epa-olem-oblr-18-06_a_final_0.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY19 GUIDELINES FOR BROWNFIELDS ASSESSMENT GRANTS

ACTION: Request for Proposals (RFP)

RFP NO.: EPA-OLEM-OBLR-18-06

CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NO.: 66.818

DATE: The closing date and time for receipt of proposals is January 31, 2019, 11:59 p.m.

Eastern Time (ET). Proposals must be submitted through www.grants.gov. Proposals received after 11:59 p.m. ET on January 31, 2019 will not be considered. Please refer to the Due Date and Submission Instructions in Section IV.B. and Appendix 1 for further instructions.

SUMMARY: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Brownfields Utilization, Investment, and Local Development (BUILD) Act (P.L. 115-141), requires the U.S. Environmental Protection Agency (EPA) to publish guidance for grants to assess and clean up brownfield sites. EPA’s Brownfields Program provides funds to empower states, communities, tribes, and nonprofit organizations to prevent, inventory, assess, clean up, and reuse brownfield sites.

Entities applying for Fiscal Year 2019 (FY19) Assessment Grants may not apply for FY19 Multipurpose Grants (EPA-OLEM-OBLR-18-08).

Current EPA Brownfields Assessment Grant recipients must demonstrate that payment has been received from EPA (also known as ‘drawn down’) for at least 70% of each Assessment cooperative agreement they have with EPA by January 1, 2019 in order to apply for additional Assessment Grant funding under this solicitation.

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

EPA urges applicants to review the FY19 Brownfields Frequently Asked Questions (FAQs), which can be found at https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants.

In addition, prior to naming a contractor or subrecipient in your proposal, please carefully review Section IV.G. of these guidelines.

FUNDING/AWARDS: EPA anticipates awarding an estimated 114 Assessment Grants for an estimated $37 million, subject to the quality of proposals received, availability of funds and other https://www.grants.gov/ 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/frequently-asked-questions-about www.grants.gov applicable considerations. EPA may expend up to 25% of the amount appropriated for Brownfield Grants on sites contaminated with petroleum.

CONTENTS BY SECTION

SECTION I. – FUNDING OPPORTUNITY DESCRIPTION

I.A. Description of Grant I.B. Uses of Grant Funds I.C. EPA Strategic Plan Linkage I.D. Measuring Environmental Results: Anticipated Outputs/Outcomes I.E. Supporting Environmental Justice

SECTION II. – AWARD INFORMATION

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

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

II.C. Substantial Involvement

SECTION III. – ELIGIBILITY INFORMATION AND THRESHOLD CRITERIA

III.A. Who Can Apply?

III.B. Threshold Criteria for Assessment Grants III.C. Additional Threshold Criteria for Site-Specific Proposals Only

SECTION IV. – PROPOSAL 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. 32

4. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE

IV.F. Leveraging IV.G. Additional Provisions for Applicants Incorporated into the Solicitation

SECTION V. – NARRATIVE REVIEW INFORMATION

V.A. Evaluation Criteria V.B. Other Factors and Considerations V.C. Review and Selection Process V.D. Additional Provisions for Applicants Incorporated into the Solicitation

SECTION VI. – AWARD ADMINISTRATION INFORMATION

VI.A. Award Notices VI.B. Administrative and National Policy Requirements VI.C. Reporting Requirements VI.D. Brownfield Programmatic Requirements VI.E. Disputes VI.F. Additional Provisions for Applicants Incorporated into the Solicitation

SECTION VII. – EPA REGIONAL BROWNFIELD PROGRAM CONTACTS

Appendix 1 Grants.gov Application Submission Instructions

A. Requirement to Submit Through Grants.gov and Limited Exception Procedures B. Submission Instructions C. Technical Issues with Submission https://Grants.gov https://Grants.gov

SECTION I. – FUNDING OPPORTUNITY DESCRIPTION

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was amended by the Small Business Liability Relief and Brownfields Revitalization Act in 2002 to include Section 104(k), which provides federal financial assistance authorities for brownfields revitalization, including grants for assessment, cleanup, and revolving loan funds. The Brownfields Utilization, Investment, and Local Development (BUILD) Act enacted in 2018 reauthorized EPA’s Brownfields Program and made additional amendments to CERCLA that affect EPA’s brownfield grant authorities, and ownership and liability provisions. (Note:

References to CERCLA in this solicitation refer to CERCLA as amended by the 2002 Small Business Liability Relief and Brownfields Revitalization Act and the 2018 BUILD Act.)

A brownfield site is defined in CERCLA § 101(39) as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land.

A critical part of EPA’s Brownfields Program is to ensure that residents living in communities historically affected by economic disinvestment, health disparities, and environmental contamination have an opportunity to reap the benefits from brownfields redevelopment. EPA’s Brownfields Program has a rich history rooted in environmental justice and is committed to helping communities revitalize brownfield properties, mitigate potential health risks, and restore economic vitality.

As described in Section V.A. of this announcement, proposals will be evaluated based on the extent to which the applicant demonstrates: a vision for the reuse and redevelopment of brownfield sites and a strategy for leveraging resources to help accomplish the vision; the environmental, social, health and economic needs and benefits of the target area; strong community engagement; reasonable and eligible tasks and appropriate use of grant funding; the capacity for managing and successfully implementing the cooperative agreement; and other factors.

I.A. Description of Grant

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

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

Where multiple sites are connected through location, infrastructure, economic, social and environmental conditions, EPA encourages communities to take an area-wide approach to planning for the assessment, cleanup, and reuse of these brownfield sites. This focus on multiple brownfield sites will result in more coordinated strategies for cleanup and area revitalization versus a site-by-site focus. For more information on site reuse plans and examples of eligible planning activities, please refer to the FY19 FAQs1 and Planning Program Fact Sheets.2

Summary of Assessment Grant Options

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

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

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

• Assessment Coalition Grants are for three or more eligible entities who will perform Assessment Grant activities on at least five brownfield sites within their communities.

Applicants that exceed the number of proposals allowable for Assessment Grants will be contacted, prior to review of any of the proposals by EPA, to determine which proposal(s) the applicant will withdraw from the competition.

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

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

Up to $200,000 for hazardous substances and/or petroleum

Up to $600,000 for hazardous substances and/or petroleum

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

No waiver of funding limit

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

May also apply for a Community-wide Grant; may not apply as a member of a coalition

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

1 The FY19 Brownfields Frequently Asked Questions (FAQs) are available at https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants.

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

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

1. Community-Wide Assessment Grants

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

2. Site-Specific Assessment Grants

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

If the site is co-mingled with both hazardous substances and petroleum contamination and the hazardous substances and petroleum-contaminated areas of the site are distinguishable, the proposal must address both eligibility criteria and indicate the dollar amount of funding requested for each type of contamination. If the hazardous substances and petroleum are co-mingled and not easily distinguishable, the applicant must indicate which contaminant is predominant and respond to the appropriate site eligibility criteria. (Contact your Regional Brownfields Contact listed in Section VII. for more information.) Note that an applicant cannot propose an alternate site if the site identified in the proposal is determined by EPA to be ineligible for Brownfields Grant funding.

Applicants may request a waiver of the $200,000 limit and request up to $350,000 for a single site based on the anticipated level of contamination, size, or status of ownership of the site. Applicants requesting a waiver must attach a one-page justification for the waiver request. EPA will consider requests on a case-by-case basis. Refer to threshold criterion in Section III.C.7. for additional information.

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

3 Sites eligible for hazardous substances funding are those sites with the presence or potential presence of hazardous substances, pollutants, contaminants, sites that are contaminated with controlled substances or that are mine-scarred lands. For more information on sites eligible for hazardous substances funding, please refer to the FY19 FAQs.

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

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://1.3.2.in

3. Assessment Coalition Grants

Assessment Coalitions are designed for one “lead” eligible entity to partner with two or more eligible entities that have limited capacity to manage their own EPA cooperative agreement (see Section III.A. for a list of entities eligible to apply for an Assessment Grant). The “lead” applicant submits a proposal on behalf of the coalition members and may request funding up to $600,000 in hazardous substances5 funding (for sites with potential contamination of hazardous substances, pollutants, or contaminants) and/or petroleum6 funding (for sites with potential petroleum contamination). Coalition members may not have the same jurisdiction (for example, different departments in the same county) unless they are separate legal entities (for example, a city and an affiliated nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code). If selected, the “lead” entity will be the grant recipient and must administer the grant, be accountable to EPA for proper expenditure of the funds, and be the point of contact for the other coalition members. All Assessment Coalition Grant proposals must be community-wide; therefore, the applicant does not need to respond to the site eligibility threshold criteria in Section III.C. Site eligibility will be determined by EPA after grant award and prior to expending grant funds at any site.

Assessment Coalitions will be required to assess a minimum of five sites.

Coalition members may not be members of other coalitions, nor submit a proposal as an individual applicant, in the FY19 competition cycle. A coalition member wishing to apply as part of a different coalition or as an individual applicant must withdraw from the coalition.

Please note that once the “lead” entity submits the proposal, it becomes the applicant and the coalition members may not substitute another eligible entity as the “lead” entity after the deadline for submitting proposals has passed.

A Memorandum of Agreement (MOA) documenting the coalition’s site selection process must be in place prior to the expenditure of any funds that are awarded. The coalition members should identify and establish relationships necessary to achieve the project’s goal.

A process for successful execution of the project’s goal, including a description and role of each coalition member, should be established along with the MOA. The purpose of the MOA is for coalition members to agree internally on the distribution of funds and the mechanisms for implementing the assessment work.

For more information on a range of brownfield funding topics, please refer to the FY19 FAQs.

5 Sites eligible for hazardous substances funding are those sites with the presence or potential presence of hazardous substances, pollutants, contaminants, sites that are contaminated with controlled substances or that are mine-scarred lands. For more information on sites eligible for hazardous substances funding, please refer to the FY19 FAQs.

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

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://1.3.2.in

I.B. Uses of Grant Funds

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

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

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

2. A local government (as defined in 2 CFR § 200.64, Local Government, and summarized in Section III.A. of these guidelines and in the Health Monitoring fact sheet7) may use up to 10% of its grant funds for the following activities:

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

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

3. A portion of the Brownfields Grant may be used to purchase environmental insurance. (See the FY19 FAQs for additional information on purchasing environmental insurance.)

Grant funds cannot be used for the payment of:

1. Direct costs for proposal preparation;

2. a penalty or fine;

3. a federal cost share requirement (for example, a cost share required by other federal funds);

4. administrative costs, including all indirect costs and direct costs for grant administration in excess of five (5) percent of the total amount of EPA grant funding, with the exception of financial and performance reporting costs (which are considered allowable programmatic costs and not subject to the 5% limitation);

5. a response cost at a brownfield site for which the recipient of the grant or loan is potentially liable under CERCLA § 107;

6. a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the cleanup; or

7. unallowable costs (e.g., lobbying) under 2 CFR Part 200, Subpart E.

7 The Health Monitoring fact sheet is available at https://www.epa.gov/brownfields/brownfields-public-health-and-health-monitoring.

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

See the FY19 FAQs for additional information on ineligible grant activities and unallowable costs.

I.C. EPA Strategic Plan Linkage

The activities to be funded under this announcement support EPA’s FY 2018-2022 Strategic Plan.8 Awards made under this announcement will support Goal 1 – Core Mission, Objective 3 – Revitalize Land and Prevent Contamination of EPA’s Strategic Plan. All proposals must be for projects that support the goal and objective.

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

EPA requires that applicants adequately describe environmental outputs and outcomes to be achieved under assistance agreements.9 Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to 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 proposal is selected for award. Recipients will be expected to report progress toward the attainment of expected project outputs and outcomes during the project performance period.

Outputs and outcomes are defined as follows:

1. Outputs

The term “outputs” refers to an environmental activity, effort and/or associated work products related to an environmental goal or objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during the project period. The expected outputs for the grants awarded under these guidelines may include but are not limited to the number of brownfield sites identified in inventories, development of an area-wide plan, number of Phase I and Phase II environmental site assessments, and number of community meetings held.

2. Outcomes

The term “outcomes” refers to the result, effect, or consequence that will occur from carrying out the activities under the grant. Outcomes may be environmental, behavioral, health-related, or programmatic; must be qualitative or quantitative, and may not necessarily be achievable during the project period. Expected outcomes of Brownfield Grants include the number of jobs created and funding leveraged through the economic reuse of sites; the

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

9 EPA Order 5700.7, EPA’s Policy for Environmental Results under EPA Assistance Agreements is available at https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements.

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan https://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan https://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan https://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements number of acres made ready for reuse; acres of greenspace created for communities; and the minimized exposure to hazardous substances and petroleum contamination.

I.E. Supporting Environmental Justice

EPA defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. EPA has this goal for all communities and persons across the nation. Environmental justice will be achieved when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work.10

Environmental justice can be supported through equitable development approaches and intentional strategies to ensure that low-income and minority communities not only participate in but also benefit from decisions that shape their neighborhoods and regions. There are many different approaches that promote equitable development, such as ensuring a mix of housing types across a range of incomes; access to fresh food; access to jobs; and access to local capital.

Programs or policies can be put in place to help ensure creation or integration of affordable housing; local or first-source hiring; minority contracting; inclusionary zoning (where a percentage of new housing is designated as affordable housing); healthy food retailers in places where they do not exist (e.g. food deserts); co-operative ownership models where local residents come together to run a community-owned, jointly owned business enterprise; rent control or community land trusts (to help keep property affordable for residents); supportive local entrepreneurial activities; and adherence to equal lending opportunities.

Applicants should discuss and provide specific examples of how the proposed Brownfields Assessment Grant project will address environmental justice challenges in Section IV.E.

SECTION II. – AWARD INFORMATION

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

The estimated total funding available for Assessment Grants under this solicitation is approximately $37 million and EPA anticipates awarding an estimated 114 Assessment Grants;

subject to the availability of funds, quality of proposals, and other applicable considerations.

EPA may expend up to 25% of the amount appropriated for Brownfield Grants on sites contaminated with petroleum.

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 proposals and make no awards under this announcement or make fewer awards than anticipated.

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

http://www.epa.gov/environmentaljustice

In appropriate circumstances, EPA reserves the right to partially fund proposals 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 a proposal, will do so in a manner that does not prejudice any applicants or affect the basis upon which the proposal, or portion thereof, was evaluated and selected for award.

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

The project period for Assessment Grants is up to three years.

II.C. Substantial Involvement

The Brownfield Assessment Grant will be awarded in the form of a cooperative agreement.

Cooperative agreements permit the EPA Project Officer to be substantially involved in overseeing the work performed by the selected recipients. Although EPA will negotiate precise terms and conditions relating to substantial involvement as part of the award process, the anticipated substantial federal involvement for this project include:

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

• collaborating during the performance of the scope of work;

• in accordance with 2 CFR § 200.317 and 2 CFR § 200.318, as appropriate, review of proposed procurements;

• reviewing qualifications of key personnel (EPA will not select employees, or contractors, including consultants, employed by the award recipient);

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

• reviewing sites to verify they meet applicable site eligibility criteria.

SECTION III. – ELIGIBILITY INFORMATION AND THRESHOLD

CRITERIA

III.A. Who Can Apply?

The following information indicates which entities are eligible to apply for an Assessment Grant.

• General Purpose Unit of Local Government. [For purposes of the EPA Brownfields Grant Program, a “local government” is defined as stated under 2 CFR § 200.64.: Local government means a county, municipality, city, town, township, local public authority (including any public and Indian housing agency under the United States Housing Act of 1937), school district, special district, intrastate district, council of governments (whether or not incorporated as a nonprofit corporation under state law), any other regional or interstate government entity, or any agency or instrumentality of a local government.]

• Land Clearance Authority or another quasi-governmental entity that operates under the supervision and control of, or as an agent of, a general purpose unit of local government.

• Government Entity Created by State Legislature.

• Regional Council or group of General Purpose Units of Local Government.

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

• State.

• Indian tribe other than in Alaska. (The exclusion of Alaskan Tribes from Brownfields Grant eligibility is statutory at CERCLA § 104(k)(1)). Intertribal Consortia, comprised of eligible Indian tribes, are eligible for funding in accordance with EPA’s policy for funding intertribal consortia published in the Federal Register on November 4, 2002, at 67 Fed. Reg. 67181.

This policy also may be obtained from your Regional Brownfields Contact listed in Section

VII.)

• Alaska Native Regional Corporation, Alaska Native Village Corporation, and Metlakatla Indian Community. (Alaska Native Regional Corporations and Alaska Native Village Corporations are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following. For more information, please refer to the FY19 FAQs.)

• Nonprofit organization described in section 501(c)(3) of the Internal Revenue Code.

• Limited liability corporation in which all managing members are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations.

• Limited liability partnership in which all general partners are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations.

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

III.B. Threshold Criteria for Assessment Grants

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive an Assessment Grant. Threshold criteria are pass/fail and include 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 proposals that pass all the threshold criteria will be evaluated against the evaluation criteria in Section V.A. of this announcement.

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 a proposal is submitted that includes any ineligible tasks or activities, that portion of the proposal will be ineligible for funding and may, depending on the extent to which it affects the proposal, render the entire proposal ineligible for funding.

EPA staff will respond to questions regarding threshold eligibility criteria, administrative issues related to the submission of the proposal, and requests for clarification about this announcement.

For purposes of the threshold eligibility review, EPA, if necessary, may seek clarification of applicant information and/or consider information from other sources, including EPA files.

In order to maintain the integrity of the competition process, EPA staff cannot meet with individual applicants to discuss draft proposals, provide informal comments on draft proposals, or provide advice to applicants on how to respond to ranking criteria. EPA’s limitations on staff https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants involvement with grant applicants are described in EPA’s Policy for Competition of Assistance Agreements.11

Proposals must substantially comply with the proposal submission instructions and requirements set forth in Section IV. of this announcement or they will be rejected. Pages exceeding the page limits described in Section IV.C. for the Narrative Information Sheet and the Narrative, and attachments not specifically required, will not be reviewed.

In addition, proposals 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 proposal submission deadline. Applicants are responsible for following the submission instructions in Section IV. and Appendix 1 of this announcement to ensure that their proposal is submitted in a timely manner.

Proposals received after the submission deadline will be considered late and deemed ineligible without further consideration unless the applicant can clearly demonstrate that it was late due to EPA mishandling or because of technical problems associated with www.grants.gov or relevant www.sam.gov system issues. An applicant’s failure to timely submit their proposal through www.grants.gov because they did not timely or properly register in www.sam.gov or www.grants.gov will not be considered an acceptable reason to consider a late submission.

EPA will verify that the Data Universal Number System (DUNS) number listed on the application is the correct DUNS number for the applicant’s organization/department. If the correct DUNS number is not included on the application, the application may be deemed ineligible.

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

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

1. Applicant Eligibility Provide information that demonstrates how you are an eligible entity for an Assessment Grant as specified in Section III.A., Who Can Apply?

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

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

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

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

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

All coalition members must submit a letter to the grant applicant (the “lead” coalition member) in which they agree to be part of the coalition. An active Memorandum of Agreement that includes a description and role of each coalition member may serve in place of the individual coalition members’ letters. Attach the document(s) to the proposal.

• For nonprofit organizations, or organizations comprised of nonprofit organizations, provide documentation as an attachment to the Narrative demonstrating tax-exempt status under section 501(c)(3) of the Internal Revenue Code.

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

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 proposal.

3. Expenditure of Assessment Grant Funds Current EPA Brownfields Assessment Grant recipients must demonstrate that payment has been received from EPA (also known as ‘drawn down’) for at least 70% of each Assessment cooperative agreement they have with EPA by January 1, 2019 in order to apply for additional Assessment Grant funding under this solicitation.

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

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

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

The following items provide important information related to determining if a proposed site is eligible for Brownfields Grant funding.

1. Basic Site Information Identify: a) the name of the site; b) the address of the site, including zip code; and c) the current owner of the site.

mailto:minor-gordon.jerry@epa.gov

2. Status and History of Contamination at the Site Identify: a) whether this site is contaminated by hazardous substances or petroleum; b) the operational history and current use(s) of the site; c) environmental concerns, if known, at the site; and d) how the site became contaminated, and to the extent possible, describe the nature and extent of the contamination.

3. Brownfields Site Definition To be eligible for Brownfields Grant funding, sites must meet the definition of a brownfield under CERCLA § 101(39) as described in the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k).12 The following types of properties are not eligible for Brownfields Grant funding:

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

• facilities subject to unilateral administrative orders, court orders, administrative orders on consent, or judicial consent decrees issued to or entered into by parties under CERCLA; and

• facilities that are subject to the jurisdiction, custody, or control of the U.S.

government. (Note: Land held in trust by the U.S. government for an Indian tribe is eligible for funding.)

Affirm that the site is: a) not listed or proposed for listing on the National Priorities List; b) not subject to unilateral administrative orders, court orders, administrative orders on consent, or judicial consent decrees issued to or entered into by parties under CERCLA; and c) not subject to the jurisdiction, custody, or control of the U.S. government. (Please refer to CERCLA §§ 101(39)(B)(ii), (iii), and (vii) and the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k).)

4. Enforcement or Other Actions Identify known ongoing or anticipated environmental enforcement or other actions related to the site for which Brownfields Grant funding is sought. 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.

5. Sites Requiring a Property-Specific Determination Certain types of sites require a property-specific determination in order to be eligible for Brownfields Grant funding. Please refer to Section 1.5 in the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k) and the information below to determine whether your site requires a property-specific determination. If your site requires a property-specific determination, then you must attach the information requested in the FY19 FAQs. If not required, affirm that the site does not need a Property-Specific Determination.

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

https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants

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 attached to your proposal and do not count toward the 10-page limit for the Narrative. (See the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k) for more information or contact your Regional Brownfields Contact listed in Section VII. if you think your site requires a Property-Specific Determination.)

6. Threshold Criteria Related to CERCLA/Petroleum Liability Applicants eligible for Brownfields Grant funding cannot be liable for contamination on any site that will be assessed using Brownfields Grant funding. The following items are intended to help EPA ensure that you are not liable under CERCLA § 107 for response costs at the site(s) designated in your Narrative, or determine, if necessary, that your site(s) is eligible for funding as a petroleum site(s). Please respond to the following items fully and in the order that they appear. Note, based on your responses, EPA may need to obtain additional information to make a determination.

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

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

https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k

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.13

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

• Are exempt from CERCLA liability; or

• Qualify for funding because the property was publicly owned and acquired prior to

January 11, 2002; or

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

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

i. EXEMPTIONS TO CERCLA LIABILITY

(1) Applicant Does NOT/Will Not Own the Site at Time of Proposal Submission If you, the applicant, do not own the site to be assessed, please:

(a) affirm that you did not arrange for the disposal of hazardous substances at the site or transport hazardous substances to the site, and that you did not cause or contribute to any releases of hazardous substances at the site;

(b) describe your relationship with the owner and the owner’s role in the work to be performed; and

(c) indicate how you will gain access to the site.

13 Note that under Section 7 of the BUILD Act, a government entity that acquired property before January 11, 2002 is eligible for Brownfields Grant funding even if it does not qualify as a 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.

(2) Indian Tribes EPA has not considered 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.

(3) 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 contamination. 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 property was acquired.

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

(4) Property Acquired Under Certain Circumstances by Units of State and Local Government 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 any contamination 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 any law enforcement activity;

• Bankruptcy;

• Tax delinquency;

• Abandonment; or

• Other circumstances where title to the property was acquired by virtue of…