Presented by : Nuria Mu ñ iz USEPA Region 9 Brownfields Program

1. EPA BROWNFIELDS GRANT PROGRAM Presented by: Nuria Muñiz USEPA Region 9 Brownfields Program

2. Today’s Discussion • What are Brownfields • Do you have a Brownfields Site in your community? • Available Funds • Answer your Questions

3. What is a Brownfield Site? Property where the reuse “may be” complicated by the presence of hazardous substance or petroleum products

4. Brownfield Sites includemine scarred lands & illegal drug labs

5. Why are Brownfields Perceived as a Problem? • Environmental risks • Create Blight (illegal dumping) • Harbor crime • Unknown or uncooperative owners • Often the site is not paying taxes • Dilapidated and aging infrastructure

6. Is This a Brownfields Site?

7. Why Developers Shun 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

8. Federal 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).

9. Opportunities 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

10. EPA Brownfields Funds Assessment RLF & Cleanup Grants 128(a) State & Tribal Response Program Targeted Assessments Job Training Grants

11. Steps to Brownfields Reuse Site Discovery Assessment Planning Cleanup Redevelopment

12. Competitive Grants • Assessment • Cleanup • Revolving Loan Fund Grants address sites contaminated with Hazardous Substances or Petroleum

13. Hazardous 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

14. Petroleum Sites • Examples: • AbandonedGas Stations • Underground Storage Tanks *Includes sites with BTEX

15. Assessment Grants • Create Inventory • Phase I & Phase II assessments • Reuse and cleanup plans • Community outreach • 3-year grant term

16. Community Wide Grant Site-Specific Grant

17. Assessment Grant Funding

18. Cleanup Grants Phase II underway or completed Sole site ownership required by6/30/08 Perform site cleanup Confirmatory sampling 3-year grant term

19. Cleanup Grant Funding

20. 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

21. RLF Funding

22. Assessment Type of Applicant Cleanup RLF X X X Local Governments Land Clearance Authority; Quasi-governmental entity OR General purpose unit of local government X X X Government Entity Created by State Legislature X X X X X X Regional Council or group of General Purpose Units of Local Government X X X Redevelopment Agency chartered or sanctioned by a state X X X State X Indian Tribe other than in Alaska X X X Nonprofit organizations Applicant Eligibility

23. Applicant Eligibility • For-profit entities cannot apply for grants (but can borrow from an RLF grantee) • Non profits can apply only for cleanup grants (or borrow from an RLF grantee)

24. Approximate Timeline • July 2007: New guidelines available • Oct 12, 2007: PROPOSALS DUE • Apr - May 2008: Proposals Selected • March 2008: Awards Announced • April - June 2008: Work plans and grant paperwork submitted • Jul - Oct 2008: Funds Available

25. Website and Listserve http://www.epa.gov/brownfields/ To view the Request For Proposals (RFP) announcement, click on:Office of Solid Waste and Emergency Response's Grants and Funding Web http://www.epa.gov/oswer/docs/grants/epa-oswer-obcr-07-01.pdf

26. Identify Eligible Sites • Is it a Brownfields Site? • Real Property ? • Do you believe the site is contaminated? • What are the contaminants? Hazardous: solvents, pesticides, metals, drugs, mine tailings, radionuclides, etc. OR Petroleum: gasoline, diesel, motor oil • What are the impediments for reuse?

27. 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)

28. Site Eligibility Considerations(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

29. Site Eligibility Considerations(site-specific) • Who Contaminated it? • If Applicant in most cases not eligible • Is there another Party? • What happened on the property after acquisition? • Property Vacant / fenced • Leased to operator

30. 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?

31. 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 Targeted Brownfields Assessments (TBA) * No funds - only services provided

32. Contact and information http://www.epa.gov/brownfields For more information: Nuria Muñiz (415) 972-3811 Carolyn Douglas(415) 972-3092 Douglas.Carolyn@epa.gov