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its current statutory obligation to review and comment on every federal agency EIS in advance of
contemplated outyear FTE restoration requests.
EPA will continue to focus its reviews on areas where the Agency has statutory authority and
subject matter expertise. EPA will continue to work with the Office of Management and Budget
(OMB), CEQ, and other federal agencies to evaluate ways to coordinate, streamline, and improve
the NEPA process, as well as to incorporate robust science-based analyses of project-related
impacts and potential measures to minimize and mitigate those impacts. In FY 2023 and
subsequent budget years, as a result of the American Rescue Plan Act of 2021 (P.L. 117-2),56 the
Infrastructure Investment and Jobs Act (IIJA) and other economic recovery actions, federal
agencies expect a substantial increase in funded actions which will likely require EISs and EPA
environmental review. In addition, due to policies and initiatives such as EO 14017 America's
Supply Chains57 and the Bureau of Land Management and EPA Energy Act MOU, EPA anticipates
a substantial increase in priority actions requiring expedited reviews. Critical minerals mining
projects are expected to trigger EISs and will require special expertise at EPA to facilitate timely
inter-agency coordination on environmental reviews and permitting actions. EPA anticipates that
the existing workload will likely double based on interagency discussions hosted by CEQ and
OMB.
Drawing from experiences with FAST-41 and other priority initiatives, EPA's early engagement
with lead federal agencies at the beginning of the NEPA scoping process improves the quality of
EISs and minimizes delays. However, this early engagement will require substantially more staff
time throughout the NEPA process.
Updates to the NEPA regulations (40 CFR Parts 1500-1518) and other related federal regulations
may substantively impact the number or scope of environmental reviews. EPA regularly supports
and assists CEQ in the development of guidance through the 1977 EPA and CEQ MOU. In FY
2023, the NEPA Implementation Program will continue to develop updated guidance, tools, and
resources to assist federal agencies and CAA §309 reviewers in transparent, consistent, and high-
quality identification and disclosure of opportunities to avoid, minimize, and mitigate impacts to
communities with EJ concerns; reduce impacts of GHG emissions in all major sectors; and identify
and develop climate-resilient alternatives. This will include identifying opportunities to update
EPA's topic specific technical tools for NEPA reviews that are regularly used by multiple
agencies;58 improve and enhance the NEPAssist application to incorporate tools and/or additional
layers of data or information, as needed, such as an enhanced interface between NEP Assist and
EJSCREEN updates. It also will include identifying other tools and support resources as CEQ
updates guidance and provides direction with respect to climate and EJ screening tools.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
56 For additional information, please refer to: https://www.congress.gOv/l 17/bills/hrl319/BILLS-l17hrl319enr.pdf.
57 For additional information, please refer to: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/02/24/executive-order-on-americas-supply-chains/.
58 For additional information, please refer to: https://www.epa.gov/iiepa/iiatioiial-eiiviroiiiiieiital-policy-act-policies-aiid-guidaiice.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$830.0) 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.
(+$400.0) This program increase is to embed climate change and EJ considerations within
the EPA's environmental review process.
(+$1,710.0 / +1.0 FTE) This program change is to support the increase in environmental
reviews of Federal EISs and to enhance the interface between the NEPAssist geospatial
planning tool and EJSCREEN screening and mapping tool to ensure EJ impacts are
considered by all Federal NEPA planners when using the tool. This investment includes
$176.0 thousand in payroll.
Statutory Authority:
National Environmental Policy Act (NEPA); Clean Air Act (CAA) § 309; Antarctic Science,
Tourism, and Conservation Act; Clean Water Act § 511(c); Endangered Species Act; National
Historic Preservation Act; Archaeological and Historic Preservation Act; Fishery Conservation
and Management Act; Fish and Wildlife Coordination Act; and Title 41 of the Fixing America's
Surface Transportation Act.
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Environmental Justice
258
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Environmental Justice
Program Area: Environmental Justice
Goal: Take Decisive Action to Advance Environmental Justice and Civil Rights
Objective(s): Embed Environmental Justice and Civil Rights into EPA's Programs, Policies, and
Activities
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S10 J-13
SI 1.S3 S
S2')-l, <)3S
S 2H3.IIH)
Hazardous Substance Superfund
$681
$826
$5,876
$5,050
Total Budget Authority
$11,024
$12,664
$300,814
$288,150
Total Workyears
34.7
39.9
211.9
172.0
Program Project Description:
EPA's Environmental Justice (EJ) Program coordinates the Agency's efforts to address the needs
of overburdened and vulnerable communities by decreasing environmental burdens, increasing
environmental benefits, and working collaboratively with all stakeholders to build healthy,
sustainable communities based on residents' needs and desires. EPA's EJ Program focuses on
collaboration as a central principle and method of advancing justice. The program provides grants,
technical assistance, and expert consultative support to communities, partners at all levels of
government, and other stakeholders such as academia, business, and industry to achieve protection
from environmental and public health hazards for people of color, low-income communities, and
indigenous communities.
Work in this program directly supports the FY 2022-2026 EPA Strategic Plan Goal 2, Take
Decisive Action to Advance Environmental Justice and Civil Rights, and Administrator Michael
Regan's message in the memo titled "Our Commitment to Environmental Justice" issued on April
7, 2021.59 In addition, this work supports implementation of Executive Order (EO) 13985
Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government,60 and EO 14008 Tackling the Climate Crisis at Home and Abroad.61 In accordance
with the American's Water Infrastructure Act of 2018 (P.L. 115-270), every EPA regional office
employs a dedicated EJ coordinator, and the Agency maintains a list of these persons on EPA's
website.62
59 For additional information, please refer to: https://www.epa.gov/sites/default/fLles/2021-Q4/documents/regan-
messageoncommitmenttoenvironmentaliustice-april072021.pdf.
60 For additional information, please refer to: https://www.federalregister.gov/documents/2Q21/Ql/25/2Q21-Q1753/advancing-
racial-equitv-and-support-for-underserved-communities-through-the-federal-govemment.
61 For additional information, please refer to: https://www.federalregister.gov/documents/2Q21/Q2/Ql/2Q21-02177/tackling-the-
climate-crisis-at-home-and-abroad.
62 For additional information, please refer to: https://www.epa.gov/environmentaljustice/forms/contact-us-about-environmental-
justice.
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FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 2/Objective 2.2, Embed Environmental Justice and
Civil Rights into EPA's Programs, Policies, and Activities in the FY 2022 - 2026 EPA Strategic
Plan. Work in this program also directly supports progress toward the Agency Priority Goal:
Deliver tools and metrics for EPA and its Tribal, state, local, and community partners to advance
environmental justice and external civil rights compliance. By September 30, 2023, EPA will
develop and implement a cumulative impacts framework, issue guidance on external civil rights
compliance, establish at least 10 indicators to assess EPA 'sperformance in eliminating disparities
in environmental and public health conditions, and train staff and partners on how to use these
resources.
In FY 2023, EPA requests an additional $283.1 million and 170 FTE for the Environmental Justice
Program in the EPM appropriation. This investment will allow the Agency to develop, manage,
and award competitive grants to reduce the historically disproportionate health impacts of
pollution in communities with EJ concerns as well as to increase support for existing grant projects.
This investment also will support climate initiatives in communities with EJ concerns, as well as
EJ training, education, and outreach programs. This investment will provide paramount support to
community-based organizations, indigenous organizations, states, tribes, local governments, and
territorial governments in pursuit of identifying and addressing EJ issues.
In FY 2023, EPA will continue to support the successful completion of grant projects funded in
previous fiscal years while continuing to improve the delivery of grant investments to develop
partnerships with community entities to improve the health outcomes of residents and workers in
communities with EJ concerns. This investment will support climate initiatives in communities
with EJ concerns as well as provide critical support to community-based organizations, indigenous
organizations, states, tribes, local governments, territorial governments, and State and local EJ
advisory councils, in pursuit of identifying and addressing EJ issues through multi-partner
collaborations.
In FY 2023, the existing and new grant programs include:
1) a $50 million Environmental Justice Competitive Grant Program (formerly named
Environmental Justice Collaborative Problem-Solving Cooperative Agreements);
2) a $25 million Environmental Justice Community Grants Program (formerly named
Environmental Justice Small Grants) that would continue to competitively award a
comprehensive suite of grants to non-profit, community-based organizations to reduce the
disproportionate health impacts of environmental pollution in communities with EJ
concerns;
3) a $25 million Environmental Justice State Grant Program (formerly named State
Environmental Justice Cooperative Agreements) that would continue funding for states,
local governments, and territories;
4) a $25 million Tribal Environmental Justice Grant Program (formerly named Tribal
Environmental Justice Cooperative Agreements) to support work to eliminate
disproportionately adverse human health or environmental effects in Tribal and Indigenous
communities; and
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5) a $15 million competitive, community-based Participatory Research Grant Program to
award competitive grants to higher education institutions that develop partnerships with
community entities to improve the health outcomes of residents and workers in
communities with EJ concerns.
EJ National Program
In FY 2023, EPA will continue to develop the EJ National Program to support the robust,
consistent, and meaningful integration of EJ considerations across all EPA policies, programs, and
activities in addition to providing much needed direct support to communities; partners at the state,
tribal, and local levels; and other stakeholders, such as academia, business, and industry. The EJ
National Program continues to provide essential support to other EPA programs working to
consider environmental justice in environmental permitting, rulemaking, enforcement and
compliance, emergency/disaster response and recovery, and climate change priorities. The EJ
Program also continues to engage communities and provide tools, data, and methods to help other
EPA programs analyze the EJ implications of policy decisions, such as through National
Environmental Policy Act processes or the consideration of costs and benefits in economic
analyses.
The FY 2023 investment also will provide EPA's regional offices with more capacity to integrate
environmental justice across their programs and regularly engage with and support community
and state, tribal, and local partners. Key activities to support EPA's ability to integrate EJ across
all policies, programs, and activities are reflected in EPA's Agency Priority Goal (APG) related to
EJ and civil rights compliance. Strategy 1 of this APG focuses on the development of a framework
to consider cumulative impacts across the range of EPA's policies, programs, and activities, and
Strategy 3 commits to development of 10 indicators for eliminating disparities in communities
with EJ concerns. These are watershed commitments in EPA's three decades of EJ practice. EPA
will initiate work on these strategies in FY 2022 and will prioritize completion by the APG's
deadline at the end of FY 2023.
Engagement with Partners, Stakeholders, and Communities
EPA pursues a broad array of activities to support efforts by partners, stakeholders, and
communities to advance environmental justice. For instance, the EJ Program hosts a series of
training webinars focused on integrating EJ at all levels of government, with special focus on state
agencies, tribal governments and indigenous populations, and territorial governments and insular
areas such as Pacific Island Nations. During FY 2022, this included partnership with the
Environmental Council of States to provide additional and more finely tailored resources to
support state efforts to advance equity and justice in their agencies.
The EJ webinar series for tribes and indigenous peoples enhances EJ integration, builds capacity,
raises awareness of EPA and other federal programs and resources, and provides technical
assistance to tribes and indigenous peoples on priority environmental, public health, and other EJ
concerns. This webinar series began in November 2020 and is planned to continue for the
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foreseeable future.63 There have been 16 webinars, 10,395 registrants, and 3,948 participants. EPA
also has offered two webinars to the Pacific Islands and their indigenous peoples to present
information more specifically relevant to their concerns. The webinars have consistently received
high ratings from the participants.
EPA also has hosted regular National EJ Community Engagement calls throughout FY 2021 and
FY 2022 and will continue to do so in FY 2023.64 During this time, EPA has completed 14 such
national engagement calls, eight of which focused on Justice40 and the six EPA Justice40 pilot
programs. During the calls held from February 17, 2021, through February 22, 2022,
approximately 6,300 participants engaged on a wide spectrum of topics related to EJ, the Justice40
Initiative, and EJ mapping and screening. Each call featured opportunities, such as expansive
listening sessions, during which speakers interacted with comments and questions from
participants. EPA also has hosted three public "office hours" for users of EJScreen to engage with
the EPA EJScreen team with questions and feedback for further enhancements to the tool. EPA
also continues to communicate through its email listserv and social media presence.
EPA also continues to directly engage community organizations and leaders while supporting
internal EPA efforts to integrate EJ considerations into all EPA policies, programs, and activities.
In the first five months of FY 2022, EPA's EJ Program executed more than 235 engagements and
trainings inside of the Agency that reached more than 5,000 EPA staff. Additionally, the EJ
Program completed more than 200 external engagements, collaborative initiatives, and trainings
with and in support of community groups and other partners. The EJ Program also worked with an
additional 94 partner organizations to directly engage and support over 4,000 community
members.
In FY 2023, EPA will continue to develop education, training, and outreach resources associated
with EJ, including 1) an EJ Training Program to increase the capacity of residents in communities
with EJ concerns to identify and address negative impacts; 2) outreach centers in the EPA regional
offices to work directly with communities with EJ concerns; and 3) an EJ Clearinghouse to serve
as online resources for EJ information.
EJ Grants Program
EPA's FY 2021 EJ grants program saw a significant increase in the scope and level of funding due
to additional Congressional resource allocation. EPA relaunched the State Environmental Justice
Cooperative Agreement (SEJCA) Program. EPA made the SEJCA Program available to proposals
from states, tribes, local governments, and territorial governments and emphasized projects
focused on engaging and supporting community efforts in response to the COVID-19 pandemic.
Over the course of FY 2021 and into FY 2022, EPA awarded an unprecedented $18.4 million to
154 grant recipients through the EJ grants programs. This included:
21 SEJCA awards in fall 2021;
34 EJ Collaborative Problem Solving (EJCPS) awards;
99 EJ Small Grants selected in 2021 and awarded in winter/spring 2022;
63 For additional information, please refer to: https://www.epa.gov/enviromnentaljustice/enviromnental-justice-tribes-and-
indigenous-peoples.
64 For additional information, please refer to: https://www.epa.gov/eiwiroiiiiieiitaljustice/coimiiuiiitv-outreacli-aiid-eiigageiiieiit.
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Of the total amount awarded, over $13.5 million came from the American Rescue Plan (ARP) and
approximately $4.5 million from base EJ annual appropriations. Of the 154 projects funded, 128
received at least partial funding through the ARP, and 26 are receiving full funding through base
EJ appropriations with additional funds from EPA's Office of Transportation and Air Quality to
support specific projects focused on EJ and transportation/goods movement issues.
The EJ grants program funding priorities over this period included projects addressing public
education, training, emergency planning, and/or investigations on impacts of COVID-19 on
underserved communities in addition to projects addressing climate and disaster resiliency and
emergency preparedness. For the first time ever, EPA's EJ Program created a set-aside exclusively
for small nonprofit organizations (defined as organizations with 10 or fewer full-time employees)
in an attempt to ensure the EJ funding reached lower-capacity and new organizations with capacity
building needs. Of the proposals that received EJ Small Grant funding, 84 percent went to
qualifying small nonprofits.
Interagency Coordination
In FY 2023, EPA will continue to support the efforts of the National Environmental Justice
Advisory Council (NEJAC) in addition to supporting the efforts of the White House
Environmental Justice Advisory Council (WHEJAC) established by EO 14008.65 EPA also will
support the Council on Environmental Quality (CEQ) as it leads the Interagency Council on
Environmental Justice as well as a suite of EPA bi- and multi-lateral initiatives to support and
partner directly with other federal agencies.
EJScreen
In FY 2023, EPA will continue to support and improve our national EJ screening and mapping
tool (EJScreen). Efforts will focus on identifying and adding valuable new data sources to the tool
with a focus on climate-relevant data, in addition to enhancing user interface elements. EPA will
enhance EJScreen based upon user requests and feedback - from both within EPA and from
external users - to further inform equitable decision making across the federal government in
addition to providing more robust and diverse data to effectively prioritize communities in need.
These enhancements will enable EPA to further focus program design to benefit communities with
EJ concerns and those most at risk of climate change. In addition, EPA's budget includes resources
to update EPA's IT systems to provide ongoing support, maintenance, and development of the
Climate and Economic Justice Screening Tool (CEJST), as outlined in EO 14008.
Performance Measure Targets:
(PM EJCR01) Percentage of EPA programs that seek feedback and
comment from the public that provide capacity-building resources to
communities with environmental justice concerns to support their ability to
meaningfully engage and provide useful feedback to those programs.
FY 2022
Target
FY 2023
Target
40
65 For more information, please visit: https://www.federalregister.gOv/documents/2021/02/01/2021-02177/tackling-the-climate-
crisis-at-home-and-abroad
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(PM EJCR02) Percentage of EPA programs utilizing extramural vehicles to
compensate organizations and individuals representing communities with
environmental justice concerns when engaged as service providers for the
Agency.
FY 2022
Target
FY 2023
Target
75
(PM EJCR03) Percentage of environmental justice grantees whose funded
projects result in a governmental response.
FY 2022
Target
FY 2023
Target
No Target
Established
(PM EJCR04) Percentage of written agreements between EPA and tribes or
states implementing delegated authorities that include commitments to
address disproportionate impacts.
FY 2022
Target
FY 2023
Target
25
(PM EJCR05) Percentage of state-issued permits reviewed by EPA that
include terms and conditions that are responsive to environmental justice
concerns and comply with civil rights obligations.
FY 2022
Target
FY 2023
Target
TBD
(PM EJCR07) Percentage of EPA national program and regional offices
that extend paid internships, fellowships, or clerkships to college students
from diverse backgrounds.
FY 2022
Target
FY 2023
Target
50
(PM EJCR08) Percentage of significant EPA actions with environmental
justice implications that respond to environmental justice concerns and
reduce or address disproportionate impacts.
FY 2022
Target
FY 2023
Target
40
(PM EJCR09) Percentage of programs that have developed clear guidance
on the use of justice and equity screening tools.
FY 2022
Target
FY 2023
Target
100
(PM EJCR10) Percentage of EPA programs that work in and with
communities that do so in ways that are community-driven, coordinated
and collaborative, support equitable and resilient community development,
and provide for meaningful involvement and fair treatment of communities
with environmental justice concerns.
FY 2022
Target
FY 2023
Target
TBD
(PM EJCR11) Number of established EJ collaborative partnerships
utilizing the Key Principles for Community Work (community-driven,
coordinated, and collaborative).
FY 2022
Target
FY 2023
Target
TBD
(PM EJCR12) Percentage of EPA programs and regions that have
identified and implemented opportunities to integrate environmental justice
considerations and strengthen civil rights compliance in their planning,
guidance, policy directives, monitoring, and review activities.
FY 2022
Target
FY 2023
Target
15
30
(PM EJCR13) Percentage of EPA regions and national programs that have
established clear implementation plans for Goal 2 commitments relative lo
their policies, programs, and activities and made such available to external
partners.
FY 2022
Target
FY 2023
Target
100
(PM EJCR18) Number of information sharing sessions and outreach and
technical assistance events held with overburdened and underserved
communities and environmental justice advocacy groups on civil rights and
environmental justice issues.
FY 2022
Target
FY 2023
Target
8
12
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$113.0) 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.
(+$89,586.0 / +69.5 FTE) This program change supports EJ work across the Agency,
including substantial increases for FTE support. This investment supports the significantly
expanded base activity and agencywide coordination required across the EJ Program. This
increase includes $11.536 million in payroll.
(+$11,501.0 / +51.5 FTE) This program change supports EJ work in the regions. This
investment supports the significantly expanded base activity and agencywide coordination
required in the regional offices. This increase includes $8,309 million in payroll.
(+$10,000.0 / +12.0 FTE) This program change is an increase to establish EPA outreach
centers housed in EPA regional offices to connect directly with communities, hold
hearings, and support local EJ efforts. This investment includes $1,936 million in payroll.
(+$50,000.0 / +5.0 FTE) This program change increases the Environmental Justice
Competitive Grant Program aiming to broadly reduce the disproportionate health impacts
of environmental pollution in communities with EJ concerns. This grant program was
formerly known as the EJ Collaborative Problem-Solving Cooperative Agreements, and
appropriations language has been provided in the proposed EPM Bill Language. This
investment includes $807.0 thousand in payroll.
(+$25,000.0 / +3.0 FTE) This program change increases the Environmental Justice
Community Grant Program. Eligible recipients would be nonprofit, community-based
organizations that conduct activities to reduce the disproportionate health impacts of
environmental pollution in communities with EJ concerns. This grant program was
formerly known as the EJ Small Grants, and appropriations language has been provided in
the proposed EPM Bill Language. This investment includes $484.0 thousand in payroll.
(+$25,000.0 / +3.0 FTE) This program change is an increase to establish an Environmental
Justice State Grant Program that would establish or support state government EJ programs,
Appropriations language has been provided in the proposed EPM Bill Language. This
investment includes $484.0 thousand in payroll.
(+$25,000.0 / +3.0 FTE) This program change is an increase to establish a Tribal
Environmental Justice Grant Program. This program would support tribal work to
eliminate disproportionately adverse human health or environmental effects in Tribal and
Indigenous communities. Appropriations language has been provided in the proposed EPM
Bill Language. This investment includes $484.0 thousand in payroll.
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(+$15,000.0 / +2.0 FTE) This program change is an increase to establish a competitive,
community-based Participatory Research Grant Program. Eligible recipients would be
higher education institutions that aim to develop partnerships with community entities to
improve the health outcomes of residents and workers in communities with EJ concerns.
Appropriations language has been provided in the proposed EPM Bill Language. This
investment includes $323.0 thousand in payroll.
(+$10,000.0 / +3.0 FTE) This program change is an increase to establish an Environmental
Justice Training Program to increase the capacity of residents of underserved communities
to identify and address disproportionately adverse human health or environmental effects.
Appropriations language has been provided in the proposed EPM Bill Language. This
investment includes $484.0 thousand in payroll.
(+$5,900.0 / +4.0 FTE) This program change is an increase for EJScreen to improve how
the Agency utilizes nationally consistent data that combines environmental and
demographic indicators to map and identify communities with environmental justice
concerns. In addition, resources are included to update EPA's IT systems to support the
Climate and Economic Justice Screening tool. This investment includes $645.0 thousand
in payroll.
(+$4,000.0 / +5.0 FTE) This program change is an increase to support the National
Environmental Justice Advisory Council (NEJAC) and other federal advisory council
activities. The EJ Program will provide funding and support for the White House
Environmental Justice Advisory Council (WHEJAC) to advise the Interagency Council
and Chair of the Council on Environmental Quality (CEQ). This investment includes
$807.0 thousand in payroll.
(+$4,000.0 / +3.0 FTE) This program change increases legal support with a focus on EJ
issues. This investment includes $484.0 thousand in payroll.
(+$3,000.0 / +3.0 FTE) This program change increases external EJ coordination with other
federal agencies. This includes developing and expanding federal best practices around EJ
and supporting other federal efforts to expand EJ programs. This investment includes
$484.0 thousand in payroll.
(+$5,000.0 / +3.0 FTE) This program change is an increase to establish an Environmental
Justice Clearinghouse, which would serve as an online resource for information on EJ,
including training materials and a directory of experts and organizations with the capability
to provide advice or technical assistance to underserved communities. This investment
includes $484.0 thousand in payroll.
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); American Rescue Plan Act of 2021 (Pub. L.
117-2).
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Geographic Programs
267
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Geographic Program: Chesapeake Bay
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
s",s'r>
SS-J00
SW.5f,S
S3.(MS
Total Budget Authority
$77,876
$87,500
$90,568
$3,068
Total Workyears
38.0
38.2
38.2
0.0
Program Project Description:
The Chesapeake Bay is the largest estuary in the United States with a drainage area that covers six
states in the mid-Atlantic. The Bay is not only treasured for recreational purposes but also serves
as a vital resource for ecological and economic activities in the region and beyond. The Chesapeake
Bay Program is a voluntary partnership initiated in 1983 that now includes the Chesapeake Bay
watershed states (Delaware, Maryland, New York, Virginia, Pennsylvania, and West Virginia),
the District of Columbia, the Chesapeake Bay Commission, and the federal government. EPA
represents the federal government on the partnership's Chesapeake Executive Council and, under
the authority of Section 117 of the Clean Water Act, works with the Executive Council to
coordinate activities of the partnership. On June 16, 2014, the Chesapeake Bay Program partners
signed the most recent Chesapeake Bay Watershed Agreement,66 which provides for the first time
the Bay's headwater states (Delaware, New York, and West Virginia) with full partnership in the
Bay Program. The Agreement establishes 10 goals and 31 outcomes including sustainable
fisheries, water quality, vital habitats, climate change, and toxic contaminants, with Management
Strategies and two-year Logic & Action Plans covering all 31 outcomes.67
EPA, the watershed jurisdictions, and other key federal agencies set two-year water quality
milestones that measure progress made in achieving the Bay Total Maximum Daily Load (TMDL)
and the jurisdictions' Watershed Implementation Plans.68 The TMDL satisfies a requirement of
the Clean Water Act and EPA commitments under Court-approved consent decrees for Virginia
and the District of Columbia dating to the late 1990s.69 The TMDL is designed to ensure all
nitrogen, phosphorus, and sediment pollution control efforts needed to restore the Bay and its tidal
rivers are in place by 2025.
66 The Chesapeake Bay Watershed Agreement (2014) available at:
2s_^ay_Waterehed_JA£ieementwithsignatures:M^
67 For additional information on the progress being achieved, visit: https://www.epa.gov/restoration-chesapeake-bay.
68 The federal milestones related to water quality in the Chesapeake Bay watershed are available at
http://executiveorder.chesapeakebay.net/EO 135Q8_Water_Ouality Milestones-2012-01-06.pdf. The jurisdictional milestones
are available at: https://www.epa.gov/chesapeake-bay-tmdl/chesapeake-bay-milestones.
69 The Chesapeake Bay TMDL, available at: fattp://www.epa. gov/chesapeake-bay-tmdl/.
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FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will focus on supporting implementation of the two-year logic and action plans
for the 25 management strategies developed under the Agreement, with particular focus on
accelerating implementation of outcomes where progress is lagging. The program is increasing
focus on environmental justice ensuring the benefits of the Chesapeake Bay Program are
distributed equitably. In addition, the program is increasing efforts in the climate change space by
focusing initiatives on the resiliency of the watershed. Specific emphases include:
Implementing the water quality outcomes that describe the commitment of the Agreement
signatories for having all practices in place by 2025 to achieve the necessary pollutant
reductions;
Accelerating implementation of outcomes that help keep the watershed resilient in the face
of climate change (including forest and wetland protection and restoration);
Maintaining the historically strong submerged aquatic vegetation, and tidal and non-tidal
water quality monitoring programs implemented through state grants and federal
interagency agreements;
Ensuring the most up-to-date science is used throughout the Chesapeake Bay Program to
support decision-making, implementation, and future condition assessment (for example,
improving computer models to help predict the impact of climate change on the
Chesapeake Bay Program's ability to meet water quality standards in the tidal waters of
the Chesapeake Bay); and
Implementing an action plan to improve diversity, equity, inclusion, and justice in
Chesapeake Bay Program restoration efforts.
Environmental results, measured through data collected by the states and shared with the federal
government, show the importance of the investment that federal, state, and local governments have
made in providing clean and safe water. Every year, the Chesapeake Bay Program uses available
monitoring information from the 92 segments of the Chesapeake Bay to estimate whether each
segment is attaining criteria for one or more of its designated uses. EPA, along with other federal,
state, and academic partners, are using this information to demonstrate progress toward meeting
water quality standards and the Bay TMDL.
States have reported that, as of 2020, best management practices to reduce pollution are in place
to achieve 45 percent of the nitrogen reductions, 65 percent of the phosphorus reductions, and 100
percent of the sediment reductions needed to attain applicable water quality standards when
compared to the 2009 baseline established in the Bay TMDL.70
EPA will continue to provide the Chesapeake Bay Program partnership with funding and technical
assistance, track and report progress, and coordinate and facilitate partnership efforts to reach our
mutual goals of a healthy Bay and watershed. While continuing progress toward restoring the Bay
watershed, EPA and other Executive Council members signed and released the historic Statement
70 For more information, please see https://www.chesapeakeprogress.com/clean-water/watershed-implementation-plans.
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in Support of Diversity, Equity, Inclusion and Justice.11 This statement reaffirmed the Executive
Council's commitment to recruit and retain staff and volunteers that reflect the diversity of the
watershed, foster a culture of inclusion and respect across all partner organizations, and ensure the
benefits of our science, restoration, and partnership programs are distributed equitably without
disproportionate impacts on overburdened and underserved communities.
Additionally, EPA is working to integrate climate change in Bay restoration efforts. EPA is
addressing climate change in three ways: l)in2025, predicting the impact of 203 5 climate changes
on water quality and adjusting pollution targets; 2) understanding adaptations needed in the
watershed and coastal regions; and 3) maintaining or improving the watershed's resiliency to
climate change. Work is underway to develop state-of-the-science models of the Chesapeake
airshed, watershed, and tidal waters to refine the 2035 climate risk in the 2025 Chesapeake Bay
Assessment. Also, EPA and the Bay Program partnership are actively investigating best
management practices to better protect the watershed and tidal Bay against the observed increased
precipitation volumes and intensity brought about by climate change in urban and agricultural
regions.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$114.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
(+$2,954.0) This program change is an increase that supports projects to accelerate the
restoration of the Chesapeake Bay.
Statutory Authority:
Clean Water Act, Section 117; Estuary Restoration Act of 2000; Chesapeake Bay Accountability and
Recovery Act of 2014; Clean Air Act; Further Consolidated Appropriations Act, 2022, Pub. L. 117-
103.
71 For more information, please see https://www.chesapeakebav.net/channel files/40996/deii statement final all signatures.pdf
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Geographic Program: Gulf of Mexico
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S.\.W
S20.000
S 22.52-/
S 2.52-/
Total Budget Authority
$5,335
$20,000
$22,524
$2,524
Total Workyears
15.4
14.7
14.7
0.0
Program Project Description:
The Gulf of Mexico is the ninth largest body of water in the world. The Mississippi River is the
main river system which drains into the Gulf. The Mississippi River watershed captures drainage
from 41 percent of the land area of the contiguous United States (includes parts of 31 states). This
area equals approximately 1,467,182 square miles. Through coordinated public collaboration, EPA
works to restore the Gulf, and ultimately improve the health of the coastal area benefiting
approximately 16 million Americans.72
The mission of the EPA's Gulf of Mexico Division (GMD) is to facilitate collaborative actions
which protect, maintain, and restore the health and productivity of the Gulf of Mexico in ways
consistent with the economic well-being of the region. The GMD competitively funds projects and
uses interagency agreements and strategic partnerships to accomplish its mission. All GMD
projects and partnership work are linked to one or more of the following performance measures:
1) improve and/or restore water quality; 2) protect, enhance, or restore coastal and upland habitats;
3) promote and support environmental education and outreach to inhabitants of the Gulf watershed;
and 4) support the demonstration of programs, projects, and tools which strengthen community
resilience.73 The GMD provides significant leadership and coordination among state and local
governments, the private sector, tribes, scientists, and citizens to align efforts that address the
challenges facing the communities and ecosystems of the Gulf Coast.
The GMD is committed to voluntary, non-regulatory actions and solutions based on scientific data
and technical information informed by work conducted with partners and the public.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
72 For more information please see: https://www.census.gov/content/dam/Census/library/visualizations/2019/demo/coastline-
anieri ca-print. pdf.
73 For more information please see: https://www.epa.gov/gulfofmexico/2021-gulf-mexico-division-annual-report.
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In FY 2023, the Agency will continue supporting specific actions and solutions designed to
improve the environmental and economic health of the Gulf of Mexico region through cooperative
efforts and partnerships. Specifically, the Agency will address nutrient reduction on agricultural
lands with a targeted focus on minority farmers and ranchers. Additionally, GMD will center its
focus on sustainable agriculture and resilience in the farming community. EPA will continue to
expand Science, Technology, Engineering, and Mathematics (STEM) experiential and workforce
development to overburdened, underserved and vulnerable communities beleaguered by
environmental injustices. Through green infrastructure practices such as artificial reefs, riparian
buffers, prairies, and living shorelines, GMD will continue to aid climate change practices,
including helping communities increase resilience. The GMD projects are competitively funded
and coordinated with and complement ongoing Resource and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies (RESTORE) and Natural Resource Damages Assessment
(NRDA) activities related to the Deepwater Horizon oil spill. The GMD continues to seek broad
participation and input from the diverse stakeholders who live, work, and recreate in the Gulf Coast
region.
The GMD directly supports the following activities:
Environmental Education and Outreach
In FY 2023, the GMD will continue to promote the use of best available science and healthy
environmental practices by developing programs, establishing partnerships, and competitively
funding projects that increase environmental literacy. The GMD will enhance experiential learning
opportunities for Gulf residents and visitors alike. The GMD will support practitioners of
environmental education initiatives in using science-based data so Gulf residents can share a
commonality of interest to preserve the Gulf of Mexico.
To ensure that environmental education and outreach efforts extend to overburdened and
underserved populations, GMD will work with various sectors of government, community leaders,
and academia on projects that improve conditions in communities with environmental justice
concerns. Education and outreach are vital components and essential to accomplishing the
Agency's mission to protect human health and the environment, to serve communities with
environmental justice concerns, and to meet the GMD specific goals of promoting healthy and
resilient coastal communities. All Gulf residents deserve the best information as it directly relates
to their health, the economic vitality of their communities, and their overall quality of life.
Strengthen Community Resilience
Coastal and inland communities continuously face various natural and man-made challenges of
living along the Gulf of Mexico coastline. These challenges include storm risk, land and habitat
loss, depletion of natural resources, compromised water quality, and economic fluctuations. In FY
2023, the GMD will continue the robust partnerships and extensive community interactions to
strengthen coastal and near-shore community preparedness. Through actions, activities,
partnerships, and projects, communities throughout the Gulf will be more resilient, and thus better
prepared for natural disasters or other situational emergencies. The Community Resilience Index
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Tool provides municipalities with a method assessing vulnerabilities and creates a pathway for
taking measures to improve conditions.
Improve Water Quality
The Clean Water Act provides authority and resources to protect and improve the water quality in
the Gulf of Mexico and all waters of the United States. The GMD implements projects and works
with its partners, such as the Hypoxia Task Force, to improve water and habitat quality throughout
the Gulf of Mexico watershed. The GMD funds projects which improve water quality on a
watershed basis. The Mobile Bay National Estuary Program (MBNEP) developed a strategy for a
trash abatement initiative in the Three Mile Creek (TMC) Watershed. The total trash removed over
the life of the project was over 5 tons, with 20 percent recycled. This success led to additional
funding and greater ownership by the local municipality and the approach has been replicated in
other areas through collaboration and technology transfer.
Enhance. Protect, or Restore Coastal Habitats
Managing critical ecosystems is widely recognized as a fundamental environmental challenge
throughout the Gulf Coast region. The priority issues include, but are not limited to, sediment
management, marsh/habitat loss due to subsidence, the continued reduction of freshwater in-flow,
and climate change. For decades, the Gulf Coast has endured extensive natural and man-made
damage to key habitats such as coastal wetlands, estuaries, barrier islands, upland habitats, seagrass
vegetation, oyster reefs, coral reefs, and offshore habitats. In FY 2023, the GMD will continue
working in close partnership to enhance coastal ecosystems, improve sediment
movement/management, restore acreage where feasible and cost-effective, and reverse the effects
of long-term habitat degradation.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$80.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
(+$2,444.0) This program change is an increase of resources that support projects to
accelerate the restoration of the Gulf of Mexico.
Statutory Authority:
Clean Water Act; Further Consolidated Appropriations Act, 2022, Pub. L. 117-103.
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Geographic Program: Lake Champlain
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 14.WU
S 15,01)1)
S20.000
S 5.000
Total Budget Authority
$14,996
$15,000
$20,000
$5,000
Program Project Description:
The trans-boundary region of Lake Champlain is a resource of national significance and home to
more than 600,000 people, about 35 percent of whom depend on the lake for drinking water. The
8,234-square mile basin includes areas in Vermont, New York, and the Province of Quebec. Lake
Champlain draws millions of visitors annually. The Lake Champlain Basin Program (LCBP)
supports implementation in Vermont and New York of a comprehensive pollution prevention,
control, and restoration plan for protecting the future of the Lake Champlain Basin. Through the
LCBP, EPA is addressing various threats to Lake Champlain's water quality, including phosphorus
loadings, invasive species, and toxic substances.74
The Program's goal is to achieve clean waters that will sustain diverse ecosystems, vibrant
communities, and working landscapes. These ecosystems should provide clean water for drinking
and recreation and support a habitat that is resilient to extreme events and free of aquatic invasive
species.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
EPA's budget request will allow the Program to address high levels of phosphorus by
implementing priority actions identified in the Opportunities for Action management plan to
reduce phosphorus loads. The 2016 Vermont Total Maximum Daily Load (TMDL) for Phosphorus
for Lake Champlain is central to the planning and implementation work within the Lake
Champlain Basin to reduce phosphorus loads and meet the wasteload and load allocations specified
in the TMDL. Phosphorus reductions from the New York portion of the Basin continue to be
subject to the TMDL approved in 2002.
The LCBP also will increase efforts to better understand how to address harmful algal blooms
(HABs) and prevent the introduction and spread of invasive species.
74 For additional information see: https://www.epa.gov/tmdl/lake-champlain-phosphoriis-tmdl-commitment-clean-
water and http://www.lcbp.org.
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In FY 2023, EPA will focus on the following activities:
Ninety-three percent of the total phosphorus load to the lake is from stormwater or nonpoint
source runoff, and seven percent is from wastewater treatment plant sources in Vermont,
New York, and Quebec. EPA and its partners will continue to reduce phosphorous
pollution from wastewater treatment facilities, stormwater runoff, and nonpoint sources to
meet reductions specified in the Vermont and New York Total Maximum Daily Loads
(TMDLs). Specifically, EPA will focus on:
o Ensuring that facilities' permits remain consistent with the Clean Water Act, necessary
upgrades to treatment facilities are completed, and the treatment optimization efforts
continue throughout the Basin,
o Implementing stormwater planning, design, and construction of green stormwater
infrastructure at Vermont public schools and state universities, and implementation of
best management practices on rural roads in both Vermont and New York, thereby
increasing their resiliency to climate impacts. Addressing agricultural nonpoint sources
including continued research to determine the efficiency of agricultural best
management practices; evaluating farm practices to identify where practices are
needed; and decommissioning former agricultural lands better suited for habitat and
floodplain restoration efforts.
The Lake Champlain Special Designation Act calls for the review and revision, as
necessary, of the Program management plan at least once every five years. The LCBP
expects to approve an updated management plan, in FY 2022 and will work under the
direction of the Lake Champlain Steering Committee to begin implementing the plan in
FY 2023.
Funding in FY 2023 will support work on aquatic invasive species that harm the
environment, economy, or human health, including aquatic plants, animals, and pathogens.
EPA will continue to work with partners to understand the impact of any potential spread.
The Agency also will continue to monitor invasive water chestnuts and fund efforts to
reduce their density and distribution. Additionally, EPA and its partners will continue to
implement the activities identified in the Great Lakes and Lake Champlain Invasive
Species Program Report75 submitted to Congress under requirements of the Vessel
Incidental Discharge Act.
The LCBP will continue to support the development of new ways to understand the high
seasonal concentrations of Harmful Algal Blooms, report on their potential health impacts,
and provide necessary information to the health departments of New York and Vermont to
close beaches, protect drinking water intakes, or take other actions. In addition, the
Program will investigate developing new approaches for urban and agricultural stormwater
control.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
75 For more information please visit: https://www.epa.gov/greatlakes/great-lakes-and-lake-champlaiii-iiivasive-species-program-
report.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$5,000.0) This program change is an increase of resources that support projects to
accelerate the restoration of Lake Champlain.
Statutory Authority:
Boundary Waters Treaty of 1909; Clean Water Act; Further Consolidated Appropriations Act,
2022, Pub. L. 117-103.
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Geographic Program: Long Island Sound
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SM.400
S -10.002
SV.002
Total Budget Authority
$30,361
$30,400
$40,002
$9,602
Total Workyears
1.5
2.0
2.0
0.0
Program Project Description:
The Long Island Sound Program protects wildlife habitat and water quality in one of the most
densely populated areas of the United States, with nearly nine million people living in the
watershed. In total, the Long Island Sound watershed comprises more than 16 thousand square
miles, including virtually the entire state of Connecticut, and portions of New York, Rhode Island,
Massachusetts, Vermont, and New Hampshire. The Long Island Sound provides recreation for
millions of people each year and provides a critical transportation corridor for goods and people.
The Long Island Sound continues to provide feeding, breeding, nesting, and nursery areas for
diverse animal and plant life. The ability of the Long Island Sound to support these uses is
dependent on the quality of its waters, habitats, and living resources. The Long Island Sound
watershed's natural capital provides between $17 and $37 billion in ecosystem goods and services
every year.76
Improving water quality and reducing nitrogen pollution are priorities of the Long Island Sound
Program. The Program is making measurable differences in the region. Through State Revolving
Fund and local investments of more than $2.5 billion to improve wastewater treatment, the total
nitrogen load to the Long Island Sound in 2020 decreased by 47 million pounds from 1990 levels,
a 60 percent reduction. This and other investments have enabled the EPA-State partnership to
attain the pollution reduction targets set in 2000.
The Program also is focused on habitat protection and restoration. The Program has restored 459
acres of coastal habitat between 2015-2021 achieving 130 percent of the five-year goal set in 2015.
The Program is currently ahead of schedule in restoring one thousand acres by 2035.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
76 For more information please see: Kocian, M., Fletcher, A., Schundler, G., Batker, D., Schwartz, A., Briceno, T. 2015.
The Trillion Dollar Asset: The Economic Value of the Long Island Sound Basin. Earth Economics, Tacoma, WA.
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In FY 2023 the Program will continue to oversee implementation of the Long Island Sound Study
(LISS) Comprehensive Conservation and Management Plan (CCMP)77 by coordinating the
cleanup and restoration actions of the LISS Management Conference. The LISS CCMP is
organized around four major themes: 1) Clean Waters and Healthy Watersheds; 2) Thriving
Habitats and Abundant Wildlife; 3) Sustainable and Resilient Communities; and 4) Sound Science
and Inclusive Management. Throughout the four themes, the CCMP incorporates key challenges
and environmental priorities including resiliency to climate change, long-term sustainability, and
environmental justice. The plan also set 20 quantitative ecosystem recovery targets to drive
progress. In 2020, the LISS updated the CCMP with 136 implementation actions covering the
period 2020-2024. In FY 2023, the EPA will focus on the following:
Continue to reduce nitrogen pollution through implementing the Nitrogen Reduction
Strategy. EPA will work cooperatively with Connecticut and New York to expand
modeling and monitoring to develop numeric nitrogen targets that are protective of
designated uses and set local nitrogen reduction targets where necessary.
Coordinate priority watershed protection programs such as increasing streamside buffer
zones as natural filters of pollution.
Support community sustainability and resiliency through the new LISS Sustainable and
Resilient Communities Work Group to help communities plan for climate change impacts
while strengthening ecological health and protecting local economies.
Integrate environmental justice considerations across program decision-making and
implementation through the new LISS Environmental Justice Work Group.
Conduct more targeted outreach and engagement efforts to understand community needs
in areas with environmental justice concerns.
Support an internal assessment to understand the diversity, equity, inclusion and justice
training needs within the LISS partnership;
Provide technical and financial assistance through an environmental justice subaward
program.
Continue exploring ways to support the participation of new and diverse partners in LISS
programs and decision-making.
Expand tracking and reporting of implementation efforts.
Continue coordinated water quality monitoring.
Coordinate the protection and restoration of critical coastal habitats to improve the
productivity of tidal wetlands, inter-tidal zones, and other key habitats that have been
adversely affected by unplanned development, overuse, land use-related pollution effects,
and climate change (e.g., sea level rise, warming temperatures, changes in salinity and
other ecological effects).
Provide technical and financial assistance through the Long Island Sound Futures Fund.
Conduct focused scientific research into the causes and effects of pollution on the Sound's
living marine resources, ecosystems, water quality, and human uses to assist managers and
public decision-makers in developing policies and strategies to address environmental,
social, and human health impacts.
77 For more information please visit: https://longislandsoundstudy.net/2015/09/2015-comprehensive-conservation-and-
management-plan/.
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Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$9.0) 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.
(+$9,593.0) This program change is an increase of resources that support projects to
accelerate the restoration of Long Island Sound.
Statutory Authority:
Clean Water Act § 119.
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Geographic Program: Other
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
V). ".?/
SID.-100
S11.2!) a
.SMS
Total Budget Authority
$6,731
$10,400
$11,208
$808
Total Workyears
4.8
5.7
5.7
0.0
Program Project Description:
EPA targets efforts to protect and restore many of the unique communities and ecosystems across
the United States through the geographic programs. In order to protect these treasured resources
impacted by environmental problems, the Agency develops and implements approaches to
mitigate sources of pollution and cumulative risk. These approaches improve quality of the water
resources in ecosystems and the health of residents that rely on them. While substantial progress
has been made in all these programs, more work is required to further reduce toxins, lower nutrient
loads into watersheds and water bodies, increase ecologically and economically important species,
restore habitats, and protect human health.
The Northwest Forest Program
The Northwest Forest Program addresses water quality impairments in forested watersheds and
works to improve the quality and quantity of surface water so that beneficial uses and drinking
water/source water protection goals are met. Climate change is increasing the demands on the
program due to the increase of catastrophic wildfires and resulting impacts to water quality and
municipal drinking water.
The Northwest Forest Program supports monitoring of watershed conditions across 72 million
acres of forest and rangelands in the Northwest. In Oregon and Washington, 40 to 90 percent of
the land area within national forests supply drinking water to communities west of the Cascade
Range crest. This program provides the data needed to help manage these drinking water resources.
Funding allows EPA to provide critical support to the Aquatic Riparian Effectiveness Monitoring
Program and the Pacfish/Infish Biological Opinion Effectiveness Monitoring Program. These
regional scale watershed monitoring programs are essential to determining the effectiveness of
riparian management in meeting aquatic/riparian habitat, ecosystem function, and water
quality standards.
The Northwest Forest Program also helps EPA respond to tribal trust and treaty responsibilities.
EPA staff are key to protection and restoration of watersheds and water quality important to tribes.
EPA has tribal trust responsibilities in the Northwest for tribes reliant on salmon and shellfish.
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The Lake Pontchartrain Basin Restoration Program
The purpose of this Program is to restore the ecological health of the Lake Pontchartrain Basin78
by developing and funding restoration projects and related scientific and public education projects.
Program activities include conducting water quality monitoring, educating basin residents on water
protection and pollution prevention, conducting sewer system evaluations and surveys and
developing designs and studies to determine infrastructure upgrades to prevent or reduce pollution.
The Basin comprises over 5 thousand square miles of land in 16 Louisiana parishes and 4
Mississippi counties. The land use of the Basin ranges from rural to urban and is the most densely
populated region in Louisiana, including metropolitan New Orleans and Louisiana's capitol, Baton
Rouge. The Basin provides a home and natural habitat to 2.1 million people and many plants,
animals and fish. It is one of the largest estuarian systems in the United States, containing over 22
essential habitats. The Basin's topography ranges from rolling woodlands in the north to coastal
marshes in the south, with the 630 square mile Lake Pontchartrain, the second largest saltwater
lake in the United States, as its centerpiece.
Projects funded under this program maintain, protect, and restore the water quality and ecosystems
of the Basin. These projects reduce the risk of pollution, increase protection of fisheries and
drinking water sources and enhance recreational opportunities for the citizens of Louisiana.
Southeast New England Program (SNEP)
Southeast New England (from Westerly, Rhode Island, to Pleasant Bay, Massachusetts) faces
environmental challenges that are both unique and highly representative of critical national
problems, especially in coastal areas. Typical problems include rivers hydrologically disconnected
by dams and restrictions, lost wetland functions, urbanization, and centuries-old infrastructure -
all compounded by the increasing impacts of excess nutrients from wastewater, stormwater runoff,
and atmospheric deposition. Excess nutrients have contributed to severe water quality problems
including algal blooms, low dissolved oxygen conditions, fish kills, impaired benthic
communities, and habitat loss (sea grass and salt marsh) in estuaries and near-coastal waters of
this region and worldwide. The impacts of climate change, especially the likelihood of extreme
weather events and increased precipitation, will further stress these systems in coming years, not
only environmentally but also socially and economically. The program seeks to link environmental
quality to economic opportunity and jobs by delivering local solutions in a regional and watershed
context. Taking up and successfully addressing these issues will enable the Program to serve as a
model for other areas.
SNEP serves as a hub to enable protection and restoration of the coastal watersheds of Southeast
New England. Protecting these watersheds and the ecosystem services they provide will help
sustain the region's communities and environmental assets into the future. SNEP draws upon
networks of stakeholders and experts to seek out and support innovations in practices, technology,
and policies that will enable better and more effective watershed protection and restoration. The
78 For more information please visit:
https://www. kw.comell.edu/defini tions/uscode.php?width=840&height=800&iframe=true&def_id=33-USC-63955993-
1.35276959 l&temi occur=999&term_src=title:33:chapter:26: subchapter:!: section: 1.273.
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goal is to create a sustainable path for change and to lead the next generation of environmental
management by:
Developing and investing in innovative, cost-effective restoration and protection practices,
as well as new regulatory, economic, and technology approaches.
Providing technical assistance to municipalities, tribes, and local organizations.
Supporting local restoration efforts.
Integrating delivery of programs to the public by our fellow agencies and partners.
Focusing on ecosystem services.
Improving technology transfer and delivery of restoration programs across the region.
Columbia River Program (CRBRP)
The Columbia River Basin (Basin) is one of North America's largest watersheds, covering
approximately 260 thousand square miles, originating in British Columbia, Canada, with seven
states including significant portions of Idaho, Montana, Oregon, and Washington. The Basin
provides environmental, economic, cultural, and social benefits and is vital to many entities and
industries in the Pacific Northwest, including tribal, recreational, and commercial fisheries;
agriculture; forestry; recreation; and electric power generation.
Human activities have contributed to impaired water quality that impacts human health, and fish
and wildlife species survival. Tribal fish consumers, other high fish consumers and subsistence
fishers, are exposed to known toxic contaminants and increased human health risks. Beginning in
2004, EPA has made a priority commitment to reducing toxics in the Basin reflecting a
responsibility to environmental justice for tribal people to protect human health and help restore
and protect fish and wildlife populations. There are several endangered fish and wildlife species
throughout the Basin. A major salmon restoration effort is underway that has expended millions
of dollars to restore salmon throughout the Basin.
In 2016, Congress adopted the Columbia River Basin Restoration Act as Section 123 of the Clean
Water Act (CWA), which directs EPA to lead a Basin-wide collaboration and competitive grant
program to assess and reduce toxics in the Basin. Section 123 also directs EPA to: establish a
Columbia River Basin Restoration Program (CRBRP) to assess trends in water quality; collect and
assess data to identify possible causes of environmental problems; provide grants for projects for
specific purposes; and establish a voluntary Columbia River Basin Restoration Working Group.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
Funding will be split amongst the Northwest Forest Program, Lake Pontchartrain Program,
Southern New England Program and Columbia River Basin Program for restoration of the four
geographic programs with an emphasis on initiatives that advance environmental justice and
address the threats exacerbated by climate change.
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Northwest Forest Program
In FY 2023, the Program will support the following activities:
Wildfires impact monitoring and assessment of water quality in watersheds impacted by
the catastrophic 2020 Labor Day fires in Oregon and anticipated future fire seasons in the
Pacific Northwest.
Aquatic and Riparian Effectiveness Monitoring (AREMP) of the Northwest Forest Plan
and Bureau of Land Management (BLM) Western Oregon Resource Management Plan to
help maintain and restore watersheds across 24 million acres of federal lands in western
Washington and Oregon, and northern California.
The PacFish/InFish Biological Opinion Effectiveness Monitoring Program to monitor
stream and riparian habitats for both inland fish species and anadromous fish like salmon
that rely on both the Pacific Ocean and freshwater rivers to ensure conservation strategies
are working effectively to sustain fish populations.
The Drinking Water Providers Partnership - an annual public-private funding opportunity
for water providers and watershed restoration practitioners in Oregon and Washington to
implement riparian or in-stream restoration actions to restore and protect the health of
watersheds and drinking water.
States' implementation of forestry non-point source programs and development of Total
Maximum Daily Loads (TMDLs) and Best Management Practices for forestry.
Development of Spatial Statistical Network models to evaluate impacts of forest practices
and climate change on stream temperatures across entire watersheds. Further support for
watershed management and development and implementation of TMDLs.
Collaboration with partners and local water providers to address sediment and temperature
impairments in forested watersheds.
Lake Pontchartrain
In FY 2023, the Program will help restore the ecological health of the Lake Pontchartrain Basin
by:
Continuing the implementation of the Lake Pontchartrain Basin Program Comprehensive
Management Plan79 and Comprehensive Habitat Management Plan, including
implementation of restoration projects to address saltwater intrusion-wetland loss and
sewage, agricultural, and stormwater runoff.
Planning and design of consolidated wastewater treatment systems to support sustainable
infrastructure.
Conducting water quality monitoring outreach and public education projects.
Protecting and restoring critical habitats and encouraging sustainable growth by providing
information and guidance on habitat protection and green development techniques.
Southeast New England Program (SNEP)
In FY 2023, the Program will support technical assistance, grants, interagency agreements, and
contracts to spur investment in regionally significant and/or landscape-scale restoration
79 For more information please see: https://scienceforourcoast.org/about-us/about-pc/management-plan/.
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opportunities, more fully integrate restoration actions, build local capacity, promote policy and
technology innovation, encourage ecosystem (water quality and habitat) approaches, and enact the
Southeast New England Program's new Five-Year Strategic Plan.80 SNEP is tracking community
engagement and is committed to trying to provide funding or technical assistance to 25 percent of
regional municipalities (34 out of 133) and 50 percent of federally-recognized tribes (2 of 4) by
the end of FY 2025. Specific activities include:
Investing in on-the-ground environmental restoration/protection projects through the
SNEP Watershed Implementation Grants (SWIG) Program.
Building capacity of municipalities and other organizations to actively participate in
implementing restoration projects and effectively managing their environmental programs
through the SNEP Network.
Promoting the development of next-generation watershed management tools.
Collaborating among the Narragansett Bay and Buzzards Bay National Estuary Programs,
the states of Rhode Island and Massachusetts, the Cape Cod Commission and other Cape
organizations, municipalities, and key stakeholders to identify, test, promote, and
implement approaches that can be replicated across Southeastern New England, with a
focus on the nexus between habitat, nutrients, and stormwater and ecosystem and
community resilience.
Funding pilot projects and research to introduce innovations and practices that accelerate
and guide ecosystem restoration and avoid or reduce nutrient impacts through interagency
agreements with other federal agencies, including the U.S. Geological Survey and
Department of Energy.
Continuing the SNEP Pilot Watershed Initiative which seeks to concentrate and
quantitatively evaluate the effectiveness of coordinated environmental restoration projects
at a sub-watershed scale. Leveraging for efficiency and effectiveness by coordinating
operations, resources, and funding principles among restoration partners, including federal
and state agencies.
Continuing development of a framework for a regional monitoring strategy that would
ultimately provide data to inform a periodic report on the state of the SNEP region.
Columbia River Basin Program (CRBRP)
The EPA CRBRP's vision is to be a catalyst for broad toxics reduction work efforts and basin-
wide collaboration to achieve a healthy ecosystem with significantly reduced toxic levels in fish,
wildlife, and water to enable communities to access unimpaired watersheds with healthy fish and
wildlife habitat. Key FY 2023 plans for EPA's CRBRP include:
Continuing to manage the implementation of the CRBRP grant program awards to monitor
and reduce toxics in the Basin.
Competing a third round of CRBRP funding assistance utilizing FY 2023 appropriations.
Providing technical assistance and communication products for the Columbia River Basin
Restoration Working Group and the general public.
80 For more information visit: https://www.epa.gov/snep/snep-strategic-plan
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Continuing to update the EPA Columbia River Basin website which serves as a source of
technical references and other information on understanding and reducing toxics in the
Basin.
Integrating Environmental and Tribal Justice and Treaty Rights into the program.
Supporting climate adaptation strategies and resilience as it relates to toxics reduction.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$1.0) 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.
(+$807.0) This program change is an increase of resources that support projects to
accelerate the restoration of the Geographic Program: Other areas.
Statutory Authority:
Clean Water Act.
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Geographic Program: South Florida
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S1JM
Sh.DDD
S '.202
SI.202
Total Budget Authority
$1,369
$6,000
$7,202
$1,202
Total Workyears
1.3
1.3
1.3
0.0
Program Project Description:
The South Florida Program ecosystem extends from Chain of Lakes near Orlando, Florida, south
about 250 miles to Florida Bay. Nine million people, two Federally Recognized Native American
Tribes: Seminole and Miccosukee, three National Parks, 15 National Wildlife Refuges, Big
Cypress National Preserve, the Florida Keys National Marine Sanctuary, the Everglades and
unique coastal resources: St. Lucie and Caloosahatchee Estuaries, Indian River Lagoon, Biscayne
Bay, Florida Bay, Florida Keys, and coral reefs make up this unique and sensitive ecosystem.
These ecosystems support a multi-billion-dollar economy through outdoor tourism, boating,
recreational and commercial fishing, coral reef diving, and world-class beaches.
Challenges faced include: the long-term sustainability of sensitive natural areas, agriculture, and
the expanding human population; balancing the region's often conflicting flood control, water
supply and water quality needs; mitigating and adapting for extreme weather events and sea-level
rise. EPA is committed to protecting and restoring these resources in South Florida.
EPA's South Florida Program coordinates restoration activities in South Florida, including
ongoing restoration efforts in the Everglades and the Florida Keys where water quality and habitat
are directly affected by land-based sources of pollution. EPA implements, coordinates, and
facilitates activities through a variety of programs including: the Clean Water Act (CWA) Section
404 Wetlands Program; the Everglades Water Quality Restoration Strategies Program; the
Everglades Regional Environmental Monitoring and Assessment Program; the Florida Keys
National Marine Sanctuary Water Quality Protection Program; the Florida Keys National Marine
Sanctuary Water Quality Monitoring Program; the Coral Reef Environmental Monitoring
Program; the Benthic Habitat Monitoring Program; the Southeast Florida Coral Reef Initiative, as
directed by the U.S. Coral Reef Task Force; and other programs.81'2 The South Florida Program
furthers the goal of addressing water quality concerns in communities burdened with multiple
sources of pollutions as well as builds resiliency against climate events in the region.
81 For more information please see: http://www.epa.gov/aboutepa/about-epa-region-4-southeast.
2 For more information please see: https://www.epa.gov/everglades.
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FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
The South Florida Program supports efforts to protect and restore ecosystems impacted by
environmental challenges. In FY 2023, EPA will focus on the Florida Keys Water Quality
Protection Program, Florida Coral Reef Tract, Everglades Restoration, nutrient reduction to reduce
harmful algal blooms, and CWA Section 404 implementation.
The Florida Keys National Marine Sanctuary Water Quality Protection Program engages
stakeholders across the breadth of the Florida Keys to review long-term monitoring projects of
water quality and ecosystems related to water quality in the Keys. Data generated by EPA
partners informs these programs which have documented periodic oceanographic events such
as algal blooms, seagrass die-offs, and coral diseases, and have provided the foundational data
for the development of nutrient numeric criteria. The long-term status and trend collected by
the Coral Reef Environmental Monitoring Program is tracking the ongoing Stony Coral Tissue
Loss Disease that continues to decimate over 20 reef building corals species of the Florida Reef
Tract. To date, the South Florida Program has provided more than $3.0 million to support coral
research to hinder or halt the disease destroying corals reefs that are vital to Florida's eco-
tourism industry and that serve as a natural mitigation barrier from storms and hurricanes.
The Everglades Regional Environmental Monitoring and Assessment Program is an EPA
conducted extensive assessment of the Everglades' health since 1993. Federal and state
agencies, tribes, agriculture, the public, non-governmental organizations, and the National
Academies of Sciences use the data to understand water quality and ecological conditions and
to assess restoration progress. The data also help to explain the effectiveness of control
programs for phosphorus and mercury.
The Comprehensive Everglades Restoration Plan (CERP) is a $20 billion federal-state
restoration effort with over 60 projects that affect aquatic resources throughout south Florida.
EPA will continue CWA and National Environmental Policy Act coordination with the US
Army Corps of Engineers, Florida Department of Environmental Protection, South Florida
Water Management District and Tribes for CERP planning and implementation.
This program will continue implementation of the Florida Keys Wastewater Master Plan to
provide Advanced Wastewater Treatment or Best Available Technology services to all homes
and businesses in the Florida Keys through the EPA and state co-chaired FKNMS Water
Quality Protection Program. The goal is to remove from service all non-functioning septic
tanks, cesspits, and non-compliant wastewater facilities. More than 90 percent of Florida Keys
homes and business are on advanced wastewater treatment systems and more than 30 thousand
septic tanks have been eliminated.
This program will continue support for restoration, monitoring, and modeling of seagrass
communities within St. Lucie Estuary, the Caloosahatchee Estuary, Indian River Lagoon,
Biscayne Bay, and Florida Keys to address of loss of seagrass meadows from phosphorus
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enrichment and chlorophyll increases resulting in dying seagrass beds, increasing harmful algal
blooms, fish kills, and manatee deaths.
EPA will continue work with State and local governments, universities, and non-governmental
organizations to implement on-the-ground and satellite water quality monitoring programs for
the Florida Keys, Biscayne Bay, St. Lucie Estuary, Florida Bay, and Caloosahatchee Estuary.
EPA has provided more than $4 million to support water quality that includes water quality
monitoring; harmful algal blooms detection, nutrient source identification and tracking;
bacteria (enterococcus) tracking for healthy beaches; and submarine groundwater discharge to
evaluate groundwater as a potential nutrient source.
The FY 2023 budget request continues support for oysters, seagrass, mangroves, and sponge
restoration efforts that reestablish and rehabilitate these natural systems; identify and map
habitat areas for protection, restoration and management; and develop conservation /
restoration plans for these resilient ecosystems that provide habitat, food, nutrient removal,
water filtration, storm attenuation, carbon storage and shoreline stabilization in South Florida.
EPA will develop an annual Request for Applications for FY 2023 funds and continue
management of more than $20 million in South Florida prior-year projects enhancing water
quality, coral, and seagrass monitoring; restoring coral, seagrass and sponge ecosystems;
developing models to identify pollutant sources; investigating emerging contaminants and
researching water quality environments conducive to algal blooms.
EPA will continue to work with the Florida Department of Environmental Protection (FDEP),
local municipalities, and grantees to quantifying the impact of shallow wastewater effluent
injection on groundwater nutrient fluxes to surface waters in the Florida Keys National Marine
Sanctuary.
This program will support CWA Section 404 implementation, including wetlands
conservation, permitting, dredge and fill, and mitigation banking strategies through
collaboration with U.S. Army Corps of Engineers and FDEP.
EPA will continue to work with the State of Florida on Everglades Water Quality Restoration
Strategies to address pollution. Part of this work will be tracking progress on the National
Pollutant Discharge Elimination System permits and consent orders within the Everglades,
including discharge limits for phosphorus and corrective actions that are consistent with state
and federal law and federal court consent decree requirements.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$5.0) 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.
(+$1,197.0) This program change is an increase of resources that support projects to
accelerate the restoration of South Florida, including ongoing restoration efforts in the
Everglades and the Florida Keys where water quality and habitat are directly affected by
land-based sources of pollution.
Statutory Authority:
Florida Keys National Marine Sanctuary and Protection Act of 1990; National Marine Sanctuaries
Program Amendments Act of 1992; Clean Water Act; Water Resources Development Act of 1996;
Water Resources Development Act of 2000; National Environmental Policy Act.
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Geographic Program: San Francisco Bay
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
Vi. ~i a
Sft .V22
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Total Budget Authority
$6,718
$8,922
$12,004
$3,082
Total Workyears
2.0
1.8
1.8
0.0
Program Project Description:
The San Francisco Bay-Delta Estuary has long been recognized as an estuary of national
importance by EPA, other federal agencies, state partners, and local stakeholders. The Bay Area,
home to over 7 million people, is one of the densest urban areas in the nation. While historically,
San Francisco Bay had about 200 thousand acres of mudflats and tidal marshes, over 90 percent
of that was lost to diking and filling for agriculture and urbanization. San Francisco Bay supports
500 species of wildlife, more than a quarter of which are either threatened or endangered. Investing
in wetland restoration is pivotal to the bay's resiliency to rising sea levels and other hydrologic
changes.
Since 2008, EPA has received an annual appropriation for a competitive grant program, the San
Francisco Bay Water Quality Improvement Fund (SFBWQIF), to support projects that protect and
restore San Francisco Bay and advance Blueprint/Comprehensive Conservation and Management
Plan (CCMP) restoration goals. Funding for the SFBWQIF is specifically targeted for the
watersheds and shoreline areas of the nine San Francisco Bay Area counties that drain into the
Bay. Since 2008, the SFBWQIF has invested over $72.4 million in 59 grant awards to restore over
four thousand acres of wetlands around the Bay and minimize polluted runoff from entering the
San Francisco Bay. SFBWQIF grants have leveraged $183 million in funding from partners and
represents a collaborative investment with local partners guided by the consensus-based
Blueprint/CCMP. The FY 2023 request will support increased investments in projects around San
Francisco Bay that are designed for resiliency considering a wide range of climate change impacts.
The Program will increase focus on historically underserved and overburdened communities
through continued outreach and capacity building with partner organizations.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
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In FY 2023, EPA will focus on the following activities:
Issue a Request for Applications soliciting proposals to restore wetlands, restore water quality,
and implement green development practices that use natural hydrologic processes to treat
polluted runoff around San Francisco Bay.
Issue a Request for Applications soliciting proposals to support underserved populations in the
Bay Area to improve the habitat and water quality in their local communities and improve the
ease in which underserved community voices are included in the planning for regional
environmental projects.
Continue to administer the SF Bay Water Quality Improvement Fund, consistent with the San
Francisco Estuary Partnership's (SFEP) Comprehensive Conservation and Management Plan
(CCMP).82
Continue to build the resilience of San Francisco Bay ecosystems, shorelines and communities
to climate change and sea level rise.
Continue to use EPA grants to fund climate resilient projects and improve access to funds for
underserved communities.
Provide funding and technical support to implement a new regional monitoring program for
San Francisco Bay wetlands. The Wetlands Regional Monitoring Program will provide
baseline data and include the following: a) Monitoring site network; b) Open data sharing
platform; c) Comprehensive science framework.
Continue technical support for the SF Bay Regional Monitoring Program (RMP), a 28-year-
old partnership between regulatory agencies and the regulated community to provide a long-
term data set and scientific foundation to make water quality management decisions. The RMP
monitors water quality, sediment quality and bioaccumulation of priority pollutants in fish,
bivalves and birds. To improve monitoring measurements or the interpretation of data, the
RMP also regularly funds special studies.
Seek to leverage other sources of funding such as the Clean Water State Revolving Fund and
Federal Emergency Management Agency's pre-hazard mitigation funds in support of priority
CCMP projects such as the San Francisco Estuary Partnership working with municipal partners
on the Hayward Shoreline horizontal levee pilot project and the related "First Mile" project.
Continue EPA's participation in the Bay Restoration Regulatory Integration Team (BRRIT), a
five-year, multi-agency pilot effort to facilitate the complex permitting of restoration projects.
The goal of BRRIT is for agencies with permitting jurisdiction over multi-benefit habitat
restoration projects to improve the permitting process. BRRIT agencies use dedicated staff
time to conduct early design review, provide written guidance and comments, identify Agency
requirements that need to be met, and resolve regulatory issues early in the project planning
and design phase. This permitting effort enables the accelerated implementation of our funded
restoration projects.
Continue to increase the reuse of dredged material for wetlands restoration, which is critical in
preparing and responding to sea level rise in San Francisco Bay.
Continue to partner with the academic and science organizations supporting the San Francisco
Bay buoy array, partially funded by EPA, to monitor low-pH and low-oxygen events due to
82Please see the SFEP Comprehensive Conservation and Management Plan (2016) at
https://www.sfestuarv.org/wp-content/uploads/2017/08/CCMP-v26a-aH-pages-web.pdf.
291
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intrusion of upwelled water from the ocean and assessing its impacts, as well as watershed
nutrient inputs.
The San Francisco Estuary restoration community is working rapidly to meet its goal of restoring
100,000 acres of wetlands that can provide flood protection, recreation, water quality
improvement, and habitat for surrounding communities. Since 2008, approximately $32 million of
the SFBWQIF funds have been provided through grants to restore wetland habitat.
Key actions include continued partnerships with state and federal agencies to implement and track
fourteen TMDLs,83 provide technical assistance when asked by Delta stakeholders to sustain the
Delta Regional Monitoring Program (RMP), and work towards continued integration of long-term
data sets in the Bay and Delta, such as the Bay Regional Monitoring Program for water quality
(RMP) and the Interagency Ecological Program.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(-$2.0) This change to fixed and other costs is a decrease 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.
(+$3,084.0) This program change is an increase of resources that support projects to
accelerate the restoration of the San Francisco Bay.
Statutory Authority:
Clean Water Act, Further Consolidated Appropriations Act, 2022, Pub. L. 117-103.
83 For more information, please see the SF Bay Delta TMDL Progress Assessment at
http://www2.epa.gov/sfbay-delta/sf-bay-delta-tmdl-progress-assessment.
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Geographic Program: Puget Sound
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S3 2.9-10
S
S 1.200
Total Budget Authority
$32,946
$33,750
$35,016
$1,266
Total Workyears
6.2
7.0
7.0
0.0
Program Project Description:
Puget Sound is the southern portion of the international Salish Sea and is the largest estuary by
water volume in the United States (U.S.). The Sound is an economic and cultural engine for the
region's more than 4.7 million people, including nineteen federally recognized tribes. Nearly 71
percent of all jobs and 77 percent of total income in Washington State are found in the Puget Sound
Basin. By 2040, the population is projected to grow to seven million, the equivalent of adding
approximately four cities the size of Seattle to the watershed.
Puget Sound's beneficial uses are significant. In 2017, the value of Puget Sound commercial
fishing (finfish and shellfish) was $114 million, and the Gross Domestic Product from Puget
Sound-related tourism and recreation activities was $4.7 billion. Puget Sound's shellfish industry
is considered the Nation's most valuable and is an important source of family wage jobs in
economically challenged rural communities.
Development and land use conversion have adversely impacted the beneficial uses of Puget
Sound's waters. For example, pollution and agricultural runoff reduce the safe harvest and
consumption of shellfish across 143 thousand acres of shellfish beds and cause the closure of
popular swimming beaches and recreational sites annually. Southern resident killer whales and 59
populations of Chinook salmon, steelhead, and bull trout are listed under the Endangered Species
Act. Tribal nations also are unable to sustain their culture and way of life.
A healthy and functioning Puget Sound benefits all who live, visit, or recreate there, or have a
connection to the region. A properly functioning ecosystem provides residents with food, water,
and raw materials; regulates and moderates harmful elements; and provides cultural, spiritual, and
recreational experiences.
Federal support of Puget Sound recovery comes from many programs, most of which are
administered by EPA, the National Oceanic and Atmospheric Administration, the U.S. Department
of Agriculture, U.S. Department of Interior, and the U.S. Army Corps of Engineers.
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Since 2010, Congress has appropriated over $400 million using Clean Water Act Section
320 authority for Puget Sound. Under Section 320, EPA has provided the National Estuary
Program and Geographic Program funding and support to help communities make on-the-ground
improvements for clean and safe water, protect and restore habitat, allow for thriving species and
a vibrant quality of life for all, while supporting local jobs.
EPA's work with the Puget Sound Partnership, state agencies, tribes, and other partners has
supported important gains in recovery. Examples include:
Comprehensive regional plans to restore the Sound;
More than $1 billion of non-federal dollars leveraged for recovery;
Partnerships with 19 federally recognized tribes;
Transboundary collaboration with Canada;
Scientific gains on toxic effects of urban stormwater;
Development and use of decision-making tools to integrate Environmental Justice and
Climate Adaptation plans and projects;
Since 2007, a net increase of harvestable shellfish beds;
Over 41 thousand acres of habitat protected and/or restored (cumulative from 2006); and
More than six thousand acres of shellfish harvest bed upgraded (cumulative from 2007).
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
Key FY 2023 activities for EPA's Puget Sound Program include:
EPA will fund assistance agreements with the 19 federally recognized tribes in Puget
Sound, three Tribal consortia, and the Northwest Indian Fisheries Commission. EPA
proposes to provide funding to tribes for both capacity building and implementing priority
tribal projects in the Puget Sound basin.
EPA will fund over 8 million in tribal projects to support key local watershed science and
monitoring; local partnerships in restoration projects to support habitat and water quality;
enhancement of ongoing programs and policies for recovery.
EPA is a co-chair the overall federal effort to address Tribal Treaty Rights at Risk
consistent with the roles assigned by the Council on Environmental Quality. This is an
essential role for EPA and our federal leaders in the region to meaningfully engage and
develop actions with our Puget Sound tribes to address their important treaty rights.
The Program will build on 20 years of international cooperation with Canada implementing
the Canada-U.S. Cooperation in the Salish Sea: 2021-2024 Action Plan.84 The Program
will participate in a series of workshops on topics of shared interest in our transboundary
work including joint efforts for Southern Resident Killer Whales, science collaboration and
enhancing our transboundary governance opportunities.
The FY 2023 budget request will help fulfill National Estuary Program responsibilities,
including support for the implementation of the Comprehensive Conservation and
Management Plan (CCMP) for recovering Puget Sound (the Action Agenda). The Program
84 For more information please see: https://www.epa.gov/puget-sound/actions-plans-us-canada-cooperation-salish-sea.
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will be receiving, reviewing, and approving the next CCMP in FY 2023 that will set up our
next four years of collaborative implementation of recovery efforts in Puget Sound.
The Program will integrate climate adaptation and environmental justice while supporting
local jobs. The Program is building climate resiliency into the actions and projects funded
with Puget Sound assistance agreements for habitat, shellfish and water quality, which
presents the opportunity to grow and integrate climate justice in all of our program areas
with federal, state, tribal and local partners.
The Program will be managing and awarding up to $100 million in projects from Puget
Sound funding over the next five years consistent with the EPA's 2021 Strategic Initiative
Lead Funding Model.85 The Program will fund over $15 million in shellfish, habitat and
stormwater projects and programs.
The Program will continue to fund and coordinate cutting-edge science in the Salish Sea
with funding over $6 million in science projects from Puget Sound funding and programs
with federal, state, tribal and academic partners.
The Program will enhance Federal Task Force leadership, including leadership and
implementation of the FY 2022-2026 Action Plan. This leverages hundreds of millions of
federal investments in Puget Sound and provides alignment of program and policies for
recovery.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$58.0) 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.
(+$1,208.0) This program change is an increase of resources that supports federal, state,
tribal, and local efforts to protect and restore the Puget Sound.
Statutory Authority:
Clean Water Act. Consolidated Appropriations Act, 2022, Pub. L. 117-103.
85 For more information please visit: https://snohomishcountywa.gov/DocumentCenter/View/87563/FY21-EPA-Funding-
(jiiiciance-to-SILs FINAL.
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Great Lakes Restoration
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
.S MHtjXn
S3.in.nnn
s3-in.il I
S 10.111
Total Budget Authority
$306,380
$330,000
$340,111
$10,111
Total Workyears
71.6
68.5
68.5
0.0
Program Project Description:
The Great Lakes are the largest system of surface freshwater on Earth, containing twenty percent
of the world's surface freshwater and 95 percent of the United States' (U.S.) surface freshwater.
The watershed includes eight U.S. states, two Canadian provinces, and 35 tribes.
Through a coordinated interagency process led by EPA, the implementation of the Great Lakes
Restoration Initiative (GLRI) is helping to restore the Great Lakes ecosystem. This restoration
effort provides environmental and public health benefits to the region's thirty million Americans
who rely on the Great Lakes for drinking water, recreation, and fishing. The restoration and
protection of the Great Lakes also fuels local and regional economies and community revitalization
efforts across the basin.
This interagency collaboration accelerates progress, promotes leveraging, avoids potential
duplication of effort, and saves money. In accordance with the Clean Water Act (CWA), EPA and
its partners are accomplishing this restoration through the implementation of a five-year GLRI
Action Plan. The implementation of the GLRI Action Plan III, covering FY 2020 through FY
2024, began in October 2019.
EPA and its partners have achieved significant results since the GLRI started in 201086, including:
Five Areas of Concerns (AOCs) delisted, including the Ashtabula River AOC in FY
202187;
Eleven other AOCs have had the cleanup and restoration actions necessary for delisting
completed;
97 Beneficial Use Impairments (BUIs) at 28 AOCs in the eight Great Lakes states have
been removed, more than nine times the total number of BUIs removed in the preceding
22 years;
Over 4.3 million cubic yards of contaminated sediment have been remediated;
86 For more information, please see littps: //www.epa. gov/areatlak.es.
87 Prior to GLRI, only one Great Lakes AOC was delisted.
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Over 200 thousand acres on which invasive species control activities have been
implemented;
Self-sustaining populations of Silver and Bighead carp have been kept out of the Great
Lakes;
Over 10 million pounds of invasive carp have been removed from the Illinois River,
reducing the potential for this invasive species to invade the Great Lakes;
Loadings of over 2 million pounds of phosphorus were reduced through implementation of
conservation practices (phosphorus is a major driver of harmful algal blooms in Great
Lakes priority watersheds);
More than 460 thousand acres of habitat have been protected, restored, or enhanced; and
Over 575 thousand youths have benefited from Great Lakes-based education and
stewardship projects.
Under the GLRI, funds are first appropriated to EPA. After annual evaluation and prioritization
consistent with the GLRI Action Plan,88 EPA and its partner agencies collaboratively identify
proj ects and programs that will best advance progress under GLRI. EPA then provides a substantial
portion of the appropriated funds to its partner federal agencies to implement GLRI projects and
programs in partnership with EPA, states, and tribes. EPA and its partner federal agencies will
directly implement projects and fund projects performed by other entities such as states, tribes,
municipalities, counties, universities, and nongovernmental organizations. GLRI funding can
supplement each Agency's base funding.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the GLRI will continue to support programs and projects which target the most
significant environmental problems in the Great Lakes. Emphasis will continue to be placed on 1)
cleaning up and delisting AOCs which has led to community revitalization, which is especially
important in environmental justice communities and opportunity zones; 2) reducing phosphorus
contributions that contribute to harmful algal blooms and other water quality impairments; and 3)
invasive species prevention. GLRI Action Plan III targets GLRI restoration within the focus areas,
objectives, and performance goals described below.
Toxic Substances and Areas of Concern Objectives:
Remediate, restore, and delist AOCs. EPA, U.S. Fish and Wildlife Service (USFWS), U.S.
Army Corps of Engineers (USACE), United States Geological Survey (USGS), National
Oceanic and Atmospheric Administration (NOAA), and other GLRI partners will continue
accelerating the pace of U.S. BUI removals. EPA and its federal partners will work with and
fund stakeholders to implement management actions necessary to remove the BUIs (indicators
of poor environmental health) that will ultimately lead to the delisting of the remaining U.S.
AOCs. Agencies target collective efforts under the GLRI to maximize removal of BUIs and
88 For more information please see https:/Avww. glri .us/action-plan.
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delisting of AOCs. Agencies will support BUI removal through sediment remediation under
the Great Lakes Legacy Act (part of the GLRI) and other restoration activities. FY 2023 targets
are:
One AOC (20 AOCs cumulative since 1987) where all management actions
necessary for delisting have been implemented;
Nine BUIs (118 BUIs cumulative since 1987) removed in AOCs; and
Two AOCs (28 AOCs cumulative since 1987 - more than 80 percent of the 31 total
AOCs) with complete and approved lists of management actions necessary for
delisting.
Share information on the risks and benefits of consuming Great Lakes fish, wildlife, and
harvested plant resources with the people who consume them. Federal agencies and their state
and tribal partners will continue to help the public make informed decisions about healthy
options for safe fish consumption. Expansion of successful pilot programs will increase the
availability and accessibility of safe fish consumption guidelines to overburdened and
vulnerable communities that consume Great Lakes fish. Additional emphasis will be placed on
the safe consumption of wildlife and harvested plant resources.
Increase knowledge about "Chemicals of Mutual Concern ", as identifiedpursuant to the Great
Lakes Water Quality Agreement Annex,89 3 and other priority chemicals that have negatively
impacted, or have the potential to negatively impact, the ecological or public health of the
Great Lakes. Federal agencies will coordinate with appropriate state and tribal partners to
begin to fill critical monitoring and data gaps for priority chemicals in the Great Lakes.
Monitoring data from this process will provide information on the magnitude and extent of
these chemicals in the Great Lakes and help in the evaluation of associated ecological,
economic, and recreational consequences.
Invasive Species Objectives:
Prevent introductions of new invasive species. Federal agencies and their partners will continue
to prevent new invasive species (including invasive carp) from establishing self-sustaining
populations in the Great Lakes ecosystem. Federal agencies and their partners will work to
increase the effectiveness of existing surveillance programs by increasing detection abilities.
Federal agencies will continue to support state and tribal efforts to develop and implement
Aquatic Nuisance Species Management Plans which will be used for annual "readiness
exercises" and actual responses to new detections of invasive species. GLRI partners will be
able to use risk assessments in combination with updated "least wanted" lists to focus
prevention activities. Increasing the ability and frequency of Great Lakes states to quickly
address new invasions or range expansion of existing invasive species will be a key GLRI
strategy. In FY 2023, the goal is to conduct eight rapid responses or exercises.
Control established invasive species. Federal agencies and their partners will bring an
enhanced focus to the quality of acreage to be restored as they restore sites degraded by aquatic,
89 For more information please visit: https://www.epa.gov/glwqa/glwqa-amiexes.
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wetland, and terrestrial invasive species. Federal agencies will implement control projects in
national forests, parks, and wildlife refuges, and will partner with states and neighboring
communities to promote larger scale protection and restoration through applicable control
programs. GLRI funding will help the Great Lakes Sea Lamprey Control Program to locate
and address strategic barriers while also advancing new control technologies. In FY 2023, the
target is to control invasive species on six thousand acres.
Develop invasive species control technologies and refine management techniques. Federal
agencies and their partners will continue to develop and enhance technologies to control non-
native phragmites, sea lamprey, and red swamp crayfish so that on-the-ground land managers
can field test these new approaches. Federal agencies also will develop and enhance invasive
species "collaboratives" to support rapid responses and to communicate the latest control and
management techniques for non-native species such as Hydrilla, Dreissenidae mussels,
hemlock wooly adelgid, and emerald ash borer. Federal agencies and their partners will support
a Great Lakes telemetry network to track aquatic invasive species movements (e.g., grass carp)
and refine rapid response actions.
Nonpoint Source Pollution Impacts on Nearshore Health Objectives:
Reduce nutrient loads from agricultural watersheds. EPA, federal agencies, and their partners
will continue working on farms and in streams to reduce nutrient loads from agricultural
watersheds, emphasizing utilization of conservation systems and work in priority watersheds,
particularly the Lower Fox River (WI), Saginaw River (MI), Maumee River (OH), and
Genesee River (NY). This work will reduce the most significant loadings from nutrient runoff.
Federal agencies and their partners will improve the effectiveness of existing programs,
encourage the adoption of technologies and performance-based approaches to reduce runoff
and soil losses, expand demonstration farm networks to increase adoption of nutrient
management practices, promote practices for slowing down and filtering stormwater runoff,
and emphasize long-term and sustainable nutrient reductions. EPA and its federal partners will
target resources and activities at locations that are the most significant cause of harmful algal
blooms. In FY 2023, the targets are to:
Reduce 300 thousand pounds (2.5 million pounds cumulative since 2010) of
phosphorus from conservation practice implementation throughout Great Lakes
watersheds; and
170 thousand acres (2.685 million acres cumulative since 2010) receiving technical or
financial assistance on nutrient management in priority watersheds.
Reduce untreated stormwater runoff. EPA and its federal partners will continue to accelerate
implementation of green infrastructure projects to reduce the impacts of polluted urban runoff
on nearshore water quality at beaches and in other coastal areas. These projects will capture or
slow the flow of untreated runoff and filter out sediment, nutrients, toxic contaminants,
pathogens, and other pollutants prior to entering Great Lakes tributaries and nearshore waters.
Federal agencies and their partners also will continue to support watershed management
projects that slow and intercept runoff, including installation of tributary buffers, restoration
of coastal wetlands, and re-vegetation and re-forestation of areas near Great Lakes coasts and
tributaries. In FY 2023, the targets are:
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Capture or treat 50 million gallons (500 million gallons cumulative since 2015) of
untreated stormwater runoff captured or treated; and
Restore or protect seven miles (54 miles cumulative since 2015) of Great Lakes
shoreline and riparian corridors restored or protected.
Improve effectiveness of nonpoint source control and refine management efforts. EPA and its
federal partners will continue to adaptively manage to maximize nonpoint source control
efforts. Strategies include conducting edge-of-field monitoring studies in agricultural priority
watersheds to test the effectiveness of innovative practices such as bioreactors; application of
previously supported tools and lessons learned to optimize project results; and development of
new strategies such as nutrient recovery and manure transformation technologies. In FY 2023,
the targets are:
Conduct 30 nutrient monitoring and assessment activities; and
Develop or evaluate ten nutrient or stormwater runoff reduction practices or tools.
Habitats and Species Objectives:
Protect and restore communities of native aquatic and terrestrial species important to the
Great Lakes. EPA and its federal partners will implement protection, restoration, and
enhancement projects focused on open water, nearshore, connecting channels, coastal wetland,
and other habitats to protect and restore native species. They will build upon and shore-up past
investments while advancing protection and restoration in new areas important to targeted
species. Projects will be largely based on priorities in regional scale conservation strategies
and will include:
Protecting, restoring, and enhancing coastal wetlands;
Removing dams and replacing culverts to create fish habitat and reconnect migratory
species to Great Lakes tributaries;
Restoring habitat necessary to sustain populations of migratory native species; and
Protecting, restoring, and managing existing wetlands and high quality upland areas to
sustain diverse, complex, and interconnected habitats for species reproduction, growth,
and seasonal refuge.
In FY 2023, the targets are:
Restore, protect, or enhance 12 thousand acres of coastal wetland, nearshore, and other
habitats; and
Increase connectivity between rivers, streams, and lakes by 200 miles (6,300 miles
cumulative since 2010) providing passage for aquatic species.
Increase resiliency of species through comprehensive approaches that complement on-the-
ground habitat restoration and protection. EPA and its federal partners will maintain, restore,
and enhance the habitats of native fish and wildlife species to increase the resiliency and overall
health of these species. Agencies will maximize habitat improvements (coastal wetlands in
particular) for aquatic and terrestrial species through collaborative conservation and
monitoring at local and regional scales. Project benefits are expected to include avoiding
species extinction, identification of key habitats and of limiting factors to species recovery and
increasing or protecting population levels. GLRI agencies and their partners will continue to
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support protection of native species that have cultural, subsistence, and economic value. In FY
2023, the target is to complete actions to significantly protect or promote recovery of
populations of two species (six species cumulative since 2018).
Foundations for Future Restoration Actions Objectives:
Educate the next generation about the Great Lakes ecosystem. EPA and its federal partners
will promote Great Lakes-based environmental education and stewardship for students and
other interested community members (e.g., courses at parks, nature centers, on board vessels,
museums, and zoos). With an emphasis on educating kindergarten through grade 12 youth,
GLRI partners will support experience-based learning opportunities. GLRI agencies and their
partners also will continue to develop Great Lakes-literate educators to maximize the number
of youths impacted using principles and concepts in the Great Lakes Literacy curriculum.
These activities will support the overall goal of impacting youth to foster Great Lakes
stewardship, promote conservation, and expose and prepare under-represented youth for higher
education opportunities in natural resource management.
Conduct comprehensive science programs and projects. EPA and its federal partners will
continue to investigate the most significant ecological problems in the Great Lakes. Great
Lakes monitoring will include coastal wetlands, water quality, and the lower food web in the
offshore waters; nutrient cycling and harmful algal blooms in priority areas; and contaminants
in Great Lakes fish, sediments, and air. Federal agencies and their partners will identify and
address science priorities to support implementation of the GLRI and the Great Lakes Water
Quality Agreement. They will continue to: develop new tools for monitoring and forecasting;
measure project effectiveness; prioritize management activities; and consider environmental
and health outcomes.
GLRI Funding Allocations:
EPA leads the cooperative process to determine funding allocations for programs and projects of
the GLRI agencies. Under the CWA Section 118, EPA provides the appropriate authorizing and
appropriating committees of the Senate and the House of Representatives a yearly detailed
description of the progress of the GLRI and amounts transferred to participating federal
departments and agencies.
Summary of FY 2016 - 2023 Allocations* by Focus Area
Focus Area
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
Toxic Substances and
AOC
$106,600
$107,500
$105,600
$107,400
$116,900
$121,400
$121,400
$138,600
Invasive Species
$56,400
$62,200
$56,700
$57,000
$62,900
$65,700
$65,700
$60,700
Nonpoint Source Pollution
Impacts on Nearshore
Health
$51,700
$47,900
$50,600
$51,200
$51,000
$53,000
$53,000
$52,411
Habitat and Species
$54,200
$49,500
$52,400
$51,400
$54,500
$56,500
$56,500
$52,600
Foundations for Future
Restoration Actions
$31,100
$32,900
$34,700
$33,000
$34,700
$33,400
$33,400
$35,800
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TOTAL
$300,000 $300,000 $300,000 $300,000 $320,000 $330,000 $330,000 $340,111
* Final allocations for FY 2016 - FY 2019. FY 2020 and FY 2021 allocations are based on budgets approved by Regional
Working Group agencies. Allocations for FY 2022 and FY 2023 are subject to approval by Regional Working Group agencies.
FY 2022 numbers reflect the Annualized Continuing Resolution amount.
Summary of FY 2016 - 2023 Allocations* by Agency
Aiieno
I V 201(.
iy 20 r
I V 20IS
I V 201')
I V 2020
I V 2021
I V 2022
I V 2023
DHS-USCG
$1,274
$1,580
$500
$1,661
$1,250
$1,300
$1,300
TBD
DOC-NOAA
$30,740
$12,027
$24,629
$29,405
$28,163
$16,800
$16,800
TBD
DOD-USACE
$33,369
$55,940
$43,559
$37,387
$30,665
$48,128
$48,128
TBD
DOI-BIA
$6,203
$10,904
$11,617
$9,842
$15,840
$15,765
$15,765
TBD
DOI-NPS
$3,799
$4,379
$3,940
$3,822
$3,794
$4,993
$4,993
TBD
DOI-USFWS
$48,118
$41,794
$52,902
$47,272
$51,901
$57,586
$57,586
TBD
DOI-USGS
$22,960
$26,817
$25,724
$21,603
$19,780
$17,867
$17,867
TBD
DOT-MARAD
$2,106
$800
$675
$803
$5,500
$8,000
$8,000
TBD
HHS-ATSDR/CDC
$1,692
$593
$590
$0
$0
$0
$0
TBD
USD A-APHIS
$1,089
$1,262
$1,176
$1,312
$1,378
$1,459
$1,459
TBD
USDA-NRCS
$19,062
$22,072
$25,096
$20,697
$22,239
$24,374
$24,374
TBD
USDA-USFS
$10,822
$11,355
$10,153
$11,646
$9,921
$12,464
$12,464
TBD
Multi-agency
$0
$0
$0
$0
$0
$0
$0
TBD
IA Totals:
$181,234
$189,522
$200,560
$185,448
$190,432
$208,736
$208,736
TBD
EPA and Misc IAs
$118,766
$110,478
$99,440
$114,552
$129,568
$121,264
$121,264
TBD
Totals:
$300,000
$300,000
$300,000
$300,000
$320,000
$330,000
$330,000
$340,111
* Final allocations for FY 2016 - FY 2019. FY 2020 and FY 2021 allocations are based on budgets approved by Regional
Working Group agencies. Allocations for FY 2022 and FY 2023 do not include adjustments that may be made in light of
Bipartisan Infrastructure Law funding and are subject to approval by Regional Working Group agencies.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$304.0) 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.
(+$9,807.0) This program change is an increase of resources that supports projects to
accelerate the restoration of the Great Lakes.
Statutory Authority:
Clean Water Act Section 118.
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Homeland Security
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Homeland Security: Communication and Information
Program Area: Homeland Security
Goal: Safeguard and Revitalize Communities
Objective(s): Prepare for and Respond to Environmental Emergencies
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
linviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S.\
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with regional, state, and local Fusion Centers and Joint Terrorism Task Forces to focus on
integrating EPA regional offices with the information sharing environment and DHS' intelligence
sharing network. OHS also advances implementation of the following programs: EPA Insider
Threat, Suspicious Activity Reporting, National Operations Security (OPSEC),
Counterintelligence, and Committee on Foreign Investment in the United States.
In addition, OHS works closely with EPA's Water Program to coordinate and integrate water
security efforts internally and externally with stakeholders regarding physical threats and
contamination and cyber threats to operations. EPA serves as the Sector Risk Management Agency
(SRMA) for the water sector. The October 2020 DHS Homeland Threat Assessment and the 2021
Annual Threat Assessment of the U.S. Intelligence Community (IC) (April 2021)90 indicated that
cyber threats from nation states and non-nation states remain an acute growing problem threatening
U.S. critical infrastructure. Cyberattacks across critical infrastructure sectors are rapidly increasing
in volume and sophistication, impacting both information technology (IT) and operational
technology (OT) systems in the water sector.
EPA's SOC provides a centralized, integrated, and coordinated cybersecurity incident response
capability that defends against unauthorized activity within computer networks, by preventing,
detecting, monitoring, analyzing, and responding to suspicious or malicious activity through its
Computer Security Incident Response Capability (CSIRC). The SOC and CSIRC also provide:
situational and threat awareness; cyber network defense infrastructure; cybersecurity tool
engineering and support; vulnerability and risk assessments; and threat intelligence processing and
threat hunting capabilities. The SOC leverages endpoint detection and response and other
capabilities to perform its mission. The SOC maintains communications with DHS' Liaison
Officers to respond to alerts that have potential national security impact.
National and homeland security information technology efforts are closely coordinated with the
agencywide information security and infrastructure activities, which are managed by EPA's
Information Security and IT/Data Management programs. These IT support programs also enable
contact among localities, EPA program and regional offices, and laboratories in emergency
situations.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.3, Prepare for and Respond to
Environmental Emergencies in the FY 2022 - 2026 EPA Strategic Plan. With the resources
requested in FY 2023, this program will:
Continue to promote a coordinated approach to EPA's homeland security activities and
support the alignment of resources with government-wide national and homeland security
priorities and requirements as defined by the NSC and the IC, including climate security,
cybersecurity, and biodefense.
90 Please see the following for more information: https://www.dhs.gov/sites/default/files/publications/2020 10 06 homeland-
threat-assessment.pdf
https://www.dni.gov/files/ODlSlI/documents/assessments/ATA-2021-Unclassified-Report.pdf
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Continue to build on and develop the Agency's cybersecurity intelligence capabilities to
provide a level of support that would enable EPA to better prepare for and respond timely
to specific threats, mitigate attacks, assess evolving water sector cyber intelligence
requirements, and assist in developing proposals to prevent/mitigate cyber incidents. By
further building these capabilities, the Agency will be able to increase research, analyses,
and engagement with the water and wastewater sector and partner agencies who deal with
cybersecurity (i.e., DHS Cybersecurity and Infrastructure Security Agency (CISA)) and
help EPA fulfill the requirements in Section 9002 of the FY 2021 National Defense
Authorization Act. All indicators suggest cybersecurity threats and requirements,
particularly those associated with the critical infrastructure sector, will only increase in
number, complexity, and potential consequences for the foreseeable future.
OHS and EPA's Water Program will develop an integrated strategy to work together more
effectively to coordinate water and wastewater sector-wide cybersecurity threat
information and intelligence sharing efforts. Specific examples of OHS'
roles/responsibilities in this area include:
o Engaging with the Water Sector Coordinating Council and the Water Information
Sharing and Analysis Center (ISAC) to more closely work with CISA and the
intelligence and law enforcement communities to facilitate access to, and exchange of,
information and intelligence necessary to strengthen the security of critical
infrastructure to obtain threat information and intelligence related to the water and
wastewater sector to support emergency preparedness and planning efforts in a more
timely manner;
o Supporting risk assessment and risk management efforts by EPA in conjunction with
CISA;
o Engaging with the Water Sector Coordinating Council and the Water ISAC to more
closely work with CISA and the intelligence and law enforcement communities to
facilitate the identification of intelligence requirements and priorities of critical
infrastructure owners and operators in the water and wastewater sector in coordination
with the Director of National Intelligence and the heads of other Federal departments
and agencies, as appropriate; and
o Working with CISA to provide and facilitate awareness, within the water and
wastewater sector, of ongoing, and where possible, real-time awareness of identified
threats, vulnerabilities, mitigations, and other actions related to the security of the water
and wastewater sector.
Continue to develop new collaborative practices and methods with Intelligence
Community agencies to meet the cybersecurity needs of the water and wastewater sector,
along with other critical sectors, to address increasingly sophisticated and complex threat
actor tactics and techniques. EPA has coordinated with NSC, CISA, and the water sector
on several occasions regarding cyber-attacks on the water sector's IT and OT systems,
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which has resulted in a renewed emphasis on notification and communication efforts with
the water utilities.
Continue to develop new collaborative practices and methods with Intelligence
Community agencies and the National Security Council to meet the requirement in
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad,91 "to place the
climate crisis at the forefront of this Nation's foreign policy and national security
planning."
Continue to develop new collaborative practices and methods with Intelligence
Community agencies and the National Security Council to address emerging domestic and
global biological risks, including pandemics and national bio-preparedness policies.
Continue to engage with CIS A's Intelligence and Analysis Branch for greater information
sharing and engagement. OHS has developed a new partnership with the National Security
Agency office providing cybersecurity support to critical infrastructure agencies.
Provide more comprehensive support to the expanding collaborations with DOE, CISA,
WaterlSAC, and other programs on cyber threat response.
Promote a coordinated approach to communicating classified and sensitive information to
EPA programs, laboratories, and regional offices via secure communications systems to
support timely intelligence and information sharing to enable safe and effective operational
preparedness and response.
Support federal, state, tribal, and local efforts to prevent, protect, mitigate, respond to, and
recover from the impacts of natural disasters, acts of terrorism, and other emergencies by
providing leadership and coordination across EPA's program offices and regions.
Ensure appropriate agency representation in various White House and other federal
national security and homeland security policy activities. These efforts include serving as
EPA's representative for homeland security, national disaster response, and mitigation and
recovery policy in monthly meetings of the Homeland Preparedness and Response
Interagency Policy Committee (IPC), the Homeland Critical Infrastructure Resilience
Interagency Policy Committee, chaired by the NSC, and in weekly NSC Cyber Response
Group meetings and other national security policy committees. In addition, OHS serves as
EPA's representative in monthly meetings of the Recovery Support Function Leaders
Group, chaired by the Federal Emergency Management Agency (FEMA), and the
Mitigation Framework Leadership Group, also chaired by FEMA, and on other interagency
workgroups.
Focus on filling critical policy, knowledge, and technology gaps that may be essential for
an effective EPA response, including working with our interagency partners to define
91 For additional information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-
order-on-tackling-the-climate-crisis-at-home-and-abroad/
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collective capabilities and resources that may contribute to closing common homeland
security gaps, including emerging chemical threats and cybersecurity concerns for critical
water infrastructure.
Provide EPA end-users with relevant, accurate, reliable, objective, and timely intelligence
bearing on matters of environmental policy and regulation and domestic threats and
counterintelligence, where EPA functions to preserve or assist in the restoration of human
health and the environment.
Continue phased implementation of Executive Order 13587, Structural Reforms to
Improve the Security of Classified Networks and the Responsible Sharing and
Safeguarding of Classified Information92 to meet the main pillars of classified information
protection with a focus on the implementation of an Insider Threat Program to address and
mitigate threats to national security.
Track emerging national and homeland security issues, through close coordination with the
U.S. Intelligence Community, to anticipate and avoid crisis situations and target the
agency's efforts proactively against threats to the United States.
Phase in National Security Presidential Memorandum 28 (NSPM-28) to support OPSEC
for the agency.
Support the coordination and communication requirements of NSPM-32 to share
information on critical incidents in a timely and effective manner.
In FY 2023, EPA also will support implementation of Executive Order 14028, Improving the
Nation's Cybersecurity93 through monitoring across the Agency's IT infrastructure to detect,
remediate, and eradicate malicious activity/software from EPA's computer and data networks.
Specific activities include:
Continue to enhance internal Computer Security Incident Response Capability to ensure
rapid identification and reporting of suspicious activity through increased training and
awareness of cybersecurity threats. Training opportunities are provided to individual users
to identify the most recent cybersecurity threats along with tabletop exercises to develop
agency staff proficiency in responding to cyber security incidents.
Improve threat intelligence sharing. EPA personnel are active participants in the United
States Computer Emergency Readiness Team, a DHS-led group of experts from incident
response and security response teams. Indicators and warnings are shared between EPA
incident responders and their cleared counterparts in other agencies and with the
Intelligence Community. This provides the ability to integrate actionable intelligence with
deployed systems to improve cybersecurity defensive capabilities.
92 For more information, please see: https://obamawhitehouse.archives.gov/the-press-office/2011/10/07/executive-order-1.3587-
structural-reforms-improve-security-classified-net.
93 For more information, please see: https://www.whitehouse.gov/briefiiig-room/presideiitial-actions/2021/05/12/executive-order-
on-improving-the-nations-cybersecurity/
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Continue maturation and refinement of Agency's Incident Response procedures in
compliance with CISA's Playbook for Responding to Cybersecurity Vulnerabilities and
Incidents.
Continue work to integrate End Point Detection and Response (EDR) capabilities with the
Continuous Diagnostics and Mitigation Program to support proactive detection of
cybersecurity incidents within the EPA information environment, supporting active cyber
hunting, containment and remediation, and incident response. This work includes extensive
coordination with CISA and deployment of capabilities across the Agency to meet the
requirements in OMB Memorandum M-22-01.94
Mature the security logging capabilities as outlined in OMB Memorandum M-21-31,95
"Improving the Federal Government's Investigative and Remediation Capabilities Related
to Cybersecurity Incidents." EPA is on track to comply with the system logging
requirements in FY 2023 to meet Event Logging (EL) level 2 for Intermediate Logging
requirements of highest and intermediate criticality and EL level 3 for Advanced Logging
requirements at all criticality levels.
In compliance with OMB Memorandum M-22-09,96 "Moving the U.S. Government
Toward Zero Trust Cybersecurity Principles," the SOC will support the implementation of
a Zero Trust Architecture across the Agency.
Continue to mature and refine the Vulnerability Disclosure Program (VDP) in compliance
with Binding Operational Directive (BOD) 20-01,97 "Develop and Publish a Vulnerability
Disclosure Policy." The Agency will increase the scope of the program and improve
response capabilities to expedite remediation and improve status reporting.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$120.0) 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.
94 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2Q21/10/M-22-
01. .pdf?ref=hackemoon.com
95 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/08/M-21-31-Improving-the-
Federal-Govemments-Investigative-and-Remediation-Capabilities-Related-to-Cybersecurity-Incidents.pdf
96 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2022/01/M-22-09.pdf
97 For additional information, please see: https://cyber.dhs.gov/assets/report/bod-20-01.pdf
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(+$385.0 / +1.0 FTE) This program change is an increase in resources and FTE to support
the Agency's homeland security coordination and intelligence efforts. This includes $205.0
thousand in payroll.
Statutory Authority:
Resource Conservation and Recovery Act, §§ 1001, 2001, 3001, 3005; Safe Drinking Water Act;
Clean Water Act, §§ 101, 102, 103, 104, 105, 107; Clean Air Act, §§ 102, 103, 104, 108; Toxic
Substances Control Act, §§ 201, 301, 401; Federal Insecticide, Fungicide, and Rodenticide Act,
§§ 136a-136y; Bio Terrorism Act of 2002, §§ 303, 305, 306, 307; Homeland Security Act of 2002;
Post-Katrina Emergency Management Reform Act; Defense Against Weapons of Mass
Destruction Act; and Food Safety Modernization Act, § 208.
310
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Homeland Security: Critical Infrastructure Protection
Program Area: Homeland Security
Goal: Safeguard and Revitalize Communities
Objective(s): Prepare for and Respond to Environmental Emergencies
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
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Budget v.
FY 2022 Annualized
CR
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$9,653
$10,380
$14,526
$4,146
Total Budget Authority
$10,386
$11,289
$15,540
$4,251
Total Workyears
23.7
26.6
32.6
6.0
Program Project Description:
The Critical Infrastructure Protection Program supports EPA's efforts to coordinate and provide
technical expertise to enhance the protection of the Nation's critical water infrastructure from
terrorist threats and all-hazard events through effective information sharing and dissemination.
This program provides water systems with current information on methods and strategies to build
preparedness for natural and man-made threats.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.3, Prepare for and Respond to
Environmental Emergencies in the 1
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Providing water utilities, of all sizes, with access to a comprehensive range of important
materials, including the most updated information, tools, training, and protocols designed
to enhance the security (including cybersecurity), preparedness, and resiliency of the water
sector (including addressing natural hazards, including climate change); and
Ensuring that water utilities receive timely and informative alerts about changes in the
homeland security advisory level and regional and national trends in certain types of water-
related incidents. For example, should there be types of specific, water-related threats or
incidents that are recurring, EPA, in coordination with the Department of Homeland
Security and other appropriate agencies, will alert utilities of the increasing multiple
occurrences of or trends in these incidents.
Effective information sharing protocols allow the water sector to improve its understanding of the
latest water security and resiliency protocols and threats. These protocols reduce risk by enhancing
the water sector's ability to prepare for an emergency.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act (SDWA) implementation and
compliance and performance results in the Drinking Water Programs, under the EPM
appropriation, to support safe drinking water for the Nation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$10.0) 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.
(+$95.0) This program change is an increase in resources to support the protection of
critical water infrastructure.
Statutory Authority:
Safe Drinking Water Act, §§ 1431-1435; Clean Water Act; Public Health Security and
Bioterrorism Emergency and Response Act of 2002; Emergency Planning and Community Right-
to-Know Act, §§ 301-305.
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Homeland Security: Protection of EPA Personnel and Infrastructure
Program Area: Homeland Security
Goal: Safeguard and Revitalize Communities
Objective(s): Prepare for and Respond to Environmental Emergencies
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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$500
$501
$501
$0
Building and Facilities
$7,006
$6,676
$6,676
$0
Hazardous Substance Superfund
$845
$1,030
$1,530
$500
Total Budget Authority
$13,266
$13,166
$13,846
$680
Total Workyears
9.2
9.2
9.2
0.0
Total workyears in FY 2023 include 9.2 FTE to support Homeland Security Working Capital Fund (WCF) services.
Program Project Description:
Environmental Programs and Management resources for the Homeland Security: Protection of
EPA Personnel and Infrastructure Program ensure that EPA maintains a robust physical security
and preparedness infrastructure, ensuring that its numerous facilities are secured and protected in
line with the federally mandated Interagency Security Committee standards.
In order to secure and protect EPA's personnel and physical infrastructure, the Agency operates a
USAccess Personal Identity Verification (PIV) program, which adheres to the requirements as set
forth in Homeland Security Presidential Directive-12 (HSPD-12).98 This program ensures the
Agency complies with government-wide standards for the issuance of secure and reliable forms of
identification to federal employees and contractors who require access to federally controlled
facilities and networks. Additionally, EPA's National Security Information (NSI) Program
manages and safeguards EPA's classified information for its federal workforce and contractors.
Through the NSI program, EPA initiates and adjudicates personnel background investigations,
processes fingerprint checks, determines individual eligibility to access classified NSI, maintains
personnel security records for all federal and non-federal employees, and conducts federally
mandated training and NSI inspections.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.3, Prepare for and Respond to
Environmental Emergencies in the FY 2022 - 2026 EPA Strategic Plan.
As part of the nationwide protection of buildings and critical infrastructure, EPA performs
vulnerability assessments on facilities each year. Through this program, the Agency also
98 For additional information, please see: https://www.dhs.gov/homeland-security-presidential-directive-12
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recommends security risk mitigations, oversees access control measures, determines physical
security measures for new construction and leases, and manages the lifecycle of security
equipment.
In FY 2023, EPA will continue to partner with the General Services Administration (GSA) on the
Enterprise Physical Access Control System (ePACS). ePACS supports the Agency's
modernization of its security infrastructure in compliance with HSPD-12 and ensures that the
Agency is undertaking every effort to enhance safety, security, and efficiency by more effectively
controlling access into all EPA-controlled physical space and networks. In addition, the Agency
will continue to utilize GSA's Managed Service Office program, USAccess, for PIV card
enrollment and issuance. USAccess is a GSA managed, shared services solution that provides EPA
the ability to produce and maintain secure and reliable forms of identification, as required per
HSPD-12, for all EPA employees and contractors.
EPA complies with 5 CFR 1400, which requires that federal and non-federal positions are
designated for both risk and sensitivity and that personnel have appropriate background
investigations commensurate with their position's risk and sensitivity designation. EPA will
continue to manage the personnel security, suitability, fitness, and NSI programs and conduct
background investigations following appropriate federal guidance, ensuring that personnel are
properly investigated for the positions they encumber and that classified material and activity is
properly handled. As federal guidelines and policies change or are introduced, the systems
supporting background investigations and the NSI Program will be updated and enhanced as
needed.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$180.0) This program change supports the protection of EPA personnel and
infrastructure. These funds will support ePACS and the Agency's modernization of its
security infrastructure efforts to control access into all EPA-controlled physical space and
networks.
Statutory Authority:
Intelligence Reform and Terrorism Prevention Act of 2004; Privacy Act of 1974; REAL ID Act
of 2005; Homeland Security Act of 2002; Americans with Disabilities Act; Reorganization Plan
No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485 (codified at Title 5, App.)
(EPA's organic statute).
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Indoor Air and Radiation
315
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Indoor Air: Radon Program
Program Area: Indoor Air and Radiation
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Reduce Exposure to Radiation and Improve Indoor Air
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
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$112
$157
$157
$0
Total Budget Authority
$2,336
$3,293
$5,161
$1,868
Total Workyears
8.8
9.0
12.4
3.4
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 risk posed by exposure to indoor radon. Under the statute, EPA studies
the health effects of radon, assesses exposure levels, sets an action level, provides technical
assistance to states, industry, and the public, advises the public of steps they can take to reduce
exposure, and promotes the availability of reliable radon services and service providers to the
public.
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 year." The
EPA's non-regulatory Indoor Air: Radon Program promotes actions to reduce the public's health
risk from indoor radon. EPA and the Surgeon General recommend that people do a simple home
radon test and, if levels above the 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 homes are still in need of
mitigation. This voluntary program promotes partnerships among national organizations, the
private sector, and more than 50 state, local, and tribal governmental programs to reduce radon
risk.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.2, Reduce Exposure to Radiation and
Improve Indoor Air in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA is requesting additional resources to support restoration of core capacity in this
Program, including building up staff expertise and analytical capabilities.
99 https://www.epa.gov/radoii.
316
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EPA will continue to lead the federal government's response to radon and to implement the
Agency's own multi-pronged radon program. Work in this program supports the President's
priority of advancing environmental justice. EPA will drive action at the national level to reduce
radon risk in homes and schools through the National Radon Action Plan, partnerships with the
private sector and public health groups, technical assistance to states and industry, public outreach,
and education activities. The Agency will encourage radon risk reduction as a normal part of doing
business in the real estate marketplace, will promote local and state adoption of radon prevention
standards in building codes, and will participate in the development of national voluntary standards
(e.g., mitigation and construction protocols) for adoption by states and the radon industry. EPA
will continue working to update the framework that ensures a quality, credentialed radon
workforce.
Performance Measure Targets:
(PM LCD) Number of lung cancer deaths prevented through lower radon
FY 2022
FY 2023
exposure.
Target
Target
1,881
1,962
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$101.0) 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.
(+$1,767.0 / +3.4 FTE) This increase in resources supports efforts to restore EPA's staff
expertise, analysis, and capacity in the indoor air radon program in order to better lead the
federal government's response to radon and to implement the Agency' s own multi-pronged
radon program. This investment includes $647.0 thousand in payroll.
Statutory Authority:
Title III of the Toxic Substances Control Act (TSCA); Title IV of the Superfund Amendments and
Reauthorization Act (SARA); Clean Air Act.
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Radiation: Protection
Program Area: Indoor Air and Radiation
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Reduce Exposure to Radiation and Improve Indoor Air
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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$1,645
$1,735
$2,224
$489
Hazardous Substance Superfund
$1,973
$1,985
$2,872
$887
Total Budget Authority
$11,901
$11,381
$15,684
$4,303
Total Workyears
60.0
53.8
66.7
12.9
Program Project Description:
EPA has general and specific duties to protect human health and the environment from harmful
and avoidable exposure to radiation under multiple statutes. EPA's Radiation Protection Program
carries out these responsibilities through its federal guidance and standard-setting activities,
including: regulatory oversight and implementation of radioactive waste disposal standards for the
Department of Energy's (DOE) Waste Isolation Pilot Plant (WIPP); the regulation of airborne
radioactive emissions; general disposal standards for nuclear waste repositories; and the
development and determination of appropriate methods to measure and to model radioactive
releases and exposures under Section 112 of the Clean Air Act. The Radiation Protection Program
also supports EPA, state, local and tribal authorities by providing radiation protection scientific
analyses and recommendations needed to inform risk management policies, and the necessary
radiation risk communications expertise to support local community engagement on issues related
to legacy contamination and environmental justice needs.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.2, Reduce Exposure to Radiation and
Improve Indoor Air in the FY 2022 - 2026 EPA Strategic Plan.
EPA will meet its statutory obligation to implement its regulatory oversight responsibilities for
DOE activities at the WIPP facility, as mandated by Congress in the WIPP Land Withdrawal Act
of 1992. In FY 2023, EPA anticipates conducting a detailed review of the DOE request for
expanding the WIPP repository to address needs for more waste disposal area, permitting disposal
of previously identified transuranic waste as well as more recently identified needs for disposal of
surplus plutonium. EPA will review and implement regulations or guidance, as necessary. The
Agency also will provide technical and policy analysis supporting scientific goals for space
exploration. EPA serves on the Interagency Nuclear Safety Review Board with NASA and DOD
to provide launch safety analysis. EPA scientists will participate, as appropriate, in interagency
working groups to examine issues of low-dose radiation health impacts and identify any needed
318
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changes to existing technical and policy guidance. EPA radiation risk communicators will provide
radiation-related website and communications product content that is clear and accessible to the
general public, including those with limited English proficiency.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$315.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
(+$2,612.0 / +8.3 FTE) This program change is an increase that supports efforts to restore
EPA's staff expertise, analysis, and capacity in the radiation protection program to provide
radiation protection scientific analyses and recommendations needed to inform risk
management policies. It also supports the necessary radiation risk communications
expertise for local community engagement on issues related to legacy contamination and
environmental justice needs. This investment includes $1,485 million in payroll.
Statutory Authority:
Atomic Energy Act of 1954; Clean Air Act; Energy Policy Act of 1992; Nuclear Waste Policy Act
of 1982; Public Health Service Act; Safe Drinking Water Act; Uranium Mill Tailings Radiation
Control Act (UMTRCA) of 1978; Waste Isolation Pilot Plant Land Withdrawal Act of 1992;
Marine Protection, Research, and Sanctuaries Act; Clean Water Act.
319
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Radiation: Response Preparedness
Program Area: Indoor Air and Radiation
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Reduce Exposure to Radiation and Improve Indoor Air
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 2. ~03
S 2.404
S .\004
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$3,063
$3,096
$4,383
$1,287
Total Budget Authority
$5,766
$5,500
$7,387
$1,887
Total Workyears
32.1
33.3
41.4
8.1
Program Project Description:
EPA generates policy guidance and procedures for the Agency's radiological emergency response
under the National Response Framework (NRF) and the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP). The Agency maintains its own Radiological Emergency
Response Team (RERT) and is a member of the Department of Homeland Security/Federal
Emergency Management Agency Federal Radiological Preparedness Coordinating Committee
(FRPCC) and the Federal Advisory Team for Environment, Food and Health (the "A-Team"). The
A-Team includes radiation protection experts from EPA, the Centers for Disease Control and
Prevention, the Food and Drug Administration and the Department of Agriculture, and their
function is to advise federal, state, local and tribal authorities during radiological/nuclear
emergencies on public safety issues including evacuation, sheltering, and contamination concerns
for food, drinking water and other resources. EPA continues to respond to radiological
emergencies; conducts essential national and regional radiological response planning and training;
and develops response plans for radiological incidents or accidents.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.2, Reduce Exposure to Radiation and
Improve Indoor Air in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will continue to streamline activities and fill gaps in the expertise that is critical
for essential preparedness work, restoring critical capacity to meet EPA's core mission. The RERT
will maintain essential readiness to support federal radiological emergency response and recovery
operations under the NRF and NCP. EPA will participate in interagency training and exercises to
maintain readiness levels needed to fulfill EPA's responsibilities.
Evaluation of Response Plans
In FY 2023, EPA will continue to work with interagency partners, including those under the FRPCC
as well as those at the state, local and tribal levels to examine and, as needed, revise radiation
emergency response plans, protocols, and standards. Under the NRF, EPA is the coordinating
320
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agency for responding to foreign nuclear incidents, such as the Fukushima accident. In FY 2023,
EPA will maintain staff readiness and training needed to meet the Agency's mission during such
incidents. EPA will review and revise preparedness guidance to ensure that the Agency's response
efforts address the needs of the public, with special emphasis on the most vulnerable. EPA will
support the U.S. Government assessment of foreign nuclear technology used in space nuclear
systems and advanced reactor technologies. Building on efforts started in FY 2022, EPA will
continue work on the safety evaluation of the National Aeronautics and Space Administration's
DRACO mission for potential impacts to human health and the environment and begin contingency
planning for its mission launch, scheduled for 2025.
Coordinating Preparedness Efforts
EPA will continue essential planning and will participate in interagency table-top and field
exercises, including radiological accident and incident response and anti-terrorism activities with
The Advisory Team for Environment, Food, and Health, the Nuclear Regulatory Commission, the
Department of Energy, the Department of Defense, and the Department of Homeland Security. The
Agency also will provide technical support on priority issues to federal, state, local and tribal
radiation, emergency management, solid waste and health programs responsible for implementing
radiological emergency response and preparedness programs. The Agency will continue to train
and advise on the Protective Action Guidance100 and use lessons learned from incidents and
exercises to ensure the effective delivery of EPA support in coordination with other federal, state,
local and tribal authorities.
Performance Measure Targets:
(PM RAD2) Percentage of radiation emergency response program
personnel and assets that meet functional readiness requirements necessary
to support federal radiological emergency response and recovery operation.
FY 2022
Target
FY 2023
Target
90
92
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$36.0) 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.
(+$564.0 / +3.1 FTE) This net program change is an increase that supports efforts to restore
EPA's staff expertise, analysis, and capacity in the radiation response program in order to
examine and, as needed, revise radiation emergency response plans, protocols, and
standards and continue essential planning for preparedness efforts. This investment
includes $565.0 thousand in payroll.
100 For additional information, please see: https://www.epa.gov/sites/production/files/2017-
01/docuiiients/epa pag manual final revisions 01.-1.1.-201.7 cover disclaimer_8.pdf.
321
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Statutory Authority:
Homeland Security Act of 2002; Atomic Energy Act of 1954; Clean Air Act; Post-Katrina
Emergency Management Reform Act of 2006 (PKEMRA); Public Health Service Act (PHSA);
Robert T. Stafford Disaster Relief and Emergency Assistance Act; Safe Drinking Water Act
(SDWA).
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Reduce Risks from Indoor Air
Program Area: Indoor Air and Radiation
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Reduce Exposure to Radiation and Improve Indoor Air
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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$296
$161
$173
$12
Total Budget Authority
$11,264
$11,911
$23,715
$11,804
Total Workyears
40.8
37.2
68.1
30.9
Program Project Description:
Title IV of the Superfund Amendments and Reauthorization Act of 1986 (SARA) authorizes EPA
to conduct and coordinate research on indoor air quality, develop and disseminate information,
and coordinate risk reduction efforts at the federal, state, and local levels. Poor indoor air quality
represents one of the largest risks in EPA's portfolio.101 EPA uses a range of strategies to reduce
health risks from poor indoor air quality in homes, schools, and other buildings through
partnerships with non-governmental, professional, federal, state and local organizations. Through
these partnerships EPA provides information, guidance and technical assistance that equips
industry, the health care community, the residential, school and commercial building sectors, and
the general public to take action. As technical experts working at the intersection of the built
environment and health, EPA is focused on policy and guidance to improve building conditions,
including for disproportionately impacted communities, to reduce indoor air risk and achieve
improvements in environmental and health outcomes.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.2, Reduce Exposure to Radiation and
Improve Indoor Air in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Indoor Air Program will include efforts targeted to children, underserved
communities and other vulnerable populations, with a particular focus on new demands and
opportunities for improvements in ventilation, filtration, and other protective indoor air practices,
including those created by the COVID-19 pandemic and wildfire events. EPA will continue to lead
on these issues by providing technical assistance and guidance on upgrading public buildings
including schools to protect against airborne disease transmission and wildfire smoke exposure
and provide guidance to the general public to reduce harmful exposures indoors, emphasizing that
these upgrades will be beneficial to not only pandemic preparedness and disaster resilience, but
also improved public health in the long-term.
101 https://www.epa.gov/iaq.
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Additionally, EPA will collaborate with public and private sector organizations to provide clear
and verifiable protocols and specifications for promoting good indoor air quality and support
adoption of these protocols and specifications into existing healthy, energy efficiency, and green
building programs and initiatives to promote healthy buildings for a changing climate. EPA also
will equip the housing sector with guidance to promote the adoption of these best practices with
the aim of creating healthier, more energy efficient homes, including for low-income families.
EPA also will equip school leaders to make science-based decisions and implement sustainable
ventilation, filtration and other indoor air quality improvements for healthy school environments.
EPA will build the capacity of community-based organizations to provide comprehensive asthma
care that integrates management of indoor environmental asthma triggers and health care services,
with a particular focus on low-income, minority, and tribal communities. Through FY 2021, EPA
has equipped 1,600 programs to support the infrastructure, delivery, and sustainability of
comprehensive asthma care. Through FY 2023, EPA will equip an additional 2,100 programs.
Internationally, EPA will renew support of the household energy sector, providing technical
assistance and promoting the adoption of voluntary international stove standards to accelerate
adoption of clean cookstoves and fuels, in order to reduce the climate, health, and equity impacts
of rudimentary stove use in developing nations. EPA will work with partners to increase the
sustained use of clean and efficient cookstoves by helping ensure the distribution of 60 million
clean cookstoves worldwide in FY 2023.
Performance Measure Targets:
(PMIA) Number of additional programs, annually, equipped to support the
infrastructure, delivery and sustainability of comprehensive asthma care.
FY 2022
Target
FY 2023
Target
1,800
2,100
(PM CS) Millions of demonstrably improved (field or lab tested) cookstoves
sold.
FY 2022
Target
FY 2023
Target
50
60
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$400.0) 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.
(+$11,392.0 / +30.9 FTE) This program change is an increase that supports efforts to
restore EPA's staff expertise, analysis, and capacity in the indoor air program. Funds also
support efforts to address indoor air quality during wildfires, to reduce asthma disparities,
to promote healthy school facilities in low-income communities in the U.S., and to address
the international climate crisis by improving public health through the adoption of clean
cookstoves. This investment includes $5,606 million in payroll.
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Statutory Authority:
Title IV of the Superfund Amendments and Reauthorization Act (SARA); Title III Toxic
Substances Control Act; Clean Air Act.
325
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Information Exchange
326
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Children and Other Sensitive Populations: Agency Coordination
Program Area: Information Exchange / Outreach
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SS.2"
S6.362
SIM
Total Budget Authority
$8,277
$6,173
$6,362
$189
Total Workyears
18.2
18.4
18.4
0.0
Program Project Description:
The Children's Health Program coordinates and advances the protection of children's
environmental health across the EPA by assisting with developing regulations, improving risk
assessment and science policy, implementing community-level outreach and education programs,
and tracking indicators of progress on children's health. The Children's Health Program is directed
by the Policy on Evaluating Health Risks to Children,102 Executive Order (EO) 13045 Protection
of Children's Health from Environmental Health Risks and Safety Risks,103 statutory authorities
addressing children's environmental health, and other existing guidance.104
In FY 2021, the Children's Health Program supported Pediatric Environmental Health Specialty
Units by providing supplemental programming on children's health in Environmental Justice (EJ)
communities, particularly during the COVID pandemic;105 awarded two grants to provide
technical assistance to support the improvement of school facilities106 and announced a new grant
opportunity107 for up to 10 awardees to support healthy school environments with an emphasis on
underserved communities; hosted a workshop for public health officials on children's health and
wildfire smoke; partnered with Scholastic to host a challenge that reached over 68 percent of
middle school teachers and 117,000 student participants regarding stormwater and children's
health protection; conducted two plenary meetings of the Children's Health Protection Advisory
Committee (CHPAC)108 to receive advice on heathy school environments and TSCA, and
launched a new charge regarding the Consideration of Legally Working Children in Pesticide
Exposure Assessments; developed a video to provide basic children's environmental health
information; and conducted events and outreach to stakeholders to reinvigorate EPA's presence
and voice, among other initiatives.
102 For more information, please see: https://www.epa.gov/children/epas-policy-chilclrens-health.
103 For more information, please see: https://www.govinfo.gov/content/pkg/FR-1997-04-23/pdf/97-10695.pdf.
104 For more information, please see: https://www.epa.gov/children/rules-and-regulations-impact-childrens-health.
105 For more information, please see: https://www.pehsu.net/.
106 For more information, please see: https://www.epa.gov/newsreleases/epa-announces-selection-organizations-receive-funding-
healthy-leaming-environments.
107 For more information, please see: https://www.epa.gov/newsreleases/epa-announces-request-applications-childrens-healthy-
leaming-environments-low-income.
108 For more information, please see: https://www.epa.gov/children/childrens-health-protection-advisory-committee-chpac.
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The Children's Health Program has a successful track record of collaboration with non-
governmental organizations, state, local and tribal governments, and other federal agencies. To
further protection of children in EJ communities, and those affected by climate change, the
Program led the steering committee of the President's Task Force on Environmental Health Risks
and Safety Risks to Children to prepare for a meeting of cabinet-level principals which was held
in early FY 2022 to establish a new subcommittee to focus on children's environmental health,
climate change and disasters, and to rejuvenate subcommittees on lead and asthma disparities.
Within EPA, the Office of Children's Health Protection (OCHP) collaborates closely with EPA's
national program managers and regional offices, as well as EPA's Office of Environmental Justice,
to develop effective tools and messages in support of children in underserved communities who
disproportionately suffer from adverse environmental exposures, and to advance information and
messaging to address health risks to children from climate change.
In FY 2021, the Children's Health Program contributed to the development of approximately 100
regulations, scientific assessments and/or policies, including actions under the Toxic Substances
Control Act, Safe Drinking Water Act, Food Quality Protection Act, and Clean Air Act, among
others. The Program finalized an update to EPA's 2021 Policy on Children's Health109 that
considers scientific advances from the past 25 years and broadens scope to encompass the full
breadth of activities performed by EPA in support of children, including EJ and climate change;
and began formulation of metrics to report on progress. OCHP contributed to the Interagency
Policy Councils on Child and Maternal Health to assist their development to all-of-government
approaches for protecting children's health in schools and improving maternal health outcomes.
OCHP partnered with the Department of Health and Human Services to support the Lead Exposure
and Prevention Advisory Committee. OCHP reached stakeholders through nearly 135,000 web
impressions, and instituted approaches to better coordinate headquarters and regional children's
environmental health activities.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
Children's environmental health refers to the effect of the environment on children's growth,
wellness, development, and risk of disease. EPA strives for all parts of the Agency to apply and
promote the use of the best available science, policy, partnerships, communications, and action to
protect children from adverse health effects resulting from harmful environmental exposures. In
FY 2023, EPA will continue to protect children in underserved communities who suffer
disproportionately from the effects of exposures enhanced by socio-economic determinants of
health, and to address children's exposures which are exacerbated by climate change. EPA actions
will be informed by two important considerations; first, the scientific understanding of childhood
as a sequence of life stages, from conception through infancy and adolescence to early adulthood
(age 21); and second, the recognition that protecting children's health is necessary to protect
human health, because every adult was once a child.
109 For additional information, please see: https://www.epa.gov/system/files/documents/2021-10/2021-policy-on-chilclrens-
health.pdf.
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In FY 2023, the Children's Health Program will focus on implementing the 2021 Policy on
Children's Health to ensure that EPA consistently and explicitly considers early life exposures and
lifelong health in all human health decisions. The Program will convene the steering committee of
President's Task Force on Environmental Health Risks and Safety Risks to Children to report on
progress in the areas of climate change and disasters, childhood lead; asthma disparities; and
climate, emergencies and disasters, among other topics. The Program will continue to build on
partnerships with key stakeholders and leverage resources and work for durable, nationally
relevant improvements in children's health protection.
In FY 2023, the Program will evaluate and identify follow-up actions to an expected FY 2022
state-of-the-science report by the National Academies of Science, Engineering, and Medicine on
the latest scientific advancements on children's environmental health. The Program also will host
a variety of activities to mark Children's Health Month in October to educate parents, caregivers,
teachers, and others on how to better protect children from adverse environmental exposure. The
Program will coordinate two meetings of the Children's Health Protection Advisory Committee,
with delivery of expert responses to additional charge questions related to high priority children's
environmental health issues.
Performance Measure Targets:
(PM CHOI) Percentage of completed EPA actions that concern human
health that include assessment and consideration of environmental health
information and data for children at all life stages.
FY 2022
Target
FY 2023
Target
50
70
(PM CH02) Number of EPA regional offices with stakeholder engagement
on children's environmental health designed to provide durable, replicable,
and widespread results.
FY 2022
Target
FY 2023
Target
3
5
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$129.0) 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.
(+$60.0) This program change is an increase to provide additional support for existing
programs and workforce in the Children's Health Program. This includes updating and
expanding indicators and trends in America's Children and the Environment by gathering
evidence to better represent impacts of environmental exposures on children in underserved
communities and by making improvements in the accessibility and presentation of the
underlying data.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Toxic Substances Control Act (TSCA); Safe
Drinking Water Act (SDWA); Comprehensive Environmental Response, Compensation, and
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Liability Act (CERCLA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); and Food
Quality Protection Act (FQPA).
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Environmental Education
Program Area: Information Exchange / Outreach
Goal: Take Decisive Action to Advance Environmental Justice and Civil Rights
Objective(s): Promote Environmental Justice and Civil Rights at the Federal, Tribal, State and
Local Levels
(Dollars in Thousands)
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Final Actuals
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Annualized
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$3,311
$8,580
$8,668
$88
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10.1
9.2
9.2
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Program Project Description:
In 1990, the National Environmental Education Act (NEEA) was established with the objective of
improving the public's understanding and knowledge of the natural and built environment,
enabling people to effectively solve environmental problems. NEEA states that "there is growing
evidence of international environmental problems, such as global warming...that pose serious
threats to human health and the environment."110 The Office of Environmental Education (OEE)
has been tasked with implementing environmental education (EE) programming that helps EPA
address these issues from the local community to national and international levels with a focus on
frontline communities that are pollution-burdened and as well as underserved communities.
EPA's OEE staff manage the National Environmental Education Act Federal Advisory
Committee. Congress established the Agency's NEEAC under the NEEA, to advise the
Administrator on a wide range of environmental education matters.
The Program provides management and technical support to these advisory committees. The
Committee provides EPA's Administrator with independent advice on environmental issues,
addresses environmental issues, like climate change, that impact frontline and underserved
communities, through education, a commitment to equity, and stakeholder grants authorized by
the NEEA. OEE also supports the Agency's environmental and public health protection goals by
empowering communities with expanded access to quality environmental and climate education,
providing educational materials for teachers, hosting educational events and, engaging
stakeholders through the National Environmental Education and Training Program (teacher
training program), the Presidential Environmental Youth Award (PEYA) Program, and the
Presidential Innovation Award for Environmental Educators (PIAEE) Program. These programs
promote civic action to reduce the impacts of climate change and promote environmental and
climate equity through an educational lens.
In FY 2021, OEE recognized 15 educators and 32 students for their leadership and commitment
to environmental education and environmental stewardship. In FY 2021, five educators received
110 For more information, please see: https://www.epa.gov/sites/production/files/documents/neea.pdf
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the 2021 PIAEE, and 10 educators were recognized with an honorable mention distinction.
Winning educators demonstrated leadership by integrating environmental education into multiple
subjects and using topics such as climate change, a healthy school environment, environmentally
friendly agriculture practices, human contributions to ocean litter, Science, Technology,
Engineering, and Mathematics education, and recycling or school gardens.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 2/Objective 2.1, Promote Environmental Justice and
Civil Rights at the Federal, Tribal, State, and Local Levels in the FY 2022 - 2026 EPA Strategic
Plan.
OEE will implement the teacher training program and regional grant program with a focus on
fighting climate change and protecting public health through EE and improved engagement with
frontline communities that are pollution-burdened as well as underserved communities.
In FY 2023, OEE will:
Support career development through education by funding innovative EE grant projects in
frontline communities that can lead to inclusive, just, and pollution-free communities and
an economy that supports high-quality jobs.
Create an OEE's grant website tool for the public that provides detailed and valuable
information on all OEE regional grants, including information on audience, project format
and duration, environmental topic, and the environmental and educational impacts
achieved.
Ensure formal and non-formal educators have the knowledge and teaching skills necessary
to help advance environmental and climate literacy in America through the National
Environmental Education and Training Program.
Build strategic partnerships that include underserved and overburdened communities to
increase the conversation around using EE as a tool to achieve environmental protection
goals while achieving environmental justice (EJ), climate equity, and economic
prosperity.
Ask the National Environmental Education Advisory Council (NEEAC) to provide a set of
national recommendations on how frontline and underserved communities can use EE to
build capacity to become resilient to the effects of climate change.
Create public and private partnerships through the National Environmental Education
Foundation (NEEF) to develop programs and initiatives that can empower frontline
communities to address environmental threats, advance equity, and increase economic
prosperity for all.
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Create a whole of federal government approach to environmental and climate education
that promotes environmental stewardship and prioritizes equity, inclusion, EJ, and an
improved economy. For example, collaborate with the Department of Education to enlist
colleges and universities focusing on Minority Serving Institutions to assist underserved
communities through student internships, practicums, and capstone projects.
Utilize an information management system that will track outputs and outcomes for each
grant to ensure program effectiveness, improve program efficiency, and improve OEE's
overall customer service. The information tracking system also will be used for the PEYA
and PIAEE Programs.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$72.0) 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.
(+$16.0) This program change is an increase to support building public awareness and
knowledge through environmental education on issues such as climate change and
environmental justice.
Statutory Authority:
National Environmental Education Act (NEEA); Clean Air Act (CAA), § 103; Clean Water Act
(CWA), § 104; Solid Waste Disposal Act (SWDA), § 8001; Safe Drinking Water Act (SDWA), §
1442; Toxic Substances Control Act (TSCA), § 10; Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), § 20, and the Federal Advisory Committee Act (FACA).
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Exchange Network
Program Area: Information Exchange / Outreach
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
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$1,511
$1,328
$1,328
$0
Total Budget Authority
$15,224
$15,412
$15,741
$329
Total Workyears
28.8
30.2
30.2
0.0
Program Project Description:
EPA's Environmental Information Exchange Network (EN) is a standards-based, secure approach
for EPA and its state, tribal, and territorial partners to exchange and share environmental data over
the internet. Capitalizing on advanced technology, data standards, open-source software, shared
services for EPA's Digital Strategy, and reusable tools and applications, the EN offers its partners
tremendous capabilities for managing and analyzing environmental data more effectively and
efficiently, leading to improved decision-making.
The Central Data Exchange (CDX)111 is the largest component of the EN Program and serves as
the point of entry on the EN for environmental data transactions with the Agency. CDX provides
a set of core shared services that promote a leaner and more cost-effective service framework for
the Agency by avoiding the creation of duplicative applications. It enables faster and more efficient
transactions for internal and external EPA clients, resulting in reduced burden.
Working in concert with CDX is EPA's System of Registries, which is a system of shared data
services designed to enhance efficiency, reduce burden on the regulated community, and improve
environmental outcomes, including environmental justice. EPA and EN partners routinely
reference these shared data registries, from commonly regulated facilities and substances to the
current list of federally recognized tribes. They identify the standard or official names for these
assets, which, when integrated into EPA and partner applications, foster data consistency and data
quality as well as enable data integration.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will continue to support core functions for the EN information technology (IT)
systems. The EN Program will continue to be a pivotal component of EPA's Digital Strategy that
111 For more information on the Central Data Exchange, please see: https://cdx.epa.gov/.
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supports business process change agencywide. Under this strategy and the 21st Century Integrated
Digital Experience Act,112 the Agency is streamlining business processes and systems to reduce
reporting burden on states and regulated facilities and to improve the effectiveness and efficiency
of environmental programs for EPA, states, and tribes. EPA also is responsible for managing EN
technical governance groups and administering the pre- and post-award phases of the EN grants
to states, tribes, and territories. These efforts support a standards-based, secure approach for EPA
and its state, tribal, and territorial partners to efficiently exchange and share environmental data
electronically. The Agency also administers and implements the Cross-Media Electronic
Reporting Regulation (CROMERR) that removes regulatory obstacles for e-reporting to EPA
programs under Title 40 of the Code of Federal Regulations (CFR).
EPA aims to reduce burden and avoid costs while improving IT. The Agency provisioned Virtual
Exchange Services (VES), or virtual nodes, to facilitate data transactions supporting states and
tribal partners. EPA will continue to carry out the baseline support for the adoption and onboarding
of VES and associated services for EPA and its partners. This includes providing a technology
framework - shared CROMERR services - which reduces the burden on programs and external
reporters by providing CROMERR compliant solutions. For example, the shared electronic
identity proofing and signature services for CROMERR supports 31 partner regulatory reporting
programs to date. EPA estimates that partners adopting shared CROMERR services save $120
thousand in development and at least $30 thousand in operations each year, which results in a cost
avoidance of greater than $2.5 million for EN partners.
In FY 2023, EPA will continue to improve the functionality and use of the System of Registries.113
In addition to streamlining the Registries, EPA will launch a broader effort across the enterprise
to engage organizations and facilitate the adoption of these data services through Cloud technology
and Representational State Transfer (REST or RESTful) application programming interfaces
(API). Registries are shared data services in which common data are managed centrally but shared
broadly. They improve data quality in EPA systems, enable integration and interoperability of data
across program silos, and facilitate discovery of EPA information. An example of the Agency's
effort to promote the adoption of data services is the integration of the tribal identification services
(TRIBES) across EPA systems.
In FY 2023, EPA will continue implementing a solution related to shared facility identification
information. Centralized facility management also is fundamental to better environmental
management by bringing together EPA data across programmatic silos. Like facility data,
substance information also is regulated across EPA programs, with many EPA programs relying
on the Substance Registry Service (SRS) to improve data quality and reduce burden.
EPA tracks the number of registry webpages, users, and web service hits as one measure of usage.
For example, the SRS website is visited by approximately 60 thousand users per month; many of
these users visit SRS to understand regulatory information about chemicals. SRS also receives
between 20 thousand and 140 thousand web service hits per month (depending on reporting
cycles), mostly by EPA systems that have incorporated the web services into their online reporting
112 For more information on the 21st Century Integrated Digital Experience Act, please refer to:
https://www.c0ngress.g0v/l 1.5/plaws/publ336/.PLAW-1.1.5publ336.pdf.
113 For more information, please see: https://ofmpub.epa.gov/sor intemet/registry/sysofreg/about/about.jsp.
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forms. Priorities for EPA registries include improving registry technologies by moving them into
an open-source platform, so they are cloud-ready.
In FY 2023, EPA will migrate TRIBES, SRS, and the Registry of EPA Applications, Models and
Data Warehouses (READ) to a cloud-based open-source platform. EPA will continue to expand
the number of EPA and partner systems that integrate registry services into their online reports and
systems, reducing burden and improving data quality. This includes updating EPA's dataset
registry to allow EPA scientists, external partners, and others to share information and make
information easier to find in the cloud.
In FY 2023, EPA will continue to work with the Department of Homeland Security's Customs and
Border Protection (CBP) to maintain, utilize, and improve systems to facilitate the import and
export of legitimate goods and leverage big data and artificial intelligence tools to identify and
prevent or stop illegal goods from entering or leaving the United States. EPA supports over 20
data exchange types within EPA and with CBP to automate and streamline over 8 million annual
import and export filings. This automation is essential for managing a significantly increasing
number of imports and exports (e.g., due in large part to e-Commerce) and allows
coordinators/officers to focus on compliance monitoring and key high-value targeting activities
for non-compliant imports and exports, and to better coordinate with CBP.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$329.0) 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. This change also
includes program increases for the Exchange Network Program to support environmental
data sharing among EPA, state, tribes, and territories.
Statutory Authority:
Federal Information Security Management Act (FISMA); Clean Air Act (CAA); Clean Water Act
(CWA); Toxic Substances Control Act (TSCA); Federal Insecticide Fungicide and Rodenticide
Act (FIFRA); Resource Conservation and Recovery Act (RCRA); Government Performance and
Results Act (GPRA); Government Management Reform Act (GMRA); Clinger-Cohen Act (CCA).
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Executive Management and Operations
Program Area: Information Exchange / Outreach
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
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$48,837
$46,836
$63,256
$16,420
Total Workyears
263.6
272.1
309.1
37.0
Total workyears in FY 2023 include 6.2 FTE to support Executive Management and Operations working capital fund (WCF)
services.
Program Project Description:
The Executive Management and Operations Program supports various offices that provide direct
executive and logistical support to EPA's Administrator. In addition to the Administrator's
Immediate Office (10), the Program supports the Office of Congressional and Intergovernmental
Relations (OCIR), Office of Administrative and Executive Services (OAES), Office of the
Executive Secretariat (OEX), the Office of Public Affairs (OPA), and the Office of Public
Engagement and Environmental Education (OPEEE).
The Program also supports EPA's 10 regions. The Program's management, coordination, and
policy activities link the Agency's engagement with outside entities, including Congress, state and
local governments, tribes, nongovernmental organizations, national and community associations,
and the public.
Within the Program, key functions include responding to congressional requests for information;
coordinating and providing outreach to state and local governments, tribes, and rural communities;
and supporting press and other communications activities. The Program also resources mission
support functions, including but not limited to administrative management services involving
correspondence control and records management systems, human resources management, budget
formulation and execution, outsourcing, and information technology management services.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an additional $16.4 million to support engagement with state and
local partners, enhance training of healthcare providers in underserved communities on the
prevention, diagnosis, management, and treatment of children's exposure to lead, implement and
strengthen the Agency's ability to carry out effective risk communication, restore core capacity to
the Executive Management and Operations Program, provide contract support for the Agency's
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management operations and multi-media and risk communications, and support evidence building
activities in support of the Foundations for Evidence-Based Policymaking Act of 2018.
OCIR serves as EPA's principal point of contact for Congress, regions, states, and local
governments and as the coordination point for interaction with other agency offices and officials.
OCIR is comprised of two main components: the Office of Congressional Affairs (OCA) and
Office of Intergovernmental Relations (OIR). OCA facilitates all legislative activity and
interactions with Congress. OIR manages interactions with state and local governments and serves
as the liaison for the Agency with national associations for state and local officials.
In FY 2023, OCA will continue to prepare EPA officials for hearings, oversee responses to written
inquiries and oversight requests from members of Congress, and coordinate and provide technical
assistance and briefings on legislative areas of interest to members of Congress and their staff.
In FY 2023, OIR will continue to inform and consult with state and local governments on
regulations and other EPA activities. Additionally, OIR will continue to lead the Agency's efforts
to support and build partnerships with the states, local governments, and tribes on environmental
priorities through regular engagements with intergovernmental associations and state and local
officials, as well as through the National Environmental Performance Partnership System and the
increased use of Performance Partnership Agreements and Grants with a focus on addressing
climate change and ensuring underserved communities are considered throughout the process. OIR
also will continue to operate its Local Government Advisory Committee and Small Communities
Advisory Subcommittee, which provide critical advice to the Administrator.
In addition, OCIR will continue to regularly review and evaluate its processes for responding to
congressional and intergovernmental correspondence and Freedom of Information Act (FOIA)
requests; prepare for hearings or briefings; provide technical assistance; and coordinate with
EPA's program offices, regional offices, states, local officials, and associations. In addition, the
Agency requests an additional $2.45 million to support EPA's implementation of the Foundations
for Evidence-Based Policymaking Act of 2018. OCIR's activities supporting the Grant
Commitments Met learning priority area in EPA's Learning Agenda, will include conducting
reviews of select agency grant programs to learn if the commitments established and met are
achieving the intended environmental results, and provide recommendations, as appropriate, to
inform future grants management.
OPA facilitates the exchange of information between EPA and the public, media, Congress, and
state and local governments; broadly communicates EPA's mission; assists in public awareness of
environmental issues; and informs EPA employees of important issues that affect them. Annually,
OPA issues nearly 1,500 press releases; responds to approximately 8,000 media inquiries; and
oversees more than 150 audio-visual productions, 500 graphic productions, 2,700 event
photographs, and 40 portraits. In addition, in terms of digital media, OPA receives over 160 million
impressions on the internet, including www.epa.eov and EPA social media accounts, and posts
nearly 100 unique EPA homepage internet news banners. Also, to facilitate communications with
EPA employees nationwide, OPA annually posts over 200 intranet banners; issues 48 issues of a
weekly e-newsletter - This Week @ EPA - with a total of 240 articles; and sends more than 100
agencywide employee Mass Mailers from EPA's Administrator, Deputy Administrator, and other
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senior leaders. In FY 2023, OPA will continue to inform the media of agency initiatives and deliver
timely, accurate information. The Office will continue to update the Agency's internet site to
provide stakeholders with transparent, accurate, and comprehensive information on EPA's
activities and policies. OPA will continue using social media, multimedia, and new media tools to
provide stakeholders with information. The Office also will work with EPA's programs and
regional offices to improve employee communication; external communication on relevant
environmental and human health risks; collaboration and engagement with internal and external
stakeholders; updates to the Agency's intranet site; and the use of other communication tools.
OPA also is responsible for ensuring that EPA carries out effective risk communication by sharing
critical information on how we are addressing human health and environmental risks with the
American public, communities, public officials, and other stakeholders in a way that it is tailored
to their needs, reaching a wide audience, and providing meaningful actions they can take to reduce
risk. This is integral to most of the work done across the Agency's offices and regions and is
essential to carrying out EPA's mission of protecting human health and the environment.
Currently, we are working to ensure that risk communicators at the Agency are connected to best
practices from the field, high quality training opportunities, and agencywide efforts underway to
improve risk communication. Further, EPA regularly faces intractable risk communication issues
that often need sustained focus by highly trained staff who can apply evidence-based practices.
Addressing these issues and meeting the challenges of the future requires creating sustained culture
change, building agency knowledge and a robust community of practice, and developing strong
relationships with the academic community and our federal, state, and tribal partners.
In FY 2023, the Agency will continue to strengthen EPA's ability to carry out effective and
consistent risk communication and position the Agency to meet the risk communication challenges
of the future by:
(1) Significantly expanding training across the Agency and with its partners, to create a
community of practice and increase staff knowledge in a meaningful and sustainable way.
This will increase the number of staff at the Agency and among partners who are using the
same best practices in their risk communication efforts while at the same time building a
network of staff located across all regions and offices who are well-positioned to share
their risk communication expertise.
(2) Launching an internal risk communication fellowship program to increase EPA's progress
on the most difficult risk communication issues. The fellowship program will be open to
EPA employees and will provide 10 weeks of intensive risk communication study and
training followed by 10 to 13 weeks of applying the knowledge gained to an intractable
risk communication problem facing the home office or region.
(3) Developing academic partnerships to study EPA's risk communication challenges and
improve the Agency's reliance on evidence-based practices. This includes increasing
research partnerships to develop a research portfolio with the explicit goal of studying
EPA-relevant risk communication questions, and then translating findings into usable
tools, applications, and best practices for use across the Agency.
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In FY 2022, the President's Task Force on Environmental Health Risks and Safety Risks met, and
the Lead Subcommittee focused on the next generation all of government approach to reducing
exposures to lead, asthma disparities and addressing climate change, disasters and emergencies.
There is an opportunity to improve the environmental education and training of healthcare
providers and medical professionals in identifying and communicating the causes and impacts of
childhood lead exposure in underserved communities in an effort to prevent and reduce exposures.
The Agency requests an additional $5.49 million for these efforts. EPA will work with healthcare
providers and families to address this problem directly to prevent and reduce exposure to lead. To
further support the Administration's Lead Exposure Reduction Initiative, and in coordination with
EPA's program and regional offices, in FY 2023, the Agency will continue to lead ongoing efforts
to: 1) strengthen EPA's communications with the public on the risks of lead exposure by working
with external leaders in the field to build upon the way the Agency conducts its outreach; and 2)
leverage EPA's existing relationship with Pediatric Environmental Health Specialty Units
(PEHSUs)114 to enhance and support training of healthcare providers in underserved communities
to prevent and reduce children's exposure to lead.
There are several unique risk communication challenges regarding lead, but also unique assets for
the Agency to deploy to reduce risk to the American publicespecially to children. Lead exposure
to children can result from multiple sources and can cause irreversible and life-long health effects.
There is no level of lead exposure which is safe. This means that anything the Agency can do to
reduce exposure and lower children's blood lead levels will lead to significant improvements in
public health and brighter, more productive futures for America's children. In FY 2023, EPA will
facilitate interagency coordination under the auspices of the Lead Exposures Subcommittee of the
Presidential Task Force on Environmental Health Risks and Safety Risks to Children around
childhood lead exposures and related effects, including research activities and sharing information
with the public, to better understand and prevent disease and disability. The specific goals for FY
2023 include: recommending coordinated federal strategies to prevent lead exposure and
associated effects; disseminating information to diverse audiences, including policy makers, health
care providers, the general public, and other stakeholders; and coordinating and disseminating an
inventory of federal actions to reduce childhood lead exposures.
Activities related to enhancing training of healthcare providers in underserved communities will
include expanding ongoing PEHSU activities with an increased focus on enhancing the education
provided to medical professionals on how to identify causes and impacts of childhood lead
exposure; and working with health care providers and families to address this problem directly in
an effort to prevent and reduce exposure to lead.
As the central mission support administrative management component of the Administrator's
Office (AO), the OAES provides advice, tools, and assistance to the AO's programmatic
operations across 11 offices. In FY 2023, OAES will continue to conduct the following mission
support functions: human resources management, budget and financial management, information
114 Pediatric Environmental Health Specialty Units (https://www.pehsu.net/) provide expert information, training and consultation
for health care professionals and the public on evidence-based prevention, diagnosis, management, and treatment of children's
environmental health conditions. The PEHSU Program increases the ability of the general public to take simple steps to reduce
harmful exposures by raising awareness among parents, school officials and community leaders.
340
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technology and security, outsourcing, facilities management, and Government Accountability
Office/Office of the Inspector General audit management.
In FY 2023, OEX will continue to provide critical administrative support to the Administrator,
Deputy Administrator, Chief of Staff, senior agency officials, and staff to comply with the statutory
and regulatory requirements under the Federal Records Act, FOIA, Plain Writing Act, and related
statutes and regulations. OEX will continue to manage the AO's correspondence management,
records management, Privacy Act implementation, and FOIA response activities. In FY 2022, the
Office deployed a new enterprise correspondence tracking and workflow management application
that is used by all EPA programs, regions, and labs. The application replaced the legacy
Correspondence Management System, which provided paperless workflow, tracking and records
management capabilities to agency staff since FY 2004. The new application seamlessly integrates
with current information technology platforms, including Microsoft Outlook and Office, and will
offer increased functionality and ease of use.
OEX also will revise EPA's Correspondence Manual (Publication 1322) to reflect current best
practices, update stylistic and grammatical policies, and improve communications using plain
language and gender inclusivity. The effort will include consultations with EPA's programs and
regions as well as close coordination with the Office of Public Affairs.
Other OEX responsibilities include processing correspondence for the Administrator and Deputy
Administrator; reviewing and preparing documents for their signature; managing the
Administrator's primary email account; serving as custodian of the Administrator's, Deputy
Administrator's, and 10 senior officials' records; overseeing the records management program for
all AO staff offices; and reviewing and issuing ethics determinations for gifts received by the
Administrator and Deputy Administrator. OEX also manages the privacy program for the AO and
monitors, reviews, and audits AO systems of records. Finally, OEX manages FOIA-related
operations for the AO and responds to all requests for records held by any of the AO's five
associate administrator offices, six staff offices, and the Immediate Office of the Administrator.
OEX closed 414 FOIA requests in FY 2021 and has succeeded in reducing its backlog of open
requests from 730 at the beginning of the fiscal year to 668. The pace of incoming requests
remained high during the Presidential transition, with nearly 300 new requests, many of which are
complex and seek significant volumes of records.
In FY 2023, OPEEE will continue providing advice to the Administrator and senior staff on
activities surrounding different stakeholder groups, including generating and distributing outreach
plans for most regulatory actions. Such plans often include meeting regularly with stakeholder
groups to communicate the Administration's agenda at EPA; providing advance notification
communications to relevant stakeholder groups on upcoming regulatory actions; facilitating in-
state visits by the Administrator and/or senior staff to collect regulatory feedback; communicating
key dates to stakeholders pertaining to opportunities to comment on EPA rulemakings; and
organizing conference calls on regulatory topics with impacted stakeholders.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$3,071.0) 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.
(+$5,490.0 / +20.0 FTE) This program change is an increase to support engagement with
state and local partners, enhanced training of healthcare providers in underserved
communities on the prevention, diagnosis, management, and treatment of children's
exposure to lead, and increased funding to implement and strengthen the Agency's ability
to carry out effective risk communication. This investment includes $3.6 million in payroll.
(+$5,409.0 / +9.0 FTE) This program change is an increase to restore core capacity to the
Executive Management and Operations Program and provide contract support for the
Agency's management operations and multi-media and risk communications. This
investment includes $1.6 million in payroll.
(+$2,450.0 / +8.0 FTE) This program change is an increase to support evidence building
activities in support of the Foundations for Evidence-Based Policymaking Act of 2018.
This investment includes $1.4 million in payroll.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Environmental Research, Development, and
Demonstration Authorization Act (ERDDAA).
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Small Business Ombudsman
Program Area: Information Exchange / Outreach
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 1.250
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.S 405
Total Budget Authority
$1,250
$1,778
$2,183
$405
Total Workyears
3.3
4.6
5.6
1.0
Program Project Description:
The Small Business Ombudsman Program includes the Asbestos and Small Business Ombudsman
(ASBO),115 housed within the Office of Small and Disadvantaged Business Utilization (OSDBU).
It also includes the Small Business Advocacy Chair and other small business activities located in
the Office of Policy's Office of Regulatory Policy and Management.116 The Program provides a
comprehensive suite of resources, networks, engagement opportunities for training and advocacy
on behalf of small businesses, and leads EPA's implementation of the Regulatory Flexibility Act,
as amended by the Small Business Regulatory Enforcement Fairness Act.
The ASBO Program operates through two roles: EPA's Asbestos Ombudsman and EPA's Small
Business Ombudsman. The Asbestos Ombudsman role services a toll-free hotline, functioning as an
informational liaison and guide in responding to asbestos-related questions and concerns. The
Small Business Ombudsman role provides informal guidance and support in regulatory
compliance assistance for small business in the rulemaking process. The ASBO Program advocates
and partners with a variety of internal and external stakeholders, including EPA programs and
regional offices, State Small Business Environmental Assistance Programs (SBEAPs),117 the U.S.
Small Business Administration's Office of Advocacy, and Office of the National Ombudsman, as
well as numerous local and national small business trade associations. ASBO's partnerships
help advocate for the small business perspective, serving as a conduit of information, and offering
a distinct perspective to help achieve better regulatory compliance and improved environmental
outcomes.
Overall, the core functions of the ASBO include: providing access to information, training and
resources that may assist small businesses in complying with EPA regulations; assisting EPA's
program offices with analysis and consideration of their regulatory impacts on small businesses;
supporting small entity engagement activities in evaluating upcoming environmental rules;
ensuring oversight of EPA's asbestos and small business assistance programs; and serving as an
informational liaison to the public and small business by operating the ASBO hotline. Based on
115 For more information, please see: https://www.epa.gov/resources-small-businesses/asbestos-small-business-
ombudsman.
116 For more information, please see: https://www.epa.g0v/aboutepa/about-ofF1ce-policy-op#ORPM.
117 For more information, please see: https://nationalsbeap.org/.
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the Agency's overall small business regulatory and environmental compliance assistance efforts,
EPA has earned a grade of "A" in the last 15 Small Business Administration (SBA) Office of the
National Ombudsman Annual Reports to Congress.118
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
Consistent with EPA's priorities for addressing climate change, equity, and Environmental Justice
(EJ) in FY 2023, the ASBO will:
Finalize and launch a new strategy to better leverage the ASBO's statutory monitoring and
reporting responsibilities to achieve mission outcomes. Under the 1986 Asbestos Hazard
Emergency Response Act (AHERA) (15 U.S.C. §2641-2656) and the 1990 Clean Air Act
(CAA) Amendments, Small Business Stationary Source Technical and Environmental
Compliance Assistance Program (42 U.S.C. §7661f), the ASBO is required to monitor and
report on the effectiveness of EPA's asbestos and small business compliance assistance
programs. The ASBO's monitoring and reporting strategy will provide an efficient and
effective process for collecting and analyzing program performance, as well as assist in
developing findings and value-added recommendations to ensure program effectiveness.
The new strategy's more agile and program centric monitoring and reporting approach will
help expand public access to asbestos-related information, strengthen collaboration with
state SBEAP providers, and enhance support to small entities to improve their
environmental performance and compliance.
Enhance the engagement of SBEAP stakeholders in EPA's EJ efforts. The National
SBEAPs recently developed an Environmental Justice Subcommittee that is aimed at
supporting the implementation of Executive Order (EO) 14008 Tackling the Climate Crisis
at Home and Abroad.119 In FY 2023, the ASBO will support the EJ Subcommittee's efforts
through the ASBO's five-year cooperative agreement, providing expanded training,
technical assistance, and other EJ related activities to fully engage with small businesses
located or operating within EJ communities. Through the cooperative agreement, the
ASBO also will continue enhancing the newly updated www.nationalsbeap.org website,
including expanding the dedicated foreign language page for non-English speaking small
businesses to access environmental assistance resources.
Continue to strengthen access to environmental compliance assistance resources and
stakeholder collaboration through direct hotline assistance and small business outreach or
engagement activities designed to assist overburdened and marginalized small business
stakeholders. The Program will continue to support EPA program and regional office
communication with small businesses by developing compliance assistance best practice
tools and resources tailored to the unique needs of small businesses. Resources will include
118 For more information, please see: https://www.sba.gov/sites/default/files/2021-01/SBA Amiual_Report_2019-508.pdf
119 For more information, please see: https://www.whitehouse.gov/briefing-rooni/presidential-actions/2021/01/27/executive-
order-on-tackling-the-climate-crisis-at-home-and-abroad/
344
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templates for compliance assistance guides, fact sheets, FAQs, webinar and training
announcements, and other targeted small business communication tools. Additionally, the
ASBO will procure subscription services that will improve and expand its monthly
newsletter distribution and communication to the small business community.
Foster stronger partnerships with ASBO stakeholders, including state compliance
assistance programs, small business trade associations, and other EPA regional offices to
increase collaboration with underserved communities. To best support this engagement in
accordance with EO 13 9 8 5,120 the ASBO will offer EPA rule writers professional
coordination and facilitated engagement support services to allow for early listening and
collaboration for specialized consideration and attention to the interests of small and
disadvantaged businesses.
Enhance underserved community engagement through the ASBO's newly expanded
cooperative agreement for the National Small Business Environmental Assistance
Program, which facilitates state and national collaboration on small businesses
environmental assistance services. This ASBO-funded cooperative agreement will support
the expansion of the National SBEAP website121 and other collaboration tools, including a
new compliance assistance web-resource, dedicated to non-English speaking small
businesses to ensure that environmental assistance resources are available and understood
by those traditionally underserved. Additionally, the cooperative agreement will allow for
financial support in hosting and managing compliance assistance training events to better
collaborate with the states.
Implement a new ombudsman monitoring and reporting process to comply with both the
Asbestos Ombudsman's and Small Business Ombudsman's statutory requirements. A new,
less burdensome, and more agile data collection mechanism will be deployed to help
monitor and periodically report on the effectiveness of the asbestos hotline services and the
small business environmental assistance programs under the 1990 CAA Amendments.
Convene multiple Small Business Advocacy Review Panels to inform the development of
EPA rules, particularly those undertaken pursuant to the revised Toxic Substances Control
Act (TSCA). Revised TSCA requirements have resulted in a considerable increase in the
number of Small Business Advocacy Review Panels being initiated by the Agency.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
120 For more information, please see: https://www.whitehouse.gov/briefiiig-room/presidential-actioiis/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-govemment/
121 For more information, please see: www.iiatioiialsbeap.org.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$38.0) 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.
(+$367.0 / +1.0 FTE) This program increase will support core operations in EPA's Small
Business Ombudsman Program. This investment includes $193.0 thousand in payroll.
Statutory Authority:
Asbestos Hazard Emergency Response Act (AHERA), 1986 (adding Title II to the Toxic
Substances Control Act (TSCA)) (15 U.S.C. §2641-2656); Clean Air Act, Title 5, Section 507;
Small Business Stationary Source Technical and Environmental Compliance Assistance Program
(42 U.S.C. §7661f); Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-
121, as amended by Pub. L. 110-28; Small Business Paperwork Relief Act, 44 U.S.C. 35; 42 U.S.C.
§ 766If; and 15 U.S.C. §§ 2641-2656.
346
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Small Minority Business Assistance
Program Area: Information Exchange / Outreach
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SI. ~5f>
sj.osn
S l.v.ts
SJ.ii
Total Budget Authority
$1,756
$1,680
$1,935
$255
Total Workyears
8.5
7.6
7.6
0.0
Program Project Description:
EPA's Office of Small and Disadvantaged Business Utilization (OSDBU) manages the Agency's
Small Business Contracting Program mandated under Section 15(k) of the Small Business Act,
15 U.S.C. § 644(k). As prescribed under that section, the Program provides expertise in ensuring
small business prime and subcontracting opportunities to help promote procurement equity and
expand EPA's competitive supplier base in carrying out the Agency' s mission. Under the Program,
OSDBU provides EPA's contracting community statutorily required counseling and training on
all aspects of governing small business requirements throughout the federal acquisition cycle. It
also engages in statutorily mandated advocacy on behalf of the various categories of small
businesses, including disadvantaged businesses; small businesses located in Historically
Underutilized Business Zones (HUBZones); service-disabled veteran-owned small businesses
(SDVOSBs); and women-owned small businesses (WOSBs). In accordance with Section 15(k),
OSDBU further hosts or participates in an average of one small business outreach and training
conference each month, providing needed technical assistance to hundreds of small and
disadvantaged businesses across the country.
In implementing the statutory responsibilities required under Section 15(k), OSDBU reviews
acquisition strategies to maximize small business prime and subcontracting opportunities; provides
expertise in conducting market research for EPA acquisitions; performs contract bundling reviews
to avoid unnecessary or unjustified limitations on small business utilization; reviews purchase card
transactions within the statutory threshold; and evaluates large prime contractor subcontracting
plans. In addition, OSDBU assists in the coordination of unsolicited proposals for agency
acquisitions and in the resolution of small business payment issues under EPA acquisitions. It
further provides a broad range of training, outreach, and technical assistance to new and
prospective small business contract awardees. Historically, data reported in the Federal Procurement
Data Systems (FPDS) indicates that the EPA awards an average of 40 percent of total acquisition
dollars to small businesses annually - far exceeding the government-wide goal of 23 percent.
Based on the Agency's record of excellence in affording small business contracting opportunities,
the EPA is one of a handful of federal agencies that has earned an "A" on the last 12 Small Business
Procurement Scorecards administered by the U.S. Small Business Administration (SBA).122
122 For more information, please see: https://www.sba.gov/sites/default/files/2021-07/EPA-508.pdf.
347
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FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
Consistent with EPA's priorities to advance Environmental Justice (EJ) and support to underserved
communities, and to expand the country's domestic markets and capabilities, in FY 2023, the
Program will:
Develop a more targeted and data-driven outreach strategy to diversify the Agency's
supplier base and optimize opportunities for socially and economically disadvantaged
businesses. In FY 2023, OSDBU will build on its successful deployment of a new
electronic vendor profile database to serve as a central repository of small businesses
registered as ready, willing, and able to do business with EPA. OSDBU will continue
efforts to expand the number of qualified small business vendors registered in the database.
It will further customize the database and develop processes, procedures, and training for
its utilization across EPA. The database will be used as a tool to match available
socioeconomic sources and solutions with EPA procurement opportunities and outreach
activities. This will include procedures for efficient and effective electronic dissemination
of procurement and outreach information and a searchable functionality by EPA common
spend categories. Additionally, OSDBU will develop a user guide and market the database
to the boarder federal contractor community to facilitate their identification of small and
disadvantaged businesses for potential teaming and formal Mentor Protege arrangements
to perform EPA contract requirements. This will help the Agency and the contractor
community maintain and connect with a diverse and robust small business vendor base
capable of meeting the Agency' s mission needs. It also will leverage technology to simplify
market research and acquisition planning, thereby reducing the procurement action lead
time.
Partner with program offices to develop strategies for enhancing socioeconomic small
business utilization in targeted categories of acquisitions through a combination of
specifically tailored market research and leveraging of EPA technology solutions, such as
the Cleanups in My Community (CIMC) Map and EJ Screening Tool. This will enable
EPA to better leverage acquisition as a catalyst for advancing equity and economic
development in marginalized communities.
Expand EPA online acquisition resources and tools to provide technical assistance and
support to small and disadvantaged businesses. EPA's procurement equity assessment and
related industry listening sessions conducted in connection with Executive Order (EO)
13985,123 and the subsequent Biden-Harris Administration Fact Sheet124 issued on June 1,
2021, confirmed that small and disadvantaged businesses face unique challenges in
navigating the federal acquisition landscape and accessing information on procurement
123 For more information please see: https://www.federalregister. gov/documents/2021/01./25/2021. -01.753/advancing-racial-
equity-and-support-for-underserved-communities-through-the-federal-government.
124 For more information please see: https://www.whitehouse.gov/briefing-rooiii/statements-releases/2021/06/01/fact-sheet-biden-
harris-administration-announces-new-actions-to-build-black-wealth-and-narrow-the-racial-wealth-gap/.
348
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opportunities. To address those inequities, in FY 2023, OSDBU will enhance its public-
facing website to provide value-added resources and tools to assist small businesses in
doing business with EPA. The resources will consist of a range of technical assistance tools
that will meet small and disadvantaged businesses where they are. Collectively, they will
provide maximum flexibility for underserved communities and business owners to easily
access and navigate the information at any time, and will include video training and
messaging, guides, fact sheets, information on procurement opportunities, and relevant
links that extend OSDBU's social media footprint. This will assist in leveling the playing
field by connecting new and emerging federal contractors with information they need to
improve their understanding of the federal marketplace and their competitiveness to win
awards.
Revamp the mechanism for requesting and conducting the required OSDBU review of EPA
acquisitions above the Simplified Acquisition Threshold of $250,000. In accordance with
15 U.S.C. § 644(k), this review is critical to verify that agency acquisitions are not unduly
restrictive and that they provide the maximum practicable opportunity for small business
participation. EPA conducted a procurement equity assessment following EO 13985 and
identified the complexity of the federal acquisition process as a barrier to increasing small
business utilization in federal acquisitions. In FY 2021, OSDBU instituted a new quarterly
eLearning Power Hour to provide targeted training and education to the EPA acquisition
community. In an effort to simplify the application of governing small business contracting
requirements in structuring procurements, in FY 2023, OSDBU will launch a new fillable
electronic form to guide and document the consideration of small business solutions in
structuring EPA acquisitions. The new form will incorporate a streamlined decision tree,
with guided logic to ensure contracting and program official compliance with governing
requirements. It also will simplify OSDBU's review to ensure the maximum practicable
small business opportunities in accordance with applicable law and Administration
priorities.
Expand EPA outreach activities to promote mentoring and teaming opportunities for new
and less experienced small business contractors. Many small businesses have long
complained that their lack of an extensive past performance record as a federal prime
contractor effectively forecloses their ability to successfully compete for federal prime
contracts. In FY 2023, OSDBU will develop and conduct targeted outreach activities to
connect small business vendors with more seasoned contractors to enhance their
experience, capabilities, and past performance record. The outreach will help build a
diverse pipeline of small and disadvantaged business contractors by facilitating
opportunities for teaming relationships through joint ventures, subcontracts, and the SB A
All Small Mentor Protege Program.
Performance Measure Targets:
(PM SB1) Percentage of EPA contract spending awarded to HUBZone
FY 2022
FY 2023
businesses.
Target
Target
3
3.2
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$199.0) 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.
(+$56.0) This program change increases resources to help promote procurement equity
through the Agency's Small Business Contracting Program.
Statutory Authority:
15 U.S.C § 644(k).
350
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State and Local Prevention and Preparedness
Program Area: Information Exchange / Outreach
Goal: Safeguard and Revitalize Communities
Objective(s): Prepare for and Respond to Environmental Emergencies
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S I3.-W2
S l.t.-.ifi
S22.W.S
SVJ~2
Total Budget Authority
$13,402
$13,736
$22,908
$9,172
Total Workyears
60.7
63.1
93.1
30.0
Program Project Description:
The State and Local Prevention and Preparedness Program establishes a structure composed of
federal, state, local, and tribal partners who work together with industry to protect emergency
responders, local communities, facility workers, the environment, and property from chemical
accident risks through accident prevention and emergency response programs, community and
facility engagement, and improved safety systems. This framework provides the foundation for
community and facility chemical hazard response planning, and reduction of risk posed by
chemical facilities.
Under Section 112(r) of the 1990 Clean Air Act (CAA) Amendments, chemical facilities that store
more than a threshold quantity of listed extremely hazardous substances are required to implement
a Risk Management Plan (RMP) program. These facilities, known as RMP facilities, take
preventive measures, report data, mitigate and/or respond to chemical releases, and work with
communities, response, and planning groups to increase understanding of risks.125
The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 was enacted to
help communities plan for chemical emergencies and to inform the public about chemicals in their
community. Under EPCRA, facilities are required to report about the chemicals they produce, use,
and store to state and local governments. States, tribes, and local governments use this information
to prepare communities for potential chemical releases from these facilities through the
development of local emergency response plans.126
Under Section 311(j)(5) of the Clean Water Act (CWA), EPA is required to issue regulations
requiring certain facilities to develop plans to respond to worst case discharges of hazardous
substances that could threaten navigable waters.
125 For additional information, please refer to: https://www.epa.gov/rmp.
126 For additional information, please refer to: https://www.epa.gov/epcra.
351
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FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.3, Prepare for and Respond to
Environmental Emergencies in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the State and Local Prevention and Preparedness Program will perform the following
activities:
Support inspection of RMP and EPCRA facilities to ensure compliance with accident
prevention and preparedness regulations and work with chemical facilities to reduce
chemical risks and improve safety. There are approximately 12,000 chemical facilities that
are subject to the RMP regulations. Of these, approximately 1,800 facilities have been
designated as high-risk based upon their accident history, quantity of on-site dangerous
chemicals stored, and proximity to large residential populations.127 EPA prioritizes
inspections at high-risk facilities. Using the additional funding and FTE provided for FY
2023, the Program will conduct an additional 150-200 inspections and provide compliance
assistance at RMP and EPCRA-regulated facilities, checking measures to prevent chemical
accidents. EPA will focus on high-risk facilities located in communities with
environmental justice concerns and communities with increased climate-related risks (e.g.,
extreme weather, flooding, wildfires, etc.).
Protect fenceline communities through regulatory updates and increased outreach,
compliance assistance, and inspections at regulated facilities, thereby reducing risks to
human health and the environment by decreasing the likelihood and impacts of chemical
accidents. EPA requests $8.2 million and 30.0 FTE to support these efforts in this program.
Provide basic and advanced RMP and EPCRA inspector training for federal and state
inspectors.
Maintain and upgrade the RMP national database, which is the Nation's premier source of
information on chemical process risks and contains hazard information on all RMP
facilities. Industry electronically submits updated RMPs to this secure database. Using
additional funding requested in FY 2023, EPA will initiate improvements to the RMP
national database to accommodate new risk management plan submission elements
resulting from ongoing regulatory changes and provide increased public access to non-
sensitive portions of the RMP database and resulting analytics.
Develop updates to the Computer-Aided Management of Emergency Operations
(CAMEO) software suite (i.e., the CAMEO Chemicals, CAMEO//??, Areal Locations of
Hazardous Atmospheres and Mapping Application for Response, Planning, and Local
Operational Tasks applications), which provides free and publicly available information
for firefighting, first aid, emergency planning, and spill response activities.
127 Located in the EPA RMP database.
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In accordance with the direction in Executive Order 13990: Protecting Public Health and
the Environment and Restoring Science To Tackle the Climate Crisis,128 continue the
Agency's review of the final RMP Reconsideration rule (84 FR 69834) and publish
proposed and final rules to rescind or revise the action and address Administration priorities
on environmental justice and climate change.
Under Section 311(j)(5) of the CWA, EPA will develop regulations requiring certain
facilities to develop plans for responding to a worst-case discharge, or to a substantial threat
of such a discharge, of CWA-listed hazardous substances.
Conduct outreach to regulated industry concerning changes or updates to RMP and EPCRA
regulations and interpretive guidance.
Performance Measure Targets:
Work under this program directly supports performance results in the Superfund: EPA Emergency
Preparedness program under the Superfund appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$464.0) 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.
(+$8,208.0 / +30.0 FTE) This program change is an increase to support a multi-pronged
approach to protect fenceline communities at risk from nearby chemical facilities,
including providing increased outreach and inspections at regulated facilities to ensure
facilities have measures in place to prevent chemical accidents. This investment includes
$4.96 million in payroll.
(+$500.0) This program increase is to upgrade and to support operations and maintenance
of the existing RMP database.
Statutory Authority:
The Emergency Planning and Community Right-to-Know Act (EPCRA); the Clean Air Act (CAA)
§ 112(r); Clean Water Act (CWA) § 3 11
-------
TRI / Right to Know
Program Area: Information Exchange / Outreach
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Promote Pollution Prevention
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
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Total Budget Authority
$12,689
$13,206
$13,675
$469
Total Workyears
38.5
37.0
37.0
0.0
Program Project Description:
EPA's success in carrying out its mission to protect human health and the environment is
contingent on collecting and making available to the public timely, accurate, and relevant
information. The Toxics Release Inventory (TRI) Program129 supports EPA's mission by annually
collecting and publishing for the public: release, other waste management (e.g., recycling), and
pollution prevention (P2) data on TRI-listed chemicals and chemical categories that include almost
200 per- and polyfluoroalkyl substances (PFAS).130 Approximately 21,000 industrial and federal
facilities report to TRI annually. The TRI Program is a premiere source of cross-media toxic
chemical release information for communities, non-governmental organizations, industrial
facilities, academia, and government agencies at the local, state, tribal, federal, and international
levels. Using technological advances, the TRI Program has developed several analytical tools that
provide the public with easy access, mapping, and analysis of information on TRI chemicals
released or otherwise managed as waste at facilities in communities across the United States and
its territories. Some of these tools incorporate demographic indicators such as low income, people
of color, education level, linguistically isolated households, and young and elderly populations, as
well as tribal land flags and risk indicators.
The Program collaborates with other EPA programs on sector analyses to describe relevant trends
in pollutant releases, waste management, and P2 practices with respect to toxic chemicals and to
support innovative approaches by industry and other partners to reduce pollution. As a robust,
community-focused, annual, cross-media data set on toxic chemical information, the TRI lends
itself to comparative analyses with other program-specific data managed by the Agency, providing
insights that may not be apparent when viewing the data sets independently. Such insights are
especially valuable when it comes to: (1) identifying opportunities based on TRI-reported,
location-specific release trends to reduce toxic chemical releases in overburdened and underserved
communities in accordance with the Administration's environmental justice (EJ) priorities, and (2)
promoting TRI-reported P2 practices that reduce the release of toxic chemicals and/or emissions
129 For additional information, please visit: http://www.epa.gov/tri/.
130 Many per- and polyfluoroalkyl substances (PFAS) were added to the TRI chemical list as a component of the National
Defense Authorization Act for Fiscal Year 2020 (NDAA) when the Act was signed into law on December 20, 2019. The first
year of TRI reporting these PFAS was calendar year 2020.
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of greenhouse gases (GHGs). The TRI serves as a central component of EPA's strategy to increase
access to environmental pollution information and enable communities, scientists, policymakers
and other stakeholders to apply the information in their decisions and engagements to address
impacts and deter adverse burdens, particularly to low-income and marginalized communities.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.2, Promote Pollution Prevention in the
FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will continue to enhance the regulatory foundation of TRI to ensure that
communities have access to timely and meaningful data on toxic chemical releases and other waste
management and pollution prevention activities at facilities. As part of this effort, the TRI Program
will continue to clarify toxic chemical reporting requirements, pursue additional chemical listings,
expand the scope of industry coverage, respond to petitions, improve the reporting experience,
take steps to further optimize the quality of TRI data, explore enhanced access and analytical
capability with respect to this valuable information, identify opportunities to reduce toxic chemical
releases, and share and promote pollution prevention approaches with industry. This work is in
support of the Administration's EJ priorities as the Program also will play an enhanced role in
conducting analyses to support EPA's goals for overburdened and underserved communities with
EJ concerns. Additionally, the Program will work to identify instances where TRI-reported P2
practices reduce releases of TRI-listed toxic chemicals and/or GHGs in alignment with the
Administration's climate priorities.
EPA also will continue to provide reporting facilities with its online reporting application, TRI-
MEweb ("TRI Made Easy web" reporting tool), to facilitate the electronic preparation and
submission of TRI reports through EPA's Central Data Exchange (CDX),131 which manages TRI
access and authentication services and provides identity proofing for reporting facilities. TRI-
MEweb has built-in functionality that helps to prevent facilities from making reporting errors. In
addition, the TRI data collected by EPA are shared with states, tribes, and territories that are
partners of the TRI Data Exchange (TDX).132 EPA will continue to maintain TRI-MEweb and the
TDX throughout FY 2023. The Agency also will continue to support the TRI Processing System
(TRIPS) database, which is the repository for TRI data. As a key element of its data quality
assurance strategy, in FY 2023, the Program will conduct at least 600 data quality checks to help
optimize the accuracy and completeness of the reported data and thereby improve the Program's
analyses and the utility of the data to the public. In FY 2023, EPA also will continue to improve
its systems, processes, and products based on feedback from users {i.e., communities; academia;
industry; and state, tribal and local governments).
The Program also will continue to publish English and Spanish versions of the annual TRI National
Analysis,133 which describes relevant trends in toxic chemical releases and waste management
practices and highlights innovative approaches by industry to reduce pollution. The Analysis will
include industry sector profiles, parent company analyses, and TRI information reported from
131 To access the CDX, please visit: https://cdx.epa.gov/.
132 For additional information, please visit: https://www.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange.
133 To access the TRI National Analysis, please visit: https://www.epa.gov/trinationalanalvsis. EPA publishes each National
Analysis approximately six months after that year's data are reported.
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facilities in specific urban communities, watersheds, and tribal lands. The TRI Program also will
continue to make the preliminary data available to the public shortly after the reporting deadline
as downloadable data files and through online analytical tools such as Envirofacts.134 The Program
will continue to provide support to EPA's Enforcement and Compliance Assurance programs by
supplying facility target lists developed through the comparison of TRI reporting with facility
reporting to other EPA programs (e.g., air permits required by the Clean Air Act). The TRI
Program will continue to foster discussions and collaborations in analyzing and using its data with
stakeholders such as industry, government, academia, non-governmental organizations, and the
public. Engagement will include organizing targeted webinars, and, if resources permit, hosting a
TRI National Conference and launching a TRI University Challenge.
Section 7321 of the National Defense Authorization Act of 2020 requires EPA to assess certain
Per- and Per-fluoroalkyl Substances (PFAS) to determine whether they meet Emergency Planning
and Community Right-to-Know Act (EPCRA) Section 313 chemical listing criteria. During FY
2023, EPA will continue to assess these chemicals and develop associated hazard assessments to
support any chemical listing activities. Further, in FY 2023, the TRI Program's information, data
and analyses will support the Toxic Substances Control Act (TSCA) Program, helping to identify
conditions of use and evaluate and estimate occupational, general population, and potentially
exposed and susceptible subpopulation exposures for those chemicals undergoing risk evaluation
and that are included on the TRI chemical list. This work altogether will assist Agency chemical
programs in their prioritization work, from the identification of candidate chemicals for future risk
evaluations to the support of other chemical assessments across program and regional offices,
advancing the work of chemical safety agency-wide.
The TRI Program will additionally pursue chemical listings, including TSCA Work Plan chemicals
and other substances of interest to the Agency that are not included on the TRI chemical list, as
well as respond to TRI chemical listing petitions. Additional chemicals or sectors may be assessed
for TRI listing suitability and associated listing actions, and as required by EPCRA, the Agency
will respond to EPCRA chemical petitions regarding TRI within 180 days after receipt.135 The
quantity and complexity of petitions are unknown until submitted to EPA. EPA will continue with
TRI rulemakings associated with two chemical petitions received during prior years and will
respond to any chemical petitions received during FY 2023.
Because electronic systems that collect and disseminate TRI data largely have been developed, FY
2023 work will focus on the operations and maintenance of TRl-MEweb, TRIPS, and processes
that contribute to quality control in the development of the annual TRI National Analysis. By
leveraging agency cloud services, the TRI systems will improve system performance, reliability,
efficiencies, portability, and administrative services (security, upgrades, patches, etc.). This also
will improve integration/consistency with other cloud-based systems and applications and will
provide quicker data processing. Moreover, this will enhance the capabilities of EPA's public-
facing TRI analytical tools.
134 EnviroFacts may be accessed at: https://enviro.epa.gov/.
135 Additional information on current petitions may be found at: https://www.epa.gov/toxics-release-inventory-tri-program/toxics-
release-inventory-laws-and-regulatory-activities.
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In FY 2023, the TRI Program will analyze and identify facilities and sectors releasing TRI-listed
substances proximal to overburdened and underserved communities (using functionalities within
EPA's analytical tools, such as TRI Toxics Tracker and EJScreeri). The Program also will develop
maps and other products to help facilitate exploration and understanding of potential impacts from
chemical releases to surrounding communities including those that might be more susceptible to
climate change impacts (i.e., sea level rise). TRI will initiate this work for at least two EPA Regions
and will provide outreach and training in how to use and interpret the information within those
locations.
Additionally, TRI reporting includes information on institutional/firm environmental stewardship,
P2, and other sustainability practices and activities (e.g., voluntary climate mitigation-, adaptation-
or resilience-oriented work) undertaken by facilities during the reporting year. TRI's P2 reporting
data136 include thousands of instances of source reduction implementation and other sustainability
activities by facilities, which often reflect economic benefits coupled with improved environmental
performance. TRI's P2 data tools have a wide range of capabilities to help identify and amplify
improvement to environmental practices, and the Program will continue to conduct analyses of
these practices and develop profiles of these environmental improvements, which can be useful for
P2 practitioners including those seeking to advance sustainability and strengthen the resilience of
facilities near overburdened and underserved communities with EJ concerns. The Program will
also continue to support the Agency's P2 Program, and other agency source reduction and
sustainability programs, specifically efforts to advance P2 best practices among national emphasis
areas including tools to advance priorities such as the P2-EJ Facility Mapping Tool.137
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$442.0) 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.
(+$27.0) This program change is an increase in contract resources to support IT analytical
tools that allow stakeholders to view and analyze the data reported to TRI in support of
environmental justice and other initiatives.
Statutory Authority:
Emergency Planning and Community Right-to-Know Act (EPCRA) § 313; Pollution Prevention
Act of 1990 (PPA) § 6607.
136 For additional information, please visit: https//www. epa. gov/tri/p2.
137 To access the P2 EJ Facility Mapping Tool, please visit https://www.epa.gov/p2/p2-ej-facility-mapping-tool.
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Tribal - Capacity Building
Program Area: Information Exchange / Outreach
Goal: Take Decisive Action to Advance Environmental Justice and Civil Rights
Objective(s): Promote Environmental Justice and Civil Rights at the Federal, Tribal, State and
Local Levels
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
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Budget v.
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Total Budget Authority
$12,945
$12,902
$16,386
$3,484
Total Workyears
72.8
75.6
87.9
12.3
Program Project Description:
EPA is responsible for protecting human health and the environment under federal environmental
statutes. Under the Agency's 1984 Indian Policy,138 EPA works with federally recognized tribes
on a government-to-government basis, in recognition of the federal government's trust
responsibility to tribes, to implement federal environmental programs in Indian country.
To do this, EPA will:
use key environmental justice principles, such as, equity, meaningful involvement, and fair
treatment as it prioritizes implementation of EPA directly implemented programs, and for other
activities;
fully consider ways in which program funding can best be used to address climate change
concerns to build climate resiliency for federally recognized tribes, and;
work to enhance the integration of tribal treaty rights and reserved rights into EPA decision-
making and regulatory development.
This program also supports the Categorical Grant: Tribal General Assistance Grants Program.
EPA's American Indian Environmental Office leads the agencywide effort to ensure
environmental protection in Indian country. Please see http://www.epa.gov/tribal for more
information.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 2/Objective 2.1, Promote Environmental Justice and
Civil Rights at the Federal, Tribal, State and Local Levels in the FY 2022-2026 EPA Strategic
Plan.
138 EPA Policy for the Administration of Environmental Programs on Indian Reservations, available at
https://www.epa.gov/tribal/epa-policv-administration-environmental-programs-indian-reservations-1984-indian-policv.
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Overall, the Agency continues to make steady progress towards strengthening human health and
environmental protection in Indian country. EPA will further the following priorities in FY 2023:
strengthening tribal partnerships and engagements, including through tribal consultation,
building tribal capacity to administer and meaningfully participate in environmental
programs,
directly implementing programs in Indian country for equitable environmental protection,
and
enhancing the protection of tribal treaty rights in EPA activities.
Tribal Consultation: In working with the tribes, EPA follows its Policy on Consultation and
Coordination with Indian Tribes.139 The Consultation Policy builds on EPA's 1984 Indian Policy
and establishes clear agency standards for a consultation process promoting consistency and
coordination. From FY 2011 through FY 2022, EPA expects to complete over 860 Tribal
Consultations, an important agency milestone under the EPA Tribal Consultation Policy. EPA
anticipates completing 110 tribal consultations in FY 2023. In FY 2023, EPA will continue to
support the Agency's web-based Tribal Consultation Opportunities Tracking System, a publicly
accessible database used to communicate upcoming and current EPA consultation opportunities to
tribal governments. The system provides a management, oversight, and reporting structure that
helps ensure accountability and transparency.
Capacity Building: EPA will continue to provide assistance and to support mechanisms for tribes
to pursue developing and implementing federal environmental programs, including the "treatment
in a manner similar to a state" (TAS) process and the use of the Direct Implementation Tribal
Cooperative Agreement (DITCA) authority. The Agency will continue to provide technical and
financial assistance to ensure tribal governments have the opportunity to build the capacity to
meaningfully participate and engage in environmental protection activities. As of March 2022,
EPA has approved 100 TAS regulatory program delegations to tribes, including 21 approvals for
compliance and enforcement authority. EPA had 16 DITCAs with tribes in place in FY 2022.
Indian Environmental General Assistance Program Capacity Building Support: General
Assistance Program (GAP) grants to tribal governments help build the basic components of a tribal
environmental program. The Agency manages GAP grants according to its Guidance on the Award
and Management of General Assistance Agreements for Tribes and Intertribal Consortia.140 In FY
2023, EPA will continue to administer GAP financial assistance to build tribal capacity and address
environmental issues in Indian country. EPA's work in FY 2023 also will continue to enhance
EPA-Tribal partnerships through development and implementation of EPA-Tribal Environmental
Plans (ETEPs) with a continued focus on tracking and reporting measurable results of GAP-funded
activities. GAP funding also continues to support EPA Performance Partnership Grant (PPG)
goals. EPA will strive to incorporate environmental justice and climate change considerations in
these activities.
GAP Performance Measurement: In FY 2020, EPA completed an evaluation of the Program
implementation under the 2013 GAP guidance and anticipates new Guidance to be effective FY
139 Please refer to: https://www.epa.gov/tribal/forms/consultation-and-coordination-tribes.
140 Please refer to https://www.epa.gov/tribal/2013-guidance-award-and-management-general-assistance-agreements-tribes-and-
intertribal for further information.
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2023. EPA will adjust the performance management application to align with the revised guidance,
after it is finalized in FY 2023, and begin compiling and analyzing data. The information
technology-based performance application will provide a data-driven basis for supporting funding
decisions, funding priorities, and contribute to program accountability.
Direct Implementation: In the absence of an authorized tribal program, EPA will continue to
provide federal environmental program protections in Indian country by directly implementing
programs. In FY 2023, EPA will continue to evaluate its direct implementation responsibilities
and activities, on a program-by-program basis, in Indian country and make the data and
information it relies upon available through EPA's EJScreen application.
Performance Measure Targets:
(PM EC41) Percentage of EPA Tribal consultations that may affect Tribal
treaty rights that consider those rights as part of the consultation.
FY 2022
Target
FY 2023
Target
20
25
(PM E21) Number of significant actions taken by EPA programs with
direct implementation authority that will result in measurable
improvements in Indian country.
FY 2022
Target
FY 2023
Target
No Target
Established
25
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$1,186.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
(+$2,298.0 / +12.3 FTE) This program change is an increase in resources and FTE to support
core work in the capacity building program with an emphasis on addressing the climate
crisis. This investment includes $2,171 million in payroll.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute).
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International Programs
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International Sources of Pollution
Program Area: International Programs
Goal: Tackle the Climate Crisis
Objective(s): Advance International and Subnational Climate Efforts
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
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FY 2022 Annualized
CR
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Total Budget Authority
$6,409
$6,746
$11,758
$5,012
Total Workyears
29.6
32.4
39.4
7.0
Program Project Description:
The United States works with international partners to address global sources of pollution,
including greenhouse gases, as well as the impacts of pollution from the United States on other
countries and the global environment. International sources of pollution impact air, water, land,
the oceans, food crops, and food chains. Healthy environments, ecosystems, and communities
provide the foundation for protecting human health and the environment and creating sustainable
economic development, job opportunities, and sustainable growth.
Tackling the Climate Crisis, Accelerating Environmental and Economic Justice
EPA works with international partners, such as foreign governments and international
organizations, to deploy assistance that can strengthen on the ground action to tackle the climate
crisis, reduce transboundary pollution that impacts local communities and travels through the
environment to impact other communities across the globe, and that strengthen the fundamental
environmental rule of law. These measures typically rely upon U.S. best practices, technical
knowledge and expertise that promote U.S. priorities such as protecting underserved and
vulnerable communities. EPA's international mission is essential to addressing transboundary
pollution and adverse environmental impacts in the United States and helps facilitate a cleaner and
healthier environment around the world. Strengthening environmental protection abroad so that it
is on par with practices in the U.S. helps build a level playing field for industry and promotes
opportunities for technologies and innovation. EPA's international programs also play an
important role in fulfilling national security and foreign policy objectives and create a platform for
promoting U.S. innovation and showcasing state and local breakthrough programs and policies.
An important example of this work is EPA's engagement in the Group of Seven (G7) and the
Group of Twenty (G20) through environment ministerial meetings, which negotiate outcomes on
key EPA issues such as climate change, food waste, marine litter, resource efficiency, and air
quality. EPA's engagement with international financial institutions, United Nations (UN) entities,
and the Organization for Economic Cooperation (OECD) has helped advance recognition of the
critically important role of environmental factors, including air pollution and toxic chemicals, in
the global burden of non-communicable diseases (NCDs), and of the role that sound environmental
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laws can play in reducing these risks. Additionally, EPA's participation in the North American
Commission for Environmental Cooperation (CEC) provides regional and international leadership
to advance environmental protection, human health, and sustainable economic growth.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Advance International and
Subnational Climate Efforts in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will continue to engage both bilaterally and through multilateral institutions to
improve international cooperation to reduce greenhouse gases, increase resilience and adaptive
capacity as well as prevent and address the transboundary movement of conventional pollution
and waste.
Climate and Equity
Specifically, in line with the FY 2022 - 2026 EPA Strategic Plan, EPA will provide technical
assistance through the transfer of tools to address climate change with partner countries, with the
goal of leveling the playing field, addressing disproportionate adverse human health and
environmental impacts in vulnerable and underserved communities, and helping to ensure that all
countries make meaningful progress in implementing their nationally determined contributions
under the Paris Agreement. This helps fulfill EPA's commitment to implementing, by 2026, at
least 40 international climate engagements that result in an individual partner commitment or
action to reduce greenhouse gas (GHG) emissions, adapt to climate change, or improve resilience
in a manner that promotes equity. These actions will be consistent with EPA's draft International
Climate Strategy Plan. Actions will include re-engaging the Secretariat of Partnership for Clean
Fuels and Vehicles (PCFV) to identify project partners to assist in transitioning to electric mobility
solutions in key countries, particularly in underserved and vulnerable communities, to finalize a
high ambition workplan with the Secretariat. Additionally, EPA will initiate stakeholder
consultations with key priority countries on critical mineral supply-chain transparency guidelines,
focused on minerals needed for low carbon technology. For the pilot programs, EPA will provide
meaningful technical assistance internationally on climate mitigation, adaptation, and resilience
through expertise and capacity to key EPA partners and priority countries identified by the Biden-
Harris Administration. This will enable countries to set and meet ambitious greenhouse gas
reductions. In implementing these pilot programs, EPA will seek opportunities to engage with
partner governments and organizations to develop and use best practices and tools to address the
unique needs and challenges of vulnerable and underserved communities.
In FY 2023 the Agency will work in the Arctic Council to provide in-kind expertise and help to
identify external resources to screen sources of black carbon that may impact local health
conditions, with the potential of expanding across a wider range of Alaskan Native Villages
(ANVs). EPA also will co-chair the Arctic Council expert group on short-lived climate pollutants
(SLCP) to facilitate the development and implementation of projects to reduce SLCP emissions in
and near the arctic. EPA also will continue to share Agency tools that can help partners increase
their adaptative capacity to climate change and understand the impacts of climate change on
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vulnerable and underserved communities through the UN Environment Program, the Global
Adaptation Network and existing and new bilateral work programs.
Marine Litter
EPA will continue to engage internationally to prevent and reduce marine litter, including plastics,
through sharing best practices and U.S. innovation as well as through existing or new global
instruments. Marine plastic litter is an increasingly prominent global issue that can negatively
impact water quality, tourism, industry, and public health in the United States. Further, calls for
the development of a new binding international arrangement of marine plastic litter are mounting,
and EPA, working with other federal departments, will continue to provide leadership and
expertise on how to best address land-based sources of marine litter, including plastics. Since 80
percent of plastic marine litter comes from land-based sources of waste,141 countries with
inadequate waste management contribute to the pollution in our shared oceans. Improving
integrated waste management in these countries will be a priority.
In FY 2023, EPA will share tools and provide technical assistance, including through efforts
related to Trash Free Waters, to key contributing countries in Asia and build on past projects in
Latin America and the Caribbean. Technical support may include developing national, regional,
and local action plans to reduce leakage of trash to the environment; identifying steps to implement
relevant and applicable waste collection/management systems; and modest implementation
projects where possible. In addition, EPA will support the development of an information
clearinghouse on marine litter to be hosted by the United Nations Environment Program (UNEP).
EPA will continue to collaborate with leaders in innovation in the domestic stakeholder community
to identify ways to leverage efforts to tackle this pressing global problem. EPA will continue to
strengthen actions with a regional focus on major source countries in Southeast Asia and key
partners in Latin America and the Caribbean, and by partnering with UNEP leaders in
implementing and disseminating governance measures, policies, and technology to prevent marine
litter.
Air Quality
EPA will engage with key priority countries and UN institutions to address air pollution that
contributes significant pollution to the domestic and international environment. For example,
several Asian countries are implementing national air quality monitoring, planning, and control
strategies with advice and lessons learned from the United States. Environmental policies adopted
and implemented overseas will improve competitiveness for U.S. businesses, drive demand for
U.S. emissions control technologies, and expand exports of U.S. environmental goods and
services, which will create green jobs at home and improve air quality conditions in the United
States.
141 J. R. Jambeck, R. Geyer, C. Wilcox, T. R. Siegler, M. Perryman, A. Andrady, R. Narayan, and K. L. Law, "Plastic waste
inputs from land into the ocean," Science, 2015, Volume 347, Number 622
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Food Waste
In FY 2023, EPA will continue to cooperate with the United Nations and the Office of
Management and Budget to ensure that methodologies used to track international progress on
reducing food waste accurately reflect U.S. progress and to better understand the climate benefits
of reducing food waste. Approximately eight to ten percent of global greenhouse gas emissions
are from food loss142 in the agricultural supply chain and consumer food waste. The Agency will
continue to advance food waste efforts, which is an increasing portion of landfill waste in rapidly
urbanizing cities in developing countries. The problems of food insecurity, in particular for the
most vulnerable, have been exacerbated by COVID-19, thus underscoring the need for greater
attention to reducing food waste. For example, EPA will bring together experts from the U.S. and
partner country governments, non-governmental organizations (NGOs), academia, the private
sector, and the UN to promote programs, best practices, and technologies related to food loss and
waste.
Chemicals
EPA also will maintain efforts to reduce environmental threats to U.S. citizens from global
contaminants impacting air, water, and land. EPA will continue technical and policy assistance for
global, regional, and bilateral efforts to address international sources of harmful pollutants, such
as mercury. Since 70 percent of the mercury deposited in the U.S. comes from global sources,143
both domestic efforts and international cooperation are important to address mercury pollution.
EPA will continue to work with international partners and key countries to fully implement
obligations under the Minamata Convention on Mercury to protect the U.S. population from
mercury emissions originating in other countries, including from artisanal and small-scale gold
mining.
With respect to mercury, EPA's measures show that partner countries are on track to develop
National Action Plans (NAPs) that demonstrate how they will reduce or eliminate the use of
mercury in the Artisanal and Small-Scale Gold Mining (ASGM) sector. ASGM is the largest
source of global mercury releases144 and the development of NAPs called for by the Minamata
Convention on Mercury is a critical first step to help major emitters reduce the use and release of
mercury into the environment.
EPA will continue to play a leadership role in the Lead Paint Alliance to increase the number of
countries that establish effective laws to limit lead in paint, which remains a priority health concern
following successful efforts to eliminate lead in gasoline worldwide. EPA consistently meets
objectives for reviewing the development of laws in other countries to control their levels of lead
in paint, in a manner consistent with U.S. regulations. In doing so, these countries will not only
reduce the exposure of their children to lead and prevent the subsequent health effects of this potent
developmental neurotoxin, but also will reduce the amount of lead-based paint on products in
international commerce that often reach U.S. markets.
142 For more information, please see: Intergovernmental Panel on Climate Change (IPPC) Special Report on Climate Change and
Land, Chapter 5 Food Security, pg 440, https://www.ipcc.cfa/site/assets/uploads/sites/4/2021/02/08 Chapter-5 3.pdf.
143 For more information, please see: https://www.epa.gov/intemational-cooperation/miiiamata-conveiitioii-mercury
andwww.iiiercuiycoiiventioii.org.
144 For more information, please see: Global mercury assessment 11.JNEP - UN Environment Programme.
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In addition, EPA will continue to work with the Arctic Council to further develop a joint project
proposal on per- and polyfluoroalkyl substances (PFAS). This effort will focus on aqueous film-
forming fire-fighting foams (AFFF) in arctic airports through in-kind technical expertise.
Performance Measure Targets:
(PM E13a) Number of climate engagements that result in an individual
partner commitment or action to reduce GHG emissions, adapt to climate
change, or improve resilience in a manner that promotes equity.
FY 2022
Target
FY 2023
Target
8
10
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$285.0) 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.
(+$1,227.0 / +7.0 FTE) This net program change is an increase to address international
sources of pollution that impact the nation's air, water, land, the oceans, food crops / food
chains, and climate change through coordination with international partners. This includes
$1,391 million in payroll.
(+$3,500.0) This program change is an increase for climate change work, including climate
change mitigation. This will include indigenous engagement climate mitigation.
Statutory Authority:
In conjunction with the National Environmental Policy Act (NEPA) § 102(2)(F): Clean Air Act §
103(a); Clean Water Act § 104(a)(l)-(2); Safe Drinking Water Act (SDWA) § 1442(a)(1);
Resource Conservation and Recovery Act (RCRA) § 8001(a)(1); Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) §§ 17(d), 20(a); Toxic Substances Control Act (TSCA) §10(a);
Marine Protection, Research, and Sanctuaries Act (MPRSA) § 203(a)(1); E.O. 13547; E.O. 13689;
U.S.-Mexico-Canada Agreement (USMCA) Implementation Act, 19 U.S.C. §§ 4501-4372.
366
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Trade and Governance
Program Area: International Programs
Goal: Tackle the Climate Crisis
Objective(s): Advance International and Subnational Climate Efforts
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 5.2V 2
Vi./,S'~
SKV5
Total Budget Authority
$5,894
$5,292
$6,187
$895
Total Workyears
12.7
15.3
18.0
2.7
Program Project Description:
EPA has played a key role in trade policy development since the 1972 Trade Act mandated that
the U.S. Trade Representative engage in interagency consultations. Specifically, EPA is a member
of the Trade Policy Staff Committee, the Trade Policy Review Group, and relevant
subcommittees-interagency mechanisms that provide advice, guidance, and clearance to the
Office of the U.S. Trade Representative in the development of U.S. international trade and
investment policy. Trade influences the nature and scope of economic activity and therefore the
levels of pollutant emissions and natural resource use. EPA's role in trade negotiations is to ensure
that agreements have provisions that are consistent with the Administration's environmental
protection goals while not putting the United States at an economic disadvantage. EPA offers
technical assistance and environmental governance capacity building for trade partners to support
implementation of environmental commitments made in Free Trade Agreements. EPA also
provides technical expertise on environmental governance and policy for international financial
institutions, including environmental policy reviews and project-level environmental guidance.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Advance International and
Subnational Climate Efforts in the FY 2022 - 2026 EPA Strategic Plan.
Free Trade Agreements and United States-Mexico-Canada Agreement (USMCA)
In FY 2023, EPA will continue its participation in the North American Commission for
Environmental Cooperation (CEC), which provides regional and international leadership to
advance environmental protection, human health, and sustainable economic growth in North
America. EPA also will continue work on implementation of the Environment Chapter of the
United States-Mexico-Canada Agreement (USMCA) and other free trade agreements. EPA
activities will include monitoring and verifying provisions pertaining to global and national
environmental requirements in the agreement and providing subject matter expertise. EPA will
continue active participation in the United States Trade Representative (USTR) led Interagency
367
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Environment Committee for Monitoring and Environment (IECME) established to promote
Mexican and Canadian compliance with their environmental obligations.
In addition, EPA will continue to play an active role in Free Trade Agreements (FTAs), and in the
development of new FTAs and in the delivery of technical assistance to support implementation
of environmental commitments within them. At present, EPA is working on the development of a
new FTA, with the governments of the United Kingdom through the USTR-led interagency
process. Further, given the President Biden 2021 Trade Agenda's emphasis on achieving climate
change objectives and supporting underserved communities, including possibly through trade
measures, EPA will provide technical advice and input on the implications of various tools such
as carbon border adjustments and environmental goods agreements, and provide governance
capacity building.
In FY 2023, EPA will continue to work with partners (including the Treasury Department, State
Department, U.S. Agency for International Development, and the U.S. International Development
Finance Corporation), to improve environmental governance of U.S. funded international
development projects. EPA will support the environmental performance of international financial
institutions such as the development of environmental safeguards, including climate performance.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$274.0) 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.
(+$621.0 / +2.7 FTE) This program change is an increase in resources and FTE to provide
support and capacity building for regional and international Trade and Governance
programs addressing climate change and environmental justice. This investment includes
$502.0 thousand in payroll.
Statutory Authority:
In conjunction with the National Environmental Policy Act (NEPA) § 102(2)(F): Clean Air Act §
103(a); Clean Water Act § 104(a)(l)-(2); Safe Drinking Water Act (SDWA) § 1442(a)(1);
Resource Conservation and Recovery Act (RCRA) § 8001(a)(1); Federal Insecticide Fungicide
and Rodenticide Act (FIFRA) §§ 17(d), 20(a); Toxic Substances Control Act (TSCA) §10(a);
Marine Protection, Research, and Sanctuaries Act (MPRSA) § 203(a)(1); E.O. 12915; E.O. 13141;
E.O. 13277; U.S.-Mexico-Canada Agreement (USMCA) Implementation Act, 19 U.S.C. §§4501-
4372.
368
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US Mexico Border
Program Area: International Programs
Goal: Tackle the Climate Crisis
Objective(s): Advance International and Subnational Climate Efforts
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
s2.m a
S3.2~5
S-IJiS
Total Budget Authority
$2,818
$2,837
$3,275
$438
Total Workyears
13.3
12.4
14.4
2.0
Program Project Description:
The two- thousand-mile border between the United States and Mexico is one of the most complex
and dynamic regions in the world. This region accounts for three of the 10 poorest counties in the
U.S., with an unemployment rate 250-300 percent higher than the rest of the country.145 In
addition, over 430 thousand of the 14 million people in the region live in 1,200 colonias,146 which
are unincorporated communities characterized by substandard housing and unsafe drinking water
or wastewater systems. In 2018 the poverty rate along the two-thousand-mile border was about
twice the U.S. average. Population growth indexes show a trend of increasing growth, related
among other factors to the influx of migrants from different regions.
This trend has increased the pressure on basic infrastructure and services in border cities, which
struggle to keep up with population growth. This includes unincorporated communities
characterized by substandard housing and unsafe drinking water. Colonias also exist in Arizona,
California, New Mexico and Texas. The adoption of the Border Programs has gone a long way to
protect and improve the health and environmental conditions along a border that extends from the
Gulf of Mexico to the Pacific Ocean.
Building on the successes of the Border 2020 Program, the Border 2025 Program lays out a
roadmap for continued environmental cooperation over the next several years. The Border 2025
Program, like its predecessors, continues to emphasize local priority-setting, focuses on
measurable environmental results, and encourages broad public participation. Specifically, Border
2025 builds on earlier program work147, which includes removing more than 13 million scrap tires
from the border, establishing drinking water connections for more than 54,000 homes and adequate
wastewater connections for over half a million homes; in addition to highlighting regional areas
where environmental improvements are most needed, establishing thematic goals supporting the
145 For additional information, please see:
http://www.miirr.org/drupal/sites/default/files/unm the jisjiiexico borderjegion at a gtance.pdf
146 For additional information, please see: https://www.dallasfed.Org/~/media/documents/cd/pubs/lascolonias.pdf
147 For additional information, please see: https://www. epa. gov/sites/defaul t/files/2021. -
05/documents/fmal_b2020_acc report jiiay 24_2021.pdf.
369
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implementation of projects, considering new fundamental guiding principles, and encouraging the
achievements of more ambitious environmental and public health goals.
The Border 2025 Program identifies four long-term goals to address the serious environmental
and environmentally related public health challenges, including the impact of transboundary
transport of pollutants in the border region. These strategic goals are: Reduce Air Pollution;
Improve Water Quality; Promote Sustainable Materials and Waste Management; Clean Sites; and
Improve Joint Preparedness for and Response to Hazardous Environmental Emergencies.
EPA and the Secretariat of Environment and Natural Resources (SEMARNAT) will continue to
closely collaborate with the 10 border states (four U.S./six Mexican), 26 U.S. federally recognized
Indian tribes and local communities in prioritizing and implementing projects that address their
particular needs.
Note: The border water and wastewater infrastructure programs are described in the State and
Tribal Assistance Grants (STAG) appropriation, Infrastructure Assistance: Mexico Border
Program.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.3, Advance International and
Subnational Climate Efforts in the FY 2022-2026 EPA Strategic Plan.
Air Pollution:
In FY 2023, EPA will continue to focus on air pollution reductions in binational airsheds, work on
reducing emissions through implementing policy-based or technology-based programs,
maintaining effective air quality monitoring networks and timely access to air quality data along
the border region. This effort to meet health-based air quality standards, especially for particulate
matter and ozone, is expected to mitigate negative effects on public health by deploying innovative
strategies or technologies and building public awareness of associated health risks, including
higher incidence rates for asthma and increased health-related school absences for children and
vulnerable populations.
EPA and SEMARNAT will continue to build on the successful air quality efforts conducted under
the Border 2020 Program, which has resulted in complete greenhouse gas emissions inventories
for each Mexico border state and improved public health, especially in underserved communities.
In addition, building upon over 20 years of binational air quality success within the shared New
Mexico, Texas, and Chihuahua air basin, local coordinated efforts will advance work to address
mobile sources at two designated Border cities.
EPA will assist in improved compliance with vehicle emission standards, establishment of and
compliance with vehicle inspection and maintenance programs, increased data-sharing on used
vehicle emissions testing, and strengthened Green Freight Programs such as Transporte Limpio
(Mexico) and SmartWay (United States).The benefit in cooperation with Mexican border cities
has a high positive impact on Texas' largest populated border city of El Paso in protecting U.S.
370
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citizens and vulnerable populations, as Juarez and El Paso make up a metropolitan area that shares
and breathes the same air. Along the U.S. border, California, Arizona, and New Mexico have
completed Climate Change Action Plans.
Water Management.
In FY 2023, the Agency will continue to address border water management in the Tijuana River
Watershed. The United States-Mexico-Canada Trade Agreement (USMCA) authorizes and directs
EPA to coordinate with specific federal, state, and local entities to plan and implement high priority
infrastructure projects that address transboundary pollution affecting San Diego County. EPA will
advance implementation of projects to prevent and reduce the levels of trash and sediment from
entering high priority binational watersheds. Other projects that prevent/reduce marine litter
should primarily focus on preventing waste at the source through improvements to solid waste
management systems, education campaigns, and monitoring as well as reducing trash from
entering the aquatic environment through the capture of litter using river booms in known
watershed litter hot spots.
Sustainable Materials Management.
In FY 2023, EPA will continue to collaborate and partner on sustainable materials management
demonstration projects to prevent waste and improve the recovery of materials, such as plastic, e-
waste, and scrap tires, through public-private partnership programs and infrastructure investments
in the border region to mitigate public health and environmental impacts and avoid costly cleanup
efforts. Each region of Mexico's northern border has different economic, social, and cultural
situations, with different capacities to mitigate the generation and management of waste and
secondary materials.
Planning:
EPA will continue to work to increase institutional capabilities in planning and technical
assistance, enabling the development of programs, projects, or actions, which take into account the
life cycle analysis of natural resource economics, manufacturing, transport, and other market
factors to more effectively harvest and use materials and avoid them from being lost to landfills.
Additionally, the United States and Mexico will work together to enhance joint preparedness for
environmental response and facilitate easier transboundary movement of emergency response
equipment and personnel by activities such as updating Sister City Plans with preparedness and
prevention and providing training to emergency responders on preparedness and prevention related
activities. As part of the efforts for binational emergency preparedness and response, work will
continue updating of the Mexico-U.S. Joint Contingency Plan in both Spanish and English. In
addition, both countries will coordinate efforts in binational border wide work.
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Performance Measure Targets:
(PM E13b) Number of Border 2025 actions implemented in the U.S.-Mexico
Border area to improve water quality, solid waste management and air
quality including those that address climate change, and advance
emergency response efforts.
FY 2022
Target
FY 2023
Target
3
10
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$128.0) 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.
(+$310.0 / +2.0 FTE) This net program change is an increase to support efforts in mitigating
pollution and addressing climate change related activities along the United States and
Mexico Border. To address the needs in the region and in support of the Border 2025
program priorities, this effort continues to focus on smaller scale sustainability and core
capacity building projects designed to improve the environment and protect the health of
the nearly 14 million people living along the U.S.-Mexico border. This investment includes
$354.0 thousand in payroll.
Statutory Authority:
In conjunction with the 1983 Agreement between the United States of America and the Mexican
United States on Cooperation for the Protection and Improvement of the Environment in the
Border Area (La Paz Agreement) and National Environmental Policy Act (NEPA) § 102(2)(F):
Clean Air Act § 103(a); Clean Water Act § 104(a)(l)-(2); Safe Drinking Water Act (SDWA) §§
1442(a)(1); Resource Conservation and Recovery Act (RCRA) § 8001(a)(1); Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) §§ 17(d), 20(a); Toxic Substances Control Act (TSCA)
§ 10(a); Marine Protection, Research, and Sanctuaries Act (MPRSA) § 203(a)(1); U.S.-Mexico-
Canada Agreement (USMCA) Implementation Act, 19 U.S.C. §§ 4501-4372.
372
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IT/ Data Management/ Security
373
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Information Security
Program Area: IT / Data Management / Security
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
Vi. "7o
SiS', JiS'.i
S2.1. -.IV
SIS.-15-1
Hazardous Substance Superfund
$752
$659
$7,859
$7,200
Total Budget Authority
$7,516
$8,944
$31,598
$22,654
Total Workyears
16.6
13.1
17.1
4.0
Program Project Description:
Digital information is a valuable national resource and a strategic asset that enables EPA to fulfill
its mission to protect human health and the environment. The Information Security Program's
mission is to protect the confidentiality, integrity, and availability of EPA's information assets. The
information protection strategy includes, but is not limited to, risk management, oversight, and
training; network management and protection; and incident management.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan. EPA will work toward
full compliance with the five high priority directives (Adoption of Multifactor Authentication,
Encryption of Data At Rest, Encryption of Data In Transit, Zero Trust Architecture, and Event
Logging) in Executive Order (EO) 14028: Improving the Nation's Cyber security.148
Cybersecurity is a serious challenge to our Nation's security and economic prosperity. Effective
information security requires vigilance and the ability to quickly adapt to new challenges. EPA
maintains a robust, dynamic approach to cybersecurity risk management, governance, and
oversight. In FY 2023, to further strengthen the Agency's security posture and to expand its risk
management, continuous monitoring, security incident response programs, and to implement EO
14028, EPA requests an additional investment of $15.5 million and 4.0 FTE. The Agency will
continue its partnerships with public and private sector entities to promote the adoption of
cybersecurity best practices and reporting to the White House and Congress on the status of these
initiatives.
EPA will continue to strengthen information technology (IT) assets and develop resiliency against
potential cybersecurity threats. This work includes increasing implementation of Multifactor
Authentication to strengthen access controls to data and increasing implementation of encryption
for Data at Rest and Data in Transit to protect data. EPA has prioritized investments in specific
148 For more information on EO 14028, please see: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/05/12/executive-order-on-improving-the-nations-cybersecurity/.
374
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capabilities that protect and defend the most sensitive systems and information, including those
designated as high-value assets. These investments will ensure protections are in place
commensurate with the impact of their potential compromise.
Risk Management, Oversight, and Training:
In FY 2023, EPA will continue to include cybersecurity and privacy components in ongoing senior
leadership program reviews. These reviews enhance Chief Information Officer (CIO) oversight by
enabling better risk area determination and targeted improvement direction to system and mission
program managers. While EPA programs and regions maintain responsibility for improving their
performance in specific cybersecurity measures, EPA's senior leadership routinely reviews
performance results and potential challenges for achieving continuous improvement.
In FY 2023, the Agency will continue to collect Federal Information Security Modernization Act
(FISMA)149 metrics and evaluate related processes, tools, and personnel to identify gaps and
opportunities for improvement. EPA's CIO, who also is the Senior Agency Official for Privacy
(SAOP), in coordination with the Chief Information Security Officer, will continue to monitor and
report on these metrics, in line with OMB Memorandum M-22-05 Fiscal Year 2021-2022
Guidance on Federal Information Security and Privacy Management Requirements.150
The Agency will continue to update policies and procedures in line with the National Institute of
Standards and Technology (NIST) in compliance with the release of Special Publications 800-
53r5, Security and Privacy Controls for Information Systems and Organizations.151 These updates
will help to implement a series of controls to address increased threats in the information
environment.
In compliance with OMB Memorandum M-21-30, Protecting Critical Software Through
Enhanced Security Measures,152 the Agency continues to work on refinements to improve the
ability to track and report on critical software used by the Agency in compliance with Federal
Information System Reporting and OMB direction.
EPA will further enhance Agency-specific role-based training to ensure personnel in key
cybersecurity roles have the skills, knowledge, and capabilities to effectively support EPA's
cybersecurity posture.
Network Management and Protection:
In accordance with OMB Memorandum M-22-09 Moving the U.S. Government Toward Zero Trust
Cybersecurity Principles,153 EPA will continue to review and improve controls across several
149 Including those found in Federal Information Security Modernization Act of 2014 and Federal Information Security
Cybersecurity Act of 2015.
150 For more information, please see https://wvw.whitehouse.gov/wp-content/uploads/2021/12/M-22-05-FY22-FISMA-
Guidance.pdf.
151 For more information, please see: https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final.
152 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/08/M-21-30.pdf.
153 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2022/01/M-22-Q9.pdf.
375
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pillars as outlined in the Zero Trust Architecture: protecting identity management capabilities
through authentication infrastructure and system configurations. Agency staff will continue to use
enterprise-managed identities to access the applications they use in their work and evaluate current
solutions to ensure they are resistant to malicious phishing campaigns and can protect EPA assets
from sophisticated online attacks. The Agency will continue streamlining processes for hardware
and software inventory management, including the implementation of a Configuration
Management Database. The Agency will continue to assess existing Encryption for Data at Rest
and Data in Transit implementation and work to optimize these encryption capabilities to ensure
critical information and network traffic is encrypted. EPA also will embark on an enterprise effort
to perform detailed analysis of isolated environments and work on integrating those environments
with continuous monitoring capabilities to reduce risk.
In FY 2023, EPA will continue to strengthen cloud security monitoring and access to sensitive
data, cyber incident response, and cloud platform management services, which will enable remote
workers to securely use systems and services in the cloud while also improving application
performance and reducing costs associated with Trusted Internet Connections (TIC).154 The
Agency also will mature use of web content filtering tools to prevent malicious and unauthorized
web content from impacting EPA systems and users. The Agency will continue to build its Insider
Threat Program for the unclassified network to monitor Privileged Users and Systems
Administrators activity, as recommended by several cybersecurity assessments,155 and to monitor
and report on EPA networks and systems.
By moving to Zero Trust Architecture, EPA can further strengthen network resiliency and
reliability. The development of networks which can resist malevolent actions regardless of their
origin is an information security priority. Zero Trust Architecture will grant authorized users with
full access to the tools and resources needed to perform their jobs but limit further access to
unnecessary areas. Proper permissions for a given user's needs is a critical component of Zero
Trust Architecture and coding for more granular control over the network environment is an
information security priority.
Incident Management:
Cyberattacks across critical infrastructure sectors are rapidly increasing in volume and
sophistication, impacting both IT and operational technology systems. EPA's Agency IT Security
and Privacy (AITSP) Program enables agencywide implementation, management, and oversight
of the CIO's Information Security and Privacy Programs through continuous monitoring functions.
Continuous monitoring capabilities, which serve to identify and address security vulnerabilities
and incidents quickly, are vital to ensure that EPA's information environment remains safe.
In FY 2023, EPA will continue to support the ongoing implementation of capabilities for data
labeling and data loss prevention, as well as remote computer imaging and forensics, all of which
154 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf.
155 These assessments include Annual Assessments and Classified briefings with the Department of Homeland Security and
EPA's Office of Homeland Security, as well as a 2017 OIG Report, available at:
https://www.epa.gov/sites/production/files/2017-10/documents/ epaoig_20171030-18-p-0031.pdf.
376
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will improve security information and event management by collecting, synthesizing, managing,
and reporting cybersecurity events for systems across the Agency.
The Information Security Program supports EPA's Security Operations Center (SOC), which
manages the Computer Security Incident Response Capability (CSIRC) processes to support
identification, response, alerting, and reporting of suspicious activity. In accordance with OMB
Memorandum M-21-31 Improving the Federal Government's Investigative and Remediation
Capabilities Related to Cybersecurity Incidents,156 in FY 2023, EPA will continue to mature the
system logging capabilities to meet Event Logging (EL) Level 2 for Intermediate Logging
requirements of highest and intermediate criticality and EL Level 3 for Advanced Logging
requirements at all criticality levels. Through CSIRC, EPA will continue to maintain relationships
with other federal agencies and law enforcement entities, as needed, to support the Agency's
mission. The incident response capability includes components such as detection and analysis,
forensics, and containment and eradication activities.
In compliance with EO 14028, the Security Operations Center will continue maturation and
refinement of the Agency's Incident Response procedures in compliance with Cybersecurity and
Infrastructure Security Agency's Playbook for Responding to Cybersecurity Vulnerabilities and
Incidents. In compliance with OMB Memorandum M-22-01 Improving Detection of Cybersecurity
Vulnerabilities and Incidents on Federal Government Systems through Endpoint Detection and
Response,157 the Agency's Security Operations Center will work to integrate End Point Detection
and Response capabilities with the Continuous Diagnostics and Mitigation Program to support
proactive detection of cybersecurity incidents within EPA's information environment, active cyber
hunting, containment and remediation, and incident response. EPA will continue modernizing its
network and system logging capabilities (on-premises systems and connections hosted by third
parties, such as Cloud Service Providers) for both investigation and remediation purposes.
Additionally, the Agency continues to mature Coordinated Vulnerability Disclosure (CVD),
through program expansion and improved notification, response, and reporting activities. By
working with internal stakeholders, private industry, and federal organizations to communicate
vulnerabilities discovered or encountered, CVD decreases the harm or time an adversary can use
to deny or disrupt services to the networks.
EPA leverages capabilities through the Continuous Diagnostics and Mitigation (CDM) Program,
which addresses agencies' cybersecurity protection gaps and allows EPA to efficiently identify
and respond to federal-wide cybersecurity threats and incidents. In FY 2023, as part of the work
with the Department of Homeland Security to support implementation of current and future Phase
CDM requirements, the CDM Program will continue closing remaining gaps in privileged access
to EPA's network and continue to provide critical security controls for the Agency's cloud
applications. The CDM Program also will review interior EPA network boundary protection from
interconnections to external networks, expand endpoint detection and response capabilities, and
integrate mobile device discovery to expand program capabilities. In FY 2023, EPA estimates a
$13.4 million budget for the CDM Program.
156 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/08/M-21-31-Improviiig-the-Federal-
Govemments-Investigative-and-Remediation-Capabilities-Related-to-Cybersecurity-Incidents.pdf.
157 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2Q21/10/M-22-01.pdf.
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Supply Chain Risk Management:
In FY 2023, EPA will continue to develop the Agency's program to implement Cybersecurity
Supply Chain Risk Management Controls to comply with the Government Accountability Office
(GAO) findings158 and NIST 800-53 Rev 5 Security and Privacy Controls for Information Systems
and Organization,159 This work includes coordinating across the Agency with professionals from
Information Technology, Information Security, and Procurement to update the policy and obtain
the necessary tools to address these critical security requirements, which were a vulnerability in
the Log4J FY 2022 intrusion. In compliance with EO 14028, Sec. 4. Enhancing Software Supply
Chain Security, EPA will implement standards, procedures, and criteria to harden and secure
software development environments, and investigate the addition of automated tools to secure the
development environment.
Performance Measure Targets:
(PM MFA) Percentage of EPA systems in compliance with multifactor
authentication requirements.
FY 2022
Target
FY 2023
Target
75
85
(PM DAR) Percentage of EPA data at rest in compliance with encryption
requirements.
FY 2022
Target
FY 2023
Target
No Target
Established
(PM DIT) Percentage of EPA data in transit in compliance with encryption
requirements.
FY 2022
Target
FY 2023
Target
No Target
Established
(PM ZTA) Percentage implementation of an approved "Zero Trust
Architecture."
FY 2022
Target
FY 2023
Target
No Target
Established
(PM ALR) Implementation of advanced event logging requirements (EL3)
FY 2022
FY 2023
across EPA networks.
Target
Target
ELI
EL3
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$106.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
(+$15,348.0 / +4.0 FTE) This program change supports enhancements to protect the
Agency's information technology infrastructure and advance the implementation of EO
14028: Improving the Nation's Cybersecurity. This investment will increase EPA's
158 Government Accountability Office Report on information and communications technology (ICT) Supply Chain: GAO-21-
164SU.
159 For more information, please see: https://csrc.iiist.gov/publicatioiis/detail/sp/800-53/rev-5/fiiial.
378
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information technology resiliency and limit vulnerabilities in the event of a malicious
attack. This investment includes $790.0 thousand in payroll.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Cybersecurity Act of 2015; Federal Information
Security Modernization Act (FISMA); Government Performance and Results Act (GPRA);
Government Management Reform Act (GMRA); Clinger-Cohen Act (CCA).
379
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IT / Data Management
Program Area: IT / Data Management / Security
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S '-1.013
S,S'_\ ~/5
VAN'.-152
Science & Technology
$2,782
$3,072
$3,195
$123
Hazardous Substance Superfund
$20,984
$13,826
$16,904
$3,078
Total Budget Authority
$97,779
$99,613
$118,551
$18,938
Total Workyears
467.8
482.4
486.4
4.0
Total workyears in FY 2023 include 172.0 FTE to IT/Data Management working capital fund (WCF) services.
Program Project Description:
The work performed under the Information Technology/Data Management (IT/DM) Program
supports human health and the environment by providing critical IT infrastructure and data
management. The Program ensures analytical support for interpreting and understanding
environmental information; exchange and storage of data, analysis, and computation; rapid, secure,
and efficient communication; and access to scientific, regulatory, policy, and guidance information
needed by the Agency, regulated community, and the public.
This program supports the maintenance of EPA's IT and Information Management (IT/IM)
services that enable citizens, regulated facilities, states, and other entities to interact with EPA
electronically to access, analyze and understand, and share environmental data on-demand. The
IT/DM Program also provides support to other IT development projects and essential technology
to EPA staff, enabling them to conduct their work effectively and efficiently in the context of
federal IT requirements, including the Federal Information Technology Acquisition Reform Act
(FITARA); Technology Business Management (TBM); Capital Planning and Investment Control;
and the Open, Public, Electronic, and Necessary Government Data Act.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support to strategic goals and
objectives in the FY2022 - 2026EPA Strategic Plan.
In FY 2023, the Agency requests an increase of $4 million to support Future of Work efforts of
the Agency, supporting an investment in the latest collaboration and productivity IT tools and
software necessary for a modern hybrid workforce and in the IT infrastructure necessary to
maintain a permanent increase in telework, remote work, and operational readiness.
Additionally, EPA requests $6.16 million in FY 2023 to establish a dedicated funding source for
the maintenance and modernization of the Agency's enterprise network switch infrastructure
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necessary for the operations of the EPA network including data centers. This funding ensures
critical infrastructure is replaced when it reaches end of life/end of support. Failure to replace
switch infrastructure may result in network degradation, which leaves EPA vulnerable to
cybersecurity threats, and can disrupt operations.
The Agency also requests an increase of $4.7 million and 4 FTE across the EPM and Superfund
appropriations to support implementation of the Agencywide Digitization Strategy, which includes
the operation of two EPA digitization centers and the development and operation of a modernized
records Management Technology, which is necessary to meet the requirements of Memoranda M-
19-21 Transition to Electronic Records160 issued by the Office of Management and Budget and
the National Archives and Records Administration. EPA will leverage artificial intelligence and
machine learning to assist staff with appropriately scheduling electronic records that are saved to
the Record Management Technology. EPA will operate the Paper Asset Tracking Tool and
Content Ingestion Services to track paper records as they are submitted and processed through the
digitization centers.
EPA also will continue to maintain and manage its core IT/ DM services, including Information
Collection Requests, the National Library Network, the Agency's Docket Center, and EPA's
Section 508 Program. The Agency also will continue implementing the 21st Century Integrated
Digital Experience Act (P.L. 115-336), which includes modernization of public-facing websites
and digital services, as well as digitization of paper forms and non-digital services. EPA will
finalize a complete inventory of the Agency's paper forms, develop the process to digitize these
forms in compliance with the 21st Century Integrated Digital Experience Act, and begin digitizing
the forms. EPA's Controlled Unclassified Information Program also will continue work to
standardize, simplify, and improve information management and IT practices to facilitate the
sharing of important sensitive data within the Agency, with key stakeholders outside of the
Agency, and with the public, meeting federal standards as required by Executive Order 13556:
Controlled Unclassified Information.161
In FY 2023, EPA will further strengthen its IT acquisition and portfolio review process as part of
the implementation of FITARA. In the most recent FITARA scorecard, released in December
2021,162 EPA scored an overall B+, the third highest rating among Chief Financial Officers Act
agencies.
In FY 2023, EPA will continue work on converting prioritized internal administrative paper or
analog workflows into modem digital workflows to speed up common administrative tasks, reduce
burdensome paperwork for EPA employees and managers, and improve internal data collection
and reporting. This work will build on work completed in FY 2022 to identify a set of processes
which will yield the greatest benefit for the Agency upon automation and to complete a high
priority pilot automation project.
160 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploads/2019/08/M-19-21-new-2.pdf.
161 For more information, please refer to Executive Order: https://www.federalregister.gOv/documents/2010/l 1/09/2010-
28360/controlled-unclassified-infonnation.
162 For additional information, please refer to: fattps://fitara.nieritalk.com/.
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EPA's Customer Experience (CX) Program will focus on improving the mission support
experience of EPA staff to improve their ability to serve the public. The Program focuses on
collaborations such as the System Lifecycle Management process, which collects feedback from
IT professionals, regions, programs, and other stakeholders to improve the EPA system
development process. In FY 2023, the CX Program will collect customer feedback, conduct data
analytics, assess priorities within a governing community of practice, and present
recommendations to senior leaders to allocate resources to improve CX initiatives.
The Agency's Chief Technology Officer, Chief Architect, and Chief Data Officer will continue to
enhance enterprise software development and architecture capabilities, including application
development, deployment approaches, and technical platform support. EPA will identify and
prioritize the interoperability of data within EPA and across federal agencies that benefits internal
and public-facing services. Driven by demand from federal partners, EPA will identify
opportunities to share data with other federal partners in the National Secure Data Service. EPA
will support data collection in a few priority areas, where required, to improve our efforts to
address our learning agenda priority questions, environmental justice, and other agency efforts
focused on civil rights and equity challenges.
In FY 2023, the Agency will continue to support the essential capabilities of GeoPlatform, a shared
technology enterprise for geospatial information and analysis. By implementing geospatial data,
applications, and services such as the Facility Registry System, the Agency can integrate, interpret,
and visualize multiple data sets and information sources to support environmental decisions. The
Agency will continue developing and increasing capabilities of EPA's Data Management and
Analytics Platform, which has both internal and public facing elements such as Envirofacts. EPA
will partner with other agencies, states, tribes, and academic institutions to propose innovative
ways to use, analyze, and visualize data through EPA's Data Management and Analytics Platform.
After completing an alternatives analysis for regulatory data, EPA will begin implementing an
enterprise full data life cycle approach for managing regulated facility data.
In FY 2023, the Agency's One EPA Web will continue to manage content and support internal
and external users with information on EPA business, support employees with internal
information, and provide a clearinghouse for the Agency to communicate initiatives and successes.
EPA also will continue to upgrade its web infrastructure, ensuring that it meets current statutory
and evolving security requirements.
Registries are shared data services in which common data are managed centrally but shared
broadly. They improve data quality in EPA systems, enable integration and interoperability of data
across program silos, and facilitate discovery of EPA information publicly and internally. In FY
2023, EPA will increase the use of registries, migrate them to a cloud infrastructure, and improve
their quality by modernizing them from custom built solutions to Commercial Off-The-Shelf tools
with expanded capabilities.
Performance Measure Targets:
(PM GOP A) Percentage of priority internal administrative processes
FY 2022
FY 2023
automated.
Tariicl
Target
10
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$2,178.0) 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.
(+$6,160.0) This change to fixed and other costs is an increase to provide funding for the
enterprise network switch infrastructure necessary for the operations of the EPA network
including data centers. This funding ensures critical infrastructure is replaced when it
reaches end of life/end of support. Failure to replace switch infrastructure may result in
network degradation, leave EPA vulnerable to cybersecurity threats, and disrupt EPA
operations.
(+$3,399.0 / +4.0 FTE) This program change is an increase to support operations of EPA's
National Digitization Program and enterprise-wide records management system, which
provide for the centralized management and digitization of the Agency's records in an
electronic manner. This investment will improve records management, reduce records
costs across EPA programmatic offices, and enable EPA to comply with statutory
requirements under the Federal Records Act. This investment includes $712.0 thousand for
payroll.
(+$4,000.0) This program change is an increase to provide the necessary support for a
hybrid modern workforce and will require the integration of facilities and infrastructure,
human resources, and information technology programs in order to successfully re-
envision the federal work environment.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Federal Information Technology Acquisition
Reform Act; Federal Information Security Modernization Act (FISMA); Government
Performance and Results Act (GPRA); Government Management Reform Act (GMRA); Clinger-
Cohen Act (CCA); Rehabilitation Act of 1973 § 508.
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Legal/ Science/ Regulatory/ Economic Review
384
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Administrative Law
Program Area: Legal / Science / Regulatory / Economic Review
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
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$4,975
$5,882
$907
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19.8
23.8
25.8
2.0
Program Project Description:
This program supports EPA's Administrative Law Judges (ALJs) and the Environmental Appeals
Board (EAB).
Administrative Law Judges
The ALJs preside in hearings and issue initial decisions in cases initiated by EPA's enforcement
program concerning environmental, civil rights, and government program fraud related violations.
Additionally, pursuant to an interagency agreement providing for reimbursement of services, the
ALJs also adjudicate enforcement actions brought by National Oceanic and Atmospheric
Administration (NOAA), primarily under statutes protecting marine mammals and endangered
species over which EPA and NOAA share jurisdiction, such as the Marine Protection, Research,
and Sanctuaries Act and Endangered Species Act. The Fifth Amendment of the Constitution of the
United States of America guarantees the regulated community the right to due process of the law.
The ALJs issue orders and decisions under the authority of the Administrative Procedure Act
(APA) and the various environmental, civil rights, and anti-fraud statutes that establish
administrative enforcement authority and implement the Constitution's guarantee of due process.
The ALJs preside in hearings in cases initiated at EPA Headquarters and in each of EPA's 10
regional offices. Parties participating before the ALJs include local and national community
groups, private parties, and federal, state, and local governments. The ALJs promote public
participation in the administrative hearing process through remote hearings and prehearing
conferences and maintain an extensive website, accessible to the public, containing all initial
decisions and case filings. Additionally, to promote access to justice, participants in cases pending
before the ALJs may file documents electronically and are not required to pay a filing fee or be
represented by counsel. The ALJs also offer an opportunity for alternative dispute resolution to
completely resolve disputed issues or narrow the issues to be decided after a hearing, which may
further reduce costs.
The right of affected persons to appeal ALJ initial decisions is conferred by various statutes,
regulations, and constitutional due process rights. A small subset of the initial decisions issued by
the ALJs are appealed to the Environmental Appeals Board.
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Environmental Appeals Board
The Environmental Appeals Board (EAB) is a four-member appellate tribunal established by
regulation in 1992 to hear appeals and issue decisions in environmental adjudications (primarily
enforcement and permit related) under all major environmental statutes that EPA administers. The
EAB promotes the rule of law and furthers the Agency's mission to protect human health and the
environment. The EAB furthers the Agency's mission to advance environmental justice and
address climate-related issues by ensuring the integrity of federal decision-making and fairness in
its adjudication of administrative appeals.
Since the 1994 Executive Order on Environmental Justice was issued, the EAB has played a
pioneering role in ensuring that the Agency meets its obligation with respect to environmental
justice and, for example, in the context of permitting, has remanded several permit cases where
the record did not support a finding that the permit authority reasonably considered the contested
environmental justice issues in their permit decision making process.
To promote access to justice, parties appearing before the Board are not required to be represented
by counsel or pay a filing fee. Additionally, the Board promotes public participation in the appeals
process through remote oral arguments and maintains an extensive website, accessible to the
public, containing all final Board decisions and case filings. Among others, parties participating
before the Board include local and national community groups, tribal nations, private parties, and
state and local governments.
The EAB decides petitions for reimbursement under the Comprehensive Environmental Response,
Compensation, and Liability Act Section 106(b); hears appeals of pesticide licensing and
cancellation proceedings under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);
and serves as the final approving body for proposed settlements of enforcement actions initiated
at EPA. The EAB issues decisions in a fair and timely manner consistent with the Administrative
Procedure Act (APA) and the applicable environmental statutes, and under the authority delegated
by the Administrator and pursuant to regulation, ensuring consistency in the application of legal
requirements. In 90 percent of matters decided by the EAB, no further appeal is taken to federal
court, providing a final resolution to the dispute. The EAB also offers an opportunity for alternative
dispute resolution.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the ALJs will continue to convene formal hearings either remotely or in the location
of the alleged violator or violation, as required by statute. In FY 2023, the EAB will continue to
efficiently and fairly adjudicate permit and enforcement appeals under all statutes as well as
petitions for reimbursement under Comprehensive Environmental Response, Compensation and
Liability Act, expediting appeals such as Clean Air Act New Source Review cases and FIFRA
licensing proceedings that are particularly time sensitive. The EAB and ALJs also anticipate
addressing a potential increase in environmental justice-related issues and in new work assuring
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access to justice, including for tribal nations and parties impacted by environmental justice related
concerns.163
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$178.0) 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.
(+$729.0 / +2.0 FTE) This program increase advances environmental justice through the
Administrative Law Program. This investment includes $431.0 thousand in payroll.
Statutory Authority:
Administrative Procedure Act (APA); Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as
amended by Pub. L. 98-80, 97 Stat. 485 (codified at Title 5, App.) (EPA's organic statute);
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA); Clean Water Act (CWA); Clean Air Act
(CAA); Toxic Substance Control Act (TSCA); Solid Waste Disposal Act (SWDA); Resource
Conservation and Recovery Act (RCRA); Safe Drinking Water Act (SDWA); Emergency
Planning and Community Right-to-Know Act (EPCRA); Marine Protection, Research, and
Sanctuaries Act (MPRSA); Mercury-Containing and Rechargeable Battery Management Act
(MCRBMA); the Act to Prevent Pollution From Ships (APPS).
163 For additional information on the Administration's priority on "Tackling the Climate Crisis at Home and Abroad," please see:
https://www.whitehouse.gov/briefing-rooiii/presidential-actions/2021/01/27/executive-order-on-tackling-the-cliiiiate-crisis-at-
home-and-abroad/.
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Alternative Dispute Resolution
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Hold Environmental Violators and Responsible Parties Accountable
(Dollars in Thousands)
FY 2021
Final Actuals
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Annualized
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$832
$868
$36
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$1,165
$1,696
$2,043
$347
Total Workyears
2.1
5.9
6.9
1.0
Program Project Description:
EPA's Alternative Dispute Resolution (ADR) Program offers cost-effective processes for
preventing and resolving conflicts on environmental matters and some workplace conflicts as an
alternative to litigation. The Program provides facilitation, mediation, public involvement,
training, consensus building advice and support, legal counsel, and organizational development
support to external stakeholders and to all EPA programs.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.1, Hold Environmental Violators and
Responsible Parties Accountable in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will continue to provide conflict prevention and ADR services to all EPA
programs and external stakeholders on environmental matters. This program also supports
implementation of Executive Order (EO) 13985, Advancing Racial Equity and Support for
Under served Communities Through the Federal Government.164
Specifically, ADR will:
Continue to administer its five-year, $53 million Conflict Prevention and Resolution
Services contract. The contract supports the ADR Program by providing the above services
to more than 100 active projects and is expected to take on an additional 20-30 projects in
FY 2023. The Program expects a growth in the areas of environmental justice, climate
change, and Title VI civil rights cases.
Directly provide facilitation, mediation, and training services through the conflict
resolution specialists on staff. The ADR Program expects to directly support agency
programs and stakeholders by providing facilitation, mediation, or other consensus
building support on five to eight projects.
164 For more information, please see: https://www.whitehouse.gov/briefiiig-room/presidential-actioiis/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-govemment/.
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Provide training to EPA staff in conflict resolution concepts and skills. The ADR Program
offers this training through its cadre of eight interactively designed courses to all national
program offices and regions. Adapting to a virtual environment in FY 2021 has allowed
the ADR Program to reach many more programs throughout the Agency and expects that
to increase in FY 2023.
Help to achieve the goals of President Biden's Justice40 initiative by tracking the number
of CPRC projects in which services are provided to disadvantaged communities.
The following are examples of FY 2021 accomplishments:
Successfully managed a $53 million Conflict Prevention and Resolution Services contract
and administered 203 contract actions valued at $35.9 million in the first two years.
Supported 95 environmental collaboration and conflict resolution cases nationwide,
including multiple Administrator priority projects, such as the National Recycling
Strategy, the Tijuana River Watershed, and implementation of the Save Our Seas
legislation. Additional projects include the National Stakeholder Engagement on Disaster
Debris and Community Support for Tribal Asthma.
Trained more than 479 EPA personnel in conflict resolution skills through 11 courses and
supported an additional six conflict resolution trainings for 164 EPA staff and managers.
Performance Measures Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$31.0) 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.
(+$280.0 / +1.0 FTE) This program change is an increase for the use of alternative dispute
resolution processes, such as mediation and facilitation, to promote equity by including
underserved communities in negotiations. This includes $196.0 thousand in payroll.
Statutory Authority:
Administrative Dispute Resolution Act (ADRA) of 1996; Negotiated Rulemaking Act of 1996;
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute).
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Civil Rights Program
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Take Decisive Action to Advance Environmental Justice and Civil Rights
Objective(s): Strengthen Civil Rights Enforcement in Communities with Environmental Justice
Concerns
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
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$8,968
$9,205
$25,869
$16,664
Total Workyears
46.5
54.4
121.9
67.5
Program Project Description:
The Civil Rights Program enforces federal civil rights laws that prohibit discrimination by
recipients of federal financial assistance and protect employees and applicants for employment
from discrimination. There are two offices within the Agency's Civil Rights Program, the Office
of Civil Rights (OCR) and the External Civil Rights Compliance Office (ECRCO). OCR has
responsibility for the internal enforcement of several civil rights laws related to equal employment
opportunity (EEO), and ECRCO carries out the external enforcement of several civil rights laws
that prohibit discrimination in programs or activities that receive federal financial assistance from
EPA.
OCR, within EPA's Office of the Administrator, provides leadership, direction, and guidance in
carrying out the Agency's EEO Program. OCR is responsible for advising senior leadership and
Agency managers in carrying out their EEO responsibilities. OCR also conducts workforce
analysis to identify and eliminate barriers to employment and advancement. Additionally, OCR
offers counsel to employees, promotes alternative dispute resolution mechanisms to resolve EEO
disputes, investigates EEO complaints, and issues EEO decisions. Further, OCR assists managers
in processing reasonable accommodation requests made by persons with disabilities or COVID-
19 unvaccinated or partially vaccinated employees.
ECRCO, within the Office of General Counsel, investigates and resolves external complaints,
develops policy guidance, conducts affirmative compliance reviews, and provides technical
assistance to recipients of federal funds and outreach to communities. In FY 2021, ECRCO
committed to strengthening civil rights enforcement to address health and environmental
disparities, eliminate discriminatory barriers to clean air, water, and land, and ensure the protection
of human health and the environment for all persons in the United States. This commitment
includes the following: initiating pre-award and post-award proactive civil rights compliance
activities, including affirmative compliance reviews; increasing transparency by affirmatively
providing information to the public; developing guidance documents to clarify interpretations of
requirements and expectations, including about adverse disparate impacts in the permitting context
and the consideration of cumulative impacts in disparate impact analysis; partnering with the
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Office of Environmental Justice (OEJ) to assist with the integration of environmental justice (EJ)
principles in civil rights enforcement and to facilitate EPA responses to EJ issues; enhancing
communication and engagement with environmentally overburdened and disadvantaged
communities; and strengthening interagency collaboration across the federal government to
enforce federal civil rights laws.
In FY 2021, ECRCO launched strategic planning efforts in response to Executive Order (EO)
13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government. ECRCO began developing criteria for the initiation of compliance reviews, starting
by the first quarter of FY 2022, to address important civil rights issues in at least one
environmentally burdened community. ECRCO also began to develop a compliance review
planning process for prioritizing annual compliance reviews, beginning in FY 2022. On January
6, 2022, ECRCO issued "External Civil Rights Compliance Office (ECRCO) Process and Criteria
for Prioritizing and Selecting Affirmative Compliance Reviews." In addition, ECRCO is
developing civil rights guidance for recipients on procedural safeguards to be issued in the near
future in FY 2022.
In FY 2021, ECRCO also continued to meet its internal performance measures to ensure the timely
resolution of discrimination complaints. ECRCO issued preliminary findings within 180 days of
acceptance of the complaint, in two out of two cases, as required by EPA's regulation. In addition,
ECRCO continued to implement internal performance measures to ensure that all complaints
resolved through Informal Resolution Agreements receive those resolutions in a timely fashion.
ECRCO continued an EPA-wide contract to provide language assistance services to customers
with limited-English proficiency. In addition, ECRCO continued to improve its process for and
support of complaint docket management through investigations, informal resolution agreements,
and mediation consistent with EPA's nondiscrimination regulation and its revised Case Resolution
Manual, issued in the second quarter of 2021. In addition, ECRCO conducted internal stakeholder
engagement and reinvigorated comprehensive training efforts within EPA. On October 27, 2021,
ECRCO held its first ever public listening session, which over 200 people attended. In FY 2021,
ECRCO also finalized the development of additional tools and internal metrics to evaluate the
progress and effectiveness of ECRCO's continued proactive initiatives with Regions 1, 5, and 7
and their respective states to promote states' development of robust nondiscrimination programs.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 2/Objective 2.3, Strengthen Civil Rights Enforcement
in Communities with Environmental Justice Concerns. Work in this program also directly supports
progress toward the Agency Priority Goal: Deliver tools and metrics for EPA and its Tribal, state,
local, and community partners to advance environmental justice and external civil rights
compliance. By September 30, 2023, EPA will develop and implement a cumulative impacts
framework, issue guidance on external civil rights compliance, establish at least 10 indicators to
assess EPA's performance in eliminating disparities in environmental and public health
conditions, and train staff and partners on how to use these resources.
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Office of Civil Rights
In FY 2023, OCR will address potential barriers to employment and advancement, enhancing
training and service delivery, and assessing organizational EEO efforts during Technical Assistant
Visits (TAVs) with the Program and regional offices. Additionally, OCR will actively support,
and as required, lead specific efforts to implement the Agency's Diversity, Equity, Inclusion, and
Accessibility (DEIA) Strategic Plan as required by Executive Order (EO) 14035.165
Employee Complaints and Resolution (ECR)
In FY 2023, OCR will dedicate a large portion of its resources to the processing of discrimination
complaints, EEO-related training for management and staff, and marketing the benefits of the
Alternative Dispute Resolution (ADR) Program. ECR is expected to engage in the following
activities:
Evaluate the effectiveness of the revised procedures for processing Final Agency
Decisions.
Implement strategies for transparently communicating and addressing trends in formal
complaints at the Program office and regional office levels.
Implement ADR training (for management and staff) and issue program manuals and other
ADR marketing materials to strengthen participants' knowledge and to increase offers and
participation in the ADR process.
Implement a revised TAV agenda based on feedback from previous TAVs completed to
ensure an enhanced customer experience and usefulness.
Recruit and train new collateral duty EEO Counselors.
Affirmative Employment, Analysis, and Accountability (AEAA)
In FY 2023, AEAA will continue to focus on identifying and eliminating barriers to employment
and advancement at the Agency. This will include enhanced data analysis and greater capacity to
investigate workforce data triggers. In FY 2023, AEAA expects to engage in the following
activities:
Continue to monitor the effectiveness of measures implemented from the "Barrier Analysis
Report: Increasing the Use of the Schedule A (Disability) Hiring Authority".
Finalize the "Upward Mobility of Employees into the Senior Grades through the Senior
Executive Service (SES) based on the EEO Categories of Race and Sex".
Begin implementing recommendations resulting from the EPA MD-715166 priority
regarding the collection of applicant flow data for Career Development Opportunities.
Evaluate the significant underrepresentation of demographics groups from the FY 2022
MD-715 report.
165 For more information, please see: https://www.federatregister.gOv/documents/2021/06/30/2021-14127/diversity-equity-
inclusion-and-accessibilitv-iii-the-federal-workforce.
166 For more information, please see: https://www.epa.gov/sites/default/files/2021-05/documents/md-
715_report fv20 final 28 apr 21. signed.pdf.
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Monitor and assist the Administrator's Office and regional and program offices with
implementation of EEO Actions Plans.
Conduct assistance visits for a total of eight regional and program offices.
Provide effective training and tools for managers to carry out their responsibilities under
the MD-715.
Reasonable Accommodations (RA) Program
In FY 2023, the RA Program will work to enhance the effectiveness of services through training,
policy development, and improving the support functions of the Local Reasonable
Accommodation Coordinators (LORACs). In FY 2023, RA expects to engage in the following
activities:
Evaluate the procedures for providing Personal Assistant Services (PAS) to determine their
effectiveness and, as necessary, revise procedures.
Support the Agency's efforts to improve accessibility for persons with disabilities in
response to EO 14035.
Evaluate the Reasonable Accommodations Management System (RAMS) and
upgrade/enhance features as necessary.
Conduct recertification training (every three years) for the LORACs.
Conduct assistance visits for a total of eight EPA regional and program offices.
External Civil Rights Compliance Office, Including Title VI
In FY 2023, EPA requests an additional $11.6 million and 50.0 FTE to enforce the Nation's civil
rights laws through ECRCO and the regional offices who provide support and assistance to
investigate and resolve critical civil rights complaints and initiative affirmative compliance
reviews. Only through a whole of EPA approach to external civil rights compliance can we achieve
measurable environmental, public health, and quality of life improvements in the most
overburdened, vulnerable, and underserved communities.
EPA will continue to overhaul and refocus the office to bring justice to frontline communities that
experience the worst impacts of environmental pollution. EPA's FY 2022-2026 Strategic Plan
provides the framework for the Agency to center its mission on the integration of justice, equity,
and civil rights across the Nation's environmental protection enterprise. ECRCO and the OEJ will
work closely to promote the integration of EJ and civil rights throughout EPA and carry out the
objectives, sub-objectives, and annual and long-term goals articulated in Strategic Plan Goal 2:
"Take Decisive Action to Advance Environmental Justice and External Civil Rights." In addition,
to drive short term action by the end of FY 2023, EPA also established an Agency Priority Goal in
its strategic plan to "Deliver tools and metrics for EPA and its tribal, state, local, and community
partners to advance environmental justice and external civil rights compliance."
ECRCO will shift from being primarily reactive, responding only to complaints, to being proactive
in initiating compliance activities. ECRCO will fully implement its authority to address actions,
policies, and practices by recipients of EPA funding that have a discriminatory impact on
overburdened and disadvantaged communities. Beginning in FY 2022 and in FY 2023, ECRCO
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will continue to: initiate proactive pre-award and post-award civil rights compliance activities,
including affirmative compliance reviews to address the impacts of potentially discriminatory
activities on overburdened communities; develop and implement clear and strong civil rights
guidance and corresponding training and technical assistance to increase recipients' compliance
with civil rights laws, including on adverse disparate impacts, including in the permitting
context; conduct timely and effective civil rights complaint investigations and resolutions -
including investigations and informal resolution agreements that effectively address adverse
disparate impacts; enhance communication and engagement with environmentally overburdened
communities to meaningfully inform EPA's civil rights work and to empower and increase their
participation in critical decision making; increase transparency by affirmatively providing
information to the public; and strengthen federal interagency collaboration and coordination on
complaints, compliance reviews, and policy guidance to enforce federal civil rights laws.
In addition, as civil rights vigilance is an Agencywide responsibility, ECRCO will work with OEJ
and all EPA regional and program offices to: engage all EPA program and regional offices in civil
rights compliance activities to identify whether recipient programs and activities are consistent
with civil rights laws; communicate requirements and expectations to EPA staff through education,
training, outreach, and technical assistance to enhance civil rights enforcement awareness and
strengthen intra-agency collaboration; and include applicable civil rights requirements in EPA
non-civil rights guidance, program strategic planning, environmental policy directives,
rulemakings, enforcement, and siting and permitting decisions by EPA recipients.
In FY 2023, ECRCO will continue to ensure timely resolution of discrimination complaints and
affirmative compliance reviews and implement Informal Resolution Agreements within the
agreed-upon timeframes. Also, in FY 2023, ECRCO will continue to implement and refine the
Case Resolution Manual that was reissued in FY 2021 and updated in FY 2022.
Specific ECRCO FY 2023 activities include:
Continue to initiate affirmative civil rights compliance activities, including targeted post-
award compliance reviews in environmentally overburdened and disadvantaged
communities, and conduct pre-award applicant reviews that include greater accountability
for applicants and recipients to ensure civil rights compliance.
Fully implement the guidance to clarify investigative and legal standards that are applied
to external civil rights claims, including how cumulative impacts will be evaluated when
assessing whether an action, policy or practice, such as in the permitting context, has an
unjustified disparate and adverse impact.
Fully implement the civil rights procedural guidance for recipients.
Fully implement the process (to be revised in FY 2022) for reviewing Form 4700-4, the
"Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA
Financial Assistance." These revisions will aid in ensuring compliance with baseline
foundational procedural requirements that all applicants and recipients of federal funds
must meet to bring all applicants and recipients into compliance, address noncompliance
through voluntary means whenever possible, and take appropriate action when voluntary
means are not possible.
Continue to conduct post-award audits of submitted Form 4700-4 forms.
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Complete the Technical Assistance Video planned to be posted publicly in FY 2022, to
inform recipients of their nondiscrimination program obligations.
Continue to increase transparency by proactively providing the public with access to
ECRCO case information.
Increase coordination, communication, and engagement with environmentally
overburdened and disadvantaged communities.
Continue to enhance ADR services, including increasing ECRCO's capacity to offer
services to a greater number of recipients and communities.
Continue to strengthen interagency collaboration across the federal government to enforce
federal civil rights laws.
Develop programmatic guidance in FY 2023 to clarify that recipients must not only collect
and maintain data about the composition of the communities they serve, but also evaluate
and use those data to determine whether significant decisions, including permitting
decisions, comply with civil rights laws.
Develop and finalize EPA Directive/Order: Section 504 Procedures for Ensuring
Meaningful Access for Persons with Disabilities to EPA Programs Services and Activities,
including an EPA-Wide Disability Services Contract to ensure a clear, consistent, and well-
coordinated process for ensuring meaningful access for persons with disabilities.
Implement the "External Disability Complaint Process" that the public can use to file
complaints against EPA alleging lack of meaningful access for persons with disabilities to
EPA programs and activities.
Create a Resources Page on the ECRCO website and populate with existing and new
resources.
Ensure broad dissemination of critical civil rights deliverables through partnerships with
outside state, local and tribal councils, and alliances.
Performance Measure Targets:
(PM EJCR05) Percentage of state-issued permits reviewed by EPA that
include terms and conditions that are responsive to environmental justice
concerns and comply with civil rights obligations.
FY 2022
Target
FY 2023
Target
TBD
(PM EJCR06) Percentage of elements completed by state recipients of EPA
financial assistance toward having foundational civil rights programs in
place.
FY 2022
Target
FY 2023
Target
20
40
(PM EJCR12) Percentage of EPA programs and regions that have
identified and implemented opportunities to integrate environmental justice
considerations and strengthen civil rights compliance in their planning,
guidance, policy directives, monitoring, and review activities.
FY 2022
Target
FY 2023
Target
15
30
(PM EJCR13) Percentage of EPA regions and national programs that have
established clear implementation plans for Goal 2 commitments relative to
their policies, programs, and activities and made such available to external
partners.
FY 2022
Target
FY 2023
Target
100
(PM EJCR14) Percentage of EPA programs and regions that have
implemented program and region-specific language assistance plans.
FY 2022
Target
FY 2023
Target
30
60
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(PM EJCR15) Percentage of EPA programs and regions that have
implemented program and region-specific disability access plans.
FY 2022
Target
FY 2023
Target
60
(PM EJCR16) Number of proactive post-award civil rights compliance
reviews initiated to address discrimination issues in environmentally
overburdened and underserved communities.
FY 2022
Target
FY 2023
Target
3
6
(PM EJCR17) Number of audits completed to ensure EPA financial
assistance recipients are complying with federal civil rights laws.
FY 2022
Target
FY 2023
Target
25
75
(PM EJCR18) Number of information sharing sessions and outreach and
technical assistance events held with overburdened and underserved
communities and environmental justice advocacy groups on civil rights and
environmental justice issues.
FY 2022
Target
FY 2023
Target
8
12
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$883.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
(+$15,781.0 / +67.5 FTE) This program change is an increase in order to increase staffing
and capacity in the External Civil Rights Compliance Office, to enforce the Nation's civil
rights laws and to work toward the goal of achieving measurable environmental, public
health, and quality of life improvements in the most overburdened, vulnerable, and
underserved communities. This investment will support activities including investigations
into claims of discrimination in communities and pre-award and post-award compliance
activities. This investment includes $12,329 million in payroll.
Statutory Authority:
Title VI of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972;
Rehabilitation Act of 1973 § 504; the Age Discrimination Act of 1975, and Federal Water Pollution
Control Act Amendments of 1972 § 13; Title VII of the Civil Rights Act of 1964; Equal Pay Act
of 1963; Rehabilitation Act of 1973 §§ 501, 504, 505, 508; Americans with Disabilities Act of
1990; ADA Amendments Act of 2008; Age Discrimination in Employment Act (ADEA) of 1967;
and Genetic Information Nondiscrimination Act (GINA).
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Integrated Environmental Strategies
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Tackle the Climate Crisis
Objective(s): Accelerate Resilience and Adaptation to Climate Change Impacts
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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Total Budget Authority
$9,614
$9,475
$40,912
$31,437
Total Workyears
46.4
48.5
76.5
28.0
Program Project Description:
The Integrated Environmental Strategies (IES) Program advances the Agency's mission of
protecting human health and the environment by focusing on cross-media environmental concerns.
The IES Program provides tools, training, advice, and resources to help EPA work as a more
effective organization. Nationally, IES is focused on: 1) supporting streamlining automation,
oversight, and integration of EJ and climate in environmental permitting; 2) working with
industrial sectors to identify and develop sensible approaches to better protect the environment and
public health; 3) collaborating with partners, including federal, state, municipalities, communities,
businesses, and other stakeholders, to implement locally-led, community-driven approaches to
environmental protection through technical assistance, policy analysis, and training; and 4)
partnering with other federal agencies, states, territories, tribes, local governments, businesses, and
others to increase the resilience of the Nation to the impacts of climate change.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.2, Accelerate Resilience and
Adaptation to Climate Change Impacts in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA requests an investment of $31.4 million and 28.0 FTE for the IES Program. The
Program will focus on four major areas, each presenting unique opportunities to improve delivery
of environmental protection across multiple media and stakeholders. These four areas include
permitting strategies, sector strategies, climate adaptation and resilience, and community-driven
environmental protection.
Permitting Strategies
One way that EPA implements its statutory authority is through various permitting programs. In
FY 2023, the Agency will continue to focus on working across EPA program and regional offices
and with state and tribal co-regulators to support coordination, streamlining, oversight, automation,
and the integration of environmental justice (EJ) and climate change for environmental permitting.
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EPA will work to transition EPA's major permitting programs from paper processes to electronic
processes through the automation of permit application, review, and issuance processes. Expected
benefits include reduced processing time on issuing permits, decreased time between receiving
monitoring data and engaging in enforcement actions, and increased transparency by allowing
communities to search, track, and access permitting actions easily. Permit automation will better
enable the integration of climate change and EJ considerations into permit processes and ensure
that they are addressed within the terms and conditions of the permit. For the regulated community,
permit automation will allow for a simplified, streamlined, and transparent permitting process,
which will result in both time and cost savings.
With a renewed focus on more effective integration of EJ and climate change considerations within
the Agency's several decentralized permitting programs, EPA will continue to play a leading role
coordinating efforts aligned with the Administration's priorities. In FY 2023, EPA will ensure
continued oversight, coordination, and support of the goals of both established authorities and new
priorities that include:
1) Working directly with EPA's regional permitting programs to coordinate permit support
for major infrastructure projects, including carbon capture/use/sequestration and renewable
energy projects requiring a permit.
2) Supporting EPA's permitting programs to integrate EJ and climate change analysis into
permit development by establishing policy, guidance, and tools for consistency and
building permit writers' proficiencies in EJ and climate resilience/adaptation/mitigation.
3) Supporting EPA oversight, permit quality, permit timelines, and permit program integrity
of delegated state/local permitting programs.
4) Ensuring the documentation of best practices and addressing cross-cutting permitting and
policy issues (e.g., Endangered Species Act and National Historic Preservation Act
coordination); and, in partnership with other federal agencies, state and tribal permitting
offices, continuing to streamline and gain efficiencies in the review of all permits.
5) Leading the expansion of a successfully piloted e-permitting application tool to other
permitting program areas. The Program's vision entails working across the entire Agency
on the development and implementation of an electronic permit platform for reviewing,
preparing, processing, and issuing permits as well as monitoring compliance.
Smart Sectors
EPA's Smart Sectors Program (SSP) provides a platform for the Agency to collaborate with
industry to develop innovative approaches to protect the environment and public health from a
multi-media perspective. SSP serves as a hub for understanding and addressing sector specific
environmental challenges and opportunities, facilitating dialogue with industry representatives and
other stakeholders, and managing a network of SSPs in all 10 EPA regions. The Program will
continue serving a liaison function to connect, convene, and facilitate discussions among agency
experts and business leaders to address discrete issues unique to each sector and help that sector
drive improvements that serve the Agency's greater mission of protecting human health and the
environment.
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In FY 2023, SSP will focus activities in three areas: broad multi-stakeholder engagement, cross-
agency coordination, and policy and program initiatives as they relate to industry sectors. Multi-
stakeholder engagements will provide a platform for working with industry trade associations and
leading companies, as well as other stakeholders on key issues such as climate change, EJ, and
infrastructure. These other stakeholders include non-governmental organizations, organized
labor, the academic community, state/local governments, and overburdened and vulnerable
communities with EJ concerns, as appropriate. The Program will coordinate and/or lead cross-
agency, sector-based projects and activities to address the Administration's priorities, including
tackling climate change, delivering EJ, and securing environmentally responsible and resilient
supply chains.
Community-Driven Environmental Protection
The IES Program delivers technical assistance, training, and tools to economically distressed
communities and coordinates the Agency's work with communities to increase efficiency,
effectiveness, and accountability. In FY 2021, the Program delivered direct technical assistance to
more than 35 communities. In FY 2022, the Program is developing new technical assistance
approaches specifically focused on helping communities disproportionately impacted by the
COVID-related economic downturn, attracting private investment, growing in more resilient
ways, and rebuilding in a way that also improves environmental and human health outcomes. In
FY 2023, EPA will deploy the tools, expertise, and technical assistance, that were piloted and
deployed in FY 2022. These resources will continue to strengthen EPA's efforts to leverage public
and private sector investments in support of improved economic development and environmental
outcomes.
In FY 2023, the Program will continue to lead, along with the new Office of Environmental Justice,
the application of community-driven solutions to local environmental challenges, focusing on the
Administration's priorities, such as leveraging private investment and aligning federal investments
to maximize benefits to vulnerable and underserved communities. Technical assistance and
training are the cornerstones of EPA's cooperative approach to addressing environmental
challenges in communities, particularly communities that are economically distressed. In FY 2023,
the Program will continue to prioritize technical assistance, capacity building and training, with
the objective of helping communities as well as tribal, state, and local governments increase their
capacity to protect the environment while growing their economies, creating jobs, using public and
private sector investments and other resources more efficiently, and promoting more equitable
approaches to development. Where appropriate, EPA will partner with other agencies to help
achieve locally led, community-driven approaches to protecting air, land, and water, while at the
same time supporting equitable economic revitalization.
In FY 2023, the Program will continue analyses on emerging trends, innovative practices, and
tools that support equity, climate resilience, Greenhouse Gas (GHG) reduction, and clean air, land,
and water outcomes. EPA will continue to develop tools to help interested communities
incorporate innovative, equitable approaches to infrastructure and land development policies. This
assistance helps deliver on multiple economic, community, and human health goals embedded in
EPA's core mission, including managing stormwater, improving local air and water quality,
cleaning up and reusing previously developed sites, and supporting revitalization and
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redevelopment in economically distressed communities to create economic opportunities while
reducing GHG emissions and protecting the environment.
Climate Adaptation Program
EPA is committed to identifying and responding to the challenges that a changing climate pose to
human health and the environment. The goal of the Climate Adaptation Program is to ensure the
Agency continues to fulfill its mission of protecting human health and the environment even as
the climate changes and disruptive impacts increase.
In FY 2023, the Program will focus on integrating climate adaptation into EPA's programs and
regions, policies, rules, financial mechanisms, and operations to ensure they are effective even as
the climate changes, while the Agency also works to reduce GHG emissions. The Program will
guide implementation of the 2021 EPA Climate Adaptation Action Plan, including advising and
monitoring progress made by EPA National Program Offices and Regional Offices in integrating
climate adaptation into their work. The Program will report on progress made using performance
measures and targets identified in program and regional office Implementation Plans. Managers
and staff at EPA will be trained on how to integrate climate adaptation into their work.
In FY 2023, the Program will develop decision-support tools and technical assistance to improve
the effectiveness of decisions sensitive to climate change and related EJ considerations. These
tools will empower EPA staff and their partners to consider climate, as well as changes in social
and economic conditions that are influenced by climate change, and to identify strategies that will
yield co-benefits. Such co-benefits include reductions in GHGs and other pollutants, improved
public health, economic growth and job creation benefits, and national security and EJ benefits
that will be central to building a more resilient future.
In FY 2023, the Program will strengthen the adaptive capacity of states, tribes, territories, local
governments, EJ organizations, community groups, and businesses, with a particular focus on
advancing EJ, by increasing the number EPA has assisted, through grants or technical assistance
to 1) develop or update their climate resilience/adaptation plans, and/or 2) implement an action to
anticipate, prepare for, and adapt to climate change. Particular attention will be given to ensuring
that the outcomes of investments made with funds from the Infrastructure Investment and Job Act
will be resilient to the impacts of climate change, as well as support climate mitigation goals. The
Agency's partners share responsibility for protecting human health and the environment, and
partnerships with EPA are at the heart of the Nation's environmental-protection system.
The desire is to empower communities and tribes across the Nation to manage the risks of climate
change as we strive to attain the Agency's mission. The Program will produce and deliver training,
tools, technical assistance, financial incentives, and information, so our partners can adapt to and
increase resilience to climate change. The Program also will support federally recognized tribes in
incorporating climate adaptation into at least one program supported by an EPA grant.
Lastly, EPA will provide financial incentives through grant programs to support climate-resilient
investments in communities across the Nation. Certain parts of the population, such
as communities of color, low-income communities, children, the elderly, tribes and indigenous
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people, and small rural communities, can be especially vulnerable to the impacts of climate change.
To that end, the Program will engage the most overburdened and vulnerable communities to
improve their capacity to anticipate, prepare for, and adapt to or recover from climate change
impacts.
Performance Measure Targets:
(PM AD07) Number of priority actions completed in EPA's Climate
Adaptation Action Plan and Program and Regional Implementation Plans.
FY 2022
Target
FY 2023
Target
100
100
(PM AD08) Number of EPA national program offices that have developed
adaptation training for programs and staff.
FY 2022
Target
FY 2023
Target
4
10
(PM AD09) Cumulative number of federally recognized tribes assisted by
EPA to take action to anticipate, prepare for, adapt to, or recover from the
impacts of climate change.
FY 2022
Target
FY 2023
Target
100
150
(PM AD10) Cumulative number of states, territories, local governments,
and communities (i.e., EPA partners) assisted by EPA to take action to
anticipate, prepare for, adapt to, or recover from the impacts of climate
change.
FY 2022
Target
FY 2023
Target
250
300
(PM AD11) Number of tribal, state, regional, and/or territorial versions of
the Climate Change Adaptation Resource Center (ARC-X) or similar
systems developed by universities with EPA support.
FY 2022
Target
FY 2023
Target
3
6
(PM AD12) Hours of appropriate subject matter expert time provided by
EPA to help communities adapt to climate impacts, build long-term
resilience, and support the most underserved and vulnerable communities
after federally declared disasters.
FY 2022
Target
FY 2023
Target
No Target
Established
No Target
Established
(PM PAT) Percentage of EPA permitting processes automated.
FY 2022
Target
FY 2023
Target
10
(PM COl) Percentage of technical assistance projects in support of
environmentally sustainable and community-driven revitalization that
support or expand upon previous or ongoing federal investments.
FY 2022
Target
FY 2023
Target
TBD
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$289.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
(+$2,888.0 / +6.0 FTE) This program change is an increase to support the coordination,
streamlining, oversight, automation, and integration of EJ and climate change into
environmental permitting. This investment includes $1.1 million in payroll.
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(+$19,985.0 / +12.0 FTE) This program change is an increase provided for Climate
Adaptation to strengthen the adaptive capacity of states, tribes, territories, local
governments, communities, and businesses. This investment includes $2.18 million in
payroll.
(+$8,275.0 / +10.0 FTE) This program change is an increase to support core program
capacity that is central to the Agency's mission. These resources will build the program by
addressing the Administration's priorities, adhering to the goals of the FY 2022 - 2026
EPA Strategic Plan, with attention to the urgency of climate change. This investment
includes $1.8 million in payroll.
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); National Environmental Policy Act; CAA §
309; Endangered Species Act; National Historic Preservation Act; Archaeological and Historic
Preservation Act; Fishery Conservation and Management Act; Fish and Wildlife Coordination Act;
and Title 41 of the Fixing America's Surface Transportation Act.
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Legal Advice: Environmental Program
Program Area: Legal / Science / Regulatory / Economic Review
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S.\\ ~00
S-/V.5V5
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Hazardous Substance Superfund
$1,161
$443
$461
$18
Total Budget Authority
$56,862
$50,038
$77,316
$27,278
Total Workyears
257.6
263.9
316.5
52.6
Total workyears in FY 2023 include 8.8 FTE funded by TSCA fees and 17.1 FTE to support Legal Advice working capital fund
(WCF) services.
Program Project Description:
The Legal Advice: Environmental Program provides legal representational services, legal
counseling, and legal support for all the Agency's environmental activities. The legal support
provided by this program is essential to the Agency's core mission. The personnel assigned to this
program represent essential expertise in the critical fields that EPA relies on for all decisions and
activities in furtherance of its mission: to protect human health and the environment.
The Program provides legal counsel on every major action the Agency takes. It plays a central role
in all statutory and regulatory interpretation of new and existing rules, as well as rule and guidance
development under EPA's environmental authorities. The Program also provides essential legal
advice for every petition response, judicial response, and emergency response. When the Agency
acts to protect the public from pollutants or health-threatening chemicals in the air we breathe, in
the water we drink, or in the food we eat, the Program provides counsel on the Agency' s authority to
take that action. The Program then provides the advice and support necessary to finalize and
implement that action. When that action is challenged in court, the Program defends it, in
coordination with the Department of Justice (DOJ). The Program also supports EPA's National
Freedom of Information Act (FOIA) Office, as part of the legal services activity within the
Agency's Working Capital Fund.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an investment of 52.6 FTE and $27.3 million to strengthen and
assist EPA's environmental programs in tackling the climate crisis; advancing environmental
justice; responding to coal combustion residuals (CCR) actions and rulemakings and emerging
issues like per- and polyfluoroalkyl substances (PFAS); supporting Toxic Substances and Control
Act (TSCA) implementation; and enhancing transparency. During the past several years EPA's
Office of General Counsel's (OGC) workload continues to significantly outpace staffing resources
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The Program also will work on vital new Administration priorities including regulatory changes,
climate, and environmental justice and will continue to provide legal representation injudicial and
administrative litigation. The Program also will provide counseling outside of the litigation context
in the highest priority issues arising under all the environmental statutes administered by EPA.
In FY 2023, the Agency will continue to focus on its core mission to apply the most effective
approaches by implementing EPA's environmental programs under the Comprehensive
Environmental Response, Compensation & Liability Act, Resource Conservation and Recovery
Act, Clean Air Act, Clean Water Act, Toxic Substances and Control Act, Federal Insecticide
Fungicide and Rodenticide Act, Food Quality Protection Act, Safe Drinking Water Act, and other
authorities. This strategy will help ensure that human health and the environment are protected,
including clean air, water, and land, and safe chemicals and pesticides.
EPA also will continue to strengthen its implementation of FOIA to enhance transparency, build
public trust in Agency actions, and support public participation by working to achieve the FY2022-
2026 EPA Strategic Plan long-term performance goal to eliminate the backlog of overdue FOIA
responses.
Finally, the Program includes the OGC Ethics Program which bolsters all of the principles
articulated in the FY 2022-2026 EPA Strategic Plan. Public trust in the integrity of EPA's scientific
and legal efforts necessarily depends upon all EPA employees faithfully carrying out their official
duties ethically and impartially.
Legal counseling resources continue to be in high demand to support the Agency's response to
states seeking assistance developing or implementing environmental programs, industrial facilities
seeking permits to allow them to undertake new economic activity or continue existing activity,
and citizens seeking actions to protect local environmental quality, among other things. The
Program will prioritize resources after supporting judicial and administrative litigation to counsel
agency clients on these matters.
The following are examples of recent accomplishments and work being completed to illustrate this
program's role in implementing the Agency's core mission:
EPA's Water Law Office (WLO) has provided critical legal support for implementing
Executive Order 13990, Executive Order on Protecting Public Health and the Environment
and Restoring Science to Tackle the Climate Crisis167 (86 Fed. Reg. 7037 January 25, 2021-
EO 13990), under which EPA and the Army Corps of Engineers reviewed, reconsidered,
and decided to undertake rulemaking to replace the previous Administration's definition
of "waters of the United States" under the Clean Water Act. WLO expects to continue its
work on legal issues associated with this agency priority in FY 2023, including supporting
the Solicitor General's Office in addressing the Sackett petition in the Supreme Court.
Additionally, WLO also has provided critical legal support for the decision to reconsider
and revise the Agency's 2020 rule implementing CWA section 401.
167 For more information, please see: https://www.whitehouse.gov/briefiiig-room/presidential-actioiis/2021/01/20/executive-
order-protecting-public-health-and-environment-and-restoring-science-to-tackle-climate-crisis/.
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EPA's Pesticides and Toxic Substances Law Office (PTSLO) continues to provide critical
legal advice in support of EPA's implementation of the Frank R. Lautenberg Chemical
Safety for the 21st Century Act, which modernized and substantially overhauled the
TSCA. PTSLO also provides substantial support to the Office of Pesticide Programs in its
activities related to the operation of a national licensing program for pesticides sold and
used in the United States, which involves the issuance of hundreds of reviewable final
agency actions each year, including the grant of new pesticide registrations; amendments
to existing pesticide registrations; new or amended tolerance regulations authorizing the
presence of specific levels of pesticide residues on food sold in the United States;
determinations related to the statutorily-mandated review of all existing pesticide
registrations; state special local needs registrations; and emergency exemptions from the
requirements of the pesticide statute.
EPA's Air and Radiation Law Office (ARLO) has played a key role in implementing the
American Innovation and Manufacturing (AIM) Act. ARLO attorneys played a critical role
in helping EPA propose and finalize its first set of regulations implementing the AIM Act,
which Congress passed in December of 2020. This law requires the phase down of
Hydrofluorocarbons (HFCs), a potent class of greenhouse gases. ARLO also has played a
key role in developing a rulemaking to regulate emissions from the oil & natural gas
industry under Clean Air Act section 111, which requires EPA to regulate emissions from
source categories that endanger public health or welfare as well as defending EPA's
authority to effectively regulate greenhouse gas emissions from the power sector under
Clean Air Act section 111. Additionally, ARLO played a key role in a number of recent
actions to reduce greenhouse gas emissions from vehicles and will work closely with the
Department of Justice to defend the recent light duty vehicle and aircraft greenhouse gas
actions.
EPA's Solid Waste and Emergency Response Law Office (SWERLO) provided critical
legal advice on multiple EPA actions to protect communities and hold facilities
accountable for controlling and cleaning up the contamination created by decades of coal
ash disposal, which can pollute waterways, groundwater, drinking water, and the air. The
actions advance the Agency's commitment to protecting groundwater from coal ash
contamination and include: 1) proposing decisions on requests for extensions to the current
deadline for initiating closure of unlined Coal Combustion Residuals (CCR) surface
impoundments; 2) putting several facilities on notice regarding their obligations to comply
with CCR regulations; and 3) laying out plans for future regulatory actions to ensure coal
ash impoundments meet strong environmental and safety standards. SWERLO served as
the Agency lead in D.C. Circuit litigation, including a challenge to the CCR Part A rule
and a separate challenge to the approval of the Oklahoma CCR state program. SWERLO
provided a significant amount of critical legal advice on a top Administration priority of
addressing PFAS contamination. Additionally, SWERLO represented EPA's interests in
the development of the U.S. litigating position in defensive litigation related to PFAS
contamination at military bases.
EPA's Cross-Cutting Issues Law Office (CCILO) is providing specialized legal and tactical
expertise in legal counseling on a range of administrative law matters related to
405
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implementing the President's agenda, including reviewing, revising, and rescinding rules
and guidance issued under the prior Administration. CCILO also has provided critical legal
support to advance the Administration's Environmental Justice goal. CCILO provided
critical legal support to the Council on Environmental Quality (CEQ) to set up the White
House Environmental Justice Advisory Counsel, and counsel on paperwork reduction
issues to allow CEQ to adopt EPA's Paperwork Reduction Act for the Climate and
Environmental Justice Screening Tool. CCILO also led the offer to update EJ Legal Tools
to incorporate new and revised environmental and civil rights statutes to advance
environmental justice. Finally, CCILO continues to support the Administration's
Memorandum on Tribal engagement in a variety of contexts, including in the context of
addressing the inequity to Oklahoma tribes created by the SAFETEA decision.
EPA's National Freedom of Information Office (NFO) provided legal advice and support
to the agencywide FOIA Program by reducing more than 24 percent of EPA's backlog of
overdue FOIA responses during FY 2021, down to 1,056 from 1,395 at the start of the
fiscal year; undertook the initial review, and assignment of 6,531 FOIA requests; processed
253 applications for expedited response; and processed 974 applications for fee waivers.
NFO also processed and closed more than 1,756 FOIA requests and issued new
agencywide FOIA Policy and FOIA Procedures.
The Ethics Office is solely responsible for assigning, reviewing, and certifying public
financial disclosure reports and periodic transaction reports. These reports are due in
quarter 3 of the fiscal year, and the OGC Ethics Program received more than 730
reports. Of these, 98 percent were reviewed on time and 96 percent were certified on time.
EPA's Ethics Program remains committed to the continuous improvement of
accountability in its programs and employee compliance with ethics laws and regulations.
Performance Measure Targets:
(PM F02) Number of FOIA responses in backlog.
FY 2022
FY 2023
Target
Target
845
634
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$9,431.0) 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.
(+$14,098.0 / +37.6 FTE) This program change addresses a need for increased defensive
litigation work in multiple environmental statutes, legal work in pesticides and toxics, and
legal support for emerging issues like PFAS. This investment provides additional funding
for essential core workforce support costs and includes $8,726 million in payroll. These
additional resources also will assist EPA in tackling the climate crisis and securing
environmental justice.
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(+$3,485.0 / +14.0 FTE) This program change is an increase for legal counseling and
support for CCR actions and rulemakings. This investment includes $3,249 million in
payroll.
(+$246.0 / +1.0 FTE) This program change is an increase for legal support for TSCA
implementation. This investment includes $232.0 thousand in payroll.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute).
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Legal Advice: Support Program
Program Area: Legal / Science / Regulatory / Economic Review
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
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Total Budget Authority
$16,645
$15,865
$18,892
$3,027
Total Workyears
80.2
89.2
89.2
0.0
Total workyears in FY 2023 include 5.6 FTE funded by TSCA fees.
Program Project Description:
The Legal Advice: Support Program provides legal representational services, legal counseling, and
legal support for all activities necessary for EPA's operations. The Program provides legal counsel
and support on a wide variety of issues and plays an important role in meeting and addressing legal
support for work under the Civil Rights Statutes, contracts, grants, employment law, and Freedom
of Information Act (FOIA) requirements. It provides critical counseling on a range of Information
Law, Employment and Labor Law, Intellectual Property Law, Appropriations and National
Security Law matters. With enhanced FOIA implementation, community consultations and other
public participation opportunities, the beneficiaries of environmental protection - the American
people including environmental justice (EJ) communities - will be able to engage more
meaningfully through their communities, local governments, and state and tribal governments.
For example, if an EPA program office needs guidance on the legal parameters around giving
grants, how to respond to a FOIA request, whether it may spend money on a certain activity, or
what to do when a tort claim is filed with the Agency, this program provides answers, options, and
legal advice. Additionally, the Program provides comprehensive advice on civil rights issues
including equal protection. The Program provides counsel and advice for settlement on Equal
Employment Opportunity mediations and counsels on a range of sensitive and complex national
security law matters. The Program also supports EPA in maintaining high professional standards
and in complying with all laws and policies that govern the Agency's operations.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY2022 - 2026EPA Strategic Plan.
In FY 2023, the Agency requests an investment of $3.0 million to strengthen EPA's Legal Advice:
Support Program. In FY 2023, EPA will continue to address and manage information requests,
legal support for work under the Civil Rights Statutes, and employment law. There also is an
ongoing need for a high level of involvement in questions related to contracts, ethics, grants,
finance, appropriations, and employment.
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The resources in this program are critical to maintain basic legal services for EPA. During the past
several years, the Legal Advice: Support Program workload has outpaced staffing resources.
Defending lawsuits on matters ranging from FOIA to torts to contracts to employment law is vital
to ensure the Agency continues to be responsive to the public. The Agency's focus on responding
to our significant FOIA workload and increasing our responsiveness to requesters has
correspondingly increased the work of the FOIA attorneys. EPA's Federal Tort Claim Act
portfolio also has increased with incredibly complex, billion-dollar cases such as Flint and Gold
King Mine, which require significant resources. Further, the Civil Rights lawyers have a critical
role to play in "Affirmatively advancing equity, civil rights, racial justice, and equal opportunity",
pursuant to Executive Order 13985 (January 21, 2021).168
The following are examples of FY 2021 accomplishments:
Provided ongoing agencywide legal support to address questions regarding the use of
appropriated funds in unusual remote work environments due to the COVID-19 global
pandemic, including the use of appropriated funds for vaccines and associated travel issues.
Provided critical employment law advice and assistance in navigating a series of COVID
related issues. This legal support also included providing extensive counsel to the Office
of Grants and Debarment in updating guidance to agency programs in providing
administrative relief to financial assistance recipients impacted by the COVID-19
response. The Office of Grants and Debarment (OGD) guidance was in furtherance of
governmentwide administrative relief authorized by OMB and more specific EPA
programmatic relief extended to recipients on a case-by-case basis. The Agency's primary
guidance took the form of internal and external FAQs in addition to consultation to respond
to specific questions raised by recipients across the country.
Provided critical legal counsel and assistance to the Water Infrastructure Finance and
Innovation Act of 2014 (WIFIA) Program by providing legal sufficiency review and
concurrence for all loans in the WIFIA Program.
Engaged in extensive and significant technical legislative drafting assistance for the
Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58). The proposed
legislation includes approximately $60 billion in proposed infrastructure funding for EPA
projects across the Nation. Technical legislative drafting assistance and legal counseling
on the scope of activities authorized in final legislation also was provided in support of the
American Rescue Plan Act of 2021169 which included $100 million in grant funding for
the Office of Air and Radiation and the Office of Environmental Justice to implement
assistance programs; Urban Waters; and EJ-related Clean Air Act authorities.
Created and beta tested training on how to promote diversity and comply with the Equal
Protection Clause in support of E.O. 13985. Beta testing is continuing into fiscal year 2022.
168 For additional information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-govemment/.
169 For additional information, please refer to: https://www.congress.gov/1.1.7/bills/hrl 31.9/BILLS-1.1.7hrl31.9enr.pdf.
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Engaged with EPA program offices' efforts to advance Diversity, Equity, Inclusion and
Accessibility (DEIA), as well as EJ by providing legal counsel, including risks assessments
and the identification of pragmatic solutions, designed to position these efforts to have
longevity. Also created and deployed multiple due process training sessions to explain the
legal framework and how operating within this legal terrain will make all DEIA and EJ
efforts sustainable. This diverse and varied work will continue into FY 2023.
Provided essential counseling on employment and labor law matters associated with the
Administration's transition; other employment law matters, including Equal Employment
Opportunity mediations; a range of sensitive and complex national security law matters;
and key confidential business information issues, including several rulemakings.
Significantly furthered EPA's duties under the Toxic Substances Control Act (TSCA) by
completing almost 2,400 Confidential Business Information (CBI) determinations on
claims submitted in FY 2021.
Defended the Agency in more than 60 Freedom of Information Act (FOIA) cases and more
than 70 employment law matters. Completed 149 FOIA administrative appeals, eliminating
the Agency's appeals backlog.
Litigated and successfully resolved information law and employment law cases. Trained
hundreds of management officials throughout the Agency on employment laws.
Performance Measure Targets:
Work under this program supports performance results in the Legal Advice: Environmental
Program under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$2,388.0) 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.
(+$639.0) This program change is an increase to support Legal Advice: Support Program
projects, with a priority for work related to defending the increase in litigation, addressing
civil rights issues including External Civil Rights and equal protection, advising on FOIA
requests, and ensuring the agencies work in contracts, grants, and appropriations is handled
in accordance with the law.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute).
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Regional Science and Technology
Program Area: Legal / Science / Regulatory / Economic Review
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
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Budget v.
FY 2022 Annualized
CR
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Total Budget Authority
$466
$638
$4,923
$4,285
Total Workyears
0.5
1.7
6.7
5.0
Program Project Description:
EPA's Regional Science and Technology (RS&T) Program provides direct support to multiple
programs for the Agency including implementing the Resource Conservation and Recovery Act
(RCRA); Toxic Substances Control Act (TSCA); Clean Water Act (CWA); Safe Drinking Water
Act (SDWA); Clean Air Act (CAA); and Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA). The RS&T Program supports the Agency's strategic goals by
performing laboratory analysis, and mobile laboratory services to provide credible scientific data
on environmental pollutants and conditions to Agency decision makers. The RS&T Program also
assists state environmental agencies by providing specialized technical assistance including
assistance to tribal communities to help build tribal capacity for environmental monitoring and
assessment.
The RS&T Program provides essential expertise and scientific data for a wide array of
environmental media, including ambient air; surface, drinking, and ground water; soil and
sediment; solid and hazardous waste; and biological tissue. This work focuses on the immediate
scientific information needed to make short-term local decisions. A strategic strength of the
Regional Laboratory Network (RLN) is its ability to respond to events requiring surge capacity.
In the event of an emergency or large-scale project, regional laboratories work together to leverage
the strengths and capacities of individual lab facilities and deploy mobile laboratory services where
needed.
Extreme weather events often disproportionally affect vulnerable populations including fence line
communities most closely adjacent to chemical facilities. As extreme weather events increase in
frequency, the public expectation for a rapid and effective response will continue to grow over
time. These events often require assistance from the regional laboratory network for quick
turnaround sample analyses as well as technical support. When extreme weather events occur,
local area laboratories can become overwhelmed. For example, the response to winter storm Uri
in 2021 required Region 4 and Region 7 to play a critical role in support of urgent analytical results
needed in Region 6 to assist communities whose drinking water was threatened.170
170For more information please see: fattps://www.epa.gov/scieiiceiiiatters/epa-deplovs-iiiobile-labs-work.-texas-restore-driiik.iiig-
water-systems.
411
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The RS&T Program provides support for areas such as environmental biology, microbiology,
chemistry, field sampling, enforcement and criminal investigations, and quality assurance, as well
as support for special or non-routine analytical requests that EPA cannot readily obtain from other
sources within required timeframes. Funding for scientific equipment under this program is
essential for maintaining high level capabilities in EPA regional laboratories. New and improved
technology strengthens science-based decision-making for regulatory efforts, environmental
assessment of contaminants, and development of critical and timely environmental data in
response to accidents and natural or man-made disasters. As technology improves, the sensitivity
of equipment advances to detect lower levels of contaminants. Newer, more advanced
instrumentation improves environmental data collection and laboratory analytical capability.
FY 2023 Activities and Performance Plan:
Work in this Program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022-2026 EPA Strategic Plan.
In FY 2023, resources will continue to support regional implementation of the Agency's statutory
mandates through fixed and mobile laboratory operations for environmental sampling, monitoring
and enforcement compliance support. Resources improve timely decision-making in regional
program management and implementation of regulatory work across all media and enable the
Agency to address environmental issues specific to geographic areas (e.g., energy extraction,
mining, wood treating operations, specialty manufacturing), natural disasters (e.g., Winter Storm
Uri), and homeland security threats.
In FY 2023, regional laboratories will continue to coordinate within the Regional Laboratory
Network to provide needed expert analytical services. The regional laboratories have the capability
to analyze a full suite of contaminants using an array of established methods, including regulatory
or guidance methods such as the RCRA, CWA and SDWA methods. Laboratories also utilize new
methods based on immediate needs or circumstances. These efforts help support the underserved
communities that benefit from response times for both routine and enforcement sample analyses
related to brownfield sites in urban areas where legacy contamination persists. Since brownfield
sites tend to be in densely developed, centralized locations, redevelopment in these areas lead to
multiple positive outcomes in urban communities including reducing exposure to toxic chemicals,
increased access to green space and reducing vehicle miles driven due to more efficient home/work
travel patterns.171
In FY 2023, a new investment will provide for replacement and upgrading of aging analytical
equipment and modernization of associated critical IT infrastructure. This will support the risk
identification and assessment associated with pesticides, organic chemicals, and other high-risk
chemicals, as well as support the Agency's science priorities related to informing communities at
risk from increasing challenges from climate change, chemical exposures, and aging infrastructure.
The Agency's mission to protect human health and the environment often requires the availability
of scientific data at lower detection levels, which requires specialized equipment. Almost all
171 For mor information please see: https://www.epa.gov/browafields/browiifLelds-program-enviromnental-and-economic-
benefits.
412
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scientific instrumentation is computer-controlled or interfaced. As computer technology improves,
instrument efficiencies and sensitivity also improve - these advances in technology leading to
lower detection levels of contaminants are essential for some compounds where health-based risk
levels are decreasing (e.g., hexavalent chromium). When measuring for these compounds, the
instrument detection levels need to be as low as technically feasible, requiring laboratories to
modify an existing method, modify existing equipment, or purchase newer instrumentation.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$40.0) 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.
(+$503.0) This increase will be used to support regional implementation of the Agency's
statutory mandates through fixed and mobile laboratory operations for environmental
sampling, monitoring and enforcement compliance support
(+$3,742.0 / +5.0 FTE) This new investment will be used to replace and upgrade aging
analytical equipment and modernize associated critical IT infrastructure necessary to meet
increasing demands for immediate scientific information needed to make short-term local
decisions. This investment includes $792.0 thousand in payroll.
Statutory Authorities:
Resource Conservation and Recovery Act (RCRA); Toxic Substances Control Act (TSCA); Clean
Water Act (CWA); Safe Drinking Water Act (SDWA); Clean Air Act (CAA); Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA); Pollution Prevention Act
(PPA); Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
413
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Regulatory/Economic-Management and Analysis
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Take Decisive Action to Advance Environmental Justice and Civil Rights
Objective(s): Embed Environmental Justice and Civil Rights into EPA's Programs, Policies, and
Activities
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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Total Budget Authority
$13,850
$12,421
$16,247
$3,826
Total Workyears
66.5
72.5
76.0
3.5
Program Project Description:
The Regulatory /Economic, Management, and Analysis Program is responsible for reviewing the
Agency's regulations to ensure that they are developed in accordance with the governing statutes,
executive orders, and Agency commitments and are based on sound technical, economic,
scientific, and policy assumptions. Further, the Program ensures consistent and appropriate
economic analysis of regulatory actions, conducts analyses of regulatory and non-regulatory
approaches, and considers interactions between regulations across different environmental media.
The Program provides all technical support to the Interagency Working Group on the Social Cost
of Greenhouse Gases (GHGs) to develop final SC-CO2, SC-N2O and SC-CH4 values required
under Executive Order (EO) 13990, Protecting Public Health and the Environment and Restoring
Science To Tackle the Climate Crisis1 The Program helps to implement the President's
Memorandum on Modernizing Regulatory Review112 and EO 13985 Advancing Racial Equity and
Support for Ihiderserved Communities Through the Federal Government173 by developing
appropriate modeling, data, and analysis to inform the consideration of environmental justice (EJ)
concerns in regulatory and non-regulatory actions. The Program ensures the Agency's regulations
comply with statutory and EO requirements, including the Congressional Review Act,174 the
Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness
Act),175 and EOs 12866, Regulatory Planning and Review116 and 13563, Improving Regulation
and Regulatory Review177 regarding the Office of Management and Budget (OMB) regulatory
172 For more information on the Memorandum Modernizing Regulatory Review, please see:
https://www.whitehouse.gov/briefing-rooiii/presidential-actions/2021/01/20/modemizing-regulatorv-review/.
173 For more information on EO 13985, please to see: https://www.federalregister.gov/documents/2021/01/25/2021-
01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-govemment.
174 For more information on the Congressional Review Act, please see Subtitle E: https://www.govinfo.gov/content/pkg/PLAW-
1.04publ1.21/pdf/PLA W - 104duM 1.21. .pdf.
175 For more information on the Regulatory Flexibility act, please see: https://www.govinFo.gov/content/pkg/STATUTE-
94/pdf/STATUTE-94-Pgl 1.64 .pdf. and as amended by the Small Business Regulatory Enforcement and Fairness Act, please see:
https: //www, go vinfo. gov/content/pkg/PL A W -1.04publ 121. /pdf/PL A W -1.04publ 1.21. .pdf.
176 For more information on EO 12866 Regulatory Planning and Review, please see https://www.archives.gov/files/federal-
register/executive-orders/pdf/12866.pdf.
177 For more information on EO 13563 Improving Regulation and Regulatory Review, please see:
https://obamawhitehouse.archives.gov/the-press-ofFice/2011/01/18/executive-order-13563-improving-regulation-and-regulatory-
review.
414
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review. The Program manages the development and deployment of EPA's economy-wide model
for analyzing the economic impacts of environmental regulations. The Program also includes the
Agency's Chief Statistical Official charged with implementing major elements of the Foundations
for Evidence Based Policy Act.178
FY 2023 Activities and Performance Plan:
Work in this program directly supports Strategic Goal 2/Objective 2.2, Embed Environmental
Justice and Civil Rights into EPA's Programs, Policies, and Activities in the FY 2022 - 2026 EPA
Strategic Plan.
The Program assists the Administrator and other senior agency leaders in implementing regulatory
policy priorities.
In FY 2023, EPA will continue its efforts to assess and review the benefits and costs to
communities, businesses, government entities, and the broader economy associated with each
economically significant regulatory action to maximize the net benefits of policies protecting
human health and the environment. EPA will conduct and integrate analysis of EJ concerns in the
rulemaking process to address the Administration's priorities. EPA will collect data and build
models to assess regulatory proposals and their impacts on benefits, economic performance, and
EJ. Planned key program activities in FY 2023 include:
Represent EPA on, and prepare information and analyses for, the Interagency Working
Group on the Social Cost of GHGs, engage the public, stakeholders, and experts to provide
recommendations for reviewing, and, as appropriate, updating, the social cost of carbon
(SC-CO2), social cost of nitrous oxide (SC-N2O), and social cost of methane (SC-CH4) to
ensure that these costs are based on the best available economics and science.
Represent EPA in recommending improvements to modernize the regulatory review
process to promote policies that reflect new developments in scientific and economic
understanding, fully accounts for regulatory benefits that are difficult or impossible to
quantify and does not have harmful anti-regulatory or deregulatory effects. Develop
procedures that consider the distributional consequences of regulations as part of any
quantitative or qualitative analysis of the benefits and costs of regulations, to ensure that
regulatory initiatives appropriately benefit and do not inappropriately burden underserved,
vulnerable, or marginalized communities across all life stages.
Support EPA's Chief Statistical Official, who will provide technical support for projects
under EPA's Learning Agenda, evaluation plan, and capacity assessment; design
statistically sound policy analyses and evaluations; assist in the continued development of
EPA's Learning Agenda; and promote a culture of evidence-based decision making.
Conduct training for EPA regulatory staff on a broad range of topics, including EPA's
internal Action Development Process, developing EJ analysis for rulemakings, updated
178 For more information, please see: https://www.congress. gov/1.1.5/plaws/publ435/PLAW-1.1.5publ435 .pdf.
415
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Guidelines for Preparing Economic Analyses, and Congressional Review Act requirements
to help ensure that rules meet policy goals and address legal and administrative
requirements and are informed by high quality EJ and economic analyses.
Expand analytic capabilities for conducting EJ analyses for rulemaking through
development of flexible analytic tools and novel datasets.
Implement EPA's updated EJ technical guidance, including new additions on addressing
how the EJ analysis can be used to inform policy options to address EJ implications of
rulemaking, and newer techniques and approaches to conducting EJ analyses.
Release an updated version of EPA 's Guidelines for Preparing Economic Analyses, revised
to incorporate updated analytic requirements and practices developed under the President's
Memorandum on Modernizing Regulatory Review179 and the recommendations from the
Science Advisory Board's peer review. The updated guidelines will help ensure that EPA's
economic analyses provide a complete accounting of the economic benefits, costs and
impacts of regulatory actions, including distributional consequences, and are consistent
across EPA programs.
Deploy a model of the U. S. economy so that EPA routinely assesses how regulations affect
the economy, including distributional impacts, costs, and broader macro-economic
performance. EPA will update the model consistent with recommendations from EPA's
Science Advisory Board, deploy the model in regulatory analyses where appropriate, and
continue the development of open-source data resources to support transparent analyses.
This model will provide critical evidence-based analyses to inform decision making.
Continue to manage EPA's response to recently issued EOs, particularly with an eye
toward identifying previous regulatory actions that are not consistent with current policies
and working to develop new actions that constructively advance current policy positions.
Review economic analyses prepared by EPA to ensure compliance with statutory and other
related requirements. Provide the Administrator and the public with high-quality analyses
of the costs, benefits, and impacts on jobs, businesses, and communities of major regulatory
proposals to better inform decision-making and ensure transparency about the
consequences of regulation.180
Apply the best modeling tools to assess the economic effects of approaches that reduce
climate pollution in every sector of the economy, deliver EJ, and spur well-paying union
jobs and economic growth, including methods designed to examine how alternative
regulatory options affect employment. Continue development of open-source data and
economic models, including sector-specific cost models, to support these efforts in a
manner that maximizes the transparency of these EPA analyses.
179 For more information, please see: https://www.whitehouse.gov/briefiiig-rooiii/presidential-actions/2021/01/20/modemiziiig-
regulatory-review/.
180 For more information, please see: https://www.epa.gov/environmental-economics/guidelines-preparing-economic-analyses.
416
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Continue development of a modeling platform capable of assessing the benefits of national
regulations that affect water quality. This effort will provide important evidence-based data
and analyses, consistent with economic science best practices, to inform decision making.
Strengthen available data and methods to estimate the monetized benefits of health
outcomes of chemical exposures, water pollution, and air pollution for use in EPA's benefit
cost analyses.
Continue to develop EPA's semiannual unified Regulatory Agenda and manage EPA's
compliance with the Congressional Review Act.181
Manage EPA's internal Action Development Process and expand and upgrade regulatory
planning and tracking tools to facilitate timely decisions and coordination across programs,
on multimedia regulatory and policy issues such as Per- and Polyfluoroalkyl Substances
(PFAS), climate, and EJ. Review all regulatory actions prior to signature by the EPA
Administrator to ensure Agency actions are of consistently high quality and supported with
strong analysis.
Serve as EPA's liaison with the Office of Information and Regulatory Affairs within OMB.
Serve as EPA's liaison with the Office of the Federal Register by reviewing, editing, and
submitting documents for publication, so that the public, states, other agencies, and
Congress are informed about EPA's regulatory activities in a timely manner.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$811.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
(+$2,356.0 / +2.0 FTE) This program change is an increase to support the Administration's
goal to tackle the climate crisis and ensures consistent and appropriate economic analysis
of regulatory actions including advancement of the Social Cost of Greenhouse Gases (SC-
GHG). The investment includes $363.0 thousand in payroll.
(+$659.0 / +1.5 FTE) This program change is an increase to support cross-agency
coordination, analysis, and review of regulatory activity across statutory programs. A
181 For more information on the Congressional Review Act, please see: https://www.govinfo.gov/content/pkg/PLAW-
104publl21/pdf/PLA W - KMpufat 1.21. .pdf.
417
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particular emphasis is to be placed on pending climate regulations. This investment
includes $273.0 thousand in payroll.
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).
418
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Science Advisory Board
Program Area: Legal / Science / Regulatory / Economic Review
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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Total Budget Authority
$3,422
$3,205
$3,981
$776
Total Workyears
16.1
18.7
18.7
0.0
Program Project Description:
EPA's Science Advisory Board Staff Office (SABSO) manages two Federal Advisory
Committees. Congress established the Agency's Science Advisory Board (SAB) in 1978, under
the Environmental Research, Development, and Demonstration Act, to advise the Administrator
on a wide range of highly visible and important scientific matters. The Clean Air Scientific
Advisory Committee (CASAC) was established under the Clean Air Act Amendments of 1977 to
provide independent advice to the EPA Administrator on the technical bases for EPA's National
Ambient Air Quality Standards (NAAQS). The SAB and the CASAC, both statutorily mandated
chartered Federal Advisory Committees, draw from a balanced range of non-EPA scientists and
technical specialists from academia, states, independent research institutions, and industry. The
Program provides management and technical support to these advisory committees. The
Committees provide EPA's Administrator independent advice and objective scientific peer review
on the technical aspects of environmental issues as well as the science used to establish criteria,
standards, regulations, and research planning, as requested.182
In FY 2021, the SAB produced three scientific peer reviews while CASAC was not active. In
March 2021, both the SAB and CASAC proceeded to reset membership (at the direction of the
Administrator) to ensure the Board and Committee returned to its original, transparent process,
and had adequate experts with the disciplines to align with the Agency's strategic priorities and
forthcoming work. The temporary suspension explains the decrease of completed peer reviews
from a combined 13 products the year prior, when the SAB produced two consultations and nine
scientific peer reviews, and the CASAC produced two scientific peer reviews.
Since SABSO provides an in-house resource for EPA peer reviews, the Program costs are low in
comparison to external peer review conducted by groups such as the National Academy of
Sciences (NAS). Furthermore, agency costs have been significantly lower for virtual meetings due
to the COVID-19 pandemic compared to face-to-face meetings.
182 For more information, please see: littp://www.epa.gov/sab/ and http://www.epa.gov/casac/.
419
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FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
Using the best available science and a credible, defensible, and transparent scientific process to
support sound regulatory actions is a cornerstone value of the EPA. SAB SO supports the EPA's
mission by conducting independent, scientific, public, peer reviews of some of the most
challenging regulatory and science-based topics facing EPA and America. In FY 2023, SAB SO
anticipates completing 14 to 16 peer reviews, consultations, and regulatory reviews in accordance
with the Biden Administration's science and policy agenda, commitment to scientific integrity,
environmental justice (EJ), and public transparency. In FY 2023, the CASAC is expecting
completing reviews of NAAQS for several critical pollutants. These reviews will include the
reconsideration of ozone as well as Nitrogen Oxides (NOx), Sulfur Oxides (SOx), Particulate
Matter (PM) secondary, and lead. The SAB will conduct peer reviews on the PFAS drinking water
standard, risk assessment models, climate science reports, economic analyses, EJ reports, and other
projects. In addition, SAB SO also expects to conduct four to seven regulatory reviews.
In FY 2022, the SABSO completed seating two new standing committees. The first is the
Environmental Justice Science Committee (EJSC), which will support the Agency's efforts to
decrease the environmental burdens and increase the environmental benefits of overburdened and
vulnerable communities through science-based decision making. The EJSC will review work done
by the Office of Research and Development (ORD) and Office of Policy. Work in this program
directly supports EPA Administrator Michael Regan's message "Our Commitment to
Environmental Justice" issued on April 7, 2021,183 in addition to supporting implementation of
Executive Order (EO) 13985,184 Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government, and EO 14008, Tackling the Climate Crisis at
Home and Abroad.1*5 The second new standing committee which SABSO created is the Climate
Science Committee (CSC). The CSC will mainly review work by EPA's ORD and Office of Air
and Radiation to support the new Strategic Goal 4, Ensure Clean and Healthy Air for all
Communities. In 2023, the EJSC and CSC expect to complete three climate and EJ risk analyses.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
183 For more information, please see: https://www.epa.gov/newsreleases/epa-admiiiistrator-regan-amiounces-new-iiiitiatives-
support-environmental-justice-and.
184 For more information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-govemment/.
185 For more information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-
order-on-tackling-the-climate-crisis-at-home-and-abroad/.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$193.0) 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.
(+$400.0) This program increase is for conducting peer reviews to support priority
rulemakings and analyses, including PFAS and several critical pollutants.
(+$183.0) This program increase will support with conducting climate andEJ risk analyses.
Statutory Authority:
Environmental Research, Development, and Demonstration Authorization Act (ERDDAA);
Federal Advisory Committee Act (FACA); and Clean Air Act (CAA).
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Operations and Administration
422
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Acquisition Management
Program Area: Operations and Administration
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S.W.02J
SJ 2,2-1'
S-10.0/ -
S
Leaking Underground Storage Tanks
$245
$132
$132
$0
Hazardous Substance Superfund
$23,380
$23,800
$32,345
$8,545
Total Budget Authority
$54,248
$56,179
$72,494
$16,315
Total Workyears
275.1
285.7
355.7
70.0
Program Project Description:
Environmental Programs and Management (EPM) resources in the Acquisition Management
Program support EPA's contract activities, which cover planning, awarding, and administering
contracts for the Agency. Efforts include issuing acquisition policy and interpreting acquisition
regulations; administering training for contracting and program acquisition personnel; providing
advice and oversight to regional procurement offices; and providing information technology (IT)
improvements for acquisition.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an investment of 35.0 FTE and approximately $7.8 million to
strengthen EPA's capacity to process new, increased, and existing award contract actions in a
timely manner; advance EPA utilization of small and disadvantaged businesses; support "Made in
America" initiatives; and support supply chain risk management activities for information and
communication technology. This program will continue to assist the Agency in its efforts to
process and award contract actions in a timely manner and in accordance with Federal Acquisition
Regulation (FAR) and guidance from the Office of Management and Budget (OMB) Office of
Federal Procurement Policy (OFPP). Timely and equitable procurement are crucial to EPA's
mission.
In FY 2023, EPA will continue to support the implementation of supply chain risk requirements
in Section 889 of the 2019 National Defense Authorization Act and the "Made in America Laws"
referenced in Executive Order 14005, Ensuring the Future Is Made in All of America by All of
America's Workers,186 while furthering Category Management implementation requirements. EPA
186 For additional information, please refer to: https://www.whitehouse.gov/briefiiig-room/presidential-
actions/2021/01/25/executive-order-on-ensuring-the-future-is-made-in-all-of-america-by-all-of-americas-'workers/.
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also will focus on establishing a comprehensive architecture for the Agency's supply chain as well
as mechanisms to identify and mitigate risk. EPA also will continue to identify activities and
resources to modernize the acquisition process that will allow the Agency to connect with a more
diverse business base to address inequities in the acquisition process and, thus, build domestic
markets and capabilities.
In FY 2023, EPA will continue working to eliminate barriers to full and equal participation in
agency procurement and contracting opportunities for all communities, including underserved
communities. The Agency will promote the equitable delivery of government benefits and
opportunities by making contracting and procurement opportunities available on an equal basis to
all eligible providers of goods and services. This work aims to increase the percentage of EPA
contract spend awarded to small businesses located in Historically Underutilized Business Zones
(HUBZones). EPA's acquisition equity assessment and related industry listening sessions
confirmed that small and disadvantaged businesses face unique challenges in accessing
procurement opportunities. These businesses often lack dedicated resources and in-house capacity
to master the myriad of complex federal requirements needed to capitalize on Agency acquisition
and financial assistance opportunities.
In FY 2023, in support of Administration climate sustainability initiatives, EPA will work with
applicable program offices to identify and prioritize procurement plans that spur innovation,
commercialization, and deployment of clean energy technologies.
EPA remains committed to leveraging Category Management, Spend Under Management (SUM),
Best-In-Class (BIC), and strategic sourcing principles in each of its programs and purchasing areas
to save taxpayer dollars and improve mission outcomes. In FY 2023, EPA will continue to leverage
data provided by the General Service Administration and implement spend analysis, trend analysis,
and data visualization tools to measure progress toward the implementation of Category
Management and the adoption of Federal Strategic Sourcing vehicles and BIC acquisition
solutions.
OMB's Category Management focuses on total acquisition spend transitioned from contract
vehicles that are unaligned with Category Management principles to the SUM Program. In
accordance with OMB Memorandum M-22-03, Advancing Equity in Federal Procurement,187
EPA revised its Acquisition Guidance section 8.0.100, Requirements for Mandatory Use of
Common Contract Solutions, to add clarification of the SUM Tier 2-SB designation which is
afforded to contracts of any size awarded to small and disadvantaged businesses. The revision
emphasizes EPA's focus on small business utilization and ensures continued alignment with
federal category management and equity goals. EPA is currently projecting to reach its FY 2023
OMB-designated SUM spend goal of 52 percent of total addressable spend. The Agency has
initiated a Category Management strategy for IT and will award a consolidated/enterprise-wide
mission support services contract for the Office of Land and Emergency Management as a SUM
Tier 1 solution.
187 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-03.pdf
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Additionally, EPA is initiating strategic sourcing initiatives in the following areas while directing
requirements resulting from the increased Bipartisan Infrastructure Law funding to SUM solutions:
New Laboratory Equipment Maintenance solution
Cell services (recompete)
CyberFEDS resources software
Office of Air & Radiation EARTH Agency-wide professional services solution
Subscription solutions
In FY 2023, EPA will continue to implement SUM principles to leverage pre-vetted agency and
government-wide contracts as part of the Agency's effort to utilize more mature, market-proven
acquisition vehicles. Through SUM Tier 2 and BIC solutions, EPA will leverage acquisition
experts to optimize spending within the government-wide category management framework and
increase the transactional data available for agency-level analysis of buying behaviors. To
modernize the acquisition process and remove barriers to entry for obtaining government contracts,
EPA has developed two innovative tools available agencywide: the EPA Solution Finder, which
provides solution and ordering information for all EPA enterprise-wide contract solutions; and the
BIC Opportunity Tool, which recommends BIC solutions to address newly identified agency
requirements for commodities and services and those supported on expiring contracts.
EPA also will continue to maximize its Strategic Sourcing Program (SSP), thereby enhancing
purchase coordination, improving price uniformity and knowledge-sharing, and leveraging small
business capabilities to meet acquisition goals. The SSP allows the Agency to research, assess, and
award contract vehicles that will maximize time and resource savings. The SSP serves as a
foundation for effective financial and resource management because it simplifies the acquisition
process and reduces costs. Long-term implementation of the SSP is transforming the Agency's
acquisition process into a strategically driven function, ensuring maximum value for every
acquisition dollar spent. In the first quarter of FY 2022, EPA realized $9.6 million cost avoidance
in specific, measurable costs for: five agencywide software solutions; print services; cellular
services; shipping; voice services; office supplies; lab supplies; computers; furniture and furniture
management services; and laboratory equipment maintenance. Since the beginning of the Strategic
Sourcing Program in FY 2013, EPA has achieved cost avoidance of $38.1 million.
In FY 2023, EPA will continue to evaluate options for replacing the EPA Acquisition System with
an approved government-wide Federal Shared Service Provider for a contract writing system in
line with government-wide mandates to increase the use of shared services.188 The Agency is
focusing on a modern acquisition solution that reduces costs while increasing efficiency by
standardizing federal procurement planning, contract award, administration, and close-out
processes. Transition preparations include data management strategies, business process reviews,
and user engagement to develop a business case and ensure data elements conform with Federal
Government Procurement standards. As part of this effort, in FY 2023, EPA will utilize a new
Government-wide Unique Entity Identifier for acquisition awards in line with General Services
Administration and OMB requirements. EPA also will continue implementing the Financial
188 OMB-19-16 "Centralized Mission Support Capabilities for the Federal Government, for more information, please refer to:
https://www.whitehouse.gov/wp-content/uploads/2019/04/M-19-16.pdf.
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Information Technology Acquisition Reform Act (FITARA)189 by competing contracts with
multiple vendors or confining the scope of the contract to a limited task, thereby avoiding vendor
lock-in, and developing acquisition vehicles that support the Agency in FITARA compliance and
implementation.
Performance Measure Targets:
Work under this program supports performance results in the Small Minority Business Assistance
Program under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$1,214.0) 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.
(+$6,556.0 / +35.0 FTE) This program change will strengthen EPA's capacity to process
new, increased, and existing award contract actions in a timely manner; advance EPA
utilization of small and disadvantaged business; support "Made in America" initiatives;
and support supply chain risk management activities for information and communication
technology. This investment includes $6.0 million in payroll.
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).
189 For additional information, please refer to: https://www.congress.gOv/l 13/plaws/publ291/PLAW-
1.1. 3ituM29 1. ,pdf#page= 1.48%SI).
426
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Central Planning, Budgeting, and Finance
Program Area: Operations and Administration
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 'IJJS
S,NIV./.v/
S I2M(>
Leaking Underground Storage Tanks
$343
$416
$448
$32
Hazardous Waste Electronic Manifest System Fund
$154
$0
$0
$0
Hazardous Substance Superfund
$26,775
$26,561
$28,806
$2,245
Total Budget Authority
$98,800
$103,695
$118,408
$14,713
Total Workyears
438.8
462.0
470.0
8.0
Total workyears in FY 2023 include 2.0 FTE funded by TSCA fees.
Total workyears in FY 2023 include 39.0 FTE to support Central Planning, Budgeting, and Finance working capital fund (WCF)
services.
Program Project Description:
Activities under the Central Planning, Budgeting, and Finance Program support the management
of integrated planning, budgeting, financial management, performance and accountability
processes, risk assessments and reporting, and financial systems to ensure effective stewardship of
resources. This includes managing and supporting the Agency's financial management systems.
Functions include financial payment and support services for EPA; general and specialized fiscal
and accounting services for many of EPA's programs; strategic planning and accountability for
environmental, fiscal, and managerial results; executing an Enterprise Risk Management Program
to support effective and efficient mission delivery and decision-making; providing policy, systems,
training, reports, and oversight essential for EPA's financial operations; managing the agency wide
Working Capital Fund (WCF); and managing the Agency's annual budget process. This program
supports agency activities to meet requirements of the Government Performance and Results
Modernization Act (GPRMA) of 2010;190 the Digital Accountability and Transparency (DATA)
Act of 2014;191 the Federal Information Technology Acquisition Reform Act (FITARA) of
2015;192 the Federal Management Financial Integrity Act (FMFIA);193 the Inspector General Act
of 1978, as Amended;194 and the Foundations for Evidence-Based Policymaking Act of 2018.195
190 For more information, please see: https://wvyw.c0ngress.g0v/l 1.l/plaws/publ352/PLAW-l1. Ipubl352.pdf.
191 For more information, please see: fattps://www.congress, gov/1.1.3/plaws/publ 1.01./FLAW-1.1.3publ 1.01. .pdf.
192 FITARA became law as a part of the National Defense Authorization Act for Fiscal Year 2015 (Title VIII, Subtitle D),
https://www.c0ngress.g0v/l 1.3/plaws/publ291/PLAW-1.1.3publ291. .pdf".
193 For more information, please see: https://www.govinfo.gov/content/pkg/ST ' ' 96/pdf/ST ' ' 96-Pg814.pdf.
194 For more information, please see: https://www.govinfo.gov/content/pkg/ST 92/pdf/ST 92-Pgll01.pdf.
195 For more information, please see: https://www.c0ngress.g0v/l IS/plaws/puL .,..,AW~1 ISpl,..,.
427
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FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an additional $12.4 million and 7.6 FTE. This increase is to
support implementation of the Foundations for Evidence-Based Policymaking Act of 2018 and
systems modernization and provide for necessary fixed costs increases. EPA will continue to
provide resource stewardship to ensure that all agency programs operate with fiscal responsibility
and management integrity, financial services are efficiently and consistently delivered nationwide,
and programs demonstrate results. EPA will maintain key planning, budgeting, performance
measurement, and financial management activities but also implement enhancements to technical
training, outreach, and reporting to assistance recipients and programs with a goal of reducing the
barriers to managing what can be complex federal requirements intended to ensure sound financial
management. EPA will ensure secure and efficient operations and maintenance of core agency
financial management systems: Compass, PeoplePlus (Time and Attendance), Budget Formulation
System, which includes a Performance Module, and related financial reporting systems. The
Agency continues to modernize its financial systems to gain greater efficiencies through
leveraging the accounting system and eliminating legacy systems, as well as provide accessible
tools to manage resources and track performance. For example, the Agency is implementing a new
integration with its financial system, to better track and account for its bills associated with the e-
Manifest Program (a national hazardous waste electronic manifest tracking system for transport
activities). This integration will improve the data quality and timeliness for the manifest
transactions, in addition to aligning more to federal accounting standards for receivables. Robotics
Process Automation (BOTS) will be one part of the overall strategy to reduce manual work and
improve efficiency. EPA will focus on ensuring a standardized approach across all financial
systems for granting access, managing access and the ability to audit access in a structured manner.
This will allow the Agency to address over 50 specific security controls. EPA will continue to
expand and enhance easy to use dashboards for financial management. Dashboards are now in
place to support payroll and FTE management, and to support GPRMA performance planning and
systematic tracking of progress.
In FY 2023, EPA will continue to standardize and streamline internal business processes, reduce
the number of administrative systems, and adopt federal shared services when supported by
business case analysis. Modernizing or integrating legacy payment systems will continue to be a
focus, and funds are requested to support the planning and analysis to start the next effort, as well
as the analysis needed for the Agency's Time and Attendance system alternatives. For example,
EPA has implemented Treasury's Invoice Processing Platform (IPP) for reviewing invoices and
paying commercial vendors. As of February 2022, roughly 95 percent of contract invoices are
being handled through this system, resulting in staff efficiencies for processing invoice payment
due to increased automation. Beginning in FY 2023, EPA will add additional payment types to
this system, including Superfund Contract Lab Program payments through a system interface and
miscellaneous obligations, which will utilize the IPP Self-Service module. This implementation
will greatly reduce manual effort, improve data quality, and allow for the elimination of two legacy
administrative systems.
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By the end of FY 2022 and through FY 2023, EPA will focus on the implementation of G-
Invoicing, Treasury's Interagency Agreement system. G-Invoicing will integrate into the Agency' s
accounting system as part of a government-wide effort to standardize and improve financial
management of interagency agreements. The goal of G-Invoicing is to align EPA's business
processes to deliver a new and more streamlined approach for the end-to-end delivery of financial
transactions for Interagency Agreements. This will involve implementing a new version of EPA's
accounting systems software in FY 2022. Extensive testing and training will be needed to
implement other associated business process changes and system touchpoints. By the end of FY
2022, the Agency will begin brokering and processing all new Interagency Agreements within G-
invoicing. In FY 2023, the Agency will work on ensuring that all open Interagency Agreements
are migrated into G-invoicing. The Agency's goal is to fully implement G-invoicing for new and
existing agreements by the Treasury mandated date of October 1, 2023.
Over the next several years, other federal shared services that will impact financial transactions
are likely to be offered. EPA will further standardize processes to prepare for the new shared
federal payroll or time and attendance systems. Equally important is the ability to adapt systems
to meet increased transparency needs, such as those prescribed in the DATA Act. The DATA Act
reporting will continue to evolve with more stringent timelines, certification requirements, data
standards and validation checks, as well as additional areas of federal financial spending. The
Agency plans to be flexible to adapt to the new transparency needs, to provide timely and accurate
spending information to the public.
In FY 2023, resources are requested to support formal evaluations as well as efforts to improve
critical data collections and data sharing in priority areas as directed by the Foundations for
Evidence-Based Policymaking Act of 2018. In alignment with the Act, EPA has been steadily
building the capacity for this important work, and in FY 2022 established the policy framework
for the Agency's evaluation program. In FY 2023, the Agency will start implementing the larger
goals of the Act and is requesting resources to support the use of high-quality evaluation to ensure
programs are effective as designed. In alignment with the Act, EPA will use findings from the FY
2022 capacity assessment to prioritize strategic investments at an enterprise level that will expand
capacity for robust evaluation, data use, research and development, analysis, and Lean
Management. The Act requires EPA to develop an evidence-building portfolio to support policy
and program implementation decisions by generating evaluation studies to help the Agency
improve, advance, or modify existing programs, policies, projects, or operations. In FY 2023, EPA
will further develop the Agency's learning agenda, build evaluation and evidence-building into the
planning for new and enhanced programs, enhance strategic and annual planning, collaborate with
external evaluation experts, and produce implementation guidance for EPA's evaluation policy
framework. EPA will invest in evaluation and other evidence-building activities addressing
environmental justice (EJ), climate change, community engagement, equity, diversity, and
inclusion. Also, as part of the Agency's FY 2023 evidence-building portfolio, EPA will lead a
cross-government effort to develop evidence-building guidelines and initiate evaluation studies
related to the execution of the Infrastructure Investment and Jobs Act of 2021 (IIJA) investments.
In FY 2023, the Program will continue to focus on core responsibilities in the areas of strategic
planning; performance measurement, assessment, and reporting; enterprise risk management;
budget preparation; financial reporting; and transaction processing. As the Agency lead in
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designing and implementing performance measurement and risk management strategies that
inform Agency decision-making and advance mission results, the Program will focus on driving
progress toward the Administrator's priorities by regularly assessing performance results against
ambitious targets, monitoring and mitigating risks, and adjusting strategies as needed. This
includes convening Quarterly Performance Reviews (QPRs) to assess progress; promoting an
increased use of data analytics and evidence-based decision-making practices; working
collaboratively with Agency programs to assess and analyze performance and risk data; and
providing technical assistance on agencywide measures of governance to enhance data quality.
EPA also will continue to use the performance data and other evidence to answer fundamental
business questions and identify opportunities for service improvements.
During FY 2023, EPA will continue to leverage a management system that uses Lean Management
techniques and tools to promote continuous improvement. Lean Management techniques will
continue to complement EPA's performance framework to help the Agency meet the requirements
and spirit of the GPRMA. As of February 2022, EPA has improved nearly 1,100 processes and
implemented over 5,000 employee ideas. Improvements and innovations have been made in
administrative areas, such as acquisitions, Freedom of Information Act (FOIA) response, and in
many programmatic areas. For example, the management system helped EPA reduce its water
permit backlog and achieve reductions in areas not attaining air pollution standards by 25 percent.
The management system also has helped EPA elevate and solve problems more effectively. For
example, thanks to systematic problem-solving, EPA's Office of Enforcement and Compliance
Assurance was able to help several EPA regions address challenges related to Internet sales of
illegal vehicles and engines not meeting air quality standards.
Moving forward, EPA will continue measuring process improvements as a long-term performance
goal in support of the FY 2022 - 2026 EPA Strategic Plan. EPA has worked to increase the
flexibility of its Continuous Improvement Program to better integrate with the Agency's range of
programs and approaches. EPA also expects to continue supporting states and tribes in adopting
its Lean Management techniques to improve processes related to authorized or delegated federal
programs, and in key priority areas, such as EJ. To date, environmental quality departments in
Maryland, Connecticut, New Hampshire, Texas, Oklahoma and most recently the District of
Columbia have adopted and deployed the Lean Management techniques in partnership with EPA.
EPA has made significant strides in recent years to bring programs that were considered
susceptible to improper payments, to a point where the improper payments are at very low rates.
However, the Agency continues to be vigilant in its payment reviews. Annually, EPA conducts
Internal Control reviews of multiple programs. In addition, as required by Payment Integrity
Information Act of 2019 (PIIA) (P.L. 116-117),196 and OMB Memorandum M-21-19 Appendix
C,197 EPA is conducting a triennial risk assessment review of all of its payment streams. Other
improvements include the recent implementation of upgraded systems used for payments and
invoice processing through which the Agency anticipates even fewer payment errors moving
forward. To strengthen our processes, EPA is developing risk assessment plans for significant new
funding the Agency receives. These risk assessments will outline any differences in authorities or
new requirements of the funding, potential areas that will need additional guidance as well as
196 For more information, please see: https://www.congress.gOv/l 16/plaws/publl 17/PLAW-l 16publl 17.pdf.
197 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/03/M-21-19.pdf
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tracking and reporting, performance measures and internal controls that will be established to
prevent and detect possible improper payment activities.
The Program will continue to conduct internal control program reviews and use the results and
recommendations from the Office of Inspector General to provide evidence of the soundness of
EPA's financial management program and identify areas for further improvement. The Program
will collect key operational statistics for its financial management program to further evaluate its
operations and for management decision-making. For example, in FY 2019, EPA observed a trend
that Agency corrective actions were increasingly being implemented beyond the agreed upon
resolution date. OCFO continues to engage more and more with the community to ensure the close
out or extension requests were completed. Additionally, OCFO is adding in validation and
documentation measures to ensure that the process is standardized across the Agency while
providing more customer-level support. In addition, EPA is dedicated to reducing fraud, waste,
and abuse, and strengthening internal controls over improper payments.
The Program will continue to support FITARA requirements in accordance with EPA's
Implementation Plan.198 The Chief Information Officer will continue to be engaged throughout the
budget planning process to ensure that information technology needs are properly planned and
resourced in accordance with FITARA.
Performance Measure Targets:
(PM CF2) Number of Agency administrative systems and system interfaces.
FY 2022
Target
FY 2023
Target
17
17
(PM OP1) Number of operational processes improved.
FY 2022
Target
FY 2023
Target
200
200
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$6,425.0) 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.
(+5,027.0 / +6.0 FTE) This program change reflects an increase to support implementation
of the Foundations for Evidence-Based Policymaking Act of 2018 in the regional offices.
Funding also will allow headquarters offices to lead a coordinated cross-agency process
supporting the design and execution of evaluations of IIJA investments. This investment
includes $1,051 million in payroll.
(+$984.0 / +1.6 FTE) This program change reflects an increase to allow the Agency to
continue its efforts to modernize and streamline its financial systems and processes. This
program change also funds the effort to scale up support needed to implement increased
198 For more information, please see: http://www.epa.gov/open/fitara-mplementation-plan-and-chief-iiifoniiation-ofTLcer-
assignment-plan.
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workload on grant payments and provide essential workforce support, training and working
capital fund needs. This investment includes $280.0 thousand in payroll.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified as Title 5 App.) (EPA's organic statute).
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Facilities Infrastructure and Operations
Program Area: Operations and Administration
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
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CR
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Science & Technology
$65,093
$67,500
$68,912
$1,412
Building and Facilities
$36,071
$27,076
$73,894
$46,818
Leaking Underground Storage Tanks
$932
$836
$724
-$112
Inland Oil Spill Programs
$628
$682
$641
-$41
Hazardous Substance Superfund
$81,976
$68,727
$71,219
$2,492
Total Budget Authority
$442,223
$450,262
$503,683
$53,421
Total Workyears
334.2
315.4
325.4
10.0
Total work years in FY 2023 include 5.4 FTE to support Facilities Infrastructure and Operations working capital fund (WCF)
services.
Program Project Description:
Environmental Programs and Management (EPM) resources in the Facilities Infrastructure and
Operations Program fund the Agency's rent, utilities, and security. The Program also supports
centralized administrative activities and support services, including health and safety,
environmental compliance and management, facilities maintenance and operations, space
planning, sustainable facilities and energy conservation planning and support, property
management, mail, and transportation services. Funding for such services is allocated among the
major appropriations for the Agency.
This program also includes the Agency's Protection Services Detail (PSD) that provides physical
protection for the Administrator through security for daily activities and events. The PSD
coordinates all personnel and logistical requirements including scheduling, local support, travel
arrangements, and the management of special equipment.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an investment of more than $2.8 million and 9.0 FTE to support
agency wide climate sustainability and resiliency initiatives and EPA facilities projects. EPA will
continue to invest in the reconfiguration of EPA's workspaces, enabling the Agency to release
office space and avoid long-term rent costs, consistent with HR 4465,199 the Federal Assets Sale
199 For additional information, please refer to: https://www.c0ngress.g0v/bill/l 14th-congress/house-bil1/4465. Federal Assets Sale
and Transfer Act of 2016.
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and Transfer Act of 2016. EPA is implementing a long-term space consolidation plan that aims to
reduce the number of occupied facilities, consolidate and optimize space within remaining
facilities, and reduce square footage wherever practical. EPA also will continue working to
enhance its federal infrastructure and operations in a manner that increases efficiency. For FY
2023 the Agency is requesting $155.33 million for rent, $4.57 million for utilities, and $27.81
million for security in the EPM appropriation. EPA uses a standard methodology to ensure that
rent charging appropriately reflects planned and enacted resources at the appropriation level.
EPA also will work to secure physical and operational resiliency for Agency facilities. As part of
this work, EPA will continue conducting climate resiliency assessments at all EPA-owned
facilities to identify critical upgrades that are necessary to improve facility resiliency against the
impacts of climate change, such as roofing stability or seawall construction projects. In FY 2023,
EPA will conduct climate assessments at the following facilities: Cincinnati Test and Evaluation
Facility, Duluth Environmental Center, Ada Gaar Corner, Ada Environmental Research Center,
Region 10 Laboratory - Manchester. EPA will initiate all high-priority projects within 24 months
of the completion of a climate assessment.
Further, EPA will continue reconfiguring EPA's workplaces with the goal of reducing long-term
rent costs while increasing EPA facility sustainability to combat the effects of climate change and
ensuring a space footprint that accommodates a growing workforce. Space reconfiguration enables
EPA to reduce its footprint to create a more efficient, collaborative, and technologically
sophisticated workplace. However, even if modifications are kept to a minimum, each move
requires initial funding to achieve long-term cost avoidance and sustainability goals. These
investments support sustainable federal infrastructure, a clean energy future, and goals to achieve
net-zero emissions by 2050.
In FY 2023, EPA will pursue aggressive energy, water, and building infrastructure requirements
with emphasis on environmental programs (e.g., Environmental Management Systems,
Environmental Compliance Programs, Leadership in Energy and Environmental Design
Certification, alternative fuel use, fleet reductions, telematics, sustainability assessments). This
investment in infrastructure (e.g., architectural and design) and mechanical systems (e.g.,
Optimized Building Managements Systems for heating and cooling with load demand driven
controls) is necessary to meet the Administration's climate sustainability goals. Additionally, in
2023, EPA will direct $1.4 million to continue the Agency's transition to electric vehicles through
direct purchase (mobile lab vehicles) or lease through the General Services Administration (GSA)
for all future fleet procurements where economically feasible. EPA also will identify opportunities
to build out necessary charging infrastructure at EPA facility locations. EPA's goal is to use 100
percent carbon pollution-free electricity on a net annual basis by 2030.
EPA also will meet regulatory Occupational Safety and Health Administration (OSHA)
obligations and provide health and safety training to field staff (e.g., inspections, monitoring, on-
scene coordinators) and track capital equipment of $25 thousand or more. The Agency will
continue its partnership with GSA to utilize shared services solutions, USAccess and Enterprise
Physical Access Control System (ePACS) programs. USAccess provides standardized HSPD-12
approved Personal Identity Verification (PIV) card enrollment and issuance and ePACS provides
centralized access control of EPA space, including restricted and secure areas.
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Performance Measure Targets:
(PM CRP) Percentage of priority climate resiliency projects for EPA-owned
facilities initiated within 24 months of a completed facility climate
assessment and project prioritization.
FY 2022
Target
FY 2023
Target
100
(PM CAA) Number of EPA-owned facility climate adaptation assessments
FY 2022
FY 2023
completed.
Target
Target
2
5
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$863.0) This change to fixed and other costs is a net 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. This change includes
adjustments to rent, utilities, security, and transit subsidy needs.
(+$1,989.0 / +9.0 FTE) This program change is an increase to support agencywide climate
sustainability and resiliency initiatives and EPA facilities projects that will ensure the
Agency has an optimal footprint to support the proposed FTE increase in the FY 2023
Budget request. This investment includes $1.5 million in payroll.
Statutory Authority:
Federal Property and Administration Services Act; Reorganization Plan No. 3 of 1970, 84 Stat.
2086, as amended by Pub. L. 98-80, 97 Stat. 485 (codified at Title 5, App.) (EPA's organic statute).
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Financial Assistance Grants / IAG Management
Program Area: Operations and Administration
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
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$4,224
$3,210
$4,403
$1,193
Total Budget Authority
$31,518
$28,640
$37,443
$8,803
Total Workyears
137.0
139.5
184.5
45.0
Program Project Description:
Environmental Program and Management (EPM) resources in the Financial Assistance Grants and
Interagency Agreement (IA) Management Program support the management of grants and IAs as
well as suspension and debarment activities for assistance and procurement programs. Grants and
IAs historically comprise approximately 60 percent of EPA's annual appropriations. Resources in
this program ensure EPA manages grants and IAs to meet the highest fiduciary standards and
achieve measurable results for environmental programs and Agency priorities, and that the
government's financial resources and business interests are protected from fraud and
mismanagement.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA requests an additional investment of $7.6 million and 40.0 FTE to provide
technical assistance and outreach to first time recipients of federal funding; improve capacity for
oversight and tracking of new and increased grant investments; and process financial assistance
agreements in a timely manner. EPA will continue to implement grants management activities to
achieve efficiencies while enhancing quality and accountability and ensuring that opportunities
for competitive grants are made publicly available so that all eligible applicants have an
opportunity to compete for them. EPA also will explore methods to use or update the grant
competition and grant-making processes to promote racial equity and support for underserved
communities. For example, EPA will provide technical assistance to potential grantees from
underserved communities on sound financial management practices to reduce barriers to
competition for EPA grant resources. EPA also will track grant place of performance to determine
whether underserved and environmental justice (EJ) communities are realizing the benefits of EPA
grant programs.
EPA will continue investments in modernizing grant and IA information technology/information
management (IT/IM) systems, support the improved capacity for oversight and tracking of new
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and increased grant investments, and ensure the timely processing of financial assistance
agreements. EPA will manage its Next Generation Grants System (NGGS) in conjunction with
the retirement of an outdated legacy grants management system. NGGS aligns with the
requirements of the Grant Reporting Efficiency and Agreements Transparency (GREAT) Act,
applicable Office of Management and Budget (OMB) Quality Service Management Offices
(QSMO) standards, and the Federal Integrated Business Framework for grants (e.g., required
standard data elements for grants reporting). In FY 2023, EPA will operate and maintain an
electronic grants record management system that integrates with EPA's enterprise records
management system and aligns with applicable QSMO standards. The Agency also will utilize the
government-wide Unique Entity Identifier system for grant awards to meet OMB requirements.
Further, EPA will continue to focus on reducing the administrative burden on EPA and grant
applicants and recipients, and on improving grants management procedures. The Agency will
continue implementing the FY 2021-2025 Grants Management Plan, focusing on the award and
effective management of assistance agreements, enhancing partnerships within the grants
management community, promoting environmental justice, and ensuring effective grant oversight
and accountability.
By October 1,2022, EPA will have completed activities to align its IA business processes to ensure
compatibility with the government-wide mandate to adopt G-Invoicing, the federal shared service
for intragovernmental transactions. EPA provides quarterly progress updates to Treasury that
highlight activities under the Agency's approved G-Invoicing Implementation Plan.
In FY 2023, the Agency will continue to make use of discretionary debarments and suspensions
as well as statutory disqualifications under the Clean Air Act and Clean Water Act to protect the
integrity of federal assistance and procurement programs. Congress and federal courts have long
recognized federal agencies' inherent authority and obligation to exclude non-responsible parties
from eligibility to receive government contracts and federal assistance awards (e.g., grants,
cooperative agreements, loans, and loan guarantees).
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$752.0) 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.
(+$6,858.0 / +40.0 FTE) This program change will support technical assistance and
outreach to first time recipients of federal funding; improve capacity for oversight and
tracking of new and increased grant investments; and the timely processing of financial
assistance agreements. This investment includes $6,833 million in payroll.
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Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Federal Grant and Cooperative Agreement Act;
Federal Acquisition Streamlining Act § 2455.
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Human Resources Management
Program Area: Operations and Administration
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
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Budget v.
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$7,200
$6,202
$8,476
$2,274
Total Budget Authority
$55,456
$52,431
$74,563
$22,132
Total Workyears
228.3
229.9
316.4
86.5
Total workyears in FY 2023 include 0.2 FTE to support Human Resources Management working capital fund (WCF) services.
Program Project Description:
Environmental Programs and Management (EPM) resources for the Human Resources (HR)
Management Program support human capital management (HCM) activities throughout EPA. To
help achieve its mission and maximize employee productivity and job satisfaction, EPA
continually works to improve business processes for critical HCM functions including recruitment,
hiring, employee development, performance management, leadership development, workforce
planning, and labor union engagement. This includes personnel and payroll processing through the
Human Resources Line of Business. EPM resources also support overall federal advisory
committee management and Chief Human Capital Officer Council activities under applicable
statutes and guidance, including the Agency's Human Capital Operating Plan.
FY 2023 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an additional investment of $19.9 million and 73.7 FTE to
support the implementation of EPA's Diversity, Equity, Inclusion, and Accessibility (DEIA)
Strategic Plan, expand EPA's intern program, support EPA's Learning Agenda's evidence-
gathering activities, and strengthen agencywide capacity to quickly increase staff levels in key
offices and programs. Effective workforce management is critical to EPA's ability to accomplish
its mission. EPA's efforts in HR functions are focused on strengthening the workforce, retaining
critical expertise, and capturing institutional knowledge. EPA continues developing mechanisms
to ensure that employees have the right skills to successfully achieve the Agency's core mission
today and in the future.
The Agency is actively involved with OPM's Chief Human Capital Officer Council and the
President's Management Council Agenda to address the challenges of the 21st Century federal
workforce. In FY 2023, in line with President Biden's Executive Order on Diversity, Equity,
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Inclusion, and Accessibility in the Federal Workforce,200 EPA will implement the actions identified
in the DEIA Strategic Plan to assess whether Agency recruitment, hiring, promotion, retention,
professional development, performance evaluations, pay and compensation policies, reasonable
accommodations access, and training policies and practices are equitable. EPA will take an
evidence-based and data-driven approach to determine whether and to what extent Agency
practices result in inequitable employment outcomes, and whether Agency actions may help to
overcome systemic societal and organizational barriers. Further, the Agency will assess the status
and effects of existing diversity, equity, inclusion, and accessibility initiatives or programs, and
review the institutional resources available to support human resources activities. For areas where
evidence is lacking, the Agency will propose opportunities to advance diversity, equity, inclusion,
and accessibility, addressing those gaps. EPA will continue to involve employees at all levels of
the organization in the assessment of DEIA initiatives and programs.
In FY 2023, EPA will support the following DEIA initiatives:
EPA will plan a Senior Executive Service Candidate Development Program, projected to
start in early FY 2024. The Program will focus on diversity, equity, inclusion, and
accessibility so future executives reflect the diversity of the American people and are
effectively trained in the skills necessary to lead a diverse workforce that operates in a
hybrid work environment.
EPA will develop and implement a centralized paid internship program, which expands on
existing internship opportunities across the Agency to strengthen talent and workforce
acquisition. This paid internship program will focus on expanding federal work experience
opportunities for underrepresented and underserved populations, which may experience
barriers to applying or fully participating in existing opportunities. EPA will provide
approximately 180 four-month internship opportunities in every EPA Headquarters and
Regional Office. Additionally, EPA will establish a plan to convert eligible interns to
permanent federal service based on performance and completing program requirements.
EPA has increased efforts to improve Diversity and Inclusion with virtual outreach events,
targeting diverse networks such as veterans, Historically Black Colleges and Universities, and
Returned Peace Corps Volunteers. To recruit EPA's next generation of employees, EPA will
continue outreach to new potential sources for future employees and use all available hiring
authorities, including Schedule A, and recruitment incentives. In FY 2023, EPA will continue to
work with Science, Technology, Engineering and Mathematics-focused institutions and
organizations, like the Society of Hispanic Professional Engineers, and will participate in the
President Management Council's Interagency Rotational Program to create leadership
development assignments for GS 13-15 level employees. EPA reviews applicant flow data analysis
on diversity every quarter to assess progress and identify areas for improvement.
In FY 2023, EPA will continue to implement flexible work policies in line with OMB Memoranda
M-21-25 - Integrating Planning for A Safe Increased Return of Federal Employees and
Contractors to Physical Workplaces with Post-Reentry Personnel Policies and Work
200 For additional information, please refer to: https://www.whitehouse.gov/briefiiig-room/presidential-
actions/2021/06/25/executive-order-on-diversity-equity-inclusion-and-accessibility-in-the-federal-workforce/.
440
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Environment,201 including designation of remote work status to certain positions, providing work
schedule flexibilities, and increasing the use of telework. EPA strives to be a model federal
employer and these efforts will strengthen the Agency's ability to attract, recruit, retain, and
empower top talent while advancing diversity, equity, inclusion, and accessibility.
EPA will identify the most critical need for climate literacy training for its workforce. These efforts
will focus on integrating climate adaptation, risk disclosure, and other education activities into the
management of EPA's procurement, real property, public lands and waters, and financial
programs.
EPA also will continue supporting evidence-building activities to implement a workforce strategy
guided by data-driven decisions as part of its implementation of the Evidence Act through the
Workforce Planning learning priority area in EPA's Learning Agenda. This work includes
determining Mission Critical Competencies, enhancement of EPA's competency assessment tool,
skills gap analysis across the Agency, and knowledge transfer strategies to support succession
planning.
In FY 2023, EPA will continue to operate and maintain the Talent Enterprise Diagnostic (TED)
tool to allow EPA to make data-driven, strategic workforce decisions. TED data will serve a crucial
role in EPA's Workforce Planning and Succession Management activities by identifying potential
competency gaps across the Agency and by increasing management's understanding of where
needed skill sets should reside within EPA. Additionally, EPA will continue to maintain and
operate dashboards related to Mission Critical Occupations, Workforce Demographics, and
Diversity. These dashboards provide data visualizations and easy-to-understand information about
the current workforce, assisting EPA with succession planning by identifying workforce gaps due
to anticipated retirements and attrition trends, which is critical considering that approximately 25
percent of EPA's workforce is retirement eligible, and another 19 percent of the current workforce
will become retirement eligible over the next five years.
The Agency will continue to implement Executive Order 14003, Protecting the Federal
Workforce,202 issued on January 22, 2021. EPA reviewed its unions' agreements to identify and
eliminate provisions influenced by four revoked executive orders and will increase the focus on
pre-decisional involvement and interest-based bargaining. In FY 2023, EPA will continue working
to reset and repair relationships and involve unions in a collaborative way, promoting the Agency' s
and the unions' shared goal of the positive and equitable treatment of newly empowered
employees.
Finally, EPA's advisory committees, operating as catalysts for public participation in policy
development, implementation, and decision making, have proven effective in building consensus
among the Agency's diverse external partners and stakeholders. In line with President Biden's
Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based
201 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-25.pdf.
202 For additional information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/22/executive-
order-protecting-the-federal-workforce/.
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Policymaking,203 EPA remains committed to ensuring that highly qualified external experts serve
on Agency committees and that those members and future nominees of EPA advisory committees
reflect the diversity of America in terms of gender, race, ethnicity, geography, and other
characteristics.
Performance Measure Targets:
(PM DEIA) Diversity, Equity, Inclusivity, and Accessibility (DEIA)
FY 2022
FY 2023
Maturity Level achieved.
Target
Target
LI
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$3,693.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE in this program project due to annual payroll
increases, adjustments to provide essential workforce support, and changes to benefits
costs. This change also includes other Agency fixed costs such as sign language support
for deaf and hard of hearing employees, workers compensation, and childcare tuition
assistance programs.
(+$4,200.0 / +45.0 FTE) This program change is an increase to develop and implement a
centralized paid internship program to strengthen talent and workforce acquisition. This
paid internship program will focus on expanding federal work experience opportunities for
underrepresented and underserved populations. This investment includes $3.6 million in
payroll.
(+$3,214.0 / +5.0 FTE) This program change is an increase to support the implementation
Executive Order 14035 - Diversity, Equity, Inclusion, and Accessibility (DEIA) in the
Federal Workforce and taking the actions identified in EPA's DEIA Strategic Plan. This
investment includes $859.0 thousand in payroll.
(+$1,000.0) This program change is an increase to support the establishment of a Senior
Executive Service Candidate Development Program with a goal that EPA senior leaders
reflect the diversity of the American people and will include a special focus on developing
diversity, equity, accessibility, and inclusivity competencies.
(+$1,571.0 / +5.2 FTE) This program change is an increase in support of the Foundations
for Evidence-Based Policymaking Act of 2018. Resources will be used for Learning
Agenda's evidence-gathering activities. This investment includes $893.0 thousand in
payroll.
203 For additional information, please see: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/01/27/memorandum-on-restoring-trust-in-government-through-scientific-integrity-and-evidence-based-
policymaking/.
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(+$6,180.0 / +18.5 FTE) This program change strengthens agencywide capacity to quickly
increase staff levels in key offices and programs (i.e., environmental justice, climate,
infrastructure programs, etc.). This investment includes $3,177 million in payroll.
Statutory Authority:
Title 5 of the U.S.C.; Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L.
98-80, 97 Stat. 485 (codified at Title 5, App.) (EPA's organic statute).
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Pesticides Licensing
444
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Science Policy and Biotechnology
Program Area: Pesticides Licensing
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Ensure Chemical and Pesticide Safety
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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Total Budget Authority
$1,287
$1,546
$1,580
$34
Total Workyears
4.1
4.6
4.6
0.0
Program Project Description:
The Science Policy and Biotechnology Program provides scientific and policy expertise,
coordinates EPA's intra/interagency efforts, and facilitates information-sharing related to core
science policy issues concerning pesticides and toxic chemicals. Many offices within EPA
regularly address cutting-edge scientific issues. Coordination among affected EPA programs
including but not limited to air, pesticides, toxic substances, water, and research and development
allows for coherent and consistent scientific policy from a broad Agency perspective. In addition,
the Science Policy and Biotechnology Program provides for independent, external scientific peer
review, primarily through two federal advisory committees: the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) Scientific Advisory Panel (FIFRA SAP), and the Science Advisory
Committee on Chemicals (SACC).
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.1, Ensure Chemical and Pesticide
Safety in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Science Policy and Biotechnology Program continues its peer review role to
evaluate the scientific and technical issues associated with chemical safety and biotechnology. In
addition, other science policy and biotechnology issues will be supported by the Program when
decisions require expert scientific advice from an independent scientific peer review panel.
FIFRA Scientific Advisory Panel
The FIFRA SAP, operating under the rules and regulations of the Federal Advisory Committee
Act, will continue to serve as the primary external independent scientific peer review mechanism
for EPA's pesticide programs. As the Nation's primary pesticide regulatory agency, EPA makes
decisions that require EPA to review scientific data on pesticide risks to wildlife, farm workers,
pesticide applicators, sensitive populations, and the general public. The scientific data involved in
these decisions are complex, and a critical component of EPA's use of the best available science
to address such issues is seeking technical advice and scientific peer review from the FIFRA SAP.
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The FIFRA SAP conducts reviews each year on a variety of scientific topics. Specific topics to be
placed on the SAP agenda are usually confirmed in advance of each session and include difficult,
new, or controversial scientific issues identified in the course of EPA's pesticide program
activities. In FY 2021, EPA addressed expired membership terms on the FIFRA SAP. EPA
appointed two new members and reappointed the recent Chair and one recent member. In FY 2022,
EPA initiated the selection process for those members whose terms expire in FY 2023. EPA does
not plan to conduct any FIFRA SAP meetings in FY2022. Based on the committee's objectives
and scope of activities, the FIFRA SAP anticipates holding approximately 5 meetings in FY 2023.
These meetings will focus on the impact of pesticides on health and the environment and include
the peer review of scientific data, methodologies, models, and assessments, as needed.
Science Advisory Committee on Chemicals
The SACC, operating under the rules and regulations of the Federal Advisory Committee Act, will
continue to serve as the primary external independent scientific peer review mechanism for EPA's
chemical safety programs. EPA makes decisions that require the Agency to review scientific data
on risks that chemicals pose to a variety of populations including women, children, and other
potentially exposed or susceptible subpopulations. The scientific data, assessments,
methodologies, and measures involved in these decisions are complex. Many of EPA's tools and
models for examining exposures to industrial chemicals rely on inputs that are sensitive to climate
data. The SACC provides independent, expert scientific advice and recommendations to EPA on
the scientific basis for risk assessments, methodologies, and pollution prevention measures and
approaches for chemicals regulated under the Toxic Substances Control Act (TSCA) and also is a
critical component of EPA's use of the best available science.
The SACC conducts reviews each year on a variety of scientific topics. Similar to the FIFRA SAP,
specific topics to be placed on the SACC agenda include difficult, new, or controversial scientific
issues identified in the course of EPA's chemicals program activities. In FY 2021, EPA addressed
expired membership terms on the SACC. EPA appointed nine new members and reappointed
seven recent members. In FY 2022, EPA plans to initiate the selection process for those members
whose terms expire in FY 2023. By the end of the second quarter of FY 2022, EPA has held one
SACC meeting and plans to hold a second SACC meeting in the third quarter of FY 2022. Based
on the committee's objectives and scope of activities, the SACC anticipates holding approximately
4 to 6 meetings in FY 2023. These meetings will focus on the impact of industrial chemicals on
human health and the environment and include the peer review of scientific data, methodologies,
models, and assessments, as needed.
Planned Committee Meetings
Based on the estimates reflected in the 2020-2022 committee charters,204 the FIFRA SAP and
SACC anticipate holding a total of nine to 11 meetings in FY 2023. These meetings will focus on
the impact of pesticides and chemicals on human health and the environment and include the peer
review of scientific data, methodologies, models, and assessments, as needed.
204 For additional information, please visit: https://www.epa.gov/sap/fLfra-scientific-advisory-panel-charter and
https://www.epa. gov/tsca-peer-review/science-advisory-committee-chemicals-charter.
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Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$140.0) 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.
(-$106.0) This change is the result of savings realized by the program's introduction and
increased use of virtual meetings.
Statutory Authority:
Federal Insecticide Fungicide and Rodenticide Act (FIFRA); Federal Food, Drug and Cosmetics
Act (FFDCA), §408; Toxic Substances Control Act (TSCA); Federal Advisory Committee Act
(FACA).
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Pesticides: Protect Human Health from Pesticide Risk
Program Area: Pesticides Licensing
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Ensure Chemical and Pesticide Safety
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
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$2,431
$2,803
$2,917
$114
Total Budget Authority
$60,555
$62,984
$65,643
$2,659
Total Workyears
434.3
385.6
385.6
0.0
Total program work years in FY 2023 include 82.1 FTE funded by the Reregistration and Expedited Processing Revolving Fund.
Program Project Description:
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)205 and the Federal Food,
Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996
(FQPA) and the Pesticide Registration Improvement Extension Act of 2018 (PRIA 4),206 EPA is
charged with protecting people from the health risks that pesticide use can pose. FIFRA requires
EPA to register pesticide products before they are marketed for use in the U.S. Registration is
based on the review of scientific data sufficient to demonstrate that the product can perform its
intended function without unreasonable adverse effects on people or the environment. This
program emphasizes the use of reduced risk methods of pest control, including the use of reduced
risk pesticides and helping growers and other pesticide users learn about new, safer products and
methods of using pesticides.
Under FFDCA, if a pesticide is to be used in a manner that may result in pesticide residues in food
or animal feed, EPA must establish a tolerance, or maximum legal residue level, or an exemption
from the requirement of a tolerance, before it can be registered. To establish a tolerance, EPA must
find that the residues are "safe," which, under FFDCA, means that there is a reasonable certainty
of no harm to human health from aggregate exposure to the pesticide residue in food and from all
other exposure except occupational exposure.207 EPA must periodically review the registration and
tolerances that the Agency issues to ensure that public health is adequately protected.
205 For additional information on FIFRA, please visit: https://www.epa.gov/laws-msulations/simninmv-fedeial-msecticid&-
fungicidc-and-rodcnticidc-act.
206 On Friday, March 8, 2019, Pesticide Registration Improvement Extension Act of 2018 (PRIA 4) was signed into law, which
reauthorizes PRIA for 5 years through fiscal year 2023, and updates the fee collection provisions of the Federal Insecticide,
Fungicide, and Rodenticide Act.
207 Additional information related to pesticide registration, the setting of tolerance levels, and the pesticide risk assessment process
can be found at the following location: https://www.epa.gov/pesticide-tolerances/settiiig-tolerances-pesticide-residues-foods.
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FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.1, Ensure Chemical and Pesticide
Safety in the FY 2022 - 2026 EPA Strategic Plan.
Pesticide Review and Registration
In FY 2023, EPA will continue to review and register new pesticides, new uses for existing
pesticides, and other registration requests in accordance with statutory requirements, making sure
exposure to infants and children is reflected in the human health risk assessments supporting these
regulatory determinations. Many assessments also address potential exposure to pregnant women.
In addition, the Agency will evaluate pesticides that are already in the market against current
scientific standards for human health. To advance EPA's work supporting environmental justice
(EJ) and children's health, EPA also will evaluate these registration requests with special
consideration for impacts on members of overburdened communities and sensitive life stages,
especially infants and children. Under the FQPA, EPA is statutorily required to ensure that its
regulatory decisions are protective of children's health and other vulnerable subpopulations. EPA
also will continue to emphasize the registration of reduced risk pesticides, including biopesticides,
to provide farmers and other pesticide users with new, safer alternatives. The Agency, in
collaboration with the U. S. Department of Agriculture (USD A), also will work to ensure that minor
use registrations receive appropriate support and that needs are met for reduced risk pesticides for
minor use crops. EPA also will assist farmers and other pesticide users in learning about new, safer
products and methods of using existing products through workshops, demonstrations, small grants,
and materials on the website and in print.
In FY 2023, EPA also will continue to review the registrations of existing pesticides with a focus
on assessing and ensuring that pesticides are used safely, without unreasonable adverse effects to
human health and the environment. The goal of the registration review process, as mandated by
statute, is to review pesticide registrations every 15 years to determine whether they continue to
meet the FIFRA standard for registration.208 For pesticides registered before October 1,2007, EPA
is required to make registration review decisions by October 1, 2022. EPA has completed opening
dockets for all 726 cases in registration review. EPA will focus its FY 2023 resources on
completing decisions for cases that are not completed by the FY 2022 statutory deadline and on
cases with 15-year due dates in FY 2023 and beyond. Through FY 2021, EPA has completed a
total of 676 draft risk assessments and 556 final or interim decisions, with 50 draft risk assessments
and 170 final or interim decisions remaining to be completed to meet the FY 2022 statutory
deadline.
EPA fell short of the FY 2021 target of 110 decisions completed through pesticides registration
review. As EPA approaches the October 1, 2022 deadline, many of the remaining cases involve
highly complex scientific and regulatory issues, which have resulted in requests from stakeholders
to extend the comment periods for proposed decisions, lengthening the amount of time needed to
complete the necessary reviews. In addition, EPA continues to await data and/or registrant input
critical to finalizing several registration review decisions. Further ongoing challenges in meeting
the FY 2022 deadline included delayed registrant submittal of additional data, the need for inter-
and intra-agency coordination, and resource constraints.
2°8 por additional information please visit the EPA Pesticide Registration Internet site: https://www.epa.gov/pesticide-registration.
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In FY 2023, EPA will continue enhancements to the Pesticide Registration Information System
(PRISM). Expanding the capabilities of PRISM by integrating more of EPA's regulatory workflow
into a single system will reduce paperwork burden and maximize efficiency, in accordance with
the President's Management Agenda (PMA), by converting paper-based processes into electronic
processes and corresponding workflows for the Pesticide Program's regulated entities. In addition,
PRISM will create an iterative/inclusive, streamlined electronic workflow to support pesticide
product registration, chemical reviews, and assessments, and will be used as a centralized data
repository to electronically store associated data as they relate to regulatory decisions and scientific
information. Overall, the Agency projects that expanding PRISM and related projects will improve
over 150 existing business process workflows supporting the implementation of PRIA. This digital
transformation will consolidate over 30 different custom-built systems into a single platform to
track registration or re-registration of a chemical from the moment EPA receives a case to the final
regulatory decision. Being able to track all reviews in a single system will eliminate the need for
hundreds of spreadsheets or Access databases that are currently used to track work at a team,
branch, divisional or office level. This transformation focuses on improving the employee's
experience only and not on the customer experience which will be the focus beyond FY 2023.
Reducing Pesticide Risks to People through the Registration of Lower Risk Pesticides
In FY 2023, EPA will continue to promote reduced-risk pesticides by giving registration priority
to pesticides that have lower toxicity to humans and non-target organisms such as birds, fish, and
plants; low potential for contaminating groundwater; lower use rates; low pest resistance potential;
and compatibility with Integrated Pest Management (IPM).209 Several other countries and
international organizations also have instituted programs to facilitate registering reduced-risk
pesticides. EPA works with the international scientific community and the Organization for
Economic Cooperation and Development (OECD) member countries to register new reduced-risk
pesticides and to establish related tolerances (maximum residue limits). Through these efforts,
EPA will help reduce risks to Americans from foods imported from other countries.
Protecting Workers from On-the-Job Pesticide Risks
Millions of America's workers are exposed to pesticides in occupations such as agriculture, lawn
care, food preparation, and landscape maintenance. A very large proportion of these workers are
members of communities with EJ concerns. EPA's work in this area will be guided by Executive
Order (EO)13985: Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government and, where regulatory action is taken, by the Agency's Guidance on
Considering Environmental Justice During the Development of an Action210 and its companion
Technical Guidance for Assessing Environmental Justice in Regulatory Analysis 211 Protecting
pesticide applicators, handlers and agricultural workers from potential effects of pesticides is an
important role of the Pesticide Program. Pesticide handlers in a number of sectors may be exposed
to pesticides when they prepare pesticides for use, such as by mixing a concentrate with water or
loading and applying the pesticide. In FY 2023, EPA will continue to support the implementation
209For more information, please see: https://www.epa.gov/pesticide-science-and-assessiiig-pesticide-risks/overview-risk-
assessment-pesticide-program. Please also see EPA's IPM website: https://www.epa.gov/safepestcontro1/integrated-pest-
management-ipm-principles#for more-information.
210 For more information, please see: https://www.epa.gov/environmentaliustice/guidance-considering-environmental-iustice-
during-development-action.
211 For more information, please see: https://www.epa.gov/environmentaliustice/technical-guidance-assessing-environmental-
justice-regulatory-analvsis.
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of the Agricultural Worker Protection Standard (WPS)212 and the Certification of Pesticide
Applicators (CPA)213 regulations through education and outreach, guidance development, and
grant programs. Efforts to implement the WPS include addressing EJ issues in rural communities,
especially by considering farmworkers and their families. Programs include National Farmworker
Pesticide Safety Training and development of pesticide educational resources and training targeted
toward agricultural workers and pesticide handlers. Efforts include addressing the education needs
of the target audience to ensure trainings are effective and in the appropriate cultural context. EPA
also will continue outreach and training to healthcare providers in the recognition and management
of pesticide-related illnesses. Outreach will focus on training health care providers serving the
migrant and seasonal farmworker community, further improving the treatment of agricultural
workers and rural communities potentially exposed to pesticides. Support also will include efforts
to improve reporting of occupation-related pesticide incidents. In addition, EPA will continue to
support the development of resources, training, and educational forums for applicators, including
the development of a virtual pesticide training for certification of private applicators in Indian
Country covered under the EPA-administered plan to meet the requirements of using restricted use
pesticides in agriculture.
Implementation of the CPA also includes continued support of state Pesticide Safety Education
Programs, which play a crucial role in training and certifying pesticide handlers in proper pesticide
use, thereby enabling the handlers to protect themselves and other workers, as well as the public
and the environment. In FY 2023, EPA will focus on implementation of amended state, tribal, and
federal certification programs based on the 2017 CPA rule. EPA will support that effort by
providing technical assistance for updates to state/tribal applicator training materials including
manuals, exams, and other recertification materials to meet the revised Part 171 rule requirements.
Preventing Disease through Public Health Pesticides: Antimicrobial Testing
In reviewing registrations for antimicrobials, EPA is required to ensure that antimicrobials
maintain their effectiveness.214 EPA's Antimicrobial Testing Program (ATP) has been testing
hospital sterilants, disinfectants, and tuberculocides since 1991 to help ensure that products in the
marketplace meet stringent efficacy standards. EPA is currently in the process of developing a new
risk-based testing strategy in response to EPA Office of the Inspector General (OIG)
recommendations made in FY 2016.215 Consistent with the OIG recommendations, EPA
suspended the ATP in November 2017 and released a draft risk-based strategy, renamed the
Antimicrobial Performance Evaluation Program (APEP), in October 2019 for public comment and
will continue to seek public input prior to implementation in FY 2023.
COVID Response
In FY 2023, EPA will continue to review registration requests for new surface and air disinfectants
for SARS-CoV-2 as necessary via the standard registration process and associated deadlines
required by FIFRA. EPA also will continue to update List N, which is a list of registered
disinfectants for use against SARS-CoV-2.
212 For more information, please see: https://www.epa.gov/pesticide-worker-safety/agricultural-worker-protection-standard-wps.
213 For additional information, please visit: https://www.epa.gov/pesticide-worker-safety/revised-certification-standards-
pesticide-applicators.
214 Please see FIFRA section 3(h)(3), 7 U.S.C. 136a(h)(3).
215 For additional information, please visit: https://www.epa.gov/pesticide-registration/antimicrobial-testing-program.
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General Pesticide Outreach and Education
In FY 2023, the Pesticide Program will continue environmental education and training efforts for
growers, pesticide applicators, and workers, as well as the public in general. Giving priority to
reduced risk and Integrated Pest Management (IPM) friendly pesticides are two steps toward
protecting human health. Also, the Pesticide Safety Education Program provides education through
training and is a key component to the implementation of applicator certification programs across
the nation, including on tribal lands and along the US-Mexico border, and helps ensure pesticides
are used in a manner to protect human health and the environment. In addition, EPA will continue
to make information easily accessible to the public and pesticide users, update safety information
on pesticides, support the National Pesticide Information Center216 that provides a bilingual hotline
for pesticide information and develop outreach materials for the public and incident reporting.
Tribal Pesticide Program Council (TPPC)
The Pesticide Program also will continue to manage the Tribal Pesticide Program Council (TPPC)
cooperative agreement. This national partnership group was formed in 1999 as a forum for tribes
and Alaska Native Villages to work with EPA to address pesticide issues and concerns. The TPPC
also provides a forum for tribes and Alaska Native Villages to provide input in developing policies
that would strengthen their pesticide programs, provide guidance for tribes that do not have such
programs, and provide networking opportunities and support for tribal pesticide regulators. In FY
2023, EPA will work with the TPPC to identify concerns related to EJ and climate change that
EPA can begin to address.
Reducing Animal Testing
In FY 2023, the Agency will continue to use its guiding principles on data needs217 to ensure that
it has sufficient information to support strong regulatory decisions to protect human health, while
reducing and, in some cases, eliminating unnecessary animal testing. EPA's Hazard and Science
Policy Council (HASPOC) plays an important role in the implementation of the vision of the 2007
National Academy of Sciences (NAS) report on toxicity testing in the 21st Centurywhich
recommended moving toward smarter testing strategies by waiving human health toxicity studies
that do not provide useful information. Since its inception, HASPOC has waived hundreds of
studies resulting in the saving of tens of thousands of animals and tens of millions of dollars
without compromising the integrity of the science supporting EPA's regulatory decision-making
for pesticides. In addition, the Agency will continue to develop and implement 21st Century
toxicology and exposure methods, including additional retrospective analysis of the reproductive
avian study, development of a waiver framework for carcinogenicity studies, and the use of
computer-modeling and in vitro testing techniques for acute oral toxicity, skin and eye irritation,
and inhalation toxicity. All of these activities advance more efficient and effective human health
risk assessments that support sound, risk-based, regulatory decision-making.
In FY 2023, the Agency will be measuring performance for the second cycle of registration review,
tracking intermediate stages such as docket openings, draft risk assessment completion, and final
registration review case completions under the 15-year cycle of pesticide registration review.
Additionally, EPA will be tracking metrics related to pesticide safety training of farmworkers
216 For additional information, please visit: littp: //npic.orst. edit/.
217 Additional information on reducing animal testing may be found at: https://www.epa.gov/pesticides/new-epa-guidance-testing-
pesticides-will-reduce-animal-testing.
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funded through a 5-year cooperative grant; metric details will be provided by the grantee and will
capture the number of farmworkers trained and knowledge comprehension based on pre- and post-
training assessment.
Performance Measure Targets:
Work under this program supports performance results in the Pesticides: Protect the Environment
from Pesticide Risk Program under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$2,409.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs due to annual payroll increases, adjustments to provide essential
workforce support, and changes to benefits costs.
(+$136.0) This program change is a rebalancing of resources among the Pesticides
programs to increase outreach to overburdened and underserved communities with EJ
concerns.
Statutory Authority:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Federal Food, Drug, and Cosmetic
Act (FFDCA) § 408.
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Pesticides: Protect the Environment from Pesticide Risk
Program Area: Pesticides Licensing
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Ensure Chemical and Pesticide Safety
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SM>.~N
SJW.j-13
SfiJJtJt
Science & Technology
$1,805
$2,207
$2,252
$45
Total Budget Authority
$38,519
$41,750
$48,128
$6,378
Total Workyears
322.1
249.6
259.6
10.0
Total program work years in FY 2023 include 53.2 FTE funded by the Reregistration and Expedited Processing Revolving Fund.
Program Project Description:
The goal of this program, authorized under the Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA), is to protect the environment from the potential risks posed by pesticide use. To achieve
this goal, EPA must conduct risk assessments before the initial registration of each pesticide for
each use, as well as re-evaluate each pesticide at least every 15 years, as required by the Food
Quality Protection Act (FQPA). This periodic review is accomplished through EPA's Pesticide
Registration Review Program.218 In addition to FIFRA responsibilities, the Agency has distinct
obligations under the Endangered Species Act (ESA),219 which include ensuring that pesticide
regulatory decisions will not destroy or adversely modify designated critical habitat or jeopardize
the continued existence of species listed as threatened or endangered by the U.S. Fish and Wildlife
Service (FWS) or the National Marine Fisheries Service (NMFS) (jointly, "the Services").
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.1, Ensure Chemical and Pesticide
Safety in the FY 2022 - 2026 EPA Strategic Plan.
Assessing the Risks Pesticides Pose to the Environment
To accomplish the goals set out in the FIFRA, in FY 2023, EPA will continue to conduct ecological
risk assessments220 to determine what risks are posed by each pesticide to plants, animals, and
ecosystems that are not the targets of the pesticide and whether changes are necessary to protect
these resources.221 In FY 2023, EPA will continue to examine all toxicity and environmental fate
data submitted with each new pesticide registration application to determine what risks the new
218 FIFRA requires EPA to register a pesticide if, among other things, the product "will also not generally cause unreasonable
adverse effects on the environment" when used in accordance with labeling and common practices.
219 For additional information, please visit: https://www.epa.gov/endangered-species.
220 For additional information, please visit: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/factsheet-
ecological-risk-assessment-pesticides.
221 Additional information may be found at: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-
assessment-pesticide-program.
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active ingredient may pose to the environment. When complex scientific issues arise, the Agency
may solicit external review, such as consultation with the FIFRA Scientific Advisory Panel,222 for
independent scientific advice.
Ensuring Proper Pesticide Use through Labeling
In FY 2023, EPA will continue to use pesticide labels to indicate what uses are appropriate and to
ensure that the pesticide is used at the application rates and according to the methods and timing
approved.223
Pesticide Registration Review
In FY 2023, EPA's activities will involve increased efforts on comprehensive risk assessments to
protect the environment. For pesticides registered before October 1, 2007, EPA is required to make
registration review decisions by October 1, 2022. EPA has completed opening dockets for all 726
cases in registration review. EPA will focus its FY 2023 resources on completing decisions for
cases that are not completed by the FY 2022 statutory deadline and on cases with 15-year due dates
in FY 2023 and beyond. Through FY 2021, EPA has completed a total of 676 draft risk
assessments and 556 final or interim decisions, with 50 draft risk assessments and 170 final or
interim decisions remaining to be completed to meet the FY 2022 statutory deadline.
EPA fell short of the FY 2021 target of 110 decisions completed through pesticides registration
review. As EPA approaches the October 1, 2022, deadline, many of the remaining cases involve
highly complex scientific and regulatory issues, which has resulted in requests from stakeholders
to extend the comment periods for proposed decisions, lengthening the amount of time needed to
complete the necessary reviews. In addition, EPA continues to await data and/or registrant input
critical to finalizing several registration review decisions. Further ongoing challenges in meeting
the FY 2022 deadline include delayed registrant submittal of additional data, and the need for inter-
and intra-agency coordination, and resource constraints.
Pesticide Registration and Risk Reduction Through the Use of Safer Pesticides and Methods
EPA has promoted reduced risk pesticides since 1993 by giving registration priority to pesticides
that have lower toxicity to people and non-target organisms such as birds, fish, and plants; low
potential for contaminating groundwater; lower use rates; low pest resistance potential; and
compatibility with Integrated Pest Management (IPM).224'225 In FY 2023, EPA will continue to
assist pesticide users in learning about new, safer products as well as safer methods for using
existing products. Through its Center for IPM, educational webinars, science-based publications,
informational social media outreach, and collaborations with federal partners, states, commodity
222 For additional information, please visit: https://www.epa.gov/sap.
223 Under FIFRA, it is illegal to use a registered pesticide in a manner inconsistent with the label instructions and precautions.
224 Attaining risk reduction would be significantly hampered without availability of alternative products to these pesticides for
consumers. Consequently, the Registration Program's work in ensuring the availability of reduced risk pesticides plays a
significant role in meeting the environmental outcome of improved ecosystem protection. For additional information on pesticide
risk, please visit: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-
program.
225 For additional information on IPM, please visit: https://www.epa.gov/safepestcontrol/integrated-pest-management-ipm-
principles.
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and other non-governmental organizations, the Agency also will encourage the use of IPM tools,
biological pesticides and biotechnology, where they present lower-risk solutions to pest problems.
Reducing Animal Testing
In FY 2023, EPA will continue its efforts to promote the use of alternative methods to whole
animal toxicity testing for characterizing the effects of pesticide active ingredients on terrestrial
and aquatic vertebrates. EPA also will continue its partnership with the National Toxicology
Program Interagency Center for the Evaluation of Alternative Toxicological Methods
(NICEATM). A focus area will be the use of Collaborative Acute Toxicity Modeling Suite
(CATMoS) estimates of acute oral toxicity to replace mammal testing in ecological risk
assessment. EPA also will complete a study of the feasibility of reducing the number of tested
species of fish used to characterize acute effects for the taxa. This effort is expected to complement
EPA's work with other federal agencies to collect, describe, and develop performance-based
evaluations for a suite of in-silico and in-vitro methods for estimating acute lethal endpoints in
fish. By addressing both the endpoint needs and the available estimation tools concurrently, EPA
expects to increase the efficiency of performance evaluation and narrow the scope of needed
estimation methods for consideration, thereby expediting the acceptance process. Additionally,
through stakeholder discussions and participation in intergovernmental working groups, the
Agency will work to identify opportunities to reduce the use of animals in ecological hazard
testing. EPA also will reach out to non-governmental organizations to collaborate on projects (e.g.,
to retrospectively analyze the results of ecological hazard testing). Based on the results of those
projects, EPA will then develop and disseminate guidance materials for companies to clarify
ecotoxicology testing requirements/needs.
Minimizing Environmental Impacts through Outreach and Education
Through public outreach, the Agency will continue to encourage the use of IPM and other practices
to maximize the benefits pesticides can yield while minimizing their impacts on the environment.
As a continued requirement of the Office of Chemical Safety and Pollution Prevention's National
Program Guidance, regional pesticide offices will initiate specific IPM-related projects that target
disadvantaged, overburdened or underserved communities, or vulnerable populations, such as
children attending preschools and tribal schools. The Agency also will develop and disseminate
pesticide safety brochures, videos, links, and webinars which provide education on potential
benefits of IPM, and promote outreach through its Center for IPM on the success of IPM to
encourage its use.226 To encourage responsible pesticide use that does not endanger the
environment, EPA also will reach out to the public through its website and social media accounts,
and to workers and professional pesticide applicators through worker training programs. The
Pesticide Safety Education Program227 provides education to professional pesticide applicators
through training and is a key component to the implementation of applicator certification programs
across the nation and helps ensure pesticides are used in a manner to protect human health and the
environment.
Protection of Endangered Species
EPA is responsible for complying with the Endangered Species Act (ESA) and for ensuring that
federally endangered and threatened species are not harmed from exposure when it registers
226 For additional information, please visit: https://www.epa.gov/safepestcontrol/integrated-pest-management-ipm-principles.
227 For additional information, please visit: https://www.epa.gov/pesticide-worker-safety/pesticide-safety-education-programs-O.
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pesticides. This presents a great challenge given that there are approximately 1,200 active
ingredients in more than 17,000 pesticide productsmany of which have multiple uses.
Endangered species risk assessments are extraordinarily complex, national in scope, and involve
comprehensive evaluations that consider risks to over 1,600 listed endangered species and 800
designated critical habitats in the U.S. with diverse biological attributes, habitat requirements, and
geographic ranges. Given the complexity of evaluating potential effects to diverse listed species,
EPA has been unable to perform ESA evaluations for the vast majority of its actions, which has
resulted in numerous successful litigation challenges for registration and registration review
actions.
In January 2022, EPA announced a new policy whereby all new active ingredient registrations will
only be registered under conditions that comply with ESA.228 To support this action and
incrementally integrate ESA mandates into the pesticide registration process, EPA requests an
additional $4.9 million and 10 FTE for the Pesticide Program in FY 2023. These resources will
support the Program in its efforts to begin making progress towards conducting risk assessments
and making risk management decisions which protect federally threatened and endangered species
from exposure to new active ingredients, in accordance with ESA mandates.
In FY 2023, the Agency also will assess whether listed endangered or threatened species or their
designated critical habitat may be affected by use of pesticide products in a manner described in
reports to Congress.229 Where risks are identified in a biological evaluation, EPA also will work
with the Services in a consultation230 process to ensure these new or existing pesticide registrations
also meet the ESA standard.231 EPA also will continue to develop processes to protect listed species
earlier in the regulatory and consultation processes as resources allow.
During registration review, EPA also will support obtaining risk mitigation earlier in the process
by encouraging registrants to agree to changes in uses and applications of a pesticide that help
protect endangered species prior to completion of EPA's consultations with the Services. In FY
2023, pesticide registration reviews are expected to contain environmental assessments. Selected
assessments also will evaluate potential endangered species impacts. These efforts will continue
to expand the Program's workload due to the need to conduct additional environmental
assessments and identify, evaluate, and implement potential mitigations for listed species.
In FY 2023, in cooperation with the Services and the U.S. Department of Agriculture (USD A), the
Agency will continue to implement its duties under the ESA. EPA also will continue to work with
the Services and USD A to improve the Biological Evaluation methodology to inform the
consultation process and will apply appropriate methods to selected pesticide risk assessments.
The Agency will continue to provide technical support for compliance with the requirements of
the ESA. In FY 2023, EPA also will continue the advancement and integration of state-of-the-art
228 For additional information, please visit: https://www.epa.gov/newsreleases/epa-amiounces-endangered-species-act-protection-
policy-new-pesticides.
229 For additional information, please visit: https://www.epa.gov/endangered-species/reports-congress-improving-consultation-
process-under-endangered-species-act.
230 For additional information, please visit: https://www.epa.gov/endangered-species/assessing-pesticides-under-endangered-
species-act.
231 Additional information on how EPA protects endangered species from pesticides can be found at:
https://www.epa.gov/endangered-species.
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science models, knowledge bases, and analytic processes to increase productivity and better
address the challenge of potential risks of specific pesticides to specific species. Interconnection
of the various databases within the Program also will provide improved support to the risk
assessment process during registration review by allowing risk assessors to analyze complex
scenarios more easily regarding endangered species. EPA also will continue to improve its system
used to implement spatially explicit protections for listed species, Bulletins Live! Two (BLT).232
EPA plans to continue to solicit and receive feedback on the usability of BLT, maintain and
improve the underlying data, and enhance the usability of the system based on feedback as more
bulletins continue to be created and released as part of registration and registration review
decisions.
Pollinator Protection
Bees and other pollinators play a critical role in ensuring the production of food. USDA is leading
the federal government's effort to understand the causes of declining pollinator health and identify
actions that will improve pollinator health. EPA is part of this effort and is focusing on the potential
role of pesticides while ensuring that the pesticides used represent acceptable risks to pollinators
and that products are available for commercial beekeepers to manage pests that impact pollinator
health.
EPA continues to carefully evaluate potential effects that pesticides may have on bees through the
registration of new active ingredients and registration review, in cooperation with the Government
of Canada and the California Department of Pesticide Regulation. EPA is continuing to work with
USDA to identify and address factors associated with declines in pollinator health. EPA also has
been working with a wide range of stakeholders in the government and private sectors, both
domestically and internationally, to develop and implement strategies to address factors associated
with pollinator declines and to ensure that the best available science serves as a foundation for
regulatory decisions. In FY 2023, EPA also will continue to apply the best available science and
risk management methods to reduce potential exposures to pollinators from pesticides.233
Protection of Water Resources
Reduced concentration of pesticides in water sources is an indication of the effectiveness of EPA's
risk assessment, management, mitigation, and communication activities. In FY 2023, the Agency
also will continue to evaluate monitoring data as it prepares aquatic exposure assessments and will
continue to apply risk management measures, when appropriate, to reduce pesticide loadings in
water. EPA also will update aquatic benchmarks so that states and other stakeholders can
determine if measured pesticide levels might impact aquatic life. Water quality is a critical
endpoint for measuring exposure and risk to the environment and a key factor in assessing EPA's
ability to reduce exposure from these key pesticides of concern.234
Performance Measurement
In FY 2023, the Agency will be measuring performance for the registration review cases with 15-
year due dates in FY 2023 and beyond, tracking intermediate stages such as docket openings, draft
232 For additional information, please visit: https://www.epa.gov/endangered-species/bulletiiis-live-two-blt-tutoilal.
233 Additional actions EPA is taking to protect pollinators from pesticides can be found at: https://www.epa.gov/pollinator-
protection.
234 The most sensitive aquatic benchmarks for the chemicals are posted on the website: http://www.epa.gov/pesticide-science-
and-assessing-pesticide-risks/aquatic-life-benchmarks-pesticide-registration.
458
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risk assessment completion, and final registration review case completions under the 15-year cycle
of pesticide registration review. The Agency expects to improve protections to endangered species
by increasing the percentage of new active ingredient registrations and registration review risk
assessments that incorporate considerations of threatened and endangered species and leverage
those improvements for other related processes in subsequent years (e.g., new uses). Additionally,
EPA will be tracking metrics related to pesticide safety training of farmworkers funded through a
5-year cooperative grant; metric details will be provided by the grantee and will capture the number
of farmworkers trained and knowledge comprehension based on pre- and post-training assessment.
Performance Measure Targets:
(PM FIFRA3a) Number of pesticide registration review cases completed
with statutory due dates that fall after October 1,2022.
FY 2022
Target
FY 2023
Target
15
20
(PM FIFRA3b) Number of pesticide registration review dockets opened for
registration review cases with statutory completion dates that fall after
October 1,2022.
FY 2022
Target
FY 2023
Target
25
27
(PM FIFRA3c) Number of draft risk assessments completed for pesticide
registration review cases with statutory completion dates that fall after
October 1,2022.
FY 2022
Target
FY 2023
Target
9
21
(PM ESA1) Percentage of risk assessments supporting pesticide registration
decisions for new active ingredients that consider the effects determinations
or protections for federally threatened and endangered species.
FY 2022
Target
FY 2023
Target
40
50
(PM ESA2) Percentage of risk assessments supporting pesticide registration
review decisions that include effects determinations or protections of
federally threatened and endangered species.
FY 2022
Target
FY 2023
Target
20
30
(PM WPSla) Number of farmworkers receiving EPA-supported WPS
pesticide safety training.
FY 2022
Target
FY 2023
Target
20,000
20,000
(PM WPSlb) Percentage of content knowledge learned by
farmworker/trainees upon completion of EPA-supported WPS pesticide
training.
FY 2022
Target
FY 2023
Target
95
95
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$1,662.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs due to annual payroll increases, adjustments to provide essential
workforce support, and changes to benefits costs.
(+$4,928.0 / +10.0 FTE) This program change will enable the Pesticide programs to begin
to fully comply with the Endangered Species Act. Resources will support the program to
incrementally address ESA mandates in pesticide risk assessments and making risk
management decisions that protect federally threatened and endangered species from
exposure to new active ingredients. This investment also includes $1,818 million in payroll.
459
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(-$257.0) This program change is a rebalancing of resources among the Pesticides
programs to increase outreach to communities with EJ concerns under the Pesticides:
Protection of Human Health Program.
Statutory Authority:
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); Endangered Species Act (ESA).
460
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Pesticides: Realize the Value of Pesticide Availability
Program Area: Pesticides Licensing
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Ensure Chemical and Pesticide Safety
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
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Budget v.
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CR
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.S 24V
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$645
$876
$984
$108
Total Budget Authority
$6,680
$8,606
$8,963
$357
Total Workyears
35.3
35.8
35.8
0.0
Program Project Description:
This program seeks to realize the value of pesticides that can be used safely to yield many benefits,
such as killing viruses and bacteria in America's hospitals. These benefits also include guarding
the Nation's abundant food supply, protecting the public from disease-carrying pests, and
protecting the environment from the introduction of invasive species from other parts of the world.
In fulfilling its mission, the Program manages the following types of pesticide registrations and
regulatory actions under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA):235
Special Local Needs under FIFRA Section 24(c);
Federal registrations at the national level under FIFRA Section 3;
Experimental Use Permit Section 5;
Emergency, Quarantine, and Crisis Exemption Section 18; and
Periodic review of existing chemicals under the Registration Review Program.236
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.1, Ensure Chemical and Pesticide
Safety in the FY 2022 - 2026 EPA Strategic Plan.
Meeting Agriculture's Need for Safe. Effective Pest Control Products
With the passage of the Food Quality Protection Act (FQPA), Congress acknowledged the
importance of and need for "reduced-risk pesticides" and supported expedited agency review to
235 The primary federal law that governs how EPA oversees pesticide manufacture, distribution, and use in the United States is the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Originally enacted in 1947, FIFRA has been significantly amended
several times, including by the Food Quality Protection Act of 1996 (FQPA) and the Pesticide Registration Improvement Extension
Act of 2018 (PRIA). FIFRA requires that EPA register pesticides based on a finding that they will not cause unreasonable adverse
effects to people and the environment, taking into account the economic, social, and environmental costs and benefits of the use of
any pesticide.
236 Additional information may be found here: https://www.epa.gov/pesticide-registration/types-registrations-uiider-fifra.
461
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help these pesticides reach the market sooner and replace other pesticides of higher risk.237 In FY
2023, EPA will continue to support and develop procedures and guidelines for expedited review
of applications for registration or amendments for reduced risk pesticides.
Registration of Generic Pesticides
FIFRA authorizes EPA to register products that are identical to or substantially similar to already
registered products (also known as "me too products"). Applicants for these products may rely on,
or cite data already submitted by another registrant. The entry of these new products into the
market can cause price reductions resulting from new competition and broader access to products,
benefitting farmers and consumers. The Agency will continue to prioritize and review generic
registrations consistent with the statutory decision-making schedule. Application submissions for
these actions can generally be reviewed in four months. The Agency completed 1,256 "me too"
new products and amendments in FY 2021. The Agency expects to complete a similar volume of
registrations in FY 2023.
Outreach and Education
The Pesticide Program is invested in outreach and training efforts for people who use pesticides
and the public in general. In FY 2023, the Agency will continue to encourage Integrated Pest
Management (IPM), which emphasizes minimizing the use of broad-spectrum chemicals and
maximizing the use of sanitation, biological controls, and selective methods of application.
Providing on-the-ground assistance to our partners EPA's regional offices work with states, tribes,
and territories to implement their pesticide programs and carry out IPM projects that inform
pesticide users about the pest control options, which pesticides to use, how to use them, and how
to maintain the site so pests do not return. In addition, the Pesticide Program and its Center for
IPM will provide outreach through webinars on a range of pest management and pollinator
protection topics, many of which are of importance in areas with environmental justice (EJ)
concerns and tribal communities.
Review and Registration
During FY 2023, EPA will continue to review and register new pesticides and new uses for existing
pesticides, and act on other registration requests in accordance with FIFRA and Federal Food,
Drug, and Cosmetic Act standards, as well as Pesticide Registration Improvement Extension Act
of 2018 (PRIA 4) timeframes. Many of these actions will be for reduced-risk conventional
pesticides and biopesticides, which, once registered and used by consumers, will increase societal
benefits, including for infants and children as well as susceptible subpopulations. Working
together with the affected communities, through IPM and related activities, the Agency plans to
accelerate the adoption of lower-risk products. EPA also will continue to support implementation
of other IPM-related activities and partner in the development of tools and informational brochures
to promote IPM efforts and provide guidance to schools, farmers, other partners, and stakeholders,
ensuring that information and communications are accessible by members of communities with EJ
concerns.
237 The law defines a reduced risk pesticide as one that "may reasonably be expected to accomplish one or more of the following:
(1) reduces pesticide risks to human health; (2) reduces pesticide risks to non-target organisms; (3) reduces the potential for
contamination of valued, environmental resources, or (4) broadens adoption of Integrated Pest Management (IPM) or makes it
more effective."
462
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The Agency's work harmonizing pesticide tolerance levels with our top trade partners will reduce
international trade barriers. For FY 2023, EPA will undertake regulatory decisions on an estimated
seven new chemicals with food uses. For each of these evaluations, EPA will consider whether
there are existing Maximum Residue Levels (MRLs) set by trade partners and whether the science
supports harmonizing with those levels in which tolerance harmonization will be a component of
a portion of these decisions. Also, during FY 2023, EPA will continue rule-making efforts to
improve its crop group system which provides the regulatory definitions for crops which are in
inter-state and international commerce. EPA is currently pursuing Phase VI of its proposed
revisions to pesticide tolerance crop group regulations.
Emergency. Quarantine, and Crisis Exemptions
In FY 2023, EPA will continue to prioritize emergency exemptions under FIFRA Section 18,
which authorizes EPA to allow an unregistered use of a pesticide for a limited time in the event of
an emergency, such as a severe pest infestation, public health emergency, or invasive pest species
quarantine. The economic benefit of the Section 18 Program to growers is the avoidance of losses
incurred in the absence of pesticides exempted under FIFRA's emergency exemption provisions.
In addition, exemptions serve as important public health controls to avert pests that may cause
significant risk to human health. In FY 2021, the Agency received 76 requests for emergency uses
and expects to receive a similar number of requests in FY 2023.
Performance Measurement
In FY 2023, the Agency will be measuring performance for the registration review cases with 15-
year due dates in FY 2023 and beyond, tracking intermediate stages such as docket openings, draft
risk assessment completion, and final registration review case completions under the 15-year cycle
of pesticide registration review. The Agency expects to improve protections to endangered species
by increasing the percentage of new active ingredient registrations and registration review risk
assessments that incorporate considerations of threatened and endangered species and leverage
those improvements for other related processes in subsequent years (e.g., new uses). Additionally,
EPA will be tracking metrics related to pesticide safety training of farmworkers funded through a
5-year cooperative grant; metric details will be provided by the grantee and will capture the number
of farmworkers trained and knowledge comprehension based on pre- and post-training assessment.
Performance Measure Targets:
Work under this program supports performance results in the Pesticides: Protect the Environment
from Pesticide Risk Program under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$301.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs due to annual payroll increases, adjustments to provide essential
workforce support, and changes to benefits costs.
(-$52.0) This program change is a rebalancing of resources among the Pesticides programs
to increase outreach to overburdened and underserved communities with EJ concerns under
the Pesticides: Protection of Human Health Program.
463
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Statutory Authority:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Federal Food, Drug, and Cosmetic
Act (FFDCA) § 408.
464
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Resource Conservation and Recovery Act (RCRA)
465
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RCRA: Corrective Action
Program Area: Resource Conservation and Recovery Act (RCRA)
Goal: Safeguard and Revitalize Communities
Objective(s): Clean Up and Restore Land for Productive Uses and Healthy Communities
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
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Budget v.
FY 2022 Annualized
CR
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Total Budget Authority
$33,921
$38,453
$39,820
$1,367
Total Workyears
168.9
174.4
174.4
0.0
Program Project Description:
To reduce risks from exposure to hazardous wastes, EPA's Resource Conservation and Recovery
Act (RCRA) Corrective Action Program ensures that contaminated facilities subject to RCRA
requirements are cleaned up by the responsible party, returns contaminated property to productive
use, and keeps costs from being transferred to the taxpayer-funded portion of the Superfund
Program. Pursuant to EPA promulgated regulations and administrative orders under RCRA, EPA
and authorized states will continue to oversee cleanups conducted by facility owner/operators to
ensure that the facilities meet their cleanup obligations and to protect taxpayers from having to pay
the bill. Approximately 113 million Americans live within three miles of a RCRA corrective action
facility (roughly 35 percent of the U.S. population),238 and the total area covered by these
corrective action sites is approximately 18 million acres.239
EPA works in close partnership with 44 states and one territory authorized to implement the
Corrective Action Program240 to ensure that cleanups are protective of human health and the
environment. The Corrective Action Program allows for the return of properties to beneficial use,
which benefits the surrounding communities, reduces liabilities for facilities, and allows facilities
to redirect resources to productive activities. The Agency provides program direction, leadership,
and support to its state partners. This includes specialized technical and program expertise, policy
development for effective program management, national program priority setting, measurement
and tracking, training and technical tools, and data collection/management/documentation. In
addition, through work-sharing, the Agency serves as lead or support for a significant number of
complex and challenging cleanups in both non-authorized and authorized states.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.1, Clean Up and Restore Land for
Productive Uses and Healthy Communities in the FY 2022 - 2026 EPA Strategic Plan.
238 U.S. EPA, Office of Land and Emergency Management 2021. Data collected includes: (1) RCRA CA site information as of the
end of FY2020; and (2) population data from the 2015-2019 American Community Survey.
239 Compiled RCRAInfo data.
240 State implementation of the Corrective Action Program is funded through the STAG Categorical Grant: Hazardous Waste
Financial Assistance and matching state contributions.
466
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In FY 2023, the Corrective Action Program will focus its resources on continuing cleanup of
approximately 3,924 priority contaminated facilities (the Corrective Action Progress Track),
which include highly contaminated and technically challenging sites, and on assessing others to
determine whether cleanups are necessary. As of the end of FY 2021, only 40 percent of these
facilities have completed final and permanent cleanups, leaving approximately 2,300 facilities still
needing oversight and technical support to reach final site-wide cleanup objectives. In FY 2021,
EPA approved 146 RCRA corrective action facilities as ready for anticipated use (RAU), bringing
the total number of RCRA RAU facilities to 1,789. In addition, in FY 2021 the Program achieved
remedy construction at 57 facilities, resulting in a total of 2,836 with remedies constructed, and
achieved performance standards attained at 64 facilities, resulting in a total of 1,583 facilities with
standards attained.241 The Program's goals are to control human exposures, control migration of
contaminated groundwater, complete final cleanups for the Corrective Action Progress Track
facilities, and identify, assess, and clean up additional priority facilities.
In FY 2023, EPA will:
Continue to make RCRA corrective action sites RAU, ensuring that where possible
properties are returned to productive use and human health and the environment are
protected into the future.
Assess its universe of cleanup facilities, priorities, and measures to ensure that resources
are focused on addressing those facilities that present risk to human health and the
environment by implementing actions to end or reduce these threats.
Provide technical assistance to authorized states in the areas of site characterization,
sampling, remedy selection, reaching final cleanup goals, and long-term stewardship for
cleanups with contamination remaining in place in order to support communities at risk
from multiple health stressors and/or climate change impacts.
Prioritize and focus the Program on completing site investigations to identify the most
significant threats, establish interim remedies to reduce or eliminate exposure, and select
and construct safe, effective long-term remedies that also maintain the economic viability
of the operating facility.
For high priority facilities, perform cleanup work under work-sharing agreements to assist
with facilities that have complex issues242 or special tasks.
Continue to improve cleanup approaches and share best practices and cleanup
innovations243 to speed up and improve cleanups.
241 For more information, please refer to: https://www.epa.gov/hw/lists-facilities-resource-conservation-and-recovery-act-rcra-
2020-corrective-action-baseline.
242 For example, vapor intrusion, wetlands contamination, or extensive groundwater issues.
243 For more information, please refer to: https://www.epa.gov/hw/toolbox-corrective-action-resource-conservation-and-recoverv-
act-facilities-investigation-remedy.
467
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Continue analysis on potential modifications to regulations to clarify the definition of
hazardous waste found in RCRA section 1004(5) as it relates to corrective action for
releases from solid waste management units.
Update and maintain RCRAInfo, which is the primary data system that many states rely
upon to manage their RCRA permitting, corrective action, and hazardous waste generator
programs. RCRAInfo receives data from hazardous waste handlers for the National
Biennial RCRA Hazardous Waste Report. The last biennial report in 2019 showed there
were 26,284 generators of over 33 million tons of hazardous waste. RCRAInfo provides
the only national-level RCRA hazardous waste data and statistics to track the
environmental progress of approximately 20,000 hazardous waste units at 6,600 facilities.
Contribute to efforts ensuring the proper management, disposal, and cleanup of per- and
polyfluoroalkyl substances (PFAS).
Performance Measure Targets:
(PM RSRAU) Number of RCRA corrective action facilities made ready for
anticipated use.
FY 2022
Target
FY 2023
Target
114
100
(PM CA5RC) Number of RCRA corrective action facilities with final
remedies constructed.
FY 2022
Target
FY 2023
Target
55
55
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$1,339.0) 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.
(+$28.0) This program change supports RCRA Corrective Action activities including
cleanups.
Statutory Authority:
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA)
§§ 3004, 3005, 8001.
468
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RCRA: Waste Management
Program Area: Resource Conservation and Recovery Act (RCRA)
Goal: Safeguard and Revitalize Communities
Objective(s): Reduce Waste and Prevent Environmental Contamination
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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EPA directly implements the RCRA Program in Iowa and Alaska and provides leadership, work-
sharing, and support to the remaining states and territories authorized to implement the permitting
program. Additionally, the Toxic Substances Control Act (TSCA) polychlorinated biphenyls
(PCB) cleanup and disposal program is implemented under the Waste Management Program to
reduce PCB exposure from improper disposal, storage, and spills. The Program reviews and
approves PCB cleanup, storage, and disposal activities. This federal authority is not delegated to
state programs. PCBs were banned in 1979, but legacy use and contamination still exists, and
PCBs can still be released into the environment from poorly maintained hazardous waste sites that
contain them.
Maintaining updated permits and controls ensures that facilities: 1) have consistent and protective
standards to prevent release; 2) have proper standards for waste management to protect human
health, prevent land contamination/degradation; and 3) avoid future cleanups and associated
substantial costs. EPA will work with authorized states to ensure that permit decisions, including
decisions to issue, renew, or deny permits, reflect the latest technology and standards. EPA also
will work with authorized states to ensure that all communities, including those who are
marginalized and overburdened, have an equitable opportunity to engage in the permitting process.
In FY 2020, EPA and the states implemented the Generator Improvement Rule which updated and
modernized the regulations for hazardous waste generators to bring them into the 21st Century.
There continues to be increased public and congressional attention to issues around post-consumer
materials management, including plastics, in the environment and EPA's role in addressing them
(e.g., ocean plastics, environmental justice concerns in countries to whom the U.S. exports plastics,
and the climate impacts of single-use plastics). Marine litter is an increasingly prominent global
issue that can negatively affect domestic water quality, tourism, industry, and public health. Some
of this marine debris comes from human activity at sea, and it makes its way into our waterways
from land, creating a direct link between waste management practices and ocean pollution.247 The
Save Our Seas 2.0 Act,248 enacted in December 2020, demonstrates bipartisan congressional
interest and provides EPA with authority to further act on post-consumer materials management.
The Program also plays a central role in establishing and updating standards for analytical test
methods that are used across the country and the world to provide consistent, reliable
determinations as to whether waste is hazardous, as well as the presence and extent of hazardous
waste in the environment. This work provides the foundation that underlies waste management
approaches and ensures that method standards evolve with technology for conducting these
analyses.
In addition to overseeing the management of hazardous waste under RCRA Subtitle C, EPA also
plays a role in solid waste management under Subtitle D. While much of this area is delegated to
the states, EPA is actively working on aspects of coal combustion residuals (CCR) under this area
of the law, including the establishment and refinement of appropriate regulations and, as directed
by the 2016 Water Infrastructure Improvements for the Nation Act (WIIN Act), developing a new
federal permitting program for CCR surface impoundments and landfills. In implementing
247 U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, "Ten Things you
should Know about Marine Debris," https://oceanservice.noaa.gov/news/marinedebris/ten-things.htinl.
248 For additional information, please refer to: https://www.c0ngress.g0v/l 16/plaws/publ224/PLAW-l 16publ224.pdf.
470
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regulations for CCR, EPA is taking action to ensure that the concerns of nearby communities are
addressed in a protective manner.
While the majority of the work is focused on domestic issues, the Program also is responsible for
issues related to international movement of wastes. EPA oversees the tracking and management of
hazardous waste imports and exports. Most of these movements are for recycling and, thus, are
critical to resource conservation. In coordination with other agencies and departments, EPA
represents the U.S. Government in numerous international forums concerned with waste issues.
This representation is vital to protecting U.S. interests and furthering U.S. policy goals.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.2, Reduce Waste and Prevent
Environmental Contamination in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the RCRA Waste Management Program will:
Provide technical assistance, guidance, tools, and support to regions, states, and tribes
regarding the development and implementation of solid waste programs (e.g., the RCRA
hazardous waste generator, transporter, treatment, storage, and disposal regulations and
implementing guidance; the RCRA non-hazardous waste program; the TSCA PCB
disposal and cleanup program; and the hazardous waste import/export program).
Provide technical and implementation assistance, oversight, and support to facilities that
generate, treat, store, recycle, and dispose of hazardous waste.
Review and approve PCB cleanup, storage, and disposal activities to reduce exposures,
particularly in sensitive areas like schools and other public spaces. Issuing PCB approvals
is a federal responsibility, non-delegable to states.
Manage and monitor the RCRA permitting program and ensure the issuance of permit
efficiently to achieve program goals. This includes progress towards meeting the Agency's
goal of increasing the percentage of permits kept up to date for the approximately 6,700
hazardous waste units (e.g., incinerators, landfills, and tanks) located at 1,300 treatment,
storage, and disposal permit facilities.
Continue analysis of existing regulations to ensure protective standards for managing solid
and hazardous waste and PCBs. In FY 2023, this includes assessment of standards related
to open burning/open detonation of hazardous waste, PCB cleanup and disposal, and other
regulatory amendments to reflect current standards, policies, and practices.
Manage the hazardous waste import/export notice and consent process in order to make
shipping hazardous waste across borders more efficient. Managing hazardous waste
imports and exports is a federal responsibility, non-delegable to states.
471
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Provide technical hazardous waste management assistance to tribes to encourage
sustainable practices and reduce exposure to toxins from hazardous waste.
Directly implement the RCRA Program in unauthorized states, on tribal lands, and other
unauthorized portions of state RCRA programs. Issue and update permits, including
continuing to improve permitting processes.
Establish and update standards for analytical test methods that are used across the country
and the world to provide consistent, reliable determinations as to whether waste is
hazardous, as well as the presence and extent of hazardous waste in the environment.
Take action as necessary regarding regulations to ensure protective management of CCR.
The Agency has promulgated regulations specifying improved management and disposal
practices to ensure people and ecosystems are protected. The Agency will continue to work
with our stakeholders as we develop and implement regulations, through technical
assistance and guidance.
Implement applicable provisions of the WIIN Act, which enables states to submit state
CCR permit programs for EPA approval. The Agency will continue to work closely with
state partners to review and make determinations on state programs. Subject to
appropriations, EPA will implement a permit program for CCR disposal facilities on tribal
lands as well as participating states.
EPA requests approximately $7.1 million and 28 FTE to support EPA's CCR permit
program. Activities include authorizing and working with authorized states that wish to
stand up their own permit program and supporting the regulated community as they work
to comply with the requirements of the CCR Program. Additional resources also will
support the establishment, effective development, and launch of the federal permitting
program. Without this investment, state permit programs may be put in place at a rate of
1-2 per year, needed rulemaking will extend into the future, and facilities will proceed
along closure and corrective action paths that may be non-compliant and not protective of
human health and the environment.
As part of an EPA effort to reduce ocean pollution and plastics, the Program will provide
technical expertise and funding to support development and implementation of solid waste
management systems and infrastructure to help ensure that non-hazardous waste items are
appropriately collected, recycled, reused, or properly disposed of to prevent litter from
entering waterways from land.
Performance Measure Targets:
(PM HW5) Number of updated permits issued at hazardous waste facilities.
FY 2022
FY 2023
Target
Target
90
100
472
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$2,195.0) 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.
(+$7,083.0 / +28.0 FTE) This program change is an increase to support the new CCR
permit program, including working to authorize or with authorized state CCR programs as
well as the establishment, effective development, and launch of the federal permitting
program. This investment includes $5.05 million in payroll.
Statutory Authority:
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA)
§§ 3002, 3004, 3005, 3017; Toxic Substances Control Act (TSCA) § 6. Save our Seas 2.0, 2020,
Pub. L. 116-224.
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RCRA: Waste Minimization & Recycling
Program Area: Resource Conservation and Recovery Act (RCRA)
Goal: Safeguard and Revitalize Communities
Objective(s): Reduce Waste and Prevent Environmental Contamination
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SS.-IO-I
S9.9S2
snu-/-/
S-/62
Total Budget Authority
$8,404
$9,982
$10,444
$462
Total Workyears
44.2
43.4
43.4
0.0
Program Project Description:
The RCRA Waste Minimization and Recycling Program supports the sustainable management of
resources, including managing materials that sustainably promote economic growth, reduce
environmental impacts, and advance a circular economy for all.
The U.S. recycling industry provides approximately 680,000 jobs and $5.5 billion annually in
tax revenues and there is opportunity for greater contribution to the economy and environmental
protection, as recent data indicate materials worth as much as $9 billion are thrown away each
year.249 Recycling is an important part of a circular economy, which refers to a system of activities
that is restorative to the environment, enables resources to maintain their highest values, and
designs out waste. A circular economy approach provides direct, measurable reductions in
greenhouse gas emissions, as natural resource extraction and processing make up approximately
50 percent of total global greenhouse gas (GHG) emissions.250
Further, living near waste and waste-related facilities can place burdens on communities when
waste is not properly managed, which can lead to higher levels of chronic health issues.
Communities whose residents are predominantly persons of color, Indigenous, or low-income
continue to be disproportionately impacted by high pollution levels, resulting in adverse health
and environmental impacts. It is critical to implement materials management strategies that are
inclusive of communities with environmental justice concerns as well as pursue innovations that
offer the benefits of cleaner processing of materials to all. Recycling is not enough to achieve a
circular economy, but it is an important part of addressing climate change, creating jobs, and
reducing environmental and social impacts.
As directed by Congress, EPA developed a draft National Recycling Strategy in 2020 to begin to
address the challenges facing the recycling system to accelerate the move towards a circular
economy both domestically and internationally. The Agency established a National Recycling
249 For more information, please refer to: https://www.epa.gov/smm/recycling-economic-information-rei-ieport.
250 U.N. Environment International Resource Panel, Global Resources Outlook, 2019, p. 8.
https://www.resourcepanel.org/reports/global-resources-outlook.
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Goal to increase the recycling rate from a rate of 32.1 percent in 2018 to 50 percent by 2030,251
and finalized and released the National Recycling Strategy on November 15,2021.252 The National
Recycling Strategy is part one of a series of strategies the Agency will be developing to build a
stronger, more resilient, and cost-effective recycling system and a circular economy for all.
Reducing waste helps alleviate burdens on populations that bear the brunt of poorly run waste
management facilities and transfer stations. When applied to critical minerals, a circular economy
approach facilitates end-of-life recycling and the recovery of critical minerals in order to support
a secure supply chain. Future strategies will focus on plastics, critical minerals and electronics,
food waste/organics, textiles, and the built environment (e.g., construction and demolition debris).
Congressional and public interest continues to grow regarding plastics in the environment and
EPA's role in addressing them (e.g., ocean plastics, environmental justice concerns in countries to
whom the U.S. exports plastics, and the climate impacts of single-use plastics). The Save Our Seas
2.0 Act,253 enacted in December 2020, demonstrates bipartisan congressional interest and provided
EPA with authority to further act on domestic recycling and address plastic waste through new
grant programs, studies, and increased federal coordination. Additionally, IIJA provides funding
for grants under section 302(a) of the Save Our Seas 2.0 Act as well as education and outreach
grants focused on improving material recycling, recovery, and management. The IIJA also
establishes new programs focused on battery recycling and directs EPA to develop a model
recycling program toolkit, increase coordination and review of federal procurement guidelines,
and provide assistance to the educational community to incorporate recycling best practices into
curriculum.
The RCRA Waste Minimization and Recycling Program also promotes the efficient management
of food as a resource. Reducing food loss and waste means more food for communities, fewer
greenhouse gas emissions and climate impacts, and increased economic growth. EPA works to
meet the national goal of reducing food loss and waste by 50 percent by 2030, by providing
national estimates of food waste generation and management; convening, educating, and
supporting communities seeking to reduce food waste; working collaboratively with the U.S.
Department of Agriculture and U.S. Food and Drug Administration to reduce food waste; and
providing funding to demonstrate anaerobic digester applications.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.2, Reduce Waste and Prevent
Environmental Contamination in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will focus on efforts to strengthen the U.S. recycling system by investing in solid
waste management infrastructure and consumer education and outreach, address the global issue
251 In 2018, in the United States, approximately 292 million tons of municipal solid waste (MSW) were generated. Of the MSW
generated, approximately 94 million tons were recycled or composted, equivalent to a 32.1 percent recycling and composting
rate, https://www.epa.gov/sites/default/files/2021-01/documents/2018 ff fact sheet dec 2020 fill 508.pdf.
252 For more information, please refer to: https://www.epa.gov/system/files/docuiiients/2021-ll/final-national-recycliiig-
strategy.pdf.
253 For more information, please refer to: https://www.congress.gov/116/plaws/publ224/PLAW-116publ224.pdf.
475
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of plastic waste, engage communities, and prevent and reduce food loss and waste. The Program
will conduct the following activities:
Provide national leadership and direction on approaches to reduce environmental impacts
and increase the safe and effective reuse/recycling of materials, with a special focus on
plastic waste, critical minerals and electronics, and food waste.
Contribute towards global climate change efforts and demonstrate U.S. leadership
internationally through participation in resource efficiency dialogues.
Implement the National Recycling Strategy collaboratively with stakeholders and track
progress towards achieving the national recycling goal. Develop and implement additional
strategies in key areas with the greatest potential to reduce the lifecycle impacts of
materials, including municipal solid waste; plastic waste, food waste, critical minerals and
electronics (e.g., batteries), textiles, and construction and demolition debris.
Expand efforts to gather data and provide high-quality scientific information on materials
management, including finalizing an assessment of the investment required to modernize
waste management infrastructure to achieve consistent collection across the Nation and to
provide all citizens with access to recycling services on par with access to disposal;
collecting data on curbside recycling and single-use plastics; conducting an analysis of
different policy approaches for recovering materials; and finalizing a study on the social
costs associated with nonrecycling or uncontrolled disposal.
Administer grant programs for state, territorial, tribal, and local governments to build and
enhance recycling capacity, infrastructure, and consumer education and outreach around
the country. The grant programs will support state, territorial, and tribal communities
seeking to enhance their capacity to recover and recycle materials by modernizing local
waste management systems and improving education and outreach.
Develop and administer a model recycling program toolkit for use in carrying out the
consumer education and outreach grant program. Provide assistance to the educational
community to promote the introduction of recycling principles and best practices into
public school curricula.
Continue developing and finalizing studies as required by Save Our Seas 2.0 Act to address
post-consumer materials management, including plastic waste.
Continue coordinating with federal agencies to reduce food waste in their facilities, initiate
food waste prevention pilot projects, and connect stakeholders with food waste reduction
technologies such as anaerobic digestion.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$299.0) 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.
(+$163.0) This program change increases programmatic activities including the reduction
of waste generation at the source.
Statutory Authority:
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA).
Save our Seas 2.0 Act, 2020, Pub. L. 116-224, Consolidated Appropriations Act, 2022, Pub. L.
117-103.
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Toxics Risk Review and Prevention
478
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Endocrine Disruptors
Program Area: Toxics Risk Review and Prevention
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Ensure Chemical and Pesticide Safety
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S ,\20V
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Total Budget Authority
$5,209
$7,533
$7,614
$81
Total Workyears
6.6
7.6
7.6
0.0
Program Project Description:
The Endocrine Disruptor Screening Program (EDSP) was established in 1996 under authorities
contained in the Food Quality Protection Act (FQPA) and the Safe Drinking Water Act (SDWA)
amendments. The EDSP is transitioning to the use of high throughput (HT) screening and
computational toxicology (CompTox)254 tools to: screen thousands of chemicals for endocrine
activity; establish policies and procedures for screening and testing; and evaluate data to ensure
chemical safety by protecting public health and the environment from endocrine disrupting
chemicals. Implementing EDSP work into the Agency's risk assessment and risk management
functions supports EPA's environmental justice (EJ) priorities, both by targeting substances based
on effects to sensitive life stages and deploying rapid methods for assessing disparate chemical
exposures to vulnerable communities.
EPA has run thousands of chemicals through HT assays, including the estrogen receptor (ER) and
androgen receptor (AR) pathway models and the HT steroidogenesis assay. To further support the
evaluation and validation of HT approaches, the EDSP has completed some limited targeted in
vivo Tier 1 & 2 assays and is conducting systematic reviews of relevant in vivo data meeting EPA
guidelines.
The Agency continues to engage the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Scientific Advisory Panel (SAP) in the scientific peer review of HT tools including ToxCast255 to
evaluate their use in chemical screening as alternatives to Tier 1 assays and to integrate into more
complex evaluation frameworks. Embedded into the EDSP approach is a focus on sensitive life
stages during the tiered testing and assessment processes. As this data is incorporated into
conceptual risk assessment models, it can specifically inform decisions on vulnerable
subpopulations. Further, as EDSP prioritizes future chemical assessments, HT tools such as
ExpoCast256 will assist in the identification of priority chemical targets with vulnerable
subpopulations and EJ concerns for further investigation.
254 For additional information, please visit: https://www.epa.gov/endocrine-disruption/use-high-throughput-assays-and-
computational-tools-endocrine-disruptor.
255 For additional information, please visit: https://www.epa.gov/chemical-research/toxicity-forecasting.
256 For additional information, please visit: https://www.epa.gov/chemical-research/rapid-chemical-exposure-and-dose-research.
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FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.1, Ensure Chemical and Pesticide
Safety in the FY 2022 - 2026 EPA Strategic Plan.
Under the current tiered framework, imposing the EDSP Tier 1 battery for all 10,000+ substances
in the EDSP Universe of Chemicals would cost the regulated community more than $10 billion in
addition to EPA resources for staff to manage the regulatory infrastructure to order and review the
tests. Given the current national and international laboratory testing capacity, it would take many
years to complete, and involve the sacrifice of many millions of animals. To address these issues,
in FY 2023, the Agency will:
Continue collaborations with EPA's research programs in order to increase scientific
confidence in HT approaches which will support a more refined, integrated endocrine activity
exposure-based approach to EDSP chemical screening;
Continue execution of a multi-year plan for implementation of the EDSP for pesticide active
ingredients and inerts; and,
In collaboration with EPA's research programs, continue HT screening on pesticide substances
that were not part of the ToxCast chemical sets.
In FY 2023 these efforts will address several key milestones including: (1) working towards
finalizing EDSP List 1, Tier 1 decisions including potential initiation of Tier 2 assays; and (2)
implementing EDSP evaluations of pesticide active ingredients to support pesticide registrations
and registration review, in line with Administration priorities on EJ. The EDSP screening and
testing framework explicitly includes evaluations on vulnerable subpopulations such as differences
among lifestages such as pregnancy, infants, and early childhood. Moreover, the EDSP Tier 1
battery is designed to identify potential effects on reproduction, a key indicator for EJ.
In FY 2021, the EDSP was the subject of an EPA Office of Inspector General (OIG) report;257 the
milestones above are consistent with that report. In response to this report, in FY 2022, the EDSP
plans to begin annual reporting on progress, develop a short-term strategy to support
implementation, develop short-term performance metrics, and release a key document related to
use of new approach methodologies (NAMs) in the EDSP. In response to the OIG, EPA has already
established better communications between offices with testing responsibilities and updated the
EDSP webpage to be more informative for stakeholders.258 In FY 2023, in addition to the
milestones above, the EDSP will continue to make progress on additional items to meet FY 2024
deadlines, including potential issuance of test orders on outstanding chemicals and determinations
of the endocrine-relevant data to make mandatory as part of the pesticide registration process.
As outlined in the OIG report, during FY 2023, EPA plans to begin and continue incorporating
EDSP into the regulatory programs for which it was intended. Planning for this remains ongoing,
including development of a new strategic planning document focused on implementation,
development of performance measures, and annual reviews. Further, no program has
257 For additional information on OIG's report "EPA's Endocrine Disruptor Screening Program Has Made Limited Progress in
Assessing Pesticides," please visit: https://www.epa.gov/office-inspector-general/report-epas-endocrine-disruptor-screening-
pro gram-ha s-inade-limited.
258 For additional information, please visit: https://www.epa.gov/endocrine-disruption.
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systematically incorporated HT and CompTox tools and results into their regulatory decision-
making. A refined, multi-year estimate beyond the baseline testing and review costs cannot be
established until the Program has gained more experience with actual decisions.
The EDSP will continue to collaborate with relevant bodies and international partners, such as the
Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) and
the Organisation for Economic Co-operation and Development (OECD) to maximize the
efficiency of EPA's resources and promote adoption of internationally harmonized test methods,
particularly high throughput or computational approaches, for evaluating the potential endocrine
effects of chemicals. EPA represents the U.S. as either the lead or a participant in OECD projects
involving the improvement of assay systems, including the development of non-animal screening
and testing methods.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$66.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
(+$15.0) This program change increases contractual support for pesticide evaluations
under the EDSP.
Statutory Authority:
Federal Food Drug and Cosmetic Act (FFDCA),
§ 1457.
§ 408(p); Safe Drinking Water Act (SDWA),
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Pollution Prevention Program
Program Area: Toxics Risk Review and Prevention
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Promote Pollution Prevention
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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S12.55X
S/ ',121
S
Total Budget Authority
$11,476
$12,558
$17,121
$4,563
Total Workyears
48.3
49.2
58.2
9.0
Program Project Description:
The Pollution Prevention (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 also is the primary implementation mechanism for the Pollution
Prevention Act (PPA) of 1990. The P2 Program seeks to alleviate environmental problems by
leveraging business-relevant approaches to achieve significant reductions in the generation of
hazardous releases to air, water, and land; reductions in the use of hazardous materials; reductions
in the generation of greenhouse gases; and reductions in the use of water. As a result of these
preventative approaches, the P2 Program helps businesses and others reduce costs and access
market opportunities. The Program's efforts advance the Agency's priorities to pursue
sustainability, to take action on climate change, to make a visible difference in communities,
including overburdened and underserved communities with environmental justice (EJ) concerns,
and to ensure chemical safety. The P2 Program includes a counterpart P2 Categorical Grants
Program in the State and Tribal Assistance Grants (STAG) account.259
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.2, Promote Pollution Prevention in the
FY 2022 - 2026 EPA Strategic Plan. FY 2023 funding will continue to support the following P2
programs:
P2 Technical Assistance
The P2 technical assistance program supports businesses, states, tribes, and other partners to
promote and facilitate the adoption of approaches that make good business sense and improve
multi-media environmental conditions and climate impacts through reductions in the release of
hazardous materials and pollutants, such as greenhouse gases. EPA invests in analyses, tool
development, training, outreach, and partnerships to provide the information and tools needed to
bring awareness to industries of P2 approaches and benefits and to enable their widespread
implementation to prevent or reduce pollution. The P2 Program leverages the success of EPA
259 For additional information about the EPA P2 Program, please visit: http://www.epa.gov/p2/.
482
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grantees and client businesses by amplifying and replicating environmental stewardship, and
sustainability successes to similar businesses in other locales.260 Such economies of scale for P2
are central to maximizing the effectiveness of the Program. To further advance EJ in FY 2023,
EPA will use analyses of toxic chemical releases from facilities and industries near to communities
with EJ concerns (from Toxics Release Inventory [TRI] reporting and other chemical release data)
and use sector-specific case studies and best practicescombined with outreach and trainingto
facilitate adoption of P2 practices in those industries.
Safer Choice Program
EPA certifies and allows use of the Safer Choice label261 on products containing ingredients that
meet stringent health and environmental criteria and undergo annual audits to confirm the products
are manufactured to the Safer Choice Standard's rigorous health and environmental requirements.
With hundreds of partner companies and approximately 1,900 certified products in the
marketplace, companies have invested heavily in this EPA partnership, and consumer, retailer, and
industry interest in Safer Choiceand safer chemical productscontinues to grow across
chemical product value chains. The Safer Choice Program will expand into additional product
categories and seek to increase consumer and commercial recognition of Safer Choice products.
In FY 2023, EPA also will continue its Partner of the Year Awards Program,262 which recognizes
organizations and companies for their leadership in formulating, and making available to
communities, products made with safer ingredients.
In FY 2023, Safer Choice will integrate and address EJ concerns through outreach and partnership
activities. Efforts to make Safer Choice-certified products more accessible to communities with
EJ concerns will be expanded upon with particular focus on people/communities of color, low-
income, tribal and indigenous populations, and other vulnerable populations such as the elderly,
children, and those with pre-existing medical conditions. Safer Choice will work with retailers and
product manufacturers to help them develop even more products containing safer chemical
ingredients that are easy to identify and purchase. Safer Choice also will strengthen partnerships
with Minority/Wornen-owned Businesses (M/WBE) and organizations that serve communities
with EJ concerns. Safer Choice will work to empower custodial staff and house cleaning
companies through education to gain access to Safer Choice-certified products to improve indoor
air quality and reduce exposure-related asthma.263
To enhance transparency and to facilitate expansion of safer chemical choices and products, EPA
has included on the Program's website a list of non-confidential chemicals that meet the Safer
Choice Program criteria and that are allowed in the Program's labeled products. To date in FY
2022, this Safer Chemical Ingredients List contains 1,033 safer chemicals, up from 997 in 2021,
and EPA will continue to update this list in future years as the Program evaluates additional
chemical ingredients and chemical categories and approves products for the use of the Safer Choice
label.
260 For additional information, please see the Pollution Prevention Program narrative under the STAG account/appropriation.
261 For additional information about the Safer Choice Program, please visit: https://www.epa.gov/saferchoice.
262 For additional information on the Partner of the Year Awards program, please visit: https://www.epa.gov/saferchoice/safer-
choice-partiier-vear-awards.
263 For additional information, please see:
https://ioumals.lww.com/ioem/Fulltext/2003/05000/Cleaniiig Products and Work_Related Asthma. 1.7.aspx.
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Environmentally Preferable Purchasing Program (EPP)
The Environmentally Preferable Purchasing Program (EPP)264 implements the direction provided
to EPA in the Pollution Prevention Act, the National Technology Transfer and Advancement
Act,265 Federal Acquisition Regulations, and Executive Orders which mandate sustainable federal
procurement, including through the development and use of sustainability standards,
specifications, and ecolabels. In FY 2015 the EPP Program issued the EPA Recommendations of
Specifications, Standards, and Ecolabels for Federal Purchasing. Through FY 2021, these
recommendations have been maintained and updated to include 48 private sector standards and
ecolabels that cover 30 product and service categories. These recommendations help federal
procurement officials determine which private sector standards and ecolabels, among sometimes
dozens within a single purchase category, are appropriate and effective in meeting Federal
procurement goals and mandates. The EPP Program's work has generated significant cost savings
and environmental benefits to the federal government. For example, for electronics products, the
federal government purchased nearly 7 million Electronic Product Environmental Assessment
Tool (EPEAT)-registered products in 2018, resulting in a cost savings to the federal government
of around $182.5 million. EPEAT is one of over 40 referenced and relevant private sector standards
and ecolabels which help federal purchasers identify and procure environmentally preferable
products and services.266 EPA also coordinates federal procurement programs that integrate
environmental performance into procurement, including building tools for integrating sustainable
procurement into government contracts, and putting tools into the hands of federal procurement
officials, collaborating with federal agencies such as the General Services Administration,
National Institute of Standards and Technology, the Departments of Defense and Energy, and
more. EPA plans to expand its Recommendations for Specifications, Standards and Ecolabels for
Federal Purchasing in categories that can support Administration priorities.
EPA is characterizing per- and polyfluoroalkyl substances (PFAS) provisions of existing private
sector sustainability standards, ecolabels, and certifications to identify products and purchase
categories associated with key PFAS use and to assess and prioritize PFAS conditions of use. With
increased resources in FY 2023, EPA will enhance public protection from potential effects of
PFAS through labeling to help purchasers identify products that meet specific environmental
performance criteria. EPA will conduct the following activities:
Assessing and recommending additional ecolabels and standards with criteria specifically
supporting reduction or elimination of PFAS use in key product categories not yet covered by
the EPA Recommendations for Standards, Specifications, and Ecolabels for Federal
Purchasing.267
Build, implement, maintain, and update tools for integrating EPA recommendations into
federal e-procurement systems, initiate identification and monitoring of relevant government
contracts for sustainable purchasing requirements, and develop tools to ensure that PFAS data
is captured for compliance in the Federal Procurement Data System (FPDS).
264 For additional information on the EPP Program, please visit: http://www.epa.gov/greenerproducts/buying-green-federal-
purchasers.
265 For additional information on the National Technology Transfer and Advancement Act, please visit:
https://www.nist.gov/standardsgov/national-technology-transfer-and-advancement-act-1995.
266 For additional information on Recommendations for Specifications, Standards and Ecolabels for Federal Purchasing, please
visit: https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasiiig.
267 For additional information, please visit: https://www.federalregister.gov/documents/2021/12/13/2Q21-27114/catalyzing-
clean-energy-industries-and-iobs-through-federal-susta inability.
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Initiate and engage in private sector standards development activities that address product
categories known to contain PFAS.
Create a central product registry to identify products that meet EPA's assessment of PFAS
specifications.
Collaborate with the Department of Defense (DoD) on performance-based, rather than
material-based, specifications and standards for equipment (e.g., textiles, coatings, firefighting
foam) for DoD and Department of Homeland Security uses.
Work with other federal agencies and the private sector to initiate a performance-based
technology innovation challenge for a set of PFAS-free product categories for which use of
non-PFAS options could be technically and economically feasible with respect to key federal
purchasing categories.
To further support EPA's goals for equity and EJ, the EPP Program will begin to develop and
implement training and outreach for disproportionately affected communities, as well as state,
tribal, and local governments, to assist in facilitating product and service procurement choices that
are environmentally sound and promote human and environmental health.
Green Chemistry
The Green Chemistry Program268 fosters the sustainable design of chemical products and
processes. The Program also analyzes green chemistry innovations and works with partners and
external stakeholders to facilitate market adoption and penetration of new commercially successful
chemistries and technologies. Its Green Chemistry Challenge Awards serve a critical role in raising
the profile, importance, and credibility of innovative and market-ready green and sustainable
chemistry technologies. During the Program's more than 25 years of progress, EPA has received
more than 1,800 nominations and presented awards to 123 technologies, demonstrating the interest
among stakeholders to be recognized at the national level for developing market-ready and/or
market-mature green chemistry solutions. The contribution of greener chemistries to addressing
climate change is very clear. Winning technologies are estimated to eliminate 7.8 billion pounds
of carbon dioxide equivalents released to airthe equivalent of taking 770,000 cars off the road
each year.269 In FY 2023, EPA will begin to utilize training materials developed in FY 2022 to
help state, tribal, local, and industry stakeholders acquire information and understanding of the
benefits from these innovations.270
In FY 2023, the Green Chemistry Program will begin to work with awardees and nominees to
pursue the goal of market-oriented environmental and economic progress through increased
adoption of these innovations. EPA will begin to develop training materials to help state, tribal,
local, and industry stakeholders acquire information and understanding of the benefits from these
innovations and will support and lead portions of EPA's responsibilities for implementation of the
Sustainable Chemistry Research and Development Act of 2020.
268 For additional information on the Green Chemistry Program, please visit: https://www.epa.gov/greenchemistry.
269 For additional information, please visit: https://www.epa.gov/greenchemistry/information-about-green-chemistry-challenge.
270 P2 Training materials are available to the public on various EPA websites including but not limited to: (1)
https://www.epa.gov/p2/grant-programs-pollution-prevention (Grant Programs for P2); (2) https://www.epa.gov/p2/p2-grant-
program-resources-applicants (Resources for grant applicants [FAQs, application checklist, P2-EJ Facility Mapping Tool and a
recorded webinar]); (3) https://www.epa.gov/p2/pollution-prevention-tools-and-calculators (P2 Tools and calculators); and (4)
https: //www.epa. gov/p2/p2-resources-business (P2 resources for business).
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Performance Measure Targets:
(PM P2mtc) Reduction in million metric tons of carbon dioxide equivalent
(MMTCChe) released per year attributed to EPA pollution prevention
grants.
FY 2022
Target
FY 2023
Target
1.2
1.2
(PM P2sc) Number of products certified by EPA's Safer Choice program.
FY 2022
Target
FY 2023
Target
1,950
2,000
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$355.0) 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.
(+$4,208.0 / +9.0 FTE) This program change provides additional funding and FTE to
enhance protection of the public from potential effects of PFAS through labeling as well
as to implement Administration priorities related to PFAS. This investment also includes
$1,689 million in payroll.
Statutory Authority:
Pollution Prevention Act of 1990 (PPA); Toxic Substances Control Act (TSCA).
486
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Toxic Substances: Chemical Risk Review and Reduction
Program Area: Toxics Risk Review and Prevention
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Ensure Chemical and Pesticide Safety
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S '2.0-13
sf>o.:so
.S12-1.2-13
Total Budget Authority
$72,643
$60,280
$124,243
$63,963
Total Workyears
259.2
331.7
532.3
200.6
Total program work years in FY 2023 include 51.6 FTE funded by TSCA fees. TSCA Service Fees are not included
in the budget formulation, but EPA is projected to collect approximately $4.65 million in fees in FY 2023, including
fees collected from one TSCA Section 6 Manufacturer-Requested Risk Evaluations should the request be received
and granted. Projected collections also are subject to potential changes in fee levels in response to statutory
requirements for the TSCA User Fee Rule to be updated every three years.
Program Project Description:
EPA has significant responsibilities under the Toxic Substances Control Act (TSCA) for ensuring
the safety of chemicals that are already in or are entering into commerce and addressing
unreasonable risks to human health and the environment. These responsibilities are executed by
the Agency through the Chemical Risk Review and Reduction (CRRR) Program, which works to
ensure the safety of:
Existing chemicals,271 by collecting chemical data, prioritizing chemicals for risk evaluation
on the basis of that data, conducting risk evaluations, and developing and implementing risk
management actions to prevent any unreasonable risk posed by their manufacture, processing,
use, distribution in commerce and/or disposal;
New chemicals, by reviewing new chemical submissions from manufacturers and processors
and taking action to mitigate potential unreasonable risks to health or the environment before
those chemicals can enter the marketplace; and
Other chemicals that may pose unreasonable risks to human health and the environment.
The CRRR Program will play an important role in achieving the Administration's goals to enhance
environmental justice (EJ) and tackle the climate crisis. Examples include: engaging tribes and
other overburdened and underserved communities with EJ concerns in identifying exposure
pathways; adhering to EPA's Guidance on Considering Environmental Justice During the
271 "Existing Chemicals" are those already in use when TSCA was first enacted in 1976 and those which have since gone through
review by the TSCA New Chemicals Program. These include certain prevalent, high-risk chemicals known generally as "legacy
chemicals" (e.g., PCBs, mercury), which were previously covered in a separate Chemical Risk Management (CRM) budget
justification. The CRM program area was combined with Chemical Risk Review and Reduction effective FY 2015.
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Development of an Action272; and ensuring that TSCA chemical safety data analytical tools are
made publicly available in ways that are accessible to communities with EJ concerns.
TSCA authorizes EPA to collect fees from chemical manufacturers and processors to defray up to
25 percent of the costs for administering certain sections273 of TSCA.274 Fee levels are set by
regulation and may be adjusted on a three-year basis for inflation and to ensure that fees defray
approximately 25 percent of relevant costs. The TSCA Fee rule became effective on October 1,
2018.275 CRRR Program fees collected or projected to be collected in FY 2019-FY 2021 under
this rule equated to approximately 14 percent of associated expenditures for those three fiscal
years. EPA proposed revisions to the rule in December 2020 but plans to re-propose in light of
public comments. As such, toward the end of FY 2023, EPA expects to finalize an amended fee
rule that would defray up to 25 percent of relevant costs, as statutorily allowed.276
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.1, Ensure Chemical and Pesticide
Safety in the FY 2022 - 2026 EPA Strategic Plan.
The 2016 amendments to TSCA imposed significantly increased responsibilities for the CRRR
Program. Building on the request included in the FY 2022 President's Budget, the Agency is
requesting an additional 200.6 FTE and $63.9 million for the CRRR Program in FY 2023, which
includes $4.7 million and 11 FTE to support the implementation of EPA's PFAS Strategic
Roadmap. EPA will emphasize the integrity of scientific products, adherence to statutory intent
and requirements, and timelines applicable to pre-market review of new chemicals, chemical risk
evaluation and management, data development and information collection, the review of
Confidential Business Information (CBI) claims, and other statutory requirements. These
requested resources are essential for EPA to address its workload, including:
Maintaining at least 20 EPA-initiated existing chemical risk evaluations in development at all
times and completing EPA-initiated existing chemical risk evaluations within 3.5 years.
Issuing protective regulations in accordance with statutory timelines addressing all
unreasonable risks identified in each risk evaluation.
Establishing a pipeline of chemicals prioritized for future risk evaluation.
Using test orders and a new strategy for tiered data collection, requiring development of data
critical to existing chemical risk evaluation and risk management activities, and systematically
272 For more information, please visit: https://www.epa.gov/enviromiientaliustice/guidance-consideriiig-enviromiiental-iustice-
during-development-action.
273 The costs of implementing TSCA Sections 4-6 are defrayable up to the statutory caps, as are the costs of collecting, processing,
reviewing and providing access to and protecting from disclosure, as appropriate, chemical information under Section 14.
274 The authority to assess fees is conditioned on appropriations for the CRRR Program, excluding fees, being held at least equal
to the amount appropriated for FY 2014.
275 The statute authorizes EPA to collect fees from chemical manufacturers (including importers) and, in limited instances,
processors who: are required to submit information (Section 4); submit notification of or information related to intent to
manufacture a new chemical or significant new use of a chemical (Section 5); manufacture, (including import) a chemical substance
that is subject to an EPA-initiated risk evaluation (Section 6); or request that EPA conduct a risk evaluation on an existing chemical
(Section 6), subject to the Agency's approval of the request.
276 This rule may not go into effect until FY 2023.
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reviewing data submitted to the EPA for scientific reliability, relevance, and transparency as
mandated by the 2016 TSCA Amendments.
Conducting risk assessments for approximately 650 new chemical notices and exemption
submissions, and manage the identified risks associated with the chemicals.
Having up to five risk evaluations requested by manufacturers in development.
Developing and implementing a collaborative research program focused on approaches for
performing risk assessments on new chemical substances.
Reviewing and making determinations on confidential business information (CBI) claims
contained in TSCA submissions; making certain CBI information available to stakeholders;
and publishing identifiers for each chemical substance for which a confidentiality claim for
specific chemical identity is approved.
Carrying out other required TSCA CRRR activities as described below.
Primary TSCA Implementation Activities
Section 4: Testing of Chemical Substances andMixtures. In January 2021, the Agency issued Test
Orders for nine additional chemicals currently undergoing TSCA risk evaluation and will issue
additional test orders for these chemicals and other chemicals undergoing risk evaluation in FY
2022. In addition, EPA will continue to implement and refine the National PFAS Testing Strategy
in FYs 2022 and 2023. Accordingly, EPA is committed to issuing test orders for at least 24 PFAS
chemicals in FY 2022. In FY 2023, the resources requested will enable the Agency to review test
protocols and test data submitted in response to any recently issued Test Orders and previously
issued Test Rules and Enforceable Consent Agreements (ECAs); begin implementation of
additional phases of the National PFAS Testing Strategy; and issue additional Test Orders and
promulgate Test Rules and/or ECAs. In addition, in FY 2023, EPA intends to further implement
the PFAS Testing Strategy by refining the initial structural categories using data from EPA's
Office of Research and Development (ORD) as well as further evaluating degradation products
and exposure data. The EPA expects to issue further TSCA Test Orders after the categories are
refined, as well as to promulgate test rules and/or ECAs.
Section 5: New Chemicals. The New Chemicals Program is important in ensuring the safety of
new chemicals before they enter commerce. The 2016 TSCA amendments significantly changed
the way EPA implemented the New Chemicals Program. Under the prior law, EPA only issued
determinations for about 20 percent of new chemical submissions, whereas under the amended
law, EPA is required to issue determinations for 100 percent of new chemical submissions (a five-
fold increase). In FY 2023, the Agency expects to conduct risk assessments for approximately 650
new chemical notices and exemption submissions;277 make affirmative determinations on whether
unreasonable risks are posed under those chemicals' conditions of use; manage identified risks
associated with the chemicals through the issuance of Orders and Significant New Use Rules
(SNURs); and require the development of additional data where information is insufficient to
conduct a reasoned evaluation.278 EPA also intends to continue its commitment to transparency by
277 For example, Pre-Manufacture Notices (PMNs), significant new use notifications (SNUNs), microbial commercial activity
notices (MCANs), low volume exemptions (LVEs), low releases and low exposures exemptions (LoREX), test marketing
exemption (TME), TSCA experimental release application (TERA) and Tier 1 and 2 exemptions.
278 For PMNs, MCANs and SNUNs, as required by law, the Agency must generally complete these review, determination, and
associated risk management activities within 90-day s of receiving the submission, subject to extensions or suspension under certain
circumstances.
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making new chemical notices and EPA information generated in the review of notices available to
the public via the ChemView database279 and on EPA websites. In FY 2023, EPA also will propose
SNURs for approximately 150 consent orders. Additionally, EPA is implementing a performance
metric to measure compliance with past TSCA regulatory actions. These actions include consents
orders and SNURs issued for PFAS chemicals.
Section 6: Existing Chemicals. Where unreasonable risks in existing chemicals are found, the
Agency also must commence risk management action under TSCA Section 6 to address those
risks. The resources requested in FY 2023 are critical for the Agency to continue implementing
these additional requirements to address the risks of existing chemicals, including:
Prioritization is the initial step in the process of evaluating existing chemicals under TSCA
and is codified in a final Chemical Prioritization Process rule.280 The purpose of prioritization
is to designate a chemical substance as either High-Priority for further risk evaluation, or Low-
Priority for which risk evaluation is not warranted at the time.281'282 TSCA requires that upon
completion of a risk evaluation for a High-Priority chemical, EPA must designate at least one
additional High-Priority chemical to take its place, ensuring that at least 20 EPA-initiated risk
evaluations are constantly underway. In FY 2023, EPA will continue working to identify
additional High-Priority chemicals by obtaining, validating, and analyzing chemical safety
data to identify chemicals for which sufficient data are available to conduct scientifically sound
risk evaluations and the order in which such chemicals are evaluated.
Risk Evaluation: EPA initiated risk evaluations for the first 10 chemicals in December 2016.
The Agency missed the 3.5-year statutory deadline for completing TSCA risk evaluations for
nine of the chemicals, and work on many of those chemical risk evaluations has continued.283
In FY 2021 and FY 2022, developed approaches for the consideration of exposure pathways
{i.e., air, water, disposal) that were originally omitted from the scopes of the HPS and MRRE
risk evaluations, and to address "fenceline" risk (risks to exposed populations in communities
adjacent to the perimeter of manufacturing facilities, often vulnerable and underserved
populations) for 7 of the first 10 chemical risk evaluations. This work added to the challenge
of completing additional risk evaluations, and in FY 2023 this work will continue.284
279 To access ChemView, please visit: https://chemview,epa,gov/chemview.
28° por additional information, please visit: https://www.regulations.gov/document?D=EPA-HO-OPPT-2Q 1.6-0636-0074.
281 TSCA required that EPA designate by December 2019 at least 20 chemical substances as High-Priority for risk evaluation, and
also at least 20 chemical substances as Low-Priority. On December 20, 2019, EPA finalized the designation of 20 chemical
substances as High-Priority for upcoming risk evaluations. For additional information, please visit: https://www.epa.gov/assessing-
and-managing-chemicals-under-tsca/chemical-substances-undergoing-prioritization-high.
282 On February 20, 2020, EPA finalized the designation of 20 chemical substances as Low-Priority. For additional information,
please visit: https://www.epa.gov/assessiiig-and-iiiaiiagiiig-chemicals-under-tsca/low-priority-substances-under-tsca.
283 EPA removed consideration of personal protective equipment (PPE) unreasonable risk determinations for the first 10 chemical
risk evaluations, re-examined the risk evaluations of seven of those chemicals to address overlooked and/or inadequately assessed
exposure pathways (including those affecting fenceline, underserved or disproportionately burdened communities), is developing
a supplemental RE for one chemical due to omission of exposure pathways, and, in part as a result of litigation against the Agency,
is conducting a second risk evaluation for asbestos to include types and uses that were excluded from the first one.
284 In January 2022, EPA released for public comment and peer review version 1.0 of a screening methodology that will be used to
further examine whether the policy decision to exclude air and water exposure pathways from the risk evaluations will lead to a
failure to identify and protect fenceline communities. Review of the screening level methodology will include review by the Science
Advisory Committee on Chemicals (SACC). See, https://www.epa.gov/newsreleases/epa-releases-screening-methodology-
evaluate-chemical-exposures-and-risks-fenceline.
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EPA initiated risk evaluations for the first set of 20 High-Priority chemicals in December
2019.285 On September 4, 2020, EPA released final scoping documents for these chemicals286
with the 20 evaluations required to be completed by December 2022, or June 2023 if statutorily
authorized extensions are required to be exercised. The Agency will expand the focus of the
risk evaluations to ensure that exposure pathways affecting the general public, fenceline
communities, and overburdened/underserved/disproportionately burdened communities are
properly evaluated in accordance with the law Specifically, it is expected that the Agency will
include expanded consideration of potentially exposed and susceptible subpopulations,
including environmental justice considerations, as a result of engagement with overburdened
and underserved communities through mechanisms such as the National Tribal Operations
Committee (NTOC)287 and the National Tribal Toxics Council (NTTC).288
The Agency has experienced delays in obtaining responses from TSCA Section 4 Test Orders
and Section 8 Data Gathering Rules intended to provide information critical to the completion
of the evaluations. In addition, manufacturers may submit requests to EPA to evaluate specific
additional chemicals. The first two Manufacturer Requested Risk Evaluations (MRREs) began
in FY 2020. A third was started in FY 2021, and a fourth request is currently being considered.
Those initial MRREs will continue throughout FY 2022 and are for chemicals that were on the
2014 TSCA Work Plan.289 The resources requested for FY 2023 will support efforts to meet
statutory mandates and other requirements while maintaining the Agency's commitment to
evidence-based decisions guided by the best available science and data.
Risk Management: When unreasonable risks are identified in the final risk evaluation, EPA
must promulgate risk management action rulemakings under TSCA Section 6(a) to address the
unreasonable risk. This work will adhere to EPA's Guidance on Considering Environmental
Justice During the Development of an Action and its companion Technical Guidance for
Assessing Environmental Justice in Regulatory Analysis.290 EPA commenced development of
risk management actions in FYs 2020 and 2021 after determining that each of the first 10
chemicals evaluated under Section 6 presented unreasonable risk of injury to health or the
environment under the assessed conditions of use. EPA will continue development of these
rulemaking actions in FY 2023, including issuance of proposed rules for certain chemicals.
EPA also will continue or begin developing final rules for actions proposed in FY 2022 and
FY 2023, with anticipated promulgation in FY 2024.291
285 For additional information, please visit: https://www.epa.gov/assessing-and-managiiig-chemicals-uiider-tsca/chemical-
substances-undergoing-prioritization-high.
286 For additional information, please visit: https://www.epa.gov/chemicals-under-tsca/epa-releases-fiiial-scope-documents-and-
list-businesses-subject-fees-next-20.
287 For additional information on NTOC, please visit: https://www.epa.gOv/tribal/tribal-partnership-groups#ntoc
288 For additional information on NTTC, please visit: https://www.epa.gov/chemicals-under-tsca/national-tribal-toxics-council-
nttc-technical-support-request-applications
289 See, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-work-plan-chemicals.
290 For additional information, please visit: https://www.epa.gov/environmentaljustice/technical-guidance-assessing-
environmental-justice-regulatory-analysis.
291 EPA is re-examining the risk evaluations of seven of those chemicals to address overlooked and/or inadequately assessed
exposure pathways (including those affecting overburdened, underserved or disproportionately burdened communities), which
may impact risk management actions under development. See, https://www.epa.gov/newsreleases/epa-announces-path-forward-
tsca-cheniicat-risk-evatuatioiis. As a result, proposed rulemakings will not be published for public comment until the review and
any update of the risk evaluations are complete. EPA will continue to engage stakeholders in dialogue regarding these risk
management actions to ensure the Agency has the benefit of input from interested parties. This engagement will include meetings
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TSCA also mandated that EPA promulgate Section 6 risk management rules for certain Persistent,
Bioaccumulative, and Toxic (PBT) chemicals on the 2014 TSCA Work Plan without undertaking
further risk evaluation.292 EPA issued five final rules in January 2021EPA requested and received
comment on the January 2021 PBT rules and, in September 2021, announced its intent to initiate
a new rulemaking. EPA anticipates proposing new rules for five PBT chemicals. In FY 2023, EPA
anticipates issuing further proposed revisions to the PBT rules.
Section 14: Confidential Business Information. EPA is required under TSCA Section 14 to review
and make determinations on CBI claims contained in TSCA submissions; process requests for and
make certain CBI information available to states, tribes, health and medical professionals, first
responders, under defined circumstances; and assign and publish unique identifiers for each
chemical substance for which a confidentiality claim for specific chemical identity is approved. In
FY 2023, EPA will assign unique identifiers to chemicals where CBI claims for chemical identity
are approved and expects to complete CBI claim reviews for more than 2,000 new cases, and
approximately 1,500 chemical identity claims.
TSCA Information Technology (IT) and Data Tools Infrastructure. IT systems development and
maintenance will continue in FY 2023 with the goal of minimizing reporting burdens on industry
and streamlining data management by EPA, including the following activities:
Continuing enhancement of the TSCA Chemical Information System to reduce manual
handling of data and increase internal EPA access to data relevant to chemical assessments and
expedite review of chemicals.
Initiating development of new tools for hazard and exposure identification, assessment, and
characterization, while improving existing tools to better assess chemical risks.
Maintaining the functionality of ChemView293 and plan for expanding the information it makes
available to the public to include newly completed chemical assessments, worker protection
information, and other new data reported to EPA under TSCA.
Completing the TSCA CBI LAN assessment in preparation for network modernization.
Implementing TSCA depends on the collection and availability of information on chemicals from
a wide variety of public and confidential sources. The EPA's data currently resides in multiple
formats including paper files, microfiche, and numerous old electronic file formats. A critical need
for improving EPA's performance on TSCA implementation is modernizing the IT systems
necessary for chemical data collation, storage, and curation, and to make the data received under
TSCA available in structured and consistent formats. The funding requested will support the
following activities: initiating modernization of the existing TSCA IT infrastructure; enhancing
the New Chemical Review (NCR) system; initiating steps toward automating publication of New
Chemical Consent Orders and SNURs; continuing efforts regarding remaining TSCA CBI review
workflow enhancements; analyzing and updating TSCA records data to identify and organize
records for publication; making progress toward the development of a framework for enabling CIS
with key stakeholders and participation in events such as conferences and trade association meetings where EPA and
stakeholders can share information.
292 TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Section 6(h) (1) and (2).
293 For additional information, please visit: https://www.epa.gov/assessing-and-iiianagiiig-chemicals-under-tsca/iiitroduction-
clieniview.
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to automatically assign unique identifiers (UIDs) as CBI claims are approved; making progress in
the effort to digitize the remaining legacy 8(e)s and publish in ChemView; and initiating
digitization of legacy documents.
Chemical Data Management Modernization. The international regulatory community has been
moving towards using the International Uniform Chemical Information Database (IUCLID) to
capture, store, maintain, and exchange data on intrinsic and hazardous properties of chemical
substances. Data in IUCLID is centered around standardized reporting templates consistent with
internationally accepted test guidelines and has CBI protection built in. EPA has begun to pilot an
IUCLID framework, but resource constraints have limited EPA's implementation and adoption of
IUCLID. With increased resources in FY 2023, the TSCA Program will collaborate with ORD to
implement IUCLID to capture, store, and maintain data on intrinsic and hazard properties of
chemicals. The Agency also will work with international partners to modify software applications
to ensure EPA's unique needs and federal IT requirements are incorporated. Along with integration
and consolidation of other legacy data systems, this initiative will modernize EPA's chemical data
management infrastructure and deliver more efficient searching, collating, managing, and
integrating data on chemicals, resulting in significant time and cost savings.
Collaborative Research Program to Support New Chemical Reviews.294 In FY 2023, EPA will
develop and implement a multi-year collaborative research program in partnership with ORD and
other federal agencies. This collaboration is focused on approaches for performing risk
assessments on new chemical substances under TSCA. The results of the effort are expected to
bring innovative science to new chemical reviews, modernize the approaches used, and increase
the transparency of the human health and ecological risk assessment process. The resources
requested for FY 2023 are essential for EPA to implement the new chemicals program in
accordance with statutory mandates and to address the backlog of older submissions. These
resources also are critical to ensuring that the Agency can conduct robust risk assessments using
best available science and data within the statutory timelines.
Other TSCA Sections. Mandates and Activities
Chemical Data Reporting (CDR) & Tiered Data Reporting (TDR) Rule 295 In FY 2023, EPA plans
to publish a rule that expands reporting requirements for chemicals that are candidates foror
selected ashigh priority substances. The purpose is to acquire the most relevant and applicable
data that will support risk evaluation. In FY 2023, EPA plans to finalize the Rule, responding to
comments from the proposed rulemaking and modifying CDR requirements.
Other Section 8 Activities. In FY 2023, EPA will: publish a final section 8(a) rule for Asbestos;
publish a final section 8(a)(7) rule for Per- and Polyfluoroalkyl Substances (PFAS); analyze 300
294 See. https://www.epa.gov/newsreleases/epa-amomces-colkborative-research-program-support-new-chemical-reviews.
295 Section 8(a) of TSCA requires manufacturers (including importers) to provide EPA with information on the production and
use of chemicals in commerce. In March 2020, EPA amended the Chemical Data Reporting (CDR) rule to reduce burden for
certain CDR reporters, improve data quality and align reporting requirements with amended TSCA. The recent Calendar Year
2020 CDR Reporting Cycle, which occurs every four years and covers CY 2016-2019, commenced on June 1, 2020, and
concluded on January 29, 2021.
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Substantial Risk (Section 8(e)) Notifications submitted by industry;296 and continue issuing other
data gathering rules to obtain data needed for Section 6 prioritization and risk evaluations.
PFAS Roadmap Support. Per- and polyfluoroalkyl substances (PFAS) have been manufactured
and used in a variety of industries globally since the 1940s, and they are still being used today. FY
2023 work will include: publishing and implementing a PFAS national testing strategy; ensuring
a robust review process for new PFAS; reviewing previous decisions on PFAS; closing the door
on abandoned PFAS and uses; and implementing a new PFAS reporting rule; and leading the
development of a voluntary PFAS Stewardship Program. The funding requested in the FY 2023
President's Budget will allow EPA to: improve the Agency data submission process for test data
and ensuring engagement with test order recipients to facilitate robust data collection; review study
plans required to be submitted as a result of test orders and data submitted pursuant to the first
round of test orders issued under TSCA for human health effects; integrate submitted data into
systematic review databases; and analyze existing data in preparation for issuing additional orders
to require additional testing for chemicals already subject to testing.
Polychlorinated Biphenyls (PCBs). PCBs are a nationwide problem and found in every region.
TSCA requires essential work in evaluating a site for PCB exposures and reducing risks at that
site. EPA regions do this by making site-specific PCB "use" determinations, evaluating exposures,
and providing recommendations and specialized technical support to address the risks associated
with PCBs legally and illegally "in use." EPA's regional offices will work with building owners
to implement practical interim measures; develop outreach and technical assistance materials to
prevent or reduce exposure to PCBs; and conduct risk evaluation of PCB exposure at local sites.
Mercury. In FY 2023, EPA will maintain the Mercury Electronic Reporting Application297 and
conduct outreach to stakeholders on reporting requirements. EPA also will continue work under
the Mercury Export Ban Act and related amendments related to the prohibition of export of certain
mercury compounds, to support compliance with the Minamata Convention on Mercury, to which
the United States is a party. EPA will collect and prepare information for publication in the CY
2023 update to the national mercury inventory and consider recommending actions to further
reduce mercury use.
TSCA Citizen Petitions. In FY 2023, EPA will continue to meet the requirements of Section 21 of
TSCA, which authorizes citizen petitions for the issuance, amendment, or repeal of certain actions
(rules and orders) promulgated under specific components of TSCA Sections 4, 5, 6, and 8. The
Agency must grant or deny a Section 21 petition within 90 days. If EPA grants a petition, the
requested action must be initiated in a timely fashion. EPA has received 29 TSCA Section 21
petitions since September 2007.298
Formaldehyde Standards for Composite Wood Products. In FY 2023, EPA will continue
implementing regulations under the TSCA Title VI Formaldehyde Standards for Composite Wood
296 XSCA Section 8(e) Notifications require EPA be notified immediately when a company learns that a substance or mixture
presents a substantial risk of injury to health or the environment.
297 The Mercury Electronic Reporting application is an electronic reporting interface and database within the Central Data Exchange
(CDX).
298 For additional information, please visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-section-21.
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Products Act (Public Law 111-199), which established national emission standards for
formaldehyde in new composite wood products.299
TSCA User Fees. Section 26 of TSCA authorizes EPA to collect user fees to offset 25 percent of
the Agency's full costs for implementing TSCA sections 4, 5, 6, and 14.300 In FY 2021, EPA
collected $28.65 million: $3.35 million from section 5, $24.05 million from 19 of the 20 section 6
EPA-Initiated Risk Evaluations, and $1.25 million from one section 6 MRRE for a TSCA Work
Plan chemical.301'302 EPA's FY 2021 collections were as follows:
TSCA Section
Amount Collected
Section 5
$3.35 million
Section 6 EPA-Initiated Risk Evaluations
$24.05 million
Section 6 MRREs
$1.25 million
Total
$28.65 million
Because nearly $17 million of the collections for the 19 section 6 Risk Evaluations was not due to
be paid until September 2, 2021, those funds were not accessible to EPA until FY 2022. EPA will
apportion FY 2021 section 6 collections over the risk evaluation lifecycle (3.5 years). EPA expects
to collect approximately $5.0 million in FY 2022303 and $4.65 million in FY 2023.304 Projected
collections also are subject to potential changes in fee levels, which are required to be updated
every three years under TSCA.305
Cumulative risk methodologies. EPA is conducting aggregate exposure and cumulative risk
approaches to characterizing chemical exposure and risk in risk evaluations under TSCA. In FY
2023, the following foundational activities will be conducted to support statutory deadlines:
Develop approaches to determine when aggregating chemical exposure across conditions of
use is applicable.
Develop approaches to identify co-exposure to chemicals to inform prioritization and to
determine when cumulative assessments should be considered for relevant chemicals.
Develop approaches for conducting aggregate exposure and cumulative risk assessments.
Evaluate applicability and feasibility of biomonitoring data.
Update and develop exposure and hazard models.
Support for scientific and other publications.
Continuous Improvement of TSCA Implementation. In FY 2023, the Agency will continue to
monitor and evaluate its progress related to core responsibilities under TSCA, such as completing
299 For additional information, please visit: http://www2.epa.gov/formaldehvde/formaldehvde-emission-standards-composite-
wood-products.
3°° jgcA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Section 26(b) (1) and (4).
301 The Agency invoiced $88.2 thousand for Section 4 Test Orders in FY 2020 and FY 2021 but did not start receiving
submissions until FY 2022.
302 The Agency invoiced $88.2 thousand for Section 4 Test Orders in FY 2020 and FY 2021 but did not start receiving
submissions until FY 2022.
303 $1.6 million from the remaining section 6 EPA-Initiated Risk Evaluations invoices and $3.4 million from section 5
submissions and section 4 Test Orders.
304 $3.4 million in section 5 submissions and section 4 Test Orders and an additional amount from one TSCA section 6
Manufacturer-Requested Risk Evaluation at $1.25M if the MRRE request is granted.
305 For additional information, please visit: https://www.epa.gov/tsca-fees/fees-admiiiistration-toxic-substances-control-act.
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all EPA-initiated risk evaluations and associated risk management actions for existing chemicals
within statutory timelines. In addition, EPA plans to further reduce review times and reduce the
number of cases under review for more than 90 days for Section 5 new chemicals (PMNs, MCANs,
and SNUNs). EPA also will undertake other forms of assessment and data gathering in FY 2023.
Based on experience and peer review feedback, EPA is further refining its methods for conducting
systematic review and will seek peer review of its TSCA Systematic Review Protocol in FY 2022.
The Agency is collaborating with other agencies in this effort, including with the Interagency
Testing Committee (ITC). In FY 2023, EPA will evaluate the information reported in response to
the 8(d) rule for relevance to the risk evaluations for High-Priority chemicals using systematic
review methods, which will enhance risk evaluations and EPA's ability to determine potential risk.
Performance Measure Targets:
(PM TSCA4) Number of HPS TSCA risk evaluations completed within
statutory timelines.
FY 2022
Target
FY 2023
Target
0
8
(PM TSCA5) Percentage of existing chemical TSCA risk management
actions initiated within 45 days of the completion of a final existing
chemical risk evaluation.
FY 2022
Target
FY 2023
Target
100
100
(PM TSCA6a) Percentage of past TSCA new chemical substances decisions
with risk mitigation requirements reviewed.
FY 2022
Target
FY 2023
Target
5
25
(PM TSCA6b) Percentage of TSCA new chemical substances with risk
mitigation requirements reviewed for adherence/non-adherence with TSCA
Section 5 risk mitigation requirements that are determined to adhere to
those requirements.
FY 2022
Target
FY 2023
Target
25
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$3,173.0) This net change to fixed and other costs is an increase due to the recalculation
of base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
(+$51,796.0 / +181.6 FTE) This increase enables EPA to develop and review data critical
to existing chemical risk evaluation and risk management activities; update and develop
21st century information technology and data tools to meet the increasing demands; and
begin to transform New Chemicals review into an efficient and sustainable process to
complete cases in keeping with the statutory requirements. This investment includes
$32,035 million in payroll.
(+$4,736.0 / +11.0 FTE) This program change supports the implementation of the PFAS
Strategic Roadmap. With these resources, EPA will fund the PFAS national testing
strategy, review previous decisions on PFAS, establish a voluntary PFAS stewardship
program, create/update IT infrastructure, and list and analyze new PFAS data. This
investment includes $1,936 million in payroll.
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(+$2,528.0 / +3.0 FTE) This program change allows EPA to advance cumulative risk
methodologies, which includes developing approaches for conducting aggregate exposure
and cumulative risk assessments under TSCA that will be particularly important in
evaluating high priority chemicals. This investment includes $528.0 thousand in payroll.
(+$1,730.0 / +5.0 FTE) This program change provides regional capacity to carry out site-
specific PCB "use" determinations, evaluating exposures and providing recommendations
and specialized technical support to address the risks associated with PCBs legally and
illegally "in use." These efforts will contribute to reduce risks and current exposures to
workers and children, particularly in overburdened and underserved communities, and to
advance agency commitments to EJ. This investment includes $880.0 thousand in payroll.
Statutory Authority:
Toxic Substances Control Act (TSCA).
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Toxic Substances: Lead Risk Reduction Program
Program Area: Toxics Risk Review and Prevention
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Ensure Chemical and Pesticide Safety
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
s n.vvi
S 1.1.12V
S 1.1.--IV
Sf>20
Total Budget Authority
$11,991
$13,129
$13,749
$620
Total Workyears
63.0
62.9
62.9
0.0
Program Project Description:
EPA's Lead Risk Reduction Program contributes to the goal of reducing lead exposure and works
toward addressing historic and persistent disproportional vulnerabilities of certain communities.306
This program thereby plays an important role in achieving the Administration's goals to enhance
environmental justice (EJ) and equity by:
Establishing standards governing lead paint hazard identification and abatement practices;
Establishing and maintaining a national pool of certified firms and individuals who are trained
to carry out lead paint 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 paint hazards in their homes.
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 (CDC), no safe blood
lead level in children has been identified, and effects of lead exposure cannot be corrected.307'308
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 that 23.2 million homes have significant LBP
hazards.309 Children living at or below the poverty line who live in older housing are at greatest
risk. Additionally, some racial and ethnic groups and those living in older housing are
306 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/americaschildrenenviromnent.
307 Centers for Disease Control and Prevention, Blood Lead Levels in Children, found at:
http://www.cdc.gov/nceh/lead/prevention/blood-lead-levels.htm.
308 America's Children and the Environment (EPA, 2019), found at: https://www.epa.gov/americaschildrenenvironment.
309 See. American Healthy Homes Survey, Lead and Arsenic Findings (HUD, 2011), found at:
https://www.hud.gov/sites/documents/AHHS_REPORT.PDF.
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disproportionately affected by LBP.310 Because of historic and persistent disproportional
vulnerabilities of certain racial, low-income, and overburdened and underserved communities, the
Lead Risk Reduction Program has the potential to create significant EJ gains and provides strategic
opportunities to advance EPA's work in support of the Administration's goals to enhance EJ and
equity as seen in the draft Strategy to Reduce Lead Exposures and Disparities in U.S.
Communities,311
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.1, Ensure Chemical and Pesticide
Safety in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will conduct technical analyses and rulemaking efforts to address issues related
to preventing childhood lead poisoning, including reviewing the definition of LBP; revising the
dust-lead hazard standards (DLHS), the dust-lead clearance levels (DLCL), and the soil-lead
hazard standards (SLHS); and continuing work to identify and subsequently address LBP hazards
identified in public and commercial buildings. As a result of a May 2021 decision by the U.S.
Court of Appeals for the Ninth Circuit, the DLHS, the definition of LBP, and the DLCL regulations
have been identified by the Administration as rules to reconsider.312 FY 2023 funding will enable
EPA to propose revisions to the DLHS and DLCL, while conducting activities necessary to revisit
the definition of LBP and SLHS. In addition, EPA must continue work to evaluate whether hazards
are created from renovations of public and commercials buildings (P&CBs). Reconsideration and
development of these rulemakings will help ensure the most protective approaches are taken to
reduce lead exposure in homes and child-occupied facilities, with benefits for overburdened and
underserved communities where disproportionate impacts occur from LBP in support of the
Administration's goals to enhance EJ and equity.
Renovation. Repair and Painting Program
In FY 2023, EPA will continue to implement the Renovation, Repair and Painting (RRP) Rule
to address lead hazards created by renovation, repair, and painting activities in homes and child-
occupied facilities313 and to advance EPA's EJ goals. Fourteen states and one tribe have been
authorized to administer this program and rule. In the remaining non-authorized states, tribes, and
territories, EPA will continue to accredit training providers, track training class notifications, and
certify renovation firms. EPA also will assist in the development and review of state and tribal
applications for authorization to administer training and certification programs, provide
information to renovators and homeowners, provide oversight and guidance to all authorized
programs, and disseminate model training courses for lead-safe work practices. As of January
310 Among children ages 1 to 5 years in families with incomes below poverty level, the 95th percentile blood lead level (BLL) 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 BLL among all children ages 1 to 5 years was 2.5 |ig/dL. The 95th percentile BLL 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." The differences in 95th percentile BLL 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/americaschildrenenviromnent.
311 Draft Strategy to Reduce Lead Exposures and Disparities in U.S. Communities (EPA, 2021) found at
https://www.epa.gov/sy stem/files?file=documentsQ 021-11/updated-public-comment-diaft-lead-stra tegy-ll-16-2021.pdf.
312 For additional information, please visit: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/14/19-71930.pdf.
313 For additional information, please visit: https://www.epa.gov/lead/lead-renovation-repair-and-painting-program.
499
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2022, there were 308 accredited RRP training providers and more than 55,000 certified renovation
firms. In FY 2021, about 33 percent of renovation firms with expiring certifications were
recertified before their certifications expired.
DLHS. Definition of LB P. DLCL. and Public and Commercial Buildings (P&CBs)
In FY 2023, as noted above, EPA will review the DLHS/LBP and DLCL rules and continue
analytical work to support the P&CB rule. These regulations, which reduce lead exposure, can aid
in addressing historic and persistent disproportional vulnerabilities of certain racial, low-income,
and overburdened and underserved communities, and can play an important role toward achieving
the Administration's goals to enhance EJ and equity. The DLHS defines hazardous levels of lead
in residential paint, dust, and soil, and post abatement clearance levels for lead in interior house
dust.
In FY 2019, EPA revised the DLHS.314 EPA also finalized its 2018 proposal to make no change
to the definition of LBP. On January 7, 2021, the final DLCL rule reduced the amount of lead that
can remain in dust on floors and windowsills after lead removal activities to better protect children
from the harmful effects of lead exposure from 40 to 10 |ig/ft2 on floors, and 250 to 100 |ig/ft2 on
windowsills. In accordance with the EO 13990 and consistent with a May 2021 court decision in
the Ninth Circuit,315 EPA has initiated a rulemaking to reconsider the DLHS and DLCL.
Additionally, in light of a May 2021 court decision, EPA will revise the 2001 soil-lead hazard
standards and revisit the definition of lead-based paint. The definition of lead-based paint is
incorporated throughout the lead-based paint regulations, and application of this definition is
central to how the lead-based paint program functions. EPA will, in collaboration with the
Department of Housing and Urban Development (HUD), revisit the definition of LBP and, as
appropriate, revise the definition to make it more protective. EPA is currently evaluating how best
to move forward on this issue.
In FY 2023, EPA will continue to evaluate risk from renovations of public and commercial
buildings pursuant to TSCA §402(c)(3), which directs EPA to promulgate regulations for
renovations in target housing, public buildings built before 1978, and commercial buildings that
create lead-based paint hazards. EPA will determine whether such renovations create LBP hazards
and, if they do, EPA will address those hazards by promulgating work practice, training, and
certification requirements for public and commercial buildings. Low-income, minority children
are disproportionally vulnerable to lead exposure and therefore these efforts, as well as others that
focus on reducing environmental lead levels, have the potential to create significant EJ gains.
Lead-Based Paint (LBP) Activities
In FY 2023, EPA will continue to implement the LBP Activities (Abatement, Risk Assessment,
and Inspection) Rule by administering the federal program to review and certify firms and
individuals and to accredit training providers. 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,
low-income, and overburdened and underserved communities. Additionally, the Agency will
314 For details on the revised rule, please visit: https://www.federalregister.gov/documents/2021/01/07/202Q-28565/review-of-
dust-lead-post-abatement-clearance-levels.
315 For additional information, please visit: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/14/19-71930.pdf.
500
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continue to review and process requests by states, territories, and tribes for authorization to
administer the lead abatement program in lieu of the federal program. Thirty-nine states, four
tribes, the District of Columbia, and Puerto Rico have been authorized to run the LBP abatement
program.
Education and Outreach
In FY 2023 the Agency will continue to provide education and outreach to the public on the
hazards of LBP, emphasizing compliance assistance and outreach to support implementation of
the RRP rule and to increase public awareness about preventing childhood lead poisoning. The
Program will continue to focus on reducing harm in communities disproportionately affected by
lead exposure, including a focus on low income, overburdened, underserved, and tribal
communities, and providing community leaders a means to educate their own communities about
lead hazards and the importance of lead poisoning prevention. Finally, EPA will continue to
provide support to the National Lead Information Center (NLIC) to disseminate information to the
public.316
Performance Measure Targets:
(PM RRP30) Percentage of lead-based paint RRP firms whose certifications
FY 2022
FY 2023
are scheduled to expire that are recertified before the expiration date.
Target
Target
32
33
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$620.0) 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.
Statutory Authority:
Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq. - Sections 401-412.
316 For additional information, please visit: https://www.epa.gov/leacl/forms/lead-hotliiie-iiatioiial-lead-infoniiation-center.
501
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Underground Storage Tanks (LUST/UST)
502
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LUST / UST
Program Area: Underground Storage Tanks (LUST / UST)
Goal: Safeguard and Revitalize Communities
Objective(s): Reduce Waste and Prevent Environmental Contamination
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
s
S 11.250
S 12.50 J
sun
Leaking Underground Storage Tanks
$9,561
$9,470
$9,811
$341
Total Budget Authority
$19,931
$20,720
$22,375
$1,655
Total Workyears
88.1
91.6
95.6
4.0
Program Project Description:
Environmental Program Management (EPM) resources fund EPA's work in the Leaking
Underground Storage Tank (LUST)/UST Program to help prevent releases of petroleum through
activities such as inspection and compliance assistance support. The EPM LUST/UST Program
provides states317 and tribes with technical assistance and guidance, and by directly funding
projects that assist states and tribes in their program implementation, such as the Tribal
Underground Storage Tanks Database (TrUSTD). EPA is the primary implementer of the UST
Program in Indian Country. With few exceptions, tribes do not have independent UST program
resources. EPA will provide facility-specific compliance assistance for UST facility owners and
operators in communities with environmental justice concerns in Indian country.
This program supports the Administration's priority of mitigating the negative environmental
impacts to communities that are historically underserved, marginalized, and adversely affected by
persistent poverty and inequality, as articulated in Executive Order 13985: Advancing Racial
Equity and Support for Underserved Communities Through the Federal Government ,318 As of July
2021, approximately 53 million people lived within a quarter mile of an active UST facility,
representing 16 percent of the total U.S population. These communities tend to be more minority
and lower income than the U.S. population as a whole.319
In 2005, Congress passed the Energy Policy Act (EPAct) which, along with other release
prevention measures, requires states to inspect facilities at least once every three years. EPA has
317 States as referenced here also include the District of Columbia and five territories as described in the definition of state in the
Solid Waste Disposal Act.
318 For more information, please refer to: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-govemment/.
319 U.S. EPA, Office of Land and Emergency Management 2021. Data collected includes: (1) UST information as of late-2018 to
mid-2019 depending on the state from ORD & OUST, UST Map,
https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=b03763d3f2754461adfB6fl21345d7bci and (2) population data
from the 2015-2019 American Community Survey.
503
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been supporting states in these efforts. Between 2008 and 2021, the number of annual confirmed
releases has decreased by 33 percent (from 7,364 to 4,991).320
A recent EPA study suggests that increased UST compliance is a result of increasing inspection
frequency. EPA's statistical analysis, using the State of Louisiana's and Arkansas's UST data,
showed a positive and statistically significant effect of increased inspection frequency on facility
compliance.321 This evidence supports the data trends the Agency witnessed: compliance rates rose
notably after fully implementing the three-year inspection requirement.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.2, Reduce Waste and Prevent
Environmental Contamination in the FY 2022 - 2026 EPA Strategic Plan.
EPA estimates that only 2 percent of the Nation's 125,000 retail fuel locations have the appropriate
equipment to store higher blends of ethanol, which means that the remaining UST systems will
need some level of upgrade before they can safely and legally store El 5. This poses a greater risk
of having an accidental fuel release in nearby communities. To help address this, EPA is requesting
additional resources to establish a targeted, national program to improve the compatibility of UST
systems with El5 in fenceline communities where El5 is more prevalently used.
Requested resources will be used to:
Conduct outreach and education to UST owners to ensure they both understand the
regulatory requirements to store El 5 and the technical process they can use to determine
their compatibility in complying with those requirements so they can safely store El5; and
Hire staff to support state inspection programs and to conduct direct El 5 compliance
inspections in Indian Country.
This investment is one part of a collective plan to support the use of El5, while protecting the
surrounding communities and compliments investments being proposed in LUST Prevention and
Research: Sustainable and Healthy Communities.
In FY 2023, EPA will continue to engage in the following core activities:
Support enhanced inspections and evaluations for UST owners/operators to ensure that
UST systems meet current regulations. This will include expanded development and use
of a facility specific compliance assistance application for use in Indian Country.
Develop tools and resources to assist states in adapting to the impacts of climate change
and extreme weather events. This includes developing tools and resources to assist states
in identifying facilities that are more prone to flooding or wildfires and helping these
facilities prepare for these events before they occur.
320 For more information, please refer to https://www.epa.gov/system/files/documeiits/2021-l l/ca-2 l-34.pdf.
321 Sullivan, K. A.; Kafle, A (2020). The Energy Policy Act of2005: Increased Inspection Frequency and Compliance at
Underground Storage Tank Facilities. OCPA Working Paper No. 2020-01.
504
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Provide oversight for state LUST prevention grants and provide compatibility compliance
assistance for tribal facilities.
Continue research studies that identify the compatibility of new fuel formulations with
current tank systems.
Continue to coordinate with state UST prevention programs.
Provide technical assistance, compliance help, and expert consultation to state, tribal, and
stakeholders on both policy and technical matters. This support strives to strengthen the
network of federal, state, tribal, and local partners (specifically communities and people
living and working near UST sites) and assists implementation of the UST regulations.
Provide guidance, training, and assistance to the regulated community to improve
understanding and compliance.
Continue to work with industry, states, and tribes to identify causes and potential solutions
for corrosion in diesel tanks. Work in this area is important given the significant findings
regarding the increasing prevalence of corrosion of UST system equipment containing
ethanol or diesel fuels.322
EPA will continue to collect data regarding both the compliance rate and the number of new
releases for UST systems in Indian Country. The compliance rate will help determine progress
toward meeting EPA's revised regulations and help identify any areas that need specific attention.
In addition, EPA will continue its work to evaluate the effectiveness of its 2015 regulations, which
are designed to ensure existing UST equipment continues to function properly.
Performance Measure Targets:
Work under this program supports performance results in the LUST Prevention Program under the
LUST appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$344.0) 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.
(+$970.0 / +4.0 FTE) This program change requests additional FTE to support the new
fenceline communities program and to conduct direct El 5 compliance inspections in Indian
Country. Resources also will be used for the development and coordination of outreach
materials to the regulated community. This investment includes $705.0 thousand in payroll.
322 For more information, please refer to: www.epa.gov/ust/emerging-fuels-and-underground-storage-tanks-usts#tab-3
505
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Statutory Authority:
Resource Conservation and Recovery Act §§ 8001, 9001-9011.
506
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Water Ecosystems
507
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National Estuary Program / Coastal Waterways
Program Area: Protecting Estuaries and Wetlands
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 2V.4VU
S3I.H22
S32J.S-I
SM,2
Total Budget Authority
$29,496
$31,822
$32,184
$362
Total Workyears
35.5
36.9
36.9
0.0
Program Project Description:
The National Estuary Program (NEP)/Coastal Waterways Programs work to restore the physical,
chemical, and biological integrity of estuaries of national significance and coastal watersheds by
protecting and restoring water quality, habitat, and living resources.323
The Nation's coasts are facing devastating ecological and societal stress now, and communities
with environmental justice concerns, especially people of color, low-income, and Indigenous
communities, are experiencing disproportionate climate impacts. Sea level rise and shoreline loss,
dead zones, harmful algal blooms, coral bleaching, coastal acidification, wetland and habitat loss,
shifts in species composition and habitat, frequent flooding, degraded water quality, and billion-
dollar storms are becoming routine. The water quality and ecological integrity of estuarine and
coastal areas is critical to the economic vitality of the U.S. While the estuarine regions of the U.S.
comprise just 12.6 percent of U.S. land area, they contain 43 percent of the U.S. population and
provide 49 percent of all U.S. economic output.324 The economic value of coastal recreation in the
U.S. - for beach going, fishing, bird watching, and snorkeling/diving - has been conservatively
estimated by the National Oceanic and Atmospheric Administration to be in the order of $20
billion to $60 billion annually.325 Wetlands also protect coastal property by absorbing storms,
floods, and high waves. They stabilize shorelines and prevent land from eroding. The storm
damage services provided by wetlands are valued at over $23 billion dollars annually.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will provide $19.6 million in Clean Water Act Section 320 grants for 28 NEPs
($700 thousand per NEP). This is a highly leveraged program with projects that address coastal,
323 For more information, please visit https://www.epa.gov/nep.
324 For more information, please visit https://www.fisheries.noaa.gov/national/habitat-conservation/estuary-habitat.
325 For more information, please visit https://www.fisheries.iioaa.gov/iiatioiial/habitat-coiiseii/atioii/coastal-wetlaiids-too-
valuable-lose.
508
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estuarine, and inland freshwater ecosystem needs. On average, NEPs leverage over $20 for every
dollar provided by EPA. This funding will strengthen EPA's staff and internal resource capacity
to support and manage core NEP programmatic activities, including the implementation of the
NEP Comprehensive Conservation and Management Plans, addressing findings from regular
program evaluations of individual NEPs, oversight of the day-to-day operations of the NEPs, and
management of Clean Water Act Section 320 grant funds. The FY 2023 funding will provide
capacity to support NEP programs that address priority issues such as nutrient management, habitat
protection and restoration, water quality, and climate adaptation and resiliency. In addressing
climate issues, NEPs will assess climate change vulnerabilities, develop and implement adaptation
and resiliency strategies, engage and educate stakeholders, and implement collaborative projects
with regional, state, and local partners. Funding also will support the NEPs in developing the skills
and capacity to integrate environmental and climate justice into their guiding documents and daily
operations. The FY 2023 request includes $2 million for the NEP Coastal Watersheds Grant
program. FY 2023 funding will be used to reinvigorate the Climate Ready Estuaries (CRE)
program326 and other important coastal program activities. CRE provides technical support to
NEPs and other coastal community leaders and advises on climate resiliency nationally. EPA also
will continue to work with other federal agencies, states, and tribes to assess ocean and coastal
acidification and identify opportunities to implement actions to mitigate the effects of acidification.
EPA continues to work with states, tribes, trust territories, NEPs, and other Federal agencies to
implement the National Aquatic Resource Survey (NARS) in coastal/estuarine waters. In FY 2022,
the NARS coastal survey will complete processing of samples collected during FY 2021 and
provide validated sample results to partners. Analysis and interpretation of the sample results will
be used for the next National Coastal Condition Report targeted for publication in FY 2023.
EPA, as the federal chair of the Gulf Hypoxia Task Force, will work with other task force member
federal agencies and twelve member states to continue implementation of the 2008 Gulf Hypoxia
Action Plan. This activity complements other coordination and implementation resources in the
Geographic Program: Gulf of Mexico and Surface Water Protection Program. A key goal of the
Gulf Hypoxia Action Plan is to improve water quality in the Mississippi River Basin and reduce
the size of the hypoxic zone in the Gulf of Mexico by implementing existing and innovative
approaches to reduce nitrogen and phosphorus pollution in the Basin and the Gulf. Hypoxia Task
Force member states are implementing their nutrient reduction strategies, partnering with land
grant universities, reporting on measures to track progress, and identifying a need for adaptive
management., while the Task Force is developing basin-wide metrics. Excessive nutrients can have
both ecological and human health effects. For example, high nitrate levels in drinking water have
been linked to serious illness.327 In addition to the public health risks, there are considerable
economic costs from impaired drinking water. State support for effective nutrient reduction in the
326 For more information, please visit: https://www.epa.gov/cre.
327 For more information, please visit:
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Gulf will be coordinated with other Hypoxia Task Force federal member agencies, such as the
U.S. Department of Agriculture and U.S. Geological Survey, in high-priority watersheds.
Performance Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$296.0) 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.
(+$66.0) This program change is an increase of resources to support the restoration of the
water quality and ecological integrity of estuaries of national significance.
Statutory Authority:
2021 Protect and Restore America's Estuaries Act; 1990 Great Lakes Critical Programs Act of the
Clean Water Act; Great Lakes Legacy Reauthorization Act of 2008; Clean Water Act Section 320;
Estuaries and Clean Waters Act of 2000; Protection and Restoration Act of 1990; North American
Wetlands Conservation Act; Water Resources Development Act; 2012 Great Lakes Water Quality
Agreement; 1987 Montreal Protocol on Ozone Depleting Substances; 1909 Boundary Waters
Treaty.
510
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Wetlands
Program Area: Protecting Estuaries and Wetlands
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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Total Budget Authority
$18,562
$19,300
$25,637
$6,337
Program Project Description:
EPA's Wetlands Protection Program has two primary components: 1) the Clean Water Act (CWA)
Section 404 regulatory program and 2) the state and the tribal wetland development program.
Major activities of the Wetlands Protection Program include timely and efficient review of CWA
Section 404 permit applications submitted to the United States Army Corps of Engineers (US ACE)
or authorized states; engaging and partnering with USACE, states, and other stakeholders to
develop stream and wetland assessment tools, and improving compensatory mitigation
effectiveness and availability of credits; assisting in the development of state and tribal wetlands
protection and restoration programs under CWA; and providing technical assistance to the public
on wetland management and legal requirements.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY2022 - 2026EPA Strategic Plan. In FY 2023, EPA is requesting an additional
$6.3 million and 21.6 FTE to build back core capacity to support EPA's state and tribal partners
through enhancing their wetlands protection programs.
Working with federal, state, tribal, and local partners, EPA will strive to ensure an effective,
consistent approach to wetlands protection, restoration, and permitting. To achieve this goal, the
Agency will continue its collaborative relationship with the USACE in the CWA Section 404
permitting program and continue its work with states and tribes to build their wetlands programs
to monitor, protect, and restore wetlands to achieve multiple societal benefits, including adapting
and mitigating the effects of climate change.
CWA Section 404
Section 404 of the CWA is an established program to regulate the discharge of dredged or fill
material into waters of the United States, including wetlands. USACE is responsible for managing
the day-to-day permit processes nationwide under CWA Section 404.328 EPA engages in the CWA
328 Currently three states, Michigan, New Jersey, and Florida have assumed the CWA Section 404 permit program. CWA Section
404(g) gives states and tribes the option of assuming, or taking over, the permitting responsibility and administration of CWA
Section 404 permit program for certain waters.
511
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404 permit process to ensure compliance with the CWA Section 404(b)(1) guidelines as the
permitting authority formulates their proposed permits. In 2008, EPA and USACE issued a final
rule governing compensatory mitigation for activities authorized by the CWA 404 and associated
losses of aquatic resources. The current regulation prescribes a review and approval process for
the establishment and management of mitigation banks and in-lieu of fees program. EPA and
USACE will continue to work together to evaluate the effectiveness of the program, provide
training to regulators and the public, and consider further enhancements to the rule and program.
In FY 2023, EPA will support the development of stream and wetland assessment methods,
trainings for regulators, and regional crediting protocols for compensatory mitigation to improve
the efficiency and environmental outcomes of federal and state agency review. In addition, EPA
and USACE will continue improving efficiencies in federal CWA Section 404 permitting that
would help reduce potential costs and delays; increasing consistency and predictability; improving
protection of public health and the environment, including assessing climate impacts and impacts
to disadvantaged communities; and ensuring permit decisions are legally defensible.
EPA also will continue carrying out its responsibilities as a member of the Gulf Coast Ecosystem
Restoration Council authorized under the Resources and Ecosystem Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States (RESTORE) Act, and as a Natural
Resource Damage Assessment (NRDA) Trustee for the Deepwater Horizon oil spill under the Oil
Pollution Act (OP A). Under CWA Section 404, the RESTORE Act, and OP A, EPA's
responsibilities include timely, environmentally sound, and compliant implementation of National
Environmental Policy Act (NEPA) review and associated permitting. Under NRDA, EPA is a
cooperating or lead federal agency for NEPA on all Deepwater Horizon Trustee Implementation
Group restoration plans and ensures the appropriate level of NEPA analysis is integrated into those
referenced restoration plans. EPA's RESTORE responsibilities include NEPA analysis for projects
that the Council assigns to EPA. As a NRDA Trustee, EPA undertakes mandatory independent
third-party financial audits every three years to ensure accountability regarding the use of funds
provided under a 2016 consent decree.329 The first independent third-party financial audit was
initiated in FY 2018 and concluded in FY 2020 with no negative findings. The second audit is
underway and will conclude in FY 2022.
Building State and Tribal Wetlands Programs
EPA will continue to work with states and tribes to target Wetlands Protection Program funds to
core statutory requirements while providing states and tribes flexibility to best address their
priorities. This includes providing assistance to states and tribes interested in assuming
administration of the CWA Section 404 program. EPA intends to propose a rule in FY 2023 to
update the existing assumption regulations and provide greater clarity to state and tribes on what
waters may be assumed. The Agency anticipates taking final action in FY 2024. EPA also will
continue to administer Wetlands Program Development grants in support of state and tribal
wetlands programs. The Agency will focus on working more efficiently with states and tribes to
achieve specific program development outcomes including protecting and restoring wetlands to
address climate impacts and supporting state and tribal assumption of the CWA Section 404
330
program.
329 For more information, please see: https://www.epa.gov/sites/production/files/2016-02/documents/deepwaterhorizon-cd.pdf.
330 For more information, please see: https://www.epa. gov/wetlands.
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Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$864.0) 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.
(+$5,473.0 / +21.6 FTE) This program change is an increase of resources and FTE to
support the implementation of the Clean Water Act to protect and restore wetlands. This
investment includes $3,569 million in payroll.
Statutory Authority:
CWA § 404.
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Water: Human Health Protection
514
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Beach / Fish Programs
Program Area: Ensure Safe Water
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
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Final Actuals
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3.2
3.8
0.6
Program Project Description:
The Beach/Fish Program provides up-to-date science, guidance, technical assistance, and
nationwide information to state, tribal, and federal agencies to protect human health of beach goers
from contaminated recreation waters, as well as recreational and subsistence fishers (e.g., tribal
communities and other underserved populations) from consumption of contaminated fish.
The Agency implements the following activities under this program:
Develop and disseminate methodologies and guidance that states and tribes use to sample,
analyze, and assess fish tissue in support of waterbody specific or regional consumption
advisories.
Develop and disseminate guidance that states and tribes can use to conduct local fish
consumption surveys.
Develop and disseminate guidance that states and tribes can use to communicate the risks
of consuming chemically contaminated fish.
Gather, analyze, and disseminate information to the public and health professionals that
informs decisions on when and where to fish, and how to prepare fish caught for recreation
and subsistence.
Provide best practices on public notification of beach closures and advisories.
Develop tools such as the sanitary survey app, predictive modeling, and improved
analytical methods.
Maintain the E-Beaches IT system to collect data required by the BEACH Act.
In addition to providing technical support to states and tribes on beach monitoring and data
reporting, these programs are part of EPA's ongoing effort to increase public awareness of the
risks to human health associated with contact with recreational water contaminated with pathogens
and Harmful Algal Blooms and with eating locally caught fish with pollutants such as mercury,
PCBs, or PFAS, at levels of concern. These efforts are directly linked to the Agency's mission to
protect human health.
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FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will continue to:
Update science and public policy to assess and manage the risks and benefits of fish
consumption.
Provide analytical tools and collect data associated with beach monitoring.
Provide technical support to states in the operation of their fish consumption advisories and
beach monitoring programs, including revision of recommended target analytes per the
Agency's PFAS Roadmap.
Build program capacity, particularly in areas related to environmental justice, water
infrastructure support and oversight, climate change resilience, and regulatory reviews.
Per the Agency's PFAS Roadmap, complete human biomarker report on PFAS in blood
serum and relationship with consumption of fish.
Per the Agency's PFAS Roadmap, conduct analysis and data reporting for contaminants
including PFAS for the first time in a national lake study, as a human health indicator.
In FY 2023, EPA also will make investments in providing up-to-date science, guidance, and
technical assistance so states and tribes have equitable and effective beach and fish advisory
programs. This allows the public, including underserved communities, to make informed choices
about recreational activities in local waters and eating locally caught fish. EPA will upgrade the
E-Beaches IT system.
Performance Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$30.0) 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.
(+$213.0 / +0.6 FTE) This program change is an increase of resources and FTE to build
program capacity, particularly in areas related to environmental justice, water
infrastructure support and oversight, climate change resilience, and regulatory reviews.
This investment includes $115.0 thousand in payroll.
Statutory Authority:
Clean Water Act, § 101, 104, and 303.
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Drinking Water Programs
Program Area: Ensure Safe Water
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Ensure Safe Drinking Water and Reliable Water Infrastructure
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
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FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.1, Ensure Safe Drinking Water and
Reliable Water Infrastructure in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the program will support the Agency's national drinking water priorities and
implementation of the Infrastructure Investment and Jobs Act of 2021 (IIJA), including:
addressing lead and emerging contaminants such as PFAS;
improving resilience in drinking water systems, to address natural hazards, including
climate change, and human threats by enhancing cybersecurity; and,
improving drinking water and water quality across the Nation, especially in rural, small,
underserved, and disadvantaged communities across the country.
In FY 2023, EPA's requested additional resources will support the development and/or
implementation of regulatory activities, including:
developing the new regulation, Lead and Copper Rule Improvements;
promulgating a PFAS drinking water rule, including public outreach activities; and,
conducting PFAS monitoring under the fifth cycle of the Unregulated Contaminant
Monitoring Rule (UCMR), consistent with EPA's PFAS Strategic Roadmap.
Collectively, additional resources for these efforts will support community engagement activities
and help local communities ensure their residents have access to safe drinking water.
The Agency will continue to improve the effectiveness and efficiency of its programs for states
and tribes, including work to ensure EPA water programs and resources reach communities that
too often have been left behind, including rural and tribal communities. The Drinking Water
Program supports this effort by providing training and assistance to state drinking water programs,
tribal drinking water officials, and technical assistance providers. The training includes:
achieving and maintaining compliance at drinking water systems;
developing and amplifying best practices;
strengthening state and tribal program capacity; and,
certifying drinking water operators and maintaining an essential workforce.
The Agency will continue to provide funding to states to assist underserved, small and
disadvantaged communities with Safe Drinking Water Act (SDWA) compliance, and providing
households access to drinking water services and household water quality testing, including
unregulated contaminants.
EPA is overseeing state drinking water programs by completing the annual public water system
supervision program review for each primacy agency as required under SDWA. The Agency is
also continuing to modernize the Safe Drinking Water Information System for states (SDWIS-
State). Information gained during the program reviews, which occur throughout the year, includes
an analysis of the completion of sanitary surveys by the primacy agency and an evaluation of
whether the primacy agency is implementing its programs in accordance with SDWA. The annual
program reviews directly support the work of the states and the Agency to reduce the number of
community water systems still in noncompliance with health-based standards. As of January 2022,
518
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more than 2,880 systems have returned to compliance since 2017. EPA continues to work with
states towards long-term remediation of health-based system violations. The information gained
from the reviews and the SDWIS modernization efforts also support evidence-building activities
as part of EPA's implementation of the Foundations for Evidence-Based Policymaking Act of
2018 (Evidence Act). The Agency also continues to work with states on:
maintaining their capacity development programs and providing resources and tools to
assist water systems with SDWA compliance;
effectively coordinating with Public Water System Supervision (PWSS) programs; and,
providing operator certification programs to support the water sector workforce.
Water Infrastructure
Infrastructure investment is essential as the Nation's aging infrastructure poses a significant
challenge for the drinking water and wastewater sectors to protect public health and the
environment. These challenges are particularly pressing in small, rural, overburdened, and
underserved communities. In FY 2023, EPA will continue to support funding of the Nation's
drinking water infrastructure, including infrastructure needs and assistance for disadvantaged and
tribal communities. The Agency also will support activities to leverage and encourage public and
private collaborative efforts and investments. This Program also supports the Agency's efforts in
implementing the IIJA. EPA will focus on helping disadvantaged communities access the funding
provided by IIJA.
EPA will continue to work on the seventh Drinking Water Infrastructure Needs Survey, which
EPA expects to release in early 2023. This survey provides a 20-year capital investment need for
public water systems that are eligible to receive funding from state Drinking Water State
Revolving Fund (DWSRF) programs. The survey also informs the DWSRF allocation formula as
required under SDWA.
In addition to the DWSRF Program, in FY 2023 EPA will continue to support drinking water
infrastructure programs by implementing the following statutes:
the Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) within IIJA;
Water Infrastructure Improvements for the Nation Act of 2016 (WIIN);
America's Water Infrastructure Act of 2018 (AWIA); and,
The Water Infrastructure Finance and Innovation Act of 2014 (WIFIA).
Collectively, these laws strengthened existing programs and created new ones to tackle significant
public health concerns and environmental needs. The programs created in these laws are vital to
protecting public health, continuing to grow the United States' economy, and ensuring that rural
and urban communities from coast-to-coast can thrive. EPA will continue to provide WIIN,
AWIA, and IIJA grant funding for drinking water lead reduction projects and to enhance water
system resiliency to natural hazards such as climate change and man-made threats such as
cybersecurity, with a focus on small and disadvantaged communities.
Funding for infrastructure supports EPA's goal to increase the cumulative amount of non-federal
dollars leveraged by water infrastructure finance programs by $9 billion in FY 2023. These water
infrastructure finance programs include the Clean Water State Revolving Fund, DWSRF, and the
WIFIA program. Over $22.3 billion has been leveraged in FY 2020 and FY 2021.
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Drinking Water Program Implementation
In FY 2023, the Agency will continue to work with states to implement requirements for all
NPDWRs to ensure that systems install, operate, and maintain appropriate levels of treatment and
effectively manage their drinking water plants and distribution systems. The program activities are
designed to improve drinking water and water quality across the Nation, especially in tribal and
underserved and vulnerable communities. Activities include:
Working with states to provide training and resources to replace lead service lines and
optimize corrosion control treatment, develop other strategies to minimize exposure to
lead, and maintain simultaneous compliance;
Developing guidance, tools, and trainings to support water systems and primacy agencies
in implementing the Lead and Copper Rule;
Developing regulations to improve the clarity, readability, and accuracy of information in
Consumer Confidence Reports;
Developing regulations to implement SDWA Section 1414 requirements allowing states to
mandate water system restructuring assessments; and,
Focusing on the reduction of the number of community water systems with health-based
violations, especially small systems, tribal systems, and systems in underserved
communities.
EPA will continue the development of modernized SDWIS-State and support state migration to
the Compliance Monitoring Data Portal, which enables drinking water utilities and laboratories to
report drinking water data electronically. In addition, EPA will continue the development of
efficient program data management and reporting tools focusing on drinking water regulation,
system technical, managerial, and financial capacity, and activities that inform status of SDWA
compliance and decisions to support human health protection.
In FY 2023, EPA will conduct the following activities to facilitate compliance with drinking water
rules:
Overseeing the national PWSS Program by administering grants to states and measuring
program results based on state reporting of health-based rule violations at public water
systems for over 90 drinking water contaminants;
Offering training and technical assistance to states, tribes, and public water systems,
especially those in underserved and disadvantaged communities, with a priority on
addressing significant noncompliance with the NPDWRs;
Bolstering its strong partnership with the states to provide small system technical
assistance, especially in disadvantaged communities, with a focus on compliance with
rules, operational efficiencies, and system sustainability to ensure public health protection;
Directly implementing the Aircraft Drinking Water Rule, designed to protect millions of
people who travel on approximately 5,700 aircraft in the United States annually; and,
Directly implementing the Drinking Water Program where states and tribes do not have
primacy (e.g., Wyoming, the District of Columbia, and tribal lands excluding the Navajo
Nation).
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In FY 2023, EPA is requesting an additional $185,000 and 1 FTE to augment its efforts to
implement the Evidence Act. This Administration is committed to making evidence-based
decisions guided by the best available science and data. These resources will help develop
statistical evidence where it is lacking and improve EPA's capacity to generate and share science
and data, and use it in policy, budget, operational, regulatory, and management processes and
decisions. Specifically, the Agency will be conducting evidence-building activities and gathering
information from SDWIS and the Compliance Monitoring Data Portal that inform the data quality
of the Agency's drinking water compliance information. EPA will pilot a compliance verification
tool to directly analyze state compliance data and compare it to reported violations. Through these
efforts, EPA expects to identify additional data needs, potential sources of additional information,
and mechanisms to fill data gaps. EPA also will identify system characteristics that support
compliance and those that cause compliance challenges. EPA will use these findings to inform and
develop policy instruments.
Drinking Water Standards
To assure the American people that their water is safe to drink, EPA's drinking water regulatory
program monitors for a broad array of contaminants, evaluates whether contaminants are a public
health concern, and regulates contaminants when there is a meaningful opportunity for health risk
reduction for persons served by public water systems. In FY 2023, the Agency also will address
drinking water risks with the following actions:
Continuing to develop the new regulation, Lead and Copper Rule Improvements (LCRI),
announced by EPA on December 16, 2021, to better protect communities from exposure
to lead in drinking water. In FY 2021, EPA announced the delay of the effective date of
the Lead and Copper Rule Revisions (LCRR) until December 16,2021, and the compliance
date to October 16, 2024. The delay in the effective date is consistent with presidential
directives issued on January 20, 2021, to the heads of federal agencies to review certain
regulations, including the LCRR (Executive Order 13990.)334 Following the Agency's
review of the LCRR under Executive Order 13990, EPA concluded that the rule should go
into effect because it provides improved protections of public health. EPA also concluded
there are significant opportunities to improve the rule to support the overarching goal of
proactively removing lead service lines and more equitably protecting public health.
Conducting human health effects assessments for water contaminants to support SDWA
actions, including the derivation of maximum contaminant level goals, drinking water
health advisories, and human health benchmarks. Consideration of those potentially most
at risk - especially sensitive subpopulations and critical life stages (e.g., infants and
children) - is key in development of health effects assessments for contaminants in water.
After a thorough review in accordance with the Administration's executive orders and
other directives, EPA reissued the final regulatory determination to regulate PFOA and
PFOS in drinking water on February 22, 2021 without substantive change. In FY 2021,
EPA began the process to establish enforceable limits for two PFAS chemicals, PFOA and
PFOS, under SDWA. EPA intends to propose NPDWRs for PFOA and PFOS in FY 2023,
supported by: health effects assessments/science; external consultations; peer reviews, and
334 For additional information, please see: https://www.federalregister.gov/documents/2021/01/25/2021-Q1765/protecting-public-
health-aiid-the-enYiromiient-aiid-restoriiig-science-to-tackle-the-cliiiiate-crisis
521
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other work being undertaken in FY 2022. EPA also will begin to respond to public
comments; conduct additional analyses (if needed) in response to public comments;
conduct stakeholder engagement activities; and revise support documents and draft the
final regulation.
After the expected completion of the final fifth Contaminant Candidate List (CCL 5) in FY
2022, EPA will begin developing the SDWA-mandated draft Regulatory Determinations
for the CCL 5.
Continuing to participate in interagency actions and support cross-agency efforts to address
PFAS; better understand the health impacts and extent of their occurrence in the
environment and resulting human exposures; and support priorities identified by the EPA
Council on PFAS.
Developing drinking water health advisories for PFAS with final toxicity values, including
GenX chemicals and PFBS (anticipated in Spring 2022), and updated health advisories for
PFOA and PFOS as quickly as possible following Science Advisory Board review of the
toxicity values.
Continuing to develop risk communication and other tools to support states, tribes, and
localities in managing PFAS and other emerging contaminants in their communities.
Continuing to conduct analyses in support of the fourth six-year review of existing
NPDWRs, utilizing state data for regulated contaminants collected between 2012-2019.
Continuing to support state and tribal efforts to manage cyanotoxins in drinking water,
including providing technical assistance.
Continuing to conduct technical analyses, develop draft technical support documents and
other materials, and form and support a focused National Drinking Water Advisory Council
workgroup seeking input and advice to support revisions to the existing Microbial and
Disinfection Byproducts Rules.
Beginning PFAS monitoring under UCMR 5, conducting occurrence analyses, and
providing support to drinking water systems and laboratories as they collect and analyze
samples during implementation.
Collecting Community Water System Survey data to capture changes in the conditions of
public water systems that have taken place in water systems over the past 16 years.
Source Water Protection
SDWA requires drinking water utilities that meet the definition of a public water system to meet
requirements for source water protection set by EPA and state primacy agencies. Protecting source
water from contamination helps reduce treatment costs and may avoid or defer the need for
complex treatment. EPA will continue to partner with states, federal counterparts, drinking water
utilities, and other stakeholders to identify and address current and potential threats to sources of
drinking water. In FY 2023, the Agency will be:
Continuing to develop data-layers and decision support tools to assist source water
assessment, planning, and emergency preparation including updates to the Drinking Water
Mapping Application for Protecting Source Waters (DWMAPS) on EPA's web-based
geospatial platform, GeoPlatform,335
335 For more information, please see: https://www.epa.gov/sourcewaterprotection/dwmaps.
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Working with state, federal, utility, and local stakeholders to leverage resources, support
efforts to assist communities in source water protection activities and projects, and promote
ongoing efforts to protect drinking water sources.
Continuing to partner with the Department of Agriculture (USDA)'s Natural Resources
Conservation Service and Forest Service, and state partners to support implementation of
the source water protection provisions of the Agriculture Improvement Act of 2018 (2018
Farm Bill). This presents an opportunity to forge stronger connections between EPA and
USD A to address agriculture-related impacts to drinking water sources.
Continuing to provide support for workshops that promote source water protection at the
local level and support the integration of source water protection into related programs at
the state and federal levels, focusing on reducing nutrient pollution impacts on drinking
water sources.
Working with stakeholders to implement source water protection provisions mandated by
AWIA. EPA will support the implementation of the AWIA revisions to the Emergency
Planning and Community Right-to-Know Act as it relates to notification of releases of
hazardous chemicals that potentially affect source water. In addition, the Agency will
support community water systems having access to hazardous chemical inventory data.
Continuing to serve as an expert on sources of emerging drinking water contaminants and
options for limiting or preventing such contamination through source water protection and
integration of SDWA and Clean Water Act (CWA), particularly through development and
implementation of ambient water quality criteria for the protection of human health.
Supporting the development of outreach and training materials on incorporating source
water protection into asset management to further the concept that source water protection
is an integral part of the overall planning and management of a utility.
Underground Injection Control
Roughly one-third of the United States' population is served by public water systems that receive
water from ground water. To safeguard current and future underground sources of drinking water
from contamination, the UIC Program regulates the use of injection wells that place fluids
underground for storage, disposal, enhanced recovery of oil and gas, and minerals recovery.
Protecting ground water requires proper permitting, construction, operation, and closure of
injection wells. In FY 2023, activities in the UIC Program include:
Working with the Ground Water Protection Council, Interstate Oil and Gas Compact
Commission, and the National Rural Water Association to identify best practices in oil and
gas development, such as reuse and recycling of produced water, that can help safeguard
public health.
Supporting the Administration's efforts to tackle the climate crisis and implementing the
Drinking Water and Wastewater Infrastructure Act of 2021 to support comprehensive
carbon dioxide infrastructure in the United States, by working with permit applicants on
Class VI permits for secure geologic storage of carbon dioxide and with state UIC
programs seeking to obtain state primacy for the Class VI program.
Working with authorized state and tribal agencies in their efforts to effectively manage
Class II enhanced oil and gas recovery wells and oil and gas-related disposal wells.
Supporting states and tribes in applying for primary enforcement responsibility and
implementing UIC Program revisions.
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Continuing to provide technical assistance, tools, and strategies to states to improve
implementation of UIC programs, including development of e-learning material.
Using national UIC data to assist with promoting consistent approaches to program
oversight of state and EPA's UIC programs.
Developing tools to support permitting in direct implementation and state implementation
of the Class VI program.
Streamlining EPA's UIC direct implementation permitting process and reducing the permit
application backlog.
Water Sector Cvbersecuritv
Based on recent cyber-attacks on water systems, EPA requests $400,000 and 2 FTE to administer
the new Water Sector Cybersecurity Grant in FY 2023. This new competitive grant will be targeted
toward cybersecurity infrastructure needs within the water sector.
Water Reuse
To assure a safe and reliable source of water that is resilient to drought, flooding, and population
growth, EPA is working to advance the consideration of water reuse nationwide. This work is
being done in collaboration with a broad group of stakeholders including non-governmental
organizations, states, tribes, and local governments. In FY 2023, EPA will continue to support the
National Water Reuse Action Plan. The Agency will develop and pursue actions that prioritize
advancing technical and scientific knowledge on water reuse to ensure its safety across a range of
uses and applications. EPA also will pursue actions in the Plan that provide financial tools for
stakeholders to ensure the accessibility of water reuse.336
One Water/One Community
EPA will coordinate CWA and SDWA investments toward historically underserved and
overburdened communities that are facing greater climate and water equity challenges to achieve
greater resilience, access to clean and safe water, and an improved quality of life. This program
will provide holistic support to communities as they respond to the climate crisis by increasing
funding for planning and implementation actions across the country. Additionally, EPA will work
with tribes to meet the unique needs of their communities.
Performance Measure Targets:
(PM DW-02) Number of community water systems still in noncompliance
with health-based standards since March 31,2021.
FY 2022
Target
FY 2023
Target
640
590
(PM DWT-02) Number of community water systems in Indian Country still
in noncompliance with health-based standards since March 31,2021.
FY 2022
Target
FY 2023
Target
100
90
(PM DW-07) Number of drinking water and wastewater systems, tribal and
state officials, and water sector partners provided with security, emergency
preparedness, and climate resilience training and technical assistance.
FY 2022
Target
FY 2023
Target
2,000
2,000
336 For more information, please see https:/Avww.epa.gov/wateiTeuse.
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(PMINFRA-06) Number of tribal, small, rural, or underserved
FY 2022
FY 2023
communities provided with technical, managerial, or financial assistance to
Target
Target
improve system operations.
339
448
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$3,936.0) 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.
(+$10,255.0 / +51.8 FTE) This program change is an increase in resources and FTE to
support regulatory analysis, development and training, technical assistance for state, tribal,
and local communities to address drinking water contaminants (including Lead and PFAS)
in their efforts to ensure safe and affordable drinking water. This increase also supports
development of the LCRR and the UCMR. This investment also includes $9,054 million
in payroll.
(+$4,843.0 / +7.2 FTE) This program change is an increase in resources and FTE to support
coordinated community assistance work in support of the One Water/One Community
initiative and the Environmental Finance Centers. This investment also includes $1,259
million in payroll.
(+$5,736.0 / +3.0 FTE) This program change is an increase in resources and FTE to support
the implementation of the Agency's PFAS Action Plan, including development of the
PFAS regulation, UCMR implementation, and the CCL. This investment also includes
$524.0 thousand in payroll.
(+$1,000.0 / +2.0 FTE) This program change is an increase in resources and FTE to support
the implementation of the Agency's lead action plan including work on the LCRI. This
investment also includes $350.0 thousand in payroll.
(+$400.0 / +2.0 FTE) This program change is an increase in resources and FTE to
implement the new water sector cybersecurity grant program. This investment also
includes $350.0 thousand in payroll.
(+$185.0 / +1.0 FTE) This program change is an increase in resources and FTE to support
the activities associated with the Evidence Act. This investment also includes $175.0
thousand in payroll.
Statutory Authority:
SDWA; CWA.
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Water Quality Protection
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Marine Pollution
Program Area: Ensure Clean Water
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
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Annualized
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$8,206
$9,468
$12,299
$2,831
Total Workyears
29.7
31.8
38.0
6.2
Program Project Description:
EPA's Marine Pollution Program: 1) aims to reduce marine litter in our waterways and
communities in coastal regions and on major river systems, improve trash capture activities across
the country, and supports the Trash Free Waters Program; 2) addresses incidental discharges under
the Clean Water Act Section 312; and 3) protects human health and the marine environment from
pollution caused by dumping by implementing the Marine Protection, Research and Sanctuaries
Act (MPRSA) and supports the Ocean Dumping Management Program.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY 2022 - 2026 EPA Strategic Plan. To support this work, additional resources
totaling $2.8 million and 6.2 FTE are requested in FY 2023 to fund fixed cost increases and build
core program capacity.
Trash Free Waters Program. The FY 2023 request includes resources and FTE to support trash
capture and prevention programs across the United States tied to water quality and waste
management goals and to implement activities under the Save Our Seas 2.0 Act. This program
provides support to states and municipalities in coastal regions and on major river systems, with a
special focus on lower-income areas with environmental justice concerns.
FY 2023 funding will allow the Program to:
support the installment of trash capture systems in stormwater conveyance systems and in
waterways using technologies that are cost-effective and that have high trash-removal
efficiencies;
provide assistance on integrating trash prevention provisions into municipal stormwater
management permits and practices, as well as broader watershed plans;
aid targeted source reduction efforts;
promote appropriate protocols for trash monitoring efforts;
research and address microplastics (including microfibers) in waterways;
engage in comprehensive outreach and education efforts for trash reduction; and,
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validate and replicate the most effective tools, projects, metrics, and partnerships across
the Nation for subsequent application in locations within the United States and in countries
with the greatest need.
The Trash Free Waters program has been able to increase the number of place-based projects year
by year through active engagement with partners. Since 2013, over 280 Trash Free Water projects
have been undertaken with EPA assistance, public education and outreach, research, and regional
program planning. EPA will continue to work with its partners to advance this initiative in FY
2023.
Vessels Program. In December 2018, the Vessel Incidental Discharge Act (VIDA) was signed into
law establishing a new framework for the regulation of discharges incidental to the normal
operation of vessels. EPA is reviewing and considering public comments on the proposed rule to
set national performance standards for approximately thirty different categories of discharges from
commercial vessels greater than 79 feet in length, and for ballast water from commercial vessels
of all sizes. Following finalization of the regulations, EPA will coordinate with the United States
Coast Guard on their implementing regulations. In FY 2022, EPA plans to issue revised sewage
no-discharge zone guidance for public comment and continue to work with states on designating
no-discharge zones within their waters.
Ocean Dumping Management Program. The MPRSA regulates the disposition of any material in
the ocean unless expressly excluded under MPRSA. In the United States, the MPRSA implements
the requirements of the London Convention. In FY 2023, EPA will evaluate MPRSA permitting
requests for the ocean dumping of all materials except dredged materials and, as appropriate, issue
MPRSA emergency, research, general, and special permits. This may include addressing MPRSA
permitting requests for sub-seabed sequestration of CO2 in geological formations, ocean-based
carbon dioxide removal activities, or ocean-based solar radiation management activities. The U.S.
Army Corps of Engineers uses EPA's ocean dumping criteria when evaluating requests for
MPRSA permits and MPRSA federal project authorizations for the ocean dumping of dredged
material (e.g., to support the expansion of ports and harbors or maintenance of navigation
channels). All dredged material MPRSA permits and federal project authorizations are subject to
EPA review and written concurrence. In FY 2023, EPA will manage approximately 100 EPA-
designated ocean disposal sites, conduct ocean monitoring surveys at approximately six to ten
sites, evaluate requests to designate (through rulemaking) new ocean disposal sites and/or modify
(i.e., expand the capacity of) existing EPA-designated sites. EPA will maintain national program
capacity by training EPA staff and developing technical/regulatory tools to improve MPRSA
permitting, site designation, and site management. EPA will provide training for new Chief
Scientist candidates and existing Chief Scientists responsible for designing and implementing
ocean monitoring surveys. In FY 2023, EPA will serve as the Head of the United States Delegation
for the annual London Convention (LC) and London Protocol (LP) Scientific Groups Meetings,
Alternate Head of the United States Delegation for the annual Consultative Meeting of the LC and
LP Parties, and Chair of the annual LC/LP Consultative Meeting. With the U.S. Army Corps of
Engineers, EPA will submit the annual United States Ocean Dumping Report to the International
Maritime Organization.
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Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$228.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
(+$2,603.0 / +6.2 FTE) This program change is an increase of resources and FTE to build
program capacity, particularly in areas related to environmental justice, water
infrastructure support and oversight, climate change resilience, and regulatory reviews.
This investment includes $1,144 million in payroll.
Statutory Authority:
Clean Water Act; Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act);
Marine Debris Research, Prevention and Reduction Act of 2006; Marine Plastic Pollution
Research and Control Act of 1987; Save Our Seas Act 2.0.
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Surface Water Protection
Program Area: Ensure Clean Water
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
.S / 9
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Total Budget Authority
$197,137
$206,882
$239,688
$32,806
Total Workyears
937.8
944.2
1,020.8
76.6
Program Project Description:
The Surface Water Protection Program, under the Clean Water Act (CWA), directly supports
efforts to protect, improve, and restore the quality of our Nation's coasts, rivers, lakes, and streams.
EPA works with states and tribes to make continued progress toward clean water goals.
EPA uses a suite of regulatory and non-regulatory programs to protect and improve water quality
and ecosystem health in the nation's watersheds. In partnership with other federal agencies, tribes,
states, territories, local governments, and non-governmental partners, EPA will work
collaboratively with public and private sector stakeholders nationally and locally to establish
innovative, location-appropriate programs to achieve the Agency's goals.
This program also supports implementation of water quality standards, effluent guidelines,
impaired waters listing, water quality monitoring and assessment, water quality certification,
National Pollutant Discharge Elimination System (NPDES) permitting, and management and
oversight of the Clean Water State Revolving Fund (CWSRF).
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY2022 - 2026EPA Strategic Plan. Work in this program also directly supports
progress toward the Agency Priority Goal: Clean up contaminated sites and invest in water
infrastructure to enhance the livability and economic vitality of overburdened and underserved
communities. By September 30, 2023, EPA will provide technical assistance to at least 10
communities to help achieve clean and safe water and reduced exposures to hazardous
substances.337 Current work is focused on developing a map-based screening tool to assist regions
in identifying these communities.
In FY 2023, EPA will work with states and tribes to target funds to core requirements while
providing states and tribes with flexibility to best address their priorities for surface water
protection. The FY 2023 request will allow EPA to focus on advancement of clean water
337 This Agency Priority Goal is implemented jointly with Goal 6.
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infrastructure programs, with an emphasis on building climate change resilience, conducting CWA
regulatory reviews, and advancing environmental justice through technical assistance and
stakeholder engagement.
Program Implementation
Water Quality Criteria and Standards. Water quality criteria and standards provide the scientific
and regulatory foundation for water quality protection programs under the CWA. EPA will provide
new and revised national recommended ambient water quality criteria as required by CWA Section
304. EPA also will be adopting and implementing water quality standards in accordance with 40
CFR part 131. In FY 2023, the Agency will place special emphasis on engaging with underserved
communities in the review and setting of state water quality standards. Many underserved
communities face contamination of their local waters. This work will help empower these
communities to secure adequate water quality standards for their local waters and to drive
attainment of those standards through technical assistance and stakeholder engagement. The
Agency will place special emphasis on improving the water quality standards in tribal waters on
reserved lands and in waterways where tribes retain treaty rights to better ensure that tribes' health
and natural resources are protected.
Effluent Limitations Guidelines (ELGs). As required under the CWA, EPA will continue to
annually review industrial sources of pollution and publish a preliminary ELG plan for public
review, followed by a final biennial ELG plan informed by public comment. These plans will
identify any industrial categories where ELGs need to be revised or where new ELGs need to be
developed. In FY 2023, EPA intends to increase the capability of EPA's Effluent Guidelines
program to reduce industrial pollutant discharges through innovative technology nationwide.
These discharges often directly and disproportionately affect underserved downstream
communities by contaminating their water sources and fish caught for consumption. The Agency
will invest in engaging communities that are so often bearing the brunt of the industrial discharges
that are the focus of ELGs, through surface water and fish contamination, drinking water
contamination, stress on drinking water treatment systems, and impairment of aquatic ecosystems.
In addition, EPA is initiating a new ELG rulemaking to strengthen wastewater guidelines for power
plants that use steam to generate electricity. EPA has decided to implement the 2020 Steam Electric
Reconsideration Rule and simultaneously conduct a rulemaking to potentially strengthen the
Steam Electric ELGs (40 CFR Part 423) under the Clean Water Act. As part of the rulemaking
EPA is committed to meaningful engagement of impacted communities and other stakeholders on
potential revisions to the Steam Electric ELGs. Work in FY 2023 will allow EPA to develop the
new proposed rule which could lead to additional water pollutant reductions by requiring more
stringent pollution control technologies for the waste stream. EPA expects to complete the
proposed rule in FY 2023.
Biosolids. EPA will continue to implement the biosolids (sewage sludge) program as required
under CWA Section 405, including reviewing the biosolids regulations at least every two years to
identify additional toxic pollutants and promulgate regulations for such pollutants consistent with
the CWA. EPA also will continue to develop tools to conduct risk assessments for chemicals and
pathogens found in biosolids. EPA will focus resources on obtaining and using the latest scientific
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knowledge to identify resource recovery and reuse alternatives, understanding and managing the
biosolids lifecycle, engaging partnersparticularly those communities most affectedand
conducting research. Investment in the biosolids program is critical to addressing near term risks
from PFAS, dioxins and dibenzofurans, PCBs, and other chemicals known to be in domestic
sewage sludge that is currently applied to land.
Impaired Waters Listings and Total Maximum Daily Loads (TMDLs). EPA will work with states
and other partners to identify impaired waters, as required by CWA Section 303(d), and on
developing TMDLs followed by waterbody restoration plans for listed impaired waterbodies.
Climate change is increasing the need for this work as it drives more severe weather events, which
in turn may carry higher volumes of pollution into waterways. TMDLs focus on clearly defined
environmental goals and establish a pollutant budget, which is then implemented through local,
state, and federal watershed plans and programs to restore waters. EPA also will work with states
and tribes on their CWA Section 303(d) programs, TMDLs, and other restoration and protection
plans to ensure they are effective and can be implemented. EPA will provide support to promote
implementation ready TMDLs and the protection of unimpaired or high-quality waters. This
program is at an important inflection point as we build on the significant progress implementing
the state-EPA collaborative 10-year program vision, "A Long-Term Vision for Assessment,
Restoration, and Protection under the Clean Water Act Section 303(d) Program," announced in
December 2013. EPA is now working with states and other partners to develop the vision for the
Program for the next 10 years. The announcement of a new long-term program framework is
expected by September 2022. As part of developing the new framework, EPA will be evaluating
how the Program can best address equity, environmental justice, climate, and tribal considerations.
Monitoring and National Aquatic Resource Surveys (NARS). EPA will continue working with
states and tribes to support the National Aquatic Resource Survey's statistically representative
monitoring of the condition of the Nation's waters which supports CWA Section 305(b). EPA will
explore opportunities to leverage NARS data analysis to gain insight on disparities in water quality
and the impacts of climate change. EPA will leverage NARS training programs to support
workforce development in water quality monitoring and build tribal capacity for monitoring and
assessment. EPA also will continue working with states and tribes to support base water quality
monitoring programs and priority enhancements that serve state and tribal CWA programs in a
cost-efficient and effective manner. EPA will continue supporting state and tribal water quality
data exchange and tools to maximize the use of data from multiple organizations to support water
quality management decisions.
Waters of the United States. EPA and the Department of the Army published the final Navigable
Waters Protection Rule (NWPR) in April 2020. In accordance with Executive Order 13990:
Protecting Public Health and the Environment and Restoring Science To Tackle the Climate
Crisis,338 EPA and the Department of the Army completed their review of the NWPR and proposed
a new rule on December 7, 2021. The proposal recommends putting back into place the pre-2015
definition of "waters of the United States," updated to reflect consideration of Supreme Court
decisions. This familiar "waters of the United States" approach had been in place for decades and
338 For more information, please see: https://www.federalregister.gov/documents/2021/01/25/2021-Q1765/protectiiig-public-
health-aiid-the-enYiromiient-aiid-restoriiig-science-to-tackle-the-cliiiiate-crisis
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would solidify the rules of the road while the agencies continue to consult with stakeholders to
build upon that regulatory foundation in an anticipated second rulemaking action.
Water Quality Certification. In response to Executive Order 13868: Promoting Energy
Infrastructure and Economic Growth,339 issued in April 2019, EPA finalized a rule to update the
CWA Section 401 certification regulations in June 2020. In accordance with Executive Order
13990, EPA completed a review of the rule and has initiated a new rulemaking to revise the 2020
rule. EPA's intent is to propose a new rule in FY 2022 to update the Agency's longstanding 1971
regulatory requirements for water quality certification under CWA Section 401. The Agency will
provide robust engagement with states, tribes, and stakeholders during the rulemaking process.
Section 401 of the CWA gives states and authorized tribes the authority to assess potential water
quality impacts of discharges from federally permitted or licensed infrastructure projects that may
affect "waters of the United States."
Water Quality Programs. The NPDES Program protects human health, safety, and the
environment by regulating point sources that discharge pollutants into waters of the United States.
In an average year, over 10,000 permits are issued to address discharges from among the
approximately 15,000 wastewater treatment facilities, nearly 60 categories of industries, and
almost 300,000 stormwater facilities. EPA authorizes the NPDES permit program to state, tribal,
and territorial governments, and currently 47 states, tribes in Maine, and U.S. Virgin Islands have
authorized programs.
In FY 2023, EPA will continue to implement the water quality programs that control point source
discharges through permitting and pretreatment programs. The permitting process is a vital tool
for protecting waterways, particularly in underserved communities that may suffer from a
combination of economic, health, and environmental burdens, by setting effluent limits,
monitoring, and reporting requirements, and other provisions to protect water quality and public
health. In addition, as climate change increases the stress on waterways, these permits allow EPA
and the states to set appropriate requirements for the waste streams that cause harmful algal blooms
(HABs) and increase the temperature of rivers and streams.
In addition, as required under the CWA and Executive Order 12866: Regulatory Planning and
Review,340 EPA will continue to support cost-benefit analysis for CWA regulatory actions. EPA
will work with states, tribes, territories, and local communities to safeguard human health;
maintain, restore, and improve water quality; and make America's water systems sustainable and
secure, supporting new technology and innovation wherever possible.
Nutrient andHAB Reductions. The FY 2023 request includes resources and FTE to support efforts
to reduce nutrient pollution and HABs, which remain the most significant widespread water quality
challenge across the country, despite decades of efforts to achieve reductions.341 Climate change
is exacerbating HABs. The sources and impacts of nutrient pollution and HABs vary depending
on geographic location, and span urban, rural, and coastal landscapes. EPA has been working with
339 For more information, please see: https://www.federalregister.gov/documents/2019/04/15/2019-07656/promoting-energy-
infrastructure-and-economic-growth
340 For more information, please see: https://www.epa.gov/laws-regulations/summary-executive-order-12866-regulatory-
planning-aiid-review.
341 For more information, please see https://www.epa.gov/nutrientpollution.
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its partners to address these challenges. As of January 2022, more than 19,900 square miles of
watersheds with waters identified as impaired by nutrients in October 2019 are now attaining
standards. In FY 2021, EPA released revised ambient water quality criteria under the CWA to
address nutrient pollution in lakes and reservoirs. The FY 2023 request will allow EPA to assist
states, territories, and authorized tribes in the development of numeric nutrient criteria through the
Nutrient Scientific Technical Exchange Partnership & Support (N-STEPS) Program and support
science research related to FLABs.
Per- and Polyfluoroalkyl Substances (PFAS). The FY 2023 request directs resources toward
addressing PFAS in surface waters through the development of national recommended ambient
water quality criteria for PFOA and PFOS; biosolids risk assessments for PFOA and PFOS;
methods for detecting PFAS in wastewater; collection of information on discharges of PFAS from
nine industrial point source categories to determine if revisions to one or more ELGs is warranted;
incorporating PFAS monitoring requirements in NPDES permits and fish tissue monitoring. In FY
2023, EPA will build on the Agency's PFAS Action Plan with the four-year PFAS Strategic
Roadmap and comprehensive set of actions that the EPA Council on PFAS is collaboratively
developing to guide the Agency's efforts on PFAS.
Water Reuse. To assure that communities have safe, reliable sources of water that are resilient to
drought, flooding, and population growth, EPA is working to advance the consideration of water
reuse nationwide. This work is being done in collaboration with a broad group of stakeholders
including non-governmental organizations, states, tribes, and local governments. In FY 2023, EPA
will continue to support the National Water Reuse Action Plan and develop and pursue actions
that prioritize advancing technical and scientific knowledge on water reuse to ensure its safety
across a range of uses and applications. EPA also will pursue actions in the Plan that provide
financial tools to stakeholders to ensure the accessibility of water reuse.342
Water Sense. The WaterSense Program is a key component of the Agency's efforts to ensure long-
term sustainable water infrastructure, reduce GHG emissions, and help communities adapt to
drought and climate change. WaterSense provides consumers with a simple label to identify and
select water-efficient products to help them save water and money and provides resources and
tools to help water utilities carry out efforts to manage water demand and wastewater flows. As of
2022, the Agency has voluntary specifications for three water-efficient service categories and nine
product categories. The Program also has a specification to label water-efficient single and
multifamily homes that are designed to save water indoors as well as outdoors. Product
specifications include water efficiency as well as performance criteria to ensure that products not
only save water but also work as well as standard products in the marketplace. Products and homes
may only bear the WaterSense label after being independently certified to ensure that they meet
WaterSense specifications. As of March 2022, the Program has labeled more than 38,000 models
of plumbing and irrigation products and more than to 4,200 homes have earned the WaterSense
label.343 In FY 2023, the Program will work with its partners to carry out consumer campaigns that
encourage consumers to switch to WaterSense-labeled products and practice other water-efficient
behaviors in their homes, outdoors, and in the workplace. EPA also will continue support to
342 For more information, please see https://www.epa.gov/waterreuse.
343 WaterSense Accomplishment Reports (updated annually). For more information visit:
https://www.epa.gov/watersense/accomplishments-and-history.
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additional sectors by working with the ENERGY STAR Program to achieve multiple benefits of
water and energy savings.
Urban Waters Federal Partnership Program. The Urban Waters Federal Partnership Program
(UWFP) reconnects urban communities with their waterways, particularly communities that are
overburdened or economically distressed. The Program supports urban champions, UWFP
Ambassadors who work with diverse local stakeholder groups to collaborate on community-led
revitalization efforts to improve our Nation's water systems and promote their economic,
environmental, and social well-being. At the national level, EPA leads a coalition of 20 federal
agencies that support 20 UWFP partnership locations in cities in all ten regions. In FY 2022, all
UWFP partners recommitted their support for the Program and endorsed bold new goals for
program operations, growth, and actions to address Administration priorities, particularly
environmental justice, which is a core goal of the Program. Through this partnership, EPA will
continue to revitalize urban waters and the communities that surround them by leading the UWFP
Steering Committee, managing national program operations, funding Ambassadors, funding
priority improvement projects defined by communities, and maintaining the Urban Waters
Learning Network, which provides resources and assistance to hundreds of community leaders
nationwide. Starting in FY 2022, the UWFP is expanding its environmental justice role, addressing
water equity issues in the context of utility services, disproportionate flood impacts, equitable
access to clean water, and youth job creation.
One Water/One Community. EPA will coordinate CWA and Safe Drinking Water Act investments
toward historically underserved and overburdened communities that are facing greater climate and
water equity challenges to achieve greater resilience, access to clean and safe water, and an
improved quality of life. This program will provide holistic support to communities as they
respond to the climate crisis by increasing funding for planning and implementation actions across
the country. Additionally, EPA will work with tribes to meet the unique needs of their
communities.
Infrastructure
EPA will continue its support of the Nation's infrastructure, focusing on efforts to leverage and
encourage public and private collaborative efforts and investments in improving the Nation's water
infrastructure. This program supports the policy and fiduciary oversight of the CWSRF Program,
which provides low-interest loans and additional subsidization to help finance wastewater
treatment facilities and other water quality projects.344 The Program supports policies and outreach
that help ensure the good financial condition of the State Revolving Funds. Federal capitalization
to the SRFs is significantly leveraged; since 1988, the CWSRF Program has made 42,842
assistance agreements, funding over $145 billion in wastewater infrastructure and other water
quality projects.
The FY 2023 request:
Supports funding for the Environmental Finance Centers Program which will help
communities across the country improve their wastewater and stormwater systems,
particularly through innovative financing.
344 For more information, please see fattps://www, epa. gov/cwsrf".
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Drives progress on water infrastructure by increasing non-federal dollars leveraged by EPA
water infrastructure finance programs (CWSRF, DWSRF and WIFIA). Between FY 2020
and FY 2021, EPA has leveraged over $22.3 billion in non-federal dollars.
Supports decentralized (septic or onsite) systems that provide communities and
homeowners with a safe, affordable wastewater treatment option by implementing the 2020
Decentralized Wastewater Management MOU. Decentralized wastewater systems are used
throughout the country for both existing and new homes as well as commercial or large
residential settings; they are in small, suburban, and rural areas where connecting to
centralized treatment is often too expensive or may not be available.
Supports the Wastewater Technology Center that provides accurate and obj ective resources
on innovative and alternative wastewater technologies with a focus on small, mid-sized,
and underserved communities. The Center serves to support effective investments in 21st
century utilities and will support utilities holistically as they embark on adopting
technologies; serve as a forum between the sector and government to identify synergies;
share information and springboard new initiatives; support the adoption of innovative and
alternative technologies; and increase and facilitate our understanding of the opportunities
and impacts of emerging technologies to the National Water Program.
Supports the Wastewater Technology Clearinghouse, a searchable database that will
provide reliable, objective information on proven innovative and alternative technologies
for decentralized and centralized alternative wastewater treatment, such as water reuse,
small system technologies used by lagoons, resource recovery, and nutrients.
Supports the Sustainable Utility Management programs, implemented in partnership with
industry associations and designed to protect and improve infrastructure investments
through the Effective Utility Management Program, the Water Workforce Initiative, and
tools such as augmented alternatives analysis that help communities leverage investments
to achieve water protection goals and other community economic and societal goals.
Supports the Water Infrastructure and Resiliency Finance Center in assisting local leaders
in identifying financial approaches for their drinking water, wastewater, and stormwater
infrastructure needs.
Supports the Agency' s efforts in implementing the Infrastructure Investment and Jobs Act
of 2021 (IIJA). EPA will focus on helping disadvantaged communities, ensuring they are
able to access the funding provided by IIJA.
Works on the Clean Water Needs Survey (CWNS).
Program Oversight/Accountability
The Assessment TMDL Tracking Implementation System (ATTAINS). ATTAINS is an online
system for accessing information about the conditions in the Nation's surface waters. It provides
key information to the Agency, as well as states and tribes, who play a critical role in implementing
the CWA. For programs where states and tribes have primacy, the Agency will focus on providing
oversight and assistance. The Agency will continue to support tribes and states in electronically
reporting CWA Section 303(d) and Section 305(b) assessment conclusions through ATTAINS to
track improvements in impaired waters. This tool reduces burden on states to track and report
progress in meeting water quality standards in waters targeted for local action and greatly improves
evidence-based tracking of local actions to improve water quality.
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EPA will continue to track state progress in completing TMDLs, alternative restoration
approaches, or protection plans with the goal of 84 percent of plans in place at state identified
priority waters by the end of FY 2022. As of January 2022, over 75 percent of state priority waters
were addressed by a TMDL, alternative restoration plan, or protection approach. Following the
conclusion of this CWA Section 303(d) Vision metric in FY 2022, states will set a new 2-year
priority universe and EPA will continue to track new state progress in completing TMDLs,
alternative restoration approaches, or protection plans with the goal of 35 percent of plans in place
for state identified priority waters by the end of FY 2023. This 2-year "bridge metric" will serve
as a transition period before states set priorities under EPA's new CWA section 303(d) Vision 2.0,
which is still in development and expected to be released by September 2022.
EPA continues to support streamlining efforts to allow states to reduce the time they spend on
administrative reporting. We will work on improved reporting of the Agency's metric to reduce
the number of square miles of watershed with surface water not meeting standards. Between
August 2019 and January 2022, over 55,200 square miles of watershed that contained impaired
waters in FY 2019 attained compliance with water quality standards.
NPDES Oversight. The Program continues to work with states to provide oversight and technical
assistance to the permit program, support program implementation and pursue comprehensive
protection of water quality on a watershed basis. This review also evaluates pretreatment programs
across the country. The pretreatment program is a cooperative effort of federal, state, and local
governments that perform permitting and enforcement tasks for discharges to publicly owned
treatment works.
EPA continues to collaborate with the permitting authorities (states) to identify opportunities to
enhance the integrity and timely issuance of NPDES permits. EPA is making efforts to modernize
permitting and oversight practices by eliminating its permitting backlog and implementing
programmatic measures. Factors that contribute to delays in the permit issuance process include
increased complexity of permitting emerging contaminants and permit litigation. After program
improvements, between March 2018 and September 2021, the backlog of EPA-issued new and
existing NPDES permits decreased from 106 to 22 and 284 to 322, respectively. In FY 2023, EPA
will continue to host NPDES-related workshops and provide technical assistance to build permit
writer capacity on a range of topics including permit writing, pretreatment, whole effluent toxicity,
stormwater, nutrients, and issue general permits where appropriate to address permit integrity and
timeliness to continue to reduce the backlog of permits.
In FY 2023, EPA will continue to work with the federal permitting authorities to address PFAS in
NPDES permitting. The recently released Interim Strategy for PFAS in Federally Issued NPDES
Permits, recommends that permit writers include permit requirements for phased-in monitoring
and best management practices, as well as a continuing education on permitting practices. In FY
2023, EPA will continue to build upon this strategy by conducting training, collaborating with
state permitting authorities, and sharing the latest research and state practices, to prevent this
contaminant from reaching surface waters.
EPA will work on addressing court decisions related to Maui, Hawaii in the permitting program.
In County of Maui v. Hawaii Wildlife Fund, the Supreme Court held that discharges from point
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sources through groundwater that eventually reach a water of the United States require an NPDES
permit if they are the "functional equivalent" of a direct discharge to a water of the United States.
In FY 2023, EPA will continue to provide technical assistance to permit writers to implement this
decision effectively in permits.
Integrated Planning. Clean water infrastructure investment needs are documented to be several
hundred billion dollars, with wet weather improvements (CSOs, SSOs, bypasses, and stormwater
discharges) comprising a significant portion of this total. Investment needs of this magnitude affect
utility rates, and disproportionately impact underserved communities. Integrated planning,
utilizing green infrastructure, and other tools allow communities to synchronize infrastructure
investments with broader community development goals. An integrated approach creates
opportunities for affordable, multi-benefit investments that protect public health and enhance
resiliency. As an effort to promote the adoption of green or nature-based infrastructure as effective
solutions to advance climate resilience or support the resilience of traditional hard infrastructure,
EPA has reinvigorated the Green Infrastructure Federal Collaborative.,45 This cooperative effort
fosters engagement and cooperation between agencies that actively work to promote the
implementation of green infrastructure. In FY 2023, EPA will continue to implement integrated
planning and green infrastructure practices to address wet weather challenges and increase
infrastructure resiliency.
Building Coalitions to Advance the Permitting Program. EPA continues to work with our
stakeholders and industry to identify challenges in implementation and best management practices.
In FY 2023, EPA will continue to lead the Animal Agriculture Discussion Group (AADG), which
consists of animal agriculture representatives from U.S. Department of Agriculture, the animal
feeding industry, and the states. AADG provides a forum for industry to engage with permitting
authorities, resulting in a shared understanding of how to enhance agricultural practices that lead
to greater water quality protection.
Improving NARS Data. Another process improvement effort is focused on streamlining the flow
of NARS data from EPA labs to state partners and data analysts. The Agency will continue to
implement these process improvements and monitor impact of data delivery on timeliness of
analysis and reporting.
Improving timeliness of water quality standards actions. EPA is investing in reducing the backlog
of water quality standards (WQS) actions. The Agency will continue to work to decrease the
number of state and tribal WQS revision actions that have been submitted to EPA that EPA neither
approved nor disapproved within the first 60 days after submittal, and that have yet to be acted
upon. The CWA requires EPA to review state and tribal WQS revisions and either approve within
60 days or disapprove within 90 days.
401(a)(2) Notifications. In FY 2022, EPA will develop a system to track 401(a)(2) notifications.
EPA will track whether a "may effect" determination has been made and to who (state or tribe)
and then note the follow-up coordination, including potential public hearings, EPA
recommendations, and whether the EPA recommendation led to improvements in the federal
345 For more information please visit: https://www.epa.gov/green-infrastructure/green-infrastructure-federal-collaborative.
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permit or license. The notifications will mostly come from the Army Corps of Engineers but can
come from any federal permitting or licensing agency.
Performance Measure Targets:
(PM SWP-01) Annual increase in square miles of watersheds with surface
water meeting standards that previously did not meet standards.
FY 2022
Target
FY 2023
Target
8,000
5,000
(PM SWP-02) Annual increase in square miles of watersheds with
previously impaired surface waters due to nutrients that now meet
standards for nutrients.
FY 2022
Target
FY 2023
Target
2,100
1,400
(PM TMDL-02) Percentage of priority TMDLs, alternative restoration
plans, and protection approaches in place.
FY 2022
Target
FY 2023
Target
100
35
(PM NPDES-03) Number of existing EPA-issued NPDES individual
permits in backlog.
FY 2022
Target
FY 2023
Target
250
210
(PM INFRA-06) Number of tribal, small, rural, or underserved
communities provided with technical, managerial, or financial assistance to
improve system operations.
FY 2022
Target
FY 2023
Target
339
448
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(+$7,417.0) 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.
(+$9,761.0 / +45.8 FTE) This program change is an increase in resources and FTE to
support the advancement of clean water infrastructure programs, with an emphasis on
building climate change resilience, conducting Clean Water Act regulatory reviews, and
advancing environmental justice. This investment also includes $8,102 million in payroll.
(+$7,219.0 / +17.8 FTE) This program change is an increase in resources and FTE to
support coordinated community assistance work in support of the One Water/One
Community initiative and the Environmental Finance Centers. This investment also
includes $3,149 million in payroll.
(+$6,092.0 / +9.0 FTE) This program change is an increase in resources and FTE to support
the implementation of the Agency's PFAS Action Plan including development of national
recommended ambient water quality criteria for PFOA and PFOS; biosolids risk
assessments for PFOA and PFOS; methods for detecting PFAS in wastewater; and
collection of information on discharges of PFAS from nine industrial point source
categories. This investment also includes $1,592 million in payroll.
539
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(+$2,317.0 / +4.0 FTE) This program change is an increase in resources and FTE to expand
the Program's existing water workforce initiative to develop a coordinated federal response
and action plan to support the water workforce. This will enable EPA to collaborate with
our partners to identify the top workforce priorities and implement actions to address those
priorities. This investment also includes $708.0 thousand in payroll.
Statutory Authority:
CWA; Marine Protection, Research, and Sanctuaries Act; Marine Debris Research, Prevention and
Reduction Act of 2006; Marine Plastic Pollution Research and Control Act of 1987.
540
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Congressional Priorities
541
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Water Quality Research and Support Grants
Program Area: Clean and Safe Water Technical Assistance Grants
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Ensure Safe Drinking Water and Reliable Water Infrastructure
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SO
S 21. '00
SO
- S 21. '00
Science & Technology
$0
$7,500
$0
-$7,500
Total Budget Authority
$0
$29,200
$0
-$29,200
Project Description:
The purpose of the Water Quality Research and Support Grants Program is to provide training and
technical assistance for small public water systems, to help such systems achieve and maintain
compliance with the Safe Drinking Water Act (SDWA), and to provide training and technical
assistance for small publicly-owned wastewater systems, communities served by
onsite/decentralized wastewater systems, and private well owners improving water quality under
the Clean Water Act (CWA).
FY 2023 Activities and Performance Plan:
Resources are proposed for elimination for this program in FY 2023. States have the ability to
develop technical assistance plans for their water systems using Public Water System Supervision
Program grant funds and set-asides from the Drinking Water State Revolving Fund.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
(-$21,700.0) This program change proposes to eliminate the Water Quality Competitive
Grant Program. Resources are available through other existing programs and states are best
positioned to develop technical assistance plans for their water systems.
Statutory Authority:
SDWA § 1442(e); Federal Food, Drug and Cosmetic Act; Food Quality Protection Act;
Endangered Species Act; CWA § 104(b)(3).
542
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