Understanding Brownfields

Like almost all other communities in the US, Paris, Kentucky has brownfield sites. The Kentucky Brownfield Program notes that Brownfields are “abandoned, unused, or underused properties where redevelopment is hindered due to either known or suspected contamination.” The US EPA’s Brownfield Program describes brownfields very similarly as, “a property where expansion, redevelopment or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant.” Whether you use the state or EPA definition of a brownfield, each description includes perception at the core of the definition - a brownfield site does not require the verified presence of contamination to fit the definition - a site must only be perceived as contaminated be a brownfield. As such, many sites may benefit from nominal environmental assessment to demonstrate that environmental impacts do not exist at the site, and that the site is not a brownfield.

Other sites may indeed witness significant complications getting to redevelopment based on identified and verified contamination. When identified, environmental impacts to properties may require extensive environmental assessment to fully characterize the on site environmental impacts, as well as potential off-site delineation of impacts to areas around the brownfield site.

The first step in the process is determining what environmental conditions may be present at a site. Determining this is typically begun by conducting a Phase I Environmental Site Assessment (Phase I ESA) which is also an essential component in managing liability PRIOR to acquiring deed to a property. This process is a core component of environmental due diligence that is especially recommended for any property with a former commercial use. Environmental due diligence is conducted to evaluate the environmental condition of the property and to meet the requirements for all appropriate inquiries (AAI) as defined in Section 101(35)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, otherwise known as the federal Superfund law)

Essentially, a Phase I ESA is a site environmental history report that follows specific guidelines (ie. ASTM E1527-21) in order to determine the likelihood of risks through identification of “Recognized Environmental Conditions” that may indicate contamination. During a Phase I ESA no sampling (soil, air, groundwater, etc.) is typically conducted.

Additional reports may also be recommended and conducted as part of environmental due diligence for a site, and these separate activities (a Building Materials Assessment; Asbestos Inspection / Survey; Lead based paint assessment or screening; Structural Assessment, or even Phase II ESA, etc. would include sampling and laboratory analysis) may be conducted in conjunction with, but separate, from the Phase I ESA.

The US EPA provides this Revitalization-Ready Guide’s Reuse Assessment component to help build understanding of the process of addressing environmental conditions and liability on brownfields and sites with suspected brownfield conditions that are not yet fully determined.

Communities often seek to remove barriers to redevelopment to encourage private parties to invest in their town or city. Understanding brownfield issues, due diligence, and how to address environmental conditions when identified can enable municipalities and their citizens advance redevelopment goals. Core to this understanding is recognizing that properties may fall into various categories based on public perception as well as verified conditions. Many communities may seek to prepare sites for redevelopment by building understanding through identifying and monitoring a site’s status, and prioritizing it for intervention. Based upon the conditions present (or perceived) a site may be: a brownfield, a site of interest, a redevelopment ready site, or a redeveloped brownfield. Through its technical assistance efforts ICMA TAB has provided this website, as well as an initial inventory of brownfields in Paris, KY - further described here.

As data is gathered through a Phase I ESA, or sampling through a Phase II ESA or other means a site’s status may change. Additionally, a site’s utilization status may also help determine if a site is a brownfield, or a “site of interest” - for example: an auto maintenance facility may be currently operating at a site, and thus remain a “site of interest” until some future date when it becomes dormant, vacant, or even abandoned - at which point, without environmental investigation to demonstrate it is no environmental impacts exist to thwart redevelopment, such a site would generally transition from a “site of interest” to “brownfield”.

Federal and state brownfield assessment and cleanup grants are available to assist communities address brownfield redevelopment concerns. The City of Paris, KY is joining the Bluegrass Area Development District (BGADD) to submit a proposal for a US EPA Brownfield Assessment Coalition Grant for FY25 funding in November, 2024. This funding will assist Paris, KY assess brownfield conditions at the 68 sites of interest and brownfields identified in the initial brownfield inventory - including the catalyst site of the former Incinerator and Waste Transfer facility near Chief Reed Park, and many more.