DAY ONE - Wednesday, August 9, 2023

8:00 a.m.            
Registration and Continental Breakfast

8:30 a.m.    
Welcome and Program Overview

Robin Thomerson, Partner, Dentons

8:30 a.m.
Update from Kentucky’s Energy and Environment Cabinet

Rebecca Goodman, Secretary, Kentucky Energy and Environment Cabinet

9:30 a.m.        
Kentucky Air Quality Update

Robin Thomerson, Partner, Dentons
Michael Kennedy, Director, Kentucky Division for Air Quality

Please join us for a discussion of the latest regulatory actions and updates regarding air quality issues for industry in Kentucky. We will be discussing the regulatory landscape and its implications on Kentucky businesses for the foreseeable future. This session is designed to assist environmental professionals in planning for compliance both today and in the future.

10:45 a.m.        
The Kentucky No Discharge Operational Permit

John West, Attorney, English Lucas Priest & Owsley, LLP
Gary Thompson, Attorney, Walters Richardson PLLC
Joye Beth Spinks, Attorney, English Lucas Priest & Owsley, LLP

The Kentucky No Discharge Operational Permit (“KNDOP”) is a unique permit required by the EEC for waste handling systems that do not have, or intend to have, a point source discharge. Unlike Kentucky’s KPDES permits, which must comply with EPA requirements, KNDOPs are creatures of the EEC. Certain industrial, commercial, agricultural, and even residential facilities may need KNDOPs if they operate closed loop or spray irrigation systems, animal feeding operations, or residences that do not have subsurface waste treatment such as septic systems. KNDOPs may be General or Individual Permits. KNDOP requirements go beyond federal law and have multifaceted provisions. These may involve the preparation of and compliance with State Ground Water Protection Plans, Best Management Practice Plans, Water Quality Plans, and Nutrient Management Plans. Monitoring and analytical testing may be required. There may be limitations on land application rates and locations. Endangered species may need to be considered.

11:45 a.m.    
Lunch with Sponsors

12:45 p.m.    
Water Permitting Update

Clay Larkin, Partner, Dentons

This presentation will cover the current status of EPA's definition of "waters of the United States" along with the impact of litigation before the U.S. Supreme Court and other federal courts related to this issue. It will also address Kentucky statutes passed during the last session of the General Assembly which relate specifically to water permitting.

1:45 p.m.            
Streamlining Environmental Reporting: Leveraging Office 365 for Compliance

Brian Otten, Senior Consultant, Trinity Consultants

This presentation will demonstrate how Office 365 Power Apps and Power Automate can be utilized to streamline environmental reporting. It will focus on three types of reporting: Kentucky Air Emissions Inventory (KyEIS) reporting, hazardous waste reporting, and NPDES reporting. These reports are critical for environmental compliance and provide valuable data for regulatory agencies but can be time-consuming and prone to errors if not managed efficiently. By utilizing Power Apps and Power Automate, we can simplify the data collection and reporting processes, improve accuracy, and reduce the time and effort required for reporting. The presentation will demonstrate how to create custom forms for data entry, automate data validation and error checking, and automate report generation and submission. Attendees will learn how to leverage the capabilities of Office 365 to create a more streamlined and efficient reporting process, reducing the burden of compliance and allowing for more focus on critical projects.

3:00 p.m.     
A Vapor Mitigation Case Study Under the Brownfields Redevelopment Program

Jennifer Cave, Partner, Stites & Harbison PLLC
William Harshaw, PE, Senior Engineer, Linebach Funkhouser, Inc.
Bill Johnston, Principal Geologist, Linebach Funkhouser, Inc.

 
When buying or selling commercial or industrial properties, a finding of a Recognized Environmental Condition (REC) can, unfortunately, destroy the deal. But that doesn't have to be the case. After a brief overview of the Kentucky Brownfields Redevelopment Program (KRS 224.1-415), we walk through a case study of a contaminated commercial property in Louisville and discuss how the 415 Program, when used in conjunction with a retrofitted vapor mitigation system allowed the deal to close successfully benefiting both the buyer and the seller.

4:00 p.m.
Dealing with Tough Air Permit Applicability Questions and Choosing the Optimum Approach for Plant Projects

John Colebrook, Principal Consultant, Trinity Consultants

Your facility is planning an equipment or process change– what next? As part of your management of change process, you start down the road of determining whether the project triggers a change to the facility’s air permit? This road could include exits for administrative amendments, off-permit change notifications, Section 502(b)(10) change notifications, minor revisions, and significant revisions – knowing where to turn is not plugged in your GPS! The nature of the combined construction/operating permit program in Kentucky further complicates the decision of which path to take. This session will review the air permitting options and provide insights on how to more effectively make and document decisions concerning which approach is best suited, with a focus on the proper permitting approach for small projects- those most common at facilities. The presentation will walk through several case study examples to reinforce the concepts presented.

5:00 p.m.    
Day One Adjourns

 

DAY TWO – Thursday, August 10, 2023

8:00 a.m.            
Registration and Continental Breakfast

8:30 a.m.    
Legislative and Policy Overview

Kate Shanks, Sr. Vice President of Public Affairs, Kentucky Chamber of Commerce

8:45 a.m.
Getting it Right the First Time: The Art of Submitting a Technically Complete KPDES Storm Water NOI Application

Ricardo Federico, PG, CHMM, CMQ/OE, Associate Principal, EnSafe Inc.
Sarah P. Jarboe, Partner, English Lucas Priest & Owsley, LLP

This session will discuss how to avoid common missteps in the KPDES Storm Water permitting process.  For instance, some facilities submit storm water permit applications and obtain permit coverage that is not required for the facilities.  Others list outfalls that do not discharge to “waters of the United States” or seek storm water permit coverage for areas of the facility that are not required to be permitted.  We will then explore the elements of a technically complete Notice of Intent (NOI) application for coverage under a Kentucky Pollutant Discharge Elimination System (KPDES) permit.  We’ll provide an overview of the various storm water permit types, discuss differences between Individual, General, and Construction permits, then outline the steps in applying for coverage – including a list of the most common pitfalls resulting in Notices of Deficiency according to the Kentucky Division of Water – Surface Water Permits Branch.  Lastly, we’ll provide context for understanding your KPDES storm water permit limits before taking a look at recent enforcement trends and issues.

10:00 a.m.        
Take a Dip into the SWPPP: Renewing Your General Industrial Stormwater Permit and Tips for an Effective SWPPP    

Austin Angeline, Environmental Consultant, Trinity Consultants
Amy Van Horne, Stormwater Section Supervisor, Kentucky Division of Water
Rebecca Graves, Environmental Scientist Advisor, Stormwater Section, Surface Water Permits Branch, Kentucky Division of Water
John Paul Beard, Environmental Scientist, Stormwater Section, Surface Water Permits Branch, Kentucky Division of Water

Kentucky’s General Industrial Stormwater Permit (KYR00) expired July 31, 2023. Facilities already covered under the General Permit have 90 days from the date of permit renewal to submit a complete eNOI for renewal. During this session, we will review the various components of KYR00 as well as all updates made by the Kentucky Division of Water (KDOW) to the permit upon renewal. Building on this foundational knowledge, we will move to a discussion of best practices to implement when writing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) to comply with all applicable provisions of KYR00. SWPPP best practices we will detail include identifying exposed industrial activities, best management practices to minimize stormwater exposure, proper inspection documentation, comprehensive SWPPP map development, and more.

11:00 a.m.            
Responding to Environmental Conditions Resulting from Recent Tornadoes, Floods, and Lightning Strikes (It Can Happen to You too….)

Jennifer Cave, Partner, Stites & Harbison PLLC
Tony Hatton, Commissioner, Kentucky Department for Environmental Protection
Kyle Burns, SR. Engineer, Beam Suntory

An increase in severe weather events in Kentucky has resulted in significant risks to the safety of citizens, employees, customers, and infrastructure, impacts to the environment and threatens business continuity. More than $2.2 billion of damage was caused to physical assets in the United States during 2022.  The cost to organizations—both public and private--is significant. Those that cannot quickly adapt and respond to shifting risks and threats will be left behind. Future-proofing your resilience solutions is no longer a choice, but an obligation.  In this session, we will review recent severe weather events and discuss how they have impacted organizations here in the Commonwealth.   On the ground activities conducted and lessons learned from recent significant weather events are important information to share.  This session will provide strategies for resilience solutions to protect human health, the environment, and your infrastructure assets.

12:00 p.m.    
Lunch with Sponsors

1:00 p.m.         
PFAS: How Will It Impact Me? The Practicalities of Permitting and Reporting

Tony Hatton, Commissioner, Kentucky Department for Environmental Protection
Robin Thomerson, Partner, Dentons
Chris Wathen, Vice President, Kenvirons Inc.
Bradley Strait, Associate, Dentons

As the EPA moves away from the conceptual to actual regulation of PFAS constituents, how will new rules and regulations impact my company? How will we know if we have PFAS constituents? How will we analyze what we have and how to address it? What permitting and reporting requirements are there now and what is expected for the future? These and other questions related to PFAS will be examined in this session. The session is intended to provide a practical guide to businesses in their assessment of this emerging contaminant and it's impact on operations.

2:45 p.m.            
Meet with the Regulators

Tony Hatton, Commissioner, Kentucky Department for Environmental Protection
Amanda LeFevre, Deputy Commissioner, Kentucky Department for Environmental Protection
Michael Kennedy, Director, Division for Air Quality, Kentucky Department for Environmental Protection
Carey Johnson, Director, Division of Water, Kentucky Department for Environmental Protection
Tammi Hudson, Director, Division of Waste Management, Kentucky Department for Environmental Protection
Moderated by: Robin Thomerson, Partner, Dentons

4:00 p.m.        
A Year in Change – Louisville Metro Air Pollution Control District – 2022 to Present

Stewart McCollam, PE, Kentucky Office Leader, ALL4
Rachael Hamilton, Director, LAPCD
Matt King, PE, Industrial Permitting Manager LAPCD

The Louisville Metro Air Pollution Control District (LMAPCD, or District) is the delegated local Clean Air Act (CAA) administrator for Jefferson County, Kentucky. The District’s mission is to protect air quality for all Jefferson County residents through fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of APCD regulations, programs, and policies. This presentation seeks to educate industry stakeholders on the wide range of policies, laws, and regulations implemented by the District and recap impactful changes from 2022 to today. Learn about LMAPCD’s strategic initiatives and considered control measures to attain National Ambient Air Quality Standards (NAAQS). Get informed on best practices to proactively address environmental justice concerns and engage community stakeholders in future permitting actions. Find opportunities where industry stakeholders can participate in voluntary programs and the District’s rulemaking processes.

5:00 p.m.
26th Annual Kentucky Environmental Permitting and Reporting Conference Adjourns