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New State Laws impacting IDEM from the 2006 Legislative Session. HB1110Removal of Mercury Convenience Switches from End of Life Motor Vehicles.SB 234Improving the rulemaking process for wet weather discharges and authorizing the Environmental Stewardship Program.HB1117Simplifying the solid wast
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1. IDEM UpdateCentral Indiana Technical and Environmental Societies (CITES) April 17, 2007 Thomas W. Easterly, P.E., DEE, QEP Commissioner
IN Department of Environmental Management
2. New State Laws impacting IDEM from the 2006 Legislative Session HB1110—Removal of Mercury Convenience Switches from End of Life Motor Vehicles.
SB 234—Improving the rulemaking process for wet weather discharges and authorizing the Environmental Stewardship Program.
HB1117—Simplifying the solid waste statutes and eliminating the groundwater task force.
SB 146—Removing the Property Transfer Disclosure Form from Statute.
3. IDEM’s Environmental Goal Increase the personal income of all Hoosiers from the current $0.88/$1.00 of the national average to at least $1.00/$1.00 of the national average while maintaining and improving Indiana’s Environmental Quality.
6. How Will IDEM Help Increase Personal Income? Clear, consistent and speedy decisions
Clear regulations
Assistance first, enforcement second
Timely resolution of enforcement actions
Every regulated entity will have current valid permits without unnecessary requirements
Written Standard Operating Procedures
Improved staff training and development
7. Performance Metrics
8. Counties above AQ Standards January 10, 2005
Allen--Ozone
Boone--Ozone
Clark—PM & Ozone
Dubois--PM
Elkhart--Ozone
Hamilton--Ozone
Hancock--Ozone
Madison--Ozone
Marion—PM & Ozone
Shelby--Ozone
St. Joseph--Ozone January 1, 2007
Clark--PM
Marion--PM
9. Ozone Attainment Status
10. PM2.5 Attainment Status
11. PM 2.5 Status New 24 hour standard issued in September, 2006—Annual standard retained
Designations will initially be based upon 2004-2006 air quality, but the process will allow the use of data up to 2009
New nonattainment designations April 2010, SIPS due 2013
SIPS for current nonattainment areas due April, 2008—we may try redesignations
12. PM 2.5 Status Based upon monitored 2004-2006 Air Quality, the following locations exceed the new 35 microgram per cubic meter short term PM 2.5 Standard:
Jeffersonville (Clark County) 37
SW Purdue Ag Center (Knox County) 36
Gary IITRI (Lake County) 38
Gary Burr St. (Lake County) 38
Indianapolis S. West St. (Marion County) 38
Indianapolis English Ave (Marion County) 37
Indianapolis W 18th St. (Marion County) 37
13. Permitting IDEM is still meeting the statutory deadlines for permit issuance, as reported in past years IDEM now tracks the total calendar days a permit is in house and is applying a deadline to permits that traditionally do not have a statutory deadline; as a new interpretation to the intent of statutes
14. Total Permit Calendar Days
15. Air Permits for New Facilities New Toyota Production at Lafayette Subaru Facility
Louis Dreyfus Soy Biodiesel Plant—Largest in the US
A dozen new Ethanol Production Facilities with ten pending
Honda Greensburg NSR permit issued in 94 days
16. Percent of Activities Meeting Regulations
17. Office of Enforcement2002-2007
18. Major Regulatory Initiatives Regulations to facilitate the proper management of e-Scrap
Rulemaking to require the removal of mercury convenience switches from automobiles prior to crushing or shredding
Rulemaking to allow Performance Track (Indiana Environmental Stewardship Program)—Charter Members Announced in February 2007
19. Major Regulatory Initiatives Outdoor Wood Fueled Boilers—EQSC Report recommended waiting to proceed until EPA issues its model rule in January 2007
Utility NOx, SO2 and Mercury emission rules:
CAIR, which regulates NOx and SO2, was adopted by the Air Pollution Control Board in November.
CAMR, regulating mercury, was due to EPA on November 17, but Indiana does not have a Final Rule because there has been no resolution of issues between Utilities which favor the federal program and the Hoosier Environmental Council which favors a 90% reduction—APCB May 2, 2007
20. Major Regulatory Initiatives Rulemaking to establish presumptive 8-1-6 VOC BACT controls to streamline permitting:
Acid Scrubbers for foundry core making amines—Withdrawn at Request of INCMA
Compliance with certain NESHAPs--Continuing
Ethanol Plant BACT—Final Adoption 12/6/2006
Possible statewide regulations on the formulation of consumer products (i.e. air fresheners, deodorants, etc.) and paint products to ensure continued compliance with the Ozone standard and reduce our impact on neighboring States—First Notice Soon
Adjustments to the Title V fees to fully fund the program—Air Board Adoption 12/6/2006
21. IDEM Fees & Fund Balances Title V Example Significant Communication Challenge:
Auditor reports the “check book balance” for each fund on June 30
IDEM collects almost all of its Title V fees in the 2nd Quarter of each year.
IDEM’s June 30 fee balance is similar to a person’s check book balance right after depositing their paycheck
IDEM must pay all of its bills until the next pay day (next June 30) without overdrawing
22. IDEM Fees & Fund Balances Title V Example For the last five years (FY 02-FY 06), Title V fund expenditures have exceed revenues by $5,771,277, yet the June 30, 2006 check book balance was $10,039,779 which many people believe is a healthy fund balance.
This fund balance is insufficient to cover the estimated $10,587,184 in expenditures up to the date of receipt of new funds in the 2nd Quarter of 2007.
23. IDEM Fees & Fund Balances Title V Example The “payday checkbook balance” minus the expenditures before the next pay day gives the “minimum cash in the check book” which is projected to be negative by $547,405 during FY 06.
The actuarial fund balance (assets less contracted liabilities) is much worse because the fund has $6,131,187 in contractual obligations and its projected lowest net worth is actually a debt of $6,678,592.
24. 05-06 Available Cash by Month
25. 2007 Legislative Issues Budget—SB432
Federal Funds continuing to decrease
State General Funds fluctuate
Dedicated Funds: Except for Title V, fees collected for do not relate to program costs—some programs like Methamphetamine Clean-up and Mercury Switch Management completely unfunded (Recently adjusted Title V fees)
Consider Prohibiting the Commissioner from renewing a permit for a facility that was not constructed or has not operated for the past 5 years—SB205
26. IDEM Budget Comparisons (w/o ELTF) 2005-2007 $240,798,257 2007-2009 $206,249,350
27. IDEM Fees (Thousands)
28. Environmental Crimes Task Force SB286
Environmental Crimes Task Force Created by SEA 195 (2005) has been meeting since October, 2005.
Chaired by Senator Kenley then Rep Walorski
Developing more specific environmental criminal statutes.
29. 2007 Legislative Issues Streamlined Rulemaking when adopting Federal Requirements (including deadlines) without change SB154
Ask the 2007 EQSC to study Environmental Rulemaking Process SB154
Current Roles of Environmental Districts
Regional Water and Sewer Districts
Solid Waste Management Districts (Recycling) SB154
30. Questions? Tom Easterly
100 N. Senate Ave. IGCN 1301
Indianapolis, IN 46204
(317) 232-8611
Fax (317) 233-6647
teasterly@idem.in.gov