Wednesday, November 25, 2009

EPA Responds To Groups' BP Whiting CAA Petition

Nov 25: U.S. EPA issued a Federal Register announcement [74 FR 61678-61679] announcing that the Administrator has responded to a petition submitted by the Environmental Law and Policy Center, Hoosier Environmental Council, Natural Resources Defense Council (NRDC), Save the Dunes, Sierra Club, Susan Eleuterio, and Tom Tsourlis (petitioners) asking EPA to object to an operating permit issued by the Indiana Department of Environmental Management to the BP Products North America, Inc., Whiting Business Unit (Whiting) [See WIMS 10/20/09]. According to the announcement, the Administrator granted the petition in part and denied it in part. Pursuant to section 505(b)(2) of the Act, a petitioner may seek in the United States Court of Appeals for the appropriate circuit judicial review of those portions of a petition which EPA denied. Any petition for review shall be filed within 60 days from the date the Federal Register notice, pursuant to section 307 of the Act.

Specifically, the Petitioners allege that: (1) The permit application lacks emission information and calculations critical for determining applicable requirements and setting appropriate limits and conditions; (2) the minor source permit fails to comply with New Source Review requirements because the project is a major modification when all project emissions are properly included; (3) the permit does not include applicable Best Available Control Technology and Lowest Achievable Emission Rate limits for flares and other sources; (4) BP and IDEM failed to conduct the proper greenhouse gas Best Achievable Control Technology analysis; and (5) the permit omits compliance schedules that Title V requires to ensure compliance with all applicable requirements, as supported by the Notice of Violation issued by EPA to BP for its Whiting refinery.

In part, the Administrator rules, "I find that the Petitioners have not demonstrated that the title V operating permit does not comply with the Act. Petitioners have failed to demonstrate that the BP Whiting facility is out of compliance with the requirements addressed in the NOV [Notice of Violation], and that the permit must include a compliance plan and schedule with regard to such requirements. I therefore deny the petition with respect to this issue."

Access the FR announcement (click here). Access the 8/19/08 petition (click here). Access the Administrator's response (click here).

Monday, November 23, 2009

GLU Website To Track Asian Carp Control Efforts

Nov 23: Following last Friday's U.S. Army Corps of Engineers announcement that DNA testing indicated the presence of Asian carp 6 miles south of Lake Michigan, 20 miles past the preventative electric barrier [See WIMS 11/20/09], Great Lakes United (GLU) launched a special website to track this emergency situation. Detailed Google maps indicate the suspected progress and key land and water control features. Also included are FAQs and links to additional resources.

Additionally, GLU and other groups are demanding that the Corps of Engineers and the State of Illinois close the three locks that stand in the way of the carp's progression: the O'Brien, Chicago River, and Wilmette. GLU joined other groups including National Wildlife Federation, Healing Our Waters and Alliance for the Great Lakes. Jennifer Nalbone, campaign director of Invasive Species and Navigation for GLU said, "If we don't close the locks, we are waving the white flag and allowing one of the greatest ecological tragedies to occur. If the Asian carp make it to Lake Michigan, the damage to fisheries in the Lakes and tributaries will be profound and irreversible."

The website indicates, "If the fish were to reach the Great Lakes, it would be an ecological disaster. The carp consume enormous amount of food that other fish rely on, muscling 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. If the carp make their way into the Great Lakes, they could devastate the region's $4.5 billion fishing industry and permanently alter how recreational boaters, anglers and tourists use and enjoy the lakes and their many tributaries.


Access the GLU website (click here).

Great Lakes Restoration Initiative Request For Proposals

Nov 23: U.S. EPA has announced the issuance of a Request For Proposals (RFP) [79 pages, Announcement No: EPA-R5-GL2010-1] which solicits proposals from eligible entities for grants and cooperative agreements to be awarded pursuant to a portion of the $475 million Great Lakes Restoration Initiative included in Public Law 111-88, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 which is in furtherance of President Obama’s Great Lakes Restoration Initiative (the Initiative) announced in February 2009. Proposals must be received by EPA by noon Central standard time on January 29, 2010.

The President and EPA, in conjunction with 15 other Federal agencies, have made restoring the Great Lakes a national priority. The Initiative builds on the prior efforts of agency, business, public interest, and other leaders which resulted in the Great Lakes Regional Collaboration Strategy (GLRC Strategy) and the Great Lakes Restoration Initiative Action Plan now being developed.

The RFP represents EPA’s major competitive grant funding opportunity under the Initiative and is one of several funding opportunities described in the Initiative’s Interagency Funding Guide. A portion of the funding will be through the U.S. Fish and wildlife Service. The RFP, in conjunction with other funding opportunities under the Initiative, will be used to competitively provide funding to address the most significant Great Lakes ecosystem problems and efforts in five major focus areas: Toxic Substances and Areas of Concern; Invasive Species; Nearshore Health and Nonpoint Source Pollution; Habitat and Wildlife Protection and Restoration; and Accountability, Education, Monitoring, Evaluation, Communication and Partnerships.

Access links to the complete RFP, and information on webinars and email lists to stay informed of opportunities (
click here).

Friday, November 20, 2009

IJC On Asian Carp: "A Battle That We Cannot Afford To Lose"

Nov 19: In letters sent to the Governor of Illinois, the U.S Army Corps of Engineers, the U.S. EPA and the Council on Environmental Quality, the International Joint Commission (IJC) expressed its concerns that Asian carp could invade the Great Lakes by way of the Chicago Sanitary and Ship Canal. The IJC said it is concerned that the electric barrier could be breached by a single power outage, or that a heavy rain storm could cause flooding that would allow the carp to migrate into the canal from the Des Plaines River.

The IJC indicated it supports the Barrier Advisory Panel's recommendation to construct a physical separation between the Des Plaines River and the Chicago Sanitary Ship Canal. The IJC also supports action to close off the canal and Deep Run Creek in a manner that would permit storm water discharge while precluding the passage of Asian Carp. Further, a rapid response effort must be undertaken as soon as possible to push back the Asian carp and allow the Army Corps of Engineers to conduct scheduled maintenance of the electric barrier and complete the construction of a second electric barrier [
See WIMS 11/16/09].

Herb Gray, Canadian Section chair of the IJC said, "We must 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." Irene Brooks, U.S. Section chair of the IJC said, "Invasive species such as Asian carp are the foremost threat to the biological integrity of the Great Lakes basin ecosystem. The impact of invasive species already in the system, from the sea lamprey to the zebra mussel, serve as harbingers of the economic and environmental costs to come if this crucial threat is not controlled."
The letters state, ". . .we urge you to take immediate action to cut through any and all administrative and bureaucratic obstacles that exist. . . so that. . .agencies involved can execute the plans without delay. Response personnel must be given every opportunity possible to eliminate the risk of this invasion by Asian carp and avoid almost certain disastrous economic and environmental consequences to the Great Lakes, a unique resource shared between the United States and Canada. This is a battle that we cannot afford to lose."

Meanwhile, the Milwaukee Journal Sentinel reported on November 19, that the "decade-old battle to keep Asian carp out of the Great Lakes might be over." Citing new Asian Carp DNA research that shows the fish likely have made it past the $9 million electric fish barrier on the Chicago Sanitary and Ship Canal. Information released by the Chicago District of the Army Corps of Engineers on November 20, indicates areas above the electric barrier on the Calumet Sag Channel as far as the Obrien Lock where Asian Carp DNA was recently detected. The sampling was done on October 10, 2009.

On November 20, reacting to the new testing showing the presence of Asian carp DNA past the electric barrier and adjacent to the O’Brien Lock just 6 miles south of Lake Michigan in the Calumet River, the Alliance for the Great Lakes joined other conservation groups including National Wildlife Federation, Great Lakes United, and the Healing Our Waters-Great Lakes Coalition in calling for an immediate closure of all Chicago waterways and locks leading to Lake Michigan "in a last-ditch attempt to keep the destructive Asian carp from invading the Great Lakes."

The groups demanded that "the U.S. Army Corps of Engineers and state of Illinois close the O'Brien, Chicago River and Wilmette locks until monitoring results show the waterways are completely clear of bighead and silver carp and that an electric barrier built to keep them out of Lake Michigan and the other Great Lakes has not been breached."

Access a release from IJC (
click here). Access the letters (click here). Access the Milwaukee Journal Sentinel article (click here). Access the Army Corps information (click here). Access the Army Corps website for more information on the Asian Carp migration (click here). Access a release from the Alliance with links to additional information (click here). Access a report from the Detroit Free Press (click here).

Monday, November 16, 2009

Ship Canal To Close For Asian Carp Barrier Maintenance

Nov 13: Illinois Department of Natural Resources (IDNR) and the U.S. Army Corps of Engineers (ACOE) announced that a section of the Chicago Sanitary and Ship Canal (CSSC) is planned to be closed to all traffic, weather permitting, beginning December 2 for a period of four to five days. During the first week of December, the ACOE is planning to perform scheduled maintenance on Barrier IIA, one of two electric barriers presently in operation on the Chicago Sanitary and Ship Canal constructed to prevent the movement of the destructive Asian carp into Lake Michigan and the Great Lakes. Performing scheduled maintenance is required in order to maintain reliability of the structures and minimize the risk of unplanned outages due to inadequate maintenance.

During the maintenance shutdown, Barrier I will remain active. However, because of late summer detection of Asian carp near the barrier system and concern that Barrier I may not be effective in deterring juvenile fish, a fish toxicant called rotenone will be applied to the canal between the barrier and the Lockport Lock and Dam. The application will allow for the removal of Asian carp and other fish to keep them from advancing past the barrier toward Lake Michigan. Illinois EPA water quality experts will be monitoring downstream of the application zone to ensure that the waters of the state are protected, and the chemicals do not move beyond the designated application area.

IDNR Assistant Director John Rogner said, “The barrier is currently the only protection against Asian carp for the Great Lakes and the maintenance shutdown may present an opportunity for the destructive fish to advance up the canal toward Lake Michigan. During this process, the U.S. Coast Guard will be enforcing a safety zone and the Chicago Sanitary and Ship Canal (CSSC) will be closed to all commercial and recreational vessel traffic between CSSC Mile Marker 291 and CSSC Mile Marker 298.


Michigan Lt. Governor John Cherry issued a release saying that because work on the planned second part of the existing barrier (2B) isn't complete, an emergency response plan was announced to ensure that carp are contained when Barrier 2A is deactivated for planned maintenance in December. Cherry said, "Michigan has supported plans to protect the Great Lakes during a period when the existing barrier may be deactivated for maintenance, however, these emergency response efforts fall short of the long term solution needed. We know the damage Asian Carp would cause if they reached the Great Lakes, and we must take every available action to prevent that from happening."

Cherry called for the following actions: completion of work on Barrier 2B; full power operation of Barrier 2A (currently operating at half power); installation of a physical barrier to prevent carp, detected in the nearby Des Plaines River, from entering the Chicago Sanitary and Shipping Canal during periods of flooding; and making the CSSC a priority as the Corps of Engineers studies a range of options and technologies to prevent the transfer of aquatic invasive species.

Access an announcement from IDNR and link to more information on the Asian Carp (
click here). Access a Federal Register announcement [74 FR 58545-58550, 11/13/09] from the Coast Guard (click here). Access a release from Lt. Governor Cherry (click here).

Friday, November 13, 2009

Comments Wanted On Mercury Emission Reduction Strategy

Nov 12: The Great Lakes Regional Collaboration (GLRC) announced a sixty-day public comment period for a Draft Great Lakes Mercury Emission Reduction Strategy. In fulfillment of a Collaboration Strategy recommendation, in April 2008 representatives from the Great Lakes states and U.S. EPA commenced development of a basin-wide Strategy for the reduction of mercury emissions. A draft Strategy is now available for public comment through January 12, 2010. GLRC invites comments on the Strategy itself and on how best to move forward with implementation, as well as commitments from stakeholders to implement components of the Strategy.

A copy of the initial draft document was first distributed to stakeholders for a 30-day review and comment period to provide input on the structure of the report and the emission sources to be covered in detail in the final document. The draft report reflects recommendations based on feedback received. A summary of those comments is also available.

The following information is available: Draft Great Lakes Mercury Emission Reduction Strategy, November 10, 2009; and related document: Mercury Emission Reduction Strategy Development Process and Team Structure; Mercury Emission Reduction Strategy Management Team Members; Response to Public Comments Received on Draft Outline and Background Sections of Great Lakes Mercury Emissions Reduction.

Access an announcement and links to all documents and commenting instructions (
click here).

Enviros Still Oppose U.S. Steel’s Draft NPDES Permit

Nov 12: In a release, the Alliance for the Great Lakes announced that the region’s third-largest discharger of arsenic and lead could continue releasing "unlimited amounts of arsenic" and only slightly less lead to Great Lakes waters under a proposed Indiana permit. The Alliance is encouraging the public to demand stricter pollution limits at a hearing on the draft wastewater discharge permit for U.S. Steel’s Gary Works plant, scheduled for 6 PM Wednesday, November 18 in Gary. Those unable to attend the hearing can submit written comments through November 30.

Lyman Welch, the Alliance Water Quality Program manager said, “Strong pollution limits need to be written into the permit now. Or we’ll spend more time and taxpayer dollars getting this pollution out of the water later.” The Alliance said despite numerous permit revisions to resolve objections from EPA as well as comments from their comments and those from other environmental groups, "the revised permit still falls short." Welch said, “While we are pleased with many improvements made in the proposed permit since the last public hearing, Indiana must go further to reduce toxic chemicals dumped into Lake Michigan from storm water runoff.”

On October 15, 2009, 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 10/19/09]. EPA said it was withholding final judgment on the new draft permit until Indiana Department of Environmental Management's 45-day comment period, including the November 18 public hearing, is completed and all comments are considered. On October 14, IDEM proposed the revised draft permit for the steel mill that EPA said "addresses objections raised by EPA in October 2007." EPA said, "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."

Access a release from the Alliance with links to additional information including the draft permit (click here). Access more information and background from EPA (click here). Access an IDEM fact sheet (click here).

Friday, November 6, 2009

Regional Body & Compact Council To Meet Dec. 8

Nov 6: The Great Lakes-St. Lawrence River Water Resources Regional Body (Regional Body) announced it will meet on December 8, 2009, at 2:00 PM EST. The conference call meeting will be open to the public and will include an opportunity for public comments. An agenda and materials to be discussed will be available in coming weeks on the Regional Body website (See link below).

Additionally, the Great Lakes-St. Lawrence River Basin Water Resources Council (Compact Council) will meet on the same day at 3:00 PM. The conference call meeting will be open to the public and will include an opportunity for public comments. An agenda and materials to be discussed will be available on the Council of Great Lakes Governors website in coming weeks (See link below). The Council of Great Lakes Governors serves as Secretariat to the Regional Body and the Compact Council.

Access the Regional Body information (click here). Access the Compact Council information (click here).

Thursday, November 5, 2009

Comments Wanted On IJC Work Group Reports

Nov 3: The International Joint Commission (IJC) is inviting comments on a series of reports it released in September on its 2007-09 Priorities under the Great Lakes Water Quality Agreement between Canada and the United States. The reports, developed by work groups of the IJC advisory boards, address critical issues of the nearshore, eutrophication, beaches and recreational water quality, chemicals of emerging concern, binational aquatic invasive species (AIS) rapid response, and the benefits and risks of Great Lakes fish consumption.

Commissioners of the IJC are encouraging persons to provide comment on the Work Group Reports during an open public comment period running now through November 30th. The Commission is developing its 15th Biennial Report on Great Lakes Water Quality based on the reports and comments received from the public at its Biennial Meeting in Windsor last month and during this open comment period [See WIMS 10/6/09].

Access the reports and provide your comments online conveniently (click here).
Access links to the key documents for the review of the Great Lakes Water Quality Agreement (GLWQA) between Canada and the United States (
click here).