Monday, April 30, 2012

NWF Says Oil Pipeline Laws Don't Protect The Great Lakes

Apr 30: Nearly two years after one of the worst oil spills in Midwest history (i.e. the Enbridge Marshall Spill to Talmadge Creek and the Kalamazoo River), a new legal analysis by the National Wildlife Federation (NWF) reveals that laws governing oil pipelines do not adequately protect the Great Lakes and its communities from oil pollution -- and that states have not passed their own laws to fill in the gaps. Sara Gosman, water resources attorney for the NWF's Great Lakes office and lecturer at the University of Michigan Law School said, "Current laws leave the door open to future oil spills. Contrary to common perception, oil spills are an ongoing problem in the region. Federal and state laws should do more to prevent spills and protect our communities, economy and wildlife."
 
    NWF notes that pipeline spills in the Midwest are not an anomaly -- "they occur frequently and result in significant damage." The Great Lakes states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin contain 26,972 miles of hazardous liquid pipelines, according to the Department of Transportation, Pipeline and Hazardous Materials Safety Administration. NWF indicates that hazardous liquid pipelines primarily carry petroleum and petroleum products, as opposed to gas pipelines which primarily carry natural gas. There were 277 hazardous liquid pipeline accidents in the region between 2007-2011, which spilled more than 3.8 million gallons of these liquids into the environment, resulting in more than $893 million dollars of property damage, according to the agency.
 
    Nick Schroeck, executive director of the Great Lakes Environmental Law Center said, "Pipeline safety is a problem that has remained under the radar for far too long. Increasing public disclosure and strengthening environmental protection is long overdue." The new report -- written by NWF's Gosman and University of Michigan Law School students -- analyzes pipeline safety laws from beginning to end: from siting and routing of pipelines; to how pipelines are maintained and repaired once they are in the ground; and finally to how operators must plan for and report spills if they happen.
 
    Nick Schroeck, executive director of the Great Lakes Environmental Law Center said the report, After the Marshall Spill: Oil Pipelines in the Great Lakes Region, A Legal Analysis, exposes gaps in laws that leave communities vulnerable to future oil pollution. The report finds: There is no federal review of the long-term risks associated with routing of new oil pipelines or consideration of impacts to entire watersheds such as the Great Lakes basin; The Federal Integrity Management program, which requires operators to assess the condition of existing lines, install leak detection systems, and repair defects on a set timeline, only protects some environmentally sensitive areas; and, Spill response planning may not be adequate because oversight is divided between federal agencies. Further, the report finds that Great Lakes states have done little, if anything, to improve pipeline safety. Many states have ignored the issue, while other states have imposed minimal requirements. Moreover, public involvement in federal pipeline regulation is limited, as is public access to information. 
 
    The report recommends several policy changes at the state and federal level to prevent future oil spills in the Great Lakes region, including: Pipeline laws should consider the effects of oil pipelines on the Great Lakes basin as a whole and should protect all areas that are environmentally sensitive to oil pollution; Pipeline information should be publicly available, consistent with national security interests; and, States should regulate intrastate pipelines and participate in the oversight and inspection of interstate pipelines.
 
    [WIMS notes that Congress recently passed and the President signed the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (H.R.2845) [See WIMS 1/12/12] on January 3, 2012, as Public Law No: 112-90. The NWF report discusses some of the provisions and the effects].
 
    Access an overview, maps, the complete 20-page report and related information (click here). Access PL 112-90 (click here).
 
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Monday, April 23, 2012

Stabenow & Camp Introduce Stronger Asian Carp Control Bill

Apr 19: U.S. Senator Debbie Stabenow (D-MI) and Representative Dave Camp (R-MI) introduced bipartisan, bicameral legislation to prevent Asian carp and other invasive species from entering the Great Lakes and destroying the Lakes' ecosystem. The Stop Invasive Species Act (S.2317 & H.R.4406) would require the speedy creation of an action plan to block Asian carp from entering the Great Lakes through a number of rivers and tributaries across the Great Lakes region. 

    A bipartisan bill Senator Stabenow and Congressman Camp introduced last year, the Stop Asian Carp Act, required the Army Corps of Engineers to develop an action plan to permanently separate Lake Michigan from the Chicago Area Waterway System, long seen as the carp's primary entry point to the Great Lakes. The new bill goes further to require a plan to stop Asian carp at all potential entry points.

    Senator Stabenow said, "It has become clear that Asian carp are migrating throughout the Great Lakes region, and efforts to stop the spread of this invasive species must now address every possible point of entry. Asian carp pose a grave threat to Michigan's $7 billion fishing industry, $16 billion recreational boating industry and the entire Great Lakes ecosystem and we need action now. We can't afford to wait." Representative Camp said, "The threat Asian carp pose to the Great Lakes ecosystem and economy is urgent. This measure expedites the necessary hydrological separation study in order to protect the Great Lakes, the hundreds of thousands of jobs, the Great Lakes support."

    The bill would require the U.S. Army Corps of Engineers to submit to Congress an expedited action plan with options for stopping Asian carp from penetrating the Great Lakes across 18 possible points of entry. The bill requires the Army Corps to submit a progress report to Congress and the President within 90 days of the law's enactment. The full plan would need to be completed within 18 months. Under the bill, the Army Corps would continue to examine modes of transportation across key waterways to ensure shipping could continue while mechanisms for preventing Asian carp from destroying the Great Lakes are implemented.

    According to a release, the bill is supported by the Great Lakes Commission, The Great Lakes Fishery Commission, Alliance for the Great Lakes, Healing our Waters Coalition, National Wildlife Federation and Trout Unlimited. Congressman Camp is joined by Representative Louise Slaughter (D-NY) as the lead Democratic sponsor in the House. Senator Stabenow and Senator Rob Portman (R-OH) are leading the measure in the Senate, and are joined by Senators Sherrod Brown (D-OH), Dick Durbin (D-IL), Carl Levin (D-MI), Robert Casey (D-PA), Chuck Schumer (D-NY), Kirsten Gillibrand (D-NY), Amy Klobuchar  (D-MN), and Al Franken (D-MN).

    Access a joint release (click here). Access legislative details for S.2317 (click here); and H.R.4406 (click here).

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EPA Announces $20 Million For GLRI Projects In FY12

Apr 19: U.S. EPA announced that it is requesting applications from states, municipalities, tribes, universities and nonprofit organizations for new projects to restore and protect the Great Lakes. EPA indicated it will distribute approximately $20 million through the Great Lakes Restoration Initiative (GLRI) grant program during Fiscal Year 2012. EPA Great Lakes National Program Manager Susan Hedman said, "These grants will support critical work to restore the Great Lakes, which provide drinking water to 30 million Americans and support a multi-billion dollar economy."

    Grants will be available on a competitive basis to fund a wide range of projects in the Great Lakes basin, including work to target invasive species, to protect public health, and to reduce the impact of toxic substances and nonpoint source pollution.
Hedman said, "The work funded by these grants will protect waters that are essential to the health and jobs of millions of Americans." Applications are due by 11:59 PM on, May 24. Webinars on the application process will be held at 2 PM on, May 3, and at 10 AM on, May 14.
 
    Access a release from EPA (click here). Access more information about applying for EPA's GLRI grants in the 2012 Request for Applications (click here). Access more information about the Great Lakes Restoration Initiative (click here).
 
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Monday, April 16, 2012

Subscribers & Readers Notice:

We will be taking our Spring publication break this week. 
We will resume publication on Monday, April 23, 2012.
 
During our break you may want to
follow some of the news on our:
 
WIMS Environmental News Blogs:
 

Wednesday, April 11, 2012

EPA OIG Says GLNPO Should Improve Internal Accounting Controls

Apr 10: U.S. EPA's Office of Inspector General (OIG) issued a report entitled, Great Lakes National Program Should Improve Internal Controls to Ensure Effective Legacy Act Operations (No. 12-P-0407, April 9, 2012). OIG indicated that it conducted the audit to determine whether U.S. EPA has adequate controls over various financial aspects of the Great Lakes Legacy Act of 2002 (GLLA) funding and payments, and to determine whether project agreements contain goals that tie to the Agency's strategic plan, hold parties accountable, and ensure that nonfederal sponsors meet their obligations.

    Under GLLA, the Great Lakes National Program Office (GLNPO) performs sediment remediation using partnerships with nonfederal sponsors to accomplish the work. The nonfederal sponsor is required to provide a minimum of 35 percent of the effort in cash or in-kind contributions to the project.

    GAO found that the GLLA program funding has increased five-fold over the last 7 years; however, the program has not established needed internal controls to ensure effective operations. For example, while GLLA project agreements contain environmental goals that tie to EPA's strategic plan:
  • GLNPO is not timely forwarding project agreements to the EPA Finance Center.
  • EPA is not tracking and recording actual in-kind contributions.
  • GLLA project agreements do not always include exact due dates and amounts for payments from nonfederal sponsors.
  • GLNPO has not been performing final accounting timely and does not keep adequate documentation of the reviews.
  • GLNPO does not verify a nonfederal sponsor's financial capability or whether the nonfederal sponsor maintains an adequate accounting system prior to entering into a cost-sharing agreement. 
    Because of limited staffing at the beginning of the program, GLNPO's initial strategy was to focus on hiring essential technical staff (engineers and scientists) and leveraging the resources of other offices to help administer the program. The program has grown in terms of resources and staffing, but the focus on programmatic over financial activities negatively affected GLNPO's development of internal controls and led to many of the findings in this report. Without adequate internal controls, funds owed from nonfederal sponsors may not be collected timely, costs invoiced on GLLA projects may not be reasonable and allowable, and nonfederal sponsors with whom GLNPO enters into project agreements may not be able to meet their commitments. 
 
    GAO recommended that EPA develop and implement policies and procedures for GLNPO that address the establishment of accounts receivable, recording of in-kind contributions, completion of final accounting, and reviews of the financial capability of nonfederal sponsors. EPA took action to address most of the recommendations and provided an action plan to address the remaining recommendation.

    Access the complete report (click here).

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Tuesday, April 10, 2012

Kathryn Buckner To Head Council Of Great Lakes Industries

Apr 10: The Board of Directors of the Council of Great Lakes Industries (CGLI), an association of major U.S. and Canadian companies and business associations committed to the sustainable development of the Great Lakes Region, announced that Kathryn Buckner, an experienced environmental lawyer, will take over as president. George Kuper, who has been president since 1994, will become chairman. He has been acting chairman since the death of former chairman Robert Stempel last year.
 
    CGLI works with regional stakeholders on environmental policy initiatives that benefit from a sustainable development focus. The organization seeks policy that is ecologically sustainable, promotes economic progress and utilizes the water-enriched assets of the region to support global competitiveness.
 
    Buckner is an experienced environmental professional with expertise in environmental stewardship, corporate social responsibility and environmental law. In addition to holding a law degree from the University of Illinois, she graduated from the University of Michigan's Erb Institute for Global Sustainable Enterprise, receiving a MBA with high distinction from the Ross School of Business and a Master of Science in Sustainable Systems from the School of Natural Resources and Environment. She currently is working to develop a strategic private sector partnership program for the Great Lakes Observing System. In a previous role as a research advisor to CGLI, she engaged members and external stakeholders in CGLI's strategic planning process.
 
    Access a release from CGLI (click here). Access the CGLI website for additional information (click here).
 
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Monday, April 9, 2012

FY 2012 Great Lakes Restoration Initiative Funding

Apr 6: In a preliminary announcement U.S. EPA indicated that in April, it expects to announce its Request For Applications (RFA) seeking the submission of competitive assistance applications for FY 2012 Great Lakes Restoration Initiative (GLRI) funding. EPA expects to award approximately $20 million of GLRI funding through this competitive RFA process. Complete applications will be due approximately 35 days after release of the announcement.  

    The implementation of projects submitted and selected pursuant to the RFA process is expected to provide numerous benefits, including:
  • -An increase in on-the-ground/in-the-water restoration or protection actions;
  • -A reduction in phosphorus loading from agricultural and urban lands that contributes to harmful algal blooms and water quality impairments;
  • -A reduction in the amount of toxic substances entering the Great Lakes;
    -Safer Great Lakes beaches; and
  • -Additional invasive species control

    Funding under the RFA will support work under four of the five Focus Areas of the GLRI Action Plan. GLRI projects principally pertaining to Area of Concern restoration, Asian carp, or habitat and wildlife protection and restoration will not be covered under the RFA, as those areas are being addressed through other GLRI funding mechanisms. EPA notes that, "If your organization anticipates submitting an application pursuant to the RFA, but you do not currently have an authorized official representative (AOR) registered with Grants.gov, we encourage you to register now. The RFA application process requires that AORs be registered." EPA indicates that registration can take from three business days to as long as four weeks.

    Access more information on the 2012 RFA (click here). Access more information on getting registered at Grant.gov (click here, click on "Get Registered"). Access the EPA Great Lakes mailing list registration to receive further information as it becomes available (click here).

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RFP For GLC Soil Erosion & Sediment Control Grants

Apr 9: The Great Lakes Commission (GLC) announced the 2012 Great Lakes Basin Program for Soil Erosion and Sediment Control grant programs. This year under the watershed grant program GLC offers two grant options -- a small scale grant project; and a larger watershed scale grant project. The due date for grant applications under either option is June 1, 2012. GLC notes that Congress has not authorized funding for either of these programs and the number and amount of the grants will be made based on the level of funding received by the Commission.

    Access the GLC Basins website for background information on the Soil Erosion and Sediment Control (click here). Access the 2012 RFP (click here).

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