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).

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).

NRC Recommends Adoption Of IMO Standards To Control Invasive

Jul 16: A new report -- TRB Special Report 291: Great Lakes Shipping, Trade, and Aquatic Invasive Species -- from the National Academies' National Research Council (NRC) says that the United States should follow Canada's lead and adopt standards identical to those proposed by the International Maritime Organization (IMO) to prevent invasive species from entering the Great Lakes. Both nations should ensure that only vessels adhering to these standards gain access to the lakes, and binational surveillance measures should be in place to monitor the presence of aquatic invasive species. These actions should be part of a suite of preventive measures designed to evolve over time in response to practical experience and technological advances. The committee that wrote the report also stated that many of its recommendations could be enacted within the next two to three years. Delaying beyond this time frame would leave the Great Lakes, which are already home to over 180 aquatic invasive species, in danger of future invasions.

Since the opening of the seaway, ballast water has been the source of 55 percent to 70 percent of the aquatic invasive species in the Great Lakes, including the zebra mussel, one of the most successful invaders to date. In addition, invasive species can enter the lakes via recreational boating, bait fishing, disposal from home aquariums, and many other avenues. Because there are so many ways that an invasive species can enter the lakes, even closing the St. Lawrence Seaway altogether would not stop future invasions, and closure of the seaway would not enhance regional trade. Therefore, the NRC report says, "the best option is to require ballast water management by all international ships entering the seaway as well as ships coming from the coasts of the U.S. or Canada."

Because the Great Lakes are a freshwater ecosystem, one method ships use to kill potential invaders is to either fill or flush out their ballast tanks with saltwater, which kills freshwater species. Another option is to use water treatment, such as filtering the ballast water or adding chemicals to it. Although the effectiveness of these water treatment systems is believed to be greater than that of saltwater, most of these technologies are currently either unproven or technically challenging onboard ship, said the committee.

A number of ballast water management regulations are already in place within the Great Lakes region. However, Canada and the United States have different requirements, and the United States allows states to set their own standards. Michigan has adopted specific requirements for ships accessing its ports, and other states are considering following suit. These inconsistencies can create confusion within the shipping industry and make monitoring compliance difficult. According to the committee, the entire Great Lakes region should have a uniform set of standards for combating invasive species. The United States should also adopt ballast water management standards identical to those proposed by the IMO, which require specific saltwater exchange or flushing protocols and monitoring for organisms after treatment. Canada adopted regulations identical to the IMO rules in 2006, but the United States is still considering legislation options.

Although there have been calls for the United States to follow standards even stricter than the IMO's, the committee noted that cost-effective, accurate tools do not yet exist to monitor effectiveness or compliance with standards beyond those of the IMO. The uncertain and inconsistent nature of the Great Lakes current regulatory environment might even hinder technological development of water treatment and monitoring compliance, said the committee. Adopting uniform requirements would remove that uncertainty, and innovative technology may develop more quickly if a clear market exists. Uniform ballast water standards in the Great Lakes could be the first step in converting a system currently fragmented between two nations and multiple agencies into a comprehensive, cooperative, and coherent binational system of governance.

Access a release from the Academies (click here). Access links to a number of Commissioned Papers on ballast water management issues (click here). Access a 4-page summary of the report (click here). Access the complete 148-page report (click here).

Latest U.S.-Canada Great Lakes Binational Toxics Strategy Report

Jul 17: Environment Canada and U.S. EPA announced the release of the 2007 edition of the U.S.-Canada Great Lakes Binational Toxics Strategy (GLBTS) Progress Report. Over the past ten years, the governments of Canada and the U.S., along with stakeholders from industry, academia, state/provincial and local governments, Tribes, First Nations, and environmental and community groups have worked together toward the achievement of the Strategy’s challenge goals. Of the Strategy’s 17 challenge goals that were established in 1997, 13 have been achieved and significant progress has been made toward the remaining four challenge goals.

According to an announcement, compared to 1988 levels, Canada achieved over 98 percent reduction in sources, uses and releases for alkyl-lead; eliminated the use, generation or release of octachlorostyrene and five Level 1 pesticides; met its 90 percent reduction goal for mercury and dioxins and furans; and reduced emissions of hexachlorobenzene and benzo(a)pyrene by 73 percent and 52 percent, respectively. Furthermore, Canada destroyed 90 per cent of high-level PCBs in storage, compared to 1993 levels; and achieved a reduction of nearly 70 percent of high-level PCBs in service since 1989.

Similarly, the U.S. eliminated the use of alkyl-lead in automotive gasoline; eliminated the use, generation or release of octachlorostyrene and five Level 1 pesticides; achieved its 50 percent reduction goal for mercury and 75 percent goal for dioxins and furans, and reduced its benzo(a)pyrene emissions by 77 percent, in addition to significantly reducing its hexachlorobenzene releases and PCB equipment in service.

Looking ahead beyond the reduction of legacy contaminants, Canada and the U.S. have also created two new Groups under the Strategy to focus on substances of emerging concerns and sectors of importance in the Great Lakes Basin. These new efforts will enable the identification of management options for addressing the current and future releases of persistent toxic substances into the Great Lakes Basin.

Access the complete 120-page 2007 Report (click here). Access a detailed 22-page overview of the GLBTS (click here). Access links to previous reports and related information (click here). Access additional information about the GLBTS, the innovative public-private binational partnership aimed at reducing toxic chemicals in the Great Lakes (click here).

Senate Urged To Pass Coast Guard Act And Ballast Management

Jul 16: According to a release, preliminary data released by researchers at the University of Notre Dame, Center for Aquatic Conservation, estimates that invasive species that arrived in the ballast tanks of ocean-going vessels may cost the Great Lakes region upwards of $200 million dollars a year in losses to commercial fishing, sport fishing, and the area’s water supply. David Lodge, Director of the Center for Aquatic Conservation at the University of Notre Dame said, “We wanted to apply objective scientific research to one of the most pressing questions being asked today: what are the benefits and costs of shipping in the Great Lakes region? The distributions of losses we found with invasions from shipping may be the tip of the iceberg. There is much more economic information to uncover.” The estimated losses are for the U.S. alone, with comparable losses expected in Canada. The researchers said losses may also grow as these invaders spread from the source of invasion and across the country on boats, recreational equipment, or natural migration.

In a separate release from Great Lakes United (GLU), they said, "Time is running out on a solution to the Great Lakes invasive species problem, and the cost to the region has swelled to at least $200 million a year and is growing." GLU's Jennifer Nalbone said, “Before Congress adjourns for the elections, the Senate must agree to legislation already passed by the House of Representatives that puts in place protections against invasive species in the Great Lakes and all U.S. ports." She urged presidential candidates Senator Barack Obama [D-IL] and Senator John McCain [R-AZ] as well as all 16 Senators representing the Great Lakes states to reach out to other senators to make this a priority immediately.

The Coast Guard Authorization Act (H.R. 2830) would require ocean vessels coming to any U.S. port to install treatment technology to clean their ballast water by as early as next year. Scientists have cited ballast water from these ships as the cause of invasive species such as zebra mussels, quagga mussels, the Eurasian ruffe, round goby, and spiny water fleas, entering the Great Lakes.

On April 24, by a vote of 395-7, the House of Representatives approved H.R. 2830, the Coast Guard Authorization Act of 2007 [See WIMS 4/28/08]. The bill increases the size of the Coast Guard, reorganizes the Service, and enhances the Coast Guard’s dual mission of homeland security and maritime safety. Among many other items, Title V 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 -- a measure particularly important to Great Lakes interests. All ships will be required to have treatment systems installed by 2016. The bill was sponsored by Representative James Oberstar (D-MN), Chair of the House Transportation & Infrastructure Committee.

Access a release on the research (click here). Access a fact sheet on the research and links to related information on the Great Lakes United website (click here). Access a release on passage of H.R. 2830 (click here).

NRDC Fights BP Air Permits in Federal Court

Jul 9: Natural Resources Defense Council (NRDC) filed a federal challenge to air permits given by the State of Indiana to BP’s controversial refinery in Whiting, IN [See WIMS 6/2/08]. The permits were recently awarded by the Indiana Department of Environmental Management (IDEM) despite significant concern from the public, environmental experts and elected officials. Ann Alexander, a senior attorney at NRDC said, “IDEM and BP did not learn their lesson after the public outcry over water pollution permits last summer. They had an opportunity to do things right this time, and they didn’t take it. The permits simply do not protect the public and do not live up to the law. The failure of Indiana and BP to take the public interest and the law seriously has forced the issue and required that this case be brought before the federal courts. . . In the ConocoPhillips case, the environmental review board at US EPA sent a message to oil refineries around the nation that it is time they clean up. We believe that the federal courts will support that precedent.”

The case argues that BP and IDEM have not properly accounted for increases in dangerous pollution that will result from the refinery expansion. The increased pollution requires that the refinery control its pollution more effectively, and operate under a more stringent, “major source” permit. NRDC is assisting as legal counsel in a similar case being brought by Indiana environmental groups in a state administrative forum. NRDC is challenging the facility’s construction permits in the Hammond Division of the Northern District of Indiana Federal court.

Access a release from NRDC (click here).

Groups Says Dry Cargo Dumping Proposal Is Illegal

Jul 11: Several groups have issued a release encouraging Great Lakes interests to participate in commenting on the proposed rule and attending meetings on the Coast Guard's proposal for Dry Residue Discharges in the Great Lakes [See WIMS 6/13/08]. The groups include: Alliance for the Great Lakes, Great Lakes United, Lake Ontario Waterkeeper, and National Wildlife Federation.

On June 6, the Coast Guard announced two public meetings for its May 23, 2008 notice of proposed rulemaking (NPRM) [73 FR 30014-30029] on dry cargo residue (DCR) discharges in the Great Lakes and its supporting Draft Environmental Impact Statement (DEIS) to be held in Duluth, Minnesota, and Cleveland, Ohio, in July 2008. The meetings are scheduled for Duluth, MN, July 15, 2008, 1-5 PM; and Cleveland, OH, July 17, 2008, 1-5 PM. Comments and related material must be received on or before July 22, 2008.

According the group release, "Clear laws exist on both the international and domestic levels that prohibit the dumping of garbage in any of the internal waterways of the United States. The International Convention for the Prevention of Pollution from Ships (MARPOL) is the primary international treaty covering the discharge of pollutants into the ocean. The United States is signatory to MARPOL, which articulates that garbage is not to be dumped within 12 nautical miles off the oceanic coast and therefore does not allow dumping in the Great Lakes. To implement MARPOL Congress passed the Act to Prevent Pollution from Ships (APPS) in 1987. Under both MARPOL and APPS operational wastes (i.e.: cargo residues) fall under the definition of garbage.

"The Coast Guard’s draft interim enforcement policy required under APPS, in place since 1997, has allowed ships to 'sweep' cargo residues that litter vessel decks off the side of the ship and into the Great Lakes and St. Lawrence River Basin. Congress recently ordered the Coast Guard to examine cargo sweeping and its effects and the Coast Guard has now proposed a rulemaking on the practice. The Coast Guard’s proposed rule is illegal, because dry cargo residues fall under the description of garbage in domestic and international law and are thus prohibited to be dumped into inland waters. The Coast Guard should be developing rules that set standards and deadlines to virtually eliminate dry cargo dumping to protect the Great Lakes- St. Lawrence River ecosystem and comply with the law!"

Access a release from the groups and links to additional background information (click here).