Friday, March 29, 2013

Environmental Groups Say EPA's Vessel Permit Is Too Weak

Mar 29: Major environmental organizations are saying that the U.S. EPA new General Discharge Permit to regulate ballast water discharges from commercial vessels in U.S. waters "falls far short of what is needed." The coalition of organizations had previously sued the Agency to win a tougher permit. EPA announced yesterday it had issued a final vessel general permit regulating discharges from commercial vessels, including ballast water. The final vessel general permit covers commercial vessels greater than 79 feet in length, excluding military and recreational vessels, and will replace the 2008 vessel general permit due to expire on December 19, 2013. EPA said the permit regulates 27 specific discharge categories, and will also provide improvements to the efficiency of the permit process, and clarify discharge requirements [See WIMS 3/28/13].

    The environmental groups indicated in a release that invasive species introduced and spread via ballast water discharge are already wreaking havoc on U.S. waters. For example, a litany of non-native invaders -- including zebra mussels, quagga mussels, spiny water fleas and round gobies -- have turned the Great Lakes ecosystem on its head, altering the food web and threatening the health of native fish and wildlife. Non-native ballast water invaders cost Great Lakes citizens, utilities, cities and businesses at least $1 billion every five years in damages and control costs, according to research by the University of Notre Dame. Invasive species exact similar significant economic costs throughout American waterways and on both coasts.

    They said despite the significant regional economic drain brought about by invasive species, the EPA permit fails to deliver strict enough standards to protect the nation's waters, choosing instead to adopt weak International Marine Organizations (IMO) standards. While there is no hard deadline for ships to install systems to clean ballast water, EPA "expects" that the process will take a half-decade to complete.

    Previously, the groups called for the new permit to include a discharge standard stringent enough to prevent invasive species and the most protective technology standards nationwide, develop standards for "lakers" (ships that ply the Great Lakes) and put more aggressive timelines to implement new technology standards into place. None of these actions were taken, leaving American waters at risk. Groups issuing the release included: the Natural Resources Defense Council (NRDC); National Wildlife Federation's (NWF) Great Lakes office; Northwest Environmental Advocates; Great Lakes United; and the Alliance for the Great Lakes.

    Rebecca Riley, attorney for NRDC said, The Clean Water Act gives the EPA authority to stop invasive species from entering the Great Lakes in ballast water---they just chose not to use it. This failure threatens our economy and the single most important freshwater resource on the continent." Marc Smith, senior policy manager for NWF's Great Lakes office said, "The permit will not adequately protect the Great Lakes and other U.S. waters from ballast water invaders. The EPA's failure to protect water quality leaves the door open for future harm to our environment and economy."

    Access a release from the groups (click here). Access links to a 1-page fact sheet and the complete prepublication federal register notice, general permit and economic analysis (click here). Access EPA's overall Vessel Discharge website for more information(click here). [#Water, #GLakes]

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Thursday, March 28, 2013

Groups Petition For Moratorium & New Pipeline Regs

Mar 27: A coalition of landowners, former and current government officials, environmental, renewable energy and sportsmen's groups filed a petition today with the U.S. Department of Transportation's (DOT's) Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. EPA asking the agencies to develop stronger safety standards for tar sands oil pipelines.

    Beth Wallace with the Great Lakes Regional Center said, "Three years after the largest inland oil spill in U.S. history, little has been done to improve pipeline safety. This disaster should have been a wake-up call to industry, regulators and public officials. Instead industry is being allowed to expand pipelines across the region and even under the Great Lakes themselves, which will continue to put communities, wildlife and our economy at risk."   

    The petition effort is spearheaded by the National Wildlife Federation (NWF) and includes 29 national, state and local organizations as well as 36 landowners from states across the country impacted by existing and proposed tar sands pipelines. It requests a halt to new or expanded tar sands pipelines until adequate rules are in place.
 
    Jim Murphy, Senior Council at NWF said, "This petition is an exercise of citizens' rights to request that government live up to its charge to follow the law, and protect us from the harms and risk of a tar sands pipeline spill. Until the right standards are put into place, we shouldn't be exposing more communities and resources to tar sands risks. We expect the government to answer our request and live up to its charge to properly address the unique risks of tar sands transportation."
 
    According to a release from the groups, current pipeline regulations were issued long before tar sands oil production ramped up and do not cover the unique aspects of tar sands. Tar sands oil poses more acute risks than conventional fuels shipped through pipelines because the oil is a volatile mix of raw bitumen – an asphalt-like substance – diluted with gas condensates. Diluted bitumen is a toxic, viscous, corrosive substance with the consistency of gritty peanut butter that must be moved at much higher pressures and temperatures than conventional oil. Strong evidence indicates tar sands oil threatens pipeline integrity.
 
    Jeff Inkso, writer of the Line 6B citizen blog and landowner impacted by the Enbridge expansion project said, "Even after what happened in Marshall, pipeline companies have continued to run roughshod over the state of Michigan while regulatory agencies and elected officials have stood by idly and allowed it to happen."
 
    Between 2007 and 2010, pipelines in North Dakota, Minnesota, Wisconsin, and Michigan -- the main states with a history of tar sands oil pipelines -- spilled almost three times more crude oil per mile of pipeline when compared to the U.S. national average. In a scathing report on the Kalamazoo River spill near Marshall, MI, the National Transportation Safety Board pointed blame at current regulations, calling them "weak" and "inadequate." The petition requests new standards tightening several aspects of oil transport and pipeline safety:
  • Stronger safety requirements than those for conventional crude oil;
  • Industry disclosure of products carried through pipelines and their conveyance schedules;
  • Stronger industry spill response plans;
  • Shut-down requirements upon the first indication of a leak or other pipeline failure;
  • Repair of pipelines as soon as defects are discovered;
  • Transparent pipeline inspection reporting; and
  • Pipeline inspection and monitoring by independent entities unaffiliated with pipeline or energy companies;
  • A moratorium on building new or expanded tar sands pipelines until new regulations are final. 
    Supporters of the petition will be seeking cosigners over the next few months. Under the U.S. Constitution and the Federal Administrative Procedure Act, citizens can file a formal petition requesting that a Federal agency take specific actions required by law or change existing regulations. The petition requests a change in existing regulations. Federal agencies are required to respond.
 
    Access a release from NWF with a complete list of petition signers (click here). Access the complete 54-page petition with links to referenced documents and information (click here). [#Energy/Pipeline, #GLakes]
 
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EPA Issues A Final Vessel General Permit

Mar 28: U.S. EPA announced it has issued a final vessel general permit regulating discharges from commercial vessels, including ballast water, to protect the nation's waters from ship-borne pollutants and reduce invasive species in U.S. waters. The final vessel general permit covers commercial vessels greater than 79 feet in length, excluding military and recreational vessels, and will replace the 2008 vessel general permit due to expire on December 19, 2013. EPA said the permit regulates 27 specific discharge categories, and will also provide improvements to the efficiency of the permit process, and clarify discharge requirements by the following:
  • Reduce the risks of introduction of invasive species. The permit includes a more stringent numeric discharge standard limiting the release of non-indigenous invasive species in ballast water. The permit also contains additional environmental protection for the Great Lakes, which have suffered disproportionate impacts from invasive species, aligning Federal standards with many Great Lakes states by requiring certain vessels to take additional precautions to reduce the risk of introducing new invasive species to U.S. waters.
  • Reduce administrative burden for vessel owners and operators. The permit will eliminate duplicative reporting requirements, expand electronic recordkeeping opportunities, and reduce self-inspection frequency for vessels that are out of service for extended periods.
    EPA said the new discharge standards are supported by independent studies by the Agency's science advisory board and the National Research Council (NRC), and are consistent with those contained in the International Maritime Organization's (IMO) 2004 Ballast Water Convention. EPA is issuing the permit in advance of the current permit's expiration to provide the regulated community time and flexibility to come into compliance with the new requirements. The new permit is effective on December 19, 2013.
 
    Access a release from EPA (click here). Access links to a 1-page fact sheet and the complete prepublication federal register notice, general permit and economic analysis (click here). Access EPA's overall Vessel Discharge website for more information(click here). [#Water, #GLakes]
 
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Friday, March 22, 2013

Settlement Would End S.S. Badger Coal Ash Discharge

Mar 22: U.S. EPA announced the lodging of a proposed consent decree that requires Lake Michigan Carferry Service, Inc. (LMC) of Ludington, Michigan, to eliminate the discharge of coal ash into Lake Michigan from the operation of the S.S. Badger by the end of the 2014 sailing season. In 2013 and 2014, the ferry will reduce its discharge of coal ash and LMC will pay a $25,000 civil penalty for violating mercury water quality standards in 2012, according to the proposed consent decree. 

    EPA Region 5 Administrator Susan Hedman said, "This consent decree offers the fastest and most certain path available to EPA to stop the discharge of coal ash from the Badger into Lake Michigan. The enforcement agreement reduces the discharge of coal ash more quickly and with greater oversight than would occur during the appeal of a decision to issue or deny a permit -- a process that often takes several years." The S.S. Badger was authorized to discharge coal ash under the 2008 National Pollutant Discharge Elimination System (NPDES) Vessel General Permit. A permit provision authorized that discharge until December 2012. The S.S. Badger is the last coal-fired ship operating on the Great Lakes.

    Last year, LMC applied for an individual NPDES permit to allow the S.S. Badger to continue discharging coal ash into Lake Michigan. In light of the settlement announced, EPA does not plan to make a decision on that permit application. DOJ and EPA will accept and consider comments on the proposed consent decree during a 30-day public comment period, to be announced shortly in the Federal Register. The proposed consent decree is available now on the DOJ website (see below).

    Access a release from EPA (click here). Access the legal complaint filed in Federal Court (click here). Access the proposed consent decree (click here). Access extensive background and a chronology on the S.S. Badger issue from EPA (click here). [GLakes, #Toxics, #Water]

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Tuesday, March 19, 2013

Call For Papers On Great Lakes Restoration & Sustainability Issues

Mar 19: U.S. EPA's Office of Great Lakes has announced that Environmental Practice, the Journal of the National Association of Environmental Professionals, is seeking papers for possible publication. The issue topic is "Great Lakes Sustainability," featuring Guest Editor Dr. Susan Hedman, EPA's Great Lakes National Program Manager.
 
    EPA indicates that in light of the many difficult and complex challenges facing the Great Lakes ecosystem today, and given the current focus on its restoration and protection, this issue of Environmental Practice will be dedicated to exploring the challenges faced in Great Lakes restoration.  The Journal welcomes a variety of perspectives and submissions from scholars, practitioners, and students.  Manuscripts are particularly sought with a focus on public policy. The deadline for submittals is May 15, 2013.
 
    Access answers to questions from Dan Carroll, Managing Editor, Phone: 773-325-2298; or Lead Editor Kelly Tzoumis, Email: (click here). [#GLakes]
 
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Monday, March 18, 2013

Adaptive Management Plan To Address Great Lakes Water Levels

Mar 15: On May 29, 2012 the International Joint Commission (IJC) issued a directive to establish the International Great Lakes-St. Lawrence River Adaptive Management Task Team and directed it to develop a detailed Adaptive Management Plan to address future extreme water levels in the Great Lake-St. Lawrence River system. The bi-national Team has now released its proposed Adaptive Management Plan -- Building Collaboration Across the Great Lakes – St. Lawrence River System: An Adaptive Management Plan for Addressing Extreme Water Levels. The proposed Adaptive Management provides a new approach to addressing water level issues, one that is based on working collaboratively with partners in the Great Lakes-St. Lawrence River system to gather and share critical information over time; assess the information with state-of-the art tools; develop adaptation strategies; measure collective success in managing the impacts of extreme water levels; and adapt accordingly. Its goal is provide a more efficient and cost effective way to support decision-making aimed  at reducing the impacts associated with future extreme water levels.

    The Adaptive Management Task Team is seeking input from the public on the draft Plan between March 15 and April 15, 2013. In particular, the Task Team would like feedback on the following: Do you support the general adaptive management approach for addressing future extreme water levels?; How could the proposed Adaptive Management Plan be improved?; and What concerns do you have about the proposed Adaptive Management Plan? Comments on the proposed Adaptive Management Plan can submitted until April 15, 2013. Comments submitted on-line will appear on the website and will contribute to the broader discussion. Following the public comment period, the Task Team will revise the Adaptive Management Plan and forward it to the IJC for its consideration.

    The Task Team is hosting a series of seven topical webinars to provide more information on key aspects of the proposed Adaptive Management Plan. The webinars are designed to deal with specific issue topics including: Hydroclimate Monitoring and Modeling; Performance Indicators and Risk Assessment; Plan Evaluation and Decision Tools; Information Management and Distribution; Governance for Adaptive Management; Outreach and Engagement; and Adaptive Management Pilot Projects.

    Access an announcement from IJC with details on the webinars and on-line commenting (click here). Access the complete 72-page draft plan (click here). [#GLakes/Levels]
 
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Thursday, March 14, 2013

EPA Announces First GLRI Advisory Board

Mar 13: U.S. EPA announced on behalf of 16 Federal agencies the membership of the first advisory board to support implementation of the Great Lakes Restoration Initiative (GLRI). EPA Acting Administrator and Acting Interagency Task Force Chair Bob Perciasepe said, "Protecting the Great Lakes -- the largest surface freshwater system on Earth -- is important for the health and well being of millions of people. Today I'm pleased to announce the membership of the first-ever Great Lakes Advisory Board. The scientists, business leaders, public servants, and representatives of non-profit organizations who make up the Advisory Board will help us build upon the success we've already seen and move forward into the next phases of Great Lakes restoration and protection."  The Interagency Task Force is in the process of scheduling next steps for the Great Lakes Advisory Board in the spring.

    The Great Lakes Advisory Board will provide advice and recommendations to the EPA Administrator, who serves as chair of the Federal Interagency Task Force. EPA considered candidates from a broad range of interests including business, agriculture, foundations, environmental justice groups, youth organizations, environmental groups, academia and state, local and tribal representatives.

    The first two-year appointments to the advisory board are: J. David Allen, Professor – University of Michigan; Patricia Birkholz, Founder – Great Lakes Legislative Caucus; Kathryn Buckner, President – Council of Great Lakes Industries; Naomi Davis, President – Blacks in Green; Molly Flanagan, Program Officer – The Joyce Foundation; Steve Galarneau, Director – Office of the Great Lakes, Wisconsin Department of Natural Resources; Jennifer Hill, Field Manager – National Wildlife Federation and Healing Our Waters Great Lakes Coalition; Roger Germann, Executive Vice President – John G. Shedd Aquarium; Bill Hafs, Director of Environmental Programs – Green Bay Metropolitan Sewerage District; Michael Isham, Tribal Councilman – Lac Courte Oreilles Tribal Government and Chair of the Great Lakes Indian Fish and Wildlife Commission; Simone Lightfoot, Manager of Conservation & Sustainability – NAACP Detroit Branch; Joy Mulinex, Director – Public Policy and Great Lakes Land Conservancy Coalition – Western Reserve Land Conservancy; Jim Ridgway, Vice President – Environmental Consulting and Technology, Inc.; Joan Rose, Professor – Michigan State University; Richard Stewart, Co-Director – Great Lakes Maritime Research Institute; Matt Thompson, Environmental Resources Coordinator – Saint Regis Mohawk Tribe; - David Ullrich, Executive Director – Great Lakes and St. Lawrence Cities Initiative; and
Jim Wagner, City Administrator – Trenton, Michigan.

    Access a release from EPA (click here). Access more information on the GLRI (
click here). [#GLakes/GLRI]
 
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Final 15-Yr Plan For Great Lakes Islands Refuges

Mar 14: The U.S. Fish and Wildlife Service (FWS, Service), announced the availability of a final comprehensive conservation plan (CCP) and finding of no significant impact (FONSI) for the environmental assessment (EA) for islands that are part of the National Wildlife Refuge System in Lakes Huron, Michigan, and Superior [78 FR 16287-16288]. The CCP includes Gravel Island, Green Bay, Harbor Island, Huron, and Michigan Islands National Wildlife Refuges (Great Lakes Islands Refuges). In this final CCP, FWS describes how it intend to manage the refuges for the next 15 years.
 
    The Great Lakes Islands Refuges are comprised of Gravel Island and Green Bay National Wildlife Refuges, Door County, Wisconsin; Harbor Island National Wildlife Refuge, Chippewa County, Michigan; Huron National Wildlife Refuge, Marquette County, Michigan; and Michigan Islands National Wildlife Refuge, Arenac, Alpena, and Charlevoix Counties, Michigan.

    Access the FR notice (click here). Access the final CCP and the EA/FONSI (click here). [GLakes/Islands]
 
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Friday, March 8, 2013

GLRI FY2011 Report To Congress & The President

Mar 8: The newly-released Great Lakes Restoration Initiative (GLRI) Fiscal Year 2011 Report to Congress and the President indicates that bipartisan, multi-sector, community-based support has helped get GLRI off to a strong start. The Report covers Fiscal Year (FY) 2011 (October 1, 2010 through September 30, 2011). Because the GLRI is still relatively new, this is the first report that uses available data to show clear progress under the GLRI and it compares that progress with the GLRI Action Plan Measures of Progress.

    The Federal Great Lakes Interagency Task Force (IATF) of 11 departments and agencies released the GLRI Action Plan for FY 2010-2014 at a February 2010 Council of Great Lakes Governors meeting [See WIMS 2/22/10]. The release followed extensive input from a diverse group of people throughout the Great Lakes basin. Results are organized under each of the Action Plan's five Focus Areas include including: 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 the 44-page GLRI FY11 Report (click here). Access the GLRI website for more information (click here). [GLakes/GLRI]
 
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Wednesday, March 6, 2013

Groups Urge Sustained Funding For Great Lakes Initiative

Mar 6: More than 125 Great Lakes advocates are in the nation's capitol today (March 6)  and tomorrow to urge public officials to maintain Great Lakes restoration and protection as a national priority as the Obama Administration and Congress work to forge a Federal budget. The groups are in Washington, DC As part of the annual gathering, known as Great Lakes Days. According to a release, the recent sequestration budget cuts will reduce investments in the Great Lakes Restoration Initiative (GLRI) from $300 million to around $275 million.

    Jeff Skelding, director of the Healing Our Waters-Great Lakes (HOW) Coalition said, "The nation cannot afford to stop protecting the Great Lakes, which are the source of drinking water for more than 30 million people. Restoration projects are producing results, but there's more work to do. If we cut the funding now, it will cost us more later, because restoring the Great Lakes will only get harder and more expensive the longer we wait. We urge the Obama Administration and U.S. Congress to maintain funding at $300 million for the Great Lakes Restoration Initiative."
 
    The gathering of New York, Pennsylvania, Ohio, Michigan, Indiana, Illinois, Wisconsin and Minnesota citizens comes on the heels of a new report from the Coalition demonstrating how successful restoration projects are yielding positive results for the Great Lakes and communities that rely on these freshwater seas for drinking water, commerce and recreation. The groups indicated that since 2009, Congress and President Obama have invested $1 billion for GLRI, a federal effort to clean up toxic pollution, combat invasive species like the Asian carp, restore habitat and reduce runoff from cities and farms.

    So far, restoration efforts have: Restored sturgeon populations in Lake Huron and the Detroit River; Removed tons of toxic sediments from rivers in Michigan, Ohio and Wisconsin; Bolstered the Atlantic salmon fishery in Lake Ontario; Established the first Native American national park, on the shores of Lake Superior; and, Advanced efforts to control invasive sea lamprey, which feast on native fish species.
    Access a release from HOW (click here). Access the 36-page GLRI results report (click here). Access the HOW website for more information (click here). [#GLakes/GLRI]
 
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Monday, March 4, 2013

New Organization Presses For Action On Lakes' Water Levels

Mar 4: A newly created Canada – U.S. organization, Restore Our Water International Inc. (ROWI), is urging Federal, State and Provincial governments' to act immediately to resolve the crisis of low water levels in Lakes Michigan and Huron, including Georgian Bay. ROWI is "demanding" that governments finally address what they are calling "the dire economic and ecological impacts of 14 unprecedented years of low and record breaking water levels at the heart of the Great Lakes."
 
    According to a release, "Over the last 80 years, human activity in the St. Clair and Detroit River corridor has permanently lowered Lakes Michigan and Huron by at least 20 inches. These activities include uncompensated navigation dredging as well as sand and gravel mining, which increased outflows from the middle lakes. These past actions, coupled with a warmer and dryer climate, have resulted in an inability to retain water in the middle and upper Great Lakes. While all the Great lakes are now below their long term averages, Lakes Michigan and Huron are three times lower compared to the others. This is due to the increased Lake Huron outflow at the St. Clair River.
 
    Roger Gauthier, a retired U. S. Army Corps of Engineers (USACE) Hydrologist and the Chair of ROWI said, "The Canadian and U.S. governments have to commit the funding and political will to fix this problem. While climate has affected levels in all the lakes, lakes Michigan and Huron have been severely low for the past 14 years. There are solutions to this problem that include underwater weirs or 'speed bumps' that can be placed in the Upper St. Clair River."
 
    The release indicates that a Canada – U.S. agreement that called for compensation of navigation dredging in 1962 already exists. The agreement was never implemented and never rescinded. ROWI said it "wants the terms of that agreement met and implemented in a responsible manner, respecting both upstream and downstream conditions."
    ROWI is an alliance of Canadian and American organizations concerned about the dire economic and ecological impacts of the last 14 years of low water levels in Lakes Michigan and Huron and in Georgian Bay. ROWI currently consists of 14 appointed directors representing at least 15,000 shoreline property owners and commercial interests along Lakes Michigan and Huron and Georgian Bay.
    On February 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) expressed what they are calling a "serious crisis" regarding Great Lakes water levels [See WIMS 2/20/13]. They said in part, "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. . ."
    Access a posted release from ROWI (click here). Access the ROWI website with pictures and more information (click here). Access the GLSLC website for more information (click here). [MIGlakes/Levels]
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