Registration and continental breakfast with sponsors
Welcome and Legislative Update
Kate Shanks, Director, Public Affairs, Kentucky Chamber of Commerce
Trump Administration – Changed Landscape for Environmental Programs
Rusty Ashcraft, Manager, Government Affairs & Environmental Policy, Alliance Coal; Carolyn Brown, Partner, Dinsmore & Shohl LLP; Chad Harpole, Director of Government & Community Affairs, Century Aluminum; and Barry Mayfield, Vice President of Strategic Planning & External Affairs, East Kentucky Power Cooperative, Inc.
On the campaign trail now President-Elect Trump vowed major changes in Washington. In office, less than 90 days, what are we seeing on the environmental landscape and what should we expect. Hear from seasoned professionals from different perspectives – manufacturing, electric utilities, and mining.
Concurrent Session One
Workshop A: How Changes to EPA’s Guideline on Air Quality Models Could Affect Permit Modeling in Kentucky
Ben Cordes, Supervisor, Air Dispersion Modeling Section, Division for Air Quality, Kentucky Department for Environmental Protection; Kevin Davis, Toxics/Risk Assessment, Division for Air Quality, Kentucky Department for Environmental Protection; and George Schewe, Principal Consultant, Trinity Consultants
Kentucky air quality regulations rely upon guidance from the U.S. EPA for performing dispersion modeling studies as part of routine air permitting and other regulatory air studies. A revision to the EPA’s Guideline on Air Quality Models (40 CFR 51, Appendix W) was published in the Federal Register on July 29, 2015. In late 2016, after considering the multitude of changes to models, modeling guidance, and model options, the Guideline will be promulgated. Kentucky must now follow any new Guideline methods in applying dispersion models for major permit actions (new and modified permits). Kentucky follows these federal guidelines, does not have any state specific guidance, and interprets the guidelines on an as-needed basis for projects in Kentucky. These updates include modeling actual emissions instead of allowable emissions for regional inventory sources, increased dependence on background concentrations, and promulgation of low wind speed adjustments and alternate NO2/NOx conversions.
Workshop B: ISO 14001:2015 Are You Ready?
Greg Hemker, President, EHS Technology Group, LLC
An overview of the new Standard's requirements, a comparison to the old Standard and recommends for transitioning the management system to the new requirements.
Lunch with sponsors
Concurrent Session Two
Workshop C: Drones: The Good, The Bad and The Ugly
Jennifer Cave, Member, Stites & Harbison, PLLC; Drew Duffin, Founder/Owner, Vizion Air; and Clarke Keller, Member, Stites & Harbison, PLLC
In recent years, the use of unmanned aircraft systems (“UAS” or drones) has exploded. Although hobbyists fly drones for pleasure, businesses are developing new uses for drone technology daily. Most drones sold for both hobby and commercial uses are equipped with a video camera mounted below the drone. These cameras have allowed companies to use drones as a safe, low-cost way to conduct inspections. But what happens when drone technology is used against industry? For example, in 2012, a hobbyist pilot using a $75 drone equipped with a point and shoot camera captured photos of a Dallas-area meatpacking plant dumping blood into a river prompting EPA to investigate the plant. This presentation will review the beneficial uses of drone technology, discuss current federal and state law regulating drone use, and suggest methods for facilities to avoid or counteract unwanted drone surveillance flyovers.
Workshop D: Impact of Environmental Issues on Property Tax Assessments: Potential Tax Reduction Opportunities that May Offset Environmental Compliance Costs
Jeffrey Bennett, Partner, Bingham Greenebaum Doll LLP; Mark Lloyd, Partner, Bingham Greenebaum Doll LLP; and Bailey Roese, Associate, Bingham Greenebaum Doll LLP
Environmental issues, such as contaminated land or regulatory pollution reduction mandates, may present tax reduction opportunities. Some of these may include reductions of real property tax assessment, tax exemptions for remediation measures, and economic development incentives. This presentation will attempt to help you find the proverbial silver lining in a less than pristine cloud.
Concurrent Session Three
Workshop E: Hazardous Waste Overhaul: EPA’s Final Hazardous Waste Generator Improvements Rule
Jon Maybriar, Director, Division of Waste Management, Kentucky Department for Environmental Protection; Robin Thomerson, Of Counsel, Dinsmore & Shohl LLP; and Karen Thompson, Professional Geologist, Smith Management Group
EPA has finalized the Hazardous Waste Generator Improvements Rule proposed in late 2015. This session will give a detailed review of the changes finalized and their impact on Kentucky businesses. The session will also address how Kentucky regulators view the changes and the timeline for implementing the rules in Kentucky.
Workshop F: Environmental Citizen Suits: A Primer and Discussion of Recent and Expected Trends
Kelly Bartley, Of Counsel, Bingham Greenebaum Doll LLP
An environmental “citizen suit” is a type of lawsuit authorized by all major U.S. federal environmental statutes, including the Clean Air Act and Clean Water Act. Statutory citizen suit provisions authorize a private individual or interest group to step into the shoes of U.S. EPA or its state equivalent to bring suit in federal court for the enforcement of alleged violations of permits, laws or regulations. Speculation abounds, but with the Trump administration, industry may see environmental interest groups retract from the “sue and settle” trends seen under the Obama Administration and, instead renew or expand focus on environmental citizen suit enforcement. This presentation will provide an overview of statutory environmental citizen suit provisions as well as recent trends in citizen suit litigation.
Latest Clean Air Act News
Carolyn Brown, Partner, Dinsmore & Shohl LLP and Melissa Duff, Assistant Director, Division for Air Quality, Kentucky Department for Environmental Protection
This session will provide an update on the latest developments under the Clean Air Act at the federal and state level. With the Trump Administration in place, a changed approach at USEPA is predicted. Learn about the new players, what changes are underway and where the status quo appears to be maintained. Hear the latest on KDAQ plans and programs for 2017.
Day one adjourns
Registration and continental breakfast with sponsors
Welcome and Overview
Winds of Change
Charles G. Snavely, Secretary, Kentucky Energy and Environment Cabinet and LaJuana S. Wilcher, Partner, English Lucas Priest & Owsley, LLP
What are the environmental policy implications resulting from President Trump's selection of a new EPA Administrator? How will the elections affect environmental decision makers in Kentucky and in DC? What did Congress intend the State-Federal relationship to be in the environmental regulatory arena, and how has that been working for us in Kentucky? How might this new Administration change the stakes for the State-Federal relationship in Kentucky and the regulated community across the country? These issues will be addressed by two presenters who have experienced and directed changes in our state and federal environmental agencies and have first-hand experience to share.
Concurrent Session Four
Workshop G: TSCA Update: What You Don’t Know Can Hurt You
Mike Gray, Associate, Dinsmore & Shohl LLP and Sara Smith, President, Smith Management Group
Even with potential criminal penalties of up to $37,500 per-day, many businesses are unaware that they have obligations under TSCA. At the same time, TSCA requirements are in flux because of this year’s historic TSCA reforms. In this presentation, learn the basics of TSCA including the types of activities that can trigger reporting and the exemptions to reporting that might be available to you. Hear about recent enforcement actions and penalties and the activities most likely to face scrutiny under TSCA. Find out about the changes introduced by TSCA reform, including to reporting requirements and how these changes will impact the supply chain. Learn about the TSCA reform implantation timeline, the inventory reset, and funding challenges which could impact implementation.
Workshop H: FAST or Slow? Streamlined NEPA Review for Energy Projects and the Lingering Uncertainty Over Consideration of Greenhouse Gas Impacts
Emily McKinney, Managing Associate, Frost Brown Todd LLC and Josh Young, Supervisor of Natural Resources and Environmental Communications, East Kentucky Power
NEPA review can present a significant hurdle to development of renewable energy, conventional energy, and energy transmission projects that have any sort of federal permitting, approval, or funding involvement. The recent FAST Act includes provisions designed to simplify and accelerate the NEPA review process for energy projects, including electric generation and transmission projects. But recently released guidance from the President’s Council on Environmental Quality expands the scope of consideration of greenhouse gas impacts in NEPA reviews and threatens to slow down this process. Litigation also can be a complicating factor in the NEPA review of energy projects. This presentation will include a brief overview of the NEPA process, a discussion of how NEPA may apply to a variety of energy projects, a review of the recent changes to the relevant statutes and guidance, and comments on the treatment of these issues by the courts.
Concurrent Session Five
Workshop I: Next Generation Source Testing: EPA’s Electronic Reporting Tool
Tom Gerstle, P.E., Vice President, Consulting Services, Environmental Quality Management, Inc. and Maren Seibold, Managing Consultant, Trinity Consultants
Industrial sources in Kentucky are subject to numerous regulations that require source testing. Traditionally, test reports have been submitted to the regulatory agency in hardcopy or emailed in electronic format. However, many recent regulations require the results of source testing, fuel analyses, and continuous monitoring system performance evaluations to be entered into EPA’s Electronic Reporting Tool (ERT). Rather than simply inputting the test results, ERT requires the entry of data collected during each increment of a test run. Consequently, this effort often involves entering thousands of data points, which are used by ERT to calculate source test results. The resulting ERT report is then submitted via the Compliance and Emissions Data Reporting Interface (CEDRI). While EPA’s website touts ERT as a time saving tool that will streamline and standardize source test plans and results, if a company has not prepared for ERT, it can represent a considerable burden.
Workshop J: KRS 224.1-415 — Your Job May Depend on It
Roy Funkhouser, Principal, Linebach Funkhouser, Inc. and Jim Kirby, Environmental Scientist, Division of Waste Management, Kentucky Department for Environmental Protection
With the onset of a new Presidential Administration and new statewide governing body, change is coming to Kentucky. Exactly how business reacts is yet to be determined; however, an increase in acquisitions, divestitures, and re-use of existing plants is a safe bet. KRS 224.1-415, also known as KDEP’s Brownfield Redevelopment Program, has shown itself to be much more than an environmental regulation: it’s a key economic development tool. It can make the difference between a struggling plant that attracts new ownership and survives, and one that does not. It can also help new businesses relocate to Kentucky as opposed to another state. Jim Kirby of KDEP’s State Superfund Program will provide an overview of the Program and how it has been working to date. Roy Funkhouser of Linebach Funkhouser, Inc. will address ways to implement a cornerstone of the Program, the Property Management Plan. Case studies will be provided.
Lunch with sponsors
Concurrent Session Six
Workshop K: Sustainable Materials Manufacturing in Kentucky
Jennifer Cave, Member, Stites & Harbison, PLLC and Rhonda Poston, Manufacturing & Environmental Executive, Republic Services
This presentation will introduce the audience to the regulatory, business, and environmental drivers for responsible materials management in Kentucky. An outline for adopting sustainable waste practices at facilities will be provided as well as common challenges in implementing large scale recycling projects at manufacturing facilities. Current commodity values will be reviewed and the path to achieving a zero landfill waste goal will be discussed. We will also evaluate recycling options for nonstandard materials and discuss the beneficial reuse of scrap materials. Finally, we will facilitate discussion regarding common recycling issues in the manufacturing setting.
Workshop L: How to Survive an Environmental Audit – I Promise, I’m on Your Side
Amy Spann, Environmental Engineer, EnSafe, Inc.
Session will provide tips for surviving an environmental compliance audit from a 20-year audit veteran. From the initial in-brief to the site walk-around to the records review, learn what auditors are looking for and how to be prepared. Topics include: facility presentation; accessibility and organization of plans, permits, programs, and reports; employee interviews; and common environmental audit findings. The goal of the session is to make the audit process less stressful, more valuable to your operations and end with no surprises.
Concurrent Session Seven
Workshop M: I Received a Notice of Violation. Now What? Navigating Enforcement Proceedings in Kentucky
Kelly Bartley, Of Counsel, Bingham Greenebaum Doll LLP and Jeff Cummins, Director, Division of Enforcement, Kentucky Department for Environmental Protection
The process for resolving an agency identified noncompliance issue can take several different paths depending upon the severity of the noncompliance, steps needed for resolution, whether the noncompliance is disputed as well as other factors. This presentation will provide an overview, from an attorney’s perspective, of Kentucky DEP’s enforcement process, the role of U.S. EPA in Kentucky enforcement matters, possible outcomes, and tips for navigating the process and conferring with the Division of Enforcement. Jeff Cummins, Director of the DEP Division of Enforcement, will provide agency perspective on the issues discussed and also review trends and statistics from 2016 enforcement matters.”
Workshop N: Risk Management Regulations: Recent Developments and Best Practices
Chris Kim Kahn, Senior Associate, Frost Brown Todd LLC
In the aftermath of the 2013 explosion at a fertilizer plant in West, Texas, U.S. EPA has continued to focus its efforts in reducing risks of releases and chemical accidents. Enforcement of the Risk Management Plan (RMP) regulations has steadily increased over the last ten years. This trend is expected to continue as U.S. EPA has made reducing risks of accidental releases at industrial and chemical facilities a National Enforcement Initiative and recently issued final amendments to the RMP regulations. The presentation will also provide an overview of recent developments to the Process Safety Management (PSM) regulations, similar regulations enforced by OSHA, and how they may impact RMP compliance and enforcement. As RMP enforcement continues to be a focus for U.S. EPA it is important for facilities to evaluate whether they are subject to these regulations (including the General Duty Clause) and to stay on top of these recent changes.
Meet with the Regulators
From the Kentucky Department for Environmental Protection:
Aaron Keatley, Commissioner; Peter Goodmann, Director, Division of Water; Jon Maybriar, Director, Division of Waste Management; and Melissa Duff, Assistant Director, Division for Air Quality
This panel session will consist of DEP Commissioner Aaron Keatley and the Division Directors for Water, Waste, and Air. Among the topics to be discussed include updates on the 2017 legislative session, Gov. Bevin’s Red Tape Reduction initiative, state regulatory revisions, and interactions with the new EPA administration.
15th Annual Kentucky Environmental Conference adjourns