Frequently asked questions

              Oklahoma Department of Environmental Quality
P.O. Box 1677, Oklahoma City, OK 73101-1677
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Frequently Asked Questions [updated 8/3/2011]:
PLEASE NOTE that information on this page is subject to change based on updated federal and
state guidelines as well as applicable rules and regulations.
1. What is a brownfield?
With certain legal exclusions and additions, the term "brownfield site" means real property,
the expansion, redevelopment, or reuse of which may be complicated by the presence or
potential presence of a hazardous substance, pollutant, or contaminant.
In general, a brownfield could be thought of as any piece of property that has lost value
because of the perception that the site might be contaminated.
The term "brownfield site" does not include a site that is listed on the National Priorities List
or is proposed for listing or one that is the subject of investigation or cleanup under federal
authority. [DEQ would have to confer with the U.S. Environmental Protection Agency
regarding eligibility of sites of this nature for funds made available through the American
Recovery and Reinvestment Act].
2. What funds are currently available through DEQ’s Brownfields Program?
The Oklahoma Department of Environmental Quality will award approximately
$900,000 in American Recovery and Reinvestment Act (ARRA) funds as subgrants for the
cleanup of brownfield sites in Oklahoma, through its existing Brownfields Revolving Loan
Fund. The funds are intended to finance the cleanup of shovel-ready Brownfield projects
thereby encouraging redevelopment and creating local jobs in communities across the
state. Local governments and non-profit organizations are eligible for the subgrants.
3. How competitive is the ARRA Subgrant process?
The ARRA subgrant funds are available through a statewide competitive process to eligible
applicants. Eligible applicants will be identified through an eligibility and ranking
process. Please see Question 15 in this document and the DEQ webpage at
www.deq.state.ok.us/LPDnew/brownfindex.html for more information on the criteria
used for evaluation and ranking of subgrant applications.
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Please note that additional information may be requested from the applicant by DEQ before
a final grant award decision is made. If awarded the subgrant, the applicant will be required
to comply with all applicable requirements of the American Reinvestment and Recovery Act,
and applicable appropriate sections of Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), National Contingency Plan (NCP), and applicable
state statutes and regulations.
4. What is the timeline for applying for the subgrant funds?
DEQ will accept completed Statement of Interest applications for subgrants until August
31, 2011. Please see the rest of this document for more information on applying for
subgrants.
5. Can we meet with the DEQ Brownfield Program to discuss the subgrants?
No. The grant application process is currently open. Therefore, DEQ cannot meet
individually with potential applicants since it could or be perceived to give some applicants
an unfair advantage. Instead, questions regarding the funds may be sent to DEQ at the email
address:oklahomabrownfields@deq.gov and this document will be updated as soon as
possible with the appropriate response.
6. What do I need to know to apply for an American Recovery and Reinvestment Act (ARRA)
Brownfields Cleanup subgrant from the DEQ?
o The ARRA Brownfields Cleanup subgrants are intended to fund sites that are READY to
begin cleanup activities i.e. shovel-ready, and have enough secured funding to finish the
cleanup (if required) and redevelop the site [Phase I and Phase II Environmental Site
Assessments of the site should have been completed and the contamination should be
delineated].
o If awarded, a Brownfields Cleanup subgrant from the DEQ RLF, the awardee does not
have to repay the subgrant. There is no “match” required for the ARRA funding.
o The applicant must be an eligible general purpose unit of local government, tribe or a
non-profit organization [“For profit” organizations are not eligible for subgrants. Non-profit
lobby organizations exempt from taxation under section 501(c) of the Internal
Revenue Code are also not eligible]. See Question 11 for more information on eligible
entities.
o The site must satisfy the federal statutory definition of a “brownfield site” [Brownfields
are defined as “real property, the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a hazardous waste substance,
pollutant, or contaminant” *]. Certain sites contaminated with petroleum or petroleum
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products may be eligible for a sub-grant. Grant funds can also be used to clean up mine-scarred
land, biological vectors, and sites contaminated by controlled substances unless
otherwise ineligible.
o The applicant must be the sole owner (fee simple title) of the property that is the
subject of the grant proposal at the time the subgrant is awarded, and must retain
ownership throughout the period of performance of the subgrant.
o The subgrant funds are tied to the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA, aka Superfund). To be eligible for the funds,
the applicants cannot be responsible, under CERCLA, for the cleanup. More information
on CERCLA liability is available at:
· www.epa.gov/superfund/policy/cercla.htm [exits DEQ]
· www.epa.gov/swerosps/bf/aai/aaicerclafs.pdf [exits DEQ]
o If eligible, the applicant can request up to $200,000 as a cleanup subgrant, and funds
will be disbursed on a cost reimbursement basis for eligible and approved expenses.
The subgrantee may request payment from DEQ after it incurs an eligible programmatic
expense and is required to submit documentation of the incurred expense (e.g. invoices)
to the DEQ.
o If awarded a subgrant, the borrower should be prepared and able to meet all federal
and state Recovery Act reporting requirements.
* The Small Business Liability Relief and Brownfields Revitalization Act (2002) 42 USC [9601 §
101(39)]
7. Where can I find the Statement of Interest form in Microsoft Word?
The Statement of Interest form is available in word format at the DEQ webpage:
www.deq.state.ok.us/LPDnew/brownfindex.html
8. How do I know if my project is “shovel-ready”?
Shovel-ready means that you have enough sampling information and design or construction
planning documents to support a cleanup [Phase I and Phase II Environmental Site
Assessments of the site should have been completed and the contamination should be
delineated]. You should already be in contact with the appropriate cleanup program (DEQ,
Oklahoma Corporation Commission, Oklahoma Department of Labor), and the program
should acknowledge that the project is ready for the cleanup stage.
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9. Are ARRA grant funds available for small projects or is the funding solely for large cleanup
projects?
If all the eligibility requirements (see questions 6, 8 and 10 for more information) are met,
both large and small cleanup projects can apply for the grant funds. Eligible applicants can
request up to $200,000 as a cleanup subgrant. If awarded a subgrant, the borrower should
be prepared and able to meet all federal and state Recovery Act reporting requirements (see
question 20 for more information).
10. What non-profit organizations and local government entities are eligible for a
subgrant?
For the purposes of the ARRA Brownfields Cleanup subgrant, the definition of non-profit
organizations as provided in CERCLA § 104(k)(1) or a non-profit as defined in section 4(6) of
the Federal Financial Assistance Management Improvement Act of 1999, Public Law 106-107,
31§USC 6101 will be used.
This law defines non-profit organizations to mean any corporation, trust, association,
cooperative, or other organization that:
a) is operated primarily for scientific, educational, service, charitable, or similar purposes
in the public interest;
b) is not organized primarily for profit; and
c) uses net proceeds to maintain, improve, or expand the operations of the organization.
The definition of “local government” under 40 CFR 31.3, which includes a county,
municipality, city, town, township, local public authority, school district, special
district, intrastate district, council of governments, any other regional or interstate
government entity, or any agency or instrumentality of a local government.
11. What are eligible sites?
An eligible site must meet the federal definition of an eligible brownfield, which is "...real
property, the expansion, redevelopment, or reuse of which may be complicated by the
presence or potential presence of a hazardous substance, pollutant, or contaminant.”
Brownfield sites include all “real property,” including residential, as well as commercial and
industrial properties.
Applicants that own or plan to purchase a contaminated site must qualify for one of the
landowner liability protections (innocent landowner defense, established liability protections
for contiguous property owners and bona fide prospective purchasers of contaminated land)
to be eligible for funding. To qualify for the liability protections, landowners must comply
with certain obligations to take “appropriate care” after purchasing a property, and
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prospective landowners must conduct “all appropriate inquiries” prior to purchasing a
property.
For the purposes of the all appropriate inquiries requirement, a Phase I Environmental Site
Assessment must be conducted or updated within one year prior to the date of acquisition of
the property. In addition, certain aspects of a Phase I assessment must be updated prior to
the date of acquisition, if the Phase I assessment was conducted more than 180 days prior to
the date of acquisition of the property. EPA recognizes both American Society for Testing
and Materials (ASTM) International's E1527-05 "Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process" and ASTM E2247-08
"Standard Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process for Forestland and Rural Property" as compliant with the All
Appropriate Inquiries Regulation. Either of these ASTM International Phase I standards may
be used to satisfy the statutory requirements for conducting all appropriate inquiries under
the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
More information is available at EPA’s All Appropriate Inquiries webpage:
www.epa.gov/brownfields/aai/index.htm [exits DEQ].
There are a number of types of sites that are not eligible for funding without a property-specific
determination made by EPA, and other types of sites that are never eligible for
funding or a property-specific determination.
Sites Not Eligible for funding includes:
o Facilities listed (or proposed for listing) on the National Priorities List.
o Facilities subject to planned or ongoing unilateral administrative orders, court orders,
administrative orders of consent or a judicial consent decree issued to or entered into
by parties under CERCLA.
o Facilities that are subject to the jurisdiction, custody or control of the United States
government. (NOTE: Land held in trust by the United States government for an Indian
tribe is eligible for brownfield funding.)
Sites Not Eligible for funding Without a Property-Specific Determination includes:
o Facilities subject to planned or ongoing CERCLA removal actions.
o Facilities that are subject to unilateral administrative orders, court orders,
administrative orders on consent or judicial consent decree or to which a permit has
been issued by the United States or an authorized state under the Solid Waste
Disposal Act [as amended by the Resource Conservation and Recovery Act (RCRA)],
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the Federal Water Pollution Control Act (FWPCA), the Toxic Substances Control Act
(TSCA), or the Safe Drinking Water Act (SDWA).
o Facilities subject to corrective action orders under RCRA (sections 3004(u) or 3008(h))
and to which a corrective action permit or order has been issued or modified to
require the implementation of corrective measures.
o Facilities that are land disposal units that have filed a closure notification under
subtitle C of RCRA and to which closure requirements have been specified in a closure
plan or permit.
o Facilities where there has been a release of polychlorinated biphenyls (PCBs) and are
subject to remediation under TSCA.
o Portions of facilities for which funding for remediation has been obtained from the
federal Leaking Underground Storage Tank (LUST) Trust Fund.
For further information on each of these types of sites, please read EPA's Frequently Asked
Questions for FY12 Proposal Guidelines, and Appendix 3 in EPA's Proposal Guidelines for
Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants [exits DEQ]
12. Is my site eligible?
DEQ has received several questions as to whether a specific site is eligible for funds. Below
are some questions to ask yourself in order to determine if you may be eligible.
Question Response
Do we own the property? Yes No
Did we conduct a Phase I Environmental Assessment
prior to acquiring the property?
Yes No
Did we make the environmental mess? Yes No
Are we under an enforcement order to clean up the
contamination?
Yes No
Has the property been sampled and do we know the
extent of the contamination?
Yes No
Did we acquire the property by seizure for back taxes,
foreclosure, or eminent domain?
Yes Please see
Question 11 for
more
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information on
the all
appropriate
inquiries
requirement
__________ indicates “Not Eligible” __________ indicates “May be Eligible”
Other issues play into whether you are eligible for a grant. If you appear to be eligible after
answering the questions above, DEQ encourages you to fill out a Statement of Interest. DEQ
will determine eligibility during the selection process.
13. Why do some sites require property-specific determinations to be eligible for funding?
Congress specifically prohibited certain types of sites from the definition of “brownfield site”
in CERCLA § 101(39)(B)0 and, therefore, from eligibility for brownfields funding.
However, Congress listed certain sites that would normally be prohibited from funding, but
could be allowed to be considered for funding if an eligibility determination was made
specific to that site. Property-specific funding determinations will be made based on the
availability of funding and the extent to which loan applicants can provide documentation
that the funds would provide opportunities to protect human health and the environment;
enhance economic development; and/or create or preserve greenspace.
14. How do I apply for an ARRA Brownfields Cleanup subgrant?
A Statement of Interest form (available at www.deq.state.ok.us/LPDnew/brownfindex.html)
should be completed and sent to the DEQ at the following address:
Ms. Subi John
Land Protection Division
Oklahoma Department of Environmental Quality
P.O. Box 1677
Oklahoma City, Oklahoma 73101-1677
or to the following email: oklahomabrownfields@deq.ok.gov
Applicants may include relevant supporting documents e.g. Phase I and Phase II
Environmental Site Assessment reports, Asbestos building inspection or survey reports, Site
redevelopment plans, etc. along with the Statement of Interest form. Please note that
additional information may be requested from the applicant by DEQ before a final subgrant
award decision is made.
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15. What happens after I submit a Statement of Interest form to the DEQ?
Following review of the submitted documents, an eligibility and award determination for a
Brownfields cleanup subgrant will be made by the DEQ. If the application is for a petroleum
subgrant DEQ will confer with the Oklahoma Corporation Commission for a site specific
eligibility determination. If the property requires a specific determination from EPA
regarding eligibility, DEQ will contact EPA for the determination. The criteria used in
evaluation and ranking of a completed Statement of Interest will include:
o The extent to which the subgrant will meet needs of a community that is unable to draw
on other sources of funding for environmental cleanup and subsequent redevelopment
of the area where the brownfield site is located [30 points]
o How the subgrant will be used to protect human health and the environment (15 points)
o The extent to which the cleanup of the site will promote community-wide
redevelopment and revitalization [25 points]
o How the subgrant will facilitate site redevelopment that would be “green” ( i.e., energy
efficient, conserve resources, seek LEED Certification, reuse of existing structures or
infrastructure, reuse demolition materials, etc), or result in creation of a park, greenway
or use of the site for recreation or other non-profit purposes [10 points]
o How the subgrant will create jobs (permanent and temporary) (Please see
www.whitehouse.gov/omb/assets/memoranda_2010/m10-08.pdf for more
information on the calculation of job estimates) [20 points]
The DEQ will notify the applicant of approval/denial of their ARRA Brownfields Cleanup
subgrant application. If denied, the notification will explain that the application was either:
· Determined to be ineligible based on the applicable statute, regulation, or
announcement requirements; or
· Determined to be ineligible based on eligibility criteria in the Statement of Interest
(e.g., applicant is not an eligible entity or your proposed site/project was not eligible
to be funded), or
· Not selected for award after evaluation against the ranking and selection criteria
listed in the Statement of Interest.
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16. Can I get help in responding to the questions on the Statement of Interest form?
DEQ urges applicants to review the Statement of Interest eligibility and ranking criteria
carefully and any supplemental information provided on the DEQ website. Information
provided by the applicant in the Statement of Interest forms will be reviewed, evaluated
objectively, and ranked based on the criteria identified in the form. Applicants are
responsible for making decisions on the content of their proposals. To ensure fairness,
DEQ staff will not meet with individual applicants to discuss draft proposals, provide
informal comments on draft proposals, or provide advice to applicants on how to
respond to ranking criteria. However, applicants may send questions by email to
oklahomabrownfields@deq.ok.gov. DEQ will evaluate those questions and post answers
on the DEQ website in this FAQ document.
17. What happens after the DEQ approves my subgrant request?
o Execution of a subgrant agreement with the DEQ is the next step. In general, subgrant
agreements will include binding terms and conditions that will cover areas such as
complying with all applicable federal and state laws and ensuring that cleanups protect
human health and the environment. Successful subgrant applicants will also be
required to provide their Dun and Bradstreet Data Universal Numbering System
(DUNS) number to the DEQ. Applicants can receive a DUNS number, at no cost, by
calling the toll free number 1-866-705-5711 or by visiting www.dnb.com. DEQ will
work closely with the applicant to process and finalize the subgrant/loan agreement
package.
o The grantee/borrower must enroll their site in the appropriate state cleanup program
(Oklahoma Department of Environmental Quality, Oklahoma Corporation Commission,
or the Oklahoma Department of Labor).
o Grantee/borrower competitively procures contract support to conduct and oversee
cleanup activities at the site (Grantee/borrower should use a full and competitive
process; comply with 40 CFR Part 31.36 for local governments and 30.40 for non profits;
and apply Davis Bacon wage rates for construction, repair and alteration related
contracts – copies of all Davis Bacon paperwork must be submitted to the DEQ).
o Grantee/borrower designates a project spokesperson and location for the site’s
administrative record repository in the county where the site is located. During the life
of the project, a document repository local to the site that allows the public access to all
site documents during normal business hours should be maintained. Copies of all
relevant site or project related documents (e.g. Community Relations Plan, Analysis of
Brownfield Cleanup Alternatives, site investigation reports, Final Cleanup Plan, cleanup
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standards used, responses to public comments, verification of completion of cleanup
etc) should be stored at the administrative record repository.
o Preparation of a draft Community Relations Plan (CRP) by the borrower/grantee for
review and comment by the DEQ and EPA.
[A CRP outlines steps to provide reasonable notice of proposed cleanup, opportunity for
public involvement, response to public comments, and administrative records that are
available to the public. For more information, see
www.deq.state.ok.us/LPDnew/brownfindex.html]
Copies of the final Community Relations Plan must be submitted to the DEQ and made
available for public review at the site’s administrative record repository.
o A draft Analysis of Brownfield Cleanup Alternatives (ABCA) will then be prepared by the
borrower/grantee for the site (Borrower/grantees will have to meet the administrative
requirements of the cleanup program in which they enroll.)
[The purpose of the ABCA is to ensure and document that the appropriate type of
cleanup is selected to address the site. The ABCA must include:
· Information about the site and contamination issues (i.e., contaminants of
concern, exposure pathways, identification of contaminant sources, etc.);
cleanup standards; applicable laws; alternatives considered; and the proposed
cleanup alternative.
· A comparative analysis of the alternatives being considered using the criteria of
effectiveness, implementability and the cost of each alternative. At a minimum,
the ABCA must include a comparison of the proposed cleanup action and the
“no action” alternative. As appropriate, additional cleanup alternatives may be
included in the analysis. The ABCA should discuss whether/ how each
alternative would achieve cleanup standards and applicable laws.
· Identifies the recommended alternative and explains the rationale for its
selection
· For brownfield petroleum-only sites, an ABCA must consider a range of proven
cleanup methods including identification of contaminant sources, exposure
pathways, and an evaluation of corrective measures. The cleanup method
chosen should be based on this analysis.
For more information, see www.deq.state.ok.us/LPDnew/brownfindex.html
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Copies of the final Analysis of Brownfield Cleanup Alternatives document must be made
available to the DEQ and for public review at the site’s administrative record repository.
o Borrower/grantee provides the public with notice of availability of draft Analysis of
Brownfield Cleanup Alternatives and conducts a 30-day public comment period. The
public notice (The DEQ will provide guidance regarding the format of the public notice)
must be published in a newspaper local to the site, identifying the location (s) of the
site���s administrative records repository. The notice must also provide the public with an
opportunity to request a formal public meeting regarding the draft Analysis of
Brownfield Cleanup Alternatives document. For more information, please see
www.deq.state.ok.us/LPDnew/brownfindex.html. The borrower must also provide the
DEQ with the publisher’s affidavit for the notice within 20 days of the date of
publication.
If the DEQ receives a written timely request for a public meeting and decides that there
is significant degree of public interest in the draft Analysis of Brownfield Cleanup
Alternatives plan, a public meeting will be scheduled.
If comments on the ABCA are received during the public comment period or a public
meeting was held in which comments are received, DEQ must then prepare a formal
response to comments after the close of the comment period. If a public meeting is not
requested, and if no comments are received, the final Decision Document is prepared by
the DEQ. A copy of this document must be then made available for public review at the
site’s administrative record repository.
o Borrower/grantees will have to meet the administrative requirements of the cleanup
program in which they enroll.
If a cleanup work plan for the site has already been approved by a state agency, the
applicant should make copies of the final Work Plan available to the DEQ, and for public
review at the site’s administrative record repository.
If grantee/borrower enrolls their site with the DEQ, a draft site cleanup Work Plan
which includes a Quality Assurance Project Plan [For more information, see
www.epa.gov/QUALITY/qapps.html; www.epa.gov/reg3hscd/bf-lr/
granteereporting/qapp.pdf] [exits DEQ]; and Health & Safety Plan along with a budget
of anticipated cleanup activities and costs should be submitted to the DEQ for review
and comment.
o Cleanup is implemented at the site by the borrower. The site/project manager
representing the borrower should conduct periodic visits during the implementation so
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as to ensure compliance with the approved cleanup work plan. Progress of site cleanup
activities should be documented (e.g. with photographs, video etc.) by the borrower.
Employees of the state agency conducting oversight at the site should also be provided
access to the site during cleanup.
o Borrowers must erect a sign on the project site stating that the cleanup at the site is
being financed in part or completely (as appropriate) by the American Recovery and
Reinvestment Act of 2009, and provide the appropriate contacts for obtaining
information on activities being conducted at the site.
[www.epa.gov/ogd/forms/Recovery_emblem_guide_v1%5B1%5D.pdf]
o Funds will be made available to the borrower on a reimbursement basis for eligible
cleanup costs incurred. Requests for reimbursement, along with supporting
documentation/invoices must be submitted to the DEQ.
o Borrowers must comply with all Terms and Conditions of the subgrant agreement,
including those associated with the American Recovery and Reinvestment Act. For more
information on ARRA reporting requirements, see other questions in this document.
o Borrower/grantees will have to meet the administrative requirements of the cleanup
program in which they enroll.
If a Cleanup Report for the site has already been approved by a state agency, the
applicant should make copies of the final approved Cleanup Report available to the
DEQ, and for public review at the site’s administrative record repository.
If a grantee/borrower enrolls their site with the DEQ, a draft Cleanup Report
documenting completion of cleanup and if conditions at the site are protective of
human health and the environment; identifying any engineering and institutional
controls used at the site and long term monitoring requirements; and providing
evidence of achievement of cleanup goals via confirmation sampling in accordance with
the approved Quality Assurance Project Plan should be prepared for review and
comment by the DEQ.
For more information on EPA’s Brownfield Program’s activities under ARRA, see
www.epa.gov/brownfields/eparecovery/index.htm
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18. Are cleanup projects that have already been implemented eligible for these ARRA grant
funds?
No, these funds are intended to fund future cleanup work approved by the appropriate
state cleanup program (Oklahoma Department of Environmental Quality, Oklahoma
Corporation Commission, or the Oklahoma Department of Labor) at an eligible site and not
cleanup work that has already been completed at a site.
19. What are the additional requirements for use of ARRA funds?
Borrowers of ARRA funds must comply with federal and state requirements for use of the
funds such as:
a) Payment of prevailing wage rates (Davis Bacon Act)
b) Buy American provisions (if definition of “infrastructure” applies to project)
c) Regular reporting on the use of the funds
Please see other Questions in this document for more information on Davis Bacon Act
and Buy American requirements.
20. Where can I find more information on the American Recovery and Reinvestment Act of
2009?
EPA’s website on ARRA: www.epa.gov/recovery/index.html
U.S. Government’s Official website: www.recovery.gov/Pages/home.aspx
21. What are some sources of information regarding estimation of the number of jobs created
or jobs retained through the use of ARRA funds?
www.whitehouse.gov/omb/assets/memoranda_2010/m10-08.pdf
www.epa.gov/recovery/supplement2.html
22. What is the Davis-Bacon Act and how does it apply to my project?
The Davis-Bacon Act applies to all construction, alteration, and repair (including painting
and decorating) contracts and sub-contracts awarded with EPA grant funds. For cleanup
activities funded through EPA Brownfields Cleanup and Revolving Loan Fund grants, recent
and applicable wage rates from the U.S. Department of Labor must be incorporated into
construction, alteration, and repair (including painting and decorating) solicitation and
contracts. These locally prevailing wage rates are determined by the U.S. Department of
Labor, and can be accessed in a searchable database at the following addresses:
www.access.gpo.gov/davisbacon/.
www.dol.gov/whd/recovery/index.htm
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The Act covers all contractors and subcontractors performing work on federally-funded
or -assisted construction contracts in excess of $2,000. Some cleanup activities at sites
contaminated by petroleum are not subject to Davis-Bacon Act requirements. Such
activities include site remediation through drilling temporary recovery wells, drawing
out contaminated soil or water, treating the contaminated soil/water on site, removing
the treatment technology and closing recovery wells, and restoration of the area
surrounding tank removal that involves only filling and compaction of soil. For more
information, please see EPA’s fact sheet link below:
www.epa.gov/brownfields/laws/davis_bacon_and_brownfields.pdf
The borrower is responsible for ensuring that all contracts are in compliance with the Davis-
Bacon Act, even if tasks are passed onto to a prime contractor. The borrower should:
a) Ensure that all bid/contract documents must contain applicable wage determinations
and labor provisions.
b) Ensure that the prime and subcontractors submit certified payrolls and post information
on the Davis-Bacon Act and prevailing wage rates
[Oklahoma Department of Labor’s Employment Standards Wage and Hour Unit:
www.ok.gov/odol/Wage_and_Hour/]
c) Conduct onsite interviews with laborers [minimum of once within 2 weeks of initial
payment and once within 2 weeks of final payroll per contractor]
d) Randomly spot-check payrolls/related records [minimum of once within 2 weeks of
initial payment and once within 2 weeks of final payroll per contractor]
e) Report potential violations to the DEQ immediately
f) Maintain all records for 3 years post grant closeout and provide copies of all Davis Bacon
records to DEQ.
g) In case of prevailing State wages vs. Davis Bacon wages: Borrower must pay whichever
wage rates are higher.
More information is available at:
www.epa.gov/ogd/davis_bacon/Davis_Bacon_Interim_Guidance_sec.pdf
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23. What are the Buy American provisions of ARRA?
If a subgrant/loan activity falls under “infrastructure” then Buy American requirements
apply to the site/project.
“Infrastructure” can be described as when the principal purpose of the activity is to
construct a cap to be directly incorporated into a public building or public work as defined
in 2 CFR 176.140(a). It may also apply where funds are used to install piping to connect
households or businesses to public water systems or replace public water system supply
well(s) and associated piping due to groundwater contamination. The DEQ should be
contacted before proceeding with an activity if the borrower thinks that this description
may apply to their project. For more information, please see the link below:
http://www.epa.gov/ow/eparecovery/docs/2009_09_25_BA_Q&As_Part1_Revised.pdf
24. What process do I need to follow to get paid for eligible cleanup costs under the ARRA
Brownfields Cleanup subgrant?
A Request for Reimbursement form or ARRA subgrant payment claim document is available
at http://deq.state.ok.us/LPDnew/brownfindex.html. Requests for reimbursement, along
with supporting documentation/invoices must be submitted to the DEQ. Original, detailed
invoices from all subcontractors/vendors are required for approval of payment.
25. What are some of the eligible and ineligible costs?
Some of the eligible costs are:
i) Cleanup actions associated with removing, mitigating, or preventing the release or threat
of a release of hazardous substance, pollutant, contaminant, petroleum product, or
controlled substance
ii) Site monitoring activities which are reasonable and necessary during the cleanup process,
including determination of the effectiveness of a cleanup
iii) Costs associated with meeting public participation and monitoring the health of
populations exposed to hazardous substances from a brownfields site
iv) Oversight of cleanup activities (such as the costs to enter a state cleanup program)
v) Installation of fences, warning signs, or other security or site control precautions
vi) Installation of drainage controls
vii) Capping contaminated soils
viii) Excavation, consolidation, or removal of contaminated soils
ix) Removal of drums, tanks or other bulk containers that contain or may contain hazardous
substances, pollutants, or contaminants, including petroleum
x) Removal of source materials, including free product recovery
xi) Containment, treatment, or disposal of hazardous materials and petroleum products
Oklahoma Department of Environmental Quality
P.O. Box 1677, Oklahoma City, OK 73101-1677
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www.deq.state.ok.us
xii) Costs associated with documenting the ABCA
xiii) Asbestos abatement
Funds may not be used for the payment of:
i) A fine
ii) A federal cost-share requirement (i.e. a cost share required by other federal funds)
iii) A cleanup cost at a brownfield site for which the recipient of the subgrant or loan is
potentially liable under CERCLA §107
iv) Monitoring and data collection necessary to apply for, or comply with, environmental
permits under other federal and state laws
v) Unallowable costs e.g. lobbying and fund raising
vi) Pre-cleanup activities e.g. site assessment, identification and characterization
vii) Addressing public or private drinking water supplies that have deteriorated through
ordinary use
Borrowers should comply with 2 C.F.R. Part 225 that applies to governmental units or 2
C.F.R. Part 230 which apply to non-profit organizations.
26. What are the responsibilities of the recipient of subgrant funds?
o Ensure that all cleanups conducted with subgrant funds comply with all applicable
federal and state laws and are protective of human health and the environment
o Comply with the terms and conditions of the subgrant agreement made with the DEQ,
and with ARRA requirements
o Use services of qualified environmental professionals and/or licensed contractors
o Ensure that any contractors employed comply with the terms and conditions of the
subgrant agreement made with the DEQ
o Submit applicable progress reports to the DEQ in a timely manner
o Adhere to eligible cost requirements
o Comply with competitive procurement requirements [State and Local governments: 40
CFR §31.36; Nonprofit organizations/Institutions of higher education: 40 CFR§ 30]
o Maintain financial records
o Develop site specific Community Relations Plan and Analysis of Brownfield Cleanup
Alternatives document
o Comply with Davis-Bacon Act requirements and Buy American requirements (if
applicable)
o Prepare the Final Report that adequately addresses the achievement of agreed-upon
outputs/outcomes for the site.
o Maintain the administrative record repository for the site/project
Oklahoma Department of Environmental Quality
P.O. Box 1677, Oklahoma City, OK 73101-1677
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www.deq.state.ok.us
27. What are the ARRA reporting requirements that I should comply with for my ARRA
Brownfield Cleanup subgrant award?
The borrower must provide the DEQ with the following:
1) Updates with progress of the cleanup efforts performed at the property with subgrant
funds
2) Davis Bacon documentation
3) Buy American documentation (if applicable)
4) Copies of reimbursement claims along with supporting documents/invoices/paid bills etc.
DEQ may require recipients of a subgrant to report on their progress on Brownfield
projects/sites as a result of the ARRA funds. This include, but are not limited to, the number
of job created/retained, number of properties assessed and cleaned up, number of jobs
leveraged as a result of assessment and cleanup activities, and the redevelopment of the
properties, funding leveraged through the economic redevelopment and reuse of properties,
minimization of the public’s exposure to contaminants, and the number of acres made ready
for reuse etc.
28. How do I incorporate green practices into my project?
For more information on green practices, see the websites below:
EPA Recovery Act webpages:
www.epa.gov/recovery/recommendations.html [exits DEQ]
www.epa.gov/recovery/resources.html [exits DEQ]
EPA’s Green Building webpage:
www.epa.gov/greenbuilding/index.htm [exits DEQ]
EPA’s Landscaping with native plants webpage:
www.epa.gov/greenacres/ [exits DEQ]
EPA’s Greener Cleanups webpage:
www.epa.gov/oswer/greencleanups/index.html [exits DEQ]
EPA’s Green Infrastructure webpage:
cfpub.epa.gov/npdes/home.cfm?program_id=298 [exits DEQ]
U.S. Department of Energy’s ARRA webpage:
www1.eere.energy.gov/recovery/ [exits DEQ]
Oklahoma Department of Environmental Quality
P.O. Box 1677, Oklahoma City, OK 73101-1677
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www.deq.state.ok.us
29. What are the consequences for award recipients failing to meet the project schedule?
Recipients of ARRA funds are expected to make every effort to proceed to construction as
quickly as possible while meeting all ARRA and program requirements. To ensure the
deadlines are met and ARRA funds are not lost, DEQ may withdraw and re-allocate awarded
ARRA funds from those projects that are not proceeding in a timely fashion and in
accordance with the approved project schedule.
30. What are the ramifications of non-compliance with the reporting requirements?
The subgrant agreements are awarded with stipulations outlined in the terms and
conditions. Non-compliance with the reporting requirements as stated in the terms and
conditions is considered a violation of the subgrant agreement. DEQ may use remedial
actions necessary to ensure compliance, including withholding payments, termination of the
agreement etc., as appropriate.
31. Do tribes “own” tribal trust lands for purposes of a brownfields cleanup subgrant?
Generally, tribes have a sufficient ownership interest in tribal trust lands to “own” such lands
for purposes of a brownfields cleanup subgrant/loan.
32. How do I get a “petroleum eligibility determination” for my site?
Please contact the Oklahoma Corporation Commission (OCC) for a “petroleum eligibility
determination” [OCC contact: Patricia Billingsley- 405-522-2758]. Once a petroleum
eligibility determination has been made, please provide the DEQ with a copy of the
relevant documentation.
For a petroleum contaminated site(s) that otherwise meets the definition of a brownfields
site to be eligible for funding, the state or EPA must determine if:
o The site is of a relatively low risk compared with other petroleum-only sites in the
state;
o There is no viable responsible party;
o Funding will be used by a party that is not potentially liable for the petroleum
contamination to assess, investigate, or clean up the site; and
o Petroleum-contaminated sites must not be subject to a corrective action order under
the Resource Conservation and Recovery Act (RCRA) §9003(h)
With the exception of tribes, the state determines if a petroleum contaminated site may be
eligible for brownfields funding. EPA must make all determinations on eligibility of
petroleum contaminated brownfield sites located on tribal lands.
Oklahoma Department of Environmental Quality
P.O. Box 1677, Oklahoma City, OK 73101-1677
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www.deq.state.ok.us
33. Is another state agency within the State of Oklahoma eligible to apply for an ARRA
Cleanup subgrant from the DEQ?
The DEQ cannot subgrant to another Oklahoma state agency. However, the applicant may be
eligible to apply to the DEQ for a cleanup loan and/or to the U.S. Environmental Protection
Agency for a grant [www.epa.gov/brownfields/applicat.htm (exits DEQ)].
34. Is a non-profit organization responsible for raising funds for an Oklahoma state agency
eligible to apply for an ARRA Cleanup subgrant from the DEQ?
Please see Questions 6 and 11 for eligibility criteria. The applicant must be the sole owner (fee
simple title) of the property that is the subject of the grant proposal at the time the subgrant is
awarded, and must retain ownership throughout the period of performance of the subgrant.