Wednesday, October 28, 2009

Groups Focus On Great Lakes Ship Emission Standards

Oct 28: The Ohio Environmental Council and Great Lakes United have issued a release drawing attention to an intervention by Congress that they say would weaken a new rule proposed by the U.S. EPA to regulate exhaust emissions from ships in the Great Lakes and ocean ports [See WIMS 7/2/09]. The groups have produced two factsheets to better explain the rule and clear up misconceptions.

The first factsheet provides an overview of the standard, while the second counters dire claims being made by the Great Lakes shipping industry in an effort to exempt them from the rule. The groups said the new standard is an effort to clean up the dirty exhaust emissions ships release. Most commercial vessels are equipped with engines that consume some of the dirtiest fuel on the planet- producing higher levels of sulfur oxides (SOx), and particulate matter when burned. The emissions affect the health of those living near ports and coastlines, and can travel far inland. Children, people with heart disease, and the elderly are most at risk when they breathe this polluted air.

EPA estimates that when the new standard is fully in place it will prevent up to 32,000 premature deaths each year, with over 500 of those in the Great Lakes region. The groups indicate that as the proposed rule approaches finalization, "Wisconsin Representative David Obey, with the support of Minnesota Representative James Oberstar, struck a deal with the EPA to exempt 13 steamships from meeting the new exhaust emission rules and allow 13 additional C3 Lakers to petition for a waiver if they demonstrate serious economic hardship. The exemption is in the form of an amendment attached to the Natural Resources spending bill that covers the EPA budget for the fiscal year that began on October 1st." They said, "This is a disappointing turn of events, and appears to be a lost opportunity to improve air quality, protect human health, and reduce greenhouse gas emissions in the Great Lakes region."

The Great Lakes Maritime Task Force (GLMTF) issued a statement on October 28, saying it is "deeply committed to protecting the Great Lakes environment and appreciates the opportunity to work with the Environmental Protection Agency to ensure that the final implementation of this rule is fair, balanced, and reasonable." GLMTF represents vessel owners, cargo shippers, shipboard and shoreside labor, port authorities, shipyards, marine construction companies, and others operating on the Great Lakes.

GLMTF said, "We believe that a full understanding of the commercial vessels operating on the Great Lakes, their small environmental footprint, their large environmental benefits, and tremendous economic impact can result in a balanced approach that meets the needs of all. The EPA’s proposed regulation would have eliminated 25% of the U.S.-Flag Great Lakes within a few years. Even the Government of Canada has taken the highly unusual step of asking the EPA to undertake further analysis before proceeding with the Great Lakes portion of this proposed regulation lest 50 Canadian-Flag ships be put at risk. By closely examining the impacts and unintended consequences of over-regulating air emissions from vessels, the Great Lakes region can be protected without impeding our regional and national economic recovery. The U.S.-Flag Great Lakes fleet already burns cleaner fuel than that used by many of the world’s oceangoing vessels.


"We appreciate the effort of the Great Lakes Congressional delegation and Administration officials who crafted a solution that extends the useful lives of the thirteen U.S.-Flag steamships to 2020, when the .5 % sulfur standard is implemented worldwide. Vessel owners now have more time to make informed business decisions regarding the future of those vessels and explore other options to meet emission requirements. In particular, we thank Congressmen Dave Obey (D-WI) and Jim Oberstar (D-MN), who worked tirelessly to ensure that this regulation can achieve its goals without decimating Great Lakes shipping.

"We still must determine the best way to deal with the thirteen U.S.-Flag lakers that employ Category 3 compression-ignition engines. The regulatory flexibility extended to other industries and other fuel standards is appropriate for the Lakes Heavy industry needs affordable transportation of raw materials and so does the American consumer, otherwise neither will prosper. The potential economic impact of the proposed rule, if enacted as proposed, would have been just one more blow for a region already suffering record unemployment. . ."

Access a joint release and link to the two fact sheets (
click here). Access EPA's Oceangoing Vessels website for extensive information on the proposed regulations (click here). Access the EPA docket for this rulemaking for background documents and reviewing comments (click here). Access the GLMTF statement (click here). Access the GLMTF website for more information (click here). Access a recent article by MinnPost.com covering various sides on the issue (click here).

Friday, October 23, 2009

Ocean (Great Lakes) Policy Meeting In Cleveland

Oct 23: Obama Administration officials will hold their sixth regional Ocean Policy Task Force Public Meeting in Cleveland, Ohio, on Thursday, October 29, 4:00-7:00 PM. The meeting will be held at the Marriott Cleveland Downtown at Key Center, Ballroom (Salon D and E), 127 Public Square, Cleveland, OH 44114.

The Interagency Ocean Policy Task Force, led by White House Council on Environmental Quality Chair Nancy Sutley, consists of senior-level officials from Administration agencies, departments, and offices including: Dr. Jane Lubchenco, Administrator, National Oceanic and Atmospheric Administration (NOAA); Cameron Davis, Senior Advisor to the U.S. EPA Administrator; Rear Admiral Sally Brice O’Hara, Deputy Commandant for Operations, U.S. Coast Guard; and Captain Byron Black, Senior Maritime Safety and Security Advisor to the Secretary, Department of Transportation.

The Task Force is charged with developing a recommendation for a national policy that ensures protection, maintenance, and restoration of the oceans, our coasts and the Great Lakes [See WIMS 6/15/09]. It will also recommend a framework for improved stewardship, and effective coastal and marine spatial planning. The public is encouraged to attend and an opportunity for public comment will be provided.

Members of the public can access the meeting in three ways: by attending in person at the Cleveland meeting; by calling into the listen only phone line (800-369-2133; participant code: 8314284); or via live webstream at the website Great Lakes Live (link below). Public comment can also be submitted online at the link below.

Access the White House Ocean Policy website for complete background and to submit comments (click here). Access the Great Lakes Live website (click here).

Tuesday, October 20, 2009

EPA Accepts Some Petition Claims On BP's Whiting Air Permit

Oct 19: In response to a citizen petition on Indiana's air permit modification for BP's Whiting Refinery [See multiple WIMS], U.S. EPA announced that it has accepted some issues while denying others. In August 2008, the Environmental Law & Policy Center, Natural Resources Defense Council (NRDC), Hoosier Environmental Council, Save the Dunes and Sierra Club petitioned EPA to formally object to the State's modification of BP’s operating permit for an expansion project to refine high-sulfur Canadian crude oil.

EPA had reviewed the State's permit before it was issued and worked with Indiana to address several areas of concern. The permit modification was subject to public comment, but the Clean Air Act also provides an additional opportunity for the public to request that EPA review specific matters. Upon this further review, EPA agrees that IDEM did not adequately respond to public comment and that information on some of BP's emissions may have been omitted. Specifically, questions must be answered about emissions from flares, residual emissions from vessel depressurization, increased emissions from coking and coke drum depressurization, fugitive emissions from reduced sulfur compounds and emission factors to account for higher-sulfur crude.

EPA indicated that it did not conclude that the net emissions increase from the project trigger the major modification threshold. However, IDEM must fully respond to the specific questions raised by the petitioners and re-evaluate the emissions calculations for this project. If IDEM concludes that the threshold is triggered, any new requirements developed by IDEM to meet Clean Air Act requirements must be incorporated into the BP operating permit.

EPA denied the petitioners' claims regarding the venting of uncontrolled pressure relief valves, best available control technology for greenhouse gas emissions, and the need for a compliance schedule based on EPA's allegations. IDEM now has 90 days to reconsider, revise as appropriate and submit a proposed permit to EPA.

Access a release from EPA (
click here). Access the EPA responding Order (click here). Access information from IDEM on the BP Whiting Air Permits (click here). Access a release from NRDC (click here).

Monday, October 19, 2009

EPA Withdraws Objections To U.S. Steel's Gary Works NPDES Permit

Oct 15: U.S. EPA Region 5 withdrew its earlier objections to a 2007 version of Indiana's wastewater discharge permit for U.S. Steel's Gary Works [See WIMS 11/24/07]. EPA is withholding final judgment on the new draft permit until Indiana Department of Environmental Management's 45-day comment period, including a November 18 public hearing, is completed and all comments considered. On October 14, IDEM proposed a revised draft permit for the steel mill that addresses objections raised by EPA in October 2007. The new draft permit requires lower discharge levels than currently allowed for a number of pollutants including ammonia, metals, organic compounds and suspended solids. No pollutants can be discharged at a higher rate than the current permit allows.

EPA had formally objected to parts of the proposed 2007 IDEM permit and advised IDEM that those concerns would need to be fully resolved before any permit could be issued. In December 2007, EPA held a public hearing in Northwest Indiana to solicit more public input. Since that time, EPA has worked closely with IDEM to address both EPA's and the public's concerns. EPA has concluded that the revised draft now meets or exceeds all applicable Federal and state requirements. However, the revised draft permit also warrants a thorough public review and comment period.

The Clean Water Act requires facilities that discharge into the "waters of the United States" to obtain a National Pollutant Discharge Elimination System (NPDES) permit which sets limits on pollutants to protect public health and the environment. U.S. Steel Gary Works discharges water used in its operations into both the Grand Calumet River and Lake Michigan. It is the largest fully-integrated steel mill in North America.

Access a release from EPA (
click here). Access more information and background from EPA (click here). Access an IDEM fact sheet (click here).

Wednesday, October 14, 2009

Groups Call For Emergency Action To Stop Asian Carp

Oct 14: Great Lakes conservation and environmental organizations are urging the Federal government to take emergency action to prevent one of the most notorious invasive species from entering the Great Lakes and wreaking havoc on the world’s largest surface fresh-water resource. As invasive Asian carp bear down on the electrical barrier operating in the Chicago Sanitary and Ship Canal (CSSC) in Illinois, the groups are calling on the U.S. Army Corps of Engineers to take emergency action to stop the threat now and to look at the separation of the Mississippi River from the Great Lakes as a permanent solution.

The carp have been discovered in waterways less than 100 feet from the CSSC, and could bypass the barrier completely if a heavy rain floods the Des Plaines River and causes it to spill into the canal. Joel Brammeier, acting president and CEO of the Alliance for the Great Lakes said, “There is an urgent threat of Asian carp entering Lake Michigan if the nearby waterways flood into the Chicago Sanitary and Ship Canal. We are just one heavy rain away from this emergency becoming an epidemic.”In addition to the Des Plaines River, which in some places is only yards away from the CSSC, the carp could also enter another adjacent canal, the Illinois & Michigan (I&M), which is connected to the CSSC by small culverts that the carp can swim through during heavy rains.

The Asian carp are invasive fish that are harming the environment and economies of the Mississippi and threaten to do the same to the Great Lakes. The fish consume enormous amount of food that other fish rely on, allowing the carp to muscle out native species. The fish can grow to up to 3 feet long and weigh up to 100 pounds, quickly dominating a waterbody due to their size. The fish also pose a risk to people: the silver carp are easily startled and often jump out of the water when startled, making them a hazard to boaters, anglers and water-skiers.

The groups are calling on the U.S. government to: (1) Build an emergency barrier (like sandbags) between the Des Plaines and the Chicago Sanitary and Ship Canal to ensure the Des Plaines River and live carp cannot flood into the CSSC past the electrical barrier. (2) Install a barrier (such as a bubble/acoustic barrier) to stop the carp from migrating upstream into the Des Plaines River. (3) Fill in critical sections of the I&M Canal so that carp cannot swim into the CSSC during floods. The groups involved in the latest request are: Alliance for the Great Lakes; Great Lakes United; Healing Our Waters-Great Lakes Coalition; and Sierra Club Great Lakes Program.

Access a release with pictures and links to additional information (
click here). Access an illustration indicating the risks (click here).

Tuesday, October 6, 2009

Live Webcast Of IJC's Biennial Meeting

Oct 5: The International Joint Commission (IJC) has announced that there will be live webcast of sessions from the IJC's Biennial Meeting under the Great Lakes Quality Agreement. The two-day agenda for October 7 & 8 includes: Opening plenary; Keynote speakers James Bruce, Environmental Consultant and Cameron Davis, Senior Advisor to U.S. EPA Administrator; Reporting out from the six priority workshops; "Great Lakes Protection and Restoration" Senior U.S. and Canadian officials; Public forum and dialogue on Great Lakes Water Quality Agreement; "A Look to the Future" by Commissioner Pierre Trépanier; and "Rethinking Water for the 21st Century: New Challenges, New Opportunities" Peter Gleick.

Access the complete agenda (click here). Access the Great Lakes Live website for the webcast (click here).

Friday, October 2, 2009

HOW Coalition Says Coast Guard Action On Invasive "Too Slow"

Oct 2: The U.S. Coast Guard is holding a hearing in Chicago, on a proposed rule to protect the Great Lakes and other U.S. waters from the introduction of aquatic invasive species via ballast water discharge. Hearings were also held in Seattle, WA (September 28) and New Orleans, LA (September 30). Additional hearings will be held in Washington, DC (October 8), Oakland, CA (October 27) and New York, NY (October 29). The comment period on the proposed rulemaking for Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters [74 FR 44631-44672, 8/28/09]; and a Draft Programmatic Environmental Impact Statement (PEIS) for the standards [74 FR 44673-44674, 8/28/09] ends on November 27, 2009.

Andy Buchsbaum, co-chair of the Healing Our Waters-Great Lakes Coalition, commented on the proposed regulations and said, “Invasive species from ballast water have infected the Great Lakes like a cancer. We need strong medicine to stop this disease, and we need it fast. The Coast Guard rule could be that medicine -- but right now it’s too slow and it has too many loopholes. The Coast Guard has set a standard that is as environmentally protective as the toughest state law. That’s good. But the timeline for implementing the standard is weak. Ocean-going ships could avoid complying until after 2020. And there are loopholes that extend the deadline even farther. The Great Lakes will be irreparably damaged by that time.


Access a release from HOW (click here). Access the HOW website for more information (click here). Access the proposed rule FR announcement (click here). Access the draft PEIS FR announcement (click here). Access the combined docket USCG-2001-10486 for both actions for complete background and to submit and review comments (click here).