Environmental Compliance and Permitting for Utilities

EnergyNewswatch

Environmental Compliance and Permitting for Utilities

Live Streaming Online May 17-18, 2023

An EUCI Program

If you are unable to attend at the scheduled date and time, we make recordings available to all registrants for three business days after the event

Understanding permitting issues is essential for a project’s success. Environmental concerns and local requirements can vary widely from project to project, with the potential to significantly de-rail both schedule and budget. It is important to invest time and resources to identify site-specific permits and their potential risks early on.

Through this comprehensive course, you’ll gain a full understanding of how to approach compliance through discussions about:

National Environmental Policy Act (NEPA)
Endangered Species Act (ESA)
Federal lands
State and local regulations
Clean Air Act
Stormwater and wastewater
Spill Prevention, Control, & Countermeasure (SPCC)
Hazardous waste

Learning Outcomes

Identify necessary environmental permits and the required and/or advisable field surveys
Review NEPA, T&E species, and ESA and how they all relate to construction permits
Review how to consult with agencies as necessary and how to obtain approval from respective agencies
Discuss details on Cultural Resources and Historic Properties, USACE approval, and Waters of the United States when it comes to construction permits
Master how to coordinate activities and how to plan for post construction close-out requirements
Grasp the importance of industrial stormwater, wastewater, and air permits at an operational standpoint
Recognize the ongoing environmental regulations on a federal, state, and local level

Agenda

WEDNESDAY, MAY 17, 2023

9:00 a.m. – 4:30 p.m. Central Time

Environmental Permits: Construction

National Environmental Policy Act (NEPA) Approval
- Overview of NEPA
- Understanding when NEPA applies and how NEPA can affect project timeline and risk
Threatened & Endangered (T&E) Species and the Endangered Species Act (ESA)
- Brief overview of ESA
- Identifying risk and authorization pathways
Federal Lands
- Brief overview of federal lands statutes
- Considerations when pursuing authorization for construction on federal lands
State Regulations (State Waters Programs; State Species Programs)
- Overview of considerations when considering state requirements
- Understanding how state requirements can impact project timelines and risk
- Examples
Local Regulations (Siting Permits; Zoning)
- Overview of considerations when considering local requirements
- Understanding how local requirements can impact project timelines and risk
- Examples
Cultural Resources and Historic Properties
- Overview of the National Historic Preservation Act and State Historical Preservation Offices
- Discussion of survey considerations and requirements for agency coordination
USACE Approval
- Brief history and overview of the Clean Water Act
Waters of the United States Overview (404)
- Overview of what activities need a 404 permit
- Overview of nationwide permits and individual permits
- Specific considerations when using nationwide permits
Stormwater
- NPDES & State Authority
- Applicability for construction and permitting process
- The Stormwater Pollution Prevention Plan (SWPPP)
Clean Air Act
- History and overview of the Clean Air Act
- Permit applicability
Emergency Management and SPCC Plans
- Storage and emergency response considerations
- SPCC Plan principles and design considerations

THURSDAY, MAY 18, 2023

9:00 a.m. – 12:00 p.m. Central Time

Environmental Permits: Operational

Industrial Stormwater Permits
- NPDES overview – authority and applicability
- Industrial stormwater – Multi Sector General Permit
- SWPPP and maintaining compliance
- How to maintain compliance with the Clean Water Act during facility operations
Industrial Wastewater Permits
- Overview of industrial wastewater permits
- How to maintain compliance with required permits
Air Permits and Regulations
- Continued overview of CAA permits
- Equipment that may require CAA permits
- Air Regulations that may be applicable
SPCC / Hazardous Waste Management
- Effective Hazardous Waste Management
- How to prepare to and comply with the SPCC plan
Ongoing Environmental Regulations (Federal, State, and Local)
- Regulatory assessment discussion
- Staying up to date on changing regulations

Instructor

Brooke Marcus, Partner, Nossaman

Brooke Marcus is a natural resources lawyer focused on powering the economy while maintaining compliance with environmental laws. She is go-to counsel for matters involving the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA).

Brooke counsels some of the nation’s largest electric generation and transmission companies; wind, solar, and storage energy companies; pipeline companies; real estate developers; governmental entities; species conservation bankers; investment companies; and mining companies. She works with them on policy-level and project-specific issues arising under ESA, BGEPA, MBTA, CWA, and NEPA. She currently assists in the development of dozens of Habitat Conservation Plans and BGEPA permits, as well as several other ESA, BGEPA and CWA compliance efforts. These efforts span across several industries (wind energy, solar energy, electric transmission and distribution, water infrastructure, and timber management) and occur within every region of the U.S. Fish and Wildlife Service. Brooke assists wind, solar, storage, pipeline, and transmission line project developers with federal, state, and local environmental and land use permitting strategies. Brooke also advises clients on policy-level issues related to the ESA, BGEPA, MBTA, and NEPA and often represents her clients in Washington D.C. on related policy issues.