United States
Environmental Protection Agency
FISCAL YEAR 2021
Justification of Appropriation
Estimates for the Committee
on Appropriations
Tab 04: Environmental Programs and Management
February 2020
EPA-190-S-20-001 www.epa.gov/ocfo
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Environmental Protection Agency
FY 2021 Annual Performance Plan and Congressional Justification
Table of Contents - Environmental Programs and Management
Program Projects in EPM 170
Clean Air 174
Clean Air Allowance Trading Programs 175
Atmospheric Protection Program 179
Federal Stationary Source Regulations 182
Federal Support for Air Quality Management 186
Stratospheric Ozone: Domestic Programs 192
Stratospheric Ozone: Multilateral Fund 196
Brownfields 197
Brownfields 198
Compliance 201
Compliance Monitoring 202
Enforcement 207
Civil Enforcement 208
Criminal Enforcement 212
Environmental Justice 214
NEPA Implementation 216
Geographic Programs 218
Geographic Program: Chesapeake Bay 219
Geographic Program: Gulf of Mexico 221
Geographic Program: Lake Champlain 222
Geographic Program: Long Island Sound 223
Geographic Program: Other 224
Geographic Program: South Florida 226
Geographic Program: San Francisco Bay 230
Geographic Program: Puget Sound 231
Great Lakes Restoration 232
Homeland Security 239
Homeland Security: Communication and Information 240
165
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Homeland Security: Critical Infrastructure Protection 244
Homeland Security: Protection of EPA Personnel and Infrastructure 246
Indoor Air and Radiation 248
Indoor Air: Radon Program 249
Radiation: Protection 250
Radiation: Response Preparedness 252
Reduce Risks from Indoor Air 254
Information Exchange 255
Children and Other Sensitive Populations: Agency Coordination 256
Environmental Education 259
Exchange Network 260
Executive Management and Operations 263
Small Business Ombudsman 267
Small Minority Business Assistance 270
State and Local Prevention and Preparedness 273
TRI / Right to Know 276
Tribal - Capacity Building 279
International Programs 282
International Sources of Pollution 283
Trade and Governance 287
US Mexico Border 289
IT/ Data Management/ Security 291
Information Security 292
IT / Data Management 295
Legal/ Science/ Regulatory/ Economic Review 299
Administrative Law 300
Alternative Dispute Resolution 302
Civil Rights Program 303
Integrated Environmental Strategies 308
Legal Advice: Environmental Program 313
Legal Advice: Support Program 316
Regional Science and Technology 318
Regulatory /Economic-Management and Analysis 319
Science Advisory Board 323
166
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Operations and Administration 325
Acquisition Management 326
Central Planning, Budgeting, and Finance 330
Facilities Infrastructure and Operations 334
Financial Assistance Grants / IAG Management 337
Human Resources Management 340
Pesticides Licensing 344
Science Policy and Biotechnology 345
Pesticides: Protect Human Health from Pesticide Risk 346
Pesticides: Protect the Environment from Pesticide Risk 352
Pesticides: Realize the Value of Pesticide Availability 359
Resource Conservation and Recovery Act (RCRA) 363
RCRA: Corrective Action 364
RCRA: Waste Management 367
RCRA: Waste Minimization & Recycling 371
Toxics Risk Review and Prevention 374
Endocrine Disruptors 375
Pollution Prevention Program 376
Toxic Substances: Chemical Risk Review and Reduction 377
Toxic Substances: Lead Risk Reduction Program 385
Underground Storage Tanks (LUST/UST) 387
LUST/UST 388
Water Ecosystems 391
National Estuary Program / Coastal Waterways 392
Wetlands 393
Water: Human Health Protection 396
Beach / Fish Programs 397
Drinking Water Programs 398
Water Quality Protection 404
Marine Pollution 405
Surface Water Protection 407
Congressional Priorities 413
Water Quality Research and Support Grants 414
167
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168
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Environmental Protection Agency
FY 2021 Annual Performance Plan and Congressional Justification
APPROPRIATION: Environmental Programs & Management
Resource Summary Table
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021
Pres Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
Environmental Programs &
Management
Budget Authority
$2,596,472.2
$2,663,356.0
$2,236,224.0
-$427,132.0
Total Workyears
8,562.2
8,808.6
7,643.7
-1,164.9
Bill Language: Environmental Program and Management
For environmental programs and management, including necessary expenses, not otherwise
provided for, for personnel and related costs and travel expenses; 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; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields Revitalization Act of2002; and not to
exceed $19,000 for official reception and representation expenses, $2,236,224,000, to remain
available until September 30, 2022. Provided further, That of the funds included in the first
paragraph under this heading, the Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any fees appropriated, not less than the
amount of appropriations for that program project for fiscal year 2014.
In addition, $46,000,000, to remain available until September 30, 2022, for necessary expenses of
the Energy Star program established by section 324A of The Energy Policy and Conservation Act
(42 U.S.C. 6294a): Provided, That the Administrator of the Environmental Protection Agency
shall collect fees pursuant to section 324A(e) (42 U.S.C. 6294a(e)), as added by this Act, and such
fees shall be credited to this appropriation as offsetting collections: Provided further, That the
sum herein ap- propriated in this paragraph from the general fund shall be reduced as such
collections are received during fiscal year 2021 so as to result in a finalfiscal year appropriation
from the general fund estimated at $0: Provided further, That to the extent such collections
received in fiscal year 2021 exceed $46,000,000, those excess amounts shall be deposited in the
general fund.
169
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Program Projects in EPM
[Dollars in Thousands)
Program Project
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
Clean Air
Clean Air Allowance Trading Programs
$15,302.4
$13,619.0
$13,231.0
-$388.0
Atmospheric Protection Program
$90,985.1
$95,436.0
$14,512.0
-$80,924.0
Federal Stationary Source Regulations
$19,279.9
$20,093.0
$17,877.0
-$2,216.0
Federal Support for Air Quality Management
$132,513.9
$130,588.0
$114,095.0
-$16,493.0
Stratospheric Ozone: Domestic Programs
$5,060.4
$4,661.0
$4,087.0
-$574.0
Stratospheric Ozone: Multilateral Fund
$8,326.0
$8,711.0
$0.0
-$8,711.0
Subtotal, Clean Air
$271,467.7
$273,108.0
$163,802.0
-$109,306.0
Indoor Air and Radiation
Indoor Air: Radon Program
$2,642.6
$3,136.0
$0.0
-$3,136.0
Radiation: Protection
$10,880.5
$7,992.0
$2,470.0
-$5,522.0
Radiation: Response Preparedness
$2,078.1
$2,196.0
$2,350.0
$154.0
Reduce Risks from Indoor Air
$10,931.6
$11,627.0
$0.0
-$11,627.0
Subtotal, Indoor Air and Radiation
$26,532.8
$24,951.0
$4,820.0
-$20,131.0
Brownfields
Brownfields
$22,939.3
$23,647.0
$17,816.0
-$5,831.0
Compliance
Compliance Monitoring
$100,132.8
$101,665.0
$95,649.0
-$6,016.0
Enforcement
Civil Enforcement
$160,202.2
$167,615.0
$157,820.0
-$9,795.0
Criminal Enforcement
$46,342.0
$47,635.0
$46,627.0
-$1,008.0
Environmental Justice
$5,033.5
$9,554.0
$2,729.0
-$6,825.0
NEPA Implementation
$13,827.4
$15,833.0
$17,937.0
$2,104.0
Subtotal, Enforcement
$225,405.1
$240,637.0
$225,113.0
-$15,524.0
Geographic Programs
Geographic Program: Chesapeake Bay
$72,800.7
$85,000.0
$7,300.0
-$77,700.0
Geographic Program: Gulf of Mexico
$17,690.4
$17,553.0
$0.0
-$17,553.0
Geographic Program: Lake Champlain
$10,995.0
$13,390.0
$0.0
-$13,390.0
Geographic Program: Long Island Sound
$14,232.7
$21,000.0
$0.0
-$21,000.0
Geographic Program: Other
Lake Pontchartrain
$947.0
$1,089.0
$0.0
-$1,089.0
S.New England Estuary (SNEE)
$4,842.8
$5,741.0
$0.0
-$5,741.0
170
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Program Project
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
Geographic Program: Other (other
activities)
$1,401.5
$2,736.0
$0.0
-$2,736.0
Subtotal, Geographic Program: Other
$7,191.3
$9,566.0
$0.0
-$9,566.0
Great Lakes Restoration
$292,571.0
$320,000.0
$320,000.0
$0.0
Geographic Program: South Florida
$1,305.2
$4,845.0
$3,206.0
-$1,639.0
Geographic Program: San Francisco Bay
$8,381.7
$5,922.0
$0.0
-$5,922.0
Geographic Program: Puget Sound
$27,936.8
$33,000.0
$0.0
-$33,000.0
Subtotal, Geographic Programs
$453,104.8
$510,276.0
$330,506.0
-$179,770.0
Flomeland Security
Flomeland Security: Communication and
Information
$4,003.8
$3,818.0
$3,677.0
-$141.0
Flomeland Security: Critical Infrastructure
Protection
$444.4
$840.0
$1,361.0
$521.0
Homeland Security: Protection of EPA Personnel
and Infrastructure
$5,755.6
$5,355.0
$4,986.0
-$369.0
Subtotal, Homeland Security
$10,203.8
$10,013.0
$10,024.0
$11.0
Information Exchange / Outreach
State and Local Prevention and Preparedness
$12,588.0
$13,594.0
$10,862.0
-$2,732.0
TRI / Right to Know
$12,136.9
$12,155.0
$8,065.0
-$4,090.0
Tribal - Capacity Building
$13,780.0
$13,072.0
$14,099.0
$1,027.0
Executive Management and Operations
$51,243.2
$47,259.0
$43,784.0
-$3,475.0
Environmental Education
$8,597.1
$8,580.0
$0.0
-$8,580.0
Exchange Network
$17,090.3
$15,184.0
$12,328.0
-$2,856.0
Small Minority Business Assistance
$1,411.3
$987.0
$1,080.0
$93.0
Small Business Ombudsman
$1,906.9
$1,824.0
$1,983.0
$159.0
Children and Other Sensitive Populations:
Agency Coordination
$5,903.7
$6,173.0
$2,704.0
-$3,469.0
Subtotal, Information Exchange / Outreach
$124,657.4
$118,828.0
$94,905.0
-$23,923.0
International Programs
US Mexico Border
$3,236.0
$2,693.0
$0.0
-$2,693.0
International Sources of Pollution
$7,011.4
$6,553.0
$10,628.0
$4,075.0
Trade and Governance
$5,716.8
$5,365.0
$0.0
-$5,365.0
Subtotal, International Programs
$15,964.2
$14,611.0
$10,628.0
-$3,983.0
IT / Data Management / Security
Information Security
$7,649.5
$7,593.0
$14,012.0
$6,419.0
IT / Data Management
$78,748.7
$80,223.0
$79,064.0
-$1,159.0
Subtotal, IT / Data Management / Security
$86,398.2
$87,816.0
$93,076.0
$5,260.0
171
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Program Project
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
Legal / Science / Regulatory / Economic Review
Integrated Environmental Strategies
$10,760.9
$10,152.0
$14,200.0
$4,048.0
Administrative Law
$4,527.9
$4,835.0
$5,104.0
$269.0
Alternative Dispute Resolution
$667.4
$870.0
$0.0
-$870.0
Civil Rights Program
$8,972.5
$8,814.0
$9,780.0
$966.0
Legal Advice: Environmental Program
$51,526.8
$47,978.0
$50,263.0
$2,285.0
Legal Advice: Support Program
$14,926.0
$14,478.0
$18,082.0
$3,604.0
Regional Science and Technology
$1,224.3
$808.0
$0.0
-$808.0
Science Advisory Board
$3,154.5
$3,214.0
$4,031.0
$817.0
Regulatory/Economic-Management and Analysis
$12,616.7
$13,094.0
$17,294.0
$4,200.0
Subtotal, Legal / Science / Regulatory / Economic
Review
$108,377.0
$104,243.0
$118,754.0
$14,511.0
Operations and Administration
Central Planning, Budgeting, and Finance
$72,920.6
$71,423.0
$76,603.0
$5,180.0
Facilities Infrastructure and Operations
$321,500.4
$287,595.0
$317,345.0
$29,750.0
Acquisition Management
$33,799.8
$30,945.0
$29,621.0
-$1,324.0
Human Resources Management
$43,339.9
$41,556.0
$44,538.0
$2,982.0
Financial Assistance Grants / IAG Management
$23,794.8
$23,802.0
$21,452.0
-$2,350.0
Subtotal, Operations and Administration
$495,355.5
$455,321.0
$489,559.0
$34,238.0
Pesticides Licensing
Science Policy and Biotechnology
$1,823.4
$1,605.0
$0.0
-$1,605.0
Pesticides: Protect Human Health from Pesticide
Risk
$55,368.2
$58,753.0
$51,268.0
-$7,485.0
Pesticides: Protect the Environment from
Pesticide Risk
$39,444.2
$38,966.0
$32,100.0
-$6,866.0
Pesticides: Realize the Value of Pesticide
Availability
$7,193.6
$7,722.0
$6,014.0
-$1,708.0
Subtotal, Pesticides Licensing
$103,829.4
$107,046.0
$89,382.0
-$17,664.0
Research: Chemical Safety for Sustainability
Research: Chemical Safety for Sustainability
$131.9
$0.0
$0.0
$0.0
Resource Conservation and Recovery Act (RCRA)
RCRA: Corrective Action
$34,554.0
$36,973.0
$35,126.0
-$1,847.0
RCRA: Waste Management
$58,728.3
$66,819.0
$50,399.0
-$16,420.0
RCRA: Waste Minimization & Recycling
$8,840.2
$8,997.0
$4,253.0
-$4,744.0
Subtotal, Resource Conservation and Recovery Act
(RCRA)
$102,122.5
$112,789.0
$89,778.0
-$23,011.0
172
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Program Project
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
Toxics Risk Review and Prevention
Endocrine Disruptors
$8,178.1
$7,533.0
$0.0
-$7,533.0
Pollution Prevention Program
$11,657.5
$11,127.0
$0.0
-$11,127.0
Toxic Substances: Chemical Risk Review and
Reduction
$64,241.5
$60,488.0
$69,004.0
$8,516.0
Toxic Substances: Lead Risk Reduction Program
$11,663.0
$11,567.0
$0.0
-$11,567.0
Subtotal, Toxics Risk Review and Prevention
$95,740.1
$90,715.0
$69,004.0
-$21,711.0
Underground Storage Tanks (LUST / UST)
LUST / UST
$11,089.8
$10,750.0
$6,863.0
-$3,887.0
Water: Ecosystems
National Estuary Program / Coastal Waterways
$26,425.7
$29,823.0
$0.0
-$29,823.0
Wetlands
$17,234.9
$19,241.0
$22,604.0
$3,363.0
Subtotal, Water: Ecosystems
$43,660.6
$49,064.0
$22,604.0
-$26,460.0
Water: Human Health Protection
Beach / Fish Programs
$1,490.8
$1,584.0
$0.0
-$1,584.0
Drinking Water Programs
$92,373.1
$100,903.0
$97,462.0
-$3,441.0
Subtotal, Water: Human Health Protection
$93,863.9
$102,487.0
$97,462.0
-$5,025.0
Water Quality Protection
Marine Pollution
$9,349.3
$9,258.0
$4,680.0
-$4,578.0
Surface Water Protection
$196,146.1
$198,431.0
$201,799.0
$3,368.0
Subtotal, Water Quality Protection
$205,495.4
$207,689.0
$206,479.0
-$1,210.0
Congressional Priorities
Water Quality Research and Support Grants
$0.0
$17,700.0
$0.0
-$17,700.0
TOTAL EPM
$2,596,472.2
$2,663,356.0
$2,236,224.0
-$427,132.0
173
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Clean Air
174
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Clean Air Allowance Trading Programs
Program Area: Clean Air
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul I'roffrum.s A- Muiui'^cmcnl
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S IJ.2JI.il
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Science & Technology
$7,834.8
$7,463.0
$5,739.0
-$1,724.0
Total Budget Authority
$23,137.2
$21,082.0
$18,970.0
-$2,112.0
Total Workyears
64.5
63.7
61.7
-2.0
Program Project Description:
Sulfur dioxide (SO2) and nitrogen oxides (NOx) are precursors for fine particulate matter (PM2.5),
while NOx also is a precursor for ground-level ozone. Researchers have associated PM2.5 and
ozone (O3) exposure with adverse health effects in toxicological, clinical, and epidemiological
studies. Lowering exposure to PM2.5 and O3 contributes to significant human health benefits.
The Clean Air Allowance Trading Programs are nationwide and multi-state programs that address
air pollutants that are transported across state, regional, and international boundaries. The
Programs designed to control SO2 and NOx include Title IV (the Acid Rain Program) of the Clean
Air Act, the Cross-State Air Pollution Rule (CSAPR), and the Texas SO2 Trading Program.
The Clean Air Allowance Trading Programs establish a total emission limit that is allocated to
affected emission sources in the form of allowances - authorizations to emit one ton of a pollutant.
The owners and operators of affected emission sources may select among different methods of
compliance - install pollution control equipment, switch fuel types, purchase allowances, or other
strategies. These programs are managed through a centralized database system operated by
EPA.1 Select data, collected under these programs, are made available to the public through EPA's
Air Markets Program Data website2, which provides access to both current and historical data
collected as part of the Clean Air Allowance Trading Programs through charts, reports, and pre-
packaged datasets.
To implement the Clean Air Allowance Trading Programs, EPA operates the Part 75 emission
measurement program that requires approximately 4,150 affected units to monitor and report
emission and operation data.3 The emission measurement program requires high degrees of
accuracy and reliability from continuous emission monitoring systems or approved alternative
methods at the affected sources. EPA provides the affected emission sources with a software tool,
the Emissions Collection and Monitoring Plan System, to process and assure the quality of data,
1 Clean Air Act § 403(d).
2 For additional information, please see: https://www.epa.gov/airmarkets/clean-air-markets-progress.
3 Clean Air Act § 412; Clean Air Act Amendments of 1990. P.L. 101-549 § 821.
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and facilitate reporting to EPA. The Agency conducts electronic audits, desk reviews, and field
audits of the emission data and monitoring systems. The emission measurement program supports
several other state and federal emission control and reporting programs.
EPA's centralized market operation system (the allowance tracking system) records allowance
allocations and transfers.4 At the end of each compliance period, allowances are reconciled against
reported emissions to determine compliance for every facility with affected emission sources. For
over 20 years, the affected facilities have maintained near-perfect compliance under the trading
programs. In 2018, total annual SO2 emissions from Acid Rain Program-affected emission sources
were 1.2 million tons, or more than 85 percent below the statutory nationwide emissions cap. Total
annual 2018 NOx emissions were 1.0 million tons, a reduction of over 7 million tons from
projected 2000 NOx levels absent the Acid Rain Program, exceeding the Program's total targeted
reduction of 2 million tons.5
The Clean Air Act's Good Neighbor provision6 requires states or, in some circumstances, the
Agency to reduce interstate pollution that interferes with the attainment and maintenance of the
National Ambient Air Quality Standards. Under this authority, EPA issued the Cross-State Air
Pollution Rule, which requires 27 states in the eastern U.S. to limit their state-wide emissions of
SO2 and/or NOx to reduce or eliminate the states' contributions to PM2.5 and/or ground-level ozone
pollution in downwind states. The emission limitations are defined in terms of maximum statewide
"budgets" for emissions of annual SO2, annual NOx, and/or ozone-season NOx emissions from
certain large stationary sources in each state. In addition, EPA began operating the Texas SO2
Trading Program in 2019 as a means of addressing Texas' obligations with respect to best available
retrofit technology, reasonable progress, and interstate visibility transport as those obligations
relate to sulfur dioxide emissions from electricity generating units.7
EPA relies on the Clean Air Status and Trends Network for monitoring ambient sulfate and nitrate
deposition concentrations, and other air quality indicators. EPA uses the Long-Term Monitoring
program for assessing how water bodies and aquatic ecosystems are responding to reductions in
sulfur and nitrogen emissions. Data from these air quality and environmental monitoring programs,
in conjunction with SO2, NOx, and CO2 emissions data from the Part 75 monitoring program, have
allowed EPA to develop a comprehensive accountability framework to track the results of its air
quality programs. EPA applies this framework to the programs it implements and issues annual
progress reports on compliance and environmental results achieved by the Acid Rain Program and
the Cross-State Air Pollution Rule. Previous reports have covered progress under the Clean Air
Interstate Rule and the NOx Budget Trading Program. These annual progress reports not only track
reductions in SO2 and NOx emissions from affected sources but assess the impacts of these
reductions on air quality (e.g., ozone and PM2.5 levels), acid deposition, surface water acidity,
forest health, and other environmental indicators.
4 Clean Air Act § 403(d).
5 For more information, please see: https://www.epa.gov/sites/production/files/2019-02/view 2018 camd emissions data 3.xlsx.
6 Clean Air Act § 110(a)(2)(D); see also Clean Air Act § 110(c).
7 Clean Air Act § 110 and § 169A; see 40 CFR 52.2312.
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FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Improve Air Quality in the
FY 2018-2022 EPA Strategic Plan. In FY 2021, EPA will continue to operate the Clean Air
Allowance Trading Programs and the systems to assess the programs' progress toward the
environmental goals required by the Clean Air Act. EPA will work to meet requirements and
requests for modeling in support of the power sector and for legal defense of regulatory actions.
The Program will continue to support emission reporting for the Mercury and Air Toxics Standard
Rule and Greenhouse Gas Reporting Program.8
Allowance tracking and compliance assessment: EPA will allocate SO2 and NOx allowances to
affected emission sources and other account holders as established in the Clean Air Act9 and state
and federal CSAPR implementation plans. These allowance holdings will be maintained in an
updated allowance tracking system (i.e., central database) that will record allowance transfers.10
At the end of each compliance period, EPA will reconcile each facility's allowance holdings
against its emissions to ensure compliance for all affected sources.11
Emission measurement and data collection and review: EPA will operate the Part 75 Emission
Measurement Program to collect, verify, and track emissions of air pollutants and air toxics from
approximately 4,200 fossil-fuel-fired electric generating units.
Program Assessment: EPA will develop progress reports and other information to communicate
the extent of the progress made by the Clean Air Allowance Trading Programs.12
Redesign System Applications: EPA will continue the redesign of its Air Markets Program Data
website and Emission Monitoring Plan System desktop software. These mission critical systems
support the trading programs, as well as other emissions reporting programs operated by the states
and EPA. Reengineering these decade-old systems will enable EPA to enhance the user
experience, comply with EPA security and technology requirements, consolidate software
systems, and reduce operation and maintenance costs.
Assistance to States: EPA will work with states to develop emission reduction programs to comply
with Clean Air Act Good Neighbor Provision and Texas SO2 Trading program requirements.13
8 See, 40 C.F.R. Part 63, Subpart UUUUU (National Emission Standards for Hazardous Air Pollutants: Coal and Oil Fired Electric
Utility Steam Generating Units) and 40 C.F.R. Part 98, Subpart D (Mandatory Greenhouse Gas Reporting: Electricity Generation).
9 Clean Air Act §§ 110 and 403
10 Clean Air Act §§ 110 and 403.
11 Clean Air Act §§110 and 404-405, and state CSAPR implementation plans.
12 Government Performance and Results Act § 1115.
13 Clean Air Act § 110(a)(2)(D).
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Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
For more information on program performance, please visit:
http ://www. epa. gov/airmarket/progress/progress-reports.htm 1.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$972.0) This change is an increase due to the recalculation of base payroll costs.
• (-$1,360.0 / -2.0 FTE) This decrease is a resource shift from the Clean Air Allowance
Trading Program to the Federal Support for Air Quality Management Program.
Statutory Authority:
Clean Air Act.
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Atmospheric Protection Program
Program Area: Clean Air
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Inventory provides information on total annual U.S. emissions and removals by source, economic
sector, and greenhouse gas. EPA leads the interagency process of preparing the Inventory, working
with technical experts from numerous federal agencies, including the Department of Energy's
Energy Information Agency, Department of Agriculture, Department of Defense, U.S. Geological
Survey, and academic and research institutions.
Managing the Transition from Ozone Depleting Substances: EPA implements efforts directed by
Section 612 of the Clean Air Act to ensure a smooth transition from ozone depleting substances to
safer alternatives.
Science. Economic, and Technical Analyses: EPA conducts a range of economic, scientific, and
technical analyses for CAA regulatory actions and technical input.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Improve Air Quality in the
FY 2018-2022 EPA Strategic Plan. In FY 2021, EPA will provide technical, analytical, and
scientific support for regulatory action consistent with the Presidential Executive Order on
Promoting Energy Independence and Economic Growth, dated March 28, 2017.
In FY 2021, EPA would implement user fees for entities that participate in the ENERGY STAR
program. Fee collection would start in FY 2021 after EPA undertakes a rulemaking and finalizes
a fees rule. By requesting an advance appropriation of $46 million for FY 2021, the budget
provides the Program the authority to use fees to operate the program in advance of collections.
The fees would provide for necessary expenses, including payroll to support the development,
operation, and maintenance of the ENERGY STAR Program. The legislative proposal to authorize
collection and spending of the fees is included as an administrative provision in the FY 2021
President's Budget Appendix.
The Agency will continue to implement priorities and efficiencies as called for in the January 24,
2017 Presidential Memorandum on Streamlining Permitting and Reducing Burden to Domestic
Regulatory Manufacturing. These efforts are expected to align with previously identified Executive
Orders, including implementation of Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs and Executive Order 13777, Enforcing the Regulatory Reform Agenda. EPA will
evaluate recommendations, and where appropriate, take action to repeal, replace, or modify existing
regulations to make them less burdensome.
In FY 2021, EPA will continue to implement the Greenhouse Gas Reporting Program covering a
total of 41 sectors, with approximately 8,000 reporters. Focus areas for the Program will include:
• Developing and implementing regulatory revisions across multiple sectors, including
oil and gas to reduce burden and streamline reporting where appropriate;
• Aligning the database management systems with those regulatory amendments; and
• Conducting a QA/QC and verification process through a combination of electronic checks,
staff reviews, and follow-up with facilities when necessary.
EPA will work to complete the annual Inventory of U.S. Greenhouse Emissions and Sinks.
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Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$726.0) This change is an increase due to the recalculation of base payroll costs.
• (-$81,650.0 / -121.9 FTE) This program change is a decrease that proposes elimination of
appropriated funding for the partnership programs with industry, businesses, states, tribes,
and localities and focuses the program on core requirements to meet CAA obligations and
other statutory requirements.
• (+70.0 FTE) This program change is an increase in reimbursable FTE for the development,
operation, and maintenance of a fee-supported ENERGY STAR Program. By requesting
an advance appropriation of $46 million for FY 2021, the budget allows for the time
involved in both a fee rulemaking and developing and enacting new authorizing legislation
by providing the program the authority to use fees to operate the program in advance of
collections.
Statutory Authority:
Clean Air Act; Global Change Research Act of 1990; Global Climate Protections Act; Energy
Policy Act of 2005 § 756; Pollution Prevention Act §§ 6602-6605; National Environmental Policy
Act (NEPA) § 102; Clean Water Act § 104; Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (RCRA) § 8001.
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Federal Stationary Source Regulations
Program Area: Clean Air
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Total Budget Authority
$19,279.9
$20,093.0
$17,877.0
-$2,216.0
Total Workyears
98.2
108.5
79.1
-29.4
Program Project Description:
Under the statutory framework of the Clean Air Act (CAA), EPA is required to undertake actions
pertaining to multiple aspects of air quality. The CAA requires EPA to set National Ambient Air
Quality Standards (NAAQS) for ambient pollutants considered harmful to public health and the
environment. The six "criteria" pollutants for which EPA has established NAAQS are:
particulate matter (PM), ozone (03), sulfur dioxide (SO2), nitrogen dioxide (NO2), carbon
monoxide (CO), and lead (Pb). The CAA requires EPA to periodically review the science upon
which the NAAQS are based and the standards themselves. These national standards form the
foundation for air quality management and establish goals that protect public health and the
environment. Section 109 of the CAA Amendments of 1990 established two types of NAAQS.
Primary standards are set at a level requisite to protect public health with an adequate margin of
safety. Secondary standards are set at a level requisite to protect public welfare from any known
or anticipated adverse effects.
Sections 111, 112, and 129 of the CAA statutory program direct EPA to undertake activities
targeted at air emissions of toxic, criteria, and other pollutants from stationary sources.
Specifically, to address air toxics, this program provides for the development of National Emission
Standards for Hazardous Air Pollutants (NESHAP) for major sources and area sources; the
assessment and, as necessary, regulation of risks remaining after implementation of NESHAP that
are based on Maximum Available Control Technology (MACT); the periodic review and revision
of the NESHAP to reflect developments in practices, processes, and control technologies; and
associated national guidance and outreach. In addition, EPA must periodically review, and, where
appropriate, revise both the list of air toxics subject to regulation and the list of source categories
for which standards must be developed. The statutory program also includes issuing, reviewing,
and periodically revising, as necessary, New Source Performance Standards (NSPS) for criteria
and a subset of listed pollutants from certain new, modified, or reconstructed sources of air
emissions; issuing emissions guidelines for states to apply to certain existing sources; and
providing guidance on Reasonably Available Control Technology through issuance and periodic
review and revision of control technique guidelines. The CAA further requires EPA to develop
and periodically review standards of performance and emissions guidelines covering air emissions
from waste combustion sources.
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Sections 169 A and 169B of the CAA require protection of air quality related values (AQRV) for
156 congressionally mandated national parks and wilderness areas, known as Class I areas.
Visibility is one such AQRV, and Congress established a national goal of returning visibility in
the Class I areas to natural conditions, i.e., the visibility conditions which existed without
manmade air pollution. The Regional Haze Rule sets forth the requirements that state plans must
satisfy to make reasonable progress towards meeting this national goal.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Improve Air Quality in the
FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the Agency will continue to implement priorities
and efficiencies called for in the January 24, 2017 Presidential Memorandum, Streamlining
Permitting and Reducing Regulatory Burdens for Domestic Manufacturing. These efforts are
expected to dovetail with previously identified Executive Orders, including implementation of
Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs and Executive
Order 13777, Enforcing the Regulatory Reform Agenda. EPA will continue to evaluate
recommendations, and, where appropriate, act to repeal, replace, or modify existing regulations to
make them less burdensome and provide greater certainty to regulated entities.
NAAQS: In FY 2021, EPA will continue reviewing the NAAQS and make revisions, as
appropriate. Each review involves a comprehensive reexamination, synthesis, and evaluation of
the scientific information, the design and conduct of complex air quality and risk and exposure
analyses, and the development of a comprehensive policy assessment providing analysis of the
scientific basis for alternative policy options.
EPA will work to achieve and maintain compliance with existing standards. These include the
ozone standards established in 2015, 2008, 1997, and 1979; the 1997 PMi0 standards; the
2012, 2006 and 1997 PM2 5 standards; the 2008 lead standard;14 the 2010 N02 standard;15 the
1971 CO standard; and the 2010 S02 standard16 (Note, pursuant to the May 9, 2018 memorandum,
Back to Basics Process for Reviewing the National Ambient Air Quality Standards, EPA is working
to complete reviews of the ozone and PM standards by late CY 2020). EPA, in close collaboration
with states and tribes, will work to reduce the number of areas not in attainment with the NAAQS,
including assisting states and tribes in developing CAA-compliant pollution reduction plans.
Air Toxics: Section 112(d)(6) of the CAA requires EPA to review and revise, as necessary, all
NESHAP (for both major and area sources) every eight years. These reviews include compiling
information and data already available to the Agency; collecting new information and emissions
data from industry; reviewing emission control technologies; and conducting economic analyses
for the affected industries needed for developing regulations. Similarly, Section 112(f) of the CAA
requires EPA to review the risk that remains after the implementation of MACT standards within
eight years of promulgation.
14 In September 2016, EPA completed the review of the 2008 Lead NAAQS and retained the standards without revision.
15 In April 2018, EPA completed the review of the 2010 NO2 NAAQS and retained the standards without revision.
16 In February 2019, EPA completed the review of the 2010 SO2 NAAQS and retained the standards without revision.
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In FY 2021, EPA will engage in rulemaking efforts to review and revise, as appropriate, emissions
standards for 14 source categories, pursuant to two separate court orders and statutory obligations.
Additionally, as a result of ongoing litigation, EPA expects to undertake reviews and regulatory
revisions, as applicable, under CAA Section 112 for five other source categories. EPA further
anticipates work to address expected CAA-authorized requests for administrative reconsideration
of some of the rules issued under Section 112 that EPA will be finalizing in 2020. These rules
affect more than 25 source categories.
NSPS: Section 111 of the CAA requires EPA to set NSPS for new, modified, or reconstructed
stationary sources of air emissions in categories that have been determined to cause, or
significantly contribute to, air pollution that may endanger public health or welfare. Section 111
of the CAA also requires EPA, at least every eight years, to review and, if appropriate, revise NSPS
for each source category for which such standards have been established. Under CAA Section 111,
EPA must establish emission guidelines for existing sources for which air quality criteria have not
been issued, are not included in the list published under Section 108(a) of the CAA or are emitted
from a source category that is regulated under Section 112 of the CAA but to which a standard of
performance would apply if such an existing source were a new source.
In FY 2021, EPA will work to address NSPS reviews, consistent with the requirements of the
CAA, for sources of air pollutants for multiple source categories, including Municipal Solid Waste
(MSW) Landfills, and anticipates further NSPS reviews for the Electric Utility Generating Units
(EGUs); Crude Oil and Natural Gas Production, Transmission and Distribution; primary copper;
and primary magnesium source categories. EPA also will address emission guidelines for MSW
Landfills. Additionally, as a result of ongoing litigation, EPA expects to undertake additional
NSPS reviews and regulatory revisions, as applicable, for two other source categories in FY 2021.
EPA also may undertake other projects, such as statutorily mandated, overdue NSPS and area
source technology reviews related to the source categories in addition to those mentioned above.
EPA will continue work on case-by-case regional and national NESHAP and NSPS applicability
determinations. In addition, under Section 129 of the CAA, EPA plans to address the statutorily
mandated reviews and court-ordered regulatory revisions for rules involving solid waste
incineration units, such as the Commercial and Industrial Solid Waste Incinerators and Other Solid
Waste Incinerators rules, and to review developments regarding incineration and control
technologies to support these rulemaking efforts. In FY 2021, EPA will address program-wide
issues, including court-remanded and court-vacated rules that apply across many industrial
sources.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$1,410.0) This change is an increase due to the recalculation of base payroll costs.
184
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• (-$3,626.0 / -29.4 FTE) This program change is a decrease in the Federal Stationary Source
Regulations Program. As a result of this change, the Agency will work to develop a more
efficient approach to meeting Clean Air Act requirements including statutorily-required
NAAQS reviews. In addition, EPA will rely on states and other stakeholders to identify
burden and cost-reduction actions needed to holistically improve the federal-state
partnership.
Statutory Authority:
Clean Air Act.
185
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Federal Support for Air Quality Management
Program Area: Clean Air
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
SIJ2.5JJ.V
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Science & Technology
$10,878.2
$6,039.0
$3,712.0
-$2,327.0
Total Budget Authority
$143,392.1
$136,627.0
$117,807.0
-$18,820.0
Total Workyears
824.8
842.0
638.8
-203.2
Program Project Description:
The Federal Support for Air Quality Management Program assists states, tribes, and local air
pollution control agencies in the development, implementation, and evaluation of programs for the
National Ambient Air Quality Standards (NAAQS), establishes standards for reducing air toxics,
and sustains visibility protection. EPA develops federal measures and regional strategies that help
to reduce emissions from stationary and mobile sources; whereas delegated states have the primary
responsibility (and tribes may choose to take responsibility) for developing clean air measures
necessary to meet the NAAQS and protect visibility. At the core of this program is the use of
scientific and technical air emissions data. EPA, working with states, tribes, and local air agencies,
develops methods for estimating and measuring air emissions and concentrations, collects these
data, and maintains databases (e.g., Emissions Inventory System, Air Quality System, etc.). EPA
also supports training for state, tribal, and local air pollution professionals.
Under the Clean Air Act (CAA), EPA is required to set the NAAQS for ambient pollutants
considered harmful to public health and the environment. The six "criteria" pollutants for which
EPA has established NAAQS are: particulate matter (PM), ozone (03), sulfur dioxide (S02),
nitrogen dioxide (N02), carbon monoxide (CO), and lead (Pb). The CAA requires EPA to
periodically review the science upon which the NAAQS are based and the standards themselves.
These national standards form the foundation for air quality management and establish goals that
protect public health and the environment.
NAAQS Development
Section 109 of the CAA Amendments of 1990 established two types of NAAQS - primary and
secondary standards. Primary standards are set at a level requisite to protect public health with an
adequate margin of safety, including the health of at-risk populations. Secondary standards are set
at a level requisite to protect public welfare from any known or anticipated adverse effects, such
as decreased visibility and damage to animals, crops, vegetation, and buildings.
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Air Pollution Information Tracking
For each of the six criteria pollutants, under Section 110 of the CAA, EPA tracks two kinds of air
pollution information: air pollutant concentrations based on actual measurements in the ambient
(outside) air at monitoring sites throughout the country; and pollutant emissions based on
engineering estimates or measurements of the total tons of pollutants released into the air each
year. EPA works with state and local governments to ensure the technical integrity of emission
source controls in State Implementation Plans (SIPs) and with tribes on Tribal Implementation
Plans (TIPs). EPA also reviews SIPs to ensure they are consistent with applicable requirements of
the CAA and takes regulatory action on SIP submissions consistent with CAA responsibilities.
New Source Review (NSR) Preconstruction Permit Program
The NSR preconstruction permit program in Title I of the CAA is a part of state plans to attain and
maintain the NAAQS. The two primary aspects of this program are the Prevention of Significant
Deterioration Program, described in Section 165 of the CAA and the Nonattainment NSR Program,
described in various parts of the CAA, including Sections 173 and 182.
Protection of Class I Areas
Sections 169A and 169B of the CAA require protection of visibility for 156 congressionally
mandated national parks and wilderness areas, known as Class I areas. The Congress established
a national goal of returning visibility in the Class I areas to natural conditions {i.e., the visibility
conditions which existed without manmade air pollution). The Regional Haze Rule sets forth the
requirements that state plans must satisfy to make reasonable progress towards meeting this
national goal.
Control of Air Toxics
The provisions of the CAA that address the control of air toxics are located primarily in Section
112. This section requires issuing National Emission Standards for Hazardous Air Pollutants
(NESHAP) for major sources and area sources; the assessment and, as necessary, regulation of
risks remaining after implementation of NESHAP that are based on Maximum Available Control
Technology (MACT); the periodic review and revision of all NESHAP to reflect developments in
practices, processes, and control technologies; and associated national guidance and outreach. In
addition, EPA must periodically review, and, where appropriate, revise both the list of air toxics
subject to regulation and the list of source categories for which standards must be developed.
Section 129 of the CAA requires a similar approach to review regulations applicable to solid waste
incinerators. In addition to its regulatory work, EPA also provides determinations to states and
industry seeking information about source-specific applicability of these regulations. EPA is
making improvements to the database that tracks applicability determinations.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Improve Air Quality in the
FY 2018-2022 EPA Strategic Plan. This program also supports the FY 2020 - 2021 Agency
187
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Priority Goal, "Improve air quality by reducing the number of areas not meeting air quality
standards," and the long-term performance goal, "By September 30, 2022, reduce the number of
nonattainment areas to 101." Air quality has improved significantly for communities across the
country since passage of the CAA in 1970 (with amendments in 1977 and 1990). Since 1990, for
example, national average levels have decreased by 21 percent for ozone, 26 percent for particulate
matter, 89 percent for sulfur dioxide, and 97 percent for lead.17 In FY 2021, EPA will continue to
prioritize key activities in support of attainment of the NAAQS and implementation of stationary
source regulations by state, tribal, and local air agencies.
NAAQS Review
In FY 2021, EPA will review the NAAQS in accordance with the CAA, including completing the
ongoing NAAQS reviews for ozone and particulate matter, as well as continuing the review of the
secondary NAAQS for oxides of nitrogen, oxides of sulfur and particulate matter. In addition, EPA
will continue its CAA mandated responsibilities to administer the NAAQS by reviewing state plans
and decisions consistent with statutory obligations; taking federal oversight actions, such as action
on SIP and TIP submittals; and developing regulations and policies to ensure continued health and
welfare protection during the transition between existing and new standards. EPA will work with
air agencies to determine the need for additional federal rulemakings and guidance documents to
support state and tribal efforts to implement CAA SIP requirements, in alignment with capacity and
priorities. EPA will provide technical and policy assistance to states and tribes developing or
revising SIPs/TIPs.
NAAQS Nonattainment Areas
EPA, in close collaboration with states and tribes, will work to reduce the number of areas not in
attainment with the NAAQS. The Agency will look for ways to improve the efficiency and
effectiveness of the SIP process, including its own review process, with a goal of maximizing timely
processing of state-requested SIP actions and reducing the backlog. In FY 2019, EPA acted on over
360 SIPs, 165 of which were backlogged. The Agency will act on designation or re-designation of
nonattainment areas to attainment in a timely manner. EPA will focus on states achieving
attainment, looking at improved processes and flexible implementation options. EPA is improving
transparency and tracking by continuing development of the State Plan Electronic Collaboration
System or SPeCS.
SIPs for Regional Haze
In FY 2021, EPA will review and take appropriate action on SIPs for regional haze to ensure that
states are making reasonable progress towards their visibility improvement goals, consistent with
statutory obligations. In FY 2021, EPA will provide technical assistance to states that are
developing plan revisions. Under the Regional Haze Rule, states are required to submit updates to
their plans to demonstrate how they have and will continue to make progress towards achieving
their visibility improvement goals. The first state plans were due in 2007 and covered the 2008-
2018 first planning period. The second planning period covers 2018-2028.
17For more information, please see Our Nation's Air: Status and Trends Through 2018, found at: fattps://www.
trends/air-quality-national-summary.
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Regulatory Reform and Burden Reduction
The Agency will implement priorities and efficiencies as called for in the January 24, 2017
Presidential Memorandum, Streamlining Permitting and Reducing Regulatory Burden for
Domestic Manufacturing. These efforts are expected to dovetail with previously identified
Executive Orders, including implementation of Executive Order 13771, Reducing Regulation and
Controlling Regulatory Costs and Executive Order 13777, Enforcing the Regulatory Reform
Agenda. EPA will evaluate recommendations, and, where appropriate, repeal, replace, or modify
existing regulations to make them less burdensome and provide greater certainty to regulated
entities.
Fulfilling Legal Obligations
One of EPA's priorities is to fulfill its statutory and court-ordered obligations. Section 112 of
the CAA sets deadlines for EPA to review and update, as necessary, all NESHAP every eight years,
accounting for developments in practices, processes, and technologies related to those standards.
Section 112 also requires that EPA conduct risk assessments within eight years of promulgation
of each MACT-based NESHAP to determine if it appropriately protects public health and to revise
it as needed. In FY 2021, EPA will conduct these periodic "technology reviews" and conduct risk
assessments as required. The Program will prioritize conducting reviews of NESHAP for 14 source
categories for which the statutory deadlines passed and 13 of which are now subj ect to court-ordered
dates. EPA expects to similarly prioritize reviews for the five source categories currently subject
to litigation.
Technical Assistance to External Government Partners
EPA will assist other federal agencies and state and local governments in implementing the
conformity regulations promulgated pursuant to Section 176 of the CAA. These regulations require
federal agencies, taking actions in nonattainment and maintenance areas, to determine that the
emissions caused by their actions will conform to the SIP.
In FY 2021, EPA will provide technical assistance to state, local, and tribal air agencies for both
NSR and Title V (operating) permits. This support will occur at appropriate times and as requested,
consistent with applicable requirements, before and during the permitting process. EPA expects to
implement such support in an efficient manner and consistent with established timeframes for
applicable oversight of state, tribal, and local air agencies during the permitting process. EPA will
continue development of the Electronic Permitting System, which is expected to improve EPA
interaction with state, local, and tribal air agencies and improve data availability and transparency.
EPA will assist state, tribal, and local air agencies with various technical activities. EPA develops
and provides a broad suite of analytical tools, such as source characterization analyses, emission
factors and inventories, statistical analyses, source apportionment techniques, quality assurance
protocols and audits, improved source testing and monitoring techniques, source-specific
dispersion and regional-scale photochemical air quality models, and augmented cost/benefit tools,
to assess control strategies.18 The Agency will maintain the core function of these tools (e.g.,
18 For additional information, please see: https://www.epa.gov/technical-air-pollution-resources
189
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integrated multiple pollutant emissions inventory, air quality modeling platforms, etc.) to provide
the technical underpinnings for scientifically sound, more efficient and comprehensive air quality
management by state, local, and tribal agencies.
In FY 2021, state and local air agencies will have the lead in implementing the National Air Toxics
Trends Sites (NATTS). The NATTS is designed to capture the impacts of widespread air toxics
and is comprised of permanent monitoring sites throughout the nation.19 EPA will consult on
priority data gaps to better assess population exposure to toxic air pollution.
Maintaining Analytical Capabilities and Continuing Data Management
EPA will maintain baseline analytical capabilities required to develop effective regulations
including: analyzing the economic impacts and health benefits of regulations and policies;
developing and refining source sampling measurement techniques to determine emissions from
stationary sources; updating dispersion models for use in source permitting; and conducting air
quality modeling that characterizes the atmospheric processes that disperse a pollutant emitted by
a source. Resources from the Science and Technology appropriation component of this program
support the scientific development of these capabilities.
In FY 2021, EPA will maintain the Air Quality System (AQS), one of the Agency's mission-
essential functions, which houses the nation's air quality data. EPA will provide the core support
needed for the AQS Data Mart, which provides access to the scientific community and others to
obtain air quality data via the internet. The Agency's national real-time ambient air quality data
system (AirNow) will maintain baseline operations. EPA will continue to operate and maintain the
Emissions Inventory System (EIS), a system used to quality assure and store current and historical
emissions inventory data, and to support development of the National Emissions Inventory (NEI).
The NEI is used by EPA, states, and others to support state and local air agency SIP development,
to serve as a vital input to air quality modeling, help to analyze the public health risks from air
toxics and develop strategies to manage those risks, as well as support multi-pollutant analysis
covering air emissions. EPA will continue to implement previously identified Lean strategies to
streamline NEI development and reduce the burden for industry to meet their emissions data
reporting requirements through the Combined Air Emissions Reporting (CAER) e-Enterprise
effort. The CAER project, when fully developed and deployed, will streamline multiple emissions
reporting processes and is expected to reduce the cost to industry and government for providing
and managing environmental data and to improve decision-making capacity through more timely
availability of data.
Performance Measure Targets:
(PM NAl) Number of Nonattainment Areas.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
155
138
132
121
Nonattain-
ment Areas
Actual
190
182
176
166
159
147
19 For additional information, please see: http://www.epa.gov/ttn/amtic/airtoxpg.html.
190
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$9,580.0) This change is an increase due to the recalculation of base payroll costs.
• (-$26,409.0 / -202.1 FTE) This program change is a decrease in EPA's technical assistance
to and support of state, tribal, and local air programs, including those that develop and
implement clean air plans, issue air permits, and provide air quality information to the
public. The Agency will prioritize supporting state and local air agencies in obtaining air
quality improvements necessary to bring areas into attainment.
• (+$336.0 / +2.0 FTE) This increase is a resource shift from the Clean Air Allowance
Trading program to the Federal Support for Air Quality Management program.
Statutory Authority:
Clean Air Act.
191
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Stratospheric Ozone: Domestic Programs
Program Area: Clean Air
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$5,060.4
$4,661.0
$4,087.0
-$574.0
Total Workyears
19.9
18.9
18.0
-0.9
Program Project Description:
The stratospheric ozone layer protects life by shielding the Earth's surface from harmful
ultraviolet (UV) radiation. Scientific evidence demonstrates that ozone-depleting substances
(ODS) used around the world destroy the stratospheric ozone layer,20 which raises the incidence
of skin cancer and other illnesses through overexposure to increased levels of UV radiation.21
EPA estimates that in the U.S. alone, the worldwide phase out of ODS will avert millions of cases
of non-fatal and fatal skin cancers (melanoma and non-melanoma), as well as millions of cataract
cases, which is the leading cause of blindness. Full implementation of the Montreal Protocol on
Substances that Deplete the Ozone Layer (Montreal Protocol) globally, including its amendments
and adjustments, is expected to avoid more than 280 million cases of skin cancer, approximately
1.6 million skin cancer deaths, and more than 45 million cases of cataracts in the U.S. among
individuals born between 1890 and 2100.22
EPA implements provisions of the Clean Air Act Amendments of 1990 (CAA) and the Montreal
Protocol, resulting in the reduction of ODS in the U.S. and lower health risks to the American
public. EPA uses a combination of regulatory and partnership programs to protect and restore the
ozone layer. The CAA provides for a phase-out of production and consumption of ODS and
requires controls on their use, including banning certain emissive uses, requiring labeling to
inform consumer choice, and requiring sound servicing practices for the use of refrigerants
in air conditioning and refrigeration appliances. The CAA also prohibits venting ODS and
20 World Meteorological Organization (WMO). Scientific Assessment of Ozone Depletion: 2014. Global Ozone Research
and Monitoring Project-Report No. 56, Geneva, Switzerland. 2014.
21 Fahey, D.W., and M.I. Hegglin (Coordinating Lead Authors), Twenty questions and answers about the ozone layer: 2014
Update, In Scientific Assessment of Ozone Depletion: 2014, Global Ozone Research and Monitoring Project-Report No. 56,
World Meteorological Organization, Geneva, Switzerland, 2014. Available on the internet at:
https://www.esrl.noaa.gov/csd/assessments/ozone/2014/twentyquestions2014update.pdf.
22 EPA, Updating ozone calculations and emissions profiles for use in the Atmospheric Health Effects Framework Model (2015).
Available on the internet at: https://www.epa.gov/sites/production/files/201.5-1. l/documents/ahef_2015 update jeport-
flnat 508.pdf.
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their substitutes and requires listing of alternatives that reduce overall risks to human health and
the environment, ensuring that businesses and consumers have alternatives that are safer for the
ozone layer than the chemicals they replace.
As a signatory to the Montreal Protocol, the U.S. is committed to ensuring that our domestic
program is at least as stringent as international obligations, and to regulating and enforcing the
terms of the Montreal Protocol respective of domestic authority. With U.S. leadership, in 2007
the Parties to the Montreal Protocol agreed to a more aggressive phase-out for ozone-depleting
hydrochlorofluorocarbons (HCFCs) equaling a 47 percent reduction in overall emissions during
the period 2010-2040. The adjustment in 2007 also calls on Parties to promote the selection of
alternatives to HCFCs that minimize environmental impacts, in particular impacts on climate.23
In 2016, the Parties to the Montreal Protocol agreed to the Kigali Amendment,24 which will
globally phase down production and consumption of hydrofluorocarbons (HFCs). HFCs are
intentionally manufactured fluorinated greenhouse gases used in all the same sectors as ODS such
as air conditioning, refrigeration, fire suppression, solvents, foam blowing agents, and aerosols. In
2018, the Parties to the Montreal Protocol agreed to adjust the HCFC phaseout's servicing
provisions to, among other things, allow for servicing of existing fire suppression equipment until
2030.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Improve Air Quality in the FY 2018
- 2022 EPA Strategic Plan. In carrying out the requirements of the CAA and the Montreal
Protocol in FY 2021, EPA will continue to meet its ODS import caps and work toward the gradual
reduction in production and consumption of ODS. EPA is planning to implement a notice-and-
comment rulemaking finalized in FY 2020 that will allow EPA to issue HCFC allowances and
codify the servicing provision changes under the Montreal Protocol. To meet targets for FY 2021
and beyond, EPA will: issue allocations for HCFC production and import in accordance with the
requirements established under CAA Sections 605 and 606; review petitions to import used ODS
under sections 604 and 605; manage information that industry identifies as Confidential Business
Information under CAA Section 603; and implement regulations concerning the production, import,
and export of ODS and maintenance of the tracking system used to collect the information. EPA
also will prepare and submit an annual report under Article 7 of the Montreal Protocol on U.S.
consumption and production of ODS.25
CAA Section 612 requires continuous review of alternatives for ODS through EPA's Significant
New Alternatives Policy (SNAP) program26 to find those that pose less overall risk to human
health and the environment and to promote a smooth transition to safer alternatives. Through these
evaluations, SNAP generates lists of acceptable and unacceptable substitutes for approximately 50
23 Montreal Protocol Decision X1X/6: Adjustments to the Montreal Protocol with regard to Annex C, Group I,
substances (hydrochlorofluorocarbons).
24Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, Kigali 15 October 2016, found at:
https://treaties.mi.org/doc/Publicatioii/CN/2016/CN.872.201.6-Eiig.pdf.
25 The Article 7 report prepared by EPA on behalf of the United States contains chemical-specific production, import and export
data that is not available publicly. To protect potential confidential information the report is not available on the internet;
however, the data included in the report is aggregated and available at: https://ozone.unep.org/countries/profile/usa
26 For more information, please see: http://www.epa.gov/ozone/snap/index.html.
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end uses across eight industrial sectors. In Mexichem Fluor v. EPA, the court partially vacated a
2015 rule "to the extent it requires manufacturers to replace HFCs with a substitute substance" and
remanded the rule to EPA for further proceedings. A second court decision applies to a 2016 rule
similarly. EPA expects to finalize a notice-and-comment rulemaking in FY 2020 that would
address the court's decisions, including potentially making changes to the SNAP Program's scope
and applicability. In addition, EPA will consider a number of submissions and petitions that would
expand the list of acceptable alternatives, particularly for end-uses where there is an urgent need
for more options. The schedule for other approvals will be adjusted through FY 2021. Certain
approvals adjusted for FY 2020 will be taken up with other pending approvals in FY 2021, to the
extent practicable, as EPA seeks to minimize the risk to the investment made by companies in
research, and development, and testing phases given that SNAP listings are critical to the
commercialization of many substitutes and alternative technologies in key sectors of use. Final
agency action can include notices of acceptability listings as well as notice-and-comment
rulemaking. EPA also will continue to work towards ensuring the uptake of safer alternatives and
technologies, while supporting innovation, and ensuring adoption through support for changes to
industry codes and standards.
In FY 2021, EPA is planning to implement a revised CAA Section 608 rule that the Agency intends
to finalize in FY 2020. That rule revisits certain aspects of the extension of the Section 608
refrigerant management program to substitute refrigerants. At the same time, EPA will continue
efforts under CAA Section 608 to reduce emissions of refrigerants during the service, maintenance,
repair and disposal of air conditioning and refrigeration equipment. EPA will continue to educate
stakeholders about the rules concerning servicing, maintenance, repair and disposal of air
conditioning and refrigeration appliances. EPA will monitor industry standards and may adopt the
standards into its regulations through incorporation by reference, as appropriate.
EPA will continue to support the CAA Section 609 motor vehicle air conditioning (MVAC)
servicing program to reduce emissions of refrigerants from MVAC systems. Where industry
consensus standards are available that EPA considers to be sufficient for protection of human
health and the environment, EPA may adopt the standards into its regulations through
incorporation by reference. EPA is aware of such standards developed by the Society of
Automotive Engineers (SAE) for recovery equipment for new alternatives. EPA intends to issue a
proposed rule in FY 2020 to incorporate by reference these industry, consensus-based standards
for MVAC systems that use refrigerants currently listed as acceptable, subject to use conditions.
EPA intends to finalize this rule in FY 2021.
In FY 2021, EPA will continue to support implementation of the Montreal Protocol domestically
by ensuring U.S. interests are represented at Montreal Protocol meetings by providing technical
expertise. The Agency will provide technical expertise for the Montreal Protocol's Technology
and Economic Assessment Panel and its Technical Options Committees.
With the decline in allowable ODS production, a significant stock of equipment that continues to
use ODS will need access to recovered and recycled/reclaimed ODS to allow for proper servicing.
EPA reviews available market and reported data to monitor availability of recycled and reclaimed
ODS, where production and import of new material is phased out. EPA also will implement other
provisions of the Montreal Protocol, including exemption programs to allow for a continued
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smooth phase out of ODS, in particular HCFCs and halons.
Additionally, EPA will continue to work with federal and international agencies to stem illegal
imports of ODS to support a level playing field for companies that have transitioned to non-ODS
alternatives. This is particularly important in light of recent atmospheric measurements showing
unexpected increased emissions of CFC-11, an ODS phased out of production globally.27'28 EPA
will continue data exchange with U.S. Customs and Border Protection and Homeland Security
Investigations on ODS importers and exporters to determine admissibility and target illegal
ODS shipments entering the United States, as well as reviewing and approving ODS imports
flagged in the Automated Customs Environment.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$53.0) This change is an increase due to the recalculation of base payroll costs.
• (-$627.0 / -0.9 FTE) This program change is a decrease to program resources and FTE
related to activities for development of outreach and compliance assistance materials.
Statutory Authority:
Title VI of the Clean Air Act.
27 See, Montzka etal. An unexpected and persistent increase in global emissions of ozone-depleting CFC-11, Nature, volume
557, pages 413-417, 2018. Available on the internet at: https://www.nature.com/articles/s41.586-01.8-01.06-2.
28 See, Rigby et al. Increase in CFC-11 emissions from eastern China based on atmospheric observations, Nature, volume 569,
pages 546-550, 2019. Available on the internet at: https://www.nature.com/articles/s41.586-01.9-1.1.93-4.
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Stratospheric Ozone: Multilateral Fund
Program Area: Clean Air
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$8,326.0
$8,711.0
$0.0
-$8,711.0
Program Project Description:
The Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) facilitates
a global phaseout of ozone-depleting substances (ODS). The United States implements its treaty
obligations primarily through Title VI of the Clean Air Act.
The Multilateral Fund for the Implementation of the Montreal Protocol (Multilateral Fund) was
created by the Parties to the Montreal Protocol to provide funds to enable developing countries to
comply with their Montreal Protocol obligations to phase out the use of ODS on an agreed
schedule. The United States and other developed countries contribute to the Multilateral Fund. The
U.S. contribution to the Multilateral Fund is split between EPA and the Department of State.
FY 2021 Activities and Performance Plan:
Resources are proposed for elimination for this program in FY 2021. EPA will continue domestic
ODS reduction work.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$8,711.0) This funding change proposes to eliminate resources to support EPA
participation in the Multilateral Fund.
Statutory Authority:
Title VI of the Clean Air Act.
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Brownfields
197
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Brownfields
Program Area: Brownfields
Goal: A Cleaner, Healthier Environment
Objective(s): Revitalize Land and Prevent Contamination
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Total Budget Authority
$22,939.3
$23,647.0
$17,816.0
-$5,831.0
Total Workyears
117.0
127.5
92.6
-34.9
Program Project Description:
Brownfields sites are real property, the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a hazardous substance, pollutant, or
contaminant. Brownfields can be found in the heart of America's main streets and former
economic centers. The Brownfields Program supports efforts to revitalize these sites by awarding
grants and providing technical assistance to states, tribes, local communities, and other
stakeholders to work together to plan, inventory, assess, safely cleanup, and reuse brownfields.
Approximately 129 million people (roughly 40 percent of the U.S. population) live within three
miles of a brownfields site that receives EPA funding.29 As of January 2020, grants awarded by
the Program have led to over 88,900 acres of idle land made ready for productive use and over
156,500 jobs and $29.5 billion leveraged.30
This Program supports the operating expenses for the Brownfields Program. Operating activities
include: 1) conducting the annual, high volume cooperative agreement competitions; 2) awarding
new cooperative agreements; 3) managing the ongoing cooperative agreement workload; 4)
providing technical assistance and ongoing support to grantees; 5) providing contractor supported
technical assistance to non-grantee communities with Brownfields; 6) collaborating with other
agency programs; 7) operating the Assessment Cleanup and Redevelopment Exchanges System
(ACRES) online grantee reporting tool; 8) assisting communities to explore land reuse
opportunities under the Land Revitalization Program; and 9) developing guidance and tools that
clarify potential environmental cleanup liabilities.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Revitalize Land and Prevent
Contamination, in the 2018 - 2022 EPA Strategic Plan. In FY 2021, the Brownfields Program will
continue to manage approximately 900 assessment, cleanup, revolving loan fund (RLF), multi-
purpose, and Environmental Workforce Development and Job Training (EWDJT) cooperative
29 U.S. EPA, Office of Land and Emergency Management Estimate 2017. Data collected includes: (1) site information as of the
endof2016; and (2) census data from the 2011-2015 American Community Survey.
30 EPA's ACRES database.
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agreements; as well as state and tribal assistance agreements; training, research, and technical
assistance agreements; Targeted Brownfields Assessments and land revitalization projects.
In FY 2021, the Brownfields Program will support the following activities:
• Compete and Award New Cooperative Agreements: Review, select, and award an
estimated 360 new cooperative agreements which will lead to approximately $1.2 billion
and 7,100 jobs leveraged in future years.
• Oversight and Management of Existing Cooperative Agreements: Continue federal
fiduciary responsibility to manage approximately 900 existing brownfields cooperative
agreements in a reduced capacity, while ensuring the terms and conditions of the
agreements are met and provide limited technical assistance. The Program also will provide
targeted environmental oversight support to grantees (e.g., site eligibility determinations,
review of environmental site assessment and cleanup reports).
• Technical Assistance: Provide technical assistance to states, tribes, and local communities
in the form of research, training, analysis, and support for community led planning
workshops. This can lead to cost effective implementation of brownfields redevelopment
projects by providing communities with the knowledge necessary to understand market
conditions, economic development and other community revitalization strategies, and how
cleanup and reuse can be catalyzed by small businesses.
• Collaboration: The Program will work collaboratively with our partners at the state, tribal,
and local level on innovative approaches to help achieve land reuse. It also will continue
to develop guidance and tools that clarify potential environmental cleanup liabilities,
thereby providing greater certainty for parties seeking to reuse these properties. The
Program also can provide direct support to facilitate transactions for parties seeking to
reuse contaminated properties.
• Accomplishment Tracking: Support the maintenance of the ACRES online grantee
reporting tool. This enables grantees to track accomplishments and report on the number
of sites assessed and cleaned up, and the amount of dollars and jobs leveraged with
brownfields grants.
• Land Revitalization Program Support: Provide support for approximately two
communities as part of EPA's Land Revitalization Program. The Land Revitalization
Program supports communities in their efforts to restore contaminated lands into
sustainable community assets.
Performance Measure Targets:
Work under this program supports performance results in the Brownfields Projects Program under
the STAG appropriation.
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$1,856.0) This change is an increase due to the recalculation of base payroll costs.
• (-$7,687.0 / -34.9 FTE) This net program change reduces funding for managing and closing
out assistance agreements, data collection analysis, and system enhancements.
Statutory Authority:
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), §§
101(39), 104(k), 128(a); Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, § 8001.
200
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Compliance
201
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Compliance Monitoring
Program Area: Compliance
Goal: More Effective Partnerships
Objective(s): Enhance Shared Accountability
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Inland Oil Spill Programs
$82.8
$139.0
$0.0
-$139.0
Hazardous Substance Superfiind
$1,313.8
$995.0
$1,004.0
$9.0
Total Budget Authority
$101,529.4
$102,799.0
$96,653.0
-$6,146.0
Total Workyears
447.1
453.9
427.7
-26.2
Program Project Description:
The Compliance Monitoring Program is a key component of EPA's Compliance Assurance
Program that allows the controlling regulatory authority to detect noncompliance. The Compliance
Monitoring Program also promotes compliance with the Nation's environmental laws. Effective
targeting of compliance monitoring plays a critical role in achieving the goals EPA has set forth
for protecting health and the environment. The states and EPA use compliance monitoring tools
and activities to identify whether regulated entities are complying with environmental laws enacted
by Congress, as well as applicable regulations and permit conditions. In addition, compliance
monitoring activities, such as inspections, investigations, and review of self-reported compliance
monitoring information, are conducted to determine whether conditions exist that may present
imminent and substantial endangerment to human health and the environment. In FY 2019, EPA
exceeded its compliance monitoring target of 10,000 by conducting 10,300 compliance monitoring
activities. This total includes on-site inspections and some off-site compliance monitoring
activities.
In July 2019, EPA's Enforcement and Compliance Assurance Program issued a policy titled
"Enhancing Effective Partnerships Between the EPA and the States in Civil Enforcement and
Compliance Assurance Work" to create more effective partnerships with states, localities, and
federally-recognized Indian tribes.31 The Compliance Monitoring Program supports enhanced
partnerships and the expanded use of compliance assurance tools (such as compliance assistance)
among state, tribal, local, and federal partners. States, tribes, and EPA have policies/procedures on
the appropriate use of the tools in our compliance assurance tool box, with states undertaking the
majority of enforcement and compliance activities in authorized programs. EPA is working to
implement the Program in the most efficient manner possible by leveraging information
technology systems and improving business processes. Tools in the Compliance Monitoring
Program include:
31 For more information, please see EPA policy: Enhancing Effective Partnerships Between the EPA and the States in Civil
Enforcement and Compliance Assurance Work. (July 11,2019).
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• Compliance Assistance: EPA collaborates with state, local, federal, tribal, and industry
partners through the E-Enterprise initiative which allows the states, the regulated
community, and EPA to transact business such as permitting and reporting. EPA also will
continue its compliance assistance work by continuing to partner with third-party
organizations and federal agencies to support existing web-based, sector-specific centers
and other web-based assistance resources.
• Full Electronic Reporting with Compliance Assistance: EPA has a national enforcement
and compliance data system, the Integrated Compliance Information System (ICIS), which
supports both the compliance monitoring and civil enforcement programs. ICIS collects
enforcement and compliance data, and EPA utilizes those data and other information
technology tools to: identify potential violations of the federal environmental laws;
facilitate efficient enforcement; and promote compliance with these requirements. EPA
also makes ICIS data available to the public via the internet-accessible Enforcement and
Compliance History Online (ECHO) system. Using ICIS and ECHO to electronically track
its civil enforcement work allows EPA to better ensure that its enforcement resources are
used to facilitate transparency and address the most significant noncompliance problems.
Currently, EPA and states are implementing the National Pollution Discharge Elimination
System (NPDES) Electronic Reporting Rule through ICIS.32 Phase one of the rule was
implemented in FY 2017 for NPDES Discharge Monitoring Reports (DMRs), including
compliance assistance features such as electronic reminders to state and federal permittees
that may have missed their compliance monitoring report deadlines. More than 20 states
currently use EPA's electronic reporting tools for DMR reporting and reporting of other
required information such as General Permit Notices of Intent.
• Smart Tools for Field Inspectors: EPA has developed software solutions to improve the
effectiveness and efficiency of how EPA and authorized states conduct compliance
inspections, starting with the Resource Conservation and Recovery Act (RCRA)
Hazardous Waste Program. This will be followed by Smart Tools for the NPDES Program
and the Clean Air Act.
• Circuit Riders: EPA is increasing resources for circuit riders to provide effective on-the-
ground assistance to help public water systems and wastewater systems achieve and sustain
environmental compliance. This program would include assistance in Indian Country
where systems and facilities are disproportionately small and isolated. Circuit riders will
provide in-the-field technical assistance to drinking water and wastewater systems that
have been consistently out of compliance. In addition to supporting drinking water and
wastewater needs, tribes will be offered additional multimedia assistance with respect to
underground injection wells, underground storage tanks, and other programs as
appropriate.
• Compliance Monitoring Inspector Credential Policies and Training for EPA and
States and Tribes: To ensure the quality of compliance monitoring activities, EPA
32 For more information, please see: https://www.epa.gov/compliance/npdes-ereporting.
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develops national policies, updates inspection manuals, establishes training requirements
for inspectors, and issues inspector credentials. As a result of EPA audits,
recommendations and findings of the inspector credential possession and training
documentation, in FY 2020, EPA is implementing a new streamlined inspector
credentialing process to ensure greater integrity in the inspector credentialing process and
make the operation more efficient. The findings and recommendations from those audits
are being used to improve the documentation supporting EPA inspector credentials. For
example, EPA estimates that shifting from the current paper process to an electronic one
will decrease the total time it takes to provide credentials to an inspector by approximately
80 percent.33
In addition, EPA delivers critical in-person and online training courses to new and experienced
federal, state, tribal and local inspectors to ensure the integrity of the national Compliance
Monitoring Program, as well as other training for federal and state personnel on critical and
emerging compliance issues. EPA hosts several in-person inspector training programs, such as the
annual Clean Water Act NPDES Technical Inspector Workshop and the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) Pesticide Inspector Residential Training Program. These
on-site inspector training programs deliver in-depth technical and programmatic content to
hundreds of inspectors nationwide. EPA's National Enforcement Training Institute (NETI)
provides over one hundred on-line training courses for EPA and state, local, and tribal co-
regulators and enforcement partners. NETI provides webinars, and other relevant training for case
development officers, attorneys, and investigators. NETI also oversees the annual Trial Advocacy
workshop for new EPA attorneys.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 2/Objective 2.1, Enhance Shared Accountability in
the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, EPA will continue to streamline its
compliance monitoring activities such as field inspections, data tools, and assistance. EPA will
focus principally on 1) those programs that are not delegated to states ("direct implementation"),
and 2) where EPA's expertise or unique role is best suited to address the issue. This includes, but
is not limited to, multi-state/multi-regional matters, issues of national significance, and emergency
situations. In addition, EPA will provide some targeted oversight and support to state, local, and
tribal programs. To accomplish this, the Agency will prioritize work with states to develop methods
that successfully leverage advances in both monitoring and information technology. Also, the
Agency will maintain accessibility to ICIS for EPA, states, and tribes.
In addition, the Agency will continue to implement Phase two of the NPDES Electronic Reporting
Rule which covers the e-reporting rule permitting and compliance monitoring requirements for
EPA and states. EPA will work with states to evaluate and prioritize the development of additional
electronic reporting tools that support states. EPA's centralized development of electronic
reporting tools saves the states significant resources in information technology development costs.
33 Based on a technical evaluation from the kaizen event: Leaning the Civil Inspector Credentialing Process, July 17-19,2018. The
current practice takes approximately 127 days. The new process is estimated to take 25 days.
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In FY 2021, EPA will continue its support for the Circuit Riders Program to provide effective on-
the-ground assistance to help public water systems and wastewater systems achieve and sustain
environmental compliance. This includes assistance in Indian Country where systems and facilities
are disproportionately small and isolated. The Program supports circuit riders to provide in-the-
field technical assistance to drinking water and wastewater systems that have been consistently out
of compliance. In addition to supporting drinking water and wastewater needs, tribes will be
offered technical assistance with respect to underground injection wells, underground storage
tanks, and other programs as appropriate.
EPA engaged with states, tribes, and local governments to gather input on the selection of
enforcement and compliance assurance priorities and in June 2019 announced its FY 2020 - FY
2023 National Compliance Initiatives (NCIs).34 EPA will focus its resources on these NCIs to
advance the Agency's strategic objectives to improve air quality, provide for clean and safe water,
ensure chemical safety, continue compliance with the law, and enhance shared accountability.
Performance Measure Targets:
(PM 409) Number of federal on-site compliance monitoring inspections and evaluations and off-site
compliance monitoring activities.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
17,000
15,500
15,500
14,000
10,000
10,000
10,000
10,000
Inspections &
Evaluations
Actual
16,000
15,400
13,500
11,800
10,600
10,300
Work under this program supports performance results in the Civil Enforcement Program under
the EPM appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$4,827.0) This change is an increase due to the recalculation of base payroll costs.
• (-$14,716.0 / -25.4 FTE) This net program change recognizes that states conduct the
majority of inspections, an EPA focus on direct implementation programs, and an increased
reliance on technology rather than on-site inspections to monitor compliance.
• (+$1,100.0) This increase supports on-the-ground technical assistance using circuit riders.
Efforts are targeted to provide compliance assistance at drinking and wastewater systems
across the nation and multi-media assistance in Indian Country.
• (+$2,773.0) This net change to fixed and other costs is an increase due to the recalculation
of rent, utilities, and security or lab fixed costs.
34 For more information please see FY2020 - FY2023 National Compliance Initiatives', https://www.epa.gov/enforcement/fy2020-
fy2023-national-compliance-initiatives.
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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 statute); Act to Prevent Pollution from Ships (MARPOL
Annex VI); Asbestos Hazard Emergency Response Act; Clean Air Act; Clean Water Act;
Emergency Planning and Community Right-to-Know Act; Federal Insecticide, Fungicide, and
Rodenticide Act; Marine Protection, Research, and Sanctuaries Act; Mercury-Containing and
Rechargeable Battery Management Act; Noise Control Act; Oil Pollution Act; Resource
Conservation and Recovery Act; Rivers and Harbors Act; Safe Drinking Water Act; Small
Business Regulatory Enforcement Fairness Act; Toxic Substances Control Act.
206
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Enforcement
207
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Civil Enforcement
Program Area: Enforcement
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Compliance with the Law
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S 1 (>0.202.2
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Leaking Underground Storage Tanks
$678.1
$620.0
$541.0
-$79.0
Inland Oil Spill Programs
$2,393.3
$2,413.0
$2,462.0
$49.0
Total Budget Authority
$163,273.6
$170,648.0
$160,823.0
-$9,825.0
Total Workyears
908.3
916.2
857.1
-59.1
Program Project Description:
The overall goal of EPA's Civil Enforcement Program is to maximize compliance with the
Nation's environmental laws and regulations to protect human health and the environment. EPA
will seek to strengthen environmental partnerships with its state and tribal partners, encourage
regulated entities to correct violations rapidly, ensure that violators do not realize an economic
benefit from noncompliance, and pursue enforcement to deter future violations.
The Agency works closely with the U.S. Department of Justice, states, tribal governments,
territories, and local agencies to ensure consistent and fair enforcement of all major environmental
statutes, distinct programs under those statutes, and numerous regulatory requirements under those
programs, which apply in various combinations to millions of regulated federal and private entities.
The Civil Enforcement Program develops, litigates, and settles administrative and civil judicial
cases against serious violators of environmental laws. In FY 2019, EPA reduced the number of all
referred no complaint filed (RNCF) civil judicial cases that are more than 2.5 years old to 94,
below the target of 129. In addition, EPA also increased the percentage of inspection reports that
EPA provides to facilities within 70 days of inspection to 81 percent (from a baseline of 46
percent). EPA also increased documentable EPA administrative enforcement actions/activities,
producing correction of violations from 74 to 184. These activities serve to increase the speed of
correcting violations. In FY 2019, because of EPA enforcement actions, approximately 350 million
pounds of pollutants and waste were reduced, treated, or eliminated.
EPA has a national enforcement and compliance data system, the Integrated Compliance
Information System (ICIS), which supports both the Compliance Monitoring and Civil
Enforcement programs. ICIS collects enforcement and compliance data, and EPA utilizes the data
and other information technology tools to identify potential violations of federal environmental
laws, facilitating efficient enforcement and promoting compliance with these requirements. In
addition, EPA also makes ICIS data available to the public via the internet-accessible Enforcement
and Compliance History Online (ECHO) system. Using ICIS and ECHO to electronically track its
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civil enforcement work allows EPA to ensure its enforcement resources will address the most
significant noncompliance and facilitate transparency.
EPA also maintains a National Enforcement Training Institute (NETI) that is responsible for
training federal, state, and local inspectors, civil and criminal investigators, and technical experts
in the enforcement of the Nation's environmental laws. NETI provides webinars, in-person
training, and e-learning opportunities for trainees. NETI also oversees the Annual Trial Advocacy
Institute, which provides comprehensive trial advocacy training for new EPA attorneys.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.1, Compliance with the Law in the
FY 2018 - 2022 EPA Strategic Plan. Work in this program supports the long-term performance
goal: By September 30, 2022, increase the environmental law compliance rate.
In FY 2021, EPA will continue to focus efforts toward areas where, in support of the goals of the
FY 2018 - 2022 EPA Strategic Plan, EPA's enforcement actions can address the most substantial
impacts to human health and the environment. This work supports the Agency's long-term
performance goals to reduce the average time from violation identification to correction and, to
increase the environmental law compliance rate, both by September 30, 2022. EPA engaged with
states, tribes, and local governments to gather their input on the selection of enforcement and
compliance assurance priorities and in June 2019 announced its FY 2020 - FY 2023 National
Compliance Initiatives (NCIs).35 EPA will focus its resources on these NCIs to advance the FY
2018 - 2022 EPA Strategic Plan objectives to improve air quality, provide for clean and safe water,
ensure chemical safety, and improve compliance with our nation's environmental laws while
enhancing shared accountability between EPA and states and tribes with authorized environmental
programs.
Recognizing the role of states and tribes as the primary implementers where authorized by EPA to
implement the federal statutes, EPA will focus civil enforcement resources on direct
implementation responsibilities, as well as assisting authorized states and tribes in meeting national
standards, such as by providing expertise and implementing compliance monitoring and civil
enforcement strategies that will ensure a level playing field. EPA is responsible for direct
implementation of programs that are not delegable or where a state or tribe has not sought or
obtained the authority to implement a particular program (or program component). Examples
include the Clean Air Act (CAA) mobile source program, pesticide labeling and registration under
the Federal Insecticide, Fungicide, and Rodenticide Act, enforcement in Indian Country, and
enforcement of non-delegated portions of various other laws, including the Resource Conservation
and Recovery Act (RCRA), the Clean Water Act, the Safe Drinking Water Act, and the CAA. On
July 11, 2019, EPA issued a memorandum on enhancing effective partnerships with states that are
authorized to implement federal environmental laws, to effectively carry out our shared
responsibilities under those laws.36
35 For more information, please see: https://www.epa.gov/enforcement/fv2020-fv2023-national-compliance-iiiitiatives.
36 For more information, please see: Enhancing Effective Partnerships Between the EPA and the States in Civil Enforcement and
Compliance Assurance Work (July 11,2019).
209
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In addition, EPA ensures cleanup (corrective action) at RCRA facilities. For example, closely
coordinating with states, EPA can issue cleanup orders to RCRA facilities to help meet the RCRA
Corrective Action Program's goals. EPA also will pursue enforcement actions at federal facilities
where significant violations are discovered and ensure that federal facilities are held to the same
standards as the private sector and will provide technical and scientific support to states and tribes
with authorized programs. The Agency also will carry out its statutory oversight responsibilities
and will offer assistance to states in their implementation of delegated programs when needed or
in cases where the Agency maintains a unique expertise or capability.
In FY 2021, under one of the six NCIs, EPA will continue to track the rate of significant non-
compliance (SNC) with National Pollutant Discharge Elimination System (NPDES) program
requirements quarterly to assess progress with EPA's goal of reducing the SNC rate. Continuing
efforts initiated in FY 2018, EPA will implement identified approaches in focus areas to achieve
SNC rate reductions with the goal of reducing the rate by 50 percent by the end of FY 2022. In FY
2019, EPA reduced the percentage of permittees in significant noncompliance with their permit
from 29.4 percent to 25 percent. To achieve this goal, the Agency established an EPA-state
workgroup to develop and implement approaches for reducing the SNC rate in areas where EPA
and/or authorized states can have a significant impact. The Agency will continue efforts to reduce
the NPDES SNC rate by a full 50 percent as an EPA FY 2020 - 2023 National Compliance
Initiative. EPA also will continue to review the rate of electronic reporting for each authorized
NPDES state program and work with states to achieve improved reporting.
Performance Measure Targets:
(PM 432) Percentage of Clean Water Act National Pollutant Discharge Elimination System (NPDES)
permittees in significant noncompliance with their permit limits.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
24
25.7
22.1
18.4
Percent
Actual
22
25.0
Numerator
12,017
10,141
Permittees
Denominator
53,545
40,606
(PM 434) Millions of pounds of pollutants and waste reduced, treated, or eliminated through concluded
enforcement actions.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
325
325
325
325
Millions of
Pounds
Actual
1,221
1,030
62,223
461
810
347
(PM 436) Number of all referred no complaint filed (RNCF) civil judicial cases that are more than 2.5 years
old.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
129
120
120
Cases
Actual
94
210
-------
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$9,541.0) This change is an increase due to the recalculation of base payroll costs.
• (-$24,563.0 / -58.8 FTE) This net program change recognizes that states are primary
implementers of our nation's environmental laws. EPA will focus on matters affecting
multiple states or tribes, serve as a backstop in instances when a state or tribe does not
timely or appropriately address serious noncompliance, and assist a state or tribe in
remedying noncompliance problems when it is unable to address the problem because it
lacks the capability, resources, or will. This change includes a reduction in resources for
cases that do not meet these criteria.
• (+$5,227.0) This net change to fixed and other costs is an increase due to the recalculation
of rent, utilities, and security or lab fixed costs.
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 statute); Act to Prevent Pollution from Ships (MARPOL
Annex VI); Asbestos Hazard Emergency Response Act; Clean Air Act; Clean Water Act;
Emergency Planning and Community Right-to-Know Act; Federal Insecticide, Fungicide, and
Rodenticide Act; Marine Protection, Research, and Sanctuaries Act; Mercury-Containing and
Rechargeable Battery Management Act; Noise Control Act; Oil Pollution Act; Resource
Conservation and Recovery Act; Safe Drinking Water Act; Small Business Regulatory
Enforcement Fairness Act; and Toxic Substances Control Act.
211
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Criminal Enforcement
Program Area: Enforcement
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Compliance with the Law
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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$7,492.9
$7,645.0
$8,479.0
$834.0
Total Budget Authority
$53,834.9
$55,280.0
$55,106.0
-$174.0
Total Workyears
234.6
256.7
220.6
-36.1
Program Project Description:
EPA's Criminal Enforcement Program enforces the Nation's environmental laws through targeted
investigation of criminal conduct, committed by individual and corporate defendants, that
threatens public health and the environment. EPA's criminal enforcement agents (Special Agents)
investigate violations of environmental statutes and associated violations of Title 18 of the United
States Code such as fraud, conspiracy, false statements, and obstruction of justice.
The agents are assisted in the Criminal Enforcement Program by forensic scientists, attorneys,
technicians, engineers, and other experts. EPA's criminal enforcement attorneys provide legal and
policy support for all the Program's responsibilities, including forensics and expert witness
preparation, to ensure that program activities are carried out in accordance with legal requirements
and the policies of the Agency. These efforts support environmental crime prosecutions primarily
by the United States Attorneys and the Department of Justice's Environmental Crimes Section. In
FY 2019, the conviction rate for criminal defendants charged as a result of EPA criminal
enforcement investigations was 98 percent.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.1, Compliance with the Law in the
FY 2018 - 2022 EPA Strategic Plan. In FY 2021, EPA will continue to focus its resources on the
most egregious cases (e.g., significant human health, environmental, and deterrent impacts), while
balancing its overall case load across all environmental statutes. The Criminal Enforcement
Program will increase its collaboration and coordination with the Civil Enforcement Program to
ensure that EPA's Enforcement Program identifies the most egregious cases and responds to them
as effectively as possible. The Agency will perform targeted investigations of violations of
environmental statutes and associated violations of Title 18 of the United States Code to protect
public health and the environment.
212
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Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$5,745.0) This change is an increase due to the recalculation of base payroll costs.
• (-$8,262.0 / -36.1 FTE) This net program change reflects a focus on the most egregious
cases and increased coordination with the Civil Enforcement program, and a reduction in
resources for small cases that have limited deterrence value.
• (+$1,509.0) This net change to fixed and other costs is an increase due to the recalculation
of rent, utilities, and security or lab fixed costs.
Statutory Authority:
Title 18 of the U.S.C.; 18 U.S.C. § 3063; 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);
Resource Conservation and Recovery Act; Clean Water Act; Safe Drinking Water Act; Clean Air
Act; Toxic Substances Control Act; Emergency Planning and Community Right-To-Know Act;
Federal Insecticide, Fungicide, and Rodenticide Act; Ocean Dumping Act; Rivers and Harbors
Act; Pollution Prosecution Act of 1990.
213
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Environmental Justice
Program Area: Enforcement
Goal: More Effective Partnerships
Objective(s): Increase Transparency and Public Participation
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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-Sfi.XJxO
Hazardous Substance Superfond
$662.2
$633.0
$0.0
-$633.0
Total Budget Authority
$5,695.7
$10,187.0
$2,729.0
-$7,458.0
Total Workyears
29.1
34.9
4.0
-30.9
Program Project Description:
EPA's Office of Environmental Justice (OEJ) coordinates the Agency's efforts to address the
needs of vulnerable populations by decreasing environmental burdens, increasing environmental
benefits, and working collaboratively to build healthy, sustainable communities. OEJ provides
financial and technical assistance to communities working constructively and collaboratively to
address environmental justice issues. OEJ also works with local, state, and federal governments;
tribal governments; community organizations; business and industry; and academia to establish
partnerships seeking to achieve protection from environmental and health hazards for all people
regardless of race, color, national origin, or income. In FY 2019, EPA implemented a series of
training webinars focused on integrating environmental justice at the state level. Over 4,000
individuals registered for this webinar series with representatives from all fifty states, Washington
DC and Puerto Rico and included state environmental, public health, planning and transportation
agencies. EPA's FY 2019 Environmental Justice (EJ) grants program focused on disaster
preparedness, response, and recovery; issues related to homelessness and military veterans; and
organizations which have not recently received an EJ grant. EPA's FY 2020 EJ grants program
will again fund our Collaborative Problem Solving Cooperative Agreements, which provide a
larger level of support over a longer time period for projects which have attracted dedicated
partnership involvement.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 2/Objective 2.2, Increase Transparency and Public
Participation in the FY 2018 - 2022 EPA Strategic Plan. In accordance with the 2018 American
Water Infrastructure Act, every EPA regional office employs a dedicated EJ coordinator and the
Agency maintains a list of these persons on EPA's website.37
In FY 2021, EPA will: continue to support the Environmental Justice Collaborative Problem-
Solving cooperative agreements awarded in FY 2020 to support community-based organizations;
37 For more information on EPA's regional office contacts, please see: https://www.epa.gov/environmentaljustice/forms/contact-
us-about-environmental-justice.
214
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compete the Environmental Justice Small Grants awards; and continue to provide Environmental
Justice Technical Assistance for Communities to support the technical needs of low income,
minority and tribal/indigenous populations. The Agency has five measures of national EJ
significance that are annually tracked. Results are published in EPA's annual EJ reports.38
In FY 2021, EPA will continue to support the efforts of the National Environmental Justice
Advisory Council, including completion of its recommendations focused on efficiently and
effectively remediating Superfund sites for future redevelopment and revitalization of neighboring
communities with environmental justice concerns. EPA also will continue to lead the Interagency
Working Group on Environmental Justice (EJ IWG) and work collaboratively on all decisions and
activities of the EJ IWG.
In FY 2021, EPA will continue to employ process improvements. In FY 2019, process
improvements led to an immediate improvement in the EJ Hotline's ability to respond within its
established goal of 20 days after receiving a customer inquiry, improving the response rate from
62 percent of the time to 95 percent. EPA has subsequently revised its goal of responding within
20 days from 85 percent to 93 percent of the time. In FY 2019, EPA performed 134 trainings that
reached over 1,400 participants representing at least 290 distinct stakeholder groups. The Agency
additionally held over 400 other engagements such as consultations or educational events which
reached at least 3,700 individuals representing over 1,000 stakeholder groups. In FY 2021, EPA
will continue to use process improvements to strategically enhance and improve EPA's EJ
Program.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$120.0) This change is an increase due to the recalculation of base payroll costs.
• (-$6,945.0 / -27.4 FTE) This program change reflects a focus on providing financial
assistance grants to community-based organizations and technical assistance to low
income, minority, and tribal/indigenous populations. This change proposes to eliminate
support for the EJ hotline, engagements with vulnerable and overburdened communities,
and EJ trainings.
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 statute).
38 For more information, please see: https://www.epa.gov/enviroimentaliustice/annual-environmeatal-iusti'
215
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NEPA Implementation
Program Area: Enforcement
Goal: More Effective Partnerships
Objective(s): Enhance Shared Accountability
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul I'roffrum.s A- Muiui'^cmcnl
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SI 5. SSS.il
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N 2JII-I.il
Total Budget Authority
$13,827.4
$15,833.0
$17,937.0
$2,104.0
Total Workyears
84.1
88.9
95.5
6.6
Program Project Description:
Pursuant to the National Environmental Policy Act (NEPA) and §309 of the Clean Air Act (CAA),
EPA's NEPA Implementation Program coordinates and comments on the environmental review
of major federal actions and ensures the §309 draft and final EIS comment letters are made publicly
available. The Program guides EPA's compliance with NEPA, and other related statutes and
executive orders. The Program manages the official Environmental Impact Statement (EIS) filing
system for all federal EISs, in accordance with a Memorandum of Understanding (MOU) with the
Council on Environmental Quality (CEQ).39 EPA uses e-NEPA, a web-based system, as the
official EIS filing system for federal agencies and EIS clearinghouse to meet the CEQ MOU
commitments. All §309 comment letters are publicly available on e-NEPA. The NEPA
Implementation Program also operates, uses, and promotes NEPAssist, a publicly available
geographic information system to help users (EPA, other federal agencies, and the public) with
environmental reviews under NEPA. The Program also is responsible for managing the review of
Environmental Impact Assessments of non-governmental activities in Antarctica, in accordance
with the Antarctic Science, Tourism, and Conservation Act.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 2/Objective 2.1, Enhance Shared Accountability in
the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, EPA will focus its reviews on areas where
EPA has statutory authority and subject matter expertise. EPA will continue to work with the
Office of Management and Budget, CEQ, and other federal agencies to evaluate ways to
coordinate, streamline, and improve the NEPA process. In FY 2019, the NEPA Implementation
Program reviewed and commented on 286 EISs, numerous environmental assessments, and 25
initial environmental evaluations in Antarctica. EPA was engaged early with the lead federal
agency on 84 percent of projects where a draft EIS was published.
39 Memorandum of Agreement No. 1 Between the Council on Environmental Quality and the Environmental Protection Agency,
October 1977.
216
-------
In support of EPA efforts to implement Executive Order 13807: "Establishing Discipline and
Accountability in the Environmental Review and Permitting Process for Infrastructure Projects40;"
the Memorandum of Understanding Implementing One Federal Decision; Executive Order 13766:
"Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects41;"
and the FAST-41 ACT42; the NEPA Implementation Program will partner with federal agencies
on proposed projects throughout the NEPA process to provide expertise and recommendations and
focus efforts on early engagement prior to the publication of the draft EIS. Early engagement by
stakeholders in the NEPA process can support efficiencies and improved project outcomes. Early
engagement may involve meeting with the lead agency in person or by phone or providing written
comments with recommendations to mitigate impacts of the proposed project or improve the
development of the NEPA analysis.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$1,829.0) This change is an increase due to the recalculation of base payroll costs.
• (+$2,500.0 / +15.0 FTE) This program change is an increase to support the implementation
of FAST-41, Executive Order 13807, and the Memorandum of Understanding
implementing One Federal Decision.
• (-$2,225.0 / -8.4 FTE) net program change is an increase to support and improve EPA's
NEPA environmental review and permitting process for infrastructure projects.
Statutory Authority:
NEPA; CAA § 309; Antarctic Science, Tourism, and Conservation Act; Clean Water Act § 511(c);
Endangered Species Act; National Historic Preservation Act; Archaeological and Historic
Preservation Act; Fishery Conservation and Management Act; Fish and Wildlife Coordination Act;
Title 41 of the Fixing America's Surface Transportation Act.
40 For additional information, please refer to: https://www.whitehouse.gov/presideatial-i
establishing-discipline-accountability-environmental-review-permitting-process-infrastructure/.
41 For additional information, please refer to: https://www.whitehouse.gov/presidential-actions/executive-order-
expedi ting-environmental-reviews-approvals-high-priori ty-infrastructure-proiects/.
42 For additional information, please refer to: littps:/
1.1.4pubt94.fa.tni.
-executive-order-
217
-------
Geographic Programs
218
-------
Geographic Program: Chesapeake Bay
Program Area: Geographic Programs
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linviriinmcnhil Programs A- Mmuigcmcnl
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SS 5.000.0
S -J00.0
-S "'00.0
Total Budget Authority
$72,800.7
$85,000.0
$7,300.0
-$77,700.0
Total Workyears
34.1
38.2
0.0
-38.2
Program Project Description:
The Chesapeake Bay Program is a voluntary partnership, initiated in 1983, that now includes the
Chesapeake Bay watershed states (Delaware, Maryland, New York, Virginia, Pennsylvania, and
West Virginia), the District of Columbia, the Chesapeake Bay Commission, and the federal
government. EPA represents the federal government on the partnership's Chesapeake Executive
Council and, under the authority of Section 117 of the Clean Water Act, works with the Executive
Council to coordinate activities of the partnership. On June 16,2014, the Chesapeake Bay Program
partners signed the most recent Chesapeake Bay Watershed Agreement,43 which provides for the
first time the Bay's headwater states (Delaware, New York, and West Virginia) with full
partnership in the Bay program. The Agreement establishes 10 goals and 31 outcomes for
sustainable fisheries, water quality, vital habitats, climate change, toxic contaminants, and other
areas.
EPA, the watershed jurisdictions, and other key federal agencies set two-year water quality
milestones that measure progress made in achieving the Bay Total Maximum Daily Load (TMDL)
and the jurisdictions' Watershed Implementation Plans.44 The TMDL satisfies a requirement of
the Clean Water Act and EPA commitments under court-approved consent decrees for Virginia
and Washington, D.C. dating to the late 1990s.45 The TMDL is designed to ensure all nitrogen,
phosphorus, and sediment pollution control efforts needed to restore the Bay and its tidal rivers
are in place by 2025.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.2, Provide for Clean and Safe Water in
the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, EPA is requesting $7.3 million for support
43 The Chesapeake Bay Watershed Agreement (2014) available at:
http://www.ehesapeak.ebay .net/docunieiits/FINAL Ches_Bav Watershed Agreement.withsignatures-HIres.pdf.
44 The federal milestones related to water quality in the Chesapeake Bay watershed are available at http://executiveorder.
chesapeakebay.net/EO_13508_Water_Quality_Milestones-2012-01-06.pdf. The jurisdictional milestones are available at:
http://www.epa.gov/reg3wapd/tmdl/ChesapeakeBay/EnsuringResults.html.
45 The Chesapeake Bay TMDL, available at: http://www.epa.gov/chesapeakebaytmdl/.
219
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of state and local collection of water quality monitoring data and coordination of science, research,
and modeling. The FY 2021 request would support the following activities:
• Water quality monitoring ($5.2 million). This funding would leverage between $10 and
$12 million in combined federal, state, and local funds.
o Tidal and non-tidal monitoring ($4.8 million),
o Submerged Aquatic Vegetation (SAV) monitoring ($400 thousand).
• Help build capacity at the state level ($2.1 million).
o Coordinate modeling, decision support services, data collection, analysis,
storage, and access;
o Support information dissemination and transparency; and
o Provide consistency and efficiency in communications and data
management.
Environmental results, measured through data collected by the states and shared with the federal
government, show the importance of the investment that federal, state and local governments have
made in providing clean and safe water. Every year the Chesapeake Bay Program uses available
monitoring information from the 92 segments of the Chesapeake Bay to estimate whether each
segment is attaining criteria for one or more of its designated uses. EPA, along with other federal,
state and academic partners, is using this information to demonstrate progress toward meeting
water quality standards and the Bay TMDL.
At the end of FY 2019, practices were in place to achieve 77 percent of the phosphorus reductions
and 39 percent of the nitrogen reductions necessary to attain applicable water quality standards as
measured through the Partnership's Phase 6 Chesapeake Bay Watershed Model.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$720.0) This change is a decrease due to the recalculation of base payroll costs.
• (-$76,980.0 / -38.2 FTE) This program change reduces funding for the Chesapeake Bay
Program. Remaining resources will support critical activities in water quality monitoring.
Statutory Authority:
Clean Water Act, Section 117; Estuary Restoration Act of 2000; Chesapeake Bay Accountability
and Recovery Act of 2014; Clean Air Act; Further Consolidated Appropriations Act, 2020, Pub.
L. 116-94.
220
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Geographic Program: Gulf of Mexico
Program Area: Geographic Programs
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Total Budget Authority
$17,690.4
$17,553.0
$0.0
-$17,553.0
Total Workyears
12.6
14.7
0.0
-14.7
Program Project Description:
The efforts of EPA's Gulf of Mexico Program Office (GMPO) are dedicated to the protection,
restoration and enhancement of the water bodies and coastal environments associated with the
greater Gulf of Mexico region.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. EPA will encourage
the five Gulf of Mexico states to continue to make progress in restoring the Gulf of Mexico from
within core water programs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$17,553.0 / -14.7 FTE) This funding change proposes to eliminate the Gulf of Mexico
Program. This change returns the responsibility for funding local environmental efforts and
programs to state and local entities.
Statutory Authority:
Clean Water Act. Further Consolidated Appropriations Act, 2020, Pub. L. 116-94.
221
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Geographic Program: Lake Champlain
Program Area: Geographic Programs
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$10,995.0
$13,390.0
$0.0
-$13,390.0
Program Project Description:
EPA supports efforts to protect Lake Champlain through partnerships to implement the
"Opportunities for Action" management plan. The plan was developed to bring together people
with diverse interests in the lake to create a comprehensive pollution prevention, control, and
restoration plan for protecting the future of the Lake Champlain Basin.
FY 2021 Activities and Performance Plan:
Resources are proposed for elimination for this program in FY 2021. EPA will encourage New
York and Vermont to continue to make progress in restoring Lake Champlain from within core
water programs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$13,390.0) This funding change proposes to eliminate the Lake Champlain Program. This
change returns the responsibility for funding local environmental efforts and programs to
state and local entities.
Statutory Authority:
Boundary Waters Treaty of 1909; Clean Water Act; Further Consolidated Appropriations Act,
2020, Pub. L. 116-94.
222
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Geographic Program: Long Island Sound
Program Area: Geographic Programs
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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S21.000.0
S 0.0
-S21.000.0
Total Budget Authority
$14,232.7
$21,000.0
$0.0
-$21,000.0
Program Project Description:
EPA and the States of Connecticut and New York work in partnership to restore and protect Long
Island Sound. EPA assists states in implementing the Long Island Sound's Comprehensive
Conservation and Management Plan by coordinating the cleanup and restoration actions of the
Long Island Sound Study Management Conference.
FY 2021 Activities and Performance Plan:
Resources are proposed for elimination for this program in FY 2021. EPA will encourage Long
Island Sound states and local entities to continue to make progress in restoring the Sound from
within core water programs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$21,000.0) This funding change proposes to eliminate the Long Island Sound Program.
This change returns the responsibility for funding local environmental efforts and programs
to state and local entities.
Statutory Authority:
Clean Water Act § 119.
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Geographic Program: Other
Program Area: Geographic Programs
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S -,1V 1.3
S
so.o
-SV.5M.D
Total Budget Authority
$7,191.3
$9,566.0
$0.0
-$9,566.0
Total Workyears
4.7
4.7
0.0
-4.7
Program Project Description:
Under this program, the Agency develops and implements approaches to mitigate pollution for
specific and targeted geographic areas, including the Northwest Forest Program, Lake
Pontchartrain Basin Restoration Program, and the Southeast New England Coastal Watershed
Restoration Program.
Northwest Forest Program
The Northwest Forest Program supports interagency and intergovernmental efforts that coordinate
and leverage resources for water quality and drinking water efforts in seven46 western states.
Lake Pontchartrain Basin Restoration Program
The Lake Pontchartrain Basin Restoration Program, through a collaborative and voluntary effort,
strives to restore ecological health by developing and funding restoration projects within the
sixteen parishes in the basin.
Southeast New England Coastal Watershed Restoration Program (SNECWRP)
The Southeast New England Program serves as a hub to enable protection and restoration of the
coastal watersheds of Southeast New England, including the ecosystem services that sustain the
region's communities.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. EPA will encourage
states and local entities to continue to make progress in restoring these major aquatic ecosystems
from within core water programs.
46 California, Idaho, Montana, Nevada, Oregon, Utah, and Washington.
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Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$9,566.0 / -4.7 FTE) This funding change proposes to eliminate the Geographic Program:
Other. This change returns the responsibility for funding local environmental efforts and
programs to state and local entities.
Statutory Authority:
Clean Water Act.
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Geographic Program: South Florida
Program Area: Geographic Programs
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmcnlul i'ro^ruiii.s A- Muiui'^cmcnl
Si.30x2
S-i.N-lxO
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-Sl.O.W.O
Total Budget Authority
$1,305.2
$4,845.0
$3,206.0
-$1,639.0
Total Workyears
1.3
1.3
1.2
-0.1
Program Project Description:
Rapidly growing South Florida and its nearly 10 million residents represent a multibillion-dollar
economy fueled by outdoor recreational tourism (beaches, fishing, boating and diving);
commercial fishing; waterfront real estate development; and agriculture that depend on clean
oceans, estuaries, rivers, lakes and drinking water. EPA is committed to protecting and restoring
the Everglades, Florida Keys National Marine Sanctuary (FKNMS), Biscayne Bay and the other
extraordinary natural ecosystems in South Florida.
EPA's South Florida program coordinates restoration activities in South Florida, including
ongoing restoration efforts in the Everglades and the Florida Keys where water quality and habitat
are directly affected by land-based sources of pollution. EPA implements, coordinates, and
facilitates activities, including the Clean Water Act Section 404 Wetlands Program, the Everglades
Water Quality Restoration Strategies Program, the Everglades Environmental Monitoring and
Assessment Program, the Florida Keys National Marine Sanctuary Water Quality Protection
Program, the Florida Keys National Marine Sanctuary Water Quality Monitoring Program, the
Coral Reef Environmental Monitoring Program, the Benthic Habitat Monitoring Program, the
Southeast Florida Coral Reef Initiative, as directed by the U.S. Coral Reef Task Force, the
Brownfields Program, and other programs.47
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.2, Provide for Clean and Safe Water in
the FY 2018 - 2022 EPA Strategic Plan. The South Florida Program supports efforts to protect and
restore various communities and ecosystems impacted by environmental problems. EPA's request
includes appropriate workforce support levels. In FY 2021, EPA will focus on the activities listed
below.
• Implementation of the FKNMS Water Quality Protection Program long-term status and
trends monitoring projects (water quality, coral reef, and seagrass) and the web-enabled
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data management program.48 The monitoring programs have generated an impressive
amount of data on the condition of the Florida Keys National Marine Sanctuary's water
quality, seagrass and coral/benthic habitat communities. Data generated from these
programs have documented periodic oceanographic events such as algal blooms, seagrass
die-offs, and coral diseases, and provided the foundational data for the development of
nutrient numeric criteria. Data from these long-term data sets informs resource managers'
understanding of the living marine resources within the Florida Keys National Marine
Sanctuary. The long-term status and trend collected by the Coral Reef Environmental
Monitoring Program is tracking the ongoing Stony Coral Tissue Loss Disease that
continues to decimate 20+ reef building corals species of the Florida Reef Tract. To date,
the South Florida program has provided more than $1.5 million to support coral research
to hinder or halt the disease destroying corals reefs vital to Florida's eco-tourism industry
and that serve as a natural mitigation barrier from storms and hurricanes.
• Support of the Everglades Regional Environmental Monitoring and Assessment Program
(REMAP). REMAP is an extensive assessment of the Everglades' health conducted by
EPA Region 4 since 1993 that measures current and changing conditions for water quality
and ecological resources. Data is used by federal and state agencies, tribes, agriculture, the
public, non-governmental organizations and the National Academies of Sciences to
understand whether conditions are getting better or worse and to assess restoration
progress. The data also helps to explain the effectiveness of control programs for
phosphorus and mercury. The 2014 sampling of 119 Everglades locations represented the
tenth sampling event over the last 20 years. The final assessment report for the 2014
sampling event will be completed in FY 2020. This report will address key questions
related to water management and soil loss, track the effectiveness of restoration efforts
such as the Restoration Strategies Program to control phosphorus, efforts to restore
Everglades' habitat, and efforts to control mercury so fish consumption advisories to
protect human health are no longer necessary.
• Continuation of EPA's National Environmental Policy Act and water quality coordination
with the Jacksonville U.S. Army Corps of Engineers District and South Florida Water
Management District for the ongoing planning and implementation activities associated
with Comprehensive Everglades Restoration Plan49 (CERP) implementation. CERP is the
largest ecosystem restoration effort in the world.
• Continued implementation of the Florida Keys Wastewater and Stormwater Master Plan to
provide Advanced Wastewater Treatment or Best Available Technology services to all
homes and businesses in the Florida Keys through the EPA and State co-chaired FKNMS
Water Quality Protection Program. The goal is to remove from service all non-functioning
septic tanks, cesspits, and non-compliant wastewater facilities. In 2019, greater than 90
percent of Florida Keys homes and business are on advanced wastewater treatment systems
and more than 30,000 septic tanks have been eliminated.
48 Florida Keys National Marine Sanctuary Water Quality Protection Program.
http://oceaii.floridaiiiariiie.org/fkiuiis wqpp/pages/wqpp.litiiil/.
49 For more information: htip://www.evergladesrestoration.gov/.
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• Restoration of residential canals in the Florida Keys. Of the 502 canals evaluated, 131
exhibited poor water quality. Local governments are implementing the Monroe County
Canal Management Master Plan developed with funds through the South Florida
Geographic Initiative. Local governments have leveraged $7.1 million to implement weed
barriers, organic removal, culvert installation, backfilling, and pumping technologies at
eight canal demonstration pilot sites to improve water quality and habitat.50 Monroe
County is seeking alternative technologies to restore canals. In April 2019, the Governor
of Florida announced that the state Department of Economic Opportunity will launch a
Canal Restoration Work Program to establish a definitive timeline and milestones for canal
restoration.
• Support of studies related to phosphorus enrichment and chlorophyll increases resulting in
dying seagrass beds and increasing macro algae blooms in North Biscayne Bay. EPA
specifically will fund the development of a sediment and water quality model for the Bay;
expand the State's ecological and water monitoring network; and provide for a strategic
outreach campaign to implement best management practices to address land-based sources
of pollution.
• Enhancement of water quality and seagrass monitoring in the Caloosahatchee Estuary that
has been heavily impacted by harmful algal blooms in recent years. EPA funding will be
leveraged with a $1 million grant from Florida to support the restoration of seagrass habitat
in the upper Caloosahatchee River.
• Support of CWA Section 404 implementation, including wetlands conservation,
permitting, dredge and fill and mitigation banking strategies with U.S. Army Corps of
Engineers.
• Continuation of collaborative efforts through interagency workgroups including: South
Florida Ecosystem Restoration Task Force and Working Group; Florida Bay Program
Management Committee; and Florida Keys National Marine Sanctuary Water Quality
Protection Program Steering Committee.
• Continuation of work with the State of Florida on Everglades Water Quality Restoration
Strategies to address phosphorus pollution. Part of this work will be tracking progress on
the National Pollutant Discharge Elimination System permits and consent orders within the
Everglades, including discharge limits for phosphorus and corrective actions that are
consistent with state and federal law and federal court consent decree requirements.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
50 For more information: http://www.monroecounty-fl.gov/iiiclex.aspx?ISlID=598.
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$1,639.0 / -0.1 FTE) This program change reduces funding for the South Florida
Geographic Program by building on program efficiencies and emphasizing core work.
Statutory Authority:
Florida Keys National Marine Sanctuary and Protection Act of 1990; National Marine Sanctuaries
Program Amendments Act of 1992; Clean Water Act; Water Resources Development Act of 1996;
Water Resources Development Act of 2000; National Environmental Policy Act.
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Geographic Program: San Francisco Bay
Program Area: Geographic Programs
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linviriinmcnhil Programs A- Mmuigcmcnl
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-S5.V22.tl
Total Budget Authority
$8,381.7
$5,922.0
$0.0
-$5,922.0
Total Workyears
1.8
1.8
0.0
-1.8
Program Project Description:
EPA collaborates with agencies and non-governmental organizations to implement the seven-point
Bay Delta Action Plan (2012)51 designed to protect and restore water quality, aquatic life, and
ecosystem processes in the San Francisco Bay/Sacramento-San Joaquin Delta. EPA assists the
State Water Resources Control Board with the comprehensive update of the Bay Delta Water
Quality Control Plan.52
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. EPA will encourage
the State of California and local entities to continue to make progress in restoring the San Francisco
Bay from within core water programs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$5,922.0 / -1.8 FTE) This funding change proposes to eliminate the San Francisco Bay
Program. This change returns the responsibility for funding local environmental efforts and
programs to state and local entities.
Statutory Authority:
Clean Water Act. Further Consolidated Appropriations Act, 2020, Pub. L. 116-94.
51 EPA Bay Delta Action Plan (2012), found at: http://www2.epa.gov/sfbav-delta/bav-delta-action-plan.
52 State Water Board Bay Delta Water Quality Control Plan (webpage updated in 2018), found at:
http://www.waterboards.ca.gov/waterrights/water issues/programs/bav delta/.
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Geographic Program: Puget Sound
Program Area: Geographic Programs
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
sjj.im.it
so.o
-S J J.000.0
Total Budget Authority
$27,936.8
$33,000.0
$0.0
-$33,000.0
Total Workyears
5.0
5.7
0.0
-5.7
Program Project Description:
The Puget Sound Program works with partners to implement the Puget Sound Action Agenda, the
long-term plan for Puget Sound basin protection and restoration. In addition, the Puget Sound
Program funds assistance agreements with the federally recognized tribes in Puget Sound, tribal
consortia, and the North West Indian Fisheries Commission.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. EPA will encourage
state, tribal, and local entities to continue to make progress in restoring the Puget Sound from
within core water programs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$33,000.0 / -5.7 FTE) This funding change proposes to eliminate the Puget Sound
Program. This change returns the responsibility for funding local environmental efforts and
programs to state and local entities.
Statutory Authority:
Clean Water Act. Further Consolidated Appropriations Act, 2020, Pub. L. 116-94.
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Great Lakes Restoration
Program Area: Geographic Programs
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S 2^2.5'1.0
sj 20.000.0
S320.000.0
so.o
Total Budget Authority
$292,571.0
$320,000.0
$320,000.0
$0.0
Total Workyears
63.9
68.5
68.5
0.0
Program Project Description:
The Great Lakes are the largest system of surface freshwater on Earth, containing 20 percent of
the world's surface freshwater and 95 percent of the United States' surface freshwater. The
watershed includes two nations, eight U.S. states, two Canadian provinces, and 35 tribes.
Through a coordinated interagency process led by the Environmental Protection Agency (EPA),
the implementation of the Great Lakes Restoration Initiative (GLRI) is helping to restore the Great
Lakes ecosystem. This restoration effort provides environmental and public health benefits to the
region's 30 million Americans and restores the economic health of the region. This interagency
collaboration accelerates progress, avoids potential duplication of effort, and saves money. In
accordance with the Clean Water Act, EPA and its partners are accomplishing this restoration
through the implementation of five-year GLRI Action Plans. Implementation of GLRI Action Plan
III, covering FYs 2020 through 2024, began in October 2019.
EPA and its partners have achieved significant results since the GLRI started in 2010, including:
• Three Areas of Concern (AOCs) delisted and eight others that have had the cleanup
restoration actions necessary for delisting completed (prior to GLRI, only one Great Lakes
AOC was delisted);
• 75 Beneficial Use Impairments (BUIs), at 24 AOCs in the eight Great Lakes states, have
been removed, more than seven times the total number of BUIs removed in the preceding
22 years;
• Over 4,000,000 cubic yards of contaminated sediment have been remediated;
• 153,000 acres of invasive species control activities implemented;
• Approximately 8,500,000 pounds of Asian Carp have been removed from the Illinois
River, reducing the potential for Asian Carp to invade the Great Lakes;
• Loadings of over 1,100,000 pounds of phosphorus were reduced through implementation
of conservation practices (phosphorus is a major driver of harmful algal blooms in Great
Lakes priority watersheds);
• More than 370,000 acres of habitat have been protected, restored, or enhanced; and
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• About 3,700 educators and educational institutions were given hands-on training in Great
Lakes based education and stewardship - benefiting hundreds of thousands of students
annually.
Under the GLRI, funds are first appropriated to EPA. After annual evaluation and prioritization
consistent with the GLRI Action Plan, EPA then provides a substantial portion of those funds to
its partner federal agencies. Agencies undertake projects themselves, and also fund projects
performed by other entities such as states, tribes, municipalities, counties, universities, and
nongovernmental organizations. GLRI funding can supplement each agency's base funding. In an
effort to conserve GLRI dollars and encourage significant local involvement in and support for
GLRI-funded projects, any GLRI grant issued directly by EPA from the FY 2021 appropriation
will require that the grant recipient provide a "cost-share" amount, including in-kind work,
constituting at least 10 percent of the cost of the project being funded by the grant. For example,
if the expected total cost of the project to be funded by the EPA grant is $500,000.00, the grant
recipient must contribute at least $50,000.00 to the project. This cost-share requirement can be
waived in the event of demonstrated financial hardship on the part of the grant recipient.
EPA's Great Lakes National Program Office (GLNPO) was assigned oversight of the Great Lakes
and Lake Champlain Invasive Species Program at the end of calendar year 2018 as a result of
passage of the Vessel Incidental Discharge Act of 2018. To fulfill this statutory mandate, EPA is
collaborating with the U.S. Fish and Wildlife Service (USFWS), U.S. Geological Survey (USGS),
National Oceanic and Atmospheric Administration (NOAA), and the United States Coast Guard,
and will collaborate with other applicable federal, state, local, and tribal agencies.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.2, Provide for Clean and Safe Water in
the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the GLRI will continue to support programs
and projects which target the most significant environmental problems in the Great Lakes.
Emphasis will continue to be placed on: 1) cleaning up and delisting AOCs; 2) reducing
phosphorus contributions that contribute to harmful algal blooms and other water quality
impairments; and 3) invasive species prevention. GLRI Action Plan III targets GLRI restoration
within the Focus Areas, objectives, and performance goals described below.
Toxic Substances and Areas of Concern Objectives:
• Remediate, restore and delist AOCs. EPA, USFWS, U.S. Army Corps of Engineers
(US ACE), USGS, NOAA and other GLRI partners will continue accelerating the pace of U.S.
BUI removals. EPA and its federal partners will work with and fund stakeholders to implement
management actions necessary to remove the BUIs (indicators of poor environmental health)
that will ultimately lead to the delisting of the remaining U. S. AOCs. Agencies target collective
efforts under the GLRI to maximize removal of BUIs and delisting of AOCs. Agencies will
support BUI removal through sediment remediation under the Great Lakes Legacy Act (part
of the GLRI) and other restoration activities. FY 2021 targets are:
o Two AOCs (18 AOCs cumulative since 1987) where all management actions necessary
for delisting have been implemented;
o Eight BUIs (101 BUIs cumulative since 1987) removed in AOCs; and
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o Two AOCs (24 AOCs cumulative since 1987 - more than 75 percent of the 31 total
AOCs) with complete and approved lists of management actions necessary for
delisting.
• Share information on the risks and benefits of consuming Great Lakes fish, wildlife, and
harvested plant resources with the people who consume them. Federal agencies and their
state and tribal partners will continue to help the public make informed decisions about healthy
options for safe fish consumption. Expansion of successful pilot programs will increase the
availability and accessibility of safe fish consumption guidelines to vulnerable populations that
consume Great Lakes fish. Additional emphasis will be placed on the safe consumption of
wildlife and harvested plant resources.
• Increase knowledge about 1) "Chemicals of Mutual Concern" identified pursuant to the
Great Lakes Water Quality Agreement Annex 3; and 2) other priority chemicals that
have negatively impacted, or have the potential to negatively impact, the ecological or
public health of the Great Lakes. Federal agencies will coordinate with appropriate state and
tribal partners to begin to fill critical monitoring and data gaps for priority chemicals in the
Great Lakes. Monitoring data from this process will provide information on the magnitude and
extent of these chemicals in the Great Lakes and help in evaluation of associated ecological,
economic and recreational consequences.
Invasive Species Objectives:
• Prevent introductions of new invasive species. Federal agencies and their partners will
continue to prevent new invasive species (including Asian Carp) from establishing self-
sustaining populations in the Great Lakes ecosystem. Federal agencies and their partners will
work to increase the effectiveness of existing surveillance programs by increasing detection
abilities. Federal agencies will continue to support state and tribal efforts to develop and
implement Aquatic Nuisance Species Management Plans which will be used for annual
"readiness exercises" and actual responses to new detections of invasive species. GLRI
partners will be able to use risk assessments in combination with updated "least wanted" lists
to focus prevention activities. Increasing the ability and frequency of Great Lakes states to
quickly address new invasions or range expansion of existing invasive species will be a key
GLRI strategy. FY 2021 target: Eight rapid responses or exercises conducted.
• Control established invasive species. Federal agencies and their partners will bring an
enhanced focus to the quality of acreage to be restored as they restore sites degraded by aquatic,
wetland and terrestrial invasive species. Federal agencies will implement control projects in
national forests, parks and wildlife refuges and will partner with states and neighboring
communities to promote larger scale protection and restoration through applicable control
programs. GLRI funding will help the Great Lakes Sea Lamprey Control Program to locate
and address strategic barriers while also advancing new control technologies. FY 2021 target:
Invasive species control on 6,000 acres (171,000 acres cumulative since 2010).
• Develop invasive species control technologies and refine management techniques. Federal
agencies and their partners will continue to develop and enhance technologies to control non-
native phragmites, sea lamprey, and red swamp crayfish so that on-the-ground land managers
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can field test these new approaches. Federal agencies also will develop and enhance invasive
species "collaboratives" to support rapid responses and to communicate the latest control and
management techniques for non-native species such as Hydrilla, Dreissenid mussels, Hemlock
wooly adelgid, and emerald ash borer. Federal agencies and their partners will support a Great
Lakes telemetry network to track aquatic invasive species movements {i.e., grass carp) and
refine rapid response actions.
Nonpoint Source Pollution Impacts on Nearshore Health Objectives:
• Reduce nutrient loads from agricultural watersheds. EPA, federal agencies, and their
partners will continue working on farms and in streams to reduce nutrient loads from
agricultural watersheds, emphasizing utilization of conservation systems and work in priority
watersheds, particularly the Lower Fox River (WI), Saginaw River (MI), Maumee River (OH),
and Genessee River (NY). This work will reduce the most significant loadings from nutrient
runoff. Federal agencies and their partners will improve the effectiveness of existing programs,
encourage the adoption of technologies and performance-based approaches to reduce runoff
and soil losses, expand demonstration farm networks to increase adoption of nutrient
management practices, promote practices for slowing down and filtering stormwater runoff,
and emphasize long-term and sustainable nutrient reductions. EPA and its federal partners will
target resources and activities at locations that are the most significant cause of harmful algal
blooms. FY 2021 targets:
o Reduce 300,000 pounds (1,900,000 pounds cumulative since 2010) of phosphorus from
conservation practice implementation throughout Great Lakes watersheds; and
o 170,000 acres (2,370,000 acres cumulative since 2010) receiving technical or financial
assistance on nutrient management in priority watersheds.
• Reduce untreated stormwater runoff. EPA and its federal partners will continue to
accelerate implementation of green infrastructure projects to reduce the impacts of polluted
urban runoff on nearshore water quality at beaches and in other coastal areas. These projects
will capture or slow the flow of untreated runoff and filter out sediment, nutrients, toxic
contaminants, pathogens and other pollutants prior to entering Great Lakes tributaries and
nearshore waters. Federal agencies and their partners also will continue to support watershed
management projects that slow and intercept runoff, including installation of tributary buffers,
restoration of coastal wetlands, and re-vegetation and re-forestation of areas near Great Lakes
coasts and tributaries. FY 2021 targets:
• 50,000,000 gallons (400,000,000 gallons cumulative since 2015) of untreated
stormwater runoff captured or treated; and
• Seven miles (40 miles cumulative since 2015) of Great Lakes shoreline and riparian
corridors restored or protected.
• Improve effectiveness of nonpoint source control and refine management efforts. EPA
and its federal partners will continue to adaptively manage to maximize nonpoint source-
control efforts. Strategies will include: conducting edge-of-field monitoring studies in
agricultural priority watersheds to test the effectiveness of innovative practices such as
bioreactors; application of previously supported tools and lessons learned to optimize project
results; and development of new strategies, such as nutrient recovery and manure
transformation technologies. FY 2021 targets:
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• 30 nutrient monitoring and assessment activities conducted; and
• Ten nutrient or stormwater runoff reduction practices or tools developed or evaluated.
Habitats and Species Objectives:
• Protect and restore communities of native aquatic and terrestrial species important to
the Great Lakes. EPA and its federal partners will implement protection, restoration and
enhancement projects focused on open water, nearshore, connecting channels, coastal wetland
and other habitats in order to protect and restore native species. They will build upon and shore-
up past investments while advancing protection and restoration in new areas important to
targeted species. Projects will be largely based on priorities in regional-scale conservation
strategies and will include:
• Removing dams and replacing culverts to create fish habitat and reconnect migratory species
to Great Lakes tributaries;
• Restoring habitat necessary to sustain populations of migratory native species; and
• Protecting, restoring, and managing existing wetlands and high-quality upland areas to
sustain diverse, complex, and interconnected habitats for species reproduction, growth, and
seasonal refuge.
FY 2021 targets:
• 12,000 acres (406,000 acres cumulative since 2010) of coastal wetland, nearshore, and
other habitats restored, protected, or enhanced.
• 200 miles (5,900 miles cumulative since 2010) of connectivity for aquatic species.
Increase resiliency of species through comprehensive approaches that complement on-the-
ground habitat restoration and protection. EPA and its federal partners will maintain, restore,
and enhance the habitats of native fish and wildlife species to increase the resiliency and overall
health of these species. Agencies will maximize habitat improvements for aquatic and terrestrial
species through collaborative conservation and monitoring at local and regional scales. Project
benefits are expected to include avoiding species extinction, identification of key habitats and of
limiting factors to species recovery and increasing or protecting population levels. GLRI agencies
and their partners will continue to support protection of native species that have cultural,
subsistence, and economic value.
FY 2021 target: One species (two species cumulative since 2018) benefited where actions have
been completed to significantly protect or promote recovery of populations.
Foundations for Future Restoration Actions Objectives:
• Educate the next generation about the Great Lakes ecosystem. EPA and its federal partners
will promote Great Lakes-based environmental education and stewardship for students and
other interested community members (e.g., courses at parks, nature centers, on board vessels,
museums, and zoos). With an emphasis on educating K-12 youth, GLRI partners will support
experience-based learning opportunities. GLRI agencies and their partners also will continue
to develop Great Lakes-literate educators to maximize the number of youths impacted using
principles and concepts in the Great Lakes Literacy curriculum. These activities will support
the overall goal of impacting youth to foster Great Lakes stewardship, promote conservation,
and expose and prepare under-represented youth for higher education opportunities in natural
resource management.
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• Conduct comprehensive science programs and projects. EPA and its federal partners will
continue to investigate the most significant ecological problems in the Great Lakes. Great
Lakes monitoring will include: contaminants in Great Lakes fish, water quality and the lower
food web in the offshore waters, and nutrient and harmful algal blooms in priority areas.
Federal agencies and their partners will identify and address science priorities to support
implementation of the GLRI and the Great Lakes Water Quality Agreement. They will
continue to: develop new tools for monitoring and forecasting; measure project effectiveness;
prioritize management activities; and consider environmental and health outcomes.
GLRI Funding Allocations. EPA leads the cooperative process by which funding allocations are
determined for programs and projects of GLRI agencies. Under Clean Water Act Section 118,
EPA provides the appropriate authorizing and appropriating committees of the Senate and the
House of Representatives a yearly detailed description of the progress of GLRI and amounts
transferred to participating Federal departments and agencies.
GLRI Funding Allocations. EPA leads the cooperative process by which funding allocations are
determined for programs and projects of GLRI agencies.
Summary of FY 2014 - 2021 Allocations by Focus Area
Focus Area Allocations (Dollars in Thousands)
Focus Area
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021M
Toxic Substances and AOC
$105,000
$120,200
$106,600
$107,500
$107,500
$107,500
$107,500
$107,500
Invasive Species
$54,600
$53,600
$56,400
$62,200
$56,900
$56,900
$56,900
$56,900
Nonpoint Source Pollution
Impacts on Nearshore Health[bl
$59,300
$51,000
$51,700
$47,900
$51,000
$51,700
$51,700
$50,900
Habitat and Species'111
$60,600
$49,000
$54,200
$49,500
$50,000
$50,200
$50,200
$49,400
Foundations for Future
Restoration Actions6111
$20,500
$26,200
$31,100
$32,900
$34,600
$33,700
$33,700
$35,300
To be allocated [el
$20,000
$20,000
TOTAL
$300,000
$300,000
$300,000
$300,000
$300,000
$300,000
$320,000
$320,000
[a] Based on allocations approved by the Regional Working Group.
|h Nearshore Health and Nonpoint Source Pollution in FY 2010-2014.
[c] Habitat and Wildlife Protection and Restoration in FY 2010-2014.
[d] Accountability, Education, Monitoring, Evaluation, Communication, and Partnerships in FY 2010 - 2014.
[el The Regional Working group has not determined allocations for additional funding provided in FY 2020 and requested for
FY 2021.
237
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Summary of FY 2014 - 2021 Allocations* by Agency
(Dollars in T
lousands)
Aiicncv
I V 2014
I V 2015
I V 201(,
FY 2017
I V 20IS
I V 201')
I V 2020
I V 2021
DHS-USCG
$1,278
$2,006
$1,274
$1,580
$500
$1,661
$1,250
$1,300
DOC-NOAA
$35,170
$24,818
$30,740
$12,027
$24,629
$16,967
$9,939
$7,343
DOD-USACE
$28,655
$48,389
$33,369
$55,940
$43,559
$60,336
$11,795
$11,555
DOI-BIA
$3,950
$4,750
$6,203
$10,904
$11,617
$9,842
$15,000
$15,000
DOI-NPS
$3,177
$3,142
$3,799
$4,379
$3,940
$3,822
$3,831
$3,947
DOI-USFWS
$49,038
$41,393
$48,118
$41,794
$52,902
$45,897
$32,247
$32,065
DOI-USGS
$19,832
$23,433
$22,960
$26,817
$25,724
$21,603
$7,653
$7,640
DOT-FHWA
$965
$0
$0
$0
$0
$0
$0
$0
DOT-MARAD
$1,791
$1,291
$2,106
$800
$675
$803
$1,000
$750
HHS-ATSDR/CDC
$1,739
$1,738
$1,692
$593
$590
$605
$605
$605
USD A-APHIS
$1,246
$1,246
$1,089
$1,262
$1,176
$1,312
$1,378
$1,378
USDA-NRCS
$24,280
$23,281
$19,062
$22,072
$25,096
$20,697
$22,239
$22,374
USDA-USFS
$6,401
$6,290
$10,822
$11,355
$10,153
$11,646
$9,931
$9,894
Multi-agency
$0
$0
$0
$0
$0
$0
$58,552
$67,379
IA Totals:
$177,521
$181,776
$181,234
$189,522
$200,560
$195,191
$175,420
$181,231
EPA and Misc IAs
$122,479
$118,224
$118,766
$110,478
$99,440
$104,809
$124,580
$118,769
To be allocated
$20,000
$20,000
Totals:
$300,000
$300,000
$300,000
$300,000
$300,000
$300,000
$320,000
$320,000
* Final allocations for FY 2014 - FY 2017. Allocations for FY 2018 and FY 2019 are as reported in the October 2019 GLRI
Financial Management Updates. Allocations for FY 2020 and FY 2021 are based on budgets approved by GLRI Regional Working
Group agencies and the current allocation does not include the additional funding received in FY 2020 and requested for FY 2021.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• There is no change in program funding.
Statutory Authority:
Clean Water Act Section 118.
238
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Homeland Security
239
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Homeland Security: Communication and Information
Program Area: Homeland Security
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S-I.003.S
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Total Budget Authority
$4,003.8
$3,818.0
$3,677.0
-$141.0
Total Workyears
11.2
11.3
11.3
0.0
Program Project Description:
This program supports EPA's coordination and communication activities related to national
security and homeland security. The White House, Congress, and the Department of Homeland
Security (DHS) have defined responsibilities for EPA in several areas, including critical water
infrastructure protection and response to chemical, biological, radiological, and nuclear events,
through a series of statutes, presidential directives, and national plans. The EPA's Office of
Homeland Security (OHS) provides technical, policy, and intelligence advice to senior agency
leadership related to National and Homeland Security. OHS also leads and coordinates EPA's
engagement with the White House, National Security Council, and other federal departments and
agencies on the development of new homeland security policy and requirements. As the EPA
Federal Intelligence Coordination Office, OHS coordinates analytical intelligence support capacity
across the Agency to meet EPA requirements and EPA whole-of-government obligations.
OHS focuses on coordination and integration of chemical, biological, and radiological
preparedness and response programs as they relate to protection of air and water quality and the
prevention of land contamination through external engagement with federal departments and
agencies and internal coordination with EPA program offices with Homeland Security
responsibilities. In addition, OHS works closely with the Water Program to coordinate and
integrate water security efforts internally and externally with stakeholders regarding physical
threats and contamination and cyber threats to operations. OHS coordinates with regional, state,
and local Fusion Centers and Joint Terrorism Task Forces to focus on integrating EPA regional
offices with the information sharing environment and DHS intelligence sharing network. OHS also
advances implementation of the EPA Insider Threat, Suspicious Activity Reporting, Operational
Security, Counterintelligence, and Committee on Foreign Investment in the U.S. Programs.
In addition, this program utilizes several mechanisms to support its ability to implement EPA's
broad range of homeland security responsibilities, ensure consistent development and
implementation of homeland security policies and procedures, avoid duplication, and build a
network of partnerships. OHS provides leadership to ensure coordination and integration of EPA's
homeland security programs engaged in prevention, protection, mitigation, response, and recovery
efforts under the National Preparedness System. OHS regularly convenes meetings of the
240
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Homeland Security Executive Steering Committee, composed of senior executives from EPA
programs and regional offices; the Homeland Security Collaborative Network, a cross-agency
leadership group, to discuss emerging threats, policies, and intelligence related to national and
homeland security; and the Regional Homeland Security Coordinators to ensure regional
homeland and national security needs are being addressed.
Homeland security information technology efforts are closely coordinated with the agency-wide
information security and infrastructure activities, which are managed in the Information Security
and Information Technology (IT)/Data Management programs. These IT support programs also
enable contact among localities, EPA program and regional offices, and laboratories in emergency
situations.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness, in the FY 2018 - 2022 EPA Strategic Plan.
In FY 2021, OHS will:
• Promote a coordinated approach to EPA's homeland security activities and support the
alignment of resources with government-wide homeland security priorities and
requirements.
• Promote a coordinated approach to communicating classified and sensitive information to
EPA programs, laboratories, and regional offices via secure communications systems to
support timely intelligence and information sharing to enable safe and effective operational
preparedness and response.
• Support federal, state, tribal, and local efforts to prevent, protect, mitigate, respond to, and
recover from the impacts of natural disasters, acts of terrorism, and other emergencies by
providing leadership and coordination across EPA's program offices and regions.
• Ensure appropriate agency representation in various White House and other federal national
security and homeland security policy activities. These efforts include serving as EPA's
representative for homeland security, national disaster response, and mitigation and recovery
policy in monthly meetings of the Domestic Resilience Group, chaired by the National
Security Council, and in weekly meetings for other national homeland security policy
committees. In addition, OHS serves as EPA's representative in monthly meetings of the
Recovery Support Function Leaders Group, chaired by the Federal Emergency Management
Agency (FEMA), and the Mitigation Framework Leadership Group, also chaired by FEMA,
and on other interagency workgroups.
• Focus on filling critical policy, knowledge, and technology gaps that may be essential for an
effective EPA response, including working with our interagency partners to define collective
capabilities and resources that may contribute to closing common homeland security gaps,
241
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including emerging chemical threats and cybersecurity concerns for critical water
infrastructure.
• Provide EPA end-users with relevant, accurate, reliable, objective, and timely intelligence
bearing on matters of environmental policy and regulation and domestic threats and
counterintelligence, where EPA functions to preserve or assist in the restoration of human
health and the environment.
• Continue phased implementation of Executive Order 13587 - Structural Reforms to Improve
the Security of Classified Networks and the Responsible Sharing and Safeguarding of
Classified Information53 to meet the main pillars of classified information protection with a
focus on the implementation of an Insider Threat Program to address and mitigate threats to
national security.
• Track emerging national/homeland security issues, through close coordination with the U.S.
Intelligence Community, to anticipate and avoid crisis situations and target the Agency's
efforts proactively against threats to the United States.
EPA's FY 2021 resources support national cybersecurity efforts through monitoring across the
Agency's IT infrastructure to detect, remediate, and eradicate malicious activity/software from
EPA's computer and data networks. EPA will continue to enhance internal Computer Security
Incident Response Capability to ensure rapid identification and reporting of suspicious activity
and will increase training and awareness of cybersecurity threats. EPA personnel are active
participants in the United States Computer Emergency Readiness Team, a DHS-led group of
experts from incident response and security response teams. Indicators and warnings are shared
between EPA incident responders and their cleared counterparts in other agencies and with the
Intelligence Community.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$299.0) This change is an increase due to the recalculation of base payroll costs.
• (-$102.0) This program change streamlines activities related to communication, policies,
and procedures to support and coordinate homeland security efforts across the Agency.
• (-$338.0) This program change refocuses IT efforts coordinating homeland security across
the Agency. The Agency will refocus on core functions that improve foundational
capabilities and close gaps in IT security architecture.
53 For more information, please see: https://obamawhitehouse.archives.gov/the-press-ofiice/201 l/10/07/executive-order-13587-
structural-refonris-iiiiprove-security-classified-iiet.
242
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Statutory Authority:
Resource Conservation and Recovery Act §§ 1001, 2001, 3001, 3005; Safe Drinking Water Act;
Clean Water Act §§ 101, 102, 103, 104, 105, 107; Clean Air Act §§ 102, 103, 104, 108; Toxic
Substances Control Act §§ 201, 301, 401; Federal Insecticide, Fungicide, and Rodenticide Act §§
136a-136y; Bio Terrorism Act of 2002 §§ 303, 305, 306, 307; Homeland Security Act of 2002;
Post-Katrina Emergency Management Reform Act; Defense Against Weapons of Mass
Destruction Act; Food Safety Modernization Act § 208.
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Homeland Security: Critical Infrastructure Protection
Program Area: Homeland Security
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linviriinmcnhil Programs A- Mmuigcmcnl
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Science & Technology
$7,957.5
$9,053.0
$7,732.0
-$1,321.0
Total Budget Authority
$8,401.9
$9,893.0
$9,093.0
-$800.0
Total Workyears
19.4
22.6
21.0
-1.6
Program Project Description:
The Critical Infrastructure Protection Program supports EPA's efforts to coordinate and provide
technical expertise to enhance the protection of the Nation's critical water infrastructure from
terrorist threats and all-hazard events through effective information sharing and dissemination.
This program provides water systems with current information on methods and strategies to build
preparedness for natural and man-made threats.
FY 2021 Activities and Performance Plan:
Work in this program supports Goal 1/Objective 1.2, Provide for Clean and Safe Water in the
FY2018-2022 EPA Strategic Plan. In FY 2021, EPA will build the capacity to identify and respond
to threats to critical national water infrastructure by:
• Providing timely information on contaminant properties, water treatment effectiveness,
detection technologies, analytical protocols, and laboratory capabilities.
• Supporting effective communication conduits to disseminate threat and incident
information and to serve as a clearinghouse for sensitive information.
• Promoting information sharing between the water sector and environmental professionals,
scientists, emergency services personnel, law enforcement, public health agencies, the
intelligence community, and technical assistance providers. Through this exchange, water
systems can obtain up-to-date information on current technologies in water security,
accurately assess their vulnerabilities to terror acts, and work cooperatively with public
health officials, first responders, and law enforcement officials to respond effectively in
the event of an emergency.
• Providing water utilities, of all sizes, access to a comprehensive range of important
materials, including the most updated information, tools, training, and protocols designed
to enhance the security, preparedness, and resiliency of the water sector.
244
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• Ensuring that water utilities receive timely and informative alerts about changes in the
homeland security advisory level or about regional and national trends in certain types of
water-related incidents. For example, should there be types of specific, water-related
threats or incidents that are recurring, EPA, in coordination with the Department of
Homeland Security and other appropriate agencies, needs to alert the utilities of the
increasing multiple occurrences or "trends" of these incidents.
Effective information sharing protocols allow the water sector to improve its understanding of the
latest water security and resiliency protocols and threats. They also reduce risk by enhancing the
water sector's ability to prepare for an emergency.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$118.0) This change is an increase due to the recalculation of base payroll costs.
• (+$403.0 / +2.2 FTE) This program change is an increase to carry out EPA's mission as
the Sector-Specific Agency for drinking water and wastewater infrastructure security.
Funding is critical to protect water infrastructure from natural disasters and terrorist threats.
Statutory Authority:
Safe Drinking Water Act, §§ 1431-1435; Clean Water Act; Public Health Security and
Bioterrorism Emergency and Response Act of 2002; Emergency Planning and Community Right-
to-Know Act, §§ 301-305.
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Homeland Security: Protection of EPA Personnel and Infrastructure
Program Area: Homeland Security
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul I'roffrum.s A- Muiui'^cmcnl
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Science & Technology
$410.0
$443.0
$500.0
$57.0
Building and Facilities
$4,259.1
$6,676.0
$6,176.0
-$500.0
Flazardous Substance Superfiind
$979.3
$1,017.0
$915.0
-$102.0
Total Budget Authority
$11,404.0
$13,491.0
$12,577.0
-$914.0
Total Workyears
8.8
9.2
9.2
0.0
Total workyears in FY 2021 include 9.2 FTE to support Homeland Security working capital fund (WCF) services.
Program Project Description:
Environmental Programs and Management resources for the Homeland Security: Protection of
EPA Personnel and Infrastructure Program ensure that EPA maintains a robust physical security
and preparedness infrastructure, ensuring that its numerous facilities are secured and protected in
line with the federally-mandated Interagency Security Committee standards.
In order to secure and protect EPA's personnel and physical infrastructure, the Agency operates a
federally mandated Personal Identity Verification (PIV) program, which adheres to the
requirements as set forth in Homeland Security Presidential Directive-12 (HSPD-12).54 This
program ensures the Agency complies with government-wide standards for the issuance of secure
and reliable forms of identification to federal employees and contractors who require access to
federally controlled facilities and networks. Additionally, EPA initiates and adjudicates personnel
background investigations, processes fingerprint checks, determines individual eligibility to access
classified National Security Information (NSI), and maintains personnel security records for all
federal and non-federal employees.
The NSI Program manages and safeguards EPA's classified information for its federal workforce
and contractors. The Program ensures federal mandates are followed to protect NSI, conduct
federally mandated training, and conduct NSI inspections.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness in the FY 2018 - 2022 EPA Strategic Plan. As part of the nationwide protection of
buildings and critical infrastructure, EPA performs vulnerability assessments on facilities each
54 For additional information, please refer to: https://www.dhs.gov/homeland-security-presidential-directive-12
246
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year. Through this program, the Agency also recommends security risk mitigations, oversees
access control measures, determines physical security measures for new construction and leases,
and manages the lifecycle of security equipment.
In FY 2021, EPA will continue to partner with GSA on the Enterprise Physical Access Control
System (ePACS), which was deployed in FY 2019. ePACS supports the Agency's modernization
of its security infrastructure in compliance with HSPD-12 and ensures that the Agency is
undertaking every effort to enhance safety, security, and efficiency by more effectively controlling
access into all EPA-controlled physical space and networks. ePACS provides EPA the ability to
produce and maintain secure and reliable forms of identification, as required per HSPD-12, for all
EPA employees and contractors. In addition, the Agency will continue to utilize GSA's Managed
Service Office, USAccess, for PIV card enrollment and issuance. USAccess is a shared services
solution which is in line with OMB's Federal IT Shared Services Strategy and the President's
Management Agenda.55
EPA is in compliance with 5 CFR 1400, which requires that federal and non-federal positions are
re-designated for both risk and sensitivity and that personnel have appropriate background
investigations commensurate with their position's risk and sensitivity designation. EPA will
continue to manage the personnel security, suitability, fitness, and NSI programs and conduct
background investigations following appropriate federal guidance, ensuring that personnel are
properly investigated for the positions they encumber and that classified material and activity is
properly handled. As federal guidelines and policies change, or are introduced, the systems
supporting background investigations and the NSI Program will be updated and enhanced (as
needed).
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$369.0) This program change reduces funding for physical security and preparedness
infrastructure. The Agency will focus on performing the highest priority annual facility
assessments.
Statutory Authority:
Intelligence Reform and Terrorism Prevention Act of 2004; Privacy Act of 1974; REAL ID Act
of 2005; Homeland Security Act of 2002; Americans with Disabilities 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 statute).
55 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploadsQ018/03/Presidents-Management-
Agenda.pdf.
247
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Indoor Air and Radiation
248
-------
Indoor Air: Radon Program
Program Area: Indoor Air and Radiation
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$16.7
$143.0
$0.0
-$143.0
Total Budget Authority
$2,659.3
$3,279.0
$0.0
-$3,279.0
Total Workyears
9.1
9.0
0.0
-9.0
Program Project Description:
Title III of the Toxic Substances Control Act (TSCA) authorizes EPA to undertake a variety of
activities to address the public health risk posed by exposure to indoor radon. Under the statute,
EPA studies the health effects of radon, assesses exposure levels, sets an action level, provides
technical assistance, and advises the public of steps they can take to reduce exposure. For over 30
years, EPA's radon program has provided important guidance and significant funding to help
states establish their own programs.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$3,136.0 / -9.0 FTE) This funding change proposes to eliminate the Indoor Air: Radon
Program in the EPM account.
Statutory Authority:
Title III of the Toxic Substances Control Act (TSCA); Clean Air Act.
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Radiation: Protection
Program Area: Indoor Air and Radiation
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Science & Technology
$2,794.7
$1,781.0
$1,047.0
-$734.0
Hazardous Substance Superfiind
$1,768.6
$1,985.0
$2,122.0
$137.0
Total Budget Authority
$15,443.8
$11,758.0
$5,639.0
-$6,119.0
Total Workyears
57.4
53.8
25.0
-28.8
Program Project Description:
EPA has general and specific duties to protect human health and the environment from harmful
and avoidable exposure to radiation under multiple statutes. This includes the Atomic Energy Act;
Clean Air Act; Comprehensive Environmental Response, Compensation and Liability Act; Energy
Policy Act; Nuclear Waste Policy Act; Public Health Service Act; Safe Drinking Water Act;
Uranium Mill Tailings Radiation Control Act; Waste Isolation Pilot Plant Land Withdrawal Act;
Marine Protection, Research, and Sanctuaries Act; and Clean Water Act.
EPA's Radiation Protection Program carries out these responsibilities through its federal guidance
and standard-setting activities, including: regulatory oversight and implementation of radioactive
waste disposal standards at the Department of Energy's (DOE) Waste Isolation Pilot Plant
(WIPP); 56 the regulation of airborne radioactive emissions; and the development and determination
of appropriate methods to measure radioactive releases and exposures under Section 112 of the
Clean Air Act.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Improve Air Quality in the
FY 2018-2022 EPA Strategic Plan. EPA will meet its statutory obligation to implement its
regulatory oversight responsibilities for DOE activities at the Waste Isolation Pilot Plant (WIPP)
facility, as mandated by the Congress in the WIPP Land Withdrawal Act of 1992. EPA also will
review and update regulation or guidance, as necessary.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
56 For additional information, please see: http://www.epa.gov/radiation/wipp/background.html.
250
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$172.0) This change is an increase due to the recalculation of base payroll costs.
• (-$5,694.0 / -24.6 FTE) This program change reduces support to activities in the Radiation:
Protection Program to focus agency resources on priority activities, including
implementation of waste disposal standards at the WIPP.
Statutory Authority:
Atomic Energy Act of 1954; Clean Air Act; Energy Policy Act of 1992; Nuclear Waste Policy Act
of 1982; Public Health Service Act; Safe Drinking Water Act; Uranium Mill Tailings Radiation
Control Act (UMTRCA) of 1978; Waste Isolation Pilot Plant Land Withdrawal Act of 1992;
Marine Protection, Research, and Sanctuaries Act; Clean Water Act.
251
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Radiation: Response Preparedness
Program Area: Indoor Air and Radiation
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$2,545.0
$3,089.0
$4,167.0
$1,078.0
Total Budget Authority
$4,623.1
$5,285.0
$6,517.0
$1,232.0
Total Workyears
26.3
33.3
31.5
-1.8
Program Project Description:
EPA generates policy guidance and procedures for the Agency's radiological emergency
response under the National Response Framework (NRF) and the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). The Agency maintains its own Radiological
Emergency Response Team (RERT) and is a member of the Federal Radiological Preparedness
Coordinating Committee (FRPCC) and the Federal Advisory Team for Environment, Food and
Health (the "A-Team"). EPA continues to respond to radiological emergencies; conducts essential
national and regional radiological response planning and training; and develops response
plans for radiological incidents or accidents.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Improve Air Quality in the
FY 2018-2022 EPA Strategic Plan. In FY 2021, EPA will continue to evaluate its resources and
streamline activities across radiological emergency response activities and assets to focus on
essential preparedness work. The RERT will maintain essential readiness to support federal
radiological emergency response and recovery operations under the NRF and NCP. EPA will
participate in interagency training and exercises to maintain the RERT's ability to fulfill
EPA's responsibilities.
Evaluation of Response Plans
In FY 2021, EPA will continue to work with interagency partners under the FRPCC to revise
federal radiation emergency response plans and develop radiological emergency response
protocols and standards as resources dictate. The Agency will continue to implement the
Protective Action Guidance57 and use guidance addressing lessons learned from incidents and
57 For additional information, please see: https://www.epa.gov/sites/production/files/2017-
OlVdociroients/epa pag manual final revisions 01-11-2017_cover_disclaimer 8.pdf.
252
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exercises to ensure the effective delivery of EPA support in coordination with other federal and
state response agencies.
Coordinating Preparedness Efforts
EPA will continue essential planning and participation in interagency table-top and field
exercises, including radiological anti-terrorism activities with the Nuclear Regulatory
Commission (NRC), the Department of Energy (DOE), the Department of Defense (DoD),
and the Department of Homeland Security (DHS). The Agency also will provide technical
support on priority issues to federal and state radiation, emergency management, solid waste
and health programs responsible for radiological emergency response and preparedness
programs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$359.0) This change is an increase due to the recalculation of base payroll costs.
• (-$205.0 / -1.1 FTE) This program change decreases technical support for stakeholders that
are responsible for radiological emergency response.
Statutory Authority:
Homeland Security Act of 2002; Atomic Energy Act of 1954; Clean Air Act; Post-Katrina
Emergency Management Reform Act of 2006 (PKEMRA); Public Health Service Act (PHSA);
Robert T. Stafford Disaster Relief and Emergency Assistance Act; Safe Drinking Water Act
(SDWA).
253
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Reduce Risks from Indoor Air
Program Area: Indoor Air and Radiation
Goal: A Cleaner, Healthier Environment
Objective(s): Improve Air Quality
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$216.7
$136.0
$0.0
-$136.0
Total Budget Authority
$11,148.3
$11,763.0
$0.0
-$11,763.0
Total Workyears
34.7
37.2
0.0
-'ill
Program Project Description:
Title IV of the Superfund Amendments and Reauthorization Act of 1986 (SARA) authorizes EPA
to conduct and coordinate research on indoor air quality, develop and disseminate information,
and coordinate risk reduction efforts at the federal, state, and local levels. EPA utilizes a range of
strategies, including partnerships with non-governmental, professional, federal, state and local
organizations, to educate and prepare individuals, school districts, industry, the health care
community, and others to take action to reduce health risks from poor indoor air quality in homes,
schools, and other buildings.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$11,627.0 / -35.8 FTE) This funding change proposes to eliminate the Reduce Risks from
Indoor Air Program in the EPM account.
Statutory Authority:
Title III of the Toxic Substances Control Act (TSCA); Clean Air Act; and Title IV of the Superfund
Amendments and Reauthorization Act of 1986 (SARA).
254
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Information Exchange
255
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Children and Other Sensitive Populations: Agency Coordination
Program Area: Information Exchange / Outreach
Goal: A Cleaner, Healthier Environment
Objective(s): Ensure Safety of Chemicals in the Marketplace
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$5,903.7
$6,173.0
$2,704.0
-$3,469.0
Total Workyears
17.1
18.4
9.9
-8.5
Program Project Description:
The Program coordinates and advances the protection of children's environmental health across
EPA by: assisting with developing regulations; improving risk assessment and science policy;
implementing community-level outreach and education programs; and tracking indicators of
progress on children's health. In addition, the work of the Program is directed by EPA's recently
reaffirmed Policy on Evaluating Health Risks to Children,58 Executive Order 13045 Protection of
Children's Health from Environmental Health Risks and Safety Risks, statutory authorities
addressing children's environmental health, and other existing guidance.59 The Program supports
the President's Task Force on Environmental Health Risks and Safety Risks to Children, co-
chaired by EPA and the U.S. Department of Health and Human Services Deputy Secretary. The
Program coordinated the development of the Federal Action Plan to Reduce Childhood Lead
Exposures and Associated Health Effects,60 which was finalized in December 2018.
In FY 2019, the Program accomplished the following: contributed to the development of 80
regulations, scientific assessments and/or policies including the Lead and Copper Rule under the
Safe Drinking Water Act, and additional actions under the Food Quality Protection Act, Clean
Water Act, Clean Air Act, and Toxic Substances Control Act, among others; advanced the state of
understanding by writing and presenting eleven scientific papers and presentations; and
coordinated three in person plenary meetings of the Children's Health Protection Advisory
Committee61 and launched review of charge questions to improve the Agency's risk
communication related to the protection of children's environmental health.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.4, Ensure Safety of Chemicals in the
Marketplace in the FY2018 - 2022 EPA Strategic Plan. In FY 2021, the Program will:
58 For more information, please refer to: https://www.epa.gov/sites/production/files/2018-
10/documents/childrens health policy reaffirmation memo. 10.11.18.pdf.
59 For more information, please refer to: https://www.epa.gov/children/historv-childrens-environmental-health-protection-epa.
60 For more information, please refer to: https://www.epa.gov/sites/production/files/201.8-
12/documents/fedactionplan lead final.pdf.
61 For more information, please refer to: https://www.epa.gov/children/childrens-health-protection-advisorv-committee-chpac.
256
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• Continue to serve as co-lead for the interagency efforts of the President's Task Force on
Environmental Health Risks and Safety Risks to Children alongside the Department of
Health and Human Services. This effort will focus on co-chairing the Senior Steering
Committee and coordinating cross-federal activities related to topics such as asthma
disparities and implementation of the Federal Action Plan to Reduce Childhood Lead
Exposures and Associated Health Impacts. Each of the four goals of the Federal Lead Action
Plan has specific objectives and associated activities which are tracked by member agencies
of the Task Force.62 They are as follows: Goal 1: Reduce children's exposure to lead
sources; Goal 2: Identify lead-exposed children and improve their health outcomes; Goal
3: Communicate more effectively with stakeholders; and Goal 4: Support and conduct
critical research to inform efforts to reduce lead exposures and related health risks. This
work supports the FY 2020 - 2021 Agency Priority Goal: Reduce childhood lead exposures
and associated health impacts.
• Identify both potential health benefits and/or health risks to children during the
development of agency regulations and policies with targeted participation on regulatory
workgroups.
• Coordinate in-person plenary meetings of the Children's Health Protection Advisory
Committee.
• Support and administer the proposed Healthy Schools Grant Program to provide funding
to identify, prevent, reduce, and resolve environmental hazards in public, private not-for-
profit, and faith-based pre-primary, primary, and secondary schools, including preventing
childhood lead exposure, reducing asthma triggers, promoting integrated pest management,
and reducing or eliminating childhood exposure to toxics in schools across all
environmental media.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$231.0) This change is an increase due to the recalculation of base payroll costs.
• (-$3,700.0 / -8.5 FTE) This net program change concentrates EPA's efforts on the
development of agency regulations and policies with potential health risks to children by
streamlining other activities including Pediatric Environmental Health Specialty Units,
regionally selected community-based projects addressing local children's environmental
health issues, and other children's health efforts.
62 For more information, please refer to: https://ptfceh.niehs.nih.gov/about/iiidex.htm.
257
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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 statute); Toxic Substances Control Act (TSCA); Safe
Drinking Water Act (SDWA); Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Food
Quality Protection Act (FQPA).
258
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Environmental Education
Program Area: Information Exchange / Outreach
Goal: More Effective Partnerships
Objective(s): Increase Transparency and Public Participation
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$8,597.1
$8,580.0
$0.0
-$8,580.0
Total Workyears
9.2
9.2
0.0
-9.2
Program Project Description:
The Environmental Education (EE) Program provides guidance and financial support to both rural -
and urban-focused grassroots and nonprofit organizations, local educational institutions,
universities, community colleges, and state and local environmental agencies. Financial support
from EE received by these entities is via the competitive grants process and cooperative
agreements. EE also administers the Presidential Environmental Education Awards Program.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. EPA will continue
to find ways to streamline education activities and leverage funding outside the Agency for
environmental stewardship activities via existing cooperative agreements and at the state and local
level.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$8,580.0 / -9.2 FTE) This funding change proposes to eliminate the Environmental
Education Program.
Statutory Authority:
National Environmental Education Act (NEEA); Clean Air Act (CAA), § 103; Clean Water Act
(CWA), § 104; Solid Waste Disposal Act (SWDA), § 8001; Safe Drinking Water Act (SDWA), §
1442; Toxic Substances Control Act (TSCA), § 10; Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), § 20.
259
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Exchange Network
Program Area: Information Exchange / Outreach
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Streamline and Modernize
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$1,424.8
$1,328.0
$1,293.0
-$35.0
Total Budget Authority
$18,515.1
$16,512.0
$13,621.0
-$2,891.0
Total Workyears
27.8
30.2
30.2
0.0
Program Project Description:
EPA's Environmental Information Exchange Network (EN) is a standards-based, secure approach
for EPA and its state, tribal, and territorial partners to exchange and share environmental data over
the internet. Capitalizing on advanced technology, data standards, open-source software, shared
services for the E-Enterprise business strategy, and reusable tools and applications, the EN offers
its partners tremendous capabilities for managing and analyzing environmental data more
effectively and efficiently, leading to improved decision-making.
The Central Data Exchange (CDX)63 is the largest component of the EN Program and serves as
the point of entry on the EN for environmental data transactions with the Agency. CDX provides
a set of core shared services that promote a leaner and more cost-effective service framework for
the Agency by avoiding the creation of duplicative applications. It enables faster and more efficient
transactions for internal and external EPA clients, resulting in reduced burden. Working in concert
with CDX is EPA's System of Registries, which is a system of shared data services designed to
enhance efficiency, reduce burden on the regulated community, and improve environmental
outcomes.
These shared data services catalog entities routinely referenced by EPA and EN partners, from
commonly regulated facilities and substances to the current list of federally recognized tribes. They
identify the standard or official names for these assets, which, when integrated into EPA and
partner applications, foster data consistency and data quality as well as enable data integration.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.4, Streamline and Modernize in the
FY 2018 - 2022 EPA Strategic Plan. In FY 2021, EPA will continue to support core functions for
the EN information technology (IT) systems, which is in line with the President's Management
Agenda for IT modernization and data, accountability, and transparency.64
63 For more information on the Central Data Exchange, please visit: littp://www.epa. gov/cdx/.
64 For additional information, please refer to: https://www.whitehouse.gov/omb/management/pma/.
260
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In FY 2021, the EN Program will continue to be a pivotal component of the E-Enterprise for the
Environment strategy that supports business process change agencywide. The E-Enterprise
strategy - jointly governed by states, tribes, and EPA - rethinks how government agencies deliver
environmental protection. Under this strategy, the Agency is streamlining business processes and
systems to reduce reporting burden on states and regulated facilities, and to improve the
effectiveness and efficiency of environmental programs for EPA, states, and tribes. In FY 2019,
the Agency developed an identity management service that eliminated redundant and time-
consuming user registrations across environmental programs and partners. As a result, the E-
Enterprise Portal transforms the EN to a more open platform of services and makes environmental
data reporting, sharing, and analysis faster, simpler, and less expensive.
EPA aims to reduce burden and avoid costs when improving IT. The Agency has provisioned 70
Virtual Exchange Services (VES) or virtual nodes to facilitate large-scale data transactions
supporting 19 states and over 88 tribal partners, with another 20 anticipated by the end of FY 2020.
The VES electronic signature service supports 62 partner exchanges to date and six more are
expected in FY 2020. EPA estimates implementation of these services resulted in cost avoidance
of approximately $2.3 million for the 19 partner states, who otherwise would have built and
managed exchange services independently. EPA will continue to carry out the baseline support for
the adoption and onboarding of VES and associated services for EPA and its partners.
In FY 2021, EPA will continue to maintain the EPA Federal Regulation Finder, a public-facing
digital service that was deployed to the E-Enterprise Portal65 in Q2 of FY 2020. The EPA Federal
Regulation Finder integrates multiple shared services into a discovery tool that helps industry and
the public to more easily identify potentially applicable regulations. It integrates three catalogs: a
substance catalog (Substance Registry Services [SRS]); an Enterprise Vocabulary; and a catalog
of federal statutes and regulations (Laws and Regulations Services) to enable a user to search for
laws and regulations by substance or keyword. In FY 2021, enhancements to the EPA Federal
Regulation Finder may include expanding this tool to allow users to search in the North American
Industrial Classification System and establishing additional shared data services, such as zip codes,
countries, and counties, so that EPA systems no longer must manage these data, instead relying on
the centralized services.
Multiple performance efforts also use exchange services and registries (shared data services) to
improve data quality in EPA, state, and tribal program data, and to reduce reporting burden on the
regulated community. EPA will continue to promote the adoption of the Tribal Identification
(TRIBES) shared service by tracking its use by EPA systems that collect tribal names. In FY 2019,
EPA increased the number of EPA systems using TRIBES services by 58 percent, from 12 to 19
systems.
EPA also tracks the number of registry webpages users and web service hits as one measure of
usage. For example, the SRS website is visited by approximately 50,000 users per month; many
of these users visit SRS to understand regulatory information about chemicals. SRS also receives
between 20,000 and 140,000 web service hits per month (depending on reporting cycles), mostly
by EPA systems that have incorporated the web services into their online reporting forms.
65 For additional information, please refer to: https://www.e-enterprise.gov/workbench.
261
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Priorities for EPA registries include improving registry technologies by moving them into an open-
source platform so they are cloud-ready. In FY 2021, EPA will maintain the registries at FY 2020
levels, and selectively move them into open-source platforms. EPA will expand the number of
EPA and partner systems that integrate registry services into their online reports and systems,
reducing burden and improving data quality. This includes updating EPA's dataset registry to
allow EPA scientists, external partners, and others to share information and make information
easier to find in the cloud.
In FY 2021, EPA will continue to work with the Department of Homeland Security's Customs and
Border Protection (CBP) to maintain systems that support the importation process of products that
are of dual interest to EPA and CBP. EPA will support mission essential activities of EPA and
CBP data exchanges in FY 2021. Such electronic reporting will aid enforcement coordinators by
automating a currently manual review process and allowing them to focus on key high-value
monitoring and targeting activities for noncompliant imports.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$659.0) This change is an increase due to recalculation of base payroll costs.
• (-$3,515.0) This net program change streamlines quality assurance of registries; refocuses
modernization efforts; and reduces the collection and exchange of environmental data with
states, tribes, and regulated entities.
Statutory Authority:
Federal Information Security Management Act (FISMA); Clean Air Act (CAA); Clean Water Act
(CWA); Toxic Substances Control Act (TSCA); Federal Insecticide Fungicide and Rodenticide
Act (FIFRA); Resource Conservation and Recovery Act (RCRA); Government Performance and
Results Act (GPRA); Government Management Reform Act (GMRA); Clinger-Cohen Act (CCA).
262
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Executive Management and Operations
Program Area: Information Exchange / Outreach
Goal: More Effective Partnerships
Objective(s): Enhance Shared Accountability
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$51,243.2
$47,259.0
$43,784.0
-$3,475.0
Total Workyears
290.5
272.9
235.6
-37.3
Total workyears in FY 2021 include 2.0 FTE to support Executive Management and Operations working capital fund
(WCF) services.
Program Project Description:
The Executive Management and Operations Program supports various offices that provide direct
executive and logistical support to EPA's Administrator. In addition to the Administrator's
Immediate Office (10), the Program supports the Office of Congressional and Intergovernmental
Relations (OCIR), Office of Administrative and Executive Services (OAES), Office of the
Executive Secretariat (OEX), the Office of Public Affairs (OPA), and the Office of Public
Engagement (OPE).
The Program also supports EPA's Regional Administrators' offices. The Program's management,
coordination, and policy activities link the Agency's engagement with outside entities, including:
Congress, state and local governments, nongovernmental organizations, national and community
associations, and the public.
Within the Program, key functions include: responding to congressional requests for information;
coordinating and providing outreach to state and local governments and rural communities; and
supporting press and other communications activities. The Program also supports administrative
management services involving correspondence control and records management systems, human
resources management, budget formulation and execution, and information technology
management services.
In July 2019, EPA completed implementation of centralized FOIA processing, which will provide
greater efficiencies, improved responsiveness and transparency consistent with the statute's intent.
OEX assumed sole responsibility for and control over the centralized organization, processes and
procedures. During FY 2019, OEX closed 731 FOIA requests, nearly as many as FY 2016, FY
2017 and FY 2018 combined. At its height, the backlog of open requests was more than 1,500 with
510 new requests received during the FY. Net backlog at the conclusion of FY 2019 was 1,184
open requests.
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FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 2/Objective 2.1, Enhance Shared Accountability in
the FY 2018 - 2022 EPA Strategic Plan.
In FY 2021, the Program will continue providing management, leadership, and direction to all of
EPA's programs and activities and develop the guidance necessary to ensure achievement of the
Agency's core statutory responsibilities. In FY 2021, resources of the Program will primarily
support critical needs for staff, including travel and workforce support.
OCIR serves as EPA's principal point of contact for Congress, regions, states, and local
governments and as the coordination point for interaction with other agency offices and officials.
In FY 2021, OCIR will continue to regularly review and evaluate its processes for responding to
congressional and intergovernmental correspondence and FOIA requests; prepare for hearings or
briefings; provide technical assistance; and coordinate with EPA's program offices, regional
offices, states, local officials, and associations. In FY 2019, OCIR prepared for 12 congressional
hearings and responded to 675 congressional and gubernatorial letters. In addition, OCIR is
advancing the agencywide metric on increasing the number of grant commitments met. OCIR is
comprised of two main components: the Office of Congressional Affairs (OCA) and Office of
Intergovernmental Relations (OIR). Interactions with Congress are managed out of the Office of
Congressional Affairs. The Office of Intergovernmental Relations manages interactions with state
and local governments and serves as the liaison for the Agency with national associations for state
and local officials. In FY 2021, OCA will prepare EPA officials for hearings, oversee responses
to written inquiries and oversight requests from members of Congress, and coordinate and provide
technical assistance and briefings on legislative areas of interest to members of Congress and their
staff. OIR will continue to inform state and local governments of regulatory and other EPA
activities. Additionally, OIR will lead the Agency's efforts to support productive working
relationships with states through a renewed focus on more effective partnerships.
The Office of Public Affairs (OPA) facilitates the exchange of information between EPA and the
public, media, Congress, and state and local governments; broadly communicates EPA's mission;
assists in public awareness of environmental issues; and informs EPA employees of important
issues that affect them. Annually, OPA issues nearly 1,500 press releases; responds to
approximately 8,000 media inquiries; and oversees more than 150 audio-visual productions, 500
graphic productions, 2,700 event photographs, and 40 portraits. In addition, in terms of digital
media, OPA receives over 160 million impressions on the internet, including www.epa.gov and
EPA social media accounts, and posts nearly 100 unique EPA homepage internet news
banners. Also, to facilitate communications with EPA employees nationwide, OPA annually posts
over 200 intranet banners; issues 48 issues of a weekly e-newsletter - This Week @ EPA - with a
total of 240 articles; and sends more than 100 agencywide employee Mass Mailers from EPA's
Administrator and other senior leaders. In FY 2021, OPA will continue to inform the media of
agency initiatives and deliver timely, accurate information. The Office will continue to update the
Agency's internet site to provide stakeholders with transparent, accurate, and comprehensive
information on EPA's activities and policies. OPA will continue using social media, multimedia
and new media tools to provide stakeholders with information. The Office also will work with
EPA's programs and regional offices to improve employee communication; external
264
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communication on relevant environmental and human health risks; collaboration and engagement
with internal and external stakeholders; updates to the Agency's intranet site; and the use of other
communication tools.
As the central administrative management component of the Administrator's Office (AO), the
OAES provides advice, tools, and assistance to the AO's programmatic operations. In FY 2021,
OAES will continue to conduct the following activities: human resources management, budget and
financial management, information technology and security, and audit management.
In FY 2021, OEX will continue to provide critical administrative support to the Administrator,
Deputy Administrator, senior agency officials, and staff to comply with the statutory and
regulatory requirements under the Federal Records Act, FOIA, and related statutes and regulations.
OEX will continue to manage the AO's correspondence, records management, Privacy Act
implementation and FOIA activities. Responsibilities include: processing correspondence for the
Administrator and Deputy Administrator, reviewing and preparing documents for their signature,
and operating the Correspondence Management System, which provides paperless workflow,
tracking and records management capabilities to more than 3,000 EPA employees; managing the
Administrator's primary email account; serving as custodian of the Administrator's, Deputy
Administrator's, and Immediate Office records and overseeing the records management program
for all AO staff offices; and reviewing and issuing ethics determinations for gifts received by the
Administrator and Deputy Administrator. The Office also manages the privacy program for the
AO and monitors, reviews and audits AO systems of records. Finally, OEX manages FOIA-related
operations for the AO.
In FY 2021, OPE will continue providing advice to the Administrator and senior staff on activities
surrounding different stakeholder groups, including generating and distributing outreach plans for
most regulatory actions. Such plans often include: meeting regularly with stakeholder groups to
communicate the Administration's agenda at EPA, providing advance notification
communications to relevant stakeholder groups on upcoming regulatory actions, facilitating in-
state visits by the Administrator and/or senior staff to collect regulatory feedback, communicating
key dates to stakeholders pertaining to opportunities to comment on EPA rulemakings, and
organizing conference calls on regulatory topics with impacted stakeholders.
Performance Measure Targets:
(PM STl) Percentage of grant commitments achieved by states, tribes, and local communities.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
No Target
Established
No Target
Established
No Target
Established
TBD
Percent
Actual
N/A
N/A
Numeralor
Commit-
ments
Denominalor
265
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(PM ST2) Number of alternative shared governance approaches used to address state, tribal, and local
community reviews.
I V 2014
I V 2015
I V 201(.
I V 20 r
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
No Target
Established
3
20
20
Alternative
Approaches
Actual
0
14
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$2,032.0) This change is an increase due to the recalculation of base payroll costs.
• (-$5,507.0 / -37.3 FTE) This program change reflects EPA's efforts to focus on carrying
out the Agency's core mission, our shared responsibilities with states, localities, tribal
nations, and regulatory relief.
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 statute); Environmental Research, Development, and
Demonstration Authorization Act (ERDDAA).
266
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Small Business Ombudsman
Program Area: Information Exchange / Outreach
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Create Consistency and Certainty
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$1,906.9
$1,824.0
$1,983.0
$159.0
Total Workyears
6.4
4.6
4.6
0.0
Program Project Description:
The Small Business Ombudsman Program includes the Asbestos and Small Business Ombudsman
(ASBO),66 as well as the Small Business Advocacy Chair and other small business activities
located in the Office of Policy's Office of Regulatory Policy and Management.67 The Program
provides a comprehensive suite of resources, networks, tools, and forums for education and
advocacy on behalf of small businesses and leads EPA's implementation of the Regulatory
Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act. For
example, in FY 2019, ASBO provided a newsletter and worked with state partners to coordinate a
comprehensive environmental compliance and education training conference.
The ASBO serves as the Agency's principal advocate for small business regulatory issues through
its partnership with EPA Regional Small Business Liaisons, state Small Business Environmental
Assistance Programs (SBEAPs)68 nationwide, the U.S. Small Business Administration Office of
Advocacy, and hundreds of small business trade associations. These partnerships provide the
information and perspective EPA needs to help small businesses achieve their environmental
goals.
Overall, the core functions of the Small Business Ombudsman Program include assisting EPA's
program offices with analysis and consideration of the impact of their regulatory actions on small
businesses; engaging small entity representatives, and other federal agencies in evaluating the
potential impacts of rules; operating and supporting the Program's hotline and homepage; and
supporting internal and external small business activities. The Program helps small businesses
learn about new actions and developments within EPA and helps the Agency learn about the
concerns and needs of small businesses. Based on the Agency's overall small business regulatory
and environmental compliance assistance efforts, EPA has earned a grade of "A" in the last 13
66 For more information, please see: https://www.epa.gov/resources-small-businesses/asbestos-small-business-
ombudsman.
67 For more information, please see: https://www.epa.gOv/aboutepa/about-office-policy-op#ORPM.
68 For more information, please see: https://nationalsbeap.org/.
267
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Small Business Administration (SBA) Office of the National Ombudsman Annual Reports to
Congress.69
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Create Consistency and Certainty in
the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the Program will:
• Improve environmental protection by working with EPA program offices and state
SBEAPs to share information and leverage resources, provide compliance assistance
resources and enhance the compliance assistance tool box available to the small business
community.
• Enhance engagement with state SBEAP partners through a new, expanded cooperative
agreement, which supports collaboration on a national level with state SBEAPs and EPA.
This upcoming ASBO funded cooperative agreement will support the expansion of the
SBEAP website (www.nationalsbeap.org) and other SBEAP communication tools,
including a new compliance assistance web-resource, dedicated to non-English speaking
small businesses. Additionally, this cooperative agreement will allow for financial support
to fund a state SBEAP in hosting and managing the National SBEAP annual training event.
This annual event is an important collaboration and face-to-face opportunity for EPA and
state SBEAP programs to listen to and support one another in their mission to assist small
business regulatory compliance assistance.
• Institute an updated monitoring method for the state SBEAP programs throughout the
country. In the past ASBO has requested each state SBEAP complete an annual reporting
form, which collected small business assistance and budget data, including common
outputs and outcomes for program success, from all state programs. A new, less
burdensome data collection (beta) process will be established to help monitor and
periodically report on the effectiveness of state SBEAPs in assisting small businesses on
environmental regulatory compliance.
• Explore options for reinvigorating and formalizing the collaboration of regional EPA
contacts to engage in localized small business program developments, regulatory updates,
training support and compliance assistance under the ASBO Program.
• Expand communication and outreach to ASBO's stakeholders with a newly developed
ASBO resource guide and updated online communication resources. These new or updated
communication tools will target internal EPA customers, which require assistance in
considering small business impacts in the rule development process. The tools also will
target external customers, such as national trade associations, state SBEAPs and the general
small business community. This will help clarify the services that the program provides to
support small entity environmental compliance.
69 For more information, please see: https://www.sba.gov/sites/default/files/2019-
04/SBA ombudsman Annual Report to Congress 2017.PDF.
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• Strengthen the Agency' s collaboration to listen to and follow up on small business industry
issues, as defined by small business trade associations, during the annual EPA Deputy
Administrator Small Business Meeting. This meeting is typically organized and hosted by
ASBO for the Deputy Administrator. ASBO plans to survey participants for this meeting
(along with other ASBO hosted events) to better meet the needs and improve meeting
outcomes for small entity engagement.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$72.0) This change is an increase due to the recalculation of base payroll costs.
• (+$87.0) This program change is a slight increase to maintain communication with small
businesses about new actions and developments within EPA.
Statutory Authority:
Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121, as amended by
Pub. L. 110-28; Small Business Paperwork Relief Act, 44 U.S.C. 35; 42 U.S.C. § 7661f;
15 U.S.C. §§ 2641-2656.
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Small Minority Business Assistance
Program Area: Information Exchange / Outreach
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Create Consistency and Certainty
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$1,411.3
$987.0
$1,080.0
$93.0
Total Workyears
6.1
7.6
7.6
0.0
Program Project Description:
EPA's Office of Small and Disadvantaged Business Utilization (OSDBU) manages the Agency's
Small Business Contracting Program mandated under Section 15(k) of the Small Business Act, 15
U.S.C. § 644(k). As prescribed under that section, the Program provides expertise in ensuring
small business prime and subcontracting opportunities to expand EPA's competitive supplier base
in furthering the Agency's mission. Under the Program, OSDBU provides EPA's contracting
community statutorily required counseling and training on all aspects of governing small business
requirements throughout the federal acquisition cycle. It also engages in statutorily mandated
advocacy on behalf of the various categories of small businesses, including, disadvantaged
businesses; certified small businesses located in Historically Underutilized Business Zones
(HUBZones); service-disabled veteran-owned small businesses (SDVOSBs); and women-owned
small businesses. In accordance with Section 15(k), OSDBU further hosts and participates in an
average of one small business outreach and training conference each month, providing needed
technical assistance to hundreds of small businesses across the country.
In implementing the many statutory responsibilities required under Section 15(k), OSDBU reviews
acquisition strategies to maximize small business procurement opportunities; provides expertise
in conducting market research for EPA acquisitions; performs contract bundling reviews to avoid
unnecessary or unjustified limitations on small business utilization; reviews purchase card
transactions within the statutory threshold; and evaluates large prime contractor subcontracting
plans. In addition, OSDBU reviews unsolicited proposals for agency acquisitions and assists small
businesses in resolving payment issues under EPA acquisitions. It further provides a broad range
of training, outreach, and technical assistance to new and prospective small business awardees.
Historically, data reported in the Federal Procurement Data Systems indicates that EPA awards an
average of 40 percent of total acquisition dollars to small businesses annually - far exceeding the
government-wide goal of 23 percent.
EPA has earned an "A" on SBA's last 10 government-wide Small Business Procurement
Scorecards70 for the Agency's record of excellence in affording small business contracting
opportunities. EPA also received a special Certificate of Recognition from the U.S. Small Business
70 For more information, please see: https://www.sba.gov/sites/default/files/2019-06/EPA.pdf.
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Administration for being one of only a handful of federal agencies to achieve that record.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Create Consistency and Certainty in
the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the Program will:
• Expand EPA's electronic tools and mechanisms for identifying the projected contracting
spend of individual offices to more effectively align small business contracting
opportunities and structure agencywide small business vehicles to achieve greater
efficiencies, costs savings, and value consistent with the President's Management Agenda
Cross-Agency Goal 7 for Category Management. In FY 2019, OSDBU crafted a strategy
for ensuring the maximum practicable utilization of small businesses in agency acquisitions
of common goods and services within the Category Management framework. Building on
that strategy, in FY 2021, OSDBU will continue efforts to support the implementation of
the government-wide Category Management initiative by training EPA's Small Business
Specialists to serve as designated experts in each of EPA's primary categories of common
contracting spend.
• Strengthen EPA's small business subcontracting program by providing contracting officer
training on maximizing small business subcontracting opportunities and by developing a
monitoring program to ensure large business compliance with their required small business
subcontracting plans. EPA fully implemented the newly enacted provisions of Section
15(k)(20), which require each agency OSDBU to review all subcontracting plans to "ensure
that the plan provides the maximum practicable opportunity for small business concerns."
In addition to dedicating resources to conduct the reviews, in FY 2019, OSDBU
standardized the review procedures. The training and compliance monitoring program
planned for FY 2021 will further assist in expanding the utilization of small businesses on
the subcontracting level.
• Issue a comprehensive small business contracting manual that will streamline, standardize,
and simplify EPA's small business contracting processes and procedures to strengthen
operational efficiency, effectiveness, and compliance with governing statutory
requirements. The manual will serve as a centralized and authoritative repository of internal
EPA small business contracting requirements, guidance, processes, and procedures. It will
be accessible electronically agencywide.
• Leverage existing and emerging collaborative tools, resources and technology to provide
important small business technical assistance required under Section 15(k) of the Small
Business Act, including releasing a new small business resource guide and electronic
information to educate a broad and diverse spectrum of small businesses. In addition to
supporting small businesses seeking to do business with the federal government, the
planned access to additional information also will assist EPA in maintaining a qualified
small business industrial base to help meet the Agency's mission needs.
• Continue to build on successes in refining OSDBU's Small Business Contracting
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Dashboard issued in FY 2018, by working with a contractor to develop an automated
process to report granular real-time small business goal accomplishments to inform the
Agency's acquisition planning and strategies. In FY 2019, OSDBU explored available
vendor solutions for more granular reporting. During FY 2021, OSDBU will collaborate
with EPA's contracting office to engage contractor support to develop the automated
reporting process.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$290.0) This change is an increase due to the recalculation of base payroll costs.
• (-$197.0) This program change reflects the fact that EPA will prioritize activities to
maintain compliance with its statutory obligations under the Small Business Act.
Statutory Authority:
15 U.S.C § 644(k).
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State and Local Prevention and Preparedness
Program Area: Information Exchange / Outreach
Goal: A Cleaner, Healthier Environment
Objective(s): Revitalize Land and Prevent Contamination
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Total Budget Authority
$12,588.0
$13,594.0
$10,862.0
-$2,732.0
Total Workyears
53.3
63.1
46.9
-16.2
Program Project Description:
The State and Local Prevention and Preparedness Program establishes a structure composed of
federal, state, local, and tribal partners who work together with industry to protect emergency
responders, local communities, facility workers, the environment, and property from chemical
accident risks through accident prevention and emergency response programs, community and
facility engagement, and improved safety systems. This framework provides the foundation for
community and facility chemical hazard response planning, and reduction of risk posed from
chemical facilities.
Under Section 112(r) of the 1990 Clean Air Act (CAA) Amendments, chemical facilities that store
more than a certain amount of listed extremely hazardous substances are required to implement a
Risk Management Plan (RMP) program. These facilities, known as RMP facilities, take preventive
measures; report data; mitigate and/or respond to chemical releases; and work with communities,
response, and planning groups to increase understanding of risks.71
The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 was created to
help communities plan for chemical emergencies and to inform the public about chemicals in their
community. Under EPCRA, facilities are required to report about the chemicals they produce, use,
and store to state and local governments. States, tribes, and local governments use this information
to prepare communities for potential releases from these facilities through the development of local
emergency response plans.72
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Revitalize Land and Prevent
Contamination, in the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the State and Local
Prevention and Preparedness Program will perform the following activities:
71 For additional information, please refer to: fattps://www.epa.gov/mip.
72 For additional information, please refer to: https://www.epa.gov/epcra.
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• Inspect RMP and EPCRA facilities to ensure compliance with accident prevention and
preparedness regulations, and work with chemical facilities to reduce chemical risks and
improve safety. There are approximately 12,000 chemical facilities that are subject to the
RMP regulations. Of these, approximately 1,800 facilities have been designated as high-
risk based upon their accident history, quantity of on-site dangerous chemicals stored, and
proximity to large residential populations.73 EPA prioritizes inspections at high-risk
facilities.
• Provide basic and advanced RMP and EPCRA inspector training for federal and state
inspectors.
• Maintain the RMP national database, which is the Nation's premier source of information
on chemical process risks and contains hazard information on all RMP facilities. Industry
electronically submits updated RMPs to this secure database.
• Develop limited updates to the Computer-Aided Management of Emergency Operations
(CAMEO) software suite (i.e., the CAMEO Chemicals, CAMEO//??, Areal Locations of
Hazardous Atmospheres and Mapping Application for Response, Planning, and Local
Operational Tasks applications), which provides free and publicly available information
for firefighting, first aid, emergency planning, and spill response activities.
• Implement provisions of the final RMP Reconsideration rule, including drafting and
revising facility guidance, training EPA regional and delegated state agency inspectors on
revised rule provisions, and revising the RMP database to accept modified submissions.
EPA is proposing to develop a new program that would authorize EPA to collect and use fees for
compliance assistance which can assist RMP facilities in complying with EPA regulations. This
fee and service will be voluntary.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$964.0) This change is an increase due to the recalculation of base payroll costs.
• (-$3,696.0 / -16.2 FTE) This net program change reduces resources for technical support
and outreach. This change will eliminate grant support for certified RMP inspectors in FY
2021.
73 Located in the EPA RMP database.
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Statutory Authority:
The Emergency Planning and Community Right-to-Know Act (EPCRA); the Clean Air Act (C AA)
§ H2(r).
275
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TRI / Right to Know
Program Area: Information Exchange / Outreach
Goal: A Cleaner, Healthier Environment
Objective(s): Ensure Safety of Chemicals in the Marketplace
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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EnviroFacts77 and other databases in support of the public's access to TRI data. In FY 2021,
additional activities include continued streamlining of the application and database using the EPA
Lean Management System (ELMS) process to include feedback from users {i.e., communities,
academia, industry, states, and tribes) and the Program.
In FY 2021, the Program intends to collect performance data by conducting at least 600 data
quality checks that ensure the accuracy and completeness of the reported data and thereby improve
the Program's analyses of chemical releases and wastes. The Program will continue to publish the
annual TRI National Analysis78, which describes relevant trends in toxic chemical releases as well
as trends in other waste management practices and innovative approaches by industry to reduce
pollution.
Further, in advancing EPA's commitments as outlined in the FY 2020-2021 Agency Priority Goal
Per- and Polyfluoroalkyl Substances (PFAS) Action Plan, by September 30, 2021, EPA will meet
several of the designated Priority Action milestones to establish a framework to understand and
address PFAS. The TRI Program will continue to determine whether data and information are
available on PFAS to fulfill the statutory listing criteria and to publish a notice-and-comment
rulemaking should such data and information support the listing of those chemicals.79
As part of EPA's Toxic Substances Control Act (TSCA) Program, EPA is working to evaluate the
health and environmental risks of 10 chemicals identified by the Agency in December 2016, as
well as a further 20 high-priority chemicals designated in December 2019 and two other chemicals
pursuant to a manufacturer request. TSCA requires that additional chemicals will be selected for
evaluation in the future, maintaining 20 EPA-initiated evaluations on an on-going basis. Many
chemicals identified for evaluation also are likely to be TRI chemicals, and the TRI database has
provided information to support EPA's risk evaluation work. During FY 2021, as more TRI
chemicals undergo risk evaluation by EPA, the TRI Program will support those risk evaluations
by providing EPA risk assessors with information from the TRI database that can be used to
identify conditions of use, and evaluate and estimate occupational, general population, and
subpopulation exposures.
Since electronic systems that collect and disseminate TRI data largely have been developed
already, the focus will be on operations and maintenance of TRl-MEweb, TRIPS, and the
streamlining of business processes that contribute to quality control processes and the annual TRI
National Analysis. By leveraging Agency cloud services, the TRI systems will improve system
performance, reliability, efficiencies, portability, and administrative services (security, upgrades,
patches etc.) further reducing O&M cost. This also will improve integration/consistency with other
cloud-based systems and applications and will provide quicker data processing and enhance TRI's
analytical capabilities by using applications such as Qlik. Emphasis also will be placed on
optimizing search and data transfers within EnviroFacts, the system that provides public access to
the statutorily required data submitted by industry. Use of enterprise infrastructure and services as
77EnviroFacts may be accessed at: https://enviro.epa.gov/.
78 To access the TRI National Analysis, please visit: https://www.epa.gov/triiiationalanalysis. EPA publishes each National
Analysis approximately six months after that year's data are reports; the National Analysis onRY 2018 data will be made available
in early 2020.
79 Additional information may be found on pp. 18-19 of EPA's PFAS Action Plan, which may be accessed at:
https://www.epa.gov/sites/production/files/2019-02/documents/pfas_action_plan 021.31.9 508compliant l.pdf.
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well as a commitment to continuous service improvement will allow the Program to meet statutory
requirements for industry reporting and public access to TRI as efficiently as possible.
As required by the Emergency Planning and Community Right-to-Know Act (EPCRA), the
Agency will respond to EPCRA chemical petitions regarding TRI within 180 days after receipt.80
Petitions may request the addition or deletion of chemicals. Petitions also may address industry
sector coverage. The quantity and complexity of petitions are unknown until submitted to EPA.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$635.0) This change is an increase due to the recalculation of base payroll costs.
• (-$3,781.0 / -14.1 FTE) This program change: reduces funding for certain TRI trend and
comparative analyses, communication initiatives, and tool enhancements; refocuses the
TRI program to key Agency focus areas, such as supporting Agency PFAS work and the
TSCA Program; and reflects streamlining of the TRI Program as TRI information can
increasingly be accessed remotely via databases and web tools. This program change also
is a reduction in contractual costs for producing TRI annual reports as a result of the TRI
Electronic Reporting Rule.
• (-$944.0 / -2.1 FTE) This net program change reduces resources for operations and
maintenance for TRI tools in EnviroFacts, Data Processing Center operations, Help Desk
activities, and security upgrades. In addition, enhancements for TRI-MEweb and TRIPS
are eliminated, while facilitating the planned streamlining of the TRI Program, as TRI
information can increasingly be accessed remotely via databases and web tools.
Statutory Authority:
Emergency Planning and Community Right-to-Know Act (EPCRA) § 313; Pollution Prevention
Act of 1990 (PPA) § 6607.
80 Additional information on current petitions may be found at: https://www.epa.gov/toxics-release-iiive
release-inventory-laws-and-regulatory-activities.
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Tribal - Capacity Building
Program Area: Information Exchange / Outreach
Goal: More Effective Partnerships
Objective(s): Enhance Shared Accountability
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Total Budget Authority
$13,780.0
$13,072.0
$14,099.0
$1,027.0
Total Workyears
76.5
74.6
72.0
-2.6
Program Project Description:
EPA is responsible for protecting human health and the environment in Indian country under
federal environmental statutes. Under the Agency's 1984 Indian Policy,81 EPA works with
federally recognized tribes (tribes) on a government-to-government basis, in recognition of the
federal government's trust responsibility to tribes, to implement federal environmental programs.
In the 1984 Indian Policy, "EPA recognizes tribes as the primary parties for setting standards,
making environmental policy decisions, and managing programs for reservations consistent with
agency standards and regulations," therefore, EPA assists tribes in developing the programs to
make such decisions. In the absence of a program delegation to a tribe, the Agency directly
implements the Program. This program also supports the Categorical Grant: Tribal General
Assistance Grants Program.
EPA's American Indian Environmental Office leads agency wide efforts to ensure environmental
protection in Indian country. Please see http://www.epa.gov/tribal for more information.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 2/Objective 2.1, Enhance Shared Accountability in
the FY 2018 - 2022 EPA Strategic Plan. Overall, the Agency has made steady progress towards
strengthening human health and environmental protection on tribal lands. EPA will further its
priority of strengthening tribal partnerships and continue to work toward its goal of building tribal
capacity through a number of mechanisms in FY 2021. In addition, the Agency continues the direct
implementation assessment effort to better understand EPA's direct implementation
responsibilities and activities on a program-by-program basis in Indian country.
Capacity Building: EPA will continue to provide assistance and to support mechanisms for tribes
to pursue developing and implementing federal environmental programs, including the "treatment
in a manner similar to a state" (TAS) process and the use of the Direct Implementation Tribal
Cooperative Agreement (DITCA) authority. The Agency will continue to provide technical and
81 EPA Policy for the Administration of Environmental Programs on Indian Reservations, available at
https://www.epa.gov/tribal/epa-policv-administration-environmental-programs-indian-reservations-1984-indian-policv.
279
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financial assistance to ensure tribal governments have the opportunity to build the capacity to
meaningfully participate and engage in environmental protection activities. To date, EPA has
approved 83 TAS regulatory program delegations to tribes, including 20 approvals for compliance
and enforcement authority. EPA had 17 DITCAs with tribes in place in FY 2020.
Indian Environmental General Assistance Program (GAP) Capacity Building Support: GAP
grants to tribal governments help build the basic components of a tribal environmental program.
The Agency manages GAP grants according to its Guidance on the Award and Management of
General Assistance Agreements for Tribes and Intertribal Consortia,82 In FY 2021, EPA will
continue to administer GAP financial assistance to build tribal capacity and address environmental
issues in Indian country. EPA's work in FY 2021 also will continue to enhance EPA-Tribal
partnerships through development and implementation of EPA-Tribal Environmental Plans
(ETEPs) and a continued focus on tracking and reporting measurable results of GAP-funded
activities.
GAP Performance Measurement:
In FY 2020, EPA will complete an evaluation of the program implementation under the 2013 GAP
guidance and anticipates developing revised Guidance for tribal consultation. Once revised
Guidance is finalized, in FY 2021, EPA will adjust the performance management application to
align with the revised Guidance and begin compiling and analyzing data. The IT-based
performance application will provide a data-driven basis for supporting funding decisions, funding
priorities and contribute to program accountability.
Tribal Consultation: In working with the tribes, EPA follows its Policy on Consultation and
Coordination with Indian Tribes. 83 The Consultation Policy builds on EPA's 1984 Indian Policy
and establishes clear agency standards for a consultation process promoting consistency and
coordination. Since 2011, EPA has completed over 500 Tribal Consultations, an important
Agency milestone under the EPA Tribal Consultation Policy. EPA completed 64 tribal
consultations in FY 2019. In FY 2021, EPA will continue to support the agency's web-
based Tribal Consultation Opportunities Tracking System, a publicly accessible database used to
communicate upcoming and current EPA consultation opportunities to tribal governments. The
system provides a management, oversight, and reporting structure that helps ensure accountability
and transparency.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$1,138.0) This change is an increase due to the recalculation of base payroll costs.
82 Please refer to https://www.epa.gov/tribal/2013-guidance-award-and-management-general-assistance-agreements-tribes-and-
intertribal for further information.
83 Please refer to: https://www.epa.gov/tribal/forms/consultation-and-coordination-tribes.
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• (-$111.0/ -2.6 FTE) This program change reduces contract program support for some tribal
capacity building efforts.
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 statute).
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International Programs
282
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International Sources of Pollution
Program Area: International Programs
Goal: More Effective Partnerships
Objective(s): Enhance Shared Accountability
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$7,011.4
$6,553.0
$10,628.0
$4,075.0
Total Workyears
35.5
32.4
20.7
-11.7
Program Project Description:
The United States works with international partners to address international sources of pollution,
as well as the impacts of pollution from the United States on other countries and the global
environment. International sources of pollution impact air, water, food crops and food chains, and
can accumulate in foods such as fish. Healthy environments, ecosystems, and communities provide
the foundation for economic development, food security, and sustainable growth.
EPA's work with international partners and organizations is essential to addressing transboundary
pollution adversely impacting the United States. Strengthening environmental protection abroad
so that it is on par with practices in the U.S. helps build a level playing field for industry and
promotes opportunities for technologies and innovation. EPA's international programs also play
an important role in fulfilling national security and foreign policy objectives.
An important example of work under the Program is EPA's engagement in the Group of Seven
(G7) and the Group of Twenty (G20) through environment ministerial meetings, which negotiate
outcomes on key EPA issues such as food waste, marine litter, resource efficiency, and air quality.
In addition, EPA's engagement with the World Health Organization has helped advance
recognition of the critically important role of environmental factors, including air pollution and
toxic chemicals, in the global burden of non-communicable diseases (NCDs) and of the role that
sound environmental laws can play in reducing these risks.
FY 2021 Activities and Performance Plan:
Work in the Program directly supports Goal 2/Objective 2.1, Enhance Shared Accountability in
the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, EPA will continue to engage both bilaterally
and through multilateral institutions to improve international cooperation to prevent and address
the transboundary movement of pollution. Specifically, EPA will engage with key priority
countries to address air pollution that contributes significant pollution to the domestic and
international environment. For example, a number of Asian countries are implementing national
air quality monitoring, planning, and control strategies with advice and lessons learned from the
United States. Environmental policies adopted and implemented overseas will improve
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competitiveness for U.S. businesses, drive demand for U.S. emissions control technologies, and
expand exports of U.S. environmental goods and services while improving air quality conditions
in the United States.
US-Mexico Canada Trade Agreement (USMCA):
In FY 2021, EPA will continue its participation in the North American Commission for
Environmental Cooperation (CEC), which provides regional and international leadership to
advance environmental protection, human health and sustainable economic growth in North
America. EPA also will continue work on implementation of the Environment Chapter of the
USMCA trade agreement, utilizing both redirected base resources and additional investment.
EPA activities will include monitoring and verifying provisions pertaining to global and national
environmental requirements in the agreement and providing subject matter expertise.
Marine Litter
EPA will continue to engage multilaterally and bilaterally to prevent and reduce marine litter, an
increasingly prominent global issue that can negatively impact domestic water quality, tourism,
industry and public health in the U.S. Since 80 percent of marine litter comes from land-based
sources of waste, countries with inadequate waste management contribute to the pollution in our
shared oceans. EPA will build on groundbreaking efforts in the G7, the G20, and the United
Nations Environment Assembly (UNEA) to support and advance comprehensive approaches
including technology innovation and sharing of best practices. EPA will continue to work with
other federal agencies to advance sound policy approaches for global action on marine litter.
In FY 2021, EPA will share tools and technical assistance related to expanding Trash Free Waters
to key contributing countries in Asia and build on past projects in Latin America and the
Caribbean. Technical support may include: developing action plan(s) to reduce leakage of trash
to the environment and identifying steps to implement relevant and applicable waste collection /
management systems and modest implementation projects where possible.
Food Waste
In FY 2021, EPA will continue to build cooperation with the United Nations and the Office of
Management and Budget to ensure that on methodologies used to track international progress on
reducing food waste accurately reflect U.S. progress. With the additional requested funds, the
Agency also will scope pilot projects to reduce food waste that is an increasing portion of landfill
waste in rapidly urbanizing developing country cities. These projects are aimed at exporting U.S.
technology and innovative strategies to improve the environment. For example, EPA will bring
together experts from the US government, non-governmental organizations (NGOs), academia,
and the private sector to promote programs, best practices and technologies related to food loss
and waste.
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Chemicals:
EPA also will maintain efforts to reduce environmental threats to U.S. citizens from global
contaminants impacting air, water, and food. EPA will continue technical and policy assistance for
global and regional efforts to address international sources of harmful pollutants, such as mercury.
Since 70 percent of the mercury deposited in the U.S. comes from global sources84, both domestic
efforts and international cooperation are important to address mercury pollution. EPA will
continue to work with international partners and key countries to fully implement obligations under
the Minamata Convention on Mercury in order to protect the U.S. population from mercury
emissions originating in other countries, including from artisanal and small-scale gold mining.
EPA will continue to play a leadership role in the Lead Paint Alliance to increase the number of
countries that establish effective laws to limit lead in paint, which remains a priority health concern
following successful efforts to eliminate lead in gasoline worldwide.
Performance Measure Targets:
(PM PAMl) Number of EPA actions to address international marine litter priorities.
FY
2014
FY
2015
FY
201(.
FY
20 r
FY
20IS
FY
201')
FY
2020
FY
2021
Units
Target
6
Actions
Actual
Work under this program supports performance results in the Surface Water Protection Program
under the EPM appropriation and, in the RCRA: Waste Minimization & Recycling Program under
the EPM appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$82.0) This change is an increase due to the recalculation of base payroll costs.
• (+$3,055.0 / +3.0 FTE) This increase supports EPA's participation in international fora,
the development and sharing of tools through technical assistance, and the implementation
of bilateral agreements to reduce ocean pollution and plastic.
• (+$661.0 / +0.5 FTE) This increase supports EPA's work on food waste reduction
methodologies and scoping projects that focus on U.S. best practices and technologies to
reduce food waste with key international partners.
• (+$465.0 / +3.0 FTE) This increase supports work on implementation of the Environment
Chapter of the US-Mexico-Canada (USMCA) trade agreement, including monitoring and
verification on provisions pertaining to global and national environmental requirements,
coordination with other agencies, and provision of subject matter expertise.
84 For more information, please see: https://www.epa.gov/mtemational-cooperation/minamata-convention-mercurv
285
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• (+$450.0) This increase restores EPA's contribution to the Commission for Environmental
Cooperation in FY 2021.
• (-$638.0 / -18.2 FTE) This reduction supports the continued reprioritization of agency
activities. The program will focus efforts on the highest priority international issues.
Statutory Authority:
In conjunction with the National Environmental Policy Act (NEPA) § 102(2)(F): Clean Air Act §
103(a); Clean Water Act § 104(a)(l)-(2); Safe Drinking Water Act (SDWA) § 1442(a)(1);
Resource Conservation and Recovery Act (RCRA) § 8001(a)(1); Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) §§ 17(d), 20(a); Toxic Substances Control Act (TSCA) §10(a);
Marine Protection, Research, and Sanctuaries Act (MPRSA) § 203(a)(1); E.O. 13547; E.O. 13689.
286
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Trade and Governance
Program Area: International Programs
Goal: More Effective Partnerships
Objective(s): Enhance Shared Accountability
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$5,716.8
$5,365.0
$0.0
-$5,365.0
Total Workyears
14.4
15.3
0.0
-15.3
Program Project Description:
Since the 1972 Trade Act mandated the U.S. Trade Representative engage in interagency
consultations, EPA has played a key role in trade policy development. Specifically, EPA is a
member of the Trade Policy Staff Committee and the Trade Policy Review Group - interagency
mechanisms that provide advice, guidance, and clearance to the Office of the U.S. Trade
Representative in the development of U.S. international trade and investment policy. Trade
influences the nature and scope of economic activity and therefore the levels of pollutant emissions
and natural resource use. EPA's role in trade negotiations is to ensure that agreements have
provisions that are consistent with the Administration's environmental protection goals while not
putting the United States at an economic disadvantage.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. EPA will continue
its participation in the North American Commission for Environmental Cooperation (CEC) and
other international forums, as appropriate, through the International Sources of Pollution
program project.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$5,365.0 / -15.3 FTE) This funding change proposes to eliminate the Trade and
Governance Program.
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Statutory Authority:
In conjunction with the National Environmental Policy Act (NEPA) § 102(2)(F): Clean Air Act §
103(a); Clean Water Act § 104(a)(l)-(2); Safe Drinking Water Act (SDWA) § 1442(a)(1);
Resource Conservation and Recovery Act (RCRA) § 8001(a)(1); Federal Insecticide Fungicide
and Rodenticide Act (FIFRA) §§ 17(d), 20(a); Toxic Substances Control Act (TSCA) §10(a);
Marine Protection, Research, and Sanctuaries Act (MPRSA) § 203(a)(1); E.O. 12915; E.O. 13141;
E.O. 13277.
288
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US Mexico Border
Program Area: International Programs
Goal: More Effective Partnerships
Objective(s): Enhance Shared Accountability
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$3,236.0
$2,693.0
$0.0
-$2,693.0
Total Workyears
12.5
12.4
0.0
-12.4
Program Project Description:
The two thousand-mile border between the United States and Mexico is one of the most complex
and dynamic regions in the world, where the benefits of international programs are perhaps most
apparent. This region accounts for three of the ten poorest counties in the U.S., with an
unemployment rate 250-300 percent higher than the rest of the country.85 In addition, over 430
thousand of the 14 million people in the region live in 1,200 colonias,86 which are unincorporated
communities characterized by substandard housing and unsafe drinking water or wastewater
systems. The adoption of the Border Programs has gone a long way to protect and improve the
health and environmental conditions along a border that extends from the Gulf of Mexico to the
Pacific Ocean.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. Projects historically
funded along the border between the United States and Mexico may be eligible for funding under
the Clean Water and Drinking Water State Revolving Funds.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$2,693.0 / -12.4 FTE) This funding change proposes to eliminate the U.S. Mexico Border
Program.
85 http://www.niiirr.org/drupal/sites/default/filesAinm_the_us_mexico border_region_at_a glance.pdf
86 Ibid
289
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Statutory Authority:
In conjunction with the 1983 Agreement between the United States of America and the Mexican
United States on Cooperation for the Protection and Improvement of the Environment in the
Border Area (La Paz Agreement) and National Environmental Policy Act (NEPA) § 102(2)(F):
Clean Air Act § 103(a); Clean Water Act § 104(a)(l)-(2); Safe Drinking Water Act (SDWA) §§
1442(a)(1); Resource Conservation and Recovery Act (RCRA) § 8001(a)(1); Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) §§ 17(d), 20(a); Toxic Substances Control Act (TSCA)
§ 10(a); Marine Protection, Research, and Sanctuaries Act (MPRSA) § 203(a)(1).
290
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IT/ Data Management/ Security
291
-------
Information Security
Program Area: IT / Data Management / Security
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$598.9
$693.0
$5,082.0
$4,389.0
Total Budget Authority
$8,248.4
$8,286.0
$19,094.0
$10,808.0
Total Workyears
18.7
13.1
12.8
-0.3
Program Project Description:
Digital information is a valuable national resource and a strategic asset that enables EPA to fulfill
its mission to protect human health and the environment. The Information Security Program's
mission is to protect the confidentiality, availability, and integrity of EPA's information assets. The
information protection strategy includes, but is not limited to: policy, procedure, and practice
management; information security awareness, training, and education; governance and oversight;
risk-based weakness management; operational security management; and incident detection,
response, and recovery.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness in the FY 2018 - 2022 EPA Strategic Plan. Cybersecurity is a serious challenge to
our nation's security and economic prosperity. Effective information security requires vigilance
and the ability to adapt to new challenges every day. As reported to the Department of Homeland
Security (DHS), in FY 2019, EPA experienced 194 confirmed incidents against its systems. As a
result, the Agency has identified significant gaps in its ability to detect, respond to, protect against,
and recover from attacks, which increase the risk to compromise agency information.
In response to DHS's Cybersecurity Risk Management Assessment, EPA will continue to leverage
capabilities through the Continuous Diagnostics and Mitigation (CDM) Program. EPA will focus
on closing existing gaps by identifying and alerting unauthorized hardware and software into the
Agency's networks and systems, checking outbound traffic for unauthorized exfiltration, and
assessing systems with a Security Content Automation Protocol. In addition to protecting EPA
information assets, CDM will help the Agency identify and respond to federal-wide cybersecurity
threats and incidents quicker and more efficiently.
EPA's cost to implement new and maintain existing CDM capabilities as mandated by the Office
of Management and Budget (OMB) is estimated to be over $12 million in FY 2021 across all
appropriations. In accordance with OMB Memorandum M-20-04 "Fiscal Year 2019-2020
292
-------
Guidance on Federal Information Security and Privacy Management Requirements",87 EPA also
is developing a plan for the Agency's Security Operations Center to improve incident detection
and response capabilities, which will be implemented by the end of FY 2020.
With available resources, EPA will work to close non-CDM capability gaps essential to adequately
protect agency information assets. Such efforts include analyzing malicious email attachments,
detecting and mitigating effects of insider threats and advanced persistent threats, and conducting
program responsibilities, such as governance, oversight, and risk management. Additionally, the
Agency practices Coordinated Vulnerability Disclosure, a standard process to decrease the harm
or time an adversary can use to deny or disrupt services to its networks by working with internal
stakeholders, private industry, and federal organizations to communicate vulnerabilities
discovered or encountered.
Cybersecurity Risk Management Assessment metrics developed by the National Institute of
Standards and Technology and industry best practices help prioritize action to adequately protect
agency information assets and provide visibility on vulnerabilities. While EPA's cybersecurity
posture is expected to remain at risk in FY 2021, the Agency will continue to conduct risk
assessments and alternative analyses to determine which protections EPA must maintain or
implement. The Agency is evaluating alternatives for Security Operations as a Service and cloud
security options such as Cloud Access Security Brokers Services for possible implementation.
In FY 2021, the Information Security Program will continue to collect Federal Information
Security Modernization Act (FISMA) metrics and evaluate related processes, tools, and personnel
to continue to identify areas of weakness and opportunities for improvement. The Program will
collect phishing test results and evaluate the effectiveness of awareness efforts. With these data,
the Agency will identify strategies and prioritize areas to mitigate risks. The Agency will expand
strategies for identifying and leveraging common controls while managing system boundaries to
reduce compliance costs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$185.0) This change is an increase due to recalculation of base payroll costs.
• (+$6,234.0 / -0.3 FTE) This program change supports mandatory cybersecurity
requirements,88 including CDM funding that will be used to close existing gaps by
improving audit capabilities, ensuring accountability, and adding protections directly
associated with the information.
87 For more information, please refer to: https://www.whitehouse.gOv/wp-content/uploads/2019/l 17M~20~04.pdf".
88 Including those found in Federal Information Security Modernization Act of 2014 and Federal Information Security
Cybersecurity Act of 2015.
293
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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 statute); Cybersecurity Act of 2015; Federal Information
Security Modernization Act (FISMA); Government Performance and Results Act (GPRA);
Government Management Reform Act (GMRA); Clinger-Cohen Act (CCA).
294
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IT / Data Management
Program Area: IT / Data Management / Security
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$3,092.6
$3,072.0
$2,890.0
-$182.0
Hazardous Substance Superfiind
$13,755.5
$13,792.0
$13,874.0
$82.0
Total Budget Authority
$95,596.8
$97,087.0
$95,828.0
-$1,259.0
Total Workyears
391.4
459.4
469.9
10.5
Total workyears in FY 2021 include 172.0 FTE to support IT/Data Management working capital fund (WCF) services.
Program Project Description:
The work performed under the Information Technology/Data Management (IT/DM) Program
supports human health and the environment by providing critical IT infrastructure and data
management. The Program ensures analytical support for interpreting and understanding
environmental information; exchange and storage of data, analysis, and computation; rapid, secure,
and efficient communication; and access to scientific, regulatory, policy, and guidance information
needed by the Agency, regulated community, and the public.
This Program supports the maintenance of EPA's IT and Information Management (IT/IM)
services that enable citizens, regulated facilities, states, and other entities to interact with EPA
electronically to get the information they need on-demand, to understand what it means, and to
share environmental data. The IT/DM Program also provides support to other IT development
projects and essential technology to EPA staff, enabling them to conduct their work effectively
and efficiently in the context of federal IT requirements, including the Federal Information
Technology Acquisition Reform Act (FITARA); Technology Business Management (TBM);
Capital Planning and Investment Control; and the Open, Public, Electronic, and Necessary
Government Data Act.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness in the FY2018 - 2022 EPA Strategic Plan. EPA is committed to enhancing the power
of information and delivering on-demand data to relevant parties. An example of this includes
continued progress on enterprise data architecture and establishing the role of a Chief Data Officer
as required by the Foundations for Evidence-Based Policymaking Act. The Agency's increased
investment in TBM will enable EPA to make sound, data-driven IT investment decisions by
incorporating critical IT expenditure data into EPA Chief Information Officer (CIO) portfolio
reviews.
295
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In FY 2021, EPA will strengthen further its IT acquisition review process as part of the
implementation of federal Common Baseline Controls for FITARA. FITARA controls include an
established communication and engagement strategy for the CIO with the Agency's programs and
regional offices to ensure their IT plans are well designed, directly drive EPA long-term
performance goals, and follow best practices. These controls also enable the CIO to engage closely
with key IT stakeholders across EPA and to foster plans to refresh IT skills within the Agency.
The Agency will continue to focus on improving customer experiences to allow EPA, its partners,
and the public to acquire, generate, manage, use, and share information as a critical resource. In
line with the President's Management Agenda for IT modernization and for data, accountability,
and transparency,89 EPA will improve how it supports and manages the lifecycle of information
and information products.
The FY 2021 President's Budget request includes additional resources to support upgrading the
Agency's enterprise-wide records management system. The IT/DM Program will provide
policies/procedures for digitization; IT architecture; and system development, implementation,
and operations and maintenance support, as well as contribute to efforts to digitize hardcopy
records and transition to centralized records/digitization centers. Work done with these additional
resources support the long-term performance goal in the FY 2018 - 2022 EPA Strategic Plan: By
September 30, 2022, reduce unused office and warehouse space by 850,641 square feet.
Further, the President's Budget request includes additional resources and FTE to support the cross-
agency effort to reduce and better predict harmful algal blooms (HABs). The Program will provide
data standards and geo-referencing expertise for EPA's research, predicative modeling and
monitoring tools and analyses, and policy approaches to target and reduce nutrient pollution that
causes HABs and impacts water quality across the country. Work done with these additional
resources will support performance results for nutrient and HABs reductions.
In FY 2021, the following IT/DM activities will continue:
• Data Management and Collection: Data management and collection efforts include
support for a variety of essential enterprise information management programs. The
National Records Management Program will continue providing policies/procedures,
coordination, and support to help fulfill EPA's statutory obligations to maintain records.
The Discovery Services Program will continue supporting the search/collection of agency
information needed to help respond to requests for information from external stakeholders.
EPA will continue to coordinate and oversee the Agency's Information Collection Request
(ICR) development and approval process, helping to ensure data collections are submitted
timely and approved by the Office of Management and Budget (OMB) as required by the
Paperwork Reduction Act. The Section 508 Program will develop training for different
stakeholder communities. This program will assess documentation for all public-facing
EPA systems/applications via an independent third party and acquire a compliance tool to
improve reporting to OMB.
89 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploadsQ018/03/Presidents-Management-
Agenda.pdf.
296
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• Mission Software and Digital Services Capabilities: The FY 2021 President's Budget
includes funding to continue to enhance the Agency's software development and
architecture capability, including application development and deployment approaches and
technical platforms. This program continues EPA's adoption of transformative
technologies and practices, including cloud computing, agile development methodologies,
and shared software development services.
• Geospatial: The Agency will continue to support the essential capabilities of GeoPlatform,
a shared technology enterprise for geospatial information and analysis. By implementing
geospatial data, applications, and services, the Agency can integrate and interpret multiple
data sets and information sources to support environmental decisions. GeoPlatform will
continue to publish internal and public mapping tools, which will better inform the public
about EPA's programs to protect the environment and public health. As of December 2019,
EPA has over 5,200 GeoPlatform mapping applications created or modified for public and
internal use, and since calendar year 2014 the number of users has increased tenfold to over
9,000 users.
• Information Access and Analysis: EPA will focus on providing core support to agency
infrastructure and tools that will drive better environmental decision making with data from
across the Agency. EPA will partner with other agencies, states, tribes, and academic
institutions to propose innovative ways to use, analyze, and visualize data. EPA's One EPA
Web will continue to manage content and support internal and external users with
information on EPA business, support employees with internal information, and provide a
clearinghouse for the Agency to communicate initiatives and successes. EPA will continue
to support Envirofacts and data visualization applications, which receive over 50 million
annual application interface requests.
• Information Technology and Infrastructure: EPA will adjust the schedule for
replacement or upgrades to align with resources and will continue to maintain and provide:
desktop computing equipment, network connectivity, e-mail and collaboration tools,
hosting services, remote access, telephone services, web and network services, and other
IT-related equipment. In FY 2021, the Agency will continue efforts to consolidate EPA's
data centers and computer rooms and to optimize operations within EPA's remaining data
centers. In addition, the Agency will continue to modernize IT/IM infrastructure,
applications, and services to empower a mobile workforce using innovative and agile
solutions.
Performance Measure Targets:
Work under this program supports performance results in the Facilities Infrastructure and
Operations Program under the EPM appropriation and the Surface Water Protection Program
under the EPM appropriation.
297
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$6,405.0) This change is an increase due to recalculation of base payroll costs.
• (+$4,000.0) This program change is an increase for the Electronic Records focus area to
continue progress towards upgrading the Agency's enterprise-wide records management
system and enhancing the digitization of paper records, including those in support of
implementing the Toxic Substances Control Act, Federal Insecticide, Fungicide, and
Rodenticide Act, and Pesticide Registration Improvement Act. This investment can
ultimately reduce costs and space needs and support ongoing program needs for
information.
• (+$1,179.0 / +1.0 FTE) This program change is an increase to support data delivery as part
of the multi-office Harmful Algal Bloom Reductions focus area. Within this total, $179.0
thousand is provided for salary and benefits costs.
• (-$12,743.0 / -13.5 FTE) This net program change modifies the timeline for development
of new technologies to address agency needs such as new assistive technology tools, ability
to re-platform legacy applications, and replace end of service IT equipment that provides
basic workforce support across the Agency.
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 statute); Federal Information Technology Acquisition
Reform Act; Federal Information Security Modernization Act (FISMA); Government
Performance and Results Act (GPRA); Government Management Reform Act (GMRA); Clinger-
Cohen Act (CCA); Rehabilitation Act of 1973 § 508.
298
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Legal/ Science/ Regulatory/ Economic Review
299
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Administrative Law
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Compliance with the Law
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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-------
The EAB adjudicates administrative appeals in a fair and timely manner in accord with the APA,
ensuring consistency in the application of legal requirements. The EAB also resolves disputes
efficiently, avoiding protracted federal court review. In over ninety percent of matters decided by
the EAB, no further appeal is taken to federal court, providing a final resolution to the dispute. The
EAB also offers an opportunity for alternative dispute resolution.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.1, Compliance with the Law in the
FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the ALJ will convene formal hearings in the
location of the alleged violator or violation, as required by statute. In FY 2021, the ALJ will
continue to implement its modernized filing and case management system to reduce mailing delays
and costs. In FY 2021, the EAB will continue to implement its streamlined procedures for
adjudicating permit appeals under all statutes and will continue to expedite appeals in Clean Air
Act New Source Review cases and in FIFRA licensing proceedings.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$393.0) This change to is an increase due to the recalculation of base payroll costs.
• (-$124.0) This net program change reflects a reduction for managing an electronic filing
and case docketing system.
Statutory Authority:
Administrative Procedure Act (APA); 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);
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA); Clean Water Act (CWA); Clean Air Act
(CAA); Toxic Substance Control Act (TSCA); Solid Waste Disposal Act (SWDA); Resource
Conservation and Recovery Act (RCRA); Safe Drinking Water Act (SDWA); Emergency
Planning and Community Right-to-Know Act (EPCRA); Marine Protection, Research, and
Sanctuaries Act (MPRSA); Mercury-Containing and Rechargeable Battery Management Act
(MCRBMA); the Act to Prevent Pollution From Ships (APPS).
301
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Alternative Dispute Resolution
Program Area: Legal / Science / Regulatory / Economic Review
Goal: More Effective Partnerships
Objective(s): Enhance Shared Accountability
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$573.3
$710.0
$0.0
-$710.0
Total Budget Authority
$1,240.7
$1,580.0
$0.0
-$1,580.0
Total Workyears
4.3
5.9
0.0
-5.9
Program Project Description:
EPA's General Counsel and Regional Counsel Offices provide environmental Conflict Prevention
and Resolution Center (CPRC) services and workplace conflict prevention. EPA utilizes CPRC as
a method for preventing or resolving conflicts prior to engaging in formal litigation. CPRC
includes the provision of legal counsel, facilitation, mediation, and consensus building advice and
support. This program oversees a strategically-sourced contract for these services that provides
mediation, facilitation, public involvement, training, and organizational development support to
all headquarters and regional programs.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021.
Performance Measures Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$870.0 / -4.5 FTE) This funding change proposes to eliminate the CPRC Program. Programs
across the Agency may pursue ADR support services and training individually.
Statutory Authority:
Administrative Dispute Resolution Act (ADRA) of 1996; Negotiated Rulemaking Act of 1996;
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).
302
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Civil Rights Program
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$8,972.5
$8,814.0
$9,780.0
$966.0
Total Workyears
44.6
54.4
48.3
-6.1
Program Project Description:
The Civil Rights Program enforces federal civil rights laws that prohibit discrimination by
recipients of federal financial assistance and protect employees and applicants for employment
from discrimination.
The Office of Civil Rights (OCR), which has responsibility for Title VII Equal Employment
Opportunity (EEO) complaints, affirmative employment analysis, and reasonable
accommodations, accomplished the following in FY 2019: 1) submitted the annual Management
Directive 715 (MD-715) report to the Equal Employment Opportunity Commission (EEOC); 2)
provided MD-715 barrier analysis training to OCR staff and EEO Officers; 3) achieved a
timeliness rate of 91 percent for Title VII investigations; 4) achieved 59 percent participation rate
for Alternative Dispute Resolution (ADR); 5) trained and onboarded a new cadre of collateral duty
EEO counselors; 6) processed over 650 Reasonable Accommodation (RA) requests; and 7) issued
a new Special Emphasis Program Managers (SEPMs) manual which provided updated guidance
and policies on effective implementation of civil rights affirmative employment goals to our
SEPMs. OCR also relaunched the Deputy Civil Rights Official cadre which comprises of Senior
Executive Service managers in each program and region who have lead responsibility for ensuring
and advancing compliance with civil rights regulations, programs, and procedures.
OCR provides policy guidance and technical assistance internally on EEO and is responsible for
carrying out the following functions:
• Employment Complaints Resolution including Title VII of the Civil Rights Act of 1964
and Executive Order 1367290 - address complaints of employment discrimination;
• Affirmative Employment Analysis and Accountability - provide leadership, direction, and
advice to managers to assist them in carrying out equal opportunity and civil rights
responsibilities and report under the EEO Commission's Management Directive 715 (MD-
90 For more information, please see: https://www.eeoc.gOv/eeoc/history/50th/thelaw/l 1478 11246_amend.cfm.
303
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715)91 which provides guidelines for identifying triggers and conducting barrier analysis
related to EEO within EPA's workforce; and
• Reasonable Accommodation - carry out EPA's responsibilities under the Rehabilitation
Act of 1973 which requires the Agency to provide reasonable accommodation for
individuals with disabilities, unless it would cause undue hardship for the Agency.
The External Civil Rights Compliance Office (ECRCO) carries out the external enforcement of
several civil rights laws, including Title VI of the Civil Rights Act of 1964, that prohibit
discrimination on the basis of race, color, national origin (including limited-English proficiency),
disability, sex, and age, in programs or activities that receive federal financial assistance from
EPA. ECRCO investigates and resolves external complaints, develops policy, conducts proactive
compliance initiatives and compliance reviews, and provides technical assistance to recipients and
outreach to communities.
During FY 2019, ECRCO developed and refined internal performance measures and successfully
reduced the backlog of complaints under investigation and pending Jurisdictional Reviews.
Currently, ECRCO has a total of two (2) "backlog" complaints pending - down from 17 at the end
of FY 2018. All new complaints accepted for investigation in FY 2019 were resolved within 180
days of acceptance. By the end of FY 2020, ECRCO will have no backlog complaints under
investigation. In addition, by the end of the first quarter of FY 2019, ECRCO had eliminated its
backlog of pending Jurisdictional Reviews - down from four at the end of FY 2018. Furthermore,
all new complaints received during the second, third, and fourth quarters of FY 2019, received
Jurisdictional Reviews within the 20-day regulatory timeframe.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness in the FY 2018 - 2022 EPA Strategic Plan.
Office of Civil Rights (Internal)
The Civil Rights Program is developing strategic plans for its internal, employment-related
functions, including specific goals, implementation steps, and benchmarks that will serve as
internal performance measures to ensure accountability for all of the functions. In FY 2021, EPA's
Civil Rights Program will continue its strategic planning process with an emphasis on process
improvement, internal performance measures, technology resources, and strategic human capital
planning. These actions are consistent with measures called for in the EPA Report "Developing a
Model Civil Rights Program at the EPA."92
91 Equal Employment Opportunity Commission, Equal Employment Opportunity Management Directive 715, October 1, 2013.
92 For more information, please see: http://intranet.eDa.gov/civilrights/pdfs/training/ecfr-developing-a-model-civil-rights-
program.pdf.
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Title VII
In FY 2021, EPA will dedicate most of its financial resources to the processing of discrimination
complaints, including EEO counseling, investigations, and drafting Final Agency Decisions. The
Program will focus on process improvements to: 1) ensure prompt, effective, and efficient EEO
complaint docket management; 2) enhance the EEO compliance program through strategic policy
and training development; and 3) continue to strengthen the Alternative Dispute Resolution (ADR)
Program. The Program will continue to:
• Conduct the recruitment process for collateral-duty EEO counselors, providing training
and onboarding.
• Evaluate methods implemented to improve the timeliness of Final Agency Decisions, with
a goal of meeting the EEOC's target of 60 days.
• Strengthen the ADR Program by providing training and marketing specific to both
employees and management.
• Implement cross agency training for supervisors and staff to increase global understanding
of the EEO process, and relevant roles and responsibilities.
• Assess how services are provided nationally to ensure their availability and efficient
delivery.
Affirmative Employment Analysis and Accountability (AEAA)
In FY 2021, the Program will continue to focus on process improvements to: 1) ensure prompt,
effective, and efficient development of critical and required reports, such as MD-715; 2) enhance
the Affirmative Employment function through development of strategic policy, training and the
engagement of critical internal EPA partners; and 3) evaluate accomplishments. The Program will
continue to:
• Evaluate effectiveness of measures taken as a result of work completed under OCR's
national priorities.
• Ensure the collection of applicant-flow data for career development opportunities within
the Agency.
• Revitalize the Agency's Special Emphasis Program through an evaluation of its structure,
resources, and effectiveness.
• Work with EEO Officers and other agency stakeholders to improve the process for
developing the MD-715.
• Increase the availability of data from the AEAA Program through visual management (e.g.,
dashboards) and increased use of technology to demonstrate progress.
• Provide effective training and tools for managers in carrying out their responsibilities under
MD-715 and the Diversity and Inclusion Strategic Plan.
Reasonable Accommodations (RA) Program
In FY 2021, the Program will continue to focus on process and technological improvements to
ensure prompt, effective, and efficient RA request docket management. The Program also will
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enhance the RA compliance function through development of strategic policy; training, and the
engagement of critical internal EPA partners. The Program will continue to:
• Evaluate the procedures for providing Personal Assistant Services (PAS) to determine their
effectiveness; as necessary, revise procedures.
• Update reasonable accommodation processes and templates to improve the timeliness,
efficiency, and consistency of communications and to avoid release of sensitive personally
identifiable information.
• Begin delivering more advanced RA training for both employees and management and
incorporate aspects of PAS.
• Apply a user-based approach to the RA Program to enhance customer service ensuring
customer expectations and needs are being met.
External Civil Rights, including Title VI
In FY 2021, the Program will look to update its Strategic Plan and reinvigorate its efforts to
improve its process for and support of complaint docket management through investigations,
informal resolution agreements and mediation consistent with EPA's nondiscrimination regulation
and its revised Case Resolution Manual. The current External Compliance Program Strategic Plan
focuses on three key goals: Enhance Strategic Docket Managements; Develop a Proactive
Compliance Program; and Strengthen ECRCO's Workforce to Promote a High Performing
Organization. The Program will continue to place an emphasis on providing technical assistance
and partnering with states; reviews; outreach to communities; strategic policy development; and
prioritizing its workforce planning and training.
In FY 2021, ECRCO will continue to track internal performance measures to ensure: 1) all
complaints pending under investigation have any "preliminary findings" issued within 180 days
of acceptance for investigation; 2) all cases resolved through informal resolutions are resolved in
a timely manner; and 3) all Jurisdictional Reviews are processed within 20 days. Also, beginning
in FY 2020 and continuing through FY 2021, the Program will continue to deploy and refine an
electronic case and document management system to manage the external civil rights complaint
docket; refine its Case Resolution Manual that was reissued in FY 2020, including more specific
guidance on ECRCO's Informal Resolution Process; provide guidance to recipients of EPA funds
regarding their regulatory obligation to have in place a nondiscrimination program; and implement
a contract to provide language assistance services to limited-English proficient customers
throughout EPA. In FY 2021, ECRCO will continue the work launched in FY 2020 to focus
internal performance measures on the Informal Resolution Process to ensure timely resolution and
minimize any legal vulnerabilities while maximizing accountability and transparency. Specific
initiatives include:
• Deployment of additional proactive technical assistance pilots to work collaboratively with
states to build upon and strengthen each state's nondiscrimination program in light of the
federal civil rights laws.
• Refinement of Chapter II of the Civil Rights Toolkit deployed in FY 2020 to share guidance
regarding EPA recipients' nondiscrimination program responsibilities.
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• Deployment of Chapter III of Civil Rights Toolkit to share guidance and promising
practices with EPA recipients related to "Risk Communication" on environmental civil
rights issues.
• Continued implementation of the Program's Functional Competency Framework which
strengthens the Agency's workforce by promoting the development of a highly effective,
performance-based organization, including individual development plans that include
customized training objectives.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$1,691.0) This change is an increase due to the recalculation of base payroll costs.
• (-$725.0 / -6.1 FTE) This net program change reduces the Civil Rights Program through
streamlining support for processing investigations for Title VI and Title VII complaints,
enhancement of mandatory reporting, and improvements in the overall management of
complaints and reporting processes.
Statutory Authority:
Title VI of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972;
Rehabilitation Act of 1973 § 504; the Age Discrimination Act of 1975, Federal Water Pollution
Control Act Amendments of 1972 § 13; Title VII of the Civil Rights Act of 1964; Equal Pay Act
of 1963; Rehabilitation Act of 1973 §§ 501, 504, 505, 508; Americans with Disabilities Act of
1990; ADA Amendments Act of 2008; Age Discrimination in Employment Act (ADEA) of 1967;
Genetic Information Nondiscrimination Act (GINA).
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Integrated Environmental Strategies
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Streamline and Modernize
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
sin. ~(>D.')
S 10.152.0
SI-1.200.0
S4.04H.0
Total Budget Authority
$10,760.9
$10,152.0
$14,200.0
$4,048.0
Total Workyears
44.5
48.0
54.0
6.0
Program Project Description:
The Integrated Environmental Strategies (IES) Program advances the Agency's mission of
protecting human health and the environment while promoting economic growth from the national
level to the community level. The IES Program provides tools and resources to transform EPA
into a more effective organization. Nationally, IES is focused on: 1) streamlining EPA's permitting
processes; 2) working with industrial sectors to identify and develop sensible approaches to better
protect the environment and public health; 3) collaborating with federal, state, municipal partners,
communities, businesses, and other stakeholders to implement locally-led, community-driven
approaches to environmental protection through technical assistance, policy analysis, and training;
and 4) applying process improvement techniques and standards to EPA's activities.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.4, Streamline and Modernize in the
FY 2018 - 2022 EPA Strategic Plan. This program demonstrates new approaches to streamline and
reduce unnecessary burdens and to help communities meet their environmental and economic
needs. In FY 2021, the Program will focus on permit streamlining, sector strategies, community-
driven environmental protection, and Opportunity Zones.
Permit Streamlining
One way that EPA implements its statutory authority is through various permitting programs.
These programs are based on a set of processes that vary across EPA program and regional offices.
The Agency is focused on working across EPA program offices and with state and tribal co-
regulators to streamline EPA's permitting processes in support of the President's Memorandum,
"Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing."93 This
work supports the long-term performance goal in the FY 2018 - 2022 EPA Strategic Plan to reach
all permitting-related decisions within six months and the FY 2020 - 2021 Agency Priority Goal
(APG) to accelerate permitting-related decisions. Between June 2018 through the end of FY 2019,
93 For more information, please see: fattps://www. govinfo. gov/content/pkg/FR-201.7-01. -30/pdf/201.7-02044.pdf.
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EPA had reduced the backlog of new permit applications by over 65 percent (from 149 to 52,
excluding Clean Air Act New Source Review and Title V Operating Permits)94 through a series of
targeted Lean events to improve the efficiency and effectiveness of permitting programs, achieving
the target of the FY 2018-2019 APG. In addition, EPA also reduced its number of existing permit
renewals in backlog by 13 percent (from 479 to 417).95 In FY 2021, EPA will continue to improve
its role in addressing cross-cutting permitting and policy issues and, in partnership with state
permitting offices, will continue to streamline our review of state-issued permits. The Program
will continue to facilitate and support the sharing and implementation of permitting best practices
and approaches of environmental co-regulators to achieve efficient and effective permitting. In FY
2021, EPA will continue to coordinate with lead agencies on One Federal Decision and FAST-41
infrastructure project streamlining. In FY 2019, EPA served as either a participating or cooperating
agency on over 40 major infrastructure projects.
Smart Sectors
EPA's Smart Sectors96 is a partnership program that provides a platform for EPA to collaborate
with regulated sectors of the economy to develop sensible approaches to protect the environment
and public health. Since inception of the program the Agency has focused on 13 sectors. In FY
2019, EPA conducted site visits covering the operations of seven sectors, and participated in more
than 700 substantive meetings with a variety of sectors. In FY 2019, and continuing in FY 2020,
the Smart Sectors Program has created a Sector Snapshot97 for each participating sector and will
be making them available on EPA's website. In addition, each EPA regional office has launched
their own Smart Sector initiative focusing on sectors important to that region. In FY 2021, Smart
Sectors will continue to update the Sector Snapshot for each participating sector, providing
environmental and economic data and highlighting best practices. The Smart Sectors Program also
will continue providing sector ombudsmen to connect, facilitate, and convene Agency experts with
sector representatives to solve discrete policy, guidance, and implementation issues unique to the
sectors. EPA also will continue working to reduce recordkeeping and reporting burden where
appropriate.
Community-Driven Environmental Protection
The IES Program delivers technical assistance, training, and tools to economically distressed
communities and coordinates the Agency's work with communities to increase efficiency,
effectiveness, and accountability. In FY 2019, the Program delivered direct technical assistance to
94 The FY 2018-2019 APG includes reporting for backlog new permit applications under the following programs: National
Pollutant Discharge Elimination Systems (NPDES), Underground Injection Control (UIC), Resource Conservation Recovery Act
(RCRA) Subtitle C, and Approvals to Store, Decontaminate or Dispose of Poly chlorinated Biphenyls (PCBs) under Toxic
Substances Control Act (TSCA).
95 The FY 2020-2021 APG for EPA permits in backlog has been expanded to include backlogged applications to renew existing
permits as well as pending new applications. In addition, the APG includes reporting of backlogged permits issued under the
Clean Air Act. For the FY 2020-2021 APG, EPA will report backlog for the following permit categories: NPDES, UIC, RCRA
Subtitle C, New Source Review, Title V, and Approvals to Store, Decontaminate or Dispose of PCBs under TSCA.
96 For additional information, please refer to: https://www.epa.gov/smartsectors.
97 The sector snapshots tool is a new, interactive, web-based application that provides environmental and economic information
about several industries participating in EPA's Smart Sectors program. The sector snapshots application employs a novel
approach by assembling a range of environmental and economic data from different publicly-available sources to provide an
integrated, easy-to-understand picture for each sector over the last 20 years. For additional information, please refer to:
https://www.epa.gov/smartsectors/sector-saapshots.
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more than 30 communities: over 60 percent of these communities included Opportunity Zones. In
FY 2020, the Program is developing new technical assistance approaches specifically focused on
enabling communities to take advantage of the Opportunity Zones incentive, attracting private
investment.
In FY 2021, EPA requests an additional $5.1 million (including 12.0 FTE) to support Opportunity
Zone efforts. The new resources will strengthen efforts in economically distressed communities to
leverage public and private sector investments to support improved economic development and
environmental outcomes. Additional FTE located in EPA's regional offices will provide technical
assistance for revitalization projects in Opportunity Zones by 1) assessing actions EPA can take to
prioritize federal investment in these areas; 2) working to minimize regulatory and administrative
burden that discourages investment; 3) helping local applicants identify and apply for EPA and
other federal resources; 4) coordinating EPA's regional efforts; and 5) measuring results. The
additional resources will significantly expand EPA's capacity to hold additional community
workshops and trainings; assist states in adopting policies and programs that support community
revitalization and environmental protection in Opportunity Zones; and work directly with up to 60
communities to help leverage Opportunity Zone incentives and resources to support revitalization.
In FY 2021, the Program will continue to lead, along with the Office of Environmental Justice, the
application of community-driven solutions to local environmental challenges, focusing on the
Administration's priorities, such as leveraging private investment and aligning federal investments
to maximize benefits to deserving communities. Technical assistance and training are the
cornerstone of EPA's cooperative approach to addressing environmental challenges in
communities, particularly communities that are economically distressed. In FY 2021, EPA will
continue to emphasize technical assistance and training, with the objective of helping tribal, state,
and local governments increase their capacity to protect the environment while growing their
economies, creating jobs, and using public and private sector investments and other resources more
efficiently. Where appropriate, EPA will partner with other agencies to help achieve locally led,
community-driven approaches to protecting air, land, and water, while at the same time supporting
economic revitalization.
In FY 2021, the Program will continue analyses on emerging trends, innovative practices, and
tools that support clean air, land, and water outcomes. EPA will continue to develop tools to help
interested communities incorporate innovative approaches to infrastructure and land development
policies. This assistance helps deliver on multiple economic, community, and human health goals
embedded in EPA's core mission, including managing stormwater, reducing combined sewer
overflows, improving local air and water quality, cleaning up and reusing previously developed
sites, and supporting revitalization and redevelopment in economically distressed communities
including those located in Opportunity Zones.
Process Improvement and EPA 's Lean Management System (ELMS)
In FY 2018, EPA introduced the EPA Lean Management System (ELMS), which uses Lean
principles, practices, and tools, and has enhanced the Agency's performance management
framework. ELMS is a means to promote continuous improvement, and paired with routine
monitoring, measurement, and engagement, it supports EPA employees in identifying and solving
problems and sustaining improvement. As part of ELMS, the Agency's senior leaders hold
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monthly business meetings to discuss performance results and actions needed to make
improvements.
The Agency is deploying ELMS to support the accomplishment of the Agency's priorities by
increasing efficiencies and making operational process improvements. Routine monitoring,
measurement, and engagement, enable the Agency to identify problems while they are still small,
solve problems before they become too big, and sustain improvements over time to carry out their
work more efficiently and effectively. The Office of Continuous Improvement (OCI) is providing
training and technical assistance to EPA offices on deploying visual management and using Lean
and other business process improvement principles and tools to streamline and standardize
processes, analyze root causes of problems, and assess progress monthly towards performance
measures.
Through the deployment of visual management, standard work, and problem solving tools, in FY
2019, EPA completed initial ELMS deployment to 4,522 EPA staff and implemented 66 process
improvements, exceeding its target of 50 and. A process is considered improved when it achieves
a 25 percent improvement over the baseline. Examples of process improvements include:
o EPA Region 5 Great Lakes National Program Office reduced their funding timeframes for
Great Lakes Restoration Initiative Grants from 34 days to 14 days with more than three
months of sustained improvement (59 percent improvement),
o EPA Region 9 Land Division streamlined the tribal grants process, reducing from 136 steps
to 56 steps (59 percent improvement),
o EPA Region 7 Air and Radiation Division improved the quality of draft Title V Operating
Permits from a 14 percent first time quality rate to an 84 percent first time quality rate and
is continuing to improve (500 percent improvement),
o EPA's Office of the Chief Financial Officer and Office of Compliance improved the
Superfund Cost Recovery process by decreasing the number of days to complete a cost
recovery request from 30 days to five days (83 percent improvement).
The Agency expects each EPA regional or program office to report at least 10 process
improvements by FY 2022. Additionally, the expectation is for an increase in process
improvements to be documented in FY 2020 as ELMS expands across the Agency. Related to
improving the permit process, the Agency is deploying ELMS to support states with improving
their environmental permitting processes. EPA deployed ELMS to Maryland Department of
Environment (MDE) in June 2019 and is slated to support numerous other states in FY 2020.
Performance Measure Targets:
(PM OZl) Percentage of communities receiving direct technical assistance that have opportunity zones.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
(.0
70
Percent
Actual
Numerator
Communities
Denominator
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(PM PE2) Number of new permit applications in backlog.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
No Target
1 Siablished
33
0
Permits
Actual
1 1 1
65
(PM PE3) Number of existing permit applications in backlog.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
313
209
Permits
Actual
417
(PM OP1) Number of operational processes improved.
I V 2014
I V 2015
I V 201(.
I V 20 r
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
25
50
72
72
Operational
Processes
Actual
N/A
66
FY 2021 Change from the Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$207.0) This change is an increase due to the recalculation of base payroll costs.
• (+$5,144.0 / +12.0 FTE) This program change supports EPA's Opportunity Zones focus
area and will support states, communities, and investors in implementing the Opportunity
Zone initiative to facilitate community revitalization and environmental protection. The
additional resources support community-based engagement, training, and technical
assistance to advance revitalization efforts in Opportunity Zones.
• (-$1,303.0 / -6.0 FTE) This net program change reduces the Integrated Environmental
Strategies Program through streamlining of the community work and climate adaptation
efforts within the Program.
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 statute).
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Legal Advice: Environmental Program
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Create Consistency and Certainty
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S5J.520.X
S-/-.VS.0
N 50,263.0
S 2.2X5.0
Hazardous Substance Superfond
$515.0
$543.0
$608.0
$65.0
Total Budget Authority
$52,041.8
$48,521.0
$50,871.0
$2,350.0
Total Workyears
258.2
257.4
242.8
-14.6
Total workyears in FY 2021 include 5.5 FTE funded by TSCA fees and 1.0 FTE to support Legal Advice working
capital fund (WCF) services.
Program Project Description:
The Legal Advice: Environmental Program provides legal representational services, legal
counseling, and legal support for all EPA's environmental activities. The legal support provided
by this program is essential to the Agency's core mission. The personnel assigned to this program
represent essential expertise in the critical fields that the Agency relies on for all decisions and
activities in furtherance of its mission to protect human health and the environment.
This program provides counsel on every major action the Agency takes. It plays a central role in
all statutory and regulatory interpretation of new and existing rules and all rule and guidance
development under EPA's environmental authorities. This program provides essential legal advice
for every petition response, every judicial response, and every emergency response. When the
Agency acts to protect the public from pollutants or health-threatening chemicals in the air we
breathe, in the water we drink, or in the food we eat, this program provides counsel on the Agency' s
authority to take that action; it then provides the advice and support necessary to finalize and
implement that action. When that action is challenged in court, this program in coordination with
the Department of Justice, defends it.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Create Consistency and Certainty
and the long-term performance goal in the FY 2018-2022 EPA Strategic Plan. In FY 2019, EPA
began to develop a revised methodology to consider the scope for tracking the long-term measure.
This program provides legal representation in more than 350 defensive judicial cases each year. It
is projected that the number of cases in FY 2021 will exceed this number. The Program will
continue to provide legal representation injudicial and administrative litigation for core Agency
environmental programs and for Agency priorities. The Program also will provide counseling
outside of the litigation context in the highest priority issues arising under all the legal
environmental statutes administered by EPA.
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In FY 2021, the Agency will continue to focus on its core mission to apply the most effective
approaches by implementing EPA's environmental programs under the Resource Conservation
and Recovery Act, Leaking Underground Storage Tanks, Clean Air Act, Clean Water Act, Toxic
Substances Control Act (TSCA), Federal Insecticide Fungicide and Rodenticide Act, Food Quality
Protection Act, Safe Drinking Water Act, and other statutes. This strategy will help ensure that
human health and the environment are protected, including clean air, water, and land, and safe
chemicals and pesticides.
Legal counseling resources also continue to be in high demand to support the Agency's response
to states seeking assistance developing or implementing environmental programs, industrial
facilities seeking permits requiring them to undertake new economic activity, and citizens seeking
actions to protect local environmental quality, among other things. The Program will prioritize
resources after supporting judicial and administrative litigation to counsel Agency clients on these
matters.
The following examples illustrate this program's important role in implementing the Agency's
core mission:
• On June 19, 2019, EPA finalized the Affordable Clean Energy Rule which replaced the
Clean Power Plan.
• EPA is providing critical legal advice and litigation defense in support of EPA's
implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which
modernized and substantially overhauled TSCA.
Performance Measure Targets:
(PM RGl) Percentage of legal deadlines met by EPA.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
I V 2020
I V 2021
Units
Target
No Target
Established
No Targei
Established
Percent
Actual
N/A
N/A
Numerator
Legal
Deadlines
Denominator
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$3,257.0) This change is an increase due to the recalculation of base payroll costs.
• (-$972.0 / -17.8 FTE) This program change reduces legal support. EPA will focus on
counseling and legal advice to the highest Agency priorities and focus on litigation support
to help ensure that human health and the environment are protected.
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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 statute).
315
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Legal Advice: Support Program
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
SN.-I'S.O
SJ.SM2.lt
N 3.MUM
Total Budget Authority
$14,926.0
$14,478.0
$18,082.0
$3,604.0
Total Workyears
76.4
85.7
90.4
4.7
Total workyears in FY 2021 include 3.5 FTE funded by TSCA fees and 10.7 FTE to support Legal Advice working
capital fund (WCF) services.
Program Project Description:
The Legal Advice: Support Program provides legal representational services, legal counseling, and
legal support for all activities necessary for EPA's operations. It provides legal counsel and support
on issues including, but not limited to: appropriations, claims, contracts, employment law, grants,
information law, intellectual property law, real property, and all aspects of civil rights law.
For example, if an EPA program office needs guidance on how to respond to a Freedom of
Information Act (FOIA) request, whether it may spend money on a certain activity, or what to do
when a plaintiff files a tort claim against the Agency, this program provides answers, options, and
legal advice. This program also supports EPA in maintaining high ethical standards and complying
with all laws and policies that govern the Agency's operations.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness in the FY 2018-2022 EPA Strategic Plan. In FY 2021, EPA will continue to address
and manage information requests, as well as provide legal support for work under the Civil Rights
statutes and employment law. There also is an ongoing need for a high level of involvement in
questions related to contracts, ethics, grants, finance, appropriations, and employment.
In addition to the increase in employee and labor relations matters, litigation and appeals under
FOIA have continued to increase steadily in both number and complexity. In FY 2021, EPA will
continue to focus on responding to the increased number of complex and challenging information
requests. Targeted legal counseling will be provided to ensure appropriate responses for FOIA
requests.
In FY 2021, the Agency will continue to progress toward its long-term performance goal to reduce
its FOIA backlog by FY 2022. By the end of FY 2019, EPA reduced its FOIA backlog to 2,128,
this was 409 (or 16 percent) below the baseline that was set at 2,537 in April 2018, short of the 25
percent targeted reduction.
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This program will continue its efforts in meeting FOIA's requirements and increasing transparency
by:
• Providing various trainings for Agency FOIA professionals to ensure that EPA is
effectively and efficiently responding to the public's FOIA requests. In FY 2021, EPA will
continue to provide FOIA training for the Agency's supervisors to ensure that supervisors
fully understand the relevant legal requirements. EPA also will improve the FOIA intake
and assignment process, process FOIA appeals, and provide FOIA legal counseling, all to
enhance EPA's FOIA response timeliness and accuracy.
• Implementing the Agency's FOIA regulations by updating EPA's FOIA Policy and
Procedures; issuing guidance;98 and providing project management, coordination, and legal
counseling services for EPA's most complicated and challenging FOIA request projects.
Performance Measure Targets:
(PM FOl) Percentage reduction in overdue FOIA requests from the April 2018 baseline.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
No Target
Estab-
lished
25
50
75
Percent
Actual
-9
16
Numerator
-224
409
Requests
Denominator
2,537
2,537
Work under this program supports the FOIA long-term performance goal under Goal 2/Objective
2.2, Increase Transparency and Public Participation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$2,372.0) This change is an increase due to the recalculation of base payroll costs.
• (+$1,232.0 / -7.4 FTE) This net program change is an increase to focus on high priority FOIA
cases and provide legal counseling and support for EPA's operations and a reduction in other
legal support.
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 statute).
98 On June 26, 2019. EPA brought its FOIA regulations into compliance with 2007, 2009, and 2016 amendments to the FOIA.
Freedom of Information Act Regulations Update (the "Rule"), 84 Fed. Reg. 30028 (June 26,2019). EPA's FOIA regulations
were last updated in 2002 and were significantly out of compliance with the amended statute.
317
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Regional Science and Technology
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Prioritize Robust Science
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Total Budget Authority
$1,224.3
$808.0
$0.0
-$808.0
Total Workyears
1.4
1.7
0.0
-1.7
Program Project Description:
The Regional Science and Technology (RS&T) Program provides assistance to programs
implementing the Resource Conservation and Recovery Act; Toxic Substances Control Act; Clean
Water Act; Safe Drinking Water Act; Clean Air Act; and Comprehensive Environmental
Response, Compensation and Liability Act. The RS&T Program performs laboratory analysis,
field monitoring, and sampling analysis in order to provide credible scientific data on
environmental pollutants and conditions to the Agency's decision makers.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. The Agency
continues to work toward establishing a comprehensive enterprise-wide laboratory approach.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$808.0 / -1.7 FTE) This funding change proposes to eliminate the Regional Science and
Technology Program.
Statutory Authorities:
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).
318
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Regulatory/Economic-Management and Analysis
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Create Consistency and Certainty
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$12,616.7
$13,094.0
$17,294.0
$4,200.0
Total Workyears
60.2
74.0
74.0
0.0
Program Project Description:
The Regulatory /Economic, Management and Analysis Program is responsible for reviewing the
Agency's regulations to ensure that they are developed in accordance with the governing statutes,
executive orders, and Agency commitments and are based on sound technical, economic and
policy assumptions. Further, the Program ensures consistent and appropriate economic analysis of
regulatory actions, conducts analyses of regulatory and non-regulatory approaches, and considers
interactions between regulations across different environmental media. The Program establishes
compliance with Executive Order (EO) 13771 by ensuring that the costs and cost savings of EPA's
actions are fully and appropriately estimated. The Program also ensures the Agency's regulations
comply with additional statutory and EO requirements, including the Congressional Review Act,
the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement
Fairness Act), and EOs 12866 and 13563 regarding the Office of Management and Budget (OMB)
regulatory review. EPA recently built a prototype economy-wide model and assessed under what
circumstances economy wide impacts should be assessed. The Program also includes the Agency's
newly appointed Chief Statistical Officer charged with implementing major elements of the
Foundations for Evidence Based Policy Act.99
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Create Consistency and Certainty in
the FY 2018 - 2022 EPA Strategic Plan. The Program assists the Administrator and senior Agency
staff in implementing new regulatory policy priorities, including EO 13771100 (Reducing
Regulation and Controlling Regulatory Costs), EO 13777101 (Enforcing the Regulatory Reform
Agenda), EO 13783102 (Promoting Energy Independence and Economic Growth), EO 13790103
99 For more information, please see: https://www.congress.gOv/l 1.5/plaws/publ435/PLAW-l 15publ435.pdf.
100 For more information, please see: https://www.epa.gov/laws-regulations/executive-order-13771-ieducing-regulation-and-
controlling-regulatory-costs.
101 For more information, please see: https://www.federalregister.gov/documents/2017/03/01/2017-041Q7/enforcing-the-
regulatoiy-reform-agenda.
102 For more information, please see: https://www.whitehouse.gov/presidential-actions/presidential-executive-order-promoting-
energy-independence-economic-growth/.
103 For more information, please see: https://www.whitehouse.gov/presidential-actions/presidential-executive-order-promoting-
agriculture-rural-prosperity-america/.
319
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(Promoting Agriculture and Rural Prosperity in America), and EO 13 891104 (Promoting the Rule
of Law through Improved Agency Guidance Documents).
In FY 2021, EPA will continue its efforts to assess and review the costs and benefits to businesses,
jobs, communities, government entities, and the broader economy associated with each
economically significant regulatory action to maximize the net benefits of policies protecting
human health and the environment. EPA will collect data and build models to assess regulatory
proposals and their impacts on costs, benefits and economic performance. Planned key program
activities include:
• Continue to work on a model of the U.S. economy. This model is ideally suited to assess
how regulations affect the economy, including distributional impacts, costs, and broader
macro-economic performance. EPA also will have the model peer reviewed, available for
public comment and demonstrated in some regulatory analyses. This model will provide
critical evidence-based analyses to inform decision making.
• Continue to build a model to assess the benefits of national regulations that change water
quality. This effort will provide important evidence-based data and analyses, consistent
with economic science best practices to inform decision making.
• Continue to manage EPA's implementation of EOs, including development and
management of the annual regulatory budget, analyzing potential areas of cost savings,
ensuring EPA continues to meet or exceed the goal of repealing two regulations for each
new regulation issued, pursuant to EO 13771, and maintaining a website that provides
information about regulatory and deregulatory actions.
• Review economic analyses prepared by EPA to ensure compliance with OMB Circular A-
4 on Regulatory Analysis, EO 12866, and other related requirements. Provide the
Administrator and the public with high-quality analysis of the costs, benefits, and impacts
on jobs, businesses, and communities to better inform decision-making and ensure
transparency about the consequences of regulation.105
• Continue to work on development of new regulations to support greater consistency and
transparency in consideration of economic costs and benefits in the regulatory development
process and implementation of Agency programs.
• Continue to work on an updated EPA's Guidelines for Preparing Economic Analyses to
our Science Advisory Board for peer review. The updated guidelines will help ensure that
analyses provide a complete accounting of the impacts of regulatory actions, including
distributional consequences. The guidelines also will help ensure that evidence-based
economic analysis will be done consistently across EPA programs and in accordance with
best economic methods.
104 For more information, please see: https://www.federaliegister.gov/documents/2019/10/15/2019-22623/promoting-the-rule-of-
law-through-improved-agency-guidance-documents.
105 For more information, please see: https://www.epa.gov/environmental-economics/guidelines-preparing-economic-analvses.
320
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• Apply the best economy-wide modeling tools to assess the economic effects of
environmental regulatory options, including methods designed to examine the distribution
of regulatory burdens. Work to develop open source data and economic models to analyze
impacts of environmental regulations. These updated guidelines will help ensure that
evidence-based economic analysis will be done consistently across EPA programs and in
accordance with best economic methods.
• Pursuant to EPA's Energy Independence Report under EO 13783, conduct more detailed
employment analysis of regulations (both the direct and indirect employment impacts) on
a regular basis, including developing information and models to help conduct ex post
cumulative assessment.
• Continue to develop EPA's semiannual unified Regulatory Agenda, while ensuring EPA
complies with requirements under EO 13771.
• Manage EPA's internal Action Development Process and expand and upgrade regulatory
planning and tracking tools to facilitate timely decisions and coordination across programs.
• Serve as EPA's liaison with the Office of Information and Regulatory Affairs within OMB.
• Serve as EPA's liaison with the Office of the Federal Register by reviewing, editing, and
submitting documents for publication so that the public, states, other agencies, and
Congress are informed about EPA's regulatory activities in a timely manner.
• Support EPA's newly appointed Chief Statistical Officer, who will provide technical
support and review of projects under EPA's evaluation plan and evidence-based policy
agenda; design statistically-sound policy analyses and evaluations, assist in the
development of the evaluation plan; and promote culture of evidence-based decision
making.
• Lead EPA's implementation of EO 13891, including establishing a new website with links
to all EPA guidance documents in effect and the promulgation of a new rule setting forth
processes and procedures for issuing guidance documents.
Performance Measure Targets:
(PM RG2) Hours of unnecessary or duplicative reporting burden to the regulated community eliminated.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
2,000,000
2,000,000
2,000,000
2,000,000
Hours
Actual
2,026,627
-5,893,454
321
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(PM RG3) Number of EO 13771 regulatory actions issued.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
No Target
Established
No Target
Established
No Target
Established
No Target
Established
Actions
Actual
3
6
(PM RG4) Number of EO 13771 deregulatory actions issued.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
No Target
Established
No Target
Established
No Target
Established
No Target
Established
Actions
Actual
10
18
(PM RG5) Total incremental cost of all EO 13771 regulatory and deregulatory actions.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
-40
-50
-2,138
No Target
Established
Millions of
Dollars
Actual
-75
449
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$2,787.0) This change is an increase due to the recalculation of base payroll costs.
• (+$1,413.0) This program change increases resources to implement regulatory policy
priorities and to assess, review, and improve the Agency's regulations and underlying
economic tools in accordance with new Executive Orders.
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 statute).
322
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Science Advisory Board
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Prioritize Robust Science
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$3,154.5
$3,214.0
$4,031.0
$817.0
Total Workyears
14.6
18.7
18.7
0.0
Program Project Description:
Congress established EPA's Science Advisory Board (SAB) in 1978, under the Environmental
Research, Development, and Demonstration Act, to advise the Administrator on a wide range of
highly visible and important scientific matters. The Clean Air Scientific Advisory Committee
(CASAC) was established in 1977, under the Clean Air Act Amendments of 1977, to provide
independent advice to the EPA Administrator on the technical bases for EPA's National Ambient
Air Quality Standards (NAAQS). The SAB and the CASAC, both statutorily-mandated chartered
Federal Advisory Committees, draw from a balanced range of non-EPA scientists and technical
specialists from academia, states, independent research institutions, and industry. The Program
provides management and technical support to these advisory committees. The Committees
provide EPA's Administrator independent advice and objective scientific peer review on the
technical aspects of environmental issues as well as the science used to establish criteria, standards,
regulations, and research planning, as requested.106
In FY 2019, the SAB produced two consultations and three scientific peer reviews while CASAC
produced one consultation and one scientific peer review. SAB topics included a review of
assessments of IRIS chemicals and a review of biogenic carbon emissions from stationary sources.
The CASAC work was a review of the PM Integrated Science Assessment and a consultation of
the ozone Integrated Review Plan. In FY 2019, EPA organized a Lean event focusing on improving
efficiency and effectiveness through a proposed cross-cutting measure. The SAB proposed a seven
percent reduction in the time it takes to develop reports and proposed to post Federal Advisory
Committee Act (FACA) meeting minutes 90 days after the meeting. These actions are intended to
increase transparency and public participation.
106 For more information, please see: littp://www.epa.gov/sab/ and http://www.epa.gov/casai/.
323
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FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.3, Prioritize Robust Science in the FY
2018 - 2022 EPA Strategic Plan. FY 2021 resource levels are an opportunity for EPA's SAB to
reprioritize activities. Authorizing legislation and scientific integrity mandate that each peer
review meets certain minimum standards for a successful independent review. In FY 2021, the
Program will continue federally mandated CASAC reviews of policy assessments, risk exposure
assessments, and health and ecological criteria for primary National Ambient Air Quality
Standards. The CASAC expects to conduct two such NAAQS reviews in FY 2021. The SAB also
anticipates four reviews of supporting science associated with agency rulemakings in FY 2021, six
reviews to accommodate additional requests as made by EPA's Administrator or program, and
five reviews to assist the Agency in its review of toxic chemicals under the reformed Toxic
Substances Control Act. For FY 2021, the SAB and CASAC will continue focusing on efficiency,
increasing transparency and public participation, and expect to complete nine advisory reports.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$970.0) This change is an increase due to the recalculation of base payroll costs.
• (-$153.0) This program change reduces the Science Advisory Board Program by
streamlining support for conducting peer reviews and assessing Integrated Risk
Information System chemicals. This reduction also incorporates implementation of
business process improvements to assure logistical support is provided to help the SAB
and CASAC adhere to the provisions of FACA.
Statutory Authority:
Environmental Research, Development, and Demonstration Authorization Act (ERDDAA);
Federal Advisory Committee Act (FACA); Clean Air Act (CAA).
324
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Operations and Administration
325
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Acquisition Management
Program Area: Operations and Administration
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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-------
• The OMB Category Management Cross-Agency Priority (CAP) goal focuses on total
acquisition spend transitioned from contract vehicles that are unaligned with category
management principles to the Spend Under Management (SUM) program. In FY 2019, to
further EPA's ability to meet its FY 2020 Category Management CAP goal, the EPA
revised its Acquisition Guidance section 8.0.100, Requirements for Mandatory Use of
Common Contract Solutions to include the policy mandating the use of enterprise-wide
contract vehicles, in addition to BIC contract solutions and other OMB-designated contract
solutions. Based on this policy change, EPA anticipates greater than 50 percent of total
addressable spend will have been transitioned into the SUM program by the end of FY
2021, relative to the end of FY 2018 result of 26 percent.
• In FY 2021, EPA will continue to implement BIC solutions to identify pre-vetted,
government-wide contracts as part of the Agency's effort to utilize more mature, market-
proven acquisition vehicles.107 Through BIC solutions, EPA will leverage acquisition
experts to optimize spending within the government-wide category management
framework and increase the transactional data available for agency level analysis of buying
behaviors.
• In FY 2021, EPA also will continue to maximize its Strategic Sourcing Program (SSP),
thereby enhancing purchase coordination, improving price uniformity and knowledge-
sharing, and leveraging small business capabilities to meet acquisition goals. The SSP
allows the Agency to research, assess, and award contract vehicles that will maximize time
and resource savings. The SSP serves as a foundation for effective financial and resource
management because it simplifies the acquisition process and reduces costs. Long-term
implementation of the SSP is transforming the Agency's acquisition process into a
strategically driven function, ensuring maximum value for every acquisition dollar spent.
In FY 2019, EPA realized a $4.7 million cost avoidance by using data analysis tools to
monitor specific, measurable data related to print services, cellular services, shipping,
Microsoft software, voice services, office supplies, lab supplies, PCs, and furniture. Since
the beginning of the Strategic Sourcing program in FY 2013 through the end of FY 2019,
EPA has achieved cost avoidance of $19.4 million. In FY 2021, EPA anticipates
approximately $4.3 million in additional savings.
In FY 2021, EPA requests an increase to evaluate options for replacing the EPA Acquisition
System (EAS) with an approved government-wide Federal Shared Service Provider (FSSP) for a
contract writing system. This investment will support the Agency's long-term performance goal
in the FY2018 - 2022 EPA Strategic Plan to increase the adoption of shared services by September
30, 2022. It also is in line with OMB-17-22 "Comprehensive Plan for Reforming the Federal
Government,"108 OMB-19-16 "Centralized Mission Support Capabilities for the Federal
Government,"109 and the President's Management Agenda CAP Goal 5: Sharing Quality
107 For additional information, please refer to: https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-
17-29.pdf Best-in-Class Mandatory Solution -Package Delivery Services.
108 For more information, please visit: https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-
109 For more information, please refer to: https://www.whitdiouse.gov/wp-content/uploads/2019/04/M-19-16.pdf.
327
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Services.110 The Agency is focusing on a solution that reduces costs while increasing efficiency
by standardizing federal procurement planning, contract award, administration, and close-out
processes. Transition preparations include data management strategies, business process reviews,
and user engagement to develop a business case and ensure data elements conform with Federal
Government Procurement standards.
In FY 2021, EPA will continue to focus on implementing the Financial Information Technology
Acquisition Reform Act (FITARA) by competing contracts with multiple vendors or confining the
scope of the contract to a limited task, thereby avoiding vendor lock-in, and developing acquisition
vehicles that support the Agency in FITARA compliance and implementation.
Performance Measure Targets:
(PM PRl) Percentage of contract actions processed within the Procurement Action Lead Time (PALT)
Standards.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
SA: 75
CP: 65
FAA: 80
85
90
95
Percent
Actual
SA: 70
CP: 88
FAA: 76
85
Numerator
SA: 204
CP: 21
FAA: 3,038
9,269
Actions
Denominator
SA: 1,007
CP: 24
FAA: 4,002
10,906
Work under this program also supports performance results in the Central Planning, Budgeting
and Finance Program under the EPM appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$850.0) This change is an increase due to the recalculation of base payroll costs.
• (+$400.0) This program change is an increase to support planning for the migration to a
Federal Shared Service Provider contract writing system.
• (-$2,574.0 / -11.2 FTE) This program change streamlines contractor support for: helpdesk
services for EPA's Acquisition System; the closeout of contracts; and the Defense Contract
Management Agency for Audit Services and the Virtual Acquisition Office (a source for
up-to-date government acquisition news, research, and analysis). It also proposes to
eliminate funding for Contracts Management Assessment Program Reviews, which enable
110 For more information, please visit: https://www.whitehouse.gov/wp-content/uploads/2018/03/Presidents-Management-
Agenda.pdf.
328
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EPA to self-identify and remedy internal weaknesses, and reduces the Agency's training
for its acquisition community.
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 statute).
329
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Central Planning, Budgeting, and Finance
Program Area: Operations and Administration
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Leaking Underground Storage Tanks
$258.3
$321.0
$450.0
$129.0
Hazardous Substance Superfiind
$23,772.7
$21,971.0
$22,462.0
$491.0
Total Budget Authority
$96,951.6
$93,715.0
$99,515.0
$5,800.0
Total Workyears
421.4
456.0
435.3
-20.7
Total workyears in FY 2021 include 1.0 FTE funded by TSCA fees and 1.0 FTE funded by e-Manifest fees.
Total workyears in FY 2021 include 39.0 FTE to support Central Planning, Budgeting, and Finance working capital
fund (WCF) services.
Program Project Description:
Activities under the Central Planning, Budgeting, and Finance Program support the management
of integrated planning, budgeting, financial management, performance measurement, risk
assessments and reporting, and financial systems to ensure effective stewardship of resources. This
includes managing and supporting the Agency's financial management systems. Functions include
financial payment and support services for EPA; general and specialized fiscal and accounting
services for many of EPA's programs; strategic planning and accountability for environmental,
fiscal, and managerial results; executing an Enterprise Risk Management program to support
effective and efficient mission delivery and decision-making; providing policy, systems, training,
reports, and oversight essential for EPA's financial operations; managing the agencywide Working
Capital Fund; and managing the Agency's annual budget process. This program supports agency
activities to meet requirements of the Government Performance and Results Modernization Act
(GPRMA) of 2010; the Digital Accountability and Transparency (DATA) Act of 2014; the Federal
Information Technology Acquisition Reform Act (FITARA) of 2015; the Federal Management
Financial Integrity Act; the Inspector General Act of 1978, as Amended; and the Foundations for
Evidence-Based Policymaking Act of 2018.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness in the FY 2018 - 2022 EPA Strategic Plan. EPA will continue to provide resource
stewardship to ensure that all agency programs operate with fiscal responsibility and management
integrity, financial services are efficiently and consistently delivered nationwide, and programs
demonstrate results. EPA will maintain key planning, budgeting, performance measurement, and
financial management activities. EPA will sustain basic operations and maintenance of core
agency financial management systems: Compass, PeoplePlus (Time and Attendance), Budget
330
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Formulation System (including a new Performance Module), and related financial reporting
systems. In line with the President's Management Agenda, the Agency is reviewing its financial
systems for modernization opportunities to support greater efficiencies and effectiveness and
targeting legacy systems for replacement.
EPA will continue to modernize and streamline business processes and operations to promote
transparency and efficiency. The Program will apply Lean principles and leverage input from
customer-focused councils, advisory groups, and technical workgroups to continue improving as
a high-performance organization. EPA will standardize and streamline internal business processes
and use additional federal and/or internal shared services when supported by business case
analysis. The requested resources directly support the long-term performance goal in the FY 2018
- 2022 EPA Strategic Plan: By September 30, 2022, increase enterprise adoption of shared
services by four.
During FY 2021, EPA will focus on implementation of G-Invoicing, Treasury's Interagency
Agreement system. G-Invoicing will integrate into the Agency's accounting system as part of a
governmentwide effort to standardize and improve financial management. For EPA, this will
involve implementing new versions of the accounting systems software in FY 2020 and FY 2021.
Extensive testing and training will be needed.
The goal of G-Invoicing is to align EPA's business processes to deliver the new, more streamlined
approach for the end-to-end delivery of financial transactions for IAs. Over the next several years,
other federal shared services are planned that will impact financial transactions, and EPA will be
working to integrate upcoming new contracts systems. Among other benefits, EPA seeks to adopt
accepted and standardized business processes that will deliver greater streamlining and efficiency
and achieve improved financial and programmatic oversight. Equally important is the ability to
meet increased transparency needs, such as those prescribed in the DATA Act, as well as increased
compliance and reporting standards.
In FY 2021, EPA will continue to develop a Central Evaluation Office to advance the goals of the
Foundations for Evidence-Based Policymaking Act. Key responsibilities include developing the
Agency's learning agenda and evaluation plans that enhance strategic and annual planning. EPA
will systematically identify the most important evidence the Agency needs to gather and generate
to advance its goals and ensure use of high-quality data, evaluation results, and other information
to inform EPA's policy and decision-making. EPA will strengthen its capacity to assess and make
strategic investments in data, data quality, evaluation, and other evidence-building activities at an
enterprise level.
In FY 2021, the Program will continue to focus on core responsibilities in the areas of strategic
planning, performance measurement, assessment and reporting, and enterprise risk management;
budget preparation; financial reporting; and transaction processing. As the agency lead in
designing and implementing performance measurement and risk management strategies that
inform agency decision-making and advance mission results, the Program will focus on driving
progress toward the Administrator's priorities by regularly assessing performance results against
ambitious targets, monitoring and mitigating risks, and adjusting strategies as needed. This
includes: convening regular Performance Reviews to assess progress; promoting an increased use
331
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of data analytics and evidence-based decision-making practices; working collaboratively with
agency programs to assess and analyze performance and risk data; and providing technical
assistance on agencywide measures of governance to enhance data quality. EPA also will continue
to use the performance data and other evidence to answer fundamental business questions and
identify opportunities for service improvements.
EPA will continue to follow OMB Circular A-123 guidance, conduct internal control program
reviews, and use the results and recommendations from the Office of Inspector General (OIG) to
provide evidence of the soundness of EPA's financial management program and identify areas for
further improvement. The Agency will collect key operational statistics for its financial
management program to further evaluate its operations and for management decision-making. .
For example, since FY 2018, through extensive employee outreach and improved communication
with human resources, EPA reduced the number of payroll payments made outside of the normal
payroll process by 92 percent. EPA also uses its major systems' help desk ticket data to evaluate
ticket durations, urgent ticket responses, ticket escalations, and customer experience to determine
potential improvements and best practices. In addition, EPA is dedicated to reducing fraud, waste,
and abuse, and strengthening internal controls over improper payments. Since the implementation
of the Improper Payments Information Act of 2002, EPA has continually reviewed, sampled, and
monitored its payments to protect against erroneous payments and complied with reporting
requirements.
The Program will continue to support FITARA requirements in accordance with EPA's
Implementation Plan.111 The Chief Information Officer will continue to be engaged throughout the
budget planning process to ensure that IT needs are properly planned and resourced in accordance
with FITARA.
Performance Measure Targets:
(PM CFl) Number of administrative shared services.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
6
7
8
10
Shared
Services
Actual
4
4
4
4
4
7
(PM CF2) Number of Agency administrative subsystems.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
24
22
22
21
Subsystems
Actual
:<>
29
29
Work supporting performance results under this program also can be found in the Facilities
Infrastructure and Operations Program under the EPM appropriation and the Human Resources
Management Program under the EPM appropriation.
111 For more information please see: http://www.epa.gov/open/fitara-mplementation-plan-and-chief-iiifoniiation-officer-
assignment-plan.
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$1,040.0) This change is an increase due to recalculation of base payroll costs.
• (+$1,983.0 / 2.0 FTE) This program change is to support the work of a new Central
Evaluation Office in OCFO with the purpose of coordinating and implementing the
requirements of the Foundations for Evidence-Based Policymaking Act.
• (+$2,157.0 / -11.2 FTE) This net program change is an increase to support the
implementation of G-Invoicing (+$1,348.0) and other Financial Management Payment
Processing Modernization (+$1,150.0) efforts including upgrading, testing, and
integrating with the Agency's current accounting systems, offset from savings from the
retirement of legacy financial systems; streamlining efforts in the areas of budget
preparation, financial reporting, and transaction processing; and efficiencies that reduce
need for staffing.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified as Title 5 App.) (EPA's organic statute).
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Facilities Infrastructure and Operations
Program Area: Operations and Administration
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linviriinmcnhil Programs A- Mmuigcmcnl
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$67,856.9
$65,372.0
$67,908.0
$2,536.0
Building and Facilities
$23,017.8
$26,922.0
$33,377.0
$6,455.0
Leaking Underground Storage Tanks
$847.2
$868.0
$796.0
-$72.0
Inland Oil Spill Programs
$577.3
$665.0
$682.0
$17.0
Hazardous Substance Superfund
$82,243.2
$76,473.0
$76,831.0
$358.0
Total Budget Authority
$496,042.8
$457,895.0
$496,939.0
$39,044.0
Total Workyears
329.9
315.4
307.6
-7.8
Total workyears in FY 2021 include 2.1 FTE to support Facilities Infrastructure and Operations working capital fund
(WCF) services.
Program Project Description:
Environmental Programs and Management (EPM) resources in the Facilities Infrastructure and
Operations Program fund the Agency's rent, utilities, and security. The Program also supports
centralized administrative activities and support services, including health and safety,
environmental compliance and management, facilities maintenance and operations, space
planning, sustainable facilities and energy conservation planning and support, property
management, mail, and transportation services. Funding for such services is allocated among the
major appropriations for the Agency.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness in the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, EPA will continue to invest
in the reconfiguration of EPA's workspaces, enabling the Agency to release office space and avoid
long-term rent costs, consistent with HR 4465,112 the Federal Assets Sale and Transfer Act of 2016.
EPA is implementing a long-term space consolidation plan that will reduce the number of occupied
facilities, consolidate space within remaining facilities, and reduce square footage wherever
practical. EPA also will continue to work to enhance its federal infrastructure and operations in a
manner that increases efficiency.113
112 For additional information, please refer to: https://www.congress.gov/bill/114th-congress/house-bill/4465. Federal Assets
Sale and Transfer Act of 2016.
113 For additional information, please refer to: littps://www.whitehouse.gov/presidential-actions/executive-order-regarding-
efficient-federal-operationsA Executive Order 13834 "Efficient Federal Operations". For information on EPA's FY 2018
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EPA is working toward the long-term performance goal in the FY2018 - 2022 EPA Strategic Plan
to reduce unused office and warehouse space by 850,641 square feet nationwide by September 30,
2022. This has the potential to provide a cumulative annual rent avoidance of approximately $28
million across all appropriations. This will help offset EPA's escalating rent and security costs. In
FY 2019, EPA released 128,150 square feet of unused office and warehouse space. Planned
consolidations in FY 2021 will allow EPA to release an expected 319,693 square feet of space.
For FY 2021, the Agency is requesting $167.27 million for rent, $8.89 million for utilities, and
$28.96 million for security in the EPM appropriation. EPA uses a standard methodology to ensure
that rent charging appropriately reflects planned and enacted resources at the appropriation level.
In FY 2021, the Agency will take aggressive action to reconfigure EPA's workplaces with the goal
of reducing long-term rent costs. Space consolidation and reconfiguration enables EPA to reduce
its footprint to create a more efficient, collaborative, and technologically sophisticated workplace.
However, even if modifications are kept to a minimum, each move requires initial Buildings and
Facilities funding to achieve long-term cost avoidance.
EPA will continue to manage lease agreements with GSA and private landlords, and maintain EPA
facilities, fleet, equipment, and fund costs associated with utilities and building security needs.
EPA also will meet regulatory Occupational Safety and Health Administration (OSHA)
obligations and provide health and safety training to field staff (e.g., inspections, monitoring, On-
Scene Coordinators), and track capital equipment of $25 thousand or more.
In addition, the Agency will continue to utilize GSA's Managed Service Office, USAccess, for
PIV card enrollment and issuance. USAccess is a shared services solution which is in line with
OMB's Federal IT Shared Services Strategy and the President's Management Agenda.114
Performance Measure Targets:
(PM FAl) Reduction in EPA Space (sq. ft. owned and leased).
I V 2014
I V 2015
I V 201(.
I V 20 r
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
241,000
163,626
100,821
319,693
Square Feet
Actual
149,278
128,150
Work under this program also supports performance results in the Central Planning, Budgeting
and Finance Program under the EPM appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$3,362.0) This change is an increase due to the recalculation of base payroll costs.
• (+$8,665.0) This net change to fixed and other costs is an increase due to the recalculation
of rent, utilities, security, and transit subsidy.
performance for efficient Federal operations/management, please visit: https://www.sustainability.gov/images/scorecards/epa-
scorecard-fy201.8 .pug.
114 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploads/2018/03/Presidents-
Management-Agenda.pdf.
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• (+$17,723.0 / -2.2 FTE) This net program change increases support for moves and space
reconfiguration. Funds will allow the Agency to release space in Regions 3, 6, 9 and
headquarters and is necessary for the EPA to operate within the appropriation levels in the
President's Budget.
Statutory Authority:
Federal Property and Administration Services 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 statute).
336
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Financial Assistance Grants / IAG Management
Program Area: Operations and Administration
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmcnlul I'roffrum.s A- Muna^cmcni
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Hazardous Substance Superfund
$2,517.7
$2,580.0
$2,903.0
$323.0
Total Budget Authority
$26,312.5
$26,382.0
$24,355.0
-$2,027.0
Total Workyears
129.9
139.5
115.7
-23.8
Program Project Description:
Environmental Program and Management (EPM) resources in the Financial Assistance Grants and
Interagency Agreement (IA) Management Program support the management of grants and IAs,
and suspension and debarment activities. Grants comprise approximately 40 percent of EPA's
overall budget. Resources in this program ensure that EPA's management of grants and IAs meet
the highest fiduciary standards, that the grant and IA funding produces measurable results for
environmental programs, and that the suspension and debarment program effectively protects the
government's business interest.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and
Effectiveness in the FY 2018 - 2022 EPA Strategic Plan. Accordingly, EPA will continue to
implement activities to achieve efficiencies while enhancing quality and accountability. In FY
2021, EPA will continue investments in modernizing grant and IA information
technology/information management (IT/DM) systems in support of the President's Management
Agenda.115
Work in this program supports the long-term performance goal in the FY 2018 - 2022 EPA
Strategic Plan. By September 30, 2022, increase enterprise adoption of shared services by four.
The Agency will complete activities to align its IA business processes to ensure compatibility with
the government-wide mandate to adopt G-Invoicing by June 2021.
In FY 2021, additional resources are requested for the Agency to complete the deployment of
EPA's Next Generation Grants System (NGGS) and to retire outdated legacy grants management
system. The transition to NGGS has a relatively low deployment time and will require fewer
training resources as the system is based on legacy grant system infrastructure already familiar to
staff. NGGS relies on a flexible platform that will enable it to adapt to changing technology and
115 For more information, please visit: https://www.whitehouse.gov/wp-content/uploads/2018/03/Presidents-Management-
Agenda.pdf.
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business processes and will allow it to easily integrate with other agency systems. Prior to moving
forward with the development of NGGS, EPA researched available federal shared service
providers for grants systems and was unable to identify an existing solution that would enable the
Agency to fulfill its fiduciary responsibilities, and ensure proper accountability, oversight,
controls, reporting capability and financial stewardship, of EPA grants.
EPA will continue to focus on reducing the administrative burden on EPA and grants recipients
and on improving grants management procedures by: 1) streamlining EPA's grants management
policies through a new comprehensive framework to guide policy development, implementation,
compliance, and review; 2) using EPA's Lean Management System to refine grants management
processes; and 3) moving to a risk-based method of pre- and post-award monitoring for grants to
more effectively ensure compliance and also reduce burden.
The Agency will continue to make use of discretionary debarments and suspensions as well as
statutory debarments under the Clean Air Act and Clean Water Act to protect the government's
business interests. In FY 2021, EPA will focus suspension and debarment activity on the most
egregious violations. Congress and federal courts have long recognized federal agencies' inherent
authority and obligation to exclude non-responsible parties from eligibility to receive government
contracts and non-procurement awards (for example: grants, cooperative agreements, loans, and
loan guarantees). A number of recent federal statutes, GAO reports, and OMB directives require
that federal agencies administer effective suspension and debarment programs to protect the
public's interest and the integrity of federal programs.
Performance Measure Targets:
Work under this program supports performance results in the Central Planning, Budgeting, and
Finance Program under the EPM appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$1,471.0) This change is an increase due to recalculation of base payroll costs.
• (-$4,221.0 / -21.4 FTE) This program change is a decrease based on the Agency's shift to
focus on core grants management operations, which include pre-award reviews; post-
award monitoring; compliance; administrative advanced monitoring reviews; management
effectiveness reviews; baseline monitoring; and audit follow-up activities on the highest
risk awards.
• (+$400.0) This program change is an investment to support migration to a new grants
administration management system and to retire outdated legacy software.
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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 statute); Federal Grant and Cooperative Agreement Act;
Federal Acquisition Streamlining Act § 2455.
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Human Resources Management
Program Area: Operations and Administration
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Improve Efficiency and Effectiveness
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S-/1.556.0
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Hazardous Substance Superfond
$6,163.7
$6,548.0
$5,704.0
-$844.0
Total Budget Authority
$49,503.6
$48,104.0
$50,242.0
$2,138.0
Total Workyears
201.4
228.2
223.0
-5.2
Program Project Description:
Environmental Programs and Management (EPM) resources for the Human Resources (HR)
Management Program support human capital (HC) activities throughout EPA. To help achieve its
mission and maximize employee productivity and job satisfaction, EPA continually works to
improve business processes for critical HC functions including recruitment, hiring, employee
development, performance management, leadership development and workforce planning. This
includes personnel and payroll processing through the Human Resources Line of Business. EPM
resources also support overall federal advisory committee management and Chief Human Capital
Officer Council activities under applicable statutes and guidance, including the Agency's Human
Capital Operating Plan.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.5, Improve Efficiency and Effectiveness
in the FY 2018 - 2022 EPA Strategic Plan. Effective workforce management is critical to EPA's
ability to accomplish its mission. EPA's efforts in HC functions are focused on sustaining the
workforce, retaining critical expertise, and capturing institutional knowledge. The Agency is
developing and deploying management tools to assist EPA in ensuring the right staff with the
appropriate skills are placed in the most suitable positions. These tools also will be valuable as an
increasing percentage of the workforce becomes retirement eligible. Currently, 25 percent of
EPA's workforce is retirement eligible, increasing to an estimated 50 percent over the next five
years. EPA will continue to support efforts to maintain the high-quality of core operations, improve
efficiencies and achieve greater effectiveness in mission support functions including HC
management.
In FY 2021, the Agency will continue to build upon its performance, learning, and succession
management activities. EPA will maintain and operate FedTalent, a talent management system
provided through the Department of Interior (DOI)'s Interior Business Center (IBC). FedTalent
serves as a valuable tool to assist with developing, delivering, and tracking high-impact training.
EPA will continue to migrate and consolidate training data from more than 15 disparate training
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repositories to ensure FedTalent is a one-stop-shop for all training needs. Additionally, the Agency
is planning to procure and deploy a performance management system to move from paper to an
automated process for the start of FY 2021.
In FY 2021, EPA will continue to maintain and operate three other recent workforce planning tools
- the Mission Critical Occupations dashboard (to be fully launched in FY 2020) and the Workforce
Demographics and Diversity dashboards (both fully deployed and in place). These dashboards
provide data visualizations and easy-to-understand information about the current workforce and
are essential for succession planning and management because they afford managers a strategic
view of retirement eligibility, diversity information, occupational series, and grade levels, as well
as the ability to drill down and access data at lower organizational levels. The dashboards assist
EPA with succession planning by helping identify workforce gaps due to anticipated retirements
and attrition trends.
The Agency will continue the development and piloting of its Talent Enterprise Diagnostics (TED)
tool in FY 2020, which advances human capital priorities by enhancing EPA's ability to make
strategic workforce decisions. In FY 2021, TED data will continue to serve a crucial role in EPA's
Workforce Planning and Succession Management process to identify potential competency gaps
across the Agency and to increase management's understanding of where needed skill sets reside
within EPA.
EPA is working to develop and maintain a high-caliber and modern information technology (IT)
and security workforce though direct hiring authority (DHA) granted by 5 CFR § 337116 for IT
positions. This authority allows EPA to recruit highly skilled candidates in very technical areas of
work without regard to the provisions of Title 5. The Agency hired 23 IT specialists leveraging
this authority in FY 2019. EPA will continue to leverage the use of the DHA across IT specialist
occupation categories in FY 2020 and FY 2021.
EPA will continue to focus on delivering statutorily required services associated with the
Employee Counseling Assistance Program, the Federal Worker's Compensation Program, the
Drug-free Workplace Program, Unemployment Compensation, and Sign Language Interpreting
and Captioning services. Furthermore, the Agency will continue its focus on Labor and Employee
Relations (LER) by administering and/or negotiating national labor agreements and providing
advice, guidance, and assistance to regional and local level negotiations. EPA also will continue
its efforts to strengthen managers' and supervisors' institutional knowledge on LER related matters
through training and outreach; provide advisory and counseling support agencywide; and conduct
analysis of HC information to assist managers and supervisors.
The Agency is strengthening and improving its HR accountability program through internal
assessments with the Office of Personnel Management's HRStat framework. With a focus on
efficient, effective, and accountable systems, EPA is meeting all regulatory requirements and looks
for opportunities for continuous improvement.
116 For more information, please refer to: https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&sid=lb430a73f84957c9flaf2dee2f[9d0d5&rgn=div5&view=text&node=5:l .0.1. .2.48&idno=5#5:1. .0.1. .2.48.2.1.6.1.
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EPA has reconstituted an intern program to address the expected retirement wave. The Green
Intern program introduces participants to core mission work. This program is supported by formal
coaching and training programs aimed at sustaining the workforce, expanding professional
development opportunities, and increasing employee productivity. The first intern class began
onboarding at the start of FY 2020. EPA also has expanded its outreach to new potential sources
for future employees. Specifically, EPA reestablished connections with the Washington Center to
bring on rising college seniors to experience working at the Agency; signed a Memo of
Understanding with the Society of Hispanic Professional Engineers for promoting a diverse
workforce; and initiated participation in the President Management Council's Interagency
Rotational Program to create leadership development assignments for GS 13-15 level employees.
The Agency is actively involved with OPM's Chief Human Capital Officer Council and the
President's Management Council's Agenda to address the challenges of the 21st Century federal
workforce. EPA will continue to collaborate in these forums to maximize the value these
communities add to important government-wide issues. FY 2021 priorities include workforce
planning, succession planning, and employee engagement. The EPA Workforce Plan is being
updated using the dashboards and the TED tool mentioned previously. Succession planning is
taking the form of outreach to potential leaders through expanded partnerships. EPA is building
on current employee engagement efforts through its Engagement Community of Practice and the
creation of an Engagement Officer position.
In FY 2021, EPA's Human Resources Shared Service Centers (HRSSC) in Cincinnati, Ohio and
Research Triangle Park, North Carolina will continue to manage recruitment; employee relations
and advisory services; develop, implement, and enhance training and employee orientation
programs; and provide management guidance on workforce planning and personnel policies.
Additionally, the HRSSCs will continue to coordinate and deliver a comprehensive human
resource management program. Other specific functions of the HRSSCs encompass employee
benefits, retirement counseling, career development, performance management, personnel actions,
and quality of life issues.
EPA's advisory committees, which operate as a catalyst for public participation in policy
development, implementation, and decision making, have proven effective in building consensus
among the Agency's diverse external partners and stakeholders. The Agency will continue its
ongoing efforts to modernize the advisory committee administrative processes by implementing
an electronic committee membership nomination and appointment process to improve operational
efficiency, effectiveness, accuracy, and timeliness.
Performance Measure Targets:
Work under this program supports performance results in the Central Planning, Budgeting, and
Finance Program under the EPM appropriation.
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FY 2021 Change from Estimated the FY 2020 Enacted Budget (Dollars in Thousands):
• (+$4,221.0) This change is an increase due to the recalculation of base payroll costs.
• (-$1,239.0 / -5.2 FTE) This net program change reduces funding for: operational support
for HR programs being utilized agencywide including the Agency's recruitment and
diversity and inclusion activities, EPA's Human Resources Council and National
Partnership Council, the Leave Bank, and the Workplace Solutions; enhancements and
maintenance of EPA's HR IT Systems including HR Line of Business, data management
and analysis, troubleshooting, and change requests; support for Federal Advisory
Committees not mandated by statute; and centrally-provided, non-mandatory training.
Statutory Authority:
Title 5 of the U.S.C.; 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).
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Pesticides Licensing
344
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Science Policy and Biotechnology
Program Area: Pesticides Licensing
Goal: Greater Certainty, Compliance, and Effectiveness
Objective(s): Prioritize Robust Science
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$1,823.4
$1,605.0
$0.0
-$1,605.0
Total Workyears
5.9
4.6
0.0
-4.6
Program Project Description:
The Science Policy and Biotechnology Program provides scientific and policy expertise,
coordinates EPA's intra/interagency efforts, and facilitates information-sharing related to core
science policy issues concerning pesticides and toxic chemicals. In addition, the Science Policy
and Biotechnology Program provides for independent, external scientific peer review through the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel, a federal
advisory committee, and the newly-formed Science Advisory Committee on Chemicals.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. Statutory
requirements will be absorbed by the pesticides and toxics programs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$1,605.0 / -4.6 FTE) This program change eliminates the Science Policy and
Biotechnology Program. The science advisory committee oversight, including peer review,
required by FIFRA and the Toxic Substances Control Act, will be conducted by the
pesticides and toxics program offices.
Statutory Authority:
Federal Insecticide Fungicide and Rodenticide Act (FIFRA); Federal Food, Drug and Cosmetics
Act (FFDCA) § 408; Toxic Substances Control Act (TSCA).
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Pesticides: Protect Human Health from Pesticide Risk
Program Area: Pesticides Licensing
Goal: A Cleaner, Healthier Environment
Objective(s): Ensure Safety of Chemicals in the Marketplace
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$3,098.5
$3,154.0
$2,443.0
-$711.0
Total Budget Authority
$58,466.7
$61,907.0
$53,711.0
-$8,196.0
Total Workyears
366.4
387.6
416.5
28.9
Total program workyears in FY 2021 include 126.0 FTE funded by the Reregistration and Expedited Processing
Revolving Fund.
Program Project Description:
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)117 and the Federal Food,
Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996
(FQPA), and the Pesticide Registration Improvement Extension Act of 2018 (PRIA),118 EPA is
charged with protecting people from the health risks that pesticide use can pose. FIFRA requires
EPA to register pesticide products before they are marketed for use in the United States.
Registration is based on the review of scientific data sufficient to demonstrate that the product can
perform its intended function without unreasonable adverse effects on people or the environment.
This program emphasizes the use of reduced risk methods of pest control, including the use of
reduced risk pesticides and helping growers and other pesticide users learn about new, safer
products and methods of using pesticides.
Under FFDCA, if a pesticide is to be used in a manner that may result in pesticide residues in food
or animal feed, EPA must establish a tolerance, or maximum legal residue level or exemption from
the requirement of a tolerance before it can be registered. To establish a tolerance, EPA must find
that the residues are "safe," which, under FFDCA, means that there is a reasonable certainty of no
harm to human health from aggregate exposure to the pesticide residue in food and from all other
exposure except occupational exposure.119 EPA must periodically review the registration and
tolerances that the Agency issues to ensure that the public health is adequately protected.
117 For additional information on FIFRA, please visit: https://www.epa.gov/laws-regulations/summary-federal-insecticide-
fungicide-and-rodenticide-act.
118 On Friday, March 8, 2019, the President signed into law the Pesticide Registration Improvement Extension Act of 2018 (PRIA
4), which reauthorizes PRIA for 5 years through fiscal year 2023, and updates the fee collection provisions of the Federal
Insecticide, Fungicide, and Rodenticide Act.
119 Additional information related to pesticide registration, the setting of tolerance levels, and the pesticide risk assessment process
can be found at the following location: https://www.epa.gov/pesticide-tolerances/setting-tolerances-pesticide-residues-foods.
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FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.4 Ensure Safety of Chemicals in the
Marketplace in the FY 2018 - 2022 EPA Strategic Plan.
Pesticide Review and Registration
In FY 2021, EPA will continue to review and register new pesticides, new uses for existing
pesticides, and other registration requests in accordance with statutory requirements. In addition,
the Agency will be evaluating pesticides that are already in the market against current scientific
standards for human health. To further advance EPA's work supporting environmental justice and
children's health, EPA will process these registration requests with special consideration for
susceptible populations, especially children. Under the FQPA, EPA is statutorily required to ensure
that its regulatory decisions are protective of children's health and other vulnerable
subpopulations. EPA will continue to emphasize the registration of reduced risk pesticides,
including biopesticides, to provide farmers and other pesticide users with new, safer alternatives.
The Agency, in collaboration with the U.S. Department of Agriculture (USDA), will work to
ensure that minor use registrations receive appropriate support and that needs are met for reduced
risk pesticides for minor use crops. EPA will assist farmers and other pesticide users in learning
about new, safer products and methods of using existing products through workshops,
demonstrations, small grants, and materials available on the website and in print.
In FY 2021, EPA also will continue to review the registrations of existing pesticides with a focus
on assessing and ensuring that pesticides can continue to be used safely, without unreasonable
adverse effects to human health and the environment. The goal of the registration review process,
as mandated by statute, is to review pesticide registrations every 15 years to determine whether it
continues to meet the FIFRA standard for registration.120 For pesticides registered before October
1, 2007, EPA has a statutory mandate to make registration review decisions by October 1, 2022.
There is a total of 725 such cases. For each case, the steps in this process include, in this order,
opening dockets, developing work plans, completing risk assessments, and making decisions
regarding any risk management measures. EPA completed the opening of all 725 dockets in FY
2017 and will focus its resources on completing risk assessments and making decisions to meet
the FY 2022 statutory deadline. As of the end of FY 2019, 383 final decisions of a known universe
of 725 cases were completed and 546 draft risk assessments of a known universe of 725 cases were
completed. In working towards meeting the FY 2022 deadline for registration review, EPA expects
to complete approximately 85 draft risk assessments and 110 decisions during FY 2021. The draft
risk assessments will be published for public comments.
In FY 2021, EPA will continue enhancements to the Pesticide Registration Information System
(PRISM). Expanding the capabilities of PRISM via further inclusion of electronic processes will
reduce paperwork burden and maximize efficiency, in accordance with the President's
Management Agenda (PMA), by converting paper-based processes into electronic processes and
corresponding workflows for the Pesticide Program's regulated entities. In addition, PRISM will
create an iterative/inclusive, streamlined electronic workflow to support pesticide product
registration, chemical reviews, and assessments, and will be used as a centralized data repository
120 See. the EPA Pesticide Registration Internet site, found at: https://www.epa.gov/pesticide-registration.
347
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to electronically store associated data as they relate to regulatory decisions and scientific
information. Overall, the Agency proj ects that by expanding PRISM and related proj ects, over 150
existing business process workflows supporting the implementation of PRIA will be improved.
Reducing Pesticide Risks to People through the Registration of Lower Risk Pesticides
In FY 2021, EPA will continue to promote reduced risk pesticides by giving registration priority
to pesticides that have lower toxicity to humans and non-target organisms such as birds, fish, and
plants; low potential for contaminating groundwater; lower use rates; low pest resistance potential;
and compatibility with Integrated Pest Management (IPM).121
Several other countries and international organizations also have instituted programs to facilitate
registering reduced risk pesticides. EPA works with the international scientific community and the
Organization for Economic Cooperation and Development (OECD) member countries to register
new reduced risk pesticides and to establish related tolerances (maximum residue limits). Through
these efforts in FY 2021, EPA will help reduce risks to Americans from foods imported from other
countries.
Protecting Workers from On-the-Job Pesticide Risks
Millions of America's workers are exposed to pesticides in occupations such as agriculture, lawn
care, food preparation, and landscape maintenance. Protecting workers from potential effects of
pesticides is an important role of the Pesticide Program. Workers in several occupations may be
exposed to pesticides when they prepare pesticides for use, such as by mixing a concentrate with
water, or loading and applying the pesticide.
The Worker Protection Standard (WPS)122 and the Certification of Pesticide Applicators rules
finalized in FY 2015 and FY 2017, respectively, are key elements of EPA's strategy for reducing
occupational exposure to pesticides. In FY 2021, EPA will continue to provide extensive in-person
training to state regulators and inspectors and regions on the revised regulations to ensure accurate
implementation and protection of America's workforce.
Through this program, EPA also will continue outreach and training to healthcare providers in the
recognition and management of pesticide-related illnesses. The outreach focuses on efforts to train
clinicians serving the migrant and seasonal farmworker community, further improving the
treatment of agricultural workers and communities potentially exposed to pesticides.
Preventing Disease through Public Health Pesticides: Antimicrobial Testing
Antimicrobial pesticides play an important role in public health and safety by killing germs,
bacteria, viruses, fungi, protozoa, algae, and slime. Some of these products are used to sterilize
hard surfaces in hospitals. Chemical disinfection of hard, non-porous surfaces, such as floors, bed
121 Se
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rails, and tables is one component of the infection control systems in hospitals, food processing
operations, and other places where disease-causing microorganisms, such as bacteria and viruses,
may be present. In reviewing registrations for antimicrobials, EPA is required to ensure that
antimicrobials maintain their effectiveness.123
EPA's Antimicrobial Testing Program (ATP) has been testing hospital sterilants, disinfectants,
and tuberculocides since 1991 to help ensure that products in the marketplace meet stringent
efficacy standards. EPA is currently in the process of developing a new risk-based testing strategy
in response to EPA Office of the Inspector General recommendations made in FY 2016.124
Consistent with OIG recommendations, EPA suspended the ATP in November 2017 and released
a draft risk-based strategy, renamed the Antimicrobial Performance Evaluation Program (APEP),
in October 2019 for public comment and will continue to seek public input prior to implementation
in FY 2022.
Outreach and Education
Giving priority to reduced risk and Integrated Pest Management (IPM)-friendly pesticides are two
steps toward protecting human health. It is essential for people using pesticides to be well
informed, to understand the importance of reading and following label directions, and the
importance of proper disposal. They also need to understand how to protect themselves from pests
that can transmit disease. In FY 2021, the Pesticide Program will continue to invest in
environmental education and training efforts for growers, pesticide applicators, and workers, as
well as the public in general.
Reducing Animal Testing
In FY 2021, the Agency will continue to utilize its guiding principles on data needs125 to ensure
that the Agency has enough information to support strong regulatory decisions to protect human
health, while reducing, and eliminating in some cases, unnecessary animal testing. EPA's Hazard
and Science Policy Council (HASPOC) plays an important role in the implementation of the vision
of the 2007 National Academy of Sciences (NAS) report on toxicity testing in the 21st century —
moving toward smarter testing strategies by waiving human health toxicity studies that do not
provide useful information. Since its inception, HASPOC has waived hundreds of studies resulting
in the saving of tens of thousands of animals and tens of millions of dollars in the cost of
conducting the studies. In addition, the Agency has continued to develop and implement 21st
century toxicology and exposure methods, including the use of computer-modeling and in vitro
testing techniques, to advance more efficient and effective human health risk assessments that
support sound, risk-based, regulatory decision-making.
Evidence and Evaluation
123 See, FIFRA section 3(h)(3), 7 U.S.C. 136a(h)(3).
124 For additional information, please see: https://www.epa.gov/pesticide-registration/antimicrobial-testing-program.
125 Additional information on reducing animal testing may be found at: https: //www, epa. j
pesticides-will-reduce-animal-testing.
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EPA will continue, through EPA's Lean Management System (ELMS), to improve the review
process for pesticide new active ingredient applications by reducing the timeframes to review these
types of applications. In FY 2021, EPA will gather additional evidence, building on continuous
efforts to map the process, use data visualization techniques, engage in enhanced collaboration
activities, and identify and address bottlenecks. The Agency expects to reduce decision timeframes
for new active ingredient applications, improve on-time percentages, and leverage those
improvements for other related processes (e.g., new uses).
In FY 2019, EPA completed reviews of over 2,000 PRIA registration actions, with 97.6 percent of
those actions being completed on or before PRIA negotiated due dates; registered 14 new pesticide
active ingredients; published 85 pesticide draft risk assessments and 80 final/interim decisions for
existing pesticides. In FY 2019, EPA took an average of 686 days to complete PRIA decisions, 55
days above the target of 631. Contributing factors included: (1) three of the 14 completions had
longer statutory timeframes; (2) the total number of new active ingredient completions in FY 2019
was somewhat lower than normal; and (3) 12 of the 14 completions required renegotiation of the
PRIA due date, which itself adds time to the overall process. The average exceedance of PRIA
decision timeframes for new active ingredients (due to renegotiation) is 182 days which was
significantly better than the FY 2019 target of 284 days. Reasons for the renegotiation of the PRIA
due date in FY 2019 included: deficient applications; additional studies required; risk mitigation
issues; public participation process; and the Federal Register Notice publication process.
As part of EPA's long-term commitment to ensure the effective advancement of the chemicals
safety program to protect human health and the environment from potential risks of pesticides and
toxic chemicals, the Agency's Office of Chemical Safety and Pollution Prevention will establish
a presence in Research Triangle Park (RTP), North Carolina. Positions in RTP will be filled
competitively and will not involve reassignments or involuntary moves, and the effort will utilize
existing EPA space and resources. Establishing a presence in RTP is expected to improve
recruitment of scientific staff and increase capacity to meet OCSPP's statutory and regulatory
milestones under FIFRA, FQPA, ESA, and associated statutes.
Performance Measure Targets:
Work under this program supports performance results in the Pesticides: Protect the Environment
from Pesticide Risk Program under the EPM appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$4,763.0) This change is an increase due to the recalculation of base payroll costs.
• (-$12,248.0 / -13.0 FTE) This net program change is a reduction in funding for pesticide
program activities from annual appropriations by increasing utilization of pesticide user
fee collections.
• (+41.9 FTE) This program change shifts 41.9 FTE from annual appropriation to pesticide
user fee collections based on the available balance.
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Statutory Authority:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Federal Food, Drug, and Cosmetic
Act (FFDCA) § 408.
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Pesticides: Protect the Environment from Pesticide Risk
Program Area: Pesticides Licensing
Goal: A Cleaner, Healthier Environment
Objective(s): Ensure Safety of Chemicals in the Marketplace
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$2,415.8
$2,327.0
$2,616.0
$289.0
Total Budget Authority
$41,860.0
$41,293.0
$34,716.0
-$6,577.0
Total Workyears
295.3
249.6
268.4
18.8
Total program workyears in FY 2021 include 85.0 FTE funded by the Reregistration and Expedited Processing
Revolving Fund.
Program Project Description:
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to register a
pesticide if, among other things, the product "will also not generally cause unreasonable adverse
effects on the environment" when used in accordance with labeling and common practices. The
goal of this program is to protect the environment from the potential risks posed by pesticide use.
EPA must conduct risk assessments before the initial registration of each pesticide for each use, as
well as re-evaluate each pesticide at least every 15 years, as required by the Food Quality
Protection Act (FQPA). This periodic review is accomplished through EPA's Pesticide
Registration Review Program.
In addition to FIFRA responsibilities, the Agency has distinct obligations under the Endangered
Species Act (ESA).126 These obligations include ensuring that pesticide regulatory decisions also
will not destroy or adversely modify designated critical habitat or jeopardize the continued
existence of species listed as threatened or endangered by the U.S. Fish and Wildlife Service
(FWS) or the National Marine Fisheries Service (NMFS) (jointly, "the Services").
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.4 Ensure Safety of Chemicals in the
Marketplace in the FY 2018 - 2022 EPA Strategic Plan.
Assessing the Risks Pesticides Pose to the Environment
To accomplish the goals set out in the FIFRA and ESA statutes, in FY 2021, EPA will continue to
conduct ecological risk assessments127 to determine what risks are posed by each pesticide to
126 For additional information, please visit: https://www.epa. gov/endangered-spedes.
127 For additional information, please visit: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/factsheet-
ecological-risk-assessment-pesticides.
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plants, animals, and ecosystems that are not the targets of the pesticide and whether changes are
necessary to protect the environment. EPA has extensive authority to require the submission of
data to support its scientific decisions and uses the latest scientific methods to conduct these
ecological risk assessments. The Agency requires applicants for pesticide registration to conduct
and submit a wide range of environmental laboratory and field studies. These studies examine the
ecological effects or toxicity of a pesticide and its breakdown products on various terrestrial and
aquatic animals and plants, and the chemical fate and transport of the pesticide (how it behaves
and where it enters the soil, air, and water). EPA uses these and other data to prepare an
environmental fate assessment and a hazard, or ecological effects, assessment that interprets the
relevant toxicity information for the pesticide and its degradation products.128
In FY 2021, EPA will continue to examine all toxicity and environmental fate data submitted with
each new pesticide registration application to determine what risks the new active ingredient may
pose to the environment. When complex scientific issues arise, the Agency consults the FIFRA
Scientific Advisory Panel129 for independent scientific advice.
Risk Mitigation
To ensure unreasonable risks are avoided, EPA may impose risk mitigation measures such as
modifying use rates or application methods, restricting uses, or denying uses. In some regulatory
decisions, EPA may determine that uncertainties in the risk determination need to be reduced and
may subsequently require monitoring of environmental conditions, such as effects on water
sources, or the development and submission of additional laboratory or field study data by the
pesticide registrant.
Ensuring Proper Pesticide Use through Labeling
Under FIFRA, it is illegal to use a registered pesticide in a manner inconsistent with the label
instructions and precautions. In FY 2021, EPA will continue to use pesticide labels to indicate
what uses are appropriate and to ensure that the pesticide is used at the application rates and
according to the methods and timing approved. When EPA registers a pesticide product, it requires
specific labeling instructions and precautions. When risks are identified during the initial
registration or during registration review, the Agency may mitigate those risks by requiring label
changes. For example, EPA may require buffer zones around water sources to prevent
contamination of water or endangering aquatic plants and wildlife. Other examples are changing
the application method, or rate or timing of applications to when pollinators are not present to
prevent risks to pollinators such as bees.
Pesticide Registration Review
In FY 2021, EPA's activities will involve increased efforts on comprehensive risk assessments to
protect the environment. For the 725 cases covering all pesticides registered before October 1,
2007, EPA has a statutory mandate to make registration review decisions by October 1, 2022. For
128 Additional information may be found at: https://www.epa.gov/pesticide-science-and-assessiiig-pesticide-risks/overview-risk-
assessiiient-pesticide-prograiii.
129 For additional information, please visit: http://www.epa.gov/scipoty/sap.
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each case, the steps in this process include, in this order: opening dockets, developing work plans,
completing risk assessments, and making decisions regarding any risk management measures.
EPA completed the opening of all 725 dockets in FY 2017 and will focus its resources on
completing risk assessments and making decisions to meet the FY 2022 statutory deadline. As of
the end of FY 2019, 383 final decisions of a known universe of 725 cases were completed and 546
draft risk assessments of a known universe of 725 cases were completed. In working towards
meeting the FY 2022 deadline for registration review, EPA expects to complete approximately 85
draft risk assessments and 110 decisions during FY 2021. The draft risk assessments will be
published for public comments.
Pesticide Registration and Reducing Risk Through the Use of Safer Pesticides and Methods
The review of pesticides currently in the marketplace and implementation of decisions made as a
result of these reviews are a necessary element of meeting EPA's goals. However, attaining risk
reduction would be significantly hampered without availability of alternative products to these
pesticides for consumers.130 Consequently, the success of the Registration Program in ensuring the
availability of reduced risk pesticides plays a significant role in meeting the environmental
outcome of improved ecosystem protection. EPA has promoted reduced risk pesticides since 1993
by giving registration priority to pesticides that have lower toxicity to people and non-target
organisms such as birds, fish, and plants; low potential for contaminating groundwater; lower use
rates; low pest resistance potential; and compatibility with Integrated Pest Management (IPM).131
Biological pesticides and biotechnology often represent lower risk solutions to pest problems. In
FY 2021, EPA will continue to assist pesticide users in learning about new, safer products as well
as safer methods for using existing products. The Agency also will continue encouraging the use
of IPM tools.
Reducing Animal Testing
In FY 2021, through stakeholder discussions and participation in intergovernmental working
groups, the Agency will work to identify opportunities to reduce the use of animals in ecological
hazard testing. EPA will reach out to non-governmental organizations to collaborate on projects
(e.g., to retrospectively analyze the results of ecological hazard testing). Based on the results of
those projects, EPA will then develop and disseminate guidance materials for companies to clarify
ecotoxicology testing requirements/needs.
In FY 2021, EPA will continue its efforts for alternative methods to whole animal toxicity testing
for characterizing the effects of pesticide active ingredients on terrestrial and aquatic vertebrates.
EPA will continue the current partnership with the National Toxicology Program Interagency
Center for the Evaluation of Alternative Toxicological Methods (NICEATM). A focus will be the
use of Collaborative Acute Toxicity Modeling Suite (CATMoS) estimates of acute oral toxicity to
replace mammal testing in ecological risk assessment. EPA also will complete a study of the
feasibility for reducing the number of tested species of fish used to characterize acute effects for
130 For additional information on pesticide risk, please visit: https://www.epa.gov/pesticide-science-and-E
risks/overview-risk-assessment-pesticide-program.
131 For additional information on IPM, please visit: https: //www, epa. gov/safepestcontrol/integrated-pest
principles.
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the taxa. The effort is expected to coincide with EPA's collaboration with other federal agencies
to collect, describe, and develop performance-based evaluations for a suite of in-silico and in-vitro
methods for estimating acute lethal endpoints in fish. By addressing both the endpoint needs and
the available estimation tools concurrently, EPA expects to increase the efficiency of performance
evaluation and narrow the scope of needed estimation methods for consideration, thereby speeding
the acceptance process.
With the successful completion of methods development for acute mammal and fish toxicity
estimation efforts as well as the 2020 completion of subacute dietary study waiver guidance, EPA
also will be embarking on projects to evaluate the feasibility of reducing the number of avian
reproduction study species (currently the routing data requirement is testing for two species) and
fish life cycle tests (currently testing for freshwater and estuarine species is a frequent occurrence).
The goal would be to reduce the number of tested species, yet still provide for appropriately
protective terrestrial and aquatic organism risk assessments.
Minimizing Environmental Impacts through Outreach and Education
Through public outreach, the Agency will continue to encourage the use of IPM and other practices
to maximize the benefits pesticides can yield while minimizing the impacts on the environment.
The Agency will develop and disseminate brochures, provide education on potential benefits of
IPM, and promote outreach on the success of IPM to encourage its use.132 To encourage
responsible pesticide use that does not endanger the environment, EPA will reach out to the public
through the Internet, and to workers and professional pesticide applicators through worker training
programs.
Protection of Endangered Species
EPA is responsible for complying with the Endangered Species Act (ESA). This presents a great
challenge given that there are approximately 1,200 active ingredients in more than 17,000 pesticide
products - many of which have multiple uses - and over 1,600 listed endangered species in the
U.S. with diverse biological attributes, habitat requirements, and geographic ranges.133 In FY
2021, as part of EPA's determination of whether a pesticide product may be registered for a
particular use, the Agency will assess whether listed endangered or threatened species or their
designated critical habitat may be affected by use of the product. Where risks are identified, EPA
will work with the Services in a consultation134 process to ensure these new or existing pesticide
registrations also will meet the ESA standard.135
During registration review, EPA will support obtaining risk mitigation earlier in the process by
encouraging registrants to agree to changes in uses and applications of a pesticide that are
beneficial to the protection of endangered species prior to completion of EPA's consultations with
the Services. In FY 2021, pesticide registration reviews are expected to contain environmental
132 For additional information, please visit: https://www.epa.gov/safepestcontro1/integrated-pest-management-ipm-principles.
133 For additional information, please visit: https://ecos.fws.gov/ecpO/reports/box-score-report.
134 For additional information, please visit: https://www.epa.gov/eiidangered-species/assessiiig-pesticides-uiider-eiidaiigered-
species-act.
135 Additional information on how EPA protects endangered species from pesticides can be found at:
https://www.epa.gov/endangered-species.
355
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assessments, including determining potential endangered species impacts. This effort will continue
to expand the Program's workload due to the need to review studies that were received as a result
of data call-ins and the need to conduct additional environmental assessments for pesticides
already in the review pipeline.
In FY 2021, in cooperation with the Services and the U.S. Department of Agriculture (USD A), the
Agency will continue to work on implementing the ESA. To this end, the Agency continues to
implement recommendations from the National Academy of Sciences (NAS) National Research
Council regarding scientific and technical issues related to the methods and assumptions used by
EPA and the Services to carry out their joint responsibilities under the ESA and FIFRA. Since
receiving the NAS report, the four agencies have developed shared scientific approaches, solicited
input from stakeholders, and presented those approaches to stakeholders. During FY 2021, EPA
will continue to improve the Biological Evaluations methodology and will apply the revised
approaches to selected pesticide risk assessments.
In January 2018, EPA, the U.S. Department of the Interior and the U.S. Department of Commerce
signed a Memorandum of Agreement (MOA) creating a Working Group charged with reviewing
statutory requirements, regulations and cases, and making recommendations to improve scientific
and policy approaches. The working group was formalized in the Agricultural Improvement Act
of 2018 (2018 Farm Bill and included USD A and the Council for Environmental Quality [CEQ]).
The Farm Bill also transferred leadership of the working group from CEQ to EPA. Regular process
reports also are required. The first report released in December 2019 outlines the recommendations
and plans for implementation of those recommendations.
The Agency will continue to provide technical support for compliance with the requirements of
the ESA. In FY 2021, EPA will continue the advancement and integration of state-of-the-art
science models, knowledge bases, and analytic processes to increase productivity and better
address the challenge of potential risks of specific pesticides to specific species. Interconnection
of the various databases within the program office also will provide improved support to the risk
assessment process during registration review by allowing risk assessors to more easily analyze
complex scenarios relative to endangered species.
Pollinator Protection
Bees and other pollinators play a critical role in ensuring the production of food. USDA is leading
the federal government's effort to understand the causes of declining pollinator health and identify
actions that will improve pollinator health. EPA is part of this effort and is focusing on the potential
role of pesticides. EPA's emphasis is to ensure that the pesticides used represent acceptable risks
to pollinators and that products are available for commercial beekeepers to manage pests that
impact pollinator health.
EPA continues to carefully evaluate potential effects that pesticides may have on bees through the
registration of new active ingredients and registration review, in cooperation with the Government
of Canada and the California Department of Pesticide Regulation. EPA is continuing to work with
USDA to identify and address factors associated with declines in pollinator health. EPA also has
been working with a wide range of stakeholders in the government and private sections, both
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domestically and internationally, to develop and implement strategies to address factors associated
with pollinator declines and to ensure that the best available science serves as a foundation for
regulatory decisions. In FY 2021, EPA will continue to apply the best available science and risk
management methods for sustaining pollinators.136
Protection of Water Resources
Reduced concentration of pesticides in water sources is an indication of the effectiveness of EPA's
risk assessment, management, mitigation, and communication activities. In FY 2021, the Agency
will continue to work to develop sampling plans and refine program goals. Water quality is a
critical endpoint for measuring exposure and risk to the environment and a measure of EPA's
ability to reduce exposure from these key pesticides of concern.137
Evidence and Evaluation
EPA will continue, through EPA's Lean Management System (ELMS), to improve the review
process for pesticide new active ingredient applications by reducing the timeframes to review these
types of applications. In FY 2021, EPA will gather additional evidence, building on continuous
efforts to map the process, use data visualization techniques, engage in enhanced collaboration
activities, and identify and address bottlenecks. The Agency expects to reduce decision timeframes
for new active ingredient applications, improve on-time percentages, and leverage those
improvements for other related processes (e.g., new uses).
In FY 2019, EPA completed reviews of over 2,000 PRIA registration actions, with 97.6 percent of
those actions being completed on or before PRIA negotiated due dates; registered 14 new pesticide
active ingredients; published 85 pesticide draft risk assessments and 80 final/interim decisions for
existing pesticides. In FY 2019, EPA took an average of 686 days to complete PRIA decisions, 55
days above the target of 631. Contributing factors included: (1) three of the 14 completions had
longer statutory timeframes; (2) the total number of new active ingredient completions in FY 2019
was somewhat lower than normal; and (3) 12 of the 14 completions required renegotiation of the
PRIA due date, which itself adds time to the overall process. The average exceedance of PRIA
decision timeframes for new active ingredients (due to renegotiation) is 182 days which was
significantly better than the FY 2019 target of 284 days. Reasons for the renegotiation of the PRIA
due date in FY 2019 included: deficient applications; additional studies required; risk mitigation
issues; public participation process; and the Federal Register Notice publication process.
As part of EPA's long-term commitment to ensure the effective advancement of the chemicals
safety program to protect human health and the environment from potential risks of pesticides and
toxic chemicals, the Agency's Office of Chemical Safety and Pollution Prevention will establish
a presence in Research Triangle Park (RTP), North Carolina. Positions in RTP will be filled
competitively and will not involve reassignments or involuntary moves, and the effort will utilize
existing EPA space and resources. Establishing a presence in RTP is expected to improve
136 Additional actions EPA is taking to protect pollinators from pesticides can be found at: https://www.epa.gov/pollinator-
protection.
137 The most sensitive aquatic benchmarks for the chemicals are posted on the website: http://www.epa.gov/pesticide-science-and-
assessing-pesticide-risks/aquatic-life-benchmarks-pesticide-registration.
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recruitment of scientific staff and increase capacity to meet OCSPP's statutory and regulatory
milestones under FIFRA, FQPA, ESA, and associated statutes.
Performance Measure Targets:
(PM 091) Percentage of decisions (registration actions) completed on time (on or before PRIA or negotiated
due dates).
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
97.0
96
96
97
99
99
99
99
Percent
Actual
85
98.4
99
99
99.7
98
Numerator
1,627
2,078
2,157
2,008
2,193
2,034
Decisions
Denominator
1,919
2,111
2,174
2,026
2,199
2,085
(PM FIFRA1) Number of FIFRA decisions completed through pesticides registration review.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
58
75
110
110
Decisions
Actual
22
33
41
56
64
80
(PM FIFRA2) Number of FIFRA registration review draft risk assessments completed.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
70
72
80
85
Risk
Assessments
Actual
37
59
59
76
112
85
(PM PRIA1) Average number of days to complete PRIA decisions for new active ingredients.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
643
631
619
607
Days
Actual
627
687
638
603
686
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$2,359.0) This change is an increase due to the recalculation of base payroll costs.
• (-$9,225.0 / -13.0 FTE) This net program change is a reduction for pesticide program
activities from annual appropriations by increasing utilization of pesticide user fee
collections.
• (+31.8 FTE) This program change shifts 31.8 FTE from annual appropriation to pesticides
user fee collections based on the available balance.
Statutory Authority:
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); Endangered Species Act (ESA).
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Pesticides: Realize the Value of Pesticide Availability
Program Area: Pesticides Licensing
Goal: A Cleaner, Healthier Environment
Objective(s): Ensure Safety of Chemicals in the Marketplace
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
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Estimated FY 2020
Enacted
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$354.6
$405.0
$684.0
$279.0
Total Budget Authority
$7,548.2
$8,127.0
$6,698.0
-$1,429.0
Total Workyears
31.9
35.8
46.3
10.5
Total program workyears in FY 2021 include 10.5 FTE funded by the Reregistration and Expedited Processing
Revolving Fund.
Program Project Description:
The primary federal law that governs how EPA oversees pesticide manufacture, distribution, and
use in the United States is the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Originally enacted in 1947, FIFRA has been significantly amended several times, including by the
Food Quality Protection Act of 1996 (FQPA) and the Pesticide Registration Improvement
Extension Act of 2018 (PRIA). FIFRA requires that EPA register pesticides based on a finding
that they will not cause unreasonable adverse effects to people and the environment, taking into
account the economic, social, and environmental costs and benefits of the use of any pesticide.
This program seeks to realize the value of pesticides that can be used safely to yield many benefits,
such as killing viruses and bacteria in America's hospitals. These benefits also include guarding
the Nation's abundant food supply, protecting the public from disease-carrying pests, and
protecting the environment from the introduction of invasive species from other parts of the world.
In fulfilling its mission, the Program manages the following types of pesticide registrations and
regulatory actions under FIFRA:
• Special Local Needs under FIFRA section 24(c);
• Federal registrations at the national level under FIFRA section 3;
• Experimental Use Permit;
• Emergency, Quarantine, and Crisis Exemption; and
• Periodic review of existing chemicals under the Registration Review Program.138
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.4 Ensure Safety of Chemicals in the
Marketplace in the FY 2018 - 2022 EPA Strategic Plan.
138 Additional information may be found here: https://www.epa.gov/pesticide-registration/types-registrations-under-fifra.
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Meeting Agriculture's Need for Safe, Effective Pest Control Products
With the passage of FQPA, Congress acknowledged the importance of and need for "reduced-risk
pesticides" and supported expedited agency review to help these pesticides reach the market sooner
and replace older and potentially riskier chemicals. The law defines a reduced risk pesticide as one
that "may reasonably be expected to accomplish one or more of the following: (1) reduces pesticide
risks to human health; (2) reduces pesticide risks to non-target organisms; (3) reduces the potential
for contamination of valued, environmental resources, or (4) broadens adoption of Integrated Pest
Management (IPM)139 or makes it more effective." In FY 2021, EPA will continue to support and
develop procedures and guidelines for expedited review of applications for registration or
amendments for a reduced risk pesticide.
FIFRA's Version of "Generic" Pesticides
FIFRA authorizes EPA to register products that are identical to or substantially similar to already
registered products (also known as "me too products"). Applicants for these products may rely on,
or cite data already submitted by another registrant. The entry of these new products into the
market can cause price reductions resulting from new competition and broader access to products,
benefitting farmers and consumers. The Agency will continue to prioritize and review generic
registrations consistent with the statutory decision-making schedule. Application submissions for
these actions can generally be reviewed in four months. For example, in FY 2019, the Agency
completed just over 200 registrations for the primary PRIA category (R-300) that involves "me
too" conventional chemical registration requests. The Agency expects to complete a similar
volume of registrations in FY 2021.
Outreach and Education
In FY 2021, the Agency will continue to encourage IPM, which emphasizes minimizing the use
of broad-spectrum chemicals and maximizing the use of sanitation, biological controls, and
selective methods of application. EPA regions are committed to partnering with states, tribes, and
territories to carry out IPM projects that inform pesticide users about the pest control options and
how to best use them. It is not enough to have pesticide products registered to control pest
infestations. Pesticide users need to know which pesticides to use, how to use them, and how to
maintain the site, so pests do not return. The Pesticide Program is invested in outreach and training
efforts for people who use pesticides and the public in general.
Review and Registration
During FY 2021, EPA will continue to review and register new pesticides, new uses for existing
pesticides, and act on other registration requests in accordance with FIFRA and FFDCA standards
as well as PRIA timeframes. Many of these actions will be for reduced-risk pesticides, which, once
registered and used by consumers, will increase societal benefits. Working together with the
affected communities, through IPM and related activities, the Agency plans to accelerate the
adoption of lower-risk products. EPA also will continue to support implementation of other IPM-
139 For additional information, please visit: https://www.epa.gov/safepestcontrol/iiitegiated-pest-managemeiit-ipni-priiiciples.
360
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related activities. The Agency will partner in the development of tools and informational brochures
to promote IPM efforts and provide guidance to schools, farmers, other partners, and stakeholders.
Similarly, the Agency will continue work-sharing efforts with international partners. Through
these collaborative activities and resulting international registrations, international trade barriers
will be reduced. When nations with whom the U. S. trade accept imported crops treated with newer,
lower-risk pesticides, domestic users can more readily adopt these newer pesticides into their Crop
Protection Programs. Work-sharing efforts also reduce the costs of registration to governments by
sharing the expenses.
Emergency. Quarantine, and Crisis Exemptions
In FY 2021, EPA will continue to prioritize emergency exemptions under FIFRA Section 18,
which authorizes EPA to allow an unregistered use of a pesticide for a limited time in the event of
an emergency, such as a severe pest infestation, public health emergency, or invasive pest species
quarantine. The economic benefit of the Section 18 Program to growers is the avoidance of losses
incurred in the absence of pesticides exempted under FIFRA's emergency exemption provisions.
In addition, exemptions serve as important public health controls to avert pests that may cause
significant risk to human health. In FY 2019, the Agency processed just over 110 requests for
emergency uses and expects to process a similar level in FY 2021.
Evidence and Evaluation
The Program will continue, through EPA's Lean Management System (ELMS), to improve the
review process for pesticide new active ingredient applications by reducing the timeframes to
review these applications. In FY 2021, EPA will gather additional evidence to assist the Agency
with: streamlining the process; mapping the process; using data visualization techniques; engaging
in enhanced team collaborations, and identifying and addressing bottlenecks. The review process
also will be streamlined by incorporating special antimicrobial sections and further monitoring the
use of unregistered pesticides under Section 18. By identifying efficiencies in the process, the
Agency expects to: reduce decision timeframes for new active ingredient applications; improve
on-time percentages; and leverage those improvements for other related processes (e.g., new uses).
In FY 2019, EPA completed reviews of over 2,000 PRIA registration actions, with 97.6 percent of
those actions being completed on or before PRIA negotiated due dates; registered 14 new pesticide
active ingredients; published 85 pesticide draft risk assessments and 80 final/interim decisions for
existing pesticides. In FY 2019, EPA took an average of 686 days to complete PRIA decisions, 55
days above the target of 631. Contributing factors included: (1) three of the 14 completions had
longer statutory timeframes; (2) the total number of new active ingredient completions in FY 2019
was somewhat lower than normal; and (3) 12 of the 14 completions required renegotiation of the
PRIA due date, which itself adds time to the overall process. The average exceedance of PRIA
decision timeframes for new active ingredients (due to renegotiation) is 182 days which was
significantly better than the FY 2019 target of 284 days. Reasons for the renegotiation of the PRIA
due date in FY 2019 included: deficient applications; additional studies required; risk mitigation
issues; public participation process; and the Federal Register Notice publication process.
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Following the ELMS implementation in Fall 2019, additional tools and approaches were
developed that will leverage the FY 2020 Lean projects and support the FY 2021 goals.
As part of EPA's long-term commitment to ensure the effective advancement of the chemicals
safety program to protect human health and the environment from potential risks of pesticides and
toxic chemicals, the Agency's Office of Chemical Safety and Pollution Prevention will establish
a presence in Research Triangle Park (RTP), North Carolina. Positions in RTP will be filled
competitively and will not involve reassignments or involuntary moves, and the effort will utilize
existing EPA space and resources. Establishing a presence in RTP is expected to improve
recruitment of scientific staff and increase capacity to meet OCSPP's statutory and regulatory
milestones under FIFRA, FQPA, ESA, and associated statutes.
Biotechnology
EPA has a critical role in the successful implementation of the Executive Order on Modernizing
the Regulatory Framework for Agricultural Biotechnology Products (EO 13874). EPA has been
evaluating our current regulatory framework to determine if there are opportunities for
streamlining current approaches to enable these important technologies to get to market efficiently.
The Agency is working on exemptions for plant incorporated protectants (PIPs) engineered using
biotechnology that are indistinguishable from PIPs made using natural plant breeding. EPA's
proposed rule is under review and expected to be issued in Spring 2020. Additionally, in January
2020, EPA, USDA and FDA launched a unified website that provides a one-stop-shop for
information about the actions the federal government is taking to oversee the development of
agricultural biotechnology products.140
Performance Measure Targets:
Work under this program supports performance results in the Pesticides: Protect the Environment
from Pesticide Risk Program under the EPM appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$565.0) This change is an increase due to the recalculation of base payroll costs.
• (-$2,273.0 / +10.5 FTE) This net program change is a reduction in funding for pesticide
program activities and shifts 10.5 FTE from annual appropriations with the intent to
increase utilization of pesticide user fee collections.
Statutory Authority:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Federal Food, Drug, and Cosmetic
Act (FFDCA) § 408.
140 For additional information, please visit: https://usbiotechnologyregulation.mrp.usda.gov/biotechiiologygov/home/.
362
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Resource Conservation and Recovery Act (RCRA)
363
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RCRA: Corrective Action
Program Area: Resource Conservation and Recovery Act (RCRA)
Goal: A Cleaner, Healthier Environment
Objective(s): Revitalize Land and Prevent Contamination
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$34,554.0
$36,973.0
$35,126.0
-$1,847.0
Total Workyears
183.0
174.4
172.0
-2.4
Program Project Description:
To reduce risks from exposure to hazardous wastes, EPA's Resource Conservation and Recovery
Act (RCRA) Corrective Action Program ensures that contaminated facilities subject to RCRA
requirements are cleaned up by the responsible party, returns contaminated property to productive
use, and keeps costs from being transferred to the taxpayer-funded portion of the Superfund
Program. Pursuant to EPA promulgated regulations and administrative orders under RCRA, EPA
and authorized states will continue to oversee cleanups conducted by facility owner/operators to
ensure that the facilities meet their cleanup obligations and to protect taxpayers from having to pay
the bill. Approximately 111 million Americans live within three miles of a RCRA corrective action
facility (roughly 35 percent of the U.S. population),141 and the total area covered by these
corrective action sites is approximately 18 million acres.142
EPA works in close partnership with 44 states and one territory authorized to implement the
Corrective Action Program143 to ensure that cleanups are protective of human health and the
environment. The Corrective Action Program allows for the return of properties to beneficial use,
which benefits the surrounding communities, reduces liabilities for facilities, and allows facilities
to redirect resources to productive activities. The Agency provides program direction, leadership,
and support to its state partners. This includes specialized technical and program expertise, policy
development for effective program management, national program priority setting, measurement
and tracking, training and technical tools, and data collection/management/documentation. In
addition, through work-sharing, the Agency serves as lead or support for a significant number of
complex and challenging cleanups in both non-authorized and authorized states.
In FY 2019, EPA approved 127 RCRA corrective action facilities as ready for anticipated use
(RAU), bringing the total number of RCRA RAU facilities to 1,476. In addition, 95 percent of the
2020 Baseline priority corrective action facilities achieved protection of human health while 90
percent achieved groundwater protection.
141 U.S. EPA, Office of Land and Emergency Management Estimate 2017. Data collected includes: (1) site information as of the
end of FY 2016 from RCRAInfo; and (2) census data from the 2011-2015 American Community Survey.
142 Compiled RCRAInfo data.
143 State implementation of the Corrective Action Program is funded through the STAG Categorical Grant: Hazardous Waste
Financial Assistance and matching state contributions.
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FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Revitalize Land and Prevent
Contamination, in the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the Program will focus its
resources on continuing cleanup of 3,924 priority contaminated facilities (the 2020 Baseline plus
145 additional facilities), which include highly contaminated and technically challenging sites. As
of the end of FY 2019, only 38 percent of the 2020 Baseline facilities have completed final and
permanent cleanups, leaving approximately 2,300 facilities still needing oversight and technical
support to reach final site-wide cleanup objectives. Additionally, the 2020 Baseline is a subset of
a larger group of facilities with potential corrective action obligations under RCRA. The Program's
goals are to control human exposures, control migration of contaminated groundwater, complete
final cleanups for the 2020 Baseline facilities, and identify, assess, and clean up additional priority
facilities.
In FY 2021, EPA will:
• Prioritize meeting the RCRA RAU measure targets, ensuring that where possible
properties are returned to productive use and human and the environment are protected
into the future.
• Reassess its universe of cleanup facilities, priorities, and measures to ensure that resources
are focused on addressing those facilities that present the highest risk to human health and
the environment by implementing actions to end or reduce these threats.
• Provide technical assistance to authorized states in the areas of site characterization,
sampling, remedy selection, reaching final cleanup goals, and long-term stewardship for
cleanups with contamination remaining in place.
• Prioritize and focus the Program on completing site investigations to identify the most
significant threats, establish interim remedies to reduce or eliminate exposure, and select
and construct safe, effective long-term remedies that also maintain the economic viability
of the operating facility.
• For high priority facilities, perform cleanup work under work-sharing agreements to assist
with facilities that have complex issues144 or special tasks (e.g. ecological risk
assessments).
• Continue to improve cleanup approaches and share best practices and cleanup innovations,
such as the use of the Lean RCRA FIRST (Facilities Investigation Remedy Selection
Track)145 toolbox, cleanup optimization tools, and other techniques to speed up and
improve cleanups.
144 For example, vapor intrusion, wetlands contamination, or extensive groundwater issues.
145 For more information, please visit: https://www.epa.gov/hw/toolbox-corrective-action-resource-conservation-and-recoverv-
act-facilities-investigation-remedv.
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• Maintain RCRAInfo, which is the primary data system that many states rely upon to
manage their RCRA permitting, corrective action, and hazardous waste generator
programs. RCRAInfo receives data from hazardous waste handlers for the National
Biennial RCRA Hazardous Waste Report, which is mandated by RCRA Sections 3002
and 3004. The last biennial report showed there were 26,284 generators of over 33 million
tons of hazardous waste. RCRAInfo provides the only national-level RCRA hazardous
waste data and statistics to track the environmental progress of approximately 20,000
hazardous waste units at 6,600 facilities.
Performance Measure Targets:
(PM CA5RC) Number of RCRA corrective action facilities with final remedies constructed.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
98
98
98
Facilities
Actual
56
60
64
67
70
80
(PM RSRAU) Number of RCRA corrective action facilities made ready for anticipated use.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
75
91
117
133
Facilities
Actual
84
93
75
72
117
127
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$1,891.0) This change an increase due to the recalculation of base payroll costs.
• (-$3,738.0 / -2.4 FTE) This net program change will modify the timeline for initiating and
ongoing cleanups. EPA will prioritize resources on those facilities that present the highest
risk to human health and the environment.
Statutory Authority:
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA)
§§ 3004, 3005, 8001.
366
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RCRA: Waste Management
Program Area: Resource Conservation and Recovery Act (RCRA)
Goal: A Cleaner, Healthier Environment
Objective(s): Revitalize Land and Prevent Contamination
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Hazardous Waste Electronic Manifest System Fund
$14,485.5
$0.0
$0.0
$0.0
Total Budget Authority
$73,213.8
$66,819.0
$50,399.0
-$16,420.0
Total Workyears
290.4
296.8
233.2
-63.6
Total workyears in FY 2021 include 15.0 FTE funded by e-Manifest fees. FY 2019 Actuals include obligations of e-
Manifest fees. E-Manifest fees are not included in FY 2020 Enacted or FY 2021 President's Budget levels, but EPA
anticipates collecting approximately $26 million in e-Manifest fees in FY 2020 and FY 2021.
Program Project Description:
The Resource Conservation and Recovery Act (RCRA) established EPA's role as a federal leader
in the conservation and recovery of resources. Under RCRA, EPA sets national standards for
managing solid and hazardous wastes and provides federal agencies, state, tribal, and local
governments, and industries with technical assistance on solid waste management, resource
recovery, and resource conservation. Approximately 60,000 facilities generate and safely manage
hazardous waste in the United States.146 Eighty percent of the U.S. population live within three
miles of one of these facilities, making national standards and procedures for managing hazardous
1 47
wastes a necessity.
The Waste Management Program safeguards the American people while facilitating commerce by
supporting an effective waste management infrastructure. Cradle-to-grave hazardous waste
management regulations help ensure safe management practices through the entire process of
generation, transportation, recycling, treatment, storage, and final disposal. The Program increases
the capacity for proper hazardous waste management in states by providing grant funding and
technical support.
EPA and its state partners issue, update, maintain, and oversee RCRA controls for approximately
20,000 hazardous waste units (e.g., incinerators, landfills, and tanks) located at 6,600 treatment,
storage, and disposal facilities.148 Just as businesses innovate and grow, the waste management
challenges they face also evolve; this requires new direction and changes in the federal hazardous
waste program through updated regulations, guidance, and other tools.
146 Memorandum, February 18, 2014, from Industrial Economics to the EPA, Re: Analysis to Support Assessment of Economic
Impacts and Benefits under RCRA Programs: Key Scoping Assessment, Initial Findings and Summary of Available Data (Section
1), pages 5-11.
147 U.S. EPA, Office of Solid Waste and Emergency Response Estimate. 2014. Data collected includes: (1) site information as of
the end of FY 2011 from RCRAInfo; and (2) census data from the 2007-2011 American Community Survey.
148 As compiled by RCRAInfo.
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EPA directly implements the entire RCRA Program in Iowa and Alaska and provides leadership,
work-sharing, and support to the states and territories authorized to implement the permitting
program. Additionally, the Toxic Substances Control Act (TSCA) polychlorinated biphenyls
(PCB) cleanup and disposal program is implemented under the Waste Management Program to
reduce PCB exposure from improper disposal, storage, and spills. The Program reviews and
approves PCB cleanup, storage, and disposal activities. This federal authority is not delegated to
state programs. PCBs were banned in 1979, but legacy use and contamination still exists, and
PCBs can still be released into the environment from poorly maintained hazardous waste sites that
contain them.
In FY 2019, EPA permitted, clean-closed, or otherwise had initial controls in place to prevent
release at 33 facilities. Issuance of controls decreases the risk of future releases and enhances
protection of human health and the environment. Additionally, EPA issued RCRA hazardous
waste permit renewals or clean-closures to 124 facilities. Maintaining updated permits and controls
ensures that facilities: 1) have consistent and protective standards to prevent release; 2) have proper
standards for waste management to protect human health, prevent land contamination/degradation;
and 3) avoid future cleanups and associated substantial costs. In FY 2019, EPA and the states are
implementing the Generator Improvement Rule which updated and modernized the regulations for
hazardous waste generators to bring them into the 21st Century.
Marine litter is an increasingly prominent global issue that can negatively affect domestic water
quality, tourism, industry, and public health. Some of this marine debris comes from human
activity at sea, and it makes its way into our waterways from land, creating a direct link between
waste management practices and ocean pollution.149 As part of an EPA effort to reduce ocean
pollution and plastics, the Program will provide technical expertise to support development and
implementation of solid waste management systems and infrastructure to help ensure that trash is
appropriately collected, recycled, reused, or properly disposed of to prevent litter from entering
waterways from land.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Revitalize Land and Prevent
Contamination in the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the RCRA Waste
Management Program will:
• Provide technical assistance to regions, states, and tribes regarding the development and
implementation of solid waste programs (e.g., the RCRA hazardous waste generator,
transporter, treatment, storage, and disposal regulations and implementing guidance; the
RCRA non-hazardous waste program; the TSCA PCB disposal and cleanup program; and
the hazardous waste import/export program).
• Provide technical and implementation assistance, oversight, and support to facilities that
generate, treat, store, recycle, and dispose of hazardous waste.
149 U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, "Ten Things you
should Know about Marine Debris," https://oceanservice.noaa.gov/news/marinedebris/ten-things.html.
368
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• Review and approve PCB cleanup, storage, and disposal activities to reduce exposures,
particularly in sensitive areas like schools and other public spaces. EPA will prioritize PCB
approvals and expedite high priority cleanups or address those unaddressed in a timely
fashion. Issuing PCB approvals is a federal responsibility, non-delegable to states.
• Under EPA's Lean Management System, EPA will monitor progress in issuing permits
more quickly in achieving program goals. This includes progress towards meeting the
Agency's goal of reaching all permitting-related decisions in a timely manner.
• Manage the hazardous waste import/export notice and consent process. EPA will continue
to implement the process and data system (the Waste Import Export Tracking System)
improvements and upgrades in order to make shipping hazardous waste across borders
more efficient. Managing hazardous waste imports and exports is a federal responsibility,
non-delegable to states.
• Provide technical hazardous waste management assistance to tribes to encourage
sustainable practices and reduce exposure to toxins from hazardous waste.
• Directly implement the RCRA program in unauthorized states, on tribal lands, and other
unauthorized portions of state RCRA programs. Issue and update permits, including
continuing to improve permitting processes.
• Take action as necessary regarding regulations to ensure protective management of coal
combustion residuals (CCR). The Agency has promulgated regulations specifying
improved management and disposal practices to ensure people and ecosystems are
protected. The Agency will continue to work with our stakeholders as we develop and
implement regulations, through technical assistance and guidance.
• Implement applicable provisions of the Water Infrastructure Improvements for the Nation
Act of 2016, which enables states to submit for EPA approval state CCR permit programs.
The Agency will continue to work closely with state partners to review and make
determinations on state programs. Subject to appropriations, EPA will implement a permit
program for CCR disposal facilities on tribal lands as well as participating states.
Performance Measure Targets:
(PM HW5) Number of permit renewals issued at hazardous waste facilities.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
64
64
105
105
Facilities
Actual
110
100
89
125
109
124
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$3,460.0) This change is an increase due to the recalculation of base payroll costs.
• (-$20,579.0 / -68.6 FTE) This net program change reflects a focus on PCB cleanup and
hazardous waste disposal programs, while reducing technical assistance to stakeholders
regarding the development, approval, and implementation of solid waste management
programs.
• (+$699.0 / +1.0 FTE) This program change supports the Agency's effort to reduce ocean
pollution and plastic by sharing waste management approaches and technical assistance
with select developing countries and vulnerable communities.
Statutory Authority:
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA)
§§ 3002, 3004, 3005, 3017; Toxic Substances Control Act (TSCA) § 6.
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RCRA: Waste Minimization & Recycling
Program Area: Resource Conservation and Recovery Act (RCRA)
Goal: A Cleaner, Healthier Environment
Objective(s): Revitalize Land and Prevent Contamination
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Total Budget Authority
$8,840.2
$8,997.0
$4,253.0
-$4,744.0
Total Workyears
40.7
43.4
5.0
-38.4
Program Project Description:
Managing materials sustainably promotes economic growth and reduces environmental impacts.
The U.S. recycling industry provides more than 757,000 jobs and $6.7 billion annually in tax
revenues and there is opportunity for greater contribution to the economy and environmental
protection, as recent data indicate materials worth as much as $9 billion are thrown away each
EPA will update the RCRA Waste Minimization and Recycling Program in FY 2021 to focus on
efforts to strengthen the U.S. recycling industry and enhance food loss and food waste prevention.
In FY 2020, the Program is conducting the following activities:
• Providing national leadership and direction on approaches to reduce environmental
impacts, increase safe and effective reuse/recycling of materials, and reduce food waste;
• Partnering with a wide range of stakeholders (industry, governments, non-profits, and
others) to implement efficient and innovative solutions that help protect human health and
the environment through improved materials management, reduced waste generation, and
improved waste utilization;
• Improving metrics, identifying critical data gaps, and gathering and providing high-quality
scientific information and data;
• Implementing targeted, incentive-based programs to encourage participants to modify
business practices to increase recycling and reduce food waste, enabling industries to
efficiently conserve resources, save money, and increase competitiveness.
In FY 2019, EPA engaged with stakeholders including recyclers, brands, industry representatives
and associations, state, territorial, tribal, and local government representatives, and trade
associations to identify key challenges facing the U.S. recycling system as well as ways for EPA
to support stakeholders' efforts.
150 For more information, please refer to: https://www.epa.gov/smm/recycling-economic-information-rei-ieport.
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In FY 2018, EPA, U.S. Department of Agriculture, and U.S. Food and Drug Administration
launched the Winning on Reducing Food Waste Initiative. EPA along with its partner agencies
affirmed their shared commitment to work towards the national goal of reducing food loss and
food waste by fifty percent by 2030.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Revitalize Land and Prevent
Contamination in the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, EPA will focus $4.25
million to improve the U.S. recycling system and prevent food loss and food waste by
implementing the following actions:
• Perform a needs assessment of the U.S. recycling industry. This assessment will include
the development of metrics to assess national recycling system performance, estimate the
financing gap for recycling infrastructure, and perform regular evaluations to determine
effectiveness and make needed adjustments.
• Use the needs assessment to identify appropriate federal actions, including exercising
national leadership and harmonization of standards, and working with stakeholders to
develop a national strategy designed to help ensure long-term economic and environmental
viability of local recycling programs. Actions will be designed to strengthen markets,
reduce cross contamination and commingling of materials, and prevent recyclable
materials from polluting the environment.
• Administer two grant programs:
o A grant program for state and local governments to build or enhance recycling
capacity and infrastructure around the country. The grant program will support
pilots and infrastructure in communities seeking to enhance their capacity to
recover and recycle materials,
o A grant program to support local governments and/or non-governmental
organizations in developing, implementing, and evaluating effective informational
campaigns that educate the public about food waste and organics management. This
grant program will fund research that provides framework for effective food waste
reduction methods.
• Develop a pilot innovation incentive/prize program to encourage creation of products made
with recycled content, increase use of recycled content in existing products, and increase
use of recycled materials in manufacturing.
Performance Measure Targets:
(PM RFW) Number of stakeholder actions taken to increase recycling and reduce food loss and waste.
FY
2014
FY
2015
FY
2016
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
Units
Target
9,750
Actions
Actual
372
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$2,218.0 / +2.0 FTE) This program change funds a needs assessment of the U.S.
recycling industry, including the development of metrics to assess recycling system
performance, an estimate of the financing gap for recycling infrastructure, and a review of
existing programs.
• (+$1,518.0 / +2.0 FTE) This program change funds two grant programs. One program will
support recycling infrastructure and capacity and the other program will develop,
implement, and evaluate effective food waste reduction campaigns.
• (+$508.0 / +1.0 FTE) This program change supports a pilot innovation incentive/prize
program to encourage creation of products made with recycled content and increased use
of recycled materials in manufacturing.
• (-$8,988.0 / -43.4 FTE) This funding change refocuses the Program from efforts in
Sustainable Materials Management to the priority areas of recycling and food waste and
loss.
Statutory Authority:
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA).
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Toxics Risk Review and Prevention
374
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Endocrine Disruptors
Program Area: Toxics Risk Review and Prevention
Goal: A Cleaner, Healthier Environment
Objective(s): Ensure Safety of Chemicals in the Marketplace
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Total Budget Authority
$8,178.1
$7,533.0
$0.0
-$7,533.0
Total Workyears
6.6
7.6
0.0
-7.6
Program Project Description:
The Endocrine Disruptor Screening Program (EDSP) was established in 1996 under authorities
contained in the Federal Food, Drug and Cosmetic Act and the Safe Drinking Water Act
amendments. Current activities within the EDSP include transitioning to the use of high throughput
screening and computational toxicology tools to screen thousands of chemicals for endocrine
activity, establishing policies and procedures for screening and testing, and evaluating data to
ensure chemical safety by protecting public health and the environment from endocrine disrupting
chemicals.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. EPA will absorb
the remaining functions within the Pesticides Program using the currently available tiered testing
battery.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$7,533.0 / -7.6 FTE) This funding change proposes to eliminate the EDSP. The relevant
functions of the Program can be continued within the Pesticides Program.
Statutory Authority:
Federal Food Drug and Cosmetic Act (FFDCA) § 408(p); Safe Drinking Water Act (SDWA) §
1457.
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Pollution Prevention Program
Program Area: Toxics Risk Review and Prevention
Goal: More Effective Partnerships
Objective(s): Enhance Shared Accountability
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$11,657.5
$11,127.0
$0.0
-$11,127.0
Total Workyears
42.5
49.2
0.0
-49.2
Program Project Description:
The Pollution Prevention (P2) Program advances environmental stewardship and sustainability
efforts by federal, state and tribal governments, businesses, communities, and individuals. The
Program seeks to alleviate environmental problems by achieving reductions in: the generation of
hazardous releases to air, water, and land; the use of hazardous materials; the generation of
greenhouse gases; and the use of water. The P2 Program also helps businesses and others leverage
preventative approaches to reduce costs.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. Based on previous
investments in P2 made under this program project, partners are expected to be able to continue to
share best practices and pursue additional P2 solutions. EPA will continue to meet core statutory
requirements under the Pollution Prevention Act of 1990 in other programs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$11,127.0 / -49.2 FTE) This funding change proposes to eliminate the Pollution
Prevention Program.
Statutory Authority:
Pollution Prevention Act of 1990 (PPA); Toxic Substances Control Act (TSCA).
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Toxic Substances: Chemical Risk Review and Reduction
Program Area: Toxics Risk Review and Prevention
Goal: A Cleaner, Healthier Environment
Objective(s): Ensure Safety of Chemicals in the Marketplace
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Total Budget Authority
$64,241.5
$60,488.0
$69,004.0
$8,516.0
Total Workyears
259.8
280.1
321.6
41.5
Total program workyears in FY 2021 include 51.6 FTE funded by TSCA fees. FY 2019 Actuals include obligations
of TSCA Service Fees and the advance on appropriations for those fees. TSCA Service Fees are not included in FY
2020 Enacted or FY 2021 President's Budget levels, but EPA anticipates collecting approximately $7.75 million in
such fees in FY 2020 and $34.75 million in FY 2021.
Program Project Description:
Under the Toxic Substances Control Act (TSCA), as amended in 2016 by the FrankR. Lautenberg
Chemical Safety for the 21st Century Act,151 EPA has significant responsibilities for ensuring that
chemicals in or entering commerce do not present unreasonable risks to human health or the
environment. These responsibilities are executed by the Agency through the Chemical Risk
Review and Reduction (CRRR) Program, which works to ensure the safety of:
• Existing chemicals152 by collecting chemical data, conducting risk evaluations, and by
developing and implementing risk management actions, where appropriate, to prevent any
unreasonable risk posed by their manufacture, use and/or disposal; and
• New chemicals by reviewing new chemical notices submitted by industry, including Pre-
Manufacture Notices (PMNs), Significant New Use Notices (SNUNs), and Microbial
Commercial Activity Notices (MCANs), and taking action, as appropriate, to ensure that
no unreasonable risk will be posed by such chemicals upon their entry into U.S. commerce.
Under amended TSCA, the CRRR Program collects user fees designed to defray 25 percent of its
costs for administering certain sections153 of TSCA.154 Fee levels may be adjusted by regulation
on a recurring three-year basis for inflation and to ensure that fees defray 25 percent of relevant
151 See, Public Law 114-182 (June 22,2016); 130 Stat. 448.
152 "Existing Chemicals" are those already in use when TSCA was first enacted in 1976 and those which have since gone through
review by the TSCA New Chemicals Program. These include certain prevalent, high-risk chemicals known generally as "legacy
chemicals" (e.g., PCBs, mercury), which were previously covered in a separate Chemical Risk Management (CRM) budget
justification. The CRM program area was combined with Chemical Risk Review and Reduction effective FY 2015.
153 The costs of implementing TSCA (as amended) Sections 4, 5 and 6 are defrayable up to the statutory caps, as are the costs of
collecting, processing, reviewing and providing access to and protecting from disclosure, as appropriate, chemical information
under Section 14.
154 The authority to assess fees is conditioned on appropriations for the CRRR Program, excluding fees, being held at least equal
to the amount appropriated for FY 2014.
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costs. Chemical manufacturers (including importers) and, in limited instances, processors began
incurring TSCA User Fees on October 1, 2018.155
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.4 Ensure Safety of Chemicals in the
Marketplace in the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the Agency will continue
implementation of the amendments to TSCA, with emphasis on the critical mandates and timelines
applicable to pre-market review of new chemicals, chemical risk evaluation and management,
review and make determinations on incoming Confidential Business Information (CBI) claims,
and other statutory priorities. EPA anticipates an increased workload to support these efforts in FY
2021 to perform any necessary risk management regulatory actions in response to the findings of
the first 10 risk evaluations for existing chemicals to be finalized in FY 2020; to develop draft risk
evaluations for the 20 High-Priority Chemicals being initiated by EPA in FY 2020; and to initiate
or continue up to 10 risk evaluations in response to requests by manufacturers. At the same time,
the Agency will work to further reduce review timeframes for PMNs for new chemicals, continue
to review CBI claims, and carry out other required TSCA CRRR activities as described below.
Primary TSCA Implementation Activities
Testing of Chemical Substances and Mixtures. TSCA Section 4, as amended, authorizes EPA to
require testing of a chemical substance or mixture by manufacturers (including importers) or
processors. In FY 2021, the Agency will continue to: review test data submitted from prior test
rules and enforceable consent agreements; issue Test Orders, Test Rules, and/or Enforceable
Consent Orders as necessary to support chemical prioritization, risk screening, and risk evaluation
activities; and make use of available data in prioritizing chemicals for collection of testing
information and evaluation of potential risks.
New Chemicals. Under TSCA Section 5, as amended, EPA is responsible for reviewing all new
chemical submissions to determine whether the chemicals may pose unreasonable risks to human
health or the environment. In FY 2021, the Agency will: review and manage the potential risks
from approximately 1,000 new chemicals, prior to their entry into the marketplace; evaluate data
submitted under requirements of Section 5 Consent Orders; and continue to use Section 5
authorities to issue Significant New Use Rules (SNURs) to require notification to EPA for
significant new uses of existing chemicals, where applicable. As part of this work, the CRRR
Program will continue to make improvements to internal data and tracking systems to enhance the
efficiency of the new chemical review process. A kaizen event, as part of the EPA Lean
Management System (ELMS), was conducted by the program in FY 2018 and identified a number
of opportunities to enhance the efficiency of the review process, including: employing a team-
based review approach; improving TSCA CBI Local Area Network (LAN) system performance;
and improving electronic communication with submitters. These improvements have increased the
program's on-time 90-day review performance from 18 percent in FY 2017 to 70 percent in FY
155 The statute authorizes EPA to collect fees from chemical manufacturers (including importers) and, in limited instances,
processors who: are required to submit information (TSCA section 4); submit notification of or information related to intent to
manufacture a new chemical or significant new use of a chemical (TSCA section 5); manufacture, (including import) a chemical
substance that is subject to an EPA-initiated risk evaluation (TSCA section 6); or request that EPA conduct risk evaluation on an
existing chemical (TSCA section 6), subject to the Agency's approval of the request.
378
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2018 and 78 percent in FY 2019, and will provide increased regulatory certainty to submitters by
enhancing communications about review timeframes and associated risk management actions.
Risk Evaluations. Under TSCA Section 6, as amended, EPA is required to maintain an ambitious
schedule for initiating and completing risk evaluations of existing chemicals. When unreasonable
risks are identified, TSCA sets timelines for initiating and completing risk management regulatory
actions to address those unreasonable risks. In FY 2021, key activities will include:
• Chemical Prioritization and Risk Evaluation: EPA will develop draft risk evaluations for
the 20 High-Priority Chemicals designated in December 2019 to undergo risk evaluation under
the amended law. Scoping documents for these evaluations are scheduled to be released by
EPA in June 2020. Of important note, the law also includes provisions allowing manufacturers
to request that EPA conduct evaluations of specific chemicals. EPA is required to undertake
manufacturer-requested risk evaluations that meet the Agency's acceptance criteria at levels
up to 50 percent of the number of EPA-initiated evaluations underway. In December 2019,
EPA granted manufacturer requests for risk evaluations of two chemicals used in plastic
production (Diisodecyl Phthalate [DIDP] and Diisononyl Phthalate [DINP]) and has proceeded
to initiate the requested evaluations. EPA will continue work on draft risk evaluations for these
chemicals in FY 2021.
• Risk Management: When unreasonable risks are identified in the final risk evaluation, EPA
must finalize risk management action rulemakings under TSCA Section 6(a) to address the
unreasonable risk within two years, or up to four years if an extension is utilized. Accordingly,
the Agency may be proposing risk management actions in FY 2021 for chemicals that have
been found to present an unreasonable risk based upon the first 10 risk evaluations completed
in FY 2020. EPA also will continue work on developing regulations for commercial uses of
methylene chloride for paint and coating removal which began prior to amended TSCA.
• Persistent, Bioaccumulative and Toxic (PBT) Chemical Action: In FY 2021, EPA will
pursue risk management regulatory action on certain other chemicals. TSCA Section 6(h)
establishes a fast-track process to address certain PBT chemicals on the 2014 TSCA Work
Plan. EPA proposed a regulation in June 2019 for five such chemicals based upon peer-
reviewed exposure and use assessments. EPA expects to finalize these regulations in FY 2021.
Confidential Business Information. EPA is required under TSCA Section 14 to review and make
determinations on CBI claims contained in TSCA submissions; process requests for and make
certain CBI information available to states, tribes, health and medical professionals, first
responders, and similar persons under defined circumstances; and, assign and publish unique
identifiers for each chemical substance for which a confidentiality claim for specific chemical
identity is approved. EPA is updating policies, regulations, and guidance to implement the
amendments. In FY 2019, the Agency completed reviews of more than 1,900 CBI claims, made
determinations on over 400 cases and concluded that no determination was necessary for over
1,500 cases. In FY 2021, EPA will assign unique identifiers to chemicals where CBI claims for
chemical identity are upheld and will complete CBI claim reviews for: more than 2,500 new cases
anticipated to be associated with Section 4, 5 and 8 submissions; approximately 2,000 chemical
379
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identity claims associated with Notice of Activity submissions; and more than 2,000 CBI cases
from the backlog that has developed since 2016 pending finalization of EPA's review procedures.
Other TSCA CRRR Mandates and Activities
Information collection under TSCA Section 8. In FY 2021, EPA will: maintain the Mercury
Electronic Reporting Application;156 conduct outreach to stakeholders on how to report required
information by the Application; analyze about 300 Substantial Risk (Section 8(e)) Notifications
submitted by industry;157 and implement a rule158 that establishes a plan for reviewing claims to
protect confidential chemical identities within one year of compiling the initial Inventory with
active and inactive designations.159,160
Work Addressing Mercury. In FY 2021, EPA will continue to provide responses to any requests
for exemption from export prohibitions under the Mercury Export Ban Act and work to support
compliance with the Minamata Convention on Mercury, to which the United States is a party.
TSCA Citizen Petitions. In FY 2021, EPA also will continue to meet the requirements of Section
21 of TSCA, as amended, which authorizes citizen petitions for the issuance, amendment, or repeal
of certain actions (rules and orders) promulgated under specific components of TSCA sections 4,
5, 6 and 8. The Agency must grant or deny a Section 21 petition within 90 days. If EPA grants a
petition, the requested action must be initiated in a timely fashion.
Formaldehyde Standards for Composite Wood Products. In FY 2021, EPA will implement
regulations under the TSCA Title VI Formaldehyde Standards for Composite Wood Products Act
(Public Law 111-199), which established national emission standards for formaldehyde in new
composite wood products.161
Addressing Lead Risk Reduction and Supporting Children's Health. In FY 2021, the Agency will
shift those activities required under TSCA Title IV (the Federal Lead-Based Paint Program) that
are funded through the EPM appropriation into the CRRR Program. Reducing exposure to lead
paint in old housing continues to offer the potential to significantly decrease blood lead levels in
the largest number of children. Efforts to address exposure to lead paint must include homes and
locations outside the home where young children spend significant amounts of time such as child
care settings and schools.162 In FY 2021:
156 The Mercury Electronic Reporting application is an electronic reporting interface and database within the Central Data Exchange
(CDX).
157 TSCA Section 8(e) Notifications require EPA be notified immediately when a company learns that a substance or mixture
presents a substantial risk of injury to health or the environment.
158 The rule is to be promulgated in February 2020.
159 These are chemical identities reported in retrospective commercial activity notices (the review plan rule must be finalized by
February 18, 2020).
160 CBI claims made by manufacturers or processors for chemical identities in retrospective activity notices must be reviewed and
determinations made no later than five years after the rule is final (compiling the initial Inventory). The current Inventory has
approximately 7,750 chemicals on the confidential portion that have been reported as being active in commerce in the last 10 years.
161 For additional information, please visit: http://www2.epa.gov/formaldehvde/formaldehvde-emission-standards-composite-
wood-products.
162 U.S. Environmental Protection Agency (EPA). (2008). Child-Specific Exposure Factors Handbook (Final Report). Retrieved
from: https://cfpub.epa.gov/ncea/risk/recordisplay,cfm?deid= 199243.
380
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• For states without federal authorization, EPA will provide firm and individual certifications
for safe work practices for lead-based paint abatement and Renovation, Repair, and Painting
(RRP) Program efforts; provide operation and maintenance of the online database (Federal
Lead-Based Paint Program) that supports the processing of applications for training providers,
firms and individuals; and continue efforts to increase the number of certified renovation firms
capable of providing lead-safe renovation, repair, and painting services through targeted
outreach campaigns to contractors. The rate of firm recertifications under the RRP Program
has averaged 23 percent since FY 2017, while the total number of new firms seeking
certification has remained steady from quarter to quarter. As outlined in the FY 2020-2021
Lead Agency Priority Goal (APG) Action Plan, by September 30, 2021, EPA will increase the
recertification rate of lead-based paint renovation, repair, and painting firms to 28 percent from
a baseline of 23 percent. EPA will strive to increase the recertification rate and will continue
to publish an updated list of certified renovation firms on the Agency's website.163 Other forms
of lead exposure are proposed to be addressed through other targeted programs that offer
enhanced flexibility, such as lead pipe replacement, multi-media toxics reduction work under
the Multipurpose Grants Program, and other multi-faceted toxics reduction work under the
Healthy Schools Grant Program.
• In accordance with an order from the Ninth Circuit Court of Appeals, EPA published a
proposed rule in the Federal Register on July 2, 2018,164 to change the dust-lead hazard
standard (also known as the "lead dust hazard standard") from 40 |ig/ft2 and 250 |ag/ft2 to 10
|ig/ft2 and 100 |ag/ft2 on floors and window sills, respectively. EPA did not propose to change
the post-abatement clearance levels in this proposal; however, the Agency noted that it
intended to review the clearance levels at a later date. The Court also ordered the Agency to
propose a rule on the definition of lead-based paint. EPA proposed to make no change to the
definition of lead-based paint because the Agency currently lacks sufficient information to
support such a change. On June 21, 2019, EPA finalized this action at the proposed levels.165
In this rulemaking, EPA also committed to addressing the clearance levels for floors and
window sills in a subsequent proposed rule. In FY 2021, EPA will continue work as necessary
to finalize the rulemaking for clearance levels, with a planned publication date for the final
rule in FY 2021.
• Per a settlement agreement, in FY 2021, EPA will continue to work on determining the extent
to which renovations of pre-1978 public and commercial buildings do or do not create lead-
based paint hazards and develop appropriate work practice standards to the extent they are
deemed necessary.
Information Technology (IT) in Support of TSCA Implementation
In line with the President's Management Agenda, TSCA IT systems development will continue in
FY 2021 with the goal of minimizing reporting burdens on industry, and streamlining data
management by EPA, including the following activities:
163 For additional information, please visit: https://cfpub.q3a.gov/flpp/pub/index.cfm?do=main.firmSearch.
164 For additional information, please visit: https://www.federalregister.gov/documents/2018/07/02/2018-14Q94/review-of-the-
dust-lead-hazard-standards-and-the-definition-of-lead-based-paint.
165 For additional information, please visit: https://www.regulations.gov/document?D=EPA-HO-OPPT-2Ql8-01.66-0360.
381
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• Continuing enhancement of the TSCA Chemical Information System (CIS) to reduce manual
handling of data, increase internal EPA access to data relevant to chemical assessments, and
expedite review of chemicals;
• Continuing integration of TSCA information management, e-Reporting, and public access
systems with the Agency's E-Enterprise business strategy and leveraging the E-Enterprise
portal to provide better customer service for external users;
• Developing new tools for hazard and exposure identification assessment and characterization,
while improving existing tools to better assess risks from both new and existing chemicals;
and
• Maintaining and enhancing the functionality of ChemView and expanding the information it
makes available to the public to include newly completed chemical assessments, worker
protection information, and other new data reported to EPA under TSCA.
Continuous Improvement of TSCA Implementation
In FY 2021, the Agency will monitor and evaluate its progress on key metrics related to carrying
out its core responsibilities under the amended law in a timely manner. These include TSCA-
related long-term performance goals to complete all EPA-initiated risk evaluations and associated
risk management actions for existing chemicals within statutory timelines, supported by internal
monthly tracking systems. EPA made considerable progress towards meeting the FY 2018-2019
APG for TSCA risk management actions and risk evaluations with key milestones achieved or in
progress as of the end of FY 2019.
In addition, EPA plans to further reduce review times for new PMNs, MCANs, and SNUNs.
Although substantially improved from FY 2018, the performance rate of all TSCA PMN final
determinations completed within 90 days was 78 percent in FY 2019, slightly below the 80 percent
target for both the FY 2018-2019 APG and annual performance goal. The Agency continues to
meet 100 percent of final TSCA new chemical determinations within the full timeframes allowable
by statute (including statutorily-allowable extensions). In FY 2021, EPA will continue its aim of
making 80 percent of all final determinations within the initial 90-day review period.
EPA also will undertake other forms of assessment and evidence gathering in FY 2021. The
Agency's ongoing risk evaluation processes for existing chemicals utilize scientific evidence
obtained from data gathered pursuant to TSCA authorities and systematic review of literature
sources in making the risk determination required under amended TSCA. EPA's approach to
systematic review is described in Application of Systematic Review in TSCA Risk Evaluations
(May 2018)166 and will be the focus of an EPA-initiated review by the National Science
Foundation (NAS) to be initiated in FY 2020. Additional evidence will be obtained by completing
an annual programmatic risk assessment exercise and a statutorily required EPA Office of the
Inspector General audit of TSCA user fees to determine whether fee levels are appropriate.
166For additional information, please visit: littps: //www.epa. gov/sites/production/files/201.8~
06/docunieiits/final application of si; in tsca 05-31. -1.8.pdf.
382
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Finally, as part of EPA's long-term commitment to ensure the effective advancement of the
chemicals safety program to protect human health and the environment from potential risks of
pesticides and toxic chemicals, the Agency's Office of Chemical Safety and Pollution Prevention
will establish a presence in Research Triangle Park (RTP), North Carolina. Positions in RTP will
be filled competitively and will not involve reassignments or involuntary moves, and the effort
will utilize existing EPA space and resources. Establishing a presence in RTP is expected to
improve recruitment of scientific staff and increase capacity to meet OCSPP's statutory and
regulatory milestones under TSCA, and associated statutes..
Performance Measure Targets:
(PM TSCAl) Number of final EPA-initiated TSCA risk evaluations completed within statutory timelines.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
No Target
Estab-
lished
N/A
10
N/A
Evaluations
Actual
0
N/A
N/A
(PM TSCA2) Number of final existing chemical TSCA risk management actions completed within statutory
timelines.
I V 2014
I V 2015
I V 201(,
iy 20 r
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
No Target
Estab-
lished
N/A
N/A
1
Actions
Actual
0
N/A
N/A
(PM TSCA3) Percentage of final TSCA new chemical determinations for Pre-Manufacture Notices,
Significant New Use Notices and Microbial Commercial Activity Notices completed within the initial 90-day
statutory timeframe.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
65
80
80
80
Percent
Actual
58.4
78
Numerator
45
103
Final
Determin-
ations
Denominator
77
132
(PM TSCA3b) Percentage of final TSCA new chemical determinations for Pre-Manufacture Notices,
Significant New Use Notices and Microbial Commercial Activity Notices completed within the full timeframes
allowable by statute.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
100
100
100
Percent
Actual
loo
100
100
Numerator
5<>~
292
429
Final
Determin-
ations
Denominator
5<>~
292
429
383
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$2,523.0) This change is an increase due to the recalculation of base payroll costs.
• (+$5,993.0 / +21.3 FTE) This net program change is an increase of 21.3 appropriated FTE
to support the implementation of efforts to meet statutory deadlines for prioritization, risk
evaluation, and risk management of existing chemicals and to streamline and accelerate the
review of premanufacture notices and significant new use notices for new chemicals.
• (+20.2 FTE) This program change reflects increased utilization of TSCA user fee
collections to support the implementation of efforts to meet statutory deadlines for
prioritization, risk evaluation, and risk management of existing chemicals and to streamline
and accelerate the review of pre-manufacture and significant new use notices for new
chemicals.
Statutory Authority:
Toxic Substances Control Act (TSCA).
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Toxic Substances: Lead Risk Reduction Program
Program Area: Toxics Risk Review and Prevention
Goal: A Cleaner, Healthier Environment
Objective(s): Ensure Safety of Chemicals in the Marketplace
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$11,567.0
$0.0
-$11,567.0
Total Workyears
56.7
62.9
0.0
-62.9
Program Project Description:
Reducing exposure to lead paint in old housing has the potential to significantly decrease blood
lead levels in children. Efforts to reduce lead paint exposure must include homes and locations
outside the home where young children spend significant amounts of time, such as child care
settings and schools.167
EPA's Lead Risk Reduction Program contributes to the goal of reducing childhood lead exposure
by: establishing a national pool of certified firms and individuals who are trained to carry out
renovation and repair and painting projects while adhering to the lead-safe work practice standards,
and to minimize lead dust exposure created during the course of such projects; establishing
standards governing lead hazard identification and abatement practices and maintaining a national
pool of professionals trained and certified to implement those standards; and providing information
and outreach to housing occupants and the public so they can make informed decisions and take
actions about potential lead hazards in their homes.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. With the coordinated
implementation of the Federal Action Plan to Reduce Childhood Lead Exposures and Associated
Health Impacts (Lead Action Plan), other forms of lead exposure are proposed to be addressed
through other targeted programs, such as lead pipe replacement, multi-media toxics reduction work
under the Multipurpose Grants Program, and other multi-faceted toxics reduction work under the
Healthy Schools Grant Program.
In FY 2021, EPA will continue to provide firm and individual certifications for safe work practices
for lead-based paint abatement and renovation and repair efforts through the Chemical Risk
Review and Reduction (CRRR) Program. EPA will continue to provide for the operation and
maintenance of the online database that supports the processing of applications for training
providers, firms and individuals, and finalization of the rulemaking for clearance levels for lead-
167 U.S. Environmental Protection Agency (EPA). (2008). Child-Specific Exposure Factors Handbook (Final Report), retrieved
from: https://cfpub.epa.gov/ncea/risk/recordisplay,cfm?deid= 199243.
385
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based dust on floors and window sills, with a planned publication date for the final rule in July
2021, through the CRRR Program. Support for implementation of the Lead Program will continue
at the State level in States with delegated programs from funding under the Categorical Grant:
Lead Program.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$11,567.0 /-62.9 FTE) This funding change proposes to eliminate the Lead Risk
Reduction Program by leveraging resources and expertise from other programs through
coordinated implementation of the Lead Action Plan and funding direct implementation of
the program in authorized states through STAG funds. Firm and individual certifications
for safe work practices for lead-based paint abatement and renovation and repair efforts
will be funded through the Chemical Risk Review and Reduction Program.
Statutory Authority:
Toxic Substances Control Act (TSCA).
386
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Underground Storage Tanks (LUST/UST)
387
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LUST / UST
Program Area: Underground Storage Tanks (LUST / UST)
Goal: A Cleaner, Healthier Environment
Objective(s): Revitalize Land and Prevent Contamination
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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Leaking Underground Storage Lanks
$10,133.9
$9,240.0
$7,149.0
-$2,091.0
Lotal Budget Authority
$21,223.7
$19,990.0
$14,012.0
-$5,978.0
Lotal Workyears
89.1
91.6
68.8
-22.8
Program Project Description:
Releases of petroleum from Underground Storage Tanks (UST) can contaminate groundwater, the
drinking water source for many Americans. Environmental Program Management funding helps
prevent releases by providing states168 and tribes with technical assistance and guidance, and by
funding work that assists states and tribes.
EPA partners with tribes to maintain information on tribal USTs and is the primary implementer
of the UST Program in Indian Country. With few exceptions, tribes do not have independent UST
program resources. This funding supports direct implementation of UST Program in Indian
Country.
In 2005, Congress passed the Energy Policy Act which, along with other release prevention
measures, required states to inspect all facilities in their jurisdictions at least once every three years.
EPA has been supporting states in these efforts (and ensuring these requirements are met before
continuing to grant additional funding for this). A recent EPA study suggests that increased UST
compliance is a result of increasing inspection frequency prompted by the Act. EPA's statistical
analysis, using the State of Louisiana's UST data, showed a positive and statistically significant
effect of increased inspection frequency on facility compliance.169 This evidence supports the data
trends the Agency has been witnessing: compliance rates are higher today than they were a decade
ago as a result of the three-year inspection requirement.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Revitalize Land and Prevent
Contamination in the FY 2018-2022 EPA Strategic Plan. EPA, with its state and tribal partners,
168 States as referenced here also include the District of Columbia and five territories as described in the definition of state in the
Solid Waste Disposal Act.
169 Sullivan, K. A.; Kafle, A (2017, May). Do more frequent inspections improve compliance? Evidence from underground
storage tank facilities in Louisiana. OCPA Working Paper No. 2017-05. Retrieved from
https://www.epa. gov/sites/production/files/201.7-
06/documents/olem_ocpa working paper jiojiiore frequent inspections Jiriprove coiiipliance.pdf".
388
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works to prevent releases of contamination and in partnership with tribes, provides training,
compliance assistance, and inspection support to implement the 2015 UST regulations in Indian
Country. Between the end of 2008 and the end of 2019, the number of annual confirmed releases
has decreased by 27 percent (from 7,364 to 5,375).
EPA will continue to collect data regarding both the compliance rate and the number of new
releases for UST systems in Indian Country. The compliance rate will help determine progress
toward meeting EPA's revised regulations and help identify any areas that need specific attention.
In addition, EPA will continue its work to determine the correlation between inspection frequency
and compliance rates.
In FY 2021, EPA will:
• Continue research studies that identify the compatibility of new fuel formulations with
current tank systems.
• Continue to coordinate with state UST prevention programs.
• Provide technical assistance, compliance help, and expert consultation to state, tribal, and
stakeholders on both policy and technical matters. This support strives to strengthen our
network of federal, state, tribal, and local partners (specifically communities and people
living and working near UST sites) and assists implementation of the UST regulations.
• Provide guidance, training, and assistance to the regulated community to improve
understanding and compliance.
• Provide technical assistance to states and the regulated community regarding compatibility
of UST systems with El 5 and conduct inspections in Indian Country to ensure
compatibility. Work in this area is important given the national growth in biofuels and other
emerging fuels.170
• Continue to work with industry, states, and tribes to identify causes and potential solutions
for corrosion in diesel tanks. Work in this area is important given the significant findings
regarding the increasing prevalence of corrosion of UST system equipment containing
ethanol or diesel fuels.171
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
170 Please see the following EPA website: www.epa.go¥/ust/eiiiergiiig-fuels-aiid-uiidergromid-storage-taiiks-usts#tab-2.
171 Please see the following EPA website: www.epa.gov/ust/eiiiergii:ig-fuels-aiid-uiidergrouiid-storage-taiik.s-usts#tab-3.
389
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$396.0) This change is an increase due to the recalculation of base payroll costs.
• (+$500.0) This program change is to enable EPA to continue studies into compatibility of
new fuel formulations with current tank systems.
• (-$4,783.0 / -17.6 FTE) This net program change reflects a reduced workload due to the
proposed elimination of the LUST Prevention and the Categorical Grant Underground
Storage Tanks programs. With available resources, the Program will continue to directly
implement a targeted compliance and release prevention program in Indian Country, and
work with any state partners who choose to maintain an UST Program after the elimination
of the federal grant funds.
Statutory Authority:
Resource Conservation and Recovery Act §§ 8001, 9001-9011.
390
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Water Ecosystems
391
-------
National Estuary Program / Coastal Waterways
Program Area: Water: Ecosystems
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$26,425.7
$29,823.0
$0.0
-$29,823.0
Total Workyears
38.0
36.9
0.0
-36.9
Program Project Description:
The National Estuary Program (NEP)/Coastal Waterways Program works to restore the physical,
chemical, and biological integrity of estuaries of national significance and coastal watersheds to
protect and restore water quality, habitat, and living resources.172
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$29,823.0 / -36.9 FTE) This funding change proposes to eliminate the NEP/Coastal
Waterways Program. EPA will encourage states to continue this work and continue to
implement conservation management plans.
Statutory Authority:
Great Lakes Legacy Reauthorization Act of 2008; Clean Water Act § 320; Estuaries and Clean
Waters Act of 2000; Protection and Restoration Act of 1990; North American Wetlands
Conservation Act of 1989.
172 For more information, please see: https://www.epa.gov/nep.
392
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Wetlands
Program Area: Water: Ecosystems
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$17,234.9
$19,241.0
$22,604.0
$3,363.0
Total Workyears
106.1
116.4
130.0
13.6
Program Project Description:
EPA's Wetlands Protection Program has two primary components: 1) the Clean Water Act (CWA)
Section 404 regulatory program and 2) the state and tribal development program. Major activities
of the Wetlands Protection Program include timely and efficient review of CWA Section 404
permit applications submitted to the U.S. Army Corps of Engineers (USACE) or authorized states;
engaging and partnering with USACE, states, and other stakeholders to develop stream and
wetland assessment tools, and improving compensatory mitigation effectiveness and availability
of credits; assisting in the development of state and tribal wetlands protection programs under the
CWA; and providing technical assistance to the public on wetland management and legal
requirements.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.2, Provide for Clean and Safe Water in
the FY 2018 - 2022 EPA Strategic Plan. Working with federal, state, tribal and local partners, EPA
will help to ensure an effective, consistent approach to wetlands protection. This is done through
both the Agency's work with USACE in federal CWA Section 404 permitting and work with states
and tribes to build their wetlands programs.
CWA Section 404
USACE is responsible for managing the day-to-day permit processes nationwide under CWA
Section 404. EPA engages in the USACE process to ensure compliance with the CWA Section
404(b)(1) guidelines as USACE formulates their proposed permits. EPA and USACE will work
together to implement Executive Order 13 807173 and the accompanying Memorandum of
Understanding and will continue to identify options for improving efficiencies in federal CWA
Section 404 permitting that would help reduce potential costs and delays; increase consistency and
predictability; improve protection of public health and the environment; and ensure permit
173 EO 13807 requires Federal agencies to process environmental reviews and authorization decisions for "major infrastructure
projects" as One Federal Decision (OFD) and sets a government-wide goal of reducing the average time for each agency to
complete environmental reviews for such projects to two years.
393
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decisions are legally defensible. In addition, EPA and USACE have initiated a rulemaking to
enhance the efficiency of the compensatory mitigation program. EPA also has initiated a
rulemaking to update the Agency's Section 404(c) regulations to provide greater certainty to
property owners.
EPA also will continue carrying out its responsibilities as a member of the Gulf Coast Ecosystem
Restoration Council authorized under the Resources and Ecosystem Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States (RESTORE) Act, and as a Natural
Resource Damage Assessment (NRDA) Trustee for the Deepwater Horizon oil spill under the Oil
Pollution Act (OP A). Under CWA Section 404, the RESTORE Act, and OP A, EPA's
responsibilities include timely, environmentally-sound, and compliant implementation of National
Environmental Policy Act (NEPA) review and associated permitting. Under NRDA, EPA is a
cooperating or lead federal agency for NEPA on all Trustee Implementation Group restoration
plans and ensures the appropriate level of NEPA analysis is integrated into those referenced
restoration plans. EPA's RESTORE responsibilities include NEPA analysis for projects that EPA
has been assigned by the Council. As a NRDA Trustee, the Agency undertakes mandatory
independent third-party financial audits every three years to ensure accountability regarding the
use of funds provided under a 2016 Consent Decree.174 The first independent third-party financial
audit was initiated in FY 2018 and concluded in FY 2019.
Building State and Tribal Wetlands Programs
EPA will continue to work with states and tribes to target Wetlands Protection Program funds to
core statutory requirements while providing states and tribes with the flexibility they need to best
address their priorities. This includes providing continued assistance for states and tribes interested
in assuming administration of the CWA Section 404 program. EPA will propose a rule to update
the existing assumption regulations and provide greater clarity to state and tribes on what waters
may be assumed. EPA also will continue to administer Wetlands Program Development Grants in
support of state and tribal wetlands programs, with a focus on working more efficiently with states
and tribes to achieve specific program development outcomes including supporting state and tribal
assumption of the CWA Section 404 program.175
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$2,762.0) This change is an increase due to the recalculation of base payroll costs.
• (+$601.0 / +13.6 FTE) This program change is an increase in resources andFTEto support
priority efforts on infrastructure projects, regulatory permitting, and state delegations and
174 For more information, please see: https://www.epa.gov/sites/production/files/2016-02/documents/deepwaterhorizon-cd.pdf.
175 For more information, please see: https://www.epa.gov/wetlands or http://www.cfda.gov.
394
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certifications. This will improve consistency and efficiencies and help ensure predictability
and certainty in the CWA Section 401 and Section 404 programs.
Statutory Authority:
CWA § 404.
395
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Water: Human Health Protection
396
-------
Beach / Fish Programs
Program Area: Water: Human Health Protection
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Total Budget Authority
$1,490.8
$1,584.0
$0.0
-$1,584.0
Total Workyears
1.8
3.2
0.0
-3.2
Program Project Description:
The Fish Component of the Beach/Fish Program provides up-to-date-science, guidance, technical
assistance, and nationwide information to state, tribal, and federal agencies on the human health
risks associated with eating potentially contaminated locally caught fish.
The Beach Component of the Beach/Fish Program provides up-to-date science, guidance, technical
assistance and nationwide information to state, tribal, and federal agencies on the human health
risks of swimming in pathogen-contaminated waters.
FY 2021 Activities and Performance Plan:
Resources and FTE are proposed for elimination for this program in FY 2021. The Agency will
encourage states to continue this work within ongoing core programs.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$1,584.0 / -3.2 FTE) This funding change proposes to eliminate the Beach/Fish Program.
The program objectives can be continued at the local level.
Statutory Authority:
Clean Water Act § 104.
397
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Drinking Water Programs
Program Area: Water: Human Health Protection
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$3,227.6
$4,094.0
$4,364.0
$270.0
Total Budget Authority
$95,600.7
$104,997.0
$101,826.0
-$3,171.0
Total Workyears
461.6
475.2
459.9
-15.3
Program Project Description:
Safe drinking water is critical for protecting human health and the economic vitality of the Nation.
Approximately 320 million Americans rely on the safety of tap water provided by public water
systems that are subject to national drinking water standards.176 EPA's Drinking Water Program
is based on a multiple-barrier and source-to-tap approach to protect public health from
contaminants in drinking water.177 EPA protects public health through: 1) source water assessment
and protection; 2) promulgation of new or revised National Primary Drinking Water Regulations
(NPDWRs); 3) training, technical assistance, and financial assistance programs to enhance public
water system capacity to comply with regulations and provide safe drinking water; 4) underground
injection control (UIC) programs; 5) supporting implementation of NPDWRs by state and tribal
drinking water programs through regulatory, non-regulatory, and voluntary programs and policies;
and 6) providing states and tribes with resources and tools to support the financing of water
infrastructure improvements.178
Recent events including the detection of lead and per- and polyfluoroalkyl substances (PFAS) in
drinking water highlights the importance of safeguards to public health and local economies, and
in particular, the need to prioritize threats and protect drinking water sources. The detection of lead
and PFAS, such as perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS) and Gen-X
chemicals, exemplifies the increased demand for risk communication and other tools that can help
communities across the country protect public health and address these chemicals.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.2, Provide for Clean and Safe Water in
the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, the Agency will continue to improve the
176 For more information on the U.S. Environmental Protection Agency Safe Drinking Water Information System (SDWIS/FED),
please see: http://water.epa.gov/scitech/datait/databases/drink/sdwisfed/index.cfm.
177 For more information, please see: https://www.epa.gov/sites/production/files/2015-
10/documents/guide swppocket 2002 updated.pdf.
178 For more information, please see: https://www.epa.gov/ground-water-and-drinking-water and https://www.cfda.gov.
398
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effectiveness and efficiency of regulatory programs for states and tribes. Over the five-year period
of the FY 2018 - 2022 EPA Strategic Plan, EPA is pursuing a 23 percent reduction in the number
systems that have health-based violations from 3,508 in FY 2017 to 2,700 by FY 2022. As of Fall
2019, approximately 1,982 of the 3,508 systems with health-based violations have been returned
to compliance. The Drinking Water Program supports this effort by providing assistance and
training to state drinking water programs, tribal drinking water officials, and technical assistance
providers on: achieving and maintaining compliance at drinking water systems; developing best
practices; strengthening state and tribal program capacity and certifying drinking water operators.
EPA also is enhancing its oversight of state drinking water programs by completing the annual
public water system supervision program review for each primacy agency as required under the
Safe Drinking Water Act (SDWA). Information gained during these reviews includes an analysis
of the completion of sanitary surveys by the primacy agency and an evaluation of whether the
primacy agency is implementing the state program in accordance with SDWA. The annual
program review directly supports the work of the states and the Agency to meet the long-term
performance goal in the FY 2018 - 2022 EPA Strategic Plan: By September 30, 2022, reduce the
number of community water systems out of compliance with health-based standards to 2,700.179
Water Infrastructure
Infrastructure investment is essential as the drinking water and wastewater sectors face a
significant challenge to protect public health and the environment despite the Nation's aging
infrastructure. In FY 2021, EPA will continue to support funding of the Nation's drinking water
infrastructure, focusing efforts to leverage and encourage public and private collaborative efforts
and investments. EPA will continue to work on the seventh Drinking Water Infrastructure Needs
Survey. This Survey provides a 20-year capital investment need for public water systems are
eligible to receive funding from state DWSRF programs.
In FY 2021, EPA will continue to support financing and construction of drinking water
infrastructure projects by doing the following in addition to supporting the Drinking Water State
Revolving Fund Program:
• Advising states on maintaining their capacity development and operator certification
programs to support compliance by public water systems with SDWA.
• Working with states to apply for Water Infrastructure Finance and Innovation Act (WIFIA)
loans for eligible projects.
• Encouraging states to develop state-centric tools to assist water systems with capacity
development and supporting coordination between Public Water System Supervision
(PWSS) programs and states.
The Water Infrastructure Improvements for the Nation Act of 2016 (WIIN) and America's Water
Infrastructure Act of 2018 (AWIA) strengthens many existing programs within EPA while creating
new programs to tackle significant public health concerns and environmental needs. These
179 Baseline is 3,508 community water systems out of compliance with health-based standards as of FY 2017. (Footnote updated
fromFJ 2018-2022 EPA Strategic Plan published February 12, 2018.)
399
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programs are vital to protecting public health, continuing to grow the American economy and
ensuring that rural and urban communities from coast-to-coast can thrive. New mandates range
from the creation of grant programs to promoting water workforce development. WIIN and AWIA
mandates will be critical to achieving the Administration's priorities by increasing water
infrastructure investment and improving drinking water and water quality across the country.
Drinking Water Implementation
In FY 2021, the Agency will continue to work with states to implement requirements for all
NPDWRs to ensure that systems install, operate, and maintain appropriate levels of treatment and
effectively manage their drinking water treatment plants and distribution systems. In particular,
EPA will continue to focus on working with states to optimize corrosion control treatment and
develop other strategies to minimize exposure to lead. EPA also will continue to focus on the
reduction of the number of community water systems with health-based violations, especially
small systems which have additional challenges.
EPA also continues to support state migration to the Compliance Monitoring Data Portal, which
enables drinking water utilities and laboratories to report drinking water data electronically. In
addition, EPA will continue development of the Safe Drinking Water Information System Prime
program management and reporting tool. Both systems support human health protection through
efficient data management and decision support.
In FY 2021, EPA also will conduct the following activities to facilitate compliance with rules:
• Oversee the national PWSS Program by administering grants to states and measuring
program results based on state reporting of health-based rule violations at public water
systems for over 90 drinking water contaminants.
• Offer training and technical assistance on a prioritized basis to states, tribes, and public
water systems with significant noncompliance with the NPDWRs.
• Directly implement the Aircraft Drinking Water Rule, designed to protect millions of
people who travel on approximately 5,700 aircraft in the U.S. annually.
• Directly implement the drinking water program where states and tribes do not have primacy
(e.g., Wyoming, the District of Columbia, and tribal lands excluding the Navajo Nation).
Drinking Water Standards
To assure the American people that their water is safe to drink, EPA's drinking water regulatory
program monitors for a broad array of contaminants, evaluates whether contaminants are a public
health concern, and regulates contaminants when there is a meaningful opportunity for health risk
reduction for persons served by public water systems. In FY 2021, the Agency also will address
drinking water risks, by:
• Publishing preliminary regulatory determinations for contaminants on the fourth
contaminant candidate list (CCL 4) for public comment with the goal of publishing final
determinations in early 2021. The list includes PFOA, PFOS, and other contaminants. In
EPA's 2019 PFAS Action Plan, the Agency committed to making a final regulatory
400
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determination in FY 2021. Making a final regulatory determination is the next regulatory
step in the SDWA to establish a maximum contaminant level for PFOA and PFOS.
• Developing and publishing the draft fifth contaminant candidate list (CCL 5) based on the
analysis of available health effects and occurrence data on unregulated contaminants.
• Conducting an analysis in support of the six-year review of existing NPDRWs utilizing
state data for regulated contaminants collected between 2012-2018.
• Continuing to participate in an interagency effort to address PFAS (PFOA, PFOS, Gen-Xj
to better understand the health impacts, the extent of occurrence in the environment, and
exposures to PFAS.
• Continuing to develop risk communication and other tools to support states, tribes and
localities in managing PFAS in their communities.
• Continuing to support state efforts to manage cyanotoxins in drinking water, including
providing technical assistance.
• Engaging stakeholders and developing draft technical support documents on the scientific
basis for the Microbial and Disinfection Byproducts Rule revisions.
• Providing support to and oversight of drinking water systems and laboratories as they
complete the collection and analysis of samples during the implementation of the fourth
Unregulated Contaminant Monitoring Rule (UCMR 4).
• Developing the final rule for the next cycle of UCMR monitoring (UCMR 5). This includes
evaluating and addressing public comments on the UCMR 5 proposed rule.
• Measuring progress via the FY 2020-2021 Lead and PFAS APGs.
Source Water Protection
EPA will continue to partner with states, federal counterparts, drinking water utilities, and other
stakeholders to identify and address current and potential impacts to sources of drinking water. In
FY 2021, the Agency will:
• Continue to develop data-layers and decision support tools to assist source water
assessment, planning, and emergency preparation efforts including the Drinking Water
Mapping Application for Protecting Source Waters and an online GIS program available
through EPA's web-based geospatial platform, Geoplatform.180
• Work with state, federal, utility, and local stakeholders to leverage resources, support
efforts to assist communities in source water protection activities and projects, and promote
ongoing efforts to protect drinking water sources.
• Continue to partner with United States Department of Agriculture (USDA)'s Natural
Resources Conservation Service and state partners to support implementation of the source
water protection provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill).
This presents an opportunity to forge stronger connections between EPA and USDA to
address agriculture-related impacts to drinking water sources.
• Continue to provide support for workshops that promote source water protection at the
local level and support the integration of source water protection into related programs at
the state and federal levels focusing on reducing nutrient pollution impacts on drinking
water sources.
180 For more information, please see: https://www.epa.gov/sourcewaterprotection/dwmaps.
401
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• Work with stakeholders to implement source water protection provisions mandated by
AWIA. Support the implementation of the AWIA revisions to the Emergency Planning and
Community Right-to-Know Act as it relates to notification of releases of hazardous
chemicals that potentially affect source water. In addition, support community water
systems having access to hazardous chemical inventory data.
• Continue to serve as an expert on sources of emerging drinking water contaminants and
options for limiting or preventing such contamination through source water protection and
integration of the SDWA and the Clean Water Act (CWA).
• Provide compliance assistance at drinking water and wastewater systems through the use
of circuit riders with requested additional resources for technical assistance.
Underground Injection Control (UIC)
To safeguard current and future underground sources of drinking water from contamination, the
UIC Program regulates the permitting, construction, operation, and closure of injection wells that
place fluids underground for storage, disposal, enhanced recovery of oil and gas, and minerals
recovery. In FY 2021, activities in the UIC Program include:
• Working with the Ground Water Protection Council, Interstate Oil and Gas Compact
Commission, and the National Rural Water Association to identify best practices in oil and
gas development, such as reuse and recycling of produced water, that can help safeguard
public health.
• Working with authorized state and tribal agencies in their efforts to effectively manage
Class II enhanced oil and gas recovery wells and oil and gas-related disposal wells.
• Supporting states and tribes in applying for primary enforcement responsibility and
implementing UIC Program revisions.
• Working with the State of California to review and approve aquifer exemptions so that the
state program is consistent with the SDWA and UIC regulations.
• Providing technical assistance, tools, and strategies to states for improving implementation
of UIC programs, including development of e-learning material.
• Using national UIC data to assist with promoting nationally consistent approaches to
program oversight of state and EPA UIC programs.
• Streamlining EPA UIC direct implementation permitting, developing standard work,
deploying Lean management principles and reducing the permit application backlog.
Through these efforts, the backlog of EPA-issued new UIC permits decreased from 36 to
26 in FY 2019.
Performance Measure Targets:
(PM DW-01) Community water systems out of compliance with health-based standards.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
3,510
3,380
3,280
3,060
CWSs
Actual
4,682
5,050
4,817
3,508
3,480
3,547
Work under this program supports performance results in the Compliance Monitoring Program
under the EPM appropriation.
402
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$5,394.0) This change is an increase due to the recalculation of base payroll costs.
• (+$3,274.0 / + 2.8 FTE) This program change is an additional increase to support the PFAS
focus area, including the implementation of the drinking water elements of EPA's PFAS
Action Plan related to policy development and regulatory efforts to address PFAS in
drinking water systems.
• (+$25.0) This program change is an increase under the circuit rider focus area to support
compliance assistance for drinking water and wastewater systems and multi-media
assistance in Indian Country through the use of circuit riders.
• (-$12,134.0 / - 22.3 FTE) This program change is a decrease that refocuses agency efforts
to core Drinking Water Program activities and requirements.
Statutory Authority:
SDWA; CWA.
403
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Water Quality Protection
404
-------
Marine Pollution
Program Area: Water Quality Protection
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$9,349.3
$9,258.0
$4,680.0
-$4,578.0
Total Workyears
40.3
31.8
3.0
-28.8
Program Project Description:
EPA's Marine Pollution Program aims to reduce marine litter and improve trash capture activities
across the country and supports the Trash Free Waters Program.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.2, Provide for Clean and Safe Water in
the FY 2018 - 2022 EPA Strategic Plan. The FY 2021 request includes resources and FTE to
expand trash capture and prevention programs across the U.S., tied to water quality and waste
management goals. This program will provide support to states and municipalities in coastal
regions and on major river systems. Work will focus on high impact activities, such as expanding
trash prevention, clean-up, and monitoring programs. Examples include installing trash capture
systems in major stormwater outfalls and tributaries of cities and smaller communities using the
most cost-effective technologies for each municipality; integrating trash prevention goals and
guidelines into state and municipal stormwater management permits and practices; creating a
comprehensive clearinghouse of federal, corporate, and philanthropic funding sources to
implement place-based trash capture projects on a broad scale; creating next generation social
marketing campaigns to reduce litter and improve trash capture; and validating and replicating the
most effective tools, projects, metrics, and partnerships across the U.S. for subsequent application
in countries with the greatest need.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$12.0) This change is a decrease due to the recalculation of base payroll costs.
405
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• (+$4,675.0 / +3.0 FTE) This program change is an increase to resources and FTE to support
the reducing ocean pollution and plastic focus area through expanding trash capture and
prevention programs tied to water quality and waste management goals.
• (-$9,241.0 / -31.8 FTE) This program change reduces resources and FTE for the Marine
Pollution Program. Remaining resources will focus on trash capture and prevention
programs tied to water quality and waste management goals.
Statutory Authority:
Clean Water Act; Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act);
Marine Debris Research, Prevention and Reduction Act of 2006; Marine Plastic Pollution
Research and Control Act of 1987.
406
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Surface Water Protection
Program Area: Water Quality Protection
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
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$196,146.1
$198,431.0
$201,799.0
$3,368.0
Total Workyears
920.3
942.2
962.8
20.6
Program Project Description:
The Surface Water Protection Program, under the Clean Water Act (CWA), directly supports
efforts to protect, improve, and restore the quality of our Nation's coasts, rivers, lakes, and streams.
EPA works with states and tribes to make continued progress toward clean water goals.
FY 2021 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.2, Provide for Clean and Safe Water in
the FY 2018 - 2022 EPA Strategic Plan. In FY 2021, EPA will work with states and tribes to target
funds to core requirements while providing states and tribes with flexibility to best address their
priorities for surface water protection.
Program Implementation
Water Quality Criteria and Standards. In FY 2021, EPA will continue to develop and publish new
or revised water quality criteria reflecting the latest scientific knowledge as required by CWA
Section 304. EPA also will continue to review and take action on both state and tribal water quality
standards and state lists of impaired waters as required by CWA Section 303. Water quality criteria
and standards provide the scientific and regulatory foundation for water quality protection
programs under the CWA. EPA will continue to support state and tribal programs by providing
scientific water quality criteria information as required by CWA Section 304. EPA also will
continue to support states and authorized tribes in adopting and implementing water quality
standards in accordance with the water quality standards regulation set forth in 40 CFR part 131.
Effluent Limitations Guidelines (ELGs). As required under the CWA, EPA will continue to
annually review industrial sources of pollution and publish a preliminary ELG plan for public
review, followed by a final biennial ELG plan informed by public comment. These plans will
identify any industrial categories where ELGs need to be revised or where new ELGs need to be
developed.
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Biosolids. EPA will continue to implement the biosolids (sewage sludge) program as required
under CWA Section 405, including reviewing the biosolids regulations not less often than every
two years for the purpose of identifying additional toxic pollutants and promulgating regulations
for such pollutants consistent with the CWA. EPA also will continue to develop tools to conduct
risk assessments for chemicals and pathogens found in biosolids.
Impaired Waters Listings and Total Maximum Daily Loads (TMDLs). EPA will work with states
and other partners on identifying impaired waters and TMDLs, as required by CWA Section
303(d), and on waterbody restoration plans for listed impaired waterbodies. TMDLs focus on
clearly defined environmental goals and establish a pollutant budget, which is then implemented
through local, state, and federal watershed plans and programs to restore waters. EPA also will
work with states and tribes on their CWA Section 303(d) programs and plans to ensure they are
effective. Support will be provided to control nonpoint sources of pollution and ensure the
protection of high-quality waters.
Monitoring and National Aquatic Resource Surveys. EPA will continue working with states and
tribes to support the National Aquatic Resource Survey's statistically representative monitoring of
the condition of the Nation's waters which supports CWA Section 305(b). EPA also will continue
working with states and tribes to support base water quality monitoring programs and priority
enhancements that serve state and tribal CWA programs in a cost-efficient and effective manner.
EPA will continue supporting state and tribal water quality data exchange and tools to maximize
the use of data from multiple organizations to support water quality management decisions.
Waters of the United States. EPA and the Department of the Army have implemented Executive
Order 13778181 directing the Administrator of EPA and the Assistant Secretary of the Army for
Civil Works to review the 2015 Clean Water Rule (CWR) and publish for notice and comment a
proposed rule rescinding or revising the CWR, as appropriate and consistent with law. The
Agencies signed the final Navigable Waters Protection Rule in January 2020. EPA and the
Department of the Army are developing implementation tools and resources to support the revised
definition and have initiated an effort to develop geospatial datasets to assist in identifying
jurisdictional waters under the CWA.
Water Quality Certification. In response to Executive Order 13868182 issued in April 2019, EPA
issued guidance to assist states, tribes, other federal agencies, and stakeholders in understanding
how to implement and navigate the CWA Section 401 water quality certification process. EPA
proposed a rule in August 2019 to update the Section 401 certification regulations and plans to
take final action in FY 2020. Section 401 of the CWA gives states and authorized tribes the
authority to assess potential water quality impacts of discharges from federally permitted or
licensed infrastructure projects that may affect navigable waters within their borders.
Core Water Quality Programs. In FY 2021, EPA will continue to implement and support the core
water quality programs that control point source discharges through permitting and pretreatment
programs. The National Pollutant Discharge Elimination System (NPDES) Program under the
181 For more information, please refer to Executive Order 13778, "Restoring the Rule of Law, Federalism, and Economic Growth
by Reviewing the 'Waters of the United States' Rule".
182 For more information, please refer to Executive Order 13868, "Promoting Energy Infrastructure and Economic Growth".
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CWA works with states to structure the permit program, support its implementation and better
pursue comprehensive protection of water quality on a watershed basis. EPA is requesting
additional resources for technical assistance through the use of circuit riders to provide compliance
assistance at drinking water and wastewater systems.
Vessel Incidental Discharge Act (VIDA). In December 2018, the VIDA was signed into law
establishing a new framework for the regulation of discharges incidental to the normal operation
of vessels. EPA will propose a rule in FY 2020 to set national performance standards for
approximately 30 different categories of discharges from commercial vessels greater than 79 feet
in length, and for ballast water from commercial vessels of all sizes.
Nutrient and Harmful Algal Bloom (HAB) Reductions. The FY 2021 request directs resources and
FTE to support efforts to reduce nutrient pollution and FLABs, which remain the most significant
widespread water quality challenge across the country, despite decades of efforts to achieve
reductions. The sources and impacts of nutrient pollution and FLABs vary depending on geographic
location, and span urban, rural, and coastal landscapes. Still, in many places nonpoint sources are
responsible for a significant portion of nutrient loads. Federal regulatory programs do not
comprehensively cover these issues, and therefore a more diverse suite of approaches (non-
regulatory, incentive-based, partnership, and market approaches), must be used to complement
EPA's existing regulatory drivers. Harnessing the wealth of information accrued via federal, state,
and local efforts to reduce nutrients, this effective partnership framework engages our state
partners at the forefront of environmental protection. The FY 2021 request also directs resources
to reduce and better predict HABs, which can be caused by nutrient pollution.
Per- and Polyfluoroalkyl Substances (PFAS.) EPA is requesting additional funding and FTE to
assist in meeting our goals under the PFAS Action Plan and the FY 2020-FY 2021 PFAS Agency
Priority Goal (APG). The PFAS Action Plan includes the following work: the development of
human health and aquatic life criteria; biosolids risk assessments for PFOA and PFOS;
development of methods for detecting PFAS in wastewater; collecting information on discharges
of PFAS from industrial point sources; and fish tissue monitoring.
Infrastructure
EPA will continue its support of the Nation's infrastructure, focusing on efforts to leverage and
encourage public and private collaborative efforts and investments in improving the Nation's water
infrastructure. This program supports the policy and fiduciary oversight of the Clean Water State
Revolving Fund Loan (CWSRF) Program, which provides low-interest loans to help finance
wastewater treatment facilities and other water quality projects.183 The Program supports policies
and outreach that help ensure the good financial condition of the State Revolving Funds. Federal
capitalization to the SRFs is significantly leveraged; since 1987, CWSRF programs have made
41,234 assistance agreements, funding over $138 billion in wastewater infrastructure and other
water quality projects. The Program also funds implementation of sections of the America's Water
Infrastructure Act of 2018 (AWIA).
183 For more information, please see fattps://www. epa. gov/cwsrf
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This program also supports the Clean Watersheds Needs Survey (CWNS). The CWNS is an
assessment of the capital investment needed nationwide for publicly-owned wastewater collection
and treatment facilities to meet the water quality goals set in the CWA.
The FY 2021 request supports funding for the Environmental Finance Centers Program which will
help communities across the country improve their wastewater and stormwater systems,
particularly through innovative financing.
Program Oversight/Accountability
States and tribes play a critical role in implementing the CWA. For programs where states and
tribes have primacy, the Agency will focus on providing oversight and assistance. The Agency
will continue to support states in electronically reporting CWA Section 303(d) and Section 305(b)
assessment conclusions through the Assessment TMDL Tracking Implementation System
(ATTAINS) to track improvements in impaired waters. This tool reduces burden on states to track
and report progress in meeting water quality standards in waters targeted for local action and
greatly improves evidence-based tracking of local actions to improve water quality. In addition, as
required under the CWA and Executive Orders 12866, 13638, and 13771, EPA will continue to
support cost-benefit analysis for CWA regulatory and deregulatory actions. EPA will work with
states, tribes, territories, and local communities to safeguard human health; maintain, restore, and
improve water quality; and make America's water systems sustainable and secure, supporting new
technology and innovation wherever possible.
In support of the FY 2018 - 2019 APG to accelerate permitting-related decisions, the Agency
initiated a Lean process improvement effort in FY 2018 focused on NPDES permit streamlining.
This effort identified potential delays in the permitting process, estimated timing of individual
permit issuance steps, and the ideal timing for each step. After process improvements were
implemented, the backlog of EPA-issued new NPDES permits decreased from 106 to 26 as of the
end of FY 2019 and EPA is on track to eliminate the backlog and meet the long-term performance
goal to reach all permitting-related decisions within six months by the end of FY 2022.
The FY 2021 request supports the FY 2020 - 2021 APG to accelerate permitting-related decisions
and the Agency's continued streamlining efforts focused on establishing clear timelines for
permitting processes, ongoing deregulatory efforts, and increasing state delegations. These efforts
will continue to advance support for communities and promote economic growth. Looking
forward, EPA plans to: implement a national strategy to eliminate the NPDES permit backlog,
continue to identify NPDES permits that are delayed due to Endangered Species Act consultation,
and improve consultations processes through efforts such as trainings.
Another process improvement effort focused on streamlining the flow of data from EPA labs to
state partners and data analysts. Improvements are being tracked through an internal process. The
Agency will continue to implement these process improvements and monitor the backlog of water
quality standards (WQS) actions. The Agency will continue to work to decrease the number of
state and tribal WQS revision actions that have been submitted to EPA that EPA neither approved
nor disapproved within the first 60 days after submittal to EPA, and that have yet to be acted upon.
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The CWA requires EPA to review state and tribal WQS revisions and either approve within 60
days or disapprove within 90 days.
EPA will continue to track state progress in completing TMDLs, alternative restoration
approaches, or protection plans with the goal of 84 percent of plans in place at state identified
priority waters by the end of 2021. At the end of FY 2019, 51 percent of state priority waters were
addressed by a TMDL, alternative restoration plan, or protection approach. EPA has continued to
support Lean efforts in the states to improve their water quality monitoring, assessment, and
reporting processes. EPA continues to support streamlining efforts to allow states to reduce the
time they spend on administrative reporting and contribute to improved reporting of the Agency's
strategic plan performance goal: By September 30, 2022, reduce the number of square miles of
watershed with surface water not meeting standards by 37,000 square miles.184 By the end of FY
2019, the number of square miles of watershed areas that contained impaired waters in 2018 was
reduced by over 12,700 square miles.
Performance Measure Targets:
(PM NPDES-03) Number of existing EPA-issued NPDES permits in backlog.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
360
280
200
Permits
Actual
45<>
373
(PM SWP-01) Watersheds with surface water not meeting standards (cumulative).
I V 2014
I V 2015
I V 201(.
I V 20 r
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
No Target
Estab-
lished
497,728
564,536
555,536
Square Miles
Actual
N/A
493,930
(PM SWP-02) Watersheds with surface waters not meeting standards because of nutrients (square miles).
I V 2014
I V 2015
I V 201(,
iy 20 r
I V 2018
I V 2019
I V 2020
1Y 2021
Units
Target
192,096
Square Miles
Actual
(PM TMDL-02) Percentage of priority TMDLs, alternative restoration plans, and protection approaches in
place.
I V 2014
I V 2015
I V 201(,
I V 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
50
67
84
Percent
Actual
14
33.3
51.2
Numerator
x.x::
14,045
33,194
48,544
Square Miles
Denominator
mi.i4i
99,424
99,415
94,806
4Universe is 506,728 square miles of impaired waters as of December 31,2018. (Footnote updated from FY 2018-2022 Strategic
Plan published February 12, 2018.)
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FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$12,756.0) This change is an increase due to the recalculation of base payroll costs.
• (+$2,925.0 / +2.5 FTE) This program change is an increase of resources and FTE to support
the nutrient and HAB reductions focus area through the advancement of a more
comprehensive approach to addressing nutrient and nonpoint source pollution, which
contributes to the development of HABs. This increase will support enhancing market
mechanisms, efforts to better predict and respond to HABs, and coordination of
surveillance pilots, including through IAs with other federal partners.
• (+$819.0 / +0.7 FTE) This program change is an increase of resources and FTE to support
the PFAS focus area including the implementation of the PFAS Action Plan and associated
milestones in support of the FY 2020 - 2021 PFAS APG.
• (+$25.0) This program change is an increase to support technical assistance through the
use of circuit riders. Efforts are targeted to provide compliance assistance at drinking and
wastewater systems and multi-media assistance in Indian Country under the circuit rider
focus area.
• (-$13,157.0 / +17.4 FTE) This net program change reduces Surface Water Protection
program resources, including the elimination of the WaterSense program. EPA will focus
remaining resources on statutory requirements and highest priority work.
Statutory Authority:
CWA; Marine Protection, Research, and Sanctuaries Act; Marine Debris Research, Prevention and
Reduction Act of 2006; Marine Plastic Pollution Research and Control Act of 1987.
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Congressional Priorities
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Water Quality Research and Support Grants
Program Area: Congressional Priorities
Goal: A Cleaner, Healthier Environment
Objective(s): Provide for Clean and Safe Water
(Dollars in Thousands)
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
linvironmenlul Pru'^rums A- Muiui'^cmcnl
so.o
SI '.'OO.O
so.o
-SI'00.0
Science & Technology
$4,092.0
$6,000.0
$0.0
-$6,000.0
Total Budget Authority
$4,092.0
$23,700.0
$0.0
-$23,700.0
Program Project Description:
The purpose of this program is to provide training and technical assistance for small public water
systems to help such systems achieve and maintain compliance with the Safe Drinking Water Act
(SDWA) and to provide training and technical assistance for small publicly-owned wastewater
systems, communities served by onsite/decentralized wastewater systems, and private well owners
to improve water quality under the Clean Water Act (CWA).
FY 2021 Activities and Performance Plan:
Resources are proposed for elimination for this program in FY 2021. States have the ability to
develop technical assistance plans for their water systems using Public Water System Supervision
Program grant funds and set-asides from the Drinking Water State Revolving Fund.
Performance Measure Targets:
EPA's FY 2021 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$17,700.0) This funding change proposes to eliminate the Water Quality Competitive
Grant Program. Resources are available through other existing programs and states are best
positioned to develop technical assistance plans for their water systems.
Statutory Authority:
SDWA § 1442(e); Federal Food, Drug and Cosmetic Act; Food Quality Protection Act;
Endangered Species Act; CWA § 104(b)(3).
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