Key Terms

Environmental Cleanup and Remediation

For the purposes of the Brownfields Program, environmental “cleanup” and “remediation” are terms used interchangeably by recipients to refer to actions taken to respond to a hazardous material release or threat of a release that could affect human health and the environment (e.g., removal of pollution or contaminants from soil, groundwater, sediment or surface water).

Hazardous Substance and Petroleum

A hazardous substance is defined under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as:

1. Any substance designated pursuant to section 311(b)(2)(A) of the Federal Water Pollution Control Act [33 U.S.C. 1321(b)(2)(A)]
2. Any element, compound, mixture, solution, or substance designated pursuant to section 9602 of this title
3. Any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] (but not including any waste the regulation of which under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by an Act of Congress)
4. Any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act [33 U.S.C. 1317(a)]
5. Any hazardous air pollutant listed under section 112 of the Clean Air Act
6. Any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act [15 U.S.C. 2606]

The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) above, and the term does not include natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

Petroleum-contaminated properties must meet certain requirements to be eligible for Brownfields funding. Petroleum is defined under CERCLA as “crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under that section.” For a petroleum-contaminated property that otherwise meets the definition of a brownfield property to be eligible for funding, EPA or the state must determine the following:

• The property is of “relative low risk” compared with other “petroleum-only” properties in the state.
• There is no viable responsible party.
• The property will not be assessed, investigated or cleaned up by a person that is potentially liable for cleaning up the property.
• The property must not be subject to a corrective action order under the Resource Conservation and Recovery Act (RCRA) §9003(h).

Properties at which petroleum contamination is comingled with hazardous substances contamination are considered hazardous substances sites. Properties that are mine-scarred land or contaminated with controlled substances also are considered hazardous substances sites.

Pre-Period of Performance Accomplishments

Grant recipients must enter Pre-Period of Performance (POP) accomplishments in ACRES if (1) the cooperative agreement has Pre-POP authorization, and (2) an actual accomplishment (e.g., assessment) has taken place.

Davis-Bacon Act

See the Terms and Conditions of your approved cooperative agreement for information on the Davis-Bacon Act and other Brownfields Program-related requirements.

Leveraged Activities and Accomplishments

Several pieces of information in the Property Profile Form refer to “leveraged” activities or accomplishments. Typically, these leveraged activities and accomplishments are outcomes of EPA-funded activities (e.g., cleanup activities at a property assessed with Brownfields Assessment Grant funding). To be reportable, there must be a demonstrable link or connection between the EPA-funded activity and the leveraged activity/funding/accomplishment. Usually, activities/funding/accomplishments that occur prior to award of the EPA grant should not be reported as leveraged since the activity predates the award. In addition, the leveraged activity/funding/accomplishment should be reported only when actually manifested (i.e., projected numbers and other data, including expected jobs or uncommitted funding, should not be reported).

Cleanup and Revolving Loan Fund (RLF) matching funds are not considered leveraged. The 20 percent cost share (contribution of money, labor, material or services must be for eligible and allowable costs under the grant and cannot include administrative costs) required by the Brownfields Law for Cleanup Grant and RLF recipients is not considered leveraged and should not be reported as such.

Submission Note

During data entry, a user may enter a submission note to ask questions or call attention to certain issues that should be addressed during the quality assurance review (i.e., Regional Review and National Program Review).

Reviewer Feedback Note

A Reviewer Feedback Note is entered during the Quality Assurance (QA) review to clarify QA issues when a work package is rejected. Note that your EPA Regional representative (i.e., Project Officer) may contact you to discuss their concerns prior to rejecting a work package.

Job Training Cooperative Agreement Terms

• Participants Entering Training – the number of participants who entered a cooperative agreement-funded training program.
• Veterans Entering Training – the number of veterans who entered a cooperative agreement-funded training program as participants.
• Participants Completing Training – the number of participants who completed the cooperative agreement-funded training program.
• Participants Obtaining Employment – the number of graduates from the cooperative agreement-funded training program who have obtained employment of any kind, including self-employment.
• Individuals Who Did Not Obtain Employment But Are Pursuing Education – the number of graduates from the cooperative agreement-funded training program who have not obtained employment but are pursuing an education, including General Educational Development classes, college courses, vocational training, etc.
• Average Hourly Wage – the hourly wage for the first job that each employed graduate secures after completing the cooperative agreement-funded training program.
• Funds Leveraged – non-cooperative agreement dollars linked and leveraged to support additional activities by the cooperative agreement funding recipient, such as additional curricula development or training, supplies/equipment, transportation for students and child care for students. Funding can occur through direct financial assistance and in-kind services or supplies. Usually, leveraged funding that was committed prior to the award of the EPA cooperative agreement should not be reported as leveraged since the activity predates the award. In addition, leveraged funding should not be reported until the funding has been committed.
• Mandatory Performance Measures – the Number of Participants Entering Training, Number of Veterans Entering Training, Number of Participants Completing Training, Number of Participants Obtaining Employment, Individuals Who Did Not Obtain Employment But Are Pursuing Education, Average Hourly Wage and Funds Leveraged for the cooperative agreement-funded training program are tracked by federal fiscal year (FY) and quarter:
  • FY – Begins October 1 and ends September 30
  • Q1 – October 1 through December 31
  • Q2 – January 1 through March 31
  • Q3 – April 1 through June 30
  • Q4 – July 1 through September 30