IDEM Update 17 th Annual Environmental, Health & Safety Symposium March 27, 2008

1. IDEM Update 17th Annual Environmental, Health & Safety SymposiumMarch 27, 2008 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management We Protect Hoosiers and Our Environment

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. We Protect Hoosiers and Our Environment

3. Pilot 2006 & 2008 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/ We Protect Hoosiers and Our Environment

4. We Protect Hoosiers and Our Environment

5. Currently No Similar Chart for 2008 • “Wealth correlates highly with EPI scores. But at every level of development, some countries achieve results that exceed their income-group peers. Statistical analysis suggests that good governance contributes to better environmental outcomes.” • US drops from 28th to 39th—Climate Change

6. How Is IDEM Protecting Hoosiers and Our Environment? 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 We Protect Hoosiers and Our Environment

7. Performance Metrics We Protect Hoosiers and Our Environment

8. Performance Metrics We Protect Hoosiers and Our Environment

9. Counties above AQ Standards 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) We Protect Hoosiers and Our Environment

10. 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

11. Total Permit Calendar Days

12. Office of Enforcement2003-2007 We Protect Hoosiers and Our Environment

13. 2008 Legislative Issues • HEA 1001 Property Tax Reform was the Major Issue in the 2008 Legislative Session—Signed into law by Governor Daniels • SEA 45—The Great Lakes Water Compact with implementing legislation was signed into law by Governor Daniels • HEA 1120—Ban phosphates in residential dishwasher detergent sold after July 1, 2010 was signed into law by Governor Daniels We Protect Hoosiers and Our Environment

14. 2008 Legislative Issues • SEA 43 addresses many environmental issues • Clarifies mercury switch removal program requirements to: • Allow payment for removal of mercury containing ant-lock braking switches and other mercury containing devices • Exempt wrecked vehicles where the mercury switch is not easily accessible • Allows IDEM to accept electronic signatures • Clarifies Requirements for Local Land Use Approvals for Solid Waste Landfills that have not yet accepted Waste We Protect Hoosiers and Our Environment

15. 2008 Legislative Issues • SEA 43 Continued • Removes the requirement that IDEM have a laboratory division • Removes the requirement to display operator certificates at a treatment plant • Allows a single vehicle ID and land application permit approval for a septage hauler • Eliminates the requirement that IDEM obtain social security numbers as part of good character approval process • Allows IDEM to use ELTF for tank inspections We Protect Hoosiers and Our Environment

16. 2008 Legislative Issues SEA 43 Continued • Requires public notice of rules that are proposed to sunset • Protects a community from being required to pay storm water fees to two entities • Clarifies Environmental Criminal Language • SEA 46 modified the marketable record title for real property to eliminate the need to renew a environmental restrictive covenant every 50 years—Signed by the Governor We Protect Hoosiers and Our Environment

17. New 8-Hr Ozone Standard • New Standard is 0.075 ppm 3/12/08 • States are required to propose nonattainment designations 3/12/09 • EPA to make final designations by 3/12/10 or in special cases 3/12/11 • Attainment SIPS due 3/12/13 • Attainment dates depend upon severity of ozone problem

18. New 8-Hr Ozone Standard • Using monitored Indiana Ozone Data for the 2005-2007 period, twenty-four Indiana Counties would be Non-attainment • Modeling of the impacts of emission reductions already required indicates that in 2009 only Greene, Hamilton, Lake and Perry Counties will be Non-attainment • In 2012 only Perry County models Non-attainment

20. Forbes “America’s Greenest States” Article 10/17/2007 “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.” We Protect Hoosiers and Our Environment

21. Forbes Continued “We ranked each state in six equally rated categories: • Carbon footprint (Carbon Dioxide per capita) • Air Quality (American Lung Assn 2007) • Water Quality (PIRG 2007 “Troubled Waters”) • Hazardous Waste Management (per capita) • Policy Initiatives (American Council for an Energy-Efficient Economy’s energy efficiency Scorecard) • Energy Consumption (per capita)” We Protect Hoosiers and Our Environment

22. Forbes Continued “Regarding energy consumption and lifestyle choice, we examined a number of factors, including vehicle miles traveled and the number of alternative fuel and hybrid-electric vehicles per capita by state, as well as the number of buildings that have received the U.S. Green Building Council’s energy efficient “LEED” certification. We have also relied on information from the EIA, EPA, DOT, NRDC and the Sierra Club.” We Protect Hoosiers and Our Environment

23. Carbon Footprint • Indiana does not have nuclear power generation—about 20% of the power generation in the US (and rest of the Midwest) is nuclear. • Indiana’s coal is a secure home grown source of energy. We Protect Hoosiers and Our Environment

24. Indiana Projects to Reduce Our Carbon Footprint • The recently permitted Duke Edwardsport plant will be the first commercial scale IGCC plant to sequester carbon in the US • The largest wind-farm east of the Mississippi River is under construction in Indiana and additional projects are on the horizon We Protect Hoosiers and Our Environment

25. 2006 Air Quality (EPA) Forbes Ozone PM Average Greenest State Vermont 1st 1st 1 2nd Oregon 1st 1st 1 3rd Washington 1st 1st 1 4th Hawaii 1st 1st 1 5th Maryland 46th 39th 42.5 6th Connecticut 49th 1st 25 7th New Jersey 48th 35th 41.5 8th Rhode Island 37th 1st 19 9th New York 38th 42nd 40 10th Arizona 1st 1st 1 11th Massachusetts 34th 1st 17.5 49th Indiana 1st 40th 20.5 We Protect Hoosiers and Our Environment

26. PIRG Troubled Waters Ranking Greenest State Vermont 23rd 2nd Oregon Did not supply useful data 3rd Washington 7th 4th Hawaii 20th 5th Maryland 6th 6th Connecticut 45th 7th New Jersey 16th 8th Rhode Island 48th 9th New York 44th 10th Arizona 11th 11th Massachusetts 49th 49th Indiana 40th We Protect Hoosiers and Our Environment

27. EPA 2006 Water Permits Ranking Greenest State Vermont 19th 93.0% 2nd Oregon 42nd 63.9% 3rd Washington 14th 94.4% 4th Hawaii 13th 94.7% 5th Maryland 31st 79.7% 6th Connecticut 39th 70.3% 7th New Jersey 35th 76.8% 8th Rhode Island 26th 83.2% 9th New York 8th 96.8% 10th Arizona 23rd 88.7% 11th Massachusetts 45th 52.1% 49th Indiana 16th 93.2% We Protect Hoosiers and Our Environment

28. Hazardous Waste Management No Data Source Provided in Report • Indiana has about 2% of the US Population, but makes 25% of the steel and over 50% of the of the Recreational Vehicles produced in the US. • Pollution Prevention does reduce waste generation, but as long as our manufacturing sector is strong, waste will be (properly) managed in Indiana We Protect Hoosiers and Our Environment

29. Policy Initiatives • Spending on Utility and Public Benefits Energy Efficiency Programs (0/15) • Energy Efficiency Resource Standards: Requiring Utilities to meet electric and gas savings targets (0/5) • Combined Heat and Power Including Renewable Portfolio Standards and Energy Efficiency Resource Standards (3/5) • Building Energy Codes (2/5) We Protect Hoosiers and Our Environment

30. Policy Initiatives • Transportation—California GHG tailpipe emission standards; exemplary land use policies; transit funding and state fleet requirements (0/5) • Appliance and Equipment Efficiency Standards (0/3) • “Green” Tax Incentives (0/3) • State Lead by Example Programs: Facilities, Equipment, Procurement, R&D (0/3) • Total (5/44) tied for 41st We Protect Hoosiers and Our Environment

31. Energy Consumption (per Capita)No Data Source Provided in Report • Indiana uses energy to make products consumed in other states. We have 2% of the US population, but make 25% of the Steel and over 50% of the recreational vehicles in the US. We Protect Hoosiers and Our Environment

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

33. Questions? Tom Easterly 100 N. Senate Ave. IGCN 1301 Indianapolis, IN 46204 (317) 232-8611 Fax (317) 233-6647 teasterly@idem.in.gov We Protect Hoosiers and Our Environment