In July 2023, the Nebraska Department of Environment and Energy (NDEE) Brownfields Program added a new facet of technical assistance available to communities looking to redevelop contaminated properties by offering orphan tank removal.

The Brownfields Program is a catalyst for communities looking to cleanup and reuse environmentally contaminated sites. NDEE receives limited funding from the Environmental Protection Agency to offer various investigations and assistance at no cost to eligible communities. This new feature was made available by funding provided through the federal Bipartisan Infrastructure Law.

Abandoned or “orphan” petroleum underground storage tanks (also called “USTs”) are often a hurdle in brownfield redevelopment. Properties with orphan tanks often sit idle for years because potential buyers or developers do not want the responsibility of paying for tank removal.

For an underground storage tank to qualify for removal by the Orphan Tank Removal Program (OTRP), the tank must be out of operation and cannot be tied to a liable or viable party. The Brownfields site must be owned by an organization that represents community interests in order to be eligible; this can include city or county governments, non-profit organizations, economic development districts, regional councils of government, or other public entities. Private landowners are not eligible to apply. Tanks located on non-Brownfields property do not qualify for removal through the OTRP.

In addition to removal, the OTRP conducts environmental sampling for contamination at the site of the qualified orphan tank. If necessary, the Program conducts geophysical work using ground penetrating radar to locate underground storage tanks. NDEE utilizes private contractors to remove the tank and conduct environmental sampling. Environmental sampling and geophysical work – along with removal of the qualified tank – are conducted and funded through the OTRP at no cost to the Brownfields property owner. Removal of orphan tanks through the OTRP are conducted in accordance with Nebraska State Fire Marshal regulations.

Should contamination or a release be discovered during the assessment and removal of the orphan tank, it is reported to and assessed by NDEE’s Petroleum Remediation Section which oversees the investigation and cleanup of petroleum contamination across the state.

Removing the tanks and assessing for any petroleum releases at no cost to the community eliminates environmental uncertainties associated with the property, which then attracts investors and developers. Through the OTRP, the property can be returned to productive use which creates jobs and improves the local economy.

Documents related to the OTRP process can be found on NDEE’s web page, Brownfields Assistance Section 128(a) Orphan Tank Removal Program. Materials on the web page include a OTRP guidance document, a reuse outcomes worksheet, and a formal OTRP application.