R2024-338 Resolution Authorizing Acceptance and Execution of a Brownfield Environmental Site Assessment Grant Agreement with the U.S. Environmetal Protection Agency for City-Wide Assessment Grant

Home Browse Search

BF-OOE03887-0 Page 7 3. Brownfield Sites Contaminated with Petroleum a. For any petroleum-contaminated brownfield site that is not included in the CAR's EPA-approved workplan, the CAR shall provide sufficient documentation to EPA prior to incurring costs under this cooperative agreement which documents that: i. the State determines there is "no viable responsible party" for the site; ii. the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and iii. the site is not subject to any order issued under Section 9003(h) of the Solid Waste Disposal Act. This documentation must be prepared by the CAR or the State, following contact and discussion with the appropriate state petroleum program official. Please contact the EPA Project Officer for additional information. b. Documentation must include: i. the identity of the State program official contacted; ii. the State official's telephone number; iii. the date of the contact; and iv. a summary of the discussion relating to the State's determination that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in Section II.A.3. above, the CAR must contact the EPA Project Officer and provide the necessary information for EPA to make the requisite determinations. d. EPA will make all determinations on the eligibility of petroleum-contaminated brownfield sites located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as defined at 18 U.S.C. § 1151). Before incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the necessary information for EPA to make the determinations. III. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Sufficient Progress 1. This condition supplements the requirements of the Termination and Sufficient Progress Conditions in