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Agenda

Day 1: Thursday, March 8, 2018

8 a.m.
Registration and continental breakfast with sponsors


8:30 a.m.
Welcome and Legislative Update

— Kate Shanks, Director, Public Affairs, Kentucky Chamber of Commerce

8:45 a.m.
Keynote: The Future of the Environmental Protection Agency

Trey Glenn, Regional Administrator, Region 4, U.S. Environmental Protection Agency (EPA)

10 a.m.
Concurrent Session One
Workshop A: Storm Water Challenges

Whether it be adding an outfall, submitting discharge monitoring reports in CDX or trying to update a SWPPP, there are many facets to a storm water program. This presentation will give an overview of the requirements for storm water permits as well provide clarity to some of the confusing and frequently missed actions. Does a change need to be made if there is new construction but no new outfall? What is the sampling protocol and do I need a lab certification? How do I implement benchmarks when no limit exists? This presentation will tie all the information together to better understand KPDES.
Mark P. Saliga, P.E., Principal, Shield Environmental Associates, Inc.

Workshop B: Who is Responsible for Compliance?  Everyone.  Obtaining Buy in from Non-Environmental Staff
In today’s world of ever changing environmental rules and regulations, how can environmental professionals reach out to all staff and obtain compliance assistance from the entire plant? This session will discuss methods to target audiences for training purposes, spread awareness among staff, even those you might not think of and spread compliance responsibility and buy-in throughout the plant. If I’m the only environmental professional how can training fit in my day? We will discuss the benefits of reaching out to the plant to assure information on compliance comes to you and will discuss methods for balancing training of staff with the many other responsibilities of the job. We will discuss ideas to work smarter, not harder to foster environmental compliance as part of everyone’s day and not an afterthought impeding operational goals. Bring questions, thoughts and ideas as the session will be interactive, allowing participants to learn from one another.
Robin Thomerson, Attorney, Dinsmore & Shohl LLP
Robert Webb, Environmental Compliance Supervisor, East Kentucky Power Cooperative, Inc.


Workshop C: The Impact of Miller v. Brown-Forman
In Brown-Forman Corporation and Heaven Hill Distilleries, Inc. v. George Miller, a yet to be published opinion rendered this fall, the Kentucky Supreme Court dealt with whether the Clean Air Act preempts state common law tort claims for damages or injunctive relief where harm is alleged to result from air pollutant emissions authorized by a permit issued by a regulatory authority entrusted to carefully balance environmental and economic factors. The Kentucky Supreme Court held that injunctive relief is not available to a party claiming air pollutants emitted in compliance with a Division of Air Quality or an Air Pollution Control District permit creates a nuisance or trespass. This presentation will discuss how Miller v. Brown Forman Corp might be use to defend against claims for injunctive relief seeking to prohibit water discharges or waste disposal activities conducted in compliance with state issued permits.
Max Bridges, Associate, Wyatt, Tarrant & Combs LLP
Carl Horneman, Partner, Wyatt, Tarrant & Combs LLP

11:15 a.m.
Concurrent Session Two
Workshop D: Don’t Forget OSHA Standards:  Beyond EPA’s Hazardous Chemicals Requirements

While EPA has several reporting and recordkeeping requirements for facilities that use hazardous chemicals, these are typically only triggered when the facility possesses that hazardous chemical in a large amount. Companies should not forget that OSHA has several requirements governing facilities that possess or utilize hazardous chemicals, some of which apply regardless of quantity. This presentation will first provide a brief overview of the major EPA regulations that apply to hazardous chemicals and their triggers. It will then focus on the applicability and requirements of OSHA’s various chemical standards. Finally, the presentation will provide a brief overview of the Kentucky's Labor Cabinet’s inspection, citation, and adjudication process and case studies from various hazardous chemical citations issued by KYOSH and federal OSHA.
Dan Flynn, Partner, Dinsmore & Shohl LLP
Anna Claire Skinner, Associate, Dinsmore & Shohl LLP

Workshop E: The State of Federal Regulatory Reform on Air Permitting Issues
Following issuance of EO13777 on Enforcing the Regulatory Reform Agenda, EPA established a task force to oversee evaluation of existing regulations and make recommendations about potential repeal, replacement or modification. EPA accepted public comments on these and other related Administration initiatives from April 11 to May 15, 2017 and over 460,000 comments were received. EPA’s Draft Fiscal Year 2018-2022 Strategic Plan, released in October 2017, included similar priorities for regulatory reform, and EPA’s October 25, 2017 Final Report on Review of Agency Actions that Potentially Burden the Safe, Efficient Development of Domestic Energy Resources under EO 13783 further delineated EPA’s goals on regulatory reform. This session will provide an overview of the current status of EPA’s action on significant air permitting issues raised during these processes and potential impacts of the same including EPA’s “once in always in” policy, efforts to streamline air permit processes, and new source review reform.
Kelly Bartley, Attorney, Bingham Greenebaum Doll LLP

Workshop F: Clean Water Act Jurisdiction Update
This presentation will address efforts being undertaken by the current EPA administration to clarify the scope of the Clean Water Act. Most notably, the EPA and Army Corps of Engineers are undertaking efforts to revise the definition of "waters of the United States," and the presentation will provide an update on the status of the "WOTUS" Rule. Additionally, the presentation will address the ongoing controversy over the application of the Clean Water Act to groundwater discharges. Finally, the presentation will offer practical suggestions for holders of Clean Water Act permits concerning steps that can be taken in response to changes to Clean Water Act jurisdiction.
Clay Larkin, Partner, Bingham Greenebaum Doll LLP

12:15 p.m.
Lunch with sponsors


1:15 p.m.
Concurrent Session Three
Workshop G: Enforcement – Process and Trends

This session will cover the enforcement process at the Division of Enforcement, how and why violations are referred to DOE, the federal enforcement process and trends in enforcement at the state and federal level.
Carolyn Brown, Partner, Dinsmore & Shohl LLP
Jeff Cummins, Director, Division of Enforcement, Kentucky Department for Environmental Protection
Michael Kroeger, Assistant Director, Division of Enforcement, Kentucky Department for Environmental Protection

Workshop H: Expanded Refrigerant Requirements
EPA recently expanded the Refrigerant Management Program to include most previously unregulated refrigerants. Many industrial facilities have air conditioning or industrial process refrigeration units of sufficient refrigerant capacity (_50 pounds) to trigger leak repair requirements. Facilities with small refrigerant units are also affected by revised disposal requirements for this equipment. The final compliance date of January 1, 2019 for the new appliance maintenance and leak repair requirements requires that facilities prepare for and implement these changes during 2018. At many facilities, refrigerant handling is managed by an outside contractor or by the facility's maintenance department with limited involvement by the environmental departments. However, with the new changes, environmental managers should take a closer look at compliance with this regulation.
Margie Roulier, Project Manager, AECOM

Workshop I: Opportunity Lies Within Kentucky’s State and Local Tax Benefits for Pollution Control Facilities and Equipment
Kentucky is one of the leaders in the area of providing tax incentives for pollution control equipment. The purpose of this presentation will be to inform attendees about the numerous state tax incentives and the general procedures for taking advantage of the incentives.
Daniel Mudd, Attorney, Frost Brown Todd LLC
Alec Germond, Project Manager, Business Development, Kentucky Cabinet for Economic Development
Philip Schworer, Attorney, Frost Brown Todd LLC


2:30 p.m.
Concurrent Session Four
Workshop J: Hazardous Waste Contingency Plans and Oil Spill Prevention Plans…Aren’t They the Same and What Do They Require?

This presentation will cover each requirement of the federal regulations that defines the contingency plan and the SPCC plan. This will include a comparison discussing, the differences, and the similarities. Not all facilities are required to develop these plans. The presentation will discuss when the plan is required, examples of best practices, and how to combine the plans when appropriate. Specific examples and best practices of key requirements will illustrate what must be in the plan.
Greg Hemker, President, EHS Technology Group, LLC

Workshop K: Air Quality Electronic Reporting Update
Join us for an update on electronic reporting with representatives from the Kentucky Division for Air Quality and industry to discuss the legal regulatory and practical aspects of electronic reporting and submittals. Gain understanding of what reports and permits should be electronically submitted and how to most efficiently utilize the Division's electronic portals and services.
Jarrod Bell, Environmental Control Manager, Kentucky Division for Air Quality
Robin Thomerson, Attorney, Dinsmore & Shohl LLP  
Chris Wathen, Vice President, Kenvirons, Inc.

Workshop L: Environmental Law Update
This presentation will review significant recent legal decisions in environmental law in Kentucky, the Sixth Circuit, and the Supreme Court during 2017. Cases discussed may include, but will not necessarily be limited to the following: (1) Louisville Gas & Elec. Co. v. Ky. Waterways Alliance, 517 S.W.3d 479, 480, 2017 Ky. LEXIS 201, *1, 2017 WL 1536247; (2) Brown-Forman Corp. v. Miller, 2017 Ky. LEXIS 428, *1, 85 ERC (BNA) 1347, 2017 WL 4296968 (3) City of Green v. Nexus Gas Transmission, LLC, 2017 U.S. App. LEXIS 23725 (4) Cole v. Marathon Oil Corp., 2017 U.S. App. LEXIS 21360, 2017 FED App. 0590N (6th Cir.), 47 ELR 20140, 2017 WL 4857544 (5) Brown v. Arch Wood Prot., Inc., 2017 U.S. Dist. LEXIS 157101, CCH Prod. Liab. Rep. P20,163, 2017 WL 4274160 (6) Muncie v. Weiseman, 2017 Ky. App. LEXIS 76
Jennifer Cave, Member, Stites & Harbison PLLC
Jackie Quarles, Deputy General Counsel, Energy and Environment Cabinet

3:45 p.m.
Latest Clean Air Act News

This session will provide an update on federal and state actions and regulatory developments under the Clean Air Act including ambient air quality, interstate transport issues and the Kentucky State Implementation Plan, permitting developments and enforcement focus by USEPA and Kentucky.
Sean Alteri, Director, Kentucky Division for Air Quality
Carolyn Brown, Partner, Dinsmore & Shohl LLP

5 p.m.
Day one adjourns

DAY 2: Friday, March 9, 2017

8 a.m.
Registration and continental breakfast with sponsors

8:30 a.m.
Welcome and Overview

8:45 a.m.
Hazardous Waste Generators – Ensuring Compliance with the Update Rule

The management of hazardous wastes generated by an industrial facility can be a complex undertaking, where delaying a waste shipment by a few days has the potential to significantly expand a facility’s regulatory burden and compliance risks. Proper management of these wastes requires a detailed understanding of the relevant regulations, both at the federal and local levels, as well as fundamental knowledge of the various waste streams generated by the facility. Further complicating these matters, EPA recently restructured and updated the federal rules in a way that will impact nearly all hazardous waste generators. Kentucky is currently in the process of adopting these revised regulations, which will likely require a facility to revisit and overhaul its waste management procedures. This training session will provide an overview of the regulatory changes, recommend practices for ensuring compliance, and identify likely enforcement targets under the updated regulations.
Christa Russell, Senior Engineer, Trinity Consultants
Maren Seibold, Managing Consultant, Trinity Consultants

10 a.m.
Concurrent Session Five
Workshop M: Environmental Management Systems ISO 14001:2015 Standard: What Has Changed and Common Issues Transitioning to the New Standard

This will cover the 14001:2015 Standard and common issues that companies may have during the transition to the new standard.
Clayton Whitney, President, Smith Management Group

Workshop N: Understanding the “Science” Behind Climate Change:  What’s Behind Oz’s Curtain?
Climate change is a concept that is driving many regulatory decisions that have an everyday effect, not only on EH&S Managers, but all of us in general. We all rely on the "experts" to advise us. Personal and political philosophy has entered the fray to the point that it's really hard to understand what is "science" and what is political opinion wrapped in "science." It's hard to argue with "science," and so many want to use the word to shut-down healthy debate. But exactly what IS this "science" upon which decisions are being made? How are we collecting reliable, defensible data over a planet that's covered over 70% by water? This talk will provide an overview of how data is collected and synthesized to make climate predictions.
Roy Funkhouser, Principal, Linebach Funkhouser, Inc.

Workshop O: Louisville Metro Air Pollution Control District Update
The Louisville Metro Air Pollution Control District (LMAPCD) regulates all sources of air emissions located with the Louisville Metro area. This session will provide an update on LMAPCD 2017 initiatives and activities including regulation changes, significant enforcement matters and EPA's Regional Applied Research Effort (RARE) air toxics monitoring project in the Rubbertown area.
Kelly Bartley, Attorney, Bingham Greenebaum Doll LLP
James McDonald, Principal Project Manager - Environmental Air Services, AECOM

11:15 a.m.
Concurrent Session Six
Workshop P: Chemical Inventory Reporting – Centralizing Calculations for Enhanced Compliance Assurance

Chemical manufacturers are faced with a wide range of chemical inventory reporting obligations: From Emergency Planning and Community Right-to-Know Act (EPCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to Toxic Release Inventory (TRI) and Tier II. Depending on the program, facilities may be responsible for determining maximum on-site chemical quantities, amount manufactured and/or processed in a given year, and/or mass emission rates and waste generation. The results of these calculations are often used to determine the need or scale of reporting requirements and end up in the public domain. For these reasons, a facility’s best practice is to centralize calculations to not only ensure compliance with the respective chemical reporting programs, but also to present consistency in values available to regulatory authorities and the public.
Jarod Gregory, Consultant, Trinity Consultants

Workshop Q: Caveat Emptor?  Strategies to Avoid Environmental Enforcement in a New EPA
Nearly a year into the Trump presidency and uncertainty still abounds. The U.S. EPA has begun touting both cooperative federalism and the doctrine of subsidiarity as guiding principles in environmental enforcement. This presentation will examine these ideas and explore how they could frame federal and state environmental enforcement in the coming years. In addition, this program will examine the Environmental Council of States' (ECOS) heightened presence with the Agency and how it, along with an increased reliance on electronic reporting and an emphasis on compliance assistance programs, could change enforcement priorities, audit policies, penalty policies and more.
Jennifer Cave, Member, Stites & Harbison PLLC
Aaron Keatley, Commissioner, Kentucky Department for Environmental Protection

Workshop R: A Work in Progress:  Building a Successful EHS Career from the Ground Up  
Whether a newcomer to EHS or a seasoned practitioner in the field, this presentation will provide information participants can apply to cultivating a successful career in our dynamic and challenging industry. We will examine the three key elements in our ‘career construction’ project: the foundation, frame, and roof – and share helpful tips, common pitfalls, and ways to position yourself, your team, and your organization for success. Drawing on 23 years’ experience in the EHS field, the instructor will lead the group through a dynamic discussion structured around the following elements: Foundation (Developing Yourself), Frame (Developing Your Team), and Roof (Building on Your Successes).
Ricardo Federico, Business Lead, EnSafe, Inc.

12:15 p.m.
Lunch with sponsors


1 p.m.
Concurrent Session Seven
Workshop S: RCRA: Surviving the Hazardous Waste Inspection

Whether your facility is a large or small quantity generator, chances are that eventually you’ll receive that call from the lobby that a Hazardous Waste Inspector would like to inspect your facility. During this presentation, we will discuss the physical features that an inspector will want to look at, as well as records that he or she will want to review. After this presentation, you should be armed with the knowledge to prepare your facility for the most thorough of inspections.
Adam Cook, Senior Environmental Consultant, Shield Environmental Associates, Inc.

Workshop T: Secondary PM Formation – How to Apply MERPS
An overview of the State Implementation Plans (SIP) for Criteria Air Pollutants (CAPs) and how upcoming changes to those SIPs can impact your business in addition to the obvious targeted industries. Review changes in the implementation procedures for probabilistic National Ambient Air Quality Standards (NAAQS) for CAPs.
Ben Cordes, Supervisor, Air Dispersion Modeling Section, Kentucky Division for Air Quality
Brian Otten, Consultant, Trinity Consultants
George Schewe, Principal Meteorologist, Trinity Consultants

Workshop U: Ushering in the Brownfields Era:  A Crash Course in Kentucky Redevelopment Topics
With the recent passage of The Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017 (aka the “EERA”), the federal brownfields program is positioned for a significant boost – both in terms of the dollar amounts associated with assessment and cleanup grants, as well as an expansion of eligibility to nonprofits and community development entities. This is great news for assessment and cleanup grants administered by EPA – four of which were awarded to Kentucky communities in 2017 – but also complements Kentucky’s strong Brownfield Redevelopment and Land Reuse Program that has issued more than 185 Notices of Eligibility or Notifications of Concurrence since its inception in 2014. Join us for a discussion of key issues related to brownfields in Kentucky, including federal and state regulatory programs, liability relief, and environmental due diligence.
Jim Kirby, Environmental Scientist, Kentucky Department of Environmental Protection
Ricardo Federico, Business Lead, EnSafe, Inc.

2:25 p.m.
Meet with the Regulators

This panel session will consist of DEP Commissioner Aaron Keatley and the division directors for water, waste and air. The topics to be discussed include updates on the 2018 legislative session, state regulatory revisions and interactions with the new EPA administration.
From the Kentucky Department for Environmental Protection:
Aaron Keatley, Commissioner

Sean Alteri, Director, Division for Air Quality
Peter Goodmann, Director, Division of Water
Jon Maybriar, Director, Division of Waste Management
Moderator: Carolyn Brown, Partner, Dinsmore & Shohl LLP


3:30 p.m.
16th Annual Kentucky Environmental Conference adjourns