Indiana Environmental Health Association September 2009

Thomas W. Easterly, P.E., DEE, QEPCommissioner, Indiana Department

of Environmental Management

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IDEM’s Mission

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.

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How Does IDEM Protect the Environment?

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

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

3. Enforce against people who exceed their permit levels or violate regulations.

4. Educate people on their environmental responsibilities.

New Technology at IDEM

• Virtual File Cabinet• Digital Inspector• e DMR• Tempo

Virtual File Cabinet• IDEM’s electronic filing system—over 48.5

million documents now available to the public electronically.

• Visits to IDEM file room down over 90% from 445/mo 1Q 2007 to 35/mo 2Q 2008.

• IDEM's Virtual File Cabinet 101 Tutorial is: http://www.in.gov/idem/files/vfc/vfc_h1.html

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Digital Inspector• Digital Inspector Tool is a computer tablet

based tool with standardized inspection checklists, links to all information about the facility and the regulations.

• This tool is currently in use for solid waste inspections including CAFOs, Auto Salvage Yards and Landfills.

• Is being expanded to other programs.6

e-DMR• e-DMR—Electronic filing of waste water

discharge monitoring reports.• Currently available for all Indiana facilities.• IDEM is currently doing outreach to help

people learn how to use this new system.• Will increase efficiency and eliminate errors

caused by reentry of data from paper forms to IDEM computers.

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TEMPO• Enterprise wide electronic integration of all

IDEM information—part of the infrastructure to receive and process electronic permit applications and reports:– Four programs currently accepting electronic

submittals:• Wetlands 401 Water Quality Certifications• Community Right to Know• Office of Land Quality Site Investigations• eDMR Wastewater Discharge Monitoring Reports

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TEMPO Continued– Expect ten additional programs to accept

electronic submittals by the end of the year:• Water Quality Erosion Construction Permits (Rule 5)• Water Quality Industrial Runoff Permits (Rule 6)• Air Quality Permits by Rule• Air Quality Asbestos• Air Quality Source Specific Operating Authorizations• Drinking Water Program• Brownfields

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TEMPO Continued• State Revolving Fund (water and wastewater loans and

grants)• Underground Storage Tanks • Diesel Emission Reduction Program

– Expect all IDEM programs to be electronic in 2012

• TEMPO is currently in use in seven states working together to share programming costs and to provide a common interface to the regulated community:

IN, KY, LA, MD, MS, NJ, UT 10

Modernized Programs/Changes• Metrics• Enforcement Changes• Local Air Agencies• Rulemaking Reorganization• Response to Budget Challenges

– Efficiency Gains--Return Staffing to historical levels– Travel Restrictions– Suspended most new Grants and Loans

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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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Performance Metrics July 2009Quality of Hoosiers' Environment Result Target Comments

% of Hoosiers in counties meeting air quality standards 98% 100% 80%

1 county & 106,673 of 6,376,792 above standard

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

93% 100% 20%90+9 (99) out of 98+9 (107)

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

Land 27,695 66,565 86,864 138 permits

293 permits

108 permits

Air 66,978 207,000 385,000

Water 38,155 48,000 200,000

* Places emphasis on back logged permits

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

Inspections 96.36% 97% 75%

Self reporting 97.82% 99% 95%

Continuous monitoring (COM) 99.72% 99.90% 99%

* 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 $1,400,000 $0 $3,447,017 $1.4 OLQ

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Agency Change: Enforcement• No improvement in compliance rates in 4 years.• Discussed enforcement models (separate office or

in program) with EPA headquarters – both in use at EPA and other states and both can be effective

• Non-technical enforcement staff regularly “waiting on program staff” under the control of other managers to resolve cases.

• Enforcement-only responsibility = No incentive to resolve cases

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Agency Changes: Enforcement• Returned enforcement function and staff to the

air, water and land programs.

• Published Internal-Deliberative Compliance and Enforcement Response Policy (CERP) as a Non-rule Policy Document to increase transparency and facilitate understanding of the enforcement process.

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Agency Changes: Local Contracts

• Continuation of IDEM’s goal to use efficiency gains to reduce contracting out of core environmental protection functions.

• Local Agency Contracts amounted to about $2M/year, not including IDEM oversight costs.

• Improves consistency across state with amount of oversight and application of regulations.

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Agency Changes: RulemakingIn January 2009, consolidated separate air, water and land rulemaking sections into one Rules Development Branch located in IDEM’s Office of Legal Counsel.

1. Addressed ebb and flow of rulemaking in each media program

2. Provided opportunity to cross train media-specific rule writers

3. Better prepared for large rulemaking initiatives4. Work closer with legal staff

Current State Budget Balances

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IDEM Staffing LevelsFiscal Year 2004 2005 2006 *2007 *2008 *2009 *2010 *2011Budgeted 1,054 1,054 1,063 1,063 1,031 1,031 983 983

Filled 895 918 915 927 954 950 983 983

* The increases in staff reflect the following:(4) new LUST Inspectors to meet Federal Energy Policy Act(7) OLQ staff to replace the outsource contract for UST technical reviews, saving $1.6M(11) OAQ staff to replace the outsource of permitting contracts, saving $5M(15) SFR and Brownfield staff at IFA(5) OWQ staff from ISDA to meet Rule 5 requirements(2) OPPTA staff from Lt Gov Office

100

300

500

700

900

1,100

NUMBER

Response to Reduced State Income• Eliminated 2009 raises.• Strategic Hiring Review—Using attrition to

reduce spending.• Reduce/eliminate grants, contracts, etc.• Restrictions on travel and purchasing.• Will maintain essential State services.

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Agency Change: Grant and Loan Program Suspension

• Grants and Loans from the following non-reverting funds were suspended as of December 19, 2008: (as listed in budget report to legislature)

– 2580 Recycling Promotion Assistance Fund– 2530 Solid Waste Recycling Fund– 2640 Waste Tire Fund

• During economic crisis, it is critical to adequately fund core government functions such as public safety, education, and public health

Questions?

Tom EasterlyCommissioner

Indiana Department of Environmental Management317-232-8611

teasterly@idem.in.gov

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