The Wiggin and Dana Manual on Legislative, Regulatory, and Financial Assistance Tools for Brownfields Development in Connecticut: Part III.

A. United States Environmental Protection Agency Brownfield Funding

1. Eligibility Generally

The Environmental Protection Agency offers several national grant and loan programs for the redevelopment of brownfield sites. As with CBRA, the EPA draws its definition of a brownfield site from CERCLA, 42 U.S.C. s. 9601(39)(B): "...real property, the expansion, redevelopment, or reuse of which may be complicated by the presence of a hazardous substance, pollutant, or contaminant."46 The 2002 Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118) (Brownfields Revitalization Act) prohibits the EPA from providing funds to certain categories of sites. Ineligible properties include (1) facilities listed (or proposed for listing) on the National Priorities List (NPL)47; (2) facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decrees issued to or entered into by parties under CERCLA; and (3) facilities that are subject to the jurisdiction, custody or control of the United States government.48

With regard to petroleum-contaminated sites, the Brownfields Revitalization Act permits the EPA to award funds to petroleum-contaminated sites that (1) either the EPA or the appropriate state determines pose relatively low risk compared to the state's other petroleum-contaminated sites;49 (2) have no viable responsible party and will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleanup; and (3) are not subject to a Resource Conservation and Recovery Act (RCRA 42 U.S.C. s.s. 6901 et seq.) 9003(h) order. The Brownfields Revitalization Act requires the EPA to make 25% of total grant funds available to petroleum-contaminated sites.

EPA funding applications are due in December each year and successful applicants usually receive written notice of their award in April of the following year. The EPA website at http://www.epa.gov/swerosps/bf/applicat. htm (last reviewed June 28, 2004) provides a "quick link" to EPA ...

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