Brownfields Assessment and Cleanup Cooperative Agreements (66.818)
Program
66.818 Brownfields Assessment and Cleanup Cooperative Agreements
Federal Agency
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).
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 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 (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 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).
Application and Award Process
Preapplication 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
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.
Program Accomplishments
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.
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.
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
None.
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).
