Interim Rule & Comments On MARPOL Annex V Amendments

Feb 28: The U.S. Coast Guard published an interim rule [78 FR 13481-13493] with a request for comments to conform regulations to the adopted MARPOL Annex V amendments which entered into force on January 1, 2013. The International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V (Garbage) amendments prohibiting the discharge of garbage from vessels unless expressly allowed were adopted by the International Maritime Organization's Marine Environmental Protection Committee in July 2011 and implemented domestically through the Act to Prevent Pollution from Ships (APPS). Under this rule, the only allowed
discharges will be certain food wastes, cargo residues, cleaning agents and additives in wash waters, and animal carcasses. The interim rule is effective April 1, 2013, and comments and related material must be submitted on or before May 29, 2013.

 

    MARPOL applies to the oceangoing vessels of all signatory flag administrations. Domestically, APPS requires all vessels subject to MARPOL to be in compliance with its provisions while in U.S. navigable waters. APPS goes further and specifically applies the provisions of Annex V to U.S. navigable waters as well as all other waters and vessels over which the United States has jurisdiction, including U.S. vessels in U.S. internal waters. With some exceptions, the discharge of all garbage into the Great Lakes or their connecting or tributary waters is prohibited.

 

    Access the FR announcement (click here). Access the docket to submit and review comments (click here). [GLakes/MARPOL]

 

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NWF Questions First Proposed Diversion Under Great Lakes Compact

Feb 27: A new National Wildlife Federation (NWF) report raises questions on whether a Wisconsin community needs to divert water from the Great Lakes to meet its water needs. The City of Waukesha is applying to divert Lake Michigan water. The application is the first since the passage of the Great Lakes Compact which bans diversions of Great Lakes water and promotes wise water use within the eight states and two Canadian provinces bordering the lakes. NWF said that many conservation groups view Waukesha's application as precedent-setting. Marc Smith, NWF Senior Policy Manager said, "Our analysis finds that Waukesha might not need to divert Great Lakes water to meet its water needs. The city has options on the table that may satisfy their water needs. In short, they have not justified their need for a Lake Michigan diversion."

 

    The report, An Analysis of the City of Waukesha Diversion Application, authored by Jim Nicholas, a scientist and retired director of the U.S. Geological Survey's Michigan Water Science Center, finds that Waukesha's demand for water has been decreasing since the late 1980's. However, in their diversion application, the city projects a much higher demand that is inconsistent with historical trends. Moreover, the report identifies that existing alternative sources of water are available and may be feasible to meet existing and future demands -- opening up questions over whether or not a Lake Michigan diversion is necessary. The report's scope did not include costs associated with various alternative sources of water, nor the environmental impacts of infrastructure and return flows to Lake Michigan.

    Smith said, "Our goal for this report is to provide the Wisconsin Department of Natural Resources an objective scientific evaluation of the Waukesha diversion application. The report focuses on conservation measures, demand forecast, and environmental impacts of withdrawals." The diversion application is the first since the Great Lakes Compact passed in 2008.  Waukesha is eligible to apply for Great Lakes water because it lies within a county that straddles the Great Lakes and Mississippi River divide. That county, Waukesha County in southeastern Wisconsin, is located 18 miles west of Milwaukee and Lake Michigan.

    Smith said, "The Great Lakes Compact is clear on what is expected of any diversion application. We support the thorough review of the application by the Wisconsin Department of Natural Resources. Our report indicates that as of today, Waukesha does not show the burden of proof in this application." The precedent-setting application must not only stand up to the scrutiny of the Wisconsin Department of Natural Resources, but must undergo regional review by the governors of the seven Great Lakes states of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York and the Canadian premiers of Ontario and Quebec. Applications for exceptions in straddling counties must also be approved by all eight of the governors.

    Access a release from NWF and link to the complete 35-page report and a blog posting (click here). [GLakes/Diversion]

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USACE Releases OH & NY Aquatic Pathway Assessment Reports

Feb 22: The U.S. Army Corps of Engineers (USACE) and the Great Lakes and Mississippi River Interbasin Study (GLMRIS) released for public comment four draft Ohio, and one draft New York, Aquatic Pathway Assessment Reports that estimate the likelihood of an aquatic pathway forming and the possibility of aquatic nuisance species (ANS) using it to reach the adjacent basin. Comments on the four draft Ohio and one draft New York reports will be accepted through March 22, 2013 and may be submitted electronically on the website below.

 

    The draft reports, which were developed in coordination with Federal, state and local partners, show that Ohio-Erie Canal at Long Lake (Summit County) has a medium probability for the inter-basin movement of silver, bighead and black Asian carp and the northern snakehead; and Little Killbuck Creek (Medina County) has a medium probability for the inter-basin movement of the viral hemorrhagic septicemia virus (VHSv), threespine stickleback, ruffe and tubenose goby and parasitic copepod.

    The medium rating indicates that while ANS transfer could occur at these locations, it is estimated that none of the ANS would likely be able to reach the aquatic pathway within the next 20 years. Grand Lake-St. Mary's (Mercer County), Mosquito Creek Lake-Grand River (Trumbull County) and the one potential pathway location for New York at East Mud Lake (Chautauqua County) have a low probability for the inter-basin movement of ANS, meaning it is unlikely for ANS of Concern to reach the pathway location on their own and to establish a population in the vicinity within the next 50 years.

 

    Access a release from GLMRIS (click here). Access the Aquatic Pathway Assessment Reports by states and link to the commenting forms (click here). [#GLakes/AsianCarp, #GLakes/ANS]

 

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Interim Report Asian Carp Environmental DNA Calibration Study

Feb 20: The U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS) and U.S. Geological Survey (USGS), released an interim report for the Asian Carp Environmental DNA Calibration Study (ECALS), which is a three-year study funded through the Great Lakes Restoration Initiative, as scoped by the Asian Carp Regional Coordinating Committee (ACRCC) Asian Carp Control Strategy Framework. The agencies will host a stakeholder conference call February 26 at 10 AM (Central) to answer questions regarding the report.

    USACE Environmental DNA (eDNA) Program Manager Kelly Baerwaldt said, "The purpose of ECALS is to improve the understanding and interpretation of Asian carp environmental DNA results, so we can refine and make this relatively young monitoring tool the most effective to detect live Asian carp presence." Initial ECALS efforts within the report focus on identifying alternative sources of eDNA beyond a live Asian carp, whereas marker development to aid in detecting the specific species and calibration experiments that look at factors that may influence the detection, degradation or persistence of DNA will receive greater attention in 2013.

    Among preliminary findings: Storm sewers, fisheries sampling gear, fish-eating birds, dead fish carcasses, barges, and sediments may contribute to a positive eDNA detection without a live fish being present; DNA can stay on these sources for a numbers of days; Tagged-bird studies show large variations in bird movement and consumption of Asian carp in the wild, which may lead to positive detection of Asian carp eDNA in bird feces; Shedding rates of DNA from Asian carp were not affected by different temperatures or flow rates of water; and DNA from Asian carp sperm can be detected for over two weeks after release from an Asian carp.

    Access a release from USACE with more details on the conference call and related information (click here). Access a separate release from the ACRCC with links to an Executive Summary; eDNA Fact Sheet; ECALS Fact Sheet; and the ECALS Report (click here). [#GLakes/AsianCarp]

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Mayors Say "Serious Crisis" With Great Lakes Water Levels

Feb 15: In a brief letter to President Obama and Canadian Prime Minister Stephen Harper, Mayors from the Great Lakes and St. Lawrence Cities Initiative (GLSLC) have expressed what they are calling a "serious crisis" regarding Great Lakes water levels. In their letter the Mayors said:

"There is a serious crisis on the Great Lakes and St. Lawrence right now with water levels on Lakes Michigan and Huron at historic lows and well below average levels on the other lakes and the St.Lawrence. The impacts are widespread and significant. Commercial shipping and recreational boating, water intake structures, coastal wetlands, beaches, and many of the things that are so important to our economic well- being and quality of life are being adversely affected.

 

"As mayors of 96 cities in the United States and Canada along the Great Lakes and St. Lawrence with over 16 million citizens, we are living with the effects of these low water levels on a daily basis. We ask that you engage the full authority of your offices to find near, mid, and long term solutions to this problem. Although the International Joint Commission has conducted extensive studies and come up with some recommendations, the situation has deteriorated, especially in Georgian Bay, and needs prompt action.

 

"We stand ready to work with your offices and your departments, ministries, and agencies to find solutions and implement them promptly. . ."

    Access the complete letter (click here). [#GLakes/Levels]

 

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Presque Isle Bay In PA Removed From AOC List

Feb 14: U.S. EPA announced that Presque Isle Bay, on the Pennsylvania shore of Lake Erie, has been removed from the list of heavily contaminated Great Lakes sites targeted for cleanup by the U.S.-Canada Great Lakes Water Quality Agreement. Environmental conditions in Presque Isle Bay have significantly improved due to actions taken by Federal, state and local government. Studies have shown that revitalized waterways, like Presque Isle Bay, can benefit the local economy and better protect people's health. Presque Isle Bay is now the second site in the nation to be taken off the list of Great Lakes Areas of Concern (AOCs). Presque Isle Bay's delisting reduces the number of AOCs to 29 contaminated sites wholly in the U.S. or shared with Canada.

    On her last day as EPA Administrator, Lisa Jackson said, "I'm proud to announce that Presque Isle Bay is no longer considered an Area of Concern. We still have a great deal of work to do in the Great Lakes, but this is a positive step that will help protect people's health and the environment in the community. President Obama has made cleaning up the Great Lakes a priority for his Administration, and delisting Presque Isle Bay is a big step toward fulfilling that commitment."

    In a release EPA indicated that the historic discharge of industrial and domestic wastewater contaminated Presque Isle Bay with excessive nutrients, organic compounds, toxic metals and other pollutants. Improvements at Erie's wastewater treatment plant, along with the waterfront's conversion from heavy industrial to commercial use, reduced pollution and helped restore the bay.
The Pennsylvania Department of Environmental Protection will continue to monitor ecological conditions in Presque Isle Bay, with support from EPA.

 

    Access a release from EPA (click here). Access more information on Presque Isle Bay (click here). Access more information on the Great Lakes Restoration Initiative (click here). [#GLakes/AOC]

 

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Record Lowest Ever Water Levels For Lake Michigan-Huron

Feb 5: The U.S. Army Corps of Engineers, Detroit District through its Great Lakes Hydraulics and Hydrology Office reports a preliminary new record low water level for Lake Michigan-Huron for the second month in a row.  The new record low of 175.57 meters or 576.02 feet is not only the lowest January monthly average water level ever recorded, but also the lowest monthly average ever recorded for any month over the official period of record for Great Lakes water levels, which extends back to 1918.  The Corps issues water level forecasts for the Great Lakes in coordination with Environment Canada, and with the use of water level data and forecasting models developed by the National Oceanic and Atmospheric Administration's Great Lakes Environmental Research Laboratory and National Ocean Service. The Corps latest forecasts indicate a strong likelihood for continued record lows on Lake Michigan-Huron over the next several months. Water levels on the remaining Great Lakes are expected to remain below their respective long-term average water levels, but above record lows.
 
    John Allis, Chief of the Great Lakes Hydraulics and Hydrology Office said, "Not only have water levels on Michigan-Huron broken records the past two months, but they have been very near record lows for the last several months before then. Lake Michigan-Huron's water levels have also been below average for the past 14 years, which is the longest period of sustained below average levels since 1918 for that lake."
 
   The current record low water levels on Lake Michigan-Huron are the result of lower than average snowfall during the winter of 2011-2012, coupled with the very hot and dry summer. Together these conditions led to only a 4 inch seasonal rise of Lake Michigan-Huron in 2012, compared to an average rise of 12 inches. Also, evaporation was significantly above average during the summer and fall months and contributed to a very rapid seasonal decline.
 
    Access a release from USACE-Detroit (click here). Access the USACE-Detroit website for more information on Great Lakes water levels (click here). [#Glakes/Climate]

 

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Senate EPW Hearing On Harbor Maintenance Trust Fund

Jan 31: The Senate Environment and Public Works (EPW) Committee, Chaired by Senator Barbara Boxer (D-CA), with Ranking Member David Vitter (R-LA), held a hearing entitled, "The Harbor Maintenance Trust Fund and the Need to Invest in the Nation's Ports." Witnesses included: Jo-Ellen Darcy, Assistant Secretary of the Army (Civil Works); and representatives from Port of Los Angeles; Associated Branch Pilots; Alabama State Port Authority; the American Society of Civil Engineers' Coasts, Oceans, Ports and Rivers Institute.

 

    In an opening statement, Senator Boxer introduced Sen. Vitter as the new Ranking Member and said they were working together on legislation for the Harbor Maintenance Trust Fund. She said, "The Harbor Maintenance Trust Fund is the primary source of Federal investment to maintain America's ports. The Trust Fund is financed through a fee on the value of cargo imported through coastal and Great Lakes ports. According to the American Society of Civil Engineers, if funding continues at current levels, by 2040 the U.S. will face a shortfall of nearly $28 billion to meet the dredging needs of the nation's ports. As we will hear from our witnesses today, this funding gap can have significant economic consequences.

    "Increasing investment in ports and reforming the Harbor Maintenance Trust Fund will be critical components of the next Water Resources Development Act – known as WRDA. Senator Vitter and I have already begun working together on this vital legislation which supports water resources infrastructure nationwide. WRDA authorizes the projects and programs of the U.S. Army Corps of Engineers and provides many benefits to the American people -- including expanding and maintaining navigation routes for commerce."

 

    She continued saying, "Significant challenges remain in working to ensure that revenues collected in the Harbor Maintenance Trust Fund are fully expended, including identification of necessary offsets. I look forward to collaborating with all of my colleagues as we look for creative solutions to this challenging issue. In addition, we must also look at ways to ensure that ports which collect the most Harbor Maintenance Trust Fund revenues receive an equitable share of Federal investment. Currently, some of these ports receive only a fraction of the funds that users of their ports pay into the Trust Fund. I have proposed a provision for the next WRDA bill that would increase equity for ports nationwide. The provision would allow certain ports to use harbor maintenance funds for limited additional uses after other traditional operation and maintenance needs are met. This would be an important step forward in ensuring our nation's most essential ports receive an equitable share of harbor maintenance revenues.

   

    The Great Lakes Governors have applauded the recent introduction of legislation that would permanently fix the nation's dysfunctional funding program to maintain ports and harbors [See WIMS 1/25/13]. Specifically, the Governors pledged their support for the Realize America's Maritime Promise (RAMP) Act, H.R. 335, and commended the sponsors for their leadership in introducing this bill. The bill was introduced by Rep. Charles Boustany, Jr. (R-LA) and has 47 cosponsors.

 

    Michigan Governor Rick Snyder (R), Co-Chair of the Council of Great Lakes Governors (CGLG) said, "I applaud the Congressmen for working to enact what is really a simple solution to a major problem—actually spending funds already collected for the purpose of harbor maintenance on harbor maintenance. This solution is critical for our region's ports and harbors, and for the national economy." Illinois Governor Pat Quinn (D), Co-Chair said, "Congress must act to provide relief to our harbors. Drought and low water levels have created a crisis that is only compounded by the failure to spend federal funds that have already been collected and set aside for just this purpose." 

    Access the hearing website and link to all testimony and a webcast (click here). Access legislative details for HR.335 (click here). [#GLakes/Harbors] 

 

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