EPA-I-OLEM-OBLR-24-09.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY25 GUIDELINES FOR BROWNFIELD ASSESSMENT GRANTS

(COMMUNITY-WIDE ASSESSMENT GRANTS FOR STATES AND

TRIBES)

ACTION: Initial Announcement

RFA NO.: EPA-I-OLEM-OBLR-24-09

ASSISTANCE LISTING NO.: 66.818

DATE: The closing date and time for receipt of applications is November 14, 2024, 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 14, 2024, will not be considered. Please refer to the Due Date and Submission Instructions in Section IV.B. and Appendix 1 for further instructions.

FUNDING/AWARDS: EPA anticipates awarding an estimated 18 Community-wide Assessment Grants for States and Tribes for an estimated total of $36 million, subject to the quality of applications received, availability of funds, and other applicable considerations.

https://www.grants.gov/

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. Supporting Climate Adaptation and Resilience I.G. Supporting High-Quality Jobs, Strong Labor Practices, and Equitable Workforce

Pathways I.H. 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 Community-wide Assessment Grants for States and Tribes

1. Applicant Eligibility

2. Community Involvement

3. Expenditure of Existing Grant Funds

4. Target Areas and Priority Sites

5. Contractors and Named Subrecipients

III.C. Cost Sharing and Matching Requirements

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 . 30

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 VI.F. Build America, Buy America

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 Community-wide Assessment Grants for States and Tribes. 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 a hazardous substance, pollutant, contaminant, controlled substance, petroleum, or petroleum product, or is mine-scarred land.1

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.

This program advances the Justice40 Initiative, which sets a goal that 40 percent of the overall benefits of certain Federal climate, clean energy, water and wastewater infrastructure, and other covered investments flow to disadvantaged communities2 that are marginalized by underinvestment and overburdened by pollution.3

As described in Section V.A. of this announcement, applications will be evaluated based on the extent to which the applicant demonstrates: a vision for the reuse and redevelopment of brownfield sites and a strategy for leveraging resources to help accomplish the vision; the

1 The Understanding Brownfields Fact Sheet Series is available at www.epa.gov/brownfields/understanding-brownfields.

2 Under this announcement where considerations are given to disadvantaged communities, EPA will also give similar consideration consistent with the statute to all communities located in a U.S. Territory (Puerto Rico, U.S.

Virgin Islands, Guam, American Samoa, and Commonwealth of the Northern Mariana Islands).

3 EPA will use the Climate and Economic Justice Screening Tool (CEJST) to identify geographically defined disadvantaged communities for the purpose of Justice40 reporting. Under the Addendum to the Interim Implementation Guidance for the Justice40 Initiative, M-21-28, on using the Climate and Economic Justice Screening Tool (CEJST) or M-23-09, disadvantaged communities also include Federally Recognized Tribes, regardless of whether or not they have land.

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ http://www.epa.gov/brownfields/understanding-brownfields http://www.epa.gov/brownfields/understanding-brownfields environmental, social, health and economic needs and benefits of the target areas; strong 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.

Please carefully review Section III.B.5. of these guidelines, Section IV of EPA’s Solicitation Clauses, and Section D. in the FY25 Brownfields Frequently Asked Questions (FAQs).4

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 FY25 FAQs.

I.A. Description of Grant

Assessment Grants provide funding for developing inventories of brownfield sites, prioritizing sites, conducting community involvement activities, conducting planning, conducting site assessments,5 developing site-specific cleanup plans, and developing reuse plans related to brownfield sites. A portion of the Assessment Grant funding must be used to conduct site assessments. Assessment Grant funds may not be used to conduct cleanup activities.

Community-wide Assessment Grants for States and Tribes are available to:

• states (i.e., state agencies that are subject to the direct control of the governor or other elected executive officials such as environmental agencies, transportation agencies, health departments, parks and recreation departments, and departments of commerce);

and

• Tribes6 (i.e., federally recognized Indian Tribes other than in Alaska; Intertribal Consortia comprised of eligible Indian Tribes, Alaska Native Regional Corporations, Alaska Native Village Corporations, and the Metlakatla Indian Community).

Note, state and Tribal universities and colleges are not eligible for Community-wide Assessment Grants for States and Tribes but may apply for other types of Assessment Grants if they are otherwise eligible (e.g., are exempt from taxation under section 501(c)(3) of the Internal Revenue Code).

4 The FY25 Brownfields Frequently Asked Questions (FAQs) are available at www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants.

5 Environmental site assessments must be performed in accordance with EPA's All Appropriate Inquiries Final Rule (40 CFR Part 312).

6 There are currently 574 federally recognized Tribes, and there are many names that these sovereign nations use to describe their culture, history, and geography, including Tribe, Village, Nation, Band, and Pueblo. For the purpose of these guidelines, the EPA Brownfields Program uses “Tribe” and “Tribal Nation” as all-encompassing terms.

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 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

Applicants may request funding up to $2,000,000 to address sites contaminated by hazardous substances7 (i.e., sites with potential contamination of hazardous substances, pollutants, or contaminants) and/or petroleum8 (i.e., sites with potential petroleum contamination) throughout their jurisdiction. Recipients will be required to assess sites (a minimum of 10) throughout their geographic boundary(ies). All sites selected during the period of performance (i.e., sites that were not identified in the original workplan) must be located in an underserved and/or disadvantaged community.9

Consistent with the direction on site limits in the Bipartisan Infrastructure Law, activities carried out at each approved, eligible site may exceed $200,000. EPA will determine site eligibility after the award of the grant throughout the project period.

EPA will only accept one application per eligible state agency as defined above and one application per Tribal Nation. If EPA receives more than one application per state (regardless of if the applications are submitted by different eligible state agencies), EPA will only select the highest-ranking application that qualifies for selection. If a Tribe’s reservation is included in an application submitted by an intertribal consortium, that Tribal Nation may not also submit an application for an FY25 Community-wide Assessment Grant or an FY25 Assessment Coalition Grant.

I.B. Uses of Grant Funds

Assessment Grant funds can be used for the direct costs associated with the inventory, site prioritization, community involvement, site reuse planning, assessment, and cleanup planning for brownfield sites. For examples of grant project accomplishments across the country, please see the EPA Brownfield Grant Recipients Success Stories.10 For more information on a range of brownfield funding topics, please refer to the FY25 FAQs.

Conducting Brownfields Planning & Developing Site Reuse Plans Successful brownfields reuse and redevelopment often depend on early consideration of the range of potential future uses for each brownfield site. Local community priorities, market

7 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 FY25 FAQs.

8 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).

9 When EPA uses the term “underserved communities” it has the meaning defined in Executive Order 13985:

Advancing Racial Equity And Support For Underserved Communities Through The Federal Government, which defines “underserved communities” as “populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life as exemplified in the preceding definition of equity.” As described in the Executive Order, the term “equity” means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, which may include Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

10 The Brownfield Grant Recipient Success Stories are available at www.epa.gov/brownfields/success-stories.

https://www.epa.gov/brownfields/success-stories https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k http://www.epa.gov/brownfields/success-stories conditions, infrastructure availability, environmental contamination, public health issues, and local ordinances shape brownfield site reuse opportunities. Having a site reuse plan grounded in these local conditions will directly influence how that site is characterized, assessed, and cleaned up.

Where multiple sites are connected through location, infrastructure, economic, social, and environmental conditions, EPA encourages communities to take an area-wide approach to planning for the assessment, cleanup, and reuse of these brownfield sites. This focus on multiple brownfield sites will result in more coordinated strategies for cleanup and area revitalization versus a site-by-site focus. For more information on site reuse plans and examples of eligible planning activities, please refer to the FY25 FAQs and Planning Program Fact Sheets.11

Participant Support Costs EPA recognizes that effective community engagement is vital to help address and potentially alleviate environmental justice concerns for historically underserved and other affected communities and give them a voice in their community's future. Participant support costs are allowable under Assessment Grants with prior approval by the EPA Award Official or Grants Management Officer. Examples of activities that may be allowable as participant support costs include stipends for attendees at community meetings, attendee travel to community meetings, or childcare expenses to encourage attendance at community meetings. Please refer to the FY25 FAQs for additional details on the use of participant support costs.

A community liaison can serve as a key resource to help ensure the community members’ goals and interests are reflected in the planned reuse of individual brownfield sites as well as the revitalization of the areas in which they live, work, play, learn, and pray. In addition to the eligible use of participant support costs described above, recipients may use a portion of the Assessment Grant for eligible participant support costs associated with one community liaison per target area who is not an employee of the grant recipient. This may include reasonable stipends to compensate an individual community member’s time and travel costs for participating in project-related meetings (e.g., meetings with the community, meetings held by a brownfields advisory board, etc.) and time associated with other specific tasks that are directly tied to related community engagement efforts. Note that stipends may only be paid for actual time spent working on tasks associated with the project and must not duplicate support provided through other Federal, state, Tribal, or local programs.

In their project descriptions, applicants should describe the process they will follow for determining the amounts of allowable stipends, procedures for accounting for participant support cost payments (including receipts), and procedures for documenting that the costs are allowable and do not duplicate other support for the individual(s). Additional information on participant support costs is available in EPA’s Guidance on Participant Support Costs.12

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

12 EPA’s Guidance on Participant Support Costs is available at www.epa.gov/sites/default/files/2020- 11/documents/epa-guidance-on-participant-support-costs.pdf.

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/information-eligible-planning-activities https://www.epa.gov/brownfields/information-eligible-planning-activities https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/sites/default/files/2020-11/documents/epa-guidance-on-participant-support-costs.pdf http://www.epa.gov/brownfields/information-eligible-planning-activities http://www.epa.gov/brownfields/information-eligible-planning-activities https://www.epa.gov/sites/default/files/2020-11/documents/epa-guidance-on-participant-support-costs.pdf https://www.epa.gov/sites/default/files/2020-11/documents/epa-guidance-on-participant-support-costs.pdf

In addition to direct costs associated with the inventory, site prioritization, community involvement, site reuse planning, assessment, and cleanup planning for brownfield sites, Assessment Grant funds may be used for:

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

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

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

Section III.A. of these guidelines and the Health Monitoring Fact Sheet13) may use up to 10% of its grant funds for the following activities:

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

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

3. A portion of the Brownfields Grant may be used to purchase environmental insurance. (See the FY25 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 consistent with 2 CFR § 200.306(b)(5) (i.e., a cost share required by other federal funds unless there is authority in another Federal statute to use Federal funds for cost share);

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 a subaward 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.

13 The Health Monitoring Fact Sheet is available at www.epa.gov/brownfields/public-health.

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

See the FY25 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.14 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.15 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 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 product(s) related to an environmental goal or objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during the project period. The expected outputs for the grants awarded under these guidelines may include but are not limited to the number of brownfield sites identified in inventories, development of an area-wide plan, number of Phase I and Phase II environmental site assessments, number of community meetings held, and number of Analysis of Brownfields Cleanup Alternatives (ABCA) 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

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

15 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 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

“Environmental justice” means the just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment so that people:

• are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and

• have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices.16

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 can result from industrial, governmental, commercial, and/or other actions, and are more likely to affect low-income and communities of color.

Environmental justice can be supported through equitable development approaches and intentional strategies to ensure that underserved communities, and other communities with environmental justice concerns, have the opportunity to participate in and benefit from decisions that shape their neighborhoods and regions. Applicants should provide specific examples of how the proposed Brownfield Assessment Grant project will address environmental justice challenges in Section IV.E. and responses will be evaluated against the criteria in Section V.A.

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 high-quality jobs; and access to local capital. Communities can put programs or policies in place to help achieve more equitable outcomes including, but not limited to, 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);17 facilitating participation by disadvantaged businesses 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

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

17 For grants awarded on or after October 1, 2024, the use of geographic preference to evaluate bids or proposals in response to a grant recipient’s competitive solicitation(s) will no longer be prohibited.

http://www.epa.gov/environmentaljustice affordable for residents); supportive local entrepreneurial activities; and adherence to equal lending opportunities.

I.F. Supporting Climate Adaptation and Resilience

EPA defines climate change as changes in global or regional climate patterns attributed largely to human-caused increased levels of atmospheric greenhouse gases. Climate adaptation means taking action to prepare for and adjust to both the current and projected impacts of climate change. Climate change mitigation refers to actions limiting the magnitude and rate of future climate change by reducing greenhouse gas emissions and/or advancing nature-based solutions.18

The impacts of climate change affect people in every region of the country in different ways, threatening lives and livelihoods and damaging infrastructure, ecosystems, and social systems.

Climate change also exacerbates existing pollution problems and environmental stressors impacting the nation’s land, air, and water and the people who depend on them. Underserved communities and individuals are particularly vulnerable to these impacts, including low-income communities and communities of color, children, the elderly, Tribes, and Indigenous people.

Changing climate conditions could potentially impact the effectiveness of a cleanup remedy, put the health of community members at risk, or result in lost investments and abandoned projects if climate was not factored into vulnerable location reuse plans.

Brownfield revitalization can support community efforts to become more resilient to climate change impacts by incorporating adaptation and mitigation strategies throughout the assessment, cleanup, and redevelopment process.

Applicants should provide specific examples of how the proposed Brownfield Assessment Grant project will address climate vulnerabilities in Section IV.E. and responses will be evaluated against the criteria in Section V.A.

I.G. Supporting High-Quality Jobs, Strong Labor Practices, and Equitable Workforce Pathways

It is a priority of the EPA to invest in projects that support high-quality jobs with the free and fair choice to join a union, have strong labor standards, and promote equitable pathways into these good jobs, consistent with Executive Order 14025, Worker Organizing and Empowerment and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act.

As such, recipients may consider strategies that align with the U.S. Department of Labor’s and Department of Commerce’s eight Good Jobs Principles to the greatest extent possible, including compliance with prevailing wage requirements.

Examples include but are not limited to protections for the free and fair choice to join a union;

workers covered under a collective bargaining agreement; partnerships with labor organizations;

partnerships with the public workforce system and/or community-based organizations to support the recruitment and retention of individuals from underserved communities; utilization of high-

18 For more information, please visit www.epa.gov/climate-adaptation/climate-adaptation-and-epas-role.

https://www.dol.gov/general/good-jobs/principles https://www.epa.gov/climate-adaptation/climate-adaptation-and-epas-role quality training models, including high-road training partnerships as defined by DOL; registered apprenticeship utilization requirements and/or partnerships with pre-apprenticeship programs;

ensuring workers are properly classified, given predictable and stable work schedules, and providing family-sustaining benefits, including fringe benefits and a retirement contribution;

creating safe and healthy working conditions, including involving worker voice in the development of safety plans and adherence to all OSHA requirements; providing supportive services for workers that face barriers to employment and retention, such as childcare, transportation, mentorship, and other supports; and other strategies that promote equal opportunity and job quality for workers on Brownfield-funded projects.

I.H. 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 grants under this solicitation is approximately $36 million and EPA anticipates awarding an estimated 18 Community-wide Assessment Grants for States and Tribes ranging from $1 million to $2 million. 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. Awards may be fully or incrementally funded, as appropriate, based on funding availability, satisfactory performance, and other applicable considerations.

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

The project period for Community-wide Assessment Grants for States and Tribes is up to five years.

https://blog.dol.gov/2023/07/13/introducing-the-high-road-to-the-middle-class-map https://www.epa.gov/grants/epa-solicitation-clauses

II.C. Substantial Involvement

The Brownfields Assessment 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 compliance with the EPA-approved workplan and achievement of environmental 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 §§ 200.317, 200.318, 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 and approving Quality Assurance Project Plans and related documents or verifying that appropriate Quality Assurance requirements have been met where quality assurance activities are being conducted pursuant to an EPA-approved Quality Assurance Management Plan.

• Reviewing proposed procurements in accordance with 2 CFR § 200.325, as well as the substantive terms of proposed contracts or subawards as appropriate. This may include reviewing requests for proposals, invitations for bids, scopes of work, and/or plans and specifications for contracts over $250,000 prior to advertising for bids.

• 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 approving that the Analysis of Brownfield Cleanup Alternatives (ABCA), or equivalent state Brownfields program document, meets the Brownfields Program’s requirements for an ABCA.

• 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.

• 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 Community-wide Assessment Grant for States and Tribes.

• State.19

• Federally recognized 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 FY25 FAQs.)

Note, individuals, for-profit organizations, organizations exempt from taxation under section 501(c)(4) of the Internal Revenue Code that lobby the Federal government,20 and nonprofit organizations that are not tax exempt under section 501(c)(3) are ineligible to receive Brownfields Assessment Grants.

III.B. Threshold Criteria for Community-wide Assessment Grants for States and Tribes

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive a Community-wide Assessment Grant for States and Tribes. 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 FY25 Community-wide Assessment Grant for States and Tribes may not apply for an FY25 Community-wide Assessment Grant or an FY25 Assessment Coalition Grant (or be a non-lead coalition member).

19 As defined in CERCLA § 101(27), the definition of State for purposes of the Brownfields Program “include[s] the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.”

20 The Lobbying Disclosure Act (2 U.S.C. 1601 et. seq.) provides requirements for the disclosure of lobbying activities to influence the Federal Government.

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

If a Tribe’s reservation is included in an application submitted by an intertribal consortium, that Tribal Nation may not also submit an application for an FY25 Community-wide Assessment Grant or an FY25 Assessment Coalition Grant.

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 or instrumentality of that local government. 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, an EPA Brownfields Program representative, 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.

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.21

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.

21 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 http://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements

In addition, applications must be submitted through www.grants.gov as stated in Section IV. and Appendix 1 of this announcement (except in the limited circumstances where another mode of submission is specifically allowed for as explained in Appendix 1) on or before the application submission deadline. Applicants are responsible for following the submission instructions in Section IV. and Appendix 1 of this announcement to ensure that their application is submitted on time. 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 are listed on the application for the entity that will receive the award and will be held accountable by EPA for the proper expenditure of funds.

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

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

1. Applicant Eligibility

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 an Assessment Grant.

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

• For Intertribal consortia, attach documentation that meets the requirements in 40 CFR § 35.504(a) and (c). All members of the Intertribal consortium must authorize the submission of an application.

2. Community Involvement

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

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

3. Expenditure of Existing Grant Funds Indicate if the applicant has an open22 EPA Brownfields Community-wide Assessment Grant for States and Tribes.

Current EPA Brownfields Community-wide Assessment Grant for States and Tribes recipients must demonstrate that payment has been received from EPA (also known as “drawn down”), and drawn down funds have been disbursed for at least 60.00% of the funding for the Community-wide Assessment Grant for States and Tribes cooperative agreement they have with EPA by October 1, 2024, in order to apply for Assessment Grant funding under this solicitation.

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(s) or Elyse Salinas (brownfields@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).

4. Target Areas and Priority Sites

Applicants must propose at least three target areas and at least five priority sites, including at least one priority site in each target area, in the Narrative. Provide a response to Section IV.D.5. in the Narrative Information Sheet to address this threshold criterion. On the Narrative Information Sheet, list each target area and the address of each priority site.

Note, if the application is selected for funding recipients must assess a minimum of 10 sites;

therefore, additional sites may be selected throughout the period of performance. All sites selected during the period of performance (i.e., sites that were not identified in the original workplan) must be located in an underserved community.

5. Contractors and Named Subrecipients

• Contractors.

EPA does not require or encourage applicants to procure contractors (including consultants) before the EPA cooperative agreement is awarded, but applicants may choose to do so.

Applicants, other than state (which includes territories)23 or Tribal (for grants awarded on or after October 1, 2024) applicants, that have procured a contractor(s)

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

23 As defined in CERCLA § 101(27), the definition of State for purposes of the Brownfields Program “include[s] the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.”

mailto:brownfields@epa.gov…