And the Minnesota Targeted Brownfield Assessment Program
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1 And the Minnesota Targeted Brownfield Assessment Program
2 Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Cleanup (VIC) Program Former dry cleaners, old dumps, contaminated fill, etc. Hazardous substances: Metals, VOCs, PAHs, PCBs Petroleum Brownfields Program (PBP) Former gas stations, bulk plants, railroads, etc. Tank or Non-Tank sources. Activities undertaken solely for redevelopment are not reimbursable by Petrofund. Minnesota Department of Agriculture (MDA) Agricultural Voluntary Investigation and Cleanup (AgVIC) Program Sites with agricultural related contamination. Fertilizers, pesticides, & some arsenic.
3 Created by the legislature to address liability concerns and provide technical oversight at brownfield sites. Voluntary Parties (VPs) include: Developers Local Units of Government Lenders Property/Business Owners Non-Profit Organizations Anyone involved in buying, selling, financing, or redeveloping contaminated property.
4 Brownfield (BF) staff provide technical oversight of investigations and cleanups at sites. Fee for service programs, charge $125/hr/staff person. The VIC & PB Programs offer liability assurances. These assurances facilitate property transfer and redevelopment. Governed by: MN Statute 115.B, the Minnesota Environmental Response & Liability Act (MERLA), and MN Statute 115.C, the Petroleum Tank Release Cleanup Act.
5 VIC was the first voluntary cleanup program in the USA & began in active sites at any time in each program. Approximately 57,000 acres of land, as part of VIC sites, and approximately 10,000 acres of land, as part of PBP sites, have been returned to beneficial use after receiving assurances and oversight. Almost half of our BF sites have both hazardous substances and petroleum contamination.
6 VIC Sites: Dry cleaners Metal plating Manufacturing Old, unpermitted dumps Rail yards PB Sites: Former & active gas stations Former bulk plants Releases from heating oil tanks Rail yards Releases from non tank sources Frequently, these sites are changing land use while enrolled in the BF Programs. A former dry cleaner into multi-family housing. A former gas station into an office building.
7 VIC Sites: Lender No Association Determination (Lender NAD) No Association Determination (NAD) No Action (NA) Determination No Further Action (NFA) Determination Off-Site Source (OSS) Determination Certificate of Completion (COC) PB Sites: Leak Site Tank Removal Verification Letter Leak Site File Closure Confirmation (CloCo) Letter Off-Site Tank Release Determination Letter General Liability (GL) Letter Degree of legal protection relates to level of environmental effort!
8 Lender NAD A statement to lenders of the MN statute that they are not liable when solely providing financing. NAD Responsible Parties (RPs) are not eligible. Must have ownership interest in the site. Must have an Identified Release (IR) of hazardous substances, pollutants, or contaminants. Liability protection when a party follows their specific Proposed Actions at the site. Extent & magnitude of the IR must be defined if building over contamination during redevelopment.
9 Two Types of Institutional Controls (ICs). Affidavit/Property Notification. A notification that there is residual contamination left in place. Environmental Covenant. Restricts the property use in some way.
10 The length of time to get the desired liability assurances is based on: The type of assurance needed, The complexity of the site, The quality and completeness of the technical information provided about possible or real contamination at the site, and The length of time the applicant takes to complete the project investigations, reports, and tasks.
11 Ask a lot of questions of your consultant and government agencies & follow the petroleum guidance when applicable. Know what is required to redevelop a site. This will reduce anxiety about the cleanup and will help maximize liability assurances. Maintain good communication with your consultant and BF staff. Make sure that investigations are complete. No surprises and no extra costs from additional sampling. Determine the level of attorney involvement needed. Legal advice should help address liability risk.
12 VIC and PBP are now using a combined application. Working on an online application. Reduced hourly fees from $150/hour to $125/hour in Older VIC site files are being scanned into OnBase, our electronic filing system & all BF sites require PDFs of submittals. Quicker and easier access to site files. New and updated guidance Vapor Intrusion guidance. Regulated and Unregulated Fill Policies. More guidance updates planned! VIC and PBP will be using the same database soon!
13 MPCA VIC Program webpage MPCA PB Program webpage MPCA Brownfields webpage MDA AgVIC webpage nse.aspx
14 Select Before & After Photos of BF Sites
15 Impacted with metals, PAHs, PCBs And DRO from an old ash dump. Now the Park Nicollet Melrose Eating Disorder Clinic. Bass Lake Dump redevelopment of an old ash dump.
16 Impacted with metals and PAHs from Use as the former Bunge Grain Elevator. Now affordable housing for Project for Pride in Living. Van Cleve Court An old grain elevator becomes multi-family residential housing.
17 Impacted with metals, PAHs, petroleum contaminants and coal dust from the former Clyde Iron Works which began operations in Now a state of the art sports center. Clyde Iron Works Site An old manufacturing plant becomes the Duluth Heritage Sports Center.
18 Impacted with mercury from incinerator ash and petroleum compounds from old tanks. Originally built in 1896 by Dr. Martha Ripley. Renovated and expanded into affordable housing units. Ripley Gardens Dr. Ripley takes on some new boarders in Minneapolis.
19 Impacted with PCE, metals, and PAHs from a former dry cleaner and urban fill. Redeveloped as the MN BioBusiness Center near the Mayo Clinic in Rochester. Minnesota BioBusiness Center in Rochester.
20 Impacted with PCBs, PAHs and petroleum compounds from a former coal gasification plant ( ). Now a restored prairie area that connects to local trails. Austin Gas Manufacturing Site Redevelopment of a former coal Gasification plant.
21 Impacted with metals, PAHs and petroleum compounds former RR lines that moved freight to/from the warehouse district. Now the new Twins ballpark. MN Twins Ballpark Baseball was meant to be played outdoors and it is at the new Target Field.
22 Xcel Energy High Bridge Generating Plant in St. Paul. The old Northern States Power coal burning stack coming down, St. Paul. Impacted with cyanide and debris from the former coal plant and former Levee Station manufactured gas holder and filtering facility. Now a new, natural gas power plant.
23 Impacted with PAHs, metals and petroleum compounds from urban fill and former food warehouse, meat processing and creamery businesses. Now a new HCMC Clinic. HHS Addition (Whittier Clinic) in Minneapolis.
24 A Grant Program for Assessing Brownfields Sites
25 MNTBAP is run through the VIC Program. VIC receives an EPA 128(a) grant each year. A portion of the 128(a) grant can be used for site assessments. Parties apply to the MNTBAP for a grant. We use our contractors to complete the work. Eligible parities include: Municipal government, County government, Tribes, and Non-Profit organizations.
26 Must be in MN! Municipal government, county government, tribal government, & non-profit organizations may sponsor MNTBAP projects. Preference is given to brownfield to greenfield sites. Redevelopment into parks, trails, open space, etc. Non metro-area sites are encouraged to apply. We have had only a few out-state sites. Federal Superfund sites are not eligible.
27 After your application is accepted: MNTBAP hires contractors to complete the work. The grantee does NOT have to do any contracting. MNTBAP can pay for: Phase I Environmental Site Assessments (ESAs). Is there evidence of contamination? Phase II ESA and possible Supplemental Phase II ESAs. Subsurface soil, groundwater, and soil vapor sampling. May include a hazardous material survey of the building(s). Preparation of a Response Action Plan (RAP). Cleanup costs are not eligible.
28 Visit the MPCA Brownfields webpage and download the application forms (see next slide). 4 pages, include photographs if they re available. Fill in the information, no essays! Call or John Betcher, MNTBAP Coordinator with any questions , or john.betcher@state.mn.us. Send the application materials to the MPCA address as listed on the forms. Any time, no deadline. We start awarding new grants in October of each year.
29 Information on MNTBAP and application materials are on the MPCA s Brownfields webpage: MNTBAP Success Stories are also online (look towards the bottom of the page):
30 You will be provided with paper and PDF copies of all the reports completed. Phase I ESA report, Sampling and Analysis Plan, Phase II ESA report, and/or a RAP. Knowledge you will know the scope of contamination at your site. You will have the information you need to: Seek out cleanup funding for your site, or Work with a developer to redevelop the site.
31 If you think of questions later, please contact Shanna Schmitt at or
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