Monday, August 11, 2008

Report On Water Conservation & The Compact

Aug 5: Environment Michigan (EM) issued a new report on water efficiency to boost its case for the Great Lakes Compact that is moving in Congress. The report -- Using Water Wisely -- calculates that six Southwestern states could save as much as 1.86 trillion gallons of water per year by dramatically improving efficiency of water use. The Soutwestern states include: Arizona, Colorado, Nevada, New Mexico, Texas, and Utah. EM says the Compact would both bar Great Lakes water from being transferred to places like the Southwest and require states in the Great Lakes region to practice water efficiency and conservation themselves.

John Rumpler, Environment Michigan’s Great Lakes program director said, “This finding of huge efficiency potential supports the Great Lakes Compact in two ways. First, it decisively shows that, with a little discipline and ingenuity, the Southwest can meet its own water needs, without siphoning from our Lakes. And second, it shows that here at home, there’s tremendous potential for us to conserve water -- thereby protecting the Lakes’ ecology while allowing for further economic growth.”

The report documents potential water savings in key sectors of the economy -- including agriculture, residential, commercial, and power generation. For example, the fast-growing city of Denver, CO is expected to save 1.5 million gallons of water per year with a program that pays businesses to switch to water-saving technologies. In other instances, mandatory standards could reduce water waste even more dramatically. The report says that by using existing water efficiency technologies and adopting effective programs to conserve water regionwide, six states in the Southwest could save as much as 5.7 million acre-feet of water per year.

Access a release from Environment Michigan (click here). Access a summary and link to the complete 29-page report (
click here).

Friday, August 8, 2008

Utilities Settle For $105 Million In Cooling Water Dispute

Aug 6: A three-year legal battle over the water intake structure at the Elm Road Generating Station (ERGS) in Oak Creek, Wisconsin, ended with a settlement agreement that will provide $100 million for Lake Michigan protection projects over a 25 year period and take significant steps to address global warming including a $5 million investment.

Mark Redsten, executive director at Clean Wisconsin, the state's largest environmental advocacy organization.Mark Redsten, executive director at Clean Wisconsin, the State's largest environmental advocacy organization said, "This settlement provides the long-term commitment of resources necessary to help find solutions to many of the issues Lake Michigan faces today." Clean Wisconsin and the Sierra Club filed suit after the Department of Natural Resources (DNR) issued a permit allowing the use of a once-through cooling system at the coal-fired power plant. The organizations held that once-through cooling did not represent the best available technology for cooling the plant and thus should not be permitted. Under the settlement agreement, the groups will withdraw all legal opposition to the permit.

We Energies, Madison Gas & Electric and Wisconsin Public Power announced a significant new commitment to environmental initiatives. They include reductions in greenhouse gases, investments in additional renewable energy resources, funding to protect Lake Michigan’s ecosystem and the retirement of older, less-efficient generation. Gale Klappa, chairman, president and chief executive officer of We Energies said, “Coupled with other initiatives we have under way, our three utilities are taking a leadership role in providing cost effective energy, maintaining fuel diversity and protecting the environment.

The commitments announced include:

  • Greenhouse gas emission reductions – Support legislation to increase Wisconsin’s Renewable Energy Standard to 10 percent by 2013 and 25 percent by 2025, as found in the Final Report of the Governor’s Global Warming Task Force
  • Long-term reduction of greenhouse gas emissions – invest $5 million to implement projects consistent with the Final Report of the Governor’s Global Warming Task Force
  • Biomass generation – seek regulatory approval to construct 50 megawatts (MW) of non-food crop biomass generation in Wisconsin
  • Solar generation – seek regulatory approval for 15 MW of new solar generation which would be developed by providing incentives for customers to install solar capacity, purchasing solar energy output from other generators or constructing solar generation facilities
  • Protect Lake Michigan – seek regulatory approval to dedicate $4 million annually for 25 years toward projects that will address water quality issues in Lake Michigan such as invasive species, polluted runoff, toxic loadings and habitat destruction
  • Retire older less-efficient coal – retire an additional 116 MW of coal capacity from two generating units at the Presque Isle Power Plant in Marquette, Michigan by no later than the end of 2012
  • Conservation and energy efficiency for public buildings – invest in energy efficiency projects for public buildings that are consistent with the recommendations of the Governor’s Global Warming Task Force
  • Reporting of greenhouse emissions – provide useful information to customers and the public regarding annual greenhouse gas emissions

Access a release from We Energies (click here). Access a release from Clean Wisconsin (click here).

Wednesday, August 6, 2008

Groups Want Senate Action On Ballast Water Controls

Aug 5: A number of major Great Lakes environmental and conservation organizations are calling on the U.S. Senate to quickly pass Federal legislation [The Coast Guard Authorization Act (H.R. 2830)] to address the serious and ongoing threat of invasive species. The groups indicate that the Great Lakes will remain vulnerable to aquatic invasive species if a weak EPA permit goes into effect. On April 24, by a vote of 395-7, the House of Representatives approved H.R. 2830 [See WIMS 4/28/08]; however, the Senate failed to act on the measure before leaving on its 5-week summer recess and will not return until September. Title V of 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. All ships would be required to have treatment systems installed by 2016.

EPA proposed its permit on June 17, following two court decisions finding that the agency has for more than 30 years illegally exempted ballast water discharges from its Clean Water Act discharge permit program [
See WIMS 7/24/08]. Under the proposed permit ocean vessels entering U.S. waters would have to exchange their ballast or perform a saltwater flush of empty ballast tanks in the open ocean for the next five years. This practice is already in place for vessels entering the Great Lakes- St. Lawrence River. The permit is set to go in to effect September 30.

Jennifer Nalbone, campaign director of navigation and invasive species for Great Lakes United said, “The EPA permit delays any serious solution to this problem for the foreseeable future. The quickest way to improve protections is by passing ballast water legislation currently stalled in the U.S. Senate. That legislation will require technology installation onboard vessels as early as next year.”

In written comments, the groups assert that the EPA needs to revise the permit to meet water quality standards. The groups also assert that the agency does not have the authority to issue a general permit. They say "EPA has delegated to the states the ability to administer Clean Water Act discharge permit program." While the groups maintain that the quickest way to gain new protections is through Congressional action, they nevertheless are pursuing all opportunities to put in place strong, national protections and want the EPA to revise the weak permit because the federal agency has not delegated authority to every state and a strong permit can serve as a model for state programs.


The groups include: Alliance for the Great Lakes; Great Lakes United; Indiana Wildlife Federation; League of Ohio Sportsmen; Michigan United Conservation Clubs; Minnesota Conservation Federation; National Wildlife Federation; Ohio Environmental Council; Prairie Rivers Network; Save The River; Tip of the Mitt Watershed Council; and Wisconsin Wildlife Federation.

Access a lengthy release from the Great Lakes groups (
click here). Access the groups' comments (click here). Access the EPA docket to review all comments and background information on the Commercial Vessels and Large Recreational Vessels (VGP) (click here). Access legislative details for H.R. 2830 (click here).

Annual Meeting For The U.S. Areas of Concern

Aug 5: U.S. EPA's Great Lakes National Program Office; the Great Lakes Commission; and the Michigan Department of Environmental Quality have announced the annual meeting for the U.S. Areas of Concern (AOCs). The meeting will be held September 24-25, 2008, at Kensington Court, Ann Arbor, Michigan and will convene participants from the 30 U.S. AOCs to review recent developments affecting the sites of contamination.

The meeting will feature more than 40 presentations on activities underway in the U.S. Great Lakes Areas of Concern on the following major topics: Current status and future direction for the U.S. AOC program; Great Lakes Legacy Act and contaminated sediment cleanups in the AOCs; Progress in establishing restoration targets and delisting the AOCs; Fish and wildlife restoration efforts in the AOCs; Capacity building and sustainability for local RAP groups; and Communications and advocacy.

Access complete meeting details and registration information (
click here).

Monday, August 4, 2008

Senate Approves Compact; Stupak Wants Public Trust Answers

Aug 1: U.S. Senators Carl Levin (D-MI), and George Voinovich (R-OH), co-chairs of the Senate Great Lakes Task Force, praised the passage of the Great Lakes – St. Lawrence River Water Basin Resources Compact by unanimous consent in the Senate [See WIMS 7/30/08]. The joint resolution, S.J.Res. 45, now goes to the House of Representatives for consideration. Once passed by the House, the joint resolution goes to the President for his signature. President Bush has already signaled his support for the Compact resolution [See WIMS 7/29/08].

Senator Levin said, “We are temporary stewards of this unique national treasure, the largest fresh water system in the world. Senate passage of this Compact will help us protect the Great Lakes from water diversions and preserve this invaluable resource for future generations. Sensible conservation goals in water use will ensure that our children and great grandchildren benefit from the Great Lakes as we do.”

In 2000, Congress passed legislation directing the governors of the Great Lakes states -- Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin -- to negotiate a water management agreement. In 2005, the eight Great Lakes governors, in coordination with the Canadian Premiers of Ontario and Quebec, completed negotiations on the Great Lakes-St. Lawrence River Basin Water Resources Compact.

Each of the eight Great Lakes legislatures considered and approved the Compact, which is designed to protect the Great Lakes through better water management, conservation and public involvement. Congress must pass the joint resolution before the Great Lakes-St. Lawrence River Water Basin Water Resources Compact can achieve full force and effect as an interstate compact. The House of Representatives is expected to consider the joint resolution when it reconvenes in September.

While most major environmental, conservation and local government organizations are supporting the Compact, there are still concerns from some regarding the public trust doctrine issue and its relationship to international trade agreements such as NAFTA and GATT [
See WIMS 7/23/08]. On July 30, U.S. Representative Bart Stupak (D-Menominee, MI) requested comment from two federal agencies and the International Joint Commission (IJC) on the Great Lakes Compact. In letters sent to the U.S. Department of State, U.S. Trade Representative and the IJC, Stupak asked for response to concerns that have been raised regarding the commercialization of Great Lakes water and the possible applicability of international trade law if the compact were to be enacted.

Stupak wrote, “As the largest body of freshwater in the world, it is imperative that legal protection at the state and federal level work to preserve and restore the quality and quantity of Great Lakes water. While I understand that a dispute of this nature has not occurred historically, I am seeking to clarify if international trade law and obligations will have any jurisdiction should we enact the compact into federal law. . . Ratifying the compact could allow Great Lakes water to no longer be held within the public trust and instead be defined as a product for commercial use. I want to thoroughly understand the lasting impact this compact could have on Great Lakes water for years to come. It took the governors more than three years to get this done, so it is not unreasonable for Congress to take the time necessary to make sure we are not opening the door for the commercialization Great Lakes water.”

Access a release from Senator Levin (
click here). Access a release from Representative Stupak and link to the letters (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).