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Environmental Quality Service Council IDEM Report – August 27, 2008

Environmental Quality Service Council IDEM Report – August 27, 2008. Thomas W. Easterly, P.E., DEE, QEP Commissioner, Indiana Department of Environmental Management. We Protect Hoosiers and Our Environment. Mission and Environmental Goal.

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Environmental Quality Service Council IDEM Report – August 27, 2008

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  1. Environmental Quality Service CouncilIDEM Report – August 27, 2008 Thomas W. Easterly, P.E., DEE, QEP Commissioner, Indiana Department of Environmental Management

  2. We Protect Hoosiers and Our Environment Mission and Environmental Goal IDEM’s mission is to implement federal and state regulations to protect human health and the environment while allowing the environmentally sound operations of industrial, agricultural, commercial and government activities vital to a prosperous economy. IDEM’s goal is to increase the personal income of all Hoosiers to the national average while maintaining and improving Indiana’s environmental quality.

  3. We Protect Hoosiers and Our Environment How is IDEM Protecting Hoosiers and Our Environment? Clear, consistent and speedy decisions • Clear regulations • Assistance first, enforcement second • Timely resolution of enforcement actions • Current, valid permits for every regulated entity without unnecessary requirements • Written Standard Operating Procedures • Improved staff training and development

  4. We Protect Hoosiers and Our Environment Performance Metrics June 2005

  5. We Protect Hoosiers and Our Environment Performance Metrics June 2008

  6. We Protect Hoosiers and Our Environment New Drinking Water Metric • Percent of Hoosiers Drinking Safe Water • Percentage of Indiana population that receives drinking water from facilities that are in full compliance with safe drinking water regulations • Federal (EPA) Goal is 90%

  7. We Protect Hoosiers and Our Environment Total Permit Calendar Days

  8. We Protect Hoosiers and Our Environment Air Permitting Rapid Improvement Activities • Significant Source Modification Lean Event – October 2007 • Permit Renewal Process Lean Event –December 2007 • Teams consisted of internal and external stakeholders

  9. We Protect Hoosiers and Our Environment Significant Source Modification Results Status (avg) : 2/1/08 170 days / 4/1/08 154 days / 6/1/08 124 days

  10. We Protect Hoosiers and Our Environment Air Permit Renewals Process Improvement • Goal: eliminate backlog in 2008 (156 permits administratively extended) • Backlog reduced to 51 = 67% (7-31-08) • Permit renewals now consistently issued prior to expiration

  11. We Protect Hoosiers and Our Environment Attainment Status PM 2.5 Ozone

  12. We Protect Hoosiers and Our Environment Revisions to NAAQS for Ozone • March 12, 2008 U.S. EPA published revision to 8-hour Ozone Standard • Air Quality Index (AQI) also revised to reflect change in health standard • Old Standard 0.08 ppm, effectively 0.084 due to rounding conventions • New Standard 0.075 ppm

  13. We Protect Hoosiers and Our Environment New Ozone Standard at 0.075 ppm Designations will likely be made in 2010 based on 2007-2009 data

  14. We Protect Hoosiers and Our Environment PM 2.5 Status • New 35 microgram per cubic meter 24 hour standard issued in September 2006—annual standard retained • Preliminary designations were based on 2005-2007 air quality, but process will allow use of 2008 monitoring data • New nonattainment designations will likely be made April 2009, SIPS due 2012 • SIPS for current nonattainment areas were submitted in 2008—two redesignation petitions submitted (SW Indiana, NW Indiana)

  15. We Protect Hoosiers and Our Environment Indiana final recommendations for 24-hour PM 2.5 nonattainment areas Designations will likely be effective in April 2009

  16. We Protect Hoosiers and Our Environment EPA preliminary recommendations for 24-hour PM 2.5 nonattainment areas

  17. We Protect Hoosiers and Our Environment US Courts Overturning Rules • 2006—Industrial, Commercial and Institutional (ICI) Boiler MACT—directly impacted about 10 sources with coal fired boilers • May 2008—Clean Air Mercury Rule (CAMR) impacted all power plants • July 2008—Clean Air Interstate Rule (CAIR) impacted all power plants and most Indiana air pollution strategies

  18. We Protect Hoosiers and Our Environment BP Air Permit • 38 day public comment period, 342 written comments received • Public meeting and hearing – 1,200 attended, 44 commented • Construction permit issued May 1 and operation permit issued June 16 • Multiple appeals of these permit decisions to OEA, Federal Court and the EPA Administrator

  19. We Protect Hoosiers and Our Environment NRDC Statement on Tar Sands “BP’s decision to tap into the Canadian wilderness is ‘based on addiction, not reality,’ says Ann Alexander, senior attorney at the Natural Resource Defense Council (NRDC), a nonprofit environmental group. ‘Tar sands crude oil is dirty from start to finish. It’s bad enough that [BP is] fouling our natural resources here in the Midwest, but it’s completely destroying them up in Canada. There are good sources of energy we can turn to that don’t involve turning entire forests into a moonscape.’”

  20. We Protect Hoosiers and Our Environment Duke-Edwardsport Power Plant • First commercial Integrated Gasification Combined Cycle (IGCC) plant in the U.S. • 44 day public comment period • Public meeting and hearing – over 600 citizens attended • Construction permit issued January 25 and operation permit issued in March • Permit decision appealed

  21. We Protect Hoosiers and Our Environment Combined Sewer Overflows • 65 communities now have approved Long Term Control Plans (LTCPs) • 12 communities took action to control CSOs without the need of a LTCP • separated sewers or overflow prevention measures • 77 of 107 communities are adequately addressing their CSOs • 30 CSO LTCPs left to approve

  22. Permit Backlog Reduction In 2005, there were 263 administratively extended NPDES permits Six of those 263 remain to be issued: US Steel Gary Works US Steel Midwest Division Arcelor Mittal Indiana Harbor East Arcelor Mittal Indiana Harbor West Arcelor Mittal Burns Harbor Hoosier Energy Merom Plant We Protect Hoosiers and Our Environment

  23. We Protect Hoosiers and Our Environment Flood Update • IDEM staff logged 1,218 hours of support time • Assisted DNR with early evacuations • Contacted 541 drinking water and wastewater facilities; provided 63 with FEMA reimbursement assistance • Offered debris management and spill response assistance to local officials

  24. We Protect Hoosiers and Our Environment Flood Update Continued • Coordinated outreach to livestock operations • Coordinated with U.S. EPA to address solid and household hazardous waste management issues and assess hazardous spills • Provided communication outreach including severe weather website, FAQ document, four fact sheets and three news releases

  25. We Protect Hoosiers and Our Environment Dr. Barnes BP NPDES Permit Review • BP NPDES permit issued June 21, 2007 after extensive public outreach and no apparent opposition • Negative and misleading media resulted in uproar from public, politicians, etc. • Governor Daniels requested Barnes review August 13, 2007 • Report issued December 3, 2007

  26. We Protect Hoosiers and Our Environment Dr. Barnes Conclusions • Permit complies with existing regulations and fully protects drinking water, recreation and aquatic life • Permit is more restrictive and protective of Lake Michigan than required by adjoining states • Indiana should clarify antidegradation regulations for permit applicants and public to understand and the agency to apply

  27. We Protect Hoosiers and Our Environment IDEM Response • Updating Indiana Antidegradation regulations • Will apply to entire State • Special protection for Lake Michigan • Require more documentation for compliance schedules • Obtain U.S. EPA non-objection determination prior to public notice of NPDES permit

  28. We Protect Hoosiers and Our Environment Mercury Switch Removal • Currently 401 Indiana participants • 32,060 mercury switches collected • 70.53 pounds of mercury removed from end of life vehicles IC 13-20-17.7-2

  29. We Protect Hoosiers and Our Environment Land Quality Accomplishments • All 1,269 tons of VX Agent stored at the Newport Chemical Agent Facility since 1969 has been safely destroyed. VX destruction started in May of 2005 and was completed in August 2008 • Digital Inspector Tool is in use for solid waste inspections including CFOs, CAFOs and auto salvage yards

  30. We Protect Hoosiers and Our Environment Agency Initiatives • Virtual File Cabinet—electronic filing system, over 27,000,000 pages now available electronically, IDEM file room visits down over 90% from 445/mo 1Q 2007 to 35/mo 2Q 2008 • TEMPO—Enterprise wide electronic integration of all IDEM information, part of the process to allow us to receive and process electronic permit applications and reports • Applied for EPA approval for electronic submittals

  31. We Protect Hoosiers and Our Environment Percent of Activities Meeting Regulations

  32. We Protect Hoosiers and Our Environment Office of Enforcement *through 2nd quarter **Does not include Program Violation Letters

  33. We Protect Hoosiers and Our Environment Office of Enforcement *through August 2008

  34. We Protect Hoosiers and Our Environment Criminal Convictions • Wabash Environmental Technologies and Derrik Hagerman—Clean Water Act felonies. Sixty months of imprisonment and $237,000 in restitution (Terre Haute) • Miller Environmental and Anthony MuCullough—Clean Water Act felonies. Four months imprisonment and $510,000 in penalties (Shelbyville and Rushville)

  35. We Protect Hoosiers and Our Environment Criminal Convictions • Richard Reece—RCRA felonies. Six months in half way house, six months home detention and $60,000 restitution (Muncie) • Hassan Barrel and Alan Hersh—RCRA felonies. Awaiting sentencing (Fort Wayne)

  36. We Protect Hoosiers and Our Environment Forbes “America’s Greenest States” Report • “So who’s at the bottom? Mississippi, Louisiana, Alabama, Indiana and, at No. 50, West Virginia. All suffer from a mix of toxic waste, lots of pollution and consumption and no clear plans to do anything about it. Expect them to remain that way.”

  37. We Protect Hoosiers and Our Environment Forbes Report Conclusion • Does not rank States based upon government verified environmental quality data • Appears to be a ranking based upon adherence of States to a group of policies advocated by the NGO’s providing information used in the rankings

  38. We Protect Hoosiers and Our Environment Possible 2009 Legislative Issues • Discuss public’s expectations at property transfers and related programs • Restrictive Covenant • Define oversight and recovery, owner/operator and other technical language • Clean up several statutes to match operational efficiencies

  39. We Protect Hoosiers and Our Environment Questions? Megan Tretter Legislative & Business Liaison 317-234-3386 mtretter@idem.in.gov Sandra Flum Intergovernmental Relations 317-233-9479 sflum@idem.in.gov

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