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IDEM — What ’ s New and Where is the Department Heading? ACEC, September 20, 2007

IDEM — What ’ s New and Where is the Department Heading? ACEC, September 20, 2007. Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management. IDEM’s Mission and Environmental Goal.

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IDEM — What ’ s New and Where is the Department Heading? ACEC, September 20, 2007

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  1. IDEM—What’s New and Where is the Department Heading?ACEC, September 20, 2007 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management

  2. IDEM’s Mission and Environmental Goal IDEM is responsible for protecting human health and the environment while providing for safe industrial, agricultural, commercial and governmental operation vital to a prosperous economy. Our goal is to increase the personal income of all Hoosiers to the national average while maintaining and improving Indiana’s Environmental Quality.

  3. Pilot 2006 Environmental Performance Index Yale Center for Environmental Law & Policy Yale University Center for International Earth Science Information Network (CIESIN) Columbia University http://www.yale.edu/epi/

  4. How Is IDEM Helping to 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

  5. Performance Metrics

  6. January 10, 2005 Allen--Ozone Boone--Ozone Clark--PM & Ozone Dubois--PM Elkhart--Ozone Hamilton--Ozone Hancock--Ozone LaPorte--Ozone Madison--Ozone Marion--PM & Ozone Shelby--Ozone St. Joseph--Ozone January 1, 2007 Clark--PM Marion—PM Possible Addition Lake—Ozone (Whiting Monitor) Counties above AQ Standards

  7. Combined Sewer Overflow Update • 41 communities 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 • 51 CSO LTCPs left to approve • City of Gary yet to submit LTCP

  8. Total Permit Calendar Days

  9. Administratively Extended Permits IC 13-15-4-19

  10. Percent of Activities Meeting Regulations

  11. Office of Enforcement2002-2006 *August 2007

  12. In early 2005, IDEM identified 120 open enforcement cases over 2 years old—all of those cases have been resolved. Our goal is to resolve all enforcement cases within one year of the referral. We currently have 24 cases that are more than 12 months old—no cases over 2 years old. Enforcement Backlog

  13. Recent Rulemakings • Water Pollution Control Board • Combined Sewer Overflows (SEA 620, 2005) - Final adopted 6/07 • Compliance schedule allowing time to achieve NPDES permit limits for CSO communities • Sewer Ban for communities at capacity – final adopted 6/07 • Limits new connections to wastewater treatment plants and allows for sewer connection ban when discharging insufficiently treated wastewater • Wastewater Operator Certification – Second Notice 9/07 • addresses concerns over small wastewater treatment plants by focusing on operator issues • Anti-degradation (SEA 431, 2000) • Pre-rulemaking concept meetings with interested parties • Water Pollution Control Board Concept Discussion September 12

  14. Recent Rulemakings • Solid Waste Management Board • Collection of Mercury Switches in End-of-Life Vehicles (HEA 1110, 2006) – readopted 7/07 • Sets up procedures for removing mercury switches • Meth lab clean-up rule (SEA 444, 2005) – effective 3/07 • Requires property owners to clean property, sets standards for inspectors and for cleaning property • Electronic Waste – final adopted 5/07 • Set standards for storage, processing, and disposal of e-waste, consistent with the federal and state hazardous waste and solid waste laws and rules

  15. Continuous Improvement • IT initiatives • Tempo – Unified environmental database • Virtual File Cabinet – File room via Web • Pay for performance • Set clear performance expectations • Hold staff accountable for their decisions • Provides an incentive to go beyond minimum job requirements to assist regulated community

  16. 2007 Legislation Related to IDEM • HB 1192: Environmental Matters • UST release notice and secondary containment • Alcohol blended fuel underground storage tanks • Brownfields and Environmental Remediation • Environmental Legal Action • Regional Sewer Districts

  17. 2007 Legislation Related to IDEM • SB 154: Environmental Matters • Abbreviated rulemaking • Indiana Recycling Market Development Board adjustments • EQSC study topics: rulemaking and recycling • SB 155: Alcohol blended fuel underground storage tanks • superseded by HB 1192 • SB 205: Environmental Matters • Sunset of solid waste landfill construction permits • SB 286: Environmental crimes and infractions

  18. Possible 2008 Legislative Issues • Confined Feeding • Environmental Rulemaking • Regional Sewer Districts and/or Solid Waste Management Districts • Technical corrections to environmental program language

  19. BP NPDES Permit • IDEM issues permits to protect human health and the environment • No exceptions were made with BP’s wastewater permit which is fully protective of drinking water, recreation and aquatic life in Lake Michigan

  20. BP NPDES Permit • BP’s permitted discharge levels are established at or below the lower of technology based effluent limits and water quality based effluent limits. • BP’s New Permit does allow increased discharges of ammonia and Total Suspended Solids to accommodate the processing of Canadian Heavy Crude derived from tar sands

  21. BP NPDES Permit • This permit had the most extensive public outreach to the environmental community of any permit issued by IDEM. • IDEM coordinated with EPA to ensure compliance with the Clean Water Act—On April 5, 2007, EPA issued a written notice of no objection concerning the BP Permit.

  22. BP NPDES Permit • The permit was issued on June 21, the permit ended on July 9, 2007 and no appeal was filed—the permit effective date is August 1, 2007 and the permit expires July 31, 2012. • The Alliance for the Great Lakes, which was involved in pre permit discussions with EPA and IDEM has now filed a appeal on the NPDES Permit

  23. BP NPDES Permit • At the urging of Illinois politicians, the US House passed a resolution critical of the permit • The City of Chicago and others have delivered petitions with tens of thousands of signatures objecting to allowing increased discharges to Lake Michigan • USEPA originally supported the IDEM BP permit, but is urging BP to go beyond compliance to address public concerns

  24. BP NPDES Permit • USEPA has also indicated that they will engage in extensive review of all future major IDEM NPDES permits • USEPA is also raising numerous issues with IDEM’s draft air pollution permit for BP and is taking very conservative positions • Does a legally issued permit allow an activity, or is it the starting point for a beyond compliance negotiation?

  25. Thank You—Questions Tom Easterly 100 N. Senate Ave. IGCN 1301 Indianapolis, IN 46204 (317) 232-8611 Fax (317) 233-6647 teasterly@idem.in.gov

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