Indiana Environmental Health Association September 2009 Thomas W. Easterly, P.E., DEE, QEP Commissioner, Indiana Department of Environmental Management

2 IDEM’s Mission 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.

3 How Does IDEM Protect the Environment? 1.Develop regulations and issue permits to restrict discharges to the environment to safe levels. 2.Inspect and monitor permitted facilities to ensure compliance with the permits. 3.Enforce against people who exceed their permit levels or violate regulations. 4.Educate people on their environmental responsibilities.

New Technology at IDEM Virtual File Cabinet Digital Inspector e DMR Tempo

Virtual File Cabinet IDEM’s electronic filing system—over 48.5 million documents now available to the public electronically. Visits to IDEM file room down over 90% from 445/mo 1Q 2007 to 35/mo 2Q IDEM's Virtual File Cabinet 101 Tutorial is: 5

Digital Inspector Digital Inspector Tool is a computer tablet based tool with standardized inspection checklists, links to all information about the facility and the regulations. This tool is currently in use for solid waste inspections including CAFOs, Auto Salvage Yards and Landfills. Is being expanded to other programs. 6

e-DMR e-DMR—Electronic filing of waste water discharge monitoring reports. Currently available for all Indiana facilities. IDEM is currently doing outreach to help people learn how to use this new system. Will increase efficiency and eliminate errors caused by reentry of data from paper forms to IDEM computers. 7

TEMPO Enterprise wide electronic integration of all IDEM information—part of the infrastructure to receive and process electronic permit applications and reports: – Four programs currently accepting electronic submittals: Wetlands 401 Water Quality Certifications Community Right to Know Office of Land Quality Site Investigations eDMR Wastewater Discharge Monitoring Reports 8

TEMPO Continued – Expect ten additional programs to accept electronic submittals by the end of the year: Water Quality Erosion Construction Permits (Rule 5) Water Quality Industrial Runoff Permits (Rule 6) Air Quality Permits by Rule Air Quality Asbestos Air Quality Source Specific Operating Authorizations Drinking Water Program Brownfields 9

TEMPO Continued State Revolving Fund (water and wastewater loans and grants) Underground Storage Tanks Diesel Emission Reduction Program – Expect all IDEM programs to be electronic in 2012 TEMPO is currently in use in seven states working together to share programming costs and to provide a common interface to the regulated community: IN, KY, LA, MD, MS, NJ, UT 10

Modernized Programs/Changes Metrics Enforcement Changes Local Air Agencies Rulemaking Reorganization Response to Budget Challenges – Efficiency Gains--Return Staffing to historical levels – Travel Restrictions – Suspended most new Grants and Loans

12 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

13 Performance Metrics July 2009 Quality of Hoosiers' EnvironmentResultTargetComments % of Hoosiers in counties meeting air quality standards 98%100%80% 1 county & 106,673 of 6,376,792 above standard % of CSO Communities with approved programs to prevent the release of untreated sewage 93%100%20% 90+9 (99) out of 98+9 (107) Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Land 27,69566,56586, permits 293 permits 108 permits Air 66,978207,000385,000 Water 38,15548,000200,000 * Places emphasis on back logged permits Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Inspections 96.36%97%75% Self reporting 97.82%99%95% Continuous monitoring (COM) 99.72%99.90%99% * 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 $1,400,000$0$3,447,017 $1.4 OLQ

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15 Agency Change: Enforcement No improvement in compliance rates in 4 years. Discussed enforcement models (separate office or in program) with EPA headquarters – both in use at EPA and other states and both can be effective Non-technical enforcement staff regularly “waiting on program staff” under the control of other managers to resolve cases. Enforcement-only responsibility = No incentive to resolve cases

16 Agency Changes: Enforcement Returned enforcement function and staff to the air, water and land programs. Published Internal-Deliberative Compliance and Enforcement Response Policy (CERP) as a Non- rule Policy Document to increase transparency and facilitate understanding of the enforcement process.

17 Agency Changes: Local Contracts Continuation of IDEM’s goal to use efficiency gains to reduce contracting out of core environmental protection functions. Local Agency Contracts amounted to about $2M/year, not including IDEM oversight costs. Improves consistency across state with amount of oversight and application of regulations.

18 Agency Changes: Rulemaking In January 2009, consolidated separate air, water and land rulemaking sections into one Rules Development Branch located in IDEM’s Office of Legal Counsel. 1.Addressed ebb and flow of rulemaking in each media program 2.Provided opportunity to cross train media-specific rule writers 3.Better prepared for large rulemaking initiatives 4.Work closer with legal staff

Current State Budget Balances 19

20 IDEM Staffing Levels

Response to Reduced State Income Eliminated 2009 raises. Strategic Hiring Review—Using attrition to reduce spending. Reduce/eliminate grants, contracts, etc. Restrictions on travel and purchasing. Will maintain essential State services. 21

22 Agency Change: Grant and Loan Program Suspension Grants and Loans from the following non- reverting funds were suspended as of December 19, 2008: (as listed in budget report to legislature) – 2580 Recycling Promotion Assistance Fund – 2530 Solid Waste Recycling Fund – 2640 Waste Tire Fund During economic crisis, it is critical to adequately fund core government functions such as public safety, education, and public health

Questions? Tom Easterly Commissioner Indiana Department of Environmental Management