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The United States Environmental Protection Agency (“EPA”) published a March 15th Federal Register notice regarding the availability of supplemental funds for the Revolving Loan Fund (“RLF”) capitalization grants:

. . .previously awarded competitively under Section 104(k)(3) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”).

See 83 Fed. Reg. 11515.

Section 104(k) of CERCLA authorizes federal financial assistance for Brownfields revitalization, including grants for assessment, cleanup and job training. The statutory provision provides EPA the ability to award grants to eligible entities to capitalize RLFs and provide loans and subgrants for Brownfields cleanup.

EPA states that Section 104(k)(4)(A)(ii) authorizes the agency to make additional grant funds available to RLF grantees for any year after the year for which the initial grant is made (noncompetitive RLF supplemental funding) taking into consideration several criteria.

EPA states that it plans to make approximately $7 million available to provide supplemental funds to RLF capitalization grants previously awarded competitively under Section 104(k)(3) of CERCLA. Brownfields cleanup RLF pilots awarded under Section 104(d)(1) of CERCLA that have not transitioned to Section 104(k)(3) are stated to be ineligible for the funds. Further, the agency states it will consider awarding supplemental funding only to RLF grantees who have demonstrated an ability to deliver programmatic results by making at least one loan or subgrant.

A copy of the Federal Register notice can be downloaded here.