EPA-I-OLEM-OBLR-22-09 RFA.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY23 GUIDELINES FOR BROWNFIELD CLEANUP GRANTS

ACTION: Request for Applications (RFA)

RFA NO.: EPA-I-OLEM-OBLR-22-09

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 a total estimated 73 Cleanup Grants for an estimated total of $60 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

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 Cleanup Grants

SECTION IV. – APPLICATION SUBMISSION INFORMATION

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

16. PROJECT AREA DESCRIPTION AND PLANS FOR REVITALIZATION

17. COMMUNITY NEED AND COMMUNITY ENGAGEMENT

18. TASK DESCRIPTIONS, COST ESTIMATES, AND MEASURING PROGRESS

19. 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 Cleanup 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.15. 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

Cleanup Grants provide funding to carry out cleanup activities at brownfield sites owned by the applicant. An applicant may only submit ONE Cleanup Grant application in the FY23 competition cycle. Applicants may request either:

• Up to $500,000 to clean up one brownfield site or to allocate up to $500,000 among multiple sites;

• Between $500,001 and $1,000,000 to clean up one brownfield site or to allocate among multiple sites; or

• Between $1,000,001 and $2,000,000 to clean up one brownfield site or to allocate among multiple sites.

An applicant may request funding to address hazardous substances4 and/or petroleum5 contamination at one or more brownfield sites. If contamination at the site is co-mingled with both hazardous substances and petroleum contamination and the hazardous substances and petroleum-contaminated areas of the site are distinguishable, the application must address both eligibility criteria. If the hazardous substances and petroleum are co-mingled and not easily distinguishable, the applicant must indicate which contaminant is predominant and respond to the appropriate site eligibility criteria. An applicant cannot propose an alternate site if a site identified in the application is determined by EPA to be ineligible for funding. (Contact your Regional Brownfields Contact listed in Section VII. for more information.)

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 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 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

An applicant must be the sole owner of the site(s) that is the subject of its Cleanup Grant application and must own the site(s) by November 22, 2022, to be eligible to receive a Cleanup Grant. For the purposes of eligibility determinations in these guidelines only, the term “own” means fee simple title through a legal document (for example, a recorded deed); unless EPA approves a different ownership arrangement (for example, a nominee agreement or 99-year irrevocable lease). (Note: EPA strongly recommends contacting the Regional Brownfields Contact listed in Section VII. to ensure the proposed site(s) is eligible for funding prior to submitting your application.) EPA will find applicants ineligible if they do not meet the ownership requirement by November 22, 2022. If awarded a Cleanup Grant, the recipient must retain ownership of the site(s) for the duration of time in which Brownfields Cleanup Grant funds are disbursed for the cleanup of the site(s). Refer to threshold criterion Section III.B.4. and FY23 FAQs for additional information.

Consistent with the direction on cost sharing in the Bipartisan Infrastructure Law, cost sharing and matching funds are not required under this competition.

Cleanup Grant applicants must have an ASTM E1903-19 Phase II environmental site assessment report(s) or equivalent site investigation report(s) completed that indicates a basic understanding of what contaminants need to be cleaned up on each site, even if further Phase II assessment work is required prior to application submission. Refer to threshold criterion Section III.B.8. for additional information.

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, Cleanup Grant funds may be used for:

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

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

2. A local government (as defined in 2 CFR § 200.1, 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

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

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 FY23 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);

5. a response cost at a brownfield site for which the recipient of the grant 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

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/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 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 specific to each project will be identified as deliverables in the negotiated workplan if the application is selected for award. Recipients will be expected to report progress toward the attainment of expected project outputs and outcomes during the project performance period.

Outputs and outcomes are defined as follows:

1. Outputs

The term “outputs” refers to an environmental activity, effort, and/or associated work products related to an environmental goal or objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during the project period. The expected outputs for the grants awarded under these guidelines are cleaned up brownfield sites. Other outputs may include the number of community meetings held, the number of Analysis of Brownfield Cleanup Alternatives (ABCA) completed, the number of community involvement and cleanup plans completed, and/or the number of underground storage tanks pulled.

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

http://www.epa.gov/environmentaljustice 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 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 or subrecipient 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 Cleanup Grant project 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 Cleanup Grants under this solicitation is approximately $60 million. EPA anticipates awarding an estimated 40 Cleanup Grants for up to $500,000, an estimated 25 Cleanup Grants for projects that are between $500,001 and $1,000,000, and an estimated 8 Cleanup Grants for projects that are between $1,000,001 and $2,000,000. 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 Cleanup Grants is up to four years.

II.C. Substantial Involvement

The Brownfields Cleanup 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); and https://www.ecfr.gov/cgi-bin/text-idx?SID=34183e930e741a04ff06debe9d858069&mc=true&node=se2.1.200_1318&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=fad22b17b4bd4c04ee1eafc308099edd&mc=true&node=se2.1.200_1332&rgn=div8

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

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 a Cleanup Grant.

• 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.

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

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

• Other nonprofit organizations. (For the purposes of the Brownfields Grant Program, the term “other nonprofit organization” consistent with the definition of Nonprofit organization at 2 CFR § 200.1 means any corporation, trust, association, cooperative, or other organization that is operated mainly for scientific, educational, service, charitable, or similar purpose in the public interest and is not organized primarily for profit; and uses net proceeds to maintain, improve, or expand the operation of the organization. The term includes nonprofit colleges, universities, and other educational institutions.)

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

III.B. Threshold Criteria for Cleanup Grants

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive a Cleanup Grant and that the proposed site(s) is eligible for funding. Threshold criteria are pass/fail and are based on certain requests for information identified below. The information you submit will be used by EPA solely to make eligibility determinations for Brownfield Grants and 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 Cleanup Grant may not apply for an FY23 Revolving Loan Fund Grant (EPA-I-OLEM-OBLR-22-08) or Multipurpose Grant (EPA-OLEM-OBLR-22-10).

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

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

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

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/ https://www.grants.gov/ http://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements 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 provide information that demonstrates how you are an eligible entity for a Cleanup Grant.

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

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

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

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

2. Previously Awarded Cleanup Grants

Brownfield sites where EPA Cleanup Grant funds were previously expended may not receive additional EPA Cleanup Grant funding in FY23. An application for funding for a brownfield site where EPA Cleanup Grant funds were previously expended will not be eligible for funding under this competition.

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

3. Expenditure of Existing Multipurpose Grant Funds Current EPA Brownfields Multipurpose Grant recipients must demonstrate that the recipient has received payment from EPA (also known as ‘drawn down’), and drawn down funds have been disbursed, for at least 70.00% of the funding for each Multipurpose cooperative agreement by October 1, 2022, in order to apply for 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 cooperative agreement or Jerry Minor-Gordon (minor-gordon.jerry@epa.gov) to obtain draw down information from EPA’s grant financial database (Compass Data Warehouse). Disbursements of drawn down funds must comply with requirements in EPA’s General Terms and Conditions for timely disbursement of EPA funds (i.e., recipients other than states must substantially disburse all of the funds within 5 business days of draw down).

Alternatively, the applicant must affirm it does not have an open12 EPA Brownfields Multipurpose Grant.

If you are applying for multiple sites, threshold criteria responses must include responses to items 4. – 13. for each site.

4. Site Ownership

To be eligible to receive a Cleanup Grant the applicant must be the sole owner of the site that is the subject of its Cleanup Grant application and must own the site by November 22, 2022.

For the purposes of Brownfields Cleanup Grant eligibility determinations, the term “own” means fee simple title through a legal document (for example, a recorded deed); unless EPA approves a different ownership agreement (for example, a nominee agreement or 99-year irrevocable lease). (EPA strongly recommends contacting the Regional Brownfields Contact listed in Section VII. to ensure the proposed site is eligible for funding prior to submitting your application.) EPA will find applicants ineligible if they do not meet the ownership requirement by November 22, 2022. If awarded a Cleanup Grant, the recipient must retain ownership of the site(s) for the duration of time in which Brownfields Cleanup Grant funds are disbursed for the cleanup of the site(s).

5. Basic Site Information

Identify: a) the name of the site; b) the address of the site, including zip code; and c) the current owner of the site (if you are not the current owner, the date you plan to acquire ownership of the site).

6. 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.

7. Brownfields Site Definition

To be eligible for Brownfields Grant funding, sites must meet the definition of a brownfield under CERCLA § 101(39) as described in the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k).13 The following types of properties are not eligible for Brownfields Grant funding:

12 For the purposes of this requirement, the term “open” refers to a grant period of performance that has not ended.

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

mailto:minor-gordon.jerry@epa.gov http://www2.epa.gov/grants/grant-terms-and-conditions https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k http://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k

• 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).)

8. Environmental Assessment Required for Cleanup Grant Applications

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

9. Site Characterization

Please review sections a., b, and c. below and only provide responses to the section(s) that pertain to your circumstance(s).

a. For an applicant that is a State or Tribal Environmental Authority: Include a statement affirming that there is a sufficient level of site characterization from the environmental site assessment performed to date for the remediation work to begin on the site(s).

Alternatively, if additional assessment is needed to sufficiently characterize the site(s) for the remediation work to begin, include a statement to that effect. Additionally, affirm that there will be a sufficient level of site characterization from the environmental site assessment performed by June 15, 2023, for the remediation work to begin on the site(s).

b. For an applicant other than a State or Tribal Environmental Authority that is proposing a site(s) that is eligible to be enrolled in a voluntary response program, attach a current letter from the appropriate State or Tribal Environmental Authority (or equivalent state or tribal regulatory oversight authority) that:

i. Affirms that the site(s) is eligible to be enrolled in the state or tribal voluntary response program.

ii. Indicates whether the site(s) is enrolled, or intends to be enrolled, in the state or tribal voluntary response program.

iii. Indicates that there is a sufficient level of site characterization from the environmental site assessment performed to date for the remediation work to begin on the site(s); or Indicates that additional assessment is needed to sufficiently characterize the site(s) for the remediation work to begin; and affirms that there will be a sufficient level of site characterization from the environmental site assessment performed by June 15, 2023, for the remediation work to begin on the site(s).

c. For an applicant other than a State or Tribal Environmental Authority that is proposing a site(s) that is not eligible to be enrolled in a voluntary response program or State or Tribal equivalent oversight program14 (e.g., sites contaminated with hazardous building material):

i. Attach a current letter from the appropriate State or Tribal Environmental Authority (or equivalent state or tribal regulatory oversight authority) that explains why the site(s) is not eligible to be enrolled.

ii. Additionally, state in response to this threshold criterion whether an Environmental Professional (as defined in 40 CFR § 312.10) has certified that there is a sufficient level of site characterization from the environmental site assessment performed to date for the remediation work to begin on the site(s); or Indicates that additional assessment is needed to sufficiently characterize the site(s) for the remediation work to begin; and affirms that there will be a sufficient level of site characterization from the environmental site assessment performed by June 15, 2023, for the remediation work to begin on the site(s).

Applicants selected for funding that indicate that additional assessment is needed to sufficiently characterize the site(s) for the remediation work to begin must provide EPA with information that demonstrates compliance with this requirement by June 15, 2023. If applicants do not meet this requirement by June 15, 2023, EPA may not make the award due to a failure to meet this requirement.

If sections b. and c. above pertain to you, you need to receive only one letter from your State or Tribal Environmental Authority acknowledging the requirements of both circumstances.

Coordinate early with your State or Tribal Environmental Authority (or equivalent state or tribal regulatory oversight authority) in order to allow adequate time for you to obtain the letter and include it with your application.

10. 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

14 Some states allow private firms to oversee cleanups on behalf of the state if certain standards are met. EPA accepts this practice for the purposes of complying with this threshold requirement.

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.

11. 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 FY23 FAQs. If not required, affirm that the site does not need a Property-Specific Determination.

The following special classes of property require a “Property-Specific Determination” from EPA to be eligible for Brownfields Grant funding:

• properties subject to planned or ongoing removal actions under CERCLA;

• properties with facilities that have been issued or entered into a unilateral administrative order, a court order, an administrative order on consent, or judicial 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…