we protect hoosiers and our environment idem update nirpc empc january 3, 2008 thomas w. easterly,...

We Protect Hoosiers and Our Environment

IDEM Update NIRPC EMPC

January 3, 2008

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

IN Department of Environmental Management


Presentation OutlineIDEM Progress and 2008 Legislative Outlook

Wastewater Permitting including:Barnes Report on BP PermitAntidegredation rulemakingProgress in Issuing Permits

Northwest Indiana Air Quality Update


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 187,860 207,000 385,000

Water 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


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”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

Clarify Rule Sunset Requirements


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 correct

Sunday 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 Actions

IDEM 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


Antidegradation Rulemaking History

Indiana has had an antidegradation policy for all waters in its Water Quality Standards since the 1970s

IDEM was formed in 1986

In 1997 IDEM adopted antidegradation implementation procedures for the Great Lakes Basin under EPA’s Great Lakes Initiative

In November 2002, IDEM established an antidegradation workgroup



March 1, 2003, First Notice of proposed Antidegradation regulations published—extensive comments received.March 2003 to April 2005 Work Group Continued to meetApril 1, 2005, Second Notice of proposed Antidegration regulations published—the summary of comments received is 49 pages long



In 2005 IDEM formed an internal workgroup to develop recommendations on responses to the public comments receivedThis group found that even if IDEM could

adequately address all of the comments raised, the proposed regulations would be extremely difficult to implement and follow

After evaluating many alternatives, staff recommended a new approach to rulemaking



The new concept is more like the Prevention of Significant Deterioration regulations for air pollution

New concept presented to interested parties between August 2, 2007 (here at NIRPC) and November 21, 2007

Staff is now drafting proposed regulatory language for presentation to interested parties


Permit Backlog ReductionIn 2005, there were 263 administratively extended NPDES permits

Six 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


Northwest Indiana Air Quality Update


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 Monitoring Trends

Three-year Design Values 2002-2006

0.065

0.070

0.075

0.080

0.085

0.090

Gary IITRI Hammond Whiting HighSchool

Ogden Dunes Valparaiso Michigan City LaPorte

18-089-0022 18-089-2006 18-089-0030 18-127-0024 18-127-0026 18-091-0005 18-091-0010

part

s pe

r m

illio

n

2002-2004 2003-2005 2004-2006 Standard

Area City 2002 2003 2004 2005 2006 01-03 DV

02-04 DV

03-05 DV

04-06 DV

07 Critical Values

Lake/Porter Whiting 0.100 0.082 0.064 0.088 0.081 0.090 0.083 0.078 0.077 0.086

LaPorte Michigan City

0.107 0.084 0.070 0.084 0.075 0.093 0.086 0.081 0.077 0.096


Lake and Porter NOx and VOC

N O x T o n s p e r S u m m e r D a y L a k e a n d P o r t e r C o u n t ie s

-

5 0

1 0 0

1 5 0

2 0 0

2 5 0

3 0 0

A r e a N o n - r o a d M o b i l e P o i n t T o t a l

2 0 0 4 2 0 1 0 2 0 2 0

V O C T o n s p e r S u m m e r D a y L a k e a n d P o r t e r C o u n t ie s

-

2 0

4 0

6 0

8 0

1 0 0

1 2 0

A r e a N o n - r o a d M o b i le P o in t T o t a l

2 0 0 4 2 0 1 0 2 0 2 0


Lake and Porter Counties Redesignation

All of Indiana except Lake and Porter Counties has been redesignated to attainment for the ozone standard

The Lake and Porter Redesignation was Submitted to EPA on September 12, 2006

U.S. EPA proposed approval –May 31, 2007—Comment Period Ended July 2, 2007. Illinois filed comments strongly objecting to Indiana

becoming attainment “because of Indiana’s impact on Illinois air quality”


Lake and Porter Counties Redesignation

A recent California court decision partially reinstated the 1-hour ozone standard

EPA is currently evaluating methods to comply with the court decision.

High Ozone Levels at the Whiting Monitor on 5/22, 6/11, 6/15, 6/16 and 6/17. The 4th high value appears to be 0.088, the critical value for this monitor was 0.086, we apparently have calculated nonattainment


ChiWaukee Monitor


Michigan City Monitor


Hammond Monitor


Holland Michigan Monitor


Controlling Chicago Monitor


What Does Redesignation Mean for the Area?

Area redesignated to attainment and classified maintenance.Different New Source Review permitting requirements.Controls that lead to attainment must remain in place.If an unexpected re-violation of the standard occurs, warning and action level response triggers in place.


Additional Measures to Provide Margin of Safety

Portable Fuel Container rule

Off-road engine controls

Auto Refinishing

Solvents and Degreasers

Consumer/Commercial Products

Automotive and Industrial Maintenance (AIM) Coatings

Outdoor wood furnaces


PM 2.5 Monitoring Trends

Three-year Design Value 2002-2006

0.0

5.0

10.0

15.0

20.0

EastChicago

Highland Gary Gary Hammond Hammond MichiganCity

LaPorte Not in acity

OgdenDunes

18-089-0006

18-089-0027

18-089-0031

18-089-1003

18-089-2004

18-089-2010

18-091-0011

18-091-0012

18-127-0020

18-127-0024

ug

/m3

2002-2004 2003-2005 2004-2006 Standard

NOTE: Only Lake and Porter counties have been designated nonattainment for PM under the annual PM 2.5 standard


Lake and Porter PM PM2.5 Redesignation

Partial nonattainment area redesignation request2005 Base Year2020 Planning Horizon and Conformity BudgetDraft is on my desk for final reviewPublic notice/comment January 2008 Final Submittal to EPA– March 2008


D a i l y T h r e e - y e a r D e s i g n V a l u e s

2 0

2 5

3 0

3 5

4 0

4 5

5 0

E a s tC h ic a g o

H ig h la n d G a r y G a r y H a m m o n d H a m m o n d M ic h ig a nC it y

L a P o r t e N o t in ac it y

O g d e nD u n e s

1 8 - 0 8 9 -0 0 0 6

1 8 - 0 8 9 -0 0 2 7

1 8 - 0 8 9 -0 0 3 1

1 8 - 0 8 9 -1 0 0 3

1 8 - 0 8 9 -2 0 0 4

1 8 - 0 8 9 -2 0 1 0

1 8 - 0 9 1 -0 0 1 1

1 8 - 0 9 1 -0 0 1 2

1 8 - 1 2 7 -0 0 2 0

1 8 - 1 2 7 -0 0 2 4

ug/m

3

2 0 0 2 - 2 0 0 4 2 0 0 3 - 2 0 0 5 2 0 0 4 - 2 0 0 6

New 24 Hour PM2.5 Standard


Questions?

Tom Easterly

100 N. Senate Ave. IGCN 1301

Indianapolis, IN 46204

(317) 232-8611

Fax (317) 233-6647

[email protected]

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