Transcript IDEM 2010 Outlook IN Chapter Air and Waste Management Association December 10, 2009 Thomas W.

IDEM 2010 Outlook
IN Chapter Air and Waste Management
Association December 10, 2009
Thomas W. Easterly, P.E., BCEE, QEP Commissioner
IN Department of Environmental Management
1
Indiana FY 2010 Budget Challenges
2
Response to Reduced State Income
• Eliminated 2009 raises.
• Strategic Hiring Review—Using attrition to
reduce spending.
• Reduce/eliminate grants, contracts, etc.
• Restrictions on travel and purchasing.
• Will maintain essential State services.
3
New IDEM Budget Actions
• Returning staffing to 2005 levels through
attrition.
• Moving most of Shadeland staff to IGCN and
renegotiating the lease.
• Canceling or renegotiating a number of
service contracts
• Voluntary unpaid leave program.
4
IDEM Staffing Levels
Fiscal Year
Budgeted
Filled
2004
1,054
2005
1,054
2006
1,063
*2007
1,063
*2008
1,031
*2009
1,031
*2010
983
*2011
983
895
918
915
927
954
950
983
983
1,100
N
U
M
B
E
R
900
700
500
300
100
* The increases in staff reflect the following:
(4) new LUST Inspectors to meet Federal Energy Policy Act
(7) OLQ staff to replace the outsource contract for UST technical reviews, saving $1.6M
(11) OAQ staff to replace the outsource of permitting contracts, saving $5M
(15) SFR and Brownfield staff at IFA
(5) OWQ staff from ISDA to meet Rule 5 requirements
(2) OPPTA staff from Lt Gov Office
5
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
6
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?
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.
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 Sept 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)
98.3%
99%
95%
% of Hoosiers receiving water from facilities in
compliance with safe drinking water standards
Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute
Land
22,516
66,565
86,864
Air
52,794
207,000
385,000
Water
21,767
48,000
200,000
* Places emphasis on back logged permits
Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards
Inspections
96.74%
97%
75%
Self reporting
96.75%
99%
95%
Continuous monitoring (COM)
99.77%
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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2009 Environmental Laws
• SB 202—Transfers the lead based paint program
from IDEM to ISDH.
• SB 221—Confined Animal Feeding
– Requires CAFOs to also meet Indiana CFO
requirements
– Establishes good character disclosure for new or
expanding CFOs
– Notify all people within ½ mile of a new or
expanding CFO
11
2009 Environmental Laws
• HB 1589 Electronic Waste
– Requires manufacturers of video display devices
to recycle covered electronic devices that weigh at
least 60% of the total weight of video display
devices sold during the most recent 12 month
period and prohibits some landfill disposal
– Requires manufacturers, collectors and recyclers
to register with IDEM
– Requires reports and fees
12
2009 Environmental Laws
• HB 1162 Environmental Matters
– Environmental Restrictive Ordinances
– Environmental Restrictive Covenants
– Prospective Purchaser Protection for Petroleum
Contamination
– Recognition of Institutional Controls when
evaluating corrective action options
– Allows subsequent conditions in project
completion decisions
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2009 Environmental Laws
– Total Maximum Daily Loads (TMDLs) that address
pollutants not listed on the 303(d) list must be
public noticed before the new pollutant can be
included in the TMDL
– Waters designated as Exceptional Use Waters are
now Outstanding State Resource Waters
– Requires the Antidegradation process to include a
one time review of general permits
– Clarifies that a person must have both any
required local approvals and an IDEM permit
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IDEM Enforcement
2004
Referrals
2005
2006
2007
2008
2009*
467
547
591
606
437
260
4,980
4,268
4,024
3,958
4,092
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Notices of Violation
318
202
427
420
321
238
Agreed Orders
314
258
417
372
364
271
6
41
38
39
32
15
44
48
46
57
40
30
312
317
577
568
386
237
17
4
33
52
22
24
Violation Letters
Commissioner’s Orders
Dismissals
Complies/Closed
AG Referrals
* 2009 data is complete through October 31. 2009 Violation Letters do not
include those issued directly by the programs.
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EPA Enforcement Priorities
• Clean Water Act - Wet Weather
– Combined Animal Feeding Operations (CAFOs)
– Combined Sewer Overflows (CSOs)/Sanitary Sewer
Overflows (SSOs)
– Storm Water
16
EPA Enforcement Priorities
• Clean Air Act - New Source Review/Prevention
of Significant Deterioration
– Acid Production
– Cement Production
– Coal-Fired Power Plants
– Glass Manufacturing
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EPA Enforcement Priorities
• Clean Air Act - Air Toxics
– Air Toxics in Schools
– Flaring
– Leak Detection and Repair
• Resource Conservation and Recovery Act
(RCRA) - Mineral Processing
18
EPA Enforcement Priorities
• Resources Conservation and Recovery Act
(RCRA) and Comprehensive Environmental
Response, Compensation, and Liability Act
(CERCLA) - Financial Responsibility
19
Region 5 Enforcement Priorities
•
•
•
•
Integrated Iron and Steel
Concentrated Animal Feeding Operations
Lime Plants
Non-Recovery Coke Production
20
Criminal Pleas and Convictions
• Erler Industries, North Vernon, IN, Falsified
Title V Certifications
– $1,000,000 criminal fine
– $25,000 in restitution to Midwest Environmental
Enforcement Association
– $100,000 in restitution to IDEM (hybrid vehicles)
– Develop an environmental training program
– Implement a zero tolerance policy for violations
– Public apology in the local newspaper
21
Criminal Pleas and Convictions
• Herb Corn—Rochester Indiana POTW Operator,
falsification of DMRs, MROs and NPDES permit
renewal application.
– Sentenced to 12 months in federal prison
• Alan Hersh—Hassan Barrel RCRA felonies (Fort
Wayne).
– Sentenced to 15 months plus restitution
• Wainwright, Gary, IN—gun charges
– Sentenced to 108 months in federal prison
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We Protect Hoosiers and Our Environment
Agency Initiatives
• Virtual File Cabinet—electronic filing system
with over 59,000,000 pages now online.
• TEMPO—Enterprise wide electronic
integration of all IDEM information—part of
the infrastructure to receive and process
electronic permit applications and reports:
– Two programs accepting electronic submittals,
401 Certifications and Community Right to Know.
23
We Protect Hoosiers and Our Environment
Agency Initiatives
• EDMR—Electronic reporting of waste water
discharge monitoring reports.
– Currently available for all facilities.
– EPA is considering a rule to require electronic
reporting for all DMRs.
• Active assistance to facilities that announce
layoffs and closing to prevent environmental
Incidents.
– No serious incidents to date.
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We Protect Hoosiers and Our Environment
Agency Initiatives
• Returned enforcement function to the air, water
and land programs and eliminated the separate
office of enforcement.
• Provide consistent Statewide air quality
permitting, monitoring and enforcement services
by directly managing the air program functions
previously contracted to: Anderson, Evansville,
Gary, Hammond, Indianapolis, and Vigo County.
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Agency Accomplishments
• Agency-wide adoption of Continuous
Improvement using Lean/Kaizen and other
methodologies to improve processes and
increase efficiency
• EPA has approved IDEM’s CROMEER Application
(electronic signatures)
26
The New EPA
• Administrator Jackson’s Stated Priorities:
– Environmental Justice
– Children's Health
– Climate Change
• The Initiatives we observe include:
– Air Toxics Monitoring at Schools
– Reemphasis of Enforcement and publishing of
compliance information
– Progressing of Greenhouse Gas Regulations
27
Governor Daniels on Endangerment
“Hoosiers will suffer in lost jobs and doubled utility
payments, all for zero environmental benefit, if this
extreme measure is put into effect. Rather than
submitting to this bureaucratic usurpation,
Congress should clarify that CO2 is not covered by
the Clean Air Act and should remind this
administration that its power is not dictatorial and
its agencies are still subject to the consent of those
they govern."
28
Climate Change Science
• The unbiased temperature record does not
indicate any increase in temperature.
– Local heat sources near US measurement stations
would be expected to increase the average
network temperature by 1.9oC, yet the “observed
temperature increase” is 0.7oC.
– Satellite measurements since 1978 show cycling
temperatures but no sustained increase.
29
Climate Change Science
• Geologists believe that the earth was warmer
than current temperatures approximately 700
years ago (medieval warming period).
• Geologists have produced evidence of
significant warming 12,000 years ago, 130,000
years ago and 225,000 years ago.
• Reported 20th century temperatures are no
higher than historical values.
30
Climate Change Science
• Local temperatures may be increased by
pavement, air conditioning exhaust, changes
in land use and increased atmospheric water
vapor from irrigation, etc.
• CO2 is a greenhouse gas. However, geological
studies, including the recent Vostok ice core
work indicate that CO2 changes lag, rather
than lead temperature changes.
31
Climate Change Science
• Current CO2 levels are about 35% higher than
those associated with peak temperatures from
about 130,000 years ago as measured in the
Vostok ice cores; however the Earth’s
temperature is currently lower than those
estimated for this historical event.
32
CO2 Cap and Trade Concerns
• CO2 is different from SO2 and NOx.
– We know how to change gaseous SO2 to a solid
sulfate (SO4) compound such as gypsum which can
be sold as a product or landfilled.
– We know how to react NOx with NH4 (ammonia)
to form N2 (nitrogen gas) and H2O (water) which
can be released to the environment.
– We do not have a treatment process for CO2.
33
CO2 Cap and Trade Concerns
• CO2 is different from SO2 and NOx.
– SO2 emissions from coal combustion can be
reduced by 80% through coal switching and by
over 99% through switching to natural gas.
– CO2 emissions from coal combustion can be
reduced by 33% by switching to oil and by 50%
through switching to natural gas.
34
CO2 Cap and Trade Concerns
• CO2 is different from SO2 and NOx.
– When the acid rain provisions passed, US SO2
emissions totaled 23 million tons per year and
almost 70% were from utilities and 24% from
industries.
– Current US CO2 emissions are 7,760 million tons
per year (337 times historical SO2 emissions) with
33% from utilities and 19% from industries.
35
Questions?
Tom Easterly
Commissioner
Indiana Department of Environmental Management
317-232-8611
[email protected]
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