United States
Environmental Protection Agency
FISCAL YEAR 2023
Justification of Appropriation
Estimates for the Committee
on Appropriations
April 2022
EPA-190-R-22-001 www.epa.gov/cj
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United States Environmental Protection Agency
FY 2023 Budget Overview
The United States Environmental Protection Agency (EPA) is guided by a clear and vital mission:
to protect human health and the environment. While the Agency, along with Tribal, state, and local
partners, has made great progress in advancing this mission over the last 50 years, much work
remains to guarantee that all people living in the United States share in the benefits of clean air,
clean water, clean land, and chemical safety. The urgency of climate change raises the stakes of
the Agency's work to protect communities. The FY 2023 President's Budget confronts these
challenges and outlines how EPA will achieve this work across seven strategic goals and four
cross-agency strategies.
The FY 2023 President's Budget request for the EPA totals $11,881 billion with 16,204.1 FTEto
advance Agency efforts to protect the environment and human health. This budget request, a
$2,644 billion increase above the FY 2022 Annualized Continuing Resolution (ACR), will support
EPA efforts to tackle the climate crisis, advance environmental justice, clean up air, land, and
water pollution, fund scientific research, and position the Agency with the workforce and capacity
required to address emerging and ongoing challenges. Additionally, the Budget includes more than
$900 million in new resources to fully fund all of the water programs authorized in the Drinking
Water and Wastewater Infrastructure Act (DWWIA). The FY 2023 President's Budget
complements the resources provided in the recently enacted bipartisan Infrastructure Investment
and Jobs Act (IIJA) and expands the Agency's capacity to protect human health and the
environment across the Nation, as provided in the bedrock environmental laws.
EPA's FY 2023 Budget prioritizes tackling the climate crisis and advancing environmental justice
and builds on the commitments in the FY 2022 President's Budget. To achieve its mission, EPA
recognizes that effective environmental policy must clean up the legacy pollution that many
historically overburdened and underserved communities have lived with for far too long. To better
align with this vision, the FY 2023 Budget structure reflects the new Environmental Justice
National Program Manager to help administer this important work, with resources at headquarters
and in all 10 regional offices. The FY 2023 Budget commits to the fair treatment and meaningful
involvement of all people regardless of race, color, national origin, or income, with respect to the
development, implementation, and enforcement of environmental laws, regulations, and policies.
In addition to the FY 2023 President's Budget, EPA is publishing at the same time the FY2022 -
2026 EPA Strategic Plan, built on four foundational principles: to Follow the Science, Follow the
Law, Be Transparent, and Advance Justice and Equity. These principles form the basis of the
Agency's culture and will guide its operations and decision making now and into the future. The
Strategic Plan establishes the roadmap to achieve the Agency's and Administration's
environmental priorities over the next four years and instill scientific integrity in decision making,
tackle the climate crisis, and embed environmental justice across Agency programs. The Strategic
Plan provides a new framework of strategic goals, objectives, cross-agency strategies, long-term
performance goals, and Agency Priority Goals that tether resource investments and actions to the
outcomes that will better protect human health and the environment for all people living in the
United States.
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FY 2023 Funding Priorities
Tackle the Climate Crisis
The FY 2023 Budget prioritizes addressing climate change with the urgency the science demands.
EPA's Climate Change Indicators website presents compelling and clear evidence of changes to
our climate reflected in rising temperatures, ocean acidity, sea level rise, river flooding, droughts,
heat waves, and wildfires.1 Resources in the Budget support efforts to mitigate and adapt to the
impacts of the climate crisis while spurring economic progress and creating good-paying jobs.
Both climate mitigation and adaptation are essential components of the strategy to reduce the
threats and impacts of climate change. The FY 2023 Budget will enable EPA to work with our
partners to address the climate crisis by reducing greenhouse gas emissions; building resilience to
climate impacts; and engaging with the global community to respond to this shared challenge.
Through EPA's Climate Protection Program, the Agency is working to tackle the climate crisis at
home and abroad through an integrated approach of regulations, partnerships, and technical
assistance. EPA plays a lead role to implement a global phasedown of the production and
consumption of hydrofluorocarbons (HFCs). These potent greenhouse gases, which are common
in refrigerants and aerosols, have global warming potentials hundreds to thousands of times greater
than carbon dioxide. This phasedown approach led by EPA will decrease the production and
importation of HFCs in the United States by 85 percent over the next 15 years. As a result, it will
help promote American leadership in innovation and manufacturing of new climate-safe products
and create new jobs in this emerging sector. A global HFC phasedown is expected to avoid up to
0.5 degree Celsius of global warming by 2100. In FY 2023, the Agency invests an additional $100
million in grants to Tribes and states that will support on-the-ground efforts to reduce methane
emissions and increase resiliency in the Nation's infrastructure. The Budget also provides an
additional $35 million and 28 FTE for regulatory and collaborative enforcement and compliance
assurance efforts as required by the American Innovation and Manufacturing (AIM) Act of 2020
to facilitate the next phasedown stages for HFCs. The phasedown in the production and
consumption of HFCs is a FY 2022-2023 Agency Priority Goal.
In FY 2023, EPA is taking action to reduce dangerous air pollution and greenhouse gases and
through mobile source air pollution. For example, the FY 2023 Budget provides $150 million for
the Diesel Emissions Reduction Act (DERA) grant program to expand the availability of DERA
grants and rebates to reduce harmful diesel, with a focus on priority areas including school buses,
ports, and communities disproportionately affected with air quality problems.2 DERA grants
accelerate the pace at which dirty engines are retired or retrofitted and target resources in areas
with poor air quality, especially those with significant emissions from ports and goods movement.
These locations also are often where lower income communities and communities of color suffer
from higher levels of pollution. Work in this Program directly supports Executive Order 14008:
Tackling the Climate Crisis at Home and Abroad and its Justice40 Initiative to target 40 percent
of the benefits of climate and infrastructure investments to overburdened and underserved
communities.
1 For more information please visit: https://www.epa.gov/climate-indicators
2 DERA Fourth Report to Congress: https://www.epa.gov/sites/production/files/2019-07/documents/420rl9005.pdf.
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The Agency also will commit $152.2 million and 350.5 FTE to the Federal Vehicle and Fuels
Standards and Certification Program. Resources will support efforts to develop, implement, and
ensure compliance with national emission standards to reduce air pollution from light-duty cars
and trucks; heavy-duty trucks and buses; nonroad engines and equipment; and from the fuels that
power these engines. In December 2021, EPA finalized revised national greenhouse gas (GHG)
emissions standards for passenger cars and light trucks for Model Years 2023 - 2026. Executive
Order 14037: Strengthening American Leadership in Clean Cars and Trucks kicked off development
of a longer-term rulemaking to set emission standards that will save consumers money, cut pollution,
boost public health, advance environmental justice, and tackle the climate crisis. In support of this
Executive Order and under EPA's Clean Air Act authority, EPA will establish new multi-pollutant
emissions standards, including for greenhouse gas emissions, for light- and medium-duty vehicles
beginning with model year 2027 and extending through at least model year 2030.
Acting domestically to reduce GHG emissions is an important step to tackle the climate crisis;
however, environmental protection is a shared responsibility that crosses international borders, and
climate change poses a threat that no one government can solve alone. Through a collaborative
approach with international counterparts, we will make progress to abate pollution and tackle the
climate crisis. To this end, President Biden has ambitiously laid out a path, by 2030, for the United
States to cut greenhouse gas emissions by at least half from 2005 levels. EPA is in a critical
position to show our international partners that America is doing its part to reduce global
emissions. The FY 2023 request increases funding by $9 million for EPA's contribution to the
international Multilateral Fund (MLF) to support efforts related to the Kigali Amendment to the
Montreal Protocol. EPA will continue to engage both bilaterally and through multilateral
institutions to improve international cooperation on climate change. These efforts help fulfill
EPA's commitment to Executive Order 14008: Tackling the Climate Crisis at Home and Abroad.
Tackling the climate crisis depends not only on the Agency's ability to mitigate greenhouse gases
but also the capacity to adapt and deliver targeted assistance to increase the nation's resilience to
climate change impacts. As part of a whole-of-government approach, EPA will directly support
federal partners, Tribes and indigenous communities, states, territories, local governments,
environmental justice organizations, community groups, and businesses as they anticipate, prepare
for, adapt to, and recover from the impacts of climate change. EPA needs significant resources to
ensure it can continue to meet its mission and prepare communities for the risks of climate change.
In FY 2023, the Budget provides $20 million and 12 FTE for Climate Adaptation efforts to
strengthen the adaptive capacity of Tribes, states, territories, local governments, communities, and
businesses. In addition, EPA will lead through example and prioritize climate resiliency
investments across EPA-owned facilities. In FY 2023, EPA will invest $35 million and 10 FTE to
pursue aggressive energy, water, and building infrastructure improvements to advance the
Agency's use of carbon-pollution free electricity.
Take Decisive Action to Advance Environmental Justice and Civil Rights
The communities hardest hit by pollution and climate change are most often communities of color,
indigenous communities, rural communities, and economically disadvantaged communities. For
generations, many of these communities, which also are among the most vulnerable, have been
overburdened with higher instances of polluted air, water, and land. The inequity of environmental
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protection is not just an environmental justice issue but also a civil rights concern. Neither an
individual's skin color nor the wealth of their zip code should determine whether they have clean
air to breathe, safe water to drink, or healthy environments in which their children can play. And
yet, the development, implementation, and enforcement of environmental laws, regulations, and
policies have not always ensured the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income. This year, EPA has added "justice and equity"
as a fourth essential principle for its work, and the FY 2022-2026 EPA 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.
The FY 2023 Budget reframes how we implement our work by considering environmental justice
impacts and benefits across programs. EPA will implement the President's Justice40 Initiative
with the goal of delivering at least 40 percent of the overall benefits of relevant federal investments
to underserved and overburdened communities. Advancing the Administration's environmental
justice priorities is a foundational component of the Agency's FY 2023 Budget, and success
requires a whole-of-EPA approach. EPA's Budget recognizes the importance of embedding
environmental justice principles in all agency programs and implementing Executive Order 14008:
Tackling the Climate Crisis at Home and Abroad, and Executive Order 13985: Advancing Racial
Equity and Support for Underserved Communities Through the Federal Government. To elevate
environmental justice as a top Agency priority, EPA is proposing a new National Program
Manager for environmental justice and external civil rights compliance, to be headed by a Senate-
confirmed Assistant Administrator, to coordinate and maximize the benefits of the Agency's
programs and activities for underserved communities.
The FY 2023 Budget will expand upon the historic investments in environmental justice in the FY
2022 President's Budget to greatly enhance the Agency's ability to develop, manage, and award
new competitive grants to reduce the historically disproportionate health impacts of pollution in
communities with environmental justice concerns. In FY 2023, $300.8 million and 211.9 FTE in
the Environmental Justice program will expand support for community-based organizations,
indigenous organizations, Tribes, states, local governments, and territorial governments in pursuit
of identifying and addressing environmental justice issues through multi-partner collaborations.
Delivering tools and metrics for EPA and its Tribal, state, local, and community partners to
advance environmental justice and external civil rights compliance is a FY 2022-2023 Agency
Priority Goal.
To fully implement its external civil rights mission with quality and consistency and in a way that
yields positive and sustainable impacts for the most overburdened and vulnerable communities,
EPA must embed civil rights obligations into its programmatic actions and provide the level of
funding and staffing necessary for success. All applicants for and recipients of EPA financial
assistance, including state and local governments as well as private entities, have an affirmative
obligation to comply with federal civil rights laws, both as a prerequisite to obtaining EPA
financial assistance and in administering their programs and activities. EPA enforcement of these
anti-discrimination provisions is a vital part of the Agency's goal to advance equity and
environmental justice. Consistent enforcement of federal civil rights laws for recipients will
prevent decisions that can overburden underserved communities and create or exacerbate
significant inequities in human health protection and environmental pollution. In FY 2023, EPA
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provides a total of $25.9 million and 121.9 FTE to increase civil rights capacity across the Agency.
In the long term, the vigorous enforcement of civil rights laws will address historical and systemic
barriers that contribute to the environmental injustice affecting vulnerable communities.
Enforce Environmental Laws and Ensure Compliance
Ensuring compliance and enforcement of the Nation's environmental laws is foundational to
achieving EPA's mission. The Agency will hold bad actors accountable for their violations, with
a particular focus on communities with multiple pollution sources. In FY 2023, EPA also will
provide enhanced tools and technical assistance to the regulated community to support
understanding and compliance with environmental laws. EPA will implement a comprehensive
action plan in FY 2023 for integrating environmental justice and climate change considerations
throughout all aspects of its enforcement and compliance assurance work.
Within EPA's Compliance Monitoring program, $147.9 million is provided for enforcement and
compliance assurance efforts while incorporating environmental justice considerations into
programmatic work. EPA will provide targeted oversight and support to Tribal, state, and local
programs. The Agency will prioritize work with states to develop methods that successfully
leverage advances in both monitoring and information technology to increase the availability of
information about environmental conditions in disadvantaged communities.
EPA's Civil Enforcement Program is designed to protect human health and the environment by
ensuring compliance with the Nation's environmental laws. In FY 2023, EPA requests $213.2
million for civil enforcement efforts and to further develop and implement a comprehensive civil
enforcement plan for addressing environmental justice, climate change, per and polyfluoroalkyl
substances (PFAS) issues, and coal combustion residue rule compliance. PFAS are a group of
man-made chemicals that threaten the health and safety of communities across the Nation. These
resources will enhance EPA's ability to incorporate environmental justice and climate change
considerations into all phases of case development without displacing other important enforcement
and compliance assurance work. For example, EPA may focus on opportunities to reduce
greenhouse gas emissions while providing co-benefits in underserved communities, expand
inclusion of greenhouse gas mitigation and climate resilience remedies, and prioritize
environmental justice concerns in case resolutions.
Overburdened and underserved communities are often victims of environmental crime. EPA's FY
2023 Budget supports the development of a specialized Criminal Enforcement Initiative focused
on addressing environmental justice issues with other Agency priority National Compliance
Initiatives in partnership with the Department of Justice (DOJ). The Criminal Enforcement
Initiative focuses on the prioritization of investigative resources to overburdened communities and
vulnerable populations, while maintaining case initiation standards and reducing the impact of
pollution. The FY 2023 request provides $69.5 million and 291 FTE to expand EPA's capacity for
criminal enforcement to hold illegal polluters accountable, particularly in vulnerable communities.
In FY 2023, EPA also will advance efforts to protect fenceline communities at risk to
environmental health hazards from nearby oil and chemical facilities and underground storage tank
releases. Fenceline communities are often low-income and/or communities of color facing
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disproportionate risks from environmental health hazards, particularly in light of severe weather
events caused by a changing climate. With an investment of $14.6 million and 53.5 FTE provided
in FY 2023, EPA will advance protection of these communities by increasing inspections and
compliance assistance to ensure nearby facilities are adhering to regulations designed to protect
vulnerable populations. This investment also will be used to create and expand programs to
improve environmental protections and increase monitoring capability in fenceline communities.
Ensure Clean and Healthy Air for All Communities
Providing clean and heathy air for all communities is a central tenet of EPA's mission. Long-term
exposure to elevated levels of certain air pollutants has been associated with increased risk of
cancer, premature death, and damage to the immune, neurological, reproductive, cardiovascular,
and respiratory systems, while short-term exposure can exacerbate asthma and lead to other
adverse health effects and economic costs.3 Relying on the latest science, EPA will continue work
to reduce emission of the six National Ambient Air Quality Standards (NAAQS) pollutants—
particulate matter (PM), ozone, sulfur dioxide, nitrogen dioxide, carbon monoxide, and lead—and
air toxics from mobile and stationary sources. The FY 2023 request leverages several approaches
including regulatory tools, innovative market-based techniques, public and private-sector
partnerships, community-based approaches, voluntary programs that promote environmental
stewardship, and programs that encourage adoption of cost-effective technologies and practices.
The FY 2023 Budget includes $100 million to develop and implement a community air quality
monitoring and notification program to support efforts to ensure equitable environmental outcomes
to advance environmental justice for overburdened and marginalized communities. This program
will provide real-time data to the public in areas with greatest exposure to harmful levels of
pollution. In FY 2023, the Agency will continue to work closely with Tribes, states, and local air
quality agencies to develop the most effective approaches to meet community concerns. The
request includes resources to fulfill the President's commitment to engage meaningfully with
overburdened and vulnerable communities during the entire rulemaking process, from pre-
proposal through final promulgation and implementation.
In FY 2023, EPA will make critical resource investments in air regulatory development and
implementation work, particularly to support NAAQS review and implementation activities. The
President directed EPA to review the 2020 PM NAAQS and the 2020 Ozone NAAQS in accordance
with Executive Order 13990: Protecting Public Health and the Environment and Restoring Science
to Tackle the Climate Crisis. In FY 2023, EPA will continue reviewing the NAAQS and make
revisions, as appropriate, and has requested resources commensurate to support these reviews. Each
review involves a comprehensive reexamination, synthesis, and evaluation of scientific
information, the design and conduct of complex air quality and risk and exposure analyses, and the
development of a comprehensive policy assessment providing analysis of the scientific basis for
alternative policy options. In FY 2023, the Agency provides $299.4 million and 945.4 FTE to the
Federal Support for Air Quality Management program.
The Agency also will seek to address the air quality challenges presented by wildfires. Wildfire
smoke can vary from year to year but can typically make up approximately 30 percent of total
3 For more information, please visit https://www.epa.gov/air-research/research-health-effects-air-pollution
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PM2.5 emissions in some regions of the U.S., aggravating heart and lung disease and causing
premature death. Climate change has already led to a marked increase in wildfire season length,
wildfire frequency, and burned area.4 In FY 2023, EPA will work together with the U.S. Forest
Service and other federal, state, and community agencies and organizations to improve ways to
reduce the public health risk from air pollution resulting from wildfires. Additional resources will
enhance EPA's ability to forecast where smoke will impact people and communicate when and
where smoke events will occur so communities can be Smoke Ready. The Budget includes an
additional $12.7 million and 15.7 FTE to advance wildfire prevention and readiness in FY 2023.
The Agency also will provide robust financial support through Categorical Grant programs to
EPA's Tribal, state, and local partners to support their efforts in implementing air quality
management programs. In FY 2023, EPA requests $322.2 million for the State and Local Air
Quality Management program, including $100 million in grants to Tribes and states that will
support on-the-ground efforts to reduce methane emissions. This funding will support state and
local air quality networks, air permitting programs, emission inventories, air quality forecasts, air
quality training, visibility improvements, and air toxic monitoring efforts. In FY 2023, EPA also
requests $23.1 million for the Categorical Grant: Tribal Air Quality Management program.
Funding will assist Tribes to develop and implement air pollution control programs for Indian
Country to prevent and address air quality concerns, including mitigating and adapting to the
effects of climate change. EPA will work with Tribes to assess environmental and public health
conditions in Indian Country by developing emission inventories and, where appropriate,
expanding the siting and operating of air quality monitors.
Ensure Clean and Safe Water for All Communities
EPA's most recent clean and drinking water needs assessment surveys, published in 2012 and
2015, respectively, determined that the country will need to invest more than $743 billion over the
next 20 years to maintain, upgrade, and replace critical drinking water and wastewater
infrastructure.5 Today, up to 10 million homes in America and more than 400,000 schools and
childcare centers rely on drinking water distribution lines that contain lead—a clear and present
danger to the health of children. Replacing these lead pipes and adapting America's water
infrastructure to be more resilient to climate change is critical to keeping communities healthy and
safe, consistent with the President's Lead Pipe and Paint Action Plan.6 As the climate warms, more
extreme rainfall and flooding events could damage or overwhelm water systems, leaving entire
communities without safe water supplies for days or weeks. The Budget builds on the bipartisan
IIJA, which provides $8,429 billion to EPA's State Revolving Funds in 2023.
EPA's water infrastructure financing programs will advance the Agency's ongoing commitment
to infrastructure repair and replacement and build climate resilience into the water sector. At the
same time, these investments will create hundreds of thousands of good-paying jobs across the
4For more information on climate impacts, risk and adaptation in the United States visit:
https://nca2018.globalchange.gov/downloads. doi: 10.7930/NCA4.2018.
5For more information on EPA's Clean Water and Drinking Water Needs Survey Reports, visit: https://www.epa.gov/cwns and
https://www.epa.gov/dwsrf/epas-6th-drinking-water-infrastructure-needs-survey-and-assessment
6 https://www.whitehouse.gOv/briefmg-room/statements-releases/2021/12/16/fact-sheet-the-biden-harris-lead-pipe-and-paint-
action-plan.
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country.7 In the FY 2023 Budget, EPA proposes approximately $4.4 billion for water infrastructure
programs. This includes a total of $2,765 billion for the Clean Water State Revolving Funds
(CWSRF) and Drinking Water State Revolving Funds (DWSRF), and $80.3 million for the Water
Infrastructure Finance and Innovation Act (WIFIA) program. Also included is approximately $1.2
billion for grant programs authorized in the Water Infrastructure Improvements for the Nation Act
of 2016 (WIIN), the America's Water Infrastructure Act of 2018, and the Drinking Water and
Wastewater Infrastructure Act of 2021 (DWWIA). These resources are intended to upgrade aging
infrastructure, address the threat of climate change, invest in new technologies, and provide
assistance to communities.
Another goal of the Agency's infrastructure repair and replacement efforts is to address lead and
other contaminants such as PFAS in drinking water, especially in small and underserved
communities. AWIA strengthened many existing programs within EPA, including programs
authorized by the WIIN Act, while creating new programs to tackle significant public health and
environmental concerns. DWWIA, as authorized under the IIJA, builds on the foundation of
AWIA and WIIN to strengthen the Federal government's ability to upgrade the Nation's drinking
water and wastewater infrastructure. These investments will enable the Agency to increase water
infrastructure resilience and sustainability, provide assistance for underserved communities, and
reduce lead in drinking water. Investing in water infrastructure to enhance the livability and
economic vitality of overburdened and underserved communities is a focus of a FY 2022-2023
Agency Priority Goal. In total, the FY 2023 Budget provides approximately $1.2 billion in funding
for the AWIA, WIIN, and DWWIA grant programs, including the creation of twenty new grant
programs, which will provide communities with historic funding to address infrastructure needs,
provide climate resiliency, and create much needed jobs.
Clean Water and Drinking Water State Revolving Loan Programs
The FY 2023 Budget includes $1.639 billion for the CWSRF program to capitalize state revolving
loan funds in all 50 states and Puerto Rico to finance infrastructure improvements for public
wastewater systems and projects to improve water quality. It represents the largest source of
federal funds for states to provide loans and other forms of assistance for water quality projects
including construction of wastewater treatment facilities, water and energy efficiency projects, and
green infrastructure projects. In addition to capitalizing the CWSRF Program, a portion of the
request will provide direct grants to communities in Tribal nations and territories. The sanitation
infrastructure in these communities often lags the rest of the country, causing significant public
health concerns.
EPA's DWSRF is designed to assist public water systems in financing the costs of drinking water
infrastructure improvements needed to comply with Safe Drinking Water Act (SDWA)
requirements, protect public health, and support Tribal, state, and local efforts to protect drinking
water. The FY 2023 Budget requests $1,126 billion for the DWSRF to help finance critical
infrastructure improvements to public water systems. States have considerable flexibility to tailor
their DWSRF program to their unique circumstances and needs, allowing each state to carefully
and strategically consider how best to achieve the maximum public health protection and
7 Jobs Created estimates are based on the U.S. Water Alliance: The Value of Water Campaign: The Economic Benefits of Investing
in Water Infrastructure.
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infrastructure development that benefit all people living in the United States and are resilient to
the impacts of climate change.
Infrastructure within the water sector goes beyond repair and replacement to include the health of
the systems used to monitor clean and safe water. In FY 2023, EPA requests $25 million for a new
grant program to advance cybersecurity infrastructure capacity and protections within the water
sector. Cybersecurity represents a substantial concern for the water sector, given the prevalence of
state-sponsored and other malevolent attacks on the sector as well as the sector's inherent
vulnerability and limited technical capacity to address cyber issues.
WIFIA
The WIFIA program, created in 2014, is a critical tool to increase water infrastructure investments
by leveraging public and private sources of funds to maximize the reach of federal funds. As of
February 2022, the WIFIA program has issued 72 loans to communities across the country totaling
$13.3 billion in credit assistance to help finance nearly $28 billion for water infrastructure projects.
WIFIA loans for these projects have saved communities nearly $5 billion, which can be used for
additional infrastructure investment and to keep rates affordable for water system users. These
WIFIA-financed projects have created over 82,000 jobs and serve more than 37 million people,
demonstrating that WIFIA credit assistance is an effective tool to help address a variety of water
infrastructure needs to support communities nationwide. The FY 2023 request for the WIFIA
program would enable EPA to provide up to $8 billion in direct credit assistance and help spur
more than $16 billion in total infrastructure investments.
Geographic Programs
Beyond water infrastructure, the Agency recognizes the important role federal assistance provides
to protect water bodies of special ecological and economic importance to our Nation. Through
EPA's Geographic Water programs, the Agency assists states and multi-state partners and Tribes
to accelerate and manage the restoration of the ecological health of these water bodies. In total, the
FY 2023 request provides $578.6 million for EPA's Geographic Water programs to advance work
on projects that target the most significant environmental problems in these important water bodies
and watersheds. In FY 2023, EPA will provide resources to accelerate ecological restoration and
sustainable management in the Chesapeake Bay, Columbia River, Gulf of Mexico, the Great
Lakes, Lake Champlain, Lake Pontchartrain, Long Island Sound, Northwest Forest Watershed,
Puget Sound, San Francisco Bay, South Florida, and Southeast New England. Funding will help
monitor and restore these ecological treasures and enable sustainable use for years to come. The
Agency also will receive $343 million under the IIJA to increase support for EPA's Geographic
funding in FY 2023.
Safeguard and Revitalize Communities
Cleaning up contaminated lands so that they can be redeveloped and returned to productive use is
a challenge faced by many communities. Cleaning up America's most contaminated land and
reducing exposure to toxic substances are critical components of the Agency's strategy to address
human health, particularly in underserved communities where many of these sites are located.
Reuse and restoration of Superfund National Priorities List (NPL) sites directly support the
Administration's Justice40 initiative, as articulated in President Biden's Executive Order 14008:
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Tackling the Climate Crisis at Home and Abroad, which acknowledges the urgent need to restore
lands. Approximately 22 percent of Americans live within three miles of a Superfund site. Recent
research shows Superfund cleanup actions lowered the risk of elevated blood lead levels by
roughly 13 to 26 percent for children living within 1.24 miles of a Superfund NPL site where lead
is a contaminant of concern.8 Remediating contaminated land and restoring it to productive use is
not only an environmental imperative but presents an economic opportunity as well. A peer
reviewed study conducted by researchers at Duke University and the University of Pittsburgh
found that residential property values within three miles of Superfund sites increased between 18.7
and 24.4 percent when sites were cleaned up and removed from the NPL.9
The FY 2023 Budget enables the Agency to clean up hazardous waste sites in communities across
the Nation, including those where vulnerable populations, such as children, the elderly, and
economically disadvantaged individuals, reside. These hazardous sites also are vulnerable to the
effects of climate change, making remediation even more urgent. Federal data in a recent
Government Accountability Office (GAO) report suggests that approximately 60 percent of
Superfund sites overseen by EPA are in areas that are vulnerable to wildfires and different types
of flooding—natural hazards that climate change will exacerbate.10 The Agency is working to
clean up these sites with climate change in mind to protect at-risk populations. The FY 2023
Budget includes $454.6 million for the Superfund Remedial program to balance appropriated
resources with anticipated Superfund chemical tax receipts that were reauthorized through the
IIJA. The Agency will have Superfund chemical taxes collected in FY 2022 that will be available
for use in FY 2023. EPA will use the Superfund chemical taxes, along with the $3.5 billion
provided to EPA under the IIJA and other appropriated resources, to implement the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
Like Superfund remediation, investing in brownfields cleanup and redevelopment can revitalize
main streets, neighborhoods, and rural communities, increase residential property values, and
create good-paying jobs. The FY 2023 Budget includes $214.8 million to build on current work to
provide financial and technical assistance to assess, clean up, and plan reuse at brownfields sites.
In FY 2023, the Budget also provides an increase of 60 FTE for Brownfields Community
Development Specialists. This investment of 60 regional FTE will provide expanded technical
assistance and build capacity in small, rural, environmental justice, and other historically
overburdened and underserved communities. These Community Development Specialists manage
land revitalization projects, provide one-on-one financial planning support, and educate
communities on how to address brownfields-related issues.
Since its inception, the EPA Brownfields Program has fostered a community-driven approach to
the reuse of contaminated sites. Approximately 143 million people (roughly 44 percent of the U.S.
population) live within three miles of a brownfields site that receives EPA funding.11 As of March
8 Details can be found at https://www.epa.gov/environmental-economics/research-environmental-economics-ncee-working-paper-
series
9 Shanti Gamper-Rabindran and Christopher Timmons. 2013. "Does cleanup of hazardous waste sites raise housing values?
Evidence of spatially localized benefits," Journal of Environmental Economics and Management 65(3): 345-360,
http://dx.doi.Org/10.1016/j.jeem.2012.12.001.
10 https://www.gao.gov/products/gao-20-73
11 U.S. EPA, Office of Land and Emergency Management 2020. Data collected includes: (1) Superfund, Brownfield, and RCRA
Corrective Action site information as of the end of FY 2019; (2) UST/LUST information as of late-2018 to mid-2019 depending
on the state; and (3) 2015-2018 American Community Survey (ACS) Census data.
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2022, grants awarded by the Program have led to more than 146,300 acres of idle land made ready
for productive use and more than 183,000 jobs and $35.2 billion leveraged. Cleaning up
contaminated sites to enhance the livability and economic vitality of overburdened and
underserved communities is a focus of a FY 2022-2023 Agency Priority Goal.
In FY 2023, the Agency will continue to invest in domestic recycling and solid waste infrastructure
that builds a circular economy. According to the U.S. EPA Recycling Economic Information
Report, the U.S. recycling industry supports 680,000 jobs and provides $5.5 billion annually in tax
revenues. In addition to these human resources and financial returns, the materials themselves hold
great value, as recent data indicate that materials worth $9 billion are thrown away each year. The
FY 2023 Budget includes $10.4 million and 43.4 FTE in the Resource Conservation and Recovery
Act Waste Minimization and Recyling Program to better support the sustainable management of
resources, in addition to $10 million for Solid Waste Infrastructure in grant funding under State
and Tribal Assistance Grants (STAG).
The Agency has a statutory role to ensure that contamination is quickly and effectively cleaned up
while ensuring protection of human health and the environment from releases of hazardous
substances. In FY 2023, an additional $10 million is invested to address critical gaps in EPA's
ability to oversee federal agencies/facilities cleanup, including Department of Defense PFAS
cleanup under CERCLA. The Agency also will assist with homeland security goals by investing
$10 million in critical resources to replace outdated Portable High-Throughput Integrated
Laboratory Identification System (PHILIS) equipment. PHILIS is EPA's mobile laboratory asset
for the on-site analysis of chemical warfare agent and toxic industrial compound contaminated
environmental samples.
Ensure the Safety of Chemicals for People and the Environment
The FY 2023 Budget provides additional resources to build Agency capacity to manage chemical
safety and toxic substances. EPA has significant responsibilities under amendments to the Toxic
Substances Control Act (TSCA) to ensure the safety of chemicals in or entering commerce and
addressing unreasonable risks to human health or the environment. Chemicals and toxic substances
are ubiquitous in our everyday lives and are often released into the environment from their
manufacture, processing, use, or disposal. EPA's work in managing chemical safety and toxic
substances is particularly important to vulnerable populations, including low-income, minority,
and indigenous populations, as well as children, who may be disproportionately affected by, and
particularly at risk from, exposure to chemicals.
To ensure that EPA can achieve the statutory requirements under TSCA, the Agency needs a
substantial increase in scientific expertise and financial resources. To facilitate this need, the FY
2023 Budget provides an additional $64.0 million and 201 FTE to the TSCA program. Based on
five years of implementing TSCA since enactment of the Lautenberg Act, the Agency has
determined that additional FTE are required to increase the capacity of the program to address the
heavy workload associated with chemical risk evaluations and risk management to support the
Agency's ability to meet statutory mandates. EPA will continue to emphasize quality, adherence
to statutory intent and timelines applicable to pre-market review of new chemicals, chemical risk
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evaluation and management, data development and information collection, and review of
Confidential Business Information (CBI) claims.
The Agency also has significant responsibility under the Federal Insecticide, Fungicide, and
Rodenticide Act (F1FRA) to screen new pesticides before they reach the market and ensure that
pesticides already in commerce are safe. In addition, EPA is responsible for complying with the
Endangered Species Act (ESA) and ensuring that federally endangered and threatened species are
not harmed when the Agency registers pesticides. Endangered species risk assessments involve
consideration of risks for approximately 1,200 active ingredients in more than 17,000 pesticide
products to more than 1,600 listed endangered species and 800 designated critical habitats in the
U.S. Given the complexity of evaluating potential effects to diverse listed species, EPA has been
unable to perform ESA evaluations for most of its required actions, which has resulted in numerous
successful litigation challenges for registration and registration review actions. To begin making
incremental progress toward meeting ESA mandates, the FY 2023 Budget includes an additional
$4.9 million and 10 FTE to enable the Pesticide program to integrate ESA requirements in
conducting risk assessments and making risk management decisions that protect federally
threatened and endangered species from exposure to new active ingredients.
In FY 2023, EPA will continue to work across environmental programs to advance Agency efforts
to tackle PFAS pollution, following the Agency's PFAS Strategic Roadmap.12 As part of the
President's commitment to tackling PFAS pollution, the FY 2023 Budget provides approximately
$126 million for EPA to increase its understanding of PFAS and human health and ecological
effects, restrict use to prevent PFAS from entering the air, land, and water, and remediate PFAS
that have been released into the environment. The FY 2023 Budget includes an increase of $4.2
million and 9 FTE for EPA's Environmentally Preferable Purchasing Program to protect the public
from potential effects of PFAS through labeling to help purchasers identify products that meet
specific environmental performance criteria.
Restoring EPA's Core Capacity
The FY 2023 Budget includes 16,204.1 FTE, an increase of 1,907.1 above the current level, to
restore the Agency's capacity. Strategically increasing staffing levels across the Agency will
facilitate and expedite EPA's work to address air, water, and climate priorities and advance
environmental justice. EPA strives to provide modern and efficient workforce services and serve
as a model for diversity, equity, inclusion, and accessibility. The FY 2023 Budget supports this
goal by providing funding for increased efforts to enhance diverse hiring practices and more
equitable internship access to build the workforce of the future. The FY 2023 Budget also provides
robust support for implementation of the Foundations for Evidence-Based Policymaking Act of
2018. Resources also will ensure the Agency's IT assets and infrastructure are secure. In addition
to these investments, the Budget will provide 115 FTE to strengthen EPA's grants and procurement
workforce and ensure programmatic integrity. By increasing capacity at the Agency, the FY 2023
Budget will better position the Agency staff to fulfill our mission of protecting human health and
the environment efficiently and effectively.
12 For more information, please visit: https://www.epa.gov/pfas/pfas-strategic-roadmap-epas-commitments-action-2021-2024
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As EPA continues to strengthen its ability to recruit, hire, develop, promote, and retain top talent
and to remove barriers to equal opportunity at the management and staff levels, the Agency must
also provide resources and opportunities to strengthen and advance diversity, equity, inclusion,
and accessibility across executive leadership. The FY 2023 Budget provides $10 million and 62
FTE to support Agency-wide implementation of and Executive Order 14035: Diversity, Equity,
Inclusion, and Accessibility (DEIA) in the Federal Workforce. In FY 2023, EPA will implement
the actions identified in the Agency' s DEIA Strategic Plan and work to ensure Agency recruitment,
hiring, promotion, retention, professional development, performance evaluations, pay and
compensation policies, reasonable accommodations access, and training policies and practices are
equitable. The requested increase will support two key DEIA initiatives—the SES Candidate
Development Program and the paid internship program. The SES Candidate Development
Program will emphasize DEIA leadership so future EPA executives reflect the diversity of the
American people and are effectively trained in the skills necessary to lead a diverse workforce.
The paid internship program is being expanded to provide Federal work experience to more than
180 additional students, including from underrepresented and underserved populations, and
provide opportunities for conversion to permanent federal service after successfully completing
the program.
Expanded capacity also extends to ensuring that rigorous scientific integrity guides policy and the
Agency's regulatory process. Scientific and technological information, data, and evidence-based
decision making are central to the development and iterative improvement of sound policies and
to the delivery of effective and equitable programs. Environmental challenges in the 21st century
are increasingly complex. For example, the interplay between air quality, climate change, and
emerging energy options requires different thinking and solutions than those used in the past.
These solutions require research that transcends disciplinary lines and involve EPA regions and
programs working together with Tribal, state, and local partners, stakeholders, and communities.
The FY 2023 request includes $644 million and 1,853.8 FTE for EPA's Office of Research and
Development.
EPA has embarked on a multi-year effort to strengthen how the Agency identifies, prioritizes, and
undertakes evidence-building activities and develops evidence-building capacity to inform its
policies and decisions, consistent with the Foundations for Evidence-Based Policymaking Act of
2018. The FY 2023 Budget will promote program evaluation as an essential component of federal
evidence building. This effort will advance an evaluation culture through a bottom-up approach
and increase agencywide engagement in program evaluation. It also provides an opportunity for
capacity building throughout the Agency by engaging programs and regions with less evaluation
experience and broadening the types of evaluations that the Agency conducts. Work in this area
will increase the use of program evaluation and evidence building to inform Agency program,
policy, and resource decisions.
In FY 2023, EPA will leverage $31.6 million, an increase of $22.6 million, to protect the Agency's
information technology infrastructure and support implementation of Executive Order 14028:
Improving the Nation's Cyber security. In FY 2023, EPA will continue implementing multifactor
authentication, encrypting data at rest and in transit, implementing "Zero Trust Architecture"
network design, and implementing advanced logging technologies. These changes will
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dramatically increase information technology resiliency in the event of a malicious attack and limit
the amount of damage that can be done by bad actors.
By restoring EPA's core capacity and ensuring that mission support services are adequately
funded, the FY 2023 Budget will enable the Agency to carry out its goals effectively while being
a good steward of federal resources.
Resource Allocations to Goals and Objectives
In accordance with the Government Performance and Results Act of 1993 (GPRA) and the GPRA
Modernization Act of 2010, the FY 2023 Budget identifies resources aligned with the strategic
goals and objectives of the Agency's FY 2022 - 2026 EPA Strategic Plan. The Budget also
allocates agencywide mission and science support resources and FTE across the goals and
objectives. These resources provide support for multiple goals to achieve their objectives. This
support involves the provision of foundational agencywide and cross-agency research and
development, science, and essential mission assistance services by the EPA Offices of the
Administrator (OA), Chief Financial Officer (OCFO), General Counsel (OGC), Inspector General
(OIG), Mission Support (OMS), and Research and Development (ORD). The resource summaries
by Strategic Goal and Objective within the Congressional Justification provide the total of both
direct and allocated resources.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Resource Summary Tables
3
3
APPROPRIATION SUMMARY
Budget Authority
1
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2
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION SUMMARY
Budget Authority
(Dollars in Thousands)
FY 2023
FY 2021 Final FY 2022 President's
Actuals Annualized CR Budget
Science & Technology
$626,895
$729,329
$864,155
Environmental Programs & Management
$2,572,857
$2,761,550
$3,796,280
Inspector General
$38,174
$43,500
$55,865
Building and Facilities
$43,076
$33,752
$80,570
Inland Oil Spill Programs
$19,601
$20,098
$26,502
IG Transfer
S& T Transfer
Superfund Program
$11,634
$24,133
$1,290,597
$11,586
$30,755
$1,163,470
$12,062
$31,368
$1,110,738
Hazardous Substance Superfund
$1,326,363
$1,205,811
$1,154,168
Leaking Underground Storage Tanks
$92,830
$92,203
$93,814
State and Tribal Assistance Grants
$4,557,273
$4,313,901
$5,729,143
Hazardous Waste Electronic Manifest
System Fund
$21,652
$0
$0
Water Infrastructure Finance and
Innovation Fund
$79,800
$65,000
$80,344
SUB-TOTAL, EPA
$9,378,522
$9,265,144
$11,880,841
Cancellation of Funds
$0
-$27,991
$0
TOTAL, EPA
$9,378,522
$9,237,153
$11,880,841
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the Superfund account.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION SUMMARY
Authorized Full-time Equivalents (FTE)
FY 2023
FY 2021 Final FY 2022 President's
Actuals Annualized CR Budget
Science & Technology
2,039.2
1,987.7
2,190.9
Environmental Programs & Management
8,677.8
8,883.4
10,332.1
Inspector General
211.1
227.5
258.5
Inland Oil Spill Programs
78.2
84.8
99.8
IG Transfer
S& T Transfer
Superfund Program
54.4
68.6
2,558.8
42.5
63.1
2,530.9
42.5
63.1
2,608.6
Hazardous Substance Superfund
2,681.8
2,636.5
2,714.2
Leaking Underground Storage Tanks
43.6
46.6
46.6
State and Tribal Assistance Grants
8.3
7.0
126.6
Hazardous Waste Electronic Manifest
System Fund
11.7
11.0
11.0
Water Infrastructure Finance and
Innovation Fund
32.8
28.4
40.0
Rereg. & Exped. Proc. Rev Fund
188.2
135.3
135.3
WCF-Reimbursable
221.5
249.1
249.1
Deepwater Horizon Natural Resource
Damage Assessment
4.1
0.0
0.0
Pesticide Registration Fund
71.5
0.0
0.0
UIC Injection Well Permit BLM
2.3
0.0
0.0
SUB-TOTAL, EPA
14,272.1
14,297.3
16,204.1
TOTAL, EPA
14,272.1
14,297.3
16,204.1
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the
Superfund account.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Cross-Agency Strategies
Cross-Agency Strategy 1: Ensure Scientific Integrity and Science-Based Decision Making 7
Cross-Agency Strategy 2: Consider the Health of Children at All Life Stages and Other
Vulnerable Populations 9
Cross-Agency Strategy 3: Advance EPA's Organizational Excellence and Workforce
Equity 11
Cross-Agency Strategy 4: Strengthen Tribal, State, and Local Partnerships and Enhance
Engagement 14
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Cross-Agency Strategy 1: Ensure Scientific Integrity and Science-Based Decision Making
Deliver rigorous scientific research and analyses to inform evidence-based decision-making.
EPA's ability to protect human health and the environment depends on the integrity and quality of
the information, data, and evidence that provide the scientific foundation for Agency decision
making. Identifying and implementing effective strategies, including strategies to adapt to the
changing climate, advance environmental justice and equity, and protect children, require that
decisions be grounded in the best available science and evidence. EPA's Cross-Agency Strategy
1 in the FY2022 - 2026EPA Strategic Plan will strengthen EPA's culture of scientific integrity,
advance the delivery of rigorous and independent scientific evaluation and analyses, and ground
EPA's actions in the best available science.
Cross-Agency Strategy 1, Ensure Scientific Integrity and Science-Based Decision Making is
directly supported by the following long-term performance goals in the FY 2022 - 2026 EPA
Strategic Plan:
• By September 30, 2026, increase the annual percentage of Office of Research and
Development (ORD) research products meeting partner needs to 95% from a baseline of
93% in FY 2021.13
• By September 30, 2026, implement 126 actions for scientific integrity objectives that are
certified by Deputy Scientific Integrity Officials in each EPA program and region.
EPA's research and science programs, including the Office of Research and Development's (ORD)
Research Centers and the Regional Laboratory Enterprise, support this strategy through the
delivery of rigorous scientific research and analyses.
The primary mission of the Agency's Research Centers is to provide the research and science
needed to guide EPA's national regulatory process and other long-range decision processes. This
research portfolio also enables scientists to provide short-term technical expertise in support of the
Agency's national programs, regional offices, and Tribal and state partners. Scientific research and
development will support: 1) tackling the climate crisis by addressing the causes and consequences
of climate change and developing more resilient communities; 2) addressing current, emerging,
and long-term water resource challenges; 3) developing scientific and technical approaches to
enhance the Agency's ability to evaluate chemicals and their risks; 4) accelerating the pace of
cleanups at contaminated sites so they can be returned to beneficial use; 5) revitalizing and
protecting the most vulnerable communities and groups; and 6) conducting environmental risk
assessments to better inform policies for protecting human health, particularly for children at all
life stages.
13 ORD is tracking environmental justice and climate products as annual performance goals. Please see the Annual Performance
Plan table in Tab 14: FY 2023 Performance Measures.
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Scientific integrity results from adherence to professional values and practices when conducting,
communicating, supervising, and using science. It ensures objectivity, clarity, reproducibility, and
utility, and it safeguards against bias, fabrication, falsification, plagiarism, outside interference,
censorship, and inadequate procedures and information security. EPA will advance and strengthen
a culture of scientific integrity across the Agency by ensuring adherence to the scientific and
ethical standards outlined in EPA's Scientific Integrity Policy. To support employees, contractors,
and officials, EPA will provide Agency-wide training on scientific integrity. Employees,
contractors, and officials have access to Scientific Integrity Officials and their staff and a network
of Deputy Scientific Integrity Officials on whom they can rely for advice or to report allegations
of a loss of scientific integrity.
In FY 2023, EPA will make significant investments in applied science and tools to support
historically overburdened and underserved communities in achieving tangible environmental
improvements. EPA will assess the consequences of climate change and the vulnerability of
communities and ecosystems to climate change impacts, including wildfires and other extreme
events, and identify and evaluate strategies to adapt to and build resilience to these impacts. In
addition, EPA will conduct research and provide technical support to assess the distribution,
composition, and potential health risks of known and emerging chemical and biological
contaminants. EPA will conduct chemical exposure research to develop advanced analytical and
computational tools to detect and identify unknown chemicals in complex environmental media,
biological media, and consumer products.
EPA also will evaluate and communicate the benefits from remediation, restoration, and
revitalization of contaminated sites and provide community-driven solutions with measurable
outcomes. These efforts will help communities meet their needs for building resilience to the
impacts of climate change, including the health and well-being of those most vulnerable. The
Agency will continue to emphasize per- and polyfluoroalkyl substances (PFAS) research,
including methods to detect and measure PFAS and PFAS toxicity assessments and exposures.
Likewise, the Agency will continue to emphasize lead (Pb) research, including methods to identify
lead service lines, model blood levels, and map communities at risk to lead exposure.
The FY 2023 budget request includes resources to enhance the capability of Regional Laboratories,
which focus on providing expertise and scientific information needed to make short-term localized
decisions. Replacement of older, high-maintenance equipment are critical to the production of
accurate data and analyses needed to protect public health and will enable Regional Laboratories
to meet growing demands related to contaminants such as PFAS and expand the Regional
Laboratory network's capabilities to meet tight turnaround times during national emergencies. In
addition, this investment will enable Regional Laboratories to expand their capability to screen,
identify, and quantify emerging contaminants, especially in vulnerable and highly exposed
individuals in impacted communities.
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Cross-Agency Strategy 2: Consider the Health of Children at All Life Stages and Other
Vulnerable Populations
Focus on protecting and improving the health of children at all life stages and other vulnerable
populations in implementing our programs.
EPA's programs will apply and promote the use of science, policy, partnerships, communications,
and action to protect children at all life stages and other vulnerable populations from adverse health
effects resulting from exposure to pollution and the impacts of climate change. EPA also will take
actions to protect children and other vulnerable populations in underserved communities where
socio-economic determinants of health exacerbate the harm caused by these environmental
stressors.
Children's environmental health refers to the effect of the environment on children's growth,
wellness, development, and risk of disease. 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. The effects of early life exposures may become apparent during childhood
and/or may not arise until adulthood or in later generations.
Cross-Agency Strategy 2, Consider the Health of Children at All Life Stages and Other Vulnerable
Populations is directly supported by the following long-term performance goal in the FY 2022 -
2026 EPA Strategic Plan:
• By September 30, 2026, assess and consider environmental health information and data for
children at all life stages for all completed EPA actions that concern human health.
To best protect children's environmental health at all life stages and vulnerable populations, EPA
will identify, assess, develop, and promote the use of science to support its policies, decisions, and
actions, including regulations and voluntary programs. EPA will ensure that Agency toxicity,
exposure, and risk assessments consider all relevant and available science to address the unique
vulnerabilities of children and vulnerable populations, including disproportionate impacts related
to race, ethnicity, income, or other social determinants of health.
In FY 2023, EPA's Children's Health Program will continue its core work to:
• Coordinate and advance the protection of children's environmental health across the EPA
by assisting with development of regulations, improving risk assessment and science
policy, implementing community-level outreach and education programs, and tracking
indicators of progress on children's health.
• Coordinate two plenary meetings of the Children's Health Protection Advisory Committee,
including delivery of an expert review of EPA's Consideration of Legally Working
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Children in Pesticide Exposure Assessment14 and the issuance of a new charter for this
group of experts on issues facing the future of children's health protection nationally.
• Support health care professionals via the Pediatric Environmental Health Specialty Units
to better address risks from childhood exposures, particularly in communities with
environmental justice concerns.
• Partner with the Department of Health and Human Services to lead the cross-federal
President's Task Force on Environmental Health Risks and Safety Risks to Children.
Recognizing the 25th anniversary of Executive Order (EO) 13045: Protection of Children from
Environmental Health Risks and Safety Risks15, in FY 2023 EPA also will:
• Support the EPA Administrator to convene the President's Task Force on Environmental
Health Risks and Safety Risks to Children. The focus of this work will be on protecting
children from adverse consequences of climate change and disasters, addressing disparities
in asthma among children, and reducing childhood lead poisoning.
• Obtain expert input from the National Academies of Science, Engineering, and Medicine
to identify the highest scientific priorities to advance children's health for the next quarter
century.
• Take actions to protect children in underserved communities who suffer disproportionately
from the effects of pollution exposures exacerbated by socio-economic determinants of
health.
• Take actions to address children's environmental health that is exacerbated by climate
change.
14 For additional information, please see: https://www.epa.gov/system/fLles/documents/2021-12/chpac-pesticide final-letter-
1.2.21. 508c O.pdf".
15 Executive Order 13045: Protection of Children's Health from Environmental Health Risks and Safety Risks (April 23, 1997)'.
https://www.epa.gov/children/executive-order-13045-protection-children-environmental-health-risks-and-safetv-risks
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Cross-Agency Strategy 3: Advance EPA's Organizational Excellence and Workforce
Equity
Foster a diverse, equitable, and inclusive workforce within an effective and mission-driven
workplace.
To support its mission to protect human health and the environment, EPA will make significant
progress in FY 2023 to advance organizational excellence and workforce equity. The Agency will
strengthen workforce planning of mission-critical positions and support succession management
for the next generation of workers while emphasizing diversity, equity, inclusivity, and
accessibility (DEIA). EPA will modernize information technology systems, enhance the physical
workplace for a hybrid workforce, support employee-friendly work policies, and transition to a
paperless work environment. EPA will focus on implementing efficient and effective processes
across the full range of Agency efforts, utilizing proven continuous improvement techniques and
training to equip staff to solve problems and make improvements to enhance our ability to
accomplish our mission. Additionally, EPA will continue to safeguard against cybersecurity risks
to protect Agency assets and infrastructure from potentially malicious attacks. Further, EPA will
be a leader in the federal government in advancing the sustainability of facilities and operations
while developing resiliency to respond to the risks of climate change. EPA will eliminate barriers
to its procurement processes through greater diversification of the Agency's vendor base,
increasing engagement and technical assistance, and enhancing the Agency's contracts with new
vendors, including with small and underserved businesses and targeting businesses located in
Historically Underutilized Business Zones (HUBZones).16
Cross-Agency Strategy 3, Advance EPA 's Organizational Excellence and Workforce Equity is
directly supported by the following long-term performance goals in the FY 2022 - 2026 EPA
Strategic Plan:
• By September 30, 2026, EPA will achieve the highest Diversity, Equity, Inclusion and
Accessibility (DEIA) Maturity Level of "Leading and Sustaining" as defined by the
November 2021 Government-wide Strategic Plan to Advance DEIA in the Federal
Workforce and achieve all EPA goals identified in the Agency's Gender Equity and
Equality Action Plan.
• By September 30, 2026, improve 1,000 operational processes.
• By September 30, 2026, initiate all priority climate resiliency projects for EPA-owned
facilities within 24 months of a completed facility climate assessment and project
prioritization.
• By September 30, 2026, EPA will be in full compliance with the five high-priority
directives in Executive Order 14028 - Improving the Nation's Cybersecurity.
16 Small Business Administration's HUBZone Program: https://www.sba.gov/federal-contracting/contracting-assistance-
programs/hubzone-program.
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• By September 30, 2026, award 4% of EPA contract spending to small businesses located
in Historically Underutilized Business Zones (HUBZones) compared to the FY 2018-2020
average annual baseline of 2.2%.
• By September 30, 2026, automate the major EPA permitting programs.
• By September 30, 2026, automate all priority internal administrative processes.
In FY 2023, EPA will implement the Agency's Diversity, Equity, Inclusivity, and Accessibility
(DEIA) Plan to advance progress towards recruiting and maintaining a workforce representative
of the American public that promotes a culture of inclusion and accessibility within the Agency.
By the end of FY 2023, EPA will have achieved at least the Level 1: Foundational Capacity
maturity level as defined by the November 2021 Government-wide Strategic Plan to Advance
DEIA in the Federal Workforce.
In FY 2023, EPA will make progress towards equity goals by eliminating barriers in its
procurement processes and increasing the amount of spending on small and disadvantaged
businesses. EPA will provide technical assistance to small business vendors on navigating federal
contracting requirements and ensure that new EPA procurements are accessible in scope and
requirements for small businesses to successfully compete. This work will yield an increase in
contract spending awarded to small and socioeconomic businesses, including those located in
HUBZones.
In FY 2023, EPA will continue to implement its Future of Work plans that will re-envision both
the workforce and the physical workspace of the Agency. Activities will include modernization
and transformation of collaborative spaces across several Agency facilities to encourage seamless
engagement of a hybrid workforce, leveraging the latest collaboration and productivity IT tools
and software, and a continued investment in IT infrastructure to maintain a permanent increase in
telework, remote work, and operational readiness. Additionally, EPA will continue to manage
increasingly flexible workforce policies and procedures that support a hybrid workforce and enable
EPA to be a model employer.
In FY 2023, EPA will continue to pursue information technology systems and infrastructure
modernization. Activities will include the enhancement of the electronic records management
system to meet Office of Management and Budget (OMB) and National Archives and Records
Administration (NARA) requirements to manage records permanently, and automation of internal
administrative forms and processes to achieve a paperless work environment. In addition, EPA
will increase adoption of Multifactor Authentication, encryption for Agency systems and data,
Zero Trust Architecture, and advanced logging requirements to accomplish Executive Order (EO)
14028: Improving the Nation's Cyber security.
In FY 2023, in support of EO 14008: Tackling the Climate Crisis at Home and Abroad, EPA will
conduct climate resiliency assessments at five EPA-owned facilities. These assessments will
include identifying potential projects the Agency can implement to increase facility resiliency
against the impacts of climate change, such as roofing stability, building envelope, and emergency
power projects. Following completion of a climate assessment, EPA will initiate high-priority
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projects within 24 months. Further, EPA will continue progress towards achieving carbon-
pollution free energy use and net-zero emissions in line with Administration sustainability goals.
In FY 2023, EPA will collaborate with the Agency's major permitting programs to establish the
target number of permit processes to be automated.17 Automation of permit processes will reduce
processing time on issuing permits, decrease the time between receiving monitoring data and
engaging in enforcement actions, and foster transparency by allowing communities to search,
track, and access permitting actions easily. Further, permit automation will enable the integration
of climate change and environmental justice 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 time and costs savings. For communities and stakeholders, permit automation
can empower communities, especially communities with environmental justice concerns, to
actively participate in the permit decision-making process and post-permit related compliance.
17 Broad statutory frameworks for the permitting programs are found in Sections 165,173, and 502 of the Clean Air Act (42 U.S.C.
§§ 7475, 7503, and 7661a), Section 402 of the Clean Water Act (33 U.S.C. § 1342), Section 3006 of the Resource Conservation
and Recovery Act (42 U.S.C. § 6926), and Section 1422 and Section 1425 of the Safe Drinking Water Act (42 U.S.C. §§ 300h and
300h-4).
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Cross-Agency Strategy 4: Strengthen Tribal, State, and Local Partnerships and Enhance
Engagement
Collaborate and engage effectively with Tribal Nations in keeping with the Federal
Government's trust responsibilities, state and local governments, regulated entities, and the
public to protect human health and the environment.
Protecting human health and the environment is a shared responsibility of EPA and its Tribal, state,
and local government partners. With Tribal governments, EPA also has a historic and fundamental
trust responsibility. Environmental outcomes are best achieved through collaborative and effective
partnerships across all levels of government, successful oversight of federally delegated programs,
and robust engagement with non-governmental organizations, national and community groups,
stakeholders, and the public, built on a foundation of public trust and transparency, including
through timely responses to information requests. Through a renewed focus on fostering
intergovernmental relationships, improving on-the-ground community engagement, delivering
high-impact environmental education programs, and increasing public trust and transparency, EPA
will forge stronger partnerships. As a result, EPA will be better positioned to advance durable
solutions to its most pressing challenges and ensure the equitable protection of all communities,
including those who have historically been underserved and overburdened.
Cross-Agency Strategy 4, Strengthen Tribal, State, and Local Partnerships and Enhance
Engagement is directly supported by the following long-term performance goals in the FY 2022 -
2026 EPA Strategic Plan:
• By September 30, 2026, consider Tribal treaty rights as part of all EPA Tribal consultations
that may affect Tribal treaty rights.
• By September 30, 2026, eliminate the backlog of overdue Freedom of Information Act
(FOIA) responses, compared to the FY 2021 baseline of 1,056.
In light of the disproportionate impact of environmental pollution on Native Americans, EPA is
committed to strengthening its Nation-to-Nation relationship with American Indian and Alaska
Native Tribal Nations. EPA will strive to meet its federal trust responsibility and work to integrate
consideration of Tribal treaty and reserved rights early into decision making and regulatory
processes.
The early, meaningful, and substantial involvement of EPA's co-regulator partners is critical to
the development, implementation, and enforcement of the Nation's environmental programs. With
a renewed focus on climate, environmental justice, and children's health, EPA will emphasize
frequent and early communication as a keystone of its partnership with Tribal and state co-
regulators, since EPA must thoughtfully consider their concerns and existing regulatory programs
to develop effective and lasting solutions to our most pressing environmental challenges.
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.
14
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In addition, EPA will update key policies and guidances related to overseeing states'
implementation of federal environmental programs. These updates are intended to strengthen and
improve the Agency's oversight of federally delegated environmental programs to ensure climate
change and environmental justice challenges are addressed.
In FY 2023, EPA will enhance transparency, build public trust in Agency actions, and support
public participation by strengthening its implementation of the Freedom of Information Act
(FOIA). EPA will continue to focus on improving its processing of FOIA requests, in particular,
to address the increasing complexity and volume of electronic documents required to be searched,
collected, and reviewed when responding to FOIA requests. The Agency will work to increase
processing speed and to apply appropriate technologies to ensure it supports the timely searching
and collection of information for purposes of responding to FOIA requests and other information
needs in a cost-effective and sustainable manner. In addition, in FY 2023, EPA will procure and
prepare to launch a new FOIA recordkeeping and processing software solution to replace
FOIAonline at the beginning of FY 2024.
15
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16
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Goal and Objective Overview
GOAL, APPROPRIATION SUMMARY 19
Budget Authority 19
Authorized Full-time Equivalents (FTE) 21
Goal 1: Tackle the Climate Crisis 24
Goal 2: Take Decisive Action to Advance Environmental Justice and Civil Rights 32
Goal 3: Enforce Environmental Laws and Ensure Compliance 39
Goal 4: Ensure Clean and Healthy Air for All Communities 45
Goal 5: Ensure Clean and Safe Water for All Communities 51
Goal 6: Safeguard and Revitalize Communities 56
Goal 7: Ensure Safety of Chemicals for People and the Environment 63
17
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18
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
GOAL, APPROPRIATION SUMMARY
Budget Authority
(Dollars in Thousands)
Tackle the Climate Crisis
Science & Technology
Environmental Programs & Management
State and Tribal Assistance Grants
Take Decisive Action to Advance
Environmental Justice and Civil Rights
Environmental Programs & Management
Hazardous Substance Superfund
State and Tribal Assistance Grants
Enforce Environmental Laws and Ensure
Compliance
Science & Technology
Environmental Programs & Management
Inland Oil Spill Programs
Hazardous Substance Superfund
Leaking Underground Storage Tanks
State and Tribal Assistance Grants
Ensure Clean and Healthy Air for All
Communities
Science & Technology
Environmental Programs & Management
Hazardous Substance Superfund
State and Tribal Assistance Grants
Ensure Clean and Safe Water for All
Communities
Science & Technology
Environmental Programs & Management
FY 2021 Final
Actuals
$501,653
$155,337
$231,353
$114,963
$237,375
$132,229
$806
$104,339
$695,737
$18,726
$416,386
$3,249
$217,389
$696
$39,291
$694,283
$32,302
$272,095
$2,343
$387,543
$4,960,117
$6,092
$918,180
FY 2022
Annualized CR
$541,168
$170,475
$249,597
$121,095
$251,714
$148,682
$982
$102,050
$706,099
$21,771
$435,386
$3,040
$207,736
$690
$37,476
$714,963
$33,066
$292,214
$2,366
$387,317
$4,862,891
$16,996
$1,035,828
FY 2023
President's
Budget
$773,133
$245,459
$335,338
$192,335
$615,435
$481,508
$7,325
$126,602
$852,193
$22,720
$553,101
$5,579
$229,006
$734
$41,053
$1,113,916
$41,209
$566,277
$3,513
$502,917
$6,171,872
$9,264
$1,125,908
19
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FY 2023
FY 2021 Final FY 2022 President's
Actuals Annualized CR Budget
State and Tribal Assistance Grants $3,951,186 $3,741,148 $4,951,583
Water Infrastructure Finance and
Innovation Fund $84,617 $68,919 $85,117
Deepwater Horizon Natural Resource
Damage Assessment $26 $0 $0
UIC Injection Well Permit BLM $15 jq $0
Safeguard and Revitalize Communities $1,900,731 $1,788,656 $1,836,960
Science & Technology $61,853 $68,560 $73,285
Environmental Programs & Management $242,977 $280,016 $327,556
Building and Facilities $14,934 $14,865 $13,634
Inland Oil Spill Programs $20,143 $20,978 $26,410
Hazardous Substance Superfund $1,124,550 $1,010,060 $932,119
Leaking Underground Storage Tanks $97 947 $97 ^4 $99 759
State and Tribal Assistance Grants
$316,674 $296,994 $364,206
Hazardous Waste Electronic Manifest
System Fund $21,652 $0 $0
Ensure Safety of Chemicals for People and the
Environment $388,626 $399,652 $517,332
Science & Technology $8,546 $10,162 $9,857
Environmental Programs & Management $333 495 $345 594 $447 834
State and Tribal Assistance Grants $46,038 $43,886 $59,641
Pesticide Registration Fund $547 $0
Sub-Total
Cancellation of Funds
$9,378,522 $9,265,144 $11,880,841
$0 -$27,991 $0
TOTAL, EPA $9,378,522 $9,237,153 $11,880,841
20
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
GOAL, APPROPRIATION SUMMARY
Authorized Full-time Equivalents (FTE)
Tackle the Climate Crisis
Science & Technology
Environmental Programs & Management
State and Tribal Assistance Grants
Take Decisive Action to Advance
Environmental Justice and Civil Rights
Environmental Programs & Management
Hazardous Substance Superfund
State and Tribal Assistance Grants
Enforce Environmental Laws and Ensure
Compliance
Science & Technology
Environmental Programs & Management
Inland Oil Spill Programs
Hazardous Substance Superfund
Leaking Underground Storage Tanks
State and Tribal Assistance Grants
Rereg. & Exped. Proc. Rev Fund
Ensure Clean and Healthy Air for All
Communities
Science & Technology
Environmental Programs & Management
Hazardous Substance Superfund
State and Tribal Assistance Grants
Ensure Clean and Safe Water for All
Communities
Science & Technology
Environmental Programs & Management
State and Tribal Assistance Grants
FY 2021 Final
Actuals
1,184.6
442.2
659.6
82.8
598.2
490.8
4.1
103.3
2,925.1
66.2
1,922.8
14.0
890.8
3.2
25.3
2.8
1,670.4
78.8
1,353.6
12.7
225.4
2,842.1
25.1
2,037.8
722.2
FY 2022
Annualized CR
1,198.3
443.4
673.8
81.2
616.2
515.4
4.3
96.5
3.021.3
76.3
1,972.0
14.8
931.7
3.4
23.1
0.0
1.665.4
79.2
1,362.8
11.9
211.6
2,828.8
25.0
2,088.4
673.7
FY 2023
President's
Budget
1,376.1
509.9
766.5
99.7
947.9
832.3
9.5
106.2
3,219.3
77.3
2,148.6
16.0
952.6
3.4
21.4
0.0
1,988.9
96.6
1,672.3
14.7
205.3
3,205.0
28.9
2,244.8
877.0
21
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FY 2023
FY 2021 Final FY 2022 President's
Actuals Annualized CR Budget
Water Infrastructure Finance and
Innovation Fund 50 3 418 54 3
Deepwater Horizon Natural Resource
Damage Assessment 43 q 0 0 0
UIC Injection Well Permit BLM 2 4 0 0 0 0
Safeguard and Revitalize Communities 3 335 g 3 337 5 3 553 |
Science & Technology 156 7 158 0 165.5
Environmental Programs & Management \ 029 l l 064 6 1 212 8
Building and Facilities 20 8 190 159
Inland Oil Spill Programs 82 8 89 8 107 4
Hazardous Substance Superfund j §59 7 1 766 9 1 803 7
Leaking Underground Storage Tanks 53 5 55 9 55 3
State and Tribal Assistance Grants jgj 2 152 1 166 2
Hazardous Waste Electronic Manifest
System Fund 117 110 11.0
WCF-Reimbursable
State and Tribal Assistance Grants
9.2 9.2 9.2
Ensure Safety of Chemicals for People and the
Environment 1,665.9 1,629.7 1,908.7
Science & Technology 27 8 29 2 28 3
Environmental Programs & Management \ 340 q 1 431 0 1 706 6
37.9 34.2 38.5
Rereg. & Exped. Proc. Rev Fund 185 1 1353 1353
Pesticide Registration Fund 75 2 0 0 0 0
Sub-Total
14,272.1 14,297.3 16,204.1
TOTAL, EPA 14,272.1 14,297.3 16,204.1
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Tackle the Climate Crisis
Goal 1: Tackle the Climate Crisis—Cut pollution that causes climate change and increase the
adaptive capacity of Tribes, states, territories, and communities.
STRATEGIC OBJECTIVES:
• Objective 1.1: Reduce Emissions that Cause Climate Change—Aggressively reduce the
emissions of greenhouse gases from all sectors while increasing energy and resource
efficiency and the use of renewable energy.
• Objective 1.2: Accelerate Resilience and Adaptation to Climate Change Impacts—Deliver
targeted assistance to increase the resilience of Tribes, states, territories, and communities
to the impacts of climate change.
• Objective 1.3: Advance International and Subnational Climate Efforts—Collaborate with
Tribal, state, local, and international partners and provide leadership on the global stage to
address climate change.
GOAL, OBJECTIVE SUMMARY
Budget Authority
Full-time Equivalents
(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
Tackle the Climate Crisis
$501,653
$541,168
$773,133
$231,965
Reduce Emissions that Cause
Climate Change
$393,819
$425,556
$602,559
$177,004
Accelerate Resilience and
Adaptation to Climate Change
Impacts
$50,941
$54,855
$97,228
$42,373
Advance International and
Subnational Climate Efforts
$56,893
$60,757
$73,345
$12,588
Total Authorized Workyears
1,184.6
1,198.3
1,376.1
177.7
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Goal 1: Tackle the Climate Crisis
Cut pollution that causes climate change and increase the adaptive capacity of Tribes, states,
territories, and communities.
Introduction
The impacts of climate change are affecting people in every region of the country, threatening
lives and livelihoods and damaging infrastructure, ecosystems, and social systems in communities
across the Nation. Recent years have seen record-breaking, climate-related weather extremes;
worsening droughts, flooding, and wildfires; rising surface, atmospheric, and oceanic
temperatures; melting glaciers; diminishing snow cover; shrinking sea ice; rising sea levels;
acidifying oceans; and increasing atmospheric water vapor. Certain communities and individuals
are particularly vulnerable to these impacts, including low-income communities and communities
of color, children, the elderly, Tribes, and indigenous people. Climate change also can exacerbate
existing pollution problems and environmental stressors.
Climate change and its impacts challenge EPA's ability to accomplish its mission of protecting
human health and the environment. EPA is taking the actions necessary to ensure it continues to
fulfill its mission even as the climate changes. EPA is working with other federal agencies to
reduce greenhouse gas (GHG) emissions and increase the climate resilience of the Nation, with a
particular focus on advancing environmental justice (EJ). Climate change is a global issue, and
domestic action must go hand in hand with international leadership. EPA will continue to extend
its expertise internationally, while learning from the expertise of others, to help shape and advance
international agreements and solutions.
In FY 2023, EPA will drive reductions in emissions that significantly contribute to climate change
through regulations on GHGs, climate partnership programs, and support to Tribal, state, and local
governments. In addition, the Agency will ensure its programs, policies, regulations, enforcement
and compliance assurance activities, and internal business operations consider current and future
impacts of climate change and how those impacts disproportionately affect certain communities.
EPA will consult and partner with Tribes, states, territories, local governments and communities,
businesses, and other federal agencies to strengthen adaptive capacity and increase resilience. By
engaging with organizations representing overburdened and underserved communities, EPA will
ensure its GHG mitigation and adaptation activities support EJ and equity. Finally, EPA plans to
implement international climate engagements that result in an individual partner commitment or
action to reduce GHG emissions, adapt to climate change, and improve resilience in a manner that
promotes equity. The FY 2023 Budget includes $773.1 million and 1,376.1 FTEfor Goal 1: Tackle
the Climate Crisis.
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Goal 1, Tackle the Climate Crisis is directly supported by the following FY 2022 - 2023 Agency
Priority Goal:
• Phase down the production and consumption of hydrofluorocarbons (HFCs). By
September 30, 2023, annual U.S. consumption of HFCs will be 10% below the baseline18
of 303.9 million metric tons of carbon dioxide equivalent (MMTCChe) consistent with the
HFC phasedown schedule in the American Innovation and Manufacturing (AIM) Act and
codified in the implementing regulations. A 10% reduction would decrease the U.S.
consumption limit to less than 273.5 MMTCChe in 2023.
Objective 1.1: Reduce Emissions that Cause Climate Change - Aggressively reduce the
emissions of greenhouse gases from all sectors while increasing energy and resource efficiency
and the use of renewable energy.
Obj ective 1.1, Reduce Emissions that Cause Climate Change is directly supported by the following
long-term performance goals in the FY 2022 - 2026 EPA Strategic Plan:
• By September 30, 2026, promulgate final rules to reduce greenhouse gas (GHG) emissions
from light duty, medium-duty, and heavy-duty vehicles; electric utility generating units;
and the oil and gas industry.
• By September 30, 2026, EPA's climate partnership programs will reduce expected annual
greenhouse gas (GHG) emissions by 545 million metric tons of carbon dioxide equivalent
(MMTCChe). EPA's climate partnership programs reduced 518.6 MMTCChe of annual
GHG emissions in 2019.
In FY 2023, EPA will drive significant reductions in the emissions that cause climate change
through developing regulations on GHGs; climate partnership programs such as ENERGY STAR;
support for Tribal, state, and local governments; and publication of GHG emissions data. An
investment of an additional $100 million in grants to Tribes and states will support on-the-ground
efforts to reduce methane emissions and increase resiliency in the Nation's infrastructure. EPA
regulations will cut GHG pollutants, including carbon dioxide (CO2), methane, and
hydrofluorocarbons (HFCs). EPA will collaborate closely with stakeholders to promote energy
efficiency, renewable energy, and decarbonization of the Nation's electric grid. By continuing the
transition away from reliance on high-emitting fossil fuels, EPA programs will cut GHG emissions
from cars, trucks, homes, and businesses. In the FY 2023 Budget, $135.4 million and 236.9 FTE
are provided to the Climate Protection Program to advance this critical work.
18 EPA's final rule, "Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the
AIM Act" establishes the HFC production and consumption baselines from which the phasedown steps are measured. Using the
equation provided in the AIM Act and based on the data available to the Agency through the Greenhouse Gas Reporting Program
(GHGRP) and outreach conducted for this rulemaking, EPA determined that the production baseline is 382.6 million metric tons
of exchange value equivalent (MMTEVe) and the consumption baseline is 303.9 MMTEVe. EPA has determined that the exchange
values included in subsection (c) of the AIM Act are identical to the GWPs included in IPCC (2007). Therefore, one million metric
tons of carbon dioxide equivalent (MMTC02e) is numerically equivalent to one MMTEVe. EPA is using the measurement
MMTC02e in this document since the public is more familiar with this term than MMTEVe. For more information, see:
https://www.epa.gov/cliiiiate-hfcs-reduction/fiiial-rule-pliasedowa-hydrofluorocarbons-establishiiig-allowance-allocation.
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In FY 2023 and beyond, EPA regulations will reduce the emissions of GHGs from mobile and
stationary sources and phase down HFCs, which are highly potent GHGs. Under the AIM Act of
2020, EPA will phase down the production and import of HFCs, which are commonly used in
refrigerators, air conditioners, and many other applications. The AIM Act directs EPA to sharply
reduce production and consumption of these harmful GHG pollutants by using an allowance
allocation and trading program. This phasedown will decrease the production and import of HFCs
in the U. S. by 85 percent over the next 15 years. A global HFC phasedown is expected to avoid
up to 0.5°C of global warming by 2100. An additional $35 million and 28 FTE is provided for
regulatory and collaborative enforcement and compliance assurance efforts as required by the AIM
Act to facilitate these next phasedown stages for HFCs.
EPA will set robust federal GHG emissions standards for passenger cars and light trucks to secure
pollution reductions through Model Year (MY) 2026. EPA also will set standards for MY 2027
and beyond, to speed the transition of the light-duty vehicle fleet toward a zero emissions future,
and update air pollution standards for heavy-duty vehicles. In FY 2023, EPA also will implement
a substantially expanded "Phase 2" of the heavy-duty vehicle and engine GHG program. EPA will
ensure additional GHG and air quality benefits by testing vehicles, engines, and fuels to certify
that they comply with federal clean air, GHG, and fuel economy standards.
In meeting the requirements of Executive Order 13990: Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis19 and as part of the
Administration's comprehensive approach to tackling the climate crisis, EPA will issue rules to
reduce CO2 and methane from power plants and oil and gas facilities. These rules will be informed
by robust engagement with Tribes, states, communities, and regulated entities and by any guidance
from the judiciary.
Through voluntary partnership programs, EPA will work to incentivize energy efficiency and
further decarbonize the transportation, power generation, industrial, and building sectors. Some
examples of these programs include ENERGY STAR, Green Power Partnership, Natural Gas
STAR, AgSTAR, GreenChill, and SmartWay. In FY 2023, EPA will continue to implement these
climate partnership programs to improve delivery of energy efficiency, clean energy, and heat
mitigation solutions to historically underserved and overburdened communities. EPA also will
continue domestic programs and international collaboration to reduce exposures to harmful
emissions from cookstoves.
EPA will facilitate net emission and air quality analyses of increased electric vehicle (EV) use and
work with other federal agencies to promote more sustainable and resilient communities. In FY
2023, this includes identifying and pursuing opportunities to reduce barriers to deploying EV
charging infrastructure and working with Tribes, states, and communities to ensure equitable
distribution and thoughtful community integration of charging infrastructure, including for electric
buses and delivery and rideshare vehicles.
19 Executive Order 13990: Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis
(January 20,2021): https://www.whitehouse.gOv/briefing-room/presideiitial-actioiis/2021/01/20/executive-order-protectiiig-
public-health-and-environment-and-restoring-science-to-tackle-climate-crisis/.
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EPA will continue to implement the U.S. GHG Reporting Program, which collects and publishes
data from more than 8,100 facilities from 41 large industrial source categories in the United States.
EPA will improve models of climate change impacts, including how risks and economic impacts
can be reduced under mitigation and adaptation scenarios. EPA also will continue to make the
Climate Change Indicators website more accessible through enhanced visualization.
In FY 2023, EPA will work to complete the annual Inventory of U.S. Greenhouse Emissions and
Sinks. Focus areas will include continued improvements to inventory methodologies in areas such
as oil and gas, land-use, and waste, consistent with Intergovernmental Panel on Climate Change
(IPCC) guidelines, and to meet upcoming Paris reporting requirements. EPA also will create a new
GHG emission calculator, linked to Portfolio Manager, to develop building GHG inventories that
fully comply with accounting protocols and local mandates. The Budget includes $602.2 million
and 923.1 FTE to support Obj ective 1.1.
Objective 1.2: Accelerate Resilience and Adaptation to Climate Change Impacts - Deliver
targeted assistance to increase the resilience of Tribes, states, territories, and communities to the
impacts of climate change.
Objective 1.2, Accelerate Resilience and Adaptation to Climate Change Impacts is directly
supported by the following long-term performance goals in the FY 2022 - 2026 EPA Strategic
Plan:
• By September 30, 2026, implement all priority actions in EPA's Climate Adaptation
Action Plan and the 20 National Program and Regional Climate Adaptation
Implementation Plans to account for the impacts of the changing climate on human health
and the environment.20
• By September 30, 2026, assist at least 400 federally recognized Tribes to take action to
anticipate, prepare for, adapt to, or recover from the impacts of climate change.
• By September 30, 2026, assist at least 450 states, territories, local governments, and
communities, especially communities that are underserved and disproportionately at risk
from climate change, to take action to anticipate, prepare for, adapt to, or recover from the
impacts of climate change.
EPA will take necessary actions to anticipate, prepare for, and adapt to the impacts of climate
change through supporting the development of climate adaptation strategies at the local level while
advancing the climate resilience of Tribes, states, territories, local governments, and communities
across the Nation. The goal is to ensure EPA continues to fulfill its mission of protecting human
health and the environment even as the climate changes and disruptive impacts increase. EPA will
actively engage organizations representing overburdened and underserved communities that are
more vulnerable to climate impacts to ensure the Agency's adaptation plans reflect the principles
of EJ and equity. EPA's commitments are part of a whole-of-government approach to pursue
actions at home and abroad to avoid the most catastrophic impacts of climate change. In addition,
EPA will lead through example and prioritize climate resiliency investments across EPA-owned
20 These plans are available at: https://www.epa.gov/climate-adaptation/climate-adaptation-plan.
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facilities. EPA will conduct climate resiliency assessments at five EPA-owned facilities and
initiate work on the project within the first year. In FY 2023, EPA will invest $35 million and 10
FTE to pursue aggressive energy, water, and building infrastructure improvements to advance the
Agency's use of carbon-pollution free electricity.
In FY 2023, EPA will continue to implement its 2021 Climate Adaptation Action Plan. It will
integrate climate adaptation planning into its programs, policies, rulemaking processes,
enforcement and compliance assurance activities, financial mechanisms, and operations to ensure
they are effective even as the climate changes. Each Program and Regional Office will implement
the individual actions identified in FY 2022 to address the five agency-wide priorities from the
2021 EPA Climate Adaptation Action Plan. The Program and Regional Offices strategies are
informed by the best available science and deliver co-benefits for mitigation of GHG and other
pollution, public health, economic growth and job creation, national security, and environmental
justice—all of which will be central to building a more resilient future.
In FY 2023, EPA will provide targeted assistance to Tribes and indigenous peoples, states,
territories, local governments, communities, and businesses to bolster these groups' climate
resilience efforts. The Agency will focus resources on communities with EJ concerns to develop
new strategies that strengthen adaptive capacity and increase climate resilience across the Nation.
The Agency will produce and deliver training, tools, technical assistance, financial incentives, and
information the Agency's partners indicate they need to adapt and increase resilience to climate
change. The Budget includes $97.2 million and 235.2 FTE to support Objective 1.2.
Objective 1.3: Advance International and Subnational Climate Efforts - Collaborate with
Tribal, state, local, and international partners and provide leadership on the global stage to
address climate change.
Objective 1.3, Advance International and Subnational Climate Efforts, is directly supported by
the following long-term performance goal in the FY 2022 - 2026 EPA Strategic Plan:
• By September 30, 2026, implement 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.
Climate change is a global issue that has far-reaching human health, social, economic, and
biodiversity impacts on our planet, with direct adverse effects in the United States. Climate change
is accelerating the frequency and severity of wildfires and extreme weather events such as
hurricanes, floods, heat waves, and drought. It also is altering sea temperature, ocean acidity, and
sea-level and other global systems that support human life and biodiversity. Climate change
impacts include famine, property loss, mass migrations, human conflict, species extinctions, and
ecosystem failures, with significant humanitarian and national security implications. Vulnerable
and underserved communities are especially affected. Therefore, EPA is prioritizing efforts to help
countries respond to the climate crisis as well as reduce domestic climate impacts. This will require
both significant short-term global reductions in GHG emissions and net-zero global emissions by
mid-century as well as increased and equitable adaptation and resiliency to climate change
impacts. Building on EPA's responsibilities for protection of human health and the environment,
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EPA plays a critical role internationally in providing technical expertise, guidance, and capacity
building to help countries set and meet ambitious GHG reductions, improve adaptive capacity, and
strengthen climate governance.
Executive Order (EO) 14008: Tackling the Climate Crisis at Home and Abroad21 specifically
directs federal agencies to develop plans for integrating climate considerations into their
international work, as appropriate and consistent with applicable law. The Order also describes the
policy of the Administration to support EJ and spur economic opportunity for communities that
have been historically marginalized and overburdened by pollution and underinvestment. This
objective supports EPA's role in fulfilling EO 14008 by drawing on EPA expertise to build
capacity so countries can set and meet ambitious GHG reduction commitments under the Paris
Agreement, while also building resilience to current and future climate impacts. EPA's long-term
aim by 2026 is to implement at least 40 international climate engagements that result in an
individual partner commitment or action to reduce GHG emissions, adapt to climate change, and/or
improve resilience in a manner that promotes equity. In FY 2023 the Budget provides $73.3 M to
advance climate efforts under Objective 1.3.
21 Executive Order 14008: Tackling the Climate Crisis at Home and Abroad (January 27, 2021):
https://www.whitehouse.gov/briefiiig-room/presideiitial-actioiis/2021/01/27/executive-order-oii-tackliiig-the-climate-crisis-at-
home-and-abroad/.
29
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Take Decisive Action to Advance Environmental Justice and Civil Rights
Goal 2: Take Decisive Action to Advance Environmental Justice and Civil Rights—Achieve
tangible progress for historically overburdened and underserved communities and ensure the fair
treatment and meaningful involvement of all people regardless of race, color, national origin, or
income in developing and implementing environmental laws, regulations, and policies.
STRATEGIC OBJECTIVES:
• Objective 2.1: Promote Environmental Justice and Civil Rights at the Federal, Tribal, State
and Local Levels—Empower and build capacity of underserved and overburdened
communities to protect human health and the environment.
• Objective 2.2: Embed Environmental Justice and Civil Rights into EPA's Programs,
Policies, and Activities—Integrate environmental justice and civil rights in all the
Agency's work to maximize benefits and minimize impacts to underserved and
overburdened communities.
• Objective 2.3: Strengthen Civil Rights Enforcement in Communities with Environmental
Justice Concerns—Strengthen enforcement of and compliance with civil rights laws to
address the legacy of pollution in overburdened communities.
GOAL, OBJECTIVE SUMMARY
Budget Authority
Full-time Equivalents
(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
Take Decisive Action to Advance
Environmental Justice and Civil
Rights
$237,375
$251,714
$615,435
$363,721
Promote Environmental Justice and
Civil Rights at the Federal, Tribal,
State and Local Levels
$129,289
$135,614
$164,581
$28,967
Embed Environmental Justice and
Civil Rights into EPA's Programs,
Policies, and Activities
$66,283
$70,494
$383,054
$312,560
30
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FY 2021
Final
Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Strengthen Civil Rights Enforcement
in Communities with Environmental
Justice Concerns
$41,803
$45,606
$67,801
$22,194
Total Authorized Workyears
598.2
616.2
947.9
331.7
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Goal 2: Take Decisive Action to Advance Environmental Justice and Civil Rights
Achieve tangible progress for historically overburdened and under served communities and
ensure the fair treatment and meaningful involvement of all people regardless of race, color,
national origin, or income in developing and implementing environmental laws, regulations, and
policies.
Introduction
EPA will center its mission on the integration of justice, equity, and civil rights across the Nation's
environmental protection enterprise. We will focus on all American communities, those within the
contiguous and non-contiguous states and all other territories and protectorates of the United
States. By doing so, EPA will advance the promise of clean air, clean water, and safe land to
communities across the country that have not fully benefitted from EPA's decades of progress.
Centering its work on justice is especially important in an era when EPA must simultaneously
break the cycle of historic environmental injustices while maximizing protection for these same
communities that are too often hit worst and first from the impacts of a changing climate. In the
FY 2022 - 2026 EPA Strategic Plan, EPA is adding "justice and equity" to the Agency's
fundamental principles", as originally articulated by Administrator William Ruckelshaus.
EPA's goal is to achieve measurable environmental, public health, and quality of life
improvements in the most overburdened, vulnerable, and underserved communities. Achieving
this goal will require significant transformation in how EPA understands and implements its work,
including how EPA prioritizes program resources, allocates funding, implements statutory
authorities, and engages the communities most affected by environmental and public health
threats, especially as the climate changes. Critical to achieving this goal is for EPA to proactively
engage with Tribes, states, and local governments to discuss and address disproportionate impacts
through their implementation of EPA authorities and engage in meaningful joint planning with
communities to advance community visions and priorities.
The vigorous enforcement of civil rights laws also is key to addressing historical and systemic
barriers and ensuring recipients of EPA funding make more responsible and equitable siting and
permitting decisions. EPA's work on environmental justice and civil rights enforcement will be a
success if it leads to reductions in longstanding racial and ethnic disparities such as in levels of air
pollutants and exposure to toxins; access to clean and reliable water infrastructure, free of lead and
other toxins; management of solid waste; and harmful exposures in communities near
contaminated sites.
EPA will work to increase its capacity to tackle environmental justice and civil rights issues and
embed consideration of these issues in its programs, policies and process, all with the goal of
improving outcomes in environmental and health conditions for communities with environmental
justice concerns. The FY 2023 Budget includes $615.4 million and 947.9 FTE to advance Goal 2,
Take Decisive Action to Advance Environmental Justice and Civil Rights.
22 Follow the science, follow the law, and be transparent, and the additional fourth principle: advance justice and equity.
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Goal 2, Take Decisive Action to Advance Environmental Justice and Civil Rights is directly
supported by the following FY 2022 - 2023 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.
Objective 2.1: Promote Environmental Justice and Civil Rights at the Federal, Tribal, State,
and Local Levels - Empower and build capacity of underserved and overburdened communities
to protect human health and the environment.
Objective 2.1, Promote Environmental Justice and Civil Rights at the Federal, Tribal, State, and
Local Levels is directly supported by the following long-term performance goals in the FY 2022
- 2026 Strategic Plan:
• By September 30, 2026, all EPA programs that seek feedback and comment from the public
will provide capacity-building resources to communities with environmental justice
concerns to support their ability to meaningfully engage and provide useful feedback to
those programs.23
• By September 30, 2026, include commitments to address disproportionate impacts in all
written agreements between EPA and Tribes and states (e.g., grant work plans)
implementing delegated authorities.24
• By September 30, 2026, EPA programs with direct implementation authority will take at
least 100 significant actions that will result in measurable improvements in Indian country.
• By September 30, 2026, all state recipients of EPA financial assistance will have
foundational civil rights programs in place.25
• By September 30, 2026, increase by 40% the number of Office of Research and
Development (ORD) activities related to environmental justice that involve or are
applicable to Tribes, states, territories, local governments, and communities.26
EPA has the potential to make transformative progress on environmental justice and civil rights at
the Tribal, state, and local levels through a whole-of-government approach that involves
23 First year activities of this LTPG will focus on definition and scope of program participation and what qualifies as capacity-
building resources.
24 First year activities of this LTPG will focus on definition and scope of written agreements and what qualifies as addressing
disproportionate impacts.
25 For reference only, and as an example from a smaller subset of state recipients - EPA's proactive initiative involving
foundational civil rights programs of state agencies in Regions 1,5, and 7, which consisted of 14 state agencies, the baseline from
the proactive initiative in FY 2020 was 6.5%.
26 Baseline to be developed in FY 2022.
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communities as authentic partners. In FY 2023, EPA will continue support for community-led
action at new levels by providing unprecedented investments and benefits directly to communities
with environmental justice concerns as well as by integrating equity throughout all Agency support
programs. EPA will ensure that all relevant programs are actively supporting community efforts
to engage and influence program implementation and maximize the benefits from the investment
of resources to achieve meaningful change on the ground for the most impacted communities.
Supporting communities as they adapt to and recover from climate change also is part of this
commitment.
Critical to EPA's success in advancing equity and justice is the responsibility to financially support
the efforts of community members and organizations that provide EPA with opportunities to learn
from and engage with their communities. To meet this responsibility, EPA commits to establishing
the necessary policy and procurement mechanisms so that every program and region is able to
financially compensate organizations and individuals who provide EPA with community
engagement, input, educational opportunities, and other forms of community expertise. In
addition, the Agency must take concrete action within EPA to include the voices, experiences, and
passions of the full diversity of the Nation, such as bringing in diverse students on paid internships,
fellowships, and clerkships.
In FY 2023, EPA national and regional offices will continue to work proactively to integrate
environmental justice and civil rights into policies and activities as a fundamental element of the
Agency's relationships with federal, state, and local partners to jointly achieve beneficial changes
on the ground for communities. EPA will invest in oversight, guidance, and assistance for states
and local governments to embed environmental justice into their programs and enhance civil rights
enforcement.
Equity principles and equal protection require that implementation of federal environmental law
protections be as robust inside Indian country as EPA requires these protections to be outside of
Indian country. EPA directly implements the majority of federal environmental programs in Indian
country where EPA seeks to apply key environmental justice principles, such as equity, meaningful
involvement, and fair treatment. In FY 2023, EPA will continue to ensure that direct
implementation activities are fully protective of communities and will advance environmental
justice for federally recognized Tribes in keeping with the federal trust responsibility.
EPA will continue in FY 2023 its longstanding commitment to assist Tribes in building the
capacity to receive delegated programs. In those instances when Tribal governments are authorized
to implement federal programs, EPA supports Tribal governments' inclusion of environmental
justice principles into their programs, community engagement, and decision-making processes.
Integration of environmental justice principles into all EPA activities with Tribal governments and
in Indian Country is designed to be flexible enough to accommodate EPA Tribal program activities
and goals, while meeting EPA environmental justice goals. The FY 2023 Budget includes $164.6
million and 251.1 FTE to advance Objective 2.1.
Objective 2.2: Embed Environmental Justice and Civil Rights in EPA Programs, Policies,
and Activities - Integrate environmental justice and civil rights in all the Agency's work to
maximize benefits and minimize impacts to underserved and overburdened communities.
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Objective 2.2, Embed Environmental Justice and Civil Rights in EPA Programs, Policies, and
Activities is directly supported by the following long-term performance goals in the FY 2022 -
2026 Strategic Plan:
• By September 30, 2026, reduce disparities in environmental and public health conditions
represented by the indicators identified through the FY 2022-2023 Agency Priority Goal.27
• By September 30, 2026, 80% of significant EPA actions with environmental justice
implications will clearly demonstrate how the action is responsive to environmental justice
concerns and reduces or addresses disproportionate impacts.28
• By September 30, 2026, all EPA programs that work in and with communities will 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.29
• By September 30, 2026, all EPA programs and regions will identify and implement areas
and opportunities to integrate environmental justice considerations and achieve civil rights
compliance in their planning, guidance, policy directives, monitoring, and review
activities.
• By September 30, 2026, all EPA programs and regions will implement program and region-
specific language assistance plans.
• By September 30, 2026, all EPA programs and regions will implement program and region-
specific disability access plans.
Commitments to achieving change on the ground and accountability for such change will be the
ultimate measure of the Agency's success at advancing environmental justice, civil rights, and
equity, including the implementation of EO 13985, Advancing Racial Equity and Support for
Under served Communities Through the Federal Government, andEO 14008, Tackling the Climate
Crisis at Home and A broad.30 These efforts include incorporating feedback from communities
with environmental justice concerns while analyzing and addressing disproportionate impacts.
EPA must not only better support community efforts to engage with the Agency but also advance
27 EPA will monitor progress through a holistic system that tracks the actions and responsibilities individual national programs
have identified to support reducing disparities through the implementation of their statutory authorities, coordinated efforts of
regulatory partners, support for community action, and other key actions.
28 First year activities of this LTPG will focus on definition and scope of significant EPA action and what qualifies as environmental
justice implications, responsiveness to community concerns, and addressing disproportionate impacts.
29 First year activities of this LTPG will focus on definition and scope of program participation and what qualifies as adoption of
the community-driven approach.
30 Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government (January 20, 2021): https://www.whitehouse.gov/briefiiig-rooiii/presidential-actions/2021/01/20/executive-order-
advancing-racial-equitv-and-support-for-underserved-communities-through-the-federal-govemment/.
Executive Order 14008: Tackling the Climate Crisis at Home and Abroad (January 27,2021):
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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the Agency's ability to engage in community-driven work through the regions and across all
programs. EPA must follow and implement the Civil Rights Act as equally as environmental
statutes.
In FY 2023, EPA will continue progress toward setting ambitious goals of achieving meaningful
change on the ground for communities with environmental justice concerns. To do so, EPA will
focus on working with programs and regions to set specific objectives, identifying data gaps,
building tracking systems, and putting in place any needed policy, guidance, or regulatory changes.
EPA also will ensure that Agency plans include responsibility and measurable accountability for
advancing environmental justice, including the annual performance plans of key political, senior
executive, and general schedule staff. Once these steps have been completed, EPA will develop
and commit to at least 10 measures of progress towards achieving meaningful outcomes on the
ground.
In FY 2023, EPA will establish policy to ensure that actions with major significance for
environmental justice and civil rights are responsive to the needs of communities, consider the
results of environmental justice analyses, and reflect recommendations from the National
Environmental Justice Advisory Council (NEJAC). EPA also will continue to ensure that all EPA
programs develop guidance on the use of environmental justice tools such as EJSCREEN to
support decision making.
In FY 2023, EPA will continue to leverage and coordinate its investments in communities and
collaborate with partners and other external stakeholders to advance comprehensive and strategic
community-driven approaches. EPA will increase the number of programs that have fully
integrated the key principles of community work into their program implementation and will
continue to build on the number of collaborative partnerships centered on community priorities.
EPA will continue to communicate requirements and expectations related to environmental justice
and civil rights to its employees through education, training, outreach, and technical assistance. In
particular, EPA will improve employees' awareness and understanding of civil rights enforcement
and strengthen intra-agency collaboration to identify whether recipient programs and activities are
abiding by civil rights laws or engaging in prohibited discrimination. The FY 2023 Budget includes
$383.1 million and 476.6 FTE to support Objective 2.2.
Objective 2.3 Strengthen Civil Rights Enforcement in Communities with Environmental
Justice Concerns - Strengthen enforcement of and compliance with civil rights laws to address
the legacy of pollution in overburdened communities.
Objective 2.3, Strengthen Civil Rights Enforcement in Communities with Environmental Justice
Concerns is directly supported by the following long-term performance goals in the FY 2022 -
2026 Strategic Plan:
• By September 30, 2026, initiate 45 proactive post-award civil rights compliance reviews
to address discrimination issues in environmentally overburdened and underserved
communities.31
31 For comparison, EPA did not initiate a civil rights compliance review in FY 2021.
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• By September 30, 2026, complete 305 audits to ensure EPA financial assistance recipients
are complying with nondiscrimination program procedural requirements.32
• By September 30, 2026, complete 84 information sharing sessions and outreach and
technical assistance events with overburdened and underserved communities and
environmental justice advocacy groups on civil rights and environmental justice issues.33
To address the legacy of pollution in overburdened communities that results from discriminatory
actions, whether direct or indirect, intentional or unintentional, EPA must use the full extent of its
authority and resources to enforce federal civil rights laws. EPA is required to enforce federal civil
rights laws that prohibit discrimination on the basis of race, color, national origin (including
limited English proficiency), disability, gender, and age, in programs or activities that receive
Agency financial assistance. To ensure EPA's financial assistance is not being used in a manner
that discriminates and subjects already overburdened communities to further harm, EPA must
support and promote a robust and mature external civil rights compliance program for execution
of EPA responsibilities and to provide a strong partner to its environmental justice program.
EPA's External Civil Rights Compliance Office (ECRCO) is committed to enforcing compliance
with federal civil rights laws to address historical and systemic barriers that contribute to the
environmental injustice, overburdening, and vulnerability of communities.
In FY 2023, ECRCO will take actions that will result in responsible and equitable siting and
permitting decisions by EPA financial assistance recipients that currently result in racially
disparate, adverse, and increased burdens and reduce racial and ethnic disparities in exposure to
pollutants and toxins, access to clean air and water, and critical health outcomes. EPA will increase
the number of affirmative compliance reviews targeting critical environmental health and quality
of life impacts in overburdened communities. The Agency will increase the number of guidances
issued and improve the effectiveness through corresponding technical assistance deliveries.
Further, EPA will increase the timeliness and effectiveness of complaint investigations and
resolutions.
In FY 2023, EPA will increase the number of meaningful engagements with overburdened
communities and environmental justice advocacy groups on civil rights and environmental justice
issues. The Budget includes $67.8 million and 220.2 FTE in support of Objective 2.3.
32 For comparison, EPA completed no such audits in FY 2021.
33 For comparison, EPA completed five such sessions and events in FY 2021.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Enforce Environmental Laws and Ensure Compliance
Goal 3: Enforce Environmental Laws and Ensure Compliance—Improve compliance with the
nation's environmental laws and hold violators accountable.
STRATEGIC OBJECTIVES:
• Obj ective 3.1: Hold Environmental Violators and Responsible Parties Accountable—Use
vigorous and targeted civil and criminal enforcement to ensure accountability for
violations and to clean up contamination.
• Objective 3.2: Detect Violations and Promote Compliance— Ensure high levels of
compliance with federal environmental laws and regulations through effective
compliance tools — including inspections, other monitoring activities, and technical
assistance supported by evidence and advanced technologies.
GOAL, OBJECTIVE SUMMARY
Budget Authority
Full-time Equivalents
(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
Enforce Environmental Laws and
Ensure Compliance
$695,737
$706,099
$852,193
$146,094
Hold Environmental Violators and
Responsible Parties Accountable
$484,168
$484,575
$568,735
$84,160
Detect Violations and Promote
Compliance
$211,568
$221,524
$283,458
$61,934
Total Authorized Workyears
2,925.1
3,021.3
3,219.3
198.1
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Goal 3: Enforce Environmental Laws and Ensure Compliance
Improve Compliance with the Nation's environmental laws and hold violators accountable.
Introduction
A robust compliance monitoring and enforcement program is necessary to ensure communities get
the environmental and human health benefits intended by environmental statutes and EPA's
regulations. EPA regulates more than 1.2 million facilities subject to a variety of environmental
statutes that protect human health and the environment. Likewise, EPA regulates a wide range of
products, from automobiles to pesticides. In FY 2023, EPA will continue to work cooperatively
with Tribes, states, and territories to improve compliance with environmental laws and statutes.
EPA will continue to collaborate with Tribes in Indian country, by both directly implementing
compliance monitoring and enforcement programs and supporting and overseeing Tribes'
implementation of approved programs. In FY 2023, EPA will provide $852.2 million and 3,219.4
FTE to strengthen compliance with the Nation's environmental laws and hold violators
accountable.
In FY 2023, EPA will collaborate with Tribes, states, and territories to focus federal enforcement
resources on the most serious environmental problems where noncompliance with environmental
statutes and regulations is a significant contributing factor and where federal enforcement can have
a significant impact on the Nation's air, water, and land. The Agency will continue to identify a
small number of key areas, called National Compliance Initiatives, where EPA focuses attention
on the most significant, widespread environmental problems.
In addition to other core work, EPA will focus on vulnerable communities and those facing
substantial burdens from environmental noncompliance. In these areas, EPA will seek to increase
inspections, prioritize enforcement cases, identify remedies with tangible benefits for impacted
communities, and increase engagement with communities about enforcement cases. In FY 2023,
EPA also will target compliance monitoring in communities with environmental justice concerns.
EPA will continue to initiate enforcement actions to protect against children's health hazards in
areas such as exposure to lead paint, the presence of lead and other contaminants in drinking water,
and particulate air emissions that aggravate asthma.
The Agency will address climate change by directing resources to ensure effective enforcement
responses for those sources with noncompliant emissions of greenhouse gases (GHGs) and
develop remedies that are consistent with GHG mitigation and climate resilience goals. In addition,
EPA will enforce against the illegal import, distribution, and use within the United States of
hydrofluorocarbons (HFCs), which are chemicals with potent global warming potential, and
pursue violators of the Renewable Fuel Standard.
EPA will continue implementing the Foundations for Evidence-Based Policymaking Act,34
coordinated by EPA's Evidence Act officials. The Agency will expand its evidence-based
compliance program through the continued development of OECA's compliance learning agenda,
which began in FY 2021. This effort will systematically identify the most important evidence the
34 Full-text of the Foundations for Evidence-Based Policymaking Act of 2018: https://www.congress.gov/bil1/115th-
congress/house-bill/41.74/text.
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Agency needs to gather and generate to advance its compliance goals, and ensure the Agency uses
high quality data and other information to inform policy and decision making.
Objective 3.1: Hold Environmental Violators and Responsible Parties Accountable - Use
vigorous and targeted civil and criminal enforcement to ensure accountability for violations and
to clean up contamination.
Objective 3.1, Hold Environmental Violators and Responsible Parties Accountable is directly
supported by the following long-term performance goal in the FY 2022 - 2026 Strategic Plan:
• By September 30, 2026, reduce to not more than 93 the number of open civil judicial cases
more than 2.5 years old without a complaint filed.35
Enforcement is essential to ensuring that everyone is protected by the Nation's environmental laws
and regulations. EPA strives to not only return violators to compliance but also obtain timely relief
needed to address the underlying causes of the violations, to prevent reoccurrence, and, in
appropriate cases, mitigate the harm to the communities impacted by noncompliance. EPA uses
Alternative Dispute Resolution (ADR), where appropriate, in the environmental enforcement
context.
Civil Enforcement
The overall goal of EPA's Civil Enforcement Program is to maximize compliance with the
Nation's environmental laws and regulations to protect human health and the environment. In FY
2023, EPA will encourage regulated entities to correct violations rapidly, ensure that violators do
not realize an economic benefit from noncompliance, pursue enforcement to deter future
violations, and continue to strengthen environmental partnerships with Tribes and states.
Resources will enhance EPA's ability to incorporate environmental justice and climate change
considerations into all phases of case development without displacing other important enforcement
and compliance assurance work. EPA also will pursue enforcement actions at federal facilities
where significant violations are discovered, ensure that federal facilities are held to the same
standards as the private sector, and provide technical and scientific support to Tribes, states, and
territories with authorized programs.
EPA has been working to improve the processes associated with enforcement actions to move
faster in protecting the environment. In FY 2021, EPA continued to reduce the number of all
referred no complaint filed (RNCF) civil judicial cases that are more than 2.5 years old by staying
below the target of 99 throughout the fiscal year (and well below the original baseline of 129
RNCF in 2018). EPA will continue to build upon this success to further improve upon our
accomplishments. EPA requests $213.2 million and 1,004.2 FTE for the Civil Enforcement
Program in FY 2023.
35 For comparison, there were 129 cases more than 2.5 years old without a complaint filed as of June 30, 2018. The number of
cases fluctuates and is therefore difficult to predict how many cases will "age in" in a given year. EPA reduces the number of older
cases using a number of different tools. For example, sometimes the United States government needs to file a complaint in order
to make progress in resolving a case; other times, it needs to drop a claim or shift its injunctive relief or penalty demand because
of litigation risk.
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Criminal Enforcement
EPA's Criminal Enforcement Program enforces the Nation's environmental laws through targeted
investigation of criminal conduct committed by individual and corporate defendants who threaten
public health and the environment. EPA's Criminal Enforcement Program plays a critical role
across the country supporting Tribes, states, and territories that may have limited capacity to
investigate and prosecute environmental crimes. As a result of the collaborative efforts with our
enforcement partners (including the U.S. Department of Justice), in FY 2021, the conviction rate
for criminal defendants was 95.9 percent. In FY 2023, the Agency requests $69.5 million and
291.0 FTE to support the Criminal Enforcement Program by targeting investigations on the most
egregious environmental cases.
Superfund Enforcement
Through the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA, or Superfund), EPA will facilitate prompt site cleanup. EPA uses an "enforcement
first" approach before turning to taxpayer dollars to fund cleanups, by maximizing Principal
Responsible Party (PRP) involvement at Superfund sites. The Superfund Enforcement Program
works to ensure that viable and liable PRPs pay to clean up sites and seeks to recover costs if EPA
expends Superfund-appropriated dollars to clean up sites. These enforcement efforts allow the
Trust Fund to be used at those sites that have no funding source other than appropriated resources
and have no other means of cleanup. Thus, Superfund enforcement helps to get Superfund sites
cleaned up in a timely manner in addition to getting more sites cleaned up than would be possible
using only government funds. In 2021, the Superfund Enforcement Program secured private party
commitments for cleanup and cost recovery and billed for oversight amounts totaling more than
$2.1 billion. The use of Superfund enforcement tools in 2021 resulted in cleanup and
redevelopment at 153 private-party sites. In FY 2023, EPA requests $166.5 million and 771.8 FTE
to support Superfund Enforcement and will focus its resources on the highest priority sites,
particularly those that may present an immediate risk to human health or the environment.
Objective 3.2: Detect Violations and Promote Compliance - Ensure high levels of compliance
with federal environmental laws and regulations through effective compliance tools - including
inspections, other monitoring activities, and technical assistance supported by evidence and
advanced technologies.
Objective 3.2, Detect Violations and Promote Compliance is directly supported by the following
long-term performance goals in the FY 2022 - 2026 Strategic Plan:
• By September 30, 2026, send 75% of EPA inspection reports to facilities within 70 days
of inspection.36
• By September 30, 2026, conduct 55% of annual EPA inspections at facilities that affect
communities with potential environmental justice concerns.37
36 For comparison, 46% of inspection reports were sent within 70 days of inspection at the end of FY 2018.
37 The baseline for this measure is 27% based on average of FY 2017 - FY 2019.
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Effective targeting of compliance monitoring, including inspections in communities with
environmental justice concerns, plays a critical role in achieving the goals EPA has set forth for
protecting health and the environment. Achieving high rates of compliance with environmental
laws and regulations requires the use of a wide range of compliance tools, including compliance
monitoring. Through its ongoing process of selecting National Compliance Initiatives in
collaboration with Tribes, states, and territories, EPA will focus its work on critical areas of
noncompliance.
EPA will continue to emphasize the importance of providing facilities with a completed inspection
report notifying the facility of any potential compliance issues. Providing these reports in a timely
manner allows the facility to address compliance issues more quickly, which would directly benefit
the communities affected by the environmental and human health impacts of the alleged violations.
In FY 2020, EPA increased the percentage of inspection reports provided to facilities within 70
days of inspection to 85 percent (from a baseline of 46 percent).
In FY 2023, EPA will continue to develop and implement a comprehensive action plan for
integrating environmental justice and climate change considerations throughout all aspects of the
Program. In addition to increasing the percentage of inspections impacting overburdened
communities, EPA will provide greater public access to compliance data to facilitate a
community's ability to better understand and manage risks. EPA will advance its efforts to address
climate change mitigation and adaptation issues through targeting of inspections, compliance
monitoring, and technical assistance directed to sources with the most potential for noncompliant
emissions of greenhouse gases which contribute to climate change.
EPA will further expand the Agency's Compliance Advisor Program (formerly called the Circuit
Rider Program), which reduces noncompliance at small public water systems (PWSs) and small
wastewater treatment facilities (WWTFs) by providing hands-on technical assistance. To date,
Compliance Advisors have provided support to approximately 165 small PWSs and 68 WWTFs
in under-resourced communities nationwide. Hundreds more small systems and facilities across
the Nation need technical support to help them achieve and stay in compliance and provide clean
and safe water to the communities they serve.
In FY 2023, EPA will continue its implementation of the Evidence Act by continuing its work on
the "Drinking Water Systems Out of Compliance" learning priority area of EPA's Learning
Agenda. EPA also will expand its ongoing work with Tribes, states, and academic experts to
develop and implement OECA's compliance learning agenda: prioritizing the most pressing
programmatic questions; planning evidence-based studies to address these questions; and
identifying effective and innovative approaches for improving compliance.
In FY 2023, EPA will continue the data system modernization effort to better support Tribes,
states, local governments, and the public's need for information with modernized technology and
it will implement EPA's enterprise-wide Digital Strategy with shared IT services. Modernization
will facilitate EPA's efforts to better target noncompliance that impacts overburdened and
vulnerable communities and will increase the availability of information about environmental
conditions in those communities and elsewhere.
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FY 2023 funding will allow EPA to expand software solutions for field inspectors to improve the
effectiveness and efficiency of compliance inspections conducted by EPA and authorized states.
Smart Tools software allows EPA to use its compliance monitoring resources more efficiently,
including documenting field inspections, preparing inspection reports, and monitoring for
noncompliance that affects overburdened and vulnerable communities or that has climate impacts.
It also allows EPA to make inspection reports more available to regulated entities and to the public
in affected communities.
Through the State Review Framework, EPA periodically reviews authorized state compliance
monitoring and enforcement programs for Clean Air Act Stationary Sources, Resource
Conservation and Recovery Act Hazardous Waste facilities, and the Clean Water Act National
Pollutant Discharge Elimination System dischargers. This review is conducted using criteria
agreed upon by states to evaluate performance against national compliance monitoring or
enforcement program standards. When states do not achieve standards, the Agency works with
them to make progress. However, EPA may take a lead implementation role when authorized states
have a documented history of failure to make progress toward meeting national standards. In total,
EPA provides $147.9 million and 463.4 FTE to detect violations and promote compliance with
environmental laws.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Ensure Clean and Healthy Air for All Communities
Goal 4: Ensure Clean and Healthy Air for All Communities—Protect human health and the
environment from the harmful effects of air pollution.
STRATEGIC OBJECTIVES:
• Objective 4.1: Improve Air Quality and Reduce Localized Pollution and Health Impacts—
Reduce air pollution on local, regional, and national scales to achieve healthy air quality
for people and the environment.
• Objective 4.2: Reduce Exposure to Radiation and Improve Indoor Air—Limit unnecessary
radiation exposure and achieve healthier indoor air quality, especially for vulnerable
populations.
GOAL, OBJECTIVE SUMMARY
Budget Authority
Full-time Equivalents
(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
Ensure Clean and Healthy Air for
All Communities
$694,283
$714,963
$1,113,916
$398,953
Improve Air Quality and Reduce
Localized Pollution and Health
Impacts
$606,907
$623,255
$988,626
$365,372
Reduce Exposure to Radiation and
Improve Indoor Air
$87,376
$91,708
$125,290
$33,581
Total Authorized Workyears
1,670.4
1,665.4
1,988.9
323.5
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Goal 4: Ensure Clean and Healthy Air for All Communities
Protect human health and the environment from the harmful effects of air pollution.
Introduction
All people regardless of race, color, national origin, or income deserve to breathe clean air outside
and indoors, and it is especially important to protect the health of vulnerable and sensitive
populations including children and persons adversely affected by persistent poverty or inequality.
Numerous scientific studies have linked air pollution and specific pollutants to a variety of health
problems and environmental impacts. Long-term exposure to elevated levels of certain air
pollutants is associated with increased risk of cancer, premature mortality, and damage to the
immune, neurological, reproductive, cardiovascular, and respiratory systems. Levels of air
pollutants linked to health impacts have continued to decline even as the economy has grown
significantly over the long term. Between 1970 and 2020, the combined emissions of six key
pollutants dropped by 78 percent, while the U.S. economy remained strong - growing 272 percent
over the same period. Yet poor air quality still affects millions of people across the country,
affecting near and long-term health and quality of life. EPA will continue to build on its historic
progress and work to assure clean air for all Americans, with a particular focus on those in
underserved and overburdened communities.
In FY 2023, EPA will ensure clean and healthy air for communities by reducing emissions of
ozone-forming pollutants, particulate matter, and air toxics. EPA also will work to address high-
risk indoor air quality pollutants in homes, schools, and workplaces. The Agency will rely on
proven approaches including regulatory tools, innovative market-based techniques, public and
private-sector partnerships, community-based approaches, technical assistance programs that
promote environmental stewardship, public education, and programs that encourage adoption of
cost-effective technologies and practices. Understanding that many sources of air pollutants also
are sources of greenhouse gases, the Agency will look to control strategies that can reduce both
air pollution and the impacts of climate change. In the FY 2023 Budget, $1,114 million and 1,988.9
FTE are allocated to advance EPA efforts in protecting human health and the environment from
the harmful effects of air pollution.
Objective 4.1: Improve Air Quality and Reduce Localized Pollution and Health Impacts -
Reduce air pollution on local, regional, and national scales to achieve healthy air quality for
people and the environment.
Obj ective 4.1, Improve Air Quality and Reduce Localized Pollution and Health Impacts is directly
supported by the following long-term performance goals in the FY 2022 - 2026 Strategic Plan:
• By September 30, 2026, ensure U.S. consumption of hydrochlorofluorocarbons (HCFCs)
is less than 76.2 tons per year of ozone depletion potential.38
• By September 30, 2026, reduce ozone season emissions of nitrogen oxides (NOx) from
electric power generation sources by 21% from the 2019 baseline of 390,354 tons.
38 The U.S. HCFC consumption baseline is 15,240 ODP-weighted metric tons effective as of January 1, 1996.
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• By September 30, 2026, improve measured air quality in counties not meeting the current
National Ambient Air Quality Standards (NAAQS) from the 2016 baseline by 10%.
• By September 30, 2026, strive to ensure all people with low socio-economic status (SES)
live in areas where the air quality meets the current fine particle pollution (PM2.5) National
Ambient Air Quality Standards (NAAQS).
In FY 2023, EPA will work collaboratively with Tribal and state air agencies to maintain and
improve the Nation's air quality. EPA will focus particularly on advancing environmental justice
by engaging with local communities that have been historically underserved on key activities
including technical assistance, regulation development, and financial assistance. In FY 2023,
$988.6 million and 1,636 FTE are allocated to advance efforts to improve air quality and reduce
localized pollution and health impacts across the country.
Taking into account the most current research health effects findings and changing conditions from
a warming climate, EPA will review the NAAQS and make revisions, as appropriate. Specifically,
the President directed EPA to review the 2020 Particulate Matter (PM) NAAQS and the 2020
Ozone NAAQS.39 EPA will work to improve air quality in areas not in attainment with the
NAAQS, including assisting Tribes and states in developing Clean Air Act (CAA)-compliant State
Implementation Plans (SIPs). EPA will continue reviewing regional haze SIPs, working closely
with states to improve visibility in the country's national parks and wilderness areas.
EPA will reduce air pollution by focusing on the transportation sector's largest contributors to criteria
pollutant and GHG emissions: light-duty vehicles (LDVs) and heavy-duty vehicles (HDVs). EPA
will continue to work to ensure that Clean Air Act requirements are met for new transportation
projects with heavy-duty diesel traffic, such that they do not worsen air quality near communities
with environmental justice concerns. The Agency will collaborate with a broad range of
stakeholders to develop targeted, sector-based, and place-based strategies for diesel fleets,
including school buses, ports, and other goods movement facilities.
In FY 2023, EPA will continue to operate nationwide and multi-state programs, such as the Acid
Rain Program and the Cross-State Air Pollution Rules, that address major global, national, and
regional air pollutants from the power sector and other large stationary sources. EPA also will
work on several regulatory actions related to criteria, air toxics, and GHG pollution from power
plants.
As part of a forward-looking air toxics strategy, EPA will address regulatory and emerging issues
and improve access to air toxics data. The Agency will share air toxics data faster and more
regularly with the public, allowing for increased transparency and the ability to see trends and risks
over time. EPA also will enhance risk assessment capabilities to better identify and determine the
impacts of exposures to air toxics on communities.
39 Executive Order 13990: Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis
(January 20,2021): https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-protecting-
public-health-and-environment-and-restoring-science-to-tackle-climate-crisis/.
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EPA will continue to protect and restore the stratospheric ozone layer by reducing the use,
emissions, import, and production of ozone-depleting substances (ODS) in the United States. By
2022, U.S. consumption of HCFCs, chemicals that deplete the Earth's protective ozone layer, will
be less than 76.2 tons per year of ozone depletion potential compared to the 2015-2019 target of
1,520 tons per year. Under the American Innovation and Manufacturing (AIM) Act, EPA will
continue to phase down the production and consumption of hydrofluorocarbons, review and list
alternatives that are safer for the ozone layer and facilitate the transition to next-generation
technologies.
EPA will seek to address air quality challenges presented by wildfires. Wildfire smoke can make
up approximately 30 percent of total PM2.5 emissions in some regions of the U.S., aggravating
heart and lung disease and causing premature death. In the FY 2023 Budget, EPA proposes
additional $12.7 million and 15.7 FTEto support work that will identify, predict, and communicate
where smoke events are occuring, especially for overburdened and underserved communities
where impact of wildfire issues has not been a priority.
The Agency will continue to develop and make available the necessary technical data and tools to
support air quality planning and environmental justice analyses, such as AirNow, the Air Quality
System, and the National Emissions Inventory. The Agency also will develop new and enhanced
applications of environmental justice analytics to inform how power sector rules can mitigate
impacts on overburdened communities. This effort will include modeling of power sector
emissions down to the county level as well as improved representation of fine particulate matter
that includes toxic heavy metals. EPA also will test, evaluate, and refine draft tools for
incorporating environmental justice considerations into EPA-issued permits and ensure
opportunities for meaningful public involvement in the permit process.
Objective 4.2: Reduce Exposure to Radiation and Improve Indoor Air - Limit unnecessary
radiation exposure and achieve healthier indoor air quality, especially for vulnerable populations.
Objective 4.2, Reduce Exposure to Radiation and Improve Indoor Air is directly supported by the
following long-term performance goal in the FY 2022 - 2026 Strategic Plan:
• By September 30, 2026, prevent 2,250 lung cancer deaths annually through lower radon
exposure as compared to the FY 2020 baseline of 1,684 prevented lung cancer deaths.
To improve indoor air and reduce exposure to radiation, EPA leads programs that educate the
public about radiation and indoor air quality concerns, including radon, asthma triggers, and poor
ventilation. These programs promote public action to reduce potential risks in homes, schools, and
workplaces. Because Americans spend most of their time indoors, where pollutant levels are often
significantly higher than outdoors, poor indoor air is a major health concern. For example, radon is
the second leading cause of lung cancer, responsible for 21,000 lung cancer deaths annually. As
another example, nearly 24 million Americans have asthma. Low-income, communities of color
suffer disproportionately from asthma. Indoor allergens and irritants play a significant role in
making asthma worse and triggering asthma attacks. These concerns have been heightened during
the past two years of the COVID pandemic, when people have had to spend more time indoors
and the importance of effective ventilation has been emphasized. To better address these human
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health risks from indoor air and radiation, $125.3 million and 353 FTE are provided in the FY
2023 Budget.
In FY 2023, EPA will continue programs to reduce exposures to radon through home testing and
mitigation, promote in-home asthma management, improve air quality in homes and schools, and
build capacity for Tribes and communities across the country to comprehensively address indoor
air risks.
To reduce the high public health risks from exposure to indoor radon, EPA will co-lead the
National Radon Action Plan (NRAP), a multisector public-private coalition committed to
eliminating avoidable radon-induced lung cancer in the United States and addressing radon as a
health equity challenge. EPA will continue to provide State Indoor Radon Grant funding and
technical assistance to Tribes and states, with a focus on increasing access to testing and mitigation
in underserved communities.
In-home asthma management is a critical component of asthma care, particularly in low-income
populations. EPA, in partnership with CDC and HUD through the Federal Asthma Disparities
Action Plan, will support state Medicaid Programs and private health plans to pay for in-home
asthma interventions through reimbursement mechanisms. In addition, EPA will reduce asthma
disparities for low-income people and communities of color by supporting public health and
housing organizations to train community health workers to deliver in-home asthma interventions
and care. In FY 2023, EPA is measuring delivery of technical assistance, tools, and grant support
to equip community-based programs and the organizations that support them to deliver evidence-
based, comprehensive asthma care.
EPA will continue to reduce indoor air quality risks in schools through the Indoor Air Quality
Tools for Schools Program. EPA will expand technical assistance to advance best indoor air quality
practices through ventilation improvements, operation and preventive maintenance, and
appropriate sanitation in school and childcare buildings. EPA also will update the
Indoor airPLUS new home construction specifications and expand the program to address indoor
air quality protections during home renovations and upgrades.
EPA will review and update the Federal Radiation Protection Guidance, currently based on
protecting an adult male, to include protection for all members of the U.S. population, with
particular emphasis on the most vulnerable. These updates will address considerations for all ages,
both sexes, and the increased sensitivity of pregnant women and children to radiation exposure. 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. EPA will
maintain personnel expertise, capabilities, and equipment readiness of the radiological emergency
response program under the National Response Framework and the National Contingency Plan,
including the Agency's Radiological Emergency Response Team. EPA will provide oversight of
the Waste Isolation Pilot Plant, including review of the Department of Energy's plans for
additional waste panels and surplus plutonium disposal, to ensure safe long-term disposal of
radioactive waste and the continued cleanup of nuclear weapons program legacy sites.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Ensure Clean and Safe Water for All Communities
Goal 5: Ensure Clean and Safe Water for All Communities—Provide clean and safe water for all
communities and protect our nation's waterbodies from degradation.
STRATEGIC OBJECTIVES:
• Objective 5.1: Ensure Safe Drinking Water and Reliable Water Infrastructure—Protect
public health from the risk of exposure to regulated and emerging contaminants in drinking
and source waters by improving the reliability, accessibility, and resilience of the nation's
water infrastructure to reduce the impacts of climate change, structural deterioration, and
cyber threats.
• Objective 5.2: Protect and Restore Waterbodies and Watersheds—Address sources of
water pollution and ensure water quality standards are protective of the health and needs
of all people and ecosystems.
GOAL, OBJECTIVE SUMMARY
Budget Authority
Full-time Equivalents
(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
Ensure Clean and Safe Water for
All Communities
$4,960,117
$4,862,891
$6,171,872
$1,308,981
Ensure Safe Drinking Water and
Reliable Water Infrastructure
$3,679,606
$3,497,574
$4,588,445
$1,090,870
Protect and Restore Waterbodies and
Watersheds
$1,280,510
$1,365,317
$1,583,428
$218,111
Total Authorized Workyears
2,842.1
2,828.8
3,205.0
376.2
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Goal 5: Ensure Clean and Safe Water for All Communities
Provide clean and safe water for all communities and protect our Nation's waterbodies from
degradation.
Introduction
Clean and safe water is a vital resource essential to the protection of human health and is a
foundation for supporting healthy communities and a thriving economy. EPA is committed to
ensuring clean and safe water for all, especially for overburdened and underserved communities
where adequate drinking and wastewater infrastructure has not been a priority. Great progress has
been made in the past 50 years protecting and restoring water resources through legislation such
as the Clean Water Act (CWA), Safe Drinking Water Act (SDWA), and Marine Protection,
Research and Sanctuaries Act (MPRSA). As of January 2022, nearly 93 percent of the population
served by community water systems receives water that meets all applicable health-based drinking
water standards. However, the Nation still faces significant barriers and challenges such as equity
in access to safe and clean water, aging infrastructure, legacy lead pipes, cybersecurity threats,
water pollution, climate change, and emerging contaminants of concern. These challenges are
distributed unequally, and tens of thousands of homes, primarily in Tribal communities and the
territories, lack access to basic sanitation and drinking water and experience higher pollution
levels.
In FY 2023, EPA will continue to work with its federal, Tribal, state, and nongovernmental
partners to advance science, to provide clean and safe water for all communities, and to protect
our Nation's waterbodies from degradation. The FY 2023 Budget includes $6,172 billion and
3,205 FTE for Goal 5, Ensure Clean and Safe Water for All Communities. This investment will
complement resources provided in a recently enacted bipartisan Infrastructure Investment and Jobs
Act of 2021 (IIJA) and expand the Agency' s capacity to protect human health and the environment
across the Nation.
Goal 5, Ensure Clean and Safe Water for All Communities is directly supported by the following
FY 2022 - 2023 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.40
Objective 5.1: Ensure Safe Drinking Water and Reliable Water Infrastructure - Protect
public health from the risk of exposure to regulated and emerging contaminants in drinking and
source waters by improving the reliability, accessibility, and resilience of the Nation's water
infrastructure to reduce the impacts of climate change, structural deterioration, and cyber threats.
40 This APG is implemented jointly with Goal 6.
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Obj ective 5.1, Ensure Safe Drinking Water and Reliable Water Infrastructure is directly supported
by the following long-term performance goals in the FY 2022 - 2026 EPA Strategic Plan:
• By September 30, 2026, reduce the number of community water systems still in
noncompliance with health-based standards since March 31, 2021, from 752 to 500.41
• By September 30, 2026, reduce the number of community water systems in Indian Country
still in noncompliance with health-based standards since March 31, 2021, from 110 to 70.
• By September 30, 2026, leverage an additional $45 billion in non-federal dollars through
EPA's water infrastructure finance programs (CWSRF, DWSRF, and WIFIA).42
• By September 30,2026, in coordination with other federal agencies, provide access to basic
sanitation for an additional 36,500 American Indian and Alaska Native homes.
• By September 30, 2026, provide 2,203 Tribal, small, rural, or underserved communities
with technical, managerial, or financial assistance to improve operations of their drinking
water or wastewater systems.
Safe and Reliable Water
Providing safe and reliable drinking and wastewater for all communities is a priority for EPA.
While significant progress has been made over the last 50 years, aging infrastructure, climate
change, cyber threats, and contaminants such as lead and per- and polyfluoroalkyl substances
(PFAS) in drinking water are creating new stresses on the Nation's water systems. In FY 2023,
EPA will work to address these challenges through approximately $4 billion in water infrastructure
spending. This includes $1,639 billion for the Clean Water State Revolving Fund (CWSRF)
Program, $1,126 billion for the Drinking Water State Revolving Fund (DWSRF) Program, and
$80.3 million for the Water Infrastructure Finance and Innovation Act (WIFIA) Program. Also
included is $1.2 billion for grant programs authorized in the America's Water Infrastructure Act
(AWIA) of 2018, the Water Infrastructure Improvements for the Nation Act of 2016 (WIIN), and
the Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA). In addition, working
collaboratively, EPA and the SRF Programs can make progress toward Justice40, which aims to
ensure that federal agencies deliver at least 40 percent of overall benefits of relevant federal
investments to overburdened and underserved communities. As of February 2022, EPA has closed
72 WIFIA loans totaling over $13 billion in credit assistance to help finance more than $28 billion
for water infrastructure projects. In FY 2023, EPA will use the SRF and WIFIA investments to
improve the reliability, accessibility, and resilience of the Nation's water infrastructure. These
programs are critical tools for EPA to accelerate water infrastructure investments by leveraging
public and private sources of funds, which will maximize the reach of federal funds.
41 This baseline is a subset of the 3,508 systems, including systems in Indian country, that have been in long-term noncompliance
since September 30, 2017. Technical assistance provided will focus on non-compliant water systems in underserved
communities.
42 The Agency will ensure a focus on climate resiliency and equity by revising loan guidelines, program guidance, and providing
technical assistance.
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In FY 2023, EPA requests $140.0 million and 547.2 FTE to support Drinking Water Programs to
better protect communities, especially overburdened and underserved communities. This includes
efforts to reduce exposure to lead in drinking water by developing a new Lead and Copper Rule
Improvements regulation. Resources also will support reducing public health and environmental
threats from PFAS by proposing new drinking water standards. The Agency also will continue to
support and upgrade management and reporting tools of the Safe Drinking Water Information
System (SDWIS), which contains information about public water systems and their violations of
EPA's drinking water regulations. EPA also will continue to coordinate and support protection of
the Nation's critical water infrastructure from terrorist threats and all-hazard events.
Cyberattacks can compromise the ability of water and wastewater utilities to provide clean and
safe water to customers, erode customer confidence, and result in financial and legal liabilities. In
FY 2023, EPA will leverage its role as the lead federal agency for cybersecurity in the water sector,
working with government partners to close vulnerabilities and mitigate risks to cyberthreats. EPA
requests $25 million to create a new grant program that helps water systems establish and build
the necessary cybersecurity infrastructure to address rising threats.
The IIJA of 2021 included DWWIA, which authorized a suite of water programs to help address
numerous drinking water and wastewater issues across the country. Implementation of DWWIA
will strengthen the federal government's ability to invest in water infrastructure in communities in
every state, so that all Americans can continue to have access to safe drinking water and our
Nation's waterways can remain clean and free from pollution. DWWIA strengthens many existing
programs within EPA while creating new programs to upgrade aging infrastructure, address the
threat of climate change, invest in new technologies, and provide assistance to underserved
communities. In FY 2023, EPA's request would fully fund new and existing grant programs
authorized by DWWIA in support of Objective 5.1.
Objective 5.2 Protect and Restore Waterbodies and Watersheds - Address sources of water
pollution and ensure water quality standards are protective of the health and needs of all people
and ecosystems.
The FY 2023 Budget includes $1.6 billion and 1,806 FTE for Objective 5.2.
Objective 5.2, Protect and Restore Waterbodies and Watersheds is directly supported by the
following long-term performance goal in the FY 2022 - 2026 EPA Strategic Plan:
• By September 30, 2026, increase by 41,000 square miles the area of watersheds with
surface water meeting standards that previously did not meet standards.43
Clean Waterbodies and Watersheds
Pollution and degradation of lakes, rivers, streams, and wetlands endanger aquatic ecosystems,
threaten the safety of drinking water, compromise water quality planning and flood protections,
impact commercial and recreational opportunities, and reduce the natural benefits these resources
43 Draft July 2021 baseline: 425,198 square miles of watersheds with surface water meeting standards and 652,609 square miles
of watersheds with surface water not meeting standards. Final baseline will be available the second half of FY 2022.
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provide to communities. Climate change is often the root cause of emerging threats such as
drought, sea level rise, and invasive species proliferation. To address these challenges, in FY 2023,
EPA will use a suite of CWA core programs to protect and improve water quality and ecosystem
health, including the development and implementation of Total Maximum Daily Loads (TMDLs),
alternative restoration plans, or other protection approaches for impaired waterbodies;
development of technology-based and water-quality based standards; and implementation of
effluent or stormwater discharge permit programs.
In addition to strengthening its programs, EPA plans to promulgate and update several rules to
support clean and safe water. The Agency also will produce effluent limitation guidelines for
chemical manufacturers and metal finishing companies to address PFAS, for steam electric power
generators to address toxics and other pollutants, and for meat and poultry products to address
nutrient discharges. The Agency will review rules related to improving CWA protections on Tribal
reservations and consider Tribal treaty rights when acting on state Water Quality Standards (WQS)
that impact those rights.
EPA also will work collaboratively with public and private sector stakeholders to establish
innovative, location-appropriate programs to protect and improve water quality. Additionally, in
FY 2023, EPA's requests fully funds new grant programs authorized by DWWIA in support of
Objective 5.2.
Ensuring clean water through partnerships, including with Tribes and states
EPA will work with partners and local communities to better safeguard human health and maintain,
restore, and improve water quality. In FY 2023, EPA requests $465.4 million for ongoing
categorical grants that support Tribal and state implementation of the CWA.
In FY 2023, funding will support the Agency's work assisting local communities, particularly
underserved communities, in their efforts to restore and protect the quality of their waters through
programs like the Urban Waters Program. The Marine Pollution Program aims to reduce litter in
our waterways and communities and improve trash capture activities across the country.
EPA plays an important role as a convener and facilitator with federal, Tribal, state, and local
partners to align resources and authorities within regional, watershed, and basin-scaled
collaborative networks. In FY 2023, EPA will invest $578.6 million and 139.2 FTE in Geographic
Programs to maintain, restore, and improve water quality for all communities to enjoy. More
specifically, EPA's Geographic Programs will deliver technical and financial assistance to solve
problems and support healthy climate resilient ecosystems that address water quality, water
infrastructure, nutrient pollution, habitat loss, treaty rights, equity, and environmental justice.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Safeguard and Revitalize Communities
Goal 6: Safeguard and Revitalize Communities—Restore land to safe and productive uses to
improve communities and protect public health.
STRATEGIC OBJECTIVES:
• Objective 6.1: Clean Up and Restore Land for Productive Uses and Healthy
Communities—Clean up and restore contaminated sites to protect human health and the
environment and build vibrant communities, especially in underserved and overburdened
areas.
• Objective 6.2: Reduce Waste and Prevent Environmental Contamination—Prevent
environmental pollution by preventing releases, reducing waste, increasing materials
recovery and recycling, and ensuring sustainable materials management practices.
• Objective 6.3: Prepare for and Respond to Environmental Emergencies—Prevent, prepare,
and respond to environmental emergencies and support other agencies on nationally
significant incidents, working with Tribes, states, and local planning and response
organizations.
GOAL, OBJECTIVE SUMMARY
Budget Authority
Full-time Equivalents
(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
Safeguard and Revitalize
Communities
$1,900,731
$1,788,656
$1,836,960
$48,304
Clean Up and Restore Land for
Productive Uses and Healthy
Communities
$1,406,085
$1,290,591
$1,260,347
-$30,243
Reduce Waste and Prevent
Environmental Contamination
$300,165
$290,314
$326,746
$36,432
Prepare for and Respond to
Environmental Emergencies
$194,481
$207,751
$249,867
$42,116
Total Authorized Workyears
3,385.8
3,337.5
3,558.1
220.7
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Goal 6: Safeguard and Revitalize Communities
Restore land to safe and productive uses to improve communities and protect public health.
Introduction
The EPA's mission is to protect human health and the environment. EPA collaborates with Tribal,
state, and local partners to improve the livelihood of all residents of the United States by cleaning
up and returning contaminated sites, including Superfund, brownfields, underground storage tanks,
and other waste sites, to productive use. Cleaning up contaminated land reduces the negative
environmental and health effects for neighboring communities and contributes toward the
Administration's Justice40 goal. EPA and its partners also work to prevent releases of
contaminants, reduce waste by increasing materials recovery and recycling, and support
sustainable materials management practices. Through prevention activities, EPA protects
groundwater from releases from underground storage tanks. Through reduction and recycling
activities, EPA not only prevents future contamination through diversion but supports a less
wasteful circular economy. Additionally, EPA prepares for and responds to environmental
emergencies as a mission essential function. In FY 2023, EPA requests a total of $1,837 billion
and 3,558.1 FTE for Goal 6, Safeguard and Revitalize Communities.
Goal 6, Safeguard and Revitalize Communities is directly supported by the following FY 2022 -
2023 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.44
Objective 6.1: Clean Up and Restore Land for Productive Uses and Healthy Communities -
Clean up and restore contaminated sites to protect human health and the environment and build
vibrant communities, especially in underserved and overburdened areas.
Objective 6.1, Clean Up and Restore Land for Productive Uses and Healthy Communities is
directly supported by the following long-term performance goals in the FY 2022 - 2026 EPA
Strategic Plan:
• By September 30, 2026, bring human exposures under control at an additional 60
Superfund sites.
• By September 30, 2026, complete 225 Superfund cleanup projects that address lead as a
contaminant.
• By September 30, 2026, clean up an additional 650 brownfields properties.
44 This APG is implemented jointly with Goal 5.
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• By September 30, 2026, make an additional 425 RCRA corrective action cleanups Ready
for Anticipated Use.
• By September 30, 2026, conduct an additional 35,000 cleanups at Leaking Underground
Storage Tank facilities.
Nationally, there are thousands of contaminated sites with challenging and complex environmental
problems, including soil, sediment, and groundwater contaminated by chemicals such as per- and
polyfluoroalkyl substances (PFAS). While there is no single way to characterize communities
located near contaminated sites, the legacy of pollution disproportionally affects communities of
color, low-income communities, linguistically isolated populations, and those without a high
school education. By cleaning up and returning contaminated land to productive use, EPA and its
partners will reduce the environmental and health effects of exposure to contamination in
communities, especially underserved and overburdened communities. In the FY 2023 Budget,
EPA requests $1,260 billion and 2,273.7 FTE for Objective 6.1 to Clean Up and Restore Landfor
Productive Uses and Healthy Communities.
In FY 2023, EPA will use appropriated funding to continue critical Superfund pre-construction
work such as site characterization, construction design, and community outreach/engagement,
which supports the Administration's Justice40 Initiative. This work will complement resources
received through the Infrastructure Investment and Jobs Act of 2021 (IIJA). Nationwide, EPA will
aim to control human exposures at 12 additional Superfund sites supporting the 2022-2026 long-
term performance goal of 60 sites. To reduce exposure to lead and associated health impacts, EPA
will complete at least 45 Superfund lead cleanup projects supporting the 2022-2026 long-term
performance goal of 225 projects. The FY 2023 Budget reduces funding for the Superfund
Remedial program below the current level; however, the $454.6 million provided in the FY 2023
Budget will be supplemented by available Superfund tax revenue that begins to be collected in FY
2022.
In the FY 2023 Budget, EPA requests $199.8 million and 250.7 FTE for the Superfund Emergency
Response and Removal Program. Situations requiring emergency response and removal actions
vary greatly in size, nature, and location, and include chemical releases, fires or explosions, natural
disasters, and other threats to people from exposure to hazardous substances. EPA's 24-hour-a-
day response capability is a cornerstone element of the National Contingency Plan.45 Funding for
this Program includes a total investment of $3 million and 6 FTE to advance cleanup through
removal actions at Navajo Nation abandoned uranium mine sites. These additional resources will
assist EPA and Navajo Nation to accelerate actions laid out in the 2020 Ten-Year Plan: Federal
Actions to Address Impacts of Uranium Contamination on the Navajo Nation 46
EPA will continue to oversee cleanups at Federal Facility Superfund sites and will work to keep
pace with the growing number of PFAS cleanups at Department of Defense (DoD), Department
of Energy and other federal agency sites. EPA is currently engaged at 96 Federal Facility National
Priority List (NPL) sites with PFAS detections, ensuring consistent and protective responses, and
45 For more information, please refer to: https://www.epa.gov/emergency-response/national-oil-and-hazardous-substances-
pollution-contingency-plan-ncp-overview.
46 https://www.epa.gov/sites/default/files/2021-02/documents/nnaum-ten-year-plan-2021-01.pdf
56
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DoD is expected to initiate approximately 50 additional PFAS investigations in FY 2023. The
Agency will leverage knowledge and best practices developed from Federal Facilities PFAS
investigations to aid PFAS cleanups across the country. The FY 2023 Budget Request includes a
total investment of $13.7 million and 3 FTE to enhance EPA's ability to oversee DoD PFAS
cleanup under CERCLA and to restore capacity in EPA's Federal Facility Restoration and Reuse
Program.
EPA will continue efforts to clean up 3,924 priority contaminated hazardous waste facilities (the
Corrective Action Progress Track) under RCRA, which include highly contaminated and
technically challenging sites, and assess 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 FY 2023, EPA will make an additional 100 sites RAU supporting the FY 2022-2026
long-term performance goal of making 425 sites RAU.
Under the Leaking Underground Storage Tank (LUST) Program, EPA provides funding to states
to address releases, including in groundwater,47 to ensure that petroleum contamination is properly
assessed and cleaned up. EPA collaborates 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 of2008 and the end of2021 (from 102,798 to 61,981).48
In FY 2023, funding for EPA's Brownfields Program will build on current work to revitalize
communities, especially those that are historically overburdened and underserved, by providing
financial and technical assistance to assess, clean up, and plan reuse at brownfields sites. In FY
2021, EPA leveraged $2.1 billion in cleanup and redevelopment funds and made 616 additional
brownfields sites RAU. The FY 2023 Budget Request includes an investment of $11.9 million and
60 FTE for community development specialists to manage land revitalization projects, provide
one-on-one financial planning support, and educate Tribal communities, rural communities and
communities with environmental justice concerns on how to address brownfields. Activities
undertaken in FY 2023 will leverage approximately 13,400 jobs and $2.6 billion in other funding
49
sources.
Objective 6.2: Reduce Waste and Prevent Environmental Contamination - Prevent
environmental pollution by preventing releases, reducing waste, increasing materials recovery,
and recycling, and ensuring sustainable materials management practices.
47 Almost half of the Nation's overall population and 99 percent of the population in rural areas rely on groundwater for drinking
water. (See EPA 2000 Water Quality Inventory Report, https://archive.epa.gov/water/archive/web/html/2000report index.html').
48 Please see EPA website: http://www.epa.gov/ust/ust-performance-measures.
49 U.S. EPA, Office of Land and Emergency Management Estimate. All estimates of outputs and outcomes are supported by the
data that is entered by cooperative agreement recipients via EPA's ACRES database.
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Objective 6.2, Reduce Waste and Prevent Environmental Contamination is directly supported by
the following long-term performance goal in the FY 2022 - 2026 EPA Strategic Plan:
• By September 30, 2026, increase the percentage of updated permits at RCRA facilities to
80% from the FY 2021 baseline of 72.7%.
Nationwide, EPA and its state partners strive to reach all permitting-related decisions in a timely
manner for the approximately 6,700 hazardous waste units (e.g., incinerators, landfills, and tanks)
located at 1,300 treatment, storage, and disposal permit facilities. The goal is to ensure that permits
reflect the latest technology and standards and remain protective under changing conditions, such
as climate change, and that communities, including those that are underserved and overburdened,
have an equitable opportunity to engage in the permitting process over time. To measure progress,
EPA has set an FY 2023 target of 100 permit renewals at hazardous waste facilities supporting the
FY 2022-2026 long-term performance goal. In FY 2023, $326.7 million and 650.8 FTE are
provided for Objective 6.2 to Reduce Waste and Prevent Environmental Contamination.
The FY 2023 Budget Request includes an additional $7 million and 28 FTE to build capacity to
implement various aspects of the coal combustion residuals (CCR) program. 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
implement these regulations. Additional regulations will be developed to expand the CCR
regulations to cover 'legacy' units which are not covered by existing regulations. EPA will
continue establishing a federal permit program and work with states that wish to establish state
CCR permit programs.
Through its National Recycling Strategy,50 EPA is working to develop a stronger, more resilient,
and cost-effective U.S. municipal solid waste recycling system. 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, designs out waste, and reduces greenhouse gas
emissions. Recycling helps alleviate burdens on populations that bear the brunt of poorly run waste
management facilities. In FY 2023, EPA will focus on efforts to strengthen the U.S. recycling
system, address the global issue of plastic waste, engage communities, and prevent and reduce
food loss and waste. EPA will work with industry, Tribes, state and local governments, non-profits,
communities, and other stakeholders to implement the voluntary actions identified in the National
Recycling Strategy and identify additional actions needed to support a circular economy.
To protect groundwater from releases of petroleum from underground storage tanks (UST), EPA
works with its Tribal and state partners on prevention. Major FY 2023 activities include inspecting
UST facilities to meet the three-year inspection requirement and assisting states in adopting
prevention measures such as delivery prohibition, secondary containment, and operator training.
EPA also will establish a targeted, national program to improve the compatibility of UST systems
with higher blends of ethanol, including El 5, in fenceline communities. These activities emphasize
bringing UST systems into compliance with release detection and release prevention requirements
and minimizing future releases. Due to the increased emphasis on inspections and release
50 The National Recycling Strategy is at: https://www.epa.gov/system/files/documeiits/2021-l l/final-national-recvcliiig-
strategy.pdf.
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prevention requirements, the number of confirmed releases has decreased from 6,847 in FY 2014
to 4,991 reported releases in FY 2021.
Objective 6.3: Prepare for and Respond to Environmental Emergencies - Prevent, prepare,
and respond to environmental emergencies and support other agencies on nationally significant
incidents, working with Tribes, states, and local planning and response organizations.
Objective 6.3, Prepare for and Respond to Environmental Emergencies, is directly supported by
the following long-term performance goal in the FY 2022 - 2026 EPA Strategic Plan:
• By September 30, 2026, ensure that 40% of annual emergency response and removal
exercises that EPA conducts or participates in incorporate environmental justice.
Environmental emergencies are growing in frequency and the risks they pose are increasing. EPA
strives to prevent such emergencies and be ready to respond to those that occur through the
Agency's planning and preparedness efforts, in coordination with and through the support of
partner organizations. EPA develops regulations and policies that aim to prevent environmental
emergencies and enhance the ability of communities and facilities to prepare for and respond to
emergencies that occur. EPA also prepares for the possibility of significant incidents by
maintaining a trained corps of federal On-Scene Coordinators, Special Teams, and Response
Support Corps, and by providing guidance and technical assistance to Tribal, state, and local
planning and response organizations to strengthen their preparedness. EPA carries out its
responsibility under multiple statutory authorities and the National Response Framework, which
provides the comprehensive federal structure for managing national emergencies. The FY 2023
Budget Request includes $249.9 million and 633.6 FTE for Objective 6.3 to Prepare for and
Respond to Environmental Emergencies.
In FY 2023, EPA will continue to chair the U.S. National Response Team51 and co-chair the 13
Regional Response Teams, which serve as multi-agency coordination groups supporting
emergency responders when convened as incident specific teams. EPA will participate in the
development of limited, scenario-specific exercises and regional drills designed to assess national
emergency response management capabilities. To measure progress, EPA has set an FY 2023
target of 21 percent for emergency response and removal exercises that EPA conducts or
participates in that incorporate environmental justice concerns. For example, EPA may include
entities with environmental justice concerns in the exercise or incorporate environmental justice
issues into the exercise scenarios, if it's not feasible to include participants. This supports the 2022-
2026 long-term performance goal of 40 percent.
EPA will inspect chemical facilities to prevent accidental releases. The FY 2023 Budget Request
includes $22.9 million and 93.1 FTE for this Program, including a total investment of $8.1 million
and 30 FTE to protect fenceline communities. The objective is to ensure compliance with accident
prevention and preparedness regulations and to work with chemical facilities to reduce chemical
risks and improve safety to populations, especially in fenceline communities. There are
approximately 12,000 chemical facilities that are subject to the Risk Management Plan (RMP)
regulations. Of these, approximately 1,800 facilities have been designated as high-risk based upon
51 For additional information, please refer to: fattps: //www, nil .org/.
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their accident history, quantity of on-site dangerous chemicals stored, and proximity to large
residential populations.52 EPA prioritizes inspections at high-risk facilities. Using the additional
funding and FTE provided for FY 2023, EPA will increase inspections and compliance assistance
at RMP and Emergency Planning and Community Right-to-Know Act (EPCRA)-regulated
facilities, checking measures to prevent chemical accidents. EPA will focus on high-risk facilities
located in communities with EJ concerns and communities with increased climate-related risks
(e.g., extreme weather, flooding, wildfires). In addition, EPA is developing a regulatory action to
revise the RMP regulations. The proposed rule would address the administration's priorities,
including consideration of communities with environmental justice concerns and those vulnerable
to climate risks, and focus on regulatory revisions completed since 2017. The proposed rule would
also consider stakeholder feedback received from RMP public listening sessions held in 2021.
In FY 2023, EPA will inspect oil facilities to ensure compliance with prevention and preparedness
requirements. Inspections involve reviewing the facility's prevention, preparedness, and response
plans and discussing key aspects of these plans with facility staff. EPA will increase inspections,
enforcement, and compliance assistance at regulated facilities, focusing on high-risk facilities
located in communities with EJ concerns and communities with increased climate-related risks.
EPA also will conduct unannounced exercises at facilities subject to Facility Response Plan
regulations, a subset of facilities identified as high risk due to their size and location, to test the
facility owner's ability to put preparedness and response plans into action. To advance this work
in FY 2023, $20.5 million and 85.6 FTE, including a total of $3.8 million and 15 FTE to protect
fenceline communities, are provided within the Budget.
52 Located in the EPA RMP database.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Ensure Safety of Chemicals for People and the Environment
Goal 7: Ensure Safety of Chemicals for People and the Environment—Increase the safety of
chemicals and pesticides and prevent pollution at the source.
STRATEGIC OBJECTIVES:
• Objective 7.1: Ensure Chemical and Pesticide Safety—Protect the health of families,
communities, and ecosystems from the risks posed by chemicals and pesticides.
• Objective 7.2: Promote Pollution Prevention—Encourage the adoption of pollution
prevention and other stewardship practices that conserve natural resources, mitigate
climate change, and promote environmental sustainability.
GOAL, OBJECTIVE SUMMARY
Budget Authority
Full-time Equivalents
(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
Ensure Safety of Chemicals for
People and the Environment
$388,626
$399,652
$517,332
$117,679
Ensure Chemical and Pesticide
Safety
$313,770
$319,009
$424,394
$105,385
Promote Pollution Prevention
$74,856
$80,644
$92,938
$12,294
Total Authorized Workyears
1,665.9
1,629.7
1,908.7
279.0
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Goal 7: Ensure Safety of Chemicals for People and the Environment
Increase the safety of chemicals and pesticides and prevent pollution at the source.
Introduction
EPA is responsible for ensuring the safety of chemicals and pesticides for people at all life stages
and the environment, improving access to chemical safety information, and preventing pollution
at the source before it occurs. The Agency focuses on assessing, preventing, and reducing releases
and exposures resulting from the manufacture, processing, use, and disposal of chemicals and
pesticides and advances the community's right-to-know about these releases and exposures. EPA
works to protect the most vulnerable populations from unsafe exposures, especially children, the
elderly, and those with environmental justice concerns (including low-income, minority and
indigenous populations) who may already be disproportionately harmed by and at risk from other
stressors. In addition, EPA works to ensure public access to chemical and pesticide data, analytical
tools, and other sources of information and expertise, and promotes source reduction, integrated
pest management, and other pollution prevention strategies by organizations and businesses. In
total, the FY 2023 Budget includes $517.3 million and 1,908.7 FTE for Goal 7: Ensure Safety of
Chemicals for People and the Environment.
In FY 2023, EPA's activities under this goal, as described below, will focus on
evaluating/assessing and managing risks from exposure to new and existing industrial chemicals;
continuing to address lead-based paint risks; reviewing and registering new pesticides and new
uses for existing pesticides; reducing occupational exposure to pesticides, particularly in
communities with environmental justice concerns; and addressing potential risks to threatened and
endangered species from pesticides. In addition, EPA will continue working with Tribes, state
agencies, industry, and communities to implement voluntary efforts to prevent pollution at the
source and continue to publish Toxics Release Inventory (TRI) data on chemical releases from
industrial facilities for public review and use.
Objective 7.1: Ensure Chemical and Pesticide Safety - Protect the health of families,
communities, and ecosystems from the risks posed by chemicals and pesticides.
The FY 2023 Budget includes $424.4 million and 1,652.5 FTE for Objective 7.1.
Objective 7.1, Ensure Chemical and Pesticide Safety is directly supported by the following long-
term performance goals in the FY 2022 - 2026 EPA Strategic Plan:
• By September 30, 2026, complete at least eight High Priority Substance (HPS) TSCA risk
evaluations annually within statutory timelines compared to the FY 2020 baseline of one.
• By September 30, 2026, initiate all TSCA risk management actions within 45 days of the
completion of a final existing chemical risk evaluation.
• By September 30, 2026, review 90% of risk mitigation requirements for past TSCA new
chemical substances decisions compared to the FY 2021 baseline of none.
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• By September 30, 2026, recertify before the expiration date 36% of lead-based paint
Renovation, Repair, and Painting (RRP) firms whose certifications are scheduled to expire
compared to the FY 2021 baseline of 32%.
• By September 30, 2026, complete 78 pesticide registration review cases with statutory due
dates that fall after October 1, 2022.
• By September 30, 2026, consider the effects determinations or protections of federally
threatened and endangered species for new active ingredients in 90% of the risk
assessments supporting pesticide registration decisions for new active ingredients
compared to the FY 2020 baseline of 50%.
• By September 30, 2026, consider the effects determinations or protections of federally
threatened and endangered species in 50% of the risk assessments supporting pesticide
registration review decisions compared to the FY 2020 baseline of 27%.
• By September 30, 2026, support Agricultural Worker Protection Standard (WPS) pesticide
safety training for 20,000 farmworkers annually compared to the FY 2018-2020 annual
average baseline of 11,000.
Toxic Substances Control Act (TSCA)
Under Section 5 of TSCA, EPA is responsible for reviewing all new chemical submissions before
they enter commerce to determine whether the chemicals may pose unreasonable risks to human
health or the environment.53 EPA will conduct risk assessments and make affirmative
determinations on risks for more than 500 new chemical notice and exemption
submissions annually. EPA also will continue to reduce exposures to lead in paint by establishing
standards for inspection, risk assessment, and abatement of lead-based paint hazards, along with
training and certification programs, among other efforts.
Under TSCA Section 6,54 EPA has responsibility for prioritizing and evaluating at least 20 existing
chemicals at a time, assessing additional chemicals at manufacturers' request, and managing
identified unreasonable risks. In FY 2023, EPA will continue developing draft and final risk
evaluations for High-Priority Chemicals and will develop risk management actions in response to
unreasonable human health and environmental risks identified in the risk evaluations.
Lead-Based Paint (LBP) Risk Reduction
Also under TSCA, EPA's Lead-Based Paint Risk Reduction Program contributes to the goal of
reducing lead exposure and works toward addressing historic and persistent disproportional
53 Actions under TSCA Section 5: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/actions-
under-tsca-section-5.
54 Regulation of Chemicals under Section 6(a) of the Toxic Substances Control Act: https://www.epa.gov/assessing-and-managing-
chemicals-under-tsca/regulation-chemicals-under-section-6a-toxic-substances.
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vulnerabilities of certain communities.55 56 In FY 2023, EPA will continue to reduce exposure to
lead in paint and dust by establishing standards governing lead hazard identification and abatement
practices; establishing and maintaining a national pool of certified firms and individuals; and
providing information and outreach to housing occupants and the public so they can make
informed decisions and take actions on lead hazards in their homes.
Pesticide Programs
In FY 2023, consistent with statutory responsibilities,57 58 59 EPA will continue to review and
register new pesticides and new uses for existing pesticides, and other covered applications under
the Pesticide Registration Improvement Extension Act (PRIA). EPA also will act on other
registration requests in accordance with Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and Federal Food, Drug, and Cosmetic Act (FFDCA) standards. Many of these
registration actions will be for reduced-risk conventional pesticides and biopesticides, which, once
registered and used by consumers, will increase benefits to society, including infants and children,
and reduce ecological impacts. Additionally, in FY 2023, EPA will continue to reevaluate existing
chemicals in the marketplace on a 15-year cycle to ensure the FIFRA standard for registration
continues to be met based on current science.
The Agricultural Worker Protection Standard (WPS)60 and the Certification of Pesticide
Applicators (CPA)61 revised rules (finalized in FY 2015 and FY 2017, respectively) are key
elements of EPA's strategy for reducing occupational exposure to pesticides. In FY 2023, EPA
will continue to support the implementation of the regulations through education and outreach,
guidance development, and grant programs, with a particular focus on environmental justice issues
in rural communities and the health of farmworkers and their families.
Under the Endangered Species Act (ESA),62 EPA is responsible for ensuring that pesticide
regulatory decisions will not destroy or adversely modify designated critical habitat or jeopardize
55 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, 201.9), found at:
https://www.epa.gov/americaschildrenenviromnent.
56 Among children ages 1 to 5 years in families with incomes below poverty level, the 95^ 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 95^ percentile BLL among all children ages 1 to 5 years was 2.5 |ig/dL. The 95^ 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 95^
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/americaschildrenenvironment.
57 Summary of Federal Insecticide, Fungicide, and Rodenticide Act: https://www.epa.gov/laws-regulations/summary-federal-
insecticide-fungicide-and-rodenticide-act.
Summary of the Federal Food, Drug, and Cosmetic Act: https://www.epa.gov/laws-regulations/summary-federal-food-drug-
and-cosmetic-act.
5® Pesticide Registration Improvement Extension Act of 2018 (PRIA 4): https://www.epa.gov/pria-fees.
Agricultural Worker Protection Standard: https://www.epa.gov/pesticide-worker-safety/agricultural-worker-protection-
standard-wps..
Revised Certification Standards for Pesticide Applicators: https://www.epa.gov/pesticide-worker-safety/revised-certification-
standards-pesticide-applicators.
® For additional information on the Endangered Species Protection Program, see: https://www.epa.gov/endaiigered-
species/about-endangered-species-protection-program.
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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). In FY 2023, EPA will assess in
its FIFRA registration and registration review regulatory determinations whether listed endangered
or threatened species or their designated critical habitat may be affected. Where risks are identified
in a biological evaluation, EPA will work with FWS and NMFS through a consultation63 process
to ensure these new or existing pesticide registrations also will meet the ESA standard.64 In FY
2023, EPA also will continue to develop processes to protect listed species earlier in the regulatory
and consultation processes and pursue other major improvements to its ESA compliance work in
coordination with the Services.
Objective 7.2: Promote Pollution Prevention - Encourage the adoption of pollution prevention
and other stewardship practices that conserve natural resources, mitigate climate change, and
promote environmental sustainability.
The FY 2023 Budget includes $92.9 million and 256.2 FTE for Objective 7.2.
Objective 7.2, Promote Pollution Prevention is directly supported by the following long-term
performance goals in the FY 2022 - 2026 EPA Strategic Plan:
• By September 30, 2026, reduce a total of 6 million metric tons of carbon dioxide equivalent
(MMTC02e) released attributed to EPA pollution prevention grants.
• By September 30, 2026, EPA's Safer Choice Program will certify a total of 2,300 products
compared to the FY 2021 baseline of 1,950 total certified products.
Pollution Prevention
EPA's implementation of the Pollution Prevention (P2) Program under the Pollution Prevention
Act of 199065 is one ofEPA's primary tools for advancing environmental stewardship and
sustainability by federal, Tribal, and state governments, businesses, communities, and individuals.
These practices focus on reducing the amount of any hazardous substance, pollutant, or
contaminant entering a waste stream or released into the environment prior to recycling of
discarded material, treatment, or disposal, as well as conserving the use of natural resources. P2
grants - a key element of the P2 Program - contributed to the elimination of 16.9 million metric
tons of greenhouse gases between 2011 and 201966. In FY 2023, EPA will continue its work to
prevent pollution at the source by awarding targeted P2 grants to Tribes, states, and local
governments, encouraging the use of products certified by EPA as safer for the environment,
encouraging federal procurement of environmentally preferable products, and enhancing the use
of Toxics Release Inventory (TRI) data to help prevent pollution and support the Administration's
environmental justice priorities.
63 For additional information, see: https://www.epa.gov/endaiigered-species/assessiiig-pesticides-uader-endangered-species-act.
64 For additional information on how EPA protects endangered species from pesticides, see: https://www.epa. gov/endangered-
species.
65 Summary of the Pollution Prevention Act: https://www.epa.gov/laws-regulations/summary-pollution-prevention-act.
66 Pollution Prevention flier: https://www.epa.gov/system/files/documents/2021-07/p2flier_2021 0.pdf.
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In FY 2023, EPA will focus on carrying out sector-focused P2 National Emphasis Areas67 and
enabling the replication and leveraging of business successes supported by the $5 million P2 grants
awarded annually. The Agency will customize, develop, and deliver training to identify and deploy
green chemistry and engineering solutions to companies, consumers, and communities. EPA also
will implement training and outreach for communities overburdened with pollution, as well as
Tribal, state, and local governments to help with product and service procurement choices that are
environmentally sound and promote human and environmental health.
In FY 2023, EPA plans to update and strengthen the standards of the Safer Choice (SC) Program,68
which advances chemical safety by increasing the availability and identification of products
containing ingredients that meet stringent health and environmental criteria, through a notice and
comment process after consultation with stakeholders. The Agency will conduct outreach with
federal, Tribal, state, and local government procurement officials and institutional and industrial
purchasers to communicate the benefits of SC and other environmentally preferable products, and
work to make SC-certified products more widely available to people of color and low-income
communities. EPA will partner with organizations serving communities with environmental
justice concerns to help custodial staff and house cleaning companies fight occupational exposure-
related conditions (e.g., asthma) and gain access to SC-certified products. EPA also will update
the Safer Chemical Ingredients List to enhance transparency and facilitate expansion of safer
chemical choices and products, including increasing the number and volume of SC-certified
products.69
Toxics Release Inventory (TRI)
The TRI Program provides data to support partnerships between community groups and companies
that has resulted in decreased air emissions.70 In FY 2023, EPA will continue research on tools
that can quickly and accurately identify vulnerable communities near TRI facilities, which would
support prioritization of P2 initiatives. In addition, in FY 2023, EPA will continue to publish the
TRI and use analyses of toxic chemical releases from industrial facilities located near communities
with environmental justice concerns to identify and develop sector specific P2 case studies, best
practices, outreach, and training. This will help facilitate adoption of P2 practices in the facilities
and in the communities themselves.
67 P2 National Emphasis Areas: https://www.epa.gov/p2/p2-national-emphasis-areas-neas.
68 For additional information on Safer Choice, see: https://www.epa.gov/saferchoice.
69 Safer Chemical Ingredients List: https://www.epa.gov/saferchoice/safer-ingredients.
70 TRI for Communities: https://www.epa.gov/toxics-release-iiiveiitoiy-tri-prograiii/tri-for-coiiiiiiunities.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Science and Technology
Program Projects in
S&T 70
Clean Air 72
Clean Air Allowance Trading Programs 73
Climate Protection 77
Federal Support for Air Quality Management 80
Federal Vehicle and Fuels Standards and Certification 83
Enforcement 92
Forensics Support 93
Homeland Security 96
Homeland Security: Critical Infrastructure Protection 97
Homeland Security: Preparedness, Response, and Recovery 105
Homeland Security: Protection of EPA Personnel and Infrastructure Ill
Indoor Air and Radiation 113
Indoor Air: Radon Program 114
Radiation: Protection 116
Radiation: Response Preparedness 118
Reduce Risks from Indoor Air 120
IT / Data Management / Security 122
IT / Data Management 123
Operations and Administration 126
Facilities Infrastructure and Operations 127
Pesticides Licensing 130
Pesticides: Protect Human Health from Pesticide Risk 131
Pesticides: Protect the Environment from Pesticide Risk 135
Pesticides: Realize the Value of Pesticide Availability 138
Research: Air, Climate and Energy 141
Research: Air, Climate and Energy 142
Research: Chemical Safety and Sustainability 148
Research: Chemical Safety for Sustainability 149
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Health and Environmental Risk Assessment 155
Research: Safe and Sustainable Water Resources 160
Research: Safe and Sustainable Water Resources 161
Research: Sustainable Communities 167
Research: Sustainable and Healthy Communities 168
Water: Human Health Protection 174
Drinking Water Programs 175
Congressional Priorities 178
Water Quality Research and Support Grants 179
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: Science & Technology
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
Science & Technology
Budget Authority
$626,895
$729,329
$864,155
$134,826
Total Workyears
2,039.2
1,987.7
2,190.9
203.2
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the
Superfund account.
Bill Language: Science & Technology
For science and technology, including research and development activities, which shall include
research and development activities under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs, for
executive oversight of regional laboratories, and travel expenses; procurement of laboratory
equipment and supplies; hire, maintenance, and operation of aircraft; and other operating
expenses in support of re- search and development,$863,155,000, to remain available until
September 30, 2024.
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 S&T
(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
Clean Air and Climate
Clean Air Allowance Trading
Programs
$4,809
$6,793
$8,800
$2,007
Climate Protection
$7,057
$7,895
$10,169
$2,274
Federal Support for Air Quality
Management
$8,661
$7,154
$10,420
$3,266
Federal Vehicle and Fuels Standards
and Certification
$87,233
$96,783
$152,209
$55,426
69
-------
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
Subtotal, Clean Air and Climate
$107,760
$118,625
$181,598
$62,973
Indoor Air and Radiation
Indoor Air: Radon Program
$112
$157
$157
$0
Radiation: Protection
$1,645
$1,735
$2,224
$489
Radiation: Response Preparedness
$3,063
$3,096
$4,383
$1,287
Reduce Risks from Indoor Air
$296
$161
$173
$12
Subtotal, Indoor Air and Radiation
$5,115
$5,149
$6,937
$1,788
Enforcement
Forensics Support
$11,761
$14,000
$15,532
$1,532
Homeland Security
Homeland Security: Critical
Infrastructure Protection
$9,653
$10,380
$14,526
$4,146
Homeland Security: Preparedness,
Response, and Recovery
$21,877
$24,852
$25,890
$1,038
Homeland Security: Protection of EPA
Personnel and Infrastructure
$500
$501
$501
$0
Subtotal, Homeland Security
$32,031
$35,733
$40,917
$5,184
IT / Data Management / Security
IT / Data Management
$2,782
$3,072
$3,195
$123
Operations and Administration
Facilities Infrastructure and Operations
$65,093
$67,500
$68,912
$1,412
Pesticides Licensing
Pesticides: Protect Human Health from
Pesticide Risk
$2,431
$2,803
$2,917
$114
Pesticides: Protect the Environment
from Pesticide Risk
$1,805
$2,207
$2,252
$45
Pesticides: Realize the Value of
Pesticide Availability
$645
$876
$984
$108
Subtotal, Pesticides Licensing
$4,881
$5,886
$6,153
$267
Research: Air, Climate and Energy
Research: Air, Climate and Energy
$76,733
$95,250
$132,924
$37,674
70
-------
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
Research: Safe and Sustainable Water
Resources
Research: Safe and Sustainable Water
Resources
$92,719
$112,250
$119,286
$7,036
Research: Sustainable Communities
Research: Sustainable and Healthy
Communities
$112,717
$133,000
$141,477
$8,477
Research: Chemical Safety for
Sustainability
Health and Environmental Risk
Assessment
$35,251
$37,482
$42,355
$4,873
Research: Chemical Safety for
Sustainability
Endocrine Disruptors
$13,859
$16,304
$17,095
$791
Computational Toxicology
$18,509
$21,487
$22,542
$1,055
Research: Chemical Safety for
Sustainability (other activities)
$43,598
$51,727
$58,456
$6,729
Subtotal, Research: Chemical Safety
for Sustainability
$75,966
$89,518
$98,093
$8,575
Subtotal, Research: Chemical Safety for
Sustainability
$111,217
$127,000
$140,448
$13,448
Ensure Safe Water
Drinking Water Programs
$4,088
$4,364
$6,776
$2,412
Clean and Safe Water Technical
Assistance Grants
Water Quality Research and Support
Grants
$0
$7,500
$0
-$7,500
TOTAL S&T
$626,895
$729,329
$864,155
$134,826
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the
Superfund account.
71
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Clean Air
72
-------
Clean Air Allowance Trading Programs
Program Area: Clean Air and Climate
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health 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
Environmental Programs & Management
$12,920
$13,153
$23,523
$10,370
Scii'iici' A- t echnology
S-I.SO'J
Vi, "(*.?
ss.soo
.s 2.m~
Total Budget Authority
$17,729
$19,946
$32,323
$12,377
Total Workyears
66.2
63.7
82.0
18.3
Program Project Description:
This program is responsible for managing the Clean Air Status and Trends Network (CASTNET),
an ambient monitoring network that has been continuously collecting data for more than 30 years.
CASTNET serves as the Nation's primary source for assessing long-term trends in atmospheric
sulfur and nitrogen deposition, regional ground-level ozone, and other forms of particulate and
gaseous air pollution. CASTNET sites are uniquely situated in remote and high elevation areas
within 39 states and seven tribal boundaries. The network provides valuable data to support the
ozone National Ambient Air Quality Standards (NAAQS) in many areas not monitored by state,
local, and tribal monitoring agencies. Under this program, independent audits and performance
evaluations are performed to meet the NAAQS requirements and provide high-quality data.
Additionally, CASTNET ozone data are used for exceptional event assessments of international
transport, background concentrations, wildfire events, and stratospheric ozone intrusions often
leading to ozone exceedances. States are required to provide exceptional event demonstrations in
order to exclude monitoring data from the NAAQS design values. Used in conjunction with the
National Atmospheric Deposition Program's wet deposition networks and other ambient air
quality networks, CASTNET's data products also are used to determine the effectiveness of
national and regional emission control programs, validate satellite measurements, and provide
near-real time data to support AirNow and Air Quality Index (AQI) reporting tools.
The CASTNET program provides spatial and temporal trends in ambient air quality and is the
largest network in the world reporting atmospheric deposition used to assess ecological impacts in
sensitive ecosystems (e.g., national parks, freshwater bodies, and subalpine regions). The sites also
fill in critical data gaps from urban networks that lack information on air quality issues affecting
downwind population centers, such as oil and gas, wildfire smoke, and wood smoke in mountain
valleys. Rural CASTNET sites are intentionally located away from stationary emission sources
but are often located in or near low-income communities or communities of color. Maintaining the
CASTNET monitoring network continues to be critical for assessing the environmental benefits
realized from regional emission reduction programs (thereby reducing secondary pollutant
formation of ozone and fine particles), as well as aiding states in exceptional events
determinations. During the pandemic, EPA has addressed the disparate impacts of COVID-19 on
73
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areas with poor air quality by using CASTNET to track local air quality and assess how pandemic-
related policies and changes in economic activity have affected air quality.
EPA works closely with tribal governments to build tribal air monitoring capacity through
partnerships with the CASTNET program. Since 2002, CASTNET has added seven sites on tribal
lands, including two new sites in the northwest U.S. By expanding tribal partnerships, CASTNET
can fill important spatial gaps in ambient and deposition monitoring while simultaneously
integrating sites operated by tribes into a national program. Tribes will benefit from dedicated
tribal monitoring sites that build tribal technical skills, provide near-real time air quality data to
the community, and provide environmental data that help tribes assess the impacts of air pollution
on cultural or natural resources on tribal lands.
To support modernization efforts, CASTNET will use the existing network infrastructure to fill in
gaps in continuous measurements necessary to evaluate changes in atmospheric chemistry and
global climate impacts on air quality and deposition. The Program is well-situated to measure
background or regional levels of air toxics (e.g., ethylene oxide) and persistent chemicals of
concern (e.g., PFAS compounds). Measuring speciated reactive nitrogen will provide valuable
data that states can use to determine which species are driving PM formation and make more
informed decisions on emission control strategies. Furthermore, continuing to expand capacity
while modernizing the CASTNET infrastructure ensures data can be made available in near-real
time to address short-term changes in air quality resulting from meteorological conditions, such as
temperature inversions, or natural disasters, such as wildfires.
This program also is responsible for managing EPA's Long-Term Monitoring (LTM) program,
which was created to assess the health of lakes and streams in response to changes in deposition
of atmospheric pollutants. Today, it ensures that the Clean Air Act continues to be effective in
reducing the impact of atmospheric pollutants (e.g., strong acid anions) on surface waters in New
England, the Adirondack Mountains, the Northern Appalachian Plateau (including the Catskill
mountains), and the Blue Ridge region. This program is operated cooperatively with partners in
state agencies, academic institutions, and other federal agencies. The LTM surface water chemistry
monitoring program provides field measurements for understanding biogeochemical changes in
sulfur, nitrogen, acid neutralizing capacity, aluminum, and carbon in streams and lakes in relation
to reductions in pollutant emissions and a changing climate. The LTM program is one of the
longest running programs at EPA, providing a longitudinal dataset based on sampling and
measurements since 1983.
This program also supports the Clean Air Allowance Trading Programs, which are nationwide and
multi-state programs that address air pollutants that are transported across state, regional, and
international boundaries. Programs designed to control SO2 and NOx include Title IV (the Acid
Rain Program) of the Clean Air Act, the Cross-State Air Pollution Rule (CSAPR), the CSAPR
Update (which was revised in 2021 in response to a court remand). The infrastructure for the Clean
Air Allowance Trading Programs also supports implementation of other state and federal programs
to control SO2, hazardous air pollutants, and greenhouse gases.
Both the CSAPR and the CSAPR Update Rule require 27 states in the eastern U.S. to limit their
emissions of SO2 and/or NOx in order to reduce or eliminate the states' contributions to fine
74
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particulate matter and/or ground-level ozone pollution in other states. These programs set
emissions limitations that are defined in terms of maximum statewide "budgets" for emissions of
annual SO2, annual NOx, and/or ozone-season NOx from each state's large electric generating
units. EPA is supporting state efforts with respect to best available retrofit technology, reasonable
progress, and interstate visibility transport, as those obligations relate to SO2 emissions from
electricity generating units.71 The air quality and other environmental information gathered
through this program support other Clean Air Allowance Trading Program-related rulemakings,
such as EPA's proposal to reduce emissions contributing to interstate air pollution under the 2015
03 NAAQS and rulemakings associated with Regional Haze.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will:
• Continue to support 64 CASTNET, including seven tribal sites, 31 NADP National Trends
Network (NTN), 71 NADP Ammonia Monitoring Network (AMoN), and LTM monitoring
sites that provide long-term atmospheric concentrations, deposition, and surface water
quality data. Data are used to analyze and assess air quality, trends in sulfur and nitrogen
deposition, critical loads, and other indicators of ecosystem health.
• Provide support for independent audits and required performance evaluations to assure
high-quality data to support the NAAQS and environmental assessments.
• Continue progress toward increasing monitoring capacity by working to identify new tribal
partners that would benefit from joining a national air monitoring program.
• Invest in technology and small businesses by replacing aging equipment, repairing
monitoring shelters more than 30 years old that have deteriorated due to extreme weather
and deploying new equipment and monitoring sites in rural, often low-income/minority
areas. The CASTNET contractor allocates 55 percent of their subcontract dollars to small
businesses responsible for performing calibrations, managing site operators, and data
analyses.
• Upgrade aging CASTNET equipment. To improve overall data quality EPA will replace
continuous ozone analyzers, and procure new gas analyzers (e.g., CO, VOCs, speciated
nitrogen) that will support NAAQS assessments, emission control strategies, and
regulatory actions in the future. Analyzers will be integrated into the existing automated
calibration systems to improve network resiliency.
• Utilize existing infrastructure to expand network capacity by adding measurement systems
for background and regional concentrations of air toxics and emerging pollutants of
71 Clean Air Act § 110 and § 169A; refer to 40 CFR 52.2312.
75
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concern. Data will complement urban measurements and provide valuable information on
atmospheric pathways and chemical transformations that will impact health risks.
• Continue to modernize the data reporting tools and visualizations to improve user
experiences and data access, particularly during emergencies (e.g., COVID-19 pandemic).
Strengthening front-end and back-end data management platforms will improve system
reliability and allows state and local agencies to quickly make critical decisions. Providing
real-time air quality data during such events is valuable for informing vulnerable
populations about health risks.
• Assure the continuation of ongoing SO2 and NOx emission reductions from power plants
in the eastern half of the U. S. by implementing CSAPR and the CSAPR Update, and across
the contiguous U.S. by implementing the Acid Rain Program.72
• Ensure accurate and consistent results for the Clean Air Allowance Trading Programs.
Continue work on performance specifications and investigating monitoring alternatives
and methods to improve the efficiency of monitor certification and emissions data
reporting.
• Work with states to implement emission reduction programs to comply with CAA Section
110(a)(2)(D)(i)(I) requirements, including conducting environmental justice analyses to
consider the distributional impacts of emissions on overburdened communities.73
Performance Measure Targets:
(PM NOX) Tons of ozone season NOx emissions from electric power
FY 2022
FY 2023
generation sources.
Target
Target
355,000
344,000
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$2,007.0) This program change is an increase to support CASTNET modernization
efforts including increasing monitoring capacity, investing in technology, upgrading
equipment, and improving user experience.
Statutory Authority:
Clean Air Act.
2 Clean Air Act §§ 110(a)(2)(D) and 401.
73 For more information on program performance, please see: https://www.epa.gov/airmarkets/progress.
76
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Climate Protection
Program Area: Clean Air and Climate
Goal: Tackle the Climate Crisis
Objective(s): Reduce Emissions that Cause Climate Change
[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
$91,632
$97,000
$125,216
$28,216
Scii'iici' A- t echnology
$7,057
S~,W
.SI (KIM
$2,274
Total Budget Authority
$98,689
$104,895
$135,385
$30,490
Total Workyears
211.3
214.1
236.9
22.8
Program Project Description:
The Climate Protection Program supports implementation and compliance with greenhouse gas
(GHG) emission standards for light-duty and heavy-duty vehicles developed under EPA's Federal
Vehicle and Fuels Standards and Certification Program. Resources under this program also support
compliance activities for implementing the National Highway Traffic Safety Administration's
(NHTSA) Corporate Average Fuel Economy (CAFE) standards. Under authorities contained in
the Clean Air Act and the Energy Policy Act, EPA is responsible for issuing certificates and
ensuring compliance with both the GHG and CAFE standards.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Reduce Emissions that Cause
Climate Change in the FY 2022 - 2026 EPA Strategic Plan.
Resources under this program will support implementation and compliance activities associated
with EPA's GHG and NHTSA's fuel economy standards for light-duty and heavy-duty vehicles
and engines. Resources will support the following activities:
Certification and Compliance
Implementation of the GHG emission standards for light-duty and heavy-duty vehicles and engines
has significantly increased EPA's certification and compliance responsibilities. These
responsibilities play a critical role in ensuring that the programs achieve their climate goals. Over
time, in an effort to provide greater compliance flexibility for manufacturers, EPA has introduced
numerous innovative features into the vehicle certification process. These features include new
and more comprehensive trading programs, credits for off-cycle emission reductions, and new
federal test procedures. In FY 2023, EPA will be implementing a substantially expanded "Phase
2" of the heavy-duty vehicle and engine GHG program. This implementation requires significant
expansions of EPA's information technology systems, which provide an efficient means for
manufacturers to apply for and receive certificates of conformity, and for EPA to audit and oversee
manufacturer compliance with the revised requirements of the new heavy-duty GHG standards.
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Vehicle and Engine Testing Services
EPA's National Vehicle & Fuel Emissions Laboratory (NVFEL) has invested significant resources
to maintain its critical vehicle and engine testing capabilities and to upgrade them as needed to
implement new standards for fuel, vehicle, and engine emissions. These investments have included
updates to its four-wheel drive dynamometers and analytical systems needed to perform regulation
development and certification testing of light-duty, medium-duty, and heavy-duty vehicles,
including battery electric and hybrid electric technologies. This modernized test environment has
led to such developments as new test methods for accurately measuring the efficiency and range of
electrified vehicles and new processes for gathering and analyzing in-use fuel efficiency data from
vehicles tested on the road.
In FY 2023, NVFEL will continue to direct resources in expanded electric vehicle charging
infrastructure in the laboratory to support anticipated future test requirements for light-duty and
heavy-duty vehicles and is preparing for testing of hydrogen fuel cell technologies. NVFEL's
ongoing facility modernization has been essential to the implementation of requirements for EPA's
Phase 2 GHG regulations for heavy-duty and medium-duty vehicles. Importantly, it also has
enabled greater production of scientific data on new and emerging vehicle and engine technologies,
leading to the development of more advanced computer models to support EPA's rulemaking
activities. Equipment modernization is critical for keeping pace with technology advancements in
the industry, as well as maintaining NVFEL's role as a trusted testing standard for foreign and
domestic manufacturers to compare against in certifying their products and as a deterrent against
non-compliance.
In addition to investing in emerging needs, NVFEL will continue to maintain, repair, and replace
aging laboratory equipment needed to sustain its core compliance testing activities. In FY 2023,
NVFEL plans to extensively replace aging or obsolete test equipment supporting its engine
compliance and fuels enforcement programs. This represents a continuation of annual and ongoing
capital equipment maintenance associated with the expansion of lab testing programs needed to
implement light-duty and heavy-duty criteria pollutant and GHG regulations, which have
increased NVFEL's operation and maintenance costs by an estimated $2.1 million per year.
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):
• (+$227.0) 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.
• (+$2,047.0 / +2.3 FTE) This program change is an increase in support of the National
Vehicle and Fuel Emissions Laboratory compliance/certification work and mobile source
vehicle emissions analyses. Additional resources at the lab support restoring capacity to
78
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test and certify engines, fuels, and vehicles to ensure compliance with regulatory standards,
and to generate emissions data to support regulatory development work essential to
tackling the climate change crisis. This includes $393.0 thousand in payroll.
Statutory Authority:
Clean Air Act; Pollution Prevention Act (PPA), §§ 6602-6605; National Environmental Policy Act
(NEPA), § 102; Clean Water Act, § 104; Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (RCRA), § 8001; Energy Policy Act of 2005, § 756.
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Federal Support for Air Quality Management
Program Area: Clean Air and Climate
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health 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
Environmental Programs & Management
$131,015
$138,020
$289,010
$150,990
Science A- Technology
SS.MI
S '.IS-/
SHU 20
SJ.206
Total Budget Authority
$139,676
$145,174
$299,430
$154,256
Total Workyears
832.7
843.0
945.4
102.4
Program Project Description:
Federal support for the criteria pollutant and air toxics programs includes a variety of tools to
characterize ambient air quality and the level of risk to the public from air pollutants and to measure
national progress toward improving air quality and reducing associated risks. The Federal Support
for Air Quality Management Program supports development of State Implementation Plans (SIPs)
through modeling and other tools and assists states in implementing, attaining, maintaining, and
enforcing the National Ambient Air Quality Standards (NAAQS) for criteria pollutants. The
Program also supports development and provision of information, training, and tools to assist state,
tribal, and local agencies, as well as communities, to reduce air toxics emissions and risks specific
to their local areas. In addition, the Program supports activities related to the Clean Air Act (CAA)
stationary source residual risk and technology review program. EPA is required to assess the level
of risk remaining after promulgation of National Emission Standards for Hazardous Air Pollutants
(NESHAP) that are based on Maximum Available Control Technology (MACT) within eight years
of that promulgation. In addition, the Agency is required to review all NESHAP at least every eight
years to determine if revisions are needed to reflect developments in practices, processes, and
control technologies.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan.
During FY 2023, as part of implementing key activities in support of attainment of the NAAQS,
EPA will provide states and local air agencies with scientifically and technically sound assistance
in developing SIPs. This assistance includes providing models, modeling inputs and tools, and
technical data and guidance and identifying emission control options. EPA ensures national
consistency in how air quality modeling is conducted as part of regulatory decision-making,
including federal and state permitting programs, SIP-related actions, as well as how conformity
determinations are conducted across the U.S. The Agency will work with states and local air
80
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agencies to ensure that particulate matter (PM) hot-spot analyses are conducted in a manner
consistent with the transportation conformity regulation and guidance.
One of EPA's priorities is to fulfill its statutory and court-ordered obligations. In FY 2023, EPA
will continue to conduct the periodically required "technology reviews" of NESHAP and conduct
required risk assessments for MACT-based NESHAP. EPA will enhance risk assessment
capabilities to better identify and determine impacts on communities. The Agency also will
transition to an approach to share air toxics data faster and more regularly to the public, allowing
for increased transparency and the ability to see trends and risks over time. By 2023, EPA will
start reporting the most current air toxics data each year in the annual Air Trends Report and an
online interactive tool instead of the current three to four-year cycle and provide that data at
increased spatial resolution. EPA will prioritize work with an emphasis on meeting court-ordered
deadlines and also incorporate environmental justice considerations as part of the decision-making
process.
EPA will continue to provide information and assistance to states and communities through
documents, websites, webinars, and training sessions on tools to help them provide input to
environmental justice assessments that can inform risk reduction strategies for air toxics. EPA will
continue to communicate effectively to, and collaborate with, communities with environmental
justice concerns to address air toxics issues. EPA will continue its multi-pollutant air quality
management work with state and local areas, factoring environmental justice into prioritization
efforts, including providing tools to support state, tribal and local governments in strategy
development. EPA will continue to look at multiple pollutants in an industrial sector and
identify ways to take advantage of the co-benefits of pollution control. The focus of these efforts
is to address an individual sector's emissions comprehensively and to prioritize regulatory efforts
to address the sources and pollutants of greatest concern to overburdened communities. In
developing sector and multi-pollutant approaches, EPA is building innovative solutions that
address the differing and cumulative nature of the multiple pollutants and associated industrial
sectors.
In FY 2023, EPA will continue to work with internal and external stakeholders to improve ambient
air quality monitoring networks and measurement techniques to fill data gaps and to provide better
input to estimation of population exposure to criteria and toxic air pollutants. To ensure data
quality, EPA will continue to implement and manage independent quality assurance programs for
national monitoring networks as well as for federal and commercial laboratories that produce
ambient air monitoring data.
In FY 2023, EPA will continue to work with partners to improve emissions factors and inventories,
including the National Emissions Inventory. This effort includes gathering improved activity data
from emissions monitoring and using geographic information systems and satellite remote sensing
systems, where possible, for key point, area, mobile, and fugitive sources, and global emission
events.
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Performance Measure Targets:
Work under this program supports performance results in the Federal Support for Air Quality
Management program under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$588.0) 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.
• (+$2,678.0 / +11.0 FTE) This program change is an increase in the development of science,
technology, and methodologies to better implement the Clean Air Act, including:
enhancing risk assessment capabilities to better identify and determine impacts on
communities; communicating and collaborating with environmental justice communities
to address air toxics concerns; and improving ambient air monitoring networks and
measurement techniques to fill data gaps and better estimate the population's exposure to
criteria and toxic air pollutants. This investment includes $2,234 million in payroll.
Statutory Authority:
Clean Air Act.
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Federal Vehicle and Fuels Standards and Certification
Program Area: Clean Air and Climate
Goal: Tackle the Climate Crisis
Objective(s): Reduce Emissions that Cause Climate Change
(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
Scii'iuc A- lecliiwloxy
S.V
SW». "S'.i
S I52.2IW
S ,\\-l2f>
Total Budget Authority
$87,233
$96,783
$152,209
$55,426
Total Workyears
315.5
308.5
350.5
42.0
Program Project Description:
Under the Federal Vehicle and Fuels Standards and Certification Program, EPA develops,
implements, and ensures compliance with national emission standards to reduce mobile source
related air pollution from: light-duty cars and trucks; heavy-duty trucks and buses; nonroad engines
and equipment; and from the fuels that power these engines. The Program also evaluates new
emission control technology and provides state, tribal, and local air quality managers and
transportation planners with guidance, tools, and other information to develop additional strategies
and place-based transportation programs to reduce mobile source pollution.
As part of ensuring compliance with national emission standards, the Program tests vehicles,
engines, and fuels, and establishes test procedures for federal emissions and fuel economy
standards. The Program operates test cells that simultaneously measure criteria pollutants and
greenhouse gas (GHG) emissions, reviews certification applications for light-duty vehicles and
heavy-duty engines to approve applications for criteria pollutant and GHG emission standards and
examines for potential violations.
National Vehicle and Fuel Emissions Laboratory (NVFEL)
The NVFEL ensures air quality benefits and fair competition in the marketplace by conducting
testing operations on motor vehicles, heavy-duty engines, nonroad engines, and fuels to certify
that all vehicles, engines, and fuels that enter the U.S. market comply with all federal clean air,
GHG, and fuel economy standards. The NVFEL conducts vehicle and engine emission tests as
part of pre-production tests, certification audits, in-use assessments, and recall programs to ensure
compliance with mobile source programs. The NVFEL also produces critical test data on new and
emerging vehicle and engine technologies to support the development of future greenhouse gas
and criteria pollutant regulations. Through cooperative partnerships and committee involvement,
the lab leads the development and implementation of test methods and procedures for vehicles,
engines, and fuels to ensure consistent data quality among manufacturers' labs, measure fuel
efficiency, and verify compliance of electrified and conventional vehicles with EPA standards.
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Renewable Fuel Standard (RFS)
The RFS Program was created under the Energy Policy Act of 2005 (EPAct), which amended the
Clean Air Act, and was expanded under the Energy Independence and Security Act of 2007
(EISA). The RFS Program requires a certain volume of renewable fuel to replace or reduce the
quantity of petroleum-based transportation fuel, heating oil, or jet fuel.
Supporting Tribal, State and Local Governments
EPA works with tribal, state, and local governments to ensure the technical integrity of the mobile
source control emission benefits, including in State Implementation Plans (SIPs) and
transportation conformity determinations. EPA develops and provides information and tools to
assist tribal, state, and local agencies, as well as communities, to reduce criteria pollutant and air
toxics emissions and risks specific to their local areas. Reductions in emissions of mobile source
air pollution, such as components of diesel exhaust, are achieved through: guidance and technical
assistance for state and local Clean Air Act mobile source programs in nonattainment and
maintenance areas for the National Ambient Air Quality Standards (NAAQS); establishing national
emissions standards for vehicles, equipment, and fuels, research of public health impacts and
mitigation options; methods for quantifying multi-pollutant emission reductions for place-based
strategies; and partnership approaches working with tribal, state, and local governments, as well as
a variety of non-governmental stakeholder groups.
Prioritizing Environmental Justice
In response to the Administration's priorities and goals, EPA's mobile source programs will
further integrate environmental justice (EJ) and equity considerations. This includes: 1) outreach
and inclusion throughout the regulatory development process; 2) analysis of current conditions to
understand economic inequities potentially related to EPA's regulatory policies - as well as
disparities in exposure to mobile source air pollution experienced by people of color, low-income
populations, and tribal communities; 3) analysis of the equity and air quality improvements from
EPA's regulatory actions and voluntary programs; 4) technical assistance to state and local
governments to reduce regional and localized criteria pollutant and other emissions through
regulatory and non-regulatory strategies, including nearby communities with environmental
justice concerns, and within the context of meeting Clean Air Act SIP and transportation
conformity requirements; and 5) exploration of non-regulatory mitigation measures to further
target improvements in air quality for those disproportionately exposed to air pollution from
mobile sources.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Reduce Emissions that Cause
Climate Change in the FY 2022 - 2026 EPA Strategic Plan.
To support this work, EPA is requesting $30 million and 42 FTE in FY 2023 to invest in program
activities to address the climate crisis. This includes the development of analytical methods,
regulations and analyses to support climate protection by controlling greenhouse gas emissions
from light-duty, medium-duty, and heavy-duty vehicles.
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Federal Vehicle and Fuels Standards and Certification Program
In FY 2023, the Federal Vehicle and Fuels Standards and Certification Program will continue to
focus its efforts on certification responsibilities. The Agency will continue to perform its
compliance oversight functions on priority matters, conducting compliance oversight tests where
evidence suggests noncompliance. EPA will continue to conduct pre-certification confirmatory
testing activities for emissions and fuel economy for passenger cars and will increase on-road
measurements of in-use vehicle emissions. EPA anticipates reviewing and approving about 4,700
vehicle and engine emissions certification requests from vehicle and engine manufacturers,
including light-duty vehicles, heavy-duty diesel engines, nonroad engines, marine engines,
locomotives, and others. Demand for EPA's certification services has increased significantly, due
in part to the addition of exhaust and fuel evaporative emissions certification requirements for
marine, other nonroad, and small spark-ignited engines. Accordingly, NVFEL will increase
compliance testing in each of these areas in FY 2023.
EPA utilizes in-use emissions data provided by light-duty vehicle manufacturers to measure
compliance and determine if any follow-up evaluation or testing is necessary. Since CY 2000,
light-duty vehicle manufacturers have been required to test a number of newer and older in-use
vehicles and provide the data to EPA. The Agency receives over 6,000 emissions tests results from
more than 2,000 vehicles annually. EPA reviews the data and determines if there are any specific
vehicles, models, or manufacturers that are failing in-use emissions standards. The Agency will
use this information submitted by light-duty manufacturers, together with emissions data collected
at NVFEL, to determine if there are vehicle models which should be recalled and repaired to
address excess in-use emissions and that should be identified for testing for the upcoming model
year prior to granting the manufacturer a certificate of conformity, which allows the manufacturer
to sell vehicles in the U.S.
Emission Standards for New Motor Vehicles
In FY 2023, EPA will take action to reduce air pollution and GHG emissions by focusing on the
transportation sector's largest contributors to criteria pollutant and GHG emissions: light-duty
vehicles (LDVs) and heavy-duty vehicles (HDVs). Work also supports EPA's long-term
performance goal to promulgate final rules that will reduce GHG emissions from light duty,
medium-duty, and heavy-duty vehicles; electric utility generating units; and the oil and gas industry.
In FY 2022, EPA completed a revision of the light-duty vehicle GHG standards established in April
2020 (the Safer Affordable Fuel Efficient Vehicles Rule). In August 2021, EPA issued a proposed
rule setting revised "near-term" standards through model year (MY) 2026 and issued a final rule in
December 2021. In March 2022, EPA reinstated California's authority under the Clean Air Act
(CAA) to implement its own GHG emission standards and zero emission vehicle (ZEV) sales
mandate. As a result of this action, other states may choose to adopt and enforce California's GHG
emission standards in lieu of the Federal standards, consistent with section 177 of the Clean Air
Act.
The near-term light duty rule will serve as a stepping-off point for longer-term standards. In FY
2023, EPA will develop a longer-term emissions standard rulemaking proposal for new multi-
pollutant emissions standards, including for greenhouse gas emissions, for light- and medium-duty
vehicles beginning with MY 2027 and extending through and including at least MY 2030. These
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standards will help transition the fleet to zero and near-zero emissions. Many automakers have
recently announced ambitious plans for electrifying their new LDV fleets in the 2030 to 2040
timeframe. This rulemaking also will be a key measure in contributing to the President's
commitment under the Paris Agreement to reduce U.S. GHG emissions by 50-52 percent from 2005
levels by 2030.
By December 2022, EPA will propose and finalize a rulemaking to reduce nitrogen oxides (NOx)
emissions from MY 2027 and later heavy-duty engines and vehicles. This rule also will update the
Phase 2 GHG standards for 2027 and later by taking into consideration the role that zero-emission
heavy-duty vehicles have in reducing emissions from certain heavy-duty market segments. Pollution
from trucks has been a long-standing obstacle to advancing environmental justice, as many
low-income communities and communities of color live near highways or in heavily polluted areas
with frequent truck congestion and idling. Setting clear and stringent standards for truck pollution is
critical to delivering on the President's commitment to delivering tangible benefits to historically
underserved and overburdened communities.
In FY 2023, EPA will work on a rulemaking under the CAA to establish new GHG emissions
standards for heavy-duty engines and vehicles to begin as soon as MY 2030. This rule will reduce
GHG and other emissions from highway HDVs, the second-largest source of transportation GHG
emissions. This action will build off of the heavy-duty MY 2027 rulemaking and accelerate the
transition to zero emission vehicles. A key focus for the GHG elements of this effort will be the shift
from HDVs powered by internal combustion engines to those powered by zero emission
technologies, such as battery electric and fuel-cell technologies. EPA's future GHG standards for
HDVs will build upon these industry commitments.
EPA will invest significant resources to address a myriad of new technical challenges to support
these two sets of long-term rulemakings, which will include added LDV and HDV testing and
modeling capabilities at NVFEL. Key to this technical work is to understand the cost, feasibility,
and infrastructure impacts of electrifying the broad range of products in the LDV and HDV sectors.
This will include vehicle demonstration projects focused on emerging technologies, that are still in
the pre-production stage with manufacturers, but are expected to be strategically important in
achieving future standards.
Fuel Economy Labeling Requirements
In FY 2023, EPA also will oversee compliance with vehicle fuel economy labeling requirements. In
past years, EPA conducted in-use audits of manufacturer "coast-down" data, revealing issues in
manufacturer data submitted to EPA and, as a result, found inaccurate fuel economy labels on more
than a million vehicles from several manufacturers. While EPA temporarily suspended its coast-
down testing due to the COVID-19 pandemic, the Agency will resume this testing when public health
guidance allows it.
Tier 3 Standards
In FY 2023, EPA will continue implementing the Tier 3 standards for light-duty vehicles and
certifying manufacturers' fleets for vehicle MY 2023 and MY 2024. EPA is responsible for
establishing the test procedures needed to measure tailpipe emissions and for verifying
manufacturers' vehicle fuel economy data. As a result, the Agency will continue to maintain its
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critical laboratory equipment and testing resources to ensure that new cars and trucks comply with
the Tier 3 emissions standards.
Marine and Aircraft Emission Reduction Measures
EPA will continue working with the International Maritime Organization (IMO) and the
International Civil Aviation Organization (ICAO) on programs to control pollutant emissions from
marine and aircraft engines, respectively. EPA is supporting the State Department and Coast Guard
on technical issues related to establishing measures to achieve GHG targets established at IMO. In
FY 2022, EPA expects to transition from work on short-term to more ambitious medium-term
measures. This work will continue through FY 2023. At ICAO, EPA will actively participate in the
development of new C02 standards for decision in February 2025 as well as technical work that
could lead to future NOx/PM standards. Additionally, EPA is developing a domestic rule for aircraft
engine PM standards, expected to be finalized in November 2022.
In addition to the international efforts for aviation, EPA is continuing its work to address lead in
aviation gasoline. In coordination with the Federal Aviation Administration and working with
airports, local air agencies, and communities, EPA is evaluating potential exposures to lead from the
use of leaded aviation gasoline in piston-engine aircraft as well as potential mitigation measures.
Emissions Modeling
The Motor Vehicle Emission Simulator (MOVES) is the Agency's emission modeling system that
estimates emissions for on-road and nonroad mobile sources at the national, county, and project
levels for criteria air pollutants, GHGs, and air toxics. In FY 2023, the official version of EPA's
model, MOVES3, will be used to estimate impacts of the Agency's emission control programs and
will be used by states and metropolitan planning organizations (MPOs) in their work to meet the
NAAQS, including the development of SIPs and transportation conformity analyses. The Agency
also will support users on any new model releases that incorporate the best available data and science
and account for the latest emission standards.
National Vehicle and Fuel Emissions Laboratory Facility Infrastructure
NVFEL provides all laboratory testing and support functions necessary for the Agency to certify
that all vehicles, engines, and fuels sold in the United States are in compliance with U.S. emission
standards, representing 4,700 certificates issued to vehicle and engine manufacturers on an annual
basis.
In FY 2023, the mechanical, electrical, control, and building management systems for the HVAC
(heating, ventilation, and air conditioning) at NVFEL will be at or beyond the end of useful life
with the completion of the current, 25-year, Energy Savings Performance Contract (ESPC).
ESPCs, private/public partnership contract vehicles coordinated through the Department of
Energy, use facilities' energy and operational savings to offset many of the contract costs.
Given these needs, EPA is pursuing an infrastructure upgrade project for the NVFEL facility, and
the Agency is evaluating a new ESPC. In FY 2023, $20 million in additional resources are
requested to support renewal of the ESPC. EPA anticipates signing the proposed ESPC in FY 2022
or FY 2023 with potential implementation costs in excess of $24 million. The energy savings to
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be realized when the ESPC is fully implemented is estimated to be 33,000 MBTU annually, with
water conservation of 1.3 million gallons annually.
Resources for the renewal of the ESPC are critical to support the ability of NVFEL to carry-out its
mission-critical work of certifying vehicle compliance. Ensuring industry's compliance is a
priority for EPA and an essential safeguard of fair market competition for manufacturers of
vehicles and engines introduced into commerce in the United States.
Renewable Fuel Standards
EPA activity in the fuel sector will be centered on the implementation of the RFS program.
Congress established renewable fuel volume targets through CY 2022, leaving it to the Agency to
establish the volumes for CY 2023 and beyond. EPA's schedule currently calls for the Agency to
issue a final "RFS Set Rule" establishing such volumes in early FY 2023.
In addition, EPA will continue the efforts associated with the ongoing implementation of the
program. These include: 1) updating and revising the regulations to improve program
implementation and effectiveness and enable new sources of renewable fuel volumes;
2) evaluating applications for new biofuels and/or their feedstocks; 3) registering new renewable
fuel facilities to enable them to generate renewable fuel credits known as Renewable Identification
Numbers (RINs); 4) building critical new capability in EPA's Moderated Transaction System
(EMTS) for tracking the generation, transfer, and use of RINs for compliance; 5) evaluating and
implementing, if appropriate, enhancements to improve program operations, oversight and
enforceability; 6) evaluating and implementing IT systems modifications and enhancements that
provide the greatest returns on investment through continuous improvement; 7) ensuring the
integrity of the RFS program through enforcement actions against those using the program for
fraudulent gain; and 8) supporting the Department of Justice in defending the Agency's
implementation of the RFS program in numerous challenges in court.
In addition to the RFS program, EPA will continue to implement gasoline and diesel fuel quality
standards and obligations under the Clean Air Act. This includes many of the same compliance
and enforcement oversight activities mentioned above for the RFS. In addition, in late 2020 EPA
finalized a fuel regulation streamlining rule that included updated registration, recordkeeping, and
reporting requirements. EPA will continue efforts in FY 2023 to implement these requirements
through continuous improvement of IT registration and reporting systems to deliver the full impact
and benefit of the investment made in the streamlined regulations. These include automation and
reduced registration, administration, and reporting burdens for both the regulated community and
EPA. Finally, in FY 2023 EPA will continue its ongoing research into new opportunities to
improve and/or protect fuel quality in ways that can reduce air pollution and improve public health
and welfare.
EPA will continue to operate and maintain the credit trading systems under the RFS. EISA
expanded the renewable fuels provisions of EPAct and requires additional studies in various areas
of renewable fuel use. EISA also requires EPA to develop a comprehensive lifecycle GHG
methodology to implement the Act's GHG threshold requirements for the RFS. Producers of new
and advanced biofuels regularly seek to qualify their fuels under RFS, and EPA will continue to
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evaluate such feedstocks and fuels to determine eligibility for the program. The Agency also will
look at ways to update the science and data analysis that supports EPA's evaluation methodology.
In FY 2023, EPA will maintain oversight of the RFS program and continue to evaluate compliance
with RFS provisions through its system, which is used to track the creation, trades, and use of
billions of RINs for compliance. The tracking system handles 4,000 to 6,000 submissions per day,
typically averaging more than 20,000 transactions per day, and the generation of more than 1.4
billion RINs per month. RINs are generated with the production of qualifying renewable fuel and
are used to achieve national RFS programmatic goals of reducing or replacing the quantity of
petroleum-based transportation fuel, heating oil, or jet fuel produced.
In FY 2023, EPA will continue to work with stakeholders to implement a new electronic reporting
portal for its Fuel and Fuel Additive (FFA) program. EPA implemented an electronic registration
system for the FFA program in FY 2020; companies once registered may then introduce FFA
products into commerce. Companies still submit related quarterly and annual FFA reports to the
Agency in formats that require EPA to manually transcribe the information into its fuels database.
EPA plans to incorporate FFA reports into the eReporting system in FY 2023 after implementing
eReporting for higher priority reporting needs in FY 2022.
Supporting Tribal State and Local Governments
In FY 2023, EPA will continue to provide tribal, state and local governments with assistance in air
quality planning, including SIPs and transportation conformity determinations, especially for
nonattainment areas working to attain the ozone and PM2.5 NAAQS. EPA will continue to work
with tribal, state, and local governments to ensure the technical integrity of the mobile source
emission estimates in their SIPs and any Tribal Implementation Plans (TIPs). In addition, EPA
will assist states in developing Clean Air Act-required programs—such as new inspection and
maintenance (I/M), fuels, and vehicle miles travelled (VMT) offset programs—as well as
identifying place-based control options and provide guidance for ozone nonattainment areas for
the 2008 and 2015 ozone NAAQS that are bumped up to a higher classification. In addition, in
partnership with the Department of Transportation, EPA will ensure national consistency in how
transportation conformity determinations are conducted across the U.S. and in the development of
motor vehicle emissions budgets in SIPs, EPA's adequacy findings on these budgets, and emission
reduction strategies to ensure new transportation investments to support state air quality goals.
EPA will continue to provide regulations, guidance, state-of-the-science models (such as
MOVES), and assistance to state and local agencies working on CAA-required PM2.5 and PM10
hot-spot analyses. This will help protect public health in local communities, including
communities of color and low-income communities with environmental justice concerns, near new
or expanded highway and freight terminal projects with significant increases in diesel truck traffic.
In addition, EPA will continue to provide regulations, guidance, and support to states with respect
to existing I/M programs that focus on in-use vehicles and engines. Basic and/or Enhanced I/M
testing is currently being conducted in almost 30 states with EPA technical and programmatic
guidance. EPA also will continue to provide regulatory actions and technical assistance to certain
states considering changes or removal of low Reid Vapor Pressure (RVP) fuel programs. Finally,
EPA will continue to develop methods for tribal, state and local agencies to quantify multi-pollutant
emission reductions from available and newly emerging emission reduction strategies.
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Prioritizing Environmental Justice
In FY 2023, EPA will continue to work with a broad range of stakeholders - including communities
with environmental justice concerns - to develop targeted, sector-based, and place-based incentives
for diesel fleets (including school buses, ports, and other goods movement facilities) to limit
emissions from older diesel engines not subject to stringent emissions standards. Millions of
people in the U. S. currently live and work near ports and can be exposed to air pollution associated
with emissions from diesel engines at ports, including particulate matter, nitrogen oxides, ozone,
and air toxics.74 The near-port communities that bear the brunt of air pollution from these diesel
engines are often comprised of low-income populations and people of color. EPA will focus its
efforts on reducing mobile source emissions in and around ports through EPA's Ports Initiative.75
EPA will assist tribal, state, and local governments to reduce emissions in or near communities
with EJ challenges to meet CAA SIP and transportation conformity requirements. EPA also is
working with industry to bring about field testing and emissions testing protocols for a variety of
innovative energy-efficient, emissions reducing technologies for the legacy fleet. As discussed
above, EPA also will be establishing new emission standards for highway heavy-duty commercial
vehicles, which is a high priority for many communities with environmental justice concerns.
Performance Measure Targets:
(PM CRT) Number of certificates of conformity issued that demonstrate
that the respective engine, vehicle, equipment, component, or system
conforms to all applicable emission requirements and may be entered into
commerce.
FY 2022
Target
FY 2023
Target
4,700
4,700
(PM RUL) Number of final rules issued that will reduce GHG emissions
from light duty, medium-duty, and heavy-duty vehicles; electric utility
generating units; and the oil and gas industry.
FY 2022
Target
FY 2023
Target
No Target
Established
No Target
Established
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$5,104.0) 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.
• (+$206.0) This change to fixed and other costs is an increase due to the recalculation of lab
utilities.
• (+$20,000.0) This program change is an increase to support the renewal of the Ann Arbor
Facility Energy Saving Performance Contract (ESPC), which supports the ability of
NVFEL to carry out its mission-critical work of certifying vehicle compliance.
• (+$30,116.0 / +42.0 FTE) This program change is an increase that supports program
activities to address the climate crisis. This includes the development of analytical
74 For more information, please see the DERA Fourth Report to Congress, July 2019, which may be found at:
https://wwwepa.gov/cleandiesel/clean-diesd-repoits-coiigress.
75 For more information, please visit https://www.epa.gov/ports-iiiitiative.
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methods, regulations, and analyses to support climate protection by controlling greenhouse
gas emissions from light duty, medium-duty, and heavy-duty vehicles. This investment
includes $8,065 million in payroll.
Statutory Authority:
Title II of the Clean Air Act; Motor Vehicle Information Cost Savings Act; Alternative Motor
Fuels Act of 1988; National Highway System Designation Act; Energy Policy Act of 1992; Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU);
Energy Policy Act of 2005; Energy Independence and Security Act of 2007.
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Enforcement
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Forensics Support
Program Area: Enforcement
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(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 A- Teclinolo^y
S1 !.-(>!
SI-t.000
s
si.xi:
Hazardous Substance Superfiind
$1,250
$1,145
$1,263
$118
Total Budget Authority
$13,010
$15,145
$16,795
$1,650
Total Workyears
59.9
68.9
70.3
1.4
Program Project Description:
The Forensics Support Program provides expert scientific and technical support for criminal and
civil environmental enforcement cases, as well as technical support for the Agency's compliance
efforts. EPA's National Enforcement Investigations Center (NEIC) is an environmental forensic
center accredited for both laboratory analysis and field sampling operations that generate
environmental data for law enforcement purposes. It is fully accredited under International
Standards Organization (ISO) 17025, the main standard used by testing and calibration
laboratories, as recommended by the National Academy of Sciences.76 The NEIC maintains a
sophisticated chemistry and physical science laboratory and a corps of highly trained inspectors
and scientists with expertise across environmental media. The NEIC works closely with EPA's
Criminal Enforcement Program to provide technical support (e.g., sampling, analysis,
consultation, and testimony) to criminal investigations. The NEIC also works closely with other
EPA programs to provide technical support, consultation, on-site inspection, investigation, and
case resolution services in support of the Agency's Civil Enforcement Program.
The Forensics Support Program will continue to provide expert scientific and technical support for
EPA's criminal and civil enforcement efforts, focus its work on collecting and analyzing materials
to characterize contamination, and attribute it to individual sources and/or facilities. The work
NEIC performs typically represents the most complex cases nationwide, requiring a level of
expertise and equipment not found elsewhere in EPA, as well as support to evaluate and leverage
emerging technologies.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Detect Violations and Promote
Compliance in the FY 2022 - 2026 EPA Strategic Plan.
76 Strengthening Forensic Science in the United States: A Path Forward, National Academy of Sciences, 2009, available at:
http://www.nap.edu/catalog.php7record id=12589.
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In FY 2023, the Agency requests an additional $1.5 million and 1.3 FTE to ensure EPA has the
capacity and technical expertise to investigate, analyze, sample, test, and transport
hydrofluorocarbons (HFCs). The Forensics Support Program provides expert scientific and
technical support for EPA's criminal and civil enforcement efforts. EPA will continue to provide
analytical and scientific support for environmental forensics to ensure compliance with
environmental laws, especially in overburdened, underserved, or vulnerable communities.
Additionally, EPA will support critical climate change initiatives, including forensics support of
climate change enforcement efforts both in civil and criminal enforcement. This is vital to EPA's
ability to enforce the hydrofluorocarbons (HFCs) phase down regulations which are imperative to
reducing climate impacts. NEIC will be making significant investments to assist with HFC-related
enforcement capabilities, including inspector training, acquisition of field sampling equipment,
and expansion of laboratory analytical capabilities to the meet the urgent demand for highly
complex HFC analysis.
Effective enforcement relies on the best available science. In FY 2023, NEIC will strengthen our
clean air and water protections, aligned with the Administration's goals to hold polluters
accountable for their actions and deliver environmental justice (EJ) in communities across
America. To achieve these goals, the Agency will employ NEIC's environmental forensics
expertise to investigate violations of environmental statutes and prosecute environmental crimes
in communities that are disproportionally affected by pollution and environmental crime, and to
target those areas more effectively. NEIC supports EJ by targeting critical industry inspections in
overburdened, underserved, or vulnerable communities, and utilizes the data we collect to work
with the EPA regional office to take enforcement action that could ultimately improve air and
water quality in such communities.
In FY 2023, NEIC will continue to streamline its forensics work and identify enhancements to the
Agency's sampling and analytical methods, using existing and emerging technology. The NEIC
also will build on its previous progress to maximize the efficiency and effectiveness of its
operations, ensure timely completion of civil inspection reports, improve procurement processes,
and continue to identify and implement further efficiencies in laboratory operations. Of paramount
importance, NEIC will build on the work completed in FY 2021 and FY 2022 to support criminal
and civil program efforts to combat climate change. The results of these efforts will inform EPA's
work in FY 2023 and beyond.
The NEIC will seek to grow its support of EPA enforcement and compliance assurance programs.
During FY 2019 and FY 2020, the NEIC accepted over 220 requests from all 10 EPA regions for
technical enforcement support. In addition, the NEIC provided testimony and expert reports in
support of over 28 cases covering a variety of highly technical areas.
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):
• (+$484.0) 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.
• (+$1,048.0 / +1.3 FTE) This program increase will ensure EPA has the capacity and
technical expertise to investigate, analyze, sample, test, and transport HFCs. The increase
in FTE will allow EPA analysts to research, assess, and coordinate with federal partners,
private industry, and task force members. This investment includes $229.0 thousand for
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); Act to Prevent Pollution from Ships (MARPOL
Annex VI); Asbestos Hazard Emergency Response Act; Clean Air Act; Clean Water Act;
Emergency Planning and Community Right-to-Know Act; Federal Insecticide, Fungicide, and
Rodenticide Act; Marine Protection, Research, and Sanctuaries Act; Mercury-Containing and
Rechargeable Battery Management Act; Noise Control Act; Oil Pollution Act; Resource
Conservation and Recovery Act; Rivers and Harbors Act; Safe Drinking Water Act; Small
Business Regulatory Enforcement Fairness Act; Toxic Substances Control Act; American
Innovation and Manufacturing Act.
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Homeland Security
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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
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Environmental Programs & Management
$733
$909
$1,014
$105
Science A- Technology
Wo.*
SI 0.3 SO
.S 1-1,520
S-l.l-lfi
Total Budget Authority
$10,386
$11,289
$15,540
$4,251
Total Workyears
23.7
26.6
32.6
6.0
Program Project Description:
Under the federal homeland security system, EPA is the Sector Risk Management Agency
responsible for implementing statutory and Presidential directives relating to homeland security
for the water sector. EPA's Water Security Program is implemented through close partnerships
with the water sector, state emergency response and water program officials, and other federal
agencies—most notably the Department of Homeland Security (DHS), the United States Army
Corps of Engineers, and the Intelligence Community. The Water Security Program engages
federal, state, and local entities in defining annual objectives and identifying high priorities for
immediate action.
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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Natural Disasters, Climate Change, and General Preparedness
Drought, floods, hurricanes, and other natural disasters represent a high risk to the water sector
owing to their frequency of occurrence, their enormous potential for destruction, and the
exacerbating effects of climate change. As evident from several recent natural disasters, the level
of preparedness within the water sector varies significantly—with many utilities lacking adequate
preparedness capabilities. In FY 2023, EPA will improve the preparedness of the water sector by
providing nationwide exercises and technical support to address natural disasters and general
preparedness with the objective to train water and wastewater systems, state officials, and
emergency response partners.
Climate change and associated extreme weather events directly threaten water systems' ability to
fulfill their public health and environmental missions as evident from the devastation borne by
events like Superstorm Sandy. The EPA Creating Resilient Water Utilities (CRWU) initiative
advances the long-term sustainability of the water sector by enabling utility owners and operators
to integrate climate change considerations into their routine planning practices. CRWU provides
innovative, but readily accessible, electronic tools that enable water systems to adapt to climate
change and enhance their resiliency.
Specifically, EPA will:
• Provide in-person or virtual exercises, workshops, and technical assistance to the water
sector, including Incident Command System / National Incident Management System
exercises; drought response; flood response; state functional exercises (e.g., scenarios of
hurricanes, floods, and earthquakes); resource typing and site access workshops; and
regional interstate emergency response exercises (e.g., hurricane).
• Integrate new climate proj ection data into the flagship climate risk assessment tool, Climate
Resilience Evaluation and Awareness Tool (CREAT), which incorporates the latest
projection data for precipitation, temperature, sea-level rise, storm surge components, and
hydrologic changes. EPA will continue to provide extensive nationwide training sessions
for drinking water and wastewater systems as well as a series of train-the-trainer forums
for technical assistance providers to reach smaller utilities, with a significant focus on
overburdened and underserved communities. EPA also will provide direct technical
assistance to large, medium, and small drinking water and wastewater utilities across the
country in the application of CREAT and other CRWU tools.
• Support the water sector in preparing for and responding to supply chain disruptions that
have the potential to impact the availability of water treatment chemicals and other critical
materials needed for drinking water and wastewater system operation by: 1) reviewing and
processing applications submitted under the authorities of SDWA 1441 and the Defense
Production Act; 2) providing direct technical assistance to water systems, state primacy
agencies, and other water sector stakeholders experiencing supply challenges that could
not be solved through local efforts; 3) assessing the supply chain for critical water treatment
chemicals in order to assess the risk of disruptions that could impact the water sector; and
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4) developing a platform for tracking and sharing information about emerging and ongoing
supply chain issues with the potential to impact water system operations.
• Conduct tabletop and functional exercises to improve the operation of intra-state and inter-
state mutual aid agreements among water utilities.
• Implement lessons learned from the most recent hurricane seasons, as identified by reports
from the Department of Homeland Security's Federal Emergency Management Agency,
the Water Agency Response Network, and EPA's Inspector General.
• Continue to address high priority security areas, as identified in the stakeholder generated
2017 Roadmap to a Secure and Resilient Water and Wastewater Sector,77 with an emphasis
on the following four priorities: 1) establishing the critical lifeline status of the drinking
water and wastewater sector and translating that definition into strong support for the
sector's needs and capabilities; 2) improving detection, response, and recovery to
contamination incidents; 3) advancing preparedness and improving capabilities of the
drinking water and wastewater sector for area-wide loss of water and power; and 4)
advancing recognition of vulnerabilities and needed responses related to cybersecurity risk
management.
• Conduct nationwide exercises with three critical, inter-dependent sectors: healthcare,
emergency services, and energy. Most incidents, particularly natural disasters, have
underscored the mutual reliance on the water sector with other lifeline sectors. Through
exercises and technical support with officials at the local, state, and federal levels from
these other sectors, EPA will seek to improve coordination among critical lifeline sectors.
• Sustain operation of the Water Desk in the Agency' s Emergency Operations Center in the
event of an emergency by updating roles and responsibilities, training staff in the incident
command structure, ensuring adequate staffing during activation of the desk, and
coordinating with EPA's regional field personnel and response partners.
• Develop annual assessments, as required under the National Infrastructure Protection
Plan,78 to describe existing water security efforts and progress in achieving the sector's key
metrics.
Water Security Initiative (WSI) and Water Laboratory Alliance (WLA)
Water Security Initiative. WSI addresses the risk of contamination of drinking water distribution
systems. It has designed and developed an effective system for timely detection and appropriate
response to drinking water contamination threats and incidents through a pilot program that has
broad application to the Nation's drinking water utilities in high-threat cities. The FY 2023 request
includes $4.8 million for necessary WSI Surveillance and Response System (SRS) activities to: 1)
continue refining technical assistance products based on the five full-scale SRS pilots; 2)
77For more information, please see:
https://www.waterisac.org/sites/default/files/public/2017_CIPAC Water_Sector_Roadmap FINAL_051217.pdf
78 For more information, please see: https://www.cisa.gov/national-infrastructure-protectioii-plaii.
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implement a monitoring and response program for water utilities focused on source water chemical
spills; and 3) provide direct technical assistance, as requested by water utilities, that seeks to
leverage EPA's expertise in deploying their own warning system.
In FY 2023, EPA will:
• Continue efforts to promote the water sector's adoption of Water Quality Surveillance and
Response Systems (WQ-SRS). EPA will facilitate user forums and promote the use of
available tools and material to design and implement a WQ-SRS. These capabilities will
help water systems rapidly detect and respond to water quality problems, such as
contamination in the distribution system, to reduce public health and economic
consequences.
• Build upon the Drinking Water Mapping Application to Protect Source Waters
(DWMAPS)79 and the new chemical spill and storage notification requirements in the
America's Water Infrastructure Act of 2018 (AWIA). EPA will continue to collaborate
with water sector stakeholders, water utilities, and state environmental agencies, to identify
specific information (e.g., what chemicals are stored upstream from a surface water intake),
including Emergency Planning and Community Right-to-Know Act (EPCRA) Tier 2 data,
that is valuable to creating a comprehensive source water contamination threat inventory.
EPA will develop guidance and a comprehensive listing of state and federal information
resources that can be used to identify potential sources of contamination. This effort will
help to ensure that drinking water utilities have access to the basic information (e.g., what
chemicals are stored upstream from a surface water intake) necessary for understanding
the risk of releases to their sources of drinking water, as required under AWIA Section
2013, and take steps to mitigate those risks.
• Provide technical support to EPA regions, state primacy agencies, and water systems
during response to contamination incidents. EPA's Water Program has been providing
technical assistance on contamination response for several years (e.g., following wildfires,
following the jet fuel contamination incident in Honolulu, Hawaii) and anticipates that
requests for this type of support will continue.
• Support water sector assessments of contamination detection and response capabilities
through direct assessments of online water quality monitoring capabilities. EPA also will
promote the SRS Capabilities Assessment Tool, an easy to use, web-based, decision
support tool that presents the user with a series of questions to assess existing detection and
response capabilities, compare these existing capabilities to a target capability, and identify
potential enhancements to address gaps between the existing and target capabilities.
• Continue the successful SRS implementation pilot program80 within the water sector. The
purpose of the SRS Program is to: demonstrate the application of SRS tools in designing
and operating an early warning system for contamination events; illustrate additional
79 For more information, please see: https://www.epa.gov/sourcewaterprotection/drinking-water-mapping-application-protect-
source-waters-dwmaps.
80 For more information, please see: https://www.epa.gov/waterqualitysurveillance.
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applications of SRS tools, such as extending the SRS approach to source water monitoring;
and identify champions, within the water sector, for implementing surveillance and
response systems.
Water Laboratory Alliance (WLA). In a contamination event, the sheer volume or unconventional
type of samples requiring analysis could quickly overwhelm the capacity or capability of a single
laboratory. To address this potential deficiency, EPA has established the national WLA comprised
of laboratories from the local (e.g., water utility) to the federal level (e.g., the Centers for Disease
Control and Prevention's Laboratory Response Network). In FY 2023, EPA will continue to
promote, through exercises, expert workshops, and association partnerships, the WLA Plan.81 The
plan provides a protocol for coordinated laboratory response to a surge of analytical needs.
Approximately 30 exercises or workshops will be completed in FY 2022. In FY 2023, under WLA,
EPA plans to train approximately 50 laboratories to improve their ability to handle potential
problems associated with surge capacity and analytical method capabilities during an emergency.
In FY 2023, EPA will:
• Continue to work with regional and state environmental laboratories to conduct exercises
and continue efforts to automate the exercises, enabling laboratories and other members of
the water sector to participate in exercises simultaneously and continue the innovative
practice of pursuing validation of methods through exercises.
• Continue to expand the membership of the WLA with the intention of achieving nationwide
coverage. The WLA has 160 member laboratories that are geographically diverse and can
provide a wide range of chemical, biological, and radiological analyses.82 For the WLA to
become a robust network that can cover major population centers and address a diverse
array of high priority contaminants, membership must continue to increase.
• Develop protocols for flushing contaminated premise plumbing systems that are based on
the best available science and validated through both pilot-scale demonstration and
computer simulation. Response to previous water contamination incidents has
demonstrated inconsistent approaches to flushing premise plumbing systems, some of
which could spread contamination further into the system. Science-based protocols that are
adaptable to the specific conditions of an incident are important for responding to a range
of distribution system contamination incidents, including release of volatile organic
chemicals following exposure of pipe to high temperatures (e.g., as experienced during
wildfires).
• Continue to implement specific recommendations of the Water Decontamination Strategy
as developed by EPA and water sector stakeholders (e.g., defining roles and responsibilities
of local, state, and federal agencies during an event).
81 For more information, please see: https://www.epa.gov/waterlabnetwork.
82 For more information, please see: https://www.epa.gov/dwlabcert/contact-infoniiation-certification-programs-and-certified-
laboratories-drinking-water.
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Cybersecurity
Cybersecurity represents a substantial concern for the water sector, given the ubiquitous access to
critical water treatment systems from the internet. Recent attacks by outside actors and their clear
potential to disrupt essential lifeline services, such as drinking water supplies, are prompting a
growing recognition that the federal government should adopt a more aggressive posture towards
cybersecurity. EPA will continue working with each state, territory, and tribe to develop and train
a cadre of technical assistance providers who can work directly with individual water systems to
assess and enhance their cybersecurity practices. This multi-year effort requires EPA to work with
the Nation's 52,000 community water systems, many of which have limited or no technical
capacity to address cybersecurity issues. EPA also will seek to integrate cybersecurity training into
their sanitary survey assessments.
In addition to expanding direct technical assistance, and in discussions with the National Security
Council, EPA is exploring regulatory and statutory options in the near-term for improving the
water sector's cybersecurity posture.
In FY 2023, EPA will continue to fulfill its obligations under Executive Order 13636: Improving
Critical Infrastructure Cybersecurity,83 which designated EPA as the lead federal agency
responsible for cybersecurity in the water sector. EPA will partner with the water sector to promote
cybersecurity practices and gauge progress in the sector's implementation of these practices as
directed by the Cybersecurity Enhancement Act of 2014. EPA will be conducting nationwide
exercises and providing technical support on cybersecurity threats and countermeasures for about
200 water and wastewater utilities.
In FY 2023, EPA will evaluate its existing Cybersecurity Action Plan, as informed by recent
discussions under the auspices of the National Security Council. The Agency also will review other
strategic planning documents pertaining to the water sector to identify and clarify any opportunities
to enhance the Agency's mission to improve the cybersecurity posture of the sector. Additionally,
EPA's Office of Water and Office of Homeland Security will continue to develop an integrated
strategy to work together more effectively to coordinate drinking water and wastewater sector-
wide cybersecurity threat information and intelligence sharing efforts.
EPA will:
• Pursuant to regulatory and statutory requirements, EPA intends to issue guidance
documents and conduct a national training program for states on evaluating cybersecurity
practices at public water systems. In addition, EPA expects to provide corresponding
guidance materials and training to help public water systems understand and strengthen the
cybersecurity practices that may be assessed during a state survey and/or as a result of
future statutory requirements. EPA plans to offer targeted training on the guidance
documents to all public water systems and all states.
83 For more information, please see: https://www.dhs.gov/publication/executive-order-13636-improving-critical-iiifrastructure-
cybersecurity.
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• Continue to expand the Cybersecurity Technical Assistance Provider Initiative, an effort
which recognizes that many water systems, particularly rural and small systems and
systems in underserved and overburdened communities, will not adopt cybersecurity
practices without direct assistance. This effort trains a cadre of state and regional water
sector technical assistance providers to assess cybersecurity practices at water and
wastewater systems and guide systems through developing a cybersecurity action plan to
reduce risks and enhance resilience.
• As required by Section 50113 of the Drinking Water and Wastewater Infrastructure Act of
2021, EPA, beginning in FY 2022, will develop an annual Cybersecurity Prioritization
Framework to identify water systems whose disruption would lead to significant public
health impacts. Based upon the Prioritization Framework, EPA will need to develop and
implement a cybersecurity technical support plan for these systems.
• In FY 2022, EPA launched the Industrial Control Systems Cybersecurity Initiative - Water
and Wastewater Sector Action Plan to promote and support the water sector's adoption of
strategies for the early detection of cyber-threats and allow for the rapid sharing of cyber-
threat data across the government to expedite analyses and action. This initiative will
continue into FY 2023.
• Conduct classroom exercises, at locations across the country, on water sector
cybersecurity. The exercises will address cybersecurity threats (including ransomware),
vulnerabilities, consequences, best practices, and incident response planning.
• Update and/or develop new course materials to respond to the evolving nature of
cybersecurity threats. One example of such updates are the FY 2022 alerts and training
concerning the potential for Russian-state actors to infiltrate water system industrial control
processes and business enterprise functions.
AWIA
In FY 2023, EPA will continue its efforts to fulfill the mandates of the Community Water System
Risk and Resilience section of AWIA. It requires community water systems, serving more than
3,300 people, to prepare risk assessments and emergency response plans. EPA will provide
technical assistance to these systems on how to conduct risk and resilience assessments (RRAs),
prepare Emergency Response Plans (ERPs), and certify completion of these assessments and
plans. In FY 2022, EPA completed four trainings on preparation of RRAs and ERPs. Additionally,
100 percent of large systems, 100 percent of medium systems, and 89 percent of small systems
have certified the completion of their RRAs, while over 99 percent of large systems, over 99
percent of medium systems, and over 82 percent of small systems have certified the completion of
their ERPs. EPA also will provide technical assistance to water systems to address drinking water
vulnerabilities where EPA determines an urgent and immediate need exists.
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Performance Measure Targets:
(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
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$238.0) 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.
• (+$3,908.0 / +6.0 FTE) This program change is an increase of resources and FTE to
enhance cyber incident preparation, response, recovery, information sharing, and
intelligence for water utilities to protect infrastructure. This includes $1,072 million in
payroll.
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: Preparedness, Response, and Recovery
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
Scii'iuc A- lecliiwloxy
S21.X"
S2-I.X52
S25.SVO
SI.OJS
Hazardous Substance Superfiind
$31,897
$33,020
$43,796
$10,776
Total Budget Authority
$53,774
$57,872
$69,686
$11,814
Total Workyears
127.2
124.1
125.8
1.7
Program Project Description:
Exposure to hazardous chemical agents, microbial pathogens, and radiological materials
released into the environment could pose catastrophic consequences to the health of first
responders and American citizens. EPA has responsibility, under legislation and Presidential
Directives, to remediate contaminated environments created by incidents such as terrorist attacks,
industrial accidents, or natural disasters.
EPA's disaster-related research responsibilities under the Homeland Security Research Program
(HSRP) are: 1) contaminant characterization and consequence assessment; 2) environmental
cleanup and infrastructure remediation; and 3) systems approaches to preparedness and response.
The research conducted supports EPA to carry out its primary mission essential function to help
communities prepare for, endure, and recover from disasters - safeguarding their economic,
environmental, and social well-being. Researchers within the HSRP collaborate with state, local,
tribes, private sector organizations, and key federal agencies84 to prioritize research needs and
prevent the duplication of scientific and technical work. The HSRP delivers effective tools,
methods, information, and guidance to local, tribal, state, and federal decision-makers that address
both critical terrorism-related issues and natural or manmade disasters.
EPA also is responsible for operating and maintaining the network of near real-time radiation
monitors, known as RadNet, under the Nuclear/Radiological Incident Annex to the National
Response Framework. This network is critical in responding to large-scale incidents such as the
accident at the Fukushima nuclear facility and is an EPA Critical Infrastructure/Key Resource asset.
This monitoring network is supported by the IT system known as ARaDS, the Analytical Radiation
Data System.
84 Partners include: Department of Homeland Security (DHS), Department of Defense (DOD), Centers for Disease Control and
Prevention (CDC), Federal Bureau of Investigation (FBI), National Institute of Health (NIH), National Science Foundation
(NSF), Department of Energy (DOE), and Department of Agriculture (USDA).
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Recent Accomplishments Include:85
Supporting COVID-19 Response. EPA researchers worked with program and regional office
partners and with other federal, state, and local stakeholders (including CDC, DHS, the New York
City Metro Transit Authority, the Los Angeles Metro, and many others) to provide timely and
reliable information to address Agency and stakeholder research needs related to COVID-19. The
research and technical support provided was used by EPA and other stakeholders to make informed
decisions, develop federal guidance, and support strategies and investments. The research focused
on determining the effectiveness of:
• Available products and methods for cleaning and disinfecting real-world surfaces
• UV-C systems and ozone generation devices for surface disinfection
• Technologies to reduce airborne transmission
• New analytical approaches for environmental samples that reduce time for analyses results
• Ways to routinely disinfect common personal protective equipment such as masks, face
shields, and clothing
EPA regularly updated and communicated research findings to a wide audience via webinars (with
attendance in the thousands) with interim results posted on the EPA COVID-19 research website.86
The Agency also held regular meetings with federal, tribal, state, and local governments.
Improving Preparedness for Bio-incident Response. EPA researchers significantly advanced
capabilities to respond to a biological incident. Environmental sampling is critical for effective
response to bio-incidents, specifically to address persistent biological agents like Bacillus
anthracis spores or other pathogens that can survive or propagate in the environment (e.g., in
biofilm or other host vectors). Various sampling methods were developed and evaluated to
characterize potentially contaminated indoor sites and support cleaning.87'88'89 EPA researchers
developed methods to effectively sample complex, outdoor environmental surfaces for the
presence of biological threats (specifically, B. anthracis spores) and developed tools to generate
incident specific characterization strategies (Trade-Off Tool for Sampling, TOTS).90 These
methods, tools, and information will help responders determine which sampling methods to
consider for their specific situation and develop the most effective sampling strategies to protect
human health.
Improving Wastewater Infrastructure Preparedness. Wide area outdoor contamination incidents,
whether they be chemical, biological, or radiological, can be intensified by rain events. Rainfall
can wash contamination over outdoor areas, or into stormwater, or combined wastewater systems,
which increases the contaminated area. Management of contaminated water is often an after-
thought when first responding to a natural or human caused disaster. To help stormwater managers
fulfill their emergency response responsibilities within the United States' National Incident
85 For a more complete view of accomplishments, please see: https://www.epa.gov/research/national-research-programs.
86 For more information, please see: https://www.epa.gov/covidl9-research.
87 For more information, please see: https://cfpub.epa.gov/si/si public record Report.cfm?dirEntryId=352037&Lab=CESER.
88 For more information, please see: https://cfpub.epa.gov/si/si public record Report.cfm?dirEntryId=352038&Lab=CESER.
89 For more information, please see: https://cfpub.epa.gov/si/sijublic record Report.cfm?dirEntryId=352040&Lab=CESER.
90 For more information, please see: https://cfpub.epa.gov/si/si public record Report.cfm?dirEntryId=350224&Lab=CESER.
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Management System,91 EPA researchers developed a method to help them make decisions about
the allocation of containment and treatment resources within an impacted area.
Additionally, it is unknown how radionuclides, which are radioactive forms of elements, interact
with stormwater or combined sewage collection system infrastructure, but long-term persistence
and release could have significant impacts on wastewater operations. Data generated during a
study by EPA researchers on the persistence and fate and transport of radionuclides will help
wastewater utilities make decisions about treating, storing, or diverting contamination after a
radionuclide contamination incident that affects their systems.92
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.
Research is planned and prioritized based on the needs of end-users of this science, including
Regional On-Scene Coordinators, water utility companies, states, and EPA program and regional
offices.
Contaminant Characterization and Risk Assessment. Contaminant characterization provides
essential information that helps determine the extent and nature of an environmental contamination
and plan effective response actions. Information on contaminant characterization, coupled with an
understanding of exposure potential, can be used to inform the potential consequences of a
contamination on public health. Furthermore, understanding the fate and transport of contaminants
in the environment will ensure proper contaminant characterization. Following chemical, biological,
and radiological incidents, EPA may support or lead site characterization, remediation, and
management of waste in the contaminated environment. Additional characterization of the site may
be required during cleanup operations to assess progress and determine waste streams and to inform
site re-occupancy and reuse decisions (sometimes referred to as clearance decisions).
In FY 2023, HSRP will:
• Conduct research to understand the transport of communicable disease agents, including
consideration of impacts as a function of social, economic, and environmental
vulnerabilities.
• Develop rapid and widely available sample collection methods for indoor and outdoor
environmental matrices for target biological and chemical agents.
• Develop sampling strategy and data management tools for wide-area chemical and
biological incidents for urban wide-area environments. These tools will incorporate data
1 For more information, please see:
report. cfm?dirEntryId=350959&Lab=CESER&subject=Homeland%20Security%20Re
search&view=desc&sortbv=PubDateYear&showcriteria=li
icount=25&searchall=%27homeland%20securitv%27%20AND%20
%27water%20securitY%27%20NOT%20(presentation%20(
)R%20poster)&datebesinpublishedpresented=01/01/2003.
92 For more information, please see:
search&view=desc&sortbv=PubDateYear&showcriteria=li
icount=25&searchall=%27homeland%20securitv%27%20AND%20
%27water%20securitv%27%20NOT%20(presentation%20(
)R%20poster)&datebeeinpublishedpresented=01/01/2003,
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layers enabling assessment of environmental justice factors to inform response decision
making.
Environmental Cleanup and Infrastructure Remediation. Remediating chemical, biological, and
radiological contamination released over wide areas including indoor and outdoor areas, critical
infrastructures, or impacted water systems, is a responsibility for which EPA needs to accumulate
operational experience. Such a release can pose a continual challenge with long-standing
consequences. Chemical, biological, and radiological environmental contamination that can
impact human health and welfare can result from intentional acts or from the increasing severity
and occurrence of natural disasters due to climate change. HSRP research aims to fill the most
critical scientific gaps in the capabilities of EPA's response community so that the Agency can
make the most informed mitigation and remediation decisions. As the lead federal agency
overseeing the water sector, EPA addresses water sector research needs identified by the Water
Sector Coordinating Council and the Water Government Coordinating Council's Critical
Infrastructure Partnership Advisory Council.93
In FY 2023, HSRP will:
• Develop decontamination methods for biological agents that can effectively minimize the
risk of transmission from environmental matrices, including research useful to support
reducing environmental transmission in pandemic or other naturally occurring outbreaks;
• Develop decontamination methods for chemical agent contaminated areas, including
methods for non-traditional agents and opioids;
• Conduct cybersecurity research to assess the impact a cyberattack will have on the drinking
water infrastructure;
• Evaluate water system security and assess resilience for wastewater, stormwater, and home
plumbing;
• Assess the impact of high consequence pathogens on wastewater treatment plant
operations; and
• Develop integrated waste management tools for all hazards with enhancements to estimate
waste volumes and social implications of disaster waste and materials management. These
tools will incorporate environmental justice data to inform decision making. These tools
are developed to be applicable to debris from intentional incidents as well as natural
disasters.
Community Engagement and Systems-Based Tools Supporting Resilience Equity. Transitioning
research into reliable and field usable capabilities involves ensuring that decision makers and
responders have knowledge of and access to the latest information. Effective technical support and
decision-support tools will be developed to ensure that information is readily and easily accessible
to decision makers and stakeholders throughout response and recovery efforts. In FY 2023, HSRP
will:
93 The Water Sector Coordinating Council is a "self-organized, self-run, and self-governed council" composed of water utilities.
The Water Government Coordinating Council is responsible for interagency coordination of efforts related to the water sector.
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• Develop decision-support tools and resources to improve environmental justice,
community resilience, risk communication, risk perception, and human behavior during
disaster preparedness, response, and recovery; and
• Develop a data management tool to enhance data usability and availability for wide area
response and recovery from natural and man-made disasters.
Radiation Monitoring. The RadNet fixed monitoring network provides near real-time radiation
monitoring coverage near each of the 100 most populous U.S. cities, as well as expanded
geographic coverage for a total of 140 monitoring sites. The RadNet air monitoring network
provides the Agency, first responders, and the public with greater access to data. Should there be
a radiological emergency, RadNet improves officials' ability to make decisions about protecting
public health and the environment during and after the incident. Additionally, RadNet data is used
by scientists to better characterize the effect of a radiological incident.
In FY 2023, the Agency will continue to operate the RadNet air monitoring network, continue to
add exposure rate meter capability to the network, and provide essential maintenance to the
network. To best maximize resources, exposure rate meter capability will be added to monitors
when needed repairs are called for. This expansion will enhance the federal government's ability
to effectively communicate radiation measurement information to the public and to non-technical
decision makers after a radiological release. In addition to aiding in explaining data to the public
and decision makers, the addition of exposure rate meters aligns EPA's monitoring system with
that of the international community.
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 stakeholders.
EPA's Research and Development Program, ORD, ensures 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.
• State Engagement
o EPA's state engagement94 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.
• Tribal Partnerships
94 For more information, please see: fattps://www.epa.gov/research/epa-researcli-solutioiis-states.
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o 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: Chemical Safety and
Sustainability Program under the S&T appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$964.0) 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.
• (-$228.0) This change to fixed and other costs is a decrease due to the recalculation of lab
fixed costs.
• (+$306.0 / + 1.7 FTE) This program change is an increase in resources and FTE to support
research efforts to identify and address emerging threats to the water sector. This includes
$300.0 thousand in payroll.
• (-$4.0) This program change is a decrease in resources for radiological emergency
preparedness.
Statutory Authority:
Atomic Energy Act of 1954; Clean Air Act, §§ 102, 103; Safe Drinking Water Act, §§ 1431-1435,
1442; Robert T. Stafford Disaster Relief and Emergency Assistance Act; National Defense
Authorization Act for Fiscal Year 1997, §§ 1411-1412; Public Health Security and
Bioterrorism Preparedness and Response Act of 2002; Toxic Substances Control Act, § 10; Oil
Pollution Act; Pollution Prevention Act; Resource Conservation and Recovery Act; Emergency
Planning and Community Right-to-Know Act; Clean Water Act; Federal Insecticide, Fungicide,
and Rodenticide Act; Federal Food, Drug, and Cosmetic Act; Food Quality Protection Act;
Food Safety Modernization Act, §§ 203, 208.
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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
Environmental Programs & Management
$4,915
$4,959
$5,139
$180
Science A- Technology
S 500
S 50!
S 501
SO
Building and Facilities
$7,006
$6,676
$6,676
$0
Hazardous Substance Superfiind
$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:
This program supports activities to ensure that EPA's physical structures and assets are secure and
operational and that physical security measures are in place to help safeguard staff in the event
of an emergency. These efforts also protect EPA's vital laboratory infrastructure and testing
assets. Specifically, funds within this appropriation support security needs for the National
Vehicle and Fuel Emissions Laboratory (NVFEL).
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 Agency will continue to provide enhanced physical security for the NVFEL, its
employees, visitors, and test articles, which include prototype vehicles and engines. This funding
supports the cost of security enhancements required as part of an Agency security assessment
review.
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.
Ill
-------
Statutory Authority:
Intelligence Reform and Terrorism Prevention Act of 2004; Homeland Security Act of 2002;
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).
112
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Indoor Air and Radiation
113
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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
Environmental Programs &. Management
$2,224
S3.136
$5,004
$1,868
Scii'iici' A- t echnology
$112
S/."
$157
SO
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 risks posed by exposures 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 on 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.95 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 conduct 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 are still in need of
mitigation. This voluntary program promotes partnerships between national organizations, the
private sector, and more than 50 state, local, and tribal governmental programs to reduce radon
risk.
This program, combined with the Indoor Air: Radon EPM Program, supports the EPA Radon
Reference and Intercomparison Program (ERRIP) of the National Air and Radiation
Environmental Laboratory (NAREL) in Montgomery, Alabama. The ERRIP is the only federal
National Institute of Standards and Technology (NIST) traceable primary radon reference and
calibration program accessible to the U.S. radon industry and is a critical element of the framework
for promoting the availability of reliable, quality radon services for the public.
95 For more information, please see: fattps://www.epa.gov/radoii.
114
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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 provide radon reference intercomparison samples to secondary radon chambers (known
as ERRIP participants) operating in the United States to analyze. EPA then submits the radon
reference data to the Radon Accrediting Board(s) to evaluate and assess the performance of the
ERRIP participant. EPA will update and modernize program equipment and perform required
QA/QC on program analytical process and procedures.
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):
• There is no change in program funding.
Statutory Authority:
Title III of the Toxic Substances Control Act (TSCA).
115
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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
Environmental Programs &. Management
po
I-.J
00
$7,661
$10,588
$2,927
Scii'iici' A- t echnology
$1,645
SI, ~.iS
$2,224
S 4SV
Hazardous Substance Superfiind
$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 supports waste site characterization and cleanup by providing field and fixed laboratory
environmental radiological and radioanalytical data and technical support, providing
radioanalytical training to state and federal partners, and developing new and improved
radioanalytical methods and field measurement technologies. In the event of a radiological
accident or incident, the National Analytical Radiation Environmental Laboratory in Montgomery,
Alabama, and the National Center for Radiation Field Operations in Las Vegas, Nevada, provide
analytical and field operation support for radioanalytical testing, quality assurance, analysis of
environmental samples, and field measurement systems and equipment to support site assessment,
cleanup, and response activities. Support to these sites, including those disproportionately
impacted by environmental justice issues, is based on requests from EPA and the Regions.
Together, these organizations provide technical support for conducting site-specific radiological
characterizations and cleanups.
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, in cooperation with states, tribes, and other federal agencies, will provide
ongoing site characterization and analytical support for site assessment activities, remediation
technologies, and measurement and information systems. EPA also will provide essential training
and direct site assistance, including field surveys and monitoring, laboratory analyses, health and
safety, and risk assessment support at sites with actual or suspected radioactive contamination.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
116
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$85.0) 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.
• (-$180.0) This change to fixed and other costs is a decrease due to the recalculation of lab
utilities.
• (+$584.0 / +2.2 FTE) This program change is an increase that supports addressing critical
gaps in EPA's radiological protection capacity including the ability to provide ongoing site
characterization and analytical support for site assessment activities, remediation
technologies, and measurement and information systems. This investment includes $384.0
thousand 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.
117
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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
Environmental Programs &. Management
$2,703
$2,404
$3,004
$600
Scii'iici' A- t echnology
$3,063
S3.0W,
S-/.3S3
$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:
The National Analytical Radiation Environmental Laboratory (NAREL) in Montgomery, Alabama,
and the National Center for Radiation Field Operations (NCRFO) in Las Vegas, Nevada, provide
laboratory analyses and field sampling and analyses to respond to radiological and nuclear
incidents. This work includes measuring and monitoring radioactive materials and assessing
radioactive contamination in the environment. This program comprises direct scientific field and
laboratory activities to support preparedness, planning, training, and procedure development. In
addition, program personnel are members of EPA's Radiological Emergency Response Team
(RERT), a component of the Agency's emergency response program, and are trained to provide
direct expert scientific and technical assistance. EPA's RERT is part of the Nuclear Incident
Response Team under the Department of Homeland Security.
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's RERT will provide critical support for federal radiological emergency response
and recovery operations under the National Response Framework and the National Oil and
Hazardous Substances Pollution Contingency Plan. When necessary, EPA's RERT will
complement routine operations (e.g., on-site technical support/consultation, fixed laboratory, and
mobile laboratory analyses) and provide for the rapid collection of field measurements/samples and
accurate radionuclide analyses of environmental samples.96
In FY 2023, NAREL and NCRFO will build capacity in core levels of readiness for radiological
emergency responses; participate in critical emergency exercises; and respond, as required, to
radiological incidents. NAREL and NCRFO will prioritize rapid deployment capabilities to ensure
that field teams and laboratory personnel are ready to provide scientific data, field measurement
96 For additional information, please visit: https://www.epa.gov/radiation/radiological-emergency-response.
118
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capabilities, analyses, and updated analytical techniques for radiation emergency response
programs across the Agency.
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):
• (+$170.0) 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.
• (+$110.0) This change to fixed and other costs is an increase due to the recalculation of lab
utilities.
• (+$1,007.0 / +5.0 FTE) This program change is an increase to support activities for
preparedness work, including basic laboratory analytic functions and field operations. This
investment includes $769.0 thousand in payroll.
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).
119
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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
Environmental Programs &. Management
SI 0.968
SI 1.750
S23.542
SI 1.792
Scii'iici' A- t echnology
$296
SI 01
S /".?
$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.97 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 to equip 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.
Tribes have identified indoor air quality as a high priority and often bear disproportionately high
impacts from poor indoor air quality. For example, Native Americans and Alaska Natives
disproportionately suffer from asthma, in part due to poor housing conditions and the associated
increase in exposure to indoor air pollutants.
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.
Under this program, EPA will maintain indoor air monitoring and assessment equipment, conduct
field measurements and assessments, and provide technical support and guidance for indoor air
quality remediations, with a primary focus on assistance to tribal communities. In addition, EPA
97 For more information, please see: https://www.epa.gov/iaq
120
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will conduct training and capacity building for tribal air quality professionals on indoor air
assessments and field measurement technology and practices, including radon.
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):
• (+$11.0) 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.
• (+$1.0) This program change is an increase in support to restore capacity in the program
including field measurements and assessments, technical support, capacity building, and
training for tribal communities.
Statutory Authority:
Title IV SARA; Title III Toxic Substances Control Act; Clean Air Act.
121
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IT / Data Management / Security
122
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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
Environmental Programs & Management
$74,013
$82,715
$98,452
$15,737
Scii'iuc JS lecliiwloxy
$2,782
sj.ir:
SJ.IV5
S/J.-J
Hazardous Substance Superfiind
$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. Science and Technology (S&T) resources for EPA's IT/DM Program fund the
following activities: Quality Program,98 EPA National Library Network, and One EPA Web.
The Quality Program provides quality policy, procedures, standards, and guidance for
environmental information collection, production, evaluation, or use activities. These activities are
performed by or for the Agency to ensure sound decisions are based on quality to support their
intended use as we strive to protect human health and the environment. The Quality Program
provides Quality Assurance (QA) directives, training, oversight, and technical support to assist
EPA organizations in implementing their Quality Program for environmental information
operations. It also oversees the implementation of EPA's Information Quality Guidelines (IQGs).
EPA's National Library Network provides information resources and services to EPA staff and the
public in support of EPA's mission. One EPA Web provides accessible, relevant, timely, accurate,
and complete environmental information to the public through EPA's internet pages, primarily
https://www.epa. gov/.
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.
98 For more information about EPA's Quality Program, please see: http://www.epa.gov/qualitv.
123
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EPA's Quality Program provides support to all EPA organizations that have environmental
information operations described in an approved Quality Management Plan (QMP) in
implementing EPA's Quality Program. In FY 2023, the Quality Program will:
• Assess organizations that have an approved QMP and identify findings requiring corrective
action, areas needing improvement, and leveraging best practices.
• Focus on promoting sound science and ensure scientific integrity by promoting better planning
to produce improved environmental information. Evaluate environmental information through
use of the QA Annual Report and Work Plan and annual certification by Assistant and Regional
Administrators.
• Manage and provide oversight for the IQGs to ensure that information disseminated by or
for EPA conforms with the Guidelines for Ensuring and Maximizing the Quality,
Objectivity, Utility and Integrity of Information Disseminated by the Environmental
Protection Agency" criteria. The Quality Program will facilitate the development of the
Agency's responses to public requests for correction and reconsideration of information
disseminated by EPA and report this information to the Office of Management and Budget
(OMB). The Quality Program also will continue to focus on implementing
recommendations from the Office of Inspector General (OIG) Audit Report, EPA Needs to
Address Internal Control Deficiencies in the Agencywide Quality System.100 The Program
will give priority to implementation of revised Quality Directives for QMPs and Quality
Assurance Project Plans, and the IQGs.
• Engage as a resource with EPA's state and tribal partners and environmental justice
communities and support the Climate Change Program to ensure QA processes and
procedures are in place to protect human health and the environment.
The Agency's S&T resources for IT/DM also will help provide library services through the EPA
National Library Network to all EPA employees and environmental information access to the
public, as well as support the hosting of EPA's websites and web pages. 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.
In FY 2023, EPA will work to transform the Agency's libraries to meet the needs of the 21st
Century. This involves operating in an increasingly online and mobile environment; providing
services and resources at the customer's point of need; prioritizing the thorough assessment of
print materials to support strategic space usage; utilizing detailed data to ensure print collections
are highly relevant to the Agency's needs and centralizing core services; and relying on technology
and a team of professional librarians to disseminate information and connect people to resources
they need to support the demands of both internal and external requests.
99 For more information, please see: https://www.epa.gov/qualitv/guidelines-ensuriiig-aiid-maxiiiiizing-quality-obiectivitv-utilitv-
and-integrity-information.
100 For more information, please see: https://www.epa.gov/ofFice-inspector-general/report-epa-needs-address-intemal-control-
deficiencies-agencywide-quality.
124
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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):
• (+$123.0) 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 critical IT infrastructure and data management programs.
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.
125
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Operations and Administration
126
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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
S257.524
$285.441
$288,293
$2,852
Scii'iuc JS lecliiwloxy
$65,093
S(> '.500
sr,s.vi2
S 1,-112
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
Flazardous Substance Superfiind
$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 workyears in FY 2023 include 5.4 FTE to support Facilities Infrastructure and Operations working capital fund
(WCF) services.
Program Project Description:
Science and Technology (S&T) 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 FY2022 - 2026EPA Strategic Plan.
In FY 2023, the Agency requests an investment of approximately $1.4 million to support
agencywide 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 4465,101 the Federal Assets Sale
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
101 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.
127
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2023, the Agency is requesting $29.45 million for rent, $17.23 million for utilities, and $11.58
million for security in the S&T 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.,
electrical, water/steam, HVAC) is necessary to meet the Administration's climate sustainability
goals. Additionally, in 2023, EPA will continue to transition to electric vehicles through direct
purchase (mobile lab vehicles) or lease through 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.
Performance Measure Targets:
Work under this program supports performance results in the Facilities Infrastructure and
Operations Program under the EPM appropriation.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,412.0) This net program change is an increase to support EPA facilities projects that
will ensure EPA has optimal footprint to support the proposed FTE increase in the FY 2023
Budget request, continue ongoing EPA laboratory consolidation projects, and support
agencywide climate sustainability and resiliency initiatives. This increase is partially offset
by a decrease in rent, utilities, security, 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).
129
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Pesticides Licensing
130
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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
Environmental Programs & Management
$58,124
$60,181
$62,726
$2,545
Scii'iici' A- t echnology
S2M1
S2.N03
.S 2.VJ-
SIN
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:
EPA's Pesticide Program screens new pesticides before they reach the market and ensures that
pesticides already in commerce are safe. As directed by the Federal Insecticide, Fungicide, and
Rodenticide Act (F1FRA), 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),102 EPA is responsible for registering and re-evaluating pesticides
to protect consumers, pesticide users, workers who may be exposed to pesticides, children, and
other sensitive populations. To make regulatory decisions and establish tolerances (e.g., maximum
allowable pesticide residues on food and feed) for food use pesticides and for residential or non-
occupational use, EPA must find the pesticide safe. This involves considering cumulative and
aggregate risks and ensuring extra protection for children as required by the FQPA. Aggregate
assessments ensure that there is reasonable certainty that no harm will result from aggregate
exposure to the pesticide chemical residue, including all anticipated dietary exposure and all other
exposure for which there is reliable information. For cumulative assessments, the Agency is
required to consider available information concerning the cumulative effects of such residues and
other substances that have a common mechanism of toxicity. The Agency must balance the risks
and benefits of other uses. For antimicrobial pesticides with public health claims, EPA requires
that manufacturers perform tests to ensure the efficacy (i.e., performance) of products per the
labelling. In response to the ongoing COVID-19 pandemic and in anticipation of future public
health emergencies, the Pesticide Program evaluates public health claims for antimicrobial
products, including the accelerated availability of disinfectants determined to be effective against
SARS-CoV-2 and development of study designs to support the generation of innovative products,
including those that can reduce airborne transmission of the virus.
102 On Friday, March 8, 2019, the Pesticide Registration Improvement Extension Act of 2018 (PRIA 4), which reauthorizes PRIA
for 5 years through fiscal year 2023 and updates the fee collection provisions of the FIFRA, was signed into law.
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Under the Science and Technology appropriation, this program operates two laboratories, the
Microbiology Laboratory103 and the Analytical Chemistry Laboratory,104 that support the goal of
protecting human health and the environment through diverse analytical testing, and analytical
method development and validation efforts. These laboratories provide a variety of technical
services to EPA, other federal and state agencies, tribal nations, and other organizations to protect
human health from pesticide risk.
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 Microbiology Laboratory will continue to protect human health by ensuring the availability
of scientifically sound efficacy test methods for antimicrobial pesticides (e.g., hospital
disinfectants used to treat surfaces). By developing new methods for new uses and emerging
pathogens, the regulated community can register new products as well as new claims for existing
products. These efforts will have an impact on the public because of the critical support the
Laboratory provides to inform regulatory actions for public health pesticides, identify pathways
for approval of pathogen-specific claims, and allow for marketplace penetration of these products.
Specifically, in FY 2023, the Microbiology Laboratory will:
• Complete the data collection, analysis, and development of regulatory guidance materials
on a quantitative method that follows the Organization for Economic Cooperation and
Development (OECD) quantitative method for bactericidal claims to support adoption of
the method for regulatory purposes.
• Complete analysis of FY 2021-2022 multi-lab oratory data and develop guidance materials
and final method (through American Society for Testing and Materials [ASTM] review)
for Legionella in recirculating water for cooling tower remediation.
• Issue prototype method and guidance for evaluating porous materials found in clinical and
agricultural environments (e.g., room separation curtains, vinyl surfaces, wood, etc.)
• Provide efficacy testing and technical support for workplans for the Antimicrobial Product
Evaluation Program (APEP) pursuant to EPA's response to the Office of the Inspector
General (Report No. 16-P-0316).105
• Develop residual self-sanitizing disinfectant protocol (SARS-CoV-2) and collect multi-
laboratory data to support regulatory use.
• Complete data analysis and development of final ASTM method (ASTM work item
WK73519) and regulatory guidance document for evaluating the efficacy of antimicrobial
towelettes.
• Continue to develop laboratory capacity for conducting efficacy testing with Biosafety
Level 3 (BSL-3) microorganisms at the Environmental Science Center in Ft. Meade,
Maryland. SARS-CoV-2 is a BSL-3 microorganism; EPA's Office of Pesticide Programs
103 For additional information, please visit: https://www.epa.gov/aboutepa/about-microbiology-laboratory.
104 For additional information, please visit: https://www.epa.gov/aboutepa/about-analytical-chemistry-laboratory-acl.
105 See, Report No. 16-P-0316, "Report: EPA Needs a Risk-Based Strategy to Assure Continued Effectiveness of Elospital-Level
Disinfectants," found at: https://www.epa.gov/ofFLce-iiispector-general/report-epa-needs-risk-based-strategy-assure-contiiiued-
effectiveness.
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has the only EPA laboratory with physical containment laboratories to manage BSL-3
microbes.
In FY 2023, the Analytical Chemistry Laboratory will continue to protect human health by
ensuring the availability of appropriate analytical methods for analyzing pesticide residues in food
and feed and ensuring their suitability for monitoring pesticide residues and enforcing tolerances.
In addition, the Laboratory will:
• Develop improved analytical methods using state of the art instruments to replace outdated
methods, thus increasing laboratory efficiency and accuracy of the data.
• Provide analytical support to fill in data gaps for the Pesticide Programs' risk assessments
and for Section 18 emergency exemptions, and to perform studies for use in risk mitigation.
• Provide analytical assistance and technical advice to all regional offices in support of their
enforcement cases, including cases against imported disinfectant products with false claims
against SARS-CoV-2. This could disproportionately impact members of communities with
environmental justice (EJ) concerns who might not speak English, who may be being
targeted by illegal foreign imports, and who may not know to look for approved products
{i.e., ListN products).
• Verify that pesticides are properly formulated (as requested).
• Operate EPA's National Pesticide Standard Repository.106
Preventing Disease through Public Health Pesticides: Antimicrobial Testing
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 in the process of developing a new risk-based testing strategy in
response to OIG recommendations made in FY 2016.107 Consistent with the OIG
recommendations, EPA suspended the ATP in November 2017. EPA 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 as early as FY
2023. Implementation of the APEP will benefit public health by ensuring approved antimicrobials
meet contemporary efficacy standards.
The Microbiology Laboratory will continue to develop efficacy methods to support EPA's
antimicrobial pesticide regulatory programs. The results of these efforts will help ensure products
are available to control various bacteria {e.g., Clostridioides difficile), viruses {e.g., SARS-CoV-
2), and biofilms and to inform EPA's method development activities in FY 2023 and beyond.
Performance Measure Targets:
Work under this program supports performance results in the Pesticides: Protect the Environment
from Pesticide Risk Program under the EPM appropriation.
106 For additional information, please visit: https://www.epa.gov/pesticide-analvtical-methods/national-pesticide-standard-
repository.
107 For additional information, please visit: https://www.epa.gov/pesticide-registration/antimicrobial-performance-evaluation-
program-apep.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$90.0) 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.
• (-$90.0) This change to fixed and other costs is a decrease due to the recalculation of
laboratory fixed costs.
• (+$114.0) This program change is an increase in laboratory Operations and Maintenance
costs.
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
Environmental Programs &. Management
$36,714
$39,543
$45,876
$6,333
Scii'iici' A- t echnology
$1,805
S 2.20'
.S 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:
EPA's Pesticide Program screens new pesticides before they reach the market and ensures that
pesticides already in commerce are safe. As directed by the Federal Insecticide, Fungicide, and
Rodenticide Act (F1FRA), 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),108 EPA is responsible for registering and re-evaluating pesticides
to protect humans and plants, animals, and ecosystems that are not targets of the pesticide. Under
FIFRA, the Agency must balance the risks and benefits of other uses. For antimicrobial pesticides
with public health claims, EPA requires that manufacturers perform tests to ensure the efficacy
{i.e., performance) of products per the labelling.
In addition to FIFRA responsibilities, the Agency has responsibilities under the Endangered
Species Act (ESA).109 Under ESA, EPA must ensure that pesticide regulatory decisions will not
destroy or adversely modify designated critical habitat or result in jeopardy to the continued
existence of species listed by the U.S. Fish and Wildlife Service (FWS) or the National Marine
Fisheries Service (NMFS). Where risks are identified, EPA must work with FWS and NMFS in a
consultation process to ensure these pesticide registrations also will meet the ESA standard.
Under the Science and Technology appropriation, EPA's Pesticide Program operates two
laboratories, the Microbiology Laboratory110 and the Analytical Chemistry Laboratory,111 that
support the goal of protecting human health and the environment through diverse analytical testing,
and analytical method development and validation efforts. These laboratories provide a variety of
technical services to EPA, other federal and state agencies, tribal nations, and other organizations
108 On Friday, March 8, 2019, the Pesticide Registration Improvement Extension Act of 2018 (PRIA 4), which reauthorizes PRIA
for 5 years through fiscal year 2023 and updates the fee collection provisions of the FIFRA was signed into law.
109 See. ESA sections 7(a)(1) and 7(a)(2); Federal Agency Actions and Consultations (16 U.S.C. § 1536(a)), available at the U.S.
Fish and Wildlife Service ESA internet site: https://www.fws.gov/service/section-7-consultations.
110 For additional information, please visit: https://www.epa.gov/aboutepa/about-microbiology-laboratory.
111 For additional information, please visit: https://www.epa.gov/aboutepa/about-analytical-chemistry-laboratory-acl.
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to ensure the protection of the environment from pesticide risk. Laboratory activities in FY 2023
will include; continuing to lead collaborative studies with other laboratories to validate testing
methods for antimicrobial products to determine their efficacy against pathogens such as
Legionella; working with the Antimicrobials Division on the implementation of an appropriate
performance standard for a revised method for measuring the efficacy of disinfectants
quantitatively; working with state laboratories to share method development and analyze samples,
as requested; and working with investigations to evaluate the composition of potentially illegal
pesticides.
EPA's Pesticide Program laboratories provide a diverse range of environmental data that the
Agency uses to make informed regulatory decisions. The Analytical Chemistry Laboratory and the
Microbiology Laboratory each provide critical laboratory testing and support activities to assist
the decision-making processes of the Agency. The laboratories develop standard methods to
evaluate the performance of antimicrobial products such as disinfectants used in hospital settings,
and validate analytical chemistry methods to ensure that EPA, the Food and Drug Administration
(FDA), the United States Department of Agriculture (USD A), and the states have reliable methods
to measure and monitor pesticide residues in food and the environment.
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 Microbiology Laboratory will continue to work with the U.S. Department of
Homeland Security and USDA to evaluate various environmentally relevant materials such as
porous materials (e.g., wood, concrete, fabric, tile, etc.) which simulate use sites in livestock,
poultry, and other food animal rearing operations. Outbreaks of avian influenza, African swine
fever, Newcastle Disease virus, and other pathogens can devastate American agriculture, and the
persistence of these viruses on surfaces is not well understood. Currently, due to the unavailability
of standardized quantitative test methods to simulate real-world conditions, the response to an
animal pathogen outbreak and submission of requests under FIFRA Section 18 to address these
outbreaks rely on published, and often antiquated, data. Thus, the use of commonly available
chemicals for remediation (e.g., citric acid, sodium hypochlorite, chlorine dioxide, etc.) of
contaminated sites without extensive knowledge of their environmental impact from such
widespread use is deemed problematic. The goal of the Laboratory is to develop a quantitative
approach for assessing the effectiveness of antimicrobial products against high consequence
animal viruses and other pathogens to provide a tool for the development of high-quality efficacy
data on relevant surface materials. The availability of the method to the regulated community will
support more effective, targeted chemistries and refined antimicrobial application techniques for
porous materials and support the development of new antimicrobial products following
contemporary regulatory requirements.
In FY 2023, the Analytical Chemistry Laboratory will continue to focus on analytical method
development and validations as well as special studies to address specific, short-term, rapid-
turnaround priority issues. The Laboratory also will continue to provide technical and analytical
assistance to EPA's Enforcement and Compliance Assurance Program and regional offices in
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support of their enforcement/complaint cases, including analysis of dicamba and its metabolites in
soil and vegetation samples and analysis of products sold in online commerce. The Analytical
Chemistry Laboratory also will continue to provide national technical analytical support for the
development of data needed for the Pesticides Program's risk assessments and for Section 18
emergency exemptions, and to perform studies for use in risk mitigation.
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):
• (+$57.0) 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.
• (-$32.0) This change to fixed and other costs is a decrease due to the recalculation of
laboratory fixed costs.
• (+$20.0) This program change is a slight increase in laboratory Operations and
Maintenance costs.
Statutory Authority:
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); Endangered Species Act (ESA).
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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
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Environmental Programs &. Management
$6,034
$7,730
$7,979
$249
Science A- Technology
$645
SS'f)
S'JS-I
$108
Total Budget Authority
$6,680
$8,606
$8,963
$357
Total Workyears
35.3
35.8
35.8
0.0
Program Project Description:
EPA's Pesticide Program laboratories provide significant contributions to help the Agency realize
the value of pesticides. They consist of the Microbiology Laboratory112 and the Analytical
Chemistry Laboratory,113 that support the goal of protecting human health and the environment
through diverse analytical testing and analytical method development, and validation efforts.
These laboratories provide a variety of technical services to EPA, other federal and state agencies,
tribal nations, and other organizations to ensure the value of pesticide availability is realized.
The primary focus of the Microbiology Laboratory is standardization of existing test methods and
the development and validation of methods for new uses and emerging pathogens for antimicrobial
products with public health claims - products used to kill or suppress the growth of pathogenic
microorganisms on inanimate objects and surfaces. The Laboratory is instrumental in advancing
the science of antimicrobial product testing and provides technical expertise to standard-setting
organizations and various agency stakeholder groups.
The Analytical Chemistry Laboratory provides scientific, laboratory, and technical support
through chemical analyses of pesticides and related chemicals to protect human health and the
environment. The Analytical Chemistry Laboratory responsibilities include providing technical
support and chemical analyses of pesticides and related chemicals; developing new multi-residue
analytical methods; and operating EPA's National Pesticide Standard Repository,114 which
collects and maintains pesticide standards {i.e., samples of pure active ingredients or technical
grade active ingredients, regulated metabolites, degradates, and related compounds).
112 For additional information, please visit: https://www.epa.gov/aboutepa/about-microbiology-laboratory.
113 For additional information, please visit: https://www.epa.gov/aboutepa/about-analytical-chemistry-laboratory-acl.
114 For additional information, please visit: https://www.epa.gov/pesticide-analytical-methods/national-pesticide-standard-
repositorv.
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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.
In FY 2023, EPA will realize the benefits of pesticides by ensuring the continued operation of the
National Pesticide Standard Repository. The Microbiology Laboratory and the Analytical
Chemistry Laboratory will continue to conduct chemistry and efficacy evaluations for
antimicrobials. As the recognized source for expertise in pesticide analytical method development,
EPA's Pesticide Program laboratories will continue to provide quality assurance review, technical
support, and training to EPA's regional offices, state laboratories, and other federal agencies that
implement the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
The Analytical Chemistry Laboratory will continue to maintain the National Pesticide Standard
Repository and collect and maintain an inventory of analytical standards of registered pesticides
in the U.S. EPA provides these pesticide standards (approximately 4,000 to 5,000 annually) to
qualified federal, state, territorial, and tribal laboratories for food and product testing and
environmental monitoring. In FY 2018, efficiency reviews showed that the typical turnaround time
for a standard request was approximately 15 working days. Using the results of the efficiency
review, the Analytical Chemistry Laboratory is implementing procedural changes, such as
requiring requests be grouped for pesticide standards, instituting an inventory control system
focusing on high demand standards, and installing a chemist as the lead staff person in the
Repository to reduce the turnaround time to 12 days.115 These initial changes will help federal
agencies, states, and tribal laboratories expedite enforcement efforts, and further process
enhancements will continue in FY 2023 and beyond. The Analytical Chemistry Laboratory also
will continue its work in:developing and validating multiresidue methods using state-of-the-art
methodology and instrumentation; providing chemical analysis for assessing risk to human health
and to the environment from agricultural use of pesticides; and providing technical support to EPA
regional offices to ensure that pesticide products are formulated according to approved labels.
In FY 2023, the Microbiology Laboratory will continue to evaluate FIFRA Section 18 emergency
exemptions and novel protocol requests for new uses and novel pathogens. The Laboratory also
will continue the development of data and methods to support Section 18 for high consequence
animal pathogens (e.g., African swine fever, Newcastle disease virus, etc.). In addition, the
continued work to develop new methods for emerging pathogens (e.g., Legionella, Candida auris,
etc.) and clinical porous materials provides a pathway for registrants to add new claims to existing
antimicrobial pesticides. In some cases, the methods will lead to the development of new products
when currently registered formulations are not effective against emerging pathogens. The
Laboratory anticipates supporting up to 25 requests for these activities during FY 2023. The
Microbiology Laboratory also will continue to refine and develop methods to support EPA's
Section 3 and Section 18 regulatory programs, continuing to develop testing methods for
evaluating effectiveness of disinfectant products against airborne SARS-CoV-2 virus. In addition,
the Laboratory will collaborate with EPA's Homeland Security Research Program to develop
guidance for registrants seeking to make long-term disinfectant efficacy claims and explore novel
control and application options for disinfectant products. The Laboratory also will continue to
115 For those pesticide standard requests that are not complicated and/or standards that are not expiring.
139
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develop a quantitative efficacy test method which may provide a pathway for evaluating
disinfectant claims for porous material (vinyl, room divider curtains, etc.)
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):
• (+$45.0) 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.
• (-$73.0) This change to fixed and other costs is a decrease due to the recalculation of rent,
utilities, and security.
• (+$136.0) This program change is an increase in laboratory Operations and Maintenance
costs.
Statutory Authority:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Federal Food, Drug, and Cosmetic
Act (FFDCA) § 408.
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Research: Air, Climate and Energy
141
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Research: Air, Climate and Energy
Program Area: Research: Air, Climate and Energy
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
Scii'iuc JS lecliiwloxy
S '(>. ~33
.W.2SH
S I32.V2-I
S 3
Total Budget Authority
$76,733
$95,250
$132,924
$37,674
Total Workyears
265.6
258.0
297.7
39.7
Program Project Description:
Air pollution adversely affects human health and the environment, yet millions of Americans still
live in or near geographic areas that do not meet national standards for air pollutants. Climate
change is impacting public health, air, and water quality today and will exacerbate other
environmental challenges in the future. Many air pollution sources are located communities with
environmental justice concerns that also are more vulnerable to the impacts of climate change. To
address these and other air pollution issues, EPA's Air, Climate, and Energy (ACE) Research
Program provides scientific information to EPA program and regional offices, tribes, states, and
other partners. ACE advances the science needed to achieve clean air, attain the National Ambient
Air Quality Standards (NAAQS),116 reduce emissions of hazardous air pollutants (HAPs), address
the causes and consequences of climate change and environmental inequities, and develop more
resilient communities to protect human health and ecosystems. ACE also contributes to
understanding the impacts of interventions that reduce exposures and protect public health;
strategies to prepare, adapt, and build resilience; and responses to the transformation of our energy
systems.
The ACE Research Program is centered around two inter-related research topic areas: 1)
understanding air pollution and climate change and their impacts on human health and ecosystems;
and 2) responding to risks and impacts and preparing for the future. The ACE Research Program
relies on successful partnerships, including with academic and industry researchers, tribes, states,
local and private sector organizations, as well as key federal agencies.
Recent Accomplishments of the ACE Research Program include:117
• Informing Ozone Attainment Strategies: In FY 2021, EPA researchers produced
scientific data from measurements and modeling of ozone formation and transport in two
116 Section 109 of the Clean Air Act identifies two types of national ambient air quality standards - primary standards provide
public health protection, including protecting the health of "sensitive" populations such as children, older adults, and persons
with pre-existing disease such as asthma or cardiovascular disease and secondary standards provide public welfare protection,
including protection against decreased visibility and damage to animals, wildlife, soils, water, crops, vegetation, and buildings.
Unless otherwise stated, in this document the term NAAQS will refer to both primary and secondary standards.
117 For more information, please see https://www.epa.gov/research/national-research-programs.
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difficult non-attainment areas, Connecticut and Denver.118 The research demonstrated how
the combination of local emissions controls and a better understanding of ozone transport
from outside a non-attainment area are needed to effectively reduce ozone concentrations
within a non-attainment area. EPA researchers also used a detailed hemispheric air quality
model to improve estimates of the contributions of long-range transport of ozone from
outside North America to ozone concentrations in the U.S., demonstrating an increase in
this contribution over the period from 1990-2010.
• Climate Change Impacts and Adaptation Planning Tools: Climate change continues to
impact U.S. communities through extreme heat and precipitation, flooding, and drought.
With heat waves and droughts increasing the size and severity of wildfires, EPA
researchers improved emissions factors for different types of fire conditions, including
those occurring during prescribed fires.119 EPA researchers collaborated with scientists
from the U.S. Forest Service and the Department of Interior to publish the Comparative
Assessment of the Impacts of Prescribed Fire Versus Wildfire, which used integrated
modeling of smoke emissions, air quality, and health impacts to demonstrate that in two
case studies, well-designed prescribed fires can potentially reduce the overall size of a
subsequent wildfire and reduce smoke emissions and public health impacts.120 In FY 2021,
EPA researchers also published a methodology for quantifying potential changes in future
extreme precipitation from climate projections and applied it to estimate significant
increases in the highest rainfall frequencies, up to 168 percent for 1,000-year rainfall
events, and widespread regional increases in total rainfall up to 44 percent from a single
tropical storm.121
• PFAS: States and communities continue to be concerned with the production and disposal
of materials containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) and the
associated air emissions of PFAS. EPA is committed to conducting research to better
understand PFAS exposure pathways and understand the effects of PFAS treatment and
destruction technologies, including air emissions from incomplete combustion of PFAS
during incineration as a means of destroying PFAS waste.122 In FY 2021, EPA researchers
published a review of air sources and pathways for PFAS exposures123 and produced a
draft method (Other Test Method 45) that is suitable for 50 targeted PFAS compounds.124
This method provided guidance to states and communities for establishing in-stack
emissions method detection limits and quantitative reporting limits and can be expanded
to new target PFAS compounds as new standards become available.
118 For more information, please see:
lit tps: //www, cmascenter. ore/conference/
)20/slides/Matichuketal 19tliAiinual CMAS Presentation Oct28th 2pmSession.pdf
119 For more information, please see: htti
//www.sciencedirect.com/science/article/pii/S 13522310210001 lX?via%3Dihub
120 For more information, please see: htti
//ofmpub.epa.aov/eims/eimscomm.aetfile?p download id=543347
121 For more information, please see: htti
//www.na ture.com/articles/s41612-021 -00176-9
122 For more information, please see: htti
//www.epa.eov/svstem/files/documents/2021-10/pfas-roadmap final-508.pdf
123 For more information, please see: htti
//intranet.ord.epa.gov/sites/default/files/2021-08/JEHl-2.21-Special-Report-Review-
Source-Transportation-Pathways.pdf
124 For more information, please see: https://www.epa.gov/sites/default/fLles/2021-01/documents/otm 45 semivolatile jifas J.-
1.3-21. .pdf
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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 FY2022-2026EPA Strategic Plan.
The ACE Research Program prioritizes key activities to support attainment of the NAAQS and
implementation of stationary and mobile source regulations, as well as foundational science to
inform decision making with consideration of increasing climate change impacts. The ACE
Research Program includes work to develop, evaluate, and apply measurement methods and
models incorporating the latest physical science and understanding of behaviors that impact the
system. The research performed addresses program and regional science information needs across
multiple disciplines. The research conducted also advances EPA's capabilities to understand
sources of air pollution, the fate and transport of air contaminants, and their effects in the midst of
changing energy infrastructure and climate. The planned research responds to identified needs in
areas of emerging concern to the Administration, EPA, tribes, and state policymakers, including
climate change, environmental justice and equity, PFAS, ethylene oxide, and wildland fires.
In FY 2023, the ACE Research Program will continue to:
• Assess human and ecosystem exposures and effects associated with air pollutants on
individual, community, regional, national, and global scales, both today and in the future,
under a changing climate.125
• Assess the consequences of climate change and the vulnerability of communities and
ecosystems to climate change impacts, including wildfires and other extreme events, and
identify and evaluate strategies to adapt to and build resilience to these impacts.
• Characterize disproportionate impacts of climate change and air pollution on communities
with environmental justice concerns and identify and evaluate strategies to reduce impacts
in those communities.
• Develop and evaluate innovative multi-pollutant and sector-based approaches to
preventing pollution, particularly in environmental justice communities.
• Characterize the positive and negative environmental effects of energy efficiency and
renewable energy and evaluate strategies to expand the benefits of transformations in
transportation and energy systems, especially for communities with environmental justice
concerns.
• Provide human exposure and environmental modeling, monitoring, metrics, and
information needed to inform air quality and climate change decision making at the federal,
tribal, state, and local level.
125 Beyond effects associated with ambient air exposures, consideration of potential human and ecosystem exposures and effects
associated with deposition of air pollutants to water and land also are evaluated.
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• Deliver state-of-the-art tools that tribes and states can use to identify effective emission
reduction strategies to meet the NAAQS and enhance air quality measurement and
modeling methods to ascertain current and future compliance with the NAAQS, including
potential impacts from the changing climate.
• Develop and apply approaches to evaluate the positive and negative environmental impacts
of the transition to a low-carbon energy system, including development of a report to
Congress on the environmental and resource conservation impacts of the Renewable Fuel
Standard.126
In FY 2023, EPA will invest additional funds to expand the Administration's science-based
approach to improving wildfire readiness by enhancing wildfire data and communications related
to air quality and helping communities become "smoke ready". Smoke ready communities benefit
community health by coordinating community-level action related to monitoring outdoor air
quality, creating clean indoor air, and communicating actionable public health messaging. Smoke
ready communities have evidence-based strategies in place to guide responses to wildfire smoke
events, which include actions that people can take to reduce exposures to harmful smoke,
preventing health impacts such as asthma attacks, emergency room visits, heart attacks, and
premature death.
EPA also will invest additional funds to increase PFAS research efforts with specific emphasis
on implementing the PFAS Strategic Roadmap.127
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 is developed with and
reflects the research needs of Agency programs and regional offices, states, and tribes. 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.
The Office of Research and Development (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.
126 Required by the Energy Independence and Security Act of 2007, PL110-140. For more information, please see:
fattps://www.epa.go v/laws-regula tions/sumnrary-energy-independence-and-securitv-act. More information about the report is
available at: https://cfpub.epa.gov/si/si public record report.cfm?Lab=IO&dirEntryId=341.491.
127 See EPA's PFAS Strategic Roadmap at: https://www.epa.gOv/sYstem/files/docitmeiits/2021.-l.0/pfas-roadiiiap final-508.pdf
145
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• State Engagement
o EPA's state engagement128 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.
• Tribal Partnerships
o 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:
(PM RD2) Number of ORD activities related to environmental justice that
involve or are designed to be applicable to tribes, states, territories, local
governments, and communities.
FY 2022
Target
FY 2023
Target
No Target
Established
TBD
(PM RD3) Percentage of ORD climate-related research products meeting
partner needs.
FY 2022
Target
FY 2023
Target
93
94
(PM RD4) Percentage of ORD environmental justice-related research
products meeting partner needs.
FY 2022
Target
FY 2023
Target
93
94
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$2,346.0) 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.
• (+$37.0) This change to fixed and other costs is an increase due to the recalculation of
laboratory fixed costs.
• (-$30,030.0) This program change is a decrease due to the reduction in resources towards the
Air, Climate, and Energy Research Program's collaborative research on climate adaptation and
resilience with the new Advanced Research Projects Agency for Climate (ARPA-C) that will
be located within DOE. The ARPA model of high-risk, accelerated research is uniquely meant
to conduct R&D that, if successful, results in transformational technology advancements.
• (+$60,446.0 / +30.0 FTE) This net program change increases resources and FTE for the Air,
Climate, and Energy Research Program. This increase is targeted to EPA's commitment to
enhance its efforts to combat climate change. This increase will more than double its research
to assess the impacts of climate change on human health and ecosystems. This investment
includes $5,411 million in payroll.
128 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
146
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• (+$4,625.0 / +9.7 FTE) This program change increases resources and FTE for wildfires
research. This increase is targeted to improve wildfire readiness by enhancing wildfire data
and communications related to air quality and helping communities become "smoke ready."
This investment also includes $1.75 million in payroll.
• (+$250.0) This program change increases funding for EPA's PFAS research efforts, with
specific emphasis on implementing the PFAS Strategic Roadmap.
Statutory Authority:
Clean Air Act; Title II of Energy Independence and Security Act of 2007; Environmental
Research, Development, and Demonstration Authorization Act (ERDDAA); National
Environmental Policy Act (NEPA) § 102; Pollution Prevention Act (PPA); Global Change
Research Act of 1990.
147
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Research: Chemical Safety and Sustainability
148
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Research: Chemical Safety for Sustainability
Program Area: Research: Chemical Safety for Sustainability
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
SI 15
$0
$0
$0
Scii'iuc JS lecliiwloxy
$75,966
SNV.5IN
VAS'.W'A*
$8,575
Hazardous Substance Superfund
$6,065
$0
$8,060
$8,060
Total Budget Authority
$82,146
$89,518
$106,153
$16,635
Total Workyears
278.1
273.9
300.9
27.0
Program Project Description:
EPA's Chemical Safety for Sustainability (CSS) Research Program provides scientific and
technical approaches, information, tools, and methods to support the Agency and others to make
better-informed, more-timely decisions about chemicals and their potential risks to human health
and the environment.129 CSS products strengthen the Agency's ability to use the best available
science to evaluate and predict human health and ecological impacts from the use, reuse, recycling,
and disposal of manufactured and naturally occurring chemicals and their by-products.
CSS research informs Agency decisions about chemicals, accelerates the pace of chemical
assessment and decision-making, and helps to replace, reduce, and refine the use of mammals to
evaluate chemical risks to ecological systems and human health. CSS products inform Agency
programs established to implement environmental regulations that govern agency actions to
evaluate existing and new chemicals (Toxic Substances Control Act [TSCA]); develop and use
alternative testing protocols (TSCA, Federal Insecticide Fungicide and Rodenticide Act [FIFRA]);
protect the Nation's food supply (Food Quality Protection Act [FQPA]), address product safety
(Federal Food Drug Cosmetics Act [FFDCA]), support chemical prioritization (TSCA, Safe
Drinking Water Act [SDWA]), support the development of safer and more sustainable chemicals
and alternatives (Pollution Prevention [P2] Act [PPA]), evaluate pesticide registrations (FIFRA,
Endangered Species Act), and mitigate active (Resource Conservation and Recovery Act [RCRA])
and inactive (Comprehensive Environmental Response, Compensation, and Liability Act
[CERCLA]) Superfund remediation sites.
CSS research activities are coordinated with the activities of other national research programs and
the results produced inform other high priority research topics. For example, planned research will
address per- and polyfluoroalkyl substances (PFAS), climate change, and risks in communities
with environmental justice (EJ) concerns. Coordination with the Health and Environmental Risk
Assessment (HERA) Research Program ensures that the approaches, tools, and information
129 For the current CSS StRAP, please see: https://www.epa.gov/research/chemical-safety-sustainability-strategic-research-
action-plan-201.9-2022.
149
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produced by CSS can be used to improve chemical risk assessments, reduce uncertainties
associated with those assessments, and increase the speed of delivering chemical information to
the Agency.
The CSS Research Program is organized into eight, integrated research areas that include research
on toxicity, exposure, human health, ecological health, chemical modeling and prediction, and
chemical integration and informatics. These research areas fulfill requirements for chemical
evaluation under TSCA as amended by the Frank R. Lautenberg Chemical Safety for the 21st
Century Act and as part of SDWA; pesticide evaluation under FIFRA; chemical testing for
endocrine system impacts under FQPA; Agency implementation of TSCA Section 5 (New
Chemicals) and Section 6 (Existing Chemicals); the development of safer and more sustainable
chemicals and alternatives under PPA and TSCA, and identification of contaminants of emerging
concern. The CSS Research Program provides ongoing support to the Agency's Chemical Safety
and Pollution Prevention Program for the successful implementation of these TSCA activities, as
well as their evaluation of pesticides under FIFRA.130
Recent Accomplishments of the CSS Research Program include:
• Development and Advancement of New Approach Methods (NAMs): CSS objectives
and research activities are strongly supporting the development of NAMs that will improve
the Agency's understanding of chemical toxicity. NAMs are focused on using faster, less
expensive approaches that reduce the use of mammals for toxicity testing. CSS continues
to collaborate closely with the Chemical Safety and Pollution Prevention Program to
implement the June 2018 TSCA Strategic Plan131 that emphasizes the development and
implementation of alternative test methods. Additionally, CSS research is a key component
of the December 2021 NAMs workplan.132 Critical to this effort is implementation of a
tiered hazard evaluation strategy. CSS investigators are currently advancing methods in
high-throughput phenotypic profiling (HTPP) and high-throughput transcriptomics
(HTTr). These approaches can be applied to prioritize and group chemicals. Additionally,
investigators are exploring approaches and models for species extrapolation in the
ecotoxicology domain, and development of high-throughput exposure and toxicokinetic
models. In May of 2021, in an EPA report,133 CSS research enabled development of a
method, to integrate publicly available hazard, exposure, persistence, and bioaccumulation
information for more than 33,000 chemical substances, including both traditional and
NAM data. The method allows for discriminating between chemicals that have the
potential to present hazard or exposure concerns and those that do not.
• Continued Release, Evolution, and Updating of Multiple Digital Information
Products to Inform Decision Making: The CompTox Chemicals Dashboard134 is the
Agency's 'first-stop-shop' for information on chemical properties, characteristics,
structure, toxicity, exposure, and persistence. The Dashboard is used by the Agency and
130 For more information, please see: https://www.epa.gov/chemical-research.
131 For more information, please see: https://www.epa.gov/sites/production/fLles/2018-06/documents/epa alt strat plan 6-20-
1.8 clean final.pdf.
132 For more information, please see: https://www.epa.gov/chemical-research/new-approach-methods-work-plan.
133 For more information, please see: https://cfpub.epa.gov/si/si_public pra_view.cfm?dirEnt: 776&Lab=CCTE
134 For more information, please see: fattps://comptox.epa.gov/dashboard.
150
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its external partners to generate real-time quantitative structure-activity relationship
(QSAR) predictions for chemical property and toxicity endpoints. It allows for flexible
searches including chemical and functional use and has batch search functionality. As of
the June 2021 release, the Dashboard contains curated data on 900,000 chemicals. The
ECOTOX Knowledgebase135 serves as the comprehensive, publicly available source of
environmental toxicity data on aquatic life, terrestrial plants, and wildlife. The March 2021
release of the ECOTOX Knowledgebase contains over 1 million records and provides
information on over 12,000 chemicals and over 13,000 species from over 50,000
references. The Chemical Transformation Simulator continues to develop as a web-based
tool for predicting environmental and biological transformation pathways for organic
chemicals. Recently, the Simulator was expanded to include environmental transformation
information for PFAS chemicals. SeqAPASS136 - Sequence Alignment to Predict Across
Species Susceptibility - is a tool enabling extrapolation of toxicity information across
species. Version 5.0, released in December 2020, features improved functionalities and
visualization of results. Research and development for all these systems continues in order
to meet the information needs of decision makers.
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.
The objective of CSS research activities is to inform risk-based decisions made by EPA programs,
states, tribes, and others. Of particular importance are 'chemicals of immediate and emerging
concern,' such as PFAS, which heighten the need for rapid scientific approaches to evaluate
potential chemical safety. In FY 2023, CSS will invest additional funds in PFAS research efforts,
with specific emphasis on implementing the PFAS Strategic Roadmap.137 CSS also will increase
its efforts to conduct research and reviews on scientifically sound EPA-initiated existing chemical
risk evaluations in support of TSCA.
In FY 2023, research efforts also will focus on replacing, reducing, and refining the use of
mammals in testing, while accelerating the pace of chemical assessment and decision-making. CSS
research products will continue to use innovative in vitro and in silico (computer modeling)
approaches to provide more timely and comprehensive information about chemical hazard and
exposure while still providing information of equal or greater biological predictivity than current
in vivo animal models.
Selected research areas are highlighted below for work in FY 2023.
• High-Throughput Toxicity (HTT) Testing: This research is focused on developing,
testing, and applying NAMs to evaluate chemical hazards, with an emphasis on
developmental neurotoxicology, inhalation toxicology, thyroid disruption, and
135 For more information, please see: fattps: //cfpub. epa. go v/ecotox/.
136 For more information, please see: https://www.epa.gov/chemical-research/sequence-aligiiment-predict-across-species-
susceptibility.
137 See EPA's PFAS Strategic Roadmap at: https://www.epa.gov/system/files/documents/2021-10/pfas-roadiiiap final-508.pdf
151
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methodologically challenging chemicals. These will enable EPA to make better, more
timely decisions about chemicals by increasing toxicological information for more
chemicals.
• Rapid Exposure and Dosimetry (RED) and Ecotoxicological Assessment and
Modeling (ETAM): This research parallels work in the HTT research area to provide
information to inform Agency chemical risk assessment activities. Chemical exposure
research also includes the continued development of advanced analytical and
computational tools, such as non-targeted analysis, to detect and identify unknown
chemicals in complex environmental media, biological media, and consumer products.
Non-targeted analysis has been critical for the identification of previously unknown PFAS
chemicals in the environment. Ecotoxicological Assessment and Modeling efforts support
the Agency's work considering the impacts to pollinators. Specifically, research includes
assessing the impacts of pesticides on honeybees and pollen bees to support pesticide
assessments.
• PFAS Research:138 PFAS are a class of substances of concern and EPA is committed to
helping states, tribes, and local communities understand and manage risks associated with
these chemicals.139 For most of the over 6,000 PFAS chemicals, there are little or no
published toxicity data available. CSS is addressing this gap by conducting high-
throughput toxicological screening assays on hundreds of PFAS chemicals. In FY 2023,
CSS will build upon the research foundation formed from completed work outlined in the
PFAS Strategic Roadmap.140 For more information on CSS' PFAS work, please see the
CSS narrative for the Superfund appropriation.
• Improved Understanding of Biological Impacts: This research helps decision-makers
understand the significance of chemical impacts on biological systems. This is especially
important to understanding chemical impacts on developmental and reproductive biology.
This program will employ data generated from its chemical evaluation research to develop
interpretive frameworks and models to place complex information into biological,
chemical, and toxicological context. Data developed in the HTT and Virtual Tissue
Modeling research areas will contribute to the study of adverse outcome pathways (AOPs),
which link molecular initiating events at the cellular level to apical outcomes expressed at
the whole animal level.
• Delivery of Chemical Information: The Chemical Safety Analytics research area will
continue to provide computational, predictive tools to estimate physicochemical,
toxicological, and exposure information for data poor chemicals. CSS is working with the
Agency to build program-specific applications, such as RapidTox that facilitate access and
use of relevant information to support different decision contexts. These applications will
give risk assessors and decision-makers confidence that the new approaches, data, and tools
138 For more information, please see: https://www.epa.gov/sites/production/files/2019-
02/documents/pfas action plan 021319 508compliant l.pdf.
139 For more information, please see: https://www.epa.gov/pfas/pfas-community-engagement.
140 For more information, please see: https://www.epa.gov/pfas/pfas-strategic-roadmap-epas-commitments-action-2021-2024
152
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developed in CSS are both scientifically robust and relevant to environmental decision
making.
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
comprehensively assessing and solving the problems encountered by the Agency and its
stakeholders.
EPA works with various groups, including communities, to ensure the integrity and value of its
research and research planning efforts through a variety of mechanisms that include:
• EPA's Board of Scientific Counselors (BOSC)
o The Office of Research and Development (ORD) meets regularly with this
committee, which provides advice and recommendations to ORD on technical and
management issues of its research programs.
• State Engagement
o EPA's state engagement141 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:
(PM RD1) Percentage of ORD research products meeting partner needs.
FY 2022
Target
FY 2023
Target
93
94
(PM RD5) Number of actions implemented for EPA scientific integrity
objectives.
FY 2022
Target
FY 2023
Target
No Target
Established
21
141 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
• Tribal
o
153
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$2,270.0) 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.
• (+$22.0) This change to fixed and other costs is an increase due to the recalculation of
laboratory fixed costs.
• (+$3,772.0 / +22.0 FTE) This net program change increases funding and FTE for the
Chemical Safety for Sustainability Research Program. These FTE will assist in providing
scientific and technical approaches, information tools, and methods to better inform
decision-making. This investment includes $3,961 million in payroll and also reflects a
slight adjustment in non-payroll resources.
• (+$500.0) This program change increases funding for EPA's PFAS research efforts, with
specific emphasis on implementing the PFAS Strategic Roadmap.
• (+$2,011.0 / +5.0 FTE) This program change increases resources and FTE for EPA's
efforts to conduct research and reviews on existing EPA-initiated chemical risk evaluations
in support of TSCA. This investment includes $901.0 thousand in payroll.
Statutory Authority:
Clean Air Act §§ 103, 104; Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA); Children's Health Act; 21st Century Nanotechnology Research and Development
Act; Clean Water Act; Federal Food, Drug, and Cosmetic Act (FFDCA); Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA); Pollution Prevention Act (PPA); Resource Conservation
and Recovery Act (RCRA); Safe Drinking Water Act (SDWA); Toxic Substances Control Act
(TSCA).
154
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Health and Environmental Risk Assessment
Program Area: Research: Chemical Safety for Sustainability
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
Scii'iuc A- lecliiwloxy
S 35.25!
SJ-.-IS2
S -I2J55
S-I.S'J
Hazardous Substance Superfiind
$3,654
$12,824
$4,896
-$7,928
Total Budget Authority
$38,905
$50,306
$47,251
-$3,055
Total Workyears
163.3
154.9
174.9
20.0
Program Project Description:
EPA's Health and Environmental Risk Assessment (HERA) Program is focused on the science of
assessments that inform decisions made by EPA and others, including states and tribes. These
assessments provide the scientific basis for decisions under an array of environmental laws,
including the: Clean Air Act (CAA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA),
Toxic Substances Control Act (TSCA), and the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). The HERA Program is multidisciplinary and aimed
at incorporating scientific innovations to advance analytic approaches and applications needed to
address the wide-ranging risk assessment requirements to support implementation of these various
statutes.
The current portfolio of HERA products encompasses these two topic areas:
• Science Assessments and Translation: HERA produces a portfolio of assessment
products that optimizes the application of the best available science and technology and is
responsive to Agency priorities and timelines. The portfolio includes assessments from
among the traditional product lines - Integrated Risk Information System (IRIS),
Integrated Science Assessment (ISAs), and Provisional Peer-Reviewed Toxicity Values
(PPRTVs) - in addition to a wide range of innovative 'fit-for-purpose' products.
Additionally, significant emphasis is placed on providing scientific and technical support
throughout the lifecycle of decisions, from development to application of the assessment
products.
• Advancing the Science and Practice of Risk Assessment: Research under this topic is
targeted to enhance hazard characterization, expand the repertoire of dose-response
methods and models, and characterize the utility of emerging data and new computational
tools as applied to risk assessment. It also enhances and maintains critical assessment
infrastructure, including databases, models, and software support, to ensure transparency
and facilitate understanding and translation to Agency partners, external partners, and other
users. Refinements to current approaches are expected to improve the accuracy, efficiency,
flexibility, and utility of applications across a large landscape of assessment activities.
155
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Recent Accomplishments of the HERA Program include:
The HERA Research Program has been developing assessment products to inform science-based
decision making, enhance timely responses, improve screening capabilities, and augment toxicity
value derivations for use in risk assessments.
• Portfolio of Assessment Products: In October 2020, the ISA for Oxides of Nitrogen,
Oxides of Sulfur, and Particulate Matter - Ecological Criteria was released142 following a
peer review by the Clean Air Scientific Advisory Committee. HERA will provide the
scientific foundation for the reconsiderations of the particulate matter and ozone National
Ambient Air Quality Standards; a Supplement to the 2019 ISA for Particulate Matter143
will be finalized in spring 2022. HERA continues to deliver on EPA's commitment to
address Per- and polyfluoroalkyl substances (PFAS) in the environment and released the
final Human Health Toxicity Values for Perfluorobutane Sulfonic Acid (CASRN 375-73-5)
and Related Compound Potassium Perfluorobutane Sulfonate (CASRN 29420-49-3)144 in
April 2021, the draft IRIS Assessment for Perfluorobutanoic Acid and Related Salts145 in
August 2021, and the draft IRIS Assessment for Perfluorohexanoic Acid and Related
Salts146 in April 2022. In FY 2021, nine PPRTV assessments were finalized, and HERA
anticipates delivering at least nine additional high-priority PPRTV assessments in FY 2022
to support Superfund priorities.147 In FY 2021, HERA also posted final IRIS assessments
for ethyl tertiary butyl ether and tert-butyl alcohol, as well as publicly released assessment
materials for inorganic mercury salts, vanadium and compounds (oral exposure), and
vanadium and compounds (inhalation exposure).148 In FY 2022, HERA anticipates
publicly releasing a final IRIS assessment for Perfluorobutanoic acid and Related Salts.149
HERA also anticipates publicly releasing assessment materials for ethylbenzene, uranium,
vanadium and compounds (inhalation exposure), and naphthalene, and draft assessments
for chloroform (inhalation), hexavalent chromium, and formaldehyde. HERA also will
finalize the Office of Research and Development (ORD) Staff Handbook for Developing
IRIS Assessments in FY 2022.
• Innovations in Risk Assessment: HERA continues to advance assessment science and
modernize its assessment infrastructure through tool and model advancements. In FY
2021, HERA released updates to the Integrated Exposure Uptake Biokinetic (IEUBK)
model to support lead biokinetic modeling in children. HERA anticipates finalizing 1)
updates to the All-Ages Lead Model (AALM) in the fall of 2022 which will include
improved lead biokinetic modeling in adults and children; and 2) EPA's version of the
multi-path particle dosimetry (MPPD) model and software for improved mechanistic
modeling of inhalation dosimetry for particles in the spring of 2022. Continued
advancements are being made to HERA's dose-response analysis tool, Benchmark Dose
142 For more information, please see: https://www.epa.gov/isa/iiitegrated-science-assessment-isa-oxides-nitrogen-oxides-sulfur-
and-particulate-matter.
143 For more information, please see: https://cfpub.epa. gov/ncea/isa/recordi splay.cfm?deid=352823.
144 For more information, please see: https://www.epa.gov/pfas/leam-about-human-health-toxicitv-assessment-pfbs.
145 For more information, please see: https://cfpub.epa.gov/ncea/iris drafls/recordisplay.cfm?deid=350051.
146 For more information, please see: https://cfpub.epa.gov/ncea/iris drafts/recordi splay.cfm?deid=352767.
147 For more information, please see: https://www.epa.gov/pprtv.
148 For more information, please see: https://www.epa.gov/iris/iris-recent-additions.
149 For more information, please see: https://www.epa.gov/iris/iris-recent-additions.
156
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Software (BMDS),150 as well as critical information management databases including
HERA's Health and Environmental Research Online151 and the Health Assessment and
Workplace Collaborative,152 contributing to the improvement in the science, structure, and
interoperability of these critical assessment infrastructure tools. Accompanying
innovations in assessment science in FY2021 and FY2022, HERA has emphasized and
coordinated training in risk assessment practice, methods, and tools for EPA staff and
stakeholders to enhance communication, understanding, and engagement.
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 HERA Program's work will focus on efforts integral to achieving EPA priorities
and informing the Agency's implementation of key environmental decisions. Specifically, the
program will:
• Continue developing additional assessments through IRIS of perfluorinated compounds, as
well as other priority chemicals identified by EPA's Water Program, Air and Radiation
Program, and Land and Emergency Management Program. These HERA assessments
include ethylbenzene, hexavalent chromium, chloroform, methylmercury, mercury salts,
inorganic arsenic, and formaldehyde.
• Provide assessment, methodology, and modeling support to the Chemical Safety and
Pollution Prevention Program on TSCA implementation for an array of chemicals, as well
as support to the Air and Radiation Program, including the development of the ISA for
Lead to support review of the National Ambient Air Quality Standards (NAAQS).
• Provide high-priority PPRTV human health assessments to support the Land and
Emergency Management Program on CERCLA and Resource Conservation and Recovery
Act (RCRA) implementation
• HERA will focus on support for specific decision contexts through a modernized
assessment infrastructure, applying state of the science tools, databases, and models in
assessment development and program management. Continue to develop and apply
evidence mapping to provide a better understanding of the extent and nature of evidence
available to address priority needs of the Agency and its partners.
• Provide the resources and workflow to two of the five Research and Development
Program's Superfund technical support centers (TSCs)153 to provide localized and tailored
technical assistance and scientific expertise on human and ecological risk assessments to
150 For more information, please see: https://www.epa.gov/bmds.
151 For more information, please see: https: //hero. epa. gov/hero/.
152 For more information, please see: https://hawcprd.epa.gov/.
153 HERA supports the Superfund Health Risk Technical Support Center (STSC) and the Ecological Risk Assessment Support
Center (ERASC). For more information on EPA's five TSCs, please see: https://www.epa.gov/land-research/epas-techiiical-
support-centers.
157
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states, tribes, and EPA's program and regional offices. This includes direct support in cases
of emergencies and other rapid response situations.
• Apply new and alternative approaches, methods, and data to risk assessment products, and
technical support to better respond to the needs of the states, tribes, and EPA's program
and regional offices, in cooperation with the Chemical Safety for Sustainability (CSS)
Research Program.
• Provide training to staff, partners, and stakeholders on risk assessment practice, assessment
tool literacy, and standard operating procedures for assessment development via easy-to-
access modules.
In addition to the activities listed above, EPA also conducts research across programs in the
following areas:
• PFAS Research: Per- and polyfluoroalkyl substances (PFAS) are a class of chemicals of
concern in the environment, and EPA is committed to pursuing all options to address PFAS
pollution and protect human health and the environment. There are still large numbers of
PFAS of high interest to stakeholders which currently have no federal published, peer-
reviewed toxicity values. As described in the PFAS Strategic Roadmap,154 within the
HERA Research Program, EPA is prioritizing additional PFAS for development of peer-
reviewed toxicity values. This will result in an expanded set of high-quality peer-reviewed
toxicity values for use by federal, state, and tribal decision makers in making risk
assessment and management decisions. In addition, EPA is identifying, reviewing,
organizing, and presenting relevant health information on PFAS through systematic
evidence mapping to identify data gaps, inform prioritization and hazard characterization,
and facilitate human health assessments for PFAS.
• Lead: Childhood lead exposure continues to be one of the highest priorities for EPA. To
advance the application of lead exposure and biokinetic models in EPA regulatory
decisions and site assessments, HERA research will enhance, evaluate, and apply lead
biokinetic models used to estimate potential blood lead levels for regulatory
determinations.155 Additionally, the Exposure Factors Handbook156 provides up-to-date
data on various human factors, including soil and dust ingestion rates, used by risk
assessors.
Research Planning:
EPA 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
154 For more information, please see EPA's PFAS Strategic Roadmap at: https://www.epa.gov/system/files/documents/2021-
10/pfas-roadmap final-508.pdf
155 For more information, please see: https://www.epa.gov/superfund/lead-superfuad-sites-software-and-users-manuals.
156 For more information, please see: https://cfpub.epa.gov/ncea/risk/recordisplay ,cfm?deid=236252.
158
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StRAPs, which will continue the practice of conducting innovative scientific research aimed at
solving the problems encountered by the Agency and its stakeholders.
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.
• State Engagement
o EPA's state engagement157 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: Chemical Safety for
Sustainability Program under the S&T appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,233.0) 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.
• (+$3,640.0 / +20.0 FTE) This program change increases funding and FTE for the Health
and Environmental Risk Assessment program. These FTE will assist in advancing science
assessments, such as IRIS, as well as analytical approaches for the application of risk
assessments. This investment includes $3,618 million in payroll.
Statutory Authority:
Clean Air Act §§ 103, 108, 109, and 112; Clean Water Act §§ 101(a)(6), 104, 105; Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) § 3(c)(2)(A); Safe Drinking Water Act
(SDWA) § 1458; Toxic Substances Control Act (TSCA).
• Tribal
o
157 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
159
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Research: Safe and Sustainable Water Resources
160
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Research: Safe and Sustainable Water Resources
Program Area: Research: Safe and Sustainable Water Resources
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
Scii'iuc JS lecliiwloxy
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S 112.2511
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Total Budget Authority
$92,719
$112,250
$119,286
$7,036
Total Workyears
367.3
358.1
378.1
20.0
Program Project Description:
The quality and availability of water, upon which human and ecosystem health and a robust
economy depend, face myriad challenges. These challenges include aging water infrastructure,
contaminants of existing and emerging concern, waterborne pathogens, antimicrobial resistance,
harmful algal blooms and hypoxia, stormwater runoff, and water shortages. Many of these
concerns are more prevalent in disadvantaged and rural communities, and can be exacerbated by
changing climate patterns, for example, higher temperatures and greater frequency, duration and
intensity of precipitation, extreme heat, wildland fire, and drought.
To address these current, emerging, and long-term water resource challenges, EPA's Safe and
Sustainable Water Resources (SSWR) Research Program produces robust research and scientific
analyses for decision-making and the development of innovative, practical solutions for the
Agency and its partners to protect and restore America's watersheds and water infrastructure.
SSWR research is integrated with other Office of Research and Development (ORD) national
research programs to address water quality concerns related to wildland fire; revitalize land and
prevent contamination through work on biosolids and green infrastructure; and ensure the safety
of chemicals through research on lead and other chemical contaminants.
Recent Accomplishments of the SSWR Research Program158
Contaminants of Emerging Concern:
• SARS-CoV-2. EPA collaborated with the Center for Disease Control and the State of Ohio
to establish a wastewater monitoring network to detect and quantify SARS-CoV-2. EPA
researchers rapidly developed and applied a method to detect SARS-CoV-2 in 12
sewersheds in Ohio. EPA also evaluated analytical approaches to detect variants of concern
within wastewater. EPA helped to successfully establish Ohio's SARS-CoV-2 monitoring
program and continues to provide analyses from wastewater treatment plants in southwest
Ohio.
158 For a more complete view of accomplishments, please see: https://www.epa.gov/research/national-research-programs.
161
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• Per- and Polyfluoroalkyl Substances (PFAS).
o PFAS Treatment in Drinking Water. In 2021, EPA's Drinking Water
Treatability Database was updated to include 37 PFAS chemicals. The database
provides information on best practices and technologies for PFAS treatment in
drinking water. Information on cost models for PFAS treatment in drinking water
also was generated. EPA actively provides support to the Office of Water on PFAS
treatment modeling for the development of the PFAS drinking water regulation,
o PFAS Analytical Methods.
¦ EPA created and continues to update the PFAS Analytical Website,159 which
consolidates PFAS analytical and sampling methods for drinking water,
groundwater, surface water, wastewater, air, and solids (soils, sediments, biota,
and biosolids). The website includes analytical method resources from EPA and
other federal agencies and non-governmental organizations, and sampling, data
analysis, and laboratory certification resources.
¦ EPA finalized and published the SW846 Method 8327 for 24 PFAS in non-
drinking water aqueous samples160 and drinking water method 533 in support
of the upcoming fifth Unregulated Contaminant Monitoring Rule. ORD
completed a draft method for total absorbable PFAS in wastewater which is
under review by the Office of Water (OW). EPA developed a draft isotope
dilution method (Method 1633) for aqueous and solid samples for 40 PFAS in
collaboration with the Department of Defense. ORD continues to provide
technical support for the multi-lab oratory validation of Method 1633 which will
be complete by the end of calendar year 2022. Additionally, ORD continues to
work with OW for development of a total organic fluorine method in drinking
water for future validation.
Science to Support Recreational Water Quality Criteria:
Over the past five years, ORD scientists have published more than 40 peer-reviewed scientific
publications providing science to support Recreational Water Quality Criteria recommendations.
Notable efforts include the development of Standard Reference Material 2917 in collaboration
with the National Institute of Standards and Technology, the public release of EPA Methods 1696
and 1697 for characterization of human fecal pollution in recreational waters, and performance
assessment of virus-based fecal indicator methodologies, respectively. ORD research will play an
important role in the anticipated EPA Office of Water 2022 Five-Year Review of the 2012
Recreational Water Quality Criteria.
Harmful Algal Blooms (HABs): In August 2021, ORD research enabled the release of a new tool
- CyANWeb - expanding digital platforms beyond its CyAN Android app. The new web tool
helps federal, state, tribal, and local partners identify when a harmful algal bloom may be forming
in waters where people swim, fish, and boat. The tool uses satellite data for initial detection of a
harmful algal bloom in more than 2,000 of the largest U.S. lakes and reservoirs. ORD also
159 For more information, please see the following: https://www.epa.gov/water-research/pfas-analytical-methods-development-
and~ sampling-research.
160 For more information, please see the following: https://www.epa.gov/water-research/pfas-analytical-methods-development-
and-sampling-research.
162
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developed a proof of concept for Decision Support System expansion to identify sub-watersheds
within a larger basin for targeted nutrient control across New England.
FY 2023 Activities and Performance Plan:
Work in this Program provides Cross-Agency Mission and Science Support and is allocate across
strategic goals and objectives in the FY2022-2026EPA Strategic Plan.
In FY 2023, the SSWR Research Program will continue to focus on:
• Water Infrastructure:
o Conduct research and provide technical support to assess the distribution,
composition, and potential health risks of known and emerging chemical and
biological contaminants. Protocols for sampling lead and identification of lead
service lines will support the availability of safe drinking water, especially in
disadvantaged communities,
o Continue work to evaluate SARS-CoV-2 variants with the Ohio Network and
determine the viability of live virus in wastewater; and assist states, communities,
and utilities to address stormwater and wastewater infrastructure needs through
applied models and technical assistance.
• Climate Change Impacts/Resiliency:
o Integrate the impacts of climate change with research on water bodies and water
infrastructure, including wildland fire, extreme drought and precipitation events,
harmful algal blooms, and other impacts on water quality and availability,
o Develop risk assessments on stormwater capture for enhanced aquifer recharge,
o Compare cost and carbon footprint of alternative water sources, develop risk
assessments to support safe, fit-for-purpose non-potable use by tribes and states,
and expand research to potable use.
• Harmful Algal Blooms/Nutrients:
o Investigate toxicity and health effects from exposure to anatoxin-a, a potent
cyanotoxin with neurological effects,
o Launch a joint EPA and USDA Challenge to better understand the potential role
for enhanced efficiency fertilizers (EEFs) by assessing the efficacy of 16 EEFs in
greenhouse trials.
o Complete approaches to prioritize watersheds for restoration and recovery efforts,
including a visual tool to illustrate national nutrient inventories and watershed
responsiveness to management actions.
• Recreational Waters and Public Health Protection: Improve methods for rapid and cost-
effective monitoring of waterborne pathogens in recreational waters. For example,
improving rapid low-cost methods for real time notifications on the presence of pathogens
will inform community decisions to close and reopen beaches more quickly to prevent
human illness and unnecessary lost revenue.
163
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• Microplastics: Continue refinement of methods to collect, extract, characterize, quantify,
and evaluate microplastics in surface water and sediment. Characterizing the smaller
micro- and nanoplastic particles will be the emphasis. These standard methods will allow
comparability across studies and aid in comprehensive exposure assessment and risk
characterization of microplastics. The research also will include activities to assess new
methods to rapidly identify microplastics in sediment with a citizen science project.
In addition to the activities listed above, EPA also will conduct research across programs in the
following areas:
• PFAS Research: PFAS are a class of chemicals of growing concern in the environment,
and EPA has committed to taking action to support states, tribes, and local communities
understand and manage risks associated with these chemicals. A significant challenge for
risk managers at the tribal, state, and local level is how to identify and remove or treat
PFAS chemicals that are impacting drinking water supplies. Additional knowledge is
needed regarding how to measure and quantify different PFAS chemicals in water, how to
remove or treat PFAS chemicals when detected, and how to estimate the cost of different
treatment alternatives so that utilities can make informed investment decisions. In FY 2023,
EPA will increase its PFAS research efforts, with specific emphasis on implementing the
PFAS Strategic Roadmap.161
Within the SSWR Research Program, EPA is:
o Developing and validating standard methods for measuring different PFAS
chemicals in water and water treatment residuals (e.g., biosolids);
o Reviewing available literature on effectiveness and cost data for different water
treatment technologies applied to different PFAS chemicals; and
o Conducting pilot- and bench-scale testing of the most promising technologies to
further evaluate effectiveness.
This work is being done in collaboration with water utilities and water treatment
technology suppliers. The results of this work will be posted to EPA's public Drinking
Water Treatability Database so the information will be widely available to
stakeholders.162
• Lead: EPA, the Centers for Disease Control and Prevention, and the American Academy
of Pediatrics unanimously agree that there is no safe level of lead in a child's blood and
that even low levels can result in behavior and learning problems, lower IQ, and other
health effects.163 In response to overwhelming scientific consensus and continued public
health concern, reducing childhood lead exposure is one of the highest priorities for
EPA.164
161 See EPA's PFAS Strategic Roadmap at: https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap final-508.pdf
162 For more information, please see: https://iaspub.epa.gOv/tdh/pages/general/home.do#content.
163 For more information, please see: https://www.cdc.gov/nceh/lead/prevention/blood-lead-levels.htm.
164 For more information, please see: https://www.epa.gov/lead.
164
-------
SSWR research focuses on:
o Establishing reliable models for estimating lead exposure from drinking water;
o Developing improved sampling techniques and strategies for identifying and
characterizing lead in plumbing materials, including lead service lines;
o Developing guidance on optimizing lead mitigation strategies; and
o Testing and evaluating treatment processes for removing lead from drinking
water. The overall impact of this research will provide information and tools
that EPA, states, tribes, utilities, and communities can use to minimize or
eliminate lead exposure in drinking water.
Research Planning:
EPA 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 stakeholders.
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.
• State Engagement
o EPA's state engagement165 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:
(PM RD1) Percentage of ORD research products meeting partner needs.
FY 2022
Target
FY 2023
Target
93
94
165 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
• Tribal
o
165
-------
(PM RD2) Number of ORD activities related to environmental justice that
involve or are designed to be applicable to tribes, states, territories, local
governments, and communities.
FY 2022
Target
FY 2023
Target
No Target
Established
TBD
(PM RD4) Percentage of ORD environmental justice-related research
products meeting partner needs.
FY 2022
Target
FY 2023
Target
93
94
(PM RD5) Number of actions implemented for EPA scientific integrity
objectives.
FY 2022
Target
FY 2023
Target
No Target
Established
21
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$2,993.0) 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.
• (+$116.0) This change to fixed and other costs is an increase due to the recalculation of
laboratory fixed costs.
• (+$250.0) This program change increases funding for EPA's PFAS research efforts, with
specific emphasis on implementing the PFAS Strategic Roadmap.
• (+$3,677.0 / +20.0 FTE) This net program change increases funding and FTE for the Safe
and Sustainable Water Resources Program. These FTE will help to address the challenges
of aging water infrastructure, contaminants of concern, harmful algal blooms, and
diminished water availability. This investment includes $3,567 million in payroll.
Statutory Authority:
Safe Drinking Water Act (SDWA) § 1442(a)(1); Clean Water Act §§ 101(a)(6), 104, 105;
Environmental Research, Development, and Demonstration Authorization Act (ERDDAA);
Marine Protection, Research, and Sanctuaries Act (MPRSA) § 203; Title II of Ocean Dumping
Ban Act of 1988 (ODBA); Water Resources Development Act (WRDA); Wet Weather Water
Quality Act of 2000; Marine Plastic Pollution Research and Control Act of 1987 (MPPRCA);
National Invasive Species Act; Coastal Zone Amendments Reauthorization Act (CZARA);
Coastal Wetlands Planning, Protection and Restoration Act; Endangered Species Act (ESA); North
American Wetlands Conservation Act; Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA); Toxic Substances Control Act (TSCA).
166
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Research: Sustainable Communities
167
-------
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
Scii'iuc A- lecliiwloxy
S//-\~/~
SI 33.000
S141.4"
S.S',7""
Leaking Underground Storage Tanks
$303
$320
$337
$17
Inland Oil Spill Programs
$1,149
$664
$674
$10
Hazardous Substance Superfiind
$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 supports the following
broad community-based goals: 1) accelerate the pace of contaminated site cleanups; 2) return
contaminated sites to beneficial use in their communities; 3) protect vulnerable groups, such as
communities with environmental justice concerns and children; 4) revitalize the most vulnerable
communities; and 5) understand the connections between healthy ecosystems, healthy people, and
healthy communities. SHC research provides decision-makers with the latest scientific
information on how the interrelationships between socio-economic, human health, and
environmental factors impact the environmental health of communities. The research and tools
generated, including those related to health disparities and social determinants of health, aim to
minimize negative, unintended consequences to human health and the environment and promote
resilience to the impacts of climate change across communities.
The SHC Research Program has made a commitment to foster environmental, public health, and
economic benefits for overburdened communities. Remedial technologies will directly support
communities with environmental justice concerns and accelerate solutions for the risks that
contaminated sites pose to underserved communities. The SHC program will focus on systems
approaches that consider how remediation and other technologies can reduce risk to sensitive
populations and improve climate adaptation and climate resilience. SHC will apply an integrated
systems approach to incorporate diverse data streams for increased understanding of linkages
between the total environment (built, natural and social) and public health to support communities
and will highlight climate change and environmental justice related research throughout the
program.
168
-------
Recent Accomplishments of the SHC Research Program include:
• Beneficial Use of Dredged Materials: Opportunities, Community Benefits, and
Applied Guidance (Published in December 2020):166 Federal navigation channels
throughout the US are maintained through operations and maintenance dredging of rivers
and harbors. Much of this material is disposed through open water or contained disposal
facility placement. While dredged materials may contain contaminants, there is a
significant amount of material that is clean and may have beneficial uses in society. Thus,
there is increased pressure to identify beneficial uses for dredged material, such as
contaminated site remediation and aquatic habitat restoration. This project identified
barriers and opportunities related to using clean dredged materials to remediate
contaminated sites along with providing a tool for municipalities and other agencies to
better understand the social and ecological benefits of utilizing dredged materials in
cleanups or habitat restoration. The research team utilized and augmented the EPA
EcoService Models Library; developed a representative case study database; and produced
a report to support decision-making for dredged materials. This project created a
foundation of information, a use-refined tool, and a concept map to guide application for
different stakeholders in future projects.
• Supply Chain Emission Factors for US Commodities and Industries (Published in
July 2020):167 Researchers developed a comprehensive set of supply chain emission
factors covering all categories of goods and services in the US economy. Purchased goods
and services and capital goods represent a significant source of emission for many
organizations. The final emission factors are available in the Supply Chain Emission
Factors for US Industries and Commodities dataset. Organizations can use these supply
chain factors to calculate the life cycle greenhouse gas (GHG) emissions/carbon footprints
of their purchases, or for reporting Scope 3 GHG emissions under the global Greenhouse
Gas Protocol.
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.
SHC's FY 2023 research will focus on three topic areas: 1) Advancing Remediation and
Restoration of Contaminated Sites; 2) Materials Management and Beneficial Reuse of Waste; and
3) Integrated Systems Approach to Building Healthy and Resilient Communities. This research
will integrate and translate public health, environmental engineering, and ecosystem science to
provide:
• Remediation solutions through permanent remedies, accounting for climate change, and
innovative treatment technologies for returning contaminated sites to safe and productive
use;
166 For more information, please see: https://intranet.ord.epa.gov/sites/default/files/2021-
017IIMMT%20RESES%20Final%20Report 508.pdf.
167 For more information, please see: https://cfpub.epa.gov/si/si_public_record_Report.cfm?dirEntryId=349324&Lab=CESER.
169
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• Tools for sustainable materials management and beneficial reuse of materials; and
• Approaches for revitalizing communities, particularly those that are underserved and
overburdened, including but not limited to those impacted by climate change.
The SHC Research Program provides state-of-the-science methods, models, tools, and
technologies to the Land and Emergency Management Program for use in programmatic guidance
and to support EPA decision makers with in-site cleanup. These approaches will address
contaminated sediments and groundwater, as well as health risks posed by vapor intrusion and
chemicals of immediate concern, such as per- and polyfluoroalkyl substances (PFAS) and lead. To
support prevention of future land contamination problems, SHC develops life cycle analysis tools
and explores opportunities for beneficial reuse of materials to reduce environmental impact.
Finally, SHC research and development also will provide programs, regional partners, and local
communities with research and tools they can apply to assess how they can become more resilient
to and adapt to climate change. This community-oriented research is designed to revitalize
communities, support the protection of children's health, and address critical health impacts on
vulnerable populations. These efforts support community sustainability and increase community
resilience to natural disasters including those impacted by climate change.
Specifically, in FY 2023, SHC Research will conduct research in the following areas:
• Advancing Remediation and Restoration of Contaminated Sites: EPA research under
this topic will primarily focus on developing and testing remedial alternatives for treating
contaminated soils, sediments, groundwater sites, vapor intrusion sites, and sites with
PFAS and lead contamination, along with providing technical support to the Office of Land
and Emergency Management (OLEM), regions, tribes, and states to translate the research
into usable approaches.
• PFAS Research: PFAS will continue to be an important research topic for SHC. SHC is
specifically researching analytical methods, human exposure, contaminated sites source
zones, hard to treat streams such as landfill leachate, fate and transport of PFAS in
groundwater, remediation performance (treatability and cost models),
immobilization/stabilization of PFAS, and novel remedial technologies. This work
provides technical support and assistance to tribes, states, and local communities on issues
pertaining to ecological and human health risk assessment and site engineering challenges
related to PFAS. In FY 2023, EPA is investing additional funds in PFAS research, with
specific emphasis on implementing the PFAS Strategic Roadmap.168
• Lead Research: The SHC Research Program is working to identify locations of high
exposures and blood lead levels to target lead sources for mitigation. The research program
also will develop innovative methods to clean up lead at Superfund and other contaminated
sites and strengthen the scientific basis of the Agency's lead-related regulatory and clean-
up decisions. The SHC Research Program also will enhance models and methods that
determine key drivers of blood lead levels to inform regulatory decisions, develop tools to
identify and prioritize communities with higher incidence of increased blood lead levels in
168 See EPA's PFAS Strategic Roadmap at: https://www.epa.gov/systeiii/files/documeiits/2021-10/pfas-roadmap final-508.pdf
170
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children, and provide the data needed to reduce uncertainty in lead exposure and risk
analysis. EPA's research in this area is essential to support ongoing Agency efforts, as well
as filling in the data gaps for federal partners, tribes, states, and local communities.
• Materials Management and Beneficial Reuse of Waste: EPA research under SHC's
Materials Management and Beneficial Reuse of Waste aims to strengthen the scientific
basis for the Nation's materials management decisions and guidance at the tribal, state, and
community levels. The overall goal of this research is to increase sustainability through
reducing waste and supporting more circular economies, including supporting the
implementation of the 2021 National Recycling Strategy. Primary research efforts will
focus on developing lifecycle-based assessment tools for sustainable materials
management, evaluating the design, application, and use of landfills as well as the
degradation of liner material and improved monitoring strategies and their long-term
impact on human health and the environment, and developing waste-management
methodologies that can minimize adverse impacts to human health and the environment
through proposed beneficial use and reuse. This work will include research that increases
the effectiveness of food waste campaigns and examines food waste collection and
pretreatment technologies from a lifecycle perspective. These efforts support an
agencywide goal to reduce domestic food loss and waste by half by the year 2030.169
• Integrated Systems Approach to Building Healthy and Resilient Communities: The
SHC Research Program will evaluate and communicate the benefits from remediation,
restoration, and revitalization of contaminated sites and provide community-driven
solutions with measurable outcomes. These efforts will help communities meet their needs
for building resilience to the impacts of climate change, including the health and well-being
of those most vulnerable. Research under the Healthy and Resilient Communities topic will
provide the scientific basis for guidance, best practices, and tools to support decisions by
the Agency, its stakeholders, tribes, and states to optimize health and well-being outcomes
while minimizing unintended consequences. In addition, EPA is investing funds to increase
protection of communities located near the fence line of industrial facilities.
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 stakeholders.
The Office of Research and Development (ORD) works with various groups, including
communities, to ensure the integrity and value of its research through a variety of mechanisms
that include:
169 For more information, please visit: https://www.epa.gov/sustainafate-iiiaiiageiiient-fbod.
171
-------
• 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.
• State Engagement
o EPA's state engagement170 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.
• Tribal Partnerships
o 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:
(PM RD1) Percentage of ORD research products meeting partner needs.
FY 2022
Target
FY 2023
Target
93
94
(PM RD2) Number of ORD activities related to environmental justice that
involve or are designed to be applicable to tribes, states, territories, local
governments, and communities.
FY 2022
Target
FY 2023
Target
No Target
Established
TBD
(PM RD4) Percentage of ORD environmental justice-related research
products meeting partner needs.
FY 2022
Target
FY 2023
Target
93
94
(PM RD5) Number of actions implemented for EPA scientific integrity
objectives.
FY 2022
Target
FY 2023
Target
No Target
Established
21
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$3,094.0) 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 to fixed and other costs is an increase due to the recalculation of
laboratory fixed costs.
170 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
172
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• (+$1,356.0) This program change increases funding for EPA's PFAS research efforts, with
specific emphasis on implementing the PFAS Strategic Roadmap.
• (+$200.0) This program change increases resources to fund protection of communities
located near the fence line of industrial facilities.
• (+$3,721.0 / +20.0 FTE) This net program change increases funding and FTE for the
Sustainable and Healthy Communities Research Program. These FTE will help to address
the acceleration of cleanup and return of contaminated sites to beneficial use, protection of
vulnerable populations, and the revitalization of vulnerable communities. This investment
includes $3,576 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 as Title 5 App.) (EPA's organic statute).
173
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Water: Human Health Protection
174
-------
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
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Environmental Programs &. Management
S97.190
SI 06.903
SI 33.258
S26.355
Scii'iici' A- t echnology
$4,tm
S-IJfi-l
$2,-112
Total Budget Authority
$101,278
$111,267
$140,034
$28,767
Total Workyears
480.3
475.2
547.2
72.0
Program Project Description:
The Drinking Water Technical Support Center is responsible for a range of activities to address
drinking water contamination. The Center:
• leads the collection of national occurrence data for unregulated contaminants in drinking
water;
• develops, evaluates, and approves analytical methods that are used to accurately and
reliably monitor drinking water contaminants;
• leads the national program under which laboratories are certified to conduct the analyses
of drinking water contaminants with approved analytical methods; and,
• collaborates with states and public water systems to implement tools that optimize
treatment and improve water quality by helping systems achieve compliance and maximize
technical capacity while reducing operational costs.
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 l'Y 2022 - 2026 EPA Strategic Plan. The program also will
support the Agency's Infrastructure Investment and Jobs Act implementation priorities.
In FY 2023, EPA is requesting funding for the Drinking Water Technical Support Center to carry
out the activities listed below:
• Lead rule development and implementation activities for the Unregulated Contaminant
Monitoring Rule (UCMR), a federal direct implementation program coordinated by EPA, as
directed by the Safe Drinking Water Act (SDWA).
o The data collected pursuant to this rule support the Agency's determination of whether to
establish health-based standards to protect public health. Data reporting under the UCMR's
fourth cycle (UCMR 4) concluded at the end of calendar year (CY) 2021. EPA compiled
and published the final data set for the fourth cycle in FY 2022.
175
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o In December 2021, the Agency published the final rule for the UCMR's fifth cycle (UCMR
5). EPA is conducting pre-monitoring implementation activities throughout CY 2022 to
prepare for the upcoming UCMR 5 sampling period from January 2023 through December
2025.
o UCMR 5 is the first cycle to implement the monitoring provisions of America's Water
Infrastructure Act of 2018 (AWIA), which requires, subject to the availability of
appropriations and adequate laboratory capacity, sampling at all small public water systems
(PWSs) serving between 3,300 and 10,000 persons. AWIA also requires monitoring at a
representative sample of small PWSs serving fewer than 3,300 persons. EPA
implementation efforts need to significantly expand to address a 7.5-fold increase in the
number of small-system samples as a result of AWIA.
o EPA is responsible for managing and funding the small-system monitoring. Key activities
for EPA include ensuring laboratories are available to perform the required analyses,
managing the field sample collection and sample analysis for small systems, and managing
data reporting by large systems. In addition, EPA makes the UCMR data available to state
and tribal partners and to the public.
• Lead the development, revision, evaluation, and approval of analytical methods for
unregulated and regulated contaminants in drinking water to assess and ensure protection of
public health (e.g., polyfluoroalkyl substances [PFAS]). This work supports the activities
underway for the Agency's PFAS Roadmap and is expected to support priorities identified by
the EPA Council on PFAS.
• Implement EPA's Drinking Water Laboratory Certification Program,171 which sets direction
for oversight of state, municipal, and commercial laboratories that analyze drinking water
samples. EPA will conduct regional laboratory certification program reviews and deliver
laboratory certification officer training courses (chemistry and microbiology) for state and
regional representatives. The certification program and trainings will help to ensure the quality
of drinking water analyses conducted in FY 2023.
• Partner with states and water systems to optimize their treatment technology and distribution
systems under the drinking water Area Wide Optimization Program (AWOP).172 AWOP is a
highly successful technical/compliance assistance and training program that enhances the
ability of public water systems to comply with existing microbial, disinfectant, and disinfection
byproduct standards, and to address distribution system integrity and water quality issues.
During FY 2023, EPA expects to work with states and tribes to expand efforts to train and
assist systems, including those in disadvantaged and tribal communities. This effort includes
identifying performance limiting factors at public water systems and developing and applying
tailored tools to help them overcome operational challenges, achieve performance and
optimization levels, and address health-based compliance challenges. The technical assistance
provided by AWOP can be instrumental in supporting public water systems with limited
financial capacity to effectively address drinking water quality issues.
171 For more information, please see: https://www.epa.gov/dwlabcert.
172 For more information, please see: https://www.epa.gov/sdwa/optimization-program-drinkiiig-water-systems.
176
-------
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act (SDWA) implementation and
compliance and requirements in the Drinking Water State Revolving Fund and Categorical Grant:
Public Water System Supervision Programs under the STAG appropriation to support safe
drinking water for the nation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$187.0) 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.
• (+$187.0 / +1.0 FTE) This program change is an increase in resources and FTE to support
the activities associated with the Evidence Act. This investment includes $182.0 thousand
in payroll.
• (+$2,038.0 / +4.0 FTE) This program change is an increase in resources and FTE to support
regulatory analysis, development and training, and 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. The increase also supports
development of the Lead and Copper Rule Revisions and the Unregulated Contaminant
Monitoring Rule. This investment includes $729.0 thousand in payroll.
Statutory Authority:
SDWA.
177
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Congressional Priorities
178
-------
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
Environmental Programs &. Management
SO
S21.700
so
-S21.700
Scii'iici' A- t echnology
$0
S ',500
so
-$7,500
Total Budget Authority
$0
$29,200
$0
-$29,200
Program Project Description:
In FY 2021 and in the FY 2022 Annualized Continuing Resolution, Congress appropriated $7.5
million in the Science and Technology appropriation to fund high priority water quality and water
availability research. EPA was instructed by Congress to award grants on a competitive basis,
independent of the Science to Achieve Results (STAR) Program, and to give priority to not-for-
profit organizations that: 1) conduct activities that are national in scope; 2) can provide a 25 percent
match, including in-kind contributions; and 3) often partner with the Agency.
FY 2023 Activities and Performance Plan:
Resources are proposed for elimination for this Program in FY 2023.
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):
• (-$7,500.0) Resources are proposed for elimination for this program in FY 2023. The goals
of this program can be accomplished through core statutory programs.
Statutory Authority:
CAA 42 U.S.C. 7401 et seq. Title 1, Part A - Sec. 103 (a) and (d) and Sec. 104 (c); CAA 42 U.S.C.
7402(b) Section 102; CAA 42 U.S.C. 7403(b)(2) Section 103(b)(2); dinger Cohen Act, 40 U.S.C.
11318; CERCLA (Superfund, 1980) Section 209(a) of Public Law 99-499; Children's Health Act;
CWA, Sec. 101 - 121; CWPPRA; CZARA; CZMA 16 U.S.C. 1451 - Section 302; Economy Act,
31 U.S.C. 1535; EISA, Title II Subtitle B; ERDDA, 33 U.S.C. 1251 - Section 2(a); ESA, 16 U.S.C.
1531 - Section 2; FFDCA, 21 U.S.C. Sec. 346; FIFRA (7 U.S.C. s/s 136 et seq. (1996), as
amended), Sec. 3(c)(2)(A); FQPA PL 104-170; Intergovernmental Cooperation Act, 31 U.S.C.
179
-------
6502; MPRSA Sec. 203, 33 U.S.C. 1443; NAWCA; NCPA; National Environmental Education
Act, 20 U.S.C. 5503(b)(3) and (b)(ll); NEPA of 1969, Section 102; NISA; ODBA Title II; PPA,
42 U.S.C. 13103; RCRA; SDWA (1996) 42 U.S.C. Section 300j-18; SDWA Part E, Sec. 1442
(a)(1); TSCA, Section 10, 15, 26, U.S.C. 2609; USGCRA 15 U.S.C. 2921; WRDA; WRRA; and
WWWQA.
180
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Environmental Programs and Management
Program Projects in EPM 186
Brownfields 191
Brownfields 192
Clean Air 195
Clean Air Allowance Trading Programs 196
Climate Protection 202
Federal Stationary Source Regulations 215
Federal Support for Air Quality Management 220
Stratospheric Ozone: Domestic Programs 230
Stratospheric Ozone: Multilateral Fund 236
Compliance 238
Compliance Monitoring 239
Enforcement 246
Civil Enforcement 247
Criminal Enforcement 252
NEPA Implementation 255
Environmental Justice 258
Environmental Justice 259
Geographic Programs 267
Geographic Program: Chesapeake Bay 268
Geographic Program: Gulf of Mexico 271
Geographic Program: Lake Champlain 274
Geographic Program: Long Island Sound 277
Geographic Program: Other 280
Geographic Program: South Florida 286
Geographic Program: San Francisco Bay 290
Geographic Program: Puget Sound 293
Great Lakes Restoration 296
Homeland Security 303
Homeland Security: Communication and Information 304
181
-------
Homeland Security: Critical Infrastructure Protection 311
Homeland Security: Protection of EPA Personnel and Infrastructure 313
Indoor Air and Radiation 315
Indoor Air: Radon Program 316
Radiation: Protection 318
Radiation: Response Preparedness 320
Reduce Risks from Indoor Air 323
Information Exchange 326
Children and Other Sensitive Populations: Agency Coordination 327
Environmental Education 331
Exchange Network 334
Executive Management and Operations 337
Small Business Ombudsman 343
Small Minority Business Assistance 347
State and Local Prevention and Preparedness 351
TRI / Right to Know 354
Tribal - Capacity Building 358
International Programs 361
International Sources of Pollution 362
Trade and Governance 367
US Mexico Border 369
IT/ Data Management/ Security 373
Information Security 374
IT / Data Management 380
Legal/ Science/ Regulatory/ Economic Review 384
Administrative Law 385
Alternative Dispute Resolution 388
Civil Rights Program 390
Integrated Environmental Strategies 397
Legal Advice: Environmental Program 403
Legal Advice: Support Program 408
Regional Science and Technology 411
182
-------
Regulatory/Economic-Management and Analysis 414
Science Advisory Board 419
Operations and Administration 422
Acquisition Management 423
Central Planning, Budgeting, and Finance 427
Facilities Infrastructure and Operations 433
Financial Assistance Grants / IAG Management 436
Human Resources Management 439
Pesticides Licensing 444
Science Policy and Biotechnology 445
Pesticides: Protect Human Health from Pesticide Risk 448
Pesticides: Protect the Environment from Pesticide Risk 454
Pesticides: Realize the Value of Pesticide Availability 461
Resource Conservation and Recovery Act (RCRA) 465
RCRA: Corrective Action 466
RCRA: Waste Management 469
RCRA: Waste Minimization & Recycling 474
Toxics Risk Review and Prevention 478
Endocrine Disruptors 479
Pollution Prevention Program 482
Toxic Substances: Chemical Risk Review and Reduction 487
Toxic Substances: Lead Risk Reduction Program 498
Underground Storage Tanks (LUST/UST) 502
LUST/UST 503
Water Ecosystems 507
National Estuary Program / Coastal Waterways 508
Program Project Description: 508
Wetlands 511
Water: Human Health Protection 514
Beach / Fish Programs 515
Drinking Water Programs 517
Water Quality Protection 526
Marine Pollution 527
183
-------
Surface Water Protection 530
Congressional Priorities 541
Water Quality Research and Support Grants 542
184
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: Environmental Programs & Management
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
Environmental Programs &
Management
Budget Authority
$2,572,857
$2,761,550
$3,796,280
$1,034,730
Total Workyears
8,677.8
8,883.4
10,332.1
1,448.7
Bill Language: Environmental Programs and Management
For environmental programs and management, including necessary expenses not otherwise
providedfor, for personnel and related costs and travel expenses; hire and purchase ofpassenger
motor vehicles, including zero emission passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in societies or associations which
issue publications to members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the Small Business Liability
Relief and Brownfields Revitalization Act of2002; implementation of a coal combustion residual
permit program under section 2301 of the Water and Waste Act of 2016; and not to exceed $9,000
for official reception and representation expenses, 3,796,280,000, to remain available until
September 30, 2024: Provided, That of the funds included under this heading, $578,336,000 shall
be for Geographic Programs specified in the explanatory statement: Providedfurther, That of the
funds included under this heading, the Chemical Risk Review and Reduction program project shall
be allocatedfor this fiscal year, excluding the amount of any fees appropriated, not less than the
amount of appropriations for that program project for fiscal year 2014: Providedfurther, That of
the funds included under this heading, $140,000,000, to remain available until expended, shall be
for environmental justice implementation grants, of which $50,000,000 shall be for competitive
grants to reduce the disproportionate health impacts of environmental pollution in the
environmental justice community; $25,000,000 shall be for an Environmental Justice Community
Grant Program for grants to nonprofits to reduce the disproportionate health impacts of
environmental pollution in the environmental justice community; $25,000,000 shall be for an
Environmental Justice State Grant Program for grants to states to create or support state
environmental justice programs; $25,000,000 shall be for a Tribal Environ- mental Justice Grant
Program for grants to tribes or intertribal consortia to support tribal work to eliminate
disproportionately adverse human health or environmental effects on environmental justice
communities in Tribal and indigenous communities; and $15,000,000 shall be for a competitive
Community-based Participatory Research Grant Program for grants to institutions of higher
education to develop partnerships with community-based organizations to improve the health
outcomes of residents and workers in environmental justice communities: Provided further, That
up to 5% of the funds provided by the previous proviso may be reserved for salaries, expenses,
and administration: Providedfurther, That of the funds included under this heading, $10,000,000,
185
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to remain available until expended, shall be for an Environmental Justice Training Program for
grants to nonprofits for multi-media or single media activities to increase the capacity of residents
of underserved communities to identify and address disproportionately adverse human health or
environ- mental effects ofpollution: Providedfurther, That up to 5% of the funds provided by the
previous proviso may be reserved for salaries, expenses, and administration.
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 EPM
[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
Clean Air and Climate
Clean Air Allowance Trading
Programs
$12,920
$13,153
$23,523
$10,370
Climate Protection
$91,632
$97,000
$125,216
$28,216
Federal Stationary Source Regulations
$19,317
$20,733
$41,617
$20,884
Federal Support for Air Quality
Management
$131,015
$138,020
$289,010
$150,990
Stratospheric Ozone: Domestic
Programs
$4,805
$4,633
$26,607
$21,974
Stratospheric Ozone: Multilateral Fund
$8,326
$8,711
$18,000
$9,289
Subtotal, Clean Air and Climate
$268,013
$282,250
$523,973
$241,723
Indoor Air and Radiation
Indoor Air: Radon Program
$2,224
$3,136
$5,004
$1,868
Radiation: Protection
$8,283
$7,661
$10,588
$2,927
Radiation: Response Preparedness
$2,703
$2,404
$3,004
$600
Reduce Risks from Indoor Air
$10,968
$11,750
$23,542
$11,792
Subtotal, Indoor Air and Radiation
$24,178
$24,951
$42,138
$17,187
Brownfields
Brownfields
$22,136
$24,000
$36,842
$12,842
Compliance
Compliance Monitoring
$97,583
$102,500
$144,770
$42,270
Enforcement
186
-------
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
Civil Enforcement
$164,888
$168,341
$210,011
$41,670
Criminal Enforcement
$49,588
$51,275
$61,411
$10,136
NEPA Implementation
$15,809
$16,943
$19,883
$2,940
Subtotal, Enforcement
$230,285
$236,559
$291,305
$54,746
Environmental Justice
Environmental Justice
$10,343
$11,838
$294,938
$283,100
Geographic Programs
Geographic Program: Chesapeake Bay
$77,876
$87,500
$90,568
$3,068
Geographic Program: Gulf of Mexico
$5,335
$20,000
$22,524
$2,524
Geographic Program: Lake Champlain
$14,996
$15,000
$20,000
$5,000
Geographic Program: Long Island
Sound
$30,361
$30,400
$40,002
$9,602
Geographic Program: Other
Lake Pontchartrain
$0
$1,900
$1,932
$32
S.New England Estuary (SNEE)
$5,152
$5,500
$6,252
$752
Geographic Program:
Other (other activities)
$1,579
$3,000
$3,024
$24
Subtotal, Geographic Program: Other
$6,731
$10,400
$11,208
$808
Great Lakes Restoration
$306,380
$330,000
$340,111
$10,111
Geographic Program: South Florida
$1,369
$6,000
$7,202
$1,202
Geographic Program: San Francisco
Bay
$6,718
$8,922
$12,004
$3,082
Geographic Program: Puget Sound
$32,946
$33,750
$35,016
$1,266
Subtotal, Geographic Programs
$482,712
$541,972
$578,635
$36,663
Homeland Security
Homeland Security: Communication
and Information
$3,893
$4,145
$4,650
$505
Homeland Security: Critical
Infrastructure Protection
$733
$909
$1,014
$105
Homeland Security: Protection of EPA
Personnel and Infrastructure
$4,915
$4,959
$5,139
$180
Subtotal, Homeland Security
$9,540
$10,013
$10,803
$790
Information Exchange / Outreach
187
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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
State and Local Prevention and
Preparedness
$13,402
$13,736
$22,908
$9,172
TRI / Right to Know
$12,689
$13,206
$13,675
$469
Tribal - Capacity Building
$12,945
$12,902
$16,386
$3,484
Executive Management and Operations
$48,837
$46,836
$63,256
$16,420
Environmental Education
$3,311
$8,580
$8,668
$88
Exchange Network
$13,713
$14,084
$14,413
$329
Small Minority Business Assistance
$1,756
$1,680
$1,935
$255
Small Business Ombudsman
$1,250
$1,778
$2,183
$405
Children and Other Sensitive
Populations: Agency Coordination
$8,277
$6,173
$6,362
$189
Subtotal, Information Exchange / Outreach
$116,181
$118,975
$149,786
$30,811
International Programs
US Mexico Border
$2,818
$2,837
$3,275
$438
International Sources of Pollution
$6,409
$6,746
$11,758
$5,012
Trade and Governance
$5,894
$5,292
$6,187
$895
Subtotal, International Programs
$15,121
$14,875
$21,220
$6,345
IT / Data Management / Security
Information Security
$6,765
$8,285
$23,739
$15,454
IT / Data Management
$74,013
$82,715
$98,452
$15,737
Subtotal, IT / Data Management / Security
$80,777
$91,000
$122,191
$31,191
Legal / Science / Regulatory / Economic
Review
Integrated Environmental Strategies
$9,614
$9,475
$40,912
$31,437
Administrative Law
$3,768
$4,975
$5,882
$907
Alternative Dispute Resolution
$533
$864
$1,175
$311
Civil Rights Program
$8,968
$9,205
$25,869
$16,664
Legal Advice: Environmental Program
$55,700
$49,595
$76,855
$27,260
Legal Advice: Support Program
$16,645
$15,865
$18,892
$3,027
Regional Science and Technology
$466
$638
$4,923
$4,285
Science Advisory Board
$3,422
$3,205
$3,981
$776
Regulatory/Economic-Management
and Analysis
$13,850
$12,421
$16,247
$3,826
188
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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
Subtotal, Legal / Science / Regulatory /
Economic Review
$112,967
$106,243
$194,736
$88,493
Operations and Administration
Central Planning, Budgeting, and
Finance
$71,528
$76,718
$89,154
$12,436
Facilities Infrastructure and Operations
$257,524
$285,441
$288,293
$2,852
Acquisition Management
$30,623
$32,247
$40,017
$7,770
Human Resources Management
$48,256
$46,229
$66,087
$19,858
Financial Assistance Grants / IAG
Management
$27,294
$25,430
$33,040
$7,610
Subtotal, Operations and Administration
$435,225
$466,065
$516,591
$50,526
Pesticides Licensing
Science Policy and Biotechnology
$1,287
$1,546
$1,580
$34
Pesticides: Protect Human Health from
Pesticide Risk
$58,124
$60,181
$62,726
$2,545
Pesticides: Protect the Environment
from Pesticide Risk
$36,714
$39,543
$45,876
$6,333
Pesticides: Realize the Value of
Pesticide Availability
$6,034
$7,730
$7,979
$249
Subtotal, Pesticides Licensing
$102,159
$109,000
$118,161
$9,161
Research: Chemical Safety for
Sustainability
Research: Chemical Safety for
Sustainability
$115
$0
$0
$0
Resource Conservation and Recovery Act
(RCRA)
RCRA: Corrective Action
$33,921
$38,453
$39,820
$1,367
RCRA: Waste Management
$59,769
$70,465
$79,743
$9,278
RCRA: Waste Minimization &
Recycling
$8,404
$9,982
$10,444
$462
Subtotal, Resource Conservation and
Recovery Act (RCRA)
$102,095
$118,900
$130,007
$11,107
Toxics Risk Review and Prevention
Endocrine Disruptors
$5,209
$7,533
$7,614
$81
189
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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
Pollution Prevention Program
$11,476
$12,558
$17,121
$4,563
Toxic Substances: Chemical Risk
Review and Reduction
$72,643
$60,280
$124,243
$63,963
Toxic Substances: Lead Risk
Reduction Program
$11,991
$13,129
$13,749
$620
Subtotal, Toxics Risk Review and
Prevention
$101,318
$93,500
$162,727
$69,227
Underground Storage Tanks (LUST / UST)
LUST/UST
$10,373
$11,250
$12,564
$1,314
Protecting Estuaries and Wetlands
National Estuary Program / Coastal
Waterways
$29,496
$31,822
$32,184
$362
Wetlands
$18,562
$19,300
$25,637
$6,337
Subtotal, Protecting Estuaries and
Wetlands
$48,058
$51,122
$57,821
$6,699
Ensure Safe Water
Beach / Fish Programs
$1,146
$1,584
$1,827
$243
Drinking Water Programs
$97,190
$106,903
$133,258
$26,355
Subtotal, Ensure Safe Water
$98,335
$108,487
$135,085
$26,598
Ensure Clean Water
Marine Pollution
$8,206
$9,468
$12,299
$2,831
Surface Water Protection
$197,137
$206,882
$239,688
$32,806
Subtotal, Ensure Clean Water
$205,343
$216,350
$251,987
$35,637
Clean and Safe Water Technical
Assistance Grants
Water Quality Research and Support
Grants
$0
$21,700
$0
-$21,700
TOTAL EPM
$2,572,857
$2,761,550
$3,796,280
$1,034,730
190
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Brownfields
191
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Brownfields
Program Area: Brownfields
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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S 22.136
S 2-I.IHH)
Sjr>.tU2
SI2.X-/2
Total Budget Authority
$22,136
$24,000
$36,842
$12,842
Total Workyears
122.6
127.5
187.5
60.0
Program Project Description:
Brownfields sites are real property, the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a hazardous substance, pollutant, or
contaminant. Brownfields can be found in the heart of America's main streets and former
economic centers. The Brownfields Program supports efforts to revitalize these sites by awarding
grants and providing technical assistance to states, tribes, local communities, and other
stakeholders to work together to plan, inventory, assess, safely cleanup, and reuse brownfields.
Approximately 143 million people (roughly 44 percent of the U.S. population) live within three
miles of a brownfields site that receives EPA funding.173 Similarly, within a half mile of a
brownfields site receiving EPA funding, 21 percent of people live below the national poverty level,
17 percent have less than a high school education, 56 percent are people of color, and seven percent
are linguistically isolated. As of March 2022, grants awarded by the Program have led to over
146,000 acres of idle land made ready for productive use and over 183,000 jobs and over $35.0
billion leveraged.174
The Brownfields Program directly supports the goals of the Administration's Justice40 initiative.
Operating activities include: 1) conducting the annual, high volume cooperative agreement
competitions; 2) awarding new cooperative agreements; 3) managing the ongoing cooperative
agreement workload; 4) providing technical assistance and ongoing support to grantees; 5)
providing contractor supported technical assistance to non-grantee communities with brownfields;
6) collaborating with other agency programs; 7) operating the Assessment Cleanup and
Redevelopment Exchange System (ACRES) online grantee reporting tool; 8) assisting
communities to explore land reuse opportunities under the Land Revitalization Program; and 9)
developing guidance and tools that clarify potential environmental cleanup liabilities.
173 U.S. EPA, Office of Land and Emergency Management 2020. Data collected includes: (1) Superfund, Brownfield, and RCRA
Corrective Action site information as of the end of FY 2019; (2) UST/LUST information as of late-2018 to mid-2019 depending
on the state; and (3) 2015-2018 American Community Survey (ACS) Census data.
174 From EPA website: https://www.epa.gov/browiifields/browiifLelds-program-accomplishments-and-
benefits#:~:text=Enrolled%20over%2034%2C191%20properties%20annuallv.3%2C478%2C000%20acres%20readv%20for%20
reuse.
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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.
Today, there are more than 1,000 active Brownfields cooperative agreements (CAs) and hundreds
of land revitalization projects, targeted assessments, financial planning, and visioning sessions
taking place. All are supported and invigorated by the Brownfields Program's best tool -
community development specialists. Specialists are the backbone of the success of the Agency
broadly and they bring unique technical and program management experience, as well as public
and environmental health expertise, to individual brownfield communities. The communities the
program works with have achieved incredible things, but without the skilled guidance of EPA
community development specialists, the Program would not have had the success that
characterizes its history at the nexus between environmental revitalization and community
development.
To continue to build on these successes, along with the historic investment from the Infrastructure
Investment and Jobs Act, the Agency is investing $11.9 million and an additional 60 FTE in FY
2023. In FY 2021, a detailed Workload Model Analysis identified a significant barrier to engaging
with communities related to the availability of on-the-ground resources to conduct outreach and
communication. This investment of 60 regional FTE will provide expanded technical assistance
and build capacity in small, rural, Environmental Justice (EJ), and other historically disadvantaged
communities and support the Program as it implements a responsive, expansive, and innovative
environmental and economic community redevelopment program.
In FY 2023, the Brownfields Program will continue to manage approximately 1,000 assessment,
cleanup, Revolving Loan Fund (RLF), multi-purpose, and Environmental Workforce
Development and Job Training (EWDJT) cooperative agreements, as well as state and tribal
assistance agreements; training, research, and technical assistance agreements; Targeted
Brownfields Assessments; and land revitalization projects. The Brownfields Program also will
continue to foster federal, state, tribal, and public-private partnerships to return properties to
productive economic use, including in historically disadvantaged and EJ communities.
In FY 2023, the Brownfields Program will support the following activities:
• Compete and Award New Cooperative Agreements: Review, select, and award an
estimated 355 new cooperative agreements, which will lead to approximately $2.6 billion
and 13,480 jobs leveraged in future years.
• Oversight and Management of Existing Cooperative Agreements: Continue federal
fiduciary responsibility to manage approximately 1,000 existing brownfields cooperative
agreements in a reduced capacity, while ensuring the terms and conditions of the
agreements are met and provide limited technical assistance. The Program also will provide
targeted environmental oversight support to grantees (e.g., site eligibility determinations,
review of environmental site assessment and cleanup reports).
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• Technical Assistance: Provide technical assistance to states, tribes, and local communities
in the form of research, training, analysis, and support for community led planning
workshops. This can lead to cost effective implementation of brownfields redevelopment
projects by providing communities with the knowledge necessary to understand market
conditions, economic development and other community revitalization strategies, and how
cleanup and reuse can be catalyzed by small businesses.
• Collaboration: The Program will work collaboratively with our partners at the state, tribal,
and local level on innovative approaches to help achieve land reuse. It also will continue
to develop guidance and tools that clarify potential environmental cleanup liabilities,
thereby providing greater certainty for parties seeking to reuse these properties. The
Program also can provide direct support to facilitate transactions for parties seeking to
reuse contaminated properties.
• Accomplishment Tracking: Support the maintenance of the ACRES online grantee
reporting tool. This enables grantees to track accomplishments and report on the number
of sites assessed and cleaned up, and the amount of dollars and jobs leveraged with
brownfields grants.
• Land Revitalization Program Support: Provide support for approximately two
communities as part of EPA's Land Revitalization Program. The Land Revitalization
Program supports communities in their efforts to restore contaminated lands into
sustainable community assets.
Performance Measure Targets:
Work under this program supports performance results in the Brownfields Projects Program under
the STAG appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$953.0) 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.
• (+$11,889.0 / +60.0 FTE) This program change is an increase for community development
specialists to manage land revitalization projects, provide one-on-one financial planning
support, and educate tribal, rural, and EJ communities on how to address brownfields. This
investment includes $10,261 million in payroll.
Statutory Authority:
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), §§
101(39), 104(k), 128(a); Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, § 8001.
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Clean Air
195
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Clean Air Allowance Trading Programs
Program Area: Clean Air and Climate
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health 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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S 12.921)
S 13.1x1
N 2.1.52.1
s HU'o
Science & Technology
$4,809
$6,793
$8,800
$2,007
Total Budget Authority
$17,729
$19,946
$32,323
$12,377
Total Workyears
66.2
63.7
82.0
18.3
Program Project Description:
The Clean Air Allowance Trading Programs are nationwide and multi-state programs that address
air pollutants that are transported across state, regional, and international boundaries. The
programs are designed to control sulfur dioxide (SO2) and nitrogen oxides (NOx), key precursors
of both fine particulate matter (PM2.5) and ozone (O3), include Title IV (the Acid Rain Program)
of the Clean Air Act, the Cross-State Air Pollution Rule (CSAPR), the CSAPR Update, and the
revised CSAPR Update. The infrastructure for the Clean Air Allowance Trading Programs also
supports implementation of other state and federal programs to control SO2, hazardous air
pollutants, and greenhouse gases.
The Clean Air Allowance Trading Programs establish a total emission limit across affected
emission sources, which must hold allowances as authorizations to emit one ton of the regulated
pollutant(s) in a specific emission control period. The owners and operators of affected emission
sources may select among different methods of compliance—installing pollution control
equipment, switching fuel types, shifting generation to lower-emitting units, purchasing
allowances, or other strategies. By offering the flexibility to determine how the sources comply,
the programs lower the overall cost, making it feasible to pursue greater emission reductions.
These programs are managed through a centralized database system operated by EPA.175 Data
collected under these programs are made available to the public through EPA's Clean Air Markets
Data Resources website,176 which provides access to both current and historical data collected as
part of the Clean Air Allowance Trading Programs through charts, reports, and downloadable
datasets. To implement the Clean Air Allowance Trading Programs, EPA operates an emission
measurement and reporting program, market operations program, environmental monitoring
programs, and a communication and stakeholder engagement program.
For emissions measurement and reporting, Part 75 requires almost 4,300 affected units to monitor
and report emission and operation data.177 The Part 75 program requires high degrees of accuracy
175 Clean Air Act § 403(d).
176 For additional information, please refer to https:/Avww.epa.gov/aimiark.ets/data-resources.
177 Clean Air Act § 412; Clean Air Act Amendments of 1990. P.L. 101-549 § 821.
196
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and reliability from continuous emission monitoring systems or approved alternative methods at
the affected sources. EPA provides the affected emission sources with technical assistance to
facilitate compliance with the monitoring requirements, and software, the Emissions Collection
and Monitoring Plan System (ECMPS), to process, quality assure, and report data to EPA. To
assess the quality of the data, the Agency conducts electronic audits, desk reviews, and field audits
of the emission data and monitoring systems. In addition to the Clean Air Allowance Trading
Programs, the emission measurement program and ECMPS software support several state and
federal emission control and reporting programs, including the Texas SO2 Trading Program,
Regional Greenhouse Gas Initiative (RGGI), and Mercury and Air Toxics Standards (MATS). It
also interfaces with the Greenhouse Gas Reporting Program (GHGRP), ensuring the Part 75 data
is seamlessly transferred to that program's infrastructure (Electronic Greenhouse Gas Reporting
Tool (eGGRT)).
EPA's centralized market operation system (the allowance tracking system) manages accounts and
records allowance allocations and transfers.178 At the end of each compliance period, allowances
are reconciled against reported emissions to determine compliance for every facility with affected
emission sources. For over 20 years, the affected facilities have maintained near-perfect
compliance under the trading programs.179 In 2020, total annual SO2 emissions from Acid Rain
Program-affected emission sources were 788,000 tons, or over 90 percent below the statutory
nationwide emissions cap, a level not seen since early in the 20th Century. Total annual 2020 NOx
emissions were 759,000 tons, an almost nine million ton reduction from projected levels,
exceeding the Program's goal of a two million ton reduction from projected levels.180 The
allowance tracking system also supports several state and federal emission control and reporting
programs, including the Texas SO2 Trading Program, RGGI, and MATS.
The Clean Air Act's Good Neighbor provision181 requires states or, in some circumstances the
Agency, to reduce interstate pollution that significantly contributes to nonattainment or interferes
with maintenance of the National Ambient Air Quality Standards (NAAQS). Under this authority,
EPA issued CSAPR, which requires 27 states in the eastern U.S. to limit their state-wide emissions
of SO2 and/or NOx to reduce or eliminate the states' contributions to PM2.5 and/or ground-level
ozone non-attainment of the NAAQS in downwind states. The emission limitations are defined in
terms of maximum statewide "budgets" for emissions of annual SO2, annual NOx, and/or ozone-
season NOx emissions from certain large stationary sources in each state. In 2016, EPA issued the
CSAPR Update to address interstate transport of ozone for the 2008 ozone NAAQS in the eastern
United States. EPA revised the CSAPR Update on March 15, 2021, to address a ruling of the U.S.
Court of Appeals for the D.C. Circuit. In addition, EPA is supporting state efforts to address
regional haze including best available retrofit technology and reasonable progress, as well as
interstate air pollution transport contributing to downwind nonattainment of NAAQS as those
obligations relate to emissions from electricity generating units.182 EPA is conducting
environmental justice analyses of the distribution of these emissions and associated public health
impacts on overburdened communities.
178 Clean Air Act § 403(d).
179 For more information, please refer to: http://www3.epa.gov/aimrarkets/progress/reports/iiidex.html.
180 For more information, please refer to: https: //www, epa. gov/airmarkets/power-plant-emission-trends.
181 Clean Air Act § 110(a)(2)(D); also refer to Clean Air Act § 110(c).
182 Clean Air Act § 110 and § 169A; refer to 40 CFR 52.2312.
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EPA manages the Clean Air Status and Trends Network (CASTNET), which monitors ambient
ozone, sulfate, and nitrate concentrations, dry sulfur and nitrogen deposition, and other air quality
indicators. In addition, EPA participates in the National Atmospheric Deposition Program, which
monitors wet deposition of sulfur, nitrogen, and mercury, as well as ambient concentrations of
mercury and ammonia. EPA also manages the Long-Term Monitoring (LTM) program to assess
how lakes, streams, and aquatic ecosystems are responding to reductions in sulfur and nitrogen
emissions. Data from these air quality and environmental monitoring programs, in conjunction
with SO2, NOx, mercury, and CO2 emissions data from the Part 75 monitoring program and
mercury emissions data from the MATS reporting program, have allowed EPA to develop a
comprehensive accountability framework to track the results of its air quality programs. EPA
applies this framework to the programs it implements and issues annual progress reports on
compliance and environmental results achieved by the Acid Rain Program, CSAPR, and the
CSAPR Update, and pollution controls installed and emissions reductions achieved by MATS.183
Required by Congress since FY 2019 in the appropriations reports, these annual progress reports
highlight reductions in SO2 and NOx emissions, and impacts of these reductions on air quality
(e.g., ozone and PM2.5 levels), acid deposition, surface water acidity, forest health, and other
environmental indicators.
EPA produces several tools to inform the public and key stakeholders about power sector
emissions, operations, and environmental data. The Emissions & Generation Resource Integrated
Database (eGRID)184 is a comprehensive source of data on the environmental characteristics of
almost all electric power generated in the U.S. Data from eGRID are used by other EPA programs,
state energy and air agencies, and researchers. Between 2015 and 2020, eGRID was cited by more
than 1,300 academic papers. Power Profiler185 is a web application where electricity consumers
can see the fuel mix and air emissions rates of their region's electricity and determine the air
emissions associated with their electricity use. In keeping with the Agency's renewed commitment
to energy equity and environmental justice, EPA is developing analytical and mapping tools to
better understand and communicate the impact of electricity generation on low-income
communities and communities of color. EPA also operates several initiatives to engage key
stakeholders, including working closely with tribal governments to build tribal air monitoring
capacity through partnerships with the CASTNET Program. The EmPOWER Air Data
Challenge186 encourages academic researchers to propose how to integrate the EPA emissions
and/or environmental data in their research. The Ask Clean Air Markets Division (CAMD)
webinars provide an opportunity for stakeholders to ask EPA about the Clean Air Allowance
Trading Programs, Part 75 emission reporting program, and the emission and environmental data
programs.
EPA also develops multiple models and tools to project future emissions from the power sector to
inform EPA's air quality modeling, as well as water and land regulations affecting power plants.
The Integrated Planning Model (IPM) is a state-of-the-art, peer-reviewed, dynamic linear
programming model that EPA develops to project power sector behavior under future business-as-
usual conditions and to examine prospective air pollution control policies throughout the
183 To view the progress reports, please refer to: http://www3.epa.gov/airmarkets/progress/reports/index.html.
184 To view eGRID, please refer to https://www.epa.gov/egrid.
185 To view Power Profiler, please refer to https://www.epa.gov/egrid/power-profiler.
186 For more information about the challenge, refer to https://www.epa.gov/ainiiarkets/eiiipower-air-data-clialleiige.
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contiguous United States for the entire electric power system. EPA uses IPM, along with the
National Energy Modeling System (NEMS) and the Regional Energy Deployment System
(ReEDS), to estimate future electricity market conditions and associated pollutant emissions
scenarios resulting from legislative and regulatory policies under consideration by Congress and
the Administration. The National Electric Energy Data System (NEEDS) includes geographic,
operating, air emissions, and other data on existing and planned grid-connected electric generating
units across the contiguous United States. EPA updates and publishes NEEDS on a quarterly basis
to inform emission modeling projections and to provide timely information to air quality planners
and policymakers developing regulations to address power sector pollution. EPA is augmenting
these power sector models and tools to include important information pertinent to environmental
justice analyses and community-level impacts.
EPA implements the American Innovation and Manufacturing (AIM) Act, enacted to address
climate damaging HFCs by phasing down HFC production and consumption, maximizing
reclamation and minimizing releases of HFCs and their substitutes from equipment, and
facilitating the transition to next-generation technologies through sector-based restrictions.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will continue to operate the Clean Air Allowance Trading Programs and the
systems to assess compliance with the programs' regulatory requirements and the programs'
progress toward the environmental goals required by the Clean Air Act. EPA will work to meet
requirements and requests for modeling in support of the power sector and for legal defense of
regulatory actions. The Program will continue to support emission reporting for other state and
federal programs, including MATS and GHGRP.187 In FY 2023, EPA anticipates work on several
regulatory actions related to power plants including greenhouse gas emission guidelines for
existing power plants (replacing the previously-promulgated Clean Power Plan and the Affordable
Clean Energy Rule); interstate ozone transport obligations under the 2015 ozone standard; and
continued review of the appropriate and necessary finding and risk and technology review for
MATS.
This proposal expands EPA's ability to perform advanced power sector analyses to tackle the
climate crisis, including developing environmental justice tools to consider the distributional
impacts of emissions on overburdened communities.
Allowance tracking and compliance assessment
EPA will allocate SO2 and NOx allowances to affected emission sources and other account holders
as established in the Clean Air Act188 and state and federal CSAPR implementation plans. These
allowance holdings and subsequent allowance transfers will be maintained in an allowance
187 Refer to, 40 C.F.R. Part 63, Subpart UUUUU (National Emission Standards for Hazardous Air Pollutants: Coal and Oil Fired
Electric Utility Steam Generating Units) and 40 C.F.R. Part 98, Subpart D (Mandatory Greenhouse Gas Reporting: Electricity
Generation).
188 Clean Air Act §§ 110 and 403.
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tracking system (i.e., central database).189 EPA will annually reconcile each facility's allowance
holdings against its emissions to ensure compliance for all affected sources.190
Emission measurement and data collection and review
EPA will operate the Part 75 emission measurement program to collect, verify, and track emissions
of air pollutants and air toxics from approximately 4,300 fossil-fuel-fired electric generating
units.191
Program assessment and communication
EPA will continue to monitor ambient air, deposition, and other environmental indicators through
the CASTNET and LTM programs, serve as a part of the National Atmospheric Deposition
Program, publish the power sector progress reports required by Congress, and produce other
information to communicate the extent of the progress made by the Clean Air Allowance Trading
Programs.192 EPA will publish emissions and environmental data on our Air Markets and eGRID
websites.
Redesign system applications
In FY 2023, EPA will need to implement new HFC IT regulatory infrastructure to ensure EPA can
fulfill its legal obligations under the AIM Act and leverage the Clean Air Act to advance climate
and other air quality goals.
EPA will continue the redesign of its Air Markets Program Data (AMPD) website and Emission
Collection Monitoring Plan System (ECMPS) software. These mission critical systems support the
trading programs, as well as other emissions reporting programs operated by the states (e.g.,
RGGI) and EPA (e.g., MATS, GHGRP). Reengineering these decade-old systems will enable EPA
to enhance the user experience, comply with EPA security and technology requirements,
consolidate software systems, and reduce long-term operation and maintenance costs. The Clean
Air Markets Program Data will be released in FY 2022 with the sunset of its predecessor,
AMPD. ECMPS will be released in FY 2023.
Assistance to states
EPA will work with states to develop emission reduction programs to comply with the Clean Air
Act Good Neighbor Provision and Regional Haze program requirements.193
Stakeholder engagement
EPA will continue to engage our stakeholder communities through efforts to maintain and
strengthen current tribal air monitoring partnerships and build new ones to the extent possible. In
addition, EPA has new efforts underway to identify how power plant pollution impacts historically
marginalized and underserved communities, and how EPA air rules can mitigate those impacts.
EPA also seeks to communicate information about power plant emissions and the contributions to
low-income communities and communities of color, and encourage the use of the Clean Air
Allowance Trading Programs' data for scientific analysis and communication through various
189 Clean Air Act §§ 110 and 403.
190 Clean Air Act §§110 and 404-405, and state CSAPR implementation plans.
191 Clean Air Act § 412; Clean Air Act Amendments of 1990. P.L. 101-549 § 821; and 40 C.F.R. Part 63, Subpart UUUUU.
192 Government Performance and Results Act § 1115.
193 Clean Air Act § 110(a)(2)(D).
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programs and tools such as CAMD(ej), EmPOWER Air Data Challenge, and Ask CAMD
webinars.
Policy and regulatory development
EPA will contribute multipollutant and multi-media (air, water, land) power sector analyses
informing EPA's policy agenda to tackle the climate crisis and protect public health and the
environment, including environmental justice analyses to consider the distributional impacts of
emissions on overburdened communities. Analytic and policy topics addressing climate change
and air pollution that could be analyzed include a wide range of power sector actions under the
CAA, as well as analysis of interactions between alternative vehicle electrification futures and
associated changes in electric power generation.
Performance Measure Targets:
(PM NOX) Tons of ozone season NOx emissions from electric power
FY 2022
FY 2023
generation sources.
Target
Target
355,000
344,000
For more information on program performance, please visit:
https://www3.epa.eov/airmarkets/proeress/reports/.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$703.0) 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.
• (+$9,667.0 / +18.3 FTE) This program change is an increase in support for emissions
trading programs, including associated data systems, that protect human health and the
environment by delivering substantial emissions reductions in the power sector of SO2,
NOx, and hazardous air pollutants. This also supports allowance trading IT infrastructure,
including systems related to the implementation of the AIM Act which will reduce HFCs.
This proposal expands EPA's ability to perform advanced power sector analyses to tackle
the climate crisis, including developing environmental justice tools to consider the
distributional impacts of emissions on overburdened communities. This investment
includes $3,176 million in payroll.
Statutory Authority:
Clean Air Act.
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Climate Protection
Program Area: Clean Air and Climate
Goal: Tackle the Climate Crisis
Objective(s): Reduce Emissions that Cause Climate Change
(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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
s vim:
S'J'.OOO
SI 25.210
S 2N.2I0
Science & Technology
$7,057
$7,895
$10,169
$2,274
Total Budget Authority
$98,689
$104,895
$135,385
$30,490
Total Workyears
211.3
214.1
236.9
22.8
Program Project Description:
EPA's Climate Protection Program is working to tackle the climate crisis at home and abroad
through an integrated approach of regulations, partnerships, and technical assistance. This Program
takes strong action to limit carbon dioxide (CO2) and methane emissions as well as working to
reduce high-global warming potential greenhouse gases (GHG), like hydrofluorocarbons (HFCs),
that will help the U.S. realize near-term climate benefits. Through this program, EPA works with
federal, state, tribal, local government agencies and key GHG emitting sectors to tackle the climate
crisis and deliver environmental and public health benefits for all Americans. EPA builds
partnerships, provides tools, and verifies and publishes GHG data, economic modeling, and policy
analysis, all of which increase the understanding of climate science, impacts, and protection. EPA
also extends this expertise internationally and plays critical roles in shaping and advancing
international agreements and solutions. This international collaboration helps to both improve
public health and air quality in the United States and level the global playing field for American
businesses.
Greenhouse Gas Reporting Program:
EPA implements the U.S. Greenhouse Gas Reporting Program under the Clean Air Act. In 2007,
Congress directed EPA to "require mandatory reporting of greenhouse gas emissions above
appropriate thresholds in all sectors of the economy of the U.S." EPA annually collects data from
over 8,100 facilities from 41 industrial source categories, including suppliers (e.g., producers,
importers, and exporters of GHGs) in the U.S. and uses this data to improve estimates included in
the Inventory of U.S. Greenhouse Gas Emissions and Sinks; support federal and state-level policy
and regulatory development; share GHG emissions; and share data with state and local
governments, tribes, community groups, industry stakeholders, academia, the research community,
and the general public.
Inventory of U.S. Greenhouse Gas Emissions and Sinks:
To fulfill U.S. Treaty obligations, under Article 4 of the 1992 Framework Convention on Climate
Change, which was ratified by the U.S. Senate, EPA prepares the annual Inventory of U.S.
Greenhouse Gas Emissions and Sinks. The Inventory provides information on total annual U.S.
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emissions and removals by source, economic sector, and GHG. The Inventory is used to inform
U.S. policy and for tracking progress towards the U.S. Nationally Determined Contribution under
the Paris Agreement. EPA leads the interagency process of preparing the Inventory, working with
technical experts from numerous federal agencies, including the Department of Energy's Energy
Information Administration, Department of Agriculture, Department of Defense, U.S. Geological
Survey, and academic and research institutions.
Managing the Transition from Ozone-Depleting Substances:
EPA implements efforts directed by Section 612 of the CAA to ensure a smooth transition away
from ozone-depleting substances (ODS) to safer alternatives. Applying a comparative risk
assessment, the Significant New Alternatives Policy (SNAP) program evaluates the health and
environmental effects of alternatives in the sectors and subsectors where ODS and high-global
warming potential HFCs are used, providing additional substitute options in key sectors such as
refrigeration and air conditioning.
Phasing Down HFCs:
EPA implements the American Innovation and Manufacturing (AIM) Act, enacted to address
climate damaging HFCs by phasing down HFC production and consumption, maximizing
reclamation and minimizing releases of HFCs and their substitutes from equipment, and
facilitating the transition to next-generation technologies through sector-based restrictions. This
phasedown will decrease the production and import of HFCs in the United States by at least 85
percent by 2036, resulting in significant climate benefits.
ENERGY STAR:
ENERGY STAR provides information that consumers and businesses rely on to make informed
decisions to reduce energy use, save money, and reduce harmful air pollutants. By reducing energy
use, ENERGY STAR lowers costs for states and local governments as they design and implement
plans to meet their air quality and climate goals. ENERGY STAR is the national symbol for energy
efficiency, recognized by more than 90 percent of American households, and is a critical tool to
fight the climate crisis.
ENERGY STAR achieves significant and growing GHG reductions by promoting the adoption
of cost-effective, energy-efficient technologies and practices in the residential, commercial, and
industrial sectors. The Program yields significant environmental and economic results through
its network of thousands of partners. In 2019 alone, ENERGY STAR and its partners helped
American families and businesses save nearly 500 billion kilowatt-hours of electricity and avoid
$39 billion in energy costs. These savings resulted in emission reductions of nearly 390 million
metric tons of GHGs (roughly equivalent to 5 percent of U.S. total GHG emissions) and more than
470 thousand tons of criteria air pollutants (SO2, NOx, PM2.5). This reduction in criteria pollutants
is estimated to result in $7 billion to $17 billion in public health benefits.194 These investments in
turn drive job creation across the economy. More than 800,000 Americans are employed in
manufacturing or installing ENERGY STAR certified equipment alone - nearly 35 percent of all
194 For more information on ENERGY STAR'S environmental, human health, and economic impacts, please see here:
https://www.energystar.gov/about/origiiis_mission/impacts. For more information on ENERGY STAR calculation methods, see
the Technical Notes, available here: https://cmadmin.energystar.gov/sites/default/files/asset/document/Technical%20Notes.pdf.
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energy efficiency jobs in 2019, with energy efficiency accounting for 40 percent of all energy
sector jobs overall.195
EPA manages the ENERGY STAR Program with clearly defined support from the U.S.
Department of Energy. Specifically, EPA manages and implements the specification development
process for more than 75 product categories and the ENERGY STAR Most Efficient recognition
program; the ENERGY STAR Residential New Construction Program for single-family homes,
manufactured homes, and multifamily buildings; and the ENERGY STAR commercial and
industrial programs. This work includes activities such as certification monitoring and verification,
setting performance levels for building types, managing and maintaining the ENERGY STAR
Portfolio Manager tool to measure and track energy use in buildings, and managing the integrity
of the ENERGY STAR brand.
ENERGY STAR also supports equitable energy solutions that can deliver significant cost savings
for low-income families and other overburdened and underserved populations. The Program
prioritizes outreach to low-income populations on products that have the greatest opportunity to
save energy and dollars. The ENERGY STAR Program also looks for affordable alternatives to
products that may be cost-prohibitive, such as replacement windows (e.g., storm windows). In
addition, roughly 20 percent of ENERGY STAR home builder partners work in affordable
housing, including 550 Habitat for Humanity affiliates (18,000 ENERGY STAR certified homes
constructed), 80 manufactured housing plants (more than 66,500 ENERGY STAR certified
manufactured homes built), and the multifamily sector (more than 75 percent of ENERGY STAR
multifamily high-rise projects are identified as affordable housing).196
Renewable Energy Programs:
EPA works with industry and other key groups to encourage efficient, clean technologies and
promote climate leadership. EPA's Green Power Partnership drives voluntary participation in the
U.S. green power market. This program provides information, technical assistance, and
recognition to companies that use green power at or above minimum partnership benchmarks. At
the end of calendar year 2020, more than 700 EPA Green Power Partners reported the collective
use of nearly 70 billion kilowatt-hours of green power annually. This amount of green power use
represents nearly 43 percent of the U.S. voluntary green power market (that goes beyond required
purchases under state renewable portfolio standards). Since 2001, the Program has helped prevent
nearly 280 million metric tons of GHG emissions.197 In addition, EPA's Green Power Partnership
also recognizes more than 100 EPA Green Power Communities nationwide that advance green
power access and use to their community members. The Combined Heat and Power Partnership
offers tools and services to facilitate and promote cost-effective, highly efficient Combined Heat
and Power (CHP) projects. The Center for Corporate Climate Leadership establishes norms of
climate leadership by encouraging organizations with emerging climate objectives to identify and
195 NASEO and Energy Futures Initiative. (2020). U.S. Energy and Employment Report, https://www.usenergviobs.org/ (link is
external). The survey does not account for retail employment.
196 For more information on ENERGY STAR'S environmental, human health, and economic impacts, please see here:
https://www.energystar.gov/about/origiiis_mission/impacts. For more information on ENERGY STAR calculation methods, see
the Technical Notes, available here: https://cmadmin.energystar.gov/sites/default/files/asset/document/Technical%20Notes.pdf.
197 For more information on EPA's Green Power Partnership's environmental, human health, and economic impacts, please see
here: https://www.epa.gov/greenpower/green-power-partnership-program-success-metrics.
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achieve cost-effective GHG emission reductions, while helping more advanced organizations drive
innovations in reducing their greenhouse gas impacts in their supply chains and beyond.
State. Tribal and Local Climate and Energy Programs:
EPA works with state, tribal and local governments to identify and implement cost-effective
programs that reduce GHG emissions, save energy, improve air quality, and mitigate heat island
effects. EPA provides tools, data, and technical expertise to help subnational governments
implement clean energy policies and programs that reduce emissions, maximize co-benefits, and
prioritize low-income communities and communities with environmental justice concerns. The
Programs help governments develop emissions inventories, discover best practices for emissions
reductions and heat island mitigation, and analyze the emissions and health benefits of clean
energy strategies. These programs also highlight the best examples across the country on how to
deliver inclusive climate programs and provide resources to help governments deliver energy
efficiency and renewable energy to low-income communities.
SmarfWav Transport:
Launched in 2004, SmartWay is the only voluntary program working across the entire freight
system to comprehensively address economic and environmental goals related to sustainability.
Nearly 4,000 businesses that receive, ship, or carry freight rely upon SmartWay supply chain
accounting tools and methods to assess, track, and reduce transportation-related carbon, energy
use, and air emissions. By accelerating deployment of cleaner, more efficient technologies and
operational strategies across supply chains, SmartWay partners have avoided significant amounts
of pollution, helping to address the climate crisis and contributing to healthier air for underserved
and overburdened communities living close to freight hubs and routes. Improving supply chain
efficiency also helps grow the economy and protect and create jobs while contributing to energy
security.
EPA is the SmartWay brand manager and is responsible for the specification process for hundreds
of product and vehicle categories, including both family (passenger) vehicles and commercial
(heavy-duty freight truck and trailer) vehicles, and the SmartWay Partnership and SmartWay
Affiliate recognition programs. EPA's technology verification program enables manufacturers to
voluntarily demonstrate fuel saving and emission reduction performance using standard testing
protocols. SmartWay partner fleets as well as others in the trucking industry use EPA's verified
technology lists to identify products that have been demonstrated to save fuel and reduce
emissions.
Partnerships to Reduce Methane Emissions:
EPA operates several partnership programs that promote cost-effective reductions of methane by
working collaboratively with industry. Methane programs offer excellent opportunities for
reducing the concentration of GHGs in the atmosphere and providing an energy resource in the
process. Methane is a significant source of GHG emissions and has a relatively short atmospheric
lifetime of about 9 to 15 years, which means that reductions made today will yield positive results
in the near term. Unlike other GHGs, methane is an important energy resource that allows for cost-
effective mitigation. There are many opportunities to recover and re-use or sell methane from the
agriculture (manure management), coal mining, oil and gas, and landfill sectors. The AgSTAR
program, which is a collaboration between EPA and the Department of Agriculture, focuses on
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methane emission reductions from livestock waste management operations through biogas
recovery systems. The Coalbed Methane Outreach Program promotes opportunities to profitably
recover and use methane emitted from coal mining activities. The Landfill Methane Outreach
Program promotes abatement and energy recovery of methane emitted from landfills. The Natural
Gas STAR and Methane Challenge programs spur the adoption of cost-effective technologies
and practices that reduce methane emissions from the oil and natural gas sector through
collaborative partnerships with companies.
EPA also manages the implementation of the Global Methane Initiative (GMI), a U.S. led
international public-private partnership that brings together over 45 partner governments and over
700 private sector and non-governmental organizations to advance methane recovery and use.
GMI builds on the success of EPA's domestic methane programs and focuses on advancing
methane reductions from agriculture, coal mines, landfills, oil and gas systems, and municipal
wastewater. With assistance from several agencies—particularly EPA and U.S. State
Department—the U.S. Government has supported identification and implementation of more than
1,100 methane mitigation projects since 2005. These projects have reduced methane emissions by
about 500 million tons of carbon dioxide equivalent (MMTC02e), including approximately 42
MMTC02e in 2020. Since 2005, U.S. efforts under the auspices of GMI leveraged more than
$650 million for project implementation and training and provided trainings for more than 50,000
people in methane mitigation.198
Partnerships to Reduce Fluorinated Greenhouse Gas Emissions:
EPA operates partnership programs that promote cost-effective reductions of fluorinated
greenhouse gases (FGHG) by working collaboratively with industry. EPA's FGHG partnership
programs continue to make significant reductions in potent GHG emissions, such as
perfluorocarbons, HFCs, nitrogen trifluoride, and sulfur hexafluoride. Through its partnership
programs, EPA works closely with participating industries to identify cost-effective emissions
reduction opportunities, recognize industry accomplishments, and facilitate the transition toward
environmentally friendlier technologies and chemicals and best environmental practices. Although
FGHGs account for a small portion of total U.S. GHG emissions, they have very high global
warming potentials.
Science. Economic, and Technical Analyses:
EPA conducts a range of economic, scientific, and technical analyses for CAA regulatory actions
and to support the Administration's efforts to address climate change. These efforts include the
communication of the science of climate change to the public by providing information on the
indicators of climate change, climate risks, and actions that can be taken to mitigate the impacts.
EPA applies an analytical framework to evaluate avoided risk and economic impacts of GHG
mitigation. These efforts also include the development of multiple models and tools to project
future multipollutant emissions (including GHGs) from the power sector to inform EPA's air
quality modeling and air, water, and land regulations affecting power plants. EPA applies
modeling tools and expertise across a wide range of high priority work areas, including supporting
U.S. participation in the Paris Agreement, providing analysis and technical expertise to the U.S.
Special Presidential Envoy for Climate and other interagency partners to support U.S. engagement
198For more information on the Global Methane Initiative's environmental, human health, and economic impacts, please see here:
https://www.epa.gov/gmiAis-govemment-global-methane-iiiitiative-accomplishments.
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with foreign governments on climate change, and conducting legislative analyses as requested by
Congressional staff. Furthermore, EPA provides critical, world-renowned non-CC>2, agriculture,
and forestry analyses and participates in the interagency process to improve and apply the models
and analyses as needed. Finally, EPA is expanding its ability to conduct equity and environmental
justice analyses to identify policy implications and improve collaboration with underserved and
frontline communities.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.1, Reduce Emissions that Cause
Climate Change in the FY 2022 - 2026 EPA Strategic Plan. Work in this program also directly
supports progress toward the Agency Priority Goal: Phase down the production and consumption of
hydrofluorocarbons (HFCs). By September 30, 2023, annual U.S. consumption ofHFCs will be
10 percent below the baseline199 of 303.9 million metric tons of carbon dioxide equivalent
(MMTC02e) consistent with the HFC phasedown schedule in the American Innovation and
Manufacturing (AIM) Act and codified in the implementing regulations. A 10 percent reduction
would decrease the U.S. consumption limit to less than 273.5 MMTC02e in 2023.
In FY 2023, EPA is requesting $21.4 million and 20.5 FTE in additional resources to help reduce
greenhouse gas emissions while also addressing environmental justice through an integrated
approach of regulations, partnerships, and technical assistance. The increase enables EPA to take
strong action on C02 and methane as well as high-global warming potential climate pollutants
such as HFCs; restores the capacity of EPA's climate partnership programs to provide essential
contributions to our nation's climate, economic, and justice goals; and strengthens EPA's capacity
to apply its modeling tools and expertise across a wide range of high priority work areas including
supporting U.S. participation in the Paris Agreement.
In FY 2023, EPA will continue to implement the Greenhouse Gas Reporting Program covering a
total of 41 sectors, with approximately 8,100 reporters. In FY 2023, EPA will verify 98 percent of
Annual Greenhouse Gas Reports from these sectors. Focus areas for the Program will include:
• Completing a pending rulemaking to update, streamline, and enhance the scope and
accuracy of the GHG Reporting Program across multiple sectors, including oil and gas as
well as carbon capture projects;
• Aligning the electronic GHG reporting tool with those regulatory amendments;
• Ensuring that the electronic reporting system continues to meet all Agency security
requirements;
199 EPA'S fmaJ "
Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the
AIM Act" establishes the HFC production and consumption baselines from which the phasedown steps are measured. Using the
equation provided in the AIM Act and based on the data available to the Agency through the Greenhouse Gas Reporting Program
(GHGRP) and outreach conducted for this rulemaking, EPA determined that the production baseline is 382.6 million metric tons
of exchange value equivalent (MMTEVe) and the consumption baseline is 303.9 MMTEVe. EPA has determined that the exchange
values included in subsection (c) of the AIM Act are identical to the GWPs included in IPCC (2007). Therefore, one million metric
tons of carbon dioxide equivalent (MMTCChe) is numerically equivalent to one MMTEVe. EPA is using the measurement
MMTCChe in this document since the public is more familiar with this term than MMTEVe.
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• Ongoing system enhancements to the GHG Reporting Program's electronic GHG reporting
tool (eGGRT) to accommodate HFC supply data submitted by industry to meet the reporting
requirements of the AIM Act regulations;
• Conducting a QA/QC and verification process through a combination of electronic checks,
staff reviews, and follow-up with facilities when necessary;
• Publishing reported data while enhancing the Facility Level Information on GHG Tool
(FLIGHT) mapping feature to visually display the distribution of GHG emissions and
sources of GHG supply in areas of the country of environmental justice and equity concern;
and
• Continued review and approval of the increased number of Carbon Capture and Storage
Monitoring Reporting and Verification plans that are submitted to the GHG Reporting
Program due to changes in the IRS 45Q tax code.
In addition, EPA will work to complete the annual Inventory of U.S. Greenhouse Emissions and
Sinks. Focus areas will include:
• Continuing improvements to inventory methodologies in areas such as oil and gas, land-
use, and waste, consistent with Intergovernmental Panel on Climate Change guidelines,
and to meet upcoming Paris reporting requirements;
• Disaggregating the national Inventory of U.S. Greenhouse Gas Emissions and Sinks to the
state level and publishing the results annually through the online Data Explorer tool;
• Furthering work to make use of advanced observation technologies, including through
developing the capacity to publish an annual gridded methane inventory, which is essential
for use by atmospheric researchers and as input to other studies;
• Creating a new GHG emission calculator, linked to Portfolio Manager, to develop building
GHG inventories that fully comply with accounting protocols and local mandates; and
• Enhancing GHG inventory tools and technical assistance to states, local governments, and
tribes.
In FY 2023, EPA will continue to implement the ENERGY STAR Program, partnering with
more than 840 utilities (representing an annual collective investment of $8.4 billion in energy
efficiency programs) from state and local governments, plus nonprofits. These partners leverage
ENERGY STAR in their efficiency programs to achieve GHG reductions in major economic
sectors, consistent with national commitments.
ENERGY STAR will work in the Residential Sector to enable and accelerate the adoption of energy
efficiency. In FY 2023, the Program will:
• Update up to five product specifications for ENERGY STAR-labeled products to ensure
top efficiency performance;
• Further amend up to three ENERGY STAR specifications in response to changes in
Department of Energy (DOE) minimum efficiency standards and test procedures;
• Maintain third-party certification to ensure consumer confidence in more than 75 categories
for ENERGY STAR labeled products, which includes overseeing 500 recognized
laboratories worldwide and 20 certification bodies;
• Further drive long-term climate goals by advancing the cutting edge of the current and
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future market through the ENERGY STAR Emerging Technology Awards and the
ENERGY STAR Most Efficient recognition program, which certifies 3,600 product models
from over 280 manufacturers;
• Leverage the market power of the ENERGY STAR brand through the ENERGY STAR
Home Upgrade to quickly scale home energy retrofits featuring the high impact, broadly
applicable measures (e.g., heat pumps and heat pump water heaters) that are critical to
efficiently decarbonizing the residential sector;
• Target energy-saving resources to underserved and energy burdened households with
expanded efforts to leverage the ENERGY STAR market power to advance utility-scale
uptake of equitable financing approaches for home energy upgrades, a key opportunity to
support environmental justice goals;
• Implement critical program requirement updates for EPA's ENERGY STAR Residential
New Construction programs, including development of a substantially revised program
specification for manufactured homes in response to new code requirements for this sector
to ensure at least 10 percent energy savings compared to the new code; and
• Develop and deploy a new ENERGY STAR-based whole-house certification program to
recognize the next generation of new homes and apartments that incorporate advanced
efficient electric technologies such as heat pumps, heat pump water heaters, induction
cooking, and electric vehicle charging capability.
In addition, ENERGY STAR will continue to partner with businesses and public-sector
organizations to advance energy efficiency in the commercial sector. In FY 2023, the Program
will:
• Continue to operate and maintain ENERGY STAR Portfolio Manager, as well as deliver
critical enhancements to accommodate the more than 300 commercial software vendors
and utilities that use the tool, and add reporting and tracking functionality and enhanced
data quality checks to increase support to corporate and federal, state and local government
users;
• Update and expand ENERGY STAR building scores, used to understand how a building's
energy consumption compares with similar buildings nationwide;
• Verify the efficiency of more than 6,000 buildings with EPA's ENERGY STAR label,
including conducting approximately 250 spot audits;
• Provide guidance and technical assistance to the roughly 50 local governments and states
that have adopted mandatory or voluntary energy benchmarking and disclosure policies
and/or building performance standards that require use of EPA's ENERGY STAR
Portfolio Manager; and
• Produce a public dataset and data visualization tools from Portfolio Manager to understand
the range of energy use and intensity across multiple building types and geographic
locations.
ENERGY STAR will continue to work with partners in the industrial sector to improve efficiency
and reduce costs while protecting the environment. In FY 2023, the Program will:
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• Continue to support ENERGY STAR industrial partners across 33 diverse industrial
sectors through webinars, focus industry meetings, company-to-company mentoring, and
recognition of efficient plants;
• Update and develop new Energy Performance Indicators to incorporate key factors that
impact energy use in the plant and converts electricity inputs to source energy; and
• Work with, review, and audit an expected 200 industrial plants applications registered to
achieve the ENERGY STAR Challenge for Industry in which industrial sites commit to
reducing their energy intensity by 10 percent within five years.
In FY 2023, EPA will implement the Green Power Partnership and accelerate the transition to a
carbon-pollution free electricity sector. In FY 2023, the Program will:
• Update and develop new credible resources, educational tools, and recognition of actions
and leadership to incentivize all sectors of Green Power Partners;
• Drive market leadership and impact by recognizing the actions of partnering organizations
that significantly advance the development of green power markets and renewable energy
development; and
• Partner with over 120 Green Power Communities to encourage local efforts to increase their
use of and investment in renewable electricity, including underserved communities that
have traditionally lacked adequate access to green power.
In FY 2023, EPA will implement other partnerships to achieve GHG reductions in major
economic sectors, consistent with national climate commitments. Focus areas of the programs
will include:
• Implementing the Center for Corporate Climate Leadership program, promoting cost-
effective corporate GHG management practices that support the measurement and
management of corporate-wide emissions; and
• Developing and enhancing guidance and tools to assist public companies with GHG
emission reductions and climate disclosure of GHG emissions in their operations and
supply chains.
• Operating the CHP Partnership, promoting efficient and environmentally beneficial CHP;
In FY 2023, EPA will implement the State, Tribal and Local Climate and Energy Program to
support state and local activity that is essential to tackling the climate crisis and promoting equity
and environmental justice in clean energy programs. Focus areas of the Program will include:
• Providing technical support to dozens of state, tribal and local governments as they
implement climate and clean energy policies for efficiency, renewables, and beneficial
electrification; provide increased support on equity and environmental justice in clean
energy policy design;
• Updating major analytical tools to enable state, tribal and local governments to develop
and analyze GHG inventories, pollutant emissions reductions, and public health co-benefits
of efficiency and renewables; expand focus of tools to analyze beneficial electrification;
• Conducting significant outreach and training on tools with a focus on new tools such as the
Energy Savings and Impacts Scenario Tool, which helps users assess a set of long-term
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environmental, health, economic and equity impacts from utility energy efficiency
programs;
• Launching updates to EPA's State Guide to Action on Clean Energy by hosting webinars
and convenings or workshops for state policymakers; and
• Helping local governments implement heat island reduction initiatives that are a priority of
communities with environmental justice concerns by promoting best practices, updating
technical resources, and convening stakeholders.
In FY 2023, EPA will continue to achieve significant reductions in climate and other harmful
emissions from freight transportation by expanding SmartWay efforts to:
• Develop and refine GHG accounting protocols for freight carriers and their customers;
• Continue to provide expertise and serve as a technical test bed in support of the Agency's
efforts to reduce GHG emissions;
• Transition SmartWay partner tools to an online platform making it easier to benchmark
and track performance and expanding access to SmartWay for smaller businesses;
• Encourage adoption of SmartWay approaches globally under international frameworks and
agreements, including co-administering SmartWay with Canada and continue a SmartWay
pilot in Mexico;
• Contribute to development and dissemination of an International Organization for
Standardization (ISO) standard to calculate GHG from transportation operations; and,
• Update GHG requirements for federal purchases of passenger vehicles under the Energy
Independence and Security Act as needed.
In FY 2023, EPA will continue to mitigate domestic methane and fluorinated greenhouse gases
emissions by implementing partnership outreach programs focused on providing technical
information on best practices and cost-effective technologies in the petroleum and natural gas
systems, municipal solid waste landfills, livestock manure anaerobic digestion and biogas systems,
coal mining, and electric power transmission sectors. EPA's GreenChill Advanced Refrigeration
Partnership Program will continue to work with food retail partners transitioning from ozone-
depleting substances and HFCs to promoting lower global warming potential and improved more
energy-efficient technologies. The Responsible Appliance Disposal Program partners achieve
emissions reductions by collecting and disposing of refrigerant-containing appliances.
EPA also will continue implementing and promoting global methane mitigation opportunities
across multiple sectors (oil and gas, coal mining, municipal solid waste, wastewater,
agriculture/manure management) in support of the GMI by:
• Running the secretariat of the GMI, coordinating and organizing overall activities;
• Providing technical leadership across multiple sectors;
• Coordinating with key methane-focused initiatives such as United Nations Economic
Commission for Europe, Climate & Clean Air Coalition, and the International Energy
Agency; and
• Serving Administration-level priorities, such as the Global Methane Pledge.
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In FY 2023, EPA will maintain and enhance the climate change website by updating scientific
material and further developing web products that reach the American public and effectively
communicate the causes and effects of climate change and Administration priorities.
EPA also will support the State Department as the technical lead in developing both current and
additional measure projections, and compiling information on GHG mitigation policies and
measures to assess our progress towards meeting our Nationally Determined Contribution goal.
These actions are part of the upcoming U.S. Biennial Report, as required by the U.N. Framework
Convention on Climate Change. EPA also will prepare for the transition to the Paris Agreement
requirements and submit new Biennial Transparency Reports in calendar year 2024.
EPA will continue our United Nations Framework Convention on Climate Change engagement by
serving as negotiators on U.S. delegations, for example, on transparency and markets, and working
to assess mitigation potential and information from other countries. EPA also will review national
inventory and related reports submitted by other countries, including other major economies such
as Brazil, Germany, and China.
EPA will continue to improve work on climate change impacts modeling including how risks and
economic impacts can be reduced under mitigation and adaptation scenarios by:
• Advancing the scientific literature on climate impacts through the Climate Change
Impacts and Risk Analysis project by publishing sectoral impact methodologies and
reduced form approaches to improve analytical and communication capacity;
• Quantifying and monetizing the disproportionate risks of climate change on socially
vulnerable populations;
• Continuing to make the Climate Change Indicators more accessible through enhanced
visualization tools; and
• Collaborating with the interagency U.S. Global Change Research Program through
participation in the National Climate Assessment and other key Program activities.
EPA also will analyze program data on GHG emissions from petroleum and natural gas facilities
and support Agency regulatory development by:
• Developing more detailed oil and gas projections to support the nationally determined
contributions under the Paris Agreement; and
• Performing technical analyses, regulatory development, regulatory impact analyses, and
litigation support.
In FY 2022, through significant contributions to the Interagency Work Group, EPA is expected to
complete work to finalize the Social Cost of Greenhouse Gases (SC-GHG) and recommend a
process for reviewing and updating SC-GHG as required under Executive Order 13990: Protecting
Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. The final
values are key to quantifying the benefits of actions across the federal government and beyond to
address climate change. In FY 2023, we will engage in research in response to the IWG
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recommendations for an ongoing updating process for the SC-GHG to ensure that they continue to
reflect the latest science.200
Performance Measure Targets:
(PM REP) Percentage of Annual Greenhouse Gas Emission Reports
verified by EPA before publication.
FY 2022
Target
FY 2023
Target
98
98
(PM CPP) Million metric tons of carbon dioxide equivalent reduced
FY 2022
FY 2023
annually by EPA's climate partnership programs.
Target
Target
486.9
500.7
(PM HFC) Remaining U.S. consumption of hydrofluorocarbons (HFCs).
FY 2022
FY 2023
Target
Target
273.5
273.5
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,791.0) 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.
• (+$21,425.0 / +20.5 FTE) This program change is an increase for programs under this
program project that help reduce greenhouse gas emissions while also addressing
environmental justice through an integrated approach of regulations, partnerships, and
technical assistance. The increase enables EPA to take strong action on CO2 and methane
as well as high-global warming potential climate pollutants, such as HFCs, as directed by
the AIM Act; restores the capacity of EPA's climate partnership programs to provide
essential contributions to our nation's climate, economic, and justice goals; and strengthens
EPA's capacity to apply its modeling tools and expertise across a wide range of high
priority work areas including supporting U.S. participation in the Paris Agreement. This
investment includes $3,692 million in payroll.
• (+$5,000.0) This program change is an increase for EPA to work closely with NASA on
prototyping capabilities for a greenhouse gas monitoring and information system that will
integrate data from a variety of sources with a goal of making data more accessible and
usable to federal, state, and local governments, researchers, the public, and other users.
200 On March 16, 2022, the Fifth Circuit Court of Appeals stayed an injunction issued by the U.S. District Court for the Western
District of Louisiana related to the social cost of carbon metric.
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Statutory Authority:
Clean Air Act; Global Change Research Act of 1990; Global Climate Protections Act; Energy
Policy Act of 2005 § 756; Pollution Prevention Act §§ 6602-6605; National Environmental Policy
Act (NEPA) § 102; Clean Water Act § 104; Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (RCRA) § 8001; American Innovation and Manufacturing (AIM)
Act.
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Federal Stationary Source Regulations
Program Area: Clean Air and Climate
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health 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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
s ivjr
S20. ~-o
S-/I.0I'
S 2V.SS-I
Total Budget Authority
$19,317
$20,733
$41,617
$20,884
Total Workyears
107.4
108.5
149.5
41.0
Program Project Description:
The Clean Air Act (CAA) requires EPA to take action to improve and protect air quality and limit
emissions of harmful air pollutants from a variety of sources. The CAA directs EPA to set National
Ambient Air Quality Standards (NAAQS) for six "criteria" pollutants considered harmful to public
health and the environment. The NAAQS pollutants are particulate matter (PM), ozone (O3), sulfur
dioxide (SO2), nitrogen dioxide (NO2), carbon monoxide (CO), and lead (Pb). The CAA requires
EPA to review the science upon which the NAAQS are based and the standards themselves every
five years. These national standards form the foundation for air quality management and establish
goals that protect public health and the environment. Section 109 of the CAA Amendments of
1990 established two types of NAAQS. Primary standards are set at a level requisite to protect
public health with an adequate margin of safety. Secondary standards are set at a level requisite to
protect public welfare from any known or anticipated adverse effects.
Sections 111, 112, and 129 of the CAA direct EPA to take actions to control air emissions of toxic,
criteria, and other pollutants from stationary sources. Specifically, to address air toxics, the CAA
Section 112 Program provides for the development of National Emission Standards for Hazardous
Air Pollutants (NESHAP) for major sources and area sources; the assessment and, as necessary,
regulation of risks remaining after implementation of NESHAP that are based on Maximum
Available Control Technology (MACT); the periodic review and revision of the NESHAP to
reflect developments in practices, processes, and control technologies; and associated national
guidance and outreach. In addition, EPA must periodically review, and, where appropriate, revise
both the list of air toxics subject to regulation and the list of source categories for which standards
must be developed.
The CAA Section 111 program requires issuing, reviewing, and periodically revising, as
necessary, New Source Performance Standards (NSPS) for certain pollutants from listed categories
of new, modified, or reconstructed sources of air emissions; issuing emissions guidelines for states
to apply to certain existing sources; and providing guidance on Reasonably Available Control
Technology through issuance and periodic review and revision of control technique guidelines.
The CAA Section 129 program further requires EPA to develop and periodically review standards
of performance and emissions guidelines covering air emissions from waste combustion sources.
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Sections 169 A and 169B of the CAA require protection of air quality related values (AQRV) for
156 congressionally mandated national parks and wilderness areas, known as Class I areas.
Visibility is one such AQRV, and Congress established a national goal of returning visibility in the
Class I areas to natural conditions, i.e., the visibility conditions which existed without manmade
air pollution. The Regional Haze Rule sets forth the requirements that state plans must satisfy to
make reasonable progress towards meeting this national goal.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan.
NAAOS
The President directed EPA to review the 2020 PM NAAQS and the 2020 Ozone NAAQS in
accordance with Executive Order 13990: Protecting Public Health and the Environment and
Restoring Science to Tackle the Climate Crisis. EPA has requested resources in FY 2023 to better
incorporate science and input from the reestablished Clean Air Scientific Advisory Committee and
to assess information received during the public process for rulemakings to complete these reviews.
In FY 2023, EPA will continue reviewing the NAAQS and make revisions, as appropriate, and has
requested resources commensurate to support these reviews. Each review involves a comprehensive
reexamination, synthesis, and evaluation of scientific information, the design and conduct of
complex air quality and risk and exposure analyses, and the development of a comprehensive policy
assessment providing analysis of the scientific basis for alternative policy options.
In FY 2023, EPA will initiate a multi-phased process for improving air pollution benefits analysis
methods to improve the science it uses to quantify benefits from air quality regulations. This is
one of the learning priority areas as part of the Agency's Learning Agenda in the FY 2022-2026
EPA Strategic Plan. EPA will develop a draft benefits Guidelines document outlining best
practices for incorporating new scientific information into methods for benefits analysis. This will
be followed by additional reviews of specific methods and applications. This effort will help ensure
transparency and confidence in the process for selecting and applying the latest science in benefits
analysis. EPA also will improve tools and approaches to enable more robust analysis of program
impacts on communities with environmental justice concerns and vulnerable populations. EPA
will work to achieve and maintain compliance with existing standards. These include the ozone
standards established in 2015, 2008, 1997, and 1979; the 1987 PMio standards; the 2012, 2006,
and 1997 PM2.5 standards; the 2008 and 1978 lead standards;201 the 2010 NO2 standard;202 the 1971
CO standard; and the 2010 SO2 standard.203 EPA, in close collaboration with states and tribes,
will work to improve air quality in areas not in attainment with the NAAQS, including assisting
states and tribes in developing CAA-compliant pollution reduction plans.
201 In September 2016, EPA completed the review of the 2008 Lead NAAQS and retained the standards without revision.
202 In April 2018, EPA completed the review of the 2010 NO2 NAAQS and retained the standards without revision.
203 In February 2019, EPA completed the review of the 2010 SO2 NAAQS and retained the standards without revision.
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Air Toxics
Section 112(d)(6) of the CAA requires EPA to review and revise, as necessary, all NESHAP (for
both major and area sources) every eight years. These reviews include compiling information and
data already available to the Agency; collecting new information and emissions data from industry;
reviewing emission control technologies; and conducting economic analyses for the affected
industries needed for developing regulations. Similarly, Section 112(f) of the CAA requires EPA
to review the risk that remains after the implementation of MACT standards within eight years of
promulgation. In addition, Section 112 requires EPA to periodically review, and, where
appropriate, revise both the list of air toxics subject to regulation and the list of source categories
for which standards must be developed. The CAA Section 129 Program further requires EPA to
develop and periodically review standards of performance and emissions guidelines covering air
emissions from waste combustion sources.
In FY 2023, EPA will undertake multiple CAA reviews and associated rulemakings. The air toxics
program will prioritize conducting reviews of NESHAP for more than 32 source categories, many
of which are subject to court-ordered or court-entered dates or are actions otherwise required by
courts, as well as ethylene oxide source categories such as commercial sterilizers and chemical
sectors. EPA also expects to undertake actions related to reviewing and revising the list of hazardous
air pollutants, as Section 112 requires. EPA expects to propose or promulgate more than 20 rules
in FY 2023. In meeting the requirements of Executive Order 13990, EPA also will continue review
of the Mercury and Air Toxics Standards for power plants, including the appropriate and necessary
finding and risk and technology review, and will take appropriate action resulting from that review
in FY 2023. EPA will enhance risk assessment capabilities to better identify and determine impacts
of exposures to air toxics on communities. The Program will prioritize its work, as resources allow,
with an emphasis on meeting court-ordered deadlines, and also incorporate environmental justice
considerations as part of the decision-making process.
As called for in the Administrator's April 27, 2021, Memorandum Regarding Per- and
Polyfluoroalkyl Substances,204 EPA will take actions to address PFAS pollution. The Agency's
new EPA Council on PFAS will collaborate on cross-cutting strategies; advance new science;
develop coordinated policies, regulations, and communications; and engage with affected states,
tribes, communities, and stakeholders. This includes consideration of appropriate actions using
existing CAA authorities.
As part of a forward-looking air toxics strategy, EPA will address these regulatory and emerging
issues, and improve access to air toxics data. The Agency will transition to an approach to share
air toxics data faster and more regularly to the public, allowing for increased transparency and the
ability to see trends and risks over time. By 2023, EPA will report the most current air toxics data
each year in the annual Air Trends Report and an online interactive tool instead of the current
three - to four - year cycle and provide that data at increased spatial resolution.
NSPS
Section 111 of the CAA requires EPA to set NSPS for new, modified, or reconstructed stationary
sources of air emissions in categories that have been determined to cause, or significantly
204 https://www.epa.gOv/sites/default/files/2021-04/documents/per-and_polyfluoroa1kyl substances.memo_.signed.pdf
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contribute to, air pollution that may endanger public health or welfare. Section 111 also requires
EPA, at least every eight years, to review and, if appropriate, revise NSPS for each source category
for which such standards have been established. Under CAA Section 111, EPA must establish
emission guidelines for existing sources for which air quality criteria have not been issued, are not
included in the list published under Section 108(a) or are emitted from a source category that is
regulated under Section 112, but to which a standard of performance would apply if such an
existing source were a new source.
In meeting the requirements of Executive Order 13990 and as part of the Administration's
comprehensive approach to tackling the climate crisis, EPA also will issue rules to reduce CO2 and
methane from power plants and oil and gas facilities under Section 111. In FY 2023, EPA expects
to finalize actions for the oil and gas sector that were proposed in FY 2022. The oil and natural gas
industry is the largest industrial source of U.S. emissions of methane and its facilities and
operations also emit smog-forming volatile organic compounds and toxic air pollutants such as
benzene. Executive Order 13990 also directs EPA to revise and address as appropriate the
regulation of GHGs from fossil-fuel fired power plants. Electricity production generates the second
largest share of GHG emissions. EPA will carefully craft an equitable approach informed by
engagement with communities and a fresh look at pertinent policies, technology, and data. EPA
plans to propose emission guidelines and review new source performance standards under Section
111 in FY 2023. These actions are key steps toward EPA's commitment to deliver public health
protections from these pollutants for communities across America.
In FY 2023, EPA will work to fulfill the CAA's Section 111 requirements for approximately
fifteen source categories in 18 rulemaking actions, all of which are subject to court or executive
orders or are in litigation.
In addition, under Section 129 of the CAA, in FY 2023 EPA plans to propose at least one rule
regarding incineration and control technologies that supports other rules issued under Section 129.
EPA also will undertake other projects, such as those required by statute or executive order, such
as overdue NSPS and area source technology reviews related to source categories in addition to
those described above. EPA will continue work on case-by-case regional and national NESHAP
and NSPS applicability determinations.
Performance Measure Targets:
(PM NAAQS) Percentage of air quality improvement in counties not
meeting current NAAQS.
FY 2022
Target
FY 2023
Target
7
8
(PM NAAQS2) Percentage of people with low SES living in areas where the
air quality meets the PM2.5 NAAQS.
FY 2022
Target
FY 2023
Target
90
93
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,708.0) 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 benefit costs.
• (+$16,412.0 / +39.0 FTE) This program change is an increase to support the regulation of
stationary sources of air pollution through developing and implementing emissions
standards, regulations, and guidelines. This investment includes $6,974 million in payroll.
• (+$2,764.0 / +2.0 FTE) This program change is an increase in support implementation of
the Foundations for Evidence-Based Policymaking Act of 2018, to help the Agency
identify, prioritize, and undertake evidence-building activities and develop evidence-
building capacity to inform policy and decisions. This investment includes $358.0
thousand in payroll.
Statutory Authority:
Clean Air Act.
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Federal Support for Air Quality Management
Program Area: Clean Air and Climate
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health 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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
SIMMI5
SIJS.020
S 2XV.UIU
SI 50. WO
Science & Technology
$8,661
$7,154
$10,420
$3,266
Total Budget Authority
$139,676
$145,174
$299,430
$154,256
Total Workyears
832.7
843.0
945.4
102.4
Program Project Description:
The Federal Support for Air Quality Management Program assists states, tribes, and local air
pollution control agencies in the development, implementation, and evaluation of programs for the
National Ambient Air Quality Standards (NAAQS); establishes standards for reducing air toxics;
and helps reduce haze and improve visibility in some of America's largest national parks and
wilderness areas. EPA develops federal measures and regional strategies that help to reduce
emissions from stationary and mobile sources; delegated states have the primary responsibility
(and tribes may choose to take responsibility) for developing clean air measures necessary to meet
the NAAQS and protect visibility. At the core of this program is the use of scientific and technical
air quality and emissions data. EPA, working with states, tribes, and local air agencies, develops
methods for estimating and measuring air emissions and monitoring air quality concentrations,
collects these data, and maintains databases (e.g., Emissions Inventory System, Air Quality
System, etc.). EPA also supports training for state, tribal, and local air pollution professionals.
NAAQS Development
The Clean Air Act (CAA) requires EPA to set the NAAQS for six "criteria" pollutants considered
harmful to public health and the environment. The NAAQS pollutants are particulate matter (PM),
ozone (O3), sulfur dioxide (SO2), nitrogen dioxide (NO2), carbon monoxide (CO), and lead (Pb).
Section 109 of the CAA Amendments of 1990 established two types of NAAQS - primary and
secondary standards. Primary standards are set at a level requisite to protect public health with an
adequate margin of safety, including the health of at-risk populations. Secondary standards are set
at a level requisite to protect public welfare from any known or anticipated adverse effects, such
as decreased visibility and damage to animals, crops, vegetation, and buildings. The CAA requires
EPA to review the science upon which the NAAQS are based and the standards themselves every
five years. These national standards form the foundation for air quality management and establish
goals that protect public health and the environment.
Air Pollution Information Tracking
For each of the six criteria pollutants, under Section 110 of the CAA, EPA tracks two kinds of air
pollution information: air pollutant concentrations based on actual measurements in the ambient
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(outside) air at monitoring sites throughout the country; and pollutant emissions based on
engineering estimates or measurements of the total tons of pollutants released into the air each
year.
Air Quality Management Planning
Under CAA Section 110, EPA develops regulations and guidance to clarify requirements for state
and local air agencies for developing State Implementation Plans (SIPs) for implementing the
NAAQS. EPA works with state and local governments to ensure the technical integrity of emission
source controls in SIPs and with tribes on Tribal Implementation Plans (TIPs). EPA also reviews
SIPs to ensure they are consistent with applicable requirements of the CAA and takes regulatory
action on SIP submissions consistent with CAA responsibilities.
New Source Review (NSR) Preconstruction Permit Program
The NSR preconstruction permit program in Title I of the CAA is a part of state plans to attain and
maintain the NAAQS. The two primary aspects of this program are the Prevention of Significant
Deterioration program, described in Section 165 of the CAA, and the Nonattainment NSR
program, described in various parts of the CAA, including Sections 173 and 182.
Protection of Class I Areas
Sections 169A and 169B of the CAA require protection of visibility for 156 congressionally
mandated national parks and wilderness areas, known as Class I areas. Congress established a
national goal of returning visibility in the Class I areas to natural conditions (i.e., the visibility
conditions that existed without manmade air pollution). The Regional Haze Rule sets forth the
requirements that state plans must satisfy to make reasonable progress towards meeting this
national goal.
Control of Air Toxics
Toxic air pollutants are known to cause or are suspected of causing increased risk of cancer
and other serious health effects, such as neurological damage and reproductive harm. EPA assists
state, tribal, and local air pollution control agencies in characterizing the nature and scope of their
air toxics issues through modeling, emission inventories, monitoring, and assessments. For
example, EPA maintains updated air toxic emission and exposure data, incorporating current
toxicity data to provide recent information on air toxics risks from a national perspective. EPA
also supports programs that reduce inhalation risk and multi-pathway risk posed by deposition
of air toxics to water bodies and ecosystems, facilitates international cooperation to reduce
transboundary and intercontinental air toxics pollution, develops risk assessment methodologies
for toxic air pollutants, and provides training for air pollution professionals.
The provisions of the CAA that address the control of air toxics are located primarily in Section
112. This section requires issuing National Emission Standards for Hazardous Air Pollutants
(NESHAP) for major sources and area sources; the assessment and, as necessary, regulation of
risks remaining after implementation of NESHAP that are based on Maximum Available Control
Technology (MACT); the periodic review and revision of all NESHAP to reflect developments in
practices, processes, and control technologies; and associated national guidance and outreach. In
addition, EPA must periodically review, and, where appropriate, revise both the list of air toxics
subject to regulation and the list of source categories for which standards must be developed. EPA
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has promulgated approximately 180 rules to control air toxics under Section 112 and is continually
engaged in their periodic review and revision. EPA will enhance risk assessment capabilities to
better identify and determine impacts of exposures to air toxics on communities. The Program will
prioritize its work, as resources allow, with an emphasis on meeting court-ordered deadlines and
also incorporating environmental justice considerations as part of the decision-making process.
Section 129 of the CAA requires a similar approach to review regulations applicable to solid waste
incinerators. EPA has promulgated approximately six rules to control air toxics under Section 129
and is continually engaged in their periodic review and revision. In addition to this regulatory
work, EPA also provides determinations to states and industry seeking information about source-
specific applicability of these regulations. EPA also is making improvements to the database that
tracks applicability determinations.
Climate Change
The President has prioritized action to tackle climate change with a focus on an equitable transition
to clean energy. These plans call for cuts in greenhouse gas (GHG) pollution to reduce the
contribution of human activities to climate change and its impacts on public health, while
investing in communities that are on the front line of impacts. EPA issues regulations to limit GHGs
and assists states, tribes, and local air pollution control agencies in the development,
implementation, and evaluation of programs to reduce GHG pollution. The Program also
supports the Agency's work with international partners to combat short-lived climate pollutants.
These air pollutants, including black carbon (a component of PM), methane, and tropospheric
ozone, are contributing to and accelerating the impacts of climate change.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA is requesting an $100 million increase to develop and implement a community
air quality monitoring and notification program to provide real-time data to the public in areas with
greatest exposure to harmful levels of pollution, as described in Executive Order 14008: Tackling
the Climate Crisis at Home and Abroad. This increase supports work to reduce GHG emissions
to tackle the climate crisis and ensure equitable environmental outcomes to advance environmental
justice.
In FY 2023, EPA also is requesting $41 million and 91.4 FTE to support critical work to implement
climate and clean air regulations and programs. This includes anticipated emission guidelines for
existing oil and gas facilities. Section 111(d) of the Clean Air Act provides states with a lead
implementing role and considerable flexibility, and the development and implementation of the
emission guidelines will require extensive work to develop program implementation
infrastructure; engage states, tribal nations, and communities; assess environmental justice
impacts; evaluate state plans; and ensure consistent application of the emissions guidelines
nationwide. These resources will be used to continue developing a standard reporting system for
states to use, or adapt as needed, for submitting plans and tracking their compliance data, and
ensuring that communities have access to that data.
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This also includes an increase in support for NAAQS review work and implementation activities,
many of which are increasingly complex. Critical to successful implementation is timely issuance
of guidances, ongoing outreach to states and other entities as well as development of NAAQS
implementation tools. EPA will engage with states and develop guidance to assist air programs
with meeting implementation deadlines. These critical resources also will support efforts to reduce
the SIP backlog as well as ensure timeliness of review of incoming SIPs, permitting needs (both
NAAQS and GHG-related), and air quality monitoring and analysis needs. This increase also will
enhance EPA's abilities to forecast where smoke will impact people; identify and communicate
when and where smoke events are occurring through monitoring and AirNow's Fire and Smoke
Map; build local capacity to be Smoke Ready so exposure to smoke is reduced; and strengthen
internal as well as state, local and tribal capacity to better coordinate and communicate regarding
wildfire smoke and address related regulatory activities.
Addressing Climate Change
EPA expects to take final action under Section 111 in FY 2023 for actions that were proposed in
FY 2022 in accordance with Executive Order 13990, which directed EPA to consider "proposing
new regulations to establish comprehensive standards of performance and emission guidelines for
methane and volatile organic compound emissions from existing operations in the oil and gas
sector, including the exploration and production, transmission, processing, and storage segments,
by September 2021." This request includes resources to fulfill the President's commitment to
engage meaningfully with environmental justice communities during the entire rulemaking
process, from pre-proposal through final promulgation and implementation. Executive Order
13990 also directs EPA to revise and address as appropriate the regulation of GHGs from fossil-
fuel fired power plants. Electricity production generates the second largest share of GHG
emissions. EPA will carefully craft an equitable approach informed by engagement with
communities and a fresh look at the policies, technology, and data. EPA plans to propose these
emission guidelines in FY 2023.
EPA will continue to work with other countries to take action to address climate change. EPA
will consider the results of a range of international assessments to address the climate impacts of
short-lived climate pollutants. Reducing emissions of these pollutants can create near-term climate
and public health benefits. EPA will continue to identify the most significant domestic and
international sources of black carbon and ozone precursor emissions by working with the
multilateral Climate and Clean Air Coalition (CCAC), the Arctic Council, the Convention on
Long-range Transboundary Air Pollution (LRTAP), and other related international efforts. Based
on these findings and enhanced analytical capabilities, EPA will pursue effective steps for
reducing these emissions. For instance, EPA is scaling up efforts in low-and middle-income
countries to implement best practices for addressing air pollution in ways that achieve climate co-
benefits.
Finally, in FY 2023, the Agency will provide on-the-ground resources to assist overburdened and
underserved communities as they work to engage on EPA's regulatory efforts and address the
impacts of climate change. These community resource coordinators will work with external
partners, such as community stakeholder organizations, other federal agencies, state, local and
regional governments, private sector entities, academic institutions, and foundations to assist
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communities as they begin to plan for climate change and implement actions to increase resilience
to climate impacts.
Improving Air Quality
In FY 2023, resources are increased to support efforts to maintain and rebuild programmatic
capabilities that focus on protecting clean air. Air quality has improved significantly for
communities across the country since passage of the CAA in 1970 (with amendments in 1977 and
1990). Between 1990 and 2020, for example, national average levels have decreased by 25 percent
for ozone, 26 percent for coarse particulate matter, 91 percent for sulfur dioxide, and 98 percent for
lead.205 In FY 2023, EPA will continue to prioritize key activities in support of attainment of the
NAAQS and implementation of stationary source regulations by state, tribal, and local air agencies.
This includes activities in key nonattainment areas along the U.S. -Mexico border as part of U.S.
commitments under the Border 2025 agreement.
NAAQS Review
In FY 2023, EPA will continue its CAA-mandated responsibilities to review the science upon
which the NAAQS are based and the standards themselves. Periodic review of the NAAQS
requires significant resources and analysis of scientific and technical information to ensure for
each NAAQS that public health is protected with an adequate margin of safety, considering at-risk
populations.
The President directed EPA to review the 2020 PM NAAQS and the 2020 Ozone NAAQS in
accordance with Executive Order 13990: Protecting Public Health and the Environment and
Restoring Science to Tackle the Climate Crisis. EPA has requested resources in FY 2023 to better
incorporate science and input from the reestablished Clean Air Scientific Advisory Committee and
to assess information received during the public process for rulemakings to finalize these reviews.
In FY 2023, EPA will continue reviewing the NAAQS and has requested resources commensurate
to support these reviews. Each review involves a comprehensive reexamination, synthesis, and
evaluation of scientific information, the design and conduct of complex air quality and risk and
exposure analyses, and the development of a comprehensive policy assessment providing analysis
of the scientific basis for alternative policy options.
EPA will continue to administer the NAAQS by reviewing state plans and decisions consistent
with statutory obligations; taking federal oversight actions, such as action on SIP and TIP
submittals; and developing regulations and policies to ensure continued health and welfare
protection during the transition between existing and new standards. EPA will work with air
agencies to determine the need for additional federal rulemakings and guidance documents to
support state and tribal efforts to implement CAA SIP requirements, in alignment with capacity and
priorities. EPA will provide technical and policy assistance to states and tribes developing or
revising SIPs/TIPs. To the extent that the above-referenced NAAQS reviews result in a change to
the standards, air quality designations related activities for the changed standard(s) would be
required. The timing of this work would depend on when the final NAAQS are promulgated.
205 For additional information on air quality trends, please see Air Quality -National Summary at: https:/Avww. epa. go v/air-
trends/air-quality-national-summary and at Our Nation's Air: Status and Trends Through 2020, found at: fattps://
https://gispub.epa.gov/air/trendsreport/2021/.
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NAAQS Nonattainment Areas
EPA, in close collaboration with states and tribes, will work to improve air quality in areas not in
attainment with the NAAQS. The Agency will continue to implement changes to improve the
efficiency and effectiveness of the SIP process, with a goal of maximizing the timely processing of
state-requested SIP actions and reducing the backlog. The Agency also will act on redesignation
requests of nonattainment areas to attainment in a timely manner. EPA will maximize use of its
comprehensive, online State Planning Electronic Collaboration System (SPeCS) to promote
efficiencies for states to submit SIP revisions to EPA, and for EPA to track and process state
submittals. Since it launched in January 2018, more than 1,250 SIP submittals (about 90 percent
official submissions and 10 percent draft submittals) have come through SPeCS, and more than 400
users have registered from all 50 states and eight air districts. EPA also will further develop SPeCS
functionality to provide additional transparency to the public about NAAQS nonattainment areas,
state SIP requirements, and related EPA actions.
SIPs for Regional Haze
In FY 2023, EPA will continue reviewing and taking action on regional haze SIP revisions for the
second planning period. EPA would continue to work on any outstanding SIP matters and continue
providing technical assistance to ensure that states are making reasonable progress towards their
visibility improvement goals, consistent with statutory obligations. Under the Regional Haze Rule,
states are required to submit updates to their plans to demonstrate how they have and will continue
to make progress towards achieving their visibility improvement goals. EPA also may be working
on regulatory updates for future planning periods.
Fulfilling Legal Obligations
One of EPA's priorities is to fulfill its statutory and court-ordered obligations. Section 112 of
the CAA sets deadlines for EPA to review and update, as necessary, all NESHAP every eight years,
accounting for developments in practices, processes, and technologies related to those standards.
Section 112 also requires that EPA conduct risk assessments within eight years of promulgation
of each MACT-based NESHAP to determine if it appropriately protects public health and to revise
it as needed. EPA also will be undertaking three actions related to reviewing and revising the list
of hazardous air pollutants, as Section 112 requires. In FY 2023, EPA will undertake these required
reviews and associated rulemakings. EPA will enhance risk assessment capabilities to better
identify and determine impacts on communities. The Program will prioritize conducting reviews
of NESHAP for more than 32 source categories, many of which are subject to court-ordered or
court-entered dates or are actions otherwise required by courts, and incorporate environmental
justice considerations as part of the decision-making process. From this work, EPA expects to
propose or promulgate more than 20 rules in FY 2023. EPA also expects to be undertaking actions
related to reviewing and revising the list of hazardous air pollutants, as Section 112 requires.
In addition, under Section 129 of the CAA, in FY 2023 EPA plans to propose one rule regarding
incineration and control technologies that supports other rules issued under Section 129.
Technical Assistance to External Government Partners
EPA will assist other federal agencies and state and local governments in implementing the
conformity regulations promulgated pursuant to Section 176 of the CAA. These regulations require
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federal agencies, taking actions in nonattainment and maintenance areas, to ensure that the
emissions caused by their actions will conform to the SIP.
In FY 2023, EPA will provide technical assistance to state, local, and tribal air agencies for both
NSR and Title V (operating) permits. This support will occur at appropriate times and as requested,
consistent with applicable requirements, before and during the permitting process. EPA expects to
implement such support in an efficient manner and consistent with established timeframes for
applicable oversight of state, tribal, and local air agencies during the permitting process. EPA's
Electronic Permitting System and Title V petition submittal portal will improve EPA interaction
with state, local, and tribal air agencies and the general public, and improve data availability and
transparency.
EPA will assist state, tribal, and local air agencies with various technical activities. EPA develops
and provides a broad suite of analytical tools, such as: source characterization analyses; emission
factors and inventories; statistical analyses; source apportionment techniques; quality assurance
protocols and audits; improved source testing and monitoring techniques; source-specific
dispersion and regional-scale photochemical air quality models; and augmented cost/benefit tools
to assess control strategies.206 The Agency will maintain the core function of these tools (e.g.,
integrated multiple pollutant emissions inventory, air quality modeling platforms, etc.) to provide
the technical underpinnings for scientifically sound, efficient and comprehensive air quality
management by state, local, and tribal agencies.
In FY 2023, EPA will continue to provide information and assistance to Tribes, states, and
communities through documents, websites, webinars, and training sessions on tools to help them
build capacity and to provide input into environmental justice assessments that can inform risk
reduction strategies for air toxics. The Agency will continue to communicate and effectively
collaborate with communities to address a myriad of environmental concerns.
In FY 2023, EPA will continue to support critical response to the growing number of wildfire
smoke events through real-time, accessible air quality information, as well as supporting
communication documents and websites. The Agency will partner with other federal agencies,
such as the Center for Disease Control and the U.S. Forest Service to ensure a consistent and
coherent response. EPA expects this work to support tribal, state, local, and community needs to
prepare for an increasing number of wildfires and the impacts those fires have on public health
across the country.
In FY 2023, state and local air agencies will continue to lead the implementation of the National
Air Toxics Trends Sites (NATTS). The NATTS Program is designed to capture the impacts of
widespread air toxics and is comprised of long-term monitoring sites throughout the Nation.207
EPA will continue to consult on priority data gaps in order to improve the assessment of population
exposure to toxic air pollution.
206 For additional information, please see: https://www.epa.gov/teclniical-air-pollutioii-resources
207 For additional information, please see: https://www.epa.gov/amtic/air-toxics-ambient-monitoriiig.
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Maintaining Analytical Capabilities and Continuing Data Management
EPA will maintain baseline analytical capabilities required to develop effective regulations
including: analyzing the economic impacts and health benefits of regulations and policies;
developing and refining source sampling measurement techniques to determine emissions from
stationary sources; updating dispersion models for use in source permitting; and conducting air
quality modeling that characterizes the atmospheric processes that disperse a pollutant emitted by
a source. Resources from the Science and Technology appropriation component of this program
support the scientific development of these capabilities.
The President's FY 2023 budget request included $100 million for a new community air quality
monitoring and notification program to support efforts to deliver environmental justice for
overburdened and marginalized communities. This community air quality monitoring and
notification program will be able to provide real-time data to the public in areas with greatest
exposure to harmful levels of pollution, as described in Executive Order 14008: Tackling the
Climate Crisis at Home and Abroad. In FY 2023, the Agency will continue to work closely with
states, tribes, and local air quality agencies to develop the most effective approach to meet
community concerns. Funds will support several efforts, including tribal, state, and local grants
that supplement the national ambient air quality monitoring network including enhancement of air
quality characterization in communities, a competitive grant program promoting air monitoring
partnerships with communities, systems to manage and deliver real-time air quality data to the
public, and management and implementation activities performed by the Agency.
In FY 2023, EPA will operate and maintain the Air Quality System (AQS), one of the Agency's
mission-essential functions, which houses the Nation's air quality data. EPA will provide the core
support needed for the AQS Data Mart, which provides access to the scientific community and
others to obtain air quality data via the internet. The Agency is exploring a future combined
ambient data process to facilitate a streamlined approach to improve the availability of air quality
data for our regulatory partners and the public.
The Agency's national real-time ambient air quality data system (AirNow) will maintain baseline
operations. Data show the public is increasingly relying on AirNow for air quality information
during wildfires. In FY 2023, EPA will continue improving the Fire and Smoke map, including
engaging tribal, state, and local agencies for input.
EPA will continue to operate and maintain the Emissions Inventory System (EIS), a system used
to quality assure and store current and historical emissions inventory data, and to support
development of the National Emissions Inventory (NEI). EPA, states, and others use the NEI to
support state and local air agency SIP development, serve as a vital input to air quality modeling,
help analyze public health risks from air toxics and develop strategies to manage those risks, as
well as support multi-pollutant analysis for air emissions. The Agency is working on user-focused
improvements to the EIS, including the addition of online user guides and changing the data
submission format to make it easier to report emissions inventory data. EPA will streamline NEI
development and reduce the burden for industry to meet emissions data reporting requirements
through the Combined Air Emissions Reporting (CAER) e-Enterprise effort. The CAER project,
when fully developed and deployed, will streamline multiple emissions reporting processes and is
expected to reduce the cost to industry and government for providing and managing environmental
data and improve decision-making capacity through more timely availability of the data.
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In FY 2023, EPA will initiate a multi-phased process for strengthening air pollution benefits
analysis methods in an effort to improve the science it uses to quantify benefits from air quality
regulations. EPA will develop a draft benefits Guidelines document outlining best practices for
incorporating new scientific information into methods for benefits analysis. This will be followed
by additional reviews of specific methods and applications. This effort will help ensure
transparency and confidence in the process for selecting and applying the latest science in benefits
analysis. EPA also will improve tools and approaches to enable more robust analysis of program
impacts on communities with environmental justice concerns and vulnerable populations.
As part of a forward-looking air toxics strategy, EPA will address these regulatory and emerging
issues and improve access to air toxics data. The Agency will transition to a new approach to share
air toxics data faster and more regularly to the public, allowing for increased transparency and the
ability to see trends and risks over time. By 2023, EPA will start reporting the most current air
toxics data each year in the annual Air Trends Report and an online interactive tool instead of the
current three to four-year cycle and providing that data at an increased spatial resolution.
Performance Measure Targets:
(PM NAAQS) Percentage of air quality improvement in counties not
meeting current NAAQS.
FY 2022
Target
FY 2023
Target
7
8
(PM NAAQS2) Percentage of people with low SES living in areas where the
air quality meets the PM2.5 NAAQS.
FY 2022
Target
FY 2023
Target
90
93
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$9,932.0) 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.
• (+$100,000.0) This program change is an increase to develop and implement a community
air quality monitoring and notification program to provide real-time data to the public in
areas with greatest exposure to harmful levels of pollution. This increase supports work to
reduce GHG emissions to tackle the climate crisis and ensure equitable environmental
outcomes to advance environmental justice.
• (+$33,470.0 / +85.4 FTE) This program change is an increase in support for critical priority
work for implementation of climate and clean air regulations, including anticipated
emissions guidelines for oil and gas and NAAQS review work and related implementation
activities, such as development of guidance, review of SIPs and permits, and air monitoring
and analyses. This investment includes $15.11 million in payroll.
• (+$7,588.0 / + 6.0 FTE) This program change is an increase that will enhance EPA's
abilities to forecast where smoke will impact people; identify and communicate when and
where smoke events are occurring through monitoring and AirNow's Fire and Smoke Map;
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build local capacity to be Smoke Ready so exposure to smoke is reduced; and strengthen
internal as well as state, local, and tribal capacity to better coordinate and communicate
regarding wildfire smoke and address related regulatory activities. This investment
includes $1,062 million in payroll.
Statutory Authority:
Clean Air Act.
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Stratospheric Ozone: Domestic Programs
Program Area: Clean Air and Climate
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health Impacts
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
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President's
Budget
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$4,805
$4,633
$26,607
$21,974
Total Workyears
20.6
18.9
39.6
20.7
Program Project Description:
EPA's stratospheric ozone protection program implements provisions of the Clean Air Act (CAA)
and the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol), which
facilitates a global phaseout of ozone-depleting substances (ODS). The Program also implements
the American Innovation and Manufacturing (AIM) Act of 2020 to phase down climate-damaging
hydrofluorocarbons (HFCs). These actions help protect both the climate system and the
stratospheric ozone layer, which shields all life on Earth from harmful solar ultraviolet (UV)
radiation.
Scientific evidence demonstrates that ODS used around the world destroy the stratospheric ozone
layer,208 which raises the incidence of skin cancer, cataracts, and other illnesses through
overexposure to increased levels of UV radiation.209 Based on recent updates to EPA's peer-
reviewed Atmospheric and Health Effects Framework model, the Montreal Protocol is expected to
prevent approximately 443 million cases of skin cancer, 2.3 million skin cancer deaths, and 63
million cases of cataracts for people in the United States born in the years 1890-2100.210 EPA
developed this model to better understand the benefits to public health of stratospheric ozone
protection. As a result of global action to phase out ODS, the ozone layer is expected to recover to
its pre-1980 levels by mid-century. The AIM Act addresses the climate impact of HFCs by phasing
down their production and consumption, maximizing reclamation and minimizing releases of
HFCs and their substitutes from equipment, and facilitating the transition to next-generation
technologies through sector-based restrictions. A global phasedown of HFCs is expected to prevent
up to 0.5 °C of global warming by 2100.
208 World Meteorological Organization (WMO). Scientific Assessment of Ozone Depletion: 2014. Global Ozone Research
and Monitoring Project-Report No. 56, Geneva, Switzerland, 2014.
209 Fahey, D.W., and M.I. Hegglin (Coordinating Lead Authors), Twenty questions and answers about the ozone layer: 2014
Update, In Scientific Assessment of Ozone Depletion: 2014, Global Ozone Research and Monitoring Project-Report No. 56,
World Meteorological Organization, Geneva, Switzerland, 2014.
Available on the internet at: https://csl.noaa.gov/assessments/ozone/2014/twentyquestions/.
210 U.S. Environmental Protection Agency (EPA). Updating the Atmospheric and Health Effects Framework Model:
Stratospheric Ozone Protection and Human Health Benefits. EPA: Washington, DC. May 2020. Available on the internet at:
https://www.epa.gov/sites/production/files/2020-04/documents/2020_ahef_report.pdf.
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EPA uses a combination of regulatory and partnership programs to implement Title VI of the CAA
and the AIM Act and to further the protection of the ozone layer and climate system. Title VI
provides for a phaseout of production and consumption of ODS and requires controls on their use,
including banning certain emissive uses, requiring labeling to inform consumer choice, and
requiring sound servicing practices for the use of refrigerants in air conditioning and refrigeration
appliances. Title VI also prohibits venting ODS and their substitutes and requires listing of
alternatives that reduce overall risks to human health and the environment, ensuring that businesses
and consumers have alternatives that are safer for the ozone layer than the chemicals they replace.
The AIM Act provides for a phasedown of production and consumption of HFCs in the United
States by 85 percent, supports industry's transition to next-generation technology, and requires
management of HFCs and HFC substitutes. In September 2021, EPA issued a final rule
establishing an allowance allocation program to implement the phasedown, as well as robust
compliance assurance and enforcement mechanisms to provide a level playing field for producers
and importers of HFCs and ensure the program delivers the intended environmental benefits. EPA
also worked with U.S. Customs and Border Protection to create an interagency task force to
prevent and deter illegal trade in HFCs, and support the enforcement of the phasedown.
As a signatory to the Montreal Protocol, the U.S. is committed to ensuring that our domestic
program is at least as stringent as international obligations, and to regulating and enforcing the
terms of the Montreal Protocol respective of domestic authority. In 2007, with U.S. leadership, the
Parties to the Montreal Protocol agreed to a more aggressive phaseout for ozone-depleting
hydrochlorofluorocarbons (HCFCs) equaling a 47 percent reduction in overall emissions during
the period 2010 - 2040. The adjustment in 2007 also called on Parties to the Montreal Protocol to
promote the selection of alternatives to HCFCs that minimize environmental impacts, in particular
impacts on climate.211 The CAA provides the necessary authority to ensure EPA can collect and
validate data, and where appropriate, report data on production and consumption of ODS on behalf
of the United States.212 The Parties to the Montreal Protocol also agreed to the Kigali Amendment
in 2016,213 which seeks to globally phase down the production and consumption of HFCs
consistent with the AIM Act. If the United States ratifies the Kigali Amendment, EPA will use the
authority in the AIM Act to collect and validate data, and where appropriate, report data on
production and consumption of HFCs on behalf of the United States.
Partnership programs are calibrated to increase benefits by focusing on specific areas where the
Agency has identified significant opportunities. The Responsible Appliance Disposal (RAD)
Program214 is a partnership that protects the ozone layer and reduces emissions of greenhouse
gases through the recovery of ODS and HFCs from old refrigerators, freezers, window air
conditioners, and dehumidifiers prior to disposal. RAD has more than 50 partners, including
manufacturers, retailers, utilities, and state governments. The GreenChill Partnership215 helps
211 Montreal Protocol Decision XIX/6: Adjustments to the Montreal Protocol with regard to Annex C, Group I, substances
(hydrochlorofluorocarbons).
212 In the event that the United States ratifies the Kigali Amendment, EPA has authority under the AIM Act to collect the data
needed for reporting on HFCs under the Montreal Protocol.
213Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, Kigali 15 October 2016, found at:
https://treaties.un.org/doc/Publication/CN/2016/CN.872.2016-Eng.pdf.
214 For more information, see: fattps://www.epa.gov/rad
215 For more information, see: http://www.epa.gov/greenchill.
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supermarkets transition to environmentally friendlier refrigerants, reduce harmful refrigerant
emissions, and move to advanced refrigeration technologies, strategies, and practices that lower
the industry's impact on the ozone layer and climate. The Program includes stores in all 50 states
and represents over 30 percent of the United States' supermarkets. GreenChill partners are
reducing refrigerant leak rates to half the estimated national average and developing annual plans
for further improvements.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan. Work in this
program also supports progress toward the Agency Priority Goal to reduce the production and
consumption of HFCs.
In carrying out the requirements of the CAA and the Montreal Protocol in FY 2023, EPA will
continue to meet its ODS consumption caps and work toward the required gradual reduction in
production and consumption of ODS. To meet the FY 2026 long-term performance goal for
lowering consumption of HCFCs to 76.2 tons per year of ozone-depletion potential,216 EPA will:
issue allocations for HCFC production and import in accordance with the requirements established
under CAA Sections 605 and 606; review petitions to import used ODS under sections 604 and
605; manage information that industry identifies as confidential under CAA Section 603; and
implement regulations concerning the production, import, and export of ODS and maintenance of
the tracking system used to collect the information. EPA intends to finalize a rule on process agent
uses of ODS and propose a rule on feedstock uses of ODS in FY 2023. EPA also will prepare and
submit the annual report under Article 7 of the Montreal Protocol on U.S. consumption and
production of ODS consistent with the treaty.217
EPA will continue to implement the CAA Section 608 refrigerant management requirements
related to the use and emission of ODS, HFCs and other substitutes.
CAA Section 612 requires continuous review of alternatives for ODS through EPA's Significant
New Alternatives Policy (SNAP) program218 to both find those that pose less overall risk to human
health and the environment and ensure a smooth transition to safer alternatives. Through these
evaluations, SNAP generates lists of acceptable and unacceptable substitutes for approximately 50
end-uses across eight industrial sectors. InMexichem Fluor v. EPA, the DC Circuit Court partially
vacated a 2015 rule "to the extent it requires manufacturers to replace HFCs with a substitute
substance" and remanded the rule to EPA for further proceedings. A second court decision applies
similarly to a 2016 rule. EPA expects to propose a notice-and-comment rulemaking in FY 2022
that would address the court decisions and intends to finalize the rule in FY 2023. In addition, in
FY 2023, EPA expects to list through notice as well as propose notice-and-comment rulemaking
that would expand the list of acceptable lower-GWP alternatives, particularly for end-uses where
216 The HCFC consumption cap of 15,240 ODP-weighted metric tons for the U.S. was effective January 1, 1996, and became the
U.S. consumption baseline for HCFCs.
217 The Article 7 report prepared by EPA on behalf of the United States contains chemical-specific production, import and export
data that is not available publicly. To protect potential confidential information the report is not available on the internet; however,
the data included in the report is aggregated and available at: https://ozone.unep.org/countries/profile/usa.
218 For more information, please see: https://www.epa.gov/snap.
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there is an urgent need for more options, which also will support implementation of the AIM Act.
EPA also will continue to work towards ensuring the uptake of safer alternatives and technologies,
while supporting innovation, and ensuring adoption of alternatives through support for changes to
industry codes and standards.
With the decline in allowable ODS production, a significant stock of equipment that continues to
use ODS will need access to recovered and recycled/reclaimed ODS to allow for proper servicing.
EPA will continue to review available market and reported data to monitor availability of recycled
and reclaimed ODS where production and import of new material is phased out to support this
need. In addition, EPA will continue to implement a petition process to allow for the import of
used ODS (primarily halon) for fire suppression purposes. EPA also will implement other
provisions of the Montreal Protocol, including exemption programs to allow for a continued
smooth phaseout of ODS, particularly for laboratory and analytical uses, feedstock, process agents,
and HCFCs used consistent with the servicing tail.
In FY 2023, the Agency also will continue to implement the AIM Act HFC phasedown through
an allowance allocation and trading program established in FY 2021 and this work will support
implementation of EPA's Agency Priority Goal. To further this goal, the Agency has requested
additional resources to restore staff capacity and develop a new grant program aimed at assisting
small businesses with the purchase of specialized equipment for the recycling, recovery, or
reclamation of a substitute for a regulated substance as authorized in the AIM Act.
The Agency will continue to implement an HFC reporting system and develop additional tracking
and review tools to better ensure compliance with the phasedown regulations, and work with other
agencies to prevent illegal imports. EPA also will finalize a regulation proposed in FY 2022 to
issue allowances for HFC production and consumption for calendar years 2024 and future years.
Under subsection (h) of the AIM Act, in FY 2023 EPA will propose a notice and comment
rulemaking to control certain practices, processes, or activities regarding the servicing, repair,
disposal, or installation of equipment that involves a regulated substance, a substitute for a
regulated substance, the reclaiming of a regulated substance used as a refrigerant, or the reclaiming
of a substitute for a regulated substance used as a refrigerant.
Under subsection (i) of the AIM Act, the Agency will finalize regulations proposed in FY 2022 to
restrict fully, partially, or on a graduated schedule, the use of a regulated substance in the sector or
subsector in which the regulated substance is used, promoting a transition to next-generation
technologies. Other activities under subsection (i) include granting and/or denying petitions for
sector-based restrictions on HFCs.
The AIM Act also authorizes EPA to establish a grant program for small businesses for purchase
of recycling, recovery, or reclamation equipment for HFC substitutes, including for servicing
motor vehicle air conditioners. In FY 2023, additional funding is included for the development of
a new grant program to assist small businesses with the purchase of specialized equipment for the
recycling, recovery, or reclamation of a substitute for a regulated substance as authorized in the
AIM Act.
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In FY 2023, EPA will continue to provide technical expertise for the Montreal Protocol's
Technology and Economic Assessment Panel and its Technical Options Committees, advancing
reductions of ODS and HFC consumption and ensuring U.S. interests are represented.
In FY 2023, EPA will continue to support a level playing field for companies operating legally
under the CAA and AIM Act regulations and those that have transitioned to alternatives for ODS
and HFCs. EPA exchanges data with U. S. Customs and Border Protection and Homeland Security
Investigations on ODS and HFC importers and exporters to determine admissibility and target
illegal shipments entering the United States, as well as reviews and approves imports flagged in
the Automated Commercial Environment. This is particularly important in light of recent
atmospheric measurements showing unexpected increased emissions of CFC-11, an ODS phased
out of production globally,219'220 and given the new AIM Act regulations. EPA also will work with
partner agencies, including through the Interagency Task Force on Illegal HFC Trade, to detect,
deter, and disrupt any attempt to illegally import or produce HFCs in the United States. In addition,
EPA will work to support federal sector management and transition from HFCs through continued
cooperation with organizations such as Department of Defense and the General Services
Administration.
Performance Measure Targets:
(PM HFC) Remaining U.S. consumption of hydrofluorocarbons (HFCs).
FY 2022
Target
FY 2023
Target
273.5
273.5
(PM HCFC) Remaining U.S. consumption of hydrochlorofluorocarbons
(HCFCs), chemicals that deplete the Earth's protective ozone layer, in ozone
depletion potential (ODP)-weighted metric tons.
FY 2022
Target
FY 2023
Target
76.2
76.2
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$572.0) 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.
• (+$16,402.0 / +20.7 FTE) This program change is an increase to implement provisions in
the American Innovation and Manufacturing Act to phase down the use of HFCs, to
facilitate U.S. entry to the Kigali amendment to the Montreal Protocol, and to restore staff
capacity around efforts to tackle the climate crisis. This investment includes $3,625 million
in payroll.
219 See, Montzka et al. An unexpected and persistent increase in global emissions of ozone-depleting CFC-11, Nature, volume
557, pages 413^17, 2018. Available on the internet at: https://www.nature.com/articles/s41.586-01.8-01.06-2.
220 See, Rigby et al. Increase in CFC-11 emissions from eastern China based on atmospheric observations, Nature, volume 569,
pages 546-550, 2019. Available on the internet at: https://www.nature.com/articles/s41.586-01.9-1.1.93-4.
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• (+$5,000.0) This program change is an increase for the development of a new grant
program to assist small businesses with the purchase of specialized equipment for the
recycling, recovery, or reclamation of a substitute for a regulated substance as authorized
in the AIM Act.
Statutory Authority:
Title VI of the Clean Air Act and the American Innovation and Manufacturing Act.
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Stratospheric Ozone: Multilateral Fund
Program Area: Clean Air and Climate
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health Impacts
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
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$8,326
$8,711
$18,000
$9,289
Program Project Description:
The Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) is the
international treaty designed to protect the stratospheric ozone layer by facilitating a global
phaseout of ozone-depleting substances (ODS) and since 2016, phasing down climate-damaging
hydrofluorocarbons (HFCs) under its Kigali Amendment. EPA is phasing down ODS under Title
VI of the Clean Air Act and HFCs under the American Innovation and Manufacturing (AIM) Act
of 2020. As a result of global action to phase out ODS, the ozone layer is expected to recover to
its pre-1980 levels by mid-century. A global phasedown of HFCs is expected to prevent up to
0.5 °C of global warming by 2100.
The Multilateral Fund for the Implementation of the Montreal Protocol (Multilateral Fund) was
created by the Parties to the Montreal Protocol to provide funds that enable developing countries
to comply with their Montreal Protocol obligations following agreed upon schedules. The United
States and other developed countries contribute to the Multilateral Fund. The United States holds
a permanent seat on the Multilateral Fund's governing body (the Executive Committee) and can
help focus efforts on cost-effective assistance and encourage climate-friendly transitions. The U.S.
contribution to the Multilateral Fund is split between EPA and the Department of State.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan.
EPA's contributions to the Multilateral Fund in FY 2023 will primarily continue to support cost-
effective projects designed to build capacity and eliminate ODS production and consumption in
over 140 developing countries and provide early support for the global phasedown of HFCs.
Through 2020, the Multilateral Fund supported over 7,833 activities in 146 countries that, when
fully implemented, will phase out more than 490,000 ozone-depletion potential metric tons.
Additional projects will be submitted, considered, and approved in accordance with Multilateral
Fund guidelines.
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In FY 2023, the United States will continue to promote developing country transitions to climate-
friendly alternatives and reduce HFC-23 byproduct emissions. The United States also will support
preparatory activities such as establishing HFC baselines, phasedown starting points, and other
activities to ensure that the global HFC phasedown will leverage the expertise and experience
gained during the 30-year history with phasing out ODS. Taken together, this work will support
developing country compliance with Protocol obligations.
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):
• (+$9,289.0) This program change is an increase to help fund additional activities
associated with the adoption of the Kigali Amendment and developing country phase down
of HFCs while continuing to support ODS phaseout activities.
Statutory Authority:
Title VI of the Clean Air Act.
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Compliance
238
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Compliance Monitoring
Program Area: Compliance
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(Dollars in Thousands)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
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$132
$139
$2,146
$2,007
Hazardous Substance Superfiind
$1,778
$1,000
$1,015
$15
Total Budget Authority
$99,493
$103,639
$147,931
$44,292
Total Workyears
439.1
453.9
463.4
9.5
Program Project Description:
The Compliance Monitoring Program is a key component of EPA's Enforcement and Compliance
Assurance Program that supports both compliance with federal environmental laws as well as
efforts to identify noncompliance. Compliance monitoring activities, such as inspections,
investigations, and review of self-reported compliance monitoring information, or other forms of
offsite compliance monitoring, are conducted by EPA and our coregulators (states, federally
recognized tribes, and territories) to determine if regulated entities are complying with
environmental statutes as well as applicable regulations and permit conditions. Compliance
information gathered from these activities is reported into EPA's data systems and used for
analyses and targeting, and to make information available to co-regulators and the public. These
activities and data also can be utilized to identify programs and sectors with high noncompliance
to be the subject of national compliance and enforcement initiatives, and to identify conditions that
may present an imminent and substantial endangerment to human health and the environment and
thereby warrant immediate attention. Given the large number of regulated entities, effective
targeting of compliance monitoring and analysis of compliance data play a critical role in achieving
the goals EPA has set forth for protecting health and the environment.
Tools in the Compliance Monitoring Program include:
• Compliance Program Data Management and Electronic Reporting: EPA has a national
enforcement and compliance data system, the Integrated Compliance Information System
(ICIS), which supports both the compliance monitoring and civil enforcement programs. As
EPA's largest mission-focused data system, ICIS is a critical infrastructure tool used by the
Agency, state, tribal, local and territorial governments, and the regulated community, to track
compliance with and enforcement of all EPA statutes, which facilitates greater compliance and
thus protection of human health and the environment. States are a major user of this resource.
For instance, 21 state governments depend on ICIS to directly manage their clean water
permitting and compliance activities. EPA utilizes ICIS enforcement and compliance data and
other information technology tools to: (1) identify potential violations of the federal
239
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environmental laws; (2) facilitate efficient enforcement; and (3) promote compliance with
these requirements.
EPA also makes ICIS data available to the public via the internet-accessible Enforcement and
Compliance History Online (ECHO) system. Using ICIS and ECHO to electronically track its civil
enforcement work allows EPA to better ensure that its enforcement resources are used to facilitate
transparency and address the most significant noncompliance problems, including noncompliance
affecting overburdened, underserved, or vulnerable communities and noncompliance that leads to
climate impacts. EPA collaborates with state, local, federal, tribal, and industry partners, through
the E-Enterprise initiative, to leverage technologies such as in promoting electronic reporting and
permitting. EPA and states implement the National Pollution Discharge Elimination System
(NPDES) Electronic Reporting Rule through ICIS, one key tool for improving the availability of
clean water compliance data to EPA, states, and the public.221
• Support for the Clean Water Act (CWA) National Pollutant Discharge Elimination
System (NPDES) Program: The Agency will continue to implement Phases 1 and 2 of the
NPDES Electronic Reporting Rule which covers electronic permitting and compliance
monitoring reporting and data sharing requirements for EPA and states. EPA will continue to
work with states to ensure EPA has complete and high-quality permit, compliance, and
enforcement data, and will evaluate and prioritize the development of additional electronic
reporting tools that support states. EPA will continue to provide EPA and states with tools and
support for tracking, interpreting, and reducing their NPDES noncompliance rate and will
provide support to states in strengthening their NPDES compliance programs. In FY 2021,
EPA reduced the percentage of permittees in significant noncompliance with their NPDES
permits from a FY 2018 baseline of 20.3 percent to 12.6 percent.
• Compliance Monitoring Inspector Credential Policies and Training for EPA, State,
Tribal and Local Governments: To ensure the quality of compliance monitoring activities,
EPA develops national policies, updates inspection manuals, establishes training requirements
for inspectors, and issues inspector credentials. EPA delivers critical in-person and online
training courses to new and experienced federal, state, tribal and local inspectors to ensure the
integrity of the national Compliance Monitoring Program, as well as other training for federal
and state personnel on critical and emerging compliance issues. EPA hosts several in-person
inspector training programs, such as the annual Clean Water Act NPDES Technical Inspector
Workshop, the Public Water System Supervision (PWSS) Inspector Training Program, and the
Federal Insecticide, Fungicide, and Rodenticide Act Pesticide Inspector Residential Training
Program.
• Compliance Assistance: Compliance assistance is a valuable tool to assist regulated facilities
in understanding their compliance obligations and achieving and maintaining compliance.
EPA provides compliance assistance by working with third-party organizations and federal
agencies to support 17 web-based, sector-specific compliance assistance centers and other
web-based assistance resources. In addition, the Enforcement and Compliance Assurance
Program develops webinars, Compliance Advisories, and other assistance materials to help
EPA, and state regulators and the regulated community understand compliance rules and
221 For more information, please see: https://www.epa.gov/compliance/npdes-ereporting
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obligations. EPA also provides facility specific technical assistance to regulated entities such
as the CWA and Safe Drinking Water Act (SDWA) regulated entities under the Compliance
Advisor Program discussed in greater detail below.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Detect Violations and Promote
Compliance in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an additional $42.3 million and 9.5 FTE to modernize our
national enforcement and compliance data system and to expand compliance monitoring efforts to
address environmental justice issues (including the Compliance Advisor Program and inspection
program), Smart Tools for inspectors, implementation of the Evidence Act, per- and poly-
fluoroalkyl substances (PFAS), and climate change concerns including reduction in the use of
hydrofluorocarbons (HFCs). EPA will continue to implement its comprehensive action plan for
integrating environmental justice (EJ) and climate change considerations throughout all aspects of
the Program, including the addition of a performance measure tracking the percentage of
inspections affecting communities with potential EJ concerns. This effort answers the President's
call to "strengthen enforcement of environmental violations with disproportionate impact on
overburdened or underserved communities through the Office of Enforcement and Compliance
Assurance" (EO 14008, sec. 222(b)(i)), and to "combat the climate crisis with bold, progressive
action" (EO 14008, sec. 201).222 This work includes, but is not limited to, multi-state/multi-
regional matters, issues of national significance, and emergency situations. In addition, EPA also
will provide some targeted oversight and support to state, local, and tribal programs. To accomplish this
objective, the Agency will prioritize work with states to develop methods that successfully leverage
advances in both monitoring and information technology. The Agency also will maintain accessibility
to ICIS for EPA, states, and tribes.
EPA will continue the data system modernization effort to better support states, tribes, and local
governments and the public's need for information with modernized technology and implement
EPA's enterprise-wide Digital Strategy with shared IT services. Modernization will facilitate
EPA's efforts to better target noncompliance that impacts overburdened, underserved, or
vulnerable communities and will increase the availability of information about environmental
conditions in those communities and elsewhere.
In FY 2023, EPA will continue its efforts to modernize ICIS and support better integration with
the public ECHO database. As a result of this data integration, EPA will be in a better position to
focus compliance monitoring resources on areas of highest human and environmental risk, increase
transparency to the public and improve data quality. EPA also will continue to improve ICIS and
ECHO which will facilitate better access of compliance data and community information (e.g.,
from EPA's EJ screening tool) to EPA and states and to the public.
222 For additional information on the Executive Order on Tackling the Climate Crisis at Home and Abroad, please see:
https://www.whitehouse.gov/briefiiig-room/presideiitial-actioiis/2021/01/27/executive-order-oii-tackliiig-the-climate-crisis-at-
home-and-abroad/.
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In FY 2023, EPA also will continue to expand software solutions for field inspectors to improve
the effectiveness and efficiency of compliance inspections conducted by EPA and authorized
states. Beginning in FY 2020, EPA has rolled out its Smart Tools for inspectors in the Resource
Conservation and Recovery Act (RCRA) Hazardous Waste Program and the NPDES Program.
Smart Tools software makes the process of documenting field inspections and preparing inspection
reports more efficient. This tool allows EPA to use its compliance monitoring resources more
efficiently, including monitoring for noncompliance, which affect overburdened, underserved, or
vulnerable communities, or which may have climate impacts. It also allows EPA to make
inspection reports more readily and timely available to the regulated entity and to the public in
affected communities. Work on design and development of software for additional inspection
programs will continue through FY 2022 and beyond (e.g., Underground Storage Tanks, Clean
Air Act, Toxic Substances Control Act, Federal Insecticide, Fungicide, and Rodenticide Act).
Additional funding will further allow EPA to increase its implementation of the Evidence Act223
through the "Drinking Water Systems Out of Compliance" priority area in EPA's Learning
Agenda. Safe drinking water is critical to the health of communities and each year, thousands of
community water systems violate one or more health-based drinking water standards. Drinking
water noncompliance is greatest in small, under-resourced communities and may be higher than
EPA data suggests due to failures to monitor and report. In FY 2023, EPA will continue to collect
new information and conduct studies under this learning priority area to develop statistically valid
data to identify effective policy instruments. Additional resources will allow for the involvement
of more state partners in assessing drinking water data to determine how accurately the data
measures national compliance and substantiates EPA policy decisions. EPA will evaluate other
questions on noncompliance root causes and corresponding factors and the efficacy of technical
assistance, enforcement, and state oversight. EPA also will conduct an analysis to identify metrics
of system technical, managerial, and financial capacity for early identification of at-risk drinking
water systems. The analysis will test existing and new predictive analytic tools designed to identify
at-risk systems. EPA will continue to reach out to and work with states, tribes, and academic
experts to implement OECA's compliance learning agenda. The compliance learning agenda will
improve the effectiveness of enforcement and compliance programs, approaches and tools by:
prioritizi-ng the most pressing programmatic questions; planning evidence-based studies to address
these questions; and identifying effective and innovative approaches for improving compliance.
In FY 2023, EPA will continue the Agency's Compliance Advisor Program (formerly known as
OECA's "Circuit Rider Program"), which reduces noncompliance at small public water systems
(PWSs) and small wastewater treatment facilities (WWTFs) by providing hands-on technical
assistance. Many small drinking water and wastewater systems are under-resourced or are in
overburdened or underserved communities and are unable to achieve and maintain compliance due
to lack of technical, managerial, and financial capacity. These communities are impacted by factors
such as aging infrastructure, workforce shortages, and declining rate bases. These challenges are
the root cause of most violations of the SDWA and CWA. Part trainer and part consultant,
Compliance Advisors troubleshoot issues, develop plans to return systems to compliance, and
increase the technical capacity of operators. The Compliance Advisors may revisit systems as
needed, promoting sustainable compliance.
223 Foundations for Evidence-Based Policymaking Act (Public Law 115—435).
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To date, Compliance Advisors have provided technical assistance to approximately 165 small
PWSs and 68 WWTFs in under-resourced communities nationwide, across all Regions - covering
21 states, Puerto Rico, and seven tribes. An increase of approximately $2 million plus 1 FTE will
allow Compliance Advisors to provide much needed assistance for up to 100 new systems. There
are hundreds more small systems and facilities that need technical support to help them achieve
and stay in compliance and provide clean and safe water to the communities they serve. In general,
the systems supported by the Compliance Advisor Program are small (serving populations of less
than 10,000). Over 90 percent are in overburdened, underserved, or vulnerable communities. As
of early 2022, Compliance Advisors have delivered approximately 100 Recommendations Reports
to small drinking water and wastewater systems, and have provided more than 300 standard
operating procedures, checklists, and other tools to help these small systems return to sustained
compliance. Tribes, who are often small or isolated, also will be offered additional multimedia
assistance with respect to underground injection wells, underground storage tanks, and other
programs as appropriate. There is significant demand for assistance that is targeted where existing
technical support efforts cannot meet the needs of the community. The Compliance Advisor
Program supplements other technical assistance efforts across the Agency. As funds are available,
the Regions are requested to work with their states to identify and nominate systems to receive
Compliance Advisor help returning to and sustaining compliance.
In FY 2023, EPA will continue to utilize its Mission Contract to support inspections in all Regions
and to fund compliance monitoring efforts that support development of hydrofluorocarbon (HFC)
cases. Compliance monitoring funds will advance protection of communities by increasing
inspections and compliance assistance to ensure nearby facilities are adhering to regulations
designed to protect vulnerable populations, as well as creating and expanding programs to further
environmental protections and increase monitoring capability.
The investment in resources will support enforcement and compliance inspections adhering to
Clean Air Act requirements for motor vehicles, engines and fuels, stationary sources, chemical
accident prevention, wood heaters, and stratospheric ozone; Clean Water Act requirements for
preventing and addressing oil spills and spills of sewage or other hazardous substances, wetlands
protection, and biosolids use and disposal; Toxic Substance Control Act requirements for new and
existing chemicals, lead based paint and polychlorinated biphenyls (PCBs); Federal Insecticide,
Fungicide, and Rodenticide Act requirements for pesticide registration; and Emergency Planning
and Community Right to Know Act requirements for emergency planning; Toxics Release
Inventory reporting; American Innovation and Manufacturing (AIM) Act requirements for HFC
reductions; and for Resource Conservation and Recovery Act requirements for hazardous and non-
hazardous solid waste.
In FY 2023, EPA will continue the Agency's efforts to develop actions to address PFAS. PFAS is
an urgent public health and environmental threat facing communities across the United States, with
significant equity and EJ implications. While these compounds have for decades played an
important role to many areas of society, the Nation is now realizing the potential adverse efforts
of their widespread use. Today, PFAS have been found in surface water, groundwater, soil, and
air across the country - from remote rural areas to densely-populated urban centers. Adverse health
effects from PFAS contamination may most strongly threaten vulnerable populations (including
pregnant women, children, and the elderly).
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This proposed increase of approximately $3 million in funding will support EPA's PFAS Strategic
Roadmap. EPA will utilize these resources to investigate and identify releases of PFAS to the air,
land, and water by actively investigating under RCRA, Toxic Substances Control Act (TSCA),
CWA, SDWA, and CAA at the yet-unknown number of processing facilities and waste disposal
facilities where PFAS are suspected of contaminating various environmental media. Funds will
support case development and issuance of information requests, including the potential
identification of imminent and substantial endangerment issues under CWA, SDWA, or RCRA.
These resources also will assist dispute resolution and case development against federal agencies
responsible for PFAS contamination. Funds will be used to continue operation and development
of the PFAS Analytic Tools, a data integration platform currently used by EPA and states to
analyze national PFAS data sets. The funding will provide enhancements including making the
information more available to the public, including communities with EJ concerns.
Performance Measure Targets:
(PM 409) Number of federal on-site compliance monitoring inspections and
evaluations and off-site compliance monitoring activities.
FY 2022
Target
FY 2023
Target
10,000
10,000
(PM 444) Percentage of EPA inspection reports sent to the facility within 70
days of inspection.
FY 2022
Target
FY 2023
Target
75
75
(PM 450) Percentage of EPA inspections at facilities affecting communities
with potential environmental justice concerns.
FY 2022
Target
FY 2023
Target
45
50
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$3,447.0) 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.
• (+$22,854.0 / +5.0 FTE) This program increase will allow EPA to accelerate the
modernization of the Integrated Compliance Information System and enhance its
integration with the Enforcement and Compliance History Online family of internet-based
services. The increased resources will fund adjustments to ICIS and ECHO that will
facilitate better access of compliance data and community information, for instance to
EPA's EJSCREEN tool and to other Federal systems like the Climate and Economic Justice
Screening Tool) to EPA and states and to the public. This modernization will enhance
EPA's efforts to address compliance concerns in overburdened, underserved, or vulnerable
communities. This investment includes $854.0 thousand in payroll.
• (+$6,391.0 / +2.0 FTE) This program increase will allow the Compliance Advisor Program
to provide critical technical assistance to an additional 80-100 systems to achieve and
maintain compliance. Funding also will be used to support inspections and case
development in the Regions. Funds may be used to support underserved communities
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identified by the Regions and states as having concerns because of lead Action Level
exceedances. This investment includes $342.0 thousand in payroll.
• (+$1,071.0 / +2.0 FTE) This program increase will allow EPA to evaluate priority
questions in the Drinking Water Learning Agenda, developed under the Evidence Act, and
thereby test the efficacy of policies to address drinking water noncompliance. The increase
also will allow EPA to conduct studies with broader participation (such as involving the
states) to test the effectiveness of inspection and enforcement approaches to improve
compliance in the drinking water program. This investment includes $342.0 thousand in
payroll.
• (+$116.0 / +0.5 FTE) This program increase will allow EPA to fund required collaborative
enforcement and compliance assurance efforts (assistance, targeting, monitoring, strategic
planning, and enforcement) under development pursuant to the AIM Act to facilitate the
next phasedown stages, for HFCs. This investment includes $85.0 thousand in payroll.
• (+$3,415.0) This program increase will build capacity for the inspection program, case
development and provide increased training to staff to conduct inspections and perform
other compliance monitoring activities at Headquarters and the Regions. This funding will
enhance EPA's compliance monitoring programmatic capabilities to enhance efforts to
address pollution in overburdened and vulnerable communities.
• (+$2,976.0) This program increase will allow EPA to investigate and identify releases of
PFAS to the air, land, and water by actively investigating under RCRA, TSCA, CWA,
SDWA, and CAA at the yet-unknown number of processing facilities and waste disposal
facilities where PFAS are suspected of contaminating various environmental media. In
addition, these funds will allow EPA to continue operation and development of the PFAS
Analytic Tools, a data integration platform currently used by EPA and states to analyze
national PFAS data sets.
• (+$2,000.0) This program increase will allow EPA to advance work on the Smart Tools
for Field Inspectors to increase the efficiency of inspections and help develop the tool for
some of the smaller programs that have more of a direct impact for communities with EJ
concerns such as the TSCA lead-based paint programs.
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); Act to Prevent Pollution from Ships (MARPOL
Annex VI); American Innovation and Manufacturing Act: Clean Air Act; Clean Water Act;
Emergency Planning and Community Right-to-Know Act; Federal Insecticide, Fungicide, and
Rodenticide Act; Marine Protection, Research, and Sanctuaries Act; Oil Pollution Act; Resource
Conservation and Recovery Act; Rivers and Harbors Act; Safe Drinking Water Act; Toxic
Substances Control Act.
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Enforcement
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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
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Leaking Underground Storage Tanks
$625
$620
$653
$33
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 overall goal of EPA's Civil Enforcement Program is to protect human health and the
environment by ensuring compliance with the Nation's environmental laws and regulations. The
Civil Enforcement Program works in partnership with its state, local, tribal, and territorial
regulatory partners to encourage compliance, compel regulated entities to correct and/or mitigate
violations, and to assess appropriate penalties for violations, including removing any economic
benefit that a violator gained from noncompliance.
The Civil Enforcement Program works closely with the U.S. Department of Justice, state and local
governments, tribal governments, territories, and other federal agencies to ensure consistent and
fair enforcement of all major environmental statutes and numerous regulations implementing each
of those statutes. Millions of regulated public, federal, and private entities are subject to one or
more of these statutory requirements. The Civil Enforcement Program develops, litigates, and
settles administrative and civil judicial cases against violators of environmental laws. In FY 2021,
because of EPA civil enforcement actions, approximately 285 million pounds of air, water, and
toxic pollutants were reduced, treated, or eliminated, and approximately 7.6 billion pounds of
hazardous and non-hazardous waste were treated, minimized, or properly disposed.224
EPA is responsible for direct implementation of programs that are not delegable or where a state
or tribe has not sought or obtained the authority to implement a program (or program component).
Examples of programs that are not delegable include the Clean Air Act (CAA) mobile source and
Ozone Depleting Substances programs; pesticide labeling and registration under the Federal
Insecticide, Fungicide, and Rodenticide Act; the new and existing chemicals program under the
Toxic Substances Control Act (TSCA); and enforcement in Indian Country (except where the
program has been delegated to the tribe). Many statutes have programs or regulations that states
have not obtained authority to implement, including the American Innovation and Manufacturing
224 For additional information on EPA's FY 2021 enforcement and compliance assurance program results, please see:
https://www.epa.gov/enforcement/enforcement-amiual-results-fiscal-year-2021.
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Act, as well as portions of the Resource Conservation and Recovery Act (RCRA), the Clean Water
Act (CWA), the Safe Drinking Water Act (SDWA), TSCA (lead-based paint program), and the
CAA (chemical accident prevention).
EPA works with authorized states and tribes to ensure a level playing field and assists states and
tribes in their implementation of delegated/authorized programs when needed, such as in cases
where the Agency maintains a unique expertise or capability. The Agency also carries out its
statutory oversight responsibilities to ensure states and tribes are meeting national compliance
monitoring standards and taking timely and appropriate actions to return facilities to compliance.
Our work to protect communities with environmental justice (EJ) concerns is a shared goal and
responsibility of EPA and our partner agencies.
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, the Agency requests an investment of 88 FTE and approximately $41.7 million to
expand civil enforcement efforts to address EJ issues (including protection of fenceline
communities); climate change concerns (including a reduction in the use of hydrofluorocarbons
(HFCs); and methane emissions from oil and gas facilities and landfills); per- and poly-fluoroalkyl
substances (PFAS); and coal combustion wastes. In addition, EPA will continue to focus efforts
toward areas where EPA's enforcement actions can have the most substantial impacts on human
health and the environment. EPA will continue to focus its resources on the six current national
compliance initiatives (seeking to improve air quality, provide for clean and safe water, and ensure
chemical safety);225 the enforcement of rules to prevent exposure to lead; and attention to emerging
contaminants, like PFAS.
In FY 2023, EPA proposes to increase protection of fenceline communities at risk from cumulative
impacts of large chemical manufacturing facilities, petrochemical operations, and refineries.
Through coordinated assessment of noncompliance in multiple statutory areas, EPA's Civil
Enforcement Program will plan inspections, case development, and enforcement actions to
integrate RCRA, CWA, SDWA, CAA (including 112r), TSCA and EPCRA to ensure
comprehensive compliance with environmental regulations, thereby reducing risk to human health
and the environment by decreasing the likelihood of excess emissions, releases, and discharges.
In FY 2023, EPA will continue to integrate EJ and climate (including HFCs) considerations
throughout all aspects of EPA's Civil Enforcement Program (e.g., private parties, public and
federal facilities) in headquarters and across EPA's 10 regional offices. This work will answer the
President's call to "strengthen enforcement of environmental violations with disproportionate
impact on underserved communities through the Office of Enforcement and Compliance
Assurance" (EO 14008, sec. 222(b)(i)), and to "combat the climate crisis with bold, progressive
225 For additional information, please see: https://www.epa.gov/enforcement/national-compliance-initiatives.
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action" (EO 14008, sec. 201).226 EPA will focus on strengthening enforcement and resolving
environmental noncompliance through remedies with tangible benefits for the impacted
community by preventing further pollution due to noncompliance; mitigating past impacts from
pollution; securing penalties to recapture economic benefit of noncompliance and deter future
violations; seeking early and innovative relief (e.g., fenceline monitoring and transparency tools);
and, incorporating Supplemental Environmental Projects (SEPs) in settlements, where appropriate
and to the extent permitted by law and policy.
In FY 2023, EPA will continue to incorporate EJ and climate change considerations into case
development while pursuing enforcement and compliance assurance work, including by increasing
climate and EJ-focused inspections and community outreach, considering climate and EJ factors
in case-selection (e.g., to emphasize areas where greenhouse gas emission can be reduced while
providing benefits in underserved communities, such as reducing air emissions from landfills), and
expanding inclusion of mitigation and resilience remedies in case resolutions. In addition, EPA
will ensure that the increasing number of rules addressing climate change and affecting
communities with EJ concerns, as well as permit-related provisions, are enforceable and
implementable. EPA also will expand databases to track climate and EJ enforcement activities,
enhance or create networks of staff focused on advancing the Administration's climate and EJ
goals, and develop and provide comprehensive and ongoing training on climate and EJ issues to
equip staff for future challenges. A particular area of EPA's climate change effort will be the work
of the Interagency HFC Task Force, which was established to ensure compliance with the
American Innovation and Manufacturing (AIM) Act. The task force will identify, intercept, and
interdict illegal HFC imports (potent greenhouse gases), share data to support allowances, train
customs officers and enforcement personnel, and address common HFC import experiences with
other countries. EPA will vigorously enforce its regulations to prevent and deter illegal importation
of HFCs. Additionally, EPA will continue its strong emphasis on identifying and resolving Clean
Air Act noncompliance in the oil and gas sector and requiring compliance with the Renewable
Fuel Standard regulations.
In FY 2023, EPA will utilize these resources to investigate and identify releases of PFAS to the
air, land, and water by actively investigating under RCRA, TSCA, CWA, SDWA, and CAA at the
yet-unknown number of processing facilities and waste disposal facilities where PFAS are
suspected of contaminating various environmental media. PFAS is an urgent public health and
environmental threat facing communities across the United States, with significant equity and EJ
implications. EPA will continue to investigate releases, address imminent and substantial
endangerment situations, and prevent exposure to PFAS, under multiple environmental statutes.
In FY 2023, new statutory and regulatory requirements will mean an increased need to evaluate
and address noncompliance with these rules. In addition, the Agency will continue to use some of
its funding to cover enforcement of the Coal Combustion Residuals (CCR) Rule. EPA's review of
publicly posted CCR Rule compliance information already suggests widespread noncompliance
with CCR regulations. In enforcing the CCR Rule, coal ash units would be made more resilient to
extreme weather events and contamination in communities near CCR units would be reduced.
226 For additional information on the Executive Order on Tackling the Climate Crisis at Home and Abroad, please see:
https://www.whitehouse.gov/briefiiig-room/presideiitial-actioiis/2021/01/27/executive-order-oii-tackliiig-the-climate-crisis-at-
home-and-abroad/.
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EPA expects that the six current national initiatives can have a significant impact on protecting the
health of communities with potential EJ concerns and addressing climate change.
• Creating Cleaner Air for Communities - focuses on noncompliance that results in excess
emissions of either volatile organic compounds or hazardous air pollutants, especially
where emissions may adversely affect an area's attainment of National Ambient Air
Quality Standards or may adversely affect vulnerable populations.
• Stopping Aftermarket Defeat Devices for Vehicles and Engines - focuses on stopping the
manufacture, sale, and installation of devices on vehicles and engines that defeat emissions
controls, which contribute excess pollution, harming public health and air quality.
• Reducing Hazardous Air Emissions from Hazardous Waste Facilities - focuses on
improving compliance with RCRA regulations that require the control of organic air
emissions from certain hazardous waste management units and activities.
• Reducing Risks of Accidental Releases at Industrial and Chemical Facilities - focuses on
decreasing the likelihood of chemical accidents, thereby reducing risk to communities.
• Reducing Significant Non-Compliance with National Pollutant Discharge Elimination
System (NPDES) Permits - focuses on improving compliance rates with NPDES permits
and ensuring the worst violations are timely and appropriately addressed.
• Reducing Non-Compliance with Drinking Water Standards at Community Water Systems
- focuses on ensuring safe and clean drinking water from regulated community drinking
water systems.
Performance Measure Targets:
(PM 434) Millions of pounds of pollutants and waste reduced, treated, or
eliminated through concluded enforcement actions.
FY 2022
Target
FY 2023
Target
325
325
(PM 436) Number of open civil judicial cases more than 2.5 years old
without a complaint filed.
FY 2022
Target
FY 2023
Target
99
96
(PM 446) Quarterly percentage of Clean Water Act National Pollutant
Discharge Elimination System (NPDES) permittees in significant
noncompliance with their permit limits.
FY 2022
Target
FY 2023
Target
10.1
10.1
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$6,907.0) 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.
• (+$24,696.0 / +49.0 FTE) This program change will support increased focus on EJ and
climate change by developing and implementing a comprehensive action plan for
integrating climate and EJ considerations throughout all aspects of EPA's Civil
Enforcement Program (e.g., private parties and federal facilities) in headquarters and across
EPA's 10 regional offices. This investment includes $8.7 million in payroll.
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• (+$7,005.0 / +28.0 FTE) This program increase will allow EPA to address noncompliance
with the CCR rule. Through enforcement, EPA will ensure that required corrective actions
are taken at facilities nationwide and pursue enforcement in a sector that has shown
widespread non-compliance. The Program will use these resources to enforce the
regulatory requirements at noncomplying facilities thereby addressing the risks posed by
CCR unlined impoundments and landfills, including risks to ecological and residential
receptors, notably drinking water sources and nearby communities. This investment
includes $5.0 million in payroll.
• (+$1,998.0 / +5.8 FTE) This program increase will allow EPA to expand the work of the
Interagency HFC Task Force, which is focused on ensuring compliance with the AIM Act.
The task force will identify, intercept, and interdict illegal HFC imports, share data to
support allowances, train customs officers and enforcement personnel, and address
common HFC import experiences with other countries. EPA also will need to implement
new HFC allowance modules and expand its ozone depleting substances (ODS) tracking
system to assess ongoing compliance. This investment includes $1.0 million in payroll.
• (+$646.0 / +3.0 FTE) This program increase will allow EPA to expand protection for
fenceline communities via increased monitoring, inspections, community outreach,
compliance assistance and enforcement to ensure facilities have measures in place to
prevent oil discharges and chemical accidents, including those that result from extreme
weather events (e.g., flooding). This investment includes $536.0 thousand in payroll.
• (+$418.0 / +2.2 FTE) This program increase will allow EPA to identify releases of PFAS
to the air, land, and water by actively investigating and pursuing civil enforcement to
address endangerments and prevent exposure under RCRA, TSCA, CWA, SDWA, and
CAA, at the yet-unknown number of processing facilities and waste disposal facilities
where PFAS are suspected of contaminating various environmental media. This investment
includes $393.0 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); Act to Prevent Pollution from Ships (MARPOL
Annex VI); American Innovation and Manufacturing Act; Clean Air Act; Clean Water Act;
Emergency Planning and Community Right-to-Know Act; Federal Insecticide, Fungicide, and
Rodenticide Act; Marine Protection, Research, and Sanctuaries Act; Oil Pollution Act; Resource
Conservation and Recovery Act; Safe Drinking Water Act; and Toxic Substances Control Act.
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Criminal 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
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$8,469
$7,647
$8,088
$441
Total Budget Authority
$58,057
$58,922
$69,499
$10,577
Total Workyears
238.6
257.7
291.0
33.3
Program Project Description:
EPA's Criminal Enforcement Program enforces the Nation's environmental laws through targeted
investigation of criminal conduct, committed by individual and corporate defendants, that
threatens public health and the environment. EPA's criminal enforcement agents (Special Agents)
investigate violations of environmental statutes and associated violations of Title 18 of the United
States Code such as fraud, conspiracy, false statements, and obstruction of justice.
The Criminal Enforcement Program specifically collaborates with other EPA offices, the
Environmental Justice (EJ) Program, and the U.S. Department of Justice (DO J) to ensure that our
enforcement and compliance assurance work addresses the impacts of illegal environmental
pollution activities on overburdened communities and to expand outreach opportunities through
those offices.
Criminal Enforcement Special Agents are assisted in the Criminal Enforcement Program by
forensic scientists, attorneys, technicians, engineers, and other experts. EPA's criminal
enforcement attorneys provide legal and policy support for all the Program's responsibilities,
including forensics and expert witness preparation, to ensure that program activities are carried
out in accordance with legal requirements and the policies of the Agency. These efforts support
environmental crime prosecutions primarily by the U.S. Attorneys and the DOJ's Environmental
Crimes Section. In FY 2021, the conviction rate for criminal defendants charged as a result of EPA
criminal enforcement investigations was 96 percent, with a total of twenty-eight years of
incarceration for defendants sentenced in criminal enforcement investigations.
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, the Agency requests an additional $10.1 million and 33.1 FTE to expand EPA's
capacity for criminal enforcement and work to support the criminal program, with an emphasis in
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several priority areas, including communities with EJ concerns and to combat climate change. This
FTE increase will assist the EPA in rebuilding its Criminal Enforcement Agent workforce,
working towards the goal of 200 Special Agents stipulated in the Pollution Prosecution Act of
1990.
In FY 2023, EPA will continue to focus on the most egregious cases (e.g., significant human
health, environmental, and deterrent impacts), while balancing its overall case load across all
environmental statutes. Program goals and priorities include the following:
• In FY 2023, EPA will continue to prioritize criminal enforcement resources for
investigations which involve vulnerable communities or those that have historically been
overburdened by pollution. This effort has been focused as a Criminal Enforcement
Program Initiative with an emphasis on addressing environmental crime and crime victims
in these areas. The Criminal Investigation Division (CID) works with partners at the DOJ
to jointly prosecute wrongdoing and reduce the impact pollution has on these areas through
investigation, judicial actions, and settlements while maintaining case initiation standards
and reducing the impact of pollution.
• In FY 2023, EPA's Environmental Crime Victim Witness Assistance Program will closely
align its implementation of the Criminal Victims' Rights Act and the Victims' Rights and
Restitution Act with EPA's EJ work. Activities will include data mining and mapping to
identify where communities with EJ concerns, crime victims, and public health impacts
overlap. This strategy will aid the Program in identifying sources of pollution impacting
these communities and to focus criminal enforcement resources on the Nation's most
overburdened, underserved, or vulnerable populations and, where appropriate, use of crime
victim program resources and emergency funds to assist individuals in such communities.
• In FY 2023, the Criminal Enforcement Program will continue implementing its
responsibilities as a part of the HFC (Hydrofluorocarbons) Enforcement Task Force,
working with OAR and the Department of Homeland Security to ensure U.S. compliance
with the American Innovation and Manufacturing (AIM) Act. The Task Force will continue
to identify, intercept, and interdict illegal HFC imports, share data to support allowances,
train customs officers and enforcement personnel, and address common HFC import
experiences with other countries. EPA will need to continue standing up its new
enforcement and compliance regime. EPA would leverage our experience working with
Customs and Border Protection (CBP), DOJ and other federal partners to successfully
enforce federal laws related to HFCs. Critically important to success in this media, are
dedicated analysts in the Criminal Enforcement Program to research, assess and coordinate
with federal partners, private industry, and task force members.
• In addition, in FY 2023 the Criminal Enforcement Program will continue to work with
Interpol and other federal partners to combat climate change through domestic and
international law enforcement collaboration. This work will include formalized
information sharing related to preventing illegal importation of prohibited products that
contribute to global climate instability and capacity building with other countries.
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• In FY 2023, the Criminal Enforcement Program also will increase its collaboration and
coordination with the Civil Enforcement Program to ensure that EPA's Enforcement
Program identifies the most egregious cases and responds to them effectively and
efficiently, to ensure compliance and defer future conduct. The Agency will continue to
investigate violations of environmental statutes and associated violations of Title 18 of the
United States Code to protect public health and the environment.
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):
• (+$2,536.0) 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.
• (+$7,120.0 / +32.0 FTE) This program increase supports expanding EPA's capacity for
criminal enforcement, the expansion of the enforcement in communities with EJ concerns,
enforcement of climate-related regulations, and increased polluter accountability. This
investment includes $6.91 million in payroll.
• (+$480.0 / +1.1 FTE) This program increase will ensure EPA has the capacity and technical
expertise to investigate, analyze, sample, test, and transport HFCs. The increase in FTE
will allow analysts to research, assess, and coordinate with federal partners, private
industry, and task force members. This investment includes $237.0 thousand in payroll.
Statutory Authority:
Title 18 of the U.S.C.; 18 U.S.C. § 3063; 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);
Resource Conservation and Recovery Act; Clean Water Act; Safe Drinking Water Act; Clean Air
Act; Toxic Substances Control Act; Emergency Planning and Community Right-To-Know Act;
Federal Insecticide, Fungicide, and Rodenticide Act; Ocean Dumping Act; Rivers and Harbors
Act; Pollution Prosecution Act of 1990; American Innovation and Manufacturing Act.
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NEPA Implementation
Program Area: Enforcement
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(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
$15,809
$16,943
$19,883
$2,940
Total Workyears
96.4
89.9
90.9
1.0
Program Project Description:
EPA's National Environmental Policy Act (NEPA) Implementation Program implements the
environmental requirements of NEPA and Section 309 of the Clean Air Act (CAA) to review other
federal agency environmental impact statements (EIS) and other federal agencies' NEPA
regulations. In addition, EPA's NEPA Implementation Program manages e-NEPA, a web-based
application that serves as the official EIS filing system and clearinghouse for all federal EISs on
behalf of the Council on Environmental Quality (CEQ) in accordance with a Memorandum of
Understanding (MOU) with CEQ.227 The Program also oversees EPA's actions subject to NEPA
(40 CFR Part 6) and reviews of EISs for non-governmental activities in Antarctica (40 CFR Part
8). Under the CAA §309 Program, EPA's focus on early engagement with other federal agencies
is consistent with NEPA planning principles and improves identification of potential issues and
solutions early in the planning process to reduce impacts and improve environmental outcomes.
EPA also assists agencies in the analyses of potential impacts related to climate change, including
impacts from greenhouse gas (GHG) emissions, and potential impacts to communities with
environmental justice (EJ) concerns.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Detect Violations and Promote
Compliance in the FY 2022 - 2026 EPA Strategic Plan.
EPA is pursuing a multi-year process of reconstructing the NEPA Program to both build basic
capacities and inject significantly more robust considerations of climate change mitigation and
adaptation, as well as EJ, across the Agency's NEPA practitioner community and into the reviews
of every qualifying federal action and federal EIS. Contract support for non-inherently
governmental functions coupled with review process efficiencies will assist in meeting current
requirements to analyze and identify potential impacts of planned actions across the Federal
government. Accordingly, this increase in FY 2023 resources will assist the Agency in fulfilling
227 Memorandum of Agreement No. 1 Between the Council on Environmental Quality and the Environmental Protection Agency,
October 1977.
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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),228 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 Chains229 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;230 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.
228 For additional information, please refer to: https://www.congress.gov/1.1.7/bills/hrl 31.9/BILLS-1.1.7hrl 31.9enr.pdf.
229 For additional information, please refer to: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/02/24/executive-order-on-americas-supply-chaiiis/.
230 For additional information, please refer to: https://www.epa.gov/nepa/iiatioiial-enviroiimental-policy-act-policies-and-guidance.
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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
Unvirinimcnltil Programs X Maiuigcmcnl
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$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, 2021.231 In addition, this work supports implementation of Executive Order (EO) 13985
Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government,232 and EO 14008 Tackling the Climate Crisis at Home and Abroad.2^ 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.234
231 For additional information, please refer to: https://www.epa.gov/sites/default/files/2021-04/documents/regan-
messageoncommitmenttoenvironmentaljustice-april072021.pdf.
232 For additional information, please refer to: https://www.federalregister.gov/documents/2Q21/Ql/25/2Q21-01753/advancing-
racial-equity-and-support-for-underserved-communities-through-the-federal-govemment.
233 For additional information, please refer to: https://www.federalregister.gov/documents/2021/Q2/Ql/2Q21-Q2177/tackling-the-
climate-crisis-at-home-aiid-abroad.
234 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 's performance 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.235 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 2023.236 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.
E J 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;
235 For additional information, please refer to: https://www.epa.gov/enviromiientaliustice/enviromiiental-iustice-tribes-and-
indigenous-peoples.
236 For additional information, please refer to: https://www.epa.gov/environmentaliustice/community-outreach-and-engagement.
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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 14008.237 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
237 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 to
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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S
SS-J00
N W.50S
SJMtt
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,238 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.239
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.240 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.241 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.
238 The Chesapeake Bay Watershed Agreement (2014) available at:
http://www.chesapeakefoay.iiet/documCTts/FI ss Bay Watershed Agreement..withsignatures-HIres.pdf.
239 For additional information on the progress being achieved, visit: https://www.epa.gov/restoration-chesapeake-bay.
240 The federal milestones related to water quality in the Chesapeake Bay watershed are available at
http://executiveorder.chesapeakebay.net/EO 1.3508 Water Quality Milestones-2012-01-06.pdf. The jurisdictional milestones
are available at: https://www.epa.gov/chesapeake-bay-tmdl/chesapeake-bay-milestones.
241 The Chesapeake Bay TMDL, available at: http://www.epa.gov/chesapeake-bay-tmdl/.
268
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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.242
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
242 For more information, please see https://www.chesapeakeprogress.com/clean-water/watershed-implementation-plans.
269
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in Support of Diversity, Equity, Inclusion and Justice.2^ 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: 1) in 2025, predicting the impact of 2035 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.
243 For more information, please see https://www.chesapeakebav.net/channel files/40996/deii statement final all signatures.pdf
270
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S5JJ5
S 211,1)1)1)
N 22.52-1
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.244
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.245 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.
244 For more information please see: https://www.census.gov/content/dam/Census/librarv/visualizations/2019/demo/coastliiie-
america-print.pdf.
245 For more information please see: https://www.epa.gov/gulfofmexico/2021-gulf-mexico-division-annual-report.
Ill
-------
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
272
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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.
273
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S N.VVfi
S 15,1)1)1)
N 211.1)1)1)
S 5.1)1)1)
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.246
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.
246 For additional information see: https://www.epa.gov/tmdl/lake-champlain-phosphorus-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 Report247 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.
247 For more information please visit: https://www.epa.gov/greatlakes/great-lakes-and-1ake-champlaiii-iiivasive-species-program-
report.
275
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
SM.400
N -10,002
SV.U02
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
248
every year.
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.
248 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,
VVA.
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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)249 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.
249 For more information please visit: https://longislandsoundstudy.net/2015/09/2015-comprehensive-conservation-and-
management-plan/.
278
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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.
279
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
SHI.-/(HI
SI I. JIM
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 Basin250
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
250 For more information please visit:
https://www.law. comell.edu/defuiitions/uscode.php?width=840&height=800&iframe=true&def _id=33-USC-63955993-
1.352769591.&term 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 Plan251 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
251 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.252 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.
252 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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
SlJfi'J
S 6.000
S -.202
S 1.2 02
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.253'2 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.
253
For more information please see: http://www.epa.gov/aboutepa/about-epa-region-4-southeast.
9
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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
Sfi.'is
SN.V22
SI 2.00-1
SJ.0S2
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).254
• 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 Hay ward 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 accel erated 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
254Please 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,255 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.
255 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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S.-o. 'SO
SJS.OJO
S 1.20/1
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.256 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
256 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.257 The Program will fund over $15 million in shellfish, habitat and
storm water 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.
257 For more information please visit: https://snohomishcountywa.gov/DocumentCenter/View/87563/FY21-EPA-Funding-
Guidance-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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
s.wojsn
S3.10.000
S3-ID.ni
SlO.lll
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 20 1 0258, including:
• Five Areas of Concerns (AOCs) delisted, including the Ashtabula River AOC in FY
2021259;
• 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;
258 For more information, please see https://www.epa.gov/greatlakes.
259 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,260 EPA and its partner agencies collaboratively identify
projects 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
260 For more information please see https://www.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,261 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. F ederal agenci es 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,
261 For more information please visit: fattps://www. epa. gov/glwqa/glwqa-annexes.
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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(.
I V 2017
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
303
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
Sj.SVj
NV./V5
S 4.(>50
Total Budget Authority
$3,893
$4,145
$4,650
$505
Total Workyears
11.7
13.3
14.3
1.0
Program Project Description:
There has been an evolution of the term and mission of national and homeland security since 9/11.
National security is now widely understood to include non-military dimensions, such as climate
and environmental security, economic security, energy security, and cybersecurity. Systematic
preparation is essential for the threats that pose the greatest risk to the security of the Nation,
including acts of terrorism, climate change, pandemics, catastrophic natural disasters, and cyber-
attacks. The White House, Congress, and the Department of Homeland Security (DHS) have
defined responsibilities for EPA in several areas, including water critical infrastructure protection
and response to chemical, biological, radiological, and nuclear events, through a series of statutes,
presidential directives, and national plans. EPA's Homeland Security: Communication and
Information Program is comprised of the Office of Homeland Security (OHS), which supports the
Agency's coordination and communication activities related to national security and homeland
security and the Agency's Enterprise Security Operations Center (SOC), which is responsible for
the centralized, integrated, and coordinated cybersecurity prevention, detection, response, and
supporting recovery capability for EPA networks.
OHS provides technical, policy, and intelligence advice to senior agency leadership related to
national and homeland security. OHS coordinates the Agency's intelligence activities including
EPA's engagement with the White House, National Security Council (NSC), and other federal
departments and agencies on the development of new national and homeland security policy and
requirements. OHS also ensures that the NSC and other lead federal entities understand the impacts
of new national security initiatives and policies on existing EPA programs. OHS maintains
intelligence operations and analyses capabilities focusing on EPA's equities, including the
protection of critical infrastructure, specifically the water sector, climate change and security
issues, and biodefense and global health security issues. OHS serves as the Federal Intelligence
Coordinating Office (FICO) for EPA and coordinates with the Intelligence Community (IC) in
support of policy development and consequence management efforts. OHS also focuses on
coordination and integration of chemical, biological, and radiological preparedness and response
programs as they relate to the protection of air and water quality and the prevention of land
contamination through external engagement with federal departments and agencies and internal
coordination with EPA program offices with homeland security responsibilities. OHS coordinates
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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)262 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.
262 Please see the following for more information: https://www.dhs.gov/sites/default/files/publicatioiis/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,
306
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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,2631 "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 CISA'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
263 For additional information, please see: https://www.whitehouse.gov/briefuig-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 Information264 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 Cybersecurity265 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.
264 For more information, please see: https://obamawhitehouse.archives.gov/the-press-office/2011/10/07/executive-order-13587-
structural-reforms-improve-security-classified-net.
265 For more information, please see: https://www.whitehouse.gov/briefiiig-room/presidential-actioiis/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-22-01.266
• Mature the security logging capabilities as outlined in OMB Memorandum M-21-31,267
"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-22-09,268 "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) 20-01,269 "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.
in por additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2Q21/10/M-22-
01. .pdf?ref=hackemoon.com
267 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
268 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2022/01/M-22-09.pdf
269 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.
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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
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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 FY 2022 - 2026 EPA Strategic Plan. The Program also will
support the Agency's Infrastructure Investment and Jobs Act implementation priorities including
preparing for and responding to cybersecurity challenges so that water systems are more resilient.
In FY 2023, EPA will build the capacity at water systems to identify and respond to threats to
critical national water infrastructure by:
• Providing timely information on contaminant properties, water treatment effectiveness,
detection technologies, analytical protocols, and laboratory capabilities;
• Supporting effective communication conduits to disseminate threat and incident
information and to serve as a clearinghouse for sensitive information;
• Promoting information sharing between the water sector and environmental professionals,
scientists, emergency services personnel, law enforcement, public health agencies, the
intelligence community, and technical assistance providers. Through this exchange, water
systems can obtain up-to-date information on current technologies in water security,
accurately assess their vulnerabilities to terror acts, and work cooperatively with public
health officials, first responders, and law enforcement officials to respond effectively in
the event of an emergency;
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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
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FY 2022 Annualized
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$500
$501
$501
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Building and Facilities
$7,006
$6,676
$6,676
$0
Hazardous Substance Superfiind
$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).270 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
270 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
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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.271 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.
271 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
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$1,645
$1,735
$2,224
$489
Hazardous Substance Superfiind
$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.
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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
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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 Guidance272 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.
272 For additional information, please see: https://www.epa.gov/sites/production/files/2017-
01/documents/epa pag_manual_final_revisions_01.-1.1.-201.7 cover_disclaimer_8.pdf.
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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
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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.273 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.
273 https:/Avww. epa. gov/iaq
323
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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.
324
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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
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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,274 Executive Order (EO) 13045 Protection
of Children's Health from Environmental Health Risks and Safety Risks,275 statutory authorities
addressing children's environmental health, and other existing guidance.276
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;277 awarded two grants to provide
technical assistance to support the improvement of school facilities278 and announced a new grant
opportunity279 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)280 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.
274 For more information, please see: https://www.epa.gov/children/epas-policy-childrens-health.
275 For more information, please see: https://www.govinfo.gov/content/pkg/FR-1997-04-23/pdf/97-10695.pdf.
276 For more information, please see: https://www.epa.gov/children/rules-and-regulations-impact-childrens-health.
277 For more information, please see: https://www.pehsu.net/.
278 For more information, please see: https://www.epa.gov/newsreleases/epa-announces-selection-organizations-receive-funding-
healthy-leaming-environments.
279 For more information, please see: https://www.epa.gov/newsreleases/epa-aniiounces-request-applications-childrens-healthv-
leaming-environments-low-income.
280 For more information, please see: https://www.epa.gov/children/childrens-health-protection-advisory-committee-chpac.
327
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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 Health2%l 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 FY2022 - 2026EPA 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.
281 For additional information, please see: https://www.epa.gov/system/files/documents/2021-10/2021-policy-on-childrens-
health.pdf.
328
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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
329
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Liability Act (CERCLA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); and Food
Quality Protection Act (FQPA).
330
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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)
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
$3,311
$8,580
$8,668
$88
Total Workyears
10.1
9.2
9.2
0.0
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."282 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
282 For more information, please see: https://www.epa.gov/sites/production/fLles/documents/neea.pdf.
331
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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.
332
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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).
333
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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
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
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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)283 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 FY2022 - 2026EPA 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
283 For more information on the Central Data Exchange, please see: https://cdx.epa.gov/.
334
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supports business process change agencywide. Under this strategy and the 21st Century Integrated
Digital Experience Act,284 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.285
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
284 For more information on the 21st Century Integrated Digital Experience Act, please refer to:
https://wvyw.congress.gov/115/plaws/publ336/PLAW-l 15publ336.pdf.
285 For more information, please see: https://ofmpub.epa.gov/sor_jiiteniet/registiy/sysofreg/about/about.jsp.
335
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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
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
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Total Budget Authority
$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 FY2022 - 2026EPA 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, OP A 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)286 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 public—especially 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
286 Pediatric Environmental Health Specialty Units (https://www.pehsu.iiet/) 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.
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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
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S/.— X
S2.ISJ
S-W5
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),287 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.288 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),289 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
287 For more information, please see: https://www.epa.gov/resources-small-busiiiesses/asbestos-small-busiiiess-
ombudsman.
288 For more information, please see: https://www.epa.g0v/aboutepa/about-ofFice-policy-op#ORPM.
289 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 (SB A) Office of the
National Ombudsman Annual Reports to Congress.290
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.
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.291 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
290 For more information, please see: https://www.sba.gov/sites/default/files/2021-01/SBA Annual Report 2019-508.pdf
291 For more information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-
order-oii-tackling-the-climate-crisis-at-home-and-abroad/
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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 5,292 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 website293 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.
292 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-government/
293 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.
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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
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N
SI.O.W
S l.v.ts
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).294
294 For more information, please see: https://www.sba.gov/sites/default/files/2021-07/EPA-508.pdf.
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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 FY2022 - 2026EPA 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)
13985,295 and the subsequent Biden-Harris Administration Fact Sheet296 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
295 For more information please see: https://www.federatregister.gov/documents/2021/01/25/2021-01753/advancing-racial-
equity-and-support-for-underserved-communities-through-the-federal-govemment.
296 For more information please see: https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/01/fact-sheet-biden-
harris-administration-announces-new-actions-to-build-black-wealth-and-narrow-the-racial-wealth-gap/.
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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
349
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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
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$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.297
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.298
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.
297 For additional information, please refer to: https://www.epa.gov/rmp.
298 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.299 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.
299 Located in the EPA RMP database.
352
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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,300 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 (C AA)
§ 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
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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) Program301 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).302 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
301 For additional information, please visit: http://www.epa.gov/tri/.
302 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.
354
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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),303 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).304 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,305 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
303 To access the CDX, please visit: fa tips: //cdx. epa. gov/.
304 For additional information, please visit: https://www.epa.gov/toxics-release-iiiveiitory-tri-program/tri-data-exchaiige.
305 To access the TRI National Analysis, please visit: https://www.epa.gov/trinationalanalysis. EPA publishes each National Analysis
approximately six months after that year's data are reported.
355
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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.306 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.307 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.
306 EnviroFacts may be accessed at: https://enviro.epa.gov/.
307 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.
356
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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 EJScreen). 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
data308 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.309
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.
3°8 por additional information, please visit: fattps//www. epa. gov/tri/p2.
309 To access the P2 EJ Facility Mapping Tool, please visit https://www.epa.gov/p2/p2-q-facility-mapping-tool.
357
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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
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
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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,310 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 agency wide 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.
310 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.
358
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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,311 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
andManagement of General Assistance Agreements for Tribes and Intertribal Consortia312 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
311 Please refer to: https://www.epa.gov/tribal/forms/consultation-and-coordination-tribes.
312 Please refer to https://www.epa.gov/tribal/2013-guidance-award-and-management-general-assistance-agreements-tribes-and-
intertribal for further information.
359
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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).
360
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International Programs
361
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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
FY 2023 President's
Budget v.
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,313 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.
313 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 loss314 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,315 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 releases316 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.
314 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.ch/site/assets/uploads/sites/4/2021/02/08 Chapter-S 3.pdf.
315 For more information, please see: https://www.epa.gov/intemational-cooperation/miiiaiiiata-convention-mercurv
and www.mercuryconvention.org.
316 For more information, please see: Global mercury assessment 1IXNEP - 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.
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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
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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
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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.
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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
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Budget v.
FY 2022 Annualized
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$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.317 In
addition, over 430 thousand of the 14 million people in the region live in 1,200 colonias,318 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 work319, 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
317 For additional information, please see:
http://www.mOT.ora/drapal/sites/default/files/uniii the usjiiexico border_region_at_a glance.pdf
318 For additional information, please see: https://www.dattasfM.0rg/~/111edia/docu111ents/cd/pubs/tascoto11ias.pdf"
319 For additional information, please see: https://www.epa.gov/sites/default/files/2021-
05/docuiiients/finat b2020_acc report_may_24_2021.pdf.
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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.
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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.
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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
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Hazardous Substance Superfiind
$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™
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
320 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/.
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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)321 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.322
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.323 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,324 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,325 EPA will continue to review and improve controls across several
321 Including those found in Federal Information Security Modernization Act of 2014 and Federal Information Security
Cybersecurity Act of 2015.
322 For more information, please see https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-05-FY22-FISMA-
Guidance.pdf.
323 For more information, please see: https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final.
324 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/08/M-21-30.pdf.
325 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2022/Ql/M-22-Q9.pdf.
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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).326 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,327 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
326 For more information, please see: https://www.whitehouse.gov/wp-contentAiploads/2019/09/M-19-26.pdf.
327 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_201.71.030-1.8-P-0031. .pdf.
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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,328 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™ 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.
328 For more 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.
329 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/10/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) findings330 and NIST 800-53 Rev 5 Security and Privacy Controls for Information Systems
and Organization,331 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
330 Government Accountability Office Report on information and communications technology (ICT) Supply Chain: GAO-21-
164SU.
331 For more information, please see: https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/fiiial.
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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).
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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
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Science & Technology
$2,782
$3,072
$3,195
$123
Hazardous Substance Superfiind
$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 Records332 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 ,333
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
2021,334 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 modern 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.
332 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploads/201.9/08/M-1.9-21.-new-2 .pdf.
333 For more information, please refer to Executive Order: https://www.federalregister.gOv/documents/2010/l 1/09/2010-
28360/coiitrolled-uiiclassified-inforiiiatioii.
334 For additional information, please refer to: https://fitara.meritalk.com/.
381
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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
382
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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.
383
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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
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
$3,768
$4,975
$5,882
$907
Total Workyears
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.
385
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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 FY2022 - 2026EPA 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
386
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access to justice, including for tribal nations and parties impacted by environmental justice related
concerns.335
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).
335 For additional information on the Administration's priority on "Tackling the Climate Crisis at Home and Abroad," please see:
https://www.whitehouse.gov/briefiiig-room/presideiitial-actioiis/2021/01/27/executive-order-oii-tackliiig-the-climate-crisis-at-
home-and-abroad/.
387
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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
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
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Hazardous Substance Superfiind
$632
$832
$868
$36
Total Budget Authority
$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 Government336
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.
336 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-government/.
388
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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
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
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Total Budget Authority
$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) 14035.337
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-715338 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.
337 For more information, please see: https://www.federalregister.gov/documents/2021/06/30/2021-14127/diversity-equitv-
inclusion-and-accessibility-in-the-federal-workforce.
338 For more information, please see: https://www.epa.gov/sites/default/files/2021-05/documents/md-
71.5 repoit JV20 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
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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 maj or infrastructure proj ects, 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
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Hazardous Substance Superfiind
$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 FY2022 - 2026EPA 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 FY 2022-
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 FY2022-2026 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 Crisis339 (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.
339 For more information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/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
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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 agency wide 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
agency wide 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
Budget
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$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).340
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 (IDA) (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 2021341 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.
340 For additional information, please see: https://www.whitehouse.gov/briefuig-room/presidential-actions/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
341 For additional information, please refer to: https://www.congress.gov/1.1.7/bills/hrl 31.9/BILLS-1.1.7hrl 31.9enr.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
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$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.342
342For more information please see: https://www.epa.gov/sciencenratters/epa-deploys-mobile-labs-work-texas-restore-drinkiiig-
water-systems.
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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 FY2022-2026EPA 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.343
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
343 For mor information please see: https://www.epa.gov/browfields/brownfLelds-program-enviroiimental-and-economic-
benefits.
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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)
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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
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Budget v.
FY 2022 Annualized
CR
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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 Re view}A4 and EO 13985 Advancing Racial Equity and
Support for Ihiderserved Communities Through the Federal Government345 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,346 the
Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness
Act),347 and EOs 12866, Regulatory Planning and Review348 and 13563, Improving Regulation
and Regulatory Review349 regarding the Office of Management and Budget (OMB) regulatory
344 For more information on the Memorandum Modernizing Regulatory Review, please see:
https://www.whitehouse.gov/briefiiig-rooiii/presidential-actions/2021/01/20/modemiziiig-regulatory-review/.
345 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.
346 For more information on the Congressional Review Act, please see Subtitle E: https://www.govinfo.gov/content/pkg/PLAW-
1.04publ 1.21. /pdf/PLAW-1.04publ 1.21. .pdf.
347 For more information on the Regulatory Flexibility act, please see: https://www.govinFo.gov/content/pkg/STATUTE-
94/pdf/STATUTE-94-Pg 1.1.64 .pdf. and as amended by the Small Business Regulatory Enforcement and Fairness Act, please see:
https://www. go vinfo. go v/content/pkg/PL A W -1.04publ 1.21. /pdf/PLAW -1.04publ 1.21. .pdf.
348 For more information on EO 12866 Regulatory Planning and Review, please see https://www.archives.gov/files/federal-
register/executive-orders/pdf/1.2 866 .pdf.
349 For more information on EO 13563 Improving Regulation and Regulatory Review, please see:
https://obamawhitehouse.archives.gov/the-press-ofFice/201 l/01/18/executive-order-13563-improving-regulation-and-regulatory-
review.
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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 maj or elements of the Foundations
for Evidence Based Policy Act.350
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
350 For more information, please see: https://www.c0ngress.g0v/l 15/plaws/publ435/PLAW-l15publ435.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 Review351 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.352
• 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.
351 For more information, please see: https://www.whitehouse.gov/briefuig-room/presidential-actions/2021/01/20/modemizing-
regulatory-review/.
352 For more information, please see: https://www.epa.gov/environmental-economics/guidelines-preparing-economic-analyses.
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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.353
• 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
353 For more information on the Congressional Review Act, please see: fattps://www.go vinfo.go v/content/pkg/PL A W-
1.04publ 1.21. /pdf/PLAW-1.04publ 1.21. .pdf.
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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).
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S.1.-/22
S .1.205
S.1.VM
S ~ '()
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.354
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.
354 For more information, please see: littp://www.epa.gov/sab/ and http://www.epa.gov/castK/,
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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 FY2022 - 2026EPA 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, SABSO
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, SABSO 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, 2021,355 in addition to supporting implementation of
Executive Order (EO) 13985,356 Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government, and EO 14008, Tackling the Climate Crisis at
Home and Abroad.^51 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.
355 For more information, please see: https://www.epa.gov/newsreleases/epa-admiiiistrator-regan-amiouaces-new-initiatives-
support-environmental-iustice-and.
356 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/.
357 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 and EJ 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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S
SI 2.2-1-
S-in.oi -
S
Leaking Underground Storage Tanks
$245
$132
$132
$0
Hazardous Substance Superfiind
$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 FY2022 - 2026EPA 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,358 while furthering Category Management implementation requirements. EPA
358 For additional information, please refer to: https://www.whitehouse.gov/briefiiig-room/presidential-
actioiis/2021./01./25/executiYe-order-oii-ensuiliig-the-future-is-iiiade-iii-all-of-aiiierica-bv-all-of-aiiiericas-woi'k.ers/.
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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,359
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.
359 For additional information, please see: https://www.whitehouse.gov/wp-contentAiploads/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.360 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
360 OMB-19-16 "Centralized Mission Support Capabilities for the Federal Government, for more information, please refer to:
https://www.whitehouse. gov/wp-content/uploads/201.9/04/M-1.9-1.6.pdf.
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Information Technology Acquisition Reform Act (FITARA)361 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).
361 For additional information, please refer to: https://www.c0ngress.g0v/l 13/plaws/publ291/PLAW-
1.1. 3publ29 1. ,pdf#page= 1.48%SI).
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S i_\S'
N.NIV./.v/
S I2.-I.ift
Leaking Underground Storage Tanks
$343
$416
$448
$32
Hazardous Waste Electronic Manifest System Fund
$154
$0
$0
$0
Hazardous Substance Superfiind
$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;362 the Digital Accountability and Transparency (DATA)
Act of 2014;363 the Federal Information Technology Acquisition Reform Act (FITARA) of
2015;364 the Federal Management Financial Integrity Act (FMFIA);365 the Inspector General Act
of 1978, as Amended;366 and the Foundations for Evidence-Based Policymaking Act of 2018.367
362 For more information, please see: https://www.c0ngress.g0v/l 1.l/plaws/publ352/PLAW-l1. Ipubl352.pdf.
363 For more information, please see: https: //www.congress, gov/1.1.3/plaws/publ 1.01. /FLAW-1.1.3publ 1.01. .pdf.
364 FITARA became law as a part of the National Defense Authorization Act for Fiscal Year 2015 (Title VIII, Subtitle D),
https://www.congress.gov/113/plaws/publ291/PLAW-l 13pufat291.pdf.
365 For more information, please see: https
//www.govinfo.gov/content/pkg/STATUTE-96/pdf/STATUTE-96-]
5g814.pdf.
366 For more information, please see: https
//www,govinfb,gov/content/pkg/5TATLITE-92/pdf75TATLITE-92-I
'gl 101, pdf.
367 For more information, please see: https
//www, congress, gov/1 lS/plaws/publ43S/PLAW-l 15publ435.pdf.
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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 FY2022 - 2026EPA 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),368 and OMB Memorandum M-21-19 Appendix
C,369 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
368 For more information, please see: https://www.congress.gOv/l 16/plaws/publl 17/PLAW-l 16publl 17.pdf.
369 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.370 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
370 For more information, please see: http://www.epa.gov/open/fitara-implementation-plan-and-chief-iiifoniiation-ofFLcer-
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
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$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 Superfiind
$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 FY2022 - 2026EPA Strategic Plan.
In FY 2023, the Agency requests an investment of more than $2.8 million and 9.0 FTE to support
agencywide 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 4465,371 the Federal Assets Sale
371 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
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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 FY2022 - 2026EPA 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
436
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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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$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 FY2022 - 2026EPA 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,
439
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Inclusion, and Accessibility in the Federal Workforce,372 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
372 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-iii-the-federal-workforce/.
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Environment,373 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,314 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
373 For additional information, please see: https://www.whitehouse.gov/wp-contentAiploads/2021/06/M-21-25.pdf.
374 For additional information, please see: https://www.whitehouse.gov/briefuig-rooni/presidential-actions/2021/01/22/executive-
order-protecting-the-federal-workforce/.
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Policymaking,375 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.
375 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).
443
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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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,376 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.
376 For additional information, please visit: https://www.epa.gov/sap/fifra-scieiitific-advisory-paiiel-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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Science & Technology
$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)377 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),378 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.379 EPA must periodically review the registration and
tolerances that the Agency issues to ensure that public health is adequately protected.
377 For additional information on FIFRA, please visit: https://www.epa.gov/laws-regulations/summary-federal-insecticide-
fungicide-and-rodenticide-act.
378 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.
379 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.
448
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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.380 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.
38° 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).381 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 Under served 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 Action382 and its companion
Technical Guidance for Assessing Environmental Justice in Regulatory Analysis,383 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
381For 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/safepestcontrol/integrated-pest-
management-ipm-principles#for more-information.
382 For more information, please see: https://www.epa.gov/environmentaljustice/guidance-considering-environmental-iustice-
during-development-action.
383 For more information, please see: https://www.epa.gov/environmentaljustice/technical-guidance-assessing-environmental-
iustice-regulatory-analysis.
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of the Agricultural Worker Protection Standard (WPS)384 and the Certification of Pesticide
Applicators (CPA)385 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.386 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 20 1 6.387 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.
384 For more information, please see: https://www.epa.gov/pesticide-worker-safety/agricultural-worker-protection-standard-wps.
385 For additional information, please visit: https://www.epa.gov/pesticide-worker-safety/revised-certification-standards-
pesticide-applicators.
386 Please see FIFRA section 3(h)(3), 7 U.S.C. 136a(h)(3).
387 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 Center388 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 needs389 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 Century—which
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
388 por additional information, please visit: littp://npic.orst. edit/.
389 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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
SM,. ~N
S3VJ-I3
V)..w
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.390 In addition to FIFRA responsibilities, the Agency has distinct
obligations under the Endangered Species Act (ESA),391 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 assessments392 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.393 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
390 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.
391 For additional information, please visit: littps://www.epa. gov/endangered-sped es.
392 For additional information, please visit: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/factsheet-
ecological-risk-assessment-pesticides.
393 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,394 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.395
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).396'397 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
394 For additional information, please visit: littps://www.epa. gov/sap.
395 Under FIFRA, it is illegal to use a registered pesticide in a manner inconsistent with the label instructions and precautions.
396 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-assessiiig-pesticide-risks/overview-risk-assessment-pesticide-
program.
397 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 proj ects (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.398 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 Program399 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
398 For additional information, please visit: https://www.epa.gov/safepestcontrol/iiitegrated-pest-iiiaiiagement-ipm-priiiciples.
399 For additional information, please visit: https://www.epa.gov/pesticide-worker-safety/pesticide-safety-education-programs-Q.
456
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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 products—many 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.400 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.401 Where risks are identified in a biological evaluation, EPA also will work
with the Services in a consultation402 process to ensure these new or existing pesticide registrations
also meet the ESA standard.403 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
400 For additional information, please visit: https://www.epa.gov/newsreleases/epa-amiounces-endangered-species-act-protection-
policv-new-pesticides.
401 For additional information, please visit: https://www.epa.gov/endangered-species/reports-congress-improving-consultation-
process-under-endangered-species-act.
402 For additional information, please visit: https://www.epa.gov/endangered-species/assessing-pesticides-under-endangered-
species-act.
403 Additional information on how EPA protects endangered species from pesticides can be found at:
https://www.epa.gov/endangered-species.
457
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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).404
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.405
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.406
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
404 For additional information, please visit: https://www.epa.gov/endangered-sfpecies/bulletiiis-live-two-blt-tutorial.
405 Additional actions EPA is taking to protect pollinators from pesticides can be found at: https://www.epa.gov/pollinator-
protection.
406 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-bencliiiiarks-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
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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Science & Technology
$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):407
• 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.408
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
407 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.
408 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.409 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.
409 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
FY 2023 President's
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),410 and the total area covered by these
corrective action sites is approximately 18 million acres.411
EPA works in close partnership with 44 states and one territory authorized to implement the
Corrective Action Program412 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.
410 U.S. EPA, Office of Land and Emergency Management 2021. Data collected includes: (l)RCRA CA site information as of the
end of FY2020; and (2) population data from the 2015-2019 American Community Survey.
411 Compiled RCRAInfo data.
412 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.413 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 issues414 or special tasks.
• Continue to improve cleanup approaches and share best practices and cleanup
innovations415 to speed up and improve cleanups.
413 For more information, please refer to: https://www.epa.gov/hw/lists-facilities-resource-conservation-and-recovery-act-rcra-
2020-corrective-action-baseline.
414 For example, vapor intrusion, wetlands contamination, or extensive groundwater issues.
415 For more information, please refer to: https://www.epa.gov/hw/toolbox-corrective-action-resource-conservation-and-recoverv-
act-facilities-investigation-remedv.
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
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Hazardous Waste Electronic Manifest System Fund
$21,498
$0
$0
$0
Total Budget Authority
$81,267
$70,465
$79,743
$9,278
Total Workyears
286.5
296.8
324.8
28.0
Total workyears in FY 2023 include 11.0 FTE funded by e-Manifest fees.
Program Project Description:
The Resource Conservation and Recovery Act (RCRA) established EPA's role as a federal leader
in the conservation and recovery of resources. Under RCRA, EPA sets national standards for
managing solid and hazardous wastes and provides federal agencies, state, tribal, and local
governments, and industries with technical assistance on solid waste management, resource
recovery, and resource conservation. Approximately 60,000 facilities generate and safely manage
hazardous waste in the United States.416 Eighty percent of the U.S. population live within three
miles of one of these facilities, making national standards and procedures for managing hazardous
417
wastes a necessity.
The Waste Management Program safeguards the American people while facilitating commerce by
supporting an effective waste management infrastructure. Cradle-to-grave hazardous waste
management regulations help ensure safe management practices through the entire process of
generation, transportation, recycling, treatment, storage, and final disposal. The Program increases
the capacity for proper hazardous waste management in states by providing grant funding and
technical support.
The RCRA permitting program serves to protect the millions of people in surrounding
communities by facilitating clean closure where applicable and managing permits and other
controls to protect human health and the environment for the approximately 6,700 hazardous waste
units (e.g., incinerators, landfills, and tanks) located at 1,300 treatment, storage, and disposal
permit facilities.418 Just as businesses innovate and grow, the waste management challenges they
face also evolve; this requires new direction and changes in the federal hazardous waste program
through updated regulations, guidance, and other tools.
416 Memorandum, February 18,2014, from Industrial Economics to EPA, Re: Analysis to Support Assessment of Economic Impacts
and Benefits under RCRA Programs: Key Scoping Assessment, Initial Findings and Summary of Available Data (Section 1), pages
5-11.
417 U.S. EPA, Office of Solid Waste and Emergency Response Estimate. 2014. Data collected includes: (1) site information as of
the end of FY 2011 from RCRAInfo; and (2) census data from the 2007-2011 American Community Survey.
418 As compiled by RCRAInfo.
469
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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.419 The
Save Our Seas 2.0 Act,420 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
419 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/111ari11edebris/ten-thi11gs.html.
420 For additional information, please refer to: https://www.c0ngress.g0v/l 16/plaws/publ224/PLAW-1.1.6publ224.pdf.
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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.
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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
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
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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.421 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.422
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
421 For more information, please refer to: https://www.epa.gov/simii/recycling-economic-infoniiation-rei-report.
422 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 2030,423
and finalized and released the National Recycling Strategy on November 15,2021.424 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,425 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
of plastic waste, engage communities, and prevent and reduce food loss and waste. The Program
will conduct the following activities:
423 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 fnl_508.pdf.
424 For more information, please refer to: https://www.epa.gov/system/files/documeiits/2021-l 1/fuial-national-recycliiig-
strategy.pdf".
425 For more information, please refer to: https://www.congress.gov/1.1.6/plaws/publ224/PLAW-1.1.6pufat224.pdf".
475
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• 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.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
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• (+$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
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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
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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)426 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 ToxCast427 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
ExpoCasf1% will assist in the identification of priority chemical targets with vulnerable
subpopulations and EJ concerns for further investigation.
426 For additional information, please visit: https://www.epa.gov/endocrine-disruption/use-high-throughput-assays-and-
computational-tools-endocrine-disruptor.
427 For additional information, please visit: https://www.epa.gov/chemical-research/toxicity-forecasting.
428 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;429 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.430 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
429 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-iiispector-general/report-epas-endocrine-disruptor-screening-
program-has-made-limited.
430 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
under the EDSP.
Statutory Authority:
Federal Food Drug and Cosmetic Act (FFDCA),
§ 1457.
contractual support for pesticide evaluations
§ 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
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FY 2022 Annualized
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$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.431
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
431 For additional information about the EPA P2 Program, please visit: http://www.epa.gov/p2/.
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grantees and client businesses by amplifying and replicating environmental stewardship, and
sustainability successes to similar businesses in other locales.432 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 practices—combined with outreach and training—to
facilitate adoption of P2 practices in those industries.
Safer Choice Program
EPA certifies and allows use of the Safer Choice label433 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 Choice—and safer chemical products—continues 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,434 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.435
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.
432 For additional information, please see the Pollution Prevention Program narrative under the STAG account/appropriation.
433 For additional information about the Safer Choice Program, please visit: https://www.epa.gov/saferchoice.
434 For additional information on the Partner of the Year Awards program, please visit: https: //www, epa. go v/saferchoice/safer-
choice-partner-year-a wards.
435 For additional information, please see:
https://joumals.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)436 implements the direction provided
to EPA in the Pollution Prevention Act, the National Technology Transfer and Advancement
Act,437 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.438 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.439
• 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).
436 For additional information on the EPP Program, please visit: http://www.epa.gov/greenerproducts/buying-green-federal-
purchasers.
437 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.
438 For additional information on Recommendations for Specifications, Standards and Ecolabels for Federal Purchasing, please
visit: https://www.epa.gov/greenerproducts/recoiiimendations-specifications-standards-and-ecolabels-federal-purchasing.
439 For additional information, please visit: https://www.federalregister.gov/documents/2021/12/13/2021-27114/catalvzing-
clean-energy-industries-and-iobs-through-federal-sustainability.
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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 Program440 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 air—the equivalent of taking 770,000 cars off the road
each year.441 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.442
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.
440 For additional information on the Green Chemistry Program, please visit: fa tips: //www, epa. go v/greenchemistrv.
441 For additional information, please visit: https://www.epa.gov/greenchemistry/iiifoniiation-about-green-chemistry-challenge.
442 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).
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
,s
S00.2S0
SI 2-1.2-11
Vi.i, VOj
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,443 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
443 "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 Action444; 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 sections445 of TSCA.446 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,
2018.447 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.448
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
444 For more information, please visit: https://www.epa.gov/envkoimentaliustice/guidance-considering-environmental-iustice-
during-development-action.
445 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.
446 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.
447 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.
448 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 and Mixtures. 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;449 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.450 EPA also intends to continue its commitment to transparency by
449 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.
450 For PMNs, MCANs and SNUNs, as required by law, the Agency must generally complete these review, determination, and
associated risk management activities within 90-days 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 database451 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.452 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.453'454 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.455
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.456
451 To access ChemView, please visit: https://chemview.epa.gov/clieniview.
452 For additional information, please visit: https://www.regulations.gov/document?D=EPA-HQ-OPPT-2016-0636-0074.
453 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-
aiid-iiiaiiagiiig-cheiiiicals-uiider-tsca/cheiiiical-substaiices-midergoing-prioritizatioii-high.
454 On February 20, 2020, EPA finalized the designation of 20 chemical substances as Low-Priority. For additional information,
please visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/low-priority-substances-under-tsca.
455 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.
456 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
2019.457 On September 4, 2020, EPA released final scoping documents for these chemicals458
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)459 and the National Tribal Toxics Council (NTTC).460
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.461 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.462 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 2024.463
457 For additional information, please visit: https://www.epa.gov/assessing-and-managiiig-chemicals-uiider-tsca/cliemical-
substances-undergoing-prioritization-high.
458 For additional information, please visit: https://www.epa.gov/chemicals-under-tsca/epa-releases-final-scope-documents-and-
list-businesses-subiect-fees-next-20.
459 For additional information on NTOC, please visit: https://www.epa.gOv/tribal/tribal-partnership-groups#ntoc
460 For additional information on NTTC, please visit: https://www.epa.gov/chemicals-under-tsca/national-tribal-toxics-council-
nttc-technical-support-request-applications
461 See, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-work-plan-chemicals.
462 For additional information, please visit: https://www.epa.gov/environmentaljustice/technical-guidance-assessing-
eiiYiroiiniental-justice-regulatoiy-analysis.
463 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.464 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 ChemView465 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.
464 TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Section 6(h) (1) and (2).
465 For additional information, please visit: https://www.epa.gov/assessing-and-managiiig-cheiiiicals-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.466 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.461 In FY 2023, EPA plans
to publish a rule that expands reporting requirements for chemicals that are candidates for—or
selected as—high 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
466 See. https://www.epa.gov/newsreleases/epa-amounces-collaborative-research-program-support-new-chemical-reviews.
467 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;468 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 Application469 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 2007.470
Formaldehyde Standards for Composite Wood Products. In FY 2023, EPA will continue
implementing regulations under the TSCA Title VI Formaldehyde Standards for Composite Wood
468 TSCA 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.
469 The Mercury Electronic Reporting application is an electronic reporting interface and database within the Central Data Exchange
(CDX).
470 For additional information, please visit: https://www.epa.gov/assessiiig-and-iiiaiiagiiig-chemicals-under-tsca/tsca-section-21.
494
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Products Act (Public Law 111-199), which established national emission standards for
formaldehyde in new composite wood products.471
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 14.472 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.473'474 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 2022475 and $4.65 million in FY 2023.476 Projected
collections also are subject to potential changes in fee levels, which are required to be updated
every three years under TSCA.477
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
471 For additional information, please visit: http://www2.epa.gov/formaldehvde/formaldehvde-emission-standards-composite-
wood-products.
472 TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Section 26(b) (1) and (4).
473 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.
474 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.
475 $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.
476 $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.
477 For additional information, please visit: https://www.epa.gov/tsca-fees/fees-admiiiistration-toxic-substances-control-act.
495
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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.
496
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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).
497
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
S ll.VVI
S I.U2V
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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.478
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.479'480
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.481 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
478 Childhood blood lead levels (BLL) have declined substantially since the 1970s, due largely to the phasing out of lead in
gasoline and to the reduction in the number of homes with lead-based paint hazards. The median concentration of lead in the
blood of children aged 1 to 5 years dropped from 15 micrograms per deciliter in 1976-1980 to 0.7 micrograms per deciliter in
2013-2014, a decrease of 95%. See. America's Children and the Environment (EPA, 2019), found at:
https://www.epa.gov/americaschildrenenvironment.
479 Centers for Disease Control and Prevention, Blood Lead Levels in Children, found at:
http://www.cdc.gov/nceh/lead/prevention/blood-lead-levels.htm.
480 America's Children and the Environment (EPA, 2019), found at: https://www.epa.gov/americaschildrenenvironment.
481 See. American Healthy Homes Survey, Lead and Arsenic Findings (HUD, 2011), found at:
https://www.hud.gov/sites/documents/AHHS_REPORT.PDF.
498
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disproportionately affected by LBP.482 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.483
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.484 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 facilities485 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
482 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/americaschildrenenviromiient.
483 Draft Strategy to Reduce Lead Exposures and Disparities in U.S. Communities (EPA, 2021) found at
https://wwwepa.gov/system/files?file=documentsQ021-ll/updated-public-comment-draft-lead-strategy-l l~16~2021.pdf.
484 For additional information, please visit: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/14/19-71.930.pdf.
485 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.486 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,487 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
486 For details on the revised rule, please visit: https://www.federa1register.gov/documents/2021/01/07/2020-28565/review-of-
dust-lead-post-abatement-clearance-levels.
487 For additional information, please visit: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/1.4/1.9-71.930.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.488
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 etseq. - Sections 401-412.
488 For additional information, please visit: https://www.epa.gov/lead/forms/lead-hotline-iiatioiial-lead-iiifoniiation-center.
501
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Underground Storage Tanks (LUST/UST)
502
-------
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
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SII.250
N 12.56 J
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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 states489 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.490 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.491
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
489 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.
490 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/.
491 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£275446Iadf86fl21345d7bci 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).492
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.493 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 E15. 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 El 5 in fenceline communities where El 5 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 El5 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 El5 compliance
inspections in Indian Country.
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.
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.
492 For more information, please refer to https://www.epa.gov/system/files/documents/2021-l l/ca-2 l-34.pdf.
493 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.494
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.
494 For more information, please refer to: www.epa.gOv/ust/eiiiergiiig-fuels-aiid-uiidergromid-storage-taiik.s-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
-------
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
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Total Budget Authority
$29,496
$31,822
$32,184
$362
Total Workyears
35.5
36.9
36.9
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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.495
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.496 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.497 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,
495 For more information, please visit https://www.epa.gov/nep.
496 For more information, please visit https://www.fisheries.noaa.gov/national/habitat-coiiservation/estuary-habitat.
497 For more information, please visit https://www.fisheries.iioaa.gov/iiational/habitat-conservatioii/coastal-wetlaiids-too-
valuable-lose.
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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)
program498 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.499 In addition to the public health risks, there are considerable
economic costs from impaired drinking water. State support for effective nutrient reduction in the
498 For more information, please visit: https://www.epa.gov/cre.
499 For more information, please visit:
https://iiepis.epa. gov/Exe/ZyNET.exe/PlOOU HI). TXT?ZyActioiiD=ZvDocuiiient&Client=EPA&Iiidex=2006+Tliru+2010&I)oc
s=&Oueiy=&Time=&EndTime=&SearchMethod=l&TocRestrict=n&Toc=&TocEntrv=&OField=&OFieldYear=&OFielclMonth
=&OFieldDay=&IntOFieldOp=0&ExtOFieldOp=0&XmlOueiy=&File=D%3A%5Czyfiles%5CIndex%20Data%5C06thrulQ%5
CTxt%5C00000039%5CP100UlTD.txt&User=ANONYMOUS&Password=anonvmous&SortMethod=h%7C-
&MaximurciDocuments=l&FuzzyDegree=0&IiirageOuality=r75g8/r75g8/xl50yl50gl6/i425&Display=hpfr&DefSeekPage=x&
SearchBack=ZyActioiiL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=l&ZyEntry=l&SeekPage=x&ZyP
URL.
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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.
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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
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$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 404.500 EPA engages in the CWA
500 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.
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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 proj ects
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.501 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
502
program.
501 For more information, please see: https://www.epa.gov/sites/production/files/2016-02/documents/deepwaterhorizon-cd.pdf.
502 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)
FY 2021
Final Actuals
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
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FY 2022 Annualized
CR
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$1,146
$1,584
$1,827
$243
Total Workyears
1.7
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
FY 2023
President's
Budget
FY 2023 President's
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FY 2022 Annualized
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$4,088
$4,364
$6,776
$2,412
Total Budget Authority
$101,278
$111,267
$140,034
$28,767
Total Workyears
480.3
475.2
547.2
72.0
Program Project Description:
Safe drinking water is critical for protecting human health and the economic vitality of the Nation.
Approximately 320 million Americans rely on public water systems to deliver safe tap water that
complies with national drinking water standards.503 EPA's Drinking Water Program is based on a
multiple-barrier and source-to-tap approach to protect public health from contaminants in drinking
water.504 EPA protects public health through:
• Source water assessment and protection;
• Promulgation of new or revised National Primary Drinking Water Regulations (NPDWRs);
• Training, technical assistance, and financial assistance programs to enhance public water
system capacity to comply with regulations and provide safe drinking water;
• Underground injection control (UIC) programs;
• Support for implementation of NPDWRs by state and tribal drinking water programs
through regulatory, non-regulatory, and voluntary programs and policies; and
• Resources and tools for states and tribes to support the financing of water infrastructure
improvements, that are more resilient to threats, human threats like cyber-attacks and
natural hazards such as climate change.505
Current events, including the detection of lead and per- and polyfluoroalkyl substances (PFAS) in
drinking water, highlight the importance of drinking water protection programs that safeguard
public health. It is particularly important to prioritize threats and protect the sources of drinking
water from those threats. Moreover, the detection of lead and PFAS, such as perfluorooctanoic
acid (PFOA), perfluorooctane sulfonate (PFOS), and GenX chemicals, exemplifies the increased
demand for risk communication and other resources that can help communities protect public
health and address these chemicals.
503 For more information on the U.S. Environmental Protection Agency Safe Drinking Water Information System (SDWIS/FED),
please see: http://water.epa.gov/scitech/datait/databases/drink/sdwisfed/index.cfm.
504 For more information, please see: https://www.epa.gov/sites/production/files/2015-
10/documents/guide swppocket 2002 updated.pdf.
505 For more information, please see: https://www.epa.gov/ground-water-and-drinking-water.
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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 cyber security; 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,
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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 13 9 90.)506 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
506 For additional information, please see: https://www.federalregister.gov/documents/2021/01/25/2021-01765/protectiiig-public-
health-aiid-the-enYiromiient-aiid-restoriiig-science-to-tackle-the-cliiiiate-crisis
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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.501
507 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
USDA 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.508
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
508 For more information, please see fattps://www.epa.gov/wateiTeuse.
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(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
(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):
• (+$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
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
$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
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FY 2022 Annualized
CR
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$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.509 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
509 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 partners—particularly those communities most affected—and
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,™ 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
510 For more information, please see: https://www.federalregister.gOv/documents/2021/01/25/2021-01765/protectiiig-public-
health-aiid-the-enYiromiient-aiid-restoriiig-science-to-tackle-the-cliiiiate-crisis
532
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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,511 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,512 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.513 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
511 For more information, please see: https://www.federalregister.gov/documents/2019/04/15/2019-07656/promoting-energv-
infrastructure-and-economic-growth
512 For more information, please see: https://www.epa.gov/laws-regulations/summary-executive-order-12866-regulatorv-
planning-and-review.
513 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.514
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.515 In FY 2023, the Program will work with its partners to carry out consumer campaigns that
514 For more information, please see fattps://www.epa.gov/wateiTeuse.
515 WaterSense Accomplishment Reports (updated annually). For more information visit:
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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
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.516 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:
fat tps: //www, epa. go v/wa terseii.se/ accompl ishment s-and-his torv.
516 For more information, please see https://www.epa.gov/cwsrf.
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• 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.
• 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
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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.
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.
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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
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.517 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)
517 For more information please visit: fattps://www.epa.gov/greeii-iiTfrastructure/greeii-iiTrrastructure-federal-collaborative.
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and then note the follow-up coordination, including potential public hearings, EPA
recommendations, and whether the EPA recommendation led to improvements in the federal
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.
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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.
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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
linvironmenlul Pru'^rums A- Muiui'^cmcnl
SO
s:i.~oo
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).
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Inspector General
Program Projects in IG 544
Audits, Evaluations, and Investigations 545
Audits, Evaluations, and Investigations 546
543
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: Inspector General
Resource Summary Table
(Dollars in Thousands)
FY 2023
President's Budget
FY 2021
FY 2022
FY 2023
v.
Final
Annualized
President's
FY 2022
Actuals
CR
Budget
Annualized CR
Inspector General
Budget Authority
$38,174
$43,500
$55,865
$12,365
Total Workyears
211.1
227.5
258.5
31.0
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the Superfund account.
Bill Language: Office of the Inspector General
For necessary expenses of the Office of Inspector General in carrying out the provisions of the
Inspector General Act of 1978, 55,865,000, to remain available until September 30,2024.
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 IG
[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
Audits, Evaluations, and Investigations
Audits, Evaluations, and Investigations
$38,174
$43,500
$55,865
$12,365
TOTALIG
$38,174
$43,500
$55,865
$12,365
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the Superfund account.
544
-------
Audits, Evaluations, and Investigations
545
-------
Audits, Evaluations, and Investigations
Program Area: Audits, Evaluations, and Investigations
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
Inspector < icncral
sMi.r-t
S-/3.5IM
S.V\
-------
improvements to programs and operations. Specifically, the Office of Audit conducts performance
audits to assess the economy, efficiency, and effectiveness, internal control, and compliance of
EPA programs and EPA business operations. In addition, the Office of Audit conducts 15
statutorily mandated audits, including financial audits of EPA and CSB financial statements as
required by the Federal Managers' Financial Integrity Act and audits of the information security
practices of EPA and CSB as required by the Federal Information Security Modernization Act.
OIG's evaluations arm resides with the Office of Special Review and Evaluation (OSRE). OSRE
is comprised of three directorates. OSRE's two evaluation directorates are responsible for
independent oversight of EPA programs and recommending needed improvements to programs
and operations. The two evaluation directorates within OSRE are: (1) Programs, Offices, and
Centers Oversight Directorate and (2) the Implementation, Execution, and Enforcement
Directorate. OSRE's third directorate is the newly formed Administrative Investigations
Directorate, which conducts administrative investigations into allegations of misconduct by senior
agency employees and complaints of whistleblower reprisal by agency employees, or employees
of agency contractors, subcontractors, grantees, subgrantees or personal services contractors. The
directorate also performs special reviews of significant events and emergent issues of concern that
involve a suspected or alleged violation of law, regulation, or policy, or allegations of serious
mismanagement.
OA and OSRE conduct their mission in compliance with the Inspector General Act, as amended,
the Generally Accepted Government Accounting Standards, and the Council of Inspectors General
on Integrity and Efficiency's Quality Standards for Federal Offices of Inspector General, as
applicable based upon the work performed. Work efforts focus on efficiency and program
operations: program performance, including a focus on the award and administration of grants and
contracts; statutorily mandated audits; financial reviews of grantees and contractors; and
information resources management. In addition, performance audits, program reviews and
evaluations, as well as inspections are conducted specifically to ensure targeted coverage of EPA
programs and offices providing the greatest impact and receiving the greatest resources.
The investigative mission of the OIG is to conduct criminal, civil, and administrative investigations
into fraud and serious misconduct within EPA that undermine the organization's integrity and
public trust or creates an imminent risk or danger. OIG investigations are coordinated with the
Department of Justice and other federal, state, and local law enforcement entities. These
investigations may lead to prosecution and civil judgments wherein there is a recovery and
repayment of financial losses. The major areas of investigative focus include fraudulent practices,
program integrity, laboratory fraud, serious employee misconduct, and cyber-crimes.
The audit, special review and evaluations, and investigative core mission program offices are
directly supported by the OIG's management and administrative functions of its Office of the Chief
of Staff, Office of Management, Office of Counsel and Congressional and Public Affairs.
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 - 2026 EPA Strategic Plan.
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The OIG is focused on assessing EPA and CSB programs and operations in order to improve upon
human health and the environment through the conduct of audits, special reviews and evaluations,
and investigations. The goal is to improve EPA and CSB business practices and accountability to
meet stakeholders' needs. The OIG assists the Agency in its efforts to develop and enforce
regulations that implement environmental laws by making recommendations to improve program
operations; save taxpayer dollars; reduce the potential for fraud, waste, and abuse; and resolve
identified top management challenges and internal control weaknesses. These efforts are designed
to promote cleaner air, land, and water, and ensure chemical safety for America. In FY 2023, the
OIG will target initiatives supporting EPA's Top Management Challenges; EPA's stated priorities
as they align with the Administration's priorities and targeted funding (i.e., climate change,
environmental justice, infrastructure, etc.); Congressional interests; and environmental issues
made significant due to intense public interest. In order to carry out its foci, the OIG will seek to
increase its agility to assess emerging environmental threats; increase its use of data analytics and
business intelligence to increase its capability to strategically target resources to address high risk,
high vulnerability areas of interest; employ best practices in support of improving efficiency,
effectiveness, accountability, and monetary benefits; focus on measurable impact; and increase its
return on investment to the American public through substantive recommendations followed
through to implementation.
Based on prior work, cross-agency risk assessment, agency challenges, future priorities, and
extensive stakeholder input, the OIG will focus its resources on efforts in the following areas of
concentration during FY 2023:
Audits. Special Reviews, and Evaluations
Sound and Economical Management
• Annual mandated improper payments audits in EPA and CSB
• Annual mandated financial statements audits in EPA and CSB
• Audits of costs claimed by selected grantees and contractors
• Grant, cooperative agreement, and contract administration, such as grantee management of
funds
• Cost efficiencies maximization and process improvement, such as improved acquisition
planning
• Technological changes that create transformation opportunities
• Annual mandated travel card program, including risk assessment in accordance with the
Government Charge Card Abuse Prevention Act of 2012
• Annual mandated purchase card and convenience check program, including risk
assessment
• Annual mandated toxic substances fees in accordance with the Pesticide Registration
Improvement Act and Federal Insecticide, Fungicide, and Rodenticide Act
• Efficiency and effectiveness of collection and payment processes
• Single audit sub-recipients monitoring
• Internal controls
Efficient Processes and Use of Resources
• Partnerships and coordination with other agencies to maximize efficiencies
548
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• Opportunities to reduce duplication, overlap, and fragmentation within EPA
• Grant, Interagency Agreement Grant, and Interagency Agreement Management
• Efficiency and effectiveness of human capital management programs/workforce analysis
and management
• High-risk contractors
• Continuity of Operations (COOP) readiness of delegated programs to continue their
operations/business as usual during COVID or another COOP event
Ensuring the Integrity of EPA Information
• Agency preparedness for providing remote access services
• Agency efforts to enhance its capability to respond to cyber-attacks
• Cybersecurity/infrastructure development; and assessment of processes to ensure
protection and security of information systems from fraud, waste, and abuse
• Follow-up on prior OIG cybersecurity audit recommendations
• Compliance with policies for federal agency public websites and digital services Plan of
Action & Milestones
• Annual mandated audit of compliance with the Federal Information Security
Modernization Act for EPA and CSB
• Oversight of Chief Information Officer's responsibilities under the Federal Information
Technology Acquisition Reform Act
• Mandated readiness reviews of Agency Digital Accountability and Transparency Act of
2014
• IT support to the mandated financial statement audits
Assessing Risk Management and Performance Measurement
• Implementation of Federal Managers Financial Integrity Act, Federal Information Security
Management Act, and Government Performance and Results Act
• Disaster response and homeland security and emergency preparedness and response
• Construction grants and revolving loan funds awarded to states and territories
• Review of contractor federal performance
• Assistance agreements related to cleanup and Brownfields
• Review of performance measures for eliminated EPA programs later funded by
congressional appropriation
Assessing Program Integrity. Results. Oversight Enforcement
• Oversight of Infrastructure Investment and Jobs Act (P.L. 117-58) funding
• Follow-up on prior OIG work for continuity of operations such as the impact of the
coronavirus pandemic on state hazardous waste programs
• Evaluation of EPA's programs, activities, requirements, and initiatives to address
environmental justice
• Evaluations of EPA's programs and activities to protect human health and the environment
through progress toward goals and compliance with requirements, such as chemical risk
assessments conducted under the Toxic Substances Control Act (TSCA), Clean Air Act
oversight, the pollution prevention program, and radiation policies and guidance
• Evaluation of EPA's programs and adherence to requirements to protect and restore water
549
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that sustains human health and the environment, such as per- and polyfluoroalkyl
substances (PFAS) in drinking water, tribal drinking water protection, and state
implementation of Clean Water Act
• Evaluation of controls and processes in EPA's research and development, scientific
integrity, and enforcement programs, such as cancer assessment reviews and the
effectiveness of enforcement self-audits and disclosures
• Oversight of clean water state revolving loan funds
• Assess EPA's policy, procedures, and internal controls to prevent or reduce improper
computer use
Investigations
The Inspector General Act identifies the Assistant Inspector General for Investigations as
responsible for developing and implementing an investigative program that furthers OIG
objectives. The OIG's Office of Investigations (01) conducts independent investigations to detect
and prevent fraud, waste, and abuse, while protecting the integrity of EPA and CSB programs,
operations, and resources. Investigations focus on allegations of criminal activity and serious
misconduct in EPA and CSB programs and operations. The OIG performs its proactive work
strategically as opportunities and resources allow. Investigations are opened in accordance with
priorities set forth in the OIG Strategic Plan for FY 2019 - 2023 and in consideration of
prosecutorial guidelines established by U.S. Attorneys. OIG investigations are governed by the
Attorney General Guidelines for Offices of Inspector General with Statutory Law Enforcement
Authority and by the Council of the Inspectors General on Integrity and Efficiency's Quality
Standards for Investigations, as well as other federal statutes and regulations.
The investigative mission of the OIG continues to evolve in conducting criminal and civil
investigations into fraud and serious misconduct within EPA programs and operations that
undermine the organization's integrity and public trust or create an imminent risk or danger.
Special Agents within the 01 are duly appointed federal criminal investigators and have statutory
authority to carry firearms, make arrests, execute search and seizure warrants, and perform other
law enforcement duties. The 01 often collaborates with other law enforcement entities and external
stakeholders to enhance the effectiveness of its work. The OIG investigations are coordinated with
the Department of Justice and other federal, state, and local law enforcement entities for criminal
and civil litigation or with EPA management for administrative action. Investigative efforts may
lead to criminal convictions, administrative sanctions, civil monetary penalties, and judgments
wherein there is a recovery and repayment of financial losses. Additionally, during and at the
conclusion of investigations, the 01 works with the Suspension and Debarment Office within EPA,
"whose actions protect the government from doing business with entities that pose a business risk
to the government."
The OIG plays a critical oversight role helping to ensure that EPA and CSB funds are properly
expended and not subject to fraud, waste, or abuse. The recent COVID-19 pandemic and the
resulting frauds has emphasized the nature of the OIG in protecting the integrity of the EPA's
programs. Major areas of investigative focus in this oversight include: 1) financial fraud related to
agency grants and contracts concerning State Revolving Funds, interagency and cooperative
agreements, and fraud related to mischarging, defective pricing, defective products and collusion
550
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on contracts; 2) laboratory fraud, including that related to water quality data as well as payments
made by EPA for erroneous environmental testing; 3) employee integrity and alleged criminal
conduct or serious administrative misconduct focusing on activities that could undermine the
integrity of agency programs involving safety and public health, and erode confidence in the
Agency pursuing its mission; 4) program integrity focusing on serious misconduct or criminal
activity that could undermine or erode the public trust and confidence in EPA, its programs, or its
employees; and 5) cybercrime to identify and counter information technology security threats,
illegal intrusions, and abuse of EPA computer systems, critical environmental infrastructure in the
air and water sectors, as well as investigations and responses in support of EPA's Office of
Homeland Security, to include possible cyber terrorist attacks on EPA's computer infrastructure.
Over the last year, the OIG has seen an increase in ransomware attacks, network intrusions, and
an attempt to hack into and poison municipal drinking water. To combat the rapidly expanding
cyberthreat landscape, the OIG will increase its participation and presence with law enforcement
cyber investigations, task forces, critical infrastructure security partners, and agency directorates.
Furthermore, OIG will respond to growing threats against water utilities implicating public safety
and the environment.
Finally, the 01 often makes observations or "lessons learned" for EPA's management to reduce
the Agency's vulnerability to criminal activity. The results of 01's investigations are published in
the OIG's semiannual reports and can serve as a deterrent to future misconduct. In addition, the
01's investigations provide measurable results wherein recovery and restitution of financial losses
are achieved, and administrative actions are taken to prevent those involved from further
participation in any of EPA's programs or operations which may lead to better accountability and
deterrence.
The 01 has reorganized its Field Operations Directorate by realigning the four field offices into
two regional offices - the Eastern Region Field Office and the Western Region Field Office. The
Eastern Region Field Office is responsible for matters within EPA Regions 1 through 5 while the
Western Region Field Office is responsible for matters within EPA Regions 6 through 10. This
realignment has improved the efficiency, effectiveness, and consistency of the 01's operations by
allowing the Field Operations Directorate to better oversee its field operations and investigations.
In addition, the 01 Headquarters hired two attorney-advisors to support our investigative
operations.
Follow-up and Policy/Regulatory Analysis
To further promote economy, efficiency, and effectiveness, the OIG will conduct follow-up
reviews of agency responsiveness to the OIG's recommendations to determine if appropriate
actions have been taken and intended improvements have been achieved. This process will serve
as a means for keeping Congress and EPA leadership apprised of accomplishments and
opportunities for needed corrective actions and facilitate greater accountability for results from the
OIG operations.
Additionally, as directed by the IG Act, as amended, the OIG's audits and evaluations often cover
assessment of proposed and existing policies, rules, regulations, and legislation to identify
vulnerability to waste, fraud, and abuse. These assessments also consider possible duplication,
551
-------
gaps, or conflicts with existing authority, leading to recommendations for improvements in their
structure, content, and application.
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):
• (+$1,678.0) 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.
• (+$213.0) This change to fixed and other costs is an increase due to an adjustment for
transit subsidy costs.
• (+$10,474.0 / +31.0 FTE) This program change is an increase to ensure adequate resources
in expanding the oversight arm of audit, evaluations, investigation, and support offices
within the OIG, to include the newly formed Administrative Investigations directorate
within the Office of Special Review and Evaluations, which conducts administrative
investigations into allegations of misconduct by senior agency employees and complaints
of whistleblowers. The OIG's expanded reach also includes increasing the use of data
analytics and business intelligence in an effort to address high risk, high vulnerability areas
of interest. This program change also includes $5.59 million in payroll.
Statutory Authority:
Inspector General Act of 1978.
Inspector General Reform Act:
The following information is provided pursuant to Section 6(g)(2) of the Inspector General Reform
Act:
• The aggregate budget request from the Inspector General for the operations of the OIG is
$67.9 million ($55.8 million Inspector General: $12.1 million Superfund Transfer)
• The aggregate President's Budget for the operations of the OIG is $67.9 million ($55.8
million Inspector General: $12.1 million Superfund Transfer)
• The portion of the aggregate President's Budget needed for training is $1.1 million ($864
thousand Inspector General: $190 thousand Superfund Transfer)
• The portion of the aggregate President's Budget needed to support the Council of the
Inspectors General on Integrity and Efficiency is $243 thousand ($194.4 thousand
Inspector General: $48.6 thousand Superfund Transfer)
"I certify as the Inspector General of the Environmental Protection Agency that the amount I have
requested for training satisfies all OIG training needs for FY 2023".
552
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Buildings and Facilities
Program Projects in B&F 555
Homeland Security 556
Homeland Security: Protection of EPA Personnel and Infrastructure 557
Operations and Administration 559
Facilities Infrastructure and Operations 560
553
-------
554
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: Building and Facilities
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
Building and Facilities
Budget Authority
$43,076
$33,752
$80,570
$46,818
Total Workyears
0.0
0.0
0.0
0.0
Bill Language: Buildings and Facilities
For construction, repair, improvement, extension, alteration, and purchase offixed equipment or
facilities of, or for use by, the Environmental Protection Agency, $80,570,000, to remain available
until expended.
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 B&F
(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
Homeland Security
Homeland Security: Protection of EPA
Personnel and Infrastructure
$7,006
$6,676
$6,676
$0
Operations and Administration
Facilities Infrastructure and Operations
$36,071
$27,076
$73,894
$46,818
TOTAL B&F
$43,076
$33,752
$80,570
$46,818
555
-------
Homeland Security
556
-------
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
Environmental Programs & Management
$4,915
$4,959
$5,139
$180
Science & Technology
$500
$501
$501
$0
litiildinx anil I'uvililies
s~.no/.
Sfi.O'fi
S(,
SO
Hazardous Substance Superfiind
$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:
EPA's Buildings and Facilities resources in the Homeland Security: Protection of EPA Personnel
and Infrastructure Program support the protection of federal employees, contractors, grantees, and
private citizens (occupants) who work within or visit EPA facilities nationwide. EPA's buildings
are a combination of headquarters and regional administrative offices, program and research
laboratories, and support facilities/warehouses. These facilities are either EPA owned/leased or
General Services Administration (GSA) owned/leased. This funding ensures federal mandates are
met as they relate to physical security and local emergency preparedness for all Agency locations.
These funds support the physical security protection equipment and mechanisms required to
protect occupants, for facility relocation (e.g., moves, new leases, consolidations, etc.), physical
equipment upgrades/modernization, or corrective actions required to address security
vulnerabilities identified during security assessments.
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, EPA will continue to partner with GSA on the Enterprise Physical Access Control
System (ePACS). ePACS supports the Agency's modernization of its security infrastructure in
compliance with Homeland Security Presidential Directive-12 (HSPD-12)519 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.
519 For additional information, please see: https://www.dhs.gov/homeland-security-presidential-directive-12
557
-------
In FY 2023, EPA will complete security projects to ensure the protection of occupants and
compliance with federal mandates for physical security, including:
• Migration to ePACS at the Research Triangle Park, NC Laboratory, the Ann Arbor, MI
Laboratory, the Newport, OR Environmental Laboratory, and the EPA Headquarters
facilities in Washington, DC.
• Upgrading closed-circuit television and physical security in response to vulnerabilities
identified from previously conducted physical security assessments.
The Agency will continue to utilize GSA's Managed Service Office program, USAccess, for
Personal Identity Verification 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.
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.
Statutory Authority:
Intelligence Reform and Terrorism Prevention Act of 2004; Homeland Security Act of 2002;
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).
558
-------
Operations and Administration
559
-------
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
$65.09.?
$67,500
$68,912
$1,412
llnilt/iiit; anil i'uciHtics
$36,071
S 2
.S
S-IO.SIS
Leaking Underground Storage Tanks
$932
$836
$724
-$112
Inland Oil Spill Programs
$628
$682
$641
-$41
Hazardous Substance Superfiind
$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 workyears in FY 2023 include 5.4 FTE to support Facilities Infrastructure and Operations working capital fund (WCF)
services.
Program Project Description:
EPA's Buildings and Facilities (B&F) appropriation supports the design, construction, repair, and
improvement of EPA's federally owned and leased land and structures in accordance with
applicable codes and standards. Since 2013, construction, renovation, and alteration projects
costing more than $150 thousand must use B&F funding. B&F resources ensure that the Agency
complies with various mandates and goals including: the Energy Policy Act of 2005; the Energy
Act of 2020; the Energy Independence and Security Act of 2007 (EISA); and regulatory mandates
associated with soil and water pesticides testing.
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 accordance with the Memorandum on Implementation of Agency-wide Real Property Capital
Planning (M-20-03)520 and the Federal Assets Sale and Transfer Act of 2016,521 the Agency will
continue to review its space needs. 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. B&F resources are essential to the
implementation of the long-term space consolidation plan. B&F resources also support facility-
related construction and the repair and improvement (R&I) of EPA's aging real estate inventory,
including the laboratory facilities necessary to support EPA's mission. Good stewardship practices
520 For additional information, please refer to: https://www.whitehouse.gOv/wp-contentAiploads/2019/l l/M-20-03.pdf.
521 For additional information, please refer to: Federal Assets Sale and Transfer Act of 2016,
https.V/www. congress.gov/114/plaws/publ287/PLA W-ll 4publ287.pdf
560
-------
demand that the physical conditions, functionality, safety and health, security, and research
capabilities of the Agency's facilities are adequately maintained to ensure successful completion
of EPA's mission requirements and goals.
In FY 2023, EPA proposes an administrative provision to raise the B&F per project threshold from
$150 thousand to $350 thousand. The B&F threshold was last increased from $85 thousand to
$150 thousand in FY 2013. Since 2013, costs for construction, material, and labor have increased
significantly. Additional information is found in the Proposed FY 2023 Administrative Provisions
section.
This program supports EPA's efforts to increase facility resiliency and sustainability to combat
the effects of climate change while adapting EPA space to a growing workforce. In FY 2023, EPA
will continue to conduct climate resiliency assessments at all EPA-owned facilities and prioritize
additional opportunities to reduce climate-related fiscal risks. Assessments will identify potential
projects the Agency can undertake to increase facility resiliency against the impacts of climate
change, such as roofing stability or seawall construction projects. EPA will initiate all high-priority
projects within 24 months of a climate assessment.
Through master planning and nationwide efforts to use space more efficiently, EPA identifies B&F
projects, which support the long-term conditions and efficiency of EPA facilities. Further, B&F
resources are necessary for EPA to comply with GSA leasing practices requiring agencies to fund
construction initiatives, including sustainable features522 as tenant improvements (TI) or up front
and ongoing project costs. These requirements significantly increase TI cost for new leases, pulling
critical funding from ongoing efforts to consolidate space and reduce the Agency's footprint in
accordance with the Federal Asset Sale and Transfer Act of 2016.
Space consolidation and reconfiguration enable 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 B&F funding. In FY 2023, the Agency
requests $12 million to reconfigure EPA's workplaces to ensure the space footprint can
accommodate a growing and increasingly hybrid workforce while keeping long-term rent costs
from increasing. When reconfiguring facilities, EPA will work to increase facility resiliency and
sustainability to combat the effects of climate change.
The FY 2023 request includes $27 million for ongoing projects that provide critical maintenance
for aging laboratory facilities and are key to ensuring that the Agency has access to preeminent
laboratory science. EPA must invest in structural infrastructure (e.g., architectural and design) and
mechanical systems (e.g., electrical, water/steam, HVAC). These projects also will maintain a safe
workplace, provide for high quality science, support agency priorities, and advance the Agency's
mission. EPA will focus on critical facility repairs and infrastructure upgrades to maintain an
acceptable Facility Condition Index (FCI), which measures the current state of EPA owned
facilities and informs B&F investment decisions.523 Delaying essential repairs results in the
deterioration of EPA's facilities, which increases long-term repair costs and presents safety risks.
522 Many of these features are required by EISA or executive orders.
523 For additional information on the Synthesis Report of the U.S. EPA Laboratory Enterprise Evaluation, please refer to:
https://www.epa.gov/sites/production/files/2015-03/documents/synthesisrepoitoflheusepalaboratoryenterprise.pdf.
561
-------
In FY 2023, EPA requests $34.8 million to prioritize climate sustainability and resiliency
investments in new construction and the rehabilitation of United States Government installations,
buildings, and facilities to ensure they are climate ready. Examples of shovel-ready investments
include:
• National Vehicle and Fuel Emission Laboratory (NVFEL), Ann Arbor, Michigan.
NVFEL is an example of a building sustainability project, EPA will invest in the repair,
replacement and operations and maintenance (O&M) of NVFEL's extensive infrastructure
to meet energy environmental requirements leading to energy savings and sustainability to
meet the challenges of climate change.
• Gulf Breeze, Narragansett, Edison, and Newport Laboratories. EPA will invest in
climate resiliency-infrastructure protection for these regional and programmatic
laboratories, including sea level and storm rise protection and power resiliency.
In FY 2023, the Agency will continue the following space optimization projects with the potential
for the greatest long-term cost and energy savings:
• Co-Locating in the Ada, Oklahoma laboratory. EPA will continue its work to
consolidate employees currently in leased laboratory space into owned space. The Agency
is co-locating operations for the regional laboratory in Houston, Texas with the EPA-
owned laboratory in Ada, Oklahoma. In FY 2023, EPA will begin Phase 2 and 3 of
construction.
• Optimizing space at the Athens, Georgia laboratory. In FY 2023, EPA will continue
construction in the Main Lab Building (Office of Research and Development - Athens).
• Co-Locating in the Corvallis, Oregon laboratory. The Agency is co-locating operations
for the Region 9 laboratory in Richmond, California with the EPA-owned laboratory in
Corvallis, Oregon. In FY 2023, the Agency will finalize construction of the Region 9
Facilities Support Services Center, which is designed for Region 9 laboratory support. In
FY 2023, there will be minor renovations to the Plant Ecology Building to accommodate
Region 9 laboratory storage space in Corvallis, Oregon.
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
completed.
FY 2022
Target
FY 2023
Target
2
5
562
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$12,000.0) This program change is an increase to modernize and transform EPA
workplaces to support a hybrid workforce and to ensure an optimal footprint to support the
proposed FTE increase in the FY 2023 Budget request.
• (+$34,818.0) This program change supports implementation of multiple executive order
requirements that will require EPA to increase facility resiliency against the impact of
climate change and to advance sustainability of EPA operations.
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).
563
-------
564
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Superfund
Program Projects in Superfund 567
Audits, Evaluations, and Investigations 570
Audits, Evaluations, and Investigations 571
Compliance 577
Compliance Monitoring 578
Enforcement 580
Criminal Enforcement 581
Forensics Support 584
Superfund: Enforcement 587
Superfund: Federal Facilities Enforcement 591
Environmental Justice 593
Environmental Justice 594
Homeland Security 596
Homeland Security: Preparedness, Response, and Recovery 597
Homeland Security: Protection of EPA Personnel and Infrastructure 601
Indoor Air and Radiation 603
Radiation: Protection 604
Information Exchange / Outreach 606
Exchange Network 607
IT/ Data Management/ Security 610
Information Security 611
IT / Data Management 617
Legal / Science / Regulatory / Economic Review 621
Alternative Dispute Resolution 622
Legal Advice: Environmental Program 625
Operations and Administration 628
Acquisition Management 629
Central Planning, Budgeting, and Finance 633
Facilities Infrastructure and Operations 637
565
-------
Financial Assistance Grants / IAG Management 640
Human Resources Management 643
Research: Chemical Safety and Sustainability 647
Health and Environmental Risk Assessment 648
Research: Chemical Safety for Sustainability 653
Research: Sustainable Communities 657
Research: Sustainable and Healthy Communities 658
Superfund Cleanup 662
Superfund: Emergency Response and Removal 663
Superfund: EPA Emergency Preparedness 666
Superfund: Remedial 668
Superfund: Federal Facilities 672
Superfund Special Accounts 676
566
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: Hazardous Substance Superfund
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
Hazardous Substance Superfund
Budget Authority
$1,326,363
$1,205,811
$1,154,168
-$51,643
Total Workyears
2,681.8
2,636.5
2,714.2
77.7
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the Superfund
account.
Bill Language: Hazardous Substance Superfund
For necessary expenses to carry out the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42
U.S.C. 9611), and hire, maintenance, and operation of aircraft, $1,154,168,000, to remain
available until expended, consisting of such sums as are available in and not already appropriated
from the Trust Fund on September 30, 2022, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to $1,154,168,000 as a payment
from general revenues to the Flazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA: Provided, That funds appropriated under this heading may be allocated
to other Federal agencies in accordance with section 111(a) of CERCLA: Providedfurther, That
of the funds appropriated under this heading, $12,062,000 shall be paid to the "Office of Inspector
General" appropriation to remain available until September 30, 2024, and $31,368,000 shall be
paid to the "Science and Technology" appropriation, to remain available until September 30,
2024: Provided further, That of the amounts provided under this heading for Superfund—
Enforcement, up to eleven percent shall be transferred to "Department of Justice—Legal
Activities—Salaries and Expenses—General Legal Activities" and shall remain available until
expended for expenses of CERCLA-related activities conducted by the Environment and Natural
Resources Division on behalf of the Environmental Protection Agency.
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 Superfund
[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
Indoor Air and Radiation
Radiation: Protection
$1,973
$1,985
$2,872
$887
567
-------
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
Audits, Evaluations, and Investigations
Audits, Evaluations, and Investigations
$11,634
$11,586
$12,062
$476
Compliance
Compliance Monitoring
$1,778
$1,000
$1,015
$15
Enforcement
Criminal Enforcement
$8,469
$7,647
$8,088
$441
Forensics Support
$1,250
$1,145
$1,263
$118
Superfund: Enforcement
$164,461
$156,773
$166,487
$9,714
Superfund: Federal Facilities
Enforcement
$6,974
$7,424
$9,863
$2,439
Subtotal, Enforcement
$181,153
$172,989
$185,701
$12,712
Environmental Justice
Environmental Justice
$681
$826
$5,876
$5,050
Homeland Security
Homeland Security: Preparedness,
Response, and Recovery
$31,897
$33,020
$43,796
$10,776
Homeland Security: Protection of EPA
Personnel and Infrastructure
$845
$1,030
$1,530
$500
Subtotal, Homeland Security
$32,742
$34,050
$45,326
$11,276
Information Exchange / Outreach
Exchange Network
$1,511
$1,328
$1,328
$0
IT / Data Management / Security
Information Security
$752
$659
$7,859
$7,200
IT / Data Management
$20,984
$13,826
$16,904
$3,078
Subtotal, IT / Data Management / Security
$21,735
$14,485
$24,763
$10,278
Legal / Science / Regulatory / Economic
Review
Alternative Dispute Resolution
$632
$832
$868
$36
Legal Advice: Environmental Program
$1,161
$443
$461
$18
Subtotal, Legal / Science / Regulatory /
Economic Review
$1,793
$1,275
$1,329
$54
568
-------
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
Operations and Administration
Central Planning, Budgeting, and
Finance
$26,775
$26,561
$28,806
$2,245
Facilities Infrastructure and Operations
$81,976
$68,727
$71,219
$2,492
Acquisition Management
$23,380
$23,800
$32,345
$8,545
Human Resources Management
$7,200
$6,202
$8,476
$2,274
Financial Assistance Grants / IAG
Management
$4,224
$3,210
$4,403
$1,193
Subtotal, Operations and Administration
$143,554
$128,500
$145,249
$16,749
Research: Sustainable Communities
Research: Sustainable and Healthy
Communities
$13,458
$16,463
$16,927
$464
Research: Chemical Safety for
Sustainability
Health and Environmental Risk
Assessment
$3,654
$12,824
$4,896
-$7,928
Research: Chemical Safety for
Sustainability
$6,065
$0
$8,060
$8,060
Subtotal, Research: Chemical Safety for
Sustainability
$9,719
$12,824
$12,956
$132
Superfund Cleanup
Superfund: Emergency Response and
Removal
$233,104
$190,000
$199,835
$9,835
Superfund: EPA Emergency
Preparedness
$7,555
$7,700
$8,056
$356
Superfund: Federal Facilities
$24,264
$21,800
$36,272
$14,472
Superfund: Remedial
$639,714
$589,000
$454,601
-$134,399
Subtotal, Superfund Cleanup
$904,636
$808,500
$698,764
-$109,736
TOTAL Superfund
$1,326,363
$1,205,811
$1,154,168
-$51,643
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the Superfund
account.
569
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Audits, Evaluations, and Investigations
570
-------
Audits, Evaluations, and Investigations
Program Area: Audits, Evaluations, and Investigations
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
Inspector General
S3X.174
$43,500
$X"\86:>
$12,365
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$476
Total Budget Authority
$49,807
$55,086
$67,927
$12,841
Total Workyears
266.6
270.0
301.0
31.0
Program Project Description:
EPA's Office of Inspector General (OIG) is an independent office of the U.S. Environmental
Protection Agency, created by the Inspector General Act of 1978, as amended. In support of that
independence, Congress provides the OIG with a separate appropriation, within the Agency's
budget to support OIG's Superfund activities. The vision of the OIG is to be a premier oversight
organization trusted to speak the truth, promote good governance, and contribute to improved
human health and the environment. This vision is met through the mission of the OIG.
The OIG conducts independent audits, special reviews, evaluations, and investigations. The OIG
also makes evidence-based recommendations to promote economy, efficiency, and effectiveness.
The OIG seeks to identify risks and vulnerabilities within the Agency to prevent and detect fraud,
waste, abuse, mismanagement, and misconduct for the U.S. Environmental Protection Agency as
well as the U.S. Chemical Safety and Hazard Investigation Board (CSB).
The OIG promotes public trust and safety by keeping the head of the Agency and Congress fully
and immediately informed of deficiencies, vulnerabilities, and other agency activities that indicate
the presence of fraud, waste and/or abuse, and the necessity for and progress toward OIG
recommended corrective actions and being responsive with a sense of urgency to hotline and
whistleblower complaints submitted for our immediate action. The OIG's activities assist in the
prevention and detection of fraud in EPA's Superfund programs and operations. The OIG
consistently provides a significant positive return on investment to the public in the form of
recommendations for improvements in the delivery of EPA's mission, reduction in operational and
environmental risks, costs savings and recoveries, and improvements in program efficiencies and
S9 d
integrity.
OIG's auditing arm resides within the Office of Audit (OA). The OA is comprised of five
directorates: Financial; Business Operations; Information Resources Management; Pollution
Control and Cleanup; and Environmental Investment and Infrastructure. Together, they are
responsible for independent oversight of EPA and CSB programs and for recommending needed
524 For more information, please see: https://www.epa.gov/office-inspector-general/epa-oig-organization-profile.
571
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improvements to programs and operations. Specifically, the Office of Audit conducts performance
audits to assess the economy, efficiency, and effectiveness, internal control, and compliance of
EPA Superfund programs and EPA Superfund business operations.
OIG's evaluations arm resides with the Office of Special Review and Evaluation (OSRE). OSRE
is comprised of three directorates. OSRE's two evaluation directorates are responsible for
independent oversight of EPA programs and recommending needed improvements to programs
and operations. The two evaluation directorates within OSRE are: (1) Programs, Offices, and
Centers Oversight Directorate and (2) the Implementation, Execution, and Enforcement
Directorate. OSRE's third directorate is the newly formed Administrative Investigations
Directorate which conducts administrative investigations into allegations of misconduct by senior
agency employees and complaints of whistleblower reprisal by agency employees, or employees
of agency contractors, subcontractors, grantees, subgrantees or personal services contractors. The
directorate also performs special reviews of significant events and emergent issues of concern that
involve a suspected or alleged violation of law, regulation, or policy, or allegations of serious
mismanagement.
OA and OSRE conduct their mission in compliance with the Inspector General Act, as amended,
the Generally Accepted Government Accounting Standards, and the Council of Inspectors General
on Integrity and Efficiency's Quality Standards for Federal Offices of Inspector General, as
applicable based upon the work performed. Work efforts focus on efficiency and program
operations: program performance, including a focus on the award and administration of grants and
contracts; statutorily mandated audits; financial reviews of grantees and contractors; and
information resources management. In addition, performance audits, program reviews and
evaluations, as well as inspections are conducted specifically to ensure targeted coverage of EPA
programs and offices providing the greatest impact and receiving the greatest resources.
The investigative mission of the OIG is to conduct criminal, civil, and administrative investigations
into fraud and serious misconduct within the EPA that undermine the organization's integrity and
public trust or creates an imminent risk or danger. OIG investigations are coordinated with the
Department of Justice and other federal, state, and local law enforcement entities. These
investigations may lead to prosecution and civil judgments wherein there is a recovery and
repayment of financial losses. The major areas of investigative focus include fraudulent practices,
program integrity, laboratory fraud, serious employee misconduct, and cyber-crimes.
The audit, special review and evaluations, and investigative core mission program offices are
directly supported by the OIG's management and administrative functions of its Office of the Chief
of Staff, Office of Management, Office of Counsel and Congressional and Public Affairs.
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 - 2026 EPA Strategic Plan.
The activities of the OIG are supported through the core value to be the best in public service
through customer service, integrity, and accountability. The summary of this value is to contribute
572
-------
to improved EPA Superfund and other cleanup programs and operations protecting human health
and the environment, and enhancing safety; conduct audits, evaluations, and investigations that
enable EPA to improve business practices and accountability to meet stakeholders' needs. The
OIG assists the Agency in its efforts to develop and enforce regulations that implement
environmental laws by making recommendations to improve program operations; save taxpayer
dollars; reduce the potential for fraud, waste, and abuse; respond to cybercrimes; and resolve
previously identified major management challenges and internal control weaknesses resulting in
cleaner air, land, and water, and ensured chemical safety for America.
In FY 2023, the OIG will: target initiatives supporting EPA's Top Management Challenges and
stated priorities. To execute this mission, the OIG will increase its agility to assess emerging
environmental threats; increase its use of data analytics, business analytics, and business
intelligence to better target resources to address high risk, high vulnerability areas of interest;
employ best practices in support of improving efficiency, effectiveness, accountability, and
monetary benefits; focus on measurable impact; and increase its return on investment to the
American public regarding issues related to the Superfund Program.
Based on prior work, agency challenges, cross-agency risk assessment, future priorities, and
extensive stakeholder input, the OIG will focus its resources on efforts in the following areas of
concentration during FY 2023:
Audits and Evaluations
The OIG Office of Audit and Office of Special Review and Evaluation conduct projects to oversee
EPA's efforts to improve human health and the environment. The Offices will identify program
and management risks and determine if EPA is efficiently and effectively reducing human health
risks; taking effective enforcement actions; cleaning up hazardous waste; managing waste;
restoring previously polluted sites to appropriate uses; and ensuring long-term stewardship of those
sites. The OIG assignments will include: assessment of the adequacy of internal controls in EPA
(and its grantees and contractors) to protect resources and achieve program results; project
management to ensure that EPA (and its grantees and contractors) have clear plans and
accountability for performance progress; enforcement to evaluate whether there is consistent,
adequate, and appropriate application of the laws and regulations across jurisdictions with
coordination between federal, state, and local law enforcement activities; and evaluation of grants
and contracts to verify that such awards are made based upon uniform risk assessment, and that
grantees and contractors perform with integrity.
Prior audits and evaluations of the Superfund Program have identified numerous barriers to
implementing effective resource management and program improvements. Therefore, the OIG will
concentrate its resources on efforts in the following assignment areas:
• EPA's Superfund institutional controls achievement of their stated goal for preventing
human exposure at Superfund sites
• EPA's progress in ensuring private party Superfund liabilities are adequately covered by
sufficient financial assurance mechanisms
573
-------
• Superfund portion of EPA's legislatively mandated audits, such as financial statement and
Federal Information Security Modernization Act, t© include sampling, monitoring,
communication, and opportunities for cleanup efficiencies
• Survey of remedial project managers on impacts for long-term cleanup due to operational
effects of COVID-19 such as: shutdown of pump and treat system, inability to monitor
remedy operations, or inability to transport hazardous waste to accomplish remedial
objectives
• Assess the effectiveness of actions taken as a result of the 2017 Superfund Task Force
Report
• Evaluate ways to minimize fraud, waste, and abuse, with emphasis on identifying
opportunities for cost savings and reducing risk of resource loss, while maximizing results
achieved from Superfund contracts and assistance agreements
Investigations
The Inspector General Act identifies the Assistant Inspector General for Investigations as
responsible for developing and implementing an investigative program that furthers OIG
objectives. The OIG's Office of Investigations (01) conducts independent investigations to detect
and prevent fraud, waste, and abuse, while protecting the integrity of EPA's Superfund Program.
Investigations focus on allegations of criminal activity and serious misconduct in EPA Superfund
programs and operations. The OIG performs its proactive work strategically as opportunities and
resources allow. Investigations are opened in accordance with priorities set forth in the OIG
Strategic Plan for FY 2019 - 2023 and in consideration of prosecutorial guidelines established by
U.S. Attorneys. OIG investigations are governed by the Attorney General Guidelines for Offices
of Inspector General with Statutory Law Enforcement Authority and by the Council of the
Inspectors General on Integrity and Efficiency's Quality Standards for Investigations, as well as
other federal statutes and regulations.
The investigative mission of the OIG continues to evolve in conducting criminal and civil
investigations into fraud and serious misconduct within EPA Superfund programs and operations
that undermine the organization's integrity and public trust or create an imminent risk or danger.
Special Agents within the 01 are duly appointed federal criminal investigators and have statutory
authority to carry firearms, make arrests, execute search and seizure warrants, and perform other
law enforcement duties. The 01 often collaborates with other law enforcement entities and external
stakeholders to enhance the effectiveness of its work. The OIG investigations are coordinated with
the Department of Justice and other federal, state, and local law enforcement entities for criminal
and civil litigation or with EPA management for administrative action. Investigative efforts may
lead to criminal convictions, administrative sanctions, civil monetary penalties, and judgments
wherein there is a recovery and repayment of financial losses. In addition, during and at the
conclusion of investigations, the 01 works with the Suspension and Debarment Office within EPA,
"whose actions protect the government from doing business with entities that pose a business risk
to the government."
574
-------
The OIG plays a critical oversight role helping to ensure that EPA and U.S. Chemical Safety and
Hazard Investigation Board (CSB) funds are properly expended and not subject to fraud, waste, or
abuse. Investigative focus in this oversight include: 1) fraudulent practices in awarding,
performing, and paying Superfund contracts, grants, or other assistance agreements; 2) program
fraud or other acts that undermine the integrity of, or confidence in the Superfund Program and
create imminent environmental risks; 3) laboratory fraud relating to data, and false claims, or
erroneous laboratory results that undermine the basis for decision-making, regulatory compliance,
or enforcement actions in the Superfund Program; 4) criminal conduct or serious administrative
misconduct by EPA employees involved in the Superfund Program; and 5) intrusions into and
attacks against EPA's network supporting Superfund Program data, contractors and grant
recipients handling sensitive EPA data, as well as incidents of computer misuse and theft of
intellectual property or sensitive/proprietary Superfund data.
Finally, the 01 often makes observations or "lessons learned" for EPA's management to reduce
the Agency's vulnerability to criminal activity in the Superfund Program. The results of 01's
investigations are published and can serve as a deterrent to future misconduct. In addition, the 01's
investigations provide measurable results wherein recovery and restitution of financial losses are
achieved, and administrative actions are taken to prevent those involved from further participation
in any Superfund Program or operation which may lead to better accountability and deterrence.
The 01 has reorganized its Field Operations Directorate by realigning the four field offices into
two regional offices - the Eastern Region Field Office and the Western Region Field Office. The
Eastern Region Field Office is responsible for matters within EPA Regions 1 through 5 while the
Western Region Field Office is responsible for matters within EPA Regions 6 through 10. This
realignment has improved the efficiency, effectiveness, and consistency of the 01's operations by
allowing the Field Operations Directorate to better oversee its field operations and investigations.
In addition, the 01 Headquarters hired two attorney-advisors to assist with investigative operations.
Follow-up and Policy/Regulatory Analysis
To further promote economy, efficiency, and effectiveness, the OIG will conduct follow-up
reviews of agency responsiveness to the OIG's recommendations for the Superfund Program and
other land issues to determine if appropriate actions have been taken and intended improvements
have been achieved. This process will serve as a means for keeping Congress and EPA leadership
apprised of accomplishments and opportunities for needed corrective actions and facilitate greater
accountability for results from the OIG operations.
Additionally, as directed by the IG Act, as amended, the OIG's audits and evaluations often cover
assessment of proposed and existing policies, rules, regulations, and legislation pertaining to the
clean-up programs, to include Superfund, to identify vulnerability to waste, fraud, and abuse.
These assessments also consider possible duplication, gaps, or conflicts with existing authority,
leading to recommendations for improvements in their structure, content, and application.
575
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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):
• (+$350.0) 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.
• (+$47.0) This change to fixed and other costs is an increase due to an adjustment for transit
subsidy costs.
• (+$79.0) This program change is an increase to support audits, investigations, increased
risk vulnerabilities to fraud, waste, and abuse, and the operations of EPA's Superfund
Program.
Statutory Authority:
Inspector General Act of 1978.
Inspector General Reform Act:
The following information is provided pursuant to Section 6(g)(2) of the Inspector General Reform
Act:
• The aggregate budget request from the Inspector General for the operations of the OIG is
$67.9 million ($55.8 million Inspector General: $12.1 million Superfund Transfer)
• The aggregate President's Budget for the operations of the OIG is $67.9 million ($55.8
million Inspector General: $12.1 million Superfund Transfer)
• The portion of the aggregate President's Budget needed for training is $1.1 million ($864
thousand Inspector General: $190 thousand Superfund Transfer)
• The portion of the aggregate President's Budget needed to support the Council of the
Inspectors General on Integrity and Efficiency is $243 thousand ($194.4 thousand
Inspector General: $48.6 thousand Superfund Transfer)
"I certify as the Inspector General of the Environmental Protection Agency that the amount I have
requested for training satisfies all OIG training needs for FY 2023".
576
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Compliance
577
-------
Compliance Monitoring
Program Area: Compliance
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(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
$97,583
$102,500
$144,770
$42,270
Inland Oil Spill Programs
$132
$139
$2,146
$2,007
Utizurtlims Substance Siiperjuml
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SI.015
SIS
Total Budget Authority
$99,493
$103,639
$147,931
$44,292
Total Workyears
439.1
453.9
463.4
9.5
Program Project Description:
The Superfund Compliance Monitoring program supports enforcement of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) or "Superfund" law.
EPA's national enforcement and compliance data system, the Integrated Compliance Information
System (ICIS), provides information and tracks Superfund-related enforcement activities.
Electronic tracking of Superfund enforcement work allows EPA to ensure that its enforcement
resources are allocated to address the most significant concerns and facilitates transparency.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Detect Violations and Promote
Compliance in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, EPA will focus on timely enforcement in communities with potential environmental
justice concerns. EPA also will continue to support tracking of CERCLA compliance and
enforcement activities.
Performance Measure Targets:
(PM 409) Number of federal on-site compliance monitoring inspections and
evaluations and off-site compliance monitoring activities.
FY 2022
Target
FY 2023
Target
10,000
10,000
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$15.0) 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.
578
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Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.).
579
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Enforcement
580
-------
Criminal 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
$49,588
$51,275
$61,411
$10,136
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Total Budget Authority
$58,057
$58,922
$69,499
$10,577
Total Workyears
238.6
257.7
291.0
33.3
Program Project Description:
The Criminal Enforcement Program investigates and helps prosecute criminal violations of the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and
associated violations of Title 18 of the United States Code such as fraud, conspiracy, false
statements, and obstruction of justice. EPA's criminal enforcement agents (Special Agents) do this
through targeted investigation of criminal conduct, committed by individual and corporate
defendants, that threatens public health and the environment.
The Criminal Enforcement Program is strengthened by an ongoing collaboration with the
Environmental Justice (EJ) Program, other EPA offices, and the U.S. Department of Justice (DO J)
to ensure our Superfund enforcement work is informed and targeted to address overburdened,
underserved and vulnerable communities and to expand outreach opportunities through those
offices.
Within the Criminal Enforcement Program, forensic scientists, attorneys, technicians, engineers,
and other program experts assist Special Agents in their investigations. EPA's criminal
enforcement attorneys provide legal and policy support for all the program's responsibilities,
including forensics and expert witness preparation, information law, and personnel law to ensure
that program activities are carried out in accordance with legal requirements and agency policies.
These efforts support environmental crimes prosecutions primarily by the United States Attorneys
and DOJ's Environmental Crimes Section. In FY 2021, the conviction rate for criminal defendants
charged as a result of EPA criminal enforcement investigations was 96 percent, with a total of
twenty-eight years of incarceration for defendants sentenced in criminal enforcement
investigations.
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.
581
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In FY 2023, the Agency requests an additional $441.0 thousand and 0.2 FTE. to build core capacity
for criminal enforcement work, with an emphasis on overburdened, underserved, and vulnerable
communities with EJ concerns and to support the implementation of the American Innovation and
Manufacturing (AIM) Act. EPA will continue efforts to devote resources toward, and effectively
focus on those areas and communities that are disproportionally affected by pollution and
environmental crime.
EPA will continue to address Superfund-related EJ issues within criminal enforcement. The
Criminal Investigation Division (CID) works with partners at the DOJ to jointly prosecute
wrongdoing and reduce the impact pollution has on these areas through investigation, judicial
actions, and settlements. The Criminal Enforcement Initiative focuses prioritization of
investigative resources to overburdened and vulnerable communities, while maintaining case
initiation standards and reducing the impact of pollution. EPA Program goals and priorities include
the following:
• In FY 2023 EPA's Environmental Crime Victim Witness Assistance Program will closely
align its implementation of the Criminal Victims' Rights Act and the Victims' Rights and
Restitution Act with EPA's environmental justice work. Activities will include data mining
and mapping to identify where communities with EJ concerns, crime victims, and public
health impacts overlap. This strategy will aid the Program in identifying sources of
pollution impacting these communities and will focus criminal enforcement resources on
the nation's most overburdened and vulnerable populations and, where appropriate, use of
crime victim program resources and emergency funds to assist individuals in
overburdened, underserved, and vulnerable communities.
• In FY 2023, the Criminal Enforcement Program, working with OAR and the Department
of Homeland Security, will continue implementing its responsibilities as a part of the HFC
(hydrofluorocarbons) Enforcement Task Force, whose permanent mission is to ensure U.S.
compliance with the AIM Act. The Task Force will continue to identify, intercept, and
interdict illegal HFC imports, share data to support allowances, train customs officers and
enforcement personnel, and address common HFC import experiences with other
countries. EPA will need to continue standing up its new enforcement and compliance
framework. EPA would leverage our experience working with Customs and Border
Protection (CBP), DOJ, and other federal partners to successfully enforce federal laws
related to HFCs. Critically important to success in this media, are dedicated analysts in the
criminal enforcement program to research, assess and coordinate with federal partners,
private industry, and task force members.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
582
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$290.0) 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.
• (+$151.0/ +0.2 FTE) This program increase will ensure EPA has the capacity and technical
expertise to investigate, analyze, sample, test, transport, and store HFCs. The increase in
FTE will allow analysts to research, assess, and coordinate with federal partners, private
industry, and task force members. This investment includes $43.0 thousand in payroll.
Statutory Authority:
Title 18 of the U.S.C.; 18 U.S.C. § 3063; 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); American
Innovation and Manufacturing Act.
583
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Forensics Support
Program Area: Enforcement
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(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
$11,761
$14,000
$15,532
$1,532
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.S 1.250
SI. 1-15
SI. 2 05
SII.S
Total Budget Authority
$13,010
$15,145
$16,795
$1,650
Total Workyears
59.9
68.9
70.3
1.4
Program Project Description:
The Forensics Support Program provides expert scientific and technical support for Superfund
civil and criminal enforcement cases, as well as technical expertise for the Agency's compliance
efforts. EPA's National Enforcement Investigations Center (NEIC) is an environmental forensic
center accredited for both laboratory analysis and field sampling operations that generate
environmental data for law enforcement purposes. It is fully accredited under International
Standards Organization (ISO) 17025, the main standard used by testing and calibration
laboratories, as recommended by the National Academy of Sciences.525 The NEIC maintains a
sophisticated chemistry and physical science laboratory, and a corps of highly trained inspectors
and scientists with expertise across environmental media. The NEIC works closely with EPA's
Criminal Enforcement Program to provide technical support (e.g., sampling, analysis,
consultation, and testimony) to criminal investigations. The NEIC also works closely with other
EPA programs to provide technical assistance, consultation, and on-site inspection, investigation,
and case resolution services in support of the Agency's Superfund Enforcement Program.
The Forensics Support Program will continue to provide expert scientific and technical support for
EPA's Superfund enforcement efforts, focus its work on collecting and analyzing materials to
characterize contamination, and attribute it to individual sources and/or facilities. The work NEIC
performs typically represents the most complex cases nationwide, requiring a level of expertise
and equipment not found elsewhere in EPA, as well as support to evaluate and leverage emerging
technologies. The Laboratory also will continue to coordinate its support for the Agency's
Superfund, Research and Development, and Land and Emergency Management Programs.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Detect Violations and Promote
Compliance in the FY 2022 - 2026 EPA Strategic Plan.
525 Strengthening Forensic Science in the United States: A Path Forward, National Academy of Sciences, 2009, available at:
http://www.nap.edu/catalog.php?record_id= 1.2589.
584
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In FY 2023, the Agency requests an additional $118.0 thousand and 0.1 FTE to ensure EPA has
the capacity and technical expertise to investigate, analyze, sample, test, and transport
hydrofluorocarbons (HFCs). Effective enforcement relies on the best available science.
In FY 2023, NEIC will support the President's directive to deliver environmental justice (EJ) to
communities across America and to hold polluters accountable for their actions. To achieve these
goals, the Agency will employ NEIC's environmental forensics expertise to investigate violations
of environmental statutes and prosecute environmental crimes in communities that are
disproportionally affected by pollution and environmental crime, and to target those areas more
effectively. Additionally, the budget supports critical climate change initiatives, including
forensics support of climate change enforcement efforts both in civil and criminal enforcement.
This is vital to EPA's ability to enforce the hydrofluorocarbons (HFCs) phase down regulations
which are imperative to reducing climate impacts. NEIC will be making significant investments
to assist with HFC-related enforcement capabilities, including inspector training, acquisition of
field sampling equipment, and expansion of laboratory analytical capabilities to the meet the
urgent demand for highly complex HFC analysis.
In FY 2023, NEIC will continue to streamline its forensics work and identify enhancements to the
Agency's sampling and analytical methods, using existing and emerging technology. NEIC
supports EJ by targeting critical industry inspections in overburdened, underserved, and vulnerable
communities, and utilizes the data we collect to work with the EPA regional office to take
enforcement action that could ultimately improve air and water quality in such communities.
The NEIC also will build on its previous progress to maximize the efficiency and effectiveness of
its operations, reduce the time for completion of civil inspection reports, improve procurement
processes, and continue to identify and implement further efficiencies in laboratory operations. Of
paramount importance, NEIC will build on the work completed in FY 2021 and FY 2022 to support
criminal and civil program efforts to combat climate change. The results of these efforts will
inform EPA's work in FY 2023 and beyond.
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):
• (+$37.0) 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.
• (+$81.0 / +0.1 FTE) This program increase will ensure EPA has the capacity and technical
expertise to investigate, analyze, sample, test, transport, and store HFCs. This investment
includes $18.0 thousand in payroll.
585
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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); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA); American Innovation Manufacturing Act.
586
-------
Superfund: 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
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Total Budget Authority
$164,461
$156,773
$166,487
$9,714
Total Workyears
740.4
771.3
771.8
0.5
Program Project Description:
The Superfund Enforcement Program protects communities by ensuring prompt site cleanup by
using an "enforcement first" approach that maximizes the participation of liable and viable parties
in performing and paying for cleanups and preserving federal dollars for sites where there are no
viable contributing parties. In both the Superfund Remedial and Superfund Emergency Response
and Removal Programs, the Superfund Enforcement Program obtains potentially responsible
parties' (PRPs) commitments to perform or pay for cleanups through civil, judicial and
administrative site actions. The Superfund Enforcement Program works closely with the
Superfund Remedial and Superfund Emergency Response and Removal Programs and the U.S.
Department of Justice (DOJ) to combine legal and technical skills to bring enforcement actions
and address emerging issues.
The Superfund Enforcement Program:
• Obtains cleanup commitments from responsible parties and other third parties, thereby
providing long-term human health and environmental protections and making contaminated
properties available for reuse.
• Negotiates site cleanup agreements and, where necessary, takes enforcement actions to require
cleanup and recover costs, thereby preserving federal taxpayer dollar for sites where there are
no viable contributing parties.
• Develops cleanup enforcement policies.
• Provides guidance and tools that clarify potential environmental cleanup liability, with specific
attention to the cleanup, reuse, and revitalization of contaminated properties.
In FY 2021, the Superfund Enforcement Program secured commitments for cleanup and cost
recovery and billed parties for oversight costs, all totaling more than $2.1 billion. The use of
Superfund enforcement tools resulted in cleanup and redevelopment at 153 private party sites in
FY 2021.
587
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Payments for cleanups, in addition to the performance of cleanup work, help accomplish cleanup
efforts. Payments may be paid into special accounts, which may be created when EPA receives
funds as part of a settlement agreement. Funds received in settlements with PRPs are then used to
clean up the specific Superfund sites that were the subject of the settlement agreement. Having the
ability to use special accounts provides needed cleanup dollars at many sites that otherwise may
not have received funding absent EPA's enforcement efforts. In FY 2021, EPA created 135 special
accounts and collected $221.9 million for response work. The Agency disbursed or obligated
$217.0 million from special accounts for response work (excluding reclassifications).
The Superfund Enforcement Program continues to encourage and facilitate PRPs' expeditious and
thorough cleanup of sites, to create oversight efficiencies, and to promote the redevelopment and
reuse of sites by encouraging PRPs to invest in reuse outcomes. In addition, the Superfund
Enforcement Program encourages new private investment in the cleanup and reuse of sites by
optimizing tools to encourage third-party investment. EPA also works to ensure that legally
enforceable institutional controls and financial assurance requirements are in place at Superfund
sites to ensure the long-term protectiveness of Superfund cleanup remedies.
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, the Agency requests an additional $9.7 million and 0.5 FTE to strengthen EPA's
Superfund Enforcement Program, complement work in the Superfund Remedial and Superfund
Emergency Response and Removal programs, provide financial support for DOJ to pursue judicial
actions to compel PRP cleanup, and support possible actions in response to per- and
polyfluoroalkyl substances (PFAS) releases at federal facilities. EPA will continue its work to
achieve prompt site cleanup, maximize the work participation by PRPs, and secure private party
funding of cleanups. In addition, the Agency will prioritize its efforts on the most significant sites
in terms of human health and environmental impact. To support the Agency's focus on
environmental justice and climate change, the Superfund Enforcement Program intends to:
• Require Responsible Parties to Take Early Cleanup Actions
• Ensure Prompt Cleanup Actions by Responsible Parties
• Develop Robust Enforcement Instruments That Address Impacts on Communities and
Climate Change Vulnerabilities
• Increase Oversight of Enforcement Instruments
• Build Trust and Capacity Through Community Engagement
• Integrate sustainability principles into enforcement tools, policies, and guidance used for
the cleanup and reuse of contaminated sites.
588
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The Agency will continue its efforts to establish special accounts to facilitate cleanup. As special
account funds may only be used for sites and uses specified in the settlement agreement, both
special account resources and annually appropriated resources are critical to the Superfund
Program to clean up Superfund sites. In addition, the Agency will work under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) to address per- and
polyfluoroalkyl substances (PFAS) contamination by gathering information to support possible
actions under multiple statutory authorities in response to PFAS releases.
DOJ's participation in CERCLA cases is statutorily mandated for settlements related to remedial
action cleanups, most cost recovery settlements, and is required for all judicial enforcement
matters. DOJ's support will be prioritized to negotiate and to enter consent decrees with PRPs to
perform remedial actions, to pursue judicial actions to compel PRP cleanup, and to pursue judicial
actions to recover monies spent in cleaning up contaminated sites. EPA provides financial support
to DOJ for these activities. In FY 2023, EPA proposes an appropriations language change to
provide up to 11 percent from the Superfund Enforcement program to DOJ through a transfer. This
change is being requested to assist in the support of DOJ's salaries and expenses for legal activities
under CERCLA.526
Cost Recovery Support
In FY 2023, the Agency also will continue to standardize and streamline the financial management
processes for the financial management aspects of Superfund cost recovery and the collection of
debt to the federal government. EPA's financial, programmatic, and legal offices will continue to
maintain the accounting and billing of Superfund oversight costs attributable to responsible parties.
These costs represent EPA's cost of overseeing Superfund site cleanup efforts by responsible
parties as stipulated in the terms of settlement agreements. In FY 2021, the Agency collected
$249.9 million in cost recoveries, of which $43.7 million were returned to the Superfund Trust
Fund and $206.2 million were deposited in site-specific, interest-bearing special accounts.
The Agency will continue to pursue an "enforcement first" approach that maximizes PRP
participation at Superfund sites by performing enforcement activities such as conducting PRP
searches, negotiating site-specific settlements, and preparing cost recovery packages. These
activities ensure that responsible parties conduct or pay for cleanups and preserve federal dollars
for sites where there are no viable contributing parties. EPA also will work to increase
opportunities for community engagement.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
526 These resources shall only be used for DOJ's salaries and expenses directly related to supporting EPA's Superfund/CERCLA
Enforcement Program.
589
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$5,806.0) 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.
• (+$93.0 / +0.5 FTE) This program increase will be used to gather information about PFAS
contamination and releases, and to support possible actions by the Agency. This investment
includes $87.0 thousand in payroll.
• (+$3,815.0) This program increase will be used to strengthen the Agency's Superfund
Enforcement Program, complement work in the Superfund Remedial and Superfund
Emergency Response and Removal programs, provide financial support for DOJ to pursue
judicial actions to compel PRP cleanup, and to pursue judicial actions to recover monies
spent in cleaning up contaminated sites.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
590
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Superfund: Federal Facilities 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
Utizurthms Substance Siiperjuml
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Total Budget Authority
$6,974
$7,424
$9,863
$2,439
Total Workyears
34.6
40.9
45.2
4.3
Program Project Description:
EPA's Superfund Federal Facilities Enforcement Program ensures that sites where federal entities
are performing Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA or "Superfund") responses and/or CERCLA sites with federal ownership are monitored
and that appropriate enforcement responses are pursued. After years of service and operation, some
federal facilities are contaminated with hazardous wastes, pollutants, and contaminants, such as
unexploded ordnance, radioactive wastes, and other toxic substances. Enforcement actions can
facilitate cleanup and potential redevelopment of these sites.
Pursuant to CERCLA Section 120, EPA must enter into Interagency Agreements, commonly
referred to as Federal Facility Agreements (FFAs), with responsible federal entities to ensure
protective and timely cleanup of their National Priorities List (NPL) sites. The agreements provide
that EPA will oversee the cleanups to ensure that they protect public health and the environment.
These FFAs govern cleanups at 174 federal facility Superfund sites, which include many of the
nation's largest and most complex cleanup projects.
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, the Agency requests an additional $2.4 million and 4.3 FTE to complement work in
the Superfund Federal Facilities Program and to support possible actions in response to per- and
polyfluoroalkyl substances (PFAS) releases at federal facilities. EPA will continue to focus its
resources on the highest priority sites, particularly those that may present an imminent and/or
substantial endangerment, have human exposure not yet under control, have the potential for
beneficial redevelopment, or have an impact on communities with environmental justice concerns.
EPA also will negotiate and amend, as appropriate, FFAs for federal facility sites on the NPL. EPA
will work with federal agencies to encourage greater community outreach and transparency. EPA
will continue to monitor FFAs for compliance, take enforcement actions at priority sites, and
expedite cleanup and redevelopment of federal facility sites. EPA will use alternative dispute
591
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resolution processes and other approaches to expeditiously resolve formal and informal disputes.
EPA also will continue to seek ways to improve its engagement with other federal agencies, and
state, tribal, and local governments and their partners, emphasizing protective, timely cleanups that
address communities' needs.
The Agency also will work to address PFAS contamination by gathering information to support
possible actions under multiple statutory authorities in response to PFAS releases. Federal facilities
(e.g., military bases and Department of energy sites) are starting to take action at their PFAS-
contaminated NPL sites. As federal agencies conduct their work at their federal facility NPL sites,
CERCLA requires EPA to oversee the work. An increased investment for EPA's Superfund
Federal Facilities Program will support EPA's efforts to oversee the increasing number of initiated
remedial investigations projected to occur at federal facilities in the coming years to ensure the
expeditious action to address PFAS releases.
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):
• (+$306.0) 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.
• (+$2,133.0 / +4.3 FTE). This program increase will be used to complement work in the
Superfund Federal Facilities Program and to support possible actions in response to PFAS
contamination at federal facilities. This investment includes $759.0 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); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) § 120.
592
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Environmental Justice
593
-------
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
Environmental Programs & Management
$10,343
$11,838
$294,938
$283,100
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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, underserved, 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. The Program provides
financial and technical assistance to communities working constructively and collaboratively to
address EJ issues. The EJ Program also works with local, state, tribal, and federal governments;
community organizations and their stakeholders; business and industry; and academia to establish
partnerships seeking to achieve protection from environmental and public health hazards for
people of color, low-income, and indigenous communities at or near Superfund sites.
Work in this Program directly supports Administrator Michael Regan's message "Our
Commitment to Environmental Justice" issued on April 7, 2021,527 in addition to supporting
implementation of Executive Order (EO) 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government,528 and EO 14008, Tackling the
Climate Crisis at Home and Abroad.529 In accordance with the American 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 the EPA's website.530 The Superfund portion of this
Program has focused on issues that affect people of color, low income, and indigenous
communities at or near Superfund sites. The EJ Program complements the Agency's community
outreach and other work done under the Superfund Program at affected sites.
527 For more information, please see: https://www.epa.gov/newsreleases/epa-admiiiistrator-regan-amiouaces-new-initiatives-
support-environmental-justice-and.
528 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/.
529 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/.
530 For more information on EPA's regional office contacts, please see: https://www.epa.gov/environmentaljustice/forms/contact-
us-about-environmental-justice.
594
-------
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.
EPA will continue to implement EJ activities in support of the Superfund Program. The EJ
Program will continue to promote the active engagement of community-based organizations, other
federal agencies, and tribal, state, and local governments to recognize, support, and advance
environmental protection and public health for overburdened communities at or near Superfund
sites. The EJ Program will guide EPA's efforts to empower communities to identify and develop
solutions to address environmental harms, working to utilize nationally consistent data that
combines environmental and demographic indicators in mapping and prioritizing communities
with EJ concerns at or near Superfund sites. These efforts help build healthy and sustainable
communities through technical assistance, enabling overburdened and vulnerable communities to
participate in the new green economy while also better facilitating EPA efforts to further focus
federal resources and program design to benefit communities with EJ concerns and those most at
risk of climate change impacts at or near Superfund sites.
The EJ Program will continue to partner with and support other agency programs in their efforts
to fully integrate EJ considerations into all of EPA's policies, programs, and activities while also
better developing nationally consistent data that combines environmental and demographic
indicators in mapping and prioritizing communities with EJ concerns at or near Superfund sites.
Performance Measure Targets:
Work under this program supports performance results in the Environmental Justice Program
under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$65.0) 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.
• (+$4,985.0 / +2.0 FTE) This program change increases resources to support the
development and implantation of a cross-agency effort to advance environmental justice
and coordinate EJ activities. This investment includes $393.0 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); and Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
595
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Homeland Security
596
-------
Homeland Security: Preparedness, Response, and Recovery
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
Science & Technology
$21,877
$24,852
$25,890
$1,038
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Total Budget Authority
$53,774
$57,872
$69,686
$11,814
Total Workyears
127.2
124.1
125.8
1.7
Program Project Description:
EPA leads or supports many aspects of preparing for and responding to a nationally significant
incident involving possible chemical, biological, radiological, and nuclear (CBRN) agents. The
Homeland Security Preparedness, Response, and Recovery Program implements a broad range of
activities for a variety of federal efforts, including:
• National trainings;
• Participation in national interagency exercises with federal and state partners;
• Support for headquarters and regional Emergency Operations Centers;
• Support for the Agency's continuity of operations devolution site in the EPA Colorado
office;
• Enhancements for national information technology systems;
• Secured warehouse space for homeland security operations and storage; and
• Laboratory analyses of environmental samples and site decontamination projects.
EPA's homeland security effort develops these responsibilities through research and maintaining
a level of expertise, training, and preparedness specifically focused on threats associated with
CBRN. This work is consistent with the Department of Homeland Security's (DHS') National
Response Framework.
EPA assists with multi-media training and exercise development and implementation for
responders, which establishes and sustains coordination with states, local communities, tribes, and
other federal agencies (OF As). The Agency also provides technical assistance to OF As, including
DHS, the Department of Defense (DOD), the Department of Justice (DOJ), and the Department of
Health and Human Services (HHS), in the areas of environmental characterization,
597
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decontamination, and waste disposal methods. In addition, the program operates a national
environmental laboratory for chemical warfare agents and implements EPA's National Approach
to Response.
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 Homeland Security Preparedness, Response, and Recovery Program will:
• Participate in trainings and exercises on CBRN preparedness and response topics with key
federal response partners (e.g., DHS, DOD, and DOJ) on select inter-agency workgroups.
• Target exercises to improve preparedness for communities with environmental justice
concerns and increase incorporation of environmental justice into preparedness activities.
• Provide expertise on detection, environmental characterization, decontamination, and
waste disposal methods following the release of a CBRN agent.
• Maintain operational support for the Emergency Management Portal and WebEOC
response systems.
• Conduct research to enhance response capabilities by developing methods, tools, and
information for site characterization, decontamination, waste management, and clearance
for priority chemical, biological, and radiological threats while reducing time and cost and
ensuring safety.
• Conduct research to generate resources, tools, and training for risk communication,
outreach, building relationships, and community engagement to empower under-resourced
communities and communities with environmental justice concerns.
• Proceed with the development of sample collection protocols and analysis methods for
inclusion in the Environmental Sampling & Analytical Methods (ESAM)531 on-line tool.
The ESAM detection, sampling, and analysis tool helps local, state, tribal, and federal
emergency response field personnel and their supporting laboratories more efficiently
respond to incidents, enabling smooth transitions of samples and data from the field to the
laboratory to the decision makers.
• Utilize the Airborne Spectral Photometric Environmental Collection Technology
(ASPECT) aircraft. ASPECT aids first responders by providing aerial surveillance
screening for wide-area chemical, radiological, and nuclear detection, as well as infrared
and advanced imagery products with real-time data delivery. ASPECT is pursuing a multi-
531 For more information, please see: https://www.epa.gov/esam.
598
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year strategic modernization and is poised to support relevant climate crisis and
environmental justice missions.
• Operate and enhance the Portable High-Throughput Integrated Identification System
(PHILIS). PHILIS units provide the Nation with mobile analytical "all hazards"
confirmatory labs (qualitative and quantitative) with unique capability to analyze chemical
and biological warfare threat agents. PHILIS provides on-scene, high-throughput analyses
of air, soil, and water samples in areas that have experienced a significant incident. PHILIS
can support risk mitigation of contaminated sites which face climate change impacts and
affect disadvantaged communities by mobilizing laboratory capabilities to areas of need.
• Significantly overhaul the aging PHILIS capability. This modernization will upgrade the
platform (mobility) and the laboratory (analytical equipment). The platform replacements
will provide greatly improved long-distance mobility, reliability, maintenance and
operating costs, and operational uniformity. The equipment investment will procure state-
of-the-art systems to increase overall automation, throughput, and sensitivity of the PHILIS
assets as well as bring parity in capabilities between the two ("East" and "West") PHILIS
labs.
• Maintain a highly skilled, well-trained, and well-equipped response workforce that has the
capacity to respond to simultaneous incidents as well as threats involving CBRN
substances. This includes training On-Scene Coordinators and volunteers of the Response
Support Corps (RSC) and members of Incident Management Teams. RSC volunteers
provide critical support to headquarters and regional Emergency Operations Centers and
assist with operations in the field. To ensure technical proficiency, this cadre of response
personnel requires initial training and routine refresher training.
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):
• (+$511.0) 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.
• (+$150.0) This program change is an increase in resources to support the protection of
fenceline communities at risk from nearby oil and chemical facilities and underground
storage tank releases.
• (+$10,000.0) This program change is an increase in resources to replace outdated PHILIS
equipment. These funds will allow the program to complete a PHILIS equipment upgrade,
update all mobile lab technology, and replace vehicle platforms.
599
-------
• (+$112.0) This program change is an increase in resources to support core work in
Homeland Security: Preparedness and Response activities.
• (+$3.0) This program change is an increase in resources for research to enhance response
capabilities by developing methods, tools, and information for site characterization and
decontamination.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act, §§ 104, 105, and 106;
Homeland Security Act of 2002.
600
-------
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
Environmental Programs & Management
$4,915
$4,959
$5,139
$180
Science & Technology
$500
$501
$501
$0
Building and Facilities
$7,006
$6,676
$6,676
$0
Hazardous Substance Sn/>i'r/niitl
SX-15
S 1.030
.S I.>30
S500
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:
The federal government develops and maintains Continuity of Operations (COOP) plans and
procedures that provide for the continued performance of its essential functions. The Homeland
Security COOP Program works with other government and non-government organizations to
ensure that Mission Essential Functions (MEFs) and Primary Mission Essential Functions
(PMEFs) continue to be performed during emergency situations. The Department of Homeland
Security/Federal Emergency Management Agency's (FEMA) Federal Continuity Directive-1
requires EPA to develop a continuity plan that ensures its ability to accomplish its MEFs from
an alternate site, during a national disaster, continues and that the Agency be able to do so with
limited staffing and without access to resources available during normal activities.
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, EPA will:
• Expand efforts under FEMA's Federal Mission Resiliency (FMR) directives including
assessment of the FMR strategy, building upon existing National Continuity Policy,
updating training and exercise materials to incorporate FMR constructs, and developing
assessment tools to measure progress.
• Conduct selected annual reviews of regional COOP plans, PMEFs and MEFs, and make
updates as needed.
601
-------
• Monitor the continuity programs across the Agency, focusing on testing, training, and
exercises as related to general COOP awareness and procedures.
• Undergo a monthly evaluation of the headquarters' COOP Program, including program
plans and procedures, risk management, budgeting, and essential functions. Further,
FEMA will perform an in-person biannual review of EPA's COOP Program and provide
the results to the Administrator and to the Executive Office of the President.
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):
• (+$500.0) This program change is an increase in resources to support EPA's COOP
implementation and training.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act §§ 104, 105, 106;
Intelligence Reform and Terrorism Prevention Act of 2004; Homeland Security Act of 2002;
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).
602
-------
Indoor Air and Radiation
603
-------
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
Environmental Programs & Management
$8,283
$7,661
$10,588
$2,927
Science &. Technology
$1,645
$1,735
$2,224
S489
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-------
More specifically, these organizations focus on providing technical support and high-quality data
to support agency decisions at sites across the country. They also develop guidance for cleaning
up Superfund and other sites that are contaminated with radioactive materials.
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):
• (+$88.0) 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.
• (+$192.0) This change to fixed and other costs is an increase due to the recalculation of lab
utilities.
• (+$607.0 / +2.4 FTE) This program change is an increase in program capacity for activities
such as analytical and field support to manage and mitigate radioactive releases and
exposures at contaminated sites. This investment includes $400.0 thousand in payroll costs
and essential workforce support costs.
Statutory Authority:
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
605
-------
Information Exchange / Outreach
606
-------
Exchange Network
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
Environmental Programs &. Management
$13,713
SI 4.084
$14,413
$329
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$1,511
SI..12S
si,.12 a
$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)532 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 FY2022 - 2026EPA 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
532 For more information on the Central Data Exchange, please see: https://cdx.epa.gov/.
607
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supports business process change agencywide. Under this strategy and the 21st Century Integrated
Digital Experience Act,533 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 support 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.534
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 is the Agency's
effort to promote the adoption of data services is the integration of 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
533 For more information on the 21st Century Integrated Digital Experience Act, please refer to:
https://wvyw.congress.gov/115/plaws/publ336/PLAW-l 15publ336.pdf.
534 For more information, please see: https://ofmpub.epa.gov/sor_jiiteniet/registiy/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 maintain TRIBES, SRS, and the Registry of EPA Applications, Models and
Data Warehouses (READ) in 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):
• There is no change in program funding.
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).
609
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IT/ Data Management/ Security
610
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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
Environmental Programs &. Management
S6.765
$8,285
$23,739
$15,454
Utizurtlims Substance Siiperjuml
$752
SfO'J
s ".ssy
$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, availability, and integrity 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 Cybersecurity,535
Cybersecurity is a serious challenge to the 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 $7.2 million. 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
capabilities that protect and defend the most sensitive systems and information, including those
535 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/.
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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)536 metrics and evaluate related processes, tools, and personnel to identify areas of
weakness and opportunities for improvement. EPA's CIO, who also is the Senior Agency Official
for Privacy (S AOP), in coordination with the Chief Information Security Officer, will continue to
monitor and report on these metrics, in line with Office of Management and Budget Memorandum
(OMB) M-22-05 Fiscal Year 2021-2022 Guidance on Federal Information Security and Privacy
Management Requirements.537
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.538 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,539 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,540 EPA will continue to review and improve controls across several
536 Including those found in Federal Information Security Modernization Act of 2014 and Federal Information Security
Cybersecurity Act of 2015.
537 For more information, please see https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-05-FY22-FISMA-
Guidance.pdf.
538 For more information, please see: https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final.
539 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/08/M-21-30.pdf.
540 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2022/Ql/M-22-Q9.pdf.
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pillars as outlined in 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 resilient 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).541 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 an Insider
Threat Program for the unclassified network to monitor Privileged Users and Systems
Administrators activity, as recommended by several cybersecurity assessments,542 and to monitor
and report on EPA networks and systems.
By moving towards using 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
541 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf.
542 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/docunients/_epaoig_201.71.030-1.8-P-0031. .pdf.
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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,543 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 Agency's Incident Response procedures in compliance with the 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,544 the Agency's Security Operations Center will work to the Agency's Security
Operations Center will 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 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 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
543 For more 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.
544 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/10/M-22-01.pdf.
614
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integrate mobile device discovery to expand program capabilities. In FY 2023, EPA estimates a
$13.4 million budget for the CDM Program.
Supply Chain Risk Management:
In FY 2023, EPA will continue to develop the Agency's program to implement Cybersecurity
Supply Chain Risk Management Security Controls to comply with the Government Accountability
Office (GAO) findings545 and NIST 800-53 Rev 5 Security and Privacy Controls for Information
Systems and Organization,546 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 Executive Order 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
1 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
1 Established
(PM ALR) Implementation of advanced event logging requirements (EL3)
across EPA networks.
FY 2022
Target
FY 2023
Target
ELI
EL3
545 Government Accountability Office Report on information and communications technology (ICT) Supply Chain: GAO-21-
164SU.
546 For more information, please see: https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/fiiial.
615
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$7,200.0) This program change supports enhancements to protect the Agency's
information technology infrastructure and advance the implementation of Executive Order
14028: Improving the Nation's Cyber security. This investment will increase EPA's
information technology resiliency and limit vulnerabilities in the event of a malicious
attack.
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).
616
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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
Environmental Programs & Management
$74,013
$82,715
$98,452
$15,737
Science & Technology
S2.782
S3.072
S3.195
SI 23
Utizurthms Substance Siiperjuml
S 20.VS-/
SIS.X20
SIO.W-/
$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 and is allocated across
strategic goals and objectives in the FY2022 - 2026EPA Strategic Plan.
EPA requests $1.6 million in FY 2023 to establish a dedicated funding source for the maintenance
and modernization of the Agency's 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, which leaves EPA vulnerable to cybersecurity threats, and can
disrupt operations.
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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 Records547 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.548
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
2021,549 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 modern 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.
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
547 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploads/201.9/08/M-1.9-21.-new-2 .pdf.
548 For more information, please refer to EO 13556: https://www.federalregister.gOv/documents/2010/l 1/09/2010-
28360/controlled-unclassified-iiifoniiation.
549 For additional information, please refer to: https://fitara.nieritalk.com/.
618
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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 complete 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.
Performance Measure Targets:
Work under this program supports performance results in the Information Technology /Data
Management Program under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$218.0) 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.
• (+$1,550.0) 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
619
-------
network degradation, leave EPA vulnerable to cybersecurity threats, and disrupt EPA
operations.
• (+$1,310.0) 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.
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
621
-------
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
FY 2022
Annualized
CR
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Environmental Programs & Management
$533
$864
$1,175
$311
Hazardous Substance Sn/>i'r/niitl
v».?r
S.S.12
S.SVi.S'
S .10
Total Budget Authority
$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 Superfund Program matters as an alternative to litigation.
The Program provides facilitation, mediation, public involvement, training, consensus building
advice and support, and legal counsel. The Program supports the use of ADR in the Superfund
Program's work with communities and Potentially 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 continue to provide conflict prevention and ADR services on Superfund
Program matters. This program also supports implementation of Executive Order (EO) 13985,
Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government.550
Specifically, ADR will:
• Continue to administer its five-year, $53 million Conflict Prevention and Resolution
Services contract. The contract supports more than 20 Superfund projects by providing
facilitators to work with Community Advisory Groups and is expected to take on an
additional 10-15 sites in FY 2023.
• Directly provide the above services through the conflict resolution specialists on staff. The
ADR Program expects to directly support agency programs and stakeholders by providing
facilitation of public meetings, mediation, or other consensus building support on two to
four Superfund projects.
550 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-government/.
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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 regional offices. Adapting to a virtual environment in FY 2021 has
allowed the ADR Program to reach Superfund Community Involvement Coordinators in
each of the 10 EPA regions 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 supporting the Superfund Program:
• Provided facilitation and mediation assistance for more than 30 Superfund projects, both
in HQ and in all EPA regions, including multiple sites with challenging community
engagement issues.
• Conducted a conflict assessment through in-depth community interviews prior to a large
public meeting for the Baird & McGuire Superfund Site in Region 1. The assessment report
summarized key stakeholder concerns to inform the public meeting agenda, and it provided
the site team with essential information about community concerns as they consider a
change to the site remedy.
• Provided facilitation services to support multi-party negotiations at the Pristine, Inc.
Superfund Site in Region 5. The facilitator conducted interviews and meetings with key
parties to address the status of remediation and facilitated sessions with the hydrogeologists
on site conditions and the current approach to remediation. The process reduced conflict
among the parties and led to a better understanding of options for future remediation.
• Provided training support for Superfund audiences, including a new conflict management
course for Remedial Project Managers at Federal Facility sites, a course on engaging
constructively in difficult conversations for all Superfund staff, and a requested short
training on the process of Appreciative Inquiry for Superfund Community Involvement
staff.
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):
• (+$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.
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• (+$3.0) This program change is an increase to support core capacity on Superfund Program
alternative dispute resolution matters.
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); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
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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
Environmental Programs &. Management
$55,700
S49.595
$76,855
$27,260
lltizurthms Substance Siiperjuml
$1,161
S-/-/.?
S-/0I
$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 representation, legal counseling, and
legal support for environmental activities under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). Funding supports legal advice needed in the
Superfund Program's extensive work to clean up contaminated sites, which advances
environmental justice for neighboring communities and supports EPA's state, tribal and local
partners. For example, the Program provides legal analysis and advice to help inform EPA's
decisions regarding the assessment of certain contaminants at a given Superfund site under federal
law, and a party's potential liability under CERCLA.
The Program supports EPA's Superfund work at thousands of sites spanning the wide array of
Superfund legal issues regarding removal and remedial cleanups costing billions of dollars. The
Program is essential to providing the high-quality legal work to ensure that EPA's decisions protect
human health and the environment.
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, EPA will prioritize its legal support capabilities for the Superfund Program in order
to assist with the Administration's priorities including: tackling the climate crisis, advancing
environmental justice, and supporting state, tribal and local partners. The Program will work to
support CERCLA activities and these priorities, to include: counseling on how to address
environmental justice and climate resiliency in EPA's remedy decisions at Superfund sites,
defensibility of agency actions, drafting significant portions of agency actions, and participating
in litigation in defense of agency actions.
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The Program will continue to provide key legal advice related to designating Per- and
polyfluoroalkyl substances (PFAS) as a CERCLA hazardous substance, an action that would
significantly advance environmental justice for communities across the country impacted by
PFAS. Legal review is critical to the Superfund Program at many points throughout the cleanup
process. This program also provides legal advice and counseling for final rules adding Superfund
sites to the National Priorities List (NPL), an important step in advancing cleanup at the Nation's
most contaminated sites. This benefits states, tribes, and local communities, who may not have
adequate resources to address these sites on their own.
The following are examples of recent favorable case outcomes and FY 2021 accomplishments,
which illustrate this program's important role in implementing the Agency's core priorities and
mission:
• Favorable Decisions in Superfund Litigation (Troy Chemical Corp. v. EPA, No. 14-1290
(D.C. Cir. November 13, 2020); State of NY v. EPA, l:19-cv-1029 (N.D.N.Y. Mar. 11,
2021); Resort Center v. EPA, No. 2:21-cv-00078 (D. Utah); and Tetra Tech v. EPA, No.
4:20-cv-08100 (N.D. Ca.)): Served as the Agency lead in successfully defending EPA
actions at four Superfund sites. In Troy, the Solid Waste and Emergency Response Law
Office (SWERLO) served as the Agency lead in the D.C. Circuit case challenging EPA's
placement of the Pierson's Creek Superfund site in Newark, New Jersey, on the Superfund
National Priorities List (NPL). The D.C. Circuit upheld EPA's listing. SWERLO also
served as the Agency lead in litigation by the State of New York challenging EPA's
issuance of a Certification of Completion to General Electric at the Hudson River PCBs
Superfund Site. The court dismissed New York's claims in total. In Resort Center,
SWERLO developed a successful defense that resulted in dismissal of multiple claims
(under CERCLA, takings and tort) related to the Richardson Flat site. Finally, SWERLO
served as the Agency lead in winning a motion to dismiss (without prejudice) a case related
to remedy selection at the Former Hunters Point Naval Shipyard.
• Legal Support on PFAS: Provided a significant amount of critical legal advice on a top
Administration priority of addressing PFAS contamination. SWERLO has counseled on
multiple issues, including designation of perfluorooctanoic acid (PFOA)/perfluorooctane
sulfonate (PFOS) as CERCLA hazardous substances, the use of CERCLA authority to
compel potentially responsible parties to address PFAS, the use of Resource Conservation
and Recovery Act (RCRA) corrective action authority for PFAS, and the impacts of
proposed legislation on EPA's authorities. SWERLO also represented EPA's interests in
the development of the U.S. litigating position in defensive litigation related to PFAS
contamination at military bases.
• Partial Favorable Decision in Gold King Mine litigation (Updated): (In re Gold King Mine
Release, No. l:18-md-02824, (D.N.M., May 13, 2021)). Served as the Agency lead in
multidistrict litigation in which New Mexico, the Navajo Nation, and individual plaintiffs
allege $300 million in damages related to the 2015 Gold King Mine release. Based on a
legal argument that SWERLO developed, the district court dismissed a novel Clean Water
Act claim for lack of jurisdiction due to EPA's ongoing CERCLA work at the Bonita Peak
Mining District Superfund Site. Additionally, SWERLO led EPA's efforts on fact
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discovery, overseeing collection of over a half-million documents, preparing EPA
employees for depositions, and responding to a motion for sanctions.
• Legal Support on briefs to Supreme Court: (Guam v. United States, No. 20-382, (S. Ct.
May 24, 2021) and FMC Corporation v. Shoshone-Bannock Tribes, No. 19-1143, (S. Ct.,
Jan. 11, 2021). Served as agency lead in representing EPA's interest to the Department of
Justice in the development of the U.S. position on a pending case and separate petition for
certiorari before the U.S. Supreme Court. The central issue in Guam was whether an EPA
consent decree (entered under the Clean Water Act) precluded Guam from seeking
contribution from the Navy under CERCLA. The case had significant implications for
EPA's enforcement program, and SWERLO worked diligently to develop the Agency's
legal position, coordinate with the enforcement program, the Superfund cleanup program
and the Region, and prepare the OGC Front Office for high-level discussions with DOJ on
the Agency's position. In FMC, SWERLO and the Cross-Cutting Issues Law Office
developed legal arguments for this complex case involving the intersection of
environmental response actions and Indian law.
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):
• (+$15.0) 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 provide legal representation, legal
counseling, and legal support for EPA's Superfund Program.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
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Operations and Administration
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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
T.caking I "ndorground Storage Tanks
$245
$132
$132
$0
Hazardous Substance Sn/>i'r/niitl
$23,380
S 23. S00
.S 32.3-15
$8,5-15
Total Budget Authority
$54,248
$56,179
$72,494
$16,315
Total Workyears
275.1
285.7
355.7
70.0
Program Project Description:
Superfund 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 FY2022 - 2026EPA Strategic Plan.
In FY 2023, the Agency requests an investment of $8.5 million and 35.0 FTE 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,551 while furthering Category Management implementation requirements. EPA
also will focus on establishing a comprehensive architecture for the Agency's supply chain as well
551 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/.
629
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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,552
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.
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:
552 For additional information, please see: https://www.whitehouse.gov/wp-contentAiploads/2021/12/M-22-03.pdf
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• 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.553 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
553 OMB-19-16 "Centralized Mission Support Capabilities for the Federal Government", for more information, please refer to:
https://www.whitehouse. gov/wp-content/uploads/201.9/04/M-1.9-1.6.pdf.
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Information Technology Acquisition Reform Act (FITARA)554 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):
• (+$2,241.0) 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.
• (+$6,304.0 / +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; and support "Made in America" initiatives.
This investment includes $6.27 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).
554 For additional information, please refer to: https://www.c0ngress.g0v/l 13/plaws/publ291/PLAW-
1.1. 3ituM29 1. ,pdf#page= 1.48%SI).
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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 Underground Storage Tanks
$343
$416
$448
$32
Hazardous Waste Electronic Manifest System Fund
$154
$0
$0
$0
Utizurtlims Substance Siiperjuml
S
S2t>.5f,l
S2tt.,Wf>
S2.2-/5
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 Superfund
Program. EPA's Office of the Chief Financial Officer (OCFO) supports this continuing partnership
by providing a full array of financial management support services and systems necessary to pay
Superfund bills and recoup cleanup and oversight costs for the Trust Fund. EPA's OCFO manages
Superfund activities under the Central Planning, Budgeting, and Finance Program in support of
integrated planning, budget formulation and execution, financial management, performance and
accountability processes, financial cost recovery, and systems to ensure effective stewardship of
Superfund resources. This program supports the requirements of the Government Performance and
Results Modernization Act (GPRMA) of 2010;555 Digital Accountability and Transparency
(DATA) Act of 2014;556 the Federal Information Technology Acquisition Reform Act (FITARA)
of 2015;557 the Federal Management Financial Integrity Act (FMFIA);558 and the Inspector
General Act of 1978, as Amended.559
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, 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
555 For more information, please see: https://www.congress.gOv/l 1.l/plaws/publ352/PLAW-l1. Ipubl352.pdf.
556 For more information, please see: fattps: //www.congress, gov/1.1.3/plaws/pubt 1.01. /FLAW-1.1.3pubt 1.01. .pdf.
557 FITARA became law as a part of the National Defense Authorization Act for Fiscal Year 2015 (Title VIII, Subtitle D),
https://www.congress.gov/113/plaws/publ291/PLAW-l 13publ291.pdf.
558 For more information, please see: https://www.govinfo.gov/content/pkg/STATUTE-96/pdf/STATUTE-96-Pg814.pdf.
559 For more information, please see: https://www.govinfo.gov/content/pkg/STATUTE-92/pdf/STATUTE-92-Pgl 1.01.pdf.
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consistently delivered nationwide, and programs demonstrate results. EPA will maintain key
planning, budgeting, and financial management activities. 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 is reviewing its financial systems for
modernization opportunities to support greater efficiencies and effectiveness and targeting legacy
systems for replacement. 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 also will continue to standardize and streamline business processes and
operations to promote transparency and efficiency. The Program will apply Lean Management
techniques and leverage input from customer-focused councils, advisory groups, and technical
workgroups to continue improving as a high-performance organization. For example, because of
EPA's new Superfund billing process, by the end of FY 2021, 94 percent of all Superfund bills to
potentially responsible parties were submitted within 100 days and, on average, it only took 63
days to complete a bill. These improvements will continue, into the future to allow for quicker
reimbursement of EPA expenses on Superfund clean-up efforts. Additionally, 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. 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.
Through FY 2022 and 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 the
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 goal is to fully implement G-invoicing for new and existing agreements
by the Treasury mandated date of October 1, 2023.
In FY 2023, the Program also will continue to focus on core responsibilities in the areas of strategic
planning and budget preparation, financial reporting, transaction processing, and Superfund Cost
Recovery. In FY 2022, EPA plans to deploy the eRecovery system for Superfund, Federal
Emergency Management Agency, and Oil Spill billing and cost recovery. This new system
modernizes and replaces the legacy system and improves functionality and security. In FY 2023,
EPA will decommission the legacy cost recovery system, Superfund Cost Recovery Package
Imaging and On-line System (SCORPIOS) and deploy a minor release of eRecovery to address
any user concerns noted during the FY 2022 implementation. The Program will continue to
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implement FITARA requirements in accordance with EPA's Implementation Plan.560 The Chief
Information Officer will continue to be engaged throughout the budget planning process to ensure
that information technology (IT) needs are properly planned and resourced in accordance with
FITARA. In addition, the Program will continue work to implement the OMB-mandated
framework under Technology Business Management (TBM) to create transparency under IT
resource management and facilitate data-driven decision-making and communication between IT
and finance.
EPA 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 Agency
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.
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),561 and OMB Memorandum M-21-19 Appendix
C,562 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 any additional
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
tracking and reporting, performance measures and internal controls that will be established to
prevent and detect possible improper payment activities.
Performance Measure Targets:
Work under this program supports performance results in the Central Planning, Budgeting, and
Finance Program under the EPM appropriation.
560 For more information please see: http://www.epa.gov/open/fitara-mplementation-plan-and-chief-iiifoniiation-officer-
assignment-plan.
561 For more information, please see: https://www.c0ngress.g0v/l 16/plaws/publl 17/PLAW-l 16publl 17.pdf.
562 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/03/M-21-19.pdf.
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,637.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE from annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
• (+$608.0 / +0.4 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
workload on grant payments and provide essential workforce support, training and working
capital fund needs. This investment includes $70.0 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); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
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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
Leaking Underground Storage Tanks
$932
$836
$724
-$112
Inland Oil Spill Programs
$628
$682
$641
-$41
lltizurthms Substance Snpi'r/nii
-------
million for rent, $2.24 million for utilities, and $8.95 million for security in the Superfund
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,
and Region 10 Laboratory-Manchester. EPA will initiate all high-priority projects within 24
months 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.,
electrical, water/steam, HVAC) is necessary to meet the Administration's climate sustainability
goals. Additionally, in 2023, EPA will continue to 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
completed.
FY 2022
Target
FY 2023
Target
2
5
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$213.0) 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.
• (+$2,279.0 / +1.0 FTE) This program change is an increase to support EPA facilities
projects that will ensure EPA has optimal footprint to support the proposed FTE increase
in the FY 2023 Budget request and agencywide climate sustainability and resiliency
initiatives. It is offset by a net decrease from the recalculation of rent, utilities, and security,
and transit subsidy costs needs. This investment includes $175.0 thousand 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).
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
Environmental Programs & Management
$27,294
$25,430
$33,040
$7,610
Utizurtlims Substance Siiperjuml
S -1.22-1
S 3.210
S-U03
SI.IV3
Total Budget Authority
$31,518
$28,640
$37,443
$8,803
Total Workyears
137.0
139.5
184.5
45.0
Program Project Description:
Superfund 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 that 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. These
objectives are critically important for the Superfund program, as a substantial portion of the
Program is implemented through IAs with the U.S. Army Corps of Engineers and the U. S. Coast
Guard.
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, EPA requests an additional investment of $1.19 million and 5.0 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.
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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
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 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
records 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):
• (+$240.0) 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.
• (+$953.0 / +5.0 FTE) This program change will support technical assistance and outreach
to first time recipients of federal funding; improve capacity for oversight and tracking of
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new and increased grant investments; and the timely processing of financial assistance
agreements. This investment includes $889.0 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); 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
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Environmental Programs &. Management
$48,256
$46,229
$66,087
$19,858
Utizurtlims Substance Siiperjuml
$7,200
S/i.202
$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:
Superfund 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. These
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 FY2022 - 2026EPA Strategic Plan.
In FY 2023, the Agency requests an additional investment of $2.27 million and 12.8 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 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, EPA will implement the actions identified in the DEIA Strategic Plan to
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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, hosting 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
Environment,564 including designation of remote work status to certain positions, providing work
schedule flexibilities, and increasing the use of telework. EPA will strive to be a model federal
564 For additional information, please see: https://www.whitehouse.gov/wp-contentAiploads/2021/06/M-21-25.pdf
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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,565 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
Policymaking,566 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
565 For additional information, please see: https://www.whitehouse.gov/briefuig-room/presidential-actions/2021/01/22/executive-
order-protecting-the-federal-workforce/.
566 For additional information, please see: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/01/27/memorandum-on-restoring-trust-in-govemment-through-scientific-integrity-and-evidence-based-
policymaking/.
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reflect the diversity of America in terms of gender, race, ethnicity, geography, and other
characteristics.
Performance Measure Targets:
Work under this program supports performance results in the Human Resources Management
Program under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$685.0) 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.
• (+$948.0 / +12.0 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 $840.0
thousand in payroll.
• (+$360.0) 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.
• (+$281.0 / +0.8 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 $137.0 thousand 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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Research: Chemical Safety and Sustainability
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Health and Environmental Risk Assessment
Program Area: Research: Chemical Safety for Sustainability
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
S3 5.251
$37,482
$42,355
$4,873
Utizurthms Substance Siiperjuml
$3,654
$12.,S'.V
S-/.SV0
-$7,928
Total Budget Authority
$38,905
$50,306
$47,251
-$3,055
Total Workyears
163.3
154.9
174.9
20.0
Program Project Description:
EPA's Health and Environmental Risk Assessment (HERA) Program is focused on the science
and practice of assessments that inform decisions made by EPA and others, including states and
tribes. These assessments provide the scientific basis for decisions under an array of environmental
laws including the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA). HERA supports the risk assessment needs of the Agency's Superfund Program and
regional risk assessors. With funding from Superfund, the HERA Research Program provides
Provisional Peer-Reviewed Toxicity Values (PPRTVs) and other 'fit-for-purpose' assessments to
respond to emergent scenarios, and technical support on the application of human health and
ecological risk assessment practices at hazardous waste sites for Superfund. These assessment
tools and activities support risk-based management decisions at contaminated Superfund and
hazardous waste sites.
The HERA Research Program supports the Agency's mission to protect human health and the
environment by identifying and characterizing the health hazards of chemicals of concern to the
Superfund Program and responding to technical requests on topics relevant to human health or
ecological risk assessment at hazardous waste sites. Scientists in the HERA Research Program
synthesize available scientific information on the potential health and environmental impacts of
exposures to individual chemicals and chemical mixtures in the environment, such as per- and
polyfluoroalkyl substances (PFAS). PPRTVs and other HERA assessments are an important
source of toxicity information and toxicity values to ensure improvements in human health and the
environment in communities near Superfund sites.
Priorities for PPRTV development are based on the needs of the Agency's Land and Emergency
Management Program, with input from Agency regional offices, and are evaluated annually.
HERA research areas include applying new data streams; read-across approaches and
computational tools; enhancement of supporting data/knowledge bases; and efficiency of
derivation for PPRTV values.
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There are over 1,300 Superfund sites on the National Priorities List.567 Communities near
Superfund sites or in emergency situations are faced with an urgent need for coordinated assistance
to assess and address issues of environmental contamination. The HERA Research Program
anticipates environmental contamination issues and develops new assessment approaches to
enhance rapid response and screening capabilities and to augment toxicity value derivation
procedures for health assessments.
Recent Accomplishments of the HERA Research Program include:
The HERA Research Program has been developing assessment products to inform science-based
decision-making, enhance timely responses, improve screening capabilities, and augment toxicity
value derivations for use in risk assessments.
• Portfolio of Chemical Assessments: In FY 2021, nine PPRTV assessments were finalized,
and HERA anticipates delivering at least nine additional high-priority PPRTV assessments in
FY 2022568 based on the needs and priorities of EPA's Superfund Program. HERA also
supports the needs of EPA's Land and Emergency Management Program through the
development of other assessment products of priority chemicals, such as PFAS,
polychlorinated biphenyls, methylmercury, hexavalent chromium, and inorganic arsenic.569
• Advancements in Lead Modeling: In FY 2021, HERA, in coordination with EPA's Land and
Emergency Management Program, released updates to the Integrated Exposure Uptake
Biokinetic (IEUBK) model to support lead biokinetic modeling in children. HERA anticipates
finalizing updates to the All-Ages Lead Model (AALM) in the fall of 2022 which will include
improved lead biokinetic modeling in adults and children.
• Technical Support: HERA responds to ongoing requests for scientific support on human and
ecological assessment via the Superfund Health Risk Technical Support Center570 and
Ecological Risk Assessment Support Center.571 Recent efforts have included providing risk
assessment support at Plattsburg Air Force Base (Vermont), Velsicol Chemical Corp
(Michigan), Tittabawassee River (Michigan), LA. Clarke & Son (Virginia), and ASARCO
Superfund Site (Nebraska). Ongoing requests include assistance with employing new approach
methods, review of probabilistic risk assessment models, and continued stakeholder
engagement on complex science to address needs of Superfund sites across the United States.
Additionally, issue papers on nominated topics of interest have also been developed to support
risk assessment activities including, "Allometric Scaling of Terrestrial Wildlife Oral Toxicity
Measurements and Comparison of Ecological to Human Health Assessment Contexts"572 and
"Summary Report, Separating Anthropogenic Metals Contamination from Background: A
Critical Review of Geochemical Evaluations and Proposal of Alternative Methodology."573
567 For more information, please see: https
//www.epa.eo\
/superfund/superfund-national-priorities-list-npl.
568 For more information, please see: https
569 For more information, please see: https
//www.epa.go\
//www.epa.go\
/pprtv
/iri s/ iris-recent-addi tions.
570 For more information, please see: https
//www.epa.go\
/land-research/superfund-health-risk-technical-support-center-stsc
571 For more information, please see: https
//www.epa.go\
/land'-research/epa s- technical- support-centers,
572 For more information, please see: https
//cfpub.epa.eo\
/ncea/erasc/recordi spl av. cf in? dei d=3 53 936
573 For more information, please see: https
//cfpub.epa.eo\
/iicea/erasc/recordi splay,cfin?deid=347774
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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 FY2022-2026EPA Strategic Plan.
In FY 2023, the HERA Research Program's work will focus explicitly on efforts integral to
achieving the Agency's priorities and informing EPA's implementation of key environmental
regulations. Examples of this work include:
• PFAS Research: Per- and polyfluoroalkyl substances (PFAS) are a class of chemicals of
concern in the environment, and EPA is committed to pursuing all options to address PFAS
pollution and protect human health and the environment. Decision-making on PFAS
chemicals is hindered by a limited number of standard toxicity values. There are still large
numbers of PFAS, of high interest to partners, that currently have no federal published,
peer-reviewed toxicity values. As described in the PFAS Strategic Roadmap,574 within the
HERA Research Program, EPA is prioritizing additional PFAS for development of peer-
reviewed toxicity values. This will result in an expanded set of high-quality peer-reviewed
toxicity values for use by federal, state, and tribal decision makers in making risk
assessment and management decisions.
• PPRTV Assessments: In FY 2023, the HERA Program will provide at least nine additional
PPRTV assessments as prioritized by EPA's Land and Emergency Management Program.
• Portfolio of Assessment Products: In FY 2023, the HERA Program will complement the
PPRTVs by providing additional 'fit-for-purpose' assessment products for priority
chemicals, such as for up to six perfluorinated compounds as prioritized by the Land and
Emergency Management Program. Having modernized its assessment infrastructure,
HERA will use evidence mapping to provide a better understanding of the extent and nature
of evidence available to address Agency needs (i.e., 'fit for purpose'). This approach is
expected to improve throughput for PPRTV development.
• Linking Databases and Management Tools: In FY 2023, the HERA Program will
continue to collaborate with the Chemical Safety for Sustainability (CSS) Research
Program to link the architecture of HERA's assessment databases and literature
management tool s, including Health and Environmental Research Online515 and the Health
Assessment and Workplace Collaborative576 with the CompTox Chemicals Dashboard511
being developed in CSS.
• Rapid Technical Support: In FY 2023, the HERA Program will continue essential
technical assistance across EPA to provide rapid technical support to programs and regions.
These activities will provide expedited technical support for evaluating chemical-specific
574 For more information, please see EPA's PFAS Strategic Roadmap at: https://www.epa.gov/system/files/documents/2021-
10/pfas-roadmap final-508.pdf
575 For more information, please see: fattps: //hero. epa. gov/hero/.
576 For more information, please see: https://hawcprd.epa.gov/.
577 For more information, please see: https://coiiiptox.epa.gov/dasliboard.
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exposures at Superfund and contaminated sites, as well as incorporating case-specific
information related to urgent situations.
• Lead: Childhood lead exposure continues to be one of the highest priorities for EPA. To
advance the application of lead exposure and biokinetic models in EPA regulatory
decisions and site assessments, HERA research will enhance, evaluate, and apply lead
biokinetic models for estimating potential blood lead levels for regulatory
determinations.578 Additionally, the Exposure Factors Handbook579 provides up-to-date
data on various human factors, including soil and dust ingestion rates, used by risk
assessors.
Research Planning:
EPA 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 stakeholders.
The Office of Research and Development (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.
• State Engagement
o EPA's state engagement580 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.
• Tribal Partnerships
o 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:
578 For more information, please see: https://www.epa.gov/superfund/lead-superfuad-sites-soflware-and-users-manuals.
579 For more information, please see: https://cfpub.epa.gov/ncea/risk/recordisplay ,cfm?deid=236252.
580 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
651
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Work under this program supports performance results in the Research: Chemical Safety for
Sustainability Program under the S&T appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$108.0) 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.
• (+$24.0) This program change is an increase to funding for research related to identifying
and characterizing the health hazards of chemicals of concern to the Superfund Program.
• (-$8,060.0) This program change reallocates resources within the Superfund appropriation
from the Human and Environmental Risk Assessment (HERA) program to the Chemical
Safety and Sustainability (CSS) program to continue support for PFAS research not
focused on the science of assessments. There is no programmatic impact associated with
this change.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
652
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Research: Chemical Safety for Sustainability
Program Area: Research: Chemical Safety for Sustainability
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
$115
$0
$0
$0
Science &. Technology
$75,966
S89.518
$98,093
$8,575
Hazardous Substance Sn/>i'r/niitl
$6,06^
SO
SN.000
SN.OftO
Total Budget Authority
$82,146
$89,518
$106,153
$16,635
Total Workyears
278.1
273.9
300.9
27.0
Program Project Description:
EPA's Chemical Safety for Sustainability (CSS) Research Program provides scientific and
technical approaches, information, tools, and methods to support the Agency and others to make
better-informed, more-timely decisions about chemicals and their potential risks to human health
and the environment.581 CSS products strengthen the Agency's ability to use the best available
science to evaluate and predict human health and ecological impacts from the use, reuse, recycling,
and disposal of manufactured and naturally occurring chemicals and their by-products.
CSS research informs Agency decisions about chemicals, accelerates the pace of chemical
assessment and decision-making, and helps to replace, reduce, and refine the use of mammals used
to evaluate chemical risk to ecological and human health. CSS products inform Agency programs
as they implement environmental regulations that govern Agency actions, including the evaluation
of existing and new chemicals (Toxic Substances Control Act [TSCA]), development and use of
alternative testing protocols (TSCA, Federal Insecticide Fungicide and Rodenticide Act [FIFRA],
Food Quality Protection Act [FQPA], Federal Food Drug Cosmetics Act [FFDCA]), chemical
prioritization (TSCA, Safe Drinking Water Act [SDWA]), evaluation of pesticide registrations
(FIFRA, Endangered Species Act), and mitigation activity at Superfund sites (Comprehensive
Environmental Response, Compensation, and Liability Act [CERCLA]). CSS research activities
are coordinated with the activities of other national research programs to inform high priority
research topics, such as research focused on per- and polyfluoroalkyl substances (PFAS).
Coordination with the Health and Environmental Risk Assessment (HERA) Program ensures that
the approaches, tools, and information produced by CSS can be used to improve chemical risk
assessments, reduce uncertainties associated with those assessments, and increase the speed of
delivering chemical information to the Agency.
581 For the CSS StRAP, please see: https://www.epa.gov/research/chemical-safety-sustaiiiability-strategic-research-action-plan-
2019-2022.
653
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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 FY2022-2026EPA Strategic Plan.
In FY 2023, CSS research will continue to provide information needed to inform Agency decisions
about chemicals, with a special emphasis on PFAS. PFAS are a large class of fluorinated
substances of growing concern and EPA is committed to supporting tribes, states, and local
communities to understand and manage risks associated with these chemicals.582 CSS research on
PFAS represents a major integrative effort that will provide systematic information on a broad
range of topics. CSS scientists will continue to identify, curate, evaluate, and extract available
physicochemical, structural, exposure, and toxicological data from the published and gray
literature to inform study design, categorization approaches, and interpretation of emerging
studies.
PFAS chemicals will be acquired to expand the existing PFAS physical library of compounds to
include those PFAS of interest to Agency and external partners. Relevant PFAS data will be
incorporated into the CompTox Chemicals Dashboard.583 PFAS fate, transport, occurrence, and
persistence in the environment and in consumer products will be evaluated to help understand
exposure scenarios. In addition, a tiered toxicity testing strategy will be executed which utilizes
new approach methods (NAMs) to evaluate single PFAS chemicals and mixtures in a high
throughput manner, followed by targeted in vivo testing for chemicals identified as priorities. This
testing approach will include several systems-specific toxicity tests, including developmental
neurotoxicity, thyroid toxicity, immunotoxicity, and developmental and reproductive toxicity.
Various types of modeling will be used to translate in vitro results into in vivo outcomes and will
include the use of adverse outcome pathway (AOP) models that link in vitro results to outcomes
relevant to regulatory objectives and in silico predictive toxicity models.
In the ecological domain, CSS is developing multispecies approaches to evaluate species
sensitivity differences across taxa to inform aquatic risk benchmarks. Furthermore, work continues
to determine the bioaccumulation of PFAS in aquatic species which also is relevant to human
health in the context of exposure via fish consumption. This work is being done in collaboration
with the National Institute of Environmental Health Sciences: National Toxicology Program.
Resources requested in FY 2023 will build upon the research foundation formed from completed
work outlined in the PFAS Strategic Roadmap.584
Research Planning:
EPA's Office of Research and Development (ORD) is built around six integrated and
transdisciplinary research programs. CSS research addresses real-world problems, informs
Agency implementation of environmental regulations, and helps EPA and its stakeholders make
timely decisions based on the best available science. Each of the six integrated and
582 For more information, please see: https://www.epa.gov/pfas/pfas-communitv-engagement.
583 For more information, please see: https://coroptox.epa.gov/dashboani
584 For more information, please see: https://www.epa.gov/pfas^)fas-stategic-roadmap-q)as-cororoilroenls-aclioii-2021 -2024
654
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transdisciplinary research programs is guided by a Strategic Research Action Plan (StRAP)585 that
reflects the research needs of Agency program and regional offices, states, and tribes, and is
implemented with their active collaboration and involvement. The CSS FY 2019-2022 StRAP
builds upon the science foundation for chemical evaluations built by research in prior years and
continues a practice of conducting innovative scientific research aimed at solving the problems
encountered by the Agency and its stakeholders. ORD is in the beginning stages of developing the
fourth iteration of the StRAPs, which will cover FY 2023-2026.
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.
• State Engagement
o EPA's state engagement586 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.
• Tribal Partnerships
o Key tribal partnerships are established through the Tribal Science Program which
provides a forum for the interaction between tribal and Agency representatives of
mutual benefit and responsibility to work collaboratively on environmental science
issues.
Performance Measure Targets:
Work under this program supports performance results in the Research: Chemical Safety for
Sustainability Program under the S&T appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$8,060.0) This program change reallocates resources within the Superfund appropriation
from the Human and Environmental Risk Assessment (HERA) program to the Chemical
Safety and Sustainability (CSS) program to continue PFAS research. There is no
programmatic impact associated with this change.
Statutory Authority:
Clean Air Act §§ 103, 104; Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA); Children's Health Act; 21st Century Nanotechnology Research and Development
Act; Clean Water Act; Federal Food, Drug, and Cosmetic Act (FFDCA); Federal Insecticide,
585 For all ORD StRAPs, please see: https://www.epa.aov/research/slrdtes>ic-resean;h-acliori-p1aris-2019-2022
586 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
655
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Fungicide and Rodenticide Act (FIFRA); Pollution Prevention Act (PPA); Resource Conservation
and Recovery Act (RCRA); Safe Drinking Water Act (SDWA); Toxic Substances Control Act
(TSCA).
656
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Research: Sustainable Communities
657
-------
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
Leaking Underground Storage Tanks
$303
$320
$337
$17
Inland Oil Spill Programs
$1,149
$664
$674
$10
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Total Budget Authority
$127,626
$150,447
$159,415
$8,968
Total Workyears
442.3
421.8
441.8
20.0
Program Project Description:
This area of EPA's Sustainable and Healthy Communities (SHC) Research Program responds
directly to the Superfund law requirements for a comprehensive and coordinated federal "program
of research, evaluation, testing, development, and demonstration of alternative or innovative
treatment technologies...which may be utilized in response actions to achieve more permanent
protection of human health and welfare and the environment."587
SHC has made a commitment to foster environmental, public health, and economic benefits for
overburdened communities. Superfund remedial technologies will directly support communities
with environmental justice concerns and accelerate solutions to ameliorate the negative impacts
Superfund sites pose for underserved communities. SHC also will emphasize remediation
technologies that improve long-term site resilience including to the impacts and potential future
impacts of climate change (e.g., flooding, fire, sea level rise). SHC will apply an integrated systems
approach to incorporate diverse data streams for increased understanding of linkages between the
total environment (built, natural and social) and public health to support communities and will
highlight climate change and environmental justice related research throughout the program.
SHC's research under the Superfund appropriation provides federal, regional, and community
decision-makers with 1) engineering tools, methods, and information to assess current conditions
at Superfund sites; 2) decision support tools to evaluate the implications of alternative remediation
approaches and technologies, and reuse of sites; 3) the latest science to support policy development
and implementation; and 4) rapid access to technical support through EPA's Superfund Technical
Support Centers.
587 42 U.S.C. § 9660(b).
658
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Recent Accomplishments of the SHC Research Program include:
• Application of Passive Sampling for Making Management Decisions based on
Contaminant Bioavailability at Contaminated Sediment Superfund Sites (Published
in March 2021):588 This research was performed to evaluate the use of passive sampling
to assess the risk associated with petroleum hydrocarbon-contaminated sediments and
provide data for remediation decisions. The study investigated polycyclic aromatic
hydrocarbons (PAHs) in Saint Jones River soils next to the Dover Gas Light Superfund
site. The freely dissolved concentrations of total PAHs were estimated based on
equilibrium partitioning and the passive sampling findings. Freely dissolved concentrations
of PAHs showed greater toxicity with deeper sediments. Results indicated that natural
clean sediments can be used to bury less contaminated sites whereas other techniques such
as dredging could be focused on highly contaminated areas. This research provides an
evidence base for remedial project managers to use in site clean-up decisions.
• Strategies for Managing Risk due to Back Diffusion (Publication Date: Winter 2021
Edition):589 This review provides a state-of-the-science resource to evaluate treatment
options at sites where back diffusion has been identified as a significant factor. Back
diffusion is backwards movement of contaminants into areas of relatively higher
permeability that makes cleanup more challenging unless it is addressed in the remedial
design. This research effort reviewed characteristics of sites with contaminant plume
persistence due to back diffusion, and remedial strategies used to manage the issue.
Remedial project managers can use the reported research results as a resource during the
initial process of screening remedial technologies and strategies to help select those that
hold the most promise and warrant further evaluation for application at a given site.
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, EPA research under SHC will support the Land and Emergency Management
Program, regional offices, tribes, and states, by providing technical assistance and support to help
characterize, remediate, and manage contaminated sites and groundwater—issues which are
especially concerning to vulnerable, overburdened communities. The tools developed under the
SHC Research Program will help the Agency address complex contamination problems, which
may be made more complex by the impacts of climate change, at Superfund, Resource
Conservation Recovery Act (RCRA), and Brownfields sites in the United States. EPA research
personnel and associated support staff also will collect data to model vapor intrusion in
multicompartment and large buildings, as well as sample and analyze contaminated groundwater
and sediments at high priority sites (e.g., mining influenced waters). Scientific journal articles,
datasets, models, and tools will be published to disseminate findings associated with the data.
588 For more information, please see: https://setac.onlinelibrary.wiley.com/doi/abs/10.1002/ieam.4409?af=R.
589 For more information, please see: https://ngwa.onlinelibrary.wiley.com/doi/epdf/10.1.1.1.1/gwmr. 1.2423.
659
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Per- and polyfluoroalkyl substances (PFAS) will continue to be a priority research topic for SHC.
SHC is specifically researching analytical methods, human exposure, contaminated sites source
zones, hard to treat streams such as landfill leachate, fate and transport of PFAS in groundwater,
remediation performance (treatability and cost models), immobilization/stabilization of PFAS, and
novel remedial technologies. This work provides technical support and assistance to states, tribes,
and local communities on issues pertaining to ecological and human health risk assessment and
site engineering challenges related to PFAS.
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.
The Office of Research and Development (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.
• State Engagement
o EPA's state engagement590 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.
• Tribal
o
590 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
660
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$356.0) 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.
• (+$7.0) This change to fixed and other costs is an increase due to the recalculation of
laboratory fixed costs.
• (+$101.0) This increase to SHC's Superfund Research Program will build capacity to help
respond directly to the Superfund law requirements.
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); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
661
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Superfund Cleanup
662
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Superfund: Emergency Response and Removal
Program Area: Superfund Cleanup
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
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Total Budget Authority
$233,104
$190,000
$199,835
$9,835
Total Workyears
268.0
244.7
250.7
6.0
Program Project Description:
The Emergency Response and Removal Program (Superfund Removal) is the foundation of federal
emergency response to releases of hazardous substances, pollutants, or contaminants and is
essential to managing the associated risks. In the case of a national emergency, EPA is charged
with preventing, limiting, mitigating, or containing chemical, oil, radiological, biological, or
hazardous materials released during and in the aftermath of an incident. Situations requiring
emergency response and removal actions vary greatly in size, nature, and location, and include
chemical releases, fires or explosions, natural disasters, and other threats to people from exposure
to hazardous substances. EPA's 24-hour-a-day response capability is a cornerstone element of the
National Contingency Plan.591 Further, this program is responsible for the Agency's only Primary
Mission Essential Function. Superfund Removal cleanups vary in complexity and contain a wide
variety of contaminants including mercury, lead, and asbestos.592
Over the last ten fiscal years (2012-2021), EPA completed or oversaw more than 2,653 Superfund
removal actions across the country. Superfund Removal sites can be found in remote rural areas
as well as large urban settings. Approximately 41 million people, or about 13 percent of the
population, live within 3 miles of a Superfund Removal site where EPA completed a removal
action between FY 2016 and FY 2020.593 In addition, over 41 percent of removal completions in
FY 2019 and FY 2020 were in communities with populations over the 80th percentile for being
people of color, low income, or having less than a high school education.594
The Superfund Removal Program provides technical assistance and outreach to industry, states,
tribes, and local communities as part of the Agency's effort to ensure national safety and security
for chemical and oil responses. EPA trains, equips, and deploys resources to manage, contain, and
remove contaminants. These substances, until contained or removed, have the potential to
significantly damage property, endanger public health, and have critical environmental impact on
591 For more information, please refer to: https://www.epa.gov/emergencv-response/national-oil-and-hazardous-substances-
pollution-contingency-plan-ncp-overview.
592 Data from US EPA Superfund Enterprise Management System.
593 U.S. EPA, Office of Land and Emergency Management 2021. Data collected includes: (1) Superfund removal site information
from SEMS from FY2016-FY2020; and (2) population data from the 2015-2019 American Community Survey.
594 Data from US EPA Superfund Enterprise Management System and US EPA EJ Screen.
663
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communities. Restoration of Superfund Removal sites directly support Executive Order 14008:
Tackling the Climate Crisis at Home and Abroad.595
EPA Federal On-Scene Coordinators (OSCs) make up the core of the Superfund Removal
Program. These trained and equipped EPA personnel respond to, assess, mitigate, and clean up
environmental releases regardless of the cause. States, local, and tribal communities rely upon the
OSC's expertise and support to deal with environmental emergencies that are beyond their
capabilities and resources.
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, the Superfund Removal Program will:
• In addition to other work addressing abandoned uranium mines (AUM) in other EPA
program projects, address AUM impacts on the Navajo Nation (NN). The Agency requests
$3.0 million and 6 FTE to advance cleanup through removal actions at NN AUM sites.
These additional resources will assist EPA and NN to accelerate actions laid out in the
2020 Ten Year Plan: Federal Actions to Address Impacts of Uranium Contamination on
the Navajo Nation.596
• Respond to, and provide technical assistance for, emergency responses, removal
assessments, and limited time critical response actions (non-emergency responses). The
Agency requests $5.0 million for the removal of hazardous waste from communities, an
amount that allows for approximately 11 more removal completions a year, a six percent
increase from our FY 2023 target. This work would be conducted with an emphasis on
advancing environmental justice and equitable outcomes.
• Conduct and participate in selected multi-media training and exercises for emergency
responders. These events ensure readiness by focusing on necessary coordination and
consistency across the Agency, enhance specialized technical skills and expertise, and
strengthen partnerships with state, local, tribal, and other federal responders.
• Support the Environmental Response Team (ERT), which provides nationwide assistance
and consultation for emergency response actions, including unusual or complex incidents.
In such cases, the ERT supplies the OSC, or lead responder, with special equipment and
technical or logistical assistance.
• Continue to deploy its National Incident Management Assistance Team to set up
organizational systems that help with the long-term strategic planning and response efforts.
595 For additional information, please refer to: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/.
596 For more information, please refer to: https://www.epa.gov/sites/default/files/2021-02/documents/iiiiaum-ten-year-plan-2021-
01. .pdf.
664
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Performance Measure Targets:
(PM 137) Number of Superfund removals completed.
FY 2022
Target
FY 2023
Target
183
183
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,804.0) 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.
• (+$3,008.0 / +6.0 FTE) This program change supports the implementation of the Navajo
mining work in support of tribal and disadvantaged communities, including providing
additional assistance to Navajo Nation to advance cleanup through removal actions. This
investment includes $1.06 million in payroll.
• (+$5,023.0) This program change increases support for the removal of hazardous waste
from communities, with an emphasis on advancing environmental justice and equitable
outcomes.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §§ 104,
105, 106; Clean Water Act (CWA); and Oil Pollution Act (OPA).
665
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Superfund: EPA Emergency Preparedness
Program Area: Superfund Cleanup
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
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Total Budget Authority
$7,555
$7,700
$8,056
$356
Total Workyears
33.8
37.4
37.4
0.0
Program Project Description:
The Superfund Emergency Preparedness Program provides for EPA's engagement on the National
Response Team (NRT) and Regional Response Teams (RRT) where it ensures federal agencies
are prepared to respond to national incidents, threats, and major environmental emergencies. EPA
implements the Emergency Preparedness Program in coordination with Department of Homeland
Security and other federal agencies to deliver federal hazard assistance to state, local, and tribal
governments.
The Agency carries out its responsibility under multiple statutory authorities as well as the
National Response Framework (NRF), which provides the comprehensive federal structure for
managing national emergencies. EPA is the designated lead for the NRF's Oil and Hazardous
Materials Response Annex - Emergency Support Function #10 which covers responsibilities for
responding to releases of hazardous materials, oil, and other contaminants that are a threat to
human health and the environment. As such, the Agency participates and leads applicable
interagency committees and workgroups to develop national planning and implementation policies
at the operational level.
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.
EPA continuously works to improve its management of emergency response assets to be better
prepared to handle large, unprecedented incidents which increase cost effectiveness and avoid
costly cleanup actions. The Superfund Emergency Preparedness Program participates in national
and local exercises and drills, coordinates with stakeholders to develop Area and Regional
Contingency Plans, and provides technical assistance to industry, states, tribes, and local
communities. Specific activities include:
666
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• Chair the NRT597 and co-chair the 13 RRTs. The NRT and RRTs are the only active
environmentally focused interagency executive committees addressing oil and hazardous
substance emergencies. They serve as multi-agency coordination groups supporting
emergency responders when convened as incident specific teams.
• Participate in the development of limited, scenario-specific exercises and regional drills
designed to assess national emergency response management capabilities. These activities
will involve the RRTs, NRT, and/or principal level participants.
• Continue to implement the National Incident Management System598 which provides the
approach to manage incidents and works hand in hand with the NRF.
Performance Measure Targets:
(PM ER01) Number of emergency response and removal exercises that
EPA conducts or participates in.
FY 2022
Target
FY 2023
Target
120
120
(PM ER02) Percentage of emergency response and removal exercises that
EPA conducts or participates in that incorporate environmental justice.
FY 2022
Target
FY 2023
Target
14
21
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$290.0) 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 increases essential support for Superfund Emergency
Preparedness Program core activities, such as national and local exercises and drills.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), §§ 104,
105, 106; Robert T. Stafford Disaster Relief and Emergency Assistance Act.
597 For more information, please refer to: https://www.nrt.org/.
598 For more information, please refer to: http://www.fema.gov/national-incident-management-system.
667
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Superfund: Remedial
Program Area: Superfund Cleanup
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
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By addressing the human health and environmental risks posed by releases atNPL and SAA sites,
the Superfund Remedial Program strengthens the economy and spurs economic growth for all
Americans by returning Superfund sites to productive use. Reuse and restoration of Superfund
NPL sites directly support the Administration's Justice40 initiative, as articulated in President
Biden's Executive Order 14008: Tackling the Climate Crisis at Home and Abroad (January 27,
2021) as this EO acknowledges the urgent need to restore lands and natural assets.602 The
Superfund Remedial Program is one of EPA's Justice40 pilot programs. A key goal of the White
House Justice40 Initiative is to ensure that the benefits of federal investments flow to underserved
communities. The Superfund Remedial Program is currently looking at ways to increase the
delivery of benefits to disadvantaged communities to achieve the 40-percent goal within existing
legal authorizations. The goal of Superfund's implementation plan is to maximize benefits
currently offered in all aspects of the Superfund process. This includes maximizing cleanup
benefits as well as state and tribal benefits, enforcement opportunities, and enhancements to
community involvement and the Superfund Redevelopment Program.
In FY 2021, EPA made 26 Superfund sites ready for anticipated use. As of FY 2021, EPA data
show that approximately 1,000 Superfund sites are in reuse - more than half the total number of
sites placed on the NPL over the Program's existence. EPA has data on more than 10,230
businesses at 650 of these sites. These businesses' ongoing operations generate annual sales of
$65.8 billion. These businesses provided more than 246,000 jobs who earned a combined income
of $18.6 billion. Over the last eight years, these businesses generated at least $384 billion in sales.
Additionally, cleanup work under the Superfund Remedial Program improves property values. A
study conducted by researchers at Duke University and the University of Pittsburgh found that
residential property values within 3 miles (4.8 kilometers) of Superfund sites increased between
18.7 and 24.4 percent when sites were cleaned up and deleted from the NPL.603
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. 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.604
In FY 2023, the Agency requests $454.6 million for the Superfund Remedial Program to continue
cleaning up some of the Nation's most contaminated land, while beginning to adjust for revenue
602 For more information, please refer to: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-
order-on-tackling-the-climate-crisis-at-home-and-abroad/.
603 Shanti Gamper-Rabindran and Christopher Timmons. 2013. "Does cleanup of hazardous waste sites raise housing values?
Evidence of spatially localized benefits," Journal of Environmental Economics and Management 65(3): 345-360,
littp ://dx. doi.org/1.0.1.01.6/i. j eeni.201.2.1.2.001..
604 This Agency Priority Goal is implemented jointly with Goal 5.
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from the Superfund chemical taxes.605 EPA will prioritize resources to execute its non-delegable,
federal responsibility to remediate sites and protect human health, welfare, and the environment.
EPA endeavors to maximize the use of special account resources collected from PRPs for site-
specific response actions as stipulated in settlement agreements. More than half of non-federal
sites on the final NPL do not have an associated open special account and must rely on annually
appropriated funds or funds provided by the Infrastructure Investment and Jobs Act of2021 (IIJA).
The IIJA invests $3.5 billion in environmental remediation at Superfund sites and reinstates the
Superfund chemical taxes, making it one of the largest investments in American history to address
the legacy pollution that harms public health in communities and neighborhoods, creating good-
paying jobs advancing economic and environmental justice in the process. This funding will allow
EPA to initiate work on all backlogged remedial construction projects and accelerate cleanups at
NPL sites across the country.
The FY 2023 Superfund funding requested will be used to start critical pre-construction projects
such as site characterization and construction design, which will complement construction projects
that utilize IIJA funding. The funding request also supports the Superfund's community
involvement and outreach activities at sites. These activities play a pivotal role in ensuring
communities have the resources they need to meaningfully participate in the decision-making
process, including an increased involvement of communities to develop their visions for
revitalization by identifying economic drivers and connecting community needs to federal
investments. These funds will support capacity building technical assistance, and the Superfund
Job Training Initiative.
In FY 2023, EPA will reduce exposure to lead and associated health impacts including the risk of
elevated blood lead levels for children by completing at least 45 Superfund lead cleanup projects.
EPA also will continue to support the cleanup of Per- and Polyfluoroalkyl Substances (PFAS) and
will collaborate on cross-cutting strategies; advance new science; develop coordinated policies,
regulations, and communications; assess the nature and extent of PFAS contamination and other
contaminants of concern at sites; and engage with affected states, tribes, communities, and
stakeholders. Additionally, completing these cleanup projects advances work in cancer prevention
as part of President Biden's reignited Cancer Moonshot Initiative as many of these legacy sites
expose Americans to contaminants that have been shown to cause an increased risk of cancer.
EPA's regional labs provide cutting-edge science to inform immediate and near-term, multi-media
decisions on environmental conditions, emergency response, and enforcement. Regional
laboratory science also helps inform communities about the risks the site may pose in terms of
chemical exposures and cumulative environmental impacts. Strong science needs state-of-the-art
equipment and the scientists to operate it. This investment will provide approximately $3.9 million
and 5 FTE to be allocated strategically across all ten Regions for replacement and upgrading of
aging analytical equipment and modernization of the associated critical IT infrastructure. This new
605 On November 15,2021, the Infrastructure Investment and Jobs Act [(IIJA), P.L. 117-58] reinstated and modified the excise
taxes on certain listed chemicals and imported substances that are used as materials in their manufacture or production one or
more of those listed chemicals ("Superfund chemical taxes"). The Superfund chemical taxes go into effect beginning July 1, 2022
and expire on December 31,2031. In FY 2022, the U.S. Treasury forecasts collecting $388 million in Superfund chemical taxes
which will be available for use in FY 2023. EPA will utilize resources to carry out the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended.
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analytical equipment will support the ambitious environmental and clean up goals of President
Biden's agenda.
Performance Measure Targets:
(PM 151) Number of Superfund sites with human exposures brought under
control.
FY 2022
Target
FY 2023
Target
12
12
(PM 155) Number of Superfund cleanup projects completed that address
lead as a contaminant.
FY 2022
Target
FY 2023
Target
45
45
(PM 170) Number of remedial action projects completed at Superfund sites.
FY 2022
Target
FY 2023
Target
80
75
(PM S10) Number of Superfund sites made ready for anticipated use site-
wide.
FY 2022
Target
FY 2023
Target
25
15
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$9,031.0) This change to fixed and other costs is an increase due to the recalculation of
base payroll costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
• (-$147,286.0) This program change is a decrease to the Superfund Remedial Program. This
reduction recognizes the additional funding invested in the Superfund Remedial Program
by IIJA and availability of Superfund chemical tax revenues beginning in FY 2023.
• (+$3,856.0 / +5.0 FTE) This investment will be allocated strategically across the regions
for replacement and upgrading of aging analytical equipment and modernization of
associated critical IT infrastructure. Regional EPA laboratories support EPA's mission by
providing sound, and legally defensible scientific data to support decisions by EPA's
Superfund Remedial Program. This investment includes $906.0 thousand in payroll.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
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Superfund: Federal Facilities
Program Area: Superfund Cleanup
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
Utizurthms Substance Siiperjuml
S 24.2U4
s 2/.mm
SMt.2'2
S14.4'2
Total Budget Authority
$24,264
$21,800
$36,272
$14,472
Total Workyears
107.6
109.7
112.7
3.0
Program Project Description:
The Superfund Federal Facilities Program oversees and provides technical assistance for the
protective and efficient cleanup and reuse of Federal Facility National Priorities List (NPL) sites.
Program responsibilities include: 1) inventory and assess potentially contaminated sites; 2) select
and implement protective remedies; 3) facilitate early transfer of property; and 4) ensure ongoing
protectiveness of completed cleanups.
The Federal Facility NPL sites, where the other federal agencies (OFAs) are the lead agency
and EPA is the lead oversight agency, are among the largest in the Superfund Program and
can encompass specialized environmental contaminants such as munitions and radiological
waste, and contaminants of emerging concern such as per-and polyfluoroalkyl substances
(PFAS). EPA jointly selects site remedies with OFAs and uses its oversight authority to provide
an independent assessment of federal cleanups to ensure work conducted is in accordance
with site cleanup plans and yields protective remedies. To ensure efficiencies and
consistent approaches to cleanup, the Program collaborates with OFAs and state, local, and
tribal governments. There are 174 Federal Facility sites on the NPL, which are part of the
approximately 2,400 sites on the Federal Agency Hazardous Waste Compliance Docket
maintained by EPA. The sites result in nearly $9 billion per year expended by OFAs
under EPA oversight. The resulting cleanup, restoration, and reuse of Federal Facility NPL
sites contributes significantly to Superfund program accomplishments. In FY 2021, the Program
completed response action decisions at 48 federal facility sites to address environmental
contamination. The Program also achieved 32 Remedial Action Project Completions and
reviewed 55 Five-Year Reviews to confirm protective remedies remain in place.
The Superfund Federal Facilities Program supports President Biden's Executive Order 13985:
Advancing Racial Equity and Support for Underserved Communities Through the Federal
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Government606 by recognizing and working to repair inequities that serve as barriers to equal
opportunity in the Federal Facility Superfund Program. This is accomplished by working to
improve the health and livelihood of communities through cleaning up and returning land to
productive use. Over 68 percent of Federal Facility NPL sites are in communities
disproportionately affected by environmental burdens. Cleaning up contaminated sites at federal
facilities also can serve as a catalyst for economic growth and community revitalization.
The Superfund Federal Facilities Program has successfully worked with EPA's partners to
facilitate the redevelopment of Federal Facility NPL sites across the country. Since Federal
Facility NPL sites often encompass thousands of acres with buildings, roads, and other
infrastructure, their effective and efficient cleanup and reuse can play a pivotal role in a
community's economic growth and environmental vitality. Reuse and restoration of Federal
Facility NPL sites directly support President Biden's Executive Order 14008: Tackling the Climate
Crisis at Home and Abroad 607 Redevelopment projects have included ecological preserves,
recreational areas, cultural/historical resources, public transit infrastructure, and alternative energy
sources. A 2021 economic analysis of 50 Federal Facility NPL sites identified over 2,000
businesses that generated $17 billion in annual sales, provided over 220,000 jobs and $19 billion
in estimated annual employment income.608 Future climate impact priorities for the Superfund
Federal Facility program include the release of the FY 2022-2023 OLEM Climate Change
Adaptation Plan, development of climate impact consideration training for Remedial Project
Managers, and continuing collaboration with OF As to include climate impact considerations in
remedial actions.
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, the Superfund Federal Facilities Program, as part of its statutorily mandated oversight
responsibilities will support the EPA PFAS Strategic Roadmap by overseeing the growing number
of PFAS cleanups at Department of Defense (DOD), the Department of Energy (DOE), and OFA
sites. The Program will benefit from a significant investment to keep pace with the surge of PFAS
cleanups under Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) and restore core program capacity. Currently, the Program is challenged to keep pace
with our oversight role at the 96 Federal Facility NPL sites with PFAS detections. Additionally,
DOD is expected to initiate approximately 50 additional PFAS investigations in FY 2023.
An investment of $13 million and 3 FTE in the Federal Facilities PFAS Program, in FY 2023, will
allow EPA to minimize disruptions and delays to oversight responsibilities and enable DOD and
other Federal Agencies to meet their Congressional cleanup obligations under the 2022 National
Defense Authorization Act. EPA also is able to leverage knowledge and best practices developed
from Federal Facilities PFAS investigations to aid PFAS cleanups across the country.
606 For additional information, please refer to: https://www.federa1register.gov/documents/2021/01/25/2021-01753/advanciiig-
racial-equity-and-support-for-underserved-communities-through-the-federal-govemment.
607 For additional information, please refer to: https://www.federalregister.gov/documents/2021/02/01/2021-Q2177/tackling-the-
climate-crisis-at-home-aiid-abroad.
608 For additional information, please refer to: https://www.epa.gov/fedfac/redevelopment-economics-federal-facilities.
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In addition to the growing workload related to PFAS, the Program will prioritize and continue to
partner with OF As; state, local, and tribal governments; and communities to limit human exposure
to potentially harmful levels of lead in the environment. EPA will continue to oversee complex
cleanups at Federal Facility NPL sites, such as contamination in groundwater, munitions and
explosives of concern, contaminants of emerging concern, and contamination from legacy nuclear
weapons development and energy research. For example, while the DOE has completed cleanup
work at many of its sites, DOE estimates that the remaining legacy Cold War sites will take decades
to complete due to groundwater, soil, and waste processing. Similarly, the DOD inventory includes
sites that contain chemical and explosive compounds which require special handling, storage, and
disposal practices, as well as cleanup. EPA will continue to provide oversight and technical
assistance at DOD's military munitions response sites and support DOD's development of new
technologies to streamline cleanups.
To ensure the long-term protectiveness of the remedies, the Agency will continue monitoring,
overseeing progress, and improving the quality and consistency of Five-Year Reviews conducted
at federal sites where waste has been left in place and land use is restricted. Five-Year Reviews
are required under Section 121(c) of CERCLA and EPA's role is to concur or make its own
independent protectiveness determination. EPA has been working collaboratively with DOD,
DOE, and Department of the Interior (DOI) to improve the technical quality, timeliness, and cost
of the five-year review reports and to ensure engagement with pollution-burdened and underserved
communities. In FY 2023, the Superfund Federal Facilities Program will review approximately 35
five-year review reports to fulfill statutory requirements and to inform the public about the
protectiveness of remedies.
In FY 2023, the Superfund Federal Facilities Program will target the highest risk sites and focus
on activities that bring human exposure and groundwater migration under control. In addition,
EPA manages the Federal Agency Hazardous Waste Compliance Docket (Docket) which contains
information reported by federal facilities that manage hazardous waste or from which hazardous
substances, pollutants, or contaminants have been or may be released. The Docket: 1) identifies
all federal facilities that must be evaluated through the site assessment process; 2) determines
whether they pose a risk to human health and the environment sufficient to warrant inclusion on
the NPL; and 3) provides a mechanism to make the information available to the public. The Docket
is updated semi-annually and has approximately 2,400 facilities listed.
Performance Measure Targets:
Work under this program supports performance results in the Superfund Remedial Program under
the Superfund appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$760.0) This change to fixed and other costs is an increase due to the recalculation of
base payroll costs for existing FTE, adjustments to provide essential workforce support,
and changes to benefits costs.
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• ($13,712.0 / +3.0 FTE) This program change is an increase to address critical gaps in EPA's
ability to oversee DOD PFAS cleanup under CERCLA and to restore core program
capacity, including keeping pace with the Agency's oversight role at Federal Facilities NPL
sites. This investment includes $547.0 thousand in payroll.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 120.
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Superfund Special Accounts
Background
EPA has the authority to collect funds from parties to support Superfund investigations and
cleanups. Section 122(b)(3) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) authorizes EPA to retain and use funds received pursuant to a settlement
agreement with a party to carry out the purpose of that agreement. Funds are deposited in
Superfund special accounts for cleanup at the sites designated in individually negotiated settlement
agreements. Through use of special accounts, EPA ensures responsible parties pay for cleanup so
that annually appropriated resources from the Superfund Trust Fund and resources made available
through the Infrastructure Investment and Jobs Act of 2021 are generally conserved for sites where
no viable or liable potentially responsible parties (PRPs) can be identified. Each account is set up
separately and distinctly and may only be used for the sites and uses outlined in the settlement(s)
with the party or parties.
Special accounts are sub-accounts in the Superfund Trust Fund. Pursuant to the specific
agreements, which typically take the form of an Administrative Order on Consent or a Consent
Decree, EPA uses special account funds to finance site-specific CERCLA response actions at the
site for which the account was established. Of the current 1,322 Superfund sites listed as final on
the National Priorities List, more than half do not have special account funds available for use. As
special account funds may only be used for sites and uses specified in the settlement agreement,
both special account resources and appropriated resources are critical to the Superfund Program to
clean up Superfund sites.
Special account funds are used to conduct many different site-specific CERCLA response actions,
including, but not limited to, investigations to determine the nature and extent of contamination
and the appropriate remedy, design, construction and implementation of the remedy, enforcement
activities, and post-construction activities. EPA also may provide special account funds as an
incentive to another PRP(s) who agrees to perform additional work beyond the PRP's allocated
share at the site, which EPA might otherwise have to conduct. Because response actions may take
many years, the full use of special account funds also may take many years. Once all site-specific
response work pursuant to the settlement agreement is complete and site risks are addressed,
special account funds may be used to reimburse EPA for site-specific costs incurred using
appropriated resources {i.e., reclassification), allowing the latter resources to be allocated to other
sites. Any remaining special account funds are transferred to the Superfund Trust Fund, where
they are available for future appropriation by Congress to further support response work.
FY 2021 Special Account Activity
Since the inception of special accounts through the end of FY 2021, EPA has collected $7.8 billion
from parties and earned approximately $734.4 million in interest. Approximately 59 percent of the
funds have been disbursed or obligated for response actions at sites and plans have been developed
to guide the future use of the remaining 41 percent of available special account funds. In addition,
at sites with no additional work planned or costs to be incurred by EPA, EPA has transferred over
$55.1 million to the Superfund Trust Fund. As of the end of FY 2021, over $4.6 billion has been
676
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disbursed for site response actions and approximately $340.3 million has been obligated but not
yet disbursed.
The Agency continues to receive site-specific settlement funds that are placed in special accounts
each year, so progress on actual obligation and disbursement of funds may not be apparent upon
review solely of the cumulative available balance. In FY 2021, EPA deposited more than $221.8
million into special accounts and disbursed over $251.4 million from special accounts (including
reclassifications). At the end of FY 2021, the cumulative amount available in special accounts was
over $3.5 billion.
Special accounts vary in size. A limited set of accounts represent the majority of the funds
available. At the end of FY 2021,4 percent of open accounts had greater than $10 million available
and approximately 69 percent of all available funds in open accounts. There are many accounts
with lower available balances. 74 percent of all open accounts with up to $1 million available
represent approximately 6 percent of available funds in all open accounts.
The balance of over $3.5 billion is not equivalent to an annual appropriation. The funds collected
under settlements are intended to finance future response work at particular sites for the length of
the project. EPA is carefully managing those funds that remain available for site response work
and develops plans to utilize the available balance. EPA will continue to plan the use of funds
received to conduct site-specific response activities or reclassify and/or transfer excess funds to
the Superfund Trust Fund to make annually appropriated funds available for use at other Superfund
sites.
For some Superfund sites, although funds are readily available in a special account, remedial action
may take time to initiate and complete. The timeframe required to implement a given remedial
action is driven largely by site-specific conditions, such as the specific requirements for special
account use set forth in the settlement agreement, the stage of site cleanup, the viability of other
responsible parties to conduct site cleanup, and the nature of the site contamination. EPA has plans
to spend approximately $1.4 billion of currently available special account funds over the next 5
years, but funds also are planned much further into the future to continue activities, such as
conducting five-year reviews or remedy optimization, at sites where waste has been left in place.
Over the past five fiscal years, the EPA has obligated or disbursed more than $1.2 billion from
special accounts (excluding reclassifications), resulting in the Superfund Program performing a
significant amount of work in addition to work the Agency performed using annually appropriated
funds. In FY 2021, EPA disbursed and obligated approximately $217.0 million from special
accounts (excluding reclassifications) for response work at more than 700 Superfund sites. Site-
specific examples of this work include $30.1 million to support work at Welsbach & General Gas
Mantle site in New Jersey; $15.2 million to support work at the New Bedford Harbor site in
Massachusetts; $11.7 million for the Cornell Dubilier Electronics Inc. site in New Jersey; and $9.7
million for the Oklahoma Refining Co. site in Oklahoma. In the absence of special account funds,
appropriated funds would have been necessary for these response actions to be funded. In other
words, EPA was able to fund approximately $217.0 million in response work at sites in addition
to the work funded through appropriated funds obligated or disbursed in FY 2021.
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The summary charts below provide additional information on the status of special accounts.
Exhibit 1 illustrates the cumulative status of open and closed accounts, FY 2021 program activity,
and planned multi-year uses of the available balance. Exhibit 2 provides the prior year (FY 2021),
current year (FY 2022), and estimated future budget year (FY 2023) activity for special accounts.
Exhibit 3 provides prior year data (FY 2021) by EPA regional offices to exhibit the geographic
use of the funds.
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Exhibit 1: Summary of FY 2021 Special Account Transactions
and Cumulative Multi-Year Plans for Using Available Special Account Funds
Account Sliilns1
Number of
Accounts
( umukiliw ()|vn
( umiilali\ c Closed
441
I'Y 2020 Spcciiil Account Aclmly
S in Thoiisiiiuls
Beginning Available Balance
FY 2021 Activities
+ Receipts
$221,871.0
- Transfers to Superfund Trust Fund (Receipt Adjustment)
($11,632.6)
+ Net Interest Earned
$67,702.0
- Net Change in Unliquidated Obligations
$14,111.6
- Disbursements - For EPA Incurred Costs
($223,824.0)
- Disbursements - For Work Party Reimbursements under Final Settlements
($7,290.9)
- Reclassifications
C$20.305.0^1
End of Fiscal Year (EOFY) Available Balance2
$3,506,736.7
\
iilli-Yc;ii- Phins lor KOI Y 2021 A^iihihlc liiihmce4
S in Thoiisiiiuls
2021 EOFY Available Balance
$3,506,736.7
- Estimates for Future EPA Site Activities based on Current Site Plans4
$3,359,172.1
- Estimates for Potential Disbursement to Work Parties Identified in Final
Settlements5
$73,116.8
- Estimates for Reclassifications for FYs 2022-20246
$35,885.7
- Estimates for Transfers to Trust Fund for FYs 2022-20246
$27,687.4
- Available Balance to be Planned for Site-Specific Response7
$10,874.6
1 FY 2021 data is as of 10/01/2021. The Beginning Available Balance is as of 10/01/2020.
2Numbers may not add due to rounding.
3Planning data were recorded in the Superfund Enterprise Management System (SEMS) as of 11/01/2021 in reference to special
account available balances as of 10/01/2021.
4 "Estimates for EPA Future Site Activities" includes all response actions that EPA may conduct or oversee in the future, such as
removal, remedial, enforcement, post-construction activities as well as allocation of funds to facilitate a settlement to encourage PRPs
to perform the cleanup. Planning data are multi-year and cannot be used for annual comparisons.
5 "Estimates for Potential Disbursements to Work Parties Identified in Finalized Settlements" includes those funds that have already
been designated in a settlement document, such as a Consent Decree or Administrative Order on Consent, to be available to a PRP for
reimbursements but that have not yet been obligated.
6 "Reclassifications" and "Transfers to the Trust Fund" are estimated for three FYs only. These amounts are only estimates and may
change as EPA determines what funds are needed to complete site-specific response activities.
7 These include resources received by EPA at the end of the fiscal year and will be assigned for site-specific response activities.
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Exhibit 2: Actual and Estimated Special Account Transactions FY 2021 - FY 20231
FY 2021
FY 2022 estimate
FY 2023
estimate
$ in Thousands
Beginning Available Balance
$3,466,104.7
$3,506,736.7
$3,700,941.7
Receipts2
$221,871.0
$350,000.0
$350,000.0
Transfers to Trust Fund (Receipt
Adjustment)3
($11,632.6)
($7,348.5)
($7,348.5)
Net Interest Earned4
$67,702.0
$100,000.0
$100,000.0
Net Obligations3 5
($217,003.4)
($230,085.4)
($230,085.4)
Reclassifications3
($20,305.0)
C$18.361 n
C$18.361 n
End of Year Available Balance6
$3,506,736.7
$3,700,941.7
$3,895,146.6
1 FY 2021 data is as of 10/01/2021. The Beginning Available Balance is as of 10/01/2020.
2 Hie estimates for Receipts are in line with more typical years.
3 The estimates for Transfers to Trust Fund, Net Obligations, and Reclassifications are based on a three-year historical average.
4Net interest earned in FY 2022 and FY 2023 are estimated utilizing economic assumptions for the FY 2023 President's Budget.
5 Net Obligations reflect special account funds no longer available for obligation, excluding
reclassifications and receipts transferred to the Trust Fund.
"Numbers may not add due to rounding.
Exhibit 3: FY 2021 Special Account Transactions by EPA Regional Offices
Dollars in Thousands
Beginning
Available
Balance
Receipts
Transfers to
Trust Fund
(Receipt
Adjustment)
Net
Interest
Earned
Net
Obligations
Reclassifications
End of Year
Available
Balance2
Region 1
$187,105.8
$7,584.3
($3,773.0)
$4,020.7
($22,524.8)
($4,633.8)
$167,779.2
Region 2
$570,336.8
$53,831.5
$0.0
$11,111.2
($70,905.5)
($557.3)
$563,816.6
Region 3
$171,375.8
$13,482.1
($0.0)
$3,181.5
($13,777.2)
($7,079.4)
$167,182.8
Region 4
$63,402.9
$7,441.2
($198.6)
$1,198.5
($3,905.8)
($3,391.4)
$64,546.9
Region 5
$414,742.0
$56,102.6
($0.3)
$10,318.6
($13,142.6)
($395.4)
$467,624.9
Region 6
$119,010.1
$3,637.3
($4,907.3)
$496.3
($16,489.5)
($2,178.1)
$99,568.9
Region 7
$148,474.0
$5,455.6
($2,502.7)
$2,422.7
($13,655.3)
($1,266.9)
$138,927.3
Region 8
$266,770.0
$29,153.1
($75.4)
$7,342.0
($22,515.3)
($222.2)
$280,452.2
Region 9
$1,371,820.8
$18,714.1
($175.2)
$24,052.3
($22,601.8)
($402.2)
$1,391,408.0
Region 10
$153,066.5
$26,469.1
$0.0
$3,558.2
($17,485.5)
($178.4)
$165,429.9
Total
$3,466,104.7
$221,871.0
($11,632.6)
$67,702.0
($217,003.4)
($20,305.0)
$3,506,736.7
1 FY 2021 data is as of 10/01/2021. The Beginning Available Balance is as of 10/01/2020.
2 Numbers may not add due to rounding.
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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
-------
682
-------
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
-------
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
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
-------
Enforcement
685
-------
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
$164,888
SI 68.341
$210.011
$41,670
Leaking I nilcrgrounil Storage Tanks
$625
Sf>20
Sf>53
$33
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.609 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.
609 For more information, please refer to: https://www.epa.gov/ust.
686
-------
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
-------
Operations and Administration
688
-------
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
Leaking I nilcrgrounil Storage Tanks
S2-I5
SIJ2
SI J2
SO
Hazardous Substance Superfiind
$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 FY2022 - 2026EPA 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
-------
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
-------
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 nilcrgrounil Storage Tanks
S.W
S 41<>
N-/-/.V
SJ2
Hazardous Waste Electronic Manifest System Fund
$154
$0
$0
$0
Hazardous Substance Superfiind
$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 FY2022 - 2026EPA 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
-------
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
-------
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
1.caking I ntlcrgronntl Storage Tanks
s v.?r
S X3fi
S '24
-SI 12
Inland Oil Spill Programs
$628
$682
$641
-$41
Hazardous Substance Superfiind
$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 FY2022 - 2026EPA 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
-------
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
Leaking I nilcrgrounil Storage Tanks
N.W
SJ20
i' 1 1 ¦
v».>
SI'
Inland Oil Spill Programs
$1,149
$664
$674
$10
Hazardous Substance Superfiind
$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.610
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 Infrastructure611: 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
610 For more information, please see: https://www.epa.gov/ust.
611 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/webappviewer/index.html?id=c220c67462el4763a8e0c4df75550278.
696
-------
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 FY2022-2026EPA 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
-------
• State Engagement
o EPA's state engagement612 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
612 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
698
-------
Underground Storage Tanks (LUST/UST)
699
-------
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 ntlcrgronntl Storage Tanks
S !>.-/"«
S'J.iSI 1
$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:
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 Government,613 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.614
Under this program, EPA supports the oversight and implementation of LUST cleanup programs
in the states,615 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.616 In FY 2021, 7,271 LUST
613 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-government/.
614 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=b03763d3f2754461adf86fl21345d7bci and (2) population data
from the 2015-2019 American Community Survey.
615 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.
616 For more information, please refer to: https://www.epa.gov/system/files/documeiits/2021-l l/ca-2l-34.pdf.
700
-------
cleanups were 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
-------
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.617
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.
617 For more information, please refer to: http://astswmo.org/compendium-of-emergency-response-actions-at-underground-
storage-tank-sites-version-2/.
702
-------
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
Leaking I nilcrgrounil Storage Tanks
S25JS3
s
S
si,Mm
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.618 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.619
The LUST Prevention Program provides funding to states620 and tribes to prevent releases from
the 539,610 active USTs by ensuring compliance with federal and state laws through inspections
and other activities.621 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.
618 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/.
619 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 Iadf86fl21345d7bci and (2) population data
from the 2015-2019 American Community Survey.
620 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.
621 For more information, please refer to: https://www.epa.gov/system/files/documents/2021-l l/ca-21-34.pdf.
703
-------
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 E15. 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 El5 storage requirements and to triage sites that need more attention. 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.
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 2020.622
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
622 For more information, please refer to: https://www.epa.govAist/ust-performance-measures.
704
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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.
705
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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
Leaking I nilcrgrounil Storage Tanks
S .\\-ISX
N .\\0-IV
S 55.0-/0
SO
Total Budget Authority
$55,438
$55,040
$55,040
$0
Program Project Description:
This funding is used to award cooperative agreements to states623 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.624
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 625 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.626
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
623 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.
624 Almost half of the Nation's overall population and 99 percent of the population in rural areas rely on groundwater for drinking
water. (See EPA 2000 Water Quality Inventory Report, https://archive.epa.gov/water/archive/web/html/2000report index.html).
625 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/.
626 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=b()3763d3 £275446 ladf86f121345d7bc: and (2) population data
from the 2015-2019 American Community Survey.
706
-------
remediating soil contamination.62' 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.628
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.629
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.
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
m Please refer to The National LUST Cleanup Backlog: A Study Of Opportunities, September 2011,
http://www.epa.gov/ust/national-lust-cleaiiup-backlog-studv-opportunities.
028 Please see Technologies for Treating MtBE and Other Fuel Oxygenates, May 2004, pages 2-6 and 2-7, https://clu-
in.org/download/remed/542r04009/542r04009.pdf.
629 Guignet, D., Jenkins, R., Ranson, M., & Walsli, 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.
707
-------
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).630
• 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).631
• 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.632
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).
630 For more information, please refer to: http://www.epa.gov/ust/ust-performance-measures.
631 Average cleanup cost per site based on ASTSWMO's 2019 Annual State Fund Survey Results at: http://astswmo.org/2019-
aimital-state-fitiid-sitrvev/.
632 For more information, please refer: http://astswmo.ore/compendium-of-emergency-response-actions-at-underground-storage-
taiik-sites-veision-2/.
708
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Inland Oil Spill Programs
Program Projects in Inland Oil Spill Programs 711
Compliance 713
Compliance Monitoring 714
Enforcement 716
Civil Enforcement 717
Oil 719
Oil Spill: Prevention, Preparedness and Response 720
Operations and Administration 723
Facilities Infrastructure and Operations 724
Research: Sustainable Communities 726
Research: Sustainable and Healthy Communities 727
709
-------
710
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: Inland Oil Spill Programs
Resource Summary Table
(Dollars in Thousands)
FY 2023
President's Budget
FY 2021
FY 2022
FY 2023
v.
Final
Annualized
President's
FY 2022
Actuals
CR
Budget
Annualized CR
Inland Oil Spill Programs
Budget Authority
$19,601
$20,098
$26,502
$6,404
Total Workyears
78.2
84.8
99.8
15.0
Bill Language: Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection Agency's responsibilities under
the Oil Pollution Act of1990, including hire, maintenance, and operation of aircraft, $26,502,000,
to be derived from the Oil Spill Liability trust fund, to remain available until expended.
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 Inland Oil Spill Programs
[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
Compliance
Compliance Monitoring
$132
$139
$2,146
$2,007
Underground Storage Tanks (LUST / UST)
LUST/UST
$0
$0
$0
$0
Enforcement
Civil Enforcement
$2,532
$2,413
$2,538
$125
Oil
Oil Spill: Prevention, Preparedness and
Response
$15,160
$16,200
$20,503
$4,303
Operations and Administration
711
-------
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
Facilities Infrastructure and Operations
$628
$682
$641
-$41
Research: Sustainable Communities
Research: Sustainable and Healthy
Communities
$1,149
$664
$674
$10
TOTAL Inland Oil Spill Programs
$19,601
$20,098
$26,502
$6,404
712
-------
Compliance
713
-------
Compliance Monitoring
Program Area: Compliance
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
[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
$97.58.?
SI 02.500
SI 44.770
S42.270
Inland (HI Spill Programs
$ 132
s/.iy
S 2.14U
$2,007
Hazardous Substance Superfiind
$1,778
$1,000
$1,015
$15
Total Budget Authority
$99,493
$103,639
$147,931
$44,292
Total Workyears
439.1
453.9
463.4
9.5
Program Project Description:
The Compliance Monitoring Program is a component of EPA's Enforcement and Compliance
Assurance Program that allows the Agency to detect noncompliance and promotes compliance
with the Nation's environmental laws. Under this program, EPA integrates the data from the
Facility Response Plans (FRP) and Spill Prevention, Control, and Countermeasure (SPCC) systems
into EPA's Integrated Compliance Information System (ICIS). Data related to compliance with
FRP and SPCC requirements is made available to the public through EPA's Enforcement and
Compliance History Online (ECHO) website.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Detect Violations and Promote
Compliance in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an additional $2.0 million to continue accelerating efforts to
modernize ICIS and support better integration with ECHO. The increased resources will fund
adjustments to ICIS and ECHO that will facilitate better access of compliance data and community
information (e.g., from EPA's EJSCREEN tool) to EPA and states and to the public. This
modernization will enhance EPA's efforts to address compliance concerns in overburdened or
vulnerable communities.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
714
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$6.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
• (+$2,001.0) This increase will allow EPA to accelerate its efforts to modernize ICIS and
support better integration with ECHO and enhance efforts to address compliance concerns
in overburdened and vulnerable communities.
Statutory Authority:
Oil Pollution Act; Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-
80, 97 Stat. 485 (codified at Title 5, App.) (EPA's organic statute).
715
-------
Enforcement
716
-------
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
$164,888
$168,341
$210,011
$41,670
I.caking I "ndorground Slorago Tanks
$625
$620
$653
$33
Inland Oil Spill Programs
$2,532
S 2,-113
$2,538
S125
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 protect human health and the environment by ensuring
compliance with the Nation's environmental laws. The Civil Enforcement Program collaborates
with the U.S. Department of Justice, states, local, and tribal governments to ensure consistent and
fair enforcement of environmental laws and regulations. The Civil Enforcement Program develops,
litigates, and settles administrative and civil judicial cases against violators of environmental laws.
The Civil Enforcement Program's enforcement of Section 311 of the Clean Water Act, as amended
by the Oil Pollution Act of 1990, is designed to ensure compliance with the prohibition against oil
and hazardous substance spills that violate the statute, as well as the oil spill prevention, response
planning, and other regulatory requirements. The Civil Enforcement Program develops policies,
issues administrative compliance and penalty orders, and refers civil judicial actions to the
Department of Justice to address spills, violations of spill prevention regulations, response
planning regulations and other violations (e.g., improper dispersant use or noncompliance with
orders). The Program also will assist in the recovery of cleanup costs expended by the government
and provides support for field investigations of spills, Facility Response Plan, Spill Prevention,
Control, and Countermeasure, and other requirements.
FY 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 streamline the Civil Enforcement Program, prioritize resources
to achieve regulatory compliance, and address oil or hazardous substance spills in violation of the
statute and deter future spills. The Agency will focus on facilities where enforcement will promote
deterrence, tackle the climate crisis, integrate environmental justice considerations in our work to
protect overburdened and underserved communities that have borne a disproportionate burden of
pollution, and ensure that spills are prevented, cleaned up, and, where appropriate, mitigated. The
717
-------
Civil Enforcement Program also will continue to coordinate with the Criminal Enforcement
Program, as appropriate.
Performance Measure Targets:
Work under this program supports performance results in the Civil Enforcement Program under
the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$102.0) 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.
• (+$23.0) This program increase will support EPA's efforts to achieve regulatory
compliance and address oil or hazardous substance spills in violation of statute.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Clean Water Act; Oil Pollution Act.
718
-------
Oil
719
-------
Oil Spill: Prevention, Preparedness and Response
Program Area: Oil
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
Inland Oil Spill Programs
S 15.100
sk>.:oo
s:ojoj
S J.303
Total Budget Authority
$15,160
$16,200
$20,503
$4,303
Total Workyears
64.8
70.6
85.6
15.0
Program Project Description:
The Oil Spill Prevention, Preparedness and Response Program protects the American people by
preventing, preparing for, responding to, and monitoring inland oil spills. EPA is the lead federal
responder for inland oil spills, including transportation-related spills from pipelines, trucks,
railcars, and other transportation systems. In addition, the Program may provide technical
assistance, assets, and outreach to industry, states, and local communities as part of the Agency's
effort to prevent, prepare for, and respond to oil incidents.633
There are approximately 550,000 Spill Prevention, Control, and Countermeasure (SPCC)
facilities, including a subset of 3,840 Facility Response Plan (FRP) facilities identified as high risk
due to their size and location. The Oil Pollution Act requires certain facilities that store and use oil
to prepare response plans that are reviewed by EPA to ensure availability of response resources in
the event of a discharge to navigable waters or adjoining shorelines.
To minimize the potential impacts to human health and the environment, the Agency targets
inspections at facilities that pose the highest risk. Inspections are essential to ensuring that facility
staff is knowledgeable about prevention and response plans, and quickly able to put these plans
into action. The Agency currently inspects approximately 0.12 percent of SPCC facilities per year.
In FY 2021, EPA found percent 91 of SPCC facilities inspected to be out of compliance at the time
of inspection.634 In FY 2021, EPA continued off-site compliance monitoring activities for 98
SPCC and 250 FRP facilities to further expand the compliance evaluation tools available to
inspectors during the COVID-19 pandemic.635 EPA plans to continue to use off-site compliance
monitoring to complement on-site inspections during FY 2023 and future years.4
633 For more information, please refer to: https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations.
634 Information from the EPA Oil database.
635 In FY 2021, the Agency conducted 348 offsite compliance monitoring activities for SPCC and FRP.
4 For more information, please refer to: https://www.epa.gov/sites/production/files/2020-
07/documents/inspectioncommittments O.pdf.
720
-------
EPA receives spill notifications through the National Response Center. The Agency is responsible
for ensuring all inland oil spills are promptly responded to, working closely with state and local
first responders on smaller spills and leading the response on larger spills. EPA accesses the Oil
Spill Liability Trust Fund, administered by the U.S. Coast Guard, to obtain reimbursement funds
for site specific oil spill response activities.
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 Oil Spill Prevention, Preparedness and Response Program will:
• Inspect oil facilities to ensure compliance with prevention and preparedness requirements.
Inspections involve reviewing the facility's prevention, preparedness, and response plans
and discussing key aspects of these plans with facility staff. EPA also will conduct
unannounced exercises at FRP facilities to test the facility owner/operator's ability to put
preparedness and response plans into action. Finally, EPA will conduct off-site compliance
monitoring activities for oil facilities to allow inspectors to determine compliance from
remote locations as another tool to promote regulatory compliance. EPA will focus
inspections at high-risk facilities. Using the additional funding and FTE requested for FY
2023, the Program will increase inspections and compliance assistance at SPCC and FRP-
regulated facilities, focusing 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.). At a minimum, the Program expects to conduct
an additional 150 inspections at SPCC and FRP-regulated facilities. The Program will
develop additional compliance assistance materials, such as factsheets and facility
guidance, reflecting the potential impacts of climate change and environmental justice.
• Maintain the National Contingency Plan's Subpart J product schedule, which identifies a
list of products that may be used to mitigate oil spills.
• Target exercises to improve preparedness for communities with environmental justice
concerns and increase incorporation of environmental justice into preparedness activities
overall.
• Maintain the National Oil Database, which compiles data for the Program. The database
assists in managing SPCC and FRP information obtained during inspections as well as
serving as a historical repository. The Oil Database provides more efficient access to
regulated facility information to streamline inspection activities and to identify regulatory
applicability. Using the additional funding and FTE requested for FY 2023, EPA will
continue upgrades to the National Oil Database to allow easier data entry, retrieval, and
analysis in order to improve program implementation.
• Deliver required annual oil spill inspector training to federal inspectors and provide
outreach to federal/state partners and industry stakeholders to improve compliance with
721
-------
regulatory requirements. Using the additional funding and FTE requested for FY 2023,
EPA also will develop inspector training materials and methods for inspectors to best assess
SPCC and FRP facilities' incorporation of risks from natural hazards and climate change
into their oil spill prevention and response plans.
• Under the Clean Water Act (CWA) authority, Subpart J of the National Contingency Plan
(NCP) sets forth regulatory requirements for the use of chemical agents as an oil spill
mitigation technology. In 2015, the Agency proposed amendments to Subpart J of the NCP
that included revisions to the existing product listing, testing protocols, and authorization
of use procedures, as well as new provisions for dispersant monitoring. EPA received a
lawsuit notification in January 2020, for which the Court ultimately ruled in August 2021
that EPA must take final action by May 31, 2023. EPA finalized dispersant monitoring
provisions in July 2021. In accordance with the Court ruling, the Agency will work to
publish a final action for the remaining provisions by the ordered date, also addressing
Administration priorities on environmental justice and climate change.
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):
• (+$504.0) 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.
• (+$3,799.0 / +15.0 FTE) This program change is an increase to support Oil Spill
Prevention, Preparedness, and Response activities in fenceline communities at risk from
nearby oil facilities, including providing increased outreach/compliance assistance,
improved inspector training, Oil Database improvements, regulatory updates, and
inspections at regulated facilities to ensure facilities have measures in place to prevent oil
accidents. In addition, resources will be used to develop inspector training materials and
methods. This investment includes $2,609 million in payroll.
Statutory Authority:
The Clean Water Act Section 311 as amended by the Oil Pollution Act.
722
-------
Operations and Administration
723
-------
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
I.caking I nderground Slorage Tanks
$932
$836
$724
-$112
Inland (HI Spill Programs
5628
Vi.S'J
Sfi-ll
-$41
Flazardous Substance Superfiind
$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 workyears in FY 2023 include 5.4 FTE to support Facilities, Infrastructure and Operations working capital fund (WCF) services.
Program Project Description:
EPA's Facilities Infrastructure and Operations Program in the Inland Oil Spill Programs
appropriation supports the Agency's rent, transit subsidy, and facility operations. Funding is
allocated for such services among the major appropriations for the Agency.
FY 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, 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 $483 thousand for rent in the Inland Oil Spill Programs
appropriation. EPA uses a standard methodology to ensure that rent charging appropriately reflects
planned and enacted resources at the appropriation level. EPA also will continue working to
increase sustainability and reduce carbon emissions through cost-effective solutions.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
724
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (-$41.0) 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).
725
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Research: Sustainable Communities
726
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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
I.caking I "ndorground Storage Tanks
S3 03
$320
$337
$17
Inland Oil Spill Programs
S I.NV
SOO-I
Vi V
$10
Hazardous Substance Superfiind
$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 is the lead federal on-scene coordinator for inland oil spills and provides technical assistance,
when needed, for coastal spills.636 EPA is responsible for oil spill preparedness, response, and
associated research, as well as having the lead role to develop protocols for testing spill
response products and agents, which is planned with the assistance of partner agencies including,
the United States Coast Guard, United States Department of the Interior, United States Department
of Transportation, and United States Department of Commerce.
EPA's Sustainable and Healthy Communities (SHC) Research Program for inland oil spills,
funded through the Oil Spill Liability Trust Fund,637 provides federal, tribal, state, and
community decision-makers with analysis and tools to protect human and ecosystem health from
the negative impacts of oil spills. EPA assists communities, including economically, socially,
and environmentally disadvantaged or impacted communities, by supporting local officials in
their response to a spill. As a result of EPA's research, responders can make more informed
decisions on approaches and methods to reduce the spread and impact of coastal and inland oil
spills, including pipeline and railway spills. Additionally, EPA's remediation expertise is
critical in addressing potential impacts to communities and their environmental resources
associated with pipeline and railway oil spills.
In support of these response efforts, EPA conducts research related to the Agency's National
Contingency Plan (NCP) Product Schedule.638 The NCP is used nationwide by emergency
responders and federal agencies in responding to oil spills. EPA's role is to develop and evaluate
response approaches involving bioremediation, dispersants, and other additives. EPA also
assesses impacts to surface water and groundwater, especially if they affect drinking water
636 For more information, please see: https://www.epa.gov/emergencv-response/epas-scene-coordiiiators-oscs.
637 For more information, please see: https://www.uscg.mil/Mariners/National-Pollution-Funds-Center/About_lSlPFC/OSLTF/.
638 For more information, please see: http://www2.epa.gov/emergency-response/national-contingency-plan-subpart-j.
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supplies. The Agency relies on this research to provide testing procedures that inform cleanup
decisions during an emergency spill response.
Recent Accomplishments of the SHC Research Program include:—
Toxicity of sediment oiled with diluted bitumens to freshwater and estuarine species: EPA
researchers advanced EPA's and the nation's capabilities to respond to oil spills through 1) the
development of a conceptual framework for an integrated oil spill model for societal level
questions;640 2) evaluating in situ burning efficiencies for oil slicks on water;641 3) developing
autonomous and remotely operated underwater vehicles for detecting submerged and dispersed
oil;642 and 4) assessing the impact of salinity on the effectiveness of chemical dispersants.643 The
2010 Deepwater Horizon oil spill resulted in an unprecedented amount of scientific data on the
fate and impact of spilled oil in the ocean. EPA researchers published a paper presenting a
framework based on four knowledge domains: ocean environment, biological ecosystems,
socioeconomics, and human health.640 A causal loop diagram was developed to evaluate linkages
and data gaps, with largest knowledge gaps corresponding to the socioeconomics and human
health domains. This research has prepared the Agency to understand human and environmental
impacts of spilled oil in coastal waters and improves Agency preparedness for emergency
response operations and the use of NCP Product Schedule treating agents.
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 oil spill program will conduct research to support regulatory activities and protocol
development for EPA's programs and to support state-delegated programs. This Program will
provide on-demand technical support at federal, tribal, or state-managed cleanup sites, as well as
assistance during emergencies. The Program will continue to conduct health, environmental
engineering, and ecological research, and prepare planning and analysis tools for localities
nationwide that will facilitate regulatory compliance and improve environmental and health
outcomes.
639 For a more complete view of accomplishments, please see: https://www.epa.gov/research/national-research-programs.
640 Solo-Gabriele, H.M., T. Fiddaman, C. Mauritzen, C. Ainsworth, D. Abramson, I. Berenshtein, E.P. Chassignet, S.S. Chen,
R.N. Conmy, J.W. Farrington, M. Feldman, D. French-McCay, K. Lee, Y. Liu, S.A. Murawski, C. Paris-Limouzy, A. Quigg, C.
Wilson et al. (2021) Towards Integrated Modeling of the Long-term Impacts of Oil Spills. Marine Policy, 131: 104554.
ht tps: // doi. org /1.0.1.01.6/j. inarpol .2021.104554
641 Gullett, B., J. Aurell, A. Holder, R.N. Conmy, D. Sundaravadivelu, N. Lamie, K. Stone, E. Holder (2021) Characterization of
emissions and residues from measures to improve efficiency of in situ oil burns. International Oil Spill Conference Proceedings:
Vol. 2021, No. 1. https://doi.org/1.0.7901./21.69-3358-2021..1.11.41.223
642 Conmy, R.N., L. DiPinto, A. Kukulya, O. Garcia, D. Sundaravadivelu, M. Gloekler, A. Hall, E. Fischell, D. Gomez-Ibanez
(2021) Advances in underwater oil plume detection capabilities. International Oil Spill Conference Proceedings: Vol. 2021, No.
1. ht tps: // do i. org/1.0.7901.121.69-3358-2021.1.1.1.41.330
643 Conmy, R.N., D. Sundaravadivelu, B.A. Schaeffer, B. Robinson, T. King, R. Grosser, E. Holder (2021) Characterizing
dispersion effectiveness at varying salinities. International Oil Spill Conference Proceedings: Vol. 2021, No. 1.
https://doi.org/10.7901/21.69-3358-2021.1.1.141.274
728
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Specific activities in FY 2023 include:
• Evaluating the toxicity of high-latitude crude oil treated with dispersants, surface
washing agents and chemical herding agents. New knowledge from this research helps
the oil spill response by providing more reliable standardized toxicity testing results for oil
and spill response agents in an aquatic environment.
• Conducting research to better understand the aerobic biodegradation of petroleum oils
treated with chemical herders and Surface Washing Agents (SWAs). This research is
critical because 1) chemical herders are agents that remain in the environment after
application; and 2) SWAs are the most used agents on the NCP Product Schedule. Thus,
understanding the long-term fate of these agents is essential.
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
collaboration and 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.
The Office of Research and Development (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)
ORD meets regularly with this committee, which provides advice and
recommendations to ORD on technical and management issues of its research
programs.
• State Engagement
o EPA's state engagement644 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.
• Tribal Partnerships
o 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.
644 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
729
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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):
• (+$8.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
• (+$2.0) This program change is an increase to the Sustainable and Healthy Communities
Oil Spills research program, focusing on adding to research capacity to support regulatory
activities and protocol development for EPA's programs and in support of state-delegated
programs.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified as Title 5 App.) (EPA's organic statute); Oil Pollution Act.
730
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - State and Tribal Assistance Grants
Program Projects in STAG 738
Categorical Grants 742
Categorical Grant: Beaches Protection 743
Categorical Grant: Brownfields 745
Categorical Grant: Environmental Information 748
Resource Recovery and Hazardous Waste Grants 752
Categorical Grant: Lead 756
Categorical Grant: Multipurpose Grants 759
Categorical Grant: Nonpoint Source (Sec. 319) 761
Categorical Grant: Pesticides Enforcement 765
Categorical Grant: Pesticides Program Implementation 767
Categorical Grant: Pollution Control (Sec. 106) 772
Categorical Grant: Pollution Prevention 777
Categorical Grant: Public Water System Supervision (PWSS) 780
Categorical Grant: Radon 783
Categorical Grant: State and Local Air Quality Management 785
Categorical Grant: Toxic Substances Compliance 789
Categorical Grant: Tribal Air Quality Management 791
Categorical Grant: Tribal General Assistance Program 794
Categorical Grant: Underground Injection Control (UIC) 797
Categorical Grant: Underground Storage Tanks 799
Categorical Grant: Wetlands Program Development 801
State and Tribal Assistance Grants (STAG) 803
Diesel Emissions Reduction Grant Program 804
Brownfields Projects 807
Infrastructure Assistance: Alaska Native Villages 811
Infrastructure Assistance: Clean Water SRF 813
Infrastructure Assistance: Drinking Water SRF 818
San Juan Watershed Monitoring 824
Targeted Airshed Grants 830
731
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Safe Water for Small & Disadvantaged Communities 832
Reducing Lead in Drinking Water 834
Lead Testing in Schools 836
Drinking Water Infrastructure Resilience and Sustainability 838
Technical Assistance for Wastewater Treatment Works 840
Sewer Overflow and Stormwater Reuse Grants 842
Water Infrastructure Workforce Investment 844
Technical Assistance and Grants for Emergencies (SDWA) 846
Technical Assistance and Grants for Emergencies, Small Systems 848
Source Water Petition Program 850
Voluntary Connections to Public Water Systems 852
Underserved Communities Grant to Meet SDWA Requirements 854
Small System Water Loss Identification and Prevention 856
Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability
858
Indian Reservation Drinking Water Program 860
Advanced Drinking Water Technologies 862
Wastewater Efficiency Grant Pilot Program 864
Clean Water Infrastructure Resiliency and Sustainability Program 866
Small and Medium Publicly Owned Treatment Works Circuit Rider Program 868
Grants for Low and Moderate income Household Decentralized Wastewater Systems 870
Connection to Publicly Owned Treatment Works 872
Stormwater Infrastructure Technology 874
Stormwater Control Infrastructure Project Grants 876
Alternative Water Sources Grants Pilot Program 878
Enhanced Aquifer Use and Recharge 880
Water Sector Cybersecurity 882
Clean Water Act Research, Investigations, Training, and Information 884
Water Data Sharing Pilot Program 886
732
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: State and Tribal Assistance Grants
Resource Summary Table
(Dollars in Thousands)
FY 2023
FY 2021
FY 2022
FY 2023
President's Budget
Final
Annualized
President's
v.
Actuals
CR
Budget
State and Tribal Assistance Grants
Budget Authority
$4,557,273
$4,313,901
$5,729,143
$1,415,242
Total Workyears
8.3
7.0
126.6
119.6
Bill Language: State and Tribal Categorical Grants
For environmental programs and infrastructure assistance, including capitalization grants for
State revolving funds and performance partnership grants, $5,729,143,000, to remain available
until expended, of which—
(1) $1,638,847,000 shall be for making capitalization grants for the Clean Water State Revolving
Funds under title VI of the Federal Water Pollution Control Act; and of $1,126,095,000 shall be
for making capitalization grants for the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal year 2023, to the extent there are
sufficient eligible project applications and projects are consistent with State Intended Use Plans,
not less than 10 percent of the funds made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by the State for projects to address green
infrastructure, water or energy efficiency improvements, or other environmentally innovative
activities: Providedfurther, That the Administrator is authorized to use any remaining funds made
available under section 608(f) of title VI of the Federal Water Pollution Control Act (33 U.S.C.
1388), in addition to amounts otherwise available, after necessary funds are used to carry out the
management and oversight of section 608, up to $1,500,000for conducting the Clean Watersheds
Needs Survey: Providedfurther, That for fiscal year 2023, funds made available under this title to
each State for Drinking Water State Revolving Fund capitalization grants may, at the discretion
of each State, be used for projects to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities: Provided further, that the
Administrator is authorized to use any remaining funds made available under section 1452(4)(F)
of the Safe Drinking Water Act, in addition to amounts otherwise available, after necessary funds
are used to carry out the management and oversight of section 1452(4), up to $1,500,000 for
conducting the Drinking Water Needs Survey: Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used by a State to administer the fund shall not
apply to amounts included as principal in loans made by such fund in fiscal year 2023 and prior
years where such amounts represent costs of administering the fund to the extent that such amounts
are or were deemed reasonable by the Administrator, accounted for separately from other assets
in the fund, and usedfor eligible purposes of the fund, including administration: Providedfurther,
That for fiscal year 2023, notwithstanding the provisions of subsections (g)(1), (h), and (I) of
section 201 of the Federal Water Pollution Control Act, grants made under title II of such Act for
733
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American Samoa, Guam, the Commonwealth of the Northern Marianas, the United States Virgin
Islands, and the District of Columbia may also be made for the purpose of providing assistance:
(1) solely for facility plans, design activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or more principal residences or small
commercial establishments: Provided further, That for fiscal year 2023, not-withstanding the
provisions of such subsections (g)(1), (h), and (I) of section 201 and section 518(c) of the Federal
Water Pollution Control Act, funds reserved by the Administrator for grants under section 518(c)
of the Federal Water Pollution Control Act may also be used to provide assistance: (1) solely for
facility plans, design activities, or plans, specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for the construction, repair, or replacement of
privately owned treatment works serving one or more principal residences or small commercial
establishments: Provided further, That for fiscal year 2023, notwithstanding any provision of the
Federal Water Pollution Control Act and regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for grants under section 518(c) of such Act
may also be usedfor grants for training, technical assistance, and educational programs relating
to the operation and management of the treatment works specified in section 518(c) of such Act:
Providedfurther, That for fiscal year 2022, funds reserved under section 518(c) of such Act shall
be available for grants only to Indian tribes, as defined in section 518(h) of such Act and former
Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native
Villages as defined in Public Law 92-203: Provided further, That for fiscal year 2023,
notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts in section 1452(i) of the Safe Drinking
Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is
greater, for State Revolving Funds under such Acts may be reserved by the Administrator for
grants under section 518(c) and section 1452(i) of such Acts: Providedfurther, That for fiscal year
2023, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution
Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act,
may be reserved by the Administrator for grants made under title II of the Federal Water Pollution
Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and
United States Virgin Islands: Provided further, That for fiscal Year 2023, notwithstanding the
limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water State Revolving Fund programs under
the Safe Drinking Water Act may be reserved by the Administrator for grants made under section
1452(j) of the Safe Drinking Water Act: Provided further, That 10 percent of the funds made
available under this title to each State for Clean Water State Re- volving Fund capitalization
grants and 14 percent of the funds made available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy
to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or
any combination of these), and shall be so used by the State only where such funds are provided
as initialfinancing for an eligible recipient or to buy, refinance, or restructure the debt obligations
of eligible recipients only where such debt was incurred on or after the date of enactment of this
Act, or where such debt was incurred prior to the date of enactment of this Act if the State, with
concurrence from the Administrator, determines that such funds could be used to help address a
734
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threat to public health from heightened exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to public health from heightened exposure
to lead in a municipal drinking water supply before the date of enactment of this Act: Provided
further, That in a State in which such an emergency declaration has been issued, the State may
use more than 14 percent of the funds made available under this title to the State for Drinking
Water State Revolving Fund capitalization grants to provide additional subsidy to eligible
recipients: Providedfurther, That notwithstanding section 1452(o) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(o)), for fiscal years 2023-2027, the Administrator shall reserve $12,000,000
of amounts made available for making capitalization grants for the Drinking Water State
Revolving Funds to pay the costs of monitoring for unregulated contaminants under section
1445(a)(2)(C) of such Act;
(2)$30,000,000 shall be for architectural, engineering, planning, design, construction and related
activities in connection with the construction of high priority water and wastewater facilities in
the area of the United States-Mexico Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this appropriations Act to address the water,
wastewater and other critical infrastructure needs of the colonias in the United States along the
United States-Mexico border shall be made available to a county or municipal government unless
that government has established an enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction of any additional colonia areas, or
the development within an existing colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary infrastructure;
(3) $40,000,000 shall be for grants to the State of Alaska to address drinking water andwastewater
infrastructure needs of rural and Alaska Native Villages: Provided, That of these funds: (A) the
State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may
be usedfor administrative and overhead expenses; and (C) the State of Alaska shall make awards
consistent with the Statewide priority list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out
by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control
Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional
hub communities;
(4) $130,982,000 shall be to carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs;
(5) $150,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of2005;
(6) $59,000,000 shall be for targeted airshed grants in accordance with the terms and conditions
in the explanatory statement described in section 4 (in the matter preceding division A of this
consolidated Act);
(7) $4,000,000 shall be to carry out the water quality program authorized in section 5004(d) of the
Water Infrastructure Improvements for the Nation Act (Public Law 114-322);
735
-------
(8) $80,002,000 shall be for grants under subsections (a) through (j) of section 1459A of the Safe
Drinking Water Act (42 U.S.C. 300j-19a);
(9) $36,500,000 shall be for grants under section 1464(d) of the Safe Drinking Water Act (42
U.S.C. 300j-24(d));
(10) $182,002,000 shall be for grants under section 1459B of the Safe Drinking Water Act (42
U.S.C. 300j-19b);
(11) $25,000,000 shall be for grants under section 1459A(l) of the Safe Drinking Water Act (42
U.S.C. 300j-19a(l));
(12) $18,000,000 shall be for grants under section 104(b)(8) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(b)(8));
(13) $280,000,000 shall be for grants under section 221 of the Federal Water Pollution Control
Act (33 U.S.C. 1301);
(14) $17,711,000 shall be for grants under section 4304(b) of the America's Water
Infrastructure Act of 2018 (Public Law 115-270);
(15) $1,311,004,000 shall be for grants, including associated program support costs, to States,
federally recognized tribes, interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention, control and abatement, and
related activities, including activities pursuant to the provisions set forth under this heading
in Public Law 104 134, and for making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities subject to terms and conditions
specified by the Administrator, and under section 2301 of the Water and Waste Act of 2016 to
assist States in developing and implementing programs for control of coal combustion
residuals, of which: $46,954,000 shall be for carrying out section 128 of CERCLA;
$15,000,000 shall be for Environmental Information Exchange Network grants, including
associated program support costs; $1,505,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, which shall be in addition to funds appropriated
under the heading "Leaking Underground Storage Tank Trust Fund Program" to carry out the
provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue
Code other than section 9003(h) of the Solid Waste Disposal Act; $18,500,000 of the funds
available for grants under section 106 of the Federal Water Pollution Control Act shall be for
State participation in national- and State-level statistical surveys of water re- sources and
enhancements to State monitoring programs; $10,200,000 shall be for multipurpose grants,
including interagency agreements, in accordance with the terms and conditions described in
the explanatory statement described in section 4 (in the matter preceding division A of this
consolidated Act);
(16) $10,000,000 shall be for carrying out section 302(a) of the Save Our Seas 2.0 Act (Public
Law 116-224), including up to two percent of this amount for the Environmental Protection
Agency's administrative costs. Provided That notwithstanding section 302(a) of such Act, the
736
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Administrator may also provide grants pursuant to such authority to intertribal consortia,
consistent with the requirements in 40 C.F.R. 35.504(a), to former In- dian reservations in
Oklahoma (as determined by the Secretary of the Interior), and Alaskan Native Villages as
defined in Public Law 92-203;
(17) $50,000,000 shall be for grants under section 1442(b) of the Safe Drinking Water Act (42
U.S.C. 300j-l(b)), of which $15,000,000 shall be for emergency situations affecting small
public water systems;
(18) $5,000,000 shall be for grants under section 1454(c) of the Safe Drinking Water Act (42
U.S.C. 300j-14(c));
(19) $20,000,000 shall be for grants under section 1459A(m) of the Safe Drinking Water Act
(42 U.S.C. 300j-19a(m));
(20) $50,000,000 shall be for grants under section 1459A (n) of the Safe Drinking Water Act (42
U.S.C. 300j-19a(n));
(21) $50,000,000 shall be for grants under section 1459E of the Safe Drinking Water Act (42
U.S.C. 300j-19f);
(22) $50,000,000 shall be for grants under section 1459F of the Safe Drinking Water Act (42
U.S.C. 300j-19g);
(23) $50,000,000 shall be for carrying out section 2001 of the America's Water Infrastructure
Act of 2018 (Public Law 115-270, 42 U.S.C. 300j-3c note); Provided, that the Administrator
may award grants and enter into contracts with tribes, intertribal consortia, public or private
agencies, institutions, organizations, and individuals, without regard to section 3324(a) and
(b) of title 31 and section 6101 of title 41, United States Code, and enter into interagency
agreements as appropriate;
(24) $10,000,000 shall be for grants under section 1459G(b) of the Safe Drinking Water Act
(42 U.S.C. 300j-19h(b));
(25) $ 75,000,000, in addition to amounts otherwise available, shall be for grants under sections
104(b)(3), 104(b)(8), and 104(g) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(3), 1254(b)(8) and 1254(g));
(26) $20,000,000 shall be for grants under section 222 of the Federal Water Pollution Control
Act (33 U.S.C. 1302);
(27) $25,000,000 shall be for grants under section 223 of the Federal Water Pollution Control
Act (33 U.S.C. 1302a);
(28) $10,000,000 shall be for grants under section 224 of the Federal Water Pollution Control
Act (33 U.S.C. 1302b);
737
-------
(29) $50,000,000 shall be for grants under section 226 of the Federal Water Pollution Control
Act (33 U.S.C. 1302d);
(30) $40,000,000 shall be for grants under section 227 of the Federal Water Pollution Control
Act (33 U.S.C. 1302e);
(31) $15,000,000 shall be for grants under section 50213 of the Infrastructure Investment and
Jobs Act (42 U.S.C. 10361 note; Public Law 117—58);
(32) $5,000,000 shall be for grants under section 50217(b) of the Infrastructure Investment and
Jobs Act (33 U.S.C. 1302f(b); Public Law 117-58);
(33) $10,000,000 shall be for grants under section 50217(c) of the Infrastructure Investment
and Jobs Act (33 U.S.C. 1302f(c); Public Law 117-58);
(34) $25,000,000 shall be for grants under section 220 of the Federal Water Pollution Control
Act (33 U.S.C. 1300);
(35) $5,000,000 shall be for grants under section 124 of the Federal Water Pollution Control
Act (33 U.S.C. 1276); and
(36) $25,000,000, in addition to amounts otherwise available, shall be for competitive grants
to meet cybersecurity infrastructure needs within the water sector. Provided, That up to 5
percent of the funds appropriated under this heading in each of paragraphs (17) through (35)
may be reserved for salaries, expenses, and administration, and may be transferred to the
Environmental Programs and Management account or the Science and Technology account as
needed.
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 STAG
[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
State and Tribal Assistance Grants (STAG)
Infrastructure Assistance: Alaska
Native Villages
$36,607
$36,186
$40,000
$3,814
Brownfields Projects
$101,296
$90,982
$130,982
$40,000
Infrastructure Assistance: Clean Water
SRF
$1,788,798
$1,638,826
$1,638,847
$21
Infrastructure Assistance: Drinking
Water SRF
$1,224,269
$1,126,088
$1,126,095
$7
738
-------
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
Infrastructure Assistance: Mexico
Border
$19,591
$30,000
$30,000
$0
Diesel Emissions Reduction Grant
Program
$87,360
$90,000
$150,000
$60,000
Targeted Airshed Grants
$52,895
$59,000
$59,000
$0
San Juan Watershed Monitoring
$6,363
$4,000
$4,000
$0
Safe Water for Small & Disadvantaged
Communities
$45,312
$26,408
$80,002
$53,594
Reducing Lead in Drinking Water
$40,053
$21,511
$182,002
$160,491
Lead Testing in Schools
$19,430
$26,500
$36,500
$10,000
Drinking Water Infrastructure
Resilience and Sustainability
$0
$4,000
$25,000
$21,000
Technical Assistance for Wastewater
Treatment Works
$0
$18,000
$18,000
$0
Sewer Overflow and Stormwater Reuse
Grants
$6,308
$40,000
$280,000
$240,000
Water Infrastructure Workforce
Investment
$0
$3,000
$17,711
$14,711
Technical Assistance and Grants for
Emergencies (SDWA)
$0
$0
$35,000
$35,000
Technical Assistance and Grants for
Emergencies, Small Systems
$0
$0
$15,000
$15,000
Source Water Petition Program
$0
$0
$5,000
$5,000
Voluntary Connections to Public Water
Systems
$0
$0
$20,000
$20,000
Underserved Communities Grant to
Meet SDWA Requirements
$0
$0
$50,000
$50,000
Small System Water Loss
Identification and Prevention
$0
$0
$50,000
$50,000
Midsize and Large Drinking Water
System Infrastructure Resilience and
Sustainability
$0
$0
$50,000
$50,000
Indian Reservation Drinking Water
Program
$0
$0
$50,000
$50,000
Advanced Drinking Water
Technologies
$0
$0
$10,000
$10,000
Clean Water Act Research,
Investigations, Training, and
Information
$0
$0
$75,000
$75,000
739
-------
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
Wastewater Efficiency Grant Pilot
Program
$0
$0
$20,000
$20,000
Clean Water Infrastructure Resiliency
and Sustainability Program
$0
$0
$25,000
$25,000
Small and Medium Publicly Owned
Treatment Works Circuit Rider
Program
$0
$0
$10,000
$10,000
Grants for Low and Moderate income
Household Decentralized Wastewater
Systems
$0
$0
$50,000
$50,000
Connection to Publicly Owned
Treatment Works
$0
$0
$40,000
$40,000
Water Data Sharing Pilot Program
$0
$0
$15,000
$15,000
Stormwater Infrastructure Technology
$0
$0
$5,000
$5,000
Stormwater Control Infrastructure
Project Grants
$0
$0
$10,000
$10,000
Alternative Water Sources Grants Pilot
Program
$0
$0
$25,000
$25,000
Enhanced Aquifer Use and Recharge
$0
$0
$5,000
$5,000
Water Sector Cybersecurity
$0
$0
$25,000
$25,000
Subtotal, State and Tribal Assistance
Grants (STAG)
$3,428,280
$3,214,501
$4,408,139
$1,193,638
Categorical Grants
Categorical Grant: Nonpoint Source
(Sec. 319)
$180,139
$177,000
$188,999
$11,999
Categorical Grant: Public Water
System Supervision (PWSS)
$110,341
$112,000
$132,566
$20,566
Categorical Grant: State and Local Air
Quality Management
$241,186
$229,500
$322,198
$92,698
Categorical Grant: Radon
$8,685
$7,795
$12,487
$4,692
Categorical Grant: Pollution Control
(Sec. 106)
Monitoring Grants
$15,458
$17,267
$19,515
$2,248
Categorical Grant: Pollution
Control (Sec. 106) (other
activities)
$212,284
$212,733
$232,023
$19,290
Subtotal, Categorical Grant: Pollution
Control (Sec. 106)
$227,741
$230,000
$251,538
$21,538
740
-------
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
Categorical Grant: Wetlands Program
Development
$10,111
$14,192
$15,079
$887
Categorical Grant: Underground
Injection Control (UIC)
$10,604
$11,164
$11,387
$223
Categorical Grant: Pesticides Program
Implementation
$12,148
$12,294
$14,027
$1,733
Categorical Grant: Lead
$15,895
$14,275
$24,639
$10,364
Resource Recovery and Hazardous
Waste Grants
$110,760
$101,500
$118,247
$16,747
Categorical Grant: Pesticides
Enforcement
$24,321
$24,000
$25,580
$1,580
Categorical Grant: Pollution
Prevention
$5,022
$4,630
$5,775
$1,145
Categorical Grant: Toxics Substances
Compliance
$6,151
$4,760
$6,877
$2,117
Categorical Grant: Tribal General
Assistance Program
$69,308
$66,250
$85,009
$18,759
Categorical Grant: Underground
Storage Tanks
$1,475
$1,475
$1,505
$30
Categorical Grant: Tribal Air Quality
Management
$12,964
$13,415
$23,126
$9,711
Categorical Grant: Environmental
Information
$9,866
$9,336
$15,000
$5,664
Categorical Grant: Beaches Protection
$10,863
$9,619
$9,811
$192
Categorical Grant: Brownfields
$46,752
$46,195
$46,954
$759
Categorical Grant: Multipurpose Grants
$14,297
$10,000
$10,200
$200
Subtotal, Categorical Grants
$1,128,627
$1,099,400
$1,321,004
$221,604
Clean and Safe Water Technical
Assistance Grants
Congressionally Mandated Projects
$365
$0
$0
$0
TOTAL STAG
$4,557,273
$4,313,901
$5,729,143
$1,415,242
741
-------
Categorical Grants
742
-------
Categorical Grant: Beaches Protection
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
s/n.soj
S V.6IV
s'j.sn
.S /V2
Total Budget Authority
$10,863
$9,619
$9,811
$192
Program Project Description:
EPA's Beach Grant Program awards grants to eligible coastal and Great Lakes states, territories,
and tribes to improve water quality monitoring at beaches and to notify the public of beach
advisories and closings. The Beach Grant Program is a collaborative effort between EPA, states,
territories, local governments, and tribes to help ensure that coastal and Great Lakes recreational
waters are safe for swimming. Congress created the program with the passage of the Beaches
Environmental Assessment and Coastal Health Act (BEACH Act) with the goal of reducing risk
to the public of waterborne disease related to the use of recreational water.
EPA awards grants to eligible states, territories, and tribes using an allocation formula developed
in consultation with states and other organizations. The allocation takes into consideration beach
season length, beach miles, and beach use.645
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.
Eligible states, territories, tribes, and localities will receive grant funding to continue to:
• Administer the grant program;
• Implement monitoring and notification programs consistent with EPA guidance; and,
• Submit monitoring and advisory data to EPA for production of an annual report646 in a
timely manner.
645 For more information , please see: www.epa.gov/beach-tech/beach-grants. See. EPA's Beach Advisory and Closing On-line
Notification (BEACON) system (https://watersgeo.epa.gov/beacon2/Beacon.html') for water quality and notification data that
grant recipients provide to EPA.
646 For more information, please see: https://www.epa.gov/beach-tech/annual-beach-swimming-season-reports.
743
-------
111FY 2023' funding will be used to:
• Increase number of tribes receiving BEACH Act grant funds;
• Increase allocation to each eligible tribe to allow for effective implementation of
notification and monitoring programs and required reporting; and,
• Increase allocation for jurisdictions to add notification and monitoring programs at
beaches in underserved communities per the Administration's Justice40 initiative.
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):
• (+$192.0) This increase of resources supports EPA's state and tribal partners through the
Beaches grants program.
Statutory Authority:
Clean Water Act, BEACH Act of 2000.
744
-------
Categorical Grant: Brownfields
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
S-10. '52
S-/0.IV5
S -I0.V5-I
.s ~5v
Total Budget Authority
$46,752
$46,195
$46,954
$759
Program Project Description:
EPA's Brownfields Program is a successful model of the Agency working cooperatively with
states, tribes, local governments, and other agencies to help communities oversee, plan, assess, and
cleanup brownfield properties. State and Tribal Response Programs address contaminated sites
that do not require federal action but need assessment and/or cleanup before they can be considered
ready for reuse. The Program allocates funding to states and tribes to establish core capabilities,
enhance their response programs, and conduct site assessments and cleanups.
Approximately 143 million people (roughly 44 percent of the U.S. population) live within three
miles of a brownfields site that received EPA funding.647 Since its inception, the Brownfields
Program has fostered a community-driven approach to the reuse of contaminated sites. As of
March 2022, the State and Tribal Response Programs have leveraged more than 15,474 jobs and
$2.7 billion in other funding. State and Tribal funding spent on site-specific brownfields work has
contributed to 3,868 sites assessed, 518 sites cleaned up, and 1,667 sites made ready for anticipated
reuse (RAU). Sites receiving these funds are 1.5 times more likely to become RAU than sites
receiving brownfields competitive grant funding alone. In 2021, EPA provided funding to 171
states, tribes, territories, and the District of Columbia.648
This funding is a critical source for state and tribal partners to establish and grow their brownfields
programs. Over 100 tribes have received brownfields funding to build their programs, and
cumulatively these programs have cleaned up over 3,600 properties and made over 110,000 acres
ready for reuse. Addressing brownfields on tribal lands also has leveraged over 1,020 jobs and
$150 million.649
647 U.S. EPA, Office of Land and Emergency Management 2020. Data collected includes: (1) Superfund, Brownfield, and RCRA
CA site information as of the end of FY2019; (2) UST/LUST information as of late-2018 to mid-2019 depending on the state; and
(3) 2015-2018 American Community Survey (ACS) Census data.
648 Data from U.S. EPA Assessment, Cleanup and Redevelopment Exchange System (ACRES).
649 Data from U.S. EPA ACRES.
745
-------
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 requests an investment of $759 thousand to provide states and tribal nations with
additional financial and technical assistance resources to build their state and tribal response
programs. This investment also will assist our partners to achieve progress on the ground. EPA
will continue to allocate funding support to approximately 170 state and tribal response programs
to oversee the cleanup at approximately 35,000 properties.
States and tribes may use categorical grant funding provided under this program in the following
ways:
• Conducting site-specific activities, such as assessments and cleanups at brownfields
sites;650
• Developing mechanisms and resources to provide meaningful opportunities for public
participation;
• Developing mechanisms for approval of cleanup plans, and verification and certification
that cleanup efforts are complete;
• Creating an inventory of brownfields sites;
• Capitalizing a Revolving Loan Fund for brownfields-related work;
• Developing a public record;
• Developing oversight and enforcement authorities, or other mechanisms and resources;
• Purchasing environmental insurance;
• Developing state and tribal tracking and management systems for land use, institutional
and engineering controls; and
• Conducting public education and outreach efforts to ensure that tribal communities are
informed and able to participate in environmental decision-making.
Performance Measure Targets:
Work under this program supports performance results in the Brownfields Projects Program under
the STAG appropriation.
650 For more information, please refer to: https://www.epa.gov/browiifLelds/state-and-tribal-response-program-grants.
746
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$759.0) This increase will provide states and tribal nations with additional financial and
technical assistance resources to build their brownfields response programs. This
investment will assist our partners to achieve progress on the ground.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 128(a).
747
-------
Categorical Grant: Environmental Information
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
SV.NMt
S(>-!
Total Budget Authority
$9,866
$9,336
$15,000
$5,664
Program Project Description:
The funds provided under this categorical grant support the Environmental Information Exchange
Network (EN), which is a critical component of the Agency' s Data Strategy and supports Executive
Order (EO) 13985. Advancing Racial Equality and Supportfor Under served Communities through
the Federal Government1 The EN is a standards-based, secure approach for EPA and its tribal,
state, and territorial partners to exchange and share environmental data over the internet. The EN
offers its partners tremendous potential for managing, accessing, and analyzing environmental data
more effectively and efficiently.
The Exchange Network Grant Program provides funding to tribes, states, and territories to support
their participation in the EN through integration and development of tools leveraging EN
technology, data standards, open-source software, shared services, and reusable components. EN
partners acquire and develop the hardware, software, and data infrastructure needed to collect,
report, and access environmental data with greater efficiency and integrate information across
programs. The EN is the standard approach to share data across tribes, states, territories, and EPA.
The EN Grant Program also plays a critical role in evolving the EN technology to support the
vision of the Digital Strategy.
FY 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 Environmental Information Programs and activities will continue to focus on
environmental justice (EJ) for tribal, state, and territorial partnerships in support of EO 13985:
Advancing Racial Equality and Support for Underserved Communities through the Federal
Government,651 The EN Program plays a critical role in supporting the Administration's
comprehensive approach to advancing equity for all, including people of color and others who
have been historically underserved, marginalized, and adversely affected by persistent poverty and
inequality. Tribes are often understaffed and under resourced and lack the capacity to take on the
development of data and Information Technology (IT) management related environmental media.
651 For additional information, please see: https://www.whitehouse.gov/briefuig-room/presidential-actions/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/.
748
-------
Outreach, training, and targeted Data and IT capacity building funding opportunities within the
EN Grant Program Solicitation Notice have resulted in tribes receiving 29 percent of grant
resources awarded in FY 2021.
In FY 2023, the EN Grant Program will prioritize increasing the Data and IT management capacity
of the tribal and territorial partners to increase their participation in the EN. A key funding area
within the FY 2023 EN Grant Solicitation Notice will continue to be capacity building for tribes
and territories with the inclusion of mentoring resources for first time tribal and territorial
applicants. EPA annually awards over $2.5 million of overall grant program resources to tribal
recipients. To increase the support for tribal and territorial partners, EPA requests an increase of
approximately $5.7 million in FY 2023 to establish a minimum funding level within the overall
EN Grant program funding exclusively dedicated to tribal & territorial grantees to build capacity
with funding assistance and mentoring. Under this minimum funding level, EPA estimates an
additional 15 to 17 tribal and territorial grants will be awarded for a total of 26 to 31 FY 2023
tribal and territorial awards. EPA will continue to work agencywide to improve the leveraging of
grant resources that sustain tribal Data and IT management activities.
Through its Cooperative Agreement with the Institute for Tribal Environmental Professionals
(ITEP), the EN Grant Program will support multiple Data Academy sessions which emphasize
basic data management skills critical to effectively manage environmental programs. The annual
Tribal EN Conference held by ITEP will continue to focus on Data and IT management training
sessions. It also will include information transfer sessions based on topics identified by over 100
tribes in a baseline assessment conducted by a Tribal EN Group supported by ITEP as well as input
from tribes to the Office of Mission Support - Environmental Information (OMS-EI) Tribal five-
year Strategic Plan, which is planned to be completed in FY 2022. Outreach activities such as
webinars and story maps outlining tribal success stories from using EN Grant Program awards also
will continue to be a high priority to expand tribal knowledge about the benefits of applying for
EN grants.
Tribal engagement and participation in EN efforts has significantly increased over the past few
years with tribes participating in governance groups. As a result, tribes have requested greater EN
program administration support, comparable to what states receive. Given the continuing growth
in tribal participation in the EN and the expansion of rural broadband through the American
Broadband Initiative,652 EPA anticipates many more tribes will engage in data management and
electronic reporting and, consequently, there will be expanded interest in tribal participation in the
EN. In response to this need, EPA will dedicate resources for program administration support to
increase tribal engagement in the EN. These resources will support strategic planning and
developing implementation approaches for tribes to participate in the EN, build data management
and technical capacity, and enable the EN Grant Program to measure the effectiveness of these
approaches to meet this goal. This will support EO 13985 and strengthen EJ to revitalize
underserved communities.
In FY 2023, EPA will continue to support the EN through a cooperative agreement with the
Environmental Council of the States under the associated program support cost authority (Public
652 For additional information, please see: https://www.ntia.doc.gov/blog/2019/american-broadband-iiiitiative-expand-
connectivity-all-americans.
749
-------
Law 113-76653). This includes direct support to governance, which represents a cross-section of
EPA, state, and tribal organizations.
Under this strategy of state, local, and tribal partnerships, the Agency will continue to advance its
business processes, data management, and systems to reduce reporting burden on states and
regulated facilities, as well as improve the effectiveness and efficiency of environmental protection
programs for all partners. Currently, a total of 166 state, tribal, and territorial partners qualify for
EN grants projects. In FY 2023, at the requested resource level, EPA anticipates awarding between
50 and 55 grants with 26 to 31 of these grants being awarded to tribes. The grant awards will assist
states, tribes, and territories in implementing activities that align with the three areas outlined in
the EN Solicitation Notice. These are:
• Increased Data Access and Innovative Business Processes: These activities support the
partners' ability to share cross-state, cross-tribal or state-tribal data. The emphasis is on
activities which create services and tools that make data available and sharable on-demand
through portals, web services, and application programming interfaces. EN partners are
encouraged to implement innovative approaches to collecting, publishing, and sharing data
that reduce costs associated with capturing data in the field while making it more accessible
to stakeholders.
• Eliminate paper submittals and expand e-reporting: Grant projects will support developing
and implementing EN air, water, and land data flows that enable automated reporting to
EPA systems.
• Augment the Information Management Capacity of EN Partners: Some existing and
potential tribal and territorial EN partners have limited experience with electronic data
collection and management. Tribal and territorial governments can use grants to conduct
coordinated efforts and leverage the EN services given their unique regulatory
responsibilities and data needs.
The "National Environmental Information Exchange Network Grant Program Solicitation Notice"
sets forth the process for awarding grant funding to states, tribes, and territories.654 It is an annual
guidance document that describes eligibility requirements, the process for application preparation
and submission, evaluation criteria, award administration information, and post-award monitoring
procedures.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
653 For additional information, please see: https://www.gpo.gov/fdsys/pkg/PLAW-l 13imbl76/pdf/PLAW-l 13publ76.pdf.
654 For additional information, please see: https://www.epa.gov/exchaiigeiietwork/exchaiige-network-grant-program.
750
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$5,664.0) This program change proposes to increase the funding available for tribal &
territorial grant applicants to build capacity with funding assistance and mentoring. This
investment also supports Executive Order 13985: Advancing Racial Equality and Support
for Underserved Communities through the Federal Government.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Consolidated Appropriations Act, 2022, Pub. L.
117-103.
751
-------
Resource Recovery and Hazardous Waste Grants
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
SI 10. '(,<)
S101.500
si is.:-/'
sir,.'-/'
Total Budget Authority
$110,760
$101,500
$118,247
$16,747
Program Project Description:
The Hazardous Waste Financial Assistance Grants help states implement the Resource
Conservation and Recovery Act (RCRA). Through RCRA, EPA and states protect human health
and the environment by minimizing waste generation, preventing the release of millions of tons of
hazardous wastes, and cleaning up land and water. Authorized states conduct the direct
implementation of permitting, corrective action, and enforcement components of the RCRA
Hazardous Waste Management Program.
This grant funding supports all 50 states and six territories. Currently, 48 states and two territories
are authorized to implement the RCRA Program. EPA directly implements the RCRA Program in
the states of Iowa and Alaska, and in Indian Country. EPA also provides project specific small
grants to tribes selected through a competitive process. To ensure statutory requirements are
successful, EPA partners with state and local governments, as well as American businesses and
non-governmental organizations, to significantly improve waste and material management
practices. In FY 2023, EPA will continue a multi-year transition to an updated allocation formula
to distribute Hazardous Waste Financial Assistance Grants to the states. The Agency believes that
using the most recent data will better align cooperative agreement funding to states needs and
maximize the environmental benefits and program performance of this funding. EPA worked in
close consultation with the states during the development of the updated allocation formula and
began implementation in FY 2021.
Federal investment is needed in the U.S. recycling system. The U.S. solid waste management
infrastructure is struggling to maintain pace with rapidly evolving waste streams, leading to
inefficient use of domestic resources. Recycling is an important part of a circular economy, which
refers to a system of activities that enables resources to maintain their highest values and designs
out waste. A circular economy approach provides direct, measurable reductions in greenhouse gas
emissions as resource extraction and processing make up approximately 50 percent of the total
global greenhouse gas emissions.655 Improving and enhancing recycling infrastructure will reduce
impacts from materials extraction and production on climate, address disproportionate impacts of
mismanagement of wastes on overburdened communities, create jobs, and provide feedstock for
the manufacturing sector to produce essential products. Recognizing the importance of these
655 U.N. Environment International Resource Panel, Global Resources Outlook, 2019, p. 8.
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activities, the Infrastructure Investment and Jobs Act (IIJA), enacted on November 15, 2021,656
provided 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.
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 requests a $6.7 million increase to further support our state and territorial partners
with minimizing waste generation and preventing its release into communities. This investment
will assist our partners to achieve progress on the ground. EPA also will continue implementing a
new grant program focused on improving solid waste management infrastructure and post-
consumer materials management. The Solid Waste Infrastructure for Recycling (SWIFR) Program
will help reduce waste, reduce greenhouse emissions, and create jobs. As with EPA's FY 2022
Congressional Justification, the Agency requests a $10 million increase in the STAG appropriation
as a line-item for this program in FY 2023.
In FY 2023, the Agency (and authorized states) will continue to:
• Issue and renew permits to a portion of the 1,300 permitted hazardous waste treatment,
storage, and disposal facilities. This includes working with industry, the public, and states
to address issues related to management of hazardous waste through development and
application of standards, permits, guidance, and training. In FY 2021, EPA and its state
partners achieved 130 permit renewals issued at hazardous waste facilities.
• Process permit modifications to keep pace with evolving business practices, technology,
market conditions, and cleanup decisions.
• Update controls to encourage facilities to modernize technological systems, expand waste
management capability, improve hazardous waste management practices, and make timely
cleanup decisions.
• Inspect facilities to ensure compliance and safety.
• Oversee cleanups at hazardous waste management facilities and focus on completing
cleanup of the 3,924 priority contaminated facilities (the Corrective Action Progress
Track), which include highly contaminated and technically challenging sites.
• Oversee cleanups at high priority contaminated hazardous waste management facilities and
return cleaned up property to productive use. This includes working with state partners to
ensure that responsible parties conduct effective and efficient cleanups that are protective
of human health and the environment and reduce the burden on taxpayers.
656 For more information, please refer to: https://www.congress.gov/1.1.7/plaws/publ58/PLAW-1.1.7publ58.pdf
753
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• Draft implementation documents such as permits and orders, review site assessment plans
and results, review remedy selection documents, oversee remedy implementation, oversee
public participation, and track progress of cleanups.
• Work with tribes to develop tribal hazardous waste management plans; implement
hazardous and universal waste tribal programs; and develop and implement program
enforcement policies and procedures for tribes through the Tribal Hazardous Waste Grant
Program.
• Continue to improve cleanup approaches, share best practices and cleanup innovations657
and address issues of emerging science.
• Distribute grant funds to assist states in adopting new permit programs for the management
of coal combustion residuals.
• Make progress in updating permits to reflect current standards, technologies, and practices.
This includes progress towards meeting the Agency's goal of increasing the percentage of
permits that are kept up to date. EPA continues to assess and respond to permitting program
needs, which states and regions can adopt for greater permitting program efficiency.
• Continue implementing a grant program focused on improving solid waste management
infrastructure and post-consumer materials management. The Solid Waste Infrastructure
for Recycling (SWIFR) recycling program will help reduce waste, reduce greenhouse
emissions, and create jobs
Performance Measure Targets:
Work under this program supports performance results in the RCRA Corrective Action Program
under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$6,747.0) This program increase supports implementing state and territorial partners
with minimizing waste generation and preventing its release into communities. This
investment will assist EPA's partners to achieve progress on the ground.
• (+$10,000.0) This program increase supports the Solid Waste Infrastructure for Recycling
grant program and will build upon the resources provided in IIJA.
657 For more information, please refer to: https://www.epa.gov/hw/toolbox-corrective-action-resource-conservation-and-recoverv-
act-facilities-investigation-remedv.
754
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Statutory Authority:
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act § 3011;
Consolidated Appropriations Act, 2022, Pub. L. 117-103. Save our Seas 2.0, 2020, Pub. L. 116-
224.
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Categorical Grant: Lead
Program Area: Categorical Grants
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
Si tile and Tribal Assistance (iranls
.N/.\JW
S I-1.2S
S 2-l.fi.W
SlOJfi-/
Total Budget Authority
$15,895
$14,275
$24,639
$10,364
Program Project Description:
Lead is highly toxic, especially to young children. Exposure to lead is associated with decreased
intelligence, impaired neurobehavioral development, decreased stature and growth, and impaired
hearing acuity. According to the Centers for Disease Control and Prevention, no safe blood lead
level in children has been identified, and effects of lead exposure cannot be corrected.658'659
Reducing exposure to lead-based paint (LBP) in old housing continues to offer the potential to
significantly decrease blood lead levels in the largest number of children. Housing units
constructed before 1950 are most likely to contain LBP. The most recent national survey estimated
that 37.1 million homes in the U.S. have LBP, and 23.2 million homes have significant LBP
hazards.660 Children living at or below the poverty line who live in older housing are at greatest
risk. Additionally, children of some racial and ethnic groups and those living in older housing are
disproportionately affected.661 Accordingly, the Lead Categorical Grants Program and related
Lead Risk Reduction Program represent strategic opportunities to advance EPA's environmental
justice (EJ) goals.
Because of these historic and persistent disproportional vulnerabilities of certain racial, ethnic, and
low-income communities to LBP, this program has the potential to create significant EJ gains.
EPA's Lead Program contributes to the goal of reducing lead exposure and works toward
addressing historic and persistent disproportional vulnerabilities of certain racial, ethnic and low-
income communities.662
658 Centers for Disease Control and Prevention, Blood Lead Levels in Children, found at:
http://www.cdc.gov/nceh/lead/prevention/blood-lead-levels.htm.
659 Among children ages 1 to 5 years in families with incomes below poverty level, the 95th percentile blood lead was 3.0 |ig/dL,
and among those in families at or above the poverty level, it was 2.1 |ig/dL, a difference that was statistically significant. The
95th percentile blood lead level among all children ages 1 to 5 years was 2.5 ng/dL. The 95th percentile blood lead level in Black
non-Hispanic children ages 1 to 5 years was 3.0 |ig/dL, compared with 2.4 (ig/dL for White non-Hispanic children, 1.8 (ig/dL for
Mexican-American children, and 2.7 (ig/dL for children of "All Other Races/Ethnicities."659 The differences in 95th percentile
blood lead levels between race/ethnicity groups were all statistically significant, after accounting for differences by age, sex, and
income. See. America's Children and the Environment (EPA, 2019), found at:
https://www.epa.gov/americaschildrenenvironment.
660 HUD. (2011 ).American Healthy Homes Survey, Lead and Arsenic Findings.
https://www.hud.gov/sites/documents/AHHS_REPORT.PDF.
661 See. America's Children and the Environment (EPA, 2019), found at: https://www.epa.gov/americaschildrenenvironment.
662 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
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This program will play an important role in achieving the Administration's goals to enhance EJ
and equity, by:
• Establishing standards governing lead hazard identification and abatement practices;
• Establishing and maintaining a national pool of certified firms and individuals who are trained
to carry out lead hazard identification and abatement practices and/or renovation, repair, and
painting projects while adhering to the lead-safe work practice standards and minimizing lead
dust hazards created in such projects; and
• Providing information and outreach to housing occupants and the public so they can make
informed decisions and take actions about lead hazards in their homes.
The Lead Categorical Grant Program contributes to the Lead Risk Reduction Program's goals by
providing support to authorized state and tribal programs that administer training and certification
programs for lead professionals and renovation contractors.663 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 groups and low-income communities. Low-income, minority children are
disproportionally vulnerable to lead exposure and therefore this program, as well as others that
focus on reducing environmental lead levels, have the potential to create significant EJ gains.
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 Lead Categorical Grants Program will continue to provide assistance to states,
territories, the District of Columbia, and tribes to develop and to implement authorized lead-based
paint abatement programs and authorized Renovation, Repair, and Painting (RRP) programs. EPA
directly implements these programs in all areas of the country that are not authorized to do so and
will continue to operate the Federal Lead-based Paint Program Database (FLPP) of trained and
certified lead-based paint professionals.664 Activities conducted as part of this Program include
accrediting training programs, certifying individuals and firms, and providing education and
compliance assistance to those subject to the abatement and RRP regulations and the Public in
support of the Administration's goals to enhance EJ and advance racial equity.
As of February 2022, 39 states and territories, 4 tribes, the District of Columbia, and Puerto Rico
have been authorized to run the LBP abatement program. In addition, 14 states and 1 tribe are
authorized to administer the RRP program. As of January 2022, there were 308 accredited RRP
providers and more than 55 thousand certified renovation firms. In FY 2023, the Agency requests
an increase of $10.3 million to the Lead Categorical Grant Program in addition to continue
blood of children aged 1 to 5 years dropped from 15 micrograms per deciliter in 1976-1980 to 0.7 micrograms per deciliter in
2013-2014, a decrease of 95%. See. America's Children and the Environment (EPA, 2019), found at:
https://www.epa.gov/americaschildrenenvironment.
663 Please visit httjj^www^EaigSlZkasi f°r additional information.
664 Please visit https://cfpub.epa.gov/flpp/pub/index.cfm?do=main.f'imiSearch for additional information.
757
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providing assistance to existing authorized state and tribal lead programs. Additional resources
will support states and tribes in development of authorized LBP programs.
With additional funding EPA also will initiate work to modernize the FLPP database. The current
iteration of the FLPP database was developed nearly 15 years ago, so a modernization effort will
update the data system to take advantage of up-to-date programming and design tools. Some
elements of the current system rely on programming tools that are out of date and require expertise
from system programmers that is no longer commonly available. In the past, these updates have
been done on a piecemeal basis, so additional resources will allow a comprehensive system-wide
update. This will lead to decreased cost of system maintenance, increased system reliability, and
improved user experience.
As part of its implementation activities, EPA conducts outreach to the regulated community and
the public to increase demand for RRP-certified firms and individuals as well as their actual
number. With additional resources, EPA will expand its outreach efforts with the goal of increasing
the number of renovations being performed by trained and certified individuals and firms
following lead-safe work practices, reducing exposure to lead. EPA will produce public service
video and audio announcements (PSAs) in English and Spanish aimed at reaching contractors and
the public, emphasizing the critical role contractors play in preventing lead exposure during RRP
activities and the importance of using certified contractors for renovations. EPA also will expand
its outreach to include older homeowners, a fast-growing number of whom are renovating their
homes for the purposes of aging in place. This messaging will focus on the importance of hiring
certified contractors when renovating pre-1978 homes, for the safety of residents and of those who
visit their homes, including children.
The Agency will further its work in reaching contractors and the public in underserved
communities through the "Enhancing Lead-Safe Work Practices through Education and Outreach"
initiative. To communicate with homeowners more effectively in these communities, EPA will
work directly with local environmental justice organizations that are well-positioned to amplify
and expand its reach in the identified communities.
Performance Measure Targets:
Work under this program supports performance results in the Toxic Substances: Lead Risk
Reduction Program under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$10,364.0) This program change increases funding to support EPA's state and tribal
partners with resources to run programs that develop and implement authorized lead-based
paint (LBP) abatement programs, authorized Renovation, Repair, and Painting (RRP)
programs, and lead poisoning programs.
Statutory Authority:
Toxic Substances Control Act (TSCA), §§ 401-412.
758
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Categorical Grant: Multipurpose Grants
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
S N.2*r
SID.DDI)
S ID.2DD
S2DD
Total Budget Authority
$14,297
$10,000
$10,200
$200
Program Project Description:
EPA and its partners have made enormous progress in protecting air, water, and land resources.
The Multipurpose Grants Program supports states, tribes, and territories in the implementation of
environmental programs which are mandatory statutory duties delegated by EPA under pertinent
environmental laws. Recognizing that environmental challenges differ across tribes, states, and
territories, including climate change factors and environmental justice considerations, the Program
provides EPA's partners with flexibility to target funds to their highest priority efforts to protect
human health and the environment.
FY 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, these funds will support the President's and Administrator's priorities as well as
implementation of environmental programs delegated by EPA under pertinent environmental laws.
Tribes, states, and territories have the flexibility to apply the funds toward activities required in a
broad array of environmental statutes, depending on local needs and priorities. Results are tracked
as required by the Environmental Results Order and support critical work across multiple
environmental programs.
Performance Measure Targets:
EPA's FY 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):
• (+$200.0) This program change is an increase in resources for EPA's state and tribal
partners to continue to advance key environmental priorities in their communities.
759
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Statutory Authority:
Consolidated Appropriations Act, 2022, Pub. L. 117-103; Indian Environmental General
Assistance Program Act (GAP); Pollution Prevention Act (PPA); Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA); Clean Air Act (CAA); Toxic Substances Control Act (TSCA);
National Environmental Policy Act (NEPA); Clean Water Act (CWA); Safe Drinking Water Act
(SDWA); Resource Conservation and Recovery Act (RCRA); Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA); Marine Protection Research and
Sanctuaries Act (MPRSA); and Indoor Radon Abatement Act.
760
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Categorical Grant: Nonpoint Source (Sec. 319)
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
S1MUJV
SI ",000
sifttt.vw
S II.WV
Total Budget Authority
$180,139
$177,000
$188,999
$11,999
Program Project Description:
Section 319 of the Clean Water Act (CWA) broadly authorizes states, territories, and tribes to use
a range of tools to implement their Nonpoint Source Programs, including: regulatory and non-
regulatory programs, technical assistance, financial assistance, education, training, technology
transfers, and demonstration projects.665 Nonpoint source pollution, caused by runoff that carries
excess nutrients, toxics, and other contaminants to waterbodies is the greatest remaining threat to
surface and groundwater quality impairments in the United States. Climate change is increasing
this form of pollution by causing more frequent and intense rain and storm events. As of FY 2022,
the current number of impaired waters is 135,040. NPS pollution is the predominant cause of water
quality problems in the Nation.666
Grants under Section 319 are provided to states, territories, and tribes to help them implement their
EPA-approved Nonpoint Source Management Programs by remediating past nonpoint source
pollution and preventing or minimizing new nonpoint source pollution. Implementation of
watershed-based plans helps states achieve load reductions contained in Total Maximum Daily
Loads to achieve water quality standards.
Since 2006, Section 319 implementation projects have allowed states to remediate over 950
nonpoint source water quality impairments so that waterbodies now meet water quality standards
or have documented progress towards standards. EPA oversees implementation of these program
enhancements and provides technical assistance to support state and tribal nonpoint source
programs. To further accelerate the reduction of nonpoint source pollution, EPA and the U.S.
Department of Agriculture (USDA) continue to enhance coordination to achieve improvements in
water quality via the National Water Quality Initiative. The Initiative targets resources and helps
landowners implement practices to control nutrient, pathogen, and sediment pollution in over 300
small watersheds nationwide.
665 For more information see: https://sam.gov/fal/7798fcedl5el4aa6bf9f67d6dl0b95e0/view.
666 "Of all the waterbodies across the nation that have been assessed and a possible source of impairment identified, 85 percent of
rivers and streams and 80 percent of lakes and reservoirs are polluted by nonpoint sources." (USEPA, 2016)
https://www.epa.gov/sites/default/fLles/2016-10/documents/nps_program_highlights_report-508.pdf
761
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The pervasiveness and widely distributed nature of nonpoint source pollution requires cooperation
and involvement from a wide range of stakeholders to address it, including EPA, other federal
agencies, states, tribes, local governments, nonprofit organizations, conservation districts, and
private landowners. EPA will work closely with and support the many efforts of states, interstate
agencies, tribes, local governments and communities, watershed groups, USD A, Department of
Homeland Security's Federal Emergency Management Agency (FEMA), and other federal
agencies to develop and implement programs and local watershed projects to restore surface water
and groundwater nationwide. EPA provides grant funds to states and over 200 tribes under Section
319 to implement programs to control nonpoint pollution, including reduction of nitrogen,
phosphorus, and sediment loadings. In 2020, Section 319 grants eliminated 45.5 million pounds
of nitrogen, 1.9 million pounds of phosphorus, and 1.7 million tons of sediment from waters.
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 Program will continue to work with states and tribes to strengthen and enhance
their nonpoint source programs. The Section 319 grants will continue to focus on watershed proj ect
implementation and maintaining current Nonpoint Source Management Programs to restore
impaired waterbodies to meet water quality standards and protect unimpaired waters. It has been
demonstrated repeatedly that achieving water quality results requires targeting the primary sources
of nonpoint source pollution in a watershed in the right places with the right practices. Watershed-
based plans enable this targeting by:
• providing an analysis of sources and relative significance of pollutants of concern;
• identifying cost-effective techniques to address those sources;
• assessing the availability of needed resources, authorities, and community involvement to
affect change; and
• enabling monitoring to evaluate nonpoint sources and flows.
Taken together, this information enables states, tribes, and local communities to track progress and
make changes over time to meet their water quality goals.
EPA will continue to forge and strengthen strategic partnerships with other federal agency
programs. The Agency will focus on our partnership with the USDA Natural Resources
Conservation Service (NRCS), which implements Farm Bill conservation programs that can help
control nonpoint source pollution. Agricultural sources of pollution in the form of animal waste,
fertilizer, and sediments have a particularly profound effect on water quality. In FY 2023, EPA will
continue the National Water Quality Initiative partnership with USDA to focus federal resources on
agricultural sources of pollution in select watersheds in every state. EPA will encourage states to
increase their use of Clean Water Act State Revolving Loan Funds to support projects that reduce
nonpoint source pollution.
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To address urban and suburban sources of nonpoint source pollution, EPA will continue to work
closely with a broad set of partners to promote the implementation of low-impact development
practices (also called green infrastructure). Low-impact development practices, such as rain
gardens and permeable pavement, improve climate resiliency and reduce harm to water quality by
reducing peak flows during storms, filtering pollutants, and recharging groundwater. Low-impact
development practices also may produce co-benefits by mitigating the impacts of natural hazards
including flood and drought. Working with states, cities, developers, watershed associations, and
federal agencies such as FEMA with an interest in flood protection and floodplain management,
EPA will continue to spread knowledge and adoption of low-impact development practices. From
FY 2017-2019, EPA funded a series of pilot projects across nine EPA regions that explored how
water quality programs may collaborate with FEMA partners to integrate low-impact development
in state and local FEMA Hazard Mitigation Plans. EPA also has developed a set of training
materials that provide technical, programmatic, and funding guidance for water quality programs
interested in engaging in the Hazard Mitigation planning process. In FY 2023, EPA intends to
finalize these training materials and synthesize lessons learned from the pilot projects to include
in a training curriculum that can be shared broadly.
The Section 319 Program also recognizes the importance of environmental justice (EJ) and is
exploring the role that the Program may play in expanding the investments in pollution reduction
projects that have multiple benefits to communities. In FY 2023, EPA will assess how to integrate
climate and EJ priorities, particularly with regards to the Program's resilience/hazard mitigation
priorities. The Program also will amplify current efforts in regional and state programs to address
nonpoint sources in communities burdened with multiple sources of pollution.
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.
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
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$6,999.0) This program change is an increase in resources to support coordinated
community assistance work in support of the One Water/One Community initiative.
• (+$5,000.0) This program change is an increase of resources to support state nonpoint
source programs, including implementation of nonpoint source projects and statewide
nonpoint source protection activities.
Statutory Authority:
Clean Water Act, § 319.
764
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Categorical Grant: Pesticides Enforcement
Program Area: Categorical Grants
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(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
Si tile anil Tribal Assistance (iranls
S 2-1..121
N 2-1.1)1)1)
S25.5M)
SI. 5X0
Total Budget Authority
$24,321
$24,000
$25,580
$1,580
Program Project Description:
The Pesticides Compliance Monitoring and Enforcement Cooperative Agreement Program
supports pesticide product and user compliance with provisions of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) through cooperative agreements667 with states and tribes.
The cooperative agreements: support state and tribal compliance and enforcement activities under
FIFRA; provide resources to rebuild programmatic capabilities between EPA and partner agencies;
provide vital training programs to EPA, state, territory, and tribal partners; and help address
environmental justice concerns in overburdened and vulnerable communities. Enforcement and
pesticides program cooperative agreement guidance is issued to focus regional, state, and tribal
efforts on the highest priorities. EPA's support to state and tribal pesticide programs668 emphasizes
reducing chemical risks by ensuring compliance with worker protection standards, pesticide
applicator certification and training requirements, pesticide use requirements designed to protect
water quality, pesticide product integrity, and border compliance.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Detect Violations and Promote
Compliance in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an additional $1.58 million to support EPA's state and tribal
partners through the Pesticides Enforcement Grants Program. In addition to maintaining a basic
level of pesticide program implementation, compliance assistance, and enforcement to ensure a
viable pesticide regulatory and enforcement program, there are four possible focus areas including:
1) prevent or reduce incidents resulting from fumigation exposures; 2) reduce spray drift incidents
by increasing awareness and adoption of spray drift reduction techniques and technologies; 3)
support tribal pesticide program capacity building and efficient use of state resources; and 4)
minimize pesticide risk while protecting human health from emerging public health issues. In FY
667 For additional information, please refer to: http://www2.epa.gov/compliance/federal-insecticide-fiingicide-and-rodenticide-
act- state-and-tribal-assistance-grant.
668 For additional information, please refer to: http://www2.epa.gov/pesticide-advisory-committees-and-Tegulatory-
partners/tribal- pesticide-programs.
765
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2023, EPA will prioritize and award state and tribal pesticides cooperative agreements for
implementing the compliance monitoring and enforcement provisions of FIFRA.
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):
• (+$1,580.0) This program change is an increase to help build environmental partnerships
with states and tribes that strengthen their ability to address environmental and public
health threats from pesticides. Specifically, this investment will rebuild programmatic
capabilities between EPA and partner agencies; provide vital laboratory capacity, training
programs to EPA, state, territory, and tribal partners; and help address environmental
justice concerns in overburdened, underserved, and vulnerable communities.
Statutory Authority:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) §23(a)(1); Consolidated
Appropriations Act, 2022, Pub. L. 117-103.
766
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Categorical Grant: Pesticides Program Implementation
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
SI2.N.S
si:.: o-i
S 14.02'
Total Budget Authority
$12,148
$12,294
$14,027
$1,733
Program Project Description:
The purpose of EPA's pesticide program implementation grants is to translate pesticide regulatory
decisions made at the national level into results at the local level. Under the pesticide statutes,
responsibility for ensuring proper pesticide use is in large part delegated to states, territories, and
tribes. Grant resources allow our co-regulators to be more effective regulatory partners, serving all
populations and enabling our partners to prioritize incorporating environmental justice into their
pesticide programs. In FY 2023, EPA will work with states, tribes and territories to incorporate
environmental justice (EJ) principles into their programs.
EPA's mission, as related to pesticides, is to protect human health and the environment from
pesticide risk and to realize the value of pesticide availability by considering the economic, social,
and environmental costs and benefits of pesticide use.669 The Agency provides grants to states,
tribes, and other partners, including universities, non-profit organizations, other federal agencies,
pesticide users, and environmental groups, to assist in strengthening and implementing EPA
pesticide programs. This grant program focuses on EJ issues such as: worker safety activities,
including protection of farmworkers670; outreach and education in tribal communities about
pesticide risks; pesticide safety education in vulnerable communities with limited English
language proficiency; and certification and training of pesticide applicators.671 The Program also
focuses on protecting endangered species,672 protecting water resources from pesticides, protecting
pollinators, and promoting environmental stewardship and Integrated Pest Management (IPM)-
related activities in community settings, such as preschools in vulnerable communities and tribal
schools, which are traditionally underserved and typically have EJ concerns.
EPA supports implementation of tribal pesticide programs through cooperative agreements that
help tribes protect human health by reducing pesticidal risks in tribal communities. Many tribal
communities are small and located in remote areas with few resources to address EJ issues. The
669 Federal Insecticide, Fungicide and Rodenticide Act, as amended. Section 3(a), Requirement of Registration (7 U.S.C. 136a).
Available online at: https://www.epa.gov/laws-regulations/summarv-federal-insecticide-fungicide-and-rodenticide-act.
670 A large portion of these stakeholders also may be members of communities with EJ concerns.
671 A large portion of these stakeholders also may be members of communities with EJ concerns.
672 The Endangered Species Act of 1973 sections 7(a) 1 and 7(a)2; Federal Agency Actions and Consultations, as amended (16
U.S.C. 1536(a)). Available at the U.S. Fish and Wildlife Service's Endangered Species Act of 1973 (ESA) internet site:
https://www.fws.gov/service/section-7-consultations.
767
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Program is implemented in a manner that recognizes that tribes have unique needs as an
underserved population, and that certain aspects of Native American lifestyles, such as subsistence
fishing or consumption of plants that were not grown as food and possibly exposed to pesticides,
may increase exposure to some chemicals or create unique chemical exposure scenarios.673 These
cooperative agreements with our co-regulators also can provide pesticide safety education to
migrant farmworkers and their families and communities.
To further these efforts, EPA funds a multi-year cooperative agreement with Colorado State
University called the Pesticide Regulatory Education Program (PREP), which provides targeted
training to states, tribes, and territories. This program is specifically requested by EPA's pesticide
co-regulators and governed by a PREP Steering Committee, which includes the Association of
American Pesticide Control Officials (AAPCO) Board of Directors and EPA. The PREP Steering
Committee will meet in October 2022 to identify ways to be more inclusive of vulnerable
communities and address more EJ issues.
The Agency also funds a multiyear grant in support of the State Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) Issues Research and Evaluation Group (SFIREG). The grant ensures
the close coordination of states and EPA on pesticide issues.
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 requests an increase of nearly $1.5 million to pesticide program implementation
grants. The additional resources will support state efforts on applicator certification and worker
safety activities, particularly in vulnerable and limited English language speaking communities,
and increase funding for territories and tribes. EPA will continue to implement the following
programs:
Agricultural Worker Protection Standard and Certification and Training Program
Through the Certification and Training Program and the Agricultural Worker Protection Standard,
EPA protects workers, pesticide applicators and handlers, employers, and the public from the
potential risks of pesticides at their work. This effort protects farmworkers, their families, and their
communities, all of which are often located in areas with many EJ concerns. EPA will continue to
provide assistance and grants to implement these programs, and to address their respective federal
regulatory changes. In FY 2020, states, territories, and tribes (certifying authorities) submitted
their revised certification plans to EPA for review to address the 2017 revisions to the Certification
of Pesticide Applicators rule. In FY 2020 through FY 2022, EPA reviewed the proposed changes
to the certification plans, working with these certifying authorities to refine and modify their
proposed plans as needed. In FY 2023, EPA will focus on finalizing the remainder of draft plans
and supporting the implementation of the approved plans. Certifying authorities will be
implementing approved plans according to the timelines outlined in the plans. Some certifying
673 For additional information, please visit: http://www.epa.gov/pesticide-advisorv-committees-and-regulatorv-partners/tribal-
pesticide-pro grams.
768
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authorities began regulatory and program changes in FY 2021 and FY 2022 to start implementing
their revised plans even before final approval. In FY 2023, to protect agricultural workers, states,
territories, and tribes will continue to train their program and inspection staff on the 2015 final
revisions to the Agricultural Worker Protection Standard, conduct outreach and compliance
assistance for communities with environmental justice concerns, and enforce the rule.674
Endangered Species Protection Program
The Endangered Species Protection Program protects federally threatened and endangered animals
and plants impacted by pesticide use.675 The Endangered Species Act (ESA) mandates that federal
actions will not jeopardize the continued existence of ESA-listed species or destroy or adversely
modify their designated critical habitat. EPA also will provide grants to states and tribes, as
described above, for projects supporting endangered species protection. Program implementation
includes outreach, communication, education related to pesticide use limitations, review and
distribution of endangered species protection bulletins, and evaluating potential risks to ESA-listed
species from pesticides and initiating ESA consultation with the National Marine Fisheries Service
(NMFS) and the U.S. Fish and Wildlife Service (USFWS) (aka "The Services") when appropriate.
In FY 2023, these activities will continue to support the Agency's mission to protect the
environment from pesticide risk and comply with the ESA for FIFRA actions.
Protection of Water Sources from Pesticide Exposure
Protecting the Nation's water sources from possible pesticide contamination is an important
component of EPA's environmental protection efforts. In FY 2023, EPA will continue to provide
funding, through cooperative agreements, to states, tribes, and other partners to investigate and
respond as needed to address pesticide contamination of water resources, particularly in vulnerable
communities with EJ concerns. Stakeholders and partners, including states and tribes, are expected
to evaluate local pesticide uses that could contaminate water resources and take steps to prevent
or reduce contamination where pesticide concentrations approach or exceed levels of concern. In
FY 2023, EPA will work with co-regulators to determine the best methods for identifying and
addressing possible pesticide contamination in vulnerable and underserved communities.
Integrated Pest Management (TPM)
EPA will continue to support risk reduction by promoting the use of safer alternatives to traditional
chemical pesticides, including through IPM techniques.676 EPA supports the development and
evaluation of new pest management technologies that contribute to reducing both human health
and environmental risks from pesticide use. For FY 2023, the Program's National Program
Guidance will continue to require all regions to implement at least one IPM project with an EJ
focus.677 In addition, the Program will be reviewing the FIFRA Cooperative Agreement Guidance
to identify program areas that can be expanded to include more EJ work. Examples of this include:
674 For additional information, please visit: https://www.epa.gov/pesticide-worker-safetv/how-epa-protects-workers-pesticide-risk.
675 For additional information, please visit: https://www.epa.gov/endangered-species/about-endangered-species-protection-
program.
676 For additional information, please visit: http://www.eTO.gov/pesp/.
677 Most regional programs are already implementing their own EJ efforts, which incorporate pesticide safety.
769
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pollinator habitat protection on tribal lands and overburdened and underserved communities, and
bed bug education in underserved populations and communities with EJ concerns.
The Pesticide Environmental Stewardship Program (PESP) is an EPA partnership program that
works with the Nation's pesticide-user community to promote IPM practices. PESP is guided by
the principle that partnership programs complement the standards and decisions established by
regulatory and registration actions. In FY 2023, resources will be focused on funding projects
across the country that promote IPM and reduce the impacts of pesticide use in agricultural
settings. Selected projects could address pesticide use in rural areas or on tribal lands, promoting
IPM practices that reduce risk and that benefit these and other overburdened and disadvantaged
communities.
Pollinator Health
EPA will continue to work with state and tribal agencies to develop and implement local plans to
help improve pollinator health. State pollinator protection plans in several states have been an
effective communication and collaboration mechanism between stakeholders at the local level that
can lead to reduced pesticide exposure and protection of honeybees, while maintaining the
flexibility needed by growers to use pesticides. EPA believes that these plans, developed through
a robust stakeholder engagement process at the local level, serve as good models for enhanced
local communication and can help accomplish the Agency's goal of mitigating exposure of bees
to acutely toxic pesticides. In FY 2023, EPA will continue to engage with the Tribal Pesticide
Program Council (TPPC) Pollinator Protection Workgroup to better understand specific pollinator
protection challenges for tribes, a traditionally underserved population with many EJ concerns.678
In addition, EPA regions will assist their states, tribes, and territories with their pollinator
protection plans and efforts 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):
• (+$1,487.0) This program change will support state efforts to focus on worker safety
activities, vulnerable and limited English language-speaking communities, and increasing
grant presence in territories and tribes.
• (+$246.0) This program change will support two additional tribal FIFRA cooperative
agreements and provide additional resources for states and territories to carry out pesticide
program implementation work to protect farmworkers.
678 Tribal concerns include, but are not limited to, potential impacts to pollinator habitat from climate change.
770
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Statutory Authority:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) § 23(a)(1); Federal Food, Drug and
Cosmetic Act (FFDCA); Food Quality Protection Act (FQPA) of 1996; Endangered Species Act
(ESA).
771
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Categorical Grant: Pollution Control (Sec. 106)
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
S 22-.--/1
S 230.000
S25I.53N
S2IJJS
Total Budget Authority
$227,741
$230,000
$251,538
$21,538
Program Project Description:
Section 106 of the Clean Water Act (CWA) authorizes EPA to provide federal assistance to states,
territories, the District of Columbia, tribes, and interstate agencies to establish and maintain
adequate programs for the prevention and control of surface and groundwater pollution from point
and nonpoint sources.679 Activities supported through these grants include: conducting ambient
water quality monitoring; assessing and listing impaired waters; and developing water quality
standards and Total Maximum Daily Loads (TMDLs), surveillance, and enforcement.
FY 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 Section 106 Program funds state, interstate and tribal water pollution control programs and is
a critical funding source to establish, expand, and implement water quality programs to protect
and restore water resources, including rivers, streams, lakes, wetlands, and groundwater. Over the
last 10 years, the Program has seen an increase in challenges faced by states and tribes such as
severe weather events, fires, and harmful algal blooms. In FY 2023, EPA requests an additional
$21.5 million in Section 106 investment funding to strengthen the base state, interstate, and Tribal
programs. This increase also will support state and tribal efforts to understand and mitigate climate
change and support equity and environmental justice. An increase in funding will result in restoring
lost capacity through hiring and training of water quality staff, expanding program activities such
as ambient water quality monitoring and assessment, water quality standards (WQS) and TMDL
implementation and permitting and enforcement, and protecting water resources. Within the core
Section 106 funds described above, Tribes will receive an additional $1,538 million to implement
the revised CWA Section 106 Tribal guidance to: develop and strengthen capacity, hire, and train
staff, expand water quality monitoring, strengthen water quality assessments and electronic
reporting, expand participation in the Assessment Total Maximum Daily Load Tracking and
Implementation System (ATTAINS) pilot, and expand CWA program authorities.
679 The District of Columbia is eligible for 106 funds. A tribe must be eligible under Section 518(e) in the CWA.
772
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Monitoring and Assessment
EPA is working with states and tribes to provide monitoring and assessment information to support
multiple CWA programs in a cost-efficient and effective manner. The intent is to have the
scientifically defensible monitoring data that are needed to address priority problems at state,
tribal, national, and local levels and to track water quality changes over time.
In FY 2023, EPA will continue working with states and tribes to support and enhance their water
quality monitoring programs. Monitoring Initiative funds for states and tribes will support their
participation in the National Aquatic Resource Surveys (NARS) and their enhancement of state
and tribal monitoring programs.680 The Monitoring Initiative will be funded at $18.5 million to
support participation in the NARS and for monitoring program priority enhancements. The NARS
program data is used to report on the condition of the Nation's waters.
Through the Monitoring and Assessment Partnership, EPA will continue working with states and
tribes to develop and apply innovative and efficient monitoring tools and techniques to optimize
availability of high-quality data to support priority CWA program needs. EPA also will continue
working with states to support their water quality assessment programs, including helping to assure
timely submission of state Integrated Reports and 303(d) lists. These lists help inform progress on
restoring water quality. In FY 2021, EPA supported states to reduce outstanding state 303(d) lists
from 54 to 22. The timeliness of EPA review also has improved. EPA reduced the backlog of EPA
action on state-submitted 303(d) lists from 12 at the start of FY 2018 to 1 in FY 2021. From FY
2017 to FY 2021, EPA has supported and acted on more than 140 lists of impaired waters
submitted by states under CWA Section 303(d). EPA will continue to work with states to support
electronic reporting, including annual reporting of water quality data through the Water Quality
Exchange and submission of Integrated Reports through the ATTAINS.
Reviewing and Updating Water Quality Standards
EPA will work with states and authorized tribes as they review and update their water quality
standards periodically as required by CWA and EPA regulations in 40 CFR Part 131. EPA will
work with tribes that want to establish water quality standards. For its part, EPA will review and
work to formally act upon all state and tribal submissions of new and revised water quality
standards in accordance with the Agency's statutory obligations and timeline. The Agency also
will continue to track progress by states and authorized tribes as they complete triennial reviews
of applicable standards on time as required by CWA.
Developing TMDLs
EPA will work with states, territories, and authorized tribes to develop and implement TMDLs for
CWA Section 303(d) listed impaired waterbodies as a tool for meeting water quality standards.
TMDLs focus on achieving clearly defined environmental standards and restoring waters by
identifying the sources of water pollution and using permit requirements, watershed plans, and
nonpoint source funds to address impaired waters. EPA will continue to work with states to
680 For more information, please see: https://www.epa.gov/water-pollution-control-section-106-grants/monitoring-initiative-
graiits-under-sectioii-106-cleaii.
773
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facilitate accurate, comprehensive, and geo-referenced water quality assessment decisions made
available to the public via ATTAINS. In addition, EPA will continue to track state progress in
completing TMDLs, alternative restoration approaches or projection plans with a goal of 100
percent of priority plans in place at state identified priority waters under the State-EPA 303(d)
Program Vision by 2022. EPA is in the process of working with states to develop a new universe
of priority TMDLs for FY 2023. As of January 2022, 75 percent of state priority waters were
addressed by a priority TMDL, other restoration plan, or protection approach. EPA also is working
to ensure timely action by the Agency on TMDLs submitted by states. Numerous recent and long-
standing efforts have helped to substantially reduce the backlog on TMDLs from more than 700
in FY 2018 to 4 as of January 2022. Between fiscal year 2017 and January 2022, EPA has
supported and approved more than 13,000 TMDLs.
Issuing Permits
The NPDES Program is managed by EPA and the states. On average, the Program issues over
11,000 permits a year to address discharges from among the approximately 15,000 wastewater
treatment facilities, more than 60 categories of industries, and almost 300,000 stormwater
facilities. The NPDES Program requires point source dischargers of pollutants to waters of the
United States to be permitted and pretreatment programs be put in place to control discharges from
industrial and other facilities to the Nation's wastewater treatment plants. EPA is working with the
states681 to identify opportunities to enhance the integrity and timely issuance of NPDES permits,
while fine-tune permitting implementation practices. EPA also provides training and technical
assistance to permit writers, promotes innovative green infrastructure, and suggests integrated
planning approaches to affordably address wet weather challenges. EPA updated the NPDES
permit application forms to clarify requirements and has provided training on the revised forms,
as well as checklists to increase rates of application completeness. After program improvements,
between March 2018 and September 2021, the backlog of EPA-issued new and existing NPDES
permits decreased from 106 to 22 and 547 to 284, respectively. EPA issues NPDES permits where
states are not authorized to manage the programs.
Conducting Compliance Monitoring and Enforcement
EPA will work with NPDES-authorized states to implement the 2014 CWA NPDES Compliance
Monitoring Strategy (CMS).682 The NPDES CMS establishes national standards for allocation of
inspection resources across all NPDES regulated entities to best protect water quality.
EPA works with states on advanced technologies, such as remote water monitoring sensors to
collect discharge data and identify problem areas more efficiently. The Smart Mobile Tools for
Field Inspectors software suite provides a digital platform to support inspectors and managers
through the entire inspection process - from scheduling an inspection to generating a draft
inspection report for management review. The Agency expects that these technologies will
improve the analytical capabilities of both EPA and the states and enhance the public's knowledge
about the quality of their environment.
681 Currently no tribes have authority to implement the NPDES program.
682 For more information, please see: https://www.epa.gov/compliance/clean-water-act-natioiial-pollutant-discharge-elimiiiation-
system-compliance-monitoring.
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Currently, EPA and states are implementing the NPDES Electronic Reporting Rule, NPDES
eRule, in a collaborative manner. States have the option to build their own electronic reporting
tools and data systems or they can elect to utilize EPA's tools and systems. EPA and states
implemented Phase 1 of the NPDES eRule in FY 2017 for the following two reports: 1) Discharge
Monitoring Reports and 2) Federal Biosolids Annual Report, where EPA is the regulatory
authority. Over 35,000 NPDES permittees in 24 states use EPA's electronic reporting tool,
NetDMR, to submit their Discharge Monitoring Reports. EPA and states started implementing
Phase 2 of the NPDES eRule in FY 2018 for general permit reports and all remaining program
reports. EPA will continue to work collaboratively with states in FY 2023 to ensure a smooth
transition to electronic reporting for the NPDES Program. Implementing the NPDES eRule will
help improve transparency and ensure permittees submit more accurate, timely, complete, and
consistent information.
Working with Tribal Water Pollution Control Programs
In FY 2023, EPA will work with tribal programs to implement the revised CWA Section 106
Tribal Guidance. Tribes will continue to implement and expand their water pollution control
programs by conducting activities that address water quality and pollution problems on tribal lands
pursuant to CWA Section 518(e).
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.
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
775
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,538.0) This program change is an increase in resources to support coordinated
community assistance work with states and tribes in support of the One Water/One
Community initiative.
• (+$20,000.0) This program change is an increase of resources to provide additional
resources to states, tribes, and interstate agencies to establish and maintain programs for
the prevention and control of surface and groundwater pollution from point and nonpoint
sources.
Statutory Authority:
CWA § 106.
776
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Categorical Grant: Pollution Prevention
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
S.\022
Si,
S 1,1-15
Total Budget Authority
$5,022
$4,630
$5,775
$1,145
Program Project Description:
The Pollution Prevention (P2) Categorical Grants Program provides financial support to states,
state entities {i.e., colleges and universities), and federally recognized tribes and inter-tribal
consortia in implementing the Pollution Prevention Act (PPA) of 1990. The Infrastructure
Investment and Jobs Act significantly increases funding for the program for fiscal years 2022-
2026.
The P2 Program is one of EPA's primary tools for advancing environmental stewardship and
sustainability by federal, state, and tribal governments, businesses, communities, and individuals.
The Program seeks to alleviate environmental problems by achieving significant reductions in the
generation of hazardous releases to air, water, and land; reductions in the use or inefficient use of
hazardous materials; and advancing EPA's chemical risk reduction and management goals. For
example, the P2 Program contributes to reductions in the generation of greenhouse gases,
reductions in the use of water, and the Agency's environmental justice (EJ) goals. As a result of
implementing these preventative approaches, the P2 Program helps businesses and others reduce
costs and access market opportunities in their work to support environmental stewardship and other
sustainability objectives.
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.
The Program's efforts advance the Agency's priorities to pursue sustainability, take action on
climate change, address EJ, make a visible difference in overburdened or underserved
communities, and ensure chemical safety.683 In FY 2023, the P2 Categorical Grants684 Program
will continue supporting states, state entities, and federally recognized tribes and inter-tribal
consortia to provide technical assistance to businesses, particularly small- and medium-sized firms,
683 For additional information about the EPA's P2 program, please visit: http://www.epa.gov/p2/Error! Main Document Only..
684 For additional information about the grants themselves, please visit: fattps://www. epa. go v/p2/grant-programs-pollution-
prevention. Categorical Grants fund core P2 technical assistance and are complementary to the P2 Source Reduction Assistance
Grants. In FY 2021 there are 42 active P2 Categorical Grants and 11 active P2 Source Reduction Assistance Grants, for a total of
53 grants.
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to help them identify, develop and implement cost-effective approaches for reducing or eliminating
pollution at the source. Because it is often cheaper to prevent pollution from being created at the
source rather than cleaning it up afterwards or to pay for control, treatment, and disposal of waste
products, these P2 approaches often result in significant long-term savings for businesses.
Documenting best practices and developing case studies and training materials will be
foundational assets for amplifying and replicating environmental stewardship, P2, and
sustainability successes resulting from the grant programs.
Through competitive grants to states and tribes, U.S. businesses can access a range of P2 enabling
tools, information, and support programs. EPA currently has 42 active two-year categorical grants
to states and tribes, all of which will continue through FY 2022. With the additional $1.052 million
requested in FY 2023 President's Budget, EPA will be able to increase the number of grants
awarded to states and tribes, as well as increase the award size for many of the grant recipients.
The result will be increased capacity to provide P2 technical assistance to businesses, particularly
in communities with EJ concerns, to help them develop and adopt source reduction practices in
their operations, including conformance with and access to EPA Recommended Standards and
Ecolabels and the EPA Safer Choice Standards. Between 2011 and 2019, EPA's P2 Program
issued 451 assistance grants for $48.8 million, which helped American businesses identify,
develop, and adopt approaches resulting in the following benefits: 706 million pounds of
hazardous materials reduced, 40.4 billion gallons of water saved, 16.9 million metric tons of
greenhouse gases reduced, and $1.9 billion dollars in savings for business.685
One approach EPA takes to pursue program efficiencies and economies of scale is to use sector
focused P2 National Emphasis Areas. For P2 grants awarded in FY 2022 and commenced in FY
2023, grant applicants will continue to be required to focus on one or more National Emphasis
Areas,686 which were selected based on an analysis of data to identify industry sectors that had
high environmental impact, high economic importance, high P2 opportunity, and which were of
local concern to potential grantees. This approach will be continued in the award of FY 2023 funds.
Performance Measure Targets:
Work under this program supports performance results in the Pollution Prevention Program under
the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$1,145.0) This program change increases support to EPA's state and tribal partners to
reduce toxic releases in overburdened and underserved communities and provide technical
assistance to businesses to increase access to safer chemical products meeting the EPA's
Safer Choice standard.
685 Calculated over a 4-year rolling period to account for the reoccurring benefits the P2 actions provide.
686 The P2 National Emphasis Areas include: automobile manufacturing and maintenance, aerospace manufacturing and
maintenance, chemical manufacturing and processing, metal manufacturing and fabrication, and/or food and beverage
manufacturing or processing.
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Statutory Authority:
Pollution Prevention Act of 1990; Toxic Substances Control Act.
779
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Categorical Grant: Public Water System Supervision (PWSS)
Program Area: Categorical 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
Si tile anil Tribal Assistance (iranls
SIIOJ-II
SI ] 2.0(H)
S I32.5f>f>
S 20.560
Total Budget Authority
$110,341
$112,000
$132,566
$20,566
Program Project Description:
The Public Water System Supervision (PWSS) Program provides grants to states and tribes with
primary enforcement authority (primacy) to implement and enforce the National Primary Drinking
Water Regulations (NPDWRs) under the Safe Drinking Water Act (SDWA). The NPDWRs set
forth health-based standards, monitoring, reporting, sanitary surveys, and enforcement elements
to ensure that the Nation's drinking water supplies do not pose health risks. Funds allocated to
states and tribes without primacy are used to support direct implementation activities by EPA.
PWSS Program grants support the safety of the Nation's drinking water resources and protect
public health and the environment. Rural, small, and disadvantaged communities significantly
benefit from support and technical assistance provided by primacy agencies through this vital
funding. These systems often struggle to hire and retain qualified operators. Qualified operators
are essential to ensure these systems can provide safe water for their customers. PWSS Program
grants support the training and certification operators need to continue to protect public health.
Primacy agencies use these grants to fund drinking water program personnel who:
• Provide training and technical assistance to owners and operators of public water systems;
• Conduct sanitary surveys (i.e., reviews to determine and support a utility's capacity to
deliver safe drinking water) and address significant deficiencies that may compromise the
quality of the finished water;
• Train and certify public water system operators;
• Manage public water system data, facilitate electronic reporting of compliance monitoring
data, and submit compliance data to the database of record, the Safe Drinking Water
Information System;
• Ensure that public water systems conduct the required public notifications to consumers;
and;
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• Respond to violations and issue enforcement actions.
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 l'Y 2022 - 2026 EPA Strategic Plan. The Program also will
support the Agency's Infrastructure Investment and Jobs Act implementation priorities.
In FY 2023, EPA will provide funds to support state efforts to assist the most vulnerable water
systems in:
• meeting drinking water regulations;
• developing the financial and managerial capacity needed to achieve and maintain long-term
sustainability and compliance with national safe drinking water regulations; and
• benefitting from federal investments that address aging or inadequate infrastructure (e.g., pipe
replacement to prevent failures in distribution systems, installation of treatment to remove
drinking water contaminants).
EPA's efforts under this program will help deliver clean drinking water, improve public health,
and support environmental justice for overburdened and underserved communities, including rural
and tribal communities.
In FY 2023, funding will help states and tribes with primary enforcement authority implement and
enforce NPDWRs under the SDWA. Funds allocated to states and tribes without primacy are used
to support direct implementation activities by EPA. These funds will assist all communities across
the country in the provision of safe drinking water.
EPA's PWSS Program is working with states to reduce the number of systems that have health-
based non-compliance events, with a goal of decreasing the number of community water systems
out of compliance with health-based standards. EPA has set a goal of reducing the number of
community water systems out of compliance with health-based standards to 2,700 from a 2017
baseline of 3,508. As of January 2022, 2,889 of the 3,508 systems with health-based violations on
September 30, 2017 have been returned to compliance. The PWSS Program helps to facilitate this
effort by supporting state drinking water programs and technical assistance providers in achieving
and maintaining compliance at drinking water systems, amplifying best practices, strengthening
state capacity, and certifying drinking water operators.
EPA also is strengthening its oversight of the state drinking water programs by improving the
scope and consistency of the annual PWSS Program review for each primacy agency that is
required by SDWA. Information from these reviews helps ensure that federal drinking water
regulations are implemented consistently across the country and reinforce Agency evidence-
building activities. The review includes an analysis of the completion of sanitary surveys by the
primacy agency, an evaluation of whether the primacy agency is implementing the state program
in accordance with SDWA, a review of state use of the funds and associated impacts, and
781
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alignment of program with national enforcement and compliance priorities. The annual program
review directly supports the work of the states and EPA to reduce community water systems out
of compliance with health-based standards. In addition, EPA conducts periodic file reviews of
state programs. These file reviews help EPA ensure states are accurately reporting compliance
information to the Agency so issues can be identified and addressed.
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
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$20,566.0) This program change is an increase of resources to help states and tribes with
primary enforcement authority to implement and enforce NPDWRs under the SDWA. In
addition, this increase supports states, territories, and tribes in complying with drinking
water regulations, conducting sanitary surveys of public water systems, and providing
technical assistance to managers and operators of public water systems.
Statutory Authority:
SDWA § 1443.
782
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Categorical Grant: Radon
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
.S.S'/i.S'i
S "95
SI 2.-IS'
S -I.0V2
Total Budget Authority
$8,685
$7,795
$12,487
$4,692
Program Project Description:
Title III of the Toxic Substances Control Act (TSCA) authorizes EPA to take a variety of actions
to address the public health risks posed by exposures to indoor radon. Under the statute, EPA
assists states and tribes through the State Indoor Radon Grants (SIRG) Program, which provides
categorical grants to develop, implement, and enhance programs that assess and mitigate radon
risk. EPA provides guidance to states and tribes to promote and spread effective strategies for
reducing indoor radon public health risks. EPA also works with states and tribes to support
targeting SIRG funding to reduce risks for low-income populations that lack resources to mitigate
radon risk on their own.
Radon is the second leading cause of lung cancer in the United States - and the leading cause of
lung cancer mortality among non-smokers - accounting for about 21,000 deaths per year.687 EPA's
non-regulatory Indoor Air - Radon Program, which includes the SIRG grants program, promotes
actions to reduce the public's health risk from indoor radon. EPA and the Surgeon General
recommend that people do a simple radon home test and, if levels above EPA's guidelines are
confirmed, reduce elevated levels by home mitigation using inexpensive and proven techniques.
EPA also recommends that new homes be built using radon-resistant features in areas where there
is elevated radon. Nationally, risks from radon have been reduced in many homes over the years,
but many are still in need of mitigation. This voluntary program promotes partnerships between
national organizations, the private sector, and more than 50 state, local, and tribal governmental
programs to reduce radon risk.
FY 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 administer the SIRG Program, in collaboration with state and tribal partners. Work in
this program directly supports the President's priority of advancing environmental justice. In
implementing the SIRG Program in FY 2023, EPA will work with states and tribes to build
capacity and address environmental justice concerns by assisting grant recipients to address radon
687 https://www.epa.gov/radoii.
783
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risk reduction in underserved, low-income communities, for example through building code
adoption. These interventions serve to institutionalize and embed risk reduction into standard
building practices and thus provide equity for underserved communities.
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):
• (+$4,692.0) This program change is an increase to support state and tribal partners through
the radon grants program.
Statutory Authority:
Title III of the Toxic Substances Control Act (TSCA).
784
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Categorical Grant: State and Local Air Quality Management
Program Area: Categorical Grants
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health 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
Si tile anil Tribal Assistance (iranls
s.V/./.sv,
SJ22.1 Vft
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Total Budget Authority
$241,186
$229,500
$322,198
$92,698
Program Project Description:
This program provides funding for state air programs, as implemented by state, multi-state, and
local air agencies. Section 103 of the Clean Air Act (CAA) provides EPA with the authority to
award grants to air pollution control agencies, other public or nonprofit private agencies,
institutions, and organizations, to conduct and promote certain types of research, investigations,
experiments, demonstrations, surveys, studies, and training related to air pollution. Section 105 of
the CAA provides EPA with the authority to award grants to state and local air pollution control
agencies to develop and implement continuing environmental and public health programs for the
prevention and control of air pollution, implementation of National Ambient Air Quality Standards
(NAAQS) and improving visibility in our national parks and wilderness areas (Class I areas). The
continuing activities funded under Section 105 include: analysis and planning for attainment and
maintenance of NAAQS; emission reduction measures; development and operation of air quality
monitoring networks, and other air program activities. Section 106 of the CAA provides EPA with
the authority to fund interstate air pollution transport commissions to develop or carry out plans
for designated air quality control regions.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan.
States are responsible for State Implementation Plans (SIPs), which provide a blueprint for the
programs and activities that states carry out to attain and maintain the NAAQS and comply with
visibility improvement obligations. In FY 2023, affected states will be developing or revising
attainment SIPs for areas reclassified to "Moderate" for the 2015 ozone NAAQS, for areas
reclassified to "Severe" for the 2008 ozone NAAQS, and for areas designated nonattainment
effective April 30, 2021, for the 2010 sulfur dioxide (SO2) NAAQS. States also have ongoing SIP
obligations associated with visibility improvement requirements, among other requirements
identified in the CAA. States also will continue implementing the 2008 and 2015 8-hour ozone
NAAQS, the 2008 lead NAAQS, the 2010 1-hour nitrogen dioxide (NO2) NAAQS, and the 2010
1-hour SO2 NAAQS.
785
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As applicable, states also will continue implementing the previous PM2.5 and ozone NAAQS,
including the 1997 annual and 24-hour PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, the 2012
annual PM2.5 NAAQS, the revoked 1997 8-hour ozone NAAQS and the revoked 1-hour ozone
NAAQS. In FY 2023, EPA will work with states to prioritize activities needed to meet obligations
for SIP development and in implementing their plans for attaining and maintaining the NAAQS
and achieving regional haze goals and identifying streamlining options. EPA will maximize use of
its web-based State Planning Electronic Collaboration System (SPeCS) to review draft SIPs from
state air agencies, and to track and process state submittals. States are encouraged to engage with
EPA early in their SIP development processes, so EPA has enough time to provide feedback on
SIPs prior to formal submission to EPA for review.
To the extent that any ongoing NAAQS reviews result in a change to the standards, air quality
designations related activities for the changed standard(s) would be required. The timing of such
activities would depend on when the final NAAQS is promulgated.
Air Monitoring Networks
The Nation's ambient air quality monitoring network, an essential element of the Agency's
environmental infrastructure, serves as the foundation for the air quality management and control
programs. States will continue to operate and maintain their ambient air monitoring networks with
technical assistance and program support from EPA. A significant and essential part of a state's
overall air program includes the collection, analysis, quality assurance, and submittal of ambient
air quality data.
In FY 2023, EPA will continue to lead a nationwide effort to ensure and enhance the resiliency,
capacity, and capability of air monitoring systems for NAAQS and local-scale monitoring
implemented by state, local, and tribal organizations through: 1) system modernization (e.g.,
infrastructure improvements and, enhanced network automation); 2) expanded functionality
(e.g., increased use of continuous monitoring equipment); and 3) local-scale monitoring to, for
example, characterize air toxics and better address air quality burdens in communities with
environmental justice concerns.
During FY 2023, EPA will work to complete grant distributions under the American Rescue Plan
targeting expanded functionality through direct awards to state, local, and tribal air agencies and
targeting local-scale community monitoring through a competitive grant competition. Key to the
success of these efforts will be close, meaningful collaboration with our state, local and tribal air
partners, as well as disadvantaged and overburdened communities. The COVID-19 pandemic
exposed the vulnerabilities of our aging monitoring infrastructure and the need for modernization
in the Nation's ambient air monitoring network, while the recommendations of a 2020 GAO report
identified the need for the Agency to develop an air quality monitoring modernization plan to
better meet the additional information needs of air quality managers, researchers, and the public.
Air Permitting Programs
In FY 2023, states with approved or delegated air permitting programs will implement these
programs. EPA will provide technical assistance, as needed.
786
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Emissions Inventories
The development of a complete quality assured emission inventory is an important step in an air
quality management process. These inventories are used to help determine significant sources of
air pollutants and establish emission trends over time, target regulatory actions, and estimate air
quality through dispersion and photochemical modeling. An emission inventory includes estimates
of the emissions from various pollution sources in a specific geographical area. In FY 2023, states
will continue to develop inventories and submit data to EPA for the next release of the National
Emissions Inventory (NEI). EPA plans to release the 2020 NEI in calendar year 2023.
Air Quality Forecasts
The Program supports state and local air agency capabilities to forecast air quality for ozone and
PM2.5 to provide the public with information they can use to make daily lifestyle decisions to
protect their health. This information allows people to take precautionary measures to avoid or
limit their exposure to unhealthy levels of air quality, including during extreme events like
wildfires. EPA will work with state, tribal, and local air quality agencies to continue improving
the fire and smoke map at www.airnow.gov that provides important air quality information during
wildfire season.
State and Local Air Toxics Efforts
The Program also supports state and local efforts to characterize air toxics problems and take
measures to reduce health risks from air toxics. This funding also supports characterization work
that includes collection and analysis of emissions data and monitoring of ambient air toxics. In FY
2023, funds will support the National Air Toxics Trends Stations (NATTS), consisting of 26 air
toxics monitoring sites, including the associated quality assurance, data analysis, and methods
support.
Visibility Improvement
In FY 2023, EPA will review regional haze SIPs for the second planning period to ensure that
states are making reasonable progress towards their visibility improvement goals, consistent with
statutory obligations. The first State plans for improving visibility in our national parks and
wilderness areas were due in December 2007. Under the Regional Haze Rule, states were required
to submit plans for the second planning period to demonstrate how they have and will continue to
make progress towards achieving their visibility improvement goals.
Air Quality Training
To fulfill statutory obligations under section 103 of the Clean Air Act in FY 2023, states and multi-
jurisdictional organizations will advance and maintain training priorities for air quality-related
subjects; develop new and update existing air quality-related training materials; and provide
classroom and other types of training for air quality professionals. In FY 2021, 56 virtual instructor
led trainings reached over 2,100 students.
787
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Funding for FY 2023 will expand these important programs and help accelerate immediate on-the-
ground efforts to reduce greenhouse gases, such as expanding deployment of renewable energy
sources and energy efficiency programs; ensuring safe and effective oil and gas well pollution
management and prevention; developing policies and programs to facilitate build-out of electric
vehicle (EV) charging station infrastructure; increasing air quality monitoring in communities with
environmental justice concerns; and supporting programs to improve transportation options and
reduce disproportionate exposure to traffic emissions in disadvantaged communities.
Performance Measure Targets:
Work under this program supports performance results in the Federal Support for Air Quality
Management under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$92,698.0) This program change is an increase that will help expand the efforts of air
pollution control agencies to implement their programs and accelerate immediate on-the-
ground efforts to reduce greenhouse gases. The increase also will support additional air
quality monitoring in environment justice areas and programs to improve transportation
options and reduce disproportionate exposure to traffic emissions in disadvantaged
communities.
Statutory Authority:
Clean Air Act §§ 103, 105, 106.
788
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Categorical Grant: Toxic Substances Compliance
Program Area: Categorical Grants
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(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
Si tile anil Tribal Assistance (iranls
N 0,150
S-l. -<>()
SO.S"
S 2.11'
Total Budget Authority
$6,150
$4,760
$6,877
$2,117
Program Project Description:
The Toxic Substances Control Act (TSCA) Compliance Monitoring Program builds environmental
partnerships688 with states, tribes, and territories to strengthen their ability to address
environmental and public health threats from toxic substances. This assistance is used to prevent
or eliminate unreasonable risks to human health or the environment and to ensure compliance with
toxic substance regulations. The grants support inspection programs associated with lead-based
paint (§402(a), §406(b), and the Renovation, Repair, and Painting Rule), the Asbestos Hazard
Emergency Response Act (AHERA), and Polychlorinated biphenyls (PCBs).
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 3/Objective 3.2, Detect Violations and Promote
Compliance in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2023, the Agency requests an additional $2.1 million to support EPA's state and tribal
partners through the TSCA Compliance Monitoring Program. EPA will continue to focus on
compliance monitoring programs to prevent or eliminate unreasonable risks to health or the
environment associated with chemical substances such as asbestos, lead-based paint, and
polychlorinated biphenyls (PCBs), and to encourage states to establish their own compliance and
enforcement programs for lead-based paint and asbestos. EPA may provide funding for
compliance monitoring grants to states and tribes under TSCA to conduct inspections to ensure
compliance with: the Asbestos-in-Schools requirements, the Model Accreditation Plan (MAP),
Asbestos Ban and Phase Out Rule, the TSCA Asbestos Worker Protection Rule, lead-based paint
regulations, and PCB regulations. For states with an asbestos waiver or lead-based paint programs,
these grants also fund enforcement activities. In FY 2023, EPA also will continue to award state
and tribal assistance grants to aid in the implementation of compliance and enforcement provisions
of TSCA. The weighted formula aligns the distribution of funding with the national program
priorities including reducing risks from: 1) lead poisoning or elevated blood-lead levels; 2)
exposure to asbestos; and 3) exposure to PCBs. The assistance grants will help rebuild
688 For additional information, please refer to: https://www.epa.gov/compliance/toxic-substances-compliance-monitoring-grant-
guidance-fiscal-year-2020.
789
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programmatic capabilities between EPA and partner agencies, and help address environmental
justice concerns in overburdened, underserved, and vulnerable communities.
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):
• (+$2,117.0) This program change will help EPA increase the number of newly authorized
state programs as well as ensure that already authorized states are able to continue their
work reducing risks from toxic substances.
Statutory Authority:
Toxic Substances Control Act.
790
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Categorical Grant: Tribal Air Quality Management
Program Area: Categorical Grants
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health 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
Si tile anil Tribal Assistance (iranls
S 12,'JO-/
SlJt.-IIS
S 23.120
VA "/ /
Total Budget Authority
$12,964
$13,415
$23,126
$9,711
Program Project Description:
American Indians and Alaskan Natives are disproportionately affected by air pollution and climate
change. They have a higher rate of asthma, diabetes, heart disease and chronic obstructive
pulmonary disease (COPD) than the general population. Wildfire season has consistently
intensified over the past few years due to climate change and extreme weather conditions which
has led to an increase in ambient and indoor air pollution and exacerbated the health of tribal
communities. Across the Nation, tribal air issues vary from permitting sources on-reservation, to
monitoring for criteria air pollutants, to participating in local, state, regional, and national air
quality work groups. In addition to performing emissions inventories and monitoring, other
program tasks include addressing indoor air quality issues, and reviewing and commenting on
permits issued by other agencies.
This program includes funding for tribes and tribal air pollution control agencies implementing
projects and programs to address air pollution issues in Indian Country. Using Section 105
authority of the Clean Air Act (CAA), tribal agencies may develop and implement programs for
the prevention and control of air pollution and implementation of primary and secondary National
Ambient Air Quality Standards (NAAQS). Using Section 103 authority of the CAA, tribal
agencies, colleges, universities, and multi-tribe jurisdictional air pollution control agencies may
conduct and promote research, investigations, experiments, demonstrations, surveys, studies, and
training related to ambient or indoor air pollution in Indian Country. EPA provides technical
assistance and resources to help tribes build their program capacity and ensure successful project
completion. Tribes use these resources to perform emissions inventories, monitor air quality and
implement regulatory, voluntary and education and outreach programs for their citizens, who are
among the most environmentally at-risk populations in the country. Currently, only 51 tribes have
Section 105 grants, and 66 tribes have Section 103 grants.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan.
791
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Tribes will assess environmental and public health conditions in Indian Country by developing
emission inventories and, where appropriate, siting and operating air quality monitors. Tribes will
continue to develop and implement air pollution control programs for Indian Country to prevent
and address air quality concerns, including combating the effects of climate change. EPA will
continue to fund organizations for the purpose of providing technical support, tools, and training
for tribes to build capacity to develop and implement programs.
Currently, there are 574 federally recognized tribes.689 Of those, 63 tribes have treatment similar
to that of a state or treatment as a state regarding implementing functions pertaining to the
management and protection of air resources within reservation boundaries or other areas under the
tribe's jurisdiction. In addition, EPA awards financial support under the CAA to help build tribal
knowledge and increase tribes' capacity to manage air quality issues and encourages tribes to
partner with EPA to carry out CAA protections within tribal lands and tribal communities,
including those that have environmental justice concerns.
In FY 2023, a key activity is to work to reduce the number of days in violation of the NAAQS.
This program supports the Agency's priority of building stronger partnerships with individual
tribes and with the National Tribal Air Association, whose priorities include tribes' participation
in the Agency's policy and rule development and the Tribal Air Monitoring Support (TAMS)
Center. The TAMS Center supports the tribes' ability to collect and provide monitoring data to
protect the health of their tribal members. EPA will focus on working with tribes to increase the
number of tribes with an up-to-date emissions inventory from the current level of 74. This will
increase tribes' knowledge on how to best protect their citizens. Tribes also will focus on
implementation of nonregulatory and voluntary programs, as well as education and outreach
programs. These will assist with pollution reduction while creating a more informed citizenry. In
FY 2023, EPA will work to enhance air monitoring equipment available for loan and support
through the TAMS center using funds received under the American Rescue Plan.
The Clean Air Status and Trends Network (CASTNET) has enhanced tribal monitoring capacity
by supporting seven sites on tribal lands and training site operators. In FY 2023, the Agency will
continue progress toward increasing monitoring capacity by working to identify new tribal partners
that would benefit from joining a national air monitoring program. CASTNET monitors provide
near real-time air quality data and the ability to assess ecological impacts from atmospheric
deposition of air pollutants.
The funding for FY 2023 will support these important programs and help accelerate immediate
on-the-ground efforts to reduce greenhouse gases, such as expanding deployment of renewable
energy sources and energy efficiency programs; capping of oil and gas wells to reduce volatile
organic compound (VOC) and methane emissions; developing policies and programs to facilitate
build-out of electric vehicle (EV) charging station infrastructure; increasing air quality monitoring
in areas with environmental justice concerns: and supporting programs to improve transportation
options and reduce disproportionate exposure to traffic emissions in disadvantaged communities.
689 Source: Department of Interior Bureau of Indian Affairs (www.bia.gov).
792
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Performance Measure Targets:
Work under this program supports performance results in the Federal Support for Air Quality
Management Program under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$9,711.0) This program change is an increase that will help expand the efforts of tribes
and tribal air quality control agencies to implement their programs and to accelerate
immediate on-the-ground efforts to reduce greenhouse gases. The increase also will
support additional air quality monitoring.
Statutory Authority:
Clean Air Act §§ 103, 105.
793
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Categorical Grant: Tribal General Assistance Program
Program Area: Categorical Grants
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
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
Stale and Tribal Assistance (irants
SfiVJOS
SM.25D
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Total Budget Authority
$69,308
$66,250
$85,009
$18,759
Program Project Description:
In 1992, Congress established the Indian Environmental General Assistance Program (GAP), a
program that provides grants and technical assistance to tribes to plan, develop, and establish tribal
environmental protection programs consistent with other applicable provisions of law
administered by EPA. The Agency works collaboratively with tribal partners on mutually
identified environmental and public health priorities to achieve these aims. Funding provided
under the GAP is for the administrative, technical, legal, enforcement, communication, and
outreach capacities tribes need to effectively administer environmental regulatory programs that
EPA may delegate to tribes. GAP funds also may be used to assist in capacity building so that
tribal governments may meaningfully participate in EPA programs, as well as the development
and implementation of tribal solid and hazardous waste programs, including solid waste service
delivery costs. Please see https://www.epa.gov/tribal/indian-environmental-general-assistance-
program-gap for more information.
Some uses of GAP funds include:
• assessing the status of a tribe's environmental conditions;
• developing appropriate environmental programs, codes, and ordinances;
• developing the capacity to administer environmental regulatory programs that EPA may
delegate to a tribe;
• conducting public education and outreach efforts to ensure that tribal communities
(including non-members residing in Indian country) are informed and prepared to
participate in environmental decision-making; and
• establishing tribal programs' capacity to meaningfully participate with federal, Tribal,
state, and local government officials on environmental and public health actions and issues.
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GAP supports tribal capacity development through financial assistance to approximately 525 tribal
governments and intertribal consortia. GAP has helped tribes receive 97 program delegations to
administer a variety of programs across relevant EPA statutes, including the Clean Water Act, Safe
Drinking Water Act, and the Clean Air Act. Tribes also have developed capacity to assist EPA in
implementing federal environmental programs in the absence of an EPA-approved tribal program
through Direct Implementation Tribal Cooperative Agreements (DITCAs). As of FY 2022, there
are 22 active DITCAs supporting EPA's direct implementation activities. Furthermore, GAP funds
have helped to train tribal government inspectors who are able to conduct compliance monitoring
activities under tribal laws and may have EPA federal inspector credentials. In addition, GAP also
supports tribes with the development of their waste management programs with 281 tribes having
Integrated Waste Management Plans and 9 tribes have developed codes and ordinances since FY
2018 with GAP-funded training.
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.
To support this work, EPA is requesting $18.8 million in additional resources to focus on
advancing environmental justice, building tribal climate adaptive capacity, including climate
resiliency in infrastructure decision-making, and addressing the clear need across the hundreds of
federally recognized tribes for environmental capacity building
GAP grants are fundamental to the development and growth of tribal environmental programs.
GAP promotes tribal self-governance in a number of ways, including supporting tribal
governments to assess local environmental conditions, develop long-range strategic plans to
address their environmental challenges, and establish environmental programs tailored to their
needs and aligned with their strategic planning goals. The overlap between tribal environmental
capacity building goals and EPA program priorities, including the mutual responsibilities to
achieve them, are captured in EPA / Tribal Environmental Plans, or ETEPs. The over 500 ETEPs
in place align with the FY 2022-2026 EPA Strategic Plan's Cross-Agency Strategy: Strengthen
Tribal, State and Local Partnerships and Enhance Engagement.
In FY 2023, the Agency will continue to implement GAP under a national framework set forth in
program guidance and maintain an emphasis on training (internal and external) to support
nationally consistent GAP guidance interpretation and implementation. In supporting a strong
GAP management framework (as referenced under the Tribal Capacity Program), EPA will
continue to establish and refine tools to track the progress tribes achieve toward developing and
implementing environmental protection programs in Indian country. A revised GAP national
framework as defined in new guidance is anticipated to be effective FY 2023.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
795
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$18,759.0) This increase provides support to federally recognized tribes and tribal
consortia for planning, developing, and establishing environmental protection programs,
and for developing and implementing solid and hazardous waste programs on tribal lands.
The program will focus on advancing environmental justice, building tribal climate
adaptive capacity, including climate resiliency in infrastructure decision-making, and
addressing the clear need across the hundreds of federally recognized tribes for
environmental capacity building.
Statutory Authority:
Indian Environmental General Assistance Program Act.
796
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Categorical Grant: Underground Injection Control (UIC)
Program Area: Categorical 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
Si tile anil Tribal Assistance (iranls
S 10.60-/
NII. If,-/
SIIJS-
.S 22.1
Total Budget Authority
$10,604
$11,164
$11,387
$223
Program Project Description:
EPA's Underground Injection Control (UIC) Grant Program was established by the Safe Drinking
Water Act (SDWA) to protect ground water that is a source of drinking water. The Program
supports federal, state, and tribal government agencies that oversee underground injection
activities to prevent contamination of underground sources of drinking water from fluid injection
practices.
The UIC Program protects underground sources of drinking water by ensuring proper permitting,
construction, operation, and closure of injection wells used to place fluids underground for storage,
disposal, enhanced recovery of oil and gas, and mineral recovery. The grants are made to states
and tribes that have primary enforcement authority (primacy) to implement and manage UIC
programs and ensure safe injection well operations that prevent contamination of underground
sources of drinking water. Eligible tribes that demonstrate an intent to achieve primacy also may
receive grants for the initial development of UIC programs and be designated for "treatment as a
state" if their programs are approved. Where a jurisdiction does not have primacy, EPA uses these
funds for direct implementation of federal UIC requirements.
FY 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. The program also will
support the Agency's Infrastructure Investment and Jobs Act implementation priorities.
The FY 2023 request will support implementation of the UIC Program, which manages
approximately 743,000 injection wells690 across six well types to protect groundwater resources.
There are currently 70 jurisdictions across the Nation (federal, state, tribal, and territorial) that
implement the UIC Program. EPA directly implements UIC programs in seven states and two
territories and shares responsibility in eight states and with two tribes. EPA also administers the
690As represented in FY 2019 annual inventory.
797
-------
UIC programs for all other tribes and for Class VI wells in all states but North Dakota and
Wyoming.691
The UIC Program is improving efficiency and reducing the UIC permit application processing
time and will continue implementing the recently developed UIC well permit review process. This
effort includes applying identified permit review and processing efficiencies to all well classes,
and modifying common definitions, as appropriate, to provide greater clarity for all well classes.
Performance Measure Targets:
Work under this program supports performance results in the Drinking Water Programs under the
EPM appropriation and mitigation of climate change to support safe drinking water for the Nation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$223.0) This program change is an increase of resources to support EPA's state and tribal
partners in their implementation of the UIC Program.
Statutory Authority:
Safe Drinking Water Act § 1443.
691 For more information, please visit: https://www.epa.gov/uic/priiirary-enforcement-authority-underground-iniection-control-
program.
798
-------
Categorical Grant: Underground Storage Tanks
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
SI.-IS
SI.505
s.w
Total Budget Authority
$1,475
$1,475
$1,505
$30
Program Project Description:
EPA's Underground Storage Tanks (UST) State and Tribal Assistance Grant (STAG) Program
provides funding for grants to states under the Solid Waste Disposal Act to improve and enhance
UST programs. STAG funds may be used for prevention activities that are not specifically spelled
out in the Energy Policy Act (EPAct) of 2005 and are used by states that do not have sufficient
state resources to fund these core programs.
STAG funds are used by states692 to fund such activities as: applying for state program approval
to operate the UST Program in lieu of the federal program, updating UST regulations, and
providing compliance assistance.
FY 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.
Due to the increased emphasis on inspections and release prevention requirements, EPA has
consistently met the yearly goal to minimize the number of confirmed releases. In FY 2021, there
were 4,991 reported releases reflecting a downward trend from 6,847 in FY 2014.
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. 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
692 States as referenced here also include the District of Columbia and five territories as described in the definition of a state in
the Solid Waste Disposal Act.
799
-------
move to TCR. In FY 2021, EPA reported an SOC rate of 68 percent, which mirrors the results
from FY 2019 and FY 2020.693
In FY 2023, EPA will continue to work with states to both update their state regulations as
appropriate and to reapply for state program approval (SPA). EPA anticipates that of the 40 states
with SPA, all of them will have program renewal by the end of FY 2022. In addition, EPA
anticipates several new states will apply and be approved for SPA for the first time by the end of
FY 2022.
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):
• (+$30.0) This program change increases support for EPA's state and tribal partners through
the UST STAG Program. This investment will assist EPA's partners to achieve progress
on the ground.
Statutory Authority:
Solid Waste Disposal Act § 2007(f); Consolidated Appropriations Act, 2022, Pub. L. 117-103.
693 For more information on performance measures, please refer to: https:/Avww.epa.gov/ust/ust-perfomiaiice-iiieasures.
800
-------
Categorical Grant: Wetlands Program Development
Program Area: Categorical Grants
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
Si tile anil Tribal Assistance (iranls
S 10.111
N 1-1,192
S l.\0'V
.SAW"
Total Budget Authority
$10,111
$14,192
$15,079
$887
Program Project Description:
The Wetlands Program Development Program assists states, tribes, and local governments with
building or enhancing their wetland protection and restoration programs. Wetlands play a critical
role absorbing and filtering pollutants from water. Accordingly, protecting and restoring the
Nation's wetlands are key to climate resiliency because wetlands reduce flood risk and help
manage runoff pollution. Program grants are used to develop new or refine existing state and tribal
wetland programs in one or more of the following areas: 1) monitoring and assessment; 2)
voluntary restoration and protection; 3) regulatory programs, including Clean Water Act (CWA)
Section 401 certification and Section 404 assumption;694 and 4) wetland water quality standards.
States and tribes develop wetland programs based on their goals and resources. The Program
provides grants to support the development of state and tribal wetland programs that further the
goals of CWA and improve water quality in watersheds throughout the country. The grants are
awarded on a competitive basis under the authority of Section 104(b)(3) of CWA. The grant
funding is split among EPA's ten regional offices according to the number of states and territories
per region. Each region is required, by regulation, to compete the award of these funds to states,
tribes, local governments, interstate agencies, and inter-tribal consortia.695 In addition, EPA sets
aside ten percent of the appropriation for a grant competition specifically for tribes and inter-tribal
consortia. Finally, EPA sets aside approximately five percent of the appropriation for a grant
competition specifically for nonprofits, interstate, and inter-tribal consortia. This grant competition
supports state and tribal wetland programs with projects that are nationwide in scope or affect two
or more EPA Regions and trains local communities on restoration practices.
694 State and tribal assumption of CWA Section 404 is an approach that can be useful in streamlining 404 permitting in coordination
with other environmental regulations. When states or tribes assume administration of the federal regulatory program, Section 404
permit applicants seek permits from the state or tribe rather than the federal government. States and tribes are in many cases located
closer to the proposed activities and are often more familiar with local resources, issues, and needs. Even when a state assumes
permitting under Section 404, the United States Army Corps of Engineers retains jurisdiction for a certain portion of waters under
the CWA as well as those waters subject to Section 10 of the River and Harbors Act for permits.
695 For more information, please see: http://water.epa.gov/grants funding/wetlands/estp.cfm.
801
-------
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 assist states and tribes in their efforts to protect and manage
wetlands through documenting stresses or improvements to wetland condition, developing tools
for wetland restoration and the use of natural infrastructure to mitigate flooding and storm surge
hazards, investigating opportunities to factor in climate change and environmental justice in
decision-making, and implementing regulatory controls to avoid, minimize, and compensate for
wetland impacts. These activities also will help achieve the goals of the Administration's Justice40
initiative.
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):
• (+$887.0) This program change is an increase in resources to increase the core capacity of
state, local, and tribal implementing partners to build or enhance wetland protection and
restoration programs.
Statutory Authority:
Clean Water Act § 104(b)(3).
802
-------
State and Tribal Assistance Grants (STAG)
803
-------
Diesel Emissions Reduction Grant Program
Program Area: State and Tribal Assistance Grants (STAG)
Goal: Tackle the Climate Crisis
Objective(s): Reduce Emissions that Cause Climate Change
(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
Si tile anil Tribal Assistance (iranls
s ft ~J Oil
N VII.000
S/ 50.000
Sf>0.000
Total Budget Authority
$87,360
$90,000
$150,000
$60,000
Program Project Description:
The Diesel Emissions Reduction Act (DERA) Grant Program provides support for emission
reductions from existing diesel engines through engine replacements, including zero emission
replacements, retrofits, and rebuilds; switching to cleaner fuels; idling reduction; and other
emission reduction strategies. The DERA Program was initially authorized in Sections 791-797 of
the Energy Policy Act of 2005 and reauthorized by the Diesel Emission Reduction Act of 2010
and in the Consolidated Appropriations Act of 2022.
Diesel engines are the modern-day workhorse of the American economy (e.g., goods movement,
construction, public transportation). Diesel engines are extremely efficient and power nearly every
major piece of equipment on farms, construction sites, in ports, and on highways. As the Agency's
heavy-duty highway and nonroad diesel engines emissions standards came into effect, new cleaner
diesel engines started to enter the Nation's fleet. However, there are millions of older engines in
use that will continue to emit large amounts of nitrogen oxides and particulate matter, including
black carbon.696 DERA funding accelerates the pace at which dirty engines are retired or
retrofitted. EPA's DERA Program promotes strategies to reduce these emissions and protect public
health by working with air quality professionals, environmental and community organizations,
manufacturers, fleet operators, tribes, and state and local officials. DERA funding provides both a
public health and climate benefit and can be directed to areas with the greatest need. DERA
funding is targeted to areas with air quality challenges697 and grants funding is prioritized for
projects that benefit communities with environmental justice concerns.
Ports are places where large concentrations of diesel equipment often converge - including ships,
trucks, rail, and nonroad machinery. The near-port communities that bear the brunt of air pollution
from these diesel engines are often comprised of low-income populations and people of color.
These residents can be exposed to air pollution associated with emissions from diesel engines at
ports including particulate matter, nitrogen oxides, ozone, and air toxics. These pollutants can
contribute to significant health problems, including premature mortality, increased hospital
admissions for heart and lung disease, increased cancer risk, and increased respiratory symptoms,
696 DERA Fourth Report to Congress, https://www.epa.gov/sites/production/files/2019-07/documents/420rl9005.pdf
697 DERA Fourth Report to Congress. https://www.epa.gov/sites/production/files/2019-07/documents/420rl90Q5.pdf
804
-------
especially for children, the elderly, outdoor workers, and other sensitive populations. DERA
prioritizes grant funding to ports and goods movement projects to benefit nearby communities.
FY 2023 Activities and Performance Plan:
Work in this Program directly supports Goal 1/Objective 1.1, Reduce Emissions that Cause
Climate Change in the FY 2022 - 2026 EPA Strategic Plan.
Since its inception, the DERA Program has provided funding support for cutting-edge clean
technologies that reduce emissions from diesel-powered mobile sources. The continuing
innovation shown in this sector is now creating new opportunities to look to more zero emission
options in source categories ranging from highway trucks to port cargo handling equipment. EPA
is committed to look for ways to help expedite this transition as part of its DERA implementation
effort. Taking into account the DERA Program's continuing role in advancing environmental
justice and tackling the climate crisis, EPA will evaluate the DERA Program to identify the
appropriate actions the Agency can take to support this policy objective in FY 2023, as outlined in
Executive Order 14008: Tackling the Climate Crisis at Home and Abroad.
Work in this Program directly supports EO 14008 and its Justice40 Initiative to target 40 percent
of the benefits of climate investments to disadvantaged communities. The DERA Program is part
of the Justice40 pilot.
The DERA Grant Program will prioritize projects that provide a health benefit to residents of
communities near centers of goods movement and projects that benefit areas with environmental
justice concerns. Priority is given to projects that will benefit communities near goods movement
facilities like ports that receive a disproportionate quantity of air pollution from diesel fleets.
Further priority is given to projects whose leaders engage and partner with affected communities
with environmental justice concerns to directly address those needs and concerns and where the
applicant or their partner(s) have or commit to creating a policy or process to engage communities
on operations and projects that impact air quality beyond the specific DERA project. EPA
encourages prospective DERA grant applicants to take advantage of a series of community-port
collaboration materials,698 published by EPA's Ports Initiative, including case studies on four
community-port collaboration pilot projects that took place in Seattle, New Orleans, Savannah,
and Providence.699
Using the formula outlined in the Energy Policy Act of 2005, eligible states and territories are
offered 30 percent of the annual DERA appropriation to implement projects under the DERA State
Grants Program. The remaining DERA funding is awarded as rebates and competitive grants.
Through the DERA National Grants and the DERA Tribal and Insular Area Grants, the Agency
will competitively award grants focusing on areas with poor air quality, especially those impacted
most severely by emissions from ports and goods movement. Priority for funding also is given to
projects benefitting communities with environmental justice concerns and projects which engage
communities in the design and performance of the project. EPA will continue to track, assess, and
698 For more information, please visit: https://www.epa.gov/communitv-port-collaboration/community-port-collaboration-toolkit.
699 For more information, please visit: https://www.epa.gov/ports-initiative/case-studies-improving-environmental-performance-
and-economic-prosperity-ports-and.
805
-------
report the results of DERA grants, such as numbers of engines, emissions benefits, and cost-
benefit information.700 Further, EPA will continue to provide diesel emission reduction
technology verification and evaluation and provide that information to the public.701
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):
• (+$60,000.0) This program change is an increase in the overall amount of DERA grant
funding available for grants and rebates to reduce harmful diesel emissions and tackle the
climate change crisis, with a focus on priority areas including school buses, ports, and
communities with environmental justice concerns.
Statutory Authority:
The Diesel Emissions Reduction Program is authorized by Title VII, Subtitle G of the Energy
Policy Act of 2005, 42 USC 16131, et seq., as amended.
700 List of all grant awards under DERA can be found at https://www.epa.gov/cleandiesel/clean-diesel-national-grants.
701 For more information, please visit: https://www.epa.gov/cleandiesel.
806
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Brownfields Projects
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 101.2 V/,
SVH.VN2
SIMW2
S -10.000
Total Budget Authority
$101,296
$90,982
$130,982
$40,000
Program Project Description:
The Brownfields Program awards grants and provides technical assistance to help states, tribes,
local communities, and other stakeholders involved in environmental revitalization and economic
redevelopment to work together to plan, inventory, assess, safely cleanup, and reuse brownfields,
particularly in disadvantaged communities. Approximately 143 million people (roughly 44 percent
of the U.S. population) live within three miles of a brownfields site that received EPA funding.7"2
Similarly, within a half mile of a brownfields site receiving EPA funding, 21 percent of people
live below the national poverty level, 17 percent have less than a high school education, 56 percent
are people of color, and seven percent are linguistically isolated. This idle land drags down
property values and can slow a local economy.
Brownfields redevelopment is a key to revitalizing main streets, neighborhoods, and rural
communities; increasing property values and creating jobs, especially for those environmental
justice (EJ) and persistent poverty communities that are often left out of economic and
environmental revitalization. Important environmental impacts of brownfields cleanup and
redevelopment include improved water quality associated with reduced runoff from storm water
and nonpoint pollutant sources, and improved air quality associated with reduced greenhouse gas
emissions from vehicles travel.703 The Brownfields Program leverages federal, state, and local
resources to strengthen partnerships across all levels of government and with the private sector,
allowing these partners to build on each other's successes.
Since its inception, the Brownfields Program has fostered a community-driven approach to the
reuse of contaminated sites. As of March 2022, grants awarded by the Program have led to over
146,000 acres of idle land made ready for productive use and over 183,000 jobs and over $35.0
billion leveraged.7"4 By awarding brownfields grants, EPA makes investments in communities so
58 U.S. EPA, Office of Land and Emergency Management 2020. Data collected includes: (1) Superfund, Brownfield, and RCRA
Corrective Action site information as of the end of FY 2019; (2) UST/LUST information as of late-2018 to mid-2019 depending
on the state; and (3) 2015-2018 American Community Survey (ACS) Census data.
703 For more information on Brownfields Program Environmental & Economic Benefits please refer to:
https://www.epa.gov/brownfieldsforowiifields-program-enviromiiental-aiid-ecoiiomic-benefits.
704 From EPA website: https://www.epa.gov/brownfields/brownfields-program-accomplishments-and-
benefits#:~:text=Enrolled%20over%2034%2C191%20properties%20annuallv.3%2C478%2C000%20acres%20readv%20for%20
reuse.
807
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that they can realize their own visions for land reuse, infrastructure development, economic
growth, and job creation.
Under this program, EPA will focus on core activities, providing funding for: 1) assessment
cooperative agreements and Targeted Brownfields Assessments (TBAs); 2) cleanup and
multipurpose cooperative agreements; and 3) research, training, and technical assistance to
communities for brownfields-related activities, including land revitalization assistance,
environmental workforce development, and job training cooperative agreements.
A 2017 study found that housing property values increased five to 15.2 percent near brownfield
sites when cleanup was completed.705 Analysis of the data near 48 brownfields sites shows that an
estimated $29 to $97 million in additional tax revenue was generated for local governments in a
single year after cleanup. This is two to seven times more than the $12.4 million EPA contributed
to the cleanup of those brownfields.706 In addition, based on historical data provided by the
Assessment Cleanup and Redevelopment Exchange System (ACRES) database, $1 of EPA's
Brownfields funding leverages $20.43 in other public and private funding.707
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 requests an investment of $40 million to advance EJ in tandem with climate
work. This investment will align with the Administration's Justice40 initiative by stimulating
economic opportunity and environmental revitalization in more than 400 historically overburdened
communities. These resources will build on current work to revitalize communities across the
country by providing financial and technical assistance to assess, cleanup, and plan reuse at
brownfields sites. The Brownfields Program will continue to foster federal, state, tribal, local, and
public-private partnerships to return properties to productive economic use, including in
historically disadvantaged and communities with EJ concerns. The activities described below will
leverage approximately 13,400 jobs and $2.6 billion in other funding sources.708
• Funding will support at least 120 assessment cooperative agreements that recipients may
use to inventory, assess, and conduct cleanup and reuse planning at brownfields sites.
Approximately 1,080 site assessments will be completed under these agreements, including
in communities affected by the retirement of coal-fired power plants.
• EPA will provide funding for TBAs in up to 200 communities without access to other
assessment resources or those that lack the capacity to manage a brownfields assessment
grant. There is special emphasis for small, rural, and disadvantaged communities to submit
61 Haninger, K., L. Ma, and C. Timmins. 2017. The Value of Brownfield Remediation. Journal of the Association of Environmental
and Resource Economists, 4(1): 197-241, https://www.jomTials.uchicago.edu/doi/pdlplus/10.1086/689743.
62p://dx.doi. org/10.11.42/S 1.46433321.7S00132."
63 For more information, please visit www, epa. gov/browafields.
708 U.S. EPA, Office of Land and Emergency Management Estimate. All estimates of outputs and outcomes are supported by the
data that is entered by cooperative agreement recipients via EPA's ACRES database.
808
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requests for this funding to ensure equal access to brownfields assessment resources. These
assessments will be performed through contracts and interagency agreements.
• Funding will support 42 direct cleanup cooperative agreements to enable eligible entities
to clean up recipient owned properties.
• The Agency will provide funding for approximately 16 new Revolving Loan Fund (RLF)
cooperative agreements. This funding enables recipients to make loans and subgrants for
the cleanup of brownfield sites and establishes a sustainable RLF Program. In addition, the
Agency will provide supplemental funding to approximately 18 existing high performing
Revolving Loan Fund (RLF) cooperative agreement recipients. These awards will lead to
approximately 36 additional sites cleaned up, with a particular focus on cleanups in
disadvantaged communities.
• Funding will support 20 Environmental Workforce Development & Job Training (EWDJT)
cooperative agreements. This funding will provide environmental job training for citizens
to take advantage of new jobs created as a result of brownfield assessment, cleanup, and
revitalization in their communities. These awards will lead to approximately 980 people
trained and 680 placed in jobs.
• Funding also will support training, research, technical assistance cooperative agreements,
interagency agreements, and contracts to support states, tribes, and communities for both
the Brownfields and Land Revitalization programs and other assistance mechanisms, as
authorized under Comprehensive Environmental Response, Compensation, and Liability
Act 104(k)(7).
• Funding will be provided for technical assistance to an estimated 150 small and
disadvantaged communities.
All estimates of outputs and outcomes are supported by the data that is entered by cooperative
agreement recipients via the ACRES database and analyzed by EPA. Maintenance of ACRES
focuses on the input of high-quality data, and robust analysis regarding program outcomes and
performance will continue to be priorities during FY 2023.
Performance Measure Targets:
(PM B29) Number of brownfields properties assessed.
FY 2022
Target
FY 2023
Target
1,400
1,400
(PM B30) Number of brownfields sites made ready for anticipated use.
FY 2022
Target
FY 2023
Target
600
600
(PM B32) Number of brownfields properties cleaned up.
FY 2022
Target
FY 2023
Target
130
130
809
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$40,000.0) This program change is an increase to support the cleanup of sites, with a
particular focus on those in disadvantaged communities. The investment will stimulate
economic development and promote environmental revitalization. $15 million is
designated for quality cooperative agreements targeted at communities affected by the
retirement of coal-fired power plants.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §§
101(39) and 104(k).
810
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Infrastructure Assistance: Alaska Native Villages
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
s
SJf>. 1M
S-t 0,000
S3.SN
Total Budget Authority
$36,607
$36,186
$40,000
$3,814
Program Project Description:
The Alaska Rural and Native Village (ANV) Program provides critical basic drinking water and
sanitation infrastructure (e.g., flushing toilets and running water) in vulnerable rural and Native
Alaskan communities that lack such services. Alaskan rural and native water and sewer systems
face not only the typical challenges associated with small system size, but also challenging climate
and geographic conditions, such as permafrost, shortened construction seasons, and extremely
remote locations.
ANV communities look to EPA as a critical funding source of when they or the State of Alaska
are not able to fully finance the needed water infrastructure improvements. The Program serves
communities that often lack the debt capacity to apply for other funding sources, including EPA
State Revolving Loan Funds. The Indian Health Service's (IHS) November 2021 analysis
illustrates the need to assist these communities - the IHS identified $285 million of need for water
and wastewater infrastructure in Alaska in FY 2021. Many communities on the prioritized list have
not been able to advance their projects due to lack of funding.
Investments in wastewater and drinking water infrastructure in rural Alaskan communities
contributed to an increase of access to water and sewer service from 69 percent in the late 1990s
to 97 percent in 2021.709 While the gains in the Program have been significant, ANV communities
continue to trail behind the non-tribal/non-native population in the United States in access to water
and sanitation. In Alaska, a significantly higher percentage of native and rural serviceable
households live without complete indoor plumbing.
The ANV Program also supports training, technical assistance, and educational programs to
improve the financial management, operation, and maintenance of sanitation systems. The training
also results in a trained workforce with transferable job skills. This is done through leveraging
prioritization and implementation expertise from the State of Alaska710 with ANV program funds.
709 For more information please see: State of Alaska OMB Key Performance Indicators Department of Environmental
Conservation https://www.omb.alaska.gov//htm1/peiformance/program-iiidicators.html?p=37&r=l.
710 The State of Alaska uses a risk-based prioritization process to fund projects that will have the greatest public health and
environmental benefit. Further, the State delivers these services to ANV communities by coordinating across federal agencies and
Programs.
811
-------
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.
The FY 2023 request of $40.0 million, which is $3.8 million above FY 2022 levels, will fund water
infrastructure in rural Alaskan homes and maintain the existing level of wastewater and drinking
water infrastructure that meets public health standards, given increased regulatory requirements
on drinking water systems and the rate of construction of new homes in rural Alaska. The funding
will be used to leverage funds provided to the IHS by Congress and particularly by the IIJA for
the portion of the projects that are deemed ineligible by IHS for IHS IIJA funding. Across all
funding sources, the goal is to provide service to most of the remaining unserved homes over the
course of the five years of the IIJA. Additionally, the request will continue to support training,
technical assistance, and educational programs that protect existing federal investments in
infrastructure by improving operation and maintenance of the systems. Improved operation and
maintenance will improve system performance and extend the life of the asset.
In FY 2023, the Agency will continue to work with the State of Alaska to address sanitation
conditions and maximize the value of the federal investment in rural Alaska. EPA will continue to
implement the Alaska Rural and Native Village "Management Controls Policy," adopted in June
2007, to ensure efficient use of funds by allocating them to projects that are ready to proceed or
progressing satisfactorily. The Agency has made great strides in implementing more focused and
intensive oversight of the ANV grant program through cost analyses, post-award monitoring, and
timely closeout of projects. These activities will help meet targets as part of the Justice40 pilot
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):
• (+$3,814.0) This increase of resources will improve sanitation in rural and native Alaska
villages and fully funds the authorized level for the program in the Drinking Water and
Wastewater Infrastructure Act (DWWIA).
Statutory Authority:
Safe Drinking Water Act Amendments of 1996 § 303; Clean Water Act § 1263a.
812
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Infrastructure Assistance: Clean Water SRF
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S/. "S.V, "'AS'
SI.fiJS.S2f>
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N 21
Total Budget Authority
$1,788,798
$1,638,826
$1,638,847
$21
Total Workyears
4.0
3.6
3.6
0.0
Program Project Description:
The Clean Water State Revolving Fund (CWSRF) Program capitalizes state revolving loan funds
in all 50 states and Puerto Rico to finance infrastructure improvements for public wastewater
systems and projects to improve water quality. In addition to capitalizing state revolving loan
funds, the CWSRF appropriation includes a provision for set-aside funding for tribes to address
serious wastewater infrastructure needs and associated health impacts. A portion of the CWSRF
appropriation also provides direct grant funding for the District of Columbia and United States
territories. These funds directly support the Agency's goal to ensure waters are clean through
improved water infrastructure and sustainable management. The CWSRF Program also
implements American Iron and Steel711 (AIS) requirements, as required by law.
The CWSRF Program is the largest source of federal funds for states to provide low-interest loans
and other forms of assistance for water quality projects including construction of wastewater
treatment facilities, water and energy efficiency projects, green infrastructure projects, and
agricultural Best Management Practices (BMPs). This federal investment is designed to be used
in concert with other sources of funds to address water quality needs.712 Other tools, such as
additional subsidization, are available as part of the CWSRF Program to assist small, rural, and
overburdened and underserved communities. The CWSRF Program is a key component of EPA's
efforts to achieve innovative solutions to wastewater infrastructure needs and realize economic
and environmental benefits that will continue to accrue in the future.
The revolving nature of the funds and substantial state match contributions have greatly multiplied
the federal investment. EPA estimates that for every federal dollar contributed thus far, the Nation
has received more than three dollars of investment in water infrastructure. As of June 2021, the
CWSRF Programs has provided a total of over $153 billion from all funding sources in affordable
financing for a wide variety of wastewater infrastructure and other water quality projects.713 In
2021, over 1,700 assistance agreements were made with communities of all sizes, funding $8.2
711 For additional information, please see: https://www.epa.gov/cwsrf/state-revolviiig-fund-american-iron-and-steel-ais-
requirement.
712 For additional information, please see: littp://www.epa.gov/cwsrf.
713 Clean Water State Revolving Fund National Information Management System. U.S. EPA, Office of Water, National Information
Management System Reports: Clean Water State Revolving Fund (CWSRF). Washington, DC (As of June 30, 2021).
813
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billion in projects aimed at treating wastewater, addressing stormwater runoff, tackling non-point
source pollution, and addressing a myriad of other environmental issues.714
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. Work under this program
also directly supports progress toward the FY 2022-2023 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.715 Current work is focused on developing a map-based
screening tool to assist regions in identifying these communities.
The federal investment in the CWSRF in FY 2023 will continue to support progress toward
meeting the Nation's clean water needs and infrastructure priorities while creating good paying
jobs. The infrastructure and other water management projects receiving low interest loans and
additional subsidization from the CWSRF protect public health, strengthen the economy and local
neighborhoods, and contribute to healthy ecosystems. Underserved communities can benefit from
the program because its low-cost financing and additional subsidization make these needed
investments more affordable.
EPA continues to work with states to meet several key objectives, such as:
• Linking projects to environmental results;
• Targeting funding and technical assistance to rural, small, and disadvantaged communities
with limited ability to repay loans; and
• Ensuring the CWSRFs remain reliable sources of affordable funding.
In FY 2023, EPA is requesting over $1.6 billion to provide funding for critical wastewater
infrastructure through the CWSRF Program and nearly $2.8 billion for the Clean Water and
Drinking Water State Revolving Funds (SRFs) combined. Funding requested in FY 2023 would
complement the robust investments provided for the SRFs in the Infrastructure Investment and
Jobs Act. The requested level supports several priority areas including improving resilience to
natural hazards such as climate change; addressing environmental justice concerns by providing
resources to remedy disproportionate levels of pollution in vulnerable communities; and creating
good paying jobs. The Program will encourage states to prioritize funding for projects focused on
climate change resiliency. These funding levels advance infrastructure repair and replacement and
would allow states, municipalities, and other eligible borrowers to continue to finance high-priority
investments that improve water quality and protect human health.
Elsewhere, EPA requests $80 million for the Water Infrastructure Finance and Innovation Act
(WIFIA) Program. Through the WIFIA Program, EPA will make direct loans to regionally or
nationally significant water infrastructure projects. The combined investments of the SRFs and
714 Clean Water State Revolving Fund National Information Management System. U.S. EPA, Office of Water, National Information
Management System Reports: Clean Water State Revolving Fund (CWSRF). Washington, DC (As of June 30,2021).
715 This Agency Priority Goal is implemented jointly with Goal 6.
814
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WIFIA Program advance the Agency's ongoing commitment to infrastructure repair and
replacement. These funds represent a major investment in water infrastructure and will create
thousands of good paying jobs across the country.
To help drive progress, EPA has established a target to increase the cumulative amount of non-
federal dollars leveraged by water infrastructure programs (CWSRF, DWSRF, and WIFIA), with
a goal of $9 billion in FY 2023. Over $22.3 billion in non-Federal dollars was leveraged by these
programs in FY 2020 and FY 2021, increasing the funds available to improve, repair, and
modernize the Nation's water infrastructure.
The FY 2023 capitalization of the CWSRF would supplement the more than $153 billion in total
assistance provided over the life of the program. The assistance provided in 2021 from federal
capitalization, state contributions, and repayments was $8.2 billion.
EPA requests that 10-20 percent of the total CWSRF capitalization grant funds made available to
each state be used to provide additional subsidization to eligible recipients in the form of principal
forgiveness, negative interest loans, or grants (or any combination of these). These funds may be
used to address infrastructure needs in disadvantaged communities, in addition to those facing
environmental justice issues.
In addition to capitalizing the CWSRF Program, a portion of the appropriation also will provide
direct grants to tribes and communities in territories. These communities are in great need of
assistance because they have lacked the resources to upgrade wastewater infrastructure, causing
significant public health and environmental concerns. To ensure sufficient resources are directed
toward these communities, EPA continues to request a tribal set-aside of 2 percent, or $30 million,
whichever is greater, of the funds appropriated in FY 2023. EPA also continues to request a set-
aside of 1.5 percent of the funds appropriated for the territories of American Samoa, Guam, the
Commonwealth of Northern Marianas, and the United States Virgin Islands. These activities will
help work toward meeting targets as part of the Justice40 pilot program.
EPA requests that up to $2 million of the tribal set-aside be used for training and technical
assistance related to the operation and management of tribal wastewater treatment works. EPA
also requests the ability to use the tribal and territorial set-asides to support:
• planning and design of treatment works; and
• the construction, repair, or replacement of privately-owned decentralized wastewater
treatment systems serving one or more principal residences or small commercial
establishments (e.g., septic systems).
This authority is similar to those already available to states. Giving EPA the authority to provide
expanded support for planning and design will protect the federal investment in wastewater
infrastructure and ensure access to safe wastewater treatment for tribes and territories that face
significant challenges with sanitation infrastructure. The ability for both the tribes and territories
to construct, repair, or replace decentralized wastewater treatment systems will allow the flexibility
815
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that these communities require to provide wastewater infrastructure that is appropriate for the
unique circumstances of each community.
In conjunction with this request, the FY 2023 President's Budget is submitting a proposal to
expand the authority of the existing small set-aside for the American Iron and Steel (AIS)
requirement from the CWSRF in order to fund future Clean Watershed Needs Surveys (CWNS).
The CWNS is a comprehensive assessment of the capital needed to meet the water quality goals
of Sections 205(a) and 516 of the Clean Water Act. This assessment and documentation of future
needs is critical in the effort to manage and fund our nation's wastewater infrastructure. A
comprehensive CWNS is an important tool for identifying critical water quality needs in
communities across the Nation, including rural, small, and disadvantaged communities. It also
helps assess the scope of investments needed to reduce the vulnerability of water infrastructure to
natural hazards, including climate change. The proposed appropriation language does not change
the current set-aside percentage of up to 0.25 percent of the CWSRF level, which will allow EPA
to continue to fully fund the required Clean Water AIS management and oversight activities and
provide reliable and sufficient resources to conduct the CWNS. The FY 2023 Budget requests that
up to $1.5 million of the AIS set aside be available to conduct the CWNS.
EPA will partner with states to ensure that the CWSRF Program continues to play an important
role in promoting efficient system-wide planning; improvements in technical, financial, and
managerial capacity; and the design, construction, and ongoing management of sustainable water
infrastructure. To streamline data collection and reduce reporting burden, EPA in FY 2022
redesigned the databases used to collect performance information about the CWSRF and DWSRF
Programs. The goal of this effort is to reduce reporting burden by eliminating redundancy and
providing a more user-friendly interface for states to submit data. EPA completes annual reviews
of each CWSRF to help assess effective implementation of the Clean Water Revolving Fund
Categorical Grant program and encourage states to direct funding to projects that address climate
resiliency and equity.
Performance Measure Targets:
(PMINFRA-01) Billions of non-federal dollars leveraged by EPA's water
infrastructure finance programs (CWSRF, DWSRF and WIFIA).
FY 2022
Target
FY 2023
Target
9
9
(PM WWT-02) Number of American Indian and Alaska Native homes
provided access to basic sanitation, in coordination with other agencies.
FY 2022
Target
FY 2023
Target
6,098
6,098
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.
• (-$9.0) This net program change is an adjustment to state Clean Water SRF programs,
which EPA will apply based on the Clean Water Act formula.
816
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Statutory Authority:
Title VI of the Clean Water Act.
817
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Infrastructure Assistance: Drinking Water SRF
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
SI.22-I.20V
SIJ2f>.OSS
S 1.12/i.VVj
S~
Total Budget Authority
$1,224,269
$1,126,088
$1,126,095
$7
Total Workyears
1.6
1.4
1.4
0.0
Program Project Description:
EPA's Drinking Water State Revolving Fund (DWSRF) is designed to assist public water systems
in financing the costs of drinking water infrastructure improvements needed to achieve or maintain
compliance with Safe Drinking Water Act (SDWA) requirements, protect public health, and
support state and local efforts to protect and provide drinking water. These funds finance critical
infrastructure necessary to ensure safe drinking water for all Americans while creating good paying
jobs and upgrading and modernizing America's drinking water systems. The 2015 Drinking Water
Infrastructure Needs Survey and Assessment (DWINSA) indicated a 20-year capital investment
need of $472.6 billion for public water systems eligible to receive funding from state DWSRF
Programs. The capital investment need covered 49,250 community water systems (CWS), 21,400
not-for-profit non-community water systems (NPNCWS), American Indian water systems, and
Alaska Native Village (ANV) water systems. The 2015 DWINSA need reflected costs for repairs
and replacement of leaking transmission pipes and deteriorated storage and treatment equipment,
as well as new infrastructure and other projects, e.g., replacing lead service lines, required to
protect public health and ensure compliance with the SDWA.
To reduce public health risks and help ensure safe and reliable delivery of drinking water
nationwide, EPA makes capitalization grants to states in order to provide low-cost loans and other
assistance to eligible public water systems and maintain robust drinking water protection
programs. In addition to maintaining the statutory focus on addressing the greatest public health
risks first, states can help those most in need on a per household basis according to state
affordability criteria and can utilize set-asides to assist small systems. To maintain a focus on
communities most in need, states are required to provide a portion of their capitalization grant as
additional subsidization to disadvantaged communities.
The DWSRF Program provides communities access to critical low-cost financing and offers a
subsidy to help utilities address long-term needs associated with water infrastructure. Most
DWSRF assistance is offered as loans which water utilities repay from the revenues they generate
from the rates they charge their customers for service.
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Water utilities in many communities may need to evaluate the rate at which they invest in drinking
water infrastructure repair and replacement to keep pace with their aging infrastructure, many of
which may be approaching the end of their lives.
EPA works with states to ensure that DWSRF infrastructure and technical assistance funds are
available to water systems in disadvantaged communities that have the most significant drinking
water challenges. EPA emphasizes assistance to projects which reduce lead and help water systems
achieve resiliency to natural hazards, including climate change.
State Set-Asides
States have considerable flexibility to tailor their DWSRF program to their unique circumstances.
This flexibility ensures that each state can carefully and strategically consider how best to achieve
the maximum public health protection. To achieve this, states may set aside and award funds for
targeted activities that can help them implement and expand their drinking water programs. The
four DWSRF state set-asides716 are:
• Small System Technical Assistance (up to two percent);
• Administrative and Technical Assistance717 (up to four percent, $400 thousand or one-fifth
percent of the current valuation of the fund, whichever is greater);
• State Program Management (up to ten percent); and
• Local Assistance and Other State Programs (up to fifteen percent).
Taken together, approximately 31 percent of a state's DWSRF capitalization grant may be set aside
for activities other than infrastructure construction. These set-asides enable states to improve water
system operation and management, emphasizing institutional capacity as a means of achieving
sustainable water system operations. Over the past three years, states have increased their set-
asides to approximately 23 percent. States can utilize these set-aside funds to help drinking water
systems, especially those in small and disadvantaged communities, increase their technical,
managerial, and financial capacity and receive the planning and capacity building assistance they
need to effectively manage the systems and plan for the future.
Non-Federal Funding Leveraging
The federal investment is designed to be used with other sources of funds to address drinking water
infrastructure needs. States are required to provide a 20 percent match for their capitalization grant.
Some states elect to leverage their capitalization grants through the public debt markets to enable
the state to provide more assistance. These features, including state match leveraging and the
revolving fund design of the Program, have enabled the states to provide assistance exceeding 200
percent of the federal capitalization since the Program's inception in 1997. For every dollar the
716 For more information, please see: https://www.epa.gov/drinkingwatersrf/how-drinking-water-state-revolving-fund-works#tab-
5.
717 For more information, please see: https://www.congress.gov/bill/114th-congress/senate-bill/612/text.
819
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federal government invests in this Program, the states, in total, have delivered over two dollars in
assistance to water systems. In addition, the DWSRF's rate of funds utilized718 was 96.6% percent
in 2021, surpassing the funds utilization target of 96 percent.
The FY 2023 capitalization of the DWSRF would supplement more than $48.5 billion in total
assistance provided over the life of the Program, from all funding sources. The assistance provided
in 2021 from federal capitalization, state contributions, and repayments was $3.8 billion, a
significant increase from recent years.
National Set-Asides
Prior to allotting funds to the states, EPA reserves certain national level set-asides.719 The statute
requires that $2 million be allocated to small systems to monitor for unregulated contaminants to
facilitate their compliance with the monitoring and reporting requirements of the Unregulated
Contaminant Monitoring Regulation (UCMR). In FY 2022, EPA requested to set aside $12 million
to provide small systems with the resources needed to implement the new statutorily mandated
expansion of the UCMR Program. Section 2021 of the America's Water Infrastructure Act
(AWIA) of 2018 requires, subject to availability of appropriations and adequate laboratory
capacity, all Public Water Systems (PWSs) serving 3,300 to 10,000 persons to monitor under
future UCMR cycles. It also requires EPA to ensure that a nationally representative sample of
PWSs serving fewer than 3,300 persons monitor under future UCMR cycles. In FY 2023, EPA
proposes to again set-aside $12 million for this new statutory mandate.
The 1996 SDWA established the current UCMR Program. It includes statutory provisions that
require EPA to coordinate and pay the monitoring costs for a representative selection of small
water systems that serve fewer than 10,000 individuals. Historically under this emerging
contaminant monitoring program, EPA would require sampling at 800 small water systems that
would be selected to represent the over 60,000 small water systems throughout the United States.
AWIA included statutory revisions amending SDWA and mandating (subject to the availability of
appropriations) that EPA significantly expand the small water system monitoring program.
Starting with UCMR 5 (FY 2022-2026), the total number of small systems monitored will increase
7.5 times, from 800 to 6,000. This expansion will include all 5,200 public water systems that serve
between 3,300 and 10,000 individuals and a representative selection of 800 systems serving fewer
than 3,300 individuals.
EPA will direct up to two percent or $20 million, whichever is greater, of appropriated funds to
tribes and ANVs. These funds are awarded either directly to tribes or, on behalf of tribes, to the
Indian Health Service through interagency agreements. Additionally, EPA will continue to set
aside up to 1.5 percent for territories.
In addition, SDWA requires that no funds made available by a state DWSRF as authorized by
SDWA Section 1452 (42 U.S.C. 300J-12) shall be used for a project for the construction, alteration,
maintenance, or repair of a public water system unless all of the iron and steel products used in the
718 The cumulative dollar amount of loan agreements divided by cumulative funds available for projects.
719 Safe Drinking Water Act Sections 1452(i)(l), 1452(i)(2), 1452(j), and 1452(o), as amended.
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project are produced in the United States. The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean Water and Drinking Water State Revolving Funds for
carrying out the provisions for management and oversight of the requirements of this section.
Additionally, EPA is requesting authority in the DWSRF to fund the Drinking Water Needs Survey
(DWNS). Every four years, EPA works with states and community water systems to estimate the
DWSRF eligible needs of system by state over the next 20 years. EPA uses this information as
part of the formula for state allocations of the DWSRF. The FY 2023 President's Budget includes
up to $1.5 million set-aside from the DWSRF to ensure there are consistent and reliable resources
to fund this important work.
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. Work under this program
also directly supports progress toward the FY 2022-2023 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.720 Current work is focused on developing a map-based
screening tool to assist regions in identifying these communities.
In FY 2023, EPA will work to increase by $9 billion the cumulative amount of non-federal dollars
leveraged by water infrastructure finance programs (CWSRF, DWSRF and WIFIA). For FY 2023,
EPA requests $1.13 billion for the DWSRF to help finance critical infrastructure improvement
projects to public drinking water systems. The funding will accelerate infrastructure replacements
and investments. The investments support several priority areas including improving the resilience
of water systems to natural hazards, including climate change, ensuring that every community in
the Nation has access to clean, safe water, and creating good paying jobs. The Program will
encourage states to prioritize funding for projects focused on system resiliency. In FY 2023, EPA
requests nearly $2.8 billion for the Drinking Water and Clean Water State Revolving Funds
(SRFs). The SRF infrastructure budget, combined with the funding from the Water Infrastructure
Finance and Innovation Act (WIFIA) Program, provides robust funding for critical drinking and
wastewater infrastructure. This request will complement the historic amount of funding provided
in the Infrastructure and Investment Jobs Act.
The requested funding level reflects documented needs for drinking water infrastructure and
improvements to infrastructure in small and disadvantaged communities. EPA will continue to
foster its strong partnership with the states to provide small system technical assistance with a
focus on compliance with rules, operational efficiencies, and system sustainability to ensure public
health protection. In FY 2023, EPA also will continue to amplify information on available funding
options for local utilities and state programs to meet critical infrastructure needs.
720 This Agency Priority Goal is implemented jointly with Goal 6.
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Furthermore, as a pilot program under Justice40, the Agency will leverage all available authorities,
tools, and resources to meet key administration priorities in investments in overburdened and
underserved communities. EPA will continue to work to target a significant portion of assistance
from SRFs to small and overburdened and underserved communities with limited ability to repay
loans. In FY 2023, EPA is requesting that 14 percentage of the funds provided to the states be
available for additional subsidy and allow states to go above that percentage if there is an
emergency declared for lead.
In FY 2023, the DWSRF Program will continue to implement the Clean Water and Drinking Water
Infrastructure Sustainability Policy. This policy focuses on promoting system-wide planning that
helps water systems:
• align water infrastructure system goals;
• analyze infrastructure alternatives, including energy efficient alternatives; and
• ensure they have the financial capacity and rate structures to construct, operate, maintain,
and replace infrastructure over time.
In FY 2023, EPA is continuing to emphasize strengthening small system technical, managerial,
and financial capability through the Capacity Development Program, the Operator Certification
Program, the Public Water System Supervision State Grant Program, and the DWSRF. The
Capacity Development Program establishes a framework for states and water systems to work
together to help small systems achieve the SDWA's public health protection objectives. The state
Capacity Development Programs are supported federally by the Public Water System Supervision
state grant funds and the set-asides established in the DWSRF. In FY 2023, EPA will continue to
work with states to review and update their capacity development strategies to include asset
management as required by AWIA.
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 INFRA-01) Billions of non-federal dollars leveraged by EPA's water
infrastructure finance programs (CWSRF, DWSRF and WIFIA).
FY 2022
Target
FY 2023
Target
9
9
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$11.0) 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.
822
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• (-$4.0) This program change is an adjustment to state Drinking Water SRF programs,
which EPA will apply based on the Safe Drinking Water Act formula.
Statutory Authority:
Safe Drinking Water Act § 1452.
823
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San Juan Watershed Monitoring
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S
S -1.000
S 4,000
SO
Total Budget Authority
$6,363
$4,000
$4,000
$0
Program Project Description:
This program was established under Section 5004(d) of the Water Infrastructure Improvements for
the Nation Act of 2016 (WIIN). EPA and the states and tribes in the San Juan watershed—Arizona,
Colorado, New Mexico, Utah, Navajo Nation, Ute Mountain Ute Tribe, and Southern Ute Indian
Tribe—work together to monitor water quality and use the best available data and science to
identify and implement pollution prevention and restoration projects to improve water quality721.
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 FY 2023 request of $4 million will continue to fund the Gold King Mine Program (also
referred to as the San Juan Watershed Program). The states and tribes, with support from EPA,
will continue to monitor water quality across the watershed and inform stakeholders about water
quality conditions. In addition, the Program is preparing to fund pollution prevention and
restoration projects with the objective to restore water quality throughout the watershed.
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.
721 For more information please see: http://www.epa.gov/saniuanwatershed.
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Statutory Authority:
Water Infrastructure Improvements for the Nation Act, Title IV, § 5004(d); Clean Water Act §
106.
825
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Infrastructure Assistance: Mexico Border
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S IV.5VI
N .10.000
S .10.000
SO
Total Budget Authority
$19,591
$30,000
$30,000
$0
Program Project Description:
EPA works collaboratively with United States (U.S.) federal, state, and local partners and the
Mexican water agency - CONAGUA - through the U.S.-Mexico Border Water Infrastructure
Program to fund planning, design, and construction of high-priority water and wastewater
treatment facilities for underserved communities along the border. Investments in wastewater and
drinking water infrastructure in communities on both sides of the U.S.-Mexico Border reduce
disease and health care costs associated with exposure to raw sewage and drinking water
contaminants causing acute and chronic illnesses. U.S.-Mexico Border Water Infrastructure
projects stimulate local economies through public health-related economic gains, job creation, and
increased demand for goods and services.
Untreated sewage flowing north into the U.S. from Tijuana, Mexicali, and Nogales pollutes the
Tijuana, New River, and Santa Cruz rivers. Untreated sewage also pollutes shared waters, such as
the Rio Grande, Pacific Ocean, and the Gulf of Mexico. The close proximity and intermingling of
border communities that have poor quality drinking water and sanitation poses a serious risk of
disease transmission. The U.S. and Mexico share more than two thousand miles of common border
from the Gulf of Mexico to the Pacific Ocean and over 62 miles on either side of the international
border. The border region is home to more than 15.2 million people with about 8 million living in
the U.S. (U.S. Census Bureau 2017 estimates) and more than 7 million living in Mexico's Border
Municipalities (Instituto Nacional de Estadisticay Geografia-INEGI, 2015 estimate). Twenty-six
U.S. federally recognized Native American tribes also are located in the U.S.-Mexico border
region.
To date, the Program has funded 139 projects. More than nine million people are benefiting from
122 completed projects, and over 1.3 million people will benefit from projects currently under
construction. Since 2003, the Program has provided approximately 61,130 homes with first time
access to safe drinking water and around 893,810 homes with first time access to wastewater
collection/treatment.
The EPA's Border Water Infrastructure Program is unique among federal funding programs. It is
the only federal program that can fund projects on both sides of the border. Citizens of the U.S.
benefit from all proj ects since all funded proj ects must demonstrate that they will provide a positive
826
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public health and/or environmental benefit to the U.S., whether the project is located in the U.S.
or Mexico. For example, a wastewater project in Mexico can only be funded if that sewage would
otherwise contaminate a U.S. waterbody. Treating these waters after they have been contaminated
and have crossed the border into the U.S. is neither technically feasible nor financially viable. The
Agency' s investments in the Mexican side proj ects have represented only a third of the total proj ect
construction costs, while leveraging two thirds of the remaining total costs from the Mexican
government and other funding sources and preventing contamination from raw sewage discharges
in shared waters. The EPA's investment leverages Mexican funds for the benefit of the U.S. If not
for the Agency's investment, Mexican funds would likely be invested in other parts of Mexico that
do not directly benefit the U.S.. Preventing raw sewage discharges to shared water resources is
especially critical in a region that is already facing water scarcity challenges.
The close bi-national cooperation in this program has improved public health and water quality.
Improving access to clean and safe water is a key focus of the Border 2025 Plan,722 the bi-national
agreement that guides efforts to improve environmental conditions in the U.S.-Mexico Border
region.
The U.S.-Mexico Border Program is one of the few federal programs that assists communities in
the planning and design of water and sanitation infrastructure projects. Planning and design are
essential to advance projects to a construction ready stage, create sustainable communities and
access public and private funding. Twenty-four projects with construction costs estimated at
nearly $235 million are currently in planning and design. More than 2 million border residents will
benefit once all these projects are complete.
U. S.-Mexico Border communities are looking to EPA as a last-resort funding source when utilities,
cities, or states are not able to fully finance needed infrastructure improvements. The Program
serves communities that often lack the debt capacity to apply for other funding sources, including
EPA's State Revolving Funds. To improve opportunities for communities to request funding
support for these critical investment needs, in FY 2017, EPA, in coordination with the North
American Development Bank, modified the process to allow for applications to be submitted on a
continuous basis through an on-line format available 24 hours a day and seven days per week.
Since 2017, a total of 34 applications have been selected and are currently in development or
construction. Those applications represent an estimated construction investment need of over $349
million. The Program continues to receive new applications and evaluates these on, at least, a
quarterly basis.
EPA investments in these wastewater projects are protecting public health from waterborne
diseases and have been a key factor in significant water quality improvements in U.S. waterbodies,
such as the Rio Grande (Texas and New Mexico), Santa Cruz River (Arizona), New River
(California), and Tijuana River and Pacific Ocean (California). In both the New River and the
middle Rio Grande, for example, fecal coliform levels have dropped by over 80 percent because
of jointly funded wastewater treatment plants built in Mexicali and Ojinaga, Mexico, respectively.
California beaches in the border region that were once closed throughout the year due to
wastewater pollution from Mexico now remain open throughout the summer, resulting in
decreased health risks to beachgoers and an economic benefit for local governments. The Santa
722 For more information please visit: https://www.epa.gov/usmexicotorder/border-2025-framework.
827
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Cruz River now supports a healthy fish population where a few years ago only bloodworms
thrived.
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.
With the requested $30 million for FY 2023, the U.S.-Mexico Border Water Infrastructure
Program will continue to fund high-priority water and wastewater infrastructure projects. Projects
that receive funding have been evaluated and ranked using a risk-based prioritization system,
which enables the Program to direct grant funding to projects that demonstrate human health
benefits, cost-effectiveness, institutional capacity, and sustainability. EPA coordinates at local,
national, and bi-national levels to assess the environmental needs and make prioritized funding
decisions. All program funding will be invested in projects that, whether located in the U.S. or
Mexico, provide a positive public health and/or environmental benefit to the U.S. The U.S. benefits
include improved quality of U.S. water bodies and shared waters and reduced health risk to the
U.S. population. The demonstration of a U.S. benefit is one of the fundamental eligibility criteria
for projects seeking program assistance.
The U.S.-Mexico Border Water Infrastructure Program works with the ten border states (four U.S.
and six Mexican) and local communities to improve the region's water quality and public health.
The U.S. and Mexican governments will collaborate on water infrastructure projects to reduce
health risks to residents, including vulnerable populations of children and the elderly, many of
whom currently lack access to safe drinking water and sanitation. Additionally, by providing
homes with access to basic sanitation, the EPA and its partners will reduce the discharge of
untreated wastewater into surface water and groundwater. These activities will help meet targets
as part of the Justice40 pilot program.
FY 2023 funding will be allocated to a portion of the construction of projects that have completed
planning and design and are ready to move to construction. Final decisions on the use of FY 2023
funding will be based on balancing the construction needs of fully designed projects with the
planning and design needs of prioritized projects.
Performance Targets:
EPA's FY 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.
828
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Statutory Authority:
Treaty entitled "Agreement between the United States of America and the United Mexican States
on Cooperation for the Protection and Improvement of the Environment in the Border Area,
August 14, 1983".
829
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Targeted Airshed Grants
Program Area: State and Tribal Assistance Grants (STAG)
Goal: Ensure Clean and Healthy Air for All Communities
Objective(s): Improve Air Quality and Reduce Localized Pollution and Health 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
Si tile anil Tribal Assistance (iranls
S 52.SV5
S5V.MO
S 5'f.OOO
SO
Total Budget Authority
$52,895
$59,000
$59,000
$0
Program Project Description:
The Targeted Airshed Grants Program awards competitive grant funding to reduce air pollution in
nonattainment areas that were ranked as the top five most polluted areas relative to ozone, annual
average fine particulate matter (PM2.5), or 24-hour PM2.5 National Ambient Air Quality Standards
(NAAQS). In FY 2021, approximately $59 million in competitive grant funds were allocated for
this program. This program assists air pollution control agencies in conducting emission reduction
activities in these nonattainment areas. The overall goal of the Targeted Airshed Grant Program is
to reduce air pollution in the Nation's areas with the highest levels of ozone and PM2.5 ambient air
concentrations.
FY 2023 Activities and Performance Plan:
Work in this program directly supports Goal 4/Objective 4.1, Improve Air Quality and Reduce
Localized Pollution and Health Impacts in the FY 2022 - 2026 EPA Strategic Plan.
Work in this program directly supports the President's priorities to tackle the climate crisis and
advance environmental justice. The targeted airshed grant program provides funding to air
pollution control agencies with responsibilities for the State Implementation Plan (SIP) or Tribal
Implementation Plan (TIP) for the eligible nonattainment areas. This program can fund any
activities that achieve documentable emission reductions to assist eligible nonattainment areas
meet the NAAQS.
Air pollution control agencies that have responsibilities for these areas will continue to implement
projects that improve the air quality in the listed nonattainment areas. Expected projects include:
• Replacing vehicles, engines, or equipment with cleaner alternatives;
• Replacing or retrofitting heat devices (e.g., wood burning stoves, fireplaces); and
• Other projects that achieve quantifiable emission reductions for the applicable pollutant(s),
such as road paving, providing dry seasoned wood, and other residential wood smoke
reduction activities.
830
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Anticipated projects will achieve demonstrable reductions in air pollutants that contribute to the
nonattainment status of the eligible areas, including reductions in direct PM2.5, NOx, volatile
organic compounds (VOCs), SO2, and/or ammonia. They will provide direct health and
environmental benefits to communities. Priority funding for these grants goes to emission
reduction projects that promote environmental justice in eligible nonattainment areas based on
how well the projects will effectively address the disproportionate and adverse cumulative impacts
(human health, environmental, climate-related and others) that have affected and/or currently
affect people/communities of color, low income, tribal, and indigenous populations.
Over their lifetime, the thirteen proj ects funded by the FY 2019/F Y 2020 Targeted Airshed Grants
are estimated to reduce total emissions of particulate matter by approximately 5,600 tons and ozone
precursors by approximately 6,700 tons.
Performance Measure Targets:
EPA's FY 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.
Statutory Authority:
Consolidated Appropriations Act, 2022, Pub. L. 117-103.
831
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Safe Water for Small & Disadvantaged Communities
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
s-fxsi:
N
ssn.no 2
YvJ.iy-/
Total Budget Authority
$45,312
$26,408
$80,002
$53,594
Total Workyears
1.0
1.0
1.0
0.0
Program Project Description:
EPA awards Small and Disadvantaged Communities Drinking Water Grants to states to assist
public water systems in underserved, small, and disadvantaged communities. The grants are
designed to assist communities that are unable to finance activities needed to comply with the
National Drinking Water Regulations and to respond to drinking water contaminants.
In FY 2021, the Program awarded funding totaling over $28 million to 28 states. These grants and
the cost share requirement contributed to over $83 million in project investments in small,
underserved, and disadvantaged communities.
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.
EPA is requesting $80 million in FY 2023 to assist small and disadvantaged communities with
improving their drinking water resources, a nearly $54 million increase over FY 2022 levels. The
FY 2023 request will provide additional grant funding and support to address lead and other
contaminants in drinking water, especially in small and disadvantaged communities. Many of these
communities are rural and have limited access to other sources of funding. These grants are
awarded as non-competitive grants to states, with a separate tribal allotment. The grant program
provides assistance to overburdened and underserved communities that either have no household
drinking water or wastewater services or are served by a public water system that violates or
exceeds any maximum containment level, treatment technique, or action level. Projects eligible
for assistance include those designed to:
• return a public water system to compliance;
• efforts that benefit overburdened and underserved communities on a per household basis;
832
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• programs to provide household water quality testing, including testing for unregulated
contaminants; and
• activities necessary for a state to respond to a contaminant.
With $80 million in grant funding, the Program is estimating than over 100 projects would receive
funding. With non-federal cost share, EPA estimates these projects would total $120 million in
project investment in small, disadvantaged, and underserved communities. The Program will
support the Agency's Infrastructure Investment and Jobs Act of 2021 (IIJA) implementation
priorities.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
FY 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.
• (+$53,585.0) This program change increases the amount of grant funding available under
the Safe Water for Small and Disadvantaged Communities program and reflects the
President's priority on addressing lead and other contaminants in drinking water, especially
in small and disadvantaged communities. This fully funds the authorized level for this
program in the Drinking Water and Wastewater Infrastructure Act (DWWIA).
Statutory Authority:
Water Infrastructure Improvements for the Nation Act, Title IV, Section 2104; Consolidated
Appropriations Act, 2022, Pub. L. 117-103.
833
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Reducing Lead in Drinking Water
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
s-io.o.\i
S2l.il 1
S 1X2.002
S IMI.-IVI
Total Budget Authority
$40,053
$21,511
$182,002
$160,491
Total Workyears
1.0
1.0
1.0
0.0
Program Project Description:
The Reducing Lead in Drinking Water grant program was established in Section 2105 of the Water
Infrastructure Improvements for the Nation Act of 2016 (WIIN). Objectives of the grant program
are to reduce the concentration of lead in drinking water by 1) replacing lead service lines (LSLs);
2) identifying and addressing conditions that contribute to increased concentration of lead in
drinking water; and 3) providing assistance to low-income homeowners to replace lead service
lines. The grant program supports the President's commitment to eliminating lead service lines723
and the goal of ensuring clean and safe water for all by prioritizing applications from
disadvantaged communities. In FY 2020, EPA announced the availability of $40 million in grant
funding to assist disadvantaged communities with removing sources of lead in drinking water from
drinking water systems and schools. In FY 2021, EPA awarded funding to ten projects across the
nation for LSL replacement, improvements in drinking water infrastructure, and lead remediation
and replacement activities in schools and childcare facilities.
In FY 2022, the Agency plans to announce the next cycle of competition for approximately $20
million in grant funding to continue to reduce lead exposure in drinking water in underserved and
overburdened communities.
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.
Work in this program directly supports efforts related to the reduction of lead exposures and
associated health impacts in disadvantaged communities. The Program supports infrastructure
and/or treatment improvements in public drinking water systems, as well as the remediation and/or
replacement of drinking water infrastructure in schools and childcare facilities. The FY 2023
request includes $182 million for the Reducing Lead in Drinking Water grant program, which is a
$160.5 million increase over FY 2022 levels. This request fully funds the Infrastructure Investment
723 For more information please see: https://www.whitehouse.gov/briefiiig-room/statemeiits-releases/2021/12/16/fact-sheet-the-
biden-harris-tead-pipe-aiid-paiiit-actioii-plaii/.
834
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and Jobs Act of 2021 (IIJA) authorized level of $100 million in FY 2023 for this program. In
addition, an increase of $82 million is requested for lead service line replacement activities with a
focus on underserved and overburdened communities. Such funds are intended to complement the
IIJA funding provided for lead service line replacements through the Drinking Water State
Revolving Fund (DWSRF). Funding will be used to provide grants to eligible entities to fund lead
service line replacement and/or remediation projects that meaningfully reduce the concentration
of lead in drinking water with a priority for underserved and overburdened communities. The
prioritization will be based on the affordability criteria established by the applicable state. This
funding will allow EPA to fund approximately 30 to 80 projects across the country in FY 2023.
These activities will help work toward meeting targets as part of the Justice40 pilot program.
Performance Measure Targets:
Work under this program supports the Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$8.0) 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.
• (+$160,483.0) This program change is an increase that supports the President's priority of
addressing lead in drinking water, especially in small and disadvantaged communities, and
supports advancing environmental justice and equitable outcomes. EPA will prioritize
assisting underserved and overburdened communities, low-income homeowners, and
landlords providing housing to low-income renters.
Statutory Authority:
Water Infrastructure Improvements for the Nation Act, Title IV, Section 2105; Consolidated
Appropriations Act, 2022, Pub. L. 117-103.
835
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Lead Testing in Schools
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
s 1V.-IJ0
N 2(>,500
SMt.500
SI 0.000
Total Budget Authority
$19,430
$26,500
$36,500
$10,000
Program Project Description:
The goals of the Grant Program are to: 1) reduce children's exposure to lead in drinking water; 2)
help states target funding to schools and childcare facilities unable to pay for testing and/or
remediation; 3) utilize the Training, Testing, and Taking Action (3Ts) approach to establish best
practices for a lead in drinking water prevention program; 4) foster sustainable partnerships at the
state and local level to facilitate exchange of information among experts in the education and health
sectors and more efficient use of existing resources; 5) and enhance community, parent, and
teacher cooperation and trust.
In FY 2021, EPA announced $26.5 million in grant funding for the Program. The Agency
continues to award funding to the states and the District of Columbia, while also adding new
participants including Puerto Rico, American Samoa, and the United States Virgin Islands. By the
end of FY 2021, funding was awarded to 43 states, but constraints caused by the COVID-19
pandemic slowed implementation.
Funding in FY 2021 allowed over 6,100 schools or childcare facilities to test for lead exposure in
drinking water, directly impacting over 1.1 million children in disadvantaged communities. In FY
2021, the Agency also worked with seven tribal consortia to award over $4.3 million in grants to
support tribal schools and childcare programs.724
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.
The Drinking Water and Wastewater Infrastructure Act of 2021 amended Safe Drinking Water
Act Section 1464 (Lead Testing in Schools grant) to include remediation (termed "lead reduction")
in the statutory language. This important amendment allows program grants to support both water
testing and remediation of the sources of the lead in drinking water in schools and childcare
facilities. In FY 2023, EPA is requesting $36.5 million to provide grants to support voluntary
724 For more information, please see: https://www.epa.gov/tribaldrinkingwater/wiin-act-section-2107-lead-testiiig-school-and-
child-care-program-drinking-water.
836
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testing for lead contamination in drinking water at schools and childcare facilities and for
remediation of sources of lead in the drinking water in those facilities, which is a $10 million
increase. The FY 2023 funding will improve drinking water quality for vulnerable populations and
help schools and childcare facilities better protect children in overburdened and underserved
communities.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the nation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$10,000.0) This program change is an increase in resources to support the
Administration's priority on addressing lead in drinking water, especially in small and
disadvantaged communities. This fully funds the authorized level for the Program in the
Drinking Water and Wastewater Infrastructure Act (DWWIA).
Statutory Authority:
Safe Drinking Water Act § 1464(d), as amended by AWIA, Pub. L. 115-270 § 2006.
837
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Drinking Water Infrastructure Resilience and Sustainability
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
S -1.000
S 25.000
S 21.000
Total Budget Authority
$0
$4,000
$25,000
$21,000
Program Project Description:
The Program assists public water systems serving small and underserved communities in the
planning, design, construction, implementation, operation, or maintenance of a program or project
that increases resilience to natural hazards, including climate change. This program focuses on
increasing water infrastructure investment and improving drinking water and water quality,
especially in underserved and overburdened communities across the country.
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, EPA is requesting $25 million for the Drinking Water Infrastructure Resilience and
Sustainability Grant Program, which supports the Administration's priority of assisting eligible
entities in the planning, design, construction, implementation, operation, or maintenance of a
program or project that increases resilience to natural hazards, including climate change. This
represents an increase of $21 million.
The FY 2023 request will allow EPA to fund projects across the country, accelerating the ability
of public water systems to take action to improve their resilience. FY 2023 grants will support a
wide range of locally relevant activities, including
• water conservation or the enhancement of water use efficiency;
• modification or relocation of existing drinking water system infrastructure that is at risk
for significant impairment by natural hazards, including risks to drinking water from
climate change and flooding;
• design or construction of desalination facilities to serve existing communities;
• enhancement of water supply through the use of watershed management and source water
protection;
838
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• enhancement of energy efficiency or the use and generation of renewable energy in the
conveyance or treatment of drinking water; or
• development and implementation of activities to increase the resilience of the eligible
entity to natural hazards.
These grants will help ensure that water systems across the country, especially those serving
disadvantaged communities, have the resources needed to reduce the vulnerability of their water
infrastructure to natural hazards.
Performance Measure Targets:
Work under this program supports performance results in the Drinking Water State Revolving
Fund and Categorical Grant: Public Water System Supervision (PWSS) Programs under the STAG
appropriation and 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):
• (+$21,000.0) This program change is an increase in resources to support water
infrastructure in communities. This funding will ensure access to safe drinking water and
supports the Administration's priority on assisting eligible entities in the planning, design,
construction, implementation, operation, or maintenance of a program or project that
increases resilience to natural hazards.
Statutory Authority:
AWIA, P L. 115-270, Section 2005.
839
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Technical Assistance for Wastewater Treatment Works
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SIS. 000
SIS.000
SO
Total Budget Authority
$0
$18,000
$18,000
$0
Program Project Description:
This Program provides grants to nonprofit organizations to help rural, small, and tribal
municipalities to: 1) obtain Clean Water State Revolving Fund (CWSRF) financing; 2) protect
water quality and achieve and maintain compliance with the requirements of the Clean Water Act
(CWA); and 3) disseminate planning, design, construction, and operation information for small
publicly owned wastewater systems and decentralized wastewater treatment systems. Program
funding also provides training to operators, staff, and managers on sustainable and effective
management, financial, and operational practices.
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.
The FY 2023 request of $18 million will continue funding for the Technical Assistance for
Treatment Works Grant Program. The Program supports environmental justice and work in
underserved communities. Underserved communities are more likely to experience water
infrastructure challenges because of a lack of staff capacity and limited resources to pay for
external expertise. In FY 2023, EPA will provide grants to nonprofit organizations to support
training and technical assistance to help rural, small, and tribal municipalities obtain CWSRF
financing, protect water quality and ensure CWA compliance, and share information on planning,
design, construction, and operation of wastewater systems. These activities also will help achieve
the goals of the Administration's Justice40 initiative.
Performance Measure Targets:
Work under this program supports performance results in the Drinking Water State Revolving
Fund and Clean Water State Revolving Fund Programs under the STAG appropriation and the
Water Infrastructure Finance and Innovation Act (WIFIA) Program under the WIFIA
appropriation.
840
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FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• There is no change in program funding.
Statutory Authority:
AWIA, P.L. 115-270, Section 4103 and Clean Water Action Section 104(b)(8).
841
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Sewer Overflow and Stormwater Reuse Grants
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
SfiJOS
S-/0.000
S2S0.000
s 2-io.im
Total Budget Authority
$6,308
$40,000
$280,000
$240,000
Total Workyears
0.3
0.0
5.0
5.0
Program Project Description:
The Sewer Overflow and Stormwater Reuse Municipal Grant (OSG) Program provides grants to
fund projects that mitigate the effect of extreme weather events. These events cause storm water
issues and increase the incidence of combined and sanitary sewer overflows. The grants fund
projects that include green as well as gray infrastructure. Many underserved and marginalized
communities will benefit from the work funded by these grants. In 2021, EPA established an
allocation formula for how funds will be distributed for the states. District of Columbia, and the
United States territories to provide grants to municipalities to manage combined sewer overflows,
sanitary sewer overflows, and stormwater flows.725
EPA awards grants using a formula that captures sewer overflow726 and stormwater infrastructure
needs. To the extent eligible projects exist, 20 percent of the appropriated funds must be for
projects utilizing green infrastructure, water and energy efficiency improvements, or other
environmentally innovative activities. Section 50204 of the Infrastructure Investment and Jobs Act
amends the OSG Program to include a minimum state allocation of 25 percent of each state's grant
be used for eligible projects in rural or financially distressed communities.
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.
The FY 2023 request includes $280 million for the OSG program, a nearly $240 million increase.
These funds will be used to help local officials mitigate the impact of extreme weather events with
an increased focus on rural communities and financially distressed communities and the
livelihoods of their residents. As these events can have a disparate impact on residents of
disadvantaged communities, this investment supports the Administration's priority for
725 For more information please visit: https://www.federatregister.gov/documents/2021/02/24/2021-03756/state-formula-
allocations-for-sewer-overflow-and-stormwater-reuse-grants.
726 For more information please visit: https://www.epa.gov/cwsrf/sewer-overflow-and-stormwater-reuse-municipal-grants-
program.
842
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environmental justice and will support reaching targets under the Administration's Justice40
initiative. This grant program also advances the Administration's priority for ensuring climate
resilient infrastructure by funding projects that manage stormwater levels from extreme wet-
weather events. In the 2012 Clean Watersheds Needs Survey, states reported a forward-looking
20-year infrastructure need for combined sewer overflows, sanitary sewer overflows, and
stormwater management in the amount of $99.8 billion.
Performance Measure Targets:
Work under this program supports performance results in the Drinking Water State Revolving
Fund and Clean Water State Revolving Fund Programs under the STAG appropriation and the
Water Infrastructure Finance and Innovation Act (WIFIA) Program under the WIFIA
appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$45.0) 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.
• (+$239,955.0 / +5.0 FTE) This program change is an increase of resources and FTE to
support the ever-growing need in America to improve the infrastructure and management
of combined sewer overflows, sanitary sewer overflows, and stormwater issues and their
effects on public health and the environment. This program change includes $800.0
thousand in payroll costs. This increase also fully funds the authorized level for the
Program in the Drinking Water and Wastewater Infrastructure Act (DWWIA).
Statutory Authority:
America's Water Infrastructure Act of 2018, P.L. 115-270, Section 4106, Infrastructure
Investment and Jobs Act of 2021, P.L. 117-58, Section 50204, Sec 221 Clean Water Act (33 USC
1301).
843
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Water Infrastructure Workforce Investment
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
S3.000
s /"."//
SI-/.-/I
Total Budget Authority
$0
$3,000
$17,711
$14,711
Program Project Description:
Drinking water and wastewater utilities provide a unique opportunity for access to stable,
rewarding, and high-quality careers. As utilities make critical investments in infrastructure,
drinking water and wastewater, utilities also must invest in the development of a strong local
workforce to strengthen communities and ensure a strong pipeline of skilled and diverse workers
for today and tomorrow.
This Program, created in consultation with the United States Department of Agriculture, provides
competitive grants to be used to connect individuals to career opportunities at drinking water and
wastewater utilities and increase public awareness of careers in this field. EPA selects experienced
and qualified non-profit, labor organizations, educational institutions, and public works
departments that can work with a broad array of water utilities.
This program supports efforts to increase representation from women, people of color, and tribes
in this sector. Most jobs in this sector do not require college degrees, and apprenticeship and
training programs can prepare people to have high-paying, meaningful professions that support the
water sector and economic development in their communities.
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.
The FY 2023 request of $17.7 million, an increase of $14.7 million, for the innovative Water
Infrastructure Workforce Development Investment Grant Program will: 1) assist in the
development and use of innovative activities relating to water workforce development and career
opportunities in the drinking water and wastewater utility sector and 2) expand public awareness
about drinking water and wastewater utilities and to connect individuals to careers in the drinking
water and wastewater utility sector.727 Program funding will support activities such as internship,
pre-apprenticeship, apprenticeship, and post-secondary bridge programs; education programs for
727Formore information, please see: https://www.epa.gov/sustaiiiable-water-infrastructure/imiovative-water-infrastructure-
workforce-development-program
844
-------
elementary, secondary, and higher education students; regional industry and workforce
collaboratives; secondary integrated learning laboratories; and leadership development.
Additional resources requested in FY 2023 will support community-based organizations and
public works departments or agencies to align water and wastewater utility workforce recruitment
efforts, training programs, retention efforts, and community resources with water and wastewater
utilities.
Performance Measure Targets:
Work under this program supports performance results in the Drinking Water State Revolving
Fund and Clean Water State Revolving Fund Programs under the STAG appropriation and the
Water Infrastructure Finance and Innovation Program (WIFIA) under the WIFIA appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$14,711.0) This program change is an increase of resources to support community-based
organizations and public works departments or agencies to align water and wastewater
utility workforce recruitment efforts, training programs, retention efforts, and community
resources with water and wastewater utilities. This fully funds the authorized level for the
program in the Drinking Water and Wastewater Infrastructure Act (DWWIA).
Statutory Authority:
42 U.S.C. 300j-19e, AWIA, P.L. 115-270, Section 4304.
845
-------
Technical Assistance and Grants for Emergencies (SDWA)
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S
S J 5.into
Total Budget Authority
$0
$0
$35,000
$35,000
Total Workyears
0.0
0.0
10.2
10.2
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50101 of DWWIA authorizes EPA to make grants to states or publicly owned water
systems to assist in responding to and alleviating any emergency situation (including cybersecurity
events and heightened exposure to lead) when the Agency determines that there is a substantial
danger to the public health.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
846
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$35,000.0 / +10.2 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $1,632 million for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50101.
847
-------
Technical Assistance and Grants for Emergencies, Small Systems
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 15,1)1)1)
SI 5.1)1)1)
Total Budget Authority
$0
$0
$15,000
$15,000
Total Workyears
0.0
0.0
2.2
2.2
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50101 of DWWIA authorizes EPA to make grants for states or publicly owned water
systems to assist in responding to and alleviating any emergency situation at small systems
(including cybersecurity events and heightened exposure to lead) when the Agency determines
there is a substantial danger to the public health.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
848
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$15,000.0 / +2.2 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $352.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50101.
849
-------
Source Water Petition Program
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 5,1)1)1)
S 5,000
Total Budget Authority
$0
$0
$5,000
$5,000
Total Workyears
0.0
0.0
1.0
1.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50103 of DWWIA authorizes EPA to make grants for states where public water system
operators and community members have formed a voluntary partnership to prevent source water
degradation.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
850
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$5,000.0 / +1.0 FTE) This program change is an increase that will fully fund the creation
of the new grant program under DWWIA at the authorized level. This investment also will
fund the administrative cost associated with running this new grant program. This includes
$160.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50103.
851
-------
Voluntary Connections to Public Water Systems
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 211,1)1)1)
S20.000
Total Budget Authority
$0
$0
$20,000
$20,000
Total Workyears
0.0
0.0
4.0
4.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50104(b) of DWWIA authorizes EPA to establish a new competitive grant program for
public water systems (or nonprofit entities on behalf of public water systems) to voluntarily
connect individual households to public water systems.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
852
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$20,000.0 / +4.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $640.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50104(b).
853
-------
Underserved Communities Grant to Meet SDWA Requirements
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 50.000
S 50.000
Total Budget Authority
$0
$0
$50,000
$50,000
Total Workyears
0.0
0.0
14.0
14.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50104(c) of DWWIA authorizes EPA to create a new competitive grant program to assist
states in helping underserved communities meet Safe Drinking Water Act (SDWA) requirements.
Grants will prioritize communities that do not have household drinking water or wastewater
services.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
854
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$50,000.0 / +14.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $2.24 million for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50104(c).
855
-------
Small System Water Loss Identification and Prevention
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 50.000
S 50.000
Total Budget Authority
$0
$0
$50,000
$50,000
Total Workyears
0.0
0.0
9.0
9.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50106 of DWWIA authorizes EPA to create a new grant program for states, municipalities,
water systems, tribes (or consortia), or nonprofit organizations, to assist public water systems that
serve fewer than 10,000 people in order to promote operation sustainability. Grantees can use
grants for activities such as inventorying or mapping system assets, deploying technology,
increasing water reuse, or training staff.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
856
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$50,000.0 / +9.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $1.44 million for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50106.
857
-------
Midsize and Large Drinking Water System Infrastructure Resilience and Sustainabilitv
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 50.000
S 50.000
Total Budget Authority
$0
$0
$50,000
$50,000
Total Workyears
0.0
0.0
10.0
10.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50107 of DWWIA authorizes EPA to create a new grant program for the resilience and
sustainability of public water systems serving more than 10,000 people; including projects that
increase resilience to natural hazards, cybersecurity vulnerabilities, or extreme weather events.
Eligible activities include water conservation and efficiency, infrastructure modification or
relocation, desalination, source water protection, energy efficiency, renewable energy, resiliency
efforts, cybersecurity measures, or water conservation or reuse.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
858
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$50,000.0 / +10.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $1.6 million for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50107.
859
-------
Indian Reservation Drinking Water Program
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 50.000
S 50.000
Total Budget Authority
$0
$0
$50,000
$50,000
Total Workyears
0.0
0.0
8.0
8.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50111 of DWWIA broadens the Indian reservation drinking water grant program (which
has not been appropriated to date) to extend to projects on Indian reservations that connect, expand,
or repair existing public water systems, as well as to include Clean Water Act water quality or
sanitation projects for treatment works.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
860
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$50,000.0 / +8.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $1.28 million for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50111.
861
-------
Advanced Drinking Water Technologies
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 10.000
si turn
Total Budget Authority
$0
$0
$10,000
$10,000
Total Workyears
0.0
0.0
2.9
2.9
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50112 of DWWIA authorizes a new competitive Advanced Drinking Water Technology
grant program. Eligible water systems must be smaller than 100,000 people served or must have
inadequate drinking water systems and must be interested to identify and deploy new or emerging
technologies (including cybersecurity).
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
862
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$10,000.0 / +2.9 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $464.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50112.
863
-------
Wastewater Efficiency Grant Pilot Program
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 211,1)1)1)
S20.000
Total Budget Authority
$0
$0
$20,000
$20,000
Total Workyears
0.0
0.0
4.0
4.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50202 of DWWIA authorizes EPA to create a Wastewater Efficiency Grant Program that
awards grants to owners or operators of publicly owned treatment works to carry out projects that
create or improve waste-to-energy systems.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
864
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$20,000.0 / +4.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $640.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50202.
865
-------
Clean Water Infrastructure Resiliency and Sustainabilitv Program
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 25.000
S 25.000
Total Budget Authority
$0
$0
$25,000
$25,000
Total Workyears
0.0
0.0
5.0
5.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50205 of DWWIA authorizes EPA to provide grants to municipality or an intermunicipal,
interstate, or state agency for planning, designing, or constructing projects that increase the
resilience of publicly owned treatment works to natural hazards or cybersecurity vulnerabilities.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
866
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$25,000.0 / +5.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $800.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50205.
867
-------
Small and Medium Publicly Owned Treatment Works Circuit Rider Program
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 10.000
si turn
Total Budget Authority
$0
$0
$10,000
$10,000
Total Workyears
0.0
0.0
1.0
1.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50206 of DWWIA authorizes EPA to provide grants to qualified nonprofits to assist
owners and operators of small and medium publicly owned treatment works. Grants will prioritize
nonprofits that service communities that are overburdened or underserved.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
868
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$10,000.0 / +1.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $160.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50206.
869
-------
Grants for Low and Moderate income Household Decentralized Wastewater Systems
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 50.000
S 50.000
Total Budget Authority
$0
$0
$50,000
$50,000
Total Workyears
0.0
0.0
10.0
10.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50208 of DWWIA authorizes EPA to provide grants to nonprofits that provide assistance
to low- and moderate-income individuals for the construction, repair, or replacement of an
individual household decentralized wastewater treatment system; or the installation of a larger
decentralized wastewater system designed to provide treatment for two or more households.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
870
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$50,000.0 / +10.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $1.6 million for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50208.
871
-------
Connection to Publicly Owned Treatment Works
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S-10.000
S-10.000
Total Budget Authority
$0
$0
$40,000
$40,000
Total Workyears
0.0
0.0
9.0
9.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50209 of DWWIA authorizes EPA to provide grants to publicly owned treatment works
or nonprofits that assist individuals with the costs of connecting their household to a publicly
owned treatment work.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
872
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$40,000.0 / +9.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $1.44 million for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50209.
873
-------
Stormwater Infrastructure Technology
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 5,1)1)1)
S 5,000
Total Budget Authority
$0
$0
$5,000
$5,000
Total Workyears
0.0
0.0
1.0
1.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50217(b) of DWWIA authorizes EPA to establish a competitive grant program aimed at
creating between three and five centers of excellence for new and emerging stormwater control
infrastructure technologies.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
874
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$5,000.0 / +1.0 FTE) This program change is an increase that will fully fund the creation
of the new grant program under DWWIA at the authorized level. This investment also will
fund the administrative cost associated with running this new grant program. This includes
$160.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50217(b).
875
-------
Stormwater Control Infrastructure Project Grants
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 10.000
si turn
Total Budget Authority
$0
$0
$10,000
$10,000
Total Workyears
0.0
0.0
1.0
1.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50217(c) of DWWIA authorizes EPA to establish a competitive grant program for
stormwater control infrastructure projects that incorporate new and emerging stormwater control
technologies.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
876
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$10,000.0 / +1.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $160.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50217(c).
877
-------
Alternative Water Sources Grants Pilot Program
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 25.000
S 25.000
Total Budget Authority
$0
$0
$25,000
$25,000
Total Workyears
0.0
0.0
4.0
4.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50203 of DWWIA authorizes EPA to provide grants to a water authority in the area of a
state that is experiencing critical water supply needs, and may be used for engineering, design,
construction, and final testing of alternative water source projects to meet critical water supply
needs.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
Performance Measure Targets:
EPA's FY 2023 Annual Performance Plan does not include annual performance goals specific to
this program.
878
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$25,000.0 / +4.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $640.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50203.
879
-------
Enhanced Aquifer Use and Recharge
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 5,1)1)1)
S 5,000
Total Budget Authority
$0
$0
$5,000
$5,000
Total Workyears
0.0
0.0
1.3
1.3
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50222 of DWWIA authorizes EPA to provide grants to carry out groundwater research of
enhanced aquifer use and recharge in support of sole-source aquifers.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
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):
• (+$5,000.0 / +1.3 FTE) This program change is an increase that will fully fund the creation
of the new grant program under DWWIA at the authorized level. This investment also will
fund the administrative cost associated with running this new grant program. This includes
$208.0 thousand for payroll costs.
880
-------
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50222.
881
-------
Water Sector Cvbersecuritv
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 25.000
S 25.000
Total Budget Authority
$0
$0
$25,000
$25,000
Program Project Description:
Cybersecurity represents a substantial concern for the water sector, given the prevalence of state-
sponsored and other malevolent attacks on the sector as well as the sector's inherent vulnerability
and limited technical capacity to address cyber issues. The Nation's drinking water and wastewater
systems possess limited or no technical capacity to address cybersecurity risks. This competitive
grant will help systems establish and build the necessary cybersecurity infrastructure to address
rising threats. The Program also will support the Agency's Infrastructure Investment and Jobs Act
implementation priorities including preparing for and responding to cybersecurity challenges so
that water systems are more resilient.
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, EPA is requesting $25 million for a new competitive Water Sector Cybersecurity
Grant Program. This Program will provide grants for cybersecurity improvements to drinking
water and wastewater systems. Specifically, grant money will be available to develop and
implement programs to proactively mitigate the risk of cybersecurity attacks on drinking water
and/or wastewater systems. This grant program would complement potential implementation of
proposed amendments to the Safe Drinking Water Act (SDWA) requiring cybersecurity analysis
and changes.
It is expected that eligible entities will include water systems serving small, medium, and large
communities. Receiving grants could be contingent upon completion of an approved cybersecurity
assessment. An approved cybersecurity assessment may include an EPA cybersecurity assessment
or a Cybersecurity and Infrastructure Security Agency (CISA) assessment. This grant will
complement cybersecurity work already underway at EPA.
882
-------
Performance Measure Targets:
Work under this program supports Safe Drinking Water Act implementation and compliance
performance results in the Drinking Water Programs under the EPM appropriation to support safe
drinking water for the Nation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$25,000.0) This program change establishes a new competitive grant program to advance
cybersecurity infrastructure capacity and protections within the water sector.
Statutory Authority:
Safe Drinking Water Act.
883
-------
Clean Water Act Research, Investigations, Training, and Information
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S -5.000
S "5.000
Total Budget Authority
$0
$0
$75,000
$75,000
Total Workyears
0.0
0.0
15.0
15.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50201 of DWWIA amends the CWA grant program regarding Research, Investigations,
Training, and Information. This program authorizes grants to state water pollution control
agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations,
and individuals to conduct and promote the coordination and acceleration of research,
investigations, experiments, training, demonstrations, surveys, and studies relating to the causes,
effects, extent, prevention, reduction, and elimination of pollution. It also allows for grants to
nonprofit organizations in order to provide technical and financial assistance to rural, small, and
tribal communities for project planning; assist treatment systems to protect water quality; and
provide information to these organizations regarding planning, design, construction, and operation
of publicly owned treatment works and decentralized wastewater treatment systems.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
884
-------
Performance Measure Targets:
Work under this program supports performance results in the Surface Water Protection Program
under the EPM appropriation.
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$75,000.0 / +15.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
also will fund the administrative cost associated with running this new grant program. This
includes $2.4 million for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50201.
885
-------
Water Data Sharing Pilot Program
Program Area: State and Tribal Assistance Grants (STAG)
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
Si tile anil Tribal Assistance (iranls
S 0
SO
S 15,1)1)1)
SI 5.1)1)1)
Total Budget Authority
$0
$0
$15,000
$15,000
Total Workyears
0.0
0.0
2.0
2.0
Program Project Description:
The Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) was enacted to help
address numerous drinking water and wastewater issues across the country. Implementation of the
Act will strengthen the federal government's ability to invest in water infrastructure in
communities in every state, so that all Americans can continue to have access to safe drinking
water and our Nation's waterways can remain clean and free from pollution. DWWIA strengthens
many existing programs within EPA while creating new programs to upgrade aging infrastructure,
address the threat of climate change, invest in new technologies, and provide assistance to
underserved communities.
Section 50213 of DWWIA authorizes EPA to establish a competitive grant pilot program to build
systems that improve the sharing of information concerning water quality, water infrastructure
needs, and water technology (including cybersecurity) between states or among units of local
government.
FY 2023 Activities and Performance Plan:
Funds are requested in FY 2023 to create this new grant program at EPA.
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.
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):
• (+$15,000.0 / +2.0 FTE) This program change is an increase that will fully fund the
creation of the new grant program under DWWIA at the authorized level. This investment
886
-------
also will fund the administrative cost associated with running this new grant program. This
includes $320.0 thousand for payroll costs.
Statutory Authority:
Drinking Water and Wastewater Infrastructure Act, P.L. 117-58, Section 50213.
887
-------
888
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Water Infrastructure Finance and Innovation Fund
Program Projects in WIFIA 891
Water Quality Protection 892
Water Infrastructure Finance and Innovation 893
889
-------
890
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: Water Infrastructure Finance and Innovation Fund
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
Water Infrastructure Finance and
Innovation Fund
Budget Authority
$79,800
$65,000
$80,344
$15,344
Total Workyears
32.8
28.4
40.0
11.6
Bill Language: Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water
Infrastructure Finance and Innovation Act of 2014, $72,108,000, to remain available until
expended: Provided, That such costs, including the cost of modifying Such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:Provided further, That these funds are
available to subsidize gross obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized interest, any part of which is to
be guaranteed, not to exceed $12,500,000,000: Providedfurther, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of direct loans andfor the cost of
guaranteed loans for projects described in section 5026(9) of the Water Infrastructure Finance
and Innovation Act of 2014 to State infrastructure financing authorities, as authorized by section
5033(e) of such Act:Provided further, That the use of direct loans or loan guarantee authority
under this heading for direct loans or commitments to guarantee loans for any project shall be in
accordance with the criteria published in the Federal Register on June 30, 2020 (85FR39189)
pursuant to the fourth proviso under the heading "Water Infrastructure Finance and Innovation
Program Account" in division D of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94): Provided further, That none of the direct loans or loan guarantee authority made
available under this heading shall be available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified in advance in writing that the
direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in
the previous proviso: Provided further, That, for the purposes of carrying out the Congressional
Budget Act of 1974, the Director of the Congressional Budget Office may request, and the
Administrator shall promptly provide, documentation and information relating to a project
identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding
Availability for applications for credit assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project that was initiated or completed before
the date of enactment of this Act.
891
-------
In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water
Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain
available until expended.
In addition, for administrative expenses to carry out the direct and guaranteed loan programs,
notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014,
$8,236,000, to remain available until September 30, 2024.
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 WIFIA
[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
Ensure Clean Water
Water Infrastructure Finance and
Innovation
$79,800
$65,000
$80,344
$15,344
TOTAL WIFIA
$79,800
$65,000
$80,344
$15,344
892
-------
Water Quality Protection
893
-------
Water Infrastructure Finance and Innovation
Program Area: Ensure Clean 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
FY 2023
President's
Budget
FY 2023 President's
Budget v.
FY 2022 Annualized
CR
II ulcr Iii/ru.\lrnctnn• i'immce anil
Innovation I'unil
s -
-------
The WIFIA Program provides flexible terms for credit assistance and low interest rates which
stimulate investment while minimizing costs for ratepayers. Terms include the option to capitalize
interest, backload repayment, and methods that preserve senior debt capacity.
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.
The FY 2023 request builds on the Program's success accelerating water infrastructure investment
and enables the program to continue to offer support for small, overburdened, and underserved
communities. The requested $80 million— including $72 million in credit subsidy, will enable EPA
to provide up to $8 billion in direct credit assistance, which when combined with other funding
sources could help sustain over $16 billion in total infrastructure investment.
Of the total $80 million request to implement the program, $8 million is for EPA's management
and operation administrative expenses, including contract support and associated program payroll.
The requested funding level, coupled with the fee expenditure authority, allows EPA to undertake
the independent aspects of loan intake and origination; project technical evaluation, including
credit review, engineering feasibility review, and loan term negotiation; risk management;
portfolio management and surveillance; and loan servicing.
The FY 2023 budget request also includes authority to use fee revenue as outlined in the Water
Resources Reform and Development Act, Sections 5029(a), 5030 (b), and 5030(c).728 Fee revenue
is for the cost of contracting with expert services such as financial advisory, legal advisory, and
engineering firms. The fee expenditure authority for the Program is in addition to the $8 million
request for management and operations administrative expenses.
Sufficient management and operation funding levels allow the credit subsidy to finance a high
level of infrastructure investment. High quality underwriting and technical reviews allow EPA to
properly mitigate risk, which in turn allows the credit subsidy to support a greater number of
projects. Additionally, high quality portfolio monitoring, and management is critical to ensuring
the Program's long-term solvency. These activities will help work toward meeting targets as part
of the Justice40 pilot program.
Performance Measure Targets:
(PMINFRA-01) Billions of non-federal dollars leveraged by EPA's water
infrastructure finance programs (CWSRF, DWSRF and WIFIA).
FY 2022
Target
FY 2023
Target
9
9
728For more information see EPA Fee Rule: https://www.federatregister.gov/documents/2017/06/28/2017-13438/fees-for-water-
infra struc ture-proj ec t-applica tions-under-wifia
895
-------
FY 2023 Change from FY 2022 Annualized Continuing Resolution (Dollars in Thousands):
• (+$298.0) 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.
• (+$2,438.0 / +11.6 FTE) This program change is an increase to support operational
administrative resources needed to maintain the program's pace and quality of service to
its borrowers. This investment includes $2.12 million in payroll.
• (+$12,608.0) This increase in credit subsidy resources reflects the growing demand for
WIFIA loans from communities.
Statutory Authority:
Water Infrastructure Finance and Innovation Act of 2014.
896
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Hazardous Waste Electronic Manifest System Fund
Program Projects in e-Manifest 899
Resource Conservation and Recovery Act (RCRA) 900
RCRA: Waste Management 901
897
-------
898
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
APPROPRIATION: Hazardous Waste Electronic Manifest System Fund
Resource Summary Table
(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
Hazardous Waste Electronic Manifest
System Fund
Budget Authority
$21,652
$0
$0
$0
Total Workyears
11.7
11.0
11.0
0.0
Bill Language: E-Manifest
The Administrator of the Environmental Protection Agency is authorized to collect and obligate
fees in accordance with section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal
year 2023, to remain available until expended.
Note. — This language is proposed under the FY 2023 Administrative Provisions.
Program Projects in e-Manifest
(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
Resource Conservation and Recovery Act
(RCRA)
RCRA: Waste Management
$21,498
$0
$0
$0
Operations and Administration
Central Planning, Budgeting, and
Finance
$154
$0
$0
$0
TOTAL e-Manifest
$21,652
$0
$0
$0
899
-------
Resource Conservation and Recovery Act (RCRA)
900
-------
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
rn\ ii\
-------
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 operate the e-Manifest system and will collect and deposit user fees into the
Hazardous Waste Electronic Manifest System Fund (approximately $26.6 million is anticipated).
The authority to collect and spend fees requires authorization from Congress in annual
appropriations bills.
In FY 2023, EPA plans to perform the following key activities:
• Continue to implement and enhance electronic signature methods that will ease the
logistical burdens of adopting greater use of the electronic and image plus data submission
methods.
• Work with individual generators and generator-associated groups to increase their
registration and use of the e-Manifest system, which will allow for greater fully electronic
adoption.
• Continue analysis of the application of e-Manifest for exports and TSCA requirements to
leverage greater use of e-Manifest and achieve efficiencies.
• Continue regular outreach with users and stakeholders to identify new ways to improve the
e-Manifest system. This includes regular webinars and targeted demonstrations on how to
use the e-Manifest system.
• Operate appropriate accounting and financial reporting interfaces needed to collect and
manage user fees, adjust fees as appropriate, and comply with the auditing requirements of
the Hazardous Waste Electronic Manifest Establishment Act.
• Hold periodic meetings of the e-Manifest Advisory Board, consisting of state and industry
stakeholders and Information Technology experts, to provide input on system operation
and implementation of the user fee regulation.
• Develop and enhance the e-Manifest system software to expand developmental
capabilities, increase ease of use, and improve program efficiencies.
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.
902
-------
Statutory Authority:
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA)
and the Hazardous Waste Electronic Manifest Establishment Act.
903
-------
904
-------
Environmental Protection Agency
2023 Annual Performance Plan and Congressional Justification
Table of Contents - FY 2023 Performance Measures
GOAL 1: TACKLE THE CLIMATE CRISIS 907
GOAL 2: TAKE DECISIVE ACTION TO ADVANCE ENVIRONMENTAL JUSTICE
AND CIVIL RIGHTS 912
GOAL 3: ENFORCE ENVIRONMENTAL LAWS AND ENSURE COMPLIANCE 919
GOAL 4: ENSURE CLEAN AND HEALTHY AIR FOR ALL COMMUNITIES 921
GOAL 5: ENSURE CLEAN AND SAFE WATER FOR ALL COMMUNITIES 924
GOAL 6: SAFEGUARD AND REVITALIZE COMMUNITIES 928
GOAL 7: ENSURE SAFETY OF CHEMICALS FOR PEOPLE AND THE
ENVIRONMENT 933
CROSS-AGENCY STRATEGIES 938
Strategy 1: Ensure Scientific Integrity and Science-Based Decision Making 938
Strategy 2: Consider the Health of Children at All Life Stages and Other Vulnerable
Populations 939
Strategy 3: Advance EPA's Organizational Excellence and Workforce Equity 940
Strategy 4: Strengthen Tribal, State, and Local Partnerships and Enhance Engagement
944
905
-------
906
-------
FY 2023 Performance Measures
GOAL 1: TACKLE THE CLIMATE CRISIS—Cut pollution that causes climate change and increase the adaptive capacity
of Tribes, states, territories, and communities.
Objective 1.1: Reduce Emissions that Cause Climate Change—Aggressively reduce the emissions of greenhouse gases from all sectors while
increasing energy and resource efficiency and the use of renewable energy.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM HFC) Remaining U.S. consumption of hydrofluorocarbons (HFCs).
273.5
273.5
MMTC02e
Below
Target
Metric Details: This measure tracks U.S. consumption of HFCs in million metric tons of carbon dioxide equivalent (MMTCChe). HFCs are potent
greenhouse gases, many of which have global warming potentials hundreds to thousands of times that of carbon dioxide. The American Innovation
and Manufacturing (AIM) Act provides EPA the domestic authority to phase down production and consumption of HFCs. HFCs are commonly
used in many sectors of the economy, including in refrigeration and air conditioning, aerosols, solvents, fire suppression, and as foam blowing
agents. The AIM Act provides the legal framework to phase down HFC production and consumption consistent with the Kigali Amendment to the
Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol). Phasing down HFCs globally is expected to avoid up to 0.5°
Celsius of global warming by 2100. The baseline is 303.9 tons of MMTC02e.
Long-Term Performance Goal: By September 30, 2026, promulgate final rules to reduce greenhouse gas (GHG) emissions from light duty,
medium-duty, and heavy-duty vehicles; electric utility generating units; and the oil and gas industry.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM RUL) Number of final rules issued that will reduce GHG emissions from light
duty, medium-duty, and heavy-duty vehicles; electric utility generating units; and the
oil and gas industry.
No Target
Established
No Target
Established
Rules
Above
Target
Metric Details: This measure tracks the number of final rules that will reduce GHG emissions publishec
emissions that cause climate change through regulations on GHG emissions including carbon dioxide (C
duty, and heavy-duty vehicles; electric utility generating units; and the oil and gas industry.
in the Federal Register. EPA will reduce
"O2) and methane from light duty, medium-
907
-------
Long-Term Performance Goal: By September 30, 2026, EPA's climate partnership programs will reduce expected annual greenhouse gas (GHG)
emissions by 545 million metric tons of carbon dioxide equivalent (MMTCChe). EPA's climate partnership programs reduced 518.6 MMTCChe of
annual GHG emissions in 2019.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM CPP) Million metric tons of carbon dioxide equivalent reduced annually by
EPA's climate partnership programs.
486.9
500.7
MMTC02e
Above
Target
Metric Details: This measure tracks GHG reductions from EPA's climate partnership programs. The programs included are: ENERGY STAR
products and homes program, buildings program, and industrial program; Green Power Partnership; AgSTAR Program; Coalbed Methane
Outreach Program; Landfill Methane Outreach Program; Natural Gas STAR / Methane Challenge Programs; SF6 Emission Reduction Partnerships
for Electric Power Systems; Responsible Appliance Disposal; GreenChill; and SmartWay. These programs work hand-in-hand with the private
sector and others to achieve more than would be possible through federal regulations alone. These programs seek out and overcome market
barriers, drive policy at the state and local level, and capture and channel marketplace ingenuity towards climate action. EPA's partnership
programs avoided 518.6 MMTC02e in 2019. For more information on U.S. GHG emissions, see: https://www.epa.gov/ghgemissions/inventory-us-
greenhouse-gas-emissions-and-sinks.
Other Core Work
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM CRT) Number of certificates of conformity issued that demonstrate that the
respective engine, vehicle, equipment, component, or system conforms to all applicable
emission requirements and may be entered into commerce.
4,700
4,700
Certificates
Above
Target
Metric Details: This measure tracks the number of certificates of conformity issued in a given year. The Clean Air Act (CAA) requires that
engines, vehicles, equipment, components, or systems receive a certificate of conformity which demonstrates compliance with the applicable
requirements prior to introduction to U.S. commerce. EPA reviews all submitted requests and issues certificates of conformity when the
manufacturer demonstrates compliance with all applicable requirements. This measure illustrates EPA's annual certification workload. The number
of certification requests is determined by the product planning of manufacturers and will fluctuate from year to year. EPA strives to issue vehicle
and engine certificates of conformity in a timely manner and in pace with the numbers of requests received.
(PM REP) Percentage of Annual Greenhouse Gas Emission Reports verified by EPA
before publication.
98
98
Percent
Above
Target
Metric Details: The Greenhouse Gas Reporting Program, established in 2009, has 41 sectors that account for more than 8,100 reports summarizing
annual GHG emissions and supply. Both facilities and suppliers are required to report their data annually by March 31st. After submission of the
data, EPA conducts a verification review that lasts approximately 150 days and includes a combination of electronic checks, staff review, and
908
-------
follow-up with facilities to identify potential reporting errors that are corrected before publication. The 150-day period includes 60 days for EPA to
review reports and identify potential data quality issues, 75 days for reporters to resolve these issues, and 15 days for EPA to review responses or
resubmitted reports. EPA typically publishes the data by early October each year (see: www.epa.gov/ghgreporting). This data supports federal and
state-level policy development and allows EPA to share GHG emissions and supply data with industry stakeholders, state and local governments,
academia, the research community, and the public in general.
(PM RD3) Percentage of ORD climate-related research products meeting partner
needs.
93
94
Percent
Above
Target
Metric Details: Partner satisfaction is evaluated through a robust survey process. The annual survey engages key users of EPA Office of Research
and Development (ORD) products. Survey respondents evaluate the scientific rigor of research products (quality), product relevance (usability),
and timeliness of product delivery. This measure will evaluate a subset of ORD's research products specifically related to climate.
Objective 1.2: Accelerate Resilience and Adaptation to Climate Change Impacts—Deliver targeted assistance to increase the resilience of
Tribes, states, territories, and communities to the impacts o f climate change.
Long-Term Performance Goal: By September 30, 2026, implement all priority actions in EPA's Climate Adaptation Action Plan and the 20
National Program and Regional Climate Adaptation Implementation Plans to account for the impacts of the changing climate on human health and
the environment.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM AD07) Number of priority actions completed in EPA's Climate Adaptation
Action Plan and Program and Regional Implementation Plans.
100
100
Priority
Actions
Above
Target
Metric Details: This measure tracks the number of priority actions implemented in support of EPA's October 2021 Climate Adaptation Action Plan
through the 20 Program and Regional Implementation Plans. The Plan commits EPA to five Priority Actions per year by each of EPA's 10 national
program offices and 10 regional offices. EPA will publish a report annually to share completed actions, accomplishments, and challenges. EPA
expects 100 actions per year for a total of 500 actions by FY 2026. The Implementation Plans identify EPA's specific Priority Actions to: 1)
integrate climate adaptation planning into EPA programs, policies and rulemaking processes; 2) consult and partner with tribes, states, territories,
local governments, environmental justice organizations, community groups, businesses and other federal agencies to strengthen adaptive capacity
and increase the resilience of the nation, with a particular focus on advancing environmental justice; 3) implement measures to protect the
Agency's workforce, facilities, critical infrastructure, supply chains and procurement processes from the risks posed by climate change; and 4)
modernize EPA financial assistance programs to encourage climate-resilient investments across the nation.
(PM AD08) Number of EPA national program offices that have developed adaptation
training for programs and staff.
10
Program
Offices
Above
Target
Metric Details: This measure tracks the development of training by EPA's national program offices on how current and future climate impacts
should be considered in specific program activities, such as direct program implementation, regulation development, permitting, inspections,
enforcement, partnerships, research, grants, loans, and technical assistance. EPA currently has a training developed for new employees. Offices
909
-------
with existing training will update their materials in 2022 and offices without existing training will create them for FY 2023. Ten total trainings
reflect nine national program office trainings plus one general climate adaptation training offered by Office of Policy.
Long-Term Performance Goal: By September 30, 2026, assist at least 400 federally recognized Tribes to take action to anticipate, prepare for,
adapt to, or recover from the impacts of climate change.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
100
150
Tribes
Above
Target
Metric Details: This measure tracks the cumulative number of federally recognized tribes EPA provides with financial assistance, technical
assistance, or training that then take action to anticipate, prepare for, adapt to, or recover from the impacts of climate change starting in FY 2022.
Actions may include but are not limited to: developing a climate adaptation plan; identifying potential impacts; assessing vulnerability; planning;
applying for additional funding; adoption of adaptation measures such as green infrastructure; improved coordination with other key organizations
(e.g., a state or federal partner); estimation of financial impacts; or more effective remedy selection in a hazardous waste cleanup program.
Long-Term Performance Goal: By September 30, 2026, assist at least 450 states, territories, local governments, and communities, especially
communities that are underserved and disproportionately at risk from climate change, to take action to anticipate, prepare for, adapt to, or recover
from the impacts of climate change.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
250
300
Partners
Above
Target
Metric Details: This measure tracks the cumulative number of states, territories, local governments, and communities EPA provides with financial
assistance, technical assistance, or training that then take action to anticipate, prepare for, adapt to, or recover from the impacts of climate change
starting in FY 2022. Actions may include but are not limited to: developing a climate adaptation plan; identifying potential impacts; assessing
vulnerability; planning; applying for additional funding; adoption of adaptation measures such as green infrastructure; improved coordination with
other key organizations (e.g., a state or federal partner); estimation of financial impacts; or more effective remedy selection in a hazardous waste
cleanup program.
(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.
Versions
Above
Target
Metric Details: This measure tracks the development of ARC-X or similar systems developed by universities to support tribal, state, regional,
and/or territorial partners. A system has been developed when it is published by the university. These systems support locally specific climate
910
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adaptation information and include local examples and case studies. The information provided in these resource centers will help communities
understand and prepare for the impacts of climate change. In addition, regional or local systems may expand resources to encompass the full
breadth of climate adaptation issues, even those beyond EPA's mission. These systems will eventually create a learning network of information
that is accessible to communities of a variety of sizes and capabilities across the country, especially those with environmental justice concerns.
ARC-X is an interactive EPA online resource designed to help local government officials in communities across the United States anticipate,
prepare for, adapt to, and recover from the impacts of climate change. It also is a portal to all EPA tools and resources on climate adaptation. ARC-
X provides users with an integrated package of information tailored specifically to their needs, based on where they live and the issues of concern
to them. The system is available at: https://www.epa.gov/arc-x.
(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.
No Target
Established
No Target
Established
Hours
N/A
Metric Details: This measure tracks EPA contributions to supporting local communities' efforts to rebuild in a manner that increases community
resiliency and adaptive capacity as they recover from federally declared disasters. This does not include clean-up or immediate response activities,
but rather supports communities to build back in ways that help anticipate, prepare for, and adapt to climate change. There are no targets for this
measure as the number of federal declared disasters where EPA assistance is requested varies by year.
Objective 1.3: Advance International and Subnational Climate Efforts—Collaborate with Tribal, state, local, and international partners and
provide leadership on the global stage to address climate change.
Long-Term Performance Goal: By September 30, 2026, implement 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.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
10
Engage-
ments
Above
Target
Metric Details: This measure tracks the number of senior level EPA international actions implemented annually that result in the provision of tools
that when utilized by partners can result in equitable GHG emissions reductions, adaptation to climate change, or improvements in resilience.
Climate change is a global issue that has far-reaching human health, social, economic, and biodiversity impacts on our planet, with direct adverse
effects in the United States. EPA represents the U.S. Government in climate-related multilateral meetings and treaty negotiations, such as Montreal
Protocol, UNFCCC, G7 and G20 Environment Ministers meetings. EPA also works directly with other countries and stakeholders through bilateral
agreements and work plans to share technical expertise, implement capacity building, and help countries address their climate gaps.
911
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Other Core Work
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
3
10
Actions
Above
Target
Metric Details: This measure tracks EPA actions to provide tools and capacity building activities that when utilized by partners can result in
improved water quality, solid waste management and air quality. These include actions to address climate change and advance emergency response
efforts along the two thousand mile border between the United States and Mexico.
GOAL 2: TAKE DECISIVE ACTION TO ADVANCE ENVIRONMENTAL JUSTICE AND CIVIL RIGHTS—Achieve
tangible progress for historically overburdened and underserved communities and ensure the fair treatment and
meaningful involvement of all people regardless of race, color, national origin, or income in developing and implementing
environmental laws, regulations, and policies.
Objective 2.1: Promote Environmental Justice and Civil Rights at the Federal, Tribal, State and Local Levels—
capacity of underserved and overburdened communities to protect human health and the environment.
Empower and build
Long-Term Performance Goal: By September 30, 2026, all EPA programs that seek feedback and comment from the public will provide
capacity-building resources to communities with environmental justice concerns to support their ability to meaningfully engage and provide useful
feedback to those programs.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
40
Percent
Above
Target
Metric Details: This measure tracks the percentage of EPA programs providing capacity building resources (e.g., fact sheets, trainings, webinars,
dedicated technical assistance, grants) to members of communities to support their ability to provide meaningful feedback to the program during
engagement. Each program will determine how to provide this support. In FY 2022, EPA will define which programs are included and the range
of resources that qualify as capacity building. Tracking will consist of ensuring that each program provides effective support to communities.
912
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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.
75
Percent
Above
Target
Metric Details: This measure tracks the percentage of EPA programs associated with the overall Long-Term Performance Goal that provide
financial resources to organizations and individuals engaged as service providers for activities such as organizing, educating, and engaging
communities. This can be achieved through use of financial assistance instruments and/or an overall Agency procurement vehicle or vehicles
crafted by the EPA Office of Environmental Justice or each program depending upon the principal purpose of the financial transaction. As part of
our decision-making processes or other Agency work streams, EPA programs regularly rely upon the time, efforts, and expertise of community
members, leaders, and organizations for a variety of activities/inputs. EPA programs that rely on such community support will also provide
compensation to those community members/organizations for their time, efforts, and expertise just as they would if they needed the time and
expertise of a scientist or engineer. In FY 2022, EPA will work to create a menu of different possibilities for offering paid internships, will put
systems in place to track this effort, and will develop outreach materials and resources for interns.
(PM EJCR03) Percentage of environmental justice grantees whose funded projects
result in a governmental response.
No Target
Established
Percent
Above
Target
Metric Details: This measure tracks the percentage of environmental justice grantees whose EPA-funded projects result in a governmental
response (planned and/or actualized). The governmental response can range from on-the-ground response/activity to a policy change, and it may be
at the local, state, tribal, or federal level. Tracking this measure will require incorporation of expectations for reporting into grant solicitations and
agreements, and sufficient time post-award for results to materialize.
Long-Term Performance Goal: By September 30, 2026, include commitments to address disproportionate impacts in all written agreements
between EPA and Tribes and states (e.g., grant work plans) implementing delegated authorities.
Annual I'crlbrniancc Goals
I V 2022
Target
I V 2023
Target
I nits
Preferred
Direction
(PM EJCR04) Percentage of written agreements between EPA and tribes or states
implementing delegated authorities that include commitments to address
disproportionate impacts.
25
Percent
Above
Target
Metric Details: This measure tracks the percentage of formal agreements between EPA and institutions that are authorized or hold delegated
authorities that incorporate explicit terms and/or conditions for recipients to be accountable for addressing disproportionate impacts. In FY 2022,
EPA will determine the scope of written agreements to be covered (e.g., Performance Partnership Agreements, Memoranda of Understanding,
Interagency Agreements) as well as what will qualify as a commitment.
(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.
TBD
Percent
Above
Target
913
-------
Metric Details: This measure tracks the percentage of state-issued permits reviewed by EPA that are explicitly responsive to environmental justice
concerns and comply with civil rights obligations. Achievement of this measure will be pursued through the provision of clear guidance, training,
and support by EPA programs to states and other partners. In FY 2022, EPA will develop the method and tracking mechanism necessary to track
environmental justice and civil rights responsiveness in state-issued permits and what does or does not qualify for inclusion.
Long-Term Performance Goal: By September 30, 2026, EPA programs with direct implementation authority will take at least 100 significant
actions that will result in measurable improvements in Indian country.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM E21) Number of significant actions taken by EPA programs with direct
implementation authority that will result in measurable improvements in Indian
country.
No Target
Established
25
Significant
Actions
Above
Target
Metric Details: This measure tracks number of significant actions by EPA direct implementation programs that will assist EPA in meeting federal
trust responsibilities and provide for equitable program implementation in Indian country. Significant actions are those actions taken on an
annualized basis by an EPA program to achieve four significant direct implementation program priorities: training on direct implementation for
EPA staff; contributing to an Agency direct implementation report identifying barriers and making recommendations; making EPA direct
implementation federal facility and entity data available on EPA's environmental justice mapping and screening tool EJScreen; and identifying
actions taken to improve EPA direct implementation and progress made to remove direct implementation barriers.
Long-Term Performance Goal: By September 30, 2026, all state recipients of EPA financial assistance will have foundational civil rights
programs in place.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM EJCR06) Percentage of elements completed by state recipients of EPA financial
assistance toward having foundational civil rights programs in place.
20
40
Percent
Above
Target
Metric Details: This measure tracks state adoption of foundational civil rights programs, calculated as t
Nondiscrimination Process Points" identified in EPA's Checklist for Nondiscrimination Program techni
ChttDs://www.eDa.sov/sites/default/files/2020-02/documents/Drocedural safeguards checklist for redo
le percentage of 12 "Critical
cal assistance document
ients 2020.01.Ddf) met in the
aggregate by
y the 12
recipients at
n regulation,
state recipients of EPA financial assistance (the denominator is the number of state recipients of EPA financial assistance multiplied b
process points). EPA provides guidance, tools, training, and enhanced civil rights enforcement to encourage EPA financial assistance
the state agency level to implement foundational nondiscrimination programs, as required by federal law and EPA's nondiscriminatio
to ensure civil rights compliance and facilitate meaningful access for communities to state recipients' programs and activities.
(PM EJCR07) Percentage of EPA national program and regional offices that extend
paid internships, fellowships, or clerkships to college students from diverse
backgrounds.
50
Percent
Above
Target
914
-------
Metric Details: This measure tracks the percentage of EPA national programs and regions that have dedicated funding and developed a pathway or
used an agencywide pathway to bring college students into the Agency on paid internships, fellowships, or clerkships. Special emphasis will be
placed on recruitment from the nation's Historically Black Colleges and Universities, Minority Serving Institutions, and Tribal and Indigenous
educational institutions.
Long-Term Performance Goal: By September 30, 2026, increase by 40% the number of Office of Research and Development (ORD) activities
related to environmental justice that involve or are applicable to Tribes, states, territories local governments, and communities.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM RD2) Number of ORD activities related to environmental justice that involve or
are designed to be applicable to tribes, states, territories, local governments, and
communities.
No Target
Established
TBD
Activities
Above
Target
Metric Details: This measure tracks the number of ORD activities that involved communities or are designed to be applicable to tribes, states,
territories, local governments, and communities with environmental justice concerns. ORD activities are funded or conducted by ORD. An
activity is considered to involve a tribe, state, territory, local government, or community if ORD engages with or consults the affected entity (or
entities) on the specific activity. An activity is considered to be applicable to a tribe, state, territory, local government, or community if the activity
may be used by the entity (or entities) for the benefit of a community (or communities) with environmental justice concerns. The baseline and FY
2023 target will be established in FY 2022.
(PM RD4) Percentage of ORD environmental justice-related research products
meeting partner needs.
93
94
Percent
Above
Target
Metric Details: Partner satisfaction is evaluated through a robust survey process. The annual survey engages key users of ORD products. Survey
respondents evaluate the scientific rigor of research products (quality), product relevance (usability), and timeliness of product delivery. This
measure will evaluate a subset of ORD's research products specifically related to environmental justice.
Objective 2.2: Embed Environmental Justice and Civil Rights into EPA's Programs, Policies, and Activities—Integrate environmental
justice and civil rights in all the Agency's work to maximize benefits and minimize impacts to underserved and overburdened communities.
Long-Term Performance Goal: By September 30, 2026, reduce disparities in environmental and public health conditions represented by the
indicators identified through the FY 2022-2023 Agency Priority Goal.
Annual Performance Goal
For FY 2022 and FY 2023, progress on this Long-Term Performance Goal will be tracked under 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."
Long-Term Performance Goal: By September 30, 2026, 80% of significant EPA actions with environmental justice implications will clearly
demonstrate how the action is responsive to environmental justice concerns and reduces or addresses disproportionate impacts.
915
-------
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM EJCR08) Percentage of significant EPA actions with environmental justice
implications that respond to environmental justice concerns and reduce or address
disproportionate impacts.
40
Percent
Above
Target
Metric Details: This measure tracks the percentage of significant EPA actions with environmental justice implications that respond to
environmental justice concerns and reduce or address disproportionate impacts. In FY 2022, EPA will establish: 1) the definition and scope of
"significant actions with environmental justice implications" (e.g., rules and permits issued by EPA) and 2) what qualifies as "responsiveness to
environmental justice" within the action (e.g., linkages to results of environmental justice analyses, feedback from engagement, National
Environmental Justice Advisory Committee (NEJAC) recommendations, performance of equity screens). These definitions will be accompanied by
establishment of a tracking system and expectations.
(PM E JCR09) Percentage of programs that have developed clear guidance on the use
of justice and equity screening tools.
100
Percent
Above
Target
Metric Details: This measure tracks the percentage of EPA programs that have developed written guidance on how their programs use
environmental justice screening tools. Guidance will be explicitly for use by staff of that program - in headquarters offices and related regional
divisions - and be made available publicly for awareness and implementation by regulatory partners. In FY 2022, EPA will be to determine the
universe of programs and what qualifies as "written guidance."
Long-Term Performance Goal: By September 30, 2026, all EPA programs that work in and with communities will 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.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
TBD
Percent
Above
Target
Metric Details: This measure tracks the percentage of EPA programs that integrate the Key Principles for Community Work (community-driven,
coordinated, and collaborative) into core functions (e.g., regulatory development, permitting, enforcement). This approach will allow EPA to
operate across programs to support projects based on community need rather than operating exclusively in programmatic silos. In FY 2022, EPA
will define the universe of programs to be included and what qualifies as working in alignment with this method. The baseline and FY 2023 target
will be established in FY 2022.
(PM EJCR11) Number of established EJ collaborative partnerships utilizing the Key
Principles for Community Work (community-driven, coordinated, and collaborative).
TBD
Partnerships
Above
Target
916
-------
Metric Details: This measure tracks the number of collaborative partnerships in communities supported and participated in by EPA utilizing the
Key Principles for Community Work (community-driven, coordinated and collaborative). In FY 2022, the Agency's Community Driven Solutions
team led by EPA's Office of Community Revitalization and Office of Environmental Justice will develop reporting criteria for the Agency on the
effectiveness in implementing the Key Principles in communities within which the Agency is working and/or supporting. The baseline and FY
2023 target will be established in FY 2022.
Long-Term Performance Goal: By September 30, 2026, all EPA programs and regions will identify and implement areas and opportunities to
integrate environmental justice considerations and achieve civil rights compliance in their planning, guidance, policy directives, monitoring, and
review activities.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
15
30
Percent
Above
Target
Metric Details: This measure tracks EPA's efforts to ensure that its national programs and regional offices are identifying opportunities to integrate
environmental justice considerations and strengthen civil rights compliance by recipients of EPA financial assistance; and then incorporating those
opportunities and areas into strategic planning, guidance, policy directives, monitoring, and review activities. These opportunities might include
regional office review of and recommendations on state permitting actions. In FY 2022, each national program and regional office will complete
the task of identifying areas and opportunities for environmental justice considerations and civil rights compliance in their planning and policy
directives.
(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.
100
Percent
Above
Target
Metric Details: This measure tracks the percentage of EPA national program and regional offices that publish clear written implementation plans
or guidance on the concrete steps necessary to fully implement FY 2022-2026 EPA Strategic Plan Goal 2 commitments to integrate environmental
justice and comply with civil rights throughout the implementation of their policies, programs, and activities. EPA program and regional offices
will work from the forthcoming Environmental Justice and External Civil Rights National Program Guidance. In FY 2022, EPA will develop
guidance for Goal 2 implementation plans.
Long-Term Performance Goal: By September 30, 2026, all EPA programs and regions will implement program and region-specific language
assistance plans.
917
-------
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM EJCR14) Percentage of EPA programs and regions that have implemented
program and region-specific language assistance plans.
30
60
Percent
Above
Target
Metric Details: This measure tracks the percentage of EPA national program and regional offices that develop and implement plans and
procedures, consistent with EPA Order 1000.32, "Compliance with Executive Order 13166: Improving Access to Services for Persons with
Limited English Proficiency." The Order outlines necessary steps the Agency will take to provide meaningful language access to persons with
limited English proficiency. Program and regional office plans and procedures will ensure that every EPA community outreach and engagement
activity considers the needs of community members with limited English proficiency and that EPA secures the language services necessary to
provide "meaningful access" to EPA programs and activities for individuals with limited English proficiency. EPA Order 1000.32 is available at:
https://www.epa.gov/sites/default/files/2017-03/documents/epa order 1000.32 compliance with executive order 13166 02.10.2017.pdf.
Long-Term Performance Goal: By September 30, 2026, all EPA programs and regions will implement program and region-specific disability
access plans.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM EJCR15) Percentage of EPA programs and regions that have implemented
program and region-specific disability access plans.
60
Percent
Above
Target
Metric Details: This measure tracks the percentage of EPA national program and regional offices that develop and implement plans and
procedures, consistent with guidance and an EPA Order to be issued in FY 2023 to ensure meaningful access to EPA programs and activities for
persons with disabilities. Program and regional office plans and procedures will ensure every EPA community outreach and engagement activity
considers the needs of persons with disabilities and that EPA provides persons with disabilities reasonable accommodations and appropriate
auxiliary aids and services where necessary so they may effectively participate in EPA program and activities.
Objective 2.3: Strengthen Civil Rights Enforcement in Communities with Environmental Justice Concerns—Strengthen enforcement of
and compliance with civil rights laws to address the legacy of pollution in overburdened communities.
Long-Term Performance Goal: By September 30, 2026, initiate 45 proactive post-award civil rights compliance reviews to address
discrimination issues in environmentally overburdened and underserved communities.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM EJCR16) Number of proactive post-award civil rights compliance reviews
initiated to address discrimination issues in environmentally overburdened and
underserved communities.
3
6
Compliance
Reviews
Above
Target
918
-------
Metric Details: This measure tracks EPA's civil rights enforcement efforts through annual affirmative civil rights compliance reviews of EPA
funding recipients targeting critical environmental health and quality of life impacts in overburdened communities. EPA did not initiate a civil
rights compliance review in FY 2021.
Long-Term Performance Goal: By September 30, 2026, complete 305 audits to ensure
nondiscrimination program procedural requirements.
EPA financial assistance recipients are complying with
Annual Performance Goal
FY 2022
FY 2023
Units
Preferred
Target
Target
Direction
(PM EJCR17) Number of audits completed to ensure EPA financial assistance
recipients are complying with federal civil rights laws.
25
75
Audits
Above
Target
Metric Details: This measure tracks post-award audits of Form 4700-4 forms to ensure EPA financial assistance recipients have in place
foundational nondiscrimination program requirements as required by federal law and EPA's nondiscrimination regulation. EPA completed no such
audits in FY 2021.
Long-Term Performance Goal: By September 30, 2026, complete 84 information sharing sessions and outreach and technical assistance events
with overburdened and underserved communities and environmental justice advocacy groups on civil rights and environmental justice issues.
Annual Performance Goal
FY 2022
FY 2023
Units
Preferred
Target
Target
Direction
(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.
8
12
Sessions
and Events
Above
Target
Metric Details: This measure tracks EPA's engagements with overburdened and underserved communities and environmental justice advocacy
groups on civil rights and environmental justice issues impacting communities with environmental justice concerns. This outreach will help the
Agency to better identify concerns and priorities for EPA's civil rights work. EPA completed five such sessions and events in FY 2021.
GOAL 3: ENFORCE ENVIRONMENTAL LAWS AND ENSURE COMPLIANCE—Improve compliance with the nation's
environmental laws and hold violators accountable.
Objective 3.1: Hold Environmental Violators and Responsible Parties Accountable—Use vigorous and targeted civil and criminal
enforcement to ensure accountability for violations and to clean up contamination.
Long-Term Performance Goal: By September 30, 2026, reduce to not more than 93 the number of open civil judicial cases more than 2.5 years
old without a complaint filed.
Annual Performance Goals
FY 2022
FY 2023
Units
Preferred
Target
Target
Direction
(PM 436) Number of open civil judicial cases more than 2.5 years old without a
complaint filed.
99
96
Cases
Below
Target
919
-------
Metric Details: This measure tracks the number of all open civil judicial cases that are more than 2.5 years old without a complaint filed, excluding
Superfund, bankruptcy, collection action, and access order cases. Through this measure, the Agency aims to reduce the amount of time from
referral of an enforcement case to the Department of Justice to its conclusion, and hence reduce the time by which violation(s) alleged in the case
are corrected. Data are tracked in the Integrated Compliance Information System (ICIS). The average time from referral to complaint for a
complaint filed between FY 2013 and FY 2017 was 2.5 years. The baseline for this measure is 129 cases that were more than 2.5 years old without
a complaint filed as of June 30, 2018.
(PM 446) Quarterly percentage of Clean Water Act National Pollutant Discharge
Elimination System (NPDES) permittees in significant noncompliance with their
permit limits.
10.1
10.1
Percent
Below
Target
Metric Details: This measure tracks the NPDES SNC/Category 1 noncompliance rate among individually permitted major and non-major (minor)
NPDES permittees. NPDES SNC/Category 1 noncompliance identifies a specific level of violation, based on duration, severity, and type of
violation, and is assessed quarterly. The numerator counts major and minor permittees that were in SNC/Category 1 noncompliance in the last
quarter of the fiscal year. The denominator includes all active individually-permitted NPDES permittees (except permittees for which there is
insufficient permit data/compliance tracking status in ICIS-NPDES for the data system to evaluate SNC status). The FY 2018 baseline of 20.3%
represents an average based on four quarters of data.
(PM 434) Millions of pounds of pollutants and waste reduced, treated, or eliminated
through concluded enforcement actions.
325
325
Millions of
Pounds
Above
Target
Metric Details: This measure combines estimated pounds of air, water, hazardous and non-hazardous waste, and toxics/pesticides pollutants
reduced, treated, or eliminated through concluded enforcement actions.
Objective 3.2: Detect Violations and Promote Compliance— Ensure high levels of compliance with federal environmental laws and
regulations through effective compliance tools — including inspections, other monitoring activities, and technical assistance supported by
evidence and advanced technologies.
Long-Term Performance Goal: By September 30, 2026, send 75% of EPA inspection reports to facilities within 70 days of inspection.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM 444) Percentage of EPA inspection reports sent to the facility within 70 days of
inspection.
75
75
Percent
Above
Target
Metric Details: This measure tracks the percentage of inspection reports completed by EPA and sent to the facility within 70 calendar days of an
inspection. Improving the timeliness of EPA inspection reports allows facilities to more quickly address compliance issues. The 75% goal
recognizes that it may not always be possible or appropriate to provide an inspection report within 70 days because of the nature and complexity of
the compliance and enforcement program.
920
-------
Long-Term Performance Goal: By September 30, 2026, conduct 55% of annual EPA inspections at facilities that affect communities with
potential environmental justice concerns.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM 450) Percentage of EPA inspections at facilities affecting communities with
potential environmental justice concerns.
45
50
Percent
Above
Target
Metric Details: This measure tracks the percentage of EPA on-site inspections conducted by credentialed EPA inspectors at facilities affecting
communities with potential environmental justice concerns. The total includes facilities with one environmental indicator triggered at the 80th
percentile at the national level (80th percentile/one index trigger) on EPA's environmental justice mapping and screening tool EJScreen, and other
areas flagged through an enhanced review by inspectors that do not meet the EJScreen trigger. The baseline for this measure is 27% based on an
average of FY 2017- FY 2019 results (pre-COVID levels).
Other Core Work
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM 409) Number of federal on-site compliance monitoring inspections and
evaluations and off-site compliance monitoring activities.
10,000
10,000
Inspections/
Evaluations
Above
Target
Metric Details: This measure tracks EPA inspections and off-site compliance monitoring activities to determine whether a facility or group of
facilities is in compliance with applicable law. The FY 2022 and 2023 targets do not take into account any COVD-19-related challenges to
performing on-site inspections.
GOAL 4: ENSURE CLEAN AND HEALTHY AIR FOR ALL COMMUNITIES—Protect human health and the
environment from the harmful effects of air pollution.
Objective 4.1: Improve Air Quality and Reduce Localized Pollution and Health Impacts—Reduce air pollution on local, regional, and
national scales to achieve healthy air quality for people and the environment.
Long-Term Performance Goal: By September 30, 2026, reduce ozone season emissions of nitrogen oxides (NOx) from electric power generation
sources by 21% from the 2019 baseline of 390,354 tons.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM NOX) Tons of ozone season NOx emissions from electric power generation
sources.
355,000
344,000
Tons
Below
Target
Metric Details: This measure tracks the ozone season NOx emissions from sources in four of EPA's nationwide and multi-state air pollution
control programs: an annual NOx trading program and two ozone season NOx trading programs operated by EPA on behalf of 27 states in the
921
-------
eastern U.S. under Title I of the Clean Air Act (CAA), as well as a national NOx emissions reduction program for the power sector operated by
EPA under Title IV of the CAA, the Acid Rain Program. NOx are precursors for fine particulate matter (PM2.5) and ground-level ozone (O3).
Researchers have associated PM2.5 and O3 exposure with adverse health effects in toxicological, clinical, and epidemiological studies. Lowering
exposure to PM2.5 and O3 contributes to significant human health benefits. The ozone season corresponds to the warm summer months when ozone
formation is highest (May 1 - September 30). Reductions in NOx emissions during the ozone season help areas attain ambient ozone standards.
Long-Term Performance Goal: By September 30, 2026, improve measured air quality in counties not meeting the current National Ambient Air
Quality Standards (NAAQS) from the 2016 baseline by 10%.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM NAAQS) Percentage of air quality improvement in counties not meeting current
NAAQS.
Percent
Above
Target
Metric Details: This measure shows progress in reducing pollutant concentrations in counties not meeting one or more current NAAQS relative to
the 2016 calculated baseline. The Clean Air Act requires EPA to set the NAAQS for six "criteria" pollutants considered harmful to public health
and the environment. These national standards form the foundation for air quality management. The measure is presented as the aggregate
percentage change in design value concentrations - a statistic that describes the air quality status of a given location relative to the NAAQS - since
the baseline year. The aggregate percentage change is weighted by the number of counties violating for each pollutant in the baseline year so more
weight is given to pollutants with more violating counties. Four criteria pollutants (ozone, PM2.5, PM10, sulfur dioxide, and lead) are part of this
measure. All counties met the NAAQS for carbon monoxide and nitrogen dioxide in 2016, so those two pollutants are not considered in this
measure.
Long-Term Performance Goal: By September 30, 2026, strive to ensure all people with low socio-economic status (SES) live in areas where the
air quality meets the current fine particle pollution (PM2.5) National Ambient Air Quality Standards (NAAQS).
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM NAAQS2) Percentage of people with low SES living in areas where the air
quality meets the PM2.5 NAAQS.
90
93
Percent
Above
Target
Metric Details: This measure tracks the percentage of people with low SES, defined as two times the poverty level, living in counties with
monitors measuring concentrations of PM2.5 that meet the 2012 annual and 2006 24-hour PM2.5 NAAQS. Long- and short-term exposures to fine
particles can harm people's health, leading to heart attacks, asthma attacks, and premature death. In the baseline period of 2006-2008, 43% of the
low SES population lived in counties that met both PM2.5 NAAQS. Changes since that time reflect the effectiveness of strategies designed to
reduce fine particle pollution.
Long-Term Performance Goal: By September 30, 2026, ensure U.S. consumption of hydrochlorofluorocarbons (HCFCs) is less than 76.2 tons
per year of ozone depletion potential.
922
-------
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM HCFC) Remaining U.S. consumption of hydrochlorofluorocarbons (HCFCs),
chemicals that deplete the Earth's protective ozone layer, in ozone depletion potential
(ODP)-weighted metric tons.
76.2
76.2
Metric Tons
Below
Target
Metric Details: This measure tracks the United States' annual consumption of HCFCs in ODP-weighted tons. Consumption means the amount of
HCFC produced, plus imports, minus exports, minus destruction, and minus amounts produced or imported for transformation. As a Party to the
Montreal Protocol, the U.S. must incrementally decrease HCFC consumption and production, culminating in a complete HCFC phaseout in 2030.
The current annual consumption cap of the U.S. for all HCFCs is 76.2 ODP-weighted metric tons, down from the 2015-2019 target of 1,520 ODP-
weighted metric tons per year.
Objective 4.2: Reduce Exposure to Radiation and Improve Indoor Air—Limit unnecessary radiation exposure and achieve healthier indoor
air quality, especially for vulnerable populations.
Long-Term Performance Goal: By September 30, 2026, prevent 2,250 lung cancer deaths annually through lower radon exposure as compared to
the FY 2020 baseline of 1,684 prevented lung cancer deaths.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM LCD) Number of lung cancer deaths prevented through lower radon exposure.
1,881
1,962
Deaths
Prevented
Above
Target
Metric Details: This measure tracks lung cancer deaths prevented annually by reducing radon exposure, calculated using estimates of the number
of homes in the U.S. with radon levels above the EPA action level of 4pCi/L (picocuries per liter) that have been mitigated and the number of new
homes that have been built with radon resistant features. Lung cancer is the leading cause of cancer death among both men and women in the
United States. Exposure to radon indoors is the second-leading cause of lung cancer in the United States. EPA estimates there are 12,000 avoidable
lung cancer deaths annually attributable to indoor radon exposure and more than seven million homes in the U.S. are at or above the EPA radon
action level.
Other Core Work
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
90
92
Percent
Above
Target
923
-------
Metric Details: This measure tracks percent readiness of EPA headquarters, laboratory and field support elements including assets and equipment,
procedures and programs, licenses and accreditations, personnel, qualifications, exercise participation, and training. Percent readiness is calculated
by the total score earned during an annual assessment of elements divided by the total points assigned to those elements.
(PM IA) Number of additional programs, annually, equipped to support the
infrastructure, delivery and sustainability of comprehensive asthma care.
1,800
2,100
Programs
Above
Target
Metric Details: This measure tracks EPA delivery of technical assistance, tools, and grant support to equip community-based programs and the
organizations that support them to deliver evidence-based, comprehensive asthma care. Twenty-four million Americans, including six million
children, have asthma. Low income and minority children suffer disproportionately. In-home environmental interventions reduce health care
utilization and improve quality of life for people with asthma.
(PM CS) Millions of demonstrably improved (field or lab tested) cookstoves sold.
50
60
Millions of
Cookstoves
Above
Target
Metric Details: This measure tracks millions of demonstrably improved cookstoves sold worldwide. More than three billion low-income people
around the world, including 600,000 low-income Americans, cook their food and/or heat their homes with open fires or rudimentary stoves. The
resulting exposure to extraordinarily high levels of indoor air pollution causes four million premature deaths worldwide, primarily among women
and girls. Emissions from household energy/cookstoves are the largest controllable source of the short-lived climate pollutant black carbon (>50%)
and cookstove emissions also include methane and carbon dioxide (CO2). EPA leads the development of cookstove standards through the
International Organization for Standardization (ISO) and works with partners to rapidly increase the sustained use of demonstrably clean and
efficient cookstoves and fuels, with approximately 48 million improved stoves sold in 2019.
GOAL 5: ENSURE CLEAN AND SAFE WATER FOR ALL COMMUNITIES—Provide clean and safe water for all
communities and protect our nation's waterbodies from degradation.
Objective 5.1: Ensure Safe Drinking Water and Reliable Water Infrastructure—Protect public health from the risk of exposure to regulated
and emerging contaminants in drinking and source waters by improving the reliability, accessibility, and resilience of the nation '.s water
infrastructure to reduce the impacts of climate change, structural deterioration, and cyber threats.
Long-Term Performance Goal: By September 30, 2026, reduce the number of community water systems still in noncompliance with health-
based standards since March 31, 2021 from 752 to 500.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM DW-02) Number of community water systems still in noncompliance with health-
based standards since March 31, 2021.
640
590
CWSs
Below
Target
Metric Details: This measure tracks the number of Community Water Systems (CWSs) still in noncompliance with the health-based National
Primary Drinking Water Regulations (Maximum Contaminant Level or treatment technique) during any part of the year, relative to the group in
noncompliance as of September 30, 2017. A CWS is a public water system that supplies water to the same population year-round. There are
924
-------
approximately 50,000 CWSs. The total includes CWSs in Indian country. As of September 30, 2021, 654 of the original 3,508 systems were still in
non-compliance with health-based standards. Data are derived from the Safe Drinking Water Information System Federal Data Warehouse
(SDWIS-FED), which contains information about violations by public water systems as reported to EPA by the primacy agencies (tribes and states
with EPA-delegated enforcement responsibility). Technical assistance provided will focus on non-compliant water systems in underserved
communities.
Long-Term Performance Goal: By September 30, 2026, reduce the number of community water systems in Indian country still in noncompliance
with health-based standards since March 31, 2021 from 110 to 70.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM DWT-02) Number of community water systems in Indian Country still in
noncompliance with health-based standards since March 31, 2021.
100
90
CWSs
Below
Target
Metric Details: This measure tracks the number of Tribal Community Water Systems still in noncompliance with the health-based National
Primary Drinking Water Regulations (Maximum Contaminant Level or treatment technique) during any part of the year, relative to the group in
non-compliance on March 31, 2021. There are approximately 730 Tribal CWSs. Data are derived from SDWIS-FED, which contains information
about violations by public water systems as reported to EPA by the primacy agencies (EPA regional offices and tribes with EPA-delegated
enforcement responsibility).
Long-Term Performance Goal: By September 30, 2026, leverage an additional $45 billion in non-federal dollars through EPA's water
infrastructure finance programs (CWSRF, DWSRF and WIFIA).
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM INFRA-01) Billions of non-federal dollars leveraged by EPA's water
infrastructure finance programs (CWSRF, DWSRF and WIFIA).
Billions of
Dollars
Above
Target
Metric Details: This measure tracks funds leveraged by the three primary water infrastructure programs: The Drinking Water State Revolving
Fund (DWSRF), the Clean Water State Revolving Fund (CWSRF), and the Water Infrastructure Finance and Innovation Act (WIFIA) Program.
These programs represent the largest federal source of funds to address this critical component of our nation's drinking water and clean water
infrastructure. Non-federal funds include loans made from recycled loan payments, bond proceeds, state match, interest earnings, and co-funding
from non-SRF sources. EPA will increase the amount of non-federal funds leveraged by providing communities with tools, training, and resources
to help plan for infrastructure improvements and identify funding opportunities. The Agency will ensure a focus on climate resiliency and equity
by revising loan guidelines and program guidance, and providing technical assistance. SRF data are tracked in the CWSRF Benefits Reporting
System and DWSRF Project Reporting System.
Long-Term Performance Goal: By September 30, 2026, in coordination with other federal agencies provide access to basic sanitation for an
additional 36,500 American Indian and Alaska Native homes.
925
-------
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM WWT-02) Number of American Indian and Alaska Native homes provided
access to basic sanitation, in coordination with other agencies.
6,098
6,098
Homes
Above
Target
Metric Details: This measure tracks American Indian and Alaska Native homes provided with wastewater treatment infrastructure through
Congressionally appropriated funds, in coordination with other agencies. To show progress towards this measure, EPA will use the number of
homes that received improved wastewater sanitation services as reported through the Indian Health Service (IHS) Sanitation Tracking and
Reporting System (STARS). IHS housing information is collected once annually (typically in November) to capture the progress of the previous
construction season. There were 413,454 American Indian and Alaska Native homes in the IHS database as of FY 2019. (In FY 2021, 4,007
American Indian and Alaska Native homes were provided access to basic sanitation, in coordination with other agencies. For more information
visit: https://www.epa.gov/small-and-rural-wastewater-svstems/clean-water-indian-set-aside-program.) Targets are based on past years'
performance, assumption of relatively constant future funding levels, and continued coordination with other federal agencies.
Long-Term Performance Goal: By September 30, 2026, provide 2,203 Tribal, small, rural, or underserved communities with technical,
managerial, or financial assistance to improve operations of their drinking water or wastewater systems
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM INFRA-06) Number of tribal, small, rural, or underserved communities provided
with technical, managerial, or financial assistance to improve system operations.
339
448
Commun-
ities
Above
Target
Metric Details: This measure tracks the number of tribal, small, or rural communities, or communities with environmental justice concerns,
provided with EPA technical, managerial, or financial assistance through on-site visits or training to effectively operate drinking water systems or
wastewater treatment systems. Data are collected through grantee reports.
(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.
2,000
2,000
Systems and
Partners
Above
Target
Metric Details: This measure tracks the number of drinking water, wastewater, and stormwater (water sector) utilities, tribal and state officials, and
water sector partners provided by EPA with practical tools, training, and technical assistance needed to increase resilience to extreme weather
events (e.g., drought, flooding, wildfires, hurricanes), malevolent acts (e.g., cyberattacks), and climate change. EPA assistance promotes a clear
understanding of climate change and potential long-term adaptation options for decision-making related to water utility infrastructure operations
and financing. Training and technical assistance will target participation of underserved communities.
926
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Objective 5.2: Protect and Restore Waterbodies and Watersheds—Address sources of water pollution and ensure water quality standards are
protective of the health and needs of all people and ecosystems.
Long-Term Performance Goal: By September 30, 2026, increase by 41,000 square miles the area of watersheds with surface water meeting
standards that previously did not meet standards.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM SWP-01) Annual increase in square miles of watersheds with surface water
meeting standards that previously did not meet standards.
,000
5,000
Square
Miles
Above
Target
Metric Details: This measure tracks improvements in impaired waters as reported on state Clean Water Act (CWA) Section 303(d)/305(b)
Integrated Reports. States report on their water quality assessments every two years. Water quality standards attainment means that: 1) the
impairments have been effectively removed due to actions including water quality restoration efforts, more complete monitoring to better
understand waterbody conditions, or appropriate changes in water quality standards; and 2) the waterbody now either fully supports the use or
meets the water quality criterion for that particular pollutant or stressor for which it had been impaired. EPA will ensure watersheds will continue
to meet the standards by assessing for equity and climate impacts. Data are tracked in EPA's Assessment, Total Maximum Daily Load (TMDL)
Tracking and Implementation System (ATTAINS). As states continue to perform assessments, they continue to identify additional impaired waters.
As of July 7, 2021, the draft baseline was 425,198 square miles of watershed area with surface water that are meeting standards and 652,609 square
miles of watersheds with surface water not meeting standards. The baseline will be revised in the second half of FY 2022 due to a change in the
catchment base layer used to calculate this measure. This measure will be transitioned from using the old National Hydrology Dataset Plus
(NHDPlus) V2 catchments to the new NHDPlus HR-VF-Gen catchment layer. Targets are based on receipt of Integrated Reports due to EPA every
even year, with some reporting delayed to other years.
(PM SWP-02) Annual increase in square miles of watersheds with previously impaired
surface waters due to nutrients that now meet standards for nutrients.
2,100
1,400
Square
Miles
Above
Target
Metric Details: This measure tracks improvements in impaired waters due to nutrients as reported on state Clean Water Act (CWA) Section
303(d)/305(b) Integrated Reports. As of July 7, 2021, the draft universe is 209,863 square miles of watershed area with surface water that are not
meeting standards due to nutrients. The universe will be revised in the second half of FY 2022.
Other Core Work
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM NPDES-03) Number of existing EPA-issued NPDES individual permits in
backlog.
250
210
Permits
Below
Target
927
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Metric Details: This measure tracks existing EPA-issued National Pollutant Discharge Elimination System (NPDES) individual permits that are
administratively continued for 180 days or more. EPA modified the title of this measure to specify that only individual permits are being tracked
and reported, which has been the case since the measure began in FY 2018. Between FY 2018 and FY 2021, EPA considered permits to be
backlogged as soon as they passed their expiration date and were administratively continued. For FY 2022, EPA will define the backlog as any
permit that is administratively continued for 180 days or more. This will allow the prioritization of complex permits and resource efficiency.
Permits are removed from the backlog as soon as the Agency issues, denies, or terminates a permit. The overall backlog was reduced from 547 as
of March 2018 to 284 as of September 30, 2021. Data are tracked in EPA's Integrated Compliance Information System (ICIS)-NPDES Database.
(PM TMDL-02) Percentage of priority TMDLs, alternative restoration plans, and
protection approaches in place.
100
35
Percent
Above
Target
Metric Details: For FY 2022, this measure tracks state priority waters with a Total Maximum Daily Load (TMDL), alternative restoration, or
protection plan in place. EPA, tribes, and states cooperatively developed a Long-Term Vision for Assessment, Restoration and Protection under the
Clean Water Act (CWA) Section 303(d) Program (https://www.epa.gov/sites/default/files/2015-
07/documents/vision 303d program dec 2013.pdf) which encourages focused attention on priority waters and acknowledges that states have
flexibility in using available tools - TMDLs, Alternative Restoration Plans, and protection approaches - to restore and protect water quality. The
calculation method provides 0.5 credit for plans under development and full credit when EPA approves a plan. The goal is to have 100% of priority
waters with plans approved or accepted by FY 2022. EPA is in the process of working with states to develop a new universe for FY 2023. States
will be able to meet targets with a mix of plans in development and plans in place depending on their initial commitments. EPA expects to have the
target finalized in FY 2022. Data are tracked in ATTAINS.
GOAL 6: SAFEGUARD AND REVITALIZE COMMUNITIES—Restore land to safe and productive uses to improve
communities and protect public health.
Objective 6.1: Clean Up and Restore Land for Productive Uses and Healthy Communities—Clean up and restore contaminated sites to
protect human health and the environment and build vibrant communities, especially in underserved and overburdened areas.
Long-Term Performance Goal: By September 30, 2026, bring human exposures under control at additional 60 Superfund sites.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM 151) Number of Superfund sites with human exposures brought under control.
12
12
Sites
Above
Target
Metric Details: This measure documents progress achieved in controlling unacceptable human exposures to contamination at both private and
federal facility Superfund sites and denotes a site-wide accomplishment. The human exposure determination at a site can change over time as
conditions across portions (operable units) of a site change. EPA regional offices enter human exposure determinations and supporting data into the
Superfund Enterprise Management System (SEMS). Results reflect a net accomplishment as sites can shift between human exposure under control
to human exposure not under control or human exposure insufficient data. The status change often occurs when a previously unknown exposure
928
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pathway (e.g., vapor intrusion) or contaminant is discovered, and a reasonable expectation exists that people could be exposed or that there is
insufficient data to make such a determination until further investigation takes place. As of FY 2021, there were 1,550 Superfund sites with human
exposures under control out of a total of 1,820 sites where human exposure is tracked.
(PM S10) Number of Superfund sites made ready for anticipated use site-wide.
25
15
Sites
Above
Target
Metric Details: This measure tracks EPA's progress in cleaning up and preparing Superfund sites (both private and federal facility) for reuse site-
wide, while ensuring human health and environmental protection. It measures the number of construction complete final and deleted Superfund
National Priorities List (NPL) or non-NPL Superfund Alternative Approach (SAA) sites for which all: 1) remedy decision document (e.g., record
of decision (ROD)) cleanup goals have been achieved for media that may affect a site's current and reasonably anticipated future land use, so that
there are no unacceptable risks; and 2) institutional or other controls required in remedy decision document(s) have been put in place. EPA
documents the sitewide ready for anticipated use (SWRAU) determination directly in SEMS once a site meets all required criteria and the
appropriate EPA regional personnel have approved the determination. Since 2018, SWRAU accomplishments and the inventory of eligible sites
have decreased. The number of SWRAU eligible sites was estimated at 81 sites following a 2021 SWRAU information collection effort with EPA
regional offices. Of the 81 sites, 26 achieved SWRAU in 2021. The remaining eligible sites face increasingly difficult challenges to achieve
SWRAU, primarily related to institutional controls implementation. Cleaning up contaminated land reduces the environmental and health effects of
exposure to contamination in communities, especially overburdened communities, and contributes toward the Administration's Justice40 goal.
(PM 170) Number of remedial action projects completed at Superfund sites.
80
75
Projects
Above
Target
Metric Details: This measure tracks the number of remedial action projects completed at Superfund sites. Cleaning up contaminated land reduces
the environmental and health effects of exposure to contamination in communities, especially overburdened communities, and contributes toward
the Administration's Justice40 goal. By tracking the completion of a discrete scope of Superfund cleanup activities (for both private and federal
facility sites), this measure documents incremental progress in reducing risk to human health and the environment. Multiple remedial action
projects may be necessary to achieve sitewide construction completion. EPA captures this data in SEMS.
(PM 137) Number of Superfund removals completed.
183
183
Removals
Above
Target
Metric Details: This measure tracks Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) removal-related
hazardous waste cleanups, known as Superfund removal actions, including those that are Superfund-lead and Potentially Responsible Party (PRP)-
lead. There is no pre-established universe of removal sites, as removal actions take place after a release has occurred. Data are tracked in SEMS.
Long-Term Performance Goal: By September 30, 2026, complete 225 Superfund cleanup projects that address lead as a contaminant.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM 155) Number of Superfund cleanup projects completed that address lead as a
contaminant.
45
45
Projects
Above
Target
929
-------
Metric Details: This measure documents progress to reduce exposure to lead and associated health impacts by reporting the completion of cleanup
actions that include lead as a contaminant. Response action projects include removal and remedial actions that address lead as a contaminant. The
universe of applicable remedial actions consists of those at all final and deleted NPL sites and sites with SAA agreements. There is no pre-
established universe of removal sites, as removal actions take place after a release has occurred.
Long-Term Performance Goal: By September 30, 2026, clean up an additional 650 brownfields properties.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM B32) Number of brownfields properties cleaned up.
130
130
Properties
Above
Target
Metric Details: This measure tracks the number of properties that have been cleaned up to a regulatory risk-based standard using EPA brownfields
funding, as reported by cooperative agreement recipients into the Assessment, Cleanup and Redevelopment Exchange System (ACRES) database.
Cleaning up contaminated land reduces the environmental and health effects of exposure to contamination in communities, especially
overburdened communities, and contributes toward the Administration's Justice40 goal.
(PM B30) Number of brownfields sites made ready for anticipated use.
600
600
Sites
Above
Target
Metric Details: This measure tracks the number of properties/sites benefiting from EPA
determined not to require cleanup, or where cleanup has been completed and institutiona
cooperative agreement recipients. This activity results in additional sites available for pre
cleanup project to collect data on projects completed in previous years that had not been
brownfields funding that have been assessed
controls are in place if required, as reported
)ductive reuse. Prior year targets and results r
reported previously. This project is now com
and
by
eflect a data
plete.
(PM B29) Number of brownfields properties assessed.
1,400
1,400
Properties
Above
Target
Metric Details: This measure tracks the number of properties that have been environmentally assessed for the first time using EPA brownfields
funding, as reported by cooperative agreement recipients.
Long-Term Performance Goal: By September 30, 2026, make an additional 425 RCRA corrective action cleanups Ready for Anticipated Use.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM RSRAU) Number of RCRA corrective action facilities made ready for anticipated
use.
114
100
Facilities
Above
Target
Metric Details: This measure tracks the number of Resource Conservation and Recovery Act (RCRA) corrective action facilities made ready for
anticipated use (RAU). To be determined RAU, facilities must meet the following criteria: human exposure under control; final cleanup goals
achieved for media that would affect the anticipated use; and if needed, controls in place to ensure long-term protectiveness. Information is entered
into the RCRAInfo database by authorized states and/or EPA regional offices overseeing cleanups. There were 3,924 facilities subject to RCRA
corrective action in FY 2021, of which 2,135 had not yet been determined RAU.
930
-------
(PM CA5RC) Number of RCRA corrective action facilities with final remedies
constructed.
55
55
Facilities
Above
Target
Metric Details: This measure tracks the number of RCRA corrective action facilities with final remedies constructed. This measure tracks a mid-
term step in the progression toward completing facility cleanup.
Long-Term Performance Goal: By September 30, 2026, conduct an additional 35,000 cleanups at Leaking Underground Storage Tank facilities.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM 112) Number of LUST cleanups completed that meet risk-based standards for
human exposure and groundwater migration.
7,439
7,125
Cleanups
Above
Target
Metric Details: This measure tracks the number of completed cleanups of petroleum-contaminated confirmed releases, also known as Leaking
Underground Storage Tank (LUST) cleanups. The totals include cleanups reported by states as well as EPA cleanups in Indian country. Cleanups
in Indian country represent approximately 0.2% of total cleanups completed. Data are tracked in the LUST4 database. Targets are based on 12% of
the prior year's estimated backlog of remaining cleanups. The backlog will continue to reduce over time so the targets will correspondingly reduce.
Forecasted backlog reduction based on five years of data trends through FY 2020. As of FY 2021, there were 564,767 cumulative confirmed
releases, out of which there were 502,786 LUST cleanups completed.
Other Core Work
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
TBD
Percent
Above
Target
Metric details: This measure tracks the number of community revitalization technical assistance engagements with communities that have had
programmatic or financial investments from federal programs within the past five years. These investments include those of EPA or other federal
agencies. This subsequent technical assistance can help maximize the previous investment by supporting its implementation or expanding upon it
by helping the community make related improvements. These efforts can help coordinate and align federal engagements and create connections
that will spur ongoing utilization of smart growth tools and best practices toward environmental protection and economic development. The
baseline and FY 2023 target will be established in FY 2022.
Objective 6.2: Reduce Waste and Prevent Environmental Contamination—Prevent environmental pollution by preventing releases, reducing
waste, increasing materials recovery and recycling, and ensuring sustainable materials management practices.
Long-Term Performance Goal: By September 30, 2026, increase the percentage of updated permits at RCRA facilities to 80% from the FY 2021
baseline of 72.7%.
931
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Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM HW5) Number of updated permits issued at hazardous waste facilities.
90
100
Permits
Above
Target
Metric Details: This measure tracks the number of RCRA hazardous waste permit updates or clean-closures in the universe of permitted facilities
using EPA's RCRAInfo system. This does not include all permit maintenance since permit modifications cannot be projected and are not included.
The related Long-Term Performance Goal refers to the overall percentage of RCRA facilities with permits that are not past expiration and have
been updated though a permit renewal (or are not past the permit term/expiration). Maintaining up-to-date permits ensures that permitted facilities
have consistent and protective standards to prevent release. This will ensure permits reflect updated standards, remain protective under changing
conditions due to climate change, and provide meaningful community involvement in the permitting process over time. Proper standards for waste
management can protect human health, prevent land contamination/degradation and other releases, and avoid future cleanups and associated costs.
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. There were 1,313 permitted hazardous waste facilities as of FY 2021.
(PM UST01) Number of confirmed releases at UST facilities.
5,150
5,075
Releases
Below
Target
Metric Details: This measure tracks the number of confirmed releases discovered at Underground Storage Tank (UST) facilities during the year.
The number of confirmed releases is targeted to decline by 75 each year. The LUST Prevention Program provides funding to tribes and states to
prevent releases from the 540,423 federally regulated USTs by ensuring compliance with federal and state laws through inspections and other
activities. Preventing UST releases is more efficient and less costly than cleaning up releases after they occur.
Objective 6.3: Prepare for and Respond to Environmental Emergencies—Prevent, prepare, and respond to environmental emergencies and
support other agencies on nationally significant incidents, working with Tribes, states, and local planning and response organizations.
Long-Term Performance Goal: By September 30, 2026, ensure that 40% of annual emergency response and removal exercises that EPA
conducts or participates in incorporate environmental justice.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM ER02) Percentage of emergency response and removal exercises that EPA
conducts or participates in that incorporate environmental justice.
14
21
Percent
Above
Target
Metric Details: This measure tracks the number of emergency response and removal exercises that EPA conducts or participates in that incorporate
solutions to or address environmental justice challenges. The following mechanisms will be used to incorporate solutions to or address
environmental justice challenges in exercises: involving facilities in locations that impact communities with environmental justice concerns;
including an entity with environmental justice concerns as a participating organization; including environmental justice concerns or communities in
the exercise scenario; or including scenario injects that incorporate environmental justice concerns or entities. Incorporating solutions to or
addressing environmental justice challenges includes addressing language, mobility, or financial barriers or engaging community-based leadership.
932
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(PM ER01) Number of emergency response and removal exercises that EPA conducts
or participates in.
120
120
Exercises
Above
Target
Metric Details: This measure tracks the number of emergency response and removal exercises that EPA conducts or participates in, including: (1)
CERCLA exercises which are exercises specific to CERCLA requirements or contaminants. These can include participation in exercises with
Local Emergency Planning Committees (LEPCs) or Risk Management Plan (RMP) facilities with emphasis on CERCLA hazardous substance
releases. (2) Oil spill preparedness exercises including tabletop, functional and full scale, and Government-Initiated Unannounced Exercises
(GIUEs). These include internal exercises to ensure readiness and external training and readiness exercises. (3) Homeland Security exercises at
which EPA staff participated. And (4) Federal Emergency Management Agency (FEMA) exercises in which EPA staff participated. The baseline is
120 exercises in FY 2021. Annual targets for this measure maintain this level of effort.
GOAL 7: ENSURE SAFETY OF CHEMICALS FOR PEOPLE AND THE ENVIRONMENT—Increase the safety of
chemicals and pesticides and prevent pollution at the source.
Objective 7.1: Ensure Chemical and Pesticide Safety—Protect the health offamilies, communities, and ecosystems from the risks posed by
chemicals and pesticides.
Long-Term Performance Goal: By September 30, 2026, complete at least eight High Priority Substance (HPS) TSCA risk evaluations annually
within statutory timelines compared to the FY 2020 baseline of one.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM TSCA4) Number of HPS TSCA risk evaluations completed within statutory
timelines.
0
Evaluations
Above
Target
Metric Details: This measure tracks HPS chemical risk evaluations completed annually for existing chemicals within the statutory deadline. Risk
evaluations are needed to protect human health and the environment from unnecessary risks. The Toxic Substances Control Act (TSCA) requires
risk evaluations for HPS to be completed within 3.5 years of the date the chemical is prioritized. TSCA requires that upon completion of a HPS
risk evaluation, EPA must designate at least one additional HPS to take its place, thus ensuring that at least 20 EPA-initiated HPS risk evaluations
are underway at all times. A baseline of one HPS risk evaluation was completed within statutory timelines to protect human health and the
environment from unnecessary risk in FY 2020. For more information, see: https://www.epa.gov/assessing-and-managing-chemicals-under-
tsca/risk-evaluations-existing-chemicals-under-tsca.
Long-Term Performance Goal: By September 30, 2026, initiate all TSCA risk management actions within 45 days of the completion of a final
existing chemical risk evaluation.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM TSCA5) Percentage of existing chemical TSCA risk management actions
initiated within 45 days of the completion of a final existing chemical risk evaluation.
100
100
Actions
Above
Target
933
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Metric Details: This measure tracks the percentage of existing chemical risk management rulemakings initiations, defined as the point at which
EPA convenes the Agency workgroup following the tiering process for the rulemaking, within 45 days of publishing the final risk evaluation.
TSCA Section 6(a) requires EPA to issue a proposed risk management rule for a chemical substance no later than one year after the date on which
the final risk evaluation is published, and to publish a final rule no later than two years after the publication date of the final risk evaluation. While
EPA's Action Development Process includes timelines that do not conform to TSCA's rulemaking expectations, prompt initiation of risk
management actions after the completion of risk evaluations is necessary for protecting human health and the environment from chemical risks. A
baseline of 100% of existing chemical TSCA risk management actions were initiated within 45 days of the completion of a final existing chemical
risk evaluation in FY 2020. For more information, see: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-
existing-chemicals-under-tsca#process.
Long-Term Performance Goal: By September 30, 2026, review 90% of risk mitigation requirements for past TSCA new chemical substances
decisions compared to the FY 2021 baseline of none.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM TSCA6a) Percentage of past TSCA new chemical substances decisions with risk
mitigation requirements reviewed.
25
Percent
Above
Target
Metric Details: This measure tracks the percentage of risk mitigation requirements in EPA TSCA Section 5 orders or Significant New Use Rules
(SNURs) that EPA reviews for adherence/non-adherence with these requirements. EPA puts these measures in place to protect human health and
the environment by identifying conditions to be placed on the use of a new chemical before it is entered into commerce. EPA will review
compliance with established restrictions in TSCA Section 5 orders or SNURs by cross-walking action requirements with information reported to
the Chemical Data Reporting (CDR) rule. Instances of non-compliance will be relayed to EPA's Office of Enforcement and Compliance Assurance
for additional actions. This could include additional virtual records auditing, on-site audits, issuance of compliance advisories or guidances,
requests for information/subpoenas, and modifications/updates to TSCA Section 5 consent orders, SNURs, or other requirements, as appropriate.
No TSCA new chemical substances with risk mitigation requirements were reviewed to confirm manufacturers were adhering to past TSCA
Section 5 consent orders and SNUR requirements in FY 2021. For more information, see: https://www.epa.gov/reviewing-new-chemicals-under-
toxic-substances-control-act-tsca/basic-information-review-new.
(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.
N/A
25
Percent
Above
Target
Metric Details: This measure tracks the percentage of chemicals reviewed for adherence/non-adherence with TSCA Section 5 risk mitigation
requirements that are determined to be in adherence with these requirements.
Long-Term Performance Goal: By September 30, 2026, recertify before the expiration date 36% of lead-based paint Renovation, Repair, and
Painting (RRP) firms whose certifications are scheduled to expire compared to the FY 2021 baseline of 32%.
934
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Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM RRP30) Percentage of lead-based paint RRP firms whose certifications are
scheduled to expire that are recertified before the expiration date.
32
33
Percent
Above
Target
Metric Details: This measure tracks the percentage of expiring lead-based paint firm certifications renewed before the expiration date. Number of
recertifications can vary widely from year to year due to external variabilities. This industry has a high level of turnover (companies closing and
opening). Higher numbers for this measure reflect interest in the industry for continuing to provide these critical services. Federal law requires all
RRP firms working in housing, or facilities where children are routinely present, built before 1978, to be certified. Firms must apply to EPA for
certification to perform renovations or dust sampling. To apply, a firm must submit a completed application and fee to EPA online. EPA RRP firm
certifications are good for five years. Firms must apply for recertification at least 90 days before the firm's current certification expires. Data are
tracked in the Federal Lead-based Paint Program database. Data include recertifications from jurisdictions where EPA administers the RRP
Program. These data do not include recertifications from tribes or states with delegated programs. The baseline of 32% is based on the average
recertification rate during the final six months of FY 2021 due to unusual circumstances in the first half of the fiscal year.
Long-Term Performance Goal: By September 30, 2026, complete 78 pesticide registration review cases with statutory due dates that fall after
October 1, 2022.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM FIFRA3a) Number of pesticide registration review cases completed with
statutory due dates that fall after October 1, 2022.
15
20
Cases
Above
Target
Metric Details: This measure tracks the annual number of pesticide registration review case completions with statutory due dates that fall after
October 1, 2022. EPA is reviewing each registered pesticide every 15 years to determine whether it still meets the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) standard for registration and to ensure that pesticides already in the marketplace do not pose unreasonable adverse
effects on people or the environment based on current science standards. A total of 78 registered pesticides have 15-year cycle due dates that fall
after October 1, 2022. The baseline is one pesticide registration review case completed in FY 2020 with a statutory due date that falls after October
1, 2022.
(PM FIFRA3b) Number of pesticide registration review dockets opened for
registration review cases with statutory completion dates that fall after October 1,
2022.
25
27
Dockets
Above
Target
Metric Details: This measure tracks the annual number of docket openings for pesticide registration review with statutory due dates that fall after
October 1, 2022. Docket openings are the first stage of the registration review process and offer the first opportunity for the public to provide
comment. The baseline is 11 docket openings in FY 2020.
(PM FIFRA3c) Number of draft risk assessments completed for pesticide registration
review cases with statutory completion dates that fall after October 1, 2022.
9
21
Draft As-
sessments
Above
Target
935
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Metric Details: This measure tracks the annual number of draft risk assessments completed for pesticide registration review cases with statutory
due dates that fall after October 1, 2022. The draft risk assessment presents EPA's preliminary risk findings to the public and provides opportunity
for public comment. Maintaining targets for this measure helps ensure that registration review case completion targets are achieved. The baseline is
five draft risk assessments completed in FY 2020.
Long-Term Performance Goal: By September 30, 2026, consider the effects determinations or protections of federally threatened and
endangered species for new active ingredients in 90% of the risk assessments supporting pesticide registration decisions compared to the FY 2020
baseline of 50%.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
40
50
Percent
Above
Target
Metric Details: This measure tracks the percentage of risk assessments for pesticide registration decisions for new active ingredients that
incorporate Endangered Species Act (ESA) requirements to ensure federal actions do not jeopardize the continued existence of federally threatened
or endangered species or damage their critical habitat. Historically, EPA has not incorporated ESA determinations into its regulatory decisions
other than determinations of "no effects" (mostly for biopesticides), due to the lengthy process of ESA consultation with the Services (U.S. Fish
and Wildlife Service and National Marine Fisheries Service). EPA will more routinely incorporate ESA effects determinations into its regulatory
decisions, and ensure protection for listed species earlier in the consultation process through label mitigation. The FY 2020 baseline year included
a relatively higher percentage of determinations of "no effects" for biopesticide new active ingredient registration decisions in relation to overall
new active ingredient registration decisions. Biopesticide determinations of "no effects" are estimated to apply to 70-80 percent of new active
ingredient registration decisions in any given fiscal year; the remainder includes conventional pesticides, antimicrobial pesticides, and biopesticides
for which determinations of "no effects" cannot be made.
Long-Term Performance Goal: By September 30, 2026, consider the effects determinations or protections of federally threatened and
endangered species in 50% of the risk assessments supporting pesticide registration review decisions compared to the FY 2020 baseline of 27%.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM ESA2) Percentage of risk assessments supporting pesticide registration review
decisions that include effects determinations or protections of federally threatened and
endangered species.
20
30
Percent
Above
Target
Metric Details: This measure tracks the percentage of risk assessments for pesticide registration review decisions that incorporate ESA
requirements, including decisions subject either to the statutory deadline of October 2022 for the first cycle of registration review or to a 15-year
schedule of review under the second cycle. Implementation of this process for pesticide registration review decisions will follow implementation
for new active ingredient pesticide registration decisions. Some cases in the first cycle of registration review are currently involved in litigation due
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to EPA's failure to incorporate ESA considerations. EPA calculated the FY 2020 baseline of 27% based on the portion of all actions in registration
review during FY 2020 for conventional pesticides, biopesticides, and antimicrobial pesticides that included either a determination of "no effects"
or measures that are intended to reduce exposure to listed species. The risk assessments that considered endangered species in FY 2020 were cases
where EPA made a determination that there is "no effects" on listed species based either on a lack of potential exposure or a lack of toxicological
harm. EPA calculated the FY 2020 baseline assuming 107 completed risk assessments of which 29 included determinations of "no effects" on
listed species. The FY 2022 target reflects determinations of "no effects" and that implementation will be in its very early stages.
Long-Term Performance Goal: By September 30, 2026, support Agricultural Worker Protection Standard (WPS) pesticide safety training for
20,000 farmworkers annually compared to the FY 2018-2020 annual average baseline of 11,000.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM WPSla) Number of farmworkers receiving EPA-supported WPS pesticide safety
training.
20,000
20,000
Farm-
workers
Above
Target
Metric Details: This measure tracks the number of farmworkers trained under EPA cooperative agreements in accordance with the Agricultural
WPS rule. The purpose of the WPS is to reduce pesticide poisonings and injuries among agricultural workers and pesticide handlers. The WPS
offers occupational protections to over 2 million agricultural workers and pesticide handlers who work at over 600,000 agricultural establishments.
WPS pesticide safety training is an annual requirement. An average of 11,000 individuals had the EPA-supported WPS training from FY 2018-
2020, which reflects a sharp drop-off in training in FY 2020 due to the COVID-19 pandemic.
(PM WPSlb) Percentage of content knowledge learned by farmworker/trainees upon
completion of EPA-supported WPS pesticide training.
95
95
Percent
Above
Target
Metric Details: This measure tracks the average level of knowledge of the pesticide safety content at the conclusion of EPA-supported WPS
pesticide training, based on evaluations administered to trainees. The baseline of 95 percent is based on post-training assessments conducted
annually from FY 2018-2020.
Objective 7.2: Promote Pollution Prevention—Encourage the adoption of pollution prevention and other stewardship practices that conserve
natural resources, mitigate climate change, and promote environmental sustainability.
Long-Term Performance Goal: By September 30, 2026, reduce a total of 6 million metric tons of carbon dioxide equivalent (MMTCChe)
released attributed to EPA pollution prevention grants.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM P2mtc) Reduction in million metric tons of carbon dioxide equivalent
(MMTCChe) released per year attributed to EPA pollution prevention grants.
1.2
1.2
MMTC02e
Above
Target
Metric Details: This measure tracks MMTCChe reductions from all Pollution Prevention Grant Program activities. MMTCChe is calculated by
using an online tool to convert standard metrics for electricity, green energy, fuel use, chemical substitutions, water management, and materials
management into MMTCChe (https://www.epa.gov/p2/pollution-prevention-tools-and-calculators). Annual results are the total reported by
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grantees in a single year plus the contributions from the previous three years. This method accounts for recurring benefits of a pollution prevention
action, not just in the year it was implemented, but also in future years. Pollution prevention grants are "two-year" grants with an optional third
year for follow-up reporting and case study development. These grants have annual reporting but with a one-year reporting lag due to the grant
reporting cycle. A baseline reduction of 1.2 MMTCChe is attributed to EPA pollution prevention grants in FY 2019.
Long-Term Performance Goal: By September 30, 2026, EPA's Safer Choice program will certify 2,300 products compared to the FY 2021
baseline of 1,950 total certified products.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM P2sc) Number of products certified by EPA's Safer Choice program.
1,950
2,000
Products
Above
Target
Metric Details: This measure tracks the total number of products certified by the Safer Choice program at the end of the year. Safer Choice is a
voluntary program that helps consumers, businesses, and purchasers find products that perform and contain ingredients that are safer for human
health and the environment. Certified products are verified by EPA to meet the Safer Choice Standard through initial certification, annual audits,
and recertification every three years. The total includes Design for the Environment-certified antimicrobial products. Data are tracked in EPA's
Safer Choice database. For additional information, see: https://www.epa.gov/saferchoice.
CROSS-AGENCY STRATEGIES
Strategy 1: Ensure Scientific Integrity and Science-Based Decision Making—Deliver rigorous scientific research and analyses
to in form evidence-based decision-making.
Long-Term Performance Goal: By September 30, 2026, increase the annual percentage of Office of Research and Development (ORD) research
products meeting partner needs to 95% from a baseline of 93% in FY 2021.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM RD1) Percentage of ORD research products meeting partner needs.
93
94
Percent
Above
Target
Metric Details: Partner satisfaction is evaluated through a robust survey process. The annual survey engages key users of ORD products. Survey
respondents evaluate the scientific rigor of research products (quality), product relevance (usability), and timeliness of product delivery. Each year,
50 products are randomly selected from the universe of products identified as delivered during the previous fiscal year in the Research Approval
Planning Implementation Dashboard (RAPID) to be the focus of the survey. Respondent assessments of the 50 products are extrapolated to the
total universe of products to determine the numerator. The denominator is the universe of products. The survey results are estimated at a 90%
confidence interval of ±10 products.
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Long-Term Performance Goal: By September 30, 2026, implement 126 actions for scientific integrity objectives that are certified by Deputy
Scientific Integrity Officials in each EPA program and region.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM RD5) Number of actions implemented for EPA scientific integrity objectives.
No Target
Established
21
Actions
Above
Target
Metric Details: This measure tracks the number of actions completed by EPA Deputy Scientific Integrity Officials (DSIOs) to implement the
scientific integrity objectives that implement the EPA Scientific Integrity Policy (https://www.epa.gov/sites/default/files/2014-
02/documents/scientific integrity policy 2012.pdf). Each DSIO will certify completion of two actions for each of the three scientific integrity
objectives: scientific integrity is highly visible at EPA (Objective 1); all of EPA embraces and models scientific integrity (Objective 2); and robust
mechanisms protect and maintain EPA's culture of scientific integrity (Objective 3). Deputy Scientific Integrity Officials are members of the
Scientific Integrity Committee representing each EPA program office and region.
Strategy 2: Consider the Health of Children at All Life Stages and Other Vulnerable Populations—Focus on protecting
and improving the health of children at all life stages and other vulnerable populations in implementing our programs.
Long-Term Performance Goal: By September 30, 2026, assess and consider environmental health information and data for children at all life
stages for all completed EPA actions that concern human health.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
50
70
Percent
Above
Target
Metric Details: This measure tracks the percentage of EPA actions (e.g., rules, risk assessments, exposure assessments, economic and benefits
analyses, research and other products, program implementation guidances, enforcement and compliance efforts and activities, grants, training,
partnerships, fact sheets and other communication materials) that have a human health impact and for which children's environmental health
information and data was considered and assessed. The intent of this measure is to institutionalize EPA's 2021 Policy on Children's Health
(https://www.epa.gov/children/epas-policy-childrens-health), which calls for EPA to protect children from environmental exposures by
"consistently and explicitly considering early life exposures and lifelong health in all human health decisions." The baseline is 50% as of February
2022.
(PM CH02) Number of EPA regional offices with stakeholder engagement on
children's environmental health designed to provide durable, replicable, and
widespread results.
Regional
Offices
Above
Target
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Metric Details: This measure tracks the number of EPA regional offices that have developed and are implementing stakeholder engagement
activities on children's environmental health that support joint planning, collaboration, or action; identify and address community-scale issues;
build federal/state/local "whole-of-government" partnerships; and/or address health disparities. EPA aims to increase outcome-driven stakeholder
participation and program visibility.
Strategy 3: Advance EPA's Organizational Excellence and Workforce Equity—Foster a diverse, equitable, and inclusive
workforce within an effective and mission-driven workplace.
Long-Term Performance Goal: By September 30, 2026, EPA will be in full compliance with the five high-priority directives in Executive Order
14028 - Improving the Nation's Cyber security.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM MFA) Percentage of EPA systems in compliance with multifactor authentication
requirements.
75
85
Percent
Above
Target
Metric Details: This measure tracks EPA implementation of one of the five priority requirements of Executive Order
Nation's Cybersecurity (https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/12/executive-order-o
cybersecurity/). Multifactor authentication confirms user identify and ensures only authorized users have access to Age
information. The February 2022 baseline for this measure is 65%.
4028 - Improving the
n-improving-the-nations-
ncy systems and
(PM DAR) Percentage of EPA data at rest in compliance with encryption
requirements.
No Target
Established
Percent
Above
Target
Metric Details: This measure tracks EPA implementation of one of the five priority requirements of Executive Order 14028 - Improving the
Nation's Cybersecurity. Encrypting data at rest ensures any unauthorized individual who has gained access to EPA's network or any of its
information systems will still be unable to read the data in any meaningful and potentially destructive or malicious way. Initial scoping for this
measure will be completed in FY 2022.
(PM DIT) Percentage of EPA data in transit in compliance with encryption
requirements.
No Target
Established
Percent
Above
Target
Metric Details: This measure tracks EPA implementation of one of the five priority requirements of Executive Order 14028 - Improving the
Nation's Cybersecurity. Encrypting data in transit ensures any unauthorized individual who has gained the ability to monitor network traffic will be
unable to read and interpret data in a meaningful and potentially destructive or malicious way. Initial scoping for this measure will be completed in
FY 2022.
(PM ZTA) Percentage implementation of an approved "Zero Trust Architecture."
No Target
Established
Percent
Above
Target
Metric Details: This measure tracks EPA implementation of one of the five priority requirements of Executive Order 14028 - Improving the
Nation's Cybersecurity. The "Zero Trust Architecture" security model eliminates implicit trust in any one element, node, or service and instead
requires continuous verification of the operational picture via real-time information from multiple sources to determine access and other system
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responses. Once implemented, the various components of Agency network infrastructure will be more resistant to unauthorized access. Initial
scoping for this measure will be completed in FY 2022.
(PM ALR) Implementation of advanced event logging requirements (EL3) across EPA
networks.
ELI
EL3
Tier
Above
Target
Metric Details: This measure tracks EPA implementation of one of the five priority requirements of Executive Order 14028 - Improving the
Nation's Cyber security. EPA will implement the highest event logging tier of "Advanced" (EL3) across EPA networks and infrastructure as
established by OMB Memorandum M-21-31 - Improving the Federal Government's Investigative and Remediation Capabilities Related to
Cyber security Incidents. The FY 2020 baseline for this measure is ELO - "Not Effective."
Long-Term Performance Goal: By September 30, 2026, award 4% of EPA contract spending to small businesses located in Historically
Underutilized Business Zones (HUBZones) compared to the FY 2018-2020 average annual baseline of 2.2%.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM SB1) Percentage of EPA contract spending awarded to HUBZone businesses.
3
3.2
Percent
Above
Target
Metric Details: This measure tracks the percentage of total EPA prime contracting dollars awarded to firms designated as a certified HUBZone
small business awardees in the Federal Procurement Data System. To qualify for certification as a HUBZone firm, the small business must: 1) be at
least 51% owned and controlled by U.S. citizens, a Community Development Corporation, an agricultural cooperative, or an Indian tribe; 2)
maintain its principal office within a HUBZone; and 3) hire at least 35% of its workforce from a HUBZone area. HUBZones are generally defined
to include urban and rural communities with low income, high poverty, or high unemployment.
Long-Term Performance Goal: By September 30, 2026, initiate all priority climate resiliency projects for EPA-owned facilities within 24 months
of a completed facility climate assessment and project prioritization.
Annual Performance Goals
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(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.
100
Percent
Above
Target
Metric Details: This measure tracks initiation of climate adaptation projects at EPA-owned facilities fol
prioritize identified projects based on multiple factors - ability to execute, impact on facility resiliency,
months of identification as a priority.
owing a climate assessment,
cost, etc. - and initiate project
EPA will
s within 24
(PM CAA) Number of EPA-owned facility climate adaptation assessments completed.
2
5
Assess-
ments
Above
Target
Metric Details: This measure tracks completion of climate adaptation assessments at all 20 EPA-owned facilities that will determine which
facilities require investments to protect against climate change.
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Long-Term Performance Goal: By September 30, 2026, EPA will achieve the highest Diversity, Equity, Inclusion and Accessibility (DEIA)
Maturity Level of "Leading and Sustaining" as defined by the November 2021 Government-wide Strategic Plan to Advance DEIA in the Federal
Workforce and achieve all EPA goals identified in the Agency's Gender Equity and Equality Action Plan.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM DEIA) Diversity, Equity, Inclusivity, and Accessibility (DEIA) Maturity Level
achieved.
LI
Level
Above
Target
Metric Details: This measure tracks the Agency's progress towards achieving the highest Diversity, Equity, Inclusivity, and Accessibility (DEIA)
Maturity Level of Leading and Sustaining as defined by the November 2021 Government-wide Strategic Plan to Advance DEIA in the Federal
Workforce. available at: httDs://www.whitehouse.sov/wD-content/uDloads/2021/ll/Stratesic-Plan-to-Advance-Diversitv-Eciuitv-Inclusion-and-
Accessibilitv-in-the-Federal-Workforce-11.23.21.pdf. The Maturity Levels are: Level 1 (
LI): Foundational Capacity; Level 2 (L2): Advancing
s four Signals of Maturity: DEIA Approach; Diversity
Outcomes; and Level 3 (L3): Leading and Sustaining. Maturity Levels are assessed acros
Framework; Organizational Structure; and DEIA Integration.
Long-Term Performance Goal: By September 30, 2026, automate all priority internal administrative processes.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM GOP A) Percentage of priority internal administrative processes automated.
10
Percent
Above
Target
Metric Details: This measure tracks completion of transitioning priority administrative forms and/or processes to full automation for improved
internal data collection and utilization. Previous examples of administrative process automation include: transitioning OGE-450 Financial
Disclosure Forms from electronic documents to a centralized reporting database; paper-based performance reviews to USA Performance; and
transitioning Headquarters Transit Subsidy requests from a paper form to a digital approval workflow. In FY 2022, EPA will
identify critical internal administrative workflow processes, develop prioritization methodologies, create implementable and repeatable automation
processes, and initiate and complete a high-priority workflow automation project. EPA will prioritize identified forms and/or processes based on
multiple factors including the number of affected employees, employee time saved, cost savings/avoidance, and support of a hybrid work
environment.
Long-Term Performance Goal: By September 30, 2026, automate the major EPA permitting programs.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM PAT) Percentage of EPA permitting processes automated.
10
Percent
Above
Target
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Metric Details: This measure tracks the Agency's progress toward bringing EPA into the 21st century by transitioning EPA's major permitting
programs from paper processes to electronic processes. EPA will advance the paperless transformation through the automation of permit application,
review, and issuance processes for EPA's permitting programs. Automation of the permitting processes will reduce processing time on issuing
permits, decrease the time between receiving monitoring data and engaging in enforcement actions, and foster transparency by allowing
communities to search, track, and access permitting actions easily. Further, permit automation will enable the integration of climate change and
environmental justice 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 a time and
costs savings. In FY 2022, EPA will establish the target number of processes to be automated. Once the target is established, EPA will automate
10% of this universe by the end of FY 2023. The FY 2021 baseline for this measure is zero.
Long-Term Performance Goal: By September 30, 2026, improve 1,000 operational processes.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM OP1) Number of operational processes improved.
200
200
Operational
Processes
Above
Target
Metric Details: This measure tracks the number of EPA operational processes improved through the application of Lean principles to improve the
efficiency and cost effectiveness of the Agency's operations. An operational process is a sequence of activities that results in the delivery of a
service. Process improvements are intended to engage leadership, drive innovation, improve operations, create a better customer experience, and
empower frontline staff. A process improvement is counted when a baseline measure is exceeded by a reasonable amount, as determined by EPA
program or regional office leadership. While a standard percentage improvement is not required, teams are encouraged to have stretch goals to
promote breakthroughs. Process improvements result from a variety of tools (e.g., kaizen events, special senior leadership projects, other problem-
solving activities) and often include standard work (e.g., standard operating procedures) and visual management (visible placement of information
and indicators that quickly convey the status of the process) to help ensure the improvement is sustained and can be shared to promote
benchmarking when appropriate.
Other Core Work
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM CF2) Number of Agency administrative systems and system interfaces.
17
17
Systems and
Interfaces
Below
Target
Metric Details: This measure tracks the number of administrative systems or system interfaces EPA actively operates. Administrative systems
support execution of the Agency's administrative functions such as accounting, grants management, and contracts management. System interfaces
are connections among administrative systems where data are shared. Reducing the number of administrative systems and system interfaces has a
positive impact on streamlining operational processes and drives the integration of financial transactions across multiple administrative systems,
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reducing manual entry, improving data quality, and allowing EPA to input and access data more easily and standardize reporting as payment
processing is moved to a federal shared service provider.
Strategy 4: Strengthen Tribal, State, and Local Partnerships and Enhance Engagement—Collaborate and engage effectively
with Tribal nations in keeping with the Federal Government's trust responsibilities, state and local governments, regulated entities, and the
public to protect human health and the environment.
Long-Term Performance Goal: By September 30, 2026, consider Tribal treaty rights as part of all EPA Tribal consultations that may affect Tribal
treaty rights.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM EC41) Percentage of EPA Tribal consultations that may affect Tribal treaty rights
that consider those rights as part of the consultation.
20
25
Percent
Above
Target
Metric Details: This measure tracks the annual percentage of EPA Tribal consultations that may affect Tribal treaty rights that consider those rights
as part of the consultation, consistent with the EPA Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal
Treaty Rights (https://www.epa.gov/tribal/epa-policy-consultation-and-coordination-indian-tribes-guidance-discussing-tribal-treaty) which
establishes clear Agency standards for consultations when an EPA action or decision may affect tribal treaty rights. Data are collected in
EPA's Tribal Consultation Opportunities Tracking System, a publicly accessible database used to communicate upcoming and current EPA
consultation opportunities to tribal governments that documents EPA consultations using the tribal treaty rights guidance. The system provides a
management, oversight, and reporting structure that helps ensure accountability and transparency.
Long-Term Performance Goal: By September 30, 2026, eliminate the backlog of overdue Freedom of Information Act (FOIA) responses,
compared to the FY 2021 baseline of 1,056.
Annual Performance Goal
FY 2022
Target
FY 2023
Target
Units
Preferred
Direction
(PM F02) Number of FOIA responses in backlog.
845
634
Responses
Below
Target
Metric Details: This measure tracks EPA's responsiveness to the public by measuring progress toward reducing EPA's backlog of responses to
FOIA requests. Overdue responses are indicated in FOIAonline.gov as pending beyond the statutory deadline of 20 working days for simple
requests, 30 days or longer for unusual circumstances (e.g., complex requests), or another timeframe to which the requestor has agreed. EPA
receives approximately 7,500 FOIA requests annually. There were 1,056 overdue FOIA requests as of FY 2021.
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Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - FY 2023 Annual Evaluation and Other Evidence-Building Activities
EPA FY 2023 Annual Evaluation Plan 947
EPA FY 2023 Annual Plan for Evidence-Building Activities 951
Evidence-Building Activities Supporting EPA's Learning Agenda 951
Other EPA Evidence-Building Activities 957
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EPA FY 2023 Annual Evaluation Plan
The Foundations for Evidence-Based Policymaking Act (Evidence Act) provides a framework to
promote a culture of evaluation and continuous learning to ensure Agency decisions are made
using the best available evidence. EPA's FY 2023 Annual Evaluation Plan (AEP) describes
significant program evaluations the Agency plans to undertake in FY 2023. The Agency's FY2023
AEP includes program evaluations that assess program outcomes, support program improvement,
and aid decision making,
Office of Chemical Safety and Pollution Prevention (OCSPP)
Title
EPA-Supported WPS Training of Farmworkers
Lead National Program
Office of Chemical Safety and Pollution Prevention
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 7: Ensure Safety of Chemicals for People and the Environment
Objective 7.1: Ensure Chemical and Pesticide Safety
Planned start date
October 2022 Planned completion date September 2023
Purpose and description: EPA provides funding through a five-year cooperative grant to train
farmworkers in accordance with the Agricultural Worker Protection Standard (WPS) rule. WPS
pesticide safety training is an annual requirement. This activity will assess the number of
individuals trained and the effectiveness of the training.
Programmatic or policy decisions this activity will inform: Effectiveness and scope of the
EPA-supported WPS training.
Question(s) this activity will address:
• How many farmworkers are receiving EPA-supported annual training required under the WPS
rule, and what is their knowledge retention of the material?
• Is EPA funding under the grant resulting in quality training? Is the grantee fulfilling the
conditions of the grant in a satisfactory manner?
Data, tools, method/analytical approach: Data will include critical datasets from the grantee,
including the number of individuals trained in WPS as well as the results from pre- and post-
assessments given to the trainees to determine knowledge gained about WPS and knowledge
comprehension. The Office will assess whether additional data-gathering will need to be
conducted as part of the assessment's data collection plan.
Anticipated challenges and proposed solutions: The COVID-19 public health emergency may
continue to influence the grantee's ability to conduct training. Social distancing and other COVID
protection strategies, such as smaller training groups, can result in fewer trained. Remote training
also may present technical challenges for some workers. In-person training is the preferred method
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to engage with trainees; the grantee and agricultural establishments will continue to implement
strategies to address the pandemic-related obstacles while meeting the training needs.
Dissemination of findings: Information used in this evidence gathering will be made publicly
available in the Annual Reports on PRIA Implementation ("https://www.epa.gov/pria-fees/annual-
reports-pria-implementation). Information and any findings also will be shared with appropriate
EPA staff and management.
Title
IT Modernization of EPA Pesticide Tracking Systems
Lead National Program
Office of Chemical Safety and Pollution Prevention
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 7: Ensure Safety of Chemicals for People and the Environment
Objective 7.1: Ensure Chemical and Pesticide Safety
Planned start date
April 2019
Planned completion date
September 2023
Purpose and brief Description: Background: In 2019, EPA kicked off Phase 1 of a multi-year
digital transformation to create a fully electronic workflow for EPA registration and reevaluation
activities. This effort builds on the 2016 launch of the Pesticide Submission Portal, a secure, web-
based portal in EPA's Central Data Exchange (CDX) environment through which the public can
electronically submit applications for EPA assessment. In mid-2020, a pilot of the new system
went live for one of the three regulatory divisions within the Office of Pesticide Programs (OPP),
as well as the Information Technology and Resource Management Division (ITRMD) which in-
processes all applications. In early 2021, a second regulatory division in OPP entered the pilot.
The pilot is specific to registration application workflows under the Pesticide Registration
Improvement Act (PRIA) and its reauthorizations.
Purpose and description: The next phase of the effort will be development of additional
workflows and expansion to all of the divisions in the OPP that support registration and
reevaluation regulatory activities. By improving the employee and user experience, and, later,
improving the customer experience, EPA will enhance the ability of the regulated community,
other stakeholders, partners, and the American public to directly engage with the regulatory and
science efforts.
Programmatic or policy decisions this activity will inform: Digital transformation to a single
system will inform additional IT system development and facilitate enterprise resilience through
strategic planning, proactive risk management, effective organizational change management and
capacity planning, as well as emergent technologies. Managers will be able to monitor task
assignments throughout their organizational unit, while leaders will be able to see the progress and
timeliness of all registrations and registration review cases Predictive algorithms will help
determine where skills gaps lie so targeted hiring decision can be applied to remove bottlenecks.
Employees also will have access to assessment data in one place and augmented intelligence tools
being built into the new system will eventually automate administrative tasks, allowing staff to
focus on tasks that bring a higher efficiency and rigor to the science. Robotic Process Automation
(RPA) will enable automation of many routine tasks allowing the scientists and regulatory
specialists to focus on higher value work.
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Question(s) this activity will address: How does a fully electronic workflow for EPA registration
and reevaluation activities affect EPA employee work processes, such as the timeliness and
efficiency of reviews?
Data, tools, method/analytical approach: Data from EPA's PRISM and OPPIN systems
measuring how much time is spent at each stage of the risk assessment will allow EPA to establish
a baseline and assess improvement in the overall review processes for registration and registration
review cases. The Salesforce interface currently being piloted for antimicrobial and biopesticide
applications will allow EPA to establish baselines for how much time is spent at each stage and
assess improvement in review processes supporting new active ingredients registration
determinations. In addition, the augmented intelligence and advance data analytics within
Salesforce will allow EPA to identify stages in the review process that present bottlenecks,
allowing further system development and/or resource allocation to address identified concerns.
Anticipated challenges and proposed solutions: OCSPP is currently awaiting award of the
Mission Support IT Contract to continue work on the digital transformation. Current contracts
supporting development and operations and maintenance of systems expire in November, thereby
making the award of the new contract urgent.
Dissemination of findings: Process improvements relating to pesticide registration and
registration review activities, as well as information technology improvements, are described
annually in the PRIA annual report (https://www.epa.gov/pria-fees/annual-reports-pria-
implementation). Information and any findings also will be shared with appropriate EPA staff and
management.
Office of Land and Emergency Management
Title
Gathering Data on Results of Newly Required Annual and Triennial
Testing to Evaluate Impacts of U.S. EPA's 2015 Federal
Underground Storage Tank Regulation.
Lead National Program
Office of Land and Emergency Management
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 6: Safeguard and Revitalize Communities
Objective 6.2: Reduce Waste and Prevent Environmental
Contamination
Planned start date
January 2022 Planned completion date January 2023
Purpose and brief Description: The purpose of this study is to understand how newly required
Underground Storage Tank (UST) compliance testing requirements included in the 2015 updated
UST regulation impacted the number of tests conducted to achieve a passing compliance test result.
To this end, EPA's Office of Underground Storage Tanks (OUST) plans to collect failing and
passing test counts for four newly required UST compliance tests over a six-year period from
2015-2021 within 17 states and territories whose compliance deadlines fell before the end of 2021.
OUST will submit an information collection request (ICR) to covering this data gathering
activities; After the ICR is approved, OUST will task a contractor with collecting the information
from a census of 120 UST compliance testing companies, who conduct the compliance tests,
within these 17 states.
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Programmatic or policy decisions this activity will inform: This study will help OUST to better
understand the impacts of the new requirements included in the 2015 update to UST regulations.
OUST will share the information from the study with implementing agencies, who may use the
information to better target resources and compliance assistance efforts. The information will help
OUST plan outreach and technical assistance, may help to inform future EPA rulemaking efforts.
Question(s) this activity will address:
• Does the inclusion of four new operation and maintenance compliance requirements, which
require a UST owner/operator to achieve a passing test result at least every one or three years,
improve release prevention efforts (as measured by fewer tests required per each passing test
result) by incentivizing owners/operators to better maintain required safety equipment or
rapidly replace this equipment when necessary?
• Which, if any, required equipment poses more frequent operation and maintenance challenges?
How EPA and implementing agencies can best target compliance assistance or enforcement
efforts most effectively?
Data, tools, method/analytical approach: OUST will use data on the number of failing and
passing test results for each of four types of compliance tests conducted from the period 2015-
2021 within 17 states and territories. OUST plans to use a contractor to collect this information
from a census of 120 UST compliance testing companies operating in these states. OUST will
work with an EPA economist to analyze the information collected and determine whether
statistically significant conclusions may be drawn about changes in passing test rates over the two
three-year periods of the study. OUST developed a data submission template to share with
respondents.
Anticipated challenges and proposed solutions: Since the study will collect information from a
census of 120 UST compliance testing companies, EPA anticipates challenges in participation
from all respondents due to the burden of reporting the information. EPA anticipates higher
participation rates from larger compliance testing companies. EPA plans to collect information
that will allow us to weight results to represent the entire population, rather than equally weighting
only those who choose to respond, which would bias results in favor of larger companies who are
likely to represent larger owner/operators.
Dissemination of findings: The summary of the results will be shared with regional, state, and
industry partners and on EPA's website within the OUST page. Information and any findings also
will be shared with appropriate EPA staff and management.
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EPA FY 2023 Annual Plan for Evidence-Building Activities
The Foundations for Evidence-Based Policymaking Act (Evidence Act) provides a framework to
promote a culture of evaluation and continuous learning to ensure Agency decisions are made
using the best available evidence. EPA's FY 2023 Annual Plan for Evidence-Building Activities
describes Agency plans for significant evidence-building across a range of program areas. In this
section EPA describes evidence-building activities other than program evaluation730, such as data
analysis, foundational fact finding, research, statistical analysis, continuous process improvement,
and performance measurement. This document shares examples of evidence-building that supports
EPA's decision-making in response to Administration priorities, Congressional mandates, and
management priorities.
The first part of this document gives an overview of EPA's evidence-building activities in support
of the Agency's Learning Agenda, which is part of the FY 2022 - 2026 EPA Strategic Plan. This
part is organized by Learning Priority Area. The second part of this document, the Other Evidence-
Building Activities, is organized by national program.
Evidence-Building Activities Supporting EPA's Learning Agenda
Expanding EPA's Toolkit of Air Benefits Assessment Methodologies and
Practices
Lead National Program
Office of Air and Radiation
Strategic Goal and
Objective supported
Goal 4: Ensure Clean and Healthy Air for All Communities
Objective 4.1: Improve Air Quality and Reduce Localized Pollution
and Health Impacts
Planned start date
October 2022
Planned completion date
September 2023
Purpose and brief Description: EPA uses well-established methods for estimating the health
benefits associated with reductions in some pollutants. However, as noted by scientific bodies
including the NAS and SAB731, there are areas where the science of air pollution effects
continues to advance and there are benefits that EPA does not currently quantify and monetize.
Programmatic or policy decisions this activity will inform: This activity will improve EPA's
ability to: (1) characterize the health benefits of improved air quality within Environmental
Justice communities; (2) account for the role of air pollution in promoting the progression of
chronic disease and subsequent death; (3) quantify the health benefits of toxic air pollutants.
730 For descriptions of significant program evaluations, please see EPA's FY2023 Annual Evaluation Plan
731 National Research Council. 2002. Estimating the Public Health Benefits of Proposed Air Pollution Regulations. Washington,
DC: The National Academies Press.https://doi.org/10.17226/10511. National Research Council. 2008. Estimating Mortality Risk
Reduction and Economic Benefits from Controlling Ozone Air Pollution. Washington, DC: The National Academies
Press.https://doi.org/10.17226/12198.
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Question(s) this activity will address:
• What are the health benefits of reducing human exposures to air pollutants not currently
quantified, particularly those related to hazardous air pollutants (HAPs)?
• What are the health benefits of reducing the risk of air pollution-related effects that are
challenging to quantify but nonetheless important to the exposed populations?
• What are the benefits of health outcomes that cannot yet be valued using Willingness-to-Pay
or other measures of economic value?
• How can we account for sequelae and the progression of disease when quantifying benefits?
Data, tools, method/analytical approach: Addressing the above questions will require access
to economic and health datasets providing information on health effect incidence, health
outcomes, and health care expenditures. We would apply these newly developed techniques
using existing Agency tools, including the environmental Benefits Mapping and Analysis
Program (BenMAP).
Anticipated challenges and proposed solutions: Addressing questions of the scope and
complexity of those above will require significant contract resources and additional FTE (in
particular, economists, biostatisticians and air pollution epidemiologists).
Dissemination of findings: Project materials will be made available through the EPA website.
Information and any findings also will be shared with appropriate EPA staff and management.
Drinking Water Systems Out of Compliance
Lead National Program
Office of Enforcement and Compliance Assurance
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 3: Enforce Environmental Laws and Ensure Compliance
Objective 3.2: Detect Violations and Promote Compliance
Planned start date
October 2022 Planned completion date September 2023
Purpose and description: Drinking water noncompliance is greatest in small, disadvantaged
communities and may be higher than EPA data suggests due to failures to monitor and report. The
Drinking Water Systems out of Compliance learning priority area in EPA's Learning Agenda aims
to increase drinking water compliance rates through evaluation of key program components
identified by stakeholder experts.
Office of Enforcement and Compliance Assurance (OECA), Office of Water (OW), and the
Drinking Water Systems out of Compliance learning priority workgroup are assessing drinking
water data reported to EPA to determine whether it accurately measures national compliance and
substantiates EPA policy decisions; considering noncompliance root causes and corresponding
technical/managerial/financial factors; and testing efficacy of technical assistance, enforcement,
and state oversight.
The assessments, once complete, will identify key water system characteristics for which EPA and
states should focus its policies and the most effective way to apply compliance assurance tools for
increasing compliance in the drinking water program.
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OECA anticipates FY2023 funds will support finalizing Question 1 - access to data for measuring
drinking water compliance; completing Question 2 - root cause analysis of system compliance;
and conducting prospective studies for Question 3 - efficacy of enforcement on compliance.
EPA/OECA anticipate beginning work on questions 4 and 5 in future years.
For Question 1, OECA developed a detailed work plan for assessing Safe Drinking Water
Information System (SDWIS) data quality and determining if sample results data provide better
insight into compliance. Existing reports and audits on SDWIS data quality have been reviewed
for data quality issues, program file review reports are being reviewed and OECA is in the process
of securing states' sample results data to compare to SDWIS data as a quality check. In FY 2021,
OECA synthesized information from existing assessments of the quality of EPA's drinking water
data for Question 1. EPA also has begun analyzing existing information for Questions 2 and 3.
In FY 2023, for Questions 2 and 3, those analyses will continue and OECA will conduct work to
determine root causes of compliance and to assess the influence of enforcement and inspection
activities on compliance, which may include planning for randomized control trial studies -
especially likely for Question 3.
Programmatic or policy decisions this activity will inform: Applying compliance assurance
tools to effectively increase drinking water compliance rates.
Question(s) this activity will address:
• Does EPA have ready access to data to measure drinking water compliance reliably and
accurately?
• What factors determine system noncompliance and optimal performance?
• Does increased use of compliance assurance tools (inspections and enforcement) improve
system compliance, and if so under what circumstances?
• How can EPA determine if a system has the technical, managerial, and financial capacity to
provide safe water on a continuous basis to its customers?
• What EPA oversight activities are effective at assessing and improving state programs' ability
to drive compliance?
Data, tools, method/analytical approach: Question 2 Root Cause Analysis: The analysis will
identify key system characteristics associated with noncompliance and continual compliance using
the Agency's existing correlative and anecdotal data. Systems would likely be stratified by
categories such as tribal versus non-tribal, rural versus urban, to identify system characteristics
that correlate with compliance performance trends. This question seeks to identify the variation in
challenges systems start with and how those challenges affect compliance rates. EPA's objective
is to then acquire empirical evidence on the causal factors that lead to noncompliance and, on the
positive side, optimal system performance.
Question 3 Enforcement and Inspection Efficacy: In future years, the Agency will empirically test
the impact of increased use of compliance monitoring inspections and enforcement actions as
compared to the status quo practice of heavily relying on sanitary surveys and other types of
assistance. This priority question complements the Drinking Water National Compliance Initiative
(NCI), EPA's increased use of inspections and enforcement for drinking water compliance could
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be planned such that those activities form the basis of a prospective study to inform the evaluation.
The results of the study could inform future compliance assurance strategies either as part of or
beyond the NCI.
Anticipated challenges and proposed solutions: Dependent on high stakeholder engagement and
participation (states, academic institutions, EPA management and staff, etc.)
Dissemination of findings: Final reports will be posted publicly on EPA's website. Information
and any findings also will be shared with appropriate EPA staff and management.
Workforce Planning
Lead National Program
Office of Mission Support (OMS)
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Cross-Agency Strategy 3: Advance EPA's Organizational Excellence
and Workforce Equity
Planned start date
October 2022
Planned completion date
September 2023
Purpose and description: EPA identified Human Capital Management as an Enterprise Risk due
to the high number of staff eligible for retirement and EPA's aging workforce. The Workforce
Planning learning priority area in EPA's Learning Agenda will develop an evidence-based
roadmap for how EPA can ensure it has employees with the competencies needed to achieve its
mission now and in the future. It also will help determine the overall processes required to cultivate
and manage the workforce, while anticipating internal and external changes, and continuously
maximizing the efficiency and effectiveness of the Agency's Human Resources services.
Programmatic or policy decisions this activity will inform: Near and long-term strategies to
attract, recruit, train, and retain a diverse and effective workforce.
Question(s) this activity will address:
• Does EPA have access to the tools and strategies needed to analyze and understand the
Agency's near and long-term workforce needs?
• What are the critical skills needed to support the Agency' s mission, now and in the future?
• What are the best strategies to attract, recruit, train, and retain a diverse workforce? What
makes people stay in the Agency long-term?
• What is the best way to ensure knowledge is transferred from outgoing to current and
incoming staff to support succession planning?
Data, tools, method/analytical approach: EPA will enhance the Agency's competency
assessment tool and conduct skills assessments for the Agency's Mission Critical Occupations
(MCOs). In this activity, the Agency will first revalidate its MCOs to ensure the correct positions
and competencies are assessed. The Agency also will enhance EPA's competency assessment tool
and conduct skills gap analyses among its Agency-specific MCOs. EPA will analyze internal and
external recruitment strategies, enhance employee engagement strategy, develop an employee
career progression model; and conduct an attrition cause analysis. EPA has various data sets and
tools to capture employee demographic, hiring, and attrition data, but no current agencywide data
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sets exist on current and future employee skills and competencies. To develop such data sets, EPA
will use internal and contractor support to gather information from various internal and external
stakeholders, including but not limited to: EPA employees and supervisors, the Human Resource
Officer/Program Management Officer (HRO/PMO) community, Human Resources Council, First
Line Supervisor Advisory Group (FLAG), senior leaders, and members of the external human
resources academic and practitioner community. Surveys, literature reviews, focus groups,
interviews, and other quantitative and qualitative methods will be used to obtain needed
information. Cost-benefit analysis, benchmarking, and appropriate quantitative and qualitative
analyses will be used along with other analytical approaches. Data will be managed consistent with
security and privacy requirements.
Anticipated challenges and proposed solutions: There might be low participation among
stakeholders in the assessment and analysis of the four workforce priority questions. This possible
challenge will be mitigated by enlisting the buy-in and support of senior leaders, the Human
Resources Council, and other key stakeholders to help promote the process prior to its start and
keeping in constant contact with those stakeholders during the evaluation and analysis process.
Dissemination of findings: The identified workforce activities are considered key components of
management's strategic decision-making process; findings will be shared consistent with
requirements related to information that may be privileged or prohibited from disclosure. It is
anticipated relevant results will be shared with internal stakeholders, including senior leaders and
EPA's Human Resource Officer/Program Management Officer community. Aggregate
information on findings might be shared with other federal agencies and/or publicly.
Grant Commitments met
Lead National Program
Office of the Administrator/Office of Congressional and
Intergovernmental Relations
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Cross-Agency Strategy 4: Strengthen Tribal, State, and Local
Partnerships and Enhance Engagement.
Planned start date
October 2022
Planned completion date
September 2023
Purpose and description: Every year, EPA awards over $4 billion in grants and other assistance
agreements. Through these grants, EPA helps to protect human health and the environment through
the work of its grantees. The goal of the Grant Commitments Met learning priority area in EPA's
Learning Agenda is to learn whether grant program accomplishments achieve the intended
environmental results and to build a comprehensive system for tracking and reporting grant
program outputs and outcomes by collecting and analyzing data and information on the Agency's
practices for tracking and reporting grant program outputs and outcomes.
The Agency Learning Agenda outlines work to establish the baseline, assess the current state,
define the future state, and begin grant program reviews. This effort spans three fiscal years,
FY2021 through FY2023. Beyond FY2023, it is anticipated that the Agency will implement a
regular schedule of grant program reviews.
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Programmatic or policy decisions this activity will inform: Practices and tools to effectively
track whether grantees are fulfilling their workplan grant commitments, including outputs and
environmental outcomes.
Question(s) this activity will address:
• How are the Agency' s grant programs meeting their intended purpose?
• What data and information exists to provide a baseline assessment of the Agency's grant and
tracking systems?
• Which criteria are used to assess the ability of programs to successfully monitor grantee
performance?
Data, tools, method/analytical approach: EPA is surveying all active EPA grant programs to
determine the universe of existing grant reporting and tracking systems. The surveys are intended
to provide the data and information needed to understand existing Agency approaches and
processes for collecting, monitoring, reporting, and evaluating grant commitments. These data will
provide a baseline inventory of what the Agency's grant programs are collecting and how the
national programs are using the grant commitment information. Preliminary analyses are defining
the current state of the Agency's grant commitment tracking and serve as the foundation for
answering the Learning Agenda questions planned for FY2022 and FY2023.
EPA is comparing the current state of grants management to an ideal future state, considering the
programmatic and statutory requirements unique to each grant program, and available tools for
programmatic monitoring. A workgroup will develop criteria to assess the ability of programs to
successfully monitor grantee performance, with a specific focus on tracking environmental
outcomes and outputs. This activity will inform the next phase (Learning Agenda Question 2),
which will analyze the Agency's ability to review progress made in protecting human health and
the environment through its grant programs and demonstrate how EPA's grants programs are
achieving the intended environmental results.
Anticipated challenges and proposed solutions: Dependent on high stakeholder engagement and
participation (states, academic institutions, EPA management and staff, etc.)
Dissemination of findings: Final reports will be posted publicly on EPA's website. Information
and any findings also will be shared with appropriate EPA staff and management.
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Other EPA Evidence-Building Activities
Office of Air and Radiation (OAR)
Title
Title V Permitting Program Reviews
Lead National Program
Office of Air and Radiation
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Goal 4: Ensure Clean and Healthy Air for All Communities
Objective 4.1: Improve Air Quality and Reduce Localized Pollution
and Health Impacts
Planned start date
October 2022
Planned completion date
September 2023
Purpose and description: EPA periodically assesses state and local permitting programs,
including the sufficiency of fees collected, under Title V of the Clean Air Act as part of its
responsibility to oversee delegated and approved air permitting programs.
Programmatic or policy decisions this activity will inform: In general, these analyses identify
good practices, document areas needing improvement, and inform how EPA can help the
permitting agencies improve their performance.
Question(s) this activity will address:
• What are some good practices and areas of improvement in state and local permitting programs
under Title V of the Clean Air Act?
• How can EPA help the permitting agencies improve their performance?
Data, tools, method/analytical approach: In general, EPA uses a questionnaire to gather
preliminary information, reviews files maintained on permits, conducts site visits, and follows up
with the permitting program to clarify information in conducting a Title V program assessment.
Anticipated challenges and proposed solutions: The Agency conducts these analyses annually
and does not anticipate challenges.
Dissemination of findings: The Title V Permit analyses are posted on; website. Information
and any findings also will be shared with appropriate EPA staff and management.
Title
Our Nation's Air: Status and Trends Through 2021
Lead National Program
Office of Air and Radiation
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Goal 4: Ensure Clean and Healthy Air for All Communities
Objective 4.1: Improve Air Quality and Reduce Localized Pollution
and Health Impacts
Planned start date
October 2022
Planned completion date
September 2023
Purpose and description: EPA is committed to protecting public health and the environment by
improving air quality and reducing air pollution. This annual report presents the trends in the
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nation's air quality and summarizes the detailed information found at EPA's Air Trends website
and other air quality and emissions data.
Programmatic or policy decisions this activity will inform: This activity provides an annual
assessment of air quality in an accessible format, allowing EPA, states, and other stakeholders to
understand how air quality is changing both in their local area and across the nation. Stakeholders
can use this information to help inform their decisions in their air quality programs.
Question(s) this activity will address:
• Where are areas experiencing air quality above the national ambient air quality standards?
• Are these areas trending toward improving air quality?
Data, tools, method/analytical approach: Existing data is pulled from several sources to generate
the report such as the National Emission Inventory (NEI) and Air Quality System (AQS).
Anticipated challenges and proposed solutions: The Agency produces this report annually and
does not anticipate challenges. This activity is contingent upon air quality data availability from
state, local, and tribal air pollution control agencies.
Dissemination of findings: This report is annually included on aids website.
Information and any findings also will be shared with appropriate EPA staff and management.
Office of Chemical Safety and Pollution Prevention (OCSPP)
Title
TSCA Risk Evaluation and Management Activities
Lead National Program
Office of Chemical Safety and Pollution Prevention
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 7: Ensure Safety of Chemicals for People and the Environment
Objective 7.1: Ensure Chemical and Pesticide Safety
Planned start date
October 2022 Planned completion date September 2023
Purpose and description: OCSPP's Office of Pollution Prevention and Toxics (OPPT) will
continue to stand up a project management program that eventually will support all major activities
in the office. A primary area in which this effort is expected to contribute is the planning and
execution of risk evaluation and risk management actions taken by EPA under TSCA.
Programmatic or policy decisions this activity will inform: This activity will inform the
understanding of how is meeting TSCA's mandates and how this can be improved, as well as what
appropriate measures are for tracking performance.
Question(s) this activity will address: Can the processes currently used to develop TSCA risk
evaluations and risk management actions be improved?
Data, tools, method/analytical approach: Critical data sets include performance metric targets
and results and any other data sets that could point to a need for operational improvements. For
some aspects of this work, new information will be developed to establish a baseline for future
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measurement. The project management approach and tools will be used to understand, plan, and
improve TSCA implementation.
Anticipated challenges and proposed solutions: OCSPP does not anticipate major challenges,
but the adoption of new approaches across a highly technical and complex program will take time
to realize results. Similarly, TSCA timelines for risk evaluation and risk management actions run
for about five years per chemical, so improvements may not be able to be demonstrated
immediately.
Dissemination of findings: OCSPP will make results publicly available via performance
reporting. Information and any findings also will be shared with appropriate EPA staff and
management.
Title
Effectiveness of OCSPP Pollution Prevention Activities
Lead National Program
Office of Chemical Safety and Pollution Prevention
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 7: Ensure Safety of Chemicals for People and the Environment
Objective 7.2: Promote Pollution Prevention
Planned start date
October 2022 Planned completion date September 2023
Purpose and description: The Pollution Prevention (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, which also advances EPA's chemical risk reduction and management goals
under the Toxic Substances Control Act (TSCA); reductions in the generation of greenhouse gases;
and reductions in the use of water. As a result of these preventative approaches, the P2 Program
helps businesses and others reduce costs and access market opportunities.
Programmatic or policy decisions this activity will inform: The review will assess the degree
of progress and effects of the P2 Programs, as well as the utility of performance measures (APG,
LTPG, internal operational metrics) for the Program.
Question(s) this activity will address:
• What are the effects of EPA's P2 Program on different stakeholders' outcomes?
• What is the potential pace of the Safer Choice Program when appropriately resourced?
Data, tools, method/analytical approach: Critical data sets include data collected as part of the
P2 Program, the existing list of Safer Choice products, and performance metric targets and results
and any other data sets that could point to a need for operational improvements.
Anticipated challenges and proposed solutions: OCSPP does not anticipate any major
challenges in gathering relevant data.
Dissemination of findings: OCSPP will make results publicly available via performance
reporting. Information and any findings also will be shared with appropriate EPA staff and
management.
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Title
Reducing Use of Animals in Chemical Testing
Lead National Programs
Office of Chemical Safety and Pollution Prevention and Office of
Research and Development
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 7: Ensure Safety of Chemicals for People and the
Environment
Objective 7.1: Ensure Chemical and Pesticide Safety
Planned start date
October 2020 Planned completion date October 2035
Purpose and description: OCSPP and ORD have been world leaders in advancing the science of
moving away from the use of animals for toxicity testing. In June of 2020, EPA released, "New
Approach Methods Work Plan: Reducing Use of Animals in Chemical Testing," which provides
a workplan to develop metrics for reducing the use of mammalian laboratory animals in both
research and for safety evaluations for pesticides and industrial chemicals.
Additionally, the U.S. Government Accountability Office (GAO) released a report to Congress in
2019 recommending that Federal agencies develop metrics to assess the progress made toward
reducing, refining, and replacing animal use in testing. EPA implemented activities and policies
over the past several years that demonstrate significant reductions in the number of animals used
in testing and saving resources for the Agency and stakeholders.
Programmatic or policy decisions this activity will inform: OCSPP primarily uses laboratory
animal data for assessing the risks of pesticides and industrial chemicals under FIFRA and TSCA.
This effort will support metrics that show progress regarding the move away from this historical
paradigm towards replacing animal studies with new approach methods that are more efficient and
more human relevant.
Question(s) this activity will address:
• What progress is being made towards achieving the goal of reducing mammal study requests
and funding by 30 percent by 2025?
• What progress is being made towards achieving the goal of eliminating mammalian study
requests and funding by 2035?
Data, tools, method/analytical approach: OCSPP tracks the reduction and replacement metrics
through internal committees, primarily the Hazard and Science Policy Council (HASPOC) and the
Chemistry and Acute Toxicology Science Advisory Council (CATSAC) and division-level
processes.
OCSPP is in the process of an Analysis of TSCA Available, Expected and Potentially Useful
Information (ATAEPI) that will provide the foundation for developing metrics for TSCA-specific
activities in this area.
Anticipated challenges and proposed solutions: Under TSCA, there is no defined set of
toxicology data requirements which makes establishing baselines difficult. In addition, OCSPP
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needs to develop the processes for tracking and working towards publicly accessible metrics where
the submitted data are protected as TSCA CBI.
Accelerating progress towards adopting new approach methods requires the availability of
approaches that are "equal to or better than" the typically used animal studies. Other activities
described in the June 2020 workplan will address this challenge.
Dissemination of findings: EPA efforts to reduce use of animals in chemical testing is reported
in the Annual Reports on PRIA Implementation. In the future, OCSPP also will publish metrics
on its website. Information and any findings also will be shared with appropriate EPA staff and
management.
Title
Pesticide Registration Review
Lead National Program
Office of Chemical Safety and Pollution Prevention
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 7: Ensure Safety of Chemicals for People and the Environment
Objective 7.1: Ensure Chemical and Pesticide Safety
Planned start date
October 2022 Planned completion date September 2023
Purpose and description: Review will assess the degree of progress and timely completion of
docket openings, draft risk assessments, and case completions for the second cycle of registration
review.
Programmatic or policy decisions this activity will inform: Decisions on whether any changes
are needed to performance measures or the process for completion of pesticide registration review
activities.
Question(s) this activity will address:
• Do OCSPP's processes for meeting registration review statutory timeframes warrant further
revision?
• Should OCSPP develop a new suite of performance measures to measure current or new
processes, and if so, what are the options?
Data, tools, method/analytical approach: Critical data sets include performance metric targets
and results and any other data sets that could point to a need for operational improvements.
Anticipated challenges and proposed solutions: OCSPP does not anticipate any major
challenges in gathering performance data. Expert input will be brought to bear on any challenges
and possibility that solutions will be needed.
Dissemination of findings: OCSPP will make results publicly available via performance
reporting. Information and any findings also will be shared with appropriate EPA staff and
management.
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Title
ESA Effects Determinations for Listed Species
Lead National Program
Office of Chemical Safety and Pollution Prevention
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 7: Ensure Safety of Chemicals for People and the Environment
Objective 7.1: Ensure Chemical and Pesticide Safety
Planned start date
October 2022 Planned completion date September 2023
Purpose and description: The Endangered Species Act (ESA) requires that the actions of federal
agencies do not jeopardize the continued existence of federally threatened or endangered species
or destroy or adversely modify their critical habitat. EPA is developing a process to incorporate
ESA determinations into its new active ingredient registration process and to work towards more
routine considerations of ESA determinations for registration review decisions. EPA anticipates
integrating ESA considerations into its new active ingredient registrations and registration review
decisions at an increasing frequency over the next 5 years.
Programmatic or policy decisions this activity will inform: Decisions on whether any changes
are needed to the processes for incorporating ESA effects determinations into OSCPP's risk
assessments supporting registration and registration review activities.
Question(s) this activity will address:
• Do OCSPP's processes for developing ESA effects determinations warrant further revision?
• Should OCSPP develop a new suite of performance measures to measure current or new
processes, and if so, what are the options?
Data, tools, method/analytical approach: Critical data sets include EPA workflow tracking
systems and stand-alone reports on ESA-related risk assessment activity and label mitigation.
Tools and analytical methods listed above would not be needed for this exercise.
Anticipated challenges and proposed solutions: OCSPP does not anticipate any major
challenges in gathering performance data. Expert input will be brought to bear on any challenges
and possibility that solutions will be needed.
Dissemination of findings: OCSPP will make results publicly available via performance
reporting. Information and any findings also will be shared with appropriate EPA staff and
management.
Office of Enforcement and Compliance Assurance (OECA)
Title
Compliance Learning Agenda
Lead National Program
Office of Enforcement and Compliance Assurance
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Goal 3: Enforce Environmental Laws and Ensure Compliance
Objective 3.2: Detect Violations and Promote Compliance
Planned start date
To be determined Planned completion date To be determined
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Purpose and description: OECA is developing a compliance learning agenda in collaboration
with states, Tribes, and academics to improve the effectiveness of enforcement and compliance
programs, approaches, and tools. With cross-agency participation, OECA will support a venue for
EPA, states, Tribes, and territories to collaborate on prioritizing the most pressing programmatic
questions; planning evidence-based studies to address these questions; and identifying effective
and innovative approaches for improving compliance. OECA anticipates finalizing the compliance
learning agenda by the end of FY 2022, with projects beginning and/or continuing through FY
2023.
Programmatic or policy decisions this activity will inform: Projects produced from the
compliance learning agenda will inform compliance program improvements and innovative
enforcement remedies.
Question(s) this activity will address:
[NOTE: This list is expected to be refined by OECA in conjunction with state, Tribe and territory
co-regulators, as well as academic experts and other stakeholders.]:
• Do formal enforcement approaches achieve similar levels of compliance?
• What are the effects of different data sharing/transparency models on compliance rates for
regulated facilities (federated vs. non-federated)?
• What is the relative value of onsite vs. offsite compliance monitoring activities?
• What are the circumstances under which provision of compliance assistance is effective in
producing improved compliance?
Data, tools, method/analytical approach: EPA will leverage and/or create critical data sets use
Agency systems along with obtaining relevant and germane data and information from outside
parties. Identify any tools (e.g., statistical software, models, sensors) that will be used, the method
(e.g., survey instrument, literature review, data mining), and any analytical approach that will be
used (e.g., A/B analysis, benefit-cost analysis, statical regression, trend analysis). Additional data,
tools, and methods to be determined, working with stakeholders.
Anticipated challenges and proposed solutions: Anticipated challenges include the availability
of relevant and reliable data, as well as the ability of key partners such as EPA regions, EPA, states,
Tribes, and territories to undertake activities that generate new data. To help overcome this
challenge, OECA has partnered with the E-Enterprise Leadership Council (EELC) and have
invited the Environmental Council of States (ECOS), and the National Tribal Council (NTC) to
participate in the workgroup to draft the learning agenda.
Dissemination of findings: OECA anticipates making project(s) findings public including with
states and Tribes through the EELC and other partnerships. Information and any findings also will
be shared with appropriate EPA staff and management.
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Office of Land and Emergency Management
Title
OLEM Population Analysis
Lead National Program
Office of Land and Emergency Management
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 6: Safeguard and Revitalize Communities
Objective 6.1: Cleanup Up and Restore Land for Productive Uses
and Healthy Communities
Planned start date
January 2023 Planned completion date May 2023
Purpose and description: This is a descriptive study. The purpose is to conduct a bi-annual
analysis to support evidence-based descriptions of who benefits from EPA's cleanup and
prevention work, by collecting data on the population living within three and one mile(s) of a
Superfund site, Brownfields site, Resource Conservation and Recovery Act (RCRA) Corrective
Action (CA) site, Leaking Underground Storage Tank (LUST) site, and Underground Storage
Tank (UST) facility that exist in thousands of communities across the United States ranging from
remote to large urban settings. This analysis also supports EPA's America's Children and the
Environment Report, by estimating the number of children and their socioeconomic/demographic
characteristics who live within one mile of a RCRA CA or Superfund site that may not have had
all human health protective measures in place at the time of the analysis.
Programmatic or policy decisions this activity will inform: Populations that are more minority,
low income, linguistically isolated, or less likely to have a high school education than the U.S.
population as a whole, may have fewer resources with which to address concerns about their health
and environment. EPA includes these factors in population analyses to understand the potential for
these vulnerabilities in relation to cleanup sites at the national level. Results are included in EPA's
annual budget reviews with OMB, and in budget justifications for Congress. Results also are used
in general communications with press, other government agencies, and the public.
Question(s) this activity will address: What are the estimates for the population living within
three and one mile(s) of a Superfund site, Brownfield site, RCRA CA site, LUST site and UST
facility by Race, Ethnicity, Minority, Income, Education; Age; Linguistic isolation?732
Data, tools, method/analytical approach: OLEM will use site location and status data from the
Assessment, Cleanup and Redevelopment Exchange System (ACRES), Superfund Enterprise
Management System (SEMS) and RCRA Info for Brownfields, Superfund and RCRA CA,
respectively. Site location and status data for LUST sites and UST facilities from ORD's state
LUST/UST database. Population data from the most recent American Community Survey 5-Year
Estimates. Latitude and longitude coordinates are used to map site locations. Then 1- and 3- mile
buffers are drawn from the site location. Depending on data availability, the site location is either
a point, a modeled circular site boundary based on site acreage around a point or the actual site
boundaries. Using census block group centroids and the 1- and 3- mile buffers, the population and
732 Race - people who self-identify as white, black, Asian, Native American, Hawaiian/pacific islander, or other; Ethnicity -
people of all races who self-identify as hispanic or non-hispanic; Minority - all race and ethnicity combinations except "non-
hispanic whites"; Income - below poverty level, and incomes twice or more above poverty level; Education - less than high
school education; Age- Under 5, Under 18, over 64; Linguistic isolation: households where all members do not speak English as
a first language or "very well."
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characteristics are estimated. If the census block centroid falls within the buffer, then the
population of that census block is included in the estimation of the near site population. OLEM
compares the near site populations to the overall U.S. population to identify differences in the
characteristics listed above. OLEM follows the methods used in the America's Children and the
Environment Report Indicators E10 and Ell. For more details on the methods, see the Summary
of Methods. This spatial analysis is done using ArcGlS and R software suites.
Anticipated challenges and proposed solutions: Geospatial data available to map site boundaries
is limited. EPA continues to work to improve geospatial data on Superfund and RCRA Corrective
Action site boundaries. The LUST/UST data used was obtained from the USTFinder. The
USTFinder is a new web map application containing a comprehensive, state-sourced national map
of underground storage tank (UST) and leaking UST (LUST) data. USTFinder was made possible
by a large ORD data collection effort. Ability to update estimates for LUST/UST in the future
depends on whether ORD updates data in the USTFinder.
Dissemination of findings: EPA will share the results of these analyses on EPA's website and
include the information in Agency documents that are available to the public. Information and any
findings also will be shared with appropriate EPA staff and management.
Title
Redevelopment Economics at Remedial Sites (non-federal facility)
Lead National Program
Office of Land and Emergency Management
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 6: Safeguard and Revitalize Communities
Objective 6.1: Cleanup Up and Restore Land for Productive Uses
and Healthy Communities
Planned start date
October 2022 Planned completion date January 2023
Purpose and description: Cleaning up contaminated sites can serve as a catalyst for economic
growth and community revitalization. The Superfund Remedial Program facilitates the
redevelopment of sites across the country while protecting human health and the environment.
Collaborative efforts among state, local, and tribal partners, redevelopers and other federal agency
programs encourage restoration of sites. Since Superfund sites often encompass buildings, roads,
and other infrastructure, their effective and efficient cleanup and reuse can play a pivotal role in a
community's economic growth. EPA has initiated efforts to collect economic data at a subset of
Superfund sites.
Programmatic or policy decisions this activity will inform: Economic data are included in
budget justifications to Congress and are used in general communication with key stakeholders
and the public.
Question(s) this activity will address: The analysis will provide current, reliable business-related
information for a subset of Superfund sites in reuse and continued use. Some innovative business
owners and organizations reuse Superfund sites for a variety of purposes. These uses can help
economically revitalize communities near Superfund sites.
Data, tools, method/analytical approach: The study estimates economic activity at Superfund
sites in reuse from reputable sources based on methodology developed by EPA's Superfund
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Redevelopment Initiative and outlined on the public webpage. Information on the number of
employees and sales volume for on-site businesses typically comes from Hoovers/Dun &
Bradstreet, the ReferenceUSA and Manta databases.
Anticipated challenges and proposed solutions: There are no anticipated challenges.
Dissemination of findings: The summary of the results will be shared on EPA's website.
Information and any findings also will be shared with appropriate EPA staff and management.
Title
Redevelopment Economics at Federal Facilities
Lead National Program
Office of Land and Emergency Management
Strategic Goal,
Objective, and/or
Cross-Agency Strategy
Goal 6: Safeguard and Revitalize Communities
Objective 6.1: Cleanup Up and Restore Land for Productive Uses
and Healthy Communities
Planned start date
October 2022 Planned completion date January 2023
Purpose and description: Cleaning up contaminated sites at federal facilities can serve as a
catalyst for economic growth and community revitalization. The Superfund Federal Facilities
Program facilitates the redevelopment of federal facility sites across the country by assisting other
federal agencies (OFAs) expedite activities related to CERCLA response actions, while protecting
human health and the environment. Collaborative efforts among OF As; developers; and state,
local, and tribal partners encourage restoration of sites. Since federal facility Superfund sites often
encompass thousands of acres with buildings, roads, and other infrastructure, their effective and
efficient cleanup and reuse can play a pivotal role in a community's economic growth. EPA has
initiated efforts to collect economic data at a subset of federal facility Superfund sites that is
outlined on the public webpage Redevelopment Economics ;ii I'cderal Facilities.
Programmatic or policy decisions this activity will inform: Economic data are included in
budget justifications to Congress and are used in general communication with other Federal
agencies and the public.
Question(s) this activity will address: The analysis will provide current, reliable business-related
information for a subset of federal facility Superfund sites in reuse and continued use. Some
innovative business owners and organizations reuse Superfund sites for a variety of purposes.
These uses can help economically revitalize communities near Superfund sites.
Data, tools, method/analytical approach: The study estimates economic activity at federal
facilities Superfund sites in reuse from reputable sources based on methodology developed by
EPA's Superfund Redevelopment Initiative, which is outlined in more detail at Redevelopment
Economics at Fede ilities. Information on the number of employees and sales volume for
on-site businesses typically comes from Hoovers/Dun & Bradstreet, the ReferenceUSA and
Manta databases.
Anticipated challenges and proposed solutions: There are no anticipated challenges.
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Dissemination of findings: The summary of the results will be shared on EPA's website.
Information and any findings also will be shared with appropriate EPA staff and management.
Office of Mission Support
Title
Diversity, Equity, Inclusivity, Accessibility Plan Implementation
Lead National Program
Office of Mission Support
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Cross-Agency Strategy 3: Advance EPA's Organizational
Excellence
and Workforce Equity
Planned start date
October 2021 Planned completion date September 2026
Purpose and description: In line with President Biden's Executive Order on Diversity, Equity,
Inclusion, and Accessibility in the Federal Workforce, EPA will implement the actions identified
in the draft Diversity, Equity, Inclusion, and Accessibility (DEIA) Plan.
Programmatic or policy decisions this activity will inform: 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. For areas where evidence is lacking, the Agency will propose
opportunities advance diversity, equity, inclusion, and accessibility, addressing those gaps.
Question(s) this activity will address:
• Are Agency recruitment, hiring, promotion, retention, professional development,
performance evaluations, pay and compensation policies, reasonable accommodations
access, and training policies and practices equitable?
• What is the status and effects of existing diversity, equity, inclusion, and accessibility
initiatives or programs?
• What are the number and nature of institutional resources available to support human
resources activities?
Data, tools, method/analytical approach: Tools will include the various HR dashboards and
systems that contain demographics data that can be used to assess diversity within the Agency.
Methods and approaches will be determined following finalization of the DEIA plan.
Anticipated challenges and proposed solutions: There are no anticipated challenges.
Dissemination of findings: Results of findings will be shared with the Agency as new workforce
policies, procedures, trainings that will be used to foster a diverse, equitable, inclusive, and
accessible workforce. Information and any findings also will be shared with appropriate EPA staff
and management.
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Title
Facility Climate Resiliency Assessments
Lead National Program
Office of Mission Support
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Goal 1: Tackle the Climate Crisis
Objective 1.2: Accelerate Resilience and Adaptation to Climate
Change Impacts
Planned start date
October 2021 Planned completion date September 2024
Purpose and description: Climate resiliency has been an integral component of EPA's site
planning and facility support for more than a decade. In preparation for severe weather effects on
its buildings, infrastructure, operations, and mission-critical activities, EPA's Office of Mission
Support (OMS) has conducted climate resiliency assessments at several key facilities in coastal,
plains, and mountain regions to identify vulnerabilities and opportunities for climate readiness and
adaptation. EPA may conduct additional facility climate resiliency assessments to identify new
vulnerabilities and determine best practices for withstanding severe weather events, enhancing IT
security, ensuring resilient power supplies, and continuing EPA's mission-related work in the
event its buildings or operations are compromised by climate change.
Programmatic or policy decisions this activity will inform: Following completion of a climate
assessment at a facility, EPA will prioritize the identified projects based on several factors,
including impact on overall facility resiliency, cost, ability to execute, and initiate the highest
priority projects.
Question(s) this activity will address: The results of the climate assessments will provide EPA
with data on actions/projects the Agency can take to improve the physical and operational
resiliency of its facilities against the impacts of climate change.
Data, tools, method/analytical approach: Climate assessments will examine physical and
operational vulnerabilities of facilities, assessments may address the following areas: Water
Quality and Supply; Severe Weather and/or Flooding Damage; Field Worker Safety; Physical
Security; and Security Operations and Emergency Communications. To meet the directives in
Executive Order 14008 - Tackling the Climate Crisis at Home and Abroad, EPA is currently
developing a Climate Adaptation Plan; final plans and approaches for facility climate assessments
will be included.
Anticipated challenges and proposed solutions: The primary challenge associated with this
activity is financial as the costs associated with pursuing climate resiliency enhancements to EPA-
owned facilities may exceed annual appropriations in the Buildings & Facilities account. EPA will
prioritize the facility projects to ensure that the highest priority projects with the greatest impacts
on resiliency are initiated within available resources.
Dissemination of findings: EPA will not make generally available the results of every facility
climate assessment; however, EPA publishes a list of the major Buildings & Facilities projects it
intends to pursue with the annual Congressional Justification budget narrative and these projects
may include major climate resiliency projects. Information and any findings also will be shared
with appropriate EPA staff and management.
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Title
Implementing Multifactor Authentication and Encryption
Lead National Program
Office of Mission Support
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Cross-Agency Strategy 3: Advance EPA's Organizational
Excellence
and Workforce Equity
Planned start date
October 2021 Planned completion date September 2026
Purpose and description: Executive Order 14028 - Improving the Nation's Cybersecurity
mandates that Agencies implement a Zero Trust Architecture in accordance with the National
Institute of Standards and Technology (NIST) standards and guidance and implement Multifactor
Authentication (MFA) and encryption for Data at Rest and Data in Transit for Federal Information
Systems Modernization Act (FISMA) Systems. EPA currently has 127 systems, of which 40% are
believed to meet the NIST requirements for multifactor authentication. The Agency has identified
the implementation of MFA as a Long-Term Performance Goal for the FY 2022-2026 EPA
Strategic Plan. This effort will require collecting information regarding MFA for all 127 FISMA
into the Agency's Governance Risk and Compliance (GRC) Information Security management
system, XACTA, in a standardized manner.
Programmatic or policy decisions this activity will inform: This data will identify the FISMA
systems across the Agency that will require implementation of MFA and enable the Office of
Mission Support to target compliance to those offices within the FISMA system boundaries.
Question(s) this activity will address:
• What FISMA systems currently have implemented MFA?
• What FISMA systems that do not currently have MFA, require MFA to be implemented?
Data, tools, method/analytical approach: FISMA System owners will update this data, in a
standardized format to allow the Office of Mission Support to track compliance with MFA
implementation requirements. Agency tools (e.g., Beyond Trust, CyberArk, hosting utilities,
others) can potentially be configured to monitor the use of Multifactor Authentication to access
the FISMA Systems and the adoption of Encryption for DAR and DIT. (OISP can work with
System Owners and OITO tool managers to configure tools and generate reports). Annual
Assessments performed by third party auditors shall address the multifactor authentication and
encryption security controls and will reflect updates in the final report. (Report provided by third-
party assessor to system owners). Updated Quarterly FISMA reporting shall address the
modifications to the "System Boundaries" to address the enforcement. (System, owners will report
status to ISSS, and OISP for an official response).
Anticipated challenges and proposed solutions: No anticipated challenges foreseen at this time.
Dissemination of findings: This is privileged information pertaining to EPA system security and
will not be made available to the public. Information and any findings also will be shared with
appropriate EPA staff and management.
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Office of Research and Development
Title
Climate Change Research
Lead National Program
Office of Research and Development
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Goal 1: Tackle the Climate Crisis
Objective 1.2: Accelerate Resilience and Adaptation to Climate
Change Impacts
Planned start date
October 2023 Planned completion date September 2026
Purpose and description: Climate change is impacting public health, air and water quality today
and will exacerbate environmental challenges in the future. Potential effects from climate change
include increases in scale and frequency of hurricanes, wildland fires, flooding and drought, and
changes in transportation and energy usage. EPA/ORD is coordinating research across the six
National Research Programs (NRP) to: research causes and mitigating factors for climate change;
developing knowledge to support science-based decision making; and supporting emergency
response, disaster preparation and recovery, as well as supporting communities and ecosystems
against severe weather within a sustainable management framework.
Programmatic or policy decisions this activity will inform: In support of climate change
research and Environmental Justice (EJ), ORD research efforts will strengthen science as a
foundation for addressing environmental and human health challenges within underserved or at-
risk communities.
Question(s) this activity will address: EPA and stakeholders require tools and data that
accurately forecast how air quality, water quality, ecosystems, and human health will be affected
as a consequence of a changing climate and the potential mitigation strategies that are adopted.
ORD research will inform decisions and efforts to decrease the disproportionate impacts of climate
change.
Some climate induced disasters will cause EPA, states, and tribal governments to provide support
activities including public drinking water supply, drinking and wastewater infrastructure recovery,
debris management, and environmental contamination cleanup (oil spill, pesticide, hazardous
waste, mold, etc.). Likewise, many of these response activities benefit from capabilities developed
from Homeland Security research supporting chemical, biological, and radiological incident
response.
Data, tools, method/analytical approach: This research area will produce a large amount of data,
methods, and tools to advance the government and stakeholders' understanding of adverse and
multi-faceted effects associated with a changing climate. Similarly, the research will produce
methods and tools to improve community preparation, response, and recovery for climate induced
disasters, as well as to improve the long-term resilience of communities to climatic change with
respect to human health and the environment.
Anticipated challenges and proposed solutions: This research area will produce a large volume
of scientific deliverables which will require complex research planning, facilitation, review
coordination, task prioritization, and regular interactions with programmatic partners (e.g., OAR,
970
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OW, OLEM, Regional Offices) to ensure deliverables/products address stakeholder requirements.
To support these efforts, EPA/ORD will continue development of more efficient methods of
project implementation and tracking.
Dissemination of findings: EPA will make research findings publicly available through several
forms such as technical reports, journal publications, open-access web-based tools and models,
data sets, webinars, and technical fact sheets. Information and any findings also will be shared with
appropriate EPA staff and management.
Title
Environmental Justice and Vulnerable Populations
Lead National Program
Office of Research and Development
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Goal 2 Take Decisive Action to Advance Environmental Justice and
Civil Rights
Objective 2.1: Promote Environmental Justice Efforts at the
Federal, Tribal, State, and Local Levels
Planned start date
September 2023 Planned completion date September 2026
Purpose and description: EJ is an integral part of EPA's mission to protect human health and the
environment. EJ is achieved when all people are fully protected from environmental and health
hazards and have equitable access to decision-making processes to maintain a healthy environment
in which to live, learn, play, and work. Low-income, disadvantaged communities and indigenous
peoples are often disproportionately vulnerable to environmental health challenges due to greater
risk of exposure to many sources of pollutants or contaminants (chemical stressors). EJ
communities are often disadvantaged due to long term environmental policies that resulted in
wealth and/or health inequities or disparities, and they are increasingly at-risk to the effects of
climate change and extreme weather. Similarly, health impacts from these chemical and
nonchemical stressors vary with lifestages, as well as inherent sensitivities. Children, older
persons, and people with disabilities or pre-existing health conditions are particularly vulnerable
to the effects of climate changes and associated environmental stressors. In coordination with the
six National Research Programs (NRP), EPA will lead research on identifying how health
disparities can arise from unequal environmental conditions, including impacts from climate
change and exposures to pollution, and inequitable social and economic conditions.
Programmatic or policy decisions this activity will inform: In support of climate change
research and EJ, ORD research efforts will strengthen science as a foundation for addressing
environmental and human health challenges within underserved or at-risk communities.
Question(s) this activity will address: ORD's research will:
• Expand scientific understanding of environmental health disparities and the shortening of
human lifespan related to exposure to chemical and nonchemical stressors in vulnerable
populations and life stages
• Investigate the intertwined social and environmental variables effecting community
resilience and vulnerability to environmental hazards
• Characterize and assess exposures, risks, and impacts associated with air pollution and
climate change, while identifying and incorporating evidence-based solutions to reduce
these adverse effects in EJ communities
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Data, tools, method/analytical approach: A large amount of data, methods, and tools will be
developed to support decision-making and empower disadvantaged communities to improve
resilience and sustainability. Similarly, this research will enhance human health by supporting the
development of new technologies, data, models, and tools as well as resources and trainings for
risk communication and risk management, outreach, and community engagement.
Anticipated challenges and proposed solutions: This research area will produce a large volume
of scientific deliverables which will require complex research planning, facilitation, review
coordination, task prioritization, and regular interactions with programmatic partners (e.g., OAR,
OW, OLEM, Regional Offices) to ensure deliverables/products address stakeholder requirements.
To support these efforts, EPA/ORD will continue development of more efficient methods of
project implementation and tracking.
Dissemination of findings: EPA will make research findings publicly available through several
forms, such as technical reports, journal publications, open-access web-based tools and models,
data sets, webinars, and technical fact sheets. Information and any findings also will be shared with
appropriate EPA staff and management.
Office of Water
Title
Clean Water Infrastructure Revolving Fund State Reviews
Lead National Program
Office of Water
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Goal 5: Ensure Clean and Safe Water for All Communities.
Objective 5.1: Ensure Safe Drinking Water and Reliable Water
Infrastructure.
Planned start date
October 2022
Planned completion date
September 2023
Purpose and description: EPA completes annual reviews of each State Clean Water Revolving
Fund Program (CWSRF).
Programmatic or policy decisions this activity will inform: These reviews will help assess if
states are effectively implementing the Clean Water Revolving Fund Categorical Grant Program
by increasing the amount of non-federal dollars leveraged. The reviews also will be used to
encourage states to direct funding to projects that address climate resiliency and equity.
Question(s) this activity will address:
• Are states effectively implementing the Clean Water Revolving Fund Categorical Grant
Program by leveraging non-federal funds?
• Are the states complying with the EPA's State and Tribal Assistance Grant Program
requirements?
• What steps are the states taking to promote climate resiliency and equity through CWSRF
funding?
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Data, tools, method/analytical approach: Data are provided from each state CWSRF Program
review that are conducted by EPA Headquarters and the Regions.
Anticipated challenges and proposed solutions: There are no anticipated challenges.
Dissemination of findings: The findings from the annual state reviews are documented in
Program Evaluation Reports, which are provided to EPA Headquarters by the regional offices.
EPA Headquarters periodically updates guidance based on these findings. Revised guidance is
made available to states and stakeholders through EPA's website. Information and any findings
also will be shared with appropriate EPA staff and management.
Title
Safe Drinking Water Information System (SDWIS) National
Community Water System Non-Compliance Review
Lead National Program
Office of Water
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Goal 5: Ensure Clean and Safe Water for All Communities.
Objective 5.1: Ensure Safe Drinking Water and Reliable Water
Infrastructure.
Planned start date
October 2022
Planned completion date
September 2023
Purpose and description: EPA conducts a review quarterly of the Safe Drinking Water
Information System (SDWIS) National Community Water System (CWS) health-based non-
compliance data.
Programmatic or policy decisions this activity will inform: This review assesses the trends and
causes of non-compliance to information technical, managerial, and financial state and public
water system capacity building training or future drinking water regulation needs, in support of
regulatory drinking water compliance.
Question(s) this activity will address:
What are the barriers and challenges of CWS systems maintaining compliance with health-based
drinking water standards?
Data, tools, method/analytical approach: Data are provided from EPA's SDWIS database.
There is a non-compliance review of CWS systems with health-based violations by regulation
type, geographical distribution and system source type.
Anticipated challenges and proposed solutions: There are no anticipated challenges.
Dissemination of findings: The findings from the Program reviews will be publicly shared.
Quarterly data reports are shared publicly via the SDWIS FED Data Warehouse. Information and
any findings also will be shared with appropriate EPA staff and management.
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Title
Public Water System Supervision (PWSS) Program Reviews &
Drinking Water Infrastructure Revolving Fund State Reviews
Lead National Program
Office of Water
Strategic Goal,
Objective, and/or Cross-
Agency Strategy
Goal 5: Ensure Clean and Safe Water for All Communities.
Objective 5.1: Ensure Safe Drinking Water and Reliable Water
Infrastructure.
Planned start date
October 2022
Planned completion date
September 2023
Purpose and description: EPA annually conducts reviews of agencies with Public Water System
Supervision (PWSS) primacy (55 reviews) and reviews of each State Drinking Water Revolving
Fund Program.
Programmatic or policy decisions this activity will inform: These reviews assess if primacy
entities are effectively implementing the PWSS Program to oversee community water system
compliance with the Safe Drinking Water Act and assess if states are effectively implementing the
Drinking Water Revolving Fund Categorical Grant Program to facilitate community water system
compliance with the Safe Drinking Water Act (SDWA).
Question(s) this activity will address:
• Are primacy entities effectively implementing the range of activities in the PWSS Program to
oversee community water system compliance with the Safe Drinking Water Act?
• Are states effectively implementing the Drinking Water Revolving Fund Categorical Grant
Program to facilitate community water system compliance with the Safe Drinking Water Act
and complying with the EPA's State and Tribal Assistance Grant Program requirements?
Data, tools, method/analytical approach: Data is provided via program review reports by
agencies with primacy for the PWSS Program. The reports include elements such as state use of
the funds and the associated effects, compliance, and implementation of SDWA regulations,
alignment of program with national enforcement and compliance priorities, and public
communication efforts. For DWSRF data is provided from each state DWSRF program review
conducted by EPA Headquarters and the Regions.
Anticipated challenges and proposed solutions: There are no anticipated challenges.
Dissemination of findings: EPA's regional offices engage and share results with primacy
agencies under their purview. EPA shares PWSS information on water system compliance rates
across and within states. EPA makes publicly available an annual report on the status of the
national DWSRF Program. EPA also shares project and financial data at the national and state
level. Please see the most recent annual report, .i initial report, for additional
information. Information and any findings also will be shared with appropriate EPA staff and
management.
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Environmental Protection Agency
2023 Annual Performance Plan and Congressional Justification
Table of Contents - Program Performance and Assessment
Introduction 977
Goal 1 983
Goal 2 1007
Goal 3 1012
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FY 2021 Annual Performance Report
Introduction
EPA's FY 2021 Annual Performance Report (APR) describes the fourth year of progress toward
the strategic goals and objectives in the FY 2018-2022 EPA Strategic Plan, available at
https://www.epa.eov/planandbudeet/fv-2018-2022-epa-strateeic-plan. This APR presents results
against the annual performance goals and targets in the Agency's FY 2021 Annual Performance
Plan (APP) and Congressional Justification (CJ) as updated in the FY 2022 APP and CJ. Please
also refer to EPA's FY 2021 Agency Financial Report (AFR), available at
https://www.epa.gov/planandbudget/results. for information on financial performance results.
Organization of the FY 2021 APR
EPA's FY 2021 performance results and trend data are integrated throughout the FY 2023 APP
and the CJ in the Budget Introduction, Goal Overviews, and Program Project Fact Sheets. The
Program Performance and Assessment section (Tab 16) is the primary component of EPA's FY
2021 APR. EPA's FY 2021 performance results and trend data are organized by strategic goal and
objective. This section includes Goal-at-a-Glance Overviews and detailed multiyear tables with
targets, results, graphs, and key takeaways for the Agency's strategic objectives and annual
performance goals. This section adopts the terminology and color coding used to measure progress
under the EPA Continuous Improvement System, a set of practices and tools that supports Agency
employees in identifying and solving problems for optimal performance results.
977
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FY 2021 Performance Data
FY 2021 Annual Performance Goal Results
For FY 2021, EPA focused on a set of 45 annual
performance goals, including annualized long-
term performance goals to achieve ambitious
targets set in the FY 2018-2022 EPA Strategic
Plan and measures representing key work areas
that support those long-term performance goals.
EPA met or exceeded 52% of the targets in their
entirety for annual performance goals with FY
2021 targets and data available (22 of 42). For 14
of its annual performance goals with FY 2021
targets and data available (33%), the Agency
achieved between 75-99% of the target (including
three where the Agency achieved between 90-99%
of the target). For six of its annual performance
goals with FY 2021 targets and data available
(15%), EPA achieved less than 75% of the target.
While EPA is making significant progress toward a broad range of outcomes, the Agency missed
targets for 20 (of 42) annual performance goals that had FY 2021 targets and data available.
Reasons for missed targets include the complexity of the environmental challenge, increased
workload demands due to COVID-19 response, and other factors outside of the Agency's control
(such as COVID-19 space construction delays). In some areas with missed targets, the Agency
nevertheless made significant improvements in its performance over recent years.733 EPA will
continue to make progress toward its performance targets by applying Lean management
principles to improve the efficiency and cost effectiveness of its operations. More detail is
available throughout the report.
No FY 2021 results are available for two of the Agency's annual performance goals as of April
2022—one because it had no data to track in FY 2021734 and the other because it has a reporting
lag due to the grant reporting cycle.735 FY 2021 results are reported for one of the Agency's annual
performance goals for which no target was established.736
Verification/Validation of Performance Data
Performance toward target by goal
Number of measures by percent of target achieved
3 (NT)
~ 100% of target met (G)
~ 75-99% of target met (Y)
~ <75% of target met (R)
~ No target (NT)
1 (Y)
1(G)
Goal 1
A Cleaner, Healthier
Environment
Goal 2
More Effective
Partnerships
Goal 3
Greater Certainty,
Compliance, and
Effectiveness
733 For example, (PM TMDL-02) Percentage of priority TMDLs, alternative restoration plans,
and protection approaches in place and (PM FOl) Percentage reduction in overdue FOIA
requests from the April 2018 baseline.
734 PM TSCA1: Number of final EPA-initiated TSCA risk evaluations completed within statutory timelines.
735 PM P2mtc: Reductions in million metric tons of carbon dioxide equivalent (MMTC02e) released per year attributed to EPA
pollution prevention grants.
736 PM UST01: Number of confirmed releases at UST facilities.
978
-------
The Agency developed Data Quality Records (DQRs) for the long-term performance goals in the
FY 2018-2022 EPA Strategic Plan. FY 2021 DQRs are available at
https://www.epa.gov/planandbudget/results. EPA maintains the DQRs to ensure consistency and
quality of data used for assessing and reporting progress towards annual performance goals. The
DQRs describe the results being measured; data sources and limitations; methods for calculating
results; and controls to ensure good data quality.
FY 2020-2021 Agency Priority Goals
EPA exceeded targets for two of the four FY 2020-2021 Agency Priority Goals (APGs)
(redesignation of areas to air quality attainment, water infrastructure) and missed targets for two
of the four APGs (site cleanups, permitting decisions). EPA ceased collecting FY 2021 results
for the childhood lead and per- and polyfluoroalkyl substances (PFAS) APGs as projects and plans
have evolved to align with new Administration priorities.
• Improve air quality by reducing the number of areas not meeting air quality
standards. By September 30, 2021, EPA, in close collaboration with states, will reduce
the number of nonattainment areas to 121 from a baseline of 147.
Exceeded FY 2020-2021 target. Since FY 2020, EPA has worked with state, local and
tribal air agencies to facilitate submittal of timely and approvable attainment plans (as a
means of bringing areas into attainment) and redesignation requests, as appropriate.
Through this collaboration with state, local and tribal air agencies, EPA took actions to
improve air quality in nonattainment areas so these areas can expeditiously attain the
National Ambient Air Quality Standards (NAAQS). In FY 2020 and FY 2021, EPA took
final action on state requests to redesignate 27 nonattainment areas to attainment, reducing
the number of nonattainment areas to 120 from the October 2019 baseline of 147 areas,
exceeding the target of 121.
• Empower communities to leverage EPA water infrastructure investments. By
September 30, 2021, EPA will increase by $16 billion the non-federal dollars leveraged by
the EPA water infrastructure finance programs (Clean Water State Revolving Fund
[CWSRF], Drinking Water State Revolving Fund [DWSRFJ, and the Water Infrastructure
Finance and Innovation Act [WIFIA] Program).
Exceeded FY 2020-2021 target. Over the two-year time period, the Clean Water State
Revolving Fund (CWSRF), Drinking Water State Revolving Fund (DWSRF), and Water
Infrastructure Finance and Innovation Act (WIFIA) Programs leveraged more than $22.3
billion of non-federal dollars, increasing the funds available to improve, repair, and
modernize the nation's water infrastructure. This exceeded the $16 billion goal and
demonstrates the powerful opportunity to leverage non-federal dollars. In addition, EPA
met targets for all of the contributing indicators: Engagements with the Water
Infrastructure Community; Tools, Training, and Resources Provided to the Water
Infrastructure Community; and State Revolving Fund (SRF) State Reviews completed. The
Agency's success is due to the collaborative efforts of EPA, states, and local communities.
979
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• Accelerate the pace of cleanups and return sites to beneficial use in their communities.
By September 30, 2021, EPA will make an additional 102 Superfund (SF) sites and 1,368
brownfields (BF) sites ready for anticipated use (RA U).
Missed FY 2020-2021 target. EPA made 60 Superfund sites and 1,425 brownfield sites
RAU in FY 2020-2021, missing the Superfund target of 102 and exceeding the brownfields
target of 1,368. For Superfund, fewer than 102 sites could reasonably achieve sitewide
RAU in FY 2020 and FY 2021 combined, and many of those faced significant challenges
including: coordination with external entities not leading to desired progress on internal
controls (e.g., controls not enforceable by local authorities, controls not aligned with state
requirements; absent, deceased, or uncooperative landowners; lawsuits restricting access
for site work or delaying institutional controls; changing land uses which can result in the
need for additional controls; and the discovery of potential new exposure pathways or
emerging contaminants). For brownfields, EPA completed conversations with EPA
regions, states, and tribes on their varying practices for classifying a site RAU to ensure
greater consistency.
• Accelerate permitting-related decisions. By September 30, 2021, EPA will reduce the
backlog of new permitting-related decisions to 24 from a baseline of 65; and reduce the
backlog of permit renewals by 38% from a baseline of 417.
Missed FY 2020-2021 target. EPA increased the backlog of new permit applications to 67
and reduced the backlog of permit renewals to 318, missing the targets of 24 and 256,
respectively. EPA faced a number of challenges, including delayed information from
permittees, complicated sites, emerging contaminants, large volume of public comments,
loss of experienced personnel, and environmental reviews from other federal agencies. In
addition, the six-month timeframe is challenging for certain types of complex permits. EPA
worked to streamline processes and resolve policy issues to sustain progress made in
previous years and prevent future permits from becoming backlogged. The new permit
backlog is down 65% since June 2018, and the existing permit backlog is down 34% since
May 2019.
Evidence and Evaluation
Summaries of FY 2021 contributions to EPA's portfolio of evidence are available at
https://www.epa.gov/planandbudget/results. EPA uses program evaluations and other evidence to
assess effectiveness of programs in meeting Agency goals, to identify ways to improve mission
delivery, and to strengthen use of evidence in decision making. This is particularly important for
fostering transparency and accountability.
980
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C. 20460
THE ADMINISTRATOR
Reliability of EPA's Performance Data
I attest to the reliability and completeness of the performance data presented in the U.S.
Environmental Protection Agency's Fiscal Year 2021 Annual Performance Report. Because
improvements in human health and the environment may not become immediately apparent,
there might be delays between the actions we have taken and results wc can measure.
Additionally, we cannot provide results data for two of our performance measures for this
reporting year — the first because it had no data to track in FY 2021 and the second because it
has a reporting lag due to the grant reporting cycle. When possible, however, we have portrayed
trend data to illustrate progress over time.
Date
MAR 1 7 2022
981
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GOAL 1: A Cleaner, Healthier Environment
Key to Multiyear Table Annual Performance Goal Data Presentation
(PM #) Annual performance goal language here.
Targets by
Fisrnl Year
Target
Actual
FY 2016
FY 2017
12
FY 2018
No Target
Established
11
FY 2019
13
13
FY 2020
13
10
FY 2021
12
Units
Sites
Preferred
Direction
Increase
Gray = No
Annual
Purple :
No
Green =
100% of
Yellow = 75-
99% of Tarset
Red =
<75% of
Actuals by
TTio/>ol "VOOV"
White (past year) = No
Annual Pprfnrmqvipa CaqI
982
-------
GOAL 1: A Cleaner, Healthier Environment
Goal 1 at a Glance
A Cleaner, Healthier Environment: Deliver a cleaner, safer, and healthier environment for all Americans and future generations by carrying out the
Agency's core mission.
FY 2021 Enacted Budget (in thousands) by goal and objective
Goal 1 A Cleaner, Healthier Environment
Obj 1.1 Improve Air Quality
Obj 1.2 Provide for Clean and Safe Water
Obj 1.3 Revitalize Land and Prevent Contamination
$834,138
Obj 1.4 Ensure Safety of Chemicals in the Marketplace $239,530
H
$4,563,508
$1,379,194
$7,016,370
(of $9,237,153
EPA total)
FY 2021 Performance toward target by objective
Number of measures by percent of target achieved
~ 100% of target met (G)
~ 75-99% of target met (Y)
~ <75% of target met (R)
~ No target (NT)
2(G)
Obj 1.1
Obj 1.3
3(G)
Obj 1.4
983
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GOAL 1: A Cleaner, Healthier Environment
Objective 1.1 - Improve Air Quality: Work with states and tribes to accurately measure air quality and ensure that more Americans are
living and working in areas that meet high air quality standards.
Performance toward target over time
Number of measures by percent of target achieved
~ 100% of target met (G)
~ 75-99% of target met (Y)
2 (Y)
2 (Y)
1 (Y)
1(G)
2(G)
FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include
measures that previously existed but were eliminated prior to FY 2021.
Comparison of Growth Areas and Declining Emissions
1970-2020
Gross Domestic Product
Vehicles Miles Traveled
Population
H
Energy Consumption
COz Emissions
Aggregate Emissions
(Six Common Pollutants)
Summary of progress toward strategic objective:
• Redesignated 5 areas to attainment for various National Ambient Air Quality Standards
(NAAQS). Exceeded the FY 2020-2021 Agency Priority Goal target.
• Worked with states to reduce the historic State Implementation Plan (SIP) backlog that
existed as of October 2013 by over 95% (from 699 SIPs to 32 SIPs as of September 30,
2021) and provided states with the "State implementation Plan (SIP) Lean Toolkit for
Collaboration Between EPA and Air Agencies" to support timely action on SIPs through
early engagement. In FY 2021, EPA received 309 new SIPs, took action on 361 SIPs and
reduced the current SIP backlog from 341 to 312.
• Published Air Trends Report which shows between 1970 and 2020, the combined
emissions of six common pollutants (PM2.5 and PM10, S02, NOx, VOCs, CO and Pb)
dropped by 78%. This progress occurred while U.S. economic indicators remained strong.
• Released the 28th annual Inventory of U.S. Greenhouse Gas (GHG) Emissions, showing
net U.S. GHG emissions were 5,769 million metric tons of C02 equivalent in 2019, a
1.7% decrease in emissions between 2018 and 2019.
• Verified 99% of annual GHG emission reports before publication deadline as part of
the Greenhouse Gas Reporting Program.
• Issued 5,351 certificates of conformity for engines, vehicles, and complementary pieces of
equipment allowing manufacturers to enter products into commerce in the U.S.
• Released the annual Automotive Trends Report finding that all large car manufacturers
were in compliance with the light-duty GHG program through Model Year 2020.
• Released annual data on 2020 emissions NOx, S02, C02, and Mercury (Hg) from power
plants in the lower 48 states, showing a 19% decline in S02 emissions compared to 2019,
a 16% decline in NOx emissions, an 11% decline in C02 emissions, and a 17% decrease in
Hg emissions.
• In 2019 (latest data), ENERGY STAR and its partners helped Americans save nearly 500
billion kilowatt-hours of electricity and avoid $39 billion in energy costs. These savings
resulted in emissions reductions of nearly 390 million metric tons of GHGs, roughly
equivalent to 5% of U.S. total GHG emissions.
• Oil and natural gas companies that participated in EPA's Methane Challenge Program
reduced methane emissions equivalent to over 7 million metric tons of C02 through
voluntary action from 2016 through 2019.
Challenges:
• While EPA is making steady and expected progress redesignating areas to NAAQS
attainment, under the Clean Air Act (CAA), states are responsible for initiating the
redesignation process, a process that demands time and resources from states.
984
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GOAL 1: A Cleaner, Healthier Environment
Long-Term Performance Goal - By September 30, 2022, reduce the number of nonattainment areas to 10 1 737.
Annual performance goals that support this long-term performance goal:
(PM NA1) Number of Nonattainment Areas.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
1 ¦
Target
155
138
132
121
Nonattainme
Below Target
Actual
176
166
159
147
125
120
nt Areas
¦ I I I I I
Key Takeaways:
• In FY 2021, EPA took final action on state requests to redesignate five nonattainment areas to attainment.
• EPA exceeded its FY 2021 target and FY 2020-2021 Agency Priority Goal target.
Metric Details: This measure tracks the status of 166 areas that were designated nonattaimnent and listed in 40 CFR Part 81 as of the end of FY 2017. Areas designated to
nonattainment after October 1, 2017 are not included. Nonattaimnent areas are areas that EPA determined do not meet primary or secondary NAAQS, or that contribute to air
quality in a nearby area that does not meet a non-revoked primary or secondary NAAQS. Areas are considered redesignated based on the effective date of the redesignation. For
multi-state nonattaimnent areas, all state portions of the area must be redesignated to attaimnent for the area to be removed from the list of nonattaimnent areas. Under the CAA,
states are responsible for initiating the redesignation process and EPA's authority to approve a state's request to redesignate nonattaimnent areas hinges on the state meeting the
minimum requirements of the CAA, which include: (1) a demonstration that the area has air quality that is attaining the NAAQS; (2) establishing that pollution reductions are due
to implementing permanent and enforceable measures; (3) a 10-year maintenance plan that includes contingency measures to be triggered in the event of a re-violation of the
NAAQS; and (4) satisfying any other applicable and outstanding attaimnent planning and emissions control requirements. Focusing efforts on reducing the number of
nonattaimnent areas helps ensure that states and EPA, in the spirit of maintaining effective partnerships, prioritize taking timely and necessary actions to improve air quality in
nonattaimnent areas through the implementation of permanent and enforceable pollution control measures, so that states can submit, and EPA can approve, redesignation requests
for areas once they attain a NAAQS. This measure tracked progress toward a FY 2020-2021 Agency Priority Goal (APG).
(PM CRT) Number of certificates of conformity issued that demonstrate that the respective engine, vehicle, equipment, component, or system conforms to all of the
applicable emission requirements and may be entered into commerce.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
¦ —
Direction
¦ |
Target
5,200
5,000
5,000
4,700
Certificates
Above Target
Actual
4,453
5,109
4,869
4,711
4,843
5,351
¦ 1 I I I I
Key Takeaways:
• The total number of certificates issued by EPA in FY 2021 was 508 more than in FY 2020.
• EPA continues to issue vehicle and engine certificates of conformity in a timely manner and in pace with the numbers of requests received.
737 The baseline is 166 nonattainment areas as of 10/1/2017.
985
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GOAL 1: A Cleaner, Healthier Environment
Metric Details: This measure tracks the number of certificates of conformity issued in a given year. The CAA requires that engines, vehicles, equipment, components, or systems
receive a certificate of conformity which demonstrates compliance with the applicable requirements prior to introduction to U.S. commerce. EPA reviews all submitted requests
and issues certificates of conformity when the manufacturer demonstrates compliance with all applicable requirements. This measure illustrates EPA's annual certification
workload. The number of certification requests is determined by the product planning of manufacturers and will fluctuate from year to year. EPA strives to issue vehicle and
engine certificates of conformity in a timely manner and in pace with the numbers of requests received.
986
-------
GOAL 1: A Cleaner, Healthier Environment
Objective 1.2 - Provide for Clean and Safe Water: Ensure waters are clean through improved water infrastructure and, in partnership with
states and tribes, sustainably manage programs to support drinking water, aquatic ecosystems, and recreational, economic, and subsistence
activities.
Performance toward target over time
Number of measures by percent of target achieved
~ 100% of target met (G)
~ 75-99% of target met (Y)
~ No target (NT)
1 (NT)
FY 2016 FY 2017
1(G)
FY 2018
1 (Y)
2 (Y)
3(G)
2(G)
2 (Y)
4(G)
FY 2019 FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include measures
that previously existed but were eliminated prior to FY 2021.
Non-Federal Dollars (Cumulative, in Billions) Leveraged by
EPA Water Infrastructure Finance Programs, Sep 2018 -
Sep 2021
45
40
35
30
25
20
15
10
5
0
$
*
$
l'V
&
$
ft
] Actuals '
¦Targets
Summary of progress toward strategic objective:
• Re-initiated rulemaking activities for Defining Waters of the U. S and Clean Water
Act (CWA) 401 Water Quality Certifications. Also published a final rulemaking for
the Steam Electric Power Generating Effluent Guidelines and proposed the fifth
drinking water Unregulated Contaminant Monitoring Rule (UCMR 5). Further,
published the final National Primary Drinking Water Regulations: Lead and Copper
Rule Revisions and issued the final Regulatory Determination for
perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) in drinking
water.
• Ninety three percent of the population served by community water systems (CWSs)
received drinking water that meets all applicable health-based drinking water
standards. Of the 3,508 CWSs with health-based violations as of September 30,
2017, 2,854 (81%) have returned to compliance.
• Exceeded the $8 billion target for non-federal dollars leveraged by EPA water
infrastructure finance programs by over $4 billion. The Water Infrastructure Finance
and Innovation Act (WIFIA) Program closed 26 transactions totaling over $5.3
billion in loans to help finance more than $11.4 billion for water infrastructure
projects and create over 37,000 jobs.
• EPA engaged co-regulators at the Army Corps of Engineers to review prior critical
CWA 404-related actions, re-establishing the prominence of science and policy in
major actions including Bristol Bay, Alaska and Nationwide Permits.
Challenges:
• The COVID-19 pandemic has made providing safe drinking water to the public ever
more challenging and thus more critical. Staff and chemical supply shortages, aging
infrastructure, degradation of sources of drinking water, pressures from extreme
weather events, accidental and intentional incidents, and limited technical,
managerial and financial capacity remain challenges for the drinking water sector.
• Nutrient and stonnwater pollution present ongoing challenges for maintaining clean
and safe water. EPA continues to partner with states and tribes on establishing
standards, permitting and innovative approaches to manage this challenge.
• Per- and polyfluoroalkyl substances (PFAS) are bioaccumulative, persistent in the
enviromnent and potentially toxic in small amounts. EPA's PFAS Strategic
Roadmap (available at https://www.epa.gov/pfas/pfas-strategic-roadmap-epas-
commitments-action-2021 -2024) lays-out a whole-of-agency approach to addressing
PFAS.
987
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GOAL 1: A Cleaner, Healthier Environment
Long-Term Performance Goal - By September 30, 2022, reduce the number of community water systems out of compliance with health-
based standards to 2,700738.
Annual performance goal that supports this long-term performance goal:
(PM DW-02) Number of community water systems still in noncompliance with health-based standards since September 30,2017.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
1
Target
875
CWSs
Below Target
Mm
Actual
3,508
1,718
1,128
1,048
654
Key Takeaways:
• Ninety-tliree percent of the population served by community water systems received drinking water that meets all applicable health-based drinking water standards. Of the
3,508 CWSs with health-based violations as of September 30, 2017, 2,854 (81%) have returned to compliance.
• Conducted approximately 563 engagements with states, tribes, and local communities to strengthen the technical, managerial, and financial capacity of drinking water
systems. Also trained over 6,555 water and wastewater utilities to become more resilient to any natural or manmade incident that could endanger water and wastewater
services.
• In response to unprecedented nationwide supply chain disruptions due to the COVID-19 pandemic, EPA implemented a program for water and wastewater utilities to (1)
obtain immediate technical assistance for imminent treatment chemical shortages; and (2) apply for a certification of need through Safe Drinking Water Act Section 1441 for
treatment chemicals that are not reasonably available.
Metric Details: This measure tracks the number of community water systems still in noncompliance with the health-based National Primary Drinking Water Regulations
(Maximum Contaminant Level or treatment technique) during any part of the year, that were included in the FY 2017 baseline of 3,508. A CWS is a public water system that
supplies water to the same population year-round. There are approximately 50,000 CWSs. Data are derived from the Safe Drinking Water Information System Federal Data
Warehouse (SDWIS-FED), which contains information about violations by public water systems as reported to EPA by the primacy agencies (states and tribes with EPA-delegated
enforcement responsibility).
738 Baseline is 3,508 community water systems out of compliance with health-based standards as of FY 2017. (Footnote updated from FY 2018-2022 EPA Strategic Plan published February 12, 2018.)
988
-------
GOAL 1: A Cleaner, Healthier Environment
Long-Term Performance Goal - By September 30, 2022, increase by $40 billion the non-federal dollars leveraged by EPA water
infrastructure finance programs (CWSRF, DWSRF and WIFIA)739.
Annual performance goal that supports this long-term performance goal:
(PMINFRA-01) Billions of non-federal dollars leveraged by EPA water infrastructure finance programs (CWSRF, DWSRF and WIFIA).
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
¦
¦ I VVV1
Target
8.0
8.0
8.0
8.0
Billions of
Above Target
Actual
8.1
8.6
9.7
10.3
10.2
12.1
Dollars
¦ I I I I I
Key Takeaways:
• The Clean Water State Revolving Fund (CWSRF), Drinking Water State Revolving Fund (DWSRF), and WIFIA Programs leveraged over $12 billion in non-federal dollars
for water infrastructure projects.
• The WIFIA program closed 26 transactions totaling over $5.3 billion in loans to help finance more than $11.4 billion for water infrastructure projects and create over 37,000
jobs.
• The CWSRF and DWSRF have cumulatively provided $190 billion in water infrastructure project financing to fund over 42,800 water quality infrastructure projects and
16,300 drinking water projects.
Metric Details: This measure tracks funds leveraged by the three primary water infrastructure programs, DWSRF, CWSRF, and WIFIA Program. These programs represent the
largest federal source of funds to address this critical component of our nation's drinking water and clean water infrastructure. Non-federal funds include loans made from recycled
loan payments, bond proceeds, state match, interest earnings, and co-funding from non-SRF sources. EPA will increase the amount of non-federal funds leveraged by providing
communities with tools, training, and resources to help plan for infrastructure improvements and identify funding opportunities. SRF data are tracked in the CWSRF Benefits
Reporting System and DWSRF Project Reporting System. The baseline does not include WIFIA leveraged dollars because no loans were closed prior to FY 2018. This measure
tracked progress toward a FY 2020-2021 Agency Priority Goal (APG).
739 Baseline is $32 billion in non-federal dollars leveraged from the CWSRF and DWSRF between FY 2013 and FY 2017 (i.e., loans made from recycled loan repayments, bond proceeds, state match,
and interest earnings). The baseline does not include WIFIA leveraged dollars because no loans were closed prior to FY 2018. (Footnote updated from FY 2018-2022 EPA Strategic Plan published
February 12, 2018.)
989
-------
GOAL 1: A Cleaner, Healthier Environment
Long-Term Performance Goal - By September 30, 2022, reduce the number of square miles of watershed with surface water not meeting
standards by 37,000 square miles740.
Annual performance goals that support this long-term performance goal:
(PM SWP-01) Square miles of watersheds with surface waters not meeting standards.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
III
Target
No Target
Established
497,728
564,536
539,536
Square Miles
Below Target
Actual
N/A
493,930
561,268
533,062
Key Takeaways:
• For FY 2021, an additional 28,206 square miles are now meeting standards from the universe of waters that were not meeting standards as of
August 30, 2019.
• States have made progress catching up on the submittal of Integrated Reports via EPA's Assessment, Total Maximum Daily Load (TMDL)
Tracking and Implementation System (ATTAINS) with an additional 36 electronic submissions in FY 2021.
• EPA has achieved a reduction of 54,474 square miles since January 2019, already exceeding the FY 2018-2022 EPA Strategic Plan goal of
37,000 by 17,474 square miles.
• EPA's How's My Waterway Application plays a critical role in communicating standards met in surface waters to the American public. EPA
continues to develop this platform and add new functionality to its premier application. The application continues to see significant usage within
the education community, routinely placing in the top 10 of weekly web-hits for EPA web sites.
Metric Details: Beginning in FY 2020, this measure tracks water quality standards attainment in the 587,536 square miles of waters previously
identified as impaired in a state Integrated Report as of August 30, 2019. In FY 2019, the measure tracked progress using a baseline of 506,728
square miles of waters identified as impaired in a state Integrated Report as of December 31, 2018. Water quality standards attainment means that (1)
the impairments have been effectively removed due to actions including water quality restoration efforts, more complete monitoring to better
understand waterbody conditions, or appropriate changes in water quality standards; and (2) the waterbody now either fully supports the use or meets
the water quality criterion for that particular pollutant or stressor for which it had been impaired. Data are tracked in ATTAINS. States submit an
Integrated Report to EPA every two years, including information on the status of state waters. EPA uses state geospatial data to calculate results for
this measure.
740 Baseline is 587,536 square miles of impaired waters as of August 30, 2019. (Footnote updated from FY 2018-2022 EPA Strategic Plan published February 12, 2018.)
990
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GOAL 1: A Cleaner, Healthier Environment
(PM SWP-02) Square miles of watersheds with surface waters not meeting standards because of nutrients.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
III
Target
183,596
Square Miles
Below Target
Actual
198,335
191,768
182,726
¦ I I
Key Takeaways:
• For FY 2021 an additional 9,042 square miles are now meeting standards from the universe of waters that were not meeting standards due to nutrients.
• Nonpoint sources are large contributors to many waters impaired by nutrient pollution. In FY 2021, the Clean Water Act Section 319 grant program helped to restore almost
60 waterbodies. Many nonpoint source management projects reduce nutrient pollution as well as pathogens and excess sediment.
Metric Details: This measure tracks water quality standards attaimnent in the 202,096 square miles of waters identified as impaired due to nutrients in a state Integrated Report as
of August 30, 2019. Data are tracked in ATTAINS.
(PM TMDL-02) Percentage of priority TMDLs, alternative restoration plans, and protection approaches in place.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
..iff!
Target
50
67
84
Percent
Above Target
Actual
9
14
33.3
51.2
63.5
74.1
Numerator
8,822
14,045
33,194
48,544
59,470
61,718
Square Miles
Denominator
101,141
99,424
99,415
94,806
93,653
83,308
Key Takeaways:
• There are fewer than expected priority plans in place due to the complexity of technical and process issues that arose during TMDL, restoration plan, and protection approach
development, as well as some states' shifts in long-term priorities for plans in development.
• States and Regions have made progress on achieving their long-term priorities for TMDLs and other plans under the collaborative EPA-State Long-Term CWA Section 303(d)
Vision. For FY 2021, an additional 2,247 square miles of catchment areas have priority plans in place. Measures tracking resources (e.g., Qlik measures dashboard and the
Scenario Builder Tool) assist states and EPA in determining informal annual commitments and monitoring plan development over the course of the year.
Metric Details: This measure tracks state priority waters with a TMDL, alternative restoration, or protection plan in place. EPA, states, and tribes cooperatively developed A Long-
Term Vision for Assessment, Restoration and Protection under the CWA Section 303(d) Program, which encourages focused attention on priority waters and acknowledges that
states have flexibility in using available tools - TMDLs, alternative restoration plans, and protection approaches - to restore and protect water quality. The calculation method
provides 0.5 credit for plans under development and full credit when EPA approves a plan. The goal is to have 100% of priority waters with plans approved or accepted by FY
2022. Data are tracked in ATTAINS.
(PM NPDES-03) Number of existing EPA-issued NPDES permits in backlog.
991
-------
GOAL 1: A Cleaner, Healthier Environment
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
lm
Target
360
280
230
Permits
Below Target
Actual
456
373
333
284
Key Takeaways:
• EPA reduced its backlog of existing NPDES permits by 15% in FY 2021, and by 48% since March 2018. EPA also prevented 35 existing permits from becoming backlogged
in FY 2021. Reasons for remaining delays include missing information from permittees, and highly complex permitting issues.
• For the permits remaining in the backlog, 40 are eligible for coverage under the Small Wastewater Treatment Facility General Permit issued by EPA Region 1 on September
28, 2021 and 42 permits have either completed public notice or are currently out for public notice.
• EPA worked closely with its regional offices to identify challenges and develop solutions to complex permitting issues, such as those related to 401 certification, the definition
of Waters of the United States (WOTUS), Clean Water Act 316(b), and emerging contaminants such as per- and polyfluoroalkyl substances (PFAS). These efforts also will
help prevent future permits from becoming backlogged.
Metric Details: This measure tracks existing EPA-issued NPDES individual permits that are administratively continued because they have passed their expiration date and are
awaiting reissuance. Improving the timing for issuance and reissuance of NPDES permits provides greater certainty for the regulated community by ensuring permits reflect the
most up-to-date requirements and scientific information to protect water quality. The CWA states NPDES permits must be renewed every five years. However, a permit can be
administratively continued if the facility has submitted an application for reissuance and EPA does not reissue the permit before its expiration date through no fault of the
permittee. The conditions of the expired permit continue in force until the effective date of the new or reissued permit. For purposes of this measure, permits are removed from the
backlog as soon as the Agency takes final action on the permit (issuance, denial, or termination). Data are tracked in EPA's Integrated Compliance Information System (ICIS)-
NPDES Database.
992
-------
GOAL 1: A Cleaner, Healthier Environment
Objective 1.3 - Revitalize Land and Prevent Contamination: Provide better leadership and management to properly clean up contaminated
sites to revitalize and return the land back to communities.
Performance toward target over time
Number of measures by percent of target achieved
~ 100% of target met (G)
~ 75-99% of target met (Y)
~ <75% of target met (R)
~ No target (NT)
I 1 (NT) I
3(Y)
4 (Y)
4(G)
3(G)
JJR)
msetm
7(G)
3(Y)
6(G)
FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include measures
that previously existed but were eliminated prior to FY 2021.
Number of Brownfields Sites Made Ready for
Anticipated Use, Dec 2017 - Sep 2021
0*°' V «,
,v ,s? ,s? „s? rP
Summary of progress toward strategic objective:
• The Superfund Program made ready for sitewide anticipated use 26 sites, completed 75
remedial action projects, and brought human exposures under control at 13 sites.
Additionally, the Program completed 186 superfund removals.
• The Brownfields Program made 616 sites ready for anticipated use and leveraged $2.1
billion in cleanup and redevelopment funds at brownfields sites.
• Programs operating under the Resource Conservation and Recovery Act (RCRA) made
139 corrective action facilities ready for anticipated use, constructed 57 final remedies,
and issued 112 permit renewals at hazardous waste facilities. Additionally, the recycling
and food waste prevention program re-evaluated voluntary program engagement and has
shifted focus to developing measures in support of the National Recycling Strategy.
• The Underground Storage Tanks (UST) Program completed 7,271 cleanups that meet risk-
based standards for human exposure and groundwater migration.
Challenges:
• Missed Superfund and brownfields ready for anticipated use and UST cleanup targets.
EPA and the states face challenges such as technically difficult cleanups, lack of viable
responsible parties and cleanup funding, legislative limitations on liability, variations in
cleanup standards and adoption of risk-based corrective action.
• COVID-19 played a role in reducing site access and state staff availability to oversee
cleanups. Owners and operators were hesitant to expend the resources necessary to move
cleanups forward and, in some cases, have been impeded by the availability of cleanup
contractors and equipment.
• The remaining sites across all programs are increasingly complicated, requiring more
resources in terms of personnel, funds, and expertise to complete cleanup actions.
& ^ ^ ^
Actuals
•Targets
993
-------
GOAL 1: A Cleaner, Healthier Environment
Long-Term Performance Goal - By September 30, 2022, make 255 additional Superfund sites ready for anticipated use (RAU) site-wide741.
Annual performance goals that support this long-term performance goal:
(PM S10) Number of Superfund sites made ready for anticipated use site-wide.
Preferred
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Direction
itI
Target
45
45
51
51
51
51
Sites
Above Target
||
Actual
41
43
51
48
34
26
¦ I I I I I
Key Takeaways:
• Missed the target, making 26 Superfund sites sitewide ready for anticipated use (SWRAU), compared with the target of 51.
• Fewer than 51 sites had a reasonable likelihood of achieving SWRAU in FY 2021 and many of those sites faced significant challenges including: coordination with external
entities not leading to desired progress on internal controls (e.g., controls not enforceable by local authorities, controls not aligned with state requirements); absent, deceased,
or uncooperative landowners; lawsuits restricting access for site work or delaying institutional controls; changing land uses which can result in the need for additional controls;
and the discovery of potential new exposure pathways or emerging contaminants.
• As the potential SWRAU universe decreases, the remaining sites might require more resources and potentially face more significant obstacles to SWRAU achievement.
Metric Details: This measure tracks EPA's progress in cleaning up and preparing Superfund sites for sitewide reuse (both private and federal facility) while also ensuring human
health and environmental protection. It measures the number of construction complete National Priorities List (NPL) or Superfund Alternative Approach (SAA) sites for which all:
(1) remedy decision document (e.g., record of decision) cleanup goals have been achieved for media that may affect a site's current and reasonably anticipated future land use, so
that there are no unacceptable risks; and (2) institutional or other controls required in remedy decision document(s) have been put in place. EPA documents the SWRAU
determination directly in the Superfund Enterprise Management System (SEMS) once a site meets all required criteria and the appropriate EPA regional personnel have approved
the determination. The site universe tracked for this measure includes final and deleted NPL sites and non-NPL sites with SAA agreements. EPA's universe of sites meeting the
SWRAU criteria through the end of fiscal year 2021 had a net total of 995 sites, including 980 final and deleted NPL sites and 15 non-NPL sites with SAA agreements in place. As
of the end of FY 2021 there were 1,322 final NPL sites and 68 non-NPL sites with SAA agreements. This measure tracked progress toward an FY 2020-2021 Agency Priority Goal
(APG).
(PM 170) Number of remedial action projects completed at Superfund sites.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
Target
105
105
95
95
80
80
Projects
Above Target
Actual
105
97
87
89
91
75
¦ I I I I I
Key Takeaways:
• Completed 75 remedial action projects or about 94% of the target of 80.
741 By the end of FY 2017, 836 Superfund sites had been made RAU site-wide.
994
-------
GOAL 1: A Cleaner, Healthier Environment
• EPA contributes approximately 30 percent of annual accomplishments using Superfund dollars for project completions. Potentially responsible parties (PRPs) and Federal
Facilities (FF) contribute 70 percent of annual accomplishments. EPA does not have direct control over PRP and FF project work completion but does have influence over
negotiations during the enforcement process. Once working commences, PRPs should be following the established schedule to the maximum practical extent. EPA oversees
the PRP work yet has limited influence over the timing of when remedial projects are worked on and/or completed.
• These remedial projects are susceptible to technical issues, equipment downtime, seasonal impacts, and most notably in FY 2021, impacts from the COVID-19 pandemic.
Metric Details: This measure tracks the number of remedial action projects completed at Superfund sites. By tracking the completion of a discrete scope of Superfund cleanup
activities (for both private and federal facility sites), this measure documents incremental progress in reducing risk to human health and the enviromnent. Multiple remedial action
projects may be necessary to achieve sitewide construction completion. EPA captures these data in SEMS.
(PM 151) Number of Superfund sites with human exposures brought under control.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
,1.
Target
9
9
8
12
10
10
Sites
Above Target
Actual
12
24
32
17
20
13
III 1 1 1
Key Takeaways:
• Exceeded the target, achieving 13 Superfund sites with human exposures brought under control, compared with the target of 10.
• Previous human exposures under control determination retractions continue to arise due to issues related to emerging contaminants and vapor intrusion (VI) as a new pathway
for contaminants. EPA anticipates the need to develop potential new rules for contaminants such as lead in the future.
Metric Details: This measure documents progress achieved in controlling unacceptable human exposures to contamination at both private and federal facility Superfund sites and
denotes a site-wide accomplishment. The human exposure determination at a site can change over time as conditions across portions (operable units) of a site change. EPA regional
offices enter human exposure determinations and supporting data into SEMS. Results reflect a net accomplishment as sites can shift between human exposure under control to
human exposure not under control or human exposure insufficient data. The status change often occurs when a previously unknown exposure pathway (e.g., VI) or contaminant is
discovered, and a reasonable expectation exists that people could be exposed or that there are insufficient data to make such a determination until further investigation takes place.
(PM 137) Number of Superfund removals completed.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
iTtit
Target
275
275
175
175
141
141
Removals
Above Target
ITl
Actual
226
255
242
233
197
150
¦ ¦ ¦ ¦ ¦ ¦
Key Takeaways:
• Met the target for Superfund removals completed, achieving 150 compared with the target of 141.
Metric Details: This measure tracks Comprehensive Enviromnental Response, Compensation, and Liability Act (CERCLA) removal-related hazardous waste cleanups, known as
Superfund removal actions, including those that are Superfund-lead and PRP-lead. There is no pre-established universe of removal sites, as removal actions take place after a
release has occurred. Data are tracked in SEMS.
995
-------
GOAL 1: A Cleaner, Healthier Environment
Long-Term Performance Goal - By September 30, 2022, make 3,420 additional brownfields sites RAU742.
Annual performance goals that support this long-term performance goal:
(PM B30) Number of brownfields sites made ready for anticipated use.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
¦ ¦ ¦
rrrm
Target
600
600
684
684
684
684
Sites
Above Target
Actual
547
531
861
910
809
616
i ¦ ¦ ¦ ¦ i
Key Takeaways:
• Missed the target, making 616 brownfields sites ready for anticipated use compared with the target of 684.
• The remaining universe of EPA-funded brownfields sites require more resource-intensive solutions to be made RAU.
• EPA worked aggressively to reduce the backlog of open work packages (collecting delayed data) over FY 2018-2021, resulting in an estimate of 200 additional sites reaching
RAU status.
Metric Details: This measure tracks the number of properties/sites benefiting from EPA brownfields funding that have been assessed and determined not to require cleanup, or
where cleanup has been completed and institutional controls are in place if required, as reported by cooperative agreement recipients into the Assessment, Cleanup and
Redevelopment Exchange System (ACRES) database. This activity results in additional sites available for productive reuse. This measure tracked progress toward an FY 2020-
2021 APG.
(PM B37) Billions of dollars of cleanup and redevelopment funds leveraged at brownfields sites.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
1
Target
1.1
1.1
1.1
1.3
1.3
1.3
Billions of
Above Target
_ ¦ ¦ ¦ | ¦
Actual
1.47
1.7
2.2
2.3
4.9
2.1
Dollars
¦ ¦ ¦ ¦ ¦ ¦
Key Takeaways:
• Exceeded the target, achieving $2.1 billion in cleanup and redevelopment funds leveraged, compared with the target of $ 1.3 billion.
• The result is partially due to EPA completing an effort to reduce the backlog of open work packages.
• EPA anticipates total dollars leveraged to fall closer in line with the $1.3 billion target in future years with completion of the work package effort.
Metric Details: This measure tracks additional dollars leveraged by assessment or cleanup activities conducted with EPA brownfields funding, as reported by cooperative
agreement recipients at a specific property into the ACRES database.
742 From FY 2006 through the end of FY 2017, 5,993 brownfields properties/sites had been made RAU. (Footnote updated from FY 2018-2022 EPA Strategic Plan.)
996
-------
GOAL 1: A Cleaner, Healthier Environment
Long-Term Performance Goal - By September 30, 2022, make 536 additional Resource Conservation and Recovery Act (RCRA) corrective
action facilities RAU743.
Annual performance goals that support this long-term performance goal:
(PM RSRAU) Number of RCRA corrective action facilities made ready for anticipated use.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
nirli
Target
75
91
117
133
Facilities
Above Target
Actual
75
72
117
127
169
146
Key Takeaways:
• Met the target, making 146 RCRA corrective action facilities ready for anticipated use.
Metric Details: This measure tracks the number of RCRA corrective action facilities made RAU. To be determined RAU, facilities must meet the following criteria: human
exposure under control; final cleanup goals achieved for media that would affect the anticipated use; and if needed, controls in place to ensure long-term protectiveness. The
universe for this measure was established in FY 2009 and includes the 3,779 facilities subject to RCRA corrective action. Information is entered into the RCRAInfo database by
authorized states and/or EPA regional offices overseeing cleanups.
(PM CA5RC) Number of RCRA corrective action facilities with final remedies constructed.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
¦ ¦ fl
Target
98
98
73
Facilities
Above Target
Actual
64
67
70
80
64
57
¦ I I I I I
Key Takeaways:
• There were significant issues with completing construction on the remaining universe of sites. These include inclement weather limiting access to sites and ability to complete
construction, and a decrease in staff capacity and availability at the site.
• The remaining cleanups are more complex and resource intensive than completed cleanups.
Metric Details: This measure tracks the number of RCRA corrective action facilities with final remedies constructed. The universe for this measure was established in 2009 and
includes the 3,779 facilities subject to RCRA corrective action. Information is entered into the RCRAInfo database by authorized states and/or EPA regional offices overseeing
cleanups. This measure tracks a mid-term step in the progression toward completing facility cleanup.
743 From FY 1987 through FY 2017,1,232 ofthe universe of 3,779 high priority RCRA corrective action facilities had been made RAU site-wide. (Footnote updated from FY 2018-2022 EPA
Strategic Plan.)
997
-------
GOAL 1: A Cleaner, Healthier Environment
(PM HW5) Number of permit renewals issued at hazardous waste facilities.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
illlfl
Target
64
64
105
100
Facilities
Above Target
lm
Actual
89
125
109
124
104
130
¦ ¦ ¦ ¦ ¦ ¦
Key Takeaways:
• Exceeded the target, issuing 130 permit renewals compared with the target of 100. These results are largely due to increased coordination between headquarters and Regional
offices.
Metric Details: This measure tracks RCRA hazardous waste permit renewals or clean-closures in the universe of permitted facilities using the RCRAInfo database. This does not
include all permit maintenance since permit modifications cannot be projected and are not included. Maintaining up-to-date permits ensures that permitted facilities have consistent
and protective standards to prevent releases. Proper standards for waste management can protect human health, prevent land contamination/degradation and other releases, and
avoid future cleanups and associated costs. 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.
(PM RFW) Number of stakeholder actions taken to increase recycling and reduce food loss and waste.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
No Trend
Data
Target
9,750
Actions
Above Target
Actual
8,968
8,768
Key Takeaways:
• Missed the target, achieving 8,768 stakeholder actions taken to increase recycling and reduce food loss compared with the target of 9,750.
• Shifted resources to support development of the new National Recycling Strategy, which was released on November 15, 2021. This reallocation of support likely reduced
stakeholder results reporting.
Metric Details: This measure tracks the number of stakeholder actions influenced by EPA to increase recycling and reduce food loss and waste. EPA facilitates and incentivizes
stakeholder action through grants, voluntary partnership programs, and public commitment/pledge initiatives. This measure aggregates the number of stakeholders that: (1) receive
EPA recycling and food waste grants; (2) join and participate in EPA voluntary partnership programs including WasteWise, State Measurement Program, Electronics Challenge,
Federal Green Challenge, and Food Recovery Challenge; or (3) sign EPA public commitment/pledge initiatives including America Recycles Pledge, 2030 Food Loss and Waste
Champions, and Winning on Reducing Food Waste. Stakeholder data are collected via EPA's programmatic webpages and the Sustainable Materials Management data
management system. A weighting factor is applied to the different stakeholder actions to account for more significant contributions and influence on the rate of domestic recycling
and reductions of food loss and waste. The weighting factor for new participants in the challenges and WasteWise is 3:1; for active participants in those programs is 7:1; and for
state participants in the State Measurement Program and grant recipients are each 10:1.
998
-------
GOAL 1: A Cleaner, Healthier Environment
Long-Term Performance Goal - By September 30, 2022, complete 56,000 additional leaking underground storage tank (LUST) cleanups that
meet risk-based standards for human exposure and groundwater migration744.
Annual performance goals that support this long-term performance goal:
(PM 112) Number of LUST cleanups completed that meet risk-based standards for human exposure and groundwater migration.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
I¦¦
Target
8,600
8,600
11,200
11,200
11,200
11,200
Cleanups
Above Target
Actual
8,977
8,775
8,128
8,358
7,211
7,271
¦¦¦¦¦¦
Key Takeaways:
• Missed the target, completing 7,271 LUST cleanups that meet risk-based standards for human exposure and groundwater migration, compared with the target of 11,200.
• The targets for this measure were not achievable at current resource levels. Despite these challenges, EPA collaborated frequently with state and regional partners to achieve as
many cleanups as possible.
• With fewer remaining sites to be cleaned up, it continues to get more challenging to meet cleanup targets. The states face challenges such as technically difficult cleanups, lack
of viable responsible parties and cleanup funding, legislative limitations on liability, and variations in cleanup standards and adoption of risk-based corrective action.
• COVID-19 also played a role in reducing site access and state staff availability to oversee cleanups. Owners and operators were hesitant to expend the resources necessary to
move cleanups forward and, in some cases, have been impeded by the availability of cleanup contractors and equipment.
Metric Details: This measure tracks the number of petroleum-contaminated sites where the states, tribes and EPA have completed cleanup activities. The totals include cleanups
reported by states as well as EPA cleanups in Indian Country. Sites in Indian country represent approximately 0.2% of total cleanups completed. EPA uses the LUST4 database to
track progress. The universe of confirmed releases pending cleanup changes over time as releases are identified and cleanups are completed.
(PM UST01) Number of confirmed releases at UST facilities.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
No Trend
Data
Target
No Target
Established
Releases
Below Target
Actual
5,582
5,678
5,654
5,375
4,944
4,991
Key Takeaways:
• The UST prevention program works to ensure that underground sources of drinking water (groundwater) are protected from petroleum and associated chemicals leaking from
USTs. By measuring the annual number of confirmed releases, we anticipate a continued declining trend as prevention measures reduce the number of releases.
Metric Details: This measure tracks the number of confirmed releases discovered at UST facilities during the year. The number of confirmed releases are targeted to decline by
75 each year.
744 By the end of FY 2017, 469,898 LUST cleanups had been completed.
999
-------
GOAL 1: A Cleaner, Healthier Environment
Objective 1.4 - Ensure Safety of Chemicals in the Marketplace: Effectively implement the Toxic Substances Control Act, and the Federal
Insecticide, Fungicide, and Rodenticide Act, to ensure new and existing chemicals and pesticides are reviewed for their potential risks to
human health and the environment and actions are taken when necessary.
Performance toward target over time
Number of measures by percent of target achieved
~ 100% of target met (G)
~ 75-99% of target met (Y)
~ <75% of target met (R)
~ No target (NT)
rrren
FY 2016
rrwi
FY 2017
2 (NT)
TEE
4(G)
FY 2018
2 (NT)
3(Y)
3(G)
FY 2019
2 (NT)
1 (NT) 1
2 (R)
3 (Y)
3(Y)
3(G)
2(G)
FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include
measures that previously existed but were eliminated prior to FY 2021.
Summary of progress toward strategic objective:
Completed 390 Toxic Substances Control Act (TSCA) Sec. 5 notice and exemption
submissions.
Finalized the remaining seven of the first 10 EPA-initiated existing chemical risk
evaluations.
Issued 96 proposed and 145 final significant new use rules (SNURs).
Increased new chemical protections by implementing new policies to stop issuing "not
likely to present an unreasonable risk" determinations based on limited information and
removing the assumption of worker use of personal protective equipment (PPE) in risk
conclusions.
Implemented a new policy on Per- and Polyfluoroalkyl Substances (PFAS) Low Volume
Exemption (LVE) applications and launched a PFAS LVE Stewardship Program.
Finalized five rules on Persistent, Bioaccumulative, and Toxic (PBT) chemicals intended
to provide critical protections for workers and other potentially at-risk groups.
Extended compliance dates and issued a No Action Assurance on one PBT chemical:
phenol, isopropylated phosphate (PIP) (3:1), to prevent supply chain disruption.
Completed 74 pesticide registration review cases and 37 draft risk assessments, raising
those total completions to 555 and 682, respectively, of the 725 that EPA must complete
by October 1, 2022.
Registered 14 pesticide new active ingredients.
Completed 2,556 Pesticide Registration Improvement Act (PRIA) actions with only 64
missing the PRIA due date.
Completed over 300 expedited actions in response to COVID-19, including the addition of
73 List N products effective against SARS-CoV-2 (570 total).
Continued the Office of Pesticide Programs (OPP)'s digital transformation, with the
Antimicrobials Division entering the Salesforce pilot in February 2021 and developing
performance metric dashboards using customer relationship management software in
Salesforce.
Challenges:
• Resource limitations created significant challenges in completing core work in accordance
with the corresponding statutory deadlines and constraining the undertaking of new
initiatives.
• EPA struggled to meet FY 2021 pesticide program core work targets due to litigation of
chemicals in registration review, deficient applications, delays in registrant data or input,
complexity of risk assessments, and volume of public comments on regulatory decisions.
1000
-------
GOAL 1: A Cleaner, Healthier Environment
Long-Term Performance Goal - By September 30, 2022, complete all EPA-initiated TSCA risk evaluations for existing chemicals in
accordance with statutory timelines745.
Annual performance goal that supports this long-term performance goal:
(PM TSCA1) Number of final EPA-initiated TSCA risk evaluations completed within statutory timelines.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
Target
No Target
Established
N/A
10
N/A
Evaluations
Above Target
No Trend Data
Actual
0
N/A
N/A
3
N/A
Key Takeaways:
• No final EPA-initiated TSCA risk evaluations for existing chemicals had statutory deadlines in FY 2021.
• In FY 2021, EPA completed the remaining seven EPA-initiated TSCA risk evaluations for existing chemicals that were initiated in FY 2016.
• The statutory deadline for the next set of EPA-initiated TSCA risk evaluations for existing chemicals is in FY 2023.
Metric Details: This measure tracks risk evaluation activity under TSCA. The risk evaluation process is the second step, following prioritization and before risk management, in
EPA's existing chemical process. A risk evaluation is considered complete when the Federal Register Notice is signed. The purpose of risk evaluation is to determine whether a
chemical substance presents an unreasonable risk to health or the enviromnent, under the conditions of use identified in the final scope document. As part of this process, EPA
must evaluate both hazard and exposure, and ensure decisions are based on the weight-of-scientific-evidence. The baseline is zero in FY 2017, as the TSCA Program is operating
under new statutory authority. EPA initiated the next set of 20 risk evaluations in FY 2020, which are targeted to be completed within the full statutory timeframe of three and a
half years. FY 2019 and FY 2021 have targets of Not Applicable because there were no statutory deadlines those years.
Long-Term Performance Goal - By September 30, 2022, complete all TSCA risk management actions for existing chemicals in accordance
with statutory timelines746.
Annual performance goal that supports this long-tenn performance goal:
(PM TSCA2) Number of final existing chemical TSCA risk management actions completed within statutory timelines.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
Target
No Target
Established
N/A
N/A
1
Actions
Above Target
No Trend Data
Actual
0
N/A
N/A
N/A
5
745 There is no baseline for this measure, as the program is operating under new statutory authority.
740 There is no baseline for this measure, as the program is operating under new statutory authority.
1001
-------
GOAL 1: A Cleaner, Healthier Environment
Key Takeaways:
• EPA finalized five rules on PBT Chemicals intended to provide critical protections for workers and other potentially at-risk groups.
• In addition, EPA extended compliance dates and issued a No Action Assurance on one PBT Chemical: PIP (3:1), to prevent supply chain disruption.
Metric Details: This measure tracks the number of risk management actions completed within statutory deadlines under TSCA. Risk management actions targeted for completion
through FY 2022 address certain PBT chemicals. Statute requires a final rule to be issued by December 21, 2020 (in FY 2021). The baseline is zero in FY 2017, as the TSCA
Program is operating under new statutory authority. FY 2019 and FY 2020 have targets of Not Applicable because there were no statutory deadlines in those years. Future actions
to be targeted will address risks from existing chemicals identified in the risk evaluation process. Final risk management actions for those chemicals must be completed within the
statutory period of two years after publication of the final risk evaluation (if unreasonable risk to human health or the enviromnent is identified); a maximum two-year extension is
allowed.
Long-Term Performance Goal - By September 30, 2022, complete all TSCA pre-manufacture notice final determinations in accordance with
statutory timelines747.
Annual performance goals that support this long-term performance goal:
(PM TSCA3) Percentage of final TSCA new chemical determinations for Pre-Manufacture Notices, Significant New Use Notices and Microbial Commercial Activity
Notices completed within the initial 90-day statutory timeframe.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
Target
65
80
80
80
Percent
| |
Actual
27
58.4
78
65
64
Above Target
¦MM
Numerator
67
45
103
52
86
Final
Denominator
248
77
132
80
134
Determinations
Key Takeaways:
• Faced implementation challenges with risk assessments, submission of new information, and data submission in the context of incomplete information submitted by
manufacturers. In addition, resource constraints forced trade-offs between new and backlogged submissions, constraining progress in both areas.
Metric Details: This measure tracks a subset of EPA's new chemicals review activity under TSCA - the review of Pre-Manufacture Notices (PMNs), Significant New Use Notices
(SNUNs) and Microbial Commercial Activity Notices (MCANs) (but not new chemicals reviews covered by exemptions). EPA conducts these reviews prior to approving new
chemicals or microbial substances in commerce, or new uses for existing chemicals that are subject to a SNUR, to determine whether the chemical substance or significant new use
presents an unreasonable risk to human health or the environment. The statute requires a base review period of 90 days and allows EPA to extend this period another 90 days or for
a different period at the request of a submitter. This measure tracks performance against the initial 90-day deadline only and tracks final determinations for submissions received
by EPA in that fiscal year. Additional information and statistics about the New Chemicals Program are available at https://www.epa.gov/reviewing-new-chemicals-under-toxic-
substances-control-act-tsca/statistics-new-chemicals-review.
747 Baseline is 58.4% of determinations made within 90 days in FY 2018. (Footnote updated from FY 2018-2022 EPA Strategic Plan published February 12,2018.)
1002
-------
GOAL 1: A Cleaner, Healthier Environment
(PM TSCA3b) Percentage of final TSCA new chemical determinations for Pre-Manufacture Notices, Significant New Use Notices and Microbial Commercial Activity
Notices completed within the full timeframes allowable by statute.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
Target
100
100
100
Percent
Above Target
1
II
Actual
100
100
100
100
100
Numerator
567
292
429
347
197
Final
Determinations
Denominator
567
292
429
347
197
Key Takeaways:
• Completed 390 TSCA Sec. 5 notice and exemption submissions.
• Issued 96 proposed and 145 final SNURs.
Metric Details: This measure tracks a subset of EPA's new chemicals review activity under TSCA, the review of PMNs, SNUNs, and MCANs (but not new chemicals reviews
covered by exemptions). EPA conducts these reviews prior to approving new chemicals or microbial substances in commerce, or new uses for existing chemicals that are subject to
a Significant New Use Rule, to determine whether the chemical substance or significant new use presents an unreasonable risk to human health or the enviromnent. EPA has the
authority to agree to voluntary suspensions of the initial 90-day statutory deadline at the request of a submitter. These suspensions provide EPA additional time to complete the
required review following receipt of additional necessary information. This measure tracks performance against the full timeframes authorized under the statute. A performance
result of 100% indicates that there were no instances in which EPA failed to complete a final determination within the agreed upon period of review. The baseline is 100% of
determinations made within full timeframes allowable by statute in FY 2017.
Long-Term Performance Goal - By September 30, 2022, complete all cases of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)-
mandated decisions for the pesticides registration review program748.
Annual performance goals that support this long-term performance goal:
(PM FIFRA1) Number of FIFRA decisions completed through pesticides registration review.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
vf.
Target
58
75
110
110
Decisions
Above Target
Mill
Actual
41
56
64
80
98
74
Key Takeaways:
• EPA has completed over 76% of cases EPA must review by October 1, 2022.
• Faced challenges with litigation responses (chlorpyrifos, triazines, glyphosate), petitions (seed treatment, clothianidin, glyphosate), the high volume of public comments on
preliminary decisions, the late submission of data, time needed to coordinate with other EPA offices (ethylene oxide, formaldehyde), and the workload associated with
processing new antimicrobial product applications for COVID-19 response.
748 Baseline is a total of 239 decisions completed through FY 2017 of the known universe of 725. (Footnote updated from FY 2018-2022 EPA Strategic Plan published February 12, 2018.)
1003
-------
GOAL 1: A Cleaner, Healthier Environment
Metric Details: Through the Pesticide Registration Review Program, EPA is reviewing each registered pesticide every 15 years to determine whether it still meets the FIFRA
standard for registration. FIFRA requires that all pesticides intended for use in the U.S. be registered (licensed) by EPA to ensure that they do not cause "any unreasonable risk to
man or the environment taking into account the economic, social, and enviromnental costs and benefits of the use of any pesticide." By law, EPA must complete the first 15-year
cycle of registration review by October 1, 2022. The baseline is a total of 239 decisions completed through FY 2017 of a known universe of 725 cases (33%). Targets represent
annual increments needed to reach the long-term performance goal by FY 2022.
(PM FIFRA2) Number of FIFRA registration review draft risk assessments completed.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
IfK
Target
70
72
80
60
Risk
Above Target
|l
n
Actual
59
76
112
85
100
37
Assessments
1 1
¦ 111
Key Takeaways:
• Completed fewer risk assessments than anticipated due to delays in registrant data or input, complexity of registrant data for certain chemicals, and the workload associated
with processing new antimicrobial applications for COVID-19 response.
• EPA has completed 94% of draft risk assessments in support of the first cycle of registration review.
Metric Details: The baseline is a total of 349 draft risk assessments completed through FY 2017 of a known universe of 725 cases (48%).
Long-Term Performance Goal - By September 30,2022, reduce the Pesticide Registration Improvement Act (PRIA) registration decision timeframe by an average of 60
days749.
Annual performance goals that support this long-term performance goal:
(PM PRIA1) Average number of days to complete PRIA decisions for new active ingredients.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
¦ ¦
Direction
m
Target
643
631
619
607
Days
Below Target
Actual
687
638
603
686
876
852
¦ 11111
Key Takeaways:
• Experienced delays due to an adjustment to science review committee schedules in FY 2019, deficient applications, and the need for additional information to make regulatory
determinations (e.g., new metabolite of concern identified which required additional data submission). EPA completed decisions for 14 new active ingredients in FY 2021,
with timeframes ranging from 304 to 1,444 days. Five new active ingredients had decision timeframes greater than 1,000 days.
• Six of the 14 FY 2021 new active ingredients for which PRIA decisions were completed (43%) had statutory timeframes (730 days) that exceed the annual target, even
without statutorily allowed extension of the due date being taken into account.
• Building on the existing augmented performance tracking for conventional pesticide new active ingredients, EPA expanded this effort to include biopesticide new active
ingredients (the majority of new active ingredients completions in recent years), with tracking and data visualization provided using the new Salesforce system developed as
part of EPA's digital transformation.
749 Baseline is an average timeframe of 655 days (range: 93-2,086 days) for PRIA decisions for 68 new active ingredients completed in FY 2015-2017.
1004
-------
GOAL 1: A Cleaner, Healthier Environment
Metric Details: To expedite the review and licensing of pesticides' new active ingredients, EPA will reduce the incidence of PRIA negotiations, improve meeting the timeframes
specified in PRIA, and expedite the overall processing of reduced risk pesticides. The baseline is an average timeframe of 655 days (range: 93 to 2,086 days, standard deviation of
395 days) for PRIA decisions for 68 new active ingredients completed in FY 2015-2017. There are 36 different PRIA categories that relate to new active ingredients, with statutory
time frames ranging from 7 to 24 months.
(PM PRIA2) Average number of days exceeding the PRIA decision timeframes for new active ingredients where the original PRIA due date was not met.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
1 1 1
Target
263
Days
Below Target
lilll
Actual
117
155
353
353
297
Key Takeaways:
• Result driven by three conventional pesticides out of 13 new active ingredients; reasons for missed target include deficient applications, data compensation issues, new
metabolite of concern identified for one of the three active ingredients with additional data required, risk mitigation (including pollinator issues) and registrant response on risk
mitigation language, and high volume of public comments.
Metric Details: The baseline is an average of 316 days exceeding the PRIA decision timeframes in the statute (range: 15 to 1,538 days) for 42 new active ingredients completed in
FY 2015-2017.
(PM 091) Percentage of decisions (registration actions) completed on time (on or before PRIA or negotiated due dates).
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
Target
96
97
99
99
99
99
Percent
Actual
99
99
99.7
98
98
97
Above Target
Numerator
2,157
2,008
2,193
2,034
2,339
2,492
Decisions
1 1 1 1 1 1
Denominator
2,174
2,026
2,199
2,085
2,385
2,556
Key Takeaways:
• Sixty-four PRIA actions were completed after the original or renegotiated (if the action was renegotiated) due date. There were higher than normal late completions for inert
clearance actions and amendments for antimicrobial products adding claims related to List N for COVID-19 response.
Metric Details: Whereas PM PRIA1 tracks performance for new active ingredient decisions only, this measure relates to all PRIA categories described in the fee tables in FIFRA
section 33(b)(3). Additionally, FIFRA section 33(f)(5) allows that EPA and the applicant may mutually agree to extend a decision time review period. Decisions completed on or
before the negotiated due date but after the original PRIA due date are still considered "on-time" under this measure. More information on PRIA can be found at
https://www.epa.gov/pria-fees/pria-overview-and-history. The baseline is 94% average of decisions completed on-time from FY 2014-2016.
1005
-------
GOAL 1: A Cleaner, Healthier Environment
Other Core Work supporting Objective 1.4
Annual performance goals:
(PM P2mtc) Reductions in million metric tons of carbon dioxide equivalent (MMTC02e) released per year attributed to EPA pollution prevention grants.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
llll
Target
No Target
Established
MMTC02e
Above Target
Actual
1,615,883
1,698,160
1,596,876
1,494,189
Data Avail
10/2022
Data Avail
10/2022
Key Takeaways:
• FY 2021 results are not available due to the reporting lag noted below.
• Entities eligible for pollution prevention grants include state governments, colleges and universities recognized as instrumentalities of the state, and federally recognized tribes
and intertribal consortia. In September 2020, EPA selected 42 such organizations to receive $9.3 million in funding for FY 2020-2021 pollution prevention grants.
Metric Details: This measure tracks MMTC02e reductions from all Pollution Prevention Grant Program activities. MMTC02e is calculated by using an online tool to convert
standard metrics for electricity, green energy, fuel use, chemical substitutions, water management, and materials management into MMTC02e (https://www.epa.gov/p2/pollution-
prevention-tools-and-calculators). In addition to greenhouse gas reductions, pollution prevention grants deliver financial savings and reductions in hazardous materials, water use,
and energy use. Pollution prevention grants are "two-year" grants, with an optional third year for follow-up reporting and case study development. These grants have annual
reporting but with a one-year reporting lag due to the grant reporting cycle. Baseline reduction of 299,000 metric tons of carbon dioxide equivalent (MMTC02e) is attributed to
EPA pollution prevention grants in FY 2019.
(PM SCI) Number of new products certified by EPA's Safer Choice program.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
llllll
Target
200
Products
Above Target
Actual
247
240
249
265
264
233
1 1 1 1 1 1
Key Takeaways:
• The Safer Choice program has been challenged to grow and improve while meeting demand for certification.
• EPA plans to improve the tools that help product manufacturers submit high quality certification applications and in turn reduce EPA resource expenditure to review and
certify products. These include third parties who can guide companies through the submission process and prepare dossiers for EPA certification decisions, and the Safer
Chemical Ingredients List.
Metric Details: This measure tracks the total number of products certified by the Safer Choice program at the end of the year. Safer Choice is a voluntary program that helps
consumers, businesses, and purchasers find products that contain ingredients that are safe for human health and the enviromnent. Before a product can carry the Safer Choice label,
EPA reviews all chemical ingredients, regardless of their percentage in the product. Every ingredient must meet stringent safety criteria for both human health and the
enviromnent, including carcinogenicity, reproductive/developmental toxicity, toxicity to aquatic life, and persistence in the enviromnent. Certified products are verified by EPA to
meet the Safer Choice Standard through initial certification, annual audits, and recertification every three years. The total includes Design for the Environment-certified
antimicrobial products. Data are tracked in EPA's Safer Choice database. For additional information: https://www.epa.gov/saferchoice.
1006
-------
GOAL 2: More Effective Partnerships
Goal 2 at a Glance
More Effective Partnerships: Provide certainty to states, localities, tribal nations, and the regulated community in carrying out shared
responsibilities and communicating results to all Americans.
FY 2021 Enacted Budget (in thousands) by goal and objective
Goal 2 More Effective Partnerships
$331,434
(of $9,237,153
EPA total)
Obj 2.1 Enhance Shared Accountability
$310,190
Obj 2.2 Increase Transparency and
Public Participation
$21,244
FY 2021 Performance toward target by objective
Number of measures by percent of target achieved
~ 100% of target met (G)
~ 75-99% of target met (Y)
Obj 2.1
Obj 2.2
1007
-------
GOAL 2: More Effective Partnerships
Objective 2.1 - Enhance Shared Accountability: Improve environmental protection through shared governance and enhanced collaboration
with state, tribal, local, and federal partners using the full range of compliance assurance tools.
Performance toward target over time
Number of measures by percent of target achieved
~ 100% of target met (G)
~ 75-99% of target met (Y)
1 (Y)
1 (Y)
1(G)
1(G)
1 (Y)
1(G)
FY 2016 FY 2017
FY 2018 FY 2019 FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include
measures that previously existed but were eliminated prior to FY 2021.
Summary of progress toward strategic objective:
• Met compliance monitoring target by conducting 3,200 on-site inspections and 7,500 off-
site compliance monitoring activities.
• Maximized use of advanced monitoring technologies, such as the Geospatial Measurement
of Air Pollution (GMAP) mobile air monitoring vehicle, to support Clean Air Act
inspections, identity community impacts, and target facilities for inspections.
• Surveyed over 100 EPA grant programs to better understand their reporting and tracking
processes for the Grant Commitments Met EPA Learning Agenda priority area. Results
will inform a sustainable, consistent process to negotiate and track outcomes for grants.
• Collaborated with states and tribes on eight E-Enterprise projects: developed a citizen
science story map and completed 12 technical tribal case studies to increase awareness and
share best practices with partners; trained inspectors from 37 states on the Smart Mobile
Tools for Inspectors; initiated a collaborative Integrated Compliance Information System
(ICIS) modernization board comprised of 10 state and local members and seven EPA
members to ensure partner needs are considered as we update ICIS; over 300 facility
reporters from Georgia, Washington, D.C. and Arizona used EPA's Combined Air
Emissions Reporting System to report facilities' air emissions.
• Reviewed and approved 90% of state and tribal Quality Assurance Project Plans (QAPPs)
within 120 days.
• Drafted EPA tribal direct implementation report that lays out a recommended framework
for sustainable data reporting and review to improve tracking and accountability.
• Implemented over 1,600 actions from the 500 completed EPA-Tribal Enviromnental Plans
(ETEPs), a joint planning approach to inform decisions on financial and technical
assistance for enviromnental programs.
• Completed 110 tribal consultations, for a total of more than 767 since FY 2011.
• Held one national tribal conference call and 35 EPA-tribal topical workgroup calls on
proposed Indian General Assistance Program (GAP) guidance revisions to provide clarity,
reduce administrative burden, and provide maximum flexibility for tribes; and seven
outreach/listening sessions on the allocation formula.
Challenges:
• EPA has no comprehensive system for tracking grant-related activities to evaluate
enviromnental outcomes on a national scale.
• COVID-19 continues to disrupt some key compliance assurance activities, including a
reduction in on-site inspections.
• COVID-19 continues to make it difficult to host in-person consultations with tribes,
limiting their full participation in EPA consultation.
1008
-------
GOAL 2: More Effective Partnerships
Long-Term Performance Goal - By September 30, 2022, increase the number of grant commitments achieved by states, tribes, and local
communities750.
There are no annual performance goals associated with this long-term performance goal for FY 2021.
Long-Term Performance Goal - By September 30, 2022, increase the use of alternative shared governance approaches to address state,
tribal, and local community reviews751.
There are no annual performance goals associated with this long-term performance goal for FY 2021.
Other Core Work supporting Objective 2.1
Annual performance goal:
(PM 409) Number of federal on-site compliance monitoring inspections and evaluations and off-site compliance monitoring activities.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
,V_
Target
15,500
14,000
10,000
10,000
10,000
10,000
Inspections &
Above Target
Actual
13,500
11,800
10,600
10,300
8,500
10,800
Evaluations
¦ I I I I I
Key Takeaways:
• Due to the challenges of COVID-19, on-site inspection numbers remained low during much of FY 2021. However, EPA continued to prioritize off-site compliance monitoring
activities (for example: review of responses to information requests to assess compliance; review of facility monitoring reports and/or sampling data) when on-site inspections
were not possible, enabling the Agency to exceed the target.
• The FY 2021 results included approximately 3,200 on-site inspections and 7,500 off-site compliance monitoring activities. The sum of the two categories is a more reliable
value because it smooths out some variability due to inconsistent definitions. Additionally, EPA has not historically required most types of off-site compliance monitoring
activities to be entered into an EPA database, so these numbers are likely an incomplete snapshot of EPA's compliance monitoring activities. Due to the challenges of
COVID-19, we cannot predict how the proportion of on-site inspections and off-site compliance monitoring activities will change in the future.
• Issued guidance in April 2020 to provide nationally consistent definitions for on-site inspections and off-site compliance monitoring (effective for all of FY 2020 for on-site
inspections and from 4/1/2020 forward for off-site compliance monitoring). More consistent definitions and data entry will make the subtotal data more reliable going forward.
Metric Details: This measure tracks EPA inspections and off-site compliance monitoring activities to determine whether a facility or group of facilities is in compliance with
applicable law. The measure was modified in FY 2018 to clarify the types of activities included. The targets reflect a recognition that states conduct the vast majority of inspections
and an EPA focus on direct implementation programs.
750 Universe (number of commitments contained in Performance Partnership Grants) is under development. (Footnote updated from FY 2018-2022 EPA Strategic Plan published February 12, 2018.)
751 There is no baseline fortius measure. (Footnote updated from FY 2018-2022 EPA Strategic Plan published February 12, 2018.)
1009
-------
GOAL 2: More Effective Partnerships
Objective 2.2 - Increase Transparency and Public Participation: Listen to and collaborate with impacted stakeholders and provide effective
platforms for public participation and meaningful engagement.
Performance toward target over time
Number of measures by percent of target achieved
~ 75-99% of target met (Y)
~ <75% of target met (R)
~ No target (NT)
1 (NT)
1 (Y)
1 (Y)
FY 2016
FY 2017 FY 2018 FY 2019 FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include
measures that previously existed but were eliminated prior to FY 2021.
Number of Overdue FOIA Requests, Mar 2018 - Sep 2021
2,500
2,000
1,500
1,000
500
0
~ ~
J"?
* ^ ^ ^ <5® ^
Summary of progress toward strategic objective:
• Eliminated an additional 13 percent of the backlog of overdue Freedom of Information
Act (FOIA) responses in FY 2021 as compared to the April 2018 baseline; reviewed and
assigned for processing 6,485 FOIA requests, processed 343 expedited FOIA requests,
and processed 974 applications for fee waiver.
• Issued new agencywide FOIA Policy and FOIA Procedures, delivered a week-long
training for more than 250 EPA FOIA professionals and managers, issued an updated
FOIA training toolkit, and provided FOIA training for all EPA staff through FedTalent.
• EPA's National Freedom of Information Office provided oversight, project management,
legal counseling, training support, and cross-agency coordination for the Agency's most
complex and potentially sensitive FOIA requests, including requests pertaining to the
COVID-19 pandemic, Bristol Bay/Pebble Mine, the Department of Justice's August 2019
Supplemental Environmental Projects (SEP) memo, and Florida's assumption of Clean
Water Act Section 404 permitting authority, and processing reform in the Office of
Chemical Safety and Pollution Prevention.
Challenges:
• The pace of EPA's FOIA backlog reduction is challenged by the historically large backlog
of overdue FOIA requests in two offices that will likely require both time and significant
resources to reduce.
• In November 2021, EPA announced its decision to sunset FOIAonline at the end of
calendar year 2023. Consequently, a challenge facing EPA in FY 2022 through 2024 is
procuring, deploying, and training staff on use of a new FOIA case management and
recordkeeping software solution.
] Actual
¦Target
1010
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Long-Term Performance Goal - By September 30, 2022, eliminate the backlog and meet statutory deadlines for responding to Freedom of
Information Act (FOIA) requests752.
Annual performance goal that supports this long-term performance goal:
(PM FOl) Percentage reduction in overdue FOIA requests from the April 2018 baseline.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
1
1
Target
No Target
Established
25
50
75
Percent
Above Target
Actual
-9
16
45
58
Numerator
-224
409
1,142
1,481
Requests
Denominato
r
2,537
2,537
2,537
2,537
Key Takeaways:
• Reduced the backlog of overdue FOIA requests by an additional 13% this fiscal year during a global pandemic. The backlog was 1,056 at the end of FY 2021, an overall 58%
reduction from the April 2018 baseline of 2,537.
• Reviewed and assigned all incoming FOIA requests on average in less than one business day.
• Reduced the average time to issue decisions on applications for expedited FOIA processing by 63% compared with FY 2020 (average of 7.77 days in FY 2021 compared to
21.06 days in FY 2020).
• The Office of General Council eliminated the backlog of more than 170 applications to process fee waiver decisions in under two weeks of receipt (974 total fee waivers
processed in FY 2021).
• Reviewed and corrected over 10,000 invoices dating back to 2011 to confirm and validate fee collections, eliminate duplicate entries, and indicate fees not to be collected.
• Established a contract for FOIA document reviewers as a pilot for creating surge capacity up to three years and $4 million.
• Enhanced FOIA training and communication tools by hosting a four-day FOIA training conference in November 2020; updating the FOIA Toolkit for EPA staff with an
improved appendix of template letters to enhance and ensure consistent practices throughout EPA; and improving the Agency's FOIA SharePoint site as a one-stop place for
Agency FOIA information.
Metric Details: For purposes of this measure, overdue requests are defined as the sum of requests that are indicated in FOIAonline.gov as pending beyond the statutory or agreed
deadline of 20 working days, or 30 days or longer with an extension. EPA is focusing on reducing the FOIA backlog the Agency built up over the years and on improving the
FOIA process which gives the public the right to make requests for federal agency records. The complexity and volume of electronic documents that must be searched, collected,
and reviewed has increased over time. The Agency will ensure that it can support the timely searching and collection of electronically stored information for purposes of
responding to FOIA requests and other information needs in a cost-effective and sustainable manner. This should not only help the Agency provide the public with the information
requested, but also reduce the fees and lawsuits the Agency incurs from missing FOIA response deadlines. As of April 2018, there were 2,537 overdue FOIA requests in the
backlog.
752 As of April 2018, there were 2,537 overdue FOIA requests in the backlog. (Footnote updated from FY 2018-2022 EPA Strategic Plan published February 12,2018.)
1011
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Goal 3 at a Glance
Greater Certainty, Compliance, and Effectiveness: Increase certainty, compliance, and effectiveness by applying the rule of law to achieve more
efficient and effective agency operations, service delivery, and regulatory relief.
FY 2021 Enacted Budget (in thousands) by goal and objective
Goal 3 Greater Certainty, Compliance, and... |
Obj 3.1 Compliance with the Law
Obj 3.2 Create Consistency and Certainty ~ $72,879
Obj 3.3 Prioritize Robust Science
Obj 3.4 Streamline and Modernize ^ $34,654
Obj 3.5 Improve Efficiency and Effectiveness
$412,052
$1,882,936
(of $9,237,153 EPA
total)
$501,828
$895,927
FY 2021 Performance toward target by objective
Number of measures by percent of target achieved
Obj 3.1
Obj 3.2"
1(G)
Obj 3.3
~ 100% of target met (G)
~ 75-99% of target met (Y)
~ <75% of target met (R)
1 (Y)
Obj 3.4
Obj 3.5
*The FY 2021 APR does not include reporting on FY 2018-2022 EPA Strategic Plan objective 3.2. Consistent
with OMB guidance for this transition year during which agencies are developing new strategic goals and
objectives that will be reflected in the update to the strategic plan, EPA is reporting only on FY 2018-2022
EPA Strategic Plan strategic objectives that align with the current Administration's priorities.
1012
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Objective 3.1 - Compliance with the Law: Timely enforce environmental laws to increase compliance rates and promote cleanup of
contaminated sites through the use of all of EPA's compliance assurance tools, especially enforcement actions to address environmental
violations.
Performance toward target over time
Number of measures by percent of target achieved
~ 100% of target met (G)
1(G)
2(G)
2(G)
4(G)
FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include
measures that previously existed but were eliminated prior to FY 2021.
Percentage of NPDES Permittees in Significant
Noncompliance with their Permit Limits, Dec 2018 - Sep 2021
20%
18%
16%
14%
12%
10%
Dec-18 Mar-19 Jun-19 Sep-19 Dec-19 Mar-20 Jun-20 Sep-20 Dec-20 Mar-21 Jun-21 Sep-21
i i Artnal ^^^Target
Summary of progress toward strategic objective:
• Issued three memoranda on steps to incorporate enviromnental justice in EPA civil,
criminal, and cleanup enforcement, and one to promote use of all appropriate injunctive
relief tools in civil settlements to ensure enviromnental laws and policies deliver benefits to
all individuals and communities. (See https://www.epa.gov/enforcement/environmental-
iustice-enforcement-and-compliance-assurance-initiative.)
• Supported Compliance Advisors (aka Circuit Riders) to assist and train about 100 small
public water systems and 50 wastewater treatment facilities in areas with enviromnental
justice concerns.
• Developed an innovative enforcement and compliance approach for the American
Innovation and Manufacturing (AIM) Act rule published October 5, 2021 to phase down
the use of hydrofluorocarbons (HFCs) and protect the climate by detecting, deterring, and
disrupting any attempt to illegally import, produce, or use HFCs.
• Issued 457 actions to stop the importation of unregistered or misbranded products making
false claims of effectiveness against COVID-19. Worked with Customs and Border
Protection as part of a COVID-19 Fraud Initiative, with four defendants sentenced for
violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
• Civil actions resulted in $8.47 billion in injunctive relief, $1.06 billion in penalties, 285
million lbs of pollutants reduced, and 7.58 billion lbs of waste properly managed. Criminal
cases secured $22 million in penalties, 28 years of incarceration, and charges against 105
defendants. Oversaw open consent decrees with over $78 billion of injunctive relief.
• National Initiative Accomplishments:
o Clean Water: Reduced the Clean Water Act National Pollutant Discharge Elimination
System (NPDES) significant noncompliance rate from 16.4% to 12.6%.
o Stopping Aftermarket Defeat Devices for Vehicles and Engines: Resolved 51 tampering
and aftermarket defeat device cases, a 37% increase from FY 2020.
o Safe Drinking Water: Evaluated 10% of Large Systems for compliance through inspections
and/or off-site desk audits. Trained and credentialed more than 60 inspectors nationwide.
Challenges:
• COVID-19 has adversely affected many of EPA's enforcement activities.
• Despite continued efforts, in FY 2021, ~2\ million Americans consumed water provided by
a Community Water System with at least one health-based violation and -3,100 systems
violated one or more health-based drinking water standards at some point during the year.
• EPA continues to identify state data issues (e.g., definition, entry, completeness) and issues
with transferring data from state to EPA systems.
1013
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Long-Term Performance Goal - By September 30, 2022, reduce the average time from violation identification to correction753.
Annual performance goals that support this long-term performance goal:
(PM 444) Percentage of EPA inspection reports timely completed and sent within 70 days of inspection.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
II
Target
75
Percent
Above Target
Actual
83
85
Numerator
4,177
1,940
Reports
Denominator
5,037
2,287
Key Takeaways:
• Ongoing cooperation between EPA headquarters and regional offices continues to ensure that inspection reports completed by EPA are sent to facilities within 70 calendar
days of an inspection.
Metric Details: This measure tracks the percentage of inspection reports completed by EPA and sent to the facility within 70 calendar days of an inspection. Improving the
timeliness of these activities allows the facility to more quickly address compliance issues. The 75% goal recognizes that it may not always be possible or appropriate to provide an
inspection report within 70 days because of the nature and complexity of the compliance and enforcement program. The baseline for this measure is 46% at the beginning of FY
2019.
(PM 436) Number of open civil judicial cases more than 2.5 years old without a complaint filed.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
III
Target
129
120
99
Cases
Below Target
Actual
94
74
66
Key Takeaways:
• Ongoing, close cooperation between EPA headquarters, regional offices, and the Department of Justice (DOJ) continues to ensure the most challenging cases move toward
resolution at an appropriate speed, more quickly returning violators to compliance and supporting increases in pounds of pollutants reduced and pounds of waste managed.
EPA headquarters, regional offices, and DOJ are also collaborating on best practices to ensure timely conclusion of cases.
Metric Details: This measure represents the number of open civil judicial cases (excluding Superfund, bankruptcy, collection action, and access order cases) that are more than 2.5
years old without a complaint filed. The average time from referral to complaint for a complaint filed between FY 2013 and FY 2017 was 2.5 years. The baseline for this measure
is 129 cases that were more than 2.5 years old without a complaint filed as of June 30, 2018.
753 As a proxy, EPA is measuring the number of all referred no complaint filed (RNCF) civil judicial cases that are more than 2.5 years old. EPA is working in close cooperation with the U.S.
Department of Justice to ensure that cases move toward resolution at an appropriate speed in order to more quickly return violators to compliance. (Footnote updated from FY 2018-2022 EPA
Strategic Plan published F ebruary 12,2018.)
1014
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Long-Term Performance Goal - By September 30, 2022, increase the environmental law compliance rate754.
Annual performance goal that supports this long-term performance goal:
(PM 446) Quarterly Percentage of Clean Water Act National Pollutant Discharge Elimination System (NPDES) permittees in significant noncompliance with their
permit limits.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
llll
Target
12.7
Percent
Below Target
Actual
20.3
17.1
16.4
12.6
Numerator
8,310
7,015
6,941
5,330
Permittees
Denominator
40,944
41,085
42,334
42,429
Key Takeaways:
• Reduced the NPDES significant noncompliance (SNC) rate to 12.6% from the FY 2018 baseline of 20.3%.
• This success is the result of an all-in effort with EPA and states. EPA and each NPDES-authorized state meet every quarter to discuss the state's SNC rate as well as high-
priority SNC cases and ways to resolve them.
• Worked closely with selected states with significant data completeness problems to resolve data issues that produce SNC cases, and developed compliance assistance
resources such as a webinar series for permittees.
Metric Details: This measure tracks the NPDES SNC/Category 1 noncompliance rate among individually permitted major and non-major (minor) NPDES permittees during the
last quarter of the fiscal year. NPDES SNC/Category 1 noncompliance identifies a specific level of violation, based on duration, severity, and type of violation, and is assessed
quarterly. The numerator counts major and minor permittees that were in SNC/Category 1 noncompliance during the last quarter of the fiscal year. The denominator includes all
active individually-permitted NPDES permittees (except permittees for which there is insufficient permit data/compliance tracking status in ICIS-NPDES for the data system to
evaluate SNC status). The FY 2018 baseline of 20.3% represents an average based on four quarters of data.
Other Core Work supporting Objective 3.1
Annual performance goal:
(PM 434) Millions of pounds of pollutants and waste reduced, treated, or eliminated through concluded enforcement actions.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
L
Target
325
325
325
325
Millions of
Pounds
Above Target
Actual
62,223
461
810
347
2,058
7,864
754 This concept will be piloted by focusing initially on decreasing the percentage of Clean Water Act (CWA) National Pollutant Discharge
Elimination System (NPDES) permittees in significant noncompliance with their permit limits. (Footnote updated from FY 2018-2022 EPA Strategic
Plan published February 12, 2018.)
1015
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Key Takeaways:
• A settlement resolving a Resource Conservation and Recovery Act case with US Magnesium resulted in a reduction of more than 7 billion pounds of hazardous waste,
accounting for over 90% of the total in FY 2021.
• Targets for this measure are estimates based on cases in development and past results. Results in any given year are dependent on actual case outcomes, which are variable and
difficult to predict. Annual totals are often influenced by a few large cases.
Metric Details: This measure combines estimated pounds of air, water, hazardous and non-hazardous waste, and toxics/pesticides pollutants reduced, treated, or eliminated through
concluded enforcement actions. Prior to FY 2018, pounds of pollutants reduced, treated, or eliminated for different media were tracked using separate measures.
1016
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Objective 3.3 - Prioritize Robust Science: Refocus the EPA's robust research and scientific analysis to inform policy making.
Performance toward target over time
Number of measures by percent of target achieved
~ 100% of target met (G)
~ No target (NT)
1 (NT)
1(G)
1(G)
1(G)
FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include
measures that previously existed but were eliminated prior to FY 2021.
Percentage of Research Products Meeting Customer
Needs, Sep 2018 - Sep 2021
100%
90%
80%
70%
60%
50%
Sep-18
Sep-19
ZlActual
Sep-20
•Target
Sep-21
Summary of progress toward strategic objective:
• The FY 2021 customer satisfaction survey found that 93% of products delivered by EPA's
Office of Research and Development (ORD) met partner needs (see graph at lower left).
Challenges:
• The COVID-19 pandemic lias forced most of the ORD workforce into full-time telework in
order to protect the health and safety of staff members. This has resulted in a slowdown of
certain portions of ORD's in-lab research. ORD is continuing to evaluate the risks posed by
COVID-19 in order to fulfil its research obligations. Despite this challenge, in FY 2021, 82%
of ORD's regional labs met the sample analysis timeliness target (each Regional Lab sets its
own target that is greater than or equal to 80% each month). These services directly support
the work of EPA programs and local, state, and tribal agencies. Timeliness is a key factor in
measuring laboratory efficiency.
• ORD faces a challenge in sustaining a suitably trained and skilled workforce. As of October
2021, 25.7% of ORD career staff are retirement eligible. ORD continually works to improve
hiring efficiencies and implement leadership succession planning.
• ORD's work is threatened by aging equipment and facility infrastructure. In FY 2020, ORD
stood up a new organization, the Research Support and Compliance Division (RSCD), to
mitigate infrastructure and facility risks. Throughout FY 2021 RSCD lias led repair and
improvement projects to address aging infrastructure concerns and their impact on research.
1017
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Long-Term Performance Goal - By September 30, 2022, increase the percentage of research products meeting customer needs755.
Annual performance goal that supports this long-term performance goal:
(PM RD1) Percentage of Office of Research and Development (ORD) research products meeting partner needs.
I V 201(.
I V 20 r
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
Targel
No Target
Established
77
80
81
Percent
Above Target
Actual
77
"•J
SO
Numerator
171
154
120
00
Products
Dcnominalor
222
196
150
64
Key Takeaways:
• Products evaluated in FY 2021 that met customer needs included: an updated version of EPA's Computational Toxicology (CompTox) Chemicals Dashboard, which
integrates available information to help decision-makers and scientists quickly and efficiently evaluate thousands of chemicals; a series of scientific and regulatory support
products developed to support EPA's regulatory air dispersion model AERMOD; and products that contributed to the development of EPA's Toxicity Forecaster (ToxCast), a
research project to identify and prioritize potentially toxic chemicals using rapid, automated tests called in vitro assays.
• There has been a downward trend in the number of products being evaluated from FY 2018 through FY 2021. This trend is due to several factors including the refinement of
eligibility criteria for ORD products being evaluated, specific drivers within the current ORD Strategic Research Action Plan (StRAP), and the impacts that COVID-19 has
had on product research and development.
Metric Details: Partner satisfaction is evaluated through a robust survey process. The annual survey engages key users of ORD products. Survey respondents evaluate the
scientific rigor of research products (quality), product relevance (usability), and timeliness of product delivery. Each year, 50 products are randomly selected from the universe of
products identified as delivered during the previous fiscal year in the Research Approval Planning Implementation Dashboard RAPID to be the focus of the survey. Respondent
assessments of the 50 products are extrapolated to the total universe of products to determine the numerator. The denominator is the universe of products (64 in FY 2021). The FY
2021 survey was provided to 250 federal and 64 non-federal respondents and had a 66% response rate. The survey results are estimated at a 90% confidence interval of ±10
products.
755 Measure text updated from "By September 30, 2022, increase the number of research products meeting customer needs." (Footnote updated fromFJ 2018-2022 EPA Strategic Plan published
February 12, 2018.)
1018
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Objective 3.4 - Streamline and Modernize: Issue permits more quickly and modernize our permitting and reporting systems.
Performance toward target over time
Number of measures by percent of target achieved
~ 75-99% of target met (Y)
~ <75% of target met (R)
~ No target (NT)
1 (NT)
1 (Y)
1 (Y)
FY 2016
FY 2017
FY 2018 FY 2019 FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include
measures that previously existed but were eliminated prior to FY 2021.
Number of New Permit Applications in Backlog
Jun 2018 - Sep 2021
150
125
100
75
50
25
li;;nmii
J ^ J? <0 J J cf' ^
¦ NPDES ¦ UIC ¦ PCBs RCRA ¦Title V I NSR
(Title V and NSR not included in FY 2018 results)
Summary of progress toward strategic objective:
• Missed FY 2021 targets but sustained progress from previous years. New permit backlog
is down 65% since June 2018, and existing permit backlog is down 34% since May 2019.
• Launched agency wide community of practice for enviromnental justice and civil rights in
permit decisions, to promote more equitable outcomes in overburdened communities.
• Issued complex Clean Water Act National Pollutant Discharge Elimination System
(NPDES) permits by resolving issues related to per- and polyfluoroalkyl substances
(PFAS) (nine permits); Endangered Species Act approvals (six permits); Total Maximum
Daily Loads (nine permits); and state consultation on federal dam projects (four permits).
EPA Region 1 issued general permits for small wastewater treatment plants and
aquaculture facilities, which will cover 40 and 11 backlogged permits, respectively. These
efforts will also help prevent future permits from becoming backlogged.
• Provided training and technical assistance for NPDES permit writers on whole effluent
toxicity, stonnwater, combined sewer overflows (CSOs), and nutrients.
• The Underground Injection Control (UIC) Program continued its efforts to streamline the
permit process and made sustained success in Class III (injection wells). The Program
created checklists to encourage complete applications and expedite EPA review, and a
comment response library for collaboration among EPA Regions. The Program also
provided support to EPA Regions 3 and 9 for processing large numbers of comments
received on draft permits. This support has greatly expedited comment response.
• Improved the Exchange Network Grants process by making significant changes to the FY
2021 Solicitation Notice: removed confusing and redundant language; focused
opportunities into three areas; and updated the evaluation criteria to align to the Agency's
Digital Strategy. Also streamlined application processing and award timeframes by 40%.
Challenges:
• Some NPDES permits are delayed due to missing information from permittees, extended
public notice, and highly complex permitting issues.
• Some UIC permits are delayed due to the tribal consultation process, large volume of
public comments, complicated sites, loss of experienced personnel, and delayed responses
from permittees. In addition, the six-month timeframe is challenging for UIC Class I, III,
V, and VI permits, which are complex due to different levels of engineering, subsurface
geologic complexity, and detail in the information needed to make permitting decisions.
• All remaining backlogged Clean Air Act (CAA) New Source Review (NSR) permits are
delayed due to enviromnental reviews from other federal agencies.
• Several CAA Title V operating permits are backlogged due to facilities either not
withdrawing applications as expected, or altering their applications (ultimately changing
the processing timeline).
1019
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Long-Term Performance Goal - By September 30, 2022, reach all permitting-related decisions within six months756.
Annual performance goals that support this long-term performance goal:
(PM PE2) Number of new permit applications in backlog.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
llH
Target
No Target
Established
33
24
Permits
Below Target
Actual
111
65
65
67
Key Takeaways:
• Missed target due to a range of factors, including delayed information from permittees, complicated sites, emerging contaminants, large volume of public comments, loss of
experienced personnel, and enviromnental reviews from other federal agencies. In addition, the six-month timeframe is challenging for certain types of complex permits.
• EPA's headquarters and regional offices worked closely to resolve policy issues affecting permit issuance and train permitting staff.
• Eliminated the backlog of new Poly chlorinated Biphenyls (PCB) permit applications by issuing a permit to a facility that had been operating under interim status for more than
30 years.
Metric Details: This measure tracks the sum of new permit applications that are over six months old (for NPDES, UIC, Resource Conservation and Recovery Act [RCRA] and
Polychlorinated Biphenyls [PCBs]) and complete NSR and new Title V permit applications that have been pending for longer than the statutory timeframes (12 and 18 months,
respectively). The time for a permitting-related decision is calculated from the date of receipt of a permit application (or the receipt of a complete application for NSR and Title V)
to the date of a permit decision. The baseline for this measure is 149 new permit applications in backlog as of June 30, 2018. The baseline and FY 2018 actual do not include NSR
or Title V permits. This measure tracks progress toward a FY 2020-2021 Agency Priority Goal (APG).
(PM PE3) Number of existing permit applications in backlog.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
h
Target
313
256
Permits
Below Target
Actual
417
384
318
1 1
Key Takeaways:
• Missed target due to the NPDES workload in EPA Region 1, which has 60% of the agencywide backlog of existing permit applications due to two states without delegated
programs for NPDES permits. Region 1 met its internal target to make 36 permit decisions and issued a general permit for small wastewater treatment plants under which 40
of the current backlogged facilities are eligible for coverage.
Metric Details: This measure tracks the sum of: (1) existing NPDES, RCRA and PCBs permits that have passed their expiration date and are awaiting reissuance; (2) existing UIC
permits that have passed their expiration date and have an application that is over six months old; and (3) existing Title V permits that have passed their expiration date and have a
complete application that has been pending for longer than the statutory timeframe (18 months). The baseline for this measure is 479 existing permits in backlog as of May 31,
2019. This measure tracks progress toward a FY 2020-2021 APG.
750 Baseline is 149 new permit applications in backlog as of .Time 30,2018, and 479 existing permits in backlog as of May 31,2019. (No footnote mFY 2018-2022 EPA Strategic Plan.)
1020
-------
GOAL 3: Greater Certainty, Compliance, and Effectiveness
Objective 3.5 - Improve Efficiency and Effectiveness: Provide proper leadership and internal operations management to ensure that the
Agency is fulfilling its mission.
Performance toward target over time
Number of measures by percent of target achieved
~ 100% of target met (G)
~ 75-99% of target met (Y)
~ <75% of target met (R)
~ No data (ND)
1 (Y)
4(G)
3(Y)
2(G)
FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021
Counts are of measures that exist in FY 2021. Chart does not include
measures that previously existed but were eliminated prior to FY 2021.
Cumulative Number of Operational Processes
Improved,
Mar 2019 - Sep 2021
lA riO ftO qO rA ftN ftV
Summary of progress toward strategic objective:
• Developed agency wide COVID-19 guidance, workforce safety plan, FAQs, and a
mechanism to collect employee vaccination attestation.
• Finalized the 2021-2025 Grants Management Plan and incorporated equity and
enviromnental justice considerations into the grants process. Deployed Next Generation
Grants System.
• Identified and assessed cybersecurity tools, gaps, and redundancies to enable
improvements to enterprise security enviromnent.
• Deployed the user friendly, automated employee performance management system USA
Performance and implemented robust training for all employees.
• Updated certificates on 13,000+ US Access Homeland Security Presidential Directive
(HSPD)-12 compliant Personal Identify Verification (PIV) cards, maintaining secured and
assured logical access to Agency systems and physical access to EPA facilities.
• Developed EPA's first set of Evidence Act deliverables, including Full Draft of the
Learning Agenda, Capacity Assessment, FY 2023 Annual Evaluation Plan, and a Policy
for Evaluations and Other Evidence-Building Activities incorporating scientific integrity
principles.
• Leveraged continuous improvement efforts which resulted in improving 507 Agency
processes and implementing 4,172 employee ideas.
• Received a clean opinion on EPA's Consolidated Financial Statements for the 22nd
consecutive year.
• Continued modernizing Agency financial management systems and tools which resulted
in the increased use of the Invoice Processing Platform to process 91% of contract
invoices and enabling the Agency to project payroll within 1% of FY 2021 need.
Challenges:
• Faced challenges in space release projects as a result of the ongoing COVID-19 pandemic,
which resulted in delays of several major planned space releases and prevented EPA from
meeting its annual performance target.
• Despite missing the FY 2021 performance target, EPA continued to show progress in
contract actions awarded within Procurement Action Lead Time (PALT) standards.
However, a number of complex contract actions that carry longer PALT timeframes
remain.
• Maintaining legacy financial data in perpetuity adds cost and complexity to system and
reporting modernization and upgrade projects, and sometimes requires specialized staff
training.
1021
-------
Long-Term Performance Goal - By September 30, 2022, reduce unused office and warehouse space by 850,641 square feet757.
Annual performance goal that supports this long-term performance goal:
(PM FA1) Reduction in EPA Space (sq. ft. owned and leased).
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
Target
241,000
163,626
100,821
26,017
Square Feet
Above Target
\
Actual
149,278
128,150
116,425
22,455
¦ I I«
Key Takeaways:
• Faced challenges in this area as a result of the ongoing COVID-19 pandemic, primarily construction delays, which delayed several major planned space releases. Additionally,
EPA faced a steep learning curve in disposing of EPA properties with residual contaminants, which resulted in delays. However, EPA's learning in this area will support
future space release efforts.
• Despite these challenges, EPA continues to make progress in this area and will release the Potomac Yards Facility in Virginia in Spring 2023, which will enable EPA to meet
the long-term performance goal to release 850,641 square feet.
Metric Details: This measure tracks square feet of office and warehouse space released with data collected from EPA facility manager notifications, and reports generated when
there is a modification to an Occupancy Agreement. Space consolidation efforts will result in EPA becoming a more efficient and effective Agency by reducing lease, utility,
security and other facility management costs, which will enable the Agency to direct resources to core enviromnental work.
757 Baseline is 5,264,846 square feet as of FY 2017.
1022
-------
Long-Term Performance Goal - By September 30, 2022, reduce procurement processing times by achieving 100% of procurement action
lead times (PALT)758.
Annual performance goal that supports this long-term performance goal:
(PM PR1) Percentage of contract actions processed within the Procurement Action Lead Time (PALT) Standards.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
SA: 75
Target
CP: 65
85
90
95
FAA: 80
Percent
SA: 70
Actual
CP: 88
85
90
91
m
FAA: 76
Above Target
SA:704
iii
Numerator
CP: 21
9,269
10,575
11,230
FAA: 3,038
Actions
SA: 1,007
Denominator
CP: 24
FAA: 4,002
10,906
11,719
12,291
Key Takeaways:
• EPA has made significant progress in reducing the number of contract actions that exceed PALT, primarily through the implementation of internal controls to screen contract
actions for completeness prior to acceptance, putting in place a process to monitor pending actions, and additional training for the acquisition community across EPA.
• In the three years that EPA has been tracking this measure, the annual number of contract actions processed within PALT has increased by over 20% while the annual overall
number of contract actions only increased by 13% due to the implementation of more efficient procurement request (PR) management strategies; EPA processed nearly 2,000
more actions within PALT in FY 2021 than in FY 2019.
• EPA is approaching a steady state after significantly reducing the PALT backlog where there are now diminishing returns; this recognizes that certain complex contract actions
may require more review and processing time than the majority of actions.
Metric Details: This measure tracks the timeliness of the Agency's processing of contract actions with data collected from EPA's Acquisition System (EAS). Timeliness is
measured in processing days from the date the PR is released in EAS to the date the contract is awarded. PALT Standards are outlined in Section 7.1.1 of the EPA Acquisition
Guide. The purpose of these efforts is to make EPA a more efficient and effective Agency by reducing processing time and costs. Beginning in FY 2019, EPA has reported results
for all acquisition categories against the September 30, 2018 baseline of 77% for all contract actions awarded within PALT. FY 2018 actuals were reported against a January 1,
2018 baseline of: 47% for Simplified Acquisitions (SA); 65% for Competitive Proposals (CP); and 67% for Funding and Administrative Actions (FAA).
758 Baseline, as of September 30, 2018 is 77% for all contract actions awarded within PALT. (Footnote updated from FY 2018-2022 EPA Strategic Plan published February 12, 2018.)
1023
-------
Long-Term Performance Goal - By September 30, 2022, improve 250 operational processes.
Annual performance goal that supports this long-term performance goal:
(PM OP1) Number of operational processes improved.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
|A
Target
25
50
72
500
Operational
Above Target
/I
Actual
N/A
66
502
507
Processes
1
Key Takeaways:
• The Agency established a new best by improving 507 processes in FY 2021 across its regions and programs.
• Improvements were made through various continuous improvement activities and problem-solving tools regularly used by front line staff and management.
• The process improvements helped drive innovation, improve operations, create a better customer experience, empower frontline staff and leverage leadership support.
• Staff and managers shared many improvements throughout the Agency, which helped teams in different offices increase their knowledge and benchmark and streamline their
own processes.
Metric Details: EPA is applying Lean principles to improve the efficiency and cost effectiveness of its operations. An operational process is a sequence of activities that results in
the delivery of a service. A process improvement is counted if it is at least a 25% improvement over the baseline. Process improvements result from a variety of tools (e.g., visual
management, A3s, kaizen events, other problem-solving activities) and include standard work (e.g., standard operating procedures) and use of visual management (visible
placement of information and indicators that quickly convey/signal if a process is under control or abnormal, e.g., flow boards, performance boards, bowling charts) to assure
sustaimnent of the improvement.
Long-Term Performance Goal - By September 30, 2022, increase enterprise adoption of shared services by four759.
Annual performance goals that support this long-tenn performance goal:
(PM CF1) Number of administrative shared services.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
ffl
Target
6
7
8
9
Shared
Above Target
iiiTII
Actual
4
4
4
7
8
9
Services
Key Takeaways:
• EPA fully implemented USA Performance, the U.S. Office of Personnel Management's Employee Performance Management Shared Service in October 2020.
• USA Performance annually maintains over 14,000 performance plans electronically for EPA employees with increased automation, transparency, accountability, and
availability over the previous paper form processes. Further, USA Performance utilizes secure, authenticated digital signatures, has built-in reporting features, and ensures
compliance with Office of Personnel Management (OPM)-recommended and required Federal regulations.
759 Baseline is four administrative systems/operations shared services in FY 2017. (Footnote updated from FY 2018-2022 EPA Strategic Plan published February 12, 2018.)
1024
-------
Metric Details: EPA will adopt federal shared services when supported by business case analyses. Federal shared services are shared across multiple federal agencies. Enterprise
adoption of shared services ensures consistency and scalability in tools and services, enabling the Agency to standardize internal operational processes, control costs, and improve
data quality. In FY 2019, EPA refined the scope of this measure to include only systems or services where federal shared service providers (FSSPs) were adopted, and to no longer
include internal agencywide shared services. This revision resulted in a change to the baseline of existing shared services from five to four. The four administrative shared services
in place as of the end of FY 2017 were: Human Resources Line of Business (Interior Business Center [IBC]/Federal Personnel and Payroll System [FPPS]), Payroll
(IBC/PeoplePlus), Travel (Concur), and Financial Management (CGI Federal Inc./Compass Financials).
(PM CF2) Number of Agency administrative systems and system interfaces.
FY 2016
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
Units
Preferred
Direction
Ittn
Target
24
22
22
19
Systems and
Below Target
Actual
30
30
30
24
21
Interfaces
¦ ¦ ¦ ¦ ¦
Key Takeaways:
• EPA eliminated three administrative systems in FY 2021: two LotusNotes databases for Unliquidated Obligations (ULOs) and for Open Commitments and Recertification,
and the Federal Managers Financial Integrity Act (FMFIA) tracking system. The systems moved to more cost-efficient oversight software, providing additional capability at
no additional cost.
• EPA is on track to meet its overall target to eliminate 13 administrative systems by FY 2022.
Metric Details: This measure tracks the number of administrative systems or system interfaces EPA actively operates. Administrative systems support the execution of the
Agency's administrative functions such as accounting, grants management, and contracts management. System interfaces are connections among administrative systems where
data are shared. Reducing the number of administrative systems or system interfaces has a positive impact on streamlining operational processes and drives the integration of
financial transactions across multiple administrative systems, reducing manual entry, and improving data quality. EPA is working to reduce the number of administrative systems
and system interfaces to more easily input and access data and standardize reporting as payment processing is moved to a federal shared service provider. In FY 2021, EPA
retroactively added an administrative system that was not included in the original universe. FY 2017-2020 actuals have been adjusted to include the additional system.
1025
-------
1026
-------
Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Table of Contents - Appendix
Coordination with Other Federal Agencies 1029
Acronyms for Statutory Authority 1064
Making Litigation Costs Transparent- Equal Access for Justice Act (EAJA) 1069
FY 2023 Congressional Justification Estimated Resources and FTE for Environmental
Justice Program1 1073
EPA Budget by National Program Manager and Major Office 1074
EPA User Fee Programs 1077
Expected Benefits of E-Government Initiatives 1081
FY 2023 Administrator's Priorities 1086
FY 2023: Consolidations, Realignments, or Other Transfer of Resources 1087
FY 2023 STAG Categorical Program Grants 1088
Agency Response To Office Of Inspector General FY 2022 Key Management Challenges
Report, Issued November 12, 2021 1097
Office of Enforcement Compliance Assurance (OECA) Travel by Program Project FY
2017-FY 2023 1105
On-Site Inspections and Off-Site Compliance Monitoring Compliance Activities From
EPA's Integrated Compliance Information System 1106
Physicians' Comparability Allowance (PCA) Plan 1108
Program Projects by Program Area 1112
Eliminated Programs 1123
Proposed FY 2023 Administrative Provisions 1124
Plan for Implementing the Policies and Directives of Executive Order 13175: Consultation
and Coordination with Indian Tribal Governments 1129
062S. 2276 - Good Accounting Obligation in Government Act 1136
EPA OIG Open Recommendations and Corrective Actions 1137
Working Capital Fund 1180
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Coordination with Other Federal Agencies
Air and Radiation Programs
National Ambient Air Quality Standards (NAAQS) Implementation
EPA cooperates with other agencies to achieve goals related to ground level ozone and particulate
matter (PM), and to ensure the actions of other agencies are compatible with state plans for
attaining and maintaining the National Ambient Air Quality Standards (NAAQS). The Agency
works closely with the U.S. Department of Agriculture (USD A), Department of the Interior (DOI),
and Department of Defense (DOD) on issues such as prescribed burning at silviculture and
agricultural operations. EPA, the U.S. Department of Transportation (DOT), and the U.S. Army
Corps of Engineers (USACE) also work with state and local agencies to integrate transportation
and air quality plans, reduce traffic congestion, and promote livable communities.
Air Quality in the Agricultural Sector
To improve EPA's understanding of environmental issues in the agricultural sector, the Agency
works with USD A and others to improve air quality while supporting sustainable agriculture. The
collaborative approach to the agriculture sector includes scientific assessment, outreach and
education, and implementation/compliance.
Regional Haze
EPA works with the National Park Service (NPS), and U.S. Forest Service (USFS) and DOI in
implementing its regional haze program and operating the Interagency Monitoring of Protected
Visual Environments (IMPROVE) visibility monitoring network. The operation and analysis of
data produced by this air monitoring system is an example of the close coordination of efforts
between EPA and state and tribal governments.
Air Quality Assessment, Modeling, and Forecasting
For pollution assessments and transport, EPA works with the National Aeronautics and Space
Administration (NASA) on technology transfer using satellite imagery. EPA further distributes
NASA satellite products and National Oceanographic and Atmospheric Administration (NOAA)
air quality forecast products to states, local agencies, and tribes to provide a better understanding
of daily air quality and to assist with air quality forecasting. EPA works with NASA to develop a
better understanding of PM formation using satellite data. EPA also works with the Department of
the Army on advancing emission measurement technology and with NOAA for meteorological
support for our modeling and monitoring efforts. EPA collects real-time ozone and PM
measurements from state and local agencies, which are used by both NOAA and EPA to improve
and verify Air Quality Forecast models.
EPA's AirNow Program (the national real-time Air Quality Index reporting and forecasting
system) works with the National Weather Service (NWS) to coordinate NOAA air quality forecast
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guidance with state and local agencies for air quality forecasting efforts and to render the NOAA
model output in EPA's Air Quality Index (AQI), which helps people determine appropriate air
quality protective behaviors. In wildfire situations, EPA and USFS work closely with states to
deploy monitors and report monitoring information and other conditions on AirNow. The AirNow
Program also collaborates with NPS and USFS in collecting air quality monitoring observations,
in addition to over 130 state, local, and tribal air agency observations, and with NASA in a project
to incorporate satellite data with air quality observations.
EPA, USDA, and DOI established a collaborative framework to address issues pertaining to
wildland fire and air quality. The agreement recognizes the key roles of each agency, as well as
opportunities for collaboration. For example, the partnership explains that the agencies seek to
reduce the impact of emissions from wildfires, especially catastrophic wildfires, and the impact of
those emissions on air quality. In addition, the partnership highlights opportunities for enhancing
coordination among the agencies through information sharing and consultation, collaboration on
tools and information resources, and working together to collaborate with state and other partners,
among others on strategic goals.
Mobile Sources
EPA works with DOT's National Highway Traffic Safety Administration (NHTSA) on the
coordinated national program establishing standards to improve fuel efficiency for light-duty
vehicles. Specifically, EPA, in coordination with DOT's fuel economy and fuel consumption
standards programs, implements vehicle and commercial truck greenhouse gas standards.
To address criteria pollutant emissions from marine and aircraft sources, EPA works
collaboratively with the International Maritime Organization (IMO) and International Civil
Aviation Organization (ICAO), as well as with other federal agencies, such as the U.S. Coast
Guard (USCG) and the Federal Aviation Administration (FAA). EPA also collaborates with the
USCG in the implementation of Emission Control Area (ECA) around the U.S., and with Mexico
and Canada in the North American Commission for Environmental Cooperation (CEC) to evaluate
the benefits of establishing a Mexican ECA.
To better understand the sources and causes of mobile source pollution, EPA works with the
Department of Energy (DOE) and DOT to fund applied research projects including transportation
modeling projects. EPA also works closely with DOE on refinery cost modeling analyses to
support clean fuel programs, and coordinates with DOE regarding fuel supply during emergency
situations.
For mobile sources program outreach, the Agency participates in a collaborative effort with DOT's
Federal Highway Administration (FHWA) and Federal Transit Administration (FTA), and the
Centers for Disease Control and Prevention (CDC) to educate the public and communities about
the impacts of transportation choices on traffic congestion, air quality, climate change, and human
health. These partnerships can involve policy assessments and toxic emission reduction strategies
in different regions of the country. EPA works with DOE, DOT, and other agencies, as needed, on
the requirements of the Energy Policy Act of 2005 and the Energy Independence and Security Act
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of2007, such as the Renewable Fuel Standard. EPA also has worked with other agencies on biofuel
topics through the Biomass Research and Development Institute.
To develop air pollutant emission factors and emission estimation algorithms for military aircraft,
ground equipment, and vehicles, EPA partners with the DOD. This partnership provides for the
joint undertaking of air-monitoring/emission factor research and regulatory implementation.
Air Toxics
EPA works closely with other health agencies such as the CDC, National Institute of
Environmental Health Sciences (NIEHS), and National Institute for Occupational Safety and
Health (NIOSH) on health risk characterization for both toxic and criteria air pollutants. The
Agency also contributes air quality data to CDC's Environmental Public Health Tracking Program,
which is made publicly available and used by various public health agencies.
Addressing Transboundary Air Pollution
In developing regional and international air quality projects, and in working on regional
agreements, EPA works with the Department of State (DOS), NOAA, NASA, DOE, USD A, U.S.
Agency for International Development (USAID), and the Office of Management and Budget
(OMB), and with regional organizations. In addition, EPA has partnered with other organizations
and countries worldwide, including the United Nations Environment Programme (UNEP), the
European Union (EU), the Organization for Economic Cooperation and Development (OECD),
the United Nations Economic Commission for Europe (UNECE), CEC, Canada, Mexico, China,
and Japan. EPA also partners with environment and public health officials and provides technical
assistance through UNEP to facilitate the development of air quality management strategies to
other major emitters and/or to key regional or sub-regional groupings of countries.
Stratospheric Ozone
EPA works closely with DOS and other federal agencies in international negotiations among
Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, with the goal of
protecting the ozone layer and through managing ozone depleting substances (ODS) it controls.
EPA also supports several multilateral environmental agreements to simultaneously protect the
ozone layer and climate system working closely with the DOS and other federal agencies,
including but not limited to the Office of Science Technology and Policy (OSTP), Council on
Environmental Quality (CEQ), Department of Commerce (DOC), OMB, USD A NOAA, and
NASA.
EPA works with other agencies, including the Office of the United States Trade Representative
(USTR) and DOC, to analyze potential trade implications in stratospheric protection regulations
that affect imports and exports. EPA has coordinated efforts with the Department of Justice (DOJ),
Department of Homeland Security (DHS), Department of Treasury (U.S. Treasury), and other
agencies to curb the illegal importation of ODS.
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Radiation and Radiation Preparedness and Response
EPA works primarily with the Nuclear Regulatory Commission (NRC), DOE, and DHS on
multiple radiation-related issues. EPA has ongoing planning and guidance discussions with DHS
on emergency response activities, including exercises responding to nuclear related incidents. As
the regulator of DOE's Waste Isolation Pilot Plant (WIPP), EPA is charged with coordinating with
DOE to ensure the facility is operating in compliance with EPA regulations. EPA is a member of
the Interagency Radiation Source Protection and Security Task Force, established in the Energy
Policy Act, to improve the security of domestic radioactive sources. EPA also is a working member
of the interagency Nuclear Government Coordinating Council (NGCC), which coordinates across
government and the private sector on issues related to security, communications and emergency
management within the nuclear sector.
For emergency preparedness, EPA coordinates with other federal agencies through the Federal
Radiological Preparedness Coordinating Committee and the Advisory Team for Environment,
Food and Health which provides federal scientific advice and recommendations to state and local
decision makers, such as governors and mayors, during a radiological emergency. EPA participates
in planning and implementing exercises including radiological anti-terrorism activities with the
Department of Health and Human Services (DHHS), NRC, DOE, DOD, and DHS.
EPA is a charter member and co-chairs the Interagency Steering Committee on Radiation
Standards (ISCORS), which was created at the direction of Congress. Through its activities,
member agencies are kept informed of cross-cutting issues related to radiation protection,
radioactive waste management, and emergency preparedness and response. ISCORS also helps
coordinate U.S. responses to radiation-related issues internationally.
During radiological emergencies, EPA works with expert members of the International Atomic
Energy Agency (IAEA). EPA also works with OECD's Nuclear Energy Agency (NEA) on two
committees: the Radioactive Waste Management Committee (RWMC) and the Committee on
Radiation Protection and Public Health (CRPPH). Through participation on the CRPPH, EPA is
successful in bringing U.S. perspectives to international radiation protection policy.
Climate Change
To carry out a diverse range of regulatory and partnership programs to help tackle the climate
crisis, EPA works with a number of other federal agencies, including the Department of Housing
and Urban Development (HUD), Federal Energy Regulatory Commission (FERC), DOE, USD A,
DOS, US AID, DOI, and DOT.
Climate protection partnership programs, government-wide, stimulate the development and use of
renewable energy technologies, energy efficient products, and other strategies that will help reduce
greenhouse gas (GHG) emissions. The effort is led by EPA and DOE with significant involvement
from the USD A, HUD, and the National Institute of Standards and Technology (NIST).
The Global Methane Initiative (GMI) is a U.S.-led, international public-private partnership that
brings together over 40 partner governments and over 1,000 public and private sector organizations
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to advance methane recovery and use methane as a clean energy source. EPA works with DOS on
the GMI, building on the success of EPA's domestic methane programs and focusing on advancing
methane reductions from agriculture, coal mines, landfills, oil and gas systems, and municipal
wastewater.
EPA also will support DOS as the technical lead in developing projections and compiling
information on GHG mitigation policies and measures as part of the upcoming U.S. Biennial
Report and National Communication as required by the U.N. Framework Convention on Climate
Change. EPA will support the State Department and National Science Foundation with applying
applicable goals and GHG mitigation policies in the review of environmental evaluations for non-
Governmental activities in Antarctica consistent with Antarctica Treaty Commission
commitments.
Research Supporting the Air and Radiation Program
EPA continues to coordinate with other agencies, such as the National Institutes of Health (NIH),
NOAA, DOE, USD A, and FHWA to develop sustainable approaches to manage air pollution risks.
Water Programs
Collaboration with Public and Private Partners on Water Infrastructure Preparedness, Response
and Recovery
EPA coordinates with other federal agencies, primarily DHS, CDC, FDA, and DOD, on biological,
chemical, and radiological contaminants of high concern, and how to detect and respond to their
presence in drinking water and wastewater systems. EPA maintains a close linkage with the
Federal Bureau of Investigation (FBI) and DHS, particularly with respect to ensuring the timely
dissemination of threat information through existing communication networks. Additionally,
throughout the pandemic, EPA worked with DHS and other federal agencies to coordinate aspects
of information sharing, disseminate personal protective equipment, address shortages of treatment
chemicals, provide for equipment and qualified water system operators, and recognize water
system operators and associated contract personnel as critical workers.
EPA works with US ACE and the Federal Emergency Management Agency (FEMA) to refine
coordination processes among federal partners engaged in providing emergency response support
to the water sector, including maintaining clear roles and responsibilities under the National
Disaster Recovery Framework. In addition, EPA continues to work with FEMA, USACE, and
other agencies, on the Federal Interagency Floodplain Management Task Force regarding water
resources and floodplain management.
As the agency in charge of water sector security, EPA works with DHS Cyber and Infrastructure
Security Agency (CISA) and other government agencies on the Industrial Control System (ICS)
working group to develop an ICS interagency Strategy and Implementation Plan. EPA also
collaborates with CISA on various working groups and cybersecurity issues such as roles and
responsibilities, ICS supply chain, cyber workforce, cybersecurity standards, and cyber response.
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Drinking Water Programs
EPA and the U.S. Geological Survey (USGS) established an Interagency Agreement to coordinate
activities and information exchange in the areas of unregulated contaminants occurrence, the
environmental relationships affecting contaminant occurrence, protection area delineation
methodology, and analytical methods. This effort improves the quality of information to support
risk management decision-making at all levels of government, generates valuable new data, and
eliminates potential redundancies. EPA also collaborates with HUD to develop strategies to
decrease drinking water lead exposure in homes. The partnership promotes the exchange of
information, leverages funding, and reviews processes to facilitate better-informed and
coordinated decisions and investments.
In addition, EPA collaborates with DHHS to better understand, characterize, and manage public
health risks from Contaminants of Emerging Concern (CECs), with activities spanning from
assessing CDC's waterborne disease surveillance data related to legionella and other biofilm-
related pathogens to partnering with FDA on antibiotic resistance-related issues. EPA collaborates
with multiple federal agencies to address Per- and Polyfluoroalkyl Substances (PFAS) issues
including DOD, DOE, USD A, FDA, DHHS, the NIH, the Consumer Product Safety Commission,
the Small Business Administration (SBA), NASA, FAA, and OMB.
Infrastructure Support for Tribal Water Systems
EPA coordinates the multi-agency tribal Infrastructure Task Force (ITF), created to develop and
coordinate federal activities in delivering water infrastructure, wastewater infrastructure and solid
waste management services to tribal communities. The ITF is the formal mechanism for
interagency coordination among EPA, DHHS's Indian Health Service (IHS), HUD, USD A, and
the Bureau of Indian Affairs (BIA).
Bipartisan Infrastructure Law (BIL) / Infrastructure Investment and Jobs Act (IIJ A)
Coordination work with other federal agencies also will support EPA's BIL/IIJA implementation
priorities.
Sustainable Rural Drinking and Wastewater Systems
EPA and USD A work together to increase the sustainability of rural drinking water and wastewater
systems to ensure the protection of public health, water quality, and sustainable communities. The
two agencies facilitate coordinated funding for infrastructure projects that aid in the compliance
of national drinking water and clean water regulations.
National Water Sector Workforce Development: Department of Veterans Affairs
EPA and the Departments of Education, Interior, Agriculture, and Veterans Affairs (VA) are
building on existing collaborations, exploring new opportunities and actions, and identifying
potential additional federal programs and partners to support the Nation's water sector
professionals.
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Coordination with Department of Defense on Analytical Methods for Detecting PFAS
EPA's Clean Water Act (CWA) analytical methods program is collaborating with DOD on their
efforts to develop an analytical method for detecting certain PFAS compounds in wastewater.
Source Water Protection and Harmful Algal Blooms (HABs)
To combat HABs and hypoxia, the Harmful Algal Bloom and Hypoxia Research and Control
Amendments Act of 2014 (HABHRCA 2014, P.L. 113-124, reauthorized through the National
Integrated Drought Information System [HABHRCA 2017, Public Law 115-423]) emphasizes the
mandate to advance the scientific understanding and ability to detect, predict, control, mitigate,
and respond to HABs and hypoxia. This legislation established the Interagency Working Group
on HABHRCA (IWG-HABHRCA). It tasked the group with coordinating and convening federal
agencies to discuss HAB and hypoxia events in the U.S., and to develop action plans, reports, and
assessments of these situations. The IWG-HABHRCA is co-chaired by representatives from EPA,
NOAA, and the OSTP, and it is composed of the following member agencies and departments:
CDC, FDA, NIEHS, USACE, USGS, BOEM, NPS, FWS, NASA, USD A, DOS, and the National
Science Foundation (NSF).
2018 Farm Bill Source Water Protection Provisions
EPA collaborates with the USDA Natural Resources Conservation Service (NRCS), state and
utility partners to develop implementation strategies and guidance to comply with the 2018 Farm
Bill provisions. These provisions dedicate at least 10 percent of total funds available for
conservation programs (with the exception of the Conservation Reserve Program) to be used for
source water protection. In addition, the Agency partners with NRCS to foster collaboration at the
state and local levels to identify priority source water protection areas in each state to address
agriculture-related impacts to drinking water sources. EPA also is collaborating with USFS in
developing strategies to implement the 2018 Farm Bill (Title VIII, Subtitle D, Section 8404)
Source Water Protection provisions requiring a "Water Source Protection Program" on National
Forest Service (NFS) lands. EPA is supporting USFS by fostering partnerships with state, utilities,
and other water stakeholders.
Source Water Collaborative
EPA participates in the Source Water Collaborative along with USDA (NRCS, Farm Service
Agency (FSA), USFS), USGS, and 25 other national organizations. The goal of the collaborative
is to protect sources of drinking water by combining the strengths and tools of its member
organizations. EPA provides funding to support these efforts.
Carbon Capture, Utilization, and Storage (CCUS)
EPA participates in quarterly and ad hoc meetings with the Internal Revenue Service (IRS), DOE,
DOI, DOT, and DOJ to share information on carbon capture and storage developments. In
addition, EPA serves as a liaison to DOE's National Risk Assessment Partnership to advance its
work in developing tools to improve collective understanding of risk at CO2 storage projects and
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inform science and risk-based decision-making at geologic sequestration projects; and to explore
opportunities to integrate the partnership work into EPA's Class VI permitting process. EPA also
will collaborate with DOE and CEQ on several reports and other initiatives related to carbon
sequestration requested by Congress, including developing a report on UIC Class VI permitting.
Through the CAA §309 review program, EPA is collaborating with DOE and other agencies as
needed to assist with identifying potential impacts and ways to avoid and minimize those impacts
from CO2 storage projects.
Drinking Water and Wastewater Work in Indian Country
EPA works under a five-federal agency MOU to better coordinate the federal government's efforts
in providing access to safe drinking water and basic wastewater facilities for tribal communities.
EPA, DOI, DHHS, USD A, and HUD work as the Federal Tribal Infrastructure Task Force (TITF)
to use their combined authorities to maintain a framework to enhance interagency efficiency and
coordination, and to cultivate greater cooperation in carrying out their tribal infrastructure
responsibilities. Since 2007, the TITF has: maintained procedures necessary for a common
understanding of the programs pertaining to funding infrastructure construction, solid waste
management efforts, and technical assistance to tribes; worked together to improve the capacity of
tribal communities to operate and maintain sustainable infrastructure; enhanced the efficient
leveraging of funds; worked directly with tribes to promote an understanding of federal programs;
identified ways to improve construction, operation, and maintenance of sustainable infrastructure;
and worked to allow and facilitate the exchange of data and information amongst partners.1
Research to Support Water Programs
While EPA is the federal agency mandated to ensure safe drinking water, other federal and non-
federal entities conduct research that complements EPA's research on priority contaminants in
drinking water. Cooperative research efforts have been ongoing with the American Water Works
Association, Water Research Foundation, and other stakeholders to coordinate drinking water
research where the private sector is conducting research in areas such as analytical methods,
treatment technologies, and the development and maintenance of water resources. EPA also has
worked with the USGS to evaluate performance of newly developed methods for measuring
microbes in potential drinking water sources.
Interagency coordination in research also is occurring in developing sediment criteria. Here, EPA
has joint research initiatives with NOAA and USGS for linking monitoring data and field study
information with available toxicity data and assessment models for developing sediment criteria.
EPA also conducts studies with the USGS to monitor the occurrence of CECs. Research efforts to
monitor the effects of chemical mixtures continue, increasing our understanding of wastewater
effluent impacts to human and aquatic health and prioritizing future research on developing
solutions for the removal of CECs in wastewater treatment operations.
1 For additional information, please visit: https://www.epa.gov/tribal/federal-infrastructure-task-force-improve-access-safe-
drinking-water-and-ba sic-sanitation.
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Land and Emergency Management Programs
Brownfields
EPA's Brownfields and Land Revitalization Programs partner with the NPS's River, Trails and
Conservation Assistance Program to support Groundwork USA and individual Groundwork Trust
organizations in their efforts to engage youth in brownfields redevelopment and community
revitalization.
Superfund Remedial Program
The Superfund Remedial Program maintains ongoing coordination and collaboration with
ATSDR, NIEHS, HUD, and USACE as well as with the Federal Mining Dialogue and the Federal
Remediation Technologies Roundtable, two multi-agency consortia. Interaction with these entities
enhances program implementation through activities that are mutually beneficial, such as
information sharing and resource leveraging. For example, ATSDR has a statutory mandate to
complete health assessments on sites listed on EPA's National Priorities List while EPA conducts
site characterization and remediation. Moreover, EPA site managers work with their ATSDR
counterparts to coordinate public human health messaging. For NIEHS, EPA collaborates and
coordinates academic research related to contaminant toxicities, site characterization and
remediation and risk communication. EPA collaborates with HUD on residential risk evaluation
and mitigation, while the Agency's work with USACE spans a wide range of technical,
management and acquisition support functions to implement or oversee responsible party
Superfund project implementation for the remedial and removal programs. EPA's participation in
the Federal Mining Dialogue has established the Agency's role in a multi-agency (e.g., DOE, DOI,
etc.) partnership to address mining sites on federal and mixed ownership lands. Membership in the
Federal Remediation Technologies Roundtable facilitates EPA's collaboration with multiple
federal entities, such as DOD, NASA, DOT, to advance the use of innovative technologies to clean
up hazardous waste contamination.
Superfund Federal Facilities Restoration and Reuse Program
EPA's Superfund Federal Facilities Restoration and Reuse Program coordinates with other Federal
Agencies (OFAs); state, tribal, and local governments; and communities to implement its statutory
responsibilities to ensure protective and efficient cleanup and reuse of federally contaminated land
on the Federal Agency Hazardous Waste Compliance Docket and the NPL. Successful
coordination requires strong partnerships and enhanced engagement by having regularly scheduled
and ad hoc meetings that target and resolve critical programmatic issues, emphasize selection and
implementation of protective cleanups, and recognize site reuse opportunities and successes. EPA
has committed to early engagement with our partners that focus on issues with a problem-solving
and action-oriented approach.
The Program also coordinates with national organizations that help to improve engagement such
as the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), the
Interstate Technology and Regulatory Council (ITRC), and the Environmental Council of the
States (ECOS). ASTSWMO has a Federal Facilities Research Center Subcommittee that promotes
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and enhances state and territory involvement in the cleanup and reuse of contaminated federal
facilities and fosters information exchange by and between states, territories, and OF As. This
includes identifying and researching emerging issues related to state and federal cleanup programs
at federal facility sites, producing and disseminating resource documents and tools, and working
with EPA and OF As on a variety of federal facility issues and forums. Current topics of interest
include addressing contaminants of emerging concern like PFAS; ensuring Applicable or Relevant
and Appropriate Requirements (ARARs) are identified and implemented; coordination with
civilian federal agencies; Performance-Based Contracting; and participating in the implementation
and oversight of the Munitions Response Program. ITRC is a state-led coalition working to reduce
barriers to the use of innovative air, water, waste, and remediation environmental technologies and
processes. ITRC produces documents and training that broaden and deepen technical knowledge
and expedite quality regulatory decision making while protecting human health and the
environment. EPA, along with OF As and industry representatives, works through ITRC in defining
continuing research needs through its teams including on topics of relevance and benefit to federal
facility sites, like PFAS, chemicals of emerging concern, and performance-based optimization of
pump and treat systems.
Through the establishment of a national cleanup dialogue with the DOE and the states in
coordination with ECOS, EPA supports special emphasis engagement for nuclear weapons sites,
the largest and costliest portfolio of remaining federal facilities cleanup work. The Dialogue
enhances ongoing working relationships in the cleanup of DOE Environmental Management sites
and focuses on topics of mutual relevance and highest priority to ensure timely advancement of
protective cleanups. The Dialogue exemplifies how collaboration can advance DOE sites and
foster an understanding of challenges and successes nationally.
EPA also participates with OF As and states on the Munitions Response Dialogue (MRD), partners
with DOD research and development programs on munitions management and environmental
restoration. Current MRD activities include EPA, DOD, Federal Land Management Agencies, and
states updating and harmonizing previous munitions risk/hazard assessment methodologies. The
MRD's goal is to achieve consensus on an updated munitions risk/hazard assessment
methodology. EPA also co-chairs the Intergovernmental Data Quality Task Force (IDQTF) with
DoD and DOE. The IDQTF works to ensure that environmental data are of known and documented
quality and suitable for the intended use.
EPA actively participates in the Defense Environmental Restoration Program and Formerly Used
Defense Sites (FUDS) forums hosted by the DOD. DOD's gathering of State and Federal
regulators offers a unique opportunity to partner, share information, and facilitate more efficient
and effective management of DoD's cleanup program. Recent forums focused on emerging issues,
best practices, and lessons learned, as well as new policies and technology investments to
maximize efficiencies and minimize the time it takes to complete cleanup at active Base
Realignment and Closure installations and FUDS. Similar forums hosted by DOD service
components provide EPA and states further opportunities for engagement, often focused on topics
tailored to the unique aspects of the response programs of the Army, Navy, or Air Force.
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EPA coordinates with OF As on the Federal Mining Dialogue (FMD). The FMD is a cooperative
initiative among federal environmental and land management agencies that provide a national-
level forum for federal agencies to identify and discuss lessons learned and technical mining
impact issues associated with the cleanup and reuse of abandoned and inactive hard rock mine and
mineral processing sites across the country. EPA also engages with OF As in the complementary
Abandoned Uranium Mine Work Group, which focuses on investigation and cleanup of legacy
uranium ore mining and mill tailing sites in the western U.S. Multiple program and enforcement
offices participate for EPA in both venues to ensure coordinated engagement across the Agency.
RCRA Waste Minimization and Recycling: Supporting Sustainable Materials Management
Natural resource extraction and processing make up approximately 50 percent of total GHG
emissions. Under RCRA, EPA provides data, information, guidelines, tools, and technical
assistance on resource conservation, recycling, and resource recovery. As part of this work, EPA
focuses on increasing the conservation and recovery of municipal solid waste (e.g., plastics,
aluminum, paper, food waste) and industrial waste (e.g., construction and demolition materials) to
advance a circular economy. EPA works closely with other federal agencies to implement EPA's
2021 National Recycling Strategy, the 2020 Save our Seas Act 2.0, and the 2021 Infrastructure
Investment and Jobs Act (IIJA), as well as develop additional strategies on plastics, food waste
and organics, critical minerals and electronics, textiles, and the built environment.
EPA works collaboratively with USD A, and the U.S. Food and Drug Administration (FDA) to
reduce food waste in support of the national goal of reducing food loss and waste by 50 percent
by 2030. EPA also is providing national estimates of food waste generation and management;
convening, educating, and supporting communities seeking to reduce food waste.
The Save our Seas Act 2.0, passed by Congress in December 2020, demonstrates bipartisan
congressional interest and provides EPA with authority to further act on domestic recycling and
address plastic waste through new grant programs, studies, and extensive federal coordination.
EPA is coordinating with DOE, several offices within the DOC (NIST, NOAA, USTR and ITA);
and USAID to implement Save our Seas. EPA also works with federal agencies to implement Save
Our Seas 2.0.
The IIJA was enacted on November 15, 2021. The IDA 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, management. The IIJA also establishes new programs focused on
battery recycling and directs EPA to develop a model recycling program toolkit, increase
coordination on federal procurement guidelines, and provide assistance to the educational
community to incorporate recycling best practices into curriculum. EPA will coordinate closely
with DOE on the development of battery recycling best practices and the voluntary labeling
program, as DOE also received significant new IIJA funding to advance battery recycling.
Resource Conservation and Recovery Act (RCRA) and Toxic Substances Control Act (TSCA)
Polychlorinated Biphenyl (PCB) Programs
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The RCRA Corrective Action Program coordinates closely with OF As, primarily DOD and DOE,
which have many corrective action sites. A top Agency priority is to help federal facilities meet
the Program's goals of investigating and cleaning up hazardous releases. EPA also coordinates
with other agencies on cleanup and disposal issues posed by PCBs under the authority of the Toxic
Substances Control Act (TSCA).
Emergency Preparedness and Response
EPA plays a major role in reducing the risks that accidental and intentional releases of harmful
substances and oil discharges pose to human health and the environment. EPA's leadership in
federal preparedness begins with co-chairing the National Response Team (NRT) and the 13
Regional Response Teams (RRTs) with the USCG. These teams, which have member participation
from 15 total federal agencies (EPA, USCG, DOS, DOD, DHS/FEMA, DOE, USD A, DHHS
(including CDC, NIOSH, and ATSDR), DOI, DOC, DOT, U.S. Nuclear Regulatory Commission,
U.S. General Services Administration (GSA), DOJ, and the U.S. Department of Labor [DOL]
[including OSHA]), provide guidance and deliver federal assistance to state, local, and tribal
governments to plan for and respond to natural disasters, acts of terrorism, and other major
environmental incidents. This requires coordination with many federal, state, and local agencies.
The Agency participates with other federal agencies to develop national planning and
implementation policies at the operational level.
EPA supports the Weapons of Mass Destruction Strategic Group (WMDSG) crisis-action team
intended to coordinate the United States Government's efforts to successfully resolve a WMD
threat and support interagency senior leader decision making. The WMDSG is comprised of over
50 SMEs representing over 15 different departments and agencies. The WMDSG is on call
24/7/365 to respond to the FBI's Strategic Information and Operations Center (SIOC) within two
hours. The WMDSG - led by the FBI - provides enhanced coordination by focusing on
information sharing and operation synchronization. The WMDSG helps maintain situational
awareness by working directly with FBI Counterterrorism Division (CTD) regarding investigative
activities, and the National Assets Command Post (NACP) regarding crisis operations.
The National Response Framework (NRF), under the direction of DHS, provides for the delivery
of federal assistance to states to help them deal with the consequences of terrorist events, acts of
malfeasance, as well as natural and other significant disasters. EPA maintains the lead
responsibility for the NRF's Emergency Support Function #10 (covering inland hazardous
materials and petroleum releases) and participates in the Federal Emergency Support Function
Leaders Group which addresses NRF planning and implementation at the operational level.
The National Biodefense Strategy (NBS) provides a single coordinated effort to orchestrate the
full range of activity that is carried out across the United States Government to protect the
American people from biological threats. With National Security Presidential Memorandum
(NSPM)-14, this strategy explains how the United States Government will manage its activities
more effectively to assess, prevent, detect, prepare for, respond to, and recover from biological
threats, coordinating its biodefense efforts with those of international partners, industry, academia,
non-governmental entities, and the private sector. The Biodefense Steering Committee, chaired by
the Secretary of Health and Human Services, and comprising the Secretary of State, the Secretary
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of Defense, the Attorney General, the Secretary of Agriculture, the Secretary of Veterans Affairs,
the Secretary of Homeland Security, and the Administrator of the Environmental Protection
Agency, will be responsible for overseeing and coordinating the execution of the strategy and its
implementation plan, and ensuring federal coordination with domestic and international
government and non-governmental partners.
Chemical Accident Prevention and Response
Under CAA Section 112(r), EPA administers the Oil Spill Risk Management Program (RMP)
regulations designed to prevent and respond to chemical accidents at fixed facilities that use or
store large quantities of highly toxic or flammable substances in a process. In administering these
regulations, EPA collaborates closely with other federal agencies, including DOL, DOT, DHS,
and others. An important nexus for this collaboration is the National Working Group on Chemical
Safety and Security, which includes participation by EPA, DOL/OSHA, DHS, DOT, and BATF.
The Working Group was initially formed as a result of Executive Order 13650 - Improving
Chemical Facility Safety and Security - which tasked federal agencies with various actions to
further improve chemical facility safety and security in coordination with facility owners and
operators. Through the Working Group, EPA works with federal agency partners to share
information, develop fact sheets and guidance, and coordinate regulatory and policy actions
relating to chemical safety and security. EPA also conducts additional regular coordination with
DOL and OSHA, which administer the OSHA Process Safety Management standard, a regulation
that shares common provisions with EPA's RMP regulations.
Under the Emergency Planning and Community Right-to-Know Act, EPA administers regulations
that establish the list of extremely hazardous substances for community emergency response
planning, as well as regulations that establish chemical inventory and release reporting
requirements. In administering these regulations, EPA works closely with DOT, DHS, FEMA,
and other agencies that are involved in planning for chemical emergencies. For example, EPA
collaborates with the National Oceanic and Atmospheric Administration (NOAA) to develop the
Computer Aided Management of Emergency Operations (CAMEO) software suite and Tier II
Submit software, which provide free computer software tools to help fire departments, local
emergency agencies and other stakeholders manage chemical inventory information and develop
and implement emergency response plans.
Oil Spills
EPA is responsible for maintaining the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which sets out the federal government's blueprint for responding to oil
spills. More specifically, the NCP details federal responsibilities and procedures for preparing for
and responding to discharges of oil or releases of hazardous substances, pollutants, or contaminants
in inland and coastal zones of the U.S. EPA is authorized to amend the NCP in consultation with
other federal agencies. Under the NCP, EPA serves as the pre-designated On-Scene Coordinator
for oil discharges in the inland zone. As part of its responsibilities, EPA also maintains a list—
called the Product Schedule—of dispersants and other chemical and bioremediation products that
may be authorized for use during a spill.
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EPA helps agencies such as FWS and the USCG and works in coordination to address oil
discharges nationwide. EPA also assists agencies with judicial referrals when enforcement of
violations becomes necessary. In addition, EPA and the USCG work in coordination to address oil
spills nationwide. Under the authorities provided by the Federal Water Pollution Control Act
(FWPCA) or Clean Water Act (CWA), EPA develops oil discharge response, prevention, and
preparedness regulations. EPA also provides compliance monitoring activities to enforce these
regulations and coordinates with USCG, DOT, and BSEE in their implementation.
EPA serves as member of the Interagency Coordinating Committee on Oil Pollution Research
(ICCOPR) established under the Oil Pollution Act of 1990. ICCOPR coordinates a comprehensive
program of oil pollution research, technology development, and demonstration among federal
agencies in cooperation and coordination with external entities, such as industry, universities,
research institutions, state governments, and other nations, as appropriate. Comprised of 16 federal
agencies, ICCOPR is chaired by USCG, with EPA having served in a rotating Vice Chair capacity.
ICCOPR develops priorities for oil spill research across the federal government on a 6-year cycle
and prepares biennial reports to Congress on research activities and key interagency committee
activities.
Strengthen Human Health and Environmental Protection in Indian Country
EPA, DOI, DHHS, USDA, and HUD work through several MOUs as partners to improve
infrastructure on tribal lands. All five federal partners have committed to continue federal
coordination in delivering services to tribal communities. The Infrastructure Task Force has built
on prior partner successes, including improved access to funding and reduced administrative
burden for tribal communities through the review and streamlining of Agency policies, regulations,
and directives as well as improved coordination of technical assistance to water service providers
and solid waste managers through regular coordination meetings and web-based tools.
Homeland Security
EPA's Homeland Security, Preparedness and Response Program continues to develop and
maintain agency assets and capabilities to respond to and support nationally significant incidents
with emphasis on those involving chemical warfare agents. The Program implements abroad range
of activities for a variety of internal and multi-agency efforts consistent with the NRF and the
Homeland Security Presidential Directives that EPA leads or supports. This includes being the
lead analytical agency for environmental sampling during a CWA incident. EPA also coordinates
its preparedness activities with DHS, FEMA, FBI, and other federal, state, and local agencies.
Research to Support Homeland Security
EPA collaborates with numerous agencies on Homeland Security research to leverage funding
across multiple programs and produce synergistic results. EPA's Homeland Security Research
Program works with DHS to back decisions made in its role as a lead agency responsible for
cleanup during a Stafford Act declaration under ESF-10 and as the lead agency for water
infrastructure. EPA also works with the DOD and its sub-organizations in its research work related
to biological and chemical warfare agents. Further, EPA participates in a tri-agency research
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partnership (Technical Coordination Working Group [TCWG]) with the DOD and DHS that
focuses on chemical and biological defense needs and gaps. TCWG activities include: information
sharing; joint science and technology research projects; and complementing policies. EPA also
collaborates with the CDC in conducting biological agent research.
EPA works with these aforementioned entities and others to address areas of mutual interest and
concern related to both homeland security cleanup and water infrastructure protection issues. The
Program conducts joint research with USDA and DOI focusing on addressing homeland security
threats at the intersection of the environment/public health and agriculture/natural resources. EPA
also works with DOE to access and conduct research at the DOE's National Laboratories
specialized research facilities, such as to establish the Water Security Test Bed and develop
analytical capabilities for biological and chemical agents in environmental matrices.
Research to Support Land and Emergency Management Programs
EPA has complementary and joint programs with the USFS, USGS, USDA, USACE, NOAA,
BLM, and many others to minimize duplication, maximize scope, and maintain a real-time
information flow for land and emergency management issues. EPA coordinates its research to
support a range of environmental priorities at other federal agencies, including work with DOD in
its Strategic Environmental Research and Development Program and the Environmental Security
Technology Certification Program, and works with DOE and its Office of Health and
Environmental Research. EPA also conducts collaborative laboratory research with DOD, DOI,
and USGS to improve characterization and risk management options for dealing with subsurface
contamination. EPA also works through the Interstate Technology Regulatory Council (ITRC) in
defining continuing research needs through its teams on topics including PFAS, radionuclides, and
brownfields.
Chemical Safety and Pollution Prevention Programs
National Coordination for General Issues Relating to Chemical Safety
EPA established an Interagency Policy Group comprised of other federal agencies with interest
and expertise in chemical issues to hold periodic meetings to obtain input on significant actions
such as the TSCA Risk Evaluations, rules, and potential existing chemical candidates for
Prioritization under TSCA. The agencies on the Interagency Policy Group include: CPSC, DOD,
OMB, NASA, DOL, SBA, NIH, FDA, and CDC. EPA has utilized this group to review TSCA
materials including, but not limited to, risk evaluations documents related to the scoping of existing
chemicals for risk evaluation and associated draft risk evaluations. Additionally, EPA has initiated
regular engagement with both NIOSH and OSHA to discuss occupational exposure assessments
and risk management.
EPA also engages in biannual meetings with the OMNE2 Committee, which includes the
Occupational Safety and Health Administration (OSHA), Mining Safety and Health
Administration (MSHA), NIOSH, and the NIEHS. The OMNE Committee exists to provide a
2 The OMNE Committee is named for the first letter in each participating agency's name.
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venue for federal agencies to share information and coordinate activities regarding proposed rules,
risk assessments, and risk management strategies for controlling exposure to chemicals.
Federal Lead Action Plan
Established by Executive Order 13045, the President's Task Force on Environmental Health Risks
and Safety Risks to Children comprises 17 federal departments and offices and is co-chaired by
the Secretary of DHHS and the EPA Administrator. In December 2018, through cross-
governmental collaboration, the Task Force unveiled the Federal Action Plan to Reduce Childhood
Lead Exposures and Associated Health Impacts (Federal Lead Action Plan). The Federal Lead
Action Plan is a blueprint for reducing lead exposure and associated harms by working with a
range of stakeholders, including states, tribes and local communities, along with businesses,
property owners and parents. In 2019, EPA released the Implementation Status Report for EPA
Actions under the December 2018 Federal Action Plan to Reduce Childhood Lead Exposures and
Associated Health Impacts3 and Progress Report on the Federal Action Plan to Reduce Childhood
Lead Exposures and Associated Health Impacts.4 In FY 2022 and FY 2023, the Agency will
continue to lead those goals and actions, coordinate with federal, state, tribal and community
partners to amplify the impacts, and report on activities and implementation, as appropriate.
Participation in International Agreements addressing Chemicals and Pesticide Management
To participate effectively in international agreements addressing chemicals and pesticide
management (e.g., the Stockholm Convention on Persistent Organic Pollutants, the Minamata
Convention on Mercury, the Rotterdam Convention on the Prior Informed Consent Procedures for
Certain Hazardous Chemicals and Pesticides in International Trade, the Strategic Approach to
International Chemicals Management, CODEX Alimentarius, and a wide range of multilateral,
regional, and bilateral free trade agreements), EPA coordinates with other federal agencies, such
as the Office of the U.S. Trade Representative (USTR), DOS, DOC, USDA, DOE, FDA, and
DHHS on a regular basis to develop the policy views and positions of the United States.
EPA also coordinates with other parts of the U.S. Government, including the Agency for Toxic
Substances and Disease Registry (ATSDR), NIH, and CPSC, on more technical international
matters related to the safety and management of chemicals and pesticides. At the regional and
global levels, EPA engages in bilateral cooperation and information exchange with a wide range
of countries and regional organizations, such as the European Union (EU), Canada, China,
Australia, Japan, Brazil, and many others.
In addition to participating in the U.S. Government trade development process, EPA also
specifically engages in trilateral cooperation with Canada and Mexico through the U.S.-Mexico-
Canada (USMCA) Free Trade Agreement, particularly with respect to the provisions related to
agriculture, technical barriers to trade, and environment, among others. Such engagement is
designed to promote further trade and regional cooperation among the three governments through
3 For additional information, please visit: https://www.epa.gov/sites/default/files/2019-
04/documents/leadimplementationbooklet april2019.pdf.
4 For additional information, please visit: https://www.epa.gov/leadactionplanimplementation/progress-report-federal-action-
plan-reduce-childhood-lead-exposures.
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targeted efforts and technical working groups. In 2022-2024, for example, under OCSPP's
leadership, EPA is working within the USMCA's CEC with Canada and Mexico on a project to
explore supply chain transparency to identify innovative approaches and digital tools supporting
the identification and disclosure of chemical contents in goods and materials. The project is
intended to foster best practices for information exchanges and collaboration and to engage
different industry sectors, environmental experts, and government and technical authorities.
EPA also works closely with a number of countries in the context of the Organization for Economic
Cooperation and Development (OECD) to further coordination amongst the OECD Member
countries and observer governments. For example, OCSPP serves as the National Coordinator for
the United States in support of the OECD Test Guidelines Program's mutual acceptance of data
work, which aims to reduce the need to repeat health effects studies due to incompatible test
protocols. Additionally, among others working groups and committees, EPA is engaged in the
OECD Working Group on Pesticides (WGP), which shares pesticide registration work and develop
tools to monitor and minimize pesticide risk to human health and the environment, and with the
Chemicals and Biotechnology Committee, which oversees eleven working groups and other subsidiary
bodies in the chemicals and pesticide arenas.
Capacity Building and Technical Assistance
EPA also participates significantly with other Agencies and international organizations in the
development, coordination, and delivery of capacity-building and technical assistance. For
example, OCSPP is collaborating with USDA's Foreign Agricultural Service and the Inter-
American Institute for Cooperation on Agriculture to address the many inquiries from foreign
countries on pesticide registrations, standard setting processes, maximum residue level (MRL)
harmonization, and risk assessment procedures.
Certification and Training, Worker Protection, IPM, and Environmental Stewardship
EPA will continue to coordinate with USD A, DOD, DOI, DOE, tribes, territories, and states to
implement Certification Plans for pesticide applicators who use the riskiest pesticides. EPA
provides technical guidance and assistance to the states and tribes in the implementation of all
pesticide program activities, such as protecting workers, promoting Integrated Pest Management
and environmental stewardship. EPA also provides support through grants, cooperative
agreements, or interagency agreements with states, tribes, and other partners, including
universities, non-profit organizations, other federal agencies, pesticide users, environmental
groups, and other entities, as necessary, to assist in strengthening and implementing EPA's
pesticide activities, such as worker protection, pollinator protection and certifying pesticide
applicators.
Assessing Potential Pesticide Risks with Supplemental Data
EPA relies on data from DHHS and USDA to supplement data from the pesticide industry to assist
the Agency in assessing the potential risks of pesticides in the diets of adults and children.
Specifically, EPA uses National Health and Nutrition Survey (NHANES) food consumption
survey data developed by the DHHS, as well as pesticide residue data in food commodities
generated by the USDA in its Pesticide Data Program (PDP) as inputs for dietary risk assessment.
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Endangered Species & Pollinator Protection
EPA will continue collaborating with the USD A, FWS, and NMFS on protecting endangered and
threatened species and improving methods for assessing potential risks and effects of pesticides to
them. EPA, in cooperation with USDA, other federal agencies, state agencies, tribes, territories,
and other entities, will continue to address pesticide risks to bees and other pollinators which are
critical to our environment and the production of food crops.
Homeland Security - Protecting Food & Agriculture Sectors
EPA collaborates with the agencies such as DOD, DHS, DHHS, USDA, FDA, FEMA, and other
federal, tribal, and state organizations on a variety of homeland security issues as part of the
Government Coordinating Council (GCC) For Food and Agriculture. The issues focus on
protecting the public and food and agriculture sector from various threats (e.g., biological agents,
diseases, or natural disasters) which are vital to critical functions of the government and private
sector. EPA collaborates with these organizations on many issues such as research pertaining to
effective disinfectants for high threat microorganisms, planning for response to various potential
incidents, training and development of policies and guidelines. In addition to GCC efforts, EPA
continues to partner with the OSHA, NIOSH, and CPSC on risk assessment and risk mitigation
activities.
Pesticide Program Dialogue Committee (PPDC) and State and Tribal Stakeholder Groups
One of the Agency's methods for receiving input on pesticide issues has been the Pesticide
Program Dialogue Committee (PPDC), a Federal Advisory Committee, that brings together a
broad cross-section of knowledgeable stakeholders from organizations that represent divergent
views in order to discuss pesticide regulatory, policy, and implementation issues. The PPDC
includes members from federal and state governments, industry/trade associations, pesticide user
and commodity groups, consumer and environmental/public interest groups, and others. The
PPDC provides a structured environment for meaningful information exchanges and discussions,
and keeping the public involved in decisions that affect them. Dialogue with outside groups is
essential for the Agency to remain responsive to the needs of its many partners. EPA also works
extensively with the Association of American Pest Control Officials and the Tribal Pesticide
Program Council to maximize communication with states, tribes, and territories on pesticide
implementation issues.
General Research to Support Chemical Safety
EPA participates in a multi-agency effort under the Tox21 Consortium. Tox21 pools chemical
research, data and screening tools from multiple federal agencies including EPA, and the NIH and
FDA. EPA has contributed a chemical library, currently exceeding 4,000 chemicals, to the Tox21
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testing program.5'6 Nearly all of this library includes data from EPA's Toxicity Forecaster
(.ToxCast™), an effort that utilizes existing resources to develop faster, more thorough predictions
of how chemicals may affect human and environmental health. The Tox21 Consortium has
screened thousands of chemicals with more than 70 assays, resulting in more than 120 million data
points which can inform decision making regarding the safety of chemicals. The full Tox21 library
comprises approximately equal sized contributions from EPA, National Toxicology Program
(NTP), and National Center for Advancing Translational Sciences (NCATS).
PFAS are a large, diverse class of chemicals that have been widely used in industry and consumer
products and are ubiquitous in the environment. EPA is committed to working collaboratively with
federal, state, tribal and local partners to address the challenges posed by PFAS. Efforts include
working with other federal agencies to address scientific challenges such as the lack of published
toxicity data for most PFAS chemicals. The results will be used to identify categories of PFAS
chemicals having similar structural and toxicological properties that may inform the development
and strength of predictive toxicological models. EPA anticipates increased interagency
collaboration on PFAS research and development efforts through an OSTP-led interagency
working group, established as required by the FY 2021 National Defense Authorization Act.
Resources requested in FY 2023 will build upon the research foundation formed from completed
work.
Research to Support the Amended Toxic Substances Control Act
EPA collaborates globally with other federal agencies on research to accelerate the pace of
chemical risk assessment and to provide greater regulatory certainty for the public. EPA is working
with Health Canada and the European Joint Research Center on the development and testing of
new non-animal approach methodologies to evaluate chemicals quickly and cost-effectively for
safety. These new approach methods are a critical part of implementing the TSCA Strategic Plan
to reduce, refine, and replace the use of vertebrates in toxicity testing and evaluation. EPA also
commenced work with Health Canada and ECHA to promote sharing of non-confidential chemical
safety information with the intent of advancing chemical evaluations across regulatory
jurisdictions. This collaborative approach will help EPA and other federal agencies screen,
prioritize, and evaluate chemicals, and promote implementation of alternative methods to replace
vertebrate animal testing under TSCA. Finally, EPA is engaged in multiple OECD chemical safety
groups that share information, expertise, and research results related to chemical safety.
Ultimately, these international efforts will work towards creating transparent data requirements for
industry and reducing the regulatory uncertainty of multiple regulatory environments globally.
Research to Support Agencywide Risk Assessment Activities
EPA consults and collaborates routinely with other federal agencies about the science of individual
Integrated Risk Information System (IRIS) assessments. EPA also coordinates, respectively, with:
ATSDR, through an MOU on the development of toxicological reviews and toxicology profiles;
5 Collins, F.S., Gray, G.M., and Bucher, J.R. (2008). Transforming environmental health protection. Science, 319, 906-907. doi:
1.0.1.1.26/science, 1.1.5461.9.
6 Tice. R.R.. Austin. C.P.. Kavlock. R.J.. and Bucher. J.R. (201.3). Improving the human hazard characterization of chemicals: a
Tox21. update. Environmental Health Perspectivei 5-765. doi: 1.0.1.289/ehp. 1.205784.
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NIEHS and the National Toxicology Program, on assessment methodology, software, and assay
development platforms; FDA on advisories and reports; and DOD on assessment development
methods. In addition, EPA contracts with the National Academy of Sciences' National Research
Council (NRC) on very difficult and complex human health assessments through consultation or
review. EPA also participates in the Interagency Coordinating Committee on the Validation of
Alternative Methods (ICCVAM) to work towards increasing the efficiency and effectiveness of
U.S. federal agency test method review, eliminating unnecessary duplication of effort, sharing
experience among U.S. federal regulatory agencies, and reducing, refining, and replacing the use
of animals in testing.
Enforcement and Compliance Assurance Programs
General Enforcement Coordination
The Enforcement and Compliance Assurance Program coordinates closely with:
• DOJ on all civil and criminal environmental enforcement matters. In addition, the Program
has coordinated with other agencies on specific environmental issues as described herein;
• The Chemical Safety and Hazard Investigation Board, OSHA, and ATSDR in preventing
and responding to accidental releases and endangerment situations;
• DOI's BIA, and DHHS's IHS on issues relative to compliance with environmental laws in
Indian country;
• The DOC and SBA on the implementation of SBREFA. In addition, it has collaborated
with the SBA to maintain current environmental compliance information at Business.gov,
a website initiated as an e-government initiative in 2004, to help small businesses comply
with government regulations. The IRS on cases that require defendants to pay civil
penalties, thereby assisting the IRS in assuring compliance with tax laws;
• USACE on wetlands issues;
• DOT's Pipeline and Hazardous Materials Safety Administration on pipeline spills; and,
• USDA on the regulation of animal feeding operations and on food safety issues arising
from the misuse of pesticides and shares joint jurisdiction with the Federal Trade
Commission on pesticide labeling and advertising.
International Trade
EPA works with U.S. Customs and Border Protection (CBP) on implementing the secure
International Trade Data System (ITDS) across all federal agencies and on chemical and pesticide
imports, hazardous waste and Cathode Ray Tube exports, imports of internal combustion vehicles
and engines that do not meet Clean Air Act requirements, as well as on a variety of other
import/export issues under the various statutes.
Coordination on Issues Involving Shared Jurisdiction
EPA and FDA share jurisdiction over general-purpose disinfectants used on non-critical surfaces
and some dental and medical equipment surfaces. EPA and FDA also collaborate and share
information on Good Laboratory Program inspections to avoid duplication of inspections and
maximize efficient use of limited resources. EPA, FDA, and FAA jointly regulate drinking water
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safety on airlines via the Aircraft Drinking Water Rule. The Agency has entered into an agreement
with HUD concerning enforcement of the TSCA lead-based paint notification requirements. The
Agency has coordinated with the USCG under the Act to Prevent Pollution from Ships, and on
discharges of pollutant from ships and oil spills under the CWA. EPA also works with DOI on
CWA permit enforcement on the Outer Continental Shelf, as well as both the Interior and
Transportation Departments on enforcement of CWA requirements for offshore facilities.
Criminal Enforcement
EPA's Criminal Enforcement Program coordinates with FBI, CBP, DOL, U.S. Treasury, DHS,
DOI, USCG, and DO J and with international, state, tribal, and local law enforcement organizations
in the investigation and prosecution of environmental crimes. EPA also works with DOJ to
establish task forces that bring together federal, state, tribal, and local law enforcement
organizations to address environmental crimes. EPA has an Interagency Agreement with DOJ's
Environment and Natural Resources Division to develop the first federal Environmental Crime
Victim Assistance Program. This allows both agencies to meet their statutory obligations under
the Crime Victims' Rights Act (CVRA) and the Victims' Rights and Restitution Act (VRRA), to
make sure that environmental crime victims are notified of and accorded their rights under the
CVRA and VRRA. In addition, the Program has an Interagency Agreement with the DHS to
provide specialized criminal environmental training to federal, state, local, and tribal law
enforcement personnel at the Federal Law Enforcement Center (FLETC) in Glynco, Georgia.
Monitoring the Environmental Compliance of Federal Agencies
Most environmental statutes require departments, agencies, and instrumentalities of the U.S.
government to comply with environmental requirements just like any other regulated entity. EPA
and states inspect federal facilities and take enforcement actions, as appropriate. In addition,
Executive Order 12088 on Federal Compliance with Pollution Control Standards directs EPA to
monitor compliance by federal agencies with all environmental laws and provide technical
assistance. The Federal Facility Enforcement Program coordinates with other federal, state, tribal,
and local agencies to ensure compliance by federal agencies with all environmental laws. EPA
works with the Federal Facilities Environmental Stewardship and Compliance Assistance Center
(FedCenter) (www.fedcenter.gov), which is governed by a board of more than a dozen
contributing federal agencies. EPA also partners with other federal agencies to identify ways to
expedite cleanup of Superfund sites and prevent and address regulatory compliance issues.
FedCenter works with federal agencies to plan Federal Environmental Symposiums to encourage
collaboration, information sharing, stewardship, and improved environmental compliance across
the federal government. EPA is working with other Agencies through FedCenter to address
Administration priorities including PFAS and environmental justice.
EPA has commenced a number of specific collaborative efforts to work one-on-one with other
federal agencies to help foster productive relationships through environmental compliance
outreach efforts. We have developed partnerships with other federal agency headquarters offices
including, for example, HHS, BIA, DOD, DOE, and NASA to discuss EPA's compliance
initiatives and explore ways EPA can best help federal agencies remain aware of their
environmental compliance status and requirements nationwide. We have instituted a biweekly
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dialogue with DOD to help address compliance issues at housing for military personnel with a
particular focus on compliance with lead-based paint requirements.
In the context of EPA's compliance initiatives, the Agency proactively addresses potential
significant noncompliance by sending letters to federal agencies highlighting facility
noncompliance so facilities can expeditiously take the necessary actions to address the compliance
issues. EPA also has issued multiple compliance advisories geared to other federal agencies
providing information on the Agency's compliance initiatives.
Superfund Enforcement
EPA coordinates with OF As in their use of CERCLA enforcement authority. This includes the
coordinated use of such authority at individual hazardous waste sites that are located on both non-
federal land (EPA jurisdiction) and federal lands (other agency jurisdiction). As required by
Executive Order 13016, EPA also reviews and concurs on the use of CERCLA Section 106
authority by other departments and agencies.
EPA coordinates closely with Federal Land Management Agencies (FLMAs), such as BLM and
USFS, at mixed ownership sites {i.e., those sites located partially on privately-owned land and
partially on federally-owned land) pursuant to Executive Order 12580. EPA frequently enters into
Memoranda of Understanding (MOUs) with FLMAs designed to provide a framework for agencies
to coordinate response actions. Most recently, EPA has completed an MOU with FLMAs to
improve the efficient and effective use of federal resources to cleanup at mixed ownership mining
sites. EPA meets with DOI and USDA as part of the Federal Mining Dialogue, to discuss
developments arising out of the CERCLA work at such sites.
EPA also coordinates with DOI, USDA, DOC, DOE, and DOD to ensure that appropriate and
timely notices, required under CERCLA, are sent to the Natural Resource Trustees notifying them
of potential damages to natural resources. EPA also coordinates with Natural Resource Trustees
on natural resource damage assessments, investigations, and planning of response activities under
Section 104 of CERCLA. When an enforcement action is initiated at a site where hazardous
substances are found to have caused damages to natural resources, EPA coordinates with the
Trustees by including them in negotiations with potentially responsible parties concerning the
releases that have caused those damages.
EPA's Superfund Federal Facilities Enforcement Program ensures that: (1) all federal facility sites
on the NPL have interagency agreements, also known as Federal Facility Agreements (FFAs) with
enforceable cleanup schedules; (2) FFAs are monitored for compliance; (3) federal sites are
transferred to new owners in an environmentally responsible manner; and (4) compliance
assistance is available to the extent possible. This program also ensures that federal agencies
comply with Superfund cleanup obligations "in the same manner and to the same extent" as private
entities. To enable the cleanup and reuse of such sites, the Federal Facilities Enforcement Program
also has coordinated creative solutions that help restore facilities, so they can once again serve an
important role in the economy and welfare of local communities, and the country. EPA also has
established a partnership with ECOS and DOE, the DOE Dialogue, to build relationships and
tackle enduring challenges at DOE cleanup sites.
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International and Tribal Affairs Programs
Supporting Global Policy to Reduce Pollution and Harmful Chemicals
EPA has a strong network of partners working to achieve reductions in global mercury use and
emissions, particularly when adverse U.S. impacts would be likely. EPA works closely with the
DOS in leading the technical and policy engagement for the U.S. in the Minamata Convention on
Mercury and the multi-stakeholder Global Mercury Partnership. In addition to the DOS, EPA
collaborates with several federal agencies including USGS and US AID to advance robust
implementation of the Minamata Convention by other countries. EPA also continues to share
information through the Arctic Council on reducing releases of mercury which disproportionally
impact indigenous arctic communities.
Similarly, EPA is engaged in a multi-pronged effort to address the growing global problem of
marine litter. Here, EPA works with the DOS, NOAA, Peace Corps, and USAID to advance policy
and technical solutions for marine litter in global fora. EPA also is working with USD A, OMB,
and FDA on the on reducing food waste which includes international cooperation on measuring
food waste reductions and pilot activities that can create market opportunities for U.S. technologies
and innovation.
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 fundamental
environmental rule of law. 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).
Supporting Environmental Priorities in Global Trade Policy and Implementation of
Environmental Cooperation Agreements
Since the 1972 Trade Act mandated USTR engage in interagency consultations, EPA has played
a key role in trade policy development. 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 USTR in the development of U.S.
international trade and investment policy.
EPA continues 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 also continues active
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participation in the United States Trade Representative (USTR)-led Interagency Environment
Committee for Monitoring and Environment (IECME) established to promote Mexican and
Canadian compliance with their environmental obligations. In addition, EPA continues to work
with partners (including the U.S. Treasury, State Department, USAID, and the U.S. International
Development Finance Corporation), to improve environmental governance of U.S. funded
international development projects.
Addressing Transboundary Pollution
EPA collaborates with countries around the world to address foreign sources of pollution in
coordination with DOS, USAID, DOJ, Treasury, and others. EPA works closely with DHHS to
advance recognition of environmental risk factors of non-communicable diseases (NCDs) and how
to mitigate the risks, including from lead and mercury. In addition, EPA continues to strengthen
its activities in the Arctic by working with Alaska, tribes, federal agencies, and the private sector
to build international support for U.S. environmental policy objectives through the Arctic Council.
These objectives cover a range of topics, including reducing emissions and exposure to mercury.
EPA also plays a leadership role with other agencies including NOAA, DOS, and USAID in
crafting sound programs to address marine litter globally, ensuring that sound waste management
and recycling strategies are advanced in key source countries. Further, EPA collaborates with
DOS, the Government of Canada, tribes, federal agencies, and other stakeholders to address
transboundary water pollution caused by historic and current mining practices in the Kootenai
watershed.
Working in Indian Country
EPA is an active participant in the White House Council on Native American Affairs (WHCNAA).
The WHCNNA is an interagency Principals-level council established by President Obama's
Executive Order 13647 in June 2013, in response to requests from tribal leaders across Indian
country for a Cabinet-level council to uphold treaty and trust obligations, support the Nation-to-
Nation relationship, and improve tribal engagement and consultation. The Biden-Harris
Administration has reconvened the WHCNAA and established six sub-committees: Climate
Change, Tribal Homelands, and Treaties; Health; Education; Economic Development; Energy and
Infrastructure; Public Safety and Justice; and International Indigenous Issues.
EPA serves as the co-lead (with DOI and USD A) of the Climate Change, Tribal Homelands, and
Treaties Committee. Within this Committee, EPA is a co-lead and lead on two subcommittees,
including the Tribal Treaty Rights MOU Subcommittee and the Climate Adaptation
Subcommittee. Both this Committee and the Subcommittees meet on a regular basis.
EPA also serves as the co-lead (with DOI and the DOS) on the International Indigenous Issues
Committee. Within this Committee, EPA is co-lead on three subcommittees, including Human
Rights and Environmental Justice, Cross Border Issues, and Climate Crisis. Both this Committee
and the Subcommittees meet on a regular basis.
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Additionally, EPA is involved as a participant in the Health Committee and is an active participant
on the Water/Sanitation Subcommittee. Both this Committee and the Subcommittee meet on a
regular basis.
EPA continues work as a federal partner under the federal interagency Memorandum of
Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal
Treaty Rights and Reserved Rights which was signed by the EPA Administrator on August 5,
2021. The signatories to affirm their commitment to protect tribal treaty rights, reserved rights and
similar tribal rights to natural and cultural resources and work to demonstrate that commitment
through early consideration of treaty and reserved rights in agency decision-making and regulatory
processes.
Central Planning, Budgeting and Finance Programs
Working with Federal Partners on Improving Management and Accountability throughout the
Federal Government
EPA coordinates appropriately with Congress and other federal agencies, such as the U.S.
Treasury, the Government Accountability Office (GAO), and GSA. EPA participates and makes
active contributions to standing interagency management committees, including:
• the Chief Financial Officers Council, which focuses on improving resources management
and accountability throughout the federal government;
• the Performance Improvement Council, which coordinates and develops strategic plans,
performance plans, and performance reports as required by law;
• OMB-led E-Government initiatives, such as the Financial Management and Budget
Formulation and Execution Lines of Business;
• the Bureau of Census-maintained Federal Assistance Awards Data System;
• the President's Management Council, which oversees developing and implementing Cross-
Agency Priority (CAP) goals; and
• the Evaluation Officer Council, which serves as a forum to exchange information with the
broader Federal evaluation community.
Provide Government-to-Government Employee Relocation Services
EPA provides government-to-government employee relocation services via interagency
agreements through EPA's Federal Employee Relocation Center (FERC) as a Working Capital
Fund (WCF) activity. EPA-FERC provides "one-stop shop" domestic and international relocation
services to other federal agencies to increase operational efficiency and save the government
money. Relocation services are provided internally to all EPA offices, and externally to the
Transportation Security Administration (TSA), Alcohol, Tobacco, Firearms, and Explosives
(ATF), DOL, Office of Personnel Management (OPM), United States Patent and Trademark Office
(USPTO), Health and Human Services Office of Global Affairs (HHS-OGA), and United States
Agency of Global Media (USAGM).
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Mission Support Programs
Working with Federal Partners on Improving Management and Accountability throughout the
Federal Government
EPA provides leadership and expertise to government-wide activities in various areas of human
resources, grants management, contracts management, suspension and debarment, and homeland
security. These activities include specific collaboration efforts through:
• The Chief Human Capital Officers Council, a group of senior leaders that discuss human
capital initiatives across the federal government.
• The Legislative and Policy Committee, a committee comprised of other federal agency
representatives who assist OPM in developing plans and policies for training and
development.
• The Chief Acquisition Officers Council, the principal interagency forum for monitoring
and improving the federal acquisition system. The Council also is focused on promoting
the President's specific initiatives and policies in all aspects of the acquisition system.
• The Award Committee for E-Government (E-Gov) provides strategic vision for the
portfolio of systems/federal wide supporting both federal acquisition and financial
assistance. Support also is provided to the associated functional community groups,
including the Procurement Committee for E-Gov, the Financial Assistance Committee for
E-Gov, and the Intergovernmental Transaction Working Group.
• The Grants Quality Service Management Office (QSMO) leads efforts to transform the
federal grants management process by focusing on standardization and modernization of
grants systems to increase efficiency and reduce burden for grant applicants, recipients,
and the federal grants workforce; and better leveraging the buying power of the government
to access high-quality shared solutions and reduce costs. The Grants QSMO supports the
work of OMB's Office of Federal Financial Management and Office of the Federal Chief
Information Officer and GSA's Office of Shared Solutions and Performance Improvement.
• The Interagency Suspension and Debarment Committee (ISDC), a representative
committee of federal agency leaders in suspension and debarment. The Committee
facilitates lead agency coordination, serves as a forum to discuss current suspension and
debarment related issues, and assists in developing unified federal policy. Besides
participating in the ISDC, EPA: (1) provides instructors for the National Suspension and
Debarment Training Program offered through the Federal Law Enforcement Training
Center, and (2) supports the development of coursework and training on the suspension
and debarment process for the Inspector General Academy and the Council of the
Inspectors General on Integrity and Efficiency.
• The Financial Management Line of Business (FMLoB) has been expanded to also
encompass the Grants Management Line of Business. The combined FMLoB, with U.S.
Treasury as the managing partner, will more closely align the financial assistance and
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financial management communities around effective and efficient management of funds.
EPA also participates in the Grants.gov Users' Group, as well as the Federal Demonstration
The Interagency Committee on Federal Advisory Committee Management (Committee
Management Officer Council) provides leadership and coordination on federal advisory
committee issues and promotes effective and efficient committee operations government-
wide. In addition to serving on the Council, EPA works with the GSA Committee
Management Secretariat to establish and renew advisory committees, conduct annual
reviews of advisory committee activities and accomplishments, maintain committee
information in a publicly accessible online database, and develop committee management
regulations, guidance, and training. Further, EPA participates on the GSA Federal
Advisory Committee Act (FACA) Attorney Council Interagency Workgroup to keep
abreast of developments in the statutory language, case law, interpretation and
implementation of the FACA.
The Interagency Security Committee (ISC) is the leading organization for nonmilitary
federal departments and agencies in establishing policies for the security and protection of
federal facilities, developing security standards, and ensuring compliance with those
standards. EPA participates in the ISC as a primary member and in sub-committees and
workgroups to facilitate EPA's compliance with ISC standards for facilities nationwide.
The OPM Background Investigations Stakeholder Group (BISG) is a collaborative
organization that is derived from the Intelligence Reform and Terrorism Prevention Act of
2004. The BISG is comprised of senior security officials across the federal government
who are responsible for the submission, adjudication and/or oversight of personnel security
programs. EPA works with this group to discuss topics regarding background
investigations, focusing on standardizing and improving the Agency's personnel security
program.
EPA manages the Senior Environmental Employment (SEE) Program's interagency
agreements with other federal agencies. The interagency agreements are with the White
House/CEQ, the CDC/ATSDR, and the Gulf Coast Ecosystem Restoration Council. SEE
enrollees provide administrative, technical, and professional support to these agencies for
projects relating to pollution prevention, abatement, and control.
Partnership which is designed to reduce the administrative burdens associated with
research grants.
EPA's Office of Administrative Law Judges (OALJ) partners with the USPTO, NOAA,
the Alcohol and Tobacco Tax and Trade Bureau, the Merit Systems Protection Board, and
the Equal Employment Opportunity Commission to serve as Presiding Officers for
proceedings to adjudicate complaints brought before the partner organizations. This
collaboration allows partner organizations the ability to provide constitutionally
guaranteed legal due process and review without staffing and supporting their own Offices
of Administrative Law Judges, while EPA's judges expand their experience and knowledge
in the area of administrative law. The services OALJ provides to other agencies are
reimbursed by the borrowing organization.
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Work with the Department of Interior's Interior Business Center
In FY 2023, EPA will continue working with DOI's Interior Business Center (IBC), an OPM- and
OMB-approved Human Resources Line of Business shared service center. IBC offers HR
transactional processing, compensation management and payroll processing, benefits
administration, time and attendance, HR reporting, talent acquisition systems, and talent
management systems. EPA also continues its charter membership on the OPM HR Line of
Business (LoB) Multi Agency Executive Strategy Committee (MAESC), providing advice and
recommendations to the Director of OPM as well as additional government-wide executive
leadership, for the implementation of the HR LoB vision, goals, and objectives.
Partnering with GSA on the US Access Program
EPA is partnering with GSA on the USAccess Program for Personal Identity Verification cards
and identity credential solutions, which provides an efficient, economical and secure infrastructure
to support its credentialing needs, and migrations to the Enterprise Physical Access Control
System, allowing the Agency to control access in EPA space, including restricted and secure space.
Environmental Information Programs
To support EPA's overall mission, the Agency collaborates with federal, state, and tribal agencies
on a variety of initiatives focused on making government more efficient and transparent in
protecting human health and the environment. EPA's Environmental Information programs are
primarily involved in the information technology (IT), information management (IM), and
information security aspects of the projects on which it collaborates.
The Chief Information Officer (CIO) Council
The CIO Council is the principal interagency forum for improving practices in the design,
modernization, use, sharing, and performance of federal information resources. The Council
develops recommendations for IT/IM policies, procedures, and standards; identifies opportunities
to share information resources; and assesses and addresses the needs of the federal IT workforce.
The Chief Data Officer (CDO) Council
The CDO Council was established by statute in the Foundations for Evidence-Based Policymaking
Act of 2018. The Council's vision is to improve government mission achievement and increase
the benefits to the Nation through improvement in the management, use, protection, dissemination,
and generation of data in government decision-making and operations.
eRulemaking
The eRulemaking Program is a Federal E-Government shared LoB that manages the Federal
Docket Management System (FDMS) and Regulations.gov. The Program provides the public with
one-stop access to electronic dockets and the ability to electronically comment on proposed
rulemakings and de-regulatory actions for multiple federal agencies.
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At the beginning of FY 2020, the Program Managing Organization transitioned from EPA to the
GSA. EPA will continue working with GSA as a Partner Agency to improve FDMS and provide
the public with access to electronic dockets and the ability to electronically comment on proposed
rulemaking and de-regulatory actions.
The National Environmental Information Exchange Network (EN)
EPA's EN Program and CBP are coordinating on using the Automated Commercial Environment
(ACE) system. This coordination will lead to automated processing of over 8 million EPA-related
electronic filings needed to clear legitimate imports and exports. With the move from paper filings
to electronic filings combined with automated processing through ACE, filing time can be reduced
from weeks/days to minutes/days. This significant processing improvement directly impacts the
movement of goods into commerce and the economy while helping to ensure compliance with
environmental and CBP laws and regulations. It also helps the U.S. Government keep pace with
the speed of business.
Automated Commercial Environment/International Trade Data System (ACE/ITDS)
ITDS is the electronic information exchange capability, or "single window," through which
businesses will transmit data required by participating agencies for the import or export of cargo.
ACE is the system built by CBP to ensure that its customs officers and other federal agencies have
the information they need to decide how to handle goods and merchandise being shipped into or
out of the United States. It also will be the way those agencies provide CBP with information about
potential imports/exports. ITDS eliminates the need, burden, and cost of paper reporting. It also
allows importers and exporters to report the same information to multiple federal agencies with a
single submission and facilitates movement of cargo by automating processing of the import and
exports. ITDS provides the capability for industry to consolidate reporting for commodities
regulated by multiple agencies. For these consolidated reports, the industry filers will receive the
appropriate status response when their filings meet each agency's reporting requirements. Once
all agency reporting requirements have been met, filers can receive a coordinated single U.S.
government response to proceed into the commerce of the United States.
EPA has the responsibility and legal authority to make sure pesticides, toxic chemicals, vehicles
and engines, ODS, and other commodities entering and hazardous waste exiting the country meet
its human health and environmental standards. EPA's ongoing collaboration with CBP on the
ACE/ITDS effort will improve the efficiency of processing these shipments through information
exchange between EPA and CBP and automated processing of electronic filings. As resources
permit, EPA will continue to work with CBP to automate the manual paper review process for
admissibility so that importers and brokers (referred to collectively as Trade) can know before
these commodities are loaded onto an airplane, truck, train, or ship if their shipment meets EPA's
reporting requirements. Because of this automated review, Trade can greatly lower its cost of doing
business and customs officers at our nation's ports will have the information on whether shipments
comply with our environmental regulations. EPA will continue to collaborate with CBP to support
regulatory changes and integrate with new ACE capabilities for streamlining the import and export
processes for America's businesses.
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Geospatial Information
EPA works with 31 federal agencies through the activities of the Federal Geographic Data
Committee (FGDC) and the OMB Geospatial Line of Business (Geo LoB). EPA also participates
in the FGDC Steering Committee. A key component of EPA's work with FGDC is developing and
implementing the National Spatial Data Infrastructure (NSDI) and the National GeoPlatform. The
key objective of the NSDI is to make a comprehensive array of national spatial data - data that
portrays features associated with a location or tagged with geographic information and can be
attached to and portrayed on maps - easily accessible to both governmental and public
stakeholders. Use of this data, in tandem with analytical applications, supports several key EPA
and government-wide business areas. These include ensuring that human health and environmental
conditions are represented in the appropriate contexts for targeting and decision making; enabling
the assessment, protection, and remediation of environmental conditions; and aiding emergency
first responders and other homeland security activities. EPA supports geospatial initiatives through
efforts such as EPA's GeoPlatform, EPA's Environmental Dataset Gateway, the Exchange
Network, National Environmental Policy Act (NEPA) Assist, EJScreen, the EPA Metadata Editor,
Facilities Registry System (FRS) Web Services, and My Environment. EPA also works closely
with its state, tribal, and international partners in a collaboration that enables consistent
implementation of data acquisition and development, standards, and technologies supporting the
efficient and cost-effective sharing and use of geographically-based data and services.
Federal Executive Boards
The Federal Executive Boards will be established in FY 2023. This LoB will replace the current
ad hoc structure and provide more support to regional Federal Executive Board staff members. In
line with the Biden Administration's initiatives, the Federal Executive Boards will support and
strengthen the Federal Workforce.
The Administrator's Office
Regulatory Management and Economic Analyses
EPA's Policy Office (OP) interacts with federal agencies during its rulemaking activities. Per
governing statutes and agency priorities, OP submits "significant" regulatory actions to OMB for
interagency review prior to signature and publication in the Federal Register. In addition, OP
coordinates EPA's review of other agency's regulatory actions submitted to OMB for review.
Under the Congressional Review Act, rules are submitted to each chamber of Congress and to the
Comptroller General of the United States. For regulations that may have a significant economic
impact on a substantial number of small entities, OP collaborates extensively with SBA and OMB.
OP also collaborates with other federal regulatory and natural resource agencies to collect data
used in economic benefit-cost analyses of environmental regulations and policies and to foster
improved interdisciplinary research and reporting. Activities include representing EPA on
interagency workgroups or committees tasked with measuring the economic benefits and costs of
federal policies and programs. Occasionally, OP also provides technical reviews of other agencies
research and analyses. In addition, OP's Office of Federal Activities, engages early with the lead
federal agency and supports CEQ for significant regulatory actions that require compliance with
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National Environmental Policy Act via an Environmental Impact Statement (EIS). In so doing,
EPA provides technical assistance, as needed, to help scope and develop the draft EIS,
recommending ways to avoid and minimize impacts to improve environmental outcomes.
Children's Health
The Administrator of EPA and the Secretary of DHHS co-chair the President's Task Force on
Environmental Health Risks and Safety Risks to Children. The Task Force comprises 17 federal
departments, agencies and White House offices. A senior staff steering committee, co-chaired by
the Director of EPA's Office of Children's Health Protection (OCHP), coordinates interagency
cooperation on Task Force priority areas, including lead, asthma disparities, climate change,
emergencies, and disasters. As part of this effort, OCHP coordinates with other agencies to
improve government-wide support in implementing children's health legislative mandates and
outreach, including providing children's environmental health expertise on interagency activities
and coordinating EPA expertise. OCHP also coordinates with ATSDR to support provision of
training and hands on consultations with doctors, nurses, and other medical professionals to
address issues of potential exposures of children to environmental contaminants, such as lead and
asthma triggers including mold and vermin. OCHP also works the Interagency Policy Council's
groups on Maternal Health and Child Development, as well as with other federal agencies to
address emerging risks to children's environmental health and supports federal interagency
information exchange and cooperation, such as on lead and wildfires. This work supports not only
Presidential Executive Order (EO) 13045: Protection of Children from Environmental Health
Risks and Safety Risks, but also addresses climate change and environmental justice under
Presidential EO 14008: Tackling the Climate Crisis at Home and Abroad.
Climate Adaptation and Resilience
Presidential EO 14008 on Tackling the Climate Crisis at Home and Abroad created the National
Climate Task Force which facilitates the organization and deployment of a government-wide
approach to combat the climate crisis. A key component of this is to increase resilience to the
impacts of climate change and to protect public health; conserve our lands, waters, oceans, and
biodiversity. EPA works with FEMA, DOT, DOI, NOAA, HUD, BIA, HHS, and many other
agencies to ensure our programs, infrastructure investments, remedies and communities are
resilient to the immediate and long-term impacts of the changing climate both within the task force
and through the full breadth of partnership EPA has with OF As. In June 2013, the White House
Council on Native American Affairs was established by EO. In June 2021, a subgroup on Tribal
Climate Adaptation was created, chaired by EPA, to enable a whole-of-government approach to
supporting tribes as they anticipate, prepare for, adapt to, and recover from the devastating impacts
of climate change. EPA participates in interagency efforts related to climate change and the
Nation's coasts. EPA is engaging the NIST's Climate Resiliency Program to share experiences,
expertise, and support areas of mutual interests.
Environmental Justice
Presidential EO 14008 on Tackling the Climate Crisis at Home and Abroad enhanced and
expanded several important means of interagency coordination and collaboration related to
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environmental justice. EO 14008 elevated the existing Interagency Working Group on
Environmental Justice, formerly chaired by EPA, to the White House Environmental Justice
Interagency Council (IAC), chaired by the CEQ. This executive order also established a White
House Environmental Justice Advisory Council (WHEJAC) to provide advice and
recommendations to the IAC and CEQ on environmental justice recommendations for the entirety
of the executive branch of the federal government. The IAC will be the primary venue for inter-
agency coordination of executive branch federal activities related to environmental justice.
Through the Justice40 Initiative, also mandated in EO 14008, the IAC will work to achieve the
goal that forty percent of federal benefits from certain federal programs flow to disadvantaged
communities and will publish an annual public performance scorecard on implementation by
federal agencies. The IAC will likewise coordinate recommendations on further updates to EO
12898 and provide leadership to interagency efforts to address current and historic environmental
injustices. As stipulated in EO 14008, EPA will provide all support necessary for administration
of the WHEJAC and is one of three agencies charged with providing support to CEQ for
administration of the IAC. EPA also will play a prominent membership role within the IAC as a
participating agency.
National Climate Task Force
The Administrator of EPA is a member of the National Climate Task Force. The Task Force shall
facilitate the organization and deployment of a Government-wide approach to combat the climate
crisis. This Task Force shall facilitate planning and implementation of key Federal actions to
reduce climate pollution; increase resilience to the impacts of climate change; protect public
health; conserve our lands, waters, oceans, and biodiversity; deliver environmental justice; and
spur well-paying union jobs and economic growth. As necessary and appropriate, members of the
Task Force will engage on these matters with state, local, tribal, and territorial governments;
workers and communities; and leaders across the various sectors of our economy.
Community Revitalization and Sustainable Communities
OP participates in several Interagency Working Groups (IWG) and Interagency Policy Committees
(IPC), including the Rural Prosperity IPC, Food Strategy IPC, and the Coal and Powerplant
Communities IWG. These interagency efforts support improving community outcomes on a range
of issues including climate resilience, economic transition, diversification, prosperity, and
environmental protection. These work groups have grown out of recent executive orders and policy
initiatives taken on by the Administration. OP works collaboratively with national program offices
and EPA regions to support their involvement in these interagency efforts so that the full range of
EPA equities are at the table and engaged to advance Administration priorities.
As part of the Coal and Power Communities Interagency Work group (IWG), OP is working
closely with the eleven other federal agencies to support coal, oil and gas, and power plant
communities to create good-paying union jobs, spur economic revitalization, remediate
environmental degradation, and support energy workers. OP is actively participating in the IWG's
working group activities, including community engagement, integration, policy, and investments.
OP also is supporting the efforts of the IWG by engaging with EPA's regional offices (particularly
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R3 and R5) as well as national programs to support the Administration's efforts to help coal and
power plant communities transition their economies.
The EPA Administrator co-chairs a new Extreme Heat IWG and OP's Associate Administrator is
co-leading the work group with colleagues from HHS and NOAA with over a dozen federal
agencies and White House participation. OP also is working alongside OAR and OEJ to contribute
knowledge and experience related to smart growth and green infrastructure on climate adaptation
approaches to help communities reduce the occurrence and impact of extreme heat (advancing
both climate adaptation and mitigation).
OP is working with EPA's Office of Air and Radiation, DOT, and DOE to explore interagency
approaches that advance the Administration's priorities and Presidential commitments on electric
vehicles. This work has a specific emphasis on helping communities distribute charging
infrastructure equitably, in low-income neighborhoods in both rural and urban areas.
OP has several inter-agency efforts on priority projects funded through the American Rescue Plan.
OP is working with DOT and HUD to ensure that infrastructure funding investments advance
communities' visions and priorities. OP also is working with federal partners to advance
community-level efforts to simultaneously advance community priorities climate goals. Both of
these projects model the application of a community-driven approach to efficiently advance
agencies' mission. They also demonstrate an effective way to advance the goals outlined in EO
14008 on addressing the climate crisis and environmental justice.
OP is the lead on EPA's Memorandum of Agreement with FEMA, which allows the two agencies
to work together to help communities become safer, healthier, and more resilient. The agencies
collaborate to help communities hit by disasters rebuild in ways that protect the environment,
create long-term economic prosperity, and enhance neighborhoods. FEMA and EPA also help
communities incorporate strategies, such as green infrastructure, into their hazard mitigation plans
and direct development away from vulnerable areas. EPA and FEMA are using the lessons they
learn from working together under this agreement and with other federal agencies to better
coordinate assistance to communities on hazard mitigation planning, climate adaptation actions,
and post-disaster recovery. OP coordinates closely with all 10 Regions and many National
Programs on this partnership.
OP is using an interagency agreement with GSA to update the Smart Location Calculator to give
the federal government more information to guide decisions about locating new federal
investments. GSA and EPA also are collaborating on development and technical assistance around
a new site selection support tool to help GSA and other federal agencies make decisions on where
to site new government facilities informed by the cost local and state governments would likely
incur to provide infrastructure and services. The tool will be based on known relationships between
the built environment and the cost to provide infrastructure for a site and related costs for operation
and maintenance over time. EPA also has historically coordinated with GSA on their Good
Neighbor Program by helping communities leverage major federal investments, such as
courthouses or ports of entry, to focus on downtown revitalization.
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OP has in the past and continues to coordinate with agencies and departments that work in
communities across the country. This has been through formal and semi-formal arrangements like
the HUD-DOT-EPA Partnership for Sustainable Communities (PSC) and Strong Cities, Strong
Communities (SC2). Further, OP has a number of Interagency Agreements (IA) and Memoranda
of Agreements to partner with other agencies on technical assistance in areas like disaster recovery,
capacity building at the community level, and economic revitalization that supports improved
environmental and human health results. Partnering agencies include and have included: USDA
(Rural Development, Forest Service, Agricultural Marketing Service), DOT, FEMA, GSA, HUD,
HHS, Appalachian Regional Commission, Northern Border Regional Commission, Delta Regional
Authority, and EDA. These agencies often participate in community workshops that OP offers
through technical assistance programs such as: Local Foods, Local Places, Building Blocks, and
Recreation Economy for Rural Communities.
Interagency Policy Committees
EPA participates in interagency groups and collaborates with federal partners on the
implementation of Executive Orders including EO 14017 on America's Supply Chains, Climate
Innovation, Climate and Economics, and the US-EU Summit on Trade and Technology Council.
EPA is working with NSC, NEC, CEQ, DOC, DOE, DOD, State, and other agencies on supply
chain issues associated with semiconductors, critical minerals, EV batteries, and other critical
materials. EPA also actively participates on the Federal Permitting Improvement Steering Council,
the White House Task Force on Worker Organizing and Empowerment and the Interagency Policy
Committee (IPC) on Workforce Development and the White House Gender Policy Council.
Interagency Council on Statistical Policy
The Interagency Council on Statistical Policy (ICSP) is the coordinating body for the Federal
Statistical System and plays a leading role in implementing the Evidence Act and advancing the
Federal Data Strategy. The ICSP sets strategic goals for modernizing agency statistical practices
and products and advances those goals through cross-agency collaborations on strategic initiatives.
EPA will continue to work with the ICSP to advance the Federal statistics and availability of robust
information to support evidence-based policy.
The Inspector General
Work with the Council of Inspectors General on Integrity and Efficiency (CIGIE)
EPA's Inspector General is a member of the Council of Inspectors General on Integrity and
Efficiency (CIGIE), an organization comprised of federal Inspectors General (IGs), GAO, and the
FBI. The CIGIE coordinates and improves the way IGs conduct audits, investigations, and internal
operations. The CIGIE also promotes joint projects of government-wide interest and reports
annually to the President on the collective performance of the IG community.
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Activity Coordination, Information Exchange, and Training
EPA's OIG coordinates criminal investigative activities with other law enforcement organizations
such as the FBI, Secret Service, and DOJ. In addition, the OIG participates with various inter-
governmental audit forums and professional associations to exchange information, share best
practices, and obtain or provide training. The OIG also promotes collaboration among EPA's
partners and stakeholders in its participation of disaster response and its outreach activities.
Collaborative Work with Inspectors General and Other Partners
EPA's OIG initiates and participates in collaborative audits, program evaluations, and
investigations with OIGs of agencies with an environmental mission such as the DOI, USD A, as
well as other federal, state, and local law enforcement agencies as prescribed by the IG Act, as
amended.
Statutory Duties
As required by the IG Act, EPA's OIG coordinates and shares information with the GAO. EPA's
OIG currently serves as the Inspector General of the U.S. Chemical Safety and Hazard
Investigations Board (CSB). EPA's OIG will continue to perform its duties with respect to the
CSB until otherwise directed.
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Environmental Protection Agency
Acronyms for Statutory Authority
The following is not an exhaustive list of [U. S.] statutory authorities but includes those commonly referred
to by acronym in this document.
ACE: Air, Climate, and Energy
ADA: Americans with Disabilities Act
ADEA: Age Discrimination in Employment Act
AEA: Atomic Energy Act, as amended, and Reorganization Plan #3
AHERA: Asbestos Hazard Emergency Response Act
AHPA: Archaeological and Historic Preservation Act
AIM: American Innovation and Manufacturing Act of 2019
APA: Administrative Procedures Act
ARP: American Rescue Plan
ARRA: American Recovery and Reinvestment Act
ASHAA: Asbestos in Schools Hazard Abatement Act
ASTCA: Antarctic Science, Tourism, and Conservation Act
AWIA: America's Water Infrastructure Act of 2018
BEACH Act of 2000: Beaches Environmental Assessment and Coastal Health Act
BRERA: Brownfields Revitalization and Environmental Restoration Act
BUILD Act: Brownfields Utilization, Investment, and Local Development Act
CAA: Clean Air Act
CAAA: Clean Air Act Amendments (1970 and 1990)
CARES: Coronavirus Aid, Relief, and Economic Security Act
CCA: dinger Cohen Act
CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act (1980)
CFOA: Chief Financial Officers Act
CICA: Competition in Contracting Act
CRA: Civil Rights Act
CSA: Computer Security Act
CWA: Clean Water Act (1972)
CWPPR: Coastal Wetlands Planning, Protection, and Restoration Act of 1990
CZARA: Coastal Zone Act Reauthorization Amendments
1064
-------
CZMA: Coastal Zone Management Act
DERA: Diesel Emissions Reduction Act
DPA: Deepwater Ports Act
DREAA: Disaster Relief and Emergency Assistance Act
DWWIA: Drinking Water and Wastewater Infrastructure Act of 2021
ECRA: Economic Cleanup Responsibility Act
EFOIA: Electronic Freedom of Information Act
EISA: Energy Independence and Security Act of 2007
EO: Executive Order
EPAct: Energy Policy Act of 2005
EPAA: Environmental Programs Assistance Act
EPCA: Energy Policy and Conservation Act
EPCRA: Emergency Planning and Community Right to Know Act (1986)
ERDDAA: Environmental Research, Development and Demonstration Authorization Act
ESA: Endangered Species Act
ESECA: Energy Supply and Environmental Coordination Act
FACA: Federal Advisory Committee Act
FAIR: Federal Activities Inventory Reform Act
FASA: Federal Acquisition Streamlining Act (1994)
FCMA: Fishery Conservation and Management Act
FEPCA: Federal Environmental Pesticide Control Act of 1972, enacted as amendments to FIFRA
FFATA: Federal Funding Accountability and Transparency Act of 2006
FFDCA: Federal Food, Drug, and Cosmetic Act
FFMIA: Federal Financial Management Improvement Act of 1996
FGCAA: Federal Grant and Cooperative Agreement Act
FIFRA: Federal Insecticide, Fungicide, and Rodenticide Act (1972)
FISMA: Federal Information Security Modernization Act
FITARA: Federal Information Technology Acquisition Reform Act
FLPMA: Federal Land Policy and Management Act
FMFIA: Federal Managers' Financial Integrity Act (1982)
FOIA: Freedom of Information Act
FPA: Federal Pesticide Act
FPAS: Federal Property and Administration Services Act
1065
-------
FQPA: Food Quality Protection Act (1996)
FRA: Federal Register Act
FSA: Food Security Act
FSMA: Food Safety Modernization Act
FTTA: Federal Technology Transfer Act
FUA: Fuel Use Act
FWCA: Fish and Wildlife Coordination Act
FWPCA: Federal Water Pollution and Control Act (also known as the Clean Water Act [CWA])
GISRA: Government Information Security Reform Act
GMRA: Government Management Reform Act
GPRA: Government Performance and Results Act (1993)
GPRAMA: Government Performance and Results Modernization Act of 2010
HMTA: Hazardous Materials Transportation Act
HSWA: Hazardous and Solid Waste Amendments of 1984, enacted as amendments to RCRA
IGA: Inspector General Act
IIJA: Infrastructure Investment and Jobs Act
IPA: Intergovernmental Personnel Act
IPIA: Improper Payments Information Act
ISTEA: Intermodal Surface Transportation Efficiency Act
IT: Information Technology
ITMRA: Information Technology Management Reform Act of 1996-aka Clinger/Cohen Act
MCRBMA: Mercury-Containing and Rechargeable Battery Management Act
MGT: Modernizing Government Technology Act
MPPRCA: Marine Plastic Pollution, Research and Control Act of 1987
MPRSA: Marine Protection Research and Sanctuaries Act
NAWCA: North American Wetlands Conservation Act
NEEA: National Environmental Education Act
NEPA: National Environmental Policy Act
NHPA: National Historic Preservation Act
NISA: National Invasive Species Act of 1996
ODA: Ocean Dumping Act
OPA: Oil Pollution Act of 1990
OWBPA: Older Workers Benefit Protection Act
1066
-------
PBA: Public Building Act
PFCRA: Program Fraud Civil Remedies Act
PHSA: Public Health Service Act
PLIRRA: Pollution Liability Insurance and Risk Retention Act
PPA: Pollution Prevention Act
PR: Privacy Act of 1974
PRA: Paperwork Reduction Act
PREA: Pesticide Registration Extension Act of 2012 (also known as PRIA 3)
PRIA: Pesticide Registration Improvement Act of 2003
PRIA 4: Pesticide Registration Improvement Extension Act of 2018
PRIRA: Pesticide Registration Improvement Renewal Act
QCA: Quiet Communities Act
RCRA: Resource Conservation and Recovery Act of 1976, enacted as amendments to SWDA
RFA: Regulatory Flexibility Act
RICO: Racketeer Influenced and Corrupt Organizations Act
RLBPHRA: Residential Lead-Based Paint Hazard Reduction Act
SARA: Superfund Amendments and Reauthorization Act of 1986
SBLRBRERA: Small Business Liability Relief and Brownfields Revitalization and
Environmental Restoration Act
SBREFA: Small Business Regulatory Enforcement Fairness Act of 1996
SDWA: Safe Drinking Water Act
SICEA: Steel Industry Compliance Extension Act
SMCRA: Surface Mining Control and Reclamation Act
SOS 2.0: Save Our Seas Act 2.0
SPA: Shore Protection Act of 1988
SWDA: Solid Waste Disposal Act
TSCA: Toxic Substances Control Act
UMRA: Unfunded Mandates Reform Act
UMTRLWA: Uranium Mill Tailings Radiation Land Withdrawal Act
USMCA: United States-Mexico-Canada Agreement Implementation Act
USTCA: Underground Storage Tank Compliance Act
VIDA: Vessel Incidental Discharge Act
WIFIA: Water Infrastructure Finance and Innovation Act
1067
-------
WIIN: Water Infrastructure Improvements for the Nation Act
WQA: Water Quality Act of 1987
WRDA: Water Resources Development Act
WSRA: Wild and Scenic Rivers Act
WWWQA: Wet Weather Water Quality Act of 2000
1068
-------
Making Litigation Costs Transparent- Equal Access for Justice Act (EAJA)7
FY 2021
Date of
final fee
agreement
or court
disposition
Case Name
Court
Case
Number
Judge
Amount
of Fees
and/or
Costs
Paid
Source of
Funds
Was
amount
negotiated
or court
ordered?
Recipients
Nature of Case and Findings
Basis
Hourly
Rate of
Attorney8
Hourly
Rate of
Expert
Witness
8/13/2021
Californians
for Renewable
Energy, etal.
v.EPA
U.S.
District
Court for
the
Northern
District of
California
Oakland
Division
4:15-cv-
03292-
SBA
Judge
SaundraB.
Armstrong
$850,000
EPA
Appropriations
Negotiated
Earthjustice
Five claims of unreasonable
delay/agency action unlawfully
withheld for failure to meet the
regulatory deadline and one claim
alleging a pattern and practice of
unreasonable delay/agency action
unlawfully withheld under
§706(1) of the Administrative
Procedures Act (APA). Failure to
meet regulatory deadline found to
be unreasonable delay/agency
action unlawfully withheld.
N/A
None
7/26/2021
Physicians for
Social
Responsibility,
et al. v. EPA
U.S.
District
Court for
the District
of
Columbia
l:17-cv-
02742
Judge
Trevor N.
McFadden
$126,916
EPA
Appropriations
Negotiated
Earthjustice
Plaintiffs' claimed that the
Administrator's October 31, 2017
Directive banning EPA grant
recipients from serving on EPA
advisory committees is arbitrary
and capricious and violates
uniform federal ethics
requirements issued by the Office
of Government Ethics, FACA,
and EPA statutes defining
membership requirements on
EPA federal advisory committees.
Directive: (1) is reviewable under
the APA because FACA's
implementing regulations provide
N/A
None
7 In the FY 2019 Explanatory Statement accompanying the Consolidated Appropriations Act, 2019 (P.L. 116-6), the House and Senate Committees on Appropriations requested Department of
Interior, EPA, and the Forest Service make publicly available the EAJA fee information as specified in the explanatory statement accompanying Division G of the Consolidated Appropriations Act,
2017 (P.L. 115-31).
8 In prior reports, EPA included the hourly rates used in the plaintiffs' fee requests. However, EPA has concluded that it is not accurate to link rates from initial fee applications to the lump-sum
amounts when final EAJA fees are the result of negotiated settlements (as is the case with all of the entries in this spreadsheet). In those situations, it is not possible to determine the hourly rates
implicated in the final EAJA payments.
1069
-------
Date of
final fee
agreement
or court
disposition
Case Name
Court
Case
Number
Judge
Amount
of Fees
and/or
Costs
Paid
Source of
Funds
Was
amount
negotiated
or court
ordered?
Recipients
Nature of Case and Findings
Basis
Hourly
Rate of
Attorney8
Hourly
Rate of
Expert
Witness
law to apply; (2) is not contrary to
law merely because it differs from
the OGE uniform federal ethics
regulations; (3) is arbitrary and
capricious because it did not
provide a reasoned explanation
for EPA's change in policy; and
(4) is a supplemental agency
ethics regulation and therefore
should have undergone the
supplementation process outlined
in the OGE regulations.
8/30/2021
Sierra Club v.
Pirzadeh
United
States
District
Court,
Western
District of
Washington
2:ll-cv-
01759
Judge
Barbara J.
Rothstein
$89,950
EPA
Appropriations
Negotiated
Sierra Club
and Center
for
Environme
ntal Law
and Policy
Alleging arbitrary and capricious
action in consideration of whether
"constructive submission" had
occurred with respect to a TMDL
for PCBs in the Spokane River.
Matter remanded to EPA with
instructions to develop a plan and
schedule for development of a
TMDL.
N/A
None
7/30/2021
San Francisco
Baykeeper, et
al. v. EPA, et
al.
U.S.
District
Court for
the
Northern
District of
California
3:19-cv-
05941
Judge
William H.
Alsup
$416,913
EPA
Appropriations
Negotiated
Cotchett,
Pitre &
McCarthy,
LLP
Plaintiffs challenged EPA's
special-case Clean Water Act
jurisdictional determination dated
March 1,2019, for the Redwood
City Salt Plant site as arbitrary,
capricious, or contrary to law
under the Administrative
Procedure Act. Plaintiffs brought
a single claim for relief,
challenging EPA's negative
jurisdictional determination under
the Clean Water Act for the
Redwood City salt ponds and
asking this Court to vacate and set
aside that decision. The district
Court granted Plaintiffs' motion
for summary judgment on that
claim and denied EPA and
intervenors' motion. In ruling for
Plaintiffs, this Court held that
EPA had erroneously applied the
N/A
None
1070
-------
Date of
final fee
agreement
or court
disposition
Case Name
Court
Case
Number
Judge
Amount
of Fees
and/or
Costs
Paid
Source of
Funds
Was
amount
negotiated
or court
ordered?
Recipients
Nature of Case and Findings
Basis
Hourly
Rate of
Attorney8
Hourly
Rate of
Expert
Witness
law and vacated and remanded the
jurisdictional determination.
7/30/2021
San Francisco
Baykeeper, et
al. v. EPA, et
al.
U.S.
District
Court for
the
Northern
District of
California
3:19-cv-
05941
Judge
William H.
Alsup
$214,980
EPA
Appropriations
Negotiated
Earthrise
Law Center
Plaintiffs challenged EPA's
special-case Clean Water Act
jurisdictional determination dated
March 1,2019, for the Redwood
City Salt Plant site as arbitrary,
capricious, or contrary to law
under the Administrative
Procedure Act. Plaintiffs brought
a single claim for relief,
challenging EPA's negative
jurisdictional determination under
the Clean Water Act for the
Redwood City salt ponds and
asking this Court to vacate and set
aside that decision. The district
Court granted Plaintiffs' motion
for summary judgment on that
claim and denied EPA and
intervenors' motion. In ruling for
Plaintiffs, this Court held that
EPA had erroneously applied the
law and vacated and remanded the
jurisdictional determination.
N/A
None
7/30/2021
San Francisco
Baykeeper, et
al. v. EPA, et
al.
U.S.
District
Court for
the
Northern
District of
California
3:19-cv-
05941
Judge
William H.
Alsup
$64,400
EPA
Appropriations
Negotiated
San
Francisco
Baykeeper
Plaintiffs challenged EPA's
special-case Clean Water Act
jurisdictional determination dated
March 1,2019, for the Redwood
City Salt Plant site as arbitrary,
capricious, or contrary to law
under the Administrative
Procedure Act. Plaintiffs brought
a single claim for relief,
challenging EPA's negative
jurisdictional determination under
the Clean Water Act for the
Redwood City salt ponds and
asking this Court to vacate and set
aside that decision. The district
Court granted Plaintiffs' motion
for summary judgment on that
claim and denied EPA and
N/A
None
1071
-------
Date of
final fee
agreement
or court
disposition
Case Name
Court
Case
Number
Judge
Amount
of Fees
and/or
Costs
Paid
Source of
Funds
Was
amount
negotiated
or court
ordered?
Recipients
Nature of Case and Findings
Basis
Hourly
Rate of
Attorney8
Hourly
Rate of
Expert
Witness
intervenors' motion. In ruling for
Plaintiffs, this Court held that
EPA had erroneously applied the
law and vacated and remanded the
jurisdictional determination.
2/24/2021
Friends of
Animals v.
Pruitt, etal.
U.S.
District
Court for
the District
of Oregon
Pendleton
Division
2:17-cv-
01410
Magistrate
Judge
Patricia
Sullivan
$87,000
EPA
Appropriations
Negotiated
Friends of
Animals
Plaintiffs challenged EPA's 2016
denial of their 2015 petition to
initiate special review for a horse
contraceptive pesticide product
(Zona-Stat-H), as arbitrary and
capricious. The court found that
EPA's petition denial was
arbitrary and capricious in that it
did not adequately respond to
Plaintiffs allegations based on 40
CFR 154.7(a)(6), which permits
SR if the pesticide "[m]ay
otherwise pose a risk to humans
or to the environment which is of
sufficient magnitude to merit"
SR. The court also found it
impermissible for EPA to defer to
wild horse managers to determine
whether and when to use Zona-
Stat-H as a basis for considering
the criteria in 40 CFR 154.7(a)(6),
and remanded the case back to
EPA.
N/A
None
1072
-------
FY 2023 Congressional Justification Estimated Resources and FTE for Environmental Justice Program1
Dollar in Thousands
Appropriation
Program Activities
FY 2023 CJ
Estimated
Resources2
FY 2023 CJ
Estimated FTE
EPM
HQ Enviromnental Justice (EJ) Program Management
and Coordination3
$101,537.0
92.3
EPM
EJSCREEN
$5,900.0
4.0
EPM
White House (WH) EJ Inter-Agency Council (formerly
EJ IWG) Support and EJ coordination with Other
Federal Agencies
$3,000.0
3.0
EPM
National EJ Advisory Council/WHEJ Advisory
Council Support, and Climate EJ Advisory Council
$4,000.0
5.0
EPM
Enviromnental Justice Competitive Grant Program4
$50,000.0
5.0
EPM
Enviromnental Justice Community Grant Program5
$25,000.0
3.0
EPM
Enviromnental Justice State Grant Program
$25,000.0
3.0
EPM
Tribal Enviromnental Justice Grant Program
$25,000.0
3.0
EPM
Coimnunity-based Participatory Research Grant
Program
$15,000.0
2.0
EPM
Enviromnental Justice Training Program
$10,000.0
3.0
EPM
Enviromnental Justice Clearinghouse
$5,000.0
3.0
EPM
Enviromnental Justice Legal Support
$4,000.0
3.0
EPM
Regional Outreach Centers
$10,000.0
12.0
EPM
Regional Resources for Enviromnental Justice Program
$11,501.0
65.1
Subtotal of EPM Environmental Justice Resources and FTE
$29-1,938.0
206.4
Superfund
Superfund Enviromnental Justice Program
Coordination
$5,876.0
5.5
Subtotal of Superfund Environmental Justice Resources and FTE
$5,876.0
5.5
Total FY 2023 CJ Estimated Resources and FTE for Environmental
Justice Program
$300,814.0
211.9
1 The Explanatory Statement accompanying the Consolidated Appropriations Act, 2021 instructs EPA to provide "allocations
for each component of funding for enviromnental justice programs". Please see page 228:
lUtDs://\vww. aovinfo. aoy/contcnt/ok a/CREC-2020-12-2 l/Dd(7CREC-2020-12-2 l-housc-bk4.pdr.
Estimated program activity resources include both payroll and non-payroll resources.
3The former Agency Technical Assistance, Research, Training, Education, and Communication program activity has been
incorporated into the HQ Enviromnental Justice (EJ) Program Management and Coordination program activity.
4The Enviromnental Justice Collaborative Problem-Solving Cooperative Agreements lias been renamed as the Enviromnental
Justice Competitive Grant Program.
5The Enviromnental Justice Small Grants has been renamed as the Enviromnental Justice Community Grant Program.
1073
-------
EPA Budget by National Program Manager and Major Office
Dollars in Thousands
FY 2023 President's Budget
Pay ($l<) Non-Pay ($l<) Total ($l<) FTE
NPM Major Office
OA
Immediate Office
$7,687
$6,431
$14,118
46.5
Office of Congressional and Intergovernmental Relations
$8,174
$902
$9,076
44.2
Office of Public Affairs
$5,803
$322
$6,124
30.5
Office of Public Engagement
$1,201
$83
$1,284
8.0
Office of Policy
$29,121
$22,999
$52,120
160.1
Children's Health Protection
$2,678
$2,454
$5,131
13.1
Environmental Education
$970
$7,055
$8,024
5.2
Office of Civil Rights
$3,433
$473
$3,906
20.9
Executive Secretariat
$3,915
$149
$4,064
20.1
Executive Services
$3,041
$318
$3,359
14.9
Homeland Security
$2,546
$508
$3,054
12.3
Science Advisory Board
$3,294
$736
$4,030
18.7
Small and Disadvantaged Business Utilization
$2,027
$1,118
$3,145
9.7
Regional Resources
$46,658
$24,413
$71,071
259.9
OA TOTAL
$120,547
$67,960
$188,507
664.1
OEJ
Immediate Office
$476
$1,220
$1,696
1.0
Environmental Justice
$21,465
$264,137
$285,602
133.8
Civil Rights Compliance
$5,945
$2,100
$8,045
31.9
Regional Resources
$20,750
$2,144
$22,894
122.9
OEJ TOTAL
$48,636
$269,601
$318,237
289.6
OAR
Immediate Office
$10,878
$217,431
$228,309
57.7
Office of Air Quality Planning and Standards
$73,048
$176,467
$249,516
411.0
Office of Atmospheric Programs
$49,562
$119,058
$168,620
272.4
Office of Transportation and Air Quality
$72,380
$236,951
$309,331
380.3
Office of Radiation and Indoor Air
$35,469
$22,260
$57,729
195.4
Regional Resources
$118,163
$195,783
$313,946
676.4
OAR TOTAL
$359,501
$967,951
$1,327,452
1,993.2
OCFO
Immediate Office
$2,041
$5,026
$7,067
11.0
Office of Budget
$7,884
$2,526
$10,410
43.0
Office of Planning, Analysis and Accountability
$4,638
$295
$4,933
25.5
Office of Technology Solutions
$9,350
$25,209
$34,559
50.5
Office of Resource and Information Management
$2,690
$5,254
$7,944
14.8
Office of the Controller
$25,471
$2,109
$27,580
135.4
OCFO eEnterprise
$1,211
$549
$1,761
5.0
Office of Continuous Improvement
$2,241
$451
$2,692
10.0
Regional Resources
$34,820
$2,267
$37,087
206.3
OCFO TOTAL
$90,346
$43,687
$134,033
501.5
OCSPP
Immediate Office
$2,402
$1,227
$3,628
12.0
Office of Pesticide Programs
$63,479
$26,576
$90,055
349.0
Office of Pollution Prevention and Toxics
$82,893
$53,861
$136,754
495.5
Office of Program Support
$35,604
$3,271
$38,875
183.0
Regional Resources
$25,090
$44,868
$69,958
151.8
OCSPP TOTAL
$209,467
$129,803
$339,270
1,191.3
1074
-------
FY 2023 President's Budget
Pay ($l<) Non-Pay ($l<) Total ($l<) FTE
NPM Major Office
OECA
Immediate Office
$7,117
$2,957
$10,074
42.9
Office of Civil Enforcement
$27,271
$23,441
$50,713
131.2
Office of Criminal Enforcement, Forensics, and Training
$70,736
$10,698
$81,434
336.1
Office of Compliance
$22,897
$57,172
$80,069
120.2
Federal Facilities Enforcement Office
$2,967
$1,257
$4,224
15.4
Office of Site Remediation Enforcement
$14,301
$23,139
$37,440
70.5
Regional Resources
$320,116
$58,576
$378,692
1,844.4
OECA TOTAL
$465,406
$177,240
$642,646
2,560.7
OGC
Immediate Office
$3,920
$81
$4,001
17.2
Air and Radiation Law Office
$11,769
$23
$11,792
48.0
Pesticides and Toxic Substances Law Office
$4,710
$16
$4,726
22.5
Solid Waste and Emergency Response Law Office
$5,438
$218
$5,656
23.0
Water Law Office
$5,889
$143
$6,032
24.0
Civil Rights - Title VI
$0
$0
$0
0.0
Other Legal Support
$20,317
$10,877
$31,194
93.5
Regional Resources
$35,166
$762
$35,928
159.9
OGC TOTAL
$87,209
$12,120
$99,329
388.1
OIG
Immediate Office
$836
$197
$1,033
5.0
Office of Chief of Staff
$2,640
$623
$3,263
16.0
Office of Counsel
$4,014
$948
$4,962
24.0
Office of Management
$6,874
$1,623
$8,497
41.0
Office of Audit
$21,271
$4,973
$26,243
113.0
Office of Evaluations
$9,514
$2,246
$11,760
43.0
Office of Investigations
$9,844
$2,324
$12,168
59.0
OIG TOTAL
$54,992
$12,935
$67,927
301.0
OITA
Immediate Office
$973
$142
$1,115
5.0
Office of International Affairs
$8,732
$5,930
$14,662
44.0
Office of Management and International Services
$2,494
$779
$3,273
12.8
American Indian Environmental Office
$3,741
$619
$4,360
19.3
Regional Resources
$13,421
$85,776
$99,197
78.6
OITA TOTAL
$29,361
$93,246
$122,607
159.7
OLEM
Immediate Office
$8,730
$5,181
$13,911
40.8
Federal Facilities Restoration and Reuse Office
$3,188
$7,405
$10,593
16.2
Office of Communication, Partnership, and Analysis
$2,538
$1,555
$4,093
13.8
Office of Superfund Remediation and Technology Innovation
$27,393
$116,276
$143,669
144.3
Office of Resource Conservation and Recovery
$27,085
$30,768
$57,853
147.0
Office of Underground Storage Tanks
$4,055
$3,175
$7,229
22.6
Office of Brownfields and Land Revitalization
$2,939
$13,215
$16,154
16.6
Office of Emergency Management
$14,301
$41,542
$55,842
72.8
Office of Mountains, Deserts, and Plains
$886
$0
$886
4.0
Regional Resources
$303,822
$704,320
$1,008,142
1,738.0
OLEM TOTAL
$394,937
$923,437
$1,318,374
2,216.1
1075
-------
FY 2023 President's Budget
Pay ($l<) Non-Pay ($l<) Total ($l<) FTE
NPM Major Office
OMS
Immediate Office
$15,797
$57,760
$73,558
89.6
Environmental Appeals Board
$3,375
$163
$3,538
15.0
Administrative Law Judges
$2,239
$161
$2,400
11.0
Office of Human Resources
$30,465
$9,240
$39,705
153.7
OARM - Research Triangle Park
$15,742
$27,324
$43,066
100.0
Office of Grants and Debarment
$15,948
$4,317
$20,265
87.0
OARM - Cincinnati
$10,960
$8,505
$19,464
70.0
Office of Administration
$21,878
$351,961
$373,840
97.5
Office of Acquisition Solutions
$43,926
$6,647
$50,573
248.1
Office of Enterprise Information Programs
$7,973
$7,867
$15,841
40.1
Office of Information Management
$11,543
$33,472
$45,015
58.7
Office of Digital Services & Technical Architecture
$4,437
$1,655
$6,093
23.0
Office of Customer Advocacy, Policy & Portfolio Management
$5,827
$2,076
$7,903
31.0
Office of Information Security & Privacy
$3,566
$27,955
$31,522
18.1
Office of Information Technology Operations
$2,036
$12,189
$14,225
9.7
Regional Resources
$91,785
$52,587
$144,372
508.3
OMS TOTAL
$287,499
$603,880
$891,379
1,560.8
ORD
ORD Headquarters
$45,922
$74,230
$120,152
256.2
Center for Computational Toxicology & Exposure
$46,701
$35,725
$82,425
261.6
Center for Environmental Measurements & Modeling
$70,850
$47,962
$118,811
394.9
Center for Public Health & Environmental Assessment
$71,944
$44,423
$116,367
397.5
Center for Environmental Solutions & Emergency
$46,251
$38,505
$84,756
259.5
Office of Science Advisor, Policy and Engagement
$13,016
$51,572
$64,588
72.6
Regional Resources
$34,904
$21,990
$56,894
209.5
ORD TOTAL
$329,587
$314,406
$643,993
1,851.8
OW
Immediate Office
$13,000
$11,839
$24,839
64.8
Office of Ground Water and Drinking Water
$41,520
$234,418
$275,938
228.8
Office of Science and Technology
$25,002
$43,418
$68,421
127.6
Office of Wastewater Management
$38,724
$647,099
$685,823
213.6
Office of Wetlands, Oceans and Watersheds
$22,433
$63,286
$85,719
116.3
Regional Resources
$220,842
$4,425,505
$4,646,347
1,309.6
OW TOTAL
$361,522
$5,425,565
$5,787,087
2,060.7
Subtotal Agency Resources
$2,839,010
$9,041,831
$11,880,841
15,738.6
Less Rescission of Prior Year Funds
$0
$0
$0
0.0
Reimbursable FTE
465.5
Total Agency Resources
$2,839,010 $9,041,831 $11,880,841 16,204.1
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EPA User Fee Programs
In FY 2023, EPA will have several user fee programs in operation. These user fee programs and
proposals are referenced below. EPA will continue to review whether fees should be assessed for
programs that provide special benefits to recipients beyond those that accrue to the general public,
in accordance with OMB Circular A-25.
Current Fees: Pesticides
Fee collection authority exists under the Federal Insecticide, Fungicide, and Rodenticide Act of
1988, as amended by the Pesticide Registration Improvement Extension Act of 2018 (P. L. 116-8)
("PRIA-4"), which was passed in March 2019. PRIA-4 reauthorizes these fee authorities through
Fiscal Year 2023 and adjusts fee amounts for certain registration activities.
• Pesticides Maintenance Fee (7 U.S.C. §136a-l(i))
The Maintenance Fee provides funding for the registration review programs and a certain
percentage supports the processing of applications involving inert ingredients and expedited
processing of some applications, such as fast track amendments. PRIA-4 reauthorizes collection
of this fee through FY 2023 and raises the collection target by $3.2 million to an average collection
of $31 million over five years of PRIA-4 authorization.
• Enhanced Registration Services (7 U.S.C. §136w-8(b))
Entities seeking to register pesticides for use in the United States pay a fee at the time the
registration action request is submitted to EPA, setting specific timeframes for the registration
decision service. This process has introduced new pesticides to the market more quickly. PRIA-4
reauthorizes collection of these fees through FY 2023 and adjusts fee amounts for certain types of
registrations. In FY 2023, EPA expects to collect approximately $20 million from this fee program.
Current Fees: Other
• Clean Air Part 71 Operating Permits Program
Title 40 CFR Part 71 § 71.9 authorizes and establishes requirements for the Clean Air Part 71
program - a comprehensive Federal air quality operating permit program for air pollution control
agencies that do not have a delegated Title V program on charging and collecting user fees, as
required by Section 502(b)(3) of the Clean Air Act. All sources subject to the operating permit
requirements of Title V shall have a permit to operate that assures compliance with all applicable
requirements. The owners or operators shall pay annual fees that are sufficient to cover the permit
program costs, in accordance with the procedures described in this section.
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• Service Fees for the Administration of the Toxic Substances Control Act (TSCA Fees
Rule)
On June 22, 2016, the "Frank R. Lautenberg Chemical Safety for the 21st Century Act" (P.L. 114-
182) was signed into law, amending numerous sections of TSCA, including providing authority
for the establishment of a new, broader TSCA User Fee program that replaces and expands the
former Section 5 Pre-Manufacturing Notification Fee. 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 14.9 Fees are charged for: issuance of Test Orders, Test Rules and Enforceable Consent
Agreements under TSCA Section 4; submission of Pre-Manufacturing Notices, Significant New
Use Notices and Microbial Commercial Activity Notices and certain submissions for exemptions
under TSCA Section 5; and development of EPA-Initiated Risk Evaluations and Manufacturer-
Requested Risk Evaluations (MRREs) under TSCA Section 6.
EPA promulgated the TSCA User Fee Rule in October 201810 and collected $2.79 million in fee
revenue in FY 2019 from Section 5 submissions. In FY 2020, the Agency collected $3.09 million
in fee revenue from Section 5 submissions as well as $2.5 million from two Section 6 MRREs for
chemicals within the TSCA Work Plan (Di-isodecyl Phthalate [DIDP] and Diisononyl Phthalate
[DINP]). In FY 2021, the Agency 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 (Octamethylcyclotetrasiloxane [D4]). (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.) 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 early FY 2022. EPA expects to collect approximately $5.0 million in
FY 2022 ($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) and $4.65 million in FY 2023
($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 $1.25 million if the MRRE
request is granted), all subject to potential fee level changes. EPA will allocate FY 2021 Section 6
collections over the risk evaluation lifecycle (3-3.5 years). TSCA requires EPA to update the Fees
every three years.11 Fees collected/projected to be collected in FY 2019 through FY 2021 equated
to approximately 14 percent of associated expenditures for those three fiscal years, below the 25
percent target. EPA proposed revisions to the fee rule in December 2020, but plans to re-propose
in light of public comments.
• Motor Vehicle and Engine Compliance Program Fee
This fee is authorized by the Clean Air Act of 1990 and is administered by the Office of
Transportation and Air Quality. Fee collections for manufacturers of light-duty vehicles, light- and
heavy-duty trucks, and motorcycles began in August 1992. In 2004, EPA promulgated a rule that
updated existing fees and established fees for newly regulated vehicles and engines. The fees
established for new compliance programs are paid by manufacturers of heavy-duty and nonroad
9 TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Section 26(b)(1) and (4)
10 https://www.epa.gov/tsca-fees/fees-aclmiiiistration-toxic-substances-control-act
11 https://www.epa.gov/tsca-fees/fees-adiiiiiiistratioii-toxic-substaiices-coiitrol-act
1078
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vehicles and engines, including large diesel and gas equipment (earthmovers, tractors, forklifts,
compressors, etc.), handheld and non-handheld utility engines (chainsaws, weed-whackers, leaf-
blowers, lawnmowers, tillers, etc.), marine (boat motors, watercraft, jet-skis), locomotive, aircraft
and recreational vehicles (off-road motorcycles, all-terrain vehicles, snowmobiles) for in-use
testing and certification. In 2009, EPA added fees for evaporative emissions requirements for
nonroad engines. EPA intends to apply certification fees to additional industry sectors as new
programs are developed. In FY 2023, EPA expects to collect approximately $23.7 million from
this fee program based upon a projection of the original rulemaking cost study adjusted for
inflation.
• Hazardous Waste Electronic Manifest
The Hazardous Waste Electronic Manifest Establishment Act (P. L. 112-195) provides EPA with
the authority to establish a program to finance, develop, and operate a system for the electronic
submission of hazardous waste manifests supported by user fees. In accordance with the Act, EPA
established the e-Manifest program. EPA finalized the user fee rule, Hazardous Waste
Management System: User Fees for the Electronic Hazardous Waste Manifest System and
Amendments to Manifest Regulations, in December 2017, and the e-Manifest system launched in
June 2018.
In FY 2023, EPA will continue to operate the e-Manifest system and the Agency anticipates
collecting and depositing approximately $26.6 million in e-Manifest user fees into the Hazardous
Waste Electronic Manifest System Fund. Based upon authority to collect and spend e-Manifest
fees provided by Congress in annual appropriations bills, the fees will fully support the e-Manifest
program, including the operation of the system, necessary program expenses, and future
development costs.
• Water Infrastructure Finance and Innovation Program Account (WIFIA) Program Fees
The FY 2023 Budget requests authorization for the Administrator to collect and obligate fees
established in accordance with Title V, Subtitle C, Sections 5029 and 5030 of Public Law 113-
121, the Water Resources Reform and Development Act of 2014. These funds shall be deposited
in the Water Infrastructure Finance and Innovation Program Account (WIFIA) and remain
available until expended. WIFIA fee regulations were first promulgated in FY 2017. Fee revenue
will be used for the cost of contracting with expert services such as financial advisory, legal
advisory, and engineering firms.
The requested WIFIA program fee expenditure authority would be in addition to the $8 million
request for administrative and operations expenses. Fee revenue does not take the place of the
request for WIFIA administration. The appropriated administrative level and the anticipated fee
revenue are both needed to successfully implement the WIFIA program. In FY 2023, EPA
estimates that $10 million in WIFIA fees could be collected.
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Fee Proposals: Other
• FIFRA and PRIA Fee Spending Restrictions
Current statutory language in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
and Pesticide Registration Improvement Act (PRIA) restricts what activities EPA can fund
from collections deposited in the Reregi strati on and Expedited Processing Revolving Fund and
Pesticide Registration Fund. The FY 2023 request carries forward the proposed statutory
language from the FY 2022 President's Budget to expand the range of activities that may be
funded with these fees. Language for pesticide registration service fees is included in the
proposed Administrative Provisions; since pesticide maintenance fees are mandatory, separate
language has been prepared for those fees that will be transmitted at a later date.
1080
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Expected Benefits of E-Government Initiatives
eRulemaking
The eRulemaking Line of Business is designed to: enhance public access and participation in the
regulatory process through electronic systems; reduce the burden on citizens and businesses in
finding relevant regulations and commenting on proposed rulemaking actions; consolidate
redundant docket systems; and improve agency regulatory processes and the timeliness of
regulatory decisions. EPA has served as the managing partner for this Line of Business; however,
in FY 2020, EPA transferred management services to the General Services Administration (GSA).
EPA continues to be involved as a partner agency.
Fiscal Year
Account Code
EPA Service Fee
(in thousands)
2021
020-99-99-99-99-0060-24
$1,063.0
2022
020-99-99-99-99-0060-24
$1,330.0
2023
020-99-99-99-99-0060-24
$1,380.0
Geospatial Line of Business
The Geospatial Line of Business is an intergovernmental project to improve the ability of the
public and government to use geospatial information to support the business of government and
facilitate decision-making. This initiative reduces costs and improves agency operations in several
areas.
With the implementation of the National Spatial Data Infrastructure Strategic Plan, the geospatial
data sets known as National Geospatial Data Assets (NDGA) and associated analytical services
have become available on the National Geospatial Platform. These additional datasets and services
are easily accessible by federal agencies, their partners, and stakeholders. EPA uses the National
Geospatial Platform to obtain data and services for internal analytical purposes as well as to publish
outward-facing geospatial capabilities to the public.
While the Department of the Interior is the managing partner, EPA is a leader in developing the
vision and operational plans for the implementation of the Geospatial Data Act as well as OMB
guidance on Coordination of Geographic Information and Related Spatial Data Activities and the
National Geospatial Platform which incorporates many national geospatial data and analytical
services for federal agencies, their partners, and stakeholders. EPA is expected to contribute to the
operation of the National Geospatial Platform in FY 2023. The intent is to reduce base costs by
providing an opportunity for EPA and other agencies to share approaches on procurement
consolidation and include shared services for hosting geospatial data, services, and applications.
1081
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Fiscal Year
Account Code
EPA Contribution
(in thousands)
2021
020-99-99-99-99-3100-24
$225.0
2022
020-99-99-99-99-3100-24
$225.0
2023
020-99-99-99-99-3100-24
$225.0
Financial Management Line of Business
The Financial Management Line of Business (FM LoB) is a multi-agency effort whose goals
include achieving process improvements and cost savings in the acquisition, development,
implementation, and operation of financial management systems. By incorporating the same FM
LoB-standard processes as those used by central agency systems, interfaces among financial
systems are streamlined, and the quality of information available for decision-making is improved.
Fiscal Year
Account Code
EPA Contribution
(in thousands)
2021
020-00-01-01-04-1100-24
$96.0
2022
020-00-01-01-04-1100-24
$96.0
2023
020-00-01-01-04-1100-24
$96.0
Grants.gov
The Grants.gov initiative benefits EPA and its grant programs by providing a single location to
publish grant opportunities and application packages, and by providing a single site for the grants
community to apply for grants using common forms, processes, and systems. EPA believes that
the central site raises the visibility of its grant opportunities to a wider diversity of applicants.
The grants community benefits from savings in postal costs, paper, and envelopes. Applicants save
time in searching for agency grant opportunities and in learning the application systems of various
agencies. In order to streamline the application process, EPA offers Grants.gov application
packages for mandatory state grants (i.e., Continuing Environmental Program Grants).
Fiscal Year
Account Code
EPA Contribution
(in thousands)
2021
020-00-04-00-04-0160-24
$335.0
2022
020-00-04-00-04-0160-24
$347.0
2023
020-00-04-00-04-0160-24
$262.0
Budget Formulation and Execution Line of Business
The Budget Formulation and Execution Line of Business (BFELoB) allows EPA and other
agencies to access budget-related benefits and services. The Agency has the option to implement
LoB-sponsored tools, training, and services.
EPA has benefited from the BFELoB by sharing valuable information on how systems and
software being developed by the LoB have enhanced work processes. This effort has created a
1082
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government-only capability for electronic collaboration (Wiki) in which the Budget Community
website allows EPA to share budget information internally, with OMB, and with other federal
agencies. The Agency also made contributions to the Human Capital Workgroup, participating in
development of online training modules for budget activities - a valuable resource to all agency
budget staff. The LoB has developed the capability to have secure, virtual online meetings where
participants can view budget-related presentations from their workspace and participate in the
discussion through a conference line. The LoB provides regularly scheduled symposia as an
additional forum for EPA budget employees.
Fiscal Year
Account Code
EPA Contribution
(in thousands)
2021
020-99-99-99-99-3200-24
$120.0
2022
020-99-99-99-99-3200-24
$120.0
2023
020-99-99-99-99-3200-24
$120.0
Federal Human Resources Line of Business
OPM's Human Resources Line of Business (HR LoB) provides the federal government the
infrastructure to support pay-for-performance systems, modernized HR systems, and the core
functionality necessary for the strategic management of human capital.
The OPM HR LoB offers common solutions that enable federal departments and agencies to work
more effectively, and to provide managers and executives across the federal government an
improved means to meet strategic objectives. EPA will benefit by supporting an effective program
management activity which evaluates provider performance, customer satisfaction, and
compliance with program goals, on an ongoing basis.
Fiscal Year
Account Code
EPA Contribution
(in thousands)
2021
020-00-01-16-04-1200-24
$68.0
2022
020-00-01-16-04-1200-24
$69.0
2023
020-00-01-16-04-1200-24
$69.0
Hiring Assessment Line of Business
The Hiring Assessment Line of Business (Hiring LoB) supports developing, promoting, testing,
and scaling additional processes and technology in support of assessment processes and related
hiring improvements, including government-wide hiring actions and shared certificates. In FY
2022, EPA will create a talent team to help implement data-driven assessment strategies to improve
selection outcomes, to share new approaches and best practices, and to identify government-wide
implementation challenges. Together, talent teams and the Hiring LoB will create a multi-level
effort focused on improving hiring outcomes, both within agencies and across government.
1083
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Fiscal Year
Account Code
EPA Contribution
(in thousands)
2021
020-00-01-16-04-1200-24
$0.0
2022
020-00-01-16-04-1200-24
$66.0
2023
020-00-01-16-04-1200-24
$66.0
Integrated Acquisition Environment
The Integrated Acquisition Environment (IAE) is comprised of a number of government-wide
automated applications and/or databases that streamline the acquisition business process across the
government and support EPA's contracting and grants programs. In FY 2012, GSA began the
process of consolidating the systems into one central repository called the System for Award
Management (SAM). Until the consolidation is complete, EPA leverages some IAE systems via
electronic linkages to EPA's Acquisition System (EAS); other IAE systems are not linked directly
to EAS but benefit the Agency's contracting staff and vendor community as stand-alone resources.
EAS uses SAM vendor data: contracting officers can download vendor-provided representation
and certification information electronically via SAM, which allows vendors to submit this
information once rather than separately for every contract proposal. Additionally, contracting
officers access the Federal Awardee Performance and Integrity Information System, which
contains records on contractor performance, including past performance evaluations, and
suspensions and debarments.
Through the IAE, contracting officers also can review Wage Determinations to obtain information
required under the Service Contract Act and the Davis-Bacon Act. EAS links to the Contract
Awards system, expected to be deployed in FY 2021, for submission of contract actions at the time
of award. FPDS provides public access to government-wide contract information. The Electronic
Subcontracting Reporting System supports vendor subcontracting data submission for contracts
identified as requiring this information. EPA publishes notices of proposed contract actions
expected to exceed $25 thousand to the Contact Opportunities listing. Vendors use this publicly
available information to identify business opportunities in federal contracting.
The IAE houses Assistance Listings (formerly called Catalog of Federal Domestic Assistance
(CFDA), which provides a comprehensive description of all federal assistance including
information on eligibility, how to apply, and matching requirements for public consumption.
Further, EPA's IAE fee supports use of services for standardized obligations and award-related
information reporting for all Federal financial assistance and procurement awards as required by
the Federal Funding Accountability and Transparency Act of 2006 (FFATA) and the DATA Act
of2014.
Fiscal Year
Account Code
EPA Service Fee
(in thousands)
2021
020-00-01-16-04-0230-24
$720.0
2022
020-00-01-16-04-0230-24
$720.0
2023
020-00-01-16-04-0230-24
$720.0
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Federal PKI Bridge
Federal Public Key Infrastructure (FPKI) provides the government with a common infrastructure
to administer digital certificates and public-private key pairs, including the ability to issue,
maintain, and revoke public key certificates. FPKI leverages a security technique called Public
Key Cryptography to authenticate users and data, protect the integrity of transmitted data, and
ensure non-repudiation and confidentiality.
Fiscal Year
Account Code
EPA Contribution
(in thousands)
2021
020-99-99-99-99-0090-24
$44.0
2022
020-99-99-99-99-0090-24
$46.0
2023
020-99-99-99-99-0090-24
$46.0
Freedom of Information Act Portal
The Freedom of Information Act (FOIA) Improvement Act of 2016 directed the Office of
Management and Budget and Department of Justice to build a consolidated online request portal
that allows a member of the public to submit a request for records to any agency from a single
website. DOJ is managing the development and maintenance of this National FOIA Portal. EPA
and other federal agencies were requested to contribute to this effort.
Fiscal Year
Account Code
EPA Contribution
(in thousands)
2021
020-99-99-99-99-0090-24
$43.0
2022
020-99-99-99-99-0090-24
$37.0
2023
020-99-99-99-99-0090-24
$36.0
Federal Executive Boards
The Federal Executive Boards (FEBs) will be under a new governance and funding structure to re-
invigorate the roles and responsibilities of FEBs to advance the Administration's objectives to
strengthen the Federal workforce, as directed by OMB. A new Line of Business (LOB) will fund
FEBs, replacing the current model which relies on an ad hoc structure with EPA providing funding
for regional FEB staff.
Fiscal Year
Account Code
EPA Contribution
(in thousands)
2021
N/A
$0.0
2022
N/A
$0.0
2023
020-99-99-99-99-1300-24
$300.0
1085
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FY 2023 Administrator's Priorities
Funding for the Administrator's priorities are allocated by program project in the FY 2023
President's Budget with a total of $2,375 million in the Environmental and Programs Management
Account and $125 thousand in the Science and Technology Account.
These funds, which are set aside for the Administrator's priorities, are used to address unforeseen
issues that may arise during the year. These funds are used by the Administrator to support critical
unplanned issues and the amounts shown in the below table will be reallocated, as needed, in
accordance with reprogramming limits.
FY 2023 President's Budget Funding for Administrator's Priorities
Dollars in
Appropriation
Program Project
Thousands
EPM
Acquisition Management
$150
EPM
Brownfields
$25
EPM
Civil Enforcement
$150
EPM
Civil Rights / Title VI Compliance
$75
EPM
Compliance Monitoring
$100
EPM
Criminal Enforcement
$145
EPM
Drinking Water Programs
$100
EPM
Exchange Network
$75
EPM
Federal Stationary Source Regulations
$100
EPM
Federal Support for Air Quality Management
$130
EPM
Human Resources Management
$25
EPM
International Sources of Pollution
$50
EPM
IT / Data Management
$175
EPM
Legal Advice: Environmental Program
$100
EPM
Legal Advice: Support Program
$75
EPM
NEPA Implementation
$100
EPM
Pesticides: Protect Human Health from Pesticide Risk
$150
EPM
Pesticides: Protect the Environment from Pesticide Risk
$150
EPM
Pesticides: Realize the Value of Pesticide Availability
$100
EPM
RCRA: Waste Management
$25
EPM
Science Advisory Board
$100
EPM
State and Local Prevention and Preparedness
$100
EPM
Surface Water Protection
$50
EPM
TRI / Right to Know
$75
EPM
Tribal - Capacity Building
$50
S&T
Federal Support for Air Quality Management
$25
S&T
Research: Air, Climate and Energy
$50
S&T
Research: Chemical Safety and Sustainability
$50
Total
$2,500
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FY 2023: Consolidations, Realignments, or Other Transfer of Resources
Environmental Justice and External Civil Rights Compliance as a National Program Manager
The FY 2022 President's Budget signaled the Administration's and EPA's intent to establish a
new National Program Manager (NPM) for Environmental Justice (EJ). EPA intends to bring
together the Office of Environmental Justice (OEJ) and the External Civil Rights Compliance
Office (ECRCO) through their reorganization into an NPM for EJ and External Civil Rights
Compliance.
Currently, OEJ is located within the Office of Policy within the Office of the Administrator, and
ECRCO is located within the Office of General Counsel. The proposed reorganization would
elevate EJ and external civil rights compliance to the national program level to bolster the
integration of EJ considerations and civil rights compliance across all EPA policies, programs, and
activities; support the efforts of regulatory partners to similarly integrate EJ and fully comply with
civil rights requirements; and enhance EPA's ability to meaningfully engage with and directly
support communities with EJ and civil rights concerns. This change would reflect and help to
bolster EPA efforts to fully achieve the many commitments in the FY 2022-2026 EPA Strategic
Plan, Goal 2, Take Decisive Action to Advance Environmental Justice and Civil Rights, which
similarly elevates EJ and external civil rights compliance priorities.
The head of the new NPM would be an Assistant Administrator to be nominated by the President
and confirmed by the Senate. Further information and details on the proposed reorganization are
under development. EPA will continue to work closely with the Office of Management and Budget
and Congress on the proposal.
Office of Mission Support
The Office of Mission Support (OMS) is considering a reorganization to realign functions and
staff within OMS to better position the office to meet critical mission needs from new requirements
associated with President Biden's Executive Orders on climate,12 supporting underserved
communities, and acquisition.13 The reorganization also would realign functions to balance
workload across OMS, eliminate organizational layers, and consolidate similar or duplicative
functions to better leverage personnel and resources. This proposed reorganization would not
affect any other EPA program office or regional office.
12 For additional information, please see: https://www.whitehouse.gov/briefiiig-room/presidential-actioiis/2021/01/27/executive-
order-on-tackling-the-climate-crisis-at-home-and-abroad/.
13 For additional 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/.
1087
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FY 2023 STAG Categorical Program Grants
Statutory Authority and Eligible Uses
(Dollars in Thousands)
(¦mill Tilli-
Sl;illllii|-\
Aulhiirilk-s
I'.li^il>k' Ki'dpii'iils
llli^il)k' I si-s
i \ 2021
.U'lu;il Diilkirs
(\IIMHI)
i \ 2022
.\mni;ili/.i'(l
(iiiiiiiiuin^
ki'siiluiiiui
Dull;, rs
(\IOOO)
i \ 2023
Pivsiik-iil's Bud^i'l
Dulkirs (\IOOO)
Sta Le and Local Air
Quality Management
CAA, Section 103.
Air pollution control
agencies as defined in
Section 302(b) of the
CAA
S/L monitoring and data
collection activities in support of
the PM2.5 monitoring network
and associated program costs.
$42,229.8
$41,905.0
$58,660.0
State and Local Air
Quality Management
CAA, Section 103.
Air pollution control
agencies as defined in
Section 302(b) of the
CAA
S/L monitoring and data
collection activities in support of
air toxics monitoring.
$7,953.6
$7,488.0
$20,000.0
State and Local Air
Quality Management
CAA, Section 103.
Air pollution control
agencies as defined in
Section 302(b) of the
CAA
S/L monitoring procurement
activities in support of the
NAAQS.
$5,042.9
$4,198.0
$7,000.0
1088
-------
(Irani Tilli-
Slalulorx
Aiillmrilk-s
I'.li^il>k' Ki'iipiinls
Mli^il>k' I si-s
i \ 2021
Ailual Dollars
i \ 2022
Amiiiali/.i-d
(iiiiiiiiuiii^
Ki-soluiion
Dollars
(\I000)
i \ 2023
Pivsiik-lll's IJudml
Dollars (\IOOO)
Sta Le and Local Air
Quality Management
CAA, Sections
103, 105, 106.
Air pollution control
agencies as defined in
Section 302(b) of the
CAA; Multi-
jurisdictional
organizations (non-
profit organizations
whose boards of
directors or
membership is made
up of CAA Section
302(b) agency
officers and whose
mission is to support
the continuing
environmental
programs of the
States); Interstate air
quality control region
designated pursuant
to section 107 of the
CAA or of
implementing Section
176A, or Section 184
NOTE: only the
Ozone Transport
Commission is
eligible.
Carrying out the traditional
prevention and control programs
required by the CAA and
associated program support
costs, including all monitoring
activities, including PM2.5
monitoring and associated
program costs (Section 103
and/or 105); Coordinating or
facilitating a multi-jurisdictional
approach to carrying out the
traditional prevention and
control programs required by the
CAA (Sections 103 and 106);
Supporting training for CAA
Section 302(b) air pollution
control agency staff (Sections
103 and 105); Supporting
research, investigative, and
demonstration projects (Section
103).
$185,320.9
Section 105 grants
$175,270.0
Section 105 grants
$235,838.0
Section 105 grants
$639.0
Section 106 grants
Total:
$241,186.2
$639.0
Section 106 grants
Total:
$229,500.0
$700.0
Section 106 grants
Total:
$322,198.0
1089
-------
(Irani l ilk-
Slalulorx
Aiillmrilk-s
I'.li^il>k' Ki'iipiinls
Mli^il>k' I si-s
i \ 2021
Ailual Dollars
i \ 2022
Amiiiali/.i-d
(iiiiiiiiuiii^
ki'siiluiiiin
Dollars
(\I000)
i \ 2023
Pivsiik-lll's IJudml
Dollars (\IOOO)
Tribal Air Quality
Management
CAA, Sections 103
and 105; Tribal
Cooperative
Agreements (TCA)
in annual
Appropriations
Acts.
Tribes; Intertribal
Consortia;
State/Tribal College
or University
Conducting air quality
assessment activities to
determine a Tribe's need to
develop a CAA program;
Carrying out the traditional
prevention and control programs
required by the CAA and
$8,963.5
Section 103 grants
$9,415.0
Section 103 grants
$18,126.0
Section 103 grants
associated program costs;
Supporting CAA training for
Federally- recognized Tribes.
$4,000.0
Section 105 grants
Total:
$12,963.5
$4,000.0
Section 105 grants
Total:
$13,415.0
$5,000.0
Section 105 grants
Total:
$23,126.0
Radon
TSCA, Sections 10
and 306.
State Agencies,
Tribes, Intertribal
Consortia
Assist in the development and
implementation of programs for
the assessment and mitigation of
radon.
$8,684.5
$7,795.0
$12,487.0
1090
-------
(Inuil l ilk-
Sl;iliilur\
Aiilluirilk-s
I'.li^il>k' Ki'iipiinls
Mli^il>k' I si-s
i \ 2021
Ai'luiil Diilkirs
i \ 2022
.\llllll;ili/.i'(l
(iiiiiiiiuiii^
ki'siiluiiiin
Diilkirs
(\I000)
i \ 2023
Pivsiik'lll's IJudml
Diilkirs (\IOOO)
Multipurpose Grants
Annual
Appropriations
Acts; all other
major
environmental
legislation
including, but not
limited to, CAA,
CWA, SDWA, and
CERCLA
State Agencies,
Tribes
Implementation of mandatory
statutory duties delegated by
EPA under pertinent
environmental laws.
$14,297.2
$10,000.0
$10,200.0
Water Pollution
Control (Section 106)
FWPCA, as
amended, Section
106; TCAin
annual
Appropriations
Acts.
States, Tribes,
Intertribal Consortia,
Interstate Agencies
Develop and carry out surface
and ground water pollution
control programs, including
NPDES permits, TMDLs, WQ
standards, monitoring, and NPS
control activities.
$227,741.2
$230,000.0
$251,538.0
Nonpoint Source (NPS
- Section 319)
FWPCA, as
amended, Section
319(h); TCAin
annual
Appropriations
Acts.
States, Tribes,
Intertribal Consortia
Implement EPA-approved State
and Tribal nonpoint source
management programs and fund
projects as selected by the state.
$180,138.7
$177,000.0
$188,999.0
Wetlands Program
Development
FWPCA, as
amended, Section
104 (b)(3); TCAin
annual
Appropriations
Acts.
States, Local
Governments, Tribes,
Interstate
Organizations,
Intertribal Consortia,
Non-Profit
Organizations
To develop new wetland
programs or enhance existing
programs for the protection,
management, and restoration of
wetland resources.
$10,110.8
$14,192.0
$15,079.0
1091
-------
(Irani l ilk-
Slaliilur\
Aulluirilk-s
I'.li^il>k' Ki'iipiinls
Mli^il>k' I si-s
i \ 2021
.Ulual Dollars
i \ 2022
Allllliali/.i-d
(iiiiiiiiuiii^
ki'siiluiiiin
Dollars
(\I000)
i \ 2023
Pivsiik-lll's IJudml
Diilkirs (\IOOO)
Public Water System
Supervision (PWSS)
SDWA, Section
1443(a); TCA in
annual
Appropriations
Acts.
States, Tribes,
Intertribal Consortia
Assistance to implement and
enforce National Primary
Drinking Water Regulations to
ensure the safety of the Nation's
drinking water resources and to
protect public health.
$110,341.3
$112,000.0
$132,566.0
Underground Injection
Control (UIC)
SDWA, Section
1443(b); TCA in
annual
Appropriations
Acts.
States, Tribes,
Intertribal Consortia
Implement and enforce
regulations that protect
underground sources of drinking
water by controlling Class I-V
underground injection wells.
$10,604.0
$11,164.0
$11,387.0
Beaches Protection
BEACH Act of
2000; TCA in
annual
Appropriations
Acts.
States, Tribes,
Intertribal Consortia,
Local Governments
Develop and implement
programs for monitoring and
notification of conditions for
coastal recreation waters
adjacent to beaches or similar
points of access that are used by
the public.
$10,862.8
$9,619.0
$9,811.0
Resource Recovery
and Hazardous Waste
Grants
Solid Waste
Disposal Act, as
amended by the
Resource
States, Tribes,
Intertribal Consortia
Develop and implement solid
and hazardous waste and
circular economy programs.
$110,759.6
$101,500.0
$108,247.0
Conservation and
Recovery Act §
3011; Consolidated
Appropriations
Act, 2018 (Public
Law 115-141);
Save our Seas
(SOS) 2.0,2020,
Pub. L. 116-224.
$10,000.0
Post-consumer
materials
management or
recycling facilities
Total:
$118,247.0
1092
-------
(Inuil l ilk-
Sl;iliilur\
Aiilluirilk-s
I'.li^il>k' Ki'iipiinls
Mli^il>k' I si-s
i \ 2021
Ai'luiil Diilkirs
i \ 2022
.\llllll;ili/.i'(l
(iiiiiiiiuiii^
ki'siiluiiiin
Diilkirs
(\I000)
i \ 2023
Pivsiik-lll's IJudml
Diilkirs (\I000)
Brownfields
Comprehensive
Environmental
Response,
Compensation, and
Liability Act
(CERCLA§
128(a)).
States, Tribes,
Intertribal Consortia
Establish and enhance state and
tribal response programs which
will survey and inventory
brownfields sites; develop
oversight and enforcement
authorities to ensure response
actions are protective of human
health and the environment;
develop ways for communities
to provide meaningful
opportunities for public
participation; and develop
mechanisms for approval of a
cleanup plan and verification
and certification that cleanup is
complete.
$46,752.4
$46,195.0
$46,954.0
Underground Storage
Tanks (UST)
Solid Waste
Disposal Act of
1976, as amended
by the Superfund
Amendments and
Reauthorization
Act of 1986, §
2007(f); Energy
Policy Act, § 9011.
States
Provide funding for States'
underground storage tanks and
to support direct UST
implementation programs.
$1,475.0
$1,475.0
$1,505.0
1093
-------
(Irani l ilk-
Slalulorx
Aiillmrilk-s
r.li^ihk' Ki-ii|>k-nls
Mli^il>k' I si-s
i \ 2021
Ailual Dollars
i \ 2022
Amiiiali/.i-d
(iiiiiiiiuiii^
ki'siiluiiiin
Dollars
(\I000)
i \ 2023
Pivsiik-iil's IJudml
Dollars (\I000)
Pesticides Program
Implementation
FIFRA, Sections
23(a)(1); Federal
Food, Drug, and
Cosmetic Act
States, Tribes,
Intertribal Consortia
Implement the following
programs through grants to
States, Tribes, partners, and
supporters for implementation
$11,862.9
- States formula
$11,051.0
- States formula
$12,759.0
- States formula
(FFDCA); Food
Quality Protection
Act (FQPA);
Endangered
Species Act (ESA).
of pesticide programs,
including:
Certification and Training
(C&T); Worker Protection;
Endangered Species Protection
Program (ESPP) Field
Activities; Pesticides in Water;
and Tribal Programs.
$285.0
HQ Programs:
- Tribal
-PREP
- School IPM
$1,243.0
HQ Programs:
- Tribal
-PREP
- Pollinator
Protection
$1,268.0
HQ Programs:
- Tribal
-PREP
- Pollinator
Protection
Total: $12,147.9
Total: $12,294.0
Total: $14,027.0
1094
-------
(Irani l ilk-
Slalulorx
Aiillmrilk-s
I'.li^il>k' Riiipknls
Mli^il>k' I si-s
i \ 2021
Ailual Diilkirs
i \ 2022
Amiiiali/.i-d
(iiiiiiiiuiii^
ki'siiluiiiin
Dollars
(\I000)
i \ 2023
Pivsiik-lll's IJudml
Dollars (\IOOO)
Lead
TSCA, Sections
401-412.
States, Tribes,
Intertribal Consortia
Aid states, territories, the
District of Columbia, and tribes
to develop and implement
authorized lead-based paint
abatement programs and
authorized Renovation, Repair,
and Painting (RRP) programs.
EPA directly implements these
programs in all areas of the
country that are not authorized
to do so, and will continue to
operate the Federal Lead-based
Paint Program Database (FLPP)
of trained and certified lead-
based paint professionals.
$13,864.3
404(g) State/
Tribal
Certification
$12,328.0
404(g) State/ Tribal
Certification
$22,653.0
404(g) State/ Tribal
Certification
$2,030.9
404(g) Direct
Implementation
Total:
$15,895.2
$1,947.0
404(g) Direct
Implementation
Total:
$14,275.0
$1,986.0
404(g) Direct
Implementation
Total:
$24,639.0
Toxic Substances
Compliance
Toxic Substances
Control Act
(TSCA) § 28(a)
and 404(g); TCA
in annual
Appropriations
Acts.
States, Federally
Recognized Indian
Tribes, Intertribal
Consortia, and
Territories of the U.S.
Assist in developing,
maintaining, and implementing
compliance monitoring
programs for PCBs, asbestos,
and Lead Based Paint. In
addition, enforcement actions by
1) the Lead Based Paint
program and 2) States that
obtained a "waiver" under the
Asbestos program.
$6,150.8
$4,760.0
$6,877.0
Pesticide Enforcement
FIFRA § 23(a)(1);
TCA in annual
Appropriations
Acts.
States, Federally
Recognized Indian
Tribes, Intertribal
Consortia, and
Territories of the U.S.
Assist with implementation of
cooperative pesticide
enforcement programs.
$24,321.1
$24,000.0
$25,580.0
1095
-------
(Inuil l ilk-
Sl;iliilur\
Aiilluirilk-s
I'.li^il>k' Ki'iipiinls
Mli^il>k' I si-s
i \ 2021
Ai'luiil Diilkirs
i \ 2022
.\llllll;ili/.i'(l
(iiiiiiiiuiii^
ki'siiluiiiin
Diilkirs
(\I000)
i \ 2023
Pivsiik'lll's IJudml
Diilkirs (\IOOO)
Pollution Prevention
Pollution
Prevention Act of
1990, Section
6605; TSCA
Section 10; FY
2000
Appropriations Act
(P.L. 106-74);
TCA in annual
Appropriations
Acts.
States, Tribes,
Intertribal Consortia
Provides assistance to States and
State entities (i.e., colleges and
universities) and Federally-
recognized Tribes and intertribal
consortia to deliver pollution
prevention technical assistance
to small and medium-sized
businesses. A goal of the
program is to assist businesses
and industries with identifying
improved environmental
strategies and solutions for
reducing waste at the source.
$5,022.1
$4,630.0
$5,775.0
Tribal General
Assistance Program
Indian
Environmental
General Assistance
Program Act (42
U.S.C. § 4368(b);
TCA in annual
Appropriations
Acts.
Tribal Governments,
Intertribal Consortia
Plan and develop Tribal
environmental protection
programs.
$69,307.6
$66,250.0
$85,009.0
National
Environmental
Information Exchange
Network (NEIEN, aka
"the Exchange
Network")
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).
States, U.S.
Territories, Federally
Recognized Tribes
and Native Villages,
Interstate Agencies,
Tribal Consortia,
Other Agencies with
Related
Environmental
Information
Activities.
Helps States, U.S. Territories,
Tribes, and intertribal consortia
develop the information
management and technology
(IM/IT) capabilities they need to
participate in the Exchange
Network, to continue and
expand data-sharing programs,
and to improve access to
environmental information.
$9,865.5
$9,336.0
$15,000.0
1096
-------
Agency Response To Office Of Inspector General FY 2022 Key Management Challenges Report,
Issued November 12, 2021
Below is the Agency's response to the OIG's FY 2022 Key Management Challenges report,
which included issues related to the Environmental Protection Agency's mission to protect
human health and the environment. EPA agrees there are significant environmental and human
health challenges currently, including but not limited to tackling the climate crisis, taking
decisive action to advance environmental justice and civil rights, ensuring safety of chemicals,
and ensuring scientific integrity and science-based decision making. These and other priorities
are communicated in the FY 2022-2026 EPA Strategic Plan, along with a detailed roadmap
for achieving our mission. The Agency has set a number of long-term performance goals in
the Strategic Plan and annual performance goals in the FY 2023 President's Budget that focus
on areas related to key management challenges. Please refer the FY 2023 Annual Performance
Plan table in President's Budget for those measures.
The Agency has taken actions in response to the detailed considerations raised in the IG audits
and is working to complete others. In addition, as mentioned in the management challenge
descriptions, EPA has requested appropriations in the FY 2023 President's Budget to assist
in expanding work in a number of these areas and other key priorities. The responses provide
a summary of the major topics. Further details are available in the referenced audit narratives
and Agency responses.
1. Mitigating the Causes and Adapting to the Impacts of Climate Change
Summary of Challenge: The OIG believes that the EPA must take a leadership role in limiting
climate change and mitigating its effect on human health and the environment.
Agency Response: EPA is working to drive Greenhouse Gas emission reductions through an
integrated approach of regulations, partnerships, and technical assistance. EPA also is
working to strengthen the nation's adaptive capacity and resilience, with a particular focus on
advancing environmental justice. EPA will ensure its programs, policies, regulations,
enforcement activities, and operations consider current and future impacts of climate change
and how those impacts disproportionately affect certain communities. As directed in
Executive Order (E.O.) 14008, Tackling the Climate Crisis at Home and Abroad, EPA issued
a Policy Statement on Climate Change Adaptation in May 2021 and published its 2021
Climate Adaptation Action Plan in October 2021. In FY 2022, the agency will publish
program and regional office Implementation Plans, which will report progress to date and
identify actions needed to address the agency-wide priorities identified in the Climate
Adaptation Action Plan. Program and regional offices will engage with states, tribes,
territories, and local communities in developing their plans. As noted in the Climate
Adaptation Action Plan, the agency will need additional personnel and funding resources to
successfully implement many of the priority actions in the plan. This resource requirement
was included in the plan per instructions from CEQ and OMB.
Additional agency efforts include:
Office of Water established a management-level Water Climate Committee to develop
the National Water Program's Climate Adaptation plan. The office will oversee
implementation and track progress, consider climate actions across the office, and
1097
-------
work with co-regulators and partners to implement priority adaptation actions that
also may have co-benefits of climate mitigation.
Responsible Agency Official: Victoria Arroyo, EPA Senior Climate Adaptation Official;
Betsy Shaw, Deputy Assistant Administrator, Office of Air and Radiation
2. Integrating and Leading Environmental Justice Across the Agency and
Government
Summary of Challenge: According to the OIG, as part of its effort to integrate environmental
justice across its programs, the EPA must address the environmental hazards and cumulative
risk facing at-risk communities and effectively communicate that risk to those communities.
Agency Response: The agency continues to address issues and concerns raised by EPA's OIG
regarding its integration of environmental justice and civil rights within EPA. This includes
leadership from the Office of Policy (OP) and Office of Environmental Justice (OEJ) senior
representatives on EPA initiatives to implement President Biden's E.O. 13985 on Racial
Equality and E.O. 14008 on Tackling the Climate Crisis at Home and Abroad, and
participation on inter-agency and intra-agency working groups. On April 7, 2021, EPA
Administrator Michael Regan issued an agency-wide memorandum, Our Commitment to
Environmental Justice, which clearly communicated his priority of centering EJ and civil
rights compliance throughout all EPA's activities. Administrator Regan's memorandum
contained specific instructions for EJ integration within programmatic activities, full
enforcement of our environmental and civil rights laws, emphasis on meaningful engagement
and consultation, and reinforcing our leadership in implementing President Biden's executive
direction. Efforts to address EPA-specific recommendations made in the October 2019 GAO
report, Environmental Justice: Federal Efforts Need Better Planning, Coordination, and
Methods to Assess Programs (GAO-19-543), are now largely guided through implementation
of E.O. 14008 and E.O. 13985 by the White House Council on Environmental Quality (CEQ).
EPA is supporting and engaging the CEQ on providing government-wide leadership on those
recommendations. Also, EPA included Take Decisive Action to Advance Environmental
Justice and Civil Rights as a central goal of the FY 2022-2026 EPA Strategic Plan. In the
Strategic Plan, Goal 2 makes several important commitments to furthering agency efforts.
This includes advancing the integration of EJ considerations across all EPA policies,
programs, and activities. Similarly, it includes advancing agency efforts to ensure compliance
with civil rights obligations within EPA's activities as well as the activities of recipients of
EPA funding. Administrator Regan made an important decision to place EPA's EJ and civil
rights compliance efforts side by side in recognition of their inextricable link and mutually
supportive goals. This includes the intent to bring together OEJ and the External Civil Rights
Compliance Office (ECRCO) in the new national program as signaled in the FY 2022
President's Budget. EPA has committed to strengthening Title VI enforcement and fully
utilizing its civil rights implementation and enforcement authority. EPA will issue clear civil
rights policy guidance to increase recipient's compliance with civil rights laws. Specific draft
commitments in Goal 2 advance the incorporation of EJ and civil rights compliance in
fundamental elements of EPA's mission achievement such as:
1098
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Formal agreements with states and tribal governments.
Significant EPA actions with EJ and civil rights implications.
Resources provided to communities to increase their capacity to meaningfully engage
with EPA programs.
Affirmative post-award compliance reviews targeting critical environmental, health
and quality of life impacts that adversely affect overburdened communities.
EPA program compliance with language and disability access requirements.
Direct implementation of EPA authorities in Indian country.
Transparent commitments to measure outcomes on the ground that are significant to
communities with EJ concerns, amongst other commitments.
It is important to note that EPA has tied together many key obj ectives and efforts to implement
E.O. 13985 and E.O. 14008 through specific commitments in Goal 2 of the FY 2022 -2026
EPA Strategic Plan to help reinforce and drive achievement of the equity and justice aims of
those orders.
Additionally, enforcement remains a top priority in the agency's work to implement EJ goals.
The Office of Enforcement and Compliance Assurance (OECA) has issued four directives to
enhance work in communities with EJ challenges across all enforcement programs:
Strengthening Enforcement in Communities with Environmental Justice Concerns
(April 30, 2021).
Strengthening Environmental Justice Through Criminal Enforcement (June 21,
2021).
Strengthening Environmental Justice Through Cleanup Enforcement Actions (July 1,
2021).
Using All Appropriate Injunctive Relief Tools in Civil Enforcement Settlements
(April 26, 2021).
Moreover, acknowledging the ongoing role of the Section 319 program in benefitting
communities via watershed projects and other actions, EPA issued a memo in September
2021 that strongly encourages actions in FY 2022 to assess and advance delivery of Non-
Point Source (NPS) benefits to disadvantaged communities. The September 2021 memo
commits EPA to take several actions in support of the goal to assess and advance delivery of
NPS benefits to disadvantaged communities, recognizing that this will be a shared learning
experience. This memo also commits to an ongoing dialogue with the NPS community as this
work goes forward.
Responsible Agency Official: Mathew Tejada, Director, Office of Environmental Justice;
Elise Packard, Deputy General Counsel for Operations, Office of General Counsel
3. Ensuring the Safe Use of Chemicals
Summary of Challenge: The OIG believes that the EPA must develop timely and accurate
chemical risk assessments to identify acceptable exposure levels for humans and the
environment.
Agency Response: This management challenge discusses implementation of chemical safety
standards under the pesticides program and the TSCA program. EPA has made significant
1099
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advancements to these programs. To improve the timeliness of endocrine disruptor risk
assessments, a new organizational structure was implemented to ensure management
accountability for the Endocrine Disruptor Screening Program (EDSP) to better align with
pesticide regulatory activities and establish a procedure for communication and coordination
with relevant program offices with testing responsibilities. In compliance with Pesticide
Registration data requirements in ecological risk assessments, the agency developed a table
matrix for inclusion in new active ingredient environmental risk assessments that clearly
indicates how data requirements are addressed in support of new active ingredient registration
decisions, (completed in January 2022). In addition, the New Approach Methods (NAMs)
refer to any technology, methodology, approach, or combination that can provide information
on chemical hazard and risk assessment to avoid the use of animal testing. The white paper
and establishment of EDSP Policy Council, referenced above, are initial steps towards
developing a structure and process for making determinations on required testing.
To address concerns related to TSCA risk evaluation capacity needs, EPA has developed and
revised cost estimates for the development of risk evaluations, and developed phased planning
based on cost estimates. EPA also has identified and implemented best practices to maximize
effectiveness and engaged in internal planning efforts to determine the best distribution of
resources to meet required activities.
This management challenge also focuses on toxicity assessments, specifically EPA's IRIS
Program. EPA's IRIS Program made significant advances to the approaches used to
characterize the health hazards of chemicals found in the environment related to productivity
and timeliness. Additionally, EPA made advances in the practice of conducting hazard
identification, dose-response analysis, pharmacokinetic modeling, and the incorporation of
modern IT databases and artificial intelligence and machine learning tools to expedite the
review and evaluation of contaminants of concern. These advancements are documented in
the ORD Staff Handbook for Developing IRIS Assessments, released for external peer review
by the National Academy of Sciences (NAS) in FY 2021 and are illustrated in the more than
20 assessment products released to the public by the IRIS Program since 2016. In a prior NAS
workshop report. Progress Iowa nsforming the Integrated Risk Information System
Program: A 2018 Evaluation. EPA's IRIS Program was praised for changes made during the
past several years, as well as for the successful trajectory of the Program. To address the
priorities for assessing chemicals in the IRIS Program and maintaining a current IRIS
database, the agency implemented a formal nomination process that ensures the IRIS Program
prioritizes assessments of the highest priority identified by EPA program and regional offices,
given limited resources. EPA documented the results of the FY 2021 nomination process via
the June 2021 IRIS Program Outlook.
Responsible Agency Official: Tim Watkins, Acting Director, Center for Public Health &
Environmental Assessment, Office of Research and Development; Samantha Jones,
Associate Director, Center for Public Health & Environmental Assessment, Office of
Research and Development; Dr. Wayne Cascio, Acting Principal Deputy Assistant
Administrator for Science, Office of Research and Development; Rick Keigwin, Deputy
Assistant Administrator, Office of Chemical Safety and Pollution Prevention
1100
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4. Safeguarding Scientific Integrity Principles
Summary of Challenge: According to the OIG, science-based decisions at the EPA must be
based on principles of scientific integrity to ensure that human health and the environment
are protected by using the best-available science.
Agency Response: As outlined in Administrator Regan's 2021 Mass Mailer to the agency,
"scientific integrity is a core value at EPA" and under his leadership EPA is working "to
ensure our science is of the highest quality and use it to inform our decision making." In the
FY 2022-2026 EPA Strategic Plan, the Cross-Agency Strategy Ensure Scientific Integrity and
Science-Based Decision Making will be implemented to "strengthen the policies and
procedures surrounding scientific integrity and the use of science and evidence to inform
Agency decision making." EPA's Scientific Integrity Policy (SIP) has been in effect since
February 2012 and is one of the strongest scientific integrity policies in the federal
government. The program will be further strengthened by updating the SIP to meet the Office
of Science and Technology Policy's (OSTP) requirements and through the creation of
implementation plans. EPA will advance a culture of scientific integrity that inspires public
trust in the Agency and ensures that EPA achieves its mission of protecting human health and
the environment. Additionally, the agency is on target to develop and implement procedures
to address allegations of compromised scientific integrity, including violations involving
high-profile issues or senior officials. Our efforts to enhance the Agency' s culture of scientific
integrity are supported by agencywide training and outreach activities that engage employees
on scientific integrity. The agency has plans in place to ensure scientific integrity's high
visibility through increased training and regular outreach.
Responsible Agency Official: Dr. Francesca Grifo, EPA Scientific Integrity Official, Office
of Research and Development; Wayne Cascio, Acting Principal Deputy Assistant
Administrator for Science, Office of Research and Development
5. Ensuring Information Technology and Systems Are Protected Against Cyberthreats
Summary of Challenge: The OIG believes that Information technology is a fundamental and
essential resource for the EPA to carry out its mission.
Agency Response: Combating cyber threats is a continuing challenge for all federal agencies
as evidenced by the recent release of the E.O. 14028, Improving the Nation's Cyber security.
EPA understands the prevalence and complexity of ever-growing cybersecurity threats and is
aware of the potential impacts to its mission if information assets are compromised. The
agency appreciates the Office of the Inspector General's (OIG) perspective on the
management challenge regarding enhancing information technology (IT) security to combat
cyber threats and employed concerted efforts to address the findings and recommendations
identified in audit reports highlighted in this management challenge including, but not limited
to the following:
- Developed and implemented processes within the Office of Mission Support
operations to improve management and oversight of audits and corrective actions.
(Ref: N/A)
- Developed agencywide Cybersecurity metrics that are tracked monthly and discussed
in senior leader Monthly Business Reviews. (Ref: 19-P-0158)
Implemented actions to ensure contractor operated managed systems are in
1101
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compliance with federal Cybersecurity requirements via system assessments,
corrective action monitoring and the development of training for contract officers and
contract officer representatives on their responsibilities for identifying contracts that
require Environmental Protection Agency Acquisition Guide (EPAAG) Section
39.1.2 tasks. (Ref:17-P-0344)
- Documented CIO's role in information security through policy and procedures. (Ref:
SP 800-30)
- Documented and implemented controls to validate plans of action and milestones for
vulnerability testing results. (Ref: 20-P-0120/19-208)
- Established a process to periodically review security settings for the agency's
governance, risk management and compliance (GRC) tracking system to validate
whether they meet standards and implemented audit logging capabilities to capture
data changes and a log review process. (Ref: 19-P-0158)
Building upon the progress outlined above, EPA has made significant strides in strengthening
its Cybersecurity program. As evidenced in it's overall "Managing Risk" FISMA report
rating, EPA has achieved or exceeded many of the Federal Cybersecurity Framework metrics
via the implementation of automated Enterprise IT solutions and continuous monitoring
strategies, including but not limited to:
- Deployed more than 18,000 agents on employee workstations to enable the DHS
Continuous Diagnostics and Mitigation (CDM) Software Asset Management
capability.
- Deployed Privilege Access User Management tools to protect Systems Administrator
accounts resulting in the removal of numerous old privilege user accounts and the
vaulting and securing of approximately 800 privilege user accounts.
Implemented Endpoint Detection and Response (EDR) Tools to protect against
malware and advanced threats by automatically detecting, alerting, and providing
threat insights and remediation recommendations on EPA endpoints.
- Enhanced incident response capabilities by deploying a scalable Next Generation
Security Incident and Event Management (SIEM) System.
Among a number of additional priorities, EPA is working on the E.O. 14028 tasks such as:
Implementing Multifactor Authentication and Encryption, Zero Trust Architecture,
and integration with cloud security technologies.
- Updating its Cybersecurity policies and procedures, streamlining, and strengthening
its security training program for users with significant responsibilities.
- Deploying Enterprise IT security tools and solutions to protect the IT operating
environment.
With respect to the agency's water systems cybersecurity program, which also is discussed
as part of this management challenge, EPA is implementing a set of actions to improve
security at facilities nationwide. Agency efforts include:
EPA will continue working with each state, territory, and tribe to develop and train a
cadre of technical assistance providers who can work directly with individual water
systems to assess and enhance their cybersecurity practices.
EPA is pursuing regulatory and statutory options in the near-term for addressing
cybersecurity in the water sector.
In Q4 FY 2022 or early Q1 FY 2023 EPA intends to publish guidance for public water
systems and states elucidating the cybersecurity practices that can deter cyberattacks.
1102
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Afterwards, the agency plans to develop a nationwide training effort for all states and
all public water systems on assessing and implementing effective cybersecurity
practices.
EPA intends to work in close coordination with DHS in the development of the sector-
specific critical infrastructure cybersecurity performance goals, aligning them with
the cybersecurity guidance for water systems and states.
Responsible Agency Official: Tonya Manning, Acting Director, Office of Information
Security & Privacy, Office of Mission Support; Benita Best-Wong, Deputy Assistant
Administrator, Office of Water
6. Managing Infrastructure Funding and Business Operations
Summary of Challenge: The EPA must effectively oversee the funding and operation of
America's water, wastewater, and other environmental infrastructure.
Agency Response: The OIG identified managing infrastructure funding and business
operations as a top management challenge for the agency. To provide effective oversight for
programs potentially receiving infrastructure funding, the agency is engaged in an intensive
review and planning effort for programs that are slated for support. Led by the Senior Advisor
to the Deputy Administrator assigned to the infrastructure implementation, plans include
strategic and tactical steps for rapid and well-coordinated implementation. Operating models
identify critical program components and objectives, establish an implementation structure,
and engage stakeholders. A separate set of training, technical assistance, and internal control
plans are being developed by the mission support offices to ensure that funds directed toward
infrastructure improvements through the use of grants, loans, and contracts are utilized as
intended. EPA acknowledges that the increase in funding will require appropriate oversight
and is committed to safeguarding its resources against waste, fraud, abuse, and
mismanagement. Additional agency efforts include:
Working across the agency on a 30, 60, 90-day implementation plan for the Bipartisan
Infrastructure Bill, including an assessment of staffing, administrative, and internal
control needs.
Holding numerous strategic planning sessions between senior leadership and EPA
program offices with infrastructure implementation responsibilities to effectively plan
for the influx of infrastructure resources.
Holding meetings to discuss utilizing the most effective acquisition and grant
approaches to achieve environmental results and identifying the appropriate human
resources needs and hiring strategies to support a diverse and inclusive workforce.
Conducting annual reviews of state programs for Clean Water and Drinking Water
State Revolving Funds (SRF) through an array of activities. This includes providing
regional and state SRF support and training, performing analyses, and reporting
information in support of fiduciary and programmatic oversight.
Monitoring all executed loans in its WIFIA portfolio to assess changes in credit risk,
monitor project construction, and verify that borrowers are abiding by the credit
agreement laws and regulation through final loan repayment (approximately 40
years).
Establishing an internal working group to focus on the planning and oversight of the
infrastructure implementation.
1103
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Responsible Agency Official: Zealan Hoover, Senior Advisor to the Deputy Administrator;
Lynnann Hitchens, Acting Principal Deputy Assistant Administrator, Office of Mission
Support; Faisal Amin, Chief Financial Officer, Office of the Chief Financial Officer
7. Enforcing Environmental Laws and Regulations
Summary of Challenge: Through enforcement, the EPA ensures that regulated entities are
following environmental laws and will continue to do so, as enforcement actions effectively
deter future noncompliance.
Agency Response: EPA recognizes enforcement as a critical part of the agency's mission and
maintains a strong enforcement program. Under the current Administration, EPA has
increased its focus on traditional civil and criminal enforcement tools, with particular
attention on environmental and public health threats to overburdened communities. This
includes identifying strategies and actions to make environmental justice considerations a part
of all aspects of the agency's enforcement program. In furtherance of the Administration's
priorities, the agency has rescinded several policies that, in part, were responsible for a
number of the concerns identified by the OIG. The agency put in place new policies that
reflect the current Administration's emphasis on strong enforcement. With respect to the
OIG's discussion of its recent reports (Report Number: 21-P-0132 - Resource Constraints,
Leadership Decisions, and Workforce Culture Led to a Decline in Federal Enforcement and
Report Number: 21-P-0131- Staffing Constraints, Safety and Health Concerns at EPA's
National Enforcement Investigations Center May Compromise Ability to Achieve Mission),
the agency remains actively engaged with the OIG in developing corrective actions that will
respond to concerns raised in the reports. EPA's OECA looks forward to working with
colleagues across the agency, as well as state and tribal partners, stakeholders, and the OIG
in addressing issues presented in the FY 2022 Key Management Challenges Report.
Responsible Agency Official: Mark Badalamente, Director, Office of Administration and
Policy
1104
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Office of Enforcement Compliance Assurance (OECA) Travel by Program Project FY 2017 FY 2023
Dollars in Thousands
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
Appr,
Program Project
En acted
Actuals*
Enacted
Actuals*
Enacted
Actuals*
Enacted
Actuals*
Enacted
Actuals*
ACR
PresBud**
EPM
43 - Brownfields
116.0
43.6
$16.0
$10.4
$16,0
44.2
416,0
41S.2
43,0
40.0
416.0
$3.0
44 - Civil Enfoicement
42.148.0
41.882,4
42.148,0
$1,860,9
42.216.0
41.942.2
42.197.0
4886.2
$742.0
4602.4
42.19-0
4889.0
50 - Compliance Monitoring
41.524.0
41.338,5
41.524.0
$1,498,3
41.529.0
41.397,2
41.516.0
4694.8
4567,0
4301.0
41.516.0
45 ~ 0
52 - Criminal Enforcement
41.522.0
41.33T3
41.522.0
41.385.7
$1,522.0
$1,458.1
41.522.0
4748.4
4548,0
4462.9
41.522.0
4854.0
57 - Environmental Justice
4186,0
1209,3
4186,0
4103,7
40,0
45.3
40.0
40.0
40,0
40.0
40.0
40.0
63 - Geographic Program: Chesapeake Bay
420.0
Si 5.9
$20.0
417.0
$20.0
$24.0
$20.0
46.9
420,0
$8.9
$20.0
420.0
90 - NEPA Implementation
4505.0
4251,6
4505.0
4251.1
40.0
$"'0,5
40.0
40.0
40,0
$0.0
40.0
$0.0
F2 - Facilities Infra structure and Operations
4238.0
4643,7
4238.0
4503,4
4238.0
4234,5
4238.0
4204,4
484,0
4131.7
$238.0
$84.0
Total
S6,l».0
$5,682J
$6,159.0
$5,630.5
$5,541.0
$5,136.0
$5,509.0
$2,558.9
$1,9«4J
$1,506.90
$5,509.0
$2,427.0
SAT
62 - Forensics Support
$260.0
$144,8
$260.0
$157.8
$260.0
$193.1
$260.0
$115.0
$141.0
$88,3
$260,0
1147.0
LUST
44 - Civil Enforcement
$0,0
SOU
$0.0
$0.0
$0.0
$0.0
$0.0
$0,0
so.o
$0,0
SO.O
OIL
44 - Civil Enforcement
414.0
49,4
$14.0
$16,4
414.0
48.1
414.0
43.1
414,0
$6.6
$14.0
414.0
50 - Compliance Monitoring
40.0
40,0
40.0
$0,0
40.0
40,0
40.0
40,0
40.0
$0.0
$0.0
40.0
Total
S14.0
$9,4
S14.0
S16.4
$14.0
$8.1
$14.0
$3.1
$14,0
S6.6
S14.0
$14.0
SUPEKFUMD
50 - Compliance Monitoring
48.0
40,0
$8.0
40.0
48.0
40.0
48.0
40.0
40,0
40.0
40.0
$0.0
52 - Criminal Enforcement
4468.0
4216,8
$468.0
$237,4
$468.0
4236,7
4468.0
4125,8
4468.0
4398.7
$468.0
4468.0
62 - Forensics Support
450.0
436,4
450.0
450.0
432,9
450.0
417,2
450,0
447.5
450.0
$<0.0
C? - Superfiindi Enforcement
41.135.0
4904.9
41.135.0
$"!9S."!
41.145.0
4995."'
41.143.0
4445,0
41.143.0
4154.8
$1,143.0
$1,143.0
H2 - Super-fund; Federal Facilities Enf
4120,0
468.3
4120,0
$69.0
4120,0
$65.1
4120.0
481,7
4120.0
411.8
4120.0
$120.0
Total
$1,781,0
$1,226.4
$1,781.0
$1,130.6
SI,791.0
$1,330.4
$1,789.0
$669.7
$1,781.0
$612,8
$1,781,0
$1,781.0
Grand Total
$8,214,0
$7,062J»
$8,214.0
$6,935.3
S7,606.0
$6,667.6
$7,572.0
$3,346,7
$3,900.0
$2,214,6
$7,564,0
$4,349,0
~Actuals include final obligations of New Obligation Authority (NOA) and Carryover for the Office of Enforcement and Compliance Assurance (OECA), Due to iie COVID-19 pandenac.
FY 2020 and FY 2021 actuals were lower than prior year travel budgets,
* 'EPA will re-evaluate travel as part of the Agency's FY 2023 Operating Plan activities in preparation for the FY 2023 Enacted Budget,
1105
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On-Site Inspections and Off-Site Compliance Monitoring Compliance Activities From
EPA's Integrated Compliance Information System14
The table below provides the numbers in EPA's Integrated Compliance Information (ICIS) data
system for on-site inspection and off-site compliance monitoring activities from fiscal years (FY)
2016-2020.
Fiscal Year
(FY)
On-Site Inspections
Off-Site Compliance
Monitoring Activities
(EPA has not set separate
targets for this category of
activities)
Total
Completed
FY 2017 actual
8,800
3,100
11,900
FY 2018 actual
7,900
2,900
10,800
FY 2019* actual
Target: 7,400
Actual: 8,100
2,200
10,329
FY 2020 actual
Target: not set**
Actual: 3,600
4,900
8,500
FY 2021 actual
Target: not set**
Actual: 3,200
7,600
10,800
FY 2022
projection
Target: not set**
Actual: TBD
10,000
FY 2023
projection
Target: not set**
Actual: TBD
10,000
*In 2019, EPA set targets for on-site inspections only. Previous targets were for combination of on-site inspections
and off-site compliance monitoring activities.
**Targets were not set for on-site inspections in FY 2020 through FY 2023 due to travel restrictions and uncertainty
resulting from COVID-19.
Caveats:
1. Definitions: Nationally consistent definitions of on-site inspections and off-site compliance
monitoring activities did not exist for our compliance monitoring program until we issued
guidance on April 24, 2020 (and updated in November 2020). As a result, earlier data may
include mis-categorized activities. EPA's April 24, 2020 memorandum provided definitions
14 The Explanatory Statement accompanying the Consolidated Appropriations Act, 2021 instructs EPA to follow guidance as set
forth in House Report 116-448. House Report 116-448 directs EPA to provide "separate targets for onsite inspections and offsite
compliance monitoring activities, and separate target and actuals data for onsite and offsite compliance monitoring activities for
the previous five fiscal years". Please see page 80: https://www.congress.gOv/l 16/crpt/hrpt448/CRPT-l 16hrpt448.pdf. This
report fulfills this requirement.
1106
-------
for both on-site and off-site compliance monitoring activities, which will create more
consistency in each of the categories.
2. Incomplete Data Entry: Given that EPA has not historically required most types of off-site
compliance monitoring activities to be entered into an EPA database, these numbers are likely
incomplete. EPA's April 24, 2020, guidance for reporting key off-site compliance monitoring
activities establishes expectations for national reporting of these activities, which should result
in numbers more reflective of actual activities.
3. COVID-19: Restrictions on travel during the pandemic affected EPA's ability to conduct on-
site inspections in FY 2020 and FY 2021 and is continuing in FY 2022. While on-site
inspection numbers dropped substantially during this time, EPA was able to increase its off-
site compliance monitoring activities.
4. States Conduct Majority of Inspections: Most inspections are performed by authorized states.
For example, states performed about 34,000 National Pollutant Discharge Elimination System
(NPDES) inspections - that is just one program.
5. Data Mining: With modern tools, EPA mines data from monitoring reports and manifests. EPA
conducts off-site compliance monitoring to try to detect violations, including possible
violations of emission and discharge limitations. EPA uses this information to target facilities
for on-site inspections. The April 2020 and subsequent November 2020 guidances will help
EPA nationally focus and track this important off-site compliance monitoring work.
6. Totals More Reliable Than Subtotals: The sum of the two subtotals (on-site inspections +
offsite compliance monitoring activities) is a more reliable value because it smooths out some
of the variability in each subtotal. EPA believes definitions of on-site inspections and off-site
compliance monitoring activities will help make the subtotal data more reliable going forward.
7. Staffing Levels: The number of inspections EPA completes each year generally correlates with
our annual staffing levels. During the time period reported in the table, OECA's number of
full-time equivalents (FTEs) has decreased from 2,880 in FY 2016 to 2,423 in FY 2021.
1107
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Physicians' Comparability Allowance (PCA) Plan
Department and component:
| Environmental Protection Agency
Purpose: The purpose of this document is to describe the Agency's plan for implementing the
Physicians' Comparability Allowance (PCA) program. Per 5 CFR 595.107, the Office of
Management and Budget (OMB) must approve this plan prior to the Agency entering into any
PCA service agreement. Changes to this plan must be reviewed and approved by OMB in
accordance with 5 CFR 595.107.
Reporting: In addition to the plan, each year, components utilizing PCA will include their PCA
worksheet in the OMB Justification (OMBJ), typically in September. OMB and OPM will use this
data for Budget development and congressional reporting.
Plan for Implementing the PCA program:
1 a) Identify the categories of physician positions the Agency has established are covered by PCA
under § 595.103. Please include the basis for each category. If applicable, list and explain
the necessity of any additional physician categories designated by your agency (for
categories other than I through IV-B). List Any Additional Physician Categories Designated
by Your Agency: Pursuant to 5 CFR 595.107, any additional category of physician receiving
a PCA, not covered by categories I through IV-B, should be listed and accompanied by an
explanation as to why these categories are necessary.
Number of
Physicians
Receiving PCAs by
Category (non-add)
Category of Physician
Position
Covered
by Agency
(mark "x"
if covered)
Basis for Category
Category I Clinical Position
X
EPA's Office of Research and Development
(ORD) clinical physicians oversee the medical
care of study subjects. These studies are
conducted on the health effects of a variety of
common environmental pollutants in many
different human subjects. Our primary emphasis
is on cardio-pulmonary responses, with recent
interest in behavioral responses. The Medical
Officer is responsible for the health and well-
being of research participants before, during, and
after research. Prior to research, the Medical
Officer is responsible for clinically evaluating
individuals. During research, they are responsible
for instituting preventative measures to ensure
that any procedure entails the least risk possible.
After the research, it is the Medical Officer's
responsibility to evaluate an individual's health to
determine any clinical changes.
Category II Research
Position
n/a
1108
-------
Number of
Physicians
Receiving PCAs by
Category (non-add)
Category of Physician
Position
Covered
by Agency
(mark "x"
if covered)
Basis for Category
1
Category III Occupational
Health
EPA is establishing a medical staff within the
Office of Administration, Safety and
Sustainability Division that will serve as a focal
point for pandemic planning, occupational
medical surveillance, wellness, and will provide
medical consultative services supporting the
Agency's safety and health, disease
response/outbreak, fitness for duty, diver,
automated external defibrillator, emergency
response, nerve agent antidote, medical
countermeasures, lactation, maternal wellness,
and other national programs.
Category IV-A Disability
Evaluation
n/a
1
Category IV-B Health and
Medical Admin.
X
This position serves as the principal medical
officer and environmental health scientist for
EPA's ORD. The position is responsible for
providing leadership, direction, and technical
expertise in support of organizational-wide health
and environmental planning, policy development
and implementation, and oversight of scientific
initiatives and research efforts for ORD's
Assistant Administrator (AA) or their designee.
This includes:
Strategic Research Action Plan oversight;
prioritization of environmental health research;
and counsel and oversight on legislation,
regulations and health impact assessments related
to Executive Branch agencies on human health,
air quality, ecosystem services, toxics and risks,
environmental social sciences, and most notably,
COVID-19.
Physicians' Comparability Allowance (PCA) Plan (continued)
2) Explain the recruitment and retention problem(s) for each category of physician in your
agency (this should demonstrate that a current need continues to persist). § 595 of 5CFR Ch.
1 requires that an agency may determine that a significant recruitment and retention problem
exists only if all of the following conditions apply:
- Evidence indicates that the Agency is unable to recruit and retain physicians for the
category;
- The qualification requirements being sought do not exceed the qualifications necessary for
successful performance of the work;
- The Agency has made efforts to recruit and retain candidates in the category; and
- There are not a sufficient number of qualified candidates available if no comparability
allowance is paid.
1109
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Number of Physicians
Receiving PCAs by
Category (non-add)
Category of Physician
Position
Recruitment and retention problem
2
Category I Clinical Position
The small population of EPA Clinical Physician positions
experiences modest turnover. The value of the physicians'
comparability allowance to EPA is used as a retention tool. The
Agency is told regularly that absent the allowance some EPA
physicians would seek employment at federal agencies that
provide the allowance.
Category II Research
Position
n/a
1
Category III Occupational
Health
The value of the physicians' comparability allowance to EPA is
to be used as a recruitment and retention tool. The Agency is
told regularly that absent the allowance some EPA physicians
would seek employment at federal agencies that provide the
allowance.
Category IV-A Disability
Evaluation
n/a
1
Category IV-B Health and
Medical Admin.
The small population of EPA Health and Medical
Administrative Physician position(s) experiences modest
turnover. The value of the physicians' comparability allowance
to EPA is used as a retention tool. The Agency is told regularly
that absent the allowance some EPA physicians would seek
employment at federal agencies that provide the allowance.
3) Explain how the agency determines the amounts to be used for each category of physicians.
Number of Physicians
Receiving PCAs by
Category (non-add)
Category of Physician
Position
Basis of comparability allowance amount
2
Category I Clinical Position
EPA reviews the experience and technical expertise of the
candidates. Combined with other salary ranges in the private
sector and in review of other federal agencies, the Agency tries
to be within a range that allows the Agency to retain the
employees.
Category II Research
Position
n/a
1
Category III Occupational
Health
EPA reviews the experience and technical expertise of the
candidates. Combined with other salary ranges in the private
sector and in review of other federal agencies, the Agency tries
to be within a range that allows the Agency to retain the
employees.
Category IV-A Disability
Evaluation
n/a
1
Category IV-B Health and
Medical Admin.
EPA reviews the experience and technical expertise of the
candidates. Combined with other salary ranges in the private
sector and in review of other federal agencies, the Agency tries
to be within a range that allows the Agency to retain the
employees.
4) Does the Agency affirm that the PCA plan is consistent with the provisions of 5 U.S.C. 5948
and the requirements of § 595 of 5 CFR Ch. 1?
| Yes
1110
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Physicians' Comparability Allowance (PCA) Worksheet
1) Department and component:
| Environmental Protection Agency
2) Explain the recruitment and retention problem(s) justifying the need for the PCA pay
authority.
(Please include any staffing data to support your explanation, such as number and duration of unfilled
positions and number of accessions and separations per fiscal year.)
Historically, the number of EPA Research Physicians is between three and seven positions. This small
population experiences modest turnover. The value of the physicians' comparability allowance to EPA is used
as a retention tool.
EPA continues to use the PCA to recruit qualified candidates to fill vacancies and to retain these employees.
Additionally, EPA will use the PCA in FY 2023 to recruit and retain a physician for the newly formed
national health and safety medical staff.
3-4) Please complete the table below with details of the PCA agreement for the following
years:
PY 2021
CY 2022
BY* 2023
(Actual)
(Estimates)
(Estimates)
3a) Number of Physicians Receiving PCAs
3
4
4
3b) Number of Physicians with One-Year PCA Agreements
0
0
0
3c) Number of Physicians with Multi-Year PCA Agreements
3
4
4
4a) Average Annual PCA Physician Pay (without PCA
payment)
$188,100
$193,700
$199,500
4b) Average Annual PCA Payment
$19,300
$19,300
$19,300
*BY data will be approved during the BY Budget cycle. Please ensure eac
l column is
completed.
5) Explain the degree to which recruitment and retention problems were alleviated in your
agency through the use of PC As in the prior fiscal year.
(Please include any staffing data to support your explanation, such as number and duration of unfilled
positions and number of accessions and separations per fiscal year.)
The Agency is told regularly that absent the allowance, some EPA research physicians would seek
employment at federal agencies that provide the allowance.
6) Provide any additional information that may be useful in planning PCA staffing levels and
amounts in your agency.
An agency with a very small number of physician positions and a low turn-over rate among them still needs
the allowance authority to maintain the stability of the small population. Those who opt for federal
employment in opposition to private sector employment still want the maximum pay available in the federal
sector. Were it not for the PCA, EPA would regularly lose some of its physicians to other federal agencies
that offer the allowance, both requiring EPA to refill vacant positions and making it more difficult for EPA to
fill those positions. Turn-over statistics should be viewed in this light.
1111
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U.S. Environmental Protection Agency
FY 2023 Annual Performance Plan and Congressional Justification
Program Projects by Program Area
(Dollars in Thousands)
Science & Technology
n 2M2I I iniil
WIimK
n 21122
\llllll;ili/c(l ( U
n 2112.?
riv-iiiciH'-
lilldgrl
n 2023
riv-iiiciH'-
liiidurl \.
n 2022
\llllll:ili/ril ( U
Qean Air and Climate
Clean Air Allowance Trading Programs
Climate Protection
Federal Support for Air Quality Management
Federal Vehicle and Fuels Standards and Certification
Subtotal, Clean Air and Climate
$4,809
$7,057
$8,661
$87,233
$107,760
$6,793
$7,895
$7,154
$96,783
$118,625
$8,800
$10,169
$10,420
$152,209
$181,598
$2,007
$2,274
$3,266
$55,426
$62,973
Indoor Air and Radiation
Indoor Air: Radon Program
Radiation: Protection
Radiation: Response Preparedness
Reduce Risks from Indoor Air
Subtotal, Indoor Air and Radiation
$112
$1,645
$3,063
$296
$5,115
$157
$1,735
$3,096
$161
$5,149
$157
$2,224
$4,383
$173
$6,937
$0
$489
$1,287
$12
$1,788
Enforcement
Forensics Support
$11,761
$14,000
$15,532
$1,532
Homeland Security
Homeland Security: Critical Infrastructure Protection
Homeland Security: Preparedness, Response, and
Recovery
Homeland Security: Protection of EPA Personnel and
Infrastructure
Subtotal, Homeland Security
$9,653
$21,877
$500
$32,031
$10,380
$24,852
$501
$35,733
$14,526
$25,890
$501
$40,917
$4,146
$1,038
$0
$5,184
IT / Data Management / Security
IT / Data Management
$2,782
$3,072
$3,195
$123
Operations and Administration
Facilities Infrastructure and Operations
$65,093
$67,500
!,912
$1,412
Pesticides Licensing
Pesticides: Protect Human Health from Pesticide Risk
Pesticides: Protect the Environment from Pesticide Risk
Pesticides: Realize the Value of Pesticide Availability
Subtotal, Pesticides Licensing
$2,431
$1,805
$645
$4,881
$2,803
$2,207
$876
$5,886
$2,917
$2,252
$984
$6,153
$114
$45
$108
$267
1112
-------
Research: Air, Climate and Energy
Research: Air, Climate and Energy
Research: Safe and Sustainable Water Resources
Research: Safe and Sustainable Water Resources
Research: Sustainable Communities
Research: Sustainable and Healthy Communities
Research: Chemical Safety for Sustainabillty
Health and Environmental Risk Assessment
Research: Chemical Safety for Sustainability
Endocrine Disruptors
Computational Toxicology
Research: Chemical Safety for
Sustainability (other activities)
Subtotal, Research: Chemical Safety for Sustainability
Subtotal, Research: Chemical Safety for Sustainability
Ensure Safe Water (formerly Water: Human Health
Protection)**
Drinking Water Programs
dean and Safe Water Technical Assistance Grants
Water Quality Research and Support Grants
Total, Science & Technology
n 2M2I HiijI
WIiijK
$76,733
$92,719
$112,717
$35,251
$13,859
$18,509
$43,598
$75,966
$111,217
$4,088
$0
$626,895
n 21122
\miiijli/cd ( U
$95,250
$112,250
$133,000
$37,482
$16,253
$21,406
$51,859
$89,518
$127,000
$4,364
$7,500
$729,329
n 2o2.?
I'lr-idriH'-
liudgcl
$132,924
$119,286
$141,477
$42,355
$17,095
$22,542
$58,456
$98,093
$140,448
$6,776
$0
$864,155
n 202.?
I'lr-idriH'-
liiidurl \.
n 2022
\miiiali/cd ( U
$37,674
$7,036
$8,477
$4,873
$842
$1,136
$6,597
$8,575
$13,448
$2,412
-$7,500
$134,826
Environmental Programs & Management
dean Air and Climate
Clean Air Allowance Trading Programs
Climate Protection
Federal Stationary Source Regulations
Federal Support for Air Quality Management
Stratospheric Ozone: Domestic Programs
Stratospheric Ozone: Multilateral Fund
Subtotal, Clean Air and Climate
Indoor Air and Radiation
Indoor Air: Radon Program
Radiation: Protection
$12,920
$91,632
$19,317
$131,015
$4,805
$8,326
$268,013
$2,224
$8,283
$13,153
$97,000
$20,733
$138,020
$4,633
$8,711
$282,250
$3,136
$7,661
$23,523
$125,216
$41,617
$289,010
$26,607
$18,000
$523,973
$5,004
$10,588
$10,370
$28,216
$20,884
$150,990
$21,974
$9,289
$241,723
$1,868
$2,927
1113
-------
Radiation: Response Preparedness
Reduce Risks from Indoor Air
Subtotal, Indoor Air and Radiation
n 2M2I HiijI
WIiijK
$2,703
$10,968
$24,178
n 21122
\miiijli/cd ( U
$2,404
$11,750
$24,951
n 202.?
I'lr-idriH'-
liudgcl
$3,004
$23,542
$42,138
n 2023
riv-iiiciH'-
liud^i l \.
n 21122
\iiiiuali/ril ( U
$600
$11,792
$17,187
Brownfields
Brownfields
$22,136
$24,000
$36,842
$12,842
Compliance
Compliance Monitoring
Environmental Justice
Environmental Justice
$97,583
$10,343
$102,500
$11,838
$144,770
$294,938
$42,270
$283,100
Enforcement
Civil Enforcement
Criminal Enforcement
NEPA Implementation
Subtotal, Enforcement
$164,888
$49,588
$15,809
$230,285
$168,341
$51,275
$16,943
$236,559
$210,011
$61,411
$19,883
$291,305
$41,670
$10,136
$2,940
$54,746
Geographic Programs
Geographic Program: Chesapeake Bay
Geographic Program: Gulf of Mexico
Geographic Program: Lake Champlain
Geographic Program: Long Island Sound
Geographic Program: Other
Lake Pontchartrain
S.New England Estuary (SNEE)
Geographic Program: Other (other activities)
Subtotal, Geographic Program: Other
Great Lakes Restoration
Geographic Program: South Florida
Geographic Program: San Francisco Bay
Geographic Program: Puget Sound
Subtotal, Geographic Programs
Homeland Security
Homeland Security: Communication and Information
Homeland Security: Critical Infrastructure Protection
Homeland Security: Protection of EPA Personnel and
Infrastructure
Subtotal, Homeland Security
$77,876
$5,335
$14,996
$30,361
$0
$5,152
$1,579
$6,731
$306,380
$1,369
$6,718
$32,946
$482,712
$3,893
$733
$4,915
$9,540
$87,500
$20,000
$15,000
$30,400
$1,900
$5,500
$3,000
$10,400
$330,000
$6,000
$8,922
$33,750
$541,972
$4,145
$909
$4,959
$10,013
$90,568
$22,524
$20,000
$40,002
$1,932
$6,252
$3,024
$11,208
$340,111
$7,202
$12,004
$35,016
$578,635
$4,650
$1,014
$5,139
$10,803
$3,068
$2,524
$5,000
$9,602
$32
$752
$24
$10,111
$1,202
$3,082
$1,266
$36,663
$505
$105
$180
$790
1114
-------
n 2n2.?
n 2M2I 1 iiijl
WIiijK
n 2022
\iiiiii;ili/cd ( U
I'lr-idriH'-
liiidiicl
Information Exchange / Outreach
State and Local Prevention and Preparedness
$13,402
$13,736
$22,908
TRI / Right to Know
$12,689
$13,206
$13,675
Tribal - Capacity Building
$12,945
$12,902
$16,386
Executive Management and Operations
$48,837
$46,836
$63,256
Environmental Education
$3,311
$8,580
$8,668
Exchange Network
$13,713
$14,084
$14,413
Small Minority Business Assistance
$1,756
$1,680
$1,935
Small Business Ombudsman
$1,250
$1,778
$2,183
Children and Other Sensitive Populations: Agency
Coordination
$8,277
$6,173
$6,362
Subtotal, Information Exchange / Outreach
$116,181
$118,975
$149,786
International Programs
US Mexico Border
$2,818
$2,837
$3,275
International Sources of Pollution
$6,409
$6,746
$11,758
Trade and Governance
$5,894
$5,292
$6,187
Subtotal, International Programs
$15,121
$14,875
$21,220
IT / Data Management / Security
Information Security
$6,765
$8,285
$23,739
IT / Data Management
$74,013
$82,715
$98,452
Subtotal, IT / Data Management / Security
$80,777
$91,000
$122,191
Legal / Science / Regulatory / Economic Review
Integrated Environmental Strategies
$9,614
$9,475
$40,912
Administrative Law
$3,768
$4,975
$5,882
Alternative Dispute Resolution
$533
$864
$1,175
Civil Rights Program
$8,968
$9,205
$25,869
Legal Advice: Environmental Program
$55,700
$49,595
$76,855
Legal Advice: Support Program
$16,645
$15,865
$18,892
Regional Science and Technology
$466
$638
$4,923
Science Advisory Board
$3,422
$3,205
$3,981
Regulatory/Economic-Management and Analysis
$13,850
$12,421
$16,247
Subtotal, Legal / Science / Regulatory / Economic Review
$112,967
$106,243
$194,736
Operations and Administration
Central Planning, Budgeting, and Finance
$71,528
$76,718
$89,154
Facilities Infrastructure and Operations
$257,524
$285,441
$288,293
Acquisition Management
$30,623
$32,247
$40,017
Human Resources Management
$48,256
$46,229
$66,087
n 2023
I'lv-iili-iil'-
liud^i l \.
n 21122
\llllll;ili/cil ( U
$9,172
$469
$3,484
$16,420
$88
$329
$255
$405
$189
$30,811
$438
$5,012
$895
$6,345
$15,454
$15,737
$31,191
$31,437
$907
$311
$16,664
$27,260
$3,027
$4,285
$776
$3,826
$88,493
$12,436
$2,852
$7,770
$19,858
1115
-------
Financial Assistance Grants / IAG Management
Subtotal, Operations and Administration
n 2M2I l iiiiil
WIiijK
$27,294
$435,225
n 21122
\iiiiu:ili/rd ( U
$25,430
$466,065
n 202.?
riv-iiirni'-
liudgcl
$33,040
$516,591
n 2023
riv-iiiciH'-
liud^i l \.
n 21122
\iiiiuali/ril ( U
$7,610
$50,526
Pesticides Licensing
Science Policy and Biotechnology
Pesticides: Protect Human Health from Pesticide Risk
Pesticides: Protect the Environment from Pesticide Risk
Pesticides: Realize the Value of Pesticide Availability
Subtotal, Pesticides Licensing
$1,287
$58,124
$36,714
$6,034
$102,159
$1,546
$60,181
$39,543
$7,730
$109,000
$1,580
$62,726
$45,876
$7,979
$118,161
$34
$2,545
$6,333
$249
$9,161
Research: Chemical Safety for Sustainability
Research: Chemical Safety for Sustainability
$115
$0
$0
$0
Resource Conservation and Recovery Act (RCRA)
RCRA: Corrective Action
RCRA: Waste Management
RCRA: Waste Minimization & Recycling
Subtotal, Resource Conservation and Recovery Act
(RCRA)
$33,921
$59,769
$8,404
$102,095
$38,453
$70,465
$9,982
$118,900
$39,820
$79,743
$10,444
$130,007
$1,367
$9,278
$462
$11,107
Toxics Risk Review and Prevention
Endocrine Disruptors
Pollution Prevention Program
Toxic Substances: Chemical Risk Review and
Reduction
Toxic Substances: Lead Risk Reduction Program
Subtotal, Toxics Risk Review and Prevention
$5,209
$11,476
$72,643
$11,991
$101,318
$7,533
$12,558
$60,280
$13,129
$93,500
$7,614
$17,121
$124,243
$13,749
$162,727
$81
$4,563
$63,963
$620
$69,227
Underground Storage Tanks (LUST / UST)
LUST / UST
$10,373
$11,250
$12,564
$1,314
Ensure Clean Water (formerly Water Quality
Protection)**
National Estuary Program / Coastal Waterways
Wetlands
Subtotal, Ensure Clean Water
$29,496
$18,562
$48,058
$31,822
$19,300
$51,122
$32,184
$25,637
$57,821
$362
$6,337
$6,699
Ensure Safe Water (formerly Water: Human Health
Protection)**
Beach / Fish Programs
Drinking Water Programs
Subtotal, Ensure Safe Water
$1,146
$97,190
$98,335
$1,584
$106,903
$108,487
$1,827
$133,258
$135,085
$243
$26,355
$26,598
1116
-------
Ensure Clean Water (formerly Water Quality
Protection)**
Marine Pollution
Surface Water Protection
Subtotal, Ensure Clean Water
dean and Safe Water Technical Assistance Grants
Water Quality Research and Support Grants
Total, Environmental Programs & Management
Inspector General
Audits, Evaluations, and Investigations
Audits, Evaluations, and Investigations
Total, Inspector General
Building and Facilities
Homeland Security
Homeland Security: Protection of EPA Personnel and
Infrastructure
Operations and Administration
Facilities Infrastructure and Operations
Total, Building and Facilities
Hazardous Substance Superfund
Indoor Air and Radiation
Radiation: Protection
Audits, Evaluations, and Investigations
Audits, Evaluations, and Investigations
Compliance
Compliance Monitoring
Environmental Justice
Environmental Justice
Enforcement
Criminal Enforcement
n 2023
I'lr-idriH'-
I- ^ 2023 liiidurl \.
n 2M2I HiijI n 2M22 I'lr-idriH'- n 2022
WIiijK \iiiiii;ili/cd ( U liuilgrl \ 111111:11i/cil ( U
$8,206 $9,468 $12,299 $2,831
$197,137 $206,882 $239,688 $32,806
$205,343 $216,350 $251,987 $35,637
$0 $21,700 $0 -$21,700
$2,572,857 $2,761,550 $3,796,280 $1,034,730
$38,174 $43,500 $55,865 $12,365
$38,174 $43,500 $55,865 $12,365
$7,006 $6,676 $6,676 $0
$36,071 $27,076 $73,894 $46,818
$43,076 $33,752 $80,570 $46,818
$1,973 $1,985 $2,872 $887
$11,634 $11,586 $12,062 $476
$1,778 $1,000 $1,015 $15
$681 $826 $5,876 $5,050
$8,469 $7,647 $8,088 $441
1117
-------
Forensics Support
Superfiind: Enforcement
Superfiind: Federal Facilities Enforcement
Subtotal, Enforcement
n 2M2I I iniil
WIimK
$1,250
$164,461
$6,974
$181,153
n 21122
\iiiiii;ili/c
-------
n 2023
riv-iiiciH'-
I- ^ 2023 liudiirl
n 2M2I I iiinl n 2M22 I'lr-idriH'- n 2022
U'IimK \llllll:ili/ril ( U lilldgcl \iiiiii:iIi/cil ( k
Superfiind: EPA Emergency Preparedness $7,555 $7,700 $8,056 $356
Superfund: Federal Facilities $24,264 $21,800 $36,272 $14,472
Superfiind: Remedial $639,714 $589,000 $454,601 -$134,399
Subtotal, Superfund Cleanup $904,636 $808,500 $698,764 -$109,736
Total, Hazardous Substance Superfund $1,326,363 $1,205,811 $1,154,168 -$51,643
Leaking Underground Storage Tanks
Enforcement
Civil Enforcement
$625
$620
$653
$33
Operations and Administration
Central Planning, Budgeting, and Finance
Facilities Infrastructure and Operations
Acquisition Management
Subtotal, Operations and Administration
Underground Storage Tanks (LUST / UST)
LUST / UST
LUST Cooperative Agreements
LUST Prevention
Subtotal, Underground Storage Tanks (LUST / UST)
Research: Sustainable Communities
Research: Sustainable and Flealthy Communities
Total, Leaking Underground Storage Tanks
$343
$932
$245
$1,520
$9,561
$55,438
$25,383
$90,382
$303
$92,830
$416
$836
$132
$1,384
$9,470
$55,040
$25,369
$89,879
$320
$92,203
$448
$724
$132
$1,304
$9,811
$55,040
$26,669
$91,520
$337
$93,814
$32
-$112
$0
-$80
$341
$0
$1,300
$1,641
$17
$1,611
Inland Oil Spill Programs
Compliance
Compliance Monitoring
Enforcement
Civil Enforcement
$132
$2,532
$139
$2,413
$2,146
$2,538
$2,007
$125
Oil
Oil Spill: Prevention, Preparedness and Response
$15,160
$16,200
$20,503
$4,303
Operations and Administration
Facilities Infrastructure and Operations
$628
$682
$641
-$41
1119
-------
n 202.?
riv-iiiciH'-
I- ^ 202.i liudiirl
n 2M2I I iiinl n 2M22 I'lr-idriH'- n 2022
U'IimK \llllll:ili/ril ( U lilldgcl \iiiiii:iIi/cil ( k
Research: Sustainable Communities
Research: Sustainable and Healthy Communities
Total, Inland Oil Spill Programs
$1,149
$19,601
$664
$20,098
$674
$26,502
$10
$6,404
State and Tribal Assistance Grants
State and Tribal Assistance Grants (STAG)
Infrastructure Assistance: Alaska Native Villages $36,607
Brownflelds Projects $101,296
Infrastructure Assistance: Clean Water SRF $1,788,798
Infrastructure Assistance: Drinking Water SRF $1,224,269
Infrastructure Assistance: Mexico Border $19,591
Diesel Emissions Reduction Grant Program $87,360
Targeted Airshed Grants $52,895
San Juan Watershed Monitoring (formerly Gold King
Mine Water Monitoring)** $6,363
Safe Water for Small & Disadvantaged Communities $45,312
Reducing Lead in Drinking Water $40,053
Lead Testing in Schools $19,430
Drinking Water Infrastructure Resilience and
Sustainability $0
Technical Assistance for Wastewater Treatment Works
(formerly Technical Assistance for Treatment Works)** $0
Sewer Overflow and Stormwater Reuse Grants (formerly
Sewer Overflow and Stormwater Control Grants)** $6,308
Water Infrastructure Workforce Investment (formerly
Water Infrastructure and Workforce Investment)** $0
Technical Assistance and Grants for Emergencies
(SDWA) $0
Technical Assistance and Grants for Emergencies, Small
Systems $0
Source Water Petition Program $0
Voluntary Connections to Public Water Systems $0
Underserved Communities Grant to Meet SDWA
Requirements $0
Small System Water Loss Identification and Prevention $0
Midsize and Large Drinking Water System Infrastructure
Resilience and Sustainability $0
Indian Reservation Drinking Water Program $0
Advanced Drinking Water Technologies $0
$36,186
$90,982
$1,638,826
$1,126,088
$30,000
$90,000
$59,000
$4,000
$26,408
$21,511
$26,500
$4,000
$18,000
$40,000
$3,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$40,000
$130,982
$1,638,847
$1,126,095
$30,000
$150,000
$59,000
$4,000
$80,002
$182,002
$36,500
$25,000
$18,000
$280,000
$17,711
$35,000
$15,000
$5,000
$20,000
$50,000
$50,000
$50,000
$50,000
$10,000
$3,814
$40,000
$21
$7
$0
$60,000
$0
$0
$53,594
$160,491
$10,000
$21,000
$0
$240,000
$14,711
$35,000
$15,000
$5,000
$20,000
$50,000
$50,000
$50,000
$50,000
$10,000
1120
-------
Clean Water Act Research, Investigations, Training, and
Information
Wastewater Efficiency Grant Pilot Program
Clean Water Infrastructure Resiliency and Sustainability
Program
Small and Medium Publicly Owned Treatment Works
Circuit Rider Program
Grants for Low and Moderate income Household
Decentralized Wastewater Systems
Connection to Publicly Owned Treatment Works
Water Data Sharing Pilot Program
Storm water Infrastructure Technology
Storm water Control Infrastructure Project Grants
Alternative Water Sources Grants Pilot Program
Enhanced Aquifer Use and Recharge
Water Sector Cybersecurity
Subtotal, State and Tribal Assistance Grants (STAG)
n 2M2I liniil
WIiijK
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$3,428,280
n 21122
\iiiiii;ili/c
-------
n 2021 1 inal
WIiijK
n 2022
\iiiiii;ili/cd ( U
n 2023
I'lr-idriH'-
liiidiicl
Categorical Grant: Tribal Air Quality Management
$12,964
$13,415
$23,126
Categorical Grant: Environmental Information
$9,866
$9,336
$15,000
Categorical Grant: Beaches Protection
$10,863
$9,619
$9,811
Categorical Grant: Brownfields
$46,752
$46,195
$46,954
Categorical Grant: Multipurpose Grants
$14,297
$10,000
$10,200
Subtotal, Categorical Grants
$1,128,627
$1,099,400
$1,321,004
n 2023
riv-iiiciH'-
liud^i l \.
n 21122
\iniii;ili/ril ( U
$9,711
$5,664
$192
$759
$200
$221,604
dean and Safe Water Technical Assistance Grants
(formerly Congressional Priorities)**
Water Quality Research and Support Grants $365 $0 $0 $0
Total, State and Tribal Assistance Grants $4,557,273 $4,313,901 $5,729,143 $1,415,242
Hazardous Waste Electronic Manifest System Fund
Resource Conservation and Recovery Act (RCRA)
RCRA: Waste Management $21,498 $0 $0 $0
Operations and Administration
Central Planning, Budgeting, and Finance $154 $0 $0 $0
Total, Hazardous Waste Electronic Manifest System
Fund $21,652 $0 $0 $0
Water Infrastructure Finance and Innovation Fund
Ensure Clean Water (formerly Water Quality
Protection)**
Water Infrastructure Finance and Innovation $79,800 $65,000 $80,344 $15,344
Total, Water Infrastructure Finance and Innovation
Fund $79,800 $65,000 $80,344 $15,344
Subtotal, EPA $9,378,522 $9,265,144 $11,880,841 $2,615,697
Cancellation of Funds $0 -$27,991 $0 $27,991
TOTAL, EPA $9,378,522 $9,237,153 $11,880,841 $2,643,688
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the Superfund account.
** These programs have proposed for name change in the FY 2023 President's Budget.
1122
-------
Eliminated Programs
Eliminated Program Projects
Water Quality Research and Support Grants
(FY 2023 President's Budget: $0.0, 0.0 FTE)
This program is proposed for elimination in the FY 2023 President's Budget. Work to advance
water quality protection can be accomplished within core statutory programs funded in the Budget
request. This program focuses on water quality and water availability research, the development
and application of water quality criteria, the implementation of watershed management
approaches, and the application of technological options to restore and protect water bodies. For
training and technical assistance aspects of the Program, states have the ability to develop technical
assistance plans for their water systems using Public Water System Supervision funds and set-
asides from the Drinking Water State Revolving Fund (DWSRF). For research and development
components of the Program, EPA was instructed by Congress to award grants on a competitive
basis, independent of the Science to Achieve Results (STAR) program and give priority to not-
for-profit organizations that: conduct activities that are national in scope; can provide a twenty-
five percent match, including in-kind contributions; and often partner with the Agency.
1123
-------
Proposed FY 2023 Administrative Provisions
To further clarify proposed Administrative Provisions that involve more than a simple annual
extension or propose a modification to an existing provision, the following information is
provided.
Pesticide Licensing Fee Spending Restrictions
Statutory language in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and
Pesticide Registration Improvement Extension Act of 2018 (PRIA-4), signed into law by the
President on March 8, 2019, restricts what activities EPA can fund from collections deposited in
the Reregi strati on and Expedited Processing Revolving Fund and Pesticide Registration Fund. The
FY 2023 Budget Request carries forward the proposed statutory language from the FY 2022
President's Budget to allow registration service fees to be spent on additional activities related to
registration of pesticides, such as processing and review of submitted data, laboratory support and
audits, and rulemaking support.
The following proposed statutory language would ease spending restrictions related to PRIA
registration service fees.
PRIA registration service fees:
The carrying forward of language specifying that PRIA fees collected in FY 2023 will remain
available until expended would simplify aspects of budget execution. The proposal to allow EPA
to collect and spend PRIA fees in FY 2023 and to authorize expanded use of PRIA fee collections
is below.
The Administrator of the Environmental Protection Agency is authorized to collect and obligate
pesticide registration service fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8'): Provided, That such fees collected shall
remain available until expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) (7 U.S.C. 13 6w-8 (d)(2)), the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2023.
Notwithstanding any other provision of law, in addition to the activities specified in section 33 of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8), fees collected
in this and prior fiscal years under such section shall be available for the following activities as
they relate to pesticide licensing: processing and review of data submitted in association with a
registration, information submitted pursuant to section 6(a)(2) of FIFRA (7 U.S.C. 136d(a)(2)),
supplemental distributor labels, transfers of registrations and data compensation rights,
additional uses registered by states under section 24(c) of FIFRA (7 U.S.C. 136v(c)), data
compensation petitions, reviews of minor amendments, and notifications; review of applications
for emergency exemptions under section 18 of FIFRA (7 U.S.C. 136p) and ensuring data collection
activities, laboratory support and audits; administrative support; risk communication activities;
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development of policy and guidance; rulemaking support; information collection activities; and
the portions of salaries related to work in these areas.
Hazardous Waste Electronic Manifest
The Hazardous Waste Electronic Manifest Establishment Act (Public Law 112-195) provides EPA
with the authority to establish a program to finance, develop, and operate a system for the
electronic submission of hazardous waste manifests supported by user fees. In FY 2023, EPA will
operate the e-Manifest system and the Agency anticipates collecting and depositing approximately
$26.6 million in e-Manifest user fees into the Hazardous Waste Electronic Manifest System Fund.
Based upon authority to collect and spend e-Manifest fees provided by Congress in annual
appropriations bills, the fees will be utilized for the operation of the system and necessary program
expenses. Fees will fully support the e-Manifest program, including future development costs. In
recent appropriations acts, Congress has provided an advance on the appropriation for the e-
Manifest program, to be reduced by the amount of fees collected so as to result in a final fiscal
year appropriation of $0. Because the program is now fully operational and fee-supported, this
language is no longer necessary. The language to authorize collection and spending of the fees is
below. Language specifying that e-Manifest fees collected in FY 2023 will remain available until
expended would simplify aspects of budget execution.
Propose a modification to the existing provision:
The Administrator of the Environmental Protection Agency is authorized to collect and obligate
fees in accordance with section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal
year 2023, to remain available until expended.
Change to Buildings and Facilities Per Project Threshold
The Building and Facilities threshold was last increased from $85,000 to $150,000 in FY 2013.
Since 2013, costs for construction, material, and labor have increased significantly. EPA is
proposing to reflect these cost increases by raising the per project threshold from $150,000 to
$350,000. The $350,000 threshold will apply to the S&T, EPM, OIG, Superfund, and LUST
appropriations and will allow the programs to proceed effectively and efficiently to address
immediate, urgent and smaller-scale facility improvements and will enable the Agency to maintain
adequate operations, further mission-critical activities and implement climate sustainability and
resiliency enhancements.
Propose a modification to the existing provision:
The Science and Technology, Environmental Programs and Management, Office of Inspector
General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction, alteration, repair, rehabilitation, and
renovation of facilities provided that the cost does not exceed $350,000 per project.
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Service Fees for the Administration of the Toxic Substances Control Act (TSCA Fees Rule)
On June 22, 2016, the "Frank R. Lautenberg Chemical Safety for the 21st Century Act" (P.L. 114-
182) was signed into law, amending numerous sections of the Toxic Substances Control Act
(TSCA). The amendments provide authority to the Agency to establish fees for certain activities
under Sections 4, 5, and 6 of TSCA, as amended, to defray 25 percent of the costs of administering
these sections and requirements under Section 14. The amendments removed the previous cap that
the Agency may charge for pre-manufacturing notification reviews. Fees collected under the
TSCA Fees Rule15 will be deposited in the TSCA Service Fee Fund for use by EPA. Fees under
this structure began to be incurred through EPA rulemaking on October 1, 2018 and replace the
former Pre-Manufacturing Notification Fees. In recent appropriations acts, Congress has provided
an advance on the appropriation for the TSCA program, to be reduced by the amount of fees
collected, so as to result in a final fiscal year appropriation of $0. Because the program began
collecting fees in FY 2019, this language is no longer necessary and was not included in the FY
2022 President's Budget. Language specifying that TSCA fees collected in FY 2023 will remain
available until expended would simplify aspects of budget execution.
Propose a modification to an existing provision:
The Administrator of the Environmental Protection Agency is authorized to collect and obligate
fees in accordance with section 26(b) of the Toxic Substances Control Act (15 U.S.C. 2625(b)) for
fiscal year 2023, to remain available until expended.
Student Services Contracting Authority
In the FY 2023 Budget Request, the Agency requests authorization for the Office of Research and
Development (ORD), the Office of Chemical Safety and Pollution Prevention (OCSPP), and the
Office of Water (OW) to hire pre-baccalaureate and post-baccalaureate students in science and
engineering fields. This authority would provide ORD, OCSPP, and OW with the flexibility to
hire qualified students that work on projects that support current priorities, programmatic
functions, and the Agency's environmental goals.
Proposed Language to add to FY 2023 Budget:
For fiscal years 2022 through 2027, the Office of Chemical Safety and Pollution Prevention and
the Office of Water may, using funds appropriated under the headings "Environmental Programs
and Management" and "Science and Technology, " contract directly with individuals or indirectly
with institutions or nonprofit organizations, without regard to 41 U.S.C. 5, for the temporary or
intermittent personal services of students or recent graduates, who shall be considered employees
for the purposes of chapters 57 and 81 of title 5, United States Code, relating to compensation for
travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims,
but shall not be considered to be Federal employees for any other purpose: Provided, That
amounts used for this purpose by the Office of Chemical Safety and Pollution Prevention and the
Office of Water collectively may not exceed $2,000,000 per year.
15 For additional information, please refer to: https://www.epa.gov/tsca-fees/fees-administration-toxic-substances-control-act.
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Special Accounts and Aircraft for Superfund Response Actions
31 U.S.C. 1343(d) generally states that appropriated funds are not available for aircraft unless "the
appropriation specifically authorizes" its use for such purpose. The FY 2020 Further Consolidated
Appropriations Act (P.L. 116-94) made EPA's annually appropriated Superfund Trust Fund
money available to hire, maintain, and operate aircraft for the purposes of carrying out the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). However,
the FY 2020 Further Consolidated Appropriations Act did not include specific authority for EPA
to also use funds recovered from Potentially Responsible Parties - which are deposited into
Superfund "special accounts" and made available to EPA in a separate, permanent indefinite
appropriation - for aircraft. Accordingly, in the FY 2023 Budget, the Agency requests parity in
authority to use Superfund special account funds for aircraft, so that EPA may carry out CERCLA
response actions funded with special account money in the same manner as the Agency would
with annually appropriated Superfund money.
Proposed Language to add to FY 2023 Budget:
The appropriation provided by 42 U.S.C. 9622(b)(3) is available for the hire, maintenance, and
operation of aircraft.
Title 42 Hiring Authority
EPA is requesting the same language for its Title 42 Authority as proposed in the FY 2022
President's Budget. This would include a cap of 25 hires for OCSPP and 75 Hires for ORD. ORD
currently uses this authority to fill highly competitive, PhD-level positions where recruiting
through the GS system is not appropriate. ORD has a robust process for managing the program,
including an Operations Manual that provides requirements on recruiting, compensation, ethics,
and term renewals. OCSPP faces similar challenges in hiring specialized talent.
Proposed Language to add to FY 2023 Budget:
The Administrator may, after consultation with the Office of Personnel Management, employ up
to seventy-five persons at any one time in the Office of Research and Development and twenty-five
persons at any one time in the Office of Chemical Safety and Pollution Prevention under the
authority provided in 42 U.S.C. 209, through fiscal year 2025.
Working Capital Fund Authority
On December 12, 2017, the Modernizing Government Technology (MGT Act) 16 was signed into
law, authorizing CFO-Act agencies to set up information technology (IT) specific WCFs, which
allows them to fund IT modernization projects and reinvest savings for additional modernization
projects in the future. In the FY 2023 Budget, the Agency requests language be added to clarify
and ensure that EPA has the ability to utilize funds deposited into EPA's WCF to modernize and
develop the Agency's IT systems. The Agency has a well-established WCF where nearly 80
16 For more information on the MGT Act, please refer to Section G of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91): littps: //www, congress, gov/1.1. S/plaws/puM91. /.FLAW -1.1. Spufat91. .pdf.
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percent of the current service offerings are IT related. Establishing a separate IT WCF would be
duplicative and more costly than to utilize the Agency's existing WCF. By seeking the proposed
authorizing language change, EPA will clarify its existing authority and harmonize it with the
intent of what Congress envisioned in the passage of the MGT Act.
Proposed Language to add to FY 2023 Budget:
The Environmental Protection Agency Working Capital Fund, 42 U.S.C. 4370e, is available for
expenses and equipment necessary for modernization and development of information technology
of or for use by, the Environmental Protection Agency
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U.S. Environmental Protection Agency
Plan for Implementing the Policies and Directives of Executive Order 13175: Consultation
and Coordination with Indian Tribal Governments
The U.S. Environmental Protection Agency (EPA) is committed to honoring tribal sovereignty
and including tribal voices in policy deliberations, as called for in President Biden's January
26, 2021 memorandum on Nation-to-Nation relationships with American Indian and Alaska
Native Tribal Nations. EPA has a long history of engagement and consultation with tribal
governments. In 2011, it was among the first federal agencies to issue a tribal consultation
policy, and in the 10 years since the policy was issued, EPA has conducted more than 680 tribal
consultations. Implementation of EPA's consultation policy remains a top priority for the
Agency. EPA strives to learn from its past consultations and ongoing engagements with
federally recognized Indian tribes. This plan, which builds upon EPA's existing policies and
practices, identifies current and future actions the Agency is taking to meet the directives of
Executive Order 13175 and to build on and strengthen its consultation policies and practices.
1. Introduction
In his January 26, 2021 memorandum, Tribal Consultation and Strengthening Nation-to-Nation
Relationships. President Biden affirmed: (1) respect for tribal sovereignty and self-governance,
(2) commitment to fulfilling federal trust and treaty responsibilities to tribal nations, and (3)
regular, meaningful, and robust consultation with tribal nations as cornerstones of federal Indian
policy. The memorandum also reaffirmed both Executive Orde nsultation and
Coordination with Indan Tribal Governments. which requires all federal agencies to engage in
regular and meaningful tribal consultation in formulating or implementing policies that have
tribal implications, and the November 2009 Presidential Memorandum on Tribal Consultation.
which requires each federal agency to implement the policies and directives of EO 13175.
The 2021 memorandum directs federal agencies to submit a detailed plan of actions that agencies
will take to implement the policies and directives of EO 13175, developed in consultation with
tribal nations and tribal officials, within 90 days of the date of the presidential memorandum
(April 26, 2021).
I. Consultation and Coordination Process for Developing EPA's Plan for
Implementing EO 13175
In accordance with this directive, EPA held a tribal consultation and coordination period from
March 1 - 31, 2021, to obtain tribal input on improving implementation of its consultation
policies and practices, pursuant to the policies and directives of EO 13175. EPA received 27
written comment letters from tribes and tribal organizations as part of the tribal consultation and
coordination process and one letter from the State of Hawaii, Office of Hawaiian Affairs. During
the consultation and coordination period, EPA held two national tribal webinars and listening
sessions on March 15 and March 17, 2021, which were attended by more than 130 participants.
The webinars were held to discuss EPA's current consultation policies and practices, identify
future actions the Agency is developing to improve on its existing consultation work, and seek
input on opportunities to strengthen its consultation policies and practices moving forward.
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Additionally, EPA staff briefed four EPA Tribal Partnership Groups and Regional Tribal
Operations Committees (RTOCs) during the consultation and coordination period, at the
groups' request, recording feedback provided by tribal representatives at those meetings.
When developing this Plan for Implementing the Policies and Directives of Executive Order
13175, EPA reviewed and carefully considered all comments and input provided during the
consultation and coordination process. Based on key comment themes that emerged from the
tribal input received, EPA is taking action to strengthen our consultation policies and practices
and the implementation of those policies and practices, as discussed below.
II. Actions to Strengthen EPA Consultation Policies and Practices
EPA has a number of policies and practices currently in place to implement EO 13175 and
provide for regular, meaningful consultation for Agency actions that may affect tribes. These
policies and practices are discussed in detail below in Section IV of this plan. EPA recognizes
that consultations are often complicated processes, and the Agency strives to learn from its past
consultations and ongoing engagements with tribes as it continues work to strengthen its
consultation practices. Building from the Agency's current policies and practices and based on
the feedback that EPA received during the consultation and coordination process, the Agency
will:
1) Convene an Agency workgroup to identify options and recommendations to
address key comments raised by tribes during the consultation and coordination
process. This Agency workgroup will be convened and managed by EPA's American
Indian Environmental Office and be comprised of headquarters and Regional office EPA
Tribal Consultation Advisors. EPA will continue to conduct outreach to and engage
tribes as it works to review and respond to the consultation input it received.
The workgroup will focus on addressing several key comment themes heard from tribes
in the consultation, including concerns that:
• In general, EPA does not provide a sufficient amount of time for tribes to
meaningfully and effectively consult on Agency actions or adequate time to receive
consultation notification prior to the start of consultation meetings and/or listening
sessions.
• EPA" s definition of consultation should be broadened, and additional requirements
should be put in place to ensure policies, rules, and decisions fully consider and
address the concerns of tribal nations.
• Consultation often can feel like a "check the box" exercise, with a decision already
made by the time consultation occurs, and/or consultations can feel like an early
comment period opportunity and not a consultation opportunity.
• Better coordination and communication are needed among multi-agency
consultation actions with improved tribal involvement.
• Comprehensive training on tribal governments and their unique status (as distinct
from the status of states and local governments), the nation-to-nation relationship,
federal trust and treaty obligations, and appropriate consultation protocols is needed
for EPA staff and both senior and career leadership.
• Improvements can be made to EPA's Tribal Consultation Opportunities
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Tracking System (TC-OTS) website and email listserv to enhance Agency
outreach on consultation opportunities.
• EPA decisionmakers do not consistently participate in consultation meetings.
• EPA needs to strengthen its follow-up procedures with tribes after consultation.
Priority Action: EPA reinforces that it is critical to have appropriate senior leadership
involved in tribal consultation meetings. A focus area of EPA's workgroup will be to
recommend uniform criteria and practices across the Agency for identifying appropriate
senior EPA officials to attend tribal consultation meetings. This addresses a key comment
expressed by a number of tribes.
2) Provide enhanced consultation training for EPA Tribal Consultation Advisors. All
new EPA personnel receive a mandatory training entitled Working Effectively with Tribal
Governments. To supplement this training, EPA will develop and provide enhanced
training for Tribal Consultation Advisors to ensure they have the training and support
that they need to effectively implement the Agency's consultation policies and practices.
This training will allow Tribal Consultation Advisors to receive regular updates and an
opportunity to discuss best practices and lessons learned regarding the consultation and
coordination process. The training will be led by EPA's American Indian Environmental
Office.
I. Current Consultation Policies and Practices
EPA has a long history of engagement with tribal governments and is committed to respecting
tribal sovereignty and the nation-to-nation relationship in the consultation process. In 1984,
EPA was one of the first federal agencies to establish its own Indian Policy specifying how it
would interact with tribal governments and consider tribal interests in carrying out its programs
to protect human health and the environment. The EPA Policy for the Administration of
Environmental Programs on Indian Reservations (1984 Indian Policy) identifies nine basic
principles for implementing EPA's programs where they impact Indian reservations and tribal
interests. These principles include that EPA will work directly with tribal governments on a
"government-to-government" basis; that it will recognize tribal governments as the primary
parties for setting standards, making environmental policy decisions, and managing programs
for reservations, consistent with EPA standards and regulations; and in keeping with the federal
trust responsibility, will ensure that tribal concerns and interests are considered whenever EPA's
actions and/or decisions may affect tribes.
As described in this section, EPA's current consultation practices set forth in the EPA Policy
on Consultation and Coordination with Indian Tribes (Consultation Policy) establish the
process for the Agency to identify actions or decisions appropriate for consultation, notify
appropriate tribes of the possibility to consult with EPA, and describe how the Agency will
receive and respond to consultation and coordination input. Among other actions, EPA has
established a system (i.e., Tribal Consultation Opportunities Tracking System) to allow for
nationwide notification of consultation opportunities and has created internal reporting
measures to ensure that the Agency considers tribal input and emphasizes the importance of
tribal consultation. As described in the previous section, EPA will take action to review,
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improve, and/or modify the implementation of our consultation and coordination practices
considering the extensive feedback received during the March 1 -31, 2021 consultation.
EPA's Policy on Consultation and Coordination with Indian Tribes
In response to the 2009 presidential memo requiring agencies to submit plans to implement EO
13175, in May 2011, EPA was among the first federal agencies to issue a tribal consultation
policy. The EPA Consultation Policy established national guidelines and institutional controls
for consultation across EPA. It was finalized after extensive consultation and coordination with
tribes and a public comment period. The goal of the Consultation Policy was to fully implement
EO 13175 as well as EPA's 1984 Indian Policy.
The Consultation Policy is designed to fulfill the Agency's obligation to consult with tribes in
accordance with EO 13175, but importantly establishes a broader standard regarding the type of
Agency actions and activities that may warrant consultation. The Consultation Policy describes
consultation as a process of meaningful communication and coordination between EPA and tribal
officials that begins prior to EPA taking actions or implementing decisions that "may affect
tribes." This broader standard is drawn from EPA's 1984 Indian Policy, which states that "tribal
concerns and interests are considered whenever EPA's actions and/or decisions may affect" tribes.
In addition to EPA's Consultation Policy, some of EPA regional and headquarters offices have
developed additional procedures to tailor and assist in implementation of the EPA Policy on
Consultation and Coordination with Indian Tribes.
Four-Phase Consultation Process: The Consultation Policy outlines a four-phase
consultation process, that includes: identification, notification, input, and follow up.
• Identification: During this phase, EPA identifies activities that may be appropriate
for consultation. To help identify, plan for, and coordinate EPA consultation actions
across the Agency, OITA's American Indian Environmental Office (AIEO)
conducts an internal semi- annual planning process whereby EPA headquarters and
regional offices are asked to review planned activities to determine whether
consultation may be appropriate and to report this information to AIEO. This semi-
annual reporting process is conducted to help maximize coordination of consultation
planning and execution among offices, affording additional lead time for preparation
and planning. Additionally, as outlined in EPA's Consultation Policy, in addition to
EPA's ability to determine what requires consultation, tribal officials have the ability
to request to consult on Agency actions.
• Notification: During this phase, EPA notifies tribe(s) of activities that may be
appropriate for consultation. Per the 2011 Consultation Policy, notification should
occur sufficiently early in the process to allow for meaningful input by the tribe(s)
and can occur in a number of ways depending on the nature of the activity and the
number of tribes potentially affected. EPA notifies tribes of consultations through
several methods. EPA programs send official consultation notification letters to the
leadership of tribal governments that may be affected by a given action using the
contact information maintained in the Bureau of Indian Affair's Tribal Leaders
Directory,171 which a number of headquarters and regional offices verify and
17 Bureau of Indian Affair's Tribal Leaders Directory (https:/Avww.bia.gov/triba1-1eaders-directory\
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supplement using information that they independently collect. Additionally, EPA
maintains a Tribal Consultation Opportunities Tracking System (TCOTS) website,
which provides public access to current EPA consultation opportunities, with the
information needed for tribes to actively engage EPA on those actions. In addition
to accessing the TCOTS site directly, tribal representatives can sign up to receive
email updates every time the Agency announces a consultation opportunity.
Additionally, to assist the Agency in communicating with tribal environmental
programs, EPA maintains email lists for tribal environmental and natural resource
directors to assist EPA programs when communicating tribal consultation and
engagement information, and also distributes consultation information to relevant
EPA Tribal Partnership Groups and Regional Tribal Operations Committees, as
appropriate.
• Input: During this phase, tribes provide input to EPA on the consultation matter.
While tribes always have the option and are encouraged to submit written
comments during the consultation and coordination process, as outlined in the
2011 Consultation Policy, this phase may include "a range of interactions
including written and oral communications including exchanges of information,
phone calls, meetings, and other appropriate interactions depending upon the
specific circumstances involved. EPA coordinates with tribal officials during this
phase to be responsive to their needs for information and to provide opportunities
to provide, receive, and discuss input."
• Follow-up: During this phase, EPA provides feedback to the tribes(s) involved in
the consultation to explain how their input was considered in the final action. As
indicated in the 2011 Consultation Policy, "this feedback should be a formal, written
communication from a senior EPA official involved to the most senior tribal official
involved in the consultation." To help ensure that EPA is appropriately following up
with tribes on consultation actions and is tracking this information, beginning in FY
2020, AIEO began requiring headquarters and regional offices to document
consultation outcomes in order to administratively close out consultation records in
TCOTS. The information being tracked includes: (1) confirmation of tribal
participation; (2) confirmation of whether a tribe(s) submitted written input, and (3)
a summary of how EPA addressed tribal input. Since FY 2020, the Agency has had
monthly internal reporting metrics to track this follow-up phase of tribal consultation
and help ensure that headquarters and regional offices are documenting these
consultation outcomes in TCOTS.
Designated Consultation Roles & Responsibilities: To effectively implement EPA's
consultation policies and practices, the 2011 Consultation Policy designates consultation
roles and responsibilities for managers and staff across the Agency. Pursuant to EO
13175, EPA's Consultation Policy designates the EPA Assistant Administrator (AA) for
the Office of International and Tribal Affairs (OITA) as EPA's Designated Consultation
Official. EPA's Designated Consultation Official is responsible for coordinating and
implementing tribal consultation across EPA and certifying compliance with EO 13175
for applicable EPA activities, as discussed below. Additionally, per the 2021 presidential
memorandum, the Designated Consultation Official will coordinate implementation of
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this plan for the Agency and, per the 2009 and 2021 presidential memoranda, has and
will continue to report annually to the Office of Management and Budget (OMB) on the
implementation ofEO 13175.
EPA's Consultation Policy also designates key senior EPA management and staff to
oversee and help implement the Consultation Policy. The policy designates EPA Assistant
Administrators and Regional Administrators to oversee the consultation process in their
respective headquarters and regional offices. Additionally, the Consultation Policy
designates Tribal Consultation Advisors in each headquarters and regional office to assist
EPA programs in identifying matters appropriate for consultation and serve as points-of-
contact for EPA senior leadership and staff, tribal governments, and other parties
interested in the consultation process.
Tracking. Management, and Reporting of Consultation Actions
To help ensure consistent identification, tracking, and management of EPA consultation actions,
EPA follows a number of internal systems and protocols, as described below.
Tribal Consultation Opportunities Tracking System & TCOTS-DASH: The Agency uses
its Tribal Consultation Opportunities Tracking System (TCOTS) website to track and
manage current and past EPA consultation opportunities. To help improve tracking and
management of EPA consultation efforts and to better communicate consultation
information to senior leadership, AIEO also has developed a new, internal tool called
TCOTS-DASH. Using information entered by headquarters and regional offices into
TCOTS, TCOTS-DASH will provide real-time data to EPA leadership and staff on open
tribal consultation opportunities as well as long-term consultation trends over time.
Annual Reporting to OMB: Pursuant to the 2009 presidential memorandum, EPA submits
annual progress reports to OMB on the status of the consultation process and actions and
identifies any updates to EPA's Consultation Policy and its implementation. EPA will
continue to provide such annual reporting to OMB, as directed by the 2021 presidential
memorandum.
Consultation Documentation and Certification for EPA Regulatory Actions
Pursuant to EO 13175, if a regulatory action will have a "substantial direct[] effect on one or
more tribes," which is a narrower threshold than "may affect tribal interests" as applied under
EPA's Consultation Policy, each federal agency must certify to OMB that appropriate
consultation with tribes was conducted on the action in question and document a "tribal
summary impact statement" in its preamble to the rule (EO 13175, Sections 5(b)(2)(B) &
5(c)(2)). To comply with this directive, when EPA submits a draft final regulation to OMB for
review under EO 12866, the Agency includes a "tribal summary impact statement" as part of
the preamble to a rule. Additionally, under EO 13175, if an Agency action or decision is
determined to have "tribal implications," EPA is required to certify that the requirements of EO
13175 "have been met in a meaningful and timely manner" when transmitting the draft of the
final regulation to OMB for review (EO 13175, Section 7(a)). Prior to submitting relevant final
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actions to OMB for review, EPA programs must obtain a memo from EPA's Designated
Consultation Office certifying compliance with EO 13175 consultation requirements.
EPA's Tribal Treaty Rights Guidance
As a supplement to EPA's Consultation Policy, in February 2016, EPA issued its Policy on
Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal Treaty
Rights. EPA developed this guidance after nationwide tribal consultation. The guidance
complements EPA's Consultation Policy by providing affirmative steps for the Agency to take
during tribal consultations when an EPA action occurs in a specific geographic location and a
resource-based treaty right, or an environmental condition necessary to support the resource,
may be affected by EPA's action. Pursuant to the guidance, in such instances, EPA will seek
information and recommendations on tribal treaty rights and consider all relevant information
obtained to help ensure that EPA's actions do not conflict with treaty rights, and to help ensure
that EPA is fully informed when it seeks to implement its programs and to further protect treaty
rights and resources when it has discretion to do so.
EPA continuously strives to incorporating tribal treaty rights into their work. For example,
EPA's Office of Superfund Remediation and Technology Innovation issued a memo on the
Consideration of Tribal Treaty Rights a, iitional Ecological Knowledge in the Superfund
Remedial Program in January 2017.
Conclusion
EPA would like to acknowledge the early commitment of the Biden Administration to regular,
meaningful, and robust consultation with tribal nations and to seeking information from federal
agencies on the steps they are taking to implement the policies and directives of EO 13175,
developed in consultation with tribal nations. EPA remains committed to consulting with tribes
and to holding meaningful communication and coordination between EPA and tribal officials
prior to EPA taking actions or implementing decisions that may affect tribes. EPA looks forward
to this opportunity to share its Plan for Implementing the Policies and Directives of Executive
Order 13175 with OMB and to work as an Agency to respond to and address tribal input to
improve EPA's implementation of its consultation policies and practices, pursuant to the
policies and directives of EO 13175. EPA is dedicated to strengthening our consultation policies
and procedures.
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062S. 2276 — Good Accounting Obligation in Government Act
Public Law No: 115-414, January 3, 2019
In accordance with the reporting requirements of the Good Accounting Obligation in Government
Act, Agencies are to submit reports on outstanding recommendations in the annual budget
submitted to Congress.
For the FY 2023 budget justification, EPA developed a report listing each open public
recommendation for corrective action from the Office of the Inspector General, along with the
implementation status of each recommendation.
EPA also developed a report listing the status of each open or closed as unimplemented public
recommendation from the Government Accountability Office (GAO).
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EPA OIG Open Recommendations and Corrective Actions
I V Audit
\ ii in her
Rccoiiimeiulitlioiis mill Correct he Actions
Report
Dsitc
10-P00224-168
Recommendation: Develop a systematic approach to identify which
States have outdated or inconsistent MOAs, renegotiate and update
those MOAs using the MOA template, and secure the active
involvement and final, documented concurrence of Headquarters to
ensure national consistency.
9/14/10
Corrective Action: EPA has completed the review of all the EPA-State
MOAs. Ten authorized NPDES states were identified as being
problematic. EPA Regions and States have completed actions to update
MOAs to satisfy concerns identified in the corrective action plan for
three states: Iowa, Missouri, and Virginia. At this time, seven MOAs
are still in the process of being corrected. Planned: 9/30/22
14-P00109-360
Recommendation: Direct COs to require that the contractor adjust all its
billings to reflect the application of the correct rate to team subcontract
ODCs.
2/4/14
Corrective Action: Region 6 concurs with Recommendation No. 3 and
agrees to require the contractor to adjust all of its past billings to reflect
the application of the composite rate to team-subcontractor ODCs that
were arranged for and paid for by the team-subcontractor. We intend to
implement the corrective action when final indirect cost rates (OCR)
are established. Therefore, the CO will be directed to defer past billing
adjustments until the Defense Contract Audit Agency (DCAA) audits
the indirect cost rates and the EPA Financial Administrative
Contracting Officer (FACO) negotiates, approves, and issues a Final
Indirect Cost (ICR) Agreement for the past billing periods (i.e., Years
2007 to 2013). Planned: 9/30/24
16-P00275-140
Recommendation: We recommend that the Assistant Administrator for
Air and Radiation: Determine whether additional action is needed to
mitigate any adverse air quality impacts of the Renewable Fuel
Standard as required by the Energy Independence and Security Act.
8/18/16
Corrective Action: OAR agrees with this recommendation, and we
acknowledge the statute's requirement to determine whether additional
action is needed to mitigate any adverse air quality impacts considering
the anti-backsliding study. That study, discussed in Corrective Action
2, would need to be completed prior to any such determination taking
place. Planned: 9/30/24
Recommendation: We recommend that the Assistant Administrator for
Air and Radiation: Complete the anti-backsliding study on the air
quality impacts of the Renewable Fuel Standard as required by the
Energy Independence and Security Act.
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Corrective Action: OAR agrees with this recommendation, and we
acknowledge the statutory obligation for an anti-backsliding study
under Clean Air Act section 21 l(v) (as amended by EISA section 209).
EPA has already taken several time-consuming and resource-intensive
steps that are important prerequisites for the anti-backsliding study. For
example, OAR conducted a vehicle emissions test program designed to
evaluate the impacts of gasoline properties (including aromatics and
ethanol concentration) on vehicle exhaust emissions,
https://www3.epa.gov/otaq/models/moves/epact.htm. This study is the
largest, most comprehensive, and most carefully designed and
implemented study to date on the impacts of fuel changes on emissions
from recent model year gasoline vehicles. Using the data from this
study, OAR then updated the fuel effects model in its tool for
estimating motor vehicle emissions, the Motor Vehicle Emissions
Simulator (MOVES). This update was released in 2014. However, as
the OIG report correctly notes, there are multiple intermediate research
steps that still need to be completed before OAR can plan, fund, and
conduct a comprehensive anti-backsliding study. These steps include
development of baseline, current, and projected scenarios for how
renewable fuels have and might be produced, distributed, and used to
fulfill the RFS requirements, generation of emissions inventories, and
air quality modeling, all of which are time-consuming and resource
intensive. Furthermore, this work must be conducted on top of other
statutorily required actions under the RFS program, many of which are
carried out by the same group of staff and managers.
Planned: 9/30/24
17-P00053-164
Recommendation: Conduct an assessment of clearance devices to
validate their effectiveness in detecting required clearance levels, as
part of the Office of Pesticide Programs' ongoing re-evaluation of
structural fiimigants.
12/12/16
Corrective Action: Within two years of the final report, by November
30, 2018, OCSPP will validate and implement new device clearance
guidance. Planned: 12/31/22
18-P00059-167
Recommendation: Develop standard operating procedures that outline
the Office of Land and Emergency Management and Office of
Enforcement and Compliance Assurance roles and responsibilities for
overseeing the validity of Resource Conservation and Recovery Act
and Superfund financial assurance instruments.
12/22/17
Corrective Action 5: EPA will, for the RCRA program, inventory and
assess existing guidance and/or SOPs, outline OLEM and OECA roles
and responsibilities for overseeing the validity of RCRA financial
assurance instruments, communicate existing guidance and/or SOPs to
financial assurance community, and develop or update SOPs and
provide to financial assurance community.
August 2021 Update: ORCR is in the process of upgrading the financial
assurance module (component) of the RCRAInfo system from its
current Version 5 to the new RCRAInfo Version 6 and thus has more
precise information about when the new financial assurance upgraded
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module will be available. ORCR has completed much of the workgroup
process for development of the RCRAInfo module. Additional needed
steps include coding and building the module, testing, and deployment.
These steps take several weeks to months to complete. OLEM is
proposing to complete Corrective Actions (5), (6), (7), and (8) by the
end of FY 2022, to take full advantage of the new financial assurance
data environment and incorporate that environment into its guidance
and training under the corrective actions. These dates had previously
been revised, and we are seeing considering this new more precise
information that further revised dates would be more accurate. The
OLEM Acting Assistant Administrator notified the OIG of the revised
date via email dated August 20, 2021. The OIG acknowledged the
revision via email on August 25, 2021. Planned: 6/30/22
Recommendation: Develop and include procedures for checking with
other regions for facilities/sites with multiple self-insured liabilities in
the standard operating procedures created for Recommendation 5.
Corrective Action 6: Same as above. Planned: 6/30/22
Recommendation: Develop and include instructions on the steps to take
when an invalid financial assurance instrument (expired, insufficient in
dollar amount, or not provided) is identified in the standard operating
procedures created for Recommendation 5 and collect information on
the causes of invalid financial assurance.
Corrective Action 7: Same as above. Planned: 6/30/22
Recommendation: Train staff on the procedures and instructions
developed for Recommendations 5 through 7.
Corrective Action 8: Same as above. Planned: 9/30/22
18-P00080-164
Recommendation 1: The Assistant Administrator for Chemical Safety
and Pollution Prevention, in coordination with the Office of
Enforcement and Compliance Assurance: 1. Develop and implement a
methodology to evaluate the impact of the revised Agricultural Worker
Protection Standard on pesticide exposure incidents among target
populations.
2/15/18
Corrective Action 1-1: CA 1 - OCSPP will: (1) collect and review data
related to the extent to which agricultural workers obtain knowledge
through trainings; (2) collect and review incident data; and (3) after
reviewing training and incident data, analyze the need to collect
additional information to help evaluate the impact of the revised
Worker Protection Standard. These efforts, as well as a detailed
timeline for completion of specific milestones, are described in the
Agency's 2/25/19 Response to the OIG"s Final Report. After reviewing
training and incident data, OCSPP will consider the need to collect
additional information to help evaluate the impact of the revised
Worker Protection Standard. EPA will examine the potential for
additional sources of information that might contribute to a better
understanding of the rule's impact by December 2022. Target
Completion Date: OCSPP will complete a Final Report on the three
efforts described below by December 31, 2022. Planned: 12/31/22
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18-P00233-360-
390
Recommendation: We recommend that the EPA Regional
Administrators, Regions 6 and 9: Fully develop and implement
prioritization and resource allocation methodologies for the Tronox
abandoned uranium mine sites on or near Navajo Nation lands.
8/22/18
Corrective Action: Complete development and implementation of
resource allocation methodology following the cost analysis of the
preferred remedies.
COMPLETED - Complete prioritization list for funding by December
31,2021.
COMPLETED - Establish a funding allocation strategy for the
prioritized NAUM sites by December 31, 2021.
Complete final resource allocations by May 31, 2022. Planned: 5/31/22
18-P00240-1
Recommendation: Establish a strategic vision and objectives for
managing the use of citizen science that identifies:
a. Linkage to the agency's strategic goals,
b. Roles and responsibilities for implementation, and
c. Resources to maintain and build upon existing agency expertise
9/5/18
Corrective Action: The agency concurs with this recommendation and
will establish an agencywide work group to establish a more formal
strategic vision and objectives for managing the use of citizen science,
including policies, procedures and clear objectives for how to collect,
manage and use citizen science to support the agency's mission.
Planned: 9/30/22
Recommendation: Through appropriate EPA offices, direct completion
of an assessment to identify the data management requirements for
using citizen science data and an action plan for addressing those
requirements, including those on sharing and using data, data
format/standards, and data testing/validation.
Corrective Action: The agency concurs with this recommendation and
will complete an assessment and action plan to identify and address
data management requirements for citizen science.
Planned: 3/31/22
18-P00240-166
Recommendation: Build capacity for managing the use of citizen
science, and expand awareness of citizen science resources, by:
a. Finalizing the checklist on administrative and legal factors for agency
staff to consider when developing citizen science projects, as well as
identifying and developing any procedures needed to ensure
compliance with steps in the checklist;
b. Conducting training and/or marketing on EPA's citizen science
intranet site for program and regional staff in developing projects; and
c. Finalizing and distributing materials highlighting project successes
and how EPA has used results of its investment in citizen science.
9/15/18
Corrective Action: ORD will consult with OGC and other relevant EPA
programs and regions to finalize the checklist on administrative and
legal factors for agency staff to consider when developing citizen
science projects. ORD will conduct training and marketing for program
and regional staff. Finally, ORD will have an active communication and
outreach strategy that will include communications materials
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highlighting project successes and how EPA has used results of its
investment in citizen science. Planned: 11/21/22
19-P00002-168
Recommendation: Complete development of the probabilistic risk
assessment tool and screening tool for biosolids land application
scenarios.
11/15/18
Corrective Action #3: For Recommendation 3, the agency agreed with
the recommendation and offered an acceptable corrective action but did
not provide a specific completion date. After our meeting on September
17, 2018, the Office of Water provided an acceptable completion date.
This recommendation is resolved with corrective actions pending.
Planned: 3/31/23
Recommendation: Develop and implement a plan to obtain the
additional data needed to complete risk assessments and finalize safety
determinations on the 352 identified pollutants in biosolids and
promulgate regulations as needed.
Corrective Action #4: For Recommendation 4, EPA agreed with this
recommendation. The initial corrective action did not fully address the
intent of the recommendation. After our meeting on September 17,
2018, EPA provided acceptable corrective actions and a planned
completion date. In addition to EPA's work on improving the biennial
review process, the Office of Water established a performance measure
for biennial reviews. This recommendation is resolved with corrective
actions pending. Planned: 12/31/22
Recommendation: Publish guidance on the methods for the biosolids
pathogen alternatives 3 and 4.
Corrective Action #6: OW completed its work to address the corrective
action on 12-16.20. The corrective actions will be published in an ORD
document that is currently under review. The document will not meet
the deadline for posting to the website by 12/30/2020. OST anticipates
the updates will be publicly available by 5/31/2021.
Planned: 7/1/22
Recommendation: Issue updated and consistent guidance on biosolids
fecal coliform sampling practices.
Corrective Action #8: OW completed its work to address the corrective
action on 12-16.20. The corrective actions will be published in an ORD
document that is currently under review. The document will not meet
the deadline for posting to the website by 12/30/2020. OST anticipates
the updates will be publicly available by 5/31/2021.
Planned: 7/1/22
19-P00168-140
Recommendation: Address the following risks as part of the on-road
heavy-duty vehicle and engine compliance program risk assessment, in
addition to other risks that EPA identifies:
a. non-criteria pollutants not being measured.
b. Level of heavy-duty sector testing throughout the compliance life
cycle.
c. Marketplace ambiguity over regulatory treatment of rebuilt versus
remanufactured engines.
6/3/19
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d. Different compliance challenges for heavy-duty compression-
ignition and spark-ignition engines.
e. Lack of laboratory test cell and in-house testing capacity for heavy-
duty spark-ignition engines.
Corrective Action: OAR agrees with this recommendation and will
address each of these areas:
• Non-criteria pollutants not being measured
Response: Under the Clean Air Act. manufacturers are responsible for
measuring and reporting emissions of nonregulated pollutants. OTAQ
does not routinely measure noncriteria pollutants, but we will work to
enhance manufacturer reporting by establishing a new document type in
our Engine and Vehicle Compliance Information System (EV-CIS) to
collect the manufacturer reports; updating our guidance to announce the
new EV-CIS capacity and to remind manufacturers of their reporting
obligation; and then reviewing and considering the reported information
as part of our ongoing risk assessment process. Planned Completion
Date: End of Q4 2021.
• Level of heavy-duty sector testing throughout the compliance life
cycle
Response: OTAO will continue to prioritize testing for all vehicle and
engine sectors, including the HD highway sector, as resources allow.
We will formally document and periodically reassess the level of
testing as part of our periodic risk assessment. Planned Completion
Date: End of Q3 2021.
• Marketplace ambiguity over regulatory treatment of rebuilt versus
remanufactured engines
Response: OTAO believes the regulations are clear on this issue so we
will engage stakeholders to improve understanding of nomenclature and
expectations, and we will work to educate manufacturers about
ambiguity resulting from their inappropriate use of terminology.
Planned Completion Date: 9/30/22
• Different compliance challenges for heavy-duty compression-
ignition and spark-ignition engines
Response: This recommendation concerns the technical differences
between SI and CI engines, and the resulting different challenges and
tradeoffs in controlling emissions for the two types of technology. We
will formally document and periodically reassess concerns about
different compliance incentives as part of our periodic risk assessment.
Planned Completion Date: 9/30/22
• Lack of laboratory test cell and in-house testing capacity for heavy-
duty spark-ignition engines
Response: Heavv-dutv spark-ienition (HDSI) engines represent less
than 4% of heavy-duty highway production. NVFEL is able to test all
the other sectors and can use contract laboratories or portable emissions
measurement systems to test HDSI engines if necessary. Therefore,
investment in HDSI testing capacity has not been a priority to date.
Going forward, we will formally document and periodically reassess
decisions about investments in laboratory capacity as part of a periodic
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risk assessment. Planned Completion Date: 9/30/22. Planned
Completion Date: End of Q3 2021. Planned: 9/30/22
Recommendation: Evaluate the following issues, which may require
regulatory or programmatic action, as part of (1) the on-road heavy-
duty vehicle and engine emission control program risk assessment and
(2) EPA's annual regulatory agenda development process:
a. Regulatory definition of on-road heavy-duty engine useful life may
not reflect actual useful life.
b. Not-to-Exceed standard may not reflect real-world operating
conditions, especially for certain applications.
c. In-use testing requirements for heavy-duty spark-ignition engines
may be needed.
d. A particle number standard may more accurately control particulate
matter emissions that impact human health.
Corrective Action: OAR agrees with this recommendation. We will
consider the first three issues as part of the CTI rulemaking process. We
also will commit to considering approaches to best control particulate
matter emissions that affect public health and will continue to work
toward improving ultrafine particulate matter measurement techniques.
Planned: 9/30/22
19-P00195-164
Recommendation: Complete the actions and milestones identified in the
Office of Pesticide Programs' PRIA Maintenance Fee Risk Assessment
document and associated plan regarding the fee payment and refund
posting processes.
6/219/19
Corrective Action: OCSPP/OPP will complete the actions and
milestones identified in the Office of Pesticide Programs' PRIA
Maintenance Fee Risk Assessment document and associated plan
regarding the fee payment and refund posting processes by 12/31/2020.
Planned: 12/31/22
19-P00207-140
Recommendation: Develop and implement electronic checks in EPA's
Emissions Collection and Monitoring Plan System or through an
alternative mechanism to retroactively evaluate emissions and quality
assurance data in instances where monitoring plan changes are
submitted after the emissions and quality assurance data have already
been accepted by EPA.
6/27/19
Corrective Action: The Office of Air and Radiation agrees with this
recommendation. As OIG acknowledged in its report, CAMD has
already addressed this issue by implementing a post-submission data
check that is run at the end of each reporting period. The new check
identifies any monitoring plan submissions containing changes to
monitoring span records that occur prior to the current emissions
reporting period. If any changes were made, the check recalculates
quality assurance tests that were submitted prior to the span change and
verifies the pass/fail status of each test. If the status of any test changes,
CAMD analysts will contact the affected facility and request the
correction and resubmission of the impacted data. As of February 2019,
CAMD had insured that the discrepancies in the data used in OIG's
review were resolved and resubmitted.
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In the long term, CAMD will implement an additional check in the
ECMPS forcing retroactive span record changes to require the
reevaluation and resubmission of any affected quality assurance tests
and hourly emissions records. CAMD has initiated the process of re-
engineering ECMPS. In order to minimize additional expenditures on
the current version of ECMPS, CAMD will focus on adding the check
to the new version of ECMPS. Planned: 3/31/25
19-P00251-140
Recommendation: Assess the training needs of EPA regions and state,
local and tribal agencies concerning stack test plans and report reviews
and EPA test methods and develop and publish a plan to address any
training shortfalls.
Corrective Action: OAR will implement the following corrective
action. OAR's Office of Air Quality Planning and Standards (OAQPS)
will work with the EPA regions and state, local and tribal air agencies
to review currently available materials and assess training needs with
respect to approval of stack test plans, review of stack test reports, and
conduct of EPA test methods, with respect to particulate matter
compliance testing. OAQPS will work with EPA regional, state, local
and tribal agencies to identify current training shortfalls and develop a
plan to address these shortfalls. We anticipate two and one-half years to
assess the training needs, prepare a training plan, and begin enacting the
plan. Planned: 3/31/22
19-P-00251-180
Recommendation: Develop and implement a plan for improving the
consistency of stack test reviews across EPA regions and delegated
agencies.
7/30/19
Corrective Action: OECA will implement a plan, in coordination with
OAR and consistent with the activities undertaken by OAR in
addressing recommendations 2-3, for improving the consistency of
stack test reviews across EPA regions and delegated agencies. Such
enhanced compliance monitoring will help ensure the tool of stack
testing is being sufficiently and properly utilized.
Planned: 3/31/22
19-P-00251-410
Recommendation: Develop and implement a plan for improving the
consistency of stack test reviews across EPA regions and delegated
agencies.
7/30/19
Corrective Action: Region 10 agreed to conduct annual meetings with
its state and local agencies to discuss their stack testing oversight
activities. Region 10 committed to completing the first round of
meetings with its state and local agencies by March 31, 2020 and
committed to continuing those meetings through March 31, 2022. After
OECA and the OAR have completed the corrective actions for
Recommendations 1 and 3, Region 10 will meet with its state and local
agencies to discuss and implement any new stack test oversight policies
and guidance. Planned: 5/31/22
Recommendation: Develop and implement controls to assess delegated
agencies' stack testing oversight activities.
Corrective Action: R10 will implement controls to assess delegated
agencies stack testing oversight activities, after OECA & OAR actions
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are completed. RIO revised its completion date for this corrective action
to December 31, 2022, due to State (delegated agencies) unavailability,
as there are performing testing activities during the Spring. Planned:
12/31/22
Recommendation: Develop a communication plan to make all state and
local agencies within Region 10 aware of EPA requirements and
guidance for conducting stack testing oversight.
Corrective Action: Region 10 will communicate information from
OECA and OAR as it become available. Planned: 5/31/22
19-P00318-168
Recommendation: Update and revise the 2010 Public Notification
Handbooks to include:
a. Public notice delivery methods that are consistent with regulations.
b. Information on modern methods for delivery of public notice.
c. Public notice requirements for the latest drinking water regulations.
d. Procedures for public water systems to achieve compliance after
violating a public notice regulation.
e. Up-to-date references to compliance assistance tools.
f. Additional resources for providing public notice in languages other
than English.
9/25/19
Corrective Action: EPA will revise the Public Notification Handbook.
Planned: 9/30/20
Recommendation: Update and revise the 2010 Revised State
Implementation Guidance for the Public Notification Rule to include:
a. Public notice delivery methods that are consistent with regulations.
b. Information on modern methods for delivery of public notice.
Corrective Action: EPA will revise the State Implementation Guidance
per OIG's recommendation. Planned: 9/30/22
20-P00012-180
Recommendation: Require circuit riders to include the pesticide needs
and risks of each tribe on their circuit in the development of their
priority-setting plans, which are a required component of tribal
pesticide enforcement cooperative agreements.
10/29/19
Corrective Action: OECA agrees to develop guidance which will
require circuit riders to include the needs and risks of each tribe on their
circuit in the development of priority-setting plans, which are required
component of tribal pesticide enforcement cooperative agreements.
(FINAL GUIDANCE). Planned: 12/31/22
Recommendation: Develop and implement tribal circuit rider guidance
for pesticide inspectors that includes expectation-setting and
communication with tribes that are being served under a tribal pesticide
enforcement cooperative agreement.
Corrective Action: OECA agrees to develop guidance which will
require circuit riders to include the needs and risks of each tribe on their
circuit in the development of priority-setting plans, which are required
component of tribal pesticide enforcement cooperative agreements.
(FINAL GUIDANCE). Planned: 12/31/22
Recommendation: Develop and implement regional processes to
receive feedback directly from tribes using pesticide circuit riders.
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Corrective Action: OECA agrees to develop guidance which will
require circuit riders to include the needs and risks of each tribe on their
circuit in the development of priority-setting plans, which are required
component of tribal pesticide enforcement cooperative agreements.
(FINAL GUIDANCE). Planned: 12/31/22
20-F00033-130
Recommendation: We recommend that the Chief Financial Officer
establish accounting models to properly classify and record interest,
fines, penalties and fees.
11/19/19
Corrective Action: 3.0 - The OCFO will work with the Office of Land
and Emergency Management to review the business process for e-
Manifest financial activities and develop a plan for recording the related
activities at the transactional level. Planned: 3/31/22
Recommendation: We recommend that the Chief Financial Officer
establish accounting models to properly record e-Manifest account
receivables and recognize earned revenue at the transaction level.
Corrective Action: 4.0 - The OCFO will work with the Office of Land
and Emergency Management to review the business process for e-
Manifest financial activities and develop a plan for recording the related
activities at the transactional level. Planned: 3/31/22
Recommendation: We recommend that the Chief Financial Officer
establish accounting models to properly record receivables, collections
and earned revenue from federal versus nonfederal vendors.
Corrective Action: 5.0 - The OCFO will work with the Office of Land
and Emergency Management to review the business process for e-
Manifest financial activities and develop a plan for recording the related
activities at the transactional level. Planned: 3/31/22
Recommendation: We recommend that the Chief Financial Officer
update the accounting models to properly record collections and not
reduce an account receivable account.
Corrective Action: 6.0 - The OCFO will work with the Office of Land
and Emergency Management to review the business process for e-
Manifest financial activities and develop a plan for recording the related
activities at the transactional level. Planned: 3/31/22
20-P00065-451
Recommendation: Revise EPA Manual 3130 A2, Recognition Policy
and Procedures Manual, to establish a methodology for determining
the equivalent value for time-off awards.
12/30/19
Corrective Action 1: The Agency will revise its awards manual to
incorporate guidance for determining an appropriate time-off award
amount based upon the employee's efforts and accomplishments related
to the award nomination. We agree with the Office of Mission
Support's estimated completion date of October 31, 2022, for the
awards manual update. Planned: 10/31/22
Recommendation: Establish internal control procedures to manage
time-off awards as part of EPA resource management.
Corrective Action 3: The Agency plans to review time-off award use as
part of its on-site human capital accountability reviews of program and
regional human resources operations. These reviews have been delayed
due to restrictions related to the coronavirus pandemic. We therefore
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agree with the Office of Mission Support's revised estimated
completion date to review time-off award use by June 30, 2022. The
Office of Mission Support instituted additional internal controls to
manage time-off award use:
• Time-off awards expire one year after effective date.
• Time-off awards combined with high-dollar cash awards require a
higher-level review by program management.
• Supervisors monitor time-off award balances using a leave earnings
and balance dashboard, which was developed in January 2021 by
EPA's payroll provider. Planned: 6/30/22
20-P00066-167
Recommendation: Maintain one official agencywide management and
tracking system for homeland security and emergency response
equipment that provides for the status, availability and acquisition costs
of all equipment.
1/3/20
Corrective Action: Establish AAMS as the agency wide system for
tracking personal property. Planned: 6/30/22
20-P00120-451
Recommendation: Develop and maintain an up-to-date inventory of the
software and associated licenses used within the organization.
3/25/20
Corrective Action: Establishing License Entitlement Inventory. The
agency is developing and deploying an enterprise Software Asset and
Configuration Management (SACM) capability that will align license
entitlement data with software inventories to fully realize the goal of
this recommendation. Planned:9/30/22
20-P00146-140
Recommendation: Implement a system that is accessible to both EPA
and the applicants to track the processing of all tribal-New-Source-
Review permits and key permit dates including application received,
application completed, draft permit issued, public comment period (if
applicable), and final permit issuance.
4/22/20
Corrective Action 1: OAR's Office of Air Quality Planning and
Standards (OAQPS) has already begun work on the Electronic Permit
System (EPS), which will include a module to receive and process
applications for the EPA-issued tribal new source review permits.
Specifically, this module will allow sources to submit electronic
applications for tribal minor NSR permits and then allow EPA staff to
process those applications in EPS. The system will allow EPA staff to
update the status of the application and permit to reflect when the
application is complete, the draft permit is issued, the beginning and
ending of the public comment period, and the issuance of the final
permit and response to public comments document. We anticipate
having a workable version of the EPA-issued permit module ready in
FY2021, Q2 and a finished product by the end of FY 2021.
Planned: 3/31/22
Recommendation: Establish and implement an oversight process to
verify that the regions update the permit tracking system on a periodic
basis with the correct and required information.
Corrective Action 2: Upon completion of the EPS, OAQPS will work
with the Regional offices to establish an oversight process to ensure
complete, consistent, and timely entry of data into the EPS.
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Planned: 3/31/22
Recommendation: Develop and implement a strategy to improve the
application process and permitting timeliness for tribal-New-Source-
Review permits, taking into consideration the findings and
recommendations from the Lean event. The strategy should include
procedures to measure results.
Corrective Action 3: As discussed during the LEAN Kaizen event,
OAQPS is currently working with the Regional offices on various
actions to improve the application process and permitting timelines for
all NSR permits, including tribal minor NSR permits. These actions
include: (1) standardizing the permitting procedures and application
forms used by the agency to streamline the permit application process,
and (2) tracking the effectiveness of the implementation of this and
other improvement actions identified at the LEAN event using permit
tracking flow boards and performance boards in every Region that
issues NSR permits. In addition, we also will draft an education and
communication strategy to reduce time-consuming back-and-forth
activity between the permit applicants and EPA during the application
process. Planned: 6/30/22
Recommendation: Provide guidance to the regions on how to accurately
determine and document the application completion date that should be
used for tracking the permitting process and assessing timeliness.
Corrective Action 4: OAQPS will meet with the Regional offices that
issue NSR permits to determine how they are currently determining
completeness of NSR permit applications. Based on this input, OAQPS
will then work with the Regions to standardize criteria to be used for
determining permit application complete date and its application to
permitting actions. Furthermore, OAQPS will periodically evaluate if
the Regions are implementing the criteria consistently.Planned: 3/31/22
Recommendation: Develop and implement a plan, in consultation with
the Office of Enforcement and Compliance Assurance and the EPA
regions, to periodically coordinate with tribes to identify facilities that
are operating in Indian Country without the required tribal-New-
Source-Review permit.
Corrective Action 5: OAQPS will work with OECA, the Regional
offices and Tribes to develop a plan to identify facilities that may be
subject to this program. Planned: 9/30/22
Recommendation: Develop and implement a plan, in consultation with
the Office of Enforcement and Compliance Assurance and the EPA
regions, to periodically conduct outreach to industry groups to educate
them on the tribal-New-Source-Review permit requirements for
facilities that are constructed or modified in Indian Country.
Corrective Action 6: OAQPS will work with OECA, the Regional
offices and Tribes to develop a plan to inform industry groups located
in Indian country about the tribal minor NSR permit requirements that
might be applicable to them. Planned: 9/30/22
20-P00173-1
Recommendation: Determine the extent and cause of the concerns
related to culture and "tone at the top," based on the indicators from the
5/20/20
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OIG's scientific integrity survey. Issue the results to all EPA staff and
make available to the public, including planned actions to address the
causes.
Corrective Action 1: We would first note that we cannot find the words
"tone at the top" being surveyed and find its use in quotes in this
recommendation unfortunate. EPA's Deputy Administrator, in
cooperation with EPA's Science Advisor, will work with the
Administrator to devise an action plan to address this recommendation.
EPA's Deputy Administrator, Science Advisor, Scientific Integrity
Committee will analyze the OIG scientific integrity survey, together
with previous surveys of EPA, EVS results, FMFIA reports and reports
of alleged violations of EPA's Scientific Integrity Policy to inform this
plan. Planned: 9/30/22
20-P00173-166
Recommendation: In coordination with the assistant administrator for
Mission Support, complete the development and implementation of the
electronic clearance system for scientific products across the Agency.
5/20/20
Corrective Action 6: OMS, ORD Office of Scientific Information
Management (OSIM), and the Scientific Integrity Committee will
coordinate to complete modification and Agency-wide implementation
of ORD's Scientific & Technical Information Clearance System
(STICS) to an agency-wide electronic clearance system for scientific
products across the Agency. The system will be consistent with the
Scientific Integrity Policy and our Best Practices document and with
the Agency's Plan to Increase Access to the Results of EPA-Funded
Scientific Research. Planned: 6/30/22
Recommendation: With the assistance of the Scientific Integrity
Committee, finalize and release the procedures for addressing and
resolving allegations of a violation of the Scientific Integrity Policy,
and incorporate the procedures into scientific integrity outreach and
training materials.
Corrective Action 7.1: The Agency will release the Procedures
document. It will be posted on the Agency's website
(https://www.epa.gov/osa/procedure-for-allegations).
Corrective Action 7.2: The Scl Program will create and release
appropriate outreach materials to ensure EPA employees and their
managers understand these procedures. Planned: 6/30/22
Recommendation: With the assistance of the Scientific Integrity
Committee, develop and implement a process specifically to address
and resolve allegations of Scientific Integrity Policy violations
involving high-profile issues or senior officials, and specify when this
process should be used.
Corrective Action 8: EPA will amend the procedures document
referenced in recommendation 7, to include a process to adjudicate
allegations of Scientific Integrity Policy violations involving high-
profile issues or senior officials in the Agency for which the Scientific
Integrity Official or Scientific Integrity Committee does not feel it can
adequately adjudicate via existing procedures and include an indicator
for when the process should be used. Planned: 6/30/22
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Recommendation: Develop and implement a strategic plan and
objectives for the agencywide Quality System
6/22/20
Corrective Action 1: Develop and implement a strategic plan and
objectives for the agencywide Qualitv Svstem. Planned: 12/31/21
20-P00236-360
Recommendation: Assist the State of Arkansas in developing and
submitting a state plan to implement the 2016 municipal solid waste
landfill Emission Guidelines. If Arkansas does not submit a state plan,
implement the federal plan for the 2016 municipal solid waste landfill
Emission Guidelines once the federal plan is effective.
07/30/20
Corrective Action 3.3: Review and take action on Arkansas' submittal
once received. Planned: 6/30/22
Corrective Action 3.4: If no state plan or federal plan delegation request
is submitted, or until EPA approves Arkansas' submittal, implement the
federal plan for the 2016 MSW landfills. Planned: 6/30/22
20-P00236-140
Recommendation: Develop and implement a process for the periodic
review of municipal solid waste landfill design capacity information
and Title V permit lists to identify municipal solid waste landfills with
design capacities over the applicable threshold that have not applied for
a Title V permit.
07/30/20
Corrective Action 4.1: Anticipated for completion by 12/31/22.
Planned: 12/31/22
20-P00245-451
Recommendation: We recommend that the assistant administrator for
Mission Support evaluate EPA's Intergovernmental Personnel Act
Policy and Procedures Manual (IPA), including the checklist, to
determine whether the required documents, the consequences for
noncompliance, the responsible offices, and the individual roles and
responsibilities remain relevant and appropriate, and update the Manual
accordingly.
8/10/20
Corrective Action 1: The Office of Human Resources (OHR) will
evaluate EPA's IPA policy manual, checklists, required documents, the
consequences of noncompliance, responsible offices, and relevance of
individual roles and responsibilities. OHR will enter a final draft in the
Directives Clearance process. Planned: 4/15/22
Recommendation: We recommend that the assistant administrator for
Mission Support strengthen controls throughout EPA's
Intergovernmental Personnel Act assignment process to verify that
required documents are properly submitted and maintained as required
by EPA's Intergovernmental Personnel Act Policy and Procedures
Manual (IPA) and that the consequence for nonsubmittal of required
documents is enforced.
Corrective Action 2: OHR will strengthen controls throughout the IPA
assignment process to verify required documents are properly submitted
and maintained, as stated in EPA's IPA policy manual, and the
consequences for nonsubmittal of required documents are enforced.
Planned:4//15/22
Recommendation: We recommend that the assistant administrator for
Mission Support strengthen controls over the tracking of EPA
employees on Intergovernmental Personnel Act assignments.
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Corrective Action 3: OHR will strengthen controls over the tracking of
EPA employees on IPA assignments. Planned: 1/15/22
20-E00332-167
Recommendation: Ensure that guidance and planning address
deployment of on-scene coordinators in the event of large incidents
during pandemics, including overcoming travel restrictions to respond
to large incidents.
9/28/20
Corrective Action 3: OLEM plans, within 6 months of post-pandemic
return to normal operations, to conduct and issue an after-action report
to evaluate the effectiveness of EPA emergency response activities
during the pandemic which will include an evaluation of response
readiness with respect to travel restrictions. Planned: 6/30/22
20-E00333-1
Recommendation: Develop and implement a plan to coordinate relevant
Agency program, regional, and administrative offices with the External
Civil Rights Compliance Office to develop guidance on permitting and
cumulative impacts related to Title VI.
9/28/20
Corrective Action: Anticipated for completion by 9/30/22. Planned:
9/30/22
20-E00333-162
Recommendation: Develop and implement a plan to complete
systematic compliance reviews to determine full compliance with the
Title VI program.
9/28/20
Corrective Action 2: Anticipated for completion by 9/30/22. Planned:
9/30/22
Recommendation: Verify that EPA funding applicants address potential
noncompliance with Title VI with a written agreement before the funds
are awarded.
Corrective Action 4: ECRCO will revise the 4700 review process (civil
rights form). Planned: 3/31/22
Recommendation: Determine how to use existing or new data to
identify and target funding recipients for proactive compliance reviews,
and develop or update policy, guidance, and standard operating
procedures for collecting and using those data.
Corrective Action 5: ECRCO will provide training to all staff in the 2nd
quarter on the 4700-4 revised process and will post technical assistance
video. With respect to other deliverables, ECRCO will conduct
training within 2 months of each deliverable. Planned: 3/31/22
Recommendation: Develop and deliver training for the deputy civil
rights officials and EPA regional staff that focuses on their respective
roles and responsibilities within EPA's Title VI program.
Corrective Action 6: OGC commits to developing and implementing
guidance on permitting and cumulative impacts related to Title VI. In
doing so, ECRCO will coordinate with the AO on the development and
implementation of its civil rights guidance and seek any appropriate AO
approval. Notably, ECRCO's efforts to strengthen civil rights
enforcement necessarily includes strengthening its relationship with
EPA's program and regional offices. Planned: 3/31/22
21-E00033-451
Recommendation: Develop and implement procedures that include
detailed requirements for planning and managing laboratory
consolidation efforts. Requirements should address developing master
12/7/20
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plans and programs of requirements, tracking and updating cost and
schedule estimates, and maintaining decisional documentation.
Corrective Action: We will continue to develop programs of
requirements documents per the requirements listed in EPA's National
Facilities Manual, Volume 2 and ensure all POR documents include an
overview of the project scope, objectives, requirements, performance
criteria, facility description and area requirements. We will ensure all
POR documents comply with the GAO cost estimating and assessment
guide. OMS will update the current cost and schedule tracking systems
and the current status of funds reporting process to include tracking
project cost accounting and schedule updates consistent with OMB's
Circular A123, as required. OMS will continue to report and document
consolidation decisions in the agency's annual Presidential budget
submission and the Federal Real Property Profile. Planned: 12/31/22
21-P00042-130
Recommendation: Adopt and implement policies and procedures on
military leave and pay requirements that comply with 5 U.S. C. §§5538,
6323, and 5519.
12/28/20
Corrective Action 1.2: The OCFO will determine what system changes
may be necessary to update PeoplePlus or make other changes in
support of internal controls, where feasible, to comply with any policies
and procedures related to military leave and pay policy. Planned:
4/30/22
Corrective Action 1.3: If changes are feasible and necessary, the OCFO
will develop a schedule for implementation. Planned: 4/30/22
Recommendation: Provide resources for supervisors, timekeepers, and
reservists on their roles and responsibilities related to military leave
under the law and Agency policies.
Corrective Action 2.2: The OCFO will provide PeoplePlus training to
support roles and responsibilities related to military leave and pay
policy. Planned: 4/30/22
Recommendation: Establish and implement internal controls that will
allow the Agency to monitor compliance with applicable laws, federal
guidance, and Agency policies, including periodic internal audits of all
military leave, to verify that (a) charges by reservists are correct and
supported and (b) appropriate reservist differential and military offset
payroll audit calculations are being requested and performed.
Corrective Action 3.2: The OCFO will work with the Interior Business
Center, EPA's payroll provider, to ensure the necessary timecard
corrections identified by the OMS periodic audit were made by the
employee and approved by the supervisor in accordance with agency
policy. The OCFO will provide a report to the OMS confirming
timecard corrections identified by the OMS periodic audit were made
by the employee and approved by the supervisor for the OMS to
distribute to the appropriate offices. Planned: 6/30/22
Recommendation: Require reservists to correct, and supervisors to
approve, military leave time charging errors in PeoplePlus that have
been identified during the audit or as part of the Agency's actions
related to Recommendations 5 and 6.
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Corrective Action 4.0: The OCFO will work with the agency's payroll
provider to confirm the necessary time charging errors identified in the
audit were corrected by the employee and approved by the supervisor;
and the OCFO will then provide a report to the OMS confirming the
necessary time charging errors identified in the audit were corrected by
the employee and approved by the supervisor for the OMS to distribute
to the appropriate offices. Planned: 3/31/22
Recommendation: Recover the approximately $11,000 in military pay
related to unsupported 5 U.S.C. § 6323(a) military leave charges unless
the Agency can obtain documentation to substantiate the validity of the
reservists' military leave.
Corrective Action 5.2: Where applicable, the OCFO will recover any
unsupported leave charges for out-of-service debt. Planned: 12/30/22
21-P00042-130
Recommendation: Submit documentation for the reservists' military
leave related to the approximately $118,000 charged under 5 U.S.C. §
6323(b) to EPA's payroll provider so that it may perform payroll audit
calculations and recover any military offsets that may be due.
12/28/20
Corrective Action 6.2: The OCFO will recover any unsupported leave
charges for out-of-service debt. Planned: 12/30/22
Recommendation: Identify the population of reservists who took unpaid
military leave pursuant to 5 U.S.C. § 5538 and determine whether those
reservists are entitled to receive a reservist differential. Based on the
results of this determination, take appropriate steps to request that
EPA's payroll provider perform payroll audit calculations to identify
and pay the amounts that may be due to reservists.
Corrective Action 7.2: For amounts due to reservists who are no longer
EPA employees, the OCFO will coordinate with the IBC on the
amounts due. Planned: 8/29/22
Recommendation: For the time periods outside of the scope of our audit
(pre-January 2017 and post-June 2019), identify the population of
reservists who charged military leave under 5 U.S.C. § 6323(b) or
6323(c), and determine whether military offset was paid by the
reservists. If not, review reservists' military documentation to
determine whether payroll audit calculations are required. If required,
request that EPA's payroll provider perform payroll audit calculations
to identify and recover military offsets that may be due from the
reservists under 5 U.S.C. §§ 6323 and 5519.
Corrective Action 8.2: For any unsupported leave charges, The OMS
will coordinate with the IBC to initiate the process to recover any
military offsets. The OCFO will recover any unsupported leave charges
for out-of-service debt. Planned: 8/29/22
Recommendation: Report all amounts of improper payments resulting
from paid military leave for inclusion in the annual Agency Financial
Report, as required by the Payment Integrity Information Act of 2019.
Corrective Action 9.0: The OCFO will report any paid military leave
amounts identified as an improper payment(s) within the annual
Agency Financial Report for the applicable fiscal year; and the OCFO
also will perform an internal control review on military leave pay
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during the FY 2021 A-123 Internal Review period and report any
identified improper payment amounts in the FY 2021 AFR. Planned:
12/1/22
21-P00042-451
Recommendation: Adopt and implement policies and procedures on
military leave and pay requirements that comply with 5 U.S. C. §§5538,
6323, and 5519.
12/28/20
Corrective Action 1.1: The OMS will update policy and finalize
procedures to comply with statutory requirements. Planned: 4/30/22
Recommendation: Provide resources for supervisors, timekeepers, and
reservists on their roles and responsibilities related to military leave
under the law and Agency policies.
Corrective Action 2.1: The OMS will update policy and finalize
procedures to comply with statutory requirements. Planned: 4/30/22
Recommendation: Establish and implement internal controls that will
allow the Agency to monitor compliance with applicable laws, federal
guidance, and Agency policies, including periodic internal audits of all
military leave, to verify that (a) charges by reservists are correct and
supported and (b) appropriate reservist differential and military offset
payroll audit calculations are being requested and performed.
Corrective Action 3.1: The OMS will conduct periodic human capital
audits to ensure compliance with the updated military leave policy.
Planned: 6/30/22
Recommendation: Require reservists to correct, and supervisors to
approve, military leave time charging errors in PeoplePlus that have
been identified during the audit or as part of the Agency's actions
related to Recommendations 5 and 6.
Corrective Action 4.1: The OCFO will work with the agency's payroll
provider to confirm the necessary time charging errors identified in the
audit were corrected by the employee and approved by the supervisor;
and the OCFO will then provide a report to the OMS confirming the
necessary time charging errors identified in the audit were corrected by
the employee and approved by the supervisor for the OMS to distribute
to the appropriate offices. Planned: 6/30/22
Recommendation: Recover the approximately $11,000 in military pay
related to unsupported 5 U.S.C. § 6323(a) military leave charges unless
the Agency can obtain documentation to substantiate the validity of the
reservists' military leave.
Corrective Action 5.1: For any unsupported leave charges, the OMS
will coordinate with the IBC, the agency's payroll provider, to initiate
the process to recover the military pay, and where applicable, the
OCFO will recover any unsupported leave charges for out-of-service
debt. Planned: 5/31/22
Recommendation: Submit documentation for the reservists' military
leave related to the approximately $118,000 charged under 5 U.S.C. §
6323(b) to EPA's payroll provider so that it may perform payroll audit
calculations and recover any military offsets that may be due.
Corrective Action 6.1: The OMS will work with EPA's programs and
regions to collect documentation related to the identified military leave
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charges. For any unsupported leave charges, the OMS will coordinate
with the IBC to initiate the process to recover any military offsets.
Planned: 5/31/22
21-P00042-451
Recommendation: Identify the population of reservists who took unpaid
military leave pursuant to 5 U.S.C. § 5538 and determine whether those
reservists are entitled to receive a reservist differential. Based on the
results of this determination, take appropriate steps to request that
EPA's payroll provider perform payroll audit calculations to identify
and pay the amounts that may be due to reservists.
12/28/20
Corrective Action 7.1: The OCFO will provide the OMS with the
population of reservists charging military leave. The OMS will conduct
a review of this population to determine which items need to be
provided to the IBC for audit calculation of whether military offsets
were paid accurately. Planned: 9/30/22
Recommendation: For the time periods outside of the scope of our audit
(pre-January 2017 and post-June 2019), identify the population of
reservists who charged military leave under 5 U.S.C. § 6323(b) or
6323(c), and determine whether military offset was paid by the
reservists. If not, review reservists' military documentation to
determine whether payroll audit calculations are required. If required,
request that EPA's payroll provider perform payroll audit calculations
to identify and recover military offsets that may be due from the
reservists under 5 U.S.C. §§ 6323 and 5519.
Corrective Action 8.1: The OCFO will provide the OMS with the
population of reservists charging military leave. The OMS will conduct
a review of this population to determine which items need to be
provided to the IBC for audit calculation of whether military offsets
were paid accurately. Planned: 9/30/22
Corrective Action 8.2: For any unsupported leave charges, The OMS
will coordinate with the IBC to initiate the process to recover any
military offsets. The OCFO will recover any unsupported leave charges
for out-of-service debt. Planned: 9/30/22
21-F00045-130
Recommendation: Strengthen and improve the preparation and
management review of the financial statements so that errors and
misstatements are detected and corrected.
1/5/21
Corrective Action: The agency has implemented numerous actions in
FY 2020 which will improve the preparation and review of financial
statements, including a new financial statement preparation checklist
and software package. The agency will continue to review its processes
for preparing financial statements and identify additional improvements
to strengthen the preparation process further. In addition, the agency
will prepare and release all component statement audits at the same
time to allow for uniform footnote disclosures and to ensure that
accrual adjustments are applied in the same manner for all statements.
Planned: 3/31/22
Recommendation: Analyze adjustments and corrections to the financial
statements so that such adjustments are appropriate, accurate, and
properly supported by documentation.
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Corrective Action: The agency makes every effort to ensure that
adjustments and corrections appropriate, accurate, and properly
supported, however, in addition to the actions taken under
recommendation one, we will continue to review with staff the need to
include more of the supporting analysis and rationale behind the
adjustments made and the accounting basis for them. Management
reviews of journal vouchers will continue, and additional training will
be provided as needed. Planned: 3/31/22
Recommendation: Record accounts receivable and earned revenue in
the appropriate fiscal year.
Corrective Action: The FY 2019 adjustments were completed prior to
issuance of the final financial statements. Monthly reconciliations will
be performed to ensure the accounts receivable and earned revenue are
recorded in the appropriate period. Planned: 3/31/22
Recommendation: In coordination with the assistant administrator for
Land and Emergency Management, analyze e-Manifest billings so that
accounts receivable and earned revenue are recorded accurately.
Corrective Action: Monthly reconciliation will be performed to ensure
the accounts receivable and earned revenue are recorded accurately.
Planned: 3/31/22
21-E00072-164
Recommendation: Develop program objectives and measures and
implement data-collection processes to determine the risk-reduction and
pollution-prevention outcomes of the Special Local Needs program.
2/10/21
Corrective Action: 40 CFR 162.154(c) requires EPA to make a final
decision on disapproval of a State registration, and provide written
notification thereof to the State, within 90 days of the effective date of
the registration. To implement Recommendation 1, OCSPP will
undertake a data review effort to assess how the Agency's review
process is performing on the requirement to either disapprove or
acknowledge a 24(c) action within 90 days. Data collection will be
undertaken for 12 months, followed by an evaluation of the collected
data. Using this data, by July 1, 2022, OCSPP will develop a
performance measure to track how the program is performing relative
to the 90-day response timeline in 40 C.F.R. 162. The measure will
include data on the performance of the office regarding this timing goal.
This analysis will inform OCSPP on whether it is necessary to make
changes to the review process to achieve the 90-day requirement.
Planned: 7/1/22
21-P00094-451
Recommendation: Create a software license inventory policy, which
will include identifying the number of licenses, license-counts
authorized, overall costs of licenses, maintenance fees, and contracts
used for each licensed software. Track and report savings produced by
software licensing inventory and report the savings as part of the Office
of Management and Budget's annual Spend Under Management data.
03/10/21
Corrective Action 10: Create a software license inventory policy, which
will include identifying the number of licenses, license-counts
authorized, overall costs of licenses, maintenance fees, and contracts
used for each licensed software. Track and report savings produced by
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software licensing inventory and report it as part of the U.S. Office of
Management and Budget's annual Spend Under Management data.
Planned: 12/31/22
21-P00114-167
Recommendation: Develop and implement controls to verify that the
Resource Conservation and Recovery Act referrals to the Superfund
program are added to Superfund Enterprise Management System for
further Superfund program attention, as necessary.
3/29/21
Corrective Action: OLEM/OSRTI will: (1) update the Superfund
Program Implementation Manual (SPIM) as appropriate to include
clearer timelines on updating the RCRAInfo identification number
currently tracked in the Superfund Enterprise Management System
(SEMS); (2) verify sites referred from RCRA to Superfund are added to
SEMS for further Superfund program attention, as necessary; and (3)
revise OSRTI-managed SEMS public search tools and publicly
available SEMS computer reports to include the SEMS RCRAInfo
identification number variable. Planned: 3/31/22
Recommendation: Develop and implement controls to verify that the
Superfund program deferrals to the Resource Conservation and
Recovery Act are added to RCRAInfo for further Resource
Conservation and Recovery Act attention, as necessary.
Corrective Action: OLEM/ORCR will (1) evaluate the existing policies
and process for Superfund deferrals to RCRA; (2) identify gaps; and,
(3) identify corrective measures, as needed, to meet program needs,
such as identifying Superfund program deferrals to RCRA in
RCRAInfo. Planned: 9/30/23
Recommendation: Develop and maintain a crosswalk of Superfund
Enterprise Management System and corresponding RCRAInfo
identification numbers.
Corrective Action: OLEM will work with EPA's Facility Registry
Service (FRS) team in OMS-EI to create and maintain a solution which
allows users to obtain the crosswalk of SEMS and RCRAInfo
identification numbers. Planned: 12/31/22
Recommendation: Develop and implement controls to identify and
eliminate overlap of environmental indicators between Resource
Conservation and Recovery Act Corrective Action and Superfund
Programs and include this information in public queries, such as
Cleanups in My Community.
Corrective Action 6.1: OLEM will standardize communications on the
Cleanups in My Community webpage regarding the intersection of
RCRA Corrective Action and Superfund cleanup programs, including
environmental indicator designations at sites. Planned: 6/30/22
Corrective Action 6.2: OLEM will implement controls to check
between programs when environmental indicators are established in the
future to prevent double-counting and inconsistencies. Planned: 3/31/23
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GAO-
06-148
2006-
01-04
The Adminislralor, LPA. should Lake a
number of steps to further protect the
American public from elevated lead
levels in drinking water. Specifically,
to improve EPA's ability to oversee
implementation of the lead rule and
assess compliance and enforcement
activities, EPA should ensure that data
on water systems' test results,
corrective action milestones, and
violations are current, accurate, and
complete.
LPA and GAO conlmuc lo engage on llns
topic. The agency expects that the
modernized SDWIS database will have
the necessary information and an efficient
mechanism to evaluate if data are current,
accurate, and complete. In December
2021, EPA requested closure of this
recommendation.
GAO-
08-440
2008-
03-07
To develop timely chemical risk
information that EPA needs to
effectively conduct its mission, the
Administrator, EPA, should require
the Office of Research and
Development to re-evaluate its draft
proposed changes to the IRIS
assessment process in light of the
issues raised in this report and ensure
that any revised process periodically
assesses the level of resources that
should be dedicated to this significant
program to meet user needs and
maintain a viable IRIS database.
From FY 2018-2021, the IRIS Program
capacity has remained unchanged
(approximately 40 assessment FTE, $11
million/FY). The Program has sufficient
staff and budgetary resources to advance
the 17 chemical assessments as prioritized
by EPA program and regional offices and
as listed on the IRIS Program Outlook.
See documentation provided on July 15,
2021. EPA is engaging in an ongoing
series of IRIS briefings with the GAO and
parties are coming closer to agreement.
GAO-
11-381
2011-
06-17
To improve EPA's ability to oversee
the states' implementation of the Safe
Drinking Water Act and provide
Congress and the public with more
complete and accurate information on
compliance, the Administrator of EPA
should resume data verification audits
to routinely evaluate the quality of
selected drinking water data on health-
based and monitoring violations that
the states provide to EPA. These
audits also should evaluate the quality
of data on the enforcement actions that
states and other primacy agencies have
taken to correct violations.
EPA and GAO continue to engage on this
topic. The agency expects that the
modernized SDWIS database will have
the necessary information and an efficient
mechanism to evaluate if data are current,
accurate, and complete. In December
2021, EPA requested closure of this
recommendation.
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GAO-
11-381
2011-
06-17
To improve EPA's ability to oversee
the states' implementation of the Safe
Drinking Water Act and provide
Congress and the public with more
complete and accurate information on
compliance, the Administrator of EPA
should work with the states to
establish a goal, or goals, for the
completeness and accuracy of data on
monitoring violations. In setting these
goals, EPA may want to consider
whether certain types of monitoring
violations merit specific targets. For
example, the agency may decide that a
goal for the states to completely and
accurately report when required
monitoring was not done should differ
from a goal for reporting when
monitoring was done but not reported
on time.
EPA and GAO continue to engage on this
topic. The agency expects that the
modernized SDWIS database will have
the necessary information and an efficient
mechanism to evaluate if data are current,
accurate, and complete. In December
2021, EPA requested closure of this
recommendation.
GAO-
12-42
2011-
12-09
To better ensure the credibility of IRIS
assessments by enhancing their
timeliness and certainty, the EPA
Administrator should require the
Office of Research and Development,
should different time frames be
necessary, to establish a written policy
that clearly describes the applicability
of the time frames for each type of
IRIS assessment and ensures that the
time frames are realistic and provide
greater predictability to stakeholders.
The IRIS Integrated Assessment Plans and
Systematic Review Protocols document
extensively, considerations which inform
the timelines presented in the IRIS
Program Outlook. In addition to scientific
considerations, timelines presented in the
Program Outlook also reflect the needs of
the nominating program and regions.
Updates to the timelines occur at least
three times a year (February, June,
October). The most recent October 20201
Program Outlook lists all 157 ongoing
IRIS chemical assessments. EPA is
engaging in an ongoing series of IRIS
briefings with the GAO and parties are
coming closer to agreement.
GAO-
12-791
2012-
09-26
To enhance federal agencies' ability to
realize enterprise architecture benefits,
the Secretaries of the Departments of
Agriculture, the Air Force, the Army,
Commerce, Defense, Education,
Energy, Homeland Security, the
Interior, Labor, the Navy, State,
Transportation, the Treasury, and
Veterans Affairs; the Attorney
General; the Administrators of the
Environmental Protection Agency,
General Services Administration,
Closed - Not Implemented
In an effort to reduce the reporting burden
on agencies, OMB stopped requiring
agency reports of enterprise architecture
outcomes. Implementation is no longer
required.
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National Aeronautics and Space
Administration, and Small Business
Administration; the Commissioners of
the Nuclear Regulatory Commission
and Social Security Administration;
and the Directors of the National
Science Foundation and the Office of
Personnel Management should fully
establish an approach for measuring
enterprise architecture outcomes,
including a documented method (i.e.,
steps to be followed) and metrics that
are measurable, meaningful,
repeatable, consistent, actionable, and
aligned with the agency's enterprise
architecture's strategic goals and
intended purpose.
GAO-
12-791
2012-
09-26
To enhance federal agencies' ability to
realize enterprise architecture benefits,
the Secretaries of the Departments of
Agriculture, the Air Force, the Army,
Commerce, Defense, Education,
Energy, Homeland Security, the
Interior, Labor, the Navy, State,
Transportation, the Treasury, and
Veterans Affairs; the Attorney
General; the Administrators of the
Environmental Protection Agency,
General Services Administration,
National Aeronautics and Space
Administration, and Small Business
Administration; the Commissioners of
the Nuclear Regulatory Commission
and Social Security Administration;
and the Directors of the National
Science Foundation and the Office of
Personnel Management should
periodically measure and report
enterprise architecture outcomes and
benefits to top agency officials (i.e.,
executives with authority to commit
resources or make changes to the
program) and to OMB.
Closed - Not Implemented
In an effort to reduce the reporting burden
on agencies, OMB stopped requiring
agency reports of enterprise architecture
outcomes. Implementation is no longer
required.
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GAO-
13-145
2013-
08-08
To improve EPA's management of the
conditional registration process, the
Administrator of EPA should direct
the Director of the Office of Pesticide
Programs to complete plans to
automate data related to conditional
registrations to more readily track the
status of these registrations and related
registrant and agency actions and
identify potential problems requiring
management attention.
This work is planned for completion by
December 31, 2022.
GAO-
13-249
2013-
03-22
To better position EPA to collect
chemical toxicity and exposure-related
data and ensure chemical safety under
existing TSCA authority, while
balancing its workload, and to better
position EPA to ensure chemical
safety under existing TSCA authority,
the Administrator of EPA should
direct the appropriate offices to
develop strategies for addressing
challenges that impede the agency's
ability to meet its goal of ensuring
chemical safety. At a minimum, the
strategies should address challenges
associated with: (1) obtaining toxicity
and exposure data needed to conduct
ongoing and future TSCA Work Plan
risk assessments, (2) gaining access to
toxicity and exposure data provided to
the European Chemicals Agency, (3)
working with processors and
processor associations to obtain
exposure-related data, (4) banning or
limiting the use of chemicals under
section 6 of TSCA and planned
actions for overcoming these
challenges—including a description of
other actions the agency plans to
pursue in lieu of banning or limiting
the use of chemicals, and (5)
identifying the resources needed to
conduct risk assessments and
implement risk management decisions
in order to meet its goal of ensuring
chemical safety.
In 2021, the GAO narrowed their focus to
Item #5 of the recommendation. OCSPP
met with GAO in January 2022 to provide
an update regarding resources and risk
management.
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GAO-
13-369
2013-
05-10
To ensure that EPA maximizes its
limited resources and addresses the
statutory, regulatory, and
programmatic needs of EPA program
offices and regions when IRIS toxicity
assessments are not available, and
once demand for the IRIS Program is
determined, the EPA Administrator
should direct the Deputy
Administrator, in coordination with
EPA's Science Advisor, to develop an
agencywide strategy to address the
unmet needs of EPA program offices
and regions that includes, at a
minimum: (1) coordination across
EPA offices and with other federal
research agencies to help identify and
fill data gaps that preclude the agency
from conducting IRIS toxicity
assessments, and (2) guidance that
describes alternative sources of
toxicity information and when it
would be appropriate to use them
when IRIS values are not available,
applicable, or current.
Although EPA and GAO were at an
impasse regarding implementation of this
recommendation, the recent and ongoing
series of IRIS briefings with the GAO
enabled the two parties to reach an
agreement. The agency anticipates closure
of this recommendation by Q4 of FY
2022.
GAO-
14-413
To ensure the effective management
of software licenses, the Administrator
of the Environmental Protection
Agency should develop an agency-
wide comprehensive policy for the
management of software licenses that
addresses the weaknesses we
identified.
The agency developed and implemented
the Software Asset Management (SAM)
tool in CY 2021. Population of the tool,
communication across the agency, and
training are ongoing. The agency
anticipates completion of the effort on
September 30, 2022. Once completed, the
agency will work to develop a
comprehensive policy that addresses the
centralized management of licenses.
GAO-
14-65
2013-
11-06
To improve the agency's
implementation of Portfolio Stat, the
Administrator of the Environmental
Protection Agency should direct the
CIO to develop a complete commodity
IT baseline.
In December 2021, EPA provided
documentation supporting full
implementation of this recommendation.
The agency requested closure.
GAO-
14-65
2013-
11-06
To improve the agency's
implementation of Portfolio Stat, in
future reporting to OMB, the
Administrator of the Environmental
Protection Agency should direct the
CIO to fully describe the following
EPA considers this recommendation
implemented. The agency has made
tremendous progress in reducing
Commodity IT expenditures by
developing and implementing Commodity
IT Enterprise Shared Services.
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Portfolio Stat action plan elements: (1)
consolidate commodity IT spending
under the agency CIO; (2) establish
targets for commodity IT spending
reductions and deadlines for meeting
those targets; and (3) establish criteria
for identifying wasteful, low-value, or
duplicative investments.
Additionally, the agency has 3
mechanisms that identify wasteful, low-
value, or duplicative investments.
Information Technology (IT) Portfolio
Reviews (ITPRs) is an annual IT portfolio
review of each of the 22 Programs and
Regions. EPA considers this
recommendation to be fully implemented
and requested closure.
GAO-
14-65
2013-
11-06
To improve the agency's
implementation of Portfolio Stat, the
Administrator of the Environmental
Protection Agency should direct the
CIO to report on the agency's progress
in consolidating the managed print
services and strategic sourcing of end
user computing to shared services as
part of the OMB integrated data
collection quarterly reporting until
completed.
In December 2020, EPA provided
documentation of the requests that were
used to purchase the tools needed to
complete the enterprise upgrades noted in
GAO's report as well as Performance
Statement. The agency requested closure
of the recommendation.
GAO-
14-80
2013-
12-05
To enhance the likelihood that
TMDLs support the nation's waters'
attainment of water quality standards
and to strengthen water quality
management, the Administrator of
EPA should develop and issue new
regulations requiring that TMDLs
include additional elements—and
consider requiring the elements that
are now optional—specifically,
elements reflecting key features
identified by NRC as necessary for
attaining water quality standards, such
as comprehensive identification of
impairment and plans to monitor water
bodies to verify that water quality is
improving.
EPA maintains that the actions taken to
strengthen the TMDL program satisfy the
intent of the recommendation. However,
the agency is reviewing and considering
recent feedback from GAO.
GAO-
15-617
2015-
09-15
To improve the agency's IT savings
reinvestment plans, the Administrator
of the Environmental Protection
Agency should direct the CIO to
ensure that the agency's integrated
data collection submission to OMB
includes, for all reported initiatives,
complete plans to reinvest any
resulting cost savings and avoidances
EPA developed a recommended
Reinvestment Plan and delivered a CIO
Reinvestment Plan decision brief on
12/09/21. The agency is establishing an
implementation plan and timeline based
on CIO guidance.
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from OMB-directed IT reform-related
efforts.
GAO-
16-530
2016-
07-14
The EPA Administrator should direct
OGD and program and regional
offices, as appropriate, as part of
EPA's ongoing streamlining initiatives
and the development of a grantee
portal, once EPA's new performance
system is in place, to ensure that the
Office of Water adopts software tools,
as appropriate, to electronically
transfer relevant data on program
results from program-specific
databases to EPA's national
performance system.
The BFS Performance Results Data Entry
Import feature was deployed for use in
April 2021, followed by training for
potential users. System data shows that the
new feature is in use. The agency
requested closure of this recommendation.
GAO-
16-530
2016-
07-14
The EPA Administrator should direct
OGD and program and regional
offices, as appropriate, as part of
EPA's ongoing streamlining initiatives
and the development of a grantee
portal, to expand aspects of EPA's
policy for certain categorical grants,
specifically, the call for an explicit
reference to the planned results in
grantees' work plans and their
projected time frames for completion,
to all grants.
EPA is considering a grantee web-based
portal. The agency will continue to
provide progress updates to auditors.
GAO-
16-79
2015-
11-19
To better monitor and provide a basis
for improving the effectiveness of
cybersecurity risk mitigation
activities, informed by the sectors'
updated plans and in collaboration
with sector stakeholders, the
Administrator of the Environmental
Protection Agency should direct
responsible officials to develop
performance metrics to provide data
and determine how to overcome
challenges to monitoring the water and
wastewater systems sector's
cybersecurity progress.
In FY 2021, the Water Sector
Coordinating Council conducted a
cybersecurity survey of the water sector.
This survey included performance metrics.
In addition, EPA has been conducting
cybersecurity assessments at individual
water and wastewater utilities using
technical assistance providers. These
assessments also use cybersecurity
performance metrics. The agency
requested closure.
GAO-
17-424
2017-
09-01
The Assistant Administrator for Water
of EPA's Office of Water and the
Assistant Administrator of EPA's
Office of Enforcement and
Compliance Assurance should develop
a statistical analysis that incorporates
EPA has a continuing dialogue
surrounding this topic with GAO. The
agency expects the modernized SDWIS
database will have the necessary
information and an efficient mechanism to
evaluate if data are current, accurate, and
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multiple factors-including those
currently in SDWIS/Fed and others
such as the presence of lead pipes and
the use of corrosion control—to
identify water systems that might pose
a higher likelihood for violating the
LCR once complete violations data are
obtained, such as through SDWIS
Prime.
complete. EPA requested closure of the
recommendation.
GAO-
18-148
2017-
11-07
The Administrator of the
Environmental Protection Agency
(EPA) should ensure that the CIO of
EPA establishes an agency-wide
policy and process for the CIO's
certification of major IT investments'
adequate use of incremental
development, in accordance with
OMB's guidance on the
implementation of FITARA, and
confirm that it includes: a description
of the CIO's role in the certification
process; a description of how CIO
certification will be documented; and
a definition of incremental
development and time frames for
delivering functionality, consistent
with OMB guidance.
On 3/2/22, EPA submitted documentation
supporting full implementation and
requested closure.
GAO-
18-410
2018-
07-12
The Director, working with the Study,
should ensure that as the Study
finalizes its reporting format, it fully
incorporates leading practices of
performance reporting.
EPA submitted supporting documentation
and a request for closure in December
2022. On 3/3/22, GAO alerted EPA that
the recommendation is in review for
closure.
GAO-
18-453
2018-
07-19
The EPA Region 10 Administrator
should work with the management
conference on future updates to the
CCMP to help prioritize among the
indicators that currently lack
measurable targets and ensure that
such targets are developed for the
highest priority indicators where
possible.
The Puget Sound Partnership (NEP)
continues to be on schedule to finalize
their next CCMP by summer 2022. The
document will include updated vital
signs/measures and associated indicators.
The agency will request closure at that
time.
GAO-
18-93
2018-
08-02
The Administrator of the
Environmental Protection Agency
should ensure that the agency's IT
management policies address the role
of the CIO for key responsibilities in
the six areas we identified.
EPA provided documentation supporting
agency actions to define CIO role and key
responsibilities. Awaiting GAO feedback.
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GAO-
19-22
2019-
03-20
The Administrator of the
Environmental Protection Agency
should develop a documented policy
or clarify existing policy to implement
the statutory requirement to consult
with ANCs on the same basis as
Indian tribes under Executive Order
13175.
EPA held EPA's Grants Webinar for
Tribes as previously reported, from which
materials were made available to tribes.
OITA has completed and made available
OMB-required funding award Merit
Review Checklists for General Assistance
Program (GAP), Performance Partnership
Grants (PPGS), and Direct
Implementation Tribal Cooperative
Agreements (DITCAS) in 2021. Merit
Review Checklists were created for all
EPA tribal, and other, funding award
programs by the respective EPA offices
and are available. The agency requested
closure.
GAO-
19-280
2019-
07-08
The EPA Administrator should direct
EPA officials responsible for
appointing advisory committee
members to follow a key step in its
appointment process—developing and
including draft membership grids in
appointment packets with staff
rationales for proposed membership—
for all committees.
EPA considers this recommendation to be
fully implemented and requested closure
of this recommendation.
GAO-
19-280
2019-
07-08
EPA's Designated Agency Ethics
Official should direct EPA's Ethics
Office, as part of its periodic review of
EPA's ethics program, to evaluate—
for example, through audits or spot-
checks—the quality of financial
disclosure reviews for special
government employees appointed to
EPA advisory committees.
Implementation of an electronic financial
disclosure reporting system for special
government employees is expected to be
complete by the end of FY 2022.
GAO-
19-384
2019-
07-25
The Administrator of EPA should
establish a process for conducting an
organization-wide cybersecurity risk
assessment.
EPA is engaged with a third Party
Federally Funded Research Development
Corporation (FFRDC) to help develop and
an organizational wide cybersecurity risk
assessment. This process is expected to
begin developmental Q3 FY 2022 with the
intent of executing Q3 FY 2023.
GAO-
19-384
2019-
07-25
The Administrator of EPA should
fully establish and document a process
for coordination between
cybersecurity risk management and
enterprise risk management functions.
EPA is updating current processes for
Enterprise Risk Management and
Cybersecurity Risk Assessment to build
out a single Enterprise Risk Management
Program starting in Spring FY 2022.
Implementation is planned for Q2 FY
2023.
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GAO-
19-543
2019-
09-16
The Administrator of EPA, as chair of
the working group, should develop
guidance for agencies on what they
should include in their environmental
justice strategic plans.
The Environmental Justice Interagency
Working Group (EJ IWG) no longer
exists, and federal environmental justice
efforts are being organized under the
Council on Environmental Quality (CEQ)
under Executive Order 14008. EPA is
working with CEQ to carry out three main
efforts under the Executive Order: develop
an environmental justice screening tool,
identify funding opportunities, and
identify areas to update the previous
Executive Order 12898.
GAO-
19-543
2019-
09-16
The Administrator of EPA, as chair of
the working group, should develop
guidance or create a committee of the
working group to develop guidance on
methods the agencies could use to
assess progress toward their
environmental justice goals.
The Environmental Justice Interagency
Working Group (EJ IWG) no longer
exists, and federal environmental justice
efforts are being organized under the
Council on Environmental Quality (CEQ)
under Executive Order 14008. EPA is
working with CEQ to carry out three main
efforts under the Executive Order: develop
an environmental justice screening tool,
identify funding opportunities, and
identify areas to update the previous
Executive Order 12898.
GAO-
19-543
2019-
09-16
The Administrator of EPA, as chair of
the working group, and in consultation
with the working group, should clearly
establish, in its organizational
documents, strategic goals for the
federal government's efforts to carry
out the 1994 Executive Order.
The Environmental Justice Interagency
Working Group (EJ IWG) no longer
exists, and federal environmental justice
efforts are being organized under the
Council on Environmental Quality (CEQ)
under Executive Order 14008. EPA is
working with CEQ to carry out three main
efforts under the Executive Order: develop
an environmental justice screening tool,
identify funding opportunities, and
identify areas to update the previous
Executive Order 12898.
GAO-
19-543
2019-
09-16
The Administrator of EPA, as chair of
the working group, and in consultation
with the other working group
members, should update the 2011
Memorandum of Understanding and
renew the agencies' commitments to
participate in the interagency
collaborative effort and the working
group.
The Environmental Justice Interagency
Working Group (EJ IWG) no longer
exists, and federal environmental justice
efforts are being organized under the
Council on Environmental Quality (CEQ)
under Executive Order 14008. EPA is
working with CEQ to carry out three main
efforts under the Executive Order: develop
an environmental justice screening tool,
identify funding opportunities, and
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identify areas to update the previous
Executive Order 12898.
GAO-
20-126
2019-
12-12
The Administrator of EPA should
update security plan for the selected
operational system to identify a
description of security controls, and
the individual reviewing and
approving the plan and date of
approval.
The DWCMS SSP has been updated to
reflect the missing information, including
a description of security controls, and the
individual reviewing and approving the
plan and date of approval.
GAO-
20-126
2019-
12-12
The Administrator of EPA should
update the security assessment report
for the selected operational system to
identify the summarized results of
control effectiveness tests.
The latest SAR for DWCMS has been
updated. This SAR identifies and provides
details (Appendix A) as well as the
summarized results of control
effectiveness tests as a part of the security
assessment for the system.
GAO-
20-126
2019-
12-12
The Administrator of EPA should
update the list of corrective actions for
the selected operational system to
identify the specific weakness,
estimated funding and anticipated
source of funding, key remediation
milestones with completion dates,
changes to milestones and completion
dates, and source of the weaknesses.
EPA is in the process of updating the
POAM item. Program Office has
completed its remediation efforts. OISP
validating POA&M can be closed
GAO-
20-126
2019-
12-12
The Administrator of EPA should
prepare the letter authorizing the use
of cloud service for the selected
operational system and submit the
letter to the FedRAMP program
management office.
EPA's CIO issued a memo granting the
ATO for DWCMS on August 28, 2019.
GAO-
20-126
2019-
12-12
The Administrator of EPA should
develop guidance requiring that cloud
service authorization letter be
provided to the FedRAMP program
management office.
EPA has an SOP, dated November 12,
2019, for submitting agency ATO letters
to FedRAMP
GAO-
20-129
2019-
10-30
The Administrator of the
Environmental Protection Agency
should ensure that the agency fully
implements each of the eight key IT
workforce planning activities it did not
fully implement.
EPA considers this recommendation to be
fully implemented. The agency requested
closure.
GAO-
20-24
2020-
01-16
The Director of Water Security of
EPA, as Chair of the Water Sector
Government Coordinating Council,
should work with the council to
identify existing technical assistance
providers and engage these providers
EPA continues to work across the water
sector and with its established network to
provide technical assistance, knowledge,
financing, and other tools to ensure
investments made in water infrastructure
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in a network to help drinking water
and wastewater utilities incorporate
climate resilience into their projects
and planning on an ongoing basis.
are sustainable and resilient in the long
term.
GAO-
20-299
2020-
02-25
The Administrator of the
Environmental Protection Agency
should take steps to consult with
respective sector partner(s), such as
the SCC, DHS, and NIST, as
appropriate, to collect and report
sector-wide improvements from use of
the framework across its critical
infrastructure sector using existing
initiatives.
EPA consulted with sector partners,
including the Water Sector Coordinating
Council and DHS, to collect and report
sector wide improvements from use of the
Framework. The agency continues to
coordinate with DHS to address this
recommendation.
GAO-
20-597
2020-
09-28
The Assistant Administrator of the
Office of Water should develop an
agreement with HHS's Offices of
Child Care and Head Start on their
roles and responsibilities in
implementing the Memorandum of
Understanding on Reducing Lead
Levels in Drinking Water in Schools
and Child Care Facilities. For
example, these agreements may
include the ways in which guidance
and information will be shared with
states and Head Start grantees, such as
through webinars or email, and how
frequently.
EPA continues to disagree with the need
for this recommendation because the
action requested is being implemented in
coordination with the HHS and 13 other
federal and non-federal partners
committed to the reduction of lead levels
in drinking water in schools. In support of
this position, the agency provided
documentation titled "EPA Efforts to
Implement the Memorandum of
Understanding on Reducing Lead in
Schools and Child Care Facilities and
Child Care Facilities in Drinking Water"
that offers more detail of EPA's efforts
related to reduce lead levels in schools &
childcare facilities.
GAO-
20-597
2020-
09-28
The Assistant Administrator of the
Office of Water should direct the
Office of Water to specify how it will
track progress toward the outcomes of
the Memorandum of Understanding
on Reducing Lead Levels in Drinking
Water in Schools and Child Care
Facilities and determine how it will
regularly monitor and update the
MOU. For example, the Office of
Water could develop performance
measures for each of the MOU's
outcomes. In addition, the Office of
Water could submit annual reports on
progress toward achieving the MOU's
outcomes or it could plan to update the
agreement at specific intervals.
EPA continues to disagree with the need
for this recommendation because the
action requested is being implemented in
coordination with the HHS and 13 other
federal and non-federal partners
committed to the reduction of lead levels
in drinking water in schools. The agency
shared documents with GAO titled "EPA
Efforts to Implement the Memorandum of
Understanding on Reducing Lead in
Schools and Child Care Facilities and
Child Care Facilities in Drinking Water"
and "Chronological List of Activities
Underway to Address the
Recommendations" which provide more
details associated with these efforts.
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GAO-
20-73
2019-
10-18
The Administrator of EPA should
clarify how EPA's actions to manage
risks to human health and the
environment from the potential
impacts of climate change effects at
nonfederal NPL sites align with the
agency's current goals and objectives.
OLEM will ensure its actions to address
climate change effects at nonfederal NPL
sites align with the goals and objectives in
the FY 2022-2026 EPA Strategic Plan.
GAO-
20-81
2019-
11-21
The Environmental Protection Agency
Administrator should evaluate training
needs for agency officials or others
involved in reviewing the merits of
researchers' data management plans
and, if additional training is found to
be warranted, develop and provide
such training.
Instructional and training materials were
shared EPA-wide through the intranet site
and through the Public Access Forum
members. Additionally, EPA's Science
and Technology Policy Council agreed to
a recommendation by the agency's Public
Access Forum to reconstitute a training
workgroup. The training workgroup is
charged with reviewing existing training
materials, evaluating gaps, and developing
and disseminating new training materials.
EPA requested closure of this
recommendation.
GAO-
20-95
2020-
01-31
The Assistant Administrator for EPA's
Office of Enforcement and
Compliance Assurance should clearly
document in guidance to the regional
offices how they should use the
definition of informal enforcement
actions to collect data on these actions.
The updated guidance is currently under
review with agency leadership. The
document focuses on key terms used in
EPA's enforcement program. The
principal purpose is to promote
consistency and clarity in the use of these
terms, which will support EPA's efforts to
use, report, track, and measure the
deployment of enforcement response tools
and their utility in expeditiously returning
facilities to compliance. EPA plans to
complete implementation in 2022.
GAO-
20-95
2020-
01-31
The Assistant Administrator for EPA's
Office of Enforcement and
Compliance Assurance should clearly
document in guidance to the regional
offices that they should collect data on
compliance assistance activities and
specify which mechanism to use to
maintain the data, such as ICIS.
OECA is tracking compliance assistance
activities for the National Compliance
Initiatives (NCI). Reporting of NCI
compliance assistance accomplishments
are included in the NCI End of Year
reporting process. Entering the data into
ICIS is voluntary.
GAO-
20-95
2020-
01-31
The Assistant Administrator for EPA's
Office of Enforcement and
Compliance Assurance should include
the known limitations of data in its
annual reports and provide
information on the intended use of
EPA's data.
In the fiscal year 2020 Enforcement
Annual results report/website, the agency
created and provided a webpage to
describe how best to interpret the data
presented in its "Fiscal Year EPA
Enforcement and Compliance Annual
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Results." EPA requested closure of this
recommendation.
GAO-
21-
103181
2021-
09-21
The Administrator of EPA should
fully describe available public
comment data, including any
limitations, to external users of the
data. This should include coordination
with GSA, as the manager of
Regulations.gov, as appropriate.
EPA met with GSA and other federal
agencies identified in the GAO report.
EPA is updating the website to include
additional information on the availability
of public comment data.
GAO-
21-12
2021-
01-21
The Administrator of EPA should
direct its chemical safety and security
programs to collaborate with partners
and establish an iterative and ongoing
process to identify the extent to which
the facilities that it regulates are also
covered by the CFATS program.
EPA collaborated with DHS to draft a
joint interagency procedure. DHS, EPA,
DOT, and ATF are all signatories to the
final document. DHS will provide the
interagency document and request for
closure of the recommendation on behalf
of all four agencies following final
signature.
GAO-
21-12
2021-
01-21
EPA should collaborate with the
DHS's Cybersecurity and
Infrastructure Security Agency to
assess the extent to which potential
security gaps exist at water and
wastewater facilities and, if gaps exist,
develop a legislative proposal for how
best to address them and submit it to
the Secretary of Homeland Security
and Administrator of EPA, and
Congress, as appropriate.
EPA agrees with this recommendation and
is coordinating with DHS to address
implementation.
GAO-
21-150
2020-
10-20
The Associate Administrator of EPA's
Office of Congressional and
Intergovernmental Relations should
update Performance Partnership Grant
(PPG) best practices guidance for
tribes to clarify, for EPA and tribal
staff, how PPGs operate, including
that tribes may use PPG funds for any
activity that is eligible under any grant
eligible for inclusion in PPGs.
EPA maintains that OCIR's National
Program Guidance (NPG) serves as the
main document to communicate the
agency's operational priorities, strategies,
and performance measures. Due in part to
the findings of GAO's report, OCIR will
include more foundational guidance
related to PPGs in its FY 2023-2024 NPG.
The FY 2023-2024 NPG also will cite
different reference resources including the
best practices guide; a group of regional
and headquarters staff is working to revise
the best practices guide with the goal of
posting the revised guides in Spring of
2022.
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GAO-
21-150
2020-
10-20
The Director of EPA's Office of
Grants and Debarment, working with
each region's grant management
office, should develop and nationally
distribute onboarding materials for
grant specialists and project officers
new to working with Indian tribes that
includes guidance specific to working
with tribes and tribal grants.
OGD reviewed existing training and
consulted with partners to determine
training needs. OGD is now working to
update existing training that will include
information on issues unique to working
with tribal grants.
GAO-
21-150
2020-
10-20
The Principal Deputy Assistant
Administrator of EPA's Office of Air
and Radiation, the Assistant
Administrator of EPA's Office of
Water, and the Director of EPA's
American Indian Environmental
Office should update and nationally
distribute guidance for project officers
and tribes that clarifies documentation
requirements and eligibility definitions
for quality assurance project plans and
the Indian Environmental General
Assistance Program.
QAPP Review Process: The QAPP for
Grants Project work is ongoing. The
streamlining process has primarily
implemented through EPA's E-Enterprise
Leadership Council. General Assistance
Program: The GAP program work is
ongoing. The program is currently
developing a new Guidance (to update
2013 Guidance) and a new allocation
formula, both of which will clarify
eligibility, funding levels, and other
requirements.
GAO-
21-156
2020-
12-18
The Administrator should direct the
Assistant Administrator of the Office
of Research and Development to
provide more information publicly
about where chemical assessments are
in the development process, including
internal and external steps in the
process, and changes to assessment
milestones.
The IRIS Program updated the IRIS
chemical landing pages to reflect the
current step of the process for each
assessment (e.g., Agency Review,
Interagency Review). EPA and GAO have
a continuing dialogue regarding the
remaining steps toward closure.
GAO-
21-156
2020-
12-18
The Administrator should direct the
Assistant Administrators of program
offices and Regional Administrators to
develop and make available guidance
for chemical assessment nominations.
Such guidance could include
information such as how to select
chemicals for IRIS assessment
nomination or for high priority needs,
criteria explaining how Assistant and
Regional Administrators determine
which nominations to support and
which they may choose not to support,
and how to document these decisions.
In February 2022 EPA and GAO
consulted regarding the path to closure of
this recommendation. Implementation is
currently in process.
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GAO-
21-156
2020-
12-18
The Administrator should direct the
Assistant Administrator of the Office
of Research and Development to issue
criteria for how chemical assessment
nominations are selected for inclusion
in the IRIS Program's list of
assessments in development and
provide quality information about
such topics as defining high-priority
chemicals, prioritizing assessment
work, and determining the IRIS
Program's capacity to undertake work.
EPA provided documentation supporting
full implementation to GAO in March
2022. The agency requested closure.
GAO-
21-156
2020-
12-18
The Administrator of EPA should
direct the Office of Research and
Development to continue evaluating
the survey process used to solicit IRIS
user needs and assess key elements,
such as its purpose and timing, to
facilitate the collection of quality
information.
EPA provided documentation supporting
full implementation to GAO in March
2022. The agency requested closure.
GAO-
21-156
2020-
12-18
The Administrator of EPA should
include in ORD's strategic plan (or
subsidiary strategic plans)
identification of EPA's universe of
chemical assessment needs; how the
IRIS Program is being resourced to
meet user needs; and specific
implementation steps that indicate
how IRIS will achieve the plan's
objectives, such as specific metrics to
define progress in meeting user needs.
EPA has partially implemented this
recommendation and is meeting regularly
with auditors in 2022 to address the
remaining aspects.
GAO-
21-
164SU
2020-
10-27
Recommendations from this restricted
report are not publicly available.
Not Publicly Available
GAO-
21-290
2021-
07-12
The Assistant Administrator of EPA's
Office of Enforcement and
Compliance Assurance should revise
its guidance to select files for its State
Review Framework assessments of
state-reported data to incorporate
statistically valid probability
sampling.
EPA agrees with this recommendation.
The agency will complete decisions
related to the State Review Framework
file sampling methodology by 3/31/23.
GAO-
21-290
2021-
07-12
The Assistant Administrator of EPA's
Office of Enforcement and
Compliance Assurance should ensure
that consolidated, complete, and
updated information on all data
The agency plans to complete this
consolidation by 9/30/22.
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limitations is disclosed on the State
Water Dashboard.
GAO-
21-290
2021-
07-12
The Assistant Administrator of EPA's
Office of Enforcement and
Compliance Assurance should develop
a plan to determine the overall
accuracy and completeness of the
permit limit and discharge monitoring
report data recorded in its national
database.
The agency is addressing this
recommendation with a two-phase plan: 1)
EPA will continue to work with states to
identify and correct problems that prevent
proper transfer of discharge monitoring
report data to the Integrated Compliance
Information System. NPDES and work to
maximize the amount of discharge
monitoring report data and all necessary
permit limit data in the system. 2) The
agency will develop a methodology to
examine the accuracy of the discharge
monitoring report and permit limit data
received by the ICIS-NPDES system from
authorized states. Completion is estimate
for 2025.
GAO-
21-290
2021-
07-12
The Assistant Administrator of EPA's
Office of Enforcement and
Compliance Assurance should develop
a performance measure to track the
reduction in pollutant discharges
resulting from enforcement actions for
facilities in significant noncompliance
and disclose any limitations.
The agency is addressing recommendation
in two ways: 1) EPA will continue to
report annually the Estimated Water
Pollutants resulting from enforcement
actions (Estimated Water Pollutants
Reduced, Treated or Eliminated for the
Clean Water Act NPDES Program) in the
Enforcement and Compliance Annual
Results that also will include a page
identifying data limitations. 2) The agency
will develop a methodology and outcome
measure for tracking the extent to which
the significant noncompliance national
compliance initiative achieves reductions
in illegal pollutant discharges. EPA
anticipates the implementation of this new
measure by 12/31/22.
GAO-
21-291
2021-
03-26
The Assistant Administrator for EPA's
Office of Water should develop
definitions for all utility ownership
types for regional offices and states to
use when entering data on ownership
type in EPA's Safe Drinking Water
Information System and should verify
and correct the data as needed.
EPA generally agrees that it would be
useful to conduct another CWSS to collect
updated information on drinking water
utilities. The updated information could be
used, along with other sources such as
contaminant occurrence data and peer
reviewed studies on contaminant health
effects and treatment technologies, to
inform EPA's regulatory activities as well
as other efforts.
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GAO-
21-291
2021-
03-26
The Assistant Administrator for EPA's
Office of Water should conduct
another Community Water System
Survey to establish an updated,
accurate baseline of drinking water
utility information for rulemaking and
other purposes.
EPA does not require water system
ownership information for the
implementation of SDWA. However, EPA
and its partners in SDWA implementation
find value in improving the clarity and
accuracy of information on the
characteristics of public water systems.
The agency is currently working to
modernize SDWIS and plans to
incorporate the definitions for the six
ownership categories into the updated
version of SDWIS. EPA requested closure
of this recommendation.
GAO-
21-38
2020-
11-12
The Assistant Administrator of EPA's
Office of Air and Radiation, in
consultation with state and local
agencies, should develop, make
public, and implement an asset
management framework for
consistently sustaining the national
ambient air quality monitoring system.
Such a framework could be designed
for success by considering the key
characteristics of effective asset
management described in our report,
such as identifying the resources
needed to sustain the monitoring
system, using quality data to manage
infrastructure risks, and targeting
resources toward assets that provide
the greatest value.
EPA continues to engage with state, tribal,
and local partners on planning and
establishing an asset management plan.
The agency expects to roll out a proposed
approach on asset management during
2022 for stakeholder feedback and
estimates plan completion in 2023.
GAO-
21-38
2020-
11-12
The Assistant Administrator of EPA's
Office of Air and Radiation, in
consultation with state and local
agencies and other relevant federal
agencies, should develop and make
public an air quality monitoring
modernization plan to better meet the
additional information needs of air
quality managers, researchers, and the
public. Such a plan could address the
ongoing challenges in modernizing the
national ambient air quality
monitoring system by considering
leading practices, including
establishing priorities and roles,
assessing risks to success, identifying
the resources needed to achieve goals,
EPA worked with stakeholders to initiate
planning for a modernization strategy.
Coinciding with this initial work, EPA
received funds through the American
Rescue Plan (ARP) for enhanced air
quality monitoring. In the planning for
distribution of ARP funds, EPA
considered the GAO call for
modernization in the planning of a grant
competition and direct awards for air
monitoring agencies. EPA plans to engage
stakeholders in both large and small
groups during 2022 to continue to map out
what modernization looks like for all
parties. This critical information will
inform the priorities for the modernization
strategy.
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and measuring and evaluating
progress.
GAO-
21-413
2021-
06-30
The Administrator of the
Environmental Protection Agency
should ensure that collaboration
occurs between the SBIR program
office and the Office of Inspector
General to establish fraud indicators
and train applicants.
EPA agrees with this recommendation and
is working with the Office of Inspector
General to review Small Business
Innovation Research program fraud
indicators and modify materials currently
used for training applicants as necessary.
The estimated completion date is 12/1/22
GAO-
21-42
2020-
11-24
The Administrator of the
Environmental Protection Agency
should take additional steps to
complete and document a fraud risk
profile for the purchase card program
that aligns with the leading practices
in the Fraud Risk Framework and
includes an assessment of how, if at
all, the risk profile differs for purchase
card use in support of disaster
response.
On 2/4/22 GAO confirmed that this
recommendation is considered fully
implemented and scheduled for formal
closure.
GAO-
21-63
2021-
01-15
The Assistant Administrator for EPA's
Office of Enforcement and
Compliance Assurance should
coordinate with states to collect
information on the use of the
designated representative, either
through its annual cooperative
agreement work plans with states or
another mechanism. The collection of
information on use could include
consistently compiling the information
obtained through inspections across
states—specifically, whether
farmworkers are using designated
representatives and whether farmers
are providing the information to the
designated representatives within the
time frames required by the WPS.
EPA considers this recommendation to be
fully implemented and has requested
closure. GAO is currently reviewing.
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GAO-
21-63
2021-
01-15
The Director for EPA's Office of
Pesticide Programs should, in the
agency's guidance, on its website, or
through another mechanism, explain
EPA's expectations about the
appropriate use of the pesticide
information obtained by a designated
representative, including describing
potential misuse of such information.
The agency coordinated with the
Association of American Pest Control
Officials - State FIFRA Issues Research
and Evaluation Group (AAPCO/SFIREG)
to provide information on their members'
use of the designated representative
provision. AAPCO/SFIREG received
responses from twenty-seven states, one
tribe and the District of Columbia.
According to the respondents to the
AAPCO/SFIREG questions, there was
compliance with the designated
representative provision in their states.
However, some respondents thought
additional training and compliance
assistance materials could be helpful. Full
implementation is anticipated by January
2023.
GAO-
21-78
2020-
12-18
EPA's Assistant Administrator for
Water should develop guidance for
water systems that outlines methods to
use ACS data and, where available,
geospatial lead or other data to
identify high-risk locations in which to
focus lead reduction efforts, including
tap sampling and lead service line
replacement efforts.
The agency is currently developing
guidance on lead service line replacement.
This guidance will include, but is not
limited to, information on selecting
inventory format such as a map, as well as
multiple factors to consider for prioritizing
the investigation of Lead Status Unknown
service lines. EPA will share the guidance
with GAO when it is finalized.
GAO-
21-78
2020-
12-18
EPA's Assistant Administrator for
Water should incorporate use of (1)
ACS data on neighborhood
characteristics potentially associated
with the presence of lead service lines
and (2) geospatial lead data, when
available, into EPA's efforts to
address the Federal Action Plan to
Reduce Childhood Lead Exposures
and Associated Health Impacts.
The LCRR's requirement for water
systems to create inventories of LSLs will
allow communities to overlay LSL
locations with ACS data, including EPA's
EJ Screen tool, to assess the presence of
LSLs in relation to neighborhood
characteristics. EPA issued a Federal
Register Notice on 12/17/21 summarizing
the input from the public engagements and
announcing the conclusion of the LCRR
review.
GAO-
21-78
2020-
12-18
EPA's Assistant Administrator for
Water should develop a strategic plan
that meets the WIIN Act requirement
for providing targeted outreach,
education, technical assistance, and
risk communication to populations
affected by the concentration of lead
in public water systems, and that is
The agency developed a strategic plan that
meets the WIIN Act requirements under
SDWA 1414(c)(5). EPA continues to
focus on implementation of
communication and lead reduction efforts
for vulnerable populations and
disadvantaged communities.
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fully consistent with leading practices
for strategic plans.
GAO-
21-82
2020-
12-09
The Assistant Administrator for EPA's
Office of Enforcement and
Compliance Assurance should
communicate final guidance for future
national initiative cycles to all states
before the effective date of the
national initiatives.
OECA communicated the final National
Initiative guidance to all states as in the
fall of 2020. The next National Initiative
cycle will begin in FY 2024 and OECA
will continue the practice.
GAO-
21-82
2020-
12-09
The Assistant Administrator for EPA's
Office of Enforcement and
Compliance Assurance should
incorporate lessons learned from the
initial effort to engage earlier and
more continuously with states when
developing the office's plan for how
EPA will work with states on future
national initiatives.
OECA will incorporate lessons learned
from working with states during the FY
2020 - 2023 cycle into the upcoming cycle
beginning in FY 2024.
GAO-
21-82
2020-
12-09
The Assistant Administrator for EPA's
Office of Enforcement and
Compliance Assurance should ensure
that officials document the outcomes
of EPA's primary method of assessing
enforcement and compliance activities
at the regional level—in-person and
videoconference meetings—including
progress toward performance goals
that support the agency's strategic
objectives.
EPA considers this recommendation to be
fully implemented and has requested
closure.
GAO-
21-87
2020-
12-18
The Director of EPA's Office of
Resource Conservation and Recovery
should develop an implementation
plan for conducting a study and
developing recommendations for
administrative or legislative action
regarding the effect of existing public
policies, and the likely effect of
modifying or eliminating such
incentives and disincentives, upon the
reuse, recycling, and conservation of
materials, as required by RCRA.
The agency provided the National
Recycling Strategy and implementation
roadmap to GAO in a December 2021
update. GAO is currently reviewing the
implementation plan.
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GAO-
21-87
2020-
12-18
The Director of EPA's Office of
Resource Conservation and Recovery
should develop an implementation
plan for conducting a study and
developing recommendations for
administrative or legislative action
regarding the necessity and method of
imposing disposal or other charges on
packaging, containers, vehicles, and
other manufactured goods to reflect
the cost of final disposal, the value of
recoverable components of the item,
and any social costs associated with
nonrecycling or uncontrolled disposal,
as required by RCRA.
The agency provided the National
Recycling Strategy and implementation
roadmap to GAO in a December 2021
update. GAO is currently reviewing the
implementation plan.
GAO-
21-87
2020-
12-18
The Director of EPA's Office of
Resource Conservation and Recovery
should, while EPA finalizes and
implements its national recycling
strategy, incorporate desirable
characteristics for effective national
strategies, including (1) identifying the
resources and investments needed, and
balancing the risk reductions with
costs; (2) clarifying the roles and
responsibilities of participating
entities; and (3) articulating how it
will implement the strategy and
integrate new activities into existing
programs and activities.
The agency provided the National
Recycling Strategy and implementation
roadmap to GAO in a December 2021
update. GAO is currently reviewing the
implementation plan.
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Working Capital Fund
In FY 2023, the Agency will be in its 27th year of operation of the Working Capital Fund (WCF).
The WCF is a revolving fund authorized by law to finance a cycle of operations in which the costs
for goods or services provided are charged to the users. The WCF operates like a commercial
business within EPA where customers pay for services received, thus generating revenue.
Customers include EPA program and regional offices and other federal agencies. The WCF
mechanism provides an efficient method for a full cost approach to agency programs. EPA's WCF
was implemented under the authority of Section 403 of the Government Management Reform Act
of 1994 and the Omnibus Consolidated Appropriations Act of 1997. EPA received permanent
WCF authority in the Department of Interior and Related Agencies Appropriations Act of 1998.
The Modernizing Government Technology (MGT) Act18 provided additional authority for
information technology development activities in agency working capital funds.19
EPA's Chief Financial Officer (CFO) initiated the WCF in FY 1997 as part of an effort to: 1) be
accountable to agency offices, the Office of Management and Budget, and Congress; 2) increase
the efficiency of the administrative services provided to program offices; and 3) increase customer
service and responsiveness. The Agency has a WCF Board which provides policy and planning
oversight and advises the CFO regarding the WCF financial position. The Board, chaired by a
management representative within the Office of the Chief Financial Officer, is comprised of 22
voting members from program and regional offices.
In FY 2023, there will be 15 core agency activities provided under the WCF. These are the
Agency's information technology services, agency postage, Cincinnati voice services, background
investigations, enterprise human resources IT services, systems development, and facilities
alterations managed by the Office of Mission Support; financial and administrative systems,
employee relocations, and a budget formulation system managed by the Office of the Chief
Financial Officer; the Agency's Continuity of Operations (COOP) site managed by the Office of
Land and Emergency Management; regional information technology service and support managed
by EPA Region 8; legal services managed by the Office of General Counsel; and multimedia
services, and agency servicing contracts managed by the Office of the Administrator.
The Agency's FY 2023 budget request includes resources for these 15 core activities in each
National Program Manager's submission, totaling approximately $414 million. These estimated
resources may be adjusted during the year to incorporate any program office's additional service
needs during the operating year. To the extent these increases are subject to Congressional
reprogramming notifications, the Agency will comply with all applicable requirements. In FY
2023, the Agency will continue to perform relocation services for other federal agencies, delivering
high quality services external to EPA.
The Agency anticipates that there may be minor increases and decreases in FY 2023 due to several
IT improvements, including increased cloud computing, improved network infrastructure,
cybersecurity requirements, continuous diagnostic and mitigation program implementation, and
18 The MGT Act was enacted as part of the Fiscal Year 2018 National Defense Authorization Act on December 12, 2017.
19 EPA determined that the Agency's existing WCF meets the requirements of the MGT Act. EPA's WCF provides a range of
integral IT infrastructure, application, and hosting services. In addition, EPA's WCF possesses the structure and governance
framework to satisfy the requirements for the Technology Modernization Fund (TMF) identified in the MGT Act.
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discovery services. Other funding shifts have been included in the FY 2023 WCF plan that relate
to the necessary telecommunications and computer support needed by every employee. As part of
an overall review and rebalancing of these costs, funds have been shifted across programs to reflect
FTE changes as well.
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Index
Acquisition Management.... 183, 189, 423, 565, 569, 629, 681, 684, 689, 1086, 1115, 1118, 1119
Acronyms for Statutory Authority 1027, 1063
Administrative Law 182, 188, 385, 387, 1054, 1076, 1115
Administrative Provisions 561, 899, 1027, 1080, 1124
Advanced Drinking Water Technologies 732, 739, 862, 1120
Agency Financial Report 977, 1153
Alternative Dispute Resolution 40, 182, 188, 388, 392, 565, 568, 622, 1115, 1118
Analytical Methods 162, 598, 1035
Annual Performance Report 977
Audits, Evaluations, and Investigations 543, 544, 545, 546, 565, 568, 570, 571, 1117
B
Beach / Fish Programs 183, 190,515, 1116
Brownfields x, 57, 181, 185, 186, 191, 192, 193, 194, 549, 659, 731, 738, 745, 746, 807, 808,
809, 964, 993, 1037, 1063, 1066, 1075, 1086, 1093, 1114, 1120
Brownfields Projects 194, 731, 738, 746, 807, 1120
CASTNET 73, 74, 75, 76, 198, 200, 792
Categorical Grant
Beaches Protection 731, 741, 743, 1122
Brownfields 731, 741, 745, 1122
Environmental Information 731, 741, 748, 1122
Lead 731,741,756, 1121
Multipurpose Grants 731, 741, 759, 1122
Nonpoint Source (Sec. 319) 731, 740, 761, 1121
Pesticides Enforcement 731, 741, 765, 1121
Pesticides Program Implementation 731, 741, 767, 1121
Pollution Control (Sec. 106) 731, 740, 772, 1121
Pollution Prevention 731, 741, 777, 1121
Public Water System Supervision (PWSS) 731, 740, 780, 1121
Radon 731,740, 783, 1121
Toxics Substances Compliance 741, 1121
Tribal Air Quality Management 731, 741, 791, 1122
Tribal General Assistance Program 731, 741, 794, 1121
Underground Injection Control (UIC) 731, 797
Underground Storage Tanks 731, 741, 799, 1121
Wetlands Program Development 731, 741, 801, 1121
Categorical Grants 482, 731, 733, 740, 741, 742, 743, 745, 748, 752, 756, 757, 759, 761, 765,
767, 772, 777, 780, 783, 785, 789, 791, 794, 797, 799, 801, 1121, 1122
Central Planning, Budgeting, and Finance 183, 189, 427, 565, 569, 633, 635, 681, 683, 691, 899,
1115, 1118, 1119, 1122
Chesapeake Bay ix, 268, 269, 270
Children/Other Sensitive Populations
Agency Coordination 182, 188, 327, 1115
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Civil Enforcement v, 40, 93, 181, 187, 247, 248, 250, 254, 681, 683, 686, 709, 711, 717, 718,
1075, 1086, 1099, 1114, 1119
Civil Rights / Title VI Compliance 1086
Clean Air Allowance Trading Programs 67, 69, 73, 74, 76, 181, 186, 196, 197, 198, 199, 200,
1112, 1113
Clean Air and Climate 69, 70, 73, 77, 80, 83, 186, 196, 202, 215, 220, 230, 236, 1112, 1113
Clean and Safe Water vii, 17, 19, 21, 49, 50, 71, 175, 179, 190, 268, 271, 274, 277, 280, 286,
290, 293, 296, 508, 511, 515, 517, 527, 530, 542, 741, 743, 761, 772, 780, 797, 801, 811, 813,
818, 824, 826, 832, 834, 836, 838, 840, 842, 844, 846, 848, 850, 852, 854, 856, 858, 860, 862,
864, 866, 868, 870, 872, 874, 876, 878, 880, 882, 884, 886, 894, 972, 973, 974, 987, 1113,
1117, 1122
Clean and Safe Water Technical Assistance Grants 71, 179, 190, 542, 741, 1113, 1117, 1122
Climate Protection Program ii, 25, 77, 202
Commission for Environmental Cooperation (CEC) 363, 367, 1030, 1051
Communities iv, vi, vii, ix, 17, 19, 20, 21, 22, 30, 31, 35, 36, 44, 45, 49, 50, 54, 55, 56, 66, 68,
73, 80, 97, 105, 111, 114, 116, 118, 120, 167, 169, 171, 175, 179, 192, 193, 196, 204, 210,
215, 220, 230, 236, 250, 259, 261, 268, 271, 274, 277, 278, 280, 286, 290,293, 296, 304, 311,
313, 316, 318, 320, 323, 338, 351, 388, 390, 391, 414, 420, 450, 466, 469, 474, 499, 503, 508,
511, 515, 517, 527, 530, 542, 557, 566, 588, 594, 597, 601, 604, 622, 649, 657, 663, 664, 666,
668, 669, 672, 673, 681, 695, 700, 701, 703, 706, 707, 709, 720, 726, 732, 739, 743, 745, 746,
748, 751, 752, 761, 772, 780, 783, 785, 791, 797, 799, 801, 807, 808, 811, 813, 818, 824, 826,
830, 832, 833, 834, 836, 838, 840, 842, 844, 846, 848, 850, 852, 854, 856, 858, 860, 862, 864,
866, 868, 870, 872, 874, 876, 878, 880, 882, 884, 886, 894, 901, 918, 928, 949, 951, 957, 964,
965, 966, 972, 973, 974, 1059, 1060, 1066, 1099, 1120
Compliance v, 17, 19, 21, 37, 38, 39, 41, 42, 77, 93, 128, 136, 181, 186, 238, 239, 240, 241, 242,
243, 244, 247, 250, 252, 255, 344, 346, 356, 388, 390, 391, 393, 394, 396, 434, 504, 520, 521,
549, 565, 568, 577, 578, 581, 584, 587, 591, 622, 638, 672, 674, 686, 704, 709, 711, 713, 714,
717, 731, 765, 774, 789, 799, 918, 920, 928, 952, 953, 962, 969, 973, 992, 1008, 1012, 1013,
1017, 1027, 1037, 1047, 1049, 1066, 1073, 1075, 1078, 1086, 1087, 1095, 1098, 1105, 1106,
1114, 1117, 1119, 1142, 1151, 1170, 1174
Compliance Monitoring, v, 181, 186, 239, 240, 520, 521, 565, 568, 578, 709, 711, 714, 765, 774,
789, 1027, 1086, 1106, 1114, 1117, 1119
Computational Toxicology 71, 1018, 1076, 1113
Congressional Priorities 68, 178, 184, 541, 1122
Congressionally Mandated Projects 741
Connection to Publicly Owned Treatment Works 732, 740, 872, 1121
Coronavirus 1063
COVID47, 73, 76, 86, 106, 131, 262, 263, 323, 327, 365, 390, 399, 409, 419, 451, 549, 550, 574,
720, 786, 836, 921, 937, 947, 978, 987, 988, 993, 995, 999, 1000, 1003, 1004, 1005, 1008,
1009, 1010, 1013, 1017, 1018, 1021, 1022, 1106, 1107, 1109
Covid-19 704
Criminal Enforcement v, 41, 93, 181, 187, 252, 253, 254, 565, 568, 581, 582, 584, 718, 1048,
1075, 1086, 1099, 1114, 1117
D
Decontamination 101
Diesel Emissions Reduction Grant Program 731, 739, 804, 1120
1183
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Drinking Water Infrastructure Resilience and Sustainability 732, 739, 838, 1120
Drinking Water Programs 52, 68, 71, 175, 183, 190, 312, 517, 798, 833, 835, 837, 839, 846, 848,
850, 852, 854, 856, 858, 860, 862, 883, 1034, 1086, 1113, 1116
E
Ecosystems 183, 272, 507
eEnterprise 1073
E-Enterprise 240, 963, 1008, 1172
El Paso 370
Electronic Reporting 239, 240, 335, 494, 608, 775
Eliminated Programs 1027, 1123
E-Manifest 899
Endocrine Disruptors 71, 183, 189,479, 1113, 1116
Enforcementv, 30, 31, 36, 40, 41, 67, 70, 92, 93, 95, 136, 181, 186, 187, 239, 240, 244, 246, 247,
252, 253, 254, 255, 343, 346, 356, 390, 391, 414, 547, 549, 550, 565, 567, 568, 572, 574, 580,
581, 582, 584, 587, 588, 589, 590, 591, 681, 683, 685, 686, 709, 711, 714, 716, 717, 718, 765,
774, 918, 953, 1027, 1047, 1048, 1049, 1050, 1054, 1066, 1075, 1095, 1099, 1104, 1105,
1112, 1114, 1117, 1118, 1119, 1170, 1174
Enforcement Training 1054
Enforcing Environmental Laws 1104
Enhanced Aquifer Use and Recharge 732, 740, 880, 1121
Ensure Safe Water 71, 175, 190,515,517, 1113, 1116
Environmental Education 180, 182, 188, 272, 331, 332, 333, 337, 1065, 1073, 1115
Environmental Justice...i, iii, iv, 17, 19, 21, 30, 31, 32, 33, 34, 35, 36, 84, 90, 181, 185, 187, 193,
252, 258, 259, 260, 262, 263, 265, 266, 278, 294, 327, 328, 331, 332, 344, 348, 358, 386, 390,
391, 393, 399, 406, 409, 414, 415, 420, 450, 487, 491, 565, 568, 581, 593, 594, 595, 794, 795,
912, 913, 915, 916, 917, 918, 951, 970, 971, 1027, 1052, 1058, 1072, 1073, 1087, 1098, 1099,
1114, 1117, 1167
EPA User Fee Program 1027, 1077
Esnure Clean Water 190, 527, 530, 892, 894, 1116, 1117, 1122
Exchange Network 182, 188, 334, 336, 565, 568, 607, 736, 748, 750, 1019, 1056, 1057, 1086,
1096, 1115, 1118
Executive Management and Operations 182, 188, 337, 342, 1115
Expected Benefits of E-Government Initiatives 1027, 1081
F
Facilities Infrastructure and Operations. 67, 70, 127, 128, 183, 189, 433, 553, 555, 560, 565, 569,
637, 681, 684, 693, 709, 712, 724, 1112, 1115, 1117, 1118, 1119
Federal Stationary Source Regulations 181, 186, 215, 1086, 1113
Federal Support for Air Quality Management.... vi, 67, 69, 80, 82, 181, 186, 220, 788, 793, 1086,
1112, 1113
Federal Vehicle and Fuels Standards and Certification iii, 67, 69, 77, 83, 85, 1112
Forensics Support 67, 70, 93, 94, 565, 568, 584, 1112, 1118
G
General Counsel xiv, 390, 403, 1087, 1099, 1180
Geographic Program
Chesapeake Bay 181, 187, 268, 1114
Gulf of Mexico 181, 187, 271, 1114
1184
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Lake Champlain 181, 187, 274, 1114
Long Island Sound 181, 187, 277, 1114
Geographic Programs ix, 53, 181, 185, 187, 267, 268, 271, 274, 277, 280, 286, 290, 293, 296,
1114
Goal 1 17, 23, 24, 25, 77, 84, 207, 363, 367, 370, 397, 805, 905, 907, 968, 970, 975, 983
Goal 2. 17, 30, 32, 33, 259, 260, 264, 332, 358, 391, 393, 395, 415, 595, 795, 905, 912, 917, 971,
975, 1007, 1087, 1098, 1099
Goal 3. 17, 38, 39, 93, 241, 248, 252, 255, 388, 578, 581, 584, 588, 591, 622, 686, 714, 717, 765,
789, 905, 919, 952, 962, 975, 1012
Goal 4. 44, 45, 75, 80, 115, 116, 118, 120, 199, 216, 222, 232, 236, 316, 318, 320, 323, 420, 604,
783, 785, 791, 830, 905, 921, 951, 957
Goal 549, 50, 55, 175, 269, 271, 274, 277, 282, 287, 290, 294, 297, 508, 511, 516, 518, 527, 530,
669, 743, 762, 772, 781, 797, 802, 812, 814, 821, 824, 828, 832, 834, 836, 838, 840, 842, 844,
846, 848, 850, 852, 854, 856, 858, 860, 862, 864, 866, 868, 870, 872, 874, 876, 878, 880, 882,
884, 886, 895, 905, 924, 972, 973, 974
Great Lakes Legacy Act 298
Great Lakes Restoration 181, 187, 296, 1114
H
Hazardous Waste Electronic Manifest System Fund 3, 4, 20, 22, 427, 469, 633, 691, 897, 899,
901, 902, 1079, 1122, 1125
Hazardous Waste Facilities 250
Homeland Security67, 70, 96, 97, 99, 102, 105, 111, 112, 118, 119, 136, 139, 181, 182, 187, 234,
253, 303, 304, 310, 311, 312, 313, 314, 320, 321, 322, 336, 376, 377, 485, 551, 553, 555, 556,
557, 558, 565, 568, 582, 596, 597, 598, 600, 601, 602, 609, 613, 614, 666, 762, 933, 970,
1021, 1031, 1040, 1042, 1046, 1073, 1112, 1114, 1117, 1118, 1159, 1160, 1171
Communication and Information 181, 187, 304, 1114
Critical Infrastructure Protection 67, 70, 97, 182, 187, 311, 1112, 1114
Human Health 68, 156, 174, 183, 230, 460, 463, 514, 649, 1042, 1113, 1116
Human Resources Management 183, 189, 439, 566, 569, 643, 646, 1086, 1115, 1118
I
Indian Reservation Drinking Water Program 732, 739, 860, 1120
Indoor Air 44, 47, 48, 67, 70, 113, 114, 115, 116, 118, 120, 182, 186,315,316,318, 320, 323,
565, 567, 603, 604, 783, 923, 1073, 1112, 1113, 1114, 1117
Radon Program 67, 70, 114, 182, 186,316, 1112, 1113
Indoor Air and Radiation 67, 70, 113, 114, 116, 118, 120, 182, 186, 315, 316, 318, 320, 323, 565,
567, 603, 604, 1112, 1113, 1114, 1117
Information Exchange / Outreach 187, 188, 327, 331, 334, 337, 343, 347, 351, 354, 358, 565,
568, 606, 607, 1115, 1118
Information Security.. 125, 182, 188, 305, 336, 374, 375, 376, 377, 378, 379, 383, 547, 549, 565,
568, 574, 609, 611, 612, 613, 614, 615, 616, 620, 969, 1064, 1065, 1076, 1103, 1115, 1118
Infrastructure Assistance 370, 731, 738, 739, 811, 813, 818, 826, 1120
Alaska Native Villages 731, 738, 811, 1120
Clean Water SRF 731,738,813, 1120
Drinking Water SRF 731, 738, 818, 1120
Mexico Border 739, 826, 1120
1185
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Inspector General., xiv, 3, 4, 99, 124, 427, 431, 480, 543, 544, 546, 547, 550, 552, 567, 571, 572,
574, 576, 633, 635, 1027, 1054, 1061, 1065, 1097, 1117, 1125, 1176
Integrated Environmental Strategies 182, 188, 397, 1115
International Programs 182, 188, 361, 362, 367, 369, 1115
International Sources of Pollution 182, 188, 362, 1086, 1115
IT / Data Management 67, 70, 122, 123, 182, 188,374,380, 565, 568,611,617, 1086, 1112,
1115,1118
IT / Data Management / Security 67, 70, 122, 123, 188, 374, 380, 568, 611, 617, 1112, 1115,
1118
L
Lake Pontchartrain ix, 187, 281, 282, 283, 1114
Lead Testing in Schools 732, 739, 836, 1120
Legal / Science / Regulatory / Economic Review 188, 189, 385, 388, 390, 397, 403, 408, 411,
414, 419, 565, 568, 621, 622, 625, 1115, 1118
Legal Advice
Environmental Program 182, 188, 403, 410, 565, 568, 625, 1086, 1115, 1118
Support Program 182, 188, 408, 409, 410, 1086, 1115
LUST/UST 183, 190, 503, 681, 684, 700, 711, 1116, 1119
LUST Cooperative Agreements 681, 684, 702, 706, 708, 1119
LUST Prevention 504, 505, 681, 684, 703, 704, 800, 932, 1119
M
Marine Pollution 53, 183, 190, 527, 1117
Mercury and Air Toxics Standards 197, 217
Mexico Border 370, 372, 735, 826, 827, 828, 912
Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability 732, 739,
858, 1120
Mississippi River Basin 509
Monitoring Grants 740, 1121
N
Nanotechnology 154, 655
National Estuary Program / Coastal Waterways 183, 190, 508, 1116
NEPA Implementation 181, 187, 255, 256, 1086, 1114
O
Office of Administration and Resource Management 1076
Office of Air and Radiation. 253, 582, 957, 970, 972, 1059, 1073, 1137, 1138, 1142, 1143, 1144,
1145, 1147
Office of Chemical Safety and Pollution Protection 947, 949, 958, 959, 960, 961, 962, 1044,
1045, 1073, 1074, 1126, 1127, 1138, 1139, 1143, 1156, 1161
Office of Enforcement and Compliance Assurance39, 42, 241, 242, 248, 430, 934, 952, 953, 962,
963, 1027, 1075, 1099, 1104, 1105, 1107, 1138, 1139, 1144, 1145, 1146, 1148, 1164, 1170,
1173, 1174, 1176, 1178
Office of General Counsel xiv, 403, 404, 406, 627, 1075, 1140, 1151
Office of International Affairs 1075
Office of International and Tribal Affairs 1075, 1133, 1134, 1166
1186
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Office of Land and Emergency Management., x, 57, 170, 192, 424, 466, 503, 630, 663, 668, 673,
700, 703, 706, 745, 807, 808, 949, 964, 965, 966, 971, 972, 1075, 1138, 1146, 1151, 1157,
1170, 1180
Office of Mission Support xiv, 749, 954, 967, 968, 969, 1076, 1087, 1101, 1103, 1104, 1146,
1149, 1152, 1153, 1154, 1155, 1157, 1180
Office of Research and Developmentxiv, 7, 33, 109, 145, 146, 153, 156, 159, 161, 162, 165, 166,
171, 172, 420, 489, 493, 503, 651, 654, 655, 660, 696, 697, 700, 703, 706, 729, 909, 915, 938,
960, 964, 965, 970, 971, 972, 1017, 1018, 1076, 1100, 1108, 1109, 1126, 1127, 1140, 1141,
1149, 1173
Office of the Administrator xiv, 341, 390, 546, 547, 571, 572, 955, 1073, 1087, 1180
Office of the Chief Financial Officer xiv, 431, 633, 635, 1073, 1104, 1146, 1152, 1153, 1154,
1155, 1180
Office of the Inspector General... xiv, 124, 132, 133, 341, 376, 451, 480, 544, 546, 547, 548, 549,
550, 551, 552, 571, 572, 573, 574, 575, 576, 613, 1061, 1075, 1097, 1098, 1099, 1101, 1103,
1104, 1125, 1129, 1137, 1138, 1139, 1143, 1145, 1148, 1149
Office of Water 162, 952, 971, 972, 1076, 1126, 1141
Oil 3, 4, 19, 20, 21, 22, 95, 110, 118, 127, 168, 199, 239, 245, 247, 251, 320, 433, 512, 523, 560,
578, 634, 637, 658, 665, 666, 686, 693, 696, 709, 711, 712, 714, 715, 717, 718, 719, 720, 721,
722, 724, 727, 728, 730, 933, 984, 1040, 1041, 1042, 1065, 1119,1120
Oil Spill
Prevention, Preparedness and Response 709, 711, 720, 1119
OP 1057, 1059, 1060, 1098
Operations and Administration 67, 70, 126, 127, 183, 189, 422, 423, 427, 433, 436, 439, 553,
555, 559, 560, 565, 569, 628, 629, 633, 637, 640, 643, 681, 683, 684, 688, 689, 691, 693, 709,
711, 723, 724, 899, 1112, 1115, 1116, 1117, 1118, 1119, 1122
P
Pesticide Safety Education Program 451, 452, 456
Pesticides
Protect Human Health from Pesticide Risk 67, 70, 131, 183, 189, 448, 1086, 1112, 1116
Realize the Value of Pesticide Availability 67, 70, 138, 183, 189, 461, 1086, 1112, 1116
Pesticides Licensing.... 67, 70, 130, 131, 135, 138, 183, 189, 444, 445,448, 454, 461, 1112, 1116
Pollution Prevention. 61, 65, 79, 110, 147, 149, 150, 154, 157, 183, 190, 214, 354, 355, 357, 413,
456, 482, 483, 484, 486, 656, 760, 777, 778, 779, 937, 947, 948, 958, 959, 960, 961, 962,
1006, 1010, 1043, 1066, 1073, 1096, 1100, 1116, 1126, 1127, 1139
Pollution Prevention Program 150, 157, 183, 190, 482, 483, 778, 1043, 1116
Puget Sound ix, 181, 187, 293,294, 295, 1114, 1165
R
Radiation 44, 47, 48, 67, 70, 105, 109, 114, 115, 116, 117, 118, 120, 157, 182, 186,316,318,
319, 320, 323, 405, 409, 420, 425, 565, 567, 604, 631, 783, 923, 951, 957, 1029, 1032, 1033,
1060, 1066, 1073, 1075, 1098, 1112, 1113, 1114, 1117, 1137, 1143, 1172, 1175
Protection 67, 70, 116, 182, 186, 318, 565, 567, 604, 1112, 1113, 1117
Response Preparedness 67, 70, 118, 182, 186, 320, 1112, 1114
RCRA
Corrective Action 183, 189, 466, 1116
Waste Management 183, 189, 469, 897, 899, 901, 1116, 1122
Waste Minimization & Recycling 183, 189,474, 1116
1187
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Reduce Risks from Indoor Air 67, 70, 120, 182, 186, 323, 1112, 1114
Reducing Lead in Drinking Water 732, 739, 834, 1120
Regional Science and Technology 182, 188, 411, 1115
Regions .... 33, 116, 243, 244, 245, 357, 391, 551, 575, 670, 696, 801, 973, 974, 991, 1019, 1060,
1137, 1140, 1148, 1163
Regulatory/Economic-Management and Analysis 183, 188, 414, 1115
Research
Safe and Sustainable Water Resources 71, 161, 1113
Sustainable Communities 71, 168, 569, 658, 684, 696, 712, 727, 1113, 1118, 1119, 1120
Resource Conservation and Recovery Act (RCRA).... 79, 154, 157, 183, 189, 214, 242, 248, 336,
366, 368, 372, 387, 411, 413, 465, 466, 468, 469, 473, 474, 477, 609, 626, 656, 752, 760, 897,
899, 900, 901, 903, 930, 964, 993, 997, 1039, 1116, 1122
Resource Recovery and Hazardous Waste Grants 731, 741, 752, 1092, 1121
Restore Land.... 54, 55, 56, 192, 193, 466, 663, 664, 668, 669, 672, 673, 700, 701, 706, 707, 745,
746, 807, 808, 928, 964, 965, 966
S
Safe and Sustainable Water Resources 68, 71, 160, 161, 166, 1113
Safe Water for Small & Disadvantaged Communities 732, 739, 832, 1120
San Francisco Bay ix, 181, 187, 290, 291, 292, 1069, 1070, 1114
San Juan Watershed Monitroing 731, 739, 824, 1120
Science Advisory Board 183, 188,416,419, 522, 1073, 1086, 1115
Science Policy and Biotechnology 183, 189,445, 1116
Security 84, 91, 97, 99, 102, 104, 110, 145, 147, 182, 211, 304, 305, 306, 307, 308, 312, 313,
365, 373, 375, 376, 377, 378, 408, 560, 565, 601, 610, 612, 613, 614, 615, 882, 968, 1030,
1032, 1033, 1040, 1041, 1042, 1043, 1053, 1054, 1063, 1064, 1102, 1137, 1159, 1160, 1168,
1171
Small and Medium Publicly Owned Treatment Works Circuit Rider Program732, 740, 868, 1121
Small Business Ombudsman 182, 188, 343, 345, 346, 1115
Small Minority Business Assistance 182, 188, 347, 426, 632, 1115
Source Water Petition Program 732, 739, 850, 1120
Special Accounts 1127
State and Local Prevention and Preparedness 182, 188, 351, 352, 1086, 1115
State and Tribal Assistance Grants (STAG). xi, 370, 482, 731, 738, 740, 803, 804, 807, 811, 813,
818, 824, 826, 830, 832, 834, 836, 838, 840, 842, 844, 846, 848, 850, 852, 854, 856, 858, 860,
862, 864, 866, 868, 870, 872, 874, 876, 878, 880, 882, 884, 886, 1120, 1121
Stormwater Control Infrastructure Project Grants 732, 740, 876, 1121
Stormwater Infrastructure Technology 732, 740, 874, 1121
Stratospheric Ozone
Domestic Programs 181, 186, 230, 1113
Multilateral Fund 181, 186, 236, 1113
Superfund
Emergency Response and Removal 566, 569, 663, 1118
Enforcement 565, 568, 587, 1118
EPA Emergency Preparedness 566, 569, 599, 666, 1119
Federal Facilities 566, 569, 672, 1119
Federal Facilities Enforcement 565, 568, 591, 1118
1188
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Remedial 566, 569, 668, 1119
Superfund Cleanup 566, 569, 662, 663, 666, 668, 672, 1118, 1119
Superfund Special Accounts 566, 676
Surface Water Protection 184, 190, 509, 530, 885, 1086, 1117
Sustainable and Healthy Communities.. 68, 71, 168, 173, 504, 566, 569, 658, 660, 681, 684, 696,
698, 704, 709, 712, 727, 730, 1113, 1118, 1119, 1120
T
Targeted Airshed Grants 731, 739, 830, 831, 1120
Technical Assistance and Grants for Emergencies (SDWA) 732, 739, 846, 1120
Technical Assistance and Grants for Emergencies, Small Systems 732, 739, 848, 1120
Technical Assistance for Treatment Works 840, 1120
Toxic Substances
Chemical Risk Review and Reduction 183, 190, 487, 1116
Lead Risk Reduction 183, 190, 498, 1116
Lead Risk Reduction Program 183, 190, 498, 1116
Toxics Risk Review and Prevention 183, 189, 190, 478, 479, 482, 487, 498, 1116
Trade and Governance 182, 188, 367, 368, 1115
TRI / Right to Know 182, 188,354, 1086, 1115
Tribal - Capacity Building 182, 188, 358, 1086, 1115
U
Underground Storage Tanks (LUST/UST) 190, 503, 684, 700, 703, 706, 711, 1116, 1119
US Mexico Border 182, 188,369, 1115
Utilities 98
W
Wastewater Efficiency Grant Pilot Program 732, 740, 864, 1121
Water Data Sharing Pilot Program 732, 740, 886, 1121
Water Infrastructure and Workforce Investment 1120
Water Quality Monitoring 286
Water Quality Protection 183, 286, 287, 526, 889, 893, 1116, 1117, 1122
Water Quality Research and Support Grants.. 68, 71, 179, 184, 190, 542, 1113, 1117, 1122, 1123
Water Sector Cybersecurity 524, 732, 740, 882, 1121
Wetlands 166, 183, 190, 286, 291, 508, 510, 511, 512, 801, 1063, 1065, 1076, 1091, 1116
WIFIA viii, ix, 51, 409, 519, 536, 814, 815, 816, 821, 822, 840, 843, 845, 889, 892, 894, 895,
896, 925, 979, 987, 989, 1066, 1079, 1103
Working Capital Fund 111,313,403,427,557, 601, 1027, 1053, 1127, 1128, 1180
1189
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1190
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