Petroleum Brownfields

Nevada Brownfields Program Grant Support for Existing 104(k) Grantees and New Applicants Requesting EPA Funding

Nevada Petroleum Brownfield Site Eligbility Application (Version 2, December 2023)

To request a petroleum brownfields eligibility determination from the Nevada Division of Environmental Protection, Brownfields Program (NBP), complete this application and submit it to the program coordinator via email (contact information is listed below). The NBP provides petroleum site eligibility determinations in accordance with Nevada regulations, including, but not limited to, NAC 445A.227, NAC 445A.22725, NAC 445A.2275, NAC 445C.270, NAC 445C.280, NAC 459.996, and NAC 459.9972 for existing 104(k) grantees and new applicants requesting EPA funding.

A petroleum eligibility determination by the State under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 101(39)(D) for the purpose of brownfields funding does not release any party from obligations under any federal or state law or regulation, or under common law, and does not impact or limit EPA or state enforcement authorities against any party. Therefore, NBP’s determination is not a regulatory determination.

A brownfields site is defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land.

For a petroleum-contaminated site (that otherwise meets the definition of a brownfield site) to be eligible for funding, the State will determine:

1. The site is “relatively low risk” compared with other “petroleum-only” sites in the State; and
2. There is no viable responsible party.
3. The site will not be assessed, investigated, or cleaned up by a person that is potentially liable for cleaning up the site.
4. The site must not be subject to a corrective action order under the Resource Conservation and Recovery Act (RCRA) §9003(h).

Upon State determination, the results will be referred to the EPA 104(k) project manager.