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Petroleum Brownfields Program

What's New

GRO/DRO Policy Update

The Petroleum Remediation Program has updated its Gasoline Range Organics/Diesel Range Organics (GRO/DRO) standards used for soil screening and cleanup. These changes are effective March 7, 2012. For additional information regarding use of the new standards, please see the announcement.

The Remediation Division’s PDF DocumentBest Management Practices for the Off-Site Reuse of Unregulated Fill (c-rem1-01) provides a framework for making good decisions about the off-site reuse of minimally impacted soils that are not a threat to human health or the environment and will use an updated GRO/DRO standard in its criteria.

Please note that the new GRO/DRO policy has no affect on the reporting requirements of petroleum releases to the Minnesota State Duty Officer (1-800-422-0798).  Please reference guidance document 2-01 Reporting of Petroleum Releases (c-prp2-01).

Letters of Support for U.S. EPA Brownfields Grant

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  

Monthly Invoices Start Early 2009 (12/30/08)

As you may know, the MPCA held focus groups in February 2008 in order to obtain customer feedback regarding the Petroleum Brownfields Program (PBP). One result is that customers requested that PBP provide their clients with a detailed monthly invoice.

We anticipate that customers will receive invoices with the new format in early 2009. The format is similar to other invoices that the MPCA sends out for other programs and was updated, in part, on customer comments. Below is a current example of the new invoice:

The invoices that are sent out in early 2009 may look different from the one on the website. Please be patient with us as we transition from the old to the new format. Any questions regarding the new format may be directed to Brownfields staff at the bottom of this page.

E-mail Updates

Visit the MPCA’s GovDelivery Remediation Division subscription page to sign up to receive e-mail updates.

Overview

Purchasing, selling, or developing property can present a special set of obstacles if the property is contaminated with chemicals. The Petroleum Brownfields Program is one of several programs within the Minnesota Pollution Control Agency (MPCA) designed to help people address these obstacles. The purpose of the Petroleum Brownfields Program is to provide the technical assistance and liability assurance needed to expedite and facilitate the development, transfer, investigation and/or cleanup of property that is contaminated with petroleum.

Many of the obstacles faced by property owners, purchasers, developers or lenders when dealing with properties contaminated with petroleum can be simplified and overcome through participation in the Petroleum Brownfields Program. The services available through the Petroleum Brownfields Program are outlined below.

Technical Assistance

Expedited Review of Petroleum Contamination Investigations and Cleanups

The transfer or financing of property with petroleum contamination originating from an on-site storage tank often hinges on MPCA approval of corrective actions required under the Petroleum Tank Release Cleanup Act (Minn. Stat. 115C). Because time is often of the essence, the Petroleum Brownfields Program offers an expedited review of the reports required for these leak sites. Petroleum Brownfields Program staff will respond within 30 days from the receipt of a report. For many properties, the quicker review can lead to quicker corrective-action approval and/or file closure.

Petroleum Brownfields Program staff can also review corrective actions for petroleum contamination that did not originate from a storage tank (as defined under Minn. Stat. 115C). Petroleum Brownfields Program staff will issue a file closure letter for these petroleum non-tank release sites when staff conclude that the investigation and/or cleanup has adequately addressed the contamination. Obtaining file closure can be vital to the sale of these properties.

Review of Development Response Action Plans

Even after cleanup or MPCA file closure most properties will have contamination remaining. State law requires that persons properly manage contaminated soil and water they uncover or disturb - even if they are not the party responsible for the contamination. Property owners, purchasers or developers of property where contaminated soil or water might be encountered may include provisions - called "response actions" - in development plans describing how petroleum contaminated soil and water will be managed if encountered. For some properties, special construction might be needed to prevent the further spreading of the contamination and/or to prevent petroleum vapors from entering buildings or utility access shafts. Persons can get MPCA approval of their proposed response actions from the Petroleum Brownfields Program. By obtaining MPCA approval, property owners, purchasers, developers and lenders can be reasonably confident of what the MPCA will require if petroleum contamination is uncovered. In addition, for many properties cost saving measures such as reusing contaminated soil on-site as "controlled fill" can be approved.

Liability Assurance Letters

Lenders, mortgagors or purchasers often require some type of assurance to demonstrate the lack of responsibility for contamination at a property. Petroleum Brownfields Program staff can issue several types of letters that confirm this. These letters also cover successive purchasers of the property, as long as they were not in some way responsible or involved with the original release.

Leak Site Tank Removal Verification Letter: This letter verifies the removal of the storage tank(s) which caused the petroleum contamination. It states that the property was the site of a petroleum tank release and that the prospective buyer or lender (and in some cases, the current owner) will not be a responsible party for the release due to the fact that the tank(s) from which the release occurred have been removed.

Leak Site File Closure Confirmation Letter: This letter confirms the status of a closed leak site and can serve as a way to add information to the site file after the file has been closed. The letter states that a petroleum tank release occurred at the property, and the file closure status is still valid.

Off-Site Tank Release Determination Letter: This letter identifies the source of the petroleum contamination and states that the owner of the affected property is not a responsible party for the contamination. To obtain this letter, information is needed to show that there is no on-site source of the contamination and that the contamination migrated to the property from an off-site tank.

General Liability Letter: This letter states the definition of a "responsible party" in accordance with Minn. Stat. 115C and special provisions of the statute as it relates to mortgagors. In short, it states that if a person comes into possession of property after the tanks have been removed, that person is not a responsible party and cannot be ordered to take corrective action under this statute.

Application and Billing

To request any of the Petroleum Brownfields Program services, complete and submit the Application Form:

The application form is also available by calling one of the numbers listed below. 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 $125.00 per hour. This fee is not considered an eligible expense for reimbursement under Petrofund. The money collected is deposited into the Minnesota Environmental Fund and used to offset the program costs.

Fact Sheets

Search Leaking Storage Tank Sites

You can now search our Minnesota Leaking Aboveground/Underground Storage Tank Sites database to locate any of the 15,000+ leaking tank sites that have been reported to the MPCA:

For More Information

For more information about services offered through the Petroleum Brownfields Program or if you have questions regarding the transfer or development of petroleum-contaminated property, call any of the following MPCA staff:

If you are considering the transfer or development of property contaminated with chemicals other than petroleum, you may be interested in the services available through the MPCA's Voluntary Investigation and Cleanup (VIC) Program. This program is similar to the Petroleum Brownfields Program, but deals with sites contaminated with solvents, acids, heavy metals, etc. For more information about services offered through the VIC Program, call the MPCA at 651-296-6300 and ask for a VIC staff member.

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

If calling from outside the metropolitan area, the MPCA can be reached toll free at 1-800-657-3864.

Last modified on October 10, 2012 14:16
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