Indiana Department of Environmental Management

1. Indiana Department of Environmental Management IDEM 101

2. 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.”

3. 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.

4. 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)

5. 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

6. 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

7. Air Pollution Control Board (Cont.) • The board consists of 12 members: • 8 members represent various constituencies; all are appointedby 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

8. 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

9. 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.

10. 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

11. 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.

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. IDEM offices are located in five different locations serving the state: • 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 • 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

19. IDEM Regions of Service

20. IDEM Budget and Staffing

22. 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

24. IDEM Staffing LevelsA Historical Perspective

25. IDEM Mandates

26. 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

27. 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

28. Office of Air Quality Recommended ‘06 Budget

29. 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.

30. 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

31. Office of Water Quality Recommended ‘06 Budget

32. 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

33. 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.

34. 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

35. Office of Land Quality Recommended ‘06 Budget

36. 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.

37. 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

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

39. 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.

40. Other ProgramsEverything 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

41. 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

42. Other Programs Recommended ‘06 Budget

43. All ProgramsRecommended ‘06 Budget

44. Major Permitting Programs

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

46. 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.

47. Title V Budget for Fiscal Year (FY) 2005

48. 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.

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

50. 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.