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

8:30 a.m.    
Welcome and Program Overview 
Robin Thomerson, Partner, Dentons

8:30 a.m.    
Energy and Environment Cabinet Update
Rebecca Goodman, Secretary,  Kentucky Energy and Environment Cabinet

9:30 a.m.    
Kentucky Air Quality Update
Robin Thomerson, Partner, Dentons 
Michael Kennedy, Director, Kentucky Division for Air Quality

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.

10:45 a.m.        
Know Your Obligations: A Survey of Environmental Permitting and Reporting Requirements
Blaine Early, Attorney, Stites & Harbison, PLLC 
Jennifer Cave, Attorney, Stites & Harbison, PLLC

This presentation identifies the major environmental compliance obligations required by federal and state laws related to air, water, waste, and chemical use. For each category the presenters will describe the applicable laws and regulations and typical requirements for permits and reporting. The session will be especially useful for those new to a position in Environmental Health and Safety and will also be a helpful reminder to experienced hands.    

11:45 a.m.
Lunch with Sponsors

12:45 p.m.    
Risk Management Program Updates – What Does It Mean for Your Facility? 
Scott Kirkpatrick, Technical Director, ALL4

In February 2024, EPA finalized the Safer Communities by Chemical Accident Prevention rule which revised the Risk Management Program (RMP). The amendments included changes and enhancements to accident prevention program requirements and increased public availability of chemical hazard information for RMP facilities. Program 2 and 3 hazard evaluations will now include evaluation of natural hazards, loss of power, and stationary source siting.  Enhancement of the prevention program provisions include the addition of inherently safer technologies or designs for certain industries, increased actions for facilities following RMP reportable accidents, and greater employee involvement. Enhancements to emergency response and coordination with local communities along with increased availability of RMP information to the public were also included in the revisions. There is a lot to digest and accomplish within the three-year
implementation period.    

1:45 p.m.        
PFAS, a Toxicological and Human Health Risk Perspective
Mark J. Klan, PhD, Consulting Toxicologist, ENRISQ, LLC

Concerns related to per/polyfluoroalkyl substances (PFAS) has increased dramatically since USEPA issued the "Health Support Document for Perfluorooctanoic (PFOA)" in 2016. This presentation will discuss the toxicology and epidemiology studies that have been used to define the toxicity of PFAS and raised the concerns related to exposures to PFAS. The presentation will also discuss the methodology used by the USEPA to develop the current risk-based screening value.
    
3:00 p.m.    
The Future Is Now: Immediate and Upcoming PFAS Requirements for Industries
Sarah P. Jarboe, Attorney, English Lucas Priest & Owsley, LLP 
Joye Beth Spinks, Attorney, English Lucas Priest & Owsley, LLP 
Christopher Rokicki, PhD, PE, Environmental Engineer, EnSafe Inc.

PFAS regulations have long loomed on the horizon, discussed for years in a speculative fashion as if they are worries for tomorrow. Tomorrow has arrived. This session will discuss three particular PFAS regulations currently in effect that pose immediate or forthcoming compliance requirements on a broad range of industries. We will begin by reviewing the latest regulatory and judicial developments related to the Toxic Substances Control Act (TSCA) 2020 Significant New Use Rule for long-chain PFAS and EPA's attempt to implement this rule in a manner that could pose huge regulatory hurdles for a great number of manufacturers and importers. From there, we will discuss the TSCA Section 8 billion Dollar Reporting Rule for industries that have manufactured (including imported) PFAS in any year since 2011, which is expected to impact a wide range of commercial sectors to the tune of one billion dollars in costs to industry. Finally, we will address how the National Primary Drinking Water Regulation (NPDWR) setting maximum contaminant levels for six PFAS in drinking water is likely to have downstream impacts on industrial users and provide strategies for preparing for those impacts.

4:00 p.m. 
Day One Adjourns

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

8:30 a.m.    
Legislative and Policy Overview 
Kate Shanks, Sr. Vice President, Public Affairs, Kentucky Chamber

8:45 a.m. 
Kentucky’s Brownfield Development Program – Working with Developers Over the Last 10 Years and Look What We Have Accomplished!
R. William (Bill) Johnston, PG, MBA, Principal Geologist, Linebach Funkhouser, Inc.

The first half of the presentation will provide a detailed description on how a potential purchaser can enroll an eligible site into the Kentucky Brownfield Redevelopment Program either prior to or following the purchase of the site. This presentation will explain how the process works and the benefits a buyer will receive from a regulatory standpoint. The second half of the presentation will provide cases studies (i.e. before/after) photographs for discussion of 7 to 8 sites that have successfully been enrolled in the Program showing the redevelopment transformation of each site and how they were a benefit to the buyer and the surrounding community.
  
10:00 a.m.        
Practical Approaches to Scope 3 GHG Emissions Quantification
Maren Seibold, Managing Consultant, Trinity Consultants 

Scope 3 emissions account for the highest proportion of total GHG emissions for many organizations. Addressing these emissions is becoming essential for companies that are seeking to meet sustainability goals, which are becoming increasingly important in the decision-making of investors and customers. This session will identify current and upcoming drivers for the quantification and disclosure of Scope 3 emissions, describe practical strategies and technical approaches for quantifying these emissions, and help companies develop best practices for managing these emissions.

11:00 a.m.            
Key Issues in Water Permitting
Bradley Strait, Managing Associate, Dentons 
Timothy Daniluk, Senior Consultant, Hydrogeologist, Environmental Resources Management (ERM)

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.    
Innovative Compliance Strategies for Revised PM2.5 NAAQS     
Brian Otten, Senior Consultant, Trinity Consultants

The revised PM2.5 National Ambient Air Quality Standards (NAAQS) demand innovative compliance approaches, especially in dynamic environments like Kentucky. This presentation offers an analysis of PM2.5 NAAQS compliance within the Commonwealth, examining regional trends and methodological advancements crucial for regulatory compliance demonstrations. Delving into the intricacies of PM2.5 dispersion modeling, the discussion emphasizes the criticality of ambient background selection for accurate assessment of air quality impacts. Through real-world examples and empirical data, attendees will gain insights into best practices for selecting ambient background concentrations tailored to Kentucky's unique air quality landscape. Furthermore, the presentation addresses the refinement of PM2.5 emissions reporting methodologies, essential for precise facility representation in modeling analyses. By elucidating the nuances of emission reporting, stakeholders can enhance the accuracy of their compliance assessments and ensure alignment with regulatory requirements. Attendees will leave equipped with practical strategies to navigate the evolving landscape of PM2.5 NAAQS compliance in Kentucky.

2:15 p.m.    
Meet with the Regulators 
Sarah Gaddis, P.G., Interim Director, Division of Water, 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                        
Amanda Lefevre, Deputy Commissioner, Kentucky Department for Environmental Protection 
Brian Osterman, Director, Division of Enforcement and Compliance Assistance, Kentucky Department for Environmental Protection 
Moderator: Robin Thomerson, Partner, Dentons

3:30 p.m.        
27th Kentucky Environmental Permitting and Reporting Conference Adjourns