And the Minnesota Targeted Brownfield Assessment Program

Transcription

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 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.

6 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

7 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. Generally 1 to 3 years.

8 Ask a lot of questions of your consultant and government agencies & follow the appropriate program 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.

9 A Technical Assistance Program for Evaluating Brownfields Sites

10 MNTBAP is run through the VIC Program. VIC receives an EPA 128(a) grant each year & a portion can be used for site assessments. Parties apply to the MNTBAP for assistance. MPCA contractors are used to complete the work. Eligible parities include: Municipal government, County government, Tribes, and Non-Profit organizations.

11 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. Responsible Parties are Not eligible.

12 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.

13 Visit the MPCA Brownfields webpage and download the application forms. 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. New Projects start in October of each year.

14 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.

15 EPA Assessment, Revolving Loan Fund, and Cleanup (ARC) Grants require a Letter of Support from the MPCA. Letters of Support should be requested via or USPS mail at least 2 weeks prior to the grant deadline. Requests should be sent to Shanna Schmitt & Stacey Hendry-Van Patten Requests should include: o Brief description of the project o Specific site eligibility requirements (for petroleum sites) o Property ownership eligibility requirements

16 MPCA Brownfields webpage MPCA Remediation Division guidance webpage MPCA Brownfield Success Stories webpage MDA AgVIC webpage nse.aspx

17 If you think of questions later, please contact Shanna Schmitt at or