Indiana Chamber of Commerce
August 5, 2009
Thomas W. Easterly, P.E., DEE, QEP
Commissioner, Indiana Department
of Environmental Management
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IDEM 2009 Legislative Changes
• SB 221—Good Character and public
notification requirements for Confined
Feeding Operations (CFO/CAFO).
• HB 1162
– Water TMDL transparency improvements
– Water Antidegradation guidance on EUW’s, OSRW
projects and social and economic factors
2
IDEM 2009 Legislative Changes
• HB 1162 Continued
– IDEM RISC Cleanups must properly consider:
• Environmental Restrictive Ordinances (ERO)
• Proposals to eliminate pathways (i.e. paving, fences)
– How do we determine the long term viability of a proposed
institutional control?
– Do we need Financial Assurance to ensure controls are
maintained?
– How can we effectively use conditions subsequent?
3
IDEM 2009 Legislative Changes
• HB 1162 Continued
– Revises IDEM’s role in Environmental Restrictive
Covenants.
– Extends prospective purchaser protections to
petroleum contamination.
– Requires EQSC study of an Institutional Control
Registry, Environmental Trust Fund, and including
institutional controls into the One Call System.
4
IDEM 2009 Legislative Changes
• HB 1589—Electronic Waste
• Manufacturers are responsible for overseeing the
collection and recycling of sixty percent (by weight)
of electronics that they sell to Indiana households.
– (Requirements start January 1, 2010)
• IDEM is currently implementing the program and
working with the IRC, ICC and other key stakeholders
to maximize the effectiveness of the program while
minimizing the burden to stakeholders, including
manufacturers.
5
EQSC Wish List—Petroleum
• Study redesigning our program for petroleum
cleanup funding as a dedicated tax supported
activity, not as an insurance fund.
• The primary funding for the Excess Liability
Trust Fund is through a 1 cent per gallon tax
on diesel and gasoline sales.
• The Petroleum Trust Fund is funded through
tank registration fees and penalties.
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EQSC Wish List—Petroleum
– Combine the Petroleum Trust Fund and the Excess
Liability Trust Fund.
– Fund all petroleum clean ups.
– Address unpaid tank fees and improper reporting
through increased deductibles, rather than
disallowing reimbursement.
– Pay off the over $16,000,000 liability to Speedway,
a company that exceeds the annual statutory limit
of $3,000,000 a year in cleanups.
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Potential Regulatory Issues
• Increased EPA emphasis on enforcement to
improve environmental quality.
• EPA reevaluation of permitting decisions made
during the past eight years.
• IDEM Outdoor Hydronic Heater Rule restart.
• Increased scrutiny of all coal related activities.
• Transparency.
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Potential Regulatory Issues--Air
• New short term NOx Air Quality Standard.
• EPA reconsideration of 0.075 ozone standard
and 35 microgram/cubic meter PM2.5 Air
Quality Standards.
• CAIR replacement rule.
• CAMR and ICI boiler rules.
• EPA inaction on redesignation requests.
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Potential Regulatory Issues--Water
• Antidegradation Regulations.
• Algae issues and nutrient regulations.
– Great Lakes, Gulf of Mexico, Ohio River, Indiana
lakes, rivers and reservoirs.
• Pharmaceuticals and other trace pollutants.
• IDEM action on the final six extended permits.
• More attention to the Great Lakes.
10
Potential Regulatory Issues--Land
• RISC Guidance and Regulations implementing
HB1162.
• Coal combustion waste regulations.
• EPA to speed up review of pollutant risk
evaluations.
11
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.
12
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.
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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.
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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.
15
CO2 Cap and Trade Concerns
• CO2 is different from SO2 and NOx.
– We know how to change gaseous SO 2 to a solid
sulfate (SO4) compound such as gypsum which can
be sold as a product or landfilled.
– We know how to react NO x 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 CO 2.
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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.
17
CO2 Cap and Trade Concerns
• CO2 is different from SO2 and NOx.
– When the acid rain provisions passed, US SO 2
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 SO 2 emissions) with
33% from utilities and 19% from industries.
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