United States
Environmental Protection Agency
FISCAL YEAR 2023
Justification of Appropriation
Estimates for the Committee
on Appropriations
Tab 09: Leaking Underground Storage Tanks
April 2022
EPA-190-R-22-001	www.epa.gov/cj

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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Leaking Underground Storage Tanks	
Program Projects in LUST	683
Enforcement	685
Civil Enforcement	686
Operations and Administration	688
Acquisition Management	689
Central Planning, Budgeting, and Finance	691
Facilities Infrastructure and Operations	693
Research: Sustainable Communities	695
Research: Sustainable and Healthy Communities	696
Underground Storage Tanks (LUST/UST)	699
LUST/UST	700
LUST Prevention	703
LUST Cooperative Agreements	706
681

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682

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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: Leaking Underground Storage Tanks
Resource Summary Table

(Dollars in Thousands)




FY 2023

FY 2021
FY 2022
FY 2023
President's Budget
v.

Final
Annualized
President's
FY 2022

Actuals
CR
Budget
Annualized CR
Leaking Underground Storage Tanks




Budget Authority
$92,830
$92,203
$93,814
$1,611
Total Workyears
43.6
46.6
46.6
0.0
Bill Language: Leaking Underground Storage Tanks
For necessary expenses to carry out leaking underground storage tank cleanup activities
authorized by subtitle I of the Solid Waste Disposal Act, $93,814,000, to remain available until
expended, of which $67,145,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; $26,669,000
shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to implement section 9013 of the Solid
Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground storage tanks.
Note —A full-year 2022 appropriation for this account was not enacted at the time the Budget was prepared;
therefore, the Budget assumes this account is operating under the Continuing Appropriations Act, 2022 (Division
A of Public Law 117-43, as amended). The amounts included for 2022 reflect the annualized level provided by the
continuing resolution.
Program Projects in LUST

(Dollars in Thousands)
Program Project
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Enforcement




Civil Enforcement
$625
$620
$653
$33
Operations and Administration




Central Planning, Budgeting, and
Finance
$343
$416
$448
$32
683

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Program Pro ject
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Facilities Infrastructure and Operations
$932
$836
$724
-$112
Acquisition Management
$245
$132
$132
$0
Subtotal, Operations and Administration
$1,520
$1,384
$1,304
-$80
Underground Storage Tanks (LUST / UST)




LUST/UST
$9,561
$9,470
$9,811
$341
LUST Cooperative Agreements
$55,438
$55,040
$55,040
$0
LUST Prevention
$25,383
$25,369
$26,669
$1,300
Subtotal, Underground Storage Tanks
(LUST/UST)
$90,382
$89,879
$91,520
$1,641
Research: Sustainable Communities




Research: Sustainable and Healthy
Communities
$303
$320
$337
$17
TOTAL LUST
$92,830
$92,203
$93,814
$1,611
684

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Enforcement
685

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Civil Enforcement
Program Area: Enforcement
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Hold Environmental Violators and Responsible Parties Accountable

(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
Environmental Programs & Management
SI 64.888
SI 68.341
S210.011
S41.670
1.caking I ntlcrgrnuiul Storage Tanks
S(,25
Sf>20
V).\*
111
.Vo
Inland Oil Spill Programs
$2,532
$2,413
$2,538
$125
Total Budget Authority
$168,045
$171,374
$213,202
$41,828
Total Workyears
908.0
916.2
1,004.2
88.0
Program Project Description:
The Civil Enforcement Program's goal is to ensure compliance with the Nation's environmental
laws to protect human health and the environment. The Program collaborates with the United
States Department of Justice, and state, local, and tribal governments to ensure consistent and fair
enforcement of environmental laws and regulations. The Civil Enforcement Program develops,
litigates, and settles administrative and civil judicial cases against violators of environmental laws.
To protect the Nation's groundwater and drinking water from petroleum and hazardous substance
releases from Underground Storage Tanks (UST), the Civil Enforcement Program provides
guidance, technical assistance, and training to promote and enforce cleanups at sites with UST
systems.1 The Enforcement and Compliance Assurance Program uses its Leaking Underground
Storage Tanks (LUST) resources to oversee cleanups by responsible parties.
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 work with states and tribes on a case-by-case basis to prioritize LUST
enforcement goals for cleanup. The Agency also will continue to provide guidance, technical
assistance, oversight, and training to enforce cleanups at LUST sites by responsible parties.
Performance Measure Targets:
Work under this program supports performance results in the Civil Enforcement Program under
the EPM appropriation.
1 For more information, please refer to: https://www.epa.gov/ast.
686

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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$33.0) 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:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic authority); Subtitle I of the Solid Waste Disposal Act.
687

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Operations and Administration
688

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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
Environmental Programs & Management
$30,623
$32,247
$40,017
$7,770
1.caking I ntlcrgrnuiul Storage Tanks
S 2-15
SI.12
S1J2
SO
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:
Leaking Underground Storage Tank (LUST) resources in the Acquisition Management Program
support the Agency's contract 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.
In FY 2023, EPA will continue to process contract actions in accordance with Federal Acquisition
Regulation and guidance from the Office of Management and Budget Office of Federal
Procurement Policy. Acquisition Management resources in LUST support information technology
needs and the training and development of EPA's acquisition workforce.
EPA must scale up its federal grants and contractor workforce to support underserved
communities, ensure the future is Made in All of America, and manage global supply chains. This
investment will enable national programs to target their critical resources on environmental and
programmatic priorities in partnership with the states, tribes and local governments. The Agency
will work with Agency partners and stakeholders to include environmental justice considerations
into grants policies and requirements and provide underserved communities better awareness and
access to the Agency's financial assistance opportunities.
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):
• There is no change in program funding.
689

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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); Subtitle I of the Solid Waste Disposal Act.
690

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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
Environmental Programs & Management
$71,528
$76,718
$89,154
$12,436
Leaking I ntlcrgrnuiul Storage Tanks
S.U3
.S -II ft
S-l-lfi

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:
EPA's financial management community maintains a strong partnership with the Leaking
Underground Storage Tanks (LUST) Program. Activities under the Central Planning, Budgeting,
and Finance Program support the management of integrated planning, budgeting, financial
management, performance and accountability processes, and systems to ensure effective
stewardship of LUST resources. This includes providing financial payment and support services
for specialized fiscal and accounting services for the LUST programs.
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 ensure secure, efficient, and sound financial and budgetary management of
the LUST Program through the use of routine and ad hoc analysis, statistical sampling, and other
evidence-based decision-making tools. Building on the work begun in previous years, EPA will
continue to monitor and strengthen internal controls with a focus on sensitive payments and
property. In addition, the Agency is reviewing its financial systems for efficiencies and
effectiveness, identifying gaps, and targeting legacy systems for replacement.
Performance Measure Targets:
Work under this program supports performance results in the Central Planning, Budgeting, and
Finance Program under the EPM appropriation.
691

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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$32.0) 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:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified as Title 5, App.) (EPA's organic statute); Subtitle I of the Solid Waste Disposal Act.
692

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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.
FY 2022 Annualized
CR
Environmental Programs & Management
$257,524
$285,441
$288,293
$2,852
Science & Technology
$65,093
$67,500
$68,912
$1,412
Building and Facilities
$36,071
$27,076
$73,894
$46,818
/.caking I 'ntlcr^rnuiul Sfoniffc 1'anks
SVJ2
SHM>
.S '24
-SI 12
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:
Leaking Underground Storage Tank (LUST) resources in the Facilities Infrastructure and
Operations Program fund the Agency's rent, utilities, and security. The Program also supports
centralized administrative activities and support services, including health and safety,
environmental compliance and management, facilities maintenance and operations, space
planning, sustainable facilities and energy conservation planning and support, property
management, mail, and transportation services. Funding for such services is allocated among the
major appropriations for the Agency.
FY 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 take aggressive action to reconfigure EPA's workplaces with
the goal of reducing long-term rent costs while increasing EPA facility resiliency and sustainability
to combat the effects of climate change and ensure a space footprint that accommodates a growing
workforce. For FY 2023, EPA is requesting $509 thousand for rent in the LUST appropriation.
EPA uses a standard methodology to ensure that rent charging appropriately reflects planned and
enacted resources at the appropriation level. EPA also will continue working to increase
sustainability and reduce carbon emissions through cost-effective solutions.
693

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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):
• (-$112.0) This change to fixed and other costs is a decrease due to the recalculation of rent
and transit subsidy needs.
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).
694

-------
Research: Sustainable Communities
695

-------
Research: Sustainable and Healthy Communities
Program Area: Research: Sustainable Communities
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
Science & Technology
$112,717
$133,000
$141,477
$8,477
1.caking I ntlcrgrnuiul Storage Tanks
S303
S3 20
.V>.>
.S /"
Inland Oil Spill Programs
$1,149
$664
$674
$10
Hazardous Substance Superfund
$13,458
$16,463
$16,927
$464
Total Budget Authority
$127,626
$150,447
$159,415
$8,968
Total Workyears
442.3
421.8
441.8
20.0
Program Project Description:
EPA's Sustainable and Healthy Communities (SHC) Research Program under the Leaking
Underground Storage Tanks (LUST) appropriation assists EPA's Office of Underground Storage
Tanks, Regions, tribes, and states assess the degradation of Underground Storage Tanks (USTs).
This assessment identifies vulnerable tanks before leaks occur and helps develop the tools to
track and monitor the status of existing and abandoned USTs and their impact on the community
in a changing climate. Specifically, this research provides information and tools designed to
enable decision-makers to protect America's land, groundwater resources, and drinking water
supplies that could be impacted by the Nation's more than 550,000 underground fuel storage
tanks.2
SHC will assess the impacts of climate change on USTs and understand the impacts on
communities, including disadvantaged populations and those most vulnerable (e.g., tribes). SHC
will develop tools and data to address issues related to USTs to protect public health and the
environment based on the best available science.
Recent Accomplishments of the SHC Research Program include:
National Database on Underground Storage Tank Infrastructure3: In FY 2020, the first national
database on underground storage tanks in the US was released by the Office of Research and
Development (ORD). It provides geospatial data on facilities and tanks in association with
drinking water sources, critical data on the aging infrastructure, and facilities that may be impacted
by flooding. Researchers compiled and curated publicly available information regarding the
attributes and locations of active and closed USTs, UST facilities, and LUST sites. In FY 2021,
ORD instituted a training program to describe the capabilities and functions of the model to our
2	For more information, please see: https://www.epa.gov/ust.
3	For more information, please see: https://intranet.ord.epa.gov/sites/default/files/2020-
12/UST%20Finder%20User%20Guide O.pdfand
https://epa.maps.arcgis.com/apps/webapp Viewer/iiidex.html?id=c220c67462el4763a8e0c4df75550278.
696

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federal and state partners and their identified communities. The training will help our partners
assess facility risk and triage sites for cleanup and protection of drinking water sources. A public
website is available and being updated to meet additional partner needs with version 2.0 planned
by the end of FY 2023.
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.
Work in this Program will aim to characterize sites and contaminants released from LUSTs
identified under the LUST Trust Fund with an emphasis on assisting the Agency, tribes, and states
to address the backlog of sites for remediation. SHC research will help communities remediate
contaminated sites at an accelerated pace and lower costs, while reducing human health and
ecological impacts. Resulting methodologies and tools will help localities, tribes, and states return
properties to productive use, supporting the Agency's mission of protecting human health and the
environment in communities. Such work is integral to achieving EPA's priority of safeguarding
and revitalizing communities.
In FY 2023, EPA research will continue to develop models, metrics, and spatial tools for EPA
regions, tribes, and states to evaluate the vulnerability of groundwater to LUSTs, the impacts of
climate change, and the subsequent human health risks that follow contamination, considering
environmental justice concerns. SHC will continue to focus on corrosion control methods to
improve the lifespan of tanks and reduce the likelihood of leaking. SHC will assist EPA's
Underground Storage Tanks Program, tribes, and states by updating technical guidance manuals
and evaluations of risk to underground storage tank system components from new fuel
formulations.
Research Planning:
EPA research is built around six integrated and transdisciplinary research programs. Each of the
six programs is guided by a Strategic Research Action Plan (StRAP) that reflects the research
needs of Agency program and regional offices, states, and tribes, and is planned with their active
involvement. Each research program is in the process of developing the fourth generation of the
StRAPs, which will continue the practice of conducting innovative scientific research aimed at
solving the problems encountered by the Agency and its partners.
ORD works with various groups, including communities, to ensure the integrity and value of its
research through a variety of mechanisms that include:
• EPA's Board of Scientific Counselors (BOSC)
o ORD meets regularly with this committee, which provides advice and
recommendations to ORD on technical and management issues of its research
programs.
697

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•	State Engagement
o EPA's state engagement4 is designed to inform states about their role within EPA
and EPA's research programs, and to better understand the science needs of state
environmental and health agencies.
Partnerships
Key tribal partnerships are established through the Tribal Science Program which
provides a forum for the interaction between tribal and Agency representatives.
These interactions identify research of mutual benefit and lead to collaborations on
important tribal environmental science issues.
Performance Measure Targets:
Work under this program supports performance results in the Research: Sustainable and Healthy
Communities Program under the S&T appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
•	(+$14.0) 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.
•	(+$3.0) This program change is an increase to the Sustainable and Healthy Communities
LUST research program to help build capacity to address contaminants of emerging
concern.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified as Title 5 App.) (EPA's organic statute); Subtitle I of the Solid Waste Disposal Act.
• Tribal
o
4 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
698

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Underground Storage Tanks (LUST/UST)
699

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LUST / UST
Program Area: Underground Storage Tanks (LUST / UST)
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
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Environmental Programs & Management
SI 0.373
SI 1.250
SI 2.564
S1.314
1.caking I ntlcrgrnuiul Storage Tanks
S9.50I
SV.-I'I)
SV.XII
S341
Total Budget Authority
$19,931
$20,720
$22,375
$1,655
Total Workyears
88.1
91.6
95.6
4.0
Program Project Description:
The Leaking Underground Storage Tank (LUST) resources in the LUST/Underground Storage
Tank (UST) Program ensure that petroleum contamination is properly assessed and cleaned up.
Potential adverse effects from chemicals such as benzene, methyl-tertiary- butyl-ether, alcohols,
or lead scavengers in gasoline and the cost to clean up these contaminants underscore the
importance of preventing UST releases and complying with UST requirements. Even a small
amount of petroleum released from an UST can contaminate groundwater, the drinking water
source for many Americans.
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 Government5 As of July
2021, there were approximately 53 million people living 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.6
Under this program, EPA supports the oversight and implementation of LUST cleanup programs
in the states,7 and directly implements assessments and cleanups of petroleum contamination from
USTs in Indian Country. EPA also provides technical assistance and training to states and tribes
on how to conduct cleanups and improve the efficiency of state programs. As of September 2021,
61,981 LUST sites had not achieved cleanup completion.8 In FY 2021, 7,271 LUST cleanups were
5	For more information, please refer to: https://www.whitehouse.gov/briefiiig-room/presidential-actioiis/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
6	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.htmr?id=b03763d3f2754461adfB6fl21345d7bci and (2) population data
from the 2015-2019 American Community Survey.
7	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.
8	For more information, please refer to: https://www.epa.gov/systeiii/files/documents/2021-ll/ca-21-34.pdf.
700

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completed nationally, including 9 in Indian Country. EPA will continue to collect and analyze
information about the initiation and cleanup of UST releases.
As the direct implementer of the Program in Indian Country, EPA oversees cleanups by
responsible parties, conducts site assessments, remediates contaminated water and soil, and
provides alternative sources of drinking water when needed. EPA's funding for Indian Country is
the primary source of money for these activities. With few exceptions, tribes do not have
independent program resources to pay for assessing and cleaning up UST releases, and in many
cases, there are no responsible parties available to pay for the cleanups at sites in Indian Country.
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.
In FY 2023, EPA will engage in the following activities:
•	Work with states and tribes to implement strategies to reduce the number of sites that have
not reached cleanup completion and to address new releases as they continue to be
confirmed.
•	Provide targeted training to states and tribes, such as remediation process optimization and
rapid site assessment techniques.
•	Continue developmental updates to the Tribal Underground Storage Tank Database
(TrUSTD), which was launched in FY 2021. This database provides a central repository
for Tribal UST/LUST data that will both improve data analysis on the tribal UST/LUST
universe, as well as create a platform that will make it easier for EPA to obtain and share
tribal UST/LUST data with the public.
•	Monitor the soundness of financial mechanisms, in particular, insurance and state cleanup
funds that serve as financial assurance for LUST releases and ensure that money is
available to pay for cleanups. In addition, EPA will continue to provide analysis and
technical assistance to states to help them improve the environmental and financial
performance of their cleanup funds.
•	Provide support in Indian Country for site assessments, investigations, and remediation of
high priority sites; enforcement against responsible parties; cleanup of soil and
groundwater; alternate water supplies; cost recovery against UST owners and operators;
oversight of responsible party lead cleanups; and technical expertise and assistance to tribal
governments.
•	Provide resources and support to states and tribes to quickly address emergency responses
from releases to the environment. Releases from USTs can result in imminent threats to
public safety when petroleum or petroleum vapors reach explosive levels in sewers, utility
corridors, underground parking structures, and basements near a LUST site. Emergency
701

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response incidents across the country show that reporting, initial abatement measures, and
free product removal activities may need to be implemented immediately upon discovery
of a release to protect human health and the environment.9
Performance Measure Targets:
Work under this program supports performance results in the LUST Cooperative Agreements
Program under the LUST appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
•	(+$278.0) 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.
•	(+$63.0) This program change increases support to underground storage tank cleanup,
which invests in the health of municipalities and tribal communities.
Statutory Authority:
Resource Conservation and Recovery Act §§ 8001, 9001-9014.
9 For more information, please refer to: http://astswmo.org/compendium-of-emergency-response-actions-at-underground-storage-
tank-sites-version-2/.
702

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LUST Prevention
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
1.caking I ntlcrgrnuiul Storage Tanks
S25.3H3
S 2\3M
S
SI .300
Total Budget Authority
$25,383
$25,369
$26,669
$1,300
Program Project Description:
The goal of the Leaking Underground Storage Tank (LUST) Prevention Program is to ensure that
groundwater sources are protected from petroleum and associated chemicals leaking from
underground storage tanks (USTs). This work 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,10 As of July 2021, approximately 53 million people live 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.11
The LUST Prevention Program provides funding to states12 and tribes to prevent releases from the
539,610 active USTs by ensuring compliance with federal and state laws through inspections and
other activities.13 Preventing UST releases is more efficient and less costly than cleaning up
releases after they occur. The Energy Policy Act (EPAct) of2005 requires EPA or states to conduct
inspections at each regulated UST once every three years.
Funding for LUST Prevention grants is subject to an annual, formula-based allocation process.
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.
10	For additional 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-
government/.
11	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.
12	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.
13	For more information, please refer to: https://www.epa.gov/system/files/documents/2021-l l/ca-21-34.pdf.
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Due to the increased emphasis on inspections and release prevention requirements, the number of
confirmed releases has decreased from 6,847 in FY 2014 to 4,991 reported releases in FY 2021.
EPA estimates that only two 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 oil 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 El 5 in fenceline communities where El 5 is more prevalently
used.
Requested resources will be used to support additional state grant funding to support
approximately 400 additional state inspections. These inspections will help ensure UST systems
are compatible with El 5 storage requirements and to triage sites that need more attention. This
investment is one part of a collective plan to support the use of El 5, while protecting the
surrounding communities and compliments investments being proposed in LUST Prevention and
Research: Sustainable and Healthy Communities.
As of FY 2021, 31 states and territories have reported compliance with the UST Technical
Compliance Rate (TCR) measure, which came about after the UST rule was revised in 2015. The
TCR includes new compliance measures for spill prevention and overfill requirements as well as
additional leak detection requirements. More states will report on TCR as they reach their
respective UST state regulation effective dates. Of the states that report TCR, they produce a TCR
rate of 58 percent in FY 2021, which is consistent with the 58 percent rate from FY 2020.
The remaining 22 states and territories will continue to report the Significant Operational
Compliance (SOC) rate until they reach their respective UST state regulation effective dates and
move to the TCR. In FY 2021, EPA reported a SOC rate of 68 percent, which mirrors the results
from FY 2019 and 2020.14
Major FY 2023 activities include core program priorities, such as inspecting UST facilities to meet
the three-year inspection requirement and assisting states in adopting prevention measures (for
example, delivery prohibition, secondary containment, and operator training). These activities
emphasize bringing UST systems into compliance with release detection and release prevention
requirements and minimizing future releases. Due to the Covid-19 pandemic, many states fell
behind in their 3-year EPAct inspection frequency requirement. EPA will work with states to
ensure they come back into compliance and return to their regular inspection cycles.
A lack of proper operation and maintenance for UST systems is one of the main causes of
petroleum releases and was the main impetus for EPA to propose changes to the federal UST rule
that was finalized in October 2015. In FY 2023, EPA anticipates all states to fully implement the
new requirements associated with the federal rule.
EPA is responsible for implementing the UST regulations in Indian Country, in partnership with
the tribes. Resources will be used to provide support with all aspects of the tribal prevention
14 For more information, please refer to: https://www.epa.gov/ust/ust-performance-measures.
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programs, including the development of inspection capacity. This includes providing money to
support training for tribal staff and educating owners and operators in Indian Country about UST
compliance requirements and, in some cases, assisting tribal staff to receive federal inspector
credentials to perform inspections on behalf of EPA.
Performance Measure Targets:
(PM UST01) Number of confirmed releases at UST facilities.
FY 2022
FY 2023

Target
Target

5,150
5,075
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,300.0) This program change requests grant funding to support the new fenceline
communities program and approximately 400 additional state inspections that will focus
on ensuring UST systems are compatible with E15.
Statutory Authority:
Solid Waste Disposal Act of 1976, as amended by the Superfund Amendments and
Reauthorization Act of 1986, § 2007(f); Energy Policy Act, § 9011.
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LUST Cooperative Agreements
Program Area: Underground Storage Tanks (LUST / UST)
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
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
1.caking I ntlcrgrnuiul Storage Tanks
S55.438
S 55.040
S55.040
SO
Total Budget Authority
$55,438
$55,040
$55,040
$0
Program Project Description:
This funding is used to award cooperative agreements to states15 to implement the Leaking
Underground Storage Tank (LUST) Program. The LUST Program ensures that petroleum
contamination is properly assessed and cleaned up by providing states with funding to address
releases, including in groundwater.16
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 Government11 As of July 2021,
there were approximately 53 million people living 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.18
LUST funding supports states in managing, overseeing, and enforcing cleanups at LUST sites.
This is achieved by focusing on increasing the efficiency of LUST cleanups nationwide, leveraging
private and state resources, and enabling community redevelopment. Cleaning up LUST sites
protects people from exposure to contaminants and makes land available for reuse.
EPA's backlog study characterized the national inventory of sites that have not reached cleanup
completion. The study found that almost half of the releases were 15 years old or older, and that
groundwater was contaminated at 78 percent of these sites. Remediating groundwater
contamination is often more technically complex, takes longer, and is more expensive than
15	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.
16	Almost half of the Nation's overall population and 99 percent of the population in rural areas rely on groundwater for drinking
water. (See EPA 2000 Water Quality Inventory Report, https://arohive.eDa.gov/water/aichive/wefo/html/2000reDort indcx-htmlY
17	For more information, please refer to: https://www.whitehouse.gov/briefiiig-room/presidential-actions/2021/01/20/executive-
order-advancing-racial-equitv-and-support-for-underserved-communities-through-the-federal-govemment/.
18	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=b03763d3 £275446 Iadf86fl21345d7bc: and (2) population data
from the 2015-2019 American Community Survey.
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remediating soil contamination.19 Potential adverse health effects from chemicals in gasoline such
as benzene as well as methyl-tertiary-butyl-ether (MTBE), alcohols, or lead scavengers contribute
to the importance of cleaning up these contaminants and increase the cost of cleaning up these
sites.20
An EPA study published in 2018 determined impact of high-profile UST releases on housing
prices. The study found that high profile UST releases decrease nearby property values 2 to 6
percent. Once a cleanup is completed, nearby property values rebound by a similar margin.21
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.1, Clean Up and Restore Land for
Producti ve Uses and Healthy Communi ties in the FY 2022 - 2026 EPA Strategic Plan.
The table below shows the progress made on the UST national backlog. EPA will continue to
collect and analyze information about the initiation and cleanup of UST releases.
UST National Backlog:
FY 1989 Through End-of-Year FY 2021
1989 1990 19911992 1993 19941995 19961997 1998 1999200020012002 20032004 20052006 20072008 2009201020112012 2013 2014 2015201620172018 20192020 2021
Years
19	Please refer to The National LUST Cleanup Backlog: A Study Of Opportunities, September 2011,
http://www.epa.gov/ust/national-lust-cleaniip-backlog-studv-opportunities.
20	Please see Technologies for Treating MtBE and Other Fuel Oxygenates, May 2004, pages 2-6 and 2-7, littps://clu-
in.org/download/remed/542r04009/542r04009.pdr.
21	Guignet, D., Jenkins, R., Ranson, M., & Walsh, P. J. (2018). Contamination and incomplete information: Bounding implicit
prices using high-profile leaks. Journal of environmental economics and management, 88, 259-282.
https://doi.Org/10.1016/i.ieem.2017.12.003.
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In FY 2023, EPA will engage in the following activities:
•	Collaborate with states to develop and implement flexible, state-driven strategies to reduce
the number of remaining LUST sites that have not reached cleanup completion. Through
the cooperative efforts between EPA and states, the backlog was reduced by approximately
40 percent between the end of 2008 and the end of 2021 (from 102,798 to 61,981).22
•	Provide resources to states to perform core cleanup work. Some states also may be able to
pursue other means to maximize the effectiveness or efficiency in protectively completing
cleanups and reducing their backlogs.
•	Leverage funding by developing best practices and supporting management, guidance, and
enforcement activities through LUST Cleanup Cooperative Agreements. LUST Cleanup
Cooperative Agreements help achieve approximately 8,000 cleanups annually, whereas, if
EPA were to apply the funding directly, only about 366 cleanups would occur annually
(assuming an average cleanup cost of $150 thousand per site).23
•	Provide resources and support to states to quickly address emergency responses from
releases to the environment. Emergency response incidents across the country show that
reporting, initial abatement measures, and free product removal activities need to be
implemented immediately upon discovery of a release to protect human health and the
environment.24
The Energy Policy Act (EPAct) of 2005 requires that states receiving LUST Cooperative
Agreements funding meet certain release prevention requirements, such as inspecting every
facility at least once every three years. In FY 2023, EPA will continue to factor state compliance
with EPAct requirements into LUST Cleanup Cooperative Agreement decisions.
Performance Measure Targets:
(PM 112) Number of LUST cleanups completed that meet risk-based
FY 2022
FY 2023
standards for human exposure and groundwater migration.
Target
Target

7,439
7,125
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• There is no change in program funding.
Statutory Authority:
Resource Conservation and Recovery Act § 9003(h)(7).
22	For more information, please refer to: http://www.epa.gov/iLst/ust-performance-ineasiires.
23	Average cleanup cost per site based on ASTSWMO's 2019 Annual State Fund Survey Results at: http://astswmo.org/2019-
aimital- sta te~ fund- survey/.
24	For more information, please refer: http://astswmo.ore/compendium-of-emergency-response-actions-at-iindergroiind-storage-
tank-site»-veision-2/.
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