U. S. EPA Brownfields Grants An Overview Karla Auker U. S. EPA Brownfields Region V
Information Outline n 1. Why was the Federal Brownfield Law Created? n 2. What are the objectives of the Fedreal Brownfields Law? n 3. Why is it important to my community?
Brownfields Law P. L. 107. 118. Small Business Liability Relief and Brownfields Revitalization Act January 11, 2002 Laidlaw, IL
Why Was The BF Law Created? n 1. Amendment to CERCLA/Superfund Law n 2. CERCLA provided for “joint and severable liability” – you buy the property, you buy the liability for the waste. n 3. Entities were afraid to buy potentially contaminated properties.
Why Was the BF Law Created? n 1. To provide a way for entities to purchase property and limit their CERCLA liability u USEPA was required to establish standards and practices for satisfying All Appropriate Inquiry (AAI). t Creation of Phase I Staandards
Why Was the BF Law Created? n 2. To provide funding to help public and private entities assess and clean up contaminated and potentially contaminated properties. n It was a win-win law - good for communities and good for industry!
Brownfields Definition “…. . 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. ”
How do you qualify for Liability Protection? u u u Perform “all appropriate inquiry” (AAI). t ASTM 1527 -05 Phase I Assessment Demonstrate that you are not a PRP and have “no affiliation” or contractual relationship with any other PRP. Meet all “continuing obligations” including taking “reasonable steps” with respect to the contamination.
Types of Federal Brownfields Grants Assessment n Clean Up n Revolving Loan Fund n Job Training n
Who’s Eligible to Receive BF Grant Funds? u u Tribes, Governmental, and Quasi. Governmental Agencies Sometimes Non-Profits t Only eligible for clean up grants
Assessment Grants n How Much Money? u Single applicant t Up to $200 K t Waiver up to $350, 000 for site specific grant u Coalition of 3 - 5 applicants t Up to $1 M
Assessment Grants (cont) n Phase I, Phase II, Remedial Action Planning u Grantee can do assessments for private entities u Example – City pays for Phase I and/or Phase II on property so potential purchaser can obtain financing n 3 Year Project Period n Petroleum or Hazardous Substance
Assessment Grants (cont. ) n Community Wide or Site Specific u Community Wide offers more flexibility u Private developer can ask public entity to get an assessment grant to be used on their site. u u Up to $350 K for site specific grant n No Cost Share Requirement n Grantee Does Not Have to Own Site
Clean Up Grants n Up to $200, 000 n Petroleum or Hazardous Substance n 3 year Project Period n Limited Sampling, Remedial Action Planning, Clean Up
Clean Up Grants (cont. ) n Only Site Specific n 20% Cost Share Requirement u Cost share can come from private entity n Grantee Must Own Site u Okay to flip title to the public entity for clean up then back to private entity n Tribes, Governmental and Quasi-Governmental Agencies, and Non-Profits are Eligible Applicants
Revolving Loan Fund Grants n Up to $1, 000 per Eligible Entity u Can Form Coalitions n Petroleum and Hazardous Substance in one Grant Application – Separate Budget n 20% Cost Share u Can be passed on to loan recipient n Performance period – 5 years u For grantee, the terms of the loans are determined by the grantee
FY 10 Grants n Nationally u 304 grants, $78. 9 Million t 188 Assessment t 99 Clean Up t 17 RLF n Does not include $100 M in ARRA Funds
FY 10 Grants n Region V u 71 grants – 34% of Total u 45 Assessment u 17 Clean Up u 9 RLF n Plus additional 7. 3 M in Supplemental RLF
Environmental Justice and Brownfields Message from Mathy Stanislaus, OSWER Director, to EPA staff on September 2009: “Look for opportunities to use cleaned up land for urban gardens and urban agriculture. Disadvantaged communities may be particularly interested in opportunities to become more economically independent. ”
How/When to Apply Guidelines n www. epa. gov/brownfields, Then Hit Grants and Funding n n Applications Due October 15, 2010
Awards n Award Announcements at National BF Conference u Philadelphia April 3 -5, 2011 n Cooperative Agreements Signed (actually get money) by Oct 30
Additional Information n Additional Information available at www. epa. gov/brownfields u Federal Register Notice u Fact sheets u Response to Comments Document n Auker. Karla@epa. gov u (440)250 -1741
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