EVALUATION REPORT ON THE

INDIANA STREAM POLLUTION CONTROL BOARD

           FISCAL YEAR 1972

        WATER POLLUTION CONTROL

             PROGRAM PLAN
       United  States  of  America
   Environraental  Protection  Agency
               Region V

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                                 PROGRAM PLAN EVALUATION REPORT
                                        STATE OF INDIANA
                                             FT 1972
           I.  Introduction

               A.  Background

                   1.  The complete plan was received July 6, 1971.

                   2.  Summary of findings of previous year's Program Appraisal.
                       The Fiscal Year 1971 Indiana State Program Plan was condi-
                       tionally approved by David D. Dominick, Commissioner of the
                       FWQA, on November 10, 1970.  A summary of the recommendations
                       proposed follows:

                       a.  It was recommended that the staff and corresponding budget
                           be increased significantly.  This staff should be placed
                           in such critical areas as treatment facilities inspections
                           and evaluation, planning, enforcement, and public infor-
                           mation.  Salary schedules should be increased to be more
  •v,.                        competitive in the labor market.
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  >                    b.  It was recommended that adequate State construction grant
^-3T                    .    funds be appropriated to match increased Federal funds.

  ^                    c.  Because of a possible significant increase in the Federal
  (M                        construction grant funds, it was recommended that the State
."7                        consider eliminating the restriction that no applicant is
                           permitted to receive grants in consecutive years.

                       d.  The agency was urged to establish a water quality planning
                           unit to develop a statewide water quality planning program.
                           This will require additional staff,

                       e.  Additional program activities recommended for strengthening
                           in the 1972 program plan were enforcement, legal counsel,
                           treatment plant inspection, laboratory support, mine
                           drainage control, oil field brine control, and submittal of
                           monthly operating reports by industrial dischargers.

                       It was recognized that Indiana is making some progress in con-
                       trolling and preventing pollution through the use of water
                       quality standards.  However,  it was also stressed that severe
                       shortages of budget and staff vill remain as serious problems
                       in providing a suitable program for protection of the quality of
                       Indiana's waters.

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    B.  Regional Review

        1.  Regional review of the Indiana Water Pollution Control
            Program Plan and Grant Application consisted of review
            by all of the Regional office program staffs and in
            part by some support elements.  The staffs providing
            review were:

                Office of Public Affairs
                Office of Facilities Programs
                Construction Grants Branch
                Manpower Development and Training Branch
                Office of Regulatory Programs
                Enforcement Branch
                Refuse Act Permit Branch
                Water Quality Standards Branch
                Office of Technical Programs
                Surveillance Branch
                Planning Branch
                Technical Services Branch
                Federal Activities Coordination Branch
                Office of Research and Development

            The Indiana and Illinois District offices also submitted
            comments relative to their evaluation of the Program Plan.
            After the above listed offices presented comments, discus-
            sions were initiated with Indiana officials to reconcile
            differences or to strengthen weaknesses in the Program Plan.

            Following this procedure, the'Program Plan evaluation was
            completed.

        2.  The preliminary review by regional programs started on June
            21, 1971 and was virtually completed within a month.
            Negotiations to improve the Programs Plan have continued into
            November, 1971.  The evaluation procedure was completed on
            December 2, 1971.
II. Conclusions and Recommendations

    A.  Conclusions

        1.   Suitability of Goals and Expected Results:  Both the one-year
            and the five-year program goals proposed generally appear to
            be satisfactory.   The five-year program plan is generally an
            environmentally ccnpnshensive document with respect to water
            water pollution control in Indiana.   It embodies a program for
            FY 1972 that if successfully implemented would be a positive

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        step toward achieving the goals, established for the five-
        year program.  It is noted, however, that there are certain
        shortcomings in the program.  These are delineated•in
        subsequent portions of the program plan evaluation.

    2.  Feasibility of Flan for achieving goals and expected results
        using authority, organization resources, and administration.

        In spite of the general suitability of the goals and inter-
        mediate steps for achieving tha goals, it cannot be stressed
        too strongly that serious inadequacies in both personnel and
        budget, unless overcome, will prevent the attainment of
        several of these goals.

    3.  Regional capabilities for providing needed assistance.  The
        provision of assistance by EPA will include general manpower
        training, through research seminars and other training courses
        or symposia, treatment plant operators and laboratory personnel,
        and in technical advisory and guidance roles.

        If the additional six positions for planning cannot be obtained,
        reassignment of existing state personnel should be made to
        balance the indicated areas of deficiency.
B.  Recommendations

    1.  It is recommended that the Indiana State Program Plan as amended
        by the Indiana Stream Pollution Control Board be approved as
        marginally acceptable.  There are several points of understanding
        underlying this recommendation:
                                      »
        a.  The Board has been authorized to fill the six positions
            allowed by the 1971 General Assembly,

        b.  The Board will strive to obtain 32 additional positions
            during the .coming legislative session.  We believe this is
            the minimum level of manpcwer staffing necessary for the
            Board to meet its current responsibilities for preparing
            fully developed basin and regional/metropolitan plans required
            to qualify for construction grant funds after July 1, 1973,
            and conduct a meaningful program of abating  water pollution
            throughout the State.

        c.  The Board will exert all possible efforts to alleviate the
            growing manpower shortage which precludes accomplishment of
            the minimum goals intended to place the waters  of the State
            in compliance with standards  within the implementation dates
            established in the Indiana Water Quality  Standards.
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    d.  The seriousness of the situation has been impressed upon
        the Board and the Governor's office- however, the Leg-
        islature must take affirmative and substantive action,
        thus avoiding an impasse when the 1973. Program Plans are
        prepared and then evaluated for adequacy and suitability.

    e.  The State has been advised of the possible loss .in
        available Construction Grant funds for Indiana communities
        owing to the lack of State appropriations sufficient to
        meet its share.
2.  Other Actions

    '&.  The State should be invited to participate in a Joint Study
        with EPA of the organizational structuring and manpower
        staffing requirements for effectively performing the functions
        related to environmental pollution abatement and control
        programs by virtue of State and Federal mandates.

    b.  Failure of the Indiana Stream Pollution Control Board to
        receive adequate staff positions would cause certain failure
        of two elements of the state program.   These are:
        (a) Planning as required for compliance under J8CFR601 sub
        part B. and (b) the State's obligations under Section 13 of
        the 1899 Refuse Act.  The State should be advised that such
        a failure could result,in a suspension of Federal program
        grant assistance.

        The Regional office will continue to provide the State with
        technical and overall program advisory assistance.   In the
        past, EPA has provided direct operating assistance,
        especially in the water quality management planning  function.
        V7e are inclined to view direct assistance as inappropriate
        and possibly leading to unsatisfactory consequences.   There
        are no approved plans at present to furnish any of the States
        in this Region with direct Federal assistance in nerforming
        their Water Pollution Control Programs.

    c.  The Program Plan does not list waters  to be brought  into
        compliance nor those to  be maintained  in compliance.   These
        lists are necessary in order to provide some criteria for
        measurement of achievement.   If the compliance lists  cannot
        be provided because of the lack of control or even knowledge
        of uncollectible wastes  and non-point  source agricultural
        waste,  lists can certainly be prepared showing the streams
        where the criteria are being met except  for those items.

    d.  Within the Lake Michigan drainage basin.   The Board must
        address itself to re-evaluatirig the temperature and dissolved
        oxygen criteria in the Grand Calumet (SPC-7)  prior to 197A.

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                  Criteria for the little Calumet (SPC-9) and Wolf Lake
                  (SPC-10) need examination for enhancement of these
                  criteria.

                  For the remainder of the State SPC-IR-2 appears adequate
                  for the time being.


III.  Analysis of Goals and Expected Results

      A.  Five Year Goals

          1.  Proposed Five Year Goals.  The State's five year goals, in
              brief, provide for four general approaches as follow:

              a.  Acquiring better data and achieving better data utilization.

                  1.  Increase annual stream surveys to approximately 250.
                  2.  Full utilization of STOPJBT.

              b.  Increase staff capability.

                  1.  Increase staff to existing and to potential needs.
                  2.  Establish a cross-training program to achieve training
                      in different activities.
                  3,  Increase response capability for fish kills, oil, and
                      hazardous materials.

              c.  Improve Waste Treatment Plant Operation.

                  1.  Achieve adequate treatment facilities in all communities.
                  2.  Rapid dissemination of information regarding new methods,
                      of treatment and design guidelines.
                  3.  Improve knowledge and skills of waste treatment plant
                      operators,
                  4.  Assist in certification of sewage treatment plant operators
                      for srcall plants. -
                  5.  Improve laboratory skill of waste treatment plant operators.
                  6.  Inspect each wastewater treatment facility once every two
                      months,

              d.  Development of an Animal Confined Feeding Program.

                  1,  Require existing feed lots which violate water quality
                      standards to submit plans for waste  disposal facilities
                      and require all existing operations  over the established
                      numbers to submit information on the  operation by July
                      1,  1973 to complete a state v.dde inventory.

          2.   Suitability

              a.   Goals,  per s© in light  of National arid Regional  Plan and

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             Strategy:   The  five year goals listed are generally-
             suitable, but are incomplete and short-sighted.
             Shortcomings noted are as follow:

             1.  The state's five year water quality management program
                goals are not clearly defined in the plan.  In order
                to make the program plan acceptable from an 13CFR601
                planning standpoint, the following ;clarifications
                should  be made as soon as possible:  a clear
                description of the proposed 1&CFR601B planning activity,
                its present status, and the one and five-year
                objectives; the amount budgeted for this activity:
                the resources available, man-years assigned and specific
                personnel to be assigned to this function; and the
                strategy for development of the interim basin plans,
                interim metropolitan and regional plans, and the fully
                developed basin/regional/metropolitan plans.

             2.  Adequate provision has not been made for the Indiana
                Stream  Pollution Control Board to effectively comply
                with their  responsibilities under Section 13 of the
                1899 Refuse Act.

            •3.  While it is recognized that efforts are being made to
                control pollution from confined animal feeding operations,
                it is believed that the Board also should work actively
                with agencies such as SCS, ASCS, and ARS to establish a
                program for control of pollution from nonpoint sources,
                including nutrients, sediments, and  pesticides.

            4.  It is believed that the District Office concept should
                be reinstated as soon,as funds and staff permit,  to
                provide better response to fish kills and spills  of oil
                and hazardous materials and other emergency situations.

        b.  Intermed3.ate steps.   The intermediate steps should be more
            clearly defined as to when during the five-year period it is
            anticipated that the steps  will be accomplished.

            Nearly all of the intermediate steps are contingent upon
            obtaining additional staff and 'or budget.   The proposed
            additional positions must be obtained as a bare minimum if
            these intermediate steps are to be realized.
E.  Expected Results

    1.  Compliance with Criteria

        a.  The plan fails to list streams that are in compliance with

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        criteria with the comment that it is impractical to do
        so.  The implication is that there are no Indiana streams
        in compliance with the criteria.  To avoid that inference,
        streams that are substantially in compliance such as the
        Whitewater, Kankakee, Ircquois, East Fork of White,.and the •
        lower portions of the West Fork White Rivers could be
        shown with listed exceptions of non-compliance reaches or
        with exceptions of specific times or conditions when
        compliance is not achieved,

    b.  The program givees no specific means of measuring results
        by showing the improvement in streams that will meet the
        standards as a result of implementation schedules having
        been met.  It would be advantageous to list streams in
        compliance, or virtually so, as well as those streams that
        will be within that category after specific pollution sources
        are abated during the year.  Thus achievements could be
        measured in terms of exceptions removed, streams added to
        the compliance list, and miles of stream added to the
        compliance group.

        This plan lists 73 communities and il industries to have
        new or improved facilities placed in operation in 1971-72.
        .Some of these are from one to three years behind the imple-
        mentation date given in the standards.  Theref6re, it seams
        possible that further slippage will occur unless the State
        assumes a firm enforcement posture.

    c.  No trend can be identified in the presented plan in as much
        as no listing is given of streams in compliance, nor of
        those to te brought into compliance.  It must be surmised
        that, with construction of facilities and with industries
        treating wastes to comply with the standards, a distinct
        trend toward marked improvement is present,  unless other nlants
        are becoming obsolete ,or overloaded as fast as new treatment
        plants are being added.

2.  Compatibility with State or interstate agency's water quality
    management plan.   The Indiana Program Plan is not incompatible
    with that of ORSANCO but v/ithin the plans some disparity exists
    in that the ORSANCO effluent standards are not acknowledged.   We
    recognize that ORSAHCO standards are not enforceable by the
    State unless it follows the hearing procedures prescribed by
    State law to make the ORSANCO standards State standards as well.
    At the same time,  the success of OHSANCO enforcement activities
    seems dependent upon State  support.   In no sense is the above
    comment to be considered an endorsement of the ORSANCO effluent
    standards but is  intended to reflect the-need for coordination
    of activities.

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          3.  Compliance with facilities construction and operation
              schedules.  The State has permitted slippage of completion
              dates for waste treatment facilities beyond those dates
              established in the implementation data given in the standards.
              At times, delay has been occasioned by inability of the
              community to secure State and Federal grant funds.  Imole-
              mentation dates have been extended from those originally
              given in the standards.

          4.  Compatibility of Permit activities and National Plan.  The
              Indiana Stream Pollution Control Board does not issue discharge
              permits but regulates this type of pollution source by re-
              quiring plans for waste treatment facilities to be submitted
              for approval prior to construction and by a process of hearing
              and board order to waste dischargers.  The plan lists
              industries anticipated to place new or improved facilities in
              operation in 1971-72 but some of these are nne to three years
              behind implementation date, yet this approach may not be
              successful because staffing is not adequately provided.  Every
              effort must be pursued to staff a State program commensurate
              with State responsibilities.  Even if Region V were in a position
              to provide a sufficient number of full-time employees to assist
              the State, State responsibility and authority can not be waived.

          5.  Suitability of adjuncts for supporting I-h above.  The listed
              adjuncts for supporting the program plan are properly selected
              items given in the "One Year" goals.  As in every other facet
              of the program, manpower shortage seems certain to limit the
              chance for favorable results, especially in operator training
              and certification attempts, as well as in technical assistance.

              The goals describe specific items for improvement in waste
              treatment plant operation.  These are all interrelated: for
              examole, needs for specific types of training will be found
              during plant inspections.  Seminars, in-plant instruction,
              laboratory review, and training, along with technical assistance
              may be indicated.  These opportunities should be recommended
              strongly to plant operators and their communities.  This urging
              can be done through the operators license program and through
              requirements included in defining the communities1 responsibility
              under the grant program.

              Region V will continue to provide technical adi-isorv assistance
              to the State in the sunport of program adjunct activities to the
              extent deemed appropriate.


IV.   Analysis-of Program Authorization,  Organization,-Resources and Adnunistrat-,
      ion_

      A.   Authorjzed Functions

          1.   Planning.   The  Indiana Stream Pollution Control  Board has adequate

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    authority to conduct comprehensive water quality manage-
    ment planning in the State.  The Agency's planning efforts
    have been hampered by the lack of trained planning personnel.
    The FT 1972 Program Plan states that work will continue on
    Water Qoality Management Planning, and that interim plans
    will be accomplished for all municipal projects on the one-
    year list and river basin planning will be implemented.  A
    total of 1.85 man-years and $25,583 are programed for FT 1972
    for the Planning and Water Quality Criteria element.  The
    stated goals cannot be reached unless additional resources
    are allocated to this activity.

2.  Water Qiality Criteria.  The plan fails to list streams or
    reaches of streams that are in compliance with criteria.  As
    stated previously, this is believed to be a weakness in the
    Plan.  In order to avoid the inference that no streams are in
    compliance with criteria, it is again suggested that streams or
    reaches of streams substantially in compliance with criteria be
    listed in the plan.  Estimated manpower for this element is
    included in the planning function and is considered wholly
    inadequate.

3.  Water Pollution Control Facilities.  Authority, organization,
    and administration appear adequate to achieve established
    objectives in this program element for FT 1972.  This element
    is considered generally adequate at the 16.04 man-year level
    indicated in the plan.   The established goals include reviews
    of plans and specifications for approximately ISO municipal,
    180 semi-public, and 225 industrial wastewater treatment
    facilities.  The State agency has provided a list of projects
    expected to receive construction grant funds during FT 1972.
    Priorities were assigned during July,  1971, and forwarded to the
    EPA Regional Office at that time.  Other information concerning
    anticipated facilities construction (five-year needs list)
    has been provided.

4.  Other Program.   As indicated previously,  efforts to control
    pollution from' confined animal feeding operations are commend-
    able,  but further work is needed to help control pollution from
    other sources,  including mine drainage,  oil field brine,  and
    pollution from non-point sources.  This  program element is
    considered marginal at  the 3.0 man-year level as proposed in
    the plan.

5.  Surveillance

    a.  Water Quality Monitoring and Sampling.   The State's mon-
        itoring netvcork is  proposed to be  expanded beyond that
        operated during FT  1971.   Several  additional robot monitors
        are  proposed,  which would bring the  total for the State to

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        twelve.  It should be stressed that there is a lack of
        source-oriented monitoring.  These monitors are being
        placed in co?iiplex situations where cause and e'ffect
        relationships are not clearly established.  These•
        instruments would be put to better use through
        monitoring of specific pollution sources.  Consideration
        should be given to inspection and maintenance of the
        equipment on a semi-weekly basis to assure reliable and
        efficient operation.

        Sampling of waters to determine quality on a routine
        basis is a vital functi on of the overall surveillance
        activity.  A considerable amount of sampling however, is
        required on a special basis, such as 24-hour samples, in
        direct support of compliance and enforcement of standards
        activities.  It is Judged that additional manpower will be
        required to effectively carry out this element.

    b.  Inspections and Investigations.  The Board has proposed a
        sound program for the periodic inspection of municipal and
        industrial wastewater treatment facilities.  The inspection
        of large municipal treatment plants could be reduced to a
        semi-annual frequency, but small "package" activated sludge
        plants should be inspected on at least a quarterly basis.
        This program is imperative if violation of State treatment
        standards and plant operation regulations are to be
        detected.  This activity further serves as a mechanism for
        identifying technical training needs end assessing the
        adequacy of existing waste water treatment technology.

        Obtaining at least the minii/ium staff request will materially
        assist in successfully carrying out this program element.

    c.  Laboratory Support.  It is stated in the Plan that during
        FT 1972 approximately 3,300 samples will receive /, 0,000
        chemcal examinations and aporoximately A,000 samples will
        receive 6,1)00 bacteriological examinations.  The laboratory
        performs 70 different chemcal examinations as needed,
        including those for pesticides.  More laboratory time will
        be devoted to quality control.  It is believed that the
        proposed resource level for the laboratory support program
        is not adequate to accomplish the Board's goals.

6.  Enforcement.  As stated previously, the proposed enforcement
    program leaves nuch to be desired.  As a bare minimum, additional
    man years must be assigned to the Federal 1899 Refuse Act Permit
    Program.  It is also urged that additional man-years be
    assirned to general enforcement procedures.  Enforcement of the
    State's water oualjtv standards in an efficient and tiriclv manner

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        requires staff capability for investigation of alleged
        violations, development of documentary 'evidence, prep-
        aration of cases to come before the Board during hearings.
        and coordination of effort in seeking prosecution of sus-
        pected violators.

    7.  Research and Development.  Five areaa of research and  .
        development needs were identified.  Several of these areas
        may have already been investigated and the results reported
        in available literature.  It is stated that no research and
        development activities are planned by the State agency, nor
        is there ajiy plan for coordinating or correlating other
        State agencies efforts in the field of water pollution
        control research activity.

B.  Executive Functions.

    1.  Agency Development.  No changes have been proposed for th«
        organization during FT 1972.  The Btireau- of Engineering of
        the Indiana State Board of Health comprises the technical
        operating ana of the Stream Pollution Control Board.  The
        Technical Secretary of the Stream Pollution Control Board
        serves as Assistant Comraissionsr for Environmental Health of
        the State Board of Health agency, and in that role directs the
        State's water pollution control effort.

        A proposed joint study of manpower staffing requirements for
        Indiana's overall environmental protection effort would include
        a review of the internal structuring and interface of
        functional activities within the Bureau of Engineering,
        including decentralized activities and coordination with local,
        intra and inter state, and other State governmental agencies.
        The design, diagnostic and evaluative functions of the study
        would be performed by an independent organisation possessing
        significant expertise in the field of environmental pollution
        control functions, end in particular,  the evaluation and
        planning of functional structuring and staffing of such an
        agency to assure maximum effectivenesss of effort.

    2.  Interagency Coordination.   The Agency has  in the past communi-
        cated effectively with other State and Federal agencies involved
        in water-related activities.  The Indiana Stream Pollution
        Control Board meets monthly and provides an effective coord~
        ination Mechanism,  This and similar activities will be
        continued during FY 1972.

    3.  Public Information,  This  element of the State's program is
        satisfactory.

    4.  Legal Counsel.   Lc,"Gl counsel includes advice to the Board on
        legal matters,  acting as State's counsel at hearings and court
        actions, and preparing legal notices and orders.  The services

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              are provided by the State Board of Health Hearing
              Commissioner and a Deputy Attorney General on a part-
              time basis.  The Board has requested and we recommend
              that the services of at least two full time lawyers be
              made available for the preparation and coordination of
              enforcement casesf including those cases selected for
              prosecution by the State's Attorney Genera]..

      C.  Auxiliary Functions

          Auxiliary functions in the form of accounting, data processing,
          procurement and personnel services, appear adequate to support
          the basic program activities of the Agency,  Development of
          present manpower resources through training programs and other
          career development vehicles should be given serious consideration.
V.    Regional- Support.

      A.  Interrelationship of Projects in Regional V7ork Plan.  The
          Regional Office plans to offer the assistance it is in a position
          to provide, in the program elements of technical support, manpower
          training, planning, and the RAPP program.  It is not likely that
          the number of man-years that would be necessary to fully support
          the two elements - basin planning and refuse act permits - will
          be available.  An increase in State staff is mandatory if the
          Board is to meet its responsibilities in these areas.

          The Region also can provide technical support, assistance in
          evaluating and training waste treatment plant operating and lab-
          oratory personnel and such other support as may be requested for
          training prograns,

      B.  Feasibility of Plan being evaluated.

          The Indiana Program Plan lists goals  that are clearly beyond its
          manpower capability.  The amount of assistance likely to be
          necessary for refuse act permit processing and the basin 'regional
          planning requirements for construction grant assistance is
          beyond tho present capability of the  Region to provide without
          defaulting other program responsibilities.

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