Transcript IDEM Update Indiana Steel Environmental Group July 9, 2015 Thomas W. Easterly, P.E., BCEE Commissioner IN Department of Environmental Management.

IDEM Update
Indiana Steel Environmental Group
July 9, 2015
Thomas W. Easterly, P.E., BCEE Commissioner
IN Department of Environmental Management
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IDEM’s Mission
Protecting Hoosiers and Our Environment
While Becoming the Most Customer-Friendly
Environmental Agency
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 environmentally 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.
• Clean up contaminated sites to eliminate public
exposure to toxics and return properties to
productive use.
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Performance Metrics March 2015
Result
Targets
Comments
Quality of Hoosiers' Environment
91.00
100%
80%
Muncie Lead; Ozone in LaPorte
County; Sulfur Dioxide in parts of
Daviess, Marion, Morgan, Pike and
Vigo Counties
% of CSO Communities with approved programs
to prevent the release of untreated sewage
98.17%
100%
90%
98+9 (107) out of 99+10 (109). Not
Gary or Edinburgh
% of Hoosiers that receive water from facilities in
full compliance with safe drinking water
standards
99.69%
99%
95%
Turbidity Violations at Jasper, Lowell
and Stucker Fork
% of Hoosiers that live in counties that meet air
quality standards
Permitting Efficiency
Total calendar days accumulated in issuing environmental permits, as determined by state statute*
Land
Air
Water
39,387
39,957
32,962
52.424
48,080
63,725
58,591
53,737
71,222
61,675 statutory
56,565 statutory
74,970 statutory
* Places emphasis on back logged permits
Compliance
Total percentage of compliance observations from regulated customers within acceptable compliance standards*
Inspections
97.55%
97%
75%
Self reporting
95.77%
99%
95%
Continuous monitoring (COM)
99.81%
99.9%
99.0%
* 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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Permits--Percent of Statutory Days
Percentage of allowable days
250
200
150
100
50
0
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
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Best in NPDES Permitting
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2nd Best in Title V Permits
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Water Quality
Indiana Combined Sewer Overflow Status
120
100
80
U.S. EPA
Responsibility
60
40
IDEM
Responsibility
20
0
Total
Legal
Agreement
Approved
Plan
Completed
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NPDES General Permits
• Like other states, Indiana issues general
permits for a variety of activities.
• Issuing general permits is efficient and
fast.
• Indiana General Permit Terms and
Conditions are currently embedded in rule.
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NPDES General Permits
• U.S. EPA told IDEM that embedding general
permits in rule had to change.
– Petition for Withdrawal of NPDES program.
• Rules Board members conflict of interest.
• Permits never expired, so they were not renewed.
• IDEM is in the process of issuing general
permits administratively.
– Rule change required.
– Permits must be written.
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NPDES General Permits
• IDEM has public noticed 5 general permits.
– Sand and Gravel
– Hydrostatic Testing of Commercial Pipelines
– Noncontact Cooling Water
– Petroleum Products Terminals
– Ground Water Petroleum Remediation Systems
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NPDES General Permits
• IDEM is in the process of changing the
general permit rules to remove the terms
and conditions of the 5 general permits we
are ready to issue administratively.
• We asked the Environmental Rules Board
to final adopt the rule changes at the July
8, 2015, board meeting.
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NPDES General Permits
• IDEM has not yet drafted storm water
general permits for construction, industrial
activities, MS4 entities, or coal mines.
• When IDEM drafts these general permits,
they will need to be approved by U.S. EPA.
• IDEM will share proposed draft permits with
stakeholders, and conduct public meetings
prior to formal proposal of the permits.
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Operator Certification
• Concerns:
– Low passing rates on water and wastewater
exams.
– Exam Administration
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•
•
•
Currently offered only twice a year.
Exams proctored by IDEM employees.
Resource strain.
Slow delivery of results.
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WW Operator Certification Exams
• New System
– Offer exam through Ivy Tech Community College and
IDEM.
– Test administered electronically.
– Ivy Tech has over 25 testing centers.
– Ivy Tech offers exam times several times a week.
– Results are available immediately.
– 45 people have taken the exam at Ivy Tech locations
around the state.
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WW Operator Certification Exams
• How does it work?
• Apply to IDEM to take the exam with $30 fee.
• Receive acceptance letter.
• Log-on to Ivy Tech to arrange a test location and date.
• Send Ivy Tech $30 convenience fee.
• Take exam.
• Professional Licensing Agency sends Operator License.
• Must reapply to IDEM to retake exam.
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NPDES Electronic Reporting Rule
• U.S. EPA’s proposed rule would require
electronic submittal of:
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•
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•
•
DMRs
General Permit NOIs, NOTs, No Exposure Exclusions
SSO or bypass events
Pretreatment Reports
CAFO Annual Reports
Annual Reports from biosolid generators
MS4 Annual Reports
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NPDES Electronic Reporting Rule
• Time Frames
– One year from effective date, 90% of DMRs
must be received from permit holders
electronically.
– Two years from the effective date, 90% of all
other reports must be received
electronically.
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IDEM NetDMR Electronic Reporting
• IDEM suggests that you do not wait for the
federal rule to pass.
• If you sign up with IDEM now, your facility
can become familiar and comfortable with
NetDMR before it is a requirement!
• If operators sign up for NetDMR now, IDEM
will give 2 CEU credits.
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NPDES Electronic Reporting Rule
• How many have signed up already?
– 675 NPDES permit holders now use NetDMR.
– 39% of all NPDES permit holders.
– 58% of major dischargers use NetDMR.
– 56% of CSO communities use NetDMR.
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Current Air Quality Status
• At the end of 2009, all of Indiana met every
currently effective NAAQS for the first time
since NAAQS were established in the
1970’s.
• IDEM was successful in working with U.S.
EPA to have all of the state designated as
attainment for those pollutants except:
– Clark and Floyd Counties PM2.5
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New Air Quality Standards
• Since the end of 2009, new air quality
standards have resulted in U.S. EPA
designating the following new nonattainment
areas:
– Lake and Porter Counties Ozone (2008 standard)
– Lawrenceburg Township (Dearborn County)
Ozone
– City of Muncie Lead
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2015 Legislation
• HB 1350—IDEM’s General Improvements
– Allows variances for all programs to be issued
for up to five years.
– Allows IDEM to require electronic reporting.
– Allows the Ivy Tech fee for operator certification
exams.
– Clarifies the wetland in-lieu fee program
requirements.
– Adjusts various reporting and fee dates.
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2015 Legislation
• SB 311—Clarifies cost recovery for IDEM
oversight of clean up of contaminated property.
• SB 312—Enhanced Drinking Water Protection.
– Requires surface water quality threat minimization
and response plan for public water supplies.
– Requires one-time registration of above ground
tanks, not otherwise reported to government
agencies, in the critical zone of concern.
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Federal Initiatives to Watch
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President’s climate change initiative.
Revised ozone air quality standard.
Waters of the United States definition.
eDMRs—possible expansion of reporting
requirements and mandatory electronic
reporting.
• Air pollution transport to downwind states.
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U.S. EPA’s Clean Power Plan
• Regulates Carbon Dioxide (CO2) emissions
from power plants using fossil fuels
• New Source Standards under 111(b)
• Existing Source Standards under 111(d)
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Indiana Carbon Dioxide Emission Rates
(pounds of CO2 per Megawatt Hour)
2012 Baseline U.S. EPA 2030 Indiana 2030 Estimate
Goal
1,924
1,531
1,615 to 1,683
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Existing Source Proposal—111(d)
U.S. EPA estimates on a national level that:
• Coal production will decrease 25 to 27%, and
the price of coal will decrease by 16 to 18% by
2020.
• Natural gas production will increase by 12 to
14% with a price increase of 9 to 12% by 2020.
• Renewable generation capacity will increase by
12 GW, NGCC capacity will increase by 20 to
22 GW.
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Existing Source Proposal—111(d)
• Coal generation capacity will decrease by 46-49
GW, and oil generation capacity by 16 GW.
• Annual incremental compliance costs of $5.5 to
$7.5 billion in 2020 and $7.3 to $8.8 billion in
2030.
• Job increases of 25,900 to 28,000 in the
electricity, coal and natural gas sectors by 2020.
• Job increases of 78,000 for demand-side energy
efficiency by 2020.
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Impacts on Indiana
• This regulation will increase the costs of
energy in the United States—both natural
gas and electricity prices expected to rise
by 10%—the impact on Hoosiers may be
greater due to our current reliance on coal.
• The number of Hoosiers who lose utility
services for non-payment is likely to
increase.
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Impacts on Indiana
• This increased cost of energy will likely
reduce the international competitiveness
of Hoosier businesses resulting in a shift
of emissions from Indiana to other
countries.
• The worldwide greenhouse gas emissions
may actually increase when manufacturing
moves from Indiana (and the rest of the
United States) to other countries.
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Climate Impacts—111(d) Proposal
This rule will have virtually no impact on
modeled global climate change. It is
projected to reduce:
• Global CO2 concentrations by 1.5 ppm by
2050. This represents 0.3% of the expected
projected average global average CO2
concentrations in 2050.
• Sea level increases by 0.01 inch.
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Climate Impacts—111(d) Proposal
The proposed rule is also projected to reduce:
• Global average temperatures by 0.016o F
(0.009o C) based upon U.S. EPA’s climate
models.
– This projected temperature reduction is based
upon the projected 1.5 ppm reduction in global
CO2 concentrations.
– Since 1998, global average CO2 concentrations
have increased by 33 ppm or 9%, but global
average temperatures have not increased.
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State Goals as % Reduction from 2012
Source: Bloomberg New Energy
Finance
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Percentage Change in CO2 Emissions from Utilities
(2005 – 2012)
Decreasing >15%
Decreasing 0 – 15%
Increasing
No Data
Location of the State Capitals
State Boundaries
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Indiana’s Response to the
111(d) Proposal
• The proposed regulation is not consistent
with our goal of affordable reliable energy.
• Governor Pence, Attorney General Zoeller
and IDEM Commissioner Easterly have
taken numerous actions to opposing U.S.
EPA’s proposal.
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Indiana’s Response to the
111(d) Proposal
• Indiana is pursuing other options in case the
legal and policy challenges do not succeed.
– IDEM is preparing possible options for a State
plan to meet the proposed regulations.
– IDEM and the IURC are working with other
MISO states as the Midcontinent States Energy
and Environmental Regulators (MSEER) to
evaluate possible regional plans.
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Midcontinent States Environmental and Energy Regulators
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Questions?
Tom Easterly
Commissioner
Indiana Department of Environmental Management
(317) 232-8611
[email protected]
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