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

8:30 a.m.    
Welcome and Program Overview 
Clay Larkin, Partner, Dentons

8:30 a.m. 
Opening Keynote
TBA

9:30 a.m.
Kentucky Air Quality Update
Bradley Strait, Senior Managing Associate, Dentons
Michael Kennedy, PE, Director, Division for Air Quality, Kentucky Department for Environmental Protection

With a large number of proposed and finalized new regulations from EPA, this session will update you on the latest changes from EPA and the state Division for Air Quality and will inform you of the status of state challenges to the new rules and regulations. We will also discuss the state's response and implementation strategies for federal rules and regulations that have been finalized.

10:30 a.m.    
Break with Sponsors

10:45 a.m.
A Shifting Landscape: Cooperative Federalism between States and EPA in Trump’s Second Term 
Sarah P. Jarboe, Attorney, English Lucas Priest & Owsley, LLP 
Joye Beth Spinks, Attorney, English Lucas Priest & Owsley, LLP

Cooperative Federalism is clearly a key focus of the EPA in Trump’s second term. One of the five focus areas of EPA’s “Powering the Great American Comeback” initiative, is “Advancing Cooperative Federalism.” In discussing this focus area, EPA Administrator Lee Zeldin has stated that, “It will be important for the EPA to work with our partners at the state and federal levels to ensure projects are being approved and companies can invest billions of dollars into our nation.” Cooperative federalism, or the idea that state and federal governments share responsibility in implementing the law, is fundamental to how most environmental statutes work. This session will explain the concept of cooperative federalism and discuss how cooperative federalism is at play in specific environmental regulatory areas like the Clean Water Act’s regulation of Waters of the United States. This session will also explore the current administration’s cooperative federalism priorities and look at how the implementation of certain environmental programs may shift during the Trump administration.

11:45 a.m.
Lunch with Sponsors

12:45 p.m.    
Harnessing AI for Environmental Compliance: Practical Applications for Permitting & Reporting 
Brian Otten, Senior Consultant, Trinity Consultants 
Amanda Petzinger, VP, Sustainability, Stewardship and Supply Chain Digital Solutions, Benchmark GenSuite

Artificial Intelligence (AI) is revolutionizing environmental compliance by streamlining data extraction, automation, and decision-making. This presentation will explore how environmental professionals can leverage AI tools to enhance efficiency in permitting and reporting. We will discuss the use of AI chatbots and agents for extracting critical information from environmental documents such as Safety Data Sheets (SDS), the integration of Microsoft Automation tools for workflow optimization, and AI applications within industry-leading platforms like Benchmark/Gensuite. Attendees will gain insights into the latest AI-driven advancements and practical use cases that can improve compliance accuracy and operational efficiency.

1:45 p.m.    
When Can We Start Construction?
Daniel Porter, Ph.D., P.E., Environmental Engineer, Shield Environmental Associates, Inc.

One of the most common questions asked is, "When can we start construction?" The answer to that question depends on several things. What kind of construction are you asking for? Is this for a new facility, the installation of new equipment, or the change of process/formalization at the facility? What chemicals are inputs for the process? How is the facility being utilized? Is there outdoor storage or outdoor equipment? What waste/byproducts are being generated? The answer to these questions will help determine if you need a permit or permit modification from the Division for Air Quality, the Division of Water, or the Division of Waste Management. Once the type of permit(s) that are needed is determined, the application can be prepared, which will dictate the permitting timeline.   While this presentation will focus on all three divisions (Air, Water, and Waste), most of this talk pertains to air permitting as it presents the most significant hurdle for industrial facilities during the planning and preconstruction stages.

2:45 p.m.
Break with Sponsors

3:00 p.m.    
A New Era for the National Environmental Policy Act: 2025 & Beyond
Stewart McCollam, P.E., Technical Director, Air Practice, All4

Order 14154, the White House Council on Environmental Quality (CEQ) published an interim final rule in the Federal Register to remove the CEQ regulations implementing the National Environmental Policy Act (NEPA) at 40 CFR 1500 through 1508. Following this significant rulemaking, it is hard to understand what remains under NEPA as enacted in 1969 and amended in 2023. Federal agencies are now tasked to update their own NEPA implementing regulations, changing the landscape of requirements for projects with a federal nexus (e.g. federal funding, federal authorization, or grant awards by federal agencies). While NEPA implementation is changing again, NEPA remains and NEPA analyses will continue without delay to address foreseeable environmental effects; foreseeable unavoidable adverse environmental effects; alternatives to a proposed agency action; relationships between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and irreversible and irretrievable commitments of resources. Learn more about the future of NEPA processes and how to proactively navigate the regulatory landscape impacting federally funded projects advancing carbon capture, renewable energy, land development, infrastructure, advance battery technology and more.

3:45 p.m. 
Life After Mining – Permitting, Economic Development and Post Mining Land Uses in Kentucky 
Steve Gardner, P.E., SME-RM, Partner and Sr. Mining Engineer, Pitman Green LLC

This presentation reviews successes of reclamation and beneficial post-mining land uses in light of state and federal policies and regulations. The intent is to dispel negative misconceptions, such as claims that mining exacerbated recent flooding events. We witnessed these allegations during the debates on Waters of the Commonwealth and SB89.

The presentation provides an overview of major environmental, and mine safety regulations promulgated to ensure public health and environmental compliance. For example, Kentucky began implementation of the federal Surface Mining Reclamation and Control Act (SMCRA) in 1982 requiring all mining operations to obtain permits. Permits require reclamation bonds are posted to ensure reclamation is done in the event of defaults on obligations.

SMCRA permits are designed to protect public health, safety and welfare, whereas the Mine Safety and Health Administration (MSHA) is responsible for ensuring health, safety and welfare of miners. MSHA is the lead federal agency overseeing engineering design and construction of coal refuse impoundments, although the state issues the environmental permits.

Topics include evolution of mining techniques, broad form deed, surface and underground mining, Kentucky’s higher ground housing initiative, alternative land uses, solar farms, rare earth recovery from coal waste and alternative uses for quarries.

4:30 p.m. Day One Adjourns

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

8:30 a.m.
Legislative and Policy Overview 
Annie Santos, Manager, Public Affairs, Kentucky Chamber

8:45 a.m.    
EPA: What’s the New Direction Under the Trump Administration  
Kevin McOmber, P.E., Regional Administrator, EPA – Region 4

9:45 a.m. Break with Sponsors

10:00 a.m.    
Effectively Navigating an Uncertain Regulatory Landscape
Maren Seibold, Managing Consultant, Trinity Consultants 
Heather Davis, Partner, Earth and Water Law, LLC

This presentation will explore the current Trump administration's efforts to reconsider and roll back various air and climate change regulations, examining the practical implications of these changes on air permitting at industrial sites. Additionally, the session will address the legal process behind these regulatory changes, such as the rulemaking procedure, public comment periods, and judicial review, providing a comprehensive understanding of how such changes are implemented and challenged. By examining the interplay between political priorities, legal frameworks, and environmental science, this presentation will offer insights into how these regulatory shifts could reshape the U.S. environmental landscape for the regulated community. Finally, the session will examine how previous regulatory reconsiderations and roll backs have impacted air quality permitting and related compliance strategies for industrial facilities and use these case studies to develop resilient strategies to navigate the high level of uncertainty in the current regulatory landscape and to create durable permitting decisions to minimize business disruptions.

11:00 a.m.
Confronting Issues in Water Permitting 
Clay Larkin, Partner, Dentons

KPDES permit applications and renewals warrant considerable time and attention, and recent legal and regulatory developments concerning the scope of the Clean Water Act have only made permitting decisions more complex. For example, since the U.S. Supreme Court’s decision in Maui, federal courts have changed the way in which they analyze groundwater that is hydrologically connected to surface water. Additionally, the U.S. Supreme Court’s decision in Sackett has provided a new definition of “Waters of the United States” (WOTUS) which has significant implications. EPA has also issued guidance regarding PFAS and how it seeks to reduce PFAS discharges to waterways through NPDES permitting. This presentation is intended to help flag key permitting issues for EHS professionals as they walk through the KPDES permitting process.  

12:00 p.m.
Lunch with Sponsors

1:00 p.m.    
Cost and Implications of Deferred Stormwater Basin Maintenance Presentation 
Edward Fisher, P.E., Environmental Engineer, Shield Environmental Associates 
Shawn Gibbs, Environmental Specialist, Hanson Professional Services

Stormwater detention basins require ongoing maintenance to ensure compliance with federal, state, and local regulations. Deferred maintenance, whether due to costs or conditions within the basin, could have long-term consequences for the facility. Failure to properly maintain these features could result in compliance implications, such as failure to meet stormwater discharge quality metrics, and ultimately result in enforcement actions. Enforcement typically results in civil penalties for the facility as well as corrective action plans and reporting. However, implementing corrective actions could require additional permitting and costs due to the jurisdictional status of the basin. Deferred maintenance could ultimately cost significantly more to restore the basin to working or original condition and take significantly longer to implement due to the permitting/approval process for jurisdictional wetlands. Maintenance strategies should be implemented to reduce the facility costs and ensure environmental compliance.

2:15 p.m.
Meet with the Regulators 
Jarrod Bell, Director, Division of Enforcement, Kentucky Department for Environmental Protection 
Tony Hatton, Commissioner, Kentucky Department for Environmental Protection 
Michael Kennedy, PE, Director, Division for Air Quality, Kentucky Department for Environmental Protection 
Brian Osterman, Director, Division of Waste Management, Kentucky Department for Environmental Protection 
Moderator: Clay Larkin, Partner, Dentons

3:30 p.m.        
28th Kentucky Environmental Permitting and Reporting Conference Adjourns