Wednesday, August 14, 2019

8:00 a.m.            
Registration and Continental Breakfast

8:30 a.m.    
Welcome and Program Overview

Carolyn Brown, Partner, Dinsmore & Shohl LLP

8:35 a.m.     
Update on Air Permitting and Reporting

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

This session will provide attendees with the latest information on air quality permitting and reporting issues. You will hear from the Kentucky Division for Air Quality on the key issues facing the agency in carrying out its permitting responsibilities as well as new developments that may be important to all air emission sources. Learn about federal developments that may affect Kentucky sources and the Kentucky economy as well as issues of concern to the regulated community.

9:45 a.m.        
Workshop A:  Kentucky Wastewater Laboratory Certification Program – Field Analysis Compliance

Edward Fisher, EIT  Project Engineer, Shield Environmental Associates, Inc.
Michael Morris, PG, Senior Professional Geologist, Shield Environmental Associates, Inc.
Kevin Stewart, Laboratory Certification Program Manager, Kentucky Division of Water

Does your facility need to become a Certified Wastewater Laboratory? Performing any field analysis for stormwater or wastewater will require facilities to ensure that field analyses are collected by a field laboratory certified by the Kentucky Division of Water to ensure data submitted is accurate and ensure consistencies across all facilities. This presentation will provide an overview of becoming a certified field-only wastewater laboratory, developing necessary programs, QAPs/SOPs, and ensuring compliance through performance testing, recordkeeping and reporting.

Workshop B:  Episodic Hazardous Waste Generation:  Making It Work for You
Adam Cook, Senior Environmental Consultant, Shield Environmental Associates, Inc.
April Webb, Hazardous Waste Manager, Kentucky Division of Waste Management

Has your facility ever generated hazardous waste during non-routine maintenance or spill cleanup activities that required you to change generator status only to change back after the event? Now there is another option. With the recent changes to the Kentucky Division of Waste Management regulations pointing back to the federal regulations for hazardous waste and the 2016 Hazardous Waste Generator Improvement Rule, 40 CFR Part 262 Subpart L allows facilities to generate “episodic” hazardous waste that does not count toward the usual monthly determination of generator category. This session will provide an overview of the episodic generation rule including the definition of an episodic event, conditions of using the rule, and recordkeeping and reporting requirements.

11:00 a.m.            
Workshop C:  BMP, GWP, SPCC – Deciphering the Water Quality Plans Your Facility May Need to Develop

Anna Skinner, Associate Attorney, Dinsmore & Shohl LLP
Collin Linebach, Project Scientist, Linebach Funkhouser, Inc.

Kentucky Pollution Discharge Elimination System (KPDES) permit conditions and federal and state regulations typically require a facility to develop additional plans to manage and protect water quality beyond the KPDES permit, such as Best Management Practice Plans and Groundwater Protection Plans. It is important to both have the plan document readily available for any Kentucky Division of Water inspector, as well as to be able to demonstrate that the plans are being adequately implemented. This presentation will detail what additional plans may be required for a facility by a KPDES permit and federal and state regulations, what must be in those plans, and best practices for ensuring that the plans are documented and followed.

Workshop D:  Air Permitting – The Basics
Bob Basl, Vice President, EHS Technology Group, LLC

This presentation will review basic information regarding the Kentucky Air Permitting programs. It will focus on the basic requirements for minor and Title V sources.

12:00 p.m.        
Lunch with Sponsors

1:00 p.m.        
Workshop E:  Supreme Court’s Decision to Review Clean Water Act Cases

Clay Larkin, Partner, Bingham Greenebaum Doll LLP

This presentation will discuss the Supreme Court's recent decision to hear County of Maui, Hawaii v. Hawaii Wildlife Fund, a case involving whether the Clean Water Act covers pollution that moves through groundwater before reaching a federal waterway. This case is one of the most significant environmental law cases in the last few years, and the presentation will discuss the current split of authority among the US Courts of Appeals. This presentation will also discuss the EPA’s recent Interpretative Statement concluding the Clean Water Act is best read as excluding all releases of pollutants a point source to groundwater from NPDES program coverage, regardless of a hydrologic connection between the groundwater and jurisdictional surface water.

Workshop F:  The KyEIS to Understanding the Kentucky Emissions Inventory
Brent Fitzgerald, Senior Consultant, Trinity Consultants
Jacob Lewis, Environmental Control Supervisor, Kentucky Division for Air Quality

The KyEIS is one component of a broad environmental data management software used by Kentucky DEP. Its key use is to inventory emission across the Commonwealth. But how much do you really know about the KyEIS? This presentation will provide an informative review of KyEIS – its organization and infrastructure, its importance to air permitting actions, and how its additional usage ranges from KDAQ funding to SIP evaluations as well as NEI development. In addition, this presentation will highlight how the current system is in the midst of significant transformation, especially with regards to the fee schedule. The detailed knowledge gained about the important aspects of KyEIS will be of significant value to environmental managers at facilities in Kentucky and to other environmental professionals.    
2:15 p.m.            
Workshop G:  Latest Air Permitting Developments – Nationally and Locally

Todd Royer, PE, Vice-President, Midwest Air Environmental Manager, AECOM
Sree Kesaraju, PE QEP, Senior Environmental Engineer, AECOM

During the past two years, the U.S. EPA has issued several rules and guidance documents aimed at streamlining air permitting by reforming its New Source Review Program. This presentation will review these permit program changes and provide an update on the latest developments and the Kentucky specific impacts. The presentation will cover: Enforceability and Use of Actual-to-Projected-Actual (ATPA) emissions; EPA’s Project Emissions Accounting Guidance (“Project Netting”); Multiple guidance documents reforming “source aggregation”; EPA rulemaking to reform “project aggregation”; and Recent ozone non-attainment designations in Louisville and Northern Kentucky.

Workshop H:  Coal Combustion Residuals – State Experience: What Can We Take Away?
Matt Huddleston, Ph.D., Environmental Toxicologist, SynTerra Corporation
Todd Plating, P.G., Principal Geologist, SynTerra Corporation

The Disposal of Coal Combustion Residuals from Electric Utilities final rule was signed in December 2014 and published in the Federal Register on April 17, 2015.  The CCR rule establishes technical requirements for CCR landfills and surface impoundments under RCRA.  The EPA recommends that states take advantage of Solid Waste Management Plans already in place to address the issuance of the CCR rule and regulate CCR landfills and surface impoundments.  A comparison of the approaches taken by various states, and the lessons learned, will be presented.

3:30 p.m.             
Expansions and New Facilities – Permit Planning and Strategies to Stay on Track

Patricia Mason, PE, Senior Engineer and Project Manager, Smith Management Group
Jennifer Cave, Esq., Attorney, Stites & Harbison PLLC
Edye Raymond, CEM, Environmental Manager, Nucor

Environmental permitting plays a significant role when planning construction of a new facility or a plant expansion. Don’t let permitting surprises wreck your project budget and schedule. This seminar will help you effectively manage environmental permitting timelines and costs. Critical approvals and parameters will be identified from case studies of typical manufacturing facility projects in Kentucky. Recent permitting updates and industry tips will be discussed to help you keep your projects on track. The roundtable format includes time for questions and group discussion.

4:30 p.m.    
Day One Adjourns

Thursday, August 15, 2019

8:00 a.m.            
Registration and Continental Breakfast

8:30 a.m.            
Legislative and Policy Overview

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

8:45 a.m.         
“Art is Nothing Without Form”:  How to Optimize Use of the New DEP7007 Permitting Forms

Elisabeth Martin, Consultant, Trinity Consultant
Michael Kennedy, Environmental Engineering Branch Manager, Kentucky Division for Air Quality, Permit Review Branch

Courtney Shattuck, Environmental Scientist IV, Kentucky Division for Air Quality

Applications for all Kentucky Division for Air Quality registrations, initial permits, permit revisions, and permit renewals are required to be made using the Division’s DEP7007 forms. As of February 1, 2019, 401 KAR 52:050 has been amended to incorporate a revamped version of all the DEP7007 forms. Concurrently, 401 KAR 52:070 was amended to reflect that registrations are now required to be completed using the same suite of forms rather than the unique DEP7039A form previously used. Reflecting over four years of work, including input from a stakeholder group as well as public comment during the rule amendment process, the proposed modifications reflect substantial, comprehensive updates to the legacy forms and submittal process. This session will review the changes and strategies for optimizing use of the forms through a discussion lead by Michael Kennedy, DAQ Environmental Engineering Branch Manager and Elisabeth Martin, Trinity Consultants.
10:00 a.m.             
Workshop I:  Odors – Air Quality Issues Beyond the Four Corners of Your Permit

Jarod Gregory, Senior Consultant, Trinity Consultants
Jennifer Cave, Attorney, Stites & Harbison

Ambient air quality standards for pollutants such as particulate matter, sulfur dioxide, and ozone are synonymous with environmental permitting – but did you know that parts of Kentucky have an ambient air quality standard for odors? Odors are subject to a dilution test outside of Louisville, while the LMAPCD may rely on a combination of technical and observational techniques to define “objectionable odors.” Unlike the easily quantifiable emissions of criteria pollutants or air toxics, odor concerns are often subjective, difficult to track, and only applicable when a nuisance complaint is lodged to the applicable agency. The olfactory system provides 80 percent of all flavor sensations and plays a major role in the body's natural defense system - so with odor, it can elicit emotional responses that drive community concern, complaints, and potential action from the KDAQ or LMAPCD. In this session, learn how odor is regulated, methodologies for measuring odors, potential liabilities resulting from odors, and odor abatement technologies.

Workshop J:  Title V Renewals:  Hints, Tips and Experiences
Robin Thomerson, Attorney, Dinsmore & Shohl LLP
Louis Petrey, Manager, Air Quality, East Kentucky Power Cooperative, Inc.

This presentation will address methods and means for making renewal of your Title V permit as efficient and painless as possible. From planning and scheduling out the renewal process to keeping up with changes throughout the term of the permit, this session will provide practical and useful advice to prevent a crisis when you suddenly realize the six-month deadline for submittal of an application is looming.

11:15 a.m.            
Workshop K:  LMAPCD Update

Kelly Bartley, Attorney, Bingham Greenebaum Doll LLP
Stewart McCollam, PE, Environmental Engineer, Smith Management Group

The Louisville Metro Air Pollution Control District (LMAPCD) Regulates all sources of air emissions located within the Louisville Metro area.  This session will provide an update on LMAPCD 2018-19 initiatives and activities including regulation changes, significant enforcement matters, NAAQS designations and implementation plans, and EPA’s Regional Applied Research Effort (RARE) air toxics monitoring project in the Rubbertown Area.  

Workshop L:  Tracking Emissions Using Fence-line Monitoring
Kelli Totten, Environmental Supervisor, Marathon Catlettsburg Refinery
Mike Campbell, Environmental Service Group Supervisor, Marathon RAD

Historically, emissions have been measured and reduced using control technologies such as Continuous Emissions Monitoring Systems (CEMS) on heater stacks or by controlling fugitive equipment leaks through Leak Detection and Repair (LDAR) programs.  Recently, the EPA started developing technologies that can be placed at industrial fence-lines measuring “fugitive emissions” including many different Volatile Organic Compounds (VOCs) leaving the facility.  Subsequently, the EPA is also starting to implement action level limitations on facilities in the ppb detection range.  This presentation will cover the recent implementation of a benzene fence-line monitoring program at a petroleum refinery and the steps involved including deployment of sample stations, collection of samples, troubleshooting activities for a high result, and how to perform the sample analysis.
12:15 p.m.        
Lunch with Sponsors

1:15 p.m.            
Significant Issues Regarding Water Quality Standards

Peter Goodmann, Director, Division of Water, Kentucky Department for Environmental Protection
Tim Hagerty, Partner, Frost Brown Todd LLC

Session description coming soon.

2:00 p.m.    
Meet with the Regulators

Kentucky Department for Environmental Protection:
Tony Hatton, Commissioner
Sean Alteri, Deputy Commissioner
Melissa Duff, Director, Division for Air Quality
Peter Goodmann, Director, Division of Water
Jon Maybriar, Director, Division of Waste Management
Moderated by: Carolyn Brown, Partner, Dinsmore & Shohl LLP

During the course of this conference, a lot of information will have been shared about changes at both the federal and state levels. This session will tie all of these topics together by providing an opportunity for you to hear directly from the Kentucky Department for Environmental Protection’s leadership.  In this interactive session, Deputy Commissioner Tony Hatton will give a brief overview of the department’s priorities and accomplishments. Then each of the directors will give a brief update of their respective divisions. Topics to be covered will include: budget/personnel update, regulations update, general programmatic division issues, WOTUS, ACE, PFAS/PFOA, amendments to cleanup regulations.  The session will end with the panel taking questions from the attendees. You won’t want to miss this opportunity to speak directly to the regulators.

3:30 p.m.        
22nd Annual Environmental Permitting and Reporting Conference Adjourns



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