Petroleum Brownfields
INFORMA TION SHEET
INTRODUCTION
On January 11, 2002, President George W. Bush
signed into law the "Small Business Liability Relief
and Brownfields Revitalization Act" (Public Law
107-118). This law gives communities across the
country the tools they need to reclaim and restore
thousands of Brownfields sites, including
petroleum-contaminated sites.
GRANT PROPOSAL GUIDELINES
Grant proposal guidelines have been published; see
"Proposal Guidelines for Assessment, Revolving
Loan Fund, and Cleanup Grants, " EPA-500-F-02-
142, October 2002. The due date for proposal
submission is December 16, 2002.
THE NEW BROWNFIELDS LAW
The new Brownfields Law allows EPA to award
Brownfields grant funds for activities at
petroleum-contaminated sites that:
EPA or the state determines are of
"relatively low-risk" compared with other
petroleum-contaminated sites in the state; and
EPA or the state determines have no
viable responsible party and which will be
assessed, investigated, or cleaned up by a person
that is not potentially liable for cleaning up the
site.
In addition, petroleum-contaminated sites must
not be subject to a corrective action order under a
Resource Conservation and Recovery Act
(RCRA) §9003 (h) order.
PETROLEUM BROWNFIELDS SNAPSHOT
Date of New Law: January 11, 2002
Grants for: Assessment, revolving loan fund,
cleanup,
and job training
Grant Proposal Due Date: December 16,
2002
Definition of a Brownfields Site: "...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."
Additional Areas Now Specifically Eligible
for Funding: Sites contaminated by petroleum
and petroleum products
Contacts and Information:
U.S. Environmental Protection Agency (EPA)
Office of Underground Storage Tanks (OUST)
Washington, DC 20460
(703) 603-9900
Visit the EPA OUST website at:
http://www.epa.gov/oust/
Visit the EPA Brownfields website at:
www.epa.gov/brownfields for further
information, including specific EPA Brownfields
(more)
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OTHER PROVISIONS OF THE NEW LAW
Expands eligibility for Brownfields
funding by broadening the entities
eligible for funding for assessment,
cleanup, and job training grants.
Includes as eligible entities for funding:
General purpose units of local
government;
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;
Governmental entity created by a state
legislature;
Regional council or group of general
purpose units of local government;
Redevelopment agency that is chartered
or otherwise sanctioned by a state;
State;
Indian tribe other than Alaska; and
Alaskan Native Regional Corporation,
Native Village Corporation, and
Metlakatla Indian Community.
NOTE: Nonprofit organizations may
apply for cleanup grants.
Defines a Brownfields site broadly, but
excludes certain sites from funding
eligibility unless EPA makes a property-
specific determination to fund.
Requires a 20 percent cost share for
revolving loan fund and cleanup grants.
Specifies grant funds cannot be used for
administrative costs.
PETROLEUM SITE ELIGIBILITY
DETERMINATIONS FOR GRANT FUNDING
To demonstrate to EPA that a petroleum-
contaminated site is eligible for grant funding,
you may:
Contact a state petroleum program
official; and
Discuss and resolve the eligibility of a
site as a:
petroleum-contaminated site that would
be a "relatively low-risk" site compared
to all of the other petroleum sites in the
state, and
petroleum- contaminated site for which
there is no viable responsible party and
which will be assessed, investigated, or
cleaned up by a person that is not
potentially liable for cleaning up the
site.
Document the discussion in the grant
application (the part that requires a
description of the site) by identifying :
the state petroleum program official
contacted;
the date of the contact;
the telephone number and address of
the contact;
a summary of your discussion to
reach the above determinations;
AND/OR
any documentation provided to you
by the state.
EPA may seek further clarification
from the grant applicant or the state.
If eligibility information is not
provided in the proposal, EPA may
contact the state for such a
determination of eligibility. In other
words, the absence of this information
is not per se a disqualification of the
applicant.
EPA will make determinations of site
eligibility for sites on Indian tribal
lands.
NOTE: If the application is NOT site
specific, this process, or something that
achieves a similar result, must be
engaged in before EPA will approve a
grant recipient's cleanup or assessment
activities on a particular petroleum-
contaminated site.
For further information , see pages 18, 22, and
25 of the "Proposal Guidelines for Assessment,
Revolving Loan Fund, and Cleanup Grants, "
EPA-500-F-02-142, October 2002,
www.epa.gov/brownfields/applicat.htmtfpg.
Solid Waste and
Emergency Response
(5401 G)
EPA-510-
F-02-019
Novembe
r 2002
www.ep
a.gov/ous
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