IDEM 101

An introduction to the Indiana Department of Environmental Management (IDEM), its offices, and its role in protecting Hoosiers and our environment.

IDEM’s Mission Statement

Protecting 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

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IDEM’s Creation

• • • • 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.

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IDEM’s Five Major Programs

• • • • •

The Office of Air Quality The Office of Water Quality The Office of Land Quality The Office of Compliance Support The Office of Legal Counsel and Criminal Investigations

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The Office of Air Quality

• • • • • • 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.

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• • • • • •

The Office of Water Quality

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. 6

• • • • • • • •

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. 7

• • • • •

The Office of Compliance Support

Provides confidential business consultations, training and workshops. Manages the Partners for Pollution Prevention program for industry; works with solid waste districts to promote waste reduction and recycling; manages the Environmental Stewardship Program and the Governor’s Awards for Environmental Excellence recognition programs. Manages federal grants for marina boat sewage pump out stations and other water pollution prevention projects. Manages Recycling Marketing Development Program grants, which help launch new recycling businesses in Indiana. Provides community environmental health outreach, enhancing health protection for more than 4,000 young Hoosiers through IDEM’s 5-Star Recognition Program for Child Care Facilities and reaching out to about 15,000 students each year with classroom visits and lesson plans with approved environmental curriculum. Manages the agency’s four regional offices, houses IDEM’s Public Records Office, runs Indiana’s certification program for consultants who clean up homes contaminated from illegal drug manufacturing. Coordinates IDEM/U.S. EPA planning efforts for activities funded by federal performance grants. Ensures Indiana meets federal and state pollution prevention mandates. 8

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.

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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 10

IDEM Regions of Service

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Contact Information

Steve Howell, Director Office of Community Affairs [email protected]

(317) 232-8587

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IDEM 101:

SUPPLEMENTAL SLIDES

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IDEM 101:

Mandates and Programs

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• • • • •

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. Biowatch – federal program to monitor air for releases of pathogens and aid U.S. EPA in early warning efforts. 15

• • • • • • • •

Office of Water Quality Programs

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.

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 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.

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• • • •

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. 17

• • •

Office of Compliance Support Programs

State regulations authorize IDEM to operate its voluntary compliance program, which houses IDEM’s Compliance and Technical Assistance Program in compliance with federal Clean Air Act requirements. Other state mandated programs managed by the Office of Compliance Support include the Office of Pollution Prevention and Technical Assistance, Recycling Market Development Program, Community and Environmental Health, Clean Marina outreach and grants, regulatory training programs and workshops for regulated industry, and Indiana’s training program for consultants who cleanup contamination in homes used for illegal drug manufacturing. The Office of Compliance Assistance manages Indiana’s Environmental Stewardship Program, the CLEAN Community Challenge, the Governor’s Awards for Environmental Excellence, and is an active member of Indiana Partners for Pollution Prevention. Under state mandates, staff provide outreach and assistance on household hazardous waste, pharmaceutical waste, and e-Waste registration process. 18

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 16 members. 11 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. The sixteenth member is the IDEM commissioner, who does not vote. 19

The Environmental Rules Process

• • • 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 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. 20

IDEM 101:

Funding Sources, Budgets and Permit Fees

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

General $23,608,443 (18%) Federal $24,381,116 (18%) Dedicated $86,505,653 (64%)

Fiscal Years 2014 & 2015 - per year 22

• • •

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.

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Budget Levels by Program

Agency Wide Services $12,321,311 (9%) Office of Water Quality $25,909,526 (20%) Office of Air Quality, $24,553,321 (18%) Office of Land Quality $65,736,529 (49%) Fiscal Years 2014 & 2015 (Per year) Office of Compliance Support $5,239,616 (4%)

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Permit Fees

• • • 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.

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. 25

Title V Budget for Fiscal Years 2014 & 2015

Total Program Appropriations - $11,951,000/year

Title V is funded by an emissions fee per ton and per facility.

Dedicated Funds $11,951,000 (100%)

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Asbestos Budget for Fiscal Years 2014 & 2015

Total Program Appropriations - $560,000/year

The Asbestos Program is funded by fees from contractors and training providers.

Dedicated Funds $560,000 (100%)

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NPDES Budget for Fiscal Years 2014 & 2015

Total Program Appropriations - $7,191,000/year

Indiana’s NPDES program is funded by general funds and annual permit fees, with fee schedules based on facility type and flow. General $1,558,900 (22%) Dedicated $5,633,000 (78%)

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Drinking Water Budget for Fiscal Years 2014 & 2015

Total Appropriations: $4,909,299/year

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

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Federal Funds $1,961,720 (40%) Dedicated Funds $2,942,579 (60%)

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RCRA Budget for Fiscal Years 2014 & 2015

Total Appropriations: $13,627,256/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.

Dedicated $7,824,011 (57%) Federal, $2,732,256 (20%) General $3,071,089 (23%)

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Solid Waste Management Budget for Fiscal Years 2014 & 2015

Total Appropriations: $5,163,136/year

The program receives application, annual operation, generator and disposal fees, and general funds.

General Funds $1,652,203 (32%) Dedicated Funds $3,510,933 (68%)

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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 Compliance 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.

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IDEM Staffing Levels

An Historical Perspective 1000 950 900 850 800 750 700 650 600 550 500 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Proposed 2015-2016 34

Office of Air Quality (per year)

Office of Air Quality

Fiscal Years 2014 and 2015 Budget Appropriation Amount General (Millions) Amount Dedicated (Millions) Amount Federal (Millions) Total Funding (Millions)

Federal Programs:

Federal Title V Program Clean Air Act Planning/Monitoring Clean Air Act PM 2.5/Monitoring Asbestos Licensing Auto Emissions Testing Program

Totals:

0 0.605 0 0 5.444

6.049

11.951

0.264

0 0.547

0

12.762

0 3.735 1.380 0 0

5.115

11.951

4.604 1.380 0.547

5.444

23.926

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Office of Water Quality

Fiscal Years 2014 and 2015 Budget Appropriation Office of Water Quality (per year)

Federal Programs:

Watershed Grant Programs Clean Water Act Programs/Assmnts/TMDL Safe Drinking Water Programs NPDES Programs State Revolving Loan Programs

Federal Programs Subtotal:

State Mandates:

Wetlands Protection OWQ Laboratory Contracts Miscellaneous Programs

State Mandates Subtotal: Totals:

Amount General (Millions) Amount Dedicated (Millions) Amount Federal (Millions) Total Funding (Millions) 0 4.092

0 1.589

0

5.681

0 0 0

0 5.681

0 0 2.943

5.633

0

8.576

0.075

0.936

0.665

1.676

10.252

4.860

2.108

1.962

0 0.245

9.175

0 0 0.796

0.796

9.971

4.860

6.200

4.905

7.222

0.245

23.432

0.075

0.936

1.461

2.472

25.905

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Office of Land Quality

Fiscal Years 2014 and 2015 Budget Appropriation Amount General (Millions) Amount Dedicated (Millions) Office of Land Quality (per year)

Federal Programs:

Defense Environmental Restoration Hazardous Waste Permits Natural Resources Damages Leaking Underground Storage Tanks Site Investigations Auto Salvage Superfund Underground Storage Tanks

Federal Programs Subtotal:

State Mandates:

Excess Liability Trust Fund Solid Waste Permits State Cleanups Confined Feeding Voluntary Remediation Waste Tire Fund Emergency Response

State Mandates Subtotal:

Other Programs:

Laboratory Contracts PCB Inspections Miscellaneous Programs

Other Programs Subtotal: Totals:

0 1.412

0 0 0 0 0 0

1.412

0 1.652

0 0.286

0 0 2.741

4.393

0 0 0

0.0

6.091

0 0 0.350

0.195

0 0 0.987

0.195

1.727

39.110

3.511

2.780

0 0.976

0.500

0

46.877

0.169

0.020

3.304

3.493

52.107

Amount Federal (Millions) 0 0 0 0 0 0 0

0

0.157

2.622

0 1.176

0.420

0.060

0.479

1.756

6.670

0 0.133

0.735

0.878

7.538

Total Funding (Millions) 0.157

4.023

0.350

1.930

0.420

0.060

1.466

1.951

9.767

39.110

5.600

2.780

0.286

0.976

0.500

2.741

51.270

0.169

0.153

4.039

4.631

65.736

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Office of Compliance Support

Fiscal Years 2014 and 2015 Budget Appropriation Pollution Prevention (per year) Amount General (Millions) Amount Dedicated (Millions) Amount Federal (Millions)

State Mandates:

Office of Voluntary Compliance Pollution Prevention Recycling Market Development Program Household Hazardous Waste Waste Tire Reuse

State Mandates Subtotal:

Non state mandated programs:

Clean Vessel Act Boating Infastructure

Non State Mandated Programs Subtotal: Totals:

0 1.032

0 0 0

1.032

0 0

0 1.032

0.738

0 1.108

0.165

0.032

2.034

0.032

0

0.032

2.066

0 0

0

0 0 0 0.194

0.200

0.394

0.423

Total Funding (Millions) 0.738

1.032

1.108

0.165

0.032

3.066

0.226

0.200

0.426

3.521

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Office of Compliance Support (cont.)

Fiscal Years 2014 and 2015 Budget Appropriation Regional Office Budget FYs 2014 & 15 (per year) Amount General (Millions) Amount Dedicated (Millions) Amount Federal (Millions) Total Funding (Millions)

Regional Offices:

Northwest Regional Office Northern Regional Office Southwest Regional Office Southeast Regional Office

Regional Offices Subtotal:

0.197

0.157

0.119

0.127

0.600

0.296

0.236

0.179

0.191

0.902

0

0

0 0 0 0.493

0.393

0.298

0.324

1.508

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Other IDEM Programs

Fiscal Years 2014 and 2015 Budget Appropriations Amount General (Millions) Amount Dedicated (Millions) Other Programs (each year)

Administration:

Environmental Management Operating:

Legal Services:

Office of Legal Counsel Office of Environmental Investigations

Legal Services Subtotal:

Policy & Planning Services:

Planning and Assessment Media and Communications Services

Policy & Planning Services Subtotal: Environmental Management Special Fund: Totals: 2.779

0.591

0.137

0.728

0.416

0.443

0.859

0 4.366

4.168

0.964

0.182

1.146

1.249

0.664

1.913

0.641

7.868

Amount Federal (Millions) Total Funding (Millions)

0

0 0

0 0 0

0 0

0 6.947

1.555

0.319

1.874

1.665

1.107

2.772

0.641

12.234

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All Programs (per year)

All IDEM Programs

Fiscal Years 2014 and 2015 Budget Appropriation Amount General (Millions) Amount Dedicated (Millions) Amount Federal (Millions) Total Funding (Millions) Office of Air Quality Office of Water Quality Office of Land Quality Office of Compliance Support Other Programs/Agency Wide Services 5.836

5.681

6.091

1.632

4.366

23.608

13.100

10.253

52.107

3.177

7.868

86.506

5.618

9.971

7.538

0.424

0

24.381

24.554

25.905

65.736

5.239

12.234

134.495

Totals:

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