Excess Liability Trust Fund Claims Section (ELTF) Brian Pace, Section Chief (317) 232-8727 bpace@idem.IN.gov

ELTF Claims History Milestones and How They Relate to ELTF Payments Eligibility Claim Submittal Deadlines Administrative Denials

I. History ELTF was started on April 1, 1988, as a reimbursement program to remediate Leaking Underground Storage Tanks (LUST) incidents. As of Aug 1, 2016, 1,836 ELTF eligible LUST incidents have received No Further Action (NFA) determinations. As of Aug 1, 2016, there were 654 active ELTF eligible LUST incidents. ELTF has been used in 91 of the 92 counties in Indiana. ELTF Claims receives and processes between approximately $2.5 million and $7 million dollars in claims per month. In 2015, ELTF Claims received and processed $58.3 million

II. Milestones and How They Relate to ELTF Payments Release Reporting – a release is discovered and reported to IDEM within 24 hours (329 IAC 9-4-1). Costs incurred prior to 24 hours of the incident being reported to IDEM are not reimbursable (328 IAC 1-3-5). Timeframe to report an incident to IDEM for ELTF eligibility purposes is different than the LUST requirements (329 IAC vs. 328 IAC). LUST can pursue enforcement actions for lack of compliance for not reporting an incident within 24 hours, even in the incident is reported within the ELTF eligibility timeframe. ELTF eligibility reporting timeframe varies depending on when the incident occurred.

Initial Site Characterization (ISC) – An ISC is completed and submitted to IDEM with 60 days An ISC must be submitted before an ELTF eligibility determination can be completed. Further Site Investigation (FSI) work is requested and completed as appropriate as determined by IDEM LUST Project Manager. Site Characterization – Site Characterization is approved by IDEM LUST Project Manager. Costs for Site Characterization may be submitted for reimbursement. Costs for Quarterly Sampling may be submitted for reimbursement. Pilot study costs may be submitted for reimbursement. IDEM Project Manger requests a Corrective Action Plan (CAP).

Corrective Action Plan (CAP) – A CAP is approved by IDEM Project Manager. CAP development costs may be submitted for reimbursement. CAP Implementation report requested. No Further Action (NFA) – An NFA is granted by IDEM Project Manager. IDEM has determined the site has been sufficiently remediated. All monitoring wells are to be abandoned, system decommissioned (if applicable), and site restored (no improvements). All costs may be submitted for reimbursement.

Emergency Measures Costs related to Emergency Measures (as defined in 328 IAC 1-1- 5.1) may be submitted prior to Site Characterization. State Form 55458 must be completed and signed by IDEM Project Manager. Emergency Measures approval is valid for six months, and then it must be renewed.

III. Eligibility/Fund Coverage Incident discovered pre-July 1, 2016 Maximum $2,000,000 reimbursement per incident. Depending on the technical characteristics of the USTs, the deductible ranges from $20,000-$35,000. Eligibility/fund coverage is based on UST fees, release reporting, ISC submittal, and UST compliance. If a release is determined to be fund eligible, reimbursement percentages may range between 50% to 100% of eligible costs.

Releases discovered on or after July 1, 2016 Maximum $2,500,000 reimbursement per incident. Flat $15,000 deductible. Additional amount of $1,000 for every late UST fee, and payment of the unpaid fees. Still a release reporting requirement. Reimbursement is 100% of all eligible costs.

IV. Claim Submittal Claim must be at least $5,000. or costs incurred over six months from the date of the previous claim or be the final claim Previously denied costs must be resubmitted with subsequent costs. Costs may only be submitted for consideration three times, including the initial claim submittal.

V. Deadlines Claims for payment of reimbursable costs must be submitted within nine months of NFA Approval. All resubmittals of denied costs must be submitted within 12 months of the denial of the claim.

VI. Administrative Denials Fill out the Claim Application form correctly – If you have incorrect information, we are unable to process the claim (FID # vs. Incident #). Please ensure that the form is signed and dated. Review and ensure that the Assignment of Rights (AOR) and Affidavit forms are accurate and complete. If the form or supporting documentation is required to be notarized, please ensure that they are notarized correctly.

Web Resources Compliance and Technical Assistance Program (CTAP) Technical and confidential compliance assistance Website - www.IN.gov/idem/ctap/index.htm

Web Resources Indiana Small Business Guide to Environmental, Safety, and Health Regulations Wide range of technical and regulatory resources for all media, air, water, and land, including USTs Website - www.IN.gov/idem/5556.htm

Web Resources Environmental Consultants List Alphabetical listing of environmental consultants and contractors Includes list of consulting, testing, and sampling services for air, land, and water Website - www.IN.gov/idem/4988.htm

Web Resources Key Fact Sheets Citizen’s Guide to USTs New Owners and Operators of UST Systems Financial Responsibility and ELTF Selecting an Environmental Consultant or Contractor Benzene MTBE Website - www.IN.gov/idem/4988.htm

Web Resources Key Non-rule Policy Documents Remediation Program Guide - www.IN.gov/idem/landquality/2389.htm Remediation Closure Guide - www.IN.gov/idem/landquality/2388.htm Procedures for Gaining Access to Third Party Properties by Participants Performing Investigation or Remediation (Oct. 14 ERB Packet) Website - www.IN.gov/idem/4694.htm

Office of Land Quality UST website - www.IN.gov/idem/landquality/2335.htm LUST website- www.IN.gov/idem/landquality/2342.htm ELTF website - www.IN.gov/idem/landquality/2356.htm