EPA Reminder; GLRI RFA Due May 24

May 18: U.S. EPA's Great Lakes National Program Office has issued a reminder on its Request for Applications (RFA Announcement EPA-R5-GL2012-1) [See WIMS 4/23/12]. EPA is soliciting applications for grants and cooperative agreements to be awarded as part of the Great Lakes Restoration Initiative (GLRI). EPA will award approximately $20 million under this Request for Applications for about 100 projects, contingent on the availability of appropriations, the quality of applications received and other applicable considerations.

 

    Applications are due: 11:59 PM Eastern Daylight Time, Thursday, May 24, 2012. EPA also indicates that it has now posted answers to questions from both the May 3 and May 14th webinars. There are over 200 answers to questions we have received. EPA reminds applicants to register with Grants.gov now so application can be completed and submitted by the due date and time. An application pursuant to the RFA must have an authorized official representative (AOR) registered with Grants.gov.

 

    Access complete background and related information on the RFA (click here). Access the answers to questions (click here).

IJC Announces Priorities To Address Great Lakes Issues

May 14: The International Joint Commission (IJC) announced its priority work to develop recommendations to assist governments in implementing the Great Lakes Water Quality Agreement (GLWQA). During 2012-2015, the Commission will focus on:

• Lake Erie Ecosystem Priority to Reduce Phosphorus and Algal Blooms.  The ultimate goal of this priority is to advise governments on the essential elements of a plan to reduce the loading of phosphorus to Lake Erie and to prevent harmful algal blooms.  The work group will focus on developing a better scientific understanding of causes and controls and make recommendations for needed monitoring systems and best management practices to address agricultural, urban, and industrial sources of nutrient pollution.  Expected outcomes also include recommendations to improve coastal resiliency and governance.
• Assessment of Progress toward Restoring the Great Lakes.  This priority will examine both human health and environmental indicators to assess progress toward Great Lakes Water Quality Agreement objectives.  Experts will also identify gaps in current monitoring programs and recommend needed improvements in monitoring capabilities.  In addition, a framework for assessing the effectiveness of programs and other measures implemented by governments to protect and restore the Great Lakes under the Agreement will be developed.
• Assessing the Capacity to Deliver Great Lakes Science and Information.  With a focus on Great Lakes Water Quality Agreement objectives, the work group will assess binational capacity and capability to coordinate and deliver Great Lakes science.  In particular, access to data will be a key focus of their work, including identifying a common portal to lists of both human health and environmental data and demonstrating the benefits of connecting such datasets.  Efforts under this priority will also include increasing the capacity of the IJC to process and distribute GIS/remote sensing information in support of Agreement reporting requirements.

    Lana Pollack, U.S. co-chair of the Commission said, "These priorities reflect extensive discussions with our advisory boards and with the public. In particular, both the public and scientific experts urged us to focus on the crisis facing Lake Erie and to bring stakeholders in both countries together to recommend a clear plan and best practices to reduce nutrient pollution and restore the lake." Joe Comuzzi, Canadian co-chair of the Commission said,  "Over the next three years, our work groups will conduct new research, review scientific literature, and engage the public. We take our responsibilities under the Great Lakes Water Quality Agreement very seriously and intend to deliver value-added findings and recommendations to the governments."

    Under terms of the Canada-US Great Lakes Water Quality Agreement, the Commission has an ongoing reference to assess progress towards the goals of the Agreement and to provide expert scientific advice on issues related to restoring and protect water quality in the Great Lakes.  First signed in 1972, an updated version of the Agreement is expected to be signed by the parties later this year.

    Access a release from IJC with further details (click here).

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Major Legal Analysis Of State Sulfide Mining Regulations

May 10: A new legal analysis by the National Wildlife Federation (NWF) and Ecojustice Canada indicates that gaps, inconsistencies and loopholes in state and Canadian provincial laws are leaving the Great Lakes and other natural resources vulnerable to a new wave of mining activity sweeping the Upper Great Lakes states of Michigan, Wisconsin and Minnesota and the Canadian province of Ontario. Michelle Halley, NWF attorney said, "Weak laws and lax enforcement undermine efforts to protect our water, wildlife and communities from this dangerous form of mining. There is an urgent need for the region to address these issues now or likely face decades of contamination and clean-up."

    The report examines whether state and provincial laws are up to the task of overseeing a type of mining new to the region that has proven to be devastating to natural resources in parts of the western United States and Canada. So-called "sulfide mining" seeks to extract precious metals from sulfide rock formations -- a process that the groups say "produces mine waste that turns water into battery acid, devastating water resources and fish and wildlife habitat. Mines out West have been cited for hundreds of violations of the Clean Water Act."

    The groups with the help of outside panels of experts -- analyzed state and provincial statutes, regulations and implementation in the areas of: regulatory scope, review process, enforcement, program resources, and reporting and official statements. According to a release, the report reveals that, across the region, laws do not offer adequate protections: The report assigns passing grades in only two out of 20 categories. Failing scores were assigned in six categories, with the remaining dozen receiving a "fair" score. Halley said, "As this report makes clear the status quo is not acceptable. The upper Great Lakes region is poorly positioned to adequately regulate the onslaught of new sulfide mining. Every state and province that we assessed needs to be doing a better job."

    In the legal analysis, Wisconsin received good scores in two categories, making them an exception among their peers in the region. Michigan ranked considerably lower than its U.S. counterparts. Michigan tied with Ontario for the lowest scores. The report -- Sulfide Mining Regulation in the Great Lakes Region -- also reviewed the role of tribal governments in the permitting process and found that jurisdictions failed to consider tribal perspectives or have denied meaningful tribal input into decision making. This is despite the fact that tribal entities have substantial land holdings and treaty rights across the Upper Great Lakes region. The report also review of the Federal role, particularly the Clean Water Act and its implications. Beyond identifying the flaws in sulfide mining permitting, regulation, and enforcement throughout the area, the analysis also includes a series of recommendations -- some with jurisdiction-specific implications and others that apply throughout the region.

    Access a release from NWF (click here). Access the complete 181-page report (click here). Access additional information including a report summary and individual state analysis for MI, MN, WI, & Ontario (click here).

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Corps Says It Will Step Up Release Of Options To Stop Asian Carp

May 8: U.S. Senator Debbie Stabenow (D-MI) and Congressman Dave Camp (R-MI), sponsors of legislation (S.2317 & H.R.4406) [See WIMS 4/23/12] to speed up the creation of a plan to protect the Great Lakes from Asian carp, said they welcomed the Army Corps of Engineers announcement to accelerate its efforts to block the damaging invasive species.  Following the introduction of Senator Stabenow and Congressman Camp's legislation, the Army Corps has now announced that it will complete a set of options for permanent barriers to stop Asian carp and other invasive species in 2013, years ahead of schedule.

    Senator Stabenow said, "This is a good step forward in the fight to stop Asian carp. I am pleased the Army Corps has agreed that efforts to stop Asian carp must be accelerated. There is still much work to do before permanent barriers are completed, but having action moved years ahead of schedule is a very positive development." Representative Camps said, "I am glad we are reaching consensus that the GLMRIS study needs to be concluded. But this is only a first step. Last week's temporary failure of the electric barriers show we need to begin implementing a permanent solution as soon as possible to prevent Asian carp from destroying the Great Lakes ecosystem and the $7 billion dollar economy they support."

 

    The Army Corps is currently charged with creating an action plan to block Asian carp and other invasive species from entering the Great Lakes through a number of rivers and tributaries-but had previously said it would not complete the plan or any portions of it until late 2015 or even beyond. Senator Stabenow and Congressman Camp previously introduced identical legislation in their respective chambers of Congress, the Stop Invasive Species Act, to require the plan be completed within 18 months.  Today the Army Corps announced it would provide Congress with options for methods of blocking Asian carp and other invasive species from entering the Great Lakes next year.

 

    An amendment based on the Stabenow-Camp legislation passed the Senate Appropriations Committee on April 26. On May 2, a power failure and a subsequent failure of the backup generators resulted in a 13 minute lapse during which all of the three electric dispersal barriers were offline [See WIMS 5/7/12]. The event left the Great Lakes unprotected from an Asian carp infestation-underscoring just how urgent it is that Senator Stabenow and Congressman Camp's calls for accelerated action be heard.

 

    Access a release from the legislators (click here). Access Corps Chicago District website (click here). Access the Asian Carp Regional Coordinating Committee (click here). Access the Great Lakes and Mississippi River Interbasin Study website (click here).

 

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Power Outage Shuts Down Asian Carp Barriers

May 4: U.S. Senator Debbie Stabenow (D-MI) and Congressman Dave Camp (R-MI) issued statements regarding a power outage and equipment failure that rendered the electronic barriers in the Chicago Waterway inoperable, leaving the Great Lakes unprotected from Asian carp infestation. According to the Army Corp of Engineers, on Wednesday, May 2, at 12:58 PM (CDT), a power failure and a subsequent failure of the backup generators resulted in a 13 minute lapse during which all of the three electric dispersal barriers were offline.

 

    Senator Stabenow said, "These barriers are the only thing standing between the Asian carp and our Great Lakes. If carp had been able to get through while the barriers were down, it could have been absolutely devastating to our economy and our way of life.  It is now more clear than ever that we need urgent action on a permanent solution that stops the threat of Asian carp once and for all." Rep. Camp said, "While the Corps was fortunately able to respond quickly to the barrier losing power, this glitch illustrates what we already know -- electric barriers and chain link fences will not hold back Asian carp forever. Severing the man-made ties between the Mississippi River and Great Lakes is the only way to ensure Asian carp are not allowed to devastate the Great Lakes and the multi-billion dollar economy they support."

 

    The Army Corps of Engineers and the Asian Carp Regional Coordinating Committee are now investigating the cause of the failures and completing an assessment of whether any fish were present near the barriers when they failed. The barriers have been in place since 2002, when the first barrier was installed, to stop Asian carp travelling through the Chicago Sanitary and Ship Canal from reaching Lake Michigan.

 

    Sen. Stabenow and Rep. Camp have each introduced a bill in the Senate and House, respectively, to speed up the development of a better, permanent solution to stop Asian carp and other invasive species. The Stop Invasive Species Act  (S.2317 & H.R.4406) [See WIMS 4/23/12] requires the U.S. Army Corps of Engineers to submit to Congress an expedited action plan for stopping Asian carp from penetrating the Great Lakes within 18 months.  News of the electronic barriers' failure further illustrates the need for the legislation. An amendment based on the Stabenow-Camp legislation passed the Senate Appropriations Committee last week.

   

    Access a release from the legislators (click here). Access Corps Chicago District website (click here). Access the Asian Carp Regional Coordinating Committee (click here).

Great Lakes Area Commercial Fisheries Report

May 1: The U.S. Army Corps of Engineers (USACE) released the "Commercial Fisheries Baseline Economic Assessment - U.S. Waters of the Great Lakes, Upper Mississippi River, and Ohio River Basins" (Commercial Fisheries Report), an Interim Product of the Great Lakes and Mississippi River Interbasin Study (GLMRIS). The baseline report provides a thorough summary of the most recently available commercial fisheries data in the GLMRIS study area. The GLMRIS Team will use the assessment and other baseline reports to further the understanding of existing conditions, as well as to help forecast impacts from potential aquatic nuisance species transfer.

    The average harvest level in the U.S. waters of the Great Lakes is estimated at 19.3 million pounds of commercially-caught fish with an associated average value of $22.5 million. Similar analysis estimates 10 million pounds with an associated value of $4 million for the Upper Mississippi River Basin and approximately 1.4 million pounds with an associated value of about $2 million in the Ohio River Basin. Two complimentary fisheries baseline assessments will be released later this spring: subsistence fisheries and pro-fishing tournaments. An assessment of recreational angling in the GLMRIS study area is anticipated at the end of 2012.

    Access a release and link to the complete report (click here).

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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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