United States
Environmental Protection Agency
FISCAL YEAR 2024
Justification of Appropriation
Estimates for the
Committee on Appropriations
Tab 08: Superfund
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 - Superfund
Contents
Resource Summary Table 3
Program Projects in Superfund 3
Audits, Evaluations, and Investigations 6
Audits, Evaluations, and Investigations 7
Compliance 13
Compliance Monitoring 14
Exchange Network 16
Enforcement 19
Criminal Enforcement 20
Forensics Support 23
Superfund: Enforcement 26
Superfund: Federal Facilities Enforcement 30
Environmental Justice 32
Homeland Security 35
Homeland Security: Preparedness, Response, and Recovery 36
Homeland Security: Protection of EPA Personnel and Infrastructure 40
Indoor Air and Radiation 42
Radiation: Protection 43
IT/ Data Management/ Security 45
Information Security 46
IT / Data Management 52
Legal / Science / Regulatory / Economic Review 56
Alternative Dispute Resolution 57
Legal Advice: Environmental Program 60
Operations and Administration 63
Acquisition Management 64
Central Planning, Budgeting, and Finance 68
Facilities Infrastructure and Operations 72
Financial Assistance Grants / IAG Management 75
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Human Resources Management 78
Research: Chemical Safety and Sustainability 82
Health and Environmental Risk Assessment 83
Research: Chemical Safety for Sustainability 88
Research: Sustainable Communities 91
Research: Sustainable and Healthy Communities 92
Recent Accomplishments of the SHC Research Program include: 93
Superfund Cleanup 96
Superfund: Emergency Response and Removal 97
Superfund: EPA Emergency Preparedness 100
Superfund: Remedial 103
Superfund: Federal Facilities 108
SUPERFUND SPECIAL ACCOUNTS 112
SUPERFUND TAX RECEIPTS 117
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Environmental Protection Agency
FY 2024 Annual Performance Plan and Congressional Justification
APPROPRIATION: Hazardous Substance Superfund
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
Hazardous Substance Superfund
Budget Authority
$1,249,039
$1,282,700
$355,856
-$926,844
Total Workyears
2,623.2
2,678.0
2,726.4
48.4
For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the Superfund
account.
Bill Language: Hazardous Substance Superfund
For necessary expenses to carry out the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42
U.S.C. 9611), and hire, maintenance, and operation of aircraft, $355,856,000, to remain available
until expended, consisting of such sums as are available in the Trust Fund on September 30, 2023,
and not otherwise appropriated from the Trust Fund, as authorized by section 517(a) of the
Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $355,856,000 as a
payment from general revenues to the Flazardous Substance Superfundfor purposes as authorized
by section 517(b) of SARA: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $13,847,000 shall be paid to the "Office
of Inspector General" appropriation to remain available until September 30, 2025, and
$31,928,000 shall be paid to the "Science and Technology" appropriation to remain available
until September 30, 2025.
Program Projects in Superfund
[Dollars in Thousands)
Program Project
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
Indoor Air and Radiation
Radiation: Protection
$2,011
$2,472
$3,010
$538
Audits, Evaluations, and Investigations
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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
Audits, Evaluations, and Investigations
$8,706
$11,800
$13,847
$2,047
Compliance
Compliance Monitoring
$1,278
$1,017
$1,032
$15
Enforcement
Criminal Enforcement
$8,149
$7,999
$8,644
$645
Forensics Support
$1,676
$1,240
$1,648
$408
Superfund: Enforcement
$169,444
$171,347
$0
-$171,347
Superfund: Federal Facilities Enforcement
$7,263
$8,192
$10,366
$2,174
Subtotal, Enforcement
$186,532
$188,778
$20,658
-$168,120
Environmental Justice
Environmental Justice
$1,065
$5,876
$5,888
$12
Homeland Security
Homeland Security: Preparedness, Response, and
Recovery
$35,026
$34,661
$56,484
$21,823
Homeland Security: Protection of EPA Personnel
and Infrastructure
$1,201
$1,029
$1,530
$501
Subtotal, Homeland Security
$36,226
$35,690
$58,014
$22,324
IT / Data Management / Security
Exchange Network
$1,137
$1,328
$1,328
$0
Information Security
$1,209
$1,062
$7,859
$6,797
IT / Data Management
$16,075
$19,764
$17,727
-$2,037
Subtotal, IT / Data Management / Security
$18,421
$22,154
$26,914
$4,760
Legal / Science / Regulatory / Economic Review
Alternative Dispute Resolution
$698
$791
$880
$89
Legal Advice: Environmental Program
$475
$599
$477
-$122
Subtotal, Legal / Science / Regulatory / Economic
Review
$1,173
$1,390
$1,357
-$33
Operations and Administration
Central Planning, Budgeting, and Finance
$29,102
$31,338
$30,207
-$1,131
Facilities Infrastructure and Operations
$76,108
$65,634
$71,540
$5,906
Acquisition Management
$23,550
$27,247
$33,758
$6,511
Human Resources Management
$7,253
$7,419
$8,751
$1,332
Financial Assistance Grants / IAG Management
$4,188
$4,002
$4,601
$599
Subtotal, Operations and Administration
$140,202
$135,640
$148,857
$13,217
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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
Research: Sustainable Communities
Research: Sustainable and Healthy Communities
$16,562
$16,937
$17,364
$427
Research: Chemical Safety for Sustainability
Health and Environmental Risk Assessment
$9,405
$4,901
$5,005
$104
Research: Chemical Safety for Sustainability
$2,579
$8,060
$8,060
$0
Subtotal, Research: Chemical Safety for
Sustainability
$11,984
$12,961
$13,065
$104
Superfund Cleanup
Superfund: Emergency Response and Removal
$239,807
$195,000
$0
-$195,000
Superfund: EPA Emergency Preparedness
$9,071
$8,056
$8,445
$389
Superfund: Federal Facilities
$23,911
$26,189
$37,405
$11,216
Superfund: Remedial
$552,089
$618,740
$0
-$618,740
Subtotal, Superfund Cleanup
$824,879
$847,985
$45,850
-$802,135
TOTAL Superfund
$1,249,039
$1,282,700
$355,856
$926,844
For ease of comparison, Superfund transfer resources for the audit and research functions are shown in the Superfund
account.
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Audits, Evaluations, and Investigations
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Audits, Evaluations, and Investigations
Program Area: Audits, Evaluations, and Investigations
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
Inspector General
$48,605
$44,030
$64,526
$20,496
Hazardous Substance Super/und
S.S. 'or,
SI 1. SOI)
s/.W
S 2.04'
Total Budget Authority
$57,310
$55,830
$78,373
$22,543
Total Workyears
285.0
270.0
333.5
63.5
Program Project Description:
EPA's Office of Inspector General (OIG) is an independent office of the U.S. Environmental
Protection Agency, created by the Inspector General Act of 1978, as amended. In support of that
independence, Congress provides the OIG with a separate appropriation, within the Agency's
budget to support OIG's Superfund activities. The vision of the OIG is to be a premier oversight
organization trusted to speak the truth, promote good governance, and contribute to improved
human health and the environment. This vision is met through the mission of the OIG.
The OIG conducts independent audits, special reviews, evaluations, and investigations. The OIG
makes evidence-based recommendations to promote economy, efficiency, and effectiveness. The
OIG seeks to identify risks and vulnerabilities within the Agency to prevent and detect fraud,
waste, abuse, mismanagement, and misconduct for the U.S. Environmental Protection Agency as
well as the U.S. Chemical Safety and Hazard Investigation Board (CSB).
The OIG promotes public trust and safety by keeping the head of the Agency and Congress fully
and immediately informed of deficiencies, vulnerabilities, and other agency activities that indicate
the presence of fraud, waste and/or abuse, and the necessity for and progress toward OIG
recommended corrective actions and being responsive with a sense of urgency to hotline and
whistleblower complaints submitted for immediate action. The OIG's activities assist in the
prevention and detection of fraud in EPA's Superfund programs and operations. The OIG
consistently provides a significant positive return on investment to the public in the form of
recommendations for improvements in the delivery of EPA's mission, reduction in operational and
environmental risks, costs savings and recoveries, and improvements in program efficiencies and
integrity.1 In FY 2021, the OIG's appropriation was $55,086,000, with a return of investment of
$149,632,858. The results were a 272 percent return on investment from audits and investigations.
OIG's Office of Audit (OA) is comprised of five permanent directorates: Financial; Business
Operations; Information Resources Management; Pollution Control and Cleanup; and
Environmental Investment and Infrastructure. In addition to these five directorates, OA established
1 For more information, please see: https://www.epa.gov/office-inspector-general/epa-oig-organization-profile.
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another four directorates to provide oversight of the EPA's implementation of the Infrastructure
Investment and Jobs Act: Drinking Water Investments; Special Drinking Water Projects; Clean
Water Investments; and Recycling, Clean Up, and Pollution Prevention. Together, they are
responsible for independent oversight of EPA and CSB programs and for recommending needed
improvements to programs and operations. Specifically, OA conducts financial and performance
audits to assess the economy, efficiency, and effectiveness, internal control, and compliance of
EPA Superfund programs and EPA Superfund business operations.
OIG's evaluations arm resides with the Office of Special Review and Evaluation (OSRE). OSRE
is comprised of four directorates. OSRE's three evaluation directorates are responsible for
independent oversight of EPA programs and recommending needed improvements to programs
and operations. The three evaluation directorates within OSRE are: 1) Programs, Offices, and
Centers Oversight Directorate; 2) the Implementation, Execution, and Enforcement Directorate;
3) the Environmental Infrastructure Oversight Directorate. OSRE's fourth directorate the
Administrative Investigations Directorate, conducts administrative investigations into allegations
of misconduct by senior agency employees and complaints of whistleblower reprisal by agency
employees, or employees of agency contractors, subcontractors, grantees, subgrantees or personal
services contractors. The directorate also performs special reviews of significant events and
emergent issues of concern that involve a suspected or alleged violation of law, regulation, or
policy, or allegations of serious mismanagement.
OA conducts its mission in compliance with the Inspector General Act, as amended, and the
Generally Accepted Government Accounting Standards. OSRE conducts its mission in
compliance with the Council of the Inspectors General on Integrity and Efficiency's Quality
Standards for Inspection and Evaluation and Quality Standards for Federal Offices of Inspector
General, as applicable based upon the work performed. Work efforts focus on efficiency and
program operations: program performance, including the award and administration of grants and
contracts; statutorily mandated audits; financial reviews of grantees and contractors; and
information resources management. In addition, performance audits, program reviews,
evaluations, and inspections are conducted specifically to ensure targeted coverage of EPA
programs and offices providing the greatest impact and receiving the greatest resources.
The investigative mission of the OIGis to conduct criminal, civil, and administrative investigations
into fraud and serious misconduct within the EPA that undermine the organization's integrity and
public trust or creates an imminent risk or danger. OIG investigations are coordinated with the
Department of Justice and other federal, state, and local law enforcement entities, as appropriate.
These investigations may lead to prosecution and civil judgments wherein there is a recovery and
repayment of financial losses. The major areas of investigative focus include fraudulent practices,
program integrity, laboratory fraud, serious employee misconduct, and cyber-crimes.
The audit, special review and evaluations, and investigative core mission program offices are
directly supported by the OIG's management and administrative functions of its Office of the Chief
of Staff, and Office of Counsel and Congressional and Public Affairs.
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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 - 2026EPA Strategic Plan.
The activities of the OIG are supported through the core value to be the best in public service
through customer service, integrity, and accountability. The summary of this value is to contribute
to improved EPA Superfund and other cleanup programs and operations, protecting human health
and the environment, and enhancing safety; and conduct audits, evaluations, and investigations
that enable EPA to improve business practices and accountability to meet stakeholders' needs. The
OIG assists the Agency in its efforts to develop and enforce regulations that implement
environmental laws by making recommendations to improve program operations; save taxpayer
dollars; reduce the potential for fraud, waste, and abuse; respond to cybercrimes; and resolve
previously identified major management challenges and internal control weaknesses resulting in
cleaner air, land, and water, and ensured chemical safety for America. During FY 2021, the Agency
implemented 122 corrective actions in response to OIG's recommendations to improve EPA
programs and/or processes.
In FY 2024, the OIG will target initiatives supporting EPA's Top Management Challenges and
stated priorities. To execute this mission, the OIG will increase its agility to assess emerging
environmental threats; increase its use of data analytics, business analytics, and business
intelligence to better target resources to address high risk, high vulnerability areas of interest;
employ best practices in support of improving efficiency, effectiveness, accountability, and
monetary benefits; focus on measurable impact; and increase its return on investment to the
American public regarding issues related to the Superfund Program.
Based on prior work, agency challenges, cross-agency risk assessment, future priorities, and
extensive stakeholder input, the OIG will focus its resources on efforts in the following areas of
concentration during FY 2024:
Audits and Evaluations
The OIG Office of Audit and Office of Special Review and Evaluation conduct projects to oversee
EPA's efforts to improve human health and the environment. The Offices will identify program
and management risks and determine if EPA is efficiently and effectively reducing human health
risks; taking effective enforcement actions; cleaning up hazardous waste; managing waste;
restoring previously polluted sites to appropriate uses; and ensuring long-term stewardship of those
sites. The OIG assignments will include: assessment of the adequacy of internal controls in EPA
(and its grantees and contractors) to protect resources and achieve program results; project
management to ensure that EPA (and its grantees and contractors) have clear plans and
accountability for performance progress; enforcement to evaluate whether there is consistent,
adequate, and appropriate application of the laws and regulations across jurisdictions with
coordination between federal, state, and local law enforcement activities; and evaluation of grants
and contracts to verify that such awards are made based upon uniform risk assessment, and that
grantees and contractors perform with integrity.
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Prior audits and evaluations of the Superfund Program have identified numerous barriers to
implementing effective resource management and program improvements. Therefore, the OIG will
concentrate its resources on efforts in the following assignment areas:
Whether EPA is managing its Superfund special accounts in accordance with statutory and
regulatory requirements and EPA's policy and guidance.
Whether EPA is using funds from the Infrastructure and Investment Jobs Act to begin
construction projects at Superfund sites awaiting funding as required by the Act.
Whether EPA has achieved its goal, through Superfund institutional controls, to prevent
human exposure at Superfund sites.
How the EPA's Office of Land and Emergency Management allocates funding and staffing
resources to accomplish work required by statute or executive order versus work that is not
statutorily required.
In addition, the OIG will assess ways to minimize fraud, waste, and abuse, with emphasis on
identifying opportunities for cost savings and reducing risk of resource loss, while maximizing
results achieved from Superfund contracts and assistance agreements.
Investigations
The Inspector General Act identifies the Assistant Inspector General for Investigations as
responsible for developing and implementing an investigative program that furthers OIG
objectives. The OIG's Office of Investigations (01) conducts independent investigations to detect
and prevent fraud, waste, and abuse, while protecting the integrity of EPA's Superfund Program.
Investigations focus on allegations of criminal activity and serious misconduct in EPA Superfund
programs and operations. The OIG performs its proactive work strategically as opportunities and
resources allow. Investigations are opened in accordance with priorities set forth in the OIG
Strategic Plan for FY 2019 - 2023 and in consideration of prosecutorial guidelines established by
U.S. Attorneys. OIG investigations are governed by the Attorney General Guidelines for Offices
of Inspector General with Statutory Law Enforcement Authority and by the Council of the
Inspectors General on Integrity and Efficiency's Quality Standards for Investigations, as well as
other federal statutes and regulations.
The investigative mission of the OIG continues to evolve in conducting criminal and civil
investigations into fraud and serious misconduct within EPA Superfund programs and operations
that undermine the organization's integrity and public trust or create an imminent risk or danger.
Special Agents within the 01 are duly appointed federal criminal investigators and have statutory
authority to carry firearms, make arrests, execute search and seizure warrants, and perform other
law enforcement duties. The 01 often collaborates with other law enforcement entities and external
stakeholders to enhance the effectiveness of its work. The OIG investigations are coordinated with
the Department of Justice and other federal, state, and local law enforcement entities for criminal
and civil litigation or with EPA management for administrative action. Investigative efforts may
lead to criminal convictions, administrative sanctions, civil monetary penalties, and judgments
wherein there is a recovery and repayment of financial losses. In addition, during and at the
conclusion of investigations, the 01 works with the Suspension and Debarment Office within EPA,
"whose actions protect the government from doing business with entities that pose a business risk
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to the government." The OIG's measure to capture criminal, civil, and administrative actions
showed a result of 58 OIG investigations on fraud, waste, and abuse in FY 2021.
The OIG plays a critical oversight role helping to ensure that EPA and CSB funds are properly
expended and not subject to fraud, waste, or abuse. Investigative focus in this oversight include:
1) fraudulent practices in awarding, performing, and paying Superfund contracts, grants, or other
assistance agreements; 2) program fraud or other acts that undermine the integrity of, or confidence
in the Superfund Program and create imminent environmental risks; 3) laboratory fraud relating to
data, and false claims, or erroneous laboratory results that undermine the basis for decision-
making, regulatory compliance, or enforcement actions in the Superfund Program; 4) criminal
conduct or serious administrative misconduct by EPA employees involved in the Superfund
Program; and 5) intrusions into and attacks against EPA's network supporting Superfund Program
data, contractors and grant recipients handling sensitive EPA data, as well as incidents of computer
misuse and theft of intellectual property or sensitive/proprietary Superfund data.
Finally, the 01 often makes observations or "lessons learned" for EPA's management to reduce
the Agency's vulnerability to criminal activity in the Superfund Program. The results of 01's
investigations are published and can serve as a deterrent to future misconduct. In addition, the 01's
investigations provide measurable results wherein recovery and restitution of financial losses are
achieved, and administrative actions are taken to prevent those involved from further participation
in any Superfund Program or operation which may lead to better accountability and deterrence.
The 01 has organized its Field Operations Directorate into two regional offices - the Eastern
Region Field Office and the Western Region Field Office, with five associated field offices - the
Northeast, Washington Metropolitan, Southeast reporting to the Eastern region and Southwest and
Western reporting to the Western region. The Eastern Region Field Office is responsible for
matters within EPA Regions 1 through 5 while the Western Region Field Office is responsible for
matters within EPA Regions 6 through 10. This realignment has improved the efficiency,
effectiveness, and consistency of the 01's operations by allowing the Field Operations Directorate
to better oversee its field operations and investigations. In addition, the 01 Headquarters hired an
attorney-advisor to support its investigative operations.
Follow-up and Policy/Regulatory Analysis
To further promote economy, efficiency, and effectiveness, the OIG will publish compendiums of
unimplemented recommendations, which report instances where appropriate agency corrective
actions have not been planned or implemented for OIG recommendations or where intended
improvements have not been achieved. This process will serve as a means for keeping Congress
and EPA leadership apprised of accomplishments and opportunities for needed corrective actions
and facilitate greater accountability for results from the OIG operations.
Additionally, as directed by the IG Act, as amended, the OIG's audits and evaluations often cover
assessment of proposed and existing policies, rules, regulations, and legislation pertaining to the
clean-up programs, to include Superfund, to identify vulnerability to waste, fraud, and abuse.
These assessments also consider possible duplication, gaps, or conflicts with existing authority,
leading to recommendations for improvements in their structure, content, and application.
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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):
(+$649.0) 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 support for Executive Order 14028 cybersecurity
requirements, electronic discovery for FOIA and litigation support, and implementation of
Trusted Vetting 2.0.
(+$1,300.0 / +6.0 FTE) This investment provides resources to create a standalone IT
system and to conduct audits, evaluations, and investigations relating to oversight of the
Agency's Superfund Program. This investment includes $1.2 million for payroll.
(+$98.0 / +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:
Inspector General Act of 1978.
Inspector General Reform Act:
The following information is provided pursuant to Section 6(g)(2) of the Inspector General Reform
Act:
The aggregate budget request from the Inspector General for the operations of the OIG is
$78.4 million ($64.5 million Inspector General: $13.8 million Superfund Transfer)
The aggregate President's Budget for the operations of the OIG is $78.4 million ($64.5
million Inspector General: $13.8 million Superfund Transfer)
The portion ofthe aggregate President's Budget needed for training is $1.1 million ($864.0
thousand Inspector General: $190.0 thousand Superfund Transfer)
The portion of the aggregate President's Budget needed to support the Council of the
Inspectors General on Integrity and Efficiency is $282.4 thousand ($231.6 thousand
Inspector General: $50.8 thousand Superfund Transfer)
"I certify as the Inspector General of the Environmental Protection Agency that the amount I have
requested for training satisfies all OIG training needs for FY 2024".
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Compliance
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Compliance Monitoring
Program Area: Compliance
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Environmental Programs & Management
$108,996
$112,730
$162,105
$49,375
Inland Oil Spill Programs
$278
$649
$2,152
$1,503
Hazardous Substance Super/und
SI.2S
S 1.01 ~
S 1.032
.S IS
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 Superfund Compliance Monitoring Program supports enforcement of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) or "Superfund" law.
EPA's national enforcement and compliance data system, the Integrated Compliance Information
System (ICIS) and the Enforcement Compliance History Online (ECHO), include and tracks
Superfund-related enforcement activities. Electronic tracking of Superfund enforcement work
allows EPA to ensure that its enforcement resources are allocated to address the most significant
concerns and facilitates transparency.
FY 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 will focus on timely enforcement in communities with potential environmental
justice (EJ) concerns. The Program will continue to support tracking of CERCLA compliance and
enforcement activities in ICIS and ECHO.
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
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FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$15.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.).
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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
Environmental Programs & Management
$13,016
$14,995
$14,685
-$310
Hazardous Substance Super/und
S/./.?"
SIJ2S
SIJ2S
SO
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, 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.2 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
2 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,3 the Agency is streamlining business processes and systems to reduce
reporting burden on states and regulated facilities and to improve the effectiveness and efficiency
of environmental programs for EPA, states, and tribes. EPA also is responsible for managing EN
technical governance groups and administering the pre- and post-award phases of the EN grants
to states, tribes, and territories. These efforts support a standards-based, secure approach for EPA
and its state, tribal, and territorial partners to efficiently exchange and share environmental data
electronically. The Agency also administers and implements the Cross-Media Electronic
Reporting Regulation (CROMERR) that removes regulatory obstacles for e-reporting to EPA
programs under Title 40 of the Code of Federal Regulations (CFR).
EPA aims to reduce burden and avoid costs while improving IT. The Agency provisioned Virtual
Exchange Services (VES), or virtual nodes, to facilitate data transactions supporting states and
tribal partners. EPA will continue to carry out the baseline support for the adoption and onboarding
of VES and associated services for EPA and its partners. This includes providing a technology
framework - shared CROMERR services - which reduces the burden on programs and external
reporters by providing CROMERR compliant solutions. For example, the shared electronic
identity proofing and signature services for CROMERR support 31 partner regulatory reporting
programs to date. EPA estimates that partners adopting shared CROMERR services save $120
thousand in development and at least $30 thousand in operations each year, which results in a cost
avoidance of greater than $2.5 million for EN partners.
In FY 2024, EPA will continue to improve the functionality and use of the System of Registries.4
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 is the Agency's effort to promote the adoption of data services is the
integration of tribal identification services (TRIBES) across EPA systems.
In FY 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 receives approximately 90 thousand pageviews per month;
many of these pageviews are users visiting SRS web area to understand regulatory information
about chemicals. SRS also receives between 20 thousand and 140 thousand web service hits per
3 For more information on the 21st Century Integrated Digital Experience Act, please refer to:
https://www.c0ngress.g0v/l 1.5/plaws/publ336/.PLAW-1.1.5publ336.pdf.
4 For more information, please see: https://ofmpub.epa.gov/sor intemet/registry/sysofreg/about/about.jsp.
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month (depending on reporting cycles), mostly by EPA systems that have incorporated the web
services into their online reporting forms. In FY 2024, priorities for EPA registries include
continually improving registry technologies by migrating the registries to the cloud environment
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.
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:
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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Enforcement
-------
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
F.n\ironmenlal Programs & Management
$55,343
S62.704
$66,487
$3,783
HuzuriloH.s Substance Super/und
stu-i'j
S'.VJ'J
S HJ,44
S/t-15
Total Budget Authority
$63,492
$70,703
$75,131
$4,428
Total Workyears
252.9
269.3
296.0
26.7
Program Project Description:
The Criminal Enforcement Program investigates and works with the U.S. Department of Justice
(DOJ) to prosecute criminal violations of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) and associated violations of Title 18 of the United
States Code such as fraud, conspiracy, false statements, and obstruction of justice. EPA's criminal
investigators (Special Agents) do this through investigation of criminal conduct, committed by
individual and corporate defendants that threatens public health and the environment.
The Criminal Enforcement Program is strengthened by an ongoing collaboration with the
Environmental Justice (EJ) Program, other EPA program offices, and DOJ to ensure our Superfund
enforcement work is informed and targeted to address overburdened or vulnerable communities
and to expand outreach opportunities through those offices.
Within the Criminal Enforcement Program, forensic scientists, attorneys, technicians, engineers,
and other program experts assist Special Agents in their investigations. EPA's criminal
enforcement attorneys provide legal and policy support for all the program's responsibilities,
including forensics and expert witness preparation, information law, and personnel law to ensure
that program activities are carried out in accordance with legal requirements and agency policies.
These efforts support environmental crimes prosecutions primarily by the United States Attorneys
and DOJ's Environmental Crimes Section. In FY 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.
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In FY 2024, the Agency requests an additional $546.0 thousand and 0.7 FTE to support efforts to
interdict the illegal import, manufacture, and use of certain hydrofluorocarbon (HFC) products,
pursuant to the American Innovation and Manufacturing (AIM) Act. EPA will continue efforts to
devote resources toward, and effectively focus on, those areas and communities that are
disproportionally affected by pollution and environmental crime.
EPA will continue to address Superfund-related issues within criminal enforcement, including in
overburdened communities. The Criminal Investigation Division (CID) works with partners at
DO J to jointly prosecute wrongdoing and reduce the impact pollution has on these areas through
investigation, judicial actions, and settlements. The Environmental Justice Criminal Initiative
focuses prioritization of investigative resources to overburdened and vulnerable communities,5
while maintaining case initiation standards and reducing the impact of pollution. 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. EPA program goals and priorities include
the following:
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 environmental justice work. Activities will include data mining
and mapping to identify where communities with EJ concerns, crime victims, and public
health impacts overlap. This strategy will aid the Program in identifying sources of
pollution impacting these communities and will focus criminal enforcement resources on
the nation's most overburdened and vulnerable populations and, where appropriate, use of
crime victim program resources and emergency funds to assist individuals in 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 Criminal Enforcement Program, working with Office of Air and Radiation
and the Department of Homeland Security, will continue implementing its responsibilities
as a part of the HFC Enforcement Task Force, whose permanent mission is to ensure U.S.
compliance with the AIM Act. The Task Force will continue to identify, intercept, and
interdict illegal HFC imports, share data to support allowances, train customs officers and
enforcement personnel, and address common HFC import experiences with other
countries. EPA will need to continue standing up its new enforcement and compliance
framework. EPA would leverage our experience working with Customs and Border
Protection (CBP), DOJ, and other federal partners to successfully enforce federal laws
related to HFCs. Critically important to success in this media are dedicated analysts in the
Criminal Enforcement Program to research, assess, and coordinate with federal partners,
private industry, and task force members.
5 For additional information, please see: https://www.govinfo.gov/content/pkg/FR-2023-01-12/pdf/2023-00500.pdf.
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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):
(+$99.0) 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.
(+$546.0 / +0.7 FTE) This program investment will ensure EPA has the capacity and
technical expertise to investigate, analyze, sample, test, transport, and store HFCs. The
increase in FTE will allow analysts to research, assess, and coordinate with federal
partners, private industry, and task force members. This investment includes $157.0
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);
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); American
Innovation and Manufacturing Act.
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Forensics Support
Program Area: Enforcement
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Detect Violations and Promote Compliance
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Science & Technology
SI 4.815
SI 5.532
SI 8.657
S3.125
HuzuriloH.s Substance Super/und
S !.(>'(>
S 1.240
SI./i-IS
S-/O.S
Total Budget Authority
$16,491
$16,772
$20,305
$3,533
Total Workyears
71.6
70.3
76.3
6.0
Program Project Description:
The Forensics Support Program provides expert scientific and technical support for Superfund
civil and criminal enforcement cases, as well as technical expertise for the Agency's compliance
efforts. EPA's National Enforcement Investigations Center (NEIC) is an environmental forensic
center accredited for both laboratory analysis and field sampling operations that generate
environmental data for law enforcement purposes. It is fully accredited under International
Standards Organization (ISO) 17025, the main standard used by testing and calibration
laboratories, as recommended by the National Academy of Sciences.6 The NEIC maintains a
sophisticated chemistry and physical science laboratory, and a corps of highly trained inspectors
and scientists with expertise across environmental media. The NEIC works closely with EPA's
Criminal Enforcement Program to provide technical support (e.g., sampling, analysis,
consultation, and testimony) to criminal investigations. The NEIC also works closely with other
EPA programs to provide technical assistance, consultation, and on-site inspection, investigation,
and case resolution services in support of the Agency's Superfund Enforcement Program.
The Forensics Support Program will continue to provide expert scientific and technical support for
EPA's Superfund enforcement efforts, focus its work on collecting and analyzing materials to
characterize contamination, and attribute it to individual sources and/or facilities. The work NEIC
performs typically represents the most complex cases nationwide, requiring a level of expertise
and equipment not found elsewhere in EPA, as well as support to evaluate and leverage emerging
technologies. The laboratory also will continue to coordinate its support for the Agency's
Superfund, Research and Development, and Land and Emergency Management Programs.
FY 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.
6 Strengthening Forensic Science in the United States: A Path Forward, National Academy of Sciences, 2009, available at:
fattp: //www.nap. edu/ca talog ,php?record id= 1.2 5 89.
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In FY 2024, the Agency requests an additional $109.0 thousand and 0.2 FTE to ensure EPA has
the capacity and technical expertise to investigate, analyze, sample, test, and transport
hydrofluorocarbons (HFCs). Effective enforcement relies on the best available science, and the
additional funding and FTE will help ensure the Agency is well positioned to address the harm
presented by HFCs. The additional funding supports critical climate change initiatives, including
forensics support of climate change enforcement efforts both in civil and criminal enforcement.
This is vital to EPA's ability to enforce HFC phase down regulations which are imperative to
reducing climate impacts. In FY 2024, NEIC will make significant investments to assist with HFC-
related enforcement capabilities, including inspector training, acquisition of field sampling
equipment, and expansion of laboratory analytical capabilities to the meet the urgent demand for
highly complex HFC analysis.
In FY 2024, NEIC will support the President's directive to deliver environmental justice (EJ) to
communities across America and to hold polluters accountable for their actions. To achieve these
goals, the Agency will employ NEIC's environmental forensics expertise to investigate violations
of environmental statutes and prosecute environmental crimes in communities that are
disproportionally affected by pollution and environmental crime, and to target those areas more
effectively. NEIC supports EJ concerns by targeting critical industry inspections in overburdened
or vulnerable communities and utilizes the data to work with the EPA regional office to take an
enforcement action that could ultimately improve air and water quality in such communities. NEIC
also will further develop and deploy the Agency's Geospatial Measurement of Air Pollution
(GMAP) van, a mobile tool to help identify Clean Air Act noncompliance throughout the United
States.
In FY 2024, NEIC will continue to streamline its forensics work and identify enhancements to the
Agency's sampling and analytical methods, using existing and emerging technology. The NEIC
will continue to build on its previous progress to maximize the efficiency and effectiveness of its
operations, reduce the time for completion of civil inspection reports, improve procurement
processes, and continue to identify and implement further efficiencies in laboratory operations.
NEIC will continue to enhance the work completed in FY 2021 and FY 2022 to support criminal
and civil program efforts to combat climate change. The results of these efforts will inform EPA's
work in FY 2024 and beyond.
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 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, changes to benefits costs, and changes to lab utilities
and security costs.
-------
(+$109.0 / +0.2 FTE) This program investment will ensure EPA has the capacity and
technical expertise to investigate, analyze, sample, test, transport, and store HFCs. This
investment includes $37.0 thousand for payroll.
(+$287.0) This program net increase will be used to support the Agency's forensics
laboratory at the National Enforcement Investigations Center.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA); American Innovation Manufacturing Act.
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Superfund: Enforcement
Program Area: Enforcement
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Hold Environmental Violators and Responsible Parties Accountable
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Hazardous Substance Super/und
SH><),444
srij-i'
SO
-s l'lj-i-
Total Budget Authority
$169,444
$171,347
$0
-$171,347
Total Workyears
737.9
771.3
771.8
0.5
In FY 2024, the Budget proposes to transition the Superfund 771.3 FTE from the annual Superfund appropriated
resources to the Superfund tax receipts as reimbursable FTE. These FTE are built into the Agency's FTE ceiling.
Program Project Description:
The Superfund Enforcement Program protects communities by ensuring prompt site cleanup using
an "enforcement first" approach that maximizes the participation of liable and viable parties in
performing and paying for cleanups and preserving federal dollars for sites where there are no
liable or viable parties. The Superfund Enforcement Program obtains potentially responsible
parties' (PRPs) commitments to perform or pay for cleanups through judicial and administrative
enforcement actions. The Superfund Enforcement Program works closely with the Superfund
Remedial and Superfund Emergency Response and Removal Programs and the U.S. Department
of Justice (DOJ) to combine legal and technical skills to bring enforcement actions and address
emerging issues. Superfund enforcement efforts ensure that_Superfund sites with responsible
parties are cleaned up in a timely manner and result in more site cleanups than would be possible
using only government funds.
The Superfund Enforcement Program:
Obtains cleanup commitments from responsible parties and other third parties, thereby
providing long term human health and environmental protections and making contaminated
properties available for reuse.
Negotiates site cleanup agreements and, where necessary, takes enforcement actions to
require cleanup and recover costs, thereby preserving federal taxpayer dollars for sites
where there are no viable contributing parties.
Develops cleanup enforcement policies.
Provides guidance and tools that clarify potential environmental cleanup liability, with
specific attention to the cleanup, reuse, and revitalization of contaminated properties.
In FY 2022, the Superfund Enforcement Program secured commitments for cleanup and cost
recovery and billed parties for oversight costs, all totaling more than $670.2 million. The use of
Superfund enforcement tools resulted in cleanup and redevelopment at 131 private party sites in
FY 2022.
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Payments received pursuant to settlement agreements with responsible parties for past costs EPA
expended on cleanups as well as cash-out funds received from parties for future site cleanup may
be deposited into site-specific special accounts established for use consistent with a settlement
agreement for a specific site. Site specific special accounts provide needed cleanup dollars at many
sites that otherwise may not have received funding. In FY 2022, EPA collected $280.9 million
from responsible parties to deposit into special accounts and disbursed or obligated approximately
$237.7 million from special accounts to perform cleanup actions at sites (excluding
reclassifications).
The Superfund Enforcement Program continues to encourage and facilitate PRPs' expeditious and
thorough cleanup of sites, to create oversight efficiencies, and to promote the redevelopment and
reuse of sites by encouraging PRPs to invest in cleanup that facilitate reuse outcomes. In addition,
the Superfund Enforcement Program encourages new private investment in the cleanup and reuse
of sites by optimizing tools to encourage third-party investment. EPA also works to ensure that
legally enforceable institutional controls and financial assurance requirements are in place at
Superfund sites to ensure the long-term protectiveness of Superfund cleanup remedies.
FY 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 President's Budget proposes to transition the Superfund Enforcement Program
from the annual Superfund appropriated resources to the Superfund tax receipts.7 The Program
will continue to encourage and facilitate PRP's prompt site cleanup in FY 2024 to preserve more
of the tax dollars for cleanups where there are no viable PRPs.
In FY 2024, the Agency will continue to strengthen EPA's Superfund Enforcement Program,
complement work in the Superfund Remedial and Superfund Emergency Response and Removal
Programs, provide financial support for DOJ to pursue judicial actions to compel PRP cleanup,
and support possible actions in response to per- and polyfluoroalkyl substances (PFAS) releases.
EPA will continue its work to achieve prompt site cleanup, maximize the work participation by
PRPs, and secure private party funding of cleanups. In addition, the Agency will prioritize its
efforts on the most significant sites in terms of human health and environmental impact. To support
the Agency's focus on environmental justice and climate change, the Superfund Enforcement
Program intends to:
Require responsible parties to take early cleanup actions;
Ensure prompt cleanup actions by responsible parties;
Develop robust enforcement instruments that address impacts on communities and
climate change vulnerabilities;
Increase oversight of enforcement instruments;
Build trust and capacity through increased community engagement; and
7 The U.S Treasury forecasts collecting a total of $2.54 billion in Superfund tax receipts in FY 2023 which will be available for
use in FY 2024 across EPA Superfund programs.
-------
Integrate sustainability principles into enforcement tools, policies, and guidance used for
the cleanup and reuse of contaminated sites.
The Agency will continue its efforts to establish site-specific special accounts to facilitate cleanup.
As special account funds may only be used for sites and uses specified in the settlement agreement,
special account resources, annually appropriated resources, and Superfund tax receipts are critical
to the Superfund Program to clean up Superfund sites. In addition, the Agency continues to work
under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
to address PFAS contamination by gathering information to support possible actions under
multiple statutory authorities in response to PFAS releases. In anticipation of PFAS being
designated as CERCLA hazardous substances, the Agency expects the Superfund enforcement
workload to increase significantly. In addition, the Superfund Enforcement Program will continue
its efforts to address contamination at historically impacted communities, focusing on community
engagement and facilitating cleanup at such sites.
DOJ's participation in CERCLA cases is statutorily mandated for settlements related to remedial
action cleanups, most cost recovery settlements, and is required for all judicial enforcement
matters. DOJ's support will be prioritized to maximize PRP performance of cleanup, particularly
protection of human health at sites located in historically impacted communities. EPA provides
financial support to DOJ for these activities. In FY 2024, similar to the Superfund Enforcement
program, DOJ's support is proposed to be transitioned to the Superfund tax receipts through an
interagency agreement.
Cost Recovery Support:
In FY 2024, the Agency also will continue to standardize and streamline the financial management
processes for the financial management aspects of Superfund cost recovery and the collection of
debt to the federal government. EPA's financial, programmatic, and legal offices will continue to
maintain the accounting and billing of Superfund oversight costs attributable to responsible parties.
These costs represent EPA's cost of overseeing Superfund site cleanup efforts by responsible
parties as stipulated in the terms of settlement agreements. In FY 2022, the Agency collected
$303.9 million in cost recoveries, of which $24.9 million were returned to the Superfund Trust
Fund and $279 million were deposited in site-specific, interest-bearing special accounts.
The Agency will continue to pursue an "enforcement first" approach that maximizes PRP
participation at Superfund sites by performing enforcement activities such as conducting PRP
searches, negotiating site-specific settlements, and recovering costs. These activities ensure that
responsible parties conduct or pay for cleanups and preserve federal dollars for sites where there
are no viable contributing parties. EPA also will work to increase opportunities for community
engagement.
Performance Measure Targets:
EPA's FY 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):
(-$171,347.0 / -771.3 FTE) In FY 2024, the Superfund Enforcement Program is proposed
to be transitioned from the annual Superfund appropriated resources to the Superfund tax
receipts. In FY 2023, the U.S Treasury forecasts collecting a total of $2.54 billion in
Superfund taxes which will be available for use in FY 2024 across EPA Superfund
programs. As a result, the pace of work is not expected to be impacted.
(+771.8 FTE) In FY 2024, the Agency proposes to transition 771.8 Superfund Enforcement
FTE from the annual Superfund appropriated resources to the Superfund tax receipts as
reimbursable FTE.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
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Superfund: Federal Facilities Enforcement
Program Area: Enforcement
Goal: Enforce Environmental Laws and Ensure Compliance
Objective(s): Hold Environmental Violators and Responsible Parties Accountable
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Hazardous Substance Super/und
S -V).?
s.v./yj
S 2J--I
Total Budget Authority
$7,263
$8,192
$10,366
$2,174
Total Workyears
33.6
40.9
45.2
4.3
Program Project Description:
EPA's Superfund Federal Facilities Enforcement Program monitors compliance and pursues
enforcement primarily at sites where there is federal ownership or a federal operator, whether full
or partial, and the federal owner conducts or is involved in the cleanup under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund"). After
years of service and operation, many federal facilities are contaminated with hazardous substances,
pollutants, and contaminants, such as unexploded ordnance and radioactive wastes. Enforcement
actions can facilitate timely cleanup and potential redevelopment of these sites to protect public
health and the environment.
Pursuant to CERCLA Section 120, EPA must enter into Interagency Agreements, commonly
referred to as Federal Facility Agreements (FFAs), with responsible federal entities to ensure
protective and timely cleanup of their National Priorities List (NPL) sites. The agreements provide
that EPA will oversee the cleanups to ensure that they protect public health and the environment.
These FFAs govern cleanups at 174 federal facility Superfund sites, which include many of the
Nation's largest and most complex cleanup projects. While only 10 percent of the NPL sites are
federal facility sites, over 41 percent of the total Operable Units in the Superfund Program are at
these sites. Operable units are sites that can be divided into a number of distinct areas depending
on the complexity of the problems associated with the site. These areas called operable units may
address geographic areas of a site, specific site problems, or areas where a specific action is
required. An example of a typical operable unit could include removal of drums and tanks from
the surface of a site.
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 will continue to support possible actions in response to significant
contamination from federal facilities, including a request for an increase of approximately $2.2
million and 4.3 FTE to address per- and polyfluoroalkyl substances (PFAS) releases. EPA will
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continue to focus its enforcement resources on the highest priority sites, particularly those that may
present an imminent and substantial endangerment, have human exposure not yet under control,
have an impact on overburdened or vulnerable communities with environmental justice concerns,
or have the potential for beneficial redevelopment. EPA also will negotiate and amend, as
appropriate, FFAs for federal facility sites on the NPL, and continue to monitor FFAs for
compliance. EPA will expedite cleanup and redevelopment of federal facility sites, particularly
those located in communities with environmental justice concerns, and will use alternative dispute
resolution processes and other approaches to timely resolve formal and informal cleanup disputes.
EPA also will continue to seek ways to improve its engagement with other federal agencies, state,
tribal, local governments, and their partners, emphasizing protective, timely cleanups that address
communities' needs. EPA will work with its federal partners to encourage greater community
outreach and transparency.
The Agency also will work to address PFAS contaminations and releases by developing
information to support possible actions under multiple statutory authorities. Federal facilities (e.g.,
Department of Defense military bases and Department of Energy sites) are starting to act at their
PFAS-contaminated NPL sites. As federal agencies conduct this work at their federal facility NPL
sites, CERCLA requires EPA to oversee the work. An increased investment for EPA's Superfund
Federal Facilities Enforcement Program will support EPA's efforts to monitor the increasing
number of initiated PFAS remedial investigations projected to occur at federal facilities in the
coming years. In FY 2024, the Program will pursue enforcement actions, where needed, to ensure
compliance with CERCLA and other federal environmental laws, and to protect public health.
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):
(-$1.0) 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 an increase in 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.
(+$2,175.0 / +4.3 FTE). This program increase will be used to address PFAS contamination
by overseeing the increasing number of initiated remedial investigations projected to occur
at federal facilities. This investment includes $792.0 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); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) § 120.
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Environmental Justice
Program Area: Environmental Justice
Goal: Take Decisive Action to Advance Environmental Justice and Civil Rights
Objective(s): Embed Environmental Justice and Civil Rights into EPA's Programs, Policies, and
Activities
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Environmental Programs & Management
$20,455
$102,159
$369,106
$266,947
Hazardous Substance Super/und
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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. EPA's EJ Program
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 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 at or near Superfund sites.
Work in this program directly supports Administrator Michael Regan's message "Our
Commitment to Environmental Justice" issued on April 7, 2021,8 in addition to supporting
implementation of Executive Order (EO) 13985: Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government,9 EO 14008: Tackling the Climate
Crisis at Home and Abroad,10 and Goal 2, Take Decisive Action to Advance Environmental Justice
and Civil Rights, of the FY 2022 - 2026 EPA Strategic Plan. In accordance with the American
Water Infrastructure Act of 2018 (P.L. 115-270), every EPA regional office employs a dedicated
8 For more information, please see: https://www.epa.gov/newsreleases/epa-admiiiistrator-regan-amiounces-new-iiiitiatives-
support-environmental-justice-and.
9 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/.
10 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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EJ coordinator, and the Agency maintains a list of these persons on the EPA's website.11 The
Superfund portion of this program has focused on issues that affect people of color, low income,
and indigenous communities at or near Superfund sites. The EJ Program complements the
Agency' s community outreach and other work done under the Superfund Program at affected sites.
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.
EPA will advance implementation of EJ activities in support of the Superfund Program. The EJ
Program will elevate and expand the use of coordinated and collaborative community-driven
partnerships to address community priorities by promoting the active engagement of community-
based organizations, other federal agencies, and tribal, state, and local governments. This will
advance environmental protection and public health for overburdened communities at or near
Superfund sites. The EJ Program will guide EPA's efforts to empower communities to identify
and develop solutions to address environmental harms, working to utilize nationally consistent
data that combines environmental and demographic indicators in mapping and prioritizing
communities with EJ concerns at or near Superfund sites. These efforts help build healthy and
sustainable communities through technical assistance, enabling overburdened and vulnerable
communities to revitalize their local economies while also better facilitating EPA efforts to further
focus federal resources and program design to benefit communities with EJ concerns and those
most at risk of climate change impacts at or near Superfund sites.
The EJ Program will continue to partner with and support other agency programs in their efforts
to fully integrate EJ considerations into all of EPA's policies, programs, and activities while also
developing nationally consistent data that combines environmental and demographic indicators in
mapping and prioritizing communities with EJ concerns at or near Superfund sites.
Performance Measure Targets:
Work under this program supports performance results in the Environmental Justice Program
under the EPM appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$12.0) 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. This funding change
includes a slight reduction to the Program. The Agency will continue to address the needs
of overburdened, underserved, and vulnerable communities.
11 For more information on EPA's regional office contacts, please see: https://www.epa.gov/environmentaljustice/forms/contact-
us-about-environmental-justice.
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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); and Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
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Homeland Security
-------
Homeland Security: Preparedness, Response, and Recovery
Program Area: Homeland Security
Goal: Safeguard and Revitalize Communities
Objective(s): Prepare for and Respond to Environmental Emergencies
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Science & Technology
$24,536
$25,347
$39,539
$14,192
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Total Budget Authority
$59,561
$60,008
$96,023
$36,015
Total Workyears
121.8
124.1
138.3
14.2
Program Project Description:
EPA leads or supports many aspects of preparing for and responding to a nationally significant
incident involving possible chemical, biological, radiological, and nuclear (CBRN) agents. The
Homeland Security Preparedness, Response, and Recovery Program implements a broad range of
activities that cover multifaceted federal efforts, including:
National trainings;
Participation in national interagency exercises with federal and state partners;
Support for headquarters and regional Emergency Operations Centers;
Enhancements for national information technology systems;
Secured warehouse space for homeland security operations and storage; and
Laboratory analyses of environmental samples and site decontamination projects.
EPA's homeland security effort develops these responsibilities through research and maintaining
a level of expertise, training, and preparedness specifically focused on threats associated with
CBRN. This work is consistent with the Department of Homeland Security's (DHS') National
Response Framework.
EPA assists with multi-media training and exercise development and implementation for
responders, which establishes and sustains coordination with states, local communities, tribes, and
other federal agencies (OF As). The Agency also provides technical assistance to OF As, including
DHS, the Department of Defense (DOD), the Department of Justice (DOJ), and the Department of
Health and Human Services (HHS), in the areas of environmental characterization,
decontamination, and waste disposal methods. In addition, the program operates a national
environmental laboratory for chemical warfare agents and implements EPA's National Approach
to Response.
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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.
In FY 2024, the Homeland Security Preparedness, Response, and Recovery Program will:
Utilize the Airborne Spectral Photometric Environmental Collection Technology
(ASPECT) aircraft. ASPECT aids first responders by providing aerial surveillance
screening for wide-area chemical, radiological, and nuclear detection, as well as infrared
and advanced imagery products with real-time data delivery.
Initiate a multi-year strategic modernization of the ASPECT airborne screening capability
to the Chemical Incident and Radiological Reconnaissance on Unmanned Systems
(CIRRUS) program. In FY 2024, EPA is requesting an increase of $12.3 million and 1.8
FTE to support CIRRUS needed to expedite emergency response. Transition this capability
to remotely piloted platforms to more effectively and efficiently support emergency
response, climate crisis, and environmental justice missions. This system would
simultaneously reduce response time to a broader geographic area, enhance response
redundancy, capitalize on potential cost-efficiencies of remotely piloted vehicles, and
significantly reduce the hazards associated with crewed flight operations at extremely low
altitudes.
Operate, enhance, and significantly overhaul the aging Portable High-Throughput
Integrated Identification System (PHILIS) capability. PHILIS units provide the Nation
with mobile analytical "all hazards" confirmatory labs (qualitative and quantitative) with
unique capability to analyze chemical and biological warfare threat agents. PHILIS
provides on-scene, high-throughput analyses of air, soil, and water samples in areas that
have experienced a significant incident. PHILIS can support risk mitigation of
contaminated sites which face climate change impacts and affect communities with
environmental justice concerns by mobilizing laboratory capabilities to areas of need. In
FY 2024, EPA is requesting an increase of $10 million to replace outdated PHILIS
equipment. This modernization will upgrade the platform (mobility) and the laboratory
(analytical equipment). The platform replacements will provide greatly improved long-
distance mobility, reliability, maintenance and operating costs, and operational uniformity.
The equipment investment will procure state-of-the-art systems to increase overall
automation, throughput, and sensitivity of the PHILIS assets as well as bring parity in
capabilities between the two ("East" and "West") PHILIS labs.
Participate in trainings and exercises on CBRN preparedness and response topics with key
federal response partners (e.g., DHS, DOD, and DOJ) on select inter-agency workgroups.
Target exercises to improve preparedness for communities with environmental justice
concerns and increase incorporation of environmental justice into preparedness activities.
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Provide expertise on detection, environmental characterization, decontamination, and
waste disposal methods following the release of a CBRN agent.
Maintain operational support for the Emergency Management Portal and WebEOC
response systems.
Conduct research to enhance response capabilities by developing methods, tools, and
information for site characterization, decontamination, waste management, and clearance
for priority chemical, biological, and radiological threats all while reducing time and cost,
and ensuring safety.
Conduct research to generate resources, tools, and training for risk communication
outreach, building relationships, and community engagement to empower under-resourced
communities and populations with environmental justice concerns.
Proceed with the development of sample collection protocols and analysis methods for
inclusion in EPA's Environmental Sampling & Analytical Methods (ESAM)12 on-line tool.
EPA's ESAM detection, sampling, and analysis tool helps local, state, territorial, tribal,
and federal emergency response field personnel and their supporting laboratories more
effectively and efficiently respond to incidents, enabling smooth transitions of samples and
data from the field to the laboratory to decision makers.
Maintain a highly skilled, well-trained, and well-equipped response workforce that has the
capacity to respond to simultaneous incidents as well as threats involving CBRN
substances. This includes training On-Scene Coordinators, volunteers of the Response
Support Corps (RSC), and members of Incident Management Teams. RSC volunteers
provide critical support to headquarters and regional Emergency Operations Centers and
assist with operations in the field. To ensure technical proficiency, this cadre of response
personnel requires initial training and routine refresher training.
Performance Measure Targets:
Work under this program directly supports performance results in the Superfund: EPA Emergency
Preparedness program under the Superfund appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$531.0) 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.
(+$12,346.0 / +1.8 FTE) This program change is an increase in resources and FTE to
support Chemical Incident and Radiological Reconnaissance on Unmanned Systems
(CIRRUS) needed to expedite emergency response and provide additional assistance to
12 For more information, please see: https://www.epa.gov/esam.
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partners external to the agency. These efforts will assist in improving preparedness for
communities with environmental justice concerns such as fenceline communities. This
investment includes $332.0 thousand in payroll costs.
(+$10,000.0) This program change is an increase in resources to replace outdated PHILIS
equipment. These funds will allow the program to complete a PHILIS equipment upgrade,
update all mobile lab technology, and replace vehicle platforms. These efforts will assist
in improving preparedness for communities with environmental justice concerns such as
fenceline communities.
(-$178.0) This program change is a decrease in resources for site characterization and
decontamination research.
(+$186.0 / +1.2 FTE) This program change increases resources and FTE for homeland
security preparedness efforts. This includes $186.0 thousand in payroll costs.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act, §§ 104, 105, and 106;
Homeland Security Act of 2002.
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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
Environmental Programs & Management
$4,903
$5,188
$5,158
-$30
Science & Technology
$501
$625
$501
-$124
Building and Facilities
$7,049
$6,676
$6,676
$0
Hazardous Substance Super/und
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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:
The federal government develops and maintains Continuity of Operations (COOP) plans and
procedures that provide for the continued performance of its essential functions. The Homeland
Security COOP Program works with other government and non-government organizations to
ensure that Mission Essential Functions (MEFs) and Primary Mission Essential Functions
(PMEFs) continue to be performed during emergency situations. The Department of Homeland
Security/Federal Emergency Management Agency's (FEMA) Federal Continuity Directive-1
requires EPA to develop a continuity plan that ensures its ability to accomplish its MEFs from
an alternate site during a national disaster continues, and that the Agency will be able to continue
operations successfully with limited staffing and without access to resources available during
normal activities.
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.
In FY 2024, EPA will:
Expand efforts, under FEMA's Federal Mission Resiliency (FMR) directives, including
assessment of the FMR strategy, building upon existing National Continuity Policy,
updating training and exercise materials to incorporate FMR constructs, and developing
assessment tools to measure progress.
Conduct selected annual reviews of regional COOP plans, PMEFs and MEFs, and make
updates as needed.
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Monitor the continuity programs across the Agency, focusing on testing, training, and
exercises as related to general COOP awareness and procedures.
Undergo a monthly evaluation of the headquarters' COOP Program, including program
plans and procedures, risk management, budgeting, and essential functions. Further,
FEMA will perform an in-person biannual review of EPA's COOP Program and provide
the results to the Administrator and to the Executive Office of the President.
Performance Measure Targets:
EPA's FY 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):
(+$501.0) This program change is an increase in resources to support EPA's COOP
implementation and training.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act §§ 104, 105, 106;
Intelligence Reform and Terrorism Prevention Act of 2004; Homeland Security Act of 2002;
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute).
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Indoor Air and Radiation
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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
Environmental Programs & Management
$8,244
$9,088
$11,638
$2,550
Science & Technology
$2,224
$1,683
$2,349
$666
Hazardous Substance Super/und
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Total Budget Authority
$12,479
$13,243
$16,997
$3,754
Total Workyears
53.9
54.8
67.2
12.4
Program Project Description:
This program addresses potential radiation risks that may be found at Superfund and hazardous
waste sites. Through this program, EPA ensures that Superfund site cleanup activities reduce
and/or mitigate the health and environmental risks of radiation by including support of removal
actions, as needed.
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.
Work in this program directly supports protecting communities from hazardous waste and
environmental damage, thereby protecting human health and the environment and contributing to
the well-being of disadvantaged communities that may be disproportionately impacted by
radioactive releases. In FY 2024, EPA's National Analytical Radiation Environmental Laboratory
(NAREL) in Montgomery, Alabama, and National Center for Radiation Field Operations
(NCRFO) in Las Vegas, Nevada, will continue to provide analytical and field support to manage
and mitigate radioactive releases and exposures. These two organizations provide analytical and
technical support for the characterization and cleanup of Superfund and hazardous waste sites.
NAREL and NCRFO provide data evaluation and assessment, document review, and field support
through ongoing fixed and mobile analytical capability. Thousands of radiochemical analyses are
performed annually at NAREL on a variety of samples from contaminated sites. NAREL is EPA's
only radiological laboratory with in-house radiochemical analytical capability. NCRFO provides
field-based technical support for screening and identifying radiological contaminants at Superfund
and non-Superfund sites across the country, including air sampling equipment and expert
personnel.
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More specifically, these organizations focus on providing technical support and high-quality data
to support agency decisions at sites across the country. They also develop guidance for cleaning
up Superfund and other sites that are contaminated with radioactive materials.
Performance Measure Targets:
EPA's FY 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 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.
(+$37.0) This change to fixed and other costs is an increase due to the recalculation of lab
utilities.
(+$532.0 / +2.4 FTE) This program change reflects an increase in program capacity for
activities such as analytical and field support to assess, manage, and mitigate radioactive
releases and exposures at contaminated sites. This investment includes $418.0 thousand
in payroll.
Statutory Authority:
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
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IT/ Data Management/ Security
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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
Environmental Programs & Management
$10,450
$9,142
$23,889
$14,747
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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 $6.8 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.13
13Work 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-improving-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-
content/uploads/2019/09/M- 19-26.pdf)
OMB Memo M-21-30: Protecting Critical Software Through Enhanced Security Measures (https://whitehouse.gov/wp-
content/uploads/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-Improving-the-
Federul-Governments-lnvestigative-and-Remediation-Capabilities-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)
OMB Memo M-22-09: Moving the U.S. Government Toward Zero Trust Cybersecurity Principles
(https://www.whitehouse.gov/wp-content/uploads/2022/01/M-22-Q9.pdf)
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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 focuses 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,14 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 Program
(CDM) to ensure up-to-date technologies are implemented.
OMB Memo M-22-16: Administration Cybersecurity Priorities for the FY 2024 Budget (httj)s://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
14 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-
1.0/docunients/ epaoig_201.71.030-1. S-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 CIO's 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.15 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,16'17 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.
15 Including those found in Federal Information Security Modernization Act of 2014 and Federal Information Security
Cybersecurity Act of 2015.
16 Government Accountability Office Report on information and communications technology (ICT) Supply Chain: GAO-21-
164SU.
17 For more information, please see: https://csrc.iiist.gov/publications/detail/sp/800-53/rev-5/fiiial.
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Performance Measure Targets:
(PM ALR) Implementation of advanced event logging requirements (EL3) across EPA networks.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 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.
I V 20 r
I V 20IS
I V 201')
I V 2020
I V 2021
I V 2022
FY 2023
FY 2024
Units
Target
90
95
Percent
Actual
Numerator
Systems
Denominator
(PM DIT) Percentage of EPA data in transit in compliance with encryption requirements.
I V 201"'
I V 20IS
I V 201')
I V 2020
I V 2021
I V 2022
I V 2023
FY 2024
Units
Target
)0
95
Percent
Actual
Numerator
Systems
Denominator
(PM MFA) Percentage of EPA applications in compliance with multifactor authentication requirements.
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
75
85
90
Percent
Actual
48
Numerator
223
Applications
Denominator
463
(PM ZTA) Percentage of "Zero Trust Architecture" projects completed on time.
I V 20 r
I V 20IS
I V 201')
I V 2020
I V 2021
I V 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):
(+$6,797.0) This program change supports enhancements to protect the Agency's
information technology infrastructure and advance the implementation of Executive Order
14028: Improving the Nation's Cybersecurity. This investment will increase EPA's
information technology resiliency and limit vulnerabilities in the event of a malicious
attack.
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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
Environmental Programs & Management
$90,029
$91,821
$105,868
$14,047
Science & Technology
S2.799
S3.197
S3.313
SI 16
Hazardous Substance Super/und
SHt.tr5
S IV.-fi-l
s r.-J'
-S2.0J-
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:
The work performed under the Information Technology/Data Management (IT/DM) Program
supports human health and the environment by providing critical IT infrastructure and data
management. The Program ensures analytical support for interpreting and understanding
environmental information; exchange and storage of data, analysis, and computation; rapid, secure,
and efficient communication; and access to scientific, regulatory, policy, and guidance information
needed by the Agency, regulated community, and the public.
This program supports the maintenance of EPA's IT and Information Management (IT/IM)
services that enable citizens, regulated facilities, states, and other entities to interact with EPA
electronically to access, analyze and understand, and share environmental data on-demand. The
IT/DM Program also provides support to other IT development projects and essential technology
to EPA staff, enabling them to conduct their work effectively and efficiently in the context of
federal IT requirements, including the Federal Information Technology Acquisition Reform Act
(FITARA); Technology Business Management (TBM); Capital Planning and Investment Control;
and the Open, Public, Electronic, and Necessary Government Data Act.
FY 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 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-21-25.18 This includes modernizing the Agency's obsolete voice
18 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-25.pdf
-------
communications system and investing in the enterprise network to support enhanced collaboration
flowing smoothly and efficiently within a widely distributed community.
In FY 2024, EPA will continue to maintain and modernize the Agency' s enterprise network switch
infrastructure necessary for the operations of the EPA network including data centers. This will
ensure critical infrastructure is replaced when it reaches end of life/end of support. Failure to
replace switch infrastructure may result in network degradation, which leaves EPA vulnerable to
cybersecurity threats, and can disrupt operations.
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.19 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.
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
14035.20 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 2022,21 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,
19 For additional information, please refer to: https://www.whitehouse. gov/wp-content/uploads/201.9/08/M-1.9-21. -new-2 .pdf.
20 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/. 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/.
21 For additional information, please refer to:
https://oversight.house.gov/sites/democrats.oversight.house.gov/files/COR%20Scorecard%2014.pdf.
-------
and with the public, meeting federal standards as required by Executive Order 13556:
Controlled Unclassified Information.22
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 14058.23 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.
The Agency's Chief Technology Officer, Chief Architect, and Chief Data Officer will continue to
enhance enterprise software development and architecture capabilities, including application
development, deployment approaches, and technical platform support. EPA will identify and
prioritize the interoperability of data within EPA and across federal agencies that benefits internal
and public-facing services. Driven by demand from federal partners, EPA will identify
opportunities to share data with other federal partners in the National Secure Data Service and
other sharing platforms. EPA will support data collection in a few priority areas, where required,
to improve our efforts to address our learning agenda priority questions, environmental justice,
and other agency efforts focused on civil rights and equity challenges.
In FY 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.
22 For more information, please refer to Executive Order: https://www.federalregister.gOv/documents/2010/l 1/09/2010-
28360/controlled-unclassified-information.
23 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/documents/2021/12/16/2021-27380/transfonniiig-federal-customer-experience-and-service-
delivery-to-rebuild-trust-in-govemment.
-------
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 upgrading its web infrastructure to ensure that it meets current
statutory and security requirements.
Performance Measure Targets:
Work under this program supports performance results in the Information Technology /Data
Management Program under the EPM appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$14.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
(-$2,051.0) This decrease represents a resource shift within the Information
Technology /Data Management/Security Program Area to support the high-priority
implementation of Executive Order 14028 - Improving the Nation's Cybersecurity in the
Information Security Program Project.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Federal Information Technology Acquisition
Reform Act; Federal Information Security Modernization Act (FISMA); Government
Performance and Results Act (GPRA); Government Management Reform Act (GMRA); Clinger-
Cohen Act (CCA); Rehabilitation Act of 1973 § 508.
-------
Legal / Science / Regulatory / Economic Review
-------
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
Environmental Programs & Management
SI. 196
S972
$2,194
$1,222
lluzurilim.s Substance Super/und
SO'JS
.S -VI
ssso
SS'J
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 Superfund Program matters 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 support the
Superfund Program's work with communities, Potentially Responsible Parties, and other
stakeholders, and in particular assist the Superfund Program in meeting their legal requirements to
engage meaningfully with communities by helping to develop collaborative and effective
partnerships.
Significantly, the ADR Program provides conflict resolution and community engagement support
for the Superfund Program to assist with contentious situations at some of the most challenging
sites, including a recent request for ADR Program support for public meetings in Ohio in the wake
of the Norfolk Southern freight train derailment. In addition to the conflict prevention and
resolution support that the ADR Program provides at several Superfund sites across the country,
the ADR Program also supports the Superfund Program's needs for training in negotiation, public
involvement, and other similar topics. Beginning in FY 2023, for the first time in nearly a decade,
the ADR Program will deliver conflict resolution training for the Community Involvement
Training Program, the National Association of Remedial Project Managers Training Program, and
the On-Scene Coordinators Readiness Training Program. The Program expects to do so again in
FY 2024.
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 expects to provide conflict prevention and ADR services on an increasing
number of Superfund Program matters. This program also supports implementation of Executive
-------
Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the
Federal Government.24
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 more than 34 Superfund projects by providing facilitators
and mediators to resolve conflicts at Superfund sites and is expected to take on an
additional 20 to 30 projects in FY 2024. The ADR Program has experienced an increase in
requests for contract services to support community involvement at Superfund sites in FY
2022 and thus far in FY 2023, and the trend is expected to continue. Contract support
contributes to more productive engagement between the Superfund Program and affected
communities, especially underserved and overburdened communities.
Provide the services described above through the four conflict resolution specialists on staff
and 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 of public meetings, mediation, or other consensus building support on 6 to 10
Superfund projects. As with contract support, direct staff support promotes greater
collaboration and the inclusion of underserved and overburdened communities at
Superfund sites experiencing conflict.
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 regional offices. The ADR Program delivered two trainings to agencywide
Superfund audiences in FY 2022, including negotiation training for the National
Association for Remedial Project Managers' annual conference. As of February 2023, the
ADR Program has delivered two trainings to Superfund audiences and has at least two
more planned. The ADR Program expects to increase routine training for Superfund
Community Involvement Coordinators in FY 2024. Trainings include the building of
critical skills for Superfund personnel, such as working across cultural divides and
supporting productive dialogue. These skills help Superfund Program staff 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 supporting the Superfund Program:
24 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/.
-------
Provided facilitation and mediation assistance for more than 41 agency supported
Superfund projects, an increase of 37 percent over FY 2021, including multiple sites with
challenging community engagement issues.
Developed a Community Involvement Plan for the Baird & McGuire Superfund Site in
Region 1 after completing a conflict assessment. The detailed plan guides community
involvement efforts to support environmental justice at the site, design meetings and
materials that are accessible to marginalized communities, provide access to site
information and cleanup efforts, practice consistent outreach and communication, and
coordinate with state, local, and tribal governments.
Provided facilitation services for a Region 2 Superfund Community Advisory Group with
a high degree of ethnic, religious, and socio-economic diversity. The facilitator has assisted
the group with conflicts related to issues of diversity and inclusion, and they have helped
the group improve communication and engagement practices.
Provided training support for Superfund audiences, including negotiation and other courses
for Community Involvement Coordinators, Remedial Project Managers, and others
working on Superfund sites.
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):
(+$89.0) 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. This change includes a
program increase for the use of alternative dispute resolution processes, such as mediation
and facilitation, to promote equity by including underserved communities in negotiations.
Statutory Authority:
Administrative Dispute Resolution Act (ADRA) of 1996; Negotiated Rulemaking Act of 1996;
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
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Legal Advice: Environmental Program
Program Area: Legal / Science / Regulatory / Economic Review
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Environmental Programs & Management
$63,795
$60,061
$85,252
$25,191
Hazardous Substance Super/und
S 4'5
SS'J'J
S-l"
-S122
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 representation, legal counseling, and
legal support for environmental activities under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). Funding supports legal advice needed in the
Superfund Program's extensive work to clean up contaminated sites, which advances
environmental justice (EJ) for neighboring communities and supports EPA's state, tribal, and local
partners. For example, the Program provides legal analysis and advice to help inform EPA's
decisions regarding the assessment of certain contaminants at a given Superfund site under federal
law, and a party's potential liability under CERCLA.
The Program supports EPA's Superfund work at thousands of sites spanning the wide array of
Superfund legal issues regarding removal and remedial cleanups costing billions of dollars. The
Program is essential to providing the high-quality legal work to ensure that EPA's decisions protect
human health and the environment.
FY 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 prioritize legal support for the Superfund Program in order to assist with the
Administration's priorities including: tackling the climate crisis, advancing EJ, and supporting
state, tribal and local partners. The Program's increasing work to support CERCLA activities and
these priorities includes but is not limited to: counseling on how to address EJ and climate
resiliency in EPA's remedy decisions at Superfund sites, counseling on authorities to address
emergencies and disasters, counseling on the defensibility of agency actions, drafting significant
portions of agency actions, and participating in litigation in defense of agency actions.
-------
In particular, the Program expects a continued significant increase in work to provide key legal
advice related to cleanups, enforcement, rulemakings, guidance, and litigation concerning PFAS.
The Program provides critical legal advice on actions that are part of the EPA's "PFAS Strategic
Roadmap", an Administration priority which takes a whole-of-agency approach to address per-
and polyfluoroalkyl substances (PFAS). For example, the Program will provide significant counsel
on EPA's proposal to designate PFAS as a CERCLA hazardous substance, an action that, if
finalized, could significantly advance EJ goals for communities across the country impacted by
PFAS. Similarly, the Program provides legal counsel on other agency actions, including an
advance notice of proposed rulemaking on various PFAS and guidance related to the destruction
and disposal of PFAS. Legal review is critical to the Superfund Program at many points throughout
the cleanup process. This program also provides legal advice and counseling for final rules adding
Superfund sites to the National Priorities List (NPL), an important step in advancing cleanup at
the Nation's most contaminated sites. This benefits states, tribes, and local communities, who may
not have adequate resources to address these sites on their own. The Program also provides legal
advice on the statutory and regulatory requirements governing the remedy selection process (such
as the consideration of state and tribal standards). This work also benefits states, tribes and local
communities to allow for state/tribal and public engagement on cleanups in their communities.
The following are examples of FY 2022 accomplishments, which illustrate this program's
important role in implementing the Agency's core priorities and mission:
Legal Support on PFAS: Provided a significant amount of critical legal advice on a top
Administration priority of addressing PFAS contamination. The Solid Waste and
Emergency Response Law Office (SWERLO) counseled on multiple complex issues,
including a proposed rule to designate Perfluorooctanoic acid (PFOA)/Perfluorooctane
sulfonic acid (PFOS) as CERCLA hazardous substances (published Sept. 6, 2022), the use
of CERCLA authority to compel potentially responsible parties to investigate and address
PFAS, and the impacts of proposed legislation on EPA's authorities. SWERLO also
represented EPA's interests in ongoing interagency discussions related to the federal
government's approach to PFAS investigation and cleanup, including at military bases.
Gold King Mine Litigation Settlements (In re Gold King Mine Release, No. l:18-md-
02824, (D.N.M., May 13, 2021)): Served as the Agency lead in settlement negotiations
with New Mexico and Navajo Nation, resulting in a $32 million and a $31 million
settlement, respectively, in exchange for dismissal of all claims - valued by plaintiffs at
approximately $300 million - pending against EPA and the United States. As a result of
these settlements, EPA will not further litigate its potential CERCLA liability for
involvement with the 2015 Gold King Mine release. An adverse outcome on EPA's
liability could have had significant implications for the Superfund Program.
Favorable Decision in Superfund Litigation (Daikin Applied Americas, Inc., et al v. EPA,
No. 20-1479 (D.C. Cir. July 8, 2022)): Served as the Agency lead in successfully defending
EPA in the D.C. Circuit case challenging EPA's placement of the Highway 100 and County
Road 3 Groundwater Plume site near Minneapolis, Minnesota on the Superfund NPL. The
D.C. Circuit upheld EPA's listing, concluding that EPA properly followed the Hazard
-------
Ranking System (HRS) scoring procedures, supported its conclusions with substantial
evidence and adequately addressed the petitioners' comments.
Legal Support for Superfund cleanups: Provided critical legal support related to cleanup of
Superfund and related sites, including performing legal review of Action Memos for almost
$100 million in CERCLA removal actions and counseling on remedial action legal issues
at numerous high-profile sites, such as Hunters Point Naval Shipyard, Agriculture Street
Landfill, and Oak Ridge Reservation.
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):
(-$122.0) 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 the Program. The Program will continue to provide legal
representation, counsel, and support for the Agency's CERCLA activities.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified at Title 5, App.) (EPA's organic statute); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
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Operations and Administration
-------
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
Environmental Programs & Management
$36,051
$37,251
$41,609
$4,358
I.caking Underground Storage Tanks
SI 58
SI 81
SI 36
-S45
Hazardous Substance Super/und
S23.550
yi.i. ".v
VO//
Total Budget Authority
$59,759
$64,679
$75,503
$10,824
Total Workyears
281.7
307.7
355.7
48.0
Program Project Description:
Superfund resources in the Acquisition Management Program support EPA's contract activities,
which cover planning, awarding, and administering contracts for the Agency. Efforts include
issuing acquisition policy and interpreting acquisition regulations; administering training for
contracting and program acquisition personnel; providing advice and oversight to regional
procurement offices; and providing information technology (IT) improvements for acquisition.
FY 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,25 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
25 For additional information, please refer to: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/01/25/executive-order-on-ensuring-the-future-is-made-in-all-of-america-by-all-of-americas-'workers/.
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comprehensive architecture for the Agency's supply chain as well as mechanisms to identify and
mitigate risk.
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.
In FY 2024, in support of Administration climate sustainability initiatives, EPA will work with
applicable program offices to identify and prioritize procurement plans that spur innovation,
commercialization, and deployment of clean energy technologies.
EPA remains committed to leveraging Category Management, Spend Under Management (SUM),
Best-In-Class (BIC), and strategic sourcing principles in each of its programs and purchasing areas
to save taxpayer dollars and improve mission outcomes. In FY 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,26 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.
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,
26 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/12/M-22-03.pdf
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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.
In FY 2024, EPA will continue to evaluate options for replacing the EPA Acquisition System with
an approved government-wide Federal Shared Service Provider for a contract writing system in
line with government-wide mandates to increase the use of shared services.27 The Agency is
focusing on a modern acquisition solution that reduces costs while increasing efficiency by
standardizing federal procurement planning, contract award, administration, and close-out
processes. Transition preparations include data management strategies, business process reviews,
and user engagement to develop a business case and ensure data elements conform with Federal
Government Procurement standards. As part of this effort, in FY 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.
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):
(+$2,350.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE due to annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs.
(+$5,231.0 / +28.0 FTE) This program change will strengthen EPA's capacity to process
new, increased, and existing award contract actions in a timely manner; advance EPA
utilization of small and disadvantaged business; support "Made in America" initiatives;
and support supply chain risk management activities for information and communication
technology. This investment includes $5.2 million for payroll.
(-$1,070.0) The program change is a reduction in system operations and development
resources for EPA's Acquisition System.
27 OMB-19-16 "Centralized Mission Support Capabilities for the Federal Government, for more information, please refer to:
https://www.whitehouse.gov/wp-content/uploads/201.9/04/M-1.9-1.6.pdf.
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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
Environmental Programs & Management
$82,781
$87,099
$99,812
$12,713
Leaking Underground Storage Tanks
$360
$457
$469
$12
Hazardous Waste Electronic Manifest System Fund
$149
$0
$0
$0
Hazardous Substance Super/und
S 2thl<>2
SMJ3S
S30.20'
-SUM
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:
EPA's financial management community maintains a strong partnership with the Superfund
Program. EPA's Office of the Chief Financial Officer (OCFO) supports this continuing partnership
by providing a full array of financial management support services and systems necessary to pay
Superfund bills and recoup cleanup and oversight costs for the Trust Fund. EPA's OCFO manages
Superfund activities under the Central Planning, Budgeting, and Finance Program in support of
integrated planning, budget formulation and execution, financial management, performance and
accountability processes, financial cost recovery, and systems to ensure effective stewardship of
Superfund resources. This program supports agency activities to meet requirements of the
Government Performance and Results Modernization Act (GPRMA) of 2010,28 as amended by the
Foundations for Evidence-Based Policymaking Act of 2018 ("Evidence Act"), with an emphasis
on Title I of the Act;29 the Digital Accountability and Transparency (DATA) Act of 2014;30 the
Federal Information Technology Acquisition Reform Act (FITARA) of 2015;31 the Federal
Management Financial Integrity Act (FMFIA);32 the Inspector General Act of 1978.33
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.
28 For more information, please see: https://www.congress.gOv/l 1.l/plaws/publ352/PLAW-l 1. Ipubl352.pdf
29 For more information, please see: https://www.congress.gOv/l 1.5/plaws/publ435/.PLAW- 115publ435.pdf.
30 For more information, please see: https://www.congress.gOv/l 13/plaws/publlOl/PLAW- 113publl01.pdf.
31 FITARA became law as apart of the National Defense Authorization Act for Fiscal Year 2015 (Title VIII, Subtitle D),
https://www.c0ngress.g0v/l 1.3/plaws/pubt291/PLAW-1.1.3publ291. .pdf.
32 For more information, please see: https://www.govinfo.gov/content/pkg/STATUTE-96/pdf/STATUTE-96-Pg814.pdf.
33 For more information, please see: https://www.govinfo.gov/content/pkg/USCODE-2012-title5/pdf/USCODE-2Q12-title5-app-
inspector.pdf
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In FY 2024, the Agency requests an additional 0.5 FTE in this program project. This increase
invests in a solution that would move the Agency forward in assessing enterprise and
programmatic risk, internal control, and audit management and provides for necessary fixed costs
increases. EPA will continue to provide resource stewardship to ensure that all agency programs
operate with fiscal responsibility and management integrity, financial services are efficiently and
consistently delivered nationwide, and programs demonstrate results. EPA will maintain key
planning, budgeting, and financial management activities. EPA will ensure secure and efficient
operations and maintenance of core agency financial management systems: Compass, PeoplePlus
(Time and Attendance), Budget Formulation System, which includes a Performance Module, and
related financial reporting systems. The Agency is reviewing its financial systems for
modernization opportunities to support greater efficiencies and effectiveness and targeting legacy
systems for replacement. Dashboards are now in place to support payroll and FTE management,
and to support GPRMA performance planning and systematic tracking of progress.
In FY 2024, EPA also will continue to standardize and streamline business processes and
operations to promote transparency and efficiency. The Program will apply Lean Management
techniques and leverage input from customer-focused councils, advisory groups, and technical
workgroups to continue improving as a high-performance organization. Additionally, EPA has
implemented Treasury's Invoice Processing Platform (IPP) for reviewing invoices and paying
commercial vendors. As of July 2023, roughly 98 percent of contract invoices are being handled
through this system. Beginning in FY 2023, EPA will add additional payment types to this system,
including Superfund Contract 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. By the end of FY 2023, the
Agency will have fully implemented G-invoicing for new and existing agreements, which will
streamline processing and improve management of Interagency Agreements (IA) with the Army
Corps of Engineers for Superfund site clean-up. In FY 2024, EPA will focus on post
implementation activities and review and address system user process concerns.
In FY 2024, the Program will continue to focus on core responsibilities in the areas of strategic
planning and budget preparation, financial reporting, transaction processing, and Superfund Cost
Recovery. In FY 2024, EPA will be using a new eRecovery system for Superfund, Federal
Emergency Management Agency, and Oil Spill billing and cost recovery. This new system will
modernize and replace the legacy system to improve functionality and security. The Program will
continue to implement FITARA requirements in accordance with EPA's Implementation Plan.34
The Chief Information Officer will continue to be engaged throughout the budget planning process
to ensure that information technology (IT) needs are properly planned and resourced in accordance
with FITARA.
The Program will continue to conduct internal control program reviews and use the results and
recommendations from the Office of Inspector General (OIG) to provide evidence of the soundness
of EPA's financial management program and identify areas for further improvement. Annually,
EPA conducts internal control reviews of multiple programs. The Program also will collect key
34 For more information please see: http://www.epa.gov/open/fitara-implementation-plan-and-chief-iiifoniiation-ofTLcer-
assignment-plan.
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operational statistics for its financial management program to further evaluate its operations and
for management decision-making. For example, in FY 2022, OCFO recognized additional
opportunities for engagement with the 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.
With increased focus on internal controls, audit management, and enterprise risk assessment, in
FY 2024, the Agency requests resources to oversee an integrated solution. The new Integrity Tool
would allow the Agency to easily crosswalk the anticipated increase in the number of audits related
to Infrastructure Investment and Jobs Act (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.
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),35 and OMB Memorandum M-
21-19 Appendix C,36 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, EPA 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 be established to prevent and detect possible improper payment
activities.
Performance Measure Targets:
Work under this program supports performance results in the Central Planning, Budgeting, and
Finance Program under the EPM appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$1,481.0) This change to fixed and other costs is an increase due to the recalculation of
base workforce costs for existing FTE from annual payroll increases, adjustments to
provide essential workforce support, and changes to benefits costs. 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.
(+$91.0 / +0.5 FTE) This program change invests in a management integrity tool to turn
manual data collection and analysis activities into a streamlined, customer-focused and
35 For more information, please see: https://www.congress.gOv/l 16/plaws/publl 17/PLAW-l 16publl 17.pdf.
36 For more information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/03/M-21-19.pdf
-------
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 $91.0 thousand for payroll.
(-$1,203.0) This disinvestment reflects the cost savings from the decommissioning of the
SCORPIOS cost recovery system in FY 2023 and the development costs of the replacement
system, e-recovery, which will fully transition to operations and maintenance status in FY
2024. The program change also includes efficiencies gained in adopting G-Invoicing for
I As.
(-$1,500.0) This disinvestment reflects a one-time cost to complete enhancements for the
agency infrastructure investment for devolution and Continuity of Operations projects and
other workforce support needs.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified as Title 5, App.) (EPA's organic statute); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
-------
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
Environmental Programs & Management
$291,501
$283,330
$305,753
$22,423
Science & 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 Supcrjund
S'OJOS
VoA?-/
S '1.541)
S
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:
Superfund resources in the Facilities Infrastructure and Operations Program fund the Agency's
rent, utilities, and security. The Program also supports centralized administrative activities and
support services, including health and safety, environmental compliance and management,
facilities maintenance and operations, space planning, sustainable facilities and energy
conservation planning and support, property management, mail, and transportation services.
Funding for such services is allocated among the major appropriations for the Agency.
FY 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 the Agency proposes an investment of $5.9 million and 0.5 FTE for the
Facilities Infrastructure and Operations Program. These additional resources will support
agency wide climate sustainability and resiliency, EPA facilities projects, and EPA's Climate
Adaptation Plan. The Agency will continue to pursue agencywide climate sustainability and
resiliency initiatives and EPA facilities projects. Investing in the reconfiguration of EPA's
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 of 2016 37 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
37 For additional information, please refer to: https://www.congress.gOv/bill/l 14th-congress/house-bill/4465. Federal Assets Sale
and Transfer Act of 2016.
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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 Office of Management and Budget Memorandum M-21-25.38 For FY 2024, the
Agency is requesting $41.41 million for rent, $2.46 million for utilities, and $9.27 million for
security in the Superfund appropriation. EPA uses a standard methodology to ensure that rent
charging appropriately reflects planned and enacted resources at the appropriation level.
EPA also will work to secure physical and operational resiliency for agency facilities. As part of
this work, EPA will continue conducting climate resiliency assessments at all EPA-owned
facilities to identify critical upgrades that are necessary to improve facility resiliency against the
impacts of climate change, such as roofing stability or seawall construction projects. In FY 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.39 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
2024, EPA will continue to transition to electric vehicles through direct purchase (mobile lab
vehicles) or lease through the General Services Administration (GSA) for all future fleet
procurements where economically feasible. EPA also will identify opportunities to build out
necessary charging infrastructure at EPA facility locations. In line with federal sustainability goals,
38 For additional information, please refer to: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-25.pdf.
39 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-
actioiis/2021/01/27/executive-order-oii-tackling-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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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
I V 2023
FY 2024
Units
Target
100
100
Percent
Actual
Numerator
Projects
Denominator
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$1,379.0) 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. This change includes
adjustments to rent, utilities, security, and transit subsidy needs.
(+$4,527.0 / +0.5 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 Managements Systems; EPA facilities projects to
optimize space, avoid costs, and increase efficiency; and EPA's Climate Adaptation Plan.
This investment includes $92.0 thousand for payroll.
Statutory Authority:
Federal Property and Administration Services Act; Reorganization Plan No. 3 of 1970, 84 Stat.
2086, as amended by Pub. L. 98-80, 97 Stat. 485 (codified at Title 5, App.) (EPA's organic statute).
at Title 5, App.) (EPA's organic statute).
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Financial Assistance Grants / IAG Management
Program Area: Operations and Administration
Cross-Agency Mission and Science Support
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Environmental Programs & Management
$29,070
$30,188
$34,350
$4,162
Hazardous Substance Super/und
S4J.S.S
S 4.002
S4.001
Total Budget Authority
$33,258
$34,190
$38,951
$4,761
Total Workyears
141.1
156.8
184.5
27.7
Program Project Description:
Superfund resources in the Financial Assistance Grants and Interagency Agreement (IA)
Management Program support the management of grants and IAs as well as suspension and
debarment activities for assistance and procurement programs. Grants and IAs historically
comprise approximately 60 percent of EPA's annual appropriations. Resources in this program
ensure that EPA manages grants and IAs to meet the highest fiduciary standards and achieve
measurable results for environmental programs and agency priorities, and that the government's
financial resources and business interests are protected from fraud and mismanagement. These
objectives are critically important for the Superfund Program, as a substantial portion of the
Program is implemented through IAs with the U.S. Army Corps of Engineers and the U.S. Coast
Guard.
FY 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.
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 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
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
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 environmental justice (EJ) communities are realizing
the benefits of EPA grant programs.
EPA will continue investments in modernizing grant and IA information technology/information
management (IT/IM) systems, support the improved capacity for oversight and tracking of new
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.
Further, EPA will continue to focus on reducing the administrative burden on EPA and grant
applicants and recipients, and on improving grants management procedures. The Agency will
continue implementing the FY 2021-2025 Grants Management Plan, focusing on the award and
effective management of assistance agreements, enhancing partnerships within the grants
management community, promoting EJ, and ensuring effective grant oversight and accountability.
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:
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):
(-$220.0) 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.
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(+$872.0 / +4.7 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 $872.0 thousand for payroll.
(-$53.0) This program change is attributed 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
Environmental Programs & Management
$56,709
$51,261
$71,093
$19,832
Hazardous Substance Super/und
s ',253
S'.-IIV
S.S. "5/
S 1.332
Total Budget Authority
$63,963
$58,680
$79,844
$21,164
Total Workyears
221.8
254.4
327.4
73.0
Total work years in FY 2024 include 0.2 FTE to support Human Resources Management working capital fund
(WCF) services.
Program Project Description:
Superfund resources for the Human Resources (HR) Management Program support human capital
management (HCM) activities throughout EPA. To help achieve its mission and maximize
employee productivity and job satisfaction, EPA continually works to improve business processes
for critical HCM functions including recruitment, hiring, employee development, performance
management, leadership development, workforce planning, and labor union engagement. This
includes personnel and payroll processing through the Human Resources Line of Business. These
resources also support overall federal advisory committee management and Chief Human Capital
Officer Council activities under applicable statutes and guidance, including the Agency's Human
Capital Operating Plan.
FY 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's HR Management Program will continue to implement EPA's Diversity,
Equity, Inclusion, and Accessibility (DEIA) Strategic Plan, establishment of a centralized EPA
intern program, evidence-gathering under EPA's Learning Agenda, and strengthening agencywide
capacity to hire and onboard staff in a timely and equitable manner. The activities supported by
EPA's HR Management Program contribute to effective workforce management and are critical
for strengthening the workforce, retaining expertise, and capturing institutional knowledge. EPA
continues developing mechanisms to ensure that employees have the right skills to successfully
achieve the Agency's core mission today and in the future.
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EPA is committed to advancing equity, in line with President Biden's Executive Orders (EOs)
13985,40 13988,41 14020,42 14035,43 and 14075.44 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.
40 For additional information, please refer to: https://www.federalregister.gov/documents/2021/01/25/2021-Q1753/advancing-
racial-equity-and-support-for-underserved-communities-through-the-federal-govemment.
41 For additional information, please refer to: https://www.federalregister.gov/documents/2Q21/Ql/25/2Q21-Q1761/preventing-
and-combating-discrimination-on-the-basis-of-gender-identity-or-sexual-orientation.
42 For additional information, please refer to: https://www.federalregister.gov/documents/2Q21/Q3/ll/2Q21-Q5183/establishment-
of-the-white-house-gender-policy-council.
43 For additional information, please refer to: https://www.federalregister.gov/documents/2Q21/Q6/3Q/2Q21-14127/diversity-
equity-inclusion-and-accessibility-in-the-federal-workforce.
44 For additional information, please refer to: https://www.federalregister.gov/documents/2Q22/Q6/21/2Q22-13391/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,45 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. EPA will identify the most critical need for climate literacy training for its workforce.
These efforts will focus on integrating climate adaptation, risk disclosure, and other education
activities into the management of EPA's procurement, real property, public lands, and waters as
well as financial programs.
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 planning 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,46 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.
45 For additional information, please see: https://www.whitehouse.gov/wp-content/uploads/2021/06/M-21-25.pdf.
46 For additional information, please see: https://www.whitehouse.gov/briefuig-rooni/presidential-actions/2021/01/22/executive-
order-protecting-the-federal-workforce/.
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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
Policymaking,47 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:
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):
(+$1,685.0 / +10 FTE) This program change is an increase to develop and implement a
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 $1,130.0 thousand in payroll.
(+$200.0 / +0.6 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 $68.0 thousand in payroll.
(-$913.0) 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.
(+$360.0) 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.
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).
47 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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Research: Chemical Safety and Sustainability
-------
Health and Environmental Risk Assessment
Program Area: Research: Chemical Safety for Sustainability
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
Science & Technology
$38,740
$39,918
$44,942
$5,024
Hazardous Substance Super/und
SV.405
S 4MO I
s
SI 04
Total Budget Authority
$48,145
$44,819
$49,947
$5,128
Total Workyears
159.5
155.9
177.9
22.0
Program Project Description:
EPA's Health and Environmental Risk Assessment (HERA) Research Program is focused on the
science and practice of assessments that inform decisions made by EPA and others, including states
and tribes. These assessments provide the scientific basis for decisions under an array of
environmental laws including the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA). With funding from Superfund, the HERA program supports the risk
assessment needs of the Agency's Superfund Program and regional risk assessors by providing
Provisional Peer-Reviewed Toxicity Values (PPRTVs) and other fit-for-purpose human health
assessments. The HERA Research Program also provides technical support on the application of
human health and ecological risk assessment practices at hazardous waste sites for Superfund.
These assessment tools and activities support risk-based management decisions at contaminated
Superfund and hazardous waste sites.
The HERA Research Program supports the Agency's mission to protect human health and the
environment by identifying and characterizing the health hazards of chemicals of concern to the
Superfund Program and responding to technical requests on topics relevant to human health or
ecological risk assessment at hazardous waste sites. EPA scientists in the HERA Research Program
synthesize available scientific information on the potential health and environmental impacts of
exposures to individual chemicals and chemical mixtures in the environment, such as per- and
polyfluoroalkyl substances (PFAS). PPRTVs and other assessments under the HERA program are
an important source of toxicity information and toxicity values to ensure improvements in human
health and the environment in communities near Superfund sites.
Priorities for PPRTV development are based on the needs of the Agency's Office of Land and
Emergency Management (OLEM), with input from Agency regional offices, and are re-evaluated
annually. Research areas under the HERA program include applying new data streams; read-across
approaches and computational tools; enhancement of supporting data/knowledge bases; and
efficiency of derivation for PPRTV values.
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There are over 1,300 Superfund sites on the National Priorities List.48 Communities near
Superfund sites or in emergency situations are faced with an urgent need for coordinated assistance
to assess and address issues of environmental contamination. The HERA Research Program
anticipates environmental contamination issues and develops new assessment approaches to
enhance rapid response and screening capabilities and to augment toxicity value derivation
procedures for health assessments.
Recent Accomplishments of the HERA Research Program include:
The HERA Research Program has been developing assessment products to inform science-based
decision-making, enhance timely responses, improve screening capabilities, and augment toxicity
value derivations for use in risk assessments.
Portfolio of Chemical Assessments: In FY 2022, EPA finalized seven PPRTV assessments
under the HERA program, including updating PPRTVs for Complex Mixtures of Total
Petroleum Hydrocarbons 49 In FY 2023, EPA anticipates delivering four to nine additional
high-priority PPRTV assessments50 based on the needs and priorities of EPA's Superfund
Program. The HERA Research Program also continues to support the needs of EPA's Office
of Land and Emergency Management through the development of other assessment products
of priority chemicals, such as PFAS, polychlorinated biphenyls, methylmercury, hexavalent
chromium, and inorganic arsenic.51
Advancements in Lead Modeling: In FY 2021, EPA released updates to the Integrated
Exposure Uptake Biokinetic (IEUBK) model to support lead biokinetic modeling in children.
The agency anticipates finalizing updates to the All-Ages Lead Model (AALM) in FY 2023
which will include improved lead biokinetic modeling in adults and children.
Technical Support: The HERA Research Program responds to ongoing requests for scientific
support on human and ecological assessment via the Superfund Health Risk Technical Support
Center52 and Ecological Risk Assessment Support Center.53 Recent efforts have included
providing risk assessment support at Saint-Gobain McCaffrey Street (New York), Plattsburg
Air Force Base (Vermont), Velsicol Chemical Corp (Michigan), Tittabawassee River
(Michigan), LA. Clarke & Son (Virginia), and ASARCO Superfund Site (Nebraska). Ongoing
requests include assistance with employing new approach methods, review of probabilistic risk
assessment models, and continued stakeholder engagement on complex science to address
needs of Superfund sites across the United States. Additionally, issue papers on nominated
topics of interest have also been developed to support risk assessment activities including,
"Allometric Scaling of Terrestrial Wildlife Oral Toxicity Measurements and Comparison of
Ecological to Human Health Assessment Contexts1,54 and "Summary Report, Separating
48 For more information, please see: https
49 For more information, please see: https
50 For more information, please see: https
51 For more information, please see: https
52 For more information, please see: https
53 For more information, please see: https
54 For more information, please see: https
//www, epa.gov/supeifuiid/supeifuiid-iiatioiial-priorities-list-iipl.
//cfpufa. epa. go v/ncea/pprtv/recordi splay ,cfm?deid=3 5 5902.
//www, epa. go v/pprtv.
//www, epa. go v/iris/iri s-recent-addi tions.
//www, epa.gov/laiid-research/supeifuiid-health-risk-techiiical-suppoit-ceiiter-stsc.
//www, epa. go v/land-research/epas-technical-support-centers.
//cfpub.epa.gov/ncea/erasc/recordi splay. cfm?deid=353936.
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Anthropogenic Metals Contamination from Background: A Critical Review of Geochemical
Evaluations and Proposal of Alternative Methodology,"55
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 HERA Research Program's work will focus explicitly on efforts integral to
achieving the Agency's priorities and informing EPA's implementation of key environmental
regulations. Examples of this work include:
PFAS Research: Per- and polyfluoroalkyl substances (PFAS) are a class of chemicals of
concern in the environment. Decision-making on PFAS chemicals is hindered by a limited
number of standard toxicity values. There are still large numbers of PFAS, of high interest to
partners, that currently have no federal published, peer-reviewed toxicity values. As described
in the PFAS Strategic Roadmap,56 within the HERA Research Program, EPA is prioritizing
additional PFAS for development of peer-reviewed toxicity values. This will result in an
expanded set of high-quality peer-reviewed toxicity values for use by federal, state, and tribal
decision makers in making risk assessment and management decisions.
PPRTV Assessments: In FY 2024, the HERA Research Program anticipates delivering four
to nine additional high-priority PPRTV assessments as prioritized by EPA's Office of Land
and Emergency Management.
Portfolio of Assessment Products: In FY 2024, EPA will complement the PPRTVs by
providing additional human health assessment products for priority chemicals. Having
modernized its assessment infrastructure, the Agency will use evidence mapping to provide a
better understanding of the extent and nature of evidence available to address program needs
(i.e., 'fit for purpose').
Linking Databases and Management Tools: In FY 2024, the HERA Program will continue
to collaborate with the Chemical Safety for Sustainability (CSS) Research Program to link the
architecture of assessment databases and literature management tools, including Health and
Environmental Research Online57 and the Health Assessment and Workplace Collaborative58
with the CompTox Chemicals Dashboard59
Rapid Technical Support: In FY 2024, the HERA Program will continue essential technical
assistance across EPA to provide rapid technical support to programs and regions. These
activities will provide expedited technical support for evaluating chemical-specific exposures
55 For more information, please see: https://cfpub.epa.gov/ncea/erasc/recordisplay ,cfm?deid=347774.
56 For more information, please see EPA's PFAS Strategic Roadmap at: https://www.epa.gov/system/files/documents/2021-
10/pfas-roadmap final-508.pdf.
57 For more information, please see: https://hero.epa. gov/hero/.
58 For more information, please see: https://hawcprd.epa.gov/.
59 For more information, please see: https://coiiiptox.epa.gov/dasliboard.
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at Superfund and contaminated sites, as well as incorporating case-specific information related
to urgent situations.
Lead: Childhood lead exposure continues to be one of the highest priorities for EPA. To
advance the application of lead exposure and biokinetic models in EPA regulatory decisions
and site assessments, the HERA Research Program will enhance, evaluate, and apply lead
biokinetic models for estimating potential blood lead levels for regulatory determinations.60
Additionally, the Exposure Factors Handbook61 will be continually updated to provide up-to-
date data on various human factors, including soil and dust ingestion rates, used by risk
assessors.
Please note that certain activities within this program could have implications associated with the
Administration's Cancer Moonshot Initiative.
Research Planning:
EPA research is built around six integrated and transdisciplinary research programs. Each of the
six programs is guided by a Strategic Research Action Plan (StRAP) that reflects the research
needs of Agency program and regional offices, states, and tribes, and is planned with their active
involvement. Each research program has developed and published the fourth generation of the
StRAPs,62 which will continue the practice of conducting innovative scientific research aimed at
solving the problems encountered by the Agency and its stakeholders.
The Office of Research and Development (ORD) works with various groups, including
communities, to ensure the integrity and value of its research through a variety of mechanisms
that include:
EPA's Board of Scientific Counselors (BOSC)
o ORD meets regularly with this committee, which provides advice and
recommendations to ORD on technical and management issues of its research
programs.
State Engagement
o EPA's state engagement63 is designed to inform states about their role within EPA
and EPA's research programs, and to better understand the science needs of state
environmental and health agencies.
60 For more information, please see: https://www.epa.gov/superfuad/lead-superfund-sites-software-and-users-manuals.
61 For more information, please see: https://cfpub.epa.gov/ncea/risk/recordisplay ,cfm?deid=236252.
62 The StRAPs are available and located here: https://www.epa.gov/research/strategic-research-action-plans-fiscal-years-2023-
2026.
63 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
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Tribal Partnerships
o Key tribal partnerships are established through the Tribal Science Program which
provides a forum for the interaction between tribal and Agency representatives.
These interactions identify research of mutual benefit and lead to collaborations on
important tribal environmental science issues.
Performance Measure Targets:
Work under this program supports performance results in the Research: Chemical Safety for
Sustainability Program under the S&T appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$47.0) 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.
(+$151.0) This program change reflects an increase for the Health and Environmental
Assessment program. This increase will assist in advancing science assessments like PPRTV's
as well as analytical approaches for the applications of risk assessments.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
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Research: Chemical Safety for Sustainabilitv
Program Area: Research: Chemical Safety for Sustainability
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
Environmental Programs & Management
$178
$0
$0
$0
Science & Technology
$92,353
$92,550
$103,878
$11.328
Hazardous Substance Super/und
S2.5 "V
SS.0(>0
Sfi M()
SO
Total Budget Authority
$95,110
$100,610
$111,938
$11,328
Total Workyears
275.2
276.7
307.4
30.7
Program Project Description:
EPA's Chemical Safety for Sustainability (CSS) Research Program provides scientific and
technical approaches, information, tools, and methods to support the Agency and others to make
better-informed and more timely decisions about chemicals and their potential risks to human
health and the environment.64 CSS products strengthen the Agency's ability to use the best
available science to evaluate and predict human health and ecological impacts from the use, reuse,
recycling, and disposal of manufactured and naturally occurring chemicals and their by-products.
The CSS Research Program informs Agency decisions about chemicals, accelerates the pace of
chemical assessment and decision-making, and helps to replace, reduce, and refine the use of
mammals used to evaluate chemical risk to ecological and human health. CSS products under the
Superfund appropriation conduct mitigation activities at Superfund sites under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). Research activities under
CSS are coordinated with the activities of other national research programs to inform high priority
research topics, such as research focused on per- and polyfluoroalkyl substances (PFAS).
Coordination with the Health and Environmental Risk Assessment (HERA) Program ensures that
the approaches, tools, and information produced under the CSS Research Program can be used to
improve chemical risk assessments, reduce uncertainties associated with those assessments, and
increase the speed of delivering chemical information to the Agency.
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 CSS Research Program will continue to provide information needed to inform
Agency decisions about PFAS. PFAS are a large class of fluorinated substances of concern. EPA
is committed to supporting tribes, states, and local communities to understand and manage risks
64 For the CSS StRAP, please see: Strategic Research Action Plans Fiscal Years 2023-2026 (Drafts) 1 US EPA
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associated with these chemicals.65 EPA research on PFAS represents a major integrative effort that
will provide systematic information on a broad range of topics. EPA scientists will continue to
identify, curate, evaluate, and extract available physicochemical, structural, exposure, and
toxicological data from the published and gray literature to inform study design, categorization
approaches, and interpretation of emerging studies.
PFAS chemicals will be acquired to expand and maintain the existing PFAS physical library of
compounds to include those PFAS of interest to agency and external partners. Relevant PFAS data
were included in the most recent CompTox Chemicals Dashboard66 release and will continue to
be added in future releases. PFAS fate, transport, occurrence, and persistence in the environment
and in consumer products will be evaluated to help understand exposure scenarios. In addition, a
tiered toxicity testing strategy will be executed which utilizes new approach methods (NAMs) to
evaluate single PFAS chemicals and mixtures in a high throughput manner, followed by targeted
in vivo testing for chemicals identified as priorities. This testing approach will include several
systems-specific toxicity tests, including developmental neurotoxicity, thyroid toxicity,
immunotoxicity, and developmental and reproductive toxicity. Various types of modeling will be
used to translate in vitro results into in vivo outcomes and will include the use of adverse outcome
pathway (AOP) models that link in vitro results to outcomes relevant to regulatory objectives and
in silico predictive toxicity models. NAMS can be used to group and prioritize chemicals, e.g., as
illustrated in the recent PFAS categorization paper.67 In the ecological domain, EPA is developing
multispecies approaches to evaluate species sensitivity differences across taxa to inform aquatic
risk benchmarks. Furthermore, work continues to determine the bioaccumulation of PFAS in
aquatic species, because fish consumption is relevant to human health and exposure. Resources
requested in FY 2024 will build upon the research foundation formed from completed work
outlined in the PFAS Strategic Roadmap 68
Research Planning:
EPA's research is built around six integrated and transdisciplinary research programs. Each of the
six integrated and transdisciplinary research programs is guided by a Strategic Research Action
Plan (StRAP) that reflects the research needs of Agency program and regional offices, states, and
tribes, and is implemented with their active collaboration and involvement. Each research program
has developed and published the fourth generation of the StRAPs,69 which will continue the
practice of conducting innovative scientific research aimed at solving the problems encountered
by the Agency and its stakeholders.
The Office of Research and Development (ORD) works with various groups, including
communities, to ensure the integrity and value of its research through a variety of mechanisms
that include:
65 For more information, please see: https://www.epa.gov/pfas/pfas-communitv-engagement.
66 For more information, please see: https://eomitox.epa.gov/dashboaid.
67 For more information, please see https://www.sciencedirect.com/science/article/pii/S24681.1.1.32200038X
68 For more information, please see: https://www.epa.gov/pfas/pfas-strategic-roadmap-epas-commitments-action-2()21-2024.
69 The StRAPs are available and located here: https://www.epa.gov/research/strategic-research-action-plans-fiscal-years-2023-
2026
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EPA's Board of Scientific Counselors (BOSC)
o ORD meets regularly with this committee, which provides advice and
recommendations to ORD on technical and management issues of its research
programs.
State Engagement
o EPA's state engagement70 is designed to inform states about their role within EPA
and EPA's research programs, and to better understand the science needs of state
environmental and health agencies.
Tribal Partnerships
o Key tribal partnerships are established through the Tribal Science Program which
provides a forum for the interaction between tribal and Agency representatives of
mutual benefit and responsibility to work collaboratively on environmental science
issues.
Performance Measure Targets:
Work under this program supports performance results in the Research: Chemical Safety for
Sustainability Program under the S&T appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
There are no changes to program funding.
Statutory Authority:
Clean Air Act §§ 103, 104; Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA); Children's Health Act; 21st Century Nanotechnology Research and Development
Act; Clean Water Act; Federal Food, Drug, and Cosmetic Act (FFDCA); Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA); Pollution Prevention Act (PPA); Resource Conservation
and Recovery Act (RCRA); Safe Drinking Water Act (SDWA); Toxic Substances Control Act
(TSCA).
70 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
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Research: Sustainable Communities
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Research: Sustainable and Healthy Communities
Program Area: Research: Sustainable 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
Science & Technology
$133,808
$137,857
$146,642
$8,785
Leaking Underground Storage Tanks
$312
$341
$351
$10
Inland Oil Spill Programs
$782
$675
$681
S6
HuzuriloH.s Substance Super/und
SI 0.5/, 2
.N/6. V
srjo-i
s-i: -
Total Budget Authority
$151,463
$155,810
$165,038
$9,228
Total Workyears
422.1
421.8
444.3
22.5
Program Project Description:
This area of EPA's Sustainable and Healthy Communities (SHC) Research Program responds
directly to the Superfund law requirements for a comprehensive and coordinated federal "program
of research, evaluation, testing, development, and demonstration of alternative or innovative
treatment technologies...which may be utilized in response actions to achieve more permanent
protection of human health and welfare and the environment."71
SHC has made a commitment to foster environmental, public health, and economic benefits for
overburdened communities. Superfund remedial technologies will directly support communities
with environmental justice concerns and accelerate solutions to ameliorate the negative impacts
Superfund sites pose for underserved communities. The research will emphasize remediation
technologies that improve long-term site resilience including to the current and potential future
impacts of climate change (e.g., flooding, fire, sea level rise). SHC will apply an integrated systems
approach to incorporate diverse data streams to increase understanding of linkages between the
total environment (built, natural, and social) and public health to support communities and will
highlight climate change and environmental justice related research throughout the program.
SHC's research under the Superfund appropriation provides federal, regional, and community
decision-makers with 1) engineering tools, methods, and information to assess current conditions
at Superfund sites; 2) decision support tools to evaluate the implications of alternative remediation
approaches and technologies, and reuse of sites; 3) the latest science to support policy development
and implementation; and 4) rapid access to technical support through EPA's Superfund Technical
Support Centers.
71 42 U.S.C. § 9660(b).
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Recent Accomplishments of the SHC Research Program include:
PFAS Human Exposure Modeling Methodology (published January 2022 - January
2023):72 This research provided a protocol to investigate household exposure to Per- and
polyfluoroalkyl substances (PFAS) via non-drinking water pathways. While exposure to
PFAS in impacted communities is generally through contaminated drinking water, the
presence of PFAS chemicals in 98% of NHANES samples implies that other sources, such as
household dust, and/or pathways may be important exposure routes. The PFAS human
exposure modeling methodology was published as a series of journal articles and databases
that provide scientific evidence of important exposure sources and pathways and their
contributions to PFAS body burdens. Collectively, this body of work provides concordant
exposure data on PFAS data in indoor media and serum; identifies important exposure
pathways for 20 PFAS chemicals; provides detailed information on PFAS occurrence in
household and environmental media; and outlines the development of a human cohort study.
The results of these studies provide important information required to characterize the
contribution of these exposure sources to body burden PFAS in highly exposed communities.
Soil Amendment Technologies to Stabilize Mercury: Sediment, Soil, Mine Tailing and
MIW Remediation (published February 2022 and January 2023):73 Hundreds of thousands
of mercury (Hg) contaminated sites within the U.S. have contributed to elevated fish
methylmercury (MeHg) concentrations in downstream waterbodies. These sites include
abandoned mines and former industrial/manufacturing facilities, only a small fraction of which
are currently being remediated. This work, a state of science review, addresses critical issues
related to the processes controlling mercury mobilization and methylation at a range of
Superfund sites. The state of the science review is intended for use by Superfund regional
project managers, state environmental departments, academics, and others working in the field
of mercury contamination. The review provides a detailed listing of the tools currently
available for site assessment for a wide variety of landscapes, the specific techniques that are
required for analysis, and the most up to date verified remediation techniques. This research is
being used by regional project managers and on-scene site coordinators to better understand
the fate of mercury present and the types of issues that will need to be addressed or monitored
during remedy selection and implementation.
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, SHC will conduct research, and provide technical assistance and support, to inform
analyses and decisions by the Office of Land and Emergency Management (OLEM), regional
offices, tribes, and states regarding characterization, remediation, and management of
contaminated soil, sediment, and groundwaterissues which are especially concerning to
vulnerable, overburdened communities. The tools developed under the SHC Research Program
72 For more information, please see: https://pubmed.ncbi.nlm.nih.gov/34373583A https://pubmed.ncbi.nlm.nih.gov/35240384A
and https://www.ncbi.nlm.nih. gov/piiic/articles/PMCS 1.1.81.91A
73 For more information, please see: https://pubmed.ncbi.nlm.nih.gov/36279994/ and
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7903515/.
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will help the Agency address complex contamination problems, which may be made more complex
by the impacts of climate change at Superfund, Resource Conservation Recovery Act (RCRA),
and Brownfields sites in the United States. EPA research personnel and associated support staff
also will identify, monitor, and develop options to control vapor intrusion to reduce exposures,
reduce contaminant sources, and define sampling strategies that address when, where, and how to
sample. SHC researchers will evaluate source control technologies at mine waste sites and
investigate remediation and recovery for reuse of critical minerals from contaminated sites.
Scientific journal articles, datasets, models, and tools will be published and used to support
communities.
PFAS will continue to be a priority research topic for SHC. SHC will develop methods to evaluate
PFAS presence and characteristics in wastes, soils, and sediments, and investigate PFAS fate and
transport in the environment to support the need of EPA partners, states, tribes, and local
communities to identify and characterize PFAS concentrations and distributions at contaminated
sites and solid waste sites. Additionally, SHC will identify locations and source contributors to
high potential human exposure for children and other populations by evaluating multimedia PFAS
sources and pathways. SHC will also investigate approaches, methodologies, and technologies to
treat, remove, destroy, and dispose of PFAS in environmental matrices.
Research Planning:
EPA research is built around six integrated and transdisciplinary research programs. Each of the
six programs is guided by a Strategic Research Action Plan (StRAP) that reflects the research
needs of Agency program and regional offices, states, and tribes, and is planned with their active
involvement. Each research program has developed and published their fourth generation of the
StRAPs,74 which will continue the practice of conducting innovative scientific research aimed at
solving the problems encountered by the Agency and its stakeholders.
The Office of Research and Development (ORD) works with various groups, including
communities, to ensure the integrity and value of its research through a variety of mechanisms
that include:
EPA's Board of Scientific Counselors (BOSC)
o ORD meets regularly with this committee, which provides advice and
recommendations to ORD on technical and management issues of its research
programs.
State Engagement
o EPA's state engagement75 is designed to inform states about their role within EPA
and EPA's research programs, and to better understand the science needs of state
environmental and health agencies.
74 The StRAPs are available and located here: https://www.epa.gov/research/strategic-research-action-plans-fiscal-years-2023-
2026
75 For more information, please see: https://www.epa.gov/research/epa-research-solutions-states.
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Tribal Partnerships
o Key tribal partnerships are established through the Tribal Science Program which
provides a forum for the interaction between tribal and Agency representatives.
These interactions identify research of mutual benefit and lead to collaborations on
important tribal environmental science issues.
Performance Measure Targets:
Work under this program supports performance results in the Research: Sustainable and Healthy
Communities Program under the S&T appropriation.
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$206.0) This change to fixed and other costs is an increase due to the recalculation of base
workforce costs for existing FTE due to annual payroll increases, adjustments to provide
essential workforce support, and changes to benefits costs.
(+$15.0) This change to fixed and other costs is an increase due recalculation of laboratory
fixed costs.
(+$618.0) This program change reflects an increase that will build capacity to help respond
directly to the Superfund law research requirements.
Statutory Authority:
Reorganization Plan No. 3 of 1970, 84 Stat. 2086, as amended by Pub. L. 98-80, 97 Stat. 485
(codified as Title 5 App.) (EPA's organic statute); Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
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Superfund Cleanup
-------
Superfund: Emergency Response and Removal
Program Area: Superfund Cleanup
Goal: Safeguard and Revitalize Communities
Objective(s): Clean Up and Restore Land for Productive Uses and Healthy Communities
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Hazardous Substance Super/und
.s 2.iv,str
SI 95.000
SO
-SI'J.\000
Total Budget Authority
$239,807
$195,000
$0
-$195,000
Total Workyears
261.7
247.7
250.7
3.0
In FY 2024, the Budget proposes to transition the Superfund Removal FTE from the annual Superfund appropriation
to the Superfund tax receipts as reimbursable FTE. These FTE are built into the Agency's FTE ceiling.
Program Project Description:
The Emergency Response and Removal Program (Superfund Removal) is the cornerstone and
principal institution of federal emergency response to releases of hazardous substances, pollutants,
or contaminants and is paramount to managing corresponding threats and dangers that occur.
During a national emergency, EPA takes action to prevent, limit, mitigate, or contain chemical,
oil, radiological, biological, or hazardous materials releases. Circumstances requiring emergency
response and removal actions vary considerably in size, nature, and location, and includes
chemical releases, fires or explosions, natural disasters, and other threats to people from exposure
to hazardous substances. EPA's 24-hour-a-day response capability is a critical component of the
National Contingency Plan.76 Further, this program is responsible for the Agency's only Primary
Mission Essential Function. Superfund Removal cleanups vary in complexity and contain a wide
variety of contaminants including lead, mercury, and asbestos.77
Since 2013, EPA has completed or managed more than 2,420 Superfund removal actions across
the country. Responses are a multilayered activity that can fluctuate due to requirements for
supplies and customized instruments, specialized training and instruction, and the intricate
measures taken to ensure ongoing assessments and responses are appropriate to meet the demands
of site conditions. Superfund Removal sites are found in remote rural areas as well as large urban
settings. Nearly 41 million people, or about 13 percent of the population, live within 3 miles of a
Superfund Removal site where EPA addressed a removal action between FY 2016 and FY 2020.78
In addition, over 41 percent of removal completions in FY 2019 and FY 2020, and 36 percent in
FY 2021 were in communities with populations surpassing the 80th percentile for being people of
color, low income, or having less than a high school education.79
76 For more information, please refer to: https://www.epa.gov/emergency-response/national-oil-and-hazardous-substances-
pollution-contingency-plan-ncp-overview.
77 Data from US EPA Superfund Enterprise Management System.
78 U. S. EPA, Office of Land and Emergency Management 2021. Data collected includes: (1) Superfund removal site information
from SEMS from FY2016-FY2020; and (2) population data from the 2015-2019 American Community Survey.
79 Data from US EPA Superfund Enterprise Management System and US EPA EJ Screen.
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The Superfund Removal Program provides technical assistance and outreach to industry, states,
tribes, and local communities as part of the Agency's effort to ensure national safety and security
for chemical and oil responses. EPA trains, equips, and deploys resources to manage, contain, and
remove contaminants. Until contained or removed, these substances have the potential to
significantly damage property, endanger public health, and have critical environmental impact on
communities.
EPA Federal On-Scene Coordinators (OSCs) make up the core of the Superfund Removal
Program. These trained and equipped EPA personnel respond to, assess, mitigate, and clean up
environmental releases regardless of the cause. States, local, and tribal communities rely upon the
OSC's experience and assistance to address environmental emergencies that are beyond their
capabilities and resources.
Climate change, emerging contaminants, and new scientific developments are adding to the
demands of the Superfund Removal Program. The greater frequency of intense weather events that
lead to releases of hazardous substances, pollutants, or contaminants increases the workload on the
Program. In addition, emerging contaminants such as PFAS are expected to significantly expand
the Program as the understanding of the toxicity levels of these compounds continue to drive down
cleanup levels.
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 President's Budget proposes to transition the Superfund Removal Program from
the annual Superfund appropriation to the Superfund tax receipts.80 The Program will continue to:
Respond to and provide technical assistance for emergency responses and removal assessments
and time critical response actions (non-emergency responses). The removal program conducts
its work with an emphasis on advancing environmental justice and equitable outcomes by
working through possible candidate time critical actions that exist in the regions.
In addition to other work addressing abandoned uranium mines (AUM) in other EPA program
projects, this program addresses AUM impacts on the Navajo Nation (NN). EPA is working
to establish a Region 9 based NN field office allowing for 3 FTE to focus on work specific to
this area needed to advance cleanup through removal actions atNN AUM sites. This additional
capacity will assist EPA and NN in accelerating actions articulated in the 2020 Ten Year Plan:
Federal Actions to Address Impacts of Uranium Contamination on the Navajo Nation.81
Support the EPA Special Teams (e.g., Chemical, Biological, Radiological, and Nuclear
Consequence Management Advisory Team, Environmental Response Team (ERT),
80 The U.S Treasury forecasts collecting a total of $2.54 billion in Superfund tax receipts in FY 2023 which will be available for
use in FY 2024 across EPA Superfund programs.
81 For more information, please refer to: https://www.epa.gov/sites/default/files/2021-02/documents/miaum-ten-year-plan-2021-
01. .pdf.
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Radiological Emergency Response Team, or the National Criminal Enforcement Response
Team), which provide nationwide assistance and consultation for emergency response and
removal actions, including unusual or complex incidents. In such cases, the Special Teams
provide the OSC, or lead responder, with direct support from an operational asset, special
equipment, and/or technical or logistical assistance.
Conduct and participate in selected multi-media training and exercises for emergency
responders. These events ensure readiness by focusing on necessary coordination and
consistency across the Agency, enhance specialized technical skills and expertise, and
strengthen partnerships with state, local, tribal, and other federal responders.
Support the ERT, which provides nationwide assistance and consultation for emergency
response actions, including unusual or complex incidents. In such cases, the ERT supplies the
OSC, or lead responder, with special equipment and technical or logistical assistance.
Continue to train and deploy the National Incident Management Assistance Team and regional
Incident Management Teams to set up organizational systems that help with the long-term
strategic planning and response efforts.
Performance Measure Targets:
(PM 137) Number of Superfund removals completed.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
275
175
175
141
141
183
183
183
Removals
Actual
255
242
233
197
150
195
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$195,000.0 / -247.7 FTE) In FY 2024, the Superfund Emergency Response and Removal
Program is proposed to be transitioned from the annual Superfund appropriated resources
to the Superfund tax receipts. In FY 2023, the U.S. Treasury forecasts collecting a total of
$2.54 billion in Superfund taxes which will be available for use in FY 2024 across EPA
Superfund programs. As a result, the pace of work is not expected to be negatively
impacted.
(+250.7 FTE) In FY 2024, the Agency proposes to transition 250.7 Superfund Removal
FTE from the annual Superfund appropriation to the Superfund tax receipts as reimbursable
FTE.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §§ 104,
105, 106; Clean Water Act (CWA); and Oil Pollution Act (OPA).
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Superfund: EPA Emergency Preparedness
Program Area: Superfund Cleanup
Goal: Safeguard and Revitalize Communities
Objective(s): Prepare for and Respond to Environmental Emergencies
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Hazardous Substance Super/und
sv.tr i
SH.445
SMW
Total Budget Authority
$9,071
$8,056
$8,445
$389
Total Workyears
33.9
37.4
37.4
0.0
Program Project Description:
The Superfund Emergency Preparedness Program provides for EPA's engagement on the National
Response Team (NRT), Regional Response Teams (RRT), and Inland Area Committees where it
ensures federal, state, and tribal agencies are prepared to respond to national incidents, threats, and
major environmental emergencies. EPA implements the Emergency Preparedness Program in
coordination with the Department of Homeland Security and other federal agencies to deliver
federal hazard assistance to state, local, and tribal governments.
The Agency carries out its responsibility under multiple statutory authorities as well as the
National Response Framework (NRF), which provides the comprehensive federal structure for
managing national emergencies. EPA is the designated lead for the NRF's Oil and Hazardous
Materials Response Annex - Emergency Support Function #10, which covers responsibilities for
responding to releases of hazardous materials, oil, and other contaminants that are a threat to
human health and the environment. As such, the Agency participates and leads applicable
interagency committees and workgroups to develop national planning and implementation policies
at the operational level.
FY 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.
In FY 2024, EPA will continue working to improve its oversight of emergency response assets to
more appropriately manage large, unprecedented incidents which increase cost effectiveness and
avoid costly cleanup actions. The Superfund Emergency Preparedness Program participates in
national and local exercises and drills, coordinates with stakeholders to develop Area and Regional
Contingency Plans, and provides technical assistance to industry, states, tribes, and local
communities. Specific activities include:
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Chair the NRT82 and co-chair the 13 RRTs. The NRT and RRTs are the only active
environmentally focused interagency executive committees addressing oil and hazardous
substance emergencies. They serve as multi-agency coordination groups supporting
emergency responders when convened as incident specific teams.
Lead Inland Area Committees to ensure policies, procedures and tools are in place to assist
federal, state, tribal, local, and industry responders effectively address spills.
Participate in the development of limited, scenario-specific exercises and regional drills
designed to assess national emergency response management capabilities. These activities
will involve the RRTs, NRT, and/or principal level participants.
Continue to implement the National Incident Management System83, which provides the
approach to manage incidents and closely works with the NRF.
Performance Measure Targets:
(PM ER01) Number of emergency response and removal exercises that EPA conducts or participates in.
FY
2017
FY
2018
FY
2019
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
120
120
120
Exercises
Actual
12U
164
(PM ER02) Percentage of emergency response and removal exercises that EPA conducts or participates in
that incorporate environmental justice.
FY
20 r
FY
20IS
FY
201')
FY
2020
FY
2021
FY
2022
FY
2023
FY
2024
Units
Target
14
30
40
Percent
Actual
49
Numerator
80
Exercises
Denominator
164
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$286.0) 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.
(+$103.0) This program change increases essential support for Superfund Emergency
Preparedness Program core activities, such as national and local exercises and drills.
82 For more information, please refer to: https://www.nrt.org/.
83 For more information, please refer to: http://www.fema.gov/national-incident-management-system.
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Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), §§ 104,
105, 106; Robert T. Stafford Disaster Relief and Emergency Assistance Act.
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Superfund: Remedial
Program Area: Superfund Cleanup
Goal: Safeguard and Revitalize Communities
Objective(s): Clean Up and Restore Land for Productive Uses and Healthy Communities
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
Hazardous Substance Super/und
S552,0tw
Vi/.S", '-ID
SO
-SOIS. '-10
Total Budget Authority
$552,089
$618,740
$0
-$618,740
Total Workyears
910.0
890.8
874.8
-16.0
In FY 2024, the Budget proposes to transition the Superfund Remedial FTE from the annual Superfund appropriated
resources to the Superfund tax receipts as reimbursable FTE. These FTE are built into the Agency's FTE ceiling.
Program Project Description:
The Superfund Remedial Program addresses many of the worst contaminated areas in the United
States by investigating contamination and implementing long-term cleanup remedies at sites on
the National Priorities List (NPL). The Program also oversees response work conducted by
potentially responsible parties (PRPs) at NPL and Superfund Alternative Approach (SAA) sites.
By cleaning up and returning land to productive use, the Superfund Remedial Program improves
the health and livelihood of all Americans and supports the Administration's goal to reduce
exposure to Superfund site contamination, especially in disadvantaged communities.
Approximately 22 percent of the U.S. population lives within three miles of a Superfund site, and
this population is predominantly minority, low income, linguistically isolated, and less likely to
have a high school education than the U.S. population as a whole.84
In FY 2022, more than 75 percent of Superfund Remedial appropriated and Infrastructure
Investment and Jobs Act (IIJA) site-specific funds were obligated to Superfund NPL sites where
there is potential for addressing environmental justice concerns. In the same period, more than 90
percent of the Superfund sites that achieved Human Exposure Under Control and more than 40
percent of sites that achieved Sitewide Ready for Anticipated Reuse had potential for
environmental justice concern.85
While conducting cleanup at NPL and SAA sites, remedial construction projects can enhance our
national infrastructure while addressing harmful exposures. For example, recent research indicates
that Superfund cleanup actions lowered the risk of elevated blood lead levels by roughly 13 to 26
percent for children living within two kilometers of a Superfund NPL site where lead is a
84 U. S. EPA, Office of Land and Emergency Management 2021. Data collected includes: (1) Superfund site information from
SEMS as of the end of FY2020 and site boundary data from FY 2014 FOIA Request; and (2) population data from the 2015-2019
American Community Survey.
85 Data from EPA's Superfund Enterprise Management System and EPA's EJSCREEN Version 2.1.
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contaminant of concern.86 For Superfund sites contaminated with lead, 18 percent of the
surrounding population is below poverty level, 15 percent is without a high school diploma, and
51 percent of the population is minority.
By addressing the human health and environmental risks posed by releases atNPL and SAA sites,
the Superfund Remedial Program strengthens the economy and spurs economic growth for all
Americans by returning Superfund sites to productive use. Reuse and restoration of Superfund
NPL sites directly support the Administration's Justice40 initiative87, as articulated in President
Biden's Executive Order (EO) 14008: Tackling the Climate Crisis at Home and Abroad (January
27, 2021)88, as this EO acknowledges the urgent need to restore lands and natural assets.89 The
Superfund Remedial Program is one of EPA's Justice40 pilot programs. The Superfund Remedial
Program considers environmental burdens and other socio-economic challenges when developing
community involvement and cleanup plans. Assessing environmental justice concerns in the
communities we serve provides important information which influences how EPA communicates,
makes cleanup decisions, and plans for future reuse of Superfund sites. The Program also works
to maximize cleanup benefits as well as state and tribal benefits, enforcement opportunities,
enhancements to community involvement, and the Superfund Redevelopment Program.
In FY 2022, while 16 Superfund sites achieved the status of Sitewide Ready for Anticipated Use,
EPA rescinded this status for 64 sites that had previously achieved it. The retractions in FY 2022
were the result of a review which identified sites which no longer met protectiveness requirements
due to detection of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants,
aging remedies, and new exposure pathways requiring new institutional controls. As of FY 2022,
EPA data show that approximately 1,000 Superfund sites are in reuse - more than half the total
number of sites placed on the NPL over the Program's existence. EPA has data on more than
10,253 businesses at 671 of these sites. These businesses' ongoing operations generate annual sales
of $74.1 billion. These businesses provided more than 236,000 jobs who earned a combined
income of $18.6 billion. Over the last twelve years, these businesses generated at least $590 billion
in sales.
Additionally, cleanup work under the Superfund Remedial Program improves property values. A
study conducted by researchers at Duke University and the University of Pittsburgh found that
residential property values within 3 miles (4.8 kilometers) of Superfund sites increased between
18.7 and 24.4 percent when sites were cleaned up and deleted from the NPL.90
86 For more information, please refer to: https://www.epa.gov/environmental-economics/research-environmental-economics-
ncee-working-paper-series.
87 For more information, please refer to: https://www.whitehouse.gov/environmentaljustice/justice40/
88 For more information, please refer to: https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-
climate-crisis-at-home-and-abroad
89 For more information, please refer to: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-
order-oii-tackling-the-climate-crisis-at-home-aiid-abroad/.
90 Shanti Gamper-Rabindran and Christopher Timmons. 2013. "Does cleanup of hazardous waste sites raise housing values?
Evidence of spatially localized benefits," Journal of Environmental Economics and Management 65(3): 345-360,
littp: //dx. doi. org /1.0.1.01.6/j. j eeni.2012.12.001..
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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.
In FY 2024, the President's Budget proposes to transition the Superfund Remedial Program,
including associated FTE costs, from the annual Superfund appropriated resources to the
Superfund tax receipts91. EPA will continue to execute its non-delegable, federal responsibility to
remediate sites and protect human health, welfare, and the environment. EPA endeavors to
maximize the use of special account resources collected from PRPs for site-specific response
actions as stipulated in settlement agreements so that available Superfund resources are prioritized
for sites without other sources of funding. More than half of non-federal sites on the final NPL do
not have an associated open special account and available Superfund resources are critical to the
Superfund Remedial Program to clean up sites.
The IIJA invested $3.5 billion in environmental remediation at Superfund NPL sites and reinstated
the Superfund chemical taxes, and the Inflation Reduction Act reinstated the Superfund petroleum
taxes.92 These laws provide one of the largest investments in American history to address the
legacy pollution that harms public health in communities and neighborhoods, creating good-
paying jobs, and advancing economic and environmental justice in the process.
In FY 2024, EPA will continue to initiate new work on remedial construction, as well as continue
ongoing cleanups at NPL sites across the country. As IIJA funds available for site work are
anticipated to be fully obligated by no later than FY 2025 based on current site information, the
FY 2024 Budget proposes Superfund tax receipts to continue funding construction work at an
optimal pace and avoid a backlog of new construction projects.
The Superfund Remedial Program will continue to start and complete critical pre-construction
projects such as site characterization and construction design, which will complement construction
projects that utilize IIJA funding. The Program also will continue to support the Superfund's
community involvement and outreach activities at sites. These activities play a pivotal role in
ensuring communities have the resources they need to meaningfully participate in the decision-
making process, including an increased involvement of communities to develop their visions for
revitalization by identifying economic drivers and connecting community needs to federal
investments. The Program will continue to support capacity building technical assistance, and the
Superfund Job Training Initiative.
91 The U.S Treasury forecasts collecting a total of $2.54 billion in Superfund tax receipts in FY 2023 which will be available for
use in FY 2024 across EPA Superfund programs.
92 On November 15, 2021, the Infrastructure Investment and Jobs Act [(IIJA), P.L. 117-58] reinstated and modified the excise
taxes on certain listed chemicals and imported substances that are used as materials in their manufacture or production one or
more of those listed chemicals ("Superfund chemical taxes"). The Superfund chemical taxes went into effect beginning July 1,
2022, and expire on December 31, 2031. On August 16, 2022, the Inflation Reduction Act [(IRA), P.L. 117-169] reinstated and
modified the taxes on oil and petroleum products ("Superfund petroleum taxes"). The Superfund petroleum taxes went into effect
on January 1,2023, and do not have an expiration date. On December 29, 2022, the Consolidated Appropriations Act 2023 (P.L.
117-328) allowed all tax receipts collected in the Superfund Trust Fund from the prior fiscal year to be available to carry out the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, without further
appropriation by Congress and designated as emergency funding.
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In FY 2024, EPA will reduce exposure to lead and associated health impacts including the risk of
elevated blood lead levels for children by completing 45 Superfund lead cleanup projects. EPA
also will continue to support the cleanup of PFAS and will collaborate on cross-cutting strategies;
advance new science; develop coordinated policies, regulations, and communications; assess the
nature and extent of PFAS contamination and other contaminants of concern at sites; and engage
with affected states, tribes, communities, and stakeholders. Additionally, completing these cleanup
projects, which include legacy sites that expose Americans to contaminants shown to pose
increased cancer risks, advances work in cancer prevention as part of President Biden's Cancer
Moonshot Initiative.
EPA's regional labs provide cutting-edge science to inform immediate and near-term, multi-media
decisions on environmental conditions, emergency response, and enforcement. Regional
laboratory science also helps inform communities about the risks the site may pose in terms of
chemical exposures and cumulative environmental impacts. This work will support the ambitious
environmental and clean up goals of President Biden's agenda.
Performance Measure Targets:
(PM 151) Number of Superfund sites with human exposures brought under control.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
9
8
12
10
10
12
12
12
Sites
Actual
24
32
17
20
13
-14
(PM 155) Number of Superfund cleanup pro jects completed that address lead as a contaminant.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
45
45
45
Projects
Actual
5<>
45
(PM 170) Number of remedial action projects completed
at Superfund sites.93
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
105
95
95
80
80
80
75
75
Projects
Actual
97
87
89
91
75
74
(PM S10) Number of Superfund sites made ready for anticipated use site-wide.
FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
FY 2023
FY 2024
Units
Target
45
51
51
51
51
25
15
10
Sites
Actual
43
51
48
34
26
-48
FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(-$618,740.0 / -890.8 FTE) In FY 2024, the Superfund Remedial Program is proposed to
be transitioned from the annual Superfund appropriated resources to the Superfund taxes.
In FY 2023, the U.S. Treasury forecasts collecting a total of $2.54 billion in Superfund
93 Indicates that this measure is also used to track progress in implementing the Bipartisan Infrastructure Law.
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taxes which will be available for use in FY 2024 across EPA Superfund programs. As a
result, the pace of work is not expected to be negatively impacted.
(+874.8 FTE) In FY 2024, the Agency proposes to transition 874.8 Superfund Remedial
FTE from the annual Superfund appropriated resources to the Superfund tax receipts as
reimbursable FTE.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
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Superfund: Federal Facilities
Program Area: Superfund Cleanup
Goal: Safeguard and Revitalize Communities
Objective(s): Clean Up and Restore Land for Productive Uses and Healthy Communities
(Dollars in Thousands)
FY 2022
Final Actuals
FY 2023
Enacted
Operating
Plan
FY 2024
President's
Budget
FY 2024 President's
Budget v.
FY 2023 Enacted
Operating Plan
HuzuriloH.s Substance Super/und
S 23.VI1
s.Vi./.vy
.V*
SI 1.2 If,
Total Budget Authority
$23,911
$26,189
$37,405
$11,216
Total Workyears
102.4
113.2
112.7
-0.5
Program Project Description:
The Superfund Federal Facilities Program oversees and provides technical assistance for the
protective and efficient cleanup and reuse of Federal Facility National Priorities List (NPL) sites.
Program responsibilities include: 1) inventory and assess potentially contaminated sites; 2) select
and implement protective remedies; 3) facilitate early transfer of property; and 4) ensure ongoing
protectiveness of completed cleanups.
The Federal Facility NPL sites, where the other federal agencies (OFAs) are the lead agency and
EPA is the lead oversight agency, are among the largest in the Superfund Program and can
encompass specialized environmental contaminants such as munitions and radiological waste, and
contaminants of emerging concern such as per- and polyfluoroalkyl substances (PFAS). EPA
jointly selects site remedies with OF As and uses its oversight authority to provide an independent
assessment of federal cleanups to ensure work conducted is in accordance with site cleanup plans
and yields protective remedies. To ensure efficiencies and consistent approaches to cleanup, the
Program collaborates with OF As and state, local, and tribal governments. There are 175 Federal
Facility sites on the NPL, which are part of the approximately 2,400 sites on the Federal Agency
Hazardous Waste Compliance Docket (Docket) maintained by EPA. The sites result in nearly $9
billion per year expended by OF As under EPA oversight. The resulting cleanup, restoration, and
reuse of Federal Facility NPL sites contributes significantly to Superfund program
accomplishments. In FY 2022, the Program completed response action decisions at 41 federal
facility sites to address environmental contamination. The Program also achieved 26 Remedial
Action Project Completions and reviewed 39 Five-Year Reviews to confirm protective remedies
remain in place.
The Superfund Federal Facilities Program supports President Biden's Executive Order (EO)
13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government94 by recognizing and working to repair inequities that serve as barriers to equal
opportunity in the Federal Facility Superfund Program. This is accomplished by working to
improve the health and livelihood of communities through cleaning up and returning land to
94 For additional information, please refer to: https://www.federalregister.gov/documents/2021/01/25/2021-Q1753/advancing-
racial-equity-and-support-for-underserved-communities-through-the-federal-govemment.
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productive use. Over 68 percent of Federal Facility NPL sites are in communities
disproportionately affected by environmental burdens. Cleaning up contaminated sites at federal
facilities also can serve as a catalyst for economic growth and community revitalization.
The Superfund Federal Facilities Program has successfully worked with EPA's partners to
facilitate the redevelopment of Federal Facility NPL sites across the country. Since Federal
Facility NPL sites often encompass thousands of acres with buildings, roads, and other
infrastructure, their effective and efficient cleanup and reuse can play a pivotal role in a
community's economic growth and environmental vitality. Reuse and restoration of Federal
Facility NPL sites directly support President Biden's EO 14008: Tackling the Climate Crisis at
Home and Abroad.95 Redevelopment projects have included ecological preserves, recreational
areas, cultural/historical resources, public transit infrastructure, and alternative energy sources. A
2022 economic analysis of 70 Federal Facility Superfund Sites identified over 2,400 businesses
that generated $28 billion in annual sales, provided over 450,000 jobs, and $44 billion in estimated
annual employment income.96 The Superfund Federal Facility Program provided content for the
FY 2022 - 2023 Office of Land and Emergency Management Climate Change Adaptation Plan.97
Future climate actions by the Program include developing a training to address ways to consider
climate change impacts in the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) process, and continuing collaboration with OF As to include climate
impact considerations in remedial actions.
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 Superfund Federal Facilities Program, as part of its statutorily mandated oversight
responsibilities, will support EPA's PFAS Strategic Roadmap by overseeing the growing number
of PFAS cleanups at Department of Defense (DoD), the Department of Energy (DOE), and OF A
sites. The Program will benefit from a significant investment to keep pace with the surge of PFAS
cleanups under CERCLA and adjust core program capacity. Currently, the Program provides
oversight at the 110 Federal Facility NPL sites with PFAS detections. Additionally, DoD is
expected to initiate approximately 50 additional PFAS investigations in FY 2024.
In FY 2024, EPA proposes an investment of $11.2 million in the Superfund Federal Facilities
Program. This investment will allow EPA to minimize disruptions and delays to its oversight
responsibilities, enable DoD to meet their Congressional cleanup obligations for PFAS under the
2022 National Defense Authorization Act and subsequent CERCLA response actions, and adjust
EPA core capacity in its cleanup oversight for legacy contamination such as radioactive waste and
unexploded ordnance. EPA plans to utilize the additional resources to leverage knowledge and
best practices developed from Federal Facilities PFAS investigations to aid PFAS cleanups across
the country.
95 For additional information, please refer to: https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-
climate-crisis-at-home-and-abroad.
96 For additional information, please refer to: https://www.epa.gov/fedfac/redevelopment-economics-federal-facilities.
97 For additional information, please refer to: https://www.epa.gov/system/files/documents/2022-10/bli508-
OLEM%2QCAIP August%202022 POST OGCreview 9.12.2022.pdf
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In addition to the growing workload related to PFAS, the Program will prioritize and continue to
partner with OF As; state, local, and tribal governments; and communities to limit human exposure
to potentially harmful levels of lead in the environment. EPA will continue to oversee complex
cleanups at Federal Facility NPL sites, such as contamination in groundwater, munitions and
explosives of concern, contaminants of emerging concern, and contamination from legacy nuclear
weapons development and energy research. For example, while the DOE has completed cleanup
work at many of its sites, DOE estimates that the remaining legacy Cold War sites will take decades
to complete due to groundwater, soil, and waste processing. Similarly, the DoD inventory includes
sites that contain chemical and explosive compounds which require special handling, storage, and
disposal practices, as well as cleanup. EPA will continue to provide oversight and technical
assistance at DoD's military munitions response sites and support DoD's development of new
technologies to streamline cleanups.
To ensure the long-term protectiveness of the remedies, the Agency will continue monitoring,
overseeing progress, and improving the quality and consistency of Five-Year Reviews conducted
at federal sites where waste has been left in place and land use is restricted. Five-Year Reviews
are required under Section 121(c) of CERCLA and EPA's role is to concur or make its own
independent protectiveness determination. EPA has been working collaboratively with DoD,
DOE, and Department of the Interior (DOI) to improve the technical quality, timeliness, and cost
of the five-year review reports and to ensure engagement with pollution-burdened and underserved
communities. In FY 2024, the Superfund Federal Facilities Program will review approximately 35
five-year review reports to fulfill statutory requirements and to inform the public about the
protectiveness of remedies.
In FY 2024, the Superfund Federal Facilities Program will target the highest risk sites and focus
on activities that bring human exposure and groundwater migration under control. In addition,
EPA manages the Docket which contains information reported by federal facilities that manage
hazardous waste or from which hazardous substances, pollutants, or contaminants have been or
may be released. The Docket: 1) identifies all federal facilities that must be evaluated through the
site assessment process; 2) determines whether they pose a risk to human health and the
environment sufficient to warrant inclusion on the NPL; and 3) provides a mechanism to make the
information available to the public. The Docket is updated semi-annually and has approximately
2,400 facilities listed. EPA anticipates additional engagement on non-NPL federal facilities on the
Docket to address new information on and ensure appropriate assessment and referral of these sites
to appropriate cleanup programs.
Performance Measure Targets:
Work under this program supports performance results in the Superfund Remedial Program under
the Superfund appropriation.
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FY 2024 Change from FY 2023 Enacted Budget (Dollars in Thousands):
(+$865.0) This change to fixed and other costs is an increase due to the recalculation of
base payroll costs for existing FTE, adjustments to provide essential workforce support,
and changes to benefits costs.
(+$10,351.0 / -0.5 FTE) This net program change will help address critical gaps in EPA's
ability to oversee DoD PFAS cleanup under CERCLA and to adjust core program capacity,
including keeping pace with the Agency's oversight role at Federal Facilities NPL sites.
Statutory Authority:
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 120.
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SUPERFUND SPECIAL ACCOUNTS
Background
EPA has the authority to collect funds from parties to support Superfund investigations and
cleanups. Section 122(b)(3) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) authorizes EPA to retain and use funds received pursuant to a settlement
agreement with a party to carry out the purpose of that agreement. Funds are deposited in
Superfund special accounts for cleanup at the sites designated in individually negotiated settlement
agreements. Through use of special accounts, EPA ensures responsible parties pay for cleanup so
that annually appropriated resources from the Superfund Trust Fund, resources made available
through the Infrastructure Investment and Jobs Act of 2021 and available Superfund tax receipts
are generally conserved for sites where no viable or liable potentially responsible parties (PRPs)
can be identified. Each account is set up separately and distinctly and may only be used for the
sites and uses outlined in the settlements) with the party or parties.
Special accounts are sub-accounts in the Superfund Trust Fund. Pursuant to the specific
agreements, which typically take the form of an Administrative Order on Consent or a Consent
Decree, EPA uses special account funds to finance site-specific CERCLA response actions at the
site for which the account was established. Of the current 1,334 Superfund sites listed as final on
the National Priorities List, more than half do not have special account funds available for use. As
special account funds may only be used for sites and uses specified in the settlement agreement,
special account resources, Superfund tax receipts, and annually appropriated resources are critical
to the Superfund Program to clean up Superfund sites.
Special account funds are used to conduct many different site-specific CERCLA response actions,
including, but not limited to, investigations to determine the nature and extent of contamination
and the appropriate remedy, design, construction and implementation of the remedy, enforcement
activities, and post-construction activities. EPA also may provide special account funds as an
incentive to another PRP(s) who agrees to perform additional work beyond the PRP's allocated
share at the site, which EPA might otherwise have to conduct. Because response actions may take
many years, the full use of special account funds also may take many years. Once all site-specific
response work pursuant to the settlement agreement is complete and site risks are addressed,
special account funds may be used to reimburse EPA for site-specific costs incurred using
appropriated resources {i.e., reclassification), allowing the latter resources to be allocated to other
sites. Any remaining special account funds are transferred to the Superfund Trust Fund, where
they are available for future appropriation by Congress to further support response work.
FY 2022 Special Account Activity
Since the inception of special accounts through the end of FY 2022, EPA has collected
approximately $8.1 billion from parties and earned approximately $797.6 million in interest.
Approximately 59 percent of the funds have been disbursed or obligated for response actions at
sites and plans have been developed to guide the future use of the remaining 41 percent of available
special account funds. In addition, at sites with no additional work planned or costs to be incurred
by EPA, EPA has transferred approximately $59.0 million to the Superfund Trust Fund. As of the
-------
end of FY 2022, over $4.8 billion has been disbursed for site response actions and approximately
$416.5 million has been obligated but not yet disbursed.
The Agency continues to receive site-specific settlement funds that are placed in special accounts
each year, so progress on actual obligation and disbursement of funds may not be apparent upon
review solely of the cumulative available balance. In FY 2022, EPA deposited approximately
$282.9 million into special accounts and disbursed over $172.3 million from special accounts
(including reclassifications). At the end of FY 2022, the cumulative amount available in special
accounts was over $3.6 billion.
Special accounts vary in size. A limited set of accounts represent the majority of the funds
available. At the end of FY 2022, 5 percent of open accounts had greater than $10 million available
and held approximately 71 percent of all available funds in open accounts. There are many
accounts with lower available balances. 72 percent of all open accounts with up to $1 million
available represent approximately 5 percent of available funds in all open accounts.
The balance of over $3.6 billion is not equivalent to an annual appropriation. The funds collected
under settlements are intended to finance future response work at particular sites for the length of
the project(s). EPA is carefully managing those funds that remain available for site response work
and develops plans to utilize the available balance. EPA will continue to plan the use of funds
received to conduct site-specific response activities or reclassify and/or transfer excess funds to
the Superfund Trust Fund to make annually appropriated funds available for use at other Superfund
sites.
For some Superfund sites, although funds are readily available in a special account, remedial action
may take time to initiate and complete. The timeframe required to implement a given remedial
action is driven largely by site-specific conditions, such as the specific requirements for special
account use set forth in the settlement agreement, the stage of site cleanup, the viability of other
responsible parties to conduct site cleanup, and the nature of the site contamination. EPA has plans
to spend approximately $1.4 billion of currently available special account funds over the next five
years, but funds also are planned much further into the future to continue activities, such as
conducting five-year reviews or remedy optimization, at sites where waste has been left in place.
Over the past five fiscal years, the EPA has obligated or disbursed more than $1.1 billion from
special accounts (excluding reclassifications), resulting in the Superfund Program performing a
significant amount of work in addition to work the Agency performed using annually appropriated
funds. In FY 2022, EPA disbursed and obligated approximately $237.7 million from special
accounts (excluding reclassifications) for response work at more than 695 Superfund sites. Site-
specific examples of this work include $25.1 million to support work at the Welsbach & General
Gas Mantle site in New Jersey; $10.1 million for the Tronox Navajo Area Uranium Mines on the
Navajo Nation; and approximately $7.0 million for the Bunker Hill Mining & Metallurgical
Complex site in Idaho. In the absence of special account funds, annually appropriated funds would
have been necessary for these response actions to be funded. In other words, EPA was able to fund
approximately $237.7 million in response work at sites in addition to the work funded through
appropriated and IIJA funds obligated or disbursed in FY 2022.
-------
The summary charts below provide additional information on the status of special accounts.
Exhibit 1 illustrates the cumulative status of open and closed accounts, FY 2022 program activity,
and planned multi-year uses of the available balance. Exhibit 2 provides the prior year (FY 2022),
current year (FY 2023), and estimated future budget year (FY 2024) activity for special accounts.
Exhibit 3 provides prior year data (FY 2022) by EPA regional offices to exhibit the geographic
use of the funds.
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Exhibit 1: Summary of FY 2022 Special Account Transactions
and Cumulative Multi-Year Plans for Using Available Special Account Funds
Account Stiitus1
Nil in her of
Accounts
Cumulative Open
1,142
Cumulative Closed
460
I'Y 2022 Spcciiil Account Aclmlv
S in Tliousiinils
Beginning Available Balance
$3,506,736.7
FY 2022 Activities
+ Receipts
$282,861.1
- Transfers to Superfund Trust Fund (Receipt Adjustment)
($3,829.0)
+ Net Interest Earned
$63,252.1
- Net Change in Unliquidated Obligations
($76,216.3)
- Disbursements - For EPA Incurred Costs
($156,745.4)
- Disbursements - For Work Party Reimbursements under Final Settlements
($4,755.5)
- Reclassifications
C$10,799 6^1
End of Fiscal Year (FOFY) Available Balance2
$3,600,504.2
M
ulli-Yciir Phins lor KOI Y 2022 A\siihihlv Bnhmce1
S in Thousands
2022 EOFY Available Balance
$3,600,504.2
- Estimates for Future EPA Site Activities based on Current Site Plans4
$3,466,727.9
- Estimates for Potential Disbursement to Work Parties Identified in Final Settlements5
$83,399.6
- Estimates for Reclassifications for FYs 2023-20256
$40,021.4
- Estimates for Transfers to Trust Fund for FYs 2023-20256
$10,355.2
- Available Balance to be Planned for Site-Specific Response7
$0.0
1 FY 2022 data is as of 10/02/2022. The Beginning Available Balance is as of 10/01/2021.
2Numbers may not add due to rounding.
3Planning data were recorded in the Superfund Enterprise Management System (SEMS) as of 10/31/2022 in
reference to special account available balances as of 10/01/2022.
4 "Estimates for EPA Future Site Activities" includes all response actions that EPA may conduct or oversee in the
future, such as removal, remedial, enforcement, post-construction activities as well as allocation of funds to
facilitate a settlement to encourage PRPs to perform the cleanup. Planning data are multi-year and cannot be used
for annual comparisons.
5 "Estimates for Potential Disbursements to Work Parties Identified in Finalized Settlements" includes those funds
that have already been designated in a settlement document, such as a Consent Decree or Administrative Order on
Consent, to be available to a PRP for reimbursements but that have not yet been obligated.
6 "Reclassifications" and "Transfers to the Trust Fund" are estimated for three FYs only. These amounts are only
estimates and may change as the EPA determines what funds are needed to complete site-specific response
activities.
7 These include resources received by the EPA at the end of the fiscal year and will be assigned for site-specific
response activities.
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Exhibit 2: Actual and Estimated Special Account Transactions FY 2022 - FY 20241
I V 2022
I V 2023
estimate
I V 2024
estimate
S in TIioiimiihIs
Beginning Available Balance
$3,506,736.7
$3,600,504.2
$3,780,838.3
Receipts1
$282,861.1
$350,000.0
$350,000.0
Transfers to Trust Fund (Receipt Adjustment)2
($3,829.0)
($7,693.4)
($7,693.4)
Net Interest Earned3
$63,252.1
$86,000.0
$100,000.0
Net Obligations2'4
($237,717.2)
($230,433.8)
($230,433.8)
Reclassifications2
C$10,799 6^1
C$17,538 7^1
C$17,538 7^1
End of Year Available Balance5
$3,600,504.2
$3,780,838.3
$3,975,172.4
1 The estimates for Receipts are in line with more typical years.
2 The estimates for Transfers to Trust Fund, Net Obligations, and Reclassifications are based on a three year historical
average.
3 Net interest earned in FY 2023 and FY 2024 are estimated utilizing economic assumptions for the FY 2024
President's Budget.
4 Net Obligations reflect special account funds no longer available for obligation, excluding reclassifications and
receipts transferred to the Trust Fund.
5 Numbers may not add due to rounding.
Exhibit 3: FY 2022 Special Account Transactions by EPA Regional Offices
$ in Thousands
lie«»i n n in»
Available
HaInnee
Receipts
Tniiislcrs to
Trust I' uiul
(Receipt
Adjustment)
Net Interest
Kiirned
Net
Obligations
Recliissiliciitions
Kiul of Yesir
Available
|}:i lance2
Region 1
$167,779.2
$10,556.7
($2,478.8)
$2,829.3
($9,375.8)
($2,601.8)
$166,708.8
Region 2
$563,816.6
$43,068.1
$0.0
$10,947.2
($98,713.9)
$0.0
$519,118.1
Region 3
$167,182.8
$4,405.6
($7.2)
$3,066.0
($18,459.2)
($334.4)
$155,853.5
Region 4
$64,546.9
$6,137.1
($1,192.1)
$565.2
($4,395.5)
($5,453.4)
$60,208.1
Region 5
$467,624.9
$32,573.2
$0.0
$8,791.0
($11,115.7)
($986.6)
$496,886.9
Region 63
$99,568.9
$317,430.1
$0.0
$4,640.3
($3,511.5)
($318.6)
$417,809.1
Region 7
$138,927.3
$3,117.7
$0.0
$2,637.1
($13,132.3)
($808.3)
$130,741.5
Region 8
$280,452.2
$91,984.1
($17.7)
$3,909.1
($24,184.0)
($61.2)
$352,082.6
Region 93
$1,391,408.0
($249,896.2)
($133.2)
$22,266.0
($29,277.0)
($100.5)
$1,134,267.1
Region 10
$165,429.9
$23,484.7
$0.0
$3,600.9
($25,552.2)
($134.9)
$166,828.4
Total
$3,506,736.7
$282,861.1
($3,829.0)
$63,252.1
($237,717.2)
($10,799.6)
$3,600,504.1
1 FY 2022 data is as of 10/02/2022. The Beginning Available Balance is as of 10/01/2021.
2 Numbers may not add due to rounding.
3 The notable decreases in Region 9 and increase in Region 6 are due mostly to funds transferred between Region 9 and Region 6 for
Tronox Navajo Abandoned Uranium Mines special accounts in accordance with the Tronox NAUM Resource Allocation Strategy.
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SUPERFUND TAX RECEIPTS
(Dollars in Thousands)
FY 2022
FY 2023
Collections
Available
FY 2024
Estimates of
Collections to Be
Available98
Superfund Chemical Taxes
$0
$413,002
$1,686,000
Superfund Taxes on Oil and Petroleum Products
$0
$0
$858,000
Hazardous Substance Superfund Tax Total Receipts
$0
$413,002
$2,544,000
Background
On November 15, 2021, the Infrastructure Investment and Jobs Act [(IIJA), P.L. 117-58] reinstated
and modified the excise taxes on certain listed chemicals and imported substances that use as
materials in their manufacture or production one or more of those listed chemicals ("Superfund
chemical taxes").99 The Superfund chemical taxes went into effect beginning July 1, 2022 and
expire on December 31, 2031. On August 16, 2022, the Inflation Reduction Act [(IRA), (P.L. 117-
169)] reinstated and modified the taxes on oil and petroleum products. The oil and petroleum taxes
went into effect on January 1, 2023. On December 29, 2022, the Consolidated Appropriations Act,
2023 (P.L. 117-328) included legislative language that allows all tax receipts collected in the
Superfund Trust Fund from the prior fiscal year to be available to implement the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) without further
congressional appropriation and designated as emergency funding. As of September 30, 2022,
there was $413 million of tax receipts in the Superfund Trust Fund which are available to utilize
in FY 2023.100
FY 2023 and FY 2024 Superfund Tax Receipt Activity
EPA is in the process of developing its budget priorities for the Superfund tax receipts available
in FY 2023. EPA will utilize the Superfund tax receipts to implement CERCLA and continue to
plan for the use of available tax receipts in FY 2024.
In FY 2023, the U.S Treasury forecasts collecting a total of $2.54 billion in Superfund taxes which
will be available for use in FY 2024. The FY 2024 President's Budget proposes to transition the
Superfund Remedial, Superfund Emergency Response and Removal, and the Superfund
Enforcement programs, and EPA anticipates these programs will be sufficiently funded from the
tax receipts to support mission critical functions. EPA will then evaluate available budgets and
resources across the Agency's Superfund programs to determine the most appropriate use of the
tax receipts. EPA will prioritize the Superfund tax receipts to leverage all funding available to
continue to clean up NPL sites at their optimal pace. The Agency will continue its "enforcement
first" policy to pursue and compel responsible parties to conduct response work or finance
98 Estimates are developed by the U.S. Treasury and based on their economic assumptions.
99 The original Superfund taxes expired on December 31, 1995, and applied to crude oil and imported petroleum products,
chemicals used in the production of hazardous substances listed in Title 26 section 4661 and imported substances that use
hazardous chemicals as a feedstock, and corporate modified alternative minimum taxable income more than $2 million a year.
100 Please see: https://treasurydirect.gov/flp/dfi/tfmb/dfilis0922.pdf.
-------
cleanups. By doing so, annually appropriated and Superfund tax receipt resources will be
conserved for cleanups at sites and activities where potentially responsible party (PRP) resources
are not available. This will allow the Agency to maximize progress in returning sites to community
use. EPA also will continue to start new construction projects to avoid the creation of another
backlog; more efficiently fund ongoing construction projects; promptly address emergency and
short-term CERCLA response actions; and implement Administration and Agency priorities (e.g.,
environmental justice, per- and polyfluorinated substances, lead, etc.).
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