Cleanup and Technical Assistance/Brownfields: U.S. Environmental Protection Agency Announces $3 Million in Funding (Including Three Arkansas Selectees)

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) announced in a May 25th news release that it is providing $215 million to expedite the assessment and cleanup of Brownfield sites.

EPA states it selected 262 communities to receive 267 grants in competitive EPA Brownfields funding through the Multipurpose, Assessment, Revolving Loan Fund, and Clean up (“MARC”) Grant Programs.

Arkansas communities selected for grants include:

Arkansas Planning and Development District, Inc.

Assessment

$ 500,000

Arkansas Planning and Development District, Inc.

Assessment

$ 500,000

Westminster Village of the Mid-South, Blytheville, AR

Cleanup

$1,000,000

The federal government in many states (including Arkansas) have statutes, regulations, and policies that are intended to address “Brownfields.” Brownfields are often referred to as real property (improved and unimproved), the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants.

Incentive provisions, funding programs, liability exemptions, and action/cleanup standards have been utilized for a number of years to attempt to reduce the barriers for reuse or redevelopment of Brownfield properties. The goal of the Brownfield programs is to encourage redevelopment and investment in such properties to increase the local tax base, facilitate job growth, utilize existing infrastructure, encourage infield use, and take pressure off greenspace.

EPA also announced $45 million in non-competitive supplemental funding to 22 Revolving Loan Fund Grant programs which is intended to expedite their work at sites to extend the capacity of the program to provide more funding for additional cleanups. In addition, five Brownfield Technical Assistance providers and three recipients of Brownfield Research Grants are receiving $55 million to strengthen technical assistance.

The funding is stated to be derived from the Bipartisan Infrastructure Law.

A link to the list of selected sites can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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