Standard Guide for CERCLA Section 128(a) Response Program Grant Conformance Assessment

Importancia y uso:

4.1 To be eligible for a CERCLA Section 128(a) response program grant to address contamination at brownfields properties, federally-recognized Tribes and States must demonstrate that they meet one of the property eligibility requirements below; grant recipients are prohibited from using grant money to pay response costs at a brownfields site for which the grant recipient is potentially liable under CERCLA.

4.1.1 Most commonly, CERCLA Section 128(a) grant recipients must demonstrate that they meet one of the liability protections or defenses set forth in the statute by establishing that they are:

4.1.1.1 an innocent landowner (CERCLA §101(35)(A)(i)), or

4.1.1.2 contiguous property owner (CERCLA § 107(q)(1)(A)), or

4.1.1.3 bona fide prospective purchaser (CERCLA § 101(40)(B)), or

4.1.1.4 a government entity that acquired ownership or control of the property by certain circumstances (including seizure or in connection with law enforcement activity, bankruptcy, tax delinquency, or abandonment) and did not cause or contribute to the release or threatened release of a hazardous substance at the property (CERCLA § 101(20)(D)).

4.1.2 To claim protection from liability as an innocent landowner, contiguous property owner, or bona fide prospective purchaser, property owners, including a state, must meet several requirements, such as conducting All Appropriate Inquiries, as defined in 40 CFR 312, before acquiring the property and comply with all continuing obligations after acquiring the property (see E2790, EPA’s “Common Elements”).

Note 1: There may be instances where a State does not conduct All Appropriate Inquiries (for example, federally-owned land is transferred to the State and the federal landholding entity has prepared an environmental condition of property report in accordance with CERCLA Section 120(h).

4.2 The Four Elements required by CERCLA Section 128(a)(2) are:

4.2.1 Timely survey and inventory of brownfield sites (see Section 5).

4.2.2 Oversight and enforcement authorities or other resources that ensure response actions protect human health and the environment, are conducted in accordance with applicable laws, and are completed (see Section 6).

4.2.3 Mechanisms and resources to provide meaningful public participation (see Section 7).

4.2.4 Mechanisms for approval of a cleanup plan and verification and certification that response is complete (see Section 8).

4.3 Appendix X1 contains a checklist that the grant recipient may use to record the information that must be provided to EPA’s ACRES system. The grant recipient may also use this checklist to conduct an internal audit of its conformance with the requirements of CERCLA Section 128(a)(2).

Subcomité:

E50.05

Volúmen:

11.06

Palabras clave:

ACRES; brownfields; CERCLA, Section 128(a); conformance assessment; grants;