EPA Brownfields Grants

Potential grant applicants are highly encouraged to reach out to the WVDEP Office of Environmental Remediation, the WV Brownfields Assistance Center at Marshall University, and/or the WV Brownfields Assistance Center at West Virginia University (also known as WVU TAB) as soon as they begin considering applying for a grant. Trained and experienced staff can determine eligibility, provide guidance and resources, and assist with researching and preparing applications.

The WVDEP Office of Environmental Remediation collaborates with the WV Brownfields Assistance Centers at Marshall University and West Virginia University to provide grant writing training specific to the EPA Brownfields Grants guidelines throughout the spring and summer, as well as during the annual WV Brownfields Conference held each September.

Visit the WV Brownfields Assistance Centers' website and subscribe to their mailing list to receive announcements on upcoming training opportunities.

A letter acknowledging assessment or remediation activities from the state environmental authority is required to be attached to all proposals for Brownfields Assessment Grants, Brownfields Cleanup Grants, Brownfields Multipurpose Grants, and Brownfields Revolving Loan Fund Grants. The WVDEP Office of Environmental Remediation issues these letters for all West Virginia applicants.

Note that letters regarding applications from prior years are not acceptable. If an applicant is applying for multiple types of grants, only one letter outlining all relevant grant activities is needed.

Request Form

In order to accommodate all applicants in a timely manner, WVDEP developed a Brownfield Grant Letter Request Form that outlines basic information needed in order to provide a letter. Applicants should complete the form to the best of their ability and ensure that information provided is thorough and accurate. If WVDEP has any questions while compiling the letter, questions will be directed to the proposal contact person listed.

• WVDEP Brownfield Grant Letter Request Form

Request Submittal

All completed request forms must be e-mailed to DEPBrownfieldsAssessment@wv.gov for processing.

Submission of a request form should occur at least two (2) weeks prior to the grant proposal submission deadline. If an entity intends to submit the proposal prior to the deadline (which is suggested), the desired receipt date for the state environmental authority letter must be specified within the request email.

When EPA Brownfields Grant funding is used on sites with petroleum contamination, a petroleum site eligibility determination letter from the WVDEP Office of Environmental Remediation is required. These determination letters are attached to EPA Brownfields Cleanup Grant applications and EPA Multipurpose Grant applications. Additionally, these letters are required to be submitted with EPA Property Approval Questionnaires prior to completing any work on petroleum contaminated sites through an EPA Brownfields Assessment Grant.

Petroleum site eligibility determination letter requests can be submitted to DEPBrownfieldsAssessment@wv.gov with the following information:

Current and Immediate Past Owners

Identify the current and immediate past owner of the site. Alternatively, if one or more underground storage tank (UST) is the source of the petroleum contamination, identify the current and immediate past owner of the UST(s).

Acquisition of Site

Identify when and by what method the current owner acquired the property (e.g., purchase, tax foreclosure, donation, eminent domain).

No Responsible Party for the Clean Up of the Site

Identify whether the current and immediate past owner of the real property (or if one or more UST is the source of the petroleum contamination, identify the current and immediate past owner of the UST(s)):

• Dispensed or disposed of petroleum or petroleum product contamination, or exacerbated the existing petroleum contamination at the site.

• Owned the site (or in the case of UST-related contamination, owned the UST(s)) when dispensing or disposal of petroleum (by others) took place.

• Took reasonable steps with regard to the contamination at the site.

Cleaned Up by a Person Not Potentially Liable

Identify whether the current owner dispensed or disposed of petroleum or petroleum product, or exacerbated the existing petroleum contamination at the site, and whether they took reasonable steps with regard to the contamination at the site

Judgements, Orders, or Third-Party Suites

Provide information that no responsible party is identified as potentially liable for cleaning up the site, through either:

• A judgement rendered in a court of law or an administrative order that would require any person to assess, investigate, or clean up the site

• An enforcement action by federal or state authorities against any part that would require any person to assess, investigate, or clean up the site

• A citizen suit, contribution action, or other third-party claim brought against the current or immediate past owner of the site (or where a UST(s) is involved, the current or immediate past owner of the UST(s)) that would, if successful, require the assessment, investigation, or cleanup of the site.

Subject to RCRA

Identify whether the site is subject to any order under §9003(h) of the Solid Waste Disposal Act.

Financial Viability of Responsible Parties

For any current or immediate past landowners (or, where appropriate, current or immediate past UST owners) identified as responsible for the contamination at the site, provide information regarding whether they have the financial capability to satisfy their obligations under federal or state law to assess, investigate, or clean up the site.