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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 tanksBrownfields and Environmental RemediationEnvironmental Legal ActionRegional Sewer Districts
New State Laws Impacting IDEM from 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SB 155: Alcohol blended fuel underground storage tanks superseded by HB 1192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
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 Helping to Increase Personal Income?
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
How Does IDEM Protect the Environment?
Measure the air, water and land to determine the existing state of the environmentCompare 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
How Does IDEM Protect the Environment?
Develop regulations and issue permits to restrict discharges to the environment to safe levelsInspect and monitor permitted facilities to ensure compliance with the permitsEnforce against people who exceed their permit levels or violate regulationsEducate people on their environmental responsibilities
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
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 31,692 66,565 86,864 109 permits
584 permits
28 permits
Air 270,348 207,000 385,000
Water 49,950 48,000 200,000
* Places emphasis on back logged permits
Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards
Inspections 96.71% 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 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)
Ozone Attainment Status
Ozone Attainment Status
Total Permit Calendar Days
0
100000
200000
300000
400000
500000
600000
Air
Water
Land
Percent of Activities Meeting Regulations
0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00%90.00%
100.00%
Inspections
SelfReporting
EmissionMonitoring
Office of Enforcement2002-2006
2002 2003 2004 2005 2006 2007*
Referrals 887 607 467 547 591 372
Violation Letters
17 33 47 203 231 70
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
*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 streamChanges the focus of the inspection program
from compliance to penalty generation
Recent RulemakingsSolid 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
IC 13-20-17.7-2 20
Mercury Switch RemovalReported results from HEA 1110 (2006) - the mercury switch removal program:398 Indiana Participants2,548 Mercury Switches Collected5.61 Pounds of mercury removed from end of
life vehicles
As of September 28, we had actually paid for 1184 switches weighing 3.3 pounds.
Recycling Grants & LoansFunded 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
Continuous ImprovementIT initiativesTempo – Unified environmental databaseVirtual File Cabinet – File room via Web
Pay for performance Set clear performance expectationsHold staff accountable for their decisionsProvides an incentive to go beyond minimum
job requirements to assist regulated community
23
Continuous ImprovementOffice 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
Confined FeedingAdjusting staff and assignments to improve
program effectiveness
IDEM & SWMD Issues 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.
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.
IDEM & SWMD IssuesMaintain 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.
IDEM & SWMD Issues
Verification of solid waste diversion ratesOffice 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.
IDEM & SWMD IssuesCalculated 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.
Possible Issues for 2008 Legislation
Possible 2008 Legislative IssuesWe 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 vehiclesRemove requirement of IDEM to have an “Office
of Laboratory”Allow the use of “Bio-remediation technologies”Move Lead program from IDEM to ISDH
Possible 2008 Legislative IssuesTechnical Corrections—Allow electronic signatures for environmental
compliance reports and permit applicationsReduce work site posting requirements for
wastewater operator certificationsEliminate 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
Other Issues may come from EQSC
Solid Waste Management DistrictsNeed 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?
Questions?
Tom Easterly
100 N. Senate Ave. IGCN 1301
Indianapolis, IN 46204
(317) 232-8611
Fax (317) 233-6647
teasterly@idem.in.gov
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