Indiana Chapter of AWMA 11 th Annual Winter Technical Meeting December 13, 2012 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management 1

2 IDEM’s Mission We Protect Hoosiers and Our Environment 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.

How Does IDEM Protect Hoosiers and Our 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. 3

How Does IDEM Protect Hoosiers and Our Environment? Use compliance assistance and/or enforcement when people exceed their permit levels or violate regulations. Educate people on their environmental responsibilities. 4

Why is the Economy Important to the Environment? 5

Pilot 2006 Environmental Performance Index Yale Center for Environmental Law & Policy Yale University Center for International Earth Science Information Network (CIESIN) Columbia University 6

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Wealth matters. The Environmental Health scores, in particular, reveal a significant relationship with GDP per capita. EPI scores more generally also correlate with wealth, although there is a diversity of performance within every level of economic development. Policy Implications of the 2012 EPI 8

Why Does Energy Matter? Without energy, life is brutal and short— think back to the cave man. Making energy more expensive is a regressive tax and an economic development inhibiter—the cost of energy influences the viability of every economic endeavor, but especially those that produce wealth. 9

Air Quality Monitoring Attains Does Not Meet the PM Standards Does Not Meet the Ozone standard Does Not Meet the Ozone and PM Location of the State Capitals State Boundaries 10

Summary Wealth is a significant driver of improved environmental quality. The cost of energy is a significant driver of wealth production. As we strive to improve the quality of our environment, we must be careful not to unnecessarily increase the cost of energy. 11

25 Years of Progress 12

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Comparison of Region 5 States Permitting Program Status Compiled by U.S. EPA Region 5 for July 26, 2012, State Environmental Directors Meeting 14

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Status of All Facilities Covered by Current NPDES Permits (as of 7/6/12) 16 Status of All Facilities Covered by Current Permits (as of 7/6/12)

IDEM Backlogs Eliminated On January 10, 2005, there were 263 administratively extended NPDES permits and 289 unissued Title V permits. All of those have been issued and IDEM now issues permits using less than 85% of the statutorily allowed days. On January 10, 2005, there were 250 unresolved enforcement cases over 2 years old. Now there are 4 unresolved cases between 2 and 3 years old. 17

Permits--Percent of Statutory Days 18

Water Program Consolidation? The Report of the INDIANA AGRICULTURE REGULATORY STRUCTURE TASK FORCE Submitted to the Lieutenant Governor, January 7, 2009, made the following recommendations regarding the regulation of water issues in Indiana: 19

Water Program Consolidation? Septic System Regulation –“The General Assembly should transfer authority of residential septic system regulation from ISDH to IDEM in order to eliminate duplication and to make implementation more efficient.” –“The General Assembly should require certification of septic system installers in order to make efficient use of state and local resources for oversight.” 20

Water Program Consolidation? “The Governor should commission a study of combining water related programs into a ‘Department of Water Management’ to determine the long-term feasibility, efficiency and effectiveness of combining programs or altering program implementation in order to eliminate overlaps, plug gaps, and streamline permitting processes.” 21

Water Program Consolidation? A recent draft of the report of the Sustainable Natural Resources Task Force recommended: “To optimize and manage conflicting goals and needs the state has regarding water we propose consolidating state authority for three distinct water-related tasks in one entity.” 1) Flood control; 2) Drainage; 3) Planning for water availability and distribution. 22

Water Program Consolidation? The current regulatory system for granting water permits of all types is unclear to even the most experienced environmental professionals. The current water organizational structure has both overlaps and missed opportunities: –Water quantity and water quality –Water withdrawals and movement of pollution 23

Water Program Consolidation? Five Indiana Agencies—IDEM, IDHS, ISDA, ISDH, and DNR are in the process of developing recommendations to the Governor on which programs are most appropriate for consolidation and the organizational structure that could accomplish that consolidation. The process is focused on activities currently conducted primarily by state agencies. 24

Fish Tissue Mercury At the end of 2010, U.S.EPA issued new guidance on the proper interpretation of the fish tissue data. U.S.EPA’s guidance indicates that a properly calculated average mercury value is the appropriate interpretation of the limit. IDEM has reevaluated its mercury data using the U.S.EPA guidance. 25

Fish Tissue Mercury ( Note: Lake Data Does Not Include Lake Michigan) Year Mercury Impaired Stream Reaches Mercury Impaired Stream Miles Mercury Impaired Lakes Mercury Impaired Lake Acres , , ,582 Change -84%-75%-60%-67% 26

27 Current Air Quality Status At the end of 2009, all of Indiana met every currently effective NAAQS for the first time since NAAQS were established in the 1970’s. IDEM has succeeded in working with U.S. EPA to have all of the state designated as attainment for those pollutants except: –Central Indiana PM 2.5 –Clark and Floyd counties PM 2.5

28 New Air Quality Standards Since the end of 2009, new air quality standards have resulted in U.S. EPA designating the following new nonattainment areas: –Lake and Porter Counties Ozone (2008 standard) –Lawrenceburg Township (Dearborn County) Ozone –City of Muncie Lead All monitors in Indiana currently meet the 100 ppb short term NO x standard established in A number of townships in seven counties will likely be designated as nonattainment for the 1-hour, 75 ppb SO 2 standard established in 2010.

NWI 75 ppb OZONE DESIGNATION September 22, 2011, U.S. EPA announces it is proceeding with ozone nonattainment designations. December 9, 2011, U.S. EPA notifies Governor Daniels that all of Indiana will be designated attainment except Lawrenceburg in Dearborn County. 29

NWI 75 ppb OZONE DESIGNATION January 31, 2012, U.S. EPA notifies Governor Daniels that due to data provided by Illinois on December 7, 2011; Lake, Porter and Jasper Counties will be designated as nonattainment for ozone. April 13, 2012, Indiana sends package explaining why Lake, Porter and Jasper Counties should be designated as attainment. 30

NWI 75 ppb OZONE DESIGNATION Reasons for Indiana ozone attainment recommendation: –A single monitor out of 22 apparently exceeded the standard by 0.4 ppb ( ppm) –Illinois caused the violation by discontinuing full implementation of its automotive inspection program in 2008 without making a 110 (l) demonstration, thereby violating its SIP and the Clean Air Act. 31

NWI 75 ppb OZONE DESIGNATION –Milwaukee, which is designated as attainment, has a higher contribution to the violating monitor than Lake County or Porter County. On May 31, 2012, Administrator Jackson signed the nonattainment designation for the Chicago Area including Lake and Porter Counties in Indiana—Milwaukee remains designated as an attainment area. 32

NWI 75 ppb OZONE DESIGNATION Remedies being implemented: –Petition Court for Reconsideration of nonattainment designations—July 19, –Petition Court for a Stay of the designations— August 8, 2012—Denied November 5, –Petition U.S.EPA to reconsider the May 31, 2012 designations—August 10, 2012 –File new SIP and request for redesignation to attainment—in process. 33

Why is Illinois I & M Key? Beginning in 2007, Illinois went to the OBD inspection system which exempts the 1968 through 1995 vehicles from inspection. Data from Indiana’s system shows that inspection of 1968 through 1995 vehicles accounted for 67% of the HC, 85% of the NOx, and 79% of the CO reductions in

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36 CAIR/Transport Rule/CSAPR Success: On December 30, 2011, the DC Circuit Court of Appeals issued a Stay of CSAPR and a hearing on the merits of the appeals was held in April—CASPR Vacated August 22, Cost of Success: U.S. EPA placed a hold on the PM 2.5 attainment designation for the Indianapolis Area which had been sent to the Federal Register, but not published.

37 CAIR/Transport Rule/CSAPR Recent Developments: –October 5, 2012, U.S. EPA files an appeal of the August 22, 2012, vacatur of the CSAPR. –November 19, 2012, U.S. EPA determines: “that it will be appropriate to rely on CAIR emission reductions as permanent and enforceable for certain actions and circumstances.” –U.S. EPA is now working to finalize the Central Indiana and Louisville PM 2.5 attainment designations.

Air Quality Compared to CSAPR Goals 2008 to 2010 Attains Does Not Meet the PM Standards Does Not Meet the Ozone standard Does Not Meet the Ozone and PM Location of the State Capitals State Boundaries 38

39 CO 2 (Greenhouse Gasses) In April, 2012, U.S. EPA proposed New Source Performance Standards (NSPS) for Greenhouse Gas (GHG) Emissions for certain Electric Utility Generating Units (EGUs). The rules only apply to large new fossil fired Electrical Generating Units in the continental United States. –Simple cycle gas turbines are exempt (even though the more efficient ones currently meet the rule).

40 CO 2 (Greenhouse Gasses) Combined cycle gas turbines will meet the rule. Coal fired units will not meet the rule without using carbon capture and storage. Carbon capture and storage: –is not yet commercially available, –has not yet been demonstrated at commercial scale, and –is likely to be prohibitively expensive.

41 CO 2 (Greenhouse Gasses) Is a rule which effectively prohibits the construction of new electrical generating facilities that use coal in the United States going to make a significant difference in emissions? The National Academy of Sciences report, “America’s Climate Choices” recommends that actions be taken now to start reducing U.S. greenhouse gas emissions to levels between 50% and 80% below 1990 levels.

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43 CO 2 (Greenhouse Gasses) In the spring of 2012, the Environmental Council of the States (ECOS) passed resolution 12-1 “Challenges of Achieving Significant Greenhouse Gas (GHG) Emissions Reductions.” A copy of this resolution is available at: 12_1_Challenges_of_GHG_reductions.doc

44 CO 2 (Greenhouse Gasses) The resolution requests that the U.S. EPA develop one or more scenarios that will produce an 80 percent reduction in GHG emissions nationally, from a 2005 baseline, in 2050 or beyond; and to conduct an analysis of the costs and the benefits associated with each such scenario along with an estimate of the costs and benefits of not obtaining these GHG reductions.

45 CO 2 (Greenhouse Gasses) U.S. EPA has decided not to spend the resources required to develop the requested scenario, but rather to develop rules to reduce GHG emissions, even if these rules do not materially reduce U.S. emissions. The NSPS for EGUs effectively bans new coal fired facilities in the U.S. without any public plan to actually reduce U.S. (or world) GHG emissions to the levels advocated by the National Academy of Sciences.

IDEM 2013 GOALS AND CHALLENGES 46

2013 Goals and Challenges Governor-elect Pence has asked that IDEM find a way to be the clear leader in helping and cooperatively partnering with regulated entities to improve environmental quality. 47

2013 Goals and Challenges Continue to work to ensure that all Hoosiers have air to breathe that meets all health based standards and that U.S. EPA designates all of the State as attainment for all pollutants. 48

2013 Goals and Challenges Continue to work to ensure that all Indiana waters meet all water quality standards and that U.S. EPA delists impairments as water quality improvements are documented. 49

2013 Goals and Challenges Continue to work to ensure that current activities do not pollute Indiana lands and that previously contaminated lands are safe for future intended uses. 50

2013 Goals and Challenges Implement water program consolidation decisions. Transform rulemaking process to the new Environmental Rules Board. Update and improve the Virtual File Cabinet. 51

Questions? Tom Easterly Commissioner Indiana Department of Environmental Management