Indiana State Cleanup Program
IDEM's State Cleanup Program investigates and remediates non-NPL hazardous substance and petroleum sites. Enforcement-driven process with cost recovery.
Overview
Indiana’s State Cleanup Program manages investigation and remediation at sites contaminated with hazardous substances or petroleum that are not included on the National Priorities List (NPL) of the federal Superfund program. The program is administered by IDEM’s Office of Land Quality (OLQ) and follows aspects of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP, 40 CFR Part 300).
The State Cleanup Program handles a wide range of site types, including dry-cleaning facilities, manufacturing facilities, petroleum refineries, petroleum storage terminals, abandoned landfills, unregulated underground storage tank sites, and other industrial or commercial properties with confirmed or suspected contamination. The State Cleanup Program Remediation Process flow chart (available on IDEM’s website) provides a basic overview of the site management process.
How Sites Enter the Program
Sites primarily enter the State Cleanup Program through referral from IDEM’s Emergency Response Section after receipt of a spill or release report required under the IDEM Spill Rule (327 IAC 2-6.1). Additional referral sources include:
- Other IDEM programs, branches, or offices (for example, a LUST site where non-petroleum hazardous substances are also found)
- The IDEM complaint coordinator
- Other public or local governmental agencies
- Federal programs or U.S. EPA referrals
Unlike the Voluntary Remediation Program, the State Cleanup Program is not voluntary. Responsible parties are required to perform the necessary site characterization and remedial activities. The State Cleanup Program will pursue enforcement actions at sites that fail to progress, including actions necessary to ensure completion of investigation and cleanup activities.
Spill Reporting
Environmental emergencies in Indiana must be reported to IDEM’s 24-Hour Emergency Spill Line at (888) 233-7745 or (317) 233-7745. IDEM’s emergency responders are available at all times to receive spill reports and provide response assistance. The Emergency Response Quick Reference Sheet (available on IDEM’s website) provides additional contact numbers and guidance for evaluating environmental threats.
Spill reports are evaluated by the Emergency Response Section. If the release warrants further investigation or cleanup, the site is referred to the State Cleanup Program, the LUST/Petroleum Remediation program, or another appropriate IDEM program depending on the contaminant type and regulatory framework.
Site Investigation and Remediation
The State Cleanup Program follows the remediation framework established in the Remediation Closure Guide (RCG, WASTE-0046-R2) and the State Cleanup Program Guide (WASTE-0076-NPD). The general process mirrors what other IDEM cleanup programs follow, with the key difference being that the State Cleanup Program is enforcement-driven rather than voluntary.
Site Prioritization
IDEM uses a gatekeeper site investigation (SI) team to evaluate incoming referrals and prioritize them based on the potential threat to human health and the environment. Factors include proximity to drinking water sources, population density, contaminant toxicity, and the presence of sensitive receptors.
Investigation
The responsible party conducts a site investigation to determine the nature and extent of contamination. The investigation must be consistent with the RCG and evaluate all potentially affected media and exposure pathways: soil direct contact, groundwater, vapor intrusion (indoor air and soil gas), surface water, and ecological receptors.
Investigation results are compared against IDEM’s Published Level Tables (2025 R2, effective March 28, 2025) to identify chemicals exceeding screening levels. Exceedance of Published Levels indicates further evaluation is needed but does not automatically require remediation.
Risk Evaluation and Remedy Selection
If chemicals exceed Published Levels, the responsible party evaluates whether a remedy is necessary following the RCG framework. This includes detailed assessment of:
- Soil exposure pathways (direct contact for residential or commercial/industrial land use)
- Leaching potential (soil to groundwater, evaluated site-specifically since Indiana does not publish migration-to-groundwater screening levels)
- Groundwater exposure (comparison to residential Published Levels and MCLs)
- Vapor intrusion (indoor air and soil gas screening levels, with attenuation factors per IDEM’s vapor intrusion guidance)
- Ecological risk (where surface water or sensitive habitats are affected)
If remediation is necessary, the responsible party develops a remediation plan consistent with the RCG. IDEM reviews and approves the plan before implementation. Remediation must achieve the applicable Published Levels or demonstrate through a site-specific risk assessment that residual contamination does not pose unacceptable risk.
Closure
Closure follows the same categories as other IDEM programs:
- Unconditional closure - all applicable Published Levels are met without reliance on institutional controls
- Conditional closure - requires Environmental Restrictive Covenants (ERCs), Environmental Restrictive Ordinances (EROs), or long-term stewardship obligations to manage residual contamination
The institutional controls are recorded and maintained through IDEM’s Institutional Controls Program (WASTE-0081-NPD).
Cost Recovery
Responsible parties are liable for the costs of response or remediation incurred by the state. IDEM will seek cost recovery for expenses including staff time for oversight, legal document reviews, technical letter development, and any direct response actions taken by the state. This differs from the VRP, where applicants voluntarily agree to pay oversight costs as part of the Voluntary Remediation Agreement.
Relationship to Other Programs
The State Cleanup Program interacts with several other IDEM and external programs:
- VRP: Sites in the State Cleanup Program may transfer to the Indiana VRP if the responsible party or a new owner wishes to pursue voluntary cleanup with a Certificate of Completion and Covenant Not to Sue.
- LUST/Petroleum Remediation: If a petroleum release is discovered at a State Cleanup site, the petroleum component may be referred to the Indiana LUST program. Conversely, non-petroleum contamination found at a LUST site may be referred to the State Cleanup Program.
- RCRA Corrective Action: Facilities regulated under Indiana RCRA may interact with the State Cleanup Program when hazardous substance releases from solid waste management units require separate state-directed action.
- Brownfields Program: The Indiana Brownfields Program (administered by IFA) may provide assessment and financial assistance at State Cleanup sites where brownfield redevelopment is being pursued.
- Federal Superfund: Sites that meet NPL listing criteria may be referred to U.S. EPA for potential federal action. The State Cleanup Program manages the non-NPL sites that fall below the federal threshold.
Comparison to Ohio DERR Remedial Response
Indiana’s State Cleanup Program parallels Ohio EPA’s DERR Remedial Response Program. Both handle non-NPL hazardous substance sites and follow federal NCP-based investigation frameworks. Key differences:
- Indiana applies the unified RCG with Published Level Tables (at 1E-05 cancer risk) across all programs. Ohio’s DERR uses EPA RSLs as screening values (at 1E-06 cancer risk and HQ of 0.1), which are separate from the VAP standards in CIDARS.
- Indiana’s program follows a single RCG framework for all cleanup programs. Ohio has distinct guidance documents and processes for DERR (state-directed cleanup), VAP (voluntary cleanup), and BUSTR (petroleum UST cleanup).
- Indiana’s spill reporting triggers entry into the State Cleanup Program through the Emergency Response Section. Ohio’s spill reporting under OAC 3750 may route sites to DERR, BUSTR, or other programs depending on the contaminant type and release source.
- Both states allow transfer from enforcement-driven programs to voluntary programs (Indiana State Cleanup to VRP, Ohio DERR to VAP) when circumstances warrant.
Source
IC 13-25-4. 327 IAC 2-6.1 (IDEM Spill Rule). 40 CFR Part 300 (NCP). IDEM Nonrule Policy Documents: Remediation Closure Guide (WASTE-0046-R2), State Cleanup Program Guide (WASTE-0076-NPD), Institutional Controls Program Guide (WASTE-0081-NPD).