Greenhouse Gas Regulation and Reporting Workshop

Greenhouse Gas Regulation and Reporting Workshop
Air & Waste Management Association Upper Midwest Section (AWMA UMS)

Date: August 20, 2013
Time: 12:00 - 4:30pm

Cost: $40 Members, $75 non-Members

Location: American Engineering & Testing
Training Room
550 Cleveland Avenue North
St. Paul, MN 55144
(To help with parking, carpooling is encouraged!)


12:00-12:10:  Welcome & Introduction, Kathryn Anderson, Principal Wenck Associates Inc. AWMA UMS Vice Chair

12:10-12:30:  EPA’s GHG Reporting Rule – An Industry Perspective, Greg Archer Great River Energy Environmental Administrator

12:30-12:50: GHG Biogenic CO2 Exclusion, Mike Westereng, Environmental Engineer Wenck Associates Inc.

12:50-1:30:  MRR Chemical Sector Reporting and Confidential Business Information, Dana M. Schnobrich, Senior Env Specialist 3M Materials Resource Division

1:30-2:10:  Greenhouse Gas policy, rules, laws – A Look Ahead, Bill Hefner, Partner Environmental Law Group, Ltd.

2:10-2:25:  Networking Break

2:25-3:05:  Legal Status of GHG Regulations, Todd Palmer, Michael Best & Friedrich LLP Partner

3:05-3:45: GHG and Sustainability Reporting & Verification: Not Business as Usual, John Fillo, Trinity Consultants Principal, EH&S Information Management Solutions

3:45-4:25: GHG PSD permits in Minnesota, Richard Cordes, P.E., Minnesota Pollution Control Agency Staff Engineer, Air Permits Section Industrial Division

4:25-4:30:  Close & Workshop Evaluations, Christine Kurtz, Managing Consultant Trinity Consultants AWMA UMS Communications Chair


Speaker Bios and Presentation Abstracts

Greg Archer is currently an environmental administrator with Great River Energy. He is responsible for air compliance of 8 peaking turbine plants, in Minnesota as well as a baseload coal fire unit in North Dakota. In addition to these primary responsibilities, he coordinates ISO 14001 environmental management systems (EMS) for these plants. He is a former AWMA UMS Board Member and a former Board Chair. He holds a BA in Economics from Colorado College and an MBA in Strategic Management from the University of Minnesota. He has been an active professional in the environmental field for over 20 years.

EPA’s GHG Reporting Rule – An Industry Perspective. This presentation will review Great River Energy’s efforts to identify applicable sources and to define reporting obligations under EPA’s GHG Reporting Rule. It will highlight Great River Energy’s GHG monitoring plan, as a key document to capture EPA’s GHG requirements. It will then summarize tracking efforts to capture the appropriate data, and to calculate emissions using current emission factors. Finally, it will offer ‘lessons learned’ with respect to electronic reporting.


Mike Westereng is an environmental engineer at Wenck Associates, Inc. He has eight years of experience in environmental permitting and compliance. His specialties include: air permit applications, regulatory review, compliance reporting, TRI reporting, and SPCC Plans.

GHG Biogenic CO2 Exclusion.  The US EPA has deferred the inclusion of biogenic CO2 toward Title V and PSD permitting thresholds. The presentation will look at potential options for regulating biogenic CO2 emissions once the deferral has ended in July 2014. Specific attention will be paid to a method developed by the EPA to “discount” CO2 emission based on the source carbon life cycle.


Dana Schnobrich has been employed as an environmental engineer at 3M for over 30 years. He is currently assigned to 3M's Materials Resource Division, which is an internal supplier of adhesives and other chemicals to other 3M business units. His responsibilities extend to into all areas (air, water, and waste) of environmental engineering and compliance.

MRR Chemical Sector Reporting and Confidential Business Information.  Review of technical and regulatory aspects of chemical sector reporting and concerns with protection of confidential business information.

William P. Hefner was a Minnesota Assistant Attorney General from 1995 to 1999. During that time, he advised and represented the Minnesota Pollution Control Agency in a variety of enforcement, regulatory compliance, permitting and rulemaking matters involving various federal and state environmental laws. Bill is a frequent lecturer on current environmental issues and is currently an adjunct professor of environmental law at Hamline Law School. He is a past Chair of the MSBA’s Environmental, Natural Resources and Energy Law Section, and was a member of the Section’s Governing Council from 2000-2009. Bill has been named both a Super Lawyer and a Rising Star by Minnesota Law and Politics magazine, is listed in the 2013 edition of Best Lawyers in America, and holds an "AV® Preeminent, 5.0/5.0" rating from Martindale-Hubbell, the highest possible rating.

Greenhouse Gas policy, rules, laws – A Look Ahead. Industry needs to be constantly thinking ahead about how policies and rules not yet promulgated may affect their compliance requirements in the future.  This presentation will provide a look forward to assist industry in the greenhouse gas and other climate change legislation that may affect them, including an overview of the President’s Climate Action Plan.


Todd Palmer is a partner in the Milwaukee office of Michael Best & Friedrich LLP, where he focuses his practice on environmental regulatory issues and litigation. Todd represents the Wisconsin Paper Council as well as many pulp and paper manufacturers. Todd has received the highest ranking from the International Legal Ranking Organization of Chambers & Partners. He has also been listed numerous times in The Best Lawyers in America, and as a Super Lawyer by Law & Politics magazine. In 2011, Todd was named Lawyer of the Year by Best Lawyers for Environmental Law.

Legal Status of GHG Regulations. EPA has promulgated a suite of rules to regulate greenhouse gas emissions from mobile and stationary sources. These regulations are critically intertwined and rely upon one another for purposes of giving EPA authority to impose PSD and other Clean Air Act obligations on sources of greenhouse gas emissions. All of these rules have been the subject of intense and multi-faceted legal challenges. This presentation will provide a background as to each of EPA’s GHG regulations, how each regulation fits into the EPA’s overall Clean Air Act regulatory strategy and an up-to-date synopsis of the status of litigation with respect to each rule.


John Fillo, PhD, CPEA is a Principal with Trinity Consultants and has over 30 years of international experience in the assessment, design and implementation of strategy and programs to improve enterprise risk management and business performance. His career has focused on climate change and sustainable development; EH&S permitting, compliance and risk management; environmental financial and managerial accounting; procurement contracting and sustainable acquisition; business process and performance improvement; and training program development and deployment. He has over 15 years experience in sustainability and GHG reporting and verification, and is a Lead Assessor in ANSI’s GHG Accreditation Program.

GHG and Sustainability Reporting & Verification: Not Business as Usual. Companies in the US and abroad are faced with complex EHS, GHG and sustainability reporting and disclosure requirements, to environmental regulators, securities commissions, shareholders and stakeholders. Such reporting can be mandatory, with voluntary reporting of GHG and sustainability information increasing. Furthermore, independent third-party verification of reported information and data can be required or voluntary, and is on the rise. These requirements are driven by existing and developing standards/guidelines, and necessitate diligence in maintaining consistency and transparency of reporting and disclosure. This presentation will discuss mandatory and voluntary venues for reporting and disclosure, as well as the role, process and value for performing independent verification.


Dick Cordes is an air quality permit engineer with more than twenty years of experience at the Minnesota Pollution Control Agency. He has written permits for a variety of Minnesota industries, including refineries and taconite facilities. In addition to permitting, he currently tracks changes to the Prevention of Significant Deterioration rules and policies for the MPCA and provides guidance on PSD issues. He holds Bachelor’s and Master’s degrees in chemical engineering.

Greenhouse gas PSD permits in Minnesota. The presentation will discuss the PSD permits issued by the MPCA for GHG major modifications, highlighting the BACT analyses. It will also review EPA’s guidance on GHG PSD permits including a discussion of specific comments received on the MPCA’s draft permits.