specifically, SHC's FY 2019 research will focus explicitly
on conducting research to support regulatory activities and protocol development for the National
Oil and Hazardous Substances Pollution Contingency Plan and provide on-demand technical
support at federal-, tribal-, or state-managed cleanup sites, as well as assistance during
emergencies. The program conducts health, environmental engineering, and ecological research
and prepares planning and analysis tools for localities nationwide to use in facilitating regulatory
compliance and improving environmental and health outcomes.
Specific SHC activities in FY 2019 include:
•	Developing or revising protocols to test oil spill control agents or products for listing on
the National Contingency Plan (NCP) Product Schedule and will conduct other research,
as needed by EPA's Emergency Management Program.
•	Conducting studies on the effectiveness of bioremediation of petroleum-based oil,
vegetable oil, and biodiesel. Bioremediation is a treatment that uses naturally occurring
organisms to breakdown hazardous substances into less toxic or nontoxic substances
to improve clean up.
•	Researching dispersants' performance and behavior in deep water and arctic spills, in
collaboration with the Department of the Interior's Bureau of Safety and Environmental
Enforcement (BSEE) and Canada's Department of Fisheries and Oceans.
EPA scientists will produce a report on surface washing agents, solidifiers, and oil herding agents
used in salt and freshwater responsive to Subpart J of the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP) during FY 2019. EPA also will expand research efforts
regarding oil biodegradation and the characterization of crude oil.
515

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Performance Measure Targets:
Work under this program supports performance results in the Sustainable and Healthy
Communities Program under the S&T appropriation. EPA is reconstituting a subcommittee under
the Office of Research and Development's (ORD) Board of Scientific Counselors (BOSC) for the
SHC program to evaluate its performance and provide feedback to the Agency. The SHC program
will meet regularly with both the BOSC and Science Advisory Board over the next several years
to seek their input on topics related to research program design, science quality, innovation,
relevance and impact. This includes advising EPA on its strategic research direction midway
through the 4-year cycle of Strategic Research Action Plans (StRAPs).
EPA collaborates with several science agencies and the research community to assess our research
performance. For example, EPA is partnering with National Institutes of Health, the National
Science Foundation, Department of Energy, and Department of Agriculture. ORD's state
engagement program is designed to inform states about ORD's research programs and role within
EPA, and to enable ORD to better understand the science needs of state environmental agencies.
Key partners at the state level include the Environmental Council of the States, with its
Environmental Research Institute of the States and the Interstate Technology and Regulatory
Council, as well as state media associations such as the Association of State and Territorial Solid
Waste Management Officials. The Agency also works with the White House's Office of Science
and Technology Policy and supports the interagency Science and Technology in America's
Reinvestment - Measuring the Effect of Research on Innovation, Competitiveness and Science
(STAR METRICS) effort.4
FY 2019 Change from FY 2018 Annualized Continuing Resolution (Dollars in Thousands):
•	(+$16.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs due to adjustments in salary, essential workforce support, and benefit
costs.
•	(-$159.0) This program change streamlines research to study the performance and behavior
of oil dispersants in deep water and arctic spills, as well as revised protocols for testing oil
spill control agents pursuant to the National Contingency Plan Product Schedule.
Statutory Authority:
Oil Pollution Act; Clean Water Act, §311.
4 STAR METRICS: https://www.starmetrics.nih.gov/.
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