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Response Program Funding LAND REVITALIZATliOlN
This fact sheet is not a substitute for the annual EPA Brownfields Section 128(a) Funding Guidance located
on the Brownfields Program website at www.epa.aov/brownfields.
What is EPA's Brownfields Program?
The U.S. Environmental Protection Agency's (EPA's)
Brownfields and Land Revitalization Program empowers
states, Tribal Nations, communities, and other
stakeholders to build strong partnerships and local
capacity to assess, safely clean up, and sustainably reuse
brownfield sites. EPA provides technical and financial
assistance for brownfields activities that protect human
health and the environment, encourage sustainable reuse,
promote partnerships, strengthen local economies, and
create jobs.
By providing funds and technical assistance to assess,
cleanup, and plan for site reuse, EPA enables communities
to overcome the environmental, legal, and fiscal challenges
associated with brownfields properties. EPA's investments
in communities across the country help local leaders
eliminate uncertainties, clean up contaminated properties,
and transform brownfield sites into community assets.
Scissortail Park in Oklahoma City before (inset) and after Section 128(a)
funded cleanup oversight and redevelopment. Credit: scissortail park, org.
What is Section 128(a) State and Tribal
Response Program funding?
Section 128(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act ("CERCLA")
authorizes EPA to provide funding to States (including US
Territories and DC) and Tribes to establish or enhance their
environmental response programs.
States, Territories, and Tribal Nations are responsible for
developing brownfields cleanup standards and policy and
conducting or overseeing the assessment, cleanup, and
reuse of brownfield sites within their jurisdictions. EPA
supports these State and Tribal programs through Section
128(a) funding.
This annual funding is awarded and administered through
cooperative agreements with the EPA regional offices.
How do I request Section 128(a) funding?
The annual grant Funding Guidance provides the specific
instructions for requesting funds in a given fiscal year.
Copies of the guidance can be obtained from EPA's
State and Tribal Response Program Grants website.
Requests must include the information listed in the
Funding Guidance and be submitted to the appropriate
Regional EPA Brownfields office by the stated deadline.
~ To learn more about state and tribal response
programs across the country, please go to the EPA
regional pages or Brownfields Near You.
~ To see highlights from state and tribal brownfields
response programs, please go to the Section 128(a)
Highlights page.
A brownfield is real property, the expansion, redevelopment, or reuse of which may
be complicated by the presence or potential presence of a hazardous substance,
pollutantor contaminant.
CERCLA §101(39)
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What is the general timeline for Section 128(a) funding?
EPA Regional
Offices inform
recipient of funding
amount to
be awarded
JANUARY
FEBRUARY
APRIL
MAY
JUNE
OCTOBER
NOVEMBER
DECEMBER
MARCH
Who can request Section 128(a) funding?
~ Eligible entities for Section 128(a) funding include:
S A State, as defined in CERCLA § 101(27)
S An Indian tribe, as defined in CERCLA § 101(36)
S Intertribal consortia, as defined in the Federal
Register Notice at 67 FR 67181, Nov. 4, 2002
~ These eligible entities must:
S demonstrate that its response program includes,
or is taking reasonable steps to include, the four
elements specified in CERCLA Section 128(a)(2)
(shown below),
OR is a party to a Memorandum of Agreement
with EPA; and
S maintain and make publicly available 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.
~ EPA accepts one application from each eligible
entity annually.
What can this funding be used for?
~ The primary goals of this funding are to provide
financial support to:
S establish or enhance the four elements of an
effective state or tribal response program, as
specified in CERCLA Section 128(a)(2), and
S ensure that states and tribes maintain a public
record of sites included in their programs.
~ The funding may also be used for:
S limited site assessments or cleanups at
Brownfield sites, and
[Note: talk to your EPA regional BF contact regarding
the eligibility determinations required prior to
performing site-specific work under Section 128(a).]
S activities that increase the number of response
actions conducted or overseen by a state or tribal
response program, such as hosting brownfields
workshops to increase brownfields awareness in
communities.
S Check the annual Funding Guidance for additional
eligible activities and Program priorities.
The Four Elements required by CERCLA Section 128(a)(2)
1. Timely survey and inventory of brownfield sites;
2. Oversight and enforcement authorities or other resources that ensure response actions
protect human health and the environment, are conducted in accordance with applicable
laws, and are completed;
3. Mechanisms and resources to provide meaningful public participation; and
4. Mechanisms for approval of a cleanup plan and verification and certification that
response is complete.
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Where con I find more information?
Note: this list is not exhaustive and is meant to provide initial information on helpful resources.
Please reach out to your regional EPA Brownfields contacts with any questions.
EPA Brownfields Program website Tribal Resources
EPA Land Revitalization website
CERCLA Section 128(a) Information
~ 42U.S.C. §9628 - (CERCLA Section 128(a))
~ Entities Eligible to Receive State and Tribal
Response Funding
~ State and Tribal Section 128(a) Highlights
~ State and Tribal Response Program Grants
~ Section 128(a) Technical Assistance Grant (TAG)
~ ASTSWMO Section 128(a) TAG StorvMap
~ Section 128(a) TAG FAQs 2019
Brownfields Technical Assistance,
Training, and Research
~ Free, EPA-funded Technical Assistance to Brownfields
Communities (TAB), training, and research projects
~ Brownfields Inventory Tool (BiT)
~ Planning activities to initiate brownfields revitalization
~ Brownfields Road Map
~ Community Visions for Abandoned Gas Stations
~ Land Revitalization Toolkit
General Brownfields Information
~ Brownfields overview
~ Brownfields FAQ
~ Brownfields Program Environmental and
Economic Benefits
~ Brownfields and Public Health
~ Cleaning up Brownfield Sites
~ Cleanups in My Community Database
~ Recipient Training Opportunities
~ Brownfields and Land Revitalization Activities Near You
~ Supporting EJ through BF and LR
~ KSU Tribal Technical Assistance to Brownfields (TAB)
~ Institute for Tribal Environmental Professionals (ITEP)
Brownfields Trainings
~ Tribal Brownfields Forum
~ Environmental Protection in Indian Country
~ Tribal Lands Assistance Center (TLAC)
~ TLAC Brownfields page
~ EPA Contact and Resource Aid: Oil and Petroleum
Contamination on Tribal Lands
~ 2014 Tribal Brownfields and Response Programs
~ Developing an Abandoned Vehicle Cleanup Program
for Tribal Governments' guide (2009)
State Resources
~ Association of State and Territorial Solid Waste
Management Officials (ASTSWMO) Resources and
Publications
~ State Brownfields and Voluntary Response Programs
~ ASTSWMO Brownfields Focus Group 2020 State
Brownfields Program Analysis
~ Cleaning Up Brownfields understate Response
Programs - Getting to 'No Further Action'
ACRES (Assessment, Cleanup and
Redevelopment Exchange System)
~ Assessment, Cleanup and Redevelopment Exchange
System (ACRES) Regular Training Sessions
~ ACRES Training Presentations
~ Brownfields ACRES Helpful Tips and Tools
~ Section 128(a) Program Activity Level (PAL)
Reporting Form
~ How to Enter and View PALs Data in ACRES
~ How to Update a State Report in ACRES
EPA Office of Brownfields and Land Revitalization
CERCLA Section 128(a)
State and Tribal Response Program Funding
Office of Land
and Emergency
Management
EPA-560-F-22-298
Updated August 2022
www. epa. gov/brownfields
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