EPA-I-OLEM-OBLR-25-07.pdf

Notice of Funding Opportunity

Applications Due: Wednesday, January 28, 2026

Office of Brownfields and Land Revitalization

FY26 GUIDELINES FOR

BROWNFIELD CLEANUP GRANTS

Funding Opportunity Number: EPA-I-OLEM-OBLR-25-07 i

Contents

1. Basic Information

A. Executive Summary B. Key Information C. Key Dates D. Funding Details E. Agency Contact Information

2. Eligibility

A. Eligible Applicants B. Threshold Criteria

(1) Applicant Eligibility

(2) Previously Awarded Cleanup Grants

(3) Expenditure of Existing Multipurpose Grant Funds

(4) Site Ownership

(5) Basic Site Information

(6) Status and History of Contamination at the Site

(7) Brownfield Site Definition

(8) Environmental Assessment Required for Cleanup Grant Applications

(9) Site Characterization

(10) Enforcement or Other Actions

(11) Sites Requiring a Property-Specific Determination

(12) Threshold Criteria Related to CERCLA/Petroleum Liability

(13) Cleanup Authority and Oversight Structure

(14) Community Notification

(15) Contractors and Named Subrecipients

C. Cost Sharing

3. Program Description

A. Purpose, Priorities, and Activities

(1) Purpose

(2) Eligible Uses of Grant Funds

(3) Ineligible Uses of Grant Funds

(4) Measuring Environmental Results: Anticipated Outputs/Outcomes

(5) Leveraging

B. Program Goals and Objectives C. Statutory Authority D. Funding Type

4. Application Contents and Format

A. Application Forms (Submission Checklist) B. Application Information Sheet C. Narrative Criteria

(1) PROJECT AREA DESCRIPTION AND PLANS FOR REVITALIZATION

ii

(2) COMMUNITY NEED AND COMMUNITY ENGAGEMENT

(3) TASK DESCRIPTIONS, COST ESTIMATES, AND MEASURING PROGRESS

(4) PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE

D. Applicants Using Contractors and/or Subrecipients

5. Submission Requirements and Deadlines

A. Submission Dates and Times B. Unique Entity Identifier (UEI) and System for Award Management (SAM.gov) C. Submission Instructions D. Technical Issues with Submission E. Requirements to Submit Through Grants.gov and Limited Exception Procedures F. Intergovernmental Review

6. Application Review Information

A. Responsiveness Review B. Review Criteria C. Review and Selection Process

(1) Other Evaluation Factors

D. Risk Review

7. Award Notices

8. Post-Award Requirements and Administration

A. Administrative and National Policy Requirements B. Reporting C. Subaward and Executive Compensation Reporting D. Brownfield Programmatic Requirements E. Build America, Buy America

9. Other Information

A. Additional Provisions for Applicants

1. Basic Information U.S. Environmental Protection Agency

Office of Brownfields and Land Revitalization (OBLR)

FY26 GUIDELINES FOR BROWNFIELD CLEANUP GRANTS

Multipurpose, Assessment, RLF, and Cleanup (MARC) Grant Application Resources

A. Executive Summary 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 FY26 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 $4,000,000 to clean up one brownfield site or to allocate among multiple sites.

An applicant may request funding to address hazardous substances1 and/or petroleum2 contamination at one or more brownfield sites.

The 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 January 28, 2026, to be eligible to receive a Cleanup Grant. An applicant cannot propose an alternate site if a site identified in the application is determined by EPA to be ineligible for funding. EPA strongly recommends contacting the Regional Brownfields Contact listed in Section 1.E. to ensure the proposed site(s) is eligible for funding prior to submitting your application.

Please see Section 2.A. for the list of eligible entities. Applications must meet all Threshold Criteria in Section 2.B. to be considered eligible to receive a Cleanup Grant. Refer to the FY26 Brownfields Frequently Asked Questions (FAQs) for additional information.

Please carefully review Section 4.D. of these guidelines, Section IV of EPA NOFO Clauses, and Section D.

in the FY26 FAQs to ensure that contractors (including individual consultants) are procured in compliance with the fair and open competition requirements.

A checklist of required application forms and documents is in Section 4.A.

1 Hazardous substance sites eligible for funding are those sites with the presence or potential presence of hazardous substances, pollutants, contaminants, sites that are contaminated with controlled substances, or that are mine-scarred lands. For more information, please refer to the FY26 Brownfields Frequently Asked Questions.

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

B. Key Information Opportunity Number:

EPA-I-OLEM-OBLR-25-07

Assistance Listing:

66.818

Announcement Type:

Initial

Funding Available:

$107,000,000

Number of Awards:

Approximately 36 https://www.epa.gov/brownfields/marc-grant-application-resources 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/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 https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k

For the purposes of these guidelines, the term “grant” refers to the cooperative agreement that EPA will award to a successful applicant.

C. Key Dates National Outreach Webinar

Application Submission Deadline

Anticipated Notification of Selection

Anticipated Award Notification

December 4, 2025 1:00 PM ET

January 28, 2026 11:59 pm ET

June 2026

September 2026

D. Funding Details

It is anticipated that up to 10 awards for up to $500,000 and 26 awards for between $500,001 and $4,000,000 will be made under this announcement. The amount of funding is expected to be $107,000,000, depending on Agency funding levels, the quality of applications received, agency priorities, and other applicable considerations. Awards funded under this opportunity are expected to have a 4-year project period. Applicants may apply for up to $4,000,000 of EPA funds. (Note, applicants may also request an amount that is less than $4,000,000.)

EPA reserves the right to make additional awards under this competition, consistent with Agency policy, if additional funding becomes available. Any additional selections for awards will be made no later than six (6) 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.

E. Agency Contact Information Further information, if needed, may be obtained from the EPA contact(s) indicated below.

Technical Contact: Elyse Salinas, 202-564-2858, brownfields@epa.gov

Eligibility Contact: See Regional Contacts below

Electronic Submissions Contact: Grants.gov, 1-800-518-4726, support@grants.gov

Regional Contact(s): EPA Region 1 (CT, ME, MA, NH, RI, VT) Jim Byrne, Byrne.James@epa.gov, (617) 918-1389 EPA Region 2 (NJ, NY, PR, VI) Esmeralda Vargas, Vargas.Esmeralda@epa.gov, (212) 637-4391 EPA Region 3 (DE, DC, MD, PA, VA, WV) Anthony Geiger, Geiger.Anthony@epa.gov, (215) 814-3367 EPA Region 4 (AL, FL, GA, KY, MS, NC, SC, TN) Aditi Chakravarty, https://www.epa.gov/brownfields/marc-grant-application-resources mailto:brownfields@epa.gov mailto:support@grants.gov mailto:Byrne.James@epa.gov mailto:Vargas.Esmeralda@epa.gov mailto:Geiger.Anthony@epa.gov

Chakravarty.Aditi@epa.gov, (404) 562-9515 EPA Region 5 (IL, IN, MI, MN, OH, WI) Torre Ippolito, Ippolito.Torre@epa.gov, (312) 353-6556 EPA Region 6 (AR, LA, NM, OK, TX) Marsha Lay, Lay.Marsha@epa.gov, (214) 665-7562 EPA Region 7 (IA, KS, MO, NE) Tarah Vaughn, R7_Brownfields@epa.gov, (913) 551-7059 EPA Region 8 (CO, MT, ND, SD, UT, WY) Melisa Devincenzi, Devincenzi.Melisa@epa.gov, (303) 312-6377 EPA Region 9 (AZ, CA, HI, NV, Pacific Island Territories) Lisa Hanusiak, Hanusiak.Lisa@epa.gov, (415) 972-3152 EPA Region 10 (AK, ID, OR, WA) Meredith Lightbody, Lightbody.Meredith@epa.gov, (206) 553-6910

2. Eligibility A. Eligible Applicants Only these types of organizations may apply for a Cleanup Grant. Organization types are consistent with definitions at Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) § 104(k)(1) and 2 CFR § 200.1:

• General Purpose Unit of Local Government. Local government means a county, borough, municipality, city, town, township, parish, local public authority (including any public 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), and any other agency or instrumentality of a multi-, regional, or intra-State or 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.3

• Federally recognized Indian Tribe4 other than in Alaska. (The exclusion of Tribes from Alaska, with the exception of the Metlakatla Indian Community as noted below, from Brownfields Grant

3 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.”

4 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.

mailto:Chakravarty.Aditi@epa.gov mailto:Ippolito.Torre@epa.gov mailto:Lay.Marsha@epa.gov mailto:R7_Brownfields@epa.gov mailto:devincenzi.melisa@epa.gov mailto:Hanusiak.Lisa@epa.gov mailto:Lightbody.Meredith@epa.gov https://www.ecfr.gov/current/title-2/section-200.1 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 1.E.)

• Alaska Native Regional Corporation and Alaska Native Village Corporation as those terms are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following) and the Metlakatla Indian Community. For more information, please refer to the FY26 FAQs.

• Nonprofit organization described in section 501(c)(3) of title 26 (the Internal Revenue Code (IRC)) and exempt from taxation under 501(a) of that title.

• Limited liability corporation in which all managing members are 501(c)(3) nonprofit organizations exempt from taxation under 501(a) of the IRC or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations exempt from taxation under 501(a) of the IRC.

• Limited partnership in which all general partners are 501(c)(3) nonprofit organizations exempt from taxation under 501(a) of the IRC or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations exempt from taxation under 501(a) of the IRC.

• Qualified community development entity as defined in section 45D(c)(1) of the IRC.

• 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 organization that is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; is not organized primarily for profit; uses net proceeds to maintain, improve, or expand the organization’s operations; and is not an institute of higher education (IHE) as defined in 2 CFR § 200.1 (incorporating the definition at 200 U.S.C. 1001). The exclusion of IHEs from the definition of nonprofit organization at 2 CFR §

200.1 does not change IHEs’ status as nonprofit organizations when applying for funding opportunities. For the purposes of this funding opportunity, “Other nonprofit organizations” includes nonprofit colleges, universities, and other educational institutions.

Note, individuals, for-profit organizations, and organizations exempt from taxation under section 501(c)(4) of the IRC that lobby the Federal government5 are ineligible to receive Brownfields Grants.

B. Threshold Criteria Applications must meet the following threshold criteria to be considered eligible to receive a Cleanup Grant and for the proposed site(s) to be determined 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 review criteria in Section 6.B. of this announcement.

Entities that are applying for an FY26 Cleanup Grant may not apply for an FY26 Multipurpose Grant.

Applicants may not submit multiple applications (i.e., submit applications for different projects) under this funding opportunity. EPA considers departments, agencies, or instrumentalities of the same State, 5 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/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.ecfr.gov/current/title-2/section-200.1 https://www.ecfr.gov/current/title-2/section-200.1 https://www.ecfr.gov/current/title-2/section-200.1

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.

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, 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 review 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 narrative criteria. EPA’s limitations on staff involvement with grant applicants are described in EPA’s Policy for Competition of Assistance Agreements.

Applications must substantially comply with the submission instructions and requirements set forth in Section 4 of this announcement or they will be rejected.

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 4.A. for a complete list of required documents that must be submitted.

(1) Applicant Eligibility

a. From the list of eligible entities in Section 2.A., Eligible Applicants, 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.).

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

• 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.

• 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 IRC. Note that nonprofit organizations not exempt from taxation under section 501(c)(3) of the IRC must submit other forms of documentation of nonprofit status, such as certificates of incorporation as a nonprofit under State or Tribal law.

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

b. All applicants: indicate if your organization is exempt from Federal taxation under section 501(c)(4) of the IRC.

• If yes, indicate if your organization lobbies the Federal government. Note, if the organization lobbies the Federal government, the organization is ineligible for an EPA Brownfields Grant.

• If yes, but your organization does not lobby the Federal government, attach a legal opinion that states that the organization does not engage in lobbying activities.6

(2) Previously Awarded Cleanup Grants

Brownfield sites where EPA Cleanup Grant funds were previously expended may not receive additional EPA Cleanup Grant funding in FY26. 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

Indicate if the applicant has an open7 EPA Brownfields Multipurpose Grant.

Current EPA Brownfields Multipurpose Grant 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 70.00% of the funding for each Multipurpose cooperative agreement they have with EPA by October 1, 2025, in order to apply for funding under this funding opportunity.

To demonstrate this, applicants must attach a copy of a financial record displaying the amount of cooperative agreement funds drawn down and corresponding dates (e.g., a report from the Automated Standard Application for Payments (ASAP) or general ledger entries documenting receipts for funds drawn down from ASAP or the required State financial system). If necessary, 6 The Lobbying Disclosure Act (2 U.S.C. 1601 et. seq.) provides requirements for the disclosure of lobbying activities to influence the Federal Government.

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

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504 applicants may contact the assigned EPA Project Officer for the cooperative agreement 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).

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

13. below, for each site.

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

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 January 28, 2026. 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 that is determined to be functionally equivalent to ownership (for example, a nominee agreement or 99-year irrevocable lease). (EPA strongly recommends contacting the Regional Brownfields Contact listed in Section 1.E. 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 January 28, 2026. 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; and b) the address of the site, including zip code.

(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) Brownfield Site Definition

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

• facilities listed (or proposed for listing) on the National Priorities List (NPL);

• facilities subject to unilateral administrative orders, court orders, administrative orders on consent, or judicial consent decrees issued to or entered into by parties under CERCLA; and mailto:brownfields@epa.gov http://www.epa.gov/grants/grant-terms-and-conditions

• 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 1.E. 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, 2026, 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:

i. Attach a current letter from the appropriate State or Tribal Environmental Authority

(or equivalent State or Tribal regulatory oversight authority). The letter must clearly indicate that the information is for the FY26 Cleanup Grant application and not a previously submitted application. The letter must affirm that:

a. The applicant has requested, or will request, State or Tribal oversight for the site(s).

b. The site(s) is eligible to be overseen by a State or Tribal program or office.

c. Based upon the environmental site assessment(s) performed to date and information provided by the applicant, the site(s) has had a sufficient level of site characterization for the remediation work to begin; or

Additional assessment is needed to sufficiently characterize the site(s) for the remediation work to begin.

ii. If additional assessment is needed to sufficiently characterize the site(s) for the remediation work to begin, the applicant should 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, 2026, 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 program1

8 (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. If applicable, the letter may state that no voluntary response program or equivalent oversight program exists. The letter must clearly indicate that the information is for the FY26 Cleanup Grant application and not a previously submitted application.

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, 2026, for the remediation work to begin on the site(s).

Applicants selected for funding that indicate additional assessment is needed to sufficiently characterize the site(s) for the remediation work to begin must demonstrate compliance with this requirement by June 15, 2026. If section b. applies, the applicant must submit updated information to the appropriate State or Tribal Environmental Authority and request an updated letter. Failure to meet this requirement by June 15, 2026, may result in EPA not making the award.

If sections b. and c. above pertain to you, you only need to receive 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. If the letter is not provided before the deadline, EPA will accept proof that the applicant requested the letter before the application deadline (i.e., a dated copy of the email request). If attaching proof that the letter was requested, the letter should be provided to EPA by February 27, 2026. For an optional letter template that your State/Tribal Environmental Authority can use in response to section b. or c., see Grant Application Resources.

8 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.

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-312/subpart-B/section-312.10 https://www.epa.gov/brownfields/marc-grant-application-resources#Open%20Solicitations

(10) Enforcement or Other Actions Affirm there are no known ongoing or anticipated environmental enforcement or other actions related to the site for which Brownfields Grant funding is sought.

Alternatively, identify known ongoing or anticipated environmental enforcement or other actions related to the site for which Brownfields Grant funding is sought. If there are known ongoing or anticipated environmental enforcement or other actions related to the site, provide information on any inquiries, or orders from federal, State, or local government entities that the applicant is aware of regarding the responsibility of any party (including the applicant) for the contamination, or hazardous substances at the site, including any liens. The information provided in this section may be verified, and EPA may conduct an independent review of information related to the applicant’s responsibility for the contamination or hazardous substances at the site, or the site’s eligibility.

(11) Sites Requiring a Property-Specific Determination

Certain types of sites require a property-specific determination 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 FY26 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 notification or that are subject to closure requirements specified in a closure plan or permit;

• properties where there has been a release of polychlorinated biphenyls (PCBs) and all, or part, of the property is subject to TSCA remediation; and

• properties that include facilities receiving monies for cleanup from the Leaking Underground Storage Tank (LUST) Trust Fund (see the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k) for a definition of LUST Trust Fund sites).

EPA’s approval of Property-Specific Determinations will be based on whether or not awarding a grant will protect human health and the environment, and either promote economic development or enable the property to be used for parks, greenways, and similar recreational or nonprofit purposes. Property-Specific Determination requests must be included in your https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants application as an attachment and do not count toward the 10-page limit for the Narrative. (See the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k) for more information or contact your Regional Brownfields Contact listed in Section 1.E. if you think your site requires a Property-Specific Determination.)

(12) Threshold Criteria Related to CERCLA/Petroleum Liability

Entities potentially liable for contamination on the site(s) are not eligible for Brownfields Grant funding. The following items are intended to help EPA ensure that you are not potentially liable under CERCLA § 107 for response costs at the site(s) designated in your Narrative, or determine, if necessary, that your site(s) is eligible for funding as a petroleum site(s). Please respond to the following items fully and in the order that they appear. Note: based on your responses, EPA may need to obtain additional information to determine eligibility. For sites at which the applicant is demonstrating eligibility through a limitation on CERCLA § 107 liability, EPA will make an eligibility determination based on the information provided in the application. EPA will not consider information from sources outside of the application, including information from EPA files.

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

If the site is contaminated with petroleum or petroleum product, please respond to all the items under b., including the requirement to provide a petroleum determination letter.

If the site is co-mingled with hazardous substances and petroleum contaminants, determine whether the predominant contaminant is hazardous substances or petroleum, and respond to the corresponding items (as noted above).

If the site is contaminated with hazardous substances and petroleum, and the hazardous substances and petroleum contaminated areas of the site are distinguishable, respond to all the items under a. and b., including the requirement to provide a petroleum determination letter.

a. Property Ownership Eligibility – Hazardous Substance Sites

For sites contaminated by hazardous substances, persons, including government entities, who may be found liable for the contamination under CERCLA § 107 are not eligible for grants. Liable parties may include all current owners and operators, former owners and operators of the site at the time of disposal of hazardous substances, and parties that arranged for, or contributed to, the disposal or treatment of hazardous substances on the site. Therefore, even owners who did not cause or contribute to the contamination may be held liable.9

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

• They are exempt from CERCLA liability; or

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

• They qualify for funding because the property is publicly owned; was acquired prior to January 11, 2002; and the applicant has not caused or contributed to a release or threatened release of hazardous substances at the property; or

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

• The hazardous substance(s) or pollutant(s) or contaminant(s) at the site is hazardous building material(s) that is not released into the environment per CERCLA §§ 101(22) and 107(a).

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

For additional information on the CERCLA liability framework and protections that may apply to local government acquisitions of contaminated property, see EPA’s Guidance: Superfund Liability Protections for Local Government Acquisitions.

i. EXEMPTIONS TO CERCLA LIABILITY

(1) Indian Tribes

EPA does not consider Indian Tribes to be liable under CERCLA and, therefore, Tribes are exempt from demonstrating that they meet the requirements of a CERCLA liability defense to be eligible for a Brownfields Grant.

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

(2) Alaska Native Village Corporations and Alaska Native Regional Corporations

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

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

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

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

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

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

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

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

Such circumstances include:

• Seizure or in connection with law enforcement activity;

• Bankruptcy;

• Tax delinquency; or

• Abandonment.

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

See the FY26 FAQs for additional information on the types of acquisitions that are not exempt from CERCLA liability.

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

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

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

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

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

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

ii. EXCEPTIONS TO MEETING THE REQUIREMENTS FOR ASSERTING AN AFFIRMATIVE

DEFENSE TO CERCLA LIABILITY

(1) Publicly Owned Brownfield Sites Acquired Prior to January 11, 2002 Per CERCLA § 104(k)(3)(E), if an applicant that is a public entity (such as a State or local government) acquired property prior to January 11, 2002, the applicant is eligible for a Brownfields Grant and may use grant funds to address contamination at the property, even if the entity does not qualify as a bona fide prospective purchaser, provided the applicant did not cause or contribute to the release or threatened release of a hazardous substance at the property.

Provide the following information to demonstrate that the applicant qualifies for the exception at CERCLA § 104(k)(3)(E):

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

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

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

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

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

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

iii. LANDOWNER PROTECTIONS FROM CERCLA LIABILITY

To be eligible to expend Brownfields Grant funding at a site owned by an eligible entity (including State, local government, nonprofit organizations, etc.), the applicant must establish that it is a bona fide prospective purchaser (BFPP), contiguous property owner (CPO), or innocent landowner (ILO), as defined in CERCLA, unless the applicant qualifies for one of the exemptions from liability noted in section i., ii., or iv. under this threshold criterion.

Applicants asserting that they meet the BFPP, CPO, or ILO liability protection must review EPA’s Landowner Liability Protections webpage and contact the Regional Brownfields Contact listed in Section 1.E. to determine which eligibility criteria apply. For more comprehensive guidance on the landowner liability protections, see EPA’s Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who May Qualify as CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners ("Common Elements").

(1) Bona Fide Prospective Purchaser Liability Protection

Applicants that acquired property after January 11, 2002, and are asserting the BFPP liability protection (the most common liability protection) must demonstrate that they complied or are complying with all of the requirements listed below.

• The owner must have acquired title to a property after January 11, 2002.

• The owner must have conducted all appropriate inquiries (AAI) prior to acquiring the property. AAI, typically met by conducting a Phase I Environmental Site Assessment using the ASTM E1527-21 (or ASTM E2247-

16) standard practice, must be conducted or updated within one year prior to the date the property is acquired (i.e., the date on which the entity takes title to the property). In addition, certain aspects of the AAI or Phase I Environmental Site Assessment must be updated, prior to property acquisition, if the activities were conducted more than six months prior to the date of acquisition.

• The owner must not be liable in any way for contamination at the site or affiliated with any other person potentially liable for the contamination.

(Affiliations include familial, contractual, financial, or corporate relationships that are the result of a reorganization of a business entity with potential liability.)

• All disposal of hazardous substances at the site occurred before the person acquired the site.

• The owner must exercise appropriate care by taking reasonable steps to address releases, including stopping continuing releases and preventing https://www.epa.gov/enforcement/landowner-liability-protections https://epa.gov/enforcement/common-elements-guidance https://epa.gov/enforcement/common-elements-guidance https://epa.gov/enforcement/common-elements-guidance https://epa.gov/enforcement/common-elements-guidance threatened future releases and exposures to hazardous substances on the site.

• The owner must comply with any land use restrictions and not impede the effectiveness or integrity of any institutional controls associated with response actions at the site.

• The owner must provide full cooperation, assistance, and access to authorized persons.

• The owner must comply with any CERCLA information requests and administrative subpoenas, and provide all legally required notices with respect to the discovery or release of any hazardous substances found at the site.

• The owner must not impede performance of a response action or natural resource restoration.

Demonstrate that the applicant meets the requirements for the BFPP CERCLA liability protection.

(a) Information on the Property Acquisition You may combine responses to the following into one response, though please be sure to answer each item fully.

Provide information on:

(i) how you acquired (or will acquire) ownership (e.g., negotiated purchase from a private individual, voluntary purchase or transfer from another governmental unit, donation or gift, inheritance or bequest, eminent domain, or other circumstance (describe));

(ii) the date you acquired the property;

(iii) the nature of your ownership (fee simple) (note that you must have sole ownership of the site to be eligible for funding; unless EPA approves a different ownership arrangement);

(iv) the name and identity of the party from whom you acquired ownership (i.e., the transferor); and

(v) all familial, contractual, corporate, or financial relationships or affiliations you have or had with all prior owners or operators (or other potentially responsible parties) of the property (including the person or entity from which you acquired the property).

(b) Pre-Purchase Inquiry Describe any inquiry by you or others into the previous ownership, uses of the property, and environmental conditions conducted prior to taking ownership. Please include the items below in your description.

(i) The types of site assessments performed (e.g., ASTM E1527-21 Phase I), the dates of each assessment, and the entity for which they were performed (state whether the assessment was performed specifically for you, or if not, the name of the party that had the assessment performed and that party’s relationship to you).

(ii) Affirm that the AAI investigation or Phase I environmental site assessment was performed by an Environmental Professional (as defined in 40 CFR § 312.10) and the required declaration by the environmental professional is included in a written report (per 40 CFR § 312.21(d)).

(iii) If the original AAI investigation or Phase I environmental site assessment was conducted more than 180 days prior to the date you acquired the https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-312/subpart-B/section-312.10 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-312/subpart-B/section-312.10 https://www.ecfr.gov/current/title-40/part-312/section-312.21#p-312.21(d) property, affirm that you conducted the…