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1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Page 1: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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IDEMThomas W. Easterly, P.E., DEE, QEP,

Commissioner

Indiana Department

of Environmental Management

Page 2: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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IDEM Environmental Goal

Increase the personal income of all Hoosiers from the current $0.88/$1.00 of the national average to at least $1.00/$1.00 of the national average while maintaining and improving Indiana’s Environmental Quality.

Page 3: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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How is Personal Income Linked to Environmental Improvement?Maslow’s Pyramid reminds us that people meet their basic needs for food, shelter and security before addressing other needs.

In most of Indiana, personal autos for transportation are a basic need.

People with lower incomes can often only afford older more polluting automobiles which contribute more than their share to our transportation related air quality issues.

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Income and the Environment?People with more income typically purchase newer cars that pollute less.

Similarly, newer industrial processes have less waste (more product per unit of input).

Waste typically becomes pollution.

Financially successful industries typically are able to purchase these newer processes that pollute less.

Page 5: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Income and the Environment?

Businesses that are struggling financially still must pay their workers and their suppliers. One of the few places to reduce is maintenance.

At some point, deferred maintenance leads to reduced equipment availability and increased pollution.

Page 6: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Income and the Environment?

People and businesses who have met their basic needs look past their own needs to the greater good including the general quality of life.

Pursuit of improved quality of life includes support for better environmental quality.

Page 7: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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How Will IDEM Help Increase Personal Income?

Clear, predictable 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.

Page 8: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Actions to DateTwo agency-wide meetings with Governor Daniels to champion the new direction and answer questions.

Met with all agency staff to reiterate the message of change and answer questions.

Regular emails to staff to reinforce direction.

IDEM Streamlining and Efficiency Task Force.

Page 9: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Actions to Date

Delegated authority and responsibility to Assistant Commissioners and Branch Chiefs with the direction to do their jobs while considering economic development.

Asking people to first go to the staff responsible for the issue and let the staff do the right thing—let me know when there is a problem.

Page 10: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Future IDEM StructureLess management and more empowerment of technical staff

Eliminated the deputy commissioner layer

Manage by objectives EnPPA QMP or equivalent Meaningful Performance Assessment System

Generally implement government efficiency commission recommendations

Page 11: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Major Strategic IssuesCSO’s/Long Term Control Plans

Air Quality Non-Attainment Designations: PM2.5, Ozone & SO2

Redevelopment of Contaminated Sites Brownfields Voluntary Remediation Program LUST RCRA Corrective Action

Page 12: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Significant IssuesElectronic Permits and Reporting

Administratively extended NPDES permits Water Quality Standards or Variances

Not yet issued Title V permits

Appealed Title V and NPDES permits

Unwritten “policy” applied as regulation

Page 13: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Compliance & EnforcementFocus is on Compliance, not penalties or “gotcha”

Goal is for every regulated entity to understand and comply with their environmental responsibilities.

Will continue to enforce against those who do not meet their environmental responsibilities—working to speed up the enforcement process.

Page 14: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Performance ReportIDEM implements federal and state regulations to protect human health and the environment.

IDEM provides permits to allow the environmentally sound operation of industrial, agricultural, commercial and government operations vital to a prosperous economy.

IDEM provides compliance assistance, incentive programs and educational outreach to aid and encourage businesses and citizens in protecting and improving Indiana’s environment.

IDEM pursues enforcement action when a party disregards environmental regulations.

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Performance Report

Discovery: The department was top heavy in terms of management positions.

Action Taken: Reorganized the department and eliminated a complete layer of executive management staff. (Estimated annual savings = $400,000)

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Performance ReportDiscovery: When the Governor arrived in January, IDEM had significant backlogs of unresolved issues in a number of areas including: Resolution of enforcement actions-- Approximately 120

unresolved actions that were over two years old. Approval of long term control plans to address

Combined Sewer Overflows (CSO’s)—these are municipal sewer systems that discharge untreated sewage during rain events. Only 1 of 105 plans was approved between 2002 and January 10, 2005.

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Performance Report Major (Title V) Air Permits for electrical power plants

had not been issued since their 1996 application deadline.

A number of major water pollution (NPDES) permits had not been renewed since 1990.

Over 3,000 reported leaks from underground storage tanks had not been properly investigated.

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Performance ReportAction Taken: Progress has been made on each of the backlog issues by identifying the cause of the backlog and taking steps to address these issues. 90 of the 120 unresolved Resolution of Enforcement

Actions have been resolved to date. Additional staff were assigned to review and approve

long term control plans to address CSO issues as IDEM recognizes this to be a serious environmental issue. To date, IDEM has approved 3 more plans and has developed a schedule to approve at least 80 plans within the next 2 years with the remaining plans to be approved within 3 years.

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Performance Report

On January 11, 2005, there were 10 electric power plants that had not yet received their Title V Operating Permits. All of the major utility companies had appealed the permits that had previously been issued, and the remaining 10 were sure to be appealed if issued with the same conditions. There are more than a dozen issues included in these "global appeal issues." IDEM is negotiating new positions on these issues which will address those permits currently in litigation under appeal and will allow IDEM to begin issuing Title V permits in the future without the threat of an automatic appeal.

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Performance Report IDEM has been working thru major issues with USEPA

and as part of the new Environmental Performance Partnership Agreement both parties have committed both agencies to backlog completion by September 2006. To date, sixty-five (65) of the major NPDES permits have been administratively extended and two have expired. Sixty-seven (67) have not yet been renewed.

The original leaking underground storage tank (LUST) universe was approximately 8,000 of which 5,000 have been closed. Of the remaining 3,000, IDEM has initiated a response, either direct investigation or written correspondence, to approximately 2,500 and have plans to address the remaining 500.

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Performance ReportDiscovery: The Environmental Performance Partnership Agreement which details U.S. EPA’s and IDEM’s commitments to each other on federally funded environmental programs for 2003-2005 was 167 pages and contained commitments that were not met.

Action Taken: IDEM worked closely with EPA and the 2005-2007 agreement was reduced to only 36 pages and IDEM is confident that it can meet all the goals and commitments contained in the agreement.

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Performance ReportDiscovery: A consulting company was used by IDEM to review Excess Liability Trust Fund claims. These are claims regarding leaking gasoline or diesel tanks.

Action Taken: IDEM has decided to utilize existing staff to review these claims. (Estimated annual savings = $1 million)

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Performance ReportDiscovery: IDEM receives over $50 million annually in primarily federal grants; however, because there was no coordination of the grants process within the agency some grant money has not been spent and had to be returned to the federal government.

Action Taken: IDEM has consolidated grants management and is working with the newly formed Office of Federal Grants and Procurement within Governor Daniels office to be certain it is making full and proper use of every federal dollar it receives.

Page 24: 1 IDEM Thomas W. Easterly, P.E., DEE, QEP, Commissioner Indiana Department of Environmental Management

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Performance Metrics

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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]