Minnesota Pursues Ballast Water Permit Program

Apr 8: The Minnesota Pollution Control Agency (MPCA) has scheduled two informational meetings to gather public input on a working draft of a permit to regulate ballast water discharges from commercial ships into Lake Superior. The meetings will be held at the MPCA St. Paul office board room on April 15 from 2 to 4 PM. The second meeting will be held at the MPCA Duluth office on April 16 from 10 AM to noon. MPCA said it is holding discussions as part of a larger, four-month public-input process resulting in a final ballast water permit that would be available by September 30, 2008.

The permit would require commercial ocean-going and Great Lakes-only vessels to obtain a National Pollutant Discharge Elimination System/State Disposal System permit prior to discharging ballast water into State waters. Minnesota and U. S. EPA NPDES/SDS permit rules currently exempt ballast water from permit requirements. The MPCA permit would likely require best management practices and specific performance standards for the discharges. For example, a ballast water performance standard might specify an allowable number of living detectable organisms per cubic meter of water. Currently, Federal law does not regulate ballast water discharges and existing Federal ballast water management requirements and policies have not been effective in preventing biological invasions in the Great Lakes.

Access a release with further details on the meetings (click here). Access the MPCA Vessel Discharge Program website for extensive information and background on the ballast water permit efforts (click here).

Meetings Will Present Findings On Upper Great Lakes Water Levels

Apr 3: Public advisors to a binational study of Great Lakes water levels announced that three public meetings will be held in Michigan this spring. The meetings are scheduled for Bay City on April 28; Port Huron on April 29; and Muskegon on May 3. In February two public meetings were held in the Detroit area [See WIMS 2/6/08].

At the meetings, experts from the International Upper Great Lakes Study (IUGLS) will present the latest scientific findings and provide current information about water levels. They will also briefly outline the structure and purpose of the Study and review a history of water level regulation in the Great Lakes. The presentation will stress the importance of public input to the Study process and the need for interested individuals and organizations from throughout the basin to participate. Attendees will have an extensive opportunity to present their views and ask questions.

The initial focus of IUGLS is whether possible physical changes in the St. Clair River are contributing to near record low levels in the upper Great Lakes. More broadly, the Study is examining whether regulation of outflows from Lake Superior might be improved to take into consideration changing climate and evolving interests of property owners, the environment, local governments, the shipping sector, and the recreation/tourism industry. IUGLS was launched by the International Joint Commission (IJC) of the U.S. and Canada in March of 2007. While the overall project has a five year timeline, a final report regarding the St. Clair River question is due in June of 2009. The study area includes lakes Superior, Michigan, Huron and Erie, and their interconnecting channels (St. Mary's River, St. Clair River, Lake St. Clair, Detroit River and Niagara River), up to Niagara Falls.

Access a release with details on the locations and times of the meetings (click here). Access the IUGLS website for details and further information (click here).

New Great Lakes Legislative Caucus Website

Mar 26: The Great Lakes Legislative Caucus has launched a new website which they say will better serve state lawmakers interested in issues related to Great Lakes protection and restoration. The Caucus operates as part of the Midwestern Office of The Council of State Governments (CSG) which provides staffing services and funding for the caucus is provided by the Joyce Foundation. The Great Lakes Legislative Caucus is a nonpartisan group of state and provincial lawmakers from eight U.S. states (Illinois, Indiana, Michigan, Minnesota, New York, Pennsylvania, Ohio and Wisconsin) and two Canadian provinces (Ontario and Quebec). Michigan Senator Patricia Birkholz (R) serves as chair of the caucus.

Highlights of the website include: 1) links to the caucus's Great Lakes state and federal legislative trackers, 2) maps of the Great Lakes basin's state and federal legislative districts, as well as a list of legislators representing the basin, 3) a page devoted to information on upcoming caucus events and activities, 4) a recap of the latest news impacting the Great Lakes and the legislators who represent it, 5) and a forum for caucus members to exchange ideas with one another.

The Caucus has announced is planning to hold two regional teleconferences. The first call will be held April 25 and will focus on Great Lakes water quality and pollution prevention efforts. The second conference call will be held May 19 and will feature a presentation by the Brookings Institution's John Austin, who will examine the role that Great Lakes protection and restoration can play in strengthening the region's economy. Additionally, on June 13 and 14, the Great Lakes Legislative Caucus will meet in Chicago where legislators will have the chance to learn more about key Great Lakes-related environmental issues and policy trends. At the meeting, legislators also will have the chance to learn from and work with one another on state strategies to protect the lakes. The event will include a mix of programming and discussion opportunities.

Access the Great Lakes Legislative Caucus website (click here). Access a release with further details on the upcoming events of the Caucus (click here). Access the Midwestern CSG website (click here).

Brookings Institution Report On Great Lakes Economic Leadership

Mar 28: The Brookings Institution has issued a new report entitled, The Vital Connection: Reclaiming Great Lakes Economic Leadership in the Bi-National U.S.-Canadian Region.

The report recommends the following: establishing a bi-national innovation fund that targets investment and research in next-generation energy technologies, the science of the Great Lakes, and areas such as advanced manufacturing and medical health; enhancing and marketing the "Freshwater Coast" with a deeper investment in Great Lakes restoration and the establishment of a new Great Lakes Coastal Development Authority; improving the movement of goods along the U.S.-Canada border; creating a common market in the Great Lakes region for human capital and commerce; and setting and meeting renewable energy standards and carbon-reduction goals.

According to the report, "The bi-national Great Lakes region can continue to model what economic regions will look like in the global economy -- and also how they can thrive. To realize this vision will require leadership and purposeful actions that acknowledge the unique opportunities provided by the Great Lakes economy. Only the U.S. president and Congress, along with the Canadian prime minister and Parliament, can promote understanding of the economic opportunities to be realized. Working together, and working with federal leadership, the opportunity is real for the Great Lakes region to forge a new economic leadership position, and serve anew as a model for world economic and social innovation."

Access the complete 28-page report (click here). Access a presentation to Canadian officials (click here). Access the Brookings the Great Lakes Economic Initiative website (click here).

Great Lakes Attorneys General Support State Ballast Regulations

Mar 20: Six Great Lakes state attorneys general have filed an amicus brief defending the right of states to protect their natural resources from aquatic invasive species. The brief specifically voices support of the Michigan regulations for ocean-going ships. The rules, based on a 2005 law, are the focus of a federal lawsuit now being heard by the U.S. Court of Appeals for the Sixth Circuit. A U.S. district court judge ruled in favor of the Michigan law last year. Legislation has been introduced in several Great Lakes states to follow Michigan's lead on ballast water regulations. In addition, state regulators in Minnesota and Wisconsin are considering the adoption of statewide ballast water rules. Minnesota Attorney General Lori Swanson, on February 26, 2008, led the coalition of six Great Lakes attorneys general in filing the brief.

Michigan issued its first 10 Ballast Water Control General Permits in February 2007, under its law that went into effect January 1, 2007, and is designed to prevent the introduction of invasive species into the Great Lakes. Under the controversial new law, oceangoing ships must obtain a permit from MDEQ in order to use Michigan ports. Permits are issued only if the applicant demonstrates that they will either not discharge ballast water or will use one of four approved environmentally sound technologies and methods to prevent the discharge of aquatic invasive species.

On August 15, 2007, in the case of Fednav et al., v. Steven E. Chester, et al (U.S. District Court, Eastern District, Southern Division, Case No. 07-cv-11116), U.S. District Judge John Feikens ruled that Michigan's Ballast Water Statute, (Mich. Comp. Laws § 324.3112(6)), is constitutional and dismissed a lawsuit by nine shipping companies and associations that had challenged the new State law [See WIMS 8/16/07].

Access an release from the Great Lakes Legislative Caucus with links to Minnesota Attorney General announcement (click here). Access the complete 32-page opinion from Judge Feikens (click here). Access legislative details for PA 33 of 2005 (click here). Access the Michigan Ballast Water Reporting website for extensive background information (click here). Access a Sea Grant Law Center legal review white paper (click here).

IJC Plan For Regulating Lake Ontario & St. Lawrence River

Mar 28: The International Joint Commission (IJC) of Canada and the United States released for public comment a proposed new Order of Approval and a proposed new plan, called Plan 2007, for regulating the flows through the Moses-Saunders Dam between Cornwall, Ontario and Massena, New York. The regulation affects water levels and flows in Lake Ontario and the St. Lawrence River downstream to Trois-Rivières.

For nearly 50 years, the Commission has regulated levels and flows of Lake Ontario and the St. Lawrence River as far as Trois-Rivières. In addition to the economic benefits from hydroelectric power and the St. Lawrence Seaway, regulation has provided benefits, by reducing the occurrence of extreme high and low water levels, which annually average (in value) $28.5 million to shoreline property owners and $3.5 million to recreational boaters. Plan 2007 would provide $5.5 million in new benefits on average each year.

Irene Brooks, Chair of the U.S. Section of the Commission said, "We are releasing Plan 2007 and a proposed new Order for public comment today because we believe they are the best that can be implemented at this time. The Commission must consider the requirements of the Treaty for protection and indemnification of interests that may be injured by the project. It also must consider the goals of the two federal governments when the project was developed which included providing benefits to Lake Ontario shoreline owners and protecting interests downstream."

A number of organizations issued a joint release saying the plan, "does nothing to end fifty years of documented environmental degradation along Lake Ontario and the St. Lawrence River. After more than five years of study funded by $20-million taxpayer dollars, the IJC has the opportunity to select a scientifically-based and publicly supported management plan -- Plan B+ -- which would have delivered significant environmental improvements to the region. Instead, the IJC has turned its back on the Lake and River environment by proposing a plan that continues, and perhaps even worsens, the environmental destruction of the Lake and River. . ."

Access a release from IJC (click here). Access the complete proposal documents, background and further details (click here). Access a release from the opposing organizations (click here).

U-M's Ballast-Free Ship Could Block Invaders

Mar 25: University of Michigan (U-M) researchers are investigating a radical new design for cargo ships that would eliminate ballast tanks, the water-filled compartments that enable non-native creatures to sneak into the Great Lakes from overseas. At least 185 non-native aquatic species have been identified in the Great Lakes, and ballast water is blamed for the introduction of most -- including the notorious zebra and quagga mussels and two species of gobies.

This week, the U.S. Saint Lawrence Seaway Development Corp. will implement new rules designed to reduce Great Lakes invaders [See WIMS 2/28/08]. Ships will be required to flush ballast tanks with salt water before entering the Seaway, a practice corporation officials describe as an interim measure, not a final solution. Meanwhile, Congress is considering legislation that would force freighters to install costly onboard sterilization systems to kill foreign organisms in ballast water. The systems use filters, ultraviolet irradiation, chemical biocides and other technologies, and can cost more than $500,000.

The U-M ballast-free ship concept offers a promising alternative that could block hitchhiking organisms while eliminating the need for expensive sterilization equipment, according to Michael Parsons, professor of naval architecture and marine engineering and co-leader of the project. Parsons said, "There is no silver bullet. But the ballast-free ship has the potential to be an economic winner while addressing the ballast problem in a serious way. Ships take on ballast water for stability when they're not carrying cargo. They discharge ballast when they load freight, expelling tons of water and anything else -- from pathogenic microbes to mollusks and fish -- that's in it.

Instead of hauling potentially contaminated water across the ocean, then dumping it in a Great Lakes port, a ballast-free ship would create a constant flow of local seawater through a network of large pipes, called trunks, that runs from the bow to the stern, below the waterline. The U-M ballast-free ship concept was conceived in 2001 and patented in 2004. It is intended for new-vessel construction only. With funding from the Great Lakes Maritime Research Institute, Parsons and his colleagues recently built a 16-foot, $25,000 wooden scale model of an oceangoing bulk carrier to test the concept. The work is underway at the U-M Marine Hydrodynamics Laboratory's towing tank, the oldest facility of its kind that is owned by a U.S. educational institution.

In addition to helping fine tune the design, results from the latest round of tank tests and computer simulations suggest the ballast-free ship will deliver an unforeseen benefit. The design appears to provide a significant savings -- possibly as much as 7.3 percent -- in the power needed to propel the ship. For a 650-foot bulk carrier hauling 32,000 metric tons of cargo from the Great Lakes to Europe and back, that translates into a roundtrip fuel savings of roughly $150,000. A report on the latest test results, including their economic implications, will be published next month in the Transactions of the Society of Naval Architects and Marine Engineers.

Access a release with additional details (click here). Access photographs and color illustrations (click here). Access a video on the ballast free ship (click here).