United States
Environmental Protection
Agency
Office of Brownfields
and Land Revitalization
(5150T)
EPA-560-F-21-200
October 2021
Funding Guidance for State and Tribal Response Programs Fiscal Year 2022
Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as
amended,1 authorizes a noncompetitive $50 million grant program to establish or enhance state2 and tribal3
response programs. These CERCLA Section 128(a) response program grants (hereinafter referred to as "Section
128(a)") are funded with categorical4 State and Tribal Assistance Grant ("STAG") appropriations. Section
128(a) cooperative agreements are awarded and administered by the U.S. Environmental Protection Agency
("EPA") regional offices.
The Catalogue of Federal Domestic Assistance (https://www.cfda.gov/) listing for Section 128(a) cooperative
agreements is 66.817. This grant program is eligible to be included in state and tribal Performance Partnership
Grants ("PPGs") under 40 CFR Part 35 Subparts A and B, with the exception of funds used to: 1) capitalize a
revolving loan fund for brownfields remediation under section 104(k)(3), 2) purchase insurance or develop a
risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a
state or tribal response program, or 3) to provide assistance under section 128(a)(I)(B)(ii)(III).
CERCLA Section 128(a)(l)(B)(ii)(III) authorizes a noncompetitive $1.5 million technical assistance grant
("Section 128(a) TAG") program to assist small communities, Indian tribes, rural areas, or disadvantaged areas
in carrying out activities described in CERCLA Section 104(k)(7). This Section 128(a) TAG funding can be
utilized for activities such as providing training, research, and technical assistance to individuals and
organizations, as appropriate, to facilitate the inventory of brownfields sites, site assessments, remediation of
brownfield sites, community involvement, or site preparation
This Funding Guidance provides information and instruction to states and tribes requesting Fiscal FY22 Section
128(a) funds.5 Guidance regarding Section 128(a) TAG funding is located in Appendix A.
For additional information, go to https://www.epa.gov/brownfields/state-and-tribal-response-program-grants.
Section 128(a) Funding Requests Highlights
•	Requests for funding will be accepted from October 1, 2021 - December 17, 2021 and should be sent to
the EPA Regional Office contact listed at the end of this guidance.
•	Requests that EPA receives after December 17, 2021 will not be considered for FY2022funding.
•	EPA will accept only one application from each eligible state or tribe.
•	Requests for funding must include the information listed in Sections VII and VIII of this guidance. States
or tribes that do not submit the request in the appropriate manner may forfeit their ability to receive funds.
1 42 USC 9628(a).
2The term "state" is defined in this document as defined in CERCLA §101(27).
3The term "Indian tribe" is defined in this document as it is defined in CERCLA §101(36). Intertribal consortia, as defined in the Federal
Register Notice at 67 FR 67181, Nov. 4, 2002, are also eligible for funding under CERCLA § 128(a).
4	Categorical grants are issued by the U.S. Congress to fund state and local governments for narrowly defined purposes.
5	The Agency may waive any provision of this guidance that is not required by statute, regulation, Executive Order or overriding Agency
policies.

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First time requestors are strongly encouraged to contact their Regional EPA Brownfields contact, listed on
the last page of this guidance, prior to submitting their funding request.
EPA will consider funding requests up to a maximum of $ 1.0 million per state or tribe for FY2022,
depending on the availability of funds.
EPA will place special emphasis on reviewing a cooperative agreement recipient's use of prior Section
128(a) funding in making allocation decisions. Unexpended balances are subject to 40 CFR 35.118 and 40
CFR 35.518 to the extent consistent with this guidance.
Once EPA makes final determinations with respect to funding requests and allocations of funds, the state or
tribe will work with the appropriate EPA regional office to negotiate a cooperative agreement, which
includes a final work plan and budget.
States and tribes requesting funds are required to provide a Dun and Bradstreet Data Universal Numbering
System ("DUNS") number with their cooperative agreement's final package. See Section IX.D.2. of this
Guidance. For more information, please visit www.grants.gov and https://fedgov.dnb.com/webform/.

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Table of Contents
I.	BACKGROUND	4
II.	ELIGIBILITY FOR FUNDING	4
III.	MATCHING FUNDS/COST-SHARE	4
IV.	THE FOUR ELEMENTS - SECTION 128(a)(2)	4
V.	PUBLIC RECORD REQUIREMENT	6
A.	Distinguishing the "survey and inventory" element from the "public record"	6
B.	Making the public record easily accessible	6
C.	Long-term maintenance of the public record	6
VI.	USE OF FUNDING	7
A.	Overview	7
B.	Uses related to establishing a state or tribal response program	7
C.	Uses related to enhancing a state or tribal response program	8
D.	Uses related to site-specific activities	8
E.	Uses related to activities at "non-brownfield" sites	11
VII.	GENERAL PROGRAMMATIC GUIDELINES FOR SECTION 128(a) GRANT FUNDING REQUESTS	11
A.	One application per state or tribe	11
B.	Maximum funding request	11
C.	Define the state or tribal response program	11
D.	Separate cooperative agreements for the capitalization ofRLFs using Section 128(a) funds	12
E.	Authority to manage a revolving loan fund program	12
F.	Section 128(a) cooperative agreements can be part of a Performance Partnership Grant (PPG)	12
G.	Project period	12
H.	Demonstrating the four elements	12
I.	Establishing and maintaining the public record	12
J. Demonstration of significant utilization of prior years' funding	13
K. Allocation system and process for distribution of funds	13
VIII.	INFORMATION TO BE SUBMITTED WITH THE FUNDING REQUEST	14
A.	Funding Requests for entities that received Section 128(a) funding in previous years	14
B.	Funding Requests for Entities that have never received CERCLA 128(a) funding	15
IX.	TERMS AND REPORTING	15
A.	Progress reports	16
B.	Reporting of program activity levels	18
C.	Reporting of public record	18
D.	Updating the State Brownfields and Voluntary Response Programs Report in ACRES	19
E.	Cooperative Agreement Award administration information	19
REGIONAL STATE AND TRIBAL BROWNFIELDS CONTACTS	21
APPENDIX A: FUNDING GUIDANCE FOR CERCLA SECTION 128(a) TECHNICAL ASSISTANCE GRANTS	22
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I. BACKGROUND
State and tribal response programs oversee assessment and cleanup activities at brownfield sites across the
country. The depth and breadth of these programs vary. Some focus on CERCLA-related activities, while others
are multi-faceted, addressing sites regulated by both CERCLA and the Resource Conservation and Recovery
Act ("RCRA"). Many states also offer accompanying financial incentive programs to spur cleanup and
redevelopment of contaminated properties. In enacting CERCLA Section 128(a),6 Congress recognized the
value of state and tribal response programs in cleaning up and reusing brownfield sites. Section 128(a)
strengthens EPA's partnerships with states and tribes and recognizes their response programs' critical role in
overseeing cleanups.
This funding is intended for states and tribes that have the required management and administrative capacity
within their government to administer a federal grant. The primary goal of this funding is to ensure that state and
tribal response programs include, or are taking reasonable steps to include, certain elements of an environmental
response program and that the program establishes and maintains a public record of sites addressed.
Subject to the availability of funds, EPA regional personnel will provide technical assistance to states and tribes
as they apply for and carry out Section 128(a) cooperative agreements.
II.	ELIGIBILITY FOR FUNDING
To be eligible for Section 128(a) funding, a state or tribe must:
1.	demonstrate that its response program includes, or is taking reasonable steps to include, the four
elements of a response program described in Section IV of this guidance; or be a party to a
voluntary response program Memorandum of Agreement ("VRP MOA") with EPA;
AND
2.	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 (see CERCLA
section 128(b)(1)(C)).
III.	MATCHING FUNDS/COST-SHARE
States and tribes are not required to provide matching funds for Section 128(a) cooperative agreements, with the
exception of Section 128(a) funds a state or tribe uses to capitalize a Brownfields Revolving Loan Fund (RLF),
for which there is a 20% cost share requirement. Section 128(a) funds used to capitalize a RLF must be operated
in accordance with CERCLA section 104(k)(3).
IV.	THE FOUR ELEMENTS - SECTION 128falf21
Section 128(a) recipients that do not have a VRP MOA with EPA must demonstrate that their response program
includes, or is taking reasonable steps to include, the four elements enumerated in Section 128(a)(2) of the
statute and described below. Achievement of the four elements should be viewed as apriority. Section 128(a) of
CERCLA authorizes funding for activities necessary to establish or enhance the four elements and to establish
and maintain the public record requirement.
The four elements of a response program are described below:
1. Timely survey and inventory of brownfield sites in state or tribal land. The goal for this element is to
enable the state or tribe to establish or enhance a system or process that will provide a reasonable
estimate of the number, likely locations, and the general characteristics of brownfield sites in their state
6Section 128(a) was added to CERCLA in 2002 by the Small Business Liability Relief and Brownfields Revitalization Act (Brownfield
Amendments).

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or tribal lands.
EPA recognizes the varied scope of state and tribal response programs and will not require states and
tribes to develop a "list" of brownfield sites. However, at a minimum, the state or tribe should develop
and/or maintain a system or process that can provide a reasonable estimate of the number, likely
location, and general characteristics of brownfield sites within their state or tribal lands. Inventories
should evolve to a prioritization of sites based on community needs, planning priorities, and protection
of human health and the environment. Inventories should be developed in direct coordination with
communities, and particular attention should focus on communities with limited capacity to compete for
and manage a competitive brownfield assessment, revolving loan, or cleanup cooperative agreement.
Given funding limitations, EPA will negotiate work plans with states and tribes to achieve this goal
efficiently and effectively and within a realistic time frame. For example, many of EPA's Brownfields
Assessment cooperative agreement recipients conduct inventories of brownfield sites in their
communities or jurisdictions. EPA encourages states and tribes to work with these cooperative
agreement recipients to obtain the information that they have gathered and include it in their survey and
inventory.
2.	Oversight and enforcement authorities or other mechanisms and resources. The goal for this element is
to have state and tribal response programs that include oversight and enforcement authorities or other
mechanisms and resources to ensure that:
a.	a response action will protect human health and the environment and be conducted in
accordance with applicable laws; and
b.	the state or tribe will complete the necessary response activities if the person conducting the
response fails to complete them (this includes operation and maintenance and/or long-term
monitoring activities).
3.	Mechanisms and resources to provide meaningful opportunities for public participation.7 The goal for
this element is to have states and tribes include in their response program mechanisms and resources for
meaningful public participation, at the local level, including, at a minimum:
a.	public access to documents and related materials that a state, tribe, or party conducting the
cleanup is relying on or developing to make cleanup decisions or conduct site activities;
b.	prior notice and opportunity for meaningful public comment on cleanup plans and site
activities, including input into the prioritization of sites; and
c.	a mechanism by which a person who is, or may be, affected by a release or threatened release
of a hazardous substance, pollutant, or contaminant at a brownfield site —located in the
community in which the person works or resides—may request that a site assessment be
conducted. The appropriate state or tribal official must consider this request and appropriately
respond.
4.	Mechanisms for approval of cleanup plans and verification and certification that cleanup is complete.
The goal for this element is to have states and tribes include in their response program mechanisms to
approve cleanup plans and to verify that response actions are complete, including a requirement for
certification or similar documentation from the state, the tribe, or a licensed site professional that the
response action is complete. Written approval by a state or tribal response program official of a
proposed cleanup plan is an example of an approval mechanism.
'States and tribes establishing this element may find useful information on public participation on the EPA's community involvement
web site at https://www. epa. gov/superfund/superfund-communitv-involvement.
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V. PUBLIC RECORD REQUIREMENT
In order to be eligible for Section 128(a) funding, states and tribes (including those with MOAs) must establish
and maintain a public record system, as described below, to enable meaningful public participation8 (refer to
Section IV.3 above). Specifically, per CERCLA Section 128(b)(1)(C), states and tribes must:
1.	maintain and update, at least annually, or more often as appropriate, a public record that includes the
name and location of sites at which response actions have been completed during the previous year;
2.	maintain and update, at least annually, or more often as appropriate, a public record that includes the
name and location of sites at which response actions are planned in the next year; and
3.	identify in the public record whether or not the site, upon completion of the response action, will be
suitable for unrestricted use. If not, the public record must identify the institutional controls relied on in
the remedy and include relevant information concerning the entity responsible for oversight, monitoring,
and/or maintenance of the institutional and engineering controls; and how the responsible entity is
implementing those activities (see Section V.C).
Section 128(a) funds may be used to maintain and make available a public record system that meets the
requirements discussed above.
A.	Distinguishing the "survey and inventory" element from the "public record"
It is important to note that the public record requirement differs from the "timely survey and inventory"
element described in the "Four Elements" section above. The public record addresses sites at which
response actions have been completed in the previous year or are planned in the upcoming year. In
contrast, the "timely survey and inventory" element, described above, refers to identifying brownfield
sites regardless of planned or completed actions.
B.	Mgking the public record egsilv gccessible
EPA's goal is to enable states and tribes to make the public record and other information, such as
information from the "survey and inventory" element, easily accessible. For this reason, EPA will allow
states and tribes to use Section 128(a) funding to make such information available to the public via the
internet or other avenues. For example, the Agency would support funding state and tribal efforts to
include detailed location information in the public record such as the street address and latitude and
longitude information for each site.9 States and tribes should ensure that all affected communities have
appropriate access to the public record by making it available on-line, in-print at libraries, or at other
community gathering places.
In an effort to reduce cooperative agreement reporting requirements and increase public access to the
public record, EPA encourages states and tribes to place their public record on the internet, if they are
able to do so. If a state or tribe places the public record on the internet, maintains the substantive
requirements of the public record, and provides EPA with the link to that site, EPA will, for purposes of
cooperative agreement funding only, deem the public record reporting requirement met.
C.	Long-term mgintengnce of the public record
EPA encourages states and tribes to maintain public record information, including data on institutional
controls, on a long-term basis (more than one year) for sites at which a response action has been
completed. Subject to EPA regional office approval, states or tribes may include development and
8	CERCLA §128(b)(l)(C).
9	For further information on data quality requirements for latitude and longitude information, please see the EPA's data standards web site
available at https://www.epa.gov/sites/production/files/2015-06/documents/latlongstandard-v2a 10022014.pdf.

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operation of systems that ensure long-term maintenance of the public record, including information on
institutional controls (such as ensuring the entity responsible for oversight, monitoring, and/or
maintenance of the institutional and engineering controls is implementing those activities) in their work
plans.10
VI. USE OF FUNDING
A.	Overview
CERCLA Section 128(a)(1)(B) says that states and tribes may use Section 128(a) funding to establish or
enhance its response program. Specifically, a state or tribe may use cooperative agreement funds to
build response programs that include the four elements outlined in Section 128(a)(2). Eligible activities
include, but are not limited to, the following:
•	developing legislation, regulations, procedures, ordinances, guidance, etc. that establish or
enhance the administrative and legal structure of a response program;
•	establishing and maintaining the required public record described in Section V of this guidance;
•	operation, maintenance and long-term monitoring of institutional controls and engineering
controls;
•	conducting site-specific activities, such as assessment or cleanup, provided such activities
establish and/or enhance the response program and are tied to the four elements. In addition to the
requirement under Section 128(a)(2)(C)(ii) to provide for public comment on cleanup plans and site
activities, EPA strongly encourages states and tribes to seek public input regarding the priority of
sites to be addressed—especially from local communities with health risks related to exposure to
hazardous waste or other public health concerns, those in economically disadvantaged or remote
areas, and those with limited experience working with government agencies. EPA will not provide
Section 128(a) funds solely for assessment or cleanup of specific brownfield sites; site-specific
activities must be part of an overall Section 128(a) work plan that includes funding for other
activities that establish or enhance the four elements;
•	capitalizing a revolving loan fund (RLF) for brownfields cleanup as authorized under CERCLA
section 104(k)(3). These RLFs are subject to the same statutory requirements and cooperative
agreement terms and conditions applicable to RLFs awarded under CERCLA section 104(k)(3).
Requirements include a 20 percent match (in the form of money, labor, material, or services from a
non-federal source) on the amount of Section 128(a) funds used for the RLF, a prohibition on using
EPA cooperative agreement funds for administrative costs relating to the RLF, and a prohibition on
using RLF loans or subgrants for response costs at a site for which the recipient may be potentially
liable under section 107 of CERCLA. Other prohibitions relevant to CERCLA section 104(k)(4)
also apply; and
•	purchasing environmental insurance or developing a risk-sharing pool, indemnity pool, or
insurance mechanism to provide financing for response actions under a state or tribal response
program.
B.	Uses related to establishing a state or tribal response program
Under Section 128(a), "establish" includes activities necessary to build the foundation for the four
elements of a state or tribal response program and the public record requirement. For example, a state
1 "States and tribes may find useful information on institutional controls on the EPA's institutional controls web site at
https://www.epa.gov/superfund/superfund-institutional-controls-guidance-and-policv .
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or tribal response program may use Section 128(a) funds to develop regulations, ordinances, procedures,
guidance, and a public record.
C.	Uses related to enhancing a state or tribal response program
Under Section 128(a), "enhancing" a state or tribal response program includes related 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 such programs.
The exact enhancement activities that may be allowable depend upon the work plan negotiated between
the EPA regional office and the state or tribe. For example, regional offices and states or tribes may
agree that Section 128(a) funds may be used for outreach and training directly related to increasing
awareness of its response program and improving the skills of program staff (training examples include
ASTM standards for conducting Limited Transaction Screens, Environmental Phase I and Phase lis). It
may also include developing better coordination and understanding of other state or tribal programs,
(e.g., programs that address RCRA or underground storage tanks (USTs)). As another example, states
and tribal response program enhancement activities can also include outreach to local communities to
increase awareness about brownfields, building a sustainable brownfields program, federal brownfields
technical assistance opportunities11 (e.g., holding workshops to assist communities in applying for
federal Brownfields grant funding, attending health fairs and cleanup days to inform individuals how to
identify hazards in their own living areas, abandoned buildings and among dumping areas), and
knowledge regarding the importance of monitoring engineering and institutional controls. Additionally,
enhancement activities can include facilitating the participation of the state and local agencies (e.g.,
transportation, water, other infrastructure) in implementation of brownfields projects. States and tribes
can also help local communities collaborate with local workforce development entities or Brownfields
Environmental Workforce Development and Job Training recipients on the assessment and cleanup of
brownfield sites.12 Other enhancement uses may be allowable as well.
D.	Uses related to site-specific activities
1. Eligible uses of funds for site-specific activities
Site-specific assessment and cleanup activities should establish and/or enhance the response
program and be tied to the four elements. Site-specific assessments and cleanups can be both
eligible and allowable if the activity is included in the work plan negotiated between the EPA
regional office and the state or tribe, but activities must comply with all applicable laws and are
subject to the following restrictions:
a. Section 128(a) funds can only be used for assessments or cleanups at sites that meet the
definition of a brownfields site at CERCLA section 101(39). EPA encourages states and
tribes to use site-specific funding to perform assessment (e.g. phase I, phase II,
supplemental assessments and cleanup planning) and cleanup activities that will expedite
the reuse and redevelopment of sites, and prioritize sites based on need.13 Furthermore,
11	EPA expects states and tribes will familiarize themselves with EPA's brownfields technical assistance opportunities for brownfields
communities. For more information on technical assistance opportunities, please visit: https://www.epa.gov/brownfields/brownfields-
technical-assistance-training-and-research.
12	For more information about EPA's Brownfields Environmental Workforce Development and Job Training Program, please visit:
https://www.epa.gov/brownfields/brownfields-iob-training-it-grants.
13	An example of prioritizing sites based on need can be focusing on environmental justice. EPA defines environmental
justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income
with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. EPA

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states and tribes that perform site-specific activities should plan to directly engage with and
involve affected communities. For example, a Community Relations Plan (CRP) could be
developed to provide reasonable notice about a planned cleanup, as well as opportunities for
the public to comment on the cleanup. States and tribes should work towards securing
additional funding for site-specific activities by leveraging resources from other sources
such as businesses, non-profit organizations, education and training providers, and/or
federal, state, tribal, and local governments;
b.	absent EPA approval, no more than $200,000 per site assessment can be funded with
Section 128(a) funds, and no more than $200,000 per site cleanup can be funded with
Section 128(a) funds;
c.	absent EPA approval, the state/tribe may not use funds awarded under this agreement to
assess and/or cleanup sites owned or operated by the recipient or held in trust by the United
States Government for the recipient; and
d.	assessments and cleanups cannot be conducted at sites where the state/tribe is a potentially
responsible party (PRP) pursuant to CERCLA section 107, except:
•	at brownfield sites contaminated by a controlled substance as defined in CERCLA
section 101 (39)(D)(ii)(I); or
•	when the recipient would satisfy all of the elements set forth in CERCLA section
101(40) to qualify as a bona fide prospective purchaser, or would satisfy all elements of
section 101(40), except where the date of acquisition of the property was on or before
January 11, 2002.
Subawards are defined at 2 CFR 200. land may not be awarded to for-profit organizations. If the
recipient plans on making any subawards under the cooperative agreement, then it becomes a pass-
through entity. As the pass-through entity, the recipient must report on its subaward monitoring
activities under 2 CFR 200.332(d). Additional reporting requirements for these activities will be
included in the cooperative agreement. In addition, subawards cannot be provided to entities that
may be potentially responsible parties (pursuant to CERCLA section 107) at the site for which the
assessment or cleanup activities are proposed to be conducted, except:
•	at brownfields sites contaminated by a controlled substance as defined in CERCLA
section 101 (3 9)(D)(ii)(I); or
•	when the recipient would satisfy all of the elements set forth in CERCLA section
101(40) to qualify as a bona fide prospective purchaser or would satisfy all elements of
CERCLA section 101(40)(D) except where the date of acquisition of the property was
on or before January 11, 2002.
2. Limitations on the amount of funds used for site-specific activities and waiver process
a. States and tribes may use Section 128(a) funds for site-specific activities that improve state
or tribal capacity. However, the amount recipients may request for site-specific assessments
and cleanups may not exceed 50% of the total amount of funding.14 In order to exceed the
has this goal for all communities and persons across the nation. Environmental justice will be achieved when everyone
enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making
process to have a healthy environment in which to live, learn, and work. For more information, please visit
https://www.epa.gov/environmentaliustice.
14 Oversight of assessment and cleanup activities performed by responsible parties (other than the state or tribe) does not
count toward the 50% limit.
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50% site-specific funding limit, a state or tribe must submit a waiver request to the EPA
Project Officer. The request must include a brief justification describing the reason(s) for
spending more than 50% of an annual allocation on site-specific activities.
b.	When requesting a waiver, an applicant must include the following information in the
written justification:
•	total amount requested for site-specific activities;
•	percentage of the site-specific activities (assuming waiver is approved) in the total
budget;
•	site-specific activities that will be covered by this funding. If known, provide site-
specific information and describe how work on each site contributes to the
development or enhancement of your state/tribal response program. Explain how the
community will be (or has been) involved in prioritization of site work and especially
those sites where there is a potential or known significant environmental impact to the
community;
•	an explanation of how this shift in funding will not negatively impact the core
programmatic capacity (i.e., the ability to establish/enhance the four required elements
of a response program) and how the core program activities will be maintained in spite
of an increase in site-specific work. Recipients must demonstrate that they have
adequate funding from other sources to effectively carry out work on the four elements
for EPA to grant a waiver of the 50% limit on using 128(a) funds for site-specific
activities; and
•	an explanation as to whether the sites to be addressed are those for which the
affected community(ies) has requested work be conducted (refer to Section VI.A
Overview of Funding for more information).
c.	EPA's Office of Brownfields and Land Revitalization will review waiver requests based on
the information in the justification and other information available to the Agency. The EPA
Project Officer will inform recipients whether the waiver is approved.
Uses related to site-specific activities at petroleum brownfield sites
States and tribes may use Section 128(a) funds for activities that establish or enhance response
programs addressing petroleum brownfield sites. Subject to the restrictions listed above (see Section
VI.D.l) for all site-specific activities, the costs of site-specific assessment and cleanup activities at
petroleum brownfield sites, as defined in CERCLA section 101 (3 9)(D)(ii)(II), are both eligible and
allowable if the activity is included in the work plan negotiated between the EPA regional office
and the state or tribe. Section 128(a) funds used to capitalize a Brownfields RLF may be used at
brownfield sites contaminated by petroleum to the extent allowed under CERCLA section
104(k)(3).
Additional Examples of Eligible Site-Svecific Activities
Other eligible uses of funds for site-specific related work include, but are not limited to, the
following activities:
•	technical assistance to federal CERCLA 104(k) brownfields cooperative agreement
recipients;
•	development and/or review of quality assurance project plans ("QAPPs"); and
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• entering data into the Assessment Cleanup and Redevelopment Exchange System
("ACRES") database.
E. Uses related to activities at "non-brownfield" sites
Other uses not specifically referenced in this guidance may also be eligible and allowable. Recipients
should consult with their EPA Project Officer for additional guidance. Costs incurred for activities at
non-brownfield sites may be eligible and allowable if such activities are included in the state's or tribe's
work plan. Direct assessment and cleanup activities may only be conducted on eligible brownfleld sites,
as defined in CERCLA Section 101(39).
VII. GENERAL PROGRAMMATIC GUIDELINES FOR SECTION 128fal GRANT
FUNDING REQUESTS
Funding authorized under Section 128(a) is awarded through a cooperative agreement15 between EPA and a
state or a tribe (the cooperative agreement recipient ("CAR")). The program administers cooperative agreements
under the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards
regulations for all entity types including states, tribes, and local governments found in the Code of Federal
Regulations (CFR) at 2 CFR Part 200 and any applicable EPA regulations at 2 CFR Part 1500, as well as
applicable provisions of 40 CFR Part 35 Subparts A and B. Under these regulations, the CAR for a Section
128(a) grant is the government to which a cooperative agreement is awarded and which is accountable for use of
the funds provided.
The CAR is the legal entity even if only a particular component of the entity is designated in the cooperative
agreement award document. Further, unexpended balances of cooperative agreement funds are subject to
restrictions under 40 CFR 35.118 and 40 CFR 35.518. EPA allocates funds to state and tribal response
programs consistent with 40 CFR 35.420 and 40 CFR 35.737.
A.	One application per state or tribe
Subject to the availability of funds, EPA regional offices will negotiate and enter into Section 128(a)
cooperative agreements with eligible and interested states or tribes. EPA will accept only one
application from each eligible state or tribe.
B.	Maximum funding request
For Fiscal Year 2022, EPA will consider funding requests up to a maximum of $1.0 million per CAR.
Please note that demand for this program continues to increase. Due to the increasing number of entities
requesting funding, it is possible that individual CAR funding amounts in FY22 will be less than FY21
individual funding amounts.
C.	Define the state or tribal response program
CARs must define in their work plan the Section 128(a) response program(s) to which the funds will be
applied and may designate a component of the state or tribe that will be EPA's primary point of contact.
When EPA funds the Section 128(a) cooperative agreement, CARs may distribute these funds among
the appropriate state and tribal agencies that are part of the Section 128(a) response program. This
distribution must be clearly outlined in their annual work plan.
15 A cooperative agreement is an agreement with a state/tribe that includes substantial involvement by the EPA on activities described in
the work plan, which may include technical assistance, collaboration on program priorities, etc.
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D.	Separate cooperative agreements for the capitalization ofRLFs using
Section 128(a) funds
If a portion of the Section 128(a) grant funds requested will be used to capitalize a revolving loan fund
for cleanup, pursuant to section 104(k)(3), two separate cooperative agreements must be awarded (i.e.,
one for the RLF and one for non-RLF uses). States and tribes must, however, submit one initial request
for funding, delineating the RLF as a proposed use. Section 128(a) funds used to capitalize an RLF are
not eligible for inclusion into a Performance Partnership Grant (PPG).
E.	Authority to mgngge g revolving lognfund progrgm
If a state or tribe chooses to use its Section 128(a) funds to capitalize a revolving loan fund program, the
state or tribe must have the lead authority to manage the program (e.g., hold funds, make loans, enter
into loan agreements, collect repayment, access and secure the site in event of an emergency or loan
default). If the agency/department listed as the point of contact for the Section 128(a) cooperative
agreement does not have this authority, it must be able to demonstrate that another agency within that
state or tribe has the authority to manage the RLF and is willing to do so.
F.	Section 128(g) coopergtive ggreements cgn be pgrtofg Performgnce
Pgrtnership Grgnt (PPG)
States and tribes may include Section 128(a) cooperative agreements in their PPG as described in 69
Fed. Reg. 51,756 (2004). Section 128(a) funds used to capitalize an RLF or purchase environmental
insurance or develop a risk sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions under a state or tribal response program are not eligible for inclusion in
the PPG.
G.	Project period
EPA regional offices will determine the project period for each cooperative agreement. These may be
for multiple years depending on the regional office's cooperative agreement policies. Notwithstanding
this potential overall structure, each cooperative agreement must have an annual budget period tied to an
annual work plan. While not prohibited, pre-award costs are subject to 40 CFR 35.113 and 40 CFR
35.513 as well as 2 CFR 200.458.
H.	Demonstrgting the four elements
As part of the annual work plan negotiation process, CARs that do not have VRP MOAs must
demonstrate that their program includes, or is taking reasonable steps to include, the four elements
described in Section IV. EPA will not fund a CAR's annual work plan if EPA determines that these
elements are not met, or reasonable progress is not being made. EPA may base this determination on
the information the CAR provides to support its work plan, on progress reports, or on EPA's review of
the CAR's response program.
/. Estgblishing gnd maintaining the public record
Prior to funding a CAR's annual work plan, EPA regional offices will verify and document that a public
record, as described in Section V and below, exists and is being maintained.16 Specifically, for:
• CARs that received initial funding prior to FY21: Requests for FY22 funds will not be accepted
from states or tribes that fail to demonstrate, by the December 17, 2021 request deadline, that
they established and are maintaining a public record. (Note, this would potentially impact any
state or tribe that had a term and condition placed on their FY21 cooperative agreement that
16 This public record requirement applies to the CAR's response program(s) that utilized the Section 128(a) funding.
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prohibited drawdown of FY21 funds prior to meeting the public record requirement). CARs in
this situation will not be prevented from drawing down their prior year funds once the public
record requirement is met; and
• CARs that received initial funding in FY 21: By the time of the actual FY 22 award, the CAR
must demonstrate that they established and maintained the public record (those states and tribes
that do not meet this requirement will have a term and condition placed on their FY22
cooperative agreement that prohibits the drawdown of FY22 funds until the public record
requirement is met).
L Demonstration of significant utilization of prior years'funding
CARs should be aware that EPA and its Congressional appropriations committees place significant
emphasis on the utilization of prior years' funding. Unused funds awarded prior to FY21 will be
considered in the allocation process. Existing balances of cooperative agreement funds, as reflected in
EPA's Financial Data Warehouse as of January 1, 2022, may result in a decreased allocation amount or,
if appropriate, the de-obligation and reallocation of prior funding by EPA Regions, as provided for in 40
CFR35.118 and 40 CFR35.518.
If a CAR places their Section 128(a) funds into a PPG, they must be able to demonstrate their progress
on the four statutory elements and the maintenance of the public record as an equivalent of
demonstrating how they utilized prior year's funding.
K. Allocation system and process for distribution of funds
After the December 17, 2021 request deadline, EPA's regional offices will submit summaries of state
and tribal requests and allocation recommendations to the Office of Brownfields and Land
Revitalization ("OBLR"). Before doing so, regional offices may take into account additional factors
when determining recommended allocation amounts. Such factors include, but are not limited to, the
depth and breadth of the state or tribal program, and scope of the perceived need for funding (e.g., size
of state or tribal jurisdiction or the proposed work plan balanced against capacity of the program,
amount of current year funding, funds remaining from prior years, etc.).
After receipt of the regional recommendations, OBLR will consolidate requests and make decisions on
the final funding allocations.
EPA regional offices will work with interested states and tribes to develop their preliminary work plans
and funding requests. Final cooperative agreement work plans and budgets will be negotiated with the
regional office once final allocation determinations are made.
The general schedule and process is illustrated below (dates are estimates and subject to change):
Oct-Dec	Jan-Feb	Mar	April-June
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VIII. INFORMATION TO BE SUBMITTED WITH THE FUNDING REQUEST
A. Funding Requests for entities that received Section 128(a) funding in previous
years
All cooperative agreement recipients ("CARs") requesting FY22 funds must submit a summary of the
planned use of Section 128(a) funds to their regional brownfields contact listed on the last page of this
guidance.
1.	Each funding request should include the following:
a.	Prepare a draft work plan and budget for your FY22 funding request. The funding requested
should be reasonably spent in one year. As early as possible in the process, the CAR should
work with their EPA Project Officer to ensure that the funding amount requested, and related
activities, are reasonable. Please also contact your regional brownfields contact or visit
https://www.epa.gov/brownfields/state-and-tribal-response-program-grant-funding-guidance-
resources for a sample draft work plan.
b.	CARs who do not have a MOA with EPA: Include in your funding request and/or draft
workplan an explanation of how your program includes, or is taking reasonable steps to include,
the four elements described in Section VI. As noted in Section VII.H. above, this demonstration
of the four elements is part of the annual work plan negotiation process.
c.	If your funds are in a PPG, your regional brownfields contact may allow for the funding request
to be submitted in an alternative format. Please contact your EPA Project Officer for more
information.
d.	In your funding request, note any un-spent funding amounts from prior years' awards. This
includes any funds that you, the CAR, have not received or drawn down in payments (i.e., funds
EPA has obligated for grants that remain in EPA's Financial Data Warehouse) and disbursed.
EPA will consider these funds in the allocation process when determining the CAR's
programmatic needs. The CAR should include a detailed explanation and justification of prior
year funds that remain in EPA's Financial Data Warehouse. The CAR should consult with the
region regarding the amount of unspent funds which require explanation to ensure they have
addressed the full amount of any remaining balance.
2.	Programmatic Capability - fOnly Include if Specifically Requested by Region1
a.	EPA Regions may request demonstration of Programmatic Capability if the returning CAR has
experienced key staff turnover or has open programmatic review findings.
b.	The CAR's corresponding EPA Region will notify returning recipients if the information below
is required; if so, it must be included with your funding request.
i.	Describe the organizational structure you will utilize to ensure sound program
management to guarantee or confirm timely and successful expenditure of funds,
and completion of all technical, administrative, and financial requirements of the
program and cooperative agreement.
ii.	Include a brief description of the key qualifications of staff to manage the response
program and/or the process you will follow to hire staff to manage the response
program. If key staff is already in place, include their roles, expertise,
qualifications, and experience.
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iii.	Discuss how this response program fits into your current environmental program(s).
If you do not have an environmental program, describe your process to develop, or
interest to start one.
iv.	Describe if you have had adverse audit findings. If you had problems with the
administration of any grants or cooperative agreements, describe how you have
corrected, or are correcting, the problems.
B. Funding Requests for Entities that have never received CERCLA 128(a) funding
All first-time requestors are strongly encouraged to contact their Regional EPA Brownfields contacts,
listed on the last page of this guidance, prior to submitting their funding request.
1.	Each fundins request should include the following:
a.	Describe your plan to establish a response program, why it is a priority for your state or tribe,
and why CERCLA 128(a) funding will be beneficial to your program. If your tribe is already
supported by a tribal consortium receiving CERCLA 128(a) funding, explain why additional
resources are necessary.
b.	Prepare a draft work plan and budget for your first funding year. The funding requested should
be reasonably spent in one year. The requestor should work, as early as possible, with their EPA
regional program contact to ensure that the funding amount requested, and related activities, are
reasonable.
c.	For budget planning purposes, it is recommended that you assume funding sufficient to support
0.5 staff to establish a response program and travel to attend regional and national trainings or
events.
d.	Please contact your regional brownfields contact or visit https://www.epa.gov/brownfields/state-
and-tribal-rcsponsc-program-grant-funding-guidancc-rcsources for sample draft work plans.
2.	Programmatic Capability.
a.	Describe the organizational structure you will utilize to ensure sound program management to
guarantee or confirm timely and successful expenditure of funds, and completion of all
technical, administrative and financial requirements of the program and cooperative agreement.
b.	Include a brief description of the key qualifications of staff to manage the response program
and/or the process you will follow to hire staff to manage the response program. If key staff is
already in place, include their roles, expertise, qualifications, and experience.
c.	Discuss how this response program fits into your current environmental program(s). If you do
not have an environmental program, describe your process to develop, or interest to start one.
d.	Describe if you have had adverse audit findings. If you had problems with the administration of
any grants or cooperative agreements, describe how you have corrected, or are correcting, the
problems.
IX. TERMS AND REPORTING
Once EPA makes final determinations with respect to funding requests and allocations of funds, the CAR will
work with the appropriate EPA regional office to negotiate a cooperative agreement, which includes a final
work plan and budget. Cooperative agreements between EPA and CARs will include programmatic and
administrative terms and conditions. These terms and conditions will describe EPA's substantial involvement,
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including technical assistance and collaboration on program development and prior approvals for site-specific
activities. Each of the subsections below summarizes the basic terms and conditions and related reporting that
will be incorporated into your cooperative agreement.
A. Progress reports
In accordance with 2 CFR 200.329 and related EPA-specific regulations, CARs must provide progress
reports meeting the terms and conditions of their negotiated cooperative agreement. CAR costs for
complying with reporting requirements are an eligible expense under the Section 128(a) cooperative
agreement. At a minimum, progress reports must include both a narrative discussion and performance
data relating to the CAR's accomplishments and environmental outputs associated with the approved
budget and work plan.
Reports must also provide an accounting of Section 128(a) funding. If applicable, the CAR must include
information on activities related to establishing or enhancing the four statutory elements of the CAR's
response program. All CARs must provide information related to establishing or, if already established,
maintaining the public record.
Depending upon the activities included in the CAR's work plan, the CAR will also need to report on the
following:
1.	Interim and final progress reports. Reports must prominently display the following information, as
reflected in the current EPA strategic plan: Strategic Plan Goal 1: Core Mission: Deliver real results
to provide Americans with clean air, land, and water, and ensure chemical safety; Strategic Plan
Objective 1.3: Revitalize Land and Prevent Contamination; and Work Plan Commitments and
Timeframes. EPA's strategic plan can be found on the internet at
http://www.epa. gov/planandbudget/strate gicplan .html.
2.	Reporting for Non-MOA states and tribes. All CARs without a VRP MOA must report activities
related to establishing or enhancing the four elements of its response program. For each element
CARs must report how they are maintaining the element or how they are taking reasonable steps to
establish or enhance the element as negotiated in individual CAR work plans. For example,
pursuant to CERCLA section 128(a)(2)(B), reports on the oversight and enforcement
authorities/mechanisms element may include a:
•	narrative description and copies of applicable documents developed or under development to
enable the response program to conduct enforcement and oversight at sites. For example:
o legal authorities and mechanisms (e.g., statutes, regulations, orders, agreements);
and
o policies and procedures to implement legal authorities; and other mechanisms;
•	description of the resources and staff allocated/to be allocated to the response program to
conduct oversight and enforcement at sites as a result of the cooperative agreement;
•	narrative description of how these authorities or other mechanisms, and resources, are
adequate to ensure that:
o a response action will protect human health and the environment; and be conducted
in accordance with applicable federal and state laws; and if the person conducting
the response action fails to complete the necessary response activities, including
operation and maintenance or long-term monitoring activities, the necessary
response activities will be completed; and
•	narrative description and copy of appropriate documents demonstrating the exercise of
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oversight and enforcement authorities by the response program at a brownfield site.
3.	Reporting for site-specific assessment or cleanup activities.
CARs with work plans that include funding for brownfield site assessment or cleanup must input
information required by the OMB-approved Property Profile Form into the ACRES database for
each site assessment and/or and cleanup.
In addition, per CERCLA Section 128(a)(2)(C)(ii), CARs must report how they will provide the
affected community with prior notice and opportunity for meaningful participation on proposed
cleanup plans and site activities. For example, EPA strongly encourages CARs to seek public input
regarding the priority of sites to be addressed and to solicit input from local communities,
communities with a health risk related to exposure to hazardous waste or other public health
concerns, economically disadvantaged or remote communities, and communities with limited
experience working with government agencies.
4.	Reporting for other site-specific activities.
CARs with work plans that include funding for other site-specific related activities must include a
description of the site-specific activities and the number of sites at which the activity was
conducted. For example, the:
•	number and frequency of oversight audits of licensed site professional certified cleanups;
•	number and frequency of state/tribal oversight audits conducted;
•	number of sites where staff conducted audits, provided technical assistance, or conducted
other oversight activities; and
•	number of staff conducting oversight audits, providing technical assistance, or conducting
other oversight activities.
5.	Reporting required when using funding for an RTF CARs with work plans that include funding for
a revolving loan fund must include the information required by the terms and conditions for
progress reporting under CERCLA section 104(k)(3) RLF cooperative agreements.
6.	Reporting environmental insurance. CARs with work plans that include funding for environmental
insurance must report the:
•	number and description of insurance policies purchased (e.g., name of insurer, type of
coverage provided, dollar limits of coverage, any buffers or deductibles, category and
identity of insured persons, premium, first dollar or umbrella, whether site specific or
blanket, occurrence or claims made, etc.);
•	number of sites covered by the insurance;
•	amount of funds spent on environmental insurance (e.g., amount dedicated to insurance
program, or to insurance premiums); and
•	amount of claims paid by insurers to policy holders.
7.	EPA Regional Office discretion to request additional information
EPA's regional offices may also request that additional information be added to the progress reports, as
appropriate, to properly document activities described by the cooperative agreement work plan. EPA
regions may allow CARs to provide performance data in appropriate electronic format.
The regional offices will forward progress reports to EPA Headquarters, if requested. This information
may be used to develop national reports on the outcomes of Section 128(a) funding to states and tribes.
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B.	Reporting of program activity levels
By December 17, 2021, CARs must report a summary of the previous federal fiscal year's work
(October 1, 2020 through September 30, 2021), known as Program Activity Levels (PALs).
EPA strongly encourages reporting this information directly in EPA's Assessment Cleanup and
Redevelopment Exchange System (ACRES) database. For a quick reference guide with detailed
instructions on how to report PALs in ACRES, and information on upcoming trainings, please see
https://www.epa.gov/brownfields/brownfields-grantee-reporting-using-assessment-cleanup-and-
redevelopment-exchange.
PALs information may also be submitted by filling out the form found at
https://www.epa.gov/brownfields/program-activitv-levels-pals-reporting-form and providing it to the
appropriate EPA regional office along with the FY22 funding request.
C.	Reporting of public record
All CARs must report information related to establishing, or if already established, maintaining a public
record, as specified in the terms and conditions of their cooperative agreement and Section VII.I of this
guidance.
To meet this reporting requirement, a CAR needs to demonstrate that the public record: a) exists, b) is
up-to-date, and c) is adequate. CARs can refer to an existing public record (e.g., website or other public
database) to meet the public record requirement
A public record must, as appropriate, include the following information:
1.	A list of sites at which response actions have been completed in the past year, including:
•	date the response action was completed;
•	site name;
•	name of owner at time of cleanup, if known;
•	location of the site (street address, and latitude and longitude);
•	whether an institutional control is in place;
•	type of institutional control(s) in place (e.g., deed restriction, zoning restriction, local
ordinance, state registries of contaminated property, deed notices, advisories, etc.);
•	nature of the contamination at the site (e.g., hazardous substances, contaminants or
pollutants, petroleum contamination, etc.); and
•	size of the site in acres.
2.	A list of sites planned to be addressed by the state or tribal response program in the coming year,
including:
•	site name and the name of owner at time of cleanup, if known;
•	location of the site (street address, and latitude and longitude);
•	to the extent known, whether an institutional control is in place;
•	type of the institutional control(s) in place (e.g., deed restriction, zoning restriction, local
ordinance, state registries of contaminated property, deed notices, advisories, etc.);
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•	to the extent known, the nature of the contamination at the site (e.g., hazardous
substances, contaminants, or pollutants, petroleum contamination, etc.); and
•	size of the site in acres.
D.	Updating the State Brownfields and Voluntary Response Programs Report in
ACRES
State CARs will have a new requirement starting in FY22. The State Brownfields and Voluntary
Response Program Report that was previously a .pdf document and published periodically17 will
now be a dynamic report in ACRES. Starting in FY22, State CARs will need to update their state
response program information in ACRES at least once a year (or more often, if appropriate), so that
EPA has accurate, up-to-date information to share with the public. EPA anticipates that this annual
update will occur when states are already in the ACRES database performing other required ACRES
updates, reducing the administrative burden.
For FY22. the new State Brownfields and Voluntary Response Programs database in ACRES will be
"live" and available for editing starting on November 1. 2021. State CARs will need to have their
updates complete by the December 17. 2021 funding request due date.
For a quick reference guide with detailed instructions on how to update your state brownfields
information in ACRES, and information on upcoming trainings, please see
https://www.epa.gov/brownfields/brownfields-grantee-reporting-using-assessment-cleanup-and-
redevelopment-exchange.
E.	Cooperative Agreement Award administration information
1. Subaward and executive compensation reporting
Applicants must ensure that they have the necessary processes and systems in place to comply with
the subaward and executive total compensation reporting requirements established under OMB
guidance at 2 CFR Part 170, unless they qualify for an exception from the requirements, should they
be selected for funding.
2. System for Award Management (SAM) and Data Universal Numbering System (DUNS)
Requirements
Unless exempt from these requirements under OMB guidance at 2 CFR Part 25_(e.g., individuals),
applicants must:
a.	Be registered in SAM prior to submitting an application or proposal under this announcement.
SAM information can be found at https ://www. sam. gov/portal/public/SAM/;
b.	Maintain an active SAM registration with current information at all times during which they
have an active federal award or an application or proposal under consideration by an agency; and
c.	Provide their DUNS number in each application or proposal submitted to the agency.
Applicants can receive a DUNS number, at no cost, by calling the dedicated toll-free DUNS
17 A copy of the 2017 State Brownfields and Voluntary Response Programs Report can be found at:
https://www.epa.gov/sites/default/files/2017-2/documents/state brownfields voluntary response program report 508 11-
2017 web.pdf
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Number request line at 1-866-705-5711, or visiting the D&B website at: http://www.dnb.com
If an applicant fails to comply with these requirements, it will affect their ability to receive the
award.
Please note that the Central Contractor Registration (CCR) system has been replaced by the System
for Award Management (SAM). To learn more about SAM, go to SAM.gov or
https: //www. sam. gov/po rtal/pub 1 i c/S A M/ .
Submitting an application via Grants.gov
a.	If Section 128(a) funding is allocated to a requestor, it will be provided through a cooperative
agreement award. All cooperative agreement applications for non-competitive assistance agreement
awards must be submitted using Grants.gov. Below is the information that the applicant will use to
submit their State and Tribal Response Program Grant applications via grants.gov:
CDFA number: 66.817
Funding Opportunity Number (FON): EPA-CEP-02
To learn more about the Grants.gov submission requirements, go to
https://www.epa.gov/grants/how-applv-grants.
b.	Recipients should only submit their final work plan via Grants.gov. The draft work plan
due on December 17, 2021 should not be submitted via Grants.gov. The draft work plan
should be emailed to the regional contact listed at the end of this guidance.
c.	When the EPA Project Officer informs you when to submit your final work plan in Grants.gov,
it must be submitted using the "Workspace" feature. Information on the Workspace feature can be
found at Grants.gov Workspace Overview Page.
Use of funds
An applicant that receives an award under this announcement is expected to manage assistance
agreement funds efficiently and effectively and make sufficient progress towards completing the
project activities described in the work plan in a timely manner. The cooperative assistance
agreement will include terms and conditions related to this requirement.
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REGIONAL STATE AND TRIBAL BROWNFIELDS CONTACTS
ki:gio\
SIATi:
TRIUAI.
1
CT, ME, MA, NH,
M, VT
Amy Jean 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
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
2
NJ, NY, PR, VI
John Struble
290 Broadway, 25th Floor
New York, NY 10007-1866
Phone (212) 637-4291 Fax (212) 637-3083
struble.john@epa.gov
John Struble
290 Broadway, 25th Floor
New York, NY 10007-1866
Phone (212) 637-4291 Fax (212) 637-3083
struble.john@epa.gov
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
Mike Taurino
1650 Arch Street (3HS51)
Philadelphia, PA 19103
Phone (215) 814-3371 Fax (215) 814-3274
taurino ,michael@epa. gov
4
AL, FL, GA, KY,
MS, NC, SC, TN
Cindy Nolan
61 Forsyth Street, S.W, 10TH FL (9T25)
Atlanta, GA 30303-8960
Phone (404) 562-8425 Fax (404) 562-8788
nolan.cindyj @epa.gov
Cindy Nolan
61 Forsyth Street, S.W, 10THFL (9T25)
Atlanta, GA 30303-8909
Phone (404) 562-8425 Fax (404) 562-8788
nolan.cindyj@epa.gov
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-5 J)
Chicago, IL 60604-3507
Phone (312) 886-7251 Fax (312) 697-2075
clarke.rosita@epa.gov
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
7
IA, KS, MO, NE
Susan Klein
11201 Renner Boulevard (LCRD/BSPR)
LenexaKS 66219
Phone (913) 551-7786
klein. susan@epa. gov
Jennifer Morris
11201 Renner Boulevard ((LCRD/BSPR)
LenexaKS 66219
Phone (913)551-7341
morris.jennifer@epa.gov
8
CO, MT, ND, SD,
UT, WY
Christina Wilson
1595 Wynkoop Street (8LCR-BR)
Denver, CO 80202-1129
Phone (303) 312-6706 Fax (303) 312-6065
wilson. christina@epa. gov
Melisa Devincenzi
1595 Wynkoop Street (8LCR-BR)
Denver, CO 80202-1129
Phone (303) 312-6377 Fax (303) 312-6962
devincenzi.melisa@epa.gov
9
AZ, CA, HI, NY,
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
Jose Garcia, Jr.
600 Wilshire Blvd, Suite 1460
Los Angeles, CA 90017
Phone (213) 244-1811 Fax (213) 244-1850
garcia.jose@epa.gov
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
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
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APPENDIX A: FUNDING GUIDANCE FOR CERCLA SECTION 128(a) TECHNICAL ASSISTANCE GRANTS
Section 128(a)(l)(B)(ii)(III) of the Comprehensive Environmental Response, Compensation, and Liability Act
("CERCLA"), as amended, authorizes a noncompetitive $1.5 million18 technical assistance grant ("Section
128(a) TAG") program to assist small communities,19 Indian tribes,20 rural areas, or disadvantaged areas21 to
carry out activities outlined in CERCLA Section 104(k)(7) (e.g. providing training, research, and technical
assistance to individuals and organizations to facilitate the inventory of brownfields sites, site assessments,
remediation of brownfield sites, community involvement, or site preparation). These funds may not be used to
augment an existing CERCLA 128(a) State and Tribal Program and may not be placed in Performance
Partnership Grants ("PPGs"). For additional information on Section 128(a) TAG, see the Section 128(a) TAG
fact sheet at https://www.epa.gov/brownfields/state-and-tribal-response-program-grants.
Cooperative agreement recipients ("CARs") with active CERCLA Section 128(a) grants who are requesting
funds in fiscal year (FY) 2022 are eligible to submit one request on behalf of a small community, Indian tribe,
rural area, or disadvantaged area. The maximum amount of funding allowed is $20,000. The funding will be
awarded as part of the FY22 Section 128(a) funding grant.
Requests will be considered based on the following:
•	readiness of the recipient and community to complete the project within a year of award,
•	the recipient is in good standing with their current CERCLA Section 128(a) grant,
•	the recipient has documented support from the community benefiting from this grant, and
•	the recipient adequately responds to the criteria listed below.
Requests should be no more than 2-3 pages and should include the following:
1.	the amount of funding requested,
2.	a description of the target community and how it meets the definition of a small community, Indian
tribe, rural area, or disadvantaged area,
3.	a description of the proposed project, including a description of key activities and how it will further
brownfields reuse,
4.	the expected outcomes and timeline to complete the project,
5.	how/who will be conducting the activities (e.g., state, tribe, contractor)22
6.	if additional resources are necessary to complete the project, please explain how you will secure them,
7.	an explanation of why existing state or tribal funding is inadequate to complete the proposed project,
8.	a demonstration that the community supports the state or tribe receiving the grant; this may be a
separate letter attached to the submission, and
9.	if the CAR has previously received Section 128(a) TAG, include a brief update on the previous project's
status or successful completion.
18	If EPA receives over $1.5 million in requests, it will evaluate projects based on criteria listed in Appendix A. EPA will prioritize fully
funding high quality projects until appropriation cap is reached.
19	CERCLA Section 128(a)(l)(B)(iv)(II) defines Small Community as a community with a population of not more than 15,000
individuals, as determined by the President based on the latest available decennial census.
20	CERCLA Section 101(36) defines Indian Tribe.
21	CERCLA Section 128(a)(l )(B)(iv)(I) defines Disadvantaged Area as a community with an annual median household income that is
less than 80 percent of the statewide annual median household income, as determined by the President based on the latest available
decennial census
22	If a state or tribe plans to use a contractor or provide a subaward, states and tribes will have to follow EPA's general procurement
terms and conditions, as well as any relevant state or tribal requirements.
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