Indiana Environmental Issues IEA, September 20, 2007

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Indiana Environmental IssuesIEA, September 20,
2007

• Thomas W. Easterly, P.E., BCEE, QEP Commissioner
• IN Department of Environmental Management

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IDEMs 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 Indianas
  Environmental Quality.

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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/

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(No Transcript)
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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

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Performance Metrics
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Counties above AQ Standards

• January 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
• MarionPM
• Possible Addition
• LakeOzone (Whiting Monitor)

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Ozone Attainment Status
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PM 2.5 Attainment Status
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Total Permit Calendar Days
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Percent of Activities Meeting Regulations
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Office of Enforcement2002-2006
August 2007
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Enforcement Backlog

• In early 2005, IDEM identified 120 open
  enforcement cases over 2 years oldall of those
  cases have been resolved.
• 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 oldno cases over 2 years old.

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EPAs 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

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Impacts of EPAs 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

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PM 2.5 Status

• New 35 microgram per cubic meter 24 hour standard
  issued in September, 2006Annual 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,
  2008redesignations and SIPs

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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

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Recent Rulemakings

• Air Pollution Control Board
• Outdoor Wood Boilers/Hydronic Heaters - Second
  notice under review to be issued soonconcept is
  emission limits for new installations
• Best Available Retrofit Technology (BART) final
  adoption expected 10/07
• Control measure for regional haze State
  Implementation Plan
• CAIR satisfies rule for EGUs
• Affects ALCOA, ESSROC Cement Corp., ESSROC
  Materials, GE Plastics, and Mittal Steel-Burns
  Harbor
• East Coast States are asking us to do more even
  though their class I areas are below the glide
  path

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Recent Rulemakings

• Clean Air Mercury Rule preliminarily adopted
  5/07final 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
  Preliminarily adopted 9/5/07
• Lake and Porter County inspection and maintenance
  plan
• VOC rules first and second notice stages
• Regional effort to reduce Ozone

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Climate Registry

• Indiana is one of a handful of States that has
  not signed on to the Climate Registry
• We have no objection to voluntary programs to
  inventory greenhouse gas emissions
• We do not want to spend Hoosier taxpayer dollars
  on a not-for-profit organization based in
  Washington DC
• Signing on to the Climate Registry might
  improperly imply that Hoosier businesses need to
  participate in the Climate Registry

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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

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BP NPDES Permit

• IDEM issues permits to protect human health and
  the environment
• No exceptions were made with BPs wastewater
  permit which is fully protective of drinking
  water, recreation and aquatic life in Lake
  Michigan

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BP NPDES Permit

• BPs permitted discharge levels are established
  at or below the lower of technology based
  effluent limits and water quality based effluent
  limits.
• BPs New Permit does allow increased discharges
  of ammonia and Total Suspended Solids to
  accommodate the processing of Canadian Heavy
  Crude derived from tar sands

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BP NPDES Permit

• This permit had the most extensive public
  outreach to the environmental community of any
  permit issued by IDEM.
• IDEM coordinated with EPA to ensure compliance
  with the Clean Water ActOn April 5, 2007, EPA
  issued a written notice of no objection
  concerning the BP Permit.

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BP NPDES Permit

• The permit was issued on June 21, the permit
  ended on July 9, 2007 and no appeal was filedthe
  permit effective date is August 1, 2007 and the
  permit expires July 31, 2012.
• The Alliance for the Great Lakes, which was
  involved in pre permit discussions with EPA and
  IDEM has now filed a appeal on the NPDES Permit

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BP NPDES Permit

• At the urging of Illinois politicians, the US
  House passed a resolution critical of the permit
• The City of Chicago and others have delivered
  petitions with tens of thousands of signatures
  objecting to allowing increased discharges to
  Lake Michigan
• USEPA originally supported the IDEM BP permit,
  but is urging BP to go beyond compliance to
  address public concerns

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BP NPDES Permit

• USEPA has also indicated that they will engage in
  extensive review of all future major IDEM NPDES
  permits
• USEPA is also raising numerous issues with IDEMs
  draft air pollution permit for BP and is taking
  very conservative positions
• Does a legally issued permit allow an activity,
  or is it the starting point for a beyond
  compliance negotiation?

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Thank YouQuestions

• Tom Easterly
• 100 N. Senate Ave. IGCN 1301
• Indianapolis, IN 46204
• [phone]
• Fax [phone]
• teasterly_at_idem.in.gov