Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs for FY2019
Notice.
Citation: "83 FR 49079"
Document Number: "FRL-9984-33-OLEM"
Page Number: "49079"
"Notices"
Agency: "
SUMMARY:
The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements of a response program and establishing a public record. Another goal is to provide funding for other activities that increase the number of response actions conducted or overseen by a state or tribal response program. This funding is not intended to supplant current state or tribal funding for their response programs. Instead, it is to supplement their funding to increase their response capacity.
For fiscal year 2019,
DATES:
This action is applicable as of
ADDRESSES: Mailing addresses for
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, authorizes a noncompetitive
FOOTNOTE 1 The term "state" is defined in this document as defined in CERCLA section 101(27). END FOOTNOTE
FOOTNOTE 2 The term "Indian tribe" is defined in this document as it is defined in CERCLA section 101(36). Intertribal consortia, as defined in the Federal Register Notice at 67 FR 67181,
FOOTNOTE 3 Categorical grants are issued by the
FOOTNOTE 4 The Agency may waive any provision of this guidance that is not required by statute, regulation, Executive Order or overriding Agency policies. END FOOTNOTE
Section 128(a)(1)(B)(ii)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, authorizes a noncompetitive
The Catalogue of Federal Domestic Assistance entry for the section 128(a) State and Tribal Response Program cooperative agreements is 66.817. This grant program is eligible to be included in state and tribal Performance Partnership Grants under 40 CFR part 35 Subparts A and B, with the exception of funds used to capitalize a revolving loan fund for brownfield remediation under section 104(k)(3); or purchase environmental insurance or developing a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a State or Tribal response program.
Requests for funding will be accepted from
Requests submitted by the
States and tribes requesting funds are required to provide a Dun and Bradstreet Data Universal Numbering System (DUNS) number with their cooperative agreement's final package. For more information, please go to www.grants.gov.
II. Background
State and tribal response programs oversee assessment and cleanup activities at brownfield sites across the country. The depth and breadth of these programs vary. Some focus on CERCLA related activities, while others are multi-faceted, addressing sites regulated by both CERCLA and the Resource Conservation and Recovery Act (RCRA). Many states also offer accompanying financial incentive programs to spur cleanup and redevelopment. In enacting CERCLA section 128(a), /5/
FOOTNOTE 5 Section 128(a) was added to CERCLA in 2002 by the Small Business Liability Relief and Brownfields Revitalization Act (Brownfield Amendments). END FOOTNOTE
This funding is intended for those states and tribes that have the required management and administrative capacity within their government to administer a federal grant. The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements of an environmental response program and that the program establishes and maintains a public record of sites addressed. Subject to the availability of funds,
III. Eligibility for Funding
To be eligible for funding under CERCLA section 128(a), a state or tribe must:
1. Demonstrate that its response program includes, or is taking reasonable steps to include, the four elements of a response program described in Section V of this guidance; or be a party to a voluntary response program Memorandum of Agreement (VRP MOA) /6/ with
FOOTNOTE 6 States or tribes that are parties to VRP MOAs and that maintain and make available a public record are automatically eligible for section 128(a) funding. END FOOTNOTE
2. maintain and make available to the public a record of sites at which response actions have been completed in the previous year and are planned to be addressed in the upcoming year (see CERCLA section 128(b)(1)(C)).
IV. Matching Funds/Cost-Share
States and tribes are not required to provide matching funds for cooperative agreements awarded under section 128(a), with the exception of section 128(a) funds a state or tribe uses to capitalize a
V. The Four Elements--Section 128(a)(2)
Section 128(a) recipients that do not have a VRP MOA with
The four elements of a response program are described below:
1. Timely survey and inventory of brownfield sites in state or tribal land. The goal for this element is to enable the state or tribe to establish or enhance a system or process that will provide a reasonable estimate of the number, likely locations, and the general characteristics of brownfields sites in their state or tribal lands.
Given funding limitations,
2. Oversight and enforcement authorities or other mechanisms and resources. The goal for this element is to have state and tribal response programs that include oversight and enforcement authorities or other mechanisms, and resources to ensure that:
a. A response action will protect human health and the environment, and be conducted in accordance with applicable laws; and
b. the state or tribe will complete the necessary response activities if the person conducting the response fails to complete them (this includes operation and maintenance and/or long-term monitoring activities).
3. Mechanisms and resources to provide meaningful opportunities for public participation. /7/ The goal for this element is to have states and tribes include in their response program mechanisms and resources for meaningful public participation, at the local level, including, at a minimum:
FOOTNOTE 7 States and tribes establishing this element may find useful information on public participation on
a. Public access to documents and related materials that a state, tribe, or party conducting the cleanup is relying on or developing to make cleanup decisions or conduct site activities;
b. prior notice and opportunity for meaningful public comment on cleanup plans and site activities, including the input into the prioritization of sites; and
c. a mechanism by which a person who is, or may be, affected by a release or threatened release of a hazardous substance, pollutant, or contaminant at a brownfield site -- located in the community in which the person works or resides -- may request that a site assessment be conducted. The appropriate state or tribal official must consider this request and appropriately respond.
4. Mechanisms for approval of cleanup plans, and verification and certification that cleanup is complete. The goal for this element is to have states and tribes include in their response program mechanisms to approve cleanup plans and to verify that response actions are complete, including a requirement for certification or similar documentation from the state, the tribe, or a licensed site professional that the response action is complete. Written approval by a state or tribal response program official of a proposed cleanup plan is an example of an approval mechanism.
VI. Public Record Requirement
In order to be eligible for section 128(a) funding, states and tribes (including those with MOAs) must establish and maintain a public record system, as described below, to enable meaningful public participation (refer to Section V.3 above). Specifically, under section 128(b)(1)(C), states and tribes must:
1. Maintain and update, at least annually or more often as appropriate, a public record that includes the name and location of sites at which response actions have been completed during the previous year;
2. maintain and update, at least annually or more often as appropriate, a public record that includes the name and location of sites at which response actions are planned in the next year; and
3. identify in the public record whether or not the site, upon completion of the response action, will be suitable for unrestricted use. If not, the public record must identify the institutional controls relied on in the remedy and include relevant information concerning the entity responsible for oversight, monitoring, and/or maintenance of the institutional and engineering controls; and how the responsible entity is implementing those activities (see Section VI.C).
Section 128(a) funds may be used to maintain and make available a public record system that meets the requirements discussed above.
A. Distinguishing the "Survey and Inventory" Element From the "Public Record"
It is important to note that the public record requirement differs from the "timely survey and inventory" element described in the "Four Elements" section above. The public record addresses sites at which response actions have been completed in the previous year or are planned in the upcoming year. In contrast, the "timely survey and inventory" element, described above, refers to identifying brownfield sites regardless of planned or completed actions.
FOOTNOTE 8 For further information on data quality requirements for latitude and longitude information, please see
In an effort to reduce cooperative agreement reporting requirements and increase public access to the public record,
C. Long-Term Maintenance of the Public Record
FOOTNOTE 9 States and tribes may find useful information on institutional controls on the
VII. Use of Funding
A. Overview
Section 128(a)(1)(B) describes the eligible uses of cooperative agreement funds by states and tribes. In general, a state or tribe may use funding to "establish or enhance" its response program. Specifically, a state or tribe may use cooperative agreement funds to build response programs that include the four elements outline in section 128(a)(2). Eligible activities include, but are not limited to, the following:
* Developing legislation, regulations, procedures, ordinances, guidance, etc. that establish or enhance the administrative and legal structure of a response program;
* establishing and maintaining the required public record described in Section VI of this guidance;
* operation, maintenance and long-term monitoring of institutional controls and engineering controls;
* conducting site-specific activities, such as assessment or cleanup, provided such activities establish and/or enhance the response program and are tied to the four elements. In addition to the requirement under CERCLA section 128(a)(2)(C)(ii) to provide for public comment on cleanup plans and site activities,
* capitalizing a revolving loan fund (RLF) for brownfields cleanup as authorized under CERCLA section 104(k)(3). These RLFs are subject to the same statutory requirements and cooperative agreement terms and conditions applicable to RLFs awarded under section 104(k)(3). Requirements include a 20 percent match (in the form of money, labor, material, or services from a non-federal source) on the amount of section 128(a) funds used for the RLF, a prohibition on using
* purchasing environmental insurance or developing a risk-sharing pool, indemnity pool, or insurance mechanism to provide financing for response actions under a state or tribal response program.
B. Uses Related To Establishing a State or Tribal Response Program
Under CERCLA section 128(a), establish includes activities necessary to build the foundation for the four elements of a state or tribal response program and the public record requirement. For example, a state or tribal response program may use section 128(a) funds to develop regulations, ordinances, procedures, guidance, and a public record.
States and tribes also need to comply with Grants Policy Issuance (GPI) 17-01 Sustainability in
C. Uses Related To Enhancing a State or Tribal Response Program
Under CERCLA section 128(a), enhancing a state or tribal response program includes related to activities that add to or improve a state or tribal response program or increase the number of sites at which response actions are conducted under such programs.
The exact enhancement activities that may be allowable depend upon the work plan negotiated between the
FOOTNOTE 10
FOOTNOTE 11 For more information about
D. Uses Related to Site-Specific Activities
1. Eligible Uses of Funds for Site-Specific Activities
Site-specific assessment and cleanup activities should establish and/or enhance the response program and be tied to the four elements. Site-specific assessments and cleanups can be both eligible and allowable if the activities is included in the work plan negotiated between the
a. Section 128(a) funds can only be used for assessments or cleanups at sites that meet the definition of a brownfields site at CERCLA section 101(39).
FOOTNOTE 12 An example of prioritizing sites based on need can be focusing on environmental justice.
b. absent
c. absent
d. assessments and cleanups cannot be conducted at sites where the state/tribe is a potentially responsible party pursuant to CERCLA section 107, except:
* At brownfield sites contaminated by a controlled substance as defined in CERCLA section 101(39)(D)(ii)(I); or
* when the recipient would satisfy all of the elements set forth in CERCLA section 101(40) to qualify as a bona fide prospective purchaser, or would satisfy all elements 101(40), except where the date of acquisition of the property was on or before
Subawards are defined at 2 CFR 200.92 and may not be awarded to for-profit organizations. If the recipient plans on making any subawards under the cooperative agreement, then they become a pass-through entity. As the pass-through entity, the recipient must report on its subaward monitoring activities under 2 CFR 200.331(d). Additional reporting requirements for these activities will be included in the cooperative agreement. In addition, subawards cannot be provided to entities that may be potentially responsible parties (pursuant to CERCLA section 107) at the site for which the assessment or cleanup activities are proposed to be conducted, except:
1. At brownfields sites contaminated by a controlled substance as defined in CERCLA section 101(39)(D)(ii)(I); or
2. when the recipient would satisfy all of the elements set forth in CERCLA section 101(40) to qualify as a bona fide prospective purchaser, or would satisfy all elements of CERCLA 101(40)(D) except where the date of acquisition of the property was on or before
2. Limitations on the Amount of Funds Used for Site-Specific Activities and Waiver Process
States and tribes may use section 128(a) funds for site-specific activities that improve state or tribal capacity. However, the amount recipients may request for site-specific assessments and cleanups may not exceed 50% of the total amount of funding. /13/ In order to exceed the 50% site-specific funding limit, a state or tribe must submit a waiver request. The funding request must include a brief justification describing the reason(s) for spending more than 50% of an annual allocation on site-specific activities. An applicant, when requesting a waiver, must include the following information in the written justification:
FOOTNOTE 13 Oversight of assessment and cleanup activities performed by responsible parties (other than the state or tribe) does not count toward the 50% limit. END FOOTNOTE
* Total amount requested for site-specific activities;
* percentage of the site-specific activities (assuming waiver is approved) in the total budget;
* site-specific activities that will be covered by this funding. If known, provide site specific information and describe how work on each site contributes to the development or enhancement of your state/tribal site response program. Explain how the community will be (or has been) involved in prioritization of site work and especially those sites where there is a potential or known significant environmental impact to the community;
* an explanation of how this shift in funding will not negatively impact the core programmatic capacity (i.e., the ability to establish/enhance the four required elements of a response program) and how the core program activities will be maintained in spite of an increase in site-specific work. Recipients must demonstrate that they have adequate funding from other sources to effectively carry out work on the four elements for
* an explanation as to whether the sites to be addressed are those for which the affected community(ies) has requested work be conducted (refer to Section VII.A Overview of Funding for more information).
3. Uses Related to Site-Specific Activities at Petroleum
States and tribes may use section 128(a) funds for activities that establish and enhance response programs addressing petroleum brownfield sites. Subject to the restrictions listed above (see Section VII.D.1) for all site-specific activities, the costs of site-specific assessments and cleanup activities at petroleum contaminated brownfield sites, as defined in CERCLA section 101(39)(D)(ii)(II), are both eligible and allowable if the activity is included in the work plan negotiated between the
4. Additional Examples of Eligible Site-Specific Activities
Other eligible uses of funds for site-specific related include, but are not limited to, the following activities:
* Technical assistance to federal brownfields cooperative agreement recipients;
* development and/or review of quality assurance project plans (QAPPs); and
* entering data into the Assessment Cleanup and Redevelopment Exchange System (ACRES) database
E. Uses Related to Activities at "Non-
Other uses not specifically referenced in this guidance may also be eligible and allowable. Recipients should consult with their regional state or tribal contact for additional guidance. Costs incurred for activities at non-brownfield sites may be eligible and allowable if such activities are included in the state's or tribe's work plan. Direct assessment and cleanup activities may only be conducted on eligible brownfield sites, as defined in CERCLA section 101(39).
VIII. General Programmatic Guidelines for 128(a) Grant Funding Requests
Funding authorized under CERCLA section 128(a) is awarded through a cooperative agreement /14/ between
FOOTNOTE 14 A cooperative agreement is an agreement to a state/tribe that includes substantial involvement by
A. One Application per State or Tribe
Subject to the availability of funds,
B. Maximum Funding Request
For Fiscal Year 2019,
C. Define the State or Tribal Response Program
States and tribes must define in their work plan the "section 128(a) response program(s)" to which the funds will be applied, and may designate a component of the state or tribe that will be
D. Separate Cooperative Agreements for the Capitalization of RLFs Using Section 128(a) Funds
If a portion of the section 128(a) grant funds requested will be used to capitalize a revolving loan fund for cleanup, pursuant to section 104(k)(3), two separate cooperative agreements must be awarded (i.e., one for the RLF and one for non-RLF uses). States and tribes must, however, submit one initial request for funding, delineating the RLF as a proposed use. Section 128(a) funds used to capitalize an RLF are not eligible for inclusion into a Performance Partnership Grant (PPG).
E. Authority To Manage a Revolving Loan Fund Program
If a state or tribe chooses to use its section 128(a) funds to capitalize a revolving loan fund program, the state or tribe must have the lead authority to manage the program (e.g., hold loans, make loans, enter into loan agreements, collect repayment, access and secure the site in event of an emergency or loan default). If the agency/department listed as the point of contact for the section 128(a) cooperative agreement does not have this authority, it must be able to demonstrate that another agency within that state or tribe has the authority to manage the RLF and is willing to do so.
F. Section 128(a) Cooperative Agreements Can Be Part of a Performance Partnership Grant (PPG)
States and tribes may include section 128(a) cooperative agreements in their PPG as described in 69 FR 51756 (2004). Section 128(a) funds used to capitalize an RLF or purchase environmental insurance or develop a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a state or tribal response program are not eligible for inclusion in the PPG.
G. Project Period
H. Demonstrating the Four Elements
As part of the annual work plan negotiation process, states or tribes that do not have VRP MOAs must demonstrate that their program includes, or is taking reasonable steps to include, the four elements described in Section V.
I. Establishing and Maintaining the Public Record
Prior to funding a state's or tribe's annual work plan,
FOOTNOTE 15 For purposes of 128(a) funding, the state's or tribe's public record applies to that state's or tribe's response program(s) that utilized the section 128(a) funding. END FOOTNOTE
* States or tribes that received initial funding prior to FY18: Requests for FY19 funds will not be accepted from states or tribes that fail to demonstrate, by the
* states or tribes that received initial funding in FY18: By the time of the actual FY19 award, the state or tribe must demonstrate that they established and maintained the public record (those states and tribes that do not meet this requirement will have a term and condition placed on their FY19 cooperative agreement that prohibits the drawdown of FY19 funds until the public record requirement is met).
J. Demonstration of Significant Utilization of
States and tribes should be aware that
K. Allocation System and Process for Distribution of Funds
After the
After receipt of the regional recommendations,
See illustration in Original Document.
IX. Information To Be Submitted With the Funding Request
A. Summary of Planned Use of FY19 Funding
All states and tribes requesting FY19 funds must submit (to their regional brownfields contact, shown on the last page of this guidance) a draft work plan of the funds with associated dollar amounts to their regional brownfields contact listed on the last page. Please contact your regional brownfields contact or visit www.epa.gov/brownfields/brownfields-comprehensive-environmental-response-compensation-and-liability-act-cercla for a sample draft work plan.
For entities which received CERCLA 128(a) funding in previous years, respond to the following:
1. Funding Request
a. Prepare a draft work plan and budget for your FY19 funding request. The funding requested should be reasonably spent in one year. The requestor should work, as early as possible, with their
b. In your funding request, include the prior years' funding amount. Include any funds that you, the recipient, have not received or drawn down in payments (i.e., funds
If you do not have an MOA with
Note:Programmatic Capability--[Only Respond if Specifically Requested by Region]
a. Include a brief description of the key qualifications of staff to manage the response program and/or the process you will follow to hire staff to manage the response program. If key staff is already in place, include their roles, expertise, qualifications, and experience.
b. Discuss how this response program fits into your current environmental program(s). If you do not have an environmental program, describe your process to develop, or interest to start one.
c. Describe if you have had adverse audit findings. If you had problems with the administration of any grants or cooperative agreements, describe how you have corrected, or are correcting, the problems.
For tribal entities which have never received CERCLA 128(a) funding, respond to the following:
2. Funding Request
a. Describe your plan to establish a response program, why it is a priority for your tribe, and why CERCLA 128(a) funding will be beneficial to your program. If your tribe is already supported by a tribal consortium receiving CERCLA 128(a) funding, explain why additional resources are necessary.
b. Prepare a draft work plan and budget for your first funding year. The funding requested should be reasonably spent in one year. For budget planning purposes, it is recommended that you assume funding sufficient to support 0.5 staff to establish a response program and some travel to attend regional and national trainings or events.
3. Programmatic Capability
a. Describe the organizational structure you will utilize to ensure sound program management to guarantee or confirm timely and successful expenditure of funds, and completion of all technical, administrative and financial requirements of the program and cooperative agreement.
b. Include a brief description of the key qualifications of staff to manage the response program and/or the process you will follow to hire staff to manage the response program. If key staff is already in place, include their roles, expertise, qualifications, and experience.
c. Discuss how this response program fits into your current environmental program(s). If you do not have an environmental program, describe your process to develop, or interest to start one.
d. Describe if you have had adverse audit findings. If you had problems with the administration of any grants or cooperative agreements, describe how you have corrected, or are correcting, the problems.
X. Terms and Reporting
Cooperative agreements for state and tribal response programs will include programmatic and administrative terms and conditions. These terms and conditions will describe
A. Progress Reports
In accordance with 2 CFR 200.328 and any
1. Interim and final progress reports. Reports must prominently display the following information as reflected in the current
2. Reporting for Non-MOA states and tribes. All recipients without a VRP MOA must report activities related to establishing or enhancing the four elements of the state's or tribe's response program. For each element state/tribes must report how they are maintaining the element or how they are taking reasonable steps to establish or enhance the element as negotiated in individual state/tribal work plans. For example, pursuant to CERCLA section 128(a)(2)(B), reports on the oversight and enforcement authorities/mechanisms element may include:
* A narrative description and copies of applicable documents developed or under development to enable the response program to conduct enforcement and oversight at sites. For example:
o Legal authorities and mechanisms (e.g., statutes, regulations, orders, agreements); and
o policies and procedures to implement legal authorities; and other mechanisms;
* a description of the resources and staff allocated/to be allocated to the response program to conduct oversight and enforcement at sites as a result of the cooperative agreement;
* a narrative description of how these authorities or other mechanisms, and resources, are adequate to ensure that:
o a response action will protect human health and the environment; and be conducted in accordance with applicable federal and state law; and if the person conducting the response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed; and
* a narrative description and copy of appropriate documents demonstrating the exercise of oversight and enforcement authorities by the response program at a brownfields site.
3. Reporting for site-specific assessment or cleanup activities. Recipients with work plans that include funding for brownfields site assessment or cleanup must input information required by the OMB-approved Property Profile Form into the ACRES database for each site assessment and cleanup. In addition, recipients must report how they provide the affected community with prior notice and opportunity for meaningful participation as per CERCLA section 128(a)(2)(C)(ii), on proposed cleanup plans and site activities. For example,
4. Reporting for other site-specific activities. Recipients with work plans that include funding for other site-specific related activities must include a description of the site-specific activities and the number of sites at which the activity was conducted. For example:
* Number and frequency of oversight audits of licensed site professional certified cleanups;
* number and frequency of state/tribal oversight audits conducted;
* number of sites where staff conducted audits, provided technical assistance, or conducted other oversight activities; and
* number of staff conducting oversight audits, providing technical assistance, or conducting other oversight activities.
5. Reporting required when using funding for an RLF. Recipients with work plans that include funding for a revolving loan fund must include the information required by the terms and conditions for progress reporting under CERCLA section 104(k)(3) RLF cooperative agreements.
6. Reporting environmental insurance. Recipients with work plans that include funding for environmental insurance must report:
* Number and description of insurance policies purchased (e.g., name of insurer, type of coverage provided, dollar limits of coverage, any buffers or deductibles, category and identity of insured persons, premium, first dollar or umbrella, whether site specific or blanket, occurrence or claims made, etc.);
* the number of sites covered by the insurance;
* the amount of funds spent on environmental insurance (e.g., amount dedicated to insurance program, or to insurance premiums); and
* the amount of claims paid by insurers to policy holders.
The regional offices may also request that information be added to the progress reports, as appropriate, to properly document activities described by the cooperative agreement work plan.
The regional offices will forward progress reports to
B. Reporting of Program Activity Levels
States and tribes must report, by
* Environmental programs where CERCLA section 128(a) funds are used to support capacity building (general program support, non-site-specific work). Indicate as appropriate from the following:
__Brownfields
__Underground Storage Tanks/Leaking Underground Storage Tanks
__Federal Facilities
__Solid Waste
__Superfund
__Hazardous Waste Facilities
__VCP (Voluntary Cleanup Program, Independent Cleanup Program, etc.)
__Other____;
* number of properties (or sites) enrolled in a response program during FY18;
* number of properties (or sites) where documentation indicates that cleanup work is complete and all required institutional controls (IC's) are in place, or not required;
* total number of acres associated with properties (or sites) in the previous bullet;
* number of properties where assistance was provided, but the property was not enrolled in the response program (OPTIONAL);
* date that the public record was last updated;
* Estimated total number of properties (or sites) in your brownfields inventory;
* Number of audits/inspections/reviews/other conducted to ensure engineering controls and institutional controls are still protective; and
* Did you develop or revise legislation, regulations, codes, guidance documents or policies related to establishing or enhancing your Voluntary Cleanup Program/Response Program during FY18? If yes, please indicate the type and whether it was new or revised.
C. Reporting of Public Record
All recipients must report, as specified in the terms and conditions of their cooperative agreement, and in Section VIII.I of this guidance, information related to establishing, or if already established, maintaining the public record, described above. States and tribes can refer to an already existing public record (e.g., website or other public database to meet the public record requirement). To meet the reporting requirement, recipients reporting may only be required to demonstrate that the public record (a) exists and is up-to-date, and (b) is adequate. A public record must, as appropriate, include the following information:
A list of sites at which response actions have been completed in the past year including:
* Date the response action was completed;
* site name;
* name of owner at time of cleanup, if known;
* location of the site (street address, and latitude and longitude);
* whether an institutional control is in place;
* type of institutional control(s) in place (e.g., deed restriction, zoning restriction, local ordinance, state registries of contaminated property, deed notices, advisories, etc.);
* nature of the contamination at the site (e.g., hazardous substances, contaminants or pollutants, petroleum contamination, etc.); and
* size of the site in acres.
A list of sites planned to be addressed by the state or tribal response program in the coming year including:
* Site name and the name of owner at time of cleanup, if known;
* location of the site (street address, and latitude and longitude);
* to the extent known, whether an institutional control is in place;
* type of the institutional control(s) in place (e.g., deed restriction, zoning restriction, local ordinance, state registries of contaminated property, deed notices, advisories, etc.);
* to the extent known, the nature of the contamination at the site (e.g., hazardous substances, contaminants, or pollutants, petroleum contamination, etc.); and
* size of the site in acres.
D. Award Administration Information
1. Subaward and Executive Compensation Reporting
Applicants must ensure that they have the necessary processes and systems in place to comply with the subaward and executive total compensation reporting requirements established under OMB guidance at 2 CFR part 170, unless they qualify for an exception from the requirements, should they be selected for funding.
2. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements
Unless exempt from these requirements under OMB guidance at 2 CFR part 25 (e.g., individuals), applicants must:
1. Be registered in SAM prior to submitting an application or proposal under this announcement. SAM information can be found at https://www.sam.gov/portal/public/SAM/;
2. Maintain an active SAM registration with current information at all times during which they have an active federal award or an application or proposal under consideration by an agency; and
3. Provide their DUNS number in each application or proposal submitted to the agency. Applicants can receive a DUNS number, at no cost, by calling the dedicated toll-free DUNS Number request line at 1-866-705-5711, or visiting the D&B website at: http://www.dnb.com.
If an applicant fails to comply with these requirements, it will affect their ability to receive the award.
Please note that the Central Contractor Registration (CCR) system has been replaced by the System for Award Management (SAM). To learn more about SAM, go to SAM.gov or https://www.sam.gov/portal/public/SAM/.
3. Submitting an Application via Grants.gov
If funding is provided it will be provided through a cooperative agreement award. All cooperative agreement applications for non-competitive assistance agreements must be submitted using Grants.gov. Below is the information that the applicant will use to submit their State and Tribal Response Program Grant applications via Grants.gov:
CDFA number: 66.817
Funding Opportunity Number (FON):
To learn more about the Grants.gov submission requirements, go to http://www.epa.gov/grants/how-apply-grants.
4. Use of Funds
An applicant that receives an award under this announcement is expected to manage assistance agreement funds efficiently and effectively, and make sufficient progress towards completing the project activities described in the work-plan in a timely manner. The assistance agreement will include terms and conditions related to implementing this requirement.
Regional State and Tribal Brownfields Contacts Region State Tribal 1-CT, ME, MA, NH, RI, VT James Byrne, 5 Post Office Square, Suite 100 (OSRR07-2), Boston, AmyJean McKeown, 5 Post Office Square, Suite 100 (OSRR07-2), MA 02109-3912, Phone (617) 918-1389, Fax (617) 918-1294 Boston, MA 02109-3912, Phone (617) 918-1248, Fax (617) 918-1294. 2-NJ, NY, PR, VI John Struble, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phillip Clappin, 290 Broadway, 18th Floor, New York, NY Phone (212) 637-4291, Fax (212) 637-3083 10007-1866, Phone (212) 637-4431, Fax (212) 637-3083. 3-DE, DC, MD, PA, VA, WV Michael Taurino, 1650 Arch Street (3HS51), Philadelphia, PA Michael Taurino, 1650 Arch Street (3HS51), Philadelphia, PA 19103, Phone (215) 814-3371, Fax (215) 814-3274 19103, Phone (215) 814-3371, Fax (215) 814-3274. 4-AL, FL, GA, KY, MS, NC, SC, TN Cindy Nolan, 61 Forsyth Street SW, 10TH FL (9T25), Atlanta, GA Olga Perry, 61 Forsyth Street SW, 10TH FL (9T25), Atlanta, GA 30303-8960, Phone (404) 562-8425, Fax (404) 562-8788 30303-8960, Phone (404) 562-8534, Fax (404) 562-8788. 5-IL, IN, MI, MN, OH, WI Keary Cragan, 77 West Jackson Boulevard (SB-5J), Chicago, IL Rosita Clark, 77 West Jackson Boulevard (SB-5J), Chicago, IL 60604-3507, Phone (312) 353-5669, Fax (312) 692-2161 60604-3507, Phone (312) 886-7251, Fax (312) 697-2075. 6-AR, LA, NM, OK, TX Roger Hancock, 1445 Ross Avenue, Suite 1200 (6SF), Dallas, TX Roger Hancock, 1445 Ross Avenue, Suite 1200 (6SF), Dallas, TX 75202-2733, Phone (214) 665-6688, Fax (214) 665-6660 75202-2733, Phone (214) 665-6688, Fax (214) 665-6660. 7-IA, KS, MO, NE Susan Klein, 11201 Renner Boulevard (SUPRSTAR), Lenexa KS 66219, Jennifer Morris, 11201 Renner Boulevard (SUPRSTAR), Lenexa KS Phone (913) 551-7786, Fax (913) 551-9786 66219, Phone (913) 551-7341, Fax (913) 551-9341. 8-CO, MT, ND, SD, UT, WY Christina Wilson, 1595 Wynkoop Street (EPR-AR), Denver, CO Melisa Devincenzi, 1595 Wynkoop Street (EPR-AR), Denver, CO 80202-1129, Phone (303) 312-6706, Fax (303) 312-6065 80202-1129, Phone (303) 312-6377, Fax (303) 312-6962. 9-AZ, CA, HI, NV, AS, GU, MP Eugenia Chow, 75 Hawthorne St. (SFD-6-1), San Francisco, CA Jose Garcia, Jr., 600 Wilshire Blvd, Suite 1460, Los Angeles, CA 94105, Phone (415) 972-3160, Fax (415) 947-3520 90017, Phone (213) 244-1811, Fax (213) 244-1850. 10-AK, ID, OR, WA Mary K. Goolie, 222 West 7th Avenue #19 (AOO), Anchorage, AK Mary K. Goolie, 222 West 7th Avenue #19 (AOO), Anchorage, AK 99513 Phone (907) 271-3414, Fax (907) 271-3424 99513 Phone (907) 271-3414, Fax (907) 271-3424.
Appendix A
Funding Guidance for CERCLA 128(a) Small Technical Assistance Grants
Section 128(a)(1)(B)(ii)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, authorizes a noncompetitive
Disadvantaged Area--The term 'disadvantaged area' means a community with an annual median household income that is less than 80 percent of the statewide annual median household income, as determined by the President based on the latest available decennial census and/or
State and tribes with active CERCLA 128(a) grants and are requesting funds in fiscal year 2019 are eligible to submit one request on behalf of a small community or disadvantaged area. The maximum amount of funding allowed is
* Readiness of the recipient and community to complete the project within a year of award,
* the recipient is in good standing with their current CERCLA 128(a) grant,
* has documented support from the community benefiting from this grant, and
* adequately responds to the criteria listed below.
Information to include in the request:
* The amount of funding requested,
* a description of the target community and how they meet the statutory definition of disadvantaged area or small community,
* a description of the proposed project, including a description of key activities, and how it will further brownfields reuse,
* the expected outcomes and timeline to complete the project,
* how/who will be conducting the activities (e.g., state, tribe, contractor)
* if additional resources are necessary to complete the project, please explain how you will secure them,
* an explanation of why existing state and tribal funding is inadequate to complete the proposed project,
* and demonstrate that the community supports the state or tribe receiving the grant
Requests should be no more than 2 pages.
These funds may not be places in Performance Partnership Grants.
XI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735,
Dated:
Director,
[FR Doc. 2018-20736 Filed 9-27-18;
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