1. IDEM 2010 Update House Environmental Affairs Committee January 13, 2010
Thomas W. Easterly, P.E., BCEE, QEP Commissioner
IN Department of Environmental Management

2. New IDEM Budget Actions
Returning staffing to January 2005 levels through attrition.
Moving most of Shadeland staff to IGCN and renegotiating the lease.
Canceling or renegotiating a number of service contracts.
Voluntary unpaid leave program.

3. IDEM Staffing Levels YEAR 2004 2005 2006 2007 2008 2009 Current
2010 Target
Actual FTE
895
918
915
927
954
950
912
900

4. IDEM’s Mission
IDEM is responsible for protecting human health and the environment while providing for safe industrial, agricultural, commercial and governmental operations vital to a prosperous economy.

5. 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. Use compliance assistance and/or enforcement when people exceed their permit levels or violate regulations. Educate people on their environmental responsibilities.

6. Performance Metrics Dec 2009
Quality of Hoosiers' Environment
Result
Target
Comments
% of Hoosiers in counties meeting air quality standards
100%
80%
% of CSO Communities with approved programs to prevent the release of untreated sewage
93.5%
20%
91+9 (100) out of 98+9 (107)
% of Hoosiers receiving water from facilities in
compliance with safe drinking water standards
98.0%
99%
95%
Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute
Land
19,928
66,565
86,864
Air
45,159
207,000
385,000
Water
20,785
48,000
200,000
* Places emphasis on back logged permits
Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards
Inspections
97.61%
97%
75%
Self reporting
95.80%
Continuous monitoring (COM)
99.83%
99.90%
* Tracks observations and not just inspections
And this is where we are today – we have moved from ‘in the red’ to meeting most of our goals or ‘green’. We have done this by setting goals and holding ourselves accountable. We have tried to change inefficient decision making processes to improve workflow. I’ll go over some accomplishments and then focus on some of these areas that we want to improve. 6

7. Performance Metrics June 2005
Quality of Hoosiers' Environment
Result
Target
Comments
% 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%
20%
75% by 2007 is goal
Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute
Land
100,013
66,565
86,864
Air
511,000
207,000
385,000
Water
301,000
48,000
200,000
* 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
This is where we started on key measures - current permits or backlogs and compliance with permits, state air quality and combined sewer status 7

8. The New EPA Administrator Jackson’s Stated Priorities:
Environmental Justice
Children's Health
Climate Change
The Initiatives we observe include:
Air Toxics Monitoring at Schools
Reemphasis of Enforcement and publishing of compliance information
Progressing of Greenhouse Gas Regulations

9. Air Quality Update
At the end of 2009, all monitors in Indiana measured attainment for all NAAQS for the first time since Standards were established.
Indiana is currently in attainment for all NAAQS but:
EPA keeps raising (in this case lowering) the bar!
In the past the policy was for internal use and not transparent, we have made every effort to make the enforcement decision-making transparent without making enforcement a ‘cost of doing business’ paradigm.
Air Quality Standards
How low will they go?!?! 9

10. Ozone Insert new graph from Catherine
○ Based on preliminary 2008 monitoring data, the statewide average 8-Hour Ozone annual 4th high is well-below the standard.

11. ○ Based on preliminary 2008 monitoring data, the statewide average 8-Hour Ozone annual 4th high is well-below the standard.

12. ○ Based on preliminary 2008 monitoring data, the statewide average 8-Hour Ozone annual 4th high is well-below the standard.

13. MOVING TARGETS Status of Review of NAAQS
Current/Previous
Status of Review
What to Expect
8-Hour Ozone
.085 ppm
EPA is reconsidering .075 ppm standard
ppm
Annual PM 2.5
15 µg/m3
EPA is reconsidering 2006 review of standard
12 µg/m3 CO
9 ppm 8-hour; 35 ppm 1-hour
Early stages of review process
Little to no change
NO2
0.053 ppm annual
Comment period on proposed new standard closed
0.065 ppm ppm (99th percentile of 1-hour max.)
SO2
0.03 ppm annual; 0.14 ppm 24-hour
Currently under review
0.05 ppm – 0.10 ppm 1-hour
Lead
1.5 µg/m3 quarterly avg.
EPA finalized new standard October 2008
0.15 µg/m3 rolling 3-month; 1.5 quarterly avg.

14. Outdoor Hydronic Heaters (aka Wood Boilers)
Outdoor Hydronic Heater Rule Second Notice Published in Indiana Register on January 6, 2010
Rule First Noticed in 2005
Reviews by EQSC and EPA/NESCAUM Model Rule
Proposed Rule will require new units to meet emission limits
Proposed Rule will require existing units that do not meet the proposed emission limits to install smoke stacks and cease operations in the warmer part of the year
○ The Degreasing Rule currently applies to Clark, Floyd, Lake and Porter Counties.
○ The revised Consumer/Commercial Products Rule is a proposed rule at both the state and federal level and would apply state-wide.

15. BP Whiting Title V Permit Objection
IDEM Construction Permit Issued May 1, 2008 after extensive USEPA review
Petitioners Request for Permit Objection filed with USEPA on June 18, 2008
EPA signed the Objection Order October 16,
IDEM plans to meet all of EPAs objections
○ No 112(j) applications have submitted at this time. Purdue is currently considering submitting a 112(g) application.

16. Office of Water Quality Activities
Combined Sewers—97 IDEM lead and 3 EPA lead complete. Seven EPA lead communities left: Anderson, Elkhart, Evansville, Gary, Hammond, Mishawaka, South Bend.
Dredging—West Branch Grand Cal in progress.
Blue Green Algae.

17. Office of Water Quality Activities
NPDES Permit Backlog Reduction
2005: 263 backlogged permits
2009: 6 backlogged permits
List includes:
USS Gary Works. Public Noticed. Comment Period Ended. Next step is issuance.
US Midwest. Under EPA review.
Arcelor Mittal Burns Harbor. Under EPA review
Arcelor Mittal Indiana Harbor East. Drafting.
Arcelor Mittal Indiana Harbor West. Drafting.
Hoosier Merom. Drafting.

18. Office of Water Quality Activities
Blue Green Algae
Center for Earth and Environmental Science, DNR, ISDH, IDEM Collaboration.
Dr. Lenore Tedesco from the Center for Earth and Environmental Science collecting and analyzing samples in Geist, Morse, and Eagle Creek Reservoirs.
IDEM Monitoring Upper Fall Creek Watershed
IDEM updates conditions in reservoirs and posts to website:
Idem.in.gov/algae
EQSC Report calls for expanded monitoring.

19. Office of Water Quality Rulemaking: Antidegradation
What will this rule do?
Increases public opportunities for information and input;
Protects current "fishable/swimmable“ and other existing uses of waters;
Allows for the issuance of legal permits for discharges to water; and,
Does not allow the violation of water quality standards.

20. Office of Water Quality Rulemaking: Antidegradation
What is the process for this rule?
IDEM held Stakeholder meetings over two years and drafted rule language.
IDEM held four public meetings.
Draft rule language was ‘second noticed’ for 45 days in the December 16, 2009 Indiana Register.
After public notice, IDEM summarizes comments, may make changes to the rule
Draft Rule will be presented to the Water Pollution Control Board for preliminary/final adoption.
EPA will review the rule as well.

21. Questions?
Tom Easterly Commissioner Indiana Department of Environmental Management