Registration – Continental Breakfast, Exhibits Open
Welcome and Environmental Update
–Kevin Sunday, Director of Government Affairs, Pennsylvania Chamber of Business and Industry
- A brief update of pending environmental issues to help attendees plan for upcoming changes that may occur in 2020.
The Challenges and Ambiguities of Environmental Law under the State Constitution
–David Overstreet, Partner, Overstreet & Nestor, LLC
–Christopher Nestor, Partner, Overstreet & Nestor, LLC
- The state constitution was amended in 1971 to include a section on Environmental Rights, that “the people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.” Recently, several state Supreme Court decisions interpreting this amendment have upended decades-long norms in how environmental and economic considerations are balanced. Cases related to zoning may have broad implications to hamper a variety of economic development settings, including residential housing projects, road construction, energy transmission and power plants. The speaker will present:
- A brief review of the Environmental Rights Amendment and the current state of play statewide
- How DEP, state agencies and local governments are reacting to court decisions and pressure from environmental groups
- A review of recent court cases, details of the decisions and how those are affecting businesses
- Best practices your company should follow for dealing with the challenges and ambiguities of the Environmental Rights Amendment
Refreshment Break – Exhibits Open
Required Permits for Businesses to Stop the Invasive Spotted Lanternfly
–Dana Rhodes, State Plant Regulatory Official, Pennsylvania Department of Agriculture
- Unique to central and southeastern Pennsylvania, businesses that move vehicles, equipment, and goods in and out of the quarantined counties must have a permit from the PA Dept. of Agriculture. The permit certifies that businesses are complying with regulations to prevent the spread of the Spotted Lanternfly. Likely arriving with goods that originated in the insect’s native range in Asia, the invasive pest has the potential to cause widespread devastation to the state’s grape, tree-fruit, hardwood and nursery industries. The speaker will provide:
- An update on the spotted lanternfly, why it is causing problems in parts of Pennsylvania and what is considered the quarantine zone
- How businesses located in the quarantine zone obtain the permit to provide evidence that they have completed training
- Elements of the training program businesses must complete before they can move vehicles, equipment and goods within and out of the quarantine zone
- How the State Police are involved and are partnering with the PA Dept. of Agriculture
- Best practices for compliance and stopping the movement of the invasive species
Residual Waste and the Management of Fill Policy
–Michael Meloy, Partner, Manko Gold Katcher & Fox LLP
- Pennsylvania DEP is in the process of updating the Fill Policy which will more closely harmonize with site cleanup requirements, and should be finalized over the summer of 2019. The speaker will provide:
- An update on what determines if fill is clean or regulated (and then classified as waste)
- Testing requirements
- The parts of the Fill Policy that have changed because of this newest update and how businesses should comply moving forward
- Best management practices for compliance with the revised policy
- Other considerations under the Residual Waste Law that businesses must understand to maintain compliance
Lunch – Exhibits Open
Permitting for Aboveground Storage Tanks
–Wendy Merz, Principal Consultant, Trinity Consultants
- Aboveground Storage Tanks (AST) may require a simple registration, or a Site-Specific Installation Permit and possibly an Air Permit. We will provide an overview of the requirements for each and a pathway to compliance:
- Pennsylvania AST Registration Process and Site-Specific Installation Permits
- The types of ASTs that require registration or Site-Specific Installation Permits
- How long the registration process or the SSIP application review process takes
- The details and specifications that need to be include in the registration or in the SSIP
- Air Permitting Requirements
- How to calculate tank emissions
- Recent changes in U.S. EPA’s evaporative loss calculations and potential impact to historical and future tank permitting projects
- Importance of making accurate emissions estimates for reporting and permitting.
- Determining HAP emissions from storage vessels
- When an air permit is needed, and if so, what type of permit is needed
- Review of potential construction permitting paths: exemptions, RFD, General Permit, Plan Approval
||Refreshment Break – Exhibits Open
Industrial Stormwater General Permit Compliance
–Gary Brown, President, RT Environmental Services Inc.
- Two years ago, the industrial stormwater general permit (PAG-03) went through a number of changes that continue to cause confusion for companies. These changes need to be incorporated by permit holders in order to have permits renewed. We will cover some of the most significant changes with practical suggestions on how companies should comply, including:
- A description of what facilities that are part of the NPDES PAG-03 community should do concerning such items as whether they need to cover all open topped waste dumpsters.
- Visual inspections are required quarterly, instead of annually. Submission of an annual report, with $500 fee, by May 1 of every year, is also required.
- The annual report must also document an annual review of the PPC plan. The PPC Plan must be included with each NOI submission.
- SARA title III facilities no longer need to have their PPC plan recertified annually by a PE.
- The permittee must provide for an accessible location to collect stormwater samples.
- Benchmark values for certain pollutants are established. While these aren’t discharge limits, if you exceed them and don’t take corrective measures, this “would generally be considered a violation” per DEP. Pollutants with benchmark values include TSS, COD, TDS, BOD5, O&G and pH.
- A corrective action plan must be submitted if benchmark levels are exceeded in two consecutive monitoring periods.
- The number of pollutants to be monitored has been reduced in most cases; however, for some facilities monitoring frequency will increase from annually to semiannually.
- No Exposure Certifications: 1) A NOI has to be submitted for new and reissued No Exposure Certification applications; 2) the PPC Plan has to be submitted with NEC applications; 3) there is a $500 filing fee for NEC applications, and 4) at least one grab sample must be collected and analyzed for NEC applications.