Here is a list of frequently asked brownfield questions. To find the answer, click on the question hyperlink. To return to the top of the page, click on the "top of page" hyperlink after each question.
General Information
1. What is a brownfield?
2. How many brownfields are there in the commonwealth of Kentucky?
Assessment and Cleanup
3. What steps should I take if I am considering purchasing a property that potentially has environmental contamination?
4. What is all appropriate inquiries?
5. Are environmental consultants required to be licensed in the commonwealth of Kentucky?
6. How can I find an environmental consultant?
7. What cleanup tracks are available?
8. What are Kentucky's cleanup standards?
9. What can be done if contamination is found?
Property Information
10. How can I obtain environmental records on a property in Kentucky?
11. Does Kentucky have a list of brownfield properties that are available for redevelopment?
12. How do I submit a property to the Kentucky Brownfield Inventory?
13. How can you obtain a listing of properties with institutional controls?
Cleanup Incentives
14. What financial incentives are available for someone who wishes to purchase a brownfield?
15. I am interested in developing a run-down property that isn't contaminated and is not a brownfield. Are there any resources available to me?
Liability
16. What liability protection is available for someone who wishes to purchase a brownfield?
Public Participation
17. Is public participation part of the brownfield cleanup process?
18. Is there a mechanism in place where the public can voice concerns if they feel a brownfield is affecting their community?
Contact Information
19. How can I contact the Kentucky Brownfield Program?
1. What is a brownfield?
A brownfield site means 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. They can include old factories, mine-scarred lands, abandoned gas stations and former dry cleaning establishments.
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2. How many brownfields are there in the commonwealth of Kentucky?
While an exact number is unknown, it is estimated that there are about 8,000 brownfield sites in the commonwealth of Kentucky.
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3. What steps should I take if I am considering purchasing a property that potentially has environmental contamination?
The first step is to hire an environmental professional to conduct all appropriate inquiries. This will begin the process of providing you liability protection as a bona fide prospective purchaser. Many financial institutions will require the inquiry before lending money on a property. It will also identify what contamination may be present on the property.
If all appropriate inquiries indicate possible contamination, the prospective purchase should have the environmental professional conduct sampling to confirm or deny the actual presence of contamination, its extent, the options for cleanup or management and the potential cost. Based on this information and the available incentives, the purchaser can then determine if he or she wishes to proceed with the project.
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4. What is all appropriate inquiries?
All appropriate inquiries is the process of evaluating a property's environmental conditions and assessing potential liability for contamination. On Nov. 1, 2006, the all appropriate inquiry final rule became effective. The Environmental Protection Agency has established that the revised ASTM E1527-05 standard is consistent with the requirements of the final rule for all appropriate inquiries and may be used to comply with the provision of that rule.
In the case of a facility purchased for residential use by a person who is not a government or commercial entity, a facility inspection and a title search satisfy the appropriate inquiry requirement.
For additional details, see the EPA Web page regarding all appropriate inquiries.
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5. Are there any requirements for an environmental consultant in Kentucky?
There are no current requirements for licensing environmental consultants in Kentucky. However, to qualify for liability protection as a bona fide prospective purchaser, a brownfield developer must conduct all appropriate inquiries as specified by the EPA. The rules for all appropriate inquiries specify educational and experience requirements for the environmental professional who performs or oversees the inquiry. See the EPA fact sheet on all appropriate inquiries for details.
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6. How can I find an environmental consultant?
We are unable to recommend consultants. The following sources are provided as a convenience. The appearance or absence of a consultant on either list should not be construed to reflect on the qualifications of the consultant. Use the same care to select the consultant as you would in hiring any professional. If you are seeking bona fide prospective purchaser liability protection, make sure that all appropriate inquiries will be conducted or overseen by an individual who meets the requirements of an environmental professional, as described in Question 5.
The Kentucky Pollution Prevention Center maintains a list of consultants that can be sorted by the types of services provided.
The Kentucky chapter of the National Brownfield Association has developed a resource list of its members and organizations involved in brownfield redevelopment. It is posted on the chapter Web page.
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7. What cleanup tracks are available?
There are four tracks available. These differ in complexity, level of liability protection provided, degree of public involvement and who is eligible. Some incentives are also restricted to certain tracks.
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8. What are Kentucky's cleanup standards?
Visit Kentucky's Voluntary Environmental Remediation Program home page to see the list of preliminary remediation goals and the guidance documents and how to apply them.
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9. What can be done if contamination is found?
Kentucky Revised Statute 224.01-400 (18) provides four options:
- Demonstrating that no action is necessary to protect human health, safety and the environment
- Managing the release in a manner that controls and minimizes the harmful effects of the release and protects human health, safety and the environment, provided that the management may include existing or proposed engineering or institutional controls and the maintenance of those controls
- Restoring the environment through the removal of the hazardous substance, pollutant or contaminant, or
- Any combination of paragraphs (1) to (3) of this subsection.
Option 1 requires that a person demonstrate that contamination is below levels that pose unacceptable risks. The preliminary remediation goals and associated guidance documents on Kentucky's Voluntary Environmental Remediation Web page provide guidance to establishing when option 1 is acceptable.
Option 2 involves managing waste in place. This may involve engineering controls, such as installing and maintaining an asphalt cover over the contamination. There would generally be an institutional control placed on the deed to ensure that the engineering control is maintained. There may also be institutional controls to regulate activities on the property, such as a requirement that the property never be used for residential development or to prohibit the use of groundwater from below the property.
Option 3 involves removing or destroying the contamination. The contamination may be dug up and sent to a landfill designed to contain it. The contamination may also be destroyed on-site, through chemical, biological or other processes.
Option 4 involves some combination. Commonly, the person will remove the most contamination (option 3) and then use engineering and/or institutional control (option 2) to address the remaining contamination.
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10. How can I obtain environmental records on a property in Kentucky?
Public environmental records on individual properties can be found through an open records request, also known as a Freedom of Information Act Request or FOIA request. Information and instructions on how to make a request can be found at the Division of Waste Management File Room.
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11. Does Kentucky have a list of brownfield properties that are available for redevelopment?
Kentucky has established a voluntary brownfield submission program. These sites can be found on the program's inventory Web page. This is a voluntary program and does not reflect the full scope of brownfields in Kentucky. If you are interested in locating to a particular city or county and there are no properties in the inventory that meet your needs, it is suggested that you contact the local economic development coordinator for that city or county in which you wish to locate to obtain their help in locating brownfields that are available.
Another source to locate potential brownfields is the state superfund list, which can be viewed by making a FOIA request. (See Question 10 for guidance on making a FOIA request). While all of these sites have or have had environmental issues, not all of these sites are brownfields. Some are properties that are now in productive use. Other sites, such as transportation accidents, scenes or drums, are not suitable for redevelopment.
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12. How do I submit a property to the Kentucky Brownfield Inventory?
Currently, property owners or their representatives can go to the Kentucky brownfield inventory page and submit a property by using the program's online submission system. Forms for manual submission of properties are also available on this page.
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13. How can you obtain a listing of properties with institutional controls?
A list of properties with institutional controls can be obtained through an open records request to the Division of Waste Management file room. (See Question 10 for guidance on making a FOIA request.)
IMPORTANT: The database from which the institutional control list is obtained is relatively new. It includes properties where environmental institutional controls were established after the database was activated. Older institutional controls are being added to the database as properties come up for review, but the database is not complete as of yet. Individual properties should be researched at the Division of Waste Management file room and at the county clerk's office. If the property may have been a service station, be sure to contact the file room for the underground storage tank bank in addition to the main Division of Waste Management file room. See the open records Web page for contact information for both file rooms.
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14. What financial incentives are available for brownfield cleanup?
There are incentives available at the local, state and federal levels. The state offers free targeted brownfield assessments to municipalities, nonprofits and quasi-governmental agencies. The EPA makes grants available for municipalities and nonprofits that undertake a brownfield cleanup. Information on those grants can be found at the U.S. EPA Web site. Other entities may be eligible for tax incentives and credits available through the Kentucky Cabinet for Economic Development. For more details on tax incentives go to the Economic Development Web site. There are other funding opportunities available. Check out our resources page for examples of available funding. You can also contact the Kentucky Brownfield Help Desk 800-926-8111 to discuss incentives for specific projects.
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15. I am interested in developing a run-down property that isn't contaminated and is not a brownfield. Are there any resources available to me?
The Brownfield Program was developed to help with the cleanup and reuse of contaminated properties, but many resources identified on the Web page are available for other redevelopment projects. The proposed end use: commercial, residential, recreational and green space, is an important component in determining what incentives are available.
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16. What liability protections are available to those who wish to purchase brownfield properties?
State and federal law provides protections for redevelopers who meet the criteria to be a bona fide prospective purchaser. To be a bona fide prospective purchaser, the following requirements must be met:
- All disposal took place before the date of purchase.
- The person made all appropriate inquiries. (See Question 4 for more information on all appropriate inquiries.)
- The person exercises appropriate care with respect to a release.
- The person provides full cooperation, assistance and access to persons authorized to undertake response actions or natural resource restoration.
- The person complies with land use restrictions and does not impede performance of institutional controls.
- The person complies with all informational requests.
- The person provides all legally required notices regarding the release of hazardous substances.
- The person is not potentially liable or affiliated with any other person potentially liable.
For a detailed explanation of the requirements, please consult:
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17. Is public participation part of the brownfield redevelopment process?
Documents related to any cleanup are available for public view under provisions of Kentucky's Open Records Act. (See Question 10 for guidance on making a FOIA request.)
For any proposed remedy that does not achieve the target risk levels at the point of exposure, the volunteer shall provide a public notice. The cabinet shall not receive public comments for 30 days following the publication of the notice. "Target risk level" means an excess cancer risk of one in one million carcinogenic endpoints and hazard index of 1.0 for noncancer endpoints.
All cleanups being conducted under the No Further Remediation Letter process (KRS 224.01-450 through 465) include a public notice and public comment period.
Kentucky's Voluntary Environmental Remediation Program (VERP) has the strongest liability protection for volunteers, but it also has the strongest public participation component. Requirements include:
- The applicant shall notify the local government units at the time of application and at the time that the corrective action plan is proposed.
- The applicant shall place notices in the newspaper of the largest circulation in the county at the time of application and at the time that the corrective action plan is proposed.
- The applicant shall post a sign on the property stating that the site is undergoing remediation and provide information on where and when the corrective action plan is available for public review and comment.
- Copies of all relevant documents shall be placed in the public library. (The documents are also available from the Division of Waste Management File Room as provided by the Kentucky Open Records Act, KRS 61-870-884.)
- A comment period of at least 30 days shall follow publication of the notice of submittal of a corrective action plan. During the comment period, any person may submit written comments to the cabinet concerning the corrective action plan and may request a public hearing. The cabinet shall consider all written comments and public testimony prior to taking an action.
- The public may appeal approval of a corrective action plan or issuance of a covenant not to sue.
As always, the staff remains available to give introductory presentation to the general public to answer questions by individuals.
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18. Is there a mechanism in place where the public can voice concern if they feel that a brownfield could be effecting their community?
There are two ways in which an assessment of a brownfield may be requested:
- Any person that is or may be affected by a release or threatened release of a hazardous substance, pollutant, contaminant or petroleum at a brownfield site may file a complaint to the Department for Environmental Protection. The complaint will be directed to the most appropriate branch within the Department for Environmental Protection.
- The second option is for local government or qualified nonprofits to directly approach the Kentucky Brownfield Program to request assessment. The party completes an application. The Brownfield Program reviews all applications to determine if the property meets all requirements outlined in the Small Business Liability Relief and Brownfields Revitalization Act, and then prioritizes the requests for assessments based upon the potential threat to human health and the environment, the lack of a viable responsible party, and the potential public benefit. Any proposed assessment is submitted to EPA Region IV for its review and comments prior to the start of assessment.
The state works to ensure that small communities, as well as disenfranchised and communities of color surrounding or adjacent to brownfield properties, have substantive opportunities to receive technical assistance, including assessments and document reviews.
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19. How do I contact the Kentucky Brownfield Help Desk?
The Kentucky Brownfield Help Desk can be reached at 800-926-8111 or 502-564-0323. The help desk connects you with a brownfield team member who can provide information about financial resources and liability, help determine site status, find proper agency contacts for your brownfield project, serve as a liaison, ombudsman and interagency coordinator for your project, review and critique grants and answer general brownfield questions.
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