Thursday, January 17, 2008

U.S. & Canada Harmonize Ballast Water Regs

Jan 16: The St. Lawrence Seaway Management Corporation (SLSMC) announced a further strengthening of ballast water management practices for the 2008 season. The regulatory initiative regarding ballast water management rules by its U.S. partner, the Saint Lawrence Seaway Development Corporation (SLSDC), will result in all ocean vessels being subjected to a consistent and rigorous inspection process in Montreal, before they enter the Seaway / Great Lakes. Since 2006, all ocean vessels bound for a Canadian port have been subjected to ballast water inspections, to ensure that water within the ballast tanks adheres to a minimum level of salinity of 30 parts per thousand. With the harmonization of U.S. and Canadian standards, all vessels entering the Seaway, irrespective of their destination, will be subjected to the same inspection process.

Beginning with the 2008 navigation season, all ocean vessels, including those with "no ballast on board", will be subjected to an inspection, covering 100% of ballast water tanks. The inspection process will ensure that the vessel -- while still a minimum of 200 km offshore -- flushed all of its tanks with salt water. On subsequent transits during the year, the vessel will again be subjected to a series of inspections, with the objective of ensuring that the vessel’s crew is strictly adhering to the salt water flushing practice.

Salt water acts as a natural biocide against fresh water organisms found in ballast water. A recent study led by the U.S. National Oceanic and Atmospheric Administration and the University of Michigan found this practice to be a highly effective means to eradicate organisms suspended in ballast water (including zebra mussels). The new harmonized regulations will ensure that all ocean vessels flush their ballast tanks with salt water, well before they enter U.S. or Canadian waters.

Richard Corfe, President and CEO of the SLSMC, stated that “this agreement demonstrates the resolve of the Seaway corporations, the Canadian and U.S. governments, and that of the marine industry to effectively manage ballast water, and apply industry leading best practices to each and every ocean vessel entering our system.

The Healing Our Waters-Great Lakes (HOW) Coalition issued a statement saying, "The proposed rule is a helpful interim measure, but is no substitute for what’s most needed now: a comprehensive solution to aquatic invasive species transported in ballast water. Until Congress addresses the issue head-on, the problem will continue to get worse and cost more money. Salt-water flushing will reduce, but not completely eliminate, the problem of aquatic invasive species because of the wide range of salinity tolerances in living organisms. In addition, unless conducted properly, saltwater flushing will not be effective against organisms found in the sediment and sludge of ocean-going vessels. Among other things, ballast tanks must be regularly and thoroughly cleaned to remove all sediment, and sufficient quantities of ocean water must be used when flushing.”

Access a release from SLSMC (
click here). Access the SLSMC website (click here). Access a release from SLSDC (click here). Access the SLSDC website (click here). Access the SLSMC Ballast Water website for extensive information (click here). Access the HOW statement (click here).

Wednesday, January 16, 2008

RFP For Discarded Electronics/Medicines Recycling

Jan 15: U.S. EPA's Great Lakes National Program Office announced that it is requesting applications for an estimated $175,000 in funding for 8-10 cooperative agreement grants which would mobilize citizens and communities to collect and recycle household unwanted electronics and/or dispose of unwanted and expired medicines from within the Great Lakes basin. Both prescription and over the counter medicines can be collected. Selection criteria include the potential for a successful collection event taking place during the week of April 22, 2008. Applications must be received or postmarked by 5:00 PM, Central Standard Time on February 28, 2008. Access a Request for Applications (click here). Access the Great Lakes Funding website for additional information (click here).

Tuesday, January 15, 2008

Great Lakes Commission’s Semiannual Meeting & Lobby Day

Jan 14: The Great Lakes Commission (GLC) announce that Great Lakes Day 2008 will be held in Washington DC on February 28, 2008. This year, Great Lakes Day will be preceded by the Great Lakes Commission’s Semiannual meeting, which will be held in Washington on February 26, beginning at 1 PM through Noon on February 27 at the Palomar Hotel. Lunch and an afternoon session on February 27 will be held in conjunction with the Healing Our Waters Coalition to brief Great Lakes Day participants on legislative priorities and to prepare for visits to Congressional offices the next day.

Great Lakes Day is an annual event hosted by GLC and its partners to carry a unified expression of the Great Lakes region’s priorities for legislation and appropriations to assist in protecting the Great Lakes region’s environment and sustaining our economy. Last year, the Commission, in partnership with the Northeast Midwest Institute, the Council of Great Lakes Governors, the Healing Our Waters® - Great Lakes Coalition, the Great Lakes Fishery Commission, the Mayors of the Great Lakes-St. Lawrence Cities Initiative and tribal representatives brought more than 150 people from the region to Washington. Access an announcement, program and registration information (click here).

Presque Isle Bay AOC Air Deposition Study

Jan 15: Presque Isle Bay near Erie, Pennsylvania, is one of 43 locations around the Great Lakes region to have been designated an “Area of Concern” by the International Joint Commission (IJC), indicating that past use and contamination of the bay has led to impairments on the ability to fully use the bay for beneficial purposes. Presque Isle Bay has become the first of these 43 areas to be re-designated as an “Area of Recovery,” indicating that the bay’s management committee has determined that allowing a natural recovery -- rather than an active remediation project -- is the best course for bringing the bay back to full health. Local, state and national officials are therefore working hard to eliminate remaining sources of pollution to the bay and determine how long a wait is needed until the bay will return to health on its own.

Although historical pollution of the bay was largely through industrial discharges directly into the bay’s waters, the great majority of such releases have now been eliminated. However, large amounts of some toxic substances may be entering the bay -- and Lake Erie to which it connects -- by depositing from the atmosphere. If chemicals are entering from the atmosphere at a significant level, it could significantly affect the time it will take for the bay to recover and for pollution levels in the bay’s sediment to decrease.

Among the primary contaminants causing concern in Presque Isle Bay are a group known as Polycyclic Aromatic Hydrocarbons, or PAHs. Unlike some persistent chemicals that can be transported across the globe in the atmosphere, PAHs are degraded quickly enough in the atmosphere that most deposition of these chemicals is likely to come from relatively local (within a few hundred miles) sources.

To determine the amount of these chemicals entering the bay, a study has been undertaken by a research team at Gannon University, led by Dr. Michelle Homan and Dr. Weslene Tallmadge, sponsored by the Great Lakes Commission’s Great Lakes Air Deposition (GLAD) Program. The results of the study allowed the research team to make some preliminary assessments of the relative importance of various sources to the PAH concentrations and deposition to the bay. Activities are now underway to collect additional sampling data, which is needed to improve the results of the source identification work.

Access a posted announcement of the project with links to additional information (click here). Access details on the project including a summary report and the complete final report (click here).

GLU Report On Great Lakes Decision-Making and Accountability

Jan 15: Great Lakes United (GLU) released a report describing how governance structures have stalled progress on protecting and restoring the Great Lakes and St. Lawrence River ecosystem. The report outlines a series of recommendations that GLU says will improve leadership and accountability across the basin and enhance leadership from key institutions. The report, A Way Forward: Strengthening Decision-Making and Accountability under the Great Lakes Water Quality Agreement, focuses on the role and actions of the federal governments (with a particular emphasis on the Canadian government), the Binational Executive Committee, and the International Joint Commission.

The report is viewed principally through the lens of the Great Lakes Water Quality Agreement, the historic pollution prevention document signed by Canada and the United States. The report calls for the two governments to reinvigorate leadership on clean-up and protection through the present review and possible renegotiation of the Agreement, and to fully involve the public throughout this process. The report was co-authored by John Jackson, Clean Production Coordinator for Great Lakes United, and Karen Kraft Sloan, a former Member of Parliament and previously Canada’s Ambassador for the Environment.

Key recommendations in the report include: (1) That Canada and the United States empower the Binational Executive Committee to create a comprehensive binational, basin-wide workplan to achieve the goals of the GLWQA and fully include the public in this process. (2) That the Prime Minister identifies or creates a Ministerial position with direct and specific responsibility for the Great Lakes and St. Lawrence River basin and give a Parliamentary Standing Committee special responsibility for commenting on Great Lakes and St. Lawrence River basin matters. (3) That the responsible minister in Canada and the director of the U.S. EPA regularly undertake a government-wide review of basin-related programs and funding trends to ensure alignment with the basin-wide plans’ objectives. (4) That an All-Party Great Lakes Caucus be formed by members of Canada’s House of Commons and Senate. (5) That there be a more open appointment process for IJC commissioners. (6) That the public be more fully included in IJC board activities, including the appointment of a wider array of the Great Lakes community members to the IJC’s boards. (7) That legislative hearings in Parliament and Congress be held after the release of the IJC’s biennial reports to lead to more public accountability by the federal governments.

Access a release from GLU (click here). Access the complete 66-page report (click here).

Tuesday, January 8, 2008

Groups Appeal Ohio Lake Erie Access Decision

Jan 8: Conservation groups took the first step to appeal an Ohio lower court decision that blocks Ohio citizens from walking, fishing and recreating along the shores of Lake Erie. The groups seek to overturn a December 11th decision by Lake County Common Pleas Court Judge Eugene Lucci, which redefines the boundary separating public and private property along the Lake Erie shoreline from the ordinary high water mark to the point at which the water meets land from moment to moment -- effectively barring citizens from the shores of Lake Erie unless they are in the lake itself. The case is, Merrill v. State of Ohio and NWF, et. al (Case No. 04CV001080). The National Wildlife Federation, Ohio Environmental Council and League of Ohio Sportsmen filed the notice of appeal with the Eleventh District Court of Appeals of Ohio.

Neil Kagan, senior attorney for the National Wildlife Federation (NWF) said, “We are filing this appeal to protect the historic right of all citizens to stroll, fish and recreate along the shores of Lake Erie. The law is clear: The Lake Erie shoreline is a public trust for all to enjoy.” The lower court ruling goes against more than 100 years of Ohio legal precedent, which holds that the land up to the high water mark be held in public trust.


Keith Dimoff, executive director for the Ohio Environmental Council said, “Our appeal comes down to one thing -- beating back an attempt to strip Ohio citizens of their centuries-old right to access the shores of Lake Erie. This flawed decision will mean fences and 'KEEP OUT' signs along our shore; we will not let that happen.” The groups said that Ohio Attorney General Marc Dann is also expected to file a notice of appeal today, even though Ohio Governor Ted Strickland has sided publicly with the plaintiffs who are attempting to keep Ohio citizens off the shores of Lake Erie.


The case is similar to a landmark Michigan lawsuit that resulted in a unanimous Michigan Supreme Court decision upholding the public trust up to the high water mark. On July 29, 2005 the Michigan Supreme Court decided, Glass v. Goeckel, Case No. 126409. In the 5-2 decision, the Michigan Supreme Court overruled , a highly controversial Appeals Court decision, and said that under the public trust doctrine individuals retain the right to walk freely along the shoreline of the Great Lakes up to the ordinary high water mark. In its decision the Michigan High Court defined the "high water mark" using a Wisconsin definition, and clarified the distinction between "littoral property" pertaining to property on the seas, oceans or Great Lakes; and "riparian,” pertaining to property on rivers and streams.

Access a release from NWF (click here). Access Judge Lucci's decision (click here). Access the Ohio Attorney General's website (click here). Access the complete Michigan Supreme Court opinion and dissent (click here). Access links to all of the briefs filed in the Michigan Supreme Court case (click here).

Tuesday, December 11, 2007

Congressional Members Urge Candidate Support For Great Lakes

Dec 11: Congressmen Rahm Emanuel (D-IL), Mark Kirk (R-IL), Vern Ehlers (R-MI) and Dan Lipinski (D-IL) joined environmental leaders of the Healing Our Waters®-Great Lakes Coalition to call on all Republican and Democratic presidential candidates to sign a candidate pledge to protect and restore the Great Lakes. The pledge, which was sent to all presidential candidates, requests that the next president: (1) appoint a cabinet-level official to oversee and lead the implementation of a recently-finalized Great Lakes Collaboration Restoration Strategy, (2) prepare an interdepartmental Great Lakes restoration budget for their administration -- if elected -- to allow the public to gauge progress, and (3) fund the implementation of the Great Lakes Restoration Collaboration Strategy to ensure all of the identified activities have been fully funded.

Congressman Kirk is a co-chair of the Congressional Great Lakes Task Force and an original co-sponsor of the Great Lakes Collaboration Implementation Act (H.R. 1350). Congressman Emanuel co-authored with Congressman Ehlers the first such bills as early as 2003. Congressman Lipinski is also a co-sponsor of H.R. 1350. The pledge letter sent to all candidates and signed by the four members of Congress begins, "As you work to craft your presidential platform, we, as elected officials encourage you to adopt comprehensive Great Lakes restoration as a key element of your campaign. One of the clearest ways to demonstrate your support is to sign the attached pledge so we know that Great Lakes restoration will be a priority of your administration." The letter concludes, "We are serious about ensuring that this plan gets implemented. After years of stop and start restoration efforts, the time has come for a full commitment to restore the Great Lakes. Investing in this valuable resource now will save us from having to later spend many times more. Just as it is important for any administration to protect the Everglades, Grand Canyon or Yellowstone, it is crucial that the next Administration commit to Great Lakes restoration for generations to come. We strongly urge you to sign the following pledge to demonstrate your commitment to Great Lakes protection and restoration."

Access a posted release including the letter and pledge (
click here). Access legislative details for H.R.1350 of 2007 (click here). Access the Access the WIMS new Great Lakes Environment Blog for additional information (click here).