Transcript Environmental Quality Service Council Annual Presentation September 2, 2009 Indiana Department of Environmental Management.

Environmental Quality Service Council
Annual Presentation
September 2, 2009
Indiana Department of Environmental
Management
1
Presentation Format
Dan Murray – Assistant Commissioner, Air
1. IDEM Accomplishments & Agency Initiatives
2. Office of Air Quality Update
Bruno Pigott – Assistant Commissioner, Water
1. Office of Water Quality Update
2. 2009 Legislation Implementation
Bruce Palin – Assistant Commissioner, Land
1. Office of Land Quality Update
2. 2009 Legislation Implementation
3. Petroleum Cleanup Programs
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IDEM’s Mission
IDEM is responsible for protecting human health
and the environment while providing for safe
industrial, agricultural, commercial and
governmental operation vital to a prosperous
economy.
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How Does IDEM Protect the
Environment?
1. Develop regulations and issue permits to restrict
discharges to the environment to safe levels.
2. Inspect and monitor permitted facilities to
ensure compliance with the permits.
3. Enforce against people who exceed their permit
levels or violate regulations.
4. Educate people on their environmental
responsibilities.
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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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Performance Metrics July 2009
Quality of Hoosiers' Environment
Result
Target
Comments
% of Hoosiers in counties meeting air quality
standards
98%
100%
80%
1 county & 106,673 of
6,376,792 above standard
% of CSO Communities with approved programs
to prevent the release of untreated sewage
93%
100%
20%
90+9 (99) out of 98+9
(107)
Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute
Land
27,695
66,565
86,864
138 permits
Air
66,978
207,000
385,000
293 permits
Water
38,155
48,000
200,000
108 permits
* Places emphasis on back logged permits
Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards
Inspections
96.36%
97%
75%
Self reporting
97.82%
99%
95%
Continuous monitoring (COM)
99.72%
99.90%
99%
* 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
$1,400,000
$0
$3,447,017
$1.4 OLQ
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Agency Accomplishments
• Virtual File Cabinet (VFC) project is 90%
complete with 48.5 million documents now
electronically available to the public.
• Agency-wide adoption of Continuous
Improvement using Lean/Kaizen
methodologies to improve processes and
increase efficiency.
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Agency Accomplishments
• Entire State met the 0.08 ppm Ozone air
quality standard for the period 2006-2008,
and we are working with USEPA to have Lake
and Porter Counties designated attainment.
• Entire State also meet the 0.075 Ozone air
quality standard for years 2008 & 2009.
• Entire state currently meets both the annual
and daily PM2.5 Air Quality Standards.
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Agency Changes
IDEM changes to improve service, environmental
quality and respond to tough fiscal times
1. Ended contracts with Local Air Pollution Control
Agencies
2. Suspended certain grants and loans programs
3. Returned enforcement staff to media program
compliance branches
4. Consolidated rulemaking sections into the Office
of Legal Counsel
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Agency Changes: Local Contracts
• Continuation of IDEM’s goal to use efficiency
gains to reduce contracting out of core
environmental protection functions.
• Local Agency Contracts amounted to about
$2M/year, not including IDEM oversight costs.
• Improves consistency across state with amount
of oversight and application of regulations.
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Agency Change: Grant and
Loan Program Suspension
• Grants and Loans from the following nonreverting funds were suspended as of
December 19, 2008: (as listed in budget report to legislature)
– 2580 Recycling Promotion Assistance Fund
– 2530 Solid Waste Recycling Fund
– 2640 Waste Tire Fund
• During economic crisis, it is critical to adequately fund core
government functions such as public safety, education, and
public health
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Agency Change: Enforcement
• No improvement in compliance rates in 4 years.
• Discussed enforcement models (separate office or
in program) with EPA headquarters – both in use
at EPA and other states and both can be effective
• Non-technical enforcement staff regularly “waiting
on program staff” under the control of other
managers to resolve cases.
• Enforcement-only responsibility = No incentive to
resolve cases
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Agency Changes: Enforcement
• Returned enforcement function and staff to the
air, water and land programs.
• Published Internal-Deliberative Compliance and
Enforcement Response Policy (CERP) as a Nonrule Policy Document to increase transparency
and facilitate understanding of the enforcement
process.
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Compliance and Enforcement
Response Policy (CERP)
• CERP was last revised in 2003 and was an
internal IDEM document.
• In an effort to increase transparency, we
updated the CERP and published it as a NonRule Policy Document under IC 13-14-1-11.5.
• It has been presented to 2 of the 3 rulemaking
boards (APCB today) and will be effective 45 days
from today.
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Agency Changes: Rulemaking
In January 2009, consolidated separate air, water
and land rulemaking sections into one Rules
Development Branch located in IDEM’s Office of
Legal Counsel.
1. Addressed ebb and flow of rulemaking in each
media program
2. Provided opportunity to cross train media-specific
rule writers
3. Better prepared for large rulemaking initiatives
4. Work closer with legal staff
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Office of Air Quality
Accomplishments
1. Ambient Air Quality across the State of Indiana
currently meets all effective National Ambient Air
Quality Standards (NAAQS).
2. Air quality continues to improve each and every year.
Note: Most NAAQS are currently being revised or scheduled for
revision. Most, if not all, will be lowered to be more strict.
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Office of Air Quality
Accomplishments
Air Permits Branch
• Permit Accountability
– Reduced backlog from 157 permits 1/1/08 to 6 remaining on 2/1/09
– Reduced permit days from 187,000 1/1/08 to 66,978 on 7/1/09
– Measurement today based on calendar days not permit days
• Use of Contractors
– Ended contracts with (3) out-of-state permit contractors - $3.5M/yr.
– Ended contracts with local agencies, (4) with permit services - $2M/yr.
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Office of Air Quality
Accomplishments
Compliance & Enforcement Branch



Integration of Compliance and Enforcement
Responsibilities
 Inspector manages noncompliance issue through
resolution
Identify unpermitted sources – Surface Coating Industry
 Letters sent in January (± 600)
Local Agency Responsibilities
 Compliance/Enforcement integration provided
resources to inspect additional facilities
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Office of Air Quality
Goal: Continue to Improve Air Quality
If NAAQS will continue to be lowered, must have ongoing
air quality assessment and planning activities.
1.
2.
3.
4.
Each air episode is analyzed for cause and contribution
Outreach efforts are targeted at nonattainment and
maintenance areas during peak times of year
Rulemaking focused on pollutants of concern
Partner with IDEM’s Office of Pollution Prevention &
Technical Assistance (OPPTA) to promote emission reductions
through voluntary efforts
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Office of Air Quality
Rulemaking
IDEM Rules Website: http://www.in.gov/idem/4087.htm
• New feature allows users to sign up for rules, permits
and other public notices (all IDEM programs)
Noteworthy Air Rulemaking in Progress:
1. Outdoor Hydronic Heaters (Woodfired Boilers)
2. Article 2 Permitting Rules – includes public
workgroup
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Office of Air Quality
Rulemaking
Several state and federal rulemaking initiatives
aimed at continued improvement of air quality:
1.
2.
3.
4.
5.
Clean Air Interstate Replacement Rule (CAIR)
Stage 1 Vapor Recovery- Expand to Statewide
Architectural, Industrial and Maintenance Coatings
Organic Solvent Degreasing - Expand to Statewide
Consumer and Commercial Products
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Questions?
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Office of Water Quality
Accomplishments
• NPDES Permit Backlog Reduction
• 2005: 263 backlogged permits
• 2009: 6 backlogged permits
• List includes:
– USS Gary Works. Under EPA review.
– US Midwest. Under EPA review.
– Arcelor Mittal Burns Harbor. Under EPA review
– Arcelor Mittal Indiana Harbor East. Drafting.
– Arcelor Mittal Indiana Harbor West. Drafting.
– Hoosier Merom. Drafting.
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Office of Water Quality
Accomplishments
Combined Sewer Overflow Reductions
• 107 Communities with Combined Sewers
• Two largest Combined Sewer Communities
implementing plan to reduce overflows
• 99 Communities with approved plans or under
enforceable mechanism to develop and implement plans
• 9 Communities being reviewed by USEPA
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Office of Water Quality
Rulemaking
Antidegradation
• Federal requirement that allows for discharge
of pollutants to water under specific
circumstances.
• Indiana law defines how we will make those
allowances and the rulemaking addresses
implementation of the law.
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Office of Water Quality
Rulemaking
Antidegradation (cont.)
• The current antidegradation rule only applies to the
Great Lakes basin.
• The proposed Draft Rule expands the
antidegradation procedures to apply to all waters
across the entire state; and:
– Increases public opportunities for information and input;
– Protects current "fishable/swimmable“ and other existing uses
of waters;
– Allows for the issuance of legal permits for discharges to
water; and,
– Does not allow the violation of water quality standards. 26
Office of Water Quality
Rulemaking
Antidegradation (cont.)
• Legislative changes mandated by House Enrolled Act 1162
have been incorporated into the rule.
• Stakeholder Workgroup meetings held.
• Four public meetings around the state.
• Draft rule to be ‘public noticed’ for 45 days in the Indiana
Register.
• After public notice, IDEM summarizes comments, may make
changes to the rule
• Draft Rule will be presented to the Water Pollution Control
Board for preliminary/final adoption.
• EPA will review the rule as well.
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Questions?
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Office of Land Quality
Accomplishments
• VX Destruction completed August 2008.
Decontamination and demolition with final
report October 2009.
• Auto Salvage Initiative – baseline, education,
Clean Yard Award Incentive Program,
reassessment of compliance.
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Office of Land Quality
Accomplishments
• Institutional Controls Registry
– Identifies sites subject to land use restrictions
• Ground water Ordinance
• Environmental Restrictive Covenant (≈400)
– www.in.gov/idem/5959.htm
– Link to satellite photo and Virtual File Cabinet
• Assigned staff position to develop compliance
strategy
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Office of Land Quality
Permits
• Eliminated renewal backlog.
• Last quarter 316 decisions issued in 54% of
the time allowed.
• One third of those were septage renewals.
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Office of Land Quality
Rulemaking in Development
• UST Operator Training
• Digester Rule
• Remediation Rule
• CFO/CAFO Rule(s)
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Confined Feeding Report
• Full report is included in agency reports
packet distributed this morning.
• Total number of inspections decreased due to
fewer new farms being permitted.
• Increased routine inspections by ≈10%.
• Violations decreased by ≈22%
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Confined Feeding Report
• Spill results are similar to FY 2008
• 3,199 total spills reported to IDEM from
July 1, 2008 to June 30, 2009
– 66 Total Animal Waste Spills; 10 from regulated
farms
• 8 CAFOs
• 2 CFOs
• 56 spills from unregulated farms
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IDEM 2009 Legislative Changes
• SEA 221 – Good Character and Public Notification
Requirements for Confined Feeding Operations
(CFO/CAFO)
• HEA 1589 – Electronic Waste (OPPTA Implementation)
– Manufacturers responsible for assuring collection and
recycling of sixty percent (by weight) of electronics they sell
to Indiana households, starting January 1, 2010.
– IDEM working with Indiana Recycling Coalition and Chamber
of Commerce and industry to maximize effectiveness and
minimize burden.
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IDEM 2009 Legislative Changes
• HEA 1162 Revised Remediation Approach
– Allows facilities to propose a remediation remedy based
on managing risk and preventing exposure in lieu of, or in
addition to, reducing contamination to closure levels.
– Nature and Extent can be determined based on current
and expected land use.
– Gives effect to Environmental Restrictive Covenants and
Ordinances as a method to eliminate exposure.
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IDEM 2009 Legislative Changes
• HEA 1162 Environmental Restrictive Ordinance
– Local ordinance that limits, regulates or prohibits,
withdrawal, human consumption or any other use
of ground water.
– Requires local governments to notify IDEM if they
are amending or revising an environmental
ordinance.
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IDEM 2009 Legislative Changes
• HEA 1162 Environmental Restrictive Covenants
– IDEM limited to approving only land use restrictions.
– Required to provide IDEM access to the land.
– Requires notice to transferees that ERC exists.
– Specifies location of IDEM files relevant to the
property restrictions.
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IDEM 2009 Legislative Changes
• HEA 1162 Covenants and Certificates
– Allows placement of conditions that must be met
in order to maintain a valid Covenant Not to Sue
or a Certificate of Completion issued under the
Voluntary Remediation Program.
– Previously remediation had to be completed
before issuance, now conditional covenants and
certificates may be issued.
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IDEM 2009 Legislative Changes
• Implementation
– Revision to RISC Technical Guidance
– Interim procedures development
– Staff training
– External work groups assisting with Guidance
revision
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Questions?
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IDEM Petroleum Programs
Issues and Suggestions for Further Study
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Revisions for Consideration
• Underground Petroleum Storage Tank Excess
Liability Trust Fund (ELTF) Deductible
• Definition of Owner
• Revised cap on annual claim amounts
• Clarify cost recovery by IDEM
• Use of ELTF to address non-ELFT eligible
releases
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ELTF Deductible
IC 13-23-8-3
• Did not upgrade tanks before 12/22/98
– $35,000 Deductible
• Did upgrade tanks before 12/22/98
– $25,000 Deductible (Change back to $30,000)
• Upgraded tanks and has double walled piping
– $25,000 Deductible
• Upgraded tanks and has double walled tanks
– $25,000 Deductible
• Upgraded tanks and has double walled tanks &
piping
– $20,000 Deductible
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Definition of Owner
• Need clarification that the owner of the
property that contains, or contained, a tank is
considered the owner of the tank and any
contamination resulting from the tank.
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Cap on Annual Claim Amounts
• ELTF statute establishes an annual cap of $3
million for reimbursed cleanup claims per owner.
• One large distributor has accumulated over $16
million worth of claims since 2004
• In FY 2009 they submitted $6.3 million worth of
claims. They have averaged $5 million per year.
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Cap on Annual Claim Amounts
• Having unsatisfied liability makes ELTF appear
to have a higher balance than it does.
• Some options include an increased cap or
agency flexibility to pay off the liability over
time while maintaining some minimum
balance.
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Cost Recovery
• Leaking underground storage tanks that are
abandoned and not covered by ELTF are also
regulated by IDEM.
• Both Federal and State funds used to address these
sites.
• EPA expects states to do cost recovery to keep
cleanup funds viable.
• Recent challenges to IDEM authority to do cost
recovery have identified the need to clarify that
authority.
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Expanded Use of ELTF
• ELTF provides federally required financial
assurance for tank owners
• Tank fees paid by owners $750,000/year
• Inspection fees at $0.01/gallon ≈ $50 M/year
• Claims averaging $35 M/year
• Average site cleanup cost ≈ $200,000
• Estimate 200 to 250 abandoned tank sites
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Expanded Use of ELTF
• Currently Petroleum Trust Fund is only source
to address abandoned sites.
• Receives ≈$750,000 per year tank fees
• Expends ≈$700,000 per year on staff salary
and contractor review for low and medium
priority sites
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Expanded Use of ELTF
• Important to protect the viability of the ELTF
to continue financial assurance
• Based on numbers there is room to utilize a
portion of the ELTF to address abandoned
leaking tanks and expand environmental
protection
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Questions?
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Brad Baughn
Legislative & Business Liaison
317-234-3386, [email protected]
Sandra Flum
Intergovernmental Relations
317-233-9479, [email protected]
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