William Shane, P.E.


Can Kentucky Expedite Permits: An Introduction to Louisiana’s Program

William Shane, P.E.

The Division for Air Quality (DAQ) and Division of Water (DOW) issue air and water permits in Kentucky. When reviewing a permit application, each agency has a regulatory time frame (RTF) by which the agency must issue a final decision. The agency may issue (or deny) the permit prior to the deadline, or they may […]


Five Mile Policy Incorporated as Regulation by KY Division of Water

William Shane, P.E.

The Kentucky Division of Water (DOW) prohibits discharges from wastewater treatment plants (WWTPs) within 5 miles upstream from any public water supply intake. DOW also prohibits a public water supply from being located within 5 miles downstream of a WWTP discharge. These two analogous, yet independent, prohibitions were previously known as the Five Mile Policy. […]


Wastewater Discharges from Wine Industry

William Shane, P.E.

Although Kentucky is most famous for bourbon, the wine industry has a growing presence in the Commonwealth and is gaining recognition internationally – in fact, a Western Kentucky winery won Winemaker of the Year at a recent international wine competition. According to the Kentucky Department of Agriculture (KDA), there are currently 70 wineries in Kentucky […]


Highway Expansion Impact on Stormwater and Air Quality Not Fully Considered, Lawsuit Claims

William Shane, P.E.

Due to the increasing complexities of environmental programs, getting a permit, completing a study, or meeting a regulatory standard is not always quick or easy. Even once all the boxes have been checked, the permit has been issued, and approval has been granted, the challenges might just be getting started. Federal and state environmental programs […]


Changes Coming to KPDES Application Fees

William Shane, P.E.

The KPDES application filing fee, established by law in KRS 224.70-120, previously required the applicant to submit 20% of the individual permit fee with the application. The fees are identified in 401 KAR 5:310 Section 1 as:  Major Industry – $7,000 Minor Industry – $4,500 Non-Process Industry – $2,200 Large Non-POTW – $3,700 Intermediate Non-POTW […]


Dining Hall Food Waste Produces Electricity

William Shane, P.E.

A team of mechanical and civil engineering students at Virginia Tech University designed and built a system that uses food waste from a campus dining hall to generate methane gas. The methane gas is used to power a generator that produces nearly 5 kilowatts (kW) of electricity. 5 kW solar systems are the average size […]


Class I certified Wastewater Operator Exemption for Home Owners

William Shane, P.E.

One item in Smith Management Group’s March 21, 2017 Legislative Update caught my attention: Senate Bill 249, in which the Energy and Environment Cabinet proposed to eliminate the wastewater treatment certification requirement for home units. The bill passed both the House and the Senate and was signed by Governor Bevin on March 27, 2017. A […]


WOTUS Rule to Be Rescinded or Revised

William Shane, P.E.

The Clean Water Rule: Definition of “Waters of the United States” (WOTUS) was published in the Federal Register on June 29, 2015 and became effective on August 28, 2015.  According to the EPA, the rule was developed “to respond to an urgent need to improve and simplify the process for identifying waters that are and are not protected […]


Upcoming Change to NetDMR Reporting

William Shane, P.E.

NetDMR is a web-based application that allows KPDES permittees to enter and electronically submit Discharge Monitoring Report (DMR) data to the USEPA. Although NetDMR is operated by the USEPA, it wasn’t originally developed for federal use. NetDMR was initially designed by states and, in 2009, adapted by EPA for national use. Starting in January 2014, […]


MEK to Be Removed from Kentucky List of Hazardous Air Pollutants

William Shane, P.E.

On November 14, 2016, the Division for Air Quality (DAQ) filed an amendment to administrative regulation 401 KAR 63:060. This regulation establishes the list of hazardous air pollutants (HAPs) and source categories consistent with Section 112 of the Clean Air Act (CAA). One important change included in the amendment is the removal of Methyl Ethyl […]