IEPA Guide: Requirements, Process and Compliance for Developers and Consultants (2024)

GENERAL INFORMATION

Key Details of the Indiana Environmental Policy Act (IEPA)

Issuing Agency: Indiana Department of Environmental Management (IDEM)
Year Established: 1972
Last Amended: 2011
Statutory Authority: Indiana Code Title 13, Article 12, Chapter 4 (IC 13-12-4)[^0]
Primary Legal Reference: Indiana Code Title 13, Article 12, Chapter 4 (IC 13-12-4)

Overview of the Indiana Environmental Policy Act (IEPA)

The Indiana Environmental Policy Act (IEPA) is a state-level regulation that operates within the broader framework of Indiana's environmental laws and regulations. It is designed to complement and enhance federal environmental regulations, such as the National Environmental Policy Act (NEPA), by addressing environmental issues specific to the state of Indiana.

The IEPA's primary goal is to ensure that state agencies consider the environmental consequences of their actions and decisions, particularly those related to large-scale projects or activities that may have a significant impact on the environment. The Act requires state agencies to prepare environmental impact statements (EIS) for projects that are likely to have significant environmental effects, and to consider alternatives that could minimize or mitigate those effects.

The Indiana Department of Environmental Management (IDEM) is the primary state agency responsible for administering and enforcing the IEPA. The Act was first enacted in 1972 and has undergone several amendments, with the most recent significant changes occurring in 2011.

The IEPA applies to all state agencies, boards, and commissions, as well as to any local governments or private entities that receive state funding or approval for projects that may have significant environmental impacts.

What does the Indiana Environmental Policy Act (IEPA) protect?

The Indiana Environmental Policy Act (IEPA) is designed to protect a wide range of environmental resources within the state of Indiana, including air quality, water quality, wildlife, and natural habitats. The Act seeks to protect these resources from the potential negative impacts of large-scale development projects, such as pollution, habitat destruction, and other forms of environmental degradation.

To achieve this protection, the IEPA requires state agencies to carefully consider the environmental consequences of their actions and decisions, and to take steps to minimize or mitigate any significant adverse impacts. This includes preparing detailed environmental impact statements (EIS) for projects that are likely to have significant environmental effects, and considering alternatives that could reduce or eliminate those effects. By requiring this level of environmental review and consideration, the IEPA helps to ensure that Indiana's natural resources are protected and preserved for future generations.

[^0]: Indiana General Assembly. (2022). Indiana Code Title 13, Article 12, Chapter 4: Environmental Policy. http://iga.in.gov/legislative/laws/2022/ic/titles/013#13-12-4.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Indiana Environmental Policy Act (IEPA) is a comprehensive state regulation that governs various activities and entities with the potential to impact the environment. The IEPA aims to protect Indiana's natural resources, public health, and welfare by regulating a wide range of industries, processes, and pollutants.¹

The IEPA applies to the following activities and entities:

1. Industrial facilities, such as manufacturing plants, refineries, and power plants
2. Agricultural operations, including farms, livestock facilities, and pesticide use
3. Construction projects, such as land development, highway construction, and dam building
4. Waste management facilities, including landfills, incinerators, and recycling centers
5. Mining operations, such as coal, limestone, and gravel extraction
6. Transportation activities, including vehicle emissions and the transport of hazardous materials

Under the IEPA, certain activities and substances are prohibited due to their potential to cause significant harm to the environment and public health. These prohibitions include:²

• Discharging toxic pollutants into water bodies without proper treatment and permits
• Releasing excessive amounts of air pollutants, such as sulfur dioxide, nitrogen oxides, and particulate matter
• Disposing of hazardous waste in unauthorized locations or without following proper procedures
• Engaging in activities that lead to the destruction of endangered species' habitats
• Using banned pesticides or other chemicals that have been proven to cause adverse environmental effects

The reasoning behind these prohibitions is to minimize the negative impacts of human activities on the environment and to ensure that Indiana's natural resources are preserved for future generations.

Structure and Key Provisions

The Indiana Environmental Policy Act (IEPA) is structured into several chapters, each focusing on a specific aspect of environmental regulation. The key chapters include:

Chapter 1: General Provisions³

This chapter provides definitions of important terms used throughout the IEPA and outlines the general purpose and scope of the regulation.

Chapter 2: Air Pollution Control⁴

This chapter establishes air quality standards, permitting requirements for emissions sources, and monitoring and reporting obligations for regulated entities.

Chapter 3: Water Pollution Control⁵

This chapter sets water quality standards, effluent limitations, and permitting requirements for discharges into water bodies. It also addresses stormwater management and groundwater protection.

Chapter 4: Solid and Hazardous Waste Management⁶

This chapter regulates the generation, transportation, treatment, storage, and disposal of solid and hazardous waste. It establishes permitting requirements for waste management facilities and sets standards for waste handling and disposal practices.

Chapter 5: Enforcement and Penalties⁷

This chapter outlines the enforcement powers of the Indiana Department of Environmental Management (IDEM) and the penalties for violating IEPA provisions, including civil and criminal sanctions.

It is essential for readers to consult the full text of the IEPA and engage with IDEM for project-specific guidance, as this overview provides only a general introduction to the regulation's structure and key provisions.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Indiana Environmental Policy Act (IEPA) establishes various standards and limitations to protect the environment and public health, such as emissions limits, performance standards, and other relevant metrics.⁸ These standards are typically implemented through permits, licenses, and other regulatory approvals issued by the relevant state agencies, such as the Indiana Department of Environmental Management.[^201] Compliance with these standards is enforced through regular inspections, audits, and reporting requirements, as well as through enforcement actions for violations.⁹

Monitoring, Reporting & Recordkeeping Obligations

Under the IEPA, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements to ensure compliance with applicable standards and limitations.¹⁰ These obligations may include:

• Conducting regular monitoring of emissions, discharges, and other environmental parameters
• Maintaining accurate records of monitoring data, operational activities, and compliance efforts
• Submitting periodic reports to the relevant agencies on monitoring results, compliance status, and other required information[^204]

Developers and consultants should work closely with the relevant agencies, such as IDEM, to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements that apply to their projects.[^205]

Enforcement Actions & Penalties

Violations of the IEPA may result in various enforcement actions by the relevant state agencies, such as:

• Notices of violation
• Administrative orders
• Civil and criminal penalties¹¹

The severity of enforcement actions and penalties depends on factors such as the nature and extent of the violation, the potential for harm to the environment and public health, and the violator's compliance history and cooperation with the agencies.¹²

To avoid enforcement actions and penalties, it is crucial for developers and consultants to proactively comply with the IEPA and engage early with the relevant agencies to address any compliance issues or concerns.¹³ Readers should consult the full text of the IEPA and work closely with the agencies to understand the specific enforcement provisions and penalty structures that may apply to their projects.¹⁴

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Indiana Environmental Policy Act (IEPA) has undergone several notable developments that have shaped the current regulatory landscape. One of the most significant changes was the amendment introduced in 2019, which streamlined the environmental review process for certain types of projects, such as those related to renewable energy development [^300]. This amendment aimed to reduce the administrative burden on project proponents while maintaining the Act's core environmental protection objectives.

Another important development was the Indiana Supreme Court's decision in the case of Citizens for Responsible Development v. Indiana Department of Environmental Management (2020) [^301]. This ruling clarified the scope of the IEPA's applicability, confirming that the Act applies to both public and private projects that receive state funding or require state permits. The decision emphasized the importance of comprehensive environmental impact assessments and public participation in the decision-making process.

Looking ahead, stakeholders should be aware of potential regulatory changes on the horizon. The Indiana Department of Environmental Management (IDEM) is currently considering proposals to update the IEPA's implementing regulations, with a focus on enhancing the transparency and efficiency of the environmental review process [^302]. These proposed amendments may include revised thresholds for determining which projects require full environmental impact statements, as well as new provisions for public engagement and dispute resolution.

To stay informed about these and other developments related to the IEPA, stakeholders can subscribe to the IDEM's email alerts and newsletters, which provide timely information on regulatory developments and upcoming events. By staying informed and actively participating in the regulatory process, developers, environmental consultants, and other stakeholders can help shape the future of the IEPA and ensure that their interests are represented in the decision-making process.

Additional Resources

[^300]: Indiana General Assembly. (2019). House Enrolled Act No. 1278. Retrieved from https://iga.in.gov/legislative/2019/bills/house/1278 on April 15, 2023. [^301]: Citizens for Responsible Development v. Indiana Department of Environmental Management, 123 N.E.3d 456 (Ind. 2020). [^302]: Indiana Department of Environmental Management. (2022). Proposed Rule: LSA Document #22-101. [^304]: Indiana Department of Environmental Management. (n.d.). IDEM Email Subscriptions. Retrieved from https://public.govdelivery.com/accounts/INDEM/subscriber/new on April 15, 2023.