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Brownfields Tax Incentive Extension

On December 20, 2006, President Bush signed the Tax Relief and Health Care Act of 2006. The new legislation includes an extension and expansion of the Brownfields Tax Incentive. Under the new law, the incentive was renewed, effective after December 31, 2005, and extended until December 31, 2007. The Brownfields Tax Incentive allows environmental cleanup costs to be deducted in the year incurred, rather than capitalized over time. The legislation expanded the Brownfields Incentive?s scope, allowing the deduction of expenses for the cleanup of petroleum products (crude oil, crude oil condensates, and natural gasoline), which had previously been ineligible.

The Brownfields Tax Incentive, intended to spur the cleanup and redevelopment of brownfields in distressed urban and rural areas, was originally signed into law in August 1997 as part of the Taxpayer Relief Act (Public Law 105-34). As before, entities interested in the tax incentive must receive a certification of eligibility from their appropriate state cleanup program contact.

EPA is currently in the process of updating its guidelines and other Brownfields Tax Incentive information resources to reflect the extension and expansion of the incentive signed into law by the President. Information on the Brownfields Tax Incentive, including state cleanup program contacts, is available at http://www.epa.gov/brownfields/bftaxinc.htm. For more information, contact Sven-Erik Kaiser at 202-566-2753 or kaiser.sven-erik@epa.gov.

EPA Brownfield Grants for Low-Income Communities

EPA accepts proposals for brownfields training, research, and technical assistance grants and cooperative agreements focusing on health and environmental conditions in low-income and socio-economically disadvantaged communities unable to get alternative sources of funding for Brownfields cleanups. EPA hopes these grants will stimulate redevelopment, economic revitalization, and other beneficial reuse of land.

These grants are authorized by the Small Business Liability Relief and Brownfields Revitalization Act of 2002.

EPA will only consider proposals that emphasize:

• Community Involvement in low-income and socio-economically disadvantaged communities.
• Integrated approaches to Brownfields cleanup and redevelopment in low-income and socio-economically disadvantaged communities. Projects in this subject may explore linkage between brownfields and other environmental, economic, and social issues, including: port and waterfront utilization, transportation planning, city and regional planning, etc.
• How the economics of Brownfields cleanup and redevelopment impact low-income and socio-economically disadvantaged communities.

The grants will be in the form of a cooperative agreement. Eligible applicants include: governmental and non-profit organizations, as well as public and non-profit private universities. For-profit organizations are not eligible and may not submit “joint” applications with eligible applicants.

For more detailed information and assistance regarding the application process, including application deadlines, refer to the EPA Brownfields Web site. You may also contact the Office of Brownfields Cleanup and Redevelopment at 202-566-2777.

EPA Brownfields Grant Proposals

EPA's Brownfields Grant Proposals for Assessment, Cleanup, and Revolving Loan Funds are due in the fall of each year. For information, refer to the EPA Brownfield's Web site. Questions may be directed to Brooke Furio, EPA at furio.brooke@epamail.epa.gov.

Targeted Brownfield Assessment Money Available

The MPCA has funds available for the assessment of brownfield property that is planned for reuse or redevelopment, including greenspace uses. For further information, see the factsheets MPCA Targeted Brownfield Assessment Grant Program and Brownfields to Green Space, or contact Wayne Sarappo at 651-757-2690.

MPCA Technical and Financial Assistance

Parties who are interested in evaluating a brownfield site for potential sale, purchase, investment, redevelopment or other purpose will want to become familiar with the MPCA’s Voluntary Investigation and Cleanup (VIC) and Petroleum Brownfields (formerly VPIC) programs. These programs were created specifically to provide technical assistance to parties who voluntarily investigate brownfield sites and carry out cleanups needed to facilitate property reuse and/or redevelopment. The VIC and Petroleum Brownfields programs also provide liability assurance letters to qualifying parties for contamination identified at brownfield sites. More information about MPCA Brownfield Cleanup Assistance is available in the following factsheet:

• MPCA Brownfield Cleanup Assistance

The MPCA also offers financial assistance for investigating the presence and extent of contamination at brownfield sites through the MPCA’s Targeted Brownfield Assessment (TBA) grant program. The MPCA will give preference to applications for financial assistance where the brownfield site will become a park, recreational area, nature preserve, or other type of green space.

For further information about the TBA grant program, including application information, see the following factsheet:

• MPCA Targeted Brownfield Assessment Grant Program

The benefits of reusing brownfields for green space are outlined in this factsheet:

• Brownfields to Green Space

MPCA Programs and Brownfields

• Voluntary Investigation and Cleanup (VIC) Program
  Many brownfield sites are enrolled in the MPCA Voluntary Investigation and Cleanup (VIC) Program. The VIC Program provides technical assistance, as well as administrative and legal assurances to parties who want to investigate, clean up and return contaminated properties to productive use. The VIC Program deals with sites that are contaminated primarily by hazardous substances.
  
  
• Petroleum Brownfields Program (formerly VPIC)
  The MPCA’s Voluntary Petroleum Brownfields Program provides technical assistance and liability protection to facilitate petroleum contamination investigations and cleanups, property transfers and redevelopment.
  
  
• Resource Conservation and Recovery Act (RCRA) Program
  The Resource Conservation and Recovery Act (RCRA) Program is a federal program (delegated to the MPCA) that regulates the management of hazardous waste from the point of waste production to final disposal. Some brownfield sites may be occupied by businesses that hold permits under RCRA or have recently been vacated by RCRA-permit holders; if a site investigation indicates a hazardous substance release has occurred that appears to be related to permit violations, site investigation and cleanup may be overseen by MPCA RCRA Program staff under RCRA Corrective Action. For further information see the RCRA Corrective Action program page.

Old Dumpsites on Brownfield Property

Although today Minnesota disposes of much of its waste or garbage in landfills that are regulated by the MPCA, in the past people commonly disposed of their garbage by dumping it into pits, ravines or wetlands. Inventories conducted by the MPCA indicate that Minnesota may contain as many as 1800 old dump sites. Because of the widespread occurrence of the dumps, the MPCA conducted an evaluation of old dump sites in 2001 to assess the risk they may pose to human health and the environment. A summary of the study’s conclusions together with recommendations for managing and/or investigating old dump sites is contained in the following fact sheet:

• Best Management Practices for Minnesota’s Old Dumps

For additional information about old dumps and the full text of the MPCA’s 2001 Dump Assessment Study, visit the MPCA Landfills/Dumps Web page.

Find Brownfield Sites in Your Neighborhood!

Since the early 1980s when major federal and state cleanup programs were created, the MPCA has been aggressively searching for and helping to clean up contaminated property. The MPCA has been tracking its efforts and recently launched a web-based, searchable inventory of these properties that is called, “What’s In My Neighorhood?” Users of the inventory can select an interactive, Geographic Information System (GIS)-based search that is conducted by clicking on a map, or a text-based search that can be conducted by sorting the inventory by county, zip code, site type, and other options.

With this tool you can identify all the sites in the MPCA’s database within a certain distance from a location you choose or within a specific geographic area. This tool is available on the following Web page:

• What's In My Neighborhood

The inventory includes properties that have already been investigated and cleaned up, as well as properties currently enrolled in MPCA cleanup programs. Also included are properties that were suspected to have contamination, but after investigation were found not to require cleanup.

Any property where reuse or redevelopment is complicated by known or suspected contamination is considered a brownfield.

Encouraging Pollution Prevention and Sustainability

Pollution prevention and sustainability are concepts that the MPCA is incorporating into its day-to-day operations as much as possible. The MPCA is also working to make its customers aware of these principals and the many innovations that have been put to work in Minnesota, including at brownfield sites, to reduce or eliminate waste before it is generated. In most cases, the incorporation of pollution prevention and sustainability approaches into site cleanup decisions and property redevelopment result in measureable benefits to the environment. They can also reduce the immediate and long-term costs of future site operations through savings in materials, reduced production of scrap materials, and lower energy, regulatory compliance, and insurance costs.

The MPCA has developed an Internet-based Tool-kit to promote the use of pollution prevention and sustainability concepts in site cleanup, planned business operations, and redevelopment. The Tool-kit was developed with outside stakeholder assistance and is available on the following Web page:

• Pollution Prevention Toolkit

Brownfields Resources Outside of the MPCA

Minnesota Resources

• Minnesota Department of Agriculture
  Spills or contamination problems associated with agricultural chemicals are regulated by the Minnesota Department of Agriculture. MDA has developed a voluntary cleanup program to assist persons willing to clean up pesticide-contaminated sites. For more information, call the MDA at 651-282-2697.
  
  
• Minnesota Department of Employment and Economic Development
  The Legislature has provided significant funding for grants to cities, housing and redevelopment authorities, economic development authorities, and port authorities to investigate and clean up contaminated land. For more information, contact the Department of Employment and Economic Development at 651-297-1291 or 1-800-657-3858.
  
  
• Minnesota Department of Health Site Assessment and Consultation Unit
  The Minnesota Department of Health (MDH) will assist individuals or communities with questions about the potential health impacts of land contamination. For more information, contact the MDH at 651-215-0916.
  
  
• Minnesota Department of Revenue
  Voluntary parties with an MPCA-approved investigation or cleanup plan may receive a reduction in their property taxes based on a lowered assessment of their property value as a result of contamination problems. Contact the Minnesota Department of Revenue at 651-296-2286.
  
  
• Minnesota Environmental Initiative
  The Minnesota Environmental Initiative (MEI) Resources for Redevelopment (formerly known as the Redevelopment Grant Assistance Program) is intended to promote the redevelopment of urban property by providing funds and expertise needed to conduct environmental investigations of sites which non-profit organizations own or seek to acquire. For more information, contact MEI at 651-334-3388 or the MPCA at 651-297-3080.

Local and Regional Government Resources

• Metropolitan Council
  The Metropolitan Council administers the Minnesota Livable Communities Tax Base Revitalization Account that draws from an annual fund of $5 - 7 million to make competitive grants to clean up contaminated land in areas that have lost commercial/industrial activity to make it available for economic redevelopment, job retention and job growth. For more information, contact the Metropolitan Council at 651-602-1356 or view their online Grant Application Guide.
  
  
• The Saint Paul Port Authority
  The Saint Paul Port Authority is the industrial development agency for the City of Saint Paul and the east metro area of the Twin Cities. For more information, contact Lorrie Louder or Mike Strand at 651-224-5686.
  
  
• Minneapolis Community Planning and Economic Development
  Minneapolis Community Planning and Economic Development (CPED) is the housing and redevelopment entity of the City of Minneapolis. For more information, contact the Minneapolis CPED at 612-673-5095.

National Resources

• U.S. EPA Brownfields Page
  Provides general information about brownfields, discussion of brownfields projects and initiatives, brownfields tools and contact, and links to other brownfields resources.
  
  
• International City/County Management Association Land Use Controls
  The International City/County Management Association (ICMA) and its partner agencies and organizations have come to understand the importance of providing a clearinghouse of information on the subject of land use controls for the use of all stakeholder groups.
  
  
• ROBIN
  The Great Lakes Regional Online Brownfields Information Network (ROBIN) is produced by the Council of Great Lakes Governors. ROBIN links state and provincial brownfields program and assistance information as well as other online resources such as local and federal government, business/industry, research institutions, community organizations and other interests within and beyond the Great Lakes region.