U.S. EPA Brownfields Grants An Overview

Karla AukerKarla AukerU.S.EPA BrownfieldsU.S.EPA Brownfields

Region VRegion V

Information Outline

1. Why was the Federal Brownfield Law Created?1. Why was the Federal Brownfield Law Created?

2. What are the objectives of the Fedreal 2. What are the objectives of the Fedreal Brownfields Law?Brownfields Law?

3. Why is it important to my community?3. Why is it important to my community?

4. What Funding is available?4. What Funding is available?

Brownfields LawP.L. 107.118. Small Business Liability Relief and

Brownfields Revitalization Act January 11, 2002

Laidlaw, IL

Why Was The BF Law Created?

1. Amendment to CERCLA/Superfund Law1. Amendment to CERCLA/Superfund Law

2. CERCLA provided for “joint and severable 2. CERCLA provided for “joint and severable liability” – you buy the property, you buy the liability” – you buy the property, you buy the liability for the waste.liability for the waste.

3. Entities were afraid to buy potentially 3. Entities were afraid to buy potentially contaminated properties.contaminated properties.

Why Was the BF Law Created?

1. To provide a way for entities to purchase 1. To provide a way for entities to purchase property and limit their CERCLA liabilityproperty and limit their CERCLA liability

USEPA was required to establish standards USEPA was required to establish standards and practices for satisfying All Appropriate and practices for satisfying All Appropriate Inquiry (AAI).Inquiry (AAI).

Creation of Phase I StaandardsCreation of Phase I Staandards

Why Was the BF Law Created?

2. To provide funding to help public and 2. To provide funding to help public and private entities assess and clean up private entities assess and clean up contaminated and potentially contaminated contaminated and potentially contaminated properties.properties.

It was a win-win law - good for It was a win-win law - good for communities and good for industry!communities and good for industry!

Brownfields Definition

“…“…..real property, the expansion, redevelopment, ..real property, the expansion, redevelopment, or reuse of which may be complicated by the or reuse of which may be complicated by the presence or potential presence of a hazardous presence or potential presence of a hazardous

substance, pollutant or contaminant.” substance, pollutant or contaminant.”

How do you qualify for Liability Protection?

Perform “all appropriate inquiry” (AAI).Perform “all appropriate inquiry” (AAI).ASTM 1527-05 Phase I AssessmentASTM 1527-05 Phase I Assessment

Demonstrate that you are not a PRP and have Demonstrate that you are not a PRP and have “no affiliation” or contractual relationship with “no affiliation” or contractual relationship with any other PRP.any other PRP.

Meet all “continuing obligations” including Meet all “continuing obligations” including taking “reasonable steps” with respect to the taking “reasonable steps” with respect to the contamination.contamination.

Types of Federal Brownfields Grants

Assessment Assessment Clean Up Clean Up Revolving Loan FundRevolving Loan Fund Job TrainingJob Training

Who’s Eligible to Receive BF Grant Funds?

Tribes, Governmental, and Quasi-Tribes, Governmental, and Quasi-Governmental Agencies Governmental Agencies

Sometimes Non-ProfitsSometimes Non-ProfitsOnly eligible for clean up grantsOnly eligible for clean up grants

Assessment Grants

How Much Money?How Much Money? Single applicantSingle applicant

Up to $200KUp to $200KWaiver up to $350,000 for site specific grantWaiver up to $350,000 for site specific grant

Coalition of 3 - 5 applicantsCoalition of 3 - 5 applicantsUp to $1MUp to $1M

Assessment Grants (cont)

Phase I, Phase II, Remedial Action PlanningPhase I, Phase II, Remedial Action Planning Grantee can do assessments for private entitiesGrantee can do assessments for private entities Example – City pays for Phase I and/or Phase II Example – City pays for Phase I and/or Phase II

on property so potential purchaser can obtain on property so potential purchaser can obtain financing financing

3 Year Project Period3 Year Project Period

Petroleum or Hazardous SubstancePetroleum or Hazardous Substance

Assessment Grants (cont.) Community Wide or Site SpecificCommunity Wide or Site Specific

Community Wide offers more flexibilityCommunity Wide offers more flexibility

Private developer can ask public entity to get an Private developer can ask public entity to get an assessment grant to be used on their site.assessment grant to be used on their site.

Up to $350K for site specific grantUp to $350K for site specific grant

No Cost Share Requirement No Cost Share Requirement

Grantee Does Not Have to Own SiteGrantee Does Not Have to Own Site

Clean Up Grants

Up to $200,000Up to $200,000

Petroleum or Hazardous SubstancePetroleum or Hazardous Substance

3 year Project Period3 year Project Period

Limited Sampling, Remedial Action Planning, Limited Sampling, Remedial Action Planning, Clean UpClean Up

Clean Up Grants (cont.) Only Site SpecificOnly Site Specific

20% Cost Share Requirement20% Cost Share Requirement Cost share can come from private entityCost share can come from private entity

Grantee Must Own Site Grantee Must Own Site Okay to flip title to the public entity for clean up then Okay to flip title to the public entity for clean up then

back to private entity back to private entity

Tribes, Governmental and Quasi-Governmental Agencies, Tribes, Governmental and Quasi-Governmental Agencies, and and Non-Profits are Eligible Applicants Non-Profits are Eligible Applicants

Revolving Loan Fund Grants Up to $1,000,000 per Eligible EntityUp to $1,000,000 per Eligible Entity

Can Form CoalitionsCan Form Coalitions

Petroleum and Hazardous Substance in one Grant Application – Petroleum and Hazardous Substance in one Grant Application – Separate BudgetSeparate Budget

20% Cost Share20% Cost Share Can be passed on to loan recipientCan be passed on to loan recipient

Performance period – 5 yearsPerformance period – 5 years For grantee, the terms of the loans are determined by the granteeFor grantee, the terms of the loans are determined by the grantee

FY 10 Grants

NationallyNationally 304 grants, $78.9 Million304 grants, $78.9 Million

188 Assessment188 Assessment99 Clean Up99 Clean Up17 RLF17 RLF

Does not include $100M in ARRA FundsDoes not include $100M in ARRA Funds

FY 10 Grants

Region V Region V 71 grants – 34% of Total71 grants – 34% of Total 45 Assessment45 Assessment 17 Clean Up17 Clean Up 9 RLF9 RLF

Plus additional 7.3M in Supplemental RLF Plus additional 7.3M in Supplemental RLF

Environmental Justice and Brownfields

Message from Mathy Stanislaus, OSWER Message from Mathy Stanislaus, OSWER Director, to EPA staff on September 2009:Director, to EPA staff on September 2009:

““Look for opportunities to use cleaned up land for Look for opportunities to use cleaned up land for urban gardens and urban agriculture. urban gardens and urban agriculture. Disadvantaged communities may be particularly Disadvantaged communities may be particularly interested in opportunities to become more interested in opportunities to become more economically independent.” economically independent.”

How/When to Apply

Guidelines Guidelines www.epa.gov/brownfields, Then Hit , Then Hit

Grants and FundingGrants and Funding

Applications Due October 15, 2010Applications Due October 15, 2010

Awards

Award Announcements at National BF Award Announcements at National BF Conference Conference Philadelphia April 3 -5, 2011Philadelphia April 3 -5, 2011

Cooperative Agreements Signed (actually Cooperative Agreements Signed (actually get money) by Oct 30get money) by Oct 30

Additional Information

Additional Information available at Additional Information available at www.epa.gov/brownfields Federal Register NoticeFederal Register Notice Fact sheetsFact sheets Response to Comments DocumentResponse to Comments Document

Auker.Karla@epa.gov (440)250-1741(440)250-1741