Day One: Thursday, March 10, 2022

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

8:30 a.m.     
Welcome and Overview

Robin Thomerson, Partner, Dentons Bingham Greenebaum, LLP        

8:30 a.m.
The Future of the Environmental Protection Agency (EPA)

Daniel Blackman, Administrator, Region 4, U.S. EPA

9:15 a.m.
Kentucky Air Quality Update

Robin Thomerson, Partner, Dentons Bingham Greenebaum        
Melissa Duff, Director, Kentucky Division for Air Quality, Kentucky Department for Environmental Protection    

This presentation will provide an update of air quality regulation, guidance, and litigation at both the state and federal levels.  The Biden Administration is setting a new course for environmental regulations from EPA and we will explore the latest changes as well as Kentucky's response and expectations for the regulated community.

10:30 a.m.    
Navigating Waters of the United States (WOTUS)     
Matt Huddleston, PhD, Vice President, Environmental Services, Copperhead Consulting
Carey Johnson, Director, Division of Water, Kentucky Department for Environmental Protection    

The federal Clean Water Act establishes jurisdiction over “waters of the United States”,  or WOTUS. When we gathered in 2021 for the Kentucky Environmental Conference, we heard discussion on the 2020 Navigable Waters Protection Rule (NWPR), which aimed to clarify and streamline the definition of WOTUS. Implementation of the NWPR was immediately halted by litigation, and re-examination of WOTUS by the new executive administration was anticipated. Recently, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) signed a proposed rule to revise, once again, the WOTUS definition. The EPA and Corps propose to put back into place the pre-2015 definition of WOTUS, updated to reflect consideration of Supreme Court decisions. With the myriad of activities over the past year surrounding WOTUS definitions and resulting guidance and regulation, this year’s discussion will examine implications of these activities on Kentucky’s regulated community and water resources.

11:30 p.m.
Lunch with Sponsors

12:30 p.m.
Session One: Breakout A

Combining the Hazardous Waste Contingency Plan and the Storm Water Pollution Prevention Plan
Greg Hemker, CHMM, President, EHS Technology Group, LLC        

Streamlining operations in a manufacturing environment is essential to the success of the facility. One way of streamlining similar but different regulatory requirements is to combine management and response systems into one program. This presentation will review the requirements of each regulatory program (hazardous waste and storm water management) and how best to combine the requirements into one response program.

Session One: Breakout B
Can My Business Take the 100% Clean Energy by 2030 Pledge?
Blaine Early, Attorney, Stites & Harbison, PLLC                
Nick Comer, External Affairs Manager, East Kentucky Power Cooperative   

1:40 p.m.
Session Two: Breakout C

Implications of Soil Vapor Intrusion – Common Mistakes and Lessons Learned
Willie Harshaw, P.E., Senior Engineer, Linebach Funkhouser, Inc.                           
William Johnston, P.G., Principal Geologist, Linebach Funkhouser, Inc.      

For several years soil vapor intrusion (SVI) has been lurking as the 800-pound gorilla in the room.  Most of the regulated community knew of SVI, but few really paid much attention to it as a significant issue of concern.  Actions occurring in 2020 and 2021 have changed that, with SVI now elevating to a significant level of concern to KDEP, a concern that will have implications at numerous sites moving forward.  This presentation will re-enforce the state-of-the-art knowledge of SVI - how to detect it and how to mitigate it.

Session Two: Breakout D
Good Intentions and Unintended Outcomes of Toxic Release Inventory Reporting

Michael (Mike) Zimmer, P.E., Principal Consultant, Trinity Consultants     

Every year, companies are submitting toxic release inventory (TRI) forms for listed chemical or chemical compounds in support of Section 313 of Emergency Planning and Community Right-to-Know Act (EPCRA). Are they accurate? Are you being overly conservative? Should you have included certain chemicals when there is uncertainty of whether they are below the thresholds? How does the TRI data compare with annual emissions reporting data submitted to the Kentucky Division for Air Quality or Louisville Air Pollution Control District? What is your Risk-Screening Environmental Indicators (RSEI) score based on the last five years of TRI data? What is the overlap between the Federal TRI program and local state regulations governing air toxic emissions?

Organizations like the U.S. EPA and non-governmental organizations like ProPublica are using your company’s data combined with simplified and generic assumptions to draw conclusions, some of which may put your facility in an unfavorable light. This presentation will help you understand how your “public” data is being used, particularly with regard to various environmental justice and cancer risk “screening” level analyses available to the general public and will provide insights to help you understand which air toxic chemicals are particularly important in these risk assessment methodologies.  The presentation will also provide guidance on what you can do when considering prior and current year TRI determinations to ensure compounds and being correctly reported.

2:55 p.m.
Session Three: Breakout E
Understanding the Emissions Inventory Survey
Daniel Porter, PhD, P.E., Environmental Engineer, Shield Environmental Associates, Inc.                                         

Kentucky Division for Air Quality Emission Inventory Survey (EIS) is used to determine the amount of emission each facility produces yearly, to assess fees based of the emissions, to check the throughput for the permitted equipment and used in air modeling.  The goal of this talk is to help companies better understand what is needed for submittal of these surveys.

Session Three: Breakout F
Don’t Cry Over Spilt Oil! Best Practices for SPCC Compliance

Anita Evenson, Senior Consultant, Trinity Consultants            
Chris Kim Kahn, Attorney, Frost Brown Todd LLC

In April 2021, US EPA published a factsheet summarizing an internal quality and consistency review completed by the Office of Emergency Management for Spill Prevention,  Control, and Countermeasure (SPCC) plans and Facility Response Plans (FRP ). Nearly 100% of the SPCC plans reviewed by EPA had deficiencies from 40 CFR 112.   During this session, we will review the US EPA’s list of most common SPCC deficiencies and provide best practice resolutions to avoid them. We will then build off this list to detail the key components of a fully compliant SPCC plan, provide tips for completing a self-assessment of your site’s current SPCC compliance and, finally, discuss how to successfully comply with your site’s SPCC plan via real-world examples and experiences.

4:00 p.m.
Session Four: Breakout G
Environmental Social Governance (ESG) and Your EHS Facility Programs 
Karen Thompson, Kentucky Regional Office Director, ALL4 Inc.        
Rich Hamel, Technical Director, ALL4 Inc. 
Rachel Nally, Manager of Environment & Sustainability, Heaven Hill Distilleries                   

Environmental, Social, and Governance are the three key factors when measuring the sustainability and ethical impact of an investment in a business or company.  More often your customers and investors are wanting your "scorecard".  The panel will focus on the basics (101 ESG).  We will discuss what a successful program looks like (metrics, hurdles, incorporation into compliance areas of EHS). Since this is not a regulatory driven program, the metrics around ESG have varied.  The panel will provide their experience with ESG with takeaways for determining metrics that can align with your EHS programs.

Session Four: Breakout H
Emergency and Portable Internal Combustion Engine (ICE) Environmental Compliance Management

Elisabeth Martin, Senior Consultant, Trinity Consultants            
Michael Kennedy, P.E., Environmental Engineering Branch Manager, DAQ Permit Review Branch 

How can a minor part of your operations become such a major compliance headache? This session will walk through the national regulatory requirements for emergency and portable internal combustion engines as well as how to permit an emergency stationary engine in Kentucky. Specifically, the presenter(s) will discuss New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAP) requirements, potential air permitting implications, and compliance best practices for these commonly overlooked emissions units.

5:00 p.m.
Day One Adjourns

Day Two: Friday, March 11, 2022

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

8:30 a.m.         
Welcome and Legislative Update

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

8:45 a.m.
Update from Kentucky’s Energy and Environment Cabinet

Rebecca Goodman, Secretary, Kentucky Energy and Environment Cabinet

10:00 a.m.
PFAS – A Primer

Robin Thomerson, Partner, Dentons Bingham Greenebaum, LLP         
Chris Wenczel, P.G., Director, Environmental Resources Management (ERM)

PFAS has emerged in the environmental field over the last several years both as a public concern and as a constituent garnering study and analysis for potential impacts on human health and the environment.  As calls from states and Congress erupt for regulation of PFAS, this session is designed to inform attendees of the basic who, what, when, where and how of dealing with PFAS.  EPA has set a roadway for developing regulations to address PFAS contamination and this session will provide the attendees with information to stay current with the ever evolving regulation of PFAS substances.

11:00 a.m.
Tier II Reporting – Protecting Your Site and Community During an Emergency

Nicole Galavotti, P.E., Sr. Environmental Engineer, Shield Environmental Associates, Inc.                                        
Robert Francis, Senior Project Manager, Shield Environmental Associates, Inc. 
We all know the data is populated from the prior year’s report for Tier II, but should you reevaluate the chemicals stored and use onsite?  What changes have occurred, what new chemicals has purchasing added?  The data input into the program whether it be Tier II Manager or Tier2 Submit will be utilized by the first responders dispatched to your facility to provide aid to employees, extinguish a fire or contain a spill/release to the environment.  Most facilities are required to submit a Tier II and EHS report however do we understand why EPCRA requires this submittal and how the information is used for planning purposes and response during an emergency.  This training will provide an overview of what agencies use the data submitted and how it is a benefit to the facility as well as the first responders that report to the scene.

12:00 p.m.
Lunch with Sponsors

1:00 p.m.
Powering Kentucky – Energy, Environment, Economic Development

Bob Berry, CEO, Big Rivers Electric Corporation                

CEO Bob Berry will discuss the significant reduction in carbon emissions Big Rivers has made since 2010, the benefits of a diversified portfolio and how an "All of the Above Approach" is required to maintain Kentucky’s low cost electricity and strong reliability.

2:00 p.m.
Meet with the Regulators

John Lyons, Deputy Secretary, Kentucky Energy and Environment Cabinet
Tony Hatton, Commissioner, Kentucky Department for Environmental Protection        
Amanda LeFevre, Deputy Commissioner, Kentucky Department for Environmental Protection                                    
Melissa Duff, Director, Division for Air Quality, Kentucky Department for Environmental Protection                                     
Carey Johnson, Director, Division of Water, Kentucky Department for Environmental Protection                                    
Tammi Hudson, P.E., Director, Division of Waste Management, Kentucky Department for Environmental Protection
Moderated by: Robin Thomerson, Partner, Dentons Bingham Greenebaum, LLP

3:30 p.m.    
20th Annual Kentucky Environmental Conference Adjourns