1. IPECA UST Seminar IDEM Leaking UST and Excess Liability Trust Fund Updates Craig Schroer, Chief UST Branch Indiana Department of Environmental Management

2. What’s New at IDEM Commissioner – Carol S. Comer Chief-of-Staff – Bruno Pigott Deputy Chief-of-Staff and General Counsel – Don Snemis Office of Legal Counsel Deputy Asst. Commissioner (DAC) – Valerie Tachtiris Office of Water Quality (OWQ) Asst. Commissioner (AC) – Martha Clark Mettler OWQ DAC – Paul Higginbotham Office of Compliance Support AC – Samantha DeWester

4. LUST Review Release/Spill/Overfill Corrective Action Closure

5. What is a Suspected Release? Unusual operating conditions including erratic behavior of dispensers, sudden loss of product, or unexplained presence of water in the UST, or Monitoring results from release detection indicates a release (for inventory control, two consecutive month’s failure) Unless the equipment is found to be defective, but not leaking, and is fixed immediately

6. What is a Suspected Release? Discovery by the owner and operator (O/O), IDEM staff or another person On the facility property or nearby properties Presence of free product, dissolved product or vapors detected by stained soil, vapors, or field screening results In backfill, soil, ground water, surface water, basements, sewers or utility lines Indicating the presence of a regulated substance

7. What Should the O/O do When There is a Suspected Release? The O/O must report a suspected release to IDEM within 24 hours of discovery when discovered by the O/O, IDEM staff or another person The O/O must initiate and complete a release investigation and confirmation steps within seven days as directed by IDEM

8. What are Release Investigation and Confirmation Steps? Generally, when there are unusual operating conditions or monitoring results indicate there is a release, IDEM request tightness testing of lines and/or tanks Generally, when a regulated substance is found at or nearby the UST, IDEM requires collection of soil and ground water samples

9. What Happens if the Investigation does not Confirm a Release? If the investigation results do not confirm a release, IDEM issues a Deactivation Letter for the subject incident number.

10. What is a Confirmed Release? Product is seen leaking from any part of the UST system including the tank and connected piping (not the dispenser) into areas not equipped with secondary containment Spills and overfills of petroleum >25 gallons, reportable quantity for hazardous substances

11. What is a Confirmed Release? Any contaminant above laboratory detection limits in soil or ground water samples collected during a UST closure, environmental site assessment, or release investigation even if the results are below the Remediation Closure Guide Appendix A Screening Levels

12. What Should the O/O do When There is a Confirmed Release? The O/O must report a suspected release to IDEM within 24 hours of discovery. The O/O must initiate corrective action and submit an Abatement Report for high priority conditions within 20 days and submit an Initial Site Characterization (ISC) report within 60 days.

13. What’s next? Site Characterization approved Corrective action plan approved Corrective action implementation Closure monitoring Closure – No further action with or without institutional controls

14. Key Tools Remediation Program Guide – Tools to navigate LUST and ELTF for releases, corrective action and closure in Section 3 Remediation Closure Guide – More tools to developing the Conceptual Site Model, conducting risk evaluation and screening levels UST and ELTF Rules

15. O/O report confirmed release and FR information to IDEM O/O submit Initial Site Characterization Report to IDEM IDEM approves Site Characterization O/O submit Corrective Action Plan (CAP) to IDEM IDEM approves CAP O/O implements CAP IDEM approves No Further Action with Institutional Controls, when required O/O submit Further Site Investigation Report(s) to IDEM O/O report confirmed release and FR information to IDEM O/O submit Initial Site Characterization Report to IDEM IDEM approves Site Characterization O/O submit Corrective Action Plan (CAP) to IDEM IDEM approves CAP O/O implements CAP IDEM approves No Further Action with Institutional Controls, when required O/O submit Further Site Investigation Report(s) to IDEM LUST Process Flowchart

16. ELTF Review Notice of Financial Responsibility Eligibility Reimbursement NFA deadline for cost submittal

17. Notice of Financial Responsibility for a Confirmed Release The owner and operator should (must?) notify IDEM in writing within 30 days of a confirmed release how they plan to pay for corrective action and third party damages including plans to use the Excess Liability Trust Fund (ELTF). Do you have a COFR and COFA?

18. When May You Submit an ELTF Eligibility Application? After submitting an ISC Report IDEM will determine eligibility within about 60 days based on registration, fee payments, and overall substantial compliance

19. When May Submit an ELTF Application for Cost Reimbursement? Emergency conditions costs approved by IDEM LUST Project Manager, e.g. vapor mitigation Site characterization approval CAP approval CAP Implementation approval NFA approval

20. Who May Submit an ELTF Application (Qualified Applicant)? Owner, Operator, Property owner, or an entity with legal power of attorney for one of these parties may sign the eligibility or reimbursement request Third party damages must be submitted to both IDEM and the Attorney General’s Office

21. Who may receive reimbursement from ELTF? Owner, Operator, Property owner, or Assignee may receive electronic direct reimbursement or through a two party check from the State Auditor

22. How long do I have to request reimbursement from ELTF? All costs must be submitted within nine months of receiving a NFA determination from IDEM All costs denied, after the first submittal must be resubmitted within one year of the denial

23. How many times may I resubmit costs that were denied by ELTF? Costs may be submitted three times All cost denials may be appealed up to the third cost denials

24. ELTF Process Flowchart

25. Overall UST Process Flowchart

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

27. 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.htmwww.IN.gov/idem/5556.htm

28. 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.htmwww.IN.gov/idem/4988.htm

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

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

31. Web Resources Rules and rules in program – UST Rule – Working on first notice – ELTF Rule – First notice completed – Website - www.IN.gov/idem/4087.htmwww.IN.gov/idem/4087.htm

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

33. Contact Information (317) 234-0974 cschroer@idem.IN.gov