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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices assessment and cleanup activities at brownfield sites across the country.
Note: the CERCLA definition of State includes US Territories and the District of Columbia CERCLA section 10127.
B. How can I get copies of the grant funding guidance and other related information?
1. Docket. The docket for this action, identified by docket identification ID
number EPAHQOLEM20190540, is available online at https
www.regulations.gov.
2. EPA Website. To access the FY22
section 128a grant funding guidance on EPAs website, please go to https
www.epa.gov/brownfields/typesbrownfields-grant-funding.
II. Authority CERCLA section 128a 42 U.S.C.
9628a authorizes a noncompetitive $50 million grant program to establish or enhance state and tribal response programs. CERCLA section 128a1BiiIII authorizes a noncompetitive $1.5 million technical assistance grant program to assist small communities, Indian tribes, rural areas, or disadvantaged areas to carry out activities outlined in CERCLA section 104k7 42 U.S.C. 9604k7 i.e., providing training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of brownfields sites, site assessments, remediation of brownfield sites, community involvement, or site preparation.
III. Background 1. General. State and tribal response programs oversee assessment and cleanup activities at brownfield sites across the country. The depth and breadth of these programs vary. Some focus on CERCLA-related activities, while others are multi-faceted, addressing sites regulated by both CERCLA and the Resource Conservation and Recovery Act 42 U.S.C. 6901 et seq.. Many states also offer
accompanying financial incentive programs to spur cleanup and redevelopment. In enacting the Small Business Liability Relief and Brownfields Revitalization Act Pub. L.
107118, 115 Stat. 2356, which added section 128 to CERCLA, Congress recognized the value of state and tribal response programs in cleaning up and redeveloping brownfield sites. Section 128a strengthens EPAs partnerships with states and tribes and recognizes their response programs critical role in overseeing cleanups.
Section 128a response program grants are funded with categorical State and Tribal Assistance Grant STAG
appropriations. Categorical grants are issued by Congress to fund state and local governments for narrowly-defined purposes. This funding is intended for those states and tribes that have the required management and administrative capacity within their government to administer a federal grant. The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements of an environmental response program and that the program establishes and maintains a public record of sites addressed.
Section 128a cooperative agreements are awarded and administered by the EPA regional offices. Generally, these response programs address the assessment, cleanup, and redevelopment of brownfields sites and other sites with actual or perceived contamination. Subject to the availability of funds, EPA regional personnel will provide technical assistance to states and tribes as they apply for and carry out section 128a cooperative agreements.
2. Catalogue of Federal Domestic Assistance CFDA and EPA Funding Opportunity Number FON. The CFDA
entry for the section 128a State and Tribal Response Program cooperative agreements is 66.817. The FON for FY

52671

2022 section 128a funds is EPACEP
02. This grant program is eligible to be included in state and tribal Performance Partnership Grants under 40 CFR part 35 Subparts A and B, with the following exceptions: funds used to capitalize a revolving loan fund for brownfield remediation under CERCLA section 104k3; funds received for technical assistance under CERCLA section 128aIBiiIII; and funds used to purchase environmental insurance or developing a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a State or Tribal response program.
3. Application period. Requests for funding should be sent to the appropriate Regional EPA contact and will be accepted from October 1, 2021
through December 17, 2021. Requests EPA Regional offices receive after December 17, 2021 will not be considered for FY 2022 funding. States or tribes that do not submit the request in the appropriate manner may forfeit their ability to receive funds. First time requestors are strongly encouraged to contact their respective Regional EPA
Brownfields contacts, identified in Table 1, prior to submitting their funding request. EPA will consider funding requests up to a maximum of $1.0 million per state or tribe for FY
2022.
Requests submitted by the December 17, 2021 request deadline are preliminary; final cooperative agreement work plans and budgets will be negotiated with the EPA regional offices once final funding allocation determinations are made. As in previous years, EPA will place special emphasis on reviewing a cooperative agreement recipients use of prior section 128a funding in making allocation decisions, and unexpended balances are subject to 40 CFR 35.118 and 35.518 to the extent consistent with this guidance. EPA will also prioritize funding for recipients establishing their response programs.

TABLE 1EPA REGIONAL BROWNFIELDS CONTACTS FOR STATE AND TRIBAL RESPONSE PROGRAMS
Region
State
Tribal
1CT, ME, MA, NH, RI, VT

AmyJean McKeown, 5 Post Office Square, Suite 100 OSRR072, Boston, MA 021093912, Phone 617 9181248, Fax 617 9181294.
John Struble, 290 Broadway, 25th Floor, New York, NY 100071866, Phone 212 637
4291, Fax 212 6373083.
Mike Taurino, 1650 Arch Street 3HS51, Philadelphia, PA 19103, Phone 215 8143371, Fax 215 8143274.
Cindy Nolan, 61 Forsyth Street, SW, 10TH FL
9T25, Atlanta, GA 303038960, Phone 404
5628425, Fax 404 5628788.

AmyJean McKeown, 5 Post Office Square, Suite 100 OSRR072, Boston, MA 021093912, Phone 617 9181248, Fax 617 9181294.
John Struble, 290 Broadway, 25th Floor, New York, NY 100071866, Phone 212 637
4291, Fax 212 6373083.
Mike Taurino, 1650 Arch Street 3HS51, Philadelphia, PA 19103, Phone 215 8143371, Fax 215 8143274.
Cindy Nolan, 61 Forsyth Street, SW, 10TH FL
9T25, Atlanta, GA 303038909, Phone 404
5628425, Fax 404 5628788.

2NJ, NY, PR, VI

3DE, DC, MD, PA, VA, WV

4AL, FL, GA, KY, MS, NC, SC, TN

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