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

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

Legislative Update 
Kate Shanks, Senior Vice President, Public Affairs, Kentucky Chamber

8:55 a.m.
Opening Keynote
TBA

9:45 a.m.     
Air Quality Update            
Michael Kennedy, PE, Director, Division for Air Quality, Kentucky Department for Environmental Protection
In the ever-changing regulatory world of air quality, it is important to keep up to date with the latest status at the federal and state level. Join us for the latest in regulatory and litigation changes that impact your business operations.

10:30 a.m.     
Chevron Overruled: What the Supreme Court's Decision Means for Environmental Rules 
Jennifer Cave, Esq., Attorney, Stites & Harbison, PLLC     
On June 28, 2024, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overturned the 40-year-old Chevron doctrine, which required courts to defer to EPA's reasonable interpretations of ambiguous statutes. In the months since Chevron's fall, a clearer picture has emerged of what a post-Loper Bright administrative state may look like for federal (and state) environmental law. This presentation will discuss these cases and how it will impact environmental law and compliance for decades to come.

11:30 a.m.     
Lunch with Sponsors

12:30 p.m.    
The PFAS Puzzle: A Practical Guide to New PFAS Reporting Requirements
Bradley Strait, Managing Associate, Dentons 
The U.S. EPA has made PFAS reporting a priority through its new rules and regulations. Whether it’s designating PFOA and PFOS as hazardous substances under CERCLA or requiring a one-time reporting requirement for "manufacturers (including importers) of PFAS" under TSCA, piecing together the new PFAS reporting requirements can feel like a puzzle. For example, what are the requirements for identifying PFAS in your supply chain? What level of due diligence is a company required to take to confirm whether it imports PFAS-containing articles? Will requirements and rules regarding PFAS change with a new presidential administration? This session is intended to be a practical guide for EHS professionals in their assessment of PFAS and its impact on their operations.

1:15 p.m.     
Waste Minimization Solutions: Regulatory Ins and Outs of Hazardous Secondary Materials and Generator Treatment On-Site 
Monica Murphy, E.I.T., Project Engineer, Shield Environmental Associates, Inc. 
Come learn about waste minimization strategies and the related regulatory requirements! We will discuss the differences between hazardous waste, solid waste, and hazardous secondary material, the RCRA definition of 'treatment', and provide examples of reclamation of hazardous secondary materials. We will discuss the ways that Generators can legally treat hazardous waste on-site without a permit and common pitfalls with implementation and reporting. 

2:15 p.m.    
Water Regulation Update
Clay Larkin, Partner, Dentons 
This presentation will provide an update on major state and federal developments regarding water. It will include a discussion of the ongoing implementation issues surrounding the scope of “waters of the United States” following the Supreme Court’s Sackett decision, address other critical Clean Water Act judicial cases, and discuss changes to Kentucky’s general KPDES permits and other regulations.

3:00 p.m.    
Desktop Environmental Reviews for Projects Utilizing Location Intelligence Software - Pivvot
Ben Browning, Staff Scientist, Terracon Consultants 
Terracon's presentation will provide an overview on how the location intelligence software, Pivvot (proprietary to Terracon), is being used to perform desktop environmental reviews to streamline siting and permitting needs within the Digital Infrastructure, Renewable Energy and Commercial, projects. Terracon will demonstrate how Pivvot expedites the environmental and historic preservation review process for policies such as the National Environmental Policy Act (NEPA), Section 106 of the National Historic Preservation Act (NHPA), Section 7 of the Endangered Species Act, and Section 404 of the Clean Water Act, predicting the permitting complexity of a project using hundreds of state and federal databases. Utilizing Pivvot, environmental and historic resources can be identified and impacts potentially avoided or minimized to reduce permitting load and simplify the environmental compliance process for stakeholders. Terracon will discuss how location intelligence improves project implementation by informing stakeholders where additional information will need to be collected on site and how a project may be optimized to streamline permit requirements.

3:45 p.m.     
All-Electric Catalytic Regenerative and Regenerative Catalytic Oxidizer Technology 
James Nester, CEO, NESTEC, Inc.  (INVITED)
NESTEC has developed through R&D efforts a new sustainable technology for controlling VOC and HAP emissions. The all-electric design is novel and utilizes multiple patents awarded to NESTEC. This technology dramatically decreases secondary emissions and energy consumption associated with traditional thermal oxidation technologies. Our presentation will show the benefits of this technology and how industry can benefit from lower operating costs and emissions.

4:30 p.m. 
Day One Adjourns 

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

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

Opening Keynote
TBA

9:15 a.m.
Notice of Violation, Now What?
Nicole Galavotti, PE, Principal/Sr. Environmental Engineer, Shield Environmental Associates, Inc.
You've already been through the inspection and now the Notice of Violation has been issued. What does it mean and what are you required to do? Is there a fine, should we call the environmental attorney? With more inspections being performed with a much more fully staffed DEP, NOVs seem more prevalent. We will walk through the process of how and what to do post-issuance of the NOV to meet your regulatory obligation. Whether a TSS exceedance, leaking outdoor containers of used oil, or thermal oxidizer malfunction, we will discuss the response process and the appropriate determination of corrective actions to hopefully prevent a visit to the Division of Enforcement. If DOE is also involved, what additional requirements will you have and what does that process look like?

10:15 a.m.     
Once In, Always In: What You Need to Know About the Latest Rule Updates! 
Bethany Boehl, Senior Consultant, Trinity Consultants 
This presentation will discuss the revised "Once In Always In" policy effective after September 10, 2024. These updates to the “Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act” (also known as the MM2A Rule) require sources subject to certain major source National Emission Standards for Hazardous Air Pollutants (NESHAP) for seven (7) persistent and bioaccumulative HAPs must remain subject to the major source NESHAP even if the sources reclassify to area source status.

After September 10, 2024, sources subject to the following 40 CFR Part 63 Subparts must remain subject to these regulations and any modifications, even if they become area sources by reducing emissions below major source thresholds. The relevant subparts include: F, G, H, I, L, R, X, CC, GG, II, JJ, KK, LL, MM, EEE, HHH, JJJ, LLL, RRR, UUU, FFFF, JJJJ, MMMM, PPPP, ZZZZ, CCCCC, DDDDD, FFFFF, IIIII, LLLLL, YYYYY, JJJJJJ, and EEEEEEE. The seven (7) targeted HAPs are: alkylated lead compounds, polycyclic organic matter, hexachlorobenzene, mercury, polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzofurans and 2,3,7,8-tetrachlorodibenzo-p-dioxin.

This presentation will also provide a brief update on the rapidly evolving federal regulatory landscape, summarizing the most recent and significant regulatory changes.

11:00 a.m.
What You Don’t Know CAN Hurt You: Environmental Laws to Put on Your Radar
Ricardo Federico, PG, CHMM, CMQ/OE, Associate Principal, EnSafe Inc.
Joye Beth Spinks, Attorney, English, Lucas, Priest & Owsley, LLP
Keeping up with the laws and regulations that affect your company or your clients can be a full-time job. With the volume of local, state and federal statutes and regulations to comply with, it can be easy to miss or misinterpret a requirement. And unfortunately, lack of knowledge of a requirement is rarely going to affect liability or enforcement. This session will review some of the often overlooked or misunderstand areas of environmental compliance under laws like:

• Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
• Clean Air Act Risk Management Program (RMP)
• Resource, Conservation, and Recovery Act (RCRA) e-Manifest Program Reporting

This session will also discuss current federal compliance initiatives and how enforcement priorities may shift under the Trump administration.

11:45 a.m.     
Lunch with Sponsors  

12:45 p.m.     
Meet with the Regulators 
Tony Hatton, Commissioner, Kentucky Department for Environmental Protection 
Jarrod Bell, Director, Division of Enforcement and Compliance Assistance, Kentucky Department for Environmental Protection 
Sarah Gaddis, P.G., Director, Division of Water, Kentucky Department for Environmental Protection    
John Lyons, Deputy Secretary, Kentucky Energy and Environment Cabinet     
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
Moderated by: Clay Larkin, Partner, Dentons 
This panel session will consist of the Kentucky Department for Environmental Protection (DEP) Deputy Secretary, Commissioner and the Division Directors for Air, Water, Waste, and Enforcement and Compliance Assistance. Among the topics to be discussed include updates on the 2025 legislative session, state regulatory Initiatives, and environmental priorities of Governor Beshear and potential impacts of the Trump Administration.

2:30 p.m.     
Is Nuclear Power the Answer? 
Ken Gish, Member, Stites & Harbison, PLLC 
Kenya Stump, Executive Director, Office of Energy 
Recently, large tech and data center companies have explored nuclear power as a solution for their increasing demand for power. Is nuclear power the solution? This presentation will (1) provide basic overview of nuclear power technology; (2) recent developments in nuclear power technologies (including advancements in small modular reactors); (3) challenges posed by nuclear power technologies; and (4) opportunities provided by nuclear power technologies.

3:30 p.m.    
Green Blueprints: Sustainability, Climate Action, and Emission Reduction Plans 
Abby Terry, Environmental Engineer/Project Manager, Tetra Tech 
In the dynamic landscape of sustainability and climate change, it is easy to become overwhelmed when thinking about the various plans and strategies that your company can pursue. A sustainability plan and a climate action plan both aim to address environmental issues, but they differ in scope and focus. A sustainability plan has a broad scope and should address a wide range of material issues that include environmental, social, and economic goals. It takes a holistic approach, focusing on long-term strategies to ensure resources are used responsibly and equitably, and includes initiatives on waste reduction, water conservation, energy efficiency, and social equity. On the other hand, a climate action plan has a specific focus on actions aimed at mitigating and adapting to climate change. It includes measures to reduce greenhouse gas emissions, enhance climate resilience, and adapt infrastructure to climate impacts, often incorporating both short-term and long-term strategies to address climate vulnerabilities. An emissions reduction plan takes a climate action plan one step further and prioritizes specific projects needed to achieve emissions reduction targets set by a climate action plan. All three plans are complementary and often work together to ensure comprehensive and effective climate action.
                                
4:15 p.m.     
23rd Annual Kentucky Environmental Conference Adjourns