epa-olem-oblr-20-07.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY21 GUIDELINES FOR BROWNFIELD CLEANUP GRANTS

ACTION: Request for Applications (RFA)

RFA NO.: EPA-OLEM-OBLR-20-07

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

DATE: The closing date and time for receipt of applications is October 28, 2020, 11:59 p.m.

Eastern Time (ET). Applications must be submitted through www.grants.gov. Applications received after 11:59 p.m. ET on October 28, 2020 will not be considered. Please refer to the Due Date and Submission Instructions in Section IV.B. and Appendix 1 for further instructions.

SUMMARY: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Brownfields Utilization, Investment, and Local Development (BUILD) Act (P.L. 115-141), 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 nonprofit organizations to prevent, inventory, assess, clean up, and reuse brownfield sites. This guidance provides information on applying for Cleanup Grants.

COVID-19 Update: EPA is providing flexibilities to applicants experiencing challenges related to COVID-19. Please see the Flexibilities Available to Organizations Impacted by COVID-19 clause in Section IV of EPA’s Solicitation Clauses at https://www.epa.gov/grants/epa-solicitation-clauses and the instructions outlined in Section IV.B. of this announcement.

Entities applying for a Fiscal Year 2021 (FY21) Cleanup Grant may not apply for an FY21 Multipurpose Grant (EPA-OLEM-OBLR-20-05) that are posted separately on www.grants.gov.

Entities that were awarded an FY19 Multipurpose Grant (EPA-OLEM-OBLR-18-08) may not apply for an FY21 Cleanup Grant under this solicitation.

Additionally, brownfield sites where EPA Cleanup Grant funds were previously expended may not receive additional EPA Cleanup Grant funding in FY21. An application for funding for a brownfield site where EPA Cleanup Grant funds were previously expended will be ineligible for funding under this competition.

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.

https://www.grants.gov/ https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/grants/epa-solicitation-clauses http://www.grants.gov/

EPA urges applicants to review the FY21 Brownfields Frequently Asked Questions (FAQs), which can be found at https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants.

In addition, prior to naming a contractor (including a consultant) or subrecipient in your application, please carefully review Section IV.H. of these guidelines.

FUNDING/AWARDS: EPA anticipates awarding an estimated 26 Cleanup Grants for an estimated $13 million, subject to the quality of applications received, availability of funds, and other applicable considerations.

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants

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. Supporting Environmental Justice

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 Cleanup Grants

SECTION IV. – APPLICATION SUBMISSION INFORMATION

IV.A. How to Obtain an Application Package IV.B. Due Date and Submission Instructions IV.C. Content and Form of Application Submission IV.D. Narrative Information Sheet IV.E. Narrative/Ranking Criteria

1. PROJECT AREA DESCRIPTION AND PLANS FOR REVITALIZATION

2. COMMUNITY NEED AND COMMUNITY ENGAGEMENT

3. TASK DESCRIPTIONS, COST ESTIMATES, AND MEASURING PROGRESS

4. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE

IV.F. Leveraging IV.G. Confidential Business Information IV.H. Additional Provisions for Applicants Incorporated into the Solicitation

SECTION V. – NARRATIVE REVIEW INFORMATION

V.A. Evaluation Criteria V.B. Other Factors and Considerations 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. Brownfield Programmatic Requirements VI.E. Disputes VI.F. Additional Provisions for Applicants Incorporated into the Solicitation

SECTION VII. – EPA REGIONAL BROWNFIELD PROGRAM CONTACTS

Appendix 1 Grants.gov Application Submission Instructions

A. Requirements to Submit Through Grants.gov and Limited Exception Procedures B. Submission Instructions C. Technical Issues with Submission

SECTION I. – FUNDING OPPORTUNITY DESCRIPTION

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was amended by the Small Business Liability Relief and Brownfields Revitalization Act in 2002 to include Section 104(k), which provides federal financial assistance authorities for brownfields revitalization, including grants for assessment, cleanup, and revolving loan funds. The Brownfields Utilization, Investment, and Local Development (BUILD) Act enacted in 2018 reauthorized EPA’s Brownfields Program and made additional amendments to CERCLA that affect EPA’s brownfield grant authorities, and ownership and liability provisions. (Note:

References to CERCLA in this solicitation refer to CERCLA as amended by the 2002 Small Business Liability Relief and Brownfields Revitalization Act and the 2018 BUILD Act.)

A brownfield site is defined in CERCLA § 101(39) 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 Brownfields Program 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.A. of this announcement, applications will be evaluated based on the extent to which the applicant demonstrates: a vision for the cleanup, reuse and redevelopment of brownfield sites and a strategy for leveraging resources to help accomplish the vision; the environmental, social, health and economic needs and benefits of the target area; strong community engagement; reasonable and eligible tasks and appropriate use of grant funding; the capacity for managing and successfully implementing the cooperative agreement; and other factors.

I.A. Description of Grant

Cleanup Grants provide funding to carry out cleanup activities on brownfield sites owned by the applicant.

• An applicant may only submit ONE Cleanup Grant application in the FY21 competition cycle.

• The maximum amount of EPA funds that will be awarded under a Cleanup Grant is $500,000. Applicants may propose to use up to $500,000 to clean up one brownfield site or to allocate up to $500,000 among multiple sites.

An applicant may request up to $500,000 to address hazardous substances1 and/or petroleum2 contamination at one or more brownfield sites. 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 application must address both eligibility criteria. If the hazardous substances and petroleum are co-mingled and not easily distinguishable, the applicant must indicate which contaminant is predominant and respond to the appropriate site eligibility criteria. An applicant cannot propose an alternate site if a site identified in the application is determined by EPA to be ineligible for funding. (Contact your Regional Brownfields Contact listed in Section VII. for more information.)

An applicant must be the sole owner of the site(s) that is the subject of its Cleanup Grant application and must own the site(s) by October 28, 2020, to be eligible to receive a Cleanup Grant. For the purposes of eligibility determinations in these guidelines only, the term “own” means fee simple title through a legal document (for example, a recorded deed); unless EPA approves a different ownership arrangement (for example, a nominee agreement or 99-year irrevocable lease). (Note: EPA strongly recommends contacting the Regional Brownfields Contact listed in Section VII. to ensure the proposed site(s) is eligible for funding prior to submitting your application.) EPA will find applicants ineligible if they do not meet the ownership requirement by October 28, 2020. If awarded a Cleanup Grant, the recipient must retain ownership of the site(s) for the duration of time in which Brownfields Cleanup Grant funds are disbursed for the cleanup of the site(s). Refer to threshold criterion Section III.B.3. and FY21 FAQs3 for additional information.

CERCLA requires applicants to provide a 20% cost share for Cleanup Grants. For example, a $200,000 Cleanup Grant will require a $40,000 cost share. The cost share, which may be in the form of a contribution of money, labor, material, or services, must be used for eligible and allowable costs under the grant, as described in the FY21 FAQs.

Government entities with populations of 50,000 and fewer, tribes, and nonprofit organizations may request a waiver of the 20% cost share requirement based on hardship. EPA will consider hardship waiver requests on a case-by-case basis and will approve such requests on a limited basis. Refer to the threshold criterion in Section III.B.13. for additional information on cost share waivers.

Cleanup Grant applicants must have an ASTM E1903-19 Phase II environmental site assessment report(s) or equivalent site investigation report(s) complete that indicates a basic understanding of what contaminants need to be cleaned up on each site, even if further Phase II assessment

1 Hazardous substance sites eligible for 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 lands. For more information on hazardous substances sites eligible for funding, please refer to the FY21 FAQs.

2 Petroleum sites eligible for funding are those sites that meet the definition set forth in CERCLA § 101(39)(D)(ii)(II), as further described in Section 1.3.2.in the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k).

3 The FY21 Brownfields Frequently Asked Questions (FAQs) are available at https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants.

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants work is required prior to application submission. Refer to threshold criterion Section III.B.7. for additional information.

For examples of grant project accomplishments across the country, please see the EPA Brownfield Grant Recipients Success Stories.4 For more information on a range of brownfield funding topics, please refer to the FY21 FAQs.

I.B. Uses of Grant Funds

In addition to direct costs associated with the cleanup of a brownfield site, grant funds may be used for:

1. Direct costs associated with programmatic management of the grant, such as required performance reporting, cleanup oversight, and environmental monitoring of cleanup work.

All costs charged to Cleanup Grants must be consistent with the requirements at 2 CFR Part 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 and the Health Monitoring Fact Sheet5) may use up to 10% of its grant funds for the following activities:

a. health monitoring of populations exposed to hazardous substances from a brownfield site;

and

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

3. A portion of the Brownfields Grant may be used to purchase environmental insurance. (See the FY21 FAQs for additional information on purchasing environmental insurance.)

Grant funds cannot be used for the payment of:

1. Direct costs for proposal preparation;

2. a penalty or fine;

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

4. administrative costs, including all indirect costs and direct costs for grant administration in excess of five (5) percent of the total amount of EPA grant funding, with the exception of financial and performance reporting costs (which are considered allowable programmatic costs and not subject to the 5% limitation);

4 The Brownfield Grant Recipient Success Stories are available at https://www.epa.gov/brownfields/brownfield-grant-recipient-success-stories.

5 The Health Monitoring Fact Sheet is available at https://www.epa.gov/brownfields/brownfields-public-health-and-health-monitoring.

https://www.epa.gov/brownfields/brownfield-grant-recipient-success-stories https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/brownfields-public-health-and-health-monitoring https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/brownfield-grant-recipient-success-stories https://www.epa.gov/brownfields/brownfield-grant-recipient-success-stories https://www.epa.gov/brownfields/brownfields-public-health-and-health-monitoring https://www.epa.gov/brownfields/brownfields-public-health-and-health-monitoring

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.

See the FY21 FAQs for additional information on ineligible grant activities and unallowable costs.

I.C. EPA Strategic Plan Linkage

The activities to be funded under this announcement support EPA’s FY 2018-2022 Strategic Plan.6 Awards made under this announcement will support Goal 1 – A Cleaner, Healthier Environment, Objective 3 – Revitalize Land and Prevent Contamination of EPA’s Strategic Plan.

All applications must be for projects that support the goal and objective.

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

EPA requires that applicants adequately describe environmental outputs and outcomes to be achieved under assistance agreements.7 Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to the goal and objective 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 in Section IV.E. Outputs and outcomes specific to each project will be identified as deliverables in the negotiated workplan if the application is selected for award. Recipients 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 are cleaned up brownfield sites. Other outputs may include the number of community meetings held, the number of Analyses of Brownfield Cleanup Alternatives (ABCA) completed, the number of community involvement and cleanup plans completed, and/or the number of underground storage tanks pulled.

6 EPA’s Strategic Plan is available at https://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan.

7 EPA Order 5700.7, EPA’s Policy for Environmental Results under EPA Assistance Agreements is available at https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements.

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan https://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan https://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan https://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements

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 Brownfield Grants include the number of jobs created and funding leveraged through the economic reuse of sites; the number of acres made ready for reuse; acres of greenspace created for communities; and the minimized exposure to hazardous substances and petroleum contamination.

I.E. Supporting Environmental Justice

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.8

Environmental justice can be supported through equitable development approaches and intentional strategies 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 of contractor or subrecipient employees provided the recipient does not impose geographic preferences for procurements in violation of 2 CFR 200.319(b); minority contracting pursuant to 40 CFR Part 33; 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.

Applicants should discuss and provide specific examples of how the proposed Brownfields Cleanup Grant project will address environmental justice challenges in Section IV.E.

SECTION II. – AWARD INFORMATION

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

The estimated total funding available for Cleanup Grants under this solicitation is approximately

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

http://www.epa.gov/environmentaljustice

$13 million and EPA anticipates awarding an estimated 26 Cleanup Grants, up to $500,000 each, subject to the availability of funds, quality of applications, and other applicable considerations.

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 decisions. EPA reserves the right to reject all applications and make no awards under this announcement or make fewer awards than anticipated.

In appropriate circumstances, EPA reserves the right to partially fund applications 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 an application, will do so in a manner that does not prejudice any applicants or affect the basis upon which the application, 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 Cleanup Grants is up to three years.

II.C. Substantial Involvement

The Brownfields Cleanup 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 includes:

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

• collaborating during the performance of the scope of work;

• in accordance with 2 CFR § 200.317 and 2 CFR § 200.318, as appropriate, review of proposed procurements;

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

• reviewing and commenting on reports prepared under the cooperative agreement (the final decision on the content of reports rests with the recipient).

SECTION III. – ELIGIBILITY INFORMATION AND THRESHOLD

CRITERIA

III.A. Who Can Apply?

The following information indicates which entities are eligible to apply for a Cleanup Grant.

• 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 the FY21 FAQs.)

• Nonprofit organization described in section 501(c)(3) of the Internal Revenue Code.

• Limited liability corporation in which all managing members are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations.

• Limited partnership in which all general partners are 501(c)(3) nonprofit organizations or limited corporations whose sole members are 501(c)(3) nonprofit organizations.

• Qualified community development entity as defined in section 45D(c)(1) of the Internal Revenue Code of 1986.

• Other nonprofit organizations. (For the purposes of the Brownfields Grant Program, the term “other nonprofit organization” means any corporation, trust, association, cooperative, or other organization that is operated mainly for scientific, educational, service, charitable, or similar purpose in the public interest and is not organized primarily for profit; and uses net proceeds to maintain, improve, or expand the operation of the organization. The term includes nonprofit colleges, universities, and other educational institutions.)

Note, individual entities, for-profit organizations, and nonprofit organizations exempt from taxation under section 501(c)(4) of the Internal Revenue Code that lobby are not eligible to receive Brownfields Grants.

III.B. Threshold Criteria for Cleanup Grants

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive a Cleanup Grant and that the proposed site(s) is eligible for funding. Threshold criteria are pass/fail and are based on certain requests for information identified below. The information you submit will be used by EPA solely to make eligibility determinations for Brownfield Grants and https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants is not legally binding for other purposes including federal, state, or tribal enforcement actions.

Only those applications that pass all the threshold criteria will be evaluated against the evaluation criteria in Section V.A. of this announcement.

Applicants may not submit multiple applications under this solicitation. Applicants who submit more than one application (i.e., submit applications for different projects) will be contacted by EPA prior to application review to determine which application(s) will be withdrawn.

Entities applying for an FY21 Cleanup Grant may not apply for an FY21 Multipurpose Grant (EPA-OLEM-OBLR-20-05). Applicants that exceed the number and type of applications allowable will be contacted, prior to review of any of the applications by EPA, to determine which application(s) the applicant will withdraw from the competition.

Entities that were awarded an FY19 Multipurpose Grant (EPA-OLEM-OBLR-18-08) may not apply for an FY21 Cleanup Grant under this solicitation.

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 an application is submitted that includes any ineligible tasks, activities, or site(s), that portion of the application will be ineligible for funding and may, depending on the extent to which it affects the application, render the entire application ineligible for funding.

EPA staff will respond to questions regarding threshold eligibility criteria, administrative issues related to the submission of the application, and requests for clarification about this announcement. For purposes of the threshold eligibility review, EPA, if necessary, may seek clarification of applicant information that is included in the application and/or consider information from other sources, including EPA files. Such communications shall not be used to correct application deficiencies or material omissions, materially alter the application or project proposed, or discuss changes to the applicant’s responses to any evaluation or selection criteria.

In order to maintain the integrity of the competition process, EPA staff cannot meet with individual applicants to discuss draft applications, provide informal comments on draft applications, 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 Policy for Competition of Assistance Agreements.9

Applications must substantially comply with the submission instructions and requirements set forth in Section IV. of this announcement or they will be rejected. Pages exceeding the page limits described in Section IV.C. for the Narrative Information Sheet and the Narrative, and attachments not specifically required, will not be reviewed.

In addition, applications must be submitted through www.grants.gov as stated in Section IV. and Appendix 1 of this announcement (except in the limited circumstances where another mode of

9 EPA Order 5700.5A1, EPA’s Policy for Competition of Assistance Agreements is available at https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements.

https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements https://www.grants.gov/ https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements submission is specifically allowed for as explained in Appendix 1) on or before the application submission deadline. Applicants are responsible for following the submission instructions in Section IV. and Appendix 1 of this announcement to ensure that their application is submitted on time.

Applications 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 application 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/department. If the correct DUNS number is not included in the application, the application may be deemed ineligible. Applicants need to ensure that the correct Authorized Organization Representative (AOR) and DUNS number of the entity that will receive the award and will be held accountable by EPA for the proper expenditure of funds are listed on the application.

Responses to each item below are required and must be included as an attachment to the Narrative that is included in the application submitted to EPA. See Section IV.C. for a complete list of required documents that must be submitted.

1. Applicant Eligibility

Provide information that demonstrates how you are an eligible entity for a Cleanup Grant as specified in Section III.A., Who Can Apply?

• For entities that are cities, counties, tribes, or states, affirm that the organization is eligible for funding.

• For government entities other than cities, counties, tribes, or states, attach documentation of your eligibility (e.g., resolutions, statutes, etc.).

• For nonprofit organizations, or organizations comprised of nonprofit organizations, provide documentation as an attachment to the Narrative demonstrating tax-exempt status under section 501(c)(3) of the Internal Revenue Code. Note that nonprofit organizations not exempt from taxation under section 501(c)(3) of the Internal Revenue Code must submit other forms of documentation of nonprofit status; such as certificates of incorporation as nonprofit under state or tribal law.

• For qualified community development entities, provide documentation as an attachment to the Narrative certifying the organization’s status.

2. Previously Awarded Cleanup Grants Brownfield sites where EPA Cleanup Grant funds were previously expended may not receive additional EPA Cleanup Grant funding in FY21. An application for funding for a brownfield https://www.grants.gov/ https://www.sam.gov/SAM/ https://www.grants.gov/ https://www.sam.gov/SAM/ site where EPA Cleanup Grant funds were previously expended will not be eligible for funding under this competition.

Affirm that the proposed site(s) has not received funding from a previously awarded EPA Brownfields Cleanup Grant.

If you are applying for multiple sites, threshold criteria responses must include responses to items 3. – 12. for each site.

3. Site Ownership To be eligible to receive a Cleanup Grant the applicant must be the sole owner of the site that is the subject of its Cleanup Grant application and must own the site by October 28, 2020.

For the purposes of Brownfields Cleanup Grant eligibility determinations, the term “own” means fee simple title through a legal document (for example, a recorded deed); unless EPA approves a different ownership agreement (for example, a nominee agreement or 99-year irrevocable lease). (EPA strongly recommends contacting the Regional Brownfields Contact listed in Section VII. to ensure the proposed site is eligible for funding prior to submitting your application.) EPA will find applicants ineligible if they do not meet the ownership requirement by October 28, 2020. If awarded a Cleanup Grant, the recipient must retain ownership of the site(s) for the duration of time in which Brownfields Cleanup Grant funds are disbursed for the cleanup of the site(s).

4. 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 (if you are not the current owner, the date you plan to acquire ownership of the site).

5. Status and History of Contamination at the Site Identify: a) whether this site is contaminated by hazardous substances or petroleum; 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.

6. Brownfields Site Definition To be eligible for Brownfields Grant funding, sites must meet the definition of a brownfield under CERCLA § 101(39) as described in the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k).10 The following types of properties are not eligible for Brownfields Grant 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.

10 Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k) is available at https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k.

https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k government. (Note: Land held in trust by the U.S. government for an Indian tribe is eligible for 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. (Please refer to CERCLA §§ 101(39)(B)(ii), (iii), and (vii) and the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k).)

7. Environmental Assessment Required for Cleanup Grant Applications

A written ASTM E1903-19 or equivalent Phase II environmental site assessment report (a draft report is sufficient) must be completed prior to application submission. Equivalent reports include site investigations or remedial action plans developed for a state cleanup program or Office of Surface Mining surveys for mine-scarred lands. Describe the type of environmental assessments conducted at your proposed site (do not attach assessment reports). Provide the date of the Phase II or equivalent report. Contact your Regional Brownfields Contact listed in Section VII. if you have questions.

8. Enforcement or Other Actions Identify known ongoing or anticipated environmental enforcement or other actions related to the site for which Brownfields Grant funding is sought. If there are known ongoing or anticipated environmental enforcement or other actions related to the site, 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, or the site’s eligibility.

Alternatively, affirm there are no known ongoing or anticipated environmental enforcement or other actions related to the site for which Brownfields Grant funding is sought.

9. Sites Requiring a Property-Specific Determination Certain types of sites require a property-specific determination in order to be eligible for Brownfields Grant funding. Please refer to Section 1.5 in the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k) 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 FY21 FAQs. 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 Grant 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 https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants 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 the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k) 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 included in your application as an attachment and do not count toward the 10-page limit for the Narrative. (See the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k) for more information or contact your Regional Brownfields Contact listed in Section VII. if you think your site requires a Property-Specific Determination.)

10. Threshold Criteria Related to CERCLA/Petroleum Liability Entities liable for contamination on the site(s) are not eligible for Brownfields Grant funding.

The following items are intended to help EPA ensure that you are not liable under CERCLA § 107 for response costs at the site(s) designated in your Narrative, or determine, if necessary, that your site(s) is eligible for funding as a petroleum site(s). Please respond to the following items fully and in the order that they appear. Note, based on your responses, EPA may need to obtain additional information to make a determination.

If the site is contaminated with hazardous substances, please respond to all the items under a.

If the site is contaminated with petroleum or petroleum product, 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 the site is contaminated with hazardous substances and petroleum, and the hazardous substances and petroleum contaminated areas of the site are distinguishable, respond to all https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k the items under a. and b., including the requirement to provide a petroleum determination letter.

a. Property Ownership Eligibility – Hazardous Substance Sites

For sites contaminated by hazardous substances, persons, including government entities, who may be found liable for the contamination under CERCLA § 107 are not eligible for grants. Liable parties may include all current owners and operators, former owners and operators of the site at the time of disposal of hazardous substances, and parties that arranged for, or contributed to, the disposal or treatment of hazardous substances on the site. Therefore, even owners who did not cause or contribute to the contamination may be held liable.11

To be eligible for a Brownfields Grant to address hazardous substances at a brownfield property, eligible entities must demonstrate that they:

• Are exempt from CERCLA liability; or

• Qualify for funding because the property was publicly owned and acquired prior to January 11, 2002; or

• Meet the requirements for asserting an affirmative defense to CERCLA liability through one of the landowner liability protections (e.g., the bona fide prospective purchaser liability protection per CERCLA § 101(40)).

Please review sections i., ii., and iii. below and only provide responses to the section that pertains to your circumstance.

For additional information on the CERCLA liability framework and protections that may apply to local government acquisitions of contaminated property, see EPA’s Guidance:

Superfund Liability Protections for Local Government Acquisitions.12

i. EXEMPTIONS TO CERCLA LIABILITY

(1) Indian Tribes EPA has not considered Indian tribes to be liable under CERCLA and, therefore, tribes are exempt from demonstrating that they meet the requirements of a CERCLA liability defense to be eligible for a Brownfields Grant.

Affirm the applicant is an Indian tribe and is therefore exempt from demonstrating that they meet the requirements of a CERCLA liability defense.

11 Note that under Section 7 of the BUILD Act, a government entity that acquired property prior to January 11, 2002 is eligible for Brownfields Grant funding even if it does not qualify as a BFPP, so long as the entity did not cause or contribute to the release or threat of release of a hazardous substance at the property.

12 EPA’s Guidance: Superfund Liability Protections for Local Government Acquisitions is available at https://www.epa.gov/enforcement/guidance-superfund-liability-protections-local-government-acquisitions.

https://www.epa.gov/enforcement/guidance-superfund-liability-protections-local-government-acquisitions https://www.epa.gov/enforcement/guidance-superfund-liability-protections-local-government-acquisitions https://www.epa.gov/enforcement/guidance-superfund-liability-protections-local-government-acquisitions

(2) Alaska Native Village Corporations and Alaska Native Regional Corporations Alaska Native Village Corporations and Alaska Native Regional Corporations that acquired title to property from the U.S. Government under the Alaska Native Claims Settlement Act are excluded from the CERCLA definition of ‘owner/operator’ and are therefore exempt from CERCLA liability for any previous contamination at the property provided that the Alaska Native Village Corporation or Alaska Native Regional Corporation did not cause or contribute to the release or threated release of a hazardous substance. Entities that satisfy these conditions are eligible for a Brownfields Grant.

Note, Alaska Native Village Corporations and Alaska Native Regional Corporations that purchased the subject property must respond to section ii. or section iii. below as appropriate.

Provide the following to demonstrate that the Alaska Native Village Corporation or Alaska Native Regional Corporation is exempt from CERCLA liability:

(a) Describe in detail the circumstances of the acquisition.

(b) Provide the date on which property was acquired.

(c) Identify whether you caused or contributed to any release of hazardous substances at the site.

(3) Property Acquired Under Certain Circumstances by Units of State and Local Government Per CERCLA § 101(20)(D), state and local units of government that acquired ownership or control of a property by any of the circumstances listed below and did not cause or contribute to the release or threated release of a hazardous substance at the property, are exempt from liability for any previous contamination at that property and, therefore, do not have to demonstrate that they meet the requirements of a CERCLA liability defense to be eligible for a Brownfields Grant. Such circumstances include:

• Seizure or in connection with law enforcement activity;

• Bankruptcy;

• Tax delinquency; or

• Abandonment.

Further, EPA will treat acquisitions by escheat and inter-governmental transfers through uniquely governmental functions as exempt from liability if the other conditions in CERCLA § 101(20)(D) are met.

See the FY21 FAQs for additional information on the types of acquisitions that are not exempt from CERCLA liability.

Provide the following to demonstrate that the State or local government is exempt from CERCLA liability:

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants

(a) Describe in detail the circumstances (from the list above) under which the property was acquired.

(b) Provide the date on which the property was acquired.

(c) Identify whether all disposal of hazardous substances at the site occurred before you acquired the property.

(d) Affirm that you have not caused or contributed to any release of hazardous substances at the site.

(e) Affirm that you have not, at any time, arranged for the disposal of hazardous substances at the site or transported hazardous substances to the site.

ii. EXCEPTIONS TO MEETING THE REQUIREMENTS FOR ASSERTING AN

AFFIRMATIVE DEFENSE TO CERCLA LIABILITY

(1) Publicly Owned Brownfield Sites Acquired Prior to January 11, 2002 Per CERCLA § 104(k)(3)(E), if an applicant that is a public entity (such as a state or local government) acquired property prior to January 11, 2002, the applicant is eligible for a Brownfields Grant and may use grant funds to address contamination at the property, even if the entity does not qualify as a bona fide…