IDEM Update American Water Works Association February 21, 2008

We Protect Hoosiers and Our Environment

IDEM Update American Water Works Association

February 21, 2008

Thomas W. Easterly, P.E., BCEE, QEP Commissioner

IN Department of Environmental Management


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 & PolicyYale University

Center for International Earth Science Information Network (CIESIN)Columbia University

http://www.yale.edu/epi/


How Is IDEM Protecting Hoosiers and Our Environment?

Clear, consistent and speedy decisionsClear regulationsAssistance first, enforcement secondTimely resolution of enforcement actionsEvery regulated entity will have current valid

permits without unnecessary requirementsWritten Standard Operating Procedures Improved staff training and development


Performance MetricsQuality 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

65% 100% 20% 64+9 (73) out of 98+9 (108)

Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute

Land 21,761 66,565 86,864 91 permits

538 permits

29 permits

Air 187,860 207,000 385,000Water 27,426 48,000 200,000

* Places emphasis on back logged permits

Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards

Inspections 97.15% 97% 75%Self reporting 95.68% 99% 95%Continuous monitoring (COM) 99.65% 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 $2,800,000 $0 $3,447,017 $1,5 OLQ + $1.3 OAQ


Performance Metrics


Counties above AQ StandardsJanuary 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)


Permit Backlog ReductionIn 2005, there were 263 administratively extended NPDES permitsSix of those 263 remain to be issued:US Steel Gary WorksUS Steel Midwest DivisionArcelor Mittal Indiana Harbor EastArcelor Mittal Indiana Harbor WestArcelor Mittal Burns HarborHoosier Energy Merom Plant


2008 Legislative IssuesProperty Tax Reform is the Major Issue in the 2008 Legislative SessionSB 45—The Great Lakes Water Compact was signed into law yesterday by Governor DanielsHB 1120—Would ban phosphates in residential dishwasher detergent sold after July 1, 2010


2008 Legislative Issues• SB 200 addresses a number of issues

includingTransfers lead program from IDEM to ISDHClarifies mercury switch removal program

requirements to:Allow payment for removal of mercury containing ant-

lock braking switches and other mercury containing devices

Exempt wrecked vehicles where the mercury switch is not easily accessible

Allows IDEM to accept electronic signatures


2008 Legislative Issues• SB 200 Continued

Removes the requirement that IDEM have a laboratory division

Removes the requirement to display operator certificates at a treatment plant

Allows a single vehicle ID and land application permit approval for a septage hauler

Eliminates the requirement that IDEM obtain social security numbers as part of good character approval process

Allows IDEM to use ELTF for tank inspections


Dr. Barnes Review of BP NPDES Permit


BP Permit Public OutreachIDEM considers all stakeholders when making a permit decision. We respond to all comments received and include the responses in the fact sheet before making the final permit decision.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


BP Permit Public Outreach

A public comment period on the draft permit was offered from March 16 to May 11, 2007.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.


BP Permit Public OutreachIDEM 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 18-day appeal period for the permit ended on July 9, 2007 and no appeal was filed within that period. The permit became effective August 1, 2007 and the permit expires July 31, 2012.


BP Permit MediaPost Tribune Article stating that IDEM’s NPDES permit for BP did not require treatment.Lee Botts wrote letter to the editor pointing out that the Post Tribune article was not correctSunday July 15 Article in Chicago Tribune “BP gets break on dumping in Lake—Refinery expansion entices Indiana”


BP Permit MediaThe July 15 Tribune article resulted in:July 16 letters from Senator Durbin and

Representative Emanuel of Illinois to EPA and others criticizing IDEM’s permit action.

July 19th Commissioner Media Availability re BPHouse Concurrent Resolution #187 on July 26,

2007 “Expressing the sense of Congress regarding the dumping of industrial waste into the Great Lakes”

An EPA led August 15 “Great Lakes Summit”Numerous petitions, letters, etc.


BP Permit & Barnes ReportGovernor Daniels Requested the Barnes Review on August 13, 2007Dr. Barnes is the former Dean of the School of Public and Environmental Affairs—he served USEPA both times Bill Ruckelshaus was the AdministratorDeputy AdministratorGeneral Counsel

Dr. Barnes Issued His Report on December 3, 2007


BP Permit & Barnes Report“Permit complies with existing regulations and the explicit requirements of state and federal law.”“The wastewater discharge would not be expected to cause a violation of water quality standards or interfere with designated uses in Lake Michigan (including full body contact recreation such as swimming, maintaining the aquatic community, and drinking water supply).”


BP Permit & Barnes Report

“The limitations in the BP permit are as demanding, and in several instances much more restrictive than, those issued by adjoining states to refineries.”“With a flat ban on new or increased discharges of bioaccumulative chemicals of concern (BCCs) to Lake Michigan, Indiana is more protective of the Lake than the adjoining states…”


BP Permit & Barnes Report“Indiana should clarify its antidegredation regulations for Lake Michigan to make them easier for permit applicants and the public to understand and for the agency to apply.”“By modifying the regulations to address the shortcomings that I identified, Indiana can readily provide a more transparent process with clear requirements for making antidegredation decisions…”



“The initial press reports that mischaracterized some of the material that BP is authorized to discharge as “sludge” created a misconception in the minds of many members of the public officials that does not accord with the actual facts in this case.”



“Knowledgeable observers in both the environmental and business communities gave IDEM and its commissioner, Tom Easterly, credit for cutting the backlog of expired permits and for their efforts to engage the public early in the permit process.”



In addition to the antidegradation demonstration, public concerns include:The “Necessity” DecisionMixing Zone/DiffuserMercury (especially the compliance schedule)Monitoring and Reporting Requirements


Future IDEM ActionsIDEM will process an antidegradation regulationWill apply to entire StateSpecial protection for Lake Michigan

IDEM will require more documentation for Compliance SchedulesIDEM will obtain an EPA non-objection determination prior to placing an NPDES permit on public notice


Questions?

Tom Easterly100 N. Senate Ave. IGCN 1301

Indianapolis, IN 46204(317) 232-8611

Fax (317) [email protected]

IDEM Update American Water Works Association February 21, 2008

Documents

Transcript of IDEM Update American Water Works Association February 21, 2008