1. 1 IDEM — What ’ s New and Where is the Department Heading? ACEC, September 20, 2007 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management

2. 2 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.

3. 3 Pilot 2006 Environmental Performance Index Yale Center for Environmental Law & Policy Yale University Center for International Earth Science Information Network (CIESIN) Columbia University http://www.yale.edu/epi/

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5. 5 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

6. 6 Performance Metrics Quality of Hoosiers' EnvironmentResultTargetComments % of Hoosiers that live in counties that meet air quality standards 85%100%80% 2 counties @ 964,725 of 6,271,973 failed % of CSO Communities with approved programs to prevent the release of untreated sewage 50%100%20% 45+9 out of 98+9 Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Land 61,77966,56586,864 142 permits 6972 permits 45 permits Air 311,986207,000385,000 Water 58,80648,000200,000 * Places emphasis on back logged permits Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Inspections 95.58%97%75% Self reporting 97.77%99%95% Continuous monitoring (COM) 99.66%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 $4,458,843$0$3,447,017 $2.1 OLQ + $2.3 OAQ

7. 7 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)

8. 8 Combined Sewer Overflow Update 41 communities have approved Long Term Control Plans (LTCPs) 12 communities took action to control CSOs without the need of a LTCP separated sewers or overflow prevention measures 51 CSO LTCPs left to approve City of Gary yet to submit LTCP

9. 9 Total Permit Calendar Days

10. IC 13-15-4-1910 Administratively Extended Permits Wastewater Permits: October 2005 August 2007 Total26334 Major6711 Minor19623 Total permit days303,000 55,000

11. 11 Percent of Activities Meeting Regulations

12. 12 Office of Enforcement 2002-2006 200220032004200520062007* Referrals 887607467547591372 Violation Letters 17334720323170 Notice of Violations 561457318202427263 Agreed Orders 311349314258417207 Commissioner's Orders 15 6413819 Dismissals 12512144484624 *August 2007

13. 13 Enforcement Backlog In early 2005, IDEM identified 120 open enforcement cases over 2 years old—all of those cases have been resolved. Our goal is to resolve all enforcement cases within one year of the referral. We currently have 24 cases that are more than 12 months old—no cases over 2 years old.

14. 14 Recent Rulemakings Water Pollution Control Board Combined Sewer Overflows (SEA 620, 2005) - Final adopted 6/07 Compliance schedule allowing time to achieve NPDES permit limits for CSO communities Sewer Ban for communities at capacity – final adopted 6/07 Limits new connections to wastewater treatment plants and allows for sewer connection ban when discharging insufficiently treated wastewater Wastewater Operator Certification – Second Notice 9/07 addresses concerns over small wastewater treatment plants by focusing on operator issues Anti-degradation (SEA 431, 2000) Pre-rulemaking concept meetings with interested parties Water Pollution Control Board Concept Discussion September 12

15. 15 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

16. 16 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

17. 17 2007 Legislation Related to IDEM 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

18. 18 2007 Legislation Related to IDEM 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

19. 19 Possible 2008 Legislative Issues Confined Feeding Environmental Rulemaking Regional Sewer Districts and/or Solid Waste Management Districts Technical corrections to environmental program language

20. 20 BP NPDES Permit IDEM issues permits to protect human health and the environment No exceptions were made with BP’s wastewater permit which is fully protective of drinking water, recreation and aquatic life in Lake Michigan

21. 21 BP NPDES Permit BP’s permitted discharge levels are established at or below the lower of technology based effluent limits and water quality based effluent limits. BP’s New Permit does allow increased discharges of ammonia and Total Suspended Solids to accommodate the processing of Canadian Heavy Crude derived from tar sands

22. 22 BP NPDES Permit This permit had the most extensive public outreach to the environmental community of any permit issued by IDEM. IDEM coordinated with EPA to ensure compliance with the Clean Water Act—On April 5, 2007, EPA issued a written notice of no objection concerning the BP Permit.

23. 23 BP NPDES Permit The permit was issued on June 21, the permit ended on July 9, 2007 and no appeal was filed—the permit effective date is August 1, 2007 and the permit expires July 31, 2012. The Alliance for the Great Lakes, which was involved in pre permit discussions with EPA and IDEM has now filed a appeal on the NPDES Permit

24. 24 BP NPDES Permit At the urging of Illinois politicians, the US House passed a resolution critical of the permit The City of Chicago and others have delivered petitions with tens of thousands of signatures objecting to allowing increased discharges to Lake Michigan USEPA originally supported the IDEM BP permit, but is urging BP to go beyond compliance to address public concerns

25. 25 BP NPDES Permit USEPA has also indicated that they will engage in extensive review of all future major IDEM NPDES permits USEPA is also raising numerous issues with IDEM’s draft air pollution permit for BP and is taking very conservative positions Does a legally issued permit allow an activity, or is it the starting point for a beyond compliance negotiation?

26. 26 Thank You — Questions Tom Easterly 100 N. Senate Ave. IGCN 1301 Indianapolis, IN 46204 (317) 232-8611 Fax (317) 233-6647 teasterly@idem.in.gov