IDEM Update ACEC Indiana Environmental Business and Funding Conference September 15, 2016 The Willows, Indianapolis Bruno Pigott Chief of Staff Indiana Department of Environmental Management 1
2
3
4
Your heart beats about 100,000 times in one day and about 35 million times in a year. During an average lifetime, the human heart will beat more than 2.5 billion times. 5
6
IDEM s Focus The Core Work Permits, Compliance, Enforcement Areas of Special Focus Nutrients Lead Cleaning Up Contaminated Sites Update on Federal Initiatives 7
Permits Percent of Statutory Days 250 Percentage of allowable days 200 150 100 50 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 8
Indiana is Best in NPDES Permitting 120.0% Total % Current Wastewater Permits 100.0% 80.0% 60.0% 40.0% 20.0% 0.0% IN LA* ND* NV AR* FL* VA ME* OK* NC* OH TX* MS AL* MD NY* NE* AZ* KS* M TN W DC GA* PA UT WV RI NJ* CO* NM W KY CA* IL MT* WI SD* MO SC* MI HI* IA VT* CT DE* MA NH AK* OR* ID 9
Percent of Title V Permits Current 100 90 80 70 60 50 40 30 20 10 0 Indiana is Best in Air Permitting IN OK KY SD WV NM MD LA CA-SJ AR FL AL AZ MI CA-SC GA IA OH TN WI NY VA NC IL MS SC NE PA AK WY OR KS TX CO HI MO WA MN MA NJ State 10
IDEM Inspects Facilities Regularly Full compliance evaluations of Part 70 sources once every two (2) years; Full compliance evaluations of all Federally Enforceable State Operating Permits once every five (5) years; Inspect all Treatment, Storage and Disposal Facilities every two (2) years; Compliance inspections at all Confined Animal Feeding Operations every five (5) years; Inspect each underground storage tank once every three (3) years; Inspect each major and minor NPDES Permitted facility every two (2) years; and Inspect each general permitted facility every four (4) years. 11
Areas of Special Focus Nutrients Lead Site Clean Up 12
Nutrients
Nutrients EPA focused on Nutrients Toledo Gulf Hypoxia EPA has encouraged: Nutrient Reduction Strategy Collaborative work with other states/organizations Development of Water Quality Criteria 14
Nutrients at the State Level IDEM/ISDA Developed Statewide Nutrient Reduction Strategy. IDEM working with Great Lakes Executive Committee on Nutrient Annex. Major municipal dischargers limit of 1 mg/l. Phased in at permit renewal Municipalities working to determine whether to employ chemical or biological treatment. 15
Nutrients at the Local Level Geist Blue Green Algae Lead to Sampling at Corps and other reservoirs Also sampling surface water system reservoirs. The White River 16
17
18
Lead 19
Lead in Drinking Water Some public water systems face lead problems due to aging lead pipes that leach lead due to corrosive water. Main water line pipes from do not contain lead. Some water mains have packing that connects piping together, which may contain lead. Some lines that run from the water main to the home may contain lead. 21
Lead in Drinking Water Systems must monitor for lead. Kitchen or bathroom cold water taps at single family homes must be tested every three years. If more than 10% of samples exceed an action level, systems must act. Often systems add treatment that controls corrosivity. Most common treatment involves adding chemical phosphates to coat the pipes to reduce contact between water and lead. IDEM works with systems to ensure any lead exceedances are addressed.
Lead in Drinking Water In January and February, IDEM requested an update from all 789 community public water systems regarding the locations of their lead service lines. The responses are available on IDEM s virtual file cabinet. When systems have a lead exceedance, a certified copy of the lead consumer public notification sent to ratepayers must be submitted to IDEM in accordance with the federal rule, and the notification will be posted to IDEM s virtual file cabinet. IDEM has taken steps to improve the administration of the drinking water program by developing and implementing lab-to-state wherein certified laboratories submit their drinking water sampling results electronically. 23
Lead in Soils USS Lead Smelter in East Chicago Operated from the early 1900 s through 1985. Site Cleaned up by USEPA under RCRA in 1993. Residential area north of smelter declared Superfund site in 2008. Area includes School and Public Housing. Mayor called for evacuation of residents in housing project. Residents concerned about lead exposure. 24
Lead in Soils Other Lead Sites Exist Around the State. EPA involved in many. IDEM conducting inventory of the sites. Concern about lead contamination expected to stay high. 25
Site Cleanup Reorganization. ELTF Claims. Project prioritization. Review Panel. Superfund. 26
Site Cleanup: Reorganization 27
Site Cleanup: ELTF Claims UST cleanups can be reimbursed through Excess Liability Trust Fund. IDEM requires justification to be submitted with Claims. IDEM recently presented a Nonrule Policy Document outlining specific justifications required. 28
Site Cleanup: Project Prioritization Programs include: Voluntary Remediation State Cleanup Federal Programs Prioritizing cleanup in each program. 29
Site Cleanup: Review Panel Pilot Project for Resolving Technical Disputes Applies to State Cleanup and VRP sites Panel Composed of Subject Matter Experts within IDEM but outside of Remediation Program Available once internal review concurs there is an impasse and the consultant requests review by the Panel 30
Site Cleanup: Superfund Riverside Wellfield IDEM initially recommended listing as Superfund site. IDEM worked with others to propose local plan West Vermont Drinking Water Contamination Site. EPA listed this month TCE, PCE contamination 31
Federal Initiatives Waters of the United States Clean Power Plan Electronic Reporting General Permits 32
Waters of the United States USEPA finalized a rule that would clarify definition of Navigable 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. IDEM will continue to conduct business as usual while the matter is litigated.
Clean Power Plan The application for a stay submitted to The Chief Justice and by him referred to the Court is granted. The Environmental Protection Agency s "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units," 80 Fed. Reg. 64,662 (October 23, 2015), is stayed pending disposition of the applicants petitions for review in the United States Court of Appeals for the District of Columbia Circuit and disposition of the applicants petition for a writ of certiorari, if such writ is sought. Murray Energy Corp. et al. v. EPA et al., U.S. Supreme Court, February 9, 2016 34
Electronic Reporting Rule EPA passed an electronic reporting rule in 2015. About 80% of Indiana permit holders have signed on to NetDMR. EPA temporarily took NetDMR down to update the system. 35
New General Permits IDEM Now Issues most industrial general permits administratively. IDEM must convert the Storm Water permits to administratively issued permits. Application process remains the same. IDEM will engage stakeholders in the process. 36
Questions? Bruno Pigott Chief of Staff Indiana Department of Environmental Management (317) 233-2550 bpigott@idem.in.gov 37