What’s New and Where is IDEM Heading? IN Chapter Air and Waste Management Association December 11, 2007 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management

New State Laws Impacting IDEM from the 2007 Legislative Session HB 1192: Environmental Matters UST release notice and secondary containment Alcohol blended fuel underground storage tanks Brownfields and Environmental Remediation Environmental Legal Action Regional Sewer Districts

New State Laws Impacting IDEM from the 2007 Legislative Session SB 154: Environmental Matters Abbreviated rulemaking Indiana Recycling Market Development Board adjustments EQSC study topics: rulemaking and recycling SB 155: Alcohol blended fuel underground storage tanks superseded by HB 1192 SB 205: Environmental Matters Sunset of solid waste landfill construction permits SB 286: Environmental crimes and infractions

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.

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

How Is IDEM Helping to 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 Quality of Hoosiers' EnvironmentResultTargetComments % of Hoosiers that live in counties that meet air quality standards 85%100%80% 2 964,725 of 6,271,973 failed % of CSO Communities with approved programs to prevent the release of untreated sewage 56%100%20% 51+9 out of 98+9 Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Land 31,69266,56586, permits 584 permits 28 permits Air 270,348207,000385,000 Water 49,95048,000200,000 * Places emphasis on back logged permits Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Inspections 96.71%97%75% Self reporting 96.29%99%95% Continuous monitoring (COM) 99.62%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 $3,258,843$0$3,447,017 $105 OLQ + $1.7 OAQ

Performance Metrics

Possible 2008 Legislative Issues We Expect Property Tax Reform the be the Major Issue in the 2008 Legislative Session IDEM will request Technical Corrections— Include authorization to pay for removal of mercury ABS assemblies from end of life vehicles Remove requirement of IDEM to have an “Office of Laboratory” Allow the use of “Bio-remediation technologies” Move Lead program from IDEM to ISDH

Possible 2008 Legislative Issues Technical Corrections— Allow electronic signatures for environmental compliance reports and permit applications Reduce work site posting requirements for wastewater operator certifications Eliminate the requirement that septage haulers obtain two permits—one as a septage hauler and one for land application Eliminate social security numbers from good character requirements in solid waste law Other Issues may come from EQSC

BP Permit & Barnes Report Dr. Barnes is the former Dean of the School of Public and Environmental Affairs—he served USEPA both time Bill Ruckelshaus was the Administrator Deputy Administrator General Counsel “Permit complies with existing regulations and the explicit requirements of state and federal law.”

BP Permit & Barnes Report “The wastewater discharge would not be expected to cause a violation of water quality standards or interfere with designated uses in Lake Michigan (including full body contact recreation such as swimming, maintaining the aquatic community, and drinking water supply).”

BP Permit & Barnes Report “The limitations in the BP permit are as demanding, and in several instances much more restrictive than, those issued by adjoining states to refineries.” “With a flat ban on new or increased discharges of bioaccumulative chemicals of concern (BCCs) to Lake Michigan, Indiana is more protective of the Lake than the adjoining states…”

BP Permit & Barnes Report “Indiana should clarify its antidegredation regulations for Lake Michigan to make them easier for permit applicants and the public to understand and for the agency to apply.” “By modifying the regulations to address the shortcomings that I identified, Indiana can readily provide a more transparent process with clear requirements for making antidegredation decisions…”

BP Permit & Barnes Report “The initial press reports that mischaracterized some of the material that BP is authorized to discharge as “sludge” created a misconception in the minds of many members of the public officials that does not accord with the actual facts in this case.”

BP Permit & Barnes Report “Knowledgeable observers in both the environmental and business communities gave IDEM and its commissioner, Tom Easterly, credit for cutting the backlog of expired permits and for their efforts to engage the public early in the permit process.”

BP Permit & Barnes Report In addition to the antidegredation demonstration, public concerns include: The “Necessity” Decision Mixing Zone/Diffuser Mercury (especially the compliance schedule) Monitoring and Reporting Requirements

Future IDEM Actions IDEM will process an antidegredation regulation Will apply to entire State Special protection of Lake Michigan IDEM will require more documentation for Compliance Schedules IDEM will not public notice a NPDES permit without an EPA non-objection determination

Questions? Tom Easterly 100 N. Senate Ave. IGCN 1301 Indianapolis, IN (317) Fax (317)