Transcript What’s New and Where is IDEM Heading? IN Assn SWMD, October 23, 2007 Thomas W.

What’s New and Where is IDEM
Heading?
IN Assn SWMD, October 23, 2007
Thomas W. Easterly, P.E., BCEE, QEP
Commissioner
IN Department of Environmental Management
New State Laws Impacting IDEM
from 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
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New State Laws Impacting IDEM from
the 2007 Legislative Session
SB 154: Environmental Matters
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Abbreviated rulemaking
Indiana Recycling Market Development Board
adjustments
EQSC study topics: rulemaking and recycling
SB 155: Alcohol blended fuel underground
storage tanks
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superseded by HB 1192
SB 205: Environmental Matters
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Sunset of solid waste landfill construction permits
SB 286: Environmental crimes and
infractions
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.
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/
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

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
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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
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
Performance Metrics
Quality of Hoosiers' Environment
Result
Target
Comments
% of Hoosiers that live in counties that meet
air quality standards
85%
100%
80%
2 counties @ 964,725 of
6,271,973 failed
% of CSO Communities with approved
programs to prevent the release of
untreated sewage
56%
100%
20%
51+9 out of 98+9
Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute
Land
Air
Water
31,692
66,565
86,864
109 permits
270,348
207,000
385,000
584 permits
49,950
48,000
200,000
28 permits
* Places emphasis on back logged permits
Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards
Inspections
96.71%
97%
75%
Self reporting
96.29%
99%
95%
Continuous monitoring (COM)
99.62%
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
$3,258,843
$0
$3,447,017
$105 OLQ + $1.7 OAQ
Counties above AQ Standards
January 10, 2005
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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
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Clark--PM
Marion—PM
Possible Addition
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Lake—Ozone
(Whiting Monitor)
Ozone Attainment Status
Ozone Attainment Status
/3
1
/3
1
IN
IT
I
AL
7
7
7
OA
L
/2
00
/2
00
/2
00
G
9/
30
6/
30
6
6
6
06
/2
00
/2
00
/2
00
/2
0
3/
31
12
9/
30
6/
30
5
5
05
/2
00
/2
00
/2
0
3/
31
12
9/
30
6/
30
Total Permit Calendar Days
600000
500000
400000
300000
200000
100000
Air
Water
Land
0
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
05
3/
31
/2
00
6/
6
30
/2
00
9/
6
30
/2
00
12
6
/3
1/
20
06
3/
31
/2
00
6/
7
30
/2
00
9/
7
30
/2
IN
00
IT
7
IA
L
G
O
AL
/2
0
5
/3
1
/2
00
12
9/
30
6/
30
/2
00
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Emission
Monitoring
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
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Dismissals
*August 2007
Enforcement Backlog
In early 2005, IDEM identified 120 open
enforcement cases over 2 years old.
All of the original 120 cases have been
resolved.
Our goal is to resolve all enforcement cases
within one year of the referral.
We currently have 28 cases that are more
than 12 months old—one of these is cases is
now 2 years old.
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
Recent Rulemakings
Solid Waste Management Board
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Collection of Mercury Switches in End-of-Life
Vehicles (HEA 1110, 2006) – readopted 7/07
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Meth lab clean-up rule (SEA 444, 2005) – effective
3/07
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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
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Set standards for storage, processing, and disposal of ewaste, consistent with the federal and state hazardous
waste and solid waste laws and rules
Mercury Switch Removal
Reported 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
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As of September 28, we had actually paid
for 1184 switches weighing 3.3 pounds.
IC 13-20-17.7-2
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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
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Provides loans and grants to promote and assist
markets for recycled products
Recycling and recycling education grants
totaled $1,200,000 for FY 2007
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Recycling grants totaling $673,282
Public Education and Promotion (PEP) grants
totaling $526,718
Awarded from the Solid Waste Management Fund
Continuous Improvement
IT initiatives
Tempo – Unified environmental database
 Virtual File Cabinet – File room via Web
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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
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Continuous Improvement
Office of Land Quality
Reduce ELTF 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
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Confined Feeding
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Adjusting staff and assignments to improve
program effectiveness
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IDEM & SWMD Issues
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IDEM has modified grant applications and policies.
Deadlines, funding dates, etc. available on OPPTA
website www.idem.in.gov or by calling 800-988-7901.
Updated recycling website www.recycle.in.gov this site
makes recycling information, including grants and loans
available.
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Recipient
Description Date Agency Amount
Bartholomew Co SWCD Contract 10/25/2005 IDEM $482,625
Bartholomew Co SWMD Grant 11/3/2005 IDEM
$9,650
Bartholomew Co SWMD Grant 12/2/2005 IDEM
$14,800
Bartholomew Co SWMD Grant 10/20/2006 IDEM
$9,660
Bartholomew Co SWMD Grant 3/21/2007 IDEM
$8,890
Total:
$525,625
IDEM & SWMD Issues
IDEM now administers the Recycling
Market Development Program for the
Lieutenant Governor’s office.
All IN recycling funding programs in one place.
 Private businesses can receive loans or grants
to relocate or expand recycling businesses.
 SWMDs are eligible for Recycled Product
Purchasing Grants of up to $5,000 as a trial or
demonstration to promote markets.
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IDEM & SWMD Issues
Maintain and Improve source separation &
recycling programs including leaf composting.
Funding focused on new and expanded recycling
programs.
 Recycle Guys promotional campaign is available to
SWMD’s free of cost.
 We are developing case studies of successful
programs so that they can be replicated.
 Market driven cost neutral programs are the future.
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IDEM & SWMD Issues
Verification of solid waste diversion rates
Office of Land Quality assignment.
 US Goals are 26% by 1995 and 35% by 2005
 IN Goals are 35% by 1996 and 50% by 2001
 IN has historically stated that we are meeting
the 35% goal, but this claim is not well
documented.
 We have not been able to document that the
amount of IN waste going to our disposal
facilities has been reduced by 35% or more.
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IDEM & SWMD Issues
Calculated waste generation in IN is now 15.8
lb/capita/day with 7 of these pounds diverted
to yield a diversion rate of 45%--this implies
that a family of 4 carts 442 lbs per week to the
curb—196 lbs for recycling and 246 for
disposal.
IDEM is funding a statewide waste
characterization study to get some ground truth.
 IDEM may recommend that the legislature
reconsider our goals based upon a market driven
system with different goals for each material.
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Possible Issues for
2008 Legislation
Possible 2008 Legislative Issues
We Expect Property Tax Reform the be the
Major Issue in the 2008 Legislative Session
IDEM will request Technical Corrections—
Include authorization to pay for removal of
mercury ABS assemblies from end of life vehicles
 Remove requirement of IDEM to have an “Office
of Laboratory”
 Allow the use of “Bio-remediation technologies”
 Move Lead program from IDEM to ISDH
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Possible 2008 Legislative Issues
Technical Corrections—
Allow electronic signatures for environmental
compliance reports and permit applications
 Reduce work site posting requirements for
wastewater operator certifications
 Eliminate the requirement that septage haulers
obtain two permits—one as a septage hauler and
one for land application
 Eliminate social security numbers from good
character requirements in solid waste law
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Other Issues may come from EQSC
Solid Waste Management Districts
Need to define current roles of Districts:
Accept mercury from households.
 Household hazardous wastes.
 Tire amnesty.
 E-scrap.
 Recycling promotion and market development.
 Is there any value in updating the 20 year old
plans?
 Should there be new funding mechanisms for
Districts?
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Questions?
Tom Easterly
100 N. Senate Ave. IGCN 1301
Indianapolis, IN 46204
(317) 232-8611
Fax (317) 233-6647
[email protected]