[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Notices]
[Pages 6283-6284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2819]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7620-4]


Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA), Section 104(k); ``Announcement of Proposal Deadline for a 
Reopening of the Competition for the 2004 National Brownfields 
Assessment, Revolving Loan Fund, and Cleanup Grants''

AGENCY: Environmental Protection Agency.

ACTION: Notice reopening of Fiscal Year 2004 Brownfields grant 
competition, of the availability of amended Brownfields grant 
application guidelines and deadline for submissions of proposals.

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SUMMARY: The Environmental Protection Agency (EPA) is reopening the 
competition for Fiscal Year 2004 brownfields grants to accept 
applications for funding for certain brownfield sites that were not 
eligible under the Proposal Guidelines for Brownfields Assessment, 
Revolving Loan Fund, and Cleanup Grants (``The October 2003 Proposal 
Guidelines''), published in the Federal Register at 68 FR 59611, on 
October 16, 2003, and subsequent corrections published in the Federal 
Register at 68 FR 64623, on November 14, 2003. The Consolidated 
Appropriations Act, 2004, Public Law 108-199, which President Bush 
signed into law on January 23, 2004, temporarily expands the number of 
brownfields sites that are eligible for funding under EPA's brownfields 
assessment, revolving loan fund, and cleanup grants awarded under 
section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), as amended. EPA's 
Fiscal Year 2004 appropriations may be used by recipients of 
brownfields grants and loans for eligible and allowable costs at 
brownfields sites as long as the recipient of a brownfield grant or 
loan satisfies all of the elements required to qualify as a bona fide 
prospective purchaser under CERCLA section 101(40) notwithstanding the 
fact that the property was acquired prior to the enactment of the Small 
Business Liability Relief and Brownfields Revitalization Act of 2001, 
Pub. L. 107-118, on January 11, 2002. EPA is reopening the Fiscal Year 
2004 brownfields grant competition to allow entities who are affected 
by the above-referenced change to submit (or resubmit) proposals for 
brownfields funding.
    To qualify for participation in the reopened competition, 
applicants must have specific brownfields sites identified, and these 
sites must now be eligible for EPA funding in Fiscal Year 2004 due to 
the above-referenced provision of the Consolidated Appropriations Act, 
2004. There is an additional change to the guidelines that is posted at 
www.epa.gov/brownfields. The change is summarized below. The deadline 
for proposals to be received by EPA's contractor is 6 p.m. EST on March 
9, 2004.

FOR FURTHER INFORMATION CONTACT: The U.S. EPA's Office of Solid Waste 
and Emergency Response, Office of Brownfields Cleanup and 
Redevelopment, (202) 566-2777.

SUPPLEMENTARY INFORMATION: The following correction has been made to 
the guidelines that are posted at www.epa.gov/brownfields:
    On page 5 of the Proposal Guidelines for Brownfields Assessment, 
Revolving Loan Fund, and Cleanup Grants, the first bullet under 
Additional Uses/Restrictions of Grant Funds is revised to implement the 
language in the Consolidated Appropriation Act, 2004. This language now 
reads:
    ``Funds appropriated to EPA under the Consolidated Appropriation 
Act, 2004, to carry out CERCLA 104(k) may be used by recipients of 
brownfields grants and loans for eligible and allowable costs when a 
recipient satisfies all of the elements required to qualify as a bona 
fide prospective purchaser under CERCLA section 101(40) notwithstanding 
the fact that the property was acquired prior to the enactment of the 
Small Business Liability Relief and Brownfields Revitalization Act of 
2001, Public Law 107-118, on January 11, 2002.''
    The entities that otherwise meet all of the requirements to be 
eligible for brownfield funding and that are affected by this provision 
may apply for grants (including Revolving Loan Fund capitalization 
grants) to address hazardous waste contamination at eligible brownfield 
sites. However, applicants who submitted proposals by the December 4, 
2003, deadline for brownfields assessment, revolving loan fund, and 
cleanup grants and who otherwise satisfied all of the requirements to 
be eligible to receive brownfields funding, as well as satisfied all of 
the elements required to qualify as a bona fide prospective purchaser, 
and were determined by EPA to be prohibited from using brownfield funds 
at the proposed site(s) because the applicant acquired the brownfield 
site prior to the January 11, 2002, enactment date, may choose to 
resubmit their proposal(s) to EPA for consideration. This change only 
has the affect of allowing EPA to award Brownfield grants to certain 
applicants that were previously prohibited from receiving grants under 
section 104(k)(4)(B)(i)(IV) and does not result in a change to the 
CERCLA definition of bona fide prospective purchaser or to any EPA 
enforcement authorities or policy. Please note that applicants with 
sites contaminated solely by petroleum are not eligible to participate 
in the reopened competition.
    To be considered in this competition, every proposal must identify 
specific brownfield sites, meet the threshold requirements described in 
the Proposal Guidelines for Brownfields Assessment, Revolving Loan 
Fund, and Cleanup Grants (including the requirements for community 
notification and a letter from state or tribal environmental officials) 
and address the ranking factors in the Proposal Guidelines for 
Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants. An 
original proposal and/or a request for reconsideration of a proposal 
that was submitted by the December 4, 2003, deadline must be received 
by 6 p.m. EST on or before March 9, 2004, by Environmental Management 
Support, Inc. (EMS), Attention: Don West, 8601 Georgia Avenue, Suite 
500, Silver Spring, MD 20910, phone 301-589-

[[Page 6284]]

5318. Applicants must also send a copy to the EPA Regional Brownfields 
Coordinator at the addresses shown in Appendix 1 of the October 2003 
Proposal Guidelines. EPA strongly encourages applicants to send their 
proposals by express courier or hand delivery to the address above to 
avoid potential delays in regular U.S. Postal Service mail delivery. 
Proposals received by EMS at the address above after 6 p.m. EST March 
9, 2004, will not be considered.

    Dated: February 4, 2004.
Linda Garczynski,
Director, Office of Brownfields Cleanup and Redevelopment, Office of 
Solid Waste and Emergency Response.
[FR Doc. 04-2819 Filed 2-9-04; 8:45 am]
BILLING CODE 6560-50-P