DAY ONE: Tuesday, March 26, 2024

8:00 a.m.    
Registration and Continental Breakfast with Sponsors

8:30 a.m.     
Robin Thomerson, Partner, Dentons    

Legislative Update
Kate Shanks, Senior Vice President, Public Affairs, Kentucky Chamber

9:00 a.m.    
The Beshear Administration and the Next Four Years            
Rebecca Goodman, Secretary, Kentucky Energy and Environment Cabinet

9:45 a.m.
Air Quality Update
Michael Kennedy, Director, Division for Air Quality, Kentucky Department for Environmental Protection       
Robin Thomerson, Partner, Dentons

In the ever-changing regulatory world of air quality, it is important to keep up to date with the latest status at the federal and state level. Join us for the latest in regulatory and litigation changes that impact your business operations.

11:00 a.m.
Session One | Breakout A:
Information Overload? A Look Back at the Biggest Environmental Cases and Regulatory Actions of 2023
Jennifer Cave, Partner, Stites & Harbison, PLLC           

Environmental issues were in the headlines for much of 2023. The U.S. Supreme Court decided several major environmental cases, Canadian wildfires produced haze in many American cities throughout the summer, and regulators continued to focus their attention on issues like climate change, environmental justice, and emerging contaminants. More transformations are expected in 2024 as the Supreme Court decides a case that has the potential to end a tool that helps federal agencies defend their environmental rules in court. And, with just a year left in President Biden's first term, EPA is expected to finalize a number of regulatory proposals in 2024. This presentation will survey the most significant environmental caselaw and rules from the past year. In addition, the presentation will outline what environmental law practitioners expect to be talking about the most in 2024.

Session One | Breakout B:
How to Prepare for Your Next Inspection
Monica Murphy, Project Engineer, Shield Environmental Associates, Inc.
Daniel Porter, Environmental Engineer, Shield Environmental Associates, Inc.

We will help understand the requirements of your SPCC Plan and SWPPP, Air Permit, and Hazardous Waste Registration. The following will be discussed: common non-compliance air issues and best practices to correct and prevent them; common non-compliance SPCC/SWPPP issues and best practices to correct and prevent them; common non-compliance Hazardous Waste Generator issues and best practices to correct and prevent them.
12:00 p.m.
Lunch with Sponsors and Exhibitors

1:00 p.m.
The PFAS Puzzle: A Practical Guide to New PFAS Reporting Requirements
Bradley Strait, Managing Associate, Dentons
Chris Wenczel, P.G., Consulting Director/Hydrogeologist with Environmental Resources Management

The U.S. EPA has made PFAS reporting a priority through its new rules and regulations. Whether it’s eliminating the de minimis exemption under EPCRA/TRI or requiring a one-time reporting requirement for "manufacturers of PFAS" under TSCA, piecing together the new PFAS reporting requirements can feel like a puzzle. For example, how is PFAS defined under the various rules? What level of due diligence must be exercised to confirm whether PFAS is present in your process? How do you go about determining whether you are a "manufacturer" of PFAS "for a commercial purpose"? This session is intended to be a practical guide for EHS professionals in their assessment of PFAS and its impact on their operations.

2:15 p.m.
Session Two | Breakout C
Using Drone Technologies for Environmental Health and Safety Compliance
Karen Rose, Engineering Manager-Industrial Compliance, SynTerra Corp.   

Aerial surveys provide detailed real-time data on environmental attributes such as water monitoring outfalls and site hydrology, as well as concerns for safety breaches and equipment malfunctions. The aerial oversight improves quality control, cost control and provides data for changes in best management practices.

Session Two | Breakout D
Implications for Those Companies that Became an Area Source of HAPs after January 25, 2018
Michael Zimmer, Principal Consultant, Trinity Consultants, Inc.  

Is your manufacturing location a “true” minor source of hazardous air pollutants (HAPs)? If so, EPA's proposed rule dated September 27, 2023, called “Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act” will not impact your operations. Yet, if your company avoided applicability of one or more National Emission Standards for Hazardous Air Pollutants (NESHAP) that are applicable to a major source of HAPs, by taking an “enforceable” emissions limit or operational restriction to limit your potential to emit (PTE) for HAPs below the major source thresholds (e.g., 10 and 25 tons per year for an individual HAP and combined HAPs, respectively), then this presentation will be valuable to attend!
3:10 p.m.
Session Three | Breakout E
Spill Response and Prevention Measures
Kennith Richardson, Emergency Response Project Manager, PECCO, Inc.
Jeff Stipe, Senior Project Manager, PECCO, Inc.

Everybody has spills but does everyone have a plan? What can be done to prevent a spill? What actions need to be taken after a release to prevent consequences? This session takes a dive into common measures taken to prevent a release that could potentially impact the environment and actions to take in the event of a release. We will take a look at releases over the past year as well and measures taken to assist in the cleanup as well as good house-keeping practices that have lowered the risk or impact of industrial spills.

Session Three | Breakout F
Air Pollution Control 101 – Selecting, Operating and Maintaining Scrubbers, Baghouses and Thermal Oxidizers
Arnie Beringer, Owner Managing Partner, CEECO Equipment Inc.    
Jim Nester, CEO, NESTEC, Inc.                      

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. Environmental permitting decisions that need to be made when selecting and installing APC equipment.

4:10 p.m.
Session Four | Breakout G
Recent Environmental Regulations Offer Opportunities for Ecological Sustainability Practices
Matt Huddleston, Vice President of Environmental Services, Copperhead Environmental Consulting, Inc.  

2023 saw major shifts in environmental regulations and policies that affect the business community. The U.S. Environmental Protection Agency and Army Corps of Engineers revised the Waters of the U.S. rules to remove certain waters from jurisdiction under the Clean Water Act. Only aquatic features with a continuous surface connection are considered federally jurisdictional. In response, states are moving to bolster regulations to protect wetlands and streams. Additionally, the U.S. Fish and Wildlife Service proposed to list the tricolored bat as endangered under the Endangered Species Act. The species faces extinction due primarily to the range-wide impacts of white-nose syndrome, a deadly disease affecting cave-dwelling bats. Bats are essential for healthy ecosystems and contribute over $3 billion annually to the country’s agriculture economy through pest control and pollination. The tricolored bat joins three other rare bat species legally protected in Kentucky and surrounding states. In light of these and other environmental regulations, opportunities exist for new water and forest sustainability initiatives. This presentation will address recent environmental legislation and policies affecting the Commonwealth’s regulated community, with a focus on best water practices, forest habitat conservation, and compensatory mitigation.

Session Four | Breakout H
Implications of Renewed Stormwater Permit KYR00
John Paul Beard, Environmental Scientist, Stormwater Section, Surface Water Permits Branch, Kentucky Division of Water
Nicole Galavotti, Principal/Sr. Environmental Engineer, Shield Environmental Associates, Inc.
Rebecca Graves, Environmental Scientist Advisor, Stormwater Section, Surface Water Permits Branch, Kentucky Division of Water
Amy Van Horne, P.E., Stormwater Section Supervisor, Kentucky Division of Water

Many facilities across Kentucky submitted a notice of intent for renewed coverage under the general stormwater permit for industries. The creation of the multi-sector permit issued by the Kentucky Division of Water (DOW) in 2023 includes previous facilities covered under the General Permit for Stormwater Discharges Associated with Industrial Activity (KYR00) along with three additional sectors of industrial activity. As facilities await their coverage letter, what will be needed to comply with the new permit? Changes including concentration limits and Chemical Oxygen Demand COD) analysis are some of the new requirements industry must become familiar with. How will your stormwater pollution prevention plan need to be updated to incorporate the changes found in the new permit? Stormwater sampling and analysis plans will require changes to comply as well as those templates in NetDMR that will now automatically trigger violations if limits are exceeded. Let's walk through the new permit and ensure you have identified all the changes made by KDOW before the next inspector's site visit.

5:00 p.m.
Day One Adjourns


DAY TWO: Wednesday, March 27, 2024

8:00 a.m.
Registration and Continental Breakfast with Sponsors

8:30 a.m.
Robin Thomerson, Partner, Dentons

8:35 a.m.
The Most Important Race of 2024 – Meeting the TSCA CDR Rule Deadline
Jarod Gregory, Managing Consultant, Trinity Consultants, Inc.       

The Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule is an initiative administered by USEPA to collect comprehensive data on chemical substances manufactured and processed in the country. The program emphasizes the importance of transparency and understanding the potential risks associated with chemical substances. Under the TSCA CDR, manufacturers and processors are mandated to submit detailed information once per four years about the production, usage, and exposure of chemicals, ensuring a thorough assessment of their impact on human health and the environment. So, what is required of you? This presentation provides the basics for determining which chemical substances trigger CDR reporting, how to navigate the potential exemptions from the CDR rule, and what information is required for a complete and accurate Form U. We'll discuss strategies for implementing an effective timeline for gathering data and information from outside your organization and walk through the online Form U process. Finally, we'll discuss what changes to expect in 2024 compared to the 2020 TSCA CDR rule reporting process.

9:30 a.m.
I’m Supposed to Report That? (Understanding and Preparing for Expanded Reporting under the Proposed Air Emissions Reporting Rule)
Jennifer Cave, Partner, Stites & Harbison PLLC                   
Sreenivas Kesaraju, Senior Environmental Consultant, AECOM            

The U.S. Environmental Protection Agency (EPA) published a proposed rule on August 9th which would update the Air Emissions Reporting Requirements (AERR) to collect certain additional emissions data EPA says is critical for performing air quality and risk analysis. This proposed action would require affected stationary sources to annually submit (starting in 2027) hazardous air pollutant (HAP) (i.e., “air toxics”) emissions data, criteria air pollutant emissions data, stack test data, and, potentially, PFAS emissions data, to EPA. These data will become the basis for EPA’s National Emission Inventory, which the Agency uses as it develops and reviews regulations, conducts air quality modeling analyses, environmental justice reviews, and risk assessments. Although the proposed rule does not trigger immediate reporting obligations, affected facilities should begin familiarizing themselves with the requirements of this significant rulemaking.

10:30 a.m.
Meet with the Regulators
Brian Osterman, Director, Division of Enforcement and Compliance Assistance, Kentucky Department for Environmental Protection                
Tony Hatton, Commissioner, Kentucky Department for Environmental Protection
Sarah Gaddis, Interim Director, Division of Water, Kentucky Department for Environmental Protection
Michael Kennedy, Director, Division for Air Quality, Kentucky Department for Environmental Protection Amanda LeFevre, Deputy Commissioner, Kentucky Department for Environmental Protection
John Lyons, Deputy Secretary, Kentucky Energy and Environment Cabinet
Moderated by: Robin Thomerson, Partner, Dentons         

12:00 p.m.
Lunch with Sponsors  

1:00 p.m.
Session Five | Breakout I
To Audit or Not to Audit, That Is the Question: The Ins and Outs of Kentucky’s Environmental Audit Privilege and EPA’s Audit Policy
Ricardo Federico, PG, CHMM, CMQ/OE, Associate Principal, EnSafe Inc.
Sarah Jarboe, Partner, English, Lucas, Priest & Owsley, LLP
Joye Beth Spinks, Attorney, English, Lucas, Priest & Owsley, LLP 

This session will explore the elements of conducting an environmental compliance audit that qualifies for Kentucky’s environmental audit privilege under KRS 224.1-040. Participants will be introduced to the environmental audit process, from considering whether Kentucky’s audit privilege is a fit for their situation and facility to understanding the incentives for successfully utilizing the audit privilege. From there, we’ll provide an overview of the audit process, including planning considerations, conducting the audit, and reporting the findings. We’ll finish by discussing how the incentives, requirements, and procedures for the U.S. Environmental Protection Agency’s Audit Policy differ from the Kentucky environmental audit privilege.

Session Five | Breakout J
ISO 14001: A Force to Deter Greenwashing and Launch a Sustainability Program
Hailey McQuaid, ESG Project Manager, The EI Group, Inc.
Michael Walker, Vice President/Principal Engineer, The EI Group, Inc.

In response to the escalating awareness of climate change and its causes, there is an unprecedented demand from consumers and governments for companies to operate in a sustainable, socially conscious manner. However, the surge in sustainability as a marketable feature has led to a notable increase in greenwashing lawsuits. Greenwashing is the act of making false or misleading statements about the environmental benefits of a product or a practice. These misleading statements sometimes occur because of a lack of due diligence or inaccurate information. However, that does not keep federal lawsuits at bay nor salvage consumer trust. ISO 14001 is a widely recognized environmental management standard that provides a framework for organizations to design, implement, and continually improve their environmental performance. By implementing ISO 14001, organizations can establish an environmental management system (EMS) to assist their sustainability program, decrease environmental impacts, and avoid greenwashing. The future of responsible business management is here, are you ready?

2:00 p.m.
Upward Communications: Relaying Compliance Requirements to Upper Management
Philip Imber, Director, Environmental and Federal Regulatory Compliance, LG&E and KU Energy LLC
Lori Carson, Director of Safety, Health and Environment, Zeon Chemicals
Jerry Purvis, Vice President of Environmental Affairs, East Kentucky Power Cooperative, Inc.
Robin Thomerson, Partner, Dentons          

This panel discussion of experienced environmental professionals is intended to provide attendees with practical advice on communicating with upper management in an effective manner the need for environmental compliance and the necessary costs associated with compliance. The panel will also discuss balancing the expectations placed on environmental professionals and effective methods of dealing with what can at times become conflicting priorities. This session is intended to cover the stressors associated with an ever-increasing regulatory environment and best practices for same.
3:00 p.m.
Session Six | Breakout K
ABC’s of Sustainability
Ken Gish, Member, Stites & Harbison, PLLC         

This presentation will discuss and define key concepts used in evaluating and reporting on corporate sustainability efforts. The presentation will focus on requirements of the Federal Trade Commission's Green Guides and include a discussion of how companies can make sustainability claims without risk of "greenwashing" accusations. The presentation will also include a discussion of potential changes to the Green Guides and how those changes may impact a company's sustainability reporting requirements. Finally, the presentation will provide an update on the Security and Exchange Commission's proposed climate-related risk disclosure rulemaking.

Session Six | Breakout L
Chemical Compliance Chronicles: Adapting to Recent Regulatory Changes
Bethany Boehl, Environmental Consultant, Trinity Consultants, Inc.
Stewart McCollam, PE, Kentucky Office Leader, ALL4
Christopher Ward, PE, Technical Manager, ALL4

Learn about U.S. EPA proposed changes to Clean Air Act (CAA) regulations for Chemical Manufacturing Area Sources (CMAS) and the Synthetic Organic Chemical Manufacturing Industry (SOCMI). Identify proactive measures you can take to comply with the following CAA regulations: 40 CFR Part 60 New Source Performance Standards (NSPS): Volatile Organic Compounds (VOC) SOCMI Process Standards [Subparts III, NNN, RRR, IIIa, NNNa, and RRa] VOC SOCMI Leak Detection and Repair (LDAR) [Subparts VVa and VVb]

4:00 p.m.     
22nd Annual Kentucky Environmental Conference Adjourns