Tribal Utilization of the Brownfields Programs in Region 8

1. Tribal Utilization of the Brownfields Programs in Region 8 Rural and Small Communities Program April 30, 2004 Discovery Center � Kansas City, MO Laura M. Dellinger Midwest Assistance Program, Inc.

2. Quick facts on Brownfields Began in 1995 as EPA�s Brownfields Initiative Legal definition: A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

3. Quick facts II In 2002, Brownfields Revitalization Act: Public Law 107-118 (H.R. 2869) - "Small Business Liability Relief and Brownfields Revitalization Act" This revision expanded EPA's assistance by providing new tools for the public and private sectors to promote sustainable brownfields cleanup and reuse. Following are some changes the new law made to the program�

4. Changes the new law made� Broadened the entities eligible for funding Permits the award of cleanup grants to eligible entities, including nonprofit organizations, that own the property they wish to clean up (EPA has adopted a definition of nonprofit organizations that includes universities and other nonprofit educational institutions) EPA will continue its policy of accepting proposals from �coalitions,� or groups of eligible entities, to pool their revolving loan capitalization grant funds Defines a brownfield site broadly, but does exclude certain sites from funding eligibility unless EPA makes a property-specific determination to fund

5. Changes II Allowed EPA to award brownfield grant funds for activities at petroleum-contaminated sites that: EPA or the state determines are of �relatively low risk� compared with other petroleum-contaminated sites in the state EPA or the state determines have no viable responsible party and that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site Are not subject to a Resource Conservation and Recovery Act (RCRA) �9003(h) order. (EPA must make available 25 percent of the total grant funds for assessment and/or cleanup of petroleum-contaminated sites)

6. The key change for tribes� Originated primarily as an urban blight remedy, now rural areas included so Brownfields sites can be: Open dumps or littered areas Abandoned houses or mobile homes Closed / abandoned commercial or industrial sites Any site with potential environmental concerns for which a community can & will present a plan for alternative use (even if only as new �greenspace�)

7. Brownfield grant categories (competitive) Assessment: provide funding for brownfield inventories, planning, environmental assessments, and community outreach. Cleanup: provide direct funding for cleanup activities at certain properties with planned greenspace, recreational, or other nonprofit uses. Revolving Loan Fund: provide funding to capitalize loans that are used to clean up brownfields. Job Training: provide environmental training for residents of brownfields communities.

8. Brownfields grant categories -non-competitive Targeted Brownfield Assessments: Non-competitive Money already encumbered Limited pool for smaller projects (usually in $30K to $45K range) EPA in-house contractor usually does work, no $$ actually transferred Application �form� is a short, simple outline; application usually runs 3-4 pages Can be give-and-take, adjustments on the fly, even impromptu addition of sites, if funding enough to cover

9. Brownfields grant categories -non-competitive II State and Tribal Response Programs: EPA can provide up to $50 million per year to states and tribes. In 2003, almost $50 million distributed among 50 states, 30 tribes, the District of Columbia, and the Virgin Islands. Recipients must establish or enhance a response program that includes, or is taking reasonable steps to include, the four elements of a response program Timely survey and inventory of brownfield sites Oversight and enforcement authorities or other mechanisms and resources Mechanisms for approval of a cleanup plan and verification and certification that cleanup is complete Mechanisms and resources to provide meaningful opportunities for public participation Can also be used to capitalize a revolving fund for cleanup, purchase environmental insurance, or develop other insurance mechanisms to provide financing for cleanup activities.

10. What are Region 8 tribes doing? Assiniboine & Sioux Tribes (Fort Peck) Tribal Response Program (2003) Blackfeet Tribe Assessment Grant (2003) Tribal Response Program (2003) Targeted Brownfields Assessment (2003) one facility, one dump Cheyenne River Sioux Tribe Tribal Response Program (2003) Targeted Brownfields Assessment (2003) one dump Confederated Salish & Kootenai Tribes Tribal Response Program (2003)

11. What are Region 8 tribes doing? Crow Tribe Assessment Grant (2000) Montana Tech received a Job Training Grant to train Crow Tribe (2002) Tribal Response Program (2003) Crow Creek Sioux Tribe Targeted Brownfields Assessment (2003) two landfills, one dump Eastern Shoshone Tribe and (Northern) Arapahoe Tribe Tribal Response Program (2003)

12. What are Region 8 tribes doing? Gros Ventre & Assiniboine Tribes (Fort Belknap) Assessment (2001) Job Training (2003) Tribal Response Program (2004) Targeted Brownfields Assessment (2003) one dump Lower Brule Sioux Tribe Assessment (2003) Tribal Response Program (2003) Targeted Brownfields Assessment (2003) - two dumps, one facility

13. What are Region 8 tribes doing? Oglala Sioux Tribe Tribal Response Program (2003) Targeted Brownfields Assessment (2003) - two landfills Rosebud Sioux Tribe Tribal Response Program (2003) Sisseton-Wahpeton Oyate Tribal Response Program (2003) Targeted Brownfields Assessment (2003) four dumps

14. What are Region 8 tribes doing? Southern Ute Indian Tribe Tribal Response Program (2003) Spirit Lake Tribe Assessment (1999) Job Training (2001) Tribal Response Program (2003) Targeted Brownfields Assessment (2003) two landfills, one dump Standing Rock Sioux Tribe Targeted Brownfields Assessment (2003) one facility Tribal Response Program (2004)

15. What are Region 8 tribes doing? Three Affiliated Tribes Tribal Response Program (2003) Turtle Mountain Band of Chippewas Assessment (1998) Assessment Supplemental (2000) Job Training (2000) Tribal Response Program (2003) Targeted Brownfields Assessment (2003) one landfill/mold housing project Targeted Brownfields Assessment (2003) one contamination/structural analysis for several facilities

16. What are Region 8 tribes doing? Ute Indian Tribe Tribal Response Program (2003) Ute Mountain Ute Tribe Tribal Response Program (2003) Targeted Brownfields Assessment (2003) one facility Yankton Sioux Tribe Assessment (2000) Tribal Response Program (2003)

17. Who�ve we missed so far? Chippewa Cree Tribe Box Elder, Montana Flandreau Santee Sioux Tribe Flandreau, South Dakota Northern Cheyenne Tribe Lame Deer, Montana Northwestern Band of Shoshoni Nation Brigham City, Utah Paiute Indian Tribes of Utah Cedar City, Utah Skull Valley Band of Goshute Indians Salt Lake City, Utah

18. Tribal Response Programs Refresher on the four elements of a response program Timely survey and inventory of brownfield sites Oversight and enforcement authorities or other mechanisms and resources Mechanisms for approval of a cleanup plan and verification and certification that cleanup is complete Mechanisms and resources to provide meaningful opportunities for public participation

19. TRP program points Matching funds not required Not pass/fail, negotiations of workplan to final form is part of process Similar to block grant money; can create own list of goals and tasks toward addressing the four elements Can fund positions, equipment, supplies, vehicles, services, training and other things not usually considered allowable in other types of grants Can be structured to allow overlap and cooperation between Brownfields, Solid Waste and Environmental programs and activities

20. What�s being funded? Staff positions: Brownfields coordinator, Public Information/Grants coordinators, summer interns Office equipment: computers, copiers, printers, PDAs, software Field equipment: GPS units, safety suits, goggles, gloves, freon extraction units Program enhancements: Native speakers to translate public record and outreach materials, web pages, webmaster services, supplies for community feeds, newsletter printing, promotional materials Staff training: open dump assessment, freon removal, database management, time and task management

21. Thank you for your kind attention to this information Laura M. Dellinger, Rural Development Specialist Midwest Assistance Program P.O. Box 3681 Rapid City, SD 57709-3681 605-716-0202 (phone) 605-716-0203 (fax) 605-391-1895 (cell) (lauramd6@juno.com)