Day 1: Thursday, August 13

8:00 a.m.
Registration and continental breakfast with sponsors

8:30 a.m.
Welcome and Overview

Carolyn Brown, Partner, Dinsmore & Shohl LLP

8:35 a.m.
Outlook 2020: From Washington and the Trump Administration

Mary S. Walker, Administrator for Southeast Region (Region 4), U.S. Environmental Protection Agency (EPA)

9:30 a.m.
COVID-19:  Short-Term and Long-Term Impacts on Environmental Rules and Compliance

Carolyn Brown, Partner, Dinsmore & Shohl LLP
Kate Shanks, Vice President, Public Affairs, Kentucky Chamber of Commerce

The panel will discuss the potential short- and long-term impacts of the COVID-19 pandemic on environmental programs and enforcement.  What challenges are facilities facing in their efforts to meet permit and regulatory requirements?  How is the agency responding to its own challenges?  How is Kentucky addressing noncompliance situations that arise as a result of the pandemic?  What guidance is the federal government providing on these issues to delegated states implementing federal programs?

10:45 a.m.
Concurrent Session One
Workshop A:     
Sometimes It’s Okay to be Excluded:  When a Waste is not Waste and Why You’re Paying Too Much in Disposal Costs

Adam Cook, CHMM, Sr. Environmental Consultant, Shield Environmental Associates, Inc.

When was the last time that you really paid attention to your hazardous waste streams? Maybe you’re feeling a little embarrassed to admit that it’s been a few years. Did you realize that changes in Kentucky’s Hazardous Waste regulations might be an opportunity for major cost reductions for your Environmental program? We’re all busy, and it’s easy to overlook these issues – especially when your primary focus is compliance and safety. In this presentation I will demonstrate real-world examples of solid waste exclusions that may reduce your volume of waste to be counted; lower your generator status; and potentially save your facility thousands of dollars in waste disposal costs and other fees. Then, together we will navigate through the hazards that companies have gone through, and pitfalls to avoid while trying to save money on hazardous waste disposal.

Workshop B:
Air Pollution Control 101 – Selecting, Operating and Maintaining Scrubbers, Baghouses and Thermal Oxidizers

Arnie T. Beringer, CHMM, CEECO Equipment

Review of available APC technology by pollutant. Items to consider when selecting APC equipment. Basic theory and operation of Scrubbers, Baghouses and Thermal Oxidizers. Challenges in operating and maintaining APC equipment. Industry case study on relocating a large baghouse and successful start-up.

11:45 a.m.
Lunch with sponsors

12:45 p.m.
Concurrent Session Two
Workshop C:  
Kentucky’s Brownfield Redevelopment Program – Working with Developers Over the Last Five Years and Look What We Have Accomplished

Bill Johnston, P.G., M.B.A., Principal Geologist, Linebach Funkhouser, Inc.

The first half of the presentation will provide a detailed description on how a potential purchaser can enroll an eligible site into the Kentucky Brownfield Redevelopment Program either prior to or following the purchase of the site. This presentation will explain how the process works and the benefits a buyer will receive from a regulatory standpoint. The second half of the presentation will provide cases studies (i.e. before/after) photographs for discussion of 7 to 8 sites that have successfully been enrolled in the Program showing the redevelopment transformation of each site and how they were a benefit to the buyer and the surrounding community.

Workshop D:
Permit Appeals:  The Nuts, Bolts, Whys and Whats You Need to Know

Robin Thomerson, Partner of Counsel, Dinsmore & Shohl LLP

We will explore why a basic knowledge of the permit appeal process is important, how permit appeals can be helpful to a source and the process for appealing a permit. We will focus on permit appeals in Kentucky but will also address EPA's Environmental Appeals Board and its impact in Kentucky. What you need to know about third party appeals will be covered as well.

2:00 p.m.
Concurrent Session Three
Workshop E:     
Is This Finally the Answer for Aerosol Cans?

Nicole Galavotti, P.E., Sr. Environmental Engineer, Shield Environmental Associates, Inc.
Scott Gerstner. Environmental Scientist, Kentucky Division of Waste Management

At some point during a hazardous waste inspection your site has likely been cited for a violation for the management of aerosol cans. Is there really an answer now to this struggle? The long-awaited time for EPA to incorporate aerosol cans into the federal universal waste program is upon us, but what does it all mean and how can I take advantage of it? With other state programs already in place and vetted, the transition for facilities and waste vendors as well as KDWM inspectors could be smooth, but what are the challenges? This training will review the universal waste management requirements and program implementation for aerosol cans.   

Workshop F:
Coal Combustion Residuals:  Federal and State Rule Developments

Anna Skinner, Attorney, Dinsmore & Shohl LLP
Matt Huddleston, Ph.D., Natural Resources Program Director, Synterra

We will discuss EPA's November 2019 proposed changes to the Coal Combustion Residuals ("CCR") Rule, originally issued by EPA in 2015 to govern the disposal of CCR. We’ll cover the complicated history of the CCR Rule, which has gone through several court challenges and proposed rulemakings, as well as what issues have not been addressed in the November 2019 proposal and will be covered in future rulemakings. EPA's proposed 2019 rule comes at a time when Kentucky is in the process of amending its CCR disposal regulations. We will discuss the effects the 2019 proposed rule will have on Kentucky's regulatory process and how utilities should be prepared to address CCR disposal given all of these regulatory changes.

3:00 p.m.
“Dark Waters”: An Overview of PFAS Technical and Regulatory Issues

Jennifer Cave, Attorney, Stites & Harbison, PLLC

The feature film, "Dark Waters", highlights the use of polyfluoroalkyl substances (PFAS) and the release of these “forever chemicals” into the drinking water supply of a small town in West Virginia.  The federal government and several states, including Kentucky, have begun regulating PFAS.  In this presentation, you will learn why these chemicals were developed, what they are used for, where they have been identified in the environment, and how they are and could be regulated in the future.  This presentation will include a discussion of drinking water and cleanup standards and analytical laboratory limitations associated with these chemicals.

4:00 p.m.
Day One adjourns


DAY 2: Friday, August 14

8:00 a.m.
Registration and continental breakfast with sponsors

8:30 a.m.
Legislative Update

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

8:45 a.m.
Outlook 2020: From Frankfort and the Beshear Administration


9:15 a.m.
Kentucky Air Quality Update

Carolyn Brown, Partner, Dinsmore & Shohl LLP

This session will provide the latest news about the Kentucky Division for Air Quality, including staffing, upcoming regulatory actions and status of possible changes to the emission fee program. In addition, potential impacts on Kentucky industry due to federal regulatory activity and litigation will be discussed. Any changes in approach to permitting and enforcement under the new governor's administration will also be covered in this session.

10:30 a.m.
Concurrent Session Four
Workshop G:
SPCC – A Different Perspective

Brad Rodgers, Branch Manager, Wood

The Spill Prevention, Control and Countermeasures (SPCC) Plan regulation has been in place for almost 50 years. Most SPCC Plans we review are written from the perspective of "a Plan", as if most facilities do not have an existing Plan. These Plans include regurgitation of regulatory requirements, whether those requirements currently are or likely to be present at a particular site. For someone not intimately familiar with the SPCC program, this non-essential information creates confusion toward implementation and compliance. The goal of this presentation is to discuss the implementation of the SPCC program that satisfies the regulatory requirements, in a manner that is applicable to the facility, communicated in a manner that a layman can understand, and easily implemented by facility personnel.

Workshop H:
Superfund:  Forty Years Old and Still Evolving

Philip Schworer, Attorney, Frost Brown Todd LLC

December 1980 marks the 40th anniversary of the federal Comprehensive Environmental Response Compensation and Liability Act (“Superfund.”). Since then, nearly every aspect of business activities adapted to the Superfund liability. Time to lookback, assess risk, review current developments and shape path forward. The Superfund landscape continues to changes. The April 2020 US Supreme Court decision will bring change to financial risk of future liability. In Atlantic Richfield v. Christian, the Supreme Court shook our long-embraced concept that an owner of property abutting a contaminated facility is not a risk of being deemed a “potentially responsible party” (“PRP”). The Court held that PRPs are defined to include facility owners, and "facility" is defined to include any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. This ruling will have far reaching impact on Phase I Site Assessment risks.

11:30 a.m.
Lunch with sponsors

12:30 p.m.
Concurrent Session Five
Workshop I:
What’s the Difference?  Hazardous Waste Contingency Plans and Storm Water Pollution Prevention Plans

Gregory Hemker, CHMM, President, EHS Technology Group, LLC

This presentation will compare the requirements of the Hazardous Waste Contingency Plan to the requirements of a Storm Water Pollution Prevention Plan. It will provide information on: - who needs a plan(s) -what does the plan(s) include -how best to implement the plans.

Workshop J:
Innovations in Pigging

Jake Fournier, Sr. ESS Professional, Marathon Petroleum

Pipeline pigging is an essential but often underappreciated operation in maintaining natural gas gathering systems.  MPLX, a Marathon Petroleum Corporation subsidiary, owns and operates an extensive network of natural gas gathering pipelines across the United States in some of the most prolific basins including the Marcellus and Utica Shale Formations.  MPLX applied engineering design, scientific methods and hands-on experience, to significantly reduce emissions from pipeline pigging.  MPLX was awarded a Patent from the United States Patent and Trademark Office for one innovation and received the Gas Processors Association’s Environmental Excellence award in 2019 for innovations related to pigging.  MPLX is sharing the cumulative knowledge gained and royalty-free licensing of the patent to raise the state of pigging across the United States.

1:45 p.m.
WOTUS – What’s Next?
Anna Skinner, Attorney, Dinsmore & Shohl LLP
Woo Smith, Environmental Department Manager, Terracon Consultants, Inc.

The meaning of “Waters of the United States” or “WOTUS” continues to evolve through multiple rulemakings and litigation.  In the latest move, the Trump Administration issued a final rule in January, the Navigable Waters Protection Rule, which sets out the new regulatory definition of WOTUS.  This presentation will provide a brief overview of the history of the multiple rulemakings and litigation and then focus on the latest EPA definition.  The key elements of the new regulation and its practical impacts will be discussed along with the outlook for future litigation.

2:45 p.m.
Environmental Toxicology and Risk Assessment for Fun and Profit

Mark Klan, Ph.D., Consulting Toxicologist/Principal, ToxDoc EnRisq, LLC

In a world of government regulations, public opinion, and the challenges of industry, the application of environmental toxicology and quantitative risk assessment provide a method to achieve regulatory compliance, effective public communication, and support products and manufacturing processes for business sustainability. This presentation provides an overview of the science toxicology and risk assessment, the art of risk communication, technical aspects relevant to manufacturing, and examples of real-world applications; applications involving both product, and facility lifecycle.

3:45 p.m.
18th Annual Kentucky Environmental Conference Adjourns

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