Coal, oil and a library: 10 Indiana requests to break environmental rules during the pandemic

A coal company that wants to be able to continue polluting the water? An owner of gas stations that wants to stop monitoring its leaky tanks? A small business seeking a deadline extension because a key employee is in the hospital with coronavirus?

These are just a few of the more than 80 requests Indiana's environmental agency has received over the last four months from industry and organizations asking for leniency from rules and regulations. They come in light of the pandemic, as the state and U.S. EPA announced that they would use "enforcement discretion" when facilities couldn't meet their requirements. 

Leniency, please? Indiana flooded with dozens of requests to waive environmental regulations during pandemic

The Indiana Department of Environmental Management has given the thumbs up to some, said no to some others. And for many, the response was a bit more complicated. 

Regardless, the agency said that it expects regulated entities to do all that they can to remain in compliance. The policy does not include any blanket waivers, IDEM added. 

Here are 10 examples of the types of requests that IDEM received — and the agency's response — for environmental leniency during this time. 

Gibson County Coal 

Request date: March 17, 2020 and March 31, 2020

Request: Notified that its southwest Indiana mine had emitted unsafe levels of ammonia into the nearby waterways, and the company expected to continue polluting the water with ammonia and suspended solids for the duration of the pandemic

Reason: Because of the pandemic, the company said it was using extra bleach to disinfect its facilities and fewer people were onsite, so there wasn’t as much water in the pipes to dilute it.

IDEM response: The agency contacted the company, and it has agreed to hold this wastewater and haul it once a week to “negate a discharge of high ammonia.”

General Motors 

Request date: March 26, 2020

Request: Asked to re-occupy and change the type of production at its Kokomo facility to produce ventilators. 

Reason: To produce more of the medical machines in light of the coronavirus pandemic.

IDEM response: Approved. Based on data and lines of evidence provided in the request, the agency concurred that there was no "unacceptable risk" from making this change.

Crossroads Environmental Consulting

Request date: April 10, 2020

Request: Asked to be able to suspend all work with the current phase of the Executive Cleaners investigation, which currently involves entering 24 different homes or structures.

Reason: Said they did not want to risk entering 24 different structures given current pandemic situation and recommendations for social distancing. The company said they were still moving forward with a groundwater delineation project and quarterly groundwater monitoring to evaluate contaminant migration.

IDEM response: Could not find a response.

Ivy Tech 

Request date: April 1, 2020

Request: Asked for an extension to be able to schedule a wastewater certification exam at Ivy Tech within 180 days of receiving the application letter. 

Reason: Because of the pandemic, Ivy Tech has not been open to schedule certification exams. 

IDEM response: Approved. The agency recommended keeping the exam admission letter and it said it will ask Ivy Tech to honor expired letters for a period of time.

Valero Renewable Fuels Company 

Request date: April 2, 2020

Request: Asked to re-occupy and change the type of production at its Linden plant, intending to perform a temporary experimental operation to produce hand sanitizer. 

Reason: To produce hand sanitizer, an important and high-demand product, in light of the coronavirus pandemic.

IDEM response: Sort of. Said that it can change its operations as long as the company satisfies certain requirements related to emissions and time of operations.

Marathon Petroleum Corp.  

Request date: March 20, 2020

Request: Asked for blanket “temporary relief” at more than 15 locations across the state, allowing the company to delay or skip requirements for pollution monitoring, leak detection and repair, etc. 

Reason: Said this might be necessary to protect both their employees, site contractors, and the general public, as part of "their larger COVID-19 response" to reduce social contact and comport with the "social distancing" guidelines.

IDEM response: Denied. Told the company to submit more specific follow-up requests if and as they arise.

Fulton County Public Library 

Request date: April 23, 2020

Request: Asked for a waiver to suspend its coliform water sampling for the month of April.  

Reason: Said that its last day open was March 14 and that it will continue to be closed until Gov. Eric Holcomb issues a statement that nonessential businesses may resume.

IDEM response: Approved. Said the library does not have to sample if it is closed for the month. The agency also provided guidance on flushing pipes for public water supply. 

Crane Naval Surface Weapons Center  

Request date: March 25, 2020

Request: Asked for an extension of testing that was required to be completed by April 4, for its Hazardous Waste Combustor. 

Reason: Said pandemic restrictions were preventing the necessary experts from traveling for the investigation and corrective action in order to complete the compliance testing by the designated deadline. 

IDEM response: Approved. Said that the testing must be adequately performed by Oct. 4, 2020. Also added that, in the meantime, the equipment cannot be used to combust hazardous waste.

IDEM 

Request date: May 27, 2020

Request: Giving notice that IDEM has organized a virtual public meeting for June 3, 2020 to discuss the application from Skyler and Colton Miller to construct a 4,300 head swine confinement facility in Bowling Green, Indiana.

Reason: Said the video conference meeting is due to current restrictions to travel and large groups of people congregating in enclosed spaces. 

IDEM response: Obviously. It was their notice that they had organized the meeting. They also provided information on how to access the video conference and participate. 

Steel Dynamics, Inc. 

Request date: May 5, 2020

Request: Asked to temporarily allow visible emission observations to be conducted by observers whose certifications had expired. The company complies with its permit by making daily observations of opacity by a certified visible emission observer.

Reason: Because of the pandemic, the company's consultant has postponed an on-site smoke school course for the certifications, which only last six months. It is unclear when the consultant will be able to reschedule the course, but they will use previously-certified observers during this time.

IDEM response: Denied. Sort of. The agency said that using observers with outdated certifications constitutes a violation. However, IDEM added that if the company makes observations using employees who have been previously certified, and if the visible emissions observers are re-certified by the end of November, no enforcement action will be taken. 

Call IndyStar reporter Sarah Bowman at 317-444-6129 or email at sarah.bowman@indystar.com. Follow her on Twitter and Facebook: @IndyStarSarah. Connect with IndyStar’s environmental reporters: Join The Scrub on Facebook.

IndyStar's environmental reporting project is made possible through the generous support of the nonprofit Nina Mason Pulliam Charitable Trust.