Midwest Environmental Enforcement Association—May 5, 2010 Thomas W. Easterly, P.E., DEE, QEP Commissioner, Indiana Department of Environmental Management

Welcome to Indianapolis 2

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

How Does IDEM Protect Hoosiers and Out 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. Use compliance assistance and/or enforcement when people exceed their permit levels or violate regulations. Educate people on their environmental responsibilities. 7

IDEM Enforcement Referrals Violation Letters4,9804,2684,0243,9584,0924,085 Notices of Violation Agreed Orders Commissioner’s Orders Dismissals Complies/Closed AG Referrals

IDEM Enforcement Changes In Late 2008 Returned the enforcement function to the air, water and land programs and eliminated the separate office of enforcement. Published our Compliance and Enforcement Response Policy as a Non-rule Policy Document to facilitate understanding of the enforcement process. 9

Reasons for Enforcement Change No improvement in compliance rates in 4 years. EPA HQ (OECA) told me both enforcement models (separate office or in program) are used effectively. Enforcement was regularly “waiting on program staff” under the control of other managers. Unpublished enforcement policies resulted in unexpected actions—too timid and too aggressive. 10

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Criminal Pleas and Convictions Erler Industries, North Vernon, IN, Falsified Title V Certifications – $1,000,000 criminal fine – $25,000 in restitution to Midwest Environmental Enforcement Association – $100,000 in restitution to IDEM (hybrid vehicles) – Develop an environmental training program – Implement a zero tolerance policy for violations – Public apology in the local newspaper 12

Criminal Pleas and Convictions Herb Corn—Rochester Indiana POTW Operator, falsification of DMRs, MROs and NPDES permit renewal application. – Sentenced to 12 months in federal prison Alan Hersh—Hassan Barrel RCRA felonies (Fort Wayne). – Sentenced to 15 months plus restitution Wainwright, Gary, IN—gun charges – Sentenced to 108 months in federal prison 13

Agency Initiatives Virtual File Cabinet—electronic filing system with over 64,000,000 pages now online. TEMPO—Enterprise wide electronic integration of all IDEM information—part of the infrastructure to receive and process electronic permit applications and reports. Digital Inspector—Tablet Computers with Inspection Questions and Reports. 14

Agency Initiatives EDMR—Electronic reporting of waste water discharge monitoring reports. – Currently available for all facilities. – EPA is considering a rule to require electronic reporting for all DMRs. Agency-wide adoption of Continuous Improvement using Lean/Kaizen and other methodologies to improve processes and increase efficiency. 15

Thank You Tom Easterly Commissioner Indiana Department of Environmental Management