WIMS. . . December 24, 2008

HAPPY HOLIDAYS!

 

From WIMS

 

We're on our Holiday break right now.

 

But, we'll be back on January 5, 2009

 

We wish you a happy Holiday Season!

New Vessel General Permit Compliance Delayed Until Feb. 6

On December 18, U.S. EPA announced a new 2008 Vessel General Permit (VGP) that would reduce releases of 26 types of discharges from vessels operating in U.S. waters [See WIMS 12/19/08]. The regulation affects, approximately 61,000 domestically flagged commercial vessels and 8,000 foreign flagged vessels that will need to comply with the permit. The VGP was to take effect on December 19, 2008; however, the U.S. District Court for the Northern District of California signed an order providing that "the exemption for discharges incidental to the normal operation of a vessel, contained in 40 C.F.R. § 122.3(a), is vacated as of February 6, 2009." Therefore, the regulated community need not comply with the terms of the new permit until February 6, 2009. More information on how the court order affects the "effective date" and other dates in the permit is available from the prepublication copies of the Federal Register Notices available from the website below.

Access extensive information on the Final Vessel General Permit including prepublication copies of the regulations and a fact sheet (click here).

EPA Announces New General Permit For Water Discharges

Dec 18: U.S. EPA announced a new general permit will reduce releases of 26 types of discharges from vessels operating in U.S. waters. Beginning December 19, approximately 61,000 domestically flagged commercial vessels and 8,000 foreign flagged vessels will need to comply with the permit. As a result of a court ruling, vessel owners and operators who have previously been exempt from Clean Water Act (CWA) requirements for the last 35 years will now require a permit starting December 19. EPA Assistant Administrator for Water Benjamin Grumbles said, “EPA met the deadline and delivered a protective and practical permit to protect the nation’s waterways from ship-borne pollution and to avoid an environmental and economic shipwreck." EPA said without the permit, all shipping within U.S. waters could come to a halt because of liability risks.

The permit covers non-recreational vessels 79 feet in length or longer, such as cruise ships or oil and cargo tankers, but excludes fishing vessels of any length, unless they discharge ballast water. The new permit incorporates the Coast Guard’s mandatory ballast water management and exchange standards, and provides technology-based and water-quality-based effluent limits for other types of discharges, including deck runoff from rain or cleaning, ballast water used to stabilize ships and “gray water” from showers, sinks and laundry machines. It also establishes specific corrective actions, inspections and monitoring, recordkeeping and reporting requirements. Earlier in the year, Congress responded to the court ruling in part by enacting a law to exempt recreational vessels from the permitting requirement and requiring further analysis and action by EPA and the Coast Guard.

Access a brief release from EPA (click here). Access extensive information on the Final Vessel General Permit (click here).

EPA Assessment Of U.S. Coastal & Great Lakes Waters

Dec 16: According to a release from U.S. EPA, the overall condition of the nation’s coastal waters has improved slightly, based on an environmental assessment based on data that is several years old. The National Coastal Condition Report III (NCCRIII) is the third in a series of environmental assessments of U.S. coastal and Great Lakes waters. The report is a collaboration of the EPA; the National Oceanic and Atmospheric Administration (NOAA); the U.S. Geological Survey (USGS); the U.S. Fish and Wildlife Service (FWS); coastal states; and the National Estuary Program. The report is based on data collected primarily in 2001 and 2002. The next National Coastal Condition Report is expected to be released in 2011 and will provide an assessment of the status of U.S. coastal waters from 2003 to 2006, along with trends in condition since the 1990s.

The report provides an assessment of America’s coastal conditions using five indicators of condition: water quality, sediment quality, benthic community condition (the health of the water’s bottom-dwelling invertebrate species), coastal habitat loss as indicated by changes in wetland area, and fish tissue contaminants. The overall condition of America’s coasts is rated as “fair,” based on the five indicators. Comparison of the condition scores shows that overall condition in U.S. coastal waters has improved slightly since the 1990s. Coastal conditions improved in the Northeast and the West, but there were slight decreases in conditions in the Southeast and Gulf of Mexico. The conditions in the Great Lakes and Puerto Rico remained the same.

The report rates the overall condition of the Great Lakes coastal areas as "fair to poor." The overall condition score is 2.2. The water quality and fish tissue contaminants indices for the Great Lakes are rated fair, the sediment quality index is rated poor, and the coastal habitat and benthic indices are rated fair to poor. The overall condition and index ratings were derived from indicator findings and the ecological condition of the St. Lawrence River, each of the five Great Lakes, and the St. Clair River-Lake St. Clair-Detroit River Ecosystem presented in the document State of the Great Lakes 2003 (Environment Canada and U.S. EPA, 2003). The next National Coastal Condition Report (NCCR IV) will present and discuss data presented in the report State of the Great Lakes 2005 (Environment Canada and U.S. EPA, 2005) to generate updated condition estimates.

Access the links to the complete 329-page report or individual sections and executive summaries (click here). Access the National Coastal Condition Reports website for background and additional information (click here). Access the 14-page Great Lakes section on the report (click here).

GLNPO Announced Great Lakes Funding Available

Dec 15: U.S. EPA's Great Lakes National Program Office (GLNPO) is requesting applications for an estimated $554,000 in funding for the following projects in approximately the amounts indicated: Lake Erie Forum Facilitation and Nutrient Reduction Projects - $150,000; Lake Michigan Forum Facilitation and Projects - $250,000; and Lake Superior Forum Facilitation and Projects - $154,000. Applications must be received or postmarked by midnight, Central Standard Time on February 9, 2009.

Access an announcement with details and links to complete information (click here). Access additional information on Great Lakes funding opportunities (click here).

Great Lakes Canadian & U.S. Mayors Outline Infrastructure Needs

Dec 12: Canadian and U.S. mayors passed a resolution that calls on the Canadian and U.S. national governments to prepare an urgent economic recovery package that accelerates public infrastructure investments, creates jobs and promotes a healthy and sustainable environment and economy in the Great Lakes and St. Lawrence region. Toronto Mayor David Miller, Founding Canadian Chair of the Great Lakes and St. Lawrence Cities Initiative (the Cities Initiative) said, "Canadian and U.S. Mayors agree that we need massive investments in public infrastructure that will both create jobs in the short term, and build essential infrastructure for a greener, cleaner economy into the future. The need is urgent and time is of the essence.”

The mayors of the Cities Initiative Board of Directors, gathering for their mid year meeting in Toronto, shared information on proposed economic recovery packages in Canada and the U.S. There was particular interest in President‐elect Barack Obama’s repeated commitment to invest in green infrastructure and innovation. Chicago Mayor Richard Daley, Founding U.S. Chair of the Cities Initiative said, “We need to lead by example by calling on our national governments to partner with cities to invest in infrastructure projects like sewer, water and transportation systems. These investments will not only benefit our region, but the Great Lakes and St. Lawrence economy, one of the most important regional economies in the world.”

At their meeting, the mayors examined ways to expedite the funding cities need to start construction on infrastructure projects, thus creating new jobs, in early 2009. Mayors agreed that a key to moving quickly was getting funding directly to cities, where projects are ready to be delivered without bureaucratic delays.

Access a release from the Mayors (click here). Access a media backgrounder (click here). Access the December 12 resolution (click here). Access more information from the Mayors website (click here).

New From The Great Lakes Regional Collaboration

Dec 10: As announced during the Annual Meeting, the Great Lakes Regional Collaboration (GLRC) [See WIMS 12/2/08], the website has added information about: A new Great Lakes Botulism Type E Coordination and Response Initiative and the Schedule for a series of Workshops across the Great Lakes in support of the Habitat/Wetlands Initiative. The website also contains the most recent status of all of the GLRC Initiatives. GLRC indicated it will publishing a summary of the meeting which should be posted on the website in the near future. The next GLRC Public Call meeting is scheduled for March 17, 2009 at 2 PM CST.

Access the botulism initiative (click here). Access the Habitat/Wetlands workshops schedule (click here). Access the GLRC Initiatives website (click here). Access the GLRC website more information (click here).

Great Lakes Fish & Wildlife Resources Funding

Dec 10: The Fish and Wildlife Service (FWS) is seeking pre-proposals for conservation projects to restore Great Lakes fish and wildlife resources and their habitats through its Great Lakes Fish and Wildlife Restoration Grants Program for Fiscal Year 2009. The program provides Federal grants on a competitive basis to states, tribes and other interested entities to encourage cooperative conservation, restoration and management of fish and wildlife resources and their habitat in the Great Lakes basin. The projects are funded under authority of the Great Lakes Fish and Wildlife Restoration Act of 2006. Pre-proposals are due on January 23, 2009.

Access a posted announcement and contact information (click here). Access more information about the program, the RFP and the pre-proposal form (click here).

Lake Erie Coordinated Science & Monitoring Funding

Dec 9: U.S. EPA's Great Lakes National Program Office (GLNPO) is requesting applications for an estimated $500 thousand in funding for the following projects in approximately the amounts indicated: Lake Erie Western Basin Algal Bloom Study ($100,000); Central and Eastern Basin Studies of nearshore/ offshore nutrient fluxes and interactions ($150,000); Lake Erie Bioavailable Phosphorus Studies ($100,000); Lake Erie Basin tillage and nutrient management study ($75,000); and Lake Erie Basin On-Farm Demonstration Projects ($75,000). Applications are due February 2, 2009 and must be postmarked or received by EPA or electronically through grants.gov by midnight CST.

Access the posted announcement with contact information (click here). Access the Request for Applications (click here).

Fednav et al., v. Steven E. Chester (MI DEQ)

Nov 21: In the U.S. Court of Appeals, Sixth Circuit, Case No. 07-2083. In the case of Fednav et al., v. Steven E. Chester, et al, the Appeals Court unanimously upheld the U.S. District Court, Eastern District, Southern Division decision of Judge John Feikens [Case No. 07-11116, See WIMS 8/16/07] that ruled that Michigan's Ballast Water Statute, Mich. Comp. Laws § 324.3112(6), is constitutional. The case challenging the Michigan law was brought by nine shipping companies and associations. Defendants in the case were Michigan Department of Environmental Quality (MDEQ) Director Steven Chester and Michigan Attorney General Mike Cox. Four environmental and conservation organizations intervened in the case supporting the State's position including: Michigan United Conservation Clubs (MUCC); Alliance for the Great Lakes (Alliance); National Wildlife Federation (NWF); and Natural Resources Defense Council (NRDC). . .

Access the complete article on the WIMS Environmental Appeals Court Blog (click here).

Great Lakes Regional Collaboration Annual Meeting

Dec 2: The Great Lakes Regional Collaboration (GLRC) has released the Agenda and Call-in information for the GLRC's Annual Meeting on December 10, 2008 from 10 AM to noon CST. The Agenda includes information on background and progress to date and will cover a brief review of stakeholder involvement process and a brief update on GLRC Initiatives (full descriptions are available online at the website below).

Access the complete Agenda with call in information, and additional instructions for participation (click here). Access the GLRC website for links to updates on initiatives and additional information (click here).

Comments Wanted On Mercury Emission Reduction Strategy

Nov 19: The Great Lakes Regional Collaboration (GLRC) Executive Committee directed that a Great Lakes Mercury Emission Reduction Strategy be developed with a goal of producing institutionalized activities to sustain mercury emissions reduction from unregulated sources, and regulated sources with potential for additional reduction. The Strategy should produce recommendations for state action, or available options for state action. It also directed that the group developing the strategy, solicit input from stakeholders on an ongoing basis using the existing Great Lakes Binational Toxics Strategy mercury workgroup.

A workgroup was formed in April 2008 to develop the Strategy. The workgroup has made significant progress towards the development of the draft Strategy, including developing a detailed table of contents, developing a detailed discussion about mercury emission sources, and the criteria for selecting source sectors that will be addressed in detail in the Strategy. The Strategy Team is seeking input on documents developed so far including the criteria document, and the source sector document. Input would be most helpful if submitted by December 19, 2008.

The work group members selected source sectors based on the criteria communicated in the June 17, 2008 memo to stakeholders. Selection was based on the following criteria: Total emissions within the Great Lakes states; Potential for high deposition within Great Lakes Basin (due to speciation profile) or high local emissions impact (because of big individual sources); Current availability of measures to achieve reductions; and Potential for future emissions growth from the sector.

Sources were further evaluated based on the following criteria: Are mercury emissions from the sector already being adequately addressed?; Do states have the ability to achieve reductions beyond what will be accomplished through existing/forthcoming regulations/programs?; and Are there cost-effective opportunities for additional reduction?

Access a posted request for feedback and comment (click here). Access the draft outline (click here). Access the criteria document (click here). Access the source sector document (click here). Submit contributions and comments to Alexis Cain (click here); and to Deb Jacobson (click here). Access the GLRC Toxics Pollutants Initiative website for additional information (click here).

Water "Product" Diversion Debate Goes On

Nov 18: The on-going debate over possible water diversion loopholes involving the definition of "product" and the 5.7 gallon exemption under the recently enacted Great Lakes Compact continues. An article by environmental writer John Flesher, published in the Traverse City Record Eagle reports on the coalition of groups led by Michigan Citizens for Water Conservation (MCWC) and their launch of a public education campaign in Traverse City on November 16, 2008 [See WIMS 11/5/08]. The drive is focused on plugging what the groups call a major loophole in the Great Lakes Compact that would allow waters of the Great Lakes to be diverted by private export and sale.

Jim Olson, water law attorney for MCWC said, “There is a giant loop-hole in the Great Lakes Compact diversion ban that just passed Congress. The ban doesn’t apply to water produced and put in a container. That means water placed in a container will be fair game for the engines of large corporations and their teams of lawyers under NAFTA and international trade law. Citizens, landowners, and businesses in Michigan need to know what’s happened so we can protect our water from future claims by outside interests.”

The article reports on others, including the National Wildlife Federation's Great Lakes office and the staff for the Council of Great Lakes Governors (CGLG) that crafted the compact, who believe the existing Compact language "provides ironclad protections" and indicate that the issue "was discussed at length" and experts were consulted when the Compact was drafted. Representative Bart Stupak (D-MI), one of the few legislators to vote against the Compact, is quoted as saying, "Anybody could run a semi-truck through these loopholes."

Access the Record Eagle article (click here). Access the Great Lakes Regional Body website for additional information (click here). Access agendas for both meetings (click here). Access the CGLG website (click here).

GLC Urges Stimulus Funding For Great Lakes Infrastructure

Nov 18: The Great Lakes Commission (GLC) is urging Congress to include funding for critical Great Lakes infrastructure needs in the economic stimulus package currently being developed. In correspondence sent this week to the Great Lakes Congressional delegation, newly elected Commission Chairman, Illinois Lt. Gov. Pat Quinn stated that, “now, more than ever, we have an opportunity to create jobs, stimulate economic development and protect and restore fresh water resources in the eight-state Great Lakes region.”

Recognizing the severe economic downturn affecting the Great Lakes region, Lt. Gov. Quinn emphasized that the Great Lakes are a vital economic asset for the region. The Commission highlighted four critical areas where the economic stimulus package could support large-scale infrastructure projects that can be implemented in 2009 to stimulate job growth and strengthen the regional economy.

Projects areas outlined included: Repair and upgrade failing wastewater infrastructure by providing $6.5 billion to the Clean Water State Revolving Fund, with $2.4 billion for the eight Great Lakes states; Implement toxic sediment cleanup projects by providing $250 million for the Great Lakes Legacy Act; Begin construction of a new large lock at Sault Ste. Marie, Michigan with $100 million for the U.S. Army Corps of Engineers; and Eliminate the backlog in dredging Great Lakes ports, navigation channels and recreational harbors by providing $125 million to the U.S. Army Corps of Engineers.

Access a release from GLC with further details and link to the complete letter (click here).

Lake Michigan Monitoring Meeting Webcast

Nov 14: The Lake Michigan Monitoring Coordination Council Fall 2008 Meeting addressing The Lake Michigan Nearshore: Monitoring Gaps & Plans to Address Them, is being held at the Marina Grand Resort in New Buffalo, MI on November 18-19, 2008. A live video webcast will be available starting 1:00 PM Eastern time on the 18th.

The draft Agenda. features the following topics: National Water Quality Monitoring Council Update; Lake Michigan Pilot Demonstration Update; 2008 State of the Lakes Ecosystem Recap; USGS Beach Health Initiative: Indicators, Research & Analytical Methods Update; Lake Monitoring with the Triaxis: Capabilities and Future Plans; 2010 Coastal Condition Report; 2010 Lake MI GLNPO/LaMP Intensive Year Monitoring & Follow-up on 10/24; BEC Meeting: Closer Connection Between Monitoring and the LaMPs; RFP on Phosphorous by Adding Loads; GLRRIN near shore research plans; NEST Indicators Program (National Environmental Status & Trends); Lake Michigan focus issue: Botulism Research and Monitoring; Lake Michigan Pilot Study Nearshore Gaps and Related Components; and Discussion: Coordinating/Developing Monitoring Around Nearshore Issues.

Access links to the complete agenda and the webcast (click here).

Report Looks At "Ecological Separation" Of Great Lakes & Mississippi

Nov 12: The Great Lakes Fishery Commission (GLFC) and the Great Lakes Fishery Trust (GLFT) announced the release of a three-year study by the Alliance for the Great Lakes (Alliance) that takes a first look at stopping the transfer of invasive species between the Great Lakes and Mississippi River systems. While an electrical dispersal barrier currently provides some control on the Chicago Sanitary and Ship canal, long term solutions are needed to further reduce the risk of invasions.

The report -- Preliminary Feasibility of Ecological Separation of the Mississippi River and the Great Lakes -- co-funded by the Fishery Trust and the Fishery Commission, is the first systematic look at commercial and recreational traffic on the waterway and at potential, long term solutions to prevent biological transfers. The study was funded pursuant to a recommendation from an Invasive Species Summit meeting convened in 2003 by Chicago Mayor Richard M. Daley that called for a project to examine long-term solutions to reduce the risk of invasive species in the waterway.

According to a release from GLFC and GLFT, the Chicago Waterway System, a series of canals built in the 1800s that famously “reversed the flow” of the Chicago River to improve sanitation, artificially connects the Great Lakes and Mississippi River basins. The waterway serves as a transportation corridor and provides access for recreational boaters. The connection, however, also is a conduit for invasive species, with zebra mussels and round gobies moving from the Great Lakes to the Mississippi basin and with Asian carp currently threatening to enter the Great Lakes from the Mississippi. With increasing global trade, the threat of invasive species is only expected to grow.

Rebecca Humphries, Chair of GLFT and Director of the Michigan Department of Natural Resources (MDNR) said, “Invasive species continue to pose one of the biggest threats to the future of the Great Lakes and the Chicago waterway is a direct link for species to enter Lake Michigan. This study helps establish a course to address this important link." GLFC Chair Michael Hansen, a professor at the University of Wisconsin -- Stevens Point said, “With the benefit of hindsight the Great Lakes and Mississippi systems should never have been connected in so direct a way. Our task now is to find permanent and effective solutions to the threat that this waterway poses. The commission calls upon the U.S. Army Corps of Engineers to consider the Alliance’s recommendations and launch a full-scale study, with the ultimate goal of achieving long term separation between the two basins.”

According to a release from the Alliance leading Great Lakes advocates are calling for Federal leadership and funding for “ecological separation” of the Great Lakes from the Mississippi River basin to protect both great watersheds from the perils of invasive species. Alliance VP for Policy Joel Brammeier, lead author of the report said, “The Great Lakes and the Mississippi River are at risk because of a connection that’s nothing natural. Fifteen miles of water and an experimental electric barrier are all that’s standing between the Great Lakes and Asian carp. We’ve got to get serious about a real solution.”

Herb Gray, Canadian Section chair of the International Joint Commission (IJC) said, "We must find a way to stop Asian Carp and other species before they use the Chicago Sanitary Canal to invade the entire Great Lakes system that is shared by Canada and the United States." A release from IJC indicates, "The IJC strongly supports the maintenance of the electric fish dispersal barrier and construction of a second electrical barrier in the Chicago Sanitary and Ship Canal, but recognizes the limitations of these measures. While not endorsing any specific long-term strategy, the IJC is impressed with the creative effort to engage as many stakeholders as possible and to carefully examine a range of actions to stop the movement of invasive species between the two watersheds while taking the economic and social dimensions into account."

Access a release from GLFC and GLFT (click here). Access a release from the Alliance with links to related information (click here). Access a release from IJC (click here). Access an Executive Summary of the report (click here). Access the complete 112-page report (click here).

International Upper Great Lakes Study Meeting

Nov 10: The International Upper Great Lakes Study (IUGLS) will be holding a public meeting at the University of Toledo, Lake Erie Center, from 7 to 9 PM on Wednesday, November 19th, 2008. Persons interested in and concerned about Great Lakes water levels are urged to attend and to share personal examples of the impact of changing water levels. The initial focus of IUGLS is whether possible physical changes in the St. Clair River and other factors are contributing to changes in the relative levels of Lake Erie and Lake Huron [See WIMS 4/4/08].

At the meetings, experts from the binational study of water levels in the Upper Great Lakes will present the latest scientific work 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.

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, ecosystems, 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.

Access the IUGLS website for details and further information (click here). Access information and presentations from previous meetings (click here). Access a 22-page progress report on the International Upper Great Lakes Study (click here).

Groups Excited About Great Lakes Under Obama Presidency

Nov 6: Citing the fact that both President-elect, Barack Obama and his newly appointed Chief of Staff, U.S. Representative Rahm Emanuel are both from Chicago and very familiar with the plight of the Great Lakes, Great Lakes organizations expressed excitement at a teleconference they held about the way forward for the Great Lakes.

A release from the Alliance for the Great Lakes indicates, "The election of Barack Obama as president and the Great Lakes policies he’s embraced portend good things for the Great Lakes. . . U.S. Rep. Rahm Emanuel’s decision to serve as Obama’s chief of staff may open doors for the Great Lakes a little further." Alliance President Cameron Davis, who served as a senior advisor to the Obama-Biden campaign in his personal capacity but spoke solely on the Alliance’s behalf at the event said, “This is a momentous time for the country, for the world and, of course, for the region. We are very excited here at the Alliance for the Great Lakes for the doors that have opened.”

Davis and Michael Kraft, professor of public and environmental affairs and political science chairman at the University of Wisconsin-Green Bay, led the hour-long teleconference that attracted an unprecedented 140-plus participants from around the Great Lakes region and Canada and included leading federal and state environmental officials, political leaders, advocates and the media. Kraft, author of numerous books on environmental policy, forecast the country will see a “striking difference” between the evolving Obama administration and that of President Bush, citing as an example the matter of scientific integrity -- on which Bush has been criticized by the Union of Concerned Scientists.

Kraft and Davis agreed, however, that the economic downturn could present a hurdle to progress on the Great Lakes and other environmental initiatives. Given that scenario, Davis encouraged Great Lakes advocates to figure out ways to finance their priority projects, rather than present unfunded projects to the new administration. The teleconference event was part of the Alliance’s ongoing Coastal Allies Network program featuring current events discussions.

Access a lengthy release with further details on the teleconference (click here). Access more information on the Coastal Allies Network (click here).

SOLEC 2008 Presentations On-Line

Nov 7: The State of the Lakes Ecosystem Conference (SOLEC) 2008 was held October 22–23, 2008, in Niagara Falls, Ontario, Canada [See WIMS 10/17/08]. Emphasis was on "The Nearshore." In 1996, SOLEC focused on the nearshore lands and waters of the Great Lakes where biological productivity is greatest and where humans have maximum impact. In 2008, the conference concentrated on what has changed with respect to the nearshore environments since 1996.

The conference attracted over 300 attendees in Niagara Falls and several hundred on-line viewers who accessed a live video webcast. Conference slides, speaker's notes and video are available for each plenary presentation. EPA notes that playing the video together with the slides or notes allows a more complete experience.

Access the SOLEC 2008 website for links to available information (click here). Access the Binational SOLEC website for additional information (click here).

Great Lakes - St. Lawrence River Water Meetings

Nov 7: The Great Lakes-St. Lawrence River Water Resources Regional Body announced that its next meeting will be held on Monday, December 8, 2008 at 1:30 PM CST. The meeting will take place at the Ambassador East Hotel, 1301 N. State Parkway in Chicago. The meeting is open to the public and will include an opportunity for public comments. An agenda is available from the website below. Additional information including materials to be discussed will be available in coming weeks. The Great Lakes Governors and Premiers created the Regional Body on December 13, 2005, by signing the Great Lakes -- St. Lawrence River Basin Sustainable Water Resources Agreement.

Additionally, the Great Lakes-St. Lawrence River Basin Water Resources Council will hold its first meeting on Monday, December 8, at 3:00 PM. CST. The meeting will also take place at the Ambassador East Hotel. It will be open to the public and include an opportunity for public comments. An agenda is available on the Council of Great Lakes Governors (CGLG) website.
Additional information including materials to be discussed will be available in coming weeks. The CGLG serves as Secretariat to the Regional Body.

Access information on the Regional Body meeting (click here). Access the Regional Body website for additional information (click here). Access agendas for both meetings (click here). Access the CGLG website (click here).

Group Aims To Plug Great Lakes Diversion "Loop-hole"

Oct 30: Despite the recent approval of the Great Lakes Compact, the Michigan Citizens for Water Conservation (MCWC) and other non profit organizations announced they will launch a public education campaign, FLOW: For Love of the Great Lakes, in Traverse City on November 16, 2008. The program will launch a drive to protect the waters of the Great Lakes from private export and sale.

The event begins with the Northern Michigan premier of Irena Salina’s New York Times critically-acclaimed film, Flow: For Love of Water, at Traverse City’s State Theatre at 3:00 PM. The film is a documentary about citizen efforts around the world, including Michigan, to stop the privatization or control of water by large corporations. Immediately after the film, a panel discussion and reception will be held at the city’s historic Opera House. Scheduled speakers include: former Michigan Governor Bill Milliken; film maker Irena Salina, environmental attorney Jim Olson; author Dave Dempsey (Great Lakes for Sale); and Terry Swier, President of MCWC. The panel will discuss strategies for citizens to correct what they are calling "a loop-hole in the Great Lakes Compact authorizing the export of water for private sale out of the Great Lakes."

Jim Olson, water law attorney said, “There is a giant loop-hole in the Great Lakes Compact diversion ban that just passed Congress. The ban doesn’t apply to water produced and put in a container. That means water placed in a container will be fair game for the engines of large corporations and their teams of lawyers under NAFTA and international trade law. Citizens, landowners, and businesses in Michigan need to know what’s happened so we can protect our water from future claims by outside interests.”

Access a release from MCWC with further details (click here).

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).

Great Lakes Interim Final Rule On Discharge Of Dry Cargo Residue

Sep 29: The U.S. Coast Guard announced in the Federal Register [73 FR 56492-56501] that it is amending its regulations to allow the discharge of bulk dry cargo residue (DCR) in limited areas of the Great Lakes by self-propelled vessels and by any barge that is part of an integrated tug and barge unit. DCR is the residue of non-toxic and non-hazardous bulk dry cargo like limestone, iron ore, and coal. The regulations also add new recordkeeping and reporting requirements and encourage carriers to adopt voluntary control measures for reducing discharges. Discharges are now prohibited in certain protected and sensitive areas where, previously, they were allowed. The Coast Guard also requests public comments on the need for and feasibility of additional conditions that might be imposed on discharges in the future, such as mandatory use of control measures, or further adjustments to the areas where discharges are allowed or prohibited.

The interim final rule takes effect September 29, 2008. Initial reports under amended 33 CFR 151.66(c)(4) are due January 15, 2009. Comments and related material submitted in response to the request for comments must be received before January 15, 2009. The action follows a May 23, 2008, notice of the rulemaking and of the availability of a Draft Environmental Impact Statement (DEIS). The Coast Guard says it received written comments on the proposed rule from 55 sources, and heard from 3 commenters at two public meetings in Duluth, MN, and Cleveland, OH, An additional notice of the Final Environmental Impact Statement (FEIS) and the Record of Decision (ROD)was announced on August 22, 2008.

In response to public comments, the Coast Guard extended the areas where DCR discharges are prohibited to include waters within three miles of shore at the following sites: Indiana Dunes and Sleeping Bear National Lakeshores on Lake Michigan and Grand Portage National Monument and Apostle Islands and Pictured Rocks National Lakeshores on Lake Superior.

Access the FR notice (click here). Access the docket for this rulemaking for background information and to review and submit comments (click here).

Legacy Act Passes; White House Cuts Funding

Sep 29: The Great Lakes Commission (GLC) issued a release applauding Congressional leaders for securing reauthorizing of the Great Lakes Legacy Act (H.R 6460). The House of Representatives re-approved an amended version of H.R. 6460 on September 28, which extends the Legacy Act for two years at level funding of $54 million per year. The bill now goes to President Bush for signing.

According to a release from Michigan Lt. Governor and Great Lakes Commission (GLC) Chairman John Cherry, "While this is a positive step forward, the Great Lakes Commission is disappointed that despite the best efforts of our region’s Congressional leaders, no additional funding was provided. HR 6460 first passed the House of Representatives on September 18 at $150M. At the 11th hour, the Bush Administration weighed in with a letter to House and Senate leaders in opposition to the bill, because of the proposed funding increase. To gain approval in the Senate, the bill was amended and the funding kept level with legislation approved in 2002."

House Transportation & Infrastructure Committee Chair, Representative James Oberstar (D-MN) explained further in a Floor statement saying, "Regrettably, when this measure got over to the Senate, as so often happens in the other body, one person can shut down the Senate and can shut down the country. In this case one objection held up Senate action on the bill until funding for the program was cut. I'm just so disappointed and so anguished over the failure of the Senate to provide the funding. They didn't change anything else in the bill, just implementing it, just funding it. That is cutting out the heart. . . We will come back next year. There will be a different spirit in the White House, a different spirit in the Congress. We will fix that."

Access a release from the GLC (click here). Access legislative details for H.R 6460 including links to Floor statements (click here).

Council Of Canadians Calls For Compact Correction

Sep 24: Canada's largest citizens’ organization, the Council of Canadians, issued a release, "demanding that the Canadian government intervene to secure an amendment to the Great Lakes Compact which has now received approval of both the U.S. House and Senate [See WIMS 9/23/08]. The organization is calling for an elimination of the loophole that would grant bottled water corporations unlimited access to Great Lakes water in 20 litre [actually 5.7 gallons] containers. Maude Barlow, national chairperson of the Council of Canadians said, “Although we welcome the Compact’s ban on diversions through pipelines and other means, the bottled water exception is a gaping hole that would undermine the agreement’s ability to truly protect the Great Lakes. In remaining silent on this issue, the Harper government has abdicated its responsibility to protect the Great Lakes and the Canadian public interest.”

The Council said while the Compact sets out to prevent diversions from the Great Lakes, the definition of diversions does not apply to water as a “product” and they are concerned about the trade implications of this definition. Meera Karunananthan, national water campaigner for the Council of Canadians said, “Once their access to Great Lakes water is entrenched in the Compact, it will be difficult to regulate corporations taking water out of the Great Lakes in containers because they will be further protected in international trade agreements such as the North American Free Trade Agreement.”

Access a release from the Council (click here).

House Approves Great Lakes Compact

Sep 23: On a "Motion to Suspend the Rules and Pass," requiring a 2/3 majority, the U.S. House approved the Great Lakes Compact (S.J. Res. 45), by a vote of 390 - 25. Environmental and conservation groups praised the approval and commended U.S. Representatives John Conyers (D-MI), Vern Ehlers (R-MI), Rahm Emanuel (D-IL), Steve LaTourette (R-OH) and Jim Oberstar (D-MN); and Senators Russ Feingold (D-WI), Herb Kohl (D-WI), Carl Levin (D-MI), Arlen Specter (R-PA) and George Voinovich (R-OH), where the measure was approved by voice vote in August [See WIMS 8/4/08]. The President has indicated he will sign the approval.

Despite the overwhelming approval, it did not come without controversy and concern. Two Great Lakes Representatives -- Bart Stupak (D-MI) and Dennis Kucinich (D-OH) both raised concerns regarding loopholes in the Compact [See WIMS 9/8/08]. Of major concern were the exemption of water in a container smaller than 5.7 gallons ("the bottled water loophole"); creating a Federal definition of Great Lakes water as a "product" subject it to international trade law obligations (e.g. NAFTA, GATT, etc.) and related "public trust doctrine" issues.

On Monday, September 22, Representative Stupak urged all 435 members not to approved the Compact until some answers were received from his previous inquiries in July to the U.S. Department of State, U.S. Trade Representative and the IJC (See link below). Kucinich had argued that Congress could close the loopholes without sending the Compact back to the State to be ratified again by passing his bill H.R. 6814 and adding specific language in the Committee Report for the Compact which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language could not.

Various groups indicating their support included: Great Lakes United; National Wildlife Federation; Alliance for the Great Lakes; Healing Our Waters-Great Lakes Coalition; Council of Great Lakes Governors; Michigan Environmental Council; Michigan League of Conservation Voters; Tip of the Mitt Watershed Council; and Sierra Club.

Access the roll call vote (click here). Access legislative details for S.J.Res.45 (click here). Access a release from Representative Stupak (click here). Access the Committee on Judiciary. H. Rept. 110-863 (click here). Access legislative details for H.R. 6577 (click here).

Canadian Mayors Call For Great Lakes Commitments

Sep 22: According to a release from the Great Lakes and St. Lawrence Cities Initiative, mayors representing over 7 million Canadians in Ontario and Quebec issued a letter calling on the five Federal political leaders in the Canadian election to publicly declare their proposals for protecting the Great Lakes and the St. Lawrence River. Thunder Bay Mayor Lynn Peterson, chair of Cities Initiative said, "Canadian municipalities are spending over $4 billion a year on Great Lakes and St. Lawrence protection. Given the national and international importance of this massive fresh water resource, it is time we have a substantial commitment from our federal government."

Canadian members of the Cities Initiative issued the letter a day after presidential candidates in the United States raised the importance of Great Lakes protection in their federal election campaign. Toronto Mayor David Miller said, "We are encouraged that, through the activities of the Great Lakes and St. Lawrence Cities Initiative and other organizations, both U.S. presidential candidates are acknowledging the critical importance of protecting this vital resource. Senator Barack Obama has come forward with his proposal and Senator John McCain has made known his concern for the future of the Great Lakes. It is time our federal party leaders stepped up and made their voices heard."

Access a release from the Cities Initiative (click here). Access the Cities Initiative website (click here).

IOM Says CDC Great Lakes Reports Have Shortcomings

Sep 5: According to a release and a review by the National Academy of Sciences' Institute of Medicine (IOM), two drafts of a yet-to-be-finalized report [See WIMS 3/14/08] looking at health and pollution data from the Great Lakes region have problems that diminish the documents' scientific quality. These shortcomings limit the usefulness of the drafts -- prepared by the U.S. Centers for Disease Control and Prevention -- in determining whether health risks might be associated with living near the lakes.

Questions about the scientific quality of the drafts and concern following the unauthorized publication of one of the interim drafts on a public website [See WIMS 2/8/08] led CDC to ask the IOM for an independent review of the documents. The drafts originated with an international commission's request for CDC's Agency for Toxic Substances and Disease Registry (ATSDR) to evaluate the public health implications of hazardous materials present in certain areas within U.S. states in the Great Lakes basin. The IOM committee focused on a 2007 draft and a 2008 version that was prepared after directors within ATSDR expressed apprehension about the 2007 draft's methodology and conclusions and postponed its public release. No final report has been released.

"We found problems in how each draft was developed, which data were used, and what conclusions the authors drew," said Robert Wallace, Irene Ensminger Stecher Professor of Epidemiology and Internal Medicine, College of Public Health, University of Iowa, Iowa City, and chair of the committee that wrote the report. "Our task was to focus solely on the scientific quality of the drafts and not to assess whether pollution around the Great Lakes poses health concerns," he added. "The problems we found in the drafts would limit the ability of officials and others to draw conclusions from them about whether any health risks are associated with living in or near certain places around the Great Lakes."

Most of the concerns about the 2007 draft raised by CDC's peer reviewers and ATSDR directors -- particularly how data were selected and used -- are valid, the committee concluded. Pollution and health data were lumped together despite differences in where and when the information was collected and despite lack of supporting evidence or explanation of how particular contaminants could lead to any of the identified health problems. The release indicates that, "This juxtaposition of data without explanation or support could lead readers to assume links between contamination and health problems regardless of whether they actually exist. Furthermore, some data that might have provided useful evidence apparently were not considered, and the drafts contained little explanation for why the data used were chosen."

The Committee concluded, "The 2008 draft provides only a summary of selected data on chemical releases and contamination and does not add substantially to the understanding of pollution around the Great Lakes. Though the authors' decision to leave out the health data in the 2008 draft is understandable given its incompatibilities with the available contamination data, it significantly changed the nature of the resulting draft and scope of response to the original request to CDC." The committee also noted problems with using the selected contaminant data as indicators of actual exposures. Moreover, the draft lacks information on other potential sources of contaminants or ways that people could be exposed.

Access a release from the IOM and link to the complete 50-page report (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).

House Passes Great Lakes Legacy Reauthorization Act

Sep 18: Representative Vernon Ehlers (R-MI) praised the House passage of the Great Lakes Legacy Reauthorization Act (H.R. 6460), which he sponsored. The bill was approved by a vote of 371 to 20 which exceeded the two-thirds required under the suspended rules. Representative Ehlers indicated in a release that the Great Lakes Legacy Act is considered one the most effective Federal water cleanup projects ever. Ehlers introduced the bill along with Committee on Transportation and Infrastructure Chairman James Oberstar (D-MN) in July.

Ehlers said, “I am pleased that the House acted so quickly on this important bill. The Great Lakes are our region’s most valuable natural asset, and toxic sediment that is feeding into the lakes could cause irreparable harm. This bill creates a roadmap for funding that will ensure the polluted areas of concern that have been identified around the Great Lakes are cleaned up within the next ten years. Our goal of cleaning up these toxic sites is within reach, and we owe it to future generations to act now on cleaning them up.”

The renewal bill authorizes Congress to direct up to $150 million per year for the next five years to U.S. EPA to continue the Legacy Act cleanup program. The authorization was increased from $50 million per year in the previous bill because of the potentially high cost of cleaning up contaminated sediment once it is spread through the lakes. The new funding authorization would put the program on track to clean up every Area of Concern (AOC) within ten years.

Jeff Skelding, national campaign director for the Healing Our Waters-Great Lakes Coalition said, "We applaud the U.S. House of Representatives -- especially Reps. James Oberstar and Vern Ehlers -- for passing this important and successful clean-up program. Cleaning up toxic pollution is essential to our public health, economy and way of life. We need the Senate to take quick action like they did with the Compact and reauthorize this critical program.”

Access a release from Representative Ehlers and link to previous releases (click here). Access legislative details for H.R 6460 (click here). Access a release from the HOW Coalition (click here).

Obama-Biden Propose $5 Billion For Great Lakes

Sep 16: The Obama-Biden campaign have issued a policy paper saying they are committed to Great Lakes restoration. According to the policy paper, the Obama-Biden vision for the future of the Great Lakes will: Provide New Federal Funding of $5 Billion to Jumpstart Great Lakes Restoration; Designate a Great Lakes Coordinator to Prioritize Coordination of Federal, State and Local Agencies; and Ratify and Fully Implement the Great Lakes Compact to Conserve Water and Protect Against Water Diversions. The paper indicates that, "In contrast, Senator John McCain has repeatedly failed to support critical legislation and even opposed measures to preserve the Great Lakes, including cleanup initiatives and projects to prevent sediment pollution. He also opposed funding to complete the Asian Carp Barrier Project to prevent invasive species from reaching the Great Lakes."

The paper says, Barack Obama has a plan to restore the Great Lakes ecosystem and to revive this engine of economic prosperity. His five-point plan for restoring the Great Lakes includes: $5 billion in new federal funds to jumpstart the restoration; an aggressive toxics plan; a Great Lakes Coordinator within U.S. EPA; Zero tolerance policy for invasive species; and, A "no water diversions compact policy that works for the Great Lakes." The $5 billion to establish the trust fund will be generated from rolling back tax breaks and loopholes for big oil and gas companies.

Access the Obama-Biden Great Lakes Policy Paper (click here).

Beach Sand Often More Contaminated Than Water

Sep 12: According to a release from the U.S. Geological Survey (USGS) recent research has revealed that beach sand contains high concentrations of E. coli and other fecal indicator bacteria, often greatly exceeding the concentration in beach water. Further, there is evidence that beach closings due to elevated fecal indicator bacteria may be linked to these sand populations. Contaminated beach sand, and the complications that it causes for monitoring, are among the leading topics that a group of national experts will discuss in Porter, Indiana at the Great Lakes Beach Association conference on September 16-17.

Richard Whitman, Chief of the Lake Michigan Ecological Research Station, USGS said, "Over the last few years, we've identified an important source of indicator bacteria and how these bacteria may negatively influence recreation, but this is the first time experts have actually met to discuss this issue collectively. Whitman was one of the first to describe these high concentrations of E. coli in sands and to link them to high bacteria counts in water.

Beach water is routinely analyzed for E. coli and other fecal indicator bacteria to determine whether human sewage is present. When bacteria concentrations in water exceed a certain threshold, beaches are typically closed to swimming or swimming advisories are posted. A potential reason for many of these beach closings, and a complication for monitoring efforts is high concentrations of fecal indicator bacteria in beach sand. Bacteria are often present in high concentrations independent of any recent contamination events. Further, bacteria are often re-suspended into the beach water during onshore winds and high waves. The health risk associated with these bacteria is as yet unknown, but preliminary studies are being conducted.

Access a release from USGS (click here).

Great Lakes Regional Collaboration Public Call

Sep 12: The Great Lakes Regional Collaboration (GLRC) Executive Subcommittee invites the public to participate in a discussion on Wednesday, September 17, 2008 from 2:00 PM to 3:30 PM CDT regarding ongoing and planned activities of the GLRC and to share news about actions to implement the GLRC Strategy to Restore and Protect the Great Lakes. Topics for discussion include: 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 details on the Public Call (click here). Access the GLRC website for links to updates on initiatives and additional information (click here).

Regs To Control Spread Of VHS Warn Of Ballast Water Pathway

Sep 9: The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) issued a Federal Register notice [73 FR 52173-52189] establishing interim regulations to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia (VHS), a highly contagious disease of certain fresh and saltwater fish. In 2005 and 2006, VHS was detected in freshwater fish in several of the Great Lakes and related tributaries. The disease has been responsible for several large-scale die-offs of wild fish in the Great Lakes region. APHIS said the action is necessary to prevent further introductions into, and dissemination within, the United States of VHS. The Interim Rule is scheduled to become effective November 10, 2008, and comments on the interim rule are due on or before November 10, 2008. Comments on the separate environmental assessment (EA) document are due on or before October 9, 2008.

On October 24, 2006, APHIS issued a Federal Order prohibiting the importation of VHS-susceptible species of live fish from two Canadian provinces (Ontario and Quebec) into the United States and the interstate movement of the same species of live fish from the eight States bordering the Great Lakes (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin). At the time the Federal Order was issued, only three States (Michigan, New York, and Ohio) had been affected by VHS within the jurisdictional borders of their States. Following various meetings and consultations, a modified Federal Order was issued which established conditions under which VHS-susceptible species of live fish could be moved from the eight States bordering the Great Lakes.

On May 4, 2007, APHIS modified the Federal Order to allow for the catch-and-release of VHS-susceptible regulated fish in waters that cross State and international boundaries. On November 8, 2007, APHIS modified the Federal Order by revising the list of VHS-susceptible species -- 12 species were removed and 2 added. Currently, there are 28 separate species of fish listed. Finally, on April 2, 2008, APHIS modified the Federal Order to allow VHS-susceptible species of live non-salmonid fish from affected Canadian provinces to be imported into the United States for direct slaughter if accompanied by an APHIS permit.

APHIS indicates that the new interstate movement and importation requirements are discussed in detail in the Interim Rule. It also indicates, ". . . the AHPA authorizes the Secretary of Agriculture to prohibit or restrict the importation or movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of any pest or disease of livestock into or within the United States. Ballast water (i.e., water with its suspended matter taken on board a ship to control trim, list, draught, stability, or stresses of a ship) can be taken onto a ship in its port of origin and discharged into the water body of the ship's destination port, making it a potential pathway for VHS virus. APHIS 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 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).

NOAA Has New NOS Great Lakes Regional Coordinator

Sep 8: The Great Lakes Commission (GLC) has announced that in July of 2008, NOAA’s National Ocean Service (NOS) placed Heather Stirratt as the new NOS Great Lakes regional coordinator. Part of NOAA, NOS delivers a dynamic range of nation-wide coastal and Great Lakes scientific, technical, and resource management services in support of safe, healthy and productive oceans and coasts. Ms. Stirratt has worked with NOAA for almost 10 years. She has experience working for the National Marine Fisheries Service as a Fisheries Management Specialist and with NOS as Special Assistant to the Assistant Administrator. The Assistant Administrator for NOS, John Dunnigan, recently stated that, “We know that our mission in the Great Lakes is extensive across NOS programs. We are pleased to offer Great Lake constituents a new way of interacting with us."

As an employee of the NOAA Coastal Services Center, Ms. Stirratt is working to better integrate NOS programs and enhance connections with customers and partners. GLC said the position will be key in building partnership bridges at the local level and elevating NOAA’s Ocean Service's work in the Great Lakes region.

Access the GLC announcement with additional details and contact information (click here). Access the NOAA NOS website for more information (click here).