Groups Focus On Great Lakes Ship Emission Standards

Oct 28: The Ohio Environmental Council and Great Lakes United have issued a release drawing attention to an intervention by Congress that they say would weaken a new rule proposed by the U.S. EPA to regulate exhaust emissions from ships in the Great Lakes and ocean ports [See WIMS 7/2/09]. The groups have produced two factsheets to better explain the rule and clear up misconceptions.

The first factsheet provides an overview of the standard, while the second counters dire claims being made by the Great Lakes shipping industry in an effort to exempt them from the rule. The groups said the new standard is an effort to clean up the dirty exhaust emissions ships release. Most commercial vessels are equipped with engines that consume some of the dirtiest fuel on the planet- producing higher levels of sulfur oxides (SOx), and particulate matter when burned. The emissions affect the health of those living near ports and coastlines, and can travel far inland. Children, people with heart disease, and the elderly are most at risk when they breathe this polluted air.

EPA estimates that when the new standard is fully in place it will prevent up to 32,000 premature deaths each year, with over 500 of those in the Great Lakes region. The groups indicate that as the proposed rule approaches finalization, "Wisconsin Representative David Obey, with the support of Minnesota Representative James Oberstar, struck a deal with the EPA to exempt 13 steamships from meeting the new exhaust emission rules and allow 13 additional C3 Lakers to petition for a waiver if they demonstrate serious economic hardship. The exemption is in the form of an amendment attached to the Natural Resources spending bill that covers the EPA budget for the fiscal year that began on October 1st." They said, "This is a disappointing turn of events, and appears to be a lost opportunity to improve air quality, protect human health, and reduce greenhouse gas emissions in the Great Lakes region."

The Great Lakes Maritime Task Force (GLMTF) issued a statement on October 28, saying it is "deeply committed to protecting the Great Lakes environment and appreciates the opportunity to work with the Environmental Protection Agency to ensure that the final implementation of this rule is fair, balanced, and reasonable." GLMTF represents vessel owners, cargo shippers, shipboard and shoreside labor, port authorities, shipyards, marine construction companies, and others operating on the Great Lakes.

GLMTF said, "We believe that a full understanding of the commercial vessels operating on the Great Lakes, their small environmental footprint, their large environmental benefits, and tremendous economic impact can result in a balanced approach that meets the needs of all. The EPA’s proposed regulation would have eliminated 25% of the U.S.-Flag Great Lakes within a few years. Even the Government of Canada has taken the highly unusual step of asking the EPA to undertake further analysis before proceeding with the Great Lakes portion of this proposed regulation lest 50 Canadian-Flag ships be put at risk. By closely examining the impacts and unintended consequences of over-regulating air emissions from vessels, the Great Lakes region can be protected without impeding our regional and national economic recovery. The U.S.-Flag Great Lakes fleet already burns cleaner fuel than that used by many of the world’s oceangoing vessels.

"We appreciate the effort of the Great Lakes Congressional delegation and Administration officials who crafted a solution that extends the useful lives of the thirteen U.S.-Flag steamships to 2020, when the .5 % sulfur standard is implemented worldwide. Vessel owners now have more time to make informed business decisions regarding the future of those vessels and explore other options to meet emission requirements. In particular, we thank Congressmen Dave Obey (D-WI) and Jim Oberstar (D-MN), who worked tirelessly to ensure that this regulation can achieve its goals without decimating Great Lakes shipping.

"We still must determine the best way to deal with the thirteen U.S.-Flag lakers that employ Category 3 compression-ignition engines. The regulatory flexibility extended to other industries and other fuel standards is appropriate for the Lakes Heavy industry needs affordable transportation of raw materials and so does the American consumer, otherwise neither will prosper. The potential economic impact of the proposed rule, if enacted as proposed, would have been just one more blow for a region already suffering record unemployment. . ."

Access a joint release and link to the two fact sheets (click here). Access EPA's Oceangoing Vessels website for extensive information on the proposed regulations (click here). Access the EPA docket for this rulemaking for background documents and reviewing comments (click here). Access the GLMTF statement (click here). Access the GLMTF website for more information (click here). Access a recent article by MinnPost.com covering various sides on the issue (click here).

More Details For $475 Million FY10 Great Lakes Restoration

May 11: Detailed EPA FY10 Budget documents have provided more information on the plans for the FY 2010 $475 million in the proposed Administration budget. As the lead agency for the Great Lakes Restoration Initiative, U.S. EPA has worked closely with the members of the Interagency Task Force to develop a provisional funding plan for 2010. Some details of the plan may change as EPA works with Federal partners to further refine 2010 activities; the summary below represents the latest plans as of the time this document went to press. Upon receiving the FY2010 appropriation for the Initiative, EPA will determine final funding targets and will develop a final 2010 funding plan, including grant programs, to present to the EPA Administrator. The Administrator, in consultation with the members of the Interagency Task Force, will select the programs and projects for funding and EPA will transfer the funds.

Some major activities proposed include: EPA will issue grants to states and other stakeholders to fund projects in the AOCs to restore beneficial uses. Through the Legacy Act, four to six sediment remediation projects will commence. EPA will award grants to states, tribes, and local governments to collect up to 10 million pounds of e-waste, 10 million pills of unwanted medicines, and 1 million pounds of hazardous waste, including mercury, PCBs, and unused pesticides. EPA will award grants and support contracts to define the extent of mercury and/or PCB contamination in 400 impaired Great Lakes subwatersheds and identify potential sources of mercury and/or PCB pollution in 400 impaired Great Lakes subwatersheds. EPA in cooperation with various federal agencies will establish an early warning system to detect new toxic threats to the Great Lakes utilizing enhanced monitoring programs for Great Lakes fish, birds, mussels, and human biomonitoring, as well as sediments, tributary source loads, and air deposition studies.

Principal actions proposed to prevent new introductions of non-native invasive species in the Great Lakes basin and stop the further spread of invasives in the Great Lakes basin include development of up to six ballast water sampling and treatment systems for use in fresh water ecosystems by supporting the use of laboratory, land-based, and ship-board testing and coordination with the maritime industry. Agencies will develop and begin implementation of coordinated monitoring surveys to detect new invaders in Great Lakes locations that have a high probability of invasion. Additional work will include enhanced education and outreach to prevent the introduction and spread of invasive species. Other projects are detailed including: Nearshore Health and Nonpoint Source Pollution; Habitat and Wildlife Protection; Accountability, Monitoring, Evaluation, Communication, and Partnerships.

Access the detailed plans and budget allocation tables in EPA's FY10 Congressional Justification document on Environmental Programs and Plans (click here, beginning p. 113 of 319). Access links to other CJ documents (click here).

Water "Product" Diversion Debate Goes On

Nov 18: The on-going debate over possible water diversion loopholes involving the definition of "product" and the 5.7 gallon exemption under the recently enacted Great Lakes Compact continues. An article by environmental writer John Flesher, published in the Traverse City Record Eagle reports on the coalition of groups led by Michigan Citizens for Water Conservation (MCWC) and their launch of a public education campaign in Traverse City on November 16, 2008 [See WIMS 11/5/08]. The drive is focused on plugging what the groups call a major loophole in the Great Lakes Compact that would allow waters of the Great Lakes to be diverted by private export and sale.

Jim Olson, water law attorney for MCWC said, “There is a giant loop-hole in the Great Lakes Compact diversion ban that just passed Congress. The ban doesn’t apply to water produced and put in a container. That means water placed in a container will be fair game for the engines of large corporations and their teams of lawyers under NAFTA and international trade law. Citizens, landowners, and businesses in Michigan need to know what’s happened so we can protect our water from future claims by outside interests.”

The article reports on others, including the National Wildlife Federation's Great Lakes office and the staff for the Council of Great Lakes Governors (CGLG) that crafted the compact, who believe the existing Compact language "provides ironclad protections" and indicate that the issue "was discussed at length" and experts were consulted when the Compact was drafted. Representative Bart Stupak (D-MI), one of the few legislators to vote against the Compact, is quoted as saying, "Anybody could run a semi-truck through these loopholes."

Access the Record Eagle article (click here). Access the Great Lakes Regional Body website for additional information (click here). Access agendas for both meetings (click here). Access the CGLG website (click here).

Legacy Act Passes; White House Cuts Funding

Sep 29: The Great Lakes Commission (GLC) issued a release applauding Congressional leaders for securing reauthorizing of the Great Lakes Legacy Act (H.R 6460). The House of Representatives re-approved an amended version of H.R. 6460 on September 28, which extends the Legacy Act for two years at level funding of $54 million per year. The bill now goes to President Bush for signing.

According to a release from Michigan Lt. Governor and Great Lakes Commission (GLC) Chairman John Cherry, "While this is a positive step forward, the Great Lakes Commission is disappointed that despite the best efforts of our region’s Congressional leaders, no additional funding was provided. HR 6460 first passed the House of Representatives on September 18 at $150M. At the 11th hour, the Bush Administration weighed in with a letter to House and Senate leaders in opposition to the bill, because of the proposed funding increase. To gain approval in the Senate, the bill was amended and the funding kept level with legislation approved in 2002."

House Transportation & Infrastructure Committee Chair, Representative James Oberstar (D-MN) explained further in a Floor statement saying, "Regrettably, when this measure got over to the Senate, as so often happens in the other body, one person can shut down the Senate and can shut down the country. In this case one objection held up Senate action on the bill until funding for the program was cut. I'm just so disappointed and so anguished over the failure of the Senate to provide the funding. They didn't change anything else in the bill, just implementing it, just funding it. That is cutting out the heart. . . We will come back next year. There will be a different spirit in the White House, a different spirit in the Congress. We will fix that."

Access a release from the GLC (click here). Access legislative details for H.R 6460 including links to Floor statements (click here).

Council Of Canadians Calls For Compact Correction

Sep 24: Canada's largest citizens’ organization, the Council of Canadians, issued a release, "demanding that the Canadian government intervene to secure an amendment to the Great Lakes Compact which has now received approval of both the U.S. House and Senate [See WIMS 9/23/08]. The organization is calling for an elimination of the loophole that would grant bottled water corporations unlimited access to Great Lakes water in 20 litre [actually 5.7 gallons] containers. Maude Barlow, national chairperson of the Council of Canadians said, “Although we welcome the Compact’s ban on diversions through pipelines and other means, the bottled water exception is a gaping hole that would undermine the agreement’s ability to truly protect the Great Lakes. In remaining silent on this issue, the Harper government has abdicated its responsibility to protect the Great Lakes and the Canadian public interest.”

The Council said while the Compact sets out to prevent diversions from the Great Lakes, the definition of diversions does not apply to water as a “product” and they are concerned about the trade implications of this definition. Meera Karunananthan, national water campaigner for the Council of Canadians said, “Once their access to Great Lakes water is entrenched in the Compact, it will be difficult to regulate corporations taking water out of the Great Lakes in containers because they will be further protected in international trade agreements such as the North American Free Trade Agreement.”

Access a release from the Council (click here).

House Approves Great Lakes Compact

Sep 23: On a "Motion to Suspend the Rules and Pass," requiring a 2/3 majority, the U.S. House approved the Great Lakes Compact (S.J. Res. 45), by a vote of 390 - 25. Environmental and conservation groups praised the approval and commended U.S. Representatives John Conyers (D-MI), Vern Ehlers (R-MI), Rahm Emanuel (D-IL), Steve LaTourette (R-OH) and Jim Oberstar (D-MN); and Senators Russ Feingold (D-WI), Herb Kohl (D-WI), Carl Levin (D-MI), Arlen Specter (R-PA) and George Voinovich (R-OH), where the measure was approved by voice vote in August [See WIMS 8/4/08]. The President has indicated he will sign the approval.

Despite the overwhelming approval, it did not come without controversy and concern. Two Great Lakes Representatives -- Bart Stupak (D-MI) and Dennis Kucinich (D-OH) both raised concerns regarding loopholes in the Compact [See WIMS 9/8/08]. Of major concern were the exemption of water in a container smaller than 5.7 gallons ("the bottled water loophole"); creating a Federal definition of Great Lakes water as a "product" subject it to international trade law obligations (e.g. NAFTA, GATT, etc.) and related "public trust doctrine" issues.

On Monday, September 22, Representative Stupak urged all 435 members not to approved the Compact until some answers were received from his previous inquiries in July to the U.S. Department of State, U.S. Trade Representative and the IJC (See link below). Kucinich had argued that Congress could close the loopholes without sending the Compact back to the State to be ratified again by passing his bill H.R. 6814 and adding specific language in the Committee Report for the Compact which strengthens the public trust doctrine provisions in the Water Resources Development Act of 1986 in ways that Compact Report language could not.

Various groups indicating their support included: Great Lakes United; National Wildlife Federation; Alliance for the Great Lakes; Healing Our Waters-Great Lakes Coalition; Council of Great Lakes Governors; Michigan Environmental Council; Michigan League of Conservation Voters; Tip of the Mitt Watershed Council; and Sierra Club.

Access the roll call vote (click here). Access legislative details for S.J.Res.45 (click here). Access a release from Representative Stupak (click here). Access the Committee on Judiciary. H. Rept. 110-863 (click here). Access legislative details for H.R. 6577 (click here).

House Hearing On Improving Great Lakes Water Quality

Jan 23: House Transportation and Infrastructure Committee, Subcommittee on Water Resources and Environment, Chaired by Representative Eddie Bernice Johnson (D-TX) held a hearing entitled, Progress Toward Improving Water Quality in the Great Lakes. The Subcommittee received testimony from representatives from the U.S. EPA, the Natural Resources Conservation Service, the Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the International Joint Commission, the Government Accountability Office (GAO), and members of the United States House of Representatives on Great Lakes water quality. Representatives testifying included: Peter Visclosky (D-IN); Bart Stupak (D-MI); and Mark Kirk (R-IL); and Rahm Emanuel (D-IL).

GAO delivered testimony entitled, Great Lakes Initiative: EPA and States Have Made Progress, but Much Remains to Be Done If Water Quality Goals Are to Be Achieved (GAO-08-312T, January 23, 2007). GAO indicated that millions of people in the United States and Canada depend on the Great Lakes for drinking water, recreation, and economic livelihood. In 1995, EPA issued the Great Lakes Initiative (GLI). The GLI established water quality criteria to be used by states to establish pollutant discharge limits for some BCCs and other pollutants that are discharged by point sources. The GLI also allows states to include flexible permit implementation procedures (flexibilities) that allow facilities’ discharges to exceed GLI criteria.

GAO's testimony was based on its July 2005 report, Great Lakes Initiative: EPA Needs to Better Ensure the Complete and Consistent Implementation of Water Quality Standards (GAO-05-829) and updated information from EPA and the Great Lakes states. The statement addressed: (1) the status of EPA’s efforts to develop and approve methods to measure pollutants at the GLI water quality criteria levels, (2) the use of permit flexibilities, and (3) EPA’s actions to implement GAO’s 2005 recommendations.

GAO said in its 2005 report, it made a number of recommendations to EPA to help ensure full and consistent implementation of the GLI and to improve measures for monitoring progress toward achieving GLI’s goals. GAO said EPA has taken some actions to implement the recommendations. For example, EPA has begun to review the efforts and progress made by one category of facilities -- municipal wastewater treatment plants -- to reduce their mercury discharges into the basin. However, until EPA gathers more information on the implementation of GLI and the impact it has had on reducing pollutant discharges from point sources, as we recommended, it will not be able to fully assess progress toward GLI goals.

EPA testified that, "While significant and emerging challenges remain, the Great Lakes have made a dramatic comeback from severely polluted conditions - 30 to 40 years ago when the Lakes were seemingly on the verge of collapse... We have also made significant progress in incorporating revised permit limits into NPDES permits that reflect the Guidance [GLI]. The percentage of NPDES permitted discharges to the Lakes or major tributaries that had permit limits reflecting the Guidance's water quality standards has increased from 62% in 2002 to 95% in 2007." The Agency cited and listed many of the accomplishments of the recent State of the Great Lakes 2007 [See WIMS 6/7/07 and below].

Access the hearing website for background information and links to all testimony (click here). Access the 2007 Highlights Report on the State of the Great Lakes 2007 and other documents about Great Lakes indicators and the SOLEC website (click here); or the Binational website (click here).

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).