EPA-OLEM-OBLR-22-10 RFA.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY23 GUIDELINES FOR BROWNFIELD MULTIPURPOSE (MP) GRANTS

ACTION: Request for Applications (RFA)

RFA NO.: EPA-OLEM-OBLR-22-10

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 17 Multipurpose Grants for an estimated $800,000 per grant, 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.

http://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 3

I.A. Description of Grant 4 I.B. Uses of Grant Funds 5 I.C. EPA Strategic Plan Linkage 7 I.D. Measuring Environmental Results: Anticipated Outputs/Outcomes 7 I.E. Supporting Environmental Justice 8 I.F. Additional Provisions for Applicants Incorporated Into the Solicitation 9

SECTION II. – AWARD INFORMATION 9

II.A. What is the Amount of Available Funding? 9 II.B. What is the Project Period for Awards Resulting from this Solicitation? 10 II.C. Substantial Involvement 10

SECTION III. – ELIGIBILITY INFORMATION AND THRESHOLD CRITERIA 11

III.A. Who Can Apply? 11 III.B. Threshold Criteria for Multipurpose Grants 12

SECTION IV. – APPLICATION SUBMISSION INFORMATION 18

IV.A. How to Obtain an Application Package 18 IV.B. Due Date and Submission Instructions 18 IV.C. Content and Form of Application Submission 19 IV.D. Narrative Information Sheet 20 IV.E. Narrative/Ranking Criteria 22

1. PROJECT AREA DESCRIPTION AND PLANS FOR REVITALIZATION 23

2. COMMUNITY NEED AND COMMUNITY ENGAGEMENT 25

3. TASK DESCRIPTIONS, COST ESTIMATES, AND MEASURING PROGRESS 27

4. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE 32

IV.F. Leveraging 34 IV.G. Confidential Business Information 35

SECTION V. – NARRATIVE REVIEW INFORMATION 35

V.A. Evaluation Criteria 35 V.B. Other Factors and Considerations 43 V.C. Review and Selection Process 44

SECTION VI. – AWARD ADMINISTRATION INFORMATION 44

VI.A. Award Notices 44 VI.B. Administrative and National Policy Requirements 45 VI.C. Reporting Requirements 45 VI.D. Brownfield Programmatic Requirements 46 VI.E. Disputes 46

SECTION VII. – EPA REGIONAL BROWNFIELD PROGRAM CONTACTS 47

Appendix 1 Grants.gov Application Submission Instructions 48

A. Requirements to Submit Through Grants.gov and Limited Exception Procedures 48 B. Submission Instructions 48 C. Technical Issues with Submission 50 D. Application Materials 51

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 Multipurpose 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.

I.A. Description of Grant

A Multipurpose Grant is appropriate for communities that have identified, through community engagement efforts, a discrete area (such as a neighborhood, a number of neighboring towns, a district, a corridor, a shared planning area, or a census tract) with one or more brownfield sites.

Multipurpose Grants provide funding to carry out a range of eligible assessment and cleanup activities, including planning and additional community engagement activities. Applicants can apply for funding up to $800,000 per grant under this solicitation. Multipurpose Grant applicants should have the capacity to conduct a range of eligible activities, for example:

- Developing inventories of brownfield sites;

- Prioritizing sites;

- Conducting community involvement activities;

- Conducting environmental site assessments;

- Developing cleanup plans and reuse plans related to brownfield sites;

- Conducting cleanup activities on brownfield sites owned by the applicant; and

- Developing an overall plan for revitalization.

Multipurpose Grant funding must be used to conduct both assessment and cleanup activities.

Multipurpose Grant recipients will be required to, at a minimum, conduct one Phase II environmental site assessment and remediate one site. Additionally, Multipurpose Grant funding must be used to develop an overall plan for revitalization of the target area (which must include a feasible reuse strategy of at least one priority brownfield site) if a plan does not already exist.

Note, projects that allocate at least 70% of the funds for tasks directly related to site-specific work, including site assessments, remediation, and associated tasks (with at least $200,000 designated for tasks directly associated with site remediation) will be reviewed more favorably.

Refer to Section M. of the FY23 Brownfields Frequently Asked Questions (FAQs)3 for additional guidance.

An applicant must be the sole owner of at least one brownfield site within their target area by November 22, 2022, where cleanup activities may be conducted. For the purposes of eligibility determinations in these guidelines only, the term “own” means fee simple title through a legal document (for example a recorded deed); unless EPA approves a different ownership arrangement (for example, a nominee agreement or 99-year irrevocable lease). EPA will find applicants ineligible if they do not meet the ownership requirement by November 22, 2022.

Refer to threshold criterion Section III.B.4. and FY23 FAQs for additional information.

A Multipurpose Grant recipient may only expend grant funds for the remediation of a brownfield site it owns and may not issue a subaward to another site owner to conduct the remediation. The terms and conditions of Multipurpose Grants will require recipients to provide documentation of ownership for sites they intend to clean up with grant funds. Grant recipients also will need to

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.

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 https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants demonstrate they are not liable for any contamination at a brownfield site prior to expending grant funds for remediation of a brownfield site.

Multipurpose Grants do not require a cost share in the FY23 competition cycle.

Prior to naming a contractor (including a consultant) or subrecipient in your application, please carefully review Section III.B.7. of these guidelines, Section IV of EPA’s Solicitation Clauses, and Section D. in the FY23 FAQs.

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.B. Uses of Grant Funds

Multipurpose Grant funds can be used for the direct costs associated with the inventory, site prioritization, site reuse planning, community involvement, assessment4, cleanup planning, and cleanup of a brownfield site.

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.5

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

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

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

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 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 http://www.epa.gov/brownfields/information-eligible-planning-activities 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 Multipurpose 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 duplicate other support for the individual(s). Additional information on participant support costs is available in EPA’s Guidance on Participant Support Costs.6

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 FY23 FAQs.

In addition to direct costs associated with the inventory, site prioritization, site reuse planning, community involvement, assessment, cleanup planning, and cleanup of a brownfield site, 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 Multipurpose 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.

6 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.

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

7 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/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 https://www.epa.gov/brownfields/brownfield-grant-recipient-success-stories https://www.epa.gov/brownfields/brownfield-grant-recipient-success-stories https://www.epa.gov/brownfields/brownfields-public-health-and-health-monitoring

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);

5. a response cost at a brownfield site for which the recipient of the grant or 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.9 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.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 EPA’s Strategic Plan and the goal and objective described above in Section I.C.

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

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/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 https://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements

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 a site-specific reuse plan or an area-wide plan, number of Phase I and Phase II environmental site assessments, number of Analysis to Brownfields Cleanup Alternatives (ABCA) completed, cleanup activities complete at one or more brownfield sites, number of community meetings held, and/or the number of underground storage tanks pulled.

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

http://www.epa.gov/environmentaljustice 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.

Applicants should discuss and provide specific examples of how the proposed Brownfields Multipurpose 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 Multipurpose Grants under this solicitation is approximately $14 million and EPA anticipates awarding an estimated 17 Multipurpose Grants ranging from $400,000 to $800,000 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 Multipurpose Grants is up to five years.

II.C. Substantial Involvement

The Brownfields Multipurpose 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 Multipurpose 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.

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

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 Multipurpose Grants

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive a Multipurpose 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 Multipurpose Grant may not apply for an FY23 Assessment Grant (EPA-OLEM-OBLR-22-05, EPA-I-OLEM-OBLR-22-06, or EPA-OLEM-OBLR-22-07) or FY23 Cleanup Grant (EPA-I-OLEM-OBLR-22-09).

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

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.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. 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.

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.

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

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 a Multipurpose 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 activities described in your application.

3. Target Area

Identify one target area where you propose to conduct eligible activities, such as a neighborhood, a number of neighboring towns, a district, a corridor, a shared planning area, or a census tract. The target area may not include communities that are located in distinctly different geographic areas.

4. Affirmation of Brownfield Site Ownership

To be eligible for Multipurpose Grant funding, an applicant must own a site(s) that meets the CERCLA § 101(39) definition of a brownfield. An applicant must own a brownfield site(s) within their target area where cleanup activities may be conducted by November 22, 2022.

Entities liable for contamination on the site are not eligible for Brownfields Grant funding.

Site eligibility related to liability is determined differently at sites contaminated with hazardous substances than at sites contaminated by petroleum or petroleum product. EPA will determine eligibility for site-specific assessment and cleanup activities after the award of the grant throughout the project period.

Affirm that you own a site that meets the CERCLA § 101(39) definition of a brownfield and is: a) not listed (or proposed for listing) on the National Priorities List; b) not subject to unilateral administrative orders, court orders, administrative orders on consent, or judicial consent decrees issued to or entered into by parties under CERCLA; and c) not subject to the jurisdiction, custody, or control of the U.S. government. (Note: Land held in trust by the U.S.

government for an Indian tribe is eligible for funding.) For more information on sites eligible for Brownfields Grant funding, please see the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k).13

5. Use of Grant Funds

Multipurpose Grant recipients will be required to, at a minimum, conduct one Phase II environmental site assessment and remediate one site. Additionally, Multipurpose Grant recipients will be required to develop an overall plan for revitalization of the target area (if a plan does not already exist) and the plan must include a feasible reuse strategy for at least one priority brownfield site.

Indicate the page number where there is information on your plan to:

• Complete at least one Phase II environmental site assessment.

• Remediate at least one site.

• Develop an overall plan for revitalization of the target area that includes a feasible reuse strategy for at least one priority brownfield site. If an overall plan for revitalization of the target area that includes a feasible strategy for at least one priority brownfield site already exists, please state this in your response.

Note, information that is referenced can be in the written narrative or the budget table.

6. Expenditure of Existing Grant Funds Current EPA Brownfields Multipurpose Grant and 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 Multipurpose and Assessment cooperative agreement they have with EPA by October 1, 2022, in order to apply for Multipurpose 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 open14 EPA Brownfields Multipurpose Grant or Assessment Grant.

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

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

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 mailto:minor-gordon.jerry@epa.gov http://www2.epa.gov/grants/grant-terms-and-conditions https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k

7. 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 1500.15 EPA provides guidance on complying with the competition requirements in the Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements.16 For example:

- 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.

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

16 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.

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

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 A17 of EPA’s Subaward Policy for EPA Assistance Agreement Recipients.18 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 Clause19 for additional…