An introduction to the Indiana Department of Environmental Management (IDEM), its offices, and its role

in protecting Hoosiers and our environment.

IDEM 101

IDEM’s Mission StatementProtecting Hoosiers and Our Environment

While Becoming the Most Customer Friendly Environmental Agency

“IDEM's mission is to implement federal and state regulations to protect human health and the environment while allowing the environmentally sound operations of industrial, agricultural, commercial and government activities vital to a prosperous economy.”

www.idem.IN.gov

2

Introduction to IDEM• The Indiana General Assembly created the Indiana Department of

Environmental Management (IDEM), and the agency began operating in 1986.

• The legislation provided for divisions dealing with air pollution, water pollution, solid waste management and pollution prevention, as well as laboratories and administrative services.

• All of IDEM’s offices and programs ensure compliance with environmental laws and rules that help protect Hoosiers and our environment.

• IDEM must be equally ready to deal with environmental emergencies, ensure effective communications with the public, provide for public participation in its decisions and activities, and investigate environmental crimes.

3

IDEM’s Five Major Programs• The Office of Air Quality• The Office of Water Quality• The Office of Land Quality• The Office of Program

Support • The Office of Legal Counsel

and Criminal Investigations

4

IDEM Mandates• Air, water, solid waste, hazardous waste permitting.• Conduct compliance evaluations of all regulated entities.• Collect air quality, water quality, contaminated site environmental data

and report to the public and the U.S. 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.

5

IDEM 101: Funding Sources, Budgets and

Permit Fees

6

Funding Levels by Source Total Appropriations: $134,495,202/year

7

Types of Funding Sources• Dedicated Funds

– Funds consist of various fees and fines.– The largest of these funds include:

• Excess Liability Trust Fund (ELTF) underground storage tank fees and inspection fees.

• Clean Air Act Title V air permit fees.• Statutory permit fees for drinking water, wastewater, solid waste, and hazardous

waste.• Federal Funds

– On average, a state match of 40 percent of our federal funds is required.– The general fund source is a direct appropriation from the state’s general fund in the

biennium budget, often used as match leverage to federal.• The general fund source is a direct appropriation from the state’s general fund in the

biennium budget, often used as match leverage to federal funding.

8

Permit Fees

• Most major IDEM fees have been in effect since 1994.• The only fee increases that have been approved and implemented are Safe

Drinking Water fees, which were approved during the 2004 legislative session, and a 25% increase in the Title V Air Permitting fees which were approved by the Air Control board on December 6, 2006.

• Major dedicated funds are projected to have critical funding shortfalls in the near future. This includes the wastewater permitting program, matching dollars for federal Superfund cleanups, the Excess Liability Trust Fund, the federally mandated hazardous waste permitting and inspection program.

9

10

Budget and Staffing Levels

OAQ

OLQ

OWQ

OPS Programs

OPS OperatingOAQ

OLQ

OWQ

OPS ProgramsOPS Operating

IDEM 101:

Staffing and Financial Information• The IDEM budget covers the core programs administered by staff

the Office of Air Quality, the Office of Land Quality, and the Office of Water Quality.

• IDEM’s budget also covers the support programs administered by staff in the Office of Program Support, the Office of the Chief of Staff, and the Office of Legal Counsel and Criminal Investigations.

• IDEM employs about 900 staff members. • IDEM’s senior management team presents the agency’s budget

request every biennium during budget committee hearings, and makes this information available to the public.

11

12

918 915927

954 950 955

893

869

888

846

827

945

750

800

850

900

950

1000

IDEM Staffing Levels: A Historical Perspective

The Office of Air Quality (OAQ)

• Writes air permits for all sizes and types of operations, to ensure facilities understand and can meet pollution control requirements.

• Inspects permitted facilities, provides technical assistance, and takes decisive action to resolve problems when they occur.

• Operates Indiana’s large network of air monitors to assess air quality and implement regulatory and voluntary programs for healthy air quality.

• Works with Indiana’s Environmental Rules Board to revise existing rules and develop new rules that are necessary.

• Informs the public about air quality issues and agency decisions. • Ensures that Indiana meets federal and state air quality mandates.

13

Office of Air Quality Programs• Title V Operating Permit Program – federal program for major sources of air

pollution, both new and existing facilities. • Clean Air Act Planning/Monitoring – federal program to monitor the air for six

primary air pollutants (carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, sulfur dioxide), monitor for toxic air pollutants, and take action to improve air quality where unhealthy pollution is found.

• Asbestos Licensing – federal program to ensure professionals are properly trained and licensed to perform asbestos abatement and removal in certain structures that are being renovated or demolished.

• Auto Emissions Testing Program – federally mandated program in Lake and Porter counties, aimed at preventing ground level ozone pollution by ensuring the proper maintenance of vehicle exhaust systems.

14

Office of Air Quality Programs• Biowatch – federal program to monitor air for releases of pathogens and aid

U.S. EPA in early warning efforts.• Great Lakes Air Deposition (GLAD) Program – A U.S. EPA program that helps

educate the public about the impacts associated with the persistent chemicals in the environment surrounding the Great Lakes region.

• DieselWise – A program supporting efforts to reduce pollution from diesel engine exhaust.

15

Office of Air QualityFiscal Year 2016 Budget Appropriation

Office of Air Quality (per year) Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

Federal Programs:

Federal Title V Program 0 12.725 0 12.725

Clean Air Act Planning/Monitoring 0 1.041 3.822 4.863

Clean Air Act PM 2.5/Monitoring 0 0 0.979 0.979

Asbestos Licensing 0 0.525 0 0.525

Auto Emissions Testing Program 5.375 0 0 5.375

Totals: 5.375 14.291 4.801 24.467

16

17

Asbestos Permit Program• Federal law requires demolition/renovation projects to notify OAQ when a

project commences (more than 2,320 asbestos abatement projects were conducted in fiscal year 2015). The state accredits contractors and individuals to “manage” asbestos during demolition or renovation 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.

18

19

The Office of Water Quality (OWQ)• Issues permits that ensure wastewater treatment facilities prevent water

pollution and sewers are designed and constructed according to quality standards.

• Inspects wastewater treatment facilities, oversees community storm water management programs, oversees erosion control at construction projects, oversees measures to prevent the destruction of wetlands, and provides technical and compliance assistance.

• Samples streams around the state and actively works with local communities in watershed planning.

• Works to ensure that the thousands of public water systems operating in Indiana maintain safe and adequate supplies of drinking water for the consumers they serve.

• Informs the public and raises awareness about ways to conserve and protect water resources.

• Ensures that Indiana meets federal and state water quality mandates.

20

• Watershed Grant Programs – federal program to help fund efforts of local organizations to study and improve water quality.

• Assessment and Total Maximum Daily Load (TMDL) programs – federally designated programs that help us identify pollution problems and work with local communities to reduce harmful impacts from area sources and activities.

• Safe Drinking Water Programs – federally designated program that ensures public water systems monitor and provide safe and adequate supplies of drinking water to consumers.

• National Pollutant Discharge Elimination System (NPDES) Program – federally designated permitting program that ensures facilities do not discharge harmful levels of pollutants into waterways.

• State Revolving Loan Programs – federally designated program that helps governmental organizations meet the costs of sewer and drinking water projects

• Operations and Rules Development – federally designated program that ensures Indiana’s rules meet federal Clean Water Act and Safe Drinking Water Act requirements.

• Wastewater Plant/Sewer Construction Permits – state program that ensures construction projects are planned and completed in accordance with accepted practices and standards.

• Wetlands Water Quality Certifications – state program to ensure construction projects do not harm wetlands or water quality.

Office of Water Quality Programs

21

Office of Water QualityFiscal Years 2016 Budget Appropriation

Office of Water Quality (per year) Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

Federal Programs:

Watershed Grant Programs 0 0 4.678 4.678

Clean Water Act Programs/Assessments/TMDL 0 4.435 3.774 8.209

Safe Drinking Water Programs 0 2.943 1.962 4.905

NPDES Programs 1.589 5.633 0 7.222

State Revolving Loan Programs 0 0 0.245 0.245

Federal Programs Subtotal: 1.589 13.011 10.659 23.432State Mandates:

Wetlands Protection 0 0.075 0.225 0.3

OWQ Laboratory Contracts 0 0.936 0 0.936Miscellaneous Programs 0 0.665 0.796 1.461

State Mandates Subtotal: 0 1.676 1.021 2.472Totals: 5.681 10.252 9.971 25.905

22

NPDES Wastewater Permit Program

23

• More than 1,600 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 is funded by general funds and legislatively established annual permit fees.

• Fee schedule is based on the type of facility and wastewater flow.

• Fees are used to support the NPDES program and all associated expenses.

NPDES Budget for Fiscal Year 2016Total Program Appropriations - $7,222,000

Indiana’s NPDES program is funded by general funds and annual permit fees, with fee schedules based on facility type and flow.

24

Safe Drinking Water Permit Program

25

• IDEM is delegated to operate the federal Safe Drinking Water Act programs in Indiana.

• The program is funded through the general fund and legislatively established annual permit fees and U.S. EPA grants.

• The fees associated with the program are used to support activities of the program.

Drinking Water Budget for Fiscal Year 2016Total Appropriations: $4,905,000

The program is funded through the general fund, annual permit fees, and federal grants.

26

The Office of Land Quality• Issues permits, conducts inspections, provides technical assistance, and

enforces rules designed to prevent pollution from regulated wastes. • Oversees the processing and disposal of municipal trash, construction and

demolition debris, special wastes from industry, and the management of hazardous wastes that are ignitable, corrosive, reactive, or toxic.

• Oversees electronics recyclers, waste tire processers, composting facilities, auto salvage operations, used oil recyclers, and the reuse of biomass as feedstock.

• Oversees the safe management of manure from livestock operations. • Oversees emergency spill responses, petroleum and chemical cleanups, the

operation of underground petroleum storage tank systems prevent public exposure to harmful contaminants in soil, water or indoor air.

• Works with Indiana’s Environmental Rules Boards to update and develop regulations that help ensure Indiana’s land resources are safe for our uses.

• Educates Hoosiers about protecting land resources.• Carries out mandated solid and hazardous waste programs.

27

Office of Land Quality Programs• Federally mandated cleanup programs are manage by IDEM in coordination with

U.S. EPA and include the Natural Resources Damage Assessment (NRDA) program, as well as programs for site investigations and overseeing Superfund and Defense Environmental Restoration Program (DERP) projects in Indiana.

• IDEM’s Resource Conservation and Recovery Act (RCRA) hazardous waste permitting and inspection programs, PCB inspection program, Underground Storage Tank (UST) inspection program, and Leaking Underground Storage Tank (LUST) program are federally mandated and help protect the public from exposure to harmful contaminants.

• Permitting and inspections for large Concentrated Animal Feeding Operation (CAFO) are federally regulated, and IDEM also issues permits and inspects smaller livestock operations under state law.

• Operations that process, recycle or dispose of regulated solid waste are regulated by IDEM under state law. IDEM also operates its Emergency Response program under state law, along with Indiana’s State Cleanup Program and Voluntary Remediation Programs, which address hazardous chemical and petroleum cleanups; Indiana’s waste tire program; Indiana’s auto salvage program; and Indiana’s Excess Liability Trust Fund for leaking underground storage tanks.

28

Office of Land QualityFiscal Years 2016 and 2017 Budget Appropriation

Office of Land Quality (per year)

Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)Total Funding

(Millions)

Federal Programs:Defense Environmental Restoration 0 .047 .180 .227Hazardous Waste Permits 0 5.458 2.466 7.924Natural Resources Damages 0 0.338 0 .338Leaking Underground Storage Tanks 0 0.428 1.556 1.984Site Investigations 0 0 0.426 .426Auto Salvage 0 0 0 0Superfund 0 1.107 .298 1.405Underground Storage Tanks 0 0.321 .627 .948

Federal Programs Subtotal: 0 7.699 5.553 13.252State Mandates:

Excess Liability Trust Fund 0 34.389 0 34.389Solid Waste Permits 0 5.501 0 5.501State Cleanups 0 2.418 0 2.418Confined Feeding .323 0 0 0.323Voluntary Remediation 0 1.012 0 1.012Waste Tire Fund 0 0.599 0 .599Emergency Response 2.657 .135 0 2.792

State Mandates Subtotal: 2.980 44.054 0 47.034Other Programs:

Laboratory Contracts 0 1.057 0 1.057PCB Inspections 0 0.020 0.093 .113Miscellaneous Programs 0 .684 0.157 .841

Other Programs Subtotal: 0.0 1.761 0.250 2.011Totals: 2.980 53.514 5.803 62.297

RCRA Hazardous Waste Permit Program• Several thousand facilities, including large quantity generators, small quantity

generators, and storage and treatment facilities 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.

30

RCRA Budget for Fiscal Years 2016 & 2017Total Appropriations: $11,844,107/year

The program is supported by general funds, a federal RCRA grant, and annual

operating and application fees for facilities subject to the requirements of RCRA.

31

Solid Waste Permit Program

32

• More than 150 landfills,transfer stations andother solid wastemanagement facilitiesrequire permits understate law.

• The program receivesapplication, annual operation, generator and disposal fees and general funds.

• All fees are intended to be used solely for the costs associated with the solid waste permitting program.

Solid Waste Management Budget for Fiscal Years 2016 & 2017

Total Appropriations: $5,501,202/yearThe program receives application, annual operation, generator and

disposal fees, and dedicated funds.

33

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 off-site.• Provides money for expenses incurred by IDEM in the course of administering the

fund.

34

Underground Petroleum Storage TankExcess Liability Trust Fund (ELTF)

Budget for Fiscal Years 2016 & 2017Total Program Appropriations: $34,389,440/year

The Excess Liability Trust Fund, or ELTF, is funded by tank owner fees forpetroleum and non-petroleum storage tanks.

35

Sources of Funding 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 – Oil Inspection Fee is $0.01 per gallon for gasoline, kerosene and diesel

in Indiana.– The fee generates approximately $50 million annually.

36

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.

• Four members represent state agencies:– IDEM – State Fire Marshal– State Treasurer– Department of Revenue

• Twelve members represent various constituencies:– One from the independent petroleum wholesale distributor-marketer industry.– One from the petroleum refiner-supplier industry.– One from the service station dealer industry with less than thirteen USTs.– One from of the financial lending community.– One from the convenience store operator industry.– One representing environmental interests.– One from local government.– Two from the general public.– One from the independent petroleum retail distributor industry with more than twelve USTs.– One from businesses that own petroleum underground storage tanks not engaged in the sale of

petroleum.– One member representing the property and casualty insurance industry.

37

The Office of Program Support (OPS)• Manages the agency’s four regional offices.• Manages IDEM’s programs specific to Lake Michigan and Northwest Indiana.• Provides confidential business consultations, training, and workshops to support

environmental compliance; acts as IDEM’s small business coordinator.• Manages many of the agency’s voluntary compliance, waste reduction, outreach,

and grant programs and associated reporting requirements.• Runs Indiana’s certification program for consultants who clean up homes

contaminated from illegal drug manufacturing.• Manages IDEM’s internal support functions, including information technology,

accounting, facilities support, and forms management.• Coordinates IDEM’s internal and external communications.

38

OPS Pollution Prevention/Recycling Programs• Environmental Stewardship Program (ESP): Recognizes and rewards businesses

who meet regulatory compliance standards and environmental improvement goals.

• Comprehensive Local Environmental Action Network (CLEAN): Recognizes and rewards communities which proactively manage their environmental impacts.

• Governor’s Awards for Environmental Excellence: Presented annually to recognize extraordinary efforts by organizations to reduce negative environmental impacts.

• Partners for Pollution Prevention: An organization comprised of Indiana industries, businesses, nonprofit organizations, and governmental entities that are interested in pollution prevention.

• Recycling Market Development Program (RMDP): Oversees funding provided to Indiana recyclers for equipment specifically needed to remanufacture recyclable materials into finished products or industrial feedstocks.

• E-waste Reduction Program: Reviews and manages manufacturer, collector, and recycler registrations and activities.

39

Recycling Market Development Board• The Recycling Market Development Board (RMDB) was established by Indiana statute

to regulate the payment of grants and loans for the promotion of waste reduction and recycling. The Recycling Market Development Program administers to the board in developing policies and procedures related to the fund and applications.

• Nine voting members, chosen by the governor, represent various constituencies:– The lieutenant governor or designee.– The waste management industry.– The recycling industry.– Experts on recycling research and development from Indiana’s colleges and universities.– Commercial consumers of recycled feedstock.– Environmental interest groups.– Members of the general public.

• Seven non-voting members represent the state:– The governor’s office (governor or designee)– Department of Natural Resources– Indiana House of Representatives (2 members of different political parties)– Indiana Senate (2 members of different political parties)– IDEM

40

OPS Technical Assistance and Grant Programs• Compliance and Technical Assistance Program (CTAP): Provides confidential

business consultations, training, and workshops to support environmental compliance; acts as IDEM’s small business coordinator.

• Community Recycling Outreach and Education Program: Provides information and develops resources to reduce solid waste generation in Indiana and provides technical assistance to Indiana’s Solid Waste Management districts.

• Boating Grant Program: Grant program to prevent point source pollution by funding waste reception facilities and education programs for recreational boaters.

• Clean Marina Program: Develops and provides technical assistance to marinas and boaters; recognizes boating entities for environmental stewardship.

41

OPS Lake Michigan Programs• Lake Michigan Remedial Action Plan/Lake Management Plan Program: Coordinates

with government, industry, academic, and community groups to remediate environmental toxins and restore habitat in and along Indiana’s portion of Lake Michigan and the Grand Calumet River. Managed out of IDEM’s Northwest Regional Office.

• Lake Michigan Beach Monitoring and Notification Program: Conducts monitoring and informs the public of pathogenic bacteria along the Lake Michigan Lakeshore. Managed out of IDEM’s Northwest Regional Office.

42

OPS Health and Education Programs• Drug Lab Inspection and Cleanup Program: Ensures the proper training and

licensing of methamphetamine inspectors and tracks information on drug labs and cleanups with the Indiana State Police.

• Community Environmental Health Program: Educates parents, schools, and caregivers about reducing environmental health and safety hazards to children.

• Five-Star Recognition Program for Child Care Facilities: Tiered, voluntary recognition program that encourages child care centers to reduce or eliminate environmental hazards that can cause developmental problems in young children.

• Earth Day/Environmental Education Program: Develops and oversees age-appropriate presentations and resources on a variety of environmental and recycling topics to school-age children.

43

Office of Program SupportFiscal Years 2016 and 2017 Budget Appropriation

Pollution Prevention (per year) Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

State Mandates:Office of Voluntary Compliance 0 0.716 0 0.738Pollution Prevention 1.001 0 0 1.032Recycling Market Development Program 0 1.837 0 1.108Household Hazardous Waste 0 0 0 0.165Waste Tire Reuse 0 0 0 0.032

State Mandates Subtotal: 1.001 2.553 0 3.066Non state mandated programs:

Clean Vessel Act 0 0.032 0.194 0.225Boating Infrastructure 0 0 0.100 0.200

Non State Mandated Programs Subtotal: 0 0.032 0.294 0.425Totals: 1.001 2.585 0.294 3.520

44

The Office of Legal Counsel and Criminal Investigations

• Coordinates the tasks and duties necessary for amending or developing new environmental rules that are enforced by IDEM.

• Houses attorneys and paralegals who provide guidance to staff on environmental regulations, provide guidance on legal issues related to permitting and enforcement, and represent the agency in administrative litigation.

• Coordinates with the Indiana Office of the Attorney General on legal requirements and responsibilities in court cases involving IDEM.

• Investigates environmental crimes and provides evidence of criminal activity to local prosecutors for appropriate action.

45

The Environmental Rules Board

• Starting in January 2013, IDEM’s three rules boards were consolidated into one body.

• Previously, Air Pollution Control, Solid Waste Management, and Water Pollution Control boards all met separately.

• A single board was established in 2012 under IC 13-13-8.• The Environmental Rules Board has 12 members. 8 members are voting

members, appointed by the governor, and they represent various public and private sectors. Four additional non-voting members represent other state agencies.

46

• IDEM employs several staff members who are assigned to perform research, coordinate work group meetings that may be necessary, draft language, and generally oversee the process for the development of rules.

• The process to adopt a rule is formal, and must follow state law and meet many legal requirements. Ultimately, Indiana’s Environmental Rules Board must approve the adoption of a new rule or any amendment to an existing rule.

• The process to adopt a rule is transparent, and the public is provided several opportunities to participate. IDEM provides complete rules information on its website, including lists of rules in development, information about board members, and links to board packets and related documents.

The Environmental Rules Process

47

Environmental Rules Board

48

• The board consists of 12 members:– Eight members represent various constituencies; all are appointed

by the governor:• Two from the business community• One from a citizen group• One from an environmental group• One from the agricultural community• One from the labor community• One from the medical community • One 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

All IDEM ProgramsFiscal Years 2016 and 2017 Budget Appropriation

All Programs (per year) Amount General

(Millions)

Amount Dedicated (Millions)

Amount Federal

(Millions)

Total Funding (Millions)

Office of Air Quality 5.373 14.314 5.645 25.332

Office of Water Quality 0 14.650 7.384 22.035

Office of Land Quality 2.981 51.683 7.142 61.807

Office of Program Support 1.001 3.236 0.750 4.988

Other Programs/Agency Wide Services 13.526 0.609 0.350 14.845Totals: 22.882 84.492 21.272 128.646

49

IDEM Office Locations

• Indianapolis offices:– Indiana Government Center, 100 N. Senate Ave., Indianapolis– Western Select Properties, 2525 N. Shadeland Ave., Indianapolis

• Regional Offices:– Northwest Regional Office, 330 W. U.S. Highway 30, Suite F, Valparaiso– Northern Regional Office, 300 N. Michigan Street, Suite 450, South

Bend– Southwest Regional Office, 1120 N. Vincennes Ave., Petersburg– Southeast Regional Office, 820 W. Sweet Street, Brownstown

50

IDEM Regions of Service

51