DEP Issue Profile

Brownfields Program

Revised: October 2026
Contact: Chris Redmond at 207-215-8597

Purpose

A “brownfield” is defined by the United Stated Environmental Protection Agency (USEPA) as “…real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant." [Comprehensive Environmental Response, Compensation and Liability Act §101(39)]. The purpose of the Brownfields Program is to encourage redevelopment at such properties. This is accomplished by working with stakeholders and property owners to assist them with conducting environmental investigations and remediation (when necessary), to allow for safe and productive re-use of brownfields sites.

Background

An unintended consequence of USEPA’s Superfund Law, also known as CERCLA (Comprehensive Environmental Response, Compensation and Liability Act), was that properties with an industrial past (e.g., brownfields) were assumed to have insurmountable environmental liability associated with them. The result was that developers and lenders decided, in some instances without any supporting data, that the liability risks outweighed redevelopment potential and that previously undeveloped properties (i.e., greenfields) were more suitable for development. This stigma left many properties unproductive and underused, often creating tax liabilities for the community and encouraging new development to locate in more rural areas. This trend known as “sprawl” leaves existing infrastructure such as public sewer and water underutilized. As a result, USEPA began developing the Brownfields Program in the mid-1990s.

Brownfields Law

The initial brownfields legislation had its origins within the Superfund law and, as a result, was tied to the existing federal regulatory requirements. The then existing regulations included onerous and time-consuming processes that were not necessarily conducive to redevelopment. In 2002, new legislation passed, the Small Business and Brownfields Revitalization Act (SBBRA) [42 U.S.C. §§ 9601-9628], which eased some of the regulatory requirements and further encouraged redevelopment of brownfields sites. This is commonly referred to as the Brownfields Law.

Brownfields Process

Once brownfields sites are identified, they all follow the same general process to determine if there is contamination and then address risks related to any contamination found. The process begins with environmental site assessments (ESAs) in two phases. A Phase I ESA is a historical and records review of the property to determine if activities at the site potentially could have caused onsite contamination. The result of the Phase I report is identification of "Recognized Environmental Conditions" (RECs) (i.e., areas onsite that are potentially contaminated).

If RECs are identified in the Phase I ESA, a Phase II ESA is conducted. This investigation usually involves environmental sampling of media such as groundwater, soil, and soil vapor to determine if contamination exists onsite at concentrations that pose a risk to current or future site users. A feasibility study, known as an Analysis of Brownfields Cleanup Alternatives (ABCA), may follow the discovery of contamination to evaluate cleanup options and to provide an estimate of cleanup costs.

Sites usually enter the Maine Department of Environmental Protection's (MEDEP) Voluntary Response Action Program (VRAP) between the Phase I and Phase II investigation. Often the Phase II work plan is submitted for review and comment, and the VRAP program works with the applicants to ensure the investigation is acceptable and will produce sufficient information to determine if remediation is necessary.

Remediation conducted with oversight of MEDEP's VRAP will result in liability releases from certain state laws, to the extent allowed in the VRAP Law. For general information on the VRAP program see the DEP Issue Profile, Voluntary Response Action Program.

US EPA Funding

USEPA provides funding for brownfields through several processes. There is an annual USEPA competitive grant program through which USEPA provides grant money directly to municipalities and other non-profit entities to use for assessment or cleanup of sites. This process is explained in more detail below.

USEPA also provides funding directly to state and tribal programs, funding which MEDEP uses to fund its state Brownfields Program. The MEDEP Brownfields Program is also described in more detail below.

US EPA Competitive Grants to Municipalities and Not-for-Profits

USEPA has money available through grants awarded to municipalities or eligible non-profit entities. Grant types and amounts vary from year to year, but generally include grants for assessment activities or for cleanup activities. Applicants may apply for grants on specific sites or on a community-wide basis. There are specific eligibility requirements for each type of grant. Applications from across the country are evaluated by USEPA and are awarded on a competitive basis. One EPA requirement in the application process is that the MEDEP provides a letter of acknowledgement that the municipality/non-profit is applying for funding. As a result, the grant recipients are required to work with the MEDEP via the VRAP program throughout the process. This ensures activities are conducted in an appropriate manner and that properties are suitable for safe reuse when the process is complete.

MEDEP Brownfields Program

The MEDEP Brownfields Program began in 1995 when MEDEP received funding from EPA to conduct site assessments. In 1997, USEPA began providing funding for enhancement of the State’s Brownfields Program. The MEDEP has conducted investigations and cleanups at hundreds of sites since the program’s inception.

The program began within and remains connected to the Maine’s Voluntary Response Action Program (VRAP). VRAP provides review, oversight and approval for investigations and remediations, and issues liability releases to entities or individuals based on these activities. Sites with brownfields funding involved can, and routinely do, participate in the VRAP. Sites with no brownfields funding also routinely participate in VRAP.

Each year the MEDEP applies for brownfields grant funding in conjunction with the following activities: 1) program development to enhance the “four elements” and public record requirements, 2) program development to enhance clean-up capacity and 3) site specific activities.

The “4 Elements”

The Brownfields Law (SBBRA) requires that states meet four elements to receive brownfields grant funding and to become an EPA recognized program. These elements are: 1) to provide a timely inventory of brownfields sites in the state; 2) to have enforcement authority to ensure that response actions will protect human health and the environment and be conducted in accordance with federal and state law; 3) to have a mechanism for approving clean-up plans and verifying and certifying that the clean-up is complete; and 4) to provide meaningful opportunities for public participation.

MEDEP has already met the first three elements. In April 2004, MEDEP surveyed all the 492 municipalities in the state of Maine regarding the number and types of brownfields. Four hundred and sixty-two municipalities responded reporting 2,105 sites; 46% of these were gas stations and auto repair facilities. The MEDEP has programs in place through the Division of Oil and Hazardous Waste Facilities Regulation and Division of Remediation to provide enforcement authority. The MEDEP approves, verifies and certifies remediation has been completed at sites through the VRAP program. In 2008, MEDEP fulfilled the last element by working with a stakeholders group to develop a public communication policy for the program, which is available on the VRAP web page.

Public Record

EPA also requires that states provide a public record of sites in their program. MEDEP’s file room maintains Department records, including the Division of Remediation online documents portal, which includes brownfields and VRAP sites. This database lists pertinent information about the sites including: site name, status, and address of the property. MEDEP also maintains GIS maps, including the “Division of Remediation” map which includes brownfields and VRAP sites.

Site Assessment

MEDEP receives EPA grant funding to conduct environmental assessment activities at brownfields properties statewide. Properties may be owned by Municipalities, non-profits, or by private entities. Privately owned brownfields properties are eligible for assessment provided the associated Municipality is supportive of the proposed redevelopment. The MEDEP has environmental consultants under contract to conduct ESAs including Phase I, Phase II and remedial planning activities. Applications are accepted on a rolling basis and are available on MEDEP’s Brownfields webpage.

Remediation

MEDEP has limited grant funding to complete cleanup activities at brownfields sites. Due to associated grant conditions, a Municipality or non-profit must own the property at the time remedial work is completed. For a site to qualify for funding under this program, the site owner must have completed, at a minimum, a Phase I ESA prior to taking title to the property. There are some exceptions, such as properties acquired through tax foreclosure or acquired prior to 2002 (when federal brownfields legislation was enacted). Generally, a Phase II ESA and feasibility study (aka an ABCA) will also be needed prior to beginning cleanup work. The amount of MEDEP funding available from MEDEP for cleanup work varies and is subject to availability. Applications are available on MEDEP’s Brownfields webpage.

Additionally, MEDEP also works closely with Maine DECD on the administration of DECD’s Brownfields Revolving Loan Fund, which can also provide grants and loans for eligible remediation and cleanup activities.

Additional Information

For additional information, including staff contact information, visit the MEDEP Brownfields webpage.