1. Indiana Steel Environmental Group June 29, 2011 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management 1

2. Presentation Outline IDEM 2011 Legislative Agenda and Results Comparison of Region V States by U.S. EPA 25 Years of Progress 2011 Goals and Challenges Air Quality and Asthma Trends Air Quality Standards and Where Indiana Stands 2

3. 2011 IDEM Legislative Agenda No fee increase proposals IDEM Issuance of NPDES General Permits SB 200 Authorization to pursue delegation for U.S. ACE 404 and U.S. EPA UIC programs SB 433 Define duties and funding for SWMDs EQSC EQSC study of funding for environmental programs SB 433 IDEM general bill that passed senate last year SB 433 3

4. Comparison of Region 5 States Permitting Program Status compiled by U.S. EPA Region 5 for March 10, 2011 State Environmental Directors Meeting 4

5. 5 (573)(650)(385) (295)(597)(467) (Total Number of Title V Permits)

6. 6

7. 7

8. 8

9. 9

10. 25 Years of Progress 10

11. 11

12. 25 Years of Progress At the end of 2009, for the first time since ambient air quality standards were developed, all of Indiana met all of the health based ambient air quality standards (including the 0.075 ozone standard). During 2010, the new 0.15 microgram per cubic meter lead standard became effective and almost 700 people may be breathing air above that new standard. IDEM is working to make sure that those Hoosiers have clean air to breathe. Outdoor Hydronic Heater (formerly Outdoor Wood Fired Boiler) Rule effective May 18, 2011. Automotive mercury switch removal program. 12

13. 13

14. 25 Years of Progress Water Quality Improvements: – IDEM has assessed the water quality in 83% of Indiana’s waters to identify areas in need of improvement. – IDEM has used the 319 grant process to fund watershed improvement projects over the past five years that have prevented annual discharges of: 500,508,000 pounds of sediment 546,871 pounds of nitrogen 332,270 pounds of phosphorus 14

15. 15

16. 16

17. 17

18. 25 Years of Progress Water Quality Improvements: IDEM has documented the water quality improvements from these program efforts and removed the watersheds listed on the next page from the list of impaired waters. 18

19. 25 Years of Progress Water Quality Improvements: Big Walnut Creek http://www.in.gov/idem/nps/files/watershed_success_epa_bigwalnut.pdf http://www.in.gov/idem/nps/files/watershed_success_epa_bigwalnut.pdf Clifty Creek http://www.in.gov/idem/nps/files/watershed_success_epa_clifty.pdf http://www.in.gov/idem/nps/files/watershed_success_epa_clifty.pdf Pigeon Creek http://www.in.gov/idem/nps/files/watershed_success_epa_pigeon.pdf http://www.in.gov/idem/nps/files/watershed_success_epa_pigeon.pdf 19

20. 25 Years of Progress Administratively extended NPDES permits. – In 2005, there were 263 administratively extended NPDES permits – Two of those 263 remain to be issued: ArcelorMittal Indiana Harbor East ArcelorMittal Indiana Harbor West 20

21. 25 Years of Progress Water Quality: Combined Sewer Overflows – All 98 State lead CSO Communities and 5 of the 10 Federal lead Communities have entered legal agreements to address their CSO issues. – We are working with USEPA to speed the progress on the remaining 5 Federal lead CSO communities. – At least 25 of the CSO communities have completed their projects to address the release of untreated sewage during rain events. 21

22. 25 Years of Progress Cleanup of Contaminated Sites: – Indiana has a fully funded Excess Liability Trust Fund to pay for petroleum clean ups from currently operated tanks. – Indiana will issue an updated RISC Closure Guidance Document this year. – Exposure to hazardous constituents is under control at 58 of Indiana’s 66 RCRA Corrective Action sites, while Groundwater contamination is under control at 55 of those 66 sites. 22

23. 25 Years of Progress Cleanup of Contaminated Sites: – Since 2005, Indiana has cleaned up more than 50,810,000 pounds of illegally dumped waste tires. – All 1,269 tons of VX Agent stored at the Newport Chemical Agent Facility since 1969 has been safely destroyed. VX destruction started in May of 2005 and was completed in August 2008. 23

24. 25 Years of Progress Electronic Permits and Reporting – Virtual File Cabinet—electronic filing system with over 62,000,000 pages now online, about 433 boxes of old documents not yet in the system. – TEMPO—Enterprise wide electronic integration of all IDEM information—part of the infrastructure to receive and process electronic permit applications and reports—scheduled to be fully operational in 2012. – Digital Inspector—Still being rolled out. 24

25. IDEM 2011 GOALS AND CHALLENGES 25

26. 2011 IDEM Major Goals Complete Antidegradation Rulemaking Process. Draft rule is available for public review. WPCB Preliminary Adoption Meeting July 27, 2011. Obtain U.S. EPA approval of attainment designations for PM 2.5 for all of Indiana. Evansville proposed May 23, 2011. Complete CAFO/CFO Rulemaking Process. Preliminary Adoption May 11, 2011. Adopt RISC Closure Guidance as an NPD. Released for public comment May 6, 2011. 26

27. 2011 IDEM Challenges Reissue NPDES General Permits Administratively and address antidegradation requirements. Provide Information to EQSC on: IDEM program funding and costs. Mint farm air emissions. Possible responsibilities and funding sources for Solid Waste Management Districts. Attainment designations for new SO 2 Standard. 27

28. 2011 IDEM Challenges Respond to U.S. EPA’s reconsideration of the 0.075 ppm ozone standard. Other possible U.S. EPA decisions such as 316(b) cooling water intakes, no CCW decision. Develop plan for seamless implementation of water program responsibilities currently assigned to: IDEM, ISDH, IDNR, OISC, ISDA, and possibly U.S. EPA (UIC) and U.S. ACE (404). 28

29. Air Quality and Asthma Trends (Statewide) 29

30. 30

31. 31

32. 32

33. 33

34. 34 National Ambient Air Quality Standards (NAAQS) Where Does Indiana Stand?

35. 35 Criteria Pollutant Trends Statewide: Lead Carbon Monoxide Particulate Matter Nitrogen Dioxide Ozone Sulfur Dioxide

36. Lead – Maximum Design Value Trends 36

37. 37 October 15, 2008: U.S. EPA Established A New Lead Standard Set At 0.15 µg/m 3 As A Three Month Rolling Average. Indiana’s Nonattainment Area for Lead Based on 2007-2009 Monitoring Data

38. Carbon Monoxide (CO) – Maximum Design Value 1-Hour Trends 38

39. April 3, 1971: U.S. EPA Established A CO 1-Hour Standard Set At 35 ppm January 28, 2011: U.S. EPA Proposed To Retain The CO 1-Hour Standard At 35 ppm CO 1-Hour Design Values Based on 2010 Monitoring Data 39

40. Carbon Monoxide (CO) – Maximum Design Value 8-Hour Trends 40

41. April 3, 1971: U.S. EPA Established A CO 8-Hour Standard Set At 9 ppm January 28, 2011: U.S. EPA Proposed To Retain The CO 8-Hour Standard At 9 ppm CO 8-Hour Design Values Based on 2010 Monitoring Data 41

42. Fine Particle (PM2.5) – Maximum Annual Design Value Trends 42

43. July 18, 1997: U.S. EPA Established A New PM2.5 Annual Standard Set At 15 µg/m 3 PM2.5 Annual Design Values (3-yr Average) Based on 2008-2010 Monitoring Data Standard at 15 µg/m 3 43

44. March 15, 2010: U.S. EPA Announced It Would Reconsider The Annual PM2.5 Standard Within A Range Of 11-14 µg/m 3 PM2.5 Annual Design Values (3-yr Average) Based on 2008-2010 Monitoring Data Standard at 13 µg/m 3 44

45. March 15, 2010: U.S. EPA Announced It Would Reconsider The Annual PM2.5 Standard Within A Range Of 11-14 µg/m 3 PM2.5 Annual Design Values (3-yr Average) Based on 2008-2010 Monitoring Data Standard at 11 µg/m 3 45

46. Fine Particle (PM2.5) – Maximum 24-Hour Design Value Trends 46

47. Based on potential revisions to the 24-hour standard. PM2.5 24-Hour Design Values (3-yr Average of 98 th Percentile) Based on 2008-2010 Monitoring Data Standard at 30 µg/m 3 47

48. Nitrogen Dioxide (NO 2 ) – Maximum Annual Design Value Trends 48

49. Nitrogen Dioxide (NO 2 ) – Maximum 1-Hour Design Value Trends 49

50. 1-Hour Sulfur Dioxide (SO 2 ) – Maximum 1-Hour Design Value Trends 50

51. June 6, 2010: U.S. EPA Announced A New SO2 1-Hour Standard Set At 75 ppb SO2 1-Hour Design Values Based on 2008-2010 Monitoring Data Standard at 75 ppb 51

52. Indiana Preliminary Designation Recommendations SO2 1-Hour Standard 52 June 6, 2010: U.S. EPA Announced A New SO2 1-Hour Standard Set At 75 ppb

53. Ozone – Maximum Design Value Trends 53

54. March 12, 2008: U.S. EPA Announced A New Ozone 8-Hour Standard Set At 0.075 ppm Ozone 8-Hour Design Values (3-yr Average 4 th High) Based on 2008-2010 Monitoring Data Standard at 0.075 ppm 54

55. January 6, 2010: U.S. EPA Announced Reconsideration Of The Ozone 8-Hour Standard (Proposed Range Of 0.060-0.070 ppm) Ozone 8-Hour Design Values (3-yr Average 4 th High) Based on 2008-2010 Monitoring Data Standard at 0.070 ppm 55

56. Ozone 8-Hour Design Values (3-yr Average 4 th High) Based on 2008-2010 Monitoring Data Standard at 0.065 ppm January 6, 2010: U.S. EPA Announced Reconsideration Of The Ozone 8-Hour Standard (Proposed Range Of 0.060-0.070 ppm) 56

57. Ozone 8-Hour Design Values (3-yr Average 4 th High) Based on 2008-2010 Monitoring Data Standard at 0.060 ppm January 6, 2010: U.S. EPA Announced Reconsideration Of The Ozone 8-Hour Standard (Proposed Range Of 0.060-0.070 ppm) 57

58. PollutantStandard 0-4 Years of Age 5-19 Years of Age Over 65 Years of AgeTotal 1-hr SO275 ppb99,372224,980155,191479,543 8-hr O370 ppb112,065262,598154,993529,656 8-hr O360 ppb303,575766,409518,4911,588,475 Annual PM2.513 ug/m3115,238268,206175,220558,664 Annual PM2.511 ug/m3253,641616,194440,3061,310,141 24-hr PM2.530 ug/m354,424140,99192,043287,458 Total 938,3152,279,3781,536,2444,753,937 Population Compared to the Current and Potential NAAQS 58

59. Thank You Tom Easterly Commissioner Indiana Department of Environmental Management 317-232-8611 teasterly@idem.in.gov 59