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Indiana Department of Environmental Management

IDEM 101

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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.”

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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.

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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)

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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

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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

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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

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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

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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.

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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

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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.

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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

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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

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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

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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

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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

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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

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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 Office220 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

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IDEM Regions

of Service

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IDEM Budget and Staffing

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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

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882

916

940

938

888

866

866

849 893

161 320 0 2

5187121158

0

200

400

600

800

1000

1200

1996 1997 1998 1999 2000 2001 2002 2003 2004

Temporary StaffFull-Time Staff

IDEM Staffing LevelsA Historical Perspective

882

916

940

938

888

866

866

849 893

161 320 0 2

5187121158

0

200

400

600

800

1000

1200

1996 1997 1998 1999 2000 2001 2002 2003 2004

Temporary StaffFull-Time Staff

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IDEM Mandates

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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

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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

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Office of Air Quality Recommended ‘06 Budget

Office of Air Quality

Staff Resources

Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

Federal Mandates: Federal Title V Program 102 0 10.50 0 10.50Clean Air Act Planning / Monitoring 68 0.90 1.70 3.50 6.10Clean Air Act PM 2.5 / Monitoring 3 0 0 0.90 0.90Asbestos Accreditation 7 0 0.50 0 0.50Lead Accreditation 2 0 0 0.20 0.20Auto Emissions Testing Program 3 8.0 0 0 8.00BioWatch 0 0 0 0.30 0.30

Totals: 185 8.90 12.70 4.90 26.50

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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.

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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

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Office of Water Quality Recommended ‘06 Budget

Office of Water Quality

Staff Resources

Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

Federal Mandates: Watershed Grant Programs 14 0 0.10 5.80 5.90Clean Water Act Programs/Assmnts/TMDL 51 2.80 0.10 1.90 4.80Safe Drinking Water Programs 58 0.90 2.10 5.30 8.30NPDES Programs 82 1.70 3.80 0.10 5.60State Revolving Loan Programs 13 0 1.30 4.60 5.90Operations and Rules Development 16 0.80 0 0.40 1.20

Federal Mandates Subtotal: 234 6.20 7.40 18.10 31.70

State Mandates: Wastewater Plant / Sewer Permits 12 0.30 0.30 0 0.60State Funded Clean Water Programs 0 0.10 0.30 0 0.40Permit in Isolated Wetlands 2 0 0 0.10 0.10

State Mandates Subtotal: 14 0.40 0.60 0.10 1.10

Totals: 248 6.60 8.00 18.20 32.80

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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

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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.

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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

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Office of Land Quality Recommended ‘06 Budget

Office of Land Quality

Staff Resources

Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

Federal Mandates: Defense Environmental Restoration 4 0.10 0 0.40 0.50Hazardous Waste Permits 115 3.00 3.10 3.10 9.20Natural Resources Damages 3 0 0.90 0 0.90Leaking Underground Storage Tanks 23 0 0.80 1.50 2.30Site Assessment 12 0.10 0 1.80 1.90Superfund 13 0.20 0.50 7.20 7.90Underground Storage Tanks 9 0 0.30 0.40 0.70

Federal Mandates Subtotal: 179 3.40 5.60 14.40 23.40

State Mandates: Excess Liability Fund 1 0 28.30 0 28.30Solid Waste Permits 78 2.10 3.10 0 5.20State Cleanups 19 0.20 2.20 0 2.40Voluntary Remediation 15 0.30 0.90 0.20 1.40Waste Tire Fund 0 0 1.10 0 1.10Emergency Response 12 1.30 0.00 0.00 1.30

State Mandates Subtotal: 125 3.90 35.60 0.20 39.70

Other Programs: Laboratory Contracts 0 0.70 1.70 0.00 2.40Brownfields 11 0.00 0.00 2.40 2.40

Other Programs Subtotal: 11 0.70 1.70 2.40 4.80

Totals: 315 8.00 42.90 17.00 67.90

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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.

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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

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Office of Pollution Prevention and Technical Assistance

Recommended ‘06 Budget

Pollution Prevention

Staff Resources

Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

State Mandates: Office of Voluntary Compliance 8 0.30 0.30 0 0.60Pollution Prevention 6 0.70 0 0.10 0.80Recycling Grants 7 0.10 1.60 0 1.70Household Hazardous Waste 1 0 0.50 0 0.50

State Mandates Subtotal: 22 1.10 2.40 0.10 3.60

Other Programs: Incentive Programs 1 0.20 0 0 0.20Toxic Release Inventory 2 0.10 0 0 0.10

Other Programs Subtotal: 3 0.30 0.00 0.00 0.30

Totals: 25 1.40 2.40 0.10 3.90

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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.

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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

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Other Programs (cont.)

Non-mandated programs which serve to supportagency-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

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Other Programs Recommended ‘06 Budget

Other Programs

Staff Resources

Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

Administration:Office of Management, Budget and Administration 114 4.40 4.00 0.00 8.40

Regional Offices: Northwest Regionl Office 26 0.50 0.80 0.40 1.70Northern Regional Office 18 0.40 0.70 0.10 1.20Southwest Regional Office 14 0.40 0.60 0 1.00

Regional Office Subtotal: 58 1.30 2.10 0.50 3.90

Legal Services: Office of Legal Counsel 42 0.80 1.10 0.70 2.60Office of Enforcement 36 1.10 0.80 0.40 2.30Office of Environmental Investigations 6 0.20 0.30 0 0.50

Legal Services Subtotal: 84 2.10 2.20 1.10 5.40

Policy and Planning Services: Public Policy and Planning 18 0.60 0.70 0.40 1.70Media and Communications Services 16 0.50 0.40 0 0.90

Policy and Planning Services Subtotal: 34 1.10 1.10 0.40 2.60

Environmental Management Special Fund 0 0 1.10 0 1.10

Totals: 290 8.90 10.50 2.00 21.40

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All ProgramsRecommended ‘06 Budget

Total All ProgramsStaff Resources

Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

Office of Air Quality 185 8.90 12.70 4.90 26.50Office of Water Quality 248 6.60 8.00 18.20 32.80Office of Land Quality 315 8.00 42.90 17.00 67.90Office of Pollution Prevention and Technical Assistance 25 1.40 2.40 0.10 3.90Other Programs 290 8.90 10.50 2.00 21.40

Totals: 1,063 33.80 76.50 42.20 152.50

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Major Permitting Programs

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Major Permitting Programs

Federal Title V Air Pollution

Federal NPDES Wastewater

Federal RCRA Hazardous Waste

Solid Waste Facility

Asbestos Accreditation

Drinking Water Construction

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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.

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Title V Budget for Fiscal Year (FY) 2005

Title V Program Appropriations

Dedicated Funds 100%

8,712,673

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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.

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NPDES Budget for FY 2005

NPDES Program Appropriations

General Funds 32%

1,854,641Dedicated Funds

68%3,950,000

Total appropriations for 2005 $5,804,641

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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.

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RCRA Budget for FY 2005

RCRA Program Appropriations

Federal Funds33%

2,676,296

Dedicated Funds

36% 2,844,043

General Funds31%

2,469,511

Total appropriations for 2005 $7,989,850

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Solid Waste Permit Program More than 150 landfills,

transfer stations andother solid wastemanagement facilitiesrequire permits understate law.

The program receivesGeneral Funds, as wellas 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.

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Solid Waste Budget for FY 2005

Solid Waste Program Appropriations

General Funds40%

1,990,625

Dedicated Funds60%

2,967,769

Total appropriations for 2005 $4,958,394

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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.

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Asbestos Budget for FY 2005

Asbestos Program Appropriations

Dedicated Funds 100%

674,107

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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.

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Drinking Water Budget for FY 2005Drinking Water Appropriations FY 2005

Dedicated Funds 22%

715,163

General Funds17%

541,286

Federal Funds61%

1,950,276

Total appropriations for 2005 $3,206,725

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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)

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Underground Petroleum Storage Tank Excess Liability Trust Fund

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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

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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.

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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

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Contact Information

Sandra Flum Director of Intergovernmental Relations and Communications(317) 233-9479