[Federal Register: February 10, 2004 (Volume 69, Number 27)]
[Notices]
[Page 6283-6284]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe04-99]
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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
http://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 http://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