1. U.S. EPA Brownfields Grants An Overview Karla Auker U.S.EPA Brownfields Region V

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

3. Brownfields Law P.L. 107.118. Small Business Liability Relief and Brownfields Revitalization Act January 11, 2002 Laidlaw, IL

4. Why Was The BF Law Created? 1. Amendment to CERCLA/Superfund Law 1. Amendment to CERCLA/Superfund Law 2. CERCLA provided for “joint and severable liability” – you buy the property, you buy the liability for the waste. 2. CERCLA provided for “joint and severable liability” – you buy the property, you buy the liability for the waste. 3. Entities were afraid to buy potentially contaminated properties. 3. Entities were afraid to buy potentially contaminated properties.

5. Why Was the BF Law Created? 1. To provide a way for entities to purchase property and limit their CERCLA liability 1. To provide a way for entities to purchase property and limit their CERCLA liability  USEPA was required to establish standards and practices for satisfying All Appropriate Inquiry (AAI).  Creation of Phase I Staandards

6. Why Was the BF Law Created? 2. To provide funding to help public and private entities assess and clean up contaminated and potentially contaminated properties. 2. To provide funding to help public and private entities assess and clean up contaminated and potentially contaminated properties. It was a win-win law - good for communities and good for industry! It was a win-win law - good for communities and good for industry!

7. 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.”

8. How do you qualify for Liability Protection?  Perform “all appropriate inquiry” (AAI).  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.

9. Types of Federal Brownfields Grants Assessment Assessment Clean Up Clean Up Revolving Loan Fund Revolving Loan Fund Job Training Job Training

10. Who’s Eligible to Receive BF Grant Funds?  Tribes, Governmental, and Quasi- Governmental Agencies  Sometimes Non-Profits  Only eligible for clean up grants

11. Assessment Grants How Much Money? How Much Money?  Single applicant  Up to $200K  Waiver up to $350,000 for site specific grant  Coalition of 3 - 5 applicants  Up to $1M

12. Assessment Grants (cont) Phase I, Phase II, Remedial Action Planning Phase I, Phase II, Remedial Action Planning  Grantee can do assessments for private entities  Example – City pays for Phase I and/or Phase II on property so potential purchaser can obtain financing 3 Year Project Period 3 Year Project Period Petroleum or Hazardous Substance Petroleum or Hazardous Substance

13. Assessment Grants (cont.) Community Wide or Site Specific Community Wide or Site Specific  Community Wide offers more flexibility  Private developer can ask public entity to get an assessment grant to be used on their site.   Up to $350K for site specific grant No Cost Share Requirement No Cost Share Requirement Grantee Does Not Have to Own Site Grantee Does Not Have to Own Site

14. Clean Up Grants Up to $200,000 Up to $200,000 Petroleum or Hazardous Substance Petroleum or Hazardous Substance 3 year Project Period 3 year Project Period Limited Sampling, Remedial Action Planning, Clean Up Limited Sampling, Remedial Action Planning, Clean Up

15. Clean Up Grants (cont.) Only Site Specific Only Site Specific 20% Cost Share Requirement 20% Cost Share Requirement  Cost 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 back to private entity Tribes, Governmental and Quasi-Governmental Agencies, and Non-Profits are Eligible Applicants Tribes, Governmental and Quasi-Governmental Agencies, and Non-Profits are Eligible Applicants

16. Revolving Loan Fund Grants Up to $1,000,000 per Eligible Entity Up to $1,000,000 per Eligible Entity  Can Form Coalitions Petroleum and Hazardous Substance in one Grant Application – Separate Budget Petroleum and Hazardous Substance in one Grant Application – Separate Budget 20% Cost Share 20% Cost Share  Can be passed on to loan recipient Performance period – 5 years Performance period – 5 years  For grantee, the terms of the loans are determined by the grantee

17. FY 10 Grants Nationally Nationally  304 grants, $78.9 Million  188 Assessment  99 Clean Up  17 RLF Does not include $100M in ARRA Funds Does not include $100M in ARRA Funds

18. FY 10 Grants Region V Region V  71 grants – 34% of Total  45 Assessment  17 Clean Up  9 RLF Plus additional 7.3M in Supplemental RLF Plus additional 7.3M in Supplemental RLF

19. Environmental Justice and Brownfields Message from Mathy Stanislaus, OSWER Director, to EPA staff on September 2009: 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.”

20. How/When to Apply Guidelines Guidelines www.epa.gov/brownfields, Then Hit Grants and Funding www.epa.gov/brownfields, Then Hit Grants and Fundingwww.epa.gov/brownfields Applications Due October 15, 2010 Applications Due October 15, 2010

21. Awards Award Announcements at National BF Conference Award Announcements at National BF Conference  Philadelphia April 3 -5, 2011 Cooperative Agreements Signed (actually get money) by Oct 30 Cooperative Agreements Signed (actually get money) by Oct 30

22. Additional Information Additional Information available at www.epa.gov/brownfields Additional Information available at www.epa.gov/brownfields www.epa.gov/brownfields  Federal Register Notice  Fact sheets  Response to Comments Document Auker.Karla@epa.gov Auker.Karla@epa.gov Auker.Karla@epa.gov  (440)250-1741