EPA R4 BROWNFIELD GRANT
SITE
ELIGIBILITY DETERMINATION OUTLINE
To be used for determining site
eligibility for Phase II Environmental Site Assessments and Cleanups.
A. GENERAL INFORMATION
1. Grantee/Applicant Name:
2. If Grant:
Grant Number:
Grant Type (104(k) Assessment,
104(k) RLF):
3. Work to be conducted (Phase II Assessment, Phase III
Assessment, Cleanup):
4. How much funding do you anticipate spending on the
site? Please note that there are funding
limitations for site-specific activities.
For assessments, no more than $200,000 per site, with the possibility of
a waiver for up to $350,000. For
cleanups, no more than $200,000 per site.
5. Date of proposed work:
6. Date of this document:
B. BASIC SITE
INFORMATION
1. Site Name:
2. Site Address (and
County):
3. Who is the current
owner of the site?
4. Describe grantee’s or applicants relationship with the
owner, and the owner’s role in the work to be performed:
5. Known or Suspected Contaminant(s) (check one):
□ Hazardous Substances
□ Mine Scarred Lands
□ Controlled Substances
□ Hazardous Substances Commingled with Petroleum
□ Petroleum Only
6. Identify when and how the site became contaminated;
describe previous known uses. If the land
has been vacant for many years, why does the grantee think that it is
contaminated?
7. Does the site meet
the definition of a Brownfield Site? (Is
the site “real property, the expansion, redevelopment or reuse of which is
complicated by the presence or potential presence of hazardous substances,
pollutants or contaminants”?)
□ YES □ NO
C. SITES NOT
ELIGIBLE FOR FUNDING BY STATUTE
The grantee must supply the following information to the
best of their knowledge:
2. Is the facility
subject to unilateral administrative orders, court orders, administrative
orders on consent, or judicial consent decrees issued to or entered into by
parties under CERCLA?
□ YES □ NO
3. Is the facility
subject to the jurisdiction, custody, or control of the US
government. (Land held in trust by the US
government for an Indian tribe is eligible.)
□ YES □ NO
Note: If the answer is YES to any of the above (C.1-3)
the property is not eligible.
D. SITES ONLY
ELIGIBLE FOR FUNDING WITH A PROPERTY SPECIFIC DETERMINATION BY EPA:
Certain properties can only be approved with a Property
Specific Determination by EPA. The
grantee must provide answers to the following questions to the best of their
knowledge:
1. Is the
site/facility subject to a planned or ongoing
CERCLA removal action? □
YES □ NO
2. Has the
site/facility been the subject of a unilateral administrative order, court
order, an administrative order on consent or judicial consent decree that has
been issued to or entered into by the parties, or been issued a permit by the U.S.
or an authorized state under the Solid Waste Disposal Act (as amended by the
Resource Conservation and Recovery Act (RCRA)), the Federal Water Pollution
Control Act (FWPCA), the Toxic Substances Control Act (TSCA), or the Safe
Drinking Water Act (SWDA)? □ YES □ NO
3. Is the
site/facility subject to corrective action orders under RCRA (sections 3004(u)
or 3008(h)) and has there been a corrective action permit or order issued or
modified to require corrective measures?
□ YES □ NO
4. Is the site/facility
a land disposal unit that has submitted a RCRA closure notification under
subtitle C of RCRA and is subject to closure requirements specified in a
closure plan or permit? □ YES □ NO
5. Has the
site/facility had a release of polychlorinated biphenyls (PCBs) that is subject
to remediation under TSCA? □ YES □ NO
6. Has the
site/facility received funding for remediation from the leaking Underground
Storage Tank (LUST) Trust Fund? □
YES □ NO
Note: If the answer is YES to any of the above (D. 1-6),
a property specific determination is required.
The grantee or TBA applicant must complete the remaining applicable
portions of this outline and submit additional information, as outlined in Appendix
A to this document.
E. HAZARDOUS SUBSTANCE/COMMINGLED CONTAMINATION SITES (for Petroleum only sites,
skip to F.)
1. Does the grantee own the site? □ YES □
NO
2. Answer the following if the grantee is the
current site owner. (If the grantee is not the current site
owner, skip to 3) :
a. Is
the owner a □ Unit of State or Local
Government or □ Other
b. If
the owner is a governmental unit, how was the property acquired?
□
Tax Foreclosure □
Donation □
Eminent Domain □
Bought it outright
□
Other (Explain):
Date acquired:_____________________
c. Do
they have a defense to CERCLA liability?
(see FY12 ARC Guidelines)
□ YES – Involuntary
Acquisition
Bankruptcy, tax delinquency,
abandonment, or other similar circumstances.
□ YES – Bona
Fide Prospective Purchaser (BFPP)
Did the owner
conduct Pre-purchase Inquiry (EPA All Appropriate Inquiry,
ASTM
standards, or other) prior to acquiring property?
□ YES □ NO
Did the owner take reasonable
steps with regards to the contamination at the site?
□ YES □ NO
□ YES –
Contiguous Property Owner
□ YES – Third
Party or Innocent Land
Owner
□ YES – Indian
Tribe
□ NO
d. Are
they liable at the site as an □ Operator,
□ Arranger, or □ Transporter
OR □ None Applicable
e. Did
all disposal of hazardous substances at the site occur before they acquired the
property? □ YES □ NO
f. Did
they cause or contribute to any release of hazardous substances at the site?
□ YES □ NO
3. Answer the
following if the grantee is not the site owner:
a.
Is the grantee potentially liable at the site as an □ Operator, □ Arranger, □ Transporter
b.
Is the grantee affiliated with the site owner (familial, contractual,
financial)
OR
□ None Applicable
F. PETROLEUM ONLY CONTAMINATION
SITES
Petroleum sites need a written site eligibility
determination by the state or EPA.
1. If
the state has made the petroleum eligibility determination, the grantee
must provide EPA with the letter from the state.
2. If the state was unable to make the determination, EPA
must make the determination consistent with the Guidelines (note that EPA staff
will need to refer to the most recent ARC Guidelines to conduct the petroleum
determination). The grantee must provide
information regarding the following:
a. Whether the site is of
“relatively low risk” compared with other “petroleum-only” sites in the
state. Two key questions for this determination follow:
1. Have Leaking
Underground Storage Tank funds been expended at this site?
□ YES □ NO
2. Have Federal
Oil Pollution Act response funds been expended at this site?
□ YES □ NO
b.
Whether there is a viable responsible party at the site. Key questions for this determination follow:
1. Was the site last acquired
through tax foreclosure, abandonment or equivalent government proceedings? □
YES □ NO
2. Has a responsible party been identified
through:
a) a judgment rendered in a court
of law or an administrative order that would require any party to assess,
investigate, or cleanup the site; □ YES
□ NO or
b) a filed enforcement action
brought by federal or state authorities that would require any party to assess,
investigate, or cleanup the site; □ YES
□ NO or
c) a citizen suit, contribution
action or other third party claim against the current or immediate past owner,
that would, if successful, require that party to assess, investigate, or clean
up the site. □ YES □ NO;
Skip to “b.5” if the site was acquired through tax
foreclosure, abandonment or equivalent government proceedings; if not, answer
question b.3 and 5.4.
3.
The current owner is: _______________________ [fill in the blank]
Has the current owner:
a) dispensed or
disposed of petroleum or petroleum product at the site?
□ YES □ NO
b) owned the property during the
dispensing or disposal of petroleum product at the site? □ YES □ NO
e) exacerbated
the contamination at the site? □ YES □
NO
d) taken
reasonable steps with regard to contamination at the site,
□ YES □ NO.
4.
The immediate past owner is: _______________________ [fill in the
blank] Has the immediate past owner:
a) dispensed or disposed of
petroleum or petroleum product at the site?
□ YES □ NO
b) owned the property during the
dispensing or disposal of petroleum product at the site? □ YES □ NO
c) exacerbated
the contamination at the site? □ YES □
NO
d) taken
reasonable steps with regard to contamination at the site,
□ YES □ NO
5.
Based on the above, for purposes of Brownfield funding, is there a
responsible party? □ YES □ NO If
“YES” go on to #6, if “NO” proceed directly to F.2.C.
6.
If there is a responsible party, is that party viable (has adequate
financial resources to pay for assessment of the site). □ YES □ NO
If “NO”, explain the basis for that conclusion:
If there is a viable responsible party, the petroleum
site is ineligible. If there is no responsible party, or if there is a
responsible party who is not viable, continue. NOTE: States may apply their own
laws and regulations to make the petroleum site determination instead of the
previous questions; if they do so, the grantee must submit their determination
and rationale.
c. Whether the grantee is
potentially liable for cleaning up the site.
Key questions for this determination follow:
1. Has the
grantee ever:
a) dispensed or disposed of
petroleum or petroleum product at the site, or owned the property during the
dispensing or disposing of petroleum?
□ YES □ NO
b) exacerbated
the contamination at the site? □ YES □
NO
d.
Is the site subject to any order issued under Sec. 9003(h) of the Solid
Waste Disposal Act? □ YES □ NO
G. ACCESS
Does grantee have access or an access agreement for this
property? □ YES □ NO
H. SITE
ELIGIBILITY DETERMINATION BY EPA PROJECT OFFICER
Please Note: If there are any questions on eligibility, OR
if the grantee owns the site it wishes to work on, the P.O. should consult with
the Regional Brownfield Coordinator, and as necessary EPA legal counsel.
Site □ is / □ is not eligible for site assessment activities
using EPA Brownfield Funds
-- OR --
□ Site is eligible but requires an EPA Property-Specific
Determination, for which additional information was provided.
________________________________________ _______________________
EPA
Project Officer Date:
I. EPA NOTIFICATION TO APPLICANT OF SITE
ELIGIBILITY
Date Sent :
Copy of Notification Attached: □ YES
□ NO
APPENDIX A: [IF REQUIRED] INFORMATION TO SUPPORT PROPERTY
SPECIFIC DETERMINATION by EPA
Grantee must explain why
Brownfield financial assistance is needed and how it will protect human heath
and the environment and either promote economic development or enable the
creation of, preservation of, or addition to parks, greenways undeveloped
property, other recreational property, or other property used for nonprofit
purposes.
Here's a link to the WORD version of this document - LINK