Viral Hemorrhagic Septicemia Interim Regs Delayed

Oct 28: The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) issued a Federal Register notice [73 FR 63867] to delay the effective date of its interim regulations announced on September 9 [[73 FR 52173-52189, See WIMS 9/9/08] to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia (VHS), the highly contagious disease of certain fresh and saltwater fish.

APHIS indicated that the interim rule which was scheduled to become effective on November 10, 2008, will be delayed until January 9, 2009. The delay will provide APHIS with time "to consider all comments and make some adjustments to the interim rule that may be necessary in order to successfully implement it."

In its notice to delay the effective date, APHIS said, "Since publication of the interim rule, we have received comments that address a variety of issues. These issues include the feasibility of the requirement in the interim rule for a visual inspection of regulated fish 72 hours prior to shipment, the provision that Interstate Certificates of Inspection allowing interstate movement of live fish will be valid for 30 days from the date of issuance, and the provision that laboratory testing is valid for 30 days from the date of sample collection for fish held in a water source that is not a secure water source.

"Based on our review of the comments received to date, we consider it advisable to delay the effective date of the interim rule from November 10, 2008, until January 9, 2009, while retaining November 10, 2008, as the close of the comment period for the interim rule and October 9, 2008, as the close of the comment period for the environmental assessment. This additional time will allow APHIS to consider all comments and make some adjustments to the interim rule that may be necessary in order to successfully implement it."

In its original Interim Rule announcement, APHIS indicated that ballast water is a potential pathway for VHS virus; however, APHIS said it "has neither the regulatory authority nor the technical expertise to safely regulate ballast water discharge. Therefore, we do not address ballast water in this interim rule. APHIS will assist the U.S. Coast Guard, which has clear regulatory authority for ballast water, in their development of ballast water discharge standards."

Access the FR announcement (click here). Access the docket for this action to review and submit comments and access documents including the EA and economic assessment (click here). Access a list of species regulated by the order (click here).

Great Lakes Regional Collaboration Public Call Summary

Oct 28: The Great Lakes Regional Collaboration (GLRC) Executive Subcommittee has posted a summary of the discussions held on September 17, 2008, during its public call [See WIMS 9/12/08]. The call included discussions of ongoing and planned activities of the GLRC and news about actions to implement the GLRC Strategy to Restore and Protect the Great Lakes.

Topics for discussion included: Update on GLRC Initiatives; Future actions on GLRC Initiatives; and Updates by Stakeholders. Persons wishing to participate should RSVP as indicated in the details on the public call (See link below). Updates of the updates on the Great Lakes Regional Collaboration Initiatives including: Toxics, Wetlands, Beaches, and Aquatic Invasives are also available on the website.

Access the 5-page summary of the call including a listing of those participating (click here). Access the GLRC website for links to updates on initiatives and additional information (click here).

State Of the Lakes Ecosystem Conference Live Webcast

Oct 17: The State of the Lakes Ecosystem Conference (SOLEC) on October 22 - 23, will be video webcast live (Windows Media Player required). The SOLEC conferences are hosted by the U. S. EPA and Environment Canada on behalf of the two Countries every two years in response to the binational Great Lakes Water Quality Agreement. The conferences are intended to provide a forum for exchange of information on the ecological condition of the Great Lakes and surrounding lands. A major purpose is to reach a large audience of people in the government (at all levels), corporate and not-for-profit sectors who make decisions that affect the lakes.

Held in even numbered years, the conferences are the focal point of a process of gathering information from a wide variety of sources and engaging a variety of organizations in bringing it together. In the year following each conference the Governments have prepared a report on the state of the Lakes based in large part upon the conference process.

Highlights for Wednesday, October 22, "State of the Great Lakes" (starting at 9 AM Eastern time): Contaminants, Biotic Communities and Invasive Species; Coastal Zones and Aquatic Habitats; Human Health, Land Use, Resource Utilization, and Climate Change; Keynote Speaker – Thomas Homer-Dixon; Impacts of Changing Land Use; Nearshore Terrestrial Ecosystems Coastal Wetlands; and Nearshore Waters - biological, physical, chemical features.

Highlights for Thursday, October 23 "Ecosystem Status Reports: Lakes and Connecting Channels" (starting at 7:30 AM Eastern time): Lake Superior – Non-native species; Lake Michigan – Botulism; Lake Huron – Beaches and Recreational Water Quality; St. Clair-Detroit River Connecting Channel - Nutrients and algal blooms; Lake Erie – Nutrients and Harmful Algal Blooms; Niagara River – Contaminants; Lake Ontario – Impacts of Water Levels; and Keynote Speaker Peter Annin – "Great Lakes Water Wars."

Access a detailed agenda and webcast information (click here). Access the SOLEC website for more information (click here). Access the Binational SOLEC website for additional information (click here).

Local Chambers Launch Great Lakes/Midwest Regional Agenda

Oct 15: The Great Lakes Region Coalition (GLRC), a coalition of over 30 chambers of commerce and 94,000 job providers, has launched an initiative promoting an aggressive Federal legislative business agenda for growing the Midwest region’s economy, creating jobs and attracting investment for states in the Great Lakes area. GLRC notes that Great Lakes region, which is an important political battleground in the presidential election, makes up about a third of the nation’s overall economy and represents a third of the country’s population.

The coalition agenda includes the following business priorities: Improving the Midwest’s transportation infrastructure; Creating a more open and secure border with Canada; Adopting a comprehensive immigration policy; Diversifying the region’s economy by boosting innovation and entrepreneurship; and Harnessing the Great Lakes’ economic potential. Richard Blouse Jr., president and CEO for the Detroit Regional Chamber said, “In the global economy, regions are competing for business and jobs. The Midwest states are working together to aggressively grow jobs and attract investment.”

GLRC members said, "What is good for the Midwest is good for the United States. . .As the presidential candidates vigorously campaign for votes in these swing states, they need to hear from the employers creating jobs and growing businesses on how best to strengthen the region’s economy. . . Midwestern states are leading exporters for the U.S. and improving the region’s economic standing will strengthen the nation’s role in the global economy.”

The agenda further calls for renewing and leveraging the "Great Lakes and our natural attributes to transform the economic region by supporting business development and research opportunities compatible with fresh water technology, and water-based development, while protecting and improving both the supply and the quality of water for use in our region without diversion." The group is advocating the completion of the proposed Great Lakes Restoration plan now pending before Congress.

GLRC has defined a new Great Lakes/Midwest Region including all or parts of twelve states -- New York, Pennsylvania, Ohio, West Virginia, Kentucky, Michigan, Indiana, Illinois, Missouri, Iowa, Wisconsin and Minnesota. The initiative evolved from the Summit of Metropolitan Chambers of Commerce in the Great Lakes states, held in February, 2008. The Summit was the first of its kind in the region and was motivated by the desire of leaders of business communities in the Great Lakes region to develop a shared economic policy and advocacy agenda that reflects the common economic interests of the Great Lakes/Midwest region and addresses the opportunities that lie ahead. More than 45 CEOs and staff from 30 chambers and other business groups attended the summit, as did key staff from the Brookings Institution Metropolitan Policy Program.

The agenda says that the Federal government should seek to partner with public and private research organizations in the Great Lakes and calls for increased Federal support of research and development in the Great Lakes states focusing on: Clean energy; Sustainable transportation; Clean and abundant fresh water; High quality environmental conditions; and Forward-looking life sciences and health care. Further, the agenda states: "The recent ratification of the Great Lakes Compact and passage of the Great Lakes Legacy Act are major milestones in the life of the lakes and recognition of the vital role they will play in the region’s future. However, there is more to do."

Specifically the agenda calls for implementation of the Great Lakes Restoration Strategy; providing funding of $13.75 billion of the estimated $26 billion to address Great Lakes needs including:Aquatic invasive species, Habitats and conservation, Coastal health, Areas of concern, Non-point sources, Toxic pollutants, Sustainable development,cr Indicators and information. Additionally, the Federal government should establish programs to control untreated ballast water from ocean-going vessels; to rebuild the region’s water and sewer infrastructure; provide adequate matching resources to eliminate combined sewer overflows and storm water runoff; provide resources to meet federal air quality standards; legal support for the Clean Air Interstate Rule (CAIR); and increased funding for the Diesel Emission Reduction Act.

Access a release from the Detroit Regional Chamber (click here). Access the 9-page business agenda and list of participating chambers (click here).

Alberta Oil Sands & The Great Lakes Basin

Oct 8: The Program on Water Issues at the Munk Centre for International Studies, University of Toronto held a conference today (October 8) entitled, How the Oil Sands Got to the Great Lakes Basin: Pipelines, Refineries and Emissions to Air and Water. A record of the conference proceedings, including questions and answers, will be uploaded to the Program on Water Issues website following the event.

The conference announcement indicates that refineries in the Great Lakes Basin are rapidly expanding to accommodate crude oil from the Alberta oil sands. The conference is intended to provide an opportunity, in a university setting, to inform public opinion about the impacts of refinery expansion in the Basin, drawing on data analysis, shared information and public discussion. Emphasis will be placed on the cumulative effect of refinery expansions on water quality, air quality and human and non-human downwind communities in the Basin. The conference will provide a bilateral opportunity for interactive public comment and dialogue from experts involved in a wide range of disciplines. The conference begins with a presentation of the Conference Paper by the author, journalist David Israelson. Panel members representing government, environmental sciences, law, non-government organizations, academia, industry and the business community will share points of view on issues relating to the refinery expansion.

Access the Program on Water Issues website for complete information (click here). Access the Conference Paper (click here).

Electric Fish Barrier Fraught With Problems

Oct 5: A lengthy and detailed article by Dan Egan in the Milwaukee Journal Sentinel explores the myriad of problems associated with the $9 million electric fish barrier in the Chicago Sanitary and Ship Canal designed to halt the advance of the Asian Carp from reaching Lake Michigan. Fraught with delays, cost overruns and potentially project-busting safety concerns the barrier remains nonoperational. New concerns about potential electrification of barge workers or possible sparks and electrical currents reaching flammable barge loads cannot apparently be disproven. In the meantime, the giant Asian Carp continues to advance within a two-day swim of Lake Michigan and 15 miles from the new barrier.

According to the article, "The carp, meanwhile, are thriving in the region's rivers by the tens of millions. They can be found about 45 miles downstream from Lake Michigan, squeezing aside native fish populations and ruining rivers for recreation because of their penchant for porpoising out of the water and battering boaters."

Access the complete article (click here).

President Bush Signs Great Lakes Compact Into Law

Oct 3: The Council of Great Lakes Governors (CGLG) applauded President George Bush for signing a joint resolution of Congress (S.J. Res. 45), providing consent to the Great Lakes-St. Lawrence River Basin Water Resources Compact. The President’s action marks the final step in the Compact’s approval process thus enabling these historic protections to become law. In December 2005, following a nearly five-year negotiation, the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin reached agreement on the Compact.

CGLG said, "The Compact provides a comprehensive management framework for achieving sustainable water use and resource protection. The eight Great Lakes States reached a similar, good faith, agreement with Ontario and Québec in 2005, which the Provinces are using to amend their existing water programs for greater regional consistency." During 2007 and 2008, each of the eight Great Lakes State legislatures ratified the Compact. Legislative approval was completed by the U.S. Senate on August 1, 2008, and by the U.S. House of Representatives on September 23, 2008.

Access a release from CGLG (click here). Access legislative details for S.J.Res.45 (click here). Access the CGLG Compact website for extensive information (click here). Access various WIMS-Great Lakes Environment Blog post on the Compact (click here).

EPA Amends BP Whiting CAA Violation Notice

Oct 2: U.S. EPA Region 5 has issued an amended notice and finding of violation to the BP Products North America for alleged Clean Air Act (CAA) violations at the company's petroleum refinery at 2815 Indianapolis Blvd., Whiting, IN. The action amends a notice and finding of violation issued to the BP Whiting refinery in November 2007 alleging BP violated the Clean Air Act by failing to get a permit when it modified one of its cracking units in 2005 [See WIMS 11/30/07].

EPA said it now has information suggesting that BP may have begun a project to process Canadian crude oil at the refinery in 2005 without the proper permit. BP received its construction permit for the project from the Indiana Department of Environmental Management on May 1, 2008 [See WIMS 6/2/08]. EPA notes that these are preliminary findings of violation. BP has 30 days to request a meeting with EPA to discuss resolving the allegations.

On July 9, 2008, the Natural Resources Defense Council (NRDC) filed a federal challenge to air permits given by the State of Indiana to the BP Whiting refinery. The case argues that BP and IDEM have not properly accounted for increases in dangerous pollution that will result from the refinery expansion [See WIMS 7/14/08]. NRDC is challenging the facility’s construction permits in the Hammond Division of the Northern District of Indiana Federal court.

Access a release from EPA (click here). Access information from IDEM on the Air Permits (click here).

Great Lakes Water Conference November 14

Oct 2: The University of Toledo College of Law and its affiliated Legal Institute of the Great Lakes will hold their 8th annual Great Lakes Water Conference on Friday, November 14, 2008 at the University of Toledo College of Law. This year’s panels of experts will focus on Implementing the Compact, Transboundary Pollution (featuring a recent suit by a Canadian citizen against a Michigan power plant as a case study), and Groundwater Rights (and Wrongs) (providing context for understanding groundwater rights and Ohio’s proposed constitutional amendment). The keynote speaker will be Commissioner Sam Speck of the International Joint Commission. The conference is free to the public, and attorneys can earn 4.5 hours of CLE credits for $50.

Access an announcement (click here). Access a brochure, registration information and links to previous conferences (click here).

Groups Seek Signatures For Toxics-Free Great Lakes Pledge

Oct 2: Environmental groups are asking the leaders of the Canadian Federal parties to put their name to a pledge to make toxic pollution in the Great Lakes region a top priority. They said the Pledge for a Toxics-Free Great Lakes establishes the first steps for cleaning up the Great Lakes. The groups include: Canadian Environmental Law Association; Great Lakes United; and Ecojustice.

Specifically, the pledge asks leaders to: (1) Support the vision of the Great Lakes Water Quality Agreement, signed by Canada and the United States, to work toward the elimination of persistent toxic substances in the Great Lakes-St. Lawrence River Basin. (2) Support the call for zero discharge of persistent toxic chemicals and other toxic substances in the Great Lakes-St. Lawrence River ecosystem by: Establishing a phase out and elimination strategy for toxic substances; applying a reverse onus that will require chemical users, manufacturers, importers and sellers to demonstrate safety of chemicals before use; assessing and implementing safe alternatives; and applying the precautionary principle. (3) By 2012, complete all actions need for delisting 10 Areas of Concern, and all actions completed for the remaining Areas of Concerns in Canada by 2015. (4) Create a Great Lakes Clean Water Infrastructure fund to upgrade and 'green' municipal wastewater and stormwater infrastructure.

Access a release (click here). Access links to background information, the pledge and find out who signs it (click here).

USGS Reports On Lake Michigan Damage From Hurricane Ike

Sep 30: A release from the U.S. Geological Survey (USGS) indicates that although Hurricane Ike is long gone, its impact lingers more than a thousand miles from where it made landfall. Runoff from tributaries dumped massive amounts of sediment into Lake Michigan, contaminating the water, compromising near-shore navigation and raising E coli bacteria to levels unsafe for swimming. Richard Whitman, a USGS expert on beach health said, "The local effects that Ike had on Lake Michigan's Indiana shoreline, water depth, and water quality have been profound."

While assessing Ike's impact on the lake, Whitman noted that, "The velocity and height of a tributary emptying into Lake Michigan at Portage, Indiana went off the chart. We measured a tremendous amount of sediment accumulation Near Ogden Dunes." USGS uses high tech, state-of-the-art equipment in the lake to measure runoff, the lake's currents, and sediment input during storms. These data are used to forecast whether a beach is unsafe for swimmers. Beaches are subject to high bacteria levels following storms. Heavy rains from Ike significantly impacted northwestern Indiana and Chicago because the ground was already saturated by a stalled cold front.

Access a release from USGS with links to videos, pictures, and real-time data (click here).