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					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 anti-
degradation 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         January 1, 2007
    Allen--Ozone            Clark--PM
    Boone--Ozone            Marion—PM
    Clark--PM & Ozone    Possible Addition
    Dubois--PM              Lake—Ozone
    Elkhart--Ozone           (Whiting Monitor)
    Hamilton--Ozone
    Hancock--Ozone
    LaPorte--Ozone
    Madison--Ozone
    Marion--PM & Ozone
    Shelby--Ozone
    St. Joseph--Ozone

                                                  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
300000
                                                                            Water
200000                                                                      Land

100000

      0
          005        1/2   005          006        1/2   006          007
   6 /30/2      12/3             6 /30/2      12/3             6 /30/2


                                                                            29
   Percent of Activities Meeting
           Regulations
100.00%
 90.00%
 80.00%
 70.00%                                                                                      Inspections
 60.00%
 50.00%                                                                                      Self
 40.00%                                                                                      Reporting
 30.00%
                                                                                             Emission
 20.00%                                                                                      Monitoring
 10.00%
  0.00%



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                                                                                  I
                                                                               IT
                                                                              IN



                                                                                                30
Administratively Extended Permits

 Wastewater Permits:         October     August
                              2005        2007
 Total                            263      34
 Major                             67      11
 Minor                            196      23
 Total permit days            303,000   55,000



                       IC 13-15-4-19             31
                 Office of Enforcement
                       2002-2006
                  2002   2003 2004 2005 2006 2007*
Referrals         887    607   467   547   591    372
Violation
                   17    33    47    203   231    70
Letters
Notice of
Violations        561    457   318   202   427    263

Agreed Orders     311    349   314   258   417    207
Commissioner's
Orders             15    15     6    41     38    19

Dismissals        125    121   44    48     46    24
                                                   2007
                                           *August 32
      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             Total         Difference
                   Revenue         Expenditures
Permit Operation   $20,771,187        $21,525,092    -753,905
Fund
Water Mgmt         $6,129,261          $6,229,940    -100,679
Permits
Solid Waste        $5,302,415          $5,245,441     56,974
Permits
Hazard Waste       $5,345,187          $6,153,146    -807,959
Mgmt Fund
Safe Drinking      $3,994,324          $3,896,565     97,759
Water



                            IC 13-15-11-6                      35
             Comparing 2006 to 2007 Fees
                                                                      To-Date%
                                 2007 YTD             2006
                                                                      Up/Down from 2006
Permit Program                   (Jan-June)        (Jan-June)
AIR : Title V Permit Program
Subtotal:                         $12,659,748           $10,282,206         23.12%
HAZARDOUS WASTE:
Subtotal:                           $1,157,582           $1,183,537         -2.19%
SOLID WASTE:
Subtotal:                           $2,375,452           $2,300,097          3.28%
Confined Feeding Operations & Concentrated Animal Feeding Operations
Subtotal:                   $13,950        $20,350                         -31.45%
WASTEWATER: NPDES Program
Subtotal:                $3,643,253     $3,749,696                          -2.84%
Stormwater: NPDES Stormwater Discharges
Subtotal:                 $320,990       $254,235                           26.26%
DRINKING WATER CONSTRUCTION:
Subtotal:               $2,578,991      $1,353,145                          90.59%
T0TAL:                            $22,749,966           $19,143,266         18.84%
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
                  Permits Issued     Suspended or
      Office         FY 2007          withdrawn
                                       FY 2007
Air                    1406              115

Land                 1210                 8
               Approvals/decisions
Drinking water        194                 4
                   697 NOIs
Wastewater            438                65
                711 construction
                     IC 13-15-12-2             37
Rulemaking Process




                     38
     Recent Rulemakings
Air Pollution Control Board
   Permit Fees – first noticed 5/07
        Title V fees increased 25%
        Related air fee rule in process
   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
        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
        Based on federal rule
   Clean Air Interstate Rule – final adopted
        State Implementation Plan submitted to EPA
         2/07
   Enhancement to auto emissions inspection
    – Final adoption hearing 9/07 in Portage
        Lake and Porter County inspection and
         maintenance plan
   VOC rules – first and second notice stages
        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
        Compliance schedule allowing time to achieve NPDES permit limits
         for CSO communities
   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
        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
        Sets up procedures for removing mercury switches
   Meth lab clean-up rule (SEA 444, 2005) – effective
    3/07
        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 e-
         waste, 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
             Continental Steel in Kokomo ($95 Million)
             Jacobsville Neighborhood in Evansville ($100 Million)
   Response for immediate emergency removals
        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
                                  FY1997-FY1998
          $35,000,000.00      $10 M from HSRT F to
                                establish Brownfields
          $30,000,000.00
                                       Program
          $25,000,000.00
Balance




          $20,000,000.00                                Revenue
                                                        Expenses
          $15,000,000.00
                                                        Balance
          $10,000,000.00
           $5,000,000.00
                  $0.00
          -$5,000,000.00
                             95
                             96
                             97
                             98
                             99
                             00
                             01
                             02
                             03
                             04
                             05

                          FY 6
                            07
                     Es FY0
                          FY
                          FY
                          FY
                          FY
                          FY
                          FY
                          FY
                          FY
                          FY
                          FY
                          FY


                       t.
                           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
    mtretter@idem.in.gov

          Sandra Flum
 Intergovernmental Relations
         317-233-9479
      sflum@idem.in.gov

                                 57

				
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Description: Service Contract V. Corrections Corporation of America document sample