State and Tribal Response Program Grants

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 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 Section 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. Additional funding for the CERCLA 128(a) Grants was authorized by the Infrastructure Investment and Jobs Act (IIJA). Data from grant recipients is collected within the Assessment, Cleanup and Redevelopment Exchange System (ACRES) and used to demonstrate successful implementation of the 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). Certain projects (i.e., primarily cleanup projects) are subject to the Buy America Sourcing requirements under the Build America, Buy America (BABA) provisions IIJA (P.L. 117-58, §§ 70911-70917) when using funds for the purchase of goods, products, and materials on any form of construction, alteration, maintenance, or repair of infrastructure in the United States. The Buy America preference requirement applies to all of the iron and steel, manufactured products, and construction materials used for an infrastructure project under an award identified in EPA’s financial assistance funding programs subject to BABA report. In FY 2025, 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 CERCLA 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 hindered in funding distributions if their workplan includes activities that enhance the four elements. States with Voluntary Cleanup Program Memorandum of Agreement will not be prejudiced in funding distributions if their workplan 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 brownfield sites. (4) Funding for environmental insurance mechanisms. (5) Funding to capitalize brownfield RLFs. In addition, pursuant to CERCLA 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 42 U.S. Code Section 9604(k)(7)(A). The maximum amount per technical assistance grant is $20,000.

Applications will be accepted from either eligible governmental entities as defined in CERCLA Section 104(k)(1) or eligible nonprofit organizations as defined in 2 CFR 200.1 depending upon the type of grant. Eligibility for Multipurpose, 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; a Federally recognized Indian Tribe other than in Alaska; an Alaska Native Regional Corporation, Alaska Native Village Corporation and the Metlakatla Indian Community. Intertribal consortia, except consortia comprised of ineligible Alaskan tribes; an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; a limited liability corporation in which all managing members are organizations or limited liability corporations whose sole members are organizations described in subparagraph organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; or a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986. Other nonprofit organizations that do not have 501(c)(3) tax exempt status are also eligible for Cleanup Grants. For the purposes of the Brownfields Grant Program, the term “other nonprofit organization” consistent with 2 CFR 200.70 means any corporation, trust, association, cooperative, or other organization that is operated mainly for scientific, educational, service, charitable, or similar purpose in the public interest and is not organized primarily for profit; and uses net proceeds to maintain, improve, or expand the operation of the organization. The term includes nonprofit institutions of higher education. 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 certain competitive funding opportunities under this assistance listing, the Agency may limit eligibility to compete to a number or subset of eligible applicants consistent with the Agency’s Assistance Agreement Competition Policy.

Issuing office will provide location of application procedure details as appropriate.

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 CERCLA 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 received, 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 workplans with states and tribes and states and tribes will submit applications through Grants.gov.

Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through Grants.gov.

For non-competitive awards made under this assistance listing, EPA will conduct an administrative evaluation to determine the adequacy of the application in relation to grant regulations and to technical and program evaluation to determine the merit and relevance of the project. The Agency will then advise the applicant if funding is being considered. EPA will then negotiate a final workplan with the applicant. EPA regional offices will negotiate and enter into a 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.

Approximately 90 days are required for the application request to be approved or disapproved.