Indiana Chamber of Commerce Environmental Permitting Seminar June 14, 2011 Thomas W. Easterly, P.E., BCEE, QEP, Commissioner Bruno Pigott Assistant Commissioner Office of Water Quality Paul Higginbotham Chief, Permits Branch Office of Water Quality 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

Performance Metrics April 2011

Quality of Hoosiers' Environment

Result Target Comments % of Hoosiers in counties meeting air quality standards

99.99% 100% 80% Muncie Lead —675 people

% of CSO Communities with approved programs to prevent the release of untreated sewage % of Hoosiers receiving water from facilities in compliance with safe drinking water standards

95.4% 99.6% 100% 99% 20% 95% 94+9 (103) out of 98+9 (108)

Permitting Efficiency

Total calendar days accumulated in issuing environmental permits, as determined by state statute

Land Air Water

28,809 91,841 70,760 66,565 207,000 48,000 86,864 385,000 200,000 * Places emphasis on back logged permits

Compliance

Total percentage of compliance observations from regulated customers within acceptable compliance standards

Inspections Self reporting Continuous monitoring (COM)

97.36% 94.82% 99.72% 97% 99% 99.90% 75% 95% 99% * Tracks observations and not just inspections 5

Performance Metrics June 2005

Quality of Hoosiers' Environment

Result Target Comments % of Hoosiers in counties meeting air quality standards % of CSO Communities with approved programs to prevent the release of untreated sewage

61% 4% 100% 100% 80% 20% 12 counties & 2,408,571 of 6,195,643 above standard 75% by 2007 is goal

Permitting Efficiency

Total calendar days accumulated in issuing environmental permits, as determined by state statute

Land Air Water

100,013 511,000 66,565 207,000 86,864 385,000 301,000 48,000 200,000 * Places emphasis on back logged permits

Compliance

Total percentage of compliance observations from regulated customers within acceptable compliance standards

Inspections Self reporting

95.46% 97.11% 97% 99% 75% 95%

Continuous monitoring (COM)

99.19% 99.90% 98.95% * Tracks observations and not just inspections

Organizational Transformation

Budgetary agency dollars spent on

key

outside contracts for core agency functions.

Dollars spent on outside services per year $6,179,367 $0 $3,447,017 6

7

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

8

(573) (650) (385) (295) (597) (Total Number of Title V Permits) (467) 9

10

11

12

13

Office of Water Quality

• Water Quality Improvement • Success Stories 2010 • Permitting Priorities 2011

Indiana Water Quality Changes over 25 Years

• Improvements in Water Quality Noted in Fish Tissue Analysis: – PCBs – Dieldrin – DDT

1000000 100000 10000 1000 100 10 0 Trend of Total PCB in Indiana Fish 1983-2008 No Consumption FCA Level >2.0 mg/kg Unlimited consumption FCA level < 0.05 mg/kg YEAR

Median

10000 Trend of Dieldrin Concentration in Indiana Fish 1983-2008 1000 100 10 0 YEAR

Median

10000 1000 100 10 0 Trend of Total DDT in Indiana Fish 1983-2008 YEAR

Median

Success Stories 2010

• Staff worked hard with fewer people • Completed core work with reduced resources • Two Notable projects – Ground Water Monitoring Network – Blue Green Algae Monitoring

• • •

Ground Water Monitoring Network

Determine the quality of ground water in the state’s aquifers by examining private residential wells and public water supply wells across Indiana Fill in the ground water data gap from previous years in Indiana’s Water Monitoring Strategy Provide the public with access to the ground water sampling data

GWMN Site Locations

Summary

• The GWMN is a “snapshot” of ambient ground water quality across Indiana • Goal: create a robust dataset representative of ground water quality across Indiana • The GWMN is a planning tool to help address point source and non-point source contamination

Why Worry About Blue-Green Algae?

• • •

The Problem

Drinking Water – Taste and Odor Compounds • Geosmin and MIB (methylisoborneol) • Not toxic Recreation – High cell counts: Dermatitis – Toxin Production: Neuro and hepatotoxins • • Microcystin, Cylindrospermopsin, Saxitoxin, Anatoxin Ingestion/inhalation while swimming Ecological – Dissolved Oxygen Depletion

•

Blue-Green Algal Blooms: Causes

Complicated lake system dynamics – Eutrophic systems • Anthropogenic acceleration – Warm stagnant/still water – Seasonality – Nutrients • Phosphorus – Total Nitrogen plays a role, too • Water column and sediments

• • •

Blue-Green Algae Monitoring in Indiana

IU Bloomington – Clean Lakes Program • Bill Jones, Director IUPUI – Center for Earth and Environmental Science • Lenore Tedesco, PhD IDEM – Watershed Assessment and Planning Branch

IDEM’s Pilot Blue-Green Monitoring Program

• • • • Funded by a U.S. EPA Supplemental 106 Grant Two year funding cycle July through late September – Five lakes in 2010 – Eleven in 2011 Partnering with IUPUI Center for Earth and Environmental Science (CEES)

IDEM 2011 Lakes II

Top OWQ Priorities 2011

• Antidegradation.

• Reissue ArcelorMittal East and West NPDES permits.

• Develop General Permits for permits currently issued under general permit rules. • Develop Nutrient Water Quality Standard for lakes.

Antidegradation

•

Adoption of Antidegradation rule

– Work group sessions over two years.

– Issued a second notice of rulemaking with specific rule language.

– Received extensive comments. – Evaluated comments, considering rule changes.

Steel Mill Permits

•

Issue remaining backlogged NPDES individual permits.

– Arcellor Mittal East

Backlogged NPDES Permits

– Arcellor Mittal West 300

263

250 200

141

150 100 50 0

97 14 6

Ja n'0 5 S ep t'0 5 S ep t'0 6

Date

S ep t'0 7 A pril '0 8

General Permits

•

Develop General Permits for permits currently issued under general permit rules.

– EPA raised concerns about issuing general permits through rules.

– IDEM will convert those rules to general permits issued every five years.

– Statutory and rule changes will be necessary.

– Time frame: beyond 2011.

Phosphorus WQS for Lakes

– Increasing awareness that nutrients in the Midwest contribute to Gulf Hypoxia.

– OWQ has sampled waters to develop scientifically valid criteria for nutrient Water Quality Standards in lakes.

– OWQ developed a first notice of rulemaking.

– OWQ will initiate a workgroup to discuss the standard and implementation.

• •

Water Quality Permits Branch

Individual NPDES Permits – Compliance Schedules – Thermal Requirements – Water Intake Structures – Storm Water Requirements Challenges for NPDES Permitting – Permit Renewals – – Permit Requirements CSO Plans – Pesticide General Permit 34

Compliance Schedules

– When included in permits – For What?

– More closely scrutinized – Not linked with variances 35

Thermal

• Temperature Requirements – Found in most power plant permits and other large industrial NPDES permits – Variances can be requested – IDEM in the process of developing draft protocols to ensure that variance applications and renewals meet regulatory requirements and provide consistent data monitoring and data submittal.

36

Water Intake Structures

– Fish ‘impingement’ and ‘entrainment’ – EPA requirements – Requirements in permit renewals • Studies • Fish Return Structures • Intake water velocity 37

Storm Water Requirements

– Incorporated in all individual industrial permits – Newer non-numeric limits: BMPs – Developed as part of the discussions with EPA to withdraw their objection to the USS – Gary Works NPDES Permit – Incorporates the requirements found in the EPA Multi-sector General Permit 38

Challenges for NPDES Permits

• Permit Renewals – IDEM facing a large number of renewals at the same time.

– Working to issue within timeframes.

• Complete Applications • Denials if not complete – Power Plant Permits 39

Challenges for NPDES Permits

• Permit Requirements – Nutrients.

• Phosphorus • Limits Based on Narrative Standards • Limits Based on Standards: Implementation is Key.

– Region 5 EPA Review of Permits 40

Combined Sewer Plans

• OWQ has 16 CSO Plans to review and approve.

• Mostly small communities with few resources.

• Our goal is to complete the review and approval of all of the plans.

Pesticide General Permit

• Court Ruling Requiring General Permit for certain Pesticide Applications.

• Indiana Pesticide General Permit has been public noticed • Court granted EPA request for extension to October 31, 2011 • Legislation in US Congress • IDEM in holding pattern 42

Questions?

Tom Easterly Commissioner Indiana Department of Environmental Management 317-232-8611 [email protected]

Bruno Pigott Assistant Commissioner Office of Water Quality 317-233-2550 [email protected]

Paul Higginbotham Chief, Permits Branch Office of Water Quality 317-232-8631 [email protected]

43