18th Annual Kentucky Environmental Conference Agenda


Day 1: Thursday, March 19, 2020

8 a.m.        
Registration and continental breakfast with sponsors

8:30 a.m.     
Welcome and Overview

Carolyn Brown, Partner, Dinsmore & Shohl LLP

8:40 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)

9:40 a.m.     
Working in a Fishbowl:  Environmental Disclosure in the Information Age

LaJuana Wilcher, Partner, English Lucas Priest & Owsley, LLP; Liz Natter, Executive Director/General Counsel, Office of Legal Services, Kentucky Energy and Environment Cabinet; and Joye Beth Spinks, Associate, English Lucas Priest & Owsley, LLP
This session will cover public awareness of and interest in business operations and their associated environmental impacts through today’s 24/7 digital world of social media, self-reporting and corporate ESG (Environmental, Social and Governance) goals. Kentucky’s Open Records Act shines additional light on businesses’ day-to-day activities. And what about those drones buzzing overhead?  This presentation will focus on various aspects of required environmental reporting, public access to environmental information, and new technologies and tools being used to obtain information about business enterprises.

11 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:
Business Responses to Climate Change

W. Blaine Early, Ph.D., J.D., Attorney, Stites & Harbison, PLLC
Reliable public polling shows that a majority of people in the nation and in Kentucky believe that global warming is happening. Changes to climate have far reaching impacts on business. This presentation examines some of those impacts, how they have already affected business operations in the United States and how leading businesses are responding to changing customer preferences and changing conditions and preparing for the future.

12 p.m.     
Lunch with sponsors

1 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. and Amanda LeFevre, Director, Kentucky Division of Compliance Assistance
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:
Manage Your Stack Testing Program – Before Testing Manages You

Anita Evenson, Senior Consultant, Trinity Consultants; Vince Pinnick, Environmental Engineer, Reynolds Consumer Products; and Donald Fountain Jr., RMP Program Administrator, Louisville Metro Air Pollution Control District
Stack testing is often necessary and can provide valuable data to use in multiple programs. Whether stack testing is required by a permit or being done as an engineering study, the test results may need to be “lived with” for many years. Many factors contribute to a well-managed stack program at your facility. Selection of a reputable stack testing firm that produces regulatory required test plans and final reports. Interaction with operators at your facility to optimize test results and not negatively impact future air permit conditions. Extensive knowledge of your facility’s process and foreseeing operational challenges that impact testing. Response to inquiries from KDEP before, during, and after testing. This presentation will focus on practical steps and guidance to maximize a facility’s monetary and personnel investments in any stack testing program. Bring real-world experiences and questions to this interactive presentation.

2 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. and Scott Gerstner. Environmental Scientist V, 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  and 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.

3:05 p.m.     
WOTUS – What’s Next?  

Anna Skinner, Attorney, Dinsmore & Shohl LLP and 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.

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

Jennifer Cave, Attorney, Stites & Harbison, PLLC and Larry Taylor, Senior Environmental Scientist Consultant, Kentucky Department for Environmental Protection
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.

5 p.m.
Day one adjourns

 

DAY 2: Friday, March 20, 2020

8 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

Rebecca Goodman, Secretary, Kentucky Energy and Environment Cabinet

9:15 a.m.     
Kentucky Air Quality Update

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

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.

1:35 p.m.    
Concurrent Session Six
Workshop K:  
Permit Appeals:  The Nuts, Bolts, Whys and What 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.

Workshop L:
How Does Local Emergency Response Know What You Have at Your Facility?  The Importance of Reporting and Plans (Tier II, SPCC, RCRA Contingency)

Karen Thompson, CHMM, P.G., Manager of Environmental Services, Smith Management Group  and Penn Edward, Operations Manager Fire Industrial Response Safety Training
Facilities have multiple reports and plans that require coordination with local fire departments, hospitals, and other emergency response organizations. While facilities comply with these mandates, they usually don't know how the local partners use the multiple plans and reports provided to them. This presentation will provide an introduction to how local organizations are using this information and how the facility can provide better data.

2:45 p.m.    
Meet with the Regulators from the Kentucky Department for Environmental Protection

Tony Hatton, Commissioner; Melissa Duff, Director, Division for Air Quality; Carey Johnson, Acting Director, Division of Water –INVITED–; and Jon Maybriar, Director, Division of Waste Management
Moderator: Carolyn Brown, Partner, Dinsmore & Shohl LLP

This panel session will consist of the DEP Commissioner and the Division Directors for Water, Waste, and Air. Among the topics to be discussed include updates on the 2020 legislative session, state regulatory Initiatives, and environmental priorities of Governor Beshear.

4 p.m.
18th Annual Kentucky Environmental Conference adjourns

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