905R93012
Northwest Indiana/Southeast Cook County GEI
Environmental Progress 1988-92
A Report on Selected Environmental Indicators
GEI Task Force
USEPA, Region 5
15 July 1993
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 5
77 WEST JACKSON BOULEVARD
CHICAGO, IL 60604-3590
REPLY TO THE ATTENTION OF.
July 15, 1993 C-3T
To The Reader
I am pleased to announce the completion of the Northwest Indiana/Southeast Cook
County GEI Environmental Progress Report covering the period 1988 through 1992. The report
for the Geographic Enforcement Initiative charts the progress of selected environmental
indicators over a 5-year period.
I trust that you will find the report useful in identifying many aspects of the toxic
pollutant problem within the GEI area. Although the report does not provide an exhaustive
evaluation of specific pollutants, sources, or pathways, it nevertheless provides a good overview
of the situation, and should be useful in targeting further compliance and assessment activities.
If you have questions concerning the report or would like additional copies, please
contact Mr. Noel Kohl, Chairman, GEI Data Integration Subcommittee, at (312) 886-6224.
Bertram C. Frey, Chairman
NW Indiana/SE Cook Co. GEI Task Force
Printed on Recycled Paper
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Environmental Progress 1988-92:
A Report on Selected Environmental Indicators
Table of Contents
Page
1 Executive Summary 3
2 Background
Introduction 6
History of Geographic Enforcement Initiatives 6
Description of the GEI Area 6
Uses of the Environmental Progress Report 8
3 Environmental Progress 1988-92
Environmental Indicators: General Discussion
Background 9
Pollutants of Concern (POC) in the GEI Area 9
Activity Measures 9
Indirect Environmental Indicators 13
Direct Environmental Indicators 13
Multi-Media Indicators: 1988-90
Numbers of Facilities Reporting POC Releases 14
Total Reported POC Releases and Trends 14
Water Medium Indicators: 1988-92
POC Releases to the Water Medium 24
Annual Removal of Contaminated Sediments 24
Index of Biotic Integrity - Measure of Biologic Health 24
Air Medium Indicators: 1988-90
Stationary Source POC Releases to the Air Medium 27
Fugitive POC Releases to the Air Medium 27
GEI Environmental Progress 1988-92
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Environmental Progress 1988-92:
A Report on Selected Environmental Indicators
Table of Contents - Continued
3 Environmental Progress 1988-92: Continued Page
Land Medium Indicators: 1988-92
POC Releases to the Land Medium 30
Reduction in Spill Impacts in the GEI Area 30
Removal and Remediation of Contaminated Soil 30
Enforcement Indicators: 1990-92
Compliance Inspections: Multi and Single Media 32
Enforcement Referrals: Multi and Single Media 33
Enforcement Settlements: Multi and Single Media 33
Value of Injunctive Relief and Supplemental 34
Environmental Projects
Administrative Enforcement Actions 34
4 Conclusions and Recommendations
Conclusions 35
Recommendations 36
GEI Environmental Progress 1988-92
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1 Executive Summary
Background
The following environmental progress report was developed for the Northwest
Indiana/Southeast Cook County Geographic Enforcement Initiative (GET) area by the
GEI Task Force. Progress is reported in terms of selected environmental indicators,
and covers the period of 1988 through 1992. In August 1992, the GEI Task Force
agreed upon the array of indicators set forth on page 9 of this report, infra. Divided
into three categories, the indicators measure: 1) activity levels and results for several
categories of enforcement and clean up actions, 2) reductions in loadings of selected
toxic substances to the environment as measured by Toxic Release Inventory (TRI)
data, an indirect environmental indicator, and 3) direct environmental improvements
or degradation in the Grand Calumet River as measured by the Index of Biotic
Integrity (IBI). Each direct or indirect environmental indicator is related to several
pollutants of concern (POCs) that have been identified either as national problems, or
persistent localized problems. The indicators reflect a multi-media perspective, and
may not be the most appropriate measures of single medium progress. In addition,
due to time and resource limitations, the report does not provide an exhaustive
analysis of these pollutants. Nevertheless, the report does provide a general sense for
pollutant levels, sources, and trends.
Activity Measures
This report addresses six activity measures ranging from numbers of inspections per
year, to numbers of spill responses per year. Although benchmarks are generally not
available against which progress could be gauged, the indicators appear reflective of
an aggressive enforcement program. As further experience is available for other
geographic enforcement initiatives, additional interpretation of the NW Indiana/SE
Cook Co. results may be accomplished.
Especially since Fall 1990, the Region has achieved a number of impressive
enforcement settlements in Northwest Indiana. Major, precedential consent decrees
have been achieved to remedy longstanding violations at Inland Steel's East Chicago
facility, USX's Gary Works and the City of Gary's sewage treatment facility and to
clean up MIDCO I and II Superfund sites. The Region has also concluded a number
of smaller, but important, civil judicial and administrative settlements with Bethlehem
Steel (under the air program), Federated Metals, LTV and others.
GEI Environmental Progress 1988-92
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Indirect Environmental Indicators
All of the indirect indicators are pollutant load related. Almost without exception, the
toxic chemical releases reflected in the 33/50 program declined substantially, showing
a 26% overall reduction since the 1988 base year. This reduction may be attributable
to a number of factors including more accurate reporting of data, increased public
awareness, voluntary reductions, changing economic conditions, pollution prevention
initiatives, and aggressive enforcement practices.
Direct Environmental Indicators
As improvements are reflected in the indirect indicators, the results should begin to
show up via improvements in the direct indicators. At this time, the number of direct
indicators that have been reliably tested and generally accepted are few but should
increase as the Agency gains experience, particularly through the Environmental
Monitoring and Assessment Program (EMAP). The only direct indicator reported in
this document was the Index of Biotic Integrity which has been widely used in the
Midwest and other locations for classifying the general well being of aquatic
ecosystems. The results reported in Section 3.3 are consistent with a number of
historical observations and reflect very stressed conditions in the East Branch of the
Grand Calument River and the Indiana Harbor and Ship Canal. It is not likely that
the biology will improve until significant quantities of contaminated sediment are
removed from these waterways.
Recommendations
The GEI Task Force should focus more attention on developing and bringing
enforcement actions in the Illinois portion of the initiative area. Although the pattern,
distribution and mix of enforcement actions within the GEI area was not explicitly
reflected in any of the reported measures and indicators, it is recommended that mis
aspect be examined in future progress reports.
Continued emphasis needs to be placed on the 33/50 program within the GEI area.
Although the area is making good progress toward achieving the 33% reduction goal,
achieving the 50% reduction goal may require greater pollution prevention initiatives
than have been undertaken by EPA and the concerned States.
The GEI Task Force needs to follow the progress of the Corps of Engineers dredging
project. Creative solutions, including enforcement settlements, for siting, financing,
building, and maintaining a combined disposal facility for dredged spoil from the
Grand Calumet River bottom must be pursued. Improving sediment quality is a key
link in overall water quality for the Indiana portion of the GEI area.
GEI Environmental Progress 1988-92
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The GEI Task Force should evaluate the enforcement targeting software developed by
Region 10 and consider a pilot project employing the software. Results should be
addressed in the next progress report.
The next GEI progress report should also include equity indicators. Based on a
review of work by other EPA Regions, at least two equity indicators are proposed.
One would map the percent of minority population vs. an indirect pollutant exposure
parameter such as TRI releases. The other would map the location of low income
and poverty households vs. the location of remediation projects. Each type of
indicator would be evaluated out to a distance of about one mile from the pollutant
source or remediation project.
GEI Environmental Progress 1988-92
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2 Background
2.1 Introduction
The purpose of this document is to report on environmental progress within the
Northwest Indiana/Southeast Cook County Geographic Enforcement Initiative (GEI)
area. Progress is reported in terms of selected environmental indicators (see
discussion under Section 3.1.1 below), and covers the period of 1988 through 1992.
This report is not an exhaustive evaluation of all available environmental data for the
area, but an attempt to identify selected pollutants of concern (POC), track the POC
releases over time, and display these data along side inspection and compliance
activity information within the geographic area.
2.2 History of Geographic Enforcement Initiatives
Pilot Geographic Enforcement Initiatives were established in all ten EPA regions in
the Spring of 1990 as part of a National initiative to enhance enforcement actions and
gain environmental benefits. This was to be accomplished through a multi-media
planning and implementation effort that spans all of the key environmental programs
for air, land and water. Region 5's participation began with the formation of the
Northwest Indiana/Southeast Cook County GEI Task Force, which met initially on
May 23, 1990. The Task Force subsequently established three subcommittees: a
Multi-Media Litigation Screening Subcommittee, a Multi-Media Inspection
Subcommittee and a Data Integration Subcommittee. This report documents much of
the work accomplished by the GEI Task Force, in cooperation with the program
offices.
Three additional geographic initiatives have recently been planned or undertaken.
These include the Southeast Michigan Initiative (SEMI), the East St. Louis
Geographic Initiative, and the Tri-State Geographic Enforcement Initiative. The latter
initiative is a cooperative effort with Region 4. Both SEMI and the East St. Louis
initiatives will have an enforcement component.
2.3 Description of the GEI Area
A map of the GEI area is shown in Figure 2.1. The area includes Lake and Porter
Counties in Indiana and the southeast portion of Cook County in Illinois. It
encompasses 99 zip code areas. Figure 2.1 is a map of the zip codes within the GEI
area. Region 5 selected the GEI area largely based on its reputation as having one of
the highest concentrations of known environmental problems within Region 5.
GEI Environmental Progress 1988-92
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2.4 Recommended Uses of the Environmental Progress Report
The Progress Report gives general background information on key pollutants of
concern in the GEI area, presents trends in pollutant releases, and details progress in
enforcement activities over the past several years. As EPA gains additional
experience with monitoring and reporting direct environmental indicators, future
Progress Reports will attempt to focus more on quality of life factors measuring
human and environmental health. We envison that future reports will include
measures of environmental equity, which has surfaced as an issue within the GEI
area, most notably the SE Cook County area.
The Progress Report is not intended to provide an exhaustive treatment of all
environmental conditions, data or trends because the focus of the report concerns
selected indicators suitable for multi-media evaluation. Individual medium (land, air,
water) reports should be researched for more detailed information as required.
GEI Environmental Progress 1988-92
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3.1 Environmental Indicators: General Discussion
3.1.1 Background.
The history of environmental indicators in EPA reaches back to the mid-1970s,
when Agency staff periodically attempted to shift away from relying primarily
on administrative measures of environmental success toward more direct
measures of environmental quality. Momentum for the shift picked up
considerably when William Reilly began his Strategic Planning Initiative in
1989. He called for measuring environmental progress in terms environmental
indicators. The relationship of new indicators with the previous "activity
measures" is described Figure 3.1 below.
Pollutants of Concern (POC) in the GEI Area.
Pollutants of concern receive special emphasis in this report because of
historical problems caused by the POCs in the GEI area, or because the
pollutant has been identified as national problem. The GEI Task Force agreed
in September 1992 that the toxic pollutants addressed under EPA's 33/50
Pollution Prevention Program should be addressed in the Progress Report.
The 33/50 program has the objective of voluntarily reducing the 33/50 targeted
chemicals by 33% by 1992 and 50% by 1995, computed from 1988 release
levels. The other basis for designating the pollutant as a POC was the
historical problems affecting Lake Michigan. For a number of years, the
Great Lakes National Program Office has published a list of Critical Pollutants
affecting the Great Lakes. The 1993 Great Lakes Action Plan identifies 16
chemicals, or families of chemicals, that are critical in the Lake Michigan
basin. Table 3.1.1 identifies these pollutants along with the "17 plus 1" 33/50
chemicals. The "plus 1" is in reference to Dioxin, which was added to the list
and then subsequently deleted. The number of chemicals listed in Table 3.1.1
may exceed the numerical number referenced above. This occurs because
"compounds" of the pollutants of concern are listed in addition to the basic
elemental chemical. This assures complete reporting for the POC.
Activity Measures.
As suggested above, activity measures represent administrative activities
undertaken by EPA or the States that are necessary to eventually achieve
reductions in the POCs. Since they are not direct measures of pollutant
concentrations or measures of the effects of pollutants, they are not considered
to be environmental indicators. Nevertheless, they represent important
activities that guage program initiatives. Table 3.1.2 lists six activity measures
that are addressed in the balance of this report.
GEI Environmental Progress 1988-92
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Pollutants of Concern in the GEI Area
Table 3.1.1
*
Pollutants of Concern (POC) in the GEI Area constitute the "17 plus 1" 33/50 chemicals
and the Lake Michigan Critical Pollutants of Concern. (See Below)
CAS NO CHEM NAME
000071556 1,1,1-TRICHOLORETHANE
001746016 2,3,7,8 TCDD DIOXIN
055722275 2,3,7,8 TCDF FURAN
000071432 BENZENE
000050328 BENZO (A) PYRENE (PAH)
007440439 CADMIUM
000056235 CARBON TETRACHLORID
000057749 CHLORDANE
000067663 CHLOROFORM
007440473 CHROMIUM
000020064 CHROMIUM COMPOUNDS
007440508 COPPER
000020086 COPPER COMPOUNDS
000020097 CYANIDE
003424826 DDE
000050293 DDT
000060571 DIELDRIN
000118741 HEXACHLOROBENZENE
007439921 LEAD
000020111 LEAD COMPOUNDS
007439976 MERCURY
000078933 METHYL ETHYL KETONE
000108101 METHYL ISOBUTL KETN
000075092 METHYLENE CHLORIDE '
007440020 NICKEL
001336363 POLYCHLOR BIPHENOLS
000127184 TETRACHLOROETHYLEN
000108883 TOLUENE
008001352 TOXAPHENE
000079016 TRICHLOROETHYLENE
001330207 XYLENES (MIXED ISO)
000020199 ZINC COMPOUNDS
33/50
CHEMICALS
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
LK MICH
PRIORITY
POLLUTANTS
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
11
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Environmental Indicators
NW Indiana/SE Cook County GEI Area
Table 3.1.2
1. The following suite of environmental indicators by category was approved for implementation
by the GEI Task Force on 8/27/92 . Reference to Pollutants of Concern (POC) mean the 33/50
chemicals and the Lake Michigan Pollutants of Concern.
Program
All
All
All
All
All
All
All
Air
Water
Water
Waste
RCRA
Waste
SF
Waste
SF
Waste
SF
Water
TSCA
Indicator
Category
Indirect
(Load)
Indirect
(Load)
Activity
Indicator
Activity
Indicator
Activity
Indicator
Indirect
(Load)
Activity
Indicator
Indirect
(Load)
Indirect
(Load)
Direct
(Eco)
Indirect
(Load)
Activity
Indicator
Activity
Indicator
Indirect
(Load)
Indirect
(Load)
Description of Indicator
Number of Facilities Reporting
POC Releases/yr
Total POC Releases All Media
in pounds/yr all sources
Numbers of Inspections
total/yr multi & single media
Numbers of Referrals
total/yr multi & single media
Numbers of Settlements
total/yr multi & single media
Pollutant Reductions which result from
Enforcement Settlements in pounds/yr
Cost (in dollars) of injunctive relief
and SEPs from Enforcement Agreements
or conclusions
POC Releases to Air Media
in pounds/yr all sources
POC Releases to Water Media
in pounds/yr all sources
Index of Biotic Integrity
as IBI score by sampling loc.
POC Releases to Land Media
in pounds/yr all sources
Reduction in Immediate Threats
in # spill responses/yr
Removal & Remedial Actions
in # sites progressing/yr
Materials Addressed by Tech
Based Controls in cu yds/yr
Volume of Contaminated Sediment
Removed in cu yds/yr
Data
Source
TRI
TRI
GEITF
Programs
GEI TF
Programs
GEITF
ORC
GEI TF
ORC
GEI TF
ORC
Programs
TRI
TRI
R5
Reports
TRI
WASTLN
WASTLN
WASTLN
IPPTF
PTSB
12
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Indirect Environmental Indicators
Indirect Environmental Indicators represent a step closer in measuring
indicators of actual human or ecological health. Indirect indicators seek to
measure factors which relate to pollutant loads or concentrations. The level of
attainment of environmental standards falls within this category of indicators.
Table 3.1.2 lists eight indirect environmental indicators that are discussed
below.
Direct Environmental Indicators
Direct environmental indicators represent measures of human or ecological
health. Ultimately, environmental protection efforts are designed to improve
human and ecological health, and minimize or eliminate risks to the health of
these communities. A major problem with direct indicators is that the end
effect (community health) is often a function of many complex social and
environmental factors in addition to pollution levels. For instance, a
community may present a picture of poor health due in part to widespread
economic problems. It is therefore very difficult to isolate extact relationships
in a cause and effect fashion. Nevertheless, measuring direct environmental
indicators is a goal that pollution control agencies should strive to accomplish.
This report provides data for an excellent direct environmental indicator
termed the Index of Biotic Integrity (see section 3.3.3 below).
GEI Environmental Progress 1988-92 13
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3.2 Multi-Media Indicators: 1988-90
3.2.1 Numbers of Facilities Reporting POC Releases
Figure 3.2.1 describes the total number of facilities reporting releases of POCs
from 1988 through 1990. The source of the data is the Toxic Release
Inventory System, maintained by the Office of Pollution Prevention and Toxics
(OPPT). The data was obtained from the system in June 1992. Pulls obtained
at other times may display slight differences because OPPT updates the TRI
database as corrections are needed. The 1990 data was the most current TRI
information available at the time this report was assembled. In general, there
was little change in the number of facilities reporting POC releases, which
remained relatively constant at about 150 facilities for each of the reporting
years. It is important to note that the 150 facilities referenced are only about
one-tenth of the total number of facilities in the GEI area that report a release
of TRI chemicals. The reason for the large difference is that the POCs
covered in this report consist of only 29 compounds and substances out of a
total of over 200 reportable substances under the Toxic Release Inventory
program.
The location of the reporting facilities is presented in Figure 3.2.2. While the
bulk of facilities are located in SE Cook County, NW Indiana contains more of
the larger facilities, particularly steel mills which are major sources of POCs.
3.2.2 Total Reported POC Releases and Trends
Figure 3.2.3 describes the total reported POC releases from 1988 through
1990. The term 'Priority Pollutant' as used in the chart is synonymous with
'Pollutant of Concern'. Upon examining the data, a steady downward trend is
readily apparent. The 1990 value at 29.7 million pounds represents a 26%
reduction from the 1988 value of 40.28 million pounds released. This is well
on the road to meeting the 33% interim target for 33/50 pollutants projected
for 1992.
Figures 3.2.4-A and 3.2.4-B break the total reported POC releases into its
component parts. While the figures display release data for most of the POCs,
there are no data for several POCs such as chlordane, DDT, dieldrin, and
toxaphene which are restricted pesticides that are no longer in general use.
These pollutants often impair sediment quality.
Figure 3.2.5 presents some insight concerning sources of POC releases by
displaying the top 15 priority pollutant releasers based on 1990 TRI data.
Inland Steel in Indiana tops the list by contributing one third of the total of
29.7 million pounds released in 1990.
GEI Environmental Progress 1988-92 14
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In describing release categories of the priority pollutants, Figure 3.2.6
provides a bar chart showing the amount by general releases by major
category. The largest category is 'Off Site Releases' which means that these
POCs were transferred to another responsibile party, such as waste-haulers,
for ultimate release at a site different from the reporting facility's location.
'Fugitive Air Release' is the second largest category and represents estimates
of POC releases to the atmosphere from evaporation, volatilazation, or wind
action at a reporting facility. Other air releases include those from stack or
stationary sources. The releases to Water Media, including POTWs, direct
water discharge, or underground injection, are very small priority pollutant
contributors in this area.
Mapping of the POCs by release category is accomplished in Figure 3.2.7,
which shows total release data aggregated to the zip code level. The map
suggests that POC releases to the water medium are not as major as other
media releases. It is important to note the pollutants of concern in SE Cook
Co./NW Indiana area represent only a subset of the total pollutants released in
the area. For instance, POTWs are large sources of ammonia, which is
classified as a toxic substance, but is omitted from the list of POCs described
in Table 3.1.1 above.
GEI Environmental Progress 1988-92 21
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3.3 Water Medium Indicators: 1988-92
3.3.1 POC Releases to the Water Medium. POCs releases to the Water
medium are shown in Figure 3.3.1. The figure displays releases directly to
waterways, releases to publicly owned treatment works (POTWs) and
underground injection releases. The trend in water releases follows the overall
downward trend displayed for total releases.
3.3.2 Annual Removal of Contaminated Sediments. Contaminated sediments
is a serious problem in the Grand Calument River and the Indiana Harbor and
Ship Canal. The Corps of Engineers plans to dredge portions of these
waterways as soon as a confined disposal faciltiy is constructed. In 1992, only
a few cubic yards of contaminated sediment were removed. Ultimately,
several thousand cubic yards will be removed.
3.3.3 Index of Biotic Integrity as a Measure of Biologic Health (Karr et. al.,
1986). This indicator is based on numbers and diversity of the fish
community. It was developed several years ago by Dr. J. R. Karr and
associates, and has been used by a number of State agencies, universities and
USEPA. Figure 3.3.2 shows the results of applying the index to the Grand
Calumet River based on sampling from 1985 through 1990. The results are
not encouraging, and suggest no significant improvement over time. The
waterway displays poor biotic integrity, probably due in large part to
continuing poor sediment quality.
GEI Environmental Progress 1988-92 24
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26
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3.4 Air Medium Indicators: 1988-90
3.4.1 Stationary Source POC Releases to the Air Medium. Stack air releases
are shown in Figure 3.4.1. The reported releases show an increase in 1989
and then a significant decline in 1990.
3.4.2 Fugitive POC Releases to the Air Medium. Fugitive air releases are
summarized in Figure 3.4.2. The trend shows a modest delince from 1988 to
1989 with no significant change between 1989 and 1990.
GEI Environmental Progress 1988-92 27
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29
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3.5 Land Medium Indicators: 1988-92
3.5.1 POC Releases to the Land Medium. Figure 3.5.1 shows a modest
decline in TRI releases to land from 1988 to 1989. This decline is similar to
trends displayed in the other media.
3.5.2 Reduction in Spill Impacts in the GEI Area. Information provided by
Region 5's Emergency Response Branch indicates that five spill responses
were conducted in the GEI area in FY 1991 and six spill responses were
conducted in FY 1992. Several of these spills required follow up removal
actions.
3.5.3 Removal and Remediation of Contaminated Soil. The Region 5
Superfund Program reports four sites in the area that are currently on the
National Priority List (Midco I, Midco II, 9th Ave Dump, and Lake Sandy
Jo). A fifth site, USS Lead, was added in February 1992 as a proposed NPL
project. Removal of waste and contaminated soil has been active at the four
original sites. Two of these sites, Midco I & n, have partially achieved their
remediation goals, but none of the sites has totally achieved remediation goals.
GEI Environmental Progress 1988-92 30
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31
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3.6 Enforcement Indicators: 1990-92
3.6.1 Compliance Inspections: Multi and Single Media. Table 3.6.1 below
summarizes a portion of the total number of compliance inspections conducted
by selected U.S. EPA offices over the 1990-92 period. It does not include
inspections by some Regional offices because the inspection data were not
organized along GEI boundaries, but rather along States or other political
subdivision boundaries. The table also omits the numerous inspections
conducted by the Illinois and Indiana State pollution control agencies. Their
data were not immediately available for this report.
Table 3.6.1
Federal Compliance Inspections: Multi and Single Media
Type of Inspection
Single Medium
CDO Inspections *
Spill Prevention
TSCA Enforcement
Undergrnd Tanks
Undergrnd Inject
Multi-Media
Total
FY1990
20
ND
100
- 3
12
3
138
FY1991
84
30
98
* 5
12
7
236
FY1992
46
6
29
8
19
4
113
* Note: CDO Inspections include single medium inspections for
Air, Water and Waste Management Programs.
GEI Environmental Progress 1988-92
32
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3.6.2 Enforcement Referrals: Multi and Single Media referrals in the GEI
area are reflected in Table 3.6.2. It should be noted that the level of effort in
securing a Mult-Media referral is often equivalent to 3-4 single media
referrals. The number of referrals appears to be on the rise as a result of an
expanded inspection program.
Table 3.6.2
Judicial Enforcement Referrals: Multi and Single Media
Type of Referral
Single Media
Multi-Media
Total
FY1990
3
2
5
FY1991
4
0
4
FY1992
9
1 *
10
* Level of effort equivalent to 4 single media referrals
3.6.3 Enforcement Settlements: Multi and Single Media. Table 3.6.3 below
documents judicial enforcement settlements in the area for FY 1991 through
FY 1992. Judicial enforcement settlements also display an upward trend
reflective of increased activity.
Table 3.6.3
Judicial Enforcement Settlements: Multi and Single Media
Type of Initiative
Single Media Consent Decree
Multi-Media Consent Decree
Total
FY1990
1
0
1
FY1991
4
0
4
FY1992
4
0
4
GEI Environmental Progress 1988-92
33
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3.6.4 Value of Injunctive Relief and Supplemental Environmental Projects
(SEP). The value of injunctive relief obtained from selected consent decrees is
highlighted in Table 3.6.4 below. The table incincludes only those consent
decrees which have been entered by the court and those final administrative
orders which have been filed during the time frame specified.
Table 3.6.4
Value of SEPs and Injunctive Relief - FY 92
Type of Final Action
Suppl Env Projects
Injunctive Relief
Total
No. Cases / $$ Value
3 Cases /$ 181,999
2 Cases / $27,072,000
5 Cases / $27,253,999
3.6.5 Administrative Actions. Administrative enforcement actions completed
within the GEI area in 1992 are summarized in Table 3.6.5. These actions
normally conclude with the issuance of an adminstrative order, penalty, or
other action short of the formal judicial process. Data prior to FY 1992 was
not geographically referenced and cannot be selected based upon the
boundaries of the GEI area. Therefore, data on administrative orders prior to
FY 1992 is not included.
Table 3.6.5
Administrative Enforcement Actions
FY19M
Program
RCRA
Clean Air Act
Clean Water Act
TSCA/EPCRA
FIFRA
Total
Number
2
2
7
6
2
19
GEI Environmental Progress 1988-92
34
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4 Conclusions and Recommendations
Activity Measures
Although activity measures do not directly reflect biological or ecological well
being, they are nevertheless important elements for measuring the success of
effective pollution control programs. This report addresses six activity
measures ranging from numbers of inspections per year to numbers of spill
responses per year. The report amply documents increased enforcement
activity undertaken in large part due to the work of the GEL As further
experience is available for other geographic enforcement initiatives, additional
analysis of the NW Indiana/SE Cook Co. results may be accomplished.
Indirect Environmental Indicators
All of the indirect indicators are pollutant load related. Almost without
exception, the toxic chemical releases reflected in the 33/50 program declined
substantially, showing a 26% overall reduction since the 1988 base year. This
is probably attributable to a number of factors, including more accurate
reporting, increased public awareness, voluntary reductions, pollution
prevention initiatives, and aggressive enforcement practices.
Direct Environmental Indicators
As discussed above, direct indicators are actual or estimated measures of
human or ecological health. As improvements are reflected in the indirect
indicators, the results of those improvements should begin to be reflected in
improvements as measured by the direct environmental indicators. At this
time, the number of direct indicators that have been reliably tested and
generally accepted are few but should increase as the Agency gains experience.
The only direct indicator reported in this document was the Index of Biotic
Integrity. The results reported in Section 3.3 above are consistent with a
number of historical observations and reflect very stressed conditions in the
East Branch Grand Calument River and the Indiana Harbor and Ship Canal. It
is not likely that the biology will improve until significant quantities of
contaminated sediment are removed from these waterways.
GEI Environmental Progress 1988-92 35
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Recommendations:
1. The Task Force should focus more attention on bringing enforcement
actions in Southeast Cook County, as almost all of the enforcement activities
to date have focused on Northwest Indiana. In particular, the GEI should
increasingly address violators of air and land pollution laws and regulations in
Southeast Cook County. Although the pattern, distribution and mix of
enforcement actions within the GEI area was not explicitly reflected in any of
the reported measures and indicators, it is recommended mat this aspect be
examined in future progress reports.
2. Continued emphasis needs to be placed on the 33/50 program within the
GEI area. Although the area is making good progress toward achieving the
33% reduction goal, achieving the 50% reduction goal may require greater
pollution prevention initiatives than have been undertaken by EPA and the
concerned States.
3. The GEI Task Force needs to help devise creative solutions, including
enforcement settlements, for the siting, financing, building, and maintenance
of a combined disposal facility for the dredge spill from the bottom of the
Grand Calumet River. Sediment quality is a key link in overall water quality
for the Indiana portion of the GEI area.
4. The GEI Task Force should evaluate enforcement targeting software
developed by Region 10 and consider a pilot project employing the software.
Results should be addressed in the next progress report.
5. The next GEI progress report should also include equity indicators. Based
on a review of work by other U.S. EPA Regions, at least two equity indicators
are proposed, one would map the percent of minority population vs. a
pollutant exposure parameter such as TRI releases. The other would map the
location of low income and poverty households vs. the location of remediation
projects. Each type of indicator could be evaluated out to a distance of about
one-mile from the pollutant source or remediation project.
GEI Environmental Progress 1986-92 36
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