United States Environmental Protection Agency Region 5 77 West Jackson Blvd. Chicago, Illinois 60604 EPA Document No. 905-N-93-001 August 1993 NORTHWEST INDIANA RESIDENTS "SPEAK UP" AT USEPA/IDEM LISTENING SESSION IN GARY On March 25,1993 more than 100 Northwest Indiana citizens met with senior managers ofU.S. Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM) at the Marquette Park Pavilion in Gary, Indiana. In a relaxed open-house setting, citizens talked face-to-face with agency managers, voicing their concerns about the environ- ment and asking what is being done to correct the problems. This article addresses their major concerns and summarizes progress which has been made through the cooperative effort of government, industry, and citizens. Progress. Sometimes it is hard to recognize in the face of all we need to do. But IDEM and EPA are making progress toward restoring and protecting the environment of Northwest Indiana. At the joint IDEM- EPA Northwest Indiana listen- ing session, many citizens requested improved enforce- ment, better public access and communication, and improved air quality. These goals have always been an integral part of both EPA and IDEM's missions. As we continue to work aggres- sively to meet those goals, both agencies can report significant achievements to date. Enforcement IDEM has formed a new enforcement team to concen- trate on the" worst and most frequent offenders in North- west Indiana. The state also has streamlined its enforcement process, achieving a 135 percent increase in the total fines assessed from 1991 to 1992. In addition, a full-time hazardous waste inspector has - continued on page 2 TABLE OF CONTENTS Trail Creek Planning 4 Communications Coordinator ...4 Calendar Grand Cal Toxins. Water Quality Action Plans 6 States/Indians Water Guide 7 Public Involvement Plan 8 Letter from EPA Regional Administrator; IDEM Commissioner Dear Concerned Citizen, On March 25,1993, senior staff from the U.S. Environmen- tal Protection Agency and the Indiana Department of Environ- mental Management held a joint "listening session" at the Marquette Park Pavilion in Gary to hear the concerns of North- west Indiana residents. We heard about things we are doing right: our joint Federal/ State Action Plan for Northwest Indiana, the Grand Cal Reme- dial Action Plan, implementation of the Clean Air Act, stringent water quality standards, plans for Trail Creek Watershed, and enforcement actions aimed at cleaning up many historic sedi- ment problems. We also heard the frustration and anger of citizens who deal with Northwest Indiana's pollution problems every day. They asked, "Who is going to take care of us?" and "How could we let this happen?" They said, "Do something," We heard those comments, and we are responding to them. This issue of Northwest News explains what we have already done, and outlines our plans to continue addressing the concerns of all Northwest Indiana residents. EPA and IDEM recognize we have a long way to go to reverse 100 years of - continued on page 5 ------- Listening Session (cont'd) ''been added to IDEM's North- west Office, fulfilling a request by a number of citizens. EPA, through multi-media enforce- ment actions against several NW Indiana industries, has levied approximately $120 million in penalties. A major- ity of these funds will stay in Northwest Indiana to restore the Grand Calumet River and improve facilities. J-Pit Victory. On May 3, the Indiana Court of Appeals ruled that Lake County landfill setback requirements apply to the J-Pit in Gary, thus prevent- ing Waste Management Inc. from turning the J-Pit into a solid waste landfill. The ruling overturned a lower court decision in favor of Waste Management. "This is something we thought was worth fighting for and that's why we took it to the higher courts," said IDEM Commis- sioner Kathy Prosser. H & H Clean-up. IDEM and EPA worked together to Reflections on -- Listening Session "The opportunity to interface with agencies and concerned citizens was unique." - from "Listening Session" evaluation jointly develop a cleanup strategy for H & H Enterprises in Gary, an open dump contain- ing significant amounts of hazardous materials. The site, the subject of IDEM enforce- ment actions since 1992, became a critical problem when the state and EPA found haz- ardous materials there when responding to a fire. IDEM and EPA, assisted by the Gary Fire Department, agreed to inject the material with deter- gent to quench smoldering fires of the "auto fluff material disposed there. The material currently is being solidified by mixing it with concrete. Rep. Pete Visclosky, D- Ind., has asked Congress for a special appropriation to cover the solidification and disposal costs. Criminal charges have been filed against the owners of the dump, based on evidence gathered by IDEM investiga- tors. Public Access and Communication Both EPA and IDEM are working to improve public access and communication with the residents of Northwest Indiana. In addition to the many public meetings the agencies host there, IDEM's Commissioner has begun regular visits to Northwest Indiana to meet with small groups of citizens. Permitting. Access to IDEM's permitting process is critical to an informed citi- zenry. Permit applications in Lake, Porter and LaPorte counties are now posted in IDEM's Gary office. In addi- tion, a new state law requires businesses to notify adjacent landowners or occupants within 10 days of filing a permit application. This allows neighbors of a proposed pollu- tion source to comment on the permit application sooner. IDEM staff carefully considers all citizen comments received. Citizens may also request a public hearing. Their com- ments and IDEM staff analyses are used to modify or reject proposals in the company's application. Public Records. IDEM is improving access to its records by making copies available in its Northwest Office to any citizen upon request. All emergency response actions which affect Northwest Indiana are posted in the Gary office. IDEM's Office of External Affairs also has assembled a guide to the agency's public Reflections on Listening Sess "The casual atmosphere allowec for open and in depth conversa- tion on specific issues." - Paul Labus, Whiting, IN file rooms in Indianapolis so citizens can easily find infor- mation. This guide is available from Pat Morrison, IDEM Office of External Affairs, 317/ 232-8560. Air Quality Improving the air quality in Northwest Indiana is both a state and federal priority. Indiana has made substantial progress toward implementing the requirements of the 1990 Clean Air Act Amendments on both industries and individuals. Reflections on - Listening Sesi "...such an event and the partici pation of your senior staff must signal to them [the communities your commitment to give due consideration to their issues." --J.G. Murphy, Manager, Environme Control, Amoco Oil IDEM has established a special committee in Northwest Indi- ana to advise the agency on Clean Air Act issues. Although some restrictions will affect the entire state, the strictest stan- - continued on page 3 ------- EPA Regional Administrator Valdas Adamkus (J.) listens intently as a local citizen expresses her concerns about environmental issues at the March 25th "Listening Session." dards will be imposed in Lake and Porter counties because of the air quality problems in the Tri-State area that includes the Chicago metropolitan area. Business and Industry Requirements. Lake and Porter County industries that build new facilities or modify exist- ing facilities, resulting in additional air pollutants, will be required to make allowances for the new emissions by reducing emissions elsewhere. The reductions must exceed the amount of new emissions, thereby decreasing overall area air pollutants. All businesses holding air permits will be required to meet reasonable control tech- nology requirements. They also will have to submit annual emissions statements (available to the public) to allow the state to track progress toward clean air goals. Gasoline station owners will be required to install recovery devices to capture vapors released when automobiles are refueled. In addition, EPA and IDEM, in cooperation with other Great Lakes states, are applying a state-of-the-art photochemical model to deter- mine what further control measures will be needed to reduce ozone-forming emis- sions in the entire Chicago metropolitan area, including Northwest Indiana. IDEM's new Lake County plan for reducing paniculate matter (PM-10) will be aggressively implemented during the next 18 months. These comprehensive, innovative standards should noticeably improve air quality in the area. Even with these various air quality programs in place, further improvements are needed and IDEM will con- tinue working to improve Northwest Indiana's air. Ground Water EPA and IDEM are tack- ling ground water problems in NW Indiana, particularly in the area adjacent to the Lake George Branch of the Indiana Harbor Canal. We are working with area industries to voluntar- ily clean up ground water and EPA is completing a study that identifies groundwater wells and potentially contaminated areas throughout NW Indiana. Other Requirements The Clean Air Act Amend- ments also will place new requirements on individuals in order to achieve reduction in ozone levels in Lake and Porter counties. In those counties, for example, motor vehicles need an enhanced inspection and maintenance program every other year. The required testing will be conducted at more sites than before, and continue to be done at no cost to the vehicle owner. How- ever, it may cost more to bring the vehicle into compliance with emission standards. Large employers in Lake and Porter counties must also develop plans to encourage carpooling and the use of public transportation, work-at- home programs, and other options for reducing single- occupancy vehicle commuting to the workplace. The goal is to reduce traffic to the work- place by 25 percent, thereby reducing ozone levels. If Indiana fails to imple- ment these programs, it could lose millions of dollars in federal highway funds. Future Plans This article outlines just some of the recent steps both IDEM and EPA have taken to protect and improve the envi- ronment in Northwest Indiana. Our comprehensive set of plans include much more. They are available through IDEM offices for public review and com- ment. Three of those plans which were addressed at the listening session are the Northwest Indiana Action Plan, a joint EPA-IDEM project that mar- shals both federal and state resources; IDEM's "Strategic Course for Indiana's Environ- ment," a goal-setting document that establishes Northwest Indiana as an agency priority; and the Remedial Action Plan (RAP) for the Northwest Indiana Area of Concern. At the Northwest Indiana listening session, we heard again the importance of main- taining a dialogue with citizens in Northwest Indiana. We also were reminded that the vast environmental challenges of the region defy any short-term solutions. Both agencies are committed to daily attention and progress on the problems in Northwest Indiana. ------- Pictured above measuring streambank erosion at Trail Creek are (l.tor.) Steve Davis, Lake Michigan specialist with Indiana Department of Natural Resources; Christine Keil and Bob Cole, county surveyor's office; and Janellen McCoy, Northwestern Indiana Regional Planning Commission. TRAIL CREEK WATER QUALITY IMPROVEMENT PLANS ON TAP The Indiana Department of Environmental Management is working with Michigan City Mayor Robert Behler, LaPorte County leaders, and other state agencies to improve water quality at Trail Creek in Michi- gan City. Through a unique project supported by EPA, IDEM has joined businesses and environ- mentalists with city, county and state officials to take a compre- hensive look at the 59 -square- mile Trail Creek watershed. The project will develop a watershed management plan to reduce erosion, metals, toxins, and sediments in and along Trail Creek. The Northwestern Indiana Regional Planning Commis- sion, under a contract with IDEM, will review previous studies of Trail Creek and develop plans to identify, control, and treat water quality problems. The project is being facilitated by John Ceperich, IDEM's Lakewide Manage- ment Plan coordinator. "It's a more effective use of everyone's resources," said IDEM Northwest Office Direc- tor David Dabertin. "We can all join together and focus on a common goal: improving Trail Creek." Public comments are welcome on the Trail Creek project, which should be completed by Oct. 1. Contact John Ceperich or John Perrecone at the numbers listed below for more information. To submit comments or request more information contact... John Ceperich or Janice Melton at IDEM, 219/881-6712, or John Perrecone at EPA, 312/353-1149. For residents of Indiana, and Illinois, the Superfund hotline is 1-800-621-8431. NWIN Communications Coordinator Named John Perrecone, EPA Office of Public Affairs, has been named communications coordinator for EPA's geo- graphic initiatives projects, including Northwest Indiana. John's broad understanding of environmental issues will help him provide expert leader- ship for the Northwest Indiana project. Geographic initiatives such as the Northwest Indiana project are formed to imple- ment and coordinate multi- faceted environmental protec- tion programs over a broad geographic area. Besides Northwest Indiana (Lake and Porter counties), other initia- tives are underway in Southeast Michigan and the St.Louis/East St. Louis region. John has 13 years' experi- ence with EPA. During the past 10 years, he has developed and implemented community relations plans for more than 25 EPA Superfund sites in the Midwest. He has developed public education programs on risk communications for inter- nal and external conference sessions and has received three bronze medals from EPA for exemplary community relations work. An active participant in the field of environmental commu- nications, John is secretary and board member of the National Association of Professional Environmental Communica- tors. He is a graduate of Southern Illinois University in Carbondale with a degree in sociology, and the University of Houston where he received his M.A. in Urban and Re- gional Planning. John can be reached at the EPA office in Chicago. The address and telephone number are printed on the back page of this Newsletter. ------- SANITARY DISTRICTS, INDUSTRIES, AGREE TO REDUCE GRAND CALUMET RIVER TOXINS A toxic pollution prevention project spearheaded by IDEM and EPA will help provide long-term solutions to pollution problems in the Grand Calumet River. Through the project, which is part of the Remedial Action Plan for the Grand Calumet River, the East Chicago, Hammond and Gary sanitary districts will work cooperatively with industries and community participants to reduce the amount of toxins discharged into the river. A similar program in Mil- waukee has shown dramatic results, reducing the discharge of lead into Lake Michigan by 62 percent, copper by 61 per- cent, and nickel by 81 percent. "This voluntary project is needed to complement other remedial actions in Northwest Indiana," said Joseph D. Tho- mas, coordinator of IDEM's remedial action plan. Through permitting, IDEM limits the pollutants that can be discharged into the river by each sanitary district. Histori- cally, these districts have had difficulty complying with those limits. The three districts together serve about 120 indus- tries. When those industries do not properly treat their waste- water, toxins flow into the sewer and to the sanitary dis- tricts. The wastewater treat- ment plants are designed to remove wastes such as nutrients and suspended solids - not toxins. Consequently, the toxins can end up in the river or in the sludge produced during wastewater treatment. All three sanitary districts have agreed to join IDEM's toxic pollution prevention project to reduce the toxic waste discharged into their sewers. The sanitary districts will offer technical assistance and educational programs to their industrial customers. IDEM hopes the initiative will encourage industry to reduce toxic waste, improve treatment systems, and replace toxic substances with non-toxic alternatives. Public involvement is crucial in this project. Each of the sanitary districts will distribute regular, written progress reports to the commu- nity. Environmental groups have already been involved in guiding the initial process. For more information on this project, call Joseph D. Thomas at IDEM's Northwest Office, 219/881-6712. CALENDAR Mark your calendars for the following important dates: August 4 & 5 ; 9:00 a.m. Great Lakes Water Quality Guidance Public Hearing U. S. EPA Regional Offices 77 West Jackson, Chicago. 1- 800-621-8431 or 312/353-6218 August 19; 6:30 p.m. EPA's Great Lakes National Program Office presentation of Assessment, & Remediation of Contaminated Sediments C.A.R.E. Committee Meeting. Gibson Woods Nature Preserve 6201 Parrish Ave., Hammond, IN. Contact Phil Hoffman at 312/886-7478. AdamkuslProsser letter - cont'dfrom p. 1 degradation of Northwest Indiana's environment. We must use many different tools: public education, enforcement, technology transfer, and public/ private partnerships, to name just a few. None of these tools alone can do the job, and no one government agency or group of people can unilaterally meet the environmental challenges facing Northwest Indiana. But by working together with area residents, industry, and envi- ronmental groups, EPA and IDEM are focusing their energies and beginning to resolve the region's problems. As part of that partnership, IDEM and EPA will be re- evaluating their Northwest Indiana Action Plan and Public Involvement Plan later this year. Since we began this initia- tive, we have learned to coop- erate and communicate better with concerned citizens like you. To succeed, we must continue improving our work- ing relationship with the public, local governments, and the many environmental groups in Northwest Indiana. As we search for ways to make our programs more accessible and accountable to the public, please let us know how we are doing. Give us your suggestions on the plans outlined in this newsletter. We need your thoughts and your help to protect the environment and serve you. Valdas V. Adamkus-E/M Regional Administrator Kathy Prosser-/DŁM Commissioner ------- GREAT LAKES WATER QUALITY AGREEMENT SPAWNS VARIOUS ACTION PLANS In 1987, the United States and Canada renegotiated the Great Lakes Water Quality Agreement which describes the duties and responsibilities the two countries share to protect the five Great Lakes. Con- tained within this agreement are the requirements that detailed plans be developed for the most seriously polluted areas around the lakes and for protecting and rehabilitating the open waters of each of die five lakes. RAP Development The first requirement is for the development of Remedial Action Plans, or "RAPs," for the most seriously polluted places or Areas of Concern (AOCs). Ofthe43AOCs around the five lakes, 31 are within the United States. One of them is the Grand Calumet River, Indiana Harbor Canal for implementation. In the United States, the individual states are responsible for developing the RAPs. LaMP Development A Lakewide Management Plan, or "LaMP," is a plan for the open waters of an entire Great Lake. LaMPs, also required by the Great Lakes Water Quality Agreement, are essentially a "pollutant-load- ing" budget for a lake. Pollut- ant loads are assessed and the amounts entering, leaving and staying in a lake are estimated. One of the most important functions of a LaMP is to identify the critical pollutants affecting a lake those pollut- ants causing the most serious harm to a lake's ecosystem. These are the pollutants which, for example, necessitate the fish consumption advisories maintained by the four states Acronyms Used in Water Quality Agreement RAP Remedial Action Plan: a three-phased approach to identify, select, and implement restoration measures in an Area of Concern. AOCs Areas of Concern: areas along the Great Lakes with the most serious pollution problems, as identified by the International Joint Commission. LaMP Lakewide Management Plan: an ecosystem-wide appoach for protecting the open waters of a Great Lake by identifying critical pollutants and developing methods for controlling them. and Nearshore of Lake Michi- gan AOC in Northwest Indiana. The concept behind the development of a RAP is straightforward it is a blue- print for restoring the benefits of a body of water. A RAP also identifies what steps need to be taken, when these steps will be taken and who is responsible surrounding Lake Michigan. The ultimate goal of a LaMP is to identify the critical pollut- ants, their concentration, their sources, and to develop ways to control them. In 1990, EPA and IDEM began a strategy to assist in the implementation of the RAP and LaMP. This strategy, called the Northwest Indiana Action Plan, was not required by the Great Lakes Water Quality Agreement but was an out- growth of the need for EPA and IDEM to work closely on pollution problems in the area. Northwest Indiana was chosen by EPA when a May 1991 comparative risk study showed that risk to human health and the environment was more significant in this area than other areas within the Great Lakes Basin. Action Plan Goals The Action Plan, which will be revised later this year, set out a series of goals to reduce risks to human health and the environment. The original goals were to: remediate contaminated sediments in the Grand Calumet River and the Indiana Harbor Ship Canal; ensure compliance with all applicable federal and state environmental laws; address the problem of the millions of gallons of petroleum product presently on top of the ground water; attain national air quality standards for paniculate matter and ozone; initiate a broad spectrum pollution prevention pro- gram with the local indus- tries and municipalities to voluntarily reduce toxic discharges; ensure an aggressive public outreach/public involve- ment program; and ensure that the state and federal governments fulfill their responsibilities under the Great Lakes Water Quality Agreement for the RAP and the LaMP. - continued on page 7 ------- The Action Plan, the RAP, and the Lake Michigan LaMP all share one goal - to improve the environment. The Grand Calumet River and the Indiana Harbor Ship Canal are cur- rently enormous sources of pollution to Lake Michigan. EPA estimates the following quantities of pollution from these sources now enter Lake Michigan: Ť one billion gallons per day of effluent from wastewa- ter treatment plants; 150,000 cubic yards per year of contaminated sediments; and millions of gallons of petroleum products, float- ing on top of the ground water in parts of Northwest Indiana, migrate to the River and Canal and can eventually enter Lake Michigan. To address these problems, the state is preparing the RAP which will serve as a blueprint for action to restore the benefi- cial uses of the Grand Calumet River and the Indiana Harbor Ship Canal. IDEM also is preparing the LaMP which addresses the critical pollutants that affect the open waters and the creatures that live or mi- grate there. EPA oversees and assists IDEM in both of these plans. EPA and IDEM are jointly implementing the Action Plan to address those known prob- lems, such as noncompliance with state and federal law, to provide a greater degree of attention and protection to the people of Northwest Indiana and to the millions of residents and visitors who depend on southern Lake Michigan for drinking water, for industry, and for recreation. GREAT LAKES STATES, INDIAN TRIBES DEVELOP WATER QUALITY GUIDE The Great Lakes is one of our most important natural resources. We depend on and use the Great Lakes for many aspects of life. They provide fresh drinking water, industries and jobs, including agriculture, fisheries, manufacturing and tourism; and beautiful shore- lines, parks and sanctuaries. Harmful pollutants that enter the Great Lakes remain there a long time. This is why we must protect this precious ecosystem from the toxic discharges that have plagued it in the past and continue to threaten it today. In cooperation with IDEM, the seven other Great Lakes states, and Indian Tribes sur- rounding the Lakes, EPA has developed the Water Quality Guidance for the Great Lakes System as a new approach to fighting water pollution. As part of the Great Lakes Water Quality Initiative, the proposed Guidance describes how the states and Indian Tribes will adopt consistent criteria and controls for toxic pollutants in their water quality standards. Specifically, the Water Quality Guidance proposes uniform human health criteria for 20 pollutants, aquatic life criteria for 16 pollutants and wildlife criteria for 4 pollut- ants. These will serve as the basis for limits on dischargers. The Guidance also includes an antidegradation provision. This means actions that lower, or degrade, the water quality throughout the Great Lakes Basin would be restricted. Also, it would require that any significant increase in a pollut- ant discharge to a waterway be shown to be necessary and have a social and economic benefit. On Saturday, June 26, the public, including representa- tives from industry and envi- ronmental groups, had a chance to ask questions and learn more about the proposed Guidance at a meeting held in the Miller section of Gary, Indiana. EPA is seeking public comment on the Guidance. Those interested are encour- aged to submit their written comments to Wendy Schumacher, U.S. EPA, 77 West Jackson (WQ-16J), Chicago, Illinois 60604. The public comment period ends September 13,1993. A public hearing will be held on August 4 and 5, 1993 at EPA's Regional office in Chicago. For more information on the hearing or to receive a summary of the Guidance, call Region 5's environmental hotline at (800) 621-8431. IMPORTANT PHONE NUMBERS 24-hour spill reporting 317/241-IDEM Hours for the following numbers: Monday-Friday 8:15 a.m.-4:45 p.m. Underground Storage Tanks 317/243-5110 SARA-Title III Reporting 317/243-5176 External Affairs, Media Inquiries 317/232-8560 IDEM Switchboard 317/232-8603 Northwest Indiana Environmental Crimes Hotline 219/881-6717 Other Environmental Concerns or Information Helpline 1-800-451-6027 ------- PUBLIC INPUT NEEDED FOR REVISED PLAN The Northwest Indiana Public Involvement Plan is being revised and we need your input. In December 1991, EPA and IDEM originally issued the Plan that has guided the agen- cies' public involvement activities for the past 20 months. The Plan is based on more than 30 community interviews. It describes 15 action items the agencies have undertaken to enhance and encourage public involvement in Northwest Indiana. Has it been successful? As you may expect, the results are mixed. Some residents say we need to better prepare the public for complex issues by calling for public comment. With this in mind, a contami- nated sediments workshop was held June 13, 1992 in anticipa- tion of the U.S. Army Corps of Engineers dredging proposal for the Indiana harbor. The workshop evaluations were favorable and those who at- tended said they had received valuable information about this issue. Unfortunately, the Corps did not issue the Environmental Impact Statement for the project. Weaknesses still exist in getting the public involved in enforcement cases and consent decrees. While agencies can increase the amount of infor- mation provided about these cases, public input is limited by legal constraints. Over the years we have learned that it is extremely difficult to enable true citizen participation for multi-faceted environmental programs, such as theNW_ Indiana Action Plan, in a large geographic area. After nearly two years' experience working with the original plan, it is clear that we need a revised plan one that can realistically address the needs and expectations of the citizens of Northwest Indiana. Although the agencies have essentially completed all 15 original aqtion items, the Plan still needs to be revised for a number of reasons. First, many people are unaware that a Northwest Indiana Action Plan and Public Involvement Plan even exist. Second, while the workshops have been somewhat success- ful, we still are not achieving a true dialogue with the commu- nity. Third, while the agencies, environmental groups, indus- tries and others have increased their coordination, much more needs to be done. This is the ideal time to present your ideas on the key environmental issues in Northwest Indiana and how you want to get involved in their resolution. EPA and IDEM will be revising the Plan later this year by conducting a number of environmental roundtables with a wide range of citizens. We want to move beyond finger- pointing and instead focus on where the public and the agencies are now and where we want to be. We want you to send ideas on how we can improve. Finally, we want to create a plan that can become a dialogue between the agencies and the public. EPA and IDEM want this Plan to succeed and we need your help to make it happen. Please forward your ideas and suggestions to John Perrecone, EPA, at the address indicated below. Northwest News is published quarterly by EPA Region 5 in cooperation with IDEM to enhance the dissemination of information about environmental issues in Northwest Indiana to residents and interested parties. Your comments, suggestions and questions are welcome. Please direct correspondence to John Perrecone (P-19J), Northwest News, EPA Region 5,77 W. Jackson Blvd., Chicago, IL 60604; 312/353-1149. 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