United States
Environmental Protection Agency
FISCAL YEAR 2021
Justification of Appropriation
Estimates for the Committee
on Appropriations
Tab 08: Leaking Underground Storage Tanks
February 2020
EPA-190-S-20-001 www.epa.gov/ocfo
-------
Environmental Protection Agency
FY 2021 Annual Performance Plan and Congressional Justification
Table of Contents - Leaking Underground Storage Tanks
Program Projects in LUST 535
Enforcement 537
Civil Enforcement 538
Operations and Administration 540
Acquisition Management 541
Central Planning, Budgeting, and Finance 542
Facilities Infrastructure and Operations 544
Underground Storage Tanks (LUST/UST) 546
LUST/UST 547
LUST Prevention 550
LUST Cooperative Agreements 551
Program Project Description: 551
Research: Sustainable Communities 554
Research: Sustainable and Healthy Communities 555
533
-------
534
-------
Environmental Protection Agency
FY 2021 Annual Performance Plan and Congressional Justification
APPROPRIATION: Leaking Underground Storage Tanks
Resource Summary Table
(Dollars in Thousands)
FY 2021 Pres
Estimated
Budget v.
FY 2019
FY 2020
FY 2021
Estimated FY 2020
Actuals
Enacted
Pres Budget
Enacted
Leaking Underground Storage Tanks
Budget Authority
$98,172.9
$91,941.0
$48,218.0
-$43,723.0
Total Workyears
41.1
46.6
40.7
-5.9
Bill Language: Leaking and Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank cleanup activities
authorized by subtitle I of the Solid Waste Disposal Act, $48,218,000, to remain available until
expended, of which $48,218,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act: Provided, That
the Administrator is authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally
recognized Indian tribes for the development and implementation of programs to manage
underground storage tanks.
Program Projects in LUST
(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
Enforcement
Civil Enforcement
$678.1
$620.0
$541.0
-$79.0
Operations and Administration
Central Planning, Budgeting, and Finance
$258.3
$321.0
$450.0
$129.0
Facilities Infrastructure and Operations
$847.2
$868.0
$796.0
-$72.0
Acquisition Management
$70.2
$163.0
$138.0
-$25.0
Subtotal, Operations and Administration
$1,175.7
$1,352.0
$1,384.0
$32.0
Underground Storage Tanks (LUST / UST)
LUST / UST
$10,133.9
$9,240.0
$7,149.0
-$2,091.0
LUST Cooperative Agreements
$59,225.6
$55,040.0
$38,840.0
-$16,200.0
LUST Prevention
$26,829.1
$25,369.0
$0.0
-$25,369.0
535
-------
Program Project
FY 2019
Actuals
Estimated
FY 2020
Enacted
FY 2021 Pres
Budget
FY 2021 Pres
Budget v.
Estimated FY 2020
Enacted
Subtotal, Underground Storage Tanks (LUST / UST)
$96,188.6
$89,649.0
$45,989.0
-$43,660.0
Research: Sustainable Communities
Research: Sustainable and Healthy Communities
$130.5
$320.0
$304.0
-$16.0
TOTAL LUST
$98,172.9
$91,941.0
$48,218.0
-$43,723.0
536
-------
Enforcement
537
-------
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
Environmental Programs & Management
$160,202.2
$167,615.0
$157,820.0
-$9,795.0
1.caking I ntlcrgronntl Storage Tanks
v» ~
-------
Performance Measure Targets:
(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
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$5.0) This change is a decrease due to the recalculation of base payroll costs.
• (-$74.0 / -0.3 FTE) The net program change reflects EPA's efforts to target funds to the
highest priority sites.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic authority); Subtitle I of the Solid Waste Disposal Act.
539
-------
Operations and Administration
540
-------
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
Environmental Programs & Management
$33,799.8
$30,945.0
$29,621.0
-$1,324.0
1.caking I ntlcrgronntl Storage Tanks
,S 2
SKiXI)
S1JS.0
-S 2x0
Hazardous Substance Superfiind
$18,593.2
$20,533.0
$22,982.0
$2,449.0
Total Budget Authority
$52,463.2
$51,641.0
$52,741.0
$1,100.0
Total Workyears
261.2
285.7
259.5
-26.2
Program Project Description:
Leaking Underground Storage Tank (LUST) resources in the Acquisition Management Program
support the Agency's contract activities.
FY 2021 Activities and Performance Plan:
Work in this program supports Goal 3/Objective 3.5, Improve Efficiency and Effectiveness in the
FY 2018 - 2022 EPA Strategic Plan. Acquisition Management resources in LUST support
information technology needs and the training and development of EPA's acquisition workforce.
Performance Measure Targets:
Work under this program supports performance results in the Acquisition Management Program
under the EPM appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$25.0) This program change reflects a reduction as a result of more effective business
practices in the Acquisition Management 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); Subtitle I of the Solid Waste Disposal Act.
541
-------
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
Environmental Programs & Management
$72,920.6
$71,423.0
$76,603.0
$5,180.0
1.caking I ntlcrgronntl Storage Tanks
S25X.3
S321.il
S-/.Vl.il
.S l2V.il
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:
EPA's financial management community maintains a strong partnership with the Leaking
Underground Storage Tanks (LUST) Program. Activities under the Central Planning, Budgeting,
and Finance Program support the management of integrated planning, budgeting, financial
management, performance and accountability processes, and systems to ensure effective
stewardship of LUST resources. This includes developing, managing, and supporting a
performance management system consistent with the Government Performance and Results
Modernization Act of 2010 that involves: strategic planning and accountability for environmental,
fiscal, and managerial results; providing policy, systems, training, reports, and oversight essential
for the financial operations of EPA; managing the agencywide Working Capital Fund; providing
financial payment and support services for specialized fiscal and accounting services for the LUST
programs; and managing the Agency's annual budget process.
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 ensure sound
financial and budgetary management of the LUST Program through the use of routine and ad hoc
analysis, statistical sampling, and other evaluation tools. Building on the work begun in previous
years, EPA will continue to monitor and strengthen internal controls with a focus on sensitive
payments and property. In addition, the Agency is reviewing its financial systems for efficiencies
and effectiveness, identifying gaps, and targeting legacy systems for replacement.
542
-------
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):
• (+$164.0) This change is an increase due to recalculation of base payroll costs.
• (-$35.0 / -0.4 FTE) This net program change is a decrease as the Agency streamlines in
the areas of strategic planning, budget preparation, financial reporting, and transaction
processing.
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); Subtitle I of the Solid Waste Disposal Act.
543
-------
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
Environmental Programs & Management
$321,500.4
$287,595.0
$317,345.0
$29,750.0
Science & Technology
$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
1.caking I ntlcrgronntl Storage Tanks
S.N
ssos.n
S ~V(>.0
-S '2.0
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:
EPA's Facilities Infrastructure and Operations Program in the Leaking Underground Storage Tank
(LUST) appropriation supports the Agency's rent, transit subsidy, and facilities management
services. Funding is allocated for such services 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. The Agency will continue to conduct
rent reviews and verify monthly billing statements for its lease agreements with the General
Services Administration and private landlords. For FY 2021, EPA is requesting a total of $0.62
million for rent in the LUST appropriation. EPA uses a standard methodology to ensure that rent
charging appropriately reflects planned and enacted resources at the appropriation 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):
• (-$72.0) This program change is a decrease to basic operations and maintenance costs.
544
-------
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); Subtitle I of the Solid Waste Disposal Act.
545
-------
Underground Storage Tanks (LUST/UST)
546
-------
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
Environmental Programs & Management
$11,089.8
$10,750.0
$6,863.0
-$3,887.0
1.caking I ntlcrgronntl Storage
Tanks
SI 0.13.IV
SV.2-10.0
s
-N 2.0V IM
Total Budget Authority
$21,223.7
$19,990.0
$14,012.0
-$5,978.0
Total Workyears
89.1
91.6
68.8
-22.8
Program Project Description:
The Leaking Underground Storage Tank (LUST) resources in the LUST/Underground Storage
Tank (UST) Program ensure that petroleum contamination is properly assessed and cleaned up.
Under this program, EPA issues, monitors, and oversees LUST cleanup cooperative agreements
to states.2 EPA also provides technical assistance and training to states and tribes on how to
conduct cleanups and improve the efficiency of state programs. As of September 2019, 57,308
LUST sites had not achieved cleanup completion.3
In addition, EPA has direct implementation authority and responsibilities in Indian Country. In
that role, EPA oversees cleanups by responsible parties, conducts site assessments, remediates
contaminated water and soil, and provides alternative sources of drinking water when needed.
EPA's funding for Indian Country is the primary source of money for these activities. With few
exceptions, tribes do not have independent program resources to pay for assessing and cleaning up
UST releases, and in many cases, there are no responsible parties available to pay for the cleanups
at sites in Indian Country.
Cleaning up LUST sites protects people from exposure to contaminants such as benzene, a known
carcinogen, and makes land available for reuse. A 2018 study found that high profile UST releases
decrease nearby property values 2 to 6 percent. Then, once a cleanup is completed, nearby property
values rebound by a similar margin.4 In 2019, cleanups were completed at 8,358 LUST sites.
FY 2021 Activities and Performance Plan:
2 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.
3 Please see EPA website: http://www.epa.gov/ust/ust-performance-measures.
4Guignet, D., Jenkins, R.,Ranson, M., & Walsh, P. J. (2018). Contamination and incomplete information: Bounding implicit prices
using high-profile leaks. Journal of environmental economics and management, 88, 259-282.
https://doi.org/! 0.1.01.6/i .ieeni.2017.1.2.003.
547
-------
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's ambitious 11,200 annual target
for the number of LUST sites that meet risk-based standards for human exposure and groundwater
migration has proven especially challenging. EPA has intensively engaged state partners to
identify long-term strategies to meet the long-term performance goal of completing 56,000
additional LUST cleanups between FY 2018-2022. In FY 2019, LUST cleanups increased to 8,358
representing the first annual increase in such cleanups since FY 2013.
EPA will continue to collect and analyze information about the initiation and cleanup of UST
releases. This information will chart progress toward achieving its annual performance goal of
completing 11,200 cleanups in FY 2021 and inform EPA's work with its state partners to increase
the number of cleanups completed. As part of that effort, EPA and individual states may initiate
Kaizen process improvement events if EPA and the state determine the Kaizen event will help
streamline a state's process.
In FY 2021, EPA will:
• Work with states and tribes within available resources to implement strategies to reduce
the number of sites that have not reached cleanup completion and to address new releases
as they continue to be confirmed.
• Provide targeted training to states and tribes, such as remediation process optimization and
rapid site assessment techniques.
• Monitor the soundness of financial mechanisms, in particular, insurance and state cleanup
funds that serve as financial assurance for LUST releases; ensuring that money is available
to pay for cleanups. In addition, EPA will continue to provide analysis and technical
assistance to states to help them improve the environmental and financial performance of
their cleanup funds.
• Provide support in Indian Country for site assessments, investigations, and remediation of
high priority sites; enforcement against responsible parties; cleanup of soil and
groundwater; alternate water supplies; cost recovery against UST owners and operators;
oversight of responsible party lead cleanups; and technical expertise and assistance to tribal
governments.
• Provide resources and support to states and tribes to quickly address emergency responses
from releases to the environment. Releases from USTs can result in imminent threats to
public safety when petroleum or petroleum vapors reach explosive levels in sewers, utility
corridors, underground parking structures, and basements near a LUST site. Emergency
response incidents across the country show that reporting, initial abatement measures, and
free product removal activities may need to be implemented immediately upon discovery
of a release to protect human health and the environment.5
5 For more information, please see: http://astswmo.org/compeadium-of-emergency-response-actions-at-underground-storage-
tank-sites-version-2/.
548
-------
Performance Measure Targets:
Work under this program supports performance results in the LUST Cooperative Agreements
Program under the LUST appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$582.0) This change is an increase due to the recalculation of base payroll costs.
• (-$2,673.0 / -5.2 FTE) This net program change reflects a focus on cleaning up the highest
priority LUST sites in Indian Country and a reduction in resources that provide subject
matter and technical expertise to states and tribes.
Statutory Authority:
Resource Conservation and Recovery Act §§ 8001, 9001-9014.
549
-------
LUST Prevention
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
Leaking I nilcrgrounil Storage Tanks
S2/i.S2V.J
S 2.\M>V.H
so.o
-S2.\3f>VM
Total Budget Authority
$26,829.1
$25,369.0
$0.0
-$25,369.0
Program Project Description:
The Leaking Underground Storage Tank (LUST) Prevention Program works to ensure that
groundwater is protected from petroleum and associated chemicals leaking from underground
storage tanks (USTs). The LUST Cooperative Agreement Program provides funding to states to
assess and clean up LUST sites. This program has provided funding to states,6 tribes, and/or
intertribal consortia to inspect, prevent releases, ensure compliance with federal and state laws,
and enforce these laws for the 549,583 federally regulated active USTs.7 The Energy Policy Act
(EPAct) of 2005 requires EPA or states to inspect every UST once every three years.
FY 2021 Activities and Performance Plan:
Resources are proposed for elimination for this program in FY 2021. States could elect to maintain
core program work with state resources rather than federal resources.
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):
• (-$25,369.0) This funding change proposes to eliminate the LUST Prevention Program.
Statutory Authority:
Solid Waste Disposal Act of 1976, as amended by the Superfund Amendments and
Reauthorization Act of 1986, § 2007(f); Energy Policy Act, § 9011.
6 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.
7 See EPA website: http://www.epa.gov/ust/ust-performance-measures.
550
-------
LUST Cooperative Agreements
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
Leaking I nilcrgrounil Storage Tanks
S5V.22S.0
S 55.040M
SJS.S-IO.O
-S lf>. 200.0
Total Budget Authority
$59,225.6
$55,040.0
$38,840.0
-$16,200.0
Program Project Description:
This funding is used to award cooperative agreements to states8 to implement the Leaking
Underground Storage Tank (LUST) Program. The LUST Program ensures that petroleum
contamination is properly assessed and cleaned up by providing states with funding to address
releases, including in groundwater.9 LUST funding supports states in managing, overseeing, and
enforcing cleanups at LUST sites. This is achieved by focusing on increasing the efficiency of
LUST cleanups nationwide, leveraging private and state resources, and enabling community
redevelopment. Cleaning up LUST sites protects people from exposure to contaminants and makes
land available for reuse.
EPA's backlog study characterized the national inventory of sites that have not reached cleanup
completion. The study found that almost half of the releases were 15 years old or older, and that
groundwater was contaminated at 78 percent of these sites. Remediating groundwater
contamination is often more technically complex, takes longer, and is more expensive than
remediating soil contamination.10 Potential adverse health effects from chemicals in gasoline such
as benzene as well as methyl-tertiary-butyl-ether (MTBE), alcohols, or lead scavengers contribute
to the importance of cleaning up these contaminants and increase the cost of cleaning up these
sites.11
In 2016, EPA released a study called "Property Value Study of High-Profile UST Release Sites."
The purpose of the study was to determine the impact of high-profile UST releases on housing
prices. The study found that high profile UST releases decrease nearby property values 2 to 6
percent. Once a cleanup is completed, nearby property values rebound by a similar margin.12
8 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.
9 Almost half of the Nation's overall population and 99 percent of the population in rural areas rely on groundwater for drinking
water. (See EPA 2000 Water Quality Inventory Report. https://archive.epa.gov/water/archive/web/html/20Q0report index.htmT).
10 Please see The National LUST Cleanup Backlog: A Study Of Opportunities, September 2011, http: //www, epa. go v/ust/national-
lust-cleanup-backlog-studv-opportunities.
11 Please see Technologies for Treating MtBE and Other Fuel Oxygenates, May 2004, pages 2-6 and 2-7, https://clu-
in.org/download/remed/542r04009/542r04009.pdf.
12 Guignet, D., Jenkins, R., Ranson, M., & Walsh, P. J. (2018). Contamination and incomplete information: Bounding implicit
prices using high-profile leaks. Journal of environmental economics and management, 88,259-282.
https://d0i.0rg/l 0.1.01.6/j .ieeiii.2017.1.2.003.
551
-------
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's ambitious 11,200 annual target
for the number of LUST sites that meet risk-based standards for human exposure and groundwater
migration has proven especially challenging. EPA has intensively engaged state partners to
identify long-term strategies to meet the long-term performance goal of completing 56,000
additional LUST cleanups between FY 2018-2022. In FY 2019, LUST cleanups increased to 8,358
representing the first annual increase in such cleanups since FY 2013.
EPA will continue to collect and analyze information about the initiation and cleanup of UST
releases. This information will chart progress toward achieving its annual performance goal of
completing 11,200 cleanups in FY 2021 and inform EPA's work with its state partners to increase
the number of cleanups completed. As part of that effort, EPA and individual states may initiate
Kaizen process improvement events if EPA and the state determine the Kaizen event will help
streamline a state's process.
In FY 2021, EPA will:
• Collaborate with states to develop and implement flexible, state-driven strategies to reduce
the number of remaining LUST sites that have not reached cleanup completion. Through
the cooperative efforts between EPA and states, the backlog was reduced by approximately
44 percent between the end of 2008 and the end of 2019 (from 102,798 to 57,308). As of
September 2019, 57,308 releases remain that have not reached cleanup completion.13
• Provide resources to states to perform core cleanup work. Some states also may be able to
pursue other means to maximize the effectiveness or efficiency in protectively completing
cleanups and reducing their backlogs.
• Leverage funding by developing best practices and supporting management, guidance, and
enforcement activities through LUST Cleanup Cooperative Agreements. LUST Cleanup
Cooperative Agreements help achieve more than 8,000 cleanups annually, whereas, if EPA
were to apply the funding directly, only about 390 cleanups would occur annually
(assuming an average cleanup cost of $141,000 per site).14
• Provide resources and support to states to quickly address emergency responses from
releases to the environment. Emergency response incidents across the country show that
reporting, initial abatement measures, and free product removal activities need to be
implemented immediately upon discovery of a release to protect human health and the
environment.15
13 Please see EPA website: http://www.epa.gov/ust/ust-performance-measures.
14 Average cleanup cost per site based on ASTSWMO's 2018 Annual State Fund Survey Results at: littp://astswirio.org/state-
fund-survey-results-201.8/.
15 For more information, please see: http://astswmo.org/compendium-of-emergencv-response-actions-at-underground-storage-
tank-sites-version-2/.
552
-------
The Energy Policy Act (EPAct) of 2005 requires that states receiving LUST Cooperative
Agreements funding meet certain release prevention requirements, such as inspecting every
facility at least once every three years. In FY 2021, EPA will continue to factor state compliance
with EPAct requirements into LUST Cleanup Cooperative Agreement decisions.
Performance Measure Targets:
(PM 112) Number of LUST cleanups completed that meet risk-based standards for human exposure and
groundwater migration.
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Target
9,000
8,600
8,600
8,600
11,200
11,200
11,200
11,200
Cleanups
Actual
10,393
9,869
8,977
8,775
8,128
8,358
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (-$16,200.0) This program change reflects a focus on cleaning up the highest priority sites.
Statutory Authority:
Resource Conservation and Recovery Act § 9003(h)(7).
553
-------
Research: Sustainable Communities
554
-------
Research: Sustainable and Healthy Communities
Program Area: Research: Sustainable Communities
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
Science & Technology
$135,083.1
$132,477.0
$58,597.0
-$73,880.0
1.caking I ntlcrgronntl Storage Tanks
S130.5
S J 20.0
S.W-f.O
-S If 1.0
Inland Oil Spill Programs
$599.6
$664.0
$522.0
-$142.0
Hazardous Substance Superfiind
$11,004.7
$16,463.0
$11,448.0
-$5,015.0
Total Budget Authority
$146,817.9
$149,924.0
$70,871.0
-$79,053.0
Total Workyears
411.9
421.8
294.6
-127.2
Program Project Description:
EPA's Sustainable and Healthy Communities (SHC) Research Program under the Leaking
Underground Storage Tanks (LUST) appropriation provides federal, regional, and community
decision-makers with tools, methods, and information to prevent leaking underground storage
tanks and mitigate release at LUST sites. Specifically, this research provides information and
tools designed to enable decision-makers to better:
• Assess sites and evaluate the implications of alternative remediation techniques, policies,
and management actions to assess and cleanup leaks at fueling stations.
• Identify the environmental impacts and unintended consequences of existing and new
biofuels available in the marketplace.
• Protect America's land, groundwater resources, and drinking water supplies that could be
impacted by the Nation's more than 550 thousand underground fuel storage tanks.16
The SHC Research Program is one of six integrated and transdisciplinary research programs in
the Research and Development Program. Each of the six integrated and transdisciplinary research
programs is guided by a Strategic Research Action Plan (StRAP) that reflects the research needs
of agency program and regional offices, states, and tribes, and is implemented with their active
collaboration and involvement. As part of the FY 2021 Budget, the new SHC FY 2019-2022
StRAP builds upon prior SHC StRAPs and continues a practice of conducting innovative
scientific research aimed at solving the problems encountered by Agency partners and
stakeholders.
Recent Accomplishments of the SHC Research Program include:
• Using GIS to Address Vulnerability of Underground Storage Tanks (USTs) to
Flooding: Fueling stations are critical in disaster response and are potential sites of fuel
16 For more information, please see: https://www.epa.gov/ast.
555
-------
releases in flooding events. In Hurricane Harvey, for example, approximately 1,200
Underground Storage Tanks (USTs) containing up to 15.4 million gallons of fuel were
inundated. Across the Nation, there are approximately 33,000 USTs within the Federal
Emergency Management Agency's (FEMA) estimated 100-year floodplains. This research
is focused on systematically assessing storm and flood risk at UST sites to help EPA's
Land and Emergency Management Program identify protection strategies to "harden"
facilities against damage at each location, ensuring readiness and preventing releases. This
research was presented to the Association of State and Territorial Waste Management
Officials in May 2019.
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. Specifically, this work will aim to characterize sites and
contaminants released from LUSTs identified under the LUST Trust Fund with an emphasis on
assisting the Agency and states in addressing the backlog of sites for remediation. Also, this
research will help communities remediate contaminated sites at an accelerated pace and lower
costs, while reducing human health and ecological impacts. Resulting methodologies and tools
will help localities and states return properties to productive use, thus supporting the Agency's
mission of protecting human health and the environment in the context of communities. Such
work is integral to achieving EPA's priority of revitalizing land and preventing contamination.
In FY 2021, EPA research under SHC will develop models, metrics, and spatial tools for EPA
regions and states to evaluate the vulnerability of groundwater to LUSTs and the subsequent
human health risks that follow contamination. New data collection methods will be used to
identify groundwater wells nationally, which then will be used to develop a groundwater
vulnerability model at local, state, and national scales. SHC also will assist EPA's Underground
Storage Tanks Program, other programs, and states by updating technical guidance manuals and
evaluations of risk to underground storage tank system components from new fuel formulations.
Research Planning:
EPA's Board of Scientific Counselors (BOSC) is a federal advisory committee that provides
advice and recommendations to EPA on technical and management issues of its research programs.
The SHC Research Program will continue to meet regularly over the next several years with the
BOSC SHC subcommittee to seek input on topics related to research program design, science
quality, innovation, relevance, and impact.
The Agency assesses its research performance through the distribution of research evaluation
surveys to key users of its research products. This provides evidence for how research products
are being used, by whom, and the degree of satisfaction product users have with research product
quality, usability, and timeliness of delivery. Through the evaluation process, the Agency identifies
its strengths and finds targeted areas for improvement to its research programs.
556
-------
EPA's state engagement17 is designed to inform states about their role within EPA and EPA's
research programs, and to better understand the science needs of state environmental agencies.
Key partners at the state level include: the Environmental Council of the States, with its
Environmental Research Institute of the States and Interstate Technology and Regulatory Council;
the Association of State and Territorial Health Officials; as well as state media associations, such
as the Association of State and Territorial Solid Waste Management Officials.
Performance Measure Targets:
Work under this program supports performance results in the Research: Sustainable and Healthy
Communities Program under the S&T appropriation.
FY 2021 Change from Estimated FY 2020 Enacted Budget (Dollars in Thousands):
• (+$176.0) This change is an increase due to the recalculation of base payroll costs.
• (-$192.0) This program change streamlines research to characterize and remediate
contaminated leaking UST sites.
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); Subtitle I of the Solid Waste Disposal Act.
17 For more information on EPA's engagement with states, please see: https://www.epa.gov/research/epa-research-solutions-
states.
557
-------
558
------- |