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SB 155: Alcohol blended fuel underground storage tanks superseded by HB 1192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