State and Tribal Response Program Grants

Brownfield sites are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. The primary objectives of EPA's CERCLA Section 128(a) St

Unlike many other EPA cleanup programs, States and Tribal Nations conduct or oversee the assessment and cleanup of brownfield sites within their jurisdictions. Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") authorizes EPA to provide noncompetitive funding to States (including Island Territories and DC) and Indian Tribes to establish or enhance their environmental response programs. The EPA Brownfields Program's goal is to empower states, tribes, communities, and other stakeholders to work together in a timely manner to assess, safely clean up, and sustainably reuse brownfields.

Applications will be accepted from either eligible governmental entities as defined in CERCLA Section 104(k)(1) or eligible nonprofit organizations as defined in 2 CFR 200.1 depending upon the type of grant. Eligibility for Multipurpose, Assessment, Revolving Loan Fund, and Cleanup Grants: a general purpose unit of local government; a land clearance authority or other quasi-governmental entity that operates under the supervision and control of, or as an agent of, a general purpose unit of local government; a government entity created by a State legislature; a regional council or group of general purpose units of local government; a redevelopment agency that is chartered or otherwise sanctioned by a State; a State; a Federally recognized Indian Tribe other than in Alaska; an Alaska Native Regional Corporation, Alaska Native Village Corporation and the Metlakatla Indian Community. Intertribal consortia, except consortia comprised of ineligible Alaskan tribes; an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; a limited liability corporation in which all managing members are organizations or limited liability corporations whose sole members are organizations described in subparagraph organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; or a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986. Other nonprofit organizations that do not have 501(c)(3) tax exempt status are also eligible for Cleanup Grants. For the purposes of the Brownfields Grant Program, the term "other nonprofit organization" consistent with 2 CFR 200.70 means any corporation, trust, association, cooperative, or other organization that is operated mainly for scientific, educational, service, charitable, or similar purpose in the public interest and is not organized primarily for profit; and uses net proceeds to maintain, improve, or expand the operation of the organization. The term includes nonprofit institutions of higher education. However, nonprofit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act of 1995 are not eligible to apply. For profit organizations are not eligible to apply. For certain competitive funding opportunities under this assistance listing, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy.

Generally, those eligible entities identified above will benefit from the Brownfields Grant actions. Specifically, individuals and commercial organizations in communities will benefit from brownfields assessment, cleanup, and revitalization funding. New strategies for promoting environmental cleanup lessons from these grants will provide a growing base of information and knowledge for other communities across the country seeking partnerships with stakeholders to coordinate issues related to brownfields and leverage additional opportunities for redevelopment.

Restrictions apply to site-specific activities, such as assessment and cleanup. Assessments and cleanups must be conducted at eligible brownfields sites, as defined in CERCLA Section 101(39). Absent EPA Project Officer approval, no more than $350,000 per site assessment can be funded with Section 128(a) funds, and no more than $350,000 per site cleanup can be funded with Section 128(a) funds. The amount recipients may utilize for site-specific assessments and cleanups may not exceed 75% of the recipient's total amount of FY26 Section 128(a) funding, including annual appropriations and IIJA funds. Grant funds cannot be used for the payment of 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); a response cost at a brownfield site for which the recipient of the grant or a subaward is potentially liable under CERCLA Section 107; and a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the cleanup.

The assistance is available for 180+ days. EPA regions will evaluate requests annually to ensure that requirements to receive funding are being met. EPA regional offices will determine the project period for each cooperative agreement. These may be for multiple years depending on the regional office's grants policies. Each cooperative agreement must have an annual budget period tied to an annual workplan. Funds are awarded on an annual basis and may be drawn down according to regional financial processes.

This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." Executive Order 12372, "Intergovernmental Review of Federal Programs," applies to this assistance listing when proposed financial assistance to states involves construction related to cleanups of brownfield sites. EPA financial assistance programs and activities subject to intergovernmental review that are subject to review under State single point of contact procedures are identified at https://www.epa.gov/grants/epa-financial-assistance-programs-subject-executive-order-12372-and-section-204. Applicants for programs or activities subject to Intergovernmental Review that are not subject to State single point of contact review must provide directly affected State, areawide, regional, and local entities at least 60 days to review their application following notification by EPA that the application has been selected for funding as provided by 40 CFR 29.8(a) and (c).

Issuing office will provide location of application procedure details as appropriate. Generally, in the early fall timeframe, the Brownfields Office issues an annual Funding Guidance that provides the due date and information that should be submitted to request CERCLA Section 128(a) funds. States and Tribal Nations must submit their annual funding requests, with all necessary documentation, to the appropriate EPA regional office. Once initial requests are received, EPA headquarters consolidates requests and provides a final allocation based on factors provided in the Funding Guidance. When final allocation decisions are made, regions will negotiate final workplans with states and tribes and states and tribes will submit applications through Grants.gov. Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through Grants.gov.

EPA will not fund this program through competitive grant announcement. CERCLA Section 128(a) funds will be allocated to eligible states and tribes in accordance with the national Grant Funding Guidance for State and Tribal Response Programs.

For non-competitive awards made under this assistance listing, EPA will conduct an administrative evaluation to determine the adequacy of the application in relation to grant regulations and to technical and program evaluation to determine the merit and relevance of the project. The Agency will then advise the applicant if funding is being considered. EPA will then negotiate a final workplan with the applicant. EPA regional offices will negotiate and enter into a cooperative agreement with interested states or tribes. States and tribes may distribute these funds among the appropriate state and tribal agencies to meet their specific needs within their state or tribal agency structures. At least annually, the regional offices must verify that a public record as described above exists for each of the state or tribal response programs that are receiving funding.

Contact the headquarters or regional office, as appropriate, for application deadlines. Generally, in the early fall timeframe, the Office of Brownfields and Land Revitalization issues an annual Funding Guidance that provides the due date and information that should be submitted to request Section 128(a) funds. Interested States and Tribal Nations can also consult the Brownfields website for grant information at https://www.epa.gov/brownfields/state-and-tribal-response-program.

Approximately 90 days are required for the application request to be approved or disapproved.

Each state and tribal cooperative agreement will be evaluated on an annual basis to ensure that the requirements to receive funding are being met.

Disputes relating to matters other than the competitive selection of recipients will be resolved under 2 CFR 1500 Subpart E, as applicable.