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IDEM Update Central Indiana Technical and Environmental Societies CITES April 17, 2007


Central Indiana Technical and Environmental Societies (CITES) April 17, 2007 ... HB1110 Removal of Mercury Convenience Switches from End of Life Motor Vehicles. ... – PowerPoint PPT presentation

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Title: IDEM Update Central Indiana Technical and Environmental Societies CITES April 17, 2007

IDEM UpdateCentral Indiana Technical and
Environmental Societies (CITES) April 17, 2007
  • Thomas W. Easterly, P.E., DEE, QEP Commissioner
  • IN Department of Environmental Management

New State Laws impacting IDEM from the 2006
Legislative Session
  • HB1110Removal of Mercury Convenience Switches
    from End of Life Motor Vehicles.
  • SB 234Improving the rulemaking process for wet
    weather discharges and authorizing the
    Environmental Stewardship Program.
  • HB1117Simplifying the solid waste statutes and
    eliminating the groundwater task force.
  • SB 146Removing the Property Transfer Disclosure
    Form from Statute.

IDEMs 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 Indianas
    Environmental Quality.

Pilot 2006 Environmental Performance Index Yale
Center for Environmental Law Policy Yale
University Center for International Earth
Science Information Network (CIESIN) Columbia
University http//
(No Transcript)
How Will IDEM Help 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

Performance Metrics
Counties above AQ Standards
  • January 10, 2005
  • Allen--Ozone
  • Boone--Ozone
  • ClarkPM Ozone
  • Dubois--PM
  • Elkhart--Ozone
  • Hamilton--Ozone
  • Hancock--Ozone
  • Madison--Ozone
  • MarionPM Ozone
  • Shelby--Ozone
  • St. Joseph--Ozone
  • January 1, 2007
  • Clark--PM
  • Marion--PM

Ozone Attainment Status
PM2.5 Attainment Status
PM 2.5 Status
  • New 24 hour standard issued in September,
    2006Annual standard retained
  • Designations will initially be based upon
    2004-2006 air quality, but the process will allow
    the use of data up to 2009
  • New nonattainment designations April 2010, SIPS
    due 2013
  • SIPS for current nonattainment areas due April,
    2008we may try redesignations

PM 2.5 Status
  • Based upon monitored 2004-2006 Air Quality, the
    following 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

  • IDEM is still meeting the statutory deadlines for
    permit issuance, as reported in past years
  • IDEM now tracks the total calendar days a permit
    is in house and is applying a deadline to permits
    that traditionally do not have a statutory
    deadline as a new interpretation to the intent
    of statutes

Total Permit Calendar Days
Air Permits for New Facilities
  • New Toyota Production at Lafayette Subaru
  • Louis Dreyfus Soy Biodiesel PlantLargest in the
  • A dozen new Ethanol Production Facilities with
    ten pending
  • Honda Greensburg NSR permit issued in 94 days

Percent of Activities Meeting Regulations
Office of Enforcement2002-2007
Major Regulatory Initiatives
  • Regulations to facilitate the proper management
    of e-Scrap
  • Rulemaking to require the removal of mercury
    convenience switches from automobiles prior to
    crushing or shredding
  • Rulemaking to allow Performance Track (Indiana
    Environmental Stewardship Program)Charter
    Members Announced in February 2007

Major Regulatory Initiatives
  • Outdoor Wood Fueled BoilersEQSC Report
    recommended waiting to proceed until EPA issues
    its model rule in January 2007
  • Utility NOx, SO2 and Mercury emission rules
  • CAIR, which regulates NOx and SO2, was adopted by
    the Air Pollution Control Board in November.
  • CAMR, regulating mercury, was due to EPA on
    November 17, but Indiana does not have a Final
    Rule because there has been no resolution of
    issues between Utilities which favor the federal
    program and the Hoosier Environmental Council
    which favors a 90 reductionAPCB May 2, 2007

Major Regulatory Initiatives
  • Rulemaking to establish presumptive 8-1-6 VOC
    BACT controls to streamline permitting
  • Acid Scrubbers for foundry core making
    aminesWithdrawn at Request of INCMA
  • Compliance with certain NESHAPs--Continuing
  • Ethanol Plant BACTFinal Adoption 12/6/2006
  • Possible statewide regulations on the formulation
    of consumer products (i.e. air fresheners,
    deodorants, etc.) and paint products to ensure
    continued compliance with the Ozone standard and
    reduce our impact on neighboring StatesFirst
    Notice Soon
  • Adjustments to the Title V fees to fully fund the
    programAir Board Adoption 12/6/2006

IDEM Fees Fund Balances Title V Example
  • Significant Communication Challenge
  • Auditor reports the check book balance for each
    fund on June 30
  • IDEM collects almost all of its Title V fees in
    the 2nd Quarter of each year.
  • IDEMs June 30 fee balance is similar to a
    persons check book balance right after
    depositing their paycheck
  • IDEM must pay all of its bills until the next pay
    day (next June 30) without overdrawing

IDEM Fees Fund Balances Title V Example
  • For the last five years (FY 02-FY 06), Title V
    fund expenditures have exceed revenues by
    5,771,277, yet the June 30, 2006 check book
    balance was 10,039,779 which many people believe
    is a healthy fund balance.
  • This fund balance is insufficient to cover the
    estimated 10,587,184 in expenditures up to the
    date of receipt of new funds in the 2nd Quarter
    of 2007.

IDEM Fees Fund Balances Title V Example
  • The payday checkbook balance minus the
    expenditures before the next pay day gives the
    minimum cash in the check book which is
    projected to be negative by 547,405 during FY
  • The actuarial fund balance (assets less
    contracted liabilities) is much worse because the
    fund has 6,131,187 in contractual obligations
    and its projected lowest net worth is actually a
    debt of 6,678,592.

05-06 Available Cash by Month
2007 Legislative Issues
  • BudgetSB432
  • Federal Funds continuing to decrease
  • State General Funds fluctuate
  • Dedicated Funds Except for Title V, fees
    collected for do not relate to program costssome
    programs like Methamphetamine Clean-up and
    Mercury Switch Management completely unfunded
    (Recently adjusted Title V fees)
  • Consider Prohibiting the Commissioner from
    renewing a permit for a facility that was not
    constructed or has not operated for the past 5

IDEM Budget Comparisons (w/o ELTF)
  • 2007-2009 206,249,350
  • 2005-2007 240,798,257

Federal 57,530,097 (27.9) Red
Federal 84,618,622 (35.1) Red
General 61,750,166 (29.9) Lt. Aqua
Dedicated 86,969,087 (42.2) Green
Dedicated 91,318,803 (37.9) Green
General 64,860,832 (29.9) Lt. Aqua
IDEM Fees (Thousands)
Environmental Crimes Task Force
  • SB286
  • Environmental Crimes Task Force Created by SEA
    195 (2005) has been meeting since October, 2005.
  • Chaired by Senator Kenley then Rep Walorski
  • Developing more specific environmental criminal

2007 Legislative Issues
  • Streamlined Rulemaking when adopting Federal
    Requirements (including deadlines) without change
  • Ask the 2007 EQSC to study Environmental
    Rulemaking Process SB154
  • Current Roles of Environmental Districts
  • Regional Water and Sewer Districts
  • Solid Waste Management Districts (Recycling)

  • Tom Easterly
  • 100 N. Senate Ave. IGCN 1301
  • Indianapolis, IN 46204
  • (317) 232-8611
  • Fax (317) 233-6647