U.S. Environmental
Protection Agency
Region 5
Indiana Department of
Environmental
Management
EPA905-R-96-013
August 1996
&EPA
Northwest Indiana
Environmental Initiative
Action Plan
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A Message from Valdas Adamkus and Michael O'Connor
Since 1992, the Indiana Department of Environmental Management (IDEM) and the
United States Environmental Protection Agency (U.S. EPA) have been joined together
in a geographic initiative to address the complex environmental challenges confronting
Northwest Indiana. During this time, we have strengthened and built upon our
partnership. We reassessed our strategies, conferred with the public, and have now
updated our original 1992 Northwest Indiana Initiative Action Plan (Action Plan).
This document is the result of much hard work between IDEM and U.S. EPA Region
5. It reflects the strategies that we, in concert with the public, agree to use in the
coming years to effect real environmental improvements, and to decrease
environmental risks that threaten the health and vitality of the community. The Action
Plan establishes land and groundwater remediation, sediments, pollution prevention, air
quality, the Remedial Action Plan, and compliance and enforcement, as areas of
priority focus for our joint actions.
This plan does not address all activities currently engaged in by both agencies, but
rather those that U.S. EPA and IDEM agree are conducive to collaboration or in need
of strong coordination to bring about long term restoration and environmental
protection, stronger communications, and more effective use of resources. It also does
not focus on the extensive environmental work being done by others outside the
Agencies. We recognize the valuable contributions made by local governments,
citizens, and industry, and believe that the partnerships already formed between these
groups and our agencies will continue to gain strenth and multiply.
As a result of public meetings held during the development of the Action Plan, we
expanded the initiative area to include portions of northern Porter and LaPorte
Counties, in addition to northern Lake County. We included non-traditional issues such
as sustainable development, which is the concept of doing economic development in an
environmentally sound way. Finally, this plan continues to emphasize public
involvement in developing a locally suitable and effective environmental approach for
the region. ,
Both IDEM and U.S. EPA have recognized the importance of focusing dedicated staff
on environmental issues in Northwest Indiana. In addition to work done by the
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Northwest Indiana Regional Office, several teams of IDEM staff focus on air, water,
non-point source reduction, natural resources, solid waste, sediments, and data
management issues in Northwest Indiana. In addition, U.S. EPA has recognized this
initiative by establishing a team, with a full time manager and members from each of
the Region's environmental programs. This team is charged with finding and
implementing environmental solutions for Northwest Indiana by involving the local
community as an integral element of those solutions.
Public involvement will be vital to the success of Action Plan implementation and
achieving environmental results in Northwest Indiana. Already, the work of
environmental groups, industry, and communities in the area, has made a significant
impact on environmental quality. Staff involved with these activities will identify,
pursue, and welcome opportunities for meaningful public involvement that actively
create a dialogue among all stakeholders. A recently conducted survey of community,
industrial, and environmental leaders regarding implementation of this plan is an
excellent starting point for enhancing public involvement. We want to make certain
that listening to and addressing the concerns of the public are an integral part of our
work.
Northwest Indiana offers tremendous challenges in environmental protection,
stewardship, and restoration. This Action Plan offers a framework for furthering our
progress hi meeting these challenges.
7/ y
Valdas V. Adamkus Michael O'Connor
Regional Administrator Commissioner
Region 5 IDEM
August, 1996
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Northwest Indiana Environmental Initiative
Action Plan
1. Background and Vision of the Northwest Indiana
Environmental Initiative
Northwest Indiana has suffered the effects of severe pollution through a century of
industrial activity. As a consequence, contamination threatens the health and vitality of
communities and surrounding ecosystems. The air quality of Lake and Porter counties
does not meet Federal standards. Five to ten million cubic yards of contaminated
sediments cover the bottom of the Grand Calumet River and Indiana Harbor Ship
Canal, of which 150,000 cubic yards enter Lake Michigan each year. Millions of
gallons of petroleum float atop the ground water in certain portions of Northern Lake
County. Hundreds of sites require clean up, including seven Superfund sites and
numerous leaking underground storage tank sites. The extent of these and other
environmental challenges require special governmental action. During the last several
years, EPA and IDEM have worked together to prevent further degradation and have
begun developing long term solutions to restore ecological balance in the region.
Starting with the 1992 Northwest Indiana Action Plan, EPA and IDEM joined in the
Northwest Indiana Environmental "Initiative," designed to direct significant federal and
state resources to the region. We have pursued certain short term strategies to relieve
immediate threats to the environment and provide the ground work for longer term,
more comprehensive solutions for the region. The heightened enforcement strategy of
EPA and IDEM sends an important signal to the affected communities that future
abuses will not be tolerated and past wrongs will be remediated.
With the current Northwest Indiana "Action Plan," we intend to continue our
geographic focus on Northwest Indiana. It reflects our agencies' continued
commitment to work cooperatively to address some of the most environmentally
challenging problems in the nation. Both agencies seek to clean up major waterways
and contaminated lands, reduce the use of toxic substances, restore and protect strained
ecosystems, and foster practices among industry and citizens that are sustainable for the
long term health of the environment and people of Northwest Indiana. To that end, we
have established a collaborative management arrangement involving teams from both
agencies to craft strategies and work with the community to achieve the objectives of
this Action Plan. By sharing information and strategically focusing our joint resources,
we can use the limited resources each have to maximize governmental efforts in the
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area. Together, U.S. EPA and IDEM have already enhanced our communications and
coordination in Northwest Indiana. Our evolving relationship allows us to continue
collaborative strategies, maximize our resources, and bring about better environmental
results for everyone in Northwest Indiana.
II. Major Environmental Goals and Key Principles of the Northwest
Indiana Environmental Initiative:
EPA and IDEM seek environmental restoration of the region and elimination of serious
environmental stresses now threatening Lake Michigan. Several strategies, many
initiated through the 1992 Northwest Indiana Action Plan, will be pursued under the
Action Plan, including: improving the area's air quality; cleaning up contaminated
sediments in the Indiana Harbor Ship Canal and Grand Calumet River; remediating and
restoring contaminated lands and ground water; using pollution prevention as a tool to
develop an overall environmental strategy with local industry and citizens; attaining
high compliance with state and federal environmental laws; and continuing to develop
and implement the Remedial Action Plan (RAP) for the Grand Calumet River, Indiana
Harbor Ship Canal and Nearshore Lake Michigan Area of Concern and the Lake
Michigan Lakewide Management Plan (LaMP).
Several key principles will guide our efforts. Success will be measured through:
•achieving tangible environmental improvements;
•developing creative solutions and non-traditional ways of
dealing with environmental problems that foster cooperation
among affected groups;
•closely coordinating strategies and action with other federal and
state agencies and local governments;
•encouraging involvement by affected groups such as industry,
environmental groups, and citizens; and
•using integrated, multi-media approaches consistent with long
term environmental goals.
The Initiative is based on a collaborative effort between EPA and IDEM. We have
agreed to work together, sharing resources and information, and engaging in informed
decision-making by involving all those who hold a stake in the process.
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III. Scope of the Northwest Indiana Environmental Initiative
This Initiative focuses on the most industrialized and developed portions of Northwest
Indiana. Its geographic boundary approximates a crescent along the
shore of Lake Michigan. In Lake County, the Action Plan addresses the area
north of Route 30; in Porter County, the area north of Route 30 west of Valparaiso
and north of Route 2 to the east of Valparaiso; and in LaPorte County, the area north
of Route 2.
This "Initiative" complements other major environmental planning efforts underway in
Northwest Indiana, though their geographic boundaries differ. The RAP, which is lead
by IDEM, designates the northern portion of Lake County as its area of concern. Both
the LaMP, which is lead by EPA, and the Coastal Zone Management Program
(CZMP), which is lead by DNR, address the drainage basin of Lake Michigan,
although the boundaries for the CZMP have not been finalized. A number of
watershed management planning efforts focus on drainage areas for specific
waterbodies, including the Trail Creek Watershed in LaPorte County and the
watersheds for George and Wolf Lakes in Hammond. IDEM's Northwest Regional
Office augments these planning processes, and supports traditional regulator activities
by providing services to the counties of Lake, Porter, and LaPorte.
The objectives of this Action Plan represent strategies that EPA and IDEM have
identified as critical to the long term restoration and protection of the region. NOTE:
SPECIFIC ACTIVITIES UNDER EACH OBJECTIVE DO NOT REPRESENT
ALL THE ACTIVITIES ENGAGED IN BY THE TWO AGENCIES, NOR DO
THE OBJECTIVES THEMSELVES INDICATE ALL MATTERS OF CONCERN.
RATHER, THEY REPRESENT THOSE ACTIVITIES THAT BOTH AGENCEES
HAVE AGREED ARE CONDUCIVE TO JOINT COLLABORATION OR IN
NEED OF STRONG COORDINATION TO SUPPORT LONG TERM
RESTORATION AND PROTECTION EFFORTS. Activities not jointly undertaken
by EPA and IDEM will still be coordinated through the Initiative and be consistent
with major Initiative strategies. The result of such cooperation will bring about
stronger communications, more effective use of resources, and a better environment.
FV. Relationship of the Northwest Indiana Action Plan with Other
Planning Processes
The effectiveness of this Action Plan depends greatly on maintaining close coordination
and frequent communications with other major planning processes underway in the
region. The activities under the Action Plan will further mutual goals shared by these
longer term planning processes, and augment ongoing regional regulatory activities
required by state and federal laws. Efforts will be made to strengthen communications
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and coordination among federal, state, and local units of government and agencies, as
well as with private groups working within Northwest Indiana. Such coordination will
ensure that the Initiative promotes broadly shared environmental priorities and the
cooperative use of government and private resources to address regional problems.
V. Public Involvement in the Northwest Indiana Environmental
Initiative
EPA and IDEM are committed to providing citizens of Northwest Indiana with
opportunities for input into the decision making process. We recognize that public
involvement is important to our success. Consequently, our process to revise
the 1992 Northwest Indiana Action Plan began with several "roundtable" meetings held
among agency representatives and community leaders in Northwest Indiana. The
comments of more than 60 individuals, representing industry, environmentalist, labor,
and local government, helped guide the preparation of this Action Plan. In addition,
the final draft of this Action Plan was widely circulated for public review and comment
before final adoption. Our Action Plan seeks to create wide spread understanding of
environmental challenges in Northwest Indiana and foster development of opportunities
for the public and industry to cooperatively address environmental problems. To
achieve this goal, IDEM and EPA will: (1) enhance public access to information
concerning environmental problems (including consent decrees, technical documents
and reports); (2) provide the public with opportunities for input and interaction; (3)
identify and communicate both challenges and milestones; and (4) maintain flexibility
to allow for implementation of new and different communication strategies to meet the
public's changing priorities and needs.
VI. Environmental Justice
Protecting the public health and the environment for everyone in Northwest Indiana is
central to our mission. Yet because of the level of past environmental degradation, the
historic concentration of industry in the region, the environmental issues presented by
industry located there, and the presence of ethnic and socio-economic minorities within
certain communities, the environmental challenges of Northwest Indiana raise unique
concerns. Although our geographic initiative has allowed us to focus resources and
efforts on Northwest Indiana, with this current Action Plan we have made emerging
environmental justice issues an important consideration for our agencies.
As society at large struggles with environmental justice concerns, EPA and IDEM are
focusing on this issue. We are committed to working with the public to develop a
mutual understanding of environmental justice and a direction for our work. By
involving minority communities in our outreach efforts and exploring ways that we can
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be responsive to their concerns, we will further our efforts to protect everyone in
Northwest Indiana, regardless of ethnic background or financial resources. As we
identify and define environmental justice issues, we will undertake appropriate
responses to them.
VII. Sustainable Development
In the December 1993 roundtable meetings, several commenters suggested that
"Sustainable Development" should be included in the Action Plan. EPA and IDEM
agree that the concept and practice of sustainable development should be one of the
guiding principles of how we accomplish our goals in Northwest Indiana. Indeed,
President Clinton, announcing his Executive Order creating the President's Council on
Sustainable Development, stated the following: "to grow the economy and preserve the
environment for our children and our children's children, bringing together some of the
most innovative people from business, from government, from the environmental
movement, the civil rights movement, and the labor movement...! am asking [the
Council] to find new ways to combine economic growth and environmental protection;
to promote our best interests in the world community; to bring our people together to
meet the needs of the present without jeopardizing the future."
But sustainable development as a global vision for the Northwest Indiana area is not so
clearly defined. EPA and IDEM recognize that the agencies need to begin working
with the communities of the area to come to some common understandings of what
sustainable development is, what the desired outcomes of work should be, who the
interested parties are, and what roles parties can and should play. The agencies will
work together with the public to open up avenues for dialogue on these issues. For
example, currently there is a significant movement toward redeveloping abandoned and
unused urban sites. EPA and IDEM both recognize the importance of this
"Brownfields" concept. EPA sees its role as one of removing impediments to
redeveloping these Brownfield sites, providing the market with clear signals of EPA's
interests, sharing information, and testing ideas. IDEM has an active role in cleaning
up these sites through various state programs including the state's Voluntary Clean Up
program. In addition, both agencies are engaged in transportation planning activities
aimed at promoting growth patterns consistent with our environmental goals. These
activities will be continued, and other activities will be explored, as we cooperate with
communities in Northwest Indiana in the development of a shared vision of sustainable
development for their region.
VIII. Implementation and Future Review of the NWIAP
The Action Plan, with its six major strategies - Air Quality, Compliance and
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Enforcement, Land and Ground Water Remediation, Pollution Prevention, Remedial
Action and Lakewide Management Plans, and Sediments - will be implemented jointly
by EPA and IDEM. This Action Plan is not inflexible. It will be assessed
continuously for progress by the agencies, and periodically reviewed by the public for
major shifts in strategies and changing environmental priorities. Joint agency
committees have been charged with implementation for strategies not already
coordinated and implemented through base program work. Our agencies will work
cooperatively with the public to ensure that the goals of this Initiative are achieved.
Indicators of progress based on tangible environmental improvements will be developed
and reported to the public. Our six strategies follow, with a brief explanation of our
goals and objectives and the major activities that will guide our efforts over the next
several years.
AIR QUALITY
Goal:
The air quality in Northwest Indiana will not interfere with the citizens' enjoyment of
their region or threaten their health.
Objective:
To improve the area's air quality by: ensuring compliance with the new Clean Air Act
Amendment requirements for the area; taking all steps needed to achieve and maintain
health-based air quality standards; involving the public and improving their awareness
of what we all can do to lessen air pollution; and initiating targeted efforts through
enforcement, rule development, and public awareness.
Definitions:
Criteria Pollutants: Pollutants identified in Title I of the Clean Air Act that include
carbon monoxide, lead, nitrogen oxides, ozone, paniculate matter, and sulfur dioxide.
VQC: Volatile organic compounds, active hi formation of ozone/smog.
PM-10: Fine paniculate matter (measured as PM-10).
Title III: Portion of Clean Ah* Act Amendments of 1990 that outlines hazardous air
pollutant control program.
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Title V: Portion of Clean Air Act Amendments of 1990 that outlines new state
operating permit program.
Background:
Lake County has the poorest overall air quality of any area within Indiana. Over the
years, portions of this county have not met state and federal health standards for most
'of the criteria air pollutants. The smog problem persists in Porter County and possibly
LaPorte County. Northwest Indiana, and Lake County in particular, also have high air
emissions of hazardous air pollutants.
EPA and IDEM have spent considerable time and effort developing new rules and
programs and enforcing existing laws to improve air quality in this region. These
efforts have resulted in substantial improvement in air quality, especially for particulate
matter, sulfur dioxide and carbon monoxide. However, problems still persist for ozone
and other hazardous air pollutants.
New control plans for particulate matter and sulfur dioxide have been established and
are being implemented. The State of Indiana is working with Illinois, Wisconsin, and
Michigan on a new smog/ozone control program aimed at eliminating the health threat
from ozone before 2007. IDEM is also launching the Title III (Air Toxics) program
that will lead to substantial reduction in emissions of hazardous air pollutants to reduce
risk to public health. EPA is participating in developing these new programs and in
guaranteeing their success.
Major Activities:
1. IDEM and EPA will develop a targeted compliance and enforcement strategy
aimed at addressing the area's major air quality problems (ozone, PM-10 and
toxic substance exposure). IDEM will work to reduce major nuisance problems
related to odor, dust, and other air quality problems.
2. IDEM will prepare a state wide air toxic substances control program with an
emphasis on activities in Northwest Indiana that will both evaluate the extent of
excessive risk and address major problems with rules, compliance and outreach
efforts. EPA will actively support IDEM through technical assistance and other
means. The state air toxic substances program will incorporate all mandatory
elements of the hazardous pollutant provisions of the Clean Air Act
Amendments.
3. IDEM will work with the Clean Air Act Advisory Council - Northwest Indiana
Committee to focus on their concerns relative to ah" quality in Northwest
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Indiana.
4. IDEM and EPA will continue to coordinate and cooperate in the Lake Michigan
Ozone Project, and develop control measures to reduce ozone and smog.
5. IDEM and EPA will continue to coordinate closely on all significant regulations
and programs required as part of the Clean Air Act Ozone State Implementation
Plan to assure that the state rules and programs meet the federal requirements
and to assure that EPA's review process supports the state's actions.
6. IDEM will collect and evaluate air quality monitoring data in the area to track
improvements, and will increase sampling for hazardous air pollutants as part of
the air toxic substances program.
7. IDEM and EPA will promote pollution prevention approaches during
compliance and enforcement activities, public outreach efforts and, whenever
practical, rulemaking.
8. IDEM will work to secure approval from EPA on the state's Fine Paniculate
Matter Implementation Plan and then closely coordinate state and federal
compliance activities in the area.
9. IDEM will pilot an odor control program for the area, working with EPA
wherever there is federal authority for effective air pollution reduction.
10. IDEM will implement an effective enhanced vehicle emission testing program
with assistance from EPA that will provide better service to the motorists and
more emission reductions.
11. IDEM will incorporate air quality consideration into transportation planning
decisions and identifying effective mobile source control measures.
12. IDEM will prioritize implementation of the Clean Air Act's new Title V
operating permits for major sources in Lake and Porter counties. IDEM's
Small Business and Technical Assistance Program will work to assure
compliance with Clean Ah- Act requirements for small businesses hi the area.
Opportunities for Public Involvement:
IDEM and EPA will meet regularly to discuss progress and coordination on joint
efforts in Northwest Indiana. The IDEM/EPA Northwest Indiana Air Committee is
responsible for communicating on all matters involving or affecting the other agency to
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assure proper coordination and effective actions.
The public, industry and local government can participate in meeting these objectives
through IDEM's Clean Air Act Advisory Committee, public meetings and hearings,
and other public processes associated with regulatory activity.
COMPLIANCE AND ENFORCEMENT
Goal:
Reduce the quantities of conventional and toxic pollutants existing within and entering
the environment in Northwest Indiana.
Objective:
Use enforcement actions and other statutory authorities to achieve a high level of
compliance with all federal and state environmental laws and to remediate contaminated
sites.
Definitions:
Supplemental Environmental Project (SEP): A project carried out by a polluter which
has direct environmental benefits and is not otherwise required by law. Such projects
can be used to offset a portion of the cash penalty.
RCRA: Resource Conservation and Recovery Act of 1976; the law established rules to
monitor hazardous substances from the time of production to disposal. It requires that
safe procedures be used in treating, handling, using and disposing of hazardous
substances.
Background:
Many of EPA's and IDEM's joint efforts under the Action Plan focus on remediation
and restoration of Northwest Indiana because of the environmental degradation that has
occurred over many decades. But the long term benefits to the environment and to the
citizens in Northwest Indiana, as well as the success of the Initiative, depend on
whether ongoing regulated activities comply with federal and state environmental laws
and regulations, now and in the future. Therefore, it is critical that IDEM and EPA
continue our joint efforts in determining the compliance status of the industries and
other regulated facilities operating in Northwest Indiana, and when appropriate,
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vigorously enforce against those not in compliance.
Northwest Indiana presents difficult challenges with regard to compliance and
enforcement for several reasons. First, many industries located in Northwest Indiana
were established decades prior to modern environmental laws and regulations. Their
processes and equipment were not designed to control or limit pollution into the
environment. Some of these facilities have had difficulty adapting their processes and
equipment to meet current environmental standards. As a result, many have
experienced chronic compliance problems. In addition, and unfortunately, there have
been some who have chosen to locate in Northwest Indiana who have not taken their
environmental responsibilities and obligations seriously. Regulating such facilities
requires vigilance and aggressiveness. Finally, because of the past significant
degradation of all the environmental media - air, water and land - compliance and
enforcement strategies must take into account that pollution can be shifted from one
medium to another. As a result, IDEM and EPA will continue to focus on
environmental improvement through a multi-media approach to compliance and
enforcement, and by actively seeking through enforcement actions remediation of past
contamination.
Major Activities:
1. Coordinate state and federal enforcement actions through the Compliance and
Enforcement Committee (CEC) to ensure efficient use of state and federal
resources.
2. Prioritize and target inspections and enforcement to ensure compliance.
3. Research the legal/judicial facets of sediment remediation, the remediation of
contaminated ground water and the development of natural resource damage
claims to enable state and federal enforcement personnel to bring cases which, if
successful, will compel the remediation of past damages to the environment.
Evaluate cases to determine the applicability of additional statutory authorities.
4. Consistent with Number 1, both agencies will pursue civil litigation and seek
voluntary actions to remediate contaminated sites, including contaminated
sediments in the Grand Calumet River/Indiana Harbor Ship Canal, and compel
responsible parties to undertake clean up at contaminated sites to remove
hazardous, toxic and solid wastes and to clean up leaking underground storage
tanks.
5. EPA will follow its Supplemental Environmental Project Policy to facilitate
inclusion of environmental and pollution prevention projects in its enforcement
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settlements. IDEM will complete its Supplemental Environmental Project
Policy in order to do the same.
6. Work with local governments to identify their authorities and use them more
effectively to address violators, including open dumpers, air pollution sources,
and industrial dischargers to municipal sewage treatment plants.
7. At permitted and closing RCRA sites, prioritize and complete closure and/or
corrective action.
8. Implement a compliance and enforcement strategy which increases inspection
surveillance of and enforcement against sources of Volatile Organic Compounds
(VOCs), Particulate Matter (PM-10), and toxic sources.
9. Continue to implement the Great Lakes Enforcement Strategy dated
9-15-93 for reducing toxic discharges to Grand Calumet River/Indiana Harbor
Ship Canal.
Opportunities for Public Involvement:
The citizens of Northwest Indiana have the opportunity and responsibility to be aware
of problems and call them to the attention of their city and/or county officials, or
contact IDEM or EPA about them. Additionally, citizen suit provisions exist in many
state and federal laws, as another means to bring about compliance with the law.
LAND AND GROUND WATER REMEDIATION
Goal:
Protect Northwest Indiana from the release of hazardous substances, petroleum or
petroleum-related substances and clean up of contaminated lands and ground water.
Objective:
Prevent the release of hazardous substances, petroleum or petroleum-related substances
to the land or ground water; if releases occur, ensure the immediate containment and
clean up; and use all applicable Federal and State authorities and programs to address
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the containment, removal and/or treatment of hazardous substances, petroleum or
petroleum-related substances currently contaminating land or ground water of
Northwest Indiana.
Definitions:
Northwest Indiana Brownfields Redevelopment Project: A local initiative of East
Chicago, Gary, and Hammond and IDEM to identify properties unused because of
potential environmental contamination, and to encourage their remediation and reuse.
Superfund: The Comprehensive Environmental Response, Compensation and Liability
Act of 1980; the federal law which established a mechanism for identification and
remediation of the worst hazardous substance contaminated sites in the U.S.
Voluntary Remediation Program: A cooperative initiative between the state and private
parties in which contaminated sites are remediated with state oversight and, upon
successful completion of the remediation, a Covenant Not To Sue is issued to the
property.
Background:
Northwest Indiana has been the site of substantial industrial activity for over 100 years.
Past industrial practices in Northwest Indiana often did not consider their future impact
upon the environment and have resulted in significant contamination of the soils and
ground water. This historical contamination has not only resulted in potential threats to
human health and the environment but is now impacting the local economies through
the real or perceived threat of environmental liability on properties within Northwest
Indiana.
IDEM and EPA have many different programs within their authority over the
prevention and correction of pollution of the land and ground water. Northwest
Indiana, because of its size and density, presents a major challenge to all involved.
Through this Action Plan, EPA and IDEM will work to coordinate, and where
possible, accelerate addressing land and ground water contamination.
Major Activities:
1. Continue to coordinate and aggressively pursue targeted actions to protect and
remediate contaminated land and ground water through federal and state
Superfund emergency and remedial programs, petroleum clean ups, corrective
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actions, closures and non-traditional efforts.
2. Improve coordination with other units of government to enhance protection and
achieve clean up where no one agency or department has complete authority,
and foster partnerships with other major stakeholders.
Efforts will continue to work with state and federal agencies, such as the
Indiana Department of Natural Resources, Indiana Department of Commerce,
U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, the National
Biological survey, and local units of government. Through such efforts EPA
and IDEM can effectively extend their programs and resources to address
egregious problems over which neither agency has complete authority.
3. Identify and encourage the use of both innovative approaches and innovative
technologies for land and ground water remediation.
The August 1994, execution of a voluntary Memorandum of Cooperation
(MOC) by IDEM and EPA with local industries is an example of an innovative
approach to a vexing problem. The MOC describes a way to prevent future
releases of petroleum to the Indiana Harbor Ship Canal from the ground water
beneath the properties of the signatories. Several companies have agreed to
voluntarily take measures to prevent the migration of petroleum to the canal
which may be currently occurring. EPA and IDEM will also continue to
research and use, where appropriate, new technologies to enhance the
effectiveness of clean up actions.
4. Continue efforts to map, locate, and define the extent and thickness of
petroleum-related products on or within, the soils and ground water.
The continuing mapping efforts will provide the location of pockets of "floating
oil" on the ground water; assist in prioritizing clean ups and assist in evaluating
the impacts on the environment.
5. Continue to assist and coordinate with the Northwest Indiana Brownfields
Redevelopment Project through the identification of potential sites and through
the innovative use of Indiana's Voluntary Remediation Program. IDEM and
EPA will also seek out further opportunities to work with local units of
government and industry for further "Brownfield" redevelopment opportunities
throughout the entire geographic initiative area.
The implementation of the "Brownfields" approach will not only provide
enhanced clean up and the protection of green fields outside the metropolitan
areas but has the potential to result in positive economic impacts.
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6. Identify and resolve regulatory barriers to achieving remediation of
contaminated sites.
The purpose of this activity is to clearly define the authorities and tools state
and federal staff may use to prevent and/or address spills, releases or existing
contamination in the most effective manner. IDEM and EPA will review and
develop a "tool box" of mechanisms which may be employed to obtain
compliance under state and federal hazardous substance and oil pollution
legislation.
Opportunities for Public Involvement:
IDEM and EPA rely on the public to help identify suspected locations of contamination
in the soil and/or ground water. We will keep the public current on activities
associated with clean ups and continue to encourage their participation in formal
comment periods used to gather input on site specific projects. Throughout the
implementation of this element of the Action Plan, EPA and IDEM will continue to
look for and provide opportunities for further cooperation with the public, government
agencies and industry.
POLLUTION PREVENTION
Goal:
Integrate pollution prevention and environmental stewardship into industry practices
and public behavior in Northwest Indiana.
Objective:
IDEM and EPA will engage in a consistent effort promoting pollution prevention and
environmental stewardship in Northwest Indiana. In general, IDEM will take the lead
on pollution prevention in the region. Through this consistent effort by the agencies,
industry and the public in Northwest Indiana can adopt pollution prevention and
environmental stewardship practices. Success will be measured by integration of
pollution prevention measures into other Action Plan activities. When this objective is
met, the pollution prevention and environmental stewardship committee should no
longer be necessary.
Definitions:
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Environmental Waste: All environmental pollutants, wastes, discharges or emissions,
regardless of whether or how they are regulated, and regardless of whether they are
released to the general environment or the workplace environment.
CFR: Code of Federal Regulations.
Toxic Materials: For purposes of this Action Plan, toxic materials are substances on
the CERCLA Hazardous Substance list (40 CFR Part 302), and they also include toxic
chemicals as defined by 40 CFR Part 372.
Background:
Pollution prevention and, in the broader sense, environmental stewardship, are the
primary mechanisms for positive change for IDEM and EPA activities in Northwest
Indiana. Each agency has committed resources to the issues and will continue to
emphasize pollution prevention as a priority. These efforts will be aggressively
incorporated into the agencies' activities whenever possible.
Indiana's program seeks a dramatic shift in perspective to pollution prevention, rather
than incremental shifts towards this best approach. These incremental shifts from
disposal to treatment to recycling, and then finally prevention, delay the time when the
economic and environmental benefits of prevention can be realized. To promote this
shift, Indiana has a strong definition of pollution prevention that is unique in the United
States.
EPA and IDEM believe it is important to recognize that while there are differences
between state and federal pollution prevention legislation, EPA and IDEM are
committed to working as partners in Northwest Indiana to achieve reductions in the
generation of pollution and/or its release to the environment.
Pollution prevention means the use of practices that reduce or eliminate the industrial
use of toxic materials or the hazards associated with an environmental waste without
diluting or concentrating the waste before the release, handling, storage, transport,
treatment, or disposal of the waste.
Pollution prevention consists of activities that directly impact the production of a
product or the providing of a service. It includes product reformulation, production
process redesign, housekeeping, environmental and process training, inventory control,
preventive maintenance, energy conservation by the energy producer, and on-site
closed-loop recycling. It does not include waste burning, waste exchanges, most
recycling, or environmental remediation activities.
Environmental stewardship includes pollution prevention, but is a broader concept. It
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means activities that protect the environment either directly or indirectly. Some
examples of activities that are not pollution prevention but are environmental
stewardship include: energy conservation (unless activity is by energy producer), waste
minimization, environmental education, household hazardous waste collection, and
sediment remediation.
IDEM and EPA have active pollution prevention and environmental stewardship efforts
in the region. For the most part, IDEM has taken the lead in implementing these
efforts, with financial and/or technical support from EPA. The exceptions to this are
the Steel Industry Pollution Prevention effort, which is entirely state funded, and
EPA's Hazardous Waste Minimization Assessments, which were entirely federally
funded. Other efforts include the Enviromobile, Hazardous Waste Minimization
Studies, and the Grand Calumet River District Pollution Prevention Effort. In general,
IDEM has taken the lead on these efforts with support from EPA.
Major Activities:
1. The Pollution Prevention Implementation Committee will aggressively integrate
pollution prevention objectives into the other components of this Action Plan
over the next two years. IDEM will facilitate integration by assigning a
representative of the Office of Pollution Prevention and Technical Assistance to
work on each of the objectives that address preventing future pollution. EPA
will work with its staff to ensure that pollution prevention is an integral part of
the Action Plan and the agency's efforts.
2. The EPA, with IDEM support, will continue to assist companies in their efforts
to identify and evaluate pollution prevention, waste minimization, and
environmental stewardship opportunities. In the future, assessment results will
distinguish between pollution prevention, waste minimization, and
environmental stewardship.
3. IDEM, with the support of EPA, has developed a measure of pollution
prevention progress among manufacturers in the region. This committee will
work with the citizens to get the information out in a format that is
understandable.
4. This committee will promote opportunities within this Initiative for public and
industry awareness of and participation hi pollution prevention and
environmental stewardship activities.
Opportunities for Public Involvement:
The public, industry and local government are already working toward pollution
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prevention and environmental stewardship by participating in household hazardous
waste collection, and environmental education, including the Enviromobile, teacher
education, and continuing public forums on pollution prevention and environmental
stewardship.
REMEDIAL ACTION PLAN AND
LAKEWIDE MANAGEMENT PLAN
Goal:
Eliminate pollution that impairs beneficial uses in Lake Michigan and the Grand
Calumet Area of Concern and restore those beneficial uses.
Objective:
Implement Annex 2 (see definition below) of the Great Lakes Water Quality Agreement
(GLWQA) through the use of an ecosystem approach to address the environmental
problems which impair beneficial uses of Lake Michigan and the Grand Calumet
Indiana Harbor Ship Canal Area of Concern.
Definitions:
Annex 2: A section within the GLWQA that requires any Great Lakes State with an
area of concern to prepare a Remedial Action Plan (RAP). Annex 2 also requires the
United States and Canada prepare Lakewide Management Plans (LaMP's) for each of
the five Great Lakes.
Area of Concern (AGO: A geographic area that fails to meet the objectives of the
GLWQA and where such failure has caused or is likely to cause impairment of
beneficial uses. There are 43 AOCs' surrounding the Great Lakes, one of which is in
Indiana. The Grand Calumet Indiana Harbor Ship Canal Area of Concern is bounded
by the State of Illinois on the west, Porter County on the east, Interstate 80/94 on the
south, and the Indiana portion of Lake Michigan on the north.
Ecosystem: The interacting components of air, land, water, and living organisms,
including humans.
Great Lakes Water Quality Agreement : A product of the 1909 Boundary Waters
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Treaty between the United States and Canada. The agreement, last amended in 1987,
was negotiated and signed by both countries to protect and restore the water quality of
the five Great Lakes and the waterways which connect them.
Impairment to beneficial use: A change in the chemical, physical, or biological
integrity of the Great Lakes System sufficient to cause any of the following: restrictions
on fish and wildlife consumption; tainting of fish and wildlife flavor; degradation of
fish and wildlife populations; fish tumors or other deformities; bird or animal
deformities or reproduction problems; degradation of benthos; restrictions on dredging
activities; eutrophication or undesirable algae; restrictions on drinking water
consumption, or taste and odor problems; beach closings; degradation of aesthetics;
added costs to agriculture or industry; degradation of phytoplankton and zooplankton
populations; and loss of fish and wildlife habitat.
International Joint Commission: The Boundary Waters Treaty of 1909 between the
United States and Canada established a six-member commission which oversees water
quality matters with regards to the Great Lakes and advises both countries. The
commission reviews Lakewide Management Plans and Remedial Action Plans.
Combined Sewer Overflow: A combined sewer system is a sewer system owned by a
state or municipality that collects waste water and storm water through a single-pipe
system and conveys it to a publicly owned treatment works plant. A combined sewer
overflow is a structural device which discharges from the combined sewer system at a
point prior to the publicly owned treatment works plant.
Lakewide Management Plans: A comprehensive effort to identify the critical pollutants
within a Great Lake and determine what steps need to be taken to eliminate lakewide
problems caused by both conventional and toxic pollutants.
Remedial Action Plan: The identification of the causes of use impairments within a
harbor, bay or tributary to a Great Lake, and the development of an implementation
plan and schedule to address the problems which caused the impairments using an
ecosystem approach.
Background:
Annex 2 of the GLWQA requires Indiana to prepare a RAP for the Grand
Calumet/Indiana Harbor Ship Canal AOC. In addition, Annex 2 requires the United
States Government to lead the development of a lakewide management plan for Lake
Michigan. Close collaboration between the federal government and the state of Indiana
on both planning efforts is essential to their ultimate success and the long term
protection and restoration of the AOC. While IDEM is charged with developing the
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process to produce a RAP, the comprehensive nature of the problems facing Northwest
Indiana will require the continued involvement of many stakeholders, public and
private, as long-term ecosystem approaches are pursued. EPA provides a uniquely
supportive role of the State's RAP efforts, offering financial, technical and capacity
building resources. Moreover, Indiana's contribution to the Lake Michigan LaMP will
rely heavily on the remedial strategies developed through the RAP. The LaMP, in
turn, will assist the development of the RAP by assessing the environmental impacts of
current loadings to Lake Michigan and helping identify how future loadings can be
reduced.
Stage 1 of the RAP, an assessment of beneficial use impairments, was completed in
January 1991. The development of key strategies to address such impairments during
Stage II, which is the implementation phase of the RAP process, will be completed in
1995. The long term protection and restoration of the AOC is the chief aim of the
tasks targeted initially for implementation or subsequently selected in bi-partisan
fashion.
Considerable progress has been made through IDEM and EPA's cooperation on AOC
activities. Enforcement actions taken against polluters located within the AOC has
prevented hundreds of thousands of pounds of pollutants from entering the
environment. A household hazardous waste collection program, funded by EPA and
implemented by IDEM, resulted in the proper disposal of many harmful substances
which might have ended up in the sewers, landfills or waterways. Another joint
project between the agencies resulted in the Grand Calumet Sanitary Districts Toxic
Pollution Prevention Project. This voluntary, collaborative project works with cities
and industries to reduce discharges of chemicals to sewage treatment plants and,
ultimately, the Grand Calumet River. Future efforts will include identifying further
opportunities, and working with local communities, to minimize the adverse impacts of
combined sewer overflows which have historically resulted in annual discharges of up
to 7.3 billion gallons of untreated sewage and storm water in the Grand Calumet and
Indiana Harbor Ship Canal.
Major Activities:
1. Identify persistent toxic substances and the sources from which they are being
released into, and are affecting the ecosystem health of, Lake
Michigan from the Grand Calumet River and Indiana Harbor Ship Canal
through the review of existing data and information.
2. Estimate, on a gross scale, total pollutant loadings from the Grand Calumet
River and Indiana Harbor Ship Canal into Lake Michigan through the review of
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all existing information systems, such as the Toxic Release Inventory, data
bases, and sediment transport information generated by the U.S. Army Corps of
Engineers.
3. For future reduction activities, develop critical pollutant load estimates for
individual sources where data exists, and develop monitoring plans to gather
data where none currently exist.
4. Identify and implement short-term and long-term pollution prevention and
environmental stewardship activities to further reduce critical pollutant loads to
Lake Michigan.
5. Complete the revisions to the Stage I RAP called for by the International Joint
Commission in its review of the document. Establish a firm schedule to
complete all remaining components of the Stage II RAP.
6. Implement watershed management plans for both Wolf and George Lakes and
for the Grand Calumet River Lagoons at Marquette Park. Support the
restoration of natural areas, especially wetlands, to continue the ecosystem
restoration required by Annex 2.
7. Develop greater public involvement in pollution control, ecosystem protection,
and the responsibilities of municipal government through
workshops, open houses, and other events as may be determined by the
agencies and the public and by facilitating open house events.
8. Support and provide special assistance to the LaMP/RAP Toxic Pollution
Prevention Project as it expands in scope, providing limited technical assistance
to dischargers to the Grand Calumet River and Indiana Harbor Ship Canal to
reduce these dischargers' toxic pollutant loads on a voluntary cooperative basis.
Opportunities for Public Involvement:
Annex 2 requires that the public be extensively involved in the development of every
facet of both the RAP and LaMP. To meet this requirement the State of Indiana has
established the Citizens Advisory for the Remediation of the Environment (CARE).
CARE is an advisory group to the state composed of citizen members representing a
broad array of backgrounds and interests. EPA and the four Great Lakes States rely on
citizen input from groups such as the LaMP public forum. Additionally, both IDEM
and EPA have held, and will continue to host, public workshops on specific issues
brought forward by the public. The Action Plan was initiated to address several of the
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most difficult immediate environmental problems facing Northwest Indiana; the RAP
process, however, is designed to protect and restore the environment in the Grand
Calumet Area of Concern through the development of long term remedial and
preventive strategies. That environment is shaped by the citizens of the area and the
RAP must reflect their views of the future and what must be done to create that future.
SEDIMENTS
Goal:
To reduce the adverse impacts of contaminated sediments flowing into Lake Michigan
from the Indiana Harbor Ship Canal and the Grand Calumet River and to restore these
waterbodies for uses including fishing and wildlife habitat.
Objective:
EPA and IDEM will support the development of and implementation of the RAP for
the Area of Concern to protect Lake Michigan from toxic sediments and restore the
Grand Calumet River-Indiana Harbor Ship Canal ecosystem. These efforts will control
contaminated sediments by means including dredging, in-place treatment and disposal.
Background:
More than twenty-five percent of the nation's steel making capacity is located in
Northwest Indiana, along with several major petroleum facilities and other
manufacturing plants. Largely as a result of past industrial pollution, substantial
deposits of contaminated sediments have formed in the area's various waterbodies.
The U.S. Army Corps of Engineers estimates that the Grand Calumet River and the
Indiana Harbor and Ship Canal alone contain five to ten million cubic yards of
contaminated sediments. This accumulation is due in large part to the suspension of
maintenance dredging since 1972 because of the contaminated sediments. This in turn
has led to approximately 150,000 cubic yards of these sediments carried into southern
Lake Michigan annually. Therefore, IDEM and EPA have developed and will continue
to develop strategies, not only to remediate existing contaminated sediment deposits,
but to prevent future sediment contamination. Development of sediment disposal
facilities, with public participation, is central to the resolution of this problem.
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Major Activities:
Because of the extent and variability of sediment contamination, EPA and IDEM have
divided their activities into two categories. Category I consists of on-going or planned
projects in the Indiana Harbor Ship Canal and Grand Calumet River aimed primarily at
protecting Lake Michigan from the effects of contaminated sediments and improving
quality. Category II activities involve development of further actions, using a basin or
ecosystem wide approach. These activities will proceed, to the extent possible, as a
joint venture between EPA and IDEM. Other long-range control and prevention
strategies, such as ground water characterization, source controls, and ground water
remediation, will eventually be developed as part of the RAP for the Area of Concern.
Category I activities will:
•pursue the dredging and disposal of contaminated sediments from the
navigable portion of the Indiana Harbor Ship Canal — the Federal Navigation
Channel — by cooperating with the U.S. Army Corps of Engineers. Such
dredging will create a trap to reduce the flow of contaminated sediments into
Lake Michigan. For other areas of the Indiana Harbor Ship Canal, IDEM and
EPA will use all available tools, including the Inland Steel and LTV Steel
Consent Decrees, to control as much sediment as possible;
•focus on controlling contaminated sediments in the East Branch of the Grand
Calumet River using all appropriate tools, including the implementation of the
USX and Gary Consent Decrees;
•pursue contaminated sediment control for the West Branch of the Grand
Calumet River.
•define appropriate measures for remediation and disposal of sediments
addressed by the foregoing actions.
•continue study of environmental conditions in the Indiana Harbor Ship Canal
Grand Calumet River ecosystem and organize data to support site-specific
actions, as well as analysis of basin-wide impacts of various sediment clean up
or control alternatives.
Category II activities will:
•begin development of a comprehensive treatment/storage/disposal strategy for
sediments removed from the Indiana Harbor Ship Canal and Grand Calumet
River.
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•continue to identify and evaluate available mechanisms including enforcement,
corrective action, and voluntary projects, to address non-remediated areas of the
Indiana Harbor Ship Canal and Grand Calumet River;
•continue the development of individual strategies targeting specific polluters
and broad strategies bringing together "responsible parties" to address key
geographic areas.
Opportunities for Public Involvement:
The successful completion of this strategy requires significant public outreach by EPA
and IDEM, and other involved agencies, on all aspects of this sediments strategy. The
agencies will seek out opportunities for education and dialogue with the public
regarding sediment control and remediation, and encourage their participation and
comment on future sediments work.
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Co-Chairpersons
USEPA
* Sally Swanson
Northwest Indiana Team Manager
JoLynn Traub, Director
Water Division
Norm Niedergang, Director
Waste, Pesticides & Toxics Division
William E. Muno, Director
Superfund Division
*Gail Ginsberg
Regional Counsel
Gary Gulezian, Acting Director
Great Lakes National Program
*Elissa Speizman, Director
Office of Public Affairs
Robert Springer, Director
Resources Management Division
*Anne Rowan
Indiana State Coordinator
Sediments:
Compliance & Enforcement:
Land & Groundwater
Remediation
Pollution Prevention:
Remedial Action Plan/
Lakewide Management Plan:
Air Quality:
* Steering Committee Members
Northwest Indiana Action Plan
Executive Committee
Jodi Pen-as, Deputy Commissioner
Indiana Department of Environmental Management
Office of Legal Affairs
David Ullrich, Deputy Regional Administrator
Environmental Protection Agency, Region 5
IDEM
*Beth Admire
Office of Legal Counsel
Tim Method, Deputy Commissioner
Off. of Environmental and Reg. Affairs
David Wersan, Assistant Commissioner
Office of Solid and Hazardous Waste
John Rose, Assistant Commissioner
Office of Environmental Response
Tom Neltner, Assistant Commissioner
Office of Pollution Prevention
Pat Carroll, Director
Offfice of Enforcement
*Kay Nelson, Director
Northwest Indiana Regional Office
*Kim Robinson, Director
Office of Community Relations
*Jan Henley, Assistant Commissioner
Office of Water Management
Implementation Committee
Bonnie Eleder, USEPA
Dave Wersan, IDEM
Mike Smith, USEPA
Pat Carroll, IDEM
Tom Geishecker, USEPA
John Rose, IDEM
Dan O'Riordan, USEPA
Tom Neltner, IDEM
Stacy Greendlinger, USEPA
Adriane Esparza, IDEM
Cheryl Newton, USEPA
Felicia George, IDEM
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