Kentucky
Brownfield Redevelopment and Reuse Program (415 Program)
Kentucky's Brownfield Redevelopment and Reuse Program (415 Program) gives liability relief to qualifying property owners and prospective owners of brownfield property. The Kentucky legislature passed the Brownfield Property Redevelopment and Reuse Law, KRS 224.1-415, in 2012, and the program it established is commonly called the 415 program. The Superfund Branch of the Kentucky Department for Environmental Protection (DEP) is the technical arm of the program, and its State Section and Petroleum Section process the applications.
In a Phase I ESA
ASTM E1527-21 does not name a state liability relief program among its standard record sources. The state's list of brownfield sites is the Brownfield Inventory. A 415 file still matters, because it holds the conditions on how the property may be used and managed.
- The relief comes in two notices. DEP says the documentation includes a Notice of Eligibility, a written determination that the qualifying applicant will not be required to perform investigation or cleanup under the state Superfund statutes, and a Notice of Concurrence, in which the Cabinet agrees with the applicant's property management plan for ongoing management and reuse of the site.
- The plan governs activities at the site. Entities in the program must develop a Property Management Plan (PMP) and comply with all continuing obligations to keep the liability protections. DEP calls the PMP a governing document for managing activities at a brownfield site. A plan may be amended in coordination with the Cabinet, so ask for the current version. DEP's State Section conducts regular audits for adherence to the program's requirements.
- A Phase I comes first. DEP says that to be considered for liability relief, the assessment must be conducted before acquiring the property, and that a Phase I performed to EPA's All Appropriate Inquiries standard is required before taking ownership.
Bona Fide Prospective Purchasers
For a prospective purchaser of a brownfield property, liability protection is open only to one that meets the criteria for a Bona Fide Prospective Purchaser (BFPP), which DEP says House Bill 272, passed in 2005, outlines. DEP describes a BFPP as an entity that:
- did not cause the contamination;
- has conducted an all appropriate inquiry assessment of environmental issues at the property;
- takes care to prevent the environmental problem from becoming worse;
- takes appropriate steps to prevent or eliminate exposure to previously released hazardous substances;
- is willing to provide access to the property for cleanup purposes;
- does not disrupt any institutional controls or violate land-use restrictions designed to manage the contamination;
- has no affiliation with the party responsible for the contamination.
DEP adds that any entity applying for a cleanup grant or loan through EPA or Kentucky's Cleaner Commonwealth Fund must be a BFPP. The program's regulations are 401 KAR 102:005 (program definitions), 401 KAR 102:010 (the program) and 401 KAR 102:020 (property management plans).
Where to look a site up
The pages read link no list of 415 properties or determinations. The Brownfield Help Desk is at 502-564-6716 and brownfields@ky.gov.
Getting the file
For a property with a 415 determination, ask for the Notice of Eligibility, the Notice of Concurrence and the Property Management Plan with any amendments. The Cabinet takes open records requests by email to EEC.KORA@ky.gov, with as much detail as possible about the records sought. Only residents of the Commonwealth, as the Open Records page defines them, may request to inspect public records.
Sources
Kentucky Energy and Environment Cabinet pages, read October 12, 2026, no modified date shown: