Indiana Chamber of Commerce Environmental Permitting Seminar June 14, 2011 Thomas W. Easterly, P.E., BCEE, QEP, Commissioner 1 Bruno Pigott Assistant Commissioner Office of Water Quality Paul Higginbotham Chief, Permits Branch Office of Water Quality

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

5 Performance Metrics April 2011 Quality of Hoosiers' EnvironmentResultTargetComments % of Hoosiers in counties meeting air quality standards 99.99%100%80%Muncie Lead—675 people % of CSO Communities with approved programs to prevent the release of untreated sewage 95.4%100%20% 94+9 (103) out of 98+9 (108) % of Hoosiers receiving water from facilities in compliance with safe drinking water standards 99.6%99%95% Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Land 28,80966,56586,864 Air 91,841207,000385,000 Water 70,76048,000200,000 * Places emphasis on back logged permits Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Inspections 97.36%97%75% Self reporting 94.82%99%95% Continuous monitoring (COM) 99.72%99.90%99% * Tracks observations and not just inspections

6 Performance Metrics June 2005 Quality of Hoosiers' EnvironmentResultTargetComments % of Hoosiers in counties meeting air quality standards 61%100%80% 12 counties & 2,408,571 of 6,195,643 above standard % of CSO Communities with approved programs to prevent the release of untreated sewage 4%100%20%75% by 2007 is goal Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Land 100,01366,56586,864 Air 511,000207,000385,000 Water 301,00048,000200,000 * Places emphasis on back logged permits Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Inspections 95.46%97%75% Self reporting 97.11%99%95% Continuous monitoring (COM) 99.19%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 $6,179,367$0$3,447,017

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Comparison of Region 5 States Permitting Program Status compiled by U.S. EPA Region 5 for March 10, 2011 State Environmental Directors Meeting 8

9 (573)(650)(385) (295)(597)(467) (Total Number of Title V Permits)

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Office of Water Quality Water Quality Improvement Success Stories 2010 Permitting Priorities 2011

Indiana Water Quality Changes over 25 Years Improvements in Water Quality Noted in Fish Tissue Analysis: – PCBs – Dieldrin – DDT

Success Stories 2010 Staff worked hard with fewer people Completed core work with reduced resources Two Notable projects – Ground Water Monitoring Network – Blue Green Algae Monitoring

Ground Water Monitoring Network Determine the quality of ground water in the state’s aquifers by examining private residential wells and public water supply wells across Indiana Fill in the ground water data gap from previous years in Indiana’s Water Monitoring Strategy Provide the public with access to the ground water sampling data

GWMN Site Locations

Summary The GWMN is a “snapshot” of ambient ground water quality across Indiana Goal: create a robust dataset representative of ground water quality across Indiana The GWMN is a planning tool to help address point source and non-point source contamination

Why Worry About Blue-Green Algae?

The Problem Drinking Water – Taste and Odor Compounds Geosmin and MIB (methylisoborneol) Not toxic Recreation – High cell counts: Dermatitis – Toxin Production: Neuro and hepatotoxins Microcystin, Cylindrospermopsin, Saxitoxin, Anatoxin Ingestion/inhalation while swimming Ecological – Dissolved Oxygen Depletion

Blue-Green Algal Blooms: Causes Complicated lake system dynamics – Eutrophic systems Anthropogenic acceleration – Warm stagnant/still water – Seasonality – Nutrients Phosphorus – Total Nitrogen plays a role, too Water column and sediments

Blue-Green Algae Monitoring in Indiana IU Bloomington – Clean Lakes Program Bill Jones, Director IUPUI – Center for Earth and Environmental Science Lenore Tedesco, PhD IDEM – Watershed Assessment and Planning Branch

IDEM’s Pilot Blue-Green Monitoring Program Funded by a U.S. EPA Supplemental 106 Grant Two year funding cycle July through late September – Five lakes in 2010 – Eleven in 2011 Partnering with IUPUI Center for Earth and Environmental Science (CEES)

II IDEM 2011 Lakes

Top OWQ Priorities 2011 Antidegradation. Reissue ArcelorMittal East and West NPDES permits. Develop General Permits for permits currently issued under general permit rules. Develop Nutrient Water Quality Standard for lakes.

Antidegradation Adoption of Antidegradation rule – Work group sessions over two years. – Issued a second notice of rulemaking with specific rule language. – Received extensive comments. – Evaluated comments, considering rule changes.

Steel Mill Permits Issue remaining backlogged NPDES individual permits. – Arcellor Mittal East – Arcellor Mittal West

Develop General Permits for permits currently issued under general permit rules. – EPA raised concerns about issuing general permits through rules. – IDEM will convert those rules to general permits issued every five years. – Statutory and rule changes will be necessary. – Time frame: beyond General Permits

– Increasing awareness that nutrients in the Midwest contribute to Gulf Hypoxia. – OWQ has sampled waters to develop scientifically valid criteria for nutrient Water Quality Standards in lakes. – OWQ developed a first notice of rulemaking. – OWQ will initiate a workgroup to discuss the standard and implementation. Phosphorus WQS for Lakes

Water Quality Permits Branch Individual NPDES Permits – Compliance Schedules – Thermal Requirements – Water Intake Structures – Storm Water Requirements Challenges for NPDES Permitting – Permit Renewals – Permit Requirements – CSO Plans – Pesticide General Permit 34

Compliance Schedules – When included in permits – For What? – More closely scrutinized – Not linked with variances 35

Thermal Temperature Requirements – Found in most power plant permits and other large industrial NPDES permits – Variances can be requested – IDEM in the process of developing draft protocols to ensure that variance applications and renewals meet regulatory requirements and provide consistent data monitoring and data submittal. 36

Water Intake Structures – Fish ‘impingement’ and ‘entrainment’ – EPA requirements – Requirements in permit renewals Studies Fish Return Structures Intake water velocity 37

Storm Water Requirements – Incorporated in all individual industrial permits – Newer non-numeric limits: BMPs – Developed as part of the discussions with EPA to withdraw their objection to the USS – Gary Works NPDES Permit – Incorporates the requirements found in the EPA Multi-sector General Permit 38

Challenges for NPDES Permits Permit Renewals – IDEM facing a large number of renewals at the same time. – Working to issue within timeframes. Complete Applications Denials if not complete – Power Plant Permits 39

Challenges for NPDES Permits Permit Requirements – Nutrients. Phosphorus Limits Based on Narrative Standards Limits Based on Standards: Implementation is Key. – Region 5 EPA Review of Permits 40

Combined Sewer Plans OWQ has 16 CSO Plans to review and approve. Mostly small communities with few resources. Our goal is to complete the review and approval of all of the plans.

Pesticide General Permit Court Ruling Requiring General Permit for certain Pesticide Applications. Indiana Pesticide General Permit has been public noticed Court granted EPA request for extension to October 31, 2011 Legislation in US Congress IDEM in holding pattern 42

Questions? Tom Easterly Commissioner Indiana Department of Environmental Management Bruno Pigott Assistant Commissioner Office of Water Quality Paul Higginbotham Chief, Permits Branch Office of Water Quality