[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Pages 16386-16388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8240]




American Recovery and Reinvestment Act of 2009 (Recovery Act) 
Supplemental Funding for Brownfields Revolving Loan Fund (RLF) Grantees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: EPA's Office of Brownfields and Land Revitalization (OBLR) 
plans to make available approximately $40 million in Recovery Act 
funding to supplement Revolving Loan Fund capitalization grants 
previously awarded competitively under section 104(k)(3) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA), 42 U.S.C. 9604(k)(3). Brownfields Cleanup Revolving Loan Fund 
(BCRLF) pilots awarded under section 104(d)(1) of CERCLA that have not 
transitioned to section 104(k)(3) grants are not eligible to apply for 
these funds. EPA will award these funds under the criteria described 
below only to RLF grantees who have demonstrated an ability to deliver 
programmatic results by making at least one loan or subgrant and have 
effectively utilized existing available loan funds (high performing RLF 
    The Agency is now accepting requests for Recovery Act supplemental 
funding from high performing RLF grantees. Requests for funding must be 
submitted to the EPA Regional Contact (listed below) by May 1, 2009. 
Specific information on submitting a request for Recovery Act RLF 
supplemental funding can be obtained by contacting the EPA Regional 

DATES: This action is effective April 10, 2009.

ADDRESSES: Mailing addresses and contact information for U.S. EPA 
Regional Offices and U.S. EPA Headquarters are provided below and in 
the Recovery Act Process and Consideration Guidelines for RLF Grant 
Supplemental Funding. The guidelines are available at: http://www.epa.gov/brownfields/eparecovery. Copies of the guidelines will also 
be sent upon request. Requests should be made by calling U.S. EPA's 
Office of Solid Waste and Emergency Response, Office of Brownfields and 
Land Revitalization, (202) 566-2777 or regional offices.

Waste and Emergency Response, Office of Brownfields and Land 
Revitalization, (202) 566-2735 or the appropriate Brownfields Regional 

                                                Regional Contacts
                                                                                         Address/phone number/e-
             Region                                       States                                   mail
EPA Region 1, Diane Kelley,       CT, ME, MA, NH, RI, VT...............................  One Congress Street,
 [email protected].                                                                    Suite 1100, Boston, MA
                                                                                          02114-2023; Phone
                                                                                          (617) 918-1424; Fax
                                                                                          (617) 918-1291.
EPA Region 2, Larry D'Andrea,     NJ, NY, PR, VI.......................................  290 Broadway, 18th
 [email protected].                                                                   Floor, New York, NY
                                                                                          10007; Phone (212) 637-
                                                                                          4314; Fax (212) 637-
EPA Region 3, Tom Stolle,         DE, DC, MD, PA, VA, WV...............................  1650 Arch Street, Mail
 [email protected].                                                                      Code 3HS51,
                                                                                          Pennsylvania 19103;
                                                                                          Phone (215) 814-3129;
                                                                                          Fax (215) 814-5518.
EPA Region 4, Wanda Jennings,     AL, FL, GA, KY, MS, NC, SC, TN.......................  Atlanta Federal Center,
 [email protected].                                                                  61 Forsyth Street,
                                                                                          S.W., 10th FL,
                                                                                          Atlanta, GA 30303-
                                                                                          8960; (404) 562-8682
                                                                                          (w); (404) 562-8439
EPA Region 5, Deborah Orr,        IL, IN, MI, MN, OH, WI...............................  77 West Jackson
 [email protected].                                                                     Boulevard, Mail Code
                                                                                          SE-4J, Chicago,
                                                                                          Illinois 60604-3507;
                                                                                          Phone (312) 886-7576;
                                                                                          Fax (312) 886-7190.
EPA Region 6, Monica Chapa,       AR, LA, NM, OK, TX...................................  1445 Ross Avenue, Suite
 [email protected].                                                                    1200 (6SF-PB), Dallas,
                                                                                          Texas 75202-2733;
                                                                                          Phone (214) 665-6780;
                                                                                          Fax (214) 665-6660.
EPA Region 7, Susan Klein,        IA, KS, MO, NE.......................................  901 N. 5th Street,
 [email protected].                                                                     Kansas City, Kansas
                                                                                          66101; Phone (913) 551-
                                                                                          7786; Fax (913) 551-
EPA Region 8, Ted Lanzano,        CO, MT, ND, SD, UT, WY...............................  1595 Wynkoop Street
 [email protected].                                                                     (EPR-B), Denver, CO
                                                                                          80202-1129; Phone
                                                                                          (303) 312-6596; Fax
                                                                                          (303) 312-6067.

[[Page 16387]]

EPA Region 9, Debbie Schechter,   AZ, CA, HI, NV, AS, GU...............................  75 Hawthorne Street,
 [email protected].                                                                SFD 9-1, San
                                                                                          Francisco, California
                                                                                          94105; Phone (415) 972-
                                                                                          3093; Fax (415) 947-
EPA Region 10, Brooks Stanfield,  AK, ID, OR, WA.......................................  1200 Sixth Avenue,
 [email protected].                                                                Seattle, Washington
                                                                                          98101; Phone (206) 553-
                                                                                          4423; Fax (206) 553-



    On February 17, 2009, President Barack Obama signed the American 
Recovery and Reinvestment Act of 2009 (Pub. L. 111-05) (Recovery Act). 
EPA received $100 million in Recovery Act appropriations for the CERCLA 
104(k) Brownfields Program of which 25% must be used at Brownfields 
sites contaminated with petroleum. The Agency has allocated 
approximately $40 million of Recovery Act funds for supplemental 
funding of current RLF grantees as authorized by CERCLA 104(k)(4).

Policy Changes To Expedite Effective Use of Recovery Act Supplemental 
RLF Funds

    RLF supplemental funding awarded with Recovery Act funds is not 
subject to the 20 percent cost share required by CERCLA 
104(k)(9)(B)(iii). Further, in order to increase flexibility, the 
Agency will not require that RLF grantees use at least 60 percent of 
the supplemental funding award for loans; RLF grantees may use up to 
100 percent of Recovery Act funds for either loans or subgrants. In 
addition, while EPA is still limiting individual subgrants to no more 
than $200,000 per site, RLF grantees may petition EPA to waive the 
$200,000 per site subgrant limitation, if such a waiver would promote 
the goals of the Recovery Act through increased job creation, 
retention, and economic development.
    In accordance with OMB's February 18, 2009, guidance for 
implementing the Recovery Act, EPA will provide supplemental RLF 
funding under new awards rather than through amendments to existing RLF 
grants. This will ensure that RLF grantees will track Recovery Act 
funds separately from RLF funds awarded using EPA's annual 
appropriation for Brownfields grants.

Process and Criteria for Awarding Recovery Act Funding

    EPA will consider requests for Recovery Act supplemental RLF 
funding from high performing RLF grantees that are submitted to the EPA 
regional office awarding the RLF grant and are postmarked and received 
by e-mail by May 1, 2009. High performing RLF grantees must submit a 
new request for Recovery Act supplemental RLF funds even if the grantee 
has a pending request for Brownfields RLF supplemental funding under 
consideration by EPA. There is no maximum amount of supplemental 
funding that an RLF grantee can request under this notice. EPA's 
Assistant Administrator for the Office of Solid Waste and Emergency 
Response (AA for OSWER) will select recipients for RLF Recovery Act 
supplemental funding and the grants will be awarded by EPA regional 
award officials. EPA regional offices and OBLR will evaluate requests 
and make funding recommendations to EPA's AA for OSWER based on the 
following criteria:
     Demonstrated ability to make loans and subgrants with 
Recovery Act funds quickly (i.e., ``shovel-ready'' projects) for 
cleanups that can be started and completed expeditiously,
     Demonstrated ability to use supplemental RLF funds in a 
manner that maximizes job creation and economic benefit,
     Demonstrated ability to track and measure progress in 
creating jobs associated with the loans or subgrants,
     The RLF grantee must have made at least one loan or 
subgrant AND have effectively utilized existing available loan funds,
     Demonstrated ability to track and measure progress of 
cleanups resulting from a loan or subgrant,
     Demonstrated need for supplemental funding, including the 
number of sites and communities that may benefit from supplemental 
     Demonstrated ability to administer and ``revolve'' the RLF 
grant, and administer subgrant(s) and/or loan(s),
     Demonstrated ability to use the RLF grant to address 
funding gaps for cleanup,
     Community benefit from past and potential loan(s) and/or 
subgrant(s), and,
     Demonstrated ability to use the RLF grant to provide 
funding to promote projects incorporating sustainable reuse and 
renewable energy.
    Priority consideration will be given to funding those grantees who 
can demonstrate they have shovel-ready projects that will expeditiously 
result in job creation and can clearly demonstrate how they will track 
and measure their progress in creating the jobs associated with the 
loans or subgrants. In addition, EPA may consider geographic 
distribution of the funds among EPA's ten Regions.
    Consistent with section 104(k)(12)(B) of CERCLA, in making 
decisions on RLF Recovery Act supplemental funding, EPA will take into 
account the requirement that twenty-five percent of the Recovery Act 
appropriation for Brownfields grant be used at sites contaminated with 
petroleum. Applicants for RLF Recovery Act supplemental funding must 
specify the amount of funding they are requesting for subgrants and 
loans to cleanup these sites. States must demonstrate that their 
Governor or State legislature has agreed to accept Recovery Act funds 
as required by section 1607 of the Recovery Act.
    RLF grantees requesting supplemental funding should be aware that 
grant agreements will include all terms and conditions required by the 
Recovery Act. Under section 1604 of the Recovery Act, funds may not be 
used for any casino or other gambling establishment, zoo, golf course, 
or swimming pool. Under section 1512 of the Recovery Act, OMB 
implementing guidance and Agency policy, there will be additional 
reporting requirements. There may also be requirements under Section 
1605 of the Recovery Act, to use American made iron, steel and 
manufactured goods for Recovery Act projects. Under Section 1606 of the 
Recovery Act, contractors and subcontractors hired with Recovery Act 
funds are required to pay prevailing wages to laborers and mechanics in 
compliance with the Davis-Bacon Act. Grantees selected for Recovery Act 
RLF supplemental funding must be willing to comply with these 
    Each grantee and sub-grantee awarded funds made available under the 
Recovery Act shall promptly refer to the Office of Inspector General 
any credible evidence that a principal, employee, agent, contractor, 

[[Page 16388]]

subcontractor, or other person has submitted a false claim under the 
False Claims Act or has committed a criminal or civil violation of laws 
pertaining to fraud, conflict of interest, bribery, gratuity, or 
similar misconduct involving those funds.
    Statutory and Executive Order Reviews: Under Executive Order 12866 
(58 FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and is therefore not subject to OMB review. Because 
this grant action is not subject to notice and comment requirements 
under the Administrative Procedures Act or any other statute, it is not 
subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) or 
Sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA) 
(Pub. L. 104-4). In addition, this action does not significantly or 
uniquely affect small governments. Although this action does not 
generally create new binding legal requirements, where it does, such 
requirements do not substantially and directly affect Tribes under 
Executive Order 13175 (63 FR 67249, November 9, 2000). Although this 
grant action does not have significant Federalism implications under 
Executive Order 13132 (64 FR 43255, August 10, 1999), EPA consulted 
with states in the development of these grant guidelines. This action 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations that Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001), because it is not a significant 
regulatory action under Executive Order 12866. This action does not 
involve technical standards; thus, the requirements of Section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
Section 272 note) do not apply. This action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. Section 3501 et seq.). The 
Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that 
before certain actions may take effect, the agency promulgating the 
action must submit a report, which includes a copy of the action, to 
each House of the Congress and to the Comptroller General of the United 
States. Since this grant action, when finalized, will contain legally 
binding requirements, it is subject to the Congressional Review Act, 
and EPA will submit its final action in its report to Congress under 
the Act.

    Dated: April 6, 2009.
David R. Lloyd,
Director, Office of Brownfields and Land Revitalization, Office of 
Solid Waste and Emergency Response.
[FR Doc. E9-8240 Filed 4-9-09; 8:45 am]