1. Measuring Compliance in Indiana ECOS Compliance Committee April 1, 2014 Thomas W. Easterly, P.E., BCC, Commissioner Indiana Department of Environmental Management 1

2. Why Measure Compliance? What gets measured gets done. If you are not keeping score, you are just practicing. Helps focus limited resources on most significant issues. 2

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4. Office of Water Quality 1Q 2014 NPDES Inspection Compliance NumberObservationsSatisfactory or Marginal % Compliance Major Industrial1516515795.2% Major Semi- public 166100.0% Major Municipal3240938092.9% Majors Total4858054393.6% Minors Total3193322305792.0% TOTALS3673902360092.3% 4

5. Office of Water Quality 1Q 2014 NPDES Inspection Compliance NumberObservationsSatisfactory or Marginal % Compliance Minor Industrial4844342896.6% Minor Semi-public7781171287.8% Minor Municipal1011204108390.0% Minor Pretreatment 4848445894.6% Minor General3830630399.0% Minor Federal166100.0% Minor State6646398.4 Minor Totals3193322305792.0% 5

6. Performance Metrics December 2013 ResultTargetComments Quality of Hoosiers' Environment % of Hoosiers that live in counties that meet air quality standards 87.64%100%80% Muncie Lead; Ozone in Clark, Floyd, Greene and LaPorte Counties, Sulfur Dioxide in parts of Daviess, Marion, Morgan, Pike and Vigo Counties % of CSO Communities with approved programs to prevent the release of untreated sewage 99.07%100%90% 98+9 (107) out of 99+9 (108). Not Gary % of Hoosiers that receive water from facilities in full compliance with safe drinking water standards 95.15%99%95% Failure to maintain minimum chlorine residual in Gary, Turbidity in Carmel Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute* Land24,42928,48831,839 33,515 statutory Air51,94453,55059,850 63,000 statutory Water28,32247,78753,409 56,220 statutory * Places emphasis on back logged permits Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards* Inspections96.41%97%75% Self reporting97.24%99%95% Continuous monitoring (COM)99.83%99.9%99.0% * Tracks observations and not just inspections 6

7. 7 Percent of Activities Meeting Regulations

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9. Barriers to Improving % Compliance There is no federal focus on % compliance. –History, including the SRF white papers is focused on formal enforcement actions and penalties, not compliance. –HPV, SNC, SRF and ECHO drive consequences—focused on majors. –Entire environmental event to consequence process from violation to resolution is too slow to give effective feedback to permit holder. 9

10. Compliance Rates (2008-2013) 10