Notice of Funding Opportunity

Applications Due: Thursday, January 21, 2027

Office of Brownfields and Land Revitalization

FY27 GUIDELINES FOR

BROWNFIELD CLEANUP GRANTS

Funding Opportunity Number: EPA-OLEM-OBLR-26-06 i

Contents

1. Basic Information

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

2. Eligibility

A. Eligible Applicants B. Threshold Eligibility Criteria

1. Applicant Eligibility

2. Previously Awarded Cleanup Grants

3. Expenditure of Existing Multipurpose Grant Funds

4. Site Ownership

5. Basic Site Information

6. Status and History of Contamination at the Site

7. Brownfield Site Definition

8. Environmental Assessment Required for Cleanup Grant Applications

9. Sufficient Site Characterization

10. Enforcement or Other Actions

11. Sites Requiring a Property-Specific Determination

12. Threshold Eligibility Criteria Related to CERCLA/Petroleum Liability

13. Cleanup Authority and Oversight Structure

14. Community Notification

15. Waiver of the $500,000 Limit

16. Contractors and Named Subrecipients

C. Cost Sharing

3. Program Description

A. Purpose, Priorities, and Activities

1. Purpose

2. Eligible Uses of Grant Funds

3. Ineligible Uses of Grant Funds

4. Measuring Environmental Results: Anticipated Outputs/Outcomes

5. Leveraging

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

4. Application Contents and Format

A. Application Forms (Submission Checklist) B. Application Information Sheet C. Narrative Criteria Outline D. Applicants Using Contractors and/or Subrecipients ii

5. Submission Requirements and Deadlines

A. Submission Dates and Times B. Unique Entity Identifier (UEI) and System for Award Management (SAM.gov) C. Submission Instructions D. Technical Issues with Submission E. Intergovernmental Review

6. Application Review Information

A. Responsiveness Review B. Narrative Criteria Responses and Review Criteria

1. PROJECT AREA DESCRIPTION AND PLANS FOR REVITALIZATION

2. COMMUNITY NEED AND COMMUNITY ENGAGEMENT

3. TASK DESCRIPTIONS, COST ESTIMATES, AND MEASURING PROGRESS

4. PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE

C. Review and Selection Process

1. Other Evaluation Factors

D. Risk Review

7. Award Notices

8. Post-Award Requirements and Administration

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

9. Other Information

A. Additional Provisions for Applicants

1. Basic Information U.S. Environmental Protection Agency

Office of Brownfields and Land Revitalization (OBLR)

FY27 GUIDELINES FOR BROWNFIELD CLEANUP GRANTS

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

A. Executive Summary This notice announces the availability of funds and solicits applications from eligible entities to carry out cleanup activities at brownfield sites owned by the applicant. Eligible entities include government organizations, Federally recognized Tribes, and nonprofit organizations.

Please see Section 2.A. for the complete list of eligible entities.

Applications must meet all threshold eligibility criteria in Section 2.B. and the 20% cost share requirement in Section 2.C. to be considered eligible to receive a Cleanup Grant. Refer to the FY27 Brownfields Frequently Asked Questions (FAQs) for additional information.

An applicant may only submit ONE Cleanup Grant application in the FY27 competition cycle. Applicants may request up to $500,000 to clean up one brownfield site or to allocate up to $500,000 among multiple sites.

An applicant may request funding to address hazardous substances1 and/or petroleum2 contamination at one or more brownfield sites. The applicant must be the sole owner of the site(s) that is the subject of its Cleanup Grant application and must own the site(s) by January 21, 2027, to be eligible to receive a Cleanup Grant. An applicant cannot propose an alternate site if a site identified in the application is determined by EPA to be ineligible for funding. EPA strongly recommends contacting the Regional Brownfields Contact listed in Section 1.E. to ensure the proposed site(s) is eligible for funding prior to submitting your application.

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) requires applicants to provide a 20% cost share of the federal funds for Cleanup Grants. For example, a $500,000 Cleanup Grant awarded by EPA will require the recipient to provide a $100,000 cost share.

The cost share, which may be in the form of a contribution of money, labor, material, or services, must

1 Hazardous substance sites eligible for funding are those sites with the presence or potential presence of hazardous substances, pollutants, contaminants, sites that are contaminated with controlled substances, or that are mine-scarred lands. For more information, please refer to the FY27 FAQs.

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

B. Key Information Opportunity Number:

EPA-OLEM-OBLR-26-06

Assistance Listing:

66.818

Announcement Type:

Initial

Funding Available:

$14,000,000

Number of Awards:

Approximately 28 https://www.epa.gov/brownfields/marc-grant-application-resources https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k be for eligible and allowable costs under the grant, as described in the grant regulations at 2 CFR §

200.306. See Section 2.C. for details.

Please carefully review Section 4.D. of these guidelines, Section IV.E. “Coalitions, Contracts, and Subawards” of EPA Notice of Funding Opportunity (NOFO) Clauses, and Section D. in the FY27 FAQs to ensure that contractors (including individual consultants) are procured in compliance with the fair and open competition requirements. Also, carefully review the EPA Subaward Policy and Subaward Frequent Questions for establishing and managing subawards.

A checklist of mandatory documents is in Section 4.A.

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

C. Key Dates November 12, 2026 2:00 pm ET National Outreach Webinar

January 21, 2027 11:59 pm ET Application Submission Deadline

June 2027 Anticipated Notification of Selection

September 2027 Anticipated Award Notification

D. Funding Details It is anticipated that up to 28 awards will be made under this announcement. The amount of funding is expected to be $14,000,000, depending on Agency funding levels, the quality of applications received, agency priorities, and other applicable considerations. Awards funded under this opportunity are expected to have a 4-year project period. Applicants may apply for up to $500,000 of EPA funds. (Note, applicants may also request an amount that is less than $500,000.) Funding estimates are approximations that are subject to change.

EPA reserves the right to:

• make additional awards under this funding announcement consistent with Agency policy and guidance if additional funding becomes available after the original selections are made. Any additional selections for awards will be made no later than 6 months after the original selection decisions.

• to make no awards under the funding opportunity.

• partially fund applications by funding discrete portions or phases of proposed projects. If a project is partially funded, it will be done in a manner that maintains the integrity of the competition and selection process.

• incrementally fund applications based on funding availability and/or satisfactory performance.

• adjust funding levels for priorities, set-asides, or other types of funding categories.

• increase or decrease (including decreasing to zero) the total number and amount of awards under each funding category or change the ratio of assistance agreements it awards among the funding categories.

The actual award amounts and number of projects awarded may differ from the estimated amounts.

https://www.ecfr.gov/current/title-2/section-200.306 https://www.ecfr.gov/current/title-2/section-200.306 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/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 https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/brownfields/marc-grant-application-resources

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

Technical Contact: Elyse Salinas, brownfields@epa.gov

Eligibility Contact: See Regional Contacts below

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

Regional Contact(s): EPA Region 1 (CT, ME, MA, NH, RI, VT) Jim Byrne, Byrne.James@epa.gov, (617) 918-1389 EPA Region 2 (NJ, NY, PR, VI) Esmeralda Vargas, Vargas.Esmeralda@epa.gov, (212) 637-4391 EPA Region 3 (DE, DC, MD, PA, VA, WV) Anthony Geiger, Geiger.Anthony@epa.gov, (215) 814-3367 EPA Region 4 (AL, FL, GA, KY, MS, NC, SC, TN) Aditi Chakravarty, Chakravarty.Aditi@epa.gov, (404) 562-9515 EPA Region 5 (IL, IN, MI, MN, OH, WI) Torre Ippolito, Ippolito.Torre@epa.gov, (312) 353-6556 EPA Region 6 (AR, LA, NM, OK, TX) Mike Kennedy, Kennedy.Michael@epa.gov, (214) 665-7125 EPA Region 7 (IA, KS, MO, NE) Bobbie Pennington, R7_Brownfields@epa.gov, (913) 551-7209 EPA Region 8 (CO, MT, ND, SD, UT, WY) Joann Jeplawy, Jeplawy.Joann@epa.gov, (303) 312-6715 EPA Region 9 (AZ, CA, HI, NV, Pacific Island Territories) Daniel Moher, moher.daniel@epa.gov, (415) 972-3210 EPA Region 10 (AK, ID, OR, WA) Meredith Lightbody, Lightbody.Meredith@epa.gov, (206) 553-6910

2. Eligibility Applications must meet all requirements in this section, including the submission of responses to the Section 2.B. threshold eligibility criteria, to be considered eligible. Applicants should direct eligibility questions to the Regional Contact in Section 1.E. well in advance of the application deadline.

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

• General Purpose Unit of Local Government. Local government means a county, borough, municipality, city, town, township, parish, local public authority (including any public housing agency under the United States Housing Act of 1937), school district, special district, intrastate district, council of governments (whether or not incorporated as a nonprofit corporation under State law), and any other agency or instrumentality of a multi-, regional, or intra-State or local government.

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

• Government Entity Created by State Legislature.

mailto:brownfields@epa.gov mailto:support@grants.gov mailto:Byrne.James@epa.gov mailto:Vargas.Esmeralda@epa.gov mailto:Geiger.Anthony@epa.gov mailto:Chakravarty.Aditi@epa.gov mailto:Ippolito.Torre@epa.gov mailto:Kennedy.Michael@epa.gov mailto:R7_Brownfields@epa.gov mailto:Jeplawy.Joann@epa.gov mailto:moher.daniel@epa.gov mailto:Lightbody.Meredith@epa.gov https://www.ecfr.gov/current/title-2/section-200.1

• Regional Council established under governmental authority or group of General Purpose Units of Local Government established under Federal, State, or local law (e.g., councils of governments) to function as a single legal entity with authority to enter into binding agreements with the Federal Government.

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

• State.3

• Federally recognized Indian Tribe4 other than in Alaska. (The exclusion of Tribes from Alaska, with the exception of the Metlakatla Indian Community as noted below, from Brownfields Grant eligibility is statutory at CERCLA § 104(k)(1). Intertribal Consortia, comprised of eligible Indian Tribes, are eligible for funding in accordance with EPA’s policy for funding intertribal consortia published in the Federal Register on November 4, 2002, at 67 Fed. Reg. 67181. This policy also may be obtained from your Regional Brownfields Contact listed in Section 1.E.)

• Alaska Native Regional Corporation and Alaska Native Village Corporation as those terms are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following) and the Metlakatla Indian Community. For more information, please refer to the FY27 FAQs.

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

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

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

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

• Other nonprofit organizations. (For the purposes of the Brownfields Grant Program, the term

“other nonprofit organization” consistent with the definition of Nonprofit organization at 2 CFR §

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

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

3 As defined in CERCLA § 101(27), the definition of State for purposes of the Brownfields Program “include[s] the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.”

4 There are currently 575 federally recognized Tribes, and there are many names that these sovereign nations use to describe their culture, history, and geography, including Tribe, Village, Nation, Band, and Pueblo. For the purpose of these guidelines, the EPA Brownfields Program uses “Tribe” and “Tribal Nation” as all-encompassing terms.

https://www.ecfr.gov/current/title-2/part-200/section-200.1#p-200.1(State) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group-ECFR2a6a0087862fd2c/section-200.1#p-200.1(Indian%20Tribe) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9604&num=0&edition=prelim https://www.epa.gov/brownfields/frequently-asked-questions-about-multipurpose-assessment-rlf-and-cleanup-grants https://www.ecfr.gov/current/title-2/part-200/section-200.1#p-200.1(Nonprofit%20organization) https://www.ecfr.gov/current/title-2/section-200.1 https://www.ecfr.gov/current/title-2/section-200.1 https://www.ecfr.gov/current/title-2/section-200.1 https://www.ecfr.gov/current/title-2/section-200.1 https://www.ecfr.gov/current/title-2/section-200.1 https://uscode.house.gov/us/usc/t26/s501/ https://uscode.house.gov/us/usc/t26/s501/

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

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

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

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

i. Number of Applications EPA will Accept:

a. Entities that are applying for an FY27 Cleanup Grant under this NOFO may not also apply for an FY27 Brownfields Revolving Loan Fund (RLF) Grant.

b. Applicants may not submit multiple applications (i.e., submit applications for different projects) under this NOFO. EPA considers departments, agencies, or instrumentalities of the same State or city governments to be the same applicant if they are directly supervised or controlled by the same elected/appointed executive (even if they have different Unique Entity Identifier numbers). For example, a corporation formed under State or local law to perform redevelopment activities on behalf of or in support of a local government that is primarily staffed by employees of that local government will be considered an agency or instrumentality of that local government. These eligibility determinations are made on a case-by-case basis since State and local laws vary. For Tribes, EPA defers to the Tribe’s interpretation of a department, agency, or instrumentality being the same or a separate entity.

If the same applicant exceeds the number or type of applications allowable, EPA will contact the applicant to determine which application(s) to withdraw from the competition. In the absence of

5 The Lobbying Disclosure Act (2 U.S.C. 1601 et. seq.) provides requirements for the disclosure of lobbying activities to influence the Federal Government.

https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements application withdrawal, EPA will accept the first application received in Grants.gov and deem all other applications submitted by that applicant ineligible.

If an applicant submits the same application multiple times, unless told otherwise by the applicant, EPA will review the most recently received application in Grants.gov.

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

iii. Substantial Compliance: Applications must substantially comply with the submission instructions and requirements set forth in Section 4 of this announcement or they will be rejected. See Section 4.A. for the application submission checklist.

iv. Risk Review: Applications from entities that are excluded from participation in Federal Assistance programs at the time of selection will be deemed ineligible for funding. To determine this, EPA will check SAM.gov for suspended or debarred entities that apply for this funding opportunity as per 2 CFR § 200.206(d).

For applications from entities that are not suspended or debarred at the time of selection, EPA will conduct a risk review as per Section 6.D. of the NOFO after the selection process and before awards are made.

v. Required Eligibility Documentation: Responses to each item below and Section 2.C. Cost

Sharing are required and must be included in the application submitted to EPA. Threshold eligibility criteria responses and documentation do not have a page limit.

1. Applicant Eligibility

a. From the list of eligible entities in Section 2.A., Eligible Applicants, indicate your applicant type and provide information that demonstrates how you are an eligible entity for a Cleanup Grant.

• For entities that are villages, towns, cities, counties, Tribes, or States, affirm that the organization is eligible for funding.

• For government entities other than villages, towns, cities, counties, Tribes, or States, attach documentation of your eligibility (e.g., resolutions, statutes, etc.).

• For Intertribal consortia, attach documentation that meets the requirements in 40 CFR §

35.504(a) and (c). All members of the Intertribal consortium must authorize the submission of an application.

• For nonprofit organizations, or organizations comprised of nonprofit organizations, provide documentation as an attachment to the Narrative Criteria Responses demonstrating tax-exempt status under section 501(c)(3) of the IRC. Note that nonprofit organizations not exempt from taxation under section 501(c)(3) of the IRC must submit https://www.ecfr.gov/current/title-2/part-200/section-200.206#p-200.206(d) https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR7560dab1b022383/section-35.504 other forms of documentation of nonprofit status, such as certificates of incorporation as a nonprofit under State or Tribal law.

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

b. All applicants: Indicate if your organization is exempt from Federal taxation under section 501(c)(4) of the IRC. Note, villages, towns, cities, counties, Tribes, or States should respond N/A. All other entities must indicate yes or no.

• If yes, indicate if your organization lobbies the Federal government. Note, if a 501(c)(4) organization lobbies the Federal government, the organization is ineligible for an EPA Brownfields Grant.

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

2. Previously Awarded Cleanup Grants

Brownfield sites where EPA Cleanup Grant funds were previously expended are not eligible for EPA Cleanup Grant funding in FY27.

Affirm that the proposed site(s) has not received funding from a previously awarded EPA Brownfields Cleanup Grant.

3. Expenditure of Existing Multipurpose Grant Funds

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

Current EPA Brownfields Multipurpose Grant recipients must demonstrate that payment has been received from EPA (also known as “drawn down”), and drawn down funds have been disbursed for at least 70.00% of the funding for each Multipurpose cooperative agreement they have with EPA by October 1, 2026, in order to apply for funding under this funding opportunity.

To demonstrate this, applicants must attach a copy of a financial record displaying the amount of cooperative agreement funds drawn down and corresponding dates (e.g., a report from the Automated Standard Application for Payments (ASAP) or general ledger entries documenting receipts for funds drawn down from ASAP or the required State financial system). If necessary, applicants may contact the assigned EPA Project Officer for the cooperative agreement or Elyse Salinas (brownfields@epa.gov) to obtain draw down information from EPA’s grant financial database (Compass Data Warehouse). Non-State applicants should be aware that if they receive an award, they must comply with EPA’s General Terms and Conditions, including the requirement that funds must be substantially disbursed within 5 business days of draw down.

6 The Lobbying Disclosure Act (2 U.S.C. 1601 et. seq.) provides requirements for the disclosure of lobbying activities to influence the Federal Government.

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

mailto:brownfields@epa.gov http://www.epa.gov/grants/grant-terms-and-conditions

If you are applying for multiple sites, threshold eligibility criteria responses must include responses to items 4. – 13. below, for each site.

4. Site Ownership Identify the current owner of the site and provide information that demonstrates site ownership as it pertains to your circumstance(s).

• If you own the site in fee simple, as evidenced by a recorded deed or title, provide the date that the deed or title was recorded. EPA may request a copy of the recorded deed or title.

• If you own the site in fee simple, but the deed or title has not been recorded, a) attach a copy of the deed or title; and b) cite the State or local law that establishes site ownership has been conveyed to you through an executed deed or title.

• If you do not own the site in fee simple, a) identify your ownership arrangement and/or transfer method (e.g., a quitclaim deed, nominee agreement, or 99-year irrevocable lease), which EPA must approve as functionally equivalent to fee simple ownership; and

b) attach documentation to demonstrate site ownership.

• If you are not the current owner, a) identify the date you plan to acquire ownership of the site; and b) identify how you plan to acquire ownership (e.g., fee simple title, or another ownership arrangement, which EPA must approve). EPA staff may follow up for more information and obtain documentation to demonstrate site ownership.

To be eligible to receive a Cleanup Grant, the applicant must be the sole owner of the site that is the subject of its Cleanup Grant application and must own the site by January 21, 2027. For the purposes of Brownfields Cleanup Grant eligibility determinations, the term “own” means fee simple ownership as evidenced by a recorded deed or title or other documentation establishing you are the fee simple owner. Alternatively, EPA may approve a different ownership agreement or transfer method that is determined to be functionally equivalent to fee simple ownership (for example, a quitclaim deed, nominee agreement, or 99-year irrevocable lease). (EPA strongly recommends contacting the Regional Brownfields Contact listed in Section 1.E. to ensure the proposed site is eligible for funding prior to submitting your application.) EPA will find applicants ineligible if they do not meet the ownership requirement by January 21, 2027. If awarded a Cleanup Grant, the recipient must retain ownership of the site(s) for the duration of time in which Brownfields Cleanup Grant funds are disbursed for the cleanup of the site(s).

5. Basic Site Information

Identify: a) the name of the site; and b) the address of the site, including zip code.

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

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

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

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

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

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

Affirm that the site is:

a) not listed or proposed for listing on the National Priorities List;

b) not subject to unilateral administrative orders, court orders, administrative orders on consent, or judicial consent decrees issued to or entered into by parties under CERCLA; and

c) not subject to the jurisdiction, custody, or control of the U.S. government.

(Please refer to CERCLA §§ 101(39)(B)(ii), (iii), and (vii) and the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k).)

8. Environmental Assessment Required for Cleanup Grant Applications

A written ASTM E1903-19 or equivalent Phase II environmental site assessment report (a draft report is sufficient) must be completed prior to application submission. Equivalent reports include site investigations or remedial action plans developed for a State cleanup program or Office of Surface Mining surveys for mine-scarred lands.

Describe the type of environmental assessments conducted at your proposed site (do not attach assessment reports).

Provide the date of the Phase II or equivalent report. Contact your Regional Brownfields Contact listed in Section 1.E. if you have questions.

9. Sufficient Site Characterization

Affirm that an Environmental Professional (as defined in 40 CFR § 312.10) has certified that there is a sufficient level of site characterization from the environmental site assessment performed to date for the remediation work to begin on the site(s); or

Indicate that additional assessment is needed to sufficiently characterize the site(s) for the remediation work to begin; and affirm that, if selected for funding, there will be a sufficient level of site characterization from the environmental site assessment performed, before the grant is awarded, for the remediation work to begin on the site(s). Applicants selected for funding must affirm that an Environmental Professional has certified that there is a sufficient level of site characterization for the remediation work to begin on the site(s) before an award is made.

Failure to meet this requirement may result in EPA not making the award.

https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.epa.gov/brownfields/information-sites-eligible-brownfields-funding-under-cercla-ss-104k https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-312/subpart-B/section-312.10

10. Enforcement or Other Actions

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

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

11. Sites Requiring a Property-Specific Determination

Certain types of sites require a property-specific determination to be eligible for Brownfields Grant funding. Please refer to Section 1.5 in the Information on Sites Eligible for Brownfields Funding under CERCLA § 104(k) and the information below to determine whether your site requires a property-specific determination.

• If your site requires a property-specific determination, then you must attach the information requested in the FY27 FAQs.

• If not required, affirm that the site does not need a Property-Specific Determination.

The following special classes of property require a “Property-Specific Determination” from EPA to be eligible for Brownfields Grant funding:

• properties subject to planned or ongoing removal actions under CERCLA;

• properties with facilities that have been issued or entered into a unilateral administrative order, a court order, an administrative order on consent, or judicial consent decree, or to which a permit has been issued by the United States or an authorized State under the Resource Conservation and Recovery Act (RCRA), the Federal Water Pollution Control Act (FWPCA), the Toxic Substances Control Act (TSCA), or the Safe Drinking Water Act (SDWA);

• properties with facilities subject to RCRA corrective action (§ 3004(u) or § 3008(h)) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures;

• properties that are land disposal units that have submitted a RCRA closure notification or that are subject to closure requirements specified in a closure plan or permit;

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

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

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

12. Threshold Eligibility Criteria Related to CERCLA/Petroleum Liability

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

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

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

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

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

a. Property Ownership Eligibility – Hazardous Substance Sites

For sites contaminated by hazardous substances, persons, including government entities, who may be found liable for the contamination under CERCLA § 107 are not eligible for grants. Liable parties may include all current owners and operators, former owners and operators of the site at the time of disposal of hazardous substances, and parties that arranged for, or contributed to, the disposal or treatment of hazardous substances on the site. Therefore, even owners who did not cause or contribute to the contamination may be liable.8

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

• They are exempt from CERCLA liability; or

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

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

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

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

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

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

i. EXEMPTIONS TO CERCLA LIABILITY

(1) Indian Tribes

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

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

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

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

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

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

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

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

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

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

(3) Property Acquired Under Certain Circumstances by Units of State and Local

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

Such circumstances include:

• Seizure or in connection with law enforcement activity;

• Bankruptcy;

• Tax delinquency; or

• Abandonment.

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

See the FY27 FAQs for additional information on the types of acquisitions that are not exempt from CERCLA liability.

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

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

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

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

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

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

ii. EXCEPTIONS TO MEETING THE REQUIREMENTS FOR ASSERTING AN AFFIRMATIVE

DEFENSE TO CERCLA LIABILITY

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

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

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

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

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

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

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

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

iii. LANDOWNER PROTECTIONS FROM CERCLA LIABILITY

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

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

(1) Bona Fide Prospective Purchaser Liability Protection

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

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

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

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

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

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

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

https://www.epa.gov/enforcement/landowner-liability-protections https://epa.gov/enforcement/common-elements-guidance https://epa.gov/enforcement/common-elements-guidance https://epa.gov/enforcement/common-elements-guidance https://epa.gov/enforcement/common-elements-guidance

• The owner must exercise appropriate care by taking reasonable steps to address releases, including stopping continuing releases and preventing threatened future releases and exposures to hazardous substances on the site.

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

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

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

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

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

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

Provide information on:

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

(ii) the date you acquired the property;

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

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

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

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

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

(ii) Affirm that the AAI investigation or Phase I environmental site assessment was performed by an Environmental Professional…