State and Tribal Response Program Grants

 

The primary objectives of EPA's CERCLA Section 128(a) State and Tribal Response Program grants are to provide financial support to States, US Territories, and Tribal Nations to (1) establish or enhance the four statutory elements of an effective state or Tribal response program, as specified in CERCLA Section 128(a)(2), (2) 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, and (3) conduct a limited number of brownfield site assessments or cleanups that will help establish or enhance the state or Tribal Nations response program. In addition, the CERCLA Section 128(a) grant program provides technical assistance funding for training and research to small communities, Indian tribes, rural communities, and disadvantaged areas as defined in CERCLA Section 128(a)(1)(B)(III)(iv). In FY 2024, 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 in Section 128(b)(1)(C), 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. In addition, pursuant to Section 128(a)(1)(B)(ii)(III), the program will allocate up to $1.5 M of CERCLA 104(k) funding for technical assistance grants to small communities, Indian tribes, rural areas, or disadvantaged areas to carry out activities described in Section 9604(k)(7)(A). The maximum amount per technical assistance grant is $20,000.

Active 66.817 Environmental Protection Agency A - Formula Grants Not applicable. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 128(a) & Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, Public Law - States (as defined in CERCLA Section 101(27), Indian Tribes (as defined in CERCLA Section 101(36)), and Intertribal consortia (as defined in the Federal Register Notice at 67 FR 67181, Nov. 4, 2002) 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. Not applicable. 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. Preapplication coordination is required. 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. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Generally, in the early fall timeframe, the Brownfields Office issues an annual Funding Guidance that provides the due date and information that should be submitted to request Section 128(a) funds. States and Tribal Nations must submit their annual funding requests, with all necessary documentation, to the appropriate EPA regional office. Once initial requests are submitted, EPA headquarters consolidates requests and provides a final allocation based on factors provided in the Funding Guidance. When final allocation decisions are made, regions will negotiate final work plans with states and tribes and applications are submitted through Grants.gov. Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through Grants.gov. 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. Contact the headquarters or regional office, as appropriate, for application deadlines. Generally, in the early fall timeframe, the Brownfields Office issues an annual Funding Guidance that provides the due date and information that should be submitted to request Section 128(a) funds. Interested States and Tribal Nations can also consult the Brownfields website for grant solicitation information at https://www.epa.gov/brownfields/solicitations-brownfield-grants. From 90 to 120 days. Approximately 90 days are required for the application request to be approved or disapproved. Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable. 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. EPA will not fund this program through competitive grant announcement. 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. The primary objectives of EPA's CERCLA Section 128(a) State and Tribal Response Program grants are to provide financial support to States, US Territories, and Tribal Nations to (1) establish or enhance the four statutory elements of an effective state or Tribal response program, as specified in CERCLA Section 128(a)(2), (2) 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, and (3) conduct a limited number of brownfield site assessments or cleanups that will help establish or enhance the state or Tribal Nation’s response program. "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). In addition, states and tribes may provide technical assistance, training and research to small communities and or disadvantaged areas as defined in Section 128(a)(1)(B)(III)(iv). Performance Reports: Performance monitoring is in accordance with the terms and conditions of the cooperative agreement. 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. 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. Recipients must maintain all records until 3 years from the date of submission of final expenditure reports as required by 2 CFR 200.334. If questions, such as those raised because of audits remain following the 3-year period, recipients must retain records until the matter is completely resolved. Statutory formula is not applicable to this assistance listing.

Matching is voluntary. 20%. 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 Revolving Loan Fund (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.

MOE requirements are not applicable to this assistance listing. 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. This assistance is generally awarded lump sum. See Regional Assistance Locations. REGIONAL STATE AND TRIBAL BROWNFIELDS CONTACTS: Region 1 CT, ME, MA, NH, RI, VT AmyJean McKeown 5 Post Office Square, Suite 100 (OSRR07-2) Boston, MA 02109-3912 Phone (617) 918-1248 Fax (617) 918-1294 mckeown.amyjean@epa.gov Region 2 NJ, NY, PR, VI Terry Wesley 290 Broadway, 25th Floor New York, NY 10007-1866 Phone (212) 637-5027 wesley.terry@epa.gov Region 3 DE, DC, MD, PA, VA, WV Mike Taurino 1650 Arch Street (3HS51) Philadelphia, PA 19103 Phone (215) 814-3371 Fax (215) 814-3274 taurino.michael@epa.gov Region 4 AL, FL, GA, KY, MS, NC, SC, TN Sara Janovitz 61 Forsyth Street, S.W, 10TH FL (9T25) Atlanta, GA 30303-8960 Phone (404) 562-9870 Fax (404) 562-8788 janovitz.sara@epa.gov Region 5 IL, IN, MI, MN, OH, WI Keary Cragan 77 West Jackson Boulevard (SB-5J) Chicago, IL 60604-3507 Phone (312) 353-5669 Fax (312) 692-2161 cragan.keary@epa.gov Rosita Clarke 77 West Jackson Boulevard (SB-5J) Chicago, IL 60604-3507 Phone (312) 886-7251 Fax (312) 697-2075 clarke.rosita@epa.gov Region 6 AR, LA, NM, OK, TX Ana Esquivel 1201 Elm Street, Suite 500 Dallas, Texas 75270-2102 Phone (214) 665-3163 Fax (214) 665-6660 esquivel.ana@epa.gov Elizabeth Reyes 1201 Elm Street, Suite 500 Dallas, Texas 75270-2102 Phone (214) 665-2194 Fax (214) 665-6660 reyes.elizabeth@epa.gov Region 7 IA, KS, MO, NE Susan Klein 11201 Renner Boulevard (LCRD/BSPR) Lenexa, KS 66219 Phone (913) 551-7786 klein.susan@epa.gov Jennifer Morris 11201 Renner Boulevard ((LCRD/BSPR) Lenexa, KS 66219 Phone (913) 551-7341 morris.jennifer@epa.gov Region 8 CO, MT, ND, SD, UT, WY Christina Wilson 1595 Wynkoop Street (8LCR-BR) Denver, CO 80202-1129 Phone (303) 312-6706 wilson.christina@epa.gov Melisa Devincenzi 1595 Wynkoop Street (8LCR-BR) Denver, CO 80202-1129 Phone (303) 312-6377 devincenzi.melisa@epa.gov Region 9 AZ, CA, HI, NV, AS, GU, MP Jose Garcia, Jr. 600 Wilshire Blvd, Suite 1460 Los Angeles, CA 90017 Phone (213) 244-1811 Fax (213) 244-1850 garcia.jose@epa.gov Region 10 AK, ID, OR, WA Madison Sanders-Curry 1200 Sixth Ave, Suite 155 (mail code 15-H04) Seattle, WA 98101 Phone (206 553-1889 Fax 206 553-8581 sanders-curry.madison@epa.gov. Melissa Papasavvas
Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W. (Mail Code: 5105T)
Washington, DC 20460 US
Papasavvas.Melissa@epa.gov
Phone: 202-566-0435 https://www.epa.gov/brownfields/state-and-tribal-response-program-grants 68-0103-0-1-304 (Formula Grants (Cooperative Agreements)) FY 22$47,000,000.00; FY 23 est $48,000,000.00; FY 24 est $48,000,000.00; FY 21$50,000,000.00; FY 19$50,000,000.00; FY 20 est $50,000,000.00; FY 18$33,600,000.00; FY 17$46,917,000.00; FY 16$47,311,000.00; - (Annual Appropriation)(Formula Grants (Cooperative Agreements)) FY 22$58,000,000.00; FY 23 est $58,000,000.00; FY 24 est $58,000,000.00; FY 21$0.00; - (IIJA Funding) Most fiscal years range from $50,000 to $1,000,000; average approximately $450,000. 2 CFR 200 and 1500 (EPA Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards); 40 CFR Part 33 (Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs); 40 CFR Part 35 SubPart A (Environmental Program Grants) or SubPart B (Environmental Program Grants for Tribes). EPA anticipates that it will annually publish national Grant Funding Guidance for State and Tribal Response Programs. For reference, the Fiscal Year 2022 guidance may be found at: https://www.epa.gov/brownfields/funding-guidance-state-and-tribal-response-programs-fiscal-year-2022. Fiscal Year 2016 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 2023 Section 128(a) funds are used for a variety of activities that establish or enhance State or Tribal response programs, such as developing inventories of brownfield sites, educating communities about the value of protecting and restoring tribal natural resources and community health, creating or updating the public record, drafting environmental codes and ordinances, or limited site assessments or cleanups at brownfield sites. For other examples of how funding might be used under this assistance listing, please visit: https://www.epa.gov/brownfields/state-and-tribal-response-program-grants and https://www.epa.gov/brownfields/highlights-about-state-and-tribal-brownfields-response-programs.