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 ------- ------- 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. • ° ' . > 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. ------- - 2 - 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 ------- - 3 - 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. 1 i ------- ------- -4 - 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. ------- 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 ------- - 6 - 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 ------- - 7 - 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. ------- - 8 - 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 ------- - 9 - 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 ------- - 10 - 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 ------- - 11 - 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 ------- - 12 - 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. ------- IN vi.',,::., 1 North ;.'; fh.Lec~o3 1.'":.: rig ------- |