EPA brownfield site eligibility: What you should know

Brownfield redevelopment is integral to improving the economic and environmental conditions across a community. Whether the site is residential, commercial or industrial, brownfields are characterized by the presence or potential presence of hazardous substances, pollutants or contaminants.

To support municipal environmental revitalization efforts, the U.S. Environmental Protection Agency (EPA) started the Brownfields Program in 1995. Assessment grants, revolving loan fund grants, cleanup grants and area-wide planning grants facilitate the sustainable cleanup and brownfield redevelopment.

To secure an EPA grant to revitalize brownfield sites in your community, you must submit information about the site, its ownership and previous uses, regulatory status, responsible parties and more. Determining EPA brownfield site eligibility can be a tedious process, and partnering with an expert can help you navigate it to ensure successful outcomes.

EPA brownfield site eligibility

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) specifies three types of properties potentially eligible for funding. They are:

Sites contaminated by illegal controlled substances. This includes properties used to manufacture or distribute methamphetamine or other illegal drugs.
Sites contaminated by petroleum or petroleum products. Such sites contain hazardous substances normally mixed with or added to crude oil or crude oil fractions during the refining process.
Mine-scarred land. These sites include land, water and surrounding watersheds where there is ore and mineral extraction, beneficiation or processing.

Sites potentially eligible for brownfield grants

Public-, private- or tribal-owned land within the U.S.

Land where real or potential contamination from hazardous substances has affected property reuse.

Land that converts brownfields into community greenspaces like parks or urban gardens.

Environmental justice areas where redevelopment projects benefit the neighborhood and avoid physical or cultural displacement.

Areas where a unit of government, a nonprofit organization or a community organization commits to completing a brownfield redevelopment.

Places where the applicant is not a party responsible for contamination.

Places where community support spurs brownfield redevelopment.

Sites and entities not eligible for brownfield grant funding

Some properties are ineligible for brownfields grant funding under CERCLA. You should not apply for brownfields grants if:

The site is listed on the National Priorities List (NPL). The NPL contains superfund sites with known releases of hazardous substances, pollutants or contaminants.
The site is subjected to court orders and administrative orders.
The site is owned or controlled by the federal government, such as formerly decommissioned defense sites.
The site is targeted for enforcement.
The site has liable entities for contamination, where grant funding would be used for remediation

Entities eligible for brownfield grants

In addition to the EPA brownfield site eligibility, you should also determine your eligibility as an entity for funding. The following entities are potentially eligible for brownfields grants.

Local governments (county, municipality, city, town, township, school district, local public authority, etc.).
Land clearance authorities.
Government entities created by state legislature
Regional councils.
Redevelopment agencies.
Nonprofit organizations.
Limited liability corporations or partnerships.
Qualified community development entities.

Determining your site's eligibility for brownfield grants is a detailed and time-intensive process. Partner with Fehr Graham to facilitate the timely submission of grant applications and the required additional information..

How Fehr Graham can help determine brownfield site eligibility

At Fehr Graham, we help at every stage of redevelopment. We’ll conduct environmental assessments after land transactions to develop remediation plans, secure funding and address regulatory issues. Let’s team up and transform empty industrial and commercial sites into useful spaces for your community. We’re proud of our work. Check out this list of our brownfield projects to discover what we can do for you.

Our multidisciplinary team has helped secure more than $7 million in funding to redevelop brownfield sites in communities across Illinois, Iowa and Wisconsin. When it comes to ensuring successful outcomes for your brownfield redevelopment projects, Fehr Graham is your one-stop solution.

To learn how Fehr Graham can help you determine EPA brownfield site eligibility, contact us or call 630.897.4651.

Lynn Smith, PG, has more than two decades of experience navigating a wide variety of projects, from environmental due diligence and waste management to regulatory investigations and asbestos abatement. She has a knack for project and program management, real estate consultation and seamless client engagement. Contact her atThis email address is being protected from spambots. You need JavaScript enabled to view it.