Brownfields Assessment and Cleanup Cooperative Agreements

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
credit: Landscape-Lawncare

(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 2008: 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 CRITERIA FOR SELECTING PROPOSALS) when evaluating applications for funding.

Related Programs

Examples of Funded Projects

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.

Below are some examples of projects that were selected for funding in the past: In Fiscal Year 2004, EPA provided a brownfields assessment grant totalling $200,000 in hazardous substances funding.

Hazardous substances grant funds will be used to assess mine-scarred properties in 4,000 acres of a watershed, in order to prioritize properties for public acquisition and cleanup.

Funds will be used for Phase I site assessments, Phase II site assessments on three to five high-priority sites, community outreach, environmental liability analysis, and GIS mapping.

One significant mine will be assessed for possible acquisition, cleanup, and reuse as a historic mining museum and visitor center.

In Fiscal Year 2004, EPA provided a brownfields assessment grant totalling $200,000 in petroleum funding.

Petroleum grant funds will be used to identify and assess petroleum-contaminated sites and underground storage tanks.

Grant funds will also be used to perform approximately four Phase I assessments and to develop redevelopment plans.

In Fiscal Year 2003, EPA provided a brownfields revolving loan fund grant, which included $700,000 in hazardous substances funding and $300,000 in petroleum funding.

The grant will be used to capitalize a revolving loan fund from which the recipient will provide loans and subgrants to conduct cleanup activities.

The recipient's jurisdiction contains over 3,600 brownfields.

They will use a community-based process to select sites.

Sites throughout the county contaminated by hazardous substances and petroleum will be considered.

In Fiscal Year 2004, EPA selected an Indian Community for a brownfields cleanup grant totalling $200,000 in petroleum funding.

The grant will be used to clean up petroleum contamination from leaking underground storage tanks.

Plans for site redevelopment include a Diabetes Education and Resource Center.

In Fiscal Year 2004, EPA provided a brownfields assessment grant totalling $200,000 in hazardous substances funding.

Grant funds will be used to complete an assessment of hazardous substances co-mingled with petroleum contamination at a 39-acre sawmill adjacent to the recipient city's central business district.

Funds also will be used for community involvement and development of a cleanup plan.


Agency - Environmental Protection Agency

The mission of the Environmental Protection Agency is to protect human health and the environment. Since 1970, EPA has been working for a cleaner, healthier environment for the American people.

Office - 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, Ramon Torres, 290 Broadway, 18th Floor, New York, NY 10007, Phone: (212) 637-4309, 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.

Relevant Nonprofit Program Categories




Program Accomplishments

This grant program replaced CFDA 66.811 in FY2003. EPA's brownfields assistance has led to more than $11.3 billion in public and private investment in cleanup and redevelopment, helped create more than 48,000 jobs, and resulted in the assessment of more than 11,000 properties and the cleanup of more than 200 properties. In Fiscal Year 2007, EPA announced 294 grants, totaling $70.7 million. These included: (a) 189 assessment grants totaling $36.8 million, to assess and plan for eventual cleanup at one or more brownfield sites; (b) 92 cleanup grants totaling $17.9 million, for recipients to clean up brownfield sites they own; and (c) 13 revolving loan fund grants totaling $16 million, which communities use to make low interest loans for the cleanup of brownfield sites. In Fiscal Year 2008, EPA announced 314 grants, totaling over $74 million. These included: (a) 194 assessment grants totaling $38.7 million to assess and plan for cleanup at one or more brownfield sites; (b) 108 cleanup grants totaling $19.6 million for recipients to clean up brownfield sites they own; and (c) 12 revolving loan fund grants totaling $15.7 million that communities can use to make low interest loans for the cleanup of brownfield sites.

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.

All grants under 66.818 are awarded on a discretionary basis.

For information on statutory limits on the amount of funding, see 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).

Aplication 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.

Application Procedures

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 Procedures

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.

Deadlines

EPA guidelines for Requests for Proposals or Requests for Applications will specify application deadlines. Alternately, contact the headquarters or individual regional office for application deadlines.

Authorization

The Small Business Liability Relief and Brownfields Revitalization Act of 2002, (Pub .L.No. 107-118, 115 stat. 2356, "the Brownfields Law") Sections 101(39) and 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended by, 42 U.S.C. 9601(39) and 42 U. S.C.9604(k).

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 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.

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.

Post Assistance Requirements

Reports

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.

Audits

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.

Financial Information

Account Identification

68-0103-0-1-304.

Obigations

In FY 2007, EPA announced 294 grants totaling $70.7 million. These included 189 assessment grants, 92 cleanup grants, and 13 Revolving Loan Fund (RLF) grants. In FY 2008, EPA announced the selection of 314 grants totaling over $74 million. These include 194 assessment grants, 108 cleanup grants, and 12 revolving loan fund grants and FY 09 est not available.

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.

Information Contacts

Regional or Local Office

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, Ramon Torres, 290 Broadway, 18th Floor, New York, NY 10007, Phone: (212) 637-4309, 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 , Director, Office of Brownfields and Land Revitalization, OSWER, EPA, Washington, DC 20460, Telephone: (202) 566-2777, Fax: (202) 566-1476, Email: Lloyd.DavidR@epa.gov. Staff contact, Becky Brooks (202) 566-2762, E-mail: Brooks.Becky@epa.gov.

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).



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