EPA-OLEM-OBLR-21-04_Assessment.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY22 GUIDELINES FOR BROWNFIELD ASSESSMENT GRANTS

ACTION: Request for Applications (RFA)

RFA NO.: EPA-OLEM-OBLR-21-04

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

DATE: The closing date and time for receipt of applications is December 1, 2021, 11:59 p.m.

Eastern Time (ET). Applications must be submitted through www.grants.gov. Applications received after 11:59 p.m. ET on December 1, 2021, 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. This guidance provides information on applying for Assessment Grants.

EPA continues to provide flexibility to applicants experiencing challenges related to COVID-19.

Please see the Flexibilities Available to Organizations Impacted by COVID-19 clause in Section IV of EPA’s Solicitation Clauses at www.epa.gov/grants/epa-solicitation-clauses and the instructions outlined in Section IV.B. of this announcement.

In FY22, EPA is soliciting applications for the following Assessment Grant types:

• Community-wide Assessment Grants – up to $500,000

• Site-specific Assessment Grants – up to $350,000

• NEW: Community-wide Assessment Grants for States and Tribes – up to $2 million

Note, a solicitation for new Assessment Coalition Grants is not available in FY22.

Entities applying for a Community-wide Assessment Grant that have flexible local laws to conduct assessments beyond their jurisdictional boundaries can formally partner with other eligible entities through a Memorandum of Agreement (similar to a partnership under the Assessment Coalition model) to expand the community-wide assessment scope of work beyond the applicant’s boundaries and to ensure site access. If selected for funding, the scope of work in the workplan will outline the boundaries of the Community-wide Assessment Grant, describe any partnerships and access agreements, and explain how the grant funds will be spent. A Memorandum of Agreement (MOA) or similar agreement documenting the partnership’s site selection process must be in place prior to the expenditure of any funds that are awarded.

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

The list of entities that can apply for an FY22 Community-wide Assessment Grant for States and Tribes include:

• State.

• Indian tribe other than in Alaska and Intertribal Consortia comprised of eligible Indian tribes.

• Alaska Native Regional Corporation, Alaska Native Village Corporation, and Metlakatla

Indian Community.

Please refer to Section III.A. for additional information on the eligible entities.

Community-wide and Site-specific Assessment Grant applicants: Current EPA Brownfields Assessment 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 Assessment cooperative agreement they have with EPA by October 1, 2021, in order to apply for additional Assessment Grant funding under this solicitation. [This requirement does not apply to entities applying for an FY22 Community-wide Assessment Grant for States and Tribes.]

Entities that were previously awarded a Brownfields Multipurpose Grant that would like to apply for an FY22 Community-wide Assessment Grant or Site-specific Assessment Grant 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 the Multipurpose cooperative agreement by October 1, 2021.

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 FY22 Brownfields Frequently Asked Questions (FAQs), which can be found at www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants.

In addition, prior to naming a contractor (including a consultant) or subrecipient in your application, please carefully review Section III.B.3. and Section IV.H. of these guidelines and Section D. in the FY22 FAQs.

FUNDING/AWARDS: EPA anticipates awarding an estimated 69 Assessment Grants for an estimated $47 million, including 9 Community-wide Assessment Grants for States and Tribes for an estimated $17 million, subject to the quality of applications received, availability of funds, and other applicable considerations.

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-multipurpose-assessment-rlf-and-cleanup-grants

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 Applications Only III.D. Additional Threshold Criteria for Community-wide Assessment Grants for States and Tribes

Only

SECTION IV. – APPLICATION SUBMISSION INFORMATION

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

1. PROJECT AREA DESCRIPTION AND PLANS FOR REVITALIZATION

2. COMMUNITY NEED AND COMMUNITY ENGAGEMENT

3. TASK DESCRIPTIONS, COST ESTIMATES, AND MEASURING PROGRESS

4. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE

IV.F. Leveraging IV.G. Confidential Business Information IV.H. 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. Requirements to Submit Through Grants.gov and Limited Exception Procedures B. Submission Instructions C. Technical Issues with Submission

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 benefit from brownfields redevelopment. EPA’s Brownfields Program has a rich history rooted in environmental justice and is committed to helping communities revitalize brownfield properties, mitigate potential health risks, and restore economic vitality.

As described in Section V.A. of this announcement, applications will be evaluated based on the extent to which the applicant demonstrates: a vision for the reuse and redevelopment of brownfield sites and a strategy for leveraging resources to help accomplish the vision; the environmental, social, health and economic needs and benefits of the target area; strong community engagement; reasonable costs 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. A portion of the Assessment Grant funding must be used to conduct site assessments. Assessment Grant funds may not be used to conduct cleanup activities.

Conducting Brownfields Planning & Developing Site Reuse Plans Successful brownfields reuse and 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 FY22 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 for Community-wide Assessment Grant for States and Tribes.

• 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.

• Community-wide Assessment Grants for States and Tribes are only available to state agencies, tribes, and eligible native corporations in Alaska. An applicant must plan to use grant funds to assess a minimum of 10 brownfield sites in disadvantaged communities throughout its jurisdiction.

Applicants that exceed the number of applications allowable for Assessment Grants 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. The table below summarizes the funding parameters for each type of Assessment Grant.

1. Community-Wide 2. Site-Specific 3. Community-wide Assessment Grants for States and Tribes

Up to $500,000 to address sites contaminated by 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 to address a site contaminated by hazardous substances and/or petroleum

Up to $2,000,000 to address sites contaminated by hazardous substances and/or petroleum

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

No waiver of funding limit

1 The FY22 Brownfields Frequently Asked Questions (FAQs) are available at www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants.

2 The Planning Program Fact Sheets are available at 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 http://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants http://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants http://www.epa.gov/brownfields/information-eligible-planning-activities http://www.epa.gov/brownfields/information-eligible-planning-activities

1. Community-Wide

2. Site-Specific 3. Community-wide Assessment Grants for States and Tribes

Period of performance is 3 years. Period of performance is 3 years. Period of performance is 5 years.

May only apply for one Community-wide Grant; may also apply for one Site-specific Grant; may not apply for a Community-wide Assessment Grant for States and Tribes.

May only apply for one Site-specific Assessment Grant; may also apply for one Community-wide Grant; may not apply for a Community-wide Assessment Grant for States and Tribes.

May only apply for one a Community-wide Assessment Grant for States and Tribes;

may not apply for an individual Community-wide or Site-specific Grant.

1. Community-wide Assessment Grants

Applicants may request up to $500,000 to address sites contaminated by hazardous substances3 (i.e., sites with potential contamination of hazardous substances, pollutants, or contaminants) and/or petroleum4 (i.e., 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 can apply for only one Community-wide Assessment Grant. An applicant that applies for a Community-wide Assessment Grant may also apply for a Site-specific Assessment Grant, but may not apply for a Community-wide Assessment Grant for States and Tribes.

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 and applicants must respond to the additional threshold criteria in Section III.C.

concerning site eligibility and eligibility related to the type of 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 application must address both eligibility criteria. If the hazardous substances and petroleum are co-mingled and not easily distinguishable, the applicant must indicate which contaminant is predominant and respond to the appropriate site eligibility criteria. (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 application is determined by EPA to be ineligible for Brownfields Grant funding.

3 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 FY22 FAQs.

4 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).

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

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 the threshold criterion in Section III.C.7. for additional information.

An applicant that submits a Site-specific Assessment Grant application may also apply for a Community-wide Assessment Grant, but may not apply for a Community-wide Assessment Grant for States and Tribes.

3. Community-wide Assessment Grants for States and Tribes

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

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

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

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

Applicants may request funding up to $2,000,000 to address sites contaminated by hazardous substances5 (i.e., sites with potential contamination of hazardous substances, pollutants, or contaminants) and/or petroleum6 (i.e., sites with potential petroleum contamination) throughout their jurisdiction. 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.

Recipients of a Community-wide Assessment Grant for States and Tribes will be required to assess a minimum of 10 sites.

EPA will only accept one Community-wide Assessment Grant Application per eligible state agency as defined above and one application per tribe. If EPA receives more than one application per state (regardless if the applications are submitted by different eligible state agencies), EPA will only select the highest-ranking application that qualifies for selection.

An applicant that applies for a Community-wide Assessment Grant for State and Tribes may not apply for Community-wide Assessment Grant or Site-specific Assessment Grant funding.

5 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 FY22 FAQs.

6 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).

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

If a tribe’s reservation is included in an application submitted by an intertribal consortium, that tribe may not also submit an application for a Community-wide Assessment Grant.

For examples of grant project accomplishments across the country, please see the EPA Brownfield Grant Recipients Success Stories.7 For more information on a range of brownfield funding topics, please refer to the FY22 FAQs.

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, Assessment Grant funds may be used for:

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

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

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

Section III.A. of these guidelines and the Health Monitoring Fact Sheet8) 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 FY22 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);

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

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

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

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

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

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

See the FY22 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.9 Awards made under this announcement will support Goal 1 – A Cleaner, Healthier Environment, Objective 3 – Revitalize Land and Prevent Contamination of EPA’s Strategic Plan.

All applications must be for projects that support this goal and objective.

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

EPA requires that applicants adequately describe environmental outputs and outcomes to be achieved under assistance agreements.10 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 application is selected for award. Recipients will be expected to report progress toward the attainment of expected project outputs and outcomes during the project performance period.

Outputs and outcomes are defined as follows:

1. Outputs

The term “outputs” refers to an environmental activity, effort, and/or associated work products related to an environmental goal or objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during the project period. The expected outputs for the grants awarded under these guidelines may include but are not limited to the number of 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.

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

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

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/planandbudget/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 http://www.epa.gov/planandbudget/fy-2018-2022-epa-strategic-plan http://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements

2. Outcomes

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

I.E. Supporting Environmental Justice

EPA defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. EPA has this goal for all communities and persons across the nation. Environmental justice will be achieved when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work.11

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

Environmental justice can be supported through equitable development approaches and intentional strategies to ensure that low-income and minority communities not only participate in 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 of contractor or subrecipient employees provided the recipient does not impose geographic preferences for procurements in violation of 2 CFR 200.319(c); minority contracting pursuant to 40 CFR Part 33; inclusionary zoning (where a percentage of new housing is designated as affordable housing); healthy food retailers in places where they do not exist (e.g., food deserts); co-operative ownership models where local residents come together to run a community-owned, jointly owned business enterprise; rent control or community land trusts (to help keep property affordable for residents); supportive local entrepreneurial activities; and adherence to equal lending opportunities.

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

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

http://www.epa.gov/environmentaljustice

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 $47 million. EPA anticipates awarding an estimated 69 Assessment Grants, including awarding 9 Community-wide Assessment Grants for States and Tribes for approximately $17 million, subject to the availability of funds, quality of applications, and other applicable considerations.

In addition, EPA reserves the right to award additional grants under this competition should additional funding become available. Any additional selections for awards will be made no later than six months from the date of the original selection decisions. EPA reserves the right to reject all applications and make no awards under this announcement or make fewer awards than anticipated.

In appropriate circumstances, EPA reserves the right to partially fund applications by funding discrete portions or phases of proposed projects. To maintain the integrity of the competition and selection process, EPA, if it decides to partially fund an application, will do so in a manner that does not prejudice any applicants or affect the basis upon which the application, or portion thereof, was evaluated and selected for award.

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

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

II.C. Substantial Involvement

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

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

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

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

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

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

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

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

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

• Reviewing and commenting on quarterly and annual reports prepared under the cooperative agreement (the final decision on the content of reports rests with the recipient or subrecipients receiving pass-through awards);

• Verifying sites meet applicable site eligibility criteria; and

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

SECTION III. – ELIGIBILITY INFORMATION AND THRESHOLD

CRITERIA

III.A. Who Can Apply?

The following information indicates which entities are eligible to apply for a Community-wide Assessment Grant and Site-specific Assessment Grant.

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

Program, EPA uses the definition of Local government at 2 CFR § 200.1: Local government means a county, municipality, city, town, township, local public authority (including any public and Indian housing agency under the United States Housing Act of 1937), school district, special district, intrastate district, council of governments (whether or not incorporated as a nonprofit corporation under state law), any other regional or interstate government entity, or any agency or instrumentality of a local government.]

• Land Clearance Authority or another quasi-governmental entity that operates under the supervision and control of, or as an agent of, a General Purpose Unit of Local Government.

• Government Entity Created by State Legislature.

• Regional Council 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 Tribes from Alaska, with the exception of the Metlakatla Indian Community as noted below, from Brownfields Grant eligibility is statutory at CERCLA § 104(k)(1)). Intertribal Consortia, comprised of eligible Indian tribes, are eligible for funding in accordance with EPA’s policy for funding intertribal consortia published in the Federal Register on November 4, 2002, at 67 Fed. Reg. 67181. This policy also may be obtained from your Regional Brownfields Contact listed in Section VII.)

• Alaska Native Regional Corporation, Alaska Native Village Corporation, and Metlakatla Indian Community. (Alaska Native Regional Corporations and Alaska Native Village

Corporations are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following). For more information, please refer to the FY22 FAQs.)

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

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

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

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

The following information indicates which entities are eligible to apply for a Community-wide Assessment Grant for States and Tribes.

• State.

• Indian tribe other than in Alaska. (The exclusion of Tribes from Alaska, with the exception of the Metlakatla Indian Community as noted below, from Brownfields Grant eligibility is statutory at CERCLA § 104(k)(1)). Intertribal Consortia, comprised of eligible Indian tribes, are eligible for funding in accordance with EPA’s policy for funding intertribal consortia published in the Federal Register on November 4, 2002, at 67 Fed. Reg. 67181. This policy also may be obtained from your Regional Brownfields Contact listed in Section VII.)

• Alaska Native Regional Corporation, Alaska Native Village Corporation, and Metlakatla Indian Community. (Alaska Native Regional Corporations and Alaska Native Village Corporations are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following). For more information, please refer to the FY22 FAQs.)

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

III.B. Threshold Criteria for 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 are based on certain requests for information identified below. The information you submit will be used by EPA solely to make eligibility determinations for Brownfield Grants and is not legally binding for other purposes including federal, state, or tribal enforcement actions. Only those applications that pass all the threshold criteria will be evaluated against the evaluation criteria in Section V.A. of this announcement.

Applicants that exceed the number and type of applications allowable (as outlined in Section I.A.) 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. EPA considers departments of the same state, tribal, or city governments to be the same applicant, unless they report to different elected executives (even if they have different unique entity identifiers, e.g., DUNS number).

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

Applicants deemed ineligible for funding consideration as a result of the threshold eligibility review will be notified within 15 calendar days of the ineligibility determination.

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

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

In order to maintain the integrity of the competition process, EPA staff cannot meet with individual applicants to discuss draft applications, provide informal comments on draft applications, or provide advice to applicants on how to respond to ranking criteria. EPA’s limitations on staff involvement with grant applicants are described in EPA’s Policy for Competition of Assistance Agreements.12

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

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

Applications 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 application through www.grants.gov because they did not timely or properly register in www.sam.gov or www.grants.gov will not be considered an acceptable reason to consider a 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 in the application, the application may be deemed ineligible. Applicants need to ensure that the correct Authorized Organization Representative

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

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

(AOR) and DUNS number of the entity that will receive the award and will be held accountable by EPA for the proper expenditure of funds are listed on the application.

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

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

1. Applicant Eligibility

From the list of eligible entities in Section III.A., Who Can Apply?, indicate your applicant type and provide information that demonstrates how you are an eligible entity for an Assessment Grant.

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

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

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

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

2. Community Involvement

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

3. Named Contractors and Subrecipients

EPA does not require or encourage applicants to name procurement contractors (including consultants) or subrecipients in applications for Brownfields grant funding. However, if an applicant chooses to identify a procurement contractor(s) or subrecipient(s) to conduct work proposed in this application, the applicant must comply with the following requirements even if the entity is referred to as a “partner” in the application.

Note – Successful applicants that do not name procurement contractors or subrecipients in their applications must also comply with the requirements described below, regardless if the contractor was procured before or after the EPA cooperative agreement is awarded. For example, firms or individual consultants that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements as provided in 2 CFR § 200.319(b).

https://www.ecfr.gov/cgi-bin/text-idx?SID=e45d2457d8430f61b740da1f8449be00&mc=true&node=se2.1.200_1319&rgn=div8

• Contractors. Applicants, other than state applicants, that identify a procurement contractor(s) in their application where the amount of the contract will be more than the micro-purchase threshold in 2 CFR § 200.320(a)(1) ($10,000 for most applicants) must demonstrate, in their application, how the contractor (including consultants) was selected in compliance with the fair and open competition requirements in 2 CFR Part 200 and 2 CFR Part 1500. EPA provides guidance on complying with the competition requirements in the Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements.13 For example, EPA will not accept sole source justifications for proposed procurement contracts for services such as environmental consulting, engineering, and remediation that are available in the commercial marketplace.

Describe the procurement procedures that were followed to hire the contractor(s) that is named in this application and include information on where and when the Request for Proposals/Request for Qualifications was posted. Alternatively, state ‘n/a’ or ‘not applicable’ if a contractor is not named in this application.

• Subrecipients. All applicants, including states, must demonstrate that the named subrecipient is eligible for a subaward in compliance with Appendix A of EPA’s Subaward Policy.14 This policy provides, among other things, that transactions between recipients and for-profit firms and individual consultants are procurement contracts rather than subawards when the transaction involves the acquisition of services from the firm or individual.

Refer to EPA's Contracts and Subawards Solicitation Clause15 for additional guidance on these requirements which must be met for all contractors (except for micro-purchases as described above) and/or subrecipients specifically named in the application.

Describe how the named subrecipient is eligible for a subaward (e.g., is a nonprofit organization or unit of government). Alternatively, state ‘n/a’ or ‘not applicable’ if a subrecipient is not named.

Failure to demonstrate compliance with these requirements in the application will result in rejection of the application. EPA staff may contact the applicant to clarify issues or obtain additional information before making a final determination of compliance and rejection of the application. Please see Section D. in the FY22 FAQs for additional guidance.

13 EPA’s Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements is available at www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements.

14 Appendix A of EPA’s Subaward Policy is available at www.epa.gov/sites/production/files/2020- 11/documents/gpi-16-01-subaward-policy_app-a.pdf.

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

https://www.ecfr.gov/cgi-bin/text-idx?SID=df09f9a34de3d57ed84cae3012b80255&mc=true&node=se2.1.200_1320&rgn=div8 https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements https://www.epa.gov/sites/production/files/2020-11/documents/gpi-16-01-subaward-policy_app-a.pdf https://www.epa.gov/sites/production/files/2020-11/documents/gpi-16-01-subaward-policy_app-a.pdf https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants http://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements http://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements http://www.epa.gov/sites/production/files/2020-11/documents/gpi-16-01-subaward-policy_app-a.pdf http://www.epa.gov/sites/production/files/2020-11/documents/gpi-16-01-subaward-policy_app-a.pdf http://www.epa.gov/grants/epa-solicitation-clauses

Entities applying for a Community-wide Assessment Grant and Site-specific Assessment Grant must provide a response to III.B.4., Expenditure of Existing Grant Funds.

4. Expenditure of Existing Grant Funds

Current EPA Brownfields Assessment Grant recipients and 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 Assessment and Multipurpose cooperative agreement they have with EPA by October 1, 2021, in order to apply for Assessment Grant funding under this solicitation.

In order to demonstrate this, applicants must…