United States Environmental Protection Agency FISCAL YEAR 2022 Justification of Appropriation Estimates for the Committee on Appropriations Tab 10: State and Tribal Assistance Grants May 2021 EPA-190-R-21-002 www.epa.gov/cj ------- Environmental Protection Agency FY 2022 Annual Performance Plan and Congressional Justification Table of Contents - State and Tribal Assistance Grants Program Projects in STAG 613 Categorical Grants 615 Categorical Grant: Beaches Protection 616 Categorical Grant: Brownfields 618 Categorical Grant: Environmental Information 620 Categorical Grant: Hazardous Waste Financial Assistance 623 Categorical Grant: Lead 626 Categorical Grant: Multipurpose Grants 629 Categorical Grant: Nonpoint Source (Sec. 319) 630 Categorical Grant: Pesticides Enforcement 633 Categorical Grant: Pesticides Program Implementation 635 Categorical Grant: Pollution Control (Sec. 106) 638 Categorical Grant: Pollution Prevention 642 Categorical Grant: Public Water System Supervision (PWSS) 645 Categorical Grant: Radon 648 Categorical Grant: State and Local Air Quality Management 650 Categorical Grant: Toxics Substances Compliance 654 Categorical Grant: Tribal Air Quality Management 656 Categorical Grant: Tribal General Assistance Program 659 Categorical Grant: Underground Injection Control (UIC) 661 Categorical Grant: Underground Storage Tanks 663 Categorical Grant: Wetlands Program Development 665 State and Tribal Assistance Grants (STAG) 667 Diesel Emissions Reduction Grant Program 668 Brownfields Projects 671 Infrastructure Assistance: Alaska Native Villages 674 Infrastructure Assistance: Clean Water SRF 676 Infrastructure Assistance: Drinking Water SRF 680 Gold King Mine Water Monitoring 685 Infrastructure Assistance: Mexico Border 686 607 ------- Targeted Airshed Grants 689 Safe Water for Small & Disadvantaged Communities 691 Reducing Lead in Drinking Water 693 Lead Testing in Schools 695 Drinking Water Infrastructure Resilience and Sustainability 697 Technical Assistance for Treatment Works 699 Sewer Overflow Control Grants 701 Water Infrastructure and Workforce Investment 703 608 ------- Environmental Protection Agency FY 2022 Annual Performance Plan and Congressional Justification APPROPRIATION: State and Tribal Assistance Grants Resource Summary Table (Dollars in Thousands) FY 2022 Pres FY 2020 FY 2021 FY 2022 Budget v. Actuals Enacted Pres Budget FY 2021 Enacted State and Tribal Assistance Grants Budget Authority $4,446,153.1 $4,313,901.0 $5,130,007.0 $816,106.0 Total Workyears 10.2 7.0 7.0 0.0 Bill Language: State and Tribal Assistance Grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,228,614,000, to remain available until expended, of which (1) $1,870,680,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $1,357,934,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That for fiscal year 2022, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans, not less than 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Providedfurther, That the Administrator is authorized to use any remaining funds made available under section 608(f) of title VI of the Federal Water Pollution Control Act (33 U.S.C. 1388), after necessary funds are used to carry out the management and oversight of section 608, up to $1,500,000for conducting the Clean Watersheds Needs Survey: Providedfurther, That for fiscal year 2022, funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2022 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accountedfor separately from other assets in the fund, and used for eligible purposes of the fund, including administration: 609 ------- Providedfurther, That for fiscal year 2022, notwithstanding the provisions of subsections (g)(1), (h), and (I) of section 201 of the Federal Water Pollution Control Act, grants made under title II of such Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, the United States Virgin Islands, and the District of Columbia may also be made for the purpose of providing assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2022, notwithstanding the provisions of such subsections (g)(1), (h), and (I) of section 201 and section 518(c) of the Federal Water Pollution Control Act, funds reserved by the Administrator for grants under section 518(c) of the Federal Water Pollution Control Act may also be used to provide assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2022, notwithstanding any provision of the Federal Water Pollution Control Act and regulations issued pursuant thereof, up to a total of $2,000,000 of the funds re- served by the Administrator for grants under section 518(c) of such Act may also be used for grants for training, technical assistance, and educational programs relating to the operation and management of the treatment works specified in section 518(c) of such Act: Providedfurther, That for fiscal year 2022, funds reserved under section 518(c) of such Act shall be available for grants only to Indian tribes, as defined in section 518(h) of such Act and former Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native Villages as defined in Public Law 92-203: Providedfurther, That for fiscal year 2022, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act, up to a total of 2 percent of the funds appropriated, or $30,000,000, whichever is greater, and notwithstanding the limitation on amounts in section 1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is greater, for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further, That for fiscal year 2022, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: Providedfurther, That for fiscal year 2022, notwithstanding the limitations on amounts specified in section (1) 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may 610 ------- be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further, That 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and 14 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness ofprincipal, negative interest loans, or grants (or any combination of these), and shall be so used by the State only where such funds are provided as initial financing for an eligible recipient or to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this Act, or where such debt was incurred prior to the date of enactment of this Act if the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat to public health from heightened exposure to lead in drinking water or if a Federal or State emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the date of enactment of this Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more than 14 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients: Providedfurther, That notwithstanding section 1452(o) of the Safe Drinking Water Act (42 U.S.C. 300j-12(o)), for fiscal years 2022-2026, the Administrator shall reserve $12,000,000 of amounts made available for making capitalization grants for the Drinking Water State Revolving Funds to pay the costs of monitoring for unregulated contaminants under section 1445(a)(2)(C) of such Act; (2) $30,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission: Provided, That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure; (3) $36,186,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided, That of these funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be usedfor administrative and overhead expenses; and (C) the State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 611 ------- seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; (4) $130,982,000 shall be to carry out section 104(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs; (5) $150,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of2005; (6) $59,000,000 shall be for targeted airshed grants in accordance with the terms and conditions in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); (7) $4,000,000 shall be to carry out the water quality program authorized in section 5004(d) of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322); (8) $41,413,000 shall be for grants under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a); (9) $36,500,000 shall be for grants under section 1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j-24(d)); (10) $81,515,000 shall be for grants under section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b); (11) $9,000,000 shall be for grants under section 1459A(l) of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l)); (12) $18,000,000 shall be for grants under section 104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)(8)); (13) $60,000,000 shall be for grants under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301); (14) $3,000,000 shall be for grants under section 4304(b) of the America's Water Infrastructure Act of 2018 (Public Law 115-270); and (15) $1,231,797,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement, and related activities, including activities pursuant to the provisions setforth under this heading in Public Law 104-134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, and under section 2301 of the Water and Waste Act of 2016 to assist States in developing and implementing programs for control of coal combustion residuals, of which: $46,195,000 shall be for carrying out section 128 of CERCLA; $9,523,000 shall be for 612 ------- Environmental Information Exchange Network grants, including associated program support costs; $1,505,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, which shall be in addition to funds appropriated under the heading "Leaking Underground Storage Tank Trust Fund Program " to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act; $18,282,000 of the funds available for grants under section 106 of the Federal Water Pollution Control Act shall be for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring programs; $10,200,000 shall be for multipurpose grants, including interagency agreements, in accordance with the terms and conditions described in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). (16) $10,000,000 shall be for carrying out section 302(a) of the Save Our Seas 2.0 Act, including up to 2 percent of this amount for the Environmental Protection Agency's administrative costs; Provided, That grants made pursuant to such authority may also be used for the construction, maintenance, and operation of post- consumer materials management or recycling facilities; Provided further, That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 C.F.R. 35.504(a), to former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaskan Native Villages as defined in Public Law 92-203. Program Projects in STAG [Dollars in Thousands) Program Pro ject FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted State and Tribal Assistance Grants (STAG) Infrastructure Assistance: Alaska Native Villages $29,186.0 $36,186.0 $36,186.0 $0.0 Brownfields Projects $94,203.0 $90,982.0 $130,982.0 $40,000.0 Infrastructure Assistance: Clean Water SRF $1,632,518.2 $1,638,826.0 $1,870,680.0 $231,854.0 Infrastructure Assistance: Drinking Water SRF $1,320,783.1 $1,126,088.0 $1,357,934.0 $231,846.0 Infrastructure Assistance: Mexico Border $26,854.8 $30,000.0 $30,000.0 $0.0 Diesel Emissions Reduction Grant Program $99,130.1 $90,000.0 $150,000.0 $60,000.0 Targeted Airshed Grants $61,066.4 $59,000.0 $59,000.0 $0.0 Gold King Mine Water Monitoring $3,280.3 $4,000.0 $4,000.0 $0.0 Safe Water for Small & Disadvantaged Communities $14,182.4 $26,408.0 $41,413.0 $15,005.0 Reducing Lead in Drinking Water $3,342.0 $21,511.0 $81,515.0 $60,004.0 Lead Testing in Schools $52,196.5 $26,500.0 $36,500.0 $10,000.0 Drinking Water Infrastructure Resilience and Sustainability $0.0 $4,000.0 $9,000.0 $5,000.0 Technical Assistance for Treatment Works $0.0 $18,000.0 $18,000.0 $0.0 Sewer Overflow Control Grants $59.2 $40,000.0 $60,000.0 $20,000.0 613 ------- Program Pro ject FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted Water Infrastructure and Workforce Investment $0.0 $3,000.0 $3,000.0 $0.0 Subtotal, State and Tribal Assistance Grants (STAG) $3,336,802.0 $3,214,501.0 $3,888,210.0 $673,709.0 Categorical Grants Categorical Grant: Nonpoint Source (Sec. 319) $171,125.7 $177,000.0 $180,000.0 $3,000.0 Categorical Grant: Public Water System Supervision (PWSS) $109,075.2 $112,000.0 $122,000.0 $10,000.0 Categorical Grant: State and Local Air Quality Management $222,318.8 $229,500.0 $321,500.0 $92,000.0 Categorical Grant: Radon $7,646.0 $7,795.0 $8,951.0 $1,156.0 Categorical Grant: Pollution Control (Sec. 106) Monitoring Grants $18,586.9 $17,267.0 $17,267.0 $0.0 Categorical Grant: Pollution Control (Sec. 106) (other activities) $215,906.4 $212,733.0 $217,333.0 $4,600.0 Subtotal, Categorical Grant: Pollution Control (Sec. 106) $234,493.3 $230,000.0 $234,600.0 $4,600.0 Categorical Grant: Wetlands Program Development $12,922.7 $14,192.0 $14,476.0 $284.0 Categorical Grant: Underground Injection Control (UIC) $10,379.5 $11,164.0 $11,387.0 $223.0 Categorical Grant: Pesticides Program Implementation $12,642.7 $12,294.0 $12,540.0 $246.0 Categorical Grant: Lead $14,362.1 $14,275.0 $14,561.0 $286.0 Categorical Grant: Hazardous Waste Financial Assistance $107,033.6 $101,500.0 $111,500.0 $10,000.0 Categorical Grant: Pesticides Enforcement $23,799.4 $24,000.0 $24,480.0 $480.0 Categorical Grant: Pollution Prevention $4,294.8 $4,630.0 $4,723.0 $93.0 Categorical Grant: Toxics Substances Compliance $3,871.9 $4,760.0 $4,855.0 $95.0 Categorical Grant: Tribal General Assistance Program $67,289.5 $66,250.0 $77,575.0 $11,325.0 Categorical Grant: Underground Storage Tanks $1,468.5 $1,475.0 $1,505.0 $30.0 Categorical Grant: Tribal Air Quality Management $13,990.9 $13,415.0 $21,415.0 $8,000.0 Categorical Grant: Environmental Information $8,557.1 $9,336.0 $9,523.0 $187.0 Categorical Grant: Beaches Protection $8,388.7 $9,619.0 $9,811.0 $192.0 Categorical Grant: Brownfields $47,311.9 $46,195.0 $46,195.0 $0.0 Categorical Grant: Multipurpose Grants $27,033.1 $10,000.0 $10,200.0 $200.0 Subtotal, Categorical Grants $1,108,005.4 $1,099,400.0 $1,241,797.0 $142,397.0 Congressional Priorities Congressionally Mandated Projects $1,345.7 $0.0 $0.0 $0.0 TOTAL STAG $4,446,153.1 $4,313,901.0 $5,130,007.0 $816,106.0 614 ------- Categorical Grants 615 ------- Categorical Grant: Beaches Protection Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants StiJNfi. - sv.fi/v.n S'),HI I.I) SIV 2. II Total Budget Authority $8,388.7 $9,619.0 $9,811.0 $192.0 Program Project Description: EPA's Beach Grant Program awards grants to eligible coastal and Great Lakes states, territories, and tribes to improve water quality monitoring at beaches and to notify the public of beach advisories and closings. The Beach Grant Program is a collaborative effort between EPA, states, territories, local governments, and tribes to help ensure that coastal and Great Lakes recreational waters are safe for swimming. Congress created the program with the passage of the Beaches Environmental Assessment and Coastal Health Act (BEACH Act) in October 2000 with the goal of reducing risk to the public of waterborne disease related to the use of recreational water. EPA awards grants to eligible states, territories, and tribes using an allocation formula developed in consultation with states and other organizations. The allocation takes into consideration beach season length, beach miles, and beach use.1 FY 2022 Activities and Performance Plan: Eligible states, territories, tribes, and localities will receive grant funding to: Administer the grant program; Implement monitoring and notification programs consistent with EPA guidance; and Submit monitoring and advisory data to EPA for production of an annual report in a timely manner.2 Performance 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): (+$192.0) This program change increases resources to support EPA's state and tribal partners through the Beaches Grants Program. 1 For more information , please see: www.epa.gov/beach-tech/beach-grants . See EPA's Beach Advisory and Closing On-line Notification (BEACON) system rhttps://watersgeo.epa.gov/beacon2/Beacon.html'l for water quality and notification data that grant recipients provide to EPA. 2 For more information, please see: https://www.epa.gov/beach-tech/annual-beach-swimming-season-reports. 616 ------- Statutory Authority: Clean Water Act, BEACH Act of 2000. 617 ------- Categorical Grant: Brownfields Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S-/-JII.V S-IOjVxO s -lo.ivxv S(U) Total Budget Authority $47,311.9 $46,195.0 $46,195.0 $0.0 Program Project Description: EPA's Brownfields Program is a successful model of the Agency working cooperatively with states, tribes, local governments, and other agencies to help communities oversee, plan, assess, and cleanup brownfield properties. State and Tribal Response Programs address contaminated sites that do not require federal action but need assessment and/or cleanup before they can be considered ready for reuse. This program allocates funding to states and tribes to establish core capabilities, enhance their response programs, and conduct site assessments and cleanups. Approximately 143 million people (roughly 44 percent of the U.S. population) live within three miles of a brownfields site that received EPA funding/ Since its inception, the Brownfields Program has fostered a community-driven approach to the reuse of contaminated sites. As of April 2021, the State and Tribal Response Programs have leveraged more than 14,870 jobs and $2.7 billion in other funding. State and Tribal funding spent on site-specific brownfields work has contributed to 2,752 sites assessed, 428 sites cleaned up and 1,399 sites made ready for anticipated reuse (RAU). Sites receiving these funds are 1.5 times more likely to become RAU than sites receiving brownfields competitive grant funding alone. In 2020, EPA provided funding to 171 states, tribes, territories, and the District of Columbia.4 This funding is a critical source for state and tribal partners to establish and grow their Brownfields Programs. Over 100 tribes have received brownfields funding to build their programs, and cumulatively these programs have cleaned up over 2,700 properties and made over 72,000 acres ready for reuse. Addressing brownfields on tribal lands also has leveraged over 960 jobs and $146 million.5 FY 2022 Activities and Performance Plan: In FY 2022, EPA will allocate funding support to approximately 170 state and tribal response programs to oversee the cleanup at approximately 35,000 properties. 3 U.S. EPA, Office of Land and Emergency Management 2020. Data collected includes: (1) Superfund, Brownfield, and RCRA CA site information as of the end of FY2019; (2) UST/LUST information as of late-2018 to mid-2019 depending on the state; and (3) 2015-2018 American Community Survey (ACS) Census data. 4 Data from U.S. EPA Assessment, Cleanup and Redevelopment Exchange System (ACRES). 5 Data from U.S. EPA ACRES. 618 ------- States and tribes may use categorical grant funding provided under this program in the following ways: Conducting site-specific activities, such as assessments and cleanups at brownfields sites;6 Developing mechanisms and resources to provide meaningful opportunities for public participation; Developing mechanisms for approval of cleanup plans, and verification and certification that cleanup efforts are complete; Creating an inventory of brownfields sites; Capitalizing a Revolving Loan Fund for brownfields-related work; Developing a public record; Developing oversight and enforcement authorities, or other mechanisms and resources; Purchasing environmental insurance; Developing state and tribal tracking and management systems for land use, institutional and engineering controls; and Conducting public education and outreach efforts to ensure that tribal communities are informed and able to participate in environmental decision-making. Performance Measure Targets: Work under this program supports performance results in the Brownfields Projects Program under the STAG appropriation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): There is no change in program funding. Statutory Authority: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 128(a). 6 For more information, please see: https://www.epa.gOv/brownfields/types-brownfields-grant-funding#StateTribalResources. 619 ------- Categorical Grant: Environmental Information Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants .S.S .S VJMkO SV.523.tl SIS'.t) Total Budget Authority $8,557.1 $9,336.0 $9,523.0 $187.0 Program Project Description: The funds provided under this categorical grant support the Environmental Information Exchange Network (EN), which is a critical component of the Agency's Data Strategy and supports the Executive Order 13985 on Advancing Racial Equality and Support for Underserved Communities through the Federal Government. The 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. The EN offers its partners tremendous potential for managing, accessing, and analyzing environmental data more effectively and efficiently. The Exchange Network Grant Program provides funding to states, territories, and tribes to support their participation in the EN using technology, data standards, open-source software, shared services, and reusable tools. EN partners acquire and develop the hardware and software needed to collect, report, and access environmental data with greater efficiency and integrate information across programs. The EN is the standard approach to share data across states, tribes, territories, and EPA. The EN Grant Program also plays a critical role in evolving the EN technology to support the vision of the Digital Strategy. FY 2022 Activities and Performance Plan: In FY 2022, the Environmental Information programs and activities will continue to focus on environmental justice (EJ) for state, local, and tribal partnerships in supporting the Executive Order 13985 on Advancing Racial Equality and Support for Underserved Communities through the Federal Government.1 The EN Program plays a critical role in supporting the Administration's comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. Tribal engagement and participation in EN efforts has significantly increased over the past few years with tribes participating in governance groups. As a result, tribes have requested greater EN program administration support, comparable to what states receive. Given the continuing growth in tribal participation in the EN and the expansion of rural broadband through the American 7 For additional information, please see: https://www.whitehouse.gov/briefmg-room/presidential-actions/2021/01/2Q/executive- order-advancing-racial-eauitv-and-support-for-underserved-communities-through-the-federal-government/. 620 ------- Broadband Initiative,8 EPA anticipates many more tribes will engage in data management and electronic reporting and, consequently, expanded interest in tribal participation in the EN. In response to this need, EPA will dedicate resources for program administration support to increase tribal engagement in the EN. These resources will support strategic planning and developing implementation approaches for tribes to participate in the EN, build data management and technical capacity, and enable the EN Grant Program to measure the effectiveness of these approaches to meet this goal. This will help to support the Executive Order 13985 and provide EJ to revitalize underserved communities. In FY 2022, EPA will continue to support the EN through a cooperative agreement with the Environmental Council of the States under the associated program support cost authority (Public Law 113-769). This includes direct support to governance, which represents a cross-section of EPA, state, and tribal organizations. Under this strategy of state, local, and tribal partnerships, the Agency will continue to advance its business processes, data management, and systems to reduce reporting burden on states and regulated facilities, as well as improve the effectiveness and efficiency of environmental protection programs for all partners. Currently, a total of 166 state, tribal, and territorial partners administer qualified EN grants projects. In FY 2022, EPA anticipates awarding 15 EN grants that will support the Executive Order 13985 and assist states, tribes, and territories to implement activities that align with the following five priorities outlined in the EN Solicitation Notice: Expand Data Access and Availability: These activities support the partners' ability to share cross-state, cross-tribal or state-tribal data. The emphasis is on activities which create services and tools that make data available and sharable on-demand through portals, web services, and application programming interfaces. Eliminate Industry Paper Reporting and Expand e-Reporting Among Co-Regulators: Grant projects will support developing and implementing EN air, water, and land data flows that enable automated reporting to EPA systems. Integrate Foundational EN Services into Environmental Business Processes: These include Virtual Exchange Services, Shared e-Reporting Services, Federated Identity Management Services, and other data services. These central services hosted by EPA reduce burden and avoid cost by minimizing duplicative application development by states and tribes as they develop their business solutions. Improve Environmental Management Through Advanced Data Monitoring and Transmittal Processes: EN partners are encouraged to implement innovative approaches to collecting, publishing, and sharing data that reduce costs associated with capturing data in the field while making it more accessible to stakeholders. 8 For additional information, please see: https://www.ntia.doc.gov/blog/2019/american-broadband-initiative-expand-connectivitv- all-americans. 9 For additional information, please see: https://www.gpo.gov/fdsvs/pkg/PLAW-l 13publ76/pdf/PLAW-l 13publ76.pdf. 621 ------- Augment the Information Management Capacity of EN Partners: Some existing and potential tribal and territorial EN partners have limited experience with electronic data collection and management. Tribal and territorial governments can use grants to conduct coordinated efforts and leverage the EN services given their unique regulatory responsibilities and data needs. The "National Environmental Information Exchange Network Grant Program Solicitation Notice" sets forth the process for awarding grant funding to states, tribes, and territories.10 It is an annual guidance document that describes eligibility requirements, the process for application preparation and submission, evaluation criteria, award administration information, and post-award monitoring procedures. 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): (+$187.0) This program change increases support for EPA's state and tribal partners through the Environmental Information Grant Program. The increase will help expand rural broadband and assist states, tribes, and territories to implement activities that align with the five priorities outlined in the EN Solicitation Notice. 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); Consolidated Appropriations Act, 2021, Pub. L. 116-260. 10 For additional information, please see: https://www.epa.gov/exchangenetwork/exchange-network-grant-program. 622 ------- Categorical Grant: Hazardous Waste Financial Assistance Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants SlO'.OJJ.f, S101.500.0 S111.500.0 SI0.000.0 Total Budget Authority $107,033.6 $101,500.0 $111,500.0 $10,000.0 Program Project Description: The Hazardous Waste Financial Assistance Grants help states implement the Resource Conservation and Recovery Act (RCRA). Through RCRA, EPA and states protect human health and the environment by minimizing waste generation, preventing the release of millions of tons of hazardous wastes, and cleaning up land and water. Authorized states conduct the direct implementation of permitting, corrective action, and enforcement components of the RCRA Hazardous Waste Management Program. This grant funding supports all 50 states and six territories. Currently, 48 states and two territories are authorized to implement the RCRA Program. EPA directly implements the RCRA Program in the states of Iowa and Alaska, and in Indian Country. We also provide project specific small grants to tribes selected through a competitive process. To ensure statutory requirements are successful, EPA partners with state and local governments, as well as American businesses and non- governmental organizations, to significantly improve waste and material management practices. In FY 2022, EPA will continue a multi-year transition to an updated allocation formula to distribute Hazardous Waste Financial Assistance Grants to the states. The Agency believes that using the most recent data will better align cooperative agreement funding to states needs and maximize the environmental benefits and program performance of this funding. EPA worked in close consultation with the states during the development of the updated allocation formula and began implementation in FY 2021. Federal investment is needed in the U.S. recycling system. The U.S. solid waste management infrastructure is struggling to maintain pace with rapidly evolving waste streams, leading to inefficient use of domestic resources. Recycling is an important part of a circular economy, which refers to a system of activities that enables resources to maintain their highest values and designs out waste. A circular economy approach provides direct, measurable reductions in greenhouse gas emissions as resource extraction and processing make up approximately 50 percent of the total global greenhouse gas emissions.11 Improving and enhancing recycling infrastructure will reduce impacts from materials extraction and production on climate, address disproportionate impacts of mismanagement of wastes on overburdened communities, create jobs, and provide feedstock for the manufacturing sector to produce essential products. 11 U.N. Environment International Resource Panel, Global Resources Outlook, 2019, p. 8. 623 ------- FY 2022 Activities and Performance Plan: In FY 2022, EPA requests an additional $10 million to pilot a new grant program focused on improving solid waste management infrastructure and post-consumer materials management. This investment will use the new authority provided in the Save our Seas 2.0 Act,12 which was passed by Congress in December 2020. The Solid Waste Infrastructure for Recycling (SWIFR) financing program will help reduce waste, reduce greenhouse emissions, and create jobs. The Agency has proposed bill language in the STAG appropriation as a line item categorical grant for this pilot. The language is inclusive (e.g., states, tribes, Alaska Native Villages, former Indian reservations in Oklahoma and intertribal consortia). In FY 2022, the Agency (and authorized states) will continue to: Issue and renew permits to a portion of the 6,600 hazardous waste treatment, storage and disposal facilities. This includes working with industry, the public, and states to address issues related to management of hazardous waste through development and application of standards, permits, guidance, and training. In FY 2020, EPA and its state partners achieved 104 permit renewals issued at hazardous waste facilities. Process permit modifications to keep pace with evolving business practices, technology, market conditions, and cleanup decisions. Update controls to encourage facilities to modernize technological systems, expand waste management capability, improve hazardous waste management practices, and make timely cleanup decisions. Inspect facilities to ensure compliance and safety. Oversee cleanups at hazardous waste management facilities and focus on completing cleanup of the 3,924 priority contaminated facilities (the Corrective Action Progress Track), which include highly contaminated and technically challenging sites. Oversee cleanups at high priority contaminated hazardous waste management facilities and return cleaned up property to productive use. This includes working with state partners to ensure that responsible parties conduct effective and efficient cleanups that are protective of human health and the environment and reduce the burden on taxpayers. Draft implementation documents such as permits and orders, review site assessment plans and results, review remedy selection documents, oversee remedy implementation, oversee public participation, and track progress of cleanups. EPA will work with tribes to develop tribal hazardous waste management plans; implement hazardous and universal waste tribal programs; and develop and implement program 12 For more information, please visit: https://www.congress.gOv/l 16/plaws/publ224/PLAW-l 16publ224.pdf. 624 ------- enforcement policies and procedures for tribes through the Tribal Hazardous Waste Grant Program. Continue to improve cleanup approaches, share best practices and cleanup innovations13 and address issues of emerging science. Monitor progress in issuing permits more quickly without sacrificing permit integrity. This includes progress towards meeting the Agency's goal of reaching all permitting-related decisions in a timely manner. EPA used efficiency tools to focus on reducing the permit backlog, and as a result, some states and regions adopted new practices, such as pre- application meetings and earlier application deadlines, that led to permitting program efficiencies. Performance Measure Targets: Work under this program supports performance results in the RCRA Corrective Action Program under the EPM appropriation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$10,000.0) This program increase supports a pilot Solid Waste Infrastructure for Recycling grant program. Statutory Authority: Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act § 3011; Consolidated Appropriations Act, 2021, Pub. L. 116-260. Save our Seas 2.0, 2020, Pub. L. 116- 224. 13 For more information, please visit: https://www.epa.gov/hw/toolbox-corrective-action-resource-conservation-and-recoverv-act- facilities-investigation-remedy. 625 ------- Categorical Grant: Lead Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants SN.J'xO SI-IJfiI.0 S2M.0 Total Budget Authority $14,362.1 $14,275.0 $14,561.0 $286.0 Program Project Description: Lead is highly toxic, especially to young children. Exposure to lead is associated with decreased intelligence, impaired neurobehavioral development, decreased stature and growth, and impaired hearing acuity. According to the Centers for Disease Control and Prevention, no safe blood lead level in children has been identified, and effects of lead exposure cannot be corrected.14'15 Reducing exposure to lead-based paint (LBP) in old housing continues to offer the potential to significantly decrease blood lead levels in the largest number of children. Housing units constructed before 1950 are most likely to contain LBP. The most recent national survey estimated that 37.1 million homes in the U.S. have LBP, and 23.2 million homes have significant LBP hazards.16 Children living at or below the poverty line who live in older housing are at greatest risk. Additionally, children of some racial and ethnic groups and those living in older housing are disproportionately affected by LBP.17 Accordingly, the Lead Categorical Grants Program and related Lead Risk Reduction Program represent strategic opportunities to advance EPA's environmental justice (EJ) goals. Because of these historic and persistent disproportional vulnerabilities of certain racial, and low- income communities to LBP, this program has the potential to create significant EJ gains. EPA's Lead Program contributes to the goal of reducing lead exposure and works toward addressing historic and persistent disproportional vulnerabilities of certain racial, and low-income communities.18 This program will thereby play an important role in achieving the Biden-Harris Administration's goals to enhance environmental justice and equity as set forth in Executive Order 14 Centers for Disease Control and Prevention, Blood Lead Levels in Children, found at: http://www.cdc.gov/nceh/lead/prevention/blood-lead-levels.htm. 15 Among children ages 1 to 5 years in families with incomes below poverty level, the 95th percentile blood lead was 3.0 ng/dL, and among those in families at or above the poverty level, it was 2.1 |ig/dL, a difference that was statistically significant. The 95th percentile blood lead level among all children ages 1 to 5 years was 2.5 |ig/dL. The 95th percentile blood lead level in Black non-Hispanic children ages 1 to 5 years was 3.0 |ig/dL, compared with 2.4 (ig/dL for White non-Hispanic children, 1.8 (ig/dL for Mexican-American children, and 2.7 (ig/dL for children of "All Other Races/Ethnicities."15 The differences in 95th percentile blood lead levels between race/ethnicity groups were all statistically significant, after accounting for differences by age, sex, and income. See. America's Children and the Environment (EPA, 2019), found at: https://www.epa.gov/americaschildrenenvironment 16 HUD. (2011 ).American Healthy Homes Survey, Lead and Arsenic Findings. https://www.hud.gov/sites/documents/AHHS REPORT.PDF. 17 See, America's Children and the Environment (EPA, 2019), found at: https://www.epa.gov/americaschildrenenvironment. 18 Childhood blood lead levels (BLL) have declined substantially since the 1970s, due largely to the phasing out of lead in gasoline and to the reduction in the number of homes with lead-based paint hazards. The median concentration of lead in the blood of children aged 1 to 5 years dropped from 15 micrograms per deciliter in 1976-1980 to 0.7 micrograms per deciliter in 2013-2014, a decrease of 95%. See. America's Children and the Environment (EPA, 2019), found at: https://www.epa.gov/americaschildrenenvironment. 626 ------- 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, by: Establishing standards governing lead hazard identification and abatement practices; Establishing and maintaining a national pool of certified firms and individuals who are trained to carry out lead hazard identification and abatement practices and/or renovation, repair, and painting projects while adhering to the lead-safe work practice standards and minimizing lead dust hazards created in such projects; and, Providing information and outreach to housing occupants and the public so they can make informed decisions and take actions about lead hazards in their homes. The Lead Categorical Grant Program contributes to the Lead Risk Reduction Program's goals by providing support to authorized state and tribal programs that administer training and certification programs for lead professionals and renovation contractors.19 Ensuring that those who undertake LBP Activities are properly trained and certified is a critical aspect of federal efforts to reduce lead exposure and work towards addressing the historic and persistent disproportional vulnerabilities of certain racial, and low-income communities in support of the Biden-Harris Administration's goals under Executive Orders 13985 and 14008. FY 2022 Activities and Performance Plan: In FY 2022, the Lead Categorical Grants Program will continue to provide assistance to states, territories, the District of Columbia, and tribes to develop and implement authorized lead-based paint abatement programs and authorized Renovation, Repair, and Painting (RRP) programs. EPA directly implements these programs in all areas of the country that are not authorized to do so and will continue to operate the Federal Lead-based Paint Program Database (FLPP) of trained and certified lead-based paint professionals. Activities conducted as part of this Program include accrediting training programs, certifying individuals and firms, and providing education and compliance assistance to those subject to the abatement and RRP regulations and the Public in support of the Biden-Harris Administration's goals to enhance environmental justice and advance racial equity. As of March 2021, 39 states and territories, four tribes, the District of Columbia, and Puerto Rico have been authorized to run the lead-based paint abatement program. In addition, 14 states and one tribe are authorized to administer the RRP program. As of the same date, there were 317 accredited RRP providers and more than 57,000 certified renovation firms. In FY 2022, the Lead Categorical Grant Program will continue to provide assistance to existing authorized state and tribal lead programs. EPA also will provide targeted assistance to states and tribes interested in becoming authorized to run the RRP program. Performance Targets: EPA is currently evaluating its suite of measures and indicators related to Environmental Justice, including available data and programs where improved data sets are needed to develop useful 19 Please see http: //www.epa. gov/lead for more information. 627 ------- performance measures for Environmental Justice Programs. Measures are under development in this program to address environmental justice. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$286.0) This program change is an increase to support providing grant assistance to states, territories, the District of Columbia, and tribes to develop and implement authorized lead-based paint abatement programs and authorized RRP programs. Statutory Authority: Toxic Substances Control Act (TSCA), §§ 401-412. 628 ------- Categorical Grant: Multipurpose Grants Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S 2~.0.1.U .S1!I.OI)!U) SI 0,200.1) S200.0 Total Budget Authority $27,033.1 $10,000.0 $10,200.0 $200.0 Program Project Description: EPA and its partners have made enormous progress in protecting air, water, and land resources. The Multipurpose Grants Program supports states, tribes, and territories in the implementation of environmental programs delegated by EPA. Recognizing that environmental challenges differ across states, tribes, and territories, including climate change factors and environmental justice considerations, the Program provides EPA's partners with flexibility to target funds to their highest priority efforts to protect human health and the environment. FY 2022 Activities and Performance Plan: In FY 2022, these funds will support the implementation of environmental programs delegated by EPA under pertinent environmental laws. States, tribes, and territories have the flexibility to apply the funds toward activities required in a broad array of environmental statutes, depending on local needs and priorities. Results are tracked as required by the Environmental Results Order and support critical work across multiple environmental programs. 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): (+$200.0) This program change is an increase in resources for EPA's state and tribal partners to continue to advance key environmental priorities in their communities. Statutory Authority: Consolidated Appropriations Act, 2021, Pub. L. 116-260; Indian Environmental General Assistance Program Act (GAP); Pollution Prevention Act (PPA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Clean Air Act (CAA); Toxic Substances Control Act (TSCA); National Environmental Policy Act (NEPA); Clean Water Act (CWA); Safe Drinking Water Act (SDWA); Resource Conservation and Recovery Act (RCRA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); Marine Protection Research and Sanctuaries Act (MPRSA); and Indoor Radon Abatement Act. 629 ------- Categorical Grant: Nonpoint Source (Sec. 319) Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S / '1.125.' SI .1)00.0 SI HO.000.0 S J.000.0 Total Budget Authority $171,125.7 $177,000.0 $180,000.0 $3,000.0 Program Project Description: Section 319 of the Clean Water Act (CWA) broadly authorizes states, territories, and tribes to use a range of tools to implement their Nonpoint Source Programs, including: regulatory and non- regulatory programs, technical assistance, financial assistance, education, training, technology transfers, and demonstration projects.20 Grants under Section 319 are provided to states, territories, and tribes to help them implement their EPA-approved Nonpoint Source Management Programs by remediating past nonpoint source pollution and preventing or minimizing new nonpoint source pollution. Implementation of watershed-based plans helps states achieve load reductions contained in Total Maximum Daily Loads to achieve water quality standards. Since 2006, these implementation projects have allowed states to remediate over 950 nonpoint source water quality impairments so that waterbodies now meet water quality standards or have documented progress towards standards. EPA oversees implementation of these program enhancements and to provide technical assistance to support state and tribal nonpoint source programs. To further accelerate the reduction of nonpoint source pollution, EPA and the U.S. Department of Agriculture (USDA) continue to enhance coordination to achieve improvements in water quality via the National Water Quality Initiative, targeting resources and helping landowners implement practices to control nutrient, pathogen, and sediment pollution in over 300 small watersheds nationwide. Nonpoint source pollution, caused by runoff that carries excess nutrients, toxics, and other contaminants to waterbodies is the greatest remaining threat to surface and groundwater quality impairments in the United States. As of 2021, the current number of impaired waters is 132,555. Nonpoint sources are the primary cause of impairment in over 80 percent of these impaired waters and nonpoint sources figure significantly in all but ten percent of the other waterbody impairments. There are approximately 1,800 active Section 319 projects across the ten EPA regions, and more than $250 million in Section 319(h) funds are currently being used for on-the-ground work in watersheds. Additionally, more than $240 million in Section 319(h) funds are used for program work, including funding approximately 500 state and tribal FTEs per year. FY 2022 Activities and Performance Plan: The pervasiveness and widely distributed nature of nonpoint source pollution requires cooperation and involvement from a wide range of stakeholders to address it, including EPA, other federal agencies, states, tribes, local governments, nonprofit organizations, conservation districts, and 20 For more information see: https://beta.sam.gov/fal/b59c5cd479ca4eeaa013302d217adl83/view. 630 ------- private landowners. EPA will work closely with and support the many efforts of states, interstate agencies, tribes, local governments and communities, watershed groups, USD A, Department of Homeland Security's Federal Emergency Management Agency (FEMA), and other federal agencies, and others to develop and implement programs and local watershed projects to restore surface water and groundwater nationwide. EPA provides grant funds to states and over 200 tribes under the CWA Section 319 to implement programs to control nonpoint pollution, including reduction of nitrogen, phosphorus, and sediment loadings. In 2019 there were 22.4 million pounds of nitrogen, 790 thousand tons of phosphorus, and 1.8 million tons of sediment reduced from nonpoint sources. In FY 2022, the program will continue to work with states and tribes to strengthen and enhance their nonpoint source programs with a continued focus on watershed project implementation and maintaining current Nonpoint Source Management Programs to focus priorities funded through Section 319. EPA will continue to strongly focus on the development and implementation of watershed-based plans to restore impaired waterbodies to meet water quality standards, as well as to protect unimpaired waters. It has been demonstrated repeatedly that achieving water quality results requires targeting, in the right places with the right practices, the primary sources of nonpoint source pollution in a watershed. Watershed-based plans enable this by providing an analysis of sources and relative significance of pollutants of concern; identification of cost- effective techniques to address those sources; availability of needed resources, authorities, and community involvement to affect change; along with monitoring to enable states, tribes, and local communities to track progress and make changes over time to meet their water quality goals. EPA will continue to forge and strengthen strategic partnerships with other federal agency programs, in particular the USDA Natural Resources Conservation Service (NRCS), which implements Farm Bill conservation programs that can help control nonpoint source pollution. Agricultural sources of pollution in the form of animal waste, fertilizer, and sediments have a particularly profound effect on water quality. In FY 2022, EPA will continue the National Water Quality Initiative partnership with USDA to focus federal resources on agricultural sources of pollution in select watersheds in every state. To address urban and suburban sources of nonpoint source pollution, EPA will continue to work closely with a broad set of partners to promote the implementation of low-impact development practices (also called green infrastructure). Low-impact development practices, such as rain gardens and permeable pavement, reduce harm to water quality by reducing peak flows during storms, filtering pollutants, and recharging groundwater. Low-impact development practices also may produce co-benefits by mitigating the impacts of natural hazards including flood and drought. Working with states, cities, developers, watershed associations, and federal agencies such as FEMA with an interest in flood protection and floodplain management, EPA will continue to spread knowledge and adoption of low-impact development practices. From 2017-2019, EPA funded a series of pilot projects across nine EPA regions that explored how water quality programs may collaborate with FEMA partners to integrate low-impact development in state and local FEMA Hazard Mitigation Plans. EPA also has developed a set of training materials that provide technical, programmatic, and funding guidance for water quality programs interested in engaging in the Hazard Mitigation planning process. In FY 2022, EPA intends to finalize these training 631 ------- materials and synthesize lessons learned from the pilot projects to include in a training curriculum that can be shared broadly. The Section 319 program also recognizes the importance of environmental justice (EJ) and is exploring the role that the program may play in promoting equity and inclusion. In FY 2022, EPA will assess how to integrate climate and environmental justice priorities, particularly with regards to the program's resilience/hazard mitigation priorities. The program also will amplify current EJ efforts occurring in regional and state programs. Performance Measure Targets: (PM SWP-01) Square miles of watersheds with surface waters not meeting standards (cumulative). FY 2021 Target FY 2022 Target 539,536 531,536 (PM SWP-02) Square miles of watersheds with surface waters not meeting standards because of nutrients. FY 2021 Target FY 2022 Target 183,596 180,596 FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$3,000.0) This program change increases funding for state nonpoint source programs, including implementation of nonpoint source projects and statewide nonpoint source protection activities. Statutory Authority: Clean Water Act, § 319. 632 ------- Categorical Grant: Pesticides Enforcement Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and 1'ribul Assistance (irants S23. ~W.4 .S2-1.000.0 S 24.4,SO.O S4S0.0 Total Budget Authority $23,799.4 $24,000.0 $24,480.0 $480.0 Program Project Description: The Pesticides Compliance Monitoring and Enforcement Cooperative Agreement Program supports pesticide product and user compliance with provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) through cooperative agreements21 with states andtribes. The cooperative agreements: support state and tribal compliance and enforcement activities under FIFRA; provide resources to rebuild programmatic capabilities between EPA and partner agencies; provide vital training programs to EPA, state, territory, and tribal partners; and help deliver environmental justice for overburdened and marginalized communities. Enforcement and pesticides program cooperative agreement guidance is issued to focus regional, state, and tribal efforts on the highest priorities. EPA's support to state and tribal pesticide programs22 emphasizes reducing chemical risks by ensuring compliance with worker protection standards, pesticide applicator certification and training requirements, pesticide use requirements designed to protect water quality, pesticide product integrity, and border compliance. FY 2022 Activities and Performance Plan: Work in this program directly supports the Administration's priorities, including pesticide compliance and enforcement activities. In addition to maintaining a basic level of pesticide program implementation, compliance assistance, and enforcement to ensure a viable pesticide regulatory and enforcement program, there are four possible focus areas including: 1) prevent or reduce incidents resulting from fumigation exposures; 2) reduce spray drift incidents by increasing awareness and adoption of spray drift reduction techniques and technologies; 3) support tribal pesticide program capacity building and efficient use of state resources; and 4) minimize pesticide risk while protecting human health from emerging public health issues. In FY 2022, EPA will prioritize and award state and tribal pesticides cooperative agreements for implementing the compliance monitoring and enforcement provisions of FIFRA. 21 For additional information, please refer to: http://www2.epa.gov/compliance/federal-insecticide-fungicide-and-rodenticide-act- state-and-tribal-assistance-grant. 22 For additional information, please refer to: http://www2.epa.go v/pesticide-advisorv-committees-and-regulatorv-partners/tribal- pesticide-programs. 633 ------- 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): (+$480.0) This program change is an increase to support state and tribal partners' compliance and enforcement activities and training opportunities through the Pesticides Enforcement Grants Program. These resources can help deliver environmental justice for overburdened and marginalized communities. Statutory Authority: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) § 23(a)(1); Consolidated Appropriations Act, 2021, Pub. L. 116-260. 634 ------- Categorical Grant: Pesticides Program Implementation Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S 12.0-12." SI 2.2'J-1.0 S 12.5-10.0 S 2-lftJ) Total Budget Authority $12,642.7 $12,294.0 $12,540.0 $246.0 Program Project Description: The purpose of EPA's pesticide program implementation grants is to translate pesticide regulatory decisions made at the national level into results at the local level. Under the pesticide statutes, responsibility for ensuring proper pesticide use is in large part delegated to states and tribes. Grant resources allow states and tribes to be more effective regulatory partners. EPA's mission, as related to pesticides, is to protect human health and the environment from pesticide risk and to realize the value of pesticide availability by considering the economic, social, and environmental costs and benefits of the use of pesticides.23 The Agency provides grants to states, tribes, and other partners, including universities, non-profit organizations, other federal agencies, pesticide users, environmental groups, and other entities to assist in strengthening and implementing EPA pesticide programs. This program focuses on issues such as worker safety activities, including worker protection and certification and training of pesticide applicators, protection of endangered species,24 protection of water resources from pesticides, protection of pollinators, and promotion of environmental stewardship and Integrated Pest Management- (TPM-) related activities. EPA supports implementation of tribal pesticide programs through cooperative agreements contributing to tribal capacity to protect human health by reducing risks from pesticides in Indian Country. The Program is implemented in a manner that recognizes that certain aspects of Native Americans' lifestyles, such as subsistence fishing or consumption of plants that were not grown as food and possibly exposed to pesticides, may increase exposure to some chemicals or create unique chemical exposure scenarios.25 The Agency also funds a multiyear grant in support of the State Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Issues Research and Evaluation Group. The grant ensures the close coordination of states and EPA on pesticide issues. 23 Federal Insecticide, Fungicide and Rodenticide Act, as amended. Section 3(a), Requirement of Registration (7 U.S.C. 136a). Available online at: https://www.epa.gov/laws-regulations/summarv-federal-insecticide-fungicide-and-rodenticide-act. 24 The Endangered Species Act of 1973 sections 7(a)l and 7(a)2; Federal Agency Actions and Consultations, as amended (16 U.S.C. 1536(a)). Available at the U.S. Fish and Wildlife Service's Endangered Species Act of 1973 internet site: http://www.fws.gov/endangered/laws-policies/section-7.html. 25 For additional information, please visit: http://www.epa.gov/pesticide-advisorv-committees-and-regulatorv-partners/tribal- pesticide-programs. 635 ------- FY 2022 Activities and Performance Plan: In FY 2022, EPA will continue to carry out the following programs: Worker Protection Standard and Certification and Training Program Through the Certification and Training Program and the Worker Protection Standard, EPA protects workers, pesticide applicators and handlers, employers, and the public from the potential risks posed by pesticides in their work environments. EPA will continue to provide assistance and grants to implement the Certification and Training Program and Worker Protection Standard, and to address changes to the federal regulations for these programs. In FY 2020, states, territories, and tribes (certifying authorities) submitted their revised certification plans to EPA for review to address the 2017 revisions to the Certification of Pesticide Applicators rule. In FY 2022, EPA will continue to work with these certifying authorities to refine and modify their revised plans as needed. EPA must approve plans by March 4, 2022. Approved certification plans will include a timeframe to fully implement the revised plans. Some certifying authorities began regulatory and program changes in FY 2021 to initiate implementation of revised certification plans. For worker protection, the states, territories, and tribes will continue to train their program and inspection staff on the 2015 final revisions to the Worker Protection Standard, conduct outreach and compliance assistance, and enforce the rule.26 Endangered Species Protection Program The Endangered Species Protection Program protects federally listed, threatened, or endangered animals and plants whose populations are threatened by risks associated with pesticide use.27 The Endangered Species Act mandates that federal actions will not jeopardize the continued existence of species listed as endangered and threatened, or destroy or adversely modify habitat designated as critical to those species' survival. EPA also will provide grants to states and tribes, as described above, for projects supporting endangered species protection. Program implementation includes outreach, communication, education related to use limitations, review and distribution of endangered species protection bulletins, and mapping and development of endangered species protection plans. In FY 2022, these activities will continue to support the Agency's mission to protect the environment from pesticide risk. Protection of Water Sources from Pesticide Exposure Protecting the Nation's water sources from possible pesticide contamination is an important component of EPA's environmental protection efforts. In FY 2022, EPA will continue to provide funding, through cooperative agreements, to states, tribes, and other partners to investigate and respond, as needed, to address water resources contaminated by pesticides. Stakeholders and partners, including states and tribes, are expected to evaluate local pesticide uses that have the potential to contaminate water resources and take steps to prevent or reduce contamination where pesticide concentrations approach or exceed levels of concern. 26 For additional information, please visit: https://www.epa.gov/pesticide-worker-safetv/how-epa-protects-workers-pesticide-risk. 27 For additional information, please visit: https://www.epa.gov/endangered-species/about-endangered-species-protection- program. 636 ------- Integrated Pest Management EPA will continue to support risk reduction by providing assistance to promote the use of safer alternatives to traditional chemical pest control methods including Integrated Pest Management techniques.28 EPA supports the development and evaluation of new pest management technologies that contribute to reducing both health and environmental risks from pesticide use. The Pesticide Environmental Stewardship Program (PESP) is an EPA partnership program that works with the Nation's pesticide-user community to promote IPM practices. PESP is guided by the principle that partnership programs complement the standards and decisions established by regulatory and registration actions. Resources will be focused on funding projects across the country that promote IPM and reduce the impacts of pesticide use in agricultural settings. Selected projects could address pesticide use in rural areas or on tribal lands, promoting IPM practices that reduce risk and benefit these communities. Additional funding could expand the IPM in-schools efforts to collaborate with Title 1, tribal, and Head Start schools and daycares in vulnerable communities as well as expand collaboration with federal partners to address bed bug issues in multi-family housing in vulnerable communities. Pollinator Health EPA will continue to work with state and tribal agencies to promote the development and implementation of locally based plans to help improve pollinator health. State pollinator protection plans in several states have been an effective communication and collaboration mechanism between stakeholders at the local level that can lead to reduced pesticide exposure and protection of honeybees, while maintaining the flexibility needed by growers. EPA believes that these plans, developed through a robust stakeholder engagement process at the local level, serve as good models for enhanced local communication and can help accomplish the Agency's goal of mitigating exposure of bees to acutely toxic pesticides. 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): (+$246.0) This program change will support two additional tribal FIFRA cooperative agreements and provide additional resources for states and territories to carry out pesticide program implementation work to protect farm workers. Statutory Authority: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) § 23(a)(1); Federal Food, Drug and Cosmetic Act (FFDCA); Food Quality Protection Act (FQPA) of 1996; Endangered Species Act (ESA). 28 For additional information, please visit: http://www.epa.gov/pesp/. 637 ------- Categorical Grant: Pollution Control (Sec. 106) Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S23-UVX3 S230.000.0 S 23-/.000.0 S-1.000.0 Total Budget Authority $234,493.3 $230,000.0 $234,600.0 $4,600.0 Program Project Description: Section 106 of the Clean Water Act (CWA) authorizes EPA to provide federal assistance to states, territories, the District of Columbia, tribes, and interstate agencies to establish and maintain adequate programs for the prevention and control of surface and groundwater pollution from point and nonpoint sources.29 Prevention and control activities supported through these grants include: providing National Pollutant Discharge Elimination System (NPDES) permits; conducting ambient water quality monitoring; assessing and listing impaired waters; and developing water quality standards and Total Maximum Daily Loads (TMDLs), surveillance, and enforcement. FY 2022 Activities and Performance Plan: The CWA Section 106 Grant Program supports prevention and control measures that improve water quality. Monitoring and Assessment EPA is working with states and tribes to provide monitoring and assessment information to support multiple CWA programs in a cost-efficient and effective manner. The intent is to have scientifically defensible monitoring data that are needed to address priority problems at state, tribal, national, and local levels and to track water quality changes over time. In FY 2022, EPA will continue working with states and tribes to support their water quality monitoring programs. Monitoring Initiative funds for states and tribes will support the National Aquatic Resource Surveys (NARS) and the enhancement of state and tribal monitoring programs.30 The Monitoring Initiative will be funded at $17.3 million for participation in the NARS and for monitoring program priority enhancements. EPA is implementing recommendations from a Lean Management exercise to improve the timeliness of monitoring data processed for NARS partnerships. Through the Monitoring and Assessment Partnership, EPA will continue working with states and tribes to develop and apply innovative and efficient monitoring tools and techniques to optimize availability of high-quality data to support priority CWA program needs. EPA also will continue 29 The District of Columbia is eligible for 106 funds. A tribe must be eligible under Section 518(e) in the CWA. 30 For more information, please see: https://www.epa.gov/water-pollution-control-section-106-grants/monitoring-initiative- grants-under-section-106-clean. 638 ------- working with states to support their water quality assessment programs, including helping to assure timely submission of state Integrated Reports and 303(d) lists. EPA will continue to work with states to support electronic reporting, including annual reporting of water quality data through the Water Quality Exchange and submission of Integrated Reports through the Assessment Total Maximum Daily Load Tracking and Implementation System (ATTAINS). Reviewing and Updating Water Quality Standards EPA will work with states and authorized tribes as they review and update their water quality standards periodically as required by CWA and EPA regulations in 40 CFR Part 131. EPA will work with tribes that want to establish water quality standards. For its part, EPA will review and work to formally act upon all state and tribal submissions of new and revised water quality standards in accordance with the Agency's statutory obligations and timeline. The Agency also will continue to track progress by states and authorized tribes as they complete triennial reviews of applicable standards on time as required by CWA. Developing TMDLs EPA will work with states, territories, and authorized tribes to develop and implement TMDLs for CWA Section 303(d) listed impaired waterbodies as a tool for meeting water quality restoration goals. TMDLs focus on achieving clearly defined environmental standards and establishing a pollutant budget, which is then implemented via permit requirements and through local, state, and federal watershed plans and programs to restore waters. EPA will continue to work with states to facilitate accurate, comprehensive, and geo-referenced water quality assessment decisions made available to the public via ATTAINS. In addition, EPA will continue to track state progress in completing TMDLs, alternative restoration approaches or projection plans with a goal of 100 percent of priority plans in place at state identified priority waters under the State-EPA 303(d) Program Vision by 2022. As of March 2021, 70 percent of state priority waters, were addressed by a priority TMDL, other restoration plan, or protection approach. EPA also is working to ensure timely action by the Agency on TMDLs submitted by states. Numerous recent and long-standing efforts have helped to substantially reduce the backlog on TMDLs from more than 700 in FY 2018 to 22 as of March 2021. Between fiscal year 2017 and March 2021, EPA has supported and approved more than 6,000 TMDLs. Issuing Permits The NPDES program is managed by EPA and the states and issues on average over 11,000 permits a year to address discharges from among the approximately 15,000 wastewater treatment facilities, more than 60 categories of industries, and almost 300,000 stormwater facilities. The NPDES program requires point source dischargers of pollutants to waters of the United States to be permitted and pretreatment programs be put in place to control discharges from industrial and other facilities to the Nation's wastewater treatment plants. EPA is working with the states31 to identify opportunities to enhance the integrity and timely issuance of NPDES permits, while fine-tune permitting implementation practices. EPA continues to provide training and technical assistance to permit writers as they address complex and emerging issues and enhance program oversight to 31 Currently no tribes have authority to implement the NPDES program. 639 ------- ensure permit quality and timeliness. EPA continues to provide technical assistance in the areas of green infrastructure and integrated planning as effective approaches to address wet weather challenges and protect water quality. EPA updated the NPDES application forms to clarify requirements and has provided training on the revised forms, as well as checklists to increase rates of application completeness. After program improvements, between March 2018 and March 2021, the backlog of EPA-issued new and existing NPDES permits decreased from 106 to 24 and 547 to 338, respectively. EPA issues NPDES permits for states that do not manage their own programs. Conducting Compliance Monitoring and Enforcement EPA will work with NPDES-authorized states to implement the 2014 CWA NPDES Compliance Monitoring Strategy (CMS).32 The NPDES CMS establishes national standards for allocation of inspection resources across all NPDES regulated entities to best protect water quality. EPA works with states on advanced technologies, such as remote water monitoring sensors to collect discharge data, to identify problem areas more efficiently. The Smart Mobile Tools for Field Inspectors software suite provides a digital platform to support inspectors and managers through the entire inspection process - from scheduling an inspection to generating a draft inspection report for management review. The Agency expects that these technologies will improve the analytical capabilities of both EPA and the states and enhance the public's knowledge about the quality of their environment. Currently, EPA and states are implementing the NPDES Electronic Reporting Rule, NPDES eRule, in a collaborative manner. States have the option to build their own electronic reporting tools and data systems or they can elect to utilize EPA's tools and systems. EPA and states implemented Phase 1 of the NPDES eRule in FY 2017 for the following two reports: 1) Discharge Monitoring Reports and 2) Federal Biosolids Annual Report, where EPA is the regulatory authority. For example, currently over 35,000 NPDES permittees in 24 states use EPA's electronic reporting tool, NetDMR, to submit their Discharge Monitoring Reports. EPA and states started implementing Phase 2 of the NPDES eRule in FY 2018 for general permit reports and all remaining program reports. EPA will continue to work collaboratively with states in FY 2022 to ensure a smooth transition to electronic reporting for the NPDES program. Implementing the NPDES eRule will help EPA and states clean up the Nation's waters by saving time and resources for the states and regulated community, improving transparency, and obtaining more accurate, timely, complete, and consistent information about the NPDES program. Working with Tribal Water Pollution Control Programs In FY 2022, EPA will work with tribal programs on revising the Final Guidance on the Award of Grants to Indian Tribes under Section 106 of the Clean Water Act. Tribes will continue to implement and expand their water pollution control programs by conducting activities that address water quality and pollution problems on tribal lands pursuant to CWA Section 518(e). 32 For more information, please see: https://www.epa.gov/compliance/clean-water-act-national-pollutant-discharge-elimination- svstem-compliance-monitoring. 640 ------- Performance Measure Targets: (PM SWP-01) Square miles of watersheds with surface waters not meeting standards (cumulative). FY 2021 Target FY 2022 Target 539,536 531,536 (PM SWP-02) Square miles of watersheds with surface waters not meeting standards because of nutrients. FY 2021 Target FY 2022 Target 183,596 180,596 (PM TMDL-02) Percentage of priority TMDLs, alternative restoration plans, and protection approaches in place. FY 2021 Target FY 2022 Target 84 100 FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$4,600.0) This program change provides additional resources to states, tribes, and interstate agencies to establish and maintain programs for the prevention and control of surface and groundwater pollution from point and nonpoint sources. Statutory Authority: CWA § 106. 641 ------- Categorical Grant: Pollution Prevention Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S4.2V4.H .S-/A S7. SV3J) Total Budget Authority $4,294.8 $4,630.0 $4,723.0 $93.0 Program Project Description: The Pollution Prevention (P2) Categorical Grants Program supports the counterpart P2 program under the Environmental Program and Management (EPM) account by providing financial support to states, state entities (i.e., colleges and universities), and federally-recognized tribes and inter- tribal consortia in implementing the Pollution Prevention Act (PPA) of 1990, and state, tribal, and local partner work for the Pollution Prevention (P2) program. The P2 Program is one of EPA's primary tools for advancing environmental stewardship and sustainability by federal, state, and tribal governments, businesses, communities, and individuals. The Program seeks to alleviate environmental problems by achieving significant reductions in the generation of hazardous releases to air, water, and land; reductions in the use or inefficient use of hazardous materials, which also advances EPA's chemical risk reduction and management goals under the Toxic Substances Control Act (TSCA); reductions in the generation of greenhouse gases; and reductions in the use of water. As a result of implementing these preventative approaches, the P2 Program helps businesses and others reduce costs and access market opportunities in their work to support environmental stewardship, corporate social responsibility, and other sustainability work. FY 2022 Activities and Performance Plan: The Program's efforts advance the Agency's priorities to pursue sustainability, take action on climate change, address environmental justice (EJ), make a visible difference in communities, and ensure chemical safety.33 In FY 2022, the P2 Categorical Grants34 Program will continue supporting states, state entities, and federally-recognized tribes and inter-tribal consortia to provide technical assistance to businesses, particularly small- and medium-sized firms, to help them identify, develop and implement cost-effective approaches for reducing or eliminating pollution at the source. Because it is often cheaper to prevent pollution from being created at the source rather than cleaning it up afterwards or to pay for control, treatment, and disposal of waste products, these P2 approaches often result in significant long-term savings for businesses. Documenting best practices and developing case studies and training materials will be foundational assets for 33 For more information about the EPA's P2 program, please see http://www.epa.gov/p2/Error! Main Document Only.. 34 https://www.epa.gov/p2/grant-programs-pollution-prevention. Categorical Grants fund core P2 technical assistance and are complementary to the P2 Source Reduction Assistance Grants. In FY2021 there are 42 active P2 Categorical Grants and 11 active P2 Source Reduction Assistance Grants, for a total of 53 grants. 642 ------- amplifying and replicating environmental stewardship, P2, and sustainability successes resulting from the P2 grant programs. Through competitive grants to technical assistance centers operated by states and tribes, U.S. businesses can access a range of P2 enabling tools and support programs. In FY 2021, EPA has 42 active two-year categorical grants to states and tribes, all of which will continue through FY 2022. EPA expects to award a similar number of additional two-year grants in FY 2022. Additionally, EPA invests EPM funds in analyses, tool development, training, and outreach (including partnering with industry, its associations, and other enterprise assistance programs), leveraging the success of P2 Categorial Grant recipients and client businesses in a particular sector/location by amplifying and/or replicating those successes to similar businesses in other locales. Such economies of scale for P2 are central to maximizing the effectiveness of the program, and advancing corporate social responsibility, environmental stewardship, and sustainability at the state, tribal, and local levels. One of the approaches EPA takes to pursue program efficiencies and economies of scale is through sector-focused P2 National Emphasis Areas. For P2 grants awarded in FY 2022, grant applicants will continue to be required to focus on one or more National Emphasis Areas,35 which were selected based on an analysis of data to identify industry sectors that had high environmental impact, high economic importance, high P2 opportunity, and of local concern to potential grantees. To further advance EJ in FY 2022, EPA will use analyses of toxic chemical releases from facilities and industrial sites proximal to EJ communities from Toxics Release Inventory reporting and Chemical Data Reporting, where available, and use sector-specific P2 cases studies and best practices - combined with outreach and training - to facilitate adoption of P2 practices in those industries in the EJ communities. Additionally, EPA will advance P2 technical assistance objectives in FY 2022 by customizing, developing, and delivering training to identify and deploy green chemistry and engineering solutions through a range of incentive and related approaches.36 Performance Targets: Work under this program supports performance results in the Pollution Prevention Program under the EPM appropriation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$93.0) This program change provides increased support to EPA's state and tribal partners to provide technical assistance to businesses, particularly small- and medium-sized firms, to help them identify, develop, and implement cost-effective approaches for reducing or eliminating pollution at the source, including related source reduction, sustainability, and environmental stewardship activities. 35 The P2 National Emphasis Areas include: automobile manufacturing and maintenance, aerospace manufacturing and maintenance, chemical manufacturing and processing, metal manufacturing and fabrication, and/or food and beverage manufacturing or processing. 36 For a description of the network services and regional activities, please visit: http://www2. epa. gov/p2/pollution-prevention- resource-exchange-p2rx. 643 ------- Statutory Authority: Pollution Prevention Act of 1990; Toxic Substances Control Act. 644 ------- Categorical Grant: Public Water System Supervision (PWSS) Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S 112.000.0 SI22.000.0 SI0.000.0 Total Budget Authority $109,075.2 $112,000.0 $122,000.0 $10,000.0 Program Project Description: The Public Water System Supervision (PWSS) Program provides grants to states and tribes with primary enforcement authority (primacy) to implement and enforce the National Primary Drinking Water Regulations (NPDWRs) under the Safe Drinking Water Act (SDWA). The NPDWRs set forth health-based standards, monitoring, reporting, sanitary surveys, and enforcement elements to ensure that the Nation's drinking water supplies do not pose adverse health risks. The PWSS Program grants support the safety of the Nation's drinking water resources and protect public health and the environment. Primacy agencies use these grants to fund drinking water program personnel who: Provide training and technical assistance to owners and operators of public water systems; Conduct sanitary surveys (i.e., reviews conducted to determine and support a facility's capacity to deliver safe drinking water) and address significant deficiencies that may compromise the quality of the finished water; Train and certify public water system operators; Manage public water system data, facilitate electronic reporting of compliance monitoring data, and submit compliance data to the database of record, the Safe Drinking Water Information System; Ensure that public water systems conduct the required public notifications to consumers; and Respond to violations and issue enforcement actions. The PWSS Program is critical to increasing equity as small and disadvantaged communities significantly benefit from support and technical assistance provided by primacy agencies through this vital funding. Fundamental to ensuring safe water is having qualified operators in place at these systems. These funds afford the opportunity for operators to receive the necessary training and certification to continue to protect public health. FY 2022 Activities and Performance Plan: In FY 2022, EPA will provide funds to support state efforts to assist the most vulnerable water systems in meeting drinking water regulations and in developing the financial and managerial capacity needed to protect federal investments that remedy aging or inadequate infrastructure (e.g., pipe replacement to prevent failures in distribution systems, installation of treatment to remove drinking 645 ------- water contaminants). EPA's efforts will help deliver clean drinking water, improve the health of our children, and support environmental justice for communities who too often have been left behind, including rural and tribal communities. Funds allocated to states and tribes without primacy are used to support direct implementation activities by EPA. In FY 2021, Congress directed that $10.0 million of the PWSS grant funding be used for "addressing [per- and polyfluoroalkyl substances] PFAS and other contaminants of emerging concern." In FY 2022, EPA is requesting an additional $10.0 million to help States and Tribes with primary enforcement authority to implement and enforce NPDWRs under the SDWA. These funds will assist all communities across the country in the provision of safe drinking water. EPA's PWSS Program is working with states to pursue a reduction of the number of systems that have health-based non-compliance events. This includes working to decrease the number of community water systems out of compliance with health-based standards. As of April 2021, approximately 2,756 of the original 3,508 systems with health-based violations on September 30, 2017, have been returned to compliance. The PWSS Program helps to facilitate this effort by supporting state drinking water programs and technical assistance providers in achieving and maintaining compliance at drinking water systems, developing best practices, strengthening state capacity, and certifying drinking water operators. EPA also is enhancing its oversight of the state drinking water programs by improving the scope and consistency of the annual PWSS program review for each primacy agency as required under SDWA. Information gained during these reviews includes an analysis of the completion of sanitary surveys by the primacy agency, an evaluation of whether the primacy agency is implementing the state program in accordance with SDWA, review of state use of the funds and associated impacts, and alignment of program with national enforcement and compliance priorities. The annual program review directly supports the work of the states and EPA to reduce community water systems out of compliance with health-based standards. Performance Measure Targets:37 (PM DW-02) Community water systems still out of compliance with health- based standards since September 30,2017. FY 2021 Target FY 2022 Target 875 701 FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$10,000.0) This program change increases funding to help states and tribes with primary enforcement authority to implement and enforce NPDWRs under SDWA. In addition, this increase supports states, territories, and tribes in complying with drinking water regulations, conducting sanitary surveys of public water systems, and providing technical assistance to managers and operators of public water systems. 37 The Agency has made a technical correction to the baseline for the long-term performance goal associated with this program. The adjusted long-term performance goal is "By September 30, 2022, reduce the number of community water systems still in noncompliance with health-based standards since September 30, 2017, to 701." 646 ------- Statutory Authority: Safe Drinking Water Act § 1443. 647 ------- Categorical Grant: Radon Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S '.(i-l(i.l) S'.'VxO S.S', )/.« SI, 150.0 Total Budget Authority $7,646.0 $7,795.0 $8,951.0 $1,156.0 Program Project Description: Title III of the Toxic Substances Control Act (TSCA) authorizes EPA to take a variety of actions to address the public health risks posed by exposures to indoor radon. Under the statute, EPA assists states and tribes through the State Indoor Radon Grants (SIRG) program, which provides categorical grants to develop, implement, and enhance programs that assess and mitigate radon risk. EPA provides guidance to states and tribes to promote and spread effective strategies for reducing indoor radon public health risks. EPA also works with states and tribes to support targeting SIRG funding to reduce risks for low-income populations that lack resources to mitigate radon risk on their own. Radon is the second leading cause of lung cancer in the United States - and the leading cause of lung cancer mortality among non-smokers - accounting for about 21,000 deaths per year38. EPA's non-regulatory Indoor Air - Radon Program, which includes the SIRG grants program, promotes actions to reduce the public's health risk from indoor radon. EPA and the Surgeon General recommend that people do a simple radon home test and, if levels above EPA's guidelines are confirmed, reduce elevated levels by home mitigation using inexpensive and proven techniques. EPA also recommends that new homes be built using radon-resistant features in areas where there is elevated radon. Nationally, risks from radon have been reduced in many homes over the years, but many are still in need of mitigation. This voluntary program promotes partnerships between national organizations, the private sector, and more than 50 state, local, and Tribal governmental programs to reduce radon risk. FY 2022 Activities and Performance Plan: Work in this program directly supports the President's priority of advancing environmental justice. EPA will administer the SIRG Program, in collaboration with state and tribal partners. EPA will work with states and tribes to address environmental justice concerns by assisting grant recipients to address radon risk reduction in underserved, low-income communities, for example through building code adoption. EPA will work with states and tribes to address challenges from the mandatory match requirement to ensure that programs continue to operate and serve low-income communities. 38 For additional information, please see: https://www.epa.gov/radon. 648 ------- 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): (+$ 1,156.0) This program change is an increase to support providing guidance to states and tribes to promote and spread effective strategies for reducing indoor radon public health risks. EPA also will work with states and tribes to support targeting SIRG funding to reduce risks for low-income populations that lack resources to mitigate radon risk on their own. Statutory Authority: Title III of the Toxic Substances Control Act (TSCA). 649 ------- Categorical Grant: State and Local Air Quality Management Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S222.MH.H S 22V.5M.O S3 21.500.0 S')2.000.0 Total Budget Authority $222,318.8 $229,500.0 $321,500.0 $92,000.0 Program Project Description: This program provides funding for state air programs, as implemented by state, multi-state, and local air agencies. Section 103 of the Clean Air Act (CAA) provides EPA with the authority to award grants to air pollution control agencies, other public or nonprofit private agencies, institutions, and organizations, to conduct and promote certain types of research, investigations, experiments, demonstrations, surveys, studies, and training related to air pollution. Section 105 of the CAA provides EPA with the authority to award grants to state and local air pollution control agencies to develop and implement continuing environmental and public health programs for the prevention and control of air pollution, implementation of National Ambient Air Quality Standards (NAAQS) and improving visibility in our national parks and wilderness areas (Class I areas). The continuing activities funded under Section 105 include: analysis and planning for attainment and maintenance of NAAQS; emission reduction measures; development and operation of air quality monitoring networks, and other air program activities. Section 106 of the CAA provides EPA with the authority to fund interstate air pollution transport commissions to develop or carry out plans for designated air quality control regions. FY 2022 Activities and Performance Plan: States are responsible for State Implementation Plans (SIPs), which provide a blueprint for the programs and activities that states carry out to attain and maintain the NAAQS and comply with visibility improvement obligations. In FY 2022, affected states will be developing or revising attainment SIPs for areas reclassified to "Moderate" for the 2015 ozone NAAQS, for areas reclassified to "Severe" for the 2008 ozone NAAQS, and for areas designated nonattainment effective April 30, 2021, for the 2010 sulfur dioxide (SO2) NAAQS. States also have ongoing SIP obligations associated with visibility improvement requirements, among other requirements identified in the CAA. States also will continue implementing the 2008 8-hour ozone NAAQS, the 2008 lead NAAQS, the 2010 1-hour nitrogen dioxide (NO2) NAAQS, and the 2010 1-hour SO2 NAAQS. As applicable, states also will continue implementing the previous PM2.5 and ozone NAAQS, including the 1997 annual and 24-hour PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, the 2012 annual PM2.5 NAAQS, the revoked 1997 8-hour ozone NAAQS and the revoked 1-hour ozone NAAQS. EPA, in close collaboration with states and tribes, will work to reduce the number of areas in nonattainment with the NAAQS. In FY 2022, EPA will work with states to prioritize activities needed to meet obligations for SIP development and in implementing their plans for 650 ------- attaining and maintaining the NAAQS and achieving regional haze goals and identifying streamlining options. EPA will maximize use of its web-based State Planning Electronic Collaboration System (SPeCS) to review draft SIPs from state air agencies, and to track and process state submittals. States are encouraged to engage with EPA early in their SIP development processes, so EPA has enough time to provide feedback on SIPs prior to formal submission to EPA for review. Air Monitoring Networks The Nation's ambient air quality monitoring network, an essential element of the Agency's environmental infrastructure, serves as the foundation for the air quality management and control programs. States will continue to operate and maintain their ambient air monitoring networks with technical assistance and program support from EPA. The largest part of a state's overall air program includes the collection, analysis, quality assurance, and submittal of ambient air quality data. EPA also proposes to transition the funding of the PM2.5 monitoring network from Section 103 authority of the CAA, which provides 100 percent federal funding, to Section 105 authority of the CAA, which provides a maximum federal share of 60 percent. The states will work with EPA to develop and implement a community air quality monitoring and notification program to provide real-time data to the public in areas with greatest exposure to harmful levels of pollution. The President's FY 2022 budget request in EPM: Federal Support for Air Quality Management includes $100 million for a new community air quality monitoring and notification program to support efforts to deliver environmental justice for overburdened and marginalized communities. The states will collaborate with EPA to initiate the development and implementation of an air quality monitoring modernization plan to better meet the additional information needs of air quality managers, researchers, and the public. Air Permitting Programs In FY 2022, states with approved or delegated air permitting programs will implement these programs. EPA will provide technical assistance, as needed. Emissions Inventories The development of a complete quality assured emission inventory is an important step in an air quality management process. These inventories are used to help determine significant sources of air pollutants and establish emission trends over time, target regulatory actions, and estimate air quality through dispersion and photochemical modeling. An emission inventory includes estimates of the emissions from various pollution sources in a specific geographical area. In FY 2022, states will continue to develop inventories and submit data to EPA for the next release of the National Emissions Inventory (NEI). EPA plans to release the 2020 NEI in calendar year 2023. Air Quality Forecasts The program supports state and local air agency capabilities to provide air quality forecasts for ozone and PM2.5 that provide the public with information they can use to make daily lifestyle decisions to protect their health. This information allows people to take precautionary measures to avoid or limit their exposure to unhealthy levels of air quality. In addition, many communities use 651 ------- forecasts for initiating air quality "action" or "awareness" days. EPA will update data to allow for state and local agencies to provide important public health information to the public. State and Local Air Toxics Efforts The program also supports state and local efforts to characterize air toxics problems and take measures to reduce health risks from air toxics. This funding also supports characterization work that includes collection and analysis of emissions data and monitoring of ambient air toxics. In FY 2022, funds will support the National Air Toxics Trends Stations (NATTS), consisting of 26 air toxics monitoring sites and including the associated quality assurance, data analysis, and methods support. Subject to availability, EPA anticipates funds will support the community-scale air toxics grant competition. Visibility Improvement In FY 2022, EPA will review regional haze SIPs for the second planning period to ensure that states are making reasonable progress towards their visibility improvement goals, consistent with statutory obligations. The first State plans for improving visibility in our national parks and wilderness areas were due in December 2007. 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. Air Quality Training In FY 2022, states and multi-jurisdictional organizations will use this funding to establish and maintain training priorities for air quality-related subjects; develop new and update existing air quality-related training materials; and, provide classroom and other types of training for air quality professionals. The increased funding for FY 2022 will expand these important programs and help accelerate immediate on-the-ground efforts to reduce greenhouse gases, such as expanding deployment of renewable energy sources and energy efficiency programs; capping of oil and gas wells to reduce VOC and methane emissions; developing policies and programs to facilitate build-out of electric vehicle (EV) charging station infrastructure; increasing air quality monitoring in environment justice areas: and supporting programs to improve transportation options and reduce disproportionate exposure to traffic emissions in disadvantaged communities. Performance Measure Targets: Work under this program supports performance results in the Federal Support for Air Quality Management under the EPM appropriation. EPA is currently evaluating its suite of measures and indicators related to environmental justice and climate change, including available data and programs where improved data sets are needed to develop useful performance measures for Environmental Justice and Climate Change Programs. Measures are under development in this program to address environmental justice and climate change. 652 ------- FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$92,000.0) This program change is an increase that will help expand the efforts of air pollution control agencies to implement their programs and to accelerate immediate on- the-ground efforts to reduce greenhouse gases, such as expanding deployment of renewable energy sources and energy efficiency programs; capping of oil and gas wells to reduce VOC and methane emissions; developing policies and programs to facilitate build-out of EV charging station infrastructure; increasing air quality monitoring in environmental justice areas: and supporting programs to improve transportation options and reduce disproportionate exposure to traffic emissions in disadvantaged communities. Statutory Authority: Clean Air Act §§ 103, 105, 106. 653 ------- Categorical Grant: Toxics Substances Compliance Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants v?..sri.v .S-/, '(>0.0 S-Z.fi'5x0 SV.\0 Total Budget Authority $3,871.9 $4,760.0 $4,855.0 $95.0 Program Project Description: The Toxic Substances Control Act (TSCA) Compliance Monitoring Program builds environmental partnerships39 with states, tribes, and territories to strengthen their ability to address environmental and public health threats from toxic substances. This assistance is used to prevent or eliminate unreasonable risks to human health or the environment and to ensure compliance with toxic substance regulations. The grants support inspection programs associated with lead-based paint (§402(a), §406(b), and the Renovation, Repair, and Painting Rule), the Asbestos Hazard Emergency Response Act (AHERA), and Polychlorinated biphenyls (PCBs). FY 2022 Activities and Performance Plan: Work in this program directly supports the Administration's priorities, including compliance monitoring programs to prevent or eliminate unreasonable risks to health or the environment associated with chemical substances such as asbestos, lead-based paint, and polychlorinated biphenyls (PCBs), and to encourage states to establish their own compliance and enforcement programs for lead-based paint and asbestos. EPA may provide funding for compliance monitoring grants to states and tribes under TSCA to conduct inspections to ensure compliance with the Asbestos-in-Schools requirements, the Model Accreditation Plan (MAP), Asbestos Ban and Phase Out Rule, the TSCA Asbestos Worker Protection Rule, lead-based paint regulations, and PCB regulations. For states with asbestos waiver or lead-based paint programs, these grants also fund enforcement activities. In FY 2022, EPA also will continue to award state and tribal assistance grants to aid in the implementation of compliance and enforcement provisions of TSCA. In recent years, the Agency has consulted with its state partners in the development of a new allocation formula for the TSCA State and Tribal Assistance Grants. EPA began implementing the new formula in FY 2019 and is on target for completing the three-year phased approach in FY 2021. In FY 2022 and beyond, the new fully implemented weighted formula will continue to better align the distribution of funding with the national program priorities including reducing risks from: 1) lead poisoning or elevated blood-lead levels; 2) exposure to asbestos; and 3) exposure to PCBs. The assistance grants will help rebuild programmatic capabilities between EPA and partner agencies, and support delivering environmental justice for overburdened and marginalized communities. 39 For additional information, please refer to: https://www.epa.gov/compliance/toxic-substances-compliance-monitoring-grant- guidance-fiscal-vear-2020. 654 ------- 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): (+$95.0) This program change will support state and tribal partners' compliance and enforcement activities, including providing support for delivering environment justice for overburdened and marginalized communities. Statutory Authority: Toxic Substances Control Act. 655 ------- Categorical Grant: Tribal Air Quality Management Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants SI3.WO.V .s IJt.-llxH S 21.-11x0 SS. 000.0 Total Budget Authority $13,990.9 $13,415.0 $21,415.0 $8,000.0 Program Project Description: American Indians and Alaskan Natives are disproportionately impacted by air pollution and climate change. They have a higher rate of asthma, diabetes, heart disease and chronic obstructive pulmonary disease (COPD) than the general population. Wildfire season has consistently intensified over the past few years due to climate change and extreme weather conditions which has led to an increase in ambient and indoor air pollution and exacerbated the health of tribal communities. Across the Nation, tribal air issues vary from permitting sources on-reservation, to monitoring for criteria air pollutants, to participating in local, state, regional, and national air quality work groups. In addition to performing emissions inventories and monitoring, other program tasks include addressing indoor air quality issues, and reviewing and commenting on permits issued by other agencies. This program includes funding for tribes and tribal air pollution control agencies implementing projects and programs to address air pollution issues in Indian Country. Using Section 105 authority of the Clean Air Act (CAA), tribal agencies may develop and implement programs for the prevention and control of air pollution and implementation of primary and secondary National Ambient Air Quality Standards (NAAQS). Using Section 103 authority of the CAA, tribal agencies, colleges, universities, and multi-tribe jurisdictional air pollution control agencies may conduct and promote research, investigations, experiments, demonstrations, surveys, studies, and training related to ambient or indoor air pollution in Indian Country. EPA provides technical assistance and resources to help tribes build their program capacity and ensure successful project completion. Tribes use these resources to perform emissions inventories, monitor air quality and implement regulatory, voluntary and education and outreach programs for their citizens, who are among the most environmentally at-risk populations in the country. Currently only 47 tribes have Section 105 grants and 74 tribes have Section 103 grants. FY 2022 Activities and Performance Plan: Tribes will assess environmental and public health conditions in Indian Country by developing emission inventories and, where appropriate, siting and operating air quality monitors. Tribes will continue to develop and implement air pollution control programs for Indian Country to prevent and address air quality concerns, including combating the effects of climate change. EPA will continue to fund organizations for the purpose of providing technical support, tools, and training for tribes to build capacity to develop and implement programs. 656 ------- Currently, there are 577 federally recognized tribes. Of those, 63 tribes have treatment in a manner similar to a state status or Treatment as a State with regard to implementing functions pertaining to the management and protection of air resources within reservation boundaries or other areas under the tribe's jurisdiction, for which they have received approval. In addition, EPA awards financial support under the CAA to help build tribal knowledge and increase tribes' capacity to manage air quality issues and encourages tribes to partner with EPA to carry out CAA protections within reservations, tribal communities, and tribal communities that may be disproportionately affected. In FY 2022, a key activity is to work to reduce the number of days in violation of the NAAQS. This program supports the Agency's priority of building stronger partnerships with individual tribes and with the National Tribal Air Association, whose priorities include tribes' participation in the Agency's policy and rule development and the Tribal Air Monitoring Support (TAMS) Center. The TAMS Center supports the tribes' ability to collect and provide monitoring data to protect the health of their tribal members. Tribes also will focus on increasing the number of tribes with emissions inventories. This will increase a tribe's knowledge on how to best protect their citizens. Tribes also will focus on implementation of nonregulatory and voluntary programs, as well as education and outreach programs. These will assist with pollution reduction while creating a more informed citizenship. In FY 2022, this program also will support modernization of the tribal monitoring networks and promote collaboration with EPA and state and local air agencies on efforts to initiate the development and implementation of an air quality monitoring modernization plan. The Clean Air Status and Trends Network (CASTNET) has enhanced tribal monitoring capacity by supporting seven sites on tribal lands and training the site operators. In FY 2022, the Agency will continue to build community partnerships by installing additional tribal CASTNET monitoring sites, providing near real-time air quality data and the ability to assess ecological impacts from atmospheric deposition of air pollutants. The increased funding for FY 2022 will expand these important programs and help accelerate immediate on-the-ground efforts to reduce greenhouse gases, such as expanding deployment of renewable energy sources and energy efficiency programs; capping of oil and gas wells to reduce VOC and methane emissions; developing policies and programs to facilitate build-out of electric vehicle (EV) charging station infrastructure; increasing air quality monitoring in environmental justice areas: and supporting programs to improve transportation options and reduce disproportionate exposure to traffic emissions in disadvantaged communities. Performance Measure Targets: Work under this program supports performance results in the Federal Support for Air Quality Management Program under the EPM appropriation. 657 ------- FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$8,000.0) This program change is an increase that will help expand the efforts of tribes and tribal air quality control agencies to implement their programs and to accelerate immediate on-the-ground efforts to reduce greenhouse gases, such as expanding deployment of renewable energy sources and energy efficiency programs; capping of oil and gas wells to reduce VOC and methane emissions; and developing policies and programs to facilitate build-out of EV charging station infrastructure. The increase also will support additional air quality monitoring in environmental justice areas and programs to improve transportation options and reduce disproportionate exposure to traffic emissions in Tribes. Statutory Authority: Clean Air Act §§ 103, 105. 658 ------- Categorical Grant: Tribal General Assistance Program Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants v» "J.s'y.i SM. 250.0 s ",5'xo S11..12x0 Total Budget Authority $67,289.5 $66,250.0 $77,575.0 $11,325.0 Program Project Description: In 1992, Congress established the Indian Environmental General Assistance Program (GAP), a program that provides grants and technical assistance to tribes to plan, develop, and establish tribal environmental protection programs consistent with other applicable provisions of law administered by EPA. The Agency works collaboratively with tribal partners on mutually identified environmental and public health priorities to achieve these aims. Funding provided under the GAP is for the administrative, technical, legal, enforcement, communication, and outreach capacities tribes need to effectively administer environmental regulatory programs that EPA may delegate to tribes. GAP funds also may be used to assist in the development and implementation of solid and hazardous waste programs for Indian lands, including solid waste service delivery costs. Please see https://www.epa.gov/tribal/indian-environmental-general- assistance-program-gap for more information. Some uses of GAP funds include: Assessing the status of a tribe's environmental conditions; Developing appropriate environmental programs, codes, and ordinances; Developing the capacity to administer environmental regulatory programs that EPA may delegate to a tribe; Conducting public education and outreach efforts to ensure that tribal communities (including non-members residing in Indian Country) are informed and able to participate in environmental decision-making; and Establishing tribal program capacity to communicate and coordinate with federal, tribal, state, and local government officials on environmental and public health actions and issues. GAP supports tribal capacity development through financial assistance to approximately 525 tribal governments and inter-tribal consortia. GAP has helped tribes receive 95 program delegations to administer a variety of programs across a number of statutes, including the Clean Water Act, Safe Drinking Water Act, and the Clean Air Act. Tribes also have developed capacity to assist EPA in implementing federal environmental programs in the absence of an EPA-approved tribal program through Direct Implementation Tribal Cooperative Agreements (DITCAs). As of FY 2021, there are 15 active DITCAs supporting EPA's direct implementation activities. Furthermore, GAP funds have helped to train tribal government inspectors who are able to conduct compliance monitoring activities under tribal laws and may have EPA federal inspector credentials. In addition, GAP also supports tribes with the development of their waste management programs with 267 tribes having Integrated Waste Management Plans. 659 ------- FY 2022 Activities and Performance Plan: In FY 2022, GAP grants are essential to assisting tribal governments in developing environmental protection program capacity to assess environmental conditions, use relevant environmental information to improve long-range strategic environmental program development planning, and develop programs tailored to tribal government needs consistent with those long-range strategic plans. In addition, EPA will strategically invest $10 million to address inequities to promote environmental justice. This will include funding to assist tribes in developing public participation programs and solid waste infrastructure, as well as furthering equities in Indian country by identifying opportunities for increased direct implementation collaboration. In FY 2022, the Agency will continue to implement GAP under a national framework set forth in program guidance and maintain an emphasis on training (internal and external) to support nationally consistent GAP guidance interpretation and implementation. In supporting a strong GAP management framework (as referenced under Tribal Capacity Program), EPA will continue to establish and refine tools to track the progress tribes achieve toward developing and implementing environmental protection programs in Indian Country. A revised GAP national framework as defined in new guidance is anticipated to be final for implementation in FY 2023. Performance Measure Targets: EPA is currently evaluating its suite of measures and indicators related to Environmental Justice, including available data and programs where improved data sets are needed to develop useful performance measures for Environmental Justice Programs. Measures are under development in this program to address environmental justice FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$11,325.0) This program increase is to support additional grant funding to federally recognized tribes and tribal consortia for planning, developing, and establishing environmental protection programs in Indian country and implementing solid and hazardous waste programs. This strategic investment will address inequities by promoting environmental justice and public participation in programs being developed. Statutory Authority: Indian Environmental General Assistance Program Act. 660 ------- Categorical Grant: Underground Injection Control (UIC) Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants SI0J-V.5 .s 11.1 (>-1.0 SI 1JS'.0 S223.0 Total Budget Authority $10,379.5 $11,164.0 $11,387.0 $223.0 Program Project Description: EPA's Underground Injection Control (UIC) Grant Program funds federal, state, and tribal government agencies that oversee underground injection activities to prevent contamination of underground sources of drinking water from fluid injection practices, as established by the Safe Drinking Water Act (SDWA). EPA regulates the permitting, construction, operation, and closure of injection wells used to place fluids underground for storage, disposal, enhanced recovery of oil and gas, and mineral recovery. EPA provides grants to states and tribes that have primary enforcement authority (primacy) to implement and manage UIC programs and ensure safe injection well operations that prevent contamination of underground sources of drinking water. Eligible tribes that demonstrate an intent to achieve primacy also may receive grants for the initial development of UIC programs and be designated for "treatment as a state" if their programs are approved. Where a jurisdiction does not have primacy, EPA uses these funds for direct implementation of federal UIC requirements. FY 2022 Activities and Performance Plan: The FY 2022 request will support implementation of the UIC Program, which manages approximately 743,000 injection wells40 across six well types to protect groundwater resources. EPA directly implements UIC programs in seven states and two territories and shares responsibility in eight states and with two tribes. EPA also administers the UIC programs for all other tribes and for Class VI wells in all states but North Dakota and Wyoming.41 EPA will continue its support of state oil and gas programs as they implement or assume responsibility for UIC Class II programs. The UIC Program is improving efficiency by reducing the UIC permit application processing time to 180 days or fewer and will continue implementing the recently developed UIC well permit review process. For the UIC Program, this includes applying identified permit review and processing efficiencies from the Class II effort to all other well classes, modifying common definitions, as appropriate, to provide greater clarity for all well classes so that improvements in processing permit applications can be attained. As of March 2021, the backlog of EPA-issued new UIC permits, currently 22, continues to be less than the 2019 baseline of 36. 40As represented in FY 2019 annual inventory. 41 For more information, please visit: https://www.epa.gov/uic/primarv-enforcement-authoritv-underground-iniection-control- program. 661 ------- Performance Measure Targets: Work under this program supports performance results in the Drinking Water Programs under the EPM appropriation and mitigation of climate change to support safe drinking water for the Nation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$223.0) This program change increases resources to support EPA's state and tribal partners through the Underground Injection Control Grant Program. Statutory Authority: Safe Drinking Water Act § 1443. 662 ------- Categorical Grant: Underground Storage Tanks Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants SI.4(tH.5 SI. S 1.50x0 SJO.O Total Budget Authority $1,468.5 $1,475.0 $1,505.0 $30.0 Program Project Description: EPA's Underground Storage Tanks (UST) State and Tribal Assistance Grant (STAG) program provides funding for grants to states under the Solid Waste Disposal Act to improve and enhance UST programs. STAG funds may be used for prevention activities that are not specifically spelled out in the Energy Policy Act (EPAct) of 2005 and are used by states that do not have sufficient state resources to fund these core programs. STAG funds are used by states42 to fund such activities as: applying for state program approval to operate the UST Program in lieu of the federal program, updating UST regulations, and providing compliance assistance. FY 2022 Activities and Performance Plan: Due to the increased emphasis on inspections and release prevention requirements, EPA has consistently met the yearly goal to minimize the number of confirmed releases. In FY 2020, there were 4,944 reported releases reflecting a downward trend from 6,847 in FY 2014 and 5,678 in FY 2017. As of FY 2020, 22 states and territories have reported compliance with the UST Technical Compliance Rate (TCR) measure, which came about after the UST rule was revised in 2015. The TCR includes new compliance measures for spill prevention and overfill requirements, as well as additional leak detection requirements. In FY 2020, EPA reported a TCR rate of 58 percent, a significant improvement from the 44 percent rate from FY 2019. The remaining states and territories will continue to report the Significant Operational Compliance (SOC) rate until they reach their respective UST state regulation effective dates and move to TCR. In FY 2020, EPA reported an SOC rate of 68 percent, which mirrors the results from FY 2019.43 EPA has been working with states to both update their state regulations as appropriate and to reapply for state program approval (SPA). EPA anticipates that all states with SPA will have program renewal by the end of FY 2022. In addition, EPA anticipates several new states will apply and be approved for SPA for the first time by the end of FY 2022. 42 States as referenced here also include the District of Columbia and five territories as described in the definition of a state in the Solid Waste Disposal Act. 43 More information on performance measures can be found at https://www.epa.gov/ust/ust-performance-measures. 663 ------- Performance Measure Targets: Work under this program supports performance results in the LUST Prevention program under the LUST appropriation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$30.0) This program change increases support for EPA's state and tribal partners through the UST STAG Program. Statutory Authority: Solid Waste Disposal Act § 2007(f); Consolidated Appropriations Act, 2021, Pub. L. 116-260. 664 ------- Categorical Grant: Wetlands Program Development Program Area: Categorical Grants (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants SI2.V22.' SI-I.I'J 2.0 S1-1,-1 ~f>.(l S2S-I.0 Total Budget Authority $12,922.7 $14,192.0 $14,476.0 $284.0 Program Project Description: The Wetlands Program Development Grants Program assists states, tribes, and local governments with building or enhancing their wetland protection and restoration programs. Program grants are used to develop new or refine existing state and tribal wetland programs in one or more of the following areas: 1) monitoring and assessment; 2) voluntary restoration and protection; 3) regulatory programs, including Clean Water Act (CWA) Section 401 certification and Section 404 assumption;44 and 4) wetland water quality standards. States and tribes develop program elements based on their goals and resources. The grants support development of state and tribal wetland programs that further the goals of CWA and improve water quality in watersheds throughout the country. The grants are awarded on a competitive basis under the authority of Section 104(b)(3) of CWA. The grant funding is split among EPA's ten regional offices according to the number of states and territories per region. Each region is required, by regulation, to compete the award of these funds to states, tribes, local governments, interstate agencies, and inter-tribal consortia.45 In addition, EPA sets aside ten percent of the appropriation for a grant competition specifically for tribes and inter-tribal consortia. FY 2022 Activities and Performance Plan: In FY 2022, EPA will continue to assist states and tribes in their efforts to protect and manage wetlands through documenting stresses or improvements to wetland condition; developing tools for wetland restoration and the use of natural infrastructure to mitigate flooding hazards; investigating opportunities to factor in climate change and environmental justice in decision- making; and developing regulatory controls to avoid, minimize, and compensate for wetland impacts. 44 State and tribal assumption of CWA Section 404 is an approach that can be useful in streamlining 404 permitting in coordination with other environmental regulations. When states or tribes assume administration of the federal regulatory program, Section 404 permit applicants seek permits from the state or tribe rather than the federal government. States and tribes are in many cases located closer to the proposed activities and are often more familiar with local resources, issues, and needs. Even when a state assumes permitting under Section 404, the Army Corps of Engineers retains jurisdiction for a certain portion of waters under the CWA as well as those waters subject to Section 10 of the River and Harbors Act for permits. 45 For more information, please see: http://water.epa.gov/grants funding/wetlands/estp.cfm. 665 ------- 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): (+$284.0) This program change increases resources to support EPA's state and tribal partners through the Wetlands Program Development Grants Program. Statutory Authority: Clean Water Act § 104(b)(3). 666 ------- State and Tribal Assistance Grants (STAG) 667 ------- Diesel Emissions Reduction Grant Program Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S W.I.W.I S^O.000.0 SI 50.000.0 ShO.000.0 Total Budget Authority $99,130.1 $90,000.0 $150,000.0 $60,000.0 Program Project Description: The Diesel Emissions Reduction Act (DERA) Grant Program provides support for emission reductions from existing diesel engines through engine replacements, including zero emission replacements, retrofits, and rebuilds; switching to cleaner fuels; idling reduction; and other emission reduction strategies. The DERA Program was initially authorized in Sections 791-797 of the Energy Policy Act of 2005 and reauthorized by the Diesel Emission Reduction Act of 2010 and in the Consolidated Appropriations Act of 2021. Diesel engines are the modern-day workhorse of the American economy (e.g., goods movement, construction, public transportation). Diesel engines are extremely efficient and power nearly every major piece of equipment on farms, construction sites, in ports, and on highways. As the Agency's heavy-duty highway and nonroad diesel engines emissions standards came into effect in 2007 and 2008 respectively, new cleaner diesel engines started to enter the Nation's fleet. However, there are nearly 10 million older engines in use that will continue to emit large amounts of nitrogen oxides and particulate matter, including black carbon.46 DERA grants accelerate the pace at which dirty engines are retired or retrofitted. EPA's DERA Program promotes strategies to reduce these emissions and protect public health by working with air quality professionals, environmental and community organizations, manufacturers, fleet operators, tribes, and state and local officials. DERA funding provides both a public health and climate benefit and can be directed to areas with the greatest need. DERA funding is targeted to areas with air quality challenges47 and grants funding is prioritized for projects that benefit communities with environmental justice concerns. School buses provide the safest transportation to and from school for more than 25 million American children. However, diesel exhaust from these buses has a negative impact on human health, especially for children, whose lungs are not yet fully developed and who have a faster breathing rate than adults.48 Ports are places where large concentrations of diesel equipment often converge - including ships, trucks, rail, and non-road machinery. The near-port communities that bear the brunt of air pollution from these diesel engines are often comprised of low-income populations and people of color. These residents can be exposed to air pollution associated with emissions from diesel engines at ports including particulate matter, nitrogen oxides, ozone, and air toxics, which can contribute to 46 DERA Fourth Report to Congress. https://www.epa.gov/sites/production/files/2019-07/documents/420rl90Q5.pdf. 47 DERA Fourth Report to Congress, https://www.epa. gov/sites/production/files/2019-07/documents/420rl 9005 .pdf. 48 For more information, please visit: https://www.epa.gov/dera/reducing-diesel-emissions-school-buses. 668 ------- significant health problems, including premature mortality, increased hospital admissions for heart and lung disease, increased cancer risk, and increased respiratory symptoms, especially for children, the elderly, outdoor workers, and other sensitive populations. EPA estimates that each federal dollar invested in clean diesel projects has leveraged as much as $3 from other government agencies, private organizations, industries, and nonprofit organizations, generating between $11 and $30 in public health benefits. Each federal dollar invested in DERA also results in over $2 in fuel saving.49 FY 2022 Activities and Performance Plan: The 2022 Budget begins the process of addressing the climate crisis. Taking into account the Diesel Emissions Reduction Act Program's continuing role in advancing environmental justice and tackling the climate crisis, EPA will evaluate the Diesel Emissions Reduction Act Program to identify the appropriate actions the agency can take to support this policy objective in the 2023 Budget, as outlined in Executive Order 14008, Tackling the Climate Crisis at Home and Abroad. Work in this Program directly supports Executive Order 14008: Tackling the Climate Crisis at Home and Abroad and its Justice40 Initiative to target 40 percent of the benefits of climate investments to disadvantaged communities. In FY 2022, EPA will continue to target its funds to direct DERA grants and rebates to reduce diesel emissions in priority areas of highly concentrated diesel pollution to tackle the climate change crisis, with a primary focus on school buses, ports, and areas with environmental justice concerns. In FY 2022, EPA will increase efforts to support rebates for alternative-fuel and electric bus replacements as part of ongoing work to equip local school districts with cleaner-running buses. In FY 2020, applicants scrapping and replacing diesel buses with engine model years 2006 and older received rebates between $20,000 and $65,000 per bus, depending on the fuel type of the replacement bus. Among the hundreds of rebates awarded to schools, more than a dozen rebates supported the purchase of state-of-the-art zero emission electric buses for schools as a part of the DERA School Bus Rebate Program. In FY 2022, EPA will prioritize funding for school bus replacements, particularly for alternative-fuel and electric school bus replacements. The DERA Grant Program also will prioritize projects that provide a health benefit to residents of communities near centers of goods movement and projects that benefit areas with environmental justice concerns by awarding points to projects that engage affected communities and directly address their needs and concerns. Priority is given to projects that will benefit communities near goods movement facilities like ports that receive a disproportionate quantity of air pollution from diesel fleets. Further priority is given to projects whose leaders engage and partner with affected communities with environmental justice concerns to directly address those needs and concerns. EPA encourages prospective DERA grant applicants to take advantage of a series of community- port collaboration materials,50 published by EPA's Ports Initiative, including case studies on four 49 DERA Fourth Report to Congress, https://www.epa. gov/sites/production/files/2019-07/documents/420rl 9005 .pdf. 50 For more information, please visit: https://www.epa.gov/communitv-port-collaboration/communitv-port-collaboration-toolkit. 669 ------- community-port collaboration pilot projects that took place in Seattle, New Orleans, Savannah, and Providence.51 Using the formula outlined in the Energy Policy Act of 2005, eligible states and territories are offered 30 percent of the annual DERA appropriation to implement projects under the DERA State Grants Program. The remaining DERA funding is awarded to rebates and competitive grants. Through the DERA School Bus Rebate Program, the Agency will efficiently and precisely target funds toward improving children's health and turning over the Nation's school bus fleet with new, cleaner buses. Through the DERA National Grants and the DERA Tribal and Insular Area Grants, the Agency will competitively award grants focusing on areas with poor air quality, especially those impacted most severely by emissions from ports and goods movement. Priority for funding also is given to projects benefitting communities with environmental justice concerns and projects which engage communities in the design and performance of the project. EPA will continue to track, assess, and report the results of DERA grants, such as numbers of engines, emissions benefits, and cost-benefit information.52 Further, EPA will continue to provide diesel emission reduction technology verification and evaluation and provide that information to the public.53 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): (+$60,000.0) This program change increases the DERA grant funding available for grants and rebates to reduce harmful diesel emissions and tackle the climate change crisis, with a focus on priority areas including school buses, ports, and communities with environmental justice concerns. Statutory Authority: The Diesel Emissions Reduction Program is authorized by Title VII, Subtitle G of the Energy Policy Act of 2005, 42 USC 16131, et seq., as amended. 51 For more information, please visit: https://www.epa.gov/ports-initiative/case-studies-improving-environmental-performance- and-economic-prosperitv-ports-and. 52 List of all grant awards under DERA can be found at https://www.epa.gov/cleandiesel/clean-diesel-national-grants. 53 For more information, please visit: https://www.epa.gov/cleandiesel. 670 ------- Brownfields Projects Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S V-1.203.0 .S 'JO.'AS 2.0 SI30.'),S2.0 S -40.000.0 Total Budget Authority $94,203.0 $90,982.0 $130,982.0 $40,000.0 Program Project Description: The Brownfields Program awards grants and provides technical assistance to help states, tribes, local communities, and other stakeholders involved in environmental revitalization and economic redevelopment to work together to plan, inventory, assess, safely cleanup, and reuse brownfields. Approximately 143 million people (roughly 44 percent of the U.S. population) live within three miles of a brownfields site that received EPA funding.54 This idle land drags down property values and can slow a local economy. Brownfields redevelopment is a key to revitalizing main streets, neighborhoods, and rural communities; increasing property values and creating jobs, especially for those environmental justice and persistent poverty communities that are often left out of economic and environmental revitalization. Important environmental impacts of brownfields cleanup and redevelopment include improved water quality associated with reduced runoff from storm water and nonpoint pollutant sources, and improved air quality associated with reduced greenhouse gas emissions from vehicle travel.55 Since its inception, the Brownfields Program has fostered a community-driven approach to the reuse of contaminated sites. As of April 2021, grants awarded by the Program have led to over 142,000 acres of idle land made ready for productive use and over 176,800 jobs and $34.5 billion leveraged.56 By awarding brownfields grants, EPA makes investments in communities so that they can realize their own visions for land reuse, infrastructure development, economic growth, and job creation. The Brownfields Program directly supports President Biden's Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (January 27, 2021).57 Under this program, EPA will focus on core activities, providing funding for: 1) assessment cooperative agreements and Targeted Brownfields Assessments (TBAs); 2) cleanup and multipurpose cooperative agreements; and 3) research, training, and technical assistance to communities for brownfields-related activities, including land revitalization assistance, environmental workforce development, and job training cooperative agreements. 1 U.S. EPA, Office of Land and Emergency Management 2020. Data collected includes: (1) Superfund, Brownfield, and RCRA Corrective Action site information as of the end of FY 2019; (2) UST/LUST information as of late-2018 to mid-2019 depending on the state; and (3) 2015-2018 American Community Survey (ACS) Census data. 55 Brownfields Program Environmental & Economic Benefits, please refer to: https://www.epa.gov/brownfields/brownfields-program-environmental-and-economic-benefits. 56 EPA's ACRES database. 57 For additional information, please refer to: https://www.whitehouse.gov/briefmg-room/presidential- actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/. 671 ------- A 2017 study found that housing property values increased 5 to 15.2 percent near brownfield sites when cleanup was completed.58 Analysis of the data near 48 brownfields sites shows that an estimated $29 to $97 million in additional tax revenue was generated for local governments in a single year after cleanup. This is 2 to 7 times more than the $12.4 million EPA contributed to the cleanup of those brownfields.59 In addition, based on historical data provided by the Assessment Cleanup and Redevelopment Exchange System (ACRES) database, $1 of EPA's Brownfields funding leverages $20.13 in other public and private funding.60 FY 2022 Activities and Performance Plan: In FY 2022, EPA requests an increase of $40 million, as part of the Administration's $1.8 billion request, targeted to advance environmental justice in tandem with climate work. This investment will align with the President's Environmental Justice Executive Order by stimulating economic opportunity and environmental revitalization in more than 400 historically overburdened communities. These resources will build on current work to revitalize communities across the country by providing financial and technical assistance to assess, cleanup, and plan reuse at brownfields sites. In FY 2020, EPA made 809 additional brownfields sites ready for anticipated use. The Brownfields Program will continue to foster federal, state, tribal, local, and public-private partnerships to return properties to productive economic use, including in historically disadvantaged and environmental justice communities. The activities described below will leverage approximately 13,400 jobs and $2.6 billion in other funding sources.61 Funding will support at least 117 assessment cooperative agreements that recipients may use to inventory, assess, and conduct cleanup and reuse planning at brownfields sites. Approximately 1,000 site assessments will be completed under these agreements, including in communities affected by the retirement of coal-fired power plants. EPA will provide funding for TBAs in up to 120 communities without access to other assessment resources or those that lack the capacity to manage a brownfields assessment grant. There is special emphasis for small, rural, and disadvantaged communities to submit requests for this funding to ensure equal access to brownfields assessment resources. These assessments will be performed through contracts and interagency agreements. Funding will support 26 direct cleanup cooperative agreements to enable eligible entities to clean up recipient owned properties. The Agency will provide funding for approximately 16 new Revolving Loan Fund (RLF) cooperative agreements. This funding enables recipients to make loans and subgrants for the cleanup of brownfield sites and establishes a sustainable RLF program. In addition, the Agency will provide supplemental funding to approximately 41 existing high performing 58Haninger, K., L. Ma, andC. Timmins. 2017. The Value of Brownfield Remediation. Journal of the Association of Environmental and Resource Economists, 4(1): 197-241, httvs://www. journals, uchicaso.edu/doi/vdfvlus/10.1086/689743. 59 Sullivan, K. A. 2017. Brownfields Remediation: Impact on Local Residential Property Tax Revenue. Journal of Environmental Assessment Policy and Management, 19(3), http://dx.doi.org/10.1142/S1464333217500132. 60 For more information, please visit www, epa. gov/brownfields. 61 U.S. EPA, Office of Land and Emergency Management Estimate. All estimates of outputs and outcomes are supported by the data that is entered by cooperative agreement recipients via EPA's ACRES database. 672 ------- RLF recipients. These awards will lead to approximately 82 additional sites cleaned up, with a particular focus on cleanups in disadvantaged communities. Funding will support 15 Environmental Workforce Development & Job Training (EWDJT) cooperative agreements. This funding will provide environmental job training for citizens to take advantage of new jobs created as a result of brownfield assessment, cleanup, and revitalization in their communities. These awards will lead to approximately 735 people trained and 510 placed in jobs. Funding also will support training, research, technical assistance cooperative agreements, interagency agreements, and contracts to support states, tribes, and communities for both the Brownfields and Land Revitalization programs and other assistance mechanisms, as authorized under CERCLA 104(k)(7). Funding will be provided for technical assistance to an estimated 50 small and disadvantaged communities. All estimates of outputs and outcomes are supported by the data that is entered by cooperative agreement recipients via the ACRES database and analyzed by EPA. Maintenance of ACRES focuses on the input of high-quality data, and robust analysis regarding program outcomes and performance will continue to be priorities during FY 2022. Performance Measure Targets: (PM B30) Number of brownfields sites made ready for anticipated use. FY 2021 Target FY 2022 Target 684 684 (PM B37) Billions of dollars of cleanup and redevelopment funds leveraged at brownfields sites. FY 2021 Target FY 2022 Target 1.3 1.3 FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$40,000.0) This program change is an increase to supports the cleanup of sites, with a particular focus on those in disadvantaged communities. The investment will stimulate economic development and promote environmental revitalization. $15 million is designated for quality cooperative agreements targeted at communities affected by the retirement of coal-fired power plants. Statutory Authority: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §§ 101(39) and 104(k). 673 ------- Infrastructure Assistance: Alaska Native Villages Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S20JSf).0 sjo.iso.n S(U) Total Budget Authority $29,186.0 $36,186.0 $36,186.0 $0.0 Program Project Description: The Alaska Rural and Native Village (ANV) Program reduces disease and health care costs by providing critical basic drinking water and sanitation infrastructure (e.g., flushing toilets and running water) in vulnerable rural and Native Alaskan communities that lack such services disproportionately when compared to the rest of the country. Alaskan rural and native water and sewer systems face not only the typical challenges associated with small system size, but also the challenging climactic and geographic conditions, such as permafrost, shortened construction seasons, and extremely remote locations. ANV communities look to EPA as a last-resort funding source when they or the State of Alaska are not able to fully finance the needed water infrastructure improvements. The Program serves communities that often lack the debt capacity to apply for other funding sources, including EPA State Revolving Loan Funds. The Indian Health Service's (IHS) December 2020 analysis illustrate the need to assist these communities - the IHS identified $308 million of need for water and wastewater infrastructure in Alaska in FY 2020. Many communities on the prioritized list have not been able to advance their projects due to lack of funding. EPA's grant to the State of Alaska funds improvements and construction of drinking water and wastewater treatment facilities for these small and disadvantaged communities. Investments in wastewater and drinking water infrastructure in rural Alaskan communities contributed to an increase of access to water and sewer service from 69 percent in the late 1990s to 96.9 percent in 2020.62 While the gains in the Program have been significant, ANV communities continue to trail behind the non-tribal/non-native population in the United States with access to water and sanitation. In Alaska, a significant percentage of native and rural serviceable households are without complete indoor plumbing. In addition to funding system upgrades and construction to address the challenges Alaskans face, the ANV Program also uniquely supports training, technical assistance, and educational programs to improve the financial management and operation and maintenance of sanitation systems. This 62 For more information please see: State of Alaska OMB Key Performance Indicators Department of Environmental Conservation https://www.omb.alaska.gov//html/performance/program-indicators.html?p=37&r=l. 674 ------- is done through leveraging prioritization and implementation expertise from the State of Alaska63 with ANV program funds. The ANV technical assistance program helps to improve the long-term sustainability of the rural water utilities, creating transferable job skills in construction and operation and maintenance activities. The ANV Program also has helped to nearly double the number of properly certified drinking water treatment plant operators in Alaskan rural villages since FY 1992, and the number of non-compliant systems has decreased by close to 80 percent since FY 2006.64 Since 2005, the ANV Program, in collaboration and combination with other federal agencies, has shown a significant increase in the number of projects and ANV homes with increased access to safe water and sanitation. FY 2022 Activities and Performance Plan: The FY 2022 request of $36.2 million will fund a portion of the need in rural Alaskan homes and maintain the existing level of wastewater and drinking water infrastructure that meets public health standards, given increased regulatory requirements on drinking water systems and the rate of construction of new homes in rural Alaska. Additionally, the request will continue to support training, technical assistance, and educational programs that protect existing federal investments in infrastructure by improving operation and maintenance of the systems. Improved operation and maintenance will improve system performance and extend the life of the asset. In FY 2022, the Agency will continue to work with the State of Alaska to address sanitation conditions and maximize the value of the federal investment in rural Alaska. EPA will continue to implement the Alaska Rural and Native Village "Management Controls Policy," adopted in June 2007, to ensure efficient use of funds by allocating them to projects that are ready to proceed or progressing satisfactorily. The Agency has made great strides in implementing more focused and intensive oversight of the ANV grant program through cost analyses, post-award monitoring, and timely closeout of projects. 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): There is no change in program funding. Statutory Authority: Safe Drinking Water Act Amendments of 1996 § 303; Clean Water Act § 1263a. 63 The State of Alaska uses a risk-based prioritization process to fund projects that will have the greatest public health and environmental benefit. Further, the State delivers these services to ANV communities by coordinating across federal agencies and Programs. 64 As reported by the State of Alaska Department of Environmental Conservation Remote Maintenance Worker Program outcome reports (November 2021). 675 ------- Infrastructure Assistance: Clean Water SRF Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S1.(>32J1X.2 SJ.fi3S.S2fi.fl SJ.S~fl.fiSfl.fi S2M.S5-I.fi Total Budget Authority $1,632,518.2 $1,638,826.0 $1,870,680.0 $231,854.0 Total Workyears 3.8 3.6 3.6 0.0 Program Project Description: The Clean Water State Revolving Fund (CWSRF) Program capitalizes state revolving loan funds in all 50 states and Puerto Rico to finance infrastructure improvements for public wastewater systems and projects to improve water quality. These funds directly support the Agency's goal to ensure waters are clean through improved water infrastructure and sustainable management. The CWSRF Program also implements American Iron and Steel65 (AIS) requirements, as required by law. The CWSRF Program is the largest source of federal funds for states to provide low-interest loans and other forms of assistance for water quality projects including construction of wastewater treatment facilities, water and energy efficiency projects, green infrastructure projects, and agricultural Best Management Practices (BMPs). This federal investment is designed to be used in concert with other sources of funds to address water quality needs.66 Other tools, such as additional subsidization, are available as part of the CWSRF Program to assist small and disadvantaged communities. The CWSRF Program is a key component of EPA's efforts to achieve innovative solutions to wastewater infrastructure needs and realize economic and environmental benefits that will continue to accrue for years in the future. The revolving nature of the funds and substantial state match contributions have greatly multiplied the federal investment. EPA estimates that for every federal dollar contributed thus far the Nation has received more than three dollars of investment in water infrastructure. As of June 2020, the CWSRF Program has provided over $145 billion in affordable financing for a wide variety of wastewater infrastructure and other water quality projects.67 In 2020, over 1,600 assistance agreements were made with communities of all sizes, funding $7.5 billion in projects aimed at treating wastewater, addressing stormwater runoff, tackling non-point source pollution, and addressing a myriad of other environmental issues.68 65 For additional information, please see: https://www.epa.gov/cwsrf/state-revolving-fund-american-iron-and-steel-ais- requirement. 66 For additional information, please see: http://www.epa.gov/cwsrf. 67 Clean Water State Revolving Fund National Information Management System. U.S. EPA, Office of Water, National Information Management System Reports: Clean Water State Revolving Fund (CWSRF). Washington, DC (As of June 30,2020). 68 Clean Water State Revolving Fund National Information Management System. U.S. EPA, Office of Water, National Information Management System Reports: Clean Water State Revolving Fund (CWSRF). Washington, DC (As of June 30,2020). 676 ------- In addition to capitalizing state revolving loan funds, the CWSRF appropriation includes a provision for set-aside funding for tribes to address serious wastewater infrastructure needs and associated health impacts. A portion of the CWSRF appropriation also is used to provide direct grant funding for the District of Columbia and United States territories. FY 2022 Activities and Performance Plan: This federal investment will continue to enable progress toward the Nation's clean water needs and infrastructure priorities while creating good paying jobs. The infrastructure and other water management projects receiving low interest loans and additional subsidization from the CWSRF protect public health, strengthen the economy and local neighborhoods, and contribute to healthy ecosystems. Historically underserved communities in particular benefit from the program because of its low-cost financing and additional subsidization make these needed investments more affordable. EPA continues to work with states to meet several key objectives, such as: Linking projects to environmental results; Targeting assistance to small and underserved communities with limited ability to repay loans; and Ensuring the CWSRFs remain reliable sources of affordable funding. In FY 2022, EPA is requesting over $1.87 billion to provide funding for critical wastewater infrastructure through the CWSRF Program and over $3.2 billion for the Clean Water and Drinking Water State Revolving Funds (SRFs) combined. The increase of the CWSRF will accelerate infrastructure replacement and investments. The investments support several priority areas including climate change, environmental justice, and creating good paying jobs. The program will encourage states to prioritize funding for projects focused on climate change resiliency. These funding levels advance infrastructure repair and replacement and would allow states, municipalities, and other eligible borrowers to continue to finance high-priority investments that improve water quality and protect human health. Elsewhere, EPA requests approximately $80 million for the Water Infrastructure Finance and Innovation Act (WIFIA) Program. Through the WIFIA Program, EPA will make direct loans to regionally or nationally significant water infrastructure projects. The combined investments of the SRF s and WIFIA Program advance the Agency' s ongoing commitment to infrastructure repair and replacement. These funds represent a major investment in water infrastructure and will create thousands of good paying jobs across the country. To help drive progress, EPA has targeted $8 billion in FY 2022 to increase the cumulative amount of non-federal dollars leveraged by water infrastructure finance programs (CWSRF, DWSRF and WIFIA). During FY 2018 and FY 2019, EPA increased the non-federal dollars leveraged by EPA water infrastructure finance programs by $20 billion. This success is due to the collaborative efforts of EPA, states, and local communities. As of March 2021, over $17.5 billion has been leveraged in FY 2020 and FY 2021. 677 ------- The FY 2022 capitalization of the CWSRF would supplement the more than $145 billion in assistance provided over the life of the Program. The assistance provided in 2020 from federal capitalization, state contributions, and repayments was $7.5 billion. EPA requests that an amount equal to 10-20 percent of the total CWSRF capitalization grant funds made available to each state be used to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these). These funds may be used to address infrastructure needs in marginalized and low-income communities, in addition to those facing environmental justice issues. In addition to capitalizing the CWSRF Program, a portion of the appropriation also will provide direct grants to communities within the tribes and territories. These communities are in great need of assistance given that their sanitation infrastructure lags behind the rest of the country, causing significant public health concerns. To ensure sufficient resources are directed toward these communities that face additional challenges, EPA continues to request a tribal set-aside of 2 percent, or $30 million, whichever is greatest, of the funds appropriated in FY 2022. EPA also continues to request a territories set-aside of 1.5 percent of the funds appropriated from the CWSRF Program for American Samoa, Guam, the Commonwealth of Northern Marianas, and the United States Virgin Islands. EPA requests that up to $2 million of the tribal set-aside be used for training and technical assistance related to the operation and management of tribal wastewater treatment works. EPA also requests the ability to use the tribal and territorial set-asides to support planning and design of treatment works and for the construction, repair, or replacement of privately-owned decentralized wastewater treatment systems serving one or more principal residences or small commercial establishments (e.g., septic systems), authority similar to that already available to states. Expanded support for planning and design will protect the federal investment in wastewater infrastructure and ensure access to safe wastewater treatment for tribes and territories that face significant challenges with sanitation infrastructure. The ability for both the tribes and territories to construct, repair, or replace decentralized wastewater treatment systems will allow the flexibility that these communities require to provide wastewater infrastructure that is appropriate for the unique circumstances of each community. In conjunction with this request, the FY 2022 President's Budget is submitting a proposal to expand the authority of the existing small set-aside for the American Iron and Steel (AIS) requirement from the CWSRF in order to fund future Clean Watershed Needs Surveys (CWNS). The CWNS is a comprehensive assessment of the capital needs to meet the water quality goals in response to Sections 205(a) and 516 of the Clean Water Act. This assessment and documentation of future needs is critical in the effort to manage and fund our nation's wastewater infrastructure. A comprehensive CWNS is an important tool for identifying critical water quality needs in communities across the Nation, including small and disadvantaged communities, and opportunities to invest in climate resiliency. The proposed appropriation language does not change the current set-aside percentage, which has not needed to be fully utilized to cover current AIS program needs. The current set-aside percentage of up to 0.25% of the CWSRF level will allow EPA to continue to fully fund the required Clean Water AIS management and oversight activities and provide reliable and sufficient resources to conduct the CWNS. The total FY 2022 budget authority need for the CWNS is estimated to be $1.5 million. 678 ------- EPA will partner with states to ensure that the CWSRF Program continues to play an important role in promoting efficient system-wide planning; improvements in technical, financial, and managerial capacity; and the design, construction, and ongoing management of sustainable water infrastructure. To streamline data collection and reduce reporting burden, EPA is working to redesign the databases currently used to collect performance information about the CWSRF and DWSRF Programs. The goal of this effort is to reduce reporting burden by eliminating redundancy and providing a more user-friendly interface for states to submit data. Performance Measure Targets: (PMINFRA-01) Billions of non-federal dollars leveraged by EPA water infrastructure finance programs (CWSRF, DWSRF and WIFIA). FY 2021 Target FY 2022 Target 8.0 8.0 FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$231,854.0) This increase accelerates infrastructure replacement and investments. The investments support several priority areas including climate change, environmental justice, and creating good paying jobs. The program will encourage states to prioritize funding for projects focused on climate change resiliency. Statutory Authority: Title VI of the Clean Water Act; Title V of the Water Resources Reform and Development Act of 2014. 679 ------- Infrastructure Assistance: Drinking Water SRF Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S1J20. S.U sj.l2f>.nss.n S Total Budget Authority $1,320,783.1 $1,126,088.0 $1,357,934.0 $231,846.0 Total Workyears 3.2 1.4 1.4 0.0 Program Project Description: EPA's Drinking Water State Revolving Fund (DWSRF) is designed to assist public water systems finance the costs of drinking water infrastructure improvements needed to achieve or maintain compliance with Safe Drinking Water Act (SDWA) requirements, protect public health, and support state and local efforts to protect drinking water. These funds provide critical infrastructure necessary to ensure safe drinking water for all Americans while creating good paying jobs and upgrading and modernizing America's drinking water systems. The 2015 Drinking Water Infrastructure Needs Survey and Assessment (DWINSA), which is conducted every four years, indicated a 20-year capital investment need of $472.6 billion for public water systems eligible to receive funding from state DWSRF Programs. The capital investment need covers 49,250 community water systems (CWS), 21,400 not-for-profit non-community water systems (NPNCWS), American Indian water systems, and Alaska Native Village (ANV) water systems. The 2015 DWINSA need reflects costs for repairs and replacement of leaking transmission pipes and deteriorated storage and treatment equipment, as well as new infrastructure and other projects, e.g., replacing lead service lines, required to protect public health and ensure compliance with the SDWA. To reduce public health risks and help ensure safe and reliable delivery of drinking water nationwide, EPA makes capitalization grants to states in order to provide low-cost loans and other assistance to eligible public water systems and maintain robust drinking water protection programs. In addition to maintaining the statutory focus on addressing the greatest public health risks first, states can help those most in need on a per household basis according to state affordability criteria and can utilize set-asides to assist small systems. To maintain a focus on communities most in need, states are required to provide a portion of their capitalization grant as additional subsidization to disadvantaged communities. The DWSRF Program provides communities access to critical low-cost financing and offers a subsidy to help utilities address long-term needs associated with water infrastructure. Most DWSRF assistance is offered in the form of loans which water utilities repay from the revenues they generate through the rates they charge their customers for service. Water utilities in many communities may need to evaluate the rate at which they invest in drinking water infrastructure repair and replacement to keep pace with their aging infrastructure, many of which may be approaching the end of their lives. 680 ------- EPA works with states to ensure that DWSRF infrastructure and technical assistance funds are available to water systems in disadvantaged communities that are at most risk. EPA emphasizes assistance to projects which reduce lead and help water systems achieve resiliency to climate change. State Set-Asides States have considerable flexibility to tailor their DWSRF program to their unique circumstances. This flexibility ensures that each state can carefully and strategically consider how best to achieve the maximum public health protection. To achieve this, states may set aside and award funds for targeted activities that can help them implement and expand their drinking water programs. The four DWSRF set-asides69 are: Small System Technical Assistance (up to two percent), Administrative and Technical Assistance70 (up to four percent, $400 thousand or one-fifth percent of the current valuation of the fund, whichever is greater), State Program Management (up to ten percent), and Local Assistance and Other State Programs (up to fifteen percent). Taken together, approximately 31 percent of a state's DWSRF capitalization grant may be set aside for activities other than infrastructure construction. These set-asides enable states to improve water system operation and management, emphasizing institutional capacity as a means of achieving sustainable water system operations. Historically, the states have set aside an annual average of almost seventeen percent of the funds awarded to them for program development, of which approximately four percent is used to administer the program. Over the past three years, states have increased their set-asides to approximately 23 percent. Non-Federal Leveraging The federal investment is designed to be used with other sources of funds to address drinking water infrastructure needs. States are required to provide a 20 percent match for their capitalization grant. Some states elect to leverage their capitalization grants through the public debt markets to enable the state to provide more assistance. These features, including state match leveraging and the revolving fund design of the Program, have enabled the states to provide assistance equal to 200 percent of the federal capitalization invested in the Program since its inception in 1997. In other words, for every dollar the federal government invests in this Program, the states, in total, have delivered two dollars in assistance to water systems. In addition, the DWSRF's rate of funds utilized71 was 95.7 percent in 2020, nearly hitting its funds utilization target of 96 percent. The FY 2022 capitalization of the DWSRF would supplement more than $44.7 billion in assistance provided over the life of the Program. The assistance provided in 2020 from federal capitalization, state contributions, and repayments was $3.6 billion. 69 For more information, please see: https://www.epa.gov/drinkingwatersrf/how-drinking-water-state-revolving-fund-works#tab- 5. 70 For more information, please see: https://www.congress.gov/bill/114th-congress/senate-bill/612/text. 71 The cumulative dollar amount of loan agreements divided by cumulative funds available for projects. 681 ------- National Set-Asides Prior to allotting funds to the states, EPA is required to reserve certain national level set-asides.72 Two million dollars must, by statute, be allocated to small systems monitoring for unregulated contaminants to facilitate small water system compliance with the monitoring and reporting requirements of the Unregulated Contaminant Monitoring Regulation (UCMR). In FY 2022, EPA is requesting to set aside $12 million due to the resources needed to implement the new statutorily mandated expansion of the UCMR program. Section 2021 of the America's Water Infrastructure Act (AWIA) of 2018 requires, subject to availability of appropriations and adequate laboratory capacity, all Public Water Systems (PWSs) serving 3,300 to 10,000 persons to monitor under future UCMR cycles and ensure that a nationally representative sample of PWSs serving fewer than 3,300 persons monitor under future UCMR cycles. The 1996 SDWA established the current UCMR program including statutory provisions that require EPA to coordinate and pay the monitoring costs for a representative selection of small water systems that serve fewer than 10,000 individuals. Traditionally under this emerging contaminant monitoring program, EPA would require sampling at 800 small water systems that would be selected to represent the over 60,000 small water systems throughout the United States. AWIA included statutory revisions further amending SDWA and mandating (subject to the availability of appropriations) that EPA significantly expand the small water system monitoring program. Starting with UCMR 5 (FY 2022-2026), the total number of small systems monitored will increase 7.5 times, from 800 to 6,000. This will include all 5,200 public water systems that serve between 3,300 and 10,000 individuals and a representative selection of 800 systems serving fewer than 3,300 individuals. EPA will direct up to two percent or $20 million, whichever is greater, of appropriated funds to tribes and ANVs. These funds are awarded either directly to tribes or, on behalf of tribes, to the Indian Health Service through interagency agreements. Additionally, EPA will continue to set aside up to 1.5 percent for territories. In addition, SDWA requires that no funds made available by a state DWSRF as authorized by SDWA Section 1452 (42 U.S.C. 300J-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system unless all of the iron and steel products used in the project are produced in the United States. The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean Water and Drinking Water State Revolving Funds for carrying out the provisions for management and oversight of the requirements of this section. FY 2022 Activities and Performance Plan: In FY 2022, EPA will work to increase by $8 billion the cumulative amount of non-federal dollars leveraged by water infrastructure finance programs (CWSRF, DWSRF and WIFIA). For FY 2022, EPA requests approximately $1.36 billion for the DWSRF to help finance critical infrastructure improvement projects to public drinking water systems. The funding will accelerate infrastructure replacements and investments. The investments support several priority areas including climate 72 Safe Drinking Water Act Sections 1452(i)(l), 1452(i)(2), 1452(j), and 1452(o), as amended. 682 ------- change, environmental justice, and creating good paying jobs. The program will encourage states to prioritize funding for projects focused on climate change resiliency. In FY 2022, EPA requests over $3.2 billion for the Drinking Water and Clean Water State Revolving Funds (SRFs), combined. The SRF infrastructure budget, combined with the funding provided by the Water Infrastructure Finance and Innovation Act (WIFIA) Program, provides robust funding for critical drinking and wastewater infrastructure. Along with the FY 2022 budget, President Biden's American Jobs Plan supports aging water systems that threaten public health in thousands of communities nationwide. To eliminate all lead pipes and service lines in the country, this proposal invests $45 billion in the DWSRF and in Water Infrastructure Improvements for the Nation Act (WIIN) grants. In addition to reducing lead exposure in the homes, this investment also will reduce lead exposure in 400,000 schools and childcare facilities. The investment also will allow funding recipients to conduct lead service line surveys to know where to target replacement. The requested funding level reflects the documented needs for drinking water infrastructure and the need to improve infrastructure in small and disadvantaged communities. EPA will continue to foster its strong partnership with the states to provide small system technical assistance with a focus on compliance with rules, operational efficiencies, and system sustainability to ensure clean and safe water. In FY 2022, EPA also will continue to expand local utilities' and existing state programs' knowledge of the funding options available to meet future infrastructure needs. EPA will continue to work to target a significant portion of assistance from SRFs to small and disadvantaged communities with limited ability to repay loans. In FY 2022, EPA will work with states to ensure that the mandated SDWA requirement for additional subsidization is met. SDWA requires that states provide subsidization to assist disadvantaged communities of six percent to 35 percent of the state's capitalization grant, and in recent appropriations Congress also has mandated an additional level of subsidization. In FY 2022, the DWSRF Program will continue to implement the Clean Water and Drinking Water Infrastructure Sustainability Policy. This policy focuses on promoting system-wide planning that helps align water infrastructure system goals, analyzing a range of infrastructure alternatives, including energy efficient alternatives, and ensuring that systems have the financial capacity and rate structures to construct, operate, maintain, and replace infrastructure over time. In FY 2022, EPA is continuing emphasis on strengthening small system technical, managerial, and financial capability through the Capacity Development Program, the Operator Certification Program, the Public Water System Supervision State Grant Program, and the DWSRF. The Capacity Development Program establishes a framework within which states and water systems can work together to help these small systems achieve the SDWA's public health protection objectives. The state Capacity Development Programs are supported federally by the Public Water System Supervision state grant funds and the set-asides established in the DWSRF. In FY 2022, EPA will continue to work with states to review and update their capacity development strategies to include asset management as required by AWIA. 683 ------- EPA also is seeking more efficient use of federal infrastructure funds by empowering communities to increase water infrastructure investments and non-federal dollars leveraged by water infrastructure finance programs (Clean Water and Drinking Water SRF and WIFIA) to repair and modernize the outdated American water infrastructure. Performance Measure Targets:73 (PM DW-02) Community water systems still out of compliance with health- based standards since September 30,2017. FY 2021 Target FY 2022 Target 875 701 (PM INFRA-01) Billions of non-federal dollars leveraged by EPA water infrastructure finance programs (CWSRF, DWSRF and WIFIA). FY 2021 Target FY 2022 Target 8.0 8.0 FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$231,846.0) This program change increases funding to accelerate water infrastructure replacements and investments. The investment supports several priority areas including climate change, environmental justice, and creating good paying jobs. Statutory Authority: Safe Drinking Water Act § 1452. 73 The Agency has made a technical correction to the baseline for the long-term performance goal associated with this program. The adjusted long-term performance goal is "By September 30, 2022, reduce the number of community water systems still in noncompliance with health-based standards since September 30, 2017, to 701." 684 ------- Gold King Mine Water Monitoring Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S 3.2X0.3 S-t.000.0 S-t.000.0 S 0.0 Total Budget Authority $3,280.3 $4,000.0 $4,000.0 $0.0 Total Workyears 0.6 0.0 0.0 0.0 Program Project Description: The Water Infrastructure Improvements for the Nation Act of 2016 (WIIN) was enacted to help communities address numerous drinking water and wastewater infrastructure issues as well as improving water quality across the country. The FY 2022 request of $4 million will continue to fund the Gold King Mine Program (also referred to as the San Juan Watershed Program). This program was established under Section 5004 of the WIIN Act. EPA and the states and tribes in the San Juan watershedArizona, Colorado, New Mexico, Utah, Navajo Nation, Ute Mountain Ute Tribe, and Southern Ute Indian Tribeare working together to monitor water quality and use the best available data and science to continue improving water quality74. FY 2022 Activities and Performance Plan: EPA, in collaboration with state and tribal partners, will continue to monitor and inform stakeholders about water quality and are preparing to fund pollution prevention and restoration projects that will seek to restore the watershed. 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): There is no change in program funding. Statutory Authority: Water Infrastructure Improvements for the Nation Act, Title IV, § 5004(d); Clean Water Act § 106. 74 For more information, please see: http://www.epa.gov/Sanjuanwatershed. 685 ------- Infrastructure Assistance: Mexico Border Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants s.w.ooo.o yw.ooo.o S 0.0 Total Budget Authority $26,854.8 $30,000.0 $30,000.0 $0.0 Program Project Description: EPA works collaboratively with United States (U.S.) federal, state, and local partners and the Mexican water agency - CONAGUA - through the U.S.-Mexico Border Water Infrastructure Program to fund planning, design, and construction of high-priority water and wastewater treatment facilities for underserved communities along the border. Investments in wastewater and drinking water infrastructure in communities on both sides of the U.S.-Mexico Border reduce disease and health care costs associated with exposure to raw sewage and drinking water contaminants causing acute and chronic illnesses. U.S.-Mexico Border Water Infrastructure projects stimulate local economies through public health-related economic gains, job creation, and increased demand for goods and services. Untreated sewage flowing north into the U.S. from Tijuana, Mexicali, and Nogales pollutes important water bodies like the Tijuana, New River, and Santa Cruz rivers. Untreated sewage also pollutes shared waters, such as the Rio Grande, Pacific Ocean, and the Gulf of Mexico. The close proximity and intermingling of border communities that have poor quality drinking water and sanitation poses a serious risk of disease transmission. The U.S. and Mexico share more than two thousand miles of common border from the Gulf of Mexico to the Pacific Ocean and over 62 miles on either side of the international border. The border region is home to more than 15.2 million people with about 8 million living in the U.S. (U.S. Census Bureau 2017 estimates) and more than 7 million living in Mexico's Border Municipalities (Instituto Nacional de Estadistica y Geografia- INEGI, 2015 estimate). Twenty-six U.S. federally recognized Native American tribes also are located in the U.S.-Mexico border region. To date, the program has funded 136 projects. More than nine million people are benefiting from 101 completed projects, and nearly 1.3 million people will benefit from projects currently under construction. Since 2003, the program has provided approximately 61,021 homes with first time access to safe drinking water and around 891,732 homes with first time access to wastewater collection/treatment. The EPA's Border Water Infrastructure Program is unique among federal funding programs. It is the only federal program that can fund projects on both sides of the border. Citizens of the U.S. benefit from all projects since all funded projects must demonstrate that they will provide a positive public health and/or environmental benefit to the U.S., whether the project is located in the U.S. or Mexico. For example, a wastewater project in Mexico can only be funded if that sewage would otherwise contaminate a U.S. waterbody. Treating these waters after they have been contaminated 686 ------- and have crossed the border into the U.S. is neither technically feasible nor financially viable. The Agency's investments in the Mexican side projects have represented only a third of the total project construction costs, while leveraging two thirds of the remaining total costs from the Mexican government and other funding sources, and preventing contamination from raw sewage discharges in shared waters. The EPA's investment leverages Mexican funds for the benefit of the U.S. If not for the Agency' s investment, Mexican funds would likely be invested in other parts of Mexico that do not directly benefit the U.S. Preventing raw sewage discharges to shared water resources is especially critical in a region that is already facing water scarcity challenges. The close bi-national cooperation in this program has improved public health and water quality. Improving access to clean and safe water is a key focus of the Border 2020 Plan, the bi-national agreement that guides efforts to improve environmental conditions in the U.S.-Mexico Border region. The U.S.-Mexico Border Program is one of the few federal programs that assists communities in the planning and design of water and sanitation infrastructure projects. Planning and design are essential to advance projects to a construction ready stage, create sustainable communities and access public and private funding. Twenty-six projects with construction costs of approximately $13 1.6 million are currently in planning and design. More than 2.4 million border residents will benefit once all these projects are complete. U. S.-Mexico Border communities are looking to EPA as a last-resort funding source when utilities, cities, or states are not able to fully finance needed infrastructure improvements. The program serves communities that often lack the debt capacity to apply for other funding sources, including EPA's State Revolving Funds. To improve opportunities for communities to request funding support for these critical investment needs, in FY 2017, EPA, in coordination with the North American Development Bank, modified the process to allow for applications to be submitted on a continuous basis through an on-line format available 24 hours a day and seven days per week. Since 2017, a total of 31 applications have been selected and are currently in development or construction. Those applications represent an estimated construction investment need of over $300 million. The program continues to receive new applications and evaluates these on, at least, a quarterly basis. EPA investments in these wastewater projects are protecting public health from waterborne diseases and have been a key factor in significant water quality improvements in U.S. waterbodies, such as the Rio Grande (Texas and New Mexico), Santa Cruz River (Arizona), New River (California), and Tijuana River and Pacific Ocean (California). In both the New River and the middle Rio Grande, for example, fecal coliform levels have dropped by over 80 percent (as a result of jointly funded wastewater treatment plants built in Mexicali and Ojinaga, Mexico, respectively). California beaches in the border region that were once closed throughout the year due to wastewater pollution from Mexico now remain open throughout the summer, resulting in decreased health risks to beachgoers and an economic benefit for local governments. The Santa Cruz River now supports a healthy fish population where a few years ago only bloodworms thrived. 687 ------- FY 2022 Activities and Performance Plan: With the requested $30 million for FY 2022, the U.S.-Mexico Border Water Infrastructure Program will continue to fund high-priority water and wastewater infrastructure projects. Projects that receive funding have been evaluated and ranked using a risk-based prioritization system, which enables the program to direct grant funding to projects that demonstrate human health benefits, cost-effectiveness, institutional capacity, and sustainability. EPA coordinates at local, national, and bi-national levels to assess the environmental needs and make prioritized funding decisions. All program funding will be invested in projects that, whether located in the U.S. or Mexico, provide a positive public health and/or environmental benefit to the U.S. The U. S. benefits include improved quality of U.S. water bodies and shared waters and reduced health risk to the U.S. population. The demonstration of a U.S. benefit is one of the fundamental eligibility criteria for projects seeking program assistance. The U.S.-Mexico Border Water Infrastructure Program will continue to work with the ten border states (four U.S. and six Mexican) and local communities to improve the region's water quality and public health. The U.S. and Mexican governments will collaborate on water infrastructure projects to reduce health risks to residents, including sensitive populations of children and elders, many of whom currently lack access to safe drinking water and sanitation. Additionally, by providing homes with access to basic sanitation, EPA and its partners will reduce the discharge of untreated wastewater into surface water and groundwater. FY 2022 funding will be allocated to a portion of the construction of projects that have completed planning and design and are ready to move to construction. Final decisions on the use of FY 2022 funding will be based on balancing the construction needs of fully designed projects with the planning and design needs of prioritized projects. Performance 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): There is no change in program funding. Statutory Authority: Treaty entitled "Agreement between the United States of America and the United Mexican States on Cooperation for the Protection and Improvement of the Environment in the Border Area, August 14, 1983". 688 ------- Targeted Airshed Grants Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants SUIMU.J S5V, 000.0 S 5'J.000.0 s 0.0 Total Budget Authority $61,066.4 $59,000.0 $59,000.0 $0.0 Program Project Description: This program awards competitive grant funding to reduce air pollution in nonattainment areas that were ranked as the top five most polluted areas relative to ozone, annual average fine particulate matter (PM2.5), or 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS). In FY 2020, over $56 million in competitive grant funds were allocated for this program. This program assists air pollution control agencies in conducting emission reduction activities in these nonattainment areas. The overall goal of the Targeted Airshed Grant Program is to reduce air pollution in the Nation's areas with the highest levels of ozone and PM2.5 ambient air concentrations. FY 2022 Activities and Performance Plan: Work in this program directly supports the President's priorities to tackle the climate crisis and advance environmental justice. The targeted airshed grant program provides funding to air pollution control agencies with responsibilities for the State Implementation Plan (SIP) or Tribal Implementation Plan (TIP) for the eligible nonattainment areas. This program can fund any activities that achieve documentable emission reductions to assist applicable nonattainment areas meet the NAAQS. Air pollution control agencies that have responsibilities for these areas will continue to implement projects that improve the air quality in the listed nonattainment areas. Expected projects include: Replacing vehicles, engines, or equipment; Replacing or retrofitting heat devices (e.g., wood burning stoves, fireplaces); and Other proj ects that achieve quantifiable emission reductions for the applicable pollutant(s), such as road paving, providing dry seasoned wood, and other residential wood smoke reduction activities. Anticipated projects will achieve demonstrable reductions in air pollutants that contribute to the nonattainment status of the eligible areas, including reductions in direct PM2.5, NOx, volatile organic compounds (VOCs), SO2, and/or ammonia. They will provide direct health and environmental benefits to communities. Priority funding for these grants go to emission reduction projects that promote environmental justice in eligible nonattainment areas based on how well the projects will effectively address the disproportionate and adverse cumulative impacts (human health, environmental, climate-related and others) that have affected and/or currently affect people/communities of color, low income, tribal, and indigenous populations. 689 ------- Over their lifetime, the projects funded by the thirteen FY 2019/FY 2020 Targeted Airshed Grants that were awarded are estimated to reduce total emissions of particulate matter by approximately 5,600 tons and ozone precursors by approximately 6,700 tons. 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): There is no change in program funding. Statutory Authority: Consolidated Appropriations Act, 2021, Pub. L. 116-260. 690 ------- Safe Water for Small & Disadvantaged Communities Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants SI-1.1X2.-1 s2(>.-/os.o S-II.-ILIO S J 5.00x0 Total Budget Authority $14,182.4 $26,408.0 $41,413.0 $15,005.0 Total Workyears 1.3 1.0 1.0 0.0 Program Project Description: The Water Infrastructure Improvements for the Nation Act of 2016 (WIIN) was enacted to help communities address numerous drinking water and wastewater infrastructure and compliance issues around the country. The 2018 America's Water Infrastructure Act, authorizes EPA to award Assistance for Small and Disadvantaged Communities Drinking Water Grants to states to assist public water systems in underserved, small and disadvantaged communities that are unable to finance activities needed to comply with the National Drinking Water Regulations as well as respond to drinking water contaminants. FY 2022 Activities and Performance Plan: To assist small and disadvantaged communities with improving their drinking water resources, EPA is requesting $41.4 million in FY 2022. The $15 million increase will provide additional grant funding and reflects the President's priority of addressing lead and other contaminants in drinking water, especially in small and disadvantaged communities. These grants are awarded as non- competitive grants to states, with a separate tribal allotment. The grant program provides assistance to underserved communities that have no household drinking water or wastewater services or are served by a public water system that violates or exceeds any maximum containment level, treatment technique, or action level. Projects eligible for assistance include those designed to return a public water system to compliance; efforts that benefit disadvantaged communities on a per household basis; programs to provide household water quality testing, including testing for unregulated contaminants; and activities necessary for a state to respond to a contaminant. Performance Measure Targets: Work under this program supports Safe Drinking Water Act implementation and compliance performance results in the Drinking Water Programs under the EPM appropriation to support safe drinking water for the Nation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$3.0) 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. 691 ------- (+$15,002.0) This increase provides additional grant funding and reflects the President's priority of addressing lead and other contaminants in drinking water, especially in small and disadvantaged communities. These funds have been identified as climate and environmental justice priorities. Statutory Authority: Water Infrastructure Improvements for the Nation Act, Title IV, Section 2104; Consolidated Appropriations Act, 2021, Pub. L.116-260. 692 ------- Reducing Lead in Drinking Water Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S3 J-12.1) .S 21,511.0 S.S7.51x0 ShO.004.0 Total Budget Authority $3,342.0 $21,511.0 $81,515.0 $60,004.0 Total Workyears 1.3 1.0 1.0 0.0 Program Project Description: The Water Infrastructure Improvements for the Nation Act of 2016 (WIIN) was enacted to help communities address numerous drinking water and wastewater infrastructure issues around the country. The Reducing Lead in Drinking Water grant program was established in Section 2105 of WIIN. Objectives of the grant program are to reduce the concentration of lead in drinking water by: 1) replacing publicly owned lead service lines; 2) identifying and addressing conditions that contribute to increased concentration of lead in drinking water; and 3) providing assistance to low- income homeowners to replace lead service lines. Priority will be given to applications from disadvantaged communities. In FY 2020, EPA announced the availability of $40.0 million in grant funding to assist disadvantaged communities with removing sources of lead in drinking water from drinking water systems and schools. In FY 2021, EPA selected ten projects to award the funding and address the objectives of the grant in disadvantaged communities across the Nation. FY 2022 Activities and Performance Plan: Work in this program directly supports efforts related to the reduction of lead exposures and associated health impacts in disadvantaged communities through infrastructure and/or treatment improvements in public drinking water systems, or the remediation and/or replacement of drinking water infrastructure in schools and childcare facilities. The FY 2022 request includes $81.5 million for the Reducing Lead in Drinking Water grant program. Funding will be used to provide grants to eligible entities for lead reduction projects in the United States. This increase will allow EPA to fund an additional 10-15 projects across the country. Performance Measure Targets: Work under this program supports the Safe Drinking Water Act implementation and compliance performance results in the Drinking Water Programs under the EPM appropriation to support safe drinking water for the Nation. 693 ------- 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. (+$60,002.0) This program change increases funding to support the President's priority of addressing lead in drinking water, especially in small and disadvantaged communities. These funds have been identified as climate and environmental justice priorities. Statutory Authority: Water Infrastructure Improvements for the Nation Act, Title IV, Section 2105; Consolidated Appropriations Act, 2021, Pub. L. 116-260. 694 ------- Lead Testing in Schools Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S 52JV0.5 .S 20.500.0 SMt.500.0 SI0.000.0 Total Budget Authority $52,196.5 $26,500.0 $36,500.0 $10,000.0 Program Project Description: The Water Infrastructure Improvements for the Nation Act of 2016 (WIIN) was enacted to help communities address numerous drinking water and wastewater infrastructure issues. The America's Water Infrastructure Act of 2018 (AWIA) strengthened many existing programs within EPA, including a number of programs authorized by WIIN, while creating new programs to tackle significant public health concerns and environmental needs. The Voluntary School and Child Care Lead Testing Grant Program was established in Section 2107 of WIIN and amended by Section 2006 of AWIA. Objectives of the grant program are to reduce childhood exposure to lead in drinking water by helping states target funding to schools and childcare programs unable to pay for testing and establishing best practices for preventing lead in drinking water. In FY 2019, EPA awarded $43.7 million in funding for the Program for all 50 states and the District of Columbia. In FY 2020 and FY 2021, EPA announced $26.0 million and $26.5 million, respectively, for the Program, continuing work in funding the states, the District of Columbia, and new participants such as Puerto Rico, American Samoa, and the United States Virgin Islands, to implement the program. FY 2022 Activities and Performance Plan: In FY 2022, EPA is requesting $36.5 million to continue providing grants to assist local educational agencies in voluntary testing of lead contamination in drinking water at schools and childcare programs. The FY 2022 increase will support the President's priority on addressing lead in drinking water, especially in small and disadvantaged communities. The goals of the grant program are to: reduce children's exposure to lead in drinking water; help states target funding toward schools unable to pay for testing; utilize the Training, Testing, and Taking Action (3Ts) approach to establish best practices for a lead in drinking water prevention program; foster sustainable partnerships at the state and local level to allow for more efficient use of existing resources and exchange of information among experts in various education and health sectors; and enhance community, parent, and teacher cooperation and trust. The additional $10.0 million will improve drinking water quality for vulnerable populations and help schools better protect children in small and disadvantaged communities from adverse effects of lead in drinking water. 695 ------- Performance Measure Targets: Work under this program supports Safe Drinking Water Act implementation and compliance performance results in the Drinking Water Programs under the EPM appropriation to support safe drinking water for the Nation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$10,000.0) This program change increases resources to support the President's priority on addressing lead in drinking water and providing additional funds to states to target funding to schools and childcare programs that are unable to pay for testing and establishing best practices for preventing lead in drinking water, especially in small and disadvantaged communities. Statutory Authority: Safe Drinking Water Act § 1464(d), as amended by AWIA, Pub. L. 115-270 § 2006. 696 ------- Drinking Water Infrastructure Resilience and Sustainability Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants so.o S-t,000.0 SV.000.0 St. 000.0 Total Budget Authority $0.0 $4,000.0 $9,000.0 $5,000.0 Program Project Description: The America's Water Infrastructure Act of 2018 (AWIA) was enacted to help address numerous drinking water and wastewater issues in both small and large communities across the United States. AWIA strengthened many existing programs within EPA while creating new programs to tackle significant public health concerns and environmental needs. These 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. AWIA mandates range from the creation of grant programs to promoting water quality workforce development. Section 2005 of AWIA required EPA to establish a competitive grant program to assist eligible entities in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards. AWIA mandates continue to be critical to achieving the Administration's priorities by increasing water infrastructure investment and improving drinking water and water quality especially in underserved and disadvantaged communities across the country. FY 2022 Activities and Performance Plan: The FY 2022 request includes $9.0 million to fund the Drinking Water Infrastructure Resilience and Sustainability Grant Program. This request supports the President's priority of assisting eligible entities in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards. Program activities in FY 2022 include the conservation of water or the enhancement of water use efficiency; the modification or relocation of existing drinking water system infrastructure, or that is at risk of being significantly impaired by natural hazards, including risks to drinking water from flooding; the design or construction of desalination facilities to serve existing communities; the enhancement of water supply through the use of watershed management and source water protection; the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water; or the development and implementation of activities to increase the resilience of the eligible entity to natural hazards. The FY 2022 increase will allow EPA to fund more projects across the country, accelerating the pace of water systems strengthening their resilience. 697 ------- Performance Measure Targets: Work under this program supports performance results in the Drinking Water State Revolving Fund and Categorial Grant: Public Water System Supervision Programs under the STAG appropriation and the Drinking Water Programs under the EPM appropriation to support safe drinking water for the Nation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$5,000.0) This program change increases support for water infrastructure in communities, ensuring access to safe drinking water and supports the President's priority of assisting eligible entities in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards. These funds have been identified as a climate priority and will allow EPA to fund more projects across the country, accelerating the pace of water systems strengthening their resilience. Statutory Authority: America's Water Infrastructure Act of 2018, P.L. 115-270, Section 2005. 698 ------- Technical Assistance for Treatment Works Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants so.o SIS. 000.0 SIS.000.0 SO.O Total Budget Authority $0.0 $18,000.0 $18,000.0 $0.0 Program Project Description: The America's Water Infrastructure Act of 2018 (AWIA) was enacted to help address numerous drinking water and wastewater issues at large projects and small rural communities. AWIA strengthens the federal government's ability to invest in water infrastructure in communities in every state, so that all Americans can continue to have access to safe drinking water and our Nation's waterways can remain clean and free from pollution. AWIA also strengthens many existing programs within EPA while creating new programs to tackle significant public health concerns and environmental needs. These 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. Mandates range from the creation of grant programs to promoting water quality workforce development. AWIA programs will help achieve the Administration's priorities by increasing water infrastructure investment and improving drinking water and water quality across the country. Section 4103 of AWIA authorizes EPA to provide grants to nonprofit organizations to help rural, small, and tribal municipalities to: 1) obtain Clean Water State Revolving Fund (CWSRF) financing; 2) protect water quality and achieve and maintain compliance with the requirements of the Clean Water Act (CWA); and 3) disseminate planning, design, construction, and operation information for small publicly owned wastewater systems and decentralized wastewater treatment systems. This training and technical assistance will assist small rural wastewater systems, many of which are underserved and marginalized, to improve operational performance and sustainable operations over the long term, thereby improving public health and water quality and protecting infrastructure investments. This funding will provide training to operators, staff, and managers on sustainable and effective management, financial, and operational practices. FY 2022 Activities and Performance Plan: The FY 2022 President's budget request of $18.0 million will continue funding for the Technical Assistance for Treatment Works Grant Program. The program supports the President's Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. In FY 2022, EPA will continue to provide grants to nonprofit organizations to support training and technical assistance to help rural, small, and tribal municipalities obtain CWSRF financing, protect water quality and ensure CWA compliance, and share information on planning, design, construction, and operation of wastewater systems. EPA anticipates making awards of the FY 2021 resources by the end of calendar year 2021. 699 ------- Performance Measure Targets: Work under this program supports performance results in the Drinking Water State Revolving Fund and Clean Water State Revolving Fund Programs under the STAG appropriation and the Water Infrastructure Finance and Innovation Act (WIFIA) Program under the WIFIA appropriation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): There is no change in program funding. Statutory Authority: AWIA, P L. 115-270, Section 4103. 700 ------- Sewer Overflow Control Grants Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants S5V.2 .S -tO.000.0 suo.ooo.o S20.000.0 Total Budget Authority $59.2 $40,000.0 $60,000.0 $20,000.0 Program Project Description: The America's Water Infrastructure Act of 2018 (AWIA) was enacted to help address numerous drinking water and wastewater issues at large projects and small rural communities. AWIA strengthens the federal government's ability to invest in water infrastructure in communities in every state, so that all Americans can continue to have access to safe drinking water and our Nation's waterways can remain clean and free from pollution. AWIA strengthens many existing programs within EPA while creating new programs to tackle significant public health concerns and environmental needs. These 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. Mandates range from the creation of grant programs to promoting water quality workforce development. AWIA programs will help achieve the Administration's priorities by increasing water infrastructure investment and improving drinking water and water quality across the country. The Sewer Overflow and Storm water Reuse Municipal Grant (OSG) Program provides grants to fund projects at treatment works that reduce the incidence of combined sewer overflows, sanitary sewer overflows, stormwater issues, and strengthen climate resiliency. Many underserved and marginalized communities face these issues and may benefit from the work funded by these grants. EPA aims to issue grant awards for this program beginning in FY 2021. On February 24, 2021, EPA published a Federal Register Notice establishing the allocation formula for the upcoming OSG program. This formula describes how EPA will distribute program funds for the states. District of Columbia, and the United States territories to provide grants to municipalities to manage combined sewer overflows, sanitary sewer overflows, and stormwater flows.75 FY 2022 Activities and Performance Plan: The FY 2022 request includes $60 million for the OSG program. The $20 million increase will be used to help local officials mitigate the impact of extreme weather events on the neighborhoods and livelihoods of their residents. As these events can have a disparate impact on residents of disadvantaged communities, this investment supports the Administration's priority for environmental justice. 75 For more information please visit: https://www.federalregister.gov/documents/2021/02/24/2021-Q3756/state-formula- allocations-for-sewer-overflow-and-stormwater-reuse-grants. 701 ------- Section 4106 of AWIA re-authorizes and amends the OSG program components for addressing sewer overflows and stormwater management. EPA will award grants using a formula that captures stormwater needs.76 To the extent eligible projects exist, 20 percent of the appropriated funds must be for projects utilizing green infrastructure, water and energy efficiency improvements, or other innovative activities. Performance Measure Targets: Work under this program supports performance results in the Drinking Water State Revolving Fund and Clean Water State Revolving Fund Programs under the STAG appropriation and the Water Infrastructure Finance and Innovation Act (WIFIA) Program under the WIFIA appropriation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): (+$20,000.0) This program change increases resources to help local officials mitigate the impact of extreme weather events on the infrastructure and management of combined sewer overflows, sanitary sewer overflows, and stormwater issues. As these events can have a disparate impact on residents of disadvantaged communities, this investment supports the Administration's priority for environmental justice. Statutory Authority: America's Water Infrastructure Act of 2018, P.L. Act (33 USC 1301). 115-270, Section 4106, Sec 221 Clean Water 16 For more information please visit: https://www.epa. gov/cwsrf/sewer-overflow-and-stormwater-reuse-municipal-grants-program. 702 ------- Water Infrastructure and Workforce Investment Program Area: State and Tribal Assistance Grants (STAG) (Dollars in Thousands) FY 2020 Actuals FY 2021 Enacted FY 2022 Pres Budget FY 2022 Pres Budget v. FY 2021 Enacted S/n/f and Tribal Assistance (irants sd.d SXDDD.D S3.DDD.D SD.D Total Budget Authority $0.0 $3,000.0 $3,000.0 $0.0 Program Project Description: The America's Water Infrastructure Act of 2018 (AWIA) was enacted to help address numerous drinking water and wastewater issues at large projects and in small rural communities. AWIA strengthens the federal government's ability to invest in water infrastructure in communities in every state, so that all Americans can continue to have access to safe drinking water and our Nation's waterways can remain clean and free from pollution. AWIA also strengthens many existing programs within EPA while creating new programs to tackle significant public health concerns and environmental needs. These 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. Mandates range from the creation of grant programs to promoting water quality workforce development. AWIA programs will help achieve the Administration's priorities through increasing water infrastructure investment and improving drinking water and water quality across the country. Section 4304 of AWIA required EPA, in consultation with the United States Department of Agriculture, to establish a competitive grant program to promote water utility workforce development and increase public awareness of water utilities and careers. AWIA authorizes EPA to select experienced and qualified non-profit, labor, or educational institutions that can address diverse types of water utilities. The Program will assist in the development and utilization of activities related to workforce development and career opportunities in the water utility sector. Providing this funding promotes the direct connection to industry employers for a skilled and diverse workforce. Water and wastewater utilities provide a unique opportunity to offer high- quality careers and it is imperative to invest in a skilled and diverse workforce for the future. FY 2022 Activities and Performance Plan: The FY 2022 request of $3.0 million continues funding for the innovative Water Infrastructure and Workforce Development Investment Grant Program, to: 1) assist in the development and use of innovative activities relating to water workforce development and career opportunities in the drinking water and wastewater utility sector and 2) expand public awareness about drinking water and wastewater utilities and to connect individuals to careers in the drinking water and wastewater utility sector.77 Program funding can support activities such as internship, pre-apprenticeship, apprenticeship, and post-secondary bridge programs; education programs for elementary, 77For more information, please see: https://www.epa. gov/sustainable-water-infrastructure/innovative-water-infrastructure- workforce-development-program. 703 ------- secondary, and higher education students; regional industry and workforce collaboratives; secondary integrated learning laboratories; and leadership development. Performance Measure Targets: Work under this program supports performance results in the Drinking Water State Revolving Fund and Clean Water State Revolving Fund Programs under the STAG appropriation and the Water Infrastructure Finance and Innovation Act (WIFIA) Program under the WIFIA appropriation. FY 2022 Change from FY 2021 Enacted Budget (Dollars in Thousands): There is no change in program funding. Statutory Authority: 42 U.S.C. 300j-19e, AWIA, P.L. 115-270, Section 4304. 704 ------- |