Indiana Chamber of Commerce Environmental Permitting Seminar

June 14, 2011

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

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Bruno PigottAssistant CommissionerOffice of Water Quality

Paul HigginbothamChief, Permits Branch

Office of Water Quality

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IDEM’s MissionWe Protect Hoosiers and Our Environment

IDEM’s mission is to implement federal and state regulations to protect human health and the environment while allowing the environmentally sound operations of industrial, agricultural, commercial and government activities vital to a prosperous economy.

How Does IDEM Protect Hoosiers and Our Environment?

• Develop regulations and issue permits to restrict discharges to the environment to safe levels.

• Inspect and monitor permitted facilities to ensure compliance with the permits.

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How Does IDEM Protect Hoosiers and Our Environment?

• Use compliance assistance and/or enforcement when people exceed their permit levels or violate regulations.

• Educate people on their environmental responsibilities.

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Performance Metrics April 2011Quality of Hoosiers' Environment Result Target Comments

% of Hoosiers in counties meeting air quality standards

99.99% 100% 80% Muncie Lead—675 people

% of CSO Communities with approved programs to prevent the release of untreated sewage

95.4% 100% 20%94+9 (103) out of 98+9 (108)

% of Hoosiers receiving water from facilities incompliance with safe drinking water standards

99.6% 99% 95%

Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute

Land 28,809 66,565 86,864

Air 91,841 207,000 385,000

Water 70,760 48,000 200,000

* Places emphasis on back logged permits

Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards

Inspections 97.36% 97% 75%

Self reporting 94.82% 99% 95%

Continuous monitoring (COM) 99.72% 99.90% 99%

* Tracks observations and not just inspections

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Performance Metrics June 2005Quality of Hoosiers' Environment Result Target Comments

% of Hoosiers in counties meeting air quality standards

61% 100% 80%12 counties & 2,408,571 of 6,195,643 above standard

% of CSO Communities with approved programs to prevent the release of untreated sewage

4% 100% 20% 75% by 2007 is goal

Permitting Efficiency Total calendar days accumulated in issuing environmental permits, as determined by state statute

Land 100,013 66,565 86,864

Air 511,000 207,000 385,000

Water 301,000 48,000 200,000

* Places emphasis on back logged permits

Compliance Total percentage of compliance observations from regulated customers within acceptable compliance standards

Inspections 95.46% 97% 75%

Self reporting 97.11% 99% 95%

Continuous monitoring (COM) 99.19% 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 $6,179,367 $0 $3,447,017

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Comparison of Region 5 States Permitting Program Status

compiled by U.S. EPA Region 5 for March 10, 2011 State

Environmental Directors Meeting

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(573) (650) (385)

(295) (597) (467)

(Total Number of Title V Permits)

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Office of Water Quality

• Water Quality Improvement

• Success Stories 2010

• Permitting Priorities 2011

Indiana Water Quality Changes over 25 Years

• Improvements in Water Quality Noted in Fish Tissue Analysis:– PCBs– Dieldrin– DDT

Trend of Total PCB in Indiana Fish 1983-2008

Median

Mar

-198

6

Sep

-198

8

Mar

-199

1

Sep

-199

3

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Oct

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No Consumption FCALevel >2.0 mg/kg

Unlimited consumptionFCA level < 0.05 mg/kg

Trend of Dieldrin Concentration in Indiana Fish 1983-2008

Median

Feb

-198

6

Au

g-1

988

Mar

-199

1

Sep

-199

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Mar

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Sep

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Trend of Total DDT in Indiana Fish 1983-2008

Median

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Success Stories 2010

• Staff worked hard with fewer people

• Completed core work with reduced resources

• Two Notable projects– Ground Water Monitoring Network– Blue Green Algae Monitoring

Ground Water Monitoring Network

• Determine the quality of ground water in the state’s aquifers by examining private residential wells and public water supply wells across Indiana

• Fill in the ground water data gap from previous years in Indiana’s Water Monitoring Strategy

• Provide the public with access to the ground water sampling data

GWMN Site Locations

Summary• The GWMN is a “snapshot” of ambient ground water

quality across Indiana

• Goal: create a robust dataset representative of ground water quality across Indiana

• The GWMN is a planning tool to help address point source and non-point source contamination

Why Worry About Blue-Green Algae?

The Problem• Drinking Water

– Taste and Odor Compounds• Geosmin and MIB (methylisoborneol)• Not toxic

• Recreation– High cell counts: Dermatitis– Toxin Production: Neuro and hepatotoxins

• Microcystin, Cylindrospermopsin, Saxitoxin, Anatoxin• Ingestion/inhalation while swimming

• Ecological– Dissolved Oxygen Depletion

Blue-Green Algal Blooms:Causes

• Complicated lake system dynamics– Eutrophic systems

• Anthropogenic acceleration

– Warm stagnant/still water– Seasonality– Nutrients

• Phosphorus– Total Nitrogen plays a role, too

• Water column and sediments

Blue-Green Algae Monitoring in Indiana

• IU Bloomington– Clean Lakes Program

• Bill Jones, Director

• IUPUI – Center for Earth and Environmental Science

• Lenore Tedesco, PhD

• IDEM– Watershed Assessment and Planning Branch

IDEM’s Pilot Blue-Green Monitoring Program

• Funded by a U.S. EPA Supplemental 106 Grant• Two year funding cycle• July through late September

– Five lakes in 2010– Eleven in 2011

• Partnering with IUPUI Center for Earth and Environmental Science (CEES)

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IDEM 2011 Lakes

Top OWQ Priorities 2011• Antidegradation.

• Reissue ArcelorMittal East and West NPDES permits.

• Develop General Permits for permits currently issued under general permit rules.

• Develop Nutrient Water Quality Standard for lakes.

Antidegradation • Adoption of Antidegradation rule

– Work group sessions over two years.– Issued a second notice of rulemaking with specific rule

language.– Received extensive comments. – Evaluated comments, considering rule changes.

Steel Mill Permits• Issue remaining backlogged NPDES individual

permits. – Arcellor Mittal East– Arcellor Mittal West

Backlogged NPDES Permits

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14 6

141

263

0

50

100

150

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300

Jan'05

Sept'05

Sept'06

Sept'07

April '08

Date

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• Develop General Permits for permits currently issued under general permit rules. – EPA raised concerns about issuing general permits through

rules.– IDEM will convert those rules to general permits issued

every five years.– Statutory and rule changes will be necessary.– Time frame: beyond 2011.

General Permits

– Increasing awareness that nutrients in the Midwest contribute to Gulf Hypoxia.

– OWQ has sampled waters to develop scientifically valid criteria for nutrient Water Quality Standards in lakes.

– OWQ developed a first notice of rulemaking.

– OWQ will initiate a workgroup to discuss the standard and implementation.

Phosphorus WQS for Lakes

Water Quality Permits Branch• Individual NPDES Permits

– Compliance Schedules– Thermal Requirements– Water Intake Structures– Storm Water Requirements

• Challenges for NPDES Permitting– Permit Renewals– Permit Requirements– CSO Plans– Pesticide General Permit

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Compliance Schedules– When included in permits

– For What?

– More closely scrutinized

– Not linked with variances

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Thermal

• Temperature Requirements– Found in most power plant permits and other

large industrial NPDES permits– Variances can be requested– IDEM in the process of developing draft protocols

to ensure that variance applications and renewals meet regulatory requirements and provide consistent data monitoring and data submittal.

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Water Intake Structures

– Fish ‘impingement’ and ‘entrainment’– EPA requirements– Requirements in permit renewals

• Studies• Fish Return Structures• Intake water velocity

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Storm Water Requirements– Incorporated in all individual industrial permits– Newer non-numeric limits: BMPs– Developed as part of the discussions with EPA to

withdraw their objection to the USS – Gary Works NPDES Permit

– Incorporates the requirements found in the EPA Multi-sector General Permit

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Challenges for NPDES Permits

• Permit Renewals– IDEM facing a large number of renewals at the

same time.– Working to issue within timeframes.

• Complete Applications• Denials if not complete

– Power Plant Permits

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Challenges for NPDES Permits

• Permit Requirements– Nutrients.

• Phosphorus• Limits Based on Narrative Standards• Limits Based on Standards: Implementation is Key.

– Region 5 EPA Review of Permits

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Combined Sewer Plans

• OWQ has 16 CSO Plans to review and approve.

• Mostly small communities with few resources.

• Our goal is to complete the review and approval of all of the plans.

Pesticide General Permit• Court Ruling Requiring General Permit for certain Pesticide Applications.

• Indiana Pesticide General Permit has been public noticed

• Court granted EPA request for extension to October 31, 2011

• Legislation in US Congress

• IDEM in holding pattern

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Questions?Tom EasterlyCommissionerIndiana Department of Environmental Management317-232-8611teasterly@idem.in.gov

Bruno PigottAssistant CommissionerOffice of Water Quality317-233-2550bpigott@idem.in.gov

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Paul HigginbothamChief, Permits Branch

Office of Water Quality317-232-8631

phigginb@idem.in.gov