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Presented byPresented by: : Nuria MuNuria Muññiziz

USEPA Region 9 Brownfields ProgramUSEPA Region 9 Brownfields Program

EPA BROWNFIELDS EPA BROWNFIELDS GRANT PROGRAMGRANT PROGRAM

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Today’s DiscussionToday’s Discussion

• What are BrownfieldsWhat are Brownfields

• Do you have a Brownfields Site in Do you have a Brownfields Site in your community?your community?

Available FundsAvailable Funds

Answer your QuestionsAnswer your Questions

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Property where the reuse “may be” Property where the reuse “may be” complicated by the presence of hazardous complicated by the presence of hazardous substance or petroleum productssubstance or petroleum products

What is a Brownfield Site?

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Brownfield Sites includeBrownfield Sites includemine scarred lands & illegal drug labs

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Why are Brownfields Why are Brownfields Perceived as a Problem?Perceived as a Problem?

Create Blight (illegal dumping)

Harbor crime

Unknown or uncooperative owners

Often the site is not paying taxes

Dilapidated and aging infrastructure

• Environmental risks

6Is This a Brownfields Site?

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Why Developers Shun Why Developers Shun Brownfields Sites?Brownfields Sites?

Unknown cleanup costs and time frames.

Federal and State Liability Issues

Old infrastructure (ie. no sidewalks or utilities)

Clean land is cheaper and easier to work on

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Federal Brownfields LawFederal Brownfields Law

“Small Business Liability Relief and Brownfields Revitalization Act”

Relieves owners from CERCLA liability if the property was purchased after Jan. 2002

AND the owner conducted due diligence (All Appropriate Inquiry)

Allows use of funds for Assessment and Cleanups (including sites contaminated by petroleum or illegal drug labs).

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Opportunities for CommunitiesOpportunities for Communities

• Reduce environmental and health risks• Promote economic development and jobs• Bring real estate back into productive use• Expand the tax base of local governments• Improve quality of life and preserve cultural

values

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EPA Brownfields FundsEPA Brownfields Funds

128(a)State & Tribal

Response Program

TargetedAssessments

Job TrainingGrants

AssessmentRLF & Cleanup

Grants

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Steps to Brownfields ReuseSteps to Brownfields Reuse

Redevelopment

Cleanup

Planning

Assessment

SiteDiscovery

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Competitive GrantsCompetitive Grants

• Assessment• Cleanup• Revolving Loan Fund

Grants address sites contaminated with Grants address sites contaminated with Hazardous Substances or PetroleumHazardous Substances or Petroleum

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Hazardous Substance SitesHazardous Substance Sites

Examples:• Landfills• Lumber Mill Sites• Salvage Yards• Illegal Dumping Sites• Mine Scarred Lands• Illegal Drug Labs

*Includes sites that may be co-mingled with petroleum

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Petroleum SitesPetroleum Sites

ExamplesExamples::• Abandoned Gas

Stations• Underground

Storage Tanks

*Includes sites with *Includes sites with BTEXBTEX

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Assessment GrantsAssessment Grants

• Create Inventory

• Phase I & Phase II assessments

• Reuse and cleanup plans

• Community outreach

• 3-year grant term

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Community Wide Grant Community Wide Grant

Site-Specific GrantSite-Specific Grant

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Assessment Grant FundingAssessment Grant Funding

ACTIVITYACTIVITY Community-wide

Site-SpecificWith Site-

Specific Cost Waiver

Hazardous Substances

$200,000 $200,000 $350,000

Petroleum $200,000 $200,000 $350,000

Maximum

FUNDING $400,000 $400,000 $700,000

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Cleanup GrantsCleanup Grants

• Phase II underway or completed

• Sole site ownership required by 6/30/086/30/08

• Perform site cleanup

• Confirmatory sampling

• 3-year grant term

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Cleanup Grant FundingCleanup Grant Funding

ACTIVITYACTIVITYAvailable Funding

Total # of Sites Maximum Funding

Hazardous Substances

and/or Petroleum

$200,000

per site

Up to 3 sites

(in separate proposals)

$600,000

Cost Share (20%)

$40,000

per site

$120,000

Total $720,000

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Revolving Loan Fund (RLF)Revolving Loan Fund (RLF)

• Capitalize and manage loan fund• Make loans to eligible entities• Make sub-grants to an eligible entity

(up to 40% of funds)• Conduct community outreach• 5 year grant

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RLF FundingRLF Funding

ACTIVITYACTIVITYAvailable Funding

Funding for Coalition Members

Funding with two (2) Coalition

Members

Hazardous Substances

and/or Petroleum

$1,000,000$1,000,000

per member$2,000,000

Cost Share (20%)

$200,000$200,000

per member$400,000

Total

$2,400,000

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Applicant EligibilityApplicant Eligibility

XNonprofit organizations

XXXIndian Tribe other than in Alaska

XXXState

XXXRedevelopment Agency chartered or sanctioned by a state

XXXRegional Council or group of General Purpose Units of Local Government

XXXGovernment Entity Created by State Legislature

XXXLand Clearance Authority;

Quasi-governmental entity OR

General purpose unit of local government

XXXLocal Governments

CleanupRLFAssessmentType of Applicant

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Applicant EligibilityApplicant Eligibility

• For-profit entities cannot apply For-profit entities cannot apply for grants (but can borrow from for grants (but can borrow from an RLF grantee)an RLF grantee)

• Non profits can apply only for Non profits can apply only for cleanup grants (or borrow from cleanup grants (or borrow from an RLF grantee)an RLF grantee)

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Approximate TimelineApproximate Timeline

• July 2007July 2007: New guidelines available: New guidelines available

• Oct 12, 2007Oct 12, 2007: : PROPOSALS DUEPROPOSALS DUE

• Apr - May 2008Apr - May 2008: Proposals Selected: Proposals Selected

• March 2008March 2008: Awards Announced: Awards Announced

• April - June 2008April - June 2008: Work plans and grant : Work plans and grant paperwork submittedpaperwork submitted

• Jul - Oct 2008Jul - Oct 2008: Funds Available: Funds Available

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Website and ListserveWebsite and Listserve

http://www.epa.gov/brownfields/To view the Request For Proposals To view the Request For Proposals (RFP) announcement, click on:(RFP) announcement, click on: Office of Solid Waste and Emergency Response's Grants and Funding Web

http://www.epa.gov/oswer/docs/grants/epa-http://www.epa.gov/oswer/docs/grants/epa-oswer-obcr-07-01.pdfoswer-obcr-07-01.pdf

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Identify Eligible SitesIdentify Eligible Sites

Is it a Brownfields Site?

• Real Property ?

• Do you believe the site is contaminated?

• What are the contaminants?

HazardousHazardous: solvents, pesticides, metals, drugs, mine tailings, radionuclides, etc. OR

PetroleumPetroleum: gasoline, diesel, motor oil

• What are the impediments for reuse?

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Ineligible Sites

• National Priorities List (Superfund)

• Facilities subject to Court orders under CERCLA

• Facilities that are subject to the jurisdiction, custody or control of the US government (except land held in trust for Indian Tribes)

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Site Eligibility Considerations(site-specific)(site-specific)

Generally, applicant must not be responsible for contamination. Need to answer following questions:

• Who owns it?• Applicant• Private party

• How was it acquired?• Did purchase include due diligence / all

appropriate inquiry?• Tax foreclosure, abandonment, or other

government proceeding

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Site Eligibility Considerations (site-specific)(site-specific)

• Who Contaminated it? • If Applicant in most cases notnot

eligible • Is there another Party?

• What happened on the property after acquisition?• Property Vacant / fenced• Leased to operator

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Site Eligibility for Petroleum(site specific)

• Must be low risk• Is the site low risk? (ask the State)

• Current and previous owner must not be responsible

• Who was the previous owner?• Did previous owner cause contamination?• Did another party cause contamination?

• If current or previous owner is responsible,• Are they financially viable?

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Targeted Brownfields Targeted Brownfields Assessments (TBA)Assessments (TBA)

Designed to help minimize uncertainties of contamination

Eligible entities include: state, local and tribal governments, redevelopment agencies and nonprofits that own the property to be sampled

TBA may encompass: All-appropriate inquiry

Phase I assessment Phase II environmental

assessment Establishment of

cleanup options or cost estimates based on future use

* No funds - only services provided* No funds - only services provided

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Contact and informationContact and information

http://www.epa.gov/brownfields

For more information:

Nuria MuNuria Muññiz iz (415) 972-3811(415) 972-3811

Carolyn DouglasCarolyn Douglas (415) 972-3092Douglas.Carolyn@epa.gov