Environmental Quality Service Council IDEM Report August 18, 2006

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Environmental Quality Service CouncilIDEM
ReportAugust 18, 2006

• Thomas W. Easterly, P.E., DEE, QEP Commissioner
• IN Department of Environmental Management

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Thank You for Helping IDEM During the 2006
Legislative Session

• HB1110Removal of Mercury Convenience Switches
  from End of Life Motor Vehicles.
• SB 234Improving the rulemaking process and
  authorizing the Environmental Stewardship
  Program.
• HB1117Simplifying the solid waste statutes and
  eliminating the groundwater task force.
• SB 146Removing the Property Transfer Disclosure
  Form from Statute.

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IDEMs Environmental Goal

• Increase the personal Income of all Hoosiers
  from the current 0.88/1.00 of the national
  average to at least 1.00/1.00 of the national
  average while maintaining and improving Indianas
  Environmental Quality.

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How is Personal Income Linked to Environmental
Improvement?

• Maslows Pyramid reminds us that people meet
  their basic needs for food, shelter and security
  before addressing other needs
• In most of Indiana, personal autos for
  transportation are a basic need
• People with lower incomes can often only afford
  older more polluting automobiles which contribute
  more than their share to our transportation
  related air quality issues

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Income and the Environment

• People with more income typically purchase newer
  cars that pollute less
• Similarly, newer industrial processes have less
  waste (more product per unit of input)
• Waste typically becomes pollution
• Financially successful industries typically are
  able to purchase these newer processes that
  pollute less

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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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How Will IDEM Help 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

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How Does IDEM Protect the Environment?

• Measure the air, water and land to determine the
  existing state of the environment.
• Compare the measured values to levels that
  protect human health and the environment.
• Ambient Air Quality Standards
• Water Quality Standards
• Use modeling to determine how much of a substance
  can be added to the environment.

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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.
• Enforce against people who exceed their permit
  levels or violate regulations
• Educate people on their environmental
  responsibilities.

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Performance Metrics
Quality of Hoosiers' Environment Result Target Target Comments
of Hoosiers that live in counties that meet air quality standards 77 100 80 5 counties _at_ 1,419,455 of 6,271,973 failed
of CSO Communities with approved programs to prevent the release of untreated sewage 27 100 20 75 by 2007 is goal
Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute
Land 122,463 37,430 86,864 238 permits 750 permits 125 permits
Air 445,827 207,731 385,000 238 permits 750 permits 125 permits
Water 188,724 44,550 200,000 238 permits 750 permits 125 permits
Places emphasis on back logged permits Places emphasis on back logged permits Places emphasis on back logged permits Places emphasis on back logged permits
Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards
Inspections 95.33 97 75
Self reporting 98.05 99 95
Continuous monitoring (COM) 99.38 99.90 98.95
Tracks observations and not just inspections Tracks observations and not just inspections Tracks observations and not just inspections Tracks observations and not just inspections
Organizational Transformation Budgetary agency dollars spent on key outside contracts for core agency functions. Organizational Transformation Budgetary agency dollars spent on key outside contracts for core agency functions. Organizational Transformation Budgetary agency dollars spent on key outside contracts for core agency functions. Organizational Transformation Budgetary agency dollars spent on key outside contracts for core agency functions. Organizational Transformation Budgetary agency dollars spent on key outside contracts for core agency functions.
Dollars spent on outside services per year 5,079,367 0 3,447,017 Will require increase in head count to accomplish
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Counties above AQ Standards

• January 10, 2005
• Allen
• Boone
• Clark
• Dubois
• Elkhart
• Hamilton
• Hancock
• Madison
• Marion
• Shelby
• St. Joseph

• October 1, 2005
• Clark
• Dubois
• Hamilton
• Marion

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Counties above AQ Standards

• January 1, 2006
• Clark
• Dubois
• Hamilton
• Marion
• Vanderburgh

• October 1, 2006 (Projected)
• Clark
• Dubois
• Marion
• Vanderburgh

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Ozone Attainment Status
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Major Voluntary Air Emission Control Announcements

• Alcoa will add Scrubbers for SO2 Emission Control
  to all units at its Warrick Power Plant near
  Newburgh.
• Indiana Kentucky Electric Corporation will add
  Scrubbers for SO2 Emission Control to all six of
  its units in Madison.

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The following 32 CSO communities have either an
approved LTCP or sewer separation

• Akron
• Albion
• Aurora
• Avilla
• Berne
• Bluffton
• Brazil
• Bremen
• Brownsburg
• Butler
• Chesterfield
• Columbia City
• Columbus
• Decatur
• Greenfield
• Kendallville

• Knox
• LaGrange
• LaPorte
• Markle
• Michigan City
• Milford
• New Haven
• Ossian
• Remington
• Seymour
• Sullivan
• Veedersburg
• Warren
• Warsaw
• Waterloo
• Winamac

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Permitting

• IDEM is still meeting the statutory deadlines for
  permit issuance, as reported in past years

• IDEM now tracks the total calendar days a permit
  is in house and is applying a deadline to permits
  that traditionally do not have a statutory
  deadline as a new interpretation to the intent
  of statutes

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Total Permit Calendar Days
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Air Permits for New Facilities

• New Toyota Production at Lafayette Suzuki
  Facility
• Louis Dreyfus Soy Biodiesel PlantLargest in the
  US
• Ten new Ethanol Production Facilities

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Office of Enforcement2002-2006
2002 2003 2004 2005 2006
Referrals 887 607 467 547 324
Violation Letters 17 33 47 203 125
Notice of Violations 561 457 318 202 281
Agreed Orders 311 349 314 258 237
Commissioner's Orders 15 15 6 41 28
Dismissals 125 121 44 48 29
August 1, 2006
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The 120 Cases over Two Years Old

• March 2005, notified regulated community that
  IDEM wanted old cases resolved by June
• 90 cases resolved (approximately)
• 20 settlements pending
• 10 commissioner orders issued
• Purpose clear the process and get on fresh
  footing with the regulated community

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Poor Data Systems Caused Confusion

• 120 cases over 2 years old (119)
• 40 Resolved by 6/10
• 19 Additional resolved by 10/12
• Industry asking why they were not included when
  they had old cases on the books

• 120 cases reported some of which were old
• Issued 8 old and 2 newer Commissioners Orders by
  6/10/05
• 40 of these were older than 2 years

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Status of the 119 Old Cases

• 110 have been moved through the process
• 63 Agreed Orders
• 24 Commissioners Orders
• 12 Dismissals
• 1 Referred to EPA
• 5 Referred to the Attorney General
• 3 Deferred due to Criminal Prosecution
• 3 Violation Letters Issued

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Status of the 119 Old Cases

• The Remaining 9 old cases involve 4 facilities
• 1 Air Case with Citizens Gas Coke Utility
• 5 Air Cases with U.S. Steel
• 2 Air Cases with Grain Processing Corp
• 1 Water Case with the City of Warsaw
• Each of these Cases is in Active Negotiation and
  each of these parties is taking actions to
  improve the protection of the environment during
  the negotiations.

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Possible Issues for 2007 Legislation
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Possible 2007 Legislative Issues

• Budget
• Federal Funds continuing to decrease
• State General Funds fluctuate
• Except for Title V, Dedicated fund charges not
  well related to program costssome programs like
  CAFOs, Methamphetamine clean-up and Mercury
  Switch management completely unfunded.
• Environmental Crimes Legislation from Senator
  Kenleys Task Force

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Environmental Crimes Task Force

• Environmental Crimes Task Force (SEA 195) has
  been meeting since October, 2006.
• Chaired by Senator Kenley
• Developing more specific environmental criminal
  statutes.
• Plan to bring draft legislation to the EQSC this
  year.

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Possible 2007 Legislative Issues

• Streamlined Rulemaking when adopting Federal
  Requirements (including deadlines) without
  change.
• Ask EQSC to study Environmental Rulemaking
  Process.
• Request Legislative authority to bank unused
  Supplemental Environmental Project Value and
  perhaps recover with a tax credit.
• Consider Prohibiting the Commissioner from
  renewing a permit for a facility that was not
  constructed or has not operated for the past 5
  years.

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Possible 2007 Legislative Issues

• Streamline the OEA (Office of Environmental
  Adjudication) Process, especially for permit
  appeals. Issues include
• Standing
• Timeliness of decisions
• The Standard of Review (i.e. Arbitrary and
  Capricious)
• Potential for the Collection of damages
• Current Roles of Environmental Districts
• Regional Water and Sewer Districts
• Solid Waste Management Districts

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Major Regulatory Initiatives

• Rulemaking to establish presumptive 8-1-6 VOC
  BACT controls to streamline permitting
• Acid Scrubbers for foundry core making amines
• Compliance with certain NESHAPs
• Rulemaking to require the removal of mercury
  convenience switches from automobiles prior to
  crushing or shredding
• Rulemaking to allow Performance Track (Indiana
  Environmental Stewardship Program)Will be
  accepting applications in September.

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Major Regulatory Initiatives

• Regulations to facilitate the proper management
  of e-scrap.
• Outdoor Wood Fueled Boilers.
• Utility NOx, SO2 and Mercury emission rules
• CAIR, which regulates NOx and SO2, has been
  preliminarily adopted by the Air Pollution
  Control Boardgeneral consensus.
• CAMR, regulating mercury, has not been second
  noticed because there has been no resolution of
  issues between Utilities which favor the federal
  program and the Hoosier Environmental Council
  which favors a 90 reduction.