What’s New and Where is IDEM Heading? IN Assn SWMD, October 23, 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Board adjustments EQSC study topics: rulemaking and recycling SB 155: Alcohol blended fuel underground storage tanks superseded by HB 1192 SB 205: Environmental Matters Sunset of solid waste landfill construction permits SB 286: Environmental crimes and infractions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

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 Remediation of contaminated sites Use modeling to determine how much of a substance can be safely 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

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

Counties above AQ Standards January 10, 2005 Allen--Ozone Boone--Ozone Clark--PM & Ozone Dubois--PM Elkhart--Ozone Hamilton--Ozone Hancock--Ozone LaPorte--Ozone Madison--Ozone Marion--PM & Ozone Shelby--Ozone St. Joseph--Ozone January 1, 2007 Clark--PM Marion—PM Possible Addition Lake—Ozone (Whiting Monitor)

Ozone Attainment Status

Total Permit Calendar Days

Percent of Activities Meeting Regulations

Office of Enforcement * Referrals Violation Letters Notice of Violations Agreed Orders Commissioner's Orders Dismissals *August 2007

Enforcement Backlog In early 2005, IDEM identified 120 open enforcement cases over 2 years old. All of the original 120 cases have been resolved. Our goal is to resolve all enforcement cases within one year of the referral. We currently have 28 cases that are more than 12 months old—one of these is cases is now 2 years old.

Funding through Enforcement? Some have suggested funding IDEM’s activities through “bad actor” fines—IDEM’s budget anticipates $5.8 million in fine income this biennium to support IDEM’s base activities. Our goal is to gain compliance through compliance assistance, reducing the number of bad actors Relying solely on fines has adverse consequences: Unreliable income stream Changes the focus of the inspection program from compliance to penalty generation

Recent Rulemakings Solid Waste Management Board Collection of Mercury Switches in End-of-Life Vehicles (HEA 1110, 2006) – readopted 7/07 Sets up procedures for removing mercury switches Meth lab clean-up rule (SEA 444, 2005) – effective 3/07 Requires property owners to clean property, sets standards for inspectors and for cleaning property Electronic Waste – final adopted 5/07 Set standards for storage, processing, and disposal of e- waste, consistent with the federal and state hazardous waste and solid waste laws and rules

IC Mercury Switch Removal Reported results from HEA 1110 (2006) - the mercury switch removal program: 398 Indiana Participants 2,548 Mercury Switches Collected 5.61 Pounds of mercury removed from end of life vehicles As of September 28, we had actually paid for 1184 switches weighing 3.3 pounds.

Recycling Grants & Loans Funded by state 50 cent tipping fee for solid waste disposal The Recycling Market Development Program awarded $3,966,952 for FY 2007 Provides loans and grants to promote and assist markets for recycled products Recycling and recycling education grants totaled $1,200,000 for FY 2007 Recycling grants totaling $673,282 Public Education and Promotion (PEP) grants totaling $526,718 Awarded from the Solid Waste Management Fund

Continuous Improvement IT initiatives Tempo – Unified environmental database Virtual File Cabinet – File room via Web Pay for performance Set clear performance expectations Hold staff accountable for their decisions Provides an incentive to go beyond minimum job requirements to assist regulated community

23 Continuous Improvement Office of Land Quality Reduce ELTF contractor activities Reducing Navigant (contract) staff from 13 in 2005 to zero by end of contract in 2008 Currently have 8 Navigant contractors $339,284 contract saving January-April, 2007 Confined Feeding Adjusting staff and assignments to improve program effectiveness

IDEM & SWMD Issues IDEM has modified grant applications and policies. Deadlines, funding dates, etc. available on OPPTA website or by calling Updated recycling website this site makes recycling information, including grants and loans available. Recipient Description Date Agency Amount Bartholomew Co SWCD Contract 10/25/2005 IDEM $482,625 Bartholomew Co SWMD Grant 11/3/2005 IDEM $9,650 Bartholomew Co SWMD Grant 12/2/2005 IDEM $14,800 Bartholomew Co SWMD Grant 10/20/2006 IDEM $9,660 Bartholomew Co SWMD Grant 3/21/2007 IDEM $8,890 Total: $525,625

IDEM & SWMD Issues IDEM now administers the Recycling Market Development Program for the Lieutenant Governor’s office. All IN recycling funding programs in one place. Private businesses can receive loans or grants to relocate or expand recycling businesses. SWMDs are eligible for Recycled Product Purchasing Grants of up to $5,000 as a trial or demonstration to promote markets.

IDEM & SWMD Issues Maintain and Improve source separation & recycling programs including leaf composting. Funding focused on new and expanded recycling programs. Recycle Guys promotional campaign is available to SWMD’s free of cost. We are developing case studies of successful programs so that they can be replicated. Market driven cost neutral programs are the future.

IDEM & SWMD Issues Verification of solid waste diversion rates Office of Land Quality assignment. US Goals are 26% by 1995 and 35% by 2005 IN Goals are 35% by 1996 and 50% by 2001 IN has historically stated that we are meeting the 35% goal, but this claim is not well documented. We have not been able to document that the amount of IN waste going to our disposal facilities has been reduced by 35% or more.

IDEM & SWMD Issues Calculated waste generation in IN is now 15.8 lb/capita/day with 7 of these pounds diverted to yield a diversion rate of 45%--this implies that a family of 4 carts 442 lbs per week to the curb—196 lbs for recycling and 246 for disposal. IDEM is funding a statewide waste characterization study to get some ground truth. IDEM may recommend that the legislature reconsider our goals based upon a market driven system with different goals for each material.

Possible Issues for 2008 Legislation

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

Solid Waste Management Districts Need to define current roles of Districts: Accept mercury from households. Household hazardous wastes. Tire amnesty. E-scrap. Recycling promotion and market development. Is there any value in updating the 20 year old plans? Should there be new funding mechanisms for Districts?

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