epa-olem-oblr-20-06.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY21 GUIDELINES FOR BROWNFIELD ASSESSMENT GRANTS

ACTION: Request for Applications (RFA)

RFA NO.: EPA-OLEM-OBLR-20-06

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 Assessment 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) Assessment 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 Assessment Grant under this solicitation.

Current EPA Brownfields Assessment Grant recipients must demonstrate that payment has been received from EPA (also known as ‘drawn down’) for at least 70% of each Assessment cooperative agreement they have with EPA by October 1, 2020, in order to apply for additional Assessment Grant funding under this solicitation.

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 87 Assessment Grants for an estimated $32 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 Assessment Grants III.C. Additional Threshold Criteria for Site-Specific Applications Only

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 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

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

Conducting Brownfields Planning & Developing Site Reuse Plans Successful brownfields reuse and redevelopment often depends on early consideration of the range of potential future uses for each brownfield site. Local community priorities, market conditions, infrastructure availability, environmental contamination, public health issues, and local ordinances shape brownfield site reuse opportunities. Having a site reuse plan grounded in these local conditions will directly influence how that site is characterized, assessed, and cleaned up.

Where multiple sites are connected through location, infrastructure, economic, social, and environmental conditions, EPA encourages communities to take an area-wide approach to planning for the assessment, cleanup, and reuse of these brownfield sites. This focus on multiple brownfield sites will result in more coordinated strategies for cleanup and area revitalization versus a site-by-site focus. For more information on site reuse plans and examples of eligible planning activities, please refer to the FY21 FAQs1 and Planning Program Fact Sheets.2

Summary of Assessment Grant Options

Applicants may apply for a Community-wide and/or a Site-specific Assessment Grant, or apply as part of an Assessment Coalition.

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

• Site-specific Assessment Grants are appropriate when a specific site is identified and the applicant plans to spend grant funds on this one site only.

• Assessment Coalition Grants are appropriate when three or more eligible entities plan to perform Assessment Grant activities on at least five brownfield sites within their communities.

Applicants that exceed the number of applications allowable for Assessment Grants 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. The table below summarizes the funding parameters for each type of Assessment Grant.

1. Community-Wide 2. Site-Specific 3. Coalition Up to $300,000 to address sites contaminated by hazardous substances and/or petroleum

Note, for the purposes of this solicitation, the cost of assessment activities on an individual site may not exceed $200,000 per grant

Up to $200,000 to address a site contaminated by hazardous substances and/or petroleum

Up to $600,000 to address sites contaminated by hazardous substances and/or petroleum

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

No waiver of funding limit

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

May only apply for one Site- Specific Assessment Grant; may also apply for one Community-wide Grant; may not apply as a member of a coalition

May only apply for one Assessment Coalition Grant;

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

1 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.

2 The Planning Program Fact Sheets are available at https://www.epa.gov/brownfields/information-eligible-planning-activities.

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

1. Community-Wide Assessment Grants

Applicants may request up to $300,000 to address sites contaminated by hazardous substances3 (i.e., sites with potential contamination of hazardous substances, pollutants, or contaminants) and/or petroleum4 (i.e., sites with potential petroleum contamination). For the purposes of this solicitation, the cost of assessment activities carried out at each approved, eligible site may not exceed $200,000 per grant. Applicants can apply for only one Community-wide Assessment Grant. An applicant that applies for Community-wide Assessment Grant funding may also apply for a Site-specific Assessment Grant, but may not apply for or be a member of an Assessment Coalition Grant.

2. Site-Specific Assessment Grants

Applicants may request up to $200,000 to address hazardous substances3 and/or petroleum4 contamination at a specified site. Applicants can apply for only one Site-specific Assessment Grant and applicants must respond to the additional threshold criteria in Section III.C.

concerning site eligibility and eligibility related to the type of 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 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. (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 application is determined by EPA to be ineligible for Brownfields Grant 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 the threshold criterion in Section III.C.7. for additional information.

An applicant that submits a Site-specific Assessment Grant application may also apply for a Community-wide Assessment Grant, but may not apply for or be a member of an Assessment Coalition Grant.

3 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.

4 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).

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

3. Assessment Coalition Grants

Assessment Coalitions are designed for one “lead” eligible entity to partner with two or more eligible entities that have limited capacity to manage their own EPA cooperative agreement (see Section III.A. for a list of entities eligible to apply for an Assessment Grant). The lead applicant submits up to one application on behalf of the coalition members and may request funding up to $600,000 to address sites contaminated by hazardous substances5 (i.e., sites with potential contamination of hazardous substances, pollutants, or contaminants) and/or petroleum6 (i.e., sites with potential petroleum contamination). 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 an affiliated nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code).

If selected, the lead entity will be the grant recipient and must administer the grant, be accountable to EPA for the proper expenditure of the funds, and be the point of contact for the other coalition members. All Assessment Coalition Grant applications must be community-wide; therefore, the applicant does not need to respond to the site eligibility threshold criteria in Section III.C. Site eligibility will be determined by EPA after grant award and prior to expending grant funds at any site. Assessment Coalitions will be required to assess a minimum of five sites, including at least one site in each coalition member’s jurisdiction.

Coalition members may not be members of other coalitions, nor submit an application as an individual applicant, in the FY21 competition cycle. A coalition member wishing to apply as part of a different coalition or as an individual applicant must withdraw from the coalition.

Please note that once the lead entity submits the application, it becomes the applicant and the coalition members may not substitute another eligible entity as the lead entity after the deadline for submitting applications 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 are awarded. 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, including 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.

5 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.

6 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).

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

For examples of grant project accomplishments across the country, please see the EPA Brownfield Grant Recipients Success Stories.7 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 inventory, site prioritization, community involvement, site reuse planning, assessment, and cleanup planning for brownfield sites, grant funds may be used for:

1. 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 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 Sheet8) 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);

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

8 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.9 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.10 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 may include but are not limited to the number of brownfield sites identified in inventories, development of an area-wide plan, number of Phase I and Phase II environmental site assessments, and number of community meetings held.

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

10 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.11

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 Assessment Grant project will address environmental justice challenges in Section IV.E.

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

http://www.epa.gov/environmentaljustice

SECTION II. – AWARD INFORMATION

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

The estimated total funding available for Assessment Grants under this solicitation is approximately $32 million and EPA anticipates awarding an estimated 87 Assessment Grants 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 Assessment Grants is up to three years.

II.C. Substantial Involvement

The Brownfields 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 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);

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

• reviewing the selection of proposed sites to verify sites 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.

• 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.

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 Assessment Grants

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive an Assessment Grant. Threshold criteria are pass/fail and are based on certain requests for https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants information identified below. The information you submit will be used by EPA solely to make eligibility determinations for Brownfield Grants and 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.

Entities applying for an FY21 Assessment 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 Assessment Grant under this solicitation.

Coalition members may not be members of other coalitions, nor submit an application as an individual applicant, in the FY21 competition cycle. A coalition member wishing to apply as part of a different coalition or as an individual applicant must withdraw from the coalition.

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 or activities, 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.12

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.

12 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.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements

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 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.

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

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 an Assessment 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.).

• Assessment Coalitions must document how all coalition members are eligible entities.

All coalition members must submit a signed letter to the grant applicant (the 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. Include the document(s), as an attachment, in your application.

• 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.

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

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

2. Community Involvement

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

3. Expenditure of Assessment Grant Funds

Current EPA Brownfields Assessment Grant recipients must demonstrate that payment has been received from EPA (also known as ‘drawn down’) for at least 70% of each Assessment cooperative agreement they have with EPA by October 1, 2020, in order to apply for additional Assessment Grant funding under this solicitation.

In order to demonstrate this, applicants must attach a copy of a financial record displaying the amount of cooperative agreement funds drawn down (e.g. a report from the Automated Standard Application for Payments (ASAP) or general ledger entries). If necessary, applicants may contact the assigned EPA project officer for the Assessment Grant(s) or Jerry Minor-Gordon (minor-gordon.jerry@epa.gov) to obtain draw down information from EPA’s grant financial database (Compass Data Warehouse).

Alternately, the applicant must affirm it does not have an active EPA Brownfields Assessment Grant.

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

In addition to the threshold criteria listed above in Section III.B., applicants applying for Assessment Grant funding for a specific site must provide the information outlined below. The following items provide important information related to determining if a proposed site is eligible for Brownfields Grant 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 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.

3. 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 mailto:minor-gordon.jerry@epa.gov

Funding under CERCLA § 104(k).13 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.

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).)

4. 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.

5. 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;

13 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 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

• 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 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.)

6. Threshold Criteria Related to CERCLA/Petroleum Liability Entities liable for contamination on the site 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).

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

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 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.14

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…