Midwestern States Environmental Consultants Association

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1 Midwestern States Environmental Consultants Association August 8, 2017 Indiana Government Center South Auditorium Indianapolis, Indiana Bruno Pigott Commissioner Indiana Department of Environmental Management

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5 Level of Detetcion Water Reuse Mercury Net DMR Water Availability Wetlands Above Ground Storage Tanks Operator Assistance 303d Regional Sewer Districts 316b Pharmaceuticals Waters of the United States General Permits Pretreatment External Data Framework Pollutant Trading CAFOs 319 Revised Total Coliform Rule Vessel General Permit New Adaptive Management Inspection Green Infrastructure Hoosier River Watch Asian Carp Tools Variances Watershed Management Plans PERMITS COMPLIANCE ENFORCEMENT State Wildlife Plan Nutrients Virtual File Integrated Planning Lab-to-State New Technology 401Certifications Cabinet Operator Certification 316a Atrazene Wellhead Protection Water Quality Standards No Discharge Zones School Branch Watershed Capacity Development Ash Ponds Ground Water Monitoring Network Mercury CSOs Coal Operator Certification Gauging Mining Antidegradation Blue Green Algae Interference Stations MS4 Satellite Manure Storage Facilities SSOs ICIS Ground Water Under the Direct Influence of Surface Water Multi-Sector General Permit Lagoons Hydraulic Fracturing Non Point Source Pollution Nutrient Management Plans Land Application

6 Water Channels 7:30 PM 8:00 PM 8:30 PM 2 Permit Channel 316b Regulation Storm Water Requirements WATER 3 Water Quality Standards Channel Metals Nutrients What's Next? Watershed Management 4 NPS Channel Plans BMP Effectiveness 5 Drinking Water Channel Threats to our Water Capacity Development Faceoff Electronic Submittal Myth Busters GUIDE 7 The Rules Channel 9 Enforcement Channel 11 Boating Water Quality What is Antideg? Tales of the Weird Who Wrote that Rule? Comedy I'll Never Get Caught: A True Story What Do You Mean I Can't Dump My Sewage Tank in the Fish Don't Like It: The Marina? MSD Can You Understand that Rule OR What Language is that in?

7 What We re Watching Waters of the United States Nutrients and Harmful Algal Blooms Lead in Drinking Water VW Settlement

8 Waters of the United States Started with a Supreme Court Case, Rapanos v. United States. (2006) Developer Challenged jurisdiction over 22 acres of wetlands Court Ruling Split Four conservatives argued for limited reading of navigable waters Four liberal justices argued for expansive reading. Kennedy did not join either side. Argued that wetlands must have significant nexus to navigable waters

9 Waters of the United States USEPA Guidance Developed for site-by-site determinations. USEPA proposed a rule to clarify Waters and include exceptions. we GRANT petitioners motion for stay. The Clean Water Rule is hereby STAYED, nationwide, pending further order of the court. Sixth Circuit District Court, October 9, 2015.

10 Waters of the United States February 28, 2017 Executive Order directing EPA to review the rule and publish a rule to rescind or revise the rule. Letter from USEPA Administrator to Governors. Two step process: Recodifying the regulation in place prior to the Clean Water Rule. Agencies to propose a new definition reflecting Justice Scalia s principals in Rapanos. 10

11 Waters of the United States Administrator Pruitt traveling around the country to consult with States and stakeholders. Visit to Indianapolis last week. Met with the Governor and Agricultural Groups.

12 Nutrients

13 Lake Erie August 3, 2014

14 Nutrients and Lake Erie Basin August 2, 2014, Toledo municipal water supply infected with microcystin in raw and finished water. 500,000 residents told not to drink, boil or bathe in the water. Facility treated the water with alum and chlorine. Monday, August 4 th, Water Advisory lifted.

15 Nutrients and Lake Erie Basin Multi-State Actions: Michigan, Ohio, and Ontario signed a collaborative agreement to reduce phosphorus loadings 40% by 2025 and 20% by Annex 4 of the Great Lakes Water Quality Agreement.

16 Nutrients and Lake Erie Basin What is IDEM doing? Domestic Action Plans as part of Annex 4. All major NPDES permits will have phosphorus limits of 1 mg/l. Testing capacity. IDEM visits locations around the state to test for Blue Green Algae. IDEM sampling reservoirs for surface water systems.

17 East Chicago

18 East Chicago

19 East Chicago

20 East Chicago and Lead What Indiana has done: Partner in Superfund Cleanup. Governor s Emergency Declaration Assisted with residential relocation. Provided funds for expanding County Health Department Nursing Staff. Tested blood lead level for any resident. Replacing all Superfund site lead service lines. Provided water filters for all residents in Superfund site. Sampled for lead and arsenic throughout the city.

21 East Chicago and Lead

22 VW Settlement

23 What Are YOU Watching? Water Channels 7:30 PM 8:00 PM 8:30 PM 2 Permit Channel 316b Regulation Storm Water Requirements WATER 3 Water Quality Standards Channel Metals Nutrients What's Next? Watershed Management 4 NPS Channel Plans BMP Effectiveness 5 Drinking Water Channel Threats to our Water Capacity Development Faceoff Electronic Submittal Myth Busters GUIDE 7 The Rules Channel 9 Enforcement Channel 11 Boating Water Quality What is Antideg? Tales of the Weird Who Wrote that Rule? Comedy I'll Never Get Caught: A True Story What Do You Mean I Can't Dump My Sewage Tank in the Fish Don't Like It: The Marina? MSD Can You Understand that Rule OR What Language is that in? Let Us Know!

24 Questions? Bruno Pigott Commissioner IDEM

IDEM Update. ACEC Indiana Environmental Business and Funding Conference September 15, 2016 The Willows, Indianapolis

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