Range of Approval/Disapproval Time: Approximately 180 days. Appeals: Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR (Federal Register) 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable. Renewals: None. EPA may incrementally fund grants and cooperative agreements under this program. Approval of subsequent funding increments is dependent on satisfactory project progress, continued relevance of the project to EPA's priorities, and availability of funds. Formula and Matching Requirements: This program has no statutory formula. This program has no matching requirements. Length and Time Phasing of Assistance: The length and time phasing of the assistance agreement shall be determined prior to the award. Assistance agreements are awarded either as non-competitive or competitive, subject to EPA Order 5700.5A1. Assistance agreements are awarded on a single-year basis, three-year basis, or five-year basis. See the following for information on how assistance is awarded/released: The funding is released to the recipient according to the recipient's accounting requests, e.g., quarterly, monthly, etc. Reports: The recipient is required to submit quarterly program performance and financial reports. Reporting requirements are identified at 40 CFR Parts 30 and 31. EPA may include additional information regarding the content and frequency of reporting requirements in the terms and conditions of the agreements. No cash reports are required. No progress reports are required. Recipients must submit quarterly financial reports. No performance monitoring is required. Audits: In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. Records: The record retention requirements of 40 CFR Part 30 (non-profits and universities) or 40 CFR Part 31 (governmental units) are applicable depending upon the identity of the recipient. Financial records, including all documents to support entries on accounting records and to substantiate changes to each grant must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained until expiration of three years from the date of submission of the final expenditure report. If questions still remain, such as those raised as a result of audit, related records should be retained until the matter is completely resolved. Account Identification: 20-8153-0-7-304; 68-0108-0-1-304. Obligations: (Project Grants) FY 08 $1,382,468; FY 09 est $969,000; FY 10 est $1,500,000 EPM: FY 08 actual $645,819; FY 09 est. $660,000; FY 10 est. $900,000 LUST: FY 08 actual $736,649; FY 09 est. $309,000; FY 10 est. $600,000. Range and Average of Financial Assistance: FY 08 Range $237,000 - $746,000/year; Average $492,000/year. FY 09 Estimated Range $215,000 - $600,000/year; Average $407,000/year. Fiscal Year 2008: For the four FY 08 assistance agreements awarded, two of which were awarded competitively, two were awarded non-competitively, program outcomes results included assisting the states in ensuring fewer confirmed UST releases and completing LUST cleanups. Fiscal Year 2009: It is anticipated that four applications will be received and awarded in Fiscal Year 2009. Fiscal Year 2010: No Current Data Available REGULATIONS, GUIDELINES, AND LITERATURE: General Grant Regulations and Procedures (40 CFR Part 30, 31, and 34); "EPA Assistance Administration Manual," available from the National Technical Information Service, Springfield, VA, on a subscription basis. Costs will be determined in accordance with OMB Circular No. A-21 for educational institutions, OMB Circular No. A-87 for State and local governments and Indian Tribes, and OMB Circular No. A-122 for nonprofit institutions. Regional or Local Office: See Regional Agency Offices. For state-specific opportunities, EPA encourages potential applications to communicate with the appropriate EPA Regional Underground Storage Tanks Regional Program Managers, see http://www.epa.gov/OUST/regions/index.htm. Headquarters Office: Lynn Depont USEPA 1200 Pennsylvania Avenue, NW Mail Code 5401P, Washington, District of Columbia 20460 Email: depont.lynn@epa.gov Phone: 703-603-7148 Website Address: http://www.epa.gov/OUST/ RELATED PROGRAMS: 66.804 State and Tribal Underground Storage Tanks Program; 66.805 Leaking Underground Storage Tank Trust Fund Program EXAMPLES OF FUNDED PROJECTS: Fiscal Year 2008: 1) Training Support: Provide underground storage tanks (UST) and leaking underground storage tanks training activities for states and tribes, e.g., the Annual Tanks Conference, training on the effective implementation strategies and the tools utilized among the states with regulatory programs underway, program initiatives, compliance with UST systems, and UST releases. 2) Electronic Newsletter: Provide state and tribal regulators, the general public and the regulated community with technical information on UST systems. 3) State/Federal Partnerships: Provide technical assistance and forums for information exchanges to assist States in developing their program capabilities to manage their UST/LUST programs in the most efficient and effective manner possible. 4) Studies: Gather information and provide a summary on technical issues, e.g., study on the impact of using on-site measurement technologies for site assessment and contaminant conceptualization at petroleum release sites. 5) Disseminate technical information to states, tribes and Intertribal Consortia on UST/LUST program implementation. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available CRITERIA FOR SELECTING PROPOSALS: The evaluation and selection criteria for competitive awards under this CFDA description will be described in the competitive announcement. 66.817 STATE AND TRIBAL RESPONSE PROGRAM GRANTS FEDERAL AGENCY: Office of Solid Waste and Emergency Response, Environmental Protection Agency AUTHORIZATION: Comprehensive Environmental Response, Compensation, and Liability Act, Section 128(a), Public Law 107-118; Small Business Liability Relief and Brownfields Revitalization Act. OBJECTIVES: EPA's CERCLA Section 128(a) grant program funds activities that establish or enhance state and tribal response program capacity, capitalize revolving loan funds (RLFs), and support insurance mechanisms. The goals of this funding are to provide financial support for elements of an effective state or tribal response program as specified in CERCLA Section 128 and to ensure that states and tribes maintain a public record of sites included in their programs. Funding Priority - Fiscal Year 2009: In FY 2009, funding will be prioritized as follows: (1) Funding for program development activities to establish or enhance the four elements of a state or tribal response program and to enable states and tribes to comply with the public record requirement, including activities related to institutional controls. (States and tribes that have established one or more of the four elements will not be prejudiced in funding distributions if their work plan includes activities that enhance the four elements. States with Voluntary Cleanup Program Memorandum of Agreement will not be prejudiced in funding distributions if their work plan does not include tasks related to establishing or enhancing the four elements.) (2) Funding for program development activities to enhance the response program or the cleanup capacity of a state or tribal response program. (3) Funding for site-specific activities at eligible brownfields sites. (4) Funding for environmental insurance mechanisms. (5) Funding to capitalize brownfields cleanup RLFs. TYPES OF ASSISTANCE: FORMULA GRANTS USES AND USE RESTRICTIONS: States and tribes can use Section 128 funding to (1) establish or enhance four statutory elements of a response program, as per CERCLA 128(a)(2), (2) capitalize a Revolving Loan Fund program for brownfields cleanup, pursuant to CERCLA 104(k)(3), (3) purchase environmental insurance or develop a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under their programs, and (4) maintain and update, at least annually, a public record of sites, pursuant to CERCLA 128(b), that includes the name and location of sites at which response actions have been completed during the previous year and the name and location of sites at which response actions are planned to be addressed in the next year; (5) conduct limited site-specific activities; "Establish" includes activities necessary to build the foundation for the four elements of a state or tribal response program or may also include activities that keep their program at a level that meets the four elements. "Enhance" is 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 a state or tribal response program. States and tribes may use Section 128(a) funds for activities that establish and enhance their response programs, even if their response programs address petroleum-contamination. Restrictions apply to site-specific activities, such as assessment and cleanup. Assessments and cleanups must be conducted at eligible brownfields sites, as defined in CERCLA 101(39). Applicant Eligibility: States (as defined in CERCLA Section 101(27) and tribes (as defined in CERCLA Section 101(36) are eligible for funding under Section 128(a). To be eligible to receive funding under CERCLA Section 128(a), a state or tribe must demonstrate that its response program includes, or is taking reasonable steps to include, the four elements of a response program. States or tribes that are parties to voluntary response program memoranda of agreement (MOAs) are automatically eligible for Section 128(a) funding. Additionally, states and tribes, including those with MOAs, must 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 in order to qualify for Section 128(a) funding. Beneficiary Eligibility: Beneficiaries include individuals living in recipient states', territories', and tribes' jurisdiction. Credentials/Documentation: States and tribes must provide documentation that they have met or are making reasonable progress towards meeting the four statutory elements, or have a Voluntary Cleanup Program Memorandum of Agreement with EPA, and have established and are maintaining the public record. States and tribes must define their "Section 128(a) response program", and may designate a component of the state or tribe that will be EPA's primary point of contact for negotiations on their proposed work plan. OMB Circular No. A-87 applies to this program. Preapplication Coordination: Annually, states and tribes will work with the EPA regional offices to develop their work plans and funding requests for the upcoming year. Each cooperative agreement must have an annual budget period tied to an annual work plan. Annual funding guidance provides the requirements for submitting requests. No specific forms are required. Informal assistance is available through regional offices. Environmental impact information is not required for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. Application Procedures: OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. States and tribes submit requests to EPA regional offices for funding on an annual basis by submitting a proposed work plan. Annual funding guidance provides the information that should be submitted to the regional office. Once initial requests are submitted, EPA headquarters consolidates requests and provides a final allocation based on factors provided in the funding guidance. No specific form is required for submission of request. Award Procedure: EPA regional offices will negotiate and enter into a single cooperative agreement with interested states or tribes. States and tribes may distribute these funds among the appropriate state and tribal agencies to meet their specific needs within their state or tribal agency structures. At least annually, the regional offices must verify that a public record as described above exists for each of the state or tribal response programs that are receiving funding. Deadlines: Contact the headquarters or regional office, as appropriate, for application deadlines. Range of Approval/Disapproval Time: 120 days from completed negotiation of cooperative agreement. Appeals: Disputes will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable. Renewals: Each state and tribal cooperative agreement will be evaluated on an annual basis to ensure that the requirements to receive funding are being met. If funding is not used, it may be carried over into the next budget period. Formula and Matching Requirements: This program has no statutory formula. Matching Requirements: States and tribes are not required to provide matching funds for grants awarded under Section 128(a). However, if the state or tribe uses Section 128(a) funds to capitalize a Brownfields RLF under CERCLA 104(k)(3), a 20% cost share is required on the amount of Section 128(a) funds used to capitalize an RLF. This program has no statutory formula, but does take into account use of prior years' funding in determining future awards. This program does not have MOE requirements. Length and Time Phasing of Assistance: EPA regions will evaluate cooperative agreements annually to ensure that requirements to receive funding are being met. EPA regional offices will determine the project period for each cooperative agreement. These may be for multiple years depending on the regional office's grants policies. Each cooperative agreement must have an annual budget period tied to an annual work plan. Funds are awarded on an annual basis and may be drawn down according to regional financial processes. Method of awarding/releasing assistance: lump sum. Reports: No program reports are required. No cash reports are required. States and tribes will provide progress reports under 40 CFR 31.40, in accordance with terms and conditions of the cooperative agreement negotiated with EPA regional offices. As a minimum, state or tribal progress reports must include both a narrative discussion and performance data relating to the state's or tribe's accomplishments with Section 128(a) funding. Depending upon the activities included in the state's or tribe's scope of work, an EPA regional office may request that a progress report include other elements as described in the Grant Funding Guidance for State and Tribal Response Programs. The regional offices may also request other information be added to the progress reports, as appropriate, to properly document activities described by the cooperative agreement work plan. Expenditure information should be provided in the progress reports. Performance monitoring is in accordance with the terms and conditins of the cooperative agreement. Audits: In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. Records: In addition to the statutory public record requirement, states and tribes must comply with record keeping requirements of 40 CFR Part 31 and any applicable requirements under state and tribal laws. Recipients must keep financial records, including all documents supporting entries on accounting records and to substantiate changes in grants, available to personnel authorized to examine EPA recipients grants and cooperative agreements records. All records must be maintained until expiration of three years from the date of submission of the final expenditure report. If questions remain following the three-year period, such as those raised as a result of an audit or an on-going enforcement action, recipients must retain records until the matter is completely resolved. Account Identification: 68-0103-0-1-304. Obligations: (Project Grants) FY 08 $49,800,000; FY 09 est $49,500,000; FY 10 est $49,500,000 Range and Average of Financial Assistance: Most fiscal years range from $50,000 to $1,500,000; average approximately $500,000. For FY09, funding request are limited to a maximum of $1,500,000 per State or tribe. PROGRAM ACCOMPLISHMENTS: Fiscal Year 2008: In FY08, 110 requests for funding were received. In FY09, 120 requests for funding were received. In FY08, 107 states and tribes were able to establish and enhance their response programs as a result of funding support from this program. It is anticipated that most requestors will be funded in FY09. Fiscal Year 2009: In FY08, 110 requests for funding were received. In FY09, 120 requests for funding were received. In FY08, 107 states and tribes were able to establish and enhance their response programs as a result of funding support from this program. It is anticipated that most requestors will be funded in FY09. Fiscal Year 2010: No Current Data Available REGULATIONS, GUIDELINES, AND LITERATURE: 40 CFR Part 31; OMB Circular A-87 applies to the program. EPA anticipates that it will annually publish national Grant Funding Guidance for State and Tribal Response Programs. Fiscal Year 2008 guidance may be found at www.epa.gov/brownfields. Regional or Local Office: See Regional Agency Offices. EPA Regional Brownfields Coordinators: Region 1: Diane Kelley, Phone: 617-918-1424, Fax: 617-918-1291, kelley.diane@epa.gov: Region 2; Larry D'Andrea, Phone: 212-637-4314, Fax: 212-637-4360, dandrea.larry@epa.gov; Region 3: Tom Stolle, Phone:215-814-3129, Fax: 215-814-5518, stolle.tom@epa.gov; Region 4: Mike Norman, Phone: 404-562-8792, Fax: 404-562-8439, norman.michael@epa.gov; Region 5: Deborah Orr, Phone: 312-886-7576, Fax: 312-886-7190, orr.deborah@epa.gov; Region 6: Monica Chapa Smith, Phone:214-665-6780, Fax: 214-665-6660, smith.monica@epa.gov; Region 7: Susan Klein, Phone:913-551-7786, Fax: 913-551-8688, klein.susan@epa.gov; Region 8: Dan Heffernan, Phone:303-312-7074, Fax: 303-312-6955, heffernan.daniel@epa.gov; Region 9: Debbie Schechter, Phone: 415-972-3093, David R. Lloyd Office of Brownfields and Land Revitalization 1200 Pennsylvania Ave, NW, Washington, District of Columbia 20460 Email: lloyd.davidr@epa.gov Phone: (202) 566-2777 Website Address: http://www.epa.gov/brownfields RELATED PROGRAMS: Not Applicable. EXAMPLES OF FUNDED PROJECTS: Fiscal Year 2008: Program development activities to establish the four elements of a state or tribal response program, including conducting an inventory of brownfields sites; developing or enhancing oversight and enforcement mechanisms; establishing mechanisms to approve cleanup plans; and providing opportunities and resources for public involvement. Establishing and maintaining a public record of sites, including making information available on the Internet and maintaining and monitoring institutional controls; capitalizing an RLF for brownfields cleanup; purchasing environmental insurance; developing legislation, regulations, procedures, and guidance that would establish or enhance the administrative and legal structure of their response programs; and undertaking-site specific related activities, such as conducting assessments at selected brownfields sites and auditing completed site cleanups in states that administer a licensed site professional program. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available CRITERIA FOR SELECTING PROPOSALS: EPA will not fund this program through competitive grant solicitations. Section 128(a) funds will be allocated to eligible states and tribes in accordance with the national Grant Funding Guidance for State and Tribal Response Programs. 66.818 BROWNFIELDS ASSESSMENT AND CLEANUP COOPERATIVE AGREEMENTS FEDERAL AGENCY: Office of Solid Waste and Emergency Response, Environmental Protection Agency AUTHORIZATION: Comprehensive Environmental Response, Compensation, and Liability Act Brownfield sites are 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. The objectives of the brownfield assessment, revolving loan fund and cleanup cooperative agreements (project grants) are to provide funding: (1) to inventory, characterize, assess, and conduct planning and community involvement related to brownfield sites; (2) to capitalize a revolving loan fund (RLF) and provide subgrants to carry out cleanup activities at brownfield sites; and (3) to carry out cleanup activities at brownfield sites that are owned by the grant recipient. Funding Priority - Fiscal Year 2009: By statute, 25 percent of the funding for this program must be used for characterization, assessment, and cleanup of Brownfields sites contaminated by petroleum or petroleum products. The Agency must also give preference to statutory ranking criteria found at CERCLA 104(k)(5)(C) (see : 180 CRITERIA FOR SELECTING PROPOSALS) when evaluating applications for funding. For FY09 only, a limited number of grants will be awarded with American Recovery and Reinvestment Act funding. TYPES OF ASSISTANCE: Cooperative Agreements USES AND USE RESTRICTIONS: For site specific projects, the site must meet the definition of a brownfields site found at CERCLA 101(39). As part of the application process, EPA provides guidance to assist grant applicants in determining whether sites meet this definition. (1) The brownfields grants may be used to address sites contaminated by petroleum and hazardous substances, pollutants, or contaminants (including hazardous substances co-mingled with petroleum). (2) Brownfields assessment grant funds may be used to inventory, characterize, assess, and conduct planning and community involvement related to brownfield sites. (3) An RLF project grant recipient must use at least 60 percent of the awarded funds to capitalize and implement a revolving loan fund; an RLF project grant recipient may use no more than 40 percent of the awarded funds for cleanup subgrants and may not subgrant to itself. Revolving loan fund project grants generally are used to provide no-interest or low-interest loans for brownfields cleanups. (4) An RLF project grant recipient may use its funds to award subgrants to other eligible entities, including nonprofit organizations, for brownfields cleanups on sites owned by the subgrantee; (5) Brownfields cleanup grant funds must be used to carry out cleanup activities at brownfield sites that are owned by the grant recipient. (6) Costs incurred under CERCLA 104(k) grants or cooperative agreements may not be used for an administrative cost, penalty or fine, a Federal cost-share requirement, a response cost for which the recipient of the grant or cooperative agreement is potentially liable under CERCLA 107, or the cost of complying with a Federal law, with the exception of the costs of laws applicable to cleanup of Brownfields sites. (7) Funds made available by the Recovery Act are prohibited from uses relating to casinos and other gambling establishments, aquariums, zooz, golf courses, or swimming pools. All grants under 66.818 are awarded on a discretionary basis. For information on statutory limits on the amount of funding, see :123 Range and Average of Financial Assistance, below. Assistance agreement awards under this program may involve or relate to geospatial information. Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov. Applicant Eligibility: Eligibility for Assessment, Revolving Loan Fund, and Cleanup Grants: a general purpose unit of local government; a land clearance authority or other quasi-governmental entity that operates under the supervision and control of, or as an agent of, a general purpose unit of local government; a government entity created by a State legislature; a regional council or group of general purpose units of local government; a redevelopment agency that is chartered or otherwise sanctioned by a State; a State; an Indian Tribe other than in Alaska; an Alaska Native Regional Corporation, Alaska Native Village Corporation and the Metlakatla Indian Community. Nonprofit organizations that own the property are also eligible for cleanup grants. Nonprofit organizations must meet the definition of that term in Section 4(6) of the Federal Financial Assistance Management Improvement Act of 1999, Public Law 96-107, 31 U.S.C. 6101 (Note: Under this definition, colleges, universities, and community colleges are eligible to apply.) However, nonprofit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act of 1995 are not eligible to apply. For profit organizations are not eligible to apply for direct funding from EPA. However, for profit organizations may apply for loans made by eligible entities with RLF capitalization grants. For certain competitive funding opportunities under this CFDA description, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency's Assistance Agreement Competition Policy. Beneficiary Eligibility: Generally, those eligible entities identified above will benefit from the brownfields grant actions. Specifically, individuals and commercial organizations in brownfields grant communities will benefit from brownfields assessment, cleanup, and revitalization funding. New strategies for promoting environmental cleanup lessons from these grants will provide a growing base of information and knowledge for other communities across the country seeking partnerships with stakeholders to coordinate issues related to brownfields and leverage additional opportunities for redevelopment. Credentials/Documentation: EPA may require that nonprofit organizations or eligible entities other than states, tribes, or general purpose units of local government provide documentation of eligibility. EPA may also require that applicants provide site specific information to determine whether a site qualifies as a Brownfields site under CERCLA 101(39). OMB Circular No. A-87 applies to this program. Preapplication Coordination: Regarding pre-application/pre-proposal assistance with respect to competitive funding opportunities under this program description, EPA will generally specify the nature of the pre-application/pre-proposal assistance, if any, that will be available to applicants in the competitive announcement. For additional information, contact the individual(s) listed as "Information Contacts" or see Appendix IV of the Catalog. Environmental impact information is not required for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. Application Procedures: OMB Circular No. A-102 applies to this program. OMB Circular No. A-110 applies to this program. This is a competitive grant program. EPA guidelines for Requests for Proposals or Requests for Applications will specify application procedures. For EPA Regional Office contacts, see Appendix IV of the Catalog. EPA requires final applications to be made on Standard Form 424. Requests for application kits must be submitted to the Environmental Protection Agency, Grants and Interagency Agreements Management Division, 3903R, Washington, DC 20460 or through the appropriate EPA Regional Office listed in Appendix IV of the Catalog. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. Award Procedure: This is a competitive grant program. EPA guidelines for Requests for Proposals or Requests for Applications will specify award procedures. For EPA Regional Office contacts, see Appendix IV of the Catalog. For competitive awards, EPA will review and evaluate applications, proposals, and/or submissions in accordance with the terms, conditions, and criteria stated in the competitive announcement. Competitions will be conducted in accordance with EPA policies/regulations for competing assistance agreements. For the Recovery Act funding, EPA will award spearate cooperative agreements. To expedite the award of ARRA cooperative agreements, awards may be made on partial workplans. In these cases, the award must include a condition requiring submission of a full workplan within a specified time period. Deadlines: Contact the headquarters or regional office, as appropriate, for application Range of Approval/Disapproval Time: Appeals: Assistance agreement competition-related disputes will be resolved in accordance with the dispute resolution procedures published in 70 FR 3629, 3630 (January 26, 2005). Copies of these procedures may also be requested by contacting the individual(s) listed as "Information Contacts." Disputes relating to matters other than the competitive selection of recipients will be resolved under 40 CFR 30.63 or 40 CFR 31.70, as applicable. Renewals: Recipients of RLF grants may apply for additional funding on a non-competitive basis during any year after the first year the recipient receives an RLF grant. To seek additional funding, RLF grant recipients should contact their EPA Regional Office. In awarding this additional funding the Agency will consider: (1) the number of sites and number of communities that are addressed by the revolving loan fund; (II) the demand for funding by eligible entities that have not previously received an RLF grant; (III) the demonstrated ability of the eligible entity to use the revolving loan fund to enhance remediation and provide funds on a continuing basis; and (IV) Other similar factors, including the availability of funds and the recipient's performance history. Recipients of assessment and cleanup grants generally do not receive additional funding on a non-competitive basis. Formula and Matching Requirements: This program has no statutory formula. Matching Requirements: This program has no statutory formula. Matching requirements are not applicable for brownfield assessment grants. Under CERCLA 104(k)(9)(B)(iii) revolving loan fund and cleanup grants require a 20 percent cost share, which may be in the form of a contribution of money, labor, material, or services, and must be for eligible and allowable costs. An RLF or cleanup grant applicant may request a waiver of the 20 percent cost share requirement based on financial hardship. In fiscal year 2009 only, the 20 percent cost share requirement is waived for cleanup and revolving loan fund grants receiving funding under the American Recovery and Reinvestment Act (ARRA). This program does not have MOE requirements. Length and Time Phasing of Assistance: The performance period for brownfields assessment and cleanup grant funds is three years. The performance period for brownfields revolving loan fund grants is generally five years. Grants are generally announced nationally and awarded by EPA Regional Offices. The Regional Offices work with the applicants to negotiate a workplan and award the cooperative agreement. Method of awarding/releasing assistance: lump sum. Reports: No program reports are required. No cash reports are required. Quarterly progress reports, property profiles, notification of significant development, property inventory reports, procurement reports, a final report and financial reports may be required if authorized by 40 CFR Parts 30 and 31. No expenditure reports are required. Performance monitoring is in accordance with the terms and conditions of the cooperative agreement. Audits: In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. Records: Record Retention Requirements of 40 CFR Part 30 (non-profits and universities) and 40 CFR Part 31 (governmental units) are applicable, depending upon the identity of the recipient and the program funded. Account Identification: 68-0103-0-1-304. Obligations: (Cooperative Agreements) FY 08 $74,000,000; FY 09 est $111,900,000; FY 10 est $84,000,000 - FY 08 $74 million; FY 09 $111.9 million (this includes $37.3 million in ARRA funding). An estimated $84 million will be available in FY2010. Range and Average of Financial Assistance: Range and Average of Financial Assistance: (1) For assessment grants, an eligible entity may apply for up to $200,000 to address sites contaminated by hazardous substances, pollutants, or contaminants (including hazardous substances co-mingled with petroleum) and up to $200,000 to address sites contaminated by petroleum;, most applicants receive this amount. Applicants may request a waiver of the $200,000 limit up to $350,000 for sites contaminated by hazardous substances, pollutants, or contaminants (including hazardous substances co-mingled with petroleum) and up to $350,000 to address sites contaminated by petroleum. Waiver requests must be based on the anticipated level of contamination, size, or ownership status of the site. These limits are mandatory under CERCLA 104(k)(4)(A). (2) For revolving loan fund grants, an eligible entity may apply for up to $1,000,000 for an initial RLF grant. This limit is mandatory under CERCLA 104(k)(4)(A). In addition, coalitions of eligible entities may apply together under one recipient for up to $1,000,000 per eligible entity. (3) For cleanup grants, an eligible entity may apply for up to $200,000 per site. The $200,000 per site limit is mandatory under CERCLA 104(k)(3)(A). Approximate average financial assistance is $200,000 for cleanup grants, $200,000 for assessment grants and $1 million per entity for revolving loan fund grants. PROGRAM ACCOMPLISHMENTS: Fiscal Year 2008: This grant program replaced CFDA 66.811 in FY2003. EPA's brownfields assistance has led to more than $12.9 billion in public and private investment in cleanup and redevelopment, helped create more than 53,000 jobs, and resulted in the assessment of more than 13,000 properties and the cleanup of more than 300 properties. In Fiscal Year 2009, EPA announced 389 grants, totaling $111.9 million in combined Recovery Act and Brownfields general funding. These included: a.) 104 assessment grants at $25.8 million Recovery Act funding and 149 assessment grants at $41 million general program funding, to assess and plan for eventual cleanup at one or more brownfield sites; b.) 39 cleanup grants totaling $7.5 million Recovery Act funding and 77 cleanup grants at $15 million general program funding, for recipients to clean up brownfield sites they own; and c.) 3 revolving loan fund grants totaling $4 million Recovery Act funding and 17 rlf grants at $18.6 million general program funding, which communities use to make low interest loans for the cleanup of brownfield sites. Fiscal Year 2009: This grant program replaced CFDA 66.811 in FY2003. EPA's brownfields assistance has led to more than $12.9 billion in public and private investment in cleanup and redevelopment, helped create more than 53,000 jobs, and resulted in the assessment of more than 13,000 properties and the cleanup of more than 300 properties. In Fiscal Year 2009, EPA announced 389 grants, totaling $111.9 million in combined Recovery Act and Brownfields general funding. These included: a.) 104 assessment grants at $25.8 million Recovery Act funding and 149 assessment grants at $41 million general program funding, to assess and plan for eventual cleanup at one or more brownfield sites; b.) 39 cleanup grants totaling $7.5 million Recovery Act funding and 77 cleanup grants at $15 million general program funding, for recipients to clean up brownfield sites they own; and c.) 3 revolving loan fund grants totaling $4 million Recovery Act funding and 17 rlf grants at $18.6 million general program funding, which communities use to make low interest loans for the cleanup of brownfield sites. Fiscal Year 2010: No Current Data Available REGULATIONS, GUIDELINES, AND LITERATURE: For brownfields assessment, revolving loan fund, and cleanup grants, costs will be determined in accordance with OMB Circular No. A-87 for State, tribal, and local governments or A-122 for nonprofit organizations, and OMB Circular A-21 for universities. Recipients must comply with 40 CFR Part 30 (nonprofit organizations) or 40 CFR Part 31 (governmental entities). The Agency will periodically publish guidance for brownfields grant proposals. Regional or Local Office: See Regional Agency Offices. Regional Brownfields Coordinators: EPA Region 1,New England, Diane Kelley, One Congress Street (HBT), Boston, MA 02114-2023, Phone (617) 918-1424, Fax (617) 918-1291, Kelley.Diane@epa.gov; EPA Region 2, Larry D'Andrea, 290 Broadway, 18th Floor, New York, NY 10007, Phone (212) 637-4314, Fax (212) 637-4360, torres.ramon@epa.gov; EPA Region 3, Tom Stolle, 1650 Arch Street, Philadelphia, Pennsylvania 19103, Phone (215) 814-3129, Fax (215) 814-5518, stolle.tom@epa.gov; EPA Region 4, Mike Norman, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, Waste Management Division, Brownfields/State Support Section, Atlanta, GA 30303, Phone (404) 562- 8792, Fax (404) 562-8628, norman.michael@epa.gov; EPA Region 5, Deborah Orr,77 West Jackson Boulevard, Chicago, Illinois 60604-3507,Phone (312) 886-7576, Fax (312) 886-7190,orr.deborah@epa.gov; EPA Region 6, Monica Chapa Smith, First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Suite 1200 (6SF-PB, Dallas, Texas 75202-2733, Phone (214) 665-6780, Fax (214) 665-6660, smith.monica@epa.gov; EPA Region 7, Susan Klein, 901 N. 5th Street, Kansas City, Kansas 66101, Phone (913) 551-7786, Fax (913) 551-8688, klein.susan@epa.gov; EPA Region 8, Dan Heffernan, 1595 Wynkoop Street (EPR-B), Denver, Colorado 80202-1129, Phone (303) 312-7074, Fax (303) 312-6067, heffernan.daniel@epa.gov; EPA Region 9, Debbie Schechter, 75 Hawthorne Street, SFD 1-1, San Francisco, California 94105, Phone (415) 972-3093, Fax (415) 947-3520, schechter.debbie@epa.gov; EPA Region 10, Susan Morales, 1200 Sixth Avenue, Seattle, Washington 98101, Phone (206) 553-7299, Fax (206) 553-0124, morales.susan@epa.gov. Headquarters Office: David Lloyd Office of Brownfields and Land Revitalization |