Transcript Indiana Chapter of AWMA 10th Annual Winter Technical Meeting December 15, 2011 Thomas W.

Indiana Chapter of AWMA
10th Annual Winter Technical Meeting
December 15, 2011
Thomas W. Easterly, P.E., BCEE, QEP Commissioner
IN Department of Environmental Management
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IDEM’s Mission
We Protect Hoosiers and Our Environment
IDEM’s mission is to implement federal and state
regulations to protect human health and the
environment while allowing the environmentally
sound operations of industrial, agricultural,
commercial and government activities vital to a
prosperous economy.
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How Does IDEM Protect
Hoosiers and Our 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.
3
How Does IDEM Protect
Hoosiers and Our Environment?
•
•
Use compliance assistance and/or
enforcement when people exceed their
permit levels or violate regulations.
Educate people on their environmental
responsibilities.
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25 Years of Progress
http://www.in.gov/idem/files/state_of_environment_2011.pdf
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25 Years of Progress
• Air Quality:
– 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.
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Percent Difference Between Highest Historical Monitored Concentration (Left Bar) and Highest
Most Current Monitored Concentration (Right Bar) - Statewide
250%
200%
Percent of Original Standard
-38%
150%
-80%
-83%
-20%
-27%
100%
-89%
-46%
-27%
-88%
-69%
50%
0%
1-Hour CO
8-Hour CO 24-Hour PM10 Annual PM2.5 Daily PM2.5 24-Hour SO2 Annual SO2
8-Hour O3
Annual NO2
Lead
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1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
Concentration (ug/m3)
Lead Maximum Values
Marion County 1977-2010
3.5
3
2.5
2
1.5
1
0.5
0
Year
Lead Values
1978 Lead Standard
2008 Lead Standard
Trendline
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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 in early 2012.
– 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.
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25 Years of Progress
• Cleanup of Contaminated Sites:
– Since 2005, Indiana has cleaned up more than
2,500,000 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.
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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 and has updated our Water Quality
Monitoring Strategy to increase targeted
monitoring.
– IDEM has used the 319 grant process to fund
watershed improvement projects over the past
five years that have prevented annual
discharges of:
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25 Years of Progress
• Water Quality Improvements:
• 500,508,000 pounds of sediment
• 546,871 pounds of nitrogen
• 332,270 pounds of phosphorus
• 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.
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25 Years of Progress
• Water Quality Improvements:
• Big Walnut Creek
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
• Pigeon Creek
http://www.in.gov/idem/nps/files/watershed_success_epa_pigeon.pdf
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25 Years of Progress
• Administratively extended NPDES
permits.
– In 2005, there were 263 administratively
extended NPDES permits—All of them have
now been successfully renewed (last ones in
October 2011).
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Comparison of Region 5 States
Permitting Program Status
compiled by U.S. EPA Region 5 for
March 10, 2011 State
Environmental Directors Meeting
16
17
(573)
(295)
(650)
(597)
(Total Number of Title V Permits)
(385)
(467)
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25 Years of Progress
• Water Quality: Combined Sewer Overflows
– All 98 State lead CSO Communities and 6 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 4 Federal lead CSO communities.
– At least 27 of the CSO communities have
completed their projects to address the release of
untreated sewage during rain events.
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MERCURY MACT (NESHAP)
Proposal Published: May 3, 2011
Final Deadline: Currently December 16, 2011
• Annual rule cost $10.9 billion.
• Annual rule HAP benefit $5,000 to $6,000,000
(0.00209 IQ points per exposed person or 510.8 IQ
points per year in US out of 31 billion IQ points)
• Rule cost is between $1,211 and $2,180,000 per $1
of HAP benefit.
• Estimated annual co-benefits $53 to $140 billion.
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MERCURY MACT (NESHAP)
• HAPS: Hg, HCL, PM, THC, Dioxins / Furans
• Rule requires about 90% reduction in mercury
emissions.
• No MACT trading (except units at a single site).
• Mercury emissions in Indiana have decreased by
approximately 20% over the past 14 years, but
measured mercury deposition has decreased by
only 7% and there is no apparent change in
mercury fish concentrations in Indiana.
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Me rcury Conce ntra tion in India na Fish 1983 - 2006
1000
100
ppb=parts per billion
Oct-2007
Dec-2003
Feb-2000
Mar-1996
May-1992
Jul-1988
0
Aug-1984
10
Oct-1980
Mercury Concentration (ppb)
10000
Sa mple Da te
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CO2 (Green House Gasses)
The National Academy of Sciences report,
“America’s Climate Choices” recommends
that actions be taken now to start reducing
U.S. greenhouse gas emissions to levels
between 50% and 80% below 1990 levels.
• Achieving an 80% reduction from 1990 levels
would require a 81.4% reduction from 2009
levels.
• If we converted all U.S. fossil fuel use from
coal and oil to natural gas, we would achieve
a 23.9% reduction from 2009 levels.
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CO2 (Green House Gasses)
• The remaining emissions would need to be
reduced by 73.8% to reach the 80% target.
• Apparent choices are:
– Energy conservation.
– Increasing non-hydro renewable energy sources
from the current 5.5% market share.
– Carbon sequestration.
– Nuclear electricity.
• Is it possible to achieve the additional 73.8%
reduction?
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REMARKABLE AND CURIOUS TIMES
•
•
•
•
Power plants are getting cleaner and cleaner.
Air quality is getting better and better.
The economy is on its back.
Worldwide debate over the future of energy
policy.
• Increasing restrictions on the mining and
burning of coal and the disposal of coal ash.
• An avalanche of new action directly against
power generation in general and coal-fired
generation, in particular.
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UNPRECEDENTED FEDERAL INITIATIVES
Clean Air Act
o
o
o
o
CAIR (Clean Air Interstate Rule)/Transport
rule/CSAPR (Cross State Air Pollution Rule)
NAAQS revisions—SO2, NOx, Ozone, PM2.5
Mercury / HAPS (Hazardous Air Pollutants)
Greenhouse Gasses including CO2
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UNPRECEDENTED FEDERAL INITIATIVES
Clean Water Act
o
o
Intake structures (316(b))
Effluent guidelines
Resource Conservation and Recovery Act
(RCRA)
o
Coal combustion residuals (CCR)
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Protection of Downwind States
• The concept of the series of air transport
rules:
– Clean Air Interstate Rule (CAIR)
– Transport Rule
– Cross States Air Pollution Rule (CSPAR)
is that emissions in some states were
interfering with the attainment of air quality
standards in other states.
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Protection of Downwind States
• In 2005 a number of Counties including three
in Indiana did not meet all ozone and PM2.5
air quality standards. U.S. EPA projected that
over 100 counties would still not meet
standards by 2012.
• By the end of 2010 air quality in Indiana and
the rest of the country had improved to meet
the Ozone and PM2.5 air quality standards
addressed by CSAPR (except for two areas
impacted by local sources).
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Protection of Downwind States
Ozone
EPA predicted 2012 Non
Attainment counties (based
upon 2005 air quality)
Counties Attaining by 2009
Counties still needing
improvement at end of 2009
Counties with remaining
local source issues 2010
PM2.5 (Annual)
PM2.5 (24-Hour)
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103
9
27
83
2
5
20
1
1
1
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Protection of Downwind States
• Modeled projections by some groups indicate
that all areas of the country impacted by
transport may achieve the Ozone and PM
standards without the emission reductions
being required by CSAPR—actually happened
in 2010.
• The use of the 2005 as the base year instead of
a more recent year and U.S.EPA’s triple
weighting of the base year are bad for Indiana.
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CAIR/Transport Rule/CSAPR
• IDEM expected to meet the Transport Rule
Statewide caps for 2012 without additional
controls, CSAPR reduced those caps by 29%-not currently achievable.
• IDEM expected that we would need one current
project completed and another source controlled
to meet the 2014 caps. CSAPR reduced the
caps by 20%.
• CSAPR annual cost estimated to be $2.4 billion.
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CAIR/Transport Rule/CSAPR
• U.S. EPA is implementing CSAPR through a
Federal Implementation Plan (FIP) before
allowing the States to implement the rule.
• The State has no role in CSAPR unless we
modify our State Implementation Plan (SIP).
• U.S. EPA is moving to approve our requests to
redesignate the State of Indiana to attainment
for PM2.5 now that CSAPR is in effect.
• This rule will also allow U.S. EPA to approve our
BART SIP submission.
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CAIR/Transport Rule/CSAPR
• The State of Indiana has filed three actions to
respond to CSAPR:
– A petition to reconsider the rule with U.S. EPA.
– A petition for judicial review of the rule with the
DC Court of Appeals.
– A request for a stay of the rule with the DC Court
of Appeals.
• We are also working with LA, OH, TX and
WV to advocate reconsideration of the rule.
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IDEM 2011-2012 GOALS AND
CHALLENGES
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2011-2012 IDEM Major Goals
• Complete Antidegradation Rulemaking Process.
• WPCB Preliminary Adoption September 19, 2011.
• Third Notice Comment Period December 7 to
December 30, 2011.
• Final Adoption consideration by WPCB in 2012.
• Obtain U.S. EPA approval of attainment
designations for PM2.5 for all of Indiana:
• Evansville is Final and effective.
• NW Indiana is Final and effective 2/6/2012.
• Indianapolis and Cincinnati direct final published—
U.S. EPA is responding to comments received.
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2011-2012 IDEM Major Goals
• Complete CAFO/CFO Rulemaking Process.
• Done Final Adoption November 9, 2011.
• Adopt RISC Closure Guidance as an NPD.
• Released for public comment May 6, 2011.
• Final Presentation to SWMB in 1st Quarter 2012.
• Reissue NPDES General Permits
Administratively and address antidegradation
requirements.
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2011--2012 IDEM Challenges
• Attainment and nonattainment designations
for new SO2 Standard and 0.075 Ozone
Standard.
• Complete implementation of major IT
initiatives: Virtual File Cabinet, Digital
Inspector, TEMPO.
• Respond to U.S. EPA’s Cross States Air
Pollution Rule (CSAPR) which replaced the
Transport Rule.
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2011--2012 IDEM Challenges
• Other possible U.S. EPA decisions such as
316(b) cooling water intakes, no Coal
Combustion Waste decision expected in
2011.
• Develop and implement plan for seamless
implementation of water program
responsibilities currently assigned to: IDEM,
ISDH, IDNR, IDHS, and ISDA.
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Questions?
Tom Easterly
Commissioner
Indiana Department of Environmental Management
317-232-8611
[email protected]
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