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Voluntary Investigation and Cleanup (VIC) Program

The MPCA Voluntary Investigation and Cleanup (VIC) Program provides technical assistance and administrative or legal assurances for individuals or businesses seeking to investigate or cleanup contaminated property.

Property buyers, sellers, developers, bankers, development agencies, local government, and other voluntary parties work with VIC staff to bring contaminated land back into productive use.

• Voluntary Brownfield Programs Enrollment Application Form

What's New

MPCA Seeking Applications for Environmental Grants, $687,000 Dollars Available (posted 10/14/09)

The Minnesota Pollution Control Agency (MPCA) is seeking applications for grants to be used in the development of environmentally sustainable practices that prevent pollution and conserve resources. Both public and private organizations and partnerships are eligible. Applications are due Nov. 3, 2009.

Approximately $687,000 is available. The MPCA Environmental Assistance Grant Round is a competitive, one-stage process. Applications must fall under one of the following focus areas:

• Waste prevention and reduction — implementing efficient and economically-sound practices to prevent and reduce waste at the source.
• Source-separated composting — reducing the amount of organic wastes entering disposal facilities.
• Stormwater sources — focus on providing assistance to Minnesota local government units for implementing measures to ensure that permitted stormwater sources do not contribute to the impairment or degradation of state waters.

To aid these efforts and to help organizations move toward more sustainable practices, the MPCA Environmental Assistance Grant Program offers grants on a yearly basis. Since 1985, more than $12 million in grants has been awarded to organizations across Minnesota.

The complete request for proposal, instructions, and forms are available on the MPCA Web site on the Environmental Assistance Grant Web page. Applications must be submitted electronically by 3:00 p.m. on Nov. 3, 2009.  For more information, interested parties can contact Mary Baker at 651-757-2208, toll-free at 1-800-657-3864 or by e-mail at mary.baker@state.mn.us.

U.S. EPA Brownfield Assessment, Revolving Loan Fund and Cleanup Grant (posted 9/3/09)

The next U.S. EPA Brownfield Assessment, Revolving Loan Fund and Cleanup (ARC) grant proposal deadline is October 16, 2009.  For fiscal year 2010, the ARC grant proposal guidelines are available on the EPA's Web site. Please be aware that U.S. EPA requires ARC grant applicants to obtain a Letter of Support  from the Minnesota Pollution Control Agency (MPCA).  The request, including a brief description of the project and draft of the requested letter of support, is due to the MPCA on or before September 30, 2009.  Please contact either Jerry Stahnke or Stacey Van Patten at the MPCA to request a Letter of Support.  Jerry Stahnke is available at 651-757-2753 or by email at gerald.stahnke@pca.state.mn.us.  Stacey Van Patten is available at 651-757-2425 or by email at stacey.vanpatten@pca.state.mn.us.

The Technical Assistance to Brownfield Communities (TAB) program can review your draft proposal and provide advice and recommendations to improve your grant application.  Assistance is provided free of charge and is funded by EPA.  To request this assistance, please contact Dr. Sabine Martin, P.G. at 785-532-6474 or by email at smartin1@k-state.edu.

MPCA Electronic Document Submittal Requirements for Sites in the Superfund, RCRA, and Voluntary Cleanup Section (posted 7/09)

The Minnesota Pollution Control Agency (MPCA) Operational Support Division (OSD) is currently implementing an electronic document management system. All of the programs within the Superfund, RCRA, and Voluntary Cleanup Section (SRVCS) will continue to require that outside parties submit paper copies of reports, correspondence and other data submittals; however, SRVCS staff will be reviewing documents principally using an electronic document management software application.

Electronic documents have most commonly been submitted in Adobe Portable Document Format (pdf), although other formats such as Microsoft Excel or Word, or various image formats have also been submitted depending on the particular type of information. These submittals are usually provided either via e-mail, website download or on a compact disc.

In order to assist SRVCS staff review and OSD in their efforts to transition to an electronic document review procedure, the SRVCS is requiring future submittals of documents be provided in an electronic format in addition to the standard paper submittal. The preferred electronic submittal format is a single Adobe pdf file.  Individual SRVCS staff may request other formats as necessary to assist their review process. Alternative forms of electronic submittal requests may include spreadsheets, image files, or GIS file formats (e.g. shape files for visualizing site location data). 

The effective date for providing electronic document submittals in addition to paper copy submittals is September 1, 2009. The SRVCS staff appreciate your cooperation and assistance with implementing these new requirements. 

Apply for Rivers and Trails Assistance--Deadline: August 1, 2009

The National Park Service helps partners plan successful locally-led outdoor recreation and natural resource conservation projects. August 1 is the deadline for the next round of assistance from the Rivers, Trails, and Conservation Assistance(RTCA) Program. Applicants are strongly encouraged to discuss project ideas with RTCA staff before submitting an application. Visit the National Park Service Web site for more information.

Recovery Act - Energy Efficiency and Conservation Block Grant Program

The U.S. Department of Energy has issued a Funding Opportunity Announcement, “Recovery Act -- Energy Efficiency and Conservation Block Grant Program – Formula Grants”; the block grants are being funded under the American Recovery and Reinvestment Act of 2009. As of May 11, 2009, the program application deadline has been extended to June 25, 2009. More information can be found on the Energy Efficiency and Conservation Block Grant Program Web page.

Greening the Heartland Conference

One of the highlights of the conference is a keynote speech by David Suzuki, world-renowned environmental activist and science broadcaster, who will address the topic of “Economics, Energy and Ecology:  Putting them Back Together”.  In addition, Greening the Heartland will feature four valuable educational tracks:

• Economic Revitalization
• Public Policy & Resource Management
• Regional Best Management Practices
• Transportation & Technology

For more information on the conference or to register go to www.greeningtheheartland.org.  For sponsorship or exhibitor opportunities, contact Cathy Ross at cross@esd.org or 248-353-0735, ext. 149.

MPCA Brownfield's Improvement Project Update (05/09)

As you may know, the Minnesota Pollution Control Agency (MPCA) conducted focus groups in 2008 to solicit comments regarding the improvement of the Voluntary Investigation and Cleanup (VIC) Program and the Petroleum Brownfield Program (PBP). The majority of comments received from Brownfield's Program stakeholders were related to: Consistency; Communication and Coordination; Fees and Funding; Policy and Program Development; and Leadership Support. MPCA workgroups were formed to address each of these categories of comments. We would like to provide an update regarding our progress in affecting change.   Project Update

U.S. EPA seeks input for green cleanup standard framework

The U.S. Environmental Protection Agency’s (U.S. EPA) cleanup programs plan to collaborate with ASTM International to develop a green cleanup standard through a consensus process. The standard will establish a uniform approach, implemented voluntarily, to encourage property owners, responsible parties, developers, and communities to use green cleanup practices during project planning and implementation. The U.S. EPA is now requesting input from all stakeholders to enhance the draft framework. The draft framework is available for review and input through April 30 at http://clu-in.org/greenremediation/subtab_b5.cfm. The U.S. EPA plans to finalize and post the framework in June 2009. ASTM International established a subcommittee and will use U.S. EPA's proposed framework to kick off the effort. To learn more, go to http://www.astm.org/DATABASE.CART/WORKITEMS/WK23495.htm.

First National Brownfields Revolving Loan Fund Grantee Meeting

The first National Brownfields Revolving Loan Fund (RLF) Grantee Meeting will be held on June 2-4, 2009, at the Hilton-Minneapolis, in Minneapolis, Minnesota.  This meeting will provide an opportunity to network with other EPA RLF Brownfield grantees and associated project partners.  There is no registration fee.  For more information, see:  ftp://ftp.epa.gov/r8/brownfields/2009_National_RLF_Meeting/.  If you have trouble opening any documents, please e-mail EPA_RLF_Brownfields@sra.com.

MPCA Voluntary Investigation and Cleanup (VIC) Program Invoice Notice

The  Minnesota Pollution Control Agency held focus groups in 2008 in order to obtain customer feedback regarding the Voluntary Investigation and Cleanup (VIC) Program. One result is that customers requested that the VIC Program provide their clients with a detailed monthly invoice. As a step in meeting that goal,  the VIC program plans to mail invoices (in early March) for work conducted in January and February 2009. The invoice provides information regarding work accomplished in that two month period, and a summation of  past due amounts.  Please be patient with us as we transition from the old to the new invoice format. Any questions regarding the new format may be directed to Andrew Nichols at 651-757-2612. If you believe the invoiced amount is not correct, please contact Jeanne Philipsen at 651-757-2106.

EPA's Targeted Brownfields Assessment

U.S. EPA Region 5's Brownfields Program offers several tools to communities to get started in the redevelopment process, one of which is a "Targeted Brownfields Assessment" or TBA. Learn how this resource can help you.

• Targeted Brownfields Assessment

U.S. EPA, partners kick off green building design challenge (1/2/09)

The U.S. Environmental Protection Agency and partners are inviting the nation’s architects, product developers, educators, environmental leaders, and students to submit innovative designs that minimize waste, reuse materials, and cut greenhouse gas emissions.  This is the third year of the Lifecycle Building Challenge competition which is co-sponsored by the EPA, American Institute of Architects, West Coast Green, the Collaborative for High Performance Schools, StopWaste.Org, and WasteCap Wisconsin.  The challenge, open to built and un-built projects has two main categories: Building—an entire building from foundation to roof; Product—building products or materials.  Outstanding entries in each category will be recognized and publicized in national journals and at conferences nationwide. The competition’s partners will also recognize exceptional entries in two other Outstanding Achievement Awards: Best Greenhouse Gas Reduction Design and Best School Design.  For more information or to enter the competition, visit http://www.lifecyclebuilding.org  or contact Wendy Chavez, 415-947-4248, chavez.wendy@epa.gov.

New Joint Application (12/22/08)

Notice: As of January 1, 2009, the Voluntary Programs (VIC and Petroleum Brownfields Program (PBP)) will have a new JOINT APPLICATION that will meet requirements for each program individually or together. The new application is now available online. After February 1, 2009, the new application format will be mandatory to process all requests. See Program Application Form below.

Review Timeline for New Sites (12/08)

The MPCA Voluntary Investigation and Cleanup Program has hired additional staff to fill vacancies. In the weeks ahead, please expect that it will be about 30 days until new site applications are reviewed by staff. This time estimate is provided so that environmental consultants and voluntary parties can plan accordingly If you have specific questions about the status of your site, please consult with the project team assigned to your site. Questions regarding applications for new sites may be directed to Patrice Jensen at 651-757-2465. Program questions may also be directed to Barbara Jackson at 651-757-2459.

RAP Reports (11/21/08)

Effective November 18, 2008, MPCA will no longer approve Response Action Plan (RAP) Implementation Reports until an MPCA approved Affidavit or Environmental Covenant (if it is a component of the approved RAP) has been filed on the property deed for the site. RAP Policy

New Vapor Intrusion Screening Values Document  (10/20/08)

About the VIC Program

The VIC Program was created because in the 1980s many businesses and government organizations became unwilling to develop property with known or suspected environmental contamination. They were concerned that by purchasing property or disturbing contamination during property development, they could become liable under state or federal Superfund laws for cleanup costs, even though they were not originally responsible for the wastes.

Under the Land Recycling Act of 1992, persons who are not otherwise responsible for a contamination problem may be eligible for future liability protection when they voluntarily undertake an investigation and, if necessary, cleanup action approved by the MPCA through the VIC Program. This process allows property transactions to move forward quickly, but it also helps promote redevelopment of contaminated property, mitigate health or environmental risks posed by wastes on these properties, and benefits communities by bringing new development, jobs, and tax base to old industrial zones.

Under the Land Recycling Act, future liability protection is usually available to eligible parties (including lenders and purchasers of property) when response actions approved by the MPCA Commissioner are conducted by property owners who may be responsible persons as defined by the Minnesota Superfund law. These property owners may request assistance from the MPCA in anticipation of future property transactions, to obtain financing or simply to avoid the high costs associated with investigating and cleaning up property under the Superfund enforcement process.

VIC Customers

The VIC Program is a fee-for-service program with customers that include property owners, potential property buyers or developers, insurers, development agencies, environmental consultants, attorneys, lending institutions, and local governmental units.

Seeking Assistance from the VIC Program

The first step in requesting assistance from the VIC Program is becoming familiar with program requirements and learning about what the program has to offer. To provide direction for voluntary parties, MPCA staff has developed various guidance documents. You can download the guidance documents from this site or call 651-757-2106 to request copies of the documents. Copies of these documents cost $0.20 per page to send by U.S. mail.

Once you have determined that a property may be appropriate for the VIC Program, you are encouraged to contact a VIC staff member for more information or to set up a meeting to discuss the site. The VIC Program offers a one-hour initial free meeting to discuss a new project.

To obtain formal assistance from the VIC Program, it is first necessary to complete and submit a current Program Application Form, available below. Or call 651-757-2106 to request that the form be sent to you. In accordance with state law, the applicant will be billed for the time spent by staff to provide the requested service(s). The fee is $150.00 per hour. The money collected is deposited into the Minnesota Environmental Fund and used to offset the program costs.

• Voluntary Brownfield Programs Enrollment Application Form (12/08)

Program Accomplishments

Since 1988, the VIC Program has provided assistance to over 1,000 voluntary parties. MPCA staff has compiled summaries of some of our success stories where private and public development projects were able to proceed or where jobs were created or preserved through timely assistance from the VIC Program. Find out more at our success story page.

In 1994, the VIC Program was the recipient of the prestigious Innovations in State and Local Government Award from the Ford Foundation and the John F. Kennedy School of Government at Harvard University.

Each year, Renew America, a national environmental nonprofit organization, identifies programs throughout the nation that provide innovative solutions to today's tough environmental challenges. In 1998, the VIC Program and the Minnesota Attorney General's Office received Renew America's 8th Annual National Award for Environmental Sustainability. In 1997, the VIC Program was listed in Renew America's Environmental Success Index.

Brownfields in the VIC Program

Brownfields are abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by real or perceived environmental contamination

The VIC Program is involved with many sites that are considered to be Brownfields. For more information about Brownfields in Minnesota, check out the MPCA Brownfields page.

Risk-based Site Evaluation Process

MPCA is developing guidance to outline a risk-based approach to decision making during site investigation and remedy selection under the state's VIC and Superfund Programs. Several of the Risk-based Site Evaluation Process (RBSE) guidance documents have been completed. A discussion of the RBSE process and copies of the the completed RBSE guidance documents are available on the Risk-based Site Evaluation Process Guidance Documents page.

Petroleum Contamination

For sites where petroleum contamination is present, the MPCA Petroleum Brownfields Program may also become involved. The Petroleum Brownfields Program provides technical assistance and liability protection to facilitate petroleum-contamination investigations and cleanups, property transfers, and development of sites where the contamination is limited to petroleum compounds.

Releases at Drycleaning Facilities

The Minnesota Legislature, working with drycleaners' trade associations and the MPCA established the Drycleaner Environmental Response and Reimbursement Fund in 1995. The fund provides a means to pay for the cleanup of soil, ground water or surface water contamination at drycleaning facilities. The Drycleaner fund is financed by annual registration fees paid by drycleaning facilities and solvent fees collected by retailers of some drycleaning chemicals.

Related Information

Toolkit for Pollution Prevention and Sustainable Activities at Remediation Sites. If you are considering more efficient cleanup remedies, reduced threat of future releases, or site development, then this toolkit may interest you.

All Appropriate Inquiry

This rule establishes federal requirements for conducting all appropriate inquiries into previous ownership and property use when seeking Federal Superfund liability protection. The final rule, a fact sheet and other information are available on the Office of Brownfields Cleanup and Redevelopment's “All Appropriate Inquiries” Web site.

Federal Grant Notifications

The federal government has a Web page system to help find and apply for grant opportunities in federal agencies. For information on EPA grants, go to the Government Grants Web page then click on "Find Grant Opportunities," then click on "Browse by Agency," then click on "Environmental Protection Agency."

Policies

• Disposal of Mercury Contaminated Soil in Minnesota Landfills. The MPCA will consider, on a case by case basis, disposal in appropriate Minnesota Landfills of soils contaminated by mercury at concentrations which are both no greater than 4 ppm and which are non-hazardous. This will apply to soils from remediation and redevelopment sites. Any such disposal must occur in accordance with industrial solid waste management plans. For further discussion of this issue, please see the MPCA Program Management Decision Memo on Disposal of Mercury-contaminated Soils in Minnesota Landfills.

VIC Customer Survey Form

We want to hear what you think about the MPCA's Voluntary Investigation and Cleanup (VIC) Program. Here's your chance to provide the VIC staff with feedback. You may either fill out the form and email it to jeanne.philipsen@pca.state.mn.us or, if you prefer to remain anonymous, download the form, fill it in and fax it to Jeanne Philipsen at 651-296-9707, or mail it to Jeanne Philipsen at MPCA, MAR Division, Superfund Section, 520 Lafayette Road North, St. Paul, MN 55155-4194.

• Customer Survey Form

For More Information, Contact:

VIC Data - MS Access Database (zip file)

Barb Jackson at 651-757-2459.

To obtain contact information for other VIC staff members, you can use the VIC Staff Directory.