Biographical Information Adam Ward, Vice President Environmental - - PDF document

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Wednesda dnesday, July 19, 20 July 19, 2017 1 p.m. t 1 p.m. to 2:30 p.m. 2:30 p.m.

Biographical Information

Adam Ward, Vice President Environmental Affairs, Sustainability and Energy Policy American Municipal Power, Inc., 1111 Schrock Rd. Ste. 100, Columbus, OH 43229- 614.540.0946 award@amppartners.org Adam has over 21 years of combined experience both as a regulator and as a regulated entity. He currently directs the Environmental Affairs program and Sustainability efforts at American Municipal Power, Inc. His responsibilities encompass maintaining compliance with state and federal requirements, policy development and implementation, and regulatory filings. Sustainability efforts include a green power purchasing program, REC certification for AMP hydro resources and distributed energy resource assistance. Previously, Adam’s career at Ohio EPA included various positions within the Air Pollution Control program and central Ohio region managing compliance, enforcement, permitting, and state implementation planning programs. In addition, he has participated in countless Agency improvement efforts with an emphasizing efficiency, transparency and implementing practical solutions. Ward holds a bachelor’s degree in environmental health from Bowling Green State University; a master’s degree in environmental, safety and emergency management from the University of Findlay; and is a Certified Public Manager through the Ohio State University John Glenn School

• f Public Affairs.

Todd Scarborough, Senior HES Professional, Marathon Pipe Line LLC 539 S. Main St., Findlay, OH 45840 614-507-9394 tscarborough@marathonpetroleum.com

• Mr. Scarborough has 26 years of experience in the air pollution regulatory field. He is now

using his knowledge and experience to lead all air permitting and compliance efforts at Marathon Pipe Line LLC in Findlay Ohio. Recently, Marathon Petroleum Corporation conducted an internal stakeholder’s survey and credited Mr. Scarborough with “moving Marathon Pipe Line’s air permitting and compliance program forward by light years.” Previously he worked as an Environmental Specialist 3 (Senior Environmental Specialist) with Ohio EPA’s Central District

• Office. His routine district office responsibilities included extensive interaction with various

internal and external stakeholders while completing the review of air permit applications, drafting

• f air permits, performance of compliance inspections, witnessing of emissions testing and

initiation and resolution of enforcement actions. For the past decade, Mr. Scarborough has lead and completed complex permitting assignments, significant civil litigation, and criminal enforcement action. While at Ohio EPA, Mr. Scarborough was actively engaged and held leadership positions in Ohio EPA’s efforts to improve overall quality and efficiency of its processes and work environment. These efforts include DAPC’s Permitting and Enforcement Steering Committee, DEAL Review Committee and multiple Permitting Processing Efficiency Committee projects.

• Mr. Scarborough is a graduate of The Ohio State University (B.A. Physics).

Air Permitting and Compliance – Priceless Insights on Navigating the Regulatory Process and Current Challenges

Adam Ward – VP Environmental Affairs, Sustainability and Energy Policy

Topics

• Context
• Big Picture Activity
• Looking to the Future
• Applications & Permits
• Compliance & Enforcement

About AMP and Our Members

• AMP is the wholesale power supplier and services

provider for 135 member municipal electric systems in 9 states

• AMP members are units of local government, they

are municipally owned and governed

• Our members serve more than 650,000 customers
• 2016 system peak: 3,402 MW
• Total assets of more than $6.7 billion
• Since 2000, all AMP construction project financing

and entity ratings have been in the “A” category

AMP Member Footprint

This presentation contains business confidential information

Regulator to Regulated: Common Questions

How was your transition to the private sector? What’s different about your job now? What was/is it like on the other side?

This presentation contains business confidential information

Federal Activity

• New Administration is taking a 180

degree turn on many issues

• Executive Orders

– Permit Streamlining Action Plan – Evaluation of existing regulations

• Clean Power Plan
• Ozone

Climate Related Activity

• Regional Transmission Organizations

(RTO) PJM in this region

• Companies

– RE100, Sustainability Goals

• States and Cities
• Carbon Tax

This presentation contains business confidential information

Looking to the future

• New perspective on regulatory burden is

refreshing, but…

• Cooperative Federalism = more unfunded

mandates?

• As funding is cut (either state or fed),

difficult decisions will need to be made

– Ohio EPA is currently under excellent leadership and direction – Be available to provide assistance and feedback

This presentation contains business confidential information

Working with Agencies

• Balance is critical
• Many regulations can be

– Subject to interpretation – Unnecessarily burdensome – Complicated or confusing

• Fair interpretation by regulatory

agencies is critical

This presentation contains business confidential information

Application

• Notify Agency of deadlines

– (Be realistic, if the permit is a renewal, or not relevant,

don’t rush it)

• Compile a good application – cutting corners
• nly slows the process
• Assignment of application
• Schedule periodic calls with the permit

staffer; i.e. weekly, bi-weekly

• Answer questions honestly and

straightforward

This presentation contains business confidential information

Issued Permit

• Most permits are not cookie cutter
• Be aware of Voluntary Limits
• Terms and Conditions (pre-issued

permit)

• Seek legal advice if any questions arise

during application or permit review

This presentation contains business confidential information

Compliance

• Recognize that you are a “bean”
• Be prepared
• Does the inspector know your

process?

• Follow the permit and applicable rules
• Courtesy, honesty and straightforward

answers

• Follow up with records if not available

Enforcement

• Direction is dictated by leadership and

USEPA

• Ohio EPA needs to follow USEPA

policies and justify when they veer away from protocols

• State, Federal and Attorney General are

different organizations and measure success differently

Balance

• State Agencies need to operate in a

functional and realistic manner

– Balance strict adherence to regulations and policies, with practical implementation

• Job is not easy and discretionary

judgement does happen

• Not getting a balanced/fair shake?

…then speak up

• Be polite, persistent and organized

Questions?

Adam Ward (c) 614.325.4662 (o) 614.540.0946 award@amppartners.org

Air Permitting and Compliance – Priceless Insights on Navigating the Regulatory Process and Current Challenges

2017 MEC Conference

Todd Scarborough MPL Air Subject Matter Expert

Overall Goals and Objectives

Share perspectives from two holistic experiences Provide straightforward and simple guidance Describe real-world examples scaling the summit Focus on positive experiences Empower through sharing sound strategies

17

What is the Regulatory Role?

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Understanding perspective

Review permit applications Issue permits Provide compliance assistance

–USEPA vs. States

Review routine facility reports Perform inspections and attend stack tests Execute enforcement should a facility fail to comply

Permitting Drives Compliance

19

Why is the permit so important?

Identifies requirements Identifies applicable rules Defines compliance strategy Focus of compliance efforts

Pitfalls to Avoid/Common Misconceptions

20

The three U’s …../Unlawful/Unreasonable/Unnecessary

Title V PTE vs. NSR PTE Changing limits in a Title V permit Conflicting limits Evolving BAT Applicable rules New requirements

Permit Applications/Review Process

21

The critical process

Permittee certainly has a say in what the permit says – within reason Permitting process involvement is key Many opportunities are provided for input

–Propose terms and conditions –Request review of pre-draft versions –Administrative permit modifications – great for refining permit terms –Appeal rights

Report Review Process

22

The most often-missed opportunity

Reports are reviewed in accordance with permit requirements

–Research “example” reporting templates for Title V, synthetic minor and non-Title V facilities –Send draft reports for review to regulators? –Most regulators will provide advice –Relationship building

Simple Reporting Guidance

23

Key concepts

Reporting format:

–Clearly and concisely satisfy permit requirements

• Reports are not the place to provide voluminous
• perating records

Most common errors:

–“no deviations" is not listed properly for all sections of permit –Emission units specific reporting cannot always be covered by “no deviations”

Routine Inspection Process

24

Your day to shine

States schedule facility inspections Prioritized by USEPA agreement

–Title V, MACT, NESHAPs –FEPTIO, Synthetic Minor –State PTIO

Encourage a relationship with inspector so they announce

–Most productive use of everyone’s time

Routine Inspection Process

25

Full Compliance Evaluation – why announce?

–Make records available –Monitoring personnel available –Key emission units in operation –Key control equipment operating –The goal is to demonstrate visually your compliance program

Routine Inspection Findings

26

Compliance is attained and maintained through….

–Highly trained operations and monitoring personnel –Organized compliance processes –Routine record review and follow up –Compliance calendars/reminders –Attention to detail

• Constant permitting and rule updates

Stack Testing Findings

27

A challenging process

Compliance is attained and maintained through…. –Planning well in advance for success –Selection of the right testing firm for the job –High level of communication between all parties involved

• Operations, testing firm, compliance

personnel, Ohio EPA, etc. –Organized and thorough stack test report

Real World #1- LDAR Removal

28

Be aware of “catch all” mechanisms in any State SIP- example BAT in Ohio “State only BACT” in Texas LDAR required for years and several permit renewal cycles

LDAR Removal – Cont.

29

LDAR required for only 4 source categories In Permit due to State-only BACT State-only BACT doesn’t apply to less than 10 tons per year LDAR removed $$$$ Saved

Real World #2- Getting to the Front of the Line

30

Relationships drive success

Backlogs can be common

–Reduced staff –Program founders are now retiring –High turnover –New staff

You win with people You win BIG with the right people Expedited permitting process

Real World # 3- “Inspectors A through Z”

31

Change is a constant

The system matters Total transparency Questions answered directly “100% compliance” Trends?

Real World #4- Need a Permit?

32

First things first; Fundamentals form the foundation

Almost every state has a guidance document now regarding air permitting Look for exemptions first Follow the leader? Review rules w/out assumptions

Real World # 5- Permitting on Fast Track

33

Find the awesome people coast to coast!

Kudos to CDO New install/modification PTIOs less than 25 days Methodology behind success 10yr problems solved Great staff exist

Wrap up

34

Relationship-centric approach drives winning with people!

Compliance is maintained through… COMMUNICATION

–Permits – active involvement monitoring processes – clear/simple –Record keeping – strive to remove fluff and complexity –Reporting – complete and accurate –Testing – plan well

Results will speak for themselves!!!

Questions?

35

Todd Scarborough (419)429-9511