Transcript Indiana Chamber of Commerce January 18, 2011 Thomas W. Easterly, P.E., BCEE, QEP Commissioner IN Department of Environmental Management.

Indiana Chamber of Commerce
January 18, 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.
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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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Performance Metrics Dec 2010
Quality of Hoosiers' Environment
Result
Target
% 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
95.4%
100%
20%
94+9 (103) out of 98+9
(108)
% of Hoosiers receiving water from facilities in
compliance with safe drinking water standards
99.3%
99%
95%
Comments
Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute
Land
12,402
66,565
86,864
Air
21,789
207,000
385,000
Water
24,558
48,000
200,000
* Places emphasis on back logged permits
Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards
Inspections
96.45%
97%
75%
Self reporting
96.60%
99%
95%
Continuous monitoring (COM)
99.82%
99.90%
99%
* Tracks observations and not just inspections
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Performance Metrics June 2005
Quality of Hoosiers' Environment
Result
Target
Comments
% of Hoosiers in counties meeting air quality
standards
61%
100%
80%
12 counties & 2,408,571 of
6,195,643 above standard
% of CSO Communities with approved programs
to prevent the release of untreated sewage
4%
100%
20%
75% by 2007 is goal
Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute
Land
100,013
66,565
86,864
Air
511,000
207,000
385,000
Water
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
95.46%
97%
75%
Self reporting
97.11%
99%
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
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Discussion Topics
• IDEM Legislative Agenda
• Rules:
– Antidegradation
– Greenhouse Gas Permitting
– Outdoor Hydronic Heaters
• Air Issues
• Water Issues including NPDES Permit Issuance
• Land Issues including RISC Technical Guidance
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2011 IDEM Legislative Agenda
• No fee increase proposals.
• IDEM Issuance of NPDES General Permits.
– SB200 scheduled to be heard today upon
adjournment.
• Permit Terms.
• Conflict of Interest of board members.
• Define duties and funding for SWMDs.
– Not assigned yet, so no number
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2011 IDEM Legislative Agenda
• SB 433 Environmental issues is the IDEM
general bill that passed the senate last year.
– Authorization to pursue delegation for U.S. ACE 404
and U.S. EPA UIC programs.
– EQSC study of funding for environmental programs.
– Solid Waste Landfill instead of Sanitary Landfill
– Replace “wastewater” with “septage.”
– Many other fix-up issues (47 sections).
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Other Environmental Bills
• SB 67 Procedures in administrative
proceedings.
• SB 159 Air pollution tailoring rules.
• SB 202 Environmental approvals and other
issues (agricultural).
• SB 346 Environmental legal action statute of
limitations.
• SB 347 Underground storage tank issues.
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Other Environmental Bills
• HB1112 Land application of industrial waste
products.
• HB1121 Unused medications.
• HB1134 Confined feeding operation manure.
• HB1187 Manure storage structures.
• HB1200 Immunity for certain brownfield
activities.
• HB1234 Recycled newsprint fee.
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Antidegradation
• Second Notice Comment Period closed
January 30, 2010—31 different commenters
• There will be a third notice on the rule as
preliminarily adopted
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Antidegradation
• Major Issues Raised
– Trigger for Antidegradation Review
– What pollutants should be covered (Pollutant of
concern)
– BADCT
– Level of deminimis
– Exemptions
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Antidegradation Rule
• Drafting response to comments and revised
proposed rule language.
• Need to submit rule fiscal analysis at least 66
days before proposed preliminary adoption.
• Earliest preliminary adoption possibility is April
2011.
• Plan to distribute the proposed rule and
response to comments to stake holders at least
60 days prior to preliminary adoption.
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GHG Air Permits
• All permits issued after 1/1/2011 that require
PSD review and also increase GHG emissions
by at least 75,000 tpy need GHG BACT.
• All permits issued after 6/30/2011 that
increase GHG emissions by 75,000 tpy need
GHG BACT and all sources with GHG emissions
of at least 100,000 tpy need operating permits
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GHG Air Permits
• IDEM has used the expedited Section 8
rulemaking process and emergency
rulemaking to obtain legal authority to issue
the federally required GHG permits starting on
1/3/2011.
• We can use the same process to adjust the
rule for any changes due to congressional or
court action.
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Outdoor Hydronic Heaters
• Rule scheduled for final adoption consideration
at the February 2, 2011 Air Pollution Control
Board meeting in Lafayette, IN.
• The current issue of the Air and Waste
Management Association’s Environmental
Manager publication has articles on the air
pollution impacts of these devices.
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Potential Regulatory Issues--Air
• New 75 ppb 1 hour SO2 Air Quality Standard—
Modeling Challenges.
• New 100 ppb 1 hour NOx Air Quality Standard.
• EPA reconsideration of 0.075 ozone standard—
postponed until July 2011.
• EPA inaction on PM2.5 redesignation requests.
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Indiana Water Issues
• Environmental Group Petition for Withdrawal of
Approval of the NPDES Program.
– Antidegradation
– General Permits
– Coal Mines
• Algae issues and nutrient regulations.
– Great Lakes, Gulf of Mexico, Ohio River, Indiana
lakes, rivers and reservoirs.
• Pesticide General Permit.
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Office of Water Quality
Permits
• NPDES Permit Backlog Reduction
– 2005: 263 backlogged permits
– 2011: 4 backlogged permits
– List includes:
•
•
•
•
US Midwest. Reviewing Public Comments
ArcelorMittal Burns Harbor. Reviewing Public Comments
ArcelorMittal Indiana Harbor East. Drafting
ArcelorMittal Indiana Harbor West. Drafting.
Potential Regulatory Issues--Land
• RISC guidance and regulations implementing
HB1162.
• Coal combustion waste regulations.
• U. S. EPA to speed up review of pollutant risk
evaluations.
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Thank You
Tom Easterly
Commissioner
Indiana Department of Environmental Management
317-232-8611
[email protected]
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