Indiana Water Resources Association June 20, 2007 Thomas W. Easterly, P.E., DEE, QEP Commissioner IN Department of Environmental Management

Both Sides of Regulatory Fence Over 30 years as an environmental professional. About half as a government regulator (12 years with the New York State Department of Environmental Conservation and over 2 years with IDEM About half as a regulated entity (13 years with Bethlehem Steel, 2 years with NiSource) A few years as an environmental consultant

How Does IDEM Protect the Environment? Measure the air, water and land to determine the existing state of the environment Compare the measured values to levels that protect human health and the environment Ambient Air Quality Standards Water Quality Standards Safe soil and ground water clean up levels Use modeling to determine how much of a substance can be added to the environment

How Does IDEM Protect the Environment? Develop regulations and issue permits to restrict discharges to the environment to safe levels Inspect and monitor permitted facilities to ensure compliance with the permits Enforce against people who exceed their permit levels or violate regulations Educate people on their environmental responsibilities

Northwest Indiana Environmental Partnerships Northwest Indiana is unique in Indiana and probably in the United States in the number and effectiveness of its partnerships to address environmental issues: Grand Calumet Task Force NIRPC Environmental Management Policy Committee Indiana Dunes Environmental Learning Center Save the Dunes Shirley Heinz Fund

Northwest Indiana Environmental Partnerships Continued Northwest Indiana Forum Environmental Committee Steel and Refining Industry Community Advisory Committees Quality of Life Council Others The work completed by these Partnerships has really improved the environment in Northwest Indiana

Indicators of Improved Northwest Indiana Environment Visible return of animals Beavers Herons Coyotes Clean up of numerous superfund sites Dredging of historical contamination from rivers Improved Air Quality Improved Water Quality

Northwest Indiana Air Quality Measured Air Quality in Lake, Porter and LaPorte Counties meets all current air quality standards (which are much stricter than the original 1971 standards) IDEM is working to have EPA formally recognize that Northwest Indiana Air meets all standards—EPA has proposed to designate Lake, LaPorte and Porter Counties as attainment for the ozone standard. The cleanest measured Particulate air quality in Indiana is at the Indiana Dunes National Lakeshore

Combined Sewer Overflows In Indiana 107 communities were originally constructed with sewer systems which overflow when it rains resulting in water pollution which makes the water unsafe for swimming and often causes beach closings Since January 10, 2005 49 of these communities have either solved the problem or agreed to an enforceable plan to solve this problem in a reasonable time frame

NWI Communities with Approved Sewer Overflow Plans Crown Point LaPorte Lowell Michigan City Valparaiso

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.

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/

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

Performance Metrics 85% 100% 80% 48% 20% 81,726 66,565 86,864 321,262 Quality of Hoosiers' Environment Result Target Comments % of Hoosiers that live in counties that meet air quality standards 85% 100% 80% 2 counties @ 964,725 of 6,271,973 failed % of CSO Communities with approved programs to prevent the release of untreated sewage 48% 20% 75% by 2007 is goal Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Land 81,726 66,565 86,864 208 permits 699 permits 82 permits Air 321,262 207,000 385,000 Water 85,443 48,000 200,000 * Places emphasis on back logged permits Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Inspections 96.84% 97% 75% Self reporting 94.99% 99% 95% Continuous monitoring (COM) 99.61% 99.90% 98.95% * Tracks observations and not just inspections Organizational Transformation Budgetary agency dollars spent on key outside contracts for core agency functions. Dollars spent on outside services per year $3,100,00 $0 $3,447,017 Will require increase in head count to accomplish

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

Total Permit Calendar Days

Percent of Activities Meeting Regulations

Office of Enforcement 2002-2007 2003 2004 2005 2006 2007* Referrals 887 607 467 547 591 134 Violation Letters 17 33 47 203 231 Notice of Violations 561 457 318 202 427 66 Agreed Orders 311 349 314 258 417 62 Commissioner's Orders 15 6 41 38 7 Dismissals 125 121 44 48 46 5

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