Wednesday, August 6, 2008

Groups Want Senate Action On Ballast Water Controls

Aug 5: A number of major Great Lakes environmental and conservation organizations are calling on the U.S. Senate to quickly pass Federal legislation [The Coast Guard Authorization Act (H.R. 2830)] to address the serious and ongoing threat of invasive species. The groups indicate that the Great Lakes will remain vulnerable to aquatic invasive species if a weak EPA permit goes into effect. On April 24, by a vote of 395-7, the House of Representatives approved H.R. 2830 [See WIMS 4/28/08]; however, the Senate failed to act on the measure before leaving on its 5-week summer recess and will not return until September. Title V of the bill requires ships to begin installing ballast water treatment systems in 2009 to control the introduction of invasive species into U.S. ports and waterways. All ships would be required to have treatment systems installed by 2016.

EPA proposed its permit on June 17, following two court decisions finding that the agency has for more than 30 years illegally exempted ballast water discharges from its Clean Water Act discharge permit program [
See WIMS 7/24/08]. Under the proposed permit ocean vessels entering U.S. waters would have to exchange their ballast or perform a saltwater flush of empty ballast tanks in the open ocean for the next five years. This practice is already in place for vessels entering the Great Lakes- St. Lawrence River. The permit is set to go in to effect September 30.

Jennifer Nalbone, campaign director of navigation and invasive species for Great Lakes United said, “The EPA permit delays any serious solution to this problem for the foreseeable future. The quickest way to improve protections is by passing ballast water legislation currently stalled in the U.S. Senate. That legislation will require technology installation onboard vessels as early as next year.”

In written comments, the groups assert that the EPA needs to revise the permit to meet water quality standards. The groups also assert that the agency does not have the authority to issue a general permit. They say "EPA has delegated to the states the ability to administer Clean Water Act discharge permit program." While the groups maintain that the quickest way to gain new protections is through Congressional action, they nevertheless are pursuing all opportunities to put in place strong, national protections and want the EPA to revise the weak permit because the federal agency has not delegated authority to every state and a strong permit can serve as a model for state programs.


The groups include: Alliance for the Great Lakes; Great Lakes United; Indiana Wildlife Federation; League of Ohio Sportsmen; Michigan United Conservation Clubs; Minnesota Conservation Federation; National Wildlife Federation; Ohio Environmental Council; Prairie Rivers Network; Save The River; Tip of the Mitt Watershed Council; and Wisconsin Wildlife Federation.

Access a lengthy release from the Great Lakes groups (
click here). Access the groups' comments (click here). Access the EPA docket to review all comments and background information on the Commercial Vessels and Large Recreational Vessels (VGP) (click here). Access legislative details for H.R. 2830 (click here).

Annual Meeting For The U.S. Areas of Concern

Aug 5: U.S. EPA's Great Lakes National Program Office; the Great Lakes Commission; and the Michigan Department of Environmental Quality have announced the annual meeting for the U.S. Areas of Concern (AOCs). The meeting will be held September 24-25, 2008, at Kensington Court, Ann Arbor, Michigan and will convene participants from the 30 U.S. AOCs to review recent developments affecting the sites of contamination.

The meeting will feature more than 40 presentations on activities underway in the U.S. Great Lakes Areas of Concern on the following major topics: Current status and future direction for the U.S. AOC program; Great Lakes Legacy Act and contaminated sediment cleanups in the AOCs; Progress in establishing restoration targets and delisting the AOCs; Fish and wildlife restoration efforts in the AOCs; Capacity building and sustainability for local RAP groups; and Communications and advocacy.

Access complete meeting details and registration information (
click here).

Monday, August 4, 2008

Senate Approves Compact; Stupak Wants Public Trust Answers

Aug 1: U.S. Senators Carl Levin (D-MI), and George Voinovich (R-OH), co-chairs of the Senate Great Lakes Task Force, praised the passage of the Great Lakes – St. Lawrence River Water Basin Resources Compact by unanimous consent in the Senate [See WIMS 7/30/08]. The joint resolution, S.J.Res. 45, now goes to the House of Representatives for consideration. Once passed by the House, the joint resolution goes to the President for his signature. President Bush has already signaled his support for the Compact resolution [See WIMS 7/29/08].

Senator Levin said, “We are temporary stewards of this unique national treasure, the largest fresh water system in the world. Senate passage of this Compact will help us protect the Great Lakes from water diversions and preserve this invaluable resource for future generations. Sensible conservation goals in water use will ensure that our children and great grandchildren benefit from the Great Lakes as we do.”

In 2000, Congress passed legislation directing the governors of the Great Lakes states -- Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin -- to negotiate a water management agreement. In 2005, the eight Great Lakes governors, in coordination with the Canadian Premiers of Ontario and Quebec, completed negotiations on the Great Lakes-St. Lawrence River Basin Water Resources Compact.

Each of the eight Great Lakes legislatures considered and approved the Compact, which is designed to protect the Great Lakes through better water management, conservation and public involvement. Congress must pass the joint resolution before the Great Lakes-St. Lawrence River Water Basin Water Resources Compact can achieve full force and effect as an interstate compact. The House of Representatives is expected to consider the joint resolution when it reconvenes in September.

While most major environmental, conservation and local government organizations are supporting the Compact, there are still concerns from some regarding the public trust doctrine issue and its relationship to international trade agreements such as NAFTA and GATT [
See WIMS 7/23/08]. On July 30, U.S. Representative Bart Stupak (D-Menominee, MI) requested comment from two federal agencies and the International Joint Commission (IJC) on the Great Lakes Compact. In letters sent to the U.S. Department of State, U.S. Trade Representative and the IJC, Stupak asked for response to concerns that have been raised regarding the commercialization of Great Lakes water and the possible applicability of international trade law if the compact were to be enacted.

Stupak wrote, “As the largest body of freshwater in the world, it is imperative that legal protection at the state and federal level work to preserve and restore the quality and quantity of Great Lakes water. While I understand that a dispute of this nature has not occurred historically, I am seeking to clarify if international trade law and obligations will have any jurisdiction should we enact the compact into federal law. . . Ratifying the compact could allow Great Lakes water to no longer be held within the public trust and instead be defined as a product for commercial use. I want to thoroughly understand the lasting impact this compact could have on Great Lakes water for years to come. It took the governors more than three years to get this done, so it is not unreasonable for Congress to take the time necessary to make sure we are not opening the door for the commercialization Great Lakes water.”

Access a release from Senator Levin (
click here). Access a release from Representative Stupak and link to the letters (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).

Wednesday, July 30, 2008

Congressional Hearings On Compact Approval

Jul 30: The Senate Committee on the Judiciary, Chaired by Senator Patrick Leahy (D-VT), held its hearing on S.J.Res.45, A Resolution Consenting To and Approving the Great Lakes-St. Lawrence River Basin Water Resources Compact” [See WIMS 7/29/08]. Senator Russ Feingold (D-WI) presided over the hearing. Witnesses included: Senator Carl Levin, (D-MI); Senator George Voinovich, (R-OH); Governor Jim Doyle (Wisconsin) – Chair, Council of Great Lakes Governors; Mayor George Heartwell (Grand Rapids, MI) – Vice Chairman, Great Lakes and St. Lawrence Cities Initiative; Kay Nelson – Director, Environmental Affairs, Northwest Indiana Forum; and Cameron Davis – President, Alliance for the Great Lakes and the Healing Our Waters-Great Lakes Coalition.

Earlier in the day the House Committee on the Judiciary, Chaired by Representative John Conyers, Jr. (D-MI), considered a Markup of H.R. 6577, introduced by Representative James Oberstar (D-MN) which would provide approval of the Compact.

Access the Senate hearing website for links to most testimony (click here). Access the House hearing website (click here). Access a link to a webcast of the House hearing (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).

Tuesday, July 29, 2008

President Urges Quick Action On Compact Approval

Jul 28: President Bush issued a statement on the recent approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact by the Great Lakes states and urged Congress to act quickly to approve the Compact. The President said, "I congratulate the Governors and Legislatures of the eight States that border the Great Lakes on their conclusion of the Great Lakes-St. Lawrence River Basin Water Resources Compact. Made in the spirit of cooperative conservation, this Compact is the result of many years of close coordination and consensus-building that resulted in the Compact's approval by the eight Great Lakes States and two Canadian Provinces.

"The Great Lakes are a national treasure. They were vital to the exploration of this continent and have long supported commerce. Today, more than 33 million people live in the States and Provinces bordering the lakes, and the lakes provide an efficient means to transport food and other commodities destined for global markets. The Great Lakes provide a wide variety of recreational opportunities and serve as a source of drinking water for more than 30 million people.

"The Compact will ensure sustainable use and responsible management of waters from the Great Lakes Basin and preserve the Great Lakes for the benefit and enjoyment of present and future generations. I strongly urge Congress to provide rapid approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact."

On July 30, the Senate Judiciary Committee, Chaired by Senator Patrick Leahy (D-VT), has scheduled a hearing at 1:00 PM to examine S.J.Res.45, expressing the consent and approval of Congress to an inter-state compact regarding water resources in the Great Lakes - St. Lawrence River Basin. In the House, Representative James Oberstar (D-MN) has introduced H.R.6577 which has been referred to the House Committee on the Judiciary, Chaired by Representative John Conyers, Jr. (D-MI). The House Committee has scheduled a Markup of: H.R. 6577 at a meeting to begin at 10:15 AM on July 30.

The Alliance for the Great Lakes issued a statement on the President's comment and upcoming hearing saying, “This shows that the Great Lakes aren’t just important to us who have them in our back yard. They’re important to officials all across the country -- they see the Great Lakes as a national treasure that their constituents care about. This is a historic moment for the Great Lakes. It’s one of only a handful of times the states have all come together over the past half century to create a binding blueprint for protecting the water as the lifeblood of the region.” Alliance President Cameron Davis, is scheduled to testify at the Senate hearing on behalf of the Healing Our Waters®-Great Lakes Coalition representing more than 100 environmental groups around the region.

Access the statement from the President (
click here). Access the Senate hearing website (click here). Access the House hearing website (click here). Access the release from the Alliance (click here). Access legislative details for S.J.Res.45 (click here). Access legislative details for H.R. 6577 (click here).

Response To Great Lakes Aquatic Invaders Exercise

Jul 29: Over 30 representatives of local, state and Federal government agencies and community groups will test their readiness to respond to aquatic invaders in the Great Lakes in a three day exercise in Presque Isle Bay, PA., starting July 29. Participants will exercise on the water on July 30. This is the first time that the U.S. EPA's Great Lakes National Program Office has brought together a variety of groups in such an exercise. Pennsylvania Department of Environmental Protection is hosting the pilot exercise which may be repeated elsewhere in the Great Lakes and other watersheds. Gary Gulezian, Director of the Great Lakes National Program Office said, "The Great Lakes ecosystem is a priceless natural resource and this exercise is helping ensure that we are ready to protect it. Pennsylvania is demonstrating how all levels of government can work together to pool their resources and prevent new invaders from becoming established. "

During the exercise, participants will trawl for fish and practice using fish electroshocking equipment to prepare for a real-life situation where these techniques could be used to confirm the presence of an invasive species. By working together in an exercise, agencies will learn ways they can combine assets and overcome jurisdictional barriers to respond quickly to the introduction of harmful aquatic species.

Access a release from EPA Region 5 (click here). Access more information about invasive aquatic species in the Great Lakes from EPA (click here).

Wednesday, July 23, 2008

Oberstar & Levin Introduce House & Senate Compact Resolutions

Jul 23: According to a release from the Council of Great Lakes Governors (CGLG), the Governors applauded members of Congress for "boldly acting to protect the Great Lakes--St. Lawrence River Basin." Specifically, members of Congress led by Senator Carl Levin (D-MI), Senator George Voinovich (R-OH), Congressman John Conyers, Jr. (D-MI), Congressman James Oberstar (D-MN), Congressman Vernon Ehlers (R-MI) and Congressman Steven LaTourette (R-OH) introduced a joint resolution providing consent to the Great Lakes-St. Lawrence River Basin Water Resources Compact [See WIMS 7/10/08]. The Compact provides a management framework for achieving sustainable water use and resource protection. It has been ratified by each of the eight Great Lakes State legislatures. To become law, Congress must now provide its consent.

Wisconsin Governor Jim Doyle (D), CGLG Chair, said, “I applaud the members of Congress for their leadership in protecting the Great Lakes. It is gratifying to see the consensus that we have built in our region reflected in the bipartisan Congressional support for this historic measure. We must now do all that we can to work with our Congressional partners to turn these protections into law.” Michigan Governor Jennifer Granholm (D) said, “Today I applaud the introduction of legislation to approve the Great Lakes Compact and urge Congress to act quickly. Once enacted into law, the Compact will ensure that our Great Lakes are protected and preserved for generations to come.”

CGLG said, "Today’s introduction illustrates the regional and bi-partisan consensus that has been built in support of the Compact. A substantial number of members of Congress are original cosponsors of the resolution introduced today and both of the presumptive nominees of the major parties (Senator Barack Obama (D-Illinois) and Senator John McCain (R-Arizona)) have expressed their support for the Compact."

According to CGLG the Compact has attracted the support of key members of Congress, Mayors and local government officials as well as more than 150 diverse groups of stakeholders who depend on the Great Lakes. More than 1300 State legislators have voted to approve the Compact -- about 95% of all legislators who have cast a vote on it.

A release from Congressman Oberstar, chairman of the House Committee on Transportation and Infrastructure (T&I), said he is taking the lead in the effort to win approval for the Compact which he said, "protects the Great Lakes from water diversion projects." Oberstar and other congressional members from the House and the Senate today announced the introduction of bipartisan legislation to ratify the Great Lakes-St. Lawrence River Basin Water Resources Compact. Oberstar, introduced the legislation in the House.

Oberstar indicated the compact, which will manage water diversions, withdrawals, and consumptive use proposals, has been approved by the eight state legislatures. He said, "Because less than one percent of the Great Lakes water is renewed annually, we must take seriously any potential threat that may affect the quality or available quantities of water from the Great Lakes, such as climate change and growing consumptive uses of water. While there has been idle talk of exporting water from the Great Lakes to drought prone regions of the nation, conserving the priceless resource of the Great Lakes must be a top priority."

In the Senate, Senator Levin is introducing a joint resolution with cosponsors including: Senators Voinovich, Bayh, Brown, Casey, Clinton, Coleman, Durbin, Feingold, Klobuchar, Kohl, Lugar, Obama, Stabenow, Schumer, and Specter. Levin said, "The Great Lakes are a tremendous natural resource for Michigan and throughout the Great Lakes basin. A great deal of progress has been made towards safeguarding the Great Lakes from exports and diversions, and the Great Lakes Compact will build on the existing protections.”


While many groups and organizations have signed on to support the Compact, two former Michigan Governors, the Michigan Citizens for Water Conservation (MCWC) and their attorney Jim Olson have continued to challenge the unlimited "exemption" in the Compact allowing water to be removed from the basin by private companies in containers less than 20 litres or 5.7 gallons. Olson maintains that the exemption establishes a legal precedent giving water a "product" exemption from the diversion ban. Olson and former Governors Milliken (R) and Blanchard (D) have raised the concerns that without "public trust doctrine" language, the State's and Great Lakes waters are at risk of sale and export because of NAFTA and GATT -- international trade agreement provisions which prevent bans or strict regulation on water once it is a commodity.

Access a release from CGLG (
click here). Access a letter from CGLG to the Congressional sponsors (click here). Access a release from Representative Oberstar (click here). Access a release from Senator Levin (click here). Access a posting from Michigan Attorney Jim Olson on the public trust concern (click here). WIMS-Great Lakes Environment blog posts on the Compact approvals (click here). Access a Toronto Star article discussing the product exemption issues (click here). Access a release from MI Lt. Gov. John Cherry, Chair of the Great Lakes Commission (click here).