Brownfields Assessment and Cleanup Cooperative Agreements (66.818)
Program
66.818 Brownfields Assessment and Cleanup Cooperative Agreements
Federal Agency
Agency: Environmental Protection Agency
Office: Office of Solid Waste and Emergency Response
Authorization
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended , 42 U.S.C 9601(39)&9604k; The Small Business Liability Relief and Brownfields Revitalization Act of 2002, Public Law 107-118; American Recovery and Reinvestment Act of 2009.
Program Number
66.818
Last Known Status
Active
Objectives
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, revolving loan fund and cleanup cooperative agreements (project grants) 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. Funding Priority - Fiscal Year 2009: By statute, 25 percent of the funding for this program must be used for characterization, assessment, and cleanup of Brownfields sites contaminated by petroleum or petroleum products. The Agency must also give preference to statutory ranking criteria found at CERCLA 104(k)(5)(C) (see :180 CRITERIA FOR SELECTING PROPOSALS) when evaluating applications for funding. For FY09 only, a limited number of grants will be awarded with American Recovery and Reinvestment Act funding.
Types of Assistance
Cooperative Agreements
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 project grant recipient must use at least 60 percent of the awarded funds to capitalize and implement a revolving loan fund; an RLF project grant recipient may use no more than 40 percent of the awarded funds for cleanup subgrants and may not subgrant to itself. Revolving loan fund project grants generally are used to provide no-interest or low-interest loans for brownfields cleanups. (4) An RLF project grant recipient 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 must be used to carry out cleanup activities at brownfield sites that are owned by the grant recipient. (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. (7) Funds made available by the Recovery Act are prohibited from uses relating to casinos and other gambling establishments, aquariums, zooz, golf courses, or swimming pools. All grants under 66.818 are awarded on a discretionary basis. For information on statutory limits on the amount of funding, see :123 Range and Average of Financial Assistance, below. Assistance agreement awards under this program may involve or relate to geospatial information. Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov.
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. For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.
Beneficiary Eligibility
Generally, those eligible entities identified above will benefit from the brownfields grant actions. Specifically, individuals and commercial organizations in brownfields grant communities will benefit from brownfields assessment, 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). OMB Circular No. A-87 applies to this program.
Application and Award Process
Preapplication Coordination
Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement. For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. Environmental impact information is not required for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.
Application Procedure
OMB Circular No. A-102 applies to this program. OMB Circular No. A-110 applies to this program. This is a competitive grant program. EPA guidelines for Requests for 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 and Interagency Agreements Management Division, 3903R, Washington, DC 20460 or through the appropriate EPA Regional Office listed in Appendix IV of the Catalog. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA.
Award Procedure
This is a competitive grant program. EPA guidelines for Requests for Proposals or Requests for Applications will specify award procedures. For EPA Regional Office contacts, see Appendix IV of the Catalog. For competitive awards, EPA will review and evaluate applications, proposals, and/or submissions in accordance with the terms, conditions, and criteria stated in the competitive announcement. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements. For the Recovery Act funding, EPA will award spearate cooperative agreements. To expedite the award of ARRA cooperative agreements, awards may be made on partial workplans. In these cases, the award must include a condition requiring submission of a full workplan within a specified time period.
Deadlines
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time
Approximately 180 days.
Appeals
Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable.
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. To seek additional funding, RLF grant recipients should contact their EPA Regional Office. 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. Recipients of assessment and cleanup grants generally do not receive additional funding on a non-competitive basis.
Assistance Considerations
Formula and Matching Requirements
This program has no statutory formula.
Matching Requirements: This program has no statutory formula. Matching requirements are 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. In fiscal year 2009 only, the 20 percent cost share requirement is waived for cleanup and revolving loan fund grants receiving funding under the American Recovery and Reinvestment Act (ARRA).
This program does not have MOE requirements.
Length and Time Phasing of Assistance
The performance period for brownfields assessment and cleanup grant funds is three years. The performance period for brownfields revolving loan fund grants is generally five years. Grants are generally announced nationally and awarded by EPA Regional Offices. The Regional Offices work with the applicants to negotiate a workplan and award the cooperative agreement. Method of awarding/releasing assistance: lump sum.
Post Assistance Requirements
Reports
No program reports are required. No cash reports are required. Quarterly progress reports, property profiles, notification of significant development, property inventory reports, procurement reports, a final report and financial reports may be required if authorized by 40 CFR Parts 30 and 31. No expenditure reports are required. Performance monitoring is in accordance with the terms and conditions of the cooperative agreement.
Audits
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend $500,000 or more in a year in Federal awards shall have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular No. A-133.
Records
Record Retention Requirements of 40 CFR Part 30 (non-profits and universities) and 40 CFR Part 31 (governmental units) are applicable, depending upon the identity of the recipient and the program funded.
Program Accomplishments
Fiscal Year 2008: This grant program replaced CFDA 66.811 in FY2003. EPA's brownfields assistance has led to more than $12.9 billion in public and private investment in cleanup and redevelopment, helped create more than 53,000 jobs, and resulted in the assessment of more than 13,000 properties and the cleanup of more than 300 properties. In Fiscal Year 2009, EPA announced 389 grants, totaling $111.9 million in combined Recovery Act and Brownfields general funding. These included: a.) 104 assessment grants at $25.8 million Recovery Act funding and 149 assessment grants at $41 million general program funding, to assess and plan for eventual cleanup at one or more brownfield sites; b.) 39 cleanup grants totaling $7.5 million Recovery Act funding and 77 cleanup grants at $15 million general program funding, for recipients to clean up brownfield sites they own; and c.) 3 revolving loan fund grants totaling $4 million Recovery Act funding and 17 rlf grants at $18.6 million general program funding, which communities use to make low interest loans for the cleanup of brownfield sites. Fiscal Year 2009: This grant program replaced CFDA 66.811 in FY2003. EPA's brownfields assistance has led to more than $12.9 billion in public and private investment in cleanup and redevelopment, helped create more than 53,000 jobs, and resulted in the assessment of more than 13,000 properties and the cleanup of more than 300 properties. In Fiscal Year 2009, EPA announced 389 grants, totaling $111.9 million in combined Recovery Act and Brownfields general funding. These included: a.) 104 assessment grants at $25.8 million Recovery Act funding and 149 assessment grants at $41 million general program funding, to assess and plan for eventual cleanup at one or more brownfield sites; b.) 39 cleanup grants totaling $7.5 million Recovery Act funding and 77 cleanup grants at $15 million general program funding, for recipients to clean up brownfield sites they own; and c.) 3 revolving loan fund grants totaling $4 million Recovery Act funding and 17 rlf grants at $18.6 million general program funding, which communities use to make low interest loans for the cleanup of brownfield sites. Fiscal Year 2010: No Current Data Available
Financial Information
Account Identification
68-0103-0-1-304.
Obligations
(Cooperative Agreements) FY 08 $74,000,000; FY 09 est $111,900,000; FY 10 est $84,000,000 - FY 08 $74 million; FY 09 $111.9 million (this includes $37.3 million in ARRA funding). An estimated $84 million will be available in FY2010.
Range and Average of Financial Assistance
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;, most applicants receive this amount. 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). In addition, coalitions of eligible entities may apply together under one recipient for up to $1,000,000 per eligible entity. (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). Approximate average financial assistance is $200,000 for cleanup grants, $200,000 for assessment grants and $1 million per entity for 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.
Related Programs
66.814 Brownfields Training, Research, and Technical Assistance Grants and Cooperative Agreements ; 66.815 Brownfield Job Training Cooperative Agreements; 66.817 State and Tribal Response Program Grants
Information Contacts
Regional or Local Office
See Regional Agency Offices. Regional Brownfields Coordinators: EPA Region 1,New England, Diane Kelley, One Congress Street (HBT), Boston, MA 02114-2023, Phone (617) 918-1424, Fax (617) 918-1291, Kelley.Diane@epa.gov; EPA Region 2, Larry D'Andrea, 290 Broadway, 18th Floor, New York, NY 10007, Phone (212) 637-4314, Fax (212) 637-4360, torres.ramon@epa.gov; EPA Region 3, Tom Stolle, 1650 Arch Street, Philadelphia, Pennsylvania 19103, Phone (215) 814-3129, Fax (215) 814-5518, stolle.tom@epa.gov; EPA Region 4, Mike Norman, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, Waste Management Division, Brownfields/State Support Section, Atlanta, GA 30303, Phone (404) 562- 8792, Fax (404) 562-8628, norman.michael@epa.gov; EPA Region 5, Deborah Orr,77 West Jackson Boulevard, Chicago, Illinois 60604-3507,Phone (312) 886-7576, Fax (312) 886-7190,orr.deborah@epa.gov; EPA Region 6, Monica Chapa Smith, First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Suite 1200 (6SF-PB, Dallas, Texas 75202-2733, Phone (214) 665-6780, Fax (214) 665-6660, smith.monica@epa.gov; EPA Region 7, Susan Klein, 901 N. 5th Street, Kansas City, Kansas 66101, Phone (913) 551-7786, Fax (913) 551-8688, klein.susan@epa.gov; EPA Region 8, Dan Heffernan, 1595 Wynkoop Street (EPR-B), Denver, Colorado 80202-1129, Phone (303) 312-7074, Fax (303) 312-6067, heffernan.daniel@epa.gov; EPA Region 9, Debbie Schechter, 75 Hawthorne Street, SFD 1-1, San Francisco, California 94105, Phone (415) 972-3093, Fax (415) 947-3520, schechter.debbie@epa.gov; EPA Region 10, Susan Morales, 1200 Sixth Avenue, Seattle, Washington 98101, Phone (206) 553-7299, Fax (206) 553-0124, morales.susan@epa.gov.
Headquarters Office
David Lloyd Office of Brownfields and Land Revitalization
OSWER, EPA, Washington, District of Columbia 20460 Email: Lloyd.DavidR@epa.gov Phone: (202) 566-2777
Web Site Address
http://www.epa.gov/brownfields.
Examples of Funded Projects
Fiscal Year 2008: This competitive grant program provides funding for three different kinds of grants: assessment grants, revolving loan fund grants, and cleanup grants. Assessment grants provide funding for a grant recipient to inventory, characterize, assess, and conduct cleanup and redevelopment planning and community involvement related to brownfield sites. Revolving Loan Fund grants provide funding for a grant recipient to capitalize a revolving loan fund and to provide subgrants to carry out cleanup activities at brownfield sites. Cleanup grants provide funding for a grant recipient to carry out cleanup activities at brownfield sites. Examples of projects include conducting Phase I and Phase II assessments, developing cleanup plans, conducting community outreach activities, and conducting cleanups. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available
Criteria for Selecting Proposals
This is a competitive grant program. The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement. 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.(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).
