The Indiana Publisher

ment transparency – only hide information in plain sight because Hoosiers do not and will not seek out the IDEM website to learn if a local business seeks permission to pollute the air," said Key. "We do have time to further make our case with the Environ- mental Board members." HSPA's executive director said the testimony of IDEM's Chris Pederson makes it clear to him the motivation behind IDEM's proposal – the lack of customer service by Indiana newspapers. Peterson rattled off a list of issues with the placement of public notices: No phone number available to get problems resolved (only an email address); Length of deadline prior to publication date to get a notice published (She said one newspaper requires a notice be submitted 14 days prior to the publication date); Credit holds placed on Air Quality permit publication, even when the late payment was associated with a wastewater program notice from IDEM; Missed publication dates; and Failure to publish at all. "IDEM staff wants to eliminate publication because newspapers can be work, while hitting a button so the notice is posted is a relative piece of cake," Key said. But sporadic service issues, which HSPA could address for IDEM, is not a reason to deprive the public of its most effective means of learning about applica- tions that could affect their health, Key argues. "If you read my testimony, you can see that the public's preference, common sense and simple math all argue against IDEM's proposal." August 2018 Page 8 IDEM Continued from Page 1 Public Notice Advertising is information so important that the Indiana legislature has determined that it should be placed into the hands of as many Hoosiers as possible in the most effective and efficient way. Businesses seeking permission to legally pollute the air fits that legislative criteria. The balance between health and economic interests make these permits important for a community. The concept of public notice has existed since early civilizations posted notice in public squares. The obelisk containing the Code of Hammurabi in Mesopotamia is an example dating back to 1754 B.C. Newspaper usage for public notices dates back to the first English language newspaper in 1665, which carried notices from the King's Court and London. In the United States, the Acts of the First Congress required all bills, orders, resolutions and congressional votes be pub- lished in at least three publicly available newspapers. All 50 states use newspapers to publish public notices. Indiana has done so since it became a state in 1815. What are the four vital elements to public notice advertising: Independent – With paid notices, newspapers have a vested interest in making sure the notices are published on the proper dates required by law. Archivable – Newspapers are the first draft of history and one can look at a newspaper's or library's archives to determine what was published and when. Accessible – Newspapers are available to all segments of society. Verifiable – The printed copy of a newspaper can't be hacked or modified at a later date. Posting notices on a govern- ment website leaves it up to the foxes to protect the henhouse. It's also not where the public wants or expects to find public notices. The comments received by IDEM bears this out. There were 553 comments in the first period. 551 opposed the idea. There were 54 comments filed in the 2nd go- around. 52 were opposed. This desire to continue publica- tion of IDEM public notices matches the results of surveys done across the county for years. American Opinion Research did such a survey of Hoosiers last summer. It found 60% of adult Hoosiers report having read public notices. 63% of Hoosiers said government agencies should be required to publish public notices, even when the question pointed out these notices can cost a government unit several thousand dollars a year. The survey found that posting notices only on government websites would result in a 60 percent decline in readership of those notices. The survey also found that 2.9 million adult Hoosiers read at least one printed newspaper a week. The number increases to 3.6 million when asked if they read a printed newspaper or the online version of a newspaper at least weekly. The Internet is a great way to find something when you know what you are seeking. It isn't helpful if you don't know what to look for. It's also impractical to expect citizens to spend time periodically searching government websites for public notices that might impact their communities and lives. The beauty of newspapers is that Hoosiers buy them because they want to read the stories and editorials, view the photos, and they may stumble upon that critical public notice that they never thought to look for. Public notices are placed into the hands of those 2.9 million Hoosiers. They aren't required to log onto a website. IDEM was kind enough to respond to a records request I made concerning traffic to the IDEM webpages where it currently posts its public notices. From last May to the end of April 2018, there were 4,602 visits to those pages by 2,009 unique visitors. That's 2,009 visitors to the listing of public notice over the entire year, compared to 2.9 million newspaper readers a week in the state. On a weekly average, IDEM's public notice pages would receive 88.5 visitors. I counted 213 notices on the website Tuesday, so that would be less than a half visitor per notice. But let's give IDEM the benefit of a doubt. Let's say all 88 logged on for the same notice, say one for Indiana's smallest county – Ohio County. Ohio County is served by The Rising Sun Recorder with a paid circulation of 729. The average newspaper is read by two people, but we'll give IDEM another break and just stick with the paid circulation. If 60 percent of the Rising Sun Recorder subscribers see that Ohio County-specific notice from IDEM, that would be 437 Hoosiers. Make the comparison for any larger Indiana newspapers and the numbers only get better for newspapers. If you're worried about cost, keep in mind the state sets the rate a newspaper can charge guaranteeing a discount for state and local governments required to publish a public notice. IDEM originally cited savings of $17,000. It has now increased that amount to $59,595 with its response to the 2nd comment period. That's out of a yearly budget for the Title V Air Permit Program of $12.8 million. Based on the submitted comments and American Opinion Research survey, HSPA would argue that the 5 million adult Hoosiers don't object to the spending of one penny of their state tax dollars so IDEM can effectively inform them of proposals that impact the air Hoosiers breathe? The Hoosier State Press Association respectfully requests the Environmental Rules Board reject the proposal to eliminate the required publication of Air Quality Permit applications in Indiana newspapers. Draft of HSPA Executive Director's testimony at Aug. 8 IDEM hearing Posting notices on a government website leaves it up to the foxes to protect the henhouse.

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