Controversial AOC Health Report Released For Comments

Apr 30: Dr. Henry Falk, Director, Coordinating Center for Environmental Health and Injury Prevention, Centers for Disease Control and Prevention (CDC), announced that the Agency for Toxic Substances and Disease Registry (ATSDR) had issued a revised report for public comment on what is known about environmental contaminants and human health in 26 Great Lakes “Areas of Concern” (AOCs). The controversial report which had been suppressed for nearly a year responds to a request from the International Joint Commission (IJC) to define the threat to human health from critical pollutants found in the Great Lakes basin. The report analyzes many sources of data on environmental exposures and on human health in the Great Lakes basin. The report is open for public comment for 60 days.

On February 7, the Center for Public Integrity (CPI) announced that a massive 400-page study, originally entitled, Public Health Implications of Hazardous Substances in the Twenty-Six U.S. Great Lakes Areas of Concern [AOCs], completed in July 2007, was being withheld [See WIMS 2/8/08]. Subsequently, an inquiry and investigation from Representatives John Dingell (D-MI), the Chairman of the Committee on Energy and Commerce, and Bart Stupak (D-MI) caused the study to be publicly released [See WIMS 3/14/08]. The latest 2008 draft report released for comment is now entitled, Selected Information on Chemical Releases Within Great Lakes Counties Containing Areas of Concern (AOC).

According to a CDC announcement, the key conclusions of the revised report include: 1) available environmental health data provide a useful but only a partial picture of the burden of chemical exposures people in the region face; 2) current health and environmental data collection cannot define the threat to human health from critical pollutants in the Great Lakes region; and 3) need for additional data collection and analysis to permit scientists, decision makers, and members of the public to define the threat to human health from pollutants in the Great Lakes basin. CDC indicates that comments should be submitted by email to: greatlakes@cdc.gov.

Access the CDC announcement (click here). Access the ATSDR website for the Great Lakes report which contains extensive links to background information, the Statement of Concern, the 2004 & 2007 & 2008 drafts, and more (click here). Access the 2008 draft report (click here).

Funding Opportunities From Great Lakes National Program Office

Apr 24: The U.S. EPA's Great Lakes National Program Office (GLNPO) is now requesting applications in the following areas: (1)Approximately $100,000 to support Lake Michigan Forum activities, including work with ports/harbors in the nearshore and completion of the work with the four Lake Michigan states in a climate exchange program between farmers and industry. (2) Approximately $25,000 to support environmental education and outreach about Lake Michigan to Lake Michigan communities, including Areas of Concern and to teachers. (3) Approximately $75,000 to support training and tool development for Lake Michigan regional planning commissions and their shoreline communities in order to promote the use of green infrastructure and low impact land use design. (4) Approximately $75,000 for projects related to facilitating the Lake Superior Binational Forum. (5) Approximately $120,000 for a project that addresses the Lake Huron priority of Managing Water Quality to Protect and Restore Biodiversity. (6) Approximately $300,000 for a project to estimate loadings to Lakes Michigan, Huron, Superior, and Ontario of total phosphorus, total dissolved phosphorus, nitrate, and chloride.

Submissions must be postmarked or received by EPA or electronically through grants.gov by midnight, CST on June 10, 2008. EPA notes that this Request for Applications is one of four funding opportunities currently available. Other opportunities include: Request for Proposals for Great Lakes Pollution Prevention and Reduction and Rochester RAP Management (due June 10); Intermediary Support for Ecological Protection and Restoration Projects in the Great Lakes Basin (due May 21); and the Great Lakes Legacy Act Request for Projects (no date).

Access links to complete details on all of the above opportunities (click here).

House Passes Ballast Management Legislation: Parties Pleased

Apr 24: By a vote of 395-7, the House of Representatives approved H.R. 2830, the Coast Guard Authorization Act of 2007. The bill increases the size of the Coast Guard, reorganizes the Service, and enhances the Coast Guard’s dual mission of homeland security and maritime safety. Among many other items, Title V the bill requires ships to begin installing ballast water treatment systems in 2009 to control the introduction of invasive species into U.S. ports and waterways -- a measure particularly important to Great Lakes interests. All ships will be required to have treatment systems installed by 2016. The bill was sponsored by Representative James Oberstar (D-MN), Chair of the House Transportation & Infrastructure Committee.

Importantly, the bill apparently strikes a balance between states' rights and shippers concerns and has the support of the American Great Lakes Ports Association (AGLPA) and the Great Lakes Maritime Task Force (GLMTF). Various shipping interests, who have been opposed to individual state legislation such as that in place in Michigan, are supporting the legislation. Wisconsin and Minnesota have been considering similar legislation. GLMTF President Patrick O'Hern said, "This legislation is tough but fair -- this problem is big enough that it needs a tough response." GLMTF represents carriers, maritime unions, longshoremen, shipyards, dredging companies, and terminal operators.

Michigan Lt. Governor John D. Cherry Jr. who also serves as chairman of the Great Lakes Commission (GLC) praised House members for passing a bill. Cherry said, "This bill requires the federal government to accelerate actions that protect our Great Lakes and other waters nationwide. I urge members of the U.S. Senate to join in crafting a solution to stop aquatic invasive species from using ballast water as a pathway to the Great Lakes. As one of the few states to take strong independent action, I hope Congress will agree on a new federal law that Michigan and other states can strongly support."

The National Environmental Coalition on Invasive Species which includes the National Wildlife Federation, Union of Concerned Scientists, Great Lakes United, National Audubon Society, Defenders of Wildlife, Natural Areas Association, Healing Our Waters-Great Lakes Coalition (HOW), and The Nature Conservancy has endorsed the bill. The Coalition said the bill includes several key provisions which they have advocated, including an enhanced role for U.S. EPA to review and improve discharge standards, the addition of a provision allowing for citizens to petition the government, and the closure of a loophole that could have resulted in long-term delays in implementing onboard treatment. Additionally, they said the bill allows states to retain their ability to complement and strengthen the federal program.

The Coalition said the White House has cited the lack of clarification on how the ballast water title applies to recreational vessels among its concerns. The administration, which has threatened to veto the bill has indicated, however, that its main objection is not in Title V, but particular to Coast Guard requirements to protect liquefied natural gas terminals and vessels. The Union of Concerned Scientists says, “The House has already promised to address the White House’s concerns regarding recreational boaters separately. This strong demonstration of support in the House bodes well for withstanding the threat of a potential veto.”

On September 27, 2007, the Senate Commerce, Science, and Transportation Committee, Chairman Daniel Inouye (D-HI) approved somewhat similar legislation in S. 1578, The Ballast Water Management Act of 2007 [See WIMS 10/1/07]. That bill provided states with the authority to develop programs to regulate invasive species from ships so long as the provisions did not conflict with the Federal program. Michigan's Attorney General Mike Cox opposed the provisions of the bill that would limit the ability of Michigan, other states and the EPA to protect the Great Lakes from harmful ballast water discharges. Cox and the Attorneys General of five other Great Lakes States -- Illinois, Minnesota, New York, Pennsylvania and Wisconsin -- sent a joint letter to the Committee urging them not to approve parts of Senate Bill 1578.

Access a release from Representative Oberstar (click here). Access a release from Lt. Governor Cherry (click here). Access legislative details for H.R. 2830 (click here). Access a release from GLMTF (click here). Access a release from the Invasive Species Coalition (click here). Access a separate release from the HOW Coalition (click here). Access a summary of some legislators actions in support of the bill (click here). Access the AGLPA website for additional information (click here).

Wisconsin To Approve Great Lakes Compact

Apr 9: Wisconsin Governor Jim Doyle announced that the Great Lakes Compact, which he referred to as "a historic accord that will protect one of the world’s most precious natural resources," is ready to be signed into law under an agreement reached with legislators. Governor Doyle, who was joined at New Berlin City Hall by Republican and Democratic lawmakers, environmental group representatives, and business leaders, called for a special session on April 17, 2008.

Doyle said, “This is an outstanding day for all of Wisconsin. Our Great Lakes waters in many ways define who we are, and now the Great Lakes Compact will ensure that we protect this tremendous resource while responsibly using the water we need to prosper and grow.” Governor Doyle thanked Senator Mark Miller (D), Representative Scott Gunderson (R), and the many environmental, agricultural, and industrial leaders who came to agreement on the Great Lakes Compact. Thus far, the Great Lakes Compact has been signed into law in Illinois, Indiana, New York, and Minnesota as well as both Canadian Provinces of Quebec and Ontario.

Doyle indicated in a release that the Compact creates unprecedented protections for the Great Lakes and ensures their continued availability for regional economic growth. It will ban long-distance diversions and provide a framework for ensuring sustainable water use in the Great Lakes basin. The new agreement maintains the one state veto provision of the Compact. It also addresses communities partially outside straddling counties, creates for the first time a statewide conservation program, introduces incentives for regional water planning, and develops legislative oversight of the Governor’s vote on the regional rules implementing the Compact.

Representative Gunderson issued a release saying, "When the Assembly began our review of the Compact, there were a lot of naysayers who said we did not want to pass the Compact. But, I promised from the beginning of this process that we would pass a strong and fair Compact that did not place Wisconsin at an economic disadvantage to our neighboring states. I am pleased to announce with Governor Doyle that, today, we have reached an agreement on the Great Lakes Compact that will not only ensure the waters of the Great Lakes are protected for generations to come, but also allow Southeast Wisconsin communities the opportunity to provide safe drinking water to their residents and businesses.”

Access a release from Governor Doyle (click here). Access a release from Senator Miller (click here). Access a release from Representative Gunderson (click here). Access links to other releases from Senators, Representatives and officials on the Compact agreement (click here, scroll down). Access links to various media coverage on the Compact agreement (click here). Access the WIMS-Great Lakes Environment Blog for additional information and links on the Compact (click here).

Ending Ocean-Vessel Access Could Increase Jobs & More

Apr 9: In follow up research into transportation costs of ocean-vessel shipping on the Great Lakes [See WIMS 11/7/05], Grand Valley State University (GVSU) researchers have found that ending ocean-vessel access to the lakes would increase transportation sector jobs and have little impact to air quality or highway congestion. John Taylor, lead author from GVSU said, “Our ongoing work has been focused on presenting transportation scenarios that would both facilitate trade and address current problems on the Great Lakes. Such scenarios for moving freight have previously been ignored. Our recent report examines and refutes assertions that transhipment would destroy jobs, increase air pollution, and clog roads and rail lines. We hope this research provides an objective basis for public discourse and additional investigations. While we are not suggesting ocean ships be stopped to create domestic jobs, assertions that an end to ocean shipping on the Great Lakes would cost jobs are just plain wrong.”

The Phase II report addresses many of the questions raised by their first report, which found that a cessation of ocean-shipping on the Great Lakes would incur a $55 million cost increase by the use of alternative modes of transportation. The report marked a turning point in the public debate on what action to take to combat the introduction of aquatic invasive species to the Great Lakes by suggesting the use of alternative transportation modes as a solution. Ocean-vessel transportation is the main vector by which aquatic invaders like the zebra mussel have entered the Great Lakes in recent years. The researchers estimate of the costs of existing invasives range from $200 million to as high as $5 billion per year.

James Roach, president of the transportation consulting firm JLRoach Inc. said, “Critics argued that stopping ocean-vessels would cost jobs and drastically increase the number of trucks on the region’s highways -- we wanted to see if that was indeed the case. In fact our research found that over 1,300 new domestic jobs would be created in the U.S. and Canada, and the impact on our highways negligible.” The research finds many of these jobs would stay in the Great Lakes region, employing workers on lake vessels, barges, trains and trucks. Some jobs would re-locate to Canadian ports on the St. Lawrence River, and some to the east coast and Gulf of Mexico.

According to the study, truck traffic would increase by less than 1 per cent, and would only approach that on Highway 401 west of Montreal, where there would be an additional 89 trucks per day. The number of trucks would be far less on other routes. Shipping interests have stated that transhipment and the use of truck and rail to move the cargo currently transported on ocean-vessels would have a significant impact on air quality. Air emissions were compared across all three modes. But according to the study, for tonnage that does not move by alternative waterborne modes, the likely rail alternative is comparable to waterborne transportation on three pollutant categories, and the rail mode is actually significantly better than ocean on two pollutants.

As a result of the study, conservation and organized labor organizations issued a release saying they are reaffirming that, in the absence of stringent ballast water regulations, the cessation of ocean-vessel shipping on the Great Lakes can protect the Great Lakes ecosystem. Jennifer Nalbone, Campaign Director for Great Lakes United said, “Until the problem of aquatic hitchhikers is solved, ocean vessels do not belong on the world’s largest fresh water ecosystem. We will continue to work diligently in support of federal regulations, but research continues to emerge that shows the use of transportation alternatives and a cessation of ocean-shipping on the Great Lakes is a viable option.” The various interest groups issuing the release included: Great Lakes United; Canadian Auto Workers Local 1520; and the Healing Our Waters-Great Lakes Coalition.

Access an announcement of the recent study (click here). Access links to both reports and related information (click here). Access a release from the interest groups (click here).

Minnesota Pursues Ballast Water Permit Program

Apr 8: The Minnesota Pollution Control Agency (MPCA) has scheduled two informational meetings to gather public input on a working draft of a permit to regulate ballast water discharges from commercial ships into Lake Superior. The meetings will be held at the MPCA St. Paul office board room on April 15 from 2 to 4 PM. The second meeting will be held at the MPCA Duluth office on April 16 from 10 AM to noon. MPCA said it is holding discussions as part of a larger, four-month public-input process resulting in a final ballast water permit that would be available by September 30, 2008.

The permit would require commercial ocean-going and Great Lakes-only vessels to obtain a National Pollutant Discharge Elimination System/State Disposal System permit prior to discharging ballast water into State waters. Minnesota and U. S. EPA NPDES/SDS permit rules currently exempt ballast water from permit requirements. The MPCA permit would likely require best management practices and specific performance standards for the discharges. For example, a ballast water performance standard might specify an allowable number of living detectable organisms per cubic meter of water. Currently, Federal law does not regulate ballast water discharges and existing Federal ballast water management requirements and policies have not been effective in preventing biological invasions in the Great Lakes.

Access a release with further details on the meetings (click here). Access the MPCA Vessel Discharge Program website for extensive information and background on the ballast water permit efforts (click here).

Meetings Will Present Findings On Upper Great Lakes Water Levels

Apr 3: Public advisors to a binational study of Great Lakes water levels announced that three public meetings will be held in Michigan this spring. The meetings are scheduled for Bay City on April 28; Port Huron on April 29; and Muskegon on May 3. In February two public meetings were held in the Detroit area [See WIMS 2/6/08].

At the meetings, experts from the International Upper Great Lakes Study (IUGLS) will present the latest scientific findings and provide current information about water levels. They will also briefly outline the structure and purpose of the Study and review a history of water level regulation in the Great Lakes. The presentation will stress the importance of public input to the Study process and the need for interested individuals and organizations from throughout the basin to participate. Attendees will have an extensive opportunity to present their views and ask questions.

The initial focus of IUGLS is whether possible physical changes in the St. Clair River are contributing to near record low levels in the upper Great Lakes. More broadly, the Study is examining whether regulation of outflows from Lake Superior might be improved to take into consideration changing climate and evolving interests of property owners, the environment, local governments, the shipping sector, and the recreation/tourism industry. IUGLS was launched by the International Joint Commission (IJC) of the U.S. and Canada in March of 2007. While the overall project has a five year timeline, a final report regarding the St. Clair River question is due in June of 2009. The study area includes lakes Superior, Michigan, Huron and Erie, and their interconnecting channels (St. Mary's River, St. Clair River, Lake St. Clair, Detroit River and Niagara River), up to Niagara Falls.

Access a release with details on the locations and times of the meetings (click here). Access the IUGLS website for details and further information (click here).

New Great Lakes Legislative Caucus Website

Mar 26: The Great Lakes Legislative Caucus has launched a new website which they say will better serve state lawmakers interested in issues related to Great Lakes protection and restoration. The Caucus operates as part of the Midwestern Office of The Council of State Governments (CSG) which provides staffing services and funding for the caucus is provided by the Joyce Foundation. The Great Lakes Legislative Caucus is a nonpartisan group of state and provincial lawmakers from eight U.S. states (Illinois, Indiana, Michigan, Minnesota, New York, Pennsylvania, Ohio and Wisconsin) and two Canadian provinces (Ontario and Quebec). Michigan Senator Patricia Birkholz (R) serves as chair of the caucus.

Highlights of the website include: 1) links to the caucus's Great Lakes state and federal legislative trackers, 2) maps of the Great Lakes basin's state and federal legislative districts, as well as a list of legislators representing the basin, 3) a page devoted to information on upcoming caucus events and activities, 4) a recap of the latest news impacting the Great Lakes and the legislators who represent it, 5) and a forum for caucus members to exchange ideas with one another.

The Caucus has announced is planning to hold two regional teleconferences. The first call will be held April 25 and will focus on Great Lakes water quality and pollution prevention efforts. The second conference call will be held May 19 and will feature a presentation by the Brookings Institution's John Austin, who will examine the role that Great Lakes protection and restoration can play in strengthening the region's economy. Additionally, on June 13 and 14, the Great Lakes Legislative Caucus will meet in Chicago where legislators will have the chance to learn more about key Great Lakes-related environmental issues and policy trends. At the meeting, legislators also will have the chance to learn from and work with one another on state strategies to protect the lakes. The event will include a mix of programming and discussion opportunities.

Access the Great Lakes Legislative Caucus website (click here). Access a release with further details on the upcoming events of the Caucus (click here). Access the Midwestern CSG website (click here).

Brookings Institution Report On Great Lakes Economic Leadership

Mar 28: The Brookings Institution has issued a new report entitled, The Vital Connection: Reclaiming Great Lakes Economic Leadership in the Bi-National U.S.-Canadian Region.

The report recommends the following: establishing a bi-national innovation fund that targets investment and research in next-generation energy technologies, the science of the Great Lakes, and areas such as advanced manufacturing and medical health; enhancing and marketing the "Freshwater Coast" with a deeper investment in Great Lakes restoration and the establishment of a new Great Lakes Coastal Development Authority; improving the movement of goods along the U.S.-Canada border; creating a common market in the Great Lakes region for human capital and commerce; and setting and meeting renewable energy standards and carbon-reduction goals.

According to the report, "The bi-national Great Lakes region can continue to model what economic regions will look like in the global economy -- and also how they can thrive. To realize this vision will require leadership and purposeful actions that acknowledge the unique opportunities provided by the Great Lakes economy. Only the U.S. president and Congress, along with the Canadian prime minister and Parliament, can promote understanding of the economic opportunities to be realized. Working together, and working with federal leadership, the opportunity is real for the Great Lakes region to forge a new economic leadership position, and serve anew as a model for world economic and social innovation."

Access the complete 28-page report (click here). Access a presentation to Canadian officials (click here). Access the Brookings the Great Lakes Economic Initiative website (click here).

Great Lakes Attorneys General Support State Ballast Regulations

Mar 20: Six Great Lakes state attorneys general have filed an amicus brief defending the right of states to protect their natural resources from aquatic invasive species. The brief specifically voices support of the Michigan regulations for ocean-going ships. The rules, based on a 2005 law, are the focus of a federal lawsuit now being heard by the U.S. Court of Appeals for the Sixth Circuit. A U.S. district court judge ruled in favor of the Michigan law last year. Legislation has been introduced in several Great Lakes states to follow Michigan's lead on ballast water regulations. In addition, state regulators in Minnesota and Wisconsin are considering the adoption of statewide ballast water rules. Minnesota Attorney General Lori Swanson, on February 26, 2008, led the coalition of six Great Lakes attorneys general in filing the brief.

Michigan issued its first 10 Ballast Water Control General Permits in February 2007, under its law that went into effect January 1, 2007, and is designed to prevent the introduction of invasive species into the Great Lakes. Under the controversial new law, oceangoing ships must obtain a permit from MDEQ in order to use Michigan ports. Permits are issued only if the applicant demonstrates that they will either not discharge ballast water or will use one of four approved environmentally sound technologies and methods to prevent the discharge of aquatic invasive species.

On August 15, 2007, in the case of Fednav et al., v. Steven E. Chester, et al (U.S. District Court, Eastern District, Southern Division, Case No. 07-cv-11116), U.S. District Judge John Feikens ruled that Michigan's Ballast Water Statute, (Mich. Comp. Laws § 324.3112(6)), is constitutional and dismissed a lawsuit by nine shipping companies and associations that had challenged the new State law [See WIMS 8/16/07].

Access an release from the Great Lakes Legislative Caucus with links to Minnesota Attorney General announcement (click here). Access the complete 32-page opinion from Judge Feikens (click here). Access legislative details for PA 33 of 2005 (click here). Access the Michigan Ballast Water Reporting website for extensive background information (click here). Access a Sea Grant Law Center legal review white paper (click here).