EPA-OLEM-OBLR-22-05 RFA.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY23 GUIDELINES FOR BROWNFIELD ASSESSMENT GRANTS

(COMMUNITY-WIDE ASSESSMENT GRANTS)

ACTION: Request for Applications (RFA)

RFA NO.: EPA-OLEM-OBLR-22-05

ASSISTANCE LISTING NO.: 66.818

DATE: The closing date and time for receipt of applications is November 22, 2022, 11:59 p.m.

Eastern Time (ET). Applications must be submitted through www.grants.gov. Applications received after 11:59 p.m. ET on November 22, 2022, will not be considered. Please refer to the Due Date and Submission Instructions in Section IV.B. and Appendix 1 for further instructions.

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

Please see the Flexibilities Available to Organizations Impacted by COVID-19 clause in Section IV of EPA’s Solicitation Clauses1 and the instructions outlined in Section IV.B. of this announcement.

FUNDING/AWARDS: EPA anticipates awarding an estimated 61 Community-wide Assessment Grants for an estimated total of $30.5 million, subject to the quality of applications received, availability of funds, and other applicable considerations.

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

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

CONTENTS BY SECTION

SECTION I. – FUNDING OPPORTUNITY DESCRIPTION

I.A. Description of Grant I.B. Uses of Grant Funds I.C. EPA Strategic Plan Linkage I.D. Measuring Environmental Results: Anticipated Outputs/Outcomes I.E. Supporting Environmental Justice I.F. Additional Provisions for Applicants Incorporated Into the Solicitation

SECTION II. – AWARD INFORMATION

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

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

II.C. Substantial Involvement

SECTION III. – ELIGIBILITY INFORMATION AND THRESHOLD CRITERIA

III.A. Who Can Apply?

III.B. Threshold Criteria for Assessment Grants

SECTION IV. – APPLICATION SUBMISSION INFORMATION

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

1. PROJECT AREA DESCRIPTION AND PLANS FOR REVITALIZATION

2. COMMUNITY NEED AND COMMUNITY ENGAGEMENT

3. TASK DESCRIPTIONS, COST ESTIMATES, AND MEASURING PROGRESS . 25

4. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE

IV.F. Leveraging IV.G. Confidential Business Information

SECTION V. – NARRATIVE REVIEW INFORMATION

V.A. Evaluation Criteria V.B. Other Factors and Considerations V.C. Review and Selection Process

SECTION VI. – AWARD ADMINISTRATION INFORMATION

VI.A. Award Notices VI.B. Administrative and National Policy Requirements VI.C. Reporting Requirements VI.D. Brownfield Programmatic Requirements VI.E. Disputes

SECTION VII. – EPA REGIONAL BROWNFIELD PROGRAM CONTACTS

Appendix 1 Grants.gov Application Submission Instructions

A. Requirements to Submit Through Grants.gov and Limited Exception Procedures B. Submission Instructions C. Technical Issues with Submission D. Application Materials

SECTION I. – FUNDING OPPORTUNITY DESCRIPTION

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was amended by the Small Business Liability Relief and Brownfields Revitalization Act in 2002 to include Section 104(k), which provides federal financial assistance authorities for brownfields revitalization, including grants for assessment, cleanup, and revolving loan funds. The Brownfields Utilization, Investment, and Local Development (BUILD) Act (Public Law 115-

141) enacted in 2018 reauthorized EPA’s Brownfields Program and made additional amendments to CERCLA that affect EPA’s brownfield grant authorities, and ownership and liability provisions. (Note: References to CERCLA in this solicitation refer to CERCLA as amended by the 2002 Small Business Liability Relief and Brownfields Revitalization Act and the 2018 BUILD Act.) EPA’s Brownfields Program provides funds to empower states, tribal nations, communities, and nonprofit organizations to prevent, inventory, assess, clean up, and reuse brownfield sites. This guidance provides information on applying for Community-wide Assessment Grants.

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

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

EPA expects that funding awarded will advance the Biden Administration’s Justice40 priorities which promises to deliver at least 40 percent of the overall benefits from key federal investments to disadvantaged communities.2

As described in Section V.A. of this announcement, applications will be evaluated based on the extent to which the applicant demonstrates: a vision for the 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, eligible tasks, and appropriate use of grant funding;

2 Disadvantaged – Consideration of appropriate data, indices, and screening tools to determine whether a specific community is disadvantaged should be based on a combination of variables that may include, but are not limited to, the following: low income, high and/or persistent poverty; high unemployment and underemployment; racial and ethnic residential segregation, particularly where the segregation stems from discrimination by government entities;

linguistic isolation; high housing cost burden and substandard housing; distressed neighborhoods; high transportation cost burden and/or low transportation access; disproportionate environmental stressor burden and high cumulative impacts; limited water and sanitation access and affordability; disproportionate impacts from climate change; high energy cost burden and low energy access; jobs lost through the energy transition; and access to healthcare. Office of Management and Budget’s Interim Implementation Guidance for the Justice40 Initiative Memo (July 20, 2021). www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf the capacity for managing and successfully implementing the cooperative agreement; and other factors.

Prior to naming a contractor (including a consultant) or subrecipient in your application, please carefully review Section III.B.4. of these guidelines, Section IV of EPA’s Solicitation Clauses, and Section D. in the FY23 Brownfields Frequently Asked Questions (FAQs). 3

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

EPA urges applicants to review the FY23 FAQs.

I.A. Description of Grant

Assessment Grants provide funding for developing inventories of brownfield sites, prioritizing sites, conducting community involvement activities, conducting planning, conducting site assessments4, developing site-specific cleanup plans, and developing reuse plans related to brownfield sites. A portion of the Assessment Grant funding must be used to conduct site assessments. Assessment Grant funds may not be used to conduct cleanup activities.

Community-wide Assessment Grants are appropriate for communities that are beginning to address their brownfield challenges, as well as for communities that have ongoing efforts to bring sites into productive reuse.

Applicants may request funding up to $500,000 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). 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.7 EPA will determine site eligibility after the award of the grant throughout the project period.

Applicants can apply for only one Community-wide Assessment Grant.

3 The FY23 Brownfields Frequently Asked Questions (FAQs) are available at www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants.

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

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 FY23 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).

7 As provided in CERCLA § 104(k)(5)(A)(i)(II), EPA may approve a waiver that allows recipients to use up to $350,000 per site based on the anticipated level of contamination, size, or status of ownership of the site.

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

Note, a solicitation for new Site-specific Assessment Grants is not available in FY23. EPA encourages entities that are interested in assessing a specific site to apply for an FY23 Community-wide Assessment Grant.

I.B. Uses of Grant Funds

Assessment Grant funds can be used for the direct costs associated with the inventory, site prioritization, community involvement, site reuse planning, assessment, and cleanup planning for brownfield sites.

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 FY23 FAQs and Planning Program Fact Sheets.8

Participant Support Costs EPA recognizes that effective community engagement is vital to help alleviate environmental justice concerns for citizens in underserved areas and give them a voice in their community's future. A community liaison can serve as a key resource to help ensure the citizens' goals and interests are reflected in the planned reuse of individual brownfield sites as well as the revitalization of the areas in which they live, work, play, learn, and pray.

Recipients may use a portion of the Assessment Grant for eligible participant support costs associated with one community liaison per target area who is not an employee of the recipient.

This may include reasonable stipends to compensate an individual community member’s time and travel costs for participating in project-related meetings (e.g., meetings with the community, meetings held by a brownfields advisory board, etc.) and time associated with other specific tasks that are directly tied to related community engagement efforts. Note that stipends may only be paid for actual time spent working on tasks associated with the project and must not duplicate support provided through other Federal, state, tribal, or local programs.

In their project descriptions, applicants should describe the process they will follow for determining the amounts of allowable stipends, procedures for accounting for participant support cost payments (including receipts), and documenting that the costs are allowable and do not

8 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/information-eligible-planning-activities duplicate other support for the individual(s). Additional information on participant support costs is available in EPA’s Guidance on Participant Support Costs.9

For examples of grant project accomplishments across the country, please see the EPA Brownfield Grant Recipients Success Stories.10 For more information on a range of brownfield funding topics, please refer to the FY23 FAQs.

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 Sheet11) 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 FY23 FAQs for additional information on purchasing environmental insurance.)

Grant funds cannot be used for the payment of:

1. Direct costs for proposal preparation;

2. a penalty or fine;

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

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

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

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

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

https://www.epa.gov/sites/default/files/2020-11/documents/epa-guidance-on-participant-support-costs.pdf 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 https://www.epa.gov/sites/default/files/2020-11/documents/epa-guidance-on-participant-support-costs.pdf https://www.epa.gov/sites/default/files/2020-11/documents/epa-guidance-on-participant-support-costs.pdf 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 FY23 FAQs for additional information on ineligible grant activities and unallowable costs.

I.C. EPA Strategic Plan Linkage

The activities to be funded under this announcement support EPA’s FY 2022-2026 Strategic Plan.12 Awards made under this announcement will support Goal 6 – Safeguard and Revitalize Communities, Objective 6.1 – Clean Up and Restore Land for Productive Uses and Health Communities of EPA’s Strategic Plan. All applications must be for projects that support this goal and objective.

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

EPA requires that applicants adequately describe environmental outputs (performance measures) and outcomes to be achieved under assistance agreements.13 Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to EPA’s Strategic Plan and the goal and objective described above in Section I.C.

Applicants are required to describe how funding will help EPA achieve environmental outputs and outcomes in their responses to the ranking criteria in Section IV.E. Outputs and outcomes specific to each project will be identified as deliverables in the negotiated workplan if the application is selected for award. Recipients will be expected to report progress toward the attainment of expected project outputs and outcomes during the project performance period.

Outputs and outcomes are defined as follows:

1. Outputs

The term “outputs” refers to an environmental activity, effort, and/or associated work 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

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

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

https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan http://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements environmental site assessments, number of community meetings held, and number of Analysis of Brownfields Cleanup Alternatives (ABCA) completed.

2. Outcomes

The term “outcomes” refers to the result, effect, or consequence that will occur from carrying out the activities under the grant. Outcomes may be environmental, behavioral, health-related, or programmatic; must be qualitative or quantitative, and may not necessarily be 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.14

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 the creation or integration of affordable housing; local or first-source hiring of contractor or subrecipient employees provided the recipient does not impose geographic preferences for procurements in violation of 2 CFR 200.319(c); minority contracting pursuant to 40 CFR Part 33; inclusionary zoning (where a percentage of new housing is designated as affordable housing); healthy food retailers in places where they do not exist (e.g., food deserts); co-operative ownership models where local residents come together to run a community-owned, jointly owned business enterprise; rent control or community land trusts (to help keep property affordable for residents); supportive local entrepreneurial activities; and adherence to equal lending opportunities.

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

http://www.epa.gov/environmentaljustice

Applicants should discuss and provide specific examples of how the proposed Brownfields Assessment Grant project will address environmental justice challenges in Section IV.E. and responses will be evaluated against the criteria in Section V.A.

I.F. Additional Provisions for Applicants Incorporated Into the Solicitation

Additional provisions that apply to Sections III., IV., V., and VI. of this solicitation and/or awards made under this solicitation, can be found in EPA’s Solicitation Clauses. These provisions are important for applying to this solicitation and applicants must review them when preparing applications. If you are unable to access these provisions electronically at the website above, please contact the Regional Brownfields Contact listed in Section VII. to obtain the provisions.

SECTION II. – AWARD INFORMATION

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

The estimated total funding available for grants under this solicitation is approximately $30.5 million and EPA anticipates awarding an estimated 61 Community-wide Assessment Grants ranging from $300,000 to $500,000 per grant. These amounts are subject to the availability of funds, quality of applications, and other applicable considerations.

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

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

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

The project period for Community-wide Assessment Grants is up to four years.

II.C. Substantial Involvement

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

Cooperative agreements require the EPA Project Officer to be substantially involved in overseeing the work performed by the selected recipients. Although EPA will negotiate precise terms and conditions related to substantial involvement as part of the award process, the anticipated substantial federal involvement for this project may include, but is not limited to:

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

• Verifying sites meet applicable site eligibility criteria and ensuring that sites are consistent with the selection criteria outlined in the workplan; and

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

SECTION III. – ELIGIBILITY INFORMATION AND THRESHOLD

CRITERIA

Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

III.A. Who Can Apply?

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

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

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

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

• Government Entity Created by State Legislature.

• Regional Council established under governmental authority or group of General Purpose

Units of Local Government established under Federal, state or local law (e.g., councils of governments) to function as a single legal entity with authority to enter into binding agreements with the Federal Government.

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

• State.

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

• Alaska Native Regional Corporation, Alaska Native Village Corporation, and Metlakatla Indian Community. (Alaska Native Regional Corporations and Alaska Native Village Corporations are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following). For more information, please refer to the FY23 FAQs.)

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

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

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

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

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.

Entities applying for an FY23 Community-wide Assessment Grant may not apply for (or be a non-lead coalition member of) an FY23 Assessment Coalition Grant, an FY23 Community-wide Assessment Grant for States and Tribes, or an FY23 Multipurpose Grant.

Entities that were awarded an FY22 Community-wide Assessment Grant for States and Tribes are not eligible to apply for Assessment Grant funding under this solicitation.

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

Applicants may not submit multiple applications (i.e., submit applications for different projects) under this solicitation. EPA considers departments, agencies, or instrumentalities of the same state, tribal, or city governments to be the same applicant if they are directly supervised or controlled by the same elected/appointed executive (even if they have different unique entity identifier numbers). For example, a corporation formed under state or local law to perform redevelopment activities on behalf of or in support of a local government that is primarily staffed by employees of that local government will be considered an agency of instrumentality of that local government for the purposes of this threshold criterion. These eligibility determinations are made on a case-by-case basis since state and local laws vary.

Applicants that exceed the number and type of applications allowable will be contacted, prior to review of any of the applications by EPA, to determine which application(s) the applicant will withdraw from the competition.

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

If an application is submitted that includes any ineligible tasks 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.15

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

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

https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements http://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements time. Please note that applicants experiencing technical issues with submitting through Grants.gov should follow the instructions provided in Appendix 1, which include both the requirement to contact Grants.gov and email a full application to EPA prior to the deadline.

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

EPA will verify that the Unique Entity Identifier (UEI) number listed on the application is the correct UEI number for the applicant’s organization/department. If the correct UEI number is not included in the application, the application may be deemed ineligible. Applicants need to ensure that the correct Authorized Organization Representative (AOR) and UEI number of the entity 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.

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

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. 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, 2022, in order to apply for 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 Application for Payments (ASAP) or general ledger entries). If necessary, applicants may contact the assigned EPA Project Officer for the cooperative agreement(s) or Jerry Minor-Gordon (minor-gordon.jerry@epa.gov) to obtain draw down information from EPA’s grant financial database (Compass Data Warehouse). Disbursements of drawn down funds must comply with requirements in EPA’s General Terms and Conditions for timely disbursement of EPA funds (i.e., recipients other than states must substantially disburse all of the funds within 5 business days of draw down).

Alternatively, the applicant must affirm it does not have an open16 EPA Brownfields Assessment Grant or Multipurpose Grant.

4. Contractors and Named Subrecipients

• Contractors.

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

Applicants, other than state applicants, that have procured a contractor(s) 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 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 1500.17 EPA provides guidance on complying with the competition requirements in the Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements.18 For example:

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

17 Consistent with 2 CFR § 200.317, states follow the same competitive policies and procedures they use for procurements from their non-Federal funds.

18 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.

mailto:minor-gordon.jerry@epa.gov http://www2.epa.gov/grants/grant-terms-and-conditions https://www.ecfr.gov/cgi-bin/text-idx?SID=df09f9a34de3d57ed84cae3012b80255&mc=true&node=se2.1.200_1320&rgn=div8 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 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

- EPA will not accept sole source justifications for procurement contracts for services such as environmental consulting, engineering, and remediation that are available in the commercial marketplace.

- 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).

Applicants must disclose whether they have already selected a contractor that will be compensated with EPA funds made available under this RFA. If a contractor(s) has been selected prior to submitting the application to EPA (including when a contractor(s) has been selected under a “dual procurement process” for both grant proposal writing and services necessary to help you carry out the grant), applicants must describe the procurement procedures that were followed to hire the contractor(s) and include information on where and when the Request for Proposals/Request for Qualifications was posted as part of the application. Include in your response the number of firms solicited and the number of offers received and considered.

Alternatively, state ‘n/a’ or ‘not applicable’ if a contractor has not been procured.

Successful applicants that procure a contractor(s) after being advised by EPA of selection, but prior to award, must describe how they complied with the procurement procedures described above when submitting the final workplan for the award.

Recipients of EPA funding who select a contractor(s) after award must fully comply with the procurement standards at 2 CFR Part 200, 2 CFR Part 1500, and 40 CFR Part 33.

• Named Subrecipients.

EPA does not require or encourage applicants to name a specific subrecipient(s) in the application for Brownfields Grant funding. However, if an applicant chooses to identify a specific 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.

Successful applicants that do not name a specific subrecipient(s) in their application but identify a subrecipient(s) after being advised of selection, must also comply with the requirements described below.

All applicants, including states, that name a specific subrecipient in this application must demonstrate that the subrecipient is eligible for a subaward in compliance with Appendix A19 of EPA’s Subaward Policy for EPA Assistance Agreement

19 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.

https://www.ecfr.gov/cgi-bin/text-idx?SID=e45d2457d8430f61b740da1f8449be00&mc=true&node=se2.1.200_1319&rgn=div8 https://www.epa.gov/sites/production/files/2020-11/documents/gpi-16-01-subaward-policy_app-a.pdf https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients 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

Recipients.20 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 Clause21 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 FY23 FAQs for additional guidance.

SECTION IV. – APPLICATION SUBMISSION INFORMATION

Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

IV.A. How to Obtain an Application Package

An application package may be obtained by visiting this opportunity (EPA-OLEM-OBLR-22-

05) on www.grants.gov. Applicants will be prompted to initiate the application process by generating a Workspace for this opportunity.

IV.B. Due Date and Submission Instructions

Your organization’s Authorized Organization Representative (AOR) must submit your complete application package22 electronically to EPA through www.grants.gov. Applications must be received no later than 11:59 p.m. ET on November 22, 2022. Please allow enough time to successfully submit your application package and allow for unexpected errors that may require you to resubmit. Occasionally, technical and other issues arise when using www.grants.gov.

Applications received after 11:59 p.m. ET on November 22, 2022, will not be considered for funding.

20 EPA’s Subaward Policy for EPA Assistance Agreement Recipients is available at https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients.

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

22 Note, for the purposes of this competition, the “application package” includes the required federal forms available at www.grants.gov, as well as the Narrative Information Sheet, the Narrative and associated attachments.

https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/grants/epa-solicitation-clauses http://www.grants.gov/ https://www.grants.gov/ https://www.grants.gov/ https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients

Follow the Submission Instructions in Section B.1. in Appendix 1 for the requirements to apply in www.grants.gov. In order to submit an application through www.grants.gov, your organization must:

• Have an active System for Award Management (SAM) account in www.sam.gov and a Unique Entity Identifier (UEI) assigned by www.sam.gov;

• Be registered in www.grants.gov; and

• Have the E-Business Point of Contact designate an AOR in www.grants.gov.

The registration process for all the above items may take a month or more to complete. Please refer to the FY23 FAQs for additional information on the registration requirements.

The electronic submission of your…