DAY 1: THURSDAY, MARCH 14, 2019

 

8 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.
ACE – What Is It and What Does It Mean for Kentucky

Sean Alteri, Deputy Commissioner, Kentucky Department of Environmental Protection
Carolyn Brown, Partner, Dinsmore & Shohl LLP
Talina Mathews, Ph.D, Commissioner, Kentucky Public Service Commission
Jerry Purvis, Vice President – Environmental Affairs, East Kentucky Power Cooperative, Inc.

The Affordable Clean Energy (ACE) Rule was proposed in August 2018 to replace the Obama Administration's Clean Power Plan.  The Trump Administration plans to move quickly to issue a final rule.  This presentation will provide an overview of ACE and address the Cabinet's anticipated approach to implementation.  Speakers from the Kentucky Public Service Commission and the utility industry will provide additional perspectives on this important rulemaking.


10:00 a.m.
Cypress Creek Watershed Study and the Benefits of Agencies/Industries Working Together

Toni Darnall, Environmental Manager, Evonik
Alicia Jacobs, TMDL Section Supervisor, Kentucky Division of Water
Scott Smith, Senior Consultant, Smith Management Group
Karen Thompson, Manager Environmental Services, Smith Management Group

This will be a panel  with representatives from Industry, Consulting, and the State discussing the "Public" involvement that the Calvert City Industries have participated in with the State to understand the issues and plan for the consequences.  TMDL studies and developments can result in larger compliance costs if industry is not involved early in the development and study stages.  At the August Chamber Permitting Conference, presenters encouraged industries to participate in the process. This is the result of participation.


11:05 a.m.
Concurrent Session One

Workshop A:  OSHA vs. EPA: Who Controls Your Destiny
Roy Funkhouser, Principal, Linebach Funkhouser, Inc.

If you've had to deal with KDEP, USEPA, or any environmental regulatory agency over the past 5 years, you know that vapor intrusion is currently one of, if not THE hottest topic out there today. Think it doesn't affect industrial/manufacturing operations?  Think OSHA PEL's and NIOSH standards that have been the hallmark for almost 50 years now are all you have to worry about regarding indoor air in the industrial workplace?  You better think again. A confusing storm cloud is brewing between OSHA standards and USEPA standards regarding indoor air, and its effects will be felt by everyone.  This talk will explain the current landscape of what's applicable under what situations, and the explanations being given by regulators as to why.  

Workshop B: Maximizing Compliance and Minimizing Costs:  Benefits of Compliance Audits 
Nicole Galavotti, Senior Environmental Engineer, Shield Environmental Associates, Inc.
Robin Thomerson, Attorney, Dinsmore & Shohl LLP 


Compliance audits provide an opportunity to identify issues before they become problems, maximize compliance and minimize costs in the process.  Audits also provide a mechanism to identify training opportunities for non-environmental staff at your plant in the effort to involve all staff in compliance participation.  This presentation will focus on the legal requirements to protect the confidentiality of an audit, voluntary disclosure procedures to reduce penalties for any violations identified and the practical and technical components involved in conducting an audit.  Bring your questions and experiences and join in the interactive presentation.

Workshop C: Don’t Sweat It!  Get Clear on the Modified Refrigerant Management Rules and Understand Your Obligations for Maintaining Compliance
Maren Seibold, Managing Consultant, Trinity Consultants

The recent revisions to the Refrigerant Management Rules in 40 CFR 82 Subpart F were a complete overhaul of the regulation.  Industrial sites and their third-party HVAC contractors need to be prepared to deal with the significant raising of the bar on required records.  As of November 2018, EPA was evaluating the extension of leak rate calculation requirements and associated leak repair provisions to commonly used substitute refrigerants (e.g., HFCs such as R410a and R134a).  This issue is expected to be resolved by January 1, 2019.  Accordingly, this session will address EPA’s final decision regarding the treatment of these substitutes and cover common issues observed and best management practices relevant to the rule revisions, including: revised appliance disposal provisions, overhaul of the leak repair provisions for large (≥50 lb) appliances, and recordkeeping and reporting obligations.


12:00 p.m.
Lunch with sponsors


1:00 p.m.
Concurrent Session Two
Workshop D:  Environmental Enforcement – What You Need to Know in 2019 

Jennifer Cave, Member, Stites & Harbison PLLC
Daniel Cleveland, Assistant General Counsel, Energy and Environment Cabinet


This presentation will assist the environmental professional with understanding the state and federal environmental enforcement process from issuance of NOV to penalty payment.  We will cover how to prepare for an effective enforcement conference, penalty and SEP negotiation tips, federal penalty policies; and how to develop a SEP.  We will also look at trends in state and federal enforcement.  We will close out the program with tips and strategies to avoid environmental enforcement.

Workshop E: Brownfields, the BUILD Act, and Opportunity Zones – Powerful Tools Driving Environmental Restoration and Economic Development
Ricardo Federico, PG, CHMM, HEM, Branch Manager, EnSafe Inc.

In this session we will look at how the Better Utilization of Investment Leading to Development (BUILD) Act of 2018 stands to impact infrastructure (re)development in the U.S., particularly with regard to sites or projects with real or perceived environmental impacts.  We will discuss companion initiatives that stand to have a synergistic effect with implementation of the BUILD Act components - primarily State and Federal brownfield programs and the 144 designated Opportunity Zones in 84 Kentucky counties.  Join us in learning about these tools for managing environmental risk and identifying sites where they can be applied.

Workshop F: What’s the Difference? Hazardous Waste Contingency Plans & Storm Water Pollution Prevent Plans - Tips for Streamlining Their Development and Implementation
Gregory A. Hemker, CHMM, President, EHS Technology Group, LLC

The presentation will review the requirements of each of these plans and will provide suggests for sharing or even combining them into one plan.


2:30 p.m.
Concurrent Session Three 
Workshop G: How to Take Advantage of EPA’s Voluntary Disclosure Policy; Finding and Disclosing EPCRA Violations

Anna Skinner, Attorney, Dinsmore & Shohl LLP
Candace Watson, PhD., LEED, Co-Lead of the EPCRA Service Group, Ensafe


EPA’s Audit Policy encourages entities to use environmental audits to help voluntarily discover and promptly disclose potential violations under certain environmental statutes. If the Audit Policy’s requirements are met, entities can disclose a violation and get a determination that the violation is resolved without a civil penalty.  EPA’s Audit Policy is often used to disclose violations of the Environmental Protection and Community Right to Know Act (“EPCRA”), which has several notification and reporting requirements if your facility possesses certain hazardous chemicals above a triggering threshold.   This presentation will begin with a brief overview of the requirements of EPCRA.  We will then discuss the audit process, including how audits are conducted, the most common EPCRA violations, and recommendations that are typically made to address EPCRA violations.  It will conclude with a discussion on how to use EPA’s online eDisclosure system to disclose violations and certify correction and compliance.

Workshop H: Practical Navigation of the Changing Permitting Landscape with Endangered Species and Waters of the U.S. 
Josiah Frey, Environmental Scientist, Smith Management Group

The Waters of the U.S. (WOTUS) Rule was redefined in 2015, put on hold, and then reinstated in August 2018 in 22 states.  With a new WOTUS Rule on the horizon, what does it mean for your upcoming projects and those already in the pipeline?  Additionally, revisions to endangered species mitigation policy by the US Fish and Wildlife Service have real scheduling implications for site development.  Practical considerations for planning your new facility, expanding an existing facility and developing infrastructure will be evaluated.
 
Workshop I: Long Time Coming:  What You Need to Know About New EPA and Kentucky UST Regulations
Ricardo Federico, PG, CHMM, HEM, Branch Manager, EnSafe Inc.

In this session we will discuss the 2015 federal regulations for petroleum underground storage tanks (USTs), the significant changes that went into effect in October 2018, and how they differ from the new (2019) Kentucky UST regulations.  Kentucky does not have State Program Approval from U.S. EPA with regard to petroleum USTs; as such, these tank systems are dually regulated in Kentucky.


3:35 p.m.
2019 Air Quality Update

Carolyn Brown, Partner, Dinsmore & Shohl LLP
Melissa Duff, Director, Kentucky Division for Air Quality


This session will provide an update on federal and state actions and regulatory developments under the Clean Air Act including ambient air quality, interstate transport and the Kentucky State Implementation Plan.  Permitting developments and the latest changes in EPA guidance on the air programs will also be addressed.


4:30 p.m.
Day one adjourns


DAY 2: FRIDAY, MARCH 15, 2019

 

8 a.m.
Registration and continental breakfast with sponsors


8:30 a.m.
Welcome and Legislative Update 

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


8:45 a.m.
The Future of the Environmental Protection Agency 

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

Attend this session to hear an EPA Region 4 Overview – a review of regional priorities.


10:00 a.m.
Concurrent Session Four
Workshop J: Compliance & Enforcement Trends, Updates and Insight from the Regulators 

Jarrod Bell, Manager, Field Operations Branch, Kentucky Division for Air Quality
Peter Goodmann, Director, Division of Water
Robin Thomerson, Attorney, Dinsmore & Shohl LLP


What are the latest EPA federal enforcement initiatives?  What are the most common mistakes or violations inspectors see during facility inspections?  What can my company do to have a smooth inspection?  How can we best work with regulators should violations be identified? These and other questions will be answered during this panel discussion.  Bring your compliance or enforcement questions as we discuss with regulators the issues of the day.

Workshop K: Conducting Waste Audits for Industrial Facilities
Adam Cook, Sr., Environmental Consultant, Shield Environmental Associates, Inc.
Jeff Perry, Special Waste Executive, Republic Services


A professional waste audit by an experienced third-party is the most effective way for an Environmental Manager to identify potential missteps and opportunities for improvement within their current waste management program.  During this presentation, we will discuss the process of conducting a waste audit inside of your facility, as well as the benefits derived.  After this presentation, you should walk away with a fresh perspective of your facility’s wastestreams. 

Workshop L:  What Kentucky Businesses Need to Know About California’s Prop 65
Jennifer Cave, Member, Stites & Harbison PLLC

Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, protects California's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects, or other reproductive harm.  The law also requires businesses to warn Californians about exposures to such chemicals.  Dramatic changes to California’s Prop 65 warning regulations took effect on August 30, 2018. The new regulations significantly alter the safe harbor rules for providing Prop 65 warnings. If your company sells products in California, this presentation will ensure you are in compliance with the amended warning requirements.


11:05 a.m.
Concurrent Session Five
Workshop M: Regulating Hazardous Chemicals:  The Overlap Between EPA’s Risk Management Program and OSHA’s Process Safety Management Standard 

Dan Flynn, Partner, Dinsmore & Shohl LLP
Anna Skinner, Attorney, Dinsmore & Shohl LLP


This presentation updates the current status of EPA’s 2017 Risk Management Program amendments, including an evaluation of whether the amendments are likely to go into effect given EPA’s proposal to delay and reconsider the amendments and the resulting litigation surrounding the decision.  We will also discuss what the amendments would require if and when they take effect.  The presentation will then turn to OSHA’s Process Safety Management standard.  The Risk Management Program and Process Safety Management standard overlap in many ways.   The presentation will discuss when the Process Safety Management standard applies and what it requires, as well as the overlap between the standard and the Risk Management Program.  We will discuss best practices for complying with both programs.  Finally, the presentation will conclude with a discussion about how OSHA’s Process Safety Management standard and its enforcement may change dependent upon EPA’s eventual changes to the Risk Management Program.

Workshop N: Emerging Environmental Sustainability Requirements – What Are They and How Do You Address in EHS Planning and Management
Clay Whitney, President, Smith Management Group

Customers, investors and community groups continue to place more emphasis on businesses to provide goods and services that meet a variety of sustainability requirements.  Adding programs to address these interests can complicate evolving EHS Management systems and increase the work load of EHS Managers, sometimes without clear direction or apparent material benefits.  This presentation will review how sustainability can be defined, what are the emerging demands and how they are being met by large and small businesses.

Workshop O: The HAPhazard World of MACT Rule Updates:  What to Expect for Your Facility’s Next MACT Standard Revision 
John Colebrook, Managing Consultant, Trinity Consultants

Federal Maximum Achievable Control Technology (MACT) standards (40 CFR Part 63) applicable to major sources of hazardous air pollutants (HAP) are required to be adopted under the Clean Air Act in a two stage process. Under the largely completed first stage, technology-based standards were promulgated. In the second Risk and Technology Review (RTR) stage, EPA is required to assess the health and environmental risks that remain after sources come into compliance with the technology-based standards within eight years of the technology-based standards. EPA is currently under a court-order to complete RTRs for 33 source categories with 26 source category-specific final rules due in 2020. MACT standards due for updates in 2020 include several commonly applicable subparts for organic chemicals manufacturing, combustion turbines, and miscellaneous metals parts manufacturing. This presentation will explain the RTR process and highlight key MACT rule changes expected to come out of the pending regulatory updates.


12:00 p.m.
Lunch with sponsors 


1:00 p.m.
Regulatory Hokey-Pokey at EPA:  What’s In, What’s Out, and What It’s All About

Sarah Payne-Jarboe, Attorney, English Lucas Priest & Owsley, LLP
LaJuana Wilcher, Attorney, English Lucas Priest & Owsley, LLP


In 2017, the new administration in Washington, D.C. promised wholesale changes and regulatory reform at EPA. In spite of EPA actions taken to roll back water, air, and waste regulations, some are still in effect, some are out and some are still turning about.  This presentation will provide the most up-to-date status of key regulatory issues, such as Waters of the U.S., the Clean Power Plan and the Risk Management Plan Rule, will track their tortured paths, and will highlight the administrative and judicial processes that can shape regulatory outcomes.


2:00 p.m.   
Meet with the Regulators 

Tony Hatton, Commissioner
Melissa Duff, Director, Division for Air Quality
Peter Goodmann, Director, Division of Water
Jon Maybriar, Director, Division of Waste Management
Moderator: Carolyn Brown, Partner, Dinsmore & Shohl LLP


This panel session will consist of Kentucky Department for Environmental Protection (DEP) Commissioner Tony Hatton and the Division Directors for Water, Waste, and Air. Among the topics to be discussed include updates on the 2018 legislative session, state regulatory revisions, and interactions with the new EPA administration.


3:15 p.m.
17th Annual Kentucky Environmental Conference Adjourns 

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