Oil Spill Response (PDF)[326]

Table of Contents – Oil Spill Response Resource Summary Table ............................................................................................................ 1 Program Projects in Oil Spills ..................................................................................................... 1 Civil Enforcement (Oil Spills)...................................................................................................... 2 Compliance Assistance and Centers (Oil Spills) ........................................................................ 4 Facilities Infrastructure and Operations (Oil Spills)................................................................. 6 IT / Data Management (Oil Spills) .............................................................................................. 8 Oil Spill: Prevention, Preparedness and Response (Oil Spills)............................................... 11 Research: Land Protection and Restoration (Oil Spills)........................................................ 13 Environmental Protection Agency FY 2006 Annual Performance Plan and Congressional Justification APPROPRIATION: Oil Spill Response Resource Summary Table FY 2004 Obligations Oil Spill Response Budget Authority / Obligations Total Workyears $17,455.1 89.0 FY 2005 Pres. Bud. $16,425.0 100.0 FY 2006 Request $15,863.0 99.2 FY 2006 Request v. FY 2005 Pres. Bud. ($562.0) -0.8 BILL LANGUAGE: OIL SPILL RESPONSE For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, [$16,000,000] $15,863,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. (Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 2005.) Program Projects in Oil Spills (Dollars in Thousands) Program Project Civil Enforcement Compliance Assistance and Centers Facilities Infrastructure and Operations IT / Data Management Oil Spill: Prevention, Preparedness and Response Research: Land Protection and Restoration FY 2004 Obligations $1,583.2 $251.6 $499.1 $36.7 $14,156.3 $928.2 FY 2005 Pres. Bud. $1,628.7 $276.6 $504.4 $32.8 $13,064.7 $917.8 FY 2006 Request $1,789.5 $286.5 $504.4 $32.8 $12,344.1 $905.7 FY 2006 Request v. FY 2005 Pres. Bud. $160.8 $9.9 $0.0 $0.0 ($720.6) ($12.1) OIL -1 Civil Enforcement Environmental Protection Agency FY 2006 Annual Performance Plan and Congressional Justification Goal: Land Preservation and Restoration Objective(s): Restore Land Total Request for Appropriation Oil Spills: $1,789.5 (Dollars in Thousands) Civil Enforcement (Oil Spills) (Dollars in Thousands) FY 2004 Obligations Environmental Program & Management $106,875.9 FY 2005 Pres. Bud. $113,406.6 FY 2006 Request $117,462.2 FY 2006 Request v. FY 2005 Pres. Bud. $4,055.6 Oil Spill Response Hazardous Substance Superfund Total Budget Authority / Obligations Total Workyears* $1,583.2 $131.4 $108,590.5 924.2 $1,628.7 $659.3 $115,694.6 952.7 $1,789.5 $883.2 $120,134.9 960.7 $160.8 $223.9 $4,440.3 8.0 *Agency Authorized FTE levels are being aligned with actual utilization. See overview section. Program Project Description The Compliance Assistance program is designed to prevent oil spills using civil enforcement and compliance assistance approaches, and to prepare for, and respond to, any oil spills affecting the inland waters of the United States. EPA's oil program has a long history of effective response to oil spills, including several major oil spills, and the lessons learned have helped to improve our country's prevention and response capabilities. This program was included in the Civil Enforcement PART review for 2006 which received an overall rating of Adequate; more information is included in the Special Analysis Section. For more information, visit: http://www.epa.gov/oilspill/prevent.htm. FY 2006 Activities and Performance Highlights Pursuant to Clean Water Act Section 311 (Oil Spill and Hazardous Substances) requirements, EPA’s Civil Enforcement program will develop policies; issue administrative cleanup orders and/or judicial actions for injunctive relief; assess civil penalties for violations of those orders or for spills into the environment; and assist in the recovery of cleanup costs expended by the government. In FY 2006 the program will also provide support for field investigations and inspections for spills, as well as Spill Control Countermeasure compliance assistance. OIL -2 FY 2006 Change from FY 2005 President's Budget (Dollars in Thousands) • There are increases for payroll and cost-of-living for existing FTE. Statutory Authority OPA; CWA; CERCLA; NEPA; Pollution Prosecution Act OIL -3 Compliance Assistance and Centers Environmental Protection Agency FY 2006 Annual Performance Plan and Congressional Justification Goal: Land Preservation and Restoration Objective(s): Restore Land Total Request for Appropriation Oil Spills: $286.5 (Dollars in Thousands) Compliance Assistance and Centers (Oil Spills) (Dollars in Thousands) FY 2004 Obligations Environmental Program & Management Leaking Underground Storage Tanks $27,177.2 $463.5 FY 2005 Pres. Bud. $28,574.5 $585.3 FY 2006 Request $29,097.1 $773.6 FY 2006 Request v. FY 2005 Pres. Bud. $522.6 $188.3 Oil Spill Response Hazardous Substance Superfund Total Budget Authority / Obligations Total Workyears* $251.6 $0.0 $27,892.3 204.3 $276.6 $26.6 $29,463.0 213.8 $286.5 $22.5 $30,179.7 212.4 $9.9 ($4.1) $716.7 -1.4 *Agency Authorized FTE levels are being aligned with actual utilization. See overview section. Program Project Description The Compliance Assistance program is designed to prevent oil spills using Compliance Assistance and Civil Enforcement tools and strategies, and to prepare for, and respond to, any oil spill affecting the inland waters of the United States. EPA's oil program has a long history of effective response to oil spills, including several major oil spills, and the lessons learned have helped to improve our country's prevention and response capabilities. This program was included in the Civil Enforcement PART review for 2006 which received an overall rating of Adequate; more information is included in the Special Analysis Section. For more information, visit: http://www.epa.gov/oilspill/prevent.htm. FY 2006 Activities and Performance Highlights Pursuant to the Clean Water Act Section 311 (oil spill and hazardous substances) requirements, in FY 2006 the Agency will continue to provide regulated entities with support through the Compliance Assistance Centers program, to assist them in understanding their legal requirements under the Clean Water Act, and to provide them with cost effective compliance strategies to help prevent oil spills. OIL -4 FY 2006 Change from FY 2005 President's Budget (Dollars in Thousands) • There are additional increases for payroll and cost-of-living for existing FTE. Statutory Authority OPA; CWA; CERCLA; PPA; NEPA; PHSA; DREAA; SDWA; Executive Order 12241; Executive Order 12656 OIL -5 Facilities Infrastructure and Operations Environmental Protection Agency FY 2006 Annual Performance Plan and Congressional Justification Goal: Provide Agency-wide support for multiple goals to achieve their objectives. This support involves Agency-wide activities primarily provided by EPA's six (6) support offices - the Office of Administration and Resources Management (OARM), Office of the Chief Financial Officer (OCFO), Office of Environmental Information (OEI), Office of General Counsel (OGC), Office of the Administrator (OA), and the Office of Inspector General (OIG). Total Request for Appropriation Oil Spills: $504.4 (Dollars in Thousands) Facilities Infrastructure and Operations (Oil Spills) (Dollars in Thousands) FY 2004 Obligations Environmental Program & Management Science & Technology Building and Facilities Leaking Underground Storage Tanks $299,417.3 $9,331.4 $31,382.3 $862.1 FY 2005 Pres. Bud. $326,793.8 $8,715.8 $31,418.0 $883.9 FY 2006 Request $358,045.6 $8,715.8 $28,718.0 $883.9 FY 2006 Request v. FY 2005 Pres. Bud. $31,251.8 $0.0 ($2,700.0) $0.0 Oil Spill Response Hazardous Substance Superfund Total Budget Authority / Obligations Total Workyears* $499.1 $62,299.2 $403,791.4 355.2 $504.4 $70,981.9 $439,297.8 441.8 $504.4 $72,725.9 $469,593.6 438.6 $0.0 $1,744.0 $30,295.8 -3.2 *Agency Authorized FTE levels are being aligned with actual utilization. See overview section. Program Project Description Oil spill account resources in the Facilities Infrastructure and Operations program are used to manage activities and support services in many centralized administrative areas such as health and safety, environmental compliance, occupational health, medical monitoring, fitness/wellness and safety, and environmental management functions at EPA. Resources for this program also support a full range of ongoing facilities management services including: facilities maintenance and operations; Headquarters security; space planning; shipping and receiving; property management; printing and reproduction; mail management; and transportation services. FY 2006 Activities and Performance Highlights EPA will provide transit subsidy to eligible applicants as directed by Executive Order (EO) 131501 “Federal Workforce Transportation.” 1 Additional information available at http://ceq.eh.doe.gov/nepa/regs/eos/eo13150.html OIL -6 The Agency will continue to manage its lease agreements with GSA and other private landlords by conducting rent reviews and verifying monthly statements to ensure the charges are correct. FY 2006 Change from FY 2005 President’s Budget (Dollars in Thousands) • No change in funding. Statutory Authority Federal Property and Administration Services Act; Public Building Act; annual Appropriations Act; Comprehensive Environmental Response, Cleanup and Liability Act; Clean Water Act; Clean Air Act; D.C. Recycling Act of 1988; Executive Orders 10577 and 12598; Department of Justice United States Marshals Service, Vulnerability Assessment of Federal Facilities Report; Presidential Decision Directive 63 (Critical Infrastructure Protection) OIL -7 IT / Data Management Environmental Protection Agency FY 2006 Annual Performance Plan and Congressional Justification Goal: Provide Agency-wide support for multiple goals to achieve their objectives. This support involves Agency-wide activities primarily provided by EPA's six (6) support offices - the Office of Administration and Resources Management (OARM), Office of the Chief Financial Officer (OCFO), Office of Environmental Information (OEI), Office of General Counsel (OGC), Office of the Administrator (OA), and the Office of Inspector General (OIG). Total Request for Appropriation Oil Spills: $32.8 (Dollars in Thousands) IT / Data Management (Oil Spills) (Dollars in Thousands) FY 2004 Obligations Environmental Program & Management Science & Technology Leaking Underground Storage Tanks $101,091.2 $4,611.0 $109.3 FY 2005 Pres. Bud. $108,359.4 $4,821.4 $177.6 FY 2006 Request $105,999.0 $4,250.9 $177.6 FY 2006 Request v. FY 2005 Pres. Bud. ($2,360.4) ($570.5) $0.0 Oil Spill Response Hazardous Substance Superfund Total Budget Authority / Obligations Total Workyears* $36.7 $16,886.3 $122,734.5 577.0 $32.8 $16,628.4 $130,019.6 467.0 $32.8 $16,113.2 $126,573.5 457.8 $0.0 ($515.2) ($3,446.1) -9.2 *Agency Authorized FTE levels are being aligned with actual utilization. See overview section. Program Project Description This program manages and coordinates the Agency’s Enterprise Architecture and develops analytical tools (e.g., Environmental Indicators) to ensure sound environmental decision-making. The program: implements the Agency’s e-Government responsibilities; designs, develops and manages the Agency’s Internet and Intranet resources including the Integrated Portal; supports the development, collection, management, and analysis of environmental data (to include both point source and ambient data) to manage statutory programs and to support the Agency in strategic planning at the national, program, and regional levels; provides a secure, reliable, and capable information infrastructure based on a sound enterprise architecture which includes data standardization, integration, and public access; manages the Agency’s Quality System ensuring EPA’s processes and data are of quality and adhere to Federal guidelines, and, supports Regional information technology infrastructure, administrative and environmental programs, and telecommunications. These functions are integral to the implementation of Agency information technology programs and systems like the Exchange Network, the Central Data Exchange (CDX) and Permit Compliance System (PCS). Agency Offices rely on the IT/Data Management program and its capabilities to develop and implement tools for ready access to accurate and timely data. Recent partnerships include portals projects with the Offices of Research and Development and Air and Radiation to access scientific and program data. OIL -8 FY 2006 Activities and Performance Highlights EPA’s Information Technology community’s FY 2006 activities focus on the Agency’s Technology Initiative and fulfilling the Agency’s e-Government (e-Gov) commitments. The Agency’s IT/Data Management program forms the core of this effort with its focus on building and implementing the Agency’s Integrated Portal and Enterprise Content Management System (ECMS), developing of Environmental Indicators, and continuing to deploy enterprise-wide IT infrastructure solutions. The Agency’s Technology Initiative builds on efforts started in FY 2004 and FY 2005 to enhance environmental analytical capacity for EPA, its partners and stakeholders. The Initiative is designed with the understanding that the majority of environmental data are collected by states and Tribes, not directly by EPA and that ready access to real time quality environmental data and analytical tools are essential to making sound environmental decisions. Understanding these factors focused EPA’s FY 2006 Technology Initiative on five related and supporting activities: Analytical Capacity Integrated Portal EPA Infrastructure: “Readiness to Serve” State Stakeholder Infrastructure: Infrastructure: Infrastructure: Exchange “ECM” Network 9 Building the Agency’s analytical capacity to facilitate sound environmental decisionmaking and address critical data gaps; 9 Developing a central integrated portal to manage the flow of information to and from the Agency; 9 Providing more effective, secure, and integrated information exchange through the environmental exchange network with our state partners; 9 Streamlining, securing, and technically advancing the infrastructure through enterprisewide solutions across EPA; and, 9 Implementing a central content management system that provides ready access to documents and data. EPA’s Environmental Information Exchange Network Program (Exchange Network, www.epa.gov/cdx), the Electronic Content Management System (ECMS) and EPA’s ‘Readiness to Serve’ enterprise-wide IT infrastructure solutions provide the foundation for states, Tribes, the public, regulated community and EPA for improved information and data access and sharing opportunities. The Integrated Portal manages a variety of environmental information allowing increased data availability, better data quality and accuracy, security of sensitive data, and prevents data redundancy. Finally, with proven infrastructures and increased data access, EPA, its partners and stakeholders can conduct better data analyses to answer environmental questions. Together these efforts increase efficiency, security, and flexibility, for people as they access, exchange, and integrate nationally standardized local, Regional, and national environmental and public health data. The streamlined information systems, improved readily available data, central information collection and reporting, and reduced information gaps will enhance analytical OIL -9 capacity, provide more efficient business practices, and promote more comprehensive environmental understanding. In FY 2006 the IT/Data Management Oil Spill resources continue to support EPA’s ‘Readiness to Serve’ infrastructure program. This program delivers secure information services to ensure that the Agency and its programs have a full range of information technology infrastructure components (e.g., user equipment, network connectivity, e-mail, application hosting, remote access) that make information accessible across the spectrum of mission needs at all locations. The program uses performance-based, outsourced services to obtain the best solutions (value for cost) for the range of program needs. This includes innovative multi-year leasing that sustains and renews technical services in a least-cost, stable manner as technology changes over time (e.g., desktop hardware, software and maintenance). FY 2006 Change from FY 2005 President's Budget (Dollars in Thousands) • No change in funding. Statutory Authority Federal Advisory Committee Act; Government Information Security Reform Action; CERCLA; Clean Air Act and amendments; Clean Water Act and amendments; Environmental Research, Development, and Demonstration Act; Toxic Substance Control Act; Federal Insecticide, Fungicide, and Rodenticide Act; Food Quality Protection Act; Safe Drinking Water Act and amendments; Federal Food, Drug and Cosmetic Act; Emergency Planning and Community Right-to-Know; Resource Conservation and Recovery Act; Superfund Amendments and Reauthorization Act; Government Performance and Results Act; Government Management Reform Act; Clinger-Cohen Act; Paperwork Reduction Act; Freedom of Information Act; Computer Security Act; Privacy Act; Electronic Freedom of Information Act OIL -10 Oil Spill: Prevention, Preparedness and Response Environmental Protection Agency FY 2006 Annual Performance Plan and Congressional Justification Goal: Land Preservation and Restoration Objective(s): Restore Land Total Request for Appropriation Oil Spills: $12,344.1 (Dollars in Thousands) Oil Spill: Prevention, Preparedness and Response (Oil Spills) (Dollars in Thousands) FY 2004 Obligations Oil Spill Response Total Budget Authority / Obligations Total Workyears* FY 2005 Pres. Bud. $13,064.7 $13,064.7 83.3 FY 2006 Request $12,344.1 $12,344.1 82.5 FY 2006 Request v. FY 2005 Pres. Bud. ($720.6) ($720.6) -0.8 $14,156.3 $14,156.3 79.7 *Agency Authorized FTE levels are being aligned with actual utilization. See overview section. Program Project Description The Oil program protects U.S. waters by effectively preventing, preparing for, responding to and/or monitoring oil spills. EPA conducts oil spill prevention, preparedness, and enforcement activities associated with the over half million non-transportation-related oil storage facilities that EPA regulates through its spill prevention program. The Spill Prevention, Control and Countermeasures (SPCC) regulation and the Facility Response Plan (FRP) regulations establish EPA’s oil program regulatory framework. In addition to its prevention responsibilities, EPA serves as the lead responder for the inland zone for all spills, including transportation-related spills from pipeline, trucks, and other transportation systems. EPA accesses the Oil Spill Liability Trust Fund, administered by the U.S. Coast Guard, to obtain reimbursement for site specific spill response activities. Over 24,000 oil spills occur in the U.S. every year, with half of these spills to the inland zone over which EPA has jurisdiction. On average, one spill of greater than 100,000 gallons occurs every month from EPA-regulated oil storage facilities and the inland oil transportation network. FY 2006 Activities and Performance Highlights EPA is currently developing program guidance to clarify expectations for EPA’s inspectors and to communicate the flexibility in the SPCC rule that can be used by facility owners to address issues of major concern. In FY 2006, EPA intends to propose additional regulatory changes to simplify compliance requirements for smaller facilities, including small businesses, and to clarify the rule’s requirements for oil-filled and processing equipment. Substantial supporting work, including data gathering activities, is planned for FY 2005 leading up to a series of proposed rulemakings anticipated to occur in FY 2005 and 2006. OIL -11 The largest oil storage facilities and refineries must prepare Facility Response Plans (FRPs) to identify response resources and ensure their availability in the event of a worst case discharge. FRPs establish communication, address security, identify an individual with authority to implement removal actions, and describe training and testing drills at the facility. In FY 2006, EPA will continue to review/approve FRPs and conduct inspections at FRP facilities. EPA will emphasize emergency preparedness, particularly through the use of unannounced drills and exercises, to ensure facilities and responders can effectively implement response plans. Working with area committees (state, local and Federal officials in a given geographic location), EPA will enhance the existing National Preparedness for Response Exercise Program (PREP) by strengthening area and regional contingency plans (ACPs, RCPs). The ACPs detail the responsibilities of various parties in the event of a spill/release; describe unique geographical features, sensitive ecological resources, and drinking water intakes for the area covered, and identify available response equipment and its location. EPA conducts a small number of ACP exercises each year to evaluate and strengthen the plans. FY 2006 Change from FY 2005 President’s Budget (Dollars in Thousands) • (-$720.6) This reduction applies to prevention activities at regulated facilities such as the Federal Response Plan regulations. This decrease will not affect the oil spill response part of the program. The reduction reflects a redirection toward higher priorities. Statutory Authority Federal Water Pollution Control Act as amended by the Oil Pollution Act (OPA) of 1990. The regulatory framework includes the Oil and Hazardous Substances National Contingency Plan (NCP) (40 CFR Part 300) and the Oil Pollution Prevention regulation (40 CFR Part 112) which covers the SPCC, and FRP program requirements OIL -12 Research: Land Protection and Restoration Environmental Protection Agency FY 2006 Annual Performance Plan and Congressional Justification Goal: Land Preservation and Restoration Objective(s): Enhance Science and Research Total Request for Appropriation Oil Spills: $905.7 (Dollars in Thousands) Research: Land Protection and Restoration (Oil Spills) (Dollars in Thousands) FY 2004 Obligations Science & Technology Leaking Underground Storage Tanks $10,230.3 $627.1 FY 2005 Pres. Bud. $8,841.9 $628.5 FY 2006 Request $13,696.5 $646.2 FY 2006 Request v. FY 2005 Pres. Bud. $4,854.6 $17.7 Oil Spill Response Hazardous Substance Superfund Total Budget Authority / Obligations Total Workyears* $928.2 $32,264.8 $44,050.4 142.4 $917.8 $22,671.1 $33,059.3 136.8 $905.7 $23,098.7 $38,347.1 135.6 ($12.1) $427.6 $5,287.8 -1.2 *Agency Authorized FTE levels are being aligned with actual utilization. See overview section. Program Project Description Land protection research in the oil spills area consists of three aspects: test protocol development, fate and transport modeling, and remediation. EPA develops and uses protocols for testing various spill response product classes to pre-qualify products as required by the preparedness and response requirements of the Oil Pollution Act of 1990. Specific human health risk and exposure assessments and methods and site specific risk characterizations are discussed and conducted under the Superfund Human Health Risk Assessment Program- Project. FY 2006 Activities and Performance Highlights Oil spill model development will include linkage of the model to uncertainty analysis tools. Ongoing development activities include incorporation of exposure simulation with various modeled response actions. Remediation research continues on physical, chemical, and biological risk management methods for petroleum and non-petroleum oils spilled to freshwater and marine environments. FY 2006 Change from FY 2005 President's Budget (Dollars in Thousands) • There are increases for payroll and cost of living for existing FTE. Statutory Authority SWDA; HSWA; SARA; CERCLA; RCRA; OPA; BRERA OIL -13 Index – Oil Spill Response Civil Enforcement ............................... 1, 2, 4 Compliance Assistance and Centers ....... 1, 4 Exchange Network.................................. 8, 9 Facilities Infrastructure and Operations.. 1, 6 Human Health Risk Assessment ............... 13 Information Security ................................. 10 IT / Data Management ............................ 1, 8 Oil Spill: Prevention, Preparedness and Response ........................................... 1, 11 Research: Land Protection and Restoration1, 13