17-07.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY18 GUIDELINES FOR BROWNFIELDS ASSESSMENT GRANTS

ACTION: Request for Proposals (RFP)

RFP NO: EPA-OLEM-OBLR-17-07

CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NO.: 66.818

DATES: The closing date and time for receipt of proposals is November 16, 2017, 11:59 p.m.

Eastern Time (ET). Proposals must be submitted through www.grants.gov. Proposals received after 11:59 ET on November 16, 2017 will not be considered. Please refer to Section IV.B., Due

Date and Submission Instructions, for further instructions.

SUMMARY: The Small Business Liability Relief and Brownfields Revitalization Act

(“Brownfields Law”, P.L. 107-118) requires the U.S. Environmental Protection Agency (EPA) to publish guidance for grants to assess and clean up brownfield sites. EPA’s Brownfields Program provides funds to empower states, communities, tribes, and nonprofits to prevent, inventory, assess, clean up, and reuse brownfield sites.

Under these guidelines, EPA is seeking proposals for Assessment Grants only. If you are interested in requesting funding for Cleanup Grants and/or Revolving Loan Fund Grants, please refer to announcement EPA-OLEM-OBLR-17-08 (Revolving Loan Fund Grant Guidelines) or

EPA-OLEM-OBLR-17-09 (Cleanup Grant Guidelines) posted separately on www.grants.gov and www.epa.gov/brownfields/apply-brownfields-grant-funding.

For the purposes of these guidelines, the term “grant” refers to the cooperative agreement that

EPA will award to a successful applicant. Please refer to Section II.C. for a description of EPA’s anticipated substantial involvement in the cooperative agreements awarded under these guidelines.

EPA urges applicants to review the Frequently Asked Questions, which can be found at www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf.

In addition, prior to naming a contractor or subawardee in your proposal, please carefully review

Section IV.F. of these guidelines.

FUNDING/AWARDS: The total funding available under the national competitions for

Assessment, Revolving Loan Fund, and Cleanup Grants is estimated at $50 million subject to the availability of funds and other applicable considerations. EPA may expend up to 25 percent of the amount appropriated for Brownfields Grants on sites contaminated with petroleum. EPA anticipates awarding an estimated 198 grants among all three grant types. Under this competitive https://www.grants.gov/ https://www.grants.gov/ http://www.epa.gov/brownfields/apply-brownfields-grant-funding http://www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf opportunity, EPA anticipates awarding an estimated 145 Assessment Grants for an estimated

$33.5 million.

CONTENTS BY SECTION

SECTION I. - FUNDING OPPORTUNITY DESCRIPTION

I.A. Description of Grant I.B. Uses of Grant Funds I.C. EPA Strategic Plan Linkage I.D. Measuring Environmental Results: Anticipated Outputs/Outcomes I.E. Linking to Sustainable and Equitable Development Outcomes, and Supporting

Environmental Justice I.F. Regional Priorities

SECTION II. - AWARD INFORMATION

II.A. What is the Amount of Available Funding?

II.B. What is the Project Period for Awards Resulting from this Solicitation?

II.C. Substantial Involvement

SECTION III. – ELIGIBILITY INFORMATION and THRESHOLD CRITERIA III.A. Who Can Apply?

III.B. Threshold Criteria for Assessment Grants

1. Applicant Eligibility

2. Community Involvement

III.C. Additional Threshold Criteria for Site-Specific Proposals Only

SECTION IV. - PROPOSAL SUBMISSION INFORMATION

IV.A. How to Obtain a Proposal Package

IV.B. Due Date and Submission Instructions

IV.C. Content and Form of Proposal Submission

1. Standard Form (SF) - 424, Application for Federal Assistance

2. Cover Letter

3. The Narrative Proposal/Ranking Criteria

1. COMMUNITY NEED

2. PROJECT DESCRIPTION AND FEASIBILITY OF SUCCESS

3. COMMUNITY ENGAGEMENT AND PARTNERSHIPS

4. PROJECT BENEFITS

5. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE

4. Threshold Criteria Responses IV.D. Voluntary Cost Share/Leveraging IV.E. Additional Provisions for Applicants Incorporated Into the Solicitation

SECTION V. - PROPOSAL REVIEW INFORMATION

V.A. Evaluation Criteria

1. COMMUNITY NEED (45 Points)

2. PROJECT DESCRIPTION AND FEASIBILITY OF SUCCESS (55 Points)

3. COMMUNITY ENGAGEMENT AND PARTNERSHIPS (35 Points)

4. PROJECT BENEFITS (25 Points)

5. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE (40 Points)

V.B. Considerations and Other Factors

V.C. Review and Selection Process

V.D. Additional Provisions For Applicants Incorporated Into the Solicitation

SECTION VI. - AWARD ADMINISTRATION INFORMATION

VI.A. Award Notices

VI.B. Administrative and National Policy Requirements VI.C. Reporting Requirements VI.D. Brownfields Programmatic Requirements VI.E. Use of Funds VI.F. Disputes

VI.G. Additional Provisions for Applicants Incorporated Into the Solicitation SECTION VII. – AGENCY CONTACTS – Regional Brownfields Contacts Appendix 1 Information on Sites Eligible for Brownfields Funding Under CERCLA §104(k) ...58 Appendix 2 www.grants.gov Proposal Submission Instructions

Appendix 3 Regional Priorities Form/Other Factors Checklist

SECTION I. - FUNDING OPPORTUNITY DESCRIPTION

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or the

Superfund Law) was amended by the Small Business Liability Relief and Brownfields

Revitalization Act (Brownfields Law) to include section 104(k), which provides federal financial assistance for brownfields revitalization, including grants for assessment, cleanup, and revolving loan funds.

A brownfield site is defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land.

A critical part of EPA’s assessment and cleanup efforts is to ensure that residents living in communities historically affected by economic disinvestment, health disparities, and environmental contamination have an opportunity to reap the benefits from brownfields redevelopment. EPA’s Brownfields Program has a rich history rooted in environmental justice and is committed to helping communities revitalize brownfield properties, mitigate potential health risks, and restore economic vitality.

As described in Section V. of this announcement, proposals will be evaluated based on the extent to which the applicant demonstrates: economic and environmental needs of the target area; a vision for the reuse and redevelopment of brownfield sites and the capability to achieve that vision; reasonable and eligible tasks; appropriate use of grant funding; incorporation of equitable and sustainable approaches; community engagement, partnerships and leveraged resources to complete the project; economic, environmental, health, and social benefits associated with the assessment, cleanup (if needed), reuse and redevelopment of brownfield sites; and other factors.

I.A. Description of Grant

Assessment Grants provide funding for developing inventories of brownfields, prioritizing sites, conducting community involvement activities, conducting site assessments, and developing cleanup plans and reuse plans related to brownfield sites. Assessment Grant funds may not be used to conduct cleanups.

Individual applicants may apply for a community-wide and/or a site-specific assessment grant, or apply as part of an assessment coalition.

Community-wide proposals are appropriate when a specific site is not identified and the applicant plans to spend grant funds on more than one brownfield in its community.

Site-specific proposals are appropriate when a specific site has been identified and the applicant plans to spend grant funds on this one site only. Assessment coalition grants are for three or more eligible entities who will perform assessment grant activities within their communities.

The performance period for all Assessment Grants is three years. Refer to Section VI. for a list of certain grant and programmatic requirements.

Applicants that exceed the maximum number of proposals allowable for Assessment Grants will be contacted, prior to review of any of the proposals by EPA, to determine which proposal(s) the applicant will withdraw from the competition.

Assessment Grant Option Summary

1. Community-Wide 2. Site-Specific 3. Coalition

Up to $200,000 for hazardous substances OR

$200,000 for petroleum

Up to $300,000 for hazardous substances AND petroleum, where the amount of hazardous substances or petroleum does not exceed $200,000 for any individual type of grant funding

Up to $200,000 for hazardous substances, or petroleum, or combination of both types of funding

Up to $600,000 for hazardous substances, or petroleum, or combination of both types of funding

No waiver of funding limit May request a waiver for up to $350,000

No waiver of funding limit

Maximum amount for hazardous substances OR petroleum: $200,000

Maximum amount for hazardous substances AND petroleum: $300,000; may not exceed $200,000 for any individual type of grant funding

Maximum amount:

$350,000

Maximum amount:

$600,000

May also apply for a Site-specific Grant; may not apply as a member of a coalition

May also apply for a

Community-wide Grant;

may not apply as a member of a coalition

May not apply for an individual Community-wide or Site-specific Grant or as part of another coalition

1. Community-Wide Assessment Grants

For Community-wide proposals, applicants may request hazardous substances funding1 for sites with potential contamination of hazardous substances, pollutants, or contaminants and

1 Sites eligible for hazardous substances funding are those sites with the presence or potential presence of hazardous substances, pollutants, contaminants, sites that are contaminated with controlled substances or that are mine-scarred petroleum funding2 for sites with potential petroleum contamination. Applicants may apply for up to $200,000 in hazardous substances funding or up to $200,000 in petroleum funding.

Applicants applying for both hazardous substances funding and petroleum funding may request a combined total up to $300,000; however, the request for hazardous substances funding or petroleum funding cannot exceed $200,000 for any one individual type of grant funding. For example, an applicant may apply for $200,000 in hazardous substances funding and $100,000 in petroleum funding. Applicants may either combine requests for hazardous substances funding and petroleum funding into one proposal for up to $300,000 or applicants may submit separate proposals for a combined total up to $300,000. An applicant that submits a combined Community-wide Assessment Grant proposal or two separate

Community-wide Assessment Grant proposals may also apply for a Site-specific Assessment

Grant.

2. Site-Specific Assessment Grants

For Site-specific proposals, applicants may request up to $200,000 to address hazardous substances1 or petroleum contamination2 at a specified site. Applicants can apply for only one Site-specific Assessment Grant. Site-specific Assessment proposals must respond to the additional threshold criteria in Section III.C. concerning site eligibility and appropriate to the contamination at the site.

If the site is co-mingled with both hazardous substances and petroleum contamination and the hazardous substances and petroleum-contaminated areas of the site are distinguishable, the proposal must address both eligibility criteria and indicate the dollar amount of funding requested for each type of contamination. If the petroleum and hazardous substances are co-mingled and not easily distinguishable, the applicant must indicate which contaminant is predominant and respond to the appropriate site eligibility criteria. (Contact your Regional

Brownfields Contact listed in Section VII. for more information.) Note that an applicant cannot propose an alternate site if the site identified in the proposal is determined by EPA to be ineligible for brownfields funding.

Applicants may request a waiver of the $200,000 limit and request up to $350,000 for a single site based on the anticipated level of contamination, size, or status of ownership of the site. Applicants requesting a waiver must attach a one-page justification for the waiver request. EPA will consider requests on a case-by-case basis. Refer to threshold criterion in

Section III.C.7. for additional information.

3. Assessment Coalition Grants

Assessment Coalition proposals may be submitted by one “lead” eligible entity on behalf of a coalition of eligible entities to create a “pool” of grant funds (see Section III.A. for a list of entities eligible to apply for an Assessment Grant). A coalition is a group of three or more lands. For more information on sites eligible for hazardous substances funding, please refer to the Brownfields

FAQs at www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf.

2 Sites eligible for petroleum funding are those sites that meet the definition set forth in CERCLA §

101(39)(D)(ii)(II), as further described in Appendix 1, Section 1.3.2.

eligible entities that submits one grant proposal, requesting funding up to $600,000, under the name of one of the coalition participants who will be the grant recipient, if selected. Coalition members may not have the same jurisdiction (for example, different departments in the same county) unless they are separate legal entities (for example, a city and a redevelopment agency). The grant recipient must administer the grant, be accountable to EPA for proper expenditure of the funds, and be the point of contact for the other coalition members. All

Assessment Coalition Grant proposals must be community-wide proposals; therefore, the applicant does not need to respond to the site eligibility threshold criteria in Section III.C.

Site eligibility will be determined after grant award and prior to expending grant funds at any site. Coalitions will be required to assess a minimum of five sites.

Coalition members may not be members of other coalitions, nor submit a proposal as an individual applicant, in the same competition cycle. A coalition member wishing to apply as part of a different coalition or as a separate applicant must withdraw from the coalition to be eligible for individual assessment funds.

Please note that once the “lead” eligible entity submits the proposal, it becomes the applicant, and the coalition members may not substitute another eligible entity as the lead eligible entity after the deadline for submitting proposals has passed.

A Memorandum of Agreement (MOA) documenting the coalition’s site selection process must be in place prior to the expenditure of any funds that have been awarded to the coalition. The coalition members should identify and establish relationships necessary to achieve the project’s goal. A process for successful execution of the project’s goal, to include a description and role of each coalition member, should be established along with the MOA.

The purpose of the MOA is for coalition members to agree internally on the distribution of funds and the mechanisms for implementing the assessment work.

For more information on a range of brownfields funding topics, please refer to the

Brownfields FAQs at www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf. If you do not have access to the Internet, you can contact your Regional

Brownfields Contact listed in Section VII.

I.B. Uses of Grant Funds

In addition to direct costs associated with the inventory, site prioritization, community involvement, assessment, and cleanup planning for brownfield sites:

1. Grant funds may be used for direct costs associated with programmatic management of the grant, such as required performance reporting and environmental oversight.

All costs charged to Assessment Grants must be consistent with the applicable 2 CFR 200

Subpart E.

2. A local government (as defined in 2 CFR 200.64, Local Government, and summarized in

Section III.A. of these guidelines) may use up to 10 percent of its grant funds for any of the following activities:

a. health monitoring of populations exposed to hazardous substances, pollutants, or contaminants from a brownfield site; and

b. monitoring and enforcement of any institutional control used to prevent human exposure to any hazardous substance, pollutant, or contaminant from a brownfield site.

3. A portion of the brownfields grant may be used to purchase environmental insurance.

See the Brownfields FAQs at www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf for additional information on purchasing environmental insurance.

Grant funds cannot be used for the payment of:

1. proposal preparation costs;

2. a penalty or fine;

3. a federal cost-share requirement (for example, a cost share required by other federal funds);

4. administrative costs, such as indirect costs of grant administration, with the exception of financial and performance reporting costs;

5. a response cost at a brownfield site for which the recipient of the grant or loan is potentially liable under CERCLA §107;

6. a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the cleanup; or

7. unallowable costs (e.g., lobbying) under 2 CFR Part 200, Subpart E as applicable.

See the Brownfields FAQs at www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf for additional information on ineligible grant activities and ineligible costs.

I.C. EPA Strategic Plan Linkage

EPA’s Strategic Plan is available at https://www.epa.gov/planandbudget/strategicplan.html.

The activities to be funded under this announcement will be linked to EPA’s strategic plan consistent with EPAs current priorities for cleaning up contaminated sites and returning land back to communities. Applicants must explain in their proposal how their project will further these current priorities.

I.D. Measuring Environmental Results: Anticipated Outputs/Outcomes

EPA requires that grant applicants adequately describe environmental outputs and outcomes to be achieved under assistance agreements (see EPA Order 5700.7, Environmental Results under

Assistance Agreements, https://www.epa.gov/sites/production/files/2015-

03/documents/epa_order_5700_7a1.pdf). Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the http://www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf http://www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf http://www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf http://www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf https://www.epa.gov/planandbudget/strategicplan.html https://www.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf https://www.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to the goals and objectives described above in Section I.C.

Applicants are required to describe how funding will help EPA achieve environmental outputs and outcomes in their responses to the ranking criteria (Sections IV.C.3.2., Program Description and Feasibility of Success and IV.C.3.4., Program Benefits). Outputs and outcomes specific to each project will be identified as deliverables in the negotiated workplan if the proposal is selected for award. Grantees will be expected to report progress toward the attainment of expected project outputs and outcomes during the project performance period.

Outputs and Outcomes are defined as follows.

1. Outputs: The term “outputs” refers to an environmental activity, effort and/or associated work products related to an environmental goal or objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during the project period. The expected outputs for the grants awarded under these guidelines may include but are not limited to the number of brownfield sites identified, development of an area-wide plan, number of Phase I and Phase

II site assessments, and number of community meetings held.

2. Outcomes: The term “outcomes” refers to the result, effect, or consequence that will occur from carrying out the activities under the grant. Outcomes may be environmental, behavioral, health-related, or programmatic; must be qualitative or quantitative; and may not necessarily be achievable during the project period. Expected outcomes of Brownfields Grants include the number of jobs created and funding leveraged through the economic reuse of sites; the number of acres made ready for reuse or acres of greenspace created for communities; and whether the project will minimize exposure to hazardous substances and other contamination.

I.E. Linking to Sustainable and Equitable Development Outcomes, and Supporting

Environmental Justice

Under the Project Description ranking criterion in Section IV.C.3.2., applicants should discuss how their proposed Brownfield Assessment project will advance and incorporate sustainable and equitable practices. The proposal will be evaluated on the extent to which it will lead to sustainable and equitable development outcomes and will address environmental justice challenges as discussed below. EPA encourages applicants to provide specific examples of how the proposed Brownfield Assessment projects will work to remove economic, environmental and social barriers to make sustainable and equitable brownfields reuse of the highest priority.

Linking Brownfield Assessment Approaches to Sustainable and Equitable Development

Outcomes

Applicants should incorporate sustainable and equitable reuse approaches into their proposed

Brownfield Assessment projects. Sustainable and equitable approaches can ensure brownfields are reused in ways that:

contribute to greener and healthier homes, buildings, and neighborhoods;

mitigate environmental conditions through effective deconstruction and remediation strategies which address solid and hazardous waste, and improve air and water quality;

improve access by residents to greenspace, recreational property, transit, schools, other nonprofit uses (e.g., libraries, health clinics, youth centers, etc.), and healthy and affordable food;

improve employment and affordable housing opportunities for local residents;

reduce toxicity, illegal dumping, and blighted vacant parcels; and retain residents who have historically lived within the area affected by brownfields.

Sustainable development practices facilitate environmentally-sensitive brownfields cleanup and redevelopment while also helping to make communities more attractive, economically stronger, and more socially diverse. While ensuring consistency with community-identified priorities, sustainable development approaches encourage brownfield site reuse in ways that provide new jobs, commercial opportunities, open-space amenities, and/or social services to an existing neighborhood. Brownfield site preparation strategies that prevent contaminant exposure through green building design, materials recycling, enable urban agricultural reuse, promote walkability to/around the site and contribute to community walkability, and on-site stormwater management through green infrastructure, among other approaches, can contribute to sustainable development outcomes.

Equitable development occurs when intentional strategies are put in place to ensure that low-income and minority communities not only participate in but also benefit from decisions that shape their neighborhoods and regions. There are many different approaches that promote equitable development, such as ensuring a mix of housing types across a range of incomes;

access to fresh food; access to jobs; and access to local capital. Programs or policies can be put in place to help ensure creation or integration of affordable housing; local or first-source hiring;

minority contracting; inclusionary zoning (where a percentage of new housing is designated as affordable housing); healthy food retailers in places where they do not exist (e.g. food deserts);

co-operative ownership models where local residents come together to run a community-owned, jointly owned business enterprise; rent control or community land trusts (to help keep property affordable for residents); supportive local entrepreneurial activities; and adherence to equal lending opportunities.

Linking Brownfield Assessment Approaches to Environmental Justice

Environmental justice can be supported through sustainable and equitable development approaches. EPA defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

EPA has this goal for all communities and persons across the nation. Environmental justice will be achieved when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work.3

3 For more information please visit www.epa.gov/environmentaljustice.

http://www.epa.gov/environmentaljustice

I.F. Regional Priorities

Applicants must include in their narrative proposal how their proposed Brownfields Assessment project will advance the Regional Priorities identified in the list below that apply to the EPA

Region where the project will be performed. This information may be considered by the

Selection Official as an “other factor,” as described in Sections V.B. and V.C. of the guidelines, during the selection process. If more than one priority is listed for a region, then the applicant may include information on one or both of the priorities; although addressing both does not necessarily mean it will benefit them more than if they only address one. The information provided should clearly indicate how the project addresses the applicable priority for the region in which the project is located. For example, if applying to perform a project in US EPA Region

1, then describe how the project will address a regional priority listed for Region 1. Please see

Section VII. to identify the region where your project is located.

Proposed projects must be for activities which inventory, characterize, assess and conduct planning relating to one or more brownfield sites.

Region Regional Priority(ies)

Assistance to Communities That Have Limited In-House Capacity to

Manage Brownfield Projects – This regional priority includes proposed projects that provide support to communities that have limited capacity or administrative infrastructure to effectively manage brownfields programs.

Proposals that include partnerships among governmental entities having shared jurisdiction over the target sites (e.g. state, regional authorities, local governments) relate to this priority.

OR

Coordinated Public Funding for Brownfields – This regional priority includes proposed projects that complement other brownfield efforts receiving federal, state or local funding or where the community is working with federal, state, or local governments to address their brownfields. EPA Region 1 is particularly interested in projects where the applicant has already been working with federal, state, or local agencies, or where funding has been received and the EPA grant would “fill the gaps” to establish a comprehensive approach to

Brownfield site characterization, assessment, cleanup and redevelopment.

projects that provide support to communities that have limited capacity or administrative infrastructure to effectively manage brownfields programs.

Proposals that include partnerships among governmental entities having shared

Extreme Weather Resiliency – This regional priority includes proposed projects which will advance or contribute to community extreme weather resiliency through the “green” use or reuse of existing infrastructure, protection of greenfields, or similar activities to address flooding due to sea level rise, stormwater runoff, or an extreme weather event.

Extreme Weather Resiliency – This regional priority includes proposed projects which will advance or contribute to community extreme weather resiliency through the “green” use or reuse of existing infrastructure, protection of greenfields, or similar activities to address flooding due to sea level rise, stormwater runoff, or an extreme weather event.

federal, state or local funding or where the community is working with federal, state, or local governments to address their brownfields. EPA Region 3 is particularly interested in projects where the applicant has already been working with federal, state, or local agencies, or where funding has been received and projects that provide support to communities that have limited capacity or administrative infrastructure to effectively manage brownfields programs.

Proposals that include partnerships among governmental entities having shared jurisdiction over the target sites (e.g. state, regional authorities, local includes proposed projects that complement other efforts receiving federal, state or local funding or assistance. EPA Region 5 is particularly interested in projects that supplement publicly funded site characterization and remediation projects in Great Lakes Areas of Concern, projects that serve areas where there are already coordinated federal agency partnerships investing in brownfields, or similar sources of public funding that can be leveraged for brownfields purposes, or where funding has been received and the EPA grant would “fill the gaps” to establish a comprehensive approach to Brownfield site characterization, assessment, cleanup and redevelopment.

projects that provide support to communities that have limited capacity or administrative infrastructure to effectively manage brownfields programs.

Proposals that include partnerships among governmental entities having shared

Improving Air Quality – This regional priority includes proposed projects which will reduce threats to human health (e.g. asthma and cancer) and the environment including assessment activities that support efforts to improve air quality in non-attainment areas affected by pollutants and contaminants such as ozone, particulate matter, sulfur-dioxide, oxides of nitrogen, lead, and carbon monoxide.

projects that provide support to communities that have limited capacity or administrative infrastructure to effectively manage brownfields programs.

Proposals that include partnerships among governmental entities having shared federal, state or local funding or where the community is working with federal, state, or local governments to address their brownfields. EPA Region 7 is particularly interested in projects where the applicant has already been working with federal, state, or local agencies, or where funding has been received and

Protect/Enhance Water – This regional priority includes proposed projects which will reduce threats to human health and the environment from the release of hazardous substances, pollutants or contaminants, by supporting efforts to protect or enhance water supplies, including surface water, ground water and/or storm water infrastructure. EPA Region 8 is particularly interested in projects that improve or protect the quality of water associated with brownfield sites or whereby addressing the brownfield site will reduce threats to nearby residents.

Assistance to Small and Underserved Communities – This regional priority includes proposed projects that target the majority of the work at brownfield sites in small, rural and/or low-income communities unable to draw on other public or private sources of funds for environmental remediation. EPA Region 8 is particularly interested in projects that serve the needs of communities with populations of less than 50,000.

Leveraging New/Expanded Transit Investments to Reduce Air Pollution –

This regional priority includes proposed projects that will reduce threats to human health (e.g. asthma and cancer) and the environment and support efforts to improve air quality through transit investments (e.g., site assessments that assist efforts to clear the right of way for transit infrastructure and transit-oriented redevelopment of Brownfield sites). Note: Examples of transit investments include, light rail, high-speed rail, bus rapid transit, new bus service, and bicycle infrastructure. EPA Region 9 is particularly interested in projects that reduce air pollution through the use of new or expanded transportation investments to use or reuse existing infrastructure or otherwise reduce vehicle miles traveled, and create walkable communities.

Supporing Reslilient Communities – This regional priority includes proposed projects which will keep communities economically and environmentally resilient by addressing existing and/or potential adverse impacts caused by sea level rise, storm surges, extreme rain events, wildfires, and/or drought. EPA

Region 9 is particularly interested in projects where the brownfield assessment, cleanup and reuse activities will reduce, prevent, or address these adverse impacts in order to reduce the threats to the health and welfare of vulnerable populations and lessen environmental impacts to communities.

Protect/Enhance Water – This regional priority includes proposed projects which will reduce threats to human health and the environment from the release of hazardous substances, pollutants or contaminants, by supporting efforts to protect or enhance water supplies, including surface water, ground water and/or storm water infrastructure. EPA Region 10 is particularly interested in projects that improve or protect the quality of water associated with brownfield sites or whereby addressing the brownfield site will reduce threats to nearby residents.

Threatened and Endangered Species – This regional priority includes proposed projects which facilitate the creation, addition or preservation of the habitats (e.g. state, tribal or local parks, greenways, recreational or undeveloped property dedicated to nonprofit use) of federal and state-listed threatened and endangered species.

SECTION II. - AWARD INFORMATION

II.A. What is the Amount of Available Funding?

The total estimated funding available under the national competition for Assessment, RLF and

Cleanup Grants is estimated at $50 million subject to the availability of funds, quality of proposals, and other applicable considerations. A separate announcement is posted for the

Cleanup and RLF Grant competitions. EPA may expend up to 25 percent of the amount appropriated for Brownfields Grants on sites contaminated with petroleum. EPA anticipates awarding an estimated 198 grants among all three grant types. Under this announcement, EPA anticipates awarding an estimated 145 Assessment Grants for a total amount of approximately

$33.5 million in funding.

In addition, EPA reserves the right to award additional grants under this competition should additional funding become available. Any additional selections for awards will be made no later than six months from the date of the original selection decision. EPA reserves the right to reject all proposals and make no awards under this announcement or make fewer awards than anticipated.

In appropriate circumstances, EPA reserves the right to partially fund proposals by funding discrete portions or phases of proposed projects. To maintain the integrity of the competition and selection process, EPA, if it decides to partially fund a proposal, will do so in a manner that does not prejudice any applicants or affect the basis upon which the proposal, or portion thereof, was evaluated and selected for award.

II.B. What is the Project Period for Awards Resulting from this Solicitation?

The project period for Assessment Grants is up to three years.

II.C. Substantial Involvement

The Brownfield Assessment Grant will be awarded in the form of a cooperative agreement.

Cooperative agreements permit the EPA Project Officer to be substantially involved in overseeing the work performed by the selected recipients. Although EPA will negotiate precise terms and conditions relating to substantial involvement as part of the award process, the anticipated substantial federal involvement for this project may include:

close monitoring of the recipient’s performance to verify the results;

collaborating during the performance of the scope of work;

reviewing substantive terms of proposed contracts;

reviewing qualifications of key personnel (EPA will not select employees or contractors employed by the award recipient);

reviewing and commenting on reports prepared under the cooperative agreement (the final decision on the content of reports rests with the recipient); and reviewing sites to verify they meet applicable site eligibility criteria.

SECTION III. – ELIGIBILITY INFORMATION and THRESHOLD CRITERIA

III.A. Who Can Apply?

The following information indicates which entities are eligible to apply for an Assessment Grant.

Nonprofit organizations are not eligible to apply for an Assessment Grant unless the entity is included as a “General Purpose Unit of Local Government” as defined below.

General Purpose Unit of Local Government. [For purposes of the EPA Brownfields Grant

Program, a “local government” is defined as stated under 2 CFR 200.64.: Local government means a county, municipality, city, town, township, local public authority (including any public and Indian housing agency under the United States Housing Act of 1937), school district, special district, intrastate district, council of governments (whether or not incorporated as a nonprofit corporation under state law), any other regional or interstate government entity, or any agency or instrumentality of a local government.]

Land Clearance Authority or another quasi-governmental entity that operates under the supervision and control of, or as an agent of, a general purpose unit of local government.

Government Entity Created by State Legislature.

Regional Council or group of General Purpose Units of Local Government.

Redevelopment Agency that is chartered or otherwise sanctioned by a state.

State.

Indian tribe other than in Alaska. (The exclusion of Alaskan Tribes from Brownfields Grant eligibility is statutory at CERCLA §104(k)(1). Intertribal Consortia, comprised of eligible

Indian tribes, are eligible for funding in accordance with EPA’s policy for funding intertribal consortia published in the Federal Register on November 4, 2002, at 67 Fed. Reg. 67181.

This policy also may be obtained from your Regional Brownfields Contact listed in Section

VII.)

Alaska Native Regional Corporation, Alaska Native Village Corporation, and Metlakatla

Indian Community. (Alaska Native Regional Corporations and Alaska Native Village

Corporations are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following). For more information, please refer to Brownfields FAQs at www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf.)

III.B. Threshold Criteria for Assessment Grants

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive

Assessment Grants. Threshold criteria are pass/fail and include certain requests for information identified below. The information you submit will be used by EPA solely to make site eligibility determinations for Brownfields Grants and is not legally binding for other purposes including federal, state, or tribal enforcement actions. Only those proposals that pass all the threshold criteria will be evaluated against the evaluation criteria in Section V.A. of this announcement.

Applicants deemed ineligible for funding consideration as a result of the threshold eligibility review will be notified within 15 calendar days of the ineligibility determination.

If a proposal is submitted that includes any ineligible tasks or activities, that portion of the proposal will be ineligible for funding and may, depending on the extent to which it affects the proposal, render the entire proposal ineligible for funding.

Your responses to these items are required and must be included as an attachment to the

Narrative Proposal you submit to EPA. See Section IV.C. for a complete list of required documents that must be submitted.

EPA staff will respond to questions regarding threshold eligibility criteria, administrative issues related to the submission of the proposal, and requests for clarification about this announcement.

In order to maintain the integrity of the competition process, EPA staff cannot meet with individual applicants to discuss draft proposals, provide informal comments on draft proposals, or provide advice to applicants on how to respond to ranking criteria. EPA’s limitations on staff involvement with grant applicants are described in EPA’s Assistance Agreement Competition

Policy (EPA Order 5700.5A1).

For purposes of the threshold eligibility review, EPA, if necessary, may seek clarification of applicant information and/or consider information from other sources, including EPA files.

Proposals must substantially comply with the proposal submission instructions and requirements set forth in Section IV. of this announcement or they will be rejected. Pages in excess of the page limits described in Section IV. for the Cover Letter and Narrative Proposal, and attachments not specifically required, will not be reviewed.

In addition, proposals must be submitted through www.grants.gov as stated in Section IV. of this announcement (except in the limited circumstances where another mode of submission is specifically allowed for as explained in Appendix 2) on or before the proposal submission deadline. Applicants are responsible for following the submission instructions in Section IV. of this announcement to ensure that their proposal is submitted in a timely manner.

Proposals received after the submission deadline will be considered late and deemed ineligible without further consideration unless the applicant can clearly demonstrate that it was late due to

EPA mishandling or because of technical problems associated with www.grants.gov or relevant www.sam.gov system issues. An applicant’s failure to timely submit their proposal through www.grants.gov because they did not timely or properly register in www.sam.gov or www.grants.gov will not be considered an acceptable reason to consider a late submission.

EPA will verify that the Data Universal Number System (DUNS) number listed on the application is the correct DUNS number for the applicant’s organization. If the correct DUNS number is not included on the application, the application may be deemed ineligible.

Note: Assessment Grants do not require applicants to provide a cost share or match.

https://www.grants.gov/ http://www.sam.gov/ https://www.grants.gov/ http://www.sam.gov/

1. Applicant Eligibility

Provide information that demonstrates how you are an eligible entity for an Assessment

Grant as specified in Section III.A., Who Can Apply? For entities other than cities, counties, tribes, or states, attach documentation of your eligibility (e.g., resolutions, statutes, etc.).

Assessment Coalitions must document how all coalition members are eligible entities. All coalition members must submit a letter to the grant applicant (lead coalition member) in which they agree to be part of the coalition. An active Memorandum of Agreement that includes a description and role of each coalition member may serve in place of the individual coalition members’ letters. Attach the document(s) to your proposal.

2. Community Involvement

Provide information that demonstrates how you intend to inform and involve the community and other stakeholders during the planning, implementation and other brownfield assessment activities described in your proposal.

III.C. Additional Threshold Criteria for Site-Specific Proposals Only

The following items provide important information related to determining if a proposed site is eligible for brownfields funding.

1. Basic Site Information Identify: (a) the name of the site; (b) the address of the site, including zip code; and (c) the current owner of the site.

2. Status and History of Contamination at the Site Identify: (a) whether this site is contaminated by petroleum or hazardous substances; (b) the operational history and current use(s) of the site; (c) environmental concerns, if known, at the site; and (d) how the site became contaminated, and to the extent possible, describe the nature and extent of the contamination.

3. Brownfields Site Definition To be eligible for brownfields funding, sites must meet the definition of a brownfield as described in Appendix 1. The following types of properties are not eligible for brownfields funding:

facilities listed (or proposed for listing) on the National Priorities List (NPL);

facilities subject to unilateral administrative orders, court orders, administrative orders on consent, or judicial consent decrees issued to or entered into by parties under CERCLA;

and facilities that are subject to the jurisdiction, custody, or control of the U.S. government.

(Note: Land held in trust by the U.S. government for an Indian tribe is eligible for brownfields funding.)

Affirm that the site is: (a) not listed or proposed for listing on the National Priorities List; (b) not subject to unilateral administrative orders, court orders, administrative orders on consent, or judicial consent decrees issued to or entered into by parties under CERCLA; and (c) not subject to the jurisdiction, custody, or control of the U.S. government. (Note: Land held in trust by the U.S. government for an Indian tribe is eligible for brownfields funding.) Please refer to CERCLA §§ 101(39)(B)(ii), (iii), and (vii) and Appendix 1.

4. Enforcement or Other Actions

Identify known ongoing or anticipated environmental enforcement or other actions related to the site for which brownfields funding is sought. Provide information on any inquiries, or orders from federal, state, or local government entities that the applicant is aware of regarding the responsibility of any party (including the applicant) for the contamination, or hazardous substances at the site, including any liens. The information provided in this section may be verified, and EPA may conduct an independent review of information related to the applicant’s responsibility for the contamination or hazardous substances at the site.

5. Sites Requiring a Property-Specific Determination

Certain types of sites require a property-specific determination in order to be eligible for brownfields funding. Please refer to Appendix 1, Section 1.5. and the information below to determine whether your site requires a property-specific determination. If your site requires a property-specific determination, then you must attach the information requested in the

Brownfields FAQs, www.epa.gov/sites/production/files/2017-07/documents/fy18-arc-faqs.pdf. If not required, affirm that the site does not need a Property-Specific

Determination.

The following special classes of property require a “Property-Specific Determination” from

EPA to be eligible for brownfields funding:

properties subject to planned or ongoing removal actions under CERCLA;

properties with facilities that have been issued or entered into a unilateral administrative order, a court order, an administrative order on consent, or judicial consent decree or to which a permit has been issued by the United States or an authorized state under the

Resource Conservation and Recovery Act (RCRA), the Federal Water Pollution Control

Act (FWPCA), the Toxic Substances Control Act (TSCA), or the Safe Drinking Water

Act (SDWA);

properties with facilities subject to RCRA corrective action (§3004(u) or §3008(h)) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures;

properties that are land disposal units that have submitted a RCRA closure notification or that are subject to closure requirements specified in a closure plan or permit;

properties where there has been a release of polychlorinated biphenyls (PCBs) and all or part of the property is subject to TSCA remediation; and properties that include facilities receiving monies for cleanup from the Leaking

Underground Storage Tank (LUST) Trust Fund (see Appendix 1 for a definition of

LUST Trust Fund sites).

EPA’s approval of Property-Specific Determinations will be based on whether or not awarding a grant will protect human health and the environment and either promote economic development or enable the property to be used for parks, greenways, and similar recreational or nonprofit purposes. Property-Specific Determination requests must be attached to your proposal and do not count toward the 15-page limit for Narrative Proposals.

(See Appendix 1 for more information or contact your Regional Brownfields Contact listed in Section VII. if you think your site requires a Property-Specific Determination.)

6. Site Eligibility and Property Ownership Eligibility

Applicants eligible for brownfields funding cannot be liable for contamination on the site.

Site eligibility related to liability is determined differently at sites contaminated with hazardous substances than for sites contaminated by petroleum or petroleum product.

If the site is a hazardous substance site, please respond to all the items under (a).

If the site is a petroleum site, please respond to all the items under (b), including the requirement to provide a petroleum determination letter.

If the site is co-mingled with hazardous substances and petroleum contaminants, determine whether the predominant contaminant is hazardous substances or petroleum, and respond to the corresponding items (as noted above).

If applying for hazardous substances and petroleum funding at the same site, and the hazardous substances and petroleum contaminated areas of the site are distinguishable, the proposal…