The University of Kentucky is committed to exemplary compliance with all applicable local, state, and federal environmental regulations to promote a safe, healthy, and sustainable campus environment for faculty, staff, students, and visitors. As part of this commitment, the University conducts appropriate environmental due diligence during the acquisition of real property to identify and evaluate potential environmental conditions that could result in future liabilities. The Environmental Quality Management (EQM) Department coordinates Phase I and, when warranted, Phase II Environmental Site Assessments (ESAs) of prospective properties to identify recognized environmental conditions, assess potential contamination, and provide the information necessary to support informed acquisition decisions and appropriate risk management.
When evaluating a property for acquisition, the University conducts a Phase I Environmental Site Assessment (ESA) to identify known or potential sources of environmental contamination associated with the property. Phase I ESAs are performed in accordance with ASTM Standard E1527-21 and satisfy the All Appropriate Inquiries (AAI) requirements established by the U.S. Environmental Protection Agency (EPA). Compliance with these standards, as recognized by the Kentucky Department for Environmental Protection, helps preserve the University's eligibility for certain statutory liability protections related to environmental conditions that existed prior to the University's acquisition of the property.
If a Phase I Environmental Site Assessment (ESA) identifies one or more Recognized Environmental Conditions (RECs) indicating the potential for environmental contamination, a Phase II ESA may be conducted to further evaluate the presence and extent of contamination. Phase II investigations typically involve collecting soil, groundwater, soil vapor, and/or indoor air samples, which are analyzed by certified laboratories. The analytical results are compared to U.S. EPA Regional Screening Levels (RSLs) for residential and industrial land use to evaluate potential risks to human health and the environment.
Upon completion of the environmental assessment process, the University can make informed decisions regarding property acquisition, risk management, and any necessary mitigation measures to protect the campus community. Where engineering controls or institutional controls are required to manage residual contamination, the Environmental Quality Management (EQM) Department assists in coordinating inspections and monitoring activities to verify that these protective measures remain intact and effective in safeguarding faculty, staff, students, patients, visitors, and contractors.
EPA: https://www.epa.gov/brownfields/brownfields-all-appropriate-inquiries
EPA Fact Sheet - Assessing Brownfield Sites: https://www.epa.gov/sites/default/files/2020-07/documents/assessing_brownfield_sites.pdf
KY Revised Statues Chapter 224: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38287
KY brownfield: https://eec.ky.gov/Environmental-Protection/brownfields/Pages/default.aspx