Indiana VRP Process Walkthrough - Application, Investigation, and Closure
Step-by-step guide to Indiana's Voluntary Remediation Program. Application, investigation, risk evaluation, remediation, and obtaining a Covenant Not to Sue.
Overview
The Voluntary Remediation Program (VRP) provides a structured path for cleaning up contaminated properties in Indiana and obtaining liability protection through a Covenant Not to Sue. Authorized under IC 13-25-5, the VRP is administered by IDEM’s Office of Land Quality and is open to any party willing to investigate and remediate environmental contamination - whether or not they caused it.
The VRP is the most common route to formal closure for contaminated properties in Indiana. It works in conjunction with the Risk-based Closure Guide (WASTE-0046-R2), which provides the technical framework for investigation, risk evaluation, and remedy selection. The VRP adds the administrative structure - application, oversight, milestone reviews, and the legal instruments (Certificate of Completion and Covenant Not to Sue) that provide liability protection at the end.
This guide walks through the VRP process from initial application to closure. For the technical investigation and risk evaluation framework, see the R2 walkthrough.
Who Can Use the VRP
The VRP is available to current property owners, prospective purchasers, operators, and other parties with a legal interest in the property. Unlike some state programs, the VRP does not exclude responsible parties - the person or entity that caused the contamination can apply.
Eligibility requirements under IC 13-25-5:
- The site must have a known or suspected release of hazardous substances or petroleum
- The applicant must be willing to conduct investigation and remediation under IDEM oversight
- The site must not be on the federal Superfund National Priorities List (NPL). The 1995 Memorandum of Agreement between IDEM and EPA excludes NPL sites from the VRP’s liability protections. Sites under active enforcement orders may also be ineligible depending on the circumstances
Sites already enrolled in another IDEM cleanup program (State Cleanup, LUST) may transfer to the VRP if the conditions are met. The VRP and Indiana Brownfields Program frequently work together - a site may receive assessment assistance through Brownfields while pursuing formal closure through the VRP.
Application Process
Step 1: Pre-Application Coordination
Before submitting a formal application, contact the IDEM VRP section to discuss the site. IDEM can confirm whether the VRP is appropriate, identify potential issues, and provide guidance on the application. This step is optional but recommended - it can prevent delays from incomplete or misdirected applications.
Contact the IDEM Office of Land Quality at (317) 232-8603 or through the IDEM cleanups contact page to discuss the site.
Step 2: Submit the VRP Application
The VRP application form is available on the IDEM VRP page. The application requires:
- Property identification (address, legal description, parcel number)
- Description of known or suspected contamination
- Site history and previous investigations
- Applicant’s relationship to the property (owner, prospective purchaser, operator)
- Proposed scope of investigation
There is no upfront application fee for the VRP. However, IDEM bills applicants for administrative and personnel costs incurred over the life of the project per IC 13-25-5-21(e)(1). IDEM provides a cost estimate with the Voluntary Remediation Agreement, but the estimate does not cap total costs - actual billing is based on hours spent.
Step 3: IDEM Review and Acceptance
IDEM reviews the application and either accepts the site into the VRP, requests additional information, or determines the VRP is not appropriate. Upon acceptance, IDEM assigns a project manager who will serve as the primary point of contact throughout the project.
IDEM review timelines vary by project complexity and current workload. Allow sufficient time for IDEM review before planning field activities.
Step 4: Enter into a Voluntary Remediation Agreement
Once accepted, the applicant enters into a Voluntary Remediation Agreement (VRA) with IDEM. The VRA establishes the obligations of both parties, the scope of work, and the schedule for completing investigation and remediation milestones.
The VRA is a formal agreement. A standard template is available on the VRP Resources page that identifies the obligations of both the applicant and IDEM. The current template, revised January 11, 2016, includes a required Scope of Work (Exhibit A) with milestones intended to facilitate timely progress toward closure.
Investigation Phase
The investigation follows the R2 framework (Tasks 1 through 3):
Task 1 - Identify release sources. Determine what activities or operations caused the release and where the source areas are located. Use R2 Table 2-A to identify expected chemicals of concern based on the release type.
Task 2 - Identify and quantify release-related chemicals. Develop a sampling plan with appropriate data quality objectives, collect samples from affected media (soil, groundwater, soil gas, indoor air), and characterize the nature and concentration of contamination.
Task 3 - Determine the extents of release-related chemicals. Delineate contamination horizontally and vertically in all affected media until concentrations are below applicable Published Levels or the plume limits are established.
Throughout the investigation, IDEM reviews submitted work plans and reports. The VRP project manager may request additional sampling, expanded scope, or modifications to the investigation approach based on review of the data and the evolving conceptual site model.
Work Plan Submittal
Before conducting investigation activities, submit a work plan to the IDEM project manager for review. The work plan should describe the proposed investigation approach, sampling locations, analytical methods, and data quality objectives. IDEM will review and either approve the plan, approve with conditions, or request revisions.
IDEM reviews and approves work plans before field work begins. The Remediation Work Plan Completeness Checklist (Form 53413) provides an outline of required content. Work plan decisions are subject to appeal under IC 13-25-5-12 and IC 13-25-5-13.
Investigation Reports
Submit investigation reports to IDEM as milestones are completed. Reports should follow the R2 framework, present data in the context of the conceptual site model, and identify next steps. Include tables comparing analytical results to applicable Published Levels.
Risk Evaluation Phase
Once characterization is complete, the risk evaluation follows R2 Tasks 4 through 7:
Task 4 - Define decision units. Establish the spatial boundaries and land use assumptions (residential or commercial/industrial) for each area where a remedy decision is needed.
Task 5 - Determine representative concentrations. Calculate representative concentrations within each decision unit using appropriate statistical methods. The R2 requires statistically valid estimates of exposure concentrations, not just maximum detections.
Task 6 - Specify remediation objectives. Set the target concentrations the site must meet. Options include IDEM Published Levels (the default), naturally occurring background, or site-specific risk-based values. Remember that Indiana uses 1E-05 cancer risk and HQ of 1.0 - different from EPA’s 1E-06 default.
Task 7 - Determine whether a remedy is necessary. Compare representative concentrations to remediation objectives. If all decision units meet unconditional objectives, the site can proceed to closure without remediation. If not, a remedy is required (Tasks 8-9).
Remediation Phase
If the risk evaluation indicates unacceptable risk, select and implement a remedy under R2 Tasks 8 and 9.
Remedy options in the R2 include active remediation (excavation, in-situ treatment, pump-and-treat, monitored natural attenuation), engineered exposure controls (caps, barriers, vapor mitigation systems), and institutional controls (environmental restrictive covenants). Multiple remedy components may be combined.
The choice of remedy affects the type of closure available:
- Remediation to unconditional levels allows unrestricted use and unconditional closure
- Remediation with ongoing controls requires conditional closure with an Environmental Restrictive Covenant (ERC) recorded on the property deed
For conditional closures, financial assurance may be required to ensure long-term operation and maintenance of the remedy. See the R2 Appendix G for financial assurance guidance.
Closure
Unconditional Closure
If the site meets unconditional remediation objectives (typically residential Published Levels) in all media and decision units, the applicant requests unconditional closure. IDEM reviews the closure documentation and, if satisfied, issues:
- A Certificate of Completion confirming that investigation and remediation requirements have been met
- A Covenant Not to Sue providing liability protection to the applicant and subsequent property owners
Unconditional closure means no restrictions on future property use and no ongoing monitoring or maintenance obligations.
Conditional Closure
If contamination remains above unconditional levels but risk is controlled through an ongoing remedy, the applicant requests conditional closure. This requires:
- An Environmental Restrictive Covenant recorded on the property deed describing remaining contamination and use restrictions
- A demonstration that the remedy adequately controls risk under the specified conditions
- Financial assurance for long-term remedy operation and maintenance (if required by IDEM)
IDEM issues a Certificate of Completion and Covenant Not to Sue for conditional closures as well, but the liability protection is conditioned on continued compliance with the ERC terms.
What the Covenant Not to Sue Provides
The Covenant Not to Sue under IC 13-25-5-15 protects the applicant from state environmental claims related to the contamination addressed in the VRP. It applies to the specific release(s) investigated and remediated, and it runs with the property - meaning subsequent owners also receive the protection.
The Covenant Not to Sue does not protect against:
- Federal claims (CERCLA liability is separate)
- Contamination not addressed in the VRP (new releases, undiscovered contamination)
- Fraud or material misrepresentation in the VRP application or reports
- Failure to comply with conditions included in the certificate of completion or covenant (such as maintaining engineering controls or ERC restrictions)
Comparison to Ohio VAP
| Feature | Indiana VRP | Ohio VAP |
|---|---|---|
| Administering agency | IDEM Office of Land Quality | Ohio EPA DERR |
| Statutory authority | IC 13-25-5 | ORC 3746 |
| Technical framework | R2 (WASTE-0046-R2) | OAC 3745-300 |
| Cancer risk level | 1E-05 | 1E-06 |
| Who performs work | Consultant selected by applicant | Must use a Certified Professional (CP) |
| Agency oversight level | IDEM reviews all submittals | Limited agency review - CP certifies compliance |
| Closure instrument | Certificate of Completion + Covenant Not to Sue | No Further Action letter + Covenant Not to Sue |
| Financial assurance | May be required for conditional closures | Required for deed restrictions |
| Application fee | No upfront fee; IDEM bills ongoing administrative costs | Varies by property acreage |
The most significant structural difference is agency oversight. Indiana’s VRP involves continuous IDEM review of work plans and reports, similar to the BUSTR process in Ohio. Ohio’s VAP uses private-sector Certified Professionals who operate with minimal Ohio EPA involvement - the CP certifies that the work meets VAP standards, and Ohio EPA issues the NFA letter based on that certification. This makes the Ohio VAP generally faster but places more responsibility (and liability) on the CP.
Practical Tips
Start with a pre-application call. A 15-minute conversation with IDEM can save weeks of back-and-forth on an application. Ask about the expected timeline, any known issues with the site, and whether the VRP is the right program.
Build the CSM from the first work plan. IDEM evaluates everything against the conceptual site model. Start developing it during Task 1 and update it with every report. A strong CSM reduces review comments.
Compare results to Published Levels early. Before committing to extensive remediation, check whether your site can meet commercial/industrial Published Levels with the existing conditions. The land use determination in Task 4 can dramatically change the required cleanup targets.
Coordinate with Brownfields if applicable. If the site qualifies for Brownfields assistance (typically non-responsible parties acquiring contaminated properties), the Indiana Finance Authority can provide assessment funding that offsets VRP investigation costs.
Plan for conditional closure requirements. If your site will likely need an ERC, engage a real estate attorney early. The ERC must be recorded on the deed, and the language must satisfy both IDEM and the property owner’s lender.
Key Forms and Documents
- VRP Application Form: available on the IDEM VRP page
- VRP Program Guide (WASTE-0077-NPD)
- Risk-based Closure Guide (WASTE-0046-R2)
- Environmental Restrictive Covenant template
- Published Level Tables: available on the IDEM screening tables page
Source
IC 13-25-5 (Voluntary Remediation of Hazardous Substances and Petroleum). IDEM Nonrule Policy Documents: Voluntary Remediation Program Guide (WASTE-0077-NPD), Risk-based Closure Guide (WASTE-0046-R2). IDEM VRP program page.