1 Presented by: Glenn Kistner USEPA Region 9 Brownfields Program Brownfields & Superfund For Tribes Overview

2 Overview:  What is a Brownfields?  How Can the Brownfields Program help Tribal Communities?  Available Support and Funds  Answer your Questions

3 What is a Brownfields? Legal definition: 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, pollutant, or contaminant or property that is a mine scarred land.

4 The Key Change for Tribes Originated primarily as an urban blight remedy; now rural areas are included, so brownfields sites can be:  Any site with potential environmental concerns for which a community can and will present a plan for alternative use - even if reuse is only as new “green space”;  Open dumps or littered areas;  Abandoned houses or mobile homes;  Closed/abandoned commercial or industrial sites;  Mine scarred lands; and  Illegal drug labs.

5 Brownfield Sites include Brownfield Sites include mine scarred lands & illegal drug labs

6 How Can Brownfields Program Help Tribal Communities? 128(a) State & Tribal Response Program Targeted Assessments Job Training Grants Assessment RLF & Cleanup Grants Brownfields Tribal Tech Assistance

7 Competitive Grants (104(k)  Assessments  Cleanups  Job Training  Revolving Loan Fund ddress sites contaminated with Hazardous Substances and/or Petroleum. Address sites contaminated with Hazardous Substances and/or Petroleum.

8 Assessment Grants  Create Inventory  Phase I & Phase II assessments  Reuse and cleanup plans  Community outreach  3-year grant term

9 Assessment Grants Community-Wide Site-Specific Grant

10 Assessment Coalitions Group of 3 or more eligible entities submit application under name of one of the coalition participants Coalition members can apply for up to $1 million (e.g. $500k hazardous, $500k petroleum - total) Must assess a minimum of 5 sites No match required Coalition members not eligible to apply for additional, individual Community-wide or Site-specific assessment grants for one year

11 Cleanup Grants  *Phase II completed  *Sole site ownership by tribal government required  *Community notification required  Perform site cleanup and confirmatory sampling  3-year grant term

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14 Revolving Loan Fund (RLF)  Make low interest loans and subgrants to eligible entities, for cleanup activities only  60% loans (minimum)  40% can be used for cleanup subgrants (maximum)  5 year term

15 Assistance/Grant Funding ACTIVITY How many proposals? Average Funding Match TBA1 per year$50,000No Assessments Community-Wide Site Specific Coalition 2 (haz and petroleum) 1 per year $200,000 $200,000 (waiver to $350,000) $1,000,000 No Cleanup3 per year $ 200,000 per site **Yes – 20 % RLF1 per year$1 Million per applicant Yes – 20%

16 Estimated Schedule 2010 July – August: New guidelines available Oct – Nov: PROPOSALS DUE April - May: Awards Announced April - June: Work plans and grant paperwork submitted July – Oct: Funds Available

17 Job Training Grants Available to tribes, states and non- profits Conducting assessments and cleanups Up to $200,000 Proposals due 12/01

18 Targeted Brownfields Assessments (TBAs) EPA contractor services only – no funding Phase I and/or Phase II environmental assessment Establishment of cleanup options or cost estimates based on future use Revolving application process – no deadlines!

19 Where Can I Get More Information? Targeted BF Assessments (TBAs)   Contact: Carolyn Douglas, Brownfields Coordinator, , or Glenn Kistner, , Competitive Brownfields, 104(k) Grant Program   Contact: Glenn Kistner, Brownfields Coordinator, , Job Training   Contact: Noemi Emeric, Brownfields Coordinator, , or Wallace Woo, Brownfields Coordinator, ,

(a) Response Program “CERCLA § 128(a)” is non-competitive Authorized $50 million per year, nationally Purpose: A State or federally recognized Indian tribe may use a grant under this subsection to establish or enhance the response program of the State or Indian tribe”.

21 *Use of 128(a) Funding “Response Program” development Establish & maintain public record Develop four required elements Maintain the response program Insurance Capitalize RLF * Not meant for cleanups

22 What is a “Response Program”? You define it in your funding proposal. One Cleanup Program may be appropriate for many tribes. Program examples:  Voluntary cleanups  Superfund type program  LUST/UST  RCRA sites  Solid waste (open dumps)  Abandoned Mines  Meth Labs

23 Response Program Points Matching funds not required Not pass/fail; negotiation of workplan to final form is part of the process. Similar to block grant money; can create own list of goals and tasks toward addressing the four elements. Can fund positions, equipment, supplies, vehicles, services, training and other things not usually considered allowable in other types of grants. Can be structured to allow overlap and cooperation between brownfields, solid waste, and environmental programs and activities.

24 128(a) Response Program Grant Funding Process FY 11 Grant Guidance – November 2009? Submit funding requests to EPA Regions December 1, 2009 to January 31, 2010? One grant per tribe or state per year *Tribes should coordinate internally before submitting a funding proposal

25 What Superfund Can Do Emergency Response – Removal Actions for Disasters or Emergencies Site Assessment – Should Sites be on National Priorities List (NPL)? Cleanup Sites on the NPL

26 Where Can I get more Information? State & Tribal Response Program Funding Guidance   Region 9 Tribes – 128(a): contact Glenn Kistner, (415) , or Jeff Inglis, (415) Site Assessment Program  Region 9 contact: Debbie Schechter, Section Chief, or schechter.debbischechter.debbi Emergency Response Program Region 9 contact : Harry Allen Section Chief, (415) ,