United States
Environmental Protection Agency
FISCAL YEAR 2022
Justification of Appropriation
Estimates for the Committee
on Appropriations
Tab 09: Inland Oil Spill Programs
May 2021
EPA-190-R-21-002	www.epa.gov/cj

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Environmental Protection Agency
FY 2022 Annual Performance Plan and Congressional Justification
Table of Contents - Inland Oil Spill Programs	
Program Projects in Inland Oil Spill Programs	589
Compliance	590
Compliance Monitoring	591
Oil	593
Oil Spill: Prevention, Preparedness and
Response	594
Enforcement	596
Civil Enforcement	597
Operations and Administration	599
Facilities Infrastructure and Operations	600
Research: Sustainable Communities	602
Research: Sustainable and Healthy Communities	603
587

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588

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Environmental Protection Agency
FY 2022 Annual Performance Plan and Congressional Justification
APPROPRIATION: Inland Oil Spill Programs
Resource Summary Table

(Dollars in Thousands)




FY 2022 Pres

FY 2020
FY 2021
FY 2022
Budget v.

Actuals
Enacted
Pres Budget
FY 2021 Enacted
Inland Oil Spill Programs




Budget Authority
$19,058.8
$20,098.0
$22,409.0
$2,311.0
Total Workyears
77.3
84.8
84.8
0.0
Bill Language: Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection Agency's responsibilities under
the Oil Pollution Act of1990, including hire, maintenance, and operation of aircraft, $22,409,000,
to be derivedfrom the Oil Spill Liability trust fund, to remain available until expended.
Program Projects in Inland Oil Spill Programs

(Dollars in Thousands)
Program Project
FY 2020
Actuals
FY 2021
Enacted
FY 2022 Pres
Budget
FY 2022 Pres
Budget v.
FY 2021 Enacted
Compliance




Compliance Monitoring
$181.4
$139.0
$2,142.0
$2,003.0
Enforcement




Civil Enforcement
$2,237.2
$2,413.0
$2,462.0
$49.0
Oil




Oil Spill: Prevention, Preparedness and Response
$15,571.8
$16,200.0
$16,454.0
$254.0
Operations and Administration




Facilities Infrastructure and Operations
$640.2
$682.0
$683.0
$1.0
Research: Sustainable Communities




Research: Sustainable and Healthy Communities
$428.2
$664.0
$668.0
$4.0
TOTAL Inland Oil Spill Programs
$19,058.8
$20,098.0
$22,409.0
$2,311.0
589

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Compliance
590

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Compliance Monitoring
Program Area: Compliance

(Dollars in Thousands)

FY 2020
Actuals
FY 2021
Enacted
FY 2022 Pres
Budget
FY 2022 Pres
Budget v.
FY 2021 Enacted
Environmental Programs & Management
$98,418.4
$102,500.0
$132,350.0
$29,850.0
Inlunil Oil Spill Programs
SI.SI.-I
S I.W.U
S 2.1-12.1)
.S 2,003.0
Hazardous Substance Superfund
$1,054.3
$1,000.0
$1,006.0
$6.0
Total Budget Authority
$99,654.1
$103,639.0
$135,498.0
$31,859.0
Total Workyears
433.6
453.9
459.9
6.0
Program Project Description:
The Compliance Monitoring Program is a component of EPA's Enforcement and Compliance
Assurance Program that allows the Agency to detect noncompliance and promotes compliance
with the Nation's environmental laws. Under this program, EPA integrates the data from the
Facility Response Plans (FRP) and Spill Prevention, Control, and Countermeasure (SPCC) systems
into EPA's Integrated Compliance Information System (ICIS). Data related to compliance with
FRP and SPCC requirements is made available to the public through EPA's Enforcement and
Compliance History Online (ECHO) website.
FY 2022 Activities and Performance Plan:
In FY 2022, EPA requests resources to continue to accelerate its efforts to modernize ICIS and
support better integration with ECHO. As a result of this data integration, EPA will be in a better
position to focus compliance monitoring resources on areas of highest risk and to increase
transparency to the public. It also will provide a more complete set of information for this program
and improve data quality. Resources will be used to complete scoping on the business requirements
and possible technological approaches and to continue development of new software. EPA also
will make adjustments to ICIS and ECHO which will facilitate better access of compliance
data and community information (e.g., from EPA's EJSCREEN tool) to EPA and states and to the
public. This will enhance EPA's efforts to integrate environmental justice (EJ) considerations in
its work and address compliance concerns in disadvantaged communities.
Performance Measure Targets:
EPA's FY 2022 Annual Performance Plan does not include annual performance goals specific to
this program.
591

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FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands):
•	(+$2.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
•	(+$2,001.0) This program change increase will allow EPA to accelerate its efforts to
modernize the Integrated Compliance Information System, support better integration with
the Enforcement and Compliance History Online website, and enhance efforts to address
oil spill compliance concerns in disadvantaged and other environmental justice
communities.
Statutory Authority:
Oil Pollution Act; Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-
80, 97 Stat. 485 (codified at Title 5, App.) (EPA's organic statute).
592

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Oil
593

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Oil Spill: Prevention, Preparedness and Response
Program Area: Oil

(Dollars in Thousands)

FY 2020
Actuals
FY 2021
Enacted
FY 2022 Pres
Budget
FY 2022 Pres
Budget v.
FY 2021 Enacted
Inlunil Oil Spill Programs
SI5.5~l.ii
SI 6.200.0
SI (,.454.0
S 254.0
Total Budget Authority
$15,571.8
$16,200.0
$16,454.0
$254.0
Total Workyears
65.2
70.6
70.6
0.0
Program Project Description:
The Oil Spill Prevention, Preparedness and Response Program protects the American people by
preventing, preparing for, responding to, and monitoring inland oil spills. EPA is the lead federal
responder for inland oil spills, including transportation-related spills from pipelines, trucks,
railcars, and other transportation systems. In addition, the Program may provide technical
assistance, assets, and outreach to industry, states, and local communities as part of the Agency's
effort to ensure national safety and security for chemical and oil incidents.1
There are approximately 550,000 Spill Prevention, Control, and Countermeasure (SPCC)
facilities, including a subset of 3,840 Facility Response Plan (FRP) facilities identified as high risk
due to their size and location. The Oil Pollution Act requires certain facilities that store and use oil
to prepare response plans that are reviewed by EPA to ensure availability of response resources in
the event of a discharge.
To minimize the potential impacts to human health and the environment, the Agency will target
inspection at facilities that pose the highest risk. Inspections are essential to ensuring that facility
staff is knowledgeable about prevention and response plans, and quickly able to put these plans
into action. The Agency currently inspects approximately 0.12 percent of SPCC facilities per year.
In FY 2020, EPA found 86 percent of SPCC facilities to be out of compliance at the time of the
inspection.2 In FY 2020, EPA initiated off-site compliance monitoring activities for SPCC and
FRP facilities to further expand the compliance evaluation tools available to inspectors during the
COVID-19 pandemic.3
As the lead federal response agency for oil spills occurring in inland waters, EPA receives all spill
notifications at the National Response Center and retains the responsibility to ensure that all inland
oil spills are responded to within 12 hours. EPA works closely with state and local first responders
on smaller spills and leads the response on larger spills. EPA accesses the Oil Spill Liability Trust
Fund, administered by the U.S. Coast Guard, to obtain reimbursement funds for site specific oil
spill response activities. During FY 2020, EPA responded to approximately 42 oil spills across the
Nation.
1	For additional information, please refer to: https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations.
2	Information from EPA's Oil database.
3	For additional information, please refer to: https://www.epa.gov/sites/production/files/2020-
07/documents/inspectioncommittments O.pdf.
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FY 2022 Activities and Performance Plan:
In FY 2022, the Oil Spill Prevention, Preparedness and Response Program will:
•	Inspect oil facilities to ensure compliance with preventive measures. Inspections involve
reviewing the facility's prevention, preparedness, and response plans and discussing key
aspects of these plans with facility staff. EPA also will conduct unannounced exercises at
FRP facilities to test the facility owner's ability to put preparedness and response plans into
action. Finally, EPA will conduct off-site compliance monitoring activities for oil facilities
to allow inspectors to make compliance determinations from remote locations as another
tool to promote regulatory compliance. EPA will focus inspections at high risk FRP
facilities and consider expanding inspection targeting options to promote regulatory
compliance in environmental justice (EJ) communities.
•	Maintain the National Contingency Plan's Subpart J product schedule, which identifies a
list of products that may be used to clean oil spills.
•	Maintain the National Oil Database, which compiles data for the Program. The database
manages information obtained from new and historical inspections and has streamlined the
process for assisting facilities with compliance and equipping inspectors with more
efficient inspection processes.
•	Deliver required annual oil spill inspector training to federal and state inspectors.
Performance Measure Targets:
EPA's FY 2022 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands):
•	(+$134.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
•	(+$120.0) This program change increases support for the prevention and response to oil
spills that occur in and around inland waters.
Statutory Authority:
The Clean Water Act Section 311 as amended by the Oil Pollution Act.
595

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Enforcement
596

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Civil Enforcement
Program Area: Enforcement

(Dollars in Thousands)

FY 2020
Actuals
FY 2021
Enacted
FY 2022 Pres
Budget
FY 2022 Pres
Budget v.
FY 2021 Enacted
Environmental Programs & Management
$162,505.0
$168,341.0
$194,623.0
$26,282.0
Leaking Underground Storage Tanks
$657.3
$620.0
$634.0
$14.0
Inlunil Oil Spill Programs
S 2.2 J'.2
.S 2.-113.1)
S 2.-If>2.0
S-IV.O
Total Budget Authority
$165,399.5
$171,374.0
$197,719.0
$26,345.0
Total Workyears
899.6
916.2
965.2
49.0
Program Project Description:
The Civil Enforcement Program's goal is to protect human health and the environment by ensuring
compliance with the Nation's environmental laws. The Civil Enforcement Program collaborates
with the U.S. Department of Justice, states, local, and tribal governments to ensure consistent and
fair enforcement of environmental laws and regulations. The Civil Enforcement Program develops,
litigates, and settles administrative and civil judicial cases against violators of environmental laws.
The Civil Enforcement Program's enforcement of Section 311 of the Clean Water Act, as amended
by the Oil Pollution Act of 1990, is designed to ensure compliance with the prohibition against oil
and hazardous substance spills that violate the statute, as well as the oil spill prevention, response
planning, and other regulatory requirements. The Civil Enforcement Program develops policies,
issues administrative compliance and penalty orders, and refers civil judicial actions to the
Department of Justice to address spills, violations of spill prevention regulations, response
planning regulations and other violations (e.g., improper dispersant use or noncompliance with
orders). The Program also will assist in the recovery of cleanup costs expended by the government
and provides support for field investigations of spills, Facility Response Plan, Spill Prevention,
Control, and Countermeasure and other requirements.
FY 2022 Activities and Performance Plan:
Work in this program directly supports the Administration's priorities. In FY 2022, EPA also will
continue to streamline the Civil Enforcement Program, prioritize resources to achieve regulatory
compliance, and address oil or hazardous substance spills in violation of the statute and deter future
spills. Civil Enforcement efforts will focus on facilities where enforcement will promote
deterrence, integrate environmental justice considerations in our work to protect communities that
have borne a disproportionate burden of pollution, and ensure that spills are prevented, cleaned up,
and, where appropriate, mitigated. The Civil Enforcement Program also will continue to coordinate
with the Criminal Enforcement Program, as appropriate.
597

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Performance Measure Targets:
Work under this program supports performance results in the Civil Enforcement Program under
the EPM appropriation.
FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands):
•	(+$34.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
•	(+$15.0) This program change reflects an increase to support the Program's focus on
expanding enforcement of environmental justice related regulations and increased polluter
accountability within environmental justice communities.
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); Clean Water Act; Oil Pollution Act.
598

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Operations and Administration
599

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Facilities Infrastructure and Operations
Program Area: Operations and Administration

(Dollars in Thousands)

FY 2020
Actuals
FY 2021
Enacted
FY 2022 Pres
Budget
FY 2022 Pres
Budget v.
FY 2021 Enacted
Environmental Programs & Management
$285,437.3
$285,441.0
$297,748.0
$12,307.0
Science & Technology
$68,812.7
$67,500.0
$68,533.0
$1,033.0
Building and Facilities
$32,216.3
$27,076.0
$56,076.0
$29,000.0
Leaking Underground Storage Tanks
$1,066.0
$836.0
$837.0
$1.0
Inlunil Oil Spill Programs
S 0-10.2
VxS'J.W
v»,N
S 1.1)
Hazardous Substance Superfund
$82,734.0
$68,727.0
$72,801.0
$4,074.0
Total Budget Authority
$470,906.5
$450,262.0
$496,678.0
$46,416.0
Total Workyears
305.2
315.4
315.4
0.0
Total workyears in FY 2022 include 5.4 FTE to support Facilities, Infrastructure and Operations working capital fund (WCF)
services.
Program Project Description:
EPA's Facilities Infrastructure and Operations Program in the Inland Oil Spill Programs
appropriation supports the Agency's rent, transit subsidy, and facility operations. Funding is
allocated for such services among the major appropriations for the Agency.
FY 2022 Activities and Performance Plan:
In support of Executive Order 14008, Tackling the Climate Crisis at Home and Abroad* EPA will
work to secure physical and operational resiliency for agency facilities. The Agency will continue
to take aggressive action to reconfigure EPA's workplaces with the goal of reducing long-term
rent costs while increasing EPA facility resiliency and sustainability to combat the effects of
climate change and ensure a space footprint that accommodates a growing workforce. 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 2022, EPA is requesting
$508 thousand for rent in the Inland Oil Spill Programs 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 2022 Annual Performance Plan does not include annual performance goals specific to
this program.
4 For additional information, please refer to: https://www.federalregister.gov/documents/2021/02/01/2021-Q2177/tackling-the-
climate-crisis-at-home-and-abroad.
600

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FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands):
• (+$1.0) This net change includes a slight program increase offset by a reduction due to the
recalculation of rent, utilities, and security.
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).
601

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Research: Sustainable Communities
602

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Research: Sustainable and Healthy Communities
Program Area: Research: Sustainable Communities

(Dollars in Thousands)

FY 2020
Actuals
FY 2021
Enacted
FY 2022 Pres
Budget
FY 2022 Pres
Budget v.
FY 2021 Enacted
Science & Technology
$143,191.3
$133,000.0
$137,412.0
$4,412.0
Leaking Underground Storage Tanks
$520.6
$320.0
$327.0
$7.0
Inlunil Oil Spill Programs
S-I2S.2
SM>4.0
SMiS.O
S 4.0
Hazardous Substance Superfund
$15,501.1
$16,463.0
$16,634.0
$171.0
Total Budget Authority
$159,641.2
$150,447.0
$155,041.0
$4,594.0
Total Workyears
417.3
421.8
441.8
20.0
Program Project Description:
EPA is the lead federal on-scene coordinator for inland oil spills and provides technical assistance,
when needed, for coastal spills.5 EPA is responsible for oil spill preparedness, response, and
associated research, as well as having the lead role in developing protocols for testing spill
response products and agents, which is planned with the assistance of partner agencies.6
The Sustainable and Healthy Communities (SHC) Research Program is one of six integrated and
transdisciplinary research programs in the Research and Development Program. Each of the six
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. SHC's 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 the Agency and its stakeholders.
The SHC Research Program for inland oil spills, funded through the Oil Spill Liability Trust
Fund,7 provides federal, state, tribal, and community decision-makers with analysis and tools to
protect human and ecosystem health from the negative impacts of oil spills. EPA assists
communities, including economically, socially, and environmentally disadvantaged or
impacted communities, by supporting local officials in their response to a spill. As a result of
EPA's research, responders can make more informed decisions on approaches and methods to
reduce the spread and impact of coastal and inland oil spills, including pipeline and railway
spills. Additionally, EPA's remediation expertise is critical in addressing potential impacts to
communities and their environmental resources associated with pipeline and railway oil spills.
In support of these response efforts, EPA conducts research related to the Agency's National
Contingency Plan (NCP) Product Schedule.8 The NCP is used nationwide by emergency
5	For more information, please see: https://www.epa.gov/emergencv-response/epas-scene-coordinators-oscs.
6	United States Coast Guard, United States Department of the Interior, United States Department of Transportation, and United
States Department of Commerce.
7	For more information, please see: https://www.uscg.mil/Mariners/National-Pollution-Funds-Center/About NPFC/OSLTF/.
8	For more information, please see: http://www2.epa.gov/emergencv-response/national-contingencv-plan-subpart-i.
603

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responders and federal agencies in responding to oil spills. EPA's role is to develop and evaluate
response approaches involving bioremediation, dispersants, and other additives. EPA also
assesses impacts to surface water and groundwater, especially if they affect drinking water
supplies. The Agency relies on this research to provide testing procedures that inform cleanup
decisions during an emergency spill response.
Recent Accomplishments of the SHC Research Program include:
•	Toxicity of sediment oiled with diluted bitumens to freshwater and estuarine species:
When oil is spilled into an aquatic environment such as lakes, rivers, and oceans, it can
harm organisms that live in and near the water environment due to the toxic properties of
oil and, potentially, the chemicals used to treat spills. For safe response to oil spills, it is
important to understand the toxicity of heavy diluted bitumen (dilbit) oil. Dilbits are
increasingly transported within North America and spills have occurred in freshwater and
marine environments, with the 2010 Kalamazoo River Michigan being the largest
freshwater spill of any oil type and one of the costliest in U.S. history. EPA expanded the
knowledge on toxicity of diluted bitumen to aquatic species; this work was published in
December 2020.9 New knowledge from this research helps for understanding broader
ecological/environmental impacts of spilled oil in inland and coastal waters.
FY 2022 Activities and Performance Plan:
FY 2022 research will focus on conducting research to support regulatory activities and protocol
development for EPA's programs and in support of state-delegated programs. This Program will
provide on-demand technical support at federal, tribal, or state-managed cleanup sites, as well as
assistance during emergencies. The SHC Research Program will continue to conduct health,
environmental engineering, and ecological research, and prepare planning and analysis tools for
localities nationwide to use in facilitating regulatory compliance and improving environmental and
health outcomes.
Specific activities in FY 2022 include:
•	Evaluate the toxicity of high-latitude crude oil treated with dispersants, surface
washing agents and chemical herding agents on the NCP Product Schedule. New
knowledge from this research helps the oil spill response by providing more reliable
standardized toxicity testing results for oil and spill response agents in an aquatic
environment.
•	Conduct research to better understand oil behavior and dispersion under a variety of
environmental conditions. This study aims to close information gaps pertaining to oil
dispersion effectiveness with chemical dispersants on the NCP Product Schedule. It
will provide valuable information on effectiveness of products in water with varying
mixing energy, dosing, salinity, and temperature.
9 For more information, please see: Toxicity of sediment oiled with diluted bitumens to freshwater and estuarine amphipods.
https://doi.org/l 0.1016/i .marpolbul.2020.111941.
604

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•	Conduct research of the aerobic biodegradation of petroleum oils treated with chemical
herders and Surface Washing Agents (SWAs). This research is critical because (1)
chemical herders are agents that remain in the environment after application and (2)
SWAs are the most commonly used agents on the NCP Product Schedule. Thus,
understanding the long-term fate of these agents is essential.
Research Planning:
EPA's Board of Scientific Counselors (BOSC) is a federal advisory committee that provides
advice and recommendations to EPA's Research and Development Program on technical and
management issues of its research programs. The SHC Research Program and the SHC
Subcommittee of the BOSC will continue to meet regularly over the next several years to seek
input on topics related to research program design, science quality, innovation, relevance, and
impact.
The Agency assesses the impact of its research through a survey tool and discussion with key
users. Metrics center around quality, usability and timeliness of particular research products. This
provides evidence for how research products are being used and by whom. Through the evaluation
process, the Agency is able to identify targeted areas for improvement. The most recent survey
results for FY 2020 research products indicated more than 80 percent met partner needs. EPA is
working to improve partner engagement by developing a partner dashboard.
EPA's state engagement10 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 and health
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;
and the Association of State and Territorial Health 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 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands):
•	(+$2.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
•	(+$2.0) This program change is an increase to the Sustainable and Healthy Communities
Oil Spills research program, focusing on adding to research capacity to support regulatory
activities and protocol development for EPA's programs and in support of state-delegated
programs.
10 For more information on EPA's engagement with sates, please see: https://www.epa.gov/research/epa-research-solutions-
states.
605

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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 as Title 5 App.) (EPA's organic statute); Oil Pollution Act.
606

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