Program objective

Brownfield sites are 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. The primary objectives of EPA's CERCLA Section 128(a) State and Tribal Response Program grants are to provide financial support to States, US Territories, and Tribal Nations to (1) establish or enhance the four statutory elements of an effective state or Tribal response program, as specified in CERCLA Section 128(a)(2); (2) maintain and update, at least annually, a public record of sites, pursuant to CERCLA Section 128(b), that includes the name and location of sites at which response actions have been completed during the previous year and the name and location of sites at which response actions are planned to be addressed in the next year; and (3) conduct a limited number of brownfield site assessments or cleanups that will help establish or enhance the state or Tribal Nation’s response program. Additional funding for the CERCLA 128(a) Grants was authorized by the Infrastructure Investment and Jobs Act (IIJA). Data from grant recipients is collected within the Assessment, Cleanup and Redevelopment Exchange System (ACRES) and used to demonstrate successful implementation of the program. In addition, the CERCLA Section 128(a) grant program provides technical assistance funding for training and research to small communities, Indian tribes, rural communities, and disadvantaged areas as defined in CERCLA Section 128(a)(1)(B)(III)(iv). Certain projects (i.e., primarily cleanup projects) are subject to the Buy America Sourcing requirements under the Build America, Buy America (BABA) provisions IIJA (P.L. 117-58, §§ 70911-70917) when using funds for the purchase of goods, products, and materials on any form of construction, alteration, maintenance, or repair of infrastructure in the United States. The Buy America preference requirement applies to all of the iron and steel, manufactured products, and construction materials used for an infrastructure project under an award identified in EPA’s financial assistance funding programs subject to BABA report. In FY 2025, funding will be prioritized as follows: (1) Funding for program development activities to establish or enhance the four elements of a state or Tribal response program and to enable states and Tribes to comply with the public record requirement in CERCLA Section 128(b)(1)(C), including activities related to institutional controls. States and tribes that have established one or more of the four elements will not be hindered in funding distributions if their workplan includes activities that enhance the four elements. States with Voluntary Cleanup Program Memorandum of Agreement will not be prejudiced in funding distributions if their workplan does not include tasks related to establishing or enhancing the four elements. (2) Funding for program development activities to enhance the response program or the cleanup capacity of a state or Tribal response program. (3) Funding for site-specific activities at eligible brownfield sites. (4) Funding for environmental insurance mechanisms. (5) Funding to capitalize brownfields RLFs. In addition, pursuant to CERCLA Section 128(a)(1)(B)(ii)(III), the program will allocate up to $1.5 M of CERCLA 104(k) funding for technical assistance grants to small communities, Indian tribes, rural areas, or disadvantaged areas to carry out activities described in 42 U.S. Code Section 9604(k)(7)(A). The maximum amount per technical assistance grant is $20,000.