Transcript CLEAN Annual Meeting May 22, 2012 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management.

CLEAN Annual Meeting
May 22, 2012
Thomas W. Easterly, P.E., BCEE, QEP Commissioner
IN Department of Environmental Management
1
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.
2
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.
4
Why is CLEAN Important?
• Encourages and recognizes environmental
improvements that are not otherwise
required.
• Improves communication between IDEM and
participants.
• Helps communities identify and address their
most important environmental issues.
5
“New” IDEM Programs
• (Water) Antidegradation—Applies to new or
increased loadings of regulated pollutants due
to deliberate actions.
• There are exemptions for:
– Short term temporary discharges.
– De minimis discharges (<10% of available capacity).
– Changes in loadings covered by an existing permit.
6
Water Antidegradation
• Three basic tests:
– Is the new loading necessary?
– Is the proposed treatment (discharge) level
appropriate?
– Do the social and economic benefits of the activity
outweigh the environmental degradation?
• Additional protection requirements for OSRWs.
7
“New” IDEM Programs
• Pesticide General Permit—authorizes the
application of pesticides and herbicides that
result in a discharge to waters. Thresholds:
– 6,400 cumulative acres of land per year.
– 80 acres of water per year.
– 20 linear miles of ditch or waters edge per year.
• Existing dischargers must submit their Notice of
Intent (NOI) by November 1, 2012.
8
“New” IDEM Programs
• Open Burning Amendments—exemption added
for prescribed burning by municipalities and
county governments for:
– Wildlife habitat maintenance, forestry purposes,
natural area management, and firefighting and fire
prevention.
• Exemption for respectful retirement of U.S. flags.
• Allows municipal fire departments to burn two
single family dwellings per year for training
9
“New” IDEM Programs
• (Petroleum) Under Ground Storage Tank
Operating Training:
– Free on-line training accessible from IDEM website
www.idem.gov .
– Training must be completed by August 8, 2012.
– Further information at
http://www.in.gov/idem/4999.htm
10
25 Years of Progress
http://www.in.gov/idem/files/state_of_environment_2011.pdf
11
12
Backlogs Eliminated
• On January 10, 2005 there were 263
administratively extended NPDES permits and
289 unissued Title V permits. All of those have
been issued and IDEM now issues permits using
less than 85% of the statutorily allowed days.
• On January 10, 2005 there were 250 unresolved
enforcement cases over 2 years old. Now the
oldest referral on our tracking list is July 8, 2010.
13
Permits--Percent of Statutory Days
14
State Air Quality Status 2008 to 2010
Attains
Does Not Meet the PM Standards
Does Not Meet the Ozone standard
Does Not Meet the Ozone and PM
Location of the State Capitals
State Boundaries
15
25 Years of Progress
• Water Quality: Combined Sewer Overflows
– All 98 State lead CSO Communities and 7 of the 10
Federal lead Communities have entered legal
agreements to address their CSO issues.
– We are working with U.S. EPA to speed the progress on
the remaining 3 Federal lead CSO communities.
– At least 31 of the CSO communities have completed
their projects to address the release of untreated
sewage during rain events.
16
17
18
Fish Tissue Mercury
• Mercury emissions in Indiana have
decreased by approximately 20% over the
past 14 years.
• Measured mercury deposition has
decreased by 7% during this time.
• In spite of these reductions, there is no
apparent change in mercury fish
concentrations in Indiana.
19
Protection of Human Health
• U.S. EPA’s “acceptable” fish mercury levels
are 0.3 mg/kg which is 300 ppb.
• While the average fish tissue mercury levels
in Indiana have not changed, they are less
than one half of this level.
• Indiana has historically called a stream
impaired for mercury if a single analytical
result (average of 3 fish) exceeded 300 ppb.
20
Protection of Human Health
• At the end of 2010, U.S. EPA issued new
guidance on the proper interpretation of the
fish tissue data.
• U.S. EPA’s guidance indicates that a
properly calculated average mercury value
is the appropriate interpretation of the limit.
• IDEM will propose revised impairments after
reevaluating its mercury data using the new
U.S. EPA guidance.
21
Mercury Air Toxics Rule (MATS)
Final Rule Effective: April 16, 2012
• Annual rule cost $9.9 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 $1,650 and $1,980,000 per
$1 of HAP benefit.
• Estimated annual co-benefits $53 to $140 billion.
22
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
23
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).
24
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)
11
32
103
9
27
83
2
5
20
1
1
1
25
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.
26
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.
27
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.
28
CAIR/Transport Rule/CSAPR
• Success to Date: On December 30, 2011, the
DC Circuit Court of Appeals issued a Stay of
CSAPR and held a hearing on the merits of
the appeals in April.
• Cost of Success: U.S. EPA placed a hold on
the PM2.5 attainment designation for the
Indianapolis Area which had been sent to the
Federal Register, but not published.
29
IDEM 2011-2012 GOALS AND
CHALLENGES
30
2011-2012 IDEM Major Goals
• Complete Antidegradation Rulemaking
Process.
• Done WPCB Final Adoption March 14, 2012.
• Obtain U.S. EPA approval of attainment
designations for PM2.5 for all of Indiana:
• Evansville and Cincinnati and Northwest Indiana
are final and effective.
• U.S. EPA will discuss the Indianapolis and
Louisville areas on May 31.
31
2011-2012 IDEM Major Goals
• Complete CAFO/CFO Rulemaking Process.
• Done Final Adoption November 9, 2011.
• Adopt Remediation Closure Guidance and
Remediation Program Guidance as NPDs.
• Done, presented to SWMB February 21, 2012.
• Effective March 22, 2012.
• Start Rulemaking for Numeric Nutrient WQS.
32
2011--2012 IDEM Challenges
• Administratively reissue NPDES General
Permits and address antidegradation
requirements.
• Develop and implement plan for seamless
implementation of water program
responsibilities currently assigned to: IDEM,
ISDH, IDNR, IDHS, and ISDA.
33
Questions?
Tom Easterly
Commissioner
Indiana Department of Environmental
Management
317-232-8611
[email protected]
34