EPA-I-OLEM-OBLR-22-08 RFA.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY23 GUIDELINES FOR BROWNFIELD REVOLVING LOAN FUND

GRANTS

ACTION: Request for Applications (RFA)

RFA NO.: EPA-I-OLEM-OBLR-22-08

ASSISTANCE LISTING NO.: 66.818

DATE: The closing date and time for receipt of applications is November 22, 2022, 11:59 p.m.

Eastern Time (ET). Applications must be submitted through www.grants.gov. Applications received after 11:59 p.m. ET on November 22, 2022, will not be considered. Please refer to the Due Date and Submission Instructions in Section IV.B. and Appendix 1 for further instructions.

EPA continues to provide flexibility 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 Clauses1 and the instructions outlined in Section IV.B. of this announcement.

FUNDING/AWARDS: EPA anticipates awarding an estimated 10 RLF Grants for an estimated total of $10 million, subject to the quality of applications received, availability of funds, and other applicable considerations.

1 EPA’s Solicitation Clauses are available at www.epa.gov/grants/epa-solicitation-clauses.

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

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 I.F. Additional Provisions for Applicants Incorporated Into the Solicitation

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 RLF 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 . 29

4. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE

IV.F. Leveraging IV.G. Confidential Business Information

SECTION V. – NARRATIVE REVIEW INFORMATION

V.A. Evaluation Criteria V.B. Other Factors and Considerations V.C. Review and Selection Process

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

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 D. Application Materials

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 (Public Law 115-

141) 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.) EPA’s Brownfields Program provides funds to empower states, tribal nations, communities, and nonprofit organizations to prevent, inventory, assess, clean up, and reuse brownfield sites. This guidance provides information on applying for Revolving Loan Fund (RLF) Grants. This program is being funded by the Infrastructure Investment and Jobs Act (Public Law 117-58, the “Bipartisan Infrastructure Law”).

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 benefit 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.

EPA expects that funding awarded will advance the Biden Administration’s Justice40 priorities which promises to deliver at least 40 percent of the overall benefits from key federal investments to disadvantaged communities.2

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

2 Disadvantaged – Consideration of appropriate data, indices, and screening tools to determine whether a specific community is disadvantaged should be based on a combination of variables that may include, but are not limited to, the following: low income, high and/or persistent poverty; high unemployment and underemployment; racial and ethnic residential segregation, particularly where the segregation stems from discrimination by government entities;

linguistic isolation; high housing cost burden and substandard housing; distressed neighborhoods; high transportation cost burden and/or low transportation access; disproportionate environmental stressor burden and high cumulative impacts; limited water and sanitation access and affordability; disproportionate impacts from climate change; high energy cost burden and low energy access; jobs lost through the energy transition; and access to healthcare. Office of Management and Budget’s Interim Implementation Guidance for the Justice40 Initiative Memo (July 20, 2021). www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf community engagement; reasonable costs, eligible tasks, and appropriate use of grant funding;

the capacity for managing and successfully implementing the cooperative agreement; and other factors.

Prior to naming a contractor (including a consultant) or subrecipient in your application, please carefully review Section III.B.7. of these guidelines, Section IV of EPA’s Solicitation Clauses, and Section D. in the FY23 Brownfields Frequently Asked Questions (FAQs).3

For the purposes of these guidelines, the term “grant” refers to the cooperative agreement that EPA will award to a successful applicant. Please refer to Section II.C. for a description of EPA’s anticipated substantial involvement in the cooperative agreements awarded under these guidelines.

EPA urges applicants to review the FY23 FAQs.

I.A. Description of Grant

Revolving Loan Fund (RLF) Grants provide funding to a grant recipient to capitalize an RLF program. RLF programs provide loans and subgrants to eligible entities to carry out cleanup activities at brownfield sites contaminated with hazardous substances4 and/or petroleum5. Site eligibility will be determined by EPA after grant award and prior to expending grant funds at any site. Sites where hazardous substances and petroleum contamination are distinguishable must meet eligibility requirements for both contaminants.

Only eligible entities who do not have, or are not a part of (i.e., a coalition member), an open cooperative agreement for a Brownfields RLF at the time of application may apply for funding under this solicitation. An “open” cooperative agreement is one in which the Period of performance, as defined in 2 CFR § 200.1, has not yet ended. The period of performance is specified in EPA’s initial or amended “Notice of Award.”

Note for grant recipients who do have an open cooperative agreement for a Brownfields RLF:

Grant recipients with an open cooperative agreement will be given the opportunity to request additional funding to capitalize their RLF program through the Brownfields Program’s annual, non-competitive, supplemental funding process. As of Fiscal Year 2022 (FY22), instead of extending the existing RLF cooperative agreement period of performance when providing supplemental funding, EPA may choose to award a new RLF Grant. Additional information on the timing, requirements, and procedures for supplemental funding requests will be available on EPA’s Brownfields Program Website (www.epa.gov/brownfields/brownfields-revolving-loan-fund-rlf-grants).

3 The FY23 Brownfields Frequently Asked Questions (FAQs) are available at www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants.

4 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, please refer to the FY23 FAQs.

5 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).

http://www.epa.gov/grants/epa-solicitation-clauses http://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants http://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/brownfields-revolving-loan-fund-rlf-grants https://www.epa.gov/brownfields/brownfields-revolving-loan-fund-rlf-grants https://www.epa.gov/brownfields/brownfields-revolving-loan-fund-rlf-grants http://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants http://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

Summary of RLF Grant Options

Individual Entity Coalition Maximum amount of funding request

Up to $1,000,000 for hazardous substances and/or petroleum

20% cost share Consistent with the direction on cost sharing in the Bipartisan Infrastructure Law, the 20% cost share is waived for all applicants Project Period 5 years

Revolving loan funds are used to provide no-interest or low-interest loans for eligible brownfield cleanups, subgrants for cleanups, and other eligible programmatic costs necessary to manage the RLF. An RLF Grant recipient must use 50% or more of the total amount of EPA grant funding to provide loans for the cleanup of eligible brownfield sites and associated eligible programmatic capability. The remaining EPA funding may be used for eligible programmatic costs, including issuing and managing subgrants to clean up eligible brownfield sites.

An RLF Grant recipient may discount loans, also referred to as the practice of forgiving a portion of loan principal. For an individual loan, the amount of principal discounted may be any percentage of the total loan amount up to 50%, provided that the total amount of the principal forgiven for that loan shall not exceed $500,000 per site. Eligible entities and nonprofit organizations described in Section III.A. are eligible for discounted loans. Private, for-profit entities are not eligible for discounted loans. In addition, a discounted loan shall not be used in combination with a subgrant at the same site. The discounted portion of a loan applies towards the subgrant limit described in the previous paragraph.

RLF Grant recipients may not subgrant or provide a discounted loan to themselves (i.e., to cleanup a site the RLF recipient itself owns even if the site is owned by another agency within the same unit of government). Unlike intra-governmental loans, intra-governmental subgrants and intra-governmental discounted loans are not allowed under the RLF program. For example, if the RLF recipient is a city, then it cannot subgrant to its city development agency that is subject to the same elected or appointed (i.e., a city manager) chief executive’s direct supervision and control. However, if the city redevelopment agency is a separate legal entity that is not subject to the chief executive’s direct supervision and control, it may be eligible. These eligibility determinations are made on a case-by-case basis since state and local laws vary widely. However, the RLF Grant recipient may subgrant to other coalition members if EPA awards an RLF Coalition Grant.

Subgrants are limited to $500,000 per site. Entities receiving RLF subgrants must own the subject site throughout the period of performance of the subgrant, but borrowers are not subject to the same requirement. An RLF Grant recipient cannot make a loan or a subgrant to a party who may be found to be potentially liable for the contamination at the brownfield site, per CERCLA § 107, and the borrower or subgrantee may not be affiliated with a potentially liable person as described in CERCLA §§101(40)(H) and 107(q)(1)(A)(ii). In addition, the RLF Grant recipient may not make a loan or subgrant to clean up a site for which the recipient (or a coalition member in the case of RLF Coalition Grants) is potentially liable under CERCLA § 107.

Some features of the RLF Grants are:

• RLF programs are designed to operate for many years (possibly decades) and as such, they require long-term resource commitments by the RLF Grant recipients and ongoing reporting to the EPA, even after the RLF Grant is closed.

• Recipients need to have a strong understanding of real estate financing principles and approaches, including loan underwriting, loan servicing, and credit analysis.

• Recipients need to have the ability to market the RLF program on an ongoing basis during the performance period of the grant and after the closeout of the RLF Grant.

• Recipients must commit to properly manage funds and program income generated by their RLF program in perpetuity, unless they terminate their Closeout Agreement (COA) and return any remaining program income to EPA. Program income for the RLF shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award, or earned while the cooperative agreement and/or COA are in effect. Program income includes principal repayments, interest earned on outstanding loan principal, interest earned on accounts holding RLF program income not needed for immediate lending, all loan fees and loan-related charges received from borrowers and other income generated from RLF operations including proceeds from the sale, collection, or liquidations of assets acquired through defaults of loans.

o The majority of program income is generated from the repayments of loans issued by the RLF program.

o Advances of cooperative agreement funds and program income must be held in an interest-bearing account. Interest earned is considered additional program income.

o Loan repayment terms can be short- or long-term, i.e., a few years to decades;

hence, the program income can be generated over several years.

o Program income must be used in accordance with the terms and conditions of the cooperative agreement including the COA. EPA prefers that the program income be used for future loans.

o Program income may be retained and used after the end of the cooperative agreement in accordance with the recipients’ COA. Termination of the cooperative agreement occurs when all payments from EPA have been received and all cleanup activities funded by the cooperative agreement are complete.

• The award of an RLF Grant is contingent upon the recipient signing and returning the COA to the EPA Project Officer no later than 30 days after award. This COA is based on the FY22 RLF COA template. EPA plans to modify RLF COA templates every five years. EPA reserves the right to renegotiate the terms of this RLF COA every five years, in conjunction with the template change (e.g., the next change will be in FY27). If the recipient agrees to continue to operate the RLF under a COA past FY27, the recipient shall work with EPA’s Project Officer to update to the latest COA template. Otherwise, the Project Officer and recipient will negotiate a mutually acceptable disposition of unused program income, and an Authorized EPA Official (e.g., Award Official or Grants Management Officer) will modify the COA accordingly. The FY22 RLF COA Template and a fact sheet describing it are available under “RLF Closeout Resources” on the Brownfields Program website.

RLF Coalition Grants

An RLF Coalition is comprised of one “lead” eligible entity that partners with one or more non-lead eligible entities. The lead eligible entity is the applicant that submits an application on behalf of the coalition members. The RLF Coalition may request funding up to $1,000,000 to address brownfield sites with hazardous substances and/or petroleum contamination.

The non-lead coalition members may not be an agency or instrumentality of or affiliated with the lead member (for example, a county and the redevelopment authority of the same county);

except for coalitions in which the state is the lead and one of the members is a regional council or regional commission that is created by a state legislature through a charter or another official action.

A non-lead member may not be an agency or instrumentality of or affiliated with another non-lead member in the same coalition. The coalition members must be separate legal entities. For example, the following may not be members of the same coalition:

1. Different departments within the same unit of government;

2. A unit of government and an affiliated nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code that the city controls; or

3. Affiliated 501(c)(3) nonprofit organizations (e.g., nonprofit organizations that have the same board of directors or staff).

If selected, the lead entity will be the point of contact for the other coalition members. The lead entity will be the grant recipient and must administer the grant, and be accountable to EPA for effectively carrying out the scope of work and the proper financial management of the grant. Site eligibility will be determined by EPA after grant award and prior to expending grant funds at any site.

Coalition members may not be members of other RLF Coalition applications, nor submit an RLF Grant application as an individual applicant, in the FY23 competition cycle. A coalition member wishing to apply as part of a different RLF 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. Additionally, the non-lead coalition members may not be substituted after the deadline for submitting applications has passed. If the application is selected for funding, the lead member must partner with the other coalition members that were named in the application.

A Memorandum of Agreement (MOA) documenting the coalition’s site selection process must be in place prior to the expenditure and draw down of any funds that are awarded. The coalition https://www.epa.gov/brownfields/brownfields-revolving-loan-fund-rlf-grants 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 cleanup work.

Consistent with the direction on cost sharing in the Bipartisan Infrastructure Law, cost sharing and matching funds are not required under this competition. If the recipient receives an RLF Grant that is supplementally funded in the future through the annual, non-competitive process, cost share requirements may apply to the supplemental funding, depending on the source of funds.

For examples of grant project accomplishments across the country, please see the EPA Brownfield Grant Recipients Success Stories.6 For more information on a range of brownfield funding topics, please refer to the FY23 FAQs.

I.B. Uses of Grant Funds

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

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

All costs charged to RLF Grants must be consistent with the requirements at 2 CFR Part 200, Subpart E.

2. A local government (as defined in 2 CFR § 200.1, Local Government, and summarized in

Section III.A. of these guidelines and the Health Monitoring Fact Sheet7) 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, loan, or subgrant may be used to purchase environmental insurance. (See the FY23 FAQs for additional information on purchasing environmental insurance.)

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

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

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);

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 FY23 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 2022-2026 Strategic Plan.8 Awards made under this announcement will support Goal 6 – Safeguard and Revitalize Communities, Objective 6.1 – Clean Up and Restore Land for Productive Uses and Health Communities of EPA’s Strategic Plan. All applications must be for projects that support this goal and objective.

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

EPA requires that applicants adequately describe environmental outputs (performance measures) and outcomes to be achieved under assistance agreements.9 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 EPA’s Strategic Plan and 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

8 EPA’s Strategic Plan is available at www.epa.gov/planandbudget/strategicplan.

9 EPA Order 5700.7, EPA’s Policy for Environmental Results under EPA Assistance Agreements is available at 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/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan http://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements 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 loans and subgrants executed, the number of community meetings held, the number of Analysis of Brownfield Cleanup Alternatives (ABCA) completed, the number of community involvement and cleanup plans completed, the number of underground storage tanks pulled, and/or the number of cleanups completed.

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.10

Some communities experience disproportionate and adverse environmental, human health, climate-related and other cumulative impacts, as well as the accompanying economic challenges of such impacts. These disproportionate and adverse impacts result from industrial, governmental, commercial and/or other actions, and are likely to affect low-income and minorities.

Environmental justice can be supported through equitable development approaches and intentional strategies to ensure that low-income and minority communities not only participate in

10 For more information, please visit www.epa.gov/environmentaljustice.

http://www.epa.gov/environmentaljustice 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 the creation or integration of affordable housing; local or first-source hiring of contractor, borrower or subgrantee employees provided the recipient does not impose geographic preferences for procurements in violation of 2 CFR 200.319(c); 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 RLF program will address environmental justice challenges in Section IV.E. and responses will be evaluated against the criteria in Section V.A.

I.F. Additional Provisions for Applicants Incorporated Into the Solicitation

Additional provisions that apply to Sections III., IV., V., and VI. of this solicitation and/or awards made under this solicitation, can be found in EPA’s Solicitation Clauses. These provisions are important for applying to this solicitation and applicants must review them when preparing applications. If you are unable to access these provisions electronically at the website above, please contact the Regional Brownfields Contact listed in Section VII. to obtain the provisions.

SECTION II. – AWARD INFORMATION

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

The estimated total funding available for RLF Grants under this solicitation is approximately $10 million and EPA anticipates awarding an estimated 10 RLF Grants ranging from $800,000 to $1 million per grant. These amounts are 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 decision. 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 RLF Grants is up to five years.

II.C. Substantial Involvement

The Brownfields RLF Grant will be awarded in the form of a cooperative agreement.

Cooperative agreements require 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 related to substantial involvement as part of the award process, the anticipated substantial federal involvement for this project may include, but is not limited to:

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

• Collaboration during the performance of the scope of work including participation in project activities, to the extent permissible under EPA policies. Examples of collaboration include:

o Consultation between EPA staff and the recipients on effective methods of carrying out the scope of work provided the recipient makes the final decision on how to perform authorized activities.

o Advice from EPA staff on how to access publicly available information on EPA or other federal agency websites.

o With the consent of the recipient, EPA staff may provide technical advice to recipient contractors or subrecipients provided the recipient approves any expenditures of funds necessary to follow advice from EPA staff. (The recipient remains accountable for performing contract and subaward management as specified in 2 CFR § 200.318 and 2 CFR § 200.332 as well as the terms of the EPA cooperative agreement.)

o EPA staff participation in meetings, webinars, and similar events upon the request of the recipient or in connection with a co-sponsorship agreement.

• Reviewing proposed procurements in accordance with 2 CFR § 200.325, as well as the substantive terms of proposed contracts or subawards as appropriate;

• Reviewing the qualifications of key personnel (EPA does not have the authority to select employees or contractors, including consultants, employed by the award recipient or subrecipients receiving pass-through awards);

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

• Verifying sites meet applicable site eligibility criteria and ensuring that sites are consistent with the selection criteria outlined in the workplan;

• Monitoring the use of program income after the cooperative agreement project period ends; and

• Participation in periodic telephone conference calls to share ideas, project successes and challenges, etc., with EPA.

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SECTION III. – ELIGIBILITY INFORMATION AND THRESHOLD

CRITERIA

Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

III.A. Who Can Apply?

The following information indicates which entities are eligible to apply for an RLF Grant. Note, entities that currently have, or are a part of (i.e., a coalition member), an open cooperative agreement for a Brownfields RLF at the time of application are not eligible to apply for an RLF Grant in FY23.

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

Program, EPA uses the definition of Local government at 2 CFR § 200.1: 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 established under governmental authority or group of General Purpose

Units of Local Government established under Federal, state or local law (e.g., councils of governments) to function as a single legal entity with authority to enter into binding agreements with the Federal Government.

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

• State.

• Indian tribe other than in Alaska. (The exclusion of Tribes from Alaska, with the exception of the Metlakatla Indian Community as noted below, 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 FY23 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.

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

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 RLF Grants

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive an RLF Grant. 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 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 FY23 RLF Grant may not apply for an FY23 Cleanup Grant (EPA-I-

OLEM-OBLR-22-09).

Coalition members may not be members of other RLF Coalition applications, nor submit an RLF Grant application as an individual applicant, in the FY23 competition cycle.

Applicants may not submit multiple applications (i.e., submit applications for different projects) under this solicitation. EPA considers departments, agencies, or instrumentalities of the same state, tribal, or city governments to be the same applicant if they are directly supervised or controlled by the same elected/appointed executive (even if they have different unique entity identifier numbers). For example, a corporation formed under state or local law to perform redevelopment activities on behalf of or in support of a local government that is primarily staffed by employees of that local government will be considered an agency of instrumentality of that local government for the purposes of this threshold criterion. These eligibility determinations are made on a case-by-case basis since state and local laws vary.

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.

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.11

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 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. Please note that applicants experiencing technical issues with submitting through Grants.gov should follow the instructions provided in Appendix 1, which include both the requirement to contact Grants.gov and email a full application to EPA prior to the deadline.

Applications submitted outside of Grants.gov will be 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 submission outside of Grants.gov.

EPA will verify that the Unique Entity Identifier (UEI) number listed on the application is the correct UEI number for the applicant’s organization/department. If the correct UEI 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 UEI 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

From the list of eligible entities in Section III.A., Who Can Apply?, indicate your applicant type (and the applicant type for each non-lead coalition member, if applicable).

Provide information that demonstrates how you (and each non-lead coalition member, if applicable) are an eligible entity for an RLF Grant.

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

• 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.

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

The non-lead coalition members may not be an agency or instrumentality of or affiliated with the lead member (for example, a county and the redevelopment authority of the same county); except for coalitions in which the state is the lead and one of the members is a regional council or regional commission that is created by a state legislature through a charter or another official action.

A non-lead member may not be an agency or instrumentality of or affiliated with another non-lead member in the same coalition. The non-lead members must be separate legal entities. For example, the following may not be members of the same coalition:

1. Different departments within the same unit of government;

2. A unit of government and an affiliated nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code that the city controls; or

3. Affiliated 501(c)(3) nonprofit organizations (e.g., nonprofit organizations that have the same board of directors or staff).

RLF Coalitions:

• Each non-lead coalition member 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. Documentation that is not included with the application will render that non-lead member ineligible from participating in the coalition, and potentially render the entire application ineligible if there is less than one non-lead member.

2. Demonstration of Previous RLF Grant Status

Entities with an open cooperative agreement for a Brownfields RLF are not eligible to apply for funding under this solicitation. If the applicant has previously been either a recipient of a Brownfields RLF cooperative agreement or a non-recipient member of a coalition that obtained RLF funding, provide the grant number and closeout date for the RLF cooperative agreement(s). Alternatively, affirm that the applicant has not had, or been a part of, a cooperative agreement for a Brownfields RLF in the past.

3. Description of RLF Boundaries EPA awards RLF Grants to clean up sites that are located within the geographic boundaries of the RLF’s operation as defined in the application. This does not preclude applicants from targeting developers in communities or areas outside the RLF boundaries in their marketing outreach, as long as the loans and subgrants are for cleaning up sites within the boundaries as defined in the application. Applicants must provide a description of the boundaries of their RLF operation (e.g., the city limits of The City of ABC). EPA recommends that applicants choose as large a boundary as is legally allowable since recipients cannot easily expand their RLF boundary after selection and award. For example, some regional organizations may operate their RLF within their entire state boundary, and 501(c)(3) nonprofit organizations may operate their RLF without regard to jurisdictional boundaries that are applicable to governmental recipients.

Provide a description of the RLF’s geographic boundaries. Note: For RLF Coalitions, the lead applicant must have the governmental authority over coalition members (i.e., encompassing jurisdiction), and/or program capacity to ensure adequate program performance of coalition members, borrowers, and/or subgrantees, if warranted.

4. Oversight Structure and Legal Authority to Manage a Revolving Loan Fund

RLF Grant recipients will be required to comply with all applicable federal and state laws and ensure that the cleanup project protects human health and the environment.

a. Describe how you will oversee…