1 October 4, 2012 Megan Quinn, U.S. EPA Office of Brownfields and Land Revitalization (OBLR) Joe...

transcript

October 4, 2012

Megan Quinn, U.S. EPAOffice of Brownfields and Land Revitalization (OBLR)

Joe Ferrari, U.S. EPA, Region 1

Karla Auker and Mike Gifford, U.S. EPA, Region 5

Ryan Smith, U.S. EPA, OBLR

EPA’s Brownfields Revolving Loan Fund Program

RLF Webinar Series: Overview of RLF Policies and Terms & Conditions

Webinar Agenda

• Overview of RLF Policies• Project Period• 40/60 or 50/50 subgrant/loan ratio and Waivers• Program Income• Loan Discount• Closeout• Insufficient Capacity

• Overview of Key Terms & Conditions

RLF Policies

1. Project Period Original grant is 5 years, with options to extend upon

receipt of Supplemental Funding

Sufficient Progress – within 2 years must have made 1 loan or subgrant or hired key personnel, established/marketed RLF, developed a loan or subgrant

Supplemental funding only adds 2 years to your grant and should be spent expeditiously

RLF Policies

2. Making Loans & Subgrants EPA encourages grantees to pursue loans whenever possible

Loan/Subgrant Split50% of funds to loans & up to 50% of funds to subgrants – CARs

may amend T&Cs if 60/40 splitSubgrants limited to $200,000 per siteCAR can request a waiver of the 50/50 split CAR can request a waiver of the $200,000 per site limit

When requesting waivers you must include: project description, jobs numbers, leveraged funding and other economic/non- economic benefits

RLF Policies

3. Program Income Program income includes repayments, loan interest, account

interest, fees, and RLF operations

CAR can use program income from fees, loan interest and other income from programmatic operations to meet cost share – cannot use loan principle to meet cost share

CAR must request a waiver to keep program income after closeout or to spend unobligated grant balance prior to program income

CAR must use post-closeout program income in accordance with negotiated closeout agreement for brownfields activities

RLF Policies

4. Discounted Loans

CAR can discount loans up to 30% not to exceed $200k per site (e.g., $600k loan w/ 30% discount is $180k principal forgiven)

Cannot discount loans to private entities

RLF Policies

5. Closeout Policy & Program Income Two criteria for closeout

Final payment of funds to the CAR Completion of all cleanup activities funded by grant

Post-closeout program income (PI) can be kept if CAR requests a waiver from EPA Waiver must include a statement that PI will be used

for brownfields purposes only (could include continued operation of the RLF)

Closeout Agreements must be signed by the CAR & CAR must continue reporting to EPA how PI is used

RLF Policies

6. RLF Grantees with Insufficient Capacity Feb 2012 Policy allows non-performing RLF grantees to

close-out and join a performing RLF as a coalition member 75% of deobligated funds will go to performing RLF 25% of deobligated funds are returned to EPA

Goal is to reduce unliquidated obligations and still ensure RLF-funded cleanups continue in non-performing communities

Detailed documentation is required by grantees and region

RLF Terms & Conditions

RLF T&Cs contain seven sections:

I. General Federal RequirementsII. Site/Borrower/Subgrantee EligibilityIII. General Cooperative Agreement Administrative

RequirementsIV. Financial Administration RequirementsV. RLF Environmental RequirementsVI. Revolving Loan Fund RequirementsVII. Disbursement, Payment and Closeout+ Davis Bacon T&Cs

II. Site, Borrower & Subgrant Recipient Eligibility

A. Brownfields Site Eligibility1. CAR to provide site specific information before

incurring costs including: Meets definition of Brownfields site Identity of owner Date of acquisition

B. Borrower/Subgrant Recipient Eligibility1. Subgrants can only be made to eligible entities or non-profit

organizations that own the site

2. Subgrant recipient must own site throughout period of subgrant & CAR cannot subgrant to itself

3. CAR can discount loans up to 30% not to exceed $200k per site & cannot discount loans to private entities

4. CAR cannot loan or subgrant funds to an entity that is potentially liable under CERCLA § 107

B. Borrower/Subgrant Recipient Eligibility (contd.)

5. For petroleum sites, person cleaning up site must not be considered potentially liable for contamination

6. CAR shall maintain documentation supporting the eligibility of sites, borrowers and subgrantees

7. Borrowers and subgrantees must submit information regarding their environmental compliance history at the site and CAR must use this to evaluate business risk

8. An entity that is suspended, debarred or ineligible cannot be a borrower or subgrantee

III. General Cooperative Agreement Administrative Requirements

A. Cooperative Agreement Recipient Roles & Responsibilities1. CAR is responsible for establishing RLF team to implement RLF

Program

2. CAR must have or acquire a Qualified Environmental Professional (QEP) to oversee cleanups

3. CAR shall act as or appoint a Fund Manager to carry out financial management

4. CAR shall have or appoint legal council to review all loans & subgrants

5. CAR is responsible for ensuring borrowers and subgrantees comply with terms and conditions of loans, subgrants, and EPA CA

III. General Cooperative Agreement Administrative Requirements

A. Cooperative Agreement Recipient Roles & Responsibilities (Contd)

6. CAR to report on property specific progress via the ACRES on-line reporting system

CAR must enter data at least quarterly EPA will provide CAR with training on ACRES

IV - Financial Administrative Requirements

A. Eligible Uses of RLF Funds1. Eligible programmatic expenses may include:

a. Site eligibility per CERCLA 104(k)b. Installation of fences, warning signs, or other security or

site control precautionsc. Preparing an Analysis of Brownfields Cleanup Alternatives

(ABCA)d. Ensuring public participation requirements are met

including Community Relations Plane. Establishing an administrative record for each sitef. Removal of drums, barrels, tanks etc that contain/may

contain hazardous substance or petroleum

A. Eligible Uses of the Funds (contd)1. Eligible programmatic expenses may include:

g. Developing a Quality Assurance Project Plan (QAPP)h. Ensuring adequacy of cleanup and overseeing

activities to ensure compliance with Federal & State requirements

i. Ensuring site is secure if borrower/subrantee is unable or unwilling to complete cleanup

j. Purchasing environmental insurancek. Other eligible programmatic costsl. Subgrantee progress reporting

A. Eligible Uses of the Funds (contd)2. Up to 10% of funds can be used by the CAR for program

development and implementation - health monitoring and institutional controls

3. If CAR makes a subgrant to a local government that includes up to 10% for program development and implementation, a term and condition for maintaining adequate records must be included in the subgrant

B. Ineligible Uses of the Funds1. Funds cannot be used for:

a. Pre-cleanup assessment activities (Phase I & II)b. Monitoring and data collection for permits under federal or state

laws unless required by cleanupc. Non-cleanup related construction, demolition, development and

addressing deteriorated drinking water suppliesd. Job training unrelated to site cleanupe. Paying a penalty or finef. Meeting a federal cost share requirement unless allowed by

statutory authorityg. Paying a response cost at a site where the recipient of a loan or

subgrant is liable under CERCLA 107h. Paying a cost of compliance with any federal law not applicable

to the cleanup

B. Ineligible Uses of the Funds (contd) 2. Administrative costs and all indirect costs under OMB Circulars are prohibited

a. Ineligible administrative costs are salaries, benefits, contractual costs, supplies and data processing charges incurred to comply with Uniform Administrative Requirements for Grants in 40 CFR Part 30 or Part 31 and direct costs for grant and subgrant administration not identified in eligible costs

b. See T&C for list of ineligible grant or subgrant administration costs

C. Use of Program Income1. CAR can add and use program income

Program income includes repayments, loan interest, account interest, fees, and RLF operations

2. When transitioning an RLF grant, the program income carries over to the transitioned grant

3. CAR can use program income from fees, loan interest and other program operation income to meet their cost share – not loan principle

C. Use of Program Income (contd)4. CAR must maintain adequate records on use of program

income and return any ineligible costs to the RLF

5. Loans and subgrants made with a combination of direct funding, program income, and/or other funding are subject to these T&Cs

6. CAR must obtain EPA approval on substantive terms of loan and subgrants made entirely with program income

D. Post Cooperative Agreement Program Income1. CAR shall use post-closeout program income in

accordance with negotiated closeout agreement CAR shall maintain records to document compliance EPA may request access to records to verify

V - RLF Environmental Requirements

A. Authorized RLF Cleanup Activities1. CAR shall prepare an analysis of brownfields cleanup

alternatives (ABCA) Include contamination on site, cleanup alternatives including

no action, applicable laws, and proposed cleanup Evaluation of alternatives must include effectiveness,

implementability and cost Cleanup method chosen must be based on this analysis

B. Implementation of RLF Cleanup Activities1. CAR shall ensure adequacy of each RLF cleanup in protecting

human health and the environment and include loan/subgrant T&Cs to allow for changes in cleanup plans based on public comments

V - RLF Environmental Requirements

C. Completion of RLF Cleanup Activities1. CAR shall ensure successful completion of cleanup is

documented as a: Final report or letter from QEP State or Tribal cleanup complete documentation

* There are many other Environmental Requirements documented in your T&Cs – please review

VI - Revolving Loan Fund Requirements

A. Prudent Lending & Subgranting Practices1. CAR to establish economically sound structures,

management and processing procedures to maintain RLF and meet long term lending/subgranting objectives

2. CAR shall not incur costs until work plan is approved by EPA and ensure objectives of workplan are met – activities may include:

a. Consider awarding subgrants competitivelyb. Establish appropriate project selection criteriac. Establish threshold eligibility requirements

VI - Revolving Loan Fund Requirements

A. Prudent Lending & Subgranting Practices (contd)d. Develop formal eligibility protocol for potential

borrowers/subgranteese. Require borrowers and subgrantees to submit

information on their environmental compliance historyf. Establish procedures for handling management and

processing of loans and repaymentsg. Establish procedures for the disbursement of funds to

borrowers and subgrantees*Must include special T&Cs in loan/subgrant agreements –

see T&Cs.

VII - Disbursement, Payment & Closeout

B. Payment Schedule1. EPA to make payments to CAR that minimizes time

between transfer of funds from EPA and when CAR pays borrower/subgrantee Can request payment on actual expense or scheduled

method CAR shall use program income prior to requesting

funds from EPA

C. Methods of Disbursement1. CAR requests payment by means of “actual expense” or

“schedule”a. “Actual expense” is when borrower/subgrantee

submits documentation of expenditure to CAR prior to requesting funds from EPA

b. “Schedule” is based on an agreed amount per a negotiated schedule – CAR must send copy of schedule to EPA

C. Methods of Disbursement (contd)1. CAR requests payment by means of “actual expense” or

“schedule” (contd.)c. If disbursement is made in full at the beginning of a

loan or subgrant, the CAR must show EPA PO that this is required for cleanup and a provision will be added to the loan/subgrant agreement that insures prompt use of funds and any interest is applied to the cleanup

d. Subgrant funds must be distributed per 40 CFR 31.21 or 30.22

D. Schedule for Closeout1. Two criteria for closeout

a. Final payment of funds to the CARb. Completion of all cleanup activities funded by grant

2. First is met when CAR receives all payments from EPA and second is met when all cleanup activities are complete

3. CAR must negotiate a closeout agreement with EPA to govern use of program income received after closeout – Eligible uses are to continue RLF program and/or other brownfields activities

4. Closeout agreement to require all assessments & cleanups be consistent with CERCLA § 107 and site eligibility limitations in these T&Cs

E. Final Requirements1. Within 90 days of the expiration or termination of the

grant, the CAR must submit all requirementsa. CAR must submit the following documentation:

1. Final Report2. Final Federal Financial Report3. Final MBE/WBE Report

b. All property data in ACRES

F. Recovery of RLF Assets1. In case of termination for cause or convenience, CAR

shall return to EPA its fair share of RLF assets as described in this T&C

G. Loan Guarantees2. If the CAR chooses to use RLF funds for loan guarantees,

this section contains the T&Cs that support this approach

Questions?

1 October 4, 2012 Megan Quinn, U.S. EPA Office of Brownfields and Land Revitalization (OBLR) Joe...

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