OFFICE
OF BROWNFIELDS CLEANUP AND REDEVELOPMENT, OFFICE OF SOLID WASTE
AND EMERGENCY RESPONSE, ENVIRONMENTAL PROTECTION AGENCY
AUTHORIZATION:
Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
of 1980, as amended, Sections 101(39) and 104(k), 42 U.S.C. 9601(39)
and 9604(k).
Brownfield
sites are real property, the expansion, redevelopment, or reuse
of which may be complicated by the presence or potential presence
of a hazardous substance, pollutant, or contaminant. The objectives
of the brownfield assessment and cleanup cooperative agreements
are to provide funding: (1) to inventory, characterize, assess,
and conduct planning and community involvement related to brownfield
sites; (2) to capitalize a revolving loan fund (RLF) and provide
subgrants to carry out cleanup activities at brownfield sites; and
(3) to carry out cleanup activities at brownfield sites that are
owned by the grant recipient. Annual Funding Priorities: By statute,
25 percent of the funding for this program must be used for characterization,
assessment, and remediation of Brownfields sites contaminated by
petroleum or petroleum products. The Agency must also give preference
to the ten statutory ranking criteria found at CERCLA 104(k)(5)(C)
In FY 2003, EPA expects to make up to 200 grant awards, contingent
upon the availability of funds.
TYPES
OF ASSISTANCE:
Project Grants. Place Cursor Here for Definition
USES
AND USE RESTRICTIONS:
For site specific projects,
the site must meet the definition of a brownfields site found at
CERCLA 101(39). As part of the application process, EPA provides
guidance to assist grant applicants in determining whether sites
meet this definition. (1) The brownfields grants may be used to
address sites contaminated by petroleum and hazardous substances,
pollutants, or contaminants (including hazardous substances co-mingled
with petroleum); (2) Brownfields assessment grant funds may be used
to inventory, characterize, assess, and conduct planning and community
involvement related to brownfield sites; (3) an RLF grant recipient
must use at least 60 percent of the awarded funds to capitalize
a revolving loan fund; an RLF grant recipient may use no more than
40 percent of the awarded funds for cleanup subgrants. Revolving
loan funds generally are used to provide no-interest or low-interest
loans for brownfields cleanups; (4) an RLF grant recipient also
may use its funds to award subgrants to other eligible entities,
including nonprofit organizations, for brownfields cleanups on sites
owned by the subgrantee; (5) Brownfields cleanup grant funds may
be used to carry out cleanup activities at brownfield sites that
are owned by the grant recipient; and (6) costs incurred under CERCLA
104(k) grants or cooperative agreements may not be used for an administrative
cost, penalty or fine, a Federal cost-share requirement, a response
cost for which the recipient of the grant or cooperative agreement
is potentially liable under CERCLA 107, or the cost of complying
with a Federal law, with the exception of the costs of laws applicable
to cleanup of Brownfields sites.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility:
Eligibility for Assessment, Revolving Loan Fund, and Cleanup Grants:
a general purpose unit of local government; a land clearance authority
or other quasi-governmental entity that operates under the supervision
and control of, or as an agent of, a general purpose unit of local
government; a government entity created by a State legislature;
a regional council or group of general purpose units of local government;
a redevelopment agency that is chartered or otherwise sanctioned
by a State; a State; an Indian Tribe other than in Alaska; an Alaska
Native Regional Corporation, Alaska Native Village Corporation and
the Metlakatla Indian Community. Nonprofit organizations that own
the property are also eligible for cleanup grants. Nonprofit organizations
must meet the definition of that term in Section 4(6) of the Federal
Financial Assistance Management Improvement Act of 1999, Public
Law 96-107, 31 U.S.C. 6101 Note. Under this definition, colleges,
universities, and community colleges are eligible to apply. However,
nonprofit organizations described in Section 501(c)(4) of the Internal
Revenue Code that engage in lobbying activities as defined in Section
3 of the Lobbying Disclosure Act of 1995 are not eligible to apply.
For profit organizations are not eligible to apply for direct funding
from EPA. However, for profit organizations may apply for loans
made by eligible entities with RLF capitalization grants.
Beneficiary Eligibility:
Generally, those eligible entities identified above will benefit
from the brownfields grant actions. Specifically, residents and
commercial organizations in brownfields grant communities will
benefit from brownfields asssessment, cleanup, and revitalization
funding. New strategies for promoting environmental cleanup lessons
from these grants will provide a growing base of information and
knowledge for other communities across the country seeking partnerships
with stakeholders to coordinate issues related to brownfields
and leverage additional opportunities for redevelopment.
Credentials/Documentation:
EPA may require that nonprofit organizations or eligible entities
other than states, tribes, or general purpose units of local government
provide documentation of eligibility. EPA may also require that
applicants provide site specific information to determine whether
a site qualifies as a Brownfields site under CERCLA 101(39).
Pre-application
Coordination: This is a competitive grant program.
EPA will specify the nature of the preapplication assistance, if
any, that will be available to applicants from EPA Regional Offices
in the Request for Initial Proposals or Request for Applications.
For EPA Regional Office contacts, see Appendix IV of the Catalog.
The Brownfield assessment and cleanup grants are eligible for coverage
under Executive Order 12372, "Intergovernmental Review of Federal
Programs." An applicant should consult the office or officials designated
as the single point of contact (SPOC) in his or her State for more
information on the State's review process, and to determine if the
State has selected the program for review. See Appendix 1 for additional
information regarding SPOCs. If there is no single point of contact
for the state, or the State has not selected this program for review,
applicants must contact directly affected State area-wide regional
and local entities prior to award. (See 40 CFR 29.7(b)).
Application Procedure:
This is a competitive grant program. EPA guidelines for Requests
for Initial Proposals or Requests for Applications will specify
application procedures. For EPA Regional Office contacts, see
Appendix IV of the Catalog. The standard application forms as
furnished by the Federal agency and required by OMB Circular No.
A-102 and A-110 must be used for this program. EPA requires final
applications to be made on Standard Form 424. Requests for application
kits must be submitted to the Environmental Protection Agency,
Grants Administration Division, 3903R, Washington, DC 20460 or
through the appropriate EPA Regional Office listed in Appendix
IV of the Catalog.
Award Procedure:
This is a competitive grant program. EPA guidelines for Requests
for Initial Proposals or Requests for Applications will specify
award procedures. For EPA Regional Office contacts, see Appendix
IV of the Catalog.
Deadlines:
EPA guidelines for Requests for Initial Proposals or Requests
for Applications will specify application deadlines.
Range of Approval/Disapproval
Time: Approximately 180 days.
Appeals:
As described in 40 CFR Part 31, Subpart F and CFR Part 30.
Renewals:
Recipients of RLF grants may apply for additional funding on a
non competitive basis during any year after the first year the
recipient receives an RLF grant. In awarding this additional funding
the Agency will consider: (I) the number of sites and number of
communities that are addressed by the revolving loan fund; (II)
the demand for funding by eligible entities that have not previously
received an RLF grant; (III) the demonstrated ability of the eligible
entity to use the revolving loan fund to enhance remediation and
provide funds on a continuing basis; and (IV) Other similar factors,
including the availability of funds and the recipient's performance
history.
ASSISTANCE CONSIDERATIONS:
Formula and Matching
Requirements: Not applicable for brownfield
assessment grants. Under CERCLA 104(k)(9)(B)(iii) revolving loan
fund and cleanup grants require a 20 percent cost share, which may
be in the form of a contribution of money, labor, material, or services,
and must be for eligible and allowable costs. An RLF or cleanup
grant applicant may request a waiver of the 20 percent cost share
requirement based on financial hardship.
Length and Time Phasing
of Assistance: The performance period for
brownfields assessment and cleanup grant funds is generally two
years. The performance period for brownfields revolving loan fund
grants is generally five years.
POST ASSISTANCE REQUIREMENTS:
Reports:
Quarterly progress reports, notification of significant development,
property inventory reports, procurement reports, and financial reports
may be required if authorized by 40 CFR Parts 31 and 40 CFR Part
30.
Audits:
In accordance with the provisions of OMB circular No. A- 133 (Revised,
June 24, 1997), States, Local Governments, and Non-Profit Organizations,
nonfederal entities that expend financial assistance of $300,000
or more in Federal awards will have a single or a program- specific
audit conducted for that year. Nonfederal entities that expend
less than $300,000 a year in Federal awards are exempt from Federal
audit requirements for that year, except as noted in Circular
No. A- 133."
Records:
Record Retention Requirements of 40 CFR Part 31 and 40 CFR Part
30 are applicable, depending upon the identity of the recipient
and the program funded.
FINANCIAL INFORMATION:
Account Identification:
68-0103-0-1-304.
Obligations:
(Grants) FY 02 not available; FY 03 est not available; and FY
04 est $100,000,000.
Range
and Average of Financial Assistance:
(1) For assessment grants, an eligible entity may apply for up
to $200,000 to address sites contaminated by hazardous substances,
pollutants, or contaminants (including hazardous substances co-mingled
with petroleum) and up to $200,000 to address sites contaminated
by petroleum. Applicants may request a waiver of the $200,000
limit up to $350,000 for sites contaminated by hazardous substances,
pollutants, or contaminants (including hazardous substances co-mingled
with petroleum) and up to $350,000 to address sites contaminated
by petroleum. Waiver requests must be based on the anticipated
level of contamination, size, or ownership status of the site.
These limits are mandatory under CERCLA 104(k)(4)(A); (2) for
revolving loan fund grants, an eligible entity may apply for up
to $1,000,000 for an initial RLF grant. This limit is mandatory
under CERCLA 104(k)(4)(A). Please see Renewals, above, for information
on additional funding of RLF grants in future years; and (3) for
cleanup grants, an eligible entity may apply for up to $200,000
per site. The $200,000 per site limit is mandatory under CERCLA
104(k)(3)(A). In Fiscal Year 2003, EPA anticipates limiting assessment
funding to $400,000 per eligible entity unless a statutory waiver
of the $200,000 per site limit is granted. The maximum amount
of assessment funding available per applicant if waivers are granted
is anticipated to be $700,000 per eligible entity. The Agency
anticipates limiting the number of applications that it will consider
for cleanup grants to five sites per eligible applicant. RLF applicants
may apply for the full $1 million authorized by statute. Coalitions
of eligible entities may apply together under one recipient for
up to $1,000,000 per eligible entity.
This grant program replaces
CFDA 66.811. Prior to brownfields legislation, EPA announced 437
brownfields assessment grants and 143 brownfields cleanup revolving
loan fund grants.
REGULATIONS, GUIDELINES, AND
LITERATURE:
For brownfields assessment,
revolving loan fund, and cleanup grants, costs will be determined
in accordance with OMB Circular No. A-87 for State, tribal, and
local governments or A-122 for nonprofit organizations, and OMB
Circular A-21 for universities. Recipients must comply with 40 CFR
Part 30 (nonprofit organizations) or 40 CFR Part 31(governmental
entities). The Agency will periodically publish guidance for brownfields
grant proposals.
INFORMATION CONTACTS:
Regional or Local
Office: EPA Regional Brownfields Coordinators.
Headquarters Office:
Linda Garczynski, Director, Office of Brownfields Cleanup and
Redevelopment, OSWER, EPA, Washington, DC 20460. Telephone: (202)
566-2777.
Web Site Address: http://www.epa.gov/brownfields
EXAMPLES OF FUNDED PROJECTS:
This grant program replaces
CFDA 66.811 which was in effect prior to the passage of the Brownfields
legislation. Prior to legislation, EPA funded grants for developing
inventory of Brownfields sites; site assessment and site characterization;
coordination of response and reuse group meetings; establishment
of community involvement, public participation, environmental justice
components of a response plan; development of communication strategies
for conveyance of technical information to communities; and establishment
of revolving loan funds for cleanup.
CRITERIA FOR SELECTING PROPOSALS:
This is a competitive
grant program. Selection criteria will be outlined in the proposal
guidelines and will be based on a system that includes the following
ten statutory ranking criteria: (i) The extent to which a grant
will stimulate the availability of other funds for environmental
assessment or remediation, and subsequent reuse, of an area in which
one or more brownfield sites are located; (ii) the potential of
the proposed project or the development plan for an area in which
one or more brownfield sites are located to stimulate economic development
of the area on completion of the cleanup; (iii) the extent to which
a grant would address or facilitate the identification and reduction
of threats to human health and the environment, including threats
in areas in which there is a greater-than-normal incidence of diseases
or conditions (including cancer, asthma, or birth defects) that
may be associated with exposure to hazardous substances, pollutants,
or contaminants; (iv) the extent to which a grant would facilitate
the use or reuse of existing infrastructure; (v) the extent to which
a grant would facilitate the creation of, preservation of, or addition
to a park, a greenway, undeveloped property, recreational property,
or other property used for nonprofit purposes; (vi) the extent to
which a grant would meet the needs of a community that has an inability
to draw on other sources of funding for environmental remediation
and subsequent redevelopment of the area in which a brownfield site
is located because of the small population or low income of the
community; (vii) the extent to which the applicant is eligible for
funding from other sources; (viii) the extent to which a grant will
further the fair distribution of funding between urban and nonurban
areas; (ix) the extent to which the grant provides for involvement
of the local community in the process of making decisions relating
to cleanup and future use of a brownfield site; and (x) the extent
to which a grant would address or facilitate the identification
and reduction of threats to the health or welfare of children, pregnant
women, minority or low-income communities, or other sensitive populations.
In addition, applicants will be required to demonstrate that site
specific activities are carried out at sites that meet the definition
of a Brownfields site at CERCLA 101(39).
