83 FR 29782 - Brownfields Utilization, Investment and Local Development (BUILD) Act
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 123 (June 26, 2018)
Federal Register Volume 83, Issue 123 (June 26, 2018)
| Page Range | 29782-29783 | |
| FR Document | 2018-13719 |
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)] [Notices] [Pages 29782-29783] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13719] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9979-38-OLEM] Brownfields Utilization, Investment and Local Development (BUILD) Act AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Brownfields Utilization, Investment, and Local Development (BUILD) Act was enacted on March 23, 2018 as part of the Consolidated Appropriations Act, 2018. The BUILD Act reauthorized the Environmental Protection Agency's (EPA's) Brownfields Program, and made amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the 2002 Small Business Liability Relief and Brownfields Revitalization Act. These amendments affect brownfields grants, ownership and liability provisions, and State & Tribal Response Programs. The Environmental Protection Agency (EPA) is developing policy and guidance to implement the BUILD Act amendments. As part of this process, the EPA is soliciting comment on three provisions in the BUILD Act: The authority to increase the per-site cleanup grant amounts to $500,000, the new multi-purpose grant authority, and the new small community assistance grant authority. [[Page 29783]] DATES: Comments will be accepted through July 10, 2018. ADDRESSES: Please send any comments to [email protected] no later than July 10, 2018. FOR FURTHER INFORMATION CONTACT: Rachel Lentz, U.S. EPA, (202) 566- 2745, [email protected] or Megan Quinn, U.S. EPA, (202) 566-2773, [email protected]. SUPPLEMENTARY INFORMATION: Publication of this notice will start a two- week comment period for stakeholders to respond to the questions included in this notice. Comments will be accepted through July 10, 2018. EPA expects to develop policy on these three grant programs and incorporate them into the Agency's guidelines for the FY 2019 brownfields grant cycle. Background The Brownfields Utilization, Investment, and Local Development (BUILD) Act was enacted on March 23, 2018 as part of the Consolidated Appropriations Act, 2018. The BUILD Act reauthorized the EPA's Brownfields Program, and made amendments to CERCLA, as amended by the 2002 Small Business Liability Relief and Brownfields Revitalization Act. These amendments affect brownfields grants, ownership and liability provisions, and State & Tribal Response Programs. The EPA is developing policy and guidance to implement the BUILD Act. As part of that process, the EPA is soliciting comment on three provisions in the BUILD Act: The authority to increase the per site cleanup grant amounts to $500,000, the new multi-purpose grant authority, and the new small community assistance grant authority. Cleanup Grant Policy The BUILD Act amended CERCLA Section 104(k)(3)(A)(ii) to increase the ceiling for brownfields cleanup grant funding from $200,000 to $500,000 per site; eligible entities can request a waiver up to $650,000 per site, based on the anticipated level of contamination, size, or ownership status of the site. The applicant must own the site to expend any resources on cleanup at the site. The Agency's primary concern is one of community access to brownfields cleanup funds. Increasing the amount of single cleanup grants will most likely decrease the total number of grants that may be awarded in any given fiscal year, therefore decreasing the number of brownfield sites cleaned-up and communities served, particularly when annual appropriations remain level or decrease. Given these parameters, the Agency is interested in receiving comments from communities and other stakeholders on the following considerations: 1. If a community receives a $500,000 cleanup grant, how likely is it that the community could meet the 20 percent cost share statutory requirement (CERCLA 104(k)(10)(B)(iii))? How would communities meet the 20 percent cost share requirement? Do stakeholders support a higher per grant funding amount, with cost share requirement of less than 20 percent, even if the result is fewer communities will receive brownfields cleanup grants? 2. In your community's experience, how long does the average brownfield cleanup take to complete? Please provide information on the average length of time, including from the time of state review and approval of a clean-up plan to the time when the brownfield site is ready for reuse. What are the barriers your community experiences in getting a brownfield site cleaned up and ready for reuse? Multipurpose Grant Policy The BUILD Act established a new Multipurpose Brownfield Grant program. Under this new authority, EPA may provide a maximum of $1 million in funding per grant to an eligible entity to inventory, characterize, assess, plan for or remediate one or more brownfield sites within a target area. The statute requires that a Multipurpose Grant recipient own the brownfields property prior to expending grant resources to remediate the property. The grant funding may be made available to a grant recipient for a maximum of five years. While the EPA has authority to award multipurpose grants up to $1,000,000, the EPA is considering piloting the grants at no more than $700,000. Given these parameters, the Agency is interested in receiving comments from communities and other stakeholders on the following considerations: 1. Do communities most need funding for brownfields inventory, planning, site assessment or site remediation activities? 2. Do communities typically have in place an ``overall plan for revitalization of the one or more brownfields within the proposed area in which the multipurpose grant will be used'' or would they most likely need to create this plan using multipurpose grant funds? 3. What is a reasonable number of accomplishments (e.g., brownfields site assessments and site cleanups) to expect from a grant recipient that receives a $700,000 multipurpose grant over a five-year grant period? 4. What complications and barriers will affect a grant recipient's ability to achieve these accomplishments? 128(a) Small Grant Policy The BUILD Act added a new authority for the EPA to make grants to states and tribes to provide training, technical assistance or research assistance to support a small or disadvantaged community up to $20,000 per community. Site specific assessment and cleanup activities are not allowable expenditures under this grant authority. The EPA is developing further guidance on (1) the types of activities that are eligible expenses (including examples of such activities) and (2) the evaluation criteria that the EPA will use for evaluating and selecting proposals. Accordingly, the EPA is soliciting comment on the following issues: 1. The EPA anticipates that state and tribes may provide the following activities to small and disadvantaged communities under this grant: Brownfields outreach and education, technical support, economic or market analyses to support the identification of reuse options for a brownfield site, the implementation or use of the EPA's Land Revitalization tools, and preparation of a needs assessment for developing a Tribal Response Program. What other types of activities should be considered as eligible expenditures under this grant program? 2. The EPA plans to include the following evaluation criteria for proposals submitted under this grant program: Description of the target community, description/purpose of the proposed project, expected outcomes, description of key activities, what entity will be conducting the activities (e.g., state, tribe, contractor), leveraged resources being provided (as necessary), approximate timeline for completing the eligible activities, the amount of funding requested, an explanation of why existing state and tribal funding is inadequate to conduct or complete the eligible activities, and a demonstration of support from the community that will benefit from the funded activity. What other types of evaluation criteria may be useful for the EPA to use when evaluating proposals and selecting grant recipients? Dated: June 6, 2018. David R. Lloyd, Director, Office of Brownfields and Land Revitalization, Office of Land and Emergency Management. [FR Doc. 2018-13719 Filed 6-25-18; 8:45 am] BILLING CODE 6560-50-P
![29782 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices
Description: § 4(d) Rate Filing: Methanol Plant located in St. James, St. Control Technology (Claim IV); claims
Negotiated Rate Service Agreement— James Parish, Louisiana. of permit condition unenforceability
EQT Energy, LLC 6–19–2018 to be ADDRESSES: The EPA requests that you (Claim V); claims of unenforceability of
effective 6/19/2018. contact the individual listed in the FOR emissions limits that apply to the boiler
Filed Date: 6/18/18. FURTHER INFORMATION CONTACT section to (Claim V.A), the Reformer Vent (Claim
Accession Number: 20180618–5038. view copies of the final Order, the V.B), the flare (Claim V.D), the crude
Comments Due: 5 p.m. ET 7/2/18. Petition, and other supporting methanol tank (Claim V.E), the cooling
The filings are accessible in the information. You may review copies of towers (Claim V. G), from miscellaneous
Commission’s eLibrary system by the final Order, the Petition, and other fired sources (Claim V.F), including
clicking on the links or querying the supporting information at the EPA CO2e emissions from such fired sources
docket number. Region 6 Office, 1445 Ross Avenue, (Claim V.C). On May 29, 2018, the EPA
Any person desiring to intervene or Suite 700, Dallas, TX 75202. You may Administrator issued an Order denying
protest in any of the above proceedings view the hard copies Monday through the Petitions. The Order explains the
must file in accordance with Rules 211 Friday, from 9 a.m. to 3 p.m., excluding basis for EPA’s decision.
and 214 of the Commission’s federal holidays. If you wish to examine Sections 307(b) and 505(b)(2) of the
Regulations (18 CFR 385.211 and these documents, you should make an CAA provide that a petitioner may
385.214) on or before 5:00 p.m. Eastern appointment at least 24 hours before the request judicial review of those portions
time on the specified comment date. visiting day. Additionally, the final of an order that deny issues in a
Protests may be considered, but Order and Petition are available petition. Any petition for review shall
intervention is necessary to become a electronically at: https://www.epa.gov/ be filed in the United States Court of
party to the proceeding. title-v-operating-permits/title-v-petition- Appeals for the appropriate circuit no
eFiling is encouraged. More detailed database. later than August 27, 2018.
information relating to filing FOR FURTHER INFORMATION CONTACT: Brad Dated: June 15, 2018.
requirements, interventions, protests, Toups, EPA Region 6, by phone (214) Anne Idsal,
service, and qualifying facilities filings 665–7258, or email at toups.brad@
can be found at: http://www.ferc.gov/ Regional Administrator, Region 6.
epa.gov. [FR Doc. 2018–13652 Filed 6–25–18; 8:45 am]
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676 SUPPLEMENTARY INFORMATION: The CAA BILLING CODE 6560–50–P
(toll free). For TTY, call (202) 502–8659. affords the EPA a 45-day period to
review and object to, as appropriate,
Dated: June 20, 2018. operating permits proposed by state ENVIRONMENTAL PROTECTION
Nathaniel J. Davis, Sr., permitting authorities under title V of AGENCY
Deputy Secretary. the CAA. Section 505(b)(2) of the CAA
[FRL–9979–38–OLEM]
[FR Doc. 2018–13663 Filed 6–25–18; 8:45 am] authorizes any person to petition the
BILLING CODE 6717–01–P EPA Administrator to object to a title V Brownfields Utilization, Investment and
operating permit within 60 days after Local Development (BUILD) Act
the expiration of the EPA’s 45-day
ENVIRONMENTAL PROTECTION review period if the EPA has not AGENCY: Environmental Protection
AGENCY objected on its own initiative. Petitions Agency (EPA).
must be based only on objections to the ACTION: Notice.
[FRL–9979–09–Region 6] permit that were raised with reasonable
specificity during the public comment SUMMARY: The Brownfields Utilization,
Clean Air Act Operating Permit Investment, and Local Development
period provided by the state, unless the
Program; Petitions for Objection to (BUILD) Act was enacted on March 23,
petitioner demonstrates that it was
State Operating Permit for South 2018 as part of the Consolidated
impracticable to raise these issues
Louisiana Methanol L.P., St. James Appropriations Act, 2018. The BUILD
during the comment period or unless
Methanol Plant in St. James Parish, Act reauthorized the Environmental
the grounds for the issues arose after
Louisiana Protection Agency’s (EPA’s)
this period.
AGENCY: Environmental Protection EPA received a first petition from the Brownfields Program, and made
Agency (EPA). Petitioners on December 29, 2016 and a amendments to the Comprehensive
ACTION: Notice of final Order on second petition from the same Environmental Response,
Petitions for objection to Clean Air Act Petitioners on August 10, 2017 for the Compensation, and Liability Act
title V operating permit. operating permit issued on June 30, (CERCLA), as amended by the 2002
2017 to SLM for its Methanol Facility Small Business Liability Relief and
SUMMARY: The Environmental Protection located in St. James Parish, Louisiana. Brownfields Revitalization Act. These
Agency (EPA) Administrator signed an The Petitioners requested that the amendments affect brownfields grants,
Order dated May 29, 2018 denying a Administrator object to the proposed ownership and liability provisions, and
Petition dated December 29, 2016 and a operating permit issued by the LDEQ to State & Tribal Response Programs. The
Petition dated August 10, 2017 from the SLM based on eight primary claims in Environmental Protection Agency (EPA)
Louisiana Environmental Action the Petition. The claims are described in is developing policy and guidance to
Network and the Sierra Club detail in Section IV of the Order. In implement the BUILD Act amendments.
(collectively, the Petitions and summary, the issues raised include: As part of this process, the EPA is
sradovich on DSK3GMQ082PROD with NOTICES
Petitioners, respectively). The Petitions Matters properly addressable through soliciting comment on three provisions
requested that the EPA object to the preconstruction permit requirements, in the BUILD Act: The authority to
Clean Air Act (CAA) title V operating such as the establishment of proper increase the per-site cleanup grant
permit 1560–00292–V1 issued on June preconstruction emission limits and amounts to $500,000, the new multi-
30, 2017 by the Louisiana Department of standards (various claims, introduction purpose grant authority, and the new
Environmental Quality (LDEQ) to South to Order Section IV); claims concerning small community assistance grant
Louisiana Methanol, L.P. (SLM) for its the failure to require Best Available authority.
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![Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29783
DATES: Comments will be accepted Given these parameters, the Agency is $700,000 multipurpose grant over a five-
through July 10, 2018. interested in receiving comments from year grant period?
ADDRESSES:Please send any comments communities and other stakeholders on 4. What complications and barriers
to BUILDAct@epa.gov no later than July the following considerations: will affect a grant recipient’s ability to
10, 2018. 1. If a community receives a $500,000 achieve these accomplishments?
cleanup grant, how likely is it that the 128(a) Small Grant Policy
FOR FURTHER INFORMATION CONTACT: community could meet the 20 percent
Rachel Lentz, U.S. EPA, (202) 566–2745, cost share statutory requirement The BUILD Act added a new authority
lentz.rachel@epa.gov or Megan Quinn, (CERCLA 104(k)(10)(B)(iii))? How for the EPA to make grants to states and
U.S. EPA, (202) 566–2773, would communities meet the 20 percent tribes to provide training, technical
quinn.megan@epa.gov. cost share requirement? Do stakeholders assistance or research assistance to
SUPPLEMENTARY INFORMATION: support a higher per grant funding support a small or disadvantaged
Publication of this notice will start a amount, with cost share requirement of community up to $20,000 per
two-week comment period for less than 20 percent, even if the result community. Site specific assessment
stakeholders to respond to the questions is fewer communities will receive and cleanup activities are not allowable
included in this notice. Comments will brownfields cleanup grants? expenditures under this grant authority.
be accepted through July 10, 2018. EPA 2. In your community’s experience, The EPA is developing further guidance
expects to develop policy on these three how long does the average brownfield on (1) the types of activities that are
grant programs and incorporate them cleanup take to complete? Please eligible expenses (including examples of
into the Agency’s guidelines for the FY provide information on the average such activities) and (2) the evaluation
2019 brownfields grant cycle. length of time, including from the time criteria that the EPA will use for
of state review and approval of a clean- evaluating and selecting proposals.
Background Accordingly, the EPA is soliciting
up plan to the time when the brownfield
The Brownfields Utilization, site is ready for reuse. What are the comment on the following issues:
Investment, and Local Development barriers your community experiences in 1. The EPA anticipates that state and
(BUILD) Act was enacted on March 23, getting a brownfield site cleaned up and tribes may provide the following
2018 as part of the Consolidated ready for reuse? activities to small and disadvantaged
Appropriations Act, 2018. The BUILD communities under this grant:
Multipurpose Grant Policy Brownfields outreach and education,
Act reauthorized the EPA’s Brownfields
Program, and made amendments to The BUILD Act established a new technical support, economic or market
CERCLA, as amended by the 2002 Small Multipurpose Brownfield Grant analyses to support the identification of
Business Liability Relief and program. Under this new authority, EPA reuse options for a brownfield site, the
Brownfields Revitalization Act. These may provide a maximum of $1 million implementation or use of the EPA’s
amendments affect brownfields grants, in funding per grant to an eligible entity Land Revitalization tools, and
ownership and liability provisions, and to inventory, characterize, assess, plan preparation of a needs assessment for
State & Tribal Response Programs. The for or remediate one or more brownfield developing a Tribal Response Program.
EPA is developing policy and guidance sites within a target area. The statute What other types of activities should be
to implement the BUILD Act. As part of requires that a Multipurpose Grant considered as eligible expenditures
that process, the EPA is soliciting recipient own the brownfields property under this grant program?
comment on three provisions in the prior to expending grant resources to 2. The EPA plans to include the
BUILD Act: The authority to increase remediate the property. The grant following evaluation criteria for
the per site cleanup grant amounts to funding may be made available to a proposals submitted under this grant
$500,000, the new multi-purpose grant grant recipient for a maximum of five program: Description of the target
authority, and the new small years. While the EPA has authority to community, description/purpose of the
community assistance grant authority. award multipurpose grants up to proposed project, expected outcomes,
$1,000,000, the EPA is considering description of key activities, what entity
Cleanup Grant Policy piloting the grants at no more than will be conducting the activities (e.g.,
$700,000. state, tribe, contractor), leveraged
The BUILD Act amended CERCLA
Given these parameters, the Agency is resources being provided (as necessary),
Section 104(k)(3)(A)(ii) to increase the
interested in receiving comments from approximate timeline for completing the
ceiling for brownfields cleanup grant
communities and other stakeholders on eligible activities, the amount of funding
funding from $200,000 to $500,000 per
the following considerations: requested, an explanation of why
site; eligible entities can request a
1. Do communities most need funding existing state and tribal funding is
waiver up to $650,000 per site, based on
for brownfields inventory, planning, site inadequate to conduct or complete the
the anticipated level of contamination,
assessment or site remediation eligible activities, and a demonstration
size, or ownership status of the site. The
activities? of support from the community that will
applicant must own the site to expend
benefit from the funded activity. What
any resources on cleanup at the site. 2. Do communities typically have in
other types of evaluation criteria may be
The Agency’s primary concern is one of place an ‘‘overall plan for revitalization
useful for the EPA to use when
community access to brownfields of the one or more brownfields within
evaluating proposals and selecting grant
cleanup funds. Increasing the amount of the proposed area in which the
recipients?
single cleanup grants will most likely multipurpose grant will be used’’ or
sradovich on DSK3GMQ082PROD with NOTICES
decrease the total number of grants that would they most likely need to create Dated: June 6, 2018.
may be awarded in any given fiscal year, this plan using multipurpose grant David R. Lloyd,
therefore decreasing the number of funds? Director, Office of Brownfields and Land
brownfield sites cleaned-up and 3. What is a reasonable number of Revitalization, Office of Land and Emergency
communities served, particularly when accomplishments (e.g., brownfields site Management.
annual appropriations remain level or assessments and site cleanups) to expect [FR Doc. 2018–13719 Filed 6–25–18; 8:45 am]
decrease. from a grant recipient that receives a BILLING CODE 6560–50–P
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Document Created: 2018-06-26 00:52:12
Document Modified: 2018-06-26 00:52:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments will be accepted through July 10, 2018. | |
| Contact | Rachel Lentz, U.S. EPA, (202) 566- 2745, [email protected] or Megan Quinn, U.S. EPA, (202) 566-2773, [email protected] | |
| FR Citation | 83 FR 29782 |
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