New EPA Brownfield Grant Funding Available for Environmental Assessment and Cleanup

August 30, 2010
by MICHAEL C. GROSS and JONATHAN H. SPERGEL
MGKF Special Alert

The United States Environmental Protection Agency ("EPA") recently announced the availability of $92.9 million in new federal funding for Brownfields assessment, cleanup and revolving loan fund grants. Grant applications are due by October 15, 2010. Twenty five percent of the available funding must be spent on petroleum-contaminated Brownfields sites, including hazardous substances co-mingled with petroleum. For environmental cleanup grants (used to implement remediation activities at Brownfields sites), EPA anticipates awarding 147 cleanup grants totaling $29.5 million; 185 environmental assessment grants totaling $52.4 million; and 11 grants totaling $11 million to establish revolving loan funds (which can be used to make sub grants or loans to carry out cleanup activities at Brownfield sites).

For cleanup grants, individual applicants can apply for up to $200,000 per Brownfield site and each applicant is entitled to submit applications for three separate sites. Cleanup grant applicants must own the site at the time of proposal submission, as evidenced on the recorded deed for the site. There are cost-sharing requirements and private applicants must partner with a governmental agency, nonprofit organization or redevelopment authority in submitting the application.

For assessment grants, individual applicants can apply for a single $200,000 grant. Applicants can request a waiver for the $200,000 limit and apply for up to $350,000 in assessment funding. Unlike the cleanup grants, assessment grant applicants need not own the Brownfield site at the time of proposal submission. Similar to the cleanup grants, a private applicant must partner with a government agency, nonprofit organization or redevelopment authority, but there is no cost-sharing requirement for assessment grants.

Due to the competitive nature of the grant process and new revisions to the program, parties seeking to obtain EPA Brownfields grants should carefully review the application guidelines so that proposals may be submitted as soon as possible. MGKF lawyers have substantial experience in assisting our clients in evaluating, qualifying for, and obtaining funds from the EPA Brownfield grant program.

For additional information regarding EPA Brownfields grants and the application process, please contact Jonathan Spergel (jspergel@mgkflaw.com) at 484-430-2309 or Michael Gross (mgross@mgkflaw.com) at 484-430-2321.