September 2019 CITY OF CHICAGO OFFICE OF INSPECTOR GENERAL CHICAGO DEPARTMENT OF PUBLIC HEALTH AIR POLLUTION ENFORCEMENT AUDIT REPORT OF THE OFFICE OF INSPECTOR GENERAL CITY OF CHICAGO OFFICE OF INSPECTOR GENERAL 740 NORTH SEDGWICK STREET, SUITE 200 CHICAGO, ILLINOIS 60654 JOSERH M. FERGUSON TELERHONE: (773) 478?7799 INSPECTOR CEN ERAL FAX: (773) 478-3949 SERTEMBERT6, 2019 TO THE MAYOR, CITY COUNCIL, CITY CLERK, CITY TREASURER, AND RESIDENTS OF THE CITY OF CHICAGO: The City of Chicago Office of Inspector General has completed an audit assessing how well the Chicago Department of Public Health (CDPH) monitors facilities that pollute the air. Air pollution in the form of soot, microscopic particles, and toxic airborne chemicals causes significant harm to the environment and human health. inspection program plays a critical role in controlling the amount of pollution emitted by factories, dry cleaners, restaurants, and other facilities in Chicago. We found that the Department is not meeting its internal air?quality inspection frequency goals, is not consistently categorizing facilities based on their potential to emit pollution, and is not ensuring that facilities annually renew their required Certificates of Operation. We also determined that the Department does not ensure that violations identified by inspectors are resolved. Taken together, these gaps increase the risk of excessive emissions that harm public health and the environment. OIG also found that CDPH resolves 84% of air?quality complaints within 24 hours because it prioritizes responding quickly to complaints. While some ofthe information on the City?s Data Portal is incomplete, CDPH has created a Lookup Table that is user?friendly and shows multiple environmental records related to a given address. We make a number of recommendations to strengthen air pollution permit and inspection program. Most urgently, CDPH should develop inspection priorities and goals based on factors such as the proximity of polluting facilities to overburdened communities, public health data, violation patterns, and inspection practices in peerjurisdictions. CDPH should continue working to fill vacant positions, then determine if additional inspectors would be needed to safeguard public health and the environment. In response to our audit, CDPH stated that it largely agrees with our recommendations and has already begun implementing corrective actions. IGCHICAG0.0RG OIG TIRLINE: (866) 448?4754 WY: (773) 478?2066 We thank CDPH staffanol management for their cooperation during the audit. Respectfully, 4% Joseph M. Ferguson Inspector General City ofChicago ICICHICACIQORCI OIG TIPLINE: (866) 448?4754 WY: (773) 478?2066 OIO EILE #17?0525 CDPH Air Pollution Enforcement Audit September 16, 2019 TABLE OF CONTENTS I. EXECUTIVE SUMMARY 4 A CONCLUSON 4 B. 4 RECOMMENDATIONS 6 CDPEIRESPONSE 6 BACKGROUND 8 A. THE IMPACT OF AIR POLLUTION ON THE ENVIRONMENT AND HUMAN HEALTH 8 B. 9 C. 10 D. CDPHAMQPOLLUHONINSPECHONS 17 Ill. FINDINGS AND RECOMMENDATIONS 18 VIOLATIONS THAT MAY HARM PUBLIC HEALTH AND THE ENVIRONMENT. 18 22 EINDING 3: CDPH DID NOT CATEGORIZE POTENTIAL EMISSIONS FOR 359 EACHLHIES 25 IMPACT ON PUBLIC HEALTH ANDTHE ENVIRONMENT 27 INSRECTIONS MORE CONSISTENTLY. 29 INCOMRLETE 31 FINDING 7: ENVIRONMENTAL RECORDS LOOKUP TABLE IS ORGANIZED IN 33 IV. OBJECTIVES, SCOPE, AND METHODOLOGY 35 A. OBJECTIVES 35 B. SCOPE 35 C. METHODOLOGY 35 1. Periodic Inspections 35 2. Certificates Of Operation 36 3. Complaint?Based Inspections 37 4. Data Portal 37 D. STANDARDS 37 E. 38 APPENDIX A: DELEGATION OF FORMER DOE RESPONSIBILITIES TO OTHER CITY DEPARTMENTS 39 PAGEI OIO FILE CDPH Air Pollution Enforcement Audit ACRONYMS APC Air Pollution Control CDPH Chicago Department of Public Health DOE Department of Environment IEPA Illinois Environmental Protection Agency OIC Office of Inspector General MCC Municipal Code of Chicago US EPA United States Environmental Protection Agency September 16, 2019 PAGE 2 OIG FILE CDPH Air Pollution Enforcement Audit September 16, 2019 2015 to 2017 only 48% less than half the time did not categorize 359 facilities within 24 hours PAGE 3 OIC FILE #17?0525 CDPH Air Pollution Enforcement Audit September 16, 2019 I. EXECUTIVE SUMMARY The City of Chicago Office of Inspector General has completed an audit assessing how well the Chicago Department of Public Health (CDPH) monitors facilities that pollute the air. Air pollution in the form of soot, microscopic particles, and toxic airborne chemicals causes significant harm to the environment and human health. inspection program plays a critical role in controlling the amount of pollution emitted by factories, dry cleaners, restaurants, and other facilities in Chicago. The objectives ofthe audit were to determine if CDPH, meets its air?quality inspection frequency goals; 0 ensures that applicable facilities maintain a valid Certificate of Operation; 0 responds to air?quality complaints within 24 hours; and maintains complete and accurate records on the City?s Data Portal. A. CONCLUSION OIO concluded that gaps in air pollution permit and inspections program are increasing the risk that facilities emit more pollution than allowed bylaw. Infrequent inspections reduce incentives for permitholders to annually renew their Certificates of Operation or to request permits for new equipment, because violations are more likely to go undiscovered. B. FINDINGS 1. CDPH did not meet its internal air?quality inspection frequency goals. For the purpose of fee assessment, City ordinance establishes categories based on volume of emissions, and CDPH sets internal inspection frequency goals ranging from every year to every three years depending on a facility?s category and type of emissions. Between 2015 and 2017, CDPH met its inspection frequency goal for only 17% of the facilities it intended to visit annually. Moreover, 19% of facilities that should have been inspected annually received no inspection at all over the three?year period. CDPH told OIC that its field staff ofthree engineers is not sufficient to meet its internal inspection frequency goals, but it also does not provide written guidance to inspectors on how to prioritize the highest?risk facilities for inspection. 2. CDPH did not ensure that facilities renewed annual Certificates of Operation. The Department told OIO that City Council created the Certificate of Operation PAGE 4 OIG FILE CDPH Air Pollution Enforcement Audit September 16, 2019 to compensate for the City?s inability to inspect every facility each year. The Certificate of Operation process requires a facility owner to annually self?certify that their facility is operating safely and in compliance with regulatory requirements. Given the low inspection frequencies described in Finding l, it is especially important that CDPH ensure facilities obtain annual Certificates of Operation. Without a Certificate of Operation or inspection, the Department will not know if a facility has made unauthorized changes to its operations that may negatively impact public health and the environment. In 20W, only 48% ofthe facilities listed as ?Open? in inspection and permit system obtained the required Certificate of Operation. Furthermore, OIC determined that only 39% ofthe facilities that were required to obtain a Certificate of Operation every year between 2012 and 20l7 fully complied. In fact, 8% never obtained a Certificate of Operation during that period. CDPH stated that it does not proactively review its data to identify facilities lacking a current Certificate of Operation due to a lack of office staff. Instead, it relies on inspectors to ta l