Transcript Environmental Quality Service Council IDEM Report August 16, 2007 Thomas W. Easterly, P.E., DEE, QEP Commissioner IN Department of Environmental Management.

Environmental Quality Service Council
IDEM Report
August 16, 2007
Thomas W. Easterly, P.E., DEE, QEP
Commissioner
IN Department of Environmental Management
1
IDEM’s Mission and
Environmental Goal
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. Our goal is to increase
the personal income of all Hoosiers to the
national average while maintaining and
improving Indiana’s Environmental Quality.
2
Pilot 2006 Environmental
Performance Index
Yale Center for Environmental Law & Policy
Yale University
Center for International Earth Science
Information Network (CIESIN)
Columbia University
http://www.yale.edu/epi/
3
4
How Is IDEM Helping to
Increase Personal Income?
Clear, consistent and speedy decisions
Clear regulations
 Assistance first, enforcement second
 Timely resolution of enforcement actions
 Every regulated entity will have current valid
permits without unnecessary requirements
 Written Standard Operating Procedures
 Improved staff training and development

5
How Does IDEM Protect the
Environment?
Measure the air, water and land to determine
the existing state of the environment
Compare the measured values to levels that
protect human health and the environment



Ambient Air Quality Standards
Water Quality Standards
Remediation of contaminated sites
Use modeling to determine how much of a
substance can be safely added to the
environment
6
How Does IDEM Protect the
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
Enforce against people who exceed their
permit levels or violate regulations
Educate people on their environmental
responsibilities
7
BP NPDES Permit
IDEM issues permits to protect human health and
the environment
No exceptions were made with BP’s wastewater
permit which is protective of drinking water,
recreation and aquatic life in Lake Michigan
BP’s permitted discharge levels are established at
or below the lower of technology based effluent
limits and water quality based effluent limits.
BP’s New Permit allows increased discharges of
ammonia and Total Suspended Solids to
accommodate the processing of Canadian Heavy
Crude derived from tar sands
8
BP NPDES Permit--TSS
The new permit allows a 1,279 lb/day
increase in total suspended solids from the
existing limit of 3,646 lb/day up to the
technology based effluent limit for the new
refinery configuration of 4,925 lbs/day—a
35% increase.
At this level, the discharge will contain 27.6
mg/l of total suspended solids which is less
than the typical 30 mg/l limit imposed on
many municipal treatment plants.
9
BP NPDES Permit--Ammonia
The new permit allows a 554 lb/day increase in
ammonia from the existing limit of 1,030 lb/day
up to 1,584 lbs/day—a 54% increase.
The new permitted level is significantly lower
than either the technology based effluent limit of
3,358 lbs/day or the water quality based effluent
limit of 3,215 lbs/day.
The calculated concentration of ammonia in the
lake at the discharge is 0.23 mg/l which is well
below the lowest permissible effluent limit of
0.48 mg/l
10
BP NPDES Permit
BP filed its initial renewal application in 1994 more
than 180 days prior to the February 28, 1995
expiration of its previous permit—the expired permit
was automatically administratively extended until the
renewal application was evaluated.
On November 30, 2006, BP submitted the antidegradation analysis required for IDEM to consider
increasing discharge limits to accommodate the
processing of Canadian Tar Sand Crude.
In January, 2007, IDEM, EPA and BP commenced an
extraordinary outreach to and consultation with the
northwest Indiana environmental community during
the development of the final draft permit
11
BP NPDES Permit
A 65 day Public Comment Period was held from
March 7, to May 11, 2007 to receive comment on
the draft permit.
A Public meeting held in Whiting on April 26,
2007—attended by BP representatives, the
environmental community and one citizen.
IDEM received and responded to comments from
46 people before issuing the final permit on June
21, 2007.
The 18 day appeal period for the permit ended on
July 9, 2007 and no appeal was filed—the permit
effective date is August 1, 2007 and the permit
expires July 31, 2012.
12
BP NPDES Permit
IDEM coordinated with EPA to ensure
compliance with the Clean Water Act—On April
5, 2007, EPA issued a written notice of no
objection concerning the BP Permit.
The water Total suspended solids (TSS) is not
sludge. BP’s TSS discharge is comparable to
that of a small city; the state is not aware of any
technology available to further remove TSS
All wastewater is fully treated in a complex
treatment plant with 7 separate treatment stages
before being released 3,500 feet from shoreline
13
Indiana Environmental
Stewardship Program
Enacted legislation in 2006
Voluntary, performance based
leadership program modeled after the
U.S. EPA’s National Environmental
Performance Track Program
Participating organizations achieve
environmental objectives through
creating and implementing an
environmental management system
14
Indiana Environmental
Stewardship Program
Incentives include expedited permitting,
reduced reporting and reduced
inspections
These companies are committed to
continual environmental improvements
that will increase their efficiency and
decrease environmental impacts
15
ESP Charter Members
American Commercial Lines LLC (Jeffersonville,
Clark County)
ICON Metal Forming, LLC (Corydon, Harrison
County)
Jeffboat LLC (Jeffersonville, Clark County)
Karl Schmidt Unisia, Inc. (Fort Wayne, Allen
County)
Louisiana Pacific Corporation (Middlebury, Elkhart
County)
Mead Johnson & Company (Evansville & Mt.
Vernon, Vanderburgh County)
OFS Brands, Inc. (Huntingburg, Dubois County)16
ESP Charter Members
Pfizer, Inc. (Terre Haute, Vigo County)
Quality Machine and Tool Works (Columbus,
Bartholomew County)
Raytheon Technical Services Company, LLC
(Indianapolis, Marion County)
Tinnerman Palnut Engineered Products, Inc.
(Logansport Plant, Cass County)
Total Interior Systems America, LLC (Princeton,
Gibson County)
Toyota Industrial Equipment Manufacturing, LLC
(Columbus, Bartholomew County)
Toyota Motor Manufacturing, Princeton (Gibson
County)
17
Recycling Grants & Loans
Funded by state 50 cent tipping fee for solid
waste disposal
The Recycling Market Development Program
awarded $3,966,952 for FY 2007

Provides loans and grants to promote and assist
markets for recycled products
Recycling and recycling education grants
totaled $1,200,000 for FY 2007



Recycling grants totaling $673,282
Public Education and Promotion (PEP) grants
totaling $526,718
Awarded from the Solid Waste Management Fund
18
Mercury Switch Removal
Current results from HEA 1110 (2006) the mercury switch removal program:
398 Indiana Participants
 2,548 Mercury Switches Collected
 5.61 Pounds of mercury removed from end
of life vehicles

IC 13-20-17.7-2
19
Combined Sewer Overflow
Update
41 communities have approved Long
Term Control Plans (LTCPs)
12 communities took action to control
CSOs without the need of a LTCP

separated sewers or overflow prevention
measures
51 CSO LTCPs left to approve

City of Gary yet to submit LTCP
20
Counties above AQ Standards
January 10, 2005












Allen--Ozone
Boone--Ozone
Clark--PM & Ozone
Dubois--PM
Elkhart--Ozone
Hamilton--Ozone
Hancock--Ozone
LaPorte--Ozone
Madison--Ozone
Marion--PM & Ozone
Shelby--Ozone
St. Joseph--Ozone
January 1, 2007


Clark--PM
Marion—PM
Possible Addition

Lake—Ozone
(Whiting Monitor)
21
Ozone Attainment Status
22
PM 2.5 Attainment Status
23
EPA’s Proposed Revisions to
NAAQS for Ozone
EPA proposing revised Air Quality Standards


Primary standard to protect human health
Secondary standard to protect public welfare and
the environment
Both currently .08 parts per million (ppm),
effectively .084 due to rounding conventions
EPA proposed reduction of primary standard
to within the range of .07-.075 ppm
EPA proposed two alternative revisions of
secondary standard:


A new cumulative, seasonal standard, or
A standard identical to proposed primary standard
24
Impacts of EPA’s Proposed
Revisions to NAAQS for Ozone
Non-attainment designation would trigger
planning requirements and other potential clean
air measures
Difficult to predict designations


Range of options being considered
Nothing finalized in federal rule yet
Predictions based on 2003-2005 data, recent
data shows fewer monitors violate proposal
Several control measures implemented that do
not take effect until 2009-2010
25
PM 2.5 Status
New 35 microgram per cubic meter 24 hour
standard issued in September, 2006—
Annual standard retained
Designations will initially be based upon
2004-2006 air quality, but the process may
allow the use of data up to 2009
New nonattainment designations will be
made April 2010, SIPS due by 2013
SIPS for current nonattainment areas due
April, 2008—we may try redesignations
26
PM 2.5 Status
Based upon monitored 2004-2006 Air
Quality, the following monitor locations
exceed the new 35 microgram per cubic
meter short term PM 2.5 Standard:
Jeffersonville (Clark County) 37
 SW Purdue Ag Center (Knox County) 36
 Gary IITRI (Lake County) 38
 Gary Burr St. (Lake County) 38
 Indianapolis S. West St. (Marion County) 38
 Indianapolis English Ave (Marion County) 37
 Indianapolis W 18th St. (Marion County) 37

27
Permit Reporting
IDEM is still meeting the statutory deadlines for
permit issuance, as reported in past years
IDEM looks at total calendar days and applying a
deadline to permits that traditionally do not have a
statutory deadline; as a new interpretation to the
intent of statutes
Performance metrics updated quarterly can be
found at:
http://www.in.gov/idem/about/metrics07_1.html
28
Total Permit Calendar Days
600000
500000
400000
Air
Water
Land
300000
200000
100000
0
/20
6/30
05
1/20
12/3
05
/20
6/30
06
1/20
12/3
06
6/30
/200
7
29
Percent of Activities Meeting
Regulations
100.00%
90.00%
80.00%
70.00%
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
Inspections
Self
Reporting
AL
7
IT
I
AL
G
O
/2
00
IN
/2
0
/3
1
12
3/
31
06
6
/2
00
6
9/
30
/2
00
6
6/
30
/2
00
/2
0
/3
1
12
3/
31
05
5
/2
00
9/
30
6/
30
/2
00
5
Emission
Monitoring
30
Administratively Extended Permits
Wastewater Permits:
October
2005
August
2007
Total
263
34
Major
67
11
Minor
196
23
Total permit days
303,000
IC 13-15-4-19
55,000
31
Office of Enforcement
2002-2006
Referrals
2002
2003 2004 2005 2006 2007*
887
607
467
547
591
372
Violation
Letters
Notice of
Violations
17
33
47
203
231
70
561
457
318
202
427
263
Agreed Orders
311
349
314
258
417
207
Commissioner's
Orders
15
15
6
41
38
19
125
121
44
48
46
24
Dismissals
*August 32
2007
Enforcement Backlog
In early 2005, IDEM identified 120 open
enforcement cases over 2 years old.
Currently one of the original 120 cases is still
open.
Our goal is to resolve all enforcement cases
within one year of the referral.
We currently have 24 cases that are more
than 12 months old—no new cases over 2
years old.
33
Funding through Enforcement?
Some have suggested funding IDEM’s activities
through “bad actor” fines—IDEM’s budget
anticipates $5.8 million in fine income this biennium
to support IDEM’s base activities.
Our goal is to gain compliance through compliance
assistance, reducing the number of bad actors
Relying solely on fines has adverse consequences:
 Unreliable income stream
 Changes the focus of the inspection program
from compliance to penalty generation
34
Permit Operation Fund Report FY 2007
Fund
Total
Revenue
Total
Expenditures
Difference
Permit Operation
Fund
$20,771,187
$21,525,092
-753,905
Water Mgmt
Permits
$6,129,261
$6,229,940
-100,679
Solid Waste
Permits
$5,302,415
$5,245,441
56,974
Hazard Waste
Mgmt Fund
$5,345,187
$6,153,146
-807,959
Safe Drinking
Water
$3,994,324
$3,896,565
97,759
IC 13-15-11-6
35
Comparing 2006 to 2007 Fees
2007 YTD
(Jan-June)
Permit Program
AIR : Title V Permit Program
Subtotal:
2006
(Jan-June)
To-Date%
Up/Down from 2006
$12,659,748
$10,282,206
23.12%
$1,157,582
$1,183,537
-2.19%
$2,375,452
$2,300,097
3.28%
HAZARDOUS WASTE:
Subtotal:
SOLID WASTE:
Subtotal:
Confined Feeding Operations & Concentrated Animal Feeding Operations
Subtotal:
$13,950
$20,350
WASTEWATER: NPDES Program
Subtotal:
$3,643,253
$3,749,696
Stormwater: NPDES Stormwater Discharges
Subtotal:
$320,990
$254,235
DRINKING WATER CONSTRUCTION:
Subtotal:
$2,578,991
$1,353,145
-31.45%
T0TAL:
18.84%
$22,749,966
$19,143,266
-2.84%
26.26%
90.59%
Air permit fees increased 25% by rule in Dec. 2006 reflect only a 23.1% increase to date.
IC 13-15-12-2
36
Permits Issued
Office
Air
Permits Issued
FY 2007
Suspended or
withdrawn
FY 2007
1406
115
Land
1210
Approvals/decisions
Drinking water
194
697 NOIs
Wastewater
438
711 construction
IC 13-15-12-2
8
4
65
37
Rulemaking Process
38
Recent Rulemakings
Air Pollution Control Board

Permit Fees – first noticed 5/07



Outdoor Wood Boilers/Hydronic Heaters - Second
notice under review to be issued this summer


Received EPA model rule 1/07
Best Available Retrofit Technology (BART) – final
adoption expected 10/07



Title V fees increased 25%
Related air fee rule in process
Control measure for regional haze State Implementation
Plan
affects ALCOA, ESSROC Cement Corp., ESSROC
Materials, GE Plastics, and Mittal Steel-Burns Harbor
FESOP and MSOP permit renewal time – final
adoption 5/07

Extended from 5 to 10 years
39
Recent Rulemakings

Clean Air Mercury Rule – preliminarily
adopted 5/07—final adoption hearing 10/07


Clean Air Interstate Rule – final adopted


Lake and Porter County inspection and
maintenance plan
VOC rules – first and second notice stages


State Implementation Plan submitted to EPA
2/07
Enhancement to auto emissions inspection
– Final adoption hearing 9/07 in Portage


Based on federal rule
Regional effort to reduce Ozone
All redesignations go through rule adoption
40
Recent Rulemakings
Water Pollution Control Board

Combined Sewer Overflows (SEA 620, 2005) - Final
adopted 6/07


Sewer Ban for communities at capacity – final adopted 6/07


Limits new connections to wastewater treatment plants and allows
for sewer connection ban when discharging insufficiently treated
wastewater
Wastewater Operator Certification – first noticed 7/06


Compliance schedule allowing time to achieve NPDES permit limits
for CSO communities
addresses concerns over small wastewater treatment plants by
focusing on operator issues
Anti-degradation (SEA 431, 2000)


Pre-rulemaking meetings
Discussion with board this fall
41
Recent Rulemakings
Solid Waste Management Board

Collection of Mercury Switches in End-of-Life
Vehicles (HEA 1110, 2006) – readopted 7/07


Meth lab clean-up rule (SEA 444, 2005) – effective
3/07


Sets up procedures for removing mercury switches
Requires property owners to clean property, sets
standards for inspectors and for cleaning property
Electronic Waste – final adopted 5/07

Set standards for storage, processing, and disposal of ewaste, consistent with the federal and state hazardous
waste and solid waste laws and rules
42
Continuous Improvement
IT initiatives
Tempo – Unified environmental database
 Virtual File Cabinet – File room via Web

Pay for performance
Set clear performance expectations
 Hold staff accountable for their decisions
 Provides an incentive to go beyond minimum
job requirements to assist regulated
community

43
Continuous Improvement
Office of Air Quality
Reduce contractor activities by 2/3rds by 1/1/08


Hired 11 staff to process air permits in-house
Plan to hire about 10 more permit staff
Reduce permit process time

Applying lean manufacturing concepts (Six Sigma and
Kaizen) to improve permitting efficiency and timeliness
Reduce deficiencies in permit applications


More information available via our website
Training workshops on permit requirements and the
importance of submitting complete and accurate
applications
44
Continuous Improvement
Office of Water Quality
Filled two critical Branch Chief positions
resulting in improved oversight of programs
Rearranged stormwater programs


Allows for cross-training and increased efficiency
Allows focus on policy development and plan
review of LTCPs of combined sewer overflows
Reassigned management oversight of
NPDES permitting activities that has resulted
in a significant reduction of NPDES permit
backlog .
45
Continuous Improvement
Office of Land Quality
Reduce ELFT contractor activities



Reducing Navigant (contract) staff from 13 in 2005 to
zero by end of contract in 2008
Currently have 8 Navigant contractors
$339,284 contract saving January-April, 2007
Confined Feeding


Adjusting staff and assignments to improve program
effectiveness
Plan to provide a full report according to SR 2512,
2007 at a future time
46
Hazardous Substance
Response Trust Fund
47
Purpose of the HSRTF
To fund the following activities :

State’s portion of Superfund obligation – 10%

Each $1 returns $9 federal monies



Response for immediate emergency removals


Continental Steel in Kokomo ($95 Million)
Jacobsville Neighborhood in Evansville ($100 Million)
To prevent or contain hazardous substance
releases
Household Hazardous Waste grants to
SWMDs for waste collection and disposal
projects
48
HSRTF Funding
The Fund balance is decreasing and not sustainable for
current activities
Primary revenue is collected from the Hazardous Waste
Disposal Tax (currently $11.50 per ton for taxable hazardous
waste disposal)—Since the closing of the Adams Center Landfill in
Fort Wayne in 1998, the fund expenses have exceeded fund
income.

Heritage Hazardous Waste Facility & a few Steel Companies currently
pay the hazardous waste disposal tax
Reimbursement (cost recovery) for amounts expended
by the State in response action
Fees paid under IC 13-23-12-4(2) (some Underground
Storage Tank fees)
49
HSRTF Programs
Federal Superfund Program
Restore sites to a condition protective of human
health and the environment, reduce toxicity,
mobility or volume of contaminants and perform
long-term operation and maintenance of the
remedies
IDEM works cooperatively with U.S. EPA as the
lead or support agency to remediate hazardous
waste sites listed on the National Priorities List
The State is required to provide 10% of cleanup
costs and 100% of operation and maintenance
(O&M) costs for Superfund financed sites
50
HSRTF Programs
State Cleanup Program (SCP)
The HSRTF provides funding to operate the
SCP, which addresses many types of sites
including:





Bulk petroleum storage facilities
Pipeline releases
Former refineries
Drycleaners
Former gasoline stations (not subject to IC 13-23)
Currently, SCP has approximately 755 sites
and 10 project managers
The SCP has granted “No Further Action”
status to over 400 sites since 2002
51
HSRTF Revenue vs. Expenses
$40,000,000.00
$35,000,000.00
$30,000,000.00
FY1997-FY1998
$10 M from HSRT F to
establish Brownfields
Program
Revenue
$20,000,000.00
Expenses
$15,000,000.00
Balance
$10,000,000.00
$5,000,000.00
$0.00
-$5,000,000.00
FY
95
FY
96
FY
97
FY
98
FY
99
FY
00
FY
01
FY
02
FY
03
FY
04
FY
05
Es FY0
t.
FY 6
07
Balance
$25,000,000.00
Fiscal Year
52
Policy Priorities
Continue to fund site clean-up oversight
Reserve any income and fund balances
for immediate removals and
emergencies
Focus on sites related to property
transfers
This means that State lead clean-ups
will be very rare
53
Thank you for helping IDEM during
the 2007 Legislative Session
HB 1192: Environmental Matters
UST release notice and secondary containment
 Alcohol blended fuel underground storage tanks
 Brownfields and Environmental Remediation
 Environmental Legal Action
 Regional Sewer Districts

54
Thank you for helping IDEM during
the 2007 Legislative Session
SB 154: Environmental Matters



Abbreviated rulemaking
Indiana Recycling Market Development Board
adjustments
EQSC study topics: rulemaking and recycling
SB 155: Alcohol blended fuel underground
storage tanks

superseded by HB 1192
SB 205: Environmental Matters

Sunset of solid waste landfill construction permits
SB 286: Environmental crimes and
infractions
55
Possible 2008 Legislative Issues
Confined Feeding
Environmental Rulemaking
Regional Sewer Districts and/or Solid
Waste Management Districts
Technical corrections to environmental
program language
56
Questions?
Megan Tretter
Business & Legislative Liaison
317-234-3386
[email protected]
Sandra Flum
Intergovernmental Relations
317-233-9479
[email protected]
57