United States
Environmental Protection Agency
FISCAL YEAR 2024
Justification of Appropriation
Estimates for the
Committee on Appropriations
Tab 05: Environmental Programs and Management
March 2023
EPA-190-R-23-001 www.epa.gov/cj
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Environmental Protection Agency
2024 Annual Performance Plan and Congressional Justification
Table of Contents - Environmental Programs and Management
Contents
Program Projects in EPM 6
Alaska Contaminated Lands 11
Brownflelds 13
Brownfields 14
Clean Air 18
Clean Air Allowance Trading Programs 19
Climate Protection 26
Federal Stationary Source Regulations 40
Federal Support for Air Quality Management 45
Stratospheric Ozone: Domestic Programs 56
Stratospheric Ozone: Multilateral Fund 62
Compliance 64
Compliance Monitoring 65
Information Exchange 74
Children and Other Sensitive Populations: Agency Coordination 75
Executive Management and Operations 79
Exchange Network 85
Public Engagement, Partnerships, and Environmental Education 88
Small Business Ombudsman 94
Small Minority Business Assistance 98
State and Local Prevention and Preparedness 101
TRI / Right to Know 104
Tribal - Capacity Building 109
Enforcement 114
Civil Enforcement 115
Criminal Enforcement 123
NEPA Implementation 126
Environmental Justice 130
Geographic Programs 140
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Geographic Program: Chesapeake Bay 141
Geographic Program: Gulf of Mexico 145
Geographic Program: Lake Champlain 149
Geographic Program: Long Island Sound 152
Geographic Program: Other 155
Geographic Program: South Florida 161
Geographic Program: San Francisco Bay 165
Geographic Program: Puget Sound 168
Great Lakes Restoration 172
Homeland Security 180
Homeland Security: Communication and Information 181
Homeland Security: Critical Infrastructure Protection 188
Homeland Security: Protection of EPA Personnel and Infrastructure 190
Indoor Air and Radiation 193
Indoor Air: Radon Program 194
Radiation: Protection 196
Radiation: Response Preparedness 198
Reduce Risks from Indoor Air 201
International Programs 204
International Sources of Pollution 205
Trade and Governance 211
US Mexico Border 214
IT/ Data Management/ Security 219
Information Security 220
IT / Data Management 226
Legal/ Science/ Regulatory/ Economic Review 231
Administrative Law 232
Alternative Dispute Resolution 235
Civil Rights Program 238
Integrated Environmental Strategies 245
Legal Advice: Environmental Program 252
Legal Advice: Support Program 258
Regulatory/Economic-Management and Analysis 262
Science Advisory Board 267
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Operations and Administration 269
Acquisition Management 270
Central Planning, Budgeting, and Finance 274
Facilities Infrastructure and Operations 280
Financial Assistance Grants / IAG Management 284
Human Resources Management 287
Regional Science and Technology 292
Pesticides Licensing 295
Pesticides: Protect Human Health from Pesticide Risk 296
Pesticides: Protect the Environment from Pesticide Risk 303
Pesticides: Realize the Value of Pesticide Availability 311
Resource Conservation and Recovery Act (RCRA) 315
RCRA: Corrective Action 316
RCRA: Waste Management 320
RCRA: Waste Minimization & Recycling 326
Toxics Risk Review and Prevention 330
Endocrine Disruptors 331
Pollution Prevention Program 334
Science Policy and Biotechnology 340
Toxic Substances: Chemical Risk Review and Reduction 343
Toxic Substances: Lead Risk Reduction Program 356
Underground Storage Tanks (LUST/UST) 360
LI ST/I ST 361
Water Ecosystems 365
National Estuary Program / Coastal Waterways 366
Wetlands 370
Water: Human Health Protection 373
Beach / Fish Programs 374
Drinking Water Programs 377
SDWA; CWA 387
Water Quality Protection 388
Marine Pollution 389
Surface Water Protection 392
Congressional Priorities 403
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Congressional Priorities
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Environmental Protection Agency
FY 2024 Annual Performance Plan and Congressional Justification
APPROPRIATION: Environmental Programs & Management
Resource Summary Table
(Dollars in Thousands)
FY 2024
FY 2023
President's Budget
FY 2022
Enacted
FY 2024
v.
Final
Operating
President's
FY 2023 Enacted
Actuals
Plan
Budget
Operating Plan
Environmental Programs &
Management
Budget Authority
$2,988,189
$3,286,330
$4,511,011
$1,224,681
Total Workyears
8,623.8
9,592.7
11,082.4
1,489.7
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 of 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 of 2002; implementation of a coal
combustion residual permit program under section 2301 of the Water and Waste Act of 2016; and
not to exceed $40,000for official reception and representation expenses, $4,511, Oil, 000, to remain
available until September 30, 2025: Provided further, That of the funds included under this
heading
(1) $682,053,000, to remain available until expended, shall be for Geographic Programs as
specified in the explanatory statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) $20,000,000, to remain available until expended, shall be for grants, including grants that may
be awarded on a non-competitive basis, interagency agreements, and associated program support
costs to establish and implement a program to assist Alaska Native Regional Corporations, Alaskan
Native Village Corporations, federally-recognized tribes in Alaska, Alaska Native Non-Profit
Organizations and Alaska Native Nonprofit Associations, and intertribal consortia comprised of
Alaskan tribal entities to address contamination on lands conveyed under or pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that were or are contaminated at the time of
conveyance and are on an inventory of such lands developed and maintained by the Environmental
Protection Agency: Provided, That grants awarded using funds made available in this paragraph
may be used by a recipient to supplement other funds provided by the Environmental Protection
Agency through individual media or multi-media grants or cooperative agreements: Provided
further, That of the amounts made available in this paragraph, in addition to amounts otherwise
available for such purposes, the Environmental Protection Agency may reserve up to $2,000,000for
salaries, expenses, and administration of the program and any other grants related to such program
that address contamination on lands conveyed under or pursuant to the Alaska Native Claims
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Settlement Act (43 U.S.C. 1601 et seq.) that were or are contaminated at the time of conveyance and
are on the EPA inventory of such lands.
(3) $130,000,000, to remain available until expended, shall be for environmental justice
implementation and training grants and associated program support costs, of which $65,000,000
shall be for an environmental justice community grant program for grants to community-based
nonprofit organizations; $40,000,000 shall be for an environmental justice government grant
program for grants to states, tribes, including intertribal consortia that meet the requirements in 40
CFR 35.504, local and territorial governments, and Freely Associated States; $15,000,000 shall be
for a community-based participatory research grant program for grants to institutions of higher
education as defined in 2 CFR 200.1 or nonprofit organizations; and $10,000,000 shall be for an
environmental justice training program for grants to community-based nonprofit organizations or
partnerships between community-based nonprofit organizations and institutions of higher education
as defined in 2 CFR 200.1: Provided, That up to 5 percent of the funds made available under this
paragraph may be reserved for salaries, expenses, and administration.
Program Projects in EPM
[Dollars in Thousands)
Program Pro ject
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Clean Air and Climate
Clean Air Allowance Trading Programs
$15,423
$16,554
$30,535
$13,981
Climate Protection
$100,267
$101,000
$170,512
$69,512
Federal Stationary Source Regulations
$26,821
$30,344
$47,468
$17,124
Federal Support for Air Quality Management
$148,894
$147,704
$356,016
$208,312
Stratospheric Ozone: Domestic Programs
$7,937
$6,951
$72,152
$65,201
Stratospheric Ozone: Multilateral Fund
$8,326
$9,244
$18,000
$8,756
Subtotal, Clean Air and Climate
$307,667
$311,797
$694,683
$382,886
Indoor Air and Radiation
Indoor Air: Radon Program
$2,966
$3,364
$5,113
$1,749
Radiation: Protection
$8,244
$9,088
$11,638
$2,550
Radiation: Response Preparedness
$2,658
$2,650
$3,143
$493
Reduce Risks from Indoor Air
$12,611
$13,593
$47,389
$33,796
Subtotal, Indoor Air and Radiation
$26,479
$28,695
$67,283
$38,588
Brownfields
Brownfields
$23,716
$26,189
$38,626
$12,437
Compliance
Compliance Monitoring
$108,996
$112,730
$162,105
$49,375
Environmental Justice
Environmental Justice
$20,455
$102,159
$369,106
$266,947
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Program Pro ject
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Enforcement
Civil Enforcement
$179,062
$205,942
$242,585
$36,643
Criminal Enforcement
$55,343
$62,704
$66,487
$3,783
Subtotal, Enforcement
$234,406
$268,646
$309,072
$40,426
Geographic Programs
Geographic Program: Chesapeake Bay
$90,309
$92,000
$92,094
$94
Geographic Program: Gulf of Mexico
$21,194
$25,524
$25,558
$34
Geographic Program: Lake Champlain
$19,096
$25,000
$25,000
$0
Geographic Program: Long Island Sound
$29,758
$40,002
$40,005
$3
Geographic Program: Other
Lake Pontchartrain
$1,899
$2,200
$2,200
$0
S.New England Estuary (SNEE)
$6,017
$7,000
$7,078
$78
Geographic Program: Other (other
activities)
$4,881
$5,000
$4,934
-$66
Subtotal, Geographic Program: Other
$12,797
$14,200
$14,212
$12
Great Lakes Restoration
$349,157
$368,000
$368,154
$154
Geographic Program: South Florida
$6,917
$8,500
$8,503
$3
Geographic Program: San Francisco Bay
$2,631
$54,500
$54,505
$5
Geographic Program: Puget Sound
$34,746
$54,000
$54,022
$22
Subtotal, Geographic Programs
$566,606
$681,726
$682,053
$327
Homeland Security
Homeland Security: Communication and
Information
$4,054
$4,692
$6,051
$1,359
Homeland Security: Critical Infrastructure
Protection
$873
$923
$1,023
$100
Homeland Security: Protection of EPA Personnel
and Infrastructure
$4,903
$5,188
$5,158
-$30
Subtotal, Homeland Security
$9,830
$10,803
$12,232
$1,429
International Programs
US Mexico Border
$2,886
$2,993
$5,088
$2,095
International Sources of Pollution
$7,220
$7,323
$26,044
$18,721
Trade and Governance
$6,252
$5,510
$7,153
$1,643
Subtotal, International Programs
$16,358
$15,826
$38,285
$22,459
IT / Data Management / Security
Information Security
$10,450
$9,142
$23,889
$14,747
IT / Data Management
$90,029
$91,821
$105,868
$14,047
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Program Pro ject
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Exchange Network
$13,016
$14,995
$14,685
-$310
Subtotal, IT / Data Management / Security
$113,496
$115,958
$144,442
$28,484
Legal / Science / Regulatory / Economic Review
Integrated Environmental Strategies
$10,534
$11,297
$71,722
$60,425
Science Policy and Biotechnology
$1,185
$1,811
$1,627
-$184
Administrative Law
$5,022
$5,395
$6,116
$721
Alternative Dispute Resolution
$1,196
$972
$2,194
$1,222
Civil Rights Program
$10,061
$12,866
$31,462
$18,596
Legal Advice: Environmental Program
$63,795
$60,061
$85,252
$25,191
Legal Advice: Support Program
$18,246
$18,957
$20,322
$1,365
Science Advisory Board
$3,854
$4,155
$4,124
-$31
Regulatory/Economic-Management and Analysis
$16,725
$17,475
$16,930
-$545
Subtotal, Legal / Science / Regulatory / Economic
Review
$130,617
$132,989
$239,749
$106,760
Multi-Media
State and Local Prevention and Preparedness
$14,957
$15,446
$23,884
$8,438
Pollution Prevention Program
$11,988
$12,987
$29,009
$16,022
TRI / Right to Know
$13,064
$15,052
$14,018
-$1,034
Tribal - Capacity Building
$13,735
$14,715
$34,674
$19,959
NEPA Implementation
$17,177
$20,611
$25,760
$5,149
Executive Management and Operations
$55,872
$56,160
$67,600
$11,440
Public Engagement, Partnerships and
Environmental Education
$8,303
$9,500
$23,972
$14,472
Small Minority Business Assistance
$2,564
$2,056
$1,996
-$60
Small Business Ombudsman
$1,564
$2,250
$2,227
-$23
Children and Other Sensitive Populations:
Agency Coordination
$6,098
$6,362
$6,500
$138
Subtotal, Multi-Media
$145,322
$155,139
$229,640
$74,501
Operations and Administration
Central Planning, Budgeting, and Finance
$82,781
$87,099
$99,812
$12,713
Facilities Infrastructure and Operations
$291,501
$283,330
$305,753
$22,423
Acquisition Management
$36,051
$37,251
$41,609
$4,358
Human Resources Management
$56,709
$51,261
$71,093
$19,832
Financial Assistance Grants / IAG Management
$29,070
$30,188
$34,350
$4,162
Subtotal, Operations and Administration
$496,113
$489,129
$552,617
$63,488
Operations and Administration
Regional Science and Technology
$1,345
$1,554
$4,972
$3,418
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Program Pro ject
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Pesticides Licensing
Pesticides: Protect Human Health from Pesticide
Risk
$65,333
$62,125
$65,529
$3,404
Pesticides: Protect the Environment from
Pesticide Risk
$43,688
$48,704
$75,391
$26,687
Pesticides: Realize the Value of Pesticide
Availability
$7,022
$7,637
$8,234
$597
Subtotal, Pesticides Licensing
$116,042
$118,466
$149,154
$30,688
Research: Chemical Safety for Sustainability
Research: Chemical Safety for Sustainability
$178
$0
$0
$0
Resource Conservation and Recovery Act (RCRA)
RCRA: Corrective Action
$43,061
$40,512
$41,669
$1,157
RCRA: Waste Management
$77,838
$75,958
$90,634
$14,676
RCRA: Waste Minimization & Recycling
$12,603
$10,252
$12,668
$2,416
Subtotal, Resource Conservation and Recovery Act
(RCRA)
$133,502
$126,722
$144,971
$18,249
Toxics Risk Review and Prevention
Endocrine Disruptors
$6,629
$7,614
$7,680
$66
Toxic Substances: Chemical Risk Management
$2
$0
$0
$0
Toxic Substances: Chemical Risk Review and
Reduction
$85,218
$82,822
$130,711
$47,889
Toxic Substances: Lead Risk Reduction Program
$12,404
$14,359
$14,437
$78
Subtotal, Toxics Risk Review and Prevention
$104,254
$104,795
$152,828
$48,033
Underground Storage Tanks (LUST /UST)
LUST/UST
$11,807
$12,021
$14,451
$2,430
Protecting Estuaries and Wetlands
National Estuary Program / Coastal Waterways
$33,958
$40,000
$32,514
-$7,486
Wetlands
$21,103
$21,754
$26,671
$4,917
Subtotal, Protecting Estuaries and Wetlands
$55,061
$61,754
$59,185
-$2,569
Ensure Safe Water
Beach / Fish Programs
$1,209
$2,246
$2,381
$135
Drinking Water Programs
$117,205
$121,607
$142,583
$20,976
Subtotal, Ensure Safe Water
$118,414
$123,853
$144,964
$21,111
Ensure Clean Water
Marine Pollution
$8,699
$10,187
$12,624
$2,437
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Program Pro ject
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Surface Water Protection
$217,125
$224,492
$267,969
$43,477
Water Infrastructure Finance and Innovation
$0
$0
$0
$0
Subtotal, Ensure Clean Water
$225,825
$234,679
$280,593
$45,914
Clean and Safe Water Technical Assistance Grants
Congressional Priorities
$21,700
$30,700
$0
-$30,700
TOTAL EPM
$2,988,189
$3,266,330
$4,491,011
$1,224,681
*For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the
Superfund account.
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Alaska Contaminated Lands
Program Area: Alaska Contaminated Lands
Goal: Safeguard and Revitalize Communities
Objective(s): Clean Up and Restore Land for Productive Uses and Healthy Communities
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SO
S20.000
S20.000
SO
Total Budget Authority
$0
$20,000
$20,000
$0
Total Workyears
0.0
5.0
5.0
0.0
Program Project Description:
The Alaska Contaminated Lands Program supports President Biden's Executive Order 13985:
Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government and seeks to address environmental injustices regarding the 44 million acres
transferred from federal ownership to Alaska Native corporations as part of the Alaska Native
Claims Settlement Act (ANCSA).1 Many of these lands were contaminated while not under Alaska
Native ownership, and the contaminants on some of these lands - arsenic, asbestos, lead, mercury,
pesticides, polychlorinated biphenyls (PCBs), and other petroleum products - pose health concerns
to Alaska Native communities, negatively impact subsistence resources, and hamper economic
activity.
EPA is initiating a whole-of-government approach to help advance the cleanup of contaminated
ANCSA lands through the Arctic Executive Steering Committee.
FY 2024 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 2024, EPA will:
Compile and maintain a contaminated ANCSA sites inventory and maintain a public facing
dashboard to provide site information, including cleanup status.
Engage with State of Alaska, Alaska Native Corporations, Alaska Native Organizations,
and other federal agencies to further develop and modify the comprehensive approach to
advancing cleanup efforts.
1 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.
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Establish and manage the Contaminated ANCSA Lands Grant Program to facilitate
assessment and cleanup work at contaminated ANCSA lands.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
There is no change in program funding.
Statutory Authority:
Consolidated Appropriations Act, 2023, Pub. L. 117-328.
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Brownfields
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 23. ~l<>
s.Vi./.vy
S 12.-13-
Total Budget Authority
$23,716
$26,189
$38,626
$12,437
Total Workyears
112.3
129.5
187.5
58.0
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
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.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. As of February 2023, grants awarded by the Program have led to over
10,000 properties made ready for productive use and over 197,000 jobs and over $37.2 billion
leveraged.3
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
sites; 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.
2 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.
3 From EPA website: https://www.epa.gov/browfields/brownfields-program-accomplishments-and-
benefits#:-: text=Eiirolled%20oYei%2034%2C191%20properties%20aiiiiuallv-3%2C478%2C000%20acres%20readv%20foi%20
reuse.
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FY 2024 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, funded by regular appropriations and by the historic investment from the
Infrastructure Investment and Jobs Act (IIJA). 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
brownfields 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 IIJA, the Agency
proposes to invest an additional $12.4 million and 58.0 FTE in FY 2024. In FY 2022, 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 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 2024, community development specialists will continue to manage approximately 1,000
assessment, cleanup, Revolving Loan Fund (RLF), multi-purpose, and Environmental Workforce
Development and Job Training (EWDJT) CAs, as well as state and tribal assistance agreements.
In addition, EPA will be managing 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 communities and communities
with EJ concerns.
In addition, IIJA invests $1.5 billion to scale up community-led brownfields revitalization from
FY 2022 through FY 2026. This work includes $1.2 billion in direct grants and technical assistance
to assess and clean up brownfield sites, train and place people in environmental jobs, and assist
hundreds of communities in identifying equitable reuse options to cultivate healthy, resilient,
livable neighborhoods. An additional $300 million will support State and Tribal Response
programs that can provide necessary funds to states and territories and over 100 tribes to grow
their brownfields programs. EPA will continue to manage an estimated 400 cooperative
agreements funded under IIJA.
In FY 2024, the Brownfields Program will support the following activities:
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Compete and Award New Cooperative Agreements: Review, select, and award an
estimated 210 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 CAs funded
under regular appropriations while ensuring the terms and conditions of the agreements are
met, as well as 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).
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: Work collaboratively with our partners at the state, tribal, and local levels
on innovative approaches to help achieve land reuse. The Program 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. In addition, the
Program 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 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$772.0) 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.
-------
(+$11,665.0 / +58.0 FTE) This increase is 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 $10.4 million for 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.
-------
Clean Air
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SIX-/2J
Slfi.55-1
SIJ.'JSJ
Science & Technology
$8,360
$7,117
$19,983
$12,866
Total Budget Authority
$23,783
$23,671
$50,518
$26,847
Total Workyears
66.3
66.7
86.1
19.4
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). These programs include Title IV (the Acid
Rain Program) of the Clean Air Act, the Cross-State Air Pollution Rule (CSAPR), the CSAPR
Update, the revised CSAPR Update, and the Good Neighbor Plan (the most recent CSAPR
proposal), once finalized. 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 complianceinstalling pollution control
equipment, switching fuel types, 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.4 Data collected under these programs are made available to the
public through EPA's Clean Air Markets Data Resources website,5 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 these programs, EPA operates an
emission measurement and reporting program, market operations program, environmental
monitoring programs, and a communication and stakeholder engagement program.
In 2021, total annual SO2 emissions from Acid Rain Program-affected emission sources were
942,000 tons, or over 90 percent below the statutory nationwide emissions cap, a level not seen
4 Clean Air Act § 403(d).
5 For additional information, please refer to https://www.epa.gov/airmarkets/data-resources.
-------
since early in the 20th Century. Total annual 2021 NOx emissions were 782,000 tons, an almost
nine-million-ton reduction from projected levels, exceeding the program's goal of a two-million-
ton reduction.6
The Part 75 monitoring program requires almost 4,300 affected sources to monitor and report
emission and operation data.7 The Part 75 monitoring program requires high degrees of accuracy
and reliability from continuous emission monitoring systems (CEMS) 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 softwarethe 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 and virtual audits of the emission data and monitoring systems. EPA also conducts a Protocol
Gas Verification Program (PGVP) in cooperation with National Institute of Standards and
Technology (NIST) to ensure calibration gases used for CEMS quality assurance/quality control
are of high quality. 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), Standards of Performance for Greenhouse Gas Emissions for Electric
Generating Units, 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.8 At the end of each compliance period, working
directly with and supporting stakeholders, allowances are reconciled against reported emissions to
determine compliance for every facility with affected emission sources. For over 25 years, the
affected facilities have maintained near-perfect compliance under the trading programs.9 The
market operation 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 provision10 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 2022, EPA proposed the Good Neighbor Plan to address
interstate transport of ozone for the 2015 ozone NAAQS and included a proposed ozone-season
6 For more information, please refer to: https://www.epa.gov/ainiiarkets/power-plant-emission-trends.
7 Clean Air Act § 412; Clean Air Act Amendments of 1990. P.L. 101-549 § 821.
8 Clean Air Act § 403(d).
9 For more information, please refer to: http://www3.epa.gov/airmarkets/progress/reports/index.html.
10 Clean Air Act § 110(a)(2)(D); also refer to Clean Air Act § 110(c).
-------
NOx trading program for EGUs in 25 states. EPA expects to finalize this rulemaking by Mid-
2023 and implement the resulting program beginning in the 2023 ozone season. 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.11 EPA is conducting environmental justice analyses of the distribution of these emissions
and associated public health impacts on overburdened communities.
EPA manages the Clean Air Status and Trends Network (CASTNET), a rural ambient air
monitoring program supporting NAAQS determinations, model validation and ecological impacts.
CASTNET measures ambient ozone and nitrogen and sulfur particles and gases to evaluate air
quality effects on human health and environmental loadings. 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, the CSAPR Update, and the Revised CSAPR Update, and pollution controls
installed and emissions reductions achieved by MATS.12 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)13 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 2021, eGRID was cited by more
than 1,600 academic papers. Power Profiler14 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 published the Power Plants and Neighboring Communities
web application15 where consumers and advocates can find information about the demographics
of communities located near power plants. EPA is developing analytical 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
11 Clean Air Act § 110 and § 169A; refer to 40 CFR 52.2312.
12 To view the progress reports, please refer to: http://www3.epa.gov/aimrarkets/progress/reports/iiidex.html.
13 To view eGRID, please refer to https://www.epa.gov/egrid.
14 To view Power Profiler, please refer to https://www.epa.gov/egrid/power-profiler.
15 To view the Power Plants and Neighboring Communities, please refer to https://www.epa.gov/airmarkets/power-plants-and-
neighboring-communities.
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partnerships with the CASTNET program. The EmPOWER Air Data Challenge16 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
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.
FY 2024 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 2024, 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 Programs will continue to support emission reporting for other state and
federal programs, including RGGI, MATS, and GHGRP.17 In FY 2024, 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. If finalized, the programmatic, operational, and/or data collection and
management requirements will be expanded.
16 For more information about the challenge, refer to https://www.epa.gov/aimiarkets/empower-air-data-challenge.
17 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).
-------
This request also 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 Act18 and state and federal CSAPR implementation plans. These
allowance holdings and subsequent allowance transfers will be maintained in an allowance
tracking system (i.e., central database).19 EPA will annually reconcile each facility's allowance
holdings against its emissions to ensure compliance for all affected sources.20
Emission measurement, data collection, review, and publication
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.21 In FY 2024, EPA also will implement several new regulatory actions, including the MATS
e-reporting rule22 and the Good Neighbor Plan and Part 75 regulatory update.23 These emissions,
operations, and compliance data will be maintained in an emissions tracking system (i.e., central
database) and made publicly available.24
Program assessment and communication
EPA will continue to monitor ambient air, deposition, and other environmental indicators through
the CASTNET and LTM programs, contribute to the National Atmospheric Deposition Program,
publish the power sector progress reports required by Congress, and produce additional
information to communicate the extent of the progress made by the Clean Air Allowance Trading
Programs.25 EPA will publish emissions, environmental, and EJ-related demographic data on our
Air Markets, eGRID, Power Profiler, and Power Plants and Neighboring Communities websites.
Redesign system applications
EPA will continue the redesign of its markets operation system (CAMD Business System, CBS)
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. EPA released the Clean Air Markets Program Data (CAMPD) website in FY 2022 to
enhance the public's access to the emission and allowance data. ECMPS modules will be released
in FY 2023 with additional functionality added in FY 2024.
18 Clean Air Act §§ 110 and 403.
19 Clean Air Act §§ 110 and 403.
20 Clean Air Act §§110 and 404-405, and state CSAPR implementation plans.
21 Clean Air Act § 412; Clean Air Act Amendments of 1990. P.L. 101-549 § 821; and 40 C.F.R. Part 63, Subpart UUUUU.
22 40 C.F.R. Part 63, Subpart UUUUU.
23 40 C.F.R. Part 75.
24 Clean Air Act § 412; Clean Air Act Amendments of 1990. P.L. 101-549 § 821.
25 Government Performance and Results Act § 1115.
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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.26 As part of the emission
measurement, data collection, review, and publication, EPA will provide a web portal for states
with delegated authority for MATS to access and review emissions and compliance data.
CASTNET will continue to support states in meeting their minimum monitoring requirements and
assist with developing exceptional event demonstrations, as needed. Additionally, CASTNET will
continue to provide data that can be used for permitting and ecological assessments within state
boundaries (e.g., Colorado).
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
programs and tools, such as Power Plants and Neighboring Communities, EmPOWER Air Data
Challenge, and Ask CAMD webinars.
Policy and regulatory development
EPA will contribute multi-pollutant 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 generation sources.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
355,000
344,000
332,000
Tons
Actual
4<4.w>
44 V "(4
389,170
341,082
359,124
326,722
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$293.0) This net 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.
26 Clean Air Act § 110(a)(2)(D).
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(+$14,274.0 / +17.7 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 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 $3,205 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SI00.20 ~
sun .000
SI -0.512
S6V.5I2
Science & Technology
$6,723
$8,750
$10,724
$1,974
Total Budget Authority
$106,990
$109,750
$181,236
$71,486
Total Workyears
209.3
216.1
256.7
40.6
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) and uses this data to: 1) improve estimates included in the
Inventory of U.S. Greenhouse Gas Emissions and Sinks; 2) support federal and state-level policy
and regulatory development; 3) share GHG emissions; and 4) 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 (Inventory). The Inventory provides information on total
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annual U.S. 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 its 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 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 addresses
barriers in the market so that consumers and businesses can 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 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 2020 alone, ENERGY STAR and its partners helped
American families and businesses save more than 520 billion kilowatt-hours of electricity and
avoid $42 billion in energy costs. These savings resulted in emission reductions of more than 400
million metric tons of GHGs (roughly equivalent to more than five percent of U.S. total GHG
emissions) and more than 440 thousand tons of criteria air pollutants (SO2, NOx, PM2.5). ENERGY
STAR's criteria pollutant reductions are estimated to result in $7 billion to $17 billion in public
health benefits.27 These investments in turn drive job creation across the economy. More than
700,000 Americans are employed in manufacturing or installing ENERGY STAR certified
27 For more information on ENERGY STAR's environmental, human health, and economic impacts, please see here:
https://www.energystar.gov/ impacts. For more information on ENERGY STAR calculation methods, see the Technical Notes,
available here: https://ciiiadmiii.energvstar.gov/sites/default/files/asset/document/Technical%20Notes.pdf.
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equipment alone - roughly 35 percent of all energy efficiency jobs in 2020, with energy efficiency
accounting for 40 percent of all energy sector jobs overall.28
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's IT portfolio is the foundation for program operation, partner communications,
data collection, and analysis. The portfolio includes Portfolio Manager, which is the backbone of
roughly 50 mandatory local benchmarking programs across the country; the qualified products
exchange, the repository of information on ENERGY STAR products; the ENERGY STAR
website, which is the program's primary means of communication with partners and citizens and
receives over eight million visits per year; and ES Connect, a customer database used to track and
communicate with thousands of stakeholders. All of these resources are supported by a robust
cloud-based IT infrastructure to ensure performance, reliability, and security for ENERGY STAR
stakeholders.
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 the
residential new construction sector, a quarter of active home builders that partner with ENERGY
STAR are involved in the construction of affordable housing, and more than 75 percent of
ENERGY STAR certified multifamily high-rise buildings are identified as affordable housing.
Over 675 Habitat for Humanity affiliates have built a total of 19,500 ENERGY STAR certified
homes and apartments to date, and over 150 manufactured housing plant partners have constructed
more than 155,000 ENERGY STAR certified manufactured homes.29
Renewable Energy Programs:
EPA works with industry and other key groups to promote climate leadership and encourage
efficient, clean technologies. For example, 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
28 NASEO and Energy Futures Initiative. (2020). U.S. Energy and Employment Report, https://www.energy.gov/useer (link is
external). The survey does not account for retail employment.
29 For more information on ENERGY STAR's residential program, including affordable new construction, please visit:
https://www.energystar.gov/about/origins_mission/energy star overview/about energy _star ^residential sector:
https://www.energystar.gov/about/origins_mission/energy star overview/about.
-------
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 320 million metric tons of GHG emissions.30 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. EPA also establishes norms of
climate leadership by encouraging organizations with emerging climate objectives to identify and
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 islands.
EPA provides the necessary tools, data, and technical expertise to help subnational governments
implement energy efficiency and clean energy policies and programs that reduce emissions,
maximize co-benefits, and prioritize low-income and vulnerable communities. Through
trainings, webinars, outreach, and technical assistance, the Programs help dozens of state and
local governments develop emissions inventories and analyze the emissions impacts and health
benefits of energy efficiency and clean energy strategies. Many more subnational governments use
the Programs' resources and policy guidebooks to discover best practices for emissions reductions
and heat island mitigation. These programs also highlight best practices on how to deliver inclusive
climate programs that benefit low-income communities and improve energy justice.
SmartWav 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.
30 For more information on EPA's Green Power Partnership's environmental, human health, and economic impacts, please visit:
https://www.epa.gov/greenpower/green-power-partnership-program-results.
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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 U.S. Department of Agriculture, focuses on
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 Methane Challenge program spurs 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 agenciesparticularly EPA and U.S. State Departmentthe 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 tonnes 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.31
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.
31For more information on the Global Methane Initiative's environmental, human health, and economic impacts, please visit:
https://www.epa.gov/gmi/us-govemment-global-methane-iiiitiative-accomplishments.
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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
with foreign governments on climate change, and conducting legislative analyses as requested by
Congressional staff. Furthermore, EPA provides critical, world-renowned non-CCh, agriculture,
and forestry analyses and participates in the interagency process to improve and apply the models
and analyses as needed. Moreover, 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 2024 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.
In FY 2024, EPA is requesting $60.5 million, including payroll, and 38.3 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 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. EPA also is requesting $5 million in additional resources to support implementation
of the Greenhouse Gas Reduction Fund under the Inflation Reduction Act. Finally, in coordination
with NASA, EPA is also requesting an additional $5 million to study and prototype 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.
EPA will continue to implement the Greenhouse Gas Reporting Program, which currently covers a
total of 41 sectors with approximately 8,100 reporters. In FY 2024, resources are requested for
anticipated rule making actions including revisions to the Greenhouse Gas Reporting Program to
require enhanced reporting of emissions from U.S. industrial sectors, including methane emissions
from the oil and natural gas sector. In FY 2024, EPA will verify 98 percent of Annual Greenhouse
Gas Reports from these sectors. Focus areas for the Program will include:
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Completing a pending rulemaking to update, streamline, and enhance the scope and quality
of the Greenhouse Gas Reporting Program across multiple sectors, including oil and gas as
well as carbon capture projects.
Aligning the electronic greenhouse gas reporting tool (e-GGRT) with those regulatory
amendments and perform system enhancements to accommodate HFC supply data
submitted by industry to meet the reporting requirements of the AIM Act regulations.
Conducting a verification process through a combination of electronic checks, staff reviews,
and follow-up with facilities.
Publishing reported data while enhancing the Facility Level Information on Greenhouse
Gases Tool (FLIGHT) mapping feature to visually display the distribution of GHG
emissions and sources of GHG supply in areas of the country having environmental justice
and equity concerns.
Continuing the review and decision-making on 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; and
Initiating administrative actions, including one or more rulemakings, using Inflation
Reduction Act appropriated funds to revise the GHGRP subpart W - Petroleum and Natural
Gas Systems and develop the Waste Emissions Charge. It is expected that implementation
of the resulting programs will continue after FY 2024 under this Climate Protection
Program.
In addition, EPA will work to complete the annual Inventory of U.S. Greenhouse Emissions and
Sinks (Inventory). In FY 2024, resources are requested to enhance the data collection, reporting and
publication processes, while also supporting reconciliation and convergence of bottom-up and top-
down approaches to measuring methane emissions, ensuring EPA continues to meet the legally
binding treaty obligations. 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 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 2024, EPA will continue to implement the ENERGY STAR program, partnering with more
than 840 utilities (representing an annual collective investment of $7.6 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. In FY 2024, ENERGY STAR also will continue to
modernize its IT infrastructure, including moving existing software to open-source, cloud-based
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solutions to improve system performance and reliability while also reducing operational costs.
ENERGY STAR will further prioritize usability of its web-based tools and resources for both
partners and the general public.
All 40+ cities and states that have developed mandatory energy requirements for existing
commercial and multifamily buildings (e.g., benchmarking, disclosure, and energy or climate
performance) rely on EPA's Portfolio Manager (EPA's online tool for building managers to
measure and track energy and water consumption, as well as greenhouse gas emissions) and work
with EPA on implementation. In FY 2024, additional resources would be used to ensure the
systems and tools that are needed for state and local legal compliance are both able to meet those
state/local needs (including streamlined access and data entry for small and under-resourced
building owners) and meet Federal IT requirements (e.g., privacy, security, 508).
The Climate Protection Partnerships Division also will support the Inflation Reduction Act's
expanded incentives - including tax credits and/or rebates for consumers, businesses, and owners
of commercial and multifamily buildings that explicitly rely on ENERGY STAR - through both
an information hub and targeted outreach and technical assistance to potential users of these
incentives.
In accordance with an MOU with DOE, EPA has an obligation to review and update ENERGY
STAR specifications on a regular cycle. Failure to update these specifications undermines EPA's
commitments under this MOU and risks a situation where ENERGY STAR specifications would
be less rigorous than DOE's regulatory standards, or national model energy codes and advanced
state-level codes for new construction, which introduces the possibility of legal risk to the Agency.
In FY 2024, the Agency is requesting additional resources to address the growing backlog of
ENERGY STAR specifications that are overdue for review and update.
ENERGY STAR will work in the Residential Sector to enable and accelerate the adoption of energy
efficiency. In FY 2024, the program will:
Update up to five product specifications for ENERGY STAR-labeled products to ensure
top efficiency performance and complete development of a specification for up to one
new product type.
Further amend up to two ENERGY STAR specifications in response to changes in
Department of Energy (DOE) minimum efficiency standards and test procedures.
Complete the stakeholder process across all relevant commercial product specifications to
prioritize labeling of efficient, electric products.
Administer 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 more than 20 certification bodies.
Further drive long-term climate goals by advancing the cutting edge of the current and
future market through the ENERGY STAR Emerging Technology Awards and the
ENERGY STAR Most Efficient recognition program, which recognizes over 3,300 product
models from nearly 260 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
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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.
Continue to develop and implement critical updates of program requirements for EPA's
ENERGY STAR Residential New Construction programs in response to newly developed
and adopted national model codes and unique states codes, such as California, to ensure that
the program continues to deliver at least 10 percent energy savings; and
Accelerate deployment of the ENERGY STAR NextGen Homes and Apartments program
that provides additional recognition for new homes and apartments that include efficient
electric technologies 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 2024, 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 many local governments and states that
are exploring or have adopted building performance standards, as well as continue to
support jurisdictions that have adopted mandatory or voluntary energy benchmarking and
disclosure policies that rely on EPA's ENERGY STAR Portfolio Manager and related
tools; and
Deploy a new ENERGY STAR-based certification program to recognize the next
generation of existing commercial and multifamily buildings that demonstrate achievement
of top efficiency plus low carbon emissions through efficient electrification and use of
renewable energy.
ENERGY STAR will continue to work with partners in the industrial sector to improve efficiency
and reduce costs while protecting the environment. In FY 2024, the program will:
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 convert electricity inputs to source energy.
Work with, review, and audit an expected 200 industrial plants applications registered to
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achieve the ENERGY STAR Challenge for Industry in which industrial sites commit to
reducing their energy intensity by 10 percent within five years; and
Deploy scalable guidance and technical assistance to increase efficiency in lower-resourced
small and medium sized industries.
EPA will implement the Green Power Partnership and other activities to accelerate the transition to
a carbon-pollution free electricity sector. In FY 2024, 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.
Foster market leadership through the Green Power Leadership Awards that focus on the
aggressive actions of Partners to facilitate use of green power within their own operations,
supply chains, underserved communities, and among Partner employees.
Partner with over 130 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.
Promote cost-effective corporate GHG management practices that support the
measurement and management of corporate-wide emissions through expanded staffing and
outreach capabilities for the Center for Corporate Climate Leadership; and
Maintain, update, and expand widely utilized tools, such as the Emissions Factor Hub, that
are key to ensuring accurate and credible estimations of corporate greenhouse gas
emissions and reporting practices in the measurement and management of greenhouse gas
emissions.
In FY 2024, EPA will implement the State and Local Climate and Energy Program to support state,
local, and tribal actions that are essential to tackling the climate crisis, reducing pollution, 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 efficient
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, renewables, and efficient electrification.
Conducting outreach and training on tools to hundreds of state and local officials as well
as increased collaboration with other EPA offices and regions. Focus on energy efficiency
and efficient electrification analytics.
Providing guidebooks and best practices to states and local governments on energy
efficiency and efficient electrification program design through webinars and convenings
for state and local policymakers; and
Helping local governments implement heat island reduction initiatives that are a priority of
vulnerable communities by promoting best practices, updating technical resources, and
engaging stakeholders.
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In FY 2024, 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.
Continue to 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 2024, 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 key sectors transitioning from ODS 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 appliances containing ODS and HFCs.
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.
In FY 2024, 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 projections and
actions will be included in the upcoming first U.S. Biennial Transparency Report, as required by
the U.N. Framework Convention on Climate Change and its Paris Agreement.
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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 and applying 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.
EPA also will analyze program data on greenhouse gas emissions from power plants by:
Developing regulations, conducting regulatory impact analyses, and model emission
projections to address criteria and toxic air pollutants as well as greenhouse gases from the
power sector;
Providing economic analyses and power sector modeling to inform a holistic picture of
multipollutant and multimedia regulation of the sector; and
Conducting detailed analytics and extensive public engagement to integrate environmental
justice into policy development for power sector rules.
Performance Measure Targets:
(PM CPP) Million metric tons of carbon dioxide equivalent reduced annually by EPA's climate partnership
programs.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
486.9
500.7
513.9
MMTC02e
Actual
442.2
505.6
518.4
529.6
Data Avail
11/2023
Data Avail
11/2024
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(PM REP) Percentage of Annual Greenhouse Gas Emission Reports verified by EPA before publication.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
95
65
98
98
98
Percent
Actual
96
97
96
95
99
97
Numerator
7,828
7,821
7,867
7,722
7,935
7,877
Reports
Denominator
8,127
8,061
8,165
8,126
8,029
8,141
(PM HFC) Remaining U.S. consumption of hydrofluorocarbons (HFCs).
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
273.5
273.5
182.3
MMTC02e
Actual
Data Avail
11/2023
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$951.0) This net 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. It also includes support
for critical agency wide infrastructure for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$60,278.0 / +37.3 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 C02 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 ensures the Agency will achieve the intended outputs and outcomes represented
by its climate partnership, GHG report verification, and HFC phaseout performance
targets. This investment includes $7.159.0 million in payroll.
(+$5,000.0) This program change is an increase for EPA, in coordination with NASA, to
study and prototype 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.
(+$5,000.0) This program change is an increase to support implementation of the
Greenhouse Gas Reduction Fund under the Inflation Reduction Act.
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(+$185.0 / +1.0 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
sy,.s:i
S.WJ-I-I
S-l'.-lfiS
SI-.124
Total Budget Authority
$26,821
$30,344
$47,468
$17,124
Total Workyears
103.9
124.5
165.3
40.8
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 criteria 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 169A 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 2024 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 2024, EPA is requesting additional resources to finalize review of the Residual Risk and
Technology Review (RTR) for the Mercury and Air Toxics Standards for power plants, as well as
rules to limit GHG emissions from new and existing sources in the power sector and new and
existing facilities in the oil and gas sector. This increase also implements a strategy to meet
statutory deadlines for Risk and Technology Reviews of Maximum Achievable Control
Technology standards, per corrective action commitments made in response to OIG
recommendations in FY 2022 which include requesting required resources,32 and propose or
finalize actions in rulemakings with court-ordered deadlines occurring in FY 2024.
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 requests resources for FY 2024 to better
incorporate science and input from the reestablished Clean Air Scientific Advisory Committee and
assess information received during the public process for rulemakings to complete these reviews.
In FY 2024, EPA will continue reviewing additional NAAQS, including lead, primary nitrogen and
NOx/SOx/PM Secondary reviews, make revisions, as appropriate, and requests 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.
With FY 2024 resources, 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 vulnerable communities. EPA will work to achieve and
32 The EPA Needs to Develop a Strategy to Complete Overdue Residual Risk and Technology Reviews and to Meet the Statutory
Deadlines for Upcoming Reviews. March 30, 2022. Pages: At-A-Glance, 6, 8, 11, 12,14, 25, 26, & 27.
https://www.epa.gov/system/files/documents/2022-03/ epaoig_20220330-22-e-0026.pdf.
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maintain compliance with any 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;33 the 2010 NO2 standard;34 the 1971 CO standard;
and the 2010 SO2 standard.35 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.
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 2024, EPA will undertake multiple CAA reviews and associated rulemakings. The air toxics
program will prioritize conducting reviews of NESHAP and CAA Section 129 rules, many of which
are subject to court-ordered or court-entered dates or are actions otherwise required by courts. EPA
expects to propose or promulgate more than 15 air toxics rules in FY 2024, including those that
apply to ethylene oxide source categories such as commercial sterilizers and chemical sectors. As
part of this work and to meet the requirements of Executive Order 13990, EPA expects to finalize
its review of the Mercury and Air Toxics Standards for power plants in FY 2024. 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, incorporating environmental justice considerations as part of the
decision-making process. FY 2024 funds also will be used to provide outreach, training, technical
assistance, and capacity building to communities that may be affected by the rules we promulgate.
As called for in the Administrator's April 27, 2021, Memorandum Regarding Per- and
Polyfluoroalkyl Substances,36 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 continue its transition to an approach
33 In September 2016, EPA completed the review of the 2008 Lead NAAQS and retained the standards without revision.
34 In April 2018, EPA completed the review of the 2010 NO2 NAAQS and retained the standards without revision.
35 In February 2019, EPA completed the review of the 2010 SO2 NAAQS and retained the standards without revision.
36 https://www.epa.gov/sites/default/files/2021-04/documents/per-and polyfluoroalkyl substances.memo_.signed.pdf.
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that develops and shares 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 2024, 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 previous three to four - year cycle for toxics data reporting 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
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 continue its work to reduce
GHGs from fossil-fuel fired power plants through new and updated Clean Air Act standards.
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. In FY 2024, EPA plans to finalize amended new source
performance standards and emission guidelines applicable to power plants that it will have
proposed under Section 111 in FY 2023. As part of this effort, EPA also will provide support for
implementation and development of state plans. These actions are key steps toward EPA's
commitment to deliver public health protections from these pollutants for communities across
America.
In FY 2024, EPA will work to fulfill the CAA's Section 111 requirements for approximately six
source categories in multiple rulemaking actions, all of which are subject to court or executive
orders or are in litigation.
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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
7
8
9
Percent
Actual
3
3
7
8
10
Data Avail
11/2023
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(PM NAAQS2) Percentage of people with low socioeconomic status (SES) living in areas where the air quality
meets the PM2.5 NAAQS.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
90
93
97
Percent
Actual
86
82
82
81
85
Data Avail
11/2023
Numerator
54,121,495
52,044,172
51,560,102
48,678,558
50,304,779
People
Denominator
62,631,596
63,150,683
62,687,368
60,053,454
59,241,268
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands)
(+$1,645.0) 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 benefit costs.
(+$15,479.0 / +40.8 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 includes resources to finalize review of the
Residual Risk and Technology Revies (RTR) for the Mercury and Air Toxics Standards
for power plants, as well as rules to limit GHG emissions from new and existing sources
in the power sector and new and existing facilities in the oil and gas sector and to meet
statutory and court-ordered legal deadlines. This investment includes $7,575 million 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SNS.SV-I
SN'.'O-I
.S
S20.SJI2
Science & Technology
$8,494
$11,343
$10,666
-$677
Total Budget Authority
$157,387
$159,047
$366,682
$207,635
Total Workyears
827.8
879.3
1,079.7
200.4
Program Project Description:
The Federal Support for Air Quality Management Program assists state, tribal, 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.
Under this program, 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 criteria 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.
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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
(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. SIPs are the plans that ensure attainment and maintenance of 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.
Outer Continental Shelf (PCS) Air Permit Program
Section 328 of the CAA establishes requirements for managing and minimizing air pollution
through the permitting of activities located offshore of the United States along the Pacific, Arctic
(except the North Slope Borough of Alaska), and Atlantic Coasts, and in certain parts of the Gulf
Coast. Additional specific requirements are codified in rulemaking. To support the nation's
transition to clean energy, EPA is developing policy and guidance applicable to offshore wind
projects being constructed on the OCS and will devote increased resources to this work in FY
2024 to support the Administration's goal of deploying 30 gigawatts of offshore wind power by
2030 as part of the federal government's efforts to tackle climate change.
Protection of Visibility in 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
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toxicity data to provide recent information on air toxics risks from a national perspective and at a
local scale, where possible. 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 and improves 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 and 129. Section 112 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 has promulgated rules for approximately 180 source categories 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, including communities impacted by environmental justice issues.
The Program will prioritize its work, as resources allow, with an emphasis on meeting court-
ordered deadlines and 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, as well as issuance of new source performance standards
and emission guidelines pursuant to CAA Section 111, the review of state plans to implement
those guidelines, and development of federal plans to do so if necessary. EPA has promulgated
rules for approximately six categories of solid waste incineration units to control air toxics and
criteria pollutants under Section 129, and EPA 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. In addition, wildfire
smoke is expected to increase as a result of a changing climate, and this increase will impact an
increasingly greater number of people.
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FY 2024 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 2024, EPA is requesting an additional $90.1 million and 193.4 FTE to support critical work
to implement climate and clean air regulations and programs both at headquarters and in the
regions. This includes activities such as reviewing and taking action on state plans required under
forthcoming GHG standards, priority NAAQS work, taking timely action on SIPs, reducing the
SIP backlog, air monitoring and analysis, and environmental justice activities. Also, the
QIG37.38.39.40 an(j ^ q^q4i [Iave documented several programmatic goals that are not being
fulfilled as a result of insufficient resources year after year in both Headquarters and the Regions.
EPA's corrective actions commit the Agency to seeking resources for these activities.
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. 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.
The request also includes support for NAAQS review work and implementation activities, many
of which are increasingly complex. Critical to successful implementation is timely issuance of
rules and guidance documents, ongoing outreach to states and other entities as well as development
of NAAQS implementation and permitting-related tools. EPA will engage with states and Tribes
to 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, onshore and offshore), 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 community
capacity to be Smoke Ready and reduce smoke exposure; and strengthen internal as well as state,
local, and tribal capacity to better coordinate and communicate regarding wildfire smoke and
address related regulatory activities.
37 EPA Has Reduced Its Backlog of State Implementation Plans Submitted Prior to 2013 but Continues to Face Challenges in
Taking Timely Final Actions on Submitted Plans. June 14, 2021. Pages: At-A-Glance, 11,13, 14, 15, 16, 23, 25, 27, 29, & 32.
https://www.epa.gov/sites/default/fLles/2021-06/documents/ epaoig 20210614-2 l-e-0163 O.pdf".
38 EPA's Title V Program Needs to Address Ongoing Fee Issues and Improve Oversight. January 12, 2022. Pages: At-A-Glance,
15,19, 22, & 25. https://www.epa.gov/system/fLles/documents/2022-01/ epaoig_20220112-22-e-0017.pdf.
39 The EPA Needs to Develop a Strategy to Complete Overdue Residual Risk and Technology Reviews and to Meet the Statutory
Deadlines for Upcoming Reviews. March 30, 2022. Pages: At-A-Glance, 6, 8, 11, 12,14, 25, 26, & 27.
https://www.epa.gOv/system/fLles/documents/2022-03/epaoig 20220330-22-e-0026.pdf.
40 EPA's Processing Times for New Source Air Permits in Indian Country Have Improved, but Many Still Exceed Regulatory
Time Frames. April 22, 2020. Pages: At-A-Glance, 9, 15, 16, 24, & 31. https://www.epa.gov/sites/default/fLles/2020-
04/docunients/ epaoig_20200422-20-p-0146.pdf.
41 AIR POLLUTION: Opportunities to Better Sustain and Modernize the National Air Quality Monitoring System. November 12,
2020. h ttps://www. gao. go v/assets/ gao-21. -3 8 .pdf.
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Addressing Climate Change
EPA expects to take final action under Sections 111 and 112 in FY 2024 for actions that were
proposed in FY 2023 in accordance with Executive Order 13990, which directed 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. In FY 2024, EPA plans to finalize amended new source performance
standards and emission guidelines applicable to power plants that it will have proposed under
Section 111 in FY 2023. Additionally, EPA expects to finalize its review of the Mercury and Air
Toxics Standards for power plants in FY 2024.
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 on-line tools and resources focused on
assisting low-and middle-income countries to implement best practices for addressing air pollution
in ways that achieve climate co-benefits.
In FY 2024, 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
communities as they begin to plan for climate change and implement actions to increase resilience
to climate impacts.
Finally, in FY 2024 EPA is requesting an increase of $1.1 million, including payroll, and one FTE
to support implementation of EPA's Climate Adaptation Action Plan. In particular, this increase
will support priority commitments, such as actions to integrate climate adaptation into EPA
programs, policies, and processes, efforts to address climate adaptation science and data needs,
and efforts to consult and partner with outside stakeholders.
Improving Air Quality
In FY 2024, EPA requests increased resources 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 2021, for example, national average levels have decreased by 21
percent for ozone, 32 percent for coarse particulate matter, 91 percent for sulfur dioxide, and 98
percent for lead.42 In FY 2024, EPA will continue to prioritize key activities in support of attainment
42 For additional information on air quality trends, please see the Air Quality -National Summary at: fattps: //www, epa. gov/air-
trends/air-quality-national-summary and at Our Nation's Air: Status and Trends Through 2021.
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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 2024, 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 expects to complete this review in FY 2023,
and resources in FY 2024 are needed 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 other NAAQS reviews, as required under the Clean Air Act. In
FY 2024, EPA will continue reviewing the lead, primary nitrogen oxides and secondary NAAQS
for sulfur oxides, nitrogen oxides, and particular matter, 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 implementation 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 meet CAA SIP/TIP 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.
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, including identifying and, where necessary, redesignating to
nonattainment areas that previously were in attainment. 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 1,500 SIP submittals (about
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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
improve SPeCS functionality and work to provide additional transparency to the public about
NAAQS nonattainment areas, state SIP requirements, and related EPA actions.
SIPs for Regional Haze
In FY 2024, EPA will continue reviewing and taking action on regional haze SIP revisions for the
second planning period (and working on any remaining first planning period obligations). EPA
will 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. Consistent with this, EPA may be undertaking work on
Federal Implementation Plans (FIPs) as needed to fully implement the Regional Haze
requirements. 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 may also 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 C AA 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 and that EPA review and revise, as appropriate, the list of hazardous air pollutants.
Sections 111 and 129 similarly require review of rules promulgated under those programs to
address air pollution. In FY 2024, 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 and rules
issued under Sections 111 and 129, many of which are subject to court-ordered or court-entered
dates or are actions otherwise required by courts and incorporating 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 2024.
Technical Assistance to External Government Partners
EPA will continue to 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 federal agencies undertaking activities in nonattainment and maintenance areas to ensure
that the emissions caused by their activities will conform to the SIP.
In FY 2024, EPA also will continue to provide technical assistance to state, local, and tribal air
agencies for NSR, OCS, 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. Where EPA is the permitting authority for wind energy projects located on the
OCS, the Agency will prioritize timeliness in providing guidance, feedback, and review of permit
applications consistent with CAA and FAST Act (Title 41) requirements. EPA's Electronic
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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.43 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 2024, 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 2024, EPA will provide support for 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 also enhance its partnerships across the
federal government, such as the Center for Disease Control and the U.S. Forest Service to ensure
a consistent and coherent response and deployment of technical assistance to address the public
health impacts of wildland fire smoke. 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 2024, 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.44 EPA
will continue to consult on priority data gaps to improve the assessment of population exposure to
toxic air pollution.
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.
43 For additional information, please see: https://www.epa.gov/techiiical-air-pollution-resources.
44 For additional information, please see: https://www.epa.gov/amtic/air-toxics-ambient-moiiitoriiig.
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The President's FY 2024 budget request maintains the $100 million for a community air quality
monitoring and notification program requested in the FY 2023 President's Budget 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 2024, 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. The community air quality monitoring and
notification program 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; systems to manage and deliver real-time air quality data
to the public; and management and implementation activities performed by the Agency.
The American Rescue Plan provided resources for the Agency to award community monitoring
grants and to support air quality monitoring at the community level. In FY 2024, EPA is requesting
additional resources to support community monitoring grants and to deploy and maintain mobile
monitoring equipment acquired with American Rescue Plan funds to help address short-term
community monitoring needs.
In FY 2024, EPA will continue to operate and maintain the Air Quality System (AQS), which
houses the Nation's regulatory ambient air quality data. EPA also will continue to support the AQS
Data Mart, which provides that same ambient air quality data to the scientific community and to
the general public. The Agency's national real-time ambient air quality data system, AirNow, will
maintain baseline operations. The public increasingly relies on AirNow for ambient air quality
information during wildfires. In FY 2024, EPA will continue improving the Fire and Smoke map
by engaging tribal, state, and local agencies for input.
The Agency has started a multi-year development process that, when completed, will allow all
ambient air quality data to be submitted to a single information system. This single system will
greatly improve the processing and availability of ambient air quality data to Agency regulatory
partners and to the public. Additional FY 2024 funding is requested to start the development of
this system, which will modernize AirNow, AQS, and the AQS Data Mart.
EPA will continue to operate and maintain the Emissions Inventory System (EIS), which quality
assures and stores current and historical emissions inventory data and supports the development
of the National Emissions Inventory (NEI). EPA, states, and others use the NEI to aid in state and
local air agency SIP development, serve as a vital input to air quality modeling, help analyze public
health risks from air toxics, develop strategies to manage those risks, and support multi-pollutant
analysis for air emissions. The Agency will enhance EIS to support the revised Air Emissions
Reporting Requirements (AERR) rule and other user-focused needs.
EPA is streamlining emissions data reporting for multiple Agency programs through the Combined
Air Emissions Reporting System (CAERS). This system is a central hub that takes a single
submission of data in a single format and sends it to the appropriate EPA program system. When
fully developed, CAERS is expected to reduce the cost to industry by only reporting emissions
data for multiple Agency programs to one system and to the government by better managing
emissions data and making that data available in a timely fashion.
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In FY 2024, EPA will continue a multi-phased process for strengthening air pollution benefits
analysis methods 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 regulatory and emerging issues
and improve access to air toxics data. The Agency will continue implementation of a new approach
that develops and shares 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 2024, EPA will
continue reporting the most current air toxics data each year in the annual Air Trends Report and
an online interactive tool, instead of the previous three to four-year cycle for reporting air toxics
data, 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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
7
8
9
Percent
Actual
3
3
7
8
10
Data Avail
11/2023
(PM NAAQS2) Percentage of people with low socioeconomic status (SES) living in areas where the air quality
meets the PM2.5 NAAQS.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
90
93
97
Percent
Actual
so
s:
82
81
85
Data Avail
11/2023
Numerator
54,121,495
52,044,172
51,560,102
48,678,558
50,304,779
People
Denominator
62,631,596
63,150,683
62,687,368
60,053,454
59,241,268
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$17,125.0) 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. It also includes support
for critical agency wide infrastructure for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$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.
(+$89,903.0 / +193.4 FTE) This program change is an increase to support critical work to
implement climate and clean air regulations and programs. This includes activities such as
reviewing and taking action on state plans required under forthcoming GHG standards,
priority NAAQS work, taking timely action on SIPs, reducing the SIP backlog, air
monitoring and analysis, and environmental justice activities. This investment includes
$35,870 million in associated payroll.
(+$1,284.0 / +1.0 FTE) This program change is an increase to support implementation of
EPA's Climate Adaptation Action Plan. In particular, this increase will support priority
commitments, including the actions within the Office of Air and Radiation's Climate
Change Adaptation Implementation Plan to integrate climate adaptation into EPA
programs, policies, and processes, efforts to address climate adaptation science and data
needs, and efforts to consult and partner with outside stakeholders. This investment
includes $184.0 thousand 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
.S 9.? "
S '2.152
S05.201
Total Budget Authority
$7,937
$6,951
$72,152
$65,201
Total Workyears
21.8
28.2
52.2
24.0
Program Project Description:
EPA's stratospheric ozone protection program implements provisions of the Clean Air Act (CAA)
which facilitates a global phaseout of ozone-depleting substances (ODS); the American Innovation
and Manufacturing (AIM) Act of 2020 to phase down climate-damaging hydrofluorocarbons
(HFCs); and the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal
Protocol). 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,45 which raises the incidence of skin cancer, cataracts, and other illnesses through
overexposure to increased levels of UV radiation.46 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 1890-2100.47 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.
45 World Meteorological Organization (WMO). Scientific Assessment of Ozone Depletion: 2014. Global Ozone Research and
Monitoring Project-Report No. 56, Geneva, Switzerland, 2014.
46Fahey, 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/.
47 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 its substitutes. In 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.48 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.49 The Parties to the Montreal Protocol also agreed to the Kigali Amendment
in 2016,50 which seeks to globally phase down the production and consumption of HFCs consistent
with the AIM Act. The United States ratified the Kigali Amendment on October 31, 2022. EPA
will use the authority in the AIM Act to collect and validate data and 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)
Program51 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 Partnership52 helps
48 Montreal Protocol Decision X1X/6: Adjustments to the Montreal Protocol with regard to Annex C, Group I, substances
(hydrochlorofluorocarbons).
49 The United States ratified the Kigali Amendment on September 21, 2022, providing EPA the authority under the AIM Act to
collect the data needed for reporting on HFCs under the Montreal Protocol.
50Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, Kigali 15 October 2016, found at:
https://treaties.ua.org/doc/Publication/CN/2016/CN.872.2016-Eng.pdf.
51 For more information, please visit: https://www.epa.gov/rad.
52 For more information, please visit: littp://www, epa. gov/greenchi 11.
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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 2024 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 2024 an additional $59.4 million and 24 FTE are requested 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. An additional $5 million is requested 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.
Title VI of the Clean Air Act and Montreal Protocol Activities
In carrying out the requirements of the CAA and the Montreal Protocol in FY 2024, 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,53 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. In FY 2024, EPA anticipates finalizing a rule
on feedstock uses of ODS that was proposed 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.54
EPA will continue to implement the CAA Section 608 and 609 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) program55 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
53 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.
54 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.
55 For more information, please visit: https: //www., epa.. gov/snap.
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end-uses across eight industrial sectors. In FY 2024, 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 there is an urgent need for more options such as certain
air-conditioning and refrigeration applications as well as fire suppression, 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. EPA also anticipates
finalizing a rule in FY 2024 that addresses court decisions concerning the extent to which
manufacturers must replace HFCs with substitute substances.
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.56
AIM Act Implementation Activities
In FY 2024, the Agency will continue to implement the AIM Act HFC phasedown through an
allowance allocation program established in FY 2021, and this work will support implementation
of EPA's Agency Priority Goal. In FY 2024, as resources allow, the Agency will promulgate
rulemakings to establish requirements for the management of HFCs and HFC substitutes in
equipment, distribute grants to support technology transition and equipment transition, and provide
program support for and coordination of implementation efforts within EPA as well as with other
federal agencies.
The Agency will continue to implement and administer an electronic HFC reporting system and
develop additional tracking, review, and data tools to better ensure compliance with the phasedown
regulations, and work with other agencies to prevent illegal imports. In FY 2024, additional
resources are requested to implement innovative IT solutions, such as a QR system and database
integration across EPA and Customs and Border Patrol databases. Specifically, EPA will: ensure
that the phasedown is not undermined by illegal imports; finalize multi-pronged set of rulemakings
to be proposed in FY 2023 that will establish requirements for the management of HFCs and HFC
substitutes in equipment servicing, repair, disposal, or installation, as appropriate; support
enforcement by EPA and across the government by continuing to lead the interagency HFC
taskforce, and stand up new protocols for rules finalized in FY 2023 addressing products
containing HFCs. EPA also will educate stakeholders on HFC phasedown requirements and launch
a container tracking system. EPA will implement a regulation finalized in FY 2023 to issue
allowances for HFC production and consumption for calendar years 2024 and future years. The
Agency also will complete a review required by the AIM Act and undertake rulemaking on
whether to reauthorize the issuance of application-specific allowances for the six uses of HFCs
identified in subsection (e)(4)(B) beyond 2025. Subsection (e)(4)(B) includes the following
56 EPA will implement a rule on process agents that was finalized in FY 2023.
-------
applications that use HFCs:
a propellant in metered dose inhalers.
defense sprays.
structural composite preformed polyurethane foam for marine use and trailer use.
the etching of semiconductor material or wafers and the cleaning of chemical vapor
deposition chambers within the semiconductor manufacturing sector.
mission-critical military end uses, such as armored vehicle engine and shipboard fire
suppression systems and systems used in deployable and expeditionary applications; and
onboard aerospace fire suppression.
In FY 2024, under subsection (h) of the AIM Act, EPA will finalize and begin implementing a
notice and comment rulemaking proposed in FY 2023 to control certain practices, processes, or
activities regarding: 1) the servicing, repair, disposal, or installation of equipment that involves a
regulated substance; 2) a substitute for a regulated substance; 3) the reclaiming of a regulated
substance used as a refrigerant; or 4) the reclaiming of a substitute for a regulated substance used
as a refrigerant.
In FY 2024, under subsection (i) of the AIM Act, the Agency will finalize and begin implementing
regulations to restrict use of HFCs in products and equipment within certain specific sectors or
subsectors where HFCs are used, promoting a transition to next-generation technologies. EPA will
implement new reporting tools, upgrade existing data systems, and develop additional compliance
mechanisms to implement this regulation. 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 2024, $5 million is requested to fund distribution of grants
to support technology transition already underway and equipment transition.
In FY 2024, 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 2024, 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. Under both the AIM Act and the Montreal Protocol, in FY 2024, EPA will be
implementing a 40% reduction in HFCs from historic levels. 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. With
the significant reduction of available HFC allowances in FY 2024, this data exchange will increase
in importance as accurate data will be needed on a near real-time basis. EPA also will continue to
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,
as well as work with State Department and other Departments to carry out the Administration's
whole of government approach. These efforts also include EPA's 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 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
2»r
FY
20IX
FY
201')
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
76.2
76.2
76.2
Metric
Tons
Actual
374.6
434.1
224.2
-110.8
20.8
Data
Avail
11/2023
(PM HFC) Remaining U.S. consumption of hydrofluorocarbons (HFCs).
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
273.5
273.5
182.3
MMTC02e
Actual
Data
Avail
11/2023
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$765.0) 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.
(+$59,436.0 / +24.0 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 $4,357 million
in payroll.
(+$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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S.SJ2/,
SV.244
SIS. 000
S.S', ~5f)
Total Budget Authority
$8,326
$9,244
$18,000
$8,756
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 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 2024 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 2024 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 2021, the Multilateral Fund supported over 8,146 activities in 145 countries that, have
phased out 497,463 ozone-depletion potential metric tons and 305,336 C02-equivalent tonnes of
consumption of controlled substances. Additional projects will be submitted, considered, and
approved in accordance with Multilateral Fund guidelines.
-------
In FY 2024, the United States will continue to promote developing country transitions to climate-
friendly alternatives and will begin to support projects to phase down HFCs under the Kigali
Amendment. A small number of demonstration projects aimed at furthering climate projection are
anticipated. These projects will concern either proper refrigerant disposal or energy efficiency
upgrades. The United States also will support preparatory activities such as establishing HFC
baselines and phasedown starting points and will consider the first Kigali HFC Implementation
Plans (KIPs) to phase down HFCs in developing countries, as well as projects to reduce HFC-23
byproduct emissions ensuring 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 countries' compliance with Protocol obligations.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$8,756.0) This program change reflects 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.
-------
Compliance
-------
Compliance Monitoring
Program Area: Compliance
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
sws.'m,
.S n 2.-30
.SI (>2.105
S-I'JJ
Inland Oil Spill Programs
$278
$649
$2,152
$1,503
Hazardous Substance Superfund
$1,278
$1,017
$1,032
$15
Total Budget Authority
$110,552
$114,396
$165,289
$50,893
Total Workyears
438.5
478.9
520.4
41.5
Program Project Description:
The Compliance Monitoring Program is a key component of EPA's Office of Enforcement and
Compliance Assurance (OECA) that supports both compliance with federal environmental laws
as well as efforts to identify noncompliance. Compliance monitoring activities, such as inspections
and investigations, or review of self-reported compliance monitoring information and other forms
of offsite compliance monitoring, are conducted by EPA and other co-regulators (states, federally
recognized tribes, and territories) to determine if regulated entities are complying with
environmental statutes, applicable regulations, and permit conditions. A robust inspection and
enforcement program is essential to advancing the promise of clean air, land, and water to many
communities across the country, including those historically underserved and overburdened, and
for implementing Executive Order 14008 on Tackling the Climate Crisis at Home and Abroad.
Compliance information gathered from these activities is reported into EPA's data systems 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 enforcement and compliance initiatives. These initiatives help 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 as well as the regulated community, to track compliance 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 environmental laws; (2) facilitate efficient
enforcement; and (3) promote compliance with these requirements. ICIS data is available to the
public via the internet-accessible Enforcement and Compliance History Online (ECHO) system as
well as the companion data change notification tool ECHO Notify. 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 or vulnerable communities and
noncompliance that leads to climate impacts. EPA, through the National Targeting Center, also
utilizes the data in ECHO to help identify the worst problem areas to align inspections and
enforcement activities. 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.57
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, compliance monitoring
reporting, and data sharing requirements for EPA and states. EPA will continue to work with
states to ensure complete and high-quality data acquisition from permits, compliance, and
enforcement data. EPA also 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 2022,
EPA reduced the percentage of permittees in significant noncompliance with their NPDES
permits from a FY 2018 baseline of 20.3 percent to 9.0 percent. This includes a 75 percent
reduction in significant noncompliance (SNC) rates for federal facilities from their FY 2018
baseline.
Compliance Monitoring - Building Capacity in the Compliance Assurance Program's
Inspector Cadre 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. Boots on the
ground that can identify public health concerns and environmental regulatory violations is
critical to protect communities that are underserved or disproportionately impacted. Building
capacity in EPA's inspector cadre is critical for advancing the FY 2022 -2026 EPA Strategic
Plan "Goal 3: Enforce Environmental Laws and Ensure Compliance." This includes OECA's
goal to conduct 55 percent of annual inspections at facilities affecting vulnerable or
overburdened communities by September 30, 2026, an estimated 25 percent increase over
EPA's historical average. In FY 2022, EPA outperformed and achieved nearly 57 percent of
on-site inspections in overburdened communities. 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
57 For more information, please see: https://www.epa.gov/compliance/npdes-ereporting.
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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 SDWA Public Water System Supervision (PWSS) Inspector Training Program,
and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 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, state regulators, and the regulated community to understand compliance rules and
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 2024 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 2024, in addition to EPA's request for $9.0 million and 6.4 FTE to rebuild the inspector
cadre through Civil Enforcement and Forensics Support resources, the Agency requests an increase
of $13.6 million and 32.0 FTE in Compliance Monitoring resources to rebuild the inspector cadre,
with most of the FTE being invested in EPA's ten regional offices. Rebuilding EPA's inspector
corps is a priority for EPA in FY 2024. A robust inspection and enforcement program is essential
to advancing the promise of clean air, land, and water to the many communities across the country
that have not received the full benefits from EPA's decades of progress. Having staff on the ground
that can identify public health concerns and potential environmental regulatory violations is critical
to protect communities that are underserved or overburdened.
EPA's inspection programs have been under-resourced for over a decade leading to a loss of
agency expertise and a decline in the numbers of inspections. To meet EPA's Environmental
Justice (EJ) goals and the mission to protect human health and the environment and ensuring that
Americans have clean air, land and water, EPA must rebuild and strengthen its inspection program
with increased hiring and training of new and existing inspectors, including in-person basic
inspector training and travel resources for the following programs: Clean Air Act; Safe Drinking
Water Act; Clean Water Act; Resource Conservation and Recovery Act; Federal Insecticide,
Fungicide, & Rodenticide Act; and Toxic Substances Control Act. Additionally, funding will allow
EPA to purchase health and safety equipment and inspection monitoring equipment such as
Forward Looking InfraRed (FLIR) cameras, Data Acquisition Real-Time (DART), flame
ionization detectors/photo ionization detectors, fenceline monitors, and Smart Tools software and
hardware for inspectors. In addition, travel funding for inspections also is essential for inspectors
to conduct on-site field inspections.
-------
The increased resources and FTE for rebuilding the inspector cadre also will be used to assess
federal facility compliance with all environmental statutes. EPA proposes to hire additional
inspectors for federal facility investigations to increase sampling capabilities to identify regulatory
violations. This investment will assist in dispute resolution and case development against federal
agencies that are responsible for contamination (e.g., of per- and poly-fluoroalkyl substances
(PFAS)), thereby protecting public health of surrounding communities affected by those
contaminants.
Funds also will be used to continue the 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 increasing data availability to the public, including
communities with EJ concerns. Compliance monitoring funds will advance protection of
communities by increasing inspections and compliance assistance to ensure nearby facilities
adhere to regulations designed to protect vulnerable populations. The increased funding will help
create and expand programs to further environmental protections and increase monitoring
capabilities.
In addition, the Agency will continue to modernize its national enforcement and compliance data
system as it expands its compliance monitoring and technical assistance efforts to address EJ issues
(including the Compliance Advisors for Sustainable Water Systems Program), Smart Tools for
inspectors, implementation of the Evidence Act, PFAS, and climate change concerns including
resilience and reduction in the use of hydrofluorocarbons (HFCs).
EPA will continue its customer-focused, evidence-based targeting approaches to help inspectors
find environmental problems with software and technical assistance from the National Targeting
Center (NTC). The NTC utilizes media-specific Communities of Practice for collaboration with
EPA, regions and programs, state and tribal partners, relationships with academic data science
labs, and cutting-edge data science approaches to develop training and tools. ECHO (and ECHO
Gov) serves as the data integration hub used by the NTC for developing the models, publishing
the developed tools, and providing a means for accessing the results.
EPA will continue to implement its comprehensive action plan for integrating EJ and climate
change considerations throughout all aspects of the Program, including 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)5* This work includes, but is not limited
to, multi-state/multi-regional matters, issues of national significance, complex contamination at
and from federal facilities, and emergency situations.
58 For additional information on the Executive Order on Tackling the Climate Crisis at Home and Abroad, please see:
https://www.whitehouse.gov/briefing-room/OTesidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-
home-and-abroad/.
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In addition, EPA also will provide some targeted oversight and support to state, local, tribal, and
other federal agency 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, tribes, and federal
partners.
With the resources approved in FY 2022 and received in FY 2023 by the Inflation Reduction Act
(IRA), EPA will continue its data system modernization effort to better support states, tribes, local
governments, other federal agencies, and the public's need for information.59 System
modernization will facilitate EPA's efforts to better target noncompliance that impacts
overburdened or vulnerable communities and will increase the availability of information about
environmental conditions in those communities and elsewhere.
In FY 2024, EPA is requesting an increase of $22.9 million and 5.0 FTE to 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, including future integration of
the data collected using Smart Tools, which will facilitate better access of compliance data and
community information (e.g., from EPA's EJ screening tool) to EPA, states, tribes, other federal
agencies, and to the public.
In FY 2024, EPA is requesting an increase of $2.0 million to continue expansion of its software
solutions for field inspectors to improve the effectiveness and efficiency of compliance inspections
conducted by EPA and authorized states. In Fiscal Years 2020 and 2021, EPA rolled out its Smart
Tools for inspectors in the Resource Conservation and Recovery Act (RCRA) Hazardous Waste
Program, and the CWA-NPDES Program respectively. 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 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. The work on the design and
development of software for additional inspection programs will continue through FY 2024 and
beyond (e.g., Underground Storage Tanks, Clean Air Act, Toxic Substances Control Act, FIFRA,
Good Laboratory Practices Standards).
EPA will increase its implementation of the Evidence Act60 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 2024, EPA will continue to collect new information and conduct studies under this
59 Inflation Reduction Act: https: //www, congress, gov/1.1.7/plaws/publ 1.69/PLAW-1.1.7publ 1.69 .pdf
60 Foundations for Evidence-Based Policymaking Act (Public Law 115^35):
https://wvyw.c0ngress.g0v/l 1.5/plaws/publ435/PLAW-1.1.5publ435.pdf.
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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 prioritizing the most pressing programmatic
questions; planning evidence-based studies to address these questions; and identifying effective
and innovative approaches for improving compliance. The first two priority projects identified
through this effort will focus on assessing the effectiveness of offsite compliance monitoring and
identifying the root causes of municipal noncompliance and interventions that are effective at
overcoming impediments to compliance.
In FY 2024, EPA will continue the Agency's Compliance Advisors for Sustainable Water Systems
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, in overburdened or vulnerable
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.
Through FY 2022, Compliance Advisors have provided technical assistance to approximately 199
small PWSs and 63 WWTFs in under-resourced communities nationwide, across all Regions -
covering 25 states, Puerto Rico, and seven tribes. There are thousands 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 or vulnerable communities.61 As of early 2023, Compliance Advisors have delivered
more than 140 Recommendations Reports to small drinking water and wastewater systems and
have provided more than 1,000 standard operating procedures, checklists, and other tools to help
these small systems return to sustained compliance. 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.
61 OECA protocols for identifying Areas of Potential EJ Concern.
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In FY 2024, EPA will continue to support inspections and fund compliance monitoring efforts to
support development of civil enforcement cases. The Agency will use compliance monitoring
funds to continue supporting enforcement and compliance inspections adhering to Clean Air Act
requirements for motor vehicles, engines and fuels, stationary sources, chemical accident
prevention, wood heaters, municipal solid waste landfills, 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); FIFRA 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 requirement efforts to reduce the harmful
effects of climate-change causing chemicals like HFCs; Resource Conservation and Recovery Act
requirements for hazardous and non-hazardous solid waste; and Safe Drinking Water Act
requirements for public water systems.
In FY 2024, EPA will continue efforts to develop actions to address PFAS. PFAS can present an
urgent public health and environmental threat to 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 effects
of their widespread use. Today, PFAS have been found in drinking water, 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).62
In FY 2024, the Agency is requesting an increase to support EPA's PFAS Strategic Roadmap.
Resources will be used 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, waste disposal facilities, and federal
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.
Performance Measure Targets:
(PM 409) Number of federal on-site compliance monitoring inspections and evaluations and off-site
compliance monitoring activities.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
14,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
Inspections
&
Evaluations
Actual
11,800
10,600
10,300
8,500
10,800
13,900
(PM 444) Percentage of EPA inspection reports sent to the facility within 70 days of inspection.
62 For additional information, please see: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7530144/pdf/nihms-1627933.pdf.
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FY
FY
FY
FY
FY
FY
FY
FY
Units
2»r
20IX
201<)
2020
2021
2022
2023
2024
Target
75
75
75
75
75
Percent
Actual
83
85
83
Numerator
4,177
1,940
4,362
Reports
Denominator
5,037
2,287
5,237
(PM 450) Percentage of EPA inspections at facilities affecting communities with potential environmental
justice concerns.
FY
2»r
FY
20IS
FY
201')
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
45
50
50
Percent
Actual
57
Numerator
3,333
Inspections
Denominator
5,861
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$3,820.0) 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. It also includes support
for critical agency wide infrastructure Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
(+$22,891.0 / +5.0 FTE) This program increase will allow EPA to accelerate the
modernization of the Integrated Compliance Information System (ICIS) and enhance its
integration with the Enforcement and Compliance History Online (ECHO) 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 (e.g., from
EPA's EJSCREEN tool) to EPA, states and to the public. This modernization will enhance
EPA's efforts to address compliance concerns in disadvantaged communities. This
investment includes $891.0 thousand for payroll.
(+$13,556.0 / +32.0 FTE) This program increase will rebuild EPA's inspector cadre.
Additional funding will build capacity for inspections, case development, and to
supplement this program's training and travel budget. This funding will enhance EPA's
compliance monitoring programmatic capabilities to improve efforts to address pollution
in overburdened and vulnerable communities. This investment includes $5.7 million for
payroll.
(+$3,000.0) 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, and
SDWA 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
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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 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 identified by the Regions
and States as having concerns because of lead Action Level exceedances.
(+$2,000.0) This program increase will allow EPA to advance work on the Smart Tools
for Field Inspectors to develop the tool for some of the smaller programs that have more
of a direct impact for EJ communities such as the TSCA lead-based paint programs.
(+$1,057.0 / +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 $357.0 thousand for
payroll.
(+$644.0 / +0.5 FTE) This request for climate change adaptation funding will support
implementation of the OECA Climate Adaptation Implementation Plan. Resources will
support completion of priority actions including continued staff training to build climate
change knowledge and consideration of climate change in all aspects of enforcement. This
investment includes $89.0 thousand in payroll.
(+$357.0 / +2.0 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements. This investment includes
$357.0 thousand in payroll.
(+$50.0) This program increase will continue to provide compliance oversight and perform
follow up from recent inspections of the Red Hill Fuel Facility to prevent future fuel leaks
into the military's drinking water.
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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Information Exchange
-------
Children and Other Sensitive Populations: Agency Coordination
Program Area: Multi-Media
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SO.O'JS
sfijo:
SJJ.S
Total Budget Authority
$6,098
i>6,362
i>6,500
S138
Total Workyears
18.3
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 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. 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. The Children's Health Program is directed by
the 2021 Policy on Children's Health,63 Executive Order (EO) 13045: Protection of Children's
Health from Environmental Health Risks and Safety Risks,64 statutory authorities addressing
children's environmental health, and other existing guidance.65 The Program works to tackle the
climate crisis and advance environmental justice (EJ) by identifying and reducing inequitable
impacts of climate change and adverse environmental exposures on children, particularly children
in underserved communities.
In FY 2022, the Children's Health Program supported Pediatric Environmental Health Specialty
Units by providing programming on children's health in EJ communities;66 hosted a workshop to
provide technical assistance to grantees to support the improvement of school facilities with an
emphasis on underserved communities;67 implemented a partnership with the Association of State
and Territorial Health Officials to support inclusion of children's environmental health at the state
level; funded publication of a report and interactive website based on a workshop by the National
Academy of Science to identify the latest priorities to protect children's health; conducted an
internal workshop to prioritize children's health research needs and the inclusion of research
findings in EPA decision-making; partnered with Boys and Girls Clubs of America to provide
students in tribal nations, military installations, and underserved communities with actionable
information to protect children's health, particularly in the face of climate change; updated 28
63 For more information, please see: https://www.epa.gov/children/epas-policy-childrens-health.
64 For more information, please see: https://www. goviiTro.gov/coiiteiit/pkg/FR--1.997-04-23/pdf/97-1.0695 .pdf.
65 For more information, please see: https://www.epa.gov/children/rules-and-reCTlations-impact-childrens-health.
66 For more information, please see: https://www.pehsu.net/.
67 For more information, please see: https://www.epa.gov/newsreleases/epa-announces-selection-organizations-receive-funding-
healthy-leaming-environments.
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indicators in America's Children and the Environment and continued to modernize data
visualization capabilities; conducted two plenary meetings of the Children's Health Protection
Advisory Committee (CHPAC),68 and received advice on 1) American's Children and the
Environment, 2) Climate Change Priorities for Children's Health; implemented CHPAC's
recommendations on health learning environments, pesticides and TSCA, and initiated a new
request for advice regarding prevention of lead exposure in infants; hosted a series of events to
educate the public about children's health protection, including webinars regarding the Pediatric
Environmental Health Specialty Units; updated website pages and conducted events and outreach
to stakeholders to reinvigorate EPA's presence and voice, among other initiatives. The Program
supported several Interagency Policy Councils on Child and Maternal Health to assist their
development of all-of-government approaches for protecting children's health in schools and
improving maternal health outcomes. OCHP contributed to the Lead Exposure and Prevention
Advisory Committee and the National Committee on Children, Climate and Disasters hosted by
the Department of Health and Human Services, the Cancer Moonshot, and others.
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 protect 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 conduct a landscape analysis on opportunities for interagency collaboration
on climate, emergencies, and disasters. Work continued to scope the agenda for a new
subcommittee to focus on children's environmental health and chemicals. OCHP played a key role
in the development and publication of EPA's Final Strategy to Reduce Lead Exposures and
Disparities in U.S. Communities and prepared a companion high-level update to the interagency
Federal Lead Action Plan to Reduce Lead Exposures report. Within EPA, OCHP and the regional
coordinators collaborate closely with EPA's national program managers and regional offices, as
well as with EPA's Office of Environmental Justice and External Civil Rights, 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 2023, the Children's Health Program will contribute to the development of 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. To
implement EPA's updated 2021 Policy on Children's Health69, OCHP will identify and train
children' health champions in each EPA program office, updated guidance documents for use by
EPA rule managers, and deliver associated training on how to conduct children's health
evaluations. In FY 2023, OCHP also will implement the first year of its first long term performance
goal for advancing protection of children's environmental health applicable to relevant EPA
national programs. Together, EPA programs aim to complete 163 actions toward this long-term
performance goal in FY 2023. OCHP continued a coordinated national approach among regional
Healthy Schools programs. With its newly updated webpages, OCHP will reach stakeholders
68 For more information, please see: https://www.epa.gov/children/chilclrens-health-protection-advisory-coiiimittee-chpac.
69 For additional information, please see: https://www.epa. gov/systeni/files/docmnents/2021. -1.0/2021. -policy-on-childrens-
health.pdf".
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through more than 161,000 page views, and institute approaches to better coordinate headquarters
and regional children's environmental health activities.
FY 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, EPA will continue to protect children in underserved communities who suffer
disproportionately from the effects of exposures magnified 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, and second, the recognition that protecting children's health is
necessary to protect human health, because every adult was once a child.
In FY 2024, the Children's Health Program will work to tackle the climate crisis and advance EJ
by following up on recommendations from the National Academy of Science, which highlighted
the latest scientific advancement and challenges to protecting children's health. The Program will
continue to implement the 2021 Policy on Children's Health and its associated long-term
performance goal to ensure that EPA consistently and explicitly considers early life exposures and
lifelong health in all human health decisions. OCHP will continue to engage with EPA national
programs to appropriately include assessment and consideration of risk to children's
environmental health in risk assessment, risk management decisions, regulations, policies,
guidance documents, program initiatives and public engagement. 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 across the federal government in the areas of climate change and
disasters, childhood lead; asthma disparities; and climate, emergencies and disasters, exposure to
toxic chemicals, and other topics. The Program also will continue to build on partnerships with
key stakeholders such as the Boys and Girls Clubs of America and others and leverage resources
and work for durable, nationally relevant improvements in children's health protection.
The Program 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 and continue to modernize its social media presence to improve outreach
to affected communities. The Program also will coordinate two meetings of the CHPAC, with
delivery of expert responses to additional charge questions related to high priority children's
environmental health issues.
Performance Measure Targets:
(PM CHOI) Number of EPA actions that concern human health that include assessment and consideration of
environmental health information and data for children at all life stages to the extent relevant data are
available.
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FY
2»r
FY
20IX
FY
201')
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
50%
163
TBD
Actions
Actual
N/A
(PM CH02) Number of EPA regional offices with stakeholder engagement on children's environmental
health designed to provide durable, replicable, and widespread results.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
3
6
7
Regional
Actual
6
Offices
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$55.0) 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.
(+$83.0) 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
Liability Act (CERCLA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); and Food
Quality Protection Act (FQPA).
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Executive Management and Operations
Program Area: Multi-Media
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S.\\Xrj
S 50,100
SO'. (,00
S 11.-1-10
Tolal Budget Authority
S56,160
S67 600
Si 1,440
Total Workyears
266.5
278.6
311.6
33.0
Total workyears in FY 2024 include 6.2 FTE to support Executive Management 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 (OPE).
The Program also supports EPA's 10 regional offices. 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 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, the Agency requests an additional $11.4 million and 33.0 FTE for the Executive
Management and Operations Program. These additional resources will 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
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capacity to the Executive Management and Operations Program; provide contract support for the
Agency's 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. This investment also provides an annual payroll increase for existing FTE; essential
workforce support costs; support for critical agency wide infrastructure for Executive Order 14028
cybersecurity requirements, electronic discovery for FOIA and litigation support; implementation
of Trusted Vetting 2.0; and FTE to support agencywide implementation of EPA's Diversity,
Equity, Inclusion, and Accessibility Strategic Plan and Evidence Act data stewardship and
governance requirements, including data officer support and information technology and
information management support.
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 2024, 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 2024, 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
Program will 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
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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
senior leaders. In FY 2024, OPA will continue to inform the media of agency initiatives and deliver
timely, accurate information. The Office will continue to update the Agency's internet site to
provide stakeholders with transparent, accurate, and comprehensive information on EPA's
activities and policies. OPA will continue using social media, multimedia, and new media tools to
provide stakeholders with information. The Office also will work with EPA's program 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.
EPA will keep 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 2024, 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
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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.
In FY 2024, the President's Task Force on Environmental Health Risks and Safety Risks will
convene to report on progress across the federal government in the areas of climate change and
disasters, childhood lead, asthma disparities, and exposure to toxic chemicals. The Lead
Subcommittee will continue to focus on an all of government approach to reducing exposures to
lead. 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.
EPA will work with healthcare providers and families to address this problem directly. To further
support the Administration's Lead Exposure Reduction Initiative, and in coordination with EPA's
program and regional offices, in FY 2024, 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)70 to enhance and support training of healthcare providers in underserved communities
to prevent and reduce children's exposure to lead.
There are several unique risk communication challenges regarding lead, but also unique assets for
the Agency to deploy to reduce risk to the American publicespecially to children. Lead exposure
to children can result from multiple sources and can cause irreversible and life-long health effects.
There is no level of lead exposure which is safe. This means that anything the Agency can do to
reduce exposure and lower children's blood lead levels will lead to significant improvements in
public health and brighter, more productive futures for America's children. The specific goals for
FY 2024 include: implementing 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.
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 2024, OAES will continue to conduct the following mission
support functions: human resources management, budget and financial management, information
technology and security, outsourcing, facilities management, and Government Accountability
Office/Office of the Inspector General audit management.
70 Pediatric Environmental Health Specialty Units (littps: //www,pehsu.net/) provide expert information, training and consultation
for health care professionals and the public on evidence-based prevention, diagnosis, management, and treatment of children's
environmental health conditions. The PEHSU Program increases the ability of the general public to take simple steps to reduce
harmful exposures by raising awareness among parents, school officials and community leaders.
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In FY 2024, 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, Freedom of Information Act, Plain
Writing Act, Privacy Act and related statutes and regulations. OEX will continue to manage the
AO's correspondence management, records management, records digitization, Privacy Act
implementation, Controlled Unclassified Information and FOIA response activities. OEX also will
continue to manage EPA's enterprise correspondence tracking and workflow management
information technology application.
OEX also will continue to process correspondence for the Administrator and Deputy
Administrator; review and prepare documents for their signature; manage the Administrator's
primary email account; serve as custodian of the Administrator's, Deputy Administrator's and 10
senior officials' records; oversee the records management program for all AO staff offices; oversee
the Controlled Unclassified Information program for all AO staff offices; and review and issue
ethics determinations for gifts received by the Administrator and Deputy Administrator. OEX also
will manage the privacy program for the AO and monitor, review, and audit AO systems of
records. Finally, OEX will continue to manage the AO FOIA program and respond 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.
In FY 2024, OPE 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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$1,009.0) 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. It also includes support
for critical agency wide infrastructure for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$5,640.0 / +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 $3.8 million in payroll.
(+$2,550.0 / +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 $1.5 million in payroll.
(+$1,752.0 / +2.5 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 $0.5 million in payroll.
(+$489.0 / +2.5 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements. This investment includes
approximately $0.5 million 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); Environmental Research, Development, and
Demonstration Authorization Act (ERDDAA).
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Exchange Network
Program Area: IT / Data Management / Security
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
s/j.ino
S H.W5
S/7.6.S5
-S3W
Hazardous Substance SupeiTund
SI,137
$1,328
$1,328
$0
Total Budget Authority
$14,153
$16,323
$16,013
-$310
Total Workyears
25.2
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 (EEDS), 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) 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.71 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 (EJ). 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 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, 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
71 For more information on the Central Data Exchange, please see: littps: //cdx. epa. gov/.
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supports business process change agencywide. Under this strategy and the 21st Century Integrated
Digital Experience Act,72 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 29 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 2024, EPA will continue to improve the functionality and use of the System of Registries.73
In addition to streamlining the Registries, EPA will continue to implement 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 2024, 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 a wide range of data for each registry to measure customer usage and engagement. The
Agency also tracks web service hits to measure the number of users leveraging publicly available
APIs. For example, the SRS website has approximately 90 thousand pageviews per month; many
of these pageviews are users visiting the SRS web area to understand regulatory information about
chemicals. SRS also receives between 20 thousand and 140 thousand web service hits per month
72 For more information on the 21st Century Integrated Digital Experience Act, please refer to:
https://wvyw.c0ngress.g0v/l 1.5/plaws/publ336/.PLAW-1.1.5publ336.pdf.
73 For more information, please see: https://ofmpub.epa.gov/sor Jntemet/registry/sysofreg/about/about.jsp.
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(depending on reporting cycles), mostly by EPA systems that have incorporated the web services
into their online reporting forms. FY 2024 priorities for EPA registries include continually
improving registry technologies by migrating the registries to a cloud-based environment open-
source platform to make them easier to locate, access, and utilize.
In FY 2024, 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 2024, 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 16
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 (due 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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$852.0) 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.
(-$1,162.0) This program change in the Exchange Network reflects the completion of a
one-time investment to migrate the TRIBES, SRS, and READ applications to a cloud-
based open-source platform.
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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Public Engagement, Partnerships, and Environmental Education
Program Area: Multi-Media
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SSJOJ
SV.5DD
S 23.V2
SI-1,-1'J
Total Budget Authority
$8,303
$9,500
$23,972
$14,472
Total Workyears
10.5
11.2
24.2
13.0
Program Project Description:
The Public Engagement, Partnerships and Environmental Education Program coordinates critical
stakeholder outreach across all the EPA's programs and environmental education, supporting the
Agency's mission and Administration priorities.
Public Engagement and Partnerships
EPA's Public Engagement and Partnerships Program initiates and maintains the Agency's
relationship with principal stakeholders to enhance the effectiveness of environment decision-
making. EPA is committed to engaging with all stakeholders on important issues and policies and
communicating stakeholder input and concerns to EPA leadership. The achievement of EPA's
environmental goals requires the active engagement of all stakeholders and organizations that are
impacted by EPA policies and regulations, including environmental justice, climate change, and
infrastructure. Resources support communicating and fostering strong relationships with the
public, convening briefings and meetings, organizing events, and gathering timely and relevant
information to inform agency decision making. The Program proactively establishes relationships
with stakeholders to ensure a broad range of voices are captured in the Agency's work.
In FY 2022, the Program coordinated numerous stakeholder and community engagements for the
Administrator and senior leadership. Most notable was the Administrator's Journey to Justice work
to foster community engagement. The three Journey to Justice tours highlighted longstanding
environmental justice concerns in under-served communities at the forefront of environmental
burdens. From these tours, the Agency delivered bold action to address environmental justice
concerns, including increasing enforcement measures for out of compliance facilities and creating
direct lines of communication with the communities and senior EPA officials. These relationships
have been maintained in the months since and residents on the ground have become a part of
agency engagement for announcements on rules and regulations. In FY 2022, EPA also established
EPA's Historically Black Colleges and Universities (HBCU) Council to foster stronger
relationships with HBCUs and Minority Serving Institutions (MSIs); and to explore enhanced
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opportunities for recruitment of students and ways to support HBCUs/MSIs through grants,
contracts, transparent data sharing, and community engagement.
Environmental Education
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 "there is growing
evidence of international environmental problems, such as global warming...that pose serious
threats to human health and the environment."74 The Environmental Education Program
implements environmental education (EE) programming that helps EPA address these issues from
the local community to national and international levels with a focus on communities that are
pollution-burdened and as well as underserved communities. Staff manage the National
Environmental Education Act Federal Advisory Committee (NEEAC). 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. The Program 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.
Each year, our Nation's youth are recognized for their outstanding dedication to environmental
stewardship projects and teachers are honored for promoting environmental awareness and
education. In FY 2022, EPA recognized 13 educators and 49 students for their leadership and
commitment to environmental education and environmental stewardship. The PIAEE awards
recognize outstanding kindergarten through grade 12 teachers who employ innovative approaches
to environmental education and use the environment as a context to engage their students. The
PEYA honors and highlights a wide variety of projects developed by K through 12th grade students,
school classes and clubs, youth camps, and youth organizations to promote environmental
awareness and action in their schools and communities. Students in all 50 U.S. states and territories
are invited to participate in the Program.
74 For more information, please see: https://www.epa.gov/sites/production/files/documents/neea.pdf
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FY 2024 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.
In FY 2024,EPA requests an investment of $14.3 million and 13.0FTEforthe Public Engagement,
Partnerships and Environmental Education Program to expand activities established in FY 2022,
to explore the creation of a National Environmental Youth Advisory Council, and improve the
Agency's public engagement, partnership, and outreach initiatives at the regional level and across
the Agency. The increased investment will not be used to fund the NEEA, or environmental
education activities as defined under the NEEA.
Public Engagement and Partnerships
In FY 2024, this investment will enable the Program to increase efforts to coordinate critical
stakeholder outreach that supports the Agency's mission and Administration priorities. A key
priority of this Administration is to integrate local communities into agency activities and
environmental initiatives to address disproportionate environmental and public health harms and
risks in underserved communities through a range of local initiatives. With the additional
resources, EPA will provide additional public engagement capacity in the regional and
headquarters offices to foster greater public engagement across the Agency and to communicate
and engage local communities on environmental initiatives. The Program will support local public
engagement activities by developing key partnerships with local stakeholders and community
members to ensure the environmental concerns of local communities are heard. Local, on-the-
ground engagement will further connect the Agency with the American people and foster
relationships across the Agency to implement HBCU and MSI initiatives, and establish a National
Advisory Youth Council.
In FY 2024, resources will support:
Regional Community Engagement. The Program will work directly with the regional
offices to coordinate and communicate on agency public engagement initiatives (e.g.,
Justice40; Journey to Justice and other community tours; HBCU/MSI engagements). This
will support the Administrator to ensure visibility with local stakeholders, community
members and greater coordination with the Regional Administrators. EPA will maintain
ongoing, proactive communications with stakeholders, and will facilitate opportunities for
the Agency to benefit from stakeholders and community interest groups, who can provide
independent perspective, expertise, and advice.
Journey to Justice. The Program will continue to manage and plan the Administrator's
Journey to Justice tours, highlighting longstanding environmental justice concerns in
under-severed communities at the forefront of environmental burdens. The Program will
work with the regional offices, community members, stakeholders, and local leaders to
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ensure EPA delivers action to address environmental justice concerns and to maintain
community-level relationships for agency announcements on rules and regulations.
Public Private Partnerships. The Program will explore, engage, and foster public and
private partnerships with outside stakeholders to elevate the Agency and the Administrator
to non-traditional stakeholders, ensuring a broader group of people are engaged with the
work EPA is doing.
Historically Black Colleges and Universities (HBCUs) and Minority Serving Institution
(MSIs). EPA will create an HBCU/MSI Consortium and Federal Advisory Committee to
increase engagements with EPA and help develop the next generation of environmental
leaders. The HBCU Consortium will establish a funding mechanism for HBCU and MSI
schools toward technical assistance and workforce development related to environmental
justice, climate change, and environmental education. It also will help to create sustainable
partnerships with HBCUs and MSIs resulting in tangible improvements for schools and
students as environmental leaders in underserved communities and increase outreach and
recruitment opportunities for EPA. The HBCU-Federal Advisory Committee will help to
create sustainable partnerships with HBCUs and MSIs resulting in tangible improvements
for schools and students as environmental leaders in underserved communities and increase
outreach and recruitment opportunities for EPA.
National Environmental Youth Advisory Council. The Program will explore the creation of
a National Environmental Youth Advisory Council. The Council will provide independent
advice and recommendations to the EPA Administrator on how to increase EPA's efforts
to address a range of environmental issues including but not limited to environmental
justice, pollution reduction, energy, climate change mitigation and resiliency,
environmental health, and racial inequity. Efforts will include a broad range of strategic,
scientific, technological, regulatory, community engagement, and economic issues related
to the above categories and more.
Environmental Education Outreach. The Program will work to enhance public engagement
to amplify the environmental education work that's happening on the local level. This
includes scheduling regional events and visits with EE grantees and PEYA/PIAEE award
winners to highlight their leadership and commitment to environmental education. The
Program also is creating a digital newsletter as an engagement tool to showcase what
climate action and environmental education looks like across the country. The publication
will include articles, feature stories, videos, resources, events, grantee spotlight,
announcements and more. The content also will be posted throughout EPA's social
networks and on its website.75
75 For additional information, please see: https://www.epa.gov/education.
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Environmental Education
In FY 2024, EPA requests approximately $9.3 million for the Environmental Education Program.
The Program 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 2024, resources 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 a grant website tool for the public that provides detailed and valuable information
on all EE 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, 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.
Continue the long-standing partnership with NEEF (National Environmental Education
Foundation) as we work collaboratively to identify opportunities to achieve environmental
education goals. EPA and NEEF will have an MOU to work together on water
infrastructure and safe drinking water, public health, climate change, environmental
justice, and citizen and climate science. EPA and NEEF will seek to work together on
additional education and public outreach efforts as appropriate.
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.
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Utilize an information management system that will track outputs and outcomes for each
grant to ensure program effectiveness, improve program efficiency, and improve overall
customer service. The information tracking system also will be used for the PEYA and
PIAEE Programs.
Partner with the Center of Science and Industry on their Learning Lunchboxes. These EPA
branded kits (water infrastructure themed) will help to make STEM (science, technology,
engineering, and math) learning opportunities more accessible to underserved youth. COSI
plans to distribute 130,000 Learning Lunchbox kits over the next two years.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (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, adjustments to provide essential workforce support,
and changes to benefits costs.
(+$14,302.0 / +13.0 FTE) This program change is an increase for the Public Engagement,
Partnerships and Environmental Education Program to expand activities established in FY
2022, explore the creation of a National Environmental Youth Advisory Council and
improve the Agency's public engagement, partnership, and outreach initiatives at the
regional level and across the Agency. This investment includes approximately $2.35
million for payroll and will not be used to fund environmental education activities as
defined under the National Environmental Education Act.
Statutory Authority:
National Environmental Education Act (NEEA); Clean Air Act (CAA), § 103; Clean Water Act
(CWA), § 104; Solid Waste Disposal Act (SWDA), § 8001; Safe Drinking Water Act (SDWA), §
1442; Toxic Substances Control Act (TSCA), § 10; Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), § 20, and the Federal Advisory Committee Act (FACA).
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Small Business Ombudsman
Program Area: Multi-Media
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 1.56-1
S 2.250
.S 2.22'
-SJ.i
Total Budget Authority
SI,564
^2,250
^2,227
-i>2 3
Total Workyears
3.3
5.6
5.6
0.0
Program Project Description:
The Small Business Ombudsman Program includes the Asbestos and Small Business Ombudsman
(ASBO),76 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
within the Office of Policy's (OP) Office of Regulatory Policy and Management. These activities
within OP collectively lead EPA's responsibilities under the Regulatory Flexibility Act, as
amended by the Small Business Regulatory Enforcement Fairness Act.77
The ASBO Program provides a suite of resources, technical assistance, and opportunities for small
business engagement, training, and advocacy for fair consideration. 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 from the public. The Small Business
Ombudsman role provides informal guidance and support in the rulemaking process and offers
environmental compliance assistance and resources for small business. The ASBO advocates for a
fair process in working with small business, and in so doing, partners with a variety of internal and
external stakeholders, including EPA programs and regional offices, State Small Business
Environmental Assistance Programs (SBEAPs),78 and the U.S. Small Business Administration
Office of Advocacy, and Office of the National Ombudsman. The ASBO also engages with various
small business groups and associations.
Overall, the core functions of the ASBO include:
Assisting the public with hotline questions and complaints.
Improving access to federal and state environmental information and assistance.
Supporting EPA in better understanding small business perspectives when considering
76 For more information, please see: https://www.epa.gov/resources-small-busiiiesses/asbestos-small-busiiiess-
ombudsman.
77 For more information, please see: https://www.epa.goV/aboutepa/about-office-policy-op#ORPM.
78 For more information, please see: https://nationalsbeap.org/.
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regulatory impacts or enforcement issues.
Advocating for and facilitating informal small entity engagement activities.
Developing recommendations or reports on EPA's asbestos and small business compliance
assistance programs.
Based on the Agency's overall small business regulatory and environmental compliance assistance
activities, EPA has earned a grade of "A" in the last 16 SB A Office of the National Ombudsman
Annual Reports to Congress.79
FY 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
Consistent with EPA's priorities for addressing climate change, equity, and Environmental Justice
(EJ) in FY 2024, the ASBO will:
Develop and issue ASBO program reporting to help guide the Agency on issues related to
asbestos, small business regulatory impacts and adherence to the 507 Program
requirements. 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 statutorily required to monitor and report on the effectiveness
of EPA's asbestos and small business environmental compliance assistance programs. In
FY 2022, the ASBO developed, vetted, and issued an integrated strategy for carrying out
these monitoring and reporting responsibilities. In FY 2024, the ASBO will fully
implement these responsibilities, building on its activities in gathering relevant data,
including information collected in FY 2023. This implementation will help identify
opportunities to strengthen operational efficiency and effectiveness in the delivery of
program services and support.
Continue to support state small business stakeholder engagement with EPA's EJ activities
through ASBO's ongoing collaboration and cooperative assistance agreement with the
Kansas State University. ASBO funds the cooperative agreement in support of the National
SBEAP. SBEAPs are a key stakeholder on EJ activities as they work directly within the EJ
community and service small and disadvantaged businesses located within their state. In
response to Executive Order (EO) 13985,80 the SBEAPs recently created an EJ
Subcommittee to provide targeted support to small and disadvantaged businesses located
in underserved communities. In FY 2024, the ASBO will support the SBEAP's EJ
Subcommittee efforts through outreach and event planning activities, and assistance with
EPA EJ coordination within states. Through ASBO's cooperative agreement with the
79 For more information, please see: https://www.sba.gov/sites/default/files/2022-04/SBA ONO ArniualReport_2020-508 0.pdf.
80 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/.
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National SBEAP, the ASBO also will continue to support, enhance, and promote the
SBEAP website's foreign language page, which is a key EJ resource for assisting the
underserved, non-English speaking business community.
Continue to strengthen small business access to regulatory and environmental compliance
resources, training, and stakeholder collaboration. This includes leveraging the ASBO
direct hotline assistance and small business engagement activities to target technical
assistance to overburdened and marginalized small business communities. As an example,
in FY 2023, the ASBO began utilizing an off-the-shelf subscription tracking and
management technology for its monthly newsletter to conduct data analytics to better
identify small business communities for outreach and engagement activities. Additionally,
ASBO will continue to review, update, and expand its portfolio of small business resources.
Foster stronger internal communication and collaboration within EPA and its rule writers,
especially EPA's Office of Air and Radiation, which has specific implementation
responsibilities for Tackling the Climate Crisis At Home and Abroad, under EO 14008.81
ASBO will offer EPA rule writers virtual facilitation and coordination support for early
and informal small business engagement during the rulemaking process. Early and
informal engagement with the small business community will allow the Agency to better
understand industry practices and business impacts early in the rule development process
to better understand, and when possible, mitigate, regulatory burdens on small and
disadvantaged businesses.
Continue to convene and manage Small Business Advocacy Review Panels, under OP's
Small Business Advocacy Chair, which help to inform agency rule writers of EPA rules
that may have a significant impact on a substantial number of small entities.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$23.0) This net 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. This funding change
includes a slight reduction to this program. The Agency will prioritize activities to continue
to maintain compliance with its statutory obligations under the Small Business Act.
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;
81 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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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: Multi-Media
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 2.56-1
S 2J)5(>
sy.y'M
son
Total Budget Authority
1
i>2,056
S 1,996
-S60
Total Workyears
8.4
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 EPA
awards an average of 40 percent of total acquisition dollars to small businesses annually - far
exceeding the government-wide goal of 23 percent. EPA most recently earned the highest grade
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of "A+" on the FY 2021 Small Business Procurement Scorecard, outperforming the Agency's
record of an "A" grade for the last 12 consecutive Scorecards.82
FY 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
Consistent with EPA's priorities to advance Environmental Justice (EJ), further procurement
equity to support underserved businesses and communities, and expand the Nation's supplier base,
in FY 2024, the Program will:
Leverage technology to foster more efficient and effective vendor engagement as a pivotal
component in expanding small and socioeconomic business participation in EPA
acquisitions. Industry has specifically indicated in various EPA listening sessions held in
FY 2022, that ensuring small business access to federal procurement opportunities and
corresponding officials is indispensable to furthering procurement equity. In FY 2024,
OSDBU will deploy a new system to simplify matching small and socioeconomic vendors
with EPA contracting opportunities and responsible EPA officials. Utilizing matchmaking
technology will take advantage of available artificial intelligence to ensure small and
disadvantaged businesses have meaningful access and opportunities to market their
solutions, experience, and capabilities to EPA officials. Also in FY 2024, OSDBU will
continue to build on its successful deployment of its enhanced electronic vendor profile
database. OSDBU will institute additional reconfigurations to enable EPA officials to
customize discrete vendor lists for specific categories of spend. This will streamline
acquisition planning and market research, resulting in reductions in the overall
procurement action lead time.
Engage in more dynamic acquisition planning and market research by strengthening
OSDBU's role as an essential member of the Agency's integrated acquisition team. In FY
2024, OSDBU will continue to strengthen agencywide compliance with internal vendor
engagement metrics to expand the Agency's market intelligence and familiarity with
socioeconomic small business sources available in the federal marketplace. OSDBU will
assume a leading role in providing small business expertise and counsel in tailoring and
coordinating innovative vendor engagement strategies to maximize meaningful small and
socioeconomic business procurement opportunities.
Implement a new policy to expand large business utilization of small and socioeconomic
businesses in the performance of prime contracts. In FY 2022, OSDBU initiated a pilot for
an optional small and socioeconomic business utilization strategy in EPA Superfund
remedial acquisitions. The utilization strategy is intended to incentivize prime contractors
to maximize small business contracting teaming arrangements consistent with the efficient
performance of prime contracts. In FY 2024, OSDBU will partner with EPA's Office of
Acquisition Solutions (OAS) to adopt a formal policy expanding application of the strategy
more broadly to other agency acquisitions, and to provide related training to EPA officials
82 For more information, please see: https://www.sba.gov/agency-scorecards/scorecard.html?agency=EPA&year=2021.
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and industry. Significantly, implementing the strategy more broadly will encourage large
business joint venture, mentor-protege, and subcontracting relationships with small
businesses. This will help build small and socioeconomic business capabilities, capacity,
and experience, and thereby diversify and expand the federal supplier base in accordance
with governmentwide procurement equity directives83 on expanding procurement equity.
Conduct robust EPA in-reach activities to educate the Agency's acquisition workforce on
structuring acquisitions to expand small business contracting opportunities and reduce
barriers to procurement equity. In FY 2024, OSDBU also will collaborate with OAS to
develop a bootcamp training curriculum to equip and enhance small business proficiency
in competing for EPA contract awards and effective contract administration.
Performance Measure Targets:
(PM SBl) Percentage of EPA contract spending awarded to HUBZone businesses.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
3.0
3.2
3.4
Percent
Actual
1.6
2.4
2.2
2.0
4.9
3.1
Numerator
25
37
35
30
75
59
Millions of
Dollars
Denominator
1,500
1,500
1,500
1,500
1,500
1,900
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$60.0) 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. This funding change includes a
slight reduction to the Program. The Agency will prioritize activities to continue to
maintain compliance with its statutory obligations under the Small Business Act.
Statutory Authority:
Small Business Act, 15 U.S.C § 644(k).
83 For more 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-govemment/ and
https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-Q3.pdf
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State and Local Prevention and Preparedness
Program Area: Multi-Media
Goal: Safeguard and Revitalize Communities
Objective(s): Prepare for and Respond to Environmental Emergencies
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SI-I.V5 ~
S I5.44(>
S2J.SS-I
SS.-IJS
Total Budget Authority
$14,957
$15,446
$23,884
$8,438
Total Workyears
57.7
67.1
93.1
26.0
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, first responders, and planning groups to increase understanding of risks.84
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.85
Under Section 31 l(j)(5) of the Clean Water Act (CWA), EPA is required to issue and implement
regulations requiring certain facilities to develop plans to respond to worst case discharges of
hazardous substances that could threaten navigable waters.
FY 2024 Activities and Performance Plan:
84 For additional information, please refer to: https://www.epa.gov/rmp.
85 For additional information, please refer to: https://www.epa.gov/epcra.
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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 2024, 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 1,700 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.86 EPA prioritizes
inspections at high-risk facilities.
The Program generally aims to conduct approximately 300 inspections a year, or three
percent of all RMP facilities. 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.). Additional resources will allow the
Program to complete approximately 200 more inspections per year once the new inspectors
are trained and credentialed.
Protect fenceline communities through regulatory updates and 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.
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
funding requested in FY 2024, EPA will continue improvements to the RMP national
database to accommodate new risk management plan submission elements resulting from
recent regulatory changes and providing increased public access to non-sensitive portions
of the RMP database and subsequent 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.
Implement the changes made in the RMP Safer Communities by Chemical Accident
Prevention final rule, which the Agency expects to be completed in August 2023. This rule
86 Located in EPA's RMP database.
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will initiate the updating of EPA interpretive guidance and training EPA, state, and local
inspectors on new and updated regulatory provisions to address Administration priorities
on environmental justice and climate change.
Under Section 31 l(j)(5) of the CWA, EPA will continue developing 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. EPA requests
$300 thousand and 2 FTE in FY 2024 to begin implementation efforts for this new
regulatory program. These additional funds and staff will be used to develop
implementation guidance and training and outreach materials and begin training regional
staff on conducting inspections and exercises for the new regulatory provisions.
Conduct outreach to regulated industry concerning changes or updates to RMP and EPCRA
regulations and interpretive guidance.
Coordinate and collaborate with state, tribal, and local response entities on emergency
response plans and procedures to ensure cohesive and effective responses to chemical
releases.
Performance Measure Targets:
Work under this program directly supports performance results in the Superfund: EPA Emergency
Preparedness program under the Superfund appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$419.0) 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.
(+$7,519.0 / +26.0 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
$4.5 million for payroll.
(+$500.0) This program increase is to upgrade and support operations and maintenance of
the existing RMP database.
Statutory Authority:
The Emergency Planning and Community Right-to-Know Act (EPCRA); the Clean Air Act (CAA)
§ 112(r); Clean Water Act (CWA) § 3 11
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TRI / Right to Know
Program Area: Multi-Media
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Promote Pollution Prevention
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S IJ.Of,-/
S 15.052
SI-I.O/S
-.S/.fti-/
Total Budget Authority
$13,064
$15,052
$14,018
-$1,034
Total Workyears
36.8
37.0
37.0
0.0
Program Project Description:
EPA's success in carrying out its mission to protect human health and the environment depends
on collecting and making available timely, accurate, and relevant information to communities,
non-governmental organizations, industry, academia, and government agencies at the local, state,
tribal, federal, and international levels. EPA's Toxics Release Inventory (TRI) Program87 supports
the Agency's mission by annually collecting and publishing in a publicly accessible form: 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).88 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
stakeholders. 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, unemployment, education level, linguistically isolated households, and
young and elderly populations, as well as tribal land and risk indicators.
The Program collaborates with other EPA programs on data 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 dataset 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 datasets independently. Such insights are
especially valuable for 1) identifying opportunities based on TRI-reported, location-specific
release trends to reduce toxic chemical releases in disadvantaged communities in accordance with
the Administration's environmental justice (EJ) priorities, and 2) promoting TRI-reported
87 For additional information, please visit: http://www.epa.gov/tri/.
88 Many per- and polyfluoroalkyl substances (PFAS) were added to the TRI chemical list as a component of the National Defense
Authorization Act for Fiscal Year 2020 (NDAA) when the Act was signed into law on December 20, 2019. The first year of TRI
reporting these PFAS was calendar year 2020.
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pollution prevention (P2) practices that reduce the release of toxic chemicals and/or emissions of
greenhouse gases (GHGs).
The TRI Program 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 disadvantaged communities.
FY 2024 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 2024, EPA will continue to build upon 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 (as applicable), 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 supports the Administration's EJ priorities as the Program will play an important role
in conducting analyses to support EPA's goals for disadvantaged 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 its online reporting application, TRI-MEweb ("TRIMade Easy
web" reporting tool), to assist reporting facilities with the electronic preparation and submission
of TRI reports through EPA's Central Data Exchange (CDX),89 which manages TRI access and
authentication services and provides identity proofing. TRI-MEweb has built-in functionality to
help 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).90
EPA will continue to maintain TRI-MEweb and the TDX throughout FY 2024. The Agency also
will continue to support the TRI Processing System (TRIPS) database, which is the repository for
TRI data.
In FY 2024, as a key element of its data quality assurance strategy, 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. 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). Additionally, EPA will
89 To access the CDX, please visit: fattps: //cdx. epa. gov/.
90 For additional information, please visit: https://www.epa.gov/toxics-release-iiiventory-tri-program/tri-data-exchange.
-------
explore opportunities to streamline the TRI listing process to enhance efficiencies in the TRI
program.
The Program also will continue to publish English and Spanish versions of the annual TRI National
Analysis,91 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
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.92 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, hosting a TRI National Conference
and, if resources permit, launching a TRI University Challenge.
Section 7321 of the National Defense Authorization Act of 2020 requires EPA to assess certain
Per- and Polyfluoroalkyl Substances (PFAS) to determine whether they meet Emergency Planning
and Community Right-to-Know Act (EPCRA) Section 313 chemical listing criteria. During FY
2024 EPA will finalize a rulemaking to add certain PFAS to the TRI list based on the TRI-listing
criteria. Further, the TRI Program's information, data, and analyses will support the Toxic
Substances Control Act (TSCA) Program, helping to identify conditions of use and to 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 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
agencywide.
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.93 The
quantity and complexity of petitions are unknown until submitted to EPA. EPA will continue to
respond to any TRI chemical petitions received during FY 2024.
91 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.
92 EnviroFacts may be accessed at: fattps: //enviro. epa. gov/.
93 Additional information on current petitions may be found at: https://www.epa.gov/toxics-release-inventory-tri-program/toxics-
release-inventory-laws-and-regulatory-activities.
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Because electronic systems that collect and disseminate TRI data largely have been developed, FY
2024 work will focus on the operations and maintenance of TRI-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.
In FY 2024 the TRI Program will analyze and identify facilities and sectors releasing TRI-listed
substances proximal to disadvantaged communities (using functionalities within EPA's analytical
tools, such as TRI Toxics Tracker and EJ Screen). 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
data94 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 to 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 disadvantaged communities with EJ concerns. The Program also will 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.95
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$457.0) This net 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. It also includes support for critical
agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
94 For additional information, please visit: https//www.epa.gov/tri/p2.
95 To access the P2 EJ Facility Mapping Tool, please visit https://www.epa.gov/p2/p2-ej-facility-mapping-tool.
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electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
(-$1,491.0) This program change is a decrease in contract resources to support IT analytical
tools.
Statutory Authority:
Emergency Planning and Community Right-to-Know Act (EPCRA) § 313; Pollution Prevention
Act of 1990 (PPA) § 6607.
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Tribal - Capacity Building
Program Area: Multi-Media
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
s
SN.'li
smo'-i
s/y.yiy
Total Budget Authority
$13,735
$14,715
$34,674
$19,959
Total Workyears
71.5
78.6
166.9
88.3
Program Project Description:
EPA is responsible for protecting human health and the environment under federal environmental
statutes. Under the Agency's 1984 Indian Policy,96 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 for underserved communities, strong
meaningful tribal engagement, 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 consideration and integration of tribal treaty rights and reserved rights
into EPA decision-making and regulatory development.
This program also supports the Categorical Grant: Tribal General Assistance Grants Program.
EPA's American Indian Environmental Office leads the agencywide effort to ensure
environmental protection in Indian country. Please see http://www.epa.gov/tribal for more
information.
FY 2024 Activities and Performance Plan:
96 EPA Policy for the Administration of Environmental Programs on Indian Reservations, available at
fattps://www. epa.gov/tribal/epa-policy-adiiiiiiistratioii-eiwiroiiiiieiital-prograiiis-iiidiaii-reservatioiis-1.984-iiidiaiHiolicy.
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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 $20 million in additional resources and an increase
of 88.3 FTEs to focus on advancing environmental justice in Indian Country by ensuring full and
robust implementation of the laws that EPA administers in all areas in need of such protections
while simultaneously honoring the federal trust responsibility to the hundreds of federally
recognized tribes EPA works with throughout FY 2024.
Overall, the Agency continues to make steady progress towards strengthening human health and
environmental protection in Indian Country. In FY 2024, EPA will further the following priorities:
~ Strengthen tribal partnerships and engagements, including through tribal consultation and
engagement;
~ Build tribal capacity to administer and meaningfully participate in environmental
programs;
~ Directly implement programs in Indian Country for equitable environmental protection
especially for underserved tribal communities; and,
~ Enhance the protection of tribal treaty rights in EPA activities.
The strategic investment will directly result in the following enhancements and deliverables:
~ Improve public health by reducing disparities in compliance rates between Indian Country
and the national average through greater Office of International and Tribal Affairs support
and leadership to EPA programs and regions for planning and measuring EPA direct
implementation actions in Indian Country.
~ Initiate a General Assistance Program (GAP) oversight process to ensure GAP funds are
being efficiently distributed and used.
~ Initiate national coordination with Intertribal Consortia for technical assistance and GAP
planning.
~ Implement the revised EPA Tribal Consultation Policy and Implementation Guidance to
improve consultation practices in conformance with Executive Order on Tribal
Consultation and train EPA staff. Review and improve access to and quality of tribal data
and information held in EPA information management systems to enable informed
management and budget decisions on tribal matters.
~ Provide technical assistance for tribes to support delegation of federal authority to the tribal
government that allow tribes to implement EPA overseen programs.
Make EPA regulatory tribal information available to tribal members and the public on
EPA's EJScreen and other data systems through technical changes to existing EPA data
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systems and develop a registry of EPA regulated facilities and entities in Indian Country
that is publicly available.
~ Develop best practices for engagement of communities by tribal governments with
delegated federal authority.
~ Reduce the ratio of grants per Project Officer for tribal grants.
~ Support tribes and EPA regions in negotiating EPA-Tribal Environmental Program
Agreements (ETEPs) and all aspects of the National Environmental Performance
Partnership System (NEPPS) including Performance Partnership Grants (PPGs).
~ Provide greater regional liaison work to strengthening partnerships with tribes with "more
time per tribe" for GAP technical assistance.
~ Provide greater and earlier meaningful engagements with tribes on actions that require
consultation.
~ Implement grant performance management system to measure tribal capacity and establish
EPA GAP grant reporting to benefit tribes and EPA.
~ Work as national program coordinator and connector for regional Environmental Justice
Thriving Communities Navigators.
~ Work as the liaison to the Office of Policy's Climate Adaptation Program to strengthen
regional liaison work to implement tribal-related climate and treaty right priorities in the
EPA Strategic Plan and Climate Adaptation Implementation Plans including consideration
of a whole government approach to implement Tribal Climate Adaptation Implementation
Plans.
Tribal Consultation: In working with the tribes, EPA follows its Policy on Consultation and
Coordination with Indian Tribes.91 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 2023, EPA expects to complete over 985 tribal
consultations, nearing an important agency milestone under the EPA Tribal Consultation Policy.
EPA anticipates completing another 125 tribal consultations in FY 2024. 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. EPA's work increases access to public benefit programs and advancing
environmental justice through simplified access to TCOTS information The system provides a
management, oversight, and reporting structure that helps ensure accountability and transparency.
Capacity Building: EPA will continue to support mechanisms for tribes to pursue developing and
implementing federal environmental programs, including the "treatment in a manner similar to a
97 Please refer to: https://www.epa.gov/tribaWorms/consultation-and-coordination-tribes.
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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 tribal
governments to build their capacity to meaningfully participate and engage in environmental
protection activities. As of July 2022, EPA had approved 103 TAS regulatory program delegations
to tribes, including 21 approvals for compliance and enforcement authority. EPA had 20 DITCAs
with tribes in place in FY 2022.
Indian Environmental General Assistance Program Capacity Building Support: GAP grants
to tribal governments help build the basic components of a tribal environmental program. The
Agency manages GAP grants according to its Indian Environmental GAP Guidance on Financial
Assistance Agreements.98 In FY 2024, EPA will continue to administer GAP financial assistance
to build tribal capacity and address environmental issues in Indian Country under new GAP
guidance and training. EPA's work in FY 2024 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 PPG goals. EPA will strive to incorporate
environmental justice and climate change considerations in these activities.
GAP Performance Measurement: EPA will adjust the performance management application to
align with the revised GAP Guidance 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. Increased GAP
performance will complement tribal capacity in media programs including efforts for CWA and
SDWA SRF tribal set-asides.
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 2024, 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 and other EPA applications.
Performance Measure Targets:
(PM E21) Number of significant actions taken by EPA programs with direct implementation authority that
will result in measurable improvements in Indian country.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
Target
Ksiablished
25
20
Significant
Actions
Actual
25
(PM EC41) Percentage of EPA tribal consultations that may affect tribal treaty rights that consider those
rights as part of the consultation.
98 Please refer to https://www.epa.gov/tribal/gap-guidance-fiiiancial-assistance-agreements for further information.
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I V 20 r
I V 20IS
I V 201<)
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
20
25
50
Percent
Actual
100
Numerator
19
Tribal
Consultations
Denominator
19
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$1,882.0) 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. This includes support for critical
agency wide infrastructure for Executive Order 14028 cybersecurity requirements, electronic
discovery for FOIA and litigation support, and implementation of Trusted Vetting 2.0.
(+$17,896.0 / +87.3 FTE) This program change increases FTE and resources to advance
equitable implementation of EPA authorities and directives in Indian Country. This
increase also will allow the Agency to work effectively with tribal governments and
communities, administer tribal grants and critical technical assistance, and fulfill the
federal trust responsibilities that align with the environmental statutes. Support will be
provided to priority commitments made in EPA and Tribal Climate Adaptation
Implementation Plans and allow additional incorporation of Indigenous Knowledge into
climate change efforts. This includes $15,971 million in associated payroll.
(+$181.0 / +1.0 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements.
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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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SI
.S 205.V-12
S2-/2.5K5
Leaking Underground Storage Tanks
$631
$661
$682
$21
Inland Oil Spill Programs
$2,660
$2,565
$2,665
$100
Total Budget Authority
$182,354
$209,168
$245,932
$36,764
Total Workyears
883.8
998.1
1,041.7
43.6
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 federal, state, local, tribal, and territorial
regulatory partners to encourage compliance, compel regulated entities to correct and/or mitigate
violations, and 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 public, federal, and private regulated 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 2022,
because of EPA civil enforcement actions, approximately 95 million pounds of air, water, and
toxic pollutants and approximately 100 million pounds of hazardous and non-hazardous waste
were treated, minimized, or properly disposed."
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 components).
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 (FIFRA); 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
99 For additional information on EPA's FY 2022 enforcement and compliance assurance program results, please visit:
https://www.epa.gov/enforcement/enforcement-and-compliance-amiual-results-fLscal-year-2022.
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Manufacturing (AIM) 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).
Even where a state is authorized or has delegated program implementation responsibility, EPA
retains concurrent enforcement authority. The Agency and authorized states have a joint
responsibility to achieve and maintain high levels of compliance with the nation's environmental
laws. 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, or where direct federal action is
necessary to take timely or appropriate steps to address threats to public health and the
environment. 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. EPA's work to protect communities with environmental
justice (EJ) concerns is a shared goal and responsibility of EPA and partner agencies. To carry out
statutory oversight responsibilities, a robust inspection and enforcement program is essential to
advancing the promise of clean air, land, and water to many communities across the country,
especially overburdened communities and communities impacted by climate change.
FY 2024 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 2024, the Agency requests an increase of $8.5 million and 5.4 FTE in civil enforcement
resources to rebuild the inspector cadre at Headquarters. This is in addition to the Agency' s request
for $14.1 million and 33.0 FTE to rebuild the Headquarters and Regional inspector cadre through
Compliance Monitoring and Forensics Support resources. Rebuilding EPA's inspector corps is an
EPA priority for FY 2024. A robust inspection and enforcement program is essential to advancing
the promise of clean air, land, and water to the many communities across the country that have not
received the full benefits from EPA's decades of progress. Staff on the ground that can identify
public health concerns and potential environmental regulatory violations is critical to protect
communities that are vulnerable or overburdened. EPA's inspection programs have been under-
resourced for over a decade leading to a loss of agency expertise and a decline in the numbers of
inspections. To meet EPA's EJ goals and the mission to protect human health and the environment
and ensuring that Americans have clean air, land and water, EPA must rebuild and strengthen its
inspection program with increased hiring and training of new and existing inspectors, including
in-person basic inspector trainings and travel funding for the trainings for the following programs:
CAA; SDWA; CWA; RCRA; FIFRA; and TSCA. Additionally, funding is needed to purchase
health and safety equipment and inspection monitoring equipment such as Forward Looking
InfraRed (FLIR) cameras, Data Acquisition Real-Time (DART), flame ionization detectors/photo
ionization detectors, fenceline monitors, Smart Tools software and hardware for inspectors. Travel
funding for inspections also is essential to get inspectors into the field.
In FY 2024, the Agency also requests an increase of $8.2 million and 19.9 FTE to enforce the AIM
Act by preventing the illegal importation and use of hydrofluorocarbons (HFCs) in the United
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States, facilitating a transition to next-generation technologies, and managing HFCs in existing
equipment. EPA's job will be exponentially harder in FY 2024 as additional phasedown
requirements and new requirements restricting the import, manufacture, and use of certain
products come into effect. Enforcing the AIM Act in FY 2024 will more than double the level of
effort as compared to enforcing the existing 2021 HFC Phasedown regulations. EPA requests a
significant additional infusion of FTE and extramural resources for equipment, training, and other
important tools, to lead the HFC Task Force and catch and deter potentially widespread illegal
imports in FY 2024. The HFC 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 implement new HFC
allowance modules and expand its ozone depleting substances (ODS) tracking system to assess
ongoing compliance. In addition, in FY 2024, training on the new enforcement techniques and
support for implementation of both rules will be needed. As a result, civil enforcement needs an
infusion of attorneys and inspectors to catch and prosecute violators. The additional FTE for case
development, will assist in developing enforceable AIM Act rulemakings planned for FY 2024
and beyond. Without additional staff to find the violators, EPA will fail to achieve the benefits
Congress intended in promulgating the AIM Act: phasing down HFCs and accelerating the transfer
to new innovative technologies.
In FY 2024, EPA will continue to protect 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 Section 112(r)), TSCA, and the Emergency Planning and
Community Right-to-Know Act (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 2024, EPA will continue to integrate EJ and climate change considerations (including HFCs)
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
action" (EO 14008, sec. 201).100 EPA will focus on strengthening enforcement and resolving
environmental noncompliance through remedies with tangible benefits for disadvantaged
communities 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.
100 For additional information on the Executive Order on Tackling the Climate Crisis at Home and Abroad, please visit:
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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In FY 2024, EPA will incorporate climate and EJ factors into case development while pursuing
enforcement and compliance assurance work (e.g., to emphasize areas where greenhouse gas
emission can be reduced while providing benefits in underserved communities, such as reducing
air emissions from oil & gas and landfills), increase climate and EJ focused inspections,
incorporate community outreach, and expand inclusion of mitigation and adaptation/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. 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 AIM Act. Additionally, EPA will continue its strong emphasis on identifying and
resolving CAA noncompliance in the oil and gas sector and requiring compliance with the
Renewable Fuel Standard regulations.
In FY 2024, EPA will utilize resources to investigate and identify releases of per- and
polyfluoroalkyl substances (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, waste
disposal facilities, and federal facilities where PFAS are suspected of contaminating various
environmental media. PFAS released into the environment can present an urgent public health and
environmental threat. EPA will continue to investigate releases, address imminent and substantial
endangerment situations, and prevent exposure to PFAS, under multiple environmental statutes.
OECA is stretching its base resources to (1) issue corporate-wide information requests and analyze
responses, (2) create site profiles and information databases on specific facilities, (3) obtain site-
specific data, and (4) use administrative and judicial authorities to require sampling and other
response actions.
In FY 2024, new statutory and regulatory requirements will mean an increased need to evaluate
and address noncompliance with these rules. As a result, the Agency will increase efforts to enforce
the Coal Combustion Residuals (CCR) Rule. EPA's review of publicly posted CCR Rule
compliance information 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. CCR evaluations are technically
complex and require review and analysis of facility assessments that cover necessary corrective
action measures and facility plans to permanently close units (the units can sometimes be hundreds
of acres in size). EPA needs to conduct CCR compliance reviews to ensure that facilities properly
address the significant health risks posed by these units and bring enforcement actions when
violations are found. This work is identified as a priority in the FY 2022 - 2026 EPA Strategic
Plan.
EPA will continue to focus its enforcement resources, over a four-year cycle, on the most serious
environmental violations by developing and implementing National Enforcement and Compliance
Initiatives (NECIs) that seek to improve air quality, provide for clean and safe water, and ensure
chemical safety.101 EPA issued a notice of public comment period in January 2023 on six proposed
NECIs for FY 2024-2027 (described below). EPA's proposed NECIs will update the current FY
2020-2023 NECIs. As part of that process, EPA proposed to continue or modify four of the current
national initiatives and return two remaining current initiatives to the standard ("core")
101 For additional information, please visit: https://www.epa.gov/enforcement/national-enforcement-and-compliance-iiiitiatives
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enforcement program. EPA proposed two new NECIs: one that would focus specifically on
mitigating climate change by reducing non-compliance with applicable requirements (e.g., under
the CAA and AIM Act), and second to address PFAS contamination with a focus on manufacturers
and federal facilities. EPA also will fully incorporate EJ considerations into every existing and
proposed NECI as the EPA seeks to reduce environmental harm in vulnerable and overburdened
communities and incorporate climate resiliency considerations in the current and proposed
initiatives. Lastly, EPA also is taking comment on whether to include in the NECIs its ongoing
efforts to address lead exposures (e.g., lead-based paint, lead in drinking water, etc.), and CCR
contamination.
EPA's Proposed FY 2024-2027 NECIs:
The following current initiatives are proposed to continue or be modified:
o Creating Cleaner Air for Communities - focuses on processes with widespread non-
compliance such as flares, storage tanks, wastewater treatment, and
incineration/combustion to reduce excess emissions of harmful air pollutants that
adversely impact vulnerable and pollution-burdened communities.
o Reducing Risks of Accidental Releases at Industrial and Chemical Facilities -
focuses on decreasing the likelihood of chemical accidents, thereby reducing risk
to communities.
o 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.
o 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.
The two potential new NECIs in FY 2024-2027 are described as follows:
o Mitigating Climate Change - focuses on reducing non-compliance with the AIM
Act and the CAA to seek to combat climate change, which poses a risk to human
health and the environment.
o Addressing PFAS Contamination - focuses on implementing the commitments to
action made in EPA's 2021-2024 Per- and Poly-fluoroalkyl substances (PFAS)
Strategic Roadmap to address PFAS contamination that pose a threat to human
health and the environment.102
The following current initiatives are proposed to return to the standard "core" enforcement
program:
o 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.
102 For additional information, please visit: https://www.epa.gov/pfas/pfas-strategic-roadmap-epas-commitments-action-2021-
2024.
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o 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.
Performance Measure Targets:
(PM 434) Millions of pounds of pollutants and waste reduced, treated, or eliminated through concluded
enforcement actions.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
325
325
325
325
325
325
325
Millions of
Pounds
Actual
461
810
347
2,058
7,864
195
(PM 436) Number of open civil judicial cases more than 2.5 years old without a complaint filed.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
129
120
99
99
96
95
Cases
Actual
94
74
66
65
(PM 446) Quarterly percentage of Clean Water Act National Pollutant Discharge Elimination System
(NPDES) permittees in significant noncompliance with their permit limits.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
17.8
15.2
12.7
10.1
10.1
10.1
Percent
Actual
:<> ^
17.1
16.4
12.6
9.0
Numerator
S.^ 111
7,015
6,941
5,330
3,942
Permittees
Denominator
4ii.lU4
41,085
42,334
42,429
44,015
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$9,630.0) 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. It also includes support
for critical agency wide infrastructure support for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$8,533.0 / +5.4 FTE) This program increase will help rebuild EPA's civil enforcement
inspector cadre for inspections, case development and to supplement this program's
training and travel budget. This funding will enhance EPA's civil enforcement
programmatic capabilities to enhance efforts to address pollution in overburdened and
vulnerable communities. This investment includes $1.0 million for payroll.
(+$8,212.0 / +19.9 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.
Additional FTE will allow EPA to build this major Congressional priority program from
the ground up, address existing requirements, and prepare for both additional new
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regulatory requirements and expansion of the Program into EPA's regional offices. This
investment includes $3.7 million for payroll.
(+$4,000.0) This change will support increased focus on environmental justice and climate
change considerations by developing and implementing a comprehensive action plan for
integrating climate and EJ considerations throughout all aspects of the Civil Enforcement
Program (e.g., private parties and federal facilities) in Headquarters and across EPA's 10
regional offices.
(+$3,406.0 / 7.0 FTE) This request for Coal Combustion Residuals (CCR) Rule/coal ash
resources will increase capacity to enforce the CCR/coal ash rule. The requested resources
are needed to provide technical and legal support when engaging with noncompliant
facilities and, ultimately, to negotiate or issue compliance orders. This investment includes
$1.3 million for payroll.
(+$946.0 / +4.0 FTE) This program change will increase protection of fenceline
communities from industrial accidents because of increased frequency and intensity of
extreme weather events due to climate change. Increased resources will support CAA sec.
112(r) inspections and enforcement actions to prevent industrial accidents. This investment
includes $746.0 thousand for payroll.
(+$648.0 / +0.5 FTE) This request for climate change adaptation funding will support
implementation of the Office of Enforcement Compliance Assurance Climate Adaptation
Implementation Plan.103 Resources will support completion of priority actions including
continued staff training to build climate change knowledge and consideration of climate
change in all aspects of enforcement. This investment includes $93.0 thousand for payroll.
(+$578.0 / +3.1 FTE) This program increase supports additional FTE for the Agency's
Regional laboratories and its support of the Civil Enforcement Program. This investment
includes $578.0 thousand for payroll.
(+$410.0 / +2.2 FTE) This investment will increase EPA's effort to use its enforcement
tools to hold major PFAS manufacturers at processing facilities, waste disposal facilities,
and federal facilities accountable to characterize, control, and address ongoing and past
PFAS contamination. This investment includes $410.0 thousand for payroll.
(+$187.0 / +1.0 FTE) This program increase will continue to provide compliance oversight
and perform follow up from recent inspections of the Red Hill Fuel Facility to prevent
future fuel leaks into the military' s drinking water. The Agency will review submittals from
the Navy to ensure the facility is prepared for any oil releases to surface waters. In addition,
EPA is planning to lead the technical review of the piping system between Red Hill and
Pearl Harbor. This investment includes $187.0 thousand for payroll.
103 For additional information, please visit: https://www.epa.gov/system/files/documents/2022-10/bh508-
OECA Climate Adaptation Implementation Plan -Final to_OP 9.15.2022.pdf.
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(+$93.0 / +0.5 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements. This investment includes
$93.0 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); 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 55J-I3
V)-\ '0-1
SM.-IS'
S3. SJt
Hazardous Substance Superfund
$8,149
$7,999
$8,644
$645
Total Budget Authority
$63,492
$70,703
$75,131
$4,428
Total Workyears
252.9
269.3
296.0
26.7
Program Project Description:
EPA's Criminal Enforcement Program enforces the Nation's environmental laws through
investigation of criminal conduct, committed by individual and corporate defendants, threatening
public health and the environment. EPA's criminal investigators (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 collaborates with other EPA Program offices, the
Environmental Justice (EJ) Program, and the U.S. Department of Justice (DOJ) to ensure
enforcement work addresses the impacts of illegal environmental pollution activities nationwide
especially on overburdened communities.
Criminal Enforcement special agents are supported by forensic scientists, attorneys, technicians,
engineers, and other experts. EPA's criminal enforcement attorneys provide legal and policy
support for all program responsibilities, including forensics and expert witness preparation, to
ensure program activities are carried out in accordance with legal requirements and EPA policies.
These efforts support environmental crime prosecutions by U.S. Attorneys' Offices and the DOJ's
Environmental Crimes Section. In FY 2022, the criminal enforcement program opened 117 new
cases. The conviction rate for criminal defendants charged because of EPA criminal enforcement
investigations in FY 2022 is 94 percent, with a total of 21 years of incarceration given for
defendants sentenced in criminal enforcement investigations.
FY 2024 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 2024, 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. The Agency will continue expanding its capacity to support the criminal
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enforcement program, with an emphasis in several priority areas, including communities with EJ
concerns, the HFC (Hydrofluorocarbons) Enforcement Task Force, the After Market Defeat
Device criminal enforcement initiative, and preventing the illegal importation, sale, and
distribution of unregistered pesticides. Program goals and priorities include the following:
In FY 2024, 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 crimes and crime victims
in these areas.104 The Criminal Investigation Division (CID) works with partners at the
DO J to jointly prosecute wrongdoing and reduce the impact pollution has on these areas
through investigation, judicial actions, and settlements while maintaining case initiation
standards.
In FY 2024, 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 or vulnerable populations and, where appropriate, use the crime victim
program resources and emergency funds to assist individuals in such communities. EPA
conducts outreach to crime victims and overburdened communities using the social media
platform Nextdoor, sharing information relating to EJ, sources of pollution, and links to
EPA's Report a Violation webpage directly to households in overburdened communities.
In FY 2024, the Agency requests an additional $714 thousand and 2.1 FTE to support
efforts to interdict the illegal import, manufacture and use of certain HFC products,
pursuant to 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 continue standing up its new
enforcement and compliance program, which will include training, outreach, and
coordination with federal, state, and local partners. 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 2024, 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.
104 For additional information, please see: https://www.govinfo.gov/content/pkg/FR-2023-01-12/pdf/2023-00500.pdf.
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Specifically, collaboration will occur with an emphasis placed on cases that have a
transnational organized crime nexus.
In FY 2024, 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 deter 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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$731.0) 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. It includes critical
agencywide infrastructure support for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
(+$2,338.0 / +23.9 FTE) This net program change supports expanding EPA's capacity for
criminal enforcement, the expansion of the enforcement in communities with
environmental justice concerns, enforcement of climate-related regulations, and increased
polluter accountability. This investment includes $5.3 million for payroll.
(+$714.0 / +2.1 FTE) This program investment 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 $469.0 thousand for 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: Multi-Media
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
srj
S 20.611
S2.\ ~M)
S .\NV
Total Budget Authority
$17,177
$20,611
$25,760
$5,149
Total Workyears
87.5
104.9
115.9
11.0
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 NEPA regulations. This work includes
engaging with officials throughout the federal government and across EPA while supporting
EPA's lead NEPA Official. EPA has special authority and responsibilities under CAA section 309
to review and publicly comment on NEPA environmental analyses for major projects across the
federal government. This work is substantially increasing in scope and importance given the recent
legislation related to energy development and infrastructure and the need to incorporate
consideration of climate change and environmental justice (EJ) into these assessments.
Consistent with Executive Orders (EO) 13990 and 14008,105 the Council on Environmental
Quality (CEQ) issued Interim NEPA guidance on Consideration of Greenhouse Gas Emissions
and Climate Change106 in January 2023. CEQ is in the process of updating NEPA regulations and
key guidance for addressing impacts to communities with EJ concerns. Through a Memorandum
of Understanding (MOU) with CEQ,107 EPA regularly supports and assists CEQ in the
development of guidance and technical tools. EPA also provides technical assistance to other
federal agencies on implementing NEPA, including identifying potential programmatic options to
streamline NEPA analyses while maintaining quality environmental analyses and meaningful
engagement with the public.
EPA focuses on early engagement with other federal agencies consistent with NEPA principles
and uses interagency cooperation for early identification of issues and potential solutions to reduce
impacts and improve environmental outcomes. EPA's expertise helps other agencies analyze
complex NEPA issues. Through our review of other federal agencies' EISs and the tools and
105 For additional information, please refer to: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/01/20/executive-oixler-protecting-public-health-and-environment-and-restoring-science-to-tackle-climate-crisis/.
106 For additional information, please refer to: Federal Register : National Environmental Policy Act Guidance on Consideration
of Greenhouse Gas Emissions and Climate Change.
107 1977 Memorandum of Understanding (MOU) between CEQ and EPA addressed the allocation of responsibilities between the
two agencies for assuring government-wide implementation of NEPA. This includes the operational duties associated with the
administrative aspects of EISs. Through this MOU, EPA became the official recipient for all copies of EISs.
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training we provide, EPA facilitates the robust consideration of impacts related to climate change
and EJ; further, EPA plays a critical role in identifying ways to mitigate environmental impacts,
including on overburdened and underserved communities.
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
CEQ in accordance with the MOU with CEQ and 40 CFR 1506. 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).
FY 2024 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 2024, EPA requests an investment of $5.1 million and 11.0 FTE for the NEPA
Implementation Program. EPA acknowledges a partial increase in its FY 2023 Enacted budget but
still has a resource gap which is hereby requested in the FY 2024 budget. These essential resources
are needed for us to meet the increased need for technical expertise in emerging subject matter
areas, including addressing climate change and EJ, and to develop tools and training for
NEPA/CAA 309 reviewers at EPA. This investment will improve EPA's responsiveness, technical
assistance, and support to other agencies in conducting EPA's environmental review function,
which relies upon both adequate staff capacity and expertise. These resources also will assist EPA
in ensuring staff levels are adequate to address anticipated environmental reviews and support
environmental review processes to improve environmental and community outcomes.
In FY 2023, EPA received a total of $40 million as part of the Inflation Reduction Act (IRA).
These resources will allow EPA to meet the short-term increase in demand to support
environmental reviews from the Infrastructure Investment and Jobs Act but are not a permanent
solution as the funds remain available until September 30, 2026. While the IRA funds will support
environmental reviews in the short term, the FY 2024 investment will allow the Program to
continue to meet some of its recent challenges, including rebuilding core capacity, hiring of subject
matter experts knowledgeable in various sector-based activities, and positioning EPA to respond
to national priorities and provide adequate succession planning and professional development
across EPA's NEPA/309 community going forward. This strategic investment of subject matter
expertise provides new FTE in EPA's regional offices, which is critical as the majority of the
NEPA reviews and programmatic assistance to other federal agency field offices is conducted by
the regions. EPA's FY 2024 long term resource needs will be like those used to support past
economic recovery initiatives. For context, the American Recovery and Reinvestment Act
triggered a very similar substantial increase in volume of NEPA reviews across the Federal
government. Therefore, EPA requests an adjustment to the NEPA Implementation Program to
address current and anticipated future environmental review workloads, which will require a
corresponding permanent increased staffing and resource support to meet the Nation's goals,
particularly with respect to climate change and environmental justice.
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EPA's NEPA Implementation Program will continue to support the application of CEQ's updates
to NEPA regulations, guidance, and process improvements for priority federal projects. It is
anticipated that in FY 2024, agencies will update NEPA implementation procedures to be
consistent with updated CEQ regulations and guidance. EPA will be required under CAA section
309 to review these procedures for all federal agencies and must provide technical assistance to
CEQ and other agencies. This support will promote quality environmental review processes across
federal agencies to improve environmental and community outcomes.
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. Federal agencies received a substantial increase
in funded actions that will likely require EISs and thus necessitate EPA environmental reviews
due to: the American Rescue Plan Act of 2021 (P.L. 117-2),108 the Infrastructure Investment and
Jobs Act (IIJA), the Creating Helpful Incentives to Produce Semiconductors for America Act
(CHIPs Act), and other economic recovery and federal investment actions, as well as policies and
initiatives, such as EO 14017 America's Supply Chains109 and the Energy Act MOU between the
Bureau of Land Management and EPA. EPA anticipates its existing workload will likely double
based on interagency discussions hosted by CEQ and OMB. This continued substantial increase
in priority actions will require early engagement and may require expedited reviews. With the
additional resources requested in FY 2024, EPA will work with other agencies to prioritize and
support the increase in environmental review of Federal EISs. These initiatives support other
federal agencies establishment of clear timeline goals and will improve EPA's responsiveness,
technical assistance, and support to other agencies to enhance the overall environmental and
community outcomes in other agency environmental reviews.
In alignment with the Administration's Permitting Action Plan, EPA engages early with federal
agencies to improve the quality of EISs and minimize delays. Early engagement helps accelerate
robust environmental reviews through early cross-agency coordination; supports the establishment
of clear timelines and tracking; facilitates early and meaningful outreach and communication with
states, tribes, territories, and local communities; provides technical assistance in areas of subject
matter expertise; and promotes interagency cooperation to improve environmental and community
outcomes. As part of the Permitting Action Plan, EPA has committed to update EPA's Policies
and Procedures Manual for conducting NEPA/309 reviews in FY 2023. In FY 2024, EPA will
update and develop a priority set of technical reviewer guidance documents for mining, renewable
energy, oil and gas activities, transportation and estimating Greenhouse Gas (GHG) emissions and
social cost of GHG for fossil fuel pipeline projects. These technical reviewer guidance documents
are expected to be completed by third quarter FY2024. EPA also plans to conduct training for
NEP A/3 09 reviewers and other federal agencies to incorporate recent changes in CEQ regulations
and guidance for NEPA related topics. In FY 2024, EPA will work to provide early engagement
and to streamline environmental reviews by having dedicated EPA NEP A/3 09 review staff from
the start of the NEPA review and through completion. Updating actions associated with the
Permitting Action Plan will help improve EPA's responsiveness, technical assistance, and support
108 For additional information, please refer to: https://www.congress.gov/1.1.7/bills/hrl 31.9/BILLS-1.1.7hr 1.31.9enr.pdf.
109 For additional information, please refer to: https://www.whitehouse.gov/briefiiig-room/presidential-
actions/2021/02/24/executive-order-on-americas-supply-chaiiis/.
-------
to other agencies with the objective of improving environmental and community outcomes based
on environmental reviews.
EPA will support and collaborate with other federal agencies on priority actions and/or emerging
sectors, such as critical minerals mining, carbon sequestration, renewable energy, and energy
storage. In FY 2024, EPA will work toward providing staff with specialized expertise at both
headquarters and the regional offices to facilitate timely interagency coordination on
environmental reviews and permitting actions. As part of this specialized expertise, EPA will
support development of analytic tools to help NEPA/309 reviewers and other agencies implement
CEQ Interim NEPA Guidance on Consideration of GHG and Climate Change. This support will
improve EPA's technical assistance capacity to help support improved environmental and
community outcomes in review of other federal agency NEPA documents.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$1,991.0) 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.
(+$3,158.0/ + 11.0 FTE) This program change is an increase to build core capacity, support
the increase in environmental reviews of Federal EISs, hire and train new staff and subject
matter experts, and facilitate timely interagency coordination on environmental reviews
and permitting actions. This investment includes $2.0 million for 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; Fishery
Conservation and Management Act; Fish and Wildlife Coordination Act; and Title 41 of the Fixing
America's Surface Transportation Act.
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 20.455
SI 02.15 V
.S 3(>V,I0(>
S 2fifi.V4~
Hazardous Substance Superfund
$1,065
$5,876
$5,888
$12
Total Budget Authority
$21,520
$108,035
$374,994
$266,959
Total Workyears
51.8
223.6
264.6
41.0
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 building collaborative partnerships with all stakeholders to build
healthy, sustainable communities based on residents' needs and desires. In 2022, EPA reorganized
its Office of Environmental Justice into a new national program along with the External Civil
Rights Compliance Office and the Conflict Prevention and Resolution Center. This new national
program is the Office of Environmental Justice and External Civil Right (OEJECR). OEJECR
focuses on collaboration as a central principle and method of advancing justice. The Program's
core philosophy is that EJ challenges need strong collaborative partnerships that include federal,
state, local, and tribal governments along with the private sector, academia, and philanthropy-to
support communities in addressing multifaceted problems and positively changing conditions on
the ground. The Program provides grants, technical assistance, and expert consultative support to
communities, partners at all levels of government, and other stakeholders such as 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 Administrator Michael Regan's message in the memo titled
"Our Commitment to Environmental Justice" issued on April 7, 2021.110 In addition, this work
supports implementation of Executive Order (EO) 13985: Advancing Racial Equity and Support
for Underserved Communities Through the Federal Government,U1 and EO 14008: Tackling the
Climate Crisis at Home and Abroad.112 In accordance with the America's W ater Infrastructure Act
110 For additional information, please refer to: https://www.epa.gov/sites/default/files/2021-04/documents/regan-
messageoncommitmenttoenvironmentaliustice-april072021.pdf.
111 For additional information, please refer to: https://www.federalregister.gov/documents/2Q21/Ql/25/2Q21-Q1753/advancing-
racial-equity-and-support-for-underserved-communities-through-the-federal-govemment.
112 For additional information, please refer to: https://www.federalregister.gov/documents/2021/02/01/2021-Q2177/tackling-the-
climate-crisis-at-home-and-abroad.
-------
(AWIA) 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.113
FY 2024 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.
In FY 2024, EPA requests an additional $266.9 million and 41.0 FTE for the Environmental Justice
Program in the EPM appropriation. This investment will provide unprecedented levels of capacity-
building grants and technical assistance to more communities, governmental partners, and
academic institutions. To ensure greater opportunity for investment and the resulting outcomes for
communities, EPA will offer more grant trainings and methods of technical assistance to help
underserved and under-resourced communities and their partners apply for competitive grant
opportunities and provide robust new levels of support to help communities and their partners
navigate the array of federal assistance programs to maximize the ability of programs to leverage
positive change on the ground. For example, this enhanced assistance will support broader
investment in 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. EPA also will continue
to support and engage grantees from previous years' competitions to ensure successful project
completion.
In FY 2024, the existing grant programs include:
1) $65 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;
2) $40 million Environmental Justice Government to Government Grant Program (formerly
named State, Tribes, and Territories Environmental Justice Grants) that would continue
funding for states, tribes, local governments, and territories to create or support community-
driven partnerships and associated environmental justice partnerships;
3) $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; and
4) $10 million competitive, Environmental Justice training program to award competitive grants
to community-based nonprofit organizations and partnerships between community-based
nonprofit organizations and institutions of higher education.
113 For additional information, please refer to: https://www.epa.gov/enviromiientaljustice/forms/contact-us-about-enviromiiental-
justice.
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Environmental Justice and External Civil Rights (EJECR) National Program
In FY 2024, EPA's EJECR National Program will continue leading the integration of EJ in Agency
decision-making and implement a comprehensive framework for considering cumulative impacts
in relevant EPA decisions. Implementation of the cumulative impacts framework, developed as
part of EPA's FY 2022-2023 Agency Priority Goal, will position EPA to consider and address
cumulative impacts that affect community health and well-being in its decisions, thus
fundamentally integrating EJ issues within the core regulatory decisions of the Agency. The
EJECR National Program will provide essential support across all EPA programs to consider EJ
in environmental permitting, rulemaking, enforcement and compliance, emergency/disaster
response and recovery, and climate change priorities. The EJECR National Program will enhance
its engagement with communities by continuing to support Thriving Community Technical
Assistance Centers (TCTACs) established in FY 2023 and increasing their number beyond the
initial goal of one per EPA region. The TCTACs will be instrumental in fundamental technical
assistance and capacity building resources for underserved communities and their partners. The
EJECR National Program will ensure that all community support activities provide a stream of
tools, data, and methods back to the Agency to help other EPA programs analyze the EJ
implications of policy decisions and program implementation, such as through National
Environmental Policy Act processes or the consideration of costs and benefits in economic
analyses.
The FY 2024 resources also will provide capacity to integrate EJ and civil rights compliance
principles across all programs and regularly engage with and support community and state, tribal,
and local partners. This will ensure the elimination of barriers to participation in EPA programs
and other activities by the public. Specific focuses will be on strengthening EPA's language
assistance and other services to improve access for people with Limited English Proficiency and
implementation of EPA external disability program as required under Section 504 of the
Rehabilitation Action of 1973. Additionally, the EJECR National Program will monitor indicators
established in FY 2023 to track EPA's performance in eliminating disparities in environmental
and public health conditions, as directed by the Agency Priority Goal for the first two years in the
FY 2022 -2026 EPA Strategic Plan.
Engagement with Partners, Stakeholders, and Communities
EPA pursues a broad array of activities to support efforts by partners, stakeholders, and
communities to advance EJ. The EJ Program will continue to build and support trainings for an
increasingly broad array of program development and learning resource areas for other
governmental agencies, communities, and other partners. These trainings focus on the integration
of equity and justice from communities through all levels of government, as well as the private
sector, with special focus on state agencies, tribal governments, indigenous populations, territorial
governments, and insular areas such as Pacific Island Nations. During FY 2023, 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 and the
establishment of an unprecedented foundation of learning tools and knowledge management
resources available publicly through EPA's EJ Program.
-------
The FY 2024 Budget proposes to invest $91 million and 50 FTE on building out community-
centered technical assistance hubs to support basic capacity building of communities and their
partners to advance equity and justice in their communities. This effort will be significantly
enhanced through the dedicated addition of funds and staff in EPA's ten regional offices to fully
build out community-centered technical assistance hubs to support base capacity building of
communities and their partners. These hubs, the EJ TCTACs established in FY 2023, will be
enhanced through this dedicated EPA staff support by better leveraging hands-on facilitation of
connecting communities and their partners directly with EPA program resources in addition to the
resources available through other federal programs.
EPA will continue to host regular National EJ Community Engagement calls.114 These calls will
continue to focus on a wide spectrum of topics related to EJ, the Justice40 Initiative115, and EJ
mapping and screening, and will reach thousands of participants. Each call will feature
opportunities, such as expansive listening sessions, during which speakers interact with comments
and questions from participants. EPA also will continue to host "office hours" for users of
EJScreen to engage with the EPA EJScreen team with questions and feedback for further
enhancements to the tool. The EJ Program also will have greater communications presence with
more focused content, targeted communications, and other ways to reach communities and those
not yet engaged through both headquarters and regional EJ program activities and direct outreach
and support.
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.
Work with the National Environmental Justice Advisory Committee (NEJAC) will continue with
new leadership to help EPA advance and further integrate EJ into Agency decision-making. In
addition to the NEJAC, EPA will report on progress to the Science Advisory Board, National
Tribal Caucus, Children's Health Protection Advisory Committee, Local Government Advisory
Committee, and other regular public engagement forums.
In FY 2024, EPA will continue to develop education, training, and outreach resources associated
with EJ to answer the ever-increasing demand for such resources, particularly from other federal
agencies and state and local governmental partners. These resources include 1) an EJ Training
Program to increase the capacity of residents in communities with EJ concerns to identify and
address negative impacts; 2) an EJ educational curriculum to broaden understanding of EJ to more
of the American public; and 3) an EJ Clearinghouse to serve as an online resource for EJ
information.
EJ Grants Program
EPA's EJ Grants Program funding has grown significantly due to the additional $3 billion Inflation
Reduction Act116 resources received in FY 2022 and expanded with new grant and technical
assistance offerings in FY 2023. The new offerings include the establishment of the EJ Thriving
Community Grantmakers Network and the establishment of an innovative new EJ implementation
114 For additional information, please refer to: https://www.epa.gov/environmentaljustice/community-outreach-and-engagement.
115 For additional information, please refer to: https://www.whitehouse.gov/enviromiientaljustice/iustice40/
116 Inflation Reduction Act: https://www.congress.gov/1.1.7/plaws/publ 1.69/PLAW-1.1.7publ 1.69.pdf
-------
grant to directly fund community-driven collaborative efforts to lead change-making projects on
the ground in communities. In FY 2024, EPA will continue to support the EJ Thriving Community
Grantmakers network to efficiently provide grants to communities and their partners, the EJ
TCTACs to provide technical support to community-based organizations and their partners such
as tribes and local governments, and to award and support the execution of collaborative
community-driven implementation grants across the United States. This holistic approach to grant
funding and technical assistance will build the capacity of community-based organizations and
their partners to build strong collaborative efforts to effectively identify and address community
concerns in addition to providing funding to governmental partners to support their integration of
EJ considerations into their policies, programs, and activities. EPA also will continue to provide
grants to states, local governments, tribes, and territories through the EJ Government to
Government grant program. These grants will support our governmental partners' effort to engage
local communities and further equity and justice priorities of their partnerships.
The EJ Grants Program priorities funded in FY 2023 included a new, larger implementation grant
program that funds projects that implement solutions to long-standing EJ challenges, development
of cumulative impacts assessments, public education, engagement of communities with state and
federal processes, training, emergency planning and preparedness, and addressing climate and
disaster resiliency. EPA's EJ Program will continue to focus support primarily for small
community-based nonprofit organizations and their local partners in an attempt to ensure EJ
funding reaches lower-capacity and new organizations with capacity building needs. The EJ Grants
Program also will work to minimize barriers for applicants by working with EPA's Office of
Grants and Debarment to develop submission flexibilities to help applicants from underserved
communities and other low-capacity institutions such as tribes and rural local governments apply
for competitive grant opportunities.
Interagency Coordination
In FY 2024, EPA will continue to support the efforts of the NEJAC as referenced above in addition
to supporting the efforts of the White House Environmental Justice Advisory Council (WHEJAC)
established by EO 14008.117 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
With an investment of $8.9 million provided in FY 2024, 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 to include potential cumulative impacts index
score(s) for areas facing disproportionate environmental burdens in addition to inclusion of new
climate-relevant data and 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 and will ensure that EPA
117 For more information, please visit: https://www.federalregister.gov/documents/2021/02/01/2021-Q2177/tackliiig-the-climate-
cri sis-at-home-and-abroad
-------
programs develop guidance on using EJ tools such as EJScreen to support their decision making.
These enhancements will enable EPA to further focus program design to benefit communities with
EJ concerns and those most at risk to the effects of climate change.
In FY 2024, EPA requests an additional 0.7 FTE to serve as an EJ coordinator specific to
indigenous and disadvantaged communities in Hawaii. This investment will allow the Agency to
coordinate more effectively with communities under the Red Hill Administrative Order on
Consent and on other matters unique and specific to the Hawaiian Islands. A dedicated resource
on-island can build and maintain the relationships necessary to support communities in addressing
environmental and public health challenges with a whole-of-government approach.
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
FY
FY
FY
FY
FY
FY
FY
Units
20 r
2018
2019
2020
2021
2022
2023
2024
Target
:5
50
Percent
Actual
Numerator
Programs
Denominator
(PM EJCR02) Percentage of EPA programs utilizing extramural vehicles to fund organizations and
individuals providing environmental justice expertise and support to advance EPA priorities and activities.
FY
FY
FY
FY
FY
FY
FY
FY
Units
2017
2018
2019
2020
2021
2022
2023
2024
Target
50
75
Percent
Actual
Numerator
Programs
Denominator
(PM EJCR03) Percentage of environmental justice grantees whose funded projects result in a governmental
response.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
Vo
Target
1 Xiablis
lied
No
Target
Establis
hed
Percent
Actual
Numerator
Grantees
Denominator
(PM EJCR04) Percentage of written agreements between EPA and tribes or states implementing delegated
authorities that include commitments to address disproportionate impacts.
-------
FY
FY
FY
FY
FY
FY
FY
FY
Units
20 r
2018
2019
2020
2021
2022
2023
2024
Target
5
25
Percent
Actual
Numerator
Agreement
Denominator
s
(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
20 r
FY
20IS
FY
201')
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
10
25
Percent
Actual
Numerator
Permits
Denominator
(PM EJCR07) Percentage of EPA national program and regional offices that extend paid internships,
fellowships, or clerkships to college students from diverse backgrounds.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
50
75
Percent
Actual
Numerator
Programs
and
Regions
Denominator
(PM EJCR08) Percentage of significant EPA actions with environmental justice implications that respond to
environmental justice concerns and reduce or address disproportionate impacts.
FY
FY
FY
FY
FY
FY
FY
FY
Units
2017
2018
2019
2020
2021
2022
2023
2024
Target
40
80
Percent
Actual
Numerator
Actions
Denominator
(PM EJCR09) Percentage of programs that have developed clear guidance on the use of justice and equity
screening tools.
FY
FY
FY
FY
FY
FY
FY
FY
Units
2017
2018
2019
2020
2021
2022
2023
2024
Target
50
75
Percent
Actual
Numerator
Programs
Denominator
(PM EJCR10) Percentage of EPA programs and regions 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
FY
FY
FY
FY
FY
FY
FY
Units
2017
2018
2019
2020
2021
2022
2023
2024
Target
:5
50
Percent
Actual
Numerator
Programs
Denominator
(PM EJCR11) Number of established EJ collaborative partnerships utilizing key principles for community
work (e.g., community-driven, coordinated, and collaborative).
FY
20I"7
FY
20IS
FY
201')
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
30
60
Partnership
s
Actual
(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
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
100
100
Percent
Actual
Numerator
Regions
and
Programs
Denominator
(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
20 r
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
8
90
100
Sessions
and Events
Actual
40
30
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$9,414.0) 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. It also includes support
for critical agency wide infrastructure support for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
-------
(+$90,180.0) This program change increases support for EJ work across the Agency. This
investment supports the significantly expanded base activity and agencywide coordination
required across the EJ Program.
(+$68,453.0 / +41.0 FTE) This program increase will fully build out the Thriving
Community Technical Assistance Centers to support basic capacity building of
communities and their partners to advance equity and justice in their communities; support
ongoing response efforts for Red Hill, HI to protect communities and ensure safe drinking
water; and support agencywide implementation of EPA's Diversity, Equity, Inclusion, and
Accessibility Strategic Plan and Evidence Act data stewardship and governance
requirements. This investment includes $7.0 million for payroll.
(+$45,000.0) This program change increases the Environmental Justice Community Grant
Program to non-profit, community-based organizations to reduce the disproportionate
health impacts of environmental pollution in communities with EJ concerns.
Appropriations language has been provided in the proposed EPM Bill Language.
(+$17,000.0) This program change increases the EJ Government to Government Grant
Program that would continue funding for states, tribes, local governments, and territories
to create or support community-driven partnerships and associated environmental justice
partnerships. Appropriations language has been provided in the proposed EPM Bill
Language.
(+$13,500.0) This program change increases support for the 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.
(+$8,900.0) This program change increases support for EJScreen to improve how the
Agency utilizes nationally consistent data that combines environmental and demographic
indicators to map and identify communities with EJ concerns. In addition, resources are
included to update EPA's IT systems to support the Climate and Economic Justice
Screening tool and the EJ Clearinghouse, which would serve as an online resource for
information on EJ
(+$8,500.0) This program change increases support for 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.
(+$6,000.0) This program change increases support for the National Environmental Justice
Advisory Council; other federal advisory council activities; and the White House
Environmental Justice Advisory Council.
-------
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
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
svojov
S'J 2,000
S'J2,0
-------
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 2024, EPA will focus on supporting implementation of the two-year logic model and action
plans for the 25 management strategies developed under the Agreement, with particular focus on
improving performance toward achieving 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 buffers, urban tree canopy, wetland protection and
restoration, and land conservation).
Increasing community engagement in achieving program outcomes and initiating efforts
to garner partnership commitment to outyear priorities to achieve a restored Chesapeake
Bay, considering current scientific understanding and emerging issues, and ensuring
consideration of diversity, equity, inclusion, and justice.
Maintaining and expanding 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
Increasing investment, and tracking of investments, in diversity, equity, inclusion, and
justice in Chesapeake Bay Program restoration efforts, implementing the partnership's
2021 DEIJ action strategy and supporting local level actions, targeting disadvantaged
communities. This includes funding work with the EPA's National Center of
Environmental Economics to develop a methodology for understanding and tracking
benefits to disadvantaged communities from Bay restoration work.
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 2021, best management practices to reduce pollution are in place
to achieve 49 percent of the nitrogen reductions, 64 percent of the phosphorus reductions, and
100 percent of the sediment reductions needed to attain applicable water quality standards when
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compared to the 2009 baseline established in the Bay TMDL.121 In FY 2024, EPA will evaluate
progress toward meeting the 2022-2023 milestone commitments of the seven Chesapeake Bay
jurisdictions. The two-year milestones are intended to demonstrate how the jurisdictions will
meet their pollution reduction goals by 2025 through the major source sectors (agricultural
sector, urban stormwater, and wastewater).
EPA will continue to provide the Chesapeake Bay Program partnership with funding and technical
assistance, expand our ability to track and report progress across our suite of outcomes, 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 in Support of Diversity,
Equity, Inclusion and Justice.122 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 disadvantaged communities.
Additionally, EPA is working to accelerate integration of climate change in Bay restoration efforts.
EPA and other Executive Council members signed and released the Collective Action for Climate
Change6 directive. One key activity is the launch of a Climate Directive Pilot Project which
prioritizes implementation projects that advance progress towards multiple Agreement outcomes
in disadvantaged and/or climate vulnerable communities. EPA also is addressing climate change
in other 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.
In addition, the Infrastructure Investment and Jobs Act (Public Law 117-58) includes $47.6
million for this program in FY 2024. In FY 2024, EPA is requesting appropriations language
that will provide funding under this program as no-year funds.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
121 For more information, please see https://www.chesapeakeprogress.com/clean-water/watershed-implementation-plans.
122 For more information, please see
https://www.cliesapeakebay.nel/chaime1_fi1es/40996/deij_slaleiiiait final_al1_sigiiatures.pdf.
6For more information, please see https://dl81evlok51eia.cloudfront.net/chesapeakebay/documents/climatedirective finat_3.pdf"
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(+$416.0) This change to fixed and other costs is a next 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.
(-$322.0) This program change is a decrease due to offsets in fixed and other costs.
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, 2023, Pub. L. 117-
328.
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 2I.IV-I
S
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Total Budget Authority
$21,194
$25,524
$25,558
$34
Total Workyears
16.1
21.7
21.7
0.0
Program Project Description:
The Gulf of Mexico is an iconic and important body of water, providing ecological, economic,
cultural, and recreational opportunities for millions of residents and visitors to the region. The Gulf
of Mexico is heavily impacted by the Mississippi River, the main river system which drains into
it. The Mississippi River watershed captures drainage from 41 percent of the land area of the
contiguous United States (includes nearly 1.5 million square miles over parts of 31 states).
Through the Gulf of Mexico Division (GMD), EPA collaborates with federal, state, and local
partners to restore the Gulf, and ultimately improve the health of the coastal area, benefiting
approximately 16 million Americans.123
The mission of the EPA's GMD is to facilitate collaborative actions that protect, maintain, and
restore the health and productivity of the Gulf of Mexico in ways consistent with the economic
and ecological 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.124 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
underpinning our work with the aforementioned stakeholders.
FY 2024 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.
123 For more information please see: https://www.census.gov/content/dam/Census/library/visualizations/2019/demo/coastliiie-
anieri ca-print. pdf.
124 For more information please see: https://www.epa.gov/gulfofmexico/2021-gulf-mexico-division-annual-report.
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In FY 2024, 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 working lands
with targeted habitats. Additionally, GMD will center its focus on sustainable agriculture and
resilience in the farming community. EPA will continue to expand Science, Technology,
Engineering, Arts, and Mathematics (STEAM) experiential education and workforce development
to underserved communities. Through green infrastructure practices such as artificial reefs,
riparian buffers, prairies, and living shorelines, GMD will continue to build the adaptive capacity
of ecosystems and communities. The GMD projects are competitively funded and coordinated
with and complement ongoing Resource and Ecosystems Sustainability, Tourist Opportunities,
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 funds assistance agreements, interagency agreements and partnerships, which
support the following activities:
Environmental Education and Outreach
In FY 2024, the GMD will continue to promote the use of best available science and sustainable
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.
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 promote capacity building and lead to behavioral changes in
communities with environmental justice concerns. Education and outreach are vital to
accomplishing the Agency's mission to protect human health and the environment, to inform and
provide actionable information to communities with environmental justice challenges, and to meet
the GMD-specific goals of promoting healthy and resilient coastal communities.
GMD will evaluate success of this performance measure by tracking the number of participants
involved in environmental literacy and stewardship activities. Recipients of competitively funded
projects are required to report on this data quarterly and personnel must input direct engagement
efforts into the GMD's quarterly metrics tracking database.
Strengthen Community Resilience
Coastal and inland communities continuously face a range of natural and man-made challenges,
including storm risk, land and habitat loss, depletion of natural resources, compromised water
quality, and resulting economic instability. In FY 2024, the GMD will continue to emphasize
robust partnerships and extensive community engagement 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
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emergencies. The GMD will leverage its Community Resilience Index Tool to provide
municipalities with a method to assess vulnerabilities and take steps to mitigate risks.
GMD will evaluate success of this performance measure by tracking the number of communities
informed on vulnerabilities and risks and those with programs, projects, and tools developed and/or
demonstrated to identify vulnerabilities and to manage risks as a way of improving the social well-
being, the economy, and/or the environment. Recipients of competitively funded projects are
required to report on this data quarterly and personnel must input direct engagement efforts into
the GMD's quarterly metrics tracking database.
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 supports projects and works
with partners, such as the Hypoxia Task Force, to improve water and habitat quality throughout
the Gulf of Mexico watershed. In FY 2024, the GMD will fund projects which improve water
quality on a watershed basis through monitoring nutrient reduction, analyzing data, and assessing
changes.
Enhance. Protect, or Restore Coastal Habitats
Managing critical ecosystems is widely recognized as a fundamental environmental priority
throughout the Gulf Coast region. Critical 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 2024, the GMD will continue to
fund projects and work with partners to enhance coastal ecosystems, improve sediment
movement/management, restore acreage where feasible and cost-effective, and reverse the effects
of long-term habitat degradation.
GMD will evaluate success of this performance measure by tracking the number of habitats
restored, improved, or enhanced through competitively funded projects and partnerships with
stakeholders. Recipients of competitively funded projects are required to report on this data
quarterly and personnel must input direct engagement efforts into the GMD's quarterly metrics
tracking database.
In addition, the Infrastructure Investment and Jobs Act (Public Law 117-58) includes $10.6 million
for this program in FY 2024. In FY 2024, EPA is requesting appropriations language that will
provide funding under this program as no-year funds and that will allow utilization of funds to
support infrastructure projects or activities.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
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FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$593.0) 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.
(-$559.0) This program change is a decrease due to the increase in fixed and other costs.
Statutory Authority:
Clean Water Act, Further Consolidated Appropriations Act, 2023, Pub. L. 117-328.
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Total Budget Authority
$19,096
$25,000
$25,000
$0
Total Workyears
0.0
1.0
1.0
0.0
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 Patrick Leahy 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.125
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 2024 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 Program also seeks to prevent the impacts of aquatic
invasive species and to restore habitat across its basin.
125 For additional information see: https://www.epa.aov/tmdl/lake-champ1ain-phosphorus-lmd1-commilinent-clean-water and
littp: //www. Icbp. org,
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The LCBP will also increase efforts to better understand how to address harmful algal blooms
(HABs) and prevent the introduction and spread of invasive species.
In FY 2024 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 stormwater runoff, nonpoint sources, and wastewater treatment facilities to
meet reductions specified in the Vermont and New York Total Maximum Daily Loads
(TMDLs). Specifically, EPA will focus on:
o Implementing stormwater planning, design, and construction of green stormwater
infrastructure at Vermont public schools and state universities and implementing
best management practices on rural roads in both Vermont and New York, thereby
increasing their resiliency to climate impacts.
o Addressing agricultural nonpoint sources including continued research to
determine the efficiency of agricultural best management practices; evaluating farm
practices to identify where improvements to practices are needed; and
decommissioning former agricultural lands better suited for habitat and floodplain
restoration efforts.
o Ensuring that wastewater 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.
The Program also aims to restore healthy ecosystems to provide clean water for recreation
and drinking water and intact habitat that is resilient to extreme events and invasive species.
In FY 2024 the Program will support:
o Biodiversity, prevent habitat fragmentation and improve resilience to changing
weather conditions.
o Prevention of 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 Report submitted to Congress under requirements of the Vessel
Incidental Discharge Act.126
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.
126 For more information please visit: https://www.epa.gov/greatlakes/great-lakes-and-1ake-champlaiii-invasive-species-program-
report.
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LCBP will continue efforts to increase the participation of new and diverse partners in
LCBP programs and decision-making by assessing LCBP's committee membership and
structure, programs, and outreach strategy to engage with disadvantaged communities
more effectively, including a focus on diversity, equity, and inclusion in the 2022
Opportunities for Action update to better describe how the program will engage with all
residents and communities of the basin.
The Program's 2022 management plan includes new metric to expand tracking and
reporting of implementation efforts. In FY 2024 the program will continue development
of a new project tracking database.
In addition, the Infrastructure Investment and Jobs Act (Public Law 117-58) includes $8 million
for this program in FY 2024. In FY 2024, EPA is requesting appropriations language that will
provide funding under this program as no-year funds.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
No change in Program funding.
Statutory Authority:
Boundary Waters Treaty of 1909; Clean Water Act §120; Further Consolidated Appropriations
Act, 2023 (P L. 117-328).
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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 2023
FY 2024 President's
Enacted
FY 2024
Budget v.
FY 2022
Operating
President's
FY 2023 Enacted
Final Actuals
Plan
Budget
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 2V, ,S
S-10.00 2
S -40.005
.s.i
Total Budget Authority
$29,758
$40,002
$40,005
$3
Total Workyears
1.7
8.0
8.0
0.0
Program Project Description:
The Long Island Sound Program protects wildlife habitat and water quality in one of the most
densely populated areas of the United States, with nearly nine million people living in the
watershed. In total, the Long Island Sound watershed comprises more than 16 thousand square
miles, including virtually the entire state of Connecticut, and portions of New York, Rhode Island,
Massachusetts, Vermont, and New Hampshire. The Long Island Sound provides recreation for
millions of people each year and provides a critical transportation corridor for goods and people.
The Long Island Sound continues to provide feeding, breeding, nesting, and nursery areas for
diverse animal and plant life. The ability of the Long Island Sound to support these uses is
dependent on the quality of its waters, habitats, and living resources. The Long Island Sound
watershed's natural capital provides between $17 and $37 billion in ecosystem goods and services
every year.127
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 2021 decreased by more than 49 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 the nitrogen TMDL 2000.
The Program is also focused on habitat protection and restoration. Program partners have restored
593 acres of coastal habitat between 2015-2022, well ahead of the pace needed to achieve the goal
of restoring 1,000 coastal acres by 2035. In 2022, program partners completed 25 projects in
coastal habitats, restoring 134.3 acres. An average of 50 acres a year is needed to meet the 2035
target. The program is currently averaging 89.6 acres a year.
FY 2024 Activities and Performance Plan:
127 For more information please see: Kocian, ML, Fletcher, A., Schundler, G., Batker, D., Schwartz, A., Briceno, T. 2015. The
Trillion Dollar Asset: The Economic Value of the Long Island Sound Basin. Earth Economics, Tacoma, WA.
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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 2024, the Program will continue to oversee implementation of the Long Island Sound Study
(LISS) Comprehensive Conservation and Management Plan (CCMP) by coordinating the cleanup
and restoration actions of the LISS Management Conference. The LISS CCMP is organized around
four major themes:128 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 2024, 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 Sustainable and Resilient
Communities Work Group to help communities plan for climate change impacts while
strengthening ecological health and protecting local economies.
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).
Integrate environmental justice considerations across program decision-making and
implementation through the new LISS Environmental Justice Work Group.
Conduct targeted outreach and engagement efforts to understand community needs in areas
with environmental justice concerns.
Increase 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.
Support community partnerships to reduce pollution, protect and restore habitats, and
increase sustainability and resiliency 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.
128 For more information please visit: https://longislandsoundstudy.net/2015/09/2015-comprehensive-conservation-and-
management-plan/.
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Submit the next biennial Report to Congress covering progress in implementing the CCMP
during the period 2022-2023.
Update the CCMP's actions for the period 2025 to 2029.
In addition, the Infrastructure Investment and Jobs Act (Public Law 117-58) includes $21.2 million
for this program in FY 2024. In FY 2024, EPA is requesting appropriations language that will
provide funding under this program as no-year funds.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$73.0) 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 benefit costs.
(+$76.0) This program change is an increase to provide increased resources to add to the
restoration of the Long Island Sound.
Statutory Authority:
Clean Water Act § 119.
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Geographic Program: Other
Program Area: Geographic Programs
Goal: Ensure Clean and Safe Water for All Communities
Objective(s): Protect and Restore Waterbodies and Watersheds
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S12. ~V~
SI-1.200
S 14.212
SI 2
Total Budget Authority
$12,797
$14,200
$14,212
$12
Total Workyears
5.3
6.7
6.7
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. To protect and restore these treasured
resources, the Agency develops and implements approaches to mitigate sources of pollution and
cumulative risks posed by a variety of geographically distinct environmental stressors. These
approaches improve water resource quality in ecosystems and the health and economic vitality 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 programs are also focused on targeting investments and benefits to disadvantaged
communities within their territories, consistent with the goals of the Justice40 initiative, and
prioritizing investments with climate adaptation and mitigation outcomes.
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 to meet beneficial use and drinking
water/source water protection goals. 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 communities need 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.
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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.
The Lake Pontchartrain Basin Restoration Program
The purpose of this Program is to restore the ecological health of the Lake Pontchartrain Basin by
developing and funding restoration projects and related scientific and public education projects.
The Basin comprises 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
goal is to create a sustainable path for change and to lead the next generation of environmental
management by:
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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.
Developing regional approaches to collate water quality and habitat data in order to provide
a report on regional trends.
Developing and implementing metrics to track the impact of SNEP proj ects throughout 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 2024 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 2024, 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 Program (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 2024, the Program will help restore the ecological health of the Lake Pontchartrain Basin
by:
Implementing the current Lake Pontchartrain Basin Program Comprehensive Management
Plan (CCMP) and Comprehensive Habitat Management Plan (CCHP), including
implementation of restoration projects to address saltwater intrusion-wetland loss,
agricultural, and storm water runoff.
Revising the CCMP/CCHP to meet the current needs of the Basin and updating
recommendations to meet current Best Management Practices and technology. This will
be the first update to the Management Plan since 1995.
Working with the executive committee to expand the reach of the program to communities
who have not participated in the past and to reinvigorate participation in the management
conference.
Incorporating Justice40 into the Potentially Responsible Party (PRP) through:
identification of key areas for investments
development of robust protocols for proposal review and project
outreach to subaward grantees to include investments and benefits to disadvantaged
communities in their projects and
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- tracking and reporting the investments and benefits of PRP projects to
disadvantaged communities in the Basin
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 2024, the Program will support technical assistance, grants, interagency agreements, and
contracts to spur investment in regionally significant and/or landscape-scale restoration
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 Five-Year Strategic Plan.129 SNEP is tracking community
engagement and is committed to provide funding or technical assistance to 25 percent of regional
municipalities (34 out of 133) and over 50 percent of federally-recognized tribes (at least 2 of 3)
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 manage 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 and Martha's Vineyard
Commissions and other Cape and Island 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.
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 regional water and habitat monitoring strategy that
incorporates current monitoring efforts to tracks environmental restoration progress and
inform the public about the health of the SNEP region.
Columbia River Basin Program (CRBRP) - Section 123 of the Clean Water Act
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,
129 For more information visit: https://www.epa.gov/snep/snep-strategic-plan.
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wildlife, and water to enable communities to access unimpaired watersheds with healthy fish and
wildlife habitat. Key FY 2024 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 fourth round of CRBRP funding assistance utilizing FY 2023 and FY 2024
appropriations.
Providing technical assistance and communication products for the Columbia River Basin
Restoration Working Group and the general public.
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.
In addition, the Infrastructure Investment and Jobs Act (Public Law 117-58) includes $30.2 million
for this program in FY 2024. In FY 2024, EPA is requesting appropriations language that will
provide funding under this program as no-year funds.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$12.0) 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.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
Sh.vr
S.S .500
Sft.503
.s.i
Total Budget Authority
$6,917
$8,500
$8,503
$3
Total Workyears
1.6
3.0
3.0
0.0
Program Project Description:
The South Florida Program ecosystem extends from Chain of Lakes near Orlando, Florida, to
Florida Bay which is 250 miles south. 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; and mitigating and adapting to extreme weather events and sea-
level rise.
EPA's South Florida Program coordinates restoration activities in South Florida where water
quality and habitat are directly affected by pollution and climate change. The Program is
developing an Equity Strategy that will include an emphasis on addressing the dual burdens of
pollution and climate in disadvantaged communities. EPA implements, coordinates, and facilitates
activities through a variety of programs in the region including: the Clean Water Act (CWA)
Section 404 Wetlands Program; the Everglades Water Quality Restoration Strategies 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.130'2
FY 2024 Activities and Performance Plan:
130 For more information please see: http://www.epa.gov/aboutepa/about-epa-region-4-southeast.
2 For more information please see: https://www.epa.gov/everglades.
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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 2024, 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.
Through the Florida Keys National Marine Sanctuary Water Quality Protection Program, the
South Florida Program will engage 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 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 Program will continue to support these efforts.
The Program will complete study reports associated with the Everglades Regional
Environmental Monitoring and Assessment Program in 2024 and 2025 based upon monitoring
completed in 2023. This 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.
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 the Comprehensive Everglades Restoration Plan
(CERP) and Western Everglades Restoration Plan planning and Implementation. 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 Florida Keys National
Marine Sanctuary (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.
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The 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
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 2024 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 2024 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 FKNMS.
The 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.
In addition, the Infrastructure Investment and Jobs Act (Public Law 117-58) includes $3.2 million
for this program in FY 2024. In FY 2024, EPA is requesting appropriations language that will
provide funding under this program as no-year funds.
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Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (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 benefit costs.
(-$120.0) This program change is a decrease due to the increase in fixed and other costs.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 54.500
S54.505
Si
Total Budget Authority
$2,631
$54,500
$54,505
$5
Total Workyears
1.7
7.8
7.8
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 more than seven 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.131 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 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.
The FY 2024 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.
131 For more information, please see: https://www.sfestuary.org/estuary-blueprint/.
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FY 2024 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 2024, 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 and gather evidence of
progress, consistent with the San Francisco Estuary Partnership's (SFEP) Comprehensive
Conservation and Management Plan (CCMP).132
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 San Francisco Bay Regional Monitoring Program (RMP), a
28-year-old partnership between regulatory agencies and the regulated community to provide
a long-term data set and scientific foundation to make water quality management decisions.
The RMP monitors water quality, sediment quality and bioaccumulation of priority pollutants
in fish, bivalves, and birds. To improve monitoring measurements or the interpretation of data,
the RMP also regularly funds special studies.
Seek to leverage other sources of funding such as the Clean Water State Revolving Fund and
Federal Emergency Management Agency's pre-hazard mitigation funds in support of priority
CCMP projects such as the San Francisco Estuary Partnership working with municipal partners
on the Hayward Shoreline horizontal levee pilot project and the related "First Mile" project.
Continue EPA's participation in the Bay Restoration Regulatory Integration Team (BRRIT), a
five-year, multi-agency pilot effort to facilitate the complex permitting of restoration projects.
The goal of BRRIT is for agencies with permitting jurisdiction over multi-benefit habitat
restoration projects to improve the permitting process. BRRIT agencies use dedicated staff
time to conduct early design review, provide written guidance and comments, identify Agency
requirements that need to be met, and resolve regulatory issues early in the project planning
and design phase. This permitting effort enables the accelerated implementation of BRRIT
funded restoration projects.
132Please 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.
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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
intrusion of upwelled water from the ocean and assessing its impacts, as well as watershed
nutrient inputs.
Key actions include continued partnerships with state and federal agencies to implement and
track fourteen TMDLs,133 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.
Begin work on the creation of the San Francisco Bay Program Office as authorized by the
Water Resources Development Act of 2022.
In addition, the Infrastructure Investment and Jobs Act (Public Law 117-58) includes $4.8 million
for this program in FY 2024.
In FY 2024, EPA is requesting appropriations language that will provide funding under this
program as no-year funds.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$679.0) 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 benefit costs.
(-$674.0) This program change is a decrease due to the increase in fixed and other costs.
Statutory Authority:
Clean Water Act, Further Consolidated Appropriations Act, 2023 (P.L. 117-328).
133 For more information, please see the SF Bay Delta TMDL Progress Assessment at
http://www.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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S3-I.
S 5-1.1)1)1)
S 5-1.022
.S 22
Total Budget Authority
$34,746
$54,000
$54,022
$22
Total Workyears
7.2
9.0
9.0
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 2024 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 2024 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 $7 million in tribal projects to support key local watershed science and
monitoring; local partnerships in restoration projects to support habitat and water quality;
and enhancement of ongoing programs and policies for recovery.
EPA is a co-chair of 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 other federal leaders in the region to meaningfully engage and
develop actions with Puget Sound tribes to address their important treaty rights.
The program will be developing and implementing actions to establish the Puget Sound
National Program Office and the Puget Sound Federal Leadership Task Force as outlined
in the new Clean Water Act amendment for Puget Sound (Section 126 of the CWA). This
includes a report to Congress in December 2023.
The Program will enhance Federal Task Force leadership, including leadership and
implementation of the FY 2022-2026 Action Plan.134 This leverages hundreds of millions
134 For more information please visit: https://www.epa.gov/system/fLles/documents/2022-06/puget-souad-federal-task-force-
ac tion-pl an-2022-2026 .pdf.
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of dollars in federal investments in Puget Sound and provides alignment of program and
policies for recovery.
The Program will build on over 20 years of international cooperation with Canada
implementing the Canada-U.S. Cooperation in the Salish Sea: 2021-2024 Action Plan,135
The Program will participate in a series of workshops on topics of shared interest in
transboundary work including joint efforts for Southern Resident Killer Whales, science
collaboration and enhancing transboundary governance opportunities.
The FY 2024 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
received, reviewed, and approved the updated CCMP in FY 2022 that sets up the next four
years of collaborative implementation of recovery efforts in Puget Sound.
The Program will continue to 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,136 The Program will fund over $17 million in shellfish, habitat and
stormwater projects and programs.
The Program will continue to fund and coordinate cutting-edge science in the Salish Sea
with funding over $6 million in science projects from Puget Sound funding and programs
with federal, state, tribal and academic partners.
In addition, the Infrastructure Investment and Jobs Act (Public Law 117-58) includes $17.8 million
for this program in FY 2024. In FY 2024, EPA is requesting appropriations language that will
provide funding under this program as no-year funds.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$678.0) 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.
(-$656.0) This program change is a decrease due to the increase in fixed and other costs.
135 For more information please see: https://www.epa.gov/puget-sound/actions-plans-us-canada-cooperation-salish-sea.
136 For more information please visit: https://snohomishcountywa.gov/DocumentCenter/View/87563/FY21-EPA-Funding-
(juidance-to-SILs FINAL.
-------
Statutory Authority:
Clean Water Act. Further Consolidated Appropriations Act, 2023 (P.L. 117-328).
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SJ-IVJ5'
SMnS.000
154
.s/.v/
Total Budget Authority
$349,157
$368,000
$368,154
$154
Total Workyears
68.2
77.0
77.0
0.0
Program Project Description:
The Great Lakes are the largest system of surface freshwater on Earth, containing 20 percent of
the world's surface freshwater and 95 percent of the United States' surface freshwater. The
watershed includes two nations, eight United States (U.S.), 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 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 0137, including:
Five Areas of Concerns (AOCs) delisted, including the Ashtabula River AOC in FY 2021.
(Prior to GLRI, only one Great Lakes AOC was delisted.) Eleven others have had the
cleanup and restoration actions necessary for delisting completed.
104 Beneficial Use Impairments (BUIs) at 28 AOCs in the eight Great Lakes states have
been removed, ten times the total number of BUIs removed in the preceding 22 years.
Over 4.3 million cubic yards of contaminated sediment have been remediated.
Over 215,000 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.
137 For more information, please see https:/Avww. epa. go v/greatlak.es. AOC and BUI information in the first two bullets is as of
6/1/22 and the contaminated sediment remediation is as of 12/31/21. Information in the remaining bullets is as of 9/30/21.
-------
Over 16 million pounds of invasive carp have been removed from the Illinois River,
reducing the potential for these 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 475,000 acres of habitat have been protected, restored, or enhanced; and
Over 625,000 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, EPA and its partner agencies collaboratively identify
proj ects and programs that will best advance progress under GLRI. EPA then provides a substantial
portion of those 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 partner agency's base funding.
FY 2024 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 2024, 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 will help to revitalize and generate community benefits in
environmental justice communities; 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 & Wildlife Service (FWS), 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 AOCs on
the U.S. side of the border. Agencies target collective efforts under the GLRI to maximize
removal of BUIs and 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 2024 targets are:
Ten BUIs (128 BUIs cumulative since 1987) removed in AOCs; and
-------
Three AOCs (31 AOCs cumulative since 1987 - 100 percent of the 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 vulnerable populations that
consume Great Lakes fish. Additional emphasis will be placed on the safe consumption of
wildlife and harvested plant resources.
Increase knowledge about 1) "Chemicals of Mutual Concern " identified pursuant to the Great
Lakes Water Quality Agreement Annex 3; and 2) other priority chemicals that have negatively
impacted, or have the potential to negatively impact, the ecological or public health of the
Great Lakes: Federal agencies will coordinate with appropriate state and tribal partners to
begin to fill critical monitoring and data gaps for priority chemicals in the Great Lakes.
Monitoring data from this process will provide information on the magnitude and extent of
these chemicals in the Great Lakes and help in the evaluation of associated ecological,
economic, and recreational consequences.
Invasive Species Objectives:
Prevent introductions of new invasive species: Federal agencies and their partners will continue
to prevent new invasive species (including invasive carp) from establishing self-sustaining
populations in the Great Lakes ecosystem. Federal agencies and their partners will work to
increase the effectiveness of existing surveillance programs by increasing detection abilities.
Federal agencies will continue to support state and tribal efforts to develop and implement
Aquatic Nuisance Species Management Plans which will be used for annual "readiness
exercises" and actual responses to new detections of invasive species. GLRI partners will be
able to use risk assessments in combination with updated "least wanted" lists to focus
prevention activities. Increasing the ability and frequency of Great Lakes states to quickly
address new invasions or range expansion of existing invasive species will be a key GLRI
strategy. In FY 2024, the goal is to conduct eight rapid responses 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,
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 2024, the
target is to control invasive species on 6,000 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. FY 2024 targets are:
Reduce 300,000 pounds (2.8 million pounds cumulative since 2010) of phosphorus
from conservation practice implementation throughout Great Lakes watersheds; and
Provide technical or financial assistance on 132,500 acres (2.8175 million acres
cumulative since 2010) 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. FY 2024 targets are:
Capture or treat 50 million gallons (550 million gallons cumulative since 2015) of
untreated stormwater runoff captured or treated; and
Restore or protect seven miles (61 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 will 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. FY 2024 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:
o Protecting, restoring, and enhancing coastal wetlands;
o Removing dams and replacing culverts to create fish habitat and reconnect migratory
species to Great Lakes tributaries,
o Restoring habitat necessary to sustain populations of migratory native species; and
o 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.
FY 2024 targets are:
o Restore, protect, or enhance 12,000 acres of coastal wetland, nearshore, and other
habitats (442,000 acres cumulative since 2010); and
o 200 miles (6,500 miles cumulative since 2010) of connectivity between rivers, streams,
and lakes providing passage for aquatic species.
Increase resiliency of species through comprehensive approaches that complement on-the-ground
habitat restoration andprotection: 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 support protection of native species that have
cultural, subsistence, and economic value. In FY 2024 the target is to complete actions to
significantly protect or promote recovery of populations of two species (eight 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 K-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.
In addition, the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58) includes $200
million for this program in FY 2024. In FY 2024, EPA is requesting appropriations language that
will provide funding under this program as no-year funds.
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 2017 - 2024 Allocations* by Focus Area
(Dollars in r
^housands
Focus Area
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Toxic Substances and
AOC
$107,500
$105,600
$107,400
$115,800
$118,500
$62,600
$102,165
TBD
Invasive Species
$62,200
$56,700
$57,000
$62,900
$66,000
$81,000
$70,213
TBD
Nonpoint Source
Pollution Impacts on
Nearshore Health
$47,900
$50,600
$51,200
$51,000
$55,400
$83,800
$79,479
TBD
Habitat and Species
$49,500
$52,400
$51,400
$54,500
$56,200
$79,500
$75,112
TBD
Foundations for Future
Restoration Actions
$32,900
$34,700
$33,000
$35,800
$33,900
$41,100
$41,031
TBD
TOTAL
$300,000
$300,000
$300,000
$320,000
$330,000
$348,000
$368,000
TBD
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Allocations are based on budgets approved by Regional Working Group agencies. The FY
2022 and FY 2023 allocations reflect adjustments as a result of allocating BIL funding,
principally to cleanup of AOCs. RWG agencies develop allocations for future funding, such
as FY 2023 and FY 2024, based on the authorized GLRI funding level and will make
adjustments upon appropriation.
Summary of FY 2017 - 2024 Allocations* by Agency
(Dollars in Thousands)
Aiicno
iy 2o r
I V 20IS
I V 201')
I V 2020
I V 2021
I V 2022
I V 2023
I V 2024
DHS-USCG
$1,580
$500
$1,(.(.|
S 1.250
$1,300
$1,200
TBD
TBD
DOC-NOAA
$12,027
$24,629
$29,405
$28,163
$16,621
$29,420
TBD
TBD
DOD-USACE
$55,940
$43,559
$37,387
$30,599
$42,612
$17,687
TBD
TBD
DOI-BIA
$10,904
$11,617
$9,842
$15,840
$15,765
$19,368
TBD
TBD
DOI-NPS
$4,379
$3,940
$3,822
$3,794
$4,968
$7,996
TBD
TBD
DOI-USFWS
$41,794
$52,902
$47,272
$53,523
$59,288
$78,910
TBD
TBD
DOI-USGS
$26,817
$25,724
$21,603
$19,780
$19,790
$20,702
TBD
TBD
DOT-MARAD
$800
$675
$803
$5,500
$8,000
$6,500
TBD
TBD
HHS-ATSDR/CDC
$593
$590
$0
$0
$0
$0
TBD
TBD
USD A-APHIS
$1,262
$1,176
$1,312
$1,378
$1,459
$1,832
TBD
TBD
USDA-NRCS
$22,072
$25,096
$20,697
$22,239
$24,374
$31,824
TBD
TBD
USDA-USFS
$11,355
$10,153
$11,646
$9,921
$12,464
$12,958
TBD
TBD
IA Totals:
$189,522
$200,560
$185,448
$191,988
$206,641
$228,395
TBD
TBD
EPA and Misc las
$110,478
$99,440
$114,552
$128,012
$123,359
$119,605
TBD
TBD
Totals:
$300,000
$300,000
$300,000
$320,000
$330,000
$348,000
$368,000
TBD
Allocations are based on budgets approved by Regional Working Group agencies. The FY 2022
allocations reflect adjustments as a result of allocating BIL funding, principally to cleanup of
AOCs. RWG agencies develop allocations for future funding, such as FY 2023 and FY 2024,
based on the authorized GLRI funding level and will make adjustments upon appropriation.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
-------
(+$1,500.0) 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.
(-$1,346.0) This program change is due to the increase in fixed and other costs.
Statutory Authority:
Clean Water Act Section 118.
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Homeland Security
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S4.054
S -I.0V2
S (>,051
SIJ5V
Total Budget Authority
$4,054
$4,692
$6,051
$1,359
Total Workyears
10.9
13.3
15.3
2.0
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, as well as
traditional homeland security topics. Due to this, the homeland security roles and responsibilities
of the EPA have expanded, and several areas (e.g., climate, natural disasters) now involve
engagement from the broader national security community. 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, cyber-attacks, and other national
security emergencies. 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.
In addition, EPA supports disaster recovery and mitigation, yet this essential work has been
steadily expanding to include climate change and climate security work identified in recent
Executive Orders. EPA's Mitigation and Recovery Order 2074 reaffirms our role using EPA
programs and resources and directs Regions to assign coordinators to support the agency-wide
efforts with mitigation and recovery. EPA's critical mitigation work prepares communities to
prevent or reduce impacts when natural (e.g., climate change) or human-made disaster (e.g., dirty
bomb, anthrax) occurs. Regions work with federal, state, territorial, tribal, and local communities
to provide technical assistance to reduce loss of life and environmental impact per the National
Mitigation Framework and the National Investment Mitigation Strategy. Climate change will
continue to increase the frequency, extent, and severity of natural disasters.
As our response roles are executed and the event continuum transfers to recovery, EPA then
focuses on how best to restore, redevelop, and revitalize the health, social fabric, economy, and
environment of the community using the six Recovery Support Functions of the National Disaster
Recovery Framework.
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EPA's Homeland Security: Communication and Information Program has two components. The
Office of Homeland Security (OHS) supports the Agency's coordination and communication
activities related to national security and homeland security. The Office of Mission Support, which
manages the Agency's Enterprise Security Operations Center (SOC), 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 policies 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. More specifically, OHS focuses on 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 also has developed a Classified Information Management Program to ensure
effective classified communications with all ten EPA Regions in the event of a national security
emergency or incident. OHS coordinates 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
National Counterintelligence and Security Center's Enterprise Threat Mitigation Framework via
the following programs: EPA Insider Threat, Suspicious Activity Reporting, National Operations
Security (OPSEC), and Counterintelligence. OHS also manages the program that supports the
Department of Treasury with the 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)138 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.
138 Please see the following for more information: https://www.dhs.gov/sites/default/files/publications/2020 10 06 homeland-
threat-assessment.pdf.
https://www.dni.gov/files/ODlSlI/documents/assessments/ATA-2021-Unclassified-Report.pdf.
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EPA's Enterprise 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 an enterprise security information and event
manager, enterprise logging, 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 2024 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 2024, 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.
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 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;
o Supporting risk assessment and risk management efforts by EPA in conjunction with
CISA; 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, Federal Bureau of
Investigation (FBI), and water sector entities, on several occasions, regarding cyber-attacks
on the water sector's IT and OT systems, 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 (EO) 14008, Tackling the Climate Crisis at Home and Abroad,139 "to
place the climate crisis at the forefront of this Nation's foreign policy and national security
planning," and to address emerging domestic and global biological risks, including
pandemics and national bio-preparedness policies.
Provide more comprehensive support to the expanding collaborations with Department of
Energy (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.
Continue to develop a program, working with the Office of Policy, to support the regional
Disaster Recovery Coordinators, increasing national disaster mitigation and recovery
capacity. OHS also will support regional Mitigation Coordinators to increase mitigation
planning and advance policy to increase resilience in support of Executive Order 14008
Tackling the Climate Crisis at Home and Abroad.
139 For additional information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-
order-on-tackling-the-climate-crisis-at-home-and-abroad/
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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.
In support of agency representation in various White House and other federal national
security and homeland security policy activities, EPA will expand its secure video
telecommunications (SVTC) capabilities.
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
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 EO 13587, Structural Reforms to Improve the Security
of Classified Networks and the Responsible Sharing and Safeguarding of Classified
Information140 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.
140 For more information, please see: https://obamawhitehouse.archives.gov/the-press-ofFice/201 l/10/07/executive-order-13587-
structural-reForms-improve-security-classified-net.
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Support the coordination and communication requirements of NSPM-32 to share
information on critical incidents in a timely and effective manner.
In FY 2024, EPA also will support implementation of EO 14028, Improving the Nation's
Cybersecurity,141 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 mature and 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.
Continue maturation and refinement of the Agency's Incident Response procedures in
compliance with EO 14028 and CISA'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,142 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.
Mature the security logging capabilities as outlined in OMB Memorandum M-21-31,
Improving the Federal Government's Investigative and Remediation Capabilities Related
to Cybersecurity Incidents.143 This activity will build on implementation of Event Logging
Level 3 for Advanced Logging requirements at all criticality levels. It will focus on fully
implementing Security Orchestration, Automation, and Response tools to streamline threat
and vulnerability management, incident response, and security operations automation, as
141 For more information, please see: https://www.whitehouse.gov/briefiiig-room/presidential-actioiis/2021/05/12/executive-
order-on-improving-the-nations-cybersecurity/.
142 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/10/M-22-01.pdf.
143 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/08/M-21-31-Improving-the-
Federal-Goveinments-Investigative-and-Remediation-Capabilities-Related-to-Cybersecurity-Incidents.pdf.
-------
well as User Behavior Monitoring analytics to enable early detection of malicious
behavior.
In compliance with OMB Memorandum M-22-09,144 Moving the U. S. Government Toward
Zero Trust Cybersecurity Principles, the SOC will support implementation of a Zero Trust
Architecture across the Agency.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$282.0) This net 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.
(+$1,320.0 / +1.0 FTE) This program change increases resources and FTE for
implementing the EPA Climate Adaptation Action Plan, supporting the increased
resilience of EPA programs, and strengthening the capacity of states, communities, and
businesses to adapt to climate change, with a particular focus on enhancing environmental
justice. This investment includes $210.0 thousand in payroll costs.
(+$372.0 / +1.0 FTE) This program change increases resources and FTE for enhancing
homeland security coordination and communication efforts across the Agency. This
investment includes $210.0 thousand in payroll costs.
(-$51.0) This program change reflects efficiencies realized from streamlining homeland
security IT efforts across the agency.
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.
144 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2022/01/M-22-09.pdf
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SO 23
S 1.023
smn
Science & Technology
$9,941
$10,852
$34,205
$23,353
Total Budget Authority
$10,814
$11,775
$35,228
$23,453
Total Workyears
26.1
26.6
57.6
31.0
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 2024 Activities and Performance Plan:
Work in this program directly supports Goal 6/Objective 6.3, Prepare for and Respond to
Environmental Emergencies in theFY 2022 - 2026 EPA Strategic Plan. This program also
supports 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 2024, 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;
Encouraging 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 current information, tools, training, and protocols designed
to enhance the security (including cybersecurity), preparedness, and resiliency of the water
sector (including addressing natural hazards and 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 occurrence of
or trends in these incidents.
Providing this information, coupled with effective information sharing processes, allows 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 2024 Change from FY 2023 Enacted Budget (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.
(+$63.0) This program change provides increased resources to promote the protection of
critical water infrastructure.
Statutory Authority:
SDWA, §§ 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Science & Technology
$501
$625
$501
-$124
Building and Facilities
$7,049
$6,676
$6,676
$0
Hazardous Substance Superfund
$1,201
$1,029
$1,530
$501
Total Budget Authority
$13,653
$13,518
$13,865
$347
Total Workyears
12.0
13.3
9.2
-4.1
Total workyears in FY 2024 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).145 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,
including conducting mandatory training and NSI inspections at EPA's accredited facilities. In
addition to the NSI program, EPA operates a Personnel Security Program that initiates and
adjudicates personnel background investigations, processes fingerprint checks, determines
individual eligibility to access classified NSI, and maintains personnel security records for all
federal and non-federal employees.
FY 2024 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.
145 For additional information, please see: https://www.dhs.gov/homeland-security-presidential-directive-12
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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
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 2024, 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.
The Agency will continue to prioritize implementation of Trusted Workforce 2.0146 (TW 2.0). TW
2.0 is a whole-of-government background investigation reform effort overhauling the personnel
vetting process by creating one government-wide system that allows reciprocity across
organizations. This effort includes moving from periodic reinvestigations every five to ten years
towards a Continuous Vetting program, which protects the trusted workforce in real time.
In FY 2024, pursuant to the April 2022 Trusted Workforce Implementation Strategy issued by the
Security, Suitability, and Credentialing Performance Accountability Council, EPA will complete
projects that support the transition to TW 2.0, including: enrollment of EPA personnel into the
continuous evaluation program managed by the Defense Counterintelligence and Security Agency,
and integration of EPA processes with National Background Investigation Services (NBIS),147 a
new personnel vetting IT system for the background investigation process to deliver stronger
security, faster processing, and better information sharing.
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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
146 For additional information, please see: https://www.performance.gov/trusted-workforce/.
147 For more information, please refer to: https://www.dcsa.mil/is/nbis/.
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FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$30.0) This program change reflects cost efficiencies associated with the continued
adoption of the Enterprise Physical Access Control System (ePACS) shared service across
EPA facilities.
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
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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Science & Technology
$116
$199
$173
-$26
Total Budget Authority
$3,082
$3,563
$5,286
$1,723
Total Workyears
8.4
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.148 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 all homes be tested for radon
and if radon levels above EPA's guidelines are confirmed, elevated levels should be reduced by
home mitigation using proven, straightforward 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 millions of homes are still in need of
mitigation. Additionally, low-income families and tribal communities lack access to resources to
address radon. This voluntary program promotes partnerships among national organizations, the
private sector, and more than 50 state, local, tribal, and territory governmental programs to reduce
radon risk.
FY 2024 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.
148 https://www. epa. gov/radon.
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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 exposure.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
1,881
1,981
2,083
Deaths
Prevented
Actual
1,383
1,482
1,578
1,684
1,795
1,894
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$50.0) 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.
(+$1,699.0 / +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 $675.0 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
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S'J.OSS
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S 2.550
Science & Technology
$2,224
$1,683
$2,349
$666
Hazardous Substance Superfund
$2,011
$2,472
$3,010
$538
Total Budget Authority
$12,479
$13,243
$16,997
$3,754
Total Workyears
53.9
54.8
67.2
12.4
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 2024 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 2024, 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.
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EPA scientists will participate, as appropriate, in interagency working groups to examine issues of
low-dose radiation health impacts and identify any needed 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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$106.0) 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. It also includes support
for critical agency wide infrastructure for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$2,352.0 / +7.3 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 $1,454 million in payroll.
(+$92.0 / +0.5 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
s -Vo
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Evaluation of Response Plans
In FY 2024, 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
agency for responding to foreign nuclear incidents, such as the Fukushima accident. In FY 2024,
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 and domestic nuclear technology
used in space nuclear systems and advanced reactor technologies. Building on efforts in FY 2023,
EPA will continue work on the safety evaluations of the Defense Threat Reduction Agency's
Demonstration Rocket for Agile Cislunar Operations (DRACO) mission and the National
Aeronautics and Space Administration's Dragonfly mission for potential impacts to human health
and the environment from these space nuclear systems. EPA will continue radiological contingency
planning and preparedness for DRACO and Dragonfly mission launches in 2025 and 2027,
respectively.
Coordinating Preparedness Efforts
EPA will continue essential planning and will participate in interagency tabletop 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 Guidance149 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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
90
92
92
Percent
Actual
<>2
88
Numerator
i:x.24
122.78
Personnel
and Assets
Denominator
140
140
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
149 For additional information, please see: https://www.epa.gov/sites/production/files/2017-
01/docuiiients/epa pag manual final revisions 01.-1.1.-201.7 cover disclaimer_8.pdf.
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(-$118.0) This net 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.
(+$611.0 / +3.1 FTE) This 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 $589.0 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).
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 12.011
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Science & Technology
$136
$278
$183
-$95
Total Budget Authority
$12,748
$13,871
$47,572
$33,701
Total Workyears
40.1
39.2
71.4
32.2
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 most significant public health risks within EPA's responsibility.150 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 2024 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 2024, EPA is requesting an increase of approximately $34 million and 32.2 FTE with
associated payroll to continue working with countries to adopt and implement Cookstove ISO
Standards to reduce black carbon and CO2 emissions from household energy as part of their
international climate commitments, scale up deployment of EPA's Indoor Air Quality Tools for
Schools program in coordination with the White House and other Federal partners to facilitate
smart investments and sustained effective and healthy operation of school facilities; provide
technical support for the White House Clean Air in Buildings Challenge; provide expanded
technical assistance to community-based asthma programs, particularly those in disadvantaged
150 For additional information, please visit: https://www.epa.gov/iaq.
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communities to reduce asthma disparities; and provide technical support to high-risk and low-
income communities to reduce radon lung cancer risk.
In FY 2024, 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.
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 and the school sector, through the Indoor Air Quality Tools for
Schools program, to put in place comprehensive indoor air quality management programs that
implement sustainable ventilation, filtration and other indoor air quality improvements to promote
healthy school environments for students and staff. EPA will provide and promote technical
assistance, training, outreach and other support to improve indoor air in schools nationwide,
including those in low-income and disadvantaged communities. 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. As of FY 2021, EPA had equipped 2,446
programs to support the infrastructure, delivery, and sustainability of comprehensive asthma care.
In FY 2024, EPA's goal is to have equipped 3,005 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 2024.
Performance Measure Targets:
(PM CS) Millions of demonstrably improved (field or lab tested) cookstoves sold.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
50
60
60
Millions of
Cookstoves
Actual
50
-------
(PMIA) Number of programs, annually, equipped to support the infrastructure, delivery and sustainability
of comprehensive asthma care.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
600
1,800
2,855
3,005
Programs
Actual
884
1,232
1,645
2,132
2,446
2,705
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$172.0) 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.
(+$33,968.0 / +32.2 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, reduce asthma disparities,
promote healthy school facilities in low-income communities in the U.S., and address the
international climate crisis by improving public health through the adoption of clean
cookstoves. This investment includes $6,071 million in payroll.
Statutory Authority:
Title IV of the Superfund Amendments and Reauthorization Act (SARA); Title III Toxic
Substances Control Act; Clean Air Act.
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International Programs
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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S ~J23
S 2U.044
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Total Budget Authority
$7,220
$7,323
$26,044
$18,721
Total Workyears
30.9
33.4
50.9
17.5
Program Project Description:
The United States works with international partners to address global sources of pollution,
including greenhouse gases (GHGs), as well as the impacts of pollution from the United States on
other countries, regions, 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 for measures 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; this assistance can also
strengthen the fundamental environmental rule of law. These actions 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 level the playing field for
industry and create incentives for innovation and deploying cleaner technologies. 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, lead
pollution, and air quality. EPA's engagement with international financial institutions, United
Nations (UN) entities, and the Organization for Economic Cooperation and Development (OECD)
has helped advance recognition of the critically important role of environmental factors, including
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air pollution and toxic chemicals that contribute to the global burden of non-communicable
diseases (NCDs), and of the role that sound environmental 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 in North America.
FY 2024 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 2024, EPA will continue to engage both bilaterally, regionally, 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. All related records will be maintained to ensure robust electronic recording
consistent with the OMB issued M-23-07, Update to Transition to Electronic Records.
Climate and Equity
Specifically, in line with the FY 2022 - 2026 EPA Strategic Plan, EPA will provide technical
assistance through the transfer of tools and knowledge 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. In FY 2022, EPA made significant progress
towards this goal with applicable engagements implemented. These actions are consistent with
EPA's draft International Climate Strategy Plan. Specifically, EPA's international work will
further the environmental governance of priority partner countries so that they can implement and
enforce effective climate mitigation activities and incorporate environmental justice climate
principles. Without basic governance infrastructure, it is difficult for many countries to make
progress on their Nationally Determined Contributions (NDCs) under the Paris Agreement. This
strategic direction responds to ongoing and anticipated requests from the White House and the
Special Envoy on Climate Change (SPEC) for whole of government action on climate change as
described in Section 103 of E.O 14008: Tackling the Climate Crisis at Home and Abroad.
In FY 2024, EPA is requesting $18.7 million and 17.5 FTE to enhance capacity building
governance programs for priority countries with increasing GHG footprints and increase their
capacity to implement partnerships as well as legislative, regulatory, and legal enforcement efforts.
These programs will also work to improve adaptive capacity and mitigation strategies of pollution-
burdened, vulnerable, and indigenous communities.
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
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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 by sharing expertise and
building the environmental management capacity of 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 2024, 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
(SLCPs) 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
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. Working with other
federal departments, EPA will continue to provide leadership and expertise on how to best address
land-based sources of marine litter, including plastics. Specifically, EPA will provide critical
technical and policy expertise through a multilateral intergovernmental negotiating committee
(INC) process to develop a new binding international arrangement to end plastic pollution151.
Since 80 percent of plastic marine litter comes from land-based sources of waste,152 countries with
inadequate waste management contribute to the pollution in our shared oceans. Improving
integrated waste management in these countries will continue to be a priority.
In FY 2024, EPA will share tools and provide technical assistance, including through efforts
related to Trash Free Waters, to key contributing countries in Asia and countries in Africa as well
as building 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. EPA will continue to collaborate with leaders in
innovation on 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
151 https://www.mep.ora/about-m-environment/inc-plastic-pollution.
152 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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major source countries in Southeast Asia and key partners in Latin America, the Caribbean, and
Africa through bilateral relationships and/or partnerships with UNEP leaders on 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 (e.g., Thailand) 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.
In FY 2024, building upon FY 2023 North America Leaders' Summit (NALS) deliverable for a
North American Strategy on Methane and Black Carbon, EPA will continue working with Canada
and Mexico to reduce methane emissions from the solid waste and wastewater sector by at least
15 percent by 2030 from 2020 levels and deepen collaboration on waste and agriculture methane
measurement and mitigation, including achieving the Global Methane Pledge through trilateral
cooperation on methane and black carbon emissions.
Food Waste
In FY 2024, 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 loss in the agricultural supply chain and consumer food waste. 153 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 best practices and technologies related to food loss and waste. In
FY 2024, EPA will implement another commitment made at the FY 2023 North America Leader's
Summit NALS by working with interagency partners at USDA and FDA to develop a Food Loss
and Waste Reduction Action Plan by the end of 2025 outlining efforts to cut food loss and waste
in half by 2030.154
Chemicals
153 For more information, please see: Intergovernmental Panel on Climate Change (IPPC) Special Report on Climate Change and
Land, Chapter 5 Food Security, pg 440, https://www.ipcc.cfa/site/assets/uploads/sites/4/2021/02/08 Chapter-5 3.pdf.
154 See https://www.whitehouse.gov/briefiiig-room/statemeiits-releases/2023/01/10/fact-sheet-key-deliverables-for-the-2023-
noith-american-leaders-summit/.
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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,155
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. EPA also continues its leadership role within the United Nations Environment Program's
Global Mercury Partnership. The Partnership coordinates effective and essential implementation
activities by governments, academia, and public and private organizations and businesses in
targeted sectors that are important for reducing the presence of mercury in the environment.
With respect to mercury, EPA continues to work with partner countries 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 releases156 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. In the G7, Germany, through its G7
Presidency in 2022, co-hosted with EPA a lead pollution workshop for G7 countries that took
stock of activities undertaken by G7 and others to address lead pollution and developed possible
options for future work and cooperation on sources of lead to reduce lead exposure in developing
countries. EPA will continue to advance options towards commitments by G7 countries and others
to reduce lead exposure in developing countries which will also help to reduce lead in products
destined for U.S. markets.
In addition, EPA will continue to work with International Arctic partners to further develop a joint
project proposal on per- and polyfluoroalkyl substances (PFAS). This effort will focus on aqueous
film-forming fire-fighting foams (AFFFs) 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 greenhouse gas (GHG) emissions, adapt to climate change, or improve resilience in a manner that
promotes equity.
155 For more information, please see: https://www.epa.gov/intemational-cooperation/miiiamata-conveiitioii-mercury
andwww.iiiercuiycoiiventioii.org.
156 For more information, please see: Global mercury assessment 11.JNEP - UN Environment Programme.
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FY
2»r
FY
20IX
FY
201<)
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
8
10
10
Engagements
Actual
8
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$456.0) 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. This includes support for critical
agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
(+$17,965.0 / +16.0 FTE) This program change increases FTE and resources to support efforts
for climate change work, including greenhouse gas guidance, pilot programs, and
indigenous engagements on climate change. This increase will also enhance capacity
building governance programs for priority countries with increasing GHG footprints to
increase their capacity to implement partnerships as well as support legislative, regulatory,
and legal enforcement efforts. This includes $3,501 million in associated payroll.
(+$300.0 / +1.5 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Total Budget Authority
$6,252
$5,510
$7,153
$1,643
Total Workyears
12.6
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 (USTR) 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 2024 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 2024, 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 will continue work on implementation of the Environment Chapter of the United
States-Mexico-Canada Agreement (USMCA) and other free trade agreements. The CEC work on
border watersheds supports America the Beautiful (AtB); specifically, the Administration is
pursuing a national conservation goal to protect or conserve at least 30 percent of U.S. lands and
waters by 2030. EPA activities will include monitoring and verifying provisions pertaining to
global and national environmental requirements in the agreement and providing subject matter
-------
expertise including activities that enhance capacity building governance programs in North
America that increase the capacity to implement partnerships as well as legislative, regulatory, and
legal enforcement to reduce the overall GHG footprint. These additional international activities
would fall into the following categories: reducing short-lived climate pollutants (SLCPs);
improving household and commercial energy efficiency; improving integrated air quality
management, including global GHG modeling, monitoring, and reporting; boosting national and
local climate adaptation and resilience strategies; and supporting resource efficiency actions to
reduce GHG emissions from overlooked sources.
EPA will continue active participation in the United States Trade Representative (USTR) led
Interagency Environment Committee for Monitoring and Environment (IECME) established to
access implementation and maintenance by Mexico and Canada compliance of their environmental
obligations.
In addition, EPA will continue to play an active role in the negotiation of agreements with other
countries to facilitate trade and to promote good regulatory practices and anti-corruption measures,
and then provide technical assistance to support implementation of environmental commitments
within those agreements. At present, EPA collaborates through the USTR-led interagency process
to support the negotiation of the Indo-Pacific Economic Framework for Prosperity, the U. S.-Kenya
Strategic Trade and Investment Partnership, and the U.S.-Taiwan Initiative on 21st Century Trade.
Further, given the Biden Administration 2022 Trade Agenda emphasis on achieving climate
change objectives and supporting underserved and vulnerable communities, including possibly
through trade measures, EPA will provide technical advice and input for the negotiation of a
sectoral agreement with the EU on steel and aluminum that will lead to decarbonizing production
and provide governance capacity building for incentivizing the abatement of methane emissions
and the transition to cleaner energy.
In FY 2024, 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 that enhance capacity building governance programs for priority countries
with increasing GHG footprints and increase their capacity to implement partnerships as well as
legislative, regulatory, and legal enforcement. 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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$22.0) This net change to fixed and other costs is a decrease due to the recalculation of
base workforce costs due to annual payroll increases, adjustments to provide essential
workforce support, and changes to benefits costs.
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(+$1,665.0 / +2.7 FTE) This program change supports an increase in resources to provide
support and capacity building for regional and international Trade and Governance programs
and projects addressing climate change and environmental justice. This includes $523.0
thousand in associated 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.
-------
US Mexico Border
Program Area: International Programs
Goal: Tackle the Climate Crisis
Objective(s): Advance International and Subnational Climate Efforts
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Total Budget Authority
$2,886
$2,993
$5,088
$2,095
Total Workyears
11.6
12.4
17.4
5.0
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, where the benefits of international programs are very apparent.
This region accounts for three of the ten poorest counties in the U.S. and is characterized by higher-
than-average poverty, unemployment, uninsurance, and lower than average median incomes.157 In
addition, over 500 thousand of the 15 million people in the region live in colonias,158 which are
unincorporated communities characterized by substandard housing and unsafe drinking water or
wastewater systems. 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. 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.
The Border 2025 Program will continue to emphasize local priority-setting, focus on measurable
environmental results, and encourage broad public participation. Specifically, Border 2025 builds
on earlier program work, which includes project-promoted solutions or monitoring related to air
quality, used tire management, environmental health promotion, response to environmental
emergencies, and treatment of wastewater.159 In addition, the Border 2025 Program has helped
highlight regional areas where environmental improvements are most needed and establish
thematic goals supporting the implementation of projects, while considering the 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: Goal 1: Reduce Air Pollution, Goal 2:
157 For additional information, please visit:
https://www.ruralhealth.us/NRHA/media/Emerge NRHA/Advocacy/Policy%20documents/05-11-18-NRHA-Policy-Border-
Health.pdf.
158 https://www.daHasfed.Org/~/media/documents/cd/pubs/lascolonias.pdf.
159 https://www.epa.gov/sites/default/files/2021-05/documeiits/final b2020 acc_report_may_24_2021.pdf.
-------
Improve Water Quality, Goal 3: Promote Sustainable Materials and Waste Management and Clean
Sites, and Goal 4: Improve Joint Preparedness for and Response to Hazardous Environmental
Emergencies. Within the goals are specific objectives that identify actions that will be taken in
support of the program's mission. The Border 2025 Program supports the President's Executive
Order on Diversity, Equity, Inclusion, and Accessibility in the Federal Workplace as well as cross-
Agency efforts of tackling the climate crisis and advancing environmental justice.
Guiding principles support the mission statement, ensure consistency among all aspects of the
Border 2025 Program, and continue successful elements of previous binational environmental
programs. Prioritizing environmental equity and addressing disproportionate environmental
impacts in border communities by protecting, improving, and promoting environmental awareness
and environmental and human health is one of the program's core principles. This principle aligns
with one of EPA" s priorities to promote equity for underserved communities and civil rights in the
U.S. border region.
The Border 2025 program is under the Justice40 Initiative that has as its goal to ensure that 40
percent of overall benefits of federal investments are directed to disadvantaged communities. To
help support Justice40 implementation, activities may include developing benefits methodologies
and identifying, tracking, analyzing, and reporting Justice40 data. EPA and the Secretariat of
Environment and Natural Resources (SEMARNAT) will continue to closely collaborate with the
ten border states (four U.S./six Mexican), twenty-seven U.S. federally recognized tribes,
indigenous communities including the afro-Mexican community in Mexico, 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 2024 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.
All records will be consistent with the Update to Transition to Electronic Records as per OMB
issued M-23-07, Update to Transition to Electronic Records, including Border Office Records.
Air Pollution
In FY 2024, EPA will continue to focus on air pollution reductions in binational airsheds, work on
reducing emissions through implementing policy-based or technology-based programs and
maintain effective air quality monitoring networks and timely access to air quality data along the
border region to help support the Administration's goal of reducing air pollution and the effects of
climate change. This effort to meet health-based air quality standards, especially for particulate
matter and/or ozone, is expected to mitigate negative effects on public health by deploying
innovative strategies or technologies and building public awareness of associated health risks to
protect public health and advance environmental justice.
-------
EPA and SEMARNAT will continue to build on the successful air quality efforts conducted in the
Border 2020 program, which 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 New Mexico,
Texas, and Chihuahua shared air basin, local coordinated efforts will advance work to address
mobile sources at two designated border cities.
EPA will assist in expanding technical training to promote standardized approaches and
improvements to emissions inventory development, 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 to Texas' largest populated
border city of El Paso in protecting U.S. 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 2024, 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 entering the
aquatic environment through the capture of litter using river booms in known watershed litter hot
spots.
Sustainable Materials Management
In FY 2024, 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. Additionally, EPA will work to increase institutional capacity for resource efficiency and
sustainable management of materials and develop/implement strategies to reduce illegal dumping,
maximize material recovery, and promote environmentally sound disposal practices. Each region
of the northern border has different economic, social, and cultural situations, with different
capacities to mitigate the generation and management of waste and secondary materials.
EPA will continue to work to increase institutional capabilities in planning and technical
assistance, enabling the development of programs, projects, or actions, which consider the life
cycle analysis on natural resource economics, manufacturing, transport, and other market factors
to more effectively collect and use materials and avoid them from being lost to landfills.
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Emergency Preparedness and Response
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, the Program
will continue updating the Mexico-U.S. Joint Contingency Plan in both Spanish and Englishes
well as conducting knowledge exchange and tabletop exercise activities to build partnership
capacity and provide locals with the opportunity to test and improve emergency plans in their
areas- In addition, both countries will coordinate binational efforts border wide.
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
20 r
FY
20IX
FY
201<)
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
3
10
10
Actions
Actual
6
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$392.0) 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. This includes support for critical
agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
(+$1,703.0 / +5.0 FTE) This program change increase supports efforts addressing pollution
and climate change related activities along the United States and Mexico Border. To
address the priority 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 people
living along the U.S.-Mexico border. This includes $916. thousand in associated 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.
-------
IT/ Data Management/ Security
-------
Information Security
Program Area: IT / Data Management / Security
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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$1,062
$7,859
$6,797
Total Budget Authority
$11,659
$10,204
$31,748
$21,544
Total Workyears
10.9
14.1
17.1
3.0
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 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, EPA requests $14.7 million to support enhancements to protect the Agency's
information technology portfolio. This investment will increase EPA's information technology
resiliency and limit vulnerabilities in the event of a malicious attack. 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.160
160 Work in this program takes direction for IT implementation practices and priorities from the following:
EO 14028: Improving the Nation's Cybersecurity (https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/05/12/executive-order-on-improvinz-the-nations-cybersecurity/)
OMB Memo M-23-03: Fiscal Year 2023 Guidance on Federal Information Security and Privacy Management Requirements
(https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-03-FY23-FISMA-Guidance-2.pdf)
OMB Memo M-19-26: Update to the Trusted Internet Connection (TIC) Initiative (https://www.whitehouse.gov/wp-
contenlZuplouds/2019/09/M~19~26:pdf)
OMB Memo M-21-30: Protecting Critical Software Through Enhanced Security Measures (https://whitehouse.gov/wp-
contenlZupiouds/2021/08/M~21~30:pdf)
OMB Memo M-21-31: Improving the Federal Government's Investigative and OMB Memorandum Remediation Capabilities
Related to Cybersecurity Incidents (https://www.whitehouse.gov/wp-content/uploads/2021/08/M-21-31-lmproving-the-
Federal-Governments-lmyestigative-and-Remediation-Cavabilities-Related-to-Cybersecurity-Incidents.pdf)
OMB Memo M-22-01: Improving Detection of Cybersecurity Vulnerabilities and Incidents on Federal Government Systems
through Endpoint Detection and Response (https://www.whitehouse.gov/wp-content/uploads/2021/10/M-22-01.pdf)
-------
Improving the Defense and Resilience of Government Networks
Zero Trust Architecture (ZTA)
A key priority for EPA's information security needs is the development of networks which can
resist malevolent actions regardless of their origin. ZTA will grant authorized users full access to
the tools and resources needed to perform their jobs but limit access to unnecessary areas. Proper
permissions for a given user's needs are a critical component of Zero Trust Architecture and coding
for more granular control over the network environment is an information security priority.
EPA will continue to improve defense and resilience of government networks in accordance with
ZTA security principles, which focus on virtual identity management capabilities. These
improvements ensure agency staff can access necessary software applications while providing
resistance to malicious phishing campaigns and sophisticated online attacks. For those system
environments not integrated into the larger enterprise system, which may not be compatible with
the enterprise-wide identity management capabilities, EPA will continue efforts to harden those
systems with continuous monitoring capabilities to reduce risk.
EPA will continue to implement cybersecurity enhancements necessary to support a larger remote
workforce, which includes strengthening cloud security monitoring and access to sensitive data,
cyber incident response, and cloud platform management services. These enhancements allow
agency staff to securely use systems and services in the cloud while also improving application
performance and reducing costs associated with Trusted Internet Connections (TIC). The Agency
also will pilot enterprise web application control tools to protect web applications by preventing
malicious traffic from accessing the web application or agency data. 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,161 and to
monitor and report on EPA networks and systems.
IT Modernization for Federal Cybersecurity by Design
EPA will continue to strengthen information technology (IT) assets and develop resiliency against
potential cybersecurity threats. This work includes enhancing Multifactor Authentication to
strengthen access controls to data and evaluating areas which still may require implementation of
encryption for Data at Rest and Data in Transit to protect data. EPA has prioritized investments to
protect the most sensitive systems and information. Additionally, EPA will work with the
Department of Homeland Security and the Continuous Diagnostics and Mitigation (CDM)
Program to ensure up-to-date technologies are implemented.
OMB Memo M-22-09: Moving the U.S. Government Toward Zero Trust Cybersecurity Principles
(https://www.whitehouse.zov/wp-content/uploads/2022/01/M-22-09.pdf)
OMB Memo M-22-16: Administration Cybersecurity Priorities for the FY 2024 Budget (https://www.whitehouse.gov/wp-
content/uploads/2022/07/M-22- 16.pdf
OMB Memo M-23-03: Fiscal Year 2023 Guidance on Federal Information Security and Privacy Management Requirements
(https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-03-FY23-FISMA-Guidance-2.pdf)
NIST 800-53
161 These assessments include Annual Assessments and Classified briefings with the Department of Homeland Security and
EPA's Office of Homeland Security, as well as a 2017 OIG Report, available at:
https://www.epa.gov/sites/production/files/2017-10/documents/ epaoig_20171030-18-p-0031.pdf.
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Cyberattacks 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 Chief Information Officer's (CIO)
Information Security and Privacy Programs through continuous monitoring functions. These
capabilities serve to identify and address security vulnerabilities and incidents quickly, ensuring
that EPA's information environment remains safe.
EPA will continue to support the ongoing implementation of capabilities for data labeling and data
loss prevention, which 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 Enterprise Security Operations Center (SOC),
which manages the Computer Security Incident Response Capability (CSIRC) processes to support
identification, response, alerting, and reporting of suspicious activity. EPA will mature the system
logging capabilities in Event Logging (EL) Level 3 for Advanced Logging requirements at all
criticality levels, leveraging Security Orchestration, Automation, and Response tools to streamline
threat and vulnerability management, incident response, and security operations automation.
Additionally, EL 3 will employ User Behavior Monitoring analytics to enable early detection of
malicious behavior. 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 Agency's Security Operations Center will continue work to integrate End Point Detection and
Response capabilities with the CDM Program to support proactive detection of cybersecurity
incidents, 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.
EPA leverages CDM capabilities to address the Agency's cybersecurity security gaps and
efficiently identify and respond to government-wide cybersecurity threats and incidents. In FY
2024, 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 gaps in
privileged access to EPA's network and will 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. In line with OMB and DHS direction, the CDM Program will implement priority
capabilities as they are identified. In FY 2024, EPA estimates a $13 million budget for the CDM
Program.
Strengthening the Foundations of our Digitally-Enabled Future
Securing Infrastructure Investments
The Agency collects Federal Information Security Modernization Act (FISMA) metrics and
evaluates related processes, tools, and personnel to identify gaps and opportunities for
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improvement.162 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. EPA will:
Modernize and automate the methodology and workflow for collecting Federal
Information Registry data supporting the System of Record Notice Management process.
Continue implementing Ground Truth Testing to validate security and find weaknesses
through manual and automated penetration testing and red team exercises.
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 includes cybersecurity and privacy components in senior leadership program reviews. These
reviews enhance CIO oversight by enabling better risk area determination and targeted
improvement to system and mission program managers. While EPA program and regional offices
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.
Human Capital
EPA will further enhance agency-specific role-based training to ensure personnel in key
cybersecurity roles have a comprehensive understanding of modern, secure IT and cybersecurity
requirements, with the skills, knowledge, and capabilities to effectively support EPA's
cybersecurity posture.
Technology Ecosystems
EPA will build on efforts to fully carry out the Agency's program to implement Cybersecurity
Supply Chain Risk Management Controls to comply with the Government Accountability Office
findings and NIST 800-53 Rev 5 Security and Privacy Controls for Information Systems and
Organization.163'164 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. EPA will continue to 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 ALR) Implementation of advanced event logging requirements (EL3) across EPA networks.
162 Including those found in Federal Information Security Modernization Act of 2014 and Federal Information Security
Cybersecurity Act of 2015.
163 Government Accountability Office Report on information and communications technology (ICT) Supply Chain: GAO-21-
164SU.
164 For more information, please see: https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final.
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I V 20 r
I V 20IS
I V 2019
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
ELI
EL3
EL3
Tier
Actual
EL0
(PM DAR) Percentage of EPA data at rest in compliance with encryption requirements.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
JO
95
Percent
Actual
Numerator
Systems
Denominator
(PM DIT) Percentage of EPA data in transit in compliance with encryption requirements.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
90
95
Percent
Actual
Numerator
Systems
Denominator
(PM MFA) Percentage of EPA applications in compliance with multifactor authentication requirements.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
75
85
90
Percent
Actual
48
Numerator
223
Applications
Denominator
463
(PM ZTA) Percentage of "Zero Trust Architecture" projects completed on time.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
100
100
Percent
Actual
Numerator
TBD
Denominator
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$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.
(+$14,533.0 / +3.0 FTE) This program change supports enhancements to protect the
Agency's information technology infrastructure portfolio and advance the implementation
of EO 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. This investment includes $617.0 for 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); 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Science ik Technology
$3,197
$3,313
$116
Hazardous Substance Superfund
$16,075
$19,764
$17,727
-$2,037
Total Budget Authority
$108,903
$114,782
$126,908
$12,126
Total Workyears
463.6
490.9
503.9
13.0
Total work years in FY 2024 include 172.0 FTE to support IT/Data Management working capital fund (WCF)
services.
Program Project Description:
This program supports the maintenance of EPA's Information Technology (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 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, the Agency requests an additional $4.0 million to continue to support Future of Work
efforts of the Agency through maintaining and enhancing the IT infrastructure required to support
a permanent increase in telework, remote work, and operational readiness, consistent with Office
of Management and Budget Memorandum M-21-25.165 This includes modernizing the Agency's
obsolete voice communications system and investing in the enterprise network to support
enhanced collaboration flowing smoothly and efficiently within a widely distributed community.
Additionally, EPA requests $6.1 million in FY 2024 for the maintenance and modernization of the
Agency's enterprise network switch infrastructure. This funding ensures critical infrastructure is
replaced when it reaches end of life/end of support. Failure to replace switch infrastructure may
165 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-25.pdf
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result in network degradation, which leaves EPA vulnerable to cybersecurity threats, and can
disrupt operations.
In FY 2024, EPA will continue implementation of the agencywide Digitization Strategy, which
includes the operation of two EPA digitization centers and the development and operation of a
modernized electronic Agency Records Management System (ARMS), which is necessary to meet
the requirements of Memoranda M-19-21 Transition to Electronic Records issued by the Office
of Management and Budget and the National Archives and Records Administration.166 In FY 2024,
two EPA digitization centers will digitize, validate, and upload electronic files into the ARMS.
Additionally, EPA will leverage artificial intelligence and machine learning to assist staff with
appropriately scheduling electronic records that are saved to ARMS. The Agency will operate the
Paper Asset Tracking Tool (PATT) to track paper records as they are submitted and processed
through the digitization centers.
The Agency also will continue implementing the 21st Century Integrated Digital Experience Act
(P.L. 115-336), which includes modernization of internal and public-facing websites and digital
services, as well as digitization of paper forms and non-digital services. EPA will continue
digitizing the Agency's public-facing paper forms in compliance with the 21st Century Integrated
Digital Experience Act and based on the completed inventory of the Agency's forms.
In FY 2024, EPA 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, which directly supports the requirements under Executive Order
14035.167 Key initiatives include,
Further strengthening the Agency's IT acquisition and portfolio review process as part of
the implementation of FITARA. In the most recent FITARA scorecard, released in
December 2022,168 EPA scored an overall B. EPA will continue to use the results of the
FITARA scorecard to drive agency priorities and investments.
Continuing 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, improve internal data collection
and reporting, and improve cross-agency data interoperability and delivery to the public.
This work includes identifying a set of processes which will yield the greatest benefit for
the Agency upon automation and complete a high priority pilot automation project.
Continuing work on EPA's Controlled Unclassified Information Program 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.169
166 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploads/2019/08/M-19-21-new-2.pdf.
167 For more information, please refer to Executive Order: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/06/25/executive-order-on-diversity-equity-inclusion-and-accessibility-in-the-federal-workforce/.
168 For additional information, please refer to:
https://oversight.house.gov/sites/democrats.oversight.house.gov/files/COR%20Scorecard%2014.pdf.
169 For more information, please refer to Executive Order: https://www.federalregister.gOv/documents/2010/l 1/09/2010-
28360/controlled-unclassified-information.
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Increasing the use of registries, continue migration to a cloud infrastructure, and improve
registry quality by modernizing from custom built solutions to commercial off-the-shelf
tools with expanded capabilities. 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.
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, in line with the guidance in
Executive Order 14058.170 The Program focuses on collaborations such as the Hiring and
Onboarding process, which collects feedback from IT professionals, hiring managers, regions,
programs, and other stakeholders to improve the experience for hiring authorities and new
employees at EPA. The CX Program collects customer feedback, conducts data analytics, assesses
priorities within a governing community of practice, and presents recommendations to senior
leaders to allocate resources to improve CX initiatives.
In FY 2024, 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.
Throughout FY 2023 and FY 2024, based on the Agency's assessment of options for improving
regulated facility data, EPA will establish a governance framework for implementing an enterprise
data life cycle approach for managing regulated facility data.
In FY 2024, Web Infrastructure Management will continue to modernize EPA's web presence to
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 to ensure that it meets current
statutory and evolving security requirements.
The EPA Chief Data Officer (CDO), with support from the Agency's Data Governance Council
(DGC) will continue to develop enterprise scale data governance, including data policies,
procedures, and standards to ensure all priority data assets are fully available. Additionally, they
will promote data management that emphasizes equitability and FAIR (Findable, Accessible,
Interoperable, and Reusable) data principles. EPA's enterprise data governance implementation
plans depend on coordination across the Agency's program offices and regions. Currently, EPA
relies on a network of data managers and stewards across the Agency to implement governance.
To facilitate effective communication between the DGC and responsible parties, as well as to
170 For additional information, please refer to: https://www.federalregister.gov/documents/2021/12/16/2021-27380/transforming-
federal-customer-experience-and-service-delivery-to-rebuild-trust-in-government For additional information, please refer to:
https://www.federalregister.gov/docunients/2021/12/16/2021-27380/transfonniiig-federal-customer-experience-and-service-
delivery-to-rebuild-trust-in-govemment.
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ensure development and implementation of the most effective data policies, procedures, and
standards, EPA proposes to establish a data officer position in each of the 23 EPA program offices
and regions. These data officers will fulfill essential communication and coordination functions
and serve as anchors for building a stronger culture of utilizing data to build evidence and support
decision making across EPA.
Performance Measure Targets:
(PM GOP A) Percentage of priority internal administrative processes automated.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
10
10
Percent
Actual
Numerator
Internal
Processes
Denominator
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$568.0) 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.
(+$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.
(+$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.
(+$3,124.0 / +15.0 FTE) This program change supports agencywide implementation
Evidence Act data stewardship and governance requirements. This investment includes
$2,776.0 for payroll.
(+$195.0 / +1.0 FTE) This program change provides increased support for ongoing
response efforts for Red Hill in Region 9 to protect communities and ensure safe drinking
water. This investment includes $185.0 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); Federal Information Technology Acquisition
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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; Foundations for Evidence-Based Policy
Making Act of 2018; Geospatial Data Act of 2018.
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Legal/ Science/ Regulatory/ Economic Review
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Administrative Law
Program Area: Legal / Science / Regulatory / Economic Review
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 5.0 2 2
Y\.W
Sfi.llf,
.S '21
Total Budget Authority
S5,i95
S6,116
S721
Total Workyears
20.1
25.8
25.8
0.0
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. They 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 (EAB).
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Environmental Appeals Board
The Environmental Appeals Board 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 (EJ) 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 Justice171 was issued, the EAB has played a
pioneering role in ensuring that the Agency meets its obligation with respect to EJ 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 EJ issues in their
permit decision making process.
To promote access to justice, parties appearing before the EAB are not required to be represented
by counsel or pay a filing fee. Additionally, the EAB promotes public participation in the appeals
process through remote oral arguments and maintaining an extensive website, accessible to the
public, containing all final EAB decisions and case filings. Among others, parties participating
before the EAB include local and national community groups, tribal nations, private parties, and
state and local governments.
The EAB also decides petitions for reimbursement under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) 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
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 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, the ALJs will continue to convene formal hearings either remotely or in the location
of the alleged violator or violation, as required by statute. As the Agency continues its focus on
reviewing FIFRA registrations and making determinations on certain claims against the Superfund
under CERCLA into FY 2024, the ALJs will support adjudication of these time-sensitive matters.
In FY 2024, the EAB will continue to efficiently and fairly adjudicate permit and enforcement
171 Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations.
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appeals under all statutes as well as petitions for reimbursement under CERCLA, 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 EJ-related issues and in new work assuring access to justice, including for tribal nations and
parties impacted by EJ-related concerns.172 In FY 2024, the EAB will support the implementation
of the American Innovation and Manufacturing Act (AIM Act) of2020, specifically administrative
enforcement of its provisions concerning hydrofluorocarbons (HFCs), which are designed to phase
down the production and consumption of listed HFCs, manage these HFCs, and facilitate transition
to next generation technologies.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$401.0) 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.
(+$320.0) This program change is an increase to support programmatic investments
relating to advancing environmental justice through the Administrative Law Program.
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).
172 For additional information, please refer to Executive Order 14008: "Tackling the Climate Crisis at Home and Abroad,"
https://www.federalregister.gov/docunients/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad.
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Alternative Dispute Resolution
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Hold Environmental Violators and Responsible Parties Accountable
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S I.IWi
S'J'2
S 2.11-1
S 1.222
Hazardous Substance Superfund
$698
$791
$880
$89
Total Budget Authority
$1,894
$1,763
$3,074
$1,311
Total Workyears
5.5
5.9
10.0
4.1
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, and consensus building advice and support for the entire Agency. The Program's ADR
services especially support the meaningful engagement of EPA programs with communities and
other stakeholders, including states and tribes, by helping to develop collaborative and effective
partnerships.
FY 2024 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 2024, EPA requests an additional $1.2 million and 4.1 FTE for the ADR Program. EPA will
continue to provide conflict prevention and ADR services to all EPA programs and external
stakeholders on environmental matters. This program will continue to support implementation of
Executive Order (EO) 13985: Advancing Racial Equity and Supportfor Underserved Communities
Through the Federal Government.173 This investment also will be used to build capacity to
improve oversight and enforcement of civil rights compliance and to prioritize and advance EJ
concerns.
Specifically, the ADR Program will:
Administer its five-year, $53 million Conflict Prevention and Resolution Services contract,
through which it provides most of its conflict prevention and resolution services to the
Agency. The contract supports facilitation and mediation services for more than 100 active
173 For more information, please see: https://www.whitehouse.gov/briefiiig-room/presidential-actioiis/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-govemment/.
-------
projects involving stakeholders across the Agency and is expected to take on an additional
20 to 30 projects in FY 2024. The ADR Program expects continued growth in the areas of
environmental justice, climate change, and Title VI civil rights cases. Contract support
contributes to more productive engagement between EPA programs and communities,
especially underserved and overburdened communities.
Provide facilitation, mediation, and training services through the four conflict resolution
specialists on staff and the Regional Environmental Collaboration and Conflict Resolution
(ECCR) specialists, who perform environmental ADR work as collateral duty with support
from the ADR Program. The ADR Program expects to provide support through conflict
resolution specialists and ECCR specialists for agency programs and stakeholders by
providing facilitation, mediation, or other consensus building support on 20 to 30 projects
in FY 2024, including up to 10 Title VI civil rights cases. The ADR Program initiated a
pilot program in FY 2022 to provide facilitation services to resolve Title VI civil rights
complaints as part of the Informal Resolution Agreement process; the Program is now fully
formed, and demand for facilitation services to resolve complaints continues to grow. As
with contract support, direct staff support promotes greater collaboration among EPA and
its stakeholders, as well as greater inclusion of overburdened and underserved
communities.
Provide training to EPA staff in conflict resolution concepts and skills. The ADR Program
offers this training through eight interactively designed courses to all national program
offices and regions. The ADR Program created virtual versions of its trainings during
COVID, which has expanded its reach throughout the Agency. As of February 2023, the
ADR Program has delivered eight trainings and has scheduled several more. The ADR
Program expects a continued increase in training requests in FY 2024. Trainings include
the building of skills such as working across cultural divides and supporting productive
dialogue, which help EPA programs better engage with communities.
Help to achieve the goals of President Biden's Justice40 initiative by tracking the number
of ADR Program projects in which services are provided to underserved and overburdened
communities. In FY 2024, the ADR Program expects to increase services to underserved
and overburdened communities.
The following are examples of FY 2022 accomplishments:
Successfully managed a $53 million Conflict Prevention and Resolution Services contract
and administered 330 contract actions valued at slightly over $44 million in the first three
years. Through contract support, the ADR Program provided conflict resolution services
for multiple projects and in dozens of communities to promote greater collaboration and
inclusion of underserved and overburdened communities.
Supported 99 environmental collaboration and conflict resolution cases nationwide,
including multiple Administrator priority projects, such as the WOTUS National
Roundtable Facilitation, Red Hill Facility Closure Facilitation, the USMCA-Tijuana River
Watershed, the Clean School Bus Program, and Underground Injection Control. To support
these projects, the ADR Program provided design and facilitation support to gather public
input on controversial issues, supported community outreach efforts by facilitating
listening sessions, and helped key stakeholders to reach agreement.
-------
Provided facilitation services for four Title VI civil rights cases to support the inclusion of
all parties in the development of Informal Resolution Agreements between EPA and
recipients of Title VI complaints.
Trained more than 400 EPA personnel in conflict resolution skills through 10 courses and
supported additional conflict resolution trainings, led by Regional Environmental
Collaboration and Conflict Resolution Specialists, for 147 EPA staff and managers.
Performance Measures Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$17.0) This net 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. It also includes support
for critical agency wide infrastructure support for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$1,239.0 / +4.1 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 investment includes $798.0
thousand for 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
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SI 0.001
S.U.-I02
S
Total Budget Authority
$10,061
$12,866
$31,462
$18,596
Total Workyears
47.3
66.4
143.6
77.2
Program Project Description:
EPA has long held and elevated three fundamental principles to follow the science, follow the law,
and be transparent. In 2022 EPA also added a fourth foundational principle: advance justice and
equity. By so doing, EPA solidified its recognition that it was time to include this principle to
infuse the consistent and systematic fair, just, and impartial treatment of all individuals into all
EPA policies, practices, and programs. These principles form the basis of the Agency's culture
and guide its operations and decision making - whether with respect to the public and
communities, or EPA's workforce.
EPA's Civil Rights Program mitigates the Agency's liability by enhancing efforts to meet
regulatory responsibilities under Title VI and VII of the Civil Rights Act of 1964, as amended
among other applicable civil rights statutes and regulations, including 40 C.F.R. Parts 5 and 7, 29
C.F.R. § 1614.102(c)174 and U.S. Equal Employment Opportunity Commission (EEOC)
Management Directive 110,175 which require federal agencies to fully fund its civil rights program.
The Civil Rights Program enforces federal civil rights laws that prohibit discrimination against
EPA employees and applicants for employment and by applicants for and recipients of EPA federal
financial assistance. EPA also has committed to strengthening external 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. There are two offices within the Agency's civil rights program, the Office of Civil
Rights (OCR) and Office of External Civil Rights Compliance (OECRC). OCR and OECRC (the
Civil Rights Program) are included in the same historic budget line, though the resource profiles
of these two offices are very different. OCR has responsibility for the internal enforcement of
several civil rights laws related to equal employment opportunity (EEO), and OECRC carries out
the external enforcement of several civil rights laws that prohibit discrimination in programs or
activities that receive federal financial assistance from EPA. Together, both offices comprise
174 For more information, please see: https://www.ecfr.gov/curTent/title-29/subtitle-B/chapter-XIV/part-1614/subpart-A/section-
1.61.4.1.02.
175 For more information, please see: https://www.eeoc.gov/federal-sector/management-directive/management-directive-l 1.0.
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EPA's civil rights program and its foundational commitment to the advancement of justice,
equality, and equity.
EPA's Civil Rights Program provides leadership, direction, and guidance in carrying out the
Agency's civil rights mission to senior leadership, EPA managers, employees, applicants, and
recipients of federal financial assistance in carrying out civil rights responsibilities. The Program
provides counseling and investigates discrimination complaints filed against EPA and EPA federal
financial assistance recipients. The Program identifies triggers and eliminates barriers to EEO and
environmental justice. The Program promotes alternative dispute resolution mechanisms to resolve
discrimination complaints. The Program develops policy to clarify recipients' legal obligations. It
conducts pre-award reviews and affirmative post-award compliance reviews and audits. EPA also
provides technical assistance to recipients and enhances communication and engagement with
environmentally overburdened and disadvantaged communities.
The Program processes accommodation requests due to disability that are made by employees and
applicants. The Program issues final agency decisions in employment discrimination complaints.
FY 2024 Activities and Performance Plan:
Work in this program directly supports Goal 2, including/Objective 2.3, Strengthen Civil Rights
Enforcement in Communities with Environmental Justice Concerns.176
Internal Civil Rights
In FY 2024, EPA must meet statutory and regulatory requirements to address potential barriers to
employment and advancement and deliver training and services to EPA employees. EPA
endeavors to assess organizational EEO efforts through listening sessions and during Technical
Assistant Visits (TAVs) with program and regional offices. EPA typically has more requests for
these interactive TAVs than time and resources to support them all in a year. EPA will continue to
prioritize its interagency agreements to ensure impartial investigations of EEO complaints.
Additionally, EPA will actively support, and as required, lead specific efforts and workgroups to
implement its DEIA Strategic Plan as required by Executive Order 14035.177
Employee Complaints and Resolution (ECR)
In FY 2024, EPA will dedicate a majority of its resources to the processing of discrimination
complaints. It also will market the benefits of the Alternative Dispute Resolution (ADR) Program
to address informal complaints. It also will continue to take proactive steps, including educating
through trainings, listening sessions, and community outreach. EPA is expected to engage in the
following activities:
176 It also provides Cross-Agency Mission and Science Support, and is allocated across strategic goals and objectives in the FY
2022 - 2026 EPA Strategic Plan.
177 For more information, please see: https://www.federa1register.gov/documents/2021/06/30/2021-14127/diversity-equity-
inclusion-and-accessibilitv-iii-the-federal-workforce.
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Track and manage investigations, draft final agency decisions, and track compliance of
EEOC decisions within standard timelines set by the EEOC.
Evaluate the effectiveness of the revised procedures for processing final agency decisions.
Implement strategies for transparently communicating and addressing trends in formal
complaints at program and region offices.
Implement ADR training (for management and staff) 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.
Conduct assistance visits for a total of four EPA regional and program offices.
Recruit and train new collateral duty EEO Counselors, Special Emphasis Program
Managers, and Local Reasonable Accommodation Coordinators.
Implement new EEO Case Management database to effectively track EEO complaints,
ensure timeliness, and the ability to produce annual required reports to the EEOC,
Congress, OPM, and the Department of Justice.
Affirmative Employment, Analysis, and Accountability (AEAA)
In FY 2024, EPA will continue to focus on identifying and eliminating barriers to employment
and advancement at the Agency. EPA dedicates a significant amount of labor to assembling and
analyzing data for the Management Directive 715 Report (MD-715), EPA's annual report to the
Equal Employment Opportunity Commission.
The MD-715 highlights EPA's efforts to establish and maintain a model civil rights program and
drives the State of the EEO briefing to the Administrator each year. This effort will include guiding
every region and program office through the collection of enhanced data and investigating
workforce data triggers. In FY 2024, EPA 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."
Analyze, complete, and/or monitor, as appropriate, two other Barrier Analysis efforts:
"Upward Mobility of Hispanic Employees into the Senior Executive Service (SES)" and
"Upward Mobility of Employees into the Senior Executive Service (SES) based on the
EEO Categories of Race and Sex."
Continue to implement recommendations resulting from the EPA MD-715 priority
regarding the collection of applicant flow data for Career Development Opportunities.178
Evaluate the underrepresentation of EEO groups from MD-715 reports.
Monitor and assist the Administrator's Office and regional and program offices with
implementation of their workforce EEO Actions Plans.
Manage EPA's ten Special Emphasis Programs.179
Collaborate in the planning of EPA's National Commemorative Programs.
Conduct TAVs for a total of four region and program offices.
178 For more information, please see: https://www.epa.gov/sites/default/files/2021-05/documents/md-
715_report fv20 final 28 apr 21. signed.pdf.
179 For more information, please see: https://www.epa.g0v/ocr/affirmative-employment-analysis-and-accou11tability#special.
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Provide effective training and tools for managers to report and carry out their
responsibilities under the MD-715.
National Reasonable Accommodations Program (NRAP)
In FY 2024, EPA will work to enhance the effectiveness of services through training, policy
development, and improving the support functions of the Local Reasonable Accommodation
Coordinators (LORACs). The Agency has a legal obligation to provide an effective
accommodation for employees and applicants with disabilities absent an undue hardship. In FY
2024, EPA expects to engage in the following activities:
Receive, track, advise on response, and monitor the delivery of requested reasonable
accommodations for all national programs and oversee similar actions in every region.
Evaluate the effectiveness of revised procedures for providing Personal Assistant Services.
Support the Agency's efforts to improve accessibility for persons with disabilities.
Evaluate the Reasonable Accommodations Management System (RAMS) and
upgrade/enhance features as necessary.
Conduct recertification training for LORACs.
Conduct TAVs for a total of four EPA regional and program offices.
To be an effective internal civil rights program, it must be trusted by all EPA employees for its
impartiality and transparency.
External Civil Rights
In FY 2024, EPA requests an additional $17.0 million and 76.5 FTE to enforce the Nation's
external civil rights laws through EPA's Headquarters program as well as the regional offices. This
investment will provide essential program support to investigate and resolve critical civil rights
complaints, initiate affirmative compliance reviews, and work toward achieving measurable
environmental, public health, and quality of life improvements in the most overburdened,
vulnerable, and underserved communities.
EPA will continue to elevate environmental justice and external civil rights within the Agency and
integrate environmental justice considerations and full compliance with civil rights obligations
across all of EPA's policies, programs, and activities. EPA also will continue to advance its
commitment to bring justice to frontline communities that experience the worst impacts of
environmental pollution.
Through the continued implementation of Goal 2 of EPA's FY 2022 - 2026 Strategic Plan: "Take
Decisive Action to Advance Environmental Justice and External Civil Rights." EPA will promote
further the integration of environmental justice and external civil rights throughout EPA and carry
out the objectives, sub-objectives, and annual and long-term goals articulated in Strategic Plan
Goal 2. In particular, EPA's request includes critical FTE for external civil rights compliance
activities in the regional offices, including participation in pre-award reviews and post-award
complaint and compliance review investigations and resolutions.
-------
Specifically, with respect to external civil rights, in FY 2024, EPA will:
Continue its shift to proactive activities, by initiating proactive pre-award and post-award
civil rights compliance reviews to address the impacts of potentially discriminatory
activities on overburdened communities.
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.
Continue to develop and implement clear and strong civil rights guidance and
corresponding training and technical assistance to increase recipients' compliance with
civil rights laws.
Conduct timely and effective civil rights complaint investigations and resolutions -
including investigations and informal resolution agreements that effectively address
discriminatory practices.
Continue to implement and refine the Case Resolution Manual that was updated in FY
2023.
Fully implement the EPA Limited English Proficiency policy and procedures and Order,
revised in FY 2023, and develop and finalize an EPA Order to ensure meaningful access
for persons with disabilities to EPA programs services and activities.
Enhance communication and engagement with environmentally overburdened
communities to meaningfully inform EPA's civil rights complaint resolution work and to
empower and increase their participation in critical decision making.
Increase transparency by continuing to affirmatively provide information and case-related
documents to the public through the interactive "Complaint Docket" online.180
Strengthen federal interagency collaboration and coordination on complaints, compliance
reviews, and policy guidance to enforce federal civil rights laws.
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.
I V 20 r
I V 20IS
I V 201<)
I V 2020
I V 2021
I V 2022
I V 2023
FY 2024
Units
Target
10
25
Percent
Actual
Numerator
Permits
Denominator
(PM EJCR06) Percentage of required civil rights procedural safeguard elements implemented by state
permitting agencies that are recipients of EPA financial assistance.
180 For more information, please see: https://www.epa.gov/extemal-civil-rights/extemal-civil-rights-docket-2014-present
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I V 20 r
I V 20IS
I V 201<)
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
20
40
45
Percent
Actual
33
Numerator
138
Elements
Denominator
408
(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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
100
100
Percent
Actual
Numerator
Regions and
Programs
Denominator
(PM EJCR14) Percentage of EPA programs and regions that have implemented program and region-specific
language assistance plans.
I V 20 r
I V 20IS
I V 201')
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
30
35
60
Percent
Actual
0
Numerator
0
Programs and
Regions
Denominator
23
(PM EJCR15) Percentage of EPA programs and regions that have implemented program and region-specific
disability access plans.
FY 20 r
FY 20IS
FY 2010
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
\n Target
1 Xiablish
ed
25
Percent
Actual
Numerator
Programs and
Regions
Denominator
(PM EJCR16) Number of proactive post-award civil rights compliance reviews initiated to address
discrimination issues in environmentally overburdened and underserved communities.
I V 20 r
I V 20IS
I V 201')
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
3
6
12
Compliance
Reviews
Actual
1
1
0
1
(PM EJCR17) Number of audits completed to ensure EPA financial assistance recipients are complying with
federal civil rights laws.
I V 20 r
I V 20IS
I V 201')
I V 2020
I V 2021
FY 2022
FY 2023
FY 2024
Units
Target
25
30
50
Audits
Actual
0
0
-------
(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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
8
90
100
Sessions and
Events
Actual
40
30
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$1,439.0) 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. It also includes support
for critical Agency wide infrastructure support for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$17,025.0 / +76.5 FTE) This program change increases staffing and capacity to enforce
the Nation's external 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; supports activities including investigations into
claims of discrimination by underserved communities and pre-award and post-award
compliance activities. This investment includes $14.4 million for payroll.
(+$132.0 / +0.7 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements. This investment includes
132.0 thousand for payroll.
Statutory Authority:
Equal Pay Act of 1963; Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act
of 1964; Age Discrimination in Employment Act (ADEA) of 1967; Title IX of the Educational
Amendments of 1972; Federal Water Pollution Control Act Amendments of 1972 § 13;
Rehabilitation Act of 1973 §§ 501, 504, 505, 508; Rehabilitation Act of 1973 § 504; Age
Discrimination Act of 1975; Americans with Disabilities Act of 1990; ADA Amendments Act of
2008; and Genetic Information Nondiscrimination Act (GINA) of 2008.
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful Programs A- Munagcmcnl
SI 0.534
S 11.2 V
S -/. ~22
S (>0.425
Total Budget Authority
$10,534
$11,297
$71,722
$60,425
Total Workyears
45.7
55.5
91.0
35.5
Program Project Description:
The Integrated Environmental Strategies (IES) Program advances the Agency's mission of
protecting human health and the environment by focusing on cross-media environmental concerns.
The IES Program provides tools, training, advice, and resources to help EPA work as a more
effective organization. Nationally, IES is focused on: 1) providing for the development of efficient,
accurate, and timely reviews for permitting and approval processes which support automation,
oversight, and integration of environmental justice (EJ) and climate change in environmental
permitting; 2) working with industrial sectors to identify and develop innovative approaches to
better protect the environment and public health; 3) collaborating with partners, including federal,
state, municipalities, communities, businesses, and other stakeholders, to implement locally-led,
community-driven approaches to environmental protection through technical assistance, policy
analysis, and training; and 4) partnering with states, territories, tribes, local governments,
businesses, other federal agencies, and others to increase the resilience of the Nation to the impacts
of climate change, with a particular focus on advancing climate justice.
FY 2024 Activities and Performance Plan:
Work in this program directly supports Goal 1/Objective 1.2, Accelerate Resilience and
Adaptation to Climate Change Impacts in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, EPA requests an investment of $60.4 million and 35.5 FTE for the IES Program.
Within this amount, $14.5 million and 9.0 FTE are needed support the coordination, streamlining,
oversight, automation, and integration of EJ and climate change into environmental permitting.
These resources also will be used to support core program capacity and to build the program by
addressing the Administration's priorities and adhering to the goals in the FY 2022 - 2026 EPA
Strategic Plan. The Program will continue to focus on four major areas, each presenting unique
opportunities to improve delivery of environmental protection across multiple media and
stakeholders. These four areas include permitting strategies, sector strategies, community-driven
environmental protection, and climate adaptation and resilience.
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Permitting Strategies
EPA implements its statutory authority through various permitting programs. The Agency
continues to focus efforts across EPA program and regional offices and with state and tribal co-
regulators to support coordination, efficiencies, oversight, automation, and integration of EJ and
climate change for environmental permitting. The Office of Federal Activities (OF A) coordinates
across 13 other federal agencies, the Federal Permitting Improvement Steering Council, the
Council on Environmental Quality, and the Office of Management and Budget to coordinate on
permitting and meet EPA's Permitting Action Implementation Plan goals. EPA uses its EPA
Permitting Action Implementation Plan to help address the expansion of permitting for major
infrastructure projects, expanded FAST-41 covered sectors, and to address seven critical elements
of the Plan:
Accelerating smart permitting through early cross-agency coordination.
Establishing clear timeline goals and tracking key project information.
Engaging in early and meaningful outreach and communication with States, Tribes,
Territories, and local communities.
Improving agency responsiveness, technical assistance, and support.
Using agency resources and the environmental review process to improve environmental
and community outcomes.
Ensuring staffing levels are adequate to address anticipated environmental review and
permitting-related workloads.
Addressing, elevating, and resolving schedule delays, disputes and other issues impacting
the environmental and permitting process in a timely manner.
Additionally, OFA addresses cross-cutting permitting and major infrastructure topics that are
identified as critical for infrastructure development. These topics, often new or cutting-edge
national priorities (e.g., critical minerals production, quantum processing/manufacture, etc.),
require integration of permitting policy, implementation, and evaluation.
EPA is working to transition the Agency's major permitting programs from paper submissions to
electronic processes through the automation of permit application review and issuance. The
benefits of permit automation will reduce the processing time on issuing permits, decrease the time
between receiving monitoring data and engaging in enforcement actions, and increase
transparency by allowing communities to search, track, and access permit actions easily. Permit
automation improves the integration of climate change and EJ considerations into permit processes
and ensures that climate change and EJ are evaluated and addressed appropriately within the terms
and conditions of the permit. For the regulated community, permit automation provides a
simplified, streamlined, and transparent permitting process, resulting in both time and cost savings.
EPA's renewed focus on effective integration of EJ and climate change considerations within the
Agency's various decentralized permitting programs, continues to play a leading role in
coordinated efforts aligned with the Administration's priorities including:
1. Coordinating permit support for major infrastructure projects, including carbon
capture/use/sequestration and renewable energy projects requiring a permit.
2. Supporting integration of EJ and climate change analysis into permit development.
-------
3. Supporting EPA and FAST-41 oversight, permit quality, permit timelines, and permit program
integrity.
4. 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. Expansion of a successfully piloted e-permitting application tool to other permitting program
areas.
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 regional offices. The Program
will continue as a liaison to connect, convene, and facilitate discussions among agency experts and
business leaders to address discrete issues unique to each sector and help sectors drive
improvements that serve the Agency's greater mission of protecting human health and the
environment.
In FY 2024, 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
fostering environmentally sustainable infrastructure development. In addition to industry, the
Program will work with 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 leading to improved environmental and public health protection.
In FY 2024, the Program will continue to deliver direct technical assistance to communities. In FY
2022, the Program developed 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 to improve environmental and
human health outcomes. For example, in FY 2023 the Program collaborated with the US Forest
Service, Northern Border Regional Commission and Appalachian Regional Commission to
develop and deploy a Recreation Economy for Rural Communities toolkit in 25 communities. This
collaboration supports community driven development approaches that protect and conserve
natural lands, support reinvestment in existing neighborhoods, and protect air and water quality.
-------
The Recreation Economy for Rural Communities tool is one of many developed by the Program.
In FY 2024, EPA will continue to deploy tools and expertise, through technical assistance delivery.
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 2024, the Program will continue to support 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, and increasing climate resilience. 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 2024, 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, spending 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 2024, the Program will partner with EPA
program and regional offices to support their delivery of resources and assistance to communities
in ways that align with the principles of community driven solutions.
In FY 2024, 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 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
redevelopment in economically distressed communities to create economic opportunities while
reducing GHG emissions and protecting the environment.
Climate Adaptation Program
The impacts of climate change affect people in every region of the country, threatening lives and
livelihoods and damaging infrastructure, ecosystems, and social systems in communities across
the Nation. Climate change also challenges EPA's ability to accomplish its mission to protect
human health and the environment. The Climate Adaptation Program is taking the actions
necessary to ensure that EPA continues to fulfill its mission even as the climate changes and is
working with other federal agencies to increase the resilience of the Nation.
The Program recognizes that certain parts of the population, such as communities of color, low-
income communities, children, the elderly, tribes and indigenous people, and small rural
communities, are often especially vulnerable to the impacts of climate change. To that end, the
Program will particularly focus on engaging the most overburdened and vulnerable groups of
people and communities to improve their capacity to anticipate, prepare for, and adapt to or recover
from climate change impacts.
-------
The Climate Adaptation Program's overarching goals and expected accomplishments are 1)
ensuring EPA continues to fulfill its mission of protecting human health and the environment even
as the climate changes and disruptive impacts increase, 2) meeting (or exceeding) the Long-Term
Performance Goals in Objective 1.2 of the FY 2022-2026 EPA Strategic Plan, and 3) ultimately
empowering all 40,000 communities across the Nation and all 574 tribes to adapt to the risks of
climate change, with a particular focus on advancing climate justice.
In FY 2024, EPA requests approximately $45.3 million and 26.5 FTE for its work in the Climate
Adaptation program. With this investment EPA will provide targeted assistance to states, tribes
and indigenous peoples, territories, local governments, communities, and businesses to bolster
these groups' climate resilience efforts. The Agency will focus resources on communities with
environmental justice concerns to develop new strategies that strengthen their adaptive capacity
and increase climate resilience across the Nation. EPA also will produce and deliver training, tools,
technical assistance, financial incentives, and information the agency's partners indicate they need
to adapt and to increase resilience to climate change.
In FY 2024, EPA will continue to implement its 2021 Climate Adaptation Action Plan and the 20
Climate Adaptation Implementation Plans developed by the Program and Regional Offices.181
EPA will leverage the additional resources and FTE provided in FY 2024 to implement selected
additional priority actions identified in the Implementation Plans. These additional actions will
enhance the adaptive capacity and resilience of states, tribes, territories, local governments, and
communities by providing technical assistance through the Program and Regional offices. These
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 justiceall of which will be central to building a more resilient future. These
actions will integrate climate adaptation planning into Agency programs, policies, rulemaking
processes, enforcement and compliance assurance activities, financial mechanisms, and operations
to ensure they are effective even as the climate changes.
EPA also will continue to monitor progress toward established targets for each of the Long -Term
Performance Measures in Objective 1.2 ("Accelerate Resilience and Adaptation to Climate
Change Impacts") of the FY 2022-2026 EPA Strategic Plan. The baseline and additional priority
actions identified in the 20 Climate Adaptation Implementation Plans support EPA's efforts to
continue to fulfill its mission of protecting human health and the environment even as the climate
changes and disruptive impacts increase. The additional resources also will be used to advance
climate justice through the provision of grants and technical assistance and protect communities
that are disproportionately affected by climate change.
In FY 2024, the Program will continue to modernize EPA financial assistance programs to
encourage climate-resilient investments across the Nation. Particular attention will be given to
ensuring that the outcomes of investments made with funds from the Infrastructure Investment and
Job Act (IIJA) and the Inflation Reduction Act (IRA) will be resilient to the impacts of climate
change, as well as support climate mitigation goals. The Program also will establish a National
Adaptation Grants and Technical Assistance Program to provide financial incentives beyond the
181 For additional information, please see: https://www.epa.gov/climate-adaptation/climate-adaptation-plans.
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IIJA to support climate-resilient investments and encourage adaptation planning and
implementation by states, tribes, territories, and local communities.
Performance Measure Targets:
(PM AD07) Number of priority actions completed in EPA's Climate Adaptation Action Plan and Program
and Regional Implementation Plans.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
100
100
100
Priority
Actions
Actual
155
(PM AD08) Number of EPA national program offices that have developed adaptation training for programs
and staff.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
4
10
12
Program
Offices
Actual
4
(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.
I V 20I"7
I V 2018
I V 2019
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
100
150
200
Tribes
Actual
Data Avail
3/2023
(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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
250
300
350
Partners
Actual
Data Avail
3/2023
(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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
3
6
6
Versions
Actual
1
(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.
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I V 20 r
I V 20IS
I V 201<)
I V 2020
I V 2021
FY 2022
FY 2023
FY 2024
Units
Target
Target
Established
No Target
Established
No Target
Established
Hours
Actual
9,763
(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 20 r
FY 20IS
FY 2010
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
No Target
Established
TBD
Percent
Actual
(PM PAT) Percentage of EPA permitting processes automated.
FY 20 r
FY 20IS
FY 201')
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
10
30
Percent
Actual
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$665.0) 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.
(+$45,267.0 / +26.5 FTE) This change is an increase provided for EPA's Climate
Adaptation Program to support increased resilience of EPA's programs and strengthen the
adaptive capacity of states, tribes, territories, local governments, communities, and
businesses. This investment includes $4.98 million in payroll.
(+$11,493.0 / +3.0 FTE) This program change is an increase to support core program
capacity and build the program by addressing the Administration's priorities and adhering
to the goals in the FY 2022 - 2026 EPA Strategic Plan. This investment includes $1.7
million in payroll.
(+$3,000.0 / +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.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
Sf>.\ '95
son.noi
.S S.\25:
S 2S.IVI
Hazardous Substance SupeiTund
r?
$599
$477
-$122
Total Budget Authority
$64,270
$60,660
$85,729
$25,069
Total Workyears
262.6
273.3
343.5
70.2
Total Workyears in FY 2024 include 8.3 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 possess essential expertise in 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 nearly 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 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 provides support and legal
counsel in adhering to court orders and mandates. The Program also supports EPA's National
Freedom of Information Act (FOIA) Office and the Ethics Office as part of the legal services
activity within the Agency's Working Capital Fund.
FY 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, the Agency requests an investment of $25.2 million and 70.2 FTE to defend and assist
EPA's environmental programs in their increased efforts to tackle the climate crisis; advance
environmental justice; support the Office of Air and Radiation's priority rulemakings for climate
and clean air; and to support the Office of Chemical Safety and Pollution Prevention's pesticide
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program among its many other initiatives and responsibilities. This builds upon investments from
FY 2023. The Program has seen a significant increase in work to respond to coal combustion
residuals (CCR) actions, and rulemakings and emerging issues like per- and polyfluoroalkyl
substances (PFAS); support Toxic Substances and Control Act (TSCA) implementation; and
support the Administration's Memorandum of Understanding (MOU) on tribal engagement and
tribal treaty rights. Additional resources will provide continued support to the Office of Chemical
Safety and Pollution Prevention's (OCSPP) expansion to the expedited settlement agreements
(ESA) investment that was made in the FY 2023 budget. During the past several years EPA's
Office of General Counsel's (OGC) workload has significantly outpaced staffing resources, even
as the Program has added work on vital new Administration priorities including regulatory
changes, climate change, and environmental justice. OGC will also provide legal support to the
newly established Office of Environmental Justice and External Civil Rights (OEJECR) necessary
in order to fully implement the essential environmental justice deliverables so that EPA can
maintain its promise to protect human health and the environment for all persons in the U.S.
Lastly, the Program will continue to provide legal representation in judicial and administrative
litigation and provide counseling outside of the litigation context in the highest priority issues
arising under all the environmental statutes administered by EPA.
In FY 2024, 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, and Liability Act (CERCLA), Resource Conservation
and Recovery Act (RCRA), Clean Air Act (CAA), Clean Water Act (CWA), TSCA, 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. OGC will use
additional resources to strengthen staffing and attorney training for those who provide legal advice
and counsel in support of CERCLA, RCRA, CAA, CWA, and other regulations to assist EPA in
its ability to broaden and accelerate cleanup and management of PFAS contamination to protect
human health and ecological systems.
EPA also will continue to strengthen its FOIA implementation 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. Timely disclosure helps achieve the core purpose of the FOIA to ensure an informed
citizenry. Additional resources will also support EPA's continuing effort to reduce the FOIA
backlog, and to support increased work associated with the procurement of a new FOIA case
management and recordkeeping software solution to replace FOIAonline, which will be terminated
in FY 2023.182 This additional work will include the configuration and deployment of the new
tool, as well as training of EPA staff and the public on how to use it.
The Program includes oversight and implementation of the Agency's Ethics responsibilities to
bolster all of the principles articulated in the FY 2022 - 2026 EPA Strategic Plan. Public trust in
the integrity of EPA's scientific and legal efforts necessarily depends upon all EPA employees
faithfully carrying out their official duties ethically and impartially.
182 EPA's Chief Information Officer determined EPA must replace the current FOIA Online system due to unresolvable technical
issues that would cost more to troubleshoot, than to replace the entire system.
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Legal counseling resources continue to be in high demand, which requires OGC to maintain full
staffing and proficiently trained attorneys 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 2022 accomplishments and work being completed to
illustrate this program's role in implementing the Agency's core mission:
EPA's Water Law Office (WLO) provided critical legal support for development of the
Agency's latest rulemaking defining "waters of the United States," a key CWA term that
defines the limits of federal jurisdiction over discharges into, or filling of, surface waters
throughout the United States. WLO expects to continue its work on legal issues associated
with this agency priority in FY 2024, including supporting the Solicitor General's Office
in addressing the Sackett v. EPA petition in the Supreme Court (argued in October 2022)
and responding to a decision in this case (expected in early 2023), as well as defending the
new rule, finalized on December 30, 2022. Additionally, WLO also has provided critical
legal support for the decision to reconsider and revise the Agency's 2020 rule
implementing CWA section 401 to facilitate states' and tribes' ability to protect the quality
of their waters. These actions will protect the quality of rivers, lakes, and other waters
throughout the nation so they can be safely used by the public for drinking water, fishing,
swimming, and other recreation as well as support healthy and abundant fish and other
wildlife.
EPA's Pesticides and Toxic Substances Law Office (PTSLO) continues to provide critical
legal advice in support of EPA's continuing 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 EPA's 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 over 2,000 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) played a key role in implementing the
American Innovation and Manufacturing (AIM) Act. ARLO attorneys are playing a critical
role in helping EPA propose and finalize regulations and decisions implementing the AIM
Act, which Congress passed in December of 2020. Among other things, 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 methane emissions from
the oil and natural gas industry under CAA section 111, as well as defending EPA's
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authority to effectively regulate greenhouse gas emissions from the power sector under that
section. 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 DOJ to defend the
recent light duty vehicle and aircraft greenhouse gas actions. These actions, particularly
the rulemakings, will significantly advance the Administration's goal of addressing the
devastating effects of climate change.
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 also served
as agency lead in successfully defending D C. Circuit litigation challenging EPA's
approval of the Oklahoma CCR Program {Water keeper Alliance, Inc., etal. vs. Regan (No.
20-5174, D.C. Cir., July 26, 2022)). SWERLO continues to take a significant role in
addressing CCR issues, including proposing the first batch of Part A decisions and
responding to comments on those actions, which address extensions of the date unlined
CCR units must cease receipt of waste. Additionally, SWERLO counseled on multiple
issues related to the top Administration priority of addressing PFAS contamination,
including the use of RCRA authority to compel investigation of PFAS and a novel petition
from a state governor to list PFAS as RCRA hazardous wastes.
EPA's Cross-Cutting Issues Law Office (CCILO), in collaboration with OGC's ARLO,
WLO, PTSLO, and SWERLO law offices, continues to provide critical legal advice in
support of EPA rulemaking efforts to protect human health and the environment pursuant
to its statutory authorities such as the CAA, CWA, TSCA, CERCLA, and RCRA.
Specifically, CCILO provided specialized legal and tactical expertise in legal counseling
on a range of administrative law matters including counseling on the update and legal
defense of the social cost of greenhouse gas emissions, as well as the implementation of
several new Executive Orders and strengthening transparency in agency science. CCILO
also provides critical legal advice on EPA's obligations to ensure meaningful public
engagement in its regulatory actions, as well as with other obligations that benefit the
public by fostering open and transparent operations under the Federal Advisory Committee
Act, the Paperwork Reduction Act, and the Information Quality Act. CCILO also provided
critical legal support to advance the Administration's environmental justice goals by
updating EPA Legal Tools to Advance Environmental Justice (EJ Legal Tools) to
incorporate new and revised environmental and civil rights statutes to advance
environmental justice, provided training to Headquarters, Regional Offices, and
stakeholders on EJ Legal Tools. This work supports EPA and the Administration's priority
to address environmental harms and protect public health in communities with
environmental justice concerns and other vulnerable and underserved populations. Finally,
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CCILO continued 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 Safe, Accountable, Flexible, Efficient, Transportation, Equity Act
(SAFETEA) decision, and playing a pivotal counseling role in the crafting of EPA's draft
Tribal Reserved Rights Rule under the CWA.
EPA's National Freedom of Information Office (NFO) provided legal advice and support
to the agencywide FOIA Program. NFO completed the initial review and assignment of
6,698 FOIA requests; processed 234 applications for expedited response; processed 797
applications for fee waivers; and processed and closed more than 1,760 FOIA requests.
The NFO also began a major procurement initiative to replace FOIAonline, provided
project management support to several EPA program offices to reduce their FOIA response
backlogs, and led the Agency in reducing its backlog of overdue FOIA responses by over
10 percent in FY 2022
EPA's Ethics Office managed the overall agency ethics program to ensure that employees
carry out their duties ethically. In FY 2022, over 7,800 confidential financial disclosure
reports were submitted to the more than 100 deputy ethics officials throughout the Agency.
Of those, 97 percent were certified timely. The Ethics Office is solely responsible for
assigning, reviewing, and certifying public financial disclosure reports and periodic
transaction reports. The Ethics Office received more than 640 reports in FY 2022, and
nearly 90 percent of those were reviewed and certified timely.
The executive branch ethics program is more than a disclosure-based program. Public trust
in EPA and its actions is supported when EPA employees make impartial decisions based
on the interests of the public and when they consistently serve as good stewards over public
resources and adhere loyally to the Constitution and federal laws and regulations. The
Ethics Office actively provides robust ethics training to EPA employees. In FY 2022, the
Office introduced the "Ethics Minute" to begin the Administrator's weekly senior staff
meeting and provided one-on-one initial ethics training to every incoming political and
Administratively Determined appointee. It also provided tailored training on recusals and
vetting invitations to incoming Regional Administrators. In FY 2022, it delivered high-
quality annual training on gifts that also met the regulatory training requirements; more
than 9,000 employees attended this training.
The Resource Management Office (RMO), located in OGC, manages OGC's budget,
human resources, information technology, and administrative key functions {i.e.,
acquisition resources, strategic planning, Diversity Equity Inclusion and Accessibility
(DEIA), and LEAN process improvement efforts for the office). In FY 2022, RMO
oversaw the implementation of OGC's DEIA efforts in support of the President's FY 2021
DEIA Executive Order (EO): 13985183 and EO 14035184 RMO coordinated and led the
swift response to write and implement the OGC Anti-Racism and Workplace Equity Plan,
183 For more information, please see: https://www.federatregister.gov/documents/2021/01/25/2021-01753/advanciiig-racial-
equity-and-support-for-underserved-communities-through-the-federal-govemment.
184 For more information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/25/executive-
order-on-diversity-equity-inclusion-and-accessibility-in-the-federal-workforce/.
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including implementing the first Equity Assessment for OGC, and within EPA. This work
entailed facilitating the completion of OGC's Equity Assessment contract, which allowed
OGC to conduct a survey, create focus groups, and interview OGC employees to collect
and analyze their experiences, opinions, and feedback on the state of workplace fairness
and equality and capture ideas on how to improve identified areas. RMO also managed the
Anti-Racism and Workplace Equity Plan by coordinating the efforts of six sub-groups
working on action plans to address issues from recruitment and outreach to training and
career development.
Performance Measure Targets:
(PM F02) Number of FOIA responses in backlog.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
845
712
474
Responses
Actual
2,761
2,128
1,395
1,056
950
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$6,091.0) 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. It also includes support
for critical agency wide infrastructure for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$11,500.0 / +41.7 FTE) This program change addresses a need for increased defensive
litigation work in multiple environmental statutes, including legal work in pesticides and
rulemakings for climate and clean air toxics. These additional resources also will assist
EPA in tackling the climate crisis and securing environmental justice. This investment
provides additional funding for essential core workforce support costs and includes $10.0
million in payroll.
(+$7,600.0 / +28.5 FTE) This program change strengthens staffing and attorney training
for those who provide legal advice and counsel in support of CERCLA, RCRA, CAA,
CWA, and other regulations to assist EPA in its ability to broaden and accelerate cleanup
and management of PFAS contamination to protect human health and ecological systems.
This program change includes $6.7 million 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).
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S IX.2-16
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S20J22
SlJfo
Total Budget Authority
SI 8,246
S18,957
H2UJ22
SI,365
Total Workyears
74.5
83.7
93.7
10.0
Total Workyears in FY 2024 include 6.1 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 Law, 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 communities with civil rights concerns - 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 of grant
disbursement, how to respond to a FOIA request, whether it may spend money on a certain activity,
or what to do if a tort claim is filed with the Agency, this program provides answers, options, and
legal advice. Additionally, the Program provides comprehensive counseling on civil rights issues
including equal protection. The Program provides counsel and advice for settlement of Equal
Employment Opportunity (EEO) 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 2024 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 2024, the Agency requests an investment of $1.4 million and 10 FTE to strengthen EPA's
Legal Advice: Support Program. In FY 2024, EPA will continue to address and manage the growing
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 additional resources in this program are critical to ensure that the Agency continues to make
legally sound decisions that advance EPA's mission and serve the American public. During the
past several years, the Legal Advice: Support Program workload has outpaced staffing resources.
Additional resources are required to maintain adequate staffing to provide counseling and defend
lawsuits on matters including FOIA, torts and contracts, employment law, intellectual property
law, and national security law matters. This is vital to ensure compliance with EPA's legal
obligations while protecting EPA resources for the Agency to continue its essential work. In
addition, the Program will counsel the Agency in carrying out plans to implement congressionally
directed spending by certain offices. EPA's FOIA counseling and litigation work are essential parts
of ensuring transparency and accountability at the Agency. EPA's employment law portfolio is
critical to ensuring fair and impartial hiring and retention of a qualified workforce. EPA's Federal
Tort Claims Act portfolio also has increased with incredibly complex, billion-dollar cases such as
(1) the Flint, Michigan drinking water lawsuits, including In re FTC A Flint Water Cases, seeking
redress for drinking water contamination injuries and (2) In re: Gold King Mine Release, stemming
from a release of mine waste into the Animas River, both of which have required very significant
resources for discovery and/or settlement preparation.
Further, EPA's 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: Advancing
Racial Equity and Support for Underserved Communities Through the Federal Government1*5. To
this end, EPA made environmental justice (EJ) and civil rights compliance the focus of one of its
strategic goals in its FY 2022 - 2026EPA Strategic Plan186 to "Take Decisive Action to Advance
Environmental Justice and Civil Rights." The 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. Achieving this goal in FY 2024 will require
additional legal resources and FTE to provide the expanded legal counseling necessary to support
increased efforts by the new Office of Environmental Justice and External Civil Rights (OEJECR)
National Program Manager (NPM) to improve oversight and enforcement of civil rights and
prioritize and advance EJ concerns.
The following are examples of FY 2022 accomplishments:
Prior to the official creation of OEJECR (September 2022), which now includes the
External Civil Rights Compliance Office (ECRCO), the Program provided critical legal
advice to ECRCO as it pivoted from being a primarily reactive civil rights program to a
proactive program. This included providing advice on the ongoing affirmative compliance
review of a state environmental agency and on the general compliance review process and
the criteria ECRCO will apply to prioritize and select affirmative compliance reviews on
an annual basis memorialized in the January 6, 2022 memorandum "External Civil Rights
Compliance Office (ECRCO) Process and Criteria for Prioritizing and Selecting
Affirmative Compliance Reviews." Affirmative compliance reviews are conducted
subsequent to the award of Federal financial assistance to determine whether a recipient
complies with federal civil rights laws and EPA's implementing regulation. In addition,
185 For additional information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-
order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-govemment/.
186 For additional information, please see: https://www.epa.gov/planandbudget/strategicplan.
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the Program provided legal advice to ECRCO on its development of guidance for recipients
on the procedural safeguards required by EPA's regulation, to be issued in the near future,
as well as providing legal advice on a wide range of complaint investigations of important
civil rights issues in environmentally burdened communities.
Provided ongoing agencywide legal support to address questions that were key to allowing
the Agency to return to the workplace. This included the use of appropriated funds for
travel issues, as well as for various items addressing workplace safety. The Program also
provided critical employment and privacy law advice and assistance in navigating a series
of COVID-19 related issues. The Program continued to provide support to the agency
leadership and program offices on COVID-19 related matters that required procurement
analysis. Legal counsel ranged from related to the applicability of return-to-work policies
to contractor employees.
Developed legal guidance regarding how to advance executive orders related to equity and
EJ in a legally sustainable way. This diverse and varied work will continue into FY 2024.
This work allows the Agency to take action to advance equity, diversity, inclusion and EJ
consistent with equal protection principles, which ensures that all individuals have an equal
opportunity to benefit from the Agency's employment programs, as well as its programs
to protect human health and the environment.
Provided and continue to provide significant legal support in the Flint, Michigan defensive
litigation arising under the Federal Tort Claims Act, in connection with drinking water
contaminants. Discovery in the cases has demanded substantial time and effort from a
large team of attorneys in order to ensure that EPA is accurate and timely in responding to
court deadlines and is regularly coordinating with the Department of Justice as the trials
progress.
Provided essential counseling on: employment and labor law matters, including EEO
mediations; a range of sensitive and complex national security law matters; and key
confidential business information issues.
Initiated a comprehensive overhaul of agency eDiscovery practice, including updated legal
guidance for agency personnel and development of robust cross-agency eDiscovery legal
practitioner and paralegal support to enhance consistency of practice. Provided critical
legal counsel on EPA's information preservation obligations relating to the use of
enterprise-wide software integral to EPA's hybrid workplace and to the transition of
approximately 2,700 agency mobile devices to new management software, ensuring that
this information is maintained for the American public.
Significantly furthered EPA's duties under the Toxic Substances Control Act (TSCA) by
completing over 4,000 Confidential Business Information (CBI) determinations on
confidentiality claims. The timely adjudication of CBI determinations is critical to
transparency and public access to information.
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Defended the Agency in more than 45 FOIA cases and more than 100 employment law
matters. Completed 130 FOIA administrative appeals, eliminating the Agency's appeals
backlog by responding to every appeal within the statutory timeframe.
Trained more than 500 employees and senior officials on CBI, FOIA, and eDiscovery;
trained 250 management officials throughout the Agency on employment laws; and helped
train 128 EPA scientists and laboratory staff on intellectual property (IP). EPA's highly
successful information law training program significantly improves awareness of the
Agency's legal responsibilities and ultimately promotes improved transparency and
responsiveness to public information requests. EPA's employment law training helps
ensure a healthy workplace based on merit promotion and fairness. Finally, EPA's IP
training is key to helping EPA scientists and laboratory staff understand the IP process to
promote innovation and technology transfer.
Performance Measure Targets:
Work under this program supports performance results in the Legal Advice: Environmental
Program under the EPM appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$213.0) 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.
(+$1,578.0 / +10.0 FTE) 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, building capacity, improving oversight, and enforcement of civil rights issues
including External Civil Rights and equal protection compliance and for prioritizing and
advancing EJ concerns. This investment includes $1.5 million in payroll.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute).
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S Ht.~25
SI'.-I"
S Ifi.v.w
-.s.v/5
Total Budget Authority
$16,725
$17,475
$16,930
-$545
Total Workyears
68.9
73.7
76.0
2.3
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 Crisis.187 The Program helps to implement the President's Memorandum on
Modernizing Regulatory Review1** and EO 13985 Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government189 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,190 the Regulatory
Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act),191 and
EOs 12866, Regulatory Planning and Review192 and 13563, Improving Regulation and Regulatory
187 For more information on EO 13990, 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/.
188 For more information on the Memorandum Modernizing Regulatory Review, please see:
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/modemizing-regulatory-review/.
189 For more information on EO 13985, please to see: https://www.federalregister.gov/documents/2021/01/25/2Q21-
01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-govemment.
190 For more information on the Congressional Review Act, please see Subtitle E: https://www.govinfo.gov/content/pkg/PLAW-
1.04pubt1.21/pdf/PLA W - KMpubt 1.21. .pdf.
191 For more information on the Regulatory Flexibility act, please see: https://www.govinfo.gov/content/pkg/STATUTE-
94/pdf/STATUTE-94-Pgl 1.64 .pdf. and as amended by the Small Business Regulatory Enforcement and Fairness Act, please see:
https: //www, go vinfo. gov/content/pkg/PL A W -1.04publ 1.21. /pdf/PL A W -1.04publ 1.21. .pdf.
192 For more information on EO 12866 Regulatory Planning and Review, please see https://www.archives.gov/files/federal-
register/executive-orders/pdf/12866.pdf.
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Review193 regarding the Office of Management and Budget (OMB) regulatory review. The
Program manages the development and deployment of EPA's economy-wide model for analyzing
the economic impacts of environmental regulations. The Program also includes the Agency's Chief
Statistical Official charged with implementing major elements of the Foundations for Evidence
Based Policy Act.194
FY 2024 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 2024, 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 2024 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.
193 For more information on EO 13563 Improving Regulation and Regulatory Review, please see:
https://obaiiiawhitehouse.archives.gov/the-press-ofFLce/2011/01/18/executive-order-13563-improviiig-regulation-and-regulatory-
review.
194 For more information, please see: https://www.congress. gov/1.1.5/plaws/publ435/PLAW-1.1.5publ435 .pdf.
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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
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 Technical Guidance for Assessing Environmental Justice in
Regulatory Analysis, including training on new additions that address how the EJ analysis
can be used to inform policy options and newer techniques for conducting EJ analyses.
Provide updates to EPA's Guidelines for Preparing Economic Analyses, revised to
incorporate updated analytic requirements and practices developed under the President's
Memorandum on Modernizing Regulatory Review195 and the recommendations from the
Science Advisory Board's peer review. The guidelines 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.
Continue to 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.196 EPA will continue to update the model consistent with
recommendations from EPA's Science Advisory Board, deploy the model in regulatory
analyses where appropriate, and advance the development of open-source data resources
to support transparent analyses. This modeling capacity provides critical evidence-based
analyses to inform decision making.
Continue to manage EPA's response to recently issued EOs, particularly with an eye
toward identifying regulatory actions that advance human health and environmental
protection for all people.
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.197
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
195 For more information, please see: https://www.whitehouse.gov/briefiiig-rooiii/presidential-actions/2021/01/20/modemiziiig-
regulatory-review/.
196 For more information, please see: https://www.epa.gov/environmental-economics/cge-modeling-regulatory-analysis.
197 For more information, please see: https://www.epa.gov/environmental-economics/guidelines-preparing-economic-analyses.
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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.
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.198
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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$2,657.0) This change to fixed and other costs is a decrease 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.
(+$1,442.0 / +1.0 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 advancements in the ability to model the economic impacts
198 For more information on the Congressional Review Act, please see: https://www.govinfo.gov/content/pkg/PLAW-
104publl21/pdf/PLA W - KMpufat 1.21. .pdf.
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of climate change for assessing the mitigation benefits and macroeconomic effects. This
investment includes $190.0 thousand in payroll.
(+$670.0 / +1.3 FTE) This program change is an increase to support cross-agency
coordination, analysis, and review of regulatory activity across statutory programs,
particular emphasis is to be placed on pending climate regulations. This investment
includes $246.0 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
SS.H54
S -UK
S 4.124
-SSI
Total Budget Authority
HS5 I
HI 55
H124
-S31
Total Workyears
17.6
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, tribes, independent research institutions, non-
governmental organizations, 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.199
In FY 2022 and thus far in FY 2023, the SAB has finalized four scientific peer review, two
consultations, and submitted seven reports on the science supporting decisions framework, while
CASAC has produced three scientific peer reviews and one consultation. SABSO expects these
totals to increase in FY 2023 as both Committees have several current activities on-going that we
anticipate completing this fiscal year. In January 2023, both the SAB and CASAC published
Federal Register Notices soliciting new nominations for membership and to serve as expert
advisors to EPA. SABSO will follow a thorough and transparent public process and recommend
experts with the disciplines to align with the Agency's strategic priorities to the Administrator for
his consideration and selection.
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).
199 For more information, please see: littp://www.epa.gov/sab/ and http://www.epa.gov/casac/.
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FY 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
Using the best available science and a credible, defensible, and transparent scientific approach,
SABSO 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 2024, SABSO anticipates SAB and CAS AC will complete 16-18 peer reviews, consultations,
and regulatory reviews in accordance with the Biden Administration's science and policy agenda.
In FY 2024, the CASAC is expecting completing reviews of NAAQS for several critical pollutants,
including Nitrogen Oxides (NOx), Sulfur Oxides (SOx), and lead. The SAB will conduct peer
reviews on Integrated Risk Information System (IRIS) Chemical reviews, risk assessment models,
climate science reports, economic analyses, Environmental Justice (EJ) reports, and other similar
projects. In addition, SABSO also expects to conduct four to seven regulatory reviews.
The SAB will directly support EPA Administrator Michael Regan's message "Our Commitment
to Environmental Justice" issued on April 7, 2021,200 in addition to supporting implementation of
Executive Order (EO) 13985: Advancing Racial Equity and Supportfor Underserved Communities
Through the Federal Government. 201 EO 14008: Tackling the Climate Crisis at Home and
Abroad;202 and Strategic Goal 4, Ensure Clean and Healthy Air for all Communities. In FY 2024,
the EJ Science Committee and Climate Science Committee (both standing committees of the SAB)
expect to complete three climate and EJ risk analyses.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$31.0) This net 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. The reduction is offset
by a program increase for conducting peer reviews to support priority rulemakings and
analyses, including PFAS and several critical pollutants.
Statutory Authority:
Environmental Research, Development, and Demonstration Authorization Act (ERDDAA);
Federal Advisory Committee Act (FACA); and Clean Air Act (CAA).
200 For more information, please see: https://www.epa.gov/newsreleases/epa-admiiiistrator-regan-amiounces-new-iiiitiatives-
support-environmental-justice-and.
201 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/.
202 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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Operations and Administration
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Acquisition Management
Program Area: Operations and Administration
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S.10.051
S J-.25I
S -II.MIV
S-/J5X
Leaking Underground Storage Tanks
Mrs
$181
$136
-$45
Hazardous Substance Superfund
$23,550
$27,247
$33,758
$6,511
Total Budget Authority
$59,759
$64,679
$75,503
$10,824
Total Workyears
281.7
307.7
355.7
48.0
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 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, the Agency will continue 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. Efforts to process and
award contract actions in a timely manner will be in accordance with Federal Acquisition
Regulation (FAR) and guidance from the Office of Management and Budget (OMB) Office of
Federal Procurement Policy (OFPP).
In FY 2024, 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,203 while furthering Category Management implementation requirements. The
Agency will develop a Made in America Acquisition training curriculum to help educate the
acquisition workforce on navigating the process. EPA also will focus on establishing a
203 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/.
-------
comprehensive architecture for the Agency's supply chain as well as mechanisms to identify and
mitigate risk.
In FY 2024, EPA will continue to identify activities and resources to enhance and modernize its
acquisition process, allowing the Agency to connect with a more diverse business base to address
inequities in the acquisition process and build domestic markets and capabilities. EPA will
leverage its three-year Acquisition Forecast database and existing spend data to engage in early
market research to ensure enough time is available to thoroughly analyze the market for domestic
vendors or seek a waiver if none exist. The Agency will overhaul the Advance Procurement
Planning component of the Agency's requisition dashboard to easily gather data regarding the
planning phase of the procurement process. Furthermore, EPA will expand the Acquisition Portal
to include an up-to-date Made In America toolkit, a Contingency Planning toolkit, Acquisition Lab
Toolkits for Agency Acquisition personnel, and a repository for Vendor marketing information.
In FY 2024, EPA will continue working to eliminate barriers to full and equal participation in
agency procurement and contracting opportunities for all 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). These businesses
often lack dedicated resources and in-house capacity to master complex federal requirements
needed to capitalize on agency acquisition and financial assistance opportunities.
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 2024, EPA will continue to utilize
data provided by the General Services 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 SUM initiative focuses on managed total acquisition spend and agency activities which
transition spend to contract vehicles unaligned with Category Management principles. In
accordance with OMB Memorandum M-22-03, Advancing Equity in Federal Procurement,204
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 will continue to implement a full Category Management strategy for IT and to increase
transparency and visibility for IT purchases, including improving the Financial Information
Technology Acquisition Reform Act (FITARA) process. 205 In FY 2023 through FY 2025, EPA
204 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-03.pdf
205 For additional information, please refer to: https://www.c0ngress.g0v/l 13/plaws/publ291/PLAW-
1.1.3publ291. ,pdf#page= 1.48%SI).
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will focus on establishing the full category-level strategy for the IT software, hardware, and
services acquisition processes, as well as on addressing opportunities for efficiency.
In addition to establishing the IT Category-level strategy, EPA will begin planning and
implementation efforts to establish category-level strategies in the Agency's other top contract
spending areas in FY 2023: Professional Services, Industrial Products & Services, Human Capital,
and Office Management. For Professional Services in particular, the Agency will build
understanding of mission-critical services and explore opportunities to develop enterprise-wide
solutions in mission support areas nuanced to EPA's specific needs.
In FY 2024, EPA will continue to implement SUM principles to leverage pre-vetted agency and
government-wide contracts. Through SUM Tier 2 and BIC solutions, acquisition experts will
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 elevate its focus on the Category Management approach to improvement
management and results of its portfolio of contracts. EPA will continue to maximize considerations
for implementing Strategic Sourcing Initiatives (SSIs), thereby enhancing purchase coordination,
improving price uniformity and knowledge-sharing, and leveraging small business capabilities to
meet acquisition goals. EPA will continue to implement strategic sourcing initiatives first launched
in FY 2023 in the areas of Lab Equipment Maintenance; Diversity, Equity, Inclusion, and
Accessibility (DEIA); Memberships; Freight Services; Business and Financial Services; and
Intellitrak software.
The Category Management Program (CMP) allows the Agency to research, assess, and award
contract vehicles that will maximize time and resource savings. Long-term implementation of the
CMP will transform the Agency's acquisition process into a strategically driven function, ensuring
maximum value for every acquisition dollar spent. In FY 2022, EPA realized approximately $24
million in cost avoidance in specific, measurable costs for: four agencywide software solutions;
print services; cellular services; shipping; voice services; office supplies; lab supplies; computers;
furniture and furniture management services; Covid testing; and laboratory equipment
maintenance.
In FY 2024, EPA will continue to utilize a government-wide Unique Entity Identifier for
acquisition awards in line with General Services Administration and OMB requirements. EPA will
continue implementing FITARA through competing contracts with multiple vendors and avoid
vendor lock-in by confining the scope of a contract to a limited task. Additionally, the Agency will
develop acquisition vehicles to further support FITARA compliance and implementation.
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Performance Measure Targets:
Work under this program supports performance results in the Small Minority Business Assistance
Program under the EPM appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$1,443.0) 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.
(+$2,915.0 / +20.0 FTE) This net 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. The change is partially offset by a reduction in system
operations and development resources for the EPA Acquisition System. This investment
includes $3.6 million 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).
-------
Central Planning, Budgeting, and Finance
Program Area: Operations and Administration
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
.SiS'J, ",S7
SS'.O'J'J
SV'AiS'/J
.s/.V/.i
Leaking Underground Storage Tanks
$360
$457
$469
$12
Hazardous Waste Electronic Manifest System Fund
$149
$0
$0
$0
Hazardous Substance Superfund
$29,102
$31,338
$30,207
-$1,131
Total Budget Authority
$112,392
$118,894
$130,488
$11,594
Total Workyears
435.5
469.0
480.0
11.0
Total workyears in FY 2024 include 2.0 FTE funded by TSCA fees.
Total workyears in FY 2024 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; developing and executing an Enterprise Risk
Management Program to support effective and efficient mission delivery and decision-making;
providing policy, systems, training, reports, and oversight essentials for EPA's financial
operations; managing the agencywide 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 2010,206 as amended by
the Foundations for Evidence-Based Policymaking Act of 2018 ("Evidence Act"), with an
emphasis on Title I of the Act;207 the Digital Accountability and Transparency (DATA) Act of
2014;208 the Federal Information Technology Acquisition Reform Act (FITARA) of 2015;209 the
Federal Management Financial Integrity Act (FMFIA);210 the Inspector General Act of 1978.211
FY 2024 Activities and Performance Plan:
206 For more information, please see: https://www.congress.gOv/l 1.l/plaws/publ352/PLAW-l1. Ipubl352.pdf.
207 For more information, please see: https://www.congress. gov/1.1.5/plaws/publ435/PLAW-1.1.5publ435 .pdf.
208 For more information, please see: fattps://www.congress, gov/1.1.3/plaws/pubt 1.01./FLAW-1.1.3pubt 1.01. .pdf".
209 FITARA became law as a part of the National Defense Authorization Act for Fiscal Year 2015 (Title VIII, Subtitle D),
https://www.congress.gOv/l 1.3/plaws/publ291/PLAW-1.1.3publ291. .pdf".
210 For more information, please see: fattps://www.govinfo.gov/content/pkg/ST 96/pdf/STATUTE-96-Pg814.pdf.
211 For more information, please see: fattps: //www, go vinfo. go v/content/pkg/U 5 012-title5/pdf/USCQDE-2012-title5-app-
inspector.pdf.
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Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, the Agency requests an additional $12.7 million and 13.1 FTE. This increase invests
in a solution that would move the Agency forward in assessing enterprise and programmatic risk,
internal control, audit management and provides for necessary fixed costs increases. The additional
FTE will support agencywide implementation of EPA's Diversity, Equity, Inclusion, and
Accessibility Strategic Plan and Evidence Act data stewardship and governance requirements.
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. The Program will continue maintaining
key planning, budgeting, performance measurement, and financial management activities. The
Program also will implement enhancements to technical training, outreach, and reporting to
assistance recipients and programs with a goal of reducing the barriers to managing complex
federal requirements intended to ensure sound financial management. The Program 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. In FY 2024, Robotics Process Automation
(BOTS) will be incorporated as a part of the overall strategy to reduce manual work and improve
efficiency throughout the Agency. The Program also will begin planning activities for a major
upgrade to the Agency's financial management system Compass. 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. The Program will continue to modify systems and data flows to
meet Justice40 location reporting needs. This will involve extensive evaluation of systems
architecture to streamline and modernize interconnections and to improve system performance as
well as customer experience.
In FY 2024, 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. For example, EPA has implemented Treasury's Invoice Processing Platform (IPP) for
reviewing invoices and paying commercial vendors. As of January 2023, roughly 98 percent of
contract invoices are being handled through this system. In FY 2023, EPA will add additional
payment types to this system, including Superfund Contract Laboratory Program and Simplified
Acquisition payments through a system interface. This implementation will greatly reduce manual
effort, improve data quality, and allow for the elimination of two legacy administrative systems.
In FY 2024, EPA intends to initiate the acquisition process and transition planning for the
Agency's Time and Attendance system based on the results of the FY 2023 alternatives analysis.
By the end of FY 2023, the Agency will have fully implemented G-invoicing for new and existing
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agreements. In FY 2024, the Program will continue to focus on post implementation activities and
review, to address system user process concerns.
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 requirements and to provide timely and accurate spending information to the public
while ensuring appropriate security controls and data governance.
In FY 2024, EPA will continue to support formal evaluations as well as efforts to improve critical
data collections and data sharing in priority areas as directed by the Evidence Act. In alignment
with the Act, EPA has been steadily building the capacity for this important work, and in FY 2022
the Agency published its first Learning Agenda at the same time as the FY 2022-2026 EPA
Strategic Plan. The first Learning Agenda helped established the policy framework for the
Agency's evaluation program. In FY 2024, the Agency will continue implementing the larger goals
of the Act. In alignment with the Act, EPA will use findings from its FY 2022 and FY 2023
capacity assessment activities to prioritize strategic investments at an enterprise level that will
expand capacity for robust evidence and 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 2024, EPA
will continue to execute 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 implement EPA's evaluation policy framework.
EPA will invest in evaluation and other evidence-building activities addressing environmental
justice (EJ), climate change, community engagement, and diversity, equity, inclusion, and
accessibility (DEIA). As part of the Agency's FY 2024 evidence-building portfolio, EPA activities
will reflect the FY 2023 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 2024, the Program will continue to focus on core responsibilities in the areas of strategic
planning; performance measurement, assessment, and reporting; enterprise risk management. As
the Agency lead in 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.
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During FY 2024, 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 January 2023, EPA has improved nearly 1,300 processes and
implemented over 6,800 employee ideas. Improvements and innovations have been made in a
variety of administrative areas, such as hiring, improving diversity, equity, inclusion, and
accessibility (DEIA), and in many other programmatic areas.
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 successfully built flexibility into
its Continuous Improvement Program to better integrate with the Agency's range of programs and
approaches. Additionally, the Agency continues to leverage senior staff engagement in continuous
improvement through nearly 100 executive-sponsored improvement projects annually. EPA also
has applied continuous improvement tools and projects to support IIJA implementation with an
emphasis on improving processes related to hiring and grants. EPA also expects to continue
partnering with states and tribes in continuous improvement efforts to improve processes related
to authorized or delegated federal programs in key priority areas.
EPA has made significant strides in recent years to strengthen programs considered susceptible to
improper payment. However, the Agency continues to be vigilant in reducing fraud, waste, and
abuse, and strengthening internal controls over improper payments. In addition, as required by the
Payment Integrity Information Act of 2019 (PIIA) (P.L. 116-117),212 and OMB Memorandum M-
21-19 Appendix C,213 EPA conducts risk assessments of all 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, the Program is developing risk assessment plans for
significant increases or new funding the Agency receives. These risk assessments outline potential
areas that will need additional guidance as well as tracking and reporting, performance measures
and internal controls that will help 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. Annually, the
Agency conducts internal control reviews of multiple programs. The Program also will collect key
operational statistics for its financial management program to further evaluate its operations and
for management decision-making. For example, in FY 2022, the Office of the Chief Financial
Officer (OCFO) recognized additional opportunities for engagement with the Office of Inspector
General (OIG) by providing an Audit Preparedness Guide. The Audit Preparedness Guide is
intended as a tool to encourage a proactive approach to addressing common OIG and Government
Accountability Office findings before audits are initiated. Additionally, OCFO is utilizing data
analytics in validating and documenting measures to ensure that the process is standardized across
the Agency while providing more customer-level support.
212 For more information, please see: https://www.congress.gOv/l 16/plaws/publl 17/PLAW-l 16publl 17.pdf.
213 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/03/M-21-19.pdf
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With increased focused on internal controls, audit management, and enterprise risk assessment, in
FY 2024, the Agency will be expanding its efforts in this area including implementing a new
integrity tool for managing risk. The new Integrity Tool allows the Agency to easily crosswalk the
anticipated increase in the number of audits related to IIJA and Inflation Reduction Act (IRA)
activities for program integrity to the 600+ risks and internal controls. The Integrity Tool will help
the Agency to better monitor the effectiveness and impact of the internal controls set in place.
The Program will continue to support FITARA requirements in accordance with EPA's
Implementation Plan.214 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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
24
22
22
19
17
1"
Systems and
Interfaces
Actual
30
30
30
24
21
20
(PM OP1) Number of operational processes improved.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
25
50
72
500
200
200
200
Operational
Processes
Actual
N/A
66
502
507
208
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$4,271.0) 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. It also includes support
for critical agency wide infrastructure support for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$6,415.0 / +7.2 FTE) This increase supports the duties of the Evaluation Officer in
implementing the Evidence Act and early integration of evidence into the IRA programs.
The increase in funding will continue supporting the data, reporting, and evidence-building
capacity of EPA grant recipients. The funding also will increase contract resources needed
to support EPA's central evaluation function, including evaluation policy implementation
activities and increasing EPA's program evaluation capacity. The increase will support the
funding of 3 to 4 comprehensive program evaluations, and allow for a higher degree of
planning to better prioritize and integrate evidence-building and evidence-based decision-
making into agency programs. This investment includes $1.3 million for payroll.
214 For more information, please see: http://www.epa.gov/open/fitara-mplementation-plan-and-chief-iiifoniiation-ofTLcer-
assignment-plan.
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(+$1,570.0 / +3.4 FTE) This investment supports a new management integrity tool to turn
manual data collection and analysis activities into a streamlined, customer-focused and
agencywide tool that meets the analytical needs for IIJA and IRA activities and agencywide
needs of enterprise risk, internal control, and audit environments. The FTE will support
system configuration, training, on-going administrative functions and expanded agency
analysis and compilation activities. This investment includes $621.0 thousand for payroll.
(+$457.0 / +2.5 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements. This investment includes
$457.0 thousand for payroll.
(-2.6 FTE) This is an adjustment based on expected Central Planning, Budgeting, and
Finance working capital fund services.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Science ik. Technology
$68,347
$67,500
$72,043
$4,543
Building and Facilities
$24,681
$42,076
$105,009
$62,933
Leaking Underground Storage Tanks
$922
$754
$727
-$27
Inland Oil Spill Programs
$854
$682
$641
-$41
Hazardous Substance Superfund
$76,108
$65,634
$71,540
$5,906
Total Budget Authority
$462,412
$459,976
$555,713
$95,737
Total Workyears
310.6
321.8
330.4
8.6
Total work years in FY 2024 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 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, the Agency proposes an investment of $22.4 million and 8.8 FTE for the Facilities
Infrastructure and Operations Program. These additional resources will support agencywide
climate sustainability and resiliency initiatives, EPA facilities projects, and EPA's Climate
Adaptation Action Plan. The Agency will continue to pursue agencywide climate sustainability
and resiliency initiatives and EPA facilities projects. Investing in the reconfiguration of EPA's
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workspaces enables the Agency to release office space and avoid long-term rent costs, consistent
with HR 4465, the Federal Assets Sale and Transfer Act of2016 215 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. The
Agency's space consolidation efforts are expected to result in cost avoidances due to projected
rent increases over ten years. EPA also will continue working to enhance its federal infrastructure
and operations in a manner that increases efficiency. These enhancements also support the Future
of Work as the Agency continues to implement hybrid, remote, and physical workspaces,
consistent with OMB Memorandum M-21-25.216 For FY 2024, the Agency requests $153.55
million for rent, $7.65 million for utilities, and $27.88 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 2024,
EPA will conduct climate assessments at the following facilities: Office of Air and Radiation
Laboratory - Montgomery; Edison Environmental Center; Region 4 Field Annex - Athens; Athens
Environmental Center; Corvallis Environmental Laboratory; and Newport Environmental
Laboratory. 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.217 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 2024, 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
215 For additional information, please refer to: https://www.congress.gov/bill/114th-congress/house-bill/4465. Federal Assets
Sale and Transfer Act of 2016.
216 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-25.pdf..
217 Work in this program takes direction for climate change and sustainability related initiatives from the following:
EO 14008: Tackling the Climate Crisis at Home and Abroad (https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/01/27/executive-order-oii-tackliiig-the-climate-crisis~at~home-aiid~abroad/)
EO 14057: Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (https://www.whitehouse.gov/briefing-
room/presidential-actions/2021/12/08/executive-order-on-catalyzing-clean-energy-industries-and-iobs-through-federal-
sustainability/)
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2024, EPA will direct $3.5 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. In line with federal
sustainability goals, EPA will work to utilize 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:
(PM CAA) Number of EPA-owned facility climate adaptation assessments completed.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
2
5
6
Assessments
Actual
1
(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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
100
100
Percent
Actual
Numerator
Projects
Denominator
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$13,453.0) 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 includes
adjustments to rent, utilities, security, and transit subsidy needs.
(+$6,870.0 / +8.8 FTE) This program change supports implementation of EO 14057:
Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability requirements
that will require EPA to increase facility resiliency against the impact of climate change
and to advance sustainability of EPA operations. EPA will invest in facility climate
assessments and Optimized Building Management Systems; EPA facilities projects to
ensure EPA has optimal footprint to support the proposed FTE increase in the FY 2024
Budget request; and EPA's Climate Adaptation Action Plan. This investment includes $1.6
million for payroll.
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(+$2,100.0) This investment supports the Agency's transition to electric vehicles and to
build out necessary charging infrastructure at EPA facility locations.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Hazardous Substance SupeiTund
$4,188
$4,002
$4,601
$599
Total Budget Authority
$33,258
$34,190
$38,951
$4,761
Total Workyears
141.1
156.8
184.5
27.7
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 2024 Activities and Performance Plan:
Work in this program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022 - 2026 EPA Strategic Plan.
In FY 2024, 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 (EJ), and ensuring
effective grant oversight and accountability.
EPA will continue 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 efficiency, enhance quality, and ensure fiscal accountability. In
addition, EPA will conduct a robust training program for EPA staff and grant applicants and
recipients. In FY 2024, the training program will focus on (1) helping applicants find and apply
for competitive and non-competitive grant opportunities, compliance-assistance under the
Infrastructure Investment and Jobs Act (11J A) and the Inflation Reduction Act (IRA); and (2)
understanding the federal requirements that are passed down to subrecipients, and the oversight
that pass-through entities are responsible for on EPA's behalf. EPA also will explore methods to
use or update the grant competition and grant-making processes to promote equity and support for
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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 help determine whether underserved and communities with EJ concerns are realizing the
benefits of EPA grant programs.
EPA also will continue to ensure compliance with "Made in America" laws and policies in its
financial assistance programs, consistent with Executive Order 14005 and Office of Management
and Budget (OMB) Memorandum M-22-11.218219 These efforts include establishing appropriate
terms and conditions, developing information to share with recipients, outreach, and market
research, and providing waivers when consistent with statutory requirements and OMB directives.
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) to ensure it aligns with
the requirements of the Grant Reporting Efficiency and Agreements Transparency (GREAT) Act,
applicable OMB Quality Service Management Offices (QSMO) standards, and the Federal
Integrated Business Framework for grants {i.e., required standard data elements for grants
reporting). In FY 2024, 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.
EPA will complete all 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 met the October 1, 2022, deadline for new IAs, and will complete the transition
for existing IAs by Treasury's October 1, 2023, deadline. EPA provides quarterly progress updates
to Treasury that highlight activities under the Agency's approved G-Invoicing Implementation
Plan.
In FY 2024, 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:
218 For more information, please refer to: https://www.federalregister.gOv/documents/2021/01/28/2021-02038/ensuring-the-
future-is-made-in-all-of-america-by-all-of-americas-workers For more information, please refer to:
https://www.federalregister.gov/docunients/2021/01/28/2021-02038/ensuriiig-the-future-is-made-iii-all-of-america-bv-all-of-
anieri ca s-workers.
219 For more information, please refer to: https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-
11 .pdfhttps://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-ll.pdf.
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EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (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.
(+$3,832.0 / +23.0 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 $4.1 million for payroll.
(-$884.0) This program change is due to completing development on an interagency
agreement pre-work processing system.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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EPA is committed to advancing equity, in line with President Biden's Executive Orders (EOs)
13985,220 13988,221 14020,222 14035,223 and 14075.224 In FY 2024, in line with EO 14035, 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 undertake 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 DEIA 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 DEIA. EPA will continue
to involve employees at all levels of the organization in the assessment of DEIA initiatives and
programs.
In FY 2024, EPA will continue its Senior Executive Service Candidate Development Program
launched in FY 2023. The Program will focus on incorporating DEIA strategies so that future
executives reflect the diversity of the American population and possess the skills necessary to lead
a diverse and talented workforce operating in a hybrid work environment. The Agency will
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 focuses on expanding federal work experience opportunities for
underrepresented and underserved populations, which may experience barriers to applying or fully
participating in existing opportunities. EPA's program will provide a total of approximately 180
four-month internship opportunities across EPA Programs and Regional Offices. Additionally,
EPA will implement a plan to convert eligible interns to permanent federal service based on
performance and completing program requirements.
EPA has increased efforts to improve DEIA with virtual outreach events, targeting diverse
networks such as veterans, persons with disabilities, Returned Peace Corps Volunteers, and
Historically Black Colleges and Universities and other Minority Serving Institutions. 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 2024, EPA will continue to work with Science, Technology, Engineering, and
Mathematics-focused institutions and organizations such as the Society of Hispanic Professional
Engineers and National Society of Black Engineers. EPA also will participate in the President's
Management Council Interagency Rotational Program to create leadership development
assignments for GS 13-15 level employees. EPA will continue to review applicant flow diversity
data every quarter to assess progress and identify areas for improvement.
220 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.
221 For additional information, please refer to: https://www.federalregister.gov/documents/2021/Ql/25/2021-Q1761/preventing-
and-combating-discrimination-on-the-basis-of-gender-identity-or-sexual-orientation.
222 For additional information, please refer to: https://www.federalregister.gOv/documents/2021/03/l 1/2021.-05183/establishment-
of-the-white-house-gender-policy-council.
223 For additional information, please refer to: https://www.federalregister.gov/documents/2021/Q6/30/2Q21-14127/diversity-
equity-inclusion-and-accessibility-in-the-federal-workforce.
224 For additional information, please refer to: https://www.federalregister.gov/documents/2022/06/21/2Q22-13391/advancing-
equality-for-lesbian-gay-bisexual-transgender-queer-and-intersex-individuals.
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In FY 2024, 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,225 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 DEIA. EPA also will continue to support front-line supervisor
training for managing individuals and teams working in hybrid environments, with a focus on
employee communication, mentorship, and equity.
The Agency will continue to build Talent Teams to effectively expand recruitment and hiring to
meet critical agency skill needs, as well as continue to leverage childcare subsidies to support
retention. EPA also will continue to support evidence-building activities to carry out 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
Management.
In FY 2024, 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 Management by identifying workforce gaps
due to anticipated retirements and attrition trends. This is critical considering approximately 23
percent of EPA's workforce is retirement eligible and another 15 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,226 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 2024, 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 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
225 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-25.pdf.
226 For additional information, please see: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/22/executive-
order-protecting-the-federal-workforce/.
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Policymaking,227 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) actions completed toward Maturity Level
"Leading and Sustaining" achieved.
FY
FY
FY
FY
FY
FY
FY
FY
Units
2017
2018
2019
2020
2021
2022
2023
2024
Target
2
4
Actions
Actual
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$3,790.0) 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.
(+$8,515.0 / +45.0 FTE) This program change is an increase to continue to develop and
diversify its new paid internship program to strengthen talent and workforce acquisition
and focus on expanding federal work experience opportunities for underrepresented and
underserved populations. This investment includes $8.1 million in payroll.
(+$3,935.0 / +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 $896.0 thousand in payroll.
(+$1,608.0 / +8.5 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 $1.5 million in payroll.
(+$1,000.0) This program change is an increase to support the continuation of the 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.
(+$984.0 / +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 $932.0 thousand in payroll.
227 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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(-1.3 FTE) This is an adjustment based on expected Human Resources Management
working capital fund services.
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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Regional Science and Technology
Program Area: Operations and Administration
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
s IJ45
SI.554
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-------
7 assisted Region 6. Regional laboratories continue to stand ready to assist each other during
increasing wildfire events and other natural disasters.
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 up-to-date 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 2024 Activities and Performance Plan:
Work in this Program provides Cross-Agency Mission and Science Support and is allocated across
strategic goals and objectives in the FY 2022-2026 EPA Strategic Plan.
In FY 2024, 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 and extreme climate
events such as flooding, drought and wildfires, and homeland security threats.
In FY 2024, regional laboratories will continue to coordinate within the Regional Laboratory
Network (RLN) 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 and adapt 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 contaminated sites in urban areas where legacy
contamination persists. For example, 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.228 As the Agency
implements an ambitious agenda on climate change, environmental justice, aging infrastructure,
and emerging contaminants, the need for sound analytical capabilities and capacity increase.
Additional state-of-the science instrumentation is necessary to address these complex and inter-
connected challenges.
228 For more information please see: https://www.epa.gov/browfields/browiifLelds-program-enviroiimental-and-economic-
benefits.
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In FY 2024, the regional laboratories will continue to work toward 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 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 and PFAS
chemicals). 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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$81.0) 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.
(+$3,499.0 / +5.0 FTE) This program change will support 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 $828.0 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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Pesticides Licensing
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful Programs A- Munagcmcnl
SfiSJ.i.t
Vo.ijy
S3,-UN
Science & Technology
$2,854
$2,894
$4,031
$1,137
Total Budget Authority
$68,187
$65,019
$69,560
$4,541
Total Workyears
420.3
385.6
385.6
0.0
Total program work years in FY 2024 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)229 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 Act of 2022 (PRIA 5),230 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.231 EPA must periodically review the registration and
tolerances that the Agency issues to ensure that public health is adequately protected.
FY 2024 Activities and Performance Plan:
229 For additional information on FIFRA, please visit: https://www.epa.gov/laws-msulations/simninmv-fedeial-msecticid&-
fungicidc-and-rodcnticidc-act.
230 On December 29, 2022, Pesticide Registration Improvement Extension Act of 2022 (PRIA 5) was signed into law, which
reauthorizes PRIA for 5 years through fiscal year 2027 and updates the fee collection provisions of the Federal Insecticide,
Fungicide, and Rodenticide Act.
231 Additional information related to pesticide registration, the setting of tolerance levels, and the pesticide risk assessment process
can be found at the following location: https://www.epa.gov/pesticide-tolerances/settiiig-tolerances-pesticide-residues-foods.
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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 2024, 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 2024, EPA 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.232 With the reauthorization of PRIA5 on December 29,
2022, the deadline to complete the initial registration review of each pesticide or pesticide case
was extended four years to October 1, 2026, and EPA will continue working on registration review
cases in FY 2024. For pesticides registered before October 1, 2007, EPA is required to make
registration review decisions by October 1, 2026. EPA will focus its FY 2024 resources on
completing decisions for cases with the FY 2026 statutory deadline and on cases with 15-year due
dates in FY 2024 and beyond. Regarding those registration review cases due by October 1, 2026,
through FY 2023 Q1 EPA has completed opening dockets for all 726 cases in registration review.
EPA has completed a total of 685 draft risk assessments and 582 final or interim decisions, with
41 draft risk assessments and 144 final or interim decisions remaining to be completed to meet the
FY 2026 statutory deadline.
As EPA approaches the October 1, 2026 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
completing actions that are due in October 2026 and beyond include: delayed registrant submittal
232 For additional information please visit the EPA Pesticide Registration Internet site: https://www.epa.gov/pesticide-registration.
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of additional data, the need for inter- and intra-agency coordination, resource constraints, and
recent court decisions which may prevent EPA from taking action on issuing Interim Decisions.
In FY 2024, 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 both the employee's
experience and the customer experience.
Reducing Pesticide Risks to People through the Registration of Lower Risk Pesticides
In FY 2024, 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).233 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. In FY 2024,
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 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.
Protecting Workers from On-the-Job Pesticide Risks
Millions of America's workers are exposed to pesticides in occupations such as agriculture, lawn
care, food preparation, and landscape maintenance. A very large proportion of these workers are
members of communities with EJ concerns. EPA's work in this area will be guided by Executive
Order (EO) 13985: Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government and, where regulatory action is taken, by the Agency's Guidance on
233For more information, please see: https://www.epa.gov/pesticide-science-and-assessiiig-pesticide-risks/overview-risk-
assessment-pesticide-program. Please also see EPA's IPM website: https://www.epa.gov/safepestcontro1/integrated-pest-
management-ipm-principles#for_more-information.
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Considering Environmental Justice During the Development of an Action234 and its companion
Technical Guidance for Assessing Environmental Justice in Regulatory Analysis,235 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 2024, EPA will continue to support the implementation
of the Agricultural Worker Protection Standard (WPS)236 and the Certification of Pesticide
Applicators (CPA)237 rule through regulation development, guidance development, education and
outreach, and grant programs. Efforts to implement the WPS include addressing EJ issues in rural
communities, especially by considering farmworkers and their families. In FY 2024, following the
FY 2023 publication of a proposed rule, EPA plans to finalize a rule for the WPS's Application
Exclusion Zone provisions. Programs include a subaward program that supports community-based
projects for the 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. As required
by PRIA 5, EPA also will develop a grant program that considers stakeholder input to support
healthcare providers in the recognition and management of pesticide-related illnesses. The grant
program will focus on training health care providers serving the migrant and seasonal farmworker
community, aiming to improve 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 rule 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 2024, 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 CPA rule requirements.
PRIA 5 amends FIFRA to require bilingual labeling on end use pesticide products for those parts
of the label where translation exists in EPA's Spanish Translation Guide and provides a schedule
for incremental implementation by registrants based on pesticide type and acute toxicity
categories. EPA is directed to work with states on implementation and with stakeholders on ways
to make these labels accessible to farmworkers, and to develop a plan to track adoption of the
234 For more information, please see: https://www.epa.gov/enviromiientaljustice/guidance-consideriiig-enviromiiental-iustice-
during-development-action.
235 For more information, please see: https://www.epa.gov/environmentaljustice/technical-guidance-assessing-environmental-
justice-regulatory-analysis.
236 For more information, please see: https://www.epa.gov/pesticide-worker-safety/agricultural-worker-protection-standard-wps.
237 For additional information, please visit: https://www.epa.gov/pesticide-worker-safety/revised-certification-standards-
pesticide-applicators.
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bilingual labeling. In FY24 EPA will continue the implementation of these bilingual labeling
requirements.
Public Health Antimicrobials and Pandemic Preparedness
In FY 2024, the Pesticide Program will continue to update and modernize EPA's registered
disinfectant lists. There are currently 16 disinfectant lists, lists A-Q, with different target public
health microorganisms. The most viewed list, List N, contains disinfectants that are effective
against SARS-CoV-2. The newest list, list Q, includes products that are effective against emerging
viral pathogens including mpox (formerly monkeypox). A continued priority is to enhance search
and sort functions for the disinfectant lists to enhance usability. OCSPP is also co-leading a PPDC
(Pesticide Program Dialogue Committee) Emerging Viral Pathogens Workgroup to
implement stakeholder recommendations and strategies for revisions to EPA's Emerging Viral
Pathogen's guidance. In FY 2024, EPA expects to continue implementing recommendations from
the Workgroup including but not limited to education through webinars and conferences on proper
and effective antimicrobial pesticide use for different stakeholder groups (e.g., schools, food
service, hospitality, etc.)
In FY 2024, the Pesticide Program is also working on policy and method updates that will expand
the range of public health antimicrobial products available. We anticipate finalization of minimum
testing criteria to support chemical air treatment claims for unoccupied spaces and posting for
comment testing criteria for occupied spaces. There are very few registered antimicrobial products
intended to treat the air, an important route of transmission from public health pathogens. In
addition, the Pesticide Program anticipates finalization of a policy to expand virucidal claims to
sanitizer products which were previously not eligible to have these claims. This policy change will
be implemented with consideration of public of comment.
General Pesticide Outreach and Education
In FY 2024, 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 Center238 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 will also 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
238 For additional information, please visit: littp: //npic.orst. edit/.
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2024, EPA will continue to work with the TPPC to identify concerns related to EJ and climate
change that EPA can begin to address.
Reducing Animal Testing
In FY 2024, the Agency will continue to use its guiding principles on data needs239 to ensure that
it has sufficient information to support strong regulatory decisions to protect human health, while
reducing and, in some cases, eliminating unnecessary animal testing. EPA's Hazard and Science
Policy Council (HASPOC) plays an important role in the implementation of the vision of the 2007
National Academy of Sciences (NAS) report on toxicity testing in the 21st Centurywhich
recommended moving toward smarter testing strategies by waiving human health toxicity studies
that do not provide useful information. Since its inception, HASPOC has waived hundreds of
studies resulting in the saving of tens of thousands of animals and tens of millions of dollars
without compromising the integrity of the science supporting EPA's regulatory decision-making
for pesticides. In addition, the Agency will continue to develop and implement 21st Century
toxicology and exposure methods, including additional retrospective analysis of the reproductive
avian study, 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.
Related Metrics
In FY 2024, 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
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 WPSla) Number of farmworkers receiving EPA-supported WPS pesticide safety training.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
20,000
12,000
12,000
Farmworkers
Actual
12,716
(PM WPSlb) Percentage of content knowledge learned by farmworker/trainees upon completion of EPA-
supported WPS pesticide training.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
95
95
95
Percent
Actual
96
239 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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FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$2,025.0) 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. It also includes support for critical
agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0. requirements.
(+$1,379.0) This program change is an increase for the modernization of the pesticides
incident database where the regulated community reports human health and ecological
incidents related to misuse of, or an unexpected adverse event related to pesticide usage.
EPA plans to make this data more accessible to the Public which requires a rebuild of the
database to safeguard Personally Identifiable Information (PII) and other sensitive
information.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S43MH
.SViV, '0-1
S "J0I
Science & Technology
$2,487
$2,334
$2,339
$5
Total Budget Authority
$46,175
$51,038
$77,730
$26,692
Total Workyears
312.7
259.6
282.1
22.5
Total program work years in FY 2024 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), as amended by the Food Quality Protection Act of 1996 (FQPA) and the Pesticide
Registration Improvement Act of 2022 (PRIA 5), 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 FQPA. This periodic review is accomplished through EPA's Pesticide
Registration Review Program.240 In addition to FIFRA responsibilities, the Agency has distinct
obligations under the Endangered Species Act (ESA),241 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 2024 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.
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
pesticides. This presents a great challenge given that there are approximately 1,200 active
ingredients in more than 17,000 pesticide productsmany of which have multiple uses.
Endangered species risk assessments are extraordinarily complex, national in scope, and involve
240 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.
241 For additional information, please visit: https://www.epa.gov/endangered-species.
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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 under ESA, EPA has
been subject to numerous successful litigation challenges to registration and registration review
actions. This litigation has impacted EPA's ability to carry out its mission of protecting human
health and the environment. In April 2022, EPA released a workplan outlining priorities for
coming into compliance with ESA across the numerous types of actions it completes each year. In
the short term and given its existing resources, EPA prioritized meeting its ESA obligations for all
conventional new active ingredient applications whereby all new active ingredient registrations
will only be registered under conditions that comply with ESA. EPA also continued to prioritize
ESA determinations in response to litigation commitments and court decisions. The increase that
EPA received in the FY 2023 enacted budget serves as initial funding which supports EPA in
meeting these specific workplan commitments.
In November 2022, EPA released a Workplan Update that announced EPA's approach to
incorporate additional ecological mitigations for non-target species, including listed species, into
registration review processes. The Update also describes additional initiatives to make even faster
progress on some of our ESA goals. In particular, the update describes multiple programmatic
approaches to be conducted in FY2024 and beyond such as (1) developing mitigations for listed
species that are particularly vulnerable to pesticides and applying them across pesticides, and (2)
grouping pesticides such as insecticides for ESA analyses and early mitigations. EPA plans to
continue to develop and expand on these programmatic approaches, which will ultimately reduce
the Program's workload for future ESA environmental assessments and identification of
mitigations for listed species for pesticide registration and registration review actions. 242
In FY 2024, in order to continue to support EPA's priority ESA commitments and incrementally
increase the extent to which EPA can integrate ESA mandates into the pesticide registration
processes as described in the Workplan and Update, EPA requests an additional $24.7 million and
20 FTE for the Pesticide Program. As described above, these resources will enable EPA to make
additional progress towards meeting our ESA obligations for an increased number of pesticide
registrations and registration review decisions. This includes resources to ensure EPA can
implement the mitigations required in biological opinions from the Services following completion
of consultation and to develop tools to expedite the incorporation of measures to protect listed
species in pesticide decisions. However, it still will not allow EPA to be in full ESA compliance
for hundreds of pesticide registration and registration review actions it makes each year as well as
those it has made over past decades, leaving these actions vulnerable to litigation, and limiting
EPA's ability to protect human health and the environment.243 These additional resources are
needed to continue to demonstrate measured progress and increase EPA's ability to comply with
its ESA obligations for pesticides.
242 For more information, please see: https://www.epa.gov/system/files/documeiits/2022-l 1/esa-workplan-update.pdf.
243 For example, recently the Ninth Circuit Court of Appeals remanded to EPA for further consideration the interim registration
review decision for glyphosate, the most widely used herbicide in the U.S., in part, due to noncompliance with the ESA.
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In FY 2024, 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.244 Where effects are identified in a biological evaluation, EPA will continue
to work with the Services in a consultation245 process to ensure these new or existing pesticide
registrations meet the ESA standard.246 As required by the 2018 Farm Bill, EPA will continue to
develop processes to protect listed species earlier in the regulatory and consultation processes as
resources allow, and work with the Services, USD A, and other agencies to improve the
consultation process and apply appropriate methods and exposure reduction measures to selected
pesticide risk assessments.247 EPA also will work with the Services towards developing
approaches to conduct consultations programmatically which will also increase efficiency and
reduce needed resources for EPA and the Services.
The Agency will continue to provide technical support for compliance with the requirements of
the ESA. In FY 2024, EPA also will continue the advancement and integration of state-of-the-art
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).248
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.
Assessing the Risks Pesticides Pose to the Environment
To accomplish the goals set out in FIFRA, in FY 2024, EPA will continue to conduct ecological
risk assessments249 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.250 In FY 2024, EPA will continue to examine all toxicity and environmental fate
data submitted with each new pesticide registration application to determine what risks the new
active ingredient may pose to the environment. In FY 2024, EPA will continue to increase the
number of pesticide registrations that include protections for federally threatened and endangered
species under the Endangered Species Act (ESA). When complex scientific issues arise, the
244 For additional information, please visit: hUtw://www.epa.gov/endangered-speciesftetx)il3-congress-impt)ving-consultalion-
process-under-endangered-species-act.
245 For additional information, please visit: https://www.epa.gov/endangered-species/assessing-pesticides-under-endangered-
sjxciesKicL
246 Additional information on how EPA protects endangered species from pesticides can be found at:
https://www.epB.gov/endangered-species.
247 For more information, please see: https://www.epa.gov/endangered-species/epas-wotfa)lan-and-progress-towanl-better-
248 For additional information, please visit: https://www.epa.gov/aidangered-speciai/bul1etms-live-two-blt-tutorial.
249 For additional information, please visit: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/factsheet-
ecological-risk-assessment-pesticides.
250 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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Agency may solicit external review, such as consultation with the FIFRA Scientific Advisory
Panel,251 for independent scientific advice.
Ensuring Proper Pesticide Use through Labeling
In FY 2024, 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.252
Pesticide Registration Review
In FY 2024, EPA's activities will involve increased efforts on comprehensive risk assessments to
protect the environment. With the reauthorization of PRIA on December 29, 2022, the deadline to
complete the initial Registration Review of each pesticide or pesticide case was extended four
years to October 1, 2026, and EPA will continue working on registration review cases in FY 2024.
For pesticides registered before October 1, 2007, EPA is required to make registration review
decisions by October 1, 2026. EPA has completed opening dockets for all 726 cases in registration
review. EPA will focus its FY 2024 resources on completing decisions for cases that meet the FY
2026 statutory deadline and on cases with 15-year due dates in FY 2024 and beyond. Through FY
2023 Ql, EPA has completed a total of 685 draft risk assessments and 582 final or interim
decisions, with 41 draft risk assessments and 144 final or interim decisions remaining to be
completed to meet the FY 2026 statutory deadline.
As EPA approaches the October 1, 2026, 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 2026 deadline include delayed registrant submittal of additional data, the need for inter-
and intra-agency coordination, and resource constraints.
Pesticide Registration and Risk Reduction Through the Use of Safer Pesticides and Methods
In FY 2024, EPA will continue to promote reduced-risk pesticides 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).253'254 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. In FY 2024,
251 For additional information, please visit: https://www.epa.gov/sap.
252 Under FIFRA, it is illegal to use a registered pesticide in a manner inconsistent with the label instructions and precautions.
253 Attaining risk reduction would be significantly hampered without availability of alternative products to these pesticides for
consumers. Consequently, the Registration Program's work in ensuring the availability of reduced risk pesticides plays a
significant role in meeting the environmental outcome of improved ecosystem protection. For additional information on pesticide
risk, please visit: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-
program.
254 For additional information on IPM, please visit: https://www.epa.gov/safepestcontrol/integrated-pest-management-ipm-
principles.
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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 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 2024, 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 evaluation of Collaborative Acute Toxicity Modeling Suite
(CATMoS) estimates of acute oral toxicity to potentially replace mammal testing in ecological
risk assessment. EPA also will complete an evaluation of the feasibility of reducing the number of
tested species of fish used to characterize acute effects. This effort is expected to complement
EPA's work with other federal agencies to collect, describe, and develop performance-based
evaluations for a suite of in-silico and in-vitro methods for estimating acute lethal endpoints in
fish. By addressing both the endpoint needs and the available estimation tools concurrently, EPA
expects to increase the efficiency of performance evaluation and narrow the scope of needed
estimation methods for consideration, thereby expediting the acceptance process. Additionally,
through stakeholder discussions and participation in intergovernmental working groups, the
Agency will work to identify opportunities to reduce the use of animals in ecological hazard
testing. EPA also will reach out to non-governmental organizations to collaborate on projects (e.g.,
to retrospectively analyze the results of ecological hazard testing). Based on the results of those
projects, EPA will then develop and disseminate guidance materials for companies to clarify
ecotoxicology testing requirements/needs.
Minimizing Environmental Impacts through Outreach and Education
Through public outreach, the Agency will continue to encourage the use of IPM and other practices
to maximize the benefits pesticides can yield while minimizing their impacts on the environment.
As a continued requirement of the Office of Chemical Safety and Pollution Prevention's National
Program Guidance, regional pesticide offices will initiate specific IPM-related projects that target
disadvantaged 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.255 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 Program256 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.
255 For additional information, please visit: https://www.epa.gov/safepestcontrol/integrated-pest-management-ipm-principles.
256 For additional information, please visit: https://www.epa.gov/pesticide-worker-safety/pesticide-safety-education-programs-Q.
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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. EPA is currently updating the estimated burden for collecting the suite of
honeybee data.
In FY 2024, EPA also will continue to apply the best available science and risk management
methods to reduce potential exposures to pollinators from pesticides.257 In addition, some of the
endangered species protection work described previously will protect pollinators. For example,
several of the pilot ESA-FIFRA projects to identify mitigations for pesticides early in the
registration review process are intended to result in protections to several pollinator species as well
as protections for plants that provide sustenance for pollinator species.
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 2024, the Agency
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.258
Performance Measurement
In FY 2024, the Agency will be measuring performance for the registration review cases with 15-
year due dates in FY 2024 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
257 Additional actions EPA is taking to protect pollinators from pesticides can be found at: https://www.epa.gov/pollinator-
protection.
258 The most sensitive aquatic benchmarks for the chemicals are posted on the website: http://www.epa.gov/pesticide-science-
and-assessing-pesticide-risks/aquatic-life-benchmarks-pesticide-registration.
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assessments that incorporate considerations of threatened and endangered species and leverage
those improvements for other related processes in subsequent years (e.g., new uses).
Performance Measure Targets:
(PM ESAl) 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
FY
FY
FY
FY
FY
FY
FY
Units
2017
2018
2019
2020
2021
2022
2023
2024
Target
40
80
90
Percent
Actual
50
62
100
Numerator
8
8
14
Risk
Denominator
16
13
14
Assessments
(PM ESA2) Percentage of risk assessments supporting pesticide registration review decisions that include
effects determinations or protections of federally threatened and endangered species.
FY
FY
FY
FY
FY
FY
FY
FY
Units
20 r
20IS
201')
2020
2021
2022
2023
2024
Target
20
30
30
Percent
Actual
:_
79
Numerator
:<>
27
Risk
Denominator
in"
34
Assessments
(PM FIFRA3a) Number of pesticide registration review cases completed with statutory due dates that fall
after October 1,2022.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
15
8
14
Cases
Actual
16
(PM FIFRA3b) Number of pesticide registration review dockets opened for registration review cases with
statutory completion dates that fall after October 1,2022.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
25
20
28
Dockets
Actual
35
(PM FIFRA3c) Number of draft risk assessments completed for pesticide registration review cases with
statutory completion dates that fall after October 1,2022.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
9
16
19
Draft
Assessments
Actual
25
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FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$1,465.0) 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. It also includes support for critical
agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
(+$24,726.0 / +20.0 FTE) This program change supports an increase in available funding
for EPA to implement Endangered Species Act (ESA) considerations into pesticide
regulatory decisions, including ESA compliance for all new active ingredient registrations.
These additional non-pay resources will allow EPA to continue to train employees across
OPP, and develop the regulatory processes, strategies, and approaches to allow EPA to
come into fuller compliance with ESA. This includes $3,764 million in associated payroll.
(+$496.0 / +2.5 FTE) This program change increases FTE to support agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements. This includes $471 thousand
in associated payroll.
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S ',022
S "6.?"
SH.23-1
S5V
Science & Technology
$941
$925
$1,002
$77
Total Budget Authority
$7,963
$8,562
$9,236
$674
Total Workyears
32.7
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):259
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.260
FY 2024 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
help these pesticides reach the market sooner and replace other pesticides of higher risk.261 In FY
259 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.
260 Additional information may be found here: https://www.epa.gov/pesticide-registration/types-registrations-raider-fifra.
261 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
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2024, 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 1,656 "me too"
new products and amendments in FY 2021. The Agency expects to complete a similar volume of
registrations in FY 2024.
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 2024, 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 2024, 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
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.
The Agency's work harmonizing pesticide tolerance levels with our top trade partners will reduce
international trade barriers. For FY 2024, 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 2024, EPA will continue rulemaking and
implementation efforts to improve its crop group system which provides the regulatory definitions
contamination of valued, environmental resources, or (4) broadens adoption of Integrated Pest Management (IPM) or makes it
more effective."
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for crops which are in inter-state and international commerce, such as Phase VI of its proposed
revisions to pesticide tolerance crop group regulations.
Emergency. Quarantine, and Crisis Exemptions
In FY 2024, 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 EPA has received 30 requests for emergency uses in FY 2022 to date. Although emergency
exemption submissions cannot be precisely predicted, EPA estimates it may receive approximately
45 requests in FY 2024.
Performance Measurement
In FY 2024, the Agency will be measuring performance for the registration review cases with 15-
year due dates in FY 2024 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). Per its policy
released in January 2022, EPA anticipates registering new conventional active ingredients only
under conditions that are compliant with ESA. 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 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$295.0) 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.
(+$302.0) This program change is an increase that supports enhancement of pesticides
registration processes for the program.
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Statutory Authority:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Federal Food, Drug, and Cosmetic
Act (FFDCA) § 408.
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Resource Conservation and Recovery Act (RCRA)
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S -40.512
S 41.MM
S
Total Budget Authority
$43,061
$40,512
$41,669
$1,157
Total Workyears
169.4
174.9
174.4
-0.5
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. Implementing the Program's 2030 Goals262 and RCRA Corrective Action regulations
and administrative orders, 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. RCRA cleanups contribute many environmental and
economic benefits to their communities. A recent EPA analysis of 79 RCRA cleanups showed that
these facilities support 1,028 on-site businesses providing economic benefits including $39 billion
in annual sales revenue, over 82,000 jobs, and $7.9 billion in estimated annual employment
income.263 Approximately 113 million Americans live within three miles of a RCRA corrective
action facility (roughly 35 percent of the U.S. population),264 and the total area covered by these
corrective action sites is approximately 18 million acres.265
EPA works in close partnership with 44 states and one territory authorized to implement the
Corrective Action Program266 to ensure that cleanups protect 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,
262 U.S. EPA, Office of Resource Conservation and Recovery, 2020. RCRA Corrective Action Program Vision/Mission/Goals for
2030. https://www.epa.gov/sites/default/files/2020-09/documents/rcra_coiTective action_program_vision.pdf.
263 U.S. EPA, Office of Resource Conservation and Recovery, 2022. Summary of 2021 RCRA Corrective Action Economic
Benefits Study and Research Methodology.
264 U. S. EPA, Office of Land and Emergency Management 2021. Data collected includes: 1) RCRA CA site information as of the
end of FY2020; and 2) population data from the 2015-2019 American Community Survey.
265 Compiled RCRAInfo data.
266 State implementation of the Corrective Action Program is funded through the STAG Categorical Grant: Hazardous Waste
Financial Assistance and matching state contributions.
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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 2024 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 2024, the Corrective Action Program will focus its resources on continuing cleanup of 3,983
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 2022, only 41 percent of these facilities have
completed final and permanent cleanups, leaving approximately 2,300 facilities still requiring
oversight and technical support to reach final site-wide cleanup objectives. In FY 2022, EPA
approved 124 RCRA corrective action facilities as ready for anticipated use (RAU), bringing the
total number of RCRA RAU facilities to 1,922. In addition, in FY 2022 the Program achieved
remedy construction at 55 facilities, resulting in a total of 2,896 with remedies constructed, and
achieved performance standards attained at 66 facilities, resulting in a total of 1,653 facilities with
standards attained.267 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 2024, EPA will:
Continue to make RCRA corrective action sites RAU, ensuring that 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 directed to addressing those facilities that present risk to human health and the
environment and supporting environmental justice and climate resiliency.
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, establishing interim remedies to reduce or eliminate exposure, and
selecting and constructing safe, effective long-term remedies that also maintain the
economic viability of operating facilities.
267 For more information, please refer to: https://www.epa.gov/hw/lists-facilities-resource-conservation-and-recovery-act-rcra-
2020-corrective-action-baseline.
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For high priority facilities, utilize oversight tools and work-sharing agreements to assist
with facilities that have complex issues268 or special tasks.
Continue to improve cleanup approaches and share best practices and cleanup
innovations269 to speed up and improve cleanups.
Complete rulemaking to clarify that the definition of hazardous waste found in RCRA
section 1004(5) is applicable 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 data from the 2021 biennial reporting cycle
showed there were 19,141 generators of over 36 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 CA5RC) Number of RCRA corrective action facilities with final remedies constructed.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
98
98
73
55
55
52
Facilities
Actual
67
70
80
64
57
55
(PM RSRAU) Number of RCRA corrective action facilities made Ready for Anticipated Use.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
75
91
117
133
114
100
85
Facilities
Actual
72
117
127
169
146
124
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$1,245.0) 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.
(-$88.0 / -0.5 FTE) This program change reduces FTE support for RCRA Corrective Action
activities including cleanups. This includes a reduction of $88.0 thousand in payroll.
268 por exampiej vapor intrusion, wetlands contamination, or extensive groundwater issues.
269 For more information, please refer to: https://www.epa.gov/hw/toolbox-corrective-action-resource-conservation-and-recoverv-
act-facilities-investigation-remedy.
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Statutory Authority:
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA)
§§ 3004, 3005, 8001.
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
.S .H3X
S ~.\V5N
SWA?-/
s Ujru
Hazardous Waste Electronic Manifest System Fund
$12,482
$0
$0
$0
Total Budget Authority
$90,320
$75,958
$90,634
$14,676
Total Workyears
299.1
303.8
349.3
45.5
Total workyears in FY 2024 include 11.0 FTE funded by e-Manifest fees.
All actuals from the Hazardous Waste Electronic Manifest System Fund are funded by user 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.270 Eighty percent of the U.S. population live within three
miles of one of these facilities, making national standards and procedures for managing hazardous
wastes a necessity.271
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 permitted treatment, storage, and
disposal facilities.272 Just as businesses innovate and grow, the waste management challenges they
270 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.
271 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.
272 As compiled by RCRAInfo.
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face also evolve; this requires new direction and changes in the federal hazardous waste program
through updated regulations, guidance, and other tools.
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 and 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.
States, tribes, territories, communities, and RCRA facilities are beginning to experience impacts
from climate change, such as extreme weather and wildfires, and these impacts are expected to
increase in the future. EPA is working to implement the EPA Climate Adaptation Action Plan;273
increase resilience of Corrective Action, PCB, and RCRA permitted facilities to extreme weather
events and sea level rise; improve PCB guidance during emergency situations; assist municipalities
with natural disaster preparedness and debris management planning; and strengthen the capacity
of states, tribes, territories, communities, and businesses to adapt to climate change.
Where communities adversely impacted by environmental conditions are advocating for more
transparency or involvement in decision-making or where the trust is strained, providing enhanced,
tailored engagement through the Community Engagement and Technical Assistance (CETA)
program will allow EPA to build a better bridge between the region, state, facility, and
community. The CETA program serves as the vehicle to deliver risk communications, technical
assistance, and engagement support to fenceline and overburdened communities, ensuring
equitable access and the opportunity to participate in environmental decisions that impact their
health and wellbeing.
There continues to be increased public and congressional attention to issues around post-consumer
materials management, especially plastics, in the environment and EPA's role in addressing them
(e.g., marine litter prevention and reduction, environmental justice concerns in countries to which
the U.S. exports plastics, and the climate impacts of single-use plastics). Marine litter and plastic
pollution is an increasingly prominent global problem that can negatively affect public health, the
273 https://www.epa.gov/system/files/documents/2021-09/epa-clmate-adaptation-plan-pdf-version.pdf.
https://www.epa.gov/system/files/documents/2022-10/bh508-
QLEM%20CAIP August%202022 POST OGCreview 9.12.2022.pdf
-------
environment, and the economy. Most marine litter and plastic is from land-based sources and
makes its way into our waterways and ultimately to the ocean, creating a direct link between waste
management practices and ocean pollution.274 The Save Our Seas 2.0 Act,275 enacted in December
2020, was passed with bipartisan congressional support 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), the development
of a new federal permitting program for CCR surface impoundments and landfills. In
implementing 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 notification and consent
process for 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 2024 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 2024, EPA requests an additional $14.7 million and 45.5 FTE for the RCRA Waste
Management Recycling Program. The 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).
274 U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, "Ten Things you
should Know about Marine Debris," https://oceanservice.noaa.gov/news/marinedebris/ten-things.htinl.
275 For additional information, please refer to: https://www.c0ngress.g0v/l 16/plaws/publ224/PLAW-l 16publ224.pdf.
-------
Enhance risk communications and deliver technical assistance support directly to
communities, particularly fenceline communities, with environmental concerns related to
RCRA facilities.
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 permits
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 permitted
treatment, storage, and disposal facilities.
Implement the EPA Climate Adaptation Action Plan and provide technical assistance and
guidance to strengthen the capacity of states, tribes, territories, communities, and facilities
to adapt to climate change.
Continue analysis of existing regulations to ensure protective standards for managing solid
and hazardous waste and PCBs. In FY 2024, 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.
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 to ensure protective management of CCR through the implementation of
existing regulations, promulgation of additional regulations to address legacy surface
impoundments, and the launch of a federal permitting program. The Agency promulgated
regulations specifying improved management and disposal practices to ensure people and
-------
ecosystems are protected. The Agency will continue to work with our stakeholders through
technical assistance and guidance as we develop and implement regulations.
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 in non-
participating states and on tribal lands.
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 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
64
64
105
100
90
100
110
Permits
Actual
125
109
124
104
130
107
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$2,772.0) 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. It also includes support for
critical agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
(+$6,118.0 / +22.0 FTE) This program change will expand the Community Engagement
and Technical Assistance program to help protect economically disadvantaged
communities from hazardous substance releases from facilities. This investment includes
$4.1 million for payroll.
(+$4,599.0 / +22.5 FTE) This program change is to provide sufficient staffing levels to
implement the coal combustion residual federal permitting program. This investment
includes $4.2 million for payroll.
(+$1,187.0 / +1.0 FTE) This program change will help implement the EPA Climate
Adaptation Action Plan, support increased resilience at Transportation, Storage, and
Disposal Facilities and PCB Storage facilities, and strengthen the capacity of states, tribes,
territories, communities, and businesses to adapt to climate change. This investment
includes $187.0 thousand 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S IJ.fiUS
SI 0.2 5 2
SI 2.MS
S2.4K>
Total Budget Authority
$12,603
$10,252
$12,668
$2,416
Total Workyears
36.7
43.4
53.4
10.0
Program Project Description:
The RCRA Waste Minimization and Recycling Program supports the sustainable management of
resources, including managing materials that sustainably promote economic growth, reducing
environmental impacts, and advancing 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.276 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 (GHG) emissions, as natural resource extraction and processing make up
approximately 50 percent of total global GHG emissions.277
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.
EPA established a National Recycling Goal to increase the recycling rate from a rate of 32.1
percent in 2018 to 50 percent by 2030,278 and finalized and released the National Recycling
276 For more information, please refer to: https://www.epa.gov/snnii/recycling-economic-iiifoniiation-rei-report.
277 U.N. Environment International Resource Panel, Global Resources Outlook, 2019, p. 8.
https://www.resourcepanel.org/reports/global-resources-outlook.
278 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
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Strategy on November 15, 2021.279 The National Recycling Strategy is part one of a series of
strategies the Agency is 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,280 enacted in December 2020, was passed with bipartisan congressional support and
provides EPA with authority to further act on domestic recycling and address plastic waste through
new grant programs, studies, and increased federal coordination. Additionally, the Infrastructure
Investment and Jobs Act (IIJA), as well as STAG appropriations, provide funding for recycling
infrastructure grants authorized by section 302(a) of the Save Our Seas 2.0 Act. IIJA also provided
funding for education and outreach grants focused on improving material recycling, recovery, and
management and established new programs focused on battery recycling. EPA was also charged
with developing a model recycling program toolkit, increasing coordination and review of federal
procurement guidelines, and providing assistance to the educational community to incorporate
recycling best practices into school 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
GHG 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 2024 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 2024, EPA requests an additional $2.4 million and 10.0 FTE for the RCRA Waste
Minimization and Recycling Program. This investment 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:
rate, https://www.epa.gov/sites/default/files/2021-01/documents/2Q18 ff fact sheet dec 2020 fill 508.pdf.
279 For more information, please refer to: https://www.epa.gov/system/files/docuiiients/2021-ll/final-national-recycliiig-
strategy.pdf.
280 For more information, please refer to: https://www.congress.gov/1.1.6/plaws/publ224/PLAW-1.1.6publ224.pdf.
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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, food waste, and critical minerals and electronics.
Contribute towards global climate change efforts and demonstrate U.S. leadership
internationally through participation in resource efficiency dialogues.
Implement the National Recycling Strategy through the Solid Waste Infrastructure for
Recycling (SWIFR) grant program, the Recycling Education and Outreach (REO) grant
program, and other activities. Develop and implement additional strategies in key areas
with the greatest potential to reduce the lifecycle impacts of materials, including plastic
waste, food waste, critical minerals and electronics (e.g., batteries), textiles, and
construction and demolition debris.
Increased resources will support efforts to gather data and provide high-quality scientific
information on materials management, including releasing a report on 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; releasing data on curbside recycling and single-use plastics; finalizing
an analysis of different policy approaches for recovering materials; finalizing a study on
the social costs associated with nonrecycling or uncontrolled disposal; and continuing to
work with the National Academy of Sciences to analyze the cost of recycling programs to
state and local governments.
Continue to administer grants 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 continue to 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.
Provide technical assistance to communities to enhance their capacity to apply for federal
funding opportunities. Announce new funding opportunities for the SWIFR and REO grant
programs that are primarily funded by IIJA.
Administer and enhance the model recycling program toolkit developed for use in carrying
out the REO grant program funded by IIJA, and provide assistance to the educational
community to promote the introduction of recycling principles and best practices into
public school curricula.
Continue coordinating with federal agencies to reduce food waste in their facilities,
increase composting, complete food waste prevention pilot projects, and connect
stakeholders with food waste reduction technologies such as anaerobic digestion.
Enhance the Knowledge Management System for grant programs for recycling
infrastructure and education and outreach to assist in tracking funded project development
through completion and expedite result reporting.
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Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$522.0) 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.
(+$1,894.0 / +10.0 FTE) This program change is an increase to assist EPA with
implementation of the National Recycling Strategy, oversight of the Infrastructure
Investment and Jobs Act grants, and challenges on recycling and the circular economy.
This investment includes $1.8 million for payroll.
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; Infrastructure Investment and Jobs Act (IIJA), Pub.
L. 117-58
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Toxics Risk Review and Prevention
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S "6/7
S'.OSO
SfiO
Total Budget Authority
$6,629
$7,614
$7,680
$66
Total Workyears
6.4
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)2U 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 ToxCast282 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
ExpoCast283 will assist in the identification of priority chemical targets with vulnerable
subpopulations and EJ concerns for further investigation.
281 For additional information, please visit: https://www.epa.gov/endocrine-disruption/use-high-throughput-assays-and-
computational-tools-endocrine-disruptor.
282 For additional information, please visit: https://www.epa.gov/chemical-research/toxicity-forecasting.
283 For additional information, please visit: https://www.epa.gov/chemical-research/rapid-chemical-exposure-and-dose-research.
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FY 2024 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.284 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 2024, 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.,
In collaboration with EPA's research programs, continue HT screening on pesticide substances
that were not part of the ToxCast chemical sets.
In FY 2024 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 life stages including pregnancy, infancy, 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;285 the
milestones above are consistent with that report. In response to this report, in FY 2023, the EDSP
will begin conducting annual internal program reviews, develop a strategic plan 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.286
Another accomplishment is the establishment in FY 2022 of the Endocrine Disruptor Science and
Policy Committee (EDSPOC), whose primary function is to serve as OPP's central forum to
review hazard and exposure evaluations to the extent relevant for making recommendations on
FFDCA section 408(p)(4) exemptions. In January 2023, the EDSP published a white paper for
public comment titled "Availability of New Approach Methodologies (NAMs) in the Endocrine
Disruptor Screening Program (EDSP)" which will designate certain NAMs as validated. The data
284 https://www.sciencedirect.com/science/article/pii/S0273230011000055?via%3Dihub. https://www.epa.gov/endocrine-
disruption/universe-chemicals-potential-endocrine-disruptor-screening-and-testing &
https://www.federalregister.gov/docunients/2023/01/19/2023-00940/availability-of-new-approach-methodologies-in-the-
endocrine-disruptor-screening-program-notice-of
285 For additional information on OIG's report "EPA's Endocrine Disruptor Screening Program Has Made Limited Progress in
Assessing Pesticides," please visit: https://www.epa.gov/office-inspector-general/report-epas-endocrine-disruptor-screening-
pro gram-ha s-inade-limited.
286 For additional information, please visit: https://www.epa.gov/endocrine-disruption.
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from these validated NAMs will provide partial Tier 1 screening data for about 500 pesticide
chemicals. In FY 2024, in addition to the milestones above, the EDSP will continue to make
progress on 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 2024, EPA plans to begin and continue incorporating
EDSP into the regulatory programs for which it was intended. Planning for this is ongoing,
including development of a new strategic planning document focused on implementation,
development of performance measures, and annual reviews. Further, no program has
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 Organization 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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$145.0) 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.
(-$79.0) This is a programmatic decrease for endocrine disruption screening contractual
support.
Statutory Authority:
Federal Food Drug and Cosmetic Act (FFDCA), § 408(p); Safe Drinking Water Act (SDWA),
§ 1457.
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Pollution Prevention Program
Program Area: Multi-Media
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Promote Pollution Prevention
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Total Budget Authority
$11,988
$12,987
$29,009
$16,022
Total Workyears
45.6
51.2
69.2
18.0
Program Project Description:
The Pollution Prevention (P2) Program is one of EPA's primary tools for advancing environmental
stewardship and sustainability for federal, state, and tribal governments as well as 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 helping businesses and others with developing and implementing source reduction
practices before pollution is created. As a result of these approaches, the P2 Program protects the
environment by conserving and protecting natural resources while strengthening economic growth
through cost reductions and increased market opportunities. Pollution prevention approaches
include, but are not limited to, reducing hazardous releases to air, water, and land; the use of
hazardous materials; the generation of greenhouse gases; and the use of water. The program's
efforts advance EPA's priorities to pursue sustainability; to act on climate change; make a visible
difference in communities, including advancing environmental justice (EJ) in disadvantaged
communities; and ensure chemical safety. The program includes a counterpart P2 Categorical
Grants Program in the State and Tribal Assistance Grants (STAG) account.287
FY 2024 Activities and Performance Plan:
Work in this program directly supports Goal 7/Objective 7.2, Promote Pollution Prevention of the
FY 2022 - 2026 EPA Strategic Plan. FY 2024 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 source reduction approaches that make good business sense
and to improve multimedia 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
287 For additional information about the EPA P2 Program, please visit: http://www.epa.gov/p2/.
-------
widespread implementation to prevent or reduce pollution. The P2 program leverages the success
of EPA grantees and client businesses by amplifying and replicating environmental stewardship
and sustainability successes for similar businesses in other locales.288 Such economies of scale for
P2 are central to maximizing the effectiveness of the program.
To further advance EJ in FY 2024, EPA will use analyses of toxic chemical releases from the
Toxics Release Inventory (TRI) and other chemical release data to identify facilities and industries
near communities with EJ concerns. These analyses will be combined with sector-specific case
studies, best practices, and outreach and training efforts to facilitate adoption of P2 practices in
such communities. In FY 2024, EPA also will initiate efforts to work with stakeholders to identify
technically and economically feasible opportunities for small businesses to adopt safer alternatives
for uses of TSCA High Priority Substances undergoing risk evaluation.
In FY 2024, an additional $9.7 million and 9.0 FTE will support small businesses with transitioning
to TSCA compliant practices and mitigating any associated economic impacts. This new grant
program would provide technical assistance to small businesses for identifying and adopting
alternatives to current practices and minimizing economic impacts associated with such transitions,
which may include direct financial assistance. EPA's P2 grant program has supported work by P2
grantees, over several years, to work with businesses and industry to identify technically and
economically feasible alternatives to toxic chemicals, including some that are the focus of current
TSCA risk evaluation and management (e.g., halogenated solvents used in a variety of industries
such as degreasing in metal fabrication). The additional resources requested will facilitate the
development of additional grant Request for Applications (RFAs) and grant performance measures
publication of RFAs, evaluation of applications, awarding of grants, finalization of workplans, and
initiation of grant work. Resources will also provide ongoing support to grantees including
coordination, networking and information sharing, and documentation and dissemination of best
practices.
P2 reporting under the TRI program collects information on facility-level P2 practices associated
with reductions in use and release of toxic chemicals. In FY 2024, EPA will evaluate and integrate
P2 case studies and best practices relevant to TSCA risk management efforts by small businesses,
clarify technical and economic factors associated with such transitions, and develop and deploy
pilot programs to leverage training and ongoing support for small businesses expected to make P2
transitions in response to TSCA risk management.
Safer Choice Program
EPA certifies and allows use of the Safer Choice label289 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.
Safer Choice is a voluntary program that certifies safer products so consumers, businesses, and
purchasers can find products that work well and contain ingredients safer for human health and
the environment, including helping reduce exposure to carcinogens in products.
288 For additional information, please see the Pollution Prevention Program narrative under the STAG account/appropriation.
289 For additional information about the Safer Choice Program, please visit: https://www.epa.gov/saferchoice.
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With hundreds of partner companies and approximately 1,800 certified products in the
marketplace, companies have invested heavily in this EPA partnership. Consumer, retailer, and
industry interest in Safer Choice and safer chemical products continues to grow across chemical
product value chains. Under the same stringent criteria, EPA certifies disinfectant products
registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) using the Design
for the Environment logo. The Safer Choice Program will expand into additional product
categories and seek to increase consumer and commercial recognition of Safer Choice products.
In FY 2024, EPA will continue its Partner of the Year Awards Program,290 which recognizes
organizations and companies for their leadership in formulating products made with safer
ingredients and making them available to communities.
In FY 2024, 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 expand with particular focus on 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 will work to empower custodial staff and house cleaning companies and enable
facilities through education to gain access to Safer Choice-certified products to improve indoor air
quality and reduce exposure-related asthma.291
To enhance transparency and to facilitate expansion and use of safer chemicals 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. In Q1 of FY 2023,
the Safer Chemical Ingredients List contained 1,055 safer chemicals, up from 1,033 in Q1 of FY
2022, 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.
Environmentally Preferable Purchasing Program (EPP)
The Environmentally Preferable Purchasing (EPP) Program292 implements direction provided to
EPA in the Pollution Prevention Act, the National Technology Transfer and Advancement Act,293
Federal Acquisition Regulations, and Executive Orders that mandate sustainable federal
procurement, including through 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 2022 these recommendations have
been maintained and updated to include 48 private sector standards and ecolabels covering 30
product and service categories. These recommendations help federal procurement officials
determine which private sector standards and ecolabels, among sometimes dozens within a single
290 For additional information on the Partner of the Year Awards program, please visit: https://www.epa.gov/saferchoice/safer-
choice-partner-year-a wards.
291 For additional information, please see:
https://joumals.lww.com/ioem/Fulltext/2003/05000/Cleaiiiiig Products and Work. Related Asthma. 17.aspx.
292 For additional information on the EPP Program, please visit:http://www.epa.gov/greenerproducts/buying-green-federal-
purchasers.
293 For additional information on the National Technology Transfer and Advancement Act, please visit:
https://www.nist.gov/standardsgov/iiatioiial-technology-traiisfer-and-advancement-act-1995.
-------
purchase category, are appropriate and effective in meeting federal procurement goals and
mandates. Beginning in FY 2023, the EPP Program is expanding the Recommendations in new
categories to support the Biden-Harris Administration's environmental and human health goals
and mandates including net-zero emissions procurement, low embodied carbon construction
materials, and products that do not contain PFAS. The program has received applications for over
70 standards/ecolabels from 29 organizations to be considered for assessment and recommendation
in federal purchasing. These cover the following high-impact federal procurement sectors: food
and cafeteria services; uniforms/clothing; professional services; laboratories and healthcare;
building/construction; infrastructure; and landscaping.
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 27.6 million Electronic Product Environmental Assessment Tool (EPEAT)-registered
products in 2020, resulting in a cost savings to the federal government of around $830 million.
EPEAT is one of over 40 referenced and relevant private sector standards and ecolabels that help
federal purchasers identify and procure environmentally preferable products and services.294 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 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 prioritize PFAS conditions of use. In FY 2024,
EPA will enhance public protection from potential effects of PFAS through recommendations of
additional standards/ecolabels to help purchasers identify products that meet specific
environmental performance criteria. EPA will conduct the following activities:
Assess and recommend 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.295
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).
Initiate and engage in private sector standards development activities that address product
categories known to contain PFAS.
Work with GSA and others to 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.
294 For additional information on Recommendations for Specifications, Standards and Ecolabels for Federal Purchasing, please
visit: https://www.epa.gov/greenerproducts/recommendatioiis-specifications-standards-and-ecolabels-federal-purchasiiig.
295 Pqj. additional information please visit': ^s:^'e^^ov^eenerpfo^M^ow'^as'fecoimen^'s^^'M^eco^a^s'a^ess'M^p°^moii^^u^^n(ies
-------
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 disadvantaged 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 Program296 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. The program's 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 133 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 clear. Winning technologies are estimated to eliminate
7.8 billion pounds of carbon dioxide equivalents released to airthe equivalent of taking 770,000
cars off the road each year.297 In FY 2024 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.298
In FY 2024 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 support and lead portions of EPA's responsibilities for
implementation of the Sustainable Chemistry Research and Development Act of 2020.
Climate Adaptation
An additional $1.1 million and 1.0 FTE will fund the implementation of activities to fulfill the P2-
related Long-Term Performance Goals of EPA's Strategic Plan (Objective 1.2), meet
commitments in the EPA Climate Adaptation Action Plan, support increased resilience of EPA's
programs, strengthen the adaptive capacity of states, tribes, territories, communities, and
businesses, and increase the resilience of the nation, with a particular focus on advancing
environmental justice. Resources will be used to oversee the integration of climate adaptation
planning into these programs, policies, rules, and operations (including ensuring EPA facilities
and supply chains are resilient to climate impacts).
296 For additional information on the Green Chemistry Program, please visit: https://www.epa.gov/greenchemistry.
297 For additional information, please visit: https://www.epa.gov/greenchemistry/infoniiation-about-green-chemistry-challeiige.
298 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.
I V 20 r
I V 20IS
I V 201')
I V 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
No Target
Established
1.2
1.2
1.2
MMTC02e
Actual
1.7
1.6
1.5
1.4
l.i
Data Avail
10/2023
(PM P2sc) Number of products certified by EPA's Safer Choice program.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
1,950
2,000
2,100
Products
Actual
1,948
1,958
1,989
1,929
1,892
1,835
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$672.0) 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. It also includes support for critical
agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
(+$7,857.0 / 9 FTE) This program change is an increase for a new grant program supporting
small businesses with transitioning to TSCA compliant practices and with mitigation of
economic impacts. This includes $1,649 million in associated payroll and essential
workforce support costs.
(+$6,201.0/ 8.0 FTE) This program change is an increase supporting 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. This includes $1,466 million in
associated payroll and essential workforce support costs.
(+$1,292.0 / 1.0 FTE) This program change is an increase to implement the EPA Climate
Adaptation Action Plan, support increased resilience of EPA's programs, and strengthen
the capacity of states, tribes, territories, communities, and businesses to adapt to climate
change. This includes $192 thousand in associated payroll.
Statutory Authority:
Pollution Prevention Act of 1990 (PPA); Toxic Substances Control Act (TSCA).
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Science Policy and Biotechnology
Program Area: Legal / Science / Regulatory / Economic Review
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Ensure Chemical and Pesticide Safety
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Total Budget Authority
$1,185
$1,811
$1,627
-$184
Total Workyears
3.7
4.6
4.6
0.0
Program Project Description:
The Science Policy and Biotechnology Program provides scientific and policy expertise supporting
independent, external scientific peer review of matters related to pesticides and toxic substances,
including biotechnology. The Program primarily supports 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) established under the 2016
amendments to the Toxic Substances Control Act (TSCA). The FIFRA SAP and the SACC are
both statutorily mandated, chartered Federal Advisory Committees drawing from a balanced range
of non-EPA scientists and technical specialists from, for example, academia, other federal
government agencies, states, non-governmental organizations, and industry. These Committees
provide the EPA's Administrator independent advice and objective scientific peer review on the
technical aspects of pesticide and toxic substance issues as well as the science used to establish
guidelines and regulations, as requested. The scientific peer review conducted under this program
promotes coordination among EPA programs including but not limited to pesticides, toxic
substances, air, water, and research and development, facilitating coherent and consistent scientific
policy from a broad Agency perspective.
FY 2024 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 2024, the Science Policy and
Biotechnology Program will continue to support the peer review of the scientific and technical
issues associated with pesticide and chemical safety. In addition, other science policy issues will
be supported by the Program when decisions require expert scientific advice from an independent
scientific peer review panel (e.g., biotechnology and new approach methodologies).
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, farmworkers,
-------
pesticide applicators, sensitive and vulnerable populations, ecosystems, and the general public.
The scientific data involved in these decisions are complex. 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.
The FIFRA SAP conducts reviews each year on a variety of scientific topics. Specific topics to be
placed on the FIFRA 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 early FY 2023, EPA appointed two new members and reappointed one existing
member of the FIFRA SAP. One FIFRA SAP meeting is planned for late FY 2023. Consistent
with the FIFRA SAP Charter, EPA anticipates convening approximately five FIFRA SAP
meetings in FY 2024. These meetings will focus on the impact of pesticides on human 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 is a
critical component of EPA's use of the best available science to protect human health and the
environment.
The SACC conducts reviews each year on a variety of scientific topics. Similarly, 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. Two SACC
meetings are planned for mid- and late FY 2023. In addition, EPA anticipates appointing eight
new SACC members in late FY 2023. Consistent with the SACC Charter, EPA anticipates
convening approximately four to six SACC meetings in FY 2024. 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 2022-2024 committee charters,299 EPA anticipates
convening up to a total of nine to 11 meetings in FY 2024. 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.
299 For additional information, please visit: https://www.epa.gov/sap/fLfra-scientific-advisory-panel-charter and
https://www.epa. gov/tsca-peer-review/science-advisory-committee-chemicals-charter.
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Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$3.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
(-$181.0) This program change is a decrease that will reduce support of science advisory
committee oversight.
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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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Total Budget Authority
$85,218
$82,822
$130,711
$47,889
Total Workyears
291.0
360.8
534.8
174.0
Total program work in FY 2024 includes 83.0 FTE funded by TSCA fees. TSCA Service Fees are not included in the
budget formulation, but EPA is projected to collect $35.9 million in FY 2024 with the possibility of an additional
$1.49 million down payment collected for one TSCA Section 6 Manufacturer-Requested Risk Evaluation, should the
request be received and granted. Projected fee collections are subject to changes in the TSCA User Fee Rule, which
is required by statute 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 in or entering into commerce and addressing unreasonable risks to human
health and the environment. These responsibilities are executed by EPA through the Chemical
Risk Review and Reduction (CRRR) Program, which works to ensure the safety of:
Existing chemicals,300 by collecting chemical data, prioritizing chemicals for risk evaluation,
conducting risk evaluations, and developing and issuing risk management rules 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 plays an important role in achieving the Administration's goals to enhance
environmental justice (EJ) and to tackle the climate crisis. Examples include engaging
disadvantaged and vulnerable communities, including tribes, in identifying exposure pathways;
issuing proposed risk management regulations to ensure needed low-global warming potential
chemicals are available to manufacture refrigerants as the American Innovation and Manufacturing
(AIM) Act is implemented; incorporating into TSCA chemical risk evaluations the assessment of
risks to communities potentially facing disproportionate impacts from chemical exposure because
they are located near industrial activity; adhering to EPA's Guidance on Considering
300 "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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Environmental Justice During the Development of Regulatory Actions and TSCA's statutory
requirement to consider risks to potentially exposed and susceptible subpopulations;301 ensuring
that TSCA chemical safety data analytical tools are made publicly available in ways that are
accessible to vulnerable communities; and informing decision making that advances the
introduction of more environmentally sustainable chemicals into commerce.
All elements of EPA's implementation of TSCA, including new chemicals, existing chemicals,
and the information technology supporting those programs, also contribute to the Biden-Harris
Administration's Cancer Moonshot. While not all chemicals cause cancer, when information
indicates that cancer risk may be a concern, EPA's TSCA program evaluates and estimates the risk
of an individual getting cancer during their lifetime from exposure to the chemical. Where the
Agency finds that the risk is unreasonable, EPA establishes requirements and regulations to
eliminate the unreasonable risk.
TSCA authorizes EPA to collect fees from chemical manufacturers and processors to
defray up to 25 percent of the costs for administering certain sections302 of TSCA.303 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 first TSCA Fees
rule became effective on October 1, 20 1 8.304 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
January 2021, and in light of public comments supplemented the proposal in November
2022.305
EPA recently proposed revisions to the TSCA fees and expects to finalize the fees rule in 2023.
The rulemaking is intended to establish TSCA fees that would defray up to 25 percent of relevant
costs, as statutorily allowed,306 and consistent with direction by Congress that the Agency should
properly consider full costs in its rulemaking as intended by the Lautenberg Act.307
FY 2024 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.
301 For more information, please visit: https://www.epa.gov/enviromiientaljustice/guidance-consideriiig-enviromiiental-justice-
during-development-action.
302 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.
303 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.
304 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.
305 For more information on 87 FR 68647, please see https://www.epa.gov/tsca-fees/proposed-revisions-tsca-fees-rule.
306 This rule may not go into effect until FY 2024. https://www.federalregister.gOv/documents/2022/l 1/16/2022-24137/fees-for-
the-administration-of-the-toxic-substances-control-act-tsca
307 Joint Explanatory Statement from the Flouse and Division G - Department of Interior, Environment, and Related Agencies
Appropriations Act, 2022.
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In FY 2024, 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. The resources
requested 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 the statutory
timeframe.
Having up to five existing chemical risk evaluations requested by manufacturers in
development.
Issuing protective regulations in accordance with statutory timelines addressing all
unreasonable risks identified in each risk evaluation.
Establishing a pipeline of chemicals to be 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
collecting, reviewing, and synthesizing data for risk assessments in a transparent manner as
mandated by the 2016 TSCA Amendments.
Conducting risk assessments for approximately 550 new chemical notices and exemption
submissions and managing the identified risks associated with the chemicals.
Continuing to implement a collaborative research program focused on developing new
scientific approaches for performing risk assessments on new chemical substances.
Reviewing and making determinations on CBI claims contained in TSCA submissions; making
certain non-CBI information available to stakeholders; and publishing identifiers for each
chemical substance for which a confidentiality claim for specific chemical identity is approved.
Carrying out other required TSCA CRRR activities as described below.
Primary TSCA Implementation Activities
Section 4: Testing of Chemical Substances andMixtures. In January 2021, the Agency issued Test
Orders for nine additional chemicals currently undergoing TSCA risk evaluation and issued
additional Test Orders for eight of these chemicals in March 2022. In addition, EPA will continue
to implement and refine the National Per- and polyfluoroalkyl substances (PFAS) (PFAS) Testing
Strategy in FY 2024. EPA issued the first Test Order for a PFAS in June 2022 and the second in
January 2023. EPA will continue to refine and implement the National PFAS Testing Strategy and
issue additional Test Orders for PFAS chemicals in FY 2024. In parallel with the Test Order
approach, EPA has requested voluntary submission of PFAS test data. In FY 2024 EPA intends to
refine the initial structural categories developed by EPA's Office of Research and Development
(ORD) to incorporate additional substances as appropriate and consider physical-chemical
properties. In FY 2024, the resources requested will support Agency review of test protocols
review of test data submitted voluntarily or in response to Test Orders, Test Rules, and Enforceable
Consent Agreements (ECAs); initial implementation of additional phases of the National PFAS
Testing Strategy; and issuance of additional Test Orders.
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
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the way EPA implemented the New Chemicals Program. Under the prior law, EPA only issued
formal written unreasonable risk 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 2024, the Agency expects to
conduct risk assessments for approximately 550 new chemical notices and exemption
submissions;308 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); require development of additional
data where information is insufficient to conduct a reasoned evaluation and then evaluate such data
received.309 The Agency also will conduct a similar effort on notices received in previous years
that are not yet complete. In FY 2024, EPA will continue to implement innovative approaches to
add consistency and efficiency to new chemical submission reviews for categories such as biofuels
and mixed metal oxides and to develop new streamlined approaches. Additionally, the Agency
will continue to support outreach to submitters on how to provide the most complete submissions
to enable timely reviews. EPA also intends to continue its commitment to transparency by making
information generated in the review of notices available to the public via the ChemView database310
and on EPA websites to include TSCA Sections 5 and 8(e) data, CDR 2020 data, TSCA section
5 communications from submitters received via CDX, Notice of Commencement (NOC) data and
TSCA section 4 data.
In FY 2024, EPA expects to finalize SNURs associated with approximately 150 consent orders
previously issued for PFAS. Issuance of the SNURs will ensure that companies that are planning
a significant new use beyond those allowed for the PFAS must notify EPA, and EPA will then
have the chance to conduct a risk assessment of the new use and impose any needed restrictions
before it is allowed into commerce. Additionally, EPA is implementing a performance metric to
measure compliance with past TSCA regulatory actions, including consent orders and SNURs
issued for PFAS. The new chemicals program also expects to continue implementing the policy of
generally denying Low Volume Exemptions (LVEs) submitted for PFAS and requiring testing in
Consent Orders for PFAS, as needed.
The New Chemicals Program will also continue implementation of its PFAS LVE Stewardship
Program to encourage industry to voluntarily withdraw LVEs for PFAS already granted under the
exemption. Furthermore, EPA expects to issue a final rulemaking amending TSCA section 5
procedural regulations to better align with the 2016 Lautenberg Amendments. EPA also will
continue to make strides in its efforts to revise hundreds of critical high-priority standard operating
procedures (SOPs) and science policies to increase consistency and ensure protection of human
health and the environment when conducting new chemical reviews.
The New Chemicals Program has developed and implemented new strategies that will standardize
new chemical review and risk management approaches to support the Administration's climate
308 New chemical submissions may include 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.
309 For PMNs, MCANs, and SNUNs, as required by law, the Agency must generally complete the review, determination, and
associated risk management activities within 90days of receiving the submission, subject to extensions or suspension under certain
circumstances.
310 To access ChemView, please visit: https://chemview.epa.gov/chemview.
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adaptation goals. Under the Office of Chemical Safety and Pollution Protection's Climate
Adaptation Plan, goals and priorities have been established to take actions that directly support
climate adaptation related to new chemistries and innovative technologies or other related
processes. For biofuels, the program has developed a robust, consistent, and efficient process to
assess the risk and apply mitigation measures for substitutes to petroleum-based fuels and fuel
additives, with focus to support qualifying advanced biofuels that could contribute to the annual
volume mandates under the EPA's Renewable Fuel Standard (RFS) program and help support the
goals of energy security through increasing domestic production within the United States.
In addition, EPA developed a standardized risk assessment and risk management approach for
mixed metal oxides (MMOs), which include new and modified cathode active materials (CAMs),
which are a key component in lithium-ion batteries used in electric vehicles. MMOs also have
applications in semi-conductors and renewable energy generation and storage, such as solar cells
and wind power turbines. Both efforts support the Biden-Harris Administration's agenda to tackle
the climate crisis and will complement resources provided to EPA from legislative enactments
such as clean energy initiatives under the Inflation Reduction Act, tax credits for electric vehicles,
and the Bipartisan Infrastructure Law.
Section 6: Existing Chemicals. TSCA requires a continuing process of identifying existing
chemicals for evaluation to identify unreasonable risks and, 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 2024 are critical for the Agency to
continue implementing these additional requirements to prioritize, evaluate, and address the risks
of existing chemicals, including:
Prioritization. The initial step in the process of evaluating existing chemicals under TSCA,
prioritization is codified in a final Chemical Prioritization Process rule.311 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.312'313 TSCA
requires that upon completion of a risk evaluation for a High-Priority substance (HPS), EPA
must designate at least one additional HPS to take its place, ensuring that at least 20 EPA-
initiated risk evaluations are constantly underway. In FY 2024 EPA will continue working to
identify additional HPS supported 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.
EPA missed the statutory deadline for completing TSCA risk evaluations for nine of the
chemicals, and work on many of those chemical risk evaluations has continued.314 In FY 2021
311 For additional information, please visit: https://www.regulations.gov/document?D=EPA-HO-OPPT-20 1.6-0636-0074.
312 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/assessiiig-and-iiianagiiig-chemicals-under-tsca/chemical-substances-undergoiiig-prioritization-high.
313 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.
314 EPA revised its risk determinations for 8 of the first 10 chemicals to reflect EPA's unreasonable risk finding on the chemical
substance as a whole, rather than on individual conditions of use; in addition, the revised risk determinations do not assume that
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and FY 2022, EPA developed approaches for the consideration of exposure pathways {i.e., air,
water, disposal) that were originally omitted from the scopes of the HPS and Manufacturer-
Requested Risk Evaluations (MRREs) and to address "fenceline" risk (risks to exposed
populations in communities adjacent to the perimeter of manufacturing facilities, often
vulnerable and underserved populations) for seven of the first 10 chemical risk evaluations.
This work added to the challenge of completing additional risk evaluations, and in FY 2024
this work will continue, incorporating exposure to "fenceline" communities into the next 20
chemical evaluations initiated in December 2019 and currently underway.315 EPA released
final revised risk determinations for HBCD, PV29, methylene chloride, PCE, NMP, 1-BP,
carbon tetrachloride, and TCE. The final revised risk determinations found that these chemicals
present an unreasonable risk of injury to human health or the environment when evaluated
under their conditions of use. EPA intends to revise its 2017 risk evaluation procedures rule to
better align with statutory language, court decisions, and executive orders; build on the
agency's experience with its first 10 risk evaluations; and increase program clarity,
transparency, sustainability, and flexibility.
EPA initiated risk evaluations for the first set of 20 High-Priority chemicals in December
2019.316 On September 4, 2020, EPA released final scoping documents for these chemicals.317
Because of shifts in policy and resource constraints, EPA did not meet the December 2022
statutory deadline for completing these risk evaluations. In addition, in June 2022 EPA issued
the final scope document for "Asbestos Part 2: Supplemental Evaluation Including Legacy
Uses and Associated Disposals of Asbestos." EPA also is developing a supplement to the 1,4-
dioxane risk evaluation to assess pathways and exposures not addressed in the risk evaluation.
The Agency is expanding the focus of the risk evaluations to ensure that exposure pathways
affecting the general public, "fenceline" communities, and disadvantaged 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 (a term
defined in the statute), including environmental justice considerations, as a result of
engagement with overburdened communities through mechanisms including the National
Tribal Operations Committee (NTOC)318 and the National Tribal Toxics Council (NTTC).319
workers always and appropriately wear personal protective equipment (consideration of PPE will be part of risk management).
EPA also 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 risk evaluation for one chemical due to omission of exposure pathways, and, in part as a result of litigation
against the Agency, and is conducting a second risk evaluation for asbestos to include types and uses that were excluded from the
first one.
315 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.
316 For additional information, please visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/chemical-
substances-undergoing-prioritization-high.
317 For additional information, please visit: https://www.epa.gov/chemicals-under-tsca/epa-releases-flnal-scope-documents-and-
list-businesses-subject-fees-next-20.
318 For additional information on NTOC, please visit: https://www.epa.gOv/tribal/tribal-partnership-groups#ntoc.
319 For additional information on NTTC, please visit: https://www.epa.gov/chemicals-under-tsca/national-tribal-toxics-council-
nttc-technical-support-request-applications.
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In addition, manufacturers may submit requests to EPA to evaluate specific additional
chemicals. The first two 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 2023 and are for chemicals that were on the 2014 TSCA Work Plan.320 The resources
requested for FY 2024 will support efforts to meet statutory mandates and other requirements
related to the evaluation of existing chemicals while maintaining EPA'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 actions under TSCA Section 6(a) to address the
unreasonable risks. EPA commenced development of risk management actions in FYs 2020
and 2021 to address unreasonable risks identified for the first 10 chemicals evaluated under
TSCA Section 6. On April 5, 2022, EPA released a proposed rule to ban chrysotile asbestos,
the only known form of asbestos currently imported into the United States. Chrysotile asbestos
is found in products such as asbestos diaphragms, sheet gaskets, brake blocks, aftermarket
automotive brakes/linings, other vehicle friction products, and other imported gaskets. In FY
2023, EPA will finalize the asbestos rulemaking action. By the end of the first quarter of FY
2024, EPA plans to issue proposed TSCA section 6 rules for six chemicals. Later in FY 2024,
EPA plans to propose additional rules and continue work on final rules for actions proposed in
FY 2022 and FY 2023.321 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.322
TSCA also mandates 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.323 EPA issued five final rules for PBTs in January 2021. EPA requested
and received comments on the January 2021 PBT rules and in September 2021 announced its intent
to initiate a new rulemaking to further reduce exposures, promote environmental justice, and better
protect human health and the environment, as well as implementation changes that may need to be
made to current exclusions. EPA anticipates proposing new rules for certain of these PBTs in FY
2023, with finalization anticipated in FY 2024.
In addition, risk management actions for existing chemicals under TSCA Section 5 are ongoing.
EPA expects to propose SNURs in FY 2023 for discontinued uses of the 20 high-priority
substances (HPS) undergoing risk evaluation. When final, these rules will ensure that any phased-
out uses of the 20 HPS cannot resume without EPA review and action, as necessary, to protect
health and the environment from potential unreasonable risks. EPA is also issuing a proposed
SNUR for inactive PFAS to ensure these uses cannot restart without prior EPA risk assessment
and action, as necessary, under section 5. The inactive PFAS notice of proposed rulemaking
(NPRM) was signed on January 17, 2023.
320 See https://www.epa.gov/assessiiig-and-iiianagiiig-chemicals-under-tsca/tsca-work-plan-chemicals.
321 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 with key stakeholders and participation in events
such as conferences and trade association meetings where EPA and stakeholders can share information.
322 For additional information, please visit: https://www.epa.gov/environmentaljustice/technical-guidance-assessing-
environmental-justice-regulatory-analysis.
323 TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Section 6(h) (1) and (2).
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Section 14: Confidential Business Information. EPA is required under TSCA Section 14 to review
and make determinations on CBI claims contained in TSCA submissions; to process requests from
TSCA submitters and to make certain CBI information available to states, tribes, health and
medical professionals, and first responders under defined circumstances; and to assign and publish
unique identifiers for each chemical substance for which a confidentiality claim for a specific
chemical identity is approved. In FY 2024 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 1,500 new cases and approximately 1,500 chemical identity claims made in existing
Notice of Activity reports under the 2017 TSCA Inventory Notification (Active-Inactive)
Requirements rule.
These reviews are expected to be conducted in accordance with new and updated procedures and
with reporting and communications tools developed in the new CBI procedures rule, which is
expected to be final in FY 2023. The same rule will provide the regulatory infrastructure necessary
to develop further internal procedures and reporting tools to support the review of expiring CBI
claims, beginning in FY 2026.
TSCA Information Technology (IT) and Data Tools Infrastructure. IT systems development and
maintenance will continue in FY 2024 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, to increase internal EPA access to data relevant to chemical assessments, and
to 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 ChemView,324 continuing to increase transparency, and
expanding the information ChemView makes available to the public, including newly
completed chemical assessments, worker protection information, and other new data reported
to EPA under TSCA.
Continuing TSCA CBI LAN network and Chemical Information System stabilization and
modernization efforts.
Implementing TSCA depends on the collection and availability of information on chemicals from
a wide variety of public and confidential sources. 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 making the data received under TSCA
available in structured and consistent formats. The funding requested will support the following
activities: advancing 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
324 For additional information, please visit: https://www.epa.gov/assessing-and-maiiaging-chemicals-under-tsca/iiitroduction-
clieniview.
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publication; making progress toward the development of a framework for enabling CIS 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 them in ChemView; and initiating
digitization of legacy documents.
Chemical Data Management Modernization. The international regulatory community has been
moving toward 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 initiated the
process to incorporate IUCLID template structures into OPPT's CBI LAN, but resource constraints
have limited EPA's implementation and adoption of IUCLID. With increased resources in FY
2024, the TSCA program will continue to collaborate with ORD to implement a IUCLID instance
in its CBI LAN 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 of data on chemicals, resulting in significant time and cost savings.
Collaborative Research Program to Support New Chemical Reviews.325 In FY 2024 EPA will
continue to develop and implement a multi-year collaborative research program in partnership with
ORD and other federal agencies. This collaboration is focused on developing new science
approaches for performing risk assessments on new chemical substances under TSCA. The effort
is expected to bring innovative science to new chemical reviews; modernize the approaches used;
increase the transparency of the human health and ecological risk assessment process; and expand
utilization of current information technology tools and databases. The resources requested for FY
2024 will allow EPA to accelerate implementation of the collaborative research program, including
application of new approach methodologies (NAMs) and 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 326 In FY 2024 EPA plans
to propose a rule that expands reporting requirements for chemicals that are candidates foror
selected ashigh-priority substances. The purpose is to acquire the most relevant and applicable
data that will support risk evaluation. In FY 2024, EPA plans to finalize the Rule after responding
to comments on the proposed Rule and modifying certain CDR requirements. Additionally, EPA
325 See. https://www.epa.gov/newsreleases/epa-amomces-colkborative-research-program-support-new-chemical-reviews.
326 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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will update existing CDR guidance documents, refine the CDR reporting tool, and address
questions from the reporting community ahead of the CDR cycle occurring in FY 2024.
Other Section 8 Activities. In FY 2024 EPA will analyze 300 Substantial Risk (Section 8(e))
Notifications submitted by industry327 and continue issuing other data gathering rules to obtain
data needed for Section 6 prioritization and risk evaluations. Also in FY 2024, EPA will continue
to implement the data request under the section 8(a) asbestos reporting rule and section 8(a)(7)
PFAS reporting rule, both of which will have been finalized in 2023. EPA continues to develop
and test the reporting tools for each of these rules ahead of their respective data submission periods.
PFAS Roadmap Support. PFAS has been manufactured and used in a variety of industries globally
since the 1940s, and they are still being used today. FY 2024 work will include continuing to
implement the 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;
implementing a new PFAS reporting rule; and leading the development of a voluntary PFAS
Stewardship Program. The Notice of Proposed Rulemaking (NPRM) for the inactive PFAS was
signed on January 17, 2023. The funding requested in the FY 2024 budget request will allow EPA
to improve the Agency data submission process for test data and ensure early engagement with
Test Order recipients and, where there is interest expressed, with other key stakeholders to
facilitate robust data collection. The requested funding also will allow EPA to 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; to integrate submitted data into
systematic review databases; and to 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; to develop outreach and technical
assistance materials to prevent or reduce exposure to PCBs; and to conduct risk evaluation of PCB
exposure at local sites.
Mercury. In FY 2024 EPA will maintain the Mercury Electronic Reporting Application328 and
conduct outreach to stakeholders on reporting requirements. EPA also will continue work under
the Mercury Export Ban Act and amendments related to prohibiting export of certain mercury
compounds and to supporting 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
2024 update to the national mercury inventory and consider recommending actions to further
reduce mercury use.
327 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.
328 The Mercury Electronic Reporting application is an electronic reporting interface and database within the Central Data Exchange
(CDX).
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TSCA Citizen Petitions. In FY 2024 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 a total of 29 TSCA section
21 petitions since September 2007. 11 of those petitions have been submitted since enactment of
the Frank R. Lautenberg Chemical Safety for the 21st Century Act.329
Formaldehyde Standards for Composite Wood Products. In FY 2024 EPA will continue
implementing regulations under the TSCA Title VI Formaldehyde Standards for Composite Wood
Products Act (Public Law 111-199), which established national emission standards for
formaldehyde in new composite wood products.330 In February 2023, EPA published a final rule
providing technical updates to voluntary consensus standards cross-referenced in the
Formaldehyde Emissions Standards for Composite Wood Products rule.^7
TSCA User Fees. TSCA section 26 authorizes EPA to collect user fees to offset 25 percent of the
Agency's full costs for implementing TSCA sections 4, 5, 6, and 14.332 In FY 2021 EPA collected
$28.6 million: $3.3 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.333 EPA's FY 2021 collections were as follows:
TSCA Section
Amount Collected
Section 5
$3.3 million
Section 6 EPA-Initiated Risk Evaluations
$24.05 million
Section 6 MRREs
$1.25 million
Total
$28.6 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 inaccessible to EPA until FY 2022. EPA will
apportion FY 2021 section 6 collections over the risk evaluation lifecycle (3.5 years). In FY 2022
EPA collected approximately $5.1 million334 and is projected to collect $5.23 million in FY
20 2 3 335 and $35.9 million in FY 2024336. Projected collections also are subject to potential changes
in fee levels, which are required to be updated every three years under TSCA.337 EPA proposed
revisions to the fee rule in January 2021. Based on public comments received on the proposed rule,
329 For additional information, please visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-section-21.
330 For additional information, please visit: httpi//www2.epa.gov/foinialdeliyde/foiinaldehyde-aiiission-slandards-coiiiposite-
wood-nroducLs-
331 See https://www.federalregister.gov/documents/2023/02/21/2023-Q3444/voluntary-consensus-standards-update-
formaldehyde-emission-standards-for-compo site-wood-products
332 TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Section 26(b) (1) and (4).
333 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.
334 $1.46 million from the remaining Section 6 EPA-Initiated Risk Evaluations invoices, $3.5 million from Section 5
submissions, and $88,200 thousand from Section 4 Test Order submissions.
335 $3.65 million in Section 5 submissions, $93.2 thousand from Section 4 Test Order invoices, and an additional amount from
one TSCA Section 6 Manufacturer-Requested Risk Evaluation at $1.49M if the MRRE request is granted.
336 $3.8 million in Section 5 submissions and $32.1 million from the next round of Section 6 EPA-initiated chemical risk
evaluations.
337 For additional information, please visit: https://www.epa.gov/tsca-fees/fees-administration-toxic-substances-control-act.
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as well as stakeholder engagement and EPA's continued experience in implementing the 2018 Fee
Rule, the Agency issued a supplemental notice of proposed rulemaking in November 2022 that
adds to and modifies this earlier proposal. EPA intends to finalize the rule in late FY 2023 or early
FY 2024.
Cumulative risk methodologies. EPA is developing aggregate exposure and cumulative risk
approaches to characterizing chemical exposure and risk in risk evaluations under TSCA. In FY
2024 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 in risk evaluations.
Develop approaches to identify co-exposure to chemicals to inform prioritization and to
determine when cumulative assessments should be considered for relevant chemicals.
Apply, where appropriate and feasible, approaches for conducting aggregate exposure and
cumulative risk assessments.
Evaluate applicability and feasibility of using biomonitoring data in risk evaluations.
To begin integrating cumulative assessment into the TSCA program, in May 2023 EPA plans
to release for public comment and SACC peer review a cumulative risk assessment framework,
with phthalate chemicals as a case study.
In FY 2023, EPA will release for public comment and SACC peer review a 1,4-dioxane risk
evaluation supplement that advances the Agency's use of aggregate exposure and fenceline
analysis in its TSCA chemical evaluation program.
Develop and revise exposure and hazard models.
Support for scientific and other publications.
Continuous Improvement of TSCA Implementation. In FY 2024 the Agency will continue to
monitor and evaluate its progress related to core responsibilities under TSCA, such as completing
all EPA-initiated risk evaluations and associated risk management actions for existing chemicals
within statutory timelines. In addition, EPA will continue to reduce the backlog and work towards
meeting the applicable review period of 90 days for Section 5 new chemicals submissions (such
as PMNs, MCANs, and SNUNs). EPA also will undertake other forms of assessment and data
gathering in FY 2024. Based on experience and chemical-specific information EPA will continue
to apply fit-for-purpose application of systematic review to support TSCA risk evaluations.
Performance Measure Targets:
(PM TSCA4) Number of HPS TSCA risk evaluations completed within statutory timelines.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
0
0
7
Evaluations
Actual
1
0
0
(PM TSCA5) Percentage of existing chemical TSCA risk management actions initiated within 45 days of the
completion of a final existing chemical risk evaluation.
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I V 20 r
I V 20IS
I V 201')
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
loo
100
100
Percent
Actual
\ \
Numerator
Actions
Denominator
(PM TSCA6a) Percentage of past TSCA new chemical substances decisions with risk management actions
reviewed.
I V 201"'
I V 20IS
I V 201')
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
5
25
30
Percent
Actual
\ \
Numerator
Decisions
Denominator
(PM TSCA6b) Percentage of TSCA new chemical substances with risk management actions reported to the
2020 CDR reviewed for adherence/non-adherence with TSCA Section 5 risk management actions that are
determined to adhere to those requirements.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
\ \
25
30
Percent
Actual
\ \
Numerator
Substances
Denominator
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$7,965.0) 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. It also includes support for critical
agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
($39,924.0 /+112.5 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 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 program change will also support an
agencywide multi-year collaborative research program for new chemicals that is focused
on modernizing the process and incorporating scientific advances in new chemical
evaluations under TSCA. This investment includes $20,971 million in associated payroll.
Statutory Authority:
Toxic Substances Control Act (TSCA).
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Toxic Substances: Lead Risk Reduction Program
Program Area: Toxics Risk Review and Prevention
Goal: Ensure Safety of Chemicals for People and the Environment
Objective(s): Ensure Chemical and Pesticide Safety
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 12.404
SI4J5V
S 14.43'
.S "V
Total Budget Authority
$12,404
$14,359
$14,437
$78
Total Workyears
56.1
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.338
This program thereby plays an important role in achieving the Administration's goals to enhance
environmental justice (EJ) and equity by:
Implementing standards governing lead paint hazard identification and abatement practices.
Identifying and providing access toa national pool of certified firms and individuals 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.339'340
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 34.6 million homes in the U.S. have LBP and that 29 million homes have significant LBP
hazards.341 Children living at or below the poverty line who live in older housing are at greatest
338 Childhood blood lead levels (BLL) have declined substantially since the 1970s, due largely to the phasing out of lead in
gasoline and to the reduction in the number of homes with lead-based paint hazards. The median concentration of lead in the
blood of children aged 1 to 5 years dropped from 15 micrograms per deciliter in 1976-1980 to 0.7 micrograms per deciliter in
2013-2014, a decrease of 95%. See. America's Children and the Environment (EPA, 2019), found at:
https://www.epa.gov/americaschildrenenviromnent.
339 Centers for Disease Control and Prevention, Blood Lead Levels in Children, found at:
http://www.cdc.gov/nceh/lead/prevention/blood-lead-levels.htm.
340 America's Children and the Environment (EPA, 2019), found at: https://www.epa.gov/americaschildrenenvironment.
341 See. American Healthy Homes Survey II Lead Findings (HUD, 2021), found at:
https://www.hud.gov/sites/dfiles/HH/documents/AHHS_n_Lead_Findings_Report_Final_29oct21.pdf.
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risk. Additionally, some racial and ethnic groups and those living in older housing are
disproportionately affected by LBP.342
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 Strategy to Reduce
Lead Exposures and Disparities in U.S. Communities,343
FY 2024 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.
Renovation. Repair and Painting Program
In FY 2024 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 facilities344 and to advance EPA's EJ goals. Fifteen 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 October
2022, there were 299 accredited RRP training providers and almost 56,000 certified renovation
firms. In FY 2022, about 31 percent of renovation firms with expiring certifications were
recertified before their certifications expired.
DLHS. Definition of LBP. DLCL. and Public and Commercial Buildings (P&CBs)
As a result of a May 2021 decision by the U.S. Court of Appeals for the Ninth Circuit, the dust-
lead hazard standards (DLHS), the definition of LBP, and the dust-lead clearance levels (DLCL)
regulations have been identified by the Administration as rules to reconsider.345 FY 2024 funding
will enable EPA to finalize 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 commercial 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,
342 Among children ages 1 to 5 years in families with incomes below poverty level, the 95thpercentile BLL 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 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/americaschildrenenvironment.
343 Strategy to Reduce Lead Exposures and Disparities in U.S. Communities (EPA, 2022) found at
https://www.epa.gov/system/files/docunieiits/2022-ll/Lead%20Strategy_l.pdf.
344 For additional information, please visit: https://www.epa.gov/lead/lead-renovation-repair-and-paintiiig-program.
345 For additional information, please visit: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/14/19-71930.pdf.
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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. The DLHS
defines hazardous levels of lead in residential paint, dust, and soil, and post abatement clearance
levels for lead in interior house dust.
As resources allow, EPA will conduct technical analyses and rulemaking efforts to address issues
related to preventing childhood lead poisoning, revising the soil-lead hazard standards (SLHS);
and continuing work to identify and subsequently address LBP hazards identified in public and
commercial buildings. 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. In collaboration with the Department of Housing and Urban Development (HUD), EPA
will 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 2024 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. Because low-income, minority
children are disproportionally vulnerable to lead exposure, 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 2024 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
to work toward addressing the historic and persistent disproportional vulnerabilities of certain
racial, low-income, and overburdened and underserved communities. Additionally, the Agency
will 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 2024 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 exposure and lead
poisoning. 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, by increasing the number of RRP certified contractors and by providing community
leaders a means to educate their own communities about lead hazards, reducing and preventing
potential exposure to lead, and the importance of hiring certified lead professionals. This initiative,
in combination with other regional outreach, is designed to reduce harm to children from exposure
to lead in underrepresented and underserved communities disproportionately affected by lead
-------
exposure, including a focus on low income, overburdened, underserved, and tribal communities.
The Agency will continue to provide multimedia outreach for the National Lead Poisoning
Prevention Week, a collaboration with the Centers for Disease Control (CDC) and HUD. Actions
include formal announcements, social media, web revisions, and other outreach. Finally, EPA will
continue to provide support to the National Lead Information Center (NLIC) to disseminate
information to the public.346
Performance Measure Targets:
(PM RRP30) Percentage of lead-based paint RRP firms whose certifications are scheduled to expire that are
recertified before the expiration date.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
32
33
34
Percent
Actual
18
17
19
40
36
31
Numerator
1,793
1,134
1,185
9,006
6,524
2,874
RRP Firms
Denominator
9,851
6,855
6,091
22,384
18,158
9,423
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$875.0) 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. It also includes support for critical
agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted
Vetting 2.0.
(-$797.0) This program change is an offset to contracts for the increase in payroll fixed
costs.
Statutory Authority:
Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq. - Sections 401-412.
346 For additional information, please visit: https://www.epa.gov/leacl/forms/lead-hotliiie-iiatioiial-lead-infoniiation-center.
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Underground Storage Tanks (LUST/UST)
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LUST / UST
Program Area: Underground Storage Tanks (LUST / UST)
Goal: Safeguard and Revitalize Communities
Objective(s): Clean Up and Restore Land for Productive Uses and Healthy
Communities, Reduce Waste and Prevent Environmental Contamination
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
si i. sir
S 12.1121
S N.-/5I
S 2.-I3II
Leaking Underground Storage Tanks
$9,707
$9,991
$14,665
$4,674
Total Budget Authority
$21,512
$22,012
$29,116
$7,104
Total Workyears
87.8
97.9
108.6
10.7
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 states347 and tribes with technical assistance and guidance and directly funds 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,348 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.349
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
347 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.
348 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/.
349 U.S. EPA, Office of Land and Emergency Management 2021. Data collected includes: 1) UST information as of late-2018 to
mid-2019 depending on the state from ORD & OUST, UST Map,
https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=b03763d3f2754461adfB6fl21345d7bci and 2) population data
from the 2015-2019 American Community Survey.
-------
been supporting states in these efforts. Between 2008 and 2022, the number of annual confirmed
releases has decreased by 38 percent (from 7,364 to 4,568).350
An 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.351 This evidence supports the data trends the Agency witnessed: compliance rates rose
notably after fully implementing the three-year inspection requirement.
FY 2024 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 two percent of the Nation's 125,000 retail fuel locations have the
appropriate equipment to store higher blends of ethanol, which means that the remaining UST
systems will need some level of upgrade before they can safely and legally store El 5. This could
pose a greater risk of an accidental fuel release in nearby communities. To help address this, EPA
is requesting approximately $2.3 million and 5.0 FTE to establish a targeted, national program to
improve the compatibility of UST systems with E15 in fenceline communities where E15 is more
prevalently used.
Requested resources will be used to:
Conduct outreach and education to UST owners to ensure they both understand the
regulatory requirements to store El 5 and the technical process they can use to determine
their compatibility in complying with those requirements so they can safely store El5; and
Hire staff to support state inspection programs and to conduct direct El 5 compliance
inspections in Indian Country.
Additionally, in FY 2024, 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.
350 For more information, please refer to https://www.epa.gov/system/files/documeiits/2021-l l/ca-2 l-34.pdf.
351 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.
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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 states, tribes, 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.352
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 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$171.0) 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.
(+$2,259.0 / +5.5 FTE) This program change requests additional FTE to conduct direct
El5 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 $1.0 million for payroll.
352 For more information, please refer to: www.epa.gov/ust/emerging-fuels-and-underground-storage-tanks-usts#tab-3
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Statutory Authority:
Resource Conservation and Recovery Act §§ 8001, 9001-9011.
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Water Ecosystems
-------
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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S3 3. V5S
S-t 0,000
S32.51-!
-S'.-ISf)
Total Budget Authority
$33,958
$40,000
$32,514
-$7,486
Total Workyears
36.0
36.9
36.9
0.0
Program Project Description:
The National Estuary Program (NEP)/Coastal Waterways Programs work to restore the physical,
chemical, and biological integrity of estuaries of national significance and coastal watersheds by
protecting and restoring water quality, habitat, and living resources.353
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 storms
that result in billion-dollar damages 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.354 The economic value
of coastal recreation in the U.S. - for beachgoing, 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.355
Wetlands also protect coastal property, providing a buffer against storms, floods, and high waves.
They stabilize shorelines, prevent land from eroding, and provide carbon sequestration. The storm
damage mitigation services provided by wetlands are valued at over $23 billion dollars annually.
The NEP has collectively protected and restored over 2.6 million acres of habitat within 28
estuaries of national significance since 2000. Most of these acres are wetland habitat providing the
benefits described above to coastal watersheds and their communities stretching across 39 percent
of U.S. shoreline miles and containing 24 percent of the U.S. population. NEPs do this by working
collaboratively and proactively with local governments and other partners through broad networks
and leveraging other sources of funding.
353 For more information, please visit https://www.epa.gov/nep.
354 For more information, please visit https://www.fisheries.noaa.gov/national/habitat-conservation/estuary-habitat.
355 For more information, please visit https://www.fisheries.iioaa.gov/iiatioiial/habitat-coiiseii/atioii/coastal-wetlaiids-too-
valuable-lose.
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FY 2024 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 2024, 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, estuarine,
and inland freshwater ecosystem needs. On average, NEPs leverage more than $ 17 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 each NEP's Comprehensive Conservation and Management Plan,
conducting and 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;
These resources provide capacity to support NEP programs that address priority issues such
as nutrient management, habitat protection and restoration, water quality, green
infrastructure, and marine litter. Throughout the NEPs' work, the program is seeking to
prioritize climate adaptation and resiliency and greenhouse gas mitigation co-benefits
through blue carbon measures, and equitably distribute federal investments and their
benefits, including to disadvantaged communities. NEPs will continue to develop and
implement climate adaptation and resiliency strategies, engage and educate stakeholders,
and implement collaborative projects with regional, state, and local partners;
Funding will also support the NEPs in developing the skills and capacity to integrate
environmental and climate justice into their guiding documents and daily operations. These
activities will benefit disadvantaged communities and help achieve the goals of the
Administration's Justice40 initiative; and
Conduct Program Evaluations to assess how the NEPs are making progress in achieving
programmatic and environmental results through implementation of their Comprehensive
Conservation and Management Plans. The evaluation process has proven to be an effective,
interactive management process that ensures national program accountability and
transparency, while incorporating local priorities and considerations. It also demonstrates
the value of federal investment in estuarine and coastal watershed restoration and
protection at the local and regional levels.
The FY 2024 request includes $2.5 million for the NEP Coastal Watersheds Grant program. FY
2024 funding will be used to reinvigorate the Climate Ready Estuaries (CRE) program356 and other
important coastal program activities, including restoration and protection of coastal wetlands (e.g.,
avoiding and removing tidal restrictions). CRE develops resources and provides technical support
to NEPs and other coastal community leaders and advises on coastal climate resiliency nationally.
356 For more information, please visit: https://www.epa.gov/cre.
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EPA will continue to work with other federal agencies, states, and tribes to assess challenges such
as increasing temperatures and ocean and coastal acidification and identify opportunities to
implement actions to mitigate the effects of ocean acidification.
EPA continues to work with states, tribes, trust territories, NEPs, and Federal agencies to
implement the National Aquatic Resource Survey (NARS) in coastal/estuarine waters. In FY 2023,
the NARS coastal survey will complete analysis and interpretation of the sample results and share
them with state and tribal partners. The web-report and results dashboard for the 2020 National
Coastal Condition Assessment will be released in late FY 2023. In FY 2024, EPA will initiate
planning activities with our partners for the 2025 National Coastal Condition Assessment.
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.
The Hypoxia Task Force is developing basin-wide metrics, while Task Force member states are
using Infrastructure Investment and Jobs Act resources to implement nutrient reduction strategies,
partner with land grant universities, report on measures to track progress, and identify a need for
adaptive management. Excessive nutrients can have both ecological and human health effects. For
example, high nitrate levels in drinking water have been linked to serious illness.357 In addition to
the public health risks, there are considerable economic costs from impaired drinking water. State
support for effective nutrient reduction in the 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.
The Infrastructure Investment and Jobs Act (Public Law 117-58) includes $38.4 million for this
program in FY 2024.
Performance Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$379.0) 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.
357 For more information, please visit: National Service Center for Environmental Publications.
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(-$7,865.0) This program change reduces the resources available for this program. Significant
additional funding for these activities is available in FY 2024 through the Infrastructure
Investment and Jobs Act.
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; 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; Marine Debris Research, Prevention and Reduction Act of 2006; Marine Plastic Pollution
Research and Control Act of 1987, and the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 note).
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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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 2 I.I V.I
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Total Budget Authority
$21,103
$21,754
$26,671
$4,917
Total Workyears
116.4
118.4
138.0
19.6
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 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 (USACE) or
authorized states; engaging and partnering with US ACE, 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, including 404 program assumption and 401 water quality
certification; and providing technical assistance to the public on wetland management and legal
requirements.
FY 2024 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.
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 US ACE in the CWA Section 404
permitting program. In addition, EPA will 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 404.358 EPA engages in the CWA
358 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
the 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. EPA will perform its CWA responsibilities
to support new infrastructure projects funded through the Infrastructure Investment and Jobs Act
of 2021. 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 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 2024, 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 to build internal capacity through trainings and improve efficiencies in
federal CWA Section 404 permitting to help with reducing potential costs and delays; increasing
consistency and predictability; improving protection of public health and the environment,
including assessing climate impacts and impacts to disadvantaged communities; and ensuring
permit decisions are legally defensible.
EPA also will continue carrying out its responsibilities as a member of the Gulf Coast Ecosystem
Restoration Council authorized under the Resources and Ecosystem Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States (RESTORE) Act, and as a Natural
Resource Damage Assessment (NRDA) Trustee for the Deepwater Horizon oil spill under the Oil
Pollution Act (OP A). Under CWA Section 404, the RESTORE Act, and OP A, EPA's
responsibilities include timely, environmentally sound, and compliant implementation of National
Environmental Policy Act (NEPA) review and associated permitting. Under NRDA, EPA is a
cooperating or lead federal agency for NEPA on all Deepwater Horizon Trustee Implementation
Group restoration plans and ensures the appropriate level of NEPA analysis is integrated into those
referenced restoration plans. EPA's RESTORE responsibilities include NEPA analysis for projects
that the Council assigns to EPA. As a NRDA Trustee, EPA undertakes mandatory independent
third-party financial audits every three years to ensure accountability regarding the use of funds
provided under a 2016 consent decree.359 The first independent third-party financial audit was
initiated in FY 2018 and concluded in FY 2020 with no negative findings. The second audit was
initiated in FY 2021 and concluded in FY 2022 with no significant findings. EPA anticipates
initiating its third audit in late FY 2023.
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 the
administration of the CWA Section 404 (g) program. EPA intends to finalize a regulation in FY
2024 to update the existing assumption regulations and provide greater clarity to state and tribes
on what waters may be assumed. EPA also will continue to administer Wetland Program
Development Grants, which is a Justice40 covered program, in support of state and tribal wetland
programs. The Agency will focus on working more efficiently with states and tribes to achieve
359 For more information, please see: https://www.epa.gov/deepwaterhorizon.
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specific program development outcomes including protecting and restoring wetlands to address
climate impacts, provide benefits to disadvantaged communities, support state and tribal
assumption of the CWA Section 404 program, and support states and tribes with implementing
CWA Section 401.360
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$25.0) 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 benefit costs.
(+$4,942.0 / +19.6 FTE) This increase of resources and FTE supports the implementation
of the Clean Water Act to protect and restore wetlands. This investment also includes
$3,385 million in payroll.
Statutory Authority:
CWA § 404, § 104(b)(3).
360 For more information, please see: https://www.epa.gov/welJands,
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Water: Human Health Protection
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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 2023
FY 2024 President's
Enacted
FY 2024
Budget v.
FY 2022
Operating
President's
FY 2023 Enacted
Final Actuals
Plan
Budget
Operating Plan
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Total Budget Authority
$1,209
$2,246
$2,381
$135
Total Workyears
1.8
2.7
3.8
1.1
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 beachgoers
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 by
recreational and subsistence fishers.
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; and
Maintain the E-Beaches IT system to collect data required by the Beaches Environmental
Assessment and Coastal Help (BEACH) Act.
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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
or Harmful Algal Blooms, and with eating locally caught fish that contain 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.
FY 2024 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 2024, 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.
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 list of recommended target analytes for state
and tribal fish advisory programs that are either known or thought to be present in samples
of edible freshwater fish in high occurrence nationwide.
Complete National Aquatic Resource Surveys (NARS) National Lakes Assessment analysis
of fish tissue for contaminants including PFAS;
Per the Agency' s PFAS Roadmap, complete reporting for PFAS levels in the Nation's lakes
for the first time; and
Implement the Justice 40 initiative in the BEACH Act Program.
In FY 2024, 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 information allows the public, including underserved communities, to make
informed choices about recreational activities in local waters and eating locally caught fish. EPA
will maintain the E-Beaches IT system and make updates if needed.
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Performance Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this Program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$89.0) 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.
(+$46.0 / +1.1 FTE) This net change in resources and FTE builds program capacity,
particularly in areas related to environmental justice, water infrastructure support and
oversight, climate change resilience, and regulatory reviews. This investment also includes
$219.0 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Sir.205
SI 21.Mr
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Science & Technology
$4,177
$5,098
$6,975
$1,877
Total Budget Authority
$121,382
$126,705
$149,558
$22,853
Total Workyears
473.1
539.4
554.5
15.1
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.361 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.362 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
Funding, assistance, and resources for states and tribes to support the financing of water
infrastructure improvements nationwide that will improve compliance, address drinking
water contaminants such as lead, and ensure water systems are more resilient to threats,
like cyber-attacks and natural hazards such as climate change.363
361 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.
362 For more information, please see: https://www.epa. gov/sites/production/files/2015-
10/documents/guide swppocket 2002 updated.pdf.
363 For more information, please see: https://www.epa.gov/ground-water-and-drinking-water.
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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 also important to protect the sources of drinking water. Moreover, incidents of
drinking water contamination with lead and PFAS, such as perfluorooctanoic acid (PFOA),
perfluorooctane sulfonate (PFOS), and GenX chemicals, exemplify the increased demand for risk
communication and other resources that can help communities protect public health and address
these chemicals.
FY 2024 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 2024, the program will continue to support the Agency's national drinking water priorities
and implementation of the Infrastructure Investment and Jobs Act (IIJA) of 2021 (Public Law 117-
58), including:
Addressing lead and emerging contaminants such as PFAS;
Improving resilience in drinking water systems to address natural hazards, including
climate change, and human threats by enhancing cybersecurity; and,
Improving drinking water and water quality across the Nation, especially in rural, small,
underserved, and disadvantaged communities across the country.
EPA is requesting additional resources in FY 2024 to integrate climate adaptation planning into
water programs, policies, and rulemaking processes, and consult and partner with states, tribes,
territories, local governments, environmental justice organizations, community groups,
businesses, and other federal agencies to strengthen the adaptive capacity and increase the
resilience of the Nation. The Agency also is requesting resources to support regulatory analysis,
development and training, technical assistance for state, tribal, and local communities to address
drinking water contaminants (including lead and emerging contaminants like PFAS) in their efforts
to ensure safe and affordable 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. In FY 2022, over 1,000
tribal, small, rural, or underserved communities were provided with technical, managerial, or
financial assistance to improve operations of their drinking water or wastewater systems. 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 and providing technical assistance;
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Strengthening state and tribal program capacity; and
Certifying drinking water operators and maintaining an essential workforce.
EPA is overseeing state drinking water programs by completing the annual public water system
supervision (PWSS) program review for each primacy agency as required under the Safe Drinking
Water Act (SDWA). Information gained during the program reviews, which occur throughout the
year, includes an analysis of the completion of sanitary surveys by primacy agencies and an
evaluation of whether each 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 in noncompliance with health-based standards.
As of January 2023, 2,988 of the 3,508 systems with health-based violations on September 30,
2017, have been returned to compliance {i.e., 520 systems are still in violation).
In FY 2024, EPA will continue to work with states towards long-term remediation of systems with
health-based violations. The Agency is also continuing to work with states on completing the
development of the Drinking Water State-Federal-Tribal Information Exchange System (DW-
SFTIES) as the long-term replacement for the Safe Drinking Water Information System for states
(SDWIS-State). As of FY 2023, 42 states use SDWIS-State for day-to-day information
management for implementing state drinking water programs. EPA is also supporting states in
their transition planning activities, helping them to prepare to transition to DW-SFTIES after its
scheduled completion in 2025. The information gained from the PWSS reviews and the database
modernization efforts will continue to 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 provide training and collaborate with states on:
Helping underserved, small, and disadvantaged communities with SDWA compliance and
providing households access to drinking water services and household water quality
testing, including testing for unregulated contaminants;
Maintaining the states' capacity development programs and providing resources, tools, and
technical assistance to help water systems with SDWA compliance;
Effectively implementing Public Water System Supervision (PWSS Programs; and
Providing operator certification programs to support the water sector workforce.
Water Infrastructure
Infrastructure investment is essential. 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 2024, EPA will continue to support improvements to the Nation's
drinking water infrastructure, including identification of infrastructure needs and assistance for
underserved and tribal communities. The Agency also will support activities to leverage and
encourage public and private collaborative efforts and investments. This Program also supports
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the Agency's efforts in implementing IIJA. EPA will focus on collaborating with the states to help
small and underserved communities access the funding provided by IIJA.
In FY 2023, EPA will release the seventh Drinking Water Infrastructure Needs Survey and
Assessment (DWINSA). 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. Beginning in FY 2024, early framework activities for the eighth DWINSA will begin.
'Lessons Learned' sessions will also be held with EPA's state partners to discuss the previous
survey cycle and how to improve moving forward. The FY 2024 request includes up to $1.5 million
set aside from the DWSRF to ensure there are consistent and reliable resources to fund this
important work.
In addition to the DWSRF Program, in FY 2024 EPA will continue to support drinking water
infrastructure programs by implementing the following statutes:
Consolidated Appropriations Acts of 2022 and 2023 (EPA Community Grants);
Drinking Water and Wastewater Infrastructure Act of 2021 (DWWIA) within IIJA;
America's Water Infrastructure Act of 2018 (AWIA);
Water Infrastructure Improvements for the Nation Act of 2016 (WIIN); 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 to support projects focusing on reducing lead and addressing
emerging contaminants in drinking water and to enhance water system resiliency to natural hazards
such as climate change and man-made threats such as cyber-attacks, 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 $9.5 billion in FY 2024. These water
infrastructure finance programs include the Clean Water State Revolving Fund, DWSRF, and the
WIFIA program. In FY 2022, over $14.6 billion has been leveraged by these programs increasing
the funds available to improve, repair, and modernize the Nation's water infrastructure. In addition,
the IIJA provides $5 million for this program to support states seeking to gain primacy for UIC
class CI wells in FY 2024.
Drinking Water Program Implementation
In FY 2024, the Agency is requesting additional resources to support continued work with states
to implement requirements for all NPDWRs to ensure that systems install, operate, and maintain
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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, technical assistance, 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 and its revision;
Implementing regulations to improve the clarity, readability, and accuracy of information
in Consumer Confidence Reports;
Implementing SDWA Section 1414 requirements allowing states to mandate water system
restructuring assessments;
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;
In preparation of the PFAS NPDWR, supporting the development of the draft Small
System Compliance Guidance Document; and,
Developing implementation guidance manual and training for states in advance of the new
Lead and Copper Rule Improvements (LCRI).
EPA will continue the development of the Drinking Water State-Federal-Tribal Information
Exchange System (DW-SFTIES) 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 2024, 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;
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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 and resiliency 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).
In FY 2024, EPA will continue to implement the Evidence Act and make evidence-based decisions
guided by the best available science and data. EPA will continue to 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 that inform the data quality of the Agency's drinking water compliance information.
Through these efforts, EPA has identified a need for access to states' compliance monitoring data
and is developing the regulatory authority and tools necessary to fill this gap. Furthermore, 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 2024, the Agency also will address
drinking water risks with the following actions:
Continuing to develop the new NPDWR, LCRI. In FY 2021, EPA issued the Lead and
Copper Rule Revisions (LCRR) and subsequently reviewed those revisions in accordance
with Executive Order 13990.364 Through this review, the Agency concluded that there are
significant opportunities to improve the LCRR to support the overarching goal of
proactively removing lead service lines and more equitably protecting public health (86 FR
71574). EPA intends to propose the LCRI in 2023 and finalize by October 16, 2024.
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
364 For additional information, please see: https://www.federalregister.gov/documents/2021/01/25/2021-Q1765/protecting-public-
health-aiid-the-enYiromiient-aiid-restoriiig-science-to-tackle-the-cliiiiate-crisis
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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.
Finalizing the PFAS NPDWR in FY 2024 after proposing the regulation in FY 2023. In
FY 2021, EPA began the process to establish enforceable limits for PFAS chemicals,
including PFOA and PFOS, under SDWA. The proposal will be supported by health effects
assessments/science, external consultations, peer reviews, and other work undertaken in
FY 2022 and continuing in FY 2023. EPA will address public comments; conduct
additional analyses (if needed) in response to public comments; conduct stakeholder
engagement activities; and revise support documents as part of drafting the final regulation.
Continuing the development of the SDWA-mandated draft Regulatory Determinations
(Reg Det) for the CCL 5 in FY 2023 and publishing the draft Reg Det for CCL 5 in FY
2024.
Initiating the process to develop the Sixth Contaminant Candidate List (CCL 6) in FY 2024
following the FY 2023 publication of the Federal Register notice requesting nominations
of drinking water contaminants for the CCL 6.365
Continuing to participate in interagency actions and support cross-agency efforts to address
PFAS; establishing better understanding of the health impacts and extent of their
occurrence in the environment and resulting human exposures; and supporting priorities
identified by the EPA's PFAS Council and in EPA's PFAS Strategic Roadmap.
Developing drinking water health advisories for PFAS with final 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.
Concluding the technical analyses that support the fourth six-year review (SYR4) of
existing NPDWRs and publishing the SYR4 Federal Register notice.
Continuing to support state and tribal efforts to manage cyanotoxins in drinking water,
including providing technical assistance.
Concluding the technical analyses requested by the National Drinking Water Advisory
Council (NDWAC) Working Group and evaluating the NDWAC recommendations as the
Agency considers the potential revisions to the existing Microbial and Disinfection
Byproducts Rules.
Continuing to monitor PFAS and lithium from January 2023 - December 2025 under
UCMR 5, conducting occurrence analyses, and providing support to drinking water
systems and laboratories as they collect and analyze samples during implementation.
365 For additional information, please see: https:/Avww.epa.gov/ccl/draft-coiitaiiiiiiaiit-caiididate-list-6-ccl-6.
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Collecting and analyzing Community Water System Survey data to capture changes in the
conditions of public water systems that have taken place in water systems since 2006.
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 2024, 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;366
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, including funding opportunities through the Funding Integration Tool for
Source water (FITS), to protect drinking water sources;
Continuing to partner with the Department of Agriculture (USDA)'s Natural Resources
Conservation Service and Forest Service and state partners to support implementation of
the source water protection provisions of the Agriculture Improvement Act of 2018 (2018
Farm Bill). This presents an opportunity to forge stronger connections between EPA and
USD A to address agriculture-related impacts to drinking water sources; and
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.
Underground Injection Control
Roughly one-third of the United States' population is served by public water systems that receive
water from groundwater. 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 2024, planned activities in the UIC Program include:
Supporting implementation of DWWIA to support comprehensive carbon dioxide
infrastructure in the United States by working with applicants on Class VI permits for
366 For more information, please see: https://www.epa.gov/sourcewaterprotection/dwmaps.
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secure geologic storage of carbon dioxide and with state UIC programs seeking to obtain
primacy for the Class VI program;
Supporting the implementation of the UIC STAG and IIJA funded Class VI grant
programs;
Supporting efforts to advance environmental justice in UIC programs;
Supporting states and tribes in applying for primary enforcement responsibility and
implementing UIC Program revisions;
Continuing to provide technical assistance, tools, and strategies to states to improve
implementation of UIC programs, including development of e-learning material, and to
support permitting in direction implementation;
Using national UIC data to assist with promoting consistent approaches to program
oversight of state and EPA's UIC programs; and
Streamlining EPA's UIC direct implementation permitting process and reducing the permit
application backlog.
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 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 2024, EPA will continue to support the National Water
Reuse Action Plan and the Federal Water Reuse Interagency Working Group. 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 will also pursue actions that
provide technical and financial tools for stakeholders to ensure the accessibility of water reuse.367
One Water/One Community
EPA will coordinate CWA and SDWA resources 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.
Permitting Related to Infrastructure
EPA is requesting additional resources to help process the increase in permits across the country
driven by this Administration's historical investment in infrastructure. These additional FTE are
necessary to handle the influx in a variety of different permit types that require EPA approval.
367 For more information, please see https:/Avww.epa.gov/wateiTeuse.
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This program also includes resources to support the increasing and new costs associated with
mandatory Agency support services provided through the Working Capital Funding (WCF),
support delegated responsibilities for Mission Support functions across the Agency, and support
Agency-wide implementation of OMB Cybersecurity mandates.
Performance Measure Targets:
(PM DW-02) Number of community water systems still in noncompliance with health-based standards since
March 31,2021.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
875
640
450
400
CWSs
Actual
3,508
1,718
1,128
1,048
654
537
(PM DW-07) Number of drinking water and wastewater systems, state and tribal officials, and water sector
partners provided with security, emergency preparedness, and climate resilience training and technical
assistance.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
2,000
3,500
3,500
Systems
and
Partners
Actual
3,939
(PM DWT-02) Number of community water systems in Indian Country still in noncompliance with health-
based standards since March 31,2021.
FY
2»r
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
100
55
35
CWSs
Actual
74
(PM INFRA-06) Number of Tribal, small, rural, or underserved communities provided with technical,
managerial, or financial assistance to improve system operations.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
339
542
542
Communiti
es
Actual
IX"
1,668
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$11,071.0) 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 benefit costs. It also includes support
for critical Agency wide infrastructure for Executive Order 14028 cybersecurity requirements,
electronic discovery for FOIA and litigation support, and implementation of Trusted Vetting
2.0.
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(+$218.0 / + 1.2 FTE) This program change increases FTE to support Agency wide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements. This investment includes $218
thousand in payroll.
(+1,282.0/ + 1.0 FTE) This program change is an increase to support implementation of
EPA's Climate Adaptation Action Plan. In particular, this increase will support priority
commitments, such as actions to integrate climate adaptation into EPA programs, policies,
and processes, efforts to address climate adaptation science and data needs, and efforts to
consult and partner with outside stakeholders.
(+$8,405.0 / +8.9 FTE) This program change is an increase in resources and FTE that
supports regulatory analysis, development and training, permit review, 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 Lead and Copper Rule Revisions and the Unregulated
Contaminant Monitoring Rule. This investment also includes $1,841 million 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Total Budget Authority
$8,699
$10,187
$12,624
$2,437
Total Workyears
26.5
32.8
38.0
5.2
Program Project Description:
EPA's Marine Pollution Program: 1) aims to reduce marine litter in the Nation's waterways and
communities in coastal regions and on major river systems, improve trash capture activities across
the country, and support 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 supporting the Ocean Dumping Management Program.
FY 2024 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.
Trash Free Waters Program
The FY 2024 request includes resources and Full Time Equivalents (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 Act 2.0. 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 2024 funding will allow the Program to:
Support the installation 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.
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Promote appropriate protocols for trash monitoring efforts.
Research and address microplastics (including microfibers) in waterways.
Engage in targeted outreach and education efforts in support of place-based trash capture
and reduction; and
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 two hundred aquatic trash
related projects have been undertaken with EPA assistance, public education and outreach,
research, or implementation of regional program strategies. EPA will continue to work with its
partners to advance this initiative in FY 2024 and evaluate progress by reviewing best practices
and challenges and applying lessons learned to future projects.
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 and developing a
supplemental proposal 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 2023,
EPA plans to issue revised sewage no-discharge zone guidance and in FY 2024 will continue to
work with states on designating no-discharge zones within their waters.
Ocean Dumping Management Program
MPRSA regulates the disposition of any material in the ocean unless expressly excluded under
MPRSA. In the United States, MPRSA implements the requirements of the London Convention.
In FY 2024, EPA will evaluate MPRSA permitting inquiries and requests for the ocean dumping
of all materials except dredged materials and, as appropriate, issue MPRSA emergency, research,
general, and special permits. This will include investigating any needed regulatory updates and
addressing MPRSA permitting requests for climate mitigation approaches including sub-seabed
sequestration of CO2 in geological formations, ocean-based carbon dioxide removal activities,
ocean alkalinity enhancement 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
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EPA review and written concurrence and EPA will continue to work expeditiously consistent with
the Permitting Action Plan. In FY 2024, EPA will manage approximately one hundred EPA-
designated ocean disposal sites, conduct ocean monitoring surveys at approximately six sites and
evaluate lessons learned from each survey, review and update, as necessary, MPRSA-required site
management and monitoring plans established for each EPA-designated site, and 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 perform its MPRSA responsibilities to support new port and navigation infrastructure
projects funded through the Infrastructure Investment and Jobs Act of 2021. EPA will maintain
national program capacity by training EPA staff and developing technical/regulatory tools to
improve MPRSA permitting, site designation, and site management and monitoring. EPA will
provide training for new Chief Scientist candidates and existing Chief Scientists responsible for
designing and implementing ocean monitoring surveys to meet MPRSA requirements. In FY 2024,
EPA will serve as the Head of the United States Delegation for the annual London Convention
(LC) and London Protocol (LP) Scientific Groups Meetings, serve as Alternate Head of the United
States Delegation for the annual Consultative Meeting of the LC and LP Parties, and represent the
United States at the annual LP Compliance Group Meeting. An EPA representative will chair 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.
Performance Measure Targets:
EPA's FY 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+539.0) 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.
(+$1,898.0 / +5.2 FTE) This increase of resources and FTE builds program capacity,
particularly in areas related to environmental justice, water infrastructure support and
oversight, climate change resilience, and regulatory reviews. This investment also includes
$999.0 thousand 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 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
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Total Budget Authority
$217,125
$224,492
$267,969
$43,477
Total Workyears
937.2
1,010.3
1,056.4
46.1
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 the Nation's coastal waters, rivers, lakes,
wetlands, 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 works collaboratively
with public and private sector stakeholders nationally and locally to establish innovative, broad-
scale, and 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 2024 Activities and Performance Plan:
Work in this Program directly supports Goal 5/Objective 5.2, Protect and Restore Waterbodies and
Watersheds in the FY2022 - 2026 EPA Strategic Plan. By September 30, 2023, and in support of
this goal and objective, EPA will provide technical assistance to at least 10 communities to help
achieve clean and safe water and reduced exposures to hazardous substances, which is an Agency
Priority Goal for FY 2022 - 2023 to Clean up contaminated sites and invest in water infrastructure
to enhance the livability and economic vitality of overburdened and under served communities.368
In FY 2024, 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 2024 request provides an increase of $15.7 million and 24.1 FTE that will
368 This Agency Priority Goal is implemented jointly with Goal 6.
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allow EPA to focus on the advancement of clean water infrastructure programs, with an emphasis
on building climate change resilience, conducting CWA regulatory reviews, and advancing
environmental justice through technical assistance and stakeholder engagement. The FY 2024
request also provides an increase of $14.1 million and 22 FTE that will focus on investing in
programs to put in place the national regulatory requirements needed to identify and control
discharge of per- and polyfluoroalkyl substances (PFAS), nutrients and bacteria in surface waters
and publicly owned treatment works (POTWs). This program project also includes resources to
support the increasing and new costs associated with mandatory Agency support services provided
through the Working Capital Funding (WCF), support delegated responsibilities for Mission
Support functions across the Agency, and support Agency-wide implementation of OMB
Cybersecurity mandates.
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 supporting states and tribes with the adoption and implementation of water
quality standards in accordance with 40 CFR part 131. In FY 2024, the Agency will place special
emphasis on engaging with underserved communities in the review and setting of state water
quality standards. The Agency also 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. EPA
will continue the ELG rulemaking to strengthen wastewater guidelines for power plants that use
steam to generate electricity. As part of the rulemaking, EPA remains committed to meaningful
engagement with impacted communities and other stakeholders on potential revisions to the Steam
Electric ELGs. EPA expects to publish a proposed rule in FY 2023 and complete the final rule in
FY 2024.
In FY 2024, EPA will seek to complete a rulemaking to establish more protective nutrient limits
on wastewater discharges from meat and poultry product facilities. EPA also will propose and
finalize rulemakings to establish PFAS limits for the organic chemical manufacturing, metal
finishing/electroplating, and landfills industrial point source categories. Additionally, EPA will
collect data on additional industrial discharges of PFAS to surface waters and influent to POTWs
and conduct rulemakings on one or more additional categories of industrial dischargers of PFAS
as the Agency determines necessary.
Clean Water Act Analytical Methods Program. EPA will continue developing and updating
analytical methods (test procedures) that are used by industries and municipalities to analyze the
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chemical, physical, and biological components of wastewater and other environmental samples.
EPA periodically updates existing analytical methods to reflect advances in analytical
instrumentation and to foster innovation and improvement in the analytical chemistry community.
In addition, as novel pollutants are identified for regulation under CWA programs, EPA develops
and promulgates new analytical methods than can then be incorporated into NPDES and other
permits. During FY 2024, EPA intends to continue developing analytical methods for determining
PFAS in industrial wastewater to support ongoing PFAS industrial category rulemakings, as well
as investing in updating existing analytical methods for pollutants such as pesticides/herbicides,
microbial contaminants, radiological contaminants, and nutrients in wastewater.
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
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, polychlorinated biphenyls (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,
territories, tribes, and other partners to identify impaired waters, as required by CWA Section
303(d), and on developing and implementing TMDLs for listed impaired waterbodies. 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
will work with and provide support to states, territories, and tribes to ensure that TMDLs are
effective and implementation ready. EPA also will support states, territories, and tribes develop
other restoration approaches and plans for the protection of unimpaired or high-quality waters.
The TMDL Program is at an important inflection point as EPA begins the new "2022 - 2032 Vision
for the Clean Water Act Section 303(d) Program" and continues to build on the work done
throughout the first 10-year 303(d) Vision. As part of the 2022 - 2032 Vision, EPA provided four
themes to consider in the CWA Section 303(d) program implementation - 1) Environmental
Justice, 2) Climate Change, 3) Tribal Water Quality and Program Development, and 4) Program
Capacity Building.
Monitoring and National Aquatic Resource Surveys (NARS). EPA will continue working with
states and tribes to support the NARS 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 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. The FY 2024 request would support EPA's assistance for states and tribes to expand
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monitoring and reporting for PFAS and other priority water quality concerns. 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 revised
definition for the "Waters of the United States" rule in January 2023. The agencies developed this
rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole,
relevant Supreme Court case law, and the agencies' technical expertise after more than 45 years
of implementing the longstanding pre-2015 "Waters of the United States" framework. EPA will
continue to support the development of tools and resources with state and federal partners to
facilitate implementation, such as the Streamflow Duration Assessment Methods.
Water Quality Certification. In accordance with Executive Order 13990, EPA completed a review
of the 2020 CWA Section 401 certification rule and proposed a new rule on June 9, 2022, which
will be completed in 2023. EPA will continue to support the development of tools and resources
with the federal licensing and permitting agencies as well as the certifying agencies. 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 projects that may affect the "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 thousand permits are issued to address discharges from among the
approximately 15 thousand wastewater treatment facilities, nearly 60 categories of industries, and
almost 300 thousand stormwater facilities. EPA authorizes the NPDES permit program to state,
tribal, and territorial governments, and currently 48 states, tribes in Maine, and U.S. Virgin Islands
have authorized programs.
In FY 2024, EPA will continue to implement a permitting program that helps 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. As climate change increases the
stress on waterways, these permits allow EPA and the states to set appropriate requirements for
the waste streams to protect water quality and public health.
In addition, as required under the CWA and Executive Order 12866: Regulatory Planning and
Review,369 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 and Harmful Algal Bloom (HAB) Reductions. The FY 2024 request includes resources
and FTE to support efforts to reduce nutrient pollution and HABs, which remain the most
369 For more information, please see: https://www.epa.gov/laws-regulations/summary-executive-order-12866-regulatory-
planning-and-review.
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significant widespread water quality challenge across the country, despite decades of efforts to
achieve reductions.370 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 its partners to address these challenges. At the end of
2022, almost 12 thousand square miles of watersheds with waters identified as impaired by
nutrients are now attaining standards. The FY 2024 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,
establishment of numeric targets to apply narrative water quality standards (WQS), perform
assessments and identify impaired waters, develop TMDLs, and support science research related
to HABs.
Per- and Polyfluoroalkyl Substances (PFAS). The FY 2024 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; national collection of information on discharges of
PFAS from industrial point source categories to determine if revisions to ELGs are warranted;
revising existing ELGs for metal finishing operations, organic chemical manufacturers, and
landfills to include numeric effluent limits on PFAS discharges; incorporating PFAS monitoring
requirements in NPDES permits; and fish tissue monitoring. In FY 2024, EPA will continue to
implement the four-year PFAS Strategic Roadmap which contains a comprehensive set of actions
that 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 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 2024, EPA will continue
to support the National Water Reuse Action Plan and the Federal Water Reuse Interagency
Working Group. 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 that provide technical and financial tools to stakeholders to ensure
the accessibility of water reuse.371
Water Sense. The WaterSense Program is a key component of the Agency's efforts to ensure long-
term sustainable water infrastructure. 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. Products and homes may only bear the WaterSense label after being independently certified
to ensure that they meet WaterSense criteria for efficiency and performance. As of February 2023,
the Program has labeled more than 39 thousand models of plumbing and irrigation products, and
more than 6,400 homes have earned the WaterSense label. Through 2021, the Program helped save
more than 6.4 trillion gallons of water and 288 metric tons of greenhouse gases.372 In FY 2024,
370 For more information, please see https://www.epa.gov/nutrientpollution.
371 For more information, please see https://www.epa.gov/wateiTeuse.
372 WaterSense Accomplishment Reports (updated annually). For more information visit:
https://www.epa.gov/watersense/accomplishments-and-history.
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the Program will work on a new specification for point-of-use reverse osmosis water treatment
systems and irrigation spray sprinkler nozzles and carry out consumer campaigns that encourage
consumers to switch to WaterSense-labeled products.
Urban Waters Federal Partnership Program (UWFP). The Urban Waters Federal Partnership
Program (UWFP reconnects urban communities with their waterways, particularly communities
that are overburdened and underserved. The Program supports local urban water champions
(Ambassadors) who work with diverse local stakeholder groups to collaborate on community-led
revitalization efforts to improve the Nation's waters and promote their economic, environmental,
and social well-being. At the national level, EPA leads a coalition of over 15 federal agencies that
support 21 designated UWFP partnership locations. In FY 2024, the UWFP will continue to
implement the actions identified in the Framework for the Future that was included in the 2021
Partner Recommitment,373 including: strengthening the existing Partnership, increasing the
number of communities that benefit from it, and leveraging the UWFP to address Administration
and community priorities, including climate resilience and using nature-based solutions for
multiple community benefits.
One Water/One Community. EPA will coordinate CWA and Safe Drinking Water Act resources
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 Clean Water State
Revolving Fund (CWSRF) Program, which provides low-interest loans and additional
subsidization to help finance wastewater treatment facilities and other water quality projects.374
Federal capitalization to the SRFs is significantly leveraged; since 1988, the CWSRF Program has
made 46,224 assistance agreements, funding over $163 billion in wastewater infrastructure and
other water quality projects.
The FY 2024 request:
Supports funding for the Environmental Finance Centers Program which will help
communities across the country improve their wastewater and stormwater systems,
particularly through innovative financing.
373 For more information visit: https://www.epa.gov/system/fLles/documents/2021-l 1/urban-waters-recommitment-report-
112221 508.pdf.
374 For more information, please see https://www, epa. gov/cwsrf.
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Drives progress on water infrastructure by increasing non-federal dollars leveraged by EPA
water infrastructure finance programs (CWSRF, Drinking Water State Revolving Fund,
and Water Infrastructure Finance Innovation Act). EPA leveraged $14.6 billion in non-
federal dollars in FY 2022.
Supports decentralized systems (septic or onsite) that provide communities and
homeowners with a safe, affordable wastewater treatment option by implementing the 2020
Decentralized Wastewater Management Memorandum of Understanding and by improving
access to CWSRF financing for communities who rely on decentralized systems.
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.
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; and
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.
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. ATTAINS
provides key information to the Agency, as well as states, territories, and tribes, who play a critical
role in implementing the CWA. The Agency will continue to support states, tribes, and territories
in electronically reporting CWA Section 303(d) and Section 305(b) assessment conclusions
through ATTAINS to track improvements in impaired waters. This tool allows states and EPA to
track and report progress in meeting water quality standards.
EPA, through a new "bridge metric," continues to track state progress in completing TMDLs, other
restoration approaches, or protection approaches with the goal of approximately 19 thousand
square miles of addressed bridge metric waters by the end of FY 2024. As of December 2022, over
four thousand square miles of state bridge metric waters were addressed by a TMDL, other
restoration approach, or protection approach. Following the conclusion of this bridge metric,
EPA's plan is that states will continue to set priorities every two years under a long-term Vision
metric until the conclusion of the 2022 303(d) Vision.
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EPA continues to support streamlining efforts to allow states to reduce the time they spend on
administrative reporting. EPA 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. In FY 2022,
over 20 thousand square miles of watersheds that contained previously impaired waters attained
compliance with water quality standards.
NPDES Oversight. The National Program continues to work with the federal and state permitting
authorities to provide oversight, technical assistance, and training to the permit writers in an effort
to support program implementation and pursue comprehensive protection of water quality on a
watershed basis. EPA's oversight includes the National Pretreatment Programs, which 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 federal and state permitting authorities to identify
opportunities to enhance the integrity and timely issuance of NPDES permits and permitting
backlogs. After program improvements, between March 2018 and the end of September 2022, the
backlog of EPA-issued new and existing NPDES permits decreased from 106 to 20 and 547 to
229, respectively. In FY 2024, 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, and nutrients. EPA also will issue general
permits where appropriate to address permit integrity and timeliness to continue to reduce the
backlog of permits.
In FY 2024, EPA will continue to work with the federal and state permitting authorities to address
PFAS in NPDES permitting. In FY 2023, EPA published a memorandum titled, AddressingPFAS
Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs,
which provides detailed instructions regarding how permitting authorities would address PFAS
discharges in NPDES permits. EPA encourages permitting authorities to propose monitoring
requirements at facilities where PFAS are expected or suspected to be present in wastewater and
stormwater discharges, utilizing EPA's recently published analytical method 1633, which
addresses 40 unique PFAS. In FY 2024, EPA also will continue to build upon this strategy by
compiling best practices from state permitting authorities to address PFAS in NPDES permits,
conducting training, and sharing the latest research and practices to prevent these contaminants
from reaching surface waters.
EPA will work on addressing court decisions related to Maui, Hawaii in the permitting program.
In County of Maui v. Hawaii Wildlife Fund., the Supreme Court held that discharges from point
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 2024, 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 (combined sewer overflows [CSOs],
sanitary sewer overflows [SSOs], bypasses, and stormwater discharges) comprising a significant
portion of this total. Investment needs of this magnitude affect utility rates and disproportionately
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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.,75 This cooperative effort fosters engagement and
cooperation between agencies that actively work to promote the implementation of green
infrastructure. In FY 2024, 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 stakeholders
and industry to identify challenges in implementation and best management practices. In FY 2024,
EPA will continue to lead the Animal Agriculture Discussion Group (AADG), which consists of
animal agriculture representatives from the 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 National Aquatic Resource Survey (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 the
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 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 which 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 developed a system to track 401(a)(2) notifications.
EPA will track whether a "may effect" determination has been made and to who (state or tribe)
and then note the follow-up coordination, including potential public hearings, EPA
recommendations, and whether the EPA recommendation led to improvements in the federal
permit or license. The notifications will mostly come from the Army Corps of Engineers but can
come from any federal permitting or licensing agency.
Permitting Related to Infrastructure. EPA is requesting additional resources to help process the
increase in permits across the country driven by the Administration's historical investment in
infrastructure. These additional FTE are necessary to handle the influx in a variety of different
permit types that require EPA approval or review, including Section 401 certification.
Performance Measure Targets:
375 For more information please visit: https://www.epa.gov/green-infrastructure/green-infrastructure-federal-collaborative.
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(PMINFRA-06) Number of tribal, small, rural, or underserved communities provided with technical,
managerial, or financial assistance to improve system operations.
I V 20 r
I V 20IS
I V 201')
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
339
542
542
Communities
Actual
IX"
1,668
(PM NPDES-03) Number of existing EPA-issued NPDES individual permits in backlog.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
360
280
230
250
210
195
Permits
Actual
456
373
333
284
229
(PM SWP-01) Annual increase in square miles of watersheds with surface water meeting standards that
previously did not meet standards.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
S,000
8,000
17,100
Square Miles
Actual
20,511
(PM SWP-02) Annual increase in square miles of watersheds with previously impaired surface waters due to
nutrients that now meet standards for nutrients.
I V 20 r
I V 2018
I V 2019
I V 2020
I V 2021
1 Y 2022
FY 2023
FY 2024
Units
Target
:,ioo
1,400
1,400
Square Miles
Actual
12,833
(PM TMDL-03) Square miles of priority areas covered by TMDLs, other restoration plans, or protection
approaches.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
7,940
19,280
Square miles
Actual
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$13,685.0) 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 benefit costs. This change also includes
support for critical agency wide infrastructure for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$14,053.0 / +22.0 FTE) This program change increases FTE and resources to accelerate
progress on EPA's PFAS Strategic Roadmap, to enable EPA to move more quickly on
policy, regulatory, and enforcement actions across multiple statutory authorities, and to
support states and tribes in taking action on PFAS. This investment also includes $4,053
million in payroll.
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(+$15,500.0 / +22.8 FTE) This increase of resources and FTE supports the advancement
of clean water infrastructure programs, with an emphasis on building climate change
resilience, conducting Clean Water Act regulatory and permit reviews, and advancing
environmental justice. This investment also includes $4.2 million in payroll.
(+239.0 /+1.3 FTE) This program change increases FTE to support Agencywide
implementation of EPA's Diversity, Equity, Inclusion, and Accessibility Strategic Plan and
Evidence Act data stewardship and governance requirements. This investment includes $239
thousand in payroll.
Statutory Authority:
Clean Water Act; Marine Protection, Research, and Sanctuaries Act; Marine Debris Research,
Prevention and Reduction Act of2006; Marine Plastic Pollution Research and Control Act of 1987.
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Congressional Priorities
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Congressional Priorities
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
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Unviroiimciiful I'ro^ruiii.s A- Managi'mcnl
S 21.'00
SJO. -00
SO
-SJO. "00
Science & Technology
$7,492
$30,751
$0
-$30,751
Total Budget Authority
$29,192
$61,451
$0
-$61,451
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 2024 Activities and Performance Plan:
Resources are proposed for elimination for this program in FY 2024. 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 2024 Annual Performance Plan does not include annual performance goals specific to
this program.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$30,700.0) 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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