ENVIRONMENTAL PROTECTION AGENCY

Federal Funds

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, [$42,000,000] $48,273,000, to remain available until September 30, [2013] 2014. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

This appropriation supports Environmental Protection Agency's (EPA) core programs by providing funds for Office of Inspector General (OIG) audit, evaluation, and investigative products and advisory services. These products and services contribute substantially to improved environmental quality and human health and improved business practices and accountability. Specifically, the OIG performs contract audits and investigations which focus on costs claimed by contractors and assesses the effectiveness of contract management. Assistance agreement audits and investigations evaluate the award, administration, and costs of assistance agreements. Program audits, evaluations, and investigations determine the extent to which the desired results or benefits envisioned by the Administration and the Congress are being achieved, and identify activities that could undermine the integrity, efficiency, and effectiveness of EPA programs. Financial statement audits review financial systems and statements to ensure that adequate controls are in place and EPA's accounting information is timely, accurate, reliable and useful, and complies with applicable laws and regulations. Efficiency, risk assessment and program performance audits review the economy, efficiency, and effectiveness of operations by examining EPA's structure and processes for achieving environmental goals, including assessing risk, setting priorities, developing and implementing strategies to accomplish them, and measuring performance. Information resource management audits review EPA information technology and systems to test the integrity of data and systems controls, as well as compliance with a variety of Federal information security laws and requirements to ensure system and data integrity. Cyber investigations identify and investigate attacks against EPA's computer and network systems to protect EPA resources, infrastructure, and intellectual property. Additional funds for audit, evaluation, and investigative activities associated with the Superfund Trust Fund are appropriated under that account and transferred to the Inspector General account to allow for proper accounting. This appropriation also supports activities under the Working Capital Fund.

Object Classification (in millions of dollars)

Employment Summary

For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of research and development, [$795,000,000] $807,257,000, to remain available until September 30, [2013] 2014. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

This appropriation finances salary, travel, science, technology, environmental monitoring, research, and development activities including laboratory and center supplies, certain operating expenses (including activities under the Working Capital Fund), contracts, grants, intergovernmental agreements, and purchases of scientific equipment. These activities provide the scientific and technology basis for the Environmental Protection Agency (EPA) policy and regulatory development actions. This appropriation supports core Agency programs and each of the Agency's five goals. Specifically in 2013, its emphasis will be placed on the following:

Taking Action on Climate Change and Improving Air Quality._To develop adaptation strategies to address climate change and improve air quality, EPA will conduct a range of science and technology activities. These include research to inform the review of the national ambient air quality standards building upon new science and work already performed to improve understanding of ozone, particulate matter, lead, sulfur dioxide, carbon monoxide, and nitrogen dioxide. In 2013, the Air, Climate and Energy (ACE) research program will identify air quality benefits associated with climate mitigation and adaptation choices to inform national and regional climate decisions. The program also will conduct systems research and life cycle analysis to understand the production, operation, and impacts of energy systems on health and the environment. Research on the generation, fate, transport, and chemical transformation of air emissions will identify individual and population health risks to inform clean air management decisions in the context of a changing climate and evolving energy use. The ACE research program also will conduct research on exposure to air toxics mixtures and their dominant sources—including biomass combustion—that could inform policy decisions that may serve to lower the risk to disadvantaged communities with the highest exposure to these air toxics. The integration of these program elements recognizes the relationship between climate and air quality, and aims to promote sustainable energy production with minimal unintended health and ecosystem consequences. Separate from the ACE research program, EPA will continue collecting air data to inform implementation of the Cross State Air Pollution Rule, targeting power plant emissions that drift across the borders of Eastern States and the District of Columbia. EPA will also develop, implement, and ensure compliance with regulatory programs that will significantly reduce emissions from highway and non-road sources, including the implementation of greenhouse gas emission standards for light-duty vehicles. EPA will continue to implement the renewable fuels provisions of the Energy Policy Act of 2005 (P.L. 109–79) and the Energy Independence and Security Act of 2007 (P.L. 110–140). In addition, EPA will develop tools for State and local governments and Tribes to use in developing clean air plans to achieve air quality standards. EPA also aims to improve indoor environments through the provision of technical support and analysis to understand indoor air effects and the identification of potential health risks.

Protecting Americas Waters._In 2013 through the Safe and Sustainable Water Research (SSWR) program, EPA will conduct research to meet the following science needs articulated by EPA's water program: evaluating groups of contaminants for the protection of human health and the environment; developing innovative tools, technologies, and strategies for managing water resources (including stormwater); and supporting a systems approach for protecting and restoring aquatic systems. The systems approach includes research to inform setting water quality criteria, establishing measures to assess and manage watersheds, and developing effective source control and management methods, especially for urban uses. A major component of the research program is working to support EPA's Drinking Water Strategy.
The SSWR program will address potential water supply endangerments associated with hydraulic fracturing. In addition to continuing work associated with its ongoing study, EPA will coordinate with the Department of Energy and the U.S. Geological Survey to understand and address potential impacts of natural gas development using hydraulic fracturing.
Within the SSWR program, green infrastructure research will continue to assess, develop, and compile scientifically rigorous tools and models that will be used by EPA's Office of Water, States and municipalities.

Cleaning Up Communities and Advancing Sustainable Development._In 2013, the Sustainable and Healthy Communities (SHC) research program will develop decision support tools to enable communities' decision makers to solve complex human health and environmental problems. The program will identify health risks and stressors, especially those that disproportionately impact vulnerable populations such as children and the elderly.
The land preservation and restoration research has evolved from waste treatment to focus on beneficial reuse, avoidance of more toxic materials, and operation of waste management facilities to conserve capacity and produce energy. Research will address resource conservation and material reuse issues, as well as the application of alternative landfill covers and the benefits of landfill bioreactors. Superfund research costs are appropriated to the Hazardous Substance Superfund Trust Fund appropriation and transferred to this account to allow for proper accounting.
The SHC research program will incorporate the principles of sustainability into its research in many capacities to promote sustainable environmental technologies with a focus on developing a new generation of smart technologies. Research on decision support tools will also be a component of EPA's emphasis on sustainability.
Examples of the application of SHC's decision support tools include: integrating research on pesticide and toxic substances with research on human health and ecosystems; mapping, monitoring, and modeling pollutants such as nitrogen; conducting ecosystem type assessments, and assessing risk management decisions for human health. A component of this research will focus on decreasing risks to vulnerable communities and groups that are disproportionately affected by existing problems.
EPA will continue to strengthen the future scientific workforce by awarding fellowships to students in pursuit of careers and advanced degrees in environmental science, technology, engineering, and mathematics. The program will conduct a long-term assessment of EPA's laboratory network, reflecting EPA's efforts to collaborate across traditional program boundaries to support national and regional decision making, thereby strengthening the Agency's ability to respond to environmental and public health issues as "one EPA."
EPA's Human Health Risk Assessment (HHRA) program will generate health assessments that are used extensively by EPA Program and Regional offices, and other parties to determine the potential risk to public health from exposure to environmental contaminants to develop regulatory standards, and to manage environmental clean-ups. The HHRA research program provides the scientific foundation for Agency actions to protect public health and the environment with four specific components:
(1) Integrated Risk Information System health hazard and dose-response assessments;
(2) Integrated Science Assessments of criteria air pollutants;
(3) Community Risk and Technical Support for exposure and health assessments; and
(4) Methods, models, and approaches to modernize risk assessment for the 21st century.
The Homeland Security research program will continue to support research efforts on evaluating chemical, biological, and radiological analytical methods and event detection software, and calibration of the contaminant warning systems. The Homeland Security research program will conduct research on decontamination and management of its consequences for public health, as well as methods for protecting water infrastructures and assessing both threats, and their consequences. In 2013, as part of the Water Security Initiative (WSI), EPA will focus on evaluation of data from the final four drinking water security pilots and the development of tools to enable national adoption of contamination warning systems by the water sector. WSI is a pilot program intended to demonstrate the concept of an effective contamination warning system that drinking water utilities could adopt. The EPA also will continue to support water sector-specific agency responsibilities, including the Water Alliance for Threat Reduction, to protect the nation's critical water infrastructure. EPA will also continue to integrate the regional laboratory networks and the WSI pilot laboratories into a national, consistent program.

Ensuring the Safety of Chemicals and Preventing Pollution._The Chemical Safety and Sustainability (CSS) research program is building upon existing EPA research in chemical management and extending efforts to develop innovative, transdisciplinary approaches and tools that inform more sustainable solutions to the design and management of chemicals throughout their life cycle. Under the CSS program, development of enhanced chemical screening and prioritizing testing approaches for smarter, context-relevant chemical assessment and management will not only directly support regulation of existing pesticide and industrial chemicals, but also enhance green chemistry opportunities for the design and use of new chemicals. CSS will identify and synthesize the best available scientific information on models, methods, and analyses on chemicals of all types. CSS will also contribute to the Sustainable and Healthy Communities research program by providing decision makers in individual localities and communities with research on contaminants of highest priority for both humans and wildlife.
Impacts to people or the environment from chemicals can occur at any point from the extraction of raw materials to the chemical's end of life when it is disposed of or recycled. In 2013, the CSS program will conduct research on the environmental impacts of chemicals from a life cycle perspective. In addition, the CSS program will conduct research on integrated chemical evaluation strategies. CSS will support the development and application of improved and new:
(1) Strategies and approaches for the efficient assessment and management of the thousands of existing and emerging chemicals in commerce (i.e., knowing what, when, and how to test);
(2) Advanced computational tools for improving existing methods to understand inherent properties and predict behaviors and impacts of chemicals and their related products throughout their life cycle;
(3) Approaches for alternative product formulations using green chemistry and engineering principles throughout their life cycle that may lead to improved sustainability;
(4) Approaches to address issues of cumulative risk, chemical mixtures in the environment, exposure of vulnerable of populations, and environmental equity; and
(5) Methods to translate research findings into decision support tools that are useful and usable to regulators and risk managers, as well as to EPA's other research programs.
CSS will use Science to Achieve Results grants, also known as STAR grants, to develop centers for Life Cycle Chemical Safety and Sustainable Molecular Design to promote innovative treatment designs and technologies approaches for mitigating potential endocrine disruptors and other chemical contaminants from drinking water and wastewater treatment systems, and an understanding of the exposure pathways relevant to reproductive endpoints and ecological organisms.
In 2013, the Agency will protect human health by ensuring the availability of appropriate analytical methods for detecting pesticide residues in food and feed, ensuring suitability for monitoring pesticide residues, and enforcing tolerances. This will be accomplished by developing and validating multi-residue pesticide analytical methods for food, feed, and water for use by other Federal and State laboratories, and subsequently the program office. Laboratories further support the estimation of human health risks from pesticide use by operating the National Pesticide Standard Repository (NPSR). The NPSR will also protect the environment by supporting Federal and State laboratories involved in enforcement activities.

Enforcing Environmental Laws._In 2013, EPA's Forensics Support program will continue to provide specialized scientific and technical support for the nations most complex civil and criminal enforcement cases, as well as technical expertise for Agency compliance efforts. This work is critical to determining non-compliance and building viable enforcement cases. The EPA's National Enforcement Investigations Center (NEIC) is a fully accredited environmental forensics center under International Standards Organization 17025, the main standard used by testing and calibration laboratories, as recommended by the National Academy of Sciences. NEIC works closely with the EPA Criminal Investigation Division to provide technical support (e.g. sampling, analysis, consultation and testimony) to criminal investigations. NEIC also works closely with the Regional Offices to provide technical assistance, consultation, on-site inspection, investigation, and case resolution services in support of the EPA's Civil Enforcement program.
NEIC will continue to apply its technical resources in support of EPA's national enforcement priorities, and support the technical aspects of criminal investigations. Efforts to stay at the forefront of environmental enforcement in 2013 include focused refinement of single and multi-media compliance monitoring investigation approaches, customized laboratory methods to solve unusual enforcement case challenges, and applied research and development in both laboratory and field applications.

Enabling and Support Programs._Enabling and Support Programs provide the people, facilities, and systems necessary to operate the programs funded by the Science and Technology appropriations. The offices and the functions they perform are: Administration and Resources Management (facilities infrastructure and operations) and Environmental Information (information technology/data management).

Object Classification (in millions of dollars)

Employment Summary

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; and not to exceed [$19,000] $9,000 for official reception and representation expenses, [$2,682,514,000] $2,817,179,000, to remain available until September 30, [2013: Provided, That of the funds included under this heading, not less than $410,375,000 shall be for Geographic Programs specified in the explanatory statement accompanying this Act] 2014. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012.)

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

This appropriation includes funds for salaries, travel, contracts, grants, and cooperative agreements for pollution abatement, control, and compliance activities and administrative activities of the operating programs, including activities under the Working Capital Fund. This appropriation supports core Agency programs and each of the Agency's five goals. Specifically in 2013, the Environmental Protection Agency (EPA) will emphasize the following:

Taking Action on Climate Change and Improving Air Quality._To protect and improve air quality and reduce greenhouse gas (GHG) emissions, EPA will apply a variety of approaches and appropriate tools. EPA will develop and implement strategies to attain ambient air quality standards for the six criteria pollutants: ozone, particulate matter, sulfur dioxide, nitrogen dioxide, carbon monoxide, and lead. EPA will reduce regional haze through regional approaches where significant transport of pollutants occurs. EPA will also develop control measures for sources that are best regulated at the Federal level. EPA will continue to develop and issue national technology-based and risk-based standards using a sector-based approach to reduce the quantity of toxic air pollutants emitted from industrial and manufacturing processes, as well as from urban sources. EPA will proceed with performing analyses to develop New Source Performance Standards, consistent with Clean Air Act requirements. The Acid Rain program will continue its market-based approach to achieving reduced emissions of sulfur dioxide primarily from electric utilities. The market-based approach will also be used in other programs, where permitted under the Clean Air Act, to reduce emissions of air pollutants. EPA will use its authority under the Clean Air Act to continue efforts to reduce GHGs domestically and internationally through cost-effective, non-regulatory programs while also pursuing regulatory options. Through implementation of the mandatory Greenhouse Gas Reporting Rule, EPA will work with sources to obtain high quality data in a cost-effective manner. EPA will continue to provide support and oversight for local, State, and Tribal permitting authorities to efficiently process GHG permits, as well as issue permits directly to sources where there is no delegated permitting authority. EPA will continue partnerships with businesses and other sectors to help reduce GHGs through the greater use of energy efficient technologies and products and contribute to cleaner air. The voluntary government-industry partnership programs are designed to capitalize on the opportunities that consumers, businesses, and organizations have for making sound investments in efficient equipment, policies, practices, and transportation choices. In recognition that labeling of products under the Energy Star program can be considered a special benefit of a Government service, EPA will pursue opportunities to institute user fees where appropriate. EPA will continue to coordinate the implementation of the Global Methane Initiative to enhance global cooperation and expand efforts to capture and use methane as a clean alternative energy source. EPA will also participate with other agencies to help global efforts to increase energy efficiency and reduce GHG emissions. EPA will implement voluntary outreach and partnership programs with State, Tribal, and local governments to improve indoor air quality and reduce potential risks to the public (including radon) in homes, schools, and workplaces. In addition, EPA will develop and use voluntary and regulatory programs, public information, and training to reduce public exposure to radiation. EPA will focus its domestic and international efforts to ensure that ozone-depleting substance production and import caps under the Montreal Protocol and Clean Air Act continue to be met.

Protecting America's Waters._To protect and restore our waters to ensure that drinking water is safe, and that aquatic ecosystems sustain fish, plants and wildlife, as well as support economic, recreational, and subsistence activities, EPA will focus on several key strategies. EPA's strategy for helping systems provide safe drinking water over the next several years includes developing or revising drinking water standards, supporting States, Tribes, and water systems in implementing standards, promoting sustainable management of water infrastructure, and protecting sources of drinking water from contamination. EPA will facilitate the ecosystem-scale protection and restoration of natural areas by supporting continuing efforts of all 28 National Estuary Program estuaries to implement their Comprehensive Conservation and Management Plans to protect and restore estuarine resources. To maximize the impact of each dollar, EPA will continue to strengthen its vital partnerships with States, Tribes, local governments, and other parties that are also working toward the common goal of improving the Nation's waters. EPA will implement the President's Executive Order on the Chesapeake Bay, implementing a strategy to restore Bay water quality. EPA will continue to lead the implementation of the Great Lakes Restoration Initiative. The initiative provides $300 million for programs and projects strategically chosen to target the most significant environmental problems in the Great Lakes ecosystem. This investment will allow for implementation of important restoration activities emphasizing on-the-ground work to achieve the goals, objectives and targets of the Initiative. EPA expects continued progress within each of the Initiative's focus areas: Toxic Substances and Areas of Concerns, Invasive Species, Nearshore Health and Nonpoint Source, Habitat and Wildlife Protection and Restoration, and Accountability, Education, Monitoring, Evaluation, Communication, and Partnerships. Appropriations language for this proposal can be found in EPA's Administrative Provisions. EPA will help States implement nationally consistent water quality monitoring programs which will eventually allow EPA to make a credible national assessment of water quality. High quality, current monitoring data is critical for EPA, States, Tribes and others to make watershed-based decisions, develop necessary water quality standards and total maximum daily loads, and accurately and consistently portray conditions and trends. In addition, EPA will continue work with its Federal partners to support the safe deployment of carbon dioxide capture and storage technologies as a climate mitigation strategy.

Cleaning Up Communities and Advancing Sustainable Development._EPA will work to preserve land by ensuring proper management of waste, reducing waste generation and increasing recycling. EPA will continue to assist States in putting in place and maintaining permits at facilities that treat, store or dispose of hazardous waste. Although States are the primary implementers of the Corrective Action program which requires facilities managing hazardous waste to clean up past releases, EPA directly implements the program in 13 States and provides technical support and oversight for State-led activities. To achieve EPA's waste management goals, EPA will: (1) maintain partnerships with businesses, industries, Tribes, States, communities, and consumers; (2) promote environmentally responsible behavior by product manufacturers, users and disposers; and (3) encourage businesses, government, institutions and consumers to reduce waste generation and increase recycling through education, outreach, training, and technical assistance. EPA will also continue to work with States in order to bring all underground storage tank systems into compliance and keep them in compliance with the release detection and release prevention requirements outlined in the Energy Policy Act of 2005. EPA works with State, local, and Tribal partners to help protect the public and the environment from releases of hazardous substances from chemical handling facilities by helping them develop area-wide emergency response and contingency plans. EPA conducts audits and inspections of those facilities handling more than a threshold quantity of certain extremely hazardous chemicals that are required to implement a Risk Management Program to prevent releases. EPA will also support the operations and management of the Brownfields program, including training and technical support to assist communities to address general issues associated with properties of which redevelopment or reuse may be complicated by the presence of contamination. EPA is committed to ensuring environmental justice regardless of race, color, national origin, or income. Recognizing that minority and/or low-income communities may be exposed disproportionately to environmental harm and risks, EPA works to protect these communities from adverse health and environmental effects and to ensure they are given the opportunity to participate meaningfully in environmental clean-up decisions. EPA's Environmental Justice program will continue to incorporate environmental justice considerations in the rulemaking process. EPA will apply effective methods suitable for determining whether disproportionate environmental health impacts on minority, low-income, and tribal populations exist.

Ensuring the Safety of Chemicals and Preventing Pollution._To ensure that the foods the American public eats will be free from unsafe levels of pesticide residues, EPA will apply strict health-based standards to the registration of pesticides for use on food or animal feed and ensure that older pesticides meet current health standards. EPA will also work to expedite and increase the registration of safer pesticides and to decrease the use of pesticides with the highest potential to cause adverse effects. EPA intends to reduce potential human and environmental risks from commercial and residential exposure to pesticides through programs that focus on farmworker protection, endangered species protection, environmental stewardship, and integrated pest management. EPA's toxics program will continue to make substantial progress in protecting public health and the environment from harmful industrial chemicals by assessing the safety of new and existing chemicals, reducing gaps in the data available, strengthening chemical information management, and promoting greater transparency. EPA will also continue its efforts to alleviate health risks from exposure to lead-based paint and other sources of lead in the environment. EPA's Pollution Prevention (P2) program will continue to provide technical assistance, information and supporting assessments to encourage the use of greener chemicals, technologies, processes and products through eight programs: Environmentally Preferable Purchasing, Design for the Environment, Green Suppliers Network, Regional Grants, Pollution Prevention Resource Exchange, Partnership for Sustainable Healthcare, Green Chemistry, and Green Engineering. In addition, EPA's P2 program will continue to support the new Economy, Energy and Environment partnership among Federal agencies, local governments and manufactures to promote energy efficiency, job creation and environmental improvement.
The United States will coordinate with other nations in multilateral efforts to protect the environment and human health. EPA will continue to promote formal bilateral and multilateral environmental agreements with key countries, execute environmental components of the Administration's key foreign policy initiatives, and engage in regional and global negotiations aimed at reducing potential environmental risks via formal and informal agreements. EPA will continue to cooperate with other countries to ensure that domestic and international environmental laws, policies, and priorities are recognized and implemented and, where appropriate, promoted within the multilateral development assistance and trading system.
Combined with public demand for information, the unprecedented changes in information technology over the past few years are altering the way EPA, States, and Tribes collect, manage, analyze, use, secure, and provide access to quality environmental information. EPA is working with the States and Tribes to strengthen our information quality, leverage information maintained by other government organizations, and develop new tools that provide the public with simultaneous access to multiple data sets, allowing users to understand local, Tribal, State, regional, and national environmental conditions. Key to achieving information quality will be the further development of the National Environmental Information Exchange Network, which is primarily an affiliation between EPA and the States and Tribes. EPA will continue to reduce reporting burden, improve data quality, and accelerate data publications by accelerating the replacement of paper-based submissions with electronic reporting under the Toxic Release Inventory.

Enforcing Environmental Laws._EPA will implement a strong enforcement and compliance program focused on identifying and reducing non-compliant actions and deterring future non-compliant actions that violate the law. To improve compliance with environmental laws, regulated entities, Federal agencies, and the public benefit from easy access to tools that help them understand these laws and find efficient, cost-effective means for putting them into practice. EPA's enforcement program targets inspections and other compliance monitoring activities according to the degree of health and environmental risk. The program collaborates with the Department of Justice, States, local government agencies, and Tribal governments to ensure consistent and fair enforcement of all environmental laws and regulations. The program seeks to aggressively pursue violations that threaten communities, ensure a level economic playing field by ensuring that violators do not realize an economic benefit from noncompliance, and deter future violations. The Civil Enforcement program develops, litigates, and settles administrative and civil judicial cases against serious violators of environmental laws. The Criminal Enforcement program deters and punishes violators of environmental laws by holding them accountable through jail sentences and criminal fines. Bringing criminal cases sends a strong deterrence message to potential violators, enhances aggregate compliance with laws and regulations and protects our communities. In 2013, EPA is emphasizing the use of 21st century technology to streamline monitoring and reporting, improve transparency, more accurately gauge compliance, identify high-risk facilities, and better engage the public.

Enabling and Support Programs._EPA's Enabling and Support Programs (ESPs) provide centralized management services and support to environmental programs. The offices and the functions they perform within the Environmental Programs and Management appropriation are: the Offices of Administration and Resources Management (facilities infrastructure and operations, acquisition management, human resources management services, and management of financial assistance grants/institutional assistance grants); Environmental Information (exchange network, information security, information technology/data management); the Administrator (administrative law, civil rights/Title VI compliance, congressional, intergovernmental and external relations, regional science and technology, Science Advisory Board); the Chief Financial Officer (strategic planning, annual planning and budgeting, financial services, financial management, analysis, and accountability); and General Counsel (alternative dispute resolution and legal advice). Since these centralized services provide support across EPA, resources for the ESPs are allocated across EPA's appropriations, goals, and objectives.

Object Classification (in millions of dollars)

Employment Summary

For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, [$36,428,000] $41,969,000, to remain available until expended. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

This appropriation provides for the construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities that are owned or used by the Environmental Protection Agency (EPA). This appropriation supports the EPA-wide goals through Enabling and Support Programs that provide centralized management services and support to the EPA's various environmental programs. EPA's management infrastructure will set and implement the highest quality standards for effective internal management and fiscal responsibility. The facilities funded by this account will provide quality work environments and state-of-the-art laboratories that address employee safety and security and pollution prevention.

Object Classification (in millions of dollars)

For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, [$3,618,727,000] $3,355,723,000, to remain available until expended, of which [$1,468,806,000] $1,175,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, as amended (the "Act''); of which [$919,363,000] $850,000,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act, as amended: Provided, That for fiscal year [2012] 2013, to the extent there are sufficient eligible project applications, not less than [10] 20 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That for fiscal year [2012] 2013, not less than 10 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants [may, at the discretion of each State,] shall be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities; [$5,000,000] $10,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $10,000,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided further, That, of these funds: (1) the State of Alaska shall provide a match of 25 percent; and (2) no more than 5 percent of the funds may be used for administrative and overhead expenses; [and (3) the State of Alaska shall make awards consistent with the State-wide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; $95,000,000] $93,291,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including grants, interagency agreements, and associated program support costs: Provided further, That not more than 25 percent of the amount appropriated to carry out section 104(k) of CERCLA shall be used for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II) of CERCLA; [$30,000,000] $15,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005, as amended; and [$1,090,558,000] $1,202,432,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104–134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, of which [$49,396,000] $47,572,000 shall be for carrying out section 128 of CERCLA, as amended, [$9,980,000] $15,200,000 shall be for Environmental Information Exchange Network grants, including associated program support costs, [$18,463,000] $18,500,000 of the funds available for grants under section 106 of the Act shall be for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring programs, $15,000,000 of the funds available for grants under section 106 of the Act shall be awarded to States to achieve nutrient reductions, and, in addition to funds appropriated under the heading "Leaking Underground Storage Tank Trust Fund Program'' to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act, as amended, [$1,550,000] $1,490,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, as amended: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year [2012] 2013 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year [2012] 2013, and notwithstanding section 518(f) of the Act, the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of that Act to make grants to federally recognized Indian tribes pursuant to sections 319(h) and 518(e) of that Act: Provided further, That for fiscal year [2012] 2013, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act and section 1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further, That for fiscal year [2012] 2013, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Clean Water Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: Provided further, That for fiscal year [2012] 2013, notwithstanding the limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further, That not [less than 20 percent but not] more than 30 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants [and not less than 20 percent but not more than 30 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants] shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), and shall be so used by the State only where such funds are provided as initial financing for an eligible recipient or to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this Act, except that for the Clean Water State Revolving Fund capitalization grant appropriation this section shall only apply to the portion that exceeds $1,000,000,000: Provided further, That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure[: Provided further, That for fiscal year 2012 and hereafter, the Administrator may transfer funds provided for tribal set-asides through funds appropriated for the Clean Water State Revolving Funds and for the Drinking Water State Revolving Funds between those accounts in such manner as the Administrator deems appropriate, but not to exceed the transfer limits given to States under section 302(a) of Public Law 104–182]. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

This appropriation supports core Environmental Protection Agency (EPA) programs and each of the EPA's five goals through grants to States, Tribes and other partners. EPA is using common elements for State and Tribal grant agreements, including Performance Partnerships. The elements clearly link to EPA's strategic plan to relate State workplan information into EPA's strategic and annual goals.

Taking Action on Climate Change and Improving Air Quality._To reduce greenhouse gas (GHG) emissions and address climate change and protect and improve air quality for every American community, EPA will offer media-specific and multi-media Performance Partnership grants, and technical assistance to States and Tribes. This financial and technical aid will assist them in the development of their Clean Air Plans, support solutions that address local air needs, and provide support for development of state programs that address GHG emissions. EPA will provide funds to States and Tribes under section 105 of the Clean Air Act to improve air monitoring networks to obtain better data on emissions of criteria pollutants and air toxics. EPA issued air quality standards for a new pollutant, fine particulate matter, in the late 1990s. Since that time, EPA has funded State and local fine particulate monitoring networks using the requirements of section 103 of the Clean Air Act, as authorized in annual appropriation bills. Section 103 provides full funding for pilot programs, demonstrations, research, and other one-time activities; section 105 requires State and local agencies to provide matching funds of at least 40 percent of the amount required for the entire continuing State or local clean air program. EPA is committed to continuing a transition to incorporate funding for fine particulate monitoring into the funding authorized by section 105 of the Clean Air Act for continuing State and local clean air programs. Using funds provided by EPA under sections 103 and 105, States and Tribes will prepare State Implementation Plans and Tribal Implementation Plans to achieve the revised, more protective National Ambient Air Quality Standards; implement new monitoring requirements, including technological upgrades and additional monitoring stations; and support the National Air Toxics Trends Stations monitoring network. Additionally, EPA will provide funds to States to support the Greenhouse Gas Reporting Rule, facilitating States' collection, review, and use of GHG emissions data.

Protecting America's Waters._This Agency goal is to reduce human exposure to contaminants in drinking water, fish and shellfish, and recreational waters and to protect and restore watersheds and aquatic ecosystems. In 2013, EPA will continue to work with State and local partners to develop policies that promote the use of water resources in ways that are both ecologically and economically sustainable. In support of this goal, EPA will provide $1.2 billion for the Clean Water State Revolving Fund (SRF). The Clean Water SRF makes low interest loans to communities and includes a set-aside for Tribes and U.S. Territories to construct wastewater treatment infrastructure, in addition to other projects that enhance water quality. The Federal Government has invested over $33 billion in grants to help capitalize the 51 Clean Water SRFs. With the required State match, additional State contributions and funds from program leveraging, funds made available for such Clean Water loans total over $89.5 billion. The SRFs also will support green infrastructure, as not less than 20 percent of the Clean Water fund shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities. For fiscal year 2013, not less than 10 percent of funds provided to States under the Drinking Water State Revolving Funds may be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities. The Budget also requests $850 million for the Drinking Water SRF, which makes low interest loans to public water systems and to Tribes and U.S. Territories to upgrade drinking water infrastructure to help them provide safe drinking water.
Direct grants are also provided to help address the significant water and wastewater infrastructure needs of Alaska Native Villages. EPA has implemented a management plan that optimizes the pace of the program. EPA will strengthen State core water quality protection and water enforcement programs. EPA will provide direct grant assistance for water and wastewater infrastructure projects on the U.S.-Mexico border. EPA has met its NAFTA commitment to provide a total of $700 million for drinking water and wastewater infrastructure needs in the area. However, in recognition of the continuing environmental and public health needs in the border area, the Budget continues funding for these activities.
EPA will support its partnerships with States, Tribes, and partners through media-specific and multi-media, and/or Performance Partnership grants to: (1) increase the number of community drinking water systems that meet all existing health-based standards, (2) protect watersheds by reducing point and nonpoint source pollution, (3) increase the acreage and improve the condition of wetlands, and (4) address agricultural and urban runoff and storm water. EPA will work with its State and Tribal partners to develop and implement broad-based and integrated monitoring and assessment programs that strengthen their water quality standards, improve decision-making, target restoration within the watershed, address significant stressors, and report on conditions.
Furthermore, EPA will enhance efforts to address nutrient pollution through working collaboratively with U.S. Department of Agriculture in high priority, focused watersheds and providing funding to States to undertake nutrient pollution reductions, including $15 million in Clean Water Act Section 106 grants.

Cleaning Up Communities and Advancing Sustainable Development._Land is one of America's most valuable resources and cleaning up our communities to create a safe environment for all Americans while encouraging more sustainable development is critical to the future of our country. Hazardous and non-hazardous wastes on the land can migrate to the air, groundwater and surface water, contaminating drinking water supplies, causing acute illnesses or chronic diseases, and threatening healthy ecosystems in urban, rural, and suburban areas.
Under the Resource Conservation and Recovery Act of 1976, as amended, EPA provides grants to States to strengthen their ability to implement hazardous waste programs. EPA also provides financial and technical assistance to eligible Tribal governments and inter-tribal consortia. In 2013, EPA will provide grants or cooperative agreements to States for underground storage tank release prevention and detection programs. There will also be direct assistance through media-specific, and multimedia and/or Performance Partnership grants to enable Tribes to implement hazardous waste programs. EPA will also fund brownfields projects resulting in assessments and clean-up activities that assist communities in paving the way for the productive reuse of contaminated properties and abandoned sites.
In addition, EPA provides grants to assist States, Tribes, and partners with worker safety activities, protection of endangered species and water sources, and promotion of environmental stewardship. To protect, sustain or restore the health of people, communities and ecosystems, EPA will focus on the geographic areas with human and ecological communities at most risk. EPA is working to protect, sustain, and restore the health of natural habitats and ecosystems by identifying and evaluating problem areas, developing tools, and improving community capacity to address problems.
Under Federal environmental statutes, EPA is responsible for protecting human health and the environment in Tribal country. EPA works with over 500 Federally recognized Tribes located across the United States to improve environmental and human health outcomes. Tribal country totals more than 70 million acres with reservations ranging from less than 10 acres to more than 14 million acres. Difficult environmental and health challenges remain in many of these areas, including lack of access to safe drinking water, sanitation, adequate waste facilities, and other environmental safeguards taken for granted elsewhere.
EPA plans to provide $10 million to States, U.S. Territories, Tribes, and inter-tribal consortia to help them develop their information management and technology capabilities. The purpose of this support is two-fold: to assist the Agency in providing ready access to real-time environmental information and to allow States and Tribes to better integrate and share their environmental information.

Ensuring the Safety of Chemicals and Preventing Pollution._EPA will continue to provide grant assistance to States, U.S. Territories, the District of Columbia, and Tribes to develop and implement authorized programs for lead paint remediation, including programs to train and certify individuals engaged in remediation activities. Another priority for 2013 will be the implementation of a new regulation to address lead-safe work practices for renovation, repair, and painting activities.
In 2013, EPA will continue the Pesticide Program Implementation State and Tribal Assistance Grants activities which cover worker protection, endangered species, coordination with States, Tribes, and other Federal agencies, certification and training of pesticide applicators, coordination with other agencies, pesticides environmental stewardship, and Integrated Pest Management (IPM). EPA will also continue the grant program for States and Tribes, to test innovative pollution prevention (P2) approaches and to provide P2 technical assistance to companies.

Enforcing Environmental Laws._To promote compliance with laws intended to protect human health and the environment, EPA will continue to award State and Tribal grants to assist in the implementation of compliance and enforcement provisions of environmental laws. EPA will provide funding to States and Tribes for compliance assurance activities including inspections and enforcement case support activities. Through grants for pesticide enforcement, EPA will support State and Tribal compliance and enforcement activities designed to protect the environment from harmful chemicals and pesticides. These grants also will help States and Tribes to protect underserved and vulnerable populations by conducting compliance (inspection) and enforcement activities, including those related to worker protection standards and those at pesticide producing establishments. Toxic Substance compliance grants help protect the public and the environment from polychlorinated biphenyls, asbestos, and lead-based paint. Funds are used to train inspectors, including the train-the-trainer program; provide inspection equipment including sampling and personal protective equipment; and fund travel and salary costs associated with conducting inspections.

Object Classification (in millions of dollars)

Program and Financing (in millions of dollars)

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, authorizes appropriations from the general fund to finance activities conducted through the Hazardous Substance Superfund. The Administration proposes to continue the payment from the general fund up to the appropriated amount in 2013 less sums available in the Trust Fund on September 30, 2012.

Special and Trust Fund Receipts (in millions of dollars)

The Environmental Services special fund was established for the deposit of fee receipts associated with environmental programs that may, by statute, be deposited into the fund.

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

Fees deposited in this account are paid by industry for expedited processing of certain registration petitions and the associated establishment of tolerances for pesticides to be used in or on food and animal feed. These Pesticide Registration Service fees are authorized by Section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act of 1988, as amended by Public Law 110–94. Accordingly, during 2013 the level of registration service fees payable under this section shall be reduced 40 percent below the level in effect on September 30, 2012.

Object Classification (in millions of dollars)

Employment Summary

Program and Financing (in millions of dollars)

Summary of Budget Authority and Outlays (in millions of dollars)

Pesticide Maintenance fees are paid by industry to offset the costs of pesticide reregistration, registration review, and reassessment of tolerances for pesticides used in or on food and animal feed as required by law. This fee is authorized in Section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act of 1972, as amended by Public Law 110–94. Authorization to collect the fee will expire on September 30th, 2012.

Object Classification (in millions of dollars)

Employment Summary

Program and Financing (in millions of dollars)

Object Classification (in millions of dollars)

Employment Summary

Program and Financing (in millions of dollars)

The Environmental Protection Agency (EPA) received authority to establish a Working Capital Fund (WCF) and was designated a pilot franchise fund under Public Law 103–356, the Government Management and Reform Act of 1994. EPA received permanent authority for the WCF in P.L. 105–65, as part of an effort to increase competition for governmental administrative services. EPA's WCF became operational in 1997 and funds four main activities: information technology and telecommunications operations, managed by the Office of Environmental Information; Agency postage costs, managed by the Office of Administration; and the core accounting system and employee relocations, managed by the Office of the Chief Financial Officer. The 2013 amount reflects only base resources and may change during the year as programmatic needs change.

Object Classification (in millions of dollars)

Employment Summary

Program and Financing (in millions of dollars)

Status of Direct Loans (in millions of dollars)

As required by the Federal Credit Reform Act of 1990, this non-budgetary account records all cash flows to and from the Government resulting from direct loans obligated in 1992 and beyond. The amounts in this account are a means of financing and are not included in the budget totals.

Balance Sheet (in millions of dollars)

Trust Funds

For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) [$1,215,753,000] $1,176,431,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, [2011] 2012, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to [$1,215,753,000] $1,176,431,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: 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, [$9,955,000] $10,864,000 shall be paid to the "Office of Inspector General'' appropriation to remain available until September 30, [2013] 2014, and [$23,016,000] $23,225,000 shall be paid to the "Science and Technology'' appropriation to remain available until September 30, [2013] 2014. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012.)

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

This appropriation provides funds for the implementation of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA) including activities under the Working Capital Fund. This appropriation supports core Environmental Protection Agency (EPA) programs in four of EPA's five goals. Specifically in 2013, emphasis will be placed on the following:

Cleaning Up Communities and Advancing Sustainable Development._To preserve and restore land and to protect human health and the environment, EPA will reduce the risks posed by releases of harmful substances and protect against exposure to those substances by cleaning up and restoring contaminated sites to beneficial use. EPA will apply the most effective methods to control the risks associated with the presence of harmful substances, improve response capabilities, and maximize the effectiveness of response and clean-up actions. EPA's clean-up and response activity at contaminated sites will address environmental concerns, such as the removal of contaminated soil and treatment of contaminated groundwater, in order to reduce human exposures to hazardous pollutants and provide long-term human health protection. EPA will ensure that all releases of harmful substances to the environment are appropriately addressed by responding to incidents and providing technical support. To effectively prepare for and respond to incidents of national significance, EPA will improve decontamination readiness, continue to support a nationwide environmental laboratory network, and maintain a highly skilled, trained, and equipped response workforce. EPA will conduct research to improve methods and models and provide technical support to accelerate scientifically defensible and cost-effective decisions for clean-up at complex contaminated sites in accordance with CERCLA. EPA will also work to maximize responsible parties' participation in site clean-ups and pursue greater recovery of EPA's clean-up costs.

Enforcing Environmental Laws._EPA's Superfund Enforcement program protects communities by requiring responsible parties to pay for and/or conduct clean-ups. The program uses an enforcement first approach that maximizes the participation of liable and viable parties in performing and paying for clean-ups in both the remedial and removal programs. To further carry out the responsibilities of CERCLA, EPA will allocate funds from its appropriation to Federal agency partners including to the Department of Justice (DOJ). DOJ supports EPA's Superfund Enforcement program through negotiations and judicial actions to compel Potentially Responsible Parties to clean up and through litigation to recover Trust Fund monies. EPA will investigate and refer for prosecution criminal and civil violations of CERCLA.

Enabling and Support Programs (ESP)._ESPs provide centralized management services and support to the Agency's various environmental programs. The offices and the functions they perform within the Superfund appropriation are: the Offices of Administration and Resources Management (facilities infrastructure and operations, acquisition management, human resources management services, and management of financial assistance grants/institutional assistance grants); Environmental Information (exchange network, information security, information technology/data management); the Chief Financial Officer (strategic planning, annual planning and budgeting, financial services, financial management, analysis, and accountability), and General Counsel (alternative dispute resolution, legal advice). Because these centralized services provide support across EPA, resources for the ESPs are allocated across EPA's appropriations, goals, and objectives.

Status of Funds (in millions of dollars)

Object Classification (in millions of dollars)

Employment Summary

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, as amended, [$104,309,000] $104,117,000, to remain available until expended, of which [$73,809,000] $71,687,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act, as amended; [$30,500,000] $32,430,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code, as amended: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012.)

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

The Leaking Underground Storage Tank (LUST) Trust Fund, authorized by the Superfund Amendments and Reauthorization Act of 1986, as amended by the Omnibus Budget Reconciliation Act of 1990, the Taxpayer Relief Act of 1997, and the Energy Policy Act (EPAct) of 2005, provides funds for preventing and responding to releases from underground storage tanks, including activities under the Working Capital Fund. The Trust Fund is financed by a 0.1 cent per gallon tax on motor fuels, which will expire after March 30, 2012. Legislation will be proposed to reauthorize the tax.

LUST funds are allocated to States through cooperative agreements to clean up sites posing the greatest threat to human health and the environment as authorized under Section 9003(h) of the Solid Waste Disposal Act of 1965, as amended, and also to implement the activities authorized by Title XV, Subtitle B of EPAct. Funds are also used for grants to non-State entities under Section 8001 of the Resource Conservation and Recovery Act of 1976, as amended. Federally recognized Tribes receive grant funding under P.L. 105–276. EPA supports oversight, clean-up, and enforcement programs which are implemented by the States. LUST Trust Fund dollars can be used for State-led clean-ups and for State oversight of responsible party clean-ups. In addition, EPAct expanded the authorized activities for the underground storage tank program. This appropriation supports core Agency programs and two of EPA's five goals. Specifically in 2013, emphasis will be placed on the following:

Cleaning Up Communities and Advancing Sustainable Development._The LUST program promotes rapid and effective responses to releases from Federally regulated underground storage tanks containing petroleum by enhancing State, local, and Tribal enforcement and response capability. EPA's LUST program priorities include: increasing the efficiency of LUST clean-ups; addressing contaminants of concern; and promoting the continued use, reuse, and long-term management of LUST sites. EPA will help States and Tribes improve LUST clean-up performance by performing analyses and developing strategies to reduce the backlog of open releases, continuing to develop and promote the use of innovative tools such as multi-site and geographical clean-up approaches, providing guidance and technical support regarding clean -up approaches and technologies, and streamlining clean-up decisions and processes. EPA will also continue efforts to monitor the soundness of State clean-up funds. EPA's release prevention program priorities will assist States and Tribes to ensure continued compliance with the three year inspection requirement, implement the various release prevention provisions of EPAct such as operator training and delivery prohibition, enforce violations discovered during the inspections, and continue building tribal implementation capacity.

Enforcing Environmental Laws._To protect the Nation's groundwater and drinking water from petroleum releases from Underground Storage Tanks (UST), this program provides compliance assistance tools, technical assistance and training to promote and enforce UST systems compliance and clean-ups.

Enabling and Support Programs._Enabling and Support Programs provide the infrastructure of people, facilities, and systems necessary to operate the programs funded by the LUST appropriation. The offices and the functions they perform are: Administration and Resources Management (facilities infrastructure and operations, acquisition management, and human resources management services); Environmental Information (information technology/data management); and the Chief Financial Officer (strategic planning, annual planning and budgeting, financial services, financial management, analysis, and accountability).

Status of Funds (in millions of dollars)

Object Classification (in millions of dollars)

Employment Summary

For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, [$18,274,000] $23,531,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012.)

Program and Financing (in millions of dollars)

This appropriation provides for the Environmental Protection Agency's (EPA) responsibilities for prevention, preparedness, and response activities authorized under the Federal Water Pollution Control Act, as amended by the Oil Pollution Act of 1990 (OPA), including activities under the Working Capital Fund. This appropriation supports core Agency programs and two of the Agency's five goals. Specifically in 2013, emphasis will be placed on the following:

Cleaning Up Communities and Advancing Sustainable Development._The Oil Spill program protects U.S. waters by preventing, preparing for, responding to, and monitoring oil spills. EPA conducts oil spill prevention, preparedness, and enforcement activities associated with more than 600,000 non-transportation-related oil storage facilities that EPA regulates through its spill prevention program. The Spill Prevention, Control and Countermeasures regulation and the Facility Response Plan regulation establish the Oil Spill program regulatory framework, while the National Oil and Hazardous Substances Pollution Contingency Plan establishes the framework for EPA's preparedness and response responsibilities.
EPA accesses the Oil Spill Liability Trust Fund, administered by the U.S. Coast Guard, to obtain reimbursement for site-specific spill response activities. More than 30,000 oil and hazardous substance releases occur in the U.S. every year, with a significant portion of these spills occurring in the inland zone over which EPA has jurisdiction. EPA develops and uses its protocols for testing various spill response product classes to pre-qualify products for potential use in spill response as required by the preparedness and response requirements of the Oil Pollution Act of 1990. Testing products ensures their effectiveness and toxicity characteristics which can, in turn, be used by the on-scene coordinator and regional response teams in making informed decisions regarding the use of certain products in response to specific spills. EPA will be focusing its oil spill research efforts on ecological effects and assessment of shoreline and coastal impacts from oil spills and dispersant use, human health impacts, and spill remediation alternatives and innovative technology development and evaluation, including green technologies. Spill response is a priority for the Agency, and EPA has been instrumental in providing guidance for various response technologies. A key factor in providing guidance on spill response technologies is developing a firm understanding of the science behind spill behavior in the environment.

Enforcing Environmental Laws._The Inland Oil Spill Programs appropriation portion of the Civil Enforcement program is designed to prevent oil spills using civil enforcement and compliance assistance approaches, as well as to prepare for and respond to any oil spills affecting the inland waters of the United States. Pursuant to Clean Water Act Section 311 (Oil Spill and Hazardous Substances) requirements, EPA's Civil Enforcement program will develop policies, issue administrative clean-up orders and/or refer civil judicial actions to the Department of Justice, assess civil penalties for violations of those orders or for spills into the environment, provide compliance assistance to regulated entities to assist them in understanding their legal requirements under the Clean Water Act, and assist in the recovery of clean-up costs expended by the government.

Enabling and Support Programs._Enabling and Support Programs provide the infrastructure of people, facilities and systems necessary to operate the programs funded by the Inland Oil Spill Programs appropriation. The office and function performed is Administration and Resources Management (facilities infrastructure and operations).

Object Classification (in millions of dollars)

Employment Summary

For fiscal year [2012] 2013, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency's function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements.

The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by Public Law 110–94, the Pesticide Registration Improvement Renewal Act.

The Administrator is authorized to transfer up to $300,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading "Environmental Programs and Management'' to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement.

[From unobligated balances available to the Administrator of the Environmental Protection Agency, $50,000,000 are permanently rescinded: Provided, That of these funds, $5,000,000 shall be rescinded from unobligated balances within the "Hazardous Substance Superfund'' account; $5,000,000 shall be rescinded from unobligated Brownfields balances within the "State and Tribal Assistance Grants'' account; $5,000,000 shall be rescinded from unobligated Mexico Border balances within the "State and Tribal Assistance Grants'' account; $5,000,000 shall be rescinded from unobligated Diesel Emissions Reduction Act balances within the "State and Tribal Assistance Grants'' account; $20,000,000 shall be rescinded from unobligated categorical grant balances within the "State and Tribal Assistance Grants'' account; and $10,000,000 shall be rescinded from unobligated Clean Water State Revolving Funds balances within the "State and Tribal Assistance Grants'' account: Provided further, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.]

[For fiscal year 2012 and each fiscal year thereafter, the requirements of section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372) shall apply to the construction of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized by title VI of that Act (33 U.S.C. 1381 et seq.), or with assistance made available under section 205(m) of that Act (33 U.S.C. 1285(m)), or both.For fiscal year 2012 and each fiscal year thereafter, the requirements of section 1450(e) of the Safe Drinking Water Act (42 U.S.C. 300j-9(e)) shall apply to any construction project carried out in whole or in part with assistance made available by a drinking water treatment revolving loan fund as authorized by section 1452 of that Act (42 U.S.C. 300j-12).]

Under terms established by the Administrator, and in addition to funds otherwise available in other appropriation accounts for specific grant programs, the Agency may expend funds appropriated in the Environmental Program and Management account for competitive grants to communities to implement Community Action for a Renewed Environment (CARE) projects.

From unobligated balances available to carry out projects and activities funded through the State and Tribal Assistance Grants account, $30,000,000 are hereby permanently cancelled: Provided, That no amounts may be cancelled from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities provided that the cost does not exceed $150,000 per project.

The fourth paragraph under the heading Administrative Provisions of title II of Public Law 109–54, as amended by the fifth paragraph under such heading of title II of division E of Public Law 111–8 and the third paragraph under such heading of the title II of Public Law 111–88, is further amended by striking "up to thirty persons at any one time" and inserting "persons".

Notwithstanding section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604), the Administrator may authorize the expenditure or transfer of up to $10,000,000 from any appropriation in this title, in addition to the amounts included in the "Inland Oil Spill Programs'' account, for removal activities related to actual oil spills [5 days after notifying the House and Senate Committees on Appropriations of the intention to expend or transfer such funds]: Provided, That no funds shall be expended or transferred under this authority until the Administrator determines that amounts made available for expenditure in the "Inland Oil Spill Programs'' account will be exhausted within 30 days: Provided further, That such funds shall be replenished to the appropriation that was the source of the expenditure or transfer, following EPA's receipt of reimbursement from the Oil Spill Liability Trust Fund pursuant to the Oil Pollution Act of 1990.

(a) Schedule of Energy Star User fees. The Administrator of the Environmental Protection Agency may prescribe by regulation, for application in fiscal year 2014 and in subsequent fiscal years, a schedule of Energy Star fees for manufacturers of products that display the ENERGY STAR label. The regulation will ensure that the fee imposed on each manufacturer will approximate, as closely as possible, its proportional share of ENERGY STAR products program administration costs. The Administrator shall amend this regulation periodically so as to ensure that the schedule of fees covers such costs.

(b) Collection Procedures. The Administrator shall prescribe procedures to collect the fees.

(c) Collection, Deposit, and Use:

(1) there is hereby established in the Treasury of the United States an "Energy Star User Fee" account;

(2) fees collected under this section shall be deposited in the Energy Star User Fee account;

(3) such fees shall be collected and available for ENERGY STAR products program administration functions performed by the Agency in an amount and to the extent provided in advance in appropriations acts. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012.)

(in millions of dollars)