Indiana IDEM Voluntary Remediation Program (VRP) Overview

Overview

Indiana’s Voluntary Remediation Program (VRP) provides a structured process for property owners, operators, prospective purchasers, and third parties to voluntarily investigate and clean up contaminated properties. The program is administered by IDEM’s Office of Land Quality (OLQ) under Indiana Code 13-25-5, which has been in effect since 1996.

The VRP most commonly addresses industrial sites, facilities with petroleum storage, commercial properties, manufactured gas plants, and dry cleaners. Participants are typically current or past property owners, current or past lessees, and prospective purchasers. Local governments with property obtained by default or with an interest in property development may also participate. Applicants who have already completed remediation are also eligible to enter the program retroactively.

Upon successful completion, IDEM issues a Certificate of Completion and the Governor’s Office issues a Covenant Not to Sue. These documents provide assurance that the remediated property will not become the subject of future enforcement action, and future liability is limited to the releases addressed in the approved Remediation Work Plan.

Regulatory Authority

The VRP is authorized under IC 13-25-5 (Voluntary Remediation of Hazardous Substances and Petroleum). Technical cleanup standards and investigation procedures follow the Remediation Closure Guide (RCG), nonrule policy document WASTE-0046-R2 (effective July 8, 2022). The RCG replaced the older Risk Integrated System of Closure (RISC) that had been in use since 2002, and applies uniformly across all IDEM cleanup programs, not just the VRP.

The VRP Program Guide (WASTE-0077-NPD) provides administrative process guidance specific to the VRP, supplementing the technical requirements in the RCG.

Federal Liability Protections

Two federal agreements provide additional protections for VRP participants:

A 1995 Memorandum of Agreement (MOA) between IDEM and U.S. EPA Region V provides that for any site receiving a Certificate of Completion through the VRP, EPA will not plan or anticipate any federal action under CERCLA, unless the site poses an imminent and substantial threat to human health or the environment. This agreement does not apply to sites on the National Priorities List.

A 2004 Memorandum of Understanding (MOU) between IDEM and U.S. EPA supports the use of the VRP to implement RCRA Subtitle C Corrective Action requirements at eligible facilities, and to facilitate brownfield redevelopment. This allows RCRA corrective action sites, including those under Indiana RCRA oversight, to achieve closure through the VRP rather than going through the separate RCRA corrective action process.

VRP Process

1. Application and Agreement

The applicant submits a VRP Application (State Form 47271) to IDEM with basic site information and a description of known or suspected contamination. IDEM reviews the application and, if accepted, prepares a Voluntary Remediation Agreement (VRA) outlining the obligations of both the applicant and IDEM.

The VRA is a formal agreement that includes a required Scope of Work (Exhibit A). The current VRA template was revised in January 2016 to facilitate more timely progress toward closure. The VRA requires the applicant to reimburse IDEM for administrative costs incurred during project oversight. IDEM provides a cost estimate during the agreement process, but the estimate does not bind IDEM to a maximum billable amount.

2. Investigation

The applicant conducts a site investigation consistent with the RCG and IDEM’s Quality Assurance Project Plan (QAPP) requirements. The investigation must:

• Evaluate all potential exposure pathways: soil direct contact, groundwater ingestion, vapor intrusion (soil gas and indoor air), surface water, and ecological receptors
• Determine the nature and extent of all release-related chemicals
• Characterize the source areas, including any NAPL (non-aqueous phase liquid) if present
• Compare results against IDEM’s Published Level Tables to identify chemicals of concern

Investigation work must be signed by a Qualified Environmental Professional (QEP) or a licensed Professional Engineer (PE) or Professional Geologist (PG). Indiana does not have a state-specific certification equivalent to Ohio’s VAP Certified Professional.

3. Remediation Work Plan

The applicant submits a proposed Remediation Work Plan following the Remediation Work Plan Completeness Checklist (State Form 53413). Under IC 13-25-5-7, the work plan must include:

• Detailed documentation of the investigation conducted
• A proposed statement of work for the remediation, with specific tasks and a schedule
• Risk management practices where applicable
• A Community Relations Plan informing neighboring residents, businesses, and institutions about site activities
• Proposed remediation objectives, either Published Level-based or site-specific risk assessment-based

The Community Relations Plan must identify property owners or occupants who are affected or potentially affected by the project, and must include opportunities for community comment on cleanup objectives and implementation processes. This is required under IC 13-25-5-7(b)(3)(D).

IDEM reviews the work plan and may approve it, require modifications, or deny it. Work plan decisions are subject to administrative appeal under IC 13-25-5-12 and 13.

Applicants who have already completed remediation before entering the VRP may submit a work plan for a completed remediation project under IC 13-25-5-7(c), which requires the same documentation plus demonstration that remediation objectives have been achieved.

4. Remediation

Common remediation methods at VRP sites include soil excavation and removal, soil vapor extraction, air sparging, pump and treat systems, in-situ chemical treatment, and phytoremediation. The selected remedy must be consistent with the approved work plan and the RCG framework.

During remediation, the applicant maintains communication with IDEM through progress reports and periodic meetings. IDEM project managers may conduct field oversight of investigation or remediation activities as needed.

VRP projects are designed to investigate and address specific identified releases. Other releases discovered during the project may trigger IDEM spill reporting requirements under 327 IAC 2-6.1. The liability protection offered by the Covenant Not to Sue is limited to releases addressed in the approved Remediation Work Plan.

5. Completion Report and Closure

The applicant submits a Remediation Completion Report following the Remediation Completion Report Completeness Checklist (State Form 54168). IDEM reviews the report to determine whether remediation objectives have been achieved.

Closure categories include:

• Unconditional closure - no restrictions on future land use. All applicable Published Levels are met across all media without reliance on institutional controls.
• Conditional closure - requires institutional controls to restrict land use or exposure pathways. These controls take the form of Environmental Restrictive Covenants (ERCs) recorded on the property deed, Environmental Restrictive Ordinances (EROs) enacted by local government, or long-term stewardship (LTS) obligations such as ongoing monitoring.

The Record of Remedy Selection (State Form 54471) and Record of Site Closure (State Form 54472) document the remedy and closure decisions.

6. Certificate of Completion and Covenant Not to Sue

If IDEM determines the applicant has successfully completed the approved work plan, the Commissioner issues a Certificate of Completion under IC 13-25-5-16. This is a final agency action for purposes of IC 4-21.5 (Administrative Orders and Procedures).

The property owner must record a copy of the Certificate of Completion and all associated exhibits in the Recorder’s Miscellaneous Book in the county where the property is located. The recording must be cross-referenced to the recorded deed. A copy displaying the book and page number or instrument number must be returned to the IDEM VRP project manager.

The Governor’s Office separately issues a Covenant Not to Sue, which limits future liability for the releases addressed in the work plan. The CNS protects the applicant and future property owners from state enforcement action related to those specific releases.

Cleanup Standards

All VRP investigations and cleanups follow the Remediation Closure Guide (RCG, WASTE-0046-R2). Cleanup standards are based on IDEM’s Published Level Tables, updated annually (most recently the 2025 R2 tables, effective March 28, 2025).

Key technical points for consultants working VRP sites in Indiana:

• IDEM uses a target cancer risk of 1E-05 (1 in 100,000) and a hazard quotient of 1. This is less conservative than EPA’s default 1E-06 risk level, meaning Indiana screening levels for carcinogens are approximately 10 times higher than default EPA RSLs.
• Published Levels are available for soil (residential, commercial/industrial, excavation), groundwater (residential only - IDEM does not publish commercial/industrial groundwater levels), indoor air (residential and commercial/industrial), and soil gas (subslab/deep and shallow exterior, for residential, commercial, and large commercial land uses).
• IDEM does not publish soil migration-to-groundwater screening levels. This pathway is evaluated on a site-specific basis through the RCG process, not through published lookup tables. This is a significant difference from Ohio, which publishes leach-based soil values (LBSVs) for the leaching pathway.
• The term “Published Levels” replaced “Screening Levels” in the 2022 R2 update. Many practitioners still use the older terminology, and IDEM’s older guidance documents reference “Screening Levels” or “Default Closure Levels.”
• Exceedance of a Published Level does not automatically require remediation. It indicates that further evaluation of potential exposure risk is appropriate under the RCG framework.

Administrative Details

Document Submission

IDEM uses the web-based Virtual File Cabinet (VFC) to house public documents for VRP projects. The VFC is considered the administrative record for each project. The E-Submission Portal is available for electronic document submission - applicants can request or modify E-Submission access through IDEM’s E-Submission Enrollment Form.

Technical Disagreements

IDEM has developed a pilot mechanism for handling technical disagreements between OLQ staff and external entities regarding the VRP. This provides a formal process for resolving disputes about technical requirements without resorting to administrative appeals.

Costs and Timeline

VRP project timelines vary widely depending on site complexity. Simple sites with limited contamination may complete the process in under a year, while complex sites with groundwater plumes, vapor intrusion concerns, or multiple release areas may take several years. IDEM oversight costs are billed to the applicant and vary based on the level of agency involvement required.

Comparison to Ohio VAP

Indiana’s VRP and Ohio’s Voluntary Action Program (VAP) serve similar purposes but differ in several important ways:

• Professional oversight: Ohio uses Certified Professionals (CPs) who independently verify cleanups and issue No Further Action letters without prior Ohio EPA approval. IDEM reviews and approves work plans and completion reports directly - there is no equivalent independent certification system. This means Indiana’s process involves more agency interaction throughout.
• Cleanup framework: Ohio’s VAP has its own comprehensive rules (OAC 3745-300) with program-specific standards including CIDARS-derived values and leach-based soil values calculated using the SESOIL model. Indiana uses the unified RCG framework and Published Level Tables, which are derived from EPA RSLs at a 1E-05 risk level, across all cleanup programs.
• Risk level: Ohio’s VAP standards are derived at 1E-06 cancer risk (matching EPA’s default). Indiana uses 1E-05. For carcinogens, Indiana screening levels are approximately 10 times less conservative.
• Leaching pathway: Ohio publishes generic leach-based soil values for the soil-to-groundwater pathway. Indiana evaluates this pathway on a site-specific basis through the RCG - there is no lookup table.
• Federal protection: Both programs have MOAs with EPA providing CERCLA protection for completed sites. The structure and effect of these protections are functionally similar.
• Brownfields integration: In Indiana, the VRP works cooperatively with the Indiana Brownfields Program administered by the Indiana Finance Authority. In Ohio, the Brownfield Redevelopment Program is administered by Ohio EPA within the same agency.

Key Forms and Documents

• VRP Application and Instructions (State Form 47271)
• Voluntary Remediation Agreement (VRA) template
• Remediation Work Plan Completeness Checklist (State Form 53413)
• Remediation Completion Report Completeness Checklist (State Form 54168)
• Record of Remedy Selection (State Form 54471)
• Record of Site Closure (State Form 54472)
• VRP Environmental Restrictive Covenant (ERC) Template
• Community Relations Plan template
• Certificate of Completion (example available on IDEM website)
• Covenant Not to Sue (example available on IDEM website)

All forms are available on the IDEM Agency Forms page. The VRP Resources page provides additional details, templates, and guidance documents.

Source

IC 13-25-5. IDEM Nonrule Policy Documents: Remediation Closure Guide (WASTE-0046-R2), Voluntary Remediation Program Guide (WASTE-0077-NPD), Institutional Controls Program Guide (WASTE-0081-NPD). IDEM-EPA Memorandum of Agreement (December 4, 1995). IDEM-EPA Memorandum of Understanding for RCRA Corrective Action (September 3, 2004).