Presentation on theme: "Indiana Department of Environmental Management"— Presentation transcript:
1 Indiana Department of Environmental Management IDEM 101
2 IDEM Mission Statement “IDEM (implements federal and stateregulations regarding theenvironment. Throughcompliance assistance, incentiveprograms and educationaloutreach, the agencyencourages and aids businessesand citizens in protecting andimproving Indiana's environment.IDEM pursues enforcement actionwhen a party disregards safetyand endangers human health.”
3 Introduction to IDEMThe 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 ActEvaluates and issues permits to more than 1000 businesses with air emissions for construction and operationMonitors Indiana's air qualityConducts compliance activitiesOversees Indiana’s vehicle emissions testingRegulates hazardous air pollutants, including asbestos and leadWorks with the state’s independent Air Pollution Control Board on air-related rulemaking
6 Air Pollution Control Board IC 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 IC
7 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 community1 from a citizen group1 from an environmental group1 from the agricultural community1 from the labor community1 from the medical community1 from local governmentFour ex officio members represent other state agencies:Department of HealthDepartment of Natural ResourcesLieutenant GovernorEconomic Development CorporationNon-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 wasteConducts compliance activities associated with waste facilitiesPerforms emergency response to releases/spills of hazardous materialsManages 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 wastePermits and conducts compliance activities for confined feeding operationsManages land application of biosolids and industrial process waste productsRegulates waste tires and cleanup of illegal waste tire pilesManages the compost registration programWorks with the state’s independent Solid Waste Management Board on waste-related rulemakingEvery 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.”
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
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 community1 from a citizen group1 from an environmental group1 from the agricultural community1 from the labor community1 from the medical community1 from local government1 member representing Solid Waste Management DistrictsThree ex officio members represent other state agencies:Department of HealthDepartment of Natural ResourcesLieutenant GovernorNon-voting technical secretary and legal counsel
13 The Office of Water Quality (OWQ) Assesses the quality of surface water and ground waterIssues permits for construction of sewer lines and wastewater treatment facilitiesOperates federal wastewater discharge permit program, National Pollutant Discharge Elimination System (NPDES), for more than 1600 municipal, semi-public and private entitiesManages federal storm water discharge permit programConducts compliance activities for wastewater dischargersRegulates wetlands under the Clean Water Act
14 OWQ (Cont.)Implements the federal Safe Drinking Water Act in IndianaWorks with more than 700 community public water supply systems and thousands of small systems for businesses, churches, schools and restaurantsWorks with ground water systems for wellhead protectionCertifies wastewater treatment and drinking water facility operatorsInvestigates complaints dealing with private wellsWorks 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 community1 from a citizen group1 from an environmental group1 from the agricultural community1 from the labor community1 from the medical community1 from local governmentFour ex officio members represent other state agencies:Department of HealthDepartment of Natural ResourcesLieutenant GovernorEconomic Development CorporationNon-voting technical secretary and legal counsel
16 The Office of Pollution Prevention and Technical Assistance (OPPTA): Provides confidential compliance assistanceProvides funding for source reduction, pollution prevention and recycling initiativesManages community right-to-know provisions for hazardous releasesWorks with the state’s solid waste management districts on solid waste recycling/diversion
17 More on IDEMIn addition to those mandated and broad categories, IDEM also includes:Office of Legal CounselOffice of EnforcementOffice of Criminal InvestigationsOffice 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: Indiana Government Center100 N. Senate Ave. Indianapolis, INWestern Select Properties2525 N. Shadeland Indianapolis, INNorthern Regional Office220 W. Colfax Ave.Suite 200South Bend, INNorthwest Regional Office8315 Virginia St.Suite 1Merrillville, INSouthwest Regional Office1120 N. Vincennes Ave.P.O. Box 128Petersburg, IN
22 Details on Funding Sources Dedicated FundsDedicated funds consist of various fees and finesThe largest of these funds include:Excess Liability Trust Fund (ELTF) underground storage tank feesClean Air Act Title V air permit feesStatutory permit fees for drinking water, wastewater, solid waste, and hazardous wasteEnvironmental Management Special Fund (fines and penalties)Federal FundsOn average, a state match of 40 percent of our federal funds is required
26 IDEM Mandates Air, water, solid waste, hazardous waste permitting Conduct compliance inspections of all regulated entitiesCollect air quality, water quality, contaminated site environmental data and report to the public and the EPA.Guide or oversee cleanup of contaminated propertiesPrepare and implement plans to meet clean air and clean water quality standardsWork with environmental boards on rulemakingPursue enforcement actionsProvide technical assistance to regulated entities
27 Office of Air Quality Federal Mandates Federal Title V Program Clean Air Act Planning/MonitoringClean Air Act PM 2.5 MonitoringClean Air Act Toxics MonitoringClean Air Act Title 3 RadonAsbestos AccreditationLead AccreditationAuto Emissions Testing Program
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 MandatesWatershed Grant ProgramsClean Water Act Programs / Assessments / Total Maximum Daily Load (TMDL)Safe Drinking Water ProgramsNPDES ProgramState Revolving Loan ProgramsOperations and Rules DevelopmentState MandatesWastewater Plant/Sewer Construction PermitsWastewater Operator Certification
32 Office of Land Quality Federal Mandates Defense Environmental Restoration Program (DERP)Hazardous Waste PermitsNatural Resource Damages (NRD)LUST (Also state-mandated)Site AssessmentSuperfundUnderground Storage TanksRCRA 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 MandatesExcess Liability FundSolid Waste PermitsState CleanupsVoluntary RemediationWaste Tire Management and CleanupEmergency ResponseOther ProgramsLaboratory ContractsBrownfields
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 sitesThe 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 MandatesOffice of Voluntary CompliancePollution PreventionRecycling GrantsHousehold Hazardous WasteOther ProgramsIncentive ProgramsToxic Release Inventory
38 Office of Pollution Prevention and Technical Assistance Office of Pollution Prevention and Technical Assistance Recommended ‘06 Budget
39 Program DescriptionsThe 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 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.AdministrationOffice of Management, Budget and AdministrationLegal ServicesOffice of EnforcementOffice of Criminal Investigations
41 Other Programs (cont.) Non-mandated programs which serve to support agency-mandated programs:Office of Legal CounselRegional OfficesNorthwest Regional OfficeNorthern Regional OfficeSouthwest Regional OfficeOffice of External AffairsPublic Policy and PlanningMedia and Communications Services
45 Major Permitting Programs Federal Title V Air PollutionFederal NPDES WastewaterFederal RCRA Hazardous WasteSolid Waste FacilityAsbestos AccreditationDrinking 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.
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 2005Total appropriations for $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.
51 RCRA Budget for FY 2005Total appropriations for $7,989,850
52 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.
53 Solid Waste Budget for FY 2005 Total appropriations for $4,958,394
54 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.
56 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
57 Drinking Water Budget for FY 2005 Total appropriations for $3,206,725
58 Current Fee Information Most major IDEM fees have been in effect since 1994Fee increases have not been authorized since the inception of the fees, except the Safe Drinking Water fees approved during the 2004 legislative sessionSome 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)
59 Underground Petroleum Storage Tank Excess Liability Trust Fund
60 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 lawProvides money to satisfy costs/liabilities incurred by owners/operators for corrective actionProvides money for indemnification of third parties harmed by migration of petroleum offsiteProvides money for expenses incurred by IDEM in the course of administering the fund
61 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 IDEM1 member representing the State Fire Marshal1 member representing the State Treasurer1 member representing the Department of Revenue12 individuals appointed by the governor representing various constituencies.
62 Sources of Money for the ELTF Underground Storage Tank FeesFee is $90 per tank, per yearFee is split 50/50 with Underground Petroleum Storage Tank Trust FundThe fee generates approximately $650,000 annually for ELTFOil Inspection FeesFee is $0.40 per 50 gallons of gasoline or keroseneDiesel fuel is excludedThe fee generates approximately $32,000,000 annually for ELTF
63 Contact InformationVisit IDEM’s Web site atSandra FlumDirector of Intergovernmental Relations and Communications(317)