New Report On Drugs In Great Lakes Drinking Water

Mar 4: A report from the Alliance For The Great Lakes (Alliance) calls for more research into the long-term effects of drugs in drinking water and points out the absence of tools available to limit their entrance into the lakes. According to a release, low levels of cotinine -- a nicotine byproduct, and the cholesterol-modifying drug gemfibrozil are among the pharmaceutical compounds scientists have found in Lake Michigan water to date. Though many experts say the levels are too low to show immediate effects on human health, scientists acknowledge they know little about the long-term effects of these drugs on people nor how they might degrade or interact with other chemicals in the water. The report -- Protecting the Great Lakes from Pharmaceutical Pollution -- indicates that the Great Lakes provide drinking water to more than 40 million people.

 

    Noting some of the Great Lakes take up to 100 years to flush out pollutants, the Alliance said the drugs flowing into the world's largest surface freshwater system today will remain there for generations. Researchers worry about the threat to human health from long-term, low-level exposure to pharmaceuticals -- in particular hormones and other chemicals that signal cell changes -- as these are designed to work in the body at low concentrations. The report says sewage treatment plants and current laws are ill-suited to address the emerging problem of pharmaceutical pollution, which has come to light as water quality monitoring technology has become better at detecting lower contaminant levels.

 

    The drug industry says the vast majority of drugs enter waterways via patient excretions, and secondarily by disposal in the garbage or flushing down the toilet. Drugs purchased for use by people or animals enter waterways via various pathways: in treatment plant and septic system effluent, runoff from uncontrolled landfills, industrial discharges, commercial animal feeding operations, and manure applications. Past U.S. efforts to reduce pharmaceutical pollution have emphasized collecting unused medications. Welch said the Alliance is now calling for research into technologies to address drug pollution at the treatment plant stage, and is focusing on national efforts to reduce such pollution at the design and prescription stages. The Alliance has connected with efforts at the national level through a partnership with the Product Stewardship Institute.

 

    Access a release from the Alliance and link to the complete report and a fact sheet (click here).

Comments Wanted On Incidental Discharges From Certain Vessels

Mar 3: U.S. EPA is requesting comments on a draft report that, when made final, will provide Congress with information it may use for the regulation of incidental discharges from certain vessels. The types of vessels in the study included fishing vessels, tugboats, water taxis, tour boats, towing and salvage vessels, small research vessels, a fire boat and a supply boat. Incidental vessel discharges including deck run-off, gray water and other types of discharges may have a potential negative impact on water quality. Congress requested EPA to do the report in 2008.

    The draft report summarizes the primary pollutant concentrations in the discharges sampled and evaluates the potential environmental impact of these discharges on large water bodies. For the draft report, EPA sampled wastewater discharges and gathered shipboard process information from 61 vessels. Vessels were sampled in 15 separate cities and towns in nine states across multiple geographic regions. Public comments on the draft report, Study of Discharges Incidental to Normal Operation of Commercial Fishing Vessels and Other Non-Recreational Vessels Less than 79 Feet, will be accepted for 30 days following publication in the Federal Register soon. EPA will then consider the comments and finalize the report for submission to Congress.

    Access a release from EPA (click here). Access more information on the draft report to Congress on vessel discharges (click here).

EPA Withdraws Objections To U.S. Steel's Gary Works NPDES Permit

Oct 15: U.S. EPA Region 5 withdrew its earlier objections to a 2007 version of Indiana's wastewater discharge permit for U.S. Steel's Gary Works [See WIMS 11/24/07]. EPA is withholding final judgment on the new draft permit until Indiana Department of Environmental Management's 45-day comment period, including a November 18 public hearing, is completed and all comments considered. On October 14, IDEM proposed a revised draft permit for the steel mill that addresses objections raised by EPA in October 2007. The new draft permit requires lower discharge levels than currently allowed for a number of pollutants including ammonia, metals, organic compounds and suspended solids. No pollutants can be discharged at a higher rate than the current permit allows.

EPA had formally objected to parts of the proposed 2007 IDEM permit and advised IDEM that those concerns would need to be fully resolved before any permit could be issued. In December 2007, EPA held a public hearing in Northwest Indiana to solicit more public input. Since that time, EPA has worked closely with IDEM to address both EPA's and the public's concerns. EPA has concluded that the revised draft now meets or exceeds all applicable Federal and state requirements. However, the revised draft permit also warrants a thorough public review and comment period.

The Clean Water Act requires facilities that discharge into the "waters of the United States" to obtain a National Pollutant Discharge Elimination System (NPDES) permit which sets limits on pollutants to protect public health and the environment. U.S. Steel Gary Works discharges water used in its operations into both the Grand Calumet River and Lake Michigan. It is the largest fully-integrated steel mill in North America.

Access a release from EPA (click here). Access more information and background from EPA (click here). Access an IDEM fact sheet (click here).

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).

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).

SOLEC 2008 Presentations On-Line

Nov 7: The State of the Lakes Ecosystem Conference (SOLEC) 2008 was held October 22–23, 2008, in Niagara Falls, Ontario, Canada [See WIMS 10/17/08]. Emphasis was on "The Nearshore." In 1996, SOLEC focused on the nearshore lands and waters of the Great Lakes where biological productivity is greatest and where humans have maximum impact. In 2008, the conference concentrated on what has changed with respect to the nearshore environments since 1996.

The conference attracted over 300 attendees in Niagara Falls and several hundred on-line viewers who accessed a live video webcast. Conference slides, speaker's notes and video are available for each plenary presentation. EPA notes that playing the video together with the slides or notes allows a more complete experience.

Access the SOLEC 2008 website for links to available information (click here). Access the Binational SOLEC website for additional information (click here).

State Of the Lakes Ecosystem Conference Live Webcast

Oct 17: The State of the Lakes Ecosystem Conference (SOLEC) on October 22 - 23, will be video webcast live (Windows Media Player required). The SOLEC conferences are hosted by the U. S. EPA and Environment Canada on behalf of the two Countries every two years in response to the binational Great Lakes Water Quality Agreement. The conferences are intended to provide a forum for exchange of information on the ecological condition of the Great Lakes and surrounding lands. A major purpose is to reach a large audience of people in the government (at all levels), corporate and not-for-profit sectors who make decisions that affect the lakes.

Held in even numbered years, the conferences are the focal point of a process of gathering information from a wide variety of sources and engaging a variety of organizations in bringing it together. In the year following each conference the Governments have prepared a report on the state of the Lakes based in large part upon the conference process.

Highlights for Wednesday, October 22, "State of the Great Lakes" (starting at 9 AM Eastern time): Contaminants, Biotic Communities and Invasive Species; Coastal Zones and Aquatic Habitats; Human Health, Land Use, Resource Utilization, and Climate Change; Keynote Speaker – Thomas Homer-Dixon; Impacts of Changing Land Use; Nearshore Terrestrial Ecosystems Coastal Wetlands; and Nearshore Waters - biological, physical, chemical features.

Highlights for Thursday, October 23 "Ecosystem Status Reports: Lakes and Connecting Channels" (starting at 7:30 AM Eastern time): Lake Superior – Non-native species; Lake Michigan – Botulism; Lake Huron – Beaches and Recreational Water Quality; St. Clair-Detroit River Connecting Channel - Nutrients and algal blooms; Lake Erie – Nutrients and Harmful Algal Blooms; Niagara River – Contaminants; Lake Ontario – Impacts of Water Levels; and Keynote Speaker Peter Annin – "Great Lakes Water Wars."

Access a detailed agenda and webcast information (click here). Access the SOLEC website for more information (click here). Access the Binational SOLEC website for additional information (click here).

Local Chambers Launch Great Lakes/Midwest Regional Agenda

Oct 15: The Great Lakes Region Coalition (GLRC), a coalition of over 30 chambers of commerce and 94,000 job providers, has launched an initiative promoting an aggressive Federal legislative business agenda for growing the Midwest region’s economy, creating jobs and attracting investment for states in the Great Lakes area. GLRC notes that Great Lakes region, which is an important political battleground in the presidential election, makes up about a third of the nation’s overall economy and represents a third of the country’s population.

The coalition agenda includes the following business priorities: Improving the Midwest’s transportation infrastructure; Creating a more open and secure border with Canada; Adopting a comprehensive immigration policy; Diversifying the region’s economy by boosting innovation and entrepreneurship; and Harnessing the Great Lakes’ economic potential. Richard Blouse Jr., president and CEO for the Detroit Regional Chamber said, “In the global economy, regions are competing for business and jobs. The Midwest states are working together to aggressively grow jobs and attract investment.”

GLRC members said, "What is good for the Midwest is good for the United States. . .As the presidential candidates vigorously campaign for votes in these swing states, they need to hear from the employers creating jobs and growing businesses on how best to strengthen the region’s economy. . . Midwestern states are leading exporters for the U.S. and improving the region’s economic standing will strengthen the nation’s role in the global economy.”

The agenda further calls for renewing and leveraging the "Great Lakes and our natural attributes to transform the economic region by supporting business development and research opportunities compatible with fresh water technology, and water-based development, while protecting and improving both the supply and the quality of water for use in our region without diversion." The group is advocating the completion of the proposed Great Lakes Restoration plan now pending before Congress.

GLRC has defined a new Great Lakes/Midwest Region including all or parts of twelve states -- New York, Pennsylvania, Ohio, West Virginia, Kentucky, Michigan, Indiana, Illinois, Missouri, Iowa, Wisconsin and Minnesota. The initiative evolved from the Summit of Metropolitan Chambers of Commerce in the Great Lakes states, held in February, 2008. The Summit was the first of its kind in the region and was motivated by the desire of leaders of business communities in the Great Lakes region to develop a shared economic policy and advocacy agenda that reflects the common economic interests of the Great Lakes/Midwest region and addresses the opportunities that lie ahead. More than 45 CEOs and staff from 30 chambers and other business groups attended the summit, as did key staff from the Brookings Institution Metropolitan Policy Program.

The agenda says that the Federal government should seek to partner with public and private research organizations in the Great Lakes and calls for increased Federal support of research and development in the Great Lakes states focusing on: Clean energy; Sustainable transportation; Clean and abundant fresh water; High quality environmental conditions; and Forward-looking life sciences and health care. Further, the agenda states: "The recent ratification of the Great Lakes Compact and passage of the Great Lakes Legacy Act are major milestones in the life of the lakes and recognition of the vital role they will play in the region’s future. However, there is more to do."

Specifically the agenda calls for implementation of the Great Lakes Restoration Strategy; providing funding of $13.75 billion of the estimated $26 billion to address Great Lakes needs including:Aquatic invasive species, Habitats and conservation, Coastal health, Areas of concern, Non-point sources, Toxic pollutants, Sustainable development,cr Indicators and information. Additionally, the Federal government should establish programs to control untreated ballast water from ocean-going vessels; to rebuild the region’s water and sewer infrastructure; provide adequate matching resources to eliminate combined sewer overflows and storm water runoff; provide resources to meet federal air quality standards; legal support for the Clean Air Interstate Rule (CAIR); and increased funding for the Diesel Emission Reduction Act.

Access a release from the Detroit Regional Chamber (click here). Access the 9-page business agenda and list of participating chambers (click here).

Alberta Oil Sands & The Great Lakes Basin

Oct 8: The Program on Water Issues at the Munk Centre for International Studies, University of Toronto held a conference today (October 8) entitled, How the Oil Sands Got to the Great Lakes Basin: Pipelines, Refineries and Emissions to Air and Water. A record of the conference proceedings, including questions and answers, will be uploaded to the Program on Water Issues website following the event.

The conference announcement indicates that refineries in the Great Lakes Basin are rapidly expanding to accommodate crude oil from the Alberta oil sands. The conference is intended to provide an opportunity, in a university setting, to inform public opinion about the impacts of refinery expansion in the Basin, drawing on data analysis, shared information and public discussion. Emphasis will be placed on the cumulative effect of refinery expansions on water quality, air quality and human and non-human downwind communities in the Basin. The conference will provide a bilateral opportunity for interactive public comment and dialogue from experts involved in a wide range of disciplines. The conference begins with a presentation of the Conference Paper by the author, journalist David Israelson. Panel members representing government, environmental sciences, law, non-government organizations, academia, industry and the business community will share points of view on issues relating to the refinery expansion.

Access the Program on Water Issues website for complete information (click here). Access the Conference Paper (click here).

USGS Reports On Lake Michigan Damage From Hurricane Ike

Sep 30: A release from the U.S. Geological Survey (USGS) indicates that although Hurricane Ike is long gone, its impact lingers more than a thousand miles from where it made landfall. Runoff from tributaries dumped massive amounts of sediment into Lake Michigan, contaminating the water, compromising near-shore navigation and raising E coli bacteria to levels unsafe for swimming. Richard Whitman, a USGS expert on beach health said, "The local effects that Ike had on Lake Michigan's Indiana shoreline, water depth, and water quality have been profound."

While assessing Ike's impact on the lake, Whitman noted that, "The velocity and height of a tributary emptying into Lake Michigan at Portage, Indiana went off the chart. We measured a tremendous amount of sediment accumulation Near Ogden Dunes." USGS uses high tech, state-of-the-art equipment in the lake to measure runoff, the lake's currents, and sediment input during storms. These data are used to forecast whether a beach is unsafe for swimmers. Beaches are subject to high bacteria levels following storms. Heavy rains from Ike significantly impacted northwestern Indiana and Chicago because the ground was already saturated by a stalled cold front.

Access a release from USGS with links to videos, pictures, and real-time data (click here).

Great Lakes Interim Final Rule On Discharge Of Dry Cargo Residue

Sep 29: The U.S. Coast Guard announced in the Federal Register [73 FR 56492-56501] that it is amending its regulations to allow the discharge of bulk dry cargo residue (DCR) in limited areas of the Great Lakes by self-propelled vessels and by any barge that is part of an integrated tug and barge unit. DCR is the residue of non-toxic and non-hazardous bulk dry cargo like limestone, iron ore, and coal. The regulations also add new recordkeeping and reporting requirements and encourage carriers to adopt voluntary control measures for reducing discharges. Discharges are now prohibited in certain protected and sensitive areas where, previously, they were allowed. The Coast Guard also requests public comments on the need for and feasibility of additional conditions that might be imposed on discharges in the future, such as mandatory use of control measures, or further adjustments to the areas where discharges are allowed or prohibited.

The interim final rule takes effect September 29, 2008. Initial reports under amended 33 CFR 151.66(c)(4) are due January 15, 2009. Comments and related material submitted in response to the request for comments must be received before January 15, 2009. The action follows a May 23, 2008, notice of the rulemaking and of the availability of a Draft Environmental Impact Statement (DEIS). The Coast Guard says it received written comments on the proposed rule from 55 sources, and heard from 3 commenters at two public meetings in Duluth, MN, and Cleveland, OH, An additional notice of the Final Environmental Impact Statement (FEIS) and the Record of Decision (ROD)was announced on August 22, 2008.

In response to public comments, the Coast Guard extended the areas where DCR discharges are prohibited to include waters within three miles of shore at the following sites: Indiana Dunes and Sleeping Bear National Lakeshores on Lake Michigan and Grand Portage National Monument and Apostle Islands and Pictured Rocks National Lakeshores on Lake Superior.

Access the FR notice (click here). Access the docket for this rulemaking for background information and to review and submit comments (click here).

Beach Sand Often More Contaminated Than Water

Sep 12: According to a release from the U.S. Geological Survey (USGS) recent research has revealed that beach sand contains high concentrations of E. coli and other fecal indicator bacteria, often greatly exceeding the concentration in beach water. Further, there is evidence that beach closings due to elevated fecal indicator bacteria may be linked to these sand populations. Contaminated beach sand, and the complications that it causes for monitoring, are among the leading topics that a group of national experts will discuss in Porter, Indiana at the Great Lakes Beach Association conference on September 16-17.

Richard Whitman, Chief of the Lake Michigan Ecological Research Station, USGS said, "Over the last few years, we've identified an important source of indicator bacteria and how these bacteria may negatively influence recreation, but this is the first time experts have actually met to discuss this issue collectively. Whitman was one of the first to describe these high concentrations of E. coli in sands and to link them to high bacteria counts in water.

Beach water is routinely analyzed for E. coli and other fecal indicator bacteria to determine whether human sewage is present. When bacteria concentrations in water exceed a certain threshold, beaches are typically closed to swimming or swimming advisories are posted. A potential reason for many of these beach closings, and a complication for monitoring efforts is high concentrations of fecal indicator bacteria in beach sand. Bacteria are often present in high concentrations independent of any recent contamination events. Further, bacteria are often re-suspended into the beach water during onshore winds and high waves. The health risk associated with these bacteria is as yet unknown, but preliminary studies are being conducted.

Access a release from USGS (click here).

Utilities Settle For $105 Million In Cooling Water Dispute

Aug 6: A three-year legal battle over the water intake structure at the Elm Road Generating Station (ERGS) in Oak Creek, Wisconsin, ended with a settlement agreement that will provide $100 million for Lake Michigan protection projects over a 25 year period and take significant steps to address global warming including a $5 million investment.

Mark Redsten, executive director at Clean Wisconsin, the state's largest environmental advocacy organization.Mark Redsten, executive director at Clean Wisconsin, the State's largest environmental advocacy organization said, "This settlement provides the long-term commitment of resources necessary to help find solutions to many of the issues Lake Michigan faces today." Clean Wisconsin and the Sierra Club filed suit after the Department of Natural Resources (DNR) issued a permit allowing the use of a once-through cooling system at the coal-fired power plant. The organizations held that once-through cooling did not represent the best available technology for cooling the plant and thus should not be permitted. Under the settlement agreement, the groups will withdraw all legal opposition to the permit.

We Energies, Madison Gas & Electric and Wisconsin Public Power announced a significant new commitment to environmental initiatives. They include reductions in greenhouse gases, investments in additional renewable energy resources, funding to protect Lake Michigan’s ecosystem and the retirement of older, less-efficient generation. Gale Klappa, chairman, president and chief executive officer of We Energies said, “Coupled with other initiatives we have under way, our three utilities are taking a leadership role in providing cost effective energy, maintaining fuel diversity and protecting the environment.

The commitments announced include:

• Greenhouse gas emission reductions – Support legislation to increase Wisconsin’s Renewable Energy Standard to 10 percent by 2013 and 25 percent by 2025, as found in the Final Report of the Governor’s Global Warming Task Force
• Long-term reduction of greenhouse gas emissions – invest $5 million to implement projects consistent with the Final Report of the Governor’s Global Warming Task Force
• Biomass generation – seek regulatory approval to construct 50 megawatts (MW) of non-food crop biomass generation in Wisconsin
• Solar generation – seek regulatory approval for 15 MW of new solar generation which would be developed by providing incentives for customers to install solar capacity, purchasing solar energy output from other generators or constructing solar generation facilities
• Protect Lake Michigan – seek regulatory approval to dedicate $4 million annually for 25 years toward projects that will address water quality issues in Lake Michigan such as invasive species, polluted runoff, toxic loadings and habitat destruction
• Retire older less-efficient coal – retire an additional 116 MW of coal capacity from two generating units at the Presque Isle Power Plant in Marquette, Michigan by no later than the end of 2012
• Conservation and energy efficiency for public buildings – invest in energy efficiency projects for public buildings that are consistent with the recommendations of the Governor’s Global Warming Task Force
• Reporting of greenhouse emissions – provide useful information to customers and the public regarding annual greenhouse gas emissions

Access a release from We Energies (click here). Access a release from Clean Wisconsin (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).

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).

GLRC Mercury In Products Phase-Down Strategy

Jun 30: The Great Lakes Regional Collaboration (GLRC) Executive Committee announced the release of the Mercury in Products Phase-Down Strategy. A team of State, Federal, Tribal, and City government staff wrote the Strategy in fulfillment of a GLRC recommendation to phase out mercury in products in the Great Lakes basin by 2015. The Strategy makes more than 60 recommendations for action by Great Lakes states, cities and tribes to take in order to minimize mercury use and releases caused by remaining uses of mercury-containing products. Recommendations include state bans on the sale of some, but not all, mercury-containing products and a variety of mandatory and voluntary measures for managing the disposal of all mercury-containing products.

The Draft Mercury In Products Phase-Down Strategy was released for public comment through November 5, 2007 [See WIMS 9/11/07]. A total of 47 comments were received, including from the following organizations: American Dental Association; Council of Great Lakes Industries; DTE Energy Company; Mercury Free Wisconsin; Canadian Institute for Environmental Law and Policy (CIELAP); Consumers for Dental Choice; Association of Lighting and Mercury Recyclers; Clean Air Foundation, Environment Illinois; Zero Mercury Working Group; Great Lakes Natural Resource Center - National Wildlife Federation; and Illinois State Dental Society.

Implementation of this strategy is one important element in achieving virtual elimination of mercury inputs into the Great Lakes as envisioned in the Great Lakes Binational Toxics Strategy (see Appendix D). The GLRC endorses the recommendations of the Strategy as valid options for consideration by Great Lakes states, tribes, and municipalities. The GLRC does not expect each state, tribe or municipality to commit to implementation of all of the recommendations, but rather to consider implementation of those recommendations that are appropriate and feasible in its individual circumstances. The Phase-Down Strategy also seeks to complement and enhance the recommendations in the Quicksilver Caucus’s Action Plan and Implementation Strategy for reducing mercury in the environment developed as a project of Environmental Council of the States (ECOS) and linked in the report.

The report indicates that while coal-fired power plants represent the largest air emissions source of mercury, a significant fraction of mercury emissions comes from mercury-containing products, whether from melting steel scrap that is contaminated with mercury contained in switches and other devices used in autos, industrial equipment, and commercial and consumer appliances, or from incineration of municipal, hazardous, and medical waste that can include mercury-containing products such as lamps, batteries, thermometers, and thermostats. Additionally, mercury-based amalgam used in some dental fillings is one of the primary sources of mercury in wastewater.

Access the Mercury in Products Strategy (click here). Access the GLRC website for additional information and background (click here).

Meetings On Dry Cargo Residue Discharges In The Great Lakes

Jun 6: The Coast Guard announced two public meetings for the 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. The proposed rule would allow the continued discharge of certain non-toxic and non-hazardous bulk dry cargo residues in the Great Lakes. Existing prohibitions on discharges in certain areas would be continued, and additional sensitive and protected areas would be defined as no-discharge zones. Recordkeeping and reporting requirements would be imposed, and the voluntary use of measures to control residues would be encouraged. Comments and related material must be received on or before July 22, 2008.

Under Coast Guard regulations that implement the Act to Prevent Pollution from Ships, 33 U.S.C. 1901 et seq., DCR is an operational waste and constitutes garbage, the discharge of which into the navigable waters of the United States is prohibited. If these regulations were strictly enforced on the Great Lakes, they would put an end to the practice of cargo sweeping. However, since 1993, Great Lakes ships have operated under a Coast Guard "interim enforcement policy" (IEP) that allows "incidental discharges" of non-toxic and non-hazardous DCR on the Great Lakes. The IEP allows cargo sweeping only in defined waters, most of which are relatively deep and far from shore. Additionally, the IEP prohibits or restricts discharges in special areas that are considered environmentally sensitive.

In 2004, Congress extended for the second time the IEP, this time until September 30, 2008. Section 623 of Public Law 108-293 gave the Coast Guard authority to regulate the discharge of DCR on the Great Lakes, notwithstanding any other law. House Report 108-617, the conference report prepared in support of the 2004 legislation, states: "It is expected that the [IEP] will be made permanent or replaced with an alternative regime that appropriately balances the needs of maritime commerce and environmental protection . . .''

On January 13, 2004, the Coast Guard announced in the Federal Register (69 FR 1994) that, if we could not promulgate new regulations before the expiration of congressional authorization for the IEP, they would begin enforcing a zero discharge policy on the Great Lakes as soon as the IEP expires. Enforcement of such a policy would end the practice of cargo sweeping on the Great Lakes. This could cause economic hardship and require a significant expenditure of Coast Guard resources. We are reluctant to impose such costs if there is no meaningful offsetting benefit to the environment. Therefore, they say, "in exercising our regulatory authority over Great Lakes DCR discharges, we seek an appropriate balance, as Congress intended, between commercial and environmental considerations. We also seek to avoid or minimize any gap during which enforcement of a zero discharge policy takes place by default."

Access the docket for this rulemaking with details on the meetings, the proposed rules, draft EIS and related background information (click here). Access a June 12, article in the Muskegon Chronicle by Jeff Alexander on the DCR issue (click here).

Report On Great Lakes & The Threat Of Global Warming

May 28: A new report from the Healing Our Waters®- (HOW) Great Lakes Coalition indicates that "the Great Lakes can lessen the impact of global warming or become global warming’s victim -- it all depends on Congress." The authors urged Congress to enact a comprehensive plan to restore the health of the Great Lakes. Donald Scavia, Ph.D., report co-author and professor of Natural Resources and Environment at the University of Michigan said, “Climate change is already affecting the Great Lakes, and no matter what we do now, the those impacts will increase in the future. But we can counter those impacts by restoring the Great Lakes to make them more resilient. At the same time, we need strong national efforts to cut greenhouse gas pollution so that the impacts don’t become so severe that they overwhelm the Great Lakes.”

The report, Great Lakes Restoration & The Threat of Global Warming, synthesizes current climate change science and presents the likely impacts warming temperatures will have on the lakes, including lower lake levels, more sewage overflows, and increased pressure to divert Great Lakes water. The report describes impacts including: increased temperatures of 5.4 to 10.8 degrees relative to what was typical from 1961-1990; increased evaporation from warming lakes; lake levels declines during the next century of 1-3 feet depending on the lake; worsening water quality leading to drinking water impacts, beach closings, and higher costs to water suppliers; biological dead zones will increase, jeopardizing fish and other aquatic life; and changes in forests and grasslands.

The report recommends several federal policy solutions, including: Restoring the Great Lakes through full funding and implementation of the Great Lakes Regional Collaboration Strategy, a comprehensive plan put forward by more than 1,500 citizens and backed by the region’s mayors, governors and Congressional delegation; Protecting the Great Lakes from water diversions by passing the Great Lakes Water Resources Compact, a regional agreement to ban diversions outside the region and promoting conservation within the region; Reducing greenhouse gas emissions to limit the magnitude of change to our climate and ecosystems; and, Generating ecosystem restoration funding through federal global warming legislation.

Access a release with further details and links to the full 36-page report and a presentation (click here).