Indiana Department of Environmental Management IDEM 101

IDEM Mission Statement “IDEM (www.idem.IN.gov) implements federal and state regulations regarding the environment. Through compliance assistance, incentive programs and educational outreach, the agency encourages and aids businesses and citizens in protecting and improving Indiana's environment. IDEM pursues enforcement action when a party disregards safety and endangers human health.”

Introduction to IDEM The Indiana Department of Environmental Management (IDEM) was created by the Indiana General Assembly in 1985. That enabling legislation required IDEM to include divisions dealing with air pollution, water pollution, solid waste management, pollution prevention, laboratories and administrative services. The statute requires IDEM to have departments dealing with environmental emergencies, communications, public hearings and investigations. All but IDEM’s senior management staff were established as merit employees.

Following that statute, IDEM is organized generally into four areas: Office of Air Quality (OAQ) Office of Land Quality (OLQ) Office of Water Quality (OWQ) Office of Pollution Prevention and Technical Assistance (OPPTA)

The Office of Air Quality (OAQ) Develops state implementation plans to meet federal air quality standards under the federal Clean Air Act Evaluates and issues permits to more than 1000 businesses with air emissions for construction and operation Monitors Indiana's air quality Conducts compliance activities Oversees Indiana’s vehicle emissions testing Regulates hazardous air pollutants, including asbestos and lead Works with the state’s independent Air Pollution Control Board on air-related rulemaking

Air Pollution Control Board IC 13-17-3-4 provides that the board shall adopt rules consistent with the legislature’s intent to, for example, safeguard the air resource through the prevention, abatement, and control of air pollution by all practical and economically feasible methods. Procedures for adopting rules are established in IC13-14-9

Air Pollution Control Board (Cont.) The board consists of 12 members: 8 members represent various constituencies; all are appointed by the governor: 2 from the business community 1 from a citizen group 1 from an environmental group 1 from the agricultural community 1 from the labor community 1 from the medical community 1 from local government Four ex officio members represent other state agencies: Department of Health Department of Natural Resources Lieutenant Governor Economic Development Corporation Non-voting technical secretary and legal counsel

The Office of Land Quality (OLQ) Permits facilities that treat, store or dispose of hazardous waste under federal Resource Conservation and Recovery Act (RCRA) Permits facilities that process or dispose of solid waste, including municipal solid waste Conducts compliance activities associated with waste facilities Performs emergency response to releases/spills of hazardous materials Manages state and federal land contamination cleanup programs, including Superfund, the Voluntary Remediation Program (VRP), the Leaking Underground Storage Tank (LUST) Program, the Brownfields Program and others

OLQ Cleanup Program Definitions The Superfund Program’s goal is to reduce or eliminate risk to human health and the environment at 36 hazardous waste sites on the National Priorities List, so that these sites are made available for beneficial reuse to the greatest extent possible. The VRP was established to provide any site or prospective site owner a mechanism to cleanup contaminated property. Participation in VRP can facilitate the sale and reuse of industrial and commercial properties. The LUST section is responsible for protecting human health and the environment through assessing risks and overseeing prioritized cleanups associated with releases from underground storage tanks. The Brownfields Program assists in the cleanup and reuse of abandoned or inactive property by helping communities identify and mitigate environmental barriers that impede economic growth of local communities.

OLQ (Cont.) Oversees federal requirements for businesses that generate smaller quantities of hazardous waste Permits and conducts compliance activities for confined feeding operations Manages land application of biosolids and industrial process waste products Regulates waste tires and cleanup of illegal waste tire piles Manages the compost registration program Works with the state’s independent Solid Waste Management Board on waste-related rulemaking Every day millions of gallons of wastewater containing human and household waste are piped through sewer systems to treatment facilities. Residues are removed from wastewater during treatment and undergo treatment. These treated residues are known as Biosolids--formerly referred to as "sludge.”

Solid Waste Management Board Established by Indiana statute to adopt rules to regulate solid and hazardous waste. Procedures for adopting rules are established in IC 13-14-9.

Solid Waste Management Board (Cont.) The board consists of 13 members: 10 members represent various constituencies; all are appointed by the governor: 3 from the business community 1 from a citizen group 1 from an environmental group 1 from the agricultural community 1 from the labor community 1 from the medical community 1 from local government 1 member representing Solid Waste Management Districts Three ex officio members represent other state agencies: Department of Health Department of Natural Resources Lieutenant Governor Non-voting technical secretary and legal counsel

The Office of Water Quality (OWQ) Assesses the quality of surface water and ground water Issues permits for construction of sewer lines and wastewater treatment facilities Operates federal wastewater discharge permit program, National Pollutant Discharge Elimination System (NPDES), for more than 1600 municipal, semi-public and private entities Manages federal storm water discharge permit program Conducts compliance activities for wastewater dischargers Regulates wetlands under the Clean Water Act

OWQ (Cont.) Implements the federal Safe Drinking Water Act in Indiana Works with more than 700 community public water supply systems and thousands of small systems for businesses, churches, schools and restaurants Works with ground water systems for wellhead protection Certifies wastewater treatment and drinking water facility operators Investigates complaints dealing with private wells Works with the state’s independent Water Pollution Control Board on water quality and safe drinking water rulemaking

Water Pollution Control Board The board consists of 12 members: 8 members represent various constituencies; all are appointed by the governor: 2 from the business community 1 from a citizen group 1 from an environmental group 1 from the agricultural community 1 from the labor community 1 from the medical community 1 from local government Four ex officio members represent other state agencies: Department of Health Department of Natural Resources Lieutenant Governor Economic Development Corporation Non-voting technical secretary and legal counsel

The Office of Pollution Prevention and Technical Assistance (OPPTA): Provides confidential compliance assistance Provides funding for source reduction, pollution prevention and recycling initiatives Manages community right-to-know provisions for hazardous releases Works with the state’s solid waste management districts on solid waste recycling/diversion

More on IDEM In addition to those mandated and broad categories, IDEM also includes: Office of Legal Counsel Office of Enforcement Office of Criminal Investigations Office of External Affairs (multimedia coordination, federal grant administration and communications) Administrative offices responsible for operational issues

IDEM offices are located in five different locations serving the state: Indiana Government Center 100 N. Senate Ave. Indianapolis, IN 46204 Western Select Properties 2525 N. Shadeland Indianapolis, IN 46219 Northern Regional Office 220 W. Colfax Ave. Suite 200 South Bend, IN 46601 Northwest Regional Office 8315 Virginia St. Suite 1 Merrillville, IN 46410 Southwest Regional Office 1120 N. Vincennes Ave. P.O. Box 128 Petersburg, IN 46567

IDEM Regions of Service

IDEM Budget and Staffing

Details on Funding Sources Dedicated Funds Dedicated funds consist of various fees and fines The largest of these funds include: Excess Liability Trust Fund (ELTF) underground storage tank fees Clean Air Act Title V air permit fees Statutory permit fees for drinking water, wastewater, solid waste, and hazardous waste Environmental Management Special Fund (fines and penalties) Federal Funds On average, a state match of 40 percent of our federal funds is required

IDEM Staffing Levels A Historical Perspective 1066 budgeted positions 893 FTE = 16% vacancy 2 temp positions – one in OLC file room and the other in OMBA/IT developer. All terms end after six months.

IDEM Mandates

IDEM Mandates Air, water, solid waste, hazardous waste permitting Conduct compliance inspections of all regulated entities Collect air quality, water quality, contaminated site environmental data and report to the public and the EPA. Guide or oversee cleanup of contaminated properties Prepare and implement plans to meet clean air and clean water quality standards Work with environmental boards on rulemaking Pursue enforcement actions Provide technical assistance to regulated entities

Office of Air Quality Federal Mandates Federal Title V Program Clean Air Act Planning/Monitoring Clean Air Act PM 2.5 Monitoring Clean Air Act Toxics Monitoring Clean Air Act Title 3 Radon Asbestos Accreditation Lead Accreditation Auto Emissions Testing Program

Office of Air Quality Recommended ‘06 Budget

Federal Mandated Descriptions Title V operating permits are required for all major sources of air pollution (both new and existing facilities). Title V permits include all Clean Air Act requirements for a source in a single, federally enforceable document. Particulate matter, or PM, is the term for particles found in the air, including dust, dirt, soot, smoke, and liquid droplets. Particles can be suspended in the air for long periods of time. Some particles are large or dark enough to be seen as soot or smoke. Others are so small that individually they can only be detected with an electron microscope. PM2.5 is particulate matter 2.5 micrometers in diameter and smaller.

Office of Water Quality Federal Mandates Watershed Grant Programs Clean Water Act Programs / Assessments / Total Maximum Daily Load (TMDL) Safe Drinking Water Programs NPDES Program State Revolving Loan Programs Operations and Rules Development State Mandates Wastewater Plant/Sewer Construction Permits Wastewater Operator Certification

Office of Water Quality Recommended ‘06 Budget

Office of Land Quality Federal Mandates Defense Environmental Restoration Program (DERP) Hazardous Waste Permits Natural Resource Damages (NRD) LUST (Also state-mandated) Site Assessment Superfund Underground Storage Tanks RCRA hazardous waste permits, compliance, management

Federal Mandated Descriptions DERP oversees and assists the Department of Defense, in cooperation with the EPA, in the investigation and cleanup of six active or closing military installations at which hazardous substances and/or petroleum products were used, stored, or disposed of during past operations. IDEM’s NRD Program restores, rehabilitates, replaces or acquires the equivalent of lost resources and the services they provided following injury from the release of hazardous substances or the spill of oil. IDEM’s Site Investigation (SI) Program performs site assessments to evaluate potential hazardous waste sites and prioritize them for cleanup, according to their impact to human health and the environment. The UST program is responsible for assuring that all regulated USTs meet EPA's and Indiana's requirements for release detection, spill and overflow prevention and corrosion protection, and to insure that tanks not meeting those requirements are properly closed or upgraded.

Office of Land Quality (cont.) State Mandates Excess Liability Fund Solid Waste Permits State Cleanups Voluntary Remediation Waste Tire Management and Cleanup Emergency Response Other Programs Laboratory Contracts Brownfields

Office of Land Quality Recommended ‘06 Budget

State Mandated Descriptions The State Cleanup Program (SCP) manages projects that are excluded from the federal Superfund Program. Examples of State Cleanup sites include petroleum terminals and refineries, abandoned landfills, former lead smelting and battery recycling sites, and other types of industrial sites The goal of Indiana's Waste Tire Management Program is to develop and advance the management of waste tires in Indiana. IDEM seeks to develop strategies that recognize waste tires as a marketable resource rather than a waste stream for disposal. IDEM supports and provides financial and technical assistance for source reduction, reuse, recycling, and proper management of waste tires. The Emergency Response Section protects public health and mitigates harm during spill events and environmental emergencies. The Emergency Response Section is available 24 hours a day to receive spill reports and provide response assistance. The primary role of the section is to facilitate spill response actions from persons experiencing spills to soil and water.

Office of Pollution Prevention and Technical Assistance State Mandates Office of Voluntary Compliance Pollution Prevention Recycling Grants Household Hazardous Waste Other Programs Incentive Programs Toxic Release Inventory

Office of Pollution Prevention and Technical Assistance Office of Pollution Prevention and Technical Assistance Recommended ‘06 Budget

Program Descriptions The Office of Voluntary Compliance (OVC) is the Indiana small business assistance program. The OVC assists regulated entities in achieving compliance and promoting cooperation between IDEM and regulated entities. Outreach efforts consist of providing assistance to inquiries; developing compliance manuals, developing recognition programs, assistance brochures, fact sheets and conducting educational workshops. To effectively provide the type of assistance that may be required by the regulated community, the OVC employees maintain a strict confidentiality policy. The OVC administers the Compliance and Technical Assistance Program (CTAP). The Toxic Release Inventory (TRI) or SARA 313 is a database of information about releases and transfers of toxic chemicals from manufacturing facilities. The TRI's primary function is to inform communities, citizens, employees and chief executive officers of potential chemical releases and environmental waste generated by facilities in their community.

Other Programs Everything below is federally or state-mandated with the exception of the Regional Offices and the Office of Legal Counsel, which serve to support the mandated programs. Administration Office of Management, Budget and Administration Legal Services Office of Enforcement Office of Criminal Investigations

Other Programs (cont.) Non-mandated programs which serve to support agency-mandated programs: Office of Legal Counsel Regional Offices Northwest Regional Office Northern Regional Office Southwest Regional Office Office of External Affairs Public Policy and Planning Media and Communications Services

Other Programs Recommended ‘06 Budget

All Programs Recommended ‘06 Budget

Major Permitting Programs

Major Permitting Programs Federal Title V Air Pollution Federal NPDES Wastewater Federal RCRA Hazardous Waste Solid Waste Facility Asbestos Accreditation Drinking Water Construction

Title V Air Permit Program More than 700 Indiana companies must obtain Federal Air Operating Permits because air emissions exceed certain thresholds (more than 300 other companies need lower-level permits). IDEM administers the federal program. Per the Clean Air Act, ALL expenses of administering the federal permit program must be paid by fees. Title V fees cannot be used for any other purpose than administering the permit program and related activities.

Title V Budget for Fiscal Year (FY) 2005

NPDES Wastewater Permit Program More than 1600 municipalities, semi-publics and businesses must obtain a federal permit for discharge to waters. IDEM is authorized to implement the Federal NPDES Permit program. Permit program funded by annual permit fees (legislatively established) and General Funds. Fee schedule is based on the type of facility and wastewater flow. Fees are used only to support the NPDES program and all associated expenses.

NPDES Budget for FY 2005 Total appropriations for 2005 $5,804,641

RCRA Hazardous Waste Permit Program More than 30 facilities, several thousand large quantity generators and small quantity generators, mainly businesses, are regulated under this federal RCRA program. IDEM is authorized to implement the federal RCRA permit program. Program is supported by General Funds, a federal RCRA grant, and annual operating and application fees for sources subject to the requirements of RCRA. Fees and the federal grant can be used only to support the activities of the RCRA program and associated expenses.

RCRA Budget for FY 2005 Total appropriations for 2005 $7,989,850

Solid Waste Permit Program More than 150 landfills, transfer stations and other solid waste management facilities require permits under state law. The program receives General Funds, as well as application, annual operation, generator, and disposal fees. All fees are intended to be used solely for the costs associated with the solid waste permitting program.

Solid Waste Budget for FY 2005 Total appropriations for 2005 $4,958,394

Asbestos Permit Program Federal law requires demolition/renovation projects to notify OAQ when a project commences (more than 1350 asbestos abatement projects were conducted in 2003). Contractors and individuals must be accredited by state to conduct or “manage” asbestos in projects. The program is funded by fees paid by contractors engaged in the inspection, maintenance or abatement of asbestos materials at certain facilities, and by fees paid by providers of asbestos training courses. The fees associated with the program can be used only to support activities of the program.

Asbestos Budget for FY 2005

Safe Drinking Water Permit Program IDEM is delegated to operate the federal Safe Drinking Water Act programs in Indiana. The program is funded through EPA grants, general fund as well as construction fees for public drinking water facilities. The fees associated with the program can be used only to support activities of the program. In 2003, the legislature established a new fee program for public water supplies that became effective in 2004-2006.

Drinking Water Budget for FY 2005 Total appropriations for 2005 $3,206,725

Current Fee Information Most major IDEM fees have been in effect since 1994 Fee increases have not been authorized since the inception of the fees, except the Safe Drinking Water fees approved during the 2004 legislative session Some major dedicated funds are projected to have critical funding shortfalls in the near future (e.g., the NPDES permitting account and the RCRA permitting account)

Underground Petroleum Storage Tank Excess Liability Trust Fund

Underground Petroleum Storage Tank Excess Liability Trust Fund (ELTF) Established in 1988 Assists owners/operators of underground petroleum storage tanks to establish financial responsibility as required by federal law Provides money to satisfy costs/liabilities incurred by owners/operators for corrective action Provides money for indemnification of third parties harmed by migration of petroleum offsite Provides money for expenses incurred by IDEM in the course of administering the fund

Financial Assurance Board The Underground Storage Tank Financial Assurance Board (FAB) was established by Indiana statute to adopt rules to regulate payment of claims from the ELTF. The FAB works with the agency in developing policies and procedures for revenue collection and claims administration of the fund. The board consists of 16 members: 1 member representing IDEM 1 member representing the State Fire Marshal 1 member representing the State Treasurer 1 member representing the Department of Revenue 12 individuals appointed by the governor representing various constituencies.

Sources of Money for the ELTF Underground Storage Tank Fees Fee is $90 per tank, per year Fee is split 50/50 with Underground Petroleum Storage Tank Trust Fund The fee generates approximately $650,000 annually for ELTF Oil Inspection Fees Fee is $0.40 per 50 gallons of gasoline or kerosene Diesel fuel is excluded The fee generates approximately $32,000,000 annually for ELTF

Contact Information Visit IDEM’s Web site at http://www.IN.gov/idem/ Sandra Flum Director of Intergovernmental Relations and Communications (317) 233-9479