Removing EPA Brownfield Funding Obstacles With A Property-Specific Determination

Contributed by Keith Pyron, Principal and Senior Geologist, PPM Consultants

Imagine this: you’re knee-deep in planning a Brownfield project, maybe even drafting your EPA Brownfield Grant application, when you stumble across a detail that stops you cold. The site you’ve been preparing to assess or clean up—the one your community is counting on—might not be eligible. You click through EPA’s eligibility pages and discover the fine print: under CERCLA § 101(39)(B), certain properties are outright excluded from the definition of a “brownfield site.”

For a moment, it feels like the project might unravel before it ever gets started. But then you learn about a little-known tool in the Brownfields Program toolbox: the Property-Specific Determination (PSD). This provision is Congress’s way of building in some flexibility, allowing EPA to consider certain otherwise excluded sites if the right case is made. It’s not automatic. It’s not guaranteed. But it’s a pathway that can turn what looks like a dead end into a chance at funding.

Why Some Sites Require a Property-Specific Determination

Congress was clear: some sites would never qualify for Brownfield funding. These include facilities on the National Priorities List (NPL), sites under CERCLA enforcement orders, or properties under the jurisdiction of the U.S. Government. EPA is prohibited from granting PSDs in those cases.

But for other sites, Congress allowed for nuance. In many communities, properties tied up in complicated regulatory histories—like RCRA facilities or sites with past PCB releases—are exactly the types of places that need revitalization. To ignore them altogether would leave entire swaths of land blighted.

That’s why EPA has the authority to make case-by-case determinations. The decision hinges on two big questions:

1. Will Brownfield funding protect human health and the environment?
2. Will funding promote economic development or the creation of community assets like parks, greenways, or nonprofit spaces?

If an applicant can demonstrate both, EPA can issue a PSD and unlock eligibility for assessment or cleanup funding.

Which Sites May Require a PSD?

EPA’s FAQs (FY25, Section I) list out six main types of properties that might still qualify through this process:

1. Sites subject to planned or ongoing CERCLA removal actions
2. Facilities under administrative or judicial orders or permits issued under RCRA, FWPCA, TSCA, or SDWA
3. Facilities under RCRA corrective action orders (§ 3004(u) or § 3008(h))
4. RCRA land disposal units with closure notifications or closure plans
5. Properties with PCB releases requiring TSCA remediation
6. Sites receiving money for cleanup from the LUST trust fund

Cleanup grant applicants in particular must carefully evaluate whether their target property falls into one of these categories. If so, a PSD request will be necessary.

What Sites Are Ineligible—No Exceptions

EPA is clear about three categories where PSDs cannot be granted:

• NPL or proposed NPL sites
• Facilities under CERCLA orders or consent decrees
• Properties under U.S. Government jurisdiction, custody, or control (with some exceptions for land held in trust for Tribes)

If your site falls into one of these buckets, no amount of creative writing in a grant application will make it eligible.

How EPA Makes the Determination

For new applicants, EPA makes PSD decisions during application review. For current recipients, coordination with the EPA Project Officer is essential. Either way, the burden is on the applicant to clearly identify the exclusion and explain why the site deserves consideration.

EPA looks for two main categories of documentation:

1. Protection of Human Health and the Environment
   • What specific contamination will be addressed?
   • How will cleanup activities mitigate human health risks?
   • What environmental improvements are reasonably expected?
   • How will the remedy align with the planned reuse of the property?
2. Economic Development or Community Benefit
   • How many jobs might be created or retained?
   • How will property values, tax revenues, or business activity be boosted?
   • Will the property contribute to community-wide redevelopment plans?
   • If greenspace or nonprofit uses are planned, what will the property look like, who will use it, and how will it be maintained?

EPA wants concrete details, not vague aspirations. Successful PSD requests include measurable outcomes tied directly to the funding.

What to Include in a PSD Request

According to EPA’s FY25 FAQs, an application that includes a property requiring a PSD must provide, on a separate page, the following:

1. Basic site and applicant identification
2. The specific exclusion that applies (e.g., RCRA permit, PCB release, etc.)
3. An explanation of why the site falls under that exclusion
4. A detailed justification showing how funding will protect health/environment and promote economic or community goals
5. Information about whether other funding sources are available
6. A statement about whether the applicant is responsible for the contamination

The more specific and transparent the documentation, the better the odds of receiving EPA approval.

What If You Miss It?

It happens. An applicant might not realize a site requires a PSD until EPA flags it during review. EPA may allow limited clarification during the process, but it’s risky. If the site is ultimately deemed ineligible, the application could fail entirely.  That’s why EPA strongly encourages applicants to evaluate sites early and reach out to Regional Brownfields Contacts before submitting applications. A little proactive legwork can save months of wasted effort.

Why This Matters

Brownfields work is hard enough without hitting procedural snags. Imagine investing countless hours into planning, only to find out the site isn’t eligible because you overlooked a technical exclusion. At the same time, excluding sites with complicated regulatory histories would leave behind exactly the kinds of properties that need revitalization most. PSDs strike a balance: they uphold Congress’s prohibitions while giving communities a chance to reclaim tough sites when the benefits are clear.

How PPM Consultants Can Help

Discovering that your Brownfield site may not be eligible can feel like the rug has been pulled out from under you. But with EPA’s PSDs, there’s often a second chance—one rooted in demonstrating tangible community and environmental benefits. In many ways, that flexibility mirrors the Brownfields Program itself: it’s about turning liabilities into opportunities, one site at a time.

At PPM, we’ve walked clients through these eligibility challenges before. We know the statutes, the exclusions, and the gray areas where a PSD can open doors. More importantly, we know how to frame the case in a way that resonates with EPA’s criteria—protecting health and the environment while demonstrating real community benefit.

If your site looks like it might be ineligible, don’t assume the story ends there. With the right preparation, a Property-Specific Determination might be the key to keeping your project alive. And just like those sites, what first looks like a barrier may turn out to be the very thing that opens the path forward.