Brownfields

Brownfields are abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by actual or suspected environmental contamination. By investigating and cleaning up brownfield sites, many of which are abandoned properties in inner-city areas, redevelopment can take place without fear of potential environmental liabilities. This benefits Minnesota communities by bringing new businesses, jobs and an improved tax base to areas where brownfield sites have been unused and unproductive.

Brownfields assistance is available from many sources. The MPCA offers technical and financial assistance to parties involved with brownfield sites. The MPCA can also issue liability assurance letters through its VIC and Petroleum Brownfields (formerly VPIC) programs. Further information about the MPCA and brownfields can be obtained by viewing the topics listed below. For information about brownfield assistance that is available outside the MPCA, see the Brownfields Resources below.

Policy on analysis of carcinogenic polynuclear aromatic hydrocarbons (cPAH), June 2011

Effective immediately, analytical methodology for the vast majority of remediation sites will be the short list of seven cPAHs. However, under certain site conditions the extended list of 25 cPAH compounds will be recommended. The policy document provides background and situations where the extended list of 25 cPAH methodology applies.

• Remediation Division Policy on Analysis of Carcinogenic Polynuclear Aromatic Hydrocarbons (cPAH) (c-rem3-03)

Use of petroleum remediation corrective action design guidance in the Superfund, RCRA and Voluntary Investigation and Cleanup programs

In February 2011, the Petroleum Remediation Program (PRP) issued new guidance on conducting corrective actions at petroleum sites. The PRP released a suite of new guidance documents and report forms covering an updated corrective action design (CAD) approval process. This guidance is available on the PRP publications webpage under the Corrective Action heading.

The MPCA Superfund, Resource Conservation and Recovery Act and Voluntary Investigation and Cleanup Programs have evaluated the PRP CAD guidance and will be utilizing the PRP CAD guidance as outlined in the following policy document.

• Corrective action design (CAD) guidance policy (c-rem3-02)

The CAD Guidance will be used for new corrective action design, implementation, and management of active remediation activities at sites in the Superfund, Resource Conservation and Recovery Act and Voluntary Investigation and Cleanup Programs. The official effective date pf this guidence is June 1, 2011. Please feel free to contact a program supervisor or program staff with specific questions.

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 Investication and Cleanup (VIC) and Petroleum Brownfields (formerly VPIC) programs. These programs 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 Remediation programs also provide liability assurance letters to qualifying parties for contamination identified at brownfield sites.

• MPCA Brownfield Cleanup Assistance (c-brwnfld1-02)
• Best Management Practices for the Offsite Reuse of Unregulated Fill (c-rem1-01)

The MPCA also offers technical assistance for investigating the presence and extent of contamination at brownfield sites through the MPCA’s MN Targeted Brownfield Assessment program (MNTBAP). 

Federal grants and incentives

The federal Brownfields Tax Incentive has been extended through December 31, 2011. The Brownfields Tax Incentive encourages the cleanup and reuse of brownfields through a tax deduction. Environmental cleanup costs are fully deductible in the year incurred. For more information, please refer to the U.S. EPA Brownfields Tax Incentive website.

To obtain a letter from the MPCA stating that your taxable property is an area at or on which there has been a release, or threat of release, or disposal of a hazardous substance or petroleum product (e.g. crude oil, crude oil condensates and natural gasoline), please complete the Certification Application posted below and submit it to:

Shanna Schmitt
VIC Program
MPCA-5th Floor
520 Lafayette Road North
St. Paul, MN 55155-4194

Certification application

• Federal brownfields tax incentive application form (PDF Version) (c-vic3-03)

Letters of support for U.S. EPA Brownfields Grants

If you are planning to apply for U.S. EPA Brownfields Assessment, Revolving Loan Fund, and/or Cleanup Grant funds please be aware that the U.S. EPA requires grant applicants to obtain a Letter of Support from the MPCA.   Guidelines for the Brownfields Assessment, Revolving Loan Fund and Cleanup Grants can be found on the U.S. EPA Brownfields Funding Web page.  

Please submit a brief description of the project and the specific site eligibility requirements and property ownership eligibility requirements to the MPCA at least 2 weeks prior to the date of your deadline.  The eligibility requirements may vary depending on the grant:

1. For BF Assessment Grants, please refer to the "Guidelines for Brownfields Assessment Grants" (see the U.S. EPA Web site above).  Please refer to Section III.C  (Threshold Criteria for Assessment Grants), specifically Item 2 (Letter from the State) for information on the requirement for a letter of support from the state authority.  Please note that you should include the information in Section III.C.3.a-i as applicable.
2. For RLF Grants, please refer to the "Guidelines for Revolving Loan Fund (RLF) Grants" (see the U.S. EPA Web site above).  Please refer to Section III.B (Threshold Criteria for RLF Grants), specifically Item 3 (Letter from the State or Tribal Environmental Authority) for information on the requirement for a letter of support from the state authority.
3. For BF Cleanup Grants, please refer to the "Guidelines for Brownfields Cleanup Grants" (see the U.S. EPA Web site above).  Please refer to Section III.C (Threshold Criteria for Cleanup Grants), specifically Item 2 (Letter from the State or Tribal Environmental Authority) for information on the requirement for a letter of support from the state authority.  Please note that you should include the information in Section III.C.3.a-i as applicable.

Please contact either Shanna Schmitt or Hans Neve to request a Letter of Support for sites dealing with hazardous substances, pollutants, or contaminants and Stacey Hendry-Van Patten for sites dealing with petroleum contaminants.  The MPCA will issue one letter for sites with hazardous substances comingled with petroleum.  Requests may be made via U.S.P.S. mail or via e-mail.

Contacts for letters of support

• Shanna Schmitt, 651-757-2697, or shanna.schmitt@state.mn.us
• Hans Neve, 651-757-2608, or hans.neve@state.mn.us
• Stacey Hendry-Van Patten, 651-757-2425, or Stacey.vanpatten@state.mn.us

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
  The MPCA’s Voluntary Petroleum Brownfields Program provides technical assistance and liability protection to facilitate petroleum contamination investigations and cleanups, property transfers and redevelopment. 
• Minnesota Targeted Brownfield Assessment Program (MNTBAP) 128 (a) funding
  The MPCA VIC Unit administers the Minnesota Targeted Brownfields Assistance Program (MNTBAP) using section 128(a) (EPA Superfund) funding that is provided to the MPCA by Region V EPA.  Under the MNTBAP the MPCA can provide assistance to community-based projects that require assessment of Brownfield properties for reuse/ redevelopment, including green-space uses. The MPCA hires contractors to perform assessments including Phase I and Phase II Environmental Site Assessments and Response Action Plans at no cost to the participating communities. For further information, see the factsheets below and/or contact John Betcher at 651-757-2226 or john.betcher@state.mn.us
  •  MPCA Targeted Brownfield Assessment Grant Program (c-brwnfld1-03) 
  •  MPCA Brownfield Cleanup Assistance (c-brwnfld1-02)
  •  Brownfields to Green Space (c-brwnfld1-01)
  • MNTBAP application forms:
    •   MPCA Access Agreement (c-rem4-01)
    •   MNTBAP Application Form and Cover Letter Template (c-brwnfld3-01)
• 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.

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

A more complete discussion of the concepts of pollution prevention and sustainability, the many avenues through which these concepts are being implemented at the MPCA, and case studies, is available at the MPCA’s Pollution Prevention and Sustainability Web page.

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 651-201-6455.
• 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 651-259-7449 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 651-201-4897.
• 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 651-556-4850.
• 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.

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 651-602-1054 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 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.
•  Technical Assistance to Brownfield Communities from U.S. EPA 

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.