WIMS. . . December 24, 2008

HAPPY HOLIDAYS!

 

From WIMS

 

We're on our Holiday break right now.

 

But, we'll be back on January 5, 2009

 

We wish you a happy Holiday Season!

New Vessel General Permit Compliance Delayed Until Feb. 6

On December 18, U.S. EPA announced a new 2008 Vessel General Permit (VGP) that would reduce releases of 26 types of discharges from vessels operating in U.S. waters [See WIMS 12/19/08]. The regulation affects, approximately 61,000 domestically flagged commercial vessels and 8,000 foreign flagged vessels that will need to comply with the permit. The VGP was to take effect on December 19, 2008; however, the U.S. District Court for the Northern District of California signed an order providing that "the exemption for discharges incidental to the normal operation of a vessel, contained in 40 C.F.R. § 122.3(a), is vacated as of February 6, 2009." Therefore, the regulated community need not comply with the terms of the new permit until February 6, 2009. More information on how the court order affects the "effective date" and other dates in the permit is available from the prepublication copies of the Federal Register Notices available from the website below.

Access extensive information on the Final Vessel General Permit including prepublication copies of the regulations and a fact sheet (click here).

EPA Announces New General Permit For Water Discharges

Dec 18: U.S. EPA announced a new general permit will reduce releases of 26 types of discharges from vessels operating in U.S. waters. Beginning December 19, approximately 61,000 domestically flagged commercial vessels and 8,000 foreign flagged vessels will need to comply with the permit. As a result of a court ruling, vessel owners and operators who have previously been exempt from Clean Water Act (CWA) requirements for the last 35 years will now require a permit starting December 19. EPA Assistant Administrator for Water Benjamin Grumbles said, “EPA met the deadline and delivered a protective and practical permit to protect the nation’s waterways from ship-borne pollution and to avoid an environmental and economic shipwreck." EPA said without the permit, all shipping within U.S. waters could come to a halt because of liability risks.

The permit covers non-recreational vessels 79 feet in length or longer, such as cruise ships or oil and cargo tankers, but excludes fishing vessels of any length, unless they discharge ballast water. The new permit incorporates the Coast Guard’s mandatory ballast water management and exchange standards, and provides technology-based and water-quality-based effluent limits for other types of discharges, including deck runoff from rain or cleaning, ballast water used to stabilize ships and “gray water” from showers, sinks and laundry machines. It also establishes specific corrective actions, inspections and monitoring, recordkeeping and reporting requirements. Earlier in the year, Congress responded to the court ruling in part by enacting a law to exempt recreational vessels from the permitting requirement and requiring further analysis and action by EPA and the Coast Guard.

Access a brief release from EPA (click here). Access extensive information on the Final Vessel General Permit (click here).

EPA Assessment Of U.S. Coastal & Great Lakes Waters

Dec 16: According to a release from U.S. EPA, the overall condition of the nation’s coastal waters has improved slightly, based on an environmental assessment based on data that is several years old. The National Coastal Condition Report III (NCCRIII) is the third in a series of environmental assessments of U.S. coastal and Great Lakes waters. The report is a collaboration of the EPA; the National Oceanic and Atmospheric Administration (NOAA); the U.S. Geological Survey (USGS); the U.S. Fish and Wildlife Service (FWS); coastal states; and the National Estuary Program. The report is based on data collected primarily in 2001 and 2002. The next National Coastal Condition Report is expected to be released in 2011 and will provide an assessment of the status of U.S. coastal waters from 2003 to 2006, along with trends in condition since the 1990s.

The report provides an assessment of America’s coastal conditions using five indicators of condition: water quality, sediment quality, benthic community condition (the health of the water’s bottom-dwelling invertebrate species), coastal habitat loss as indicated by changes in wetland area, and fish tissue contaminants. The overall condition of America’s coasts is rated as “fair,” based on the five indicators. Comparison of the condition scores shows that overall condition in U.S. coastal waters has improved slightly since the 1990s. Coastal conditions improved in the Northeast and the West, but there were slight decreases in conditions in the Southeast and Gulf of Mexico. The conditions in the Great Lakes and Puerto Rico remained the same.

The report rates the overall condition of the Great Lakes coastal areas as "fair to poor." The overall condition score is 2.2. The water quality and fish tissue contaminants indices for the Great Lakes are rated fair, the sediment quality index is rated poor, and the coastal habitat and benthic indices are rated fair to poor. The overall condition and index ratings were derived from indicator findings and the ecological condition of the St. Lawrence River, each of the five Great Lakes, and the St. Clair River-Lake St. Clair-Detroit River Ecosystem presented in the document State of the Great Lakes 2003 (Environment Canada and U.S. EPA, 2003). The next National Coastal Condition Report (NCCR IV) will present and discuss data presented in the report State of the Great Lakes 2005 (Environment Canada and U.S. EPA, 2005) to generate updated condition estimates.

Access the links to the complete 329-page report or individual sections and executive summaries (click here). Access the National Coastal Condition Reports website for background and additional information (click here). Access the 14-page Great Lakes section on the report (click here).

GLNPO Announced Great Lakes Funding Available

Dec 15: U.S. EPA's Great Lakes National Program Office (GLNPO) is requesting applications for an estimated $554,000 in funding for the following projects in approximately the amounts indicated: Lake Erie Forum Facilitation and Nutrient Reduction Projects - $150,000; Lake Michigan Forum Facilitation and Projects - $250,000; and Lake Superior Forum Facilitation and Projects - $154,000. Applications must be received or postmarked by midnight, Central Standard Time on February 9, 2009.

Access an announcement with details and links to complete information (click here). Access additional information on Great Lakes funding opportunities (click here).

Great Lakes Canadian & U.S. Mayors Outline Infrastructure Needs

Dec 12: Canadian and U.S. mayors passed a resolution that calls on the Canadian and U.S. national governments to prepare an urgent economic recovery package that accelerates public infrastructure investments, creates jobs and promotes a healthy and sustainable environment and economy in the Great Lakes and St. Lawrence region. Toronto Mayor David Miller, Founding Canadian Chair of the Great Lakes and St. Lawrence Cities Initiative (the Cities Initiative) said, "Canadian and U.S. Mayors agree that we need massive investments in public infrastructure that will both create jobs in the short term, and build essential infrastructure for a greener, cleaner economy into the future. The need is urgent and time is of the essence.”

The mayors of the Cities Initiative Board of Directors, gathering for their mid year meeting in Toronto, shared information on proposed economic recovery packages in Canada and the U.S. There was particular interest in President‐elect Barack Obama’s repeated commitment to invest in green infrastructure and innovation. Chicago Mayor Richard Daley, Founding U.S. Chair of the Cities Initiative said, “We need to lead by example by calling on our national governments to partner with cities to invest in infrastructure projects like sewer, water and transportation systems. These investments will not only benefit our region, but the Great Lakes and St. Lawrence economy, one of the most important regional economies in the world.”

At their meeting, the mayors examined ways to expedite the funding cities need to start construction on infrastructure projects, thus creating new jobs, in early 2009. Mayors agreed that a key to moving quickly was getting funding directly to cities, where projects are ready to be delivered without bureaucratic delays.

Access a release from the Mayors (click here). Access a media backgrounder (click here). Access the December 12 resolution (click here). Access more information from the Mayors website (click here).

New From The Great Lakes Regional Collaboration

Dec 10: As announced during the Annual Meeting, the Great Lakes Regional Collaboration (GLRC) [See WIMS 12/2/08], the website has added information about: A new Great Lakes Botulism Type E Coordination and Response Initiative and the Schedule for a series of Workshops across the Great Lakes in support of the Habitat/Wetlands Initiative. The website also contains the most recent status of all of the GLRC Initiatives. GLRC indicated it will publishing a summary of the meeting which should be posted on the website in the near future. The next GLRC Public Call meeting is scheduled for March 17, 2009 at 2 PM CST.

Access the botulism initiative (click here). Access the Habitat/Wetlands workshops schedule (click here). Access the GLRC Initiatives website (click here). Access the GLRC website more information (click here).

Great Lakes Fish & Wildlife Resources Funding

Dec 10: The Fish and Wildlife Service (FWS) is seeking pre-proposals for conservation projects to restore Great Lakes fish and wildlife resources and their habitats through its Great Lakes Fish and Wildlife Restoration Grants Program for Fiscal Year 2009. The program provides Federal grants on a competitive basis to states, tribes and other interested entities to encourage cooperative conservation, restoration and management of fish and wildlife resources and their habitat in the Great Lakes basin. The projects are funded under authority of the Great Lakes Fish and Wildlife Restoration Act of 2006. Pre-proposals are due on January 23, 2009.

Access a posted announcement and contact information (click here). Access more information about the program, the RFP and the pre-proposal form (click here).

Lake Erie Coordinated Science & Monitoring Funding

Dec 9: U.S. EPA's Great Lakes National Program Office (GLNPO) is requesting applications for an estimated $500 thousand in funding for the following projects in approximately the amounts indicated: Lake Erie Western Basin Algal Bloom Study ($100,000); Central and Eastern Basin Studies of nearshore/ offshore nutrient fluxes and interactions ($150,000); Lake Erie Bioavailable Phosphorus Studies ($100,000); Lake Erie Basin tillage and nutrient management study ($75,000); and Lake Erie Basin On-Farm Demonstration Projects ($75,000). Applications are due February 2, 2009 and must be postmarked or received by EPA or electronically through grants.gov by midnight CST.

Access the posted announcement with contact information (click here). Access the Request for Applications (click here).

Fednav et al., v. Steven E. Chester (MI DEQ)

Nov 21: In the U.S. Court of Appeals, Sixth Circuit, Case No. 07-2083. In the case of Fednav et al., v. Steven E. Chester, et al, the Appeals Court unanimously upheld the U.S. District Court, Eastern District, Southern Division decision of Judge John Feikens [Case No. 07-11116, See WIMS 8/16/07] that ruled that Michigan's Ballast Water Statute, Mich. Comp. Laws § 324.3112(6), is constitutional. The case challenging the Michigan law was brought by nine shipping companies and associations. Defendants in the case were Michigan Department of Environmental Quality (MDEQ) Director Steven Chester and Michigan Attorney General Mike Cox. Four environmental and conservation organizations intervened in the case supporting the State's position including: Michigan United Conservation Clubs (MUCC); Alliance for the Great Lakes (Alliance); National Wildlife Federation (NWF); and Natural Resources Defense Council (NRDC). . .

Access the complete article on the WIMS Environmental Appeals Court Blog (click here).

Great Lakes Regional Collaboration Annual Meeting

Dec 2: The Great Lakes Regional Collaboration (GLRC) has released the Agenda and Call-in information for the GLRC's Annual Meeting on December 10, 2008 from 10 AM to noon CST. The Agenda includes information on background and progress to date and will cover a brief review of stakeholder involvement process and a brief update on GLRC Initiatives (full descriptions are available online at the website below).

Access the complete Agenda with call in information, and additional instructions for participation (click here). Access the GLRC website for links to updates on initiatives and additional information (click here).