Great Lakes Coalition Announces $115,000 In Grants

Aug 3: The Healing Our Waters-Great Lakes Coalition (HOW) announced $115,000 in grants that will be awarded to nine organizations poised to jump-start restoration projects on four of the five Great Lakes. The coalition grants will help conservation organizations participate in the Great Lakes Restoration Initiative, a federal program to clean up toxic pollution, confront aquatic invasive species and restore habitat and wetlands.

 

    According to a release, one organization funded by the coalition last year -- the Alliance for the Great Lakes -- leveraged a $15,000 grant into a recently announced $150,000 Great Lakes Restoration Initiative award to improve 28 acres of habitat along Lake Michigan in northeastern Illinois. Jeff Skelding, campaign director for HOW said, "We're excited to be working with local groups to continue progress on Great Lakes restoration. Restoration projects produce results -- but there is more work to do. These grants will address a variety of issues that are important to the health of the Great Lakes and economy."

 

    The coalition awards grants of up to $15,000 to groups in five geographic priority areas: The St. Louis River and St. Louis Bay in Lake Superior; the waters of Lake Michigan in the Chicagoland area; Lake Huron's Saginaw Bay; western Lake Erie and eastern Lake Ontario. This year, the coalition awarded grants to three Michigan groups; two Minnesota organizations; two New York groups; and two Ohio organizations.

 

The 2011 implementation grants will support efforts to: Reduce phosphorus pollution and Control the invasive reed Phragmites in western Lake Erie; Reduce noxious algae and improve water quality in Lake Ontario's Sodus Bay; Restore the lower Salmon Creek watershed in New York; Restore the Rifle River in Michigan and remove a dam in the Shiawassee River that limits upstream fish passage from Lake Huron's Saginaw Bay; Replace invasive Phragmites in Saginaw Bay with native wild rice; and Restore streams that flow into Lake Superior's Duluth Harbor and increase public awareness of restoration projects underway in the St. Louis River.

 

    Access a lengthy release from HOW with details on each of the grants and links to the organizations (click here). Access the HOW website for more information (click here). 

Autumn Leaves (Litterfall) Mercury Pathway Equals Precipitation

Aug 2: Recent U.S. Geological Survey (USGS) research indicates that fallen autumn leaves transfer as much, if not more, hazardous mercury from the atmosphere to the environment as does precipitation each year. USGS indicates mercury is an environmental contaminant that accumulates in fish and food webs and poses a health risk to humans and wildlife. Precipitation is a major avenue by which mercury is transferred from the atmosphere into the environment, but new studies by the USGS and partners show that litterfall -- the leaves and needles that drop to the forest floor each year -- delivers at least as much mercury to eastern U.S. ecosystems as precipitation, and precipitation has been increasing in the Great Lakes region.

    USGS research hydrologist Martin Risch said, "Before these studies, we didn't know the extent of litterfall as a mercury pathway in different types of forests across the eastern U.S. Our research found that annual amounts of mercury deposited in autumn litterfall from deciduous forests were equal to or exceeded the annual amounts deposited in precipitation." Most of the mercury that eventually ends up in fish and food webs comes from the air, and much of the mercury in the air comes from human sources such as coal-fired power plants, industrial boilers, cement manufacturing, and incinerators. Forest canopies naturally remove mercury from the air and incorporate the mercury into and onto the leaves and needles of trees.

    USGS scientists researched mercury levels in litterfall from forests over a three-year period in 15 eastern U.S. states. When they compared the results to those from a separate study of mercury in precipitation within the Great Lakes region, they found similar geographic patterns for mercury in litterfall and mercury in precipitation: Both types of mercury deposition were generally high in the same areas and low in the same areas. Risch said, "The similar geographic patterns indicate that the same mercury emissions sources affecting mercury levels in precipitation in an area also may affect mercury levels in forests and litterfall in that same area."

    Furthermore, USGS said the precipitation study found no improvement in the amount of atmospheric mercury deposited by precipitation in the Great Lakes region over a 7-year period, and found that the amount of precipitation in the region had increased during this time. This precipitation study covers a time period that precedes new regulations by U.S. EPA to reduce mercury emissions in the U.S.

    Access a release from USGS and links to the two studies' abstracts and full text online for purchase in the journal Environmental Pollution (click here).

ACRCC Steps Up Monitoring With More Positive eDNA Results

Jul 29: The Asian Carp Regional Coordinating Committee (ACRCC) announced intensive monitoring action will begin in Lake Calumet and surrounding areas today (August 1), after three consecutive rounds of Environmental DNA (eDNA) sampling yielded positive results for Asian carp DNA. The ACCRC's 2011 Monitoring and Rapid Response Plan calls for a Level 1 response to three consecutive rounds of positive eDNA results in one area. While Lake Calumet is regularly monitored for the presence of Asian carp, a level 1 response adds commercial fishing crews as well as additional electrofishing boats, larger sweeping nets, called seines, and additional sampling gear to the area during an intensive four day fishing period.

    At present, eDNA evidence cannot verify whether live Asian carp are present, whether the DNA may have come from a dead fish, or whether water containing Asian carp DNA may have been transported from other sources, such as bilge water. The monitoring response is designed to intensify resources and use the best available technology to search for live Asian carp in the Lake Calumet area. Eight previous monitoring trips to Lake Calumet since March 2011 have identified 4,500 fish and indicated no Asian carp presence.

    John Goss, Director of the White House Council on Environmental Quality (CEQ) said, "Finding three or more consecutive sets of positive eDNA samples in the same area triggers us to use significant resources to try to find a physical specimen. Through the ACRCC's comprehensive Asian carp  control strategy, we remain vigilant both in monitoring to keep Asian carp out of the Great Lakes, and also in investigating all possible sources of Asian carp DNA to minimize the human transfer element such as people unknowingly using Asian carp as bait or other activities that could transfer them to the Great Lakes."

    Biologists from the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers (ACOE) and the Illinois Department of Natural Resources will be on the water with commercial fishermen and biologists from Southern Illinois University and the Illinois Natural History Survey beginning Monday August 1st through Thursday August 4th. The crews will lay various net types throughout the Lake Calumet area, including half-mile long seine nets to sweep large portions of the area.  Electrofishing boats will sample fish in shoreline areas and will be used to drive fish towards the nets.  Commercial and private vessel traffic will be able to proceed with minimal interference from the monitoring activity. Three separate eDNA samples sets were taken at Lake Calumet between June 15 and July 19 and revealed 11 positives (all Silver carp DNA) out of 328 samples taken. 

    Access a release from ACRCC with some eDNA sampling details (click here). Access full eDNA sampling details can be found on the ACOE website (click here). Access background and more information on the ACRCC website (click here).

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Businesses Form WOC To Participate In Marine Spatial Planning

Jul 29: The World Ocean Council (WOC) convened the first-ever meeting of ocean industries at the National Business Forum on Marine Spatial Planning (MSP), Washington DC, July 13-14, 2011, to foster, facilitate and plan for cross sector business involvement in the U.S. MSP process. Forum participants included representatives from offshore oil and gas, offshore renewable energy, shipping, fisheries, marine recreation, mining, marine technology, marine law, marine environmental services, and other sectors.

 

    On July 19, 2010 the Task Force released a set of final recommendations that set a new direction for improved stewardship of the ocean, our coasts, and the Great Lakes. The recommendations provide: (1) our Nation's first ever national ocean policy; (2) a strengthened governance structure to provide sustained, high-level, and coordinated attention to ocean, coastal, and Great Lakes issues; (3) a targeted implementation strategy that identifies and prioritizes nine categories for action that the United States should pursue; and (4) a framework for effective coastal and marine spatial planning.

 

    The NOAA Ocean Policy Task Force defines coastal and marine spatial planning (CMSP) as "a comprehensive, adaptive, integrated, ecosystem-based, and transparent spatial planning process, based on sound science, for analyzing current and anticipated uses of ocean, coastal, and Great Lakes areas. Coastal and marine spatial planning identifies areas most suitable for various types or classes of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, and preserve critical ecosystem services to meet economic, environmental, security, and social objectives."

    According to a release, the recently initiated MSP agenda pursuant to President Obama's National Ocean Policy is moving rapidly, creating a critical opportunity for the ocean business community to actively engage in a coordinated, multi-sectoral manner. In 2010, the Federal government established an interagency National Ocean Council (NOC), and marine spatial plans are to be developed by nine regional planning bodies as early as 2015. The NOC issued a Strategic Action Plan Outline in June 2011 and held a national workshop soon after to prepare government agencies for the task of developing the government's MSP Strategic Action Plan. Unlike the ocean industry community, the environmental community has had a national MSP coalition for several years and is actively involved in the MSP process.

    WOC indicates that the ocean business community needs to get equally well organized and integrated into the discussion on MSP. To address this, the WOC brought together leadership companies and associations concerned about access to ocean space and resources in a National Business Forum. The Forum was co-presented by Battelle Memorial Institute with additional sponsorship from the National Ocean Industries Association and Blank Rome.

 

    The Forum was designed for ocean industries to develop a clear understanding of MSP, define and examine the potential business impacts and benefits of MSP, ensure the business community is informed about U.S. MSP processes and plans, and identify the next steps to facilitate and coordinate business involvement in MSP in the U.S. The participants emphasized that MSP must be well-balanced, well-informed and consider socio-economic value and benefits as a key part of the process. Private sector input was clear that MSP needs to have the business community and economic actors involved throughout the process.

    The business community voiced concerns that opportunities for ocean industries to formally contribute to MSP have not targeted engaging those industries which contribute significantly to the U.S. economy and need to become a more structural part of the US MSP process. To address the lack of formal engagement, industry participants at the Forum emphasized the value and strength in bringing together diverse ocean industry sectors to engage with MSP decision makers in a coordinated manner, and to establish formal avenues for frequent and ongoing information exchange and involvement.

    Access a release from WOC (click here, posted soon). Access a list of corporate members (click here). Access the WOC website for more information (click here). Access the NOAA CSMP website for more details and background information (click here).

 

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Lake Carriers' Association v. U.S. EPA

Jul 22: In the U.S. Court of Appeals, D.C. Circuit, Case No. 09-1001, consolidated with 09-1010, 09-1076, 09-1115. On Petitions for Review of a Final Action of U.S. EPA. Trade associations representing commercial ship owners and operators petition for review of a nationwide permit issued by U.S. EPA for the discharge of pollutants incidental to the normal operation of vessels. The petitioners raise a number of procedural challenges, all related to EPA's decision to incorporate into the permit, conditions that states submitted to protect their own water quality. The Appeals Court rules, "Because we find that the petitioners have not shown that the additional procedures they request would have had any effect on the final permit, we deny the petition for review."

 

    The Appeals Court explains the background saying Shortly after the CWA was enacted, EPA promulgated a regulation exempting incidental vessel discharges from the permitting (and therefore the certification) requirements of the Act. Exempted discharges included "sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel." 40 C.F.R. § 122.3(a). The regulation was in force for more than thirty years. Then, in 2008, the Ninth Circuit affirmed a district court decision vacating the regulation, finding that EPA lacked authority to exempt incidental vessel discharges. Northwest Envtl. Advocates v. EPA, 537 F.3d 1006 (9th Cir. 2008) [See WIMS 7/24/08]. After a stay to allow EPA time to implement a means of issuing permits for vessel discharges, the regulation was finally vacated on

February 6, 2009.

 

    In response to the Ninth Circuit's decision, EPA developed a general permit, pursuant to section 402 of the CWA, to cover the incidental vessel discharges previously exempted by the regulation. See Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel, 73 Fed. Reg. 79,473 (Dec. 29, 2008) [See WIMS 12/22/08]. The agency estimated that the Vessel General Permit (VGP) would cover discharges from approximately 61,000 domestic-flagged commercial vessels and 8,000 foreign-flagged vessels. Id. at 79,481. And unlike the majority of permits issued under section 402, which cover discharges originating in only a single state, the VGP would cover discharges in waterways throughout the United States.

 

    On December [29], 2008, EPA's final VGP became effective. Final NPDES General Permit, 73 Fed. Reg. at 79,47[3]. Part VI of the permit, which was not included in the draft VGP, is composed of approximately 100 state certification conditions. U.S. EPA, VESSEL GENERAL PERMIT (VGP) (2008), at 62-104 (J.A. 825-67). Vessels covered by the permit are required to adhere to the general provisions of the VGP with respect to all discharges, and are further required to adhere to any Part VI certification condition imposed by a state into the waters of which the vessel is discharging pollutants.

 

    In 2009, Lake Carriers' Association, Canadian Shipowners Association, and American Waterways Operators filed petitions for review of the final VGP. The petitions were consolidated into the single suit now before us. The trade associations raise three challenges. First, they contend that EPA erred in failing to provide notice and an opportunity for comment on the final VGP, which contained the state certification conditions. Second, they charge that it was arbitrary and capricious for EPA to issue the permit without considering the possible ill-effects of the state certification conditions. Finally, they allege that EPA failed to consider the costs of compliance with state conditions in assessing the impact of the permit on small businesses, as required by the Regulatory Flexibility Act (RFA), 5 U.S.C. § 601 et seq.

 

    The Appeals Court notes in part, ". . .we note that EPA's resolution of this matter does not leave the petitioners without recourse. If they believe that the certification conditions imposed by any particular state pose an inordinate burden on their operations, they may challenge those conditions in that state's courts. . . If they believe that a particular state's law imposes an unconstitutional burden on interstate commerce, they may challenge that law in federal (or state) court. See Am. Trucking Ass'n, 600 F.3d at 628 n.1. And if neither of these avenues proves adequate, they are free to ask Congress to amend the CWA, perhaps by reimposing the exemption for incidental vessel discharges."

 

    The Appeals Court concludes in part, "In sum, given the case law and the arguments that EPA had before it, the agency correctly concluded that it did 'not have the ability to amend or reject conditions in a [state's] CWA 401 certification.' EPA Response to Comments, at 14-11 to 14-12 (J.A. 1062-63) (citing Am. Rivers, Inc. v. FERC, 129 F.3d 99, 107, 110-11 (2d Cir. 1997)). Under those circumstances, providing notice and an opportunity for comment on the state certifications would have served no purpose, and we decline to remand to require EPA to do a futile thing. . . The petitioners' remaining arguments fail for the same reason that their notice-and-comment argument fails. . ."

 

    Access the complete opinion (click here). Access extensive information on the Final Vessel General Permit from U.S. EPA (click here).  [#NPDES]

 

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Great Lakes Regional Body & Compact Council To Meet

Jul 25: The Council of Great Lakes Governors (CGLG) announced that the Great Lakes-St. Lawrence River Water Resources Regional Body (Regional Body) will hold a special meeting on August 4, 2011 at 2:00 PM EDT. The conference call meeting will be open to the public and will include an opportunity for public comments.  An agenda and materials are available from the links below. Additionally, the Great Lakes-St. Lawrence River Basin Water Resources Council (Compact Council) will also hold a special meeting on August 4, 2011. The meeting will begin immediately following the adjournment of the Regional Body, expected at approximately 2:20 PM EDT. The Compact Council conference call meeting will also be open to the public and will include an opportunity for public comments. 

 

    CGLG notes that less than 30 days notice is given for these special meetings because the sole substantive focus will be to vote on budget resolutions for both organizations for FY 2012 (July 1, 2011-June 30, 2012) that were previously posted to both organizations' websites on May 10, 2011. Pursuant to the By-Laws of the Compact Council, the budget serves as authorization for the Executive Director to make expenditures on behalf of the Compact Council. The CGLG serves as Secretariat to the Regional Body and the Compact Council.   

 

    Access a posted announcement of the meetings (click here). Access an agenda and materials for the Regional Body meeting is available (click here). Access an agenda and materials for the Compact Council (click here). Access the CGLG website for additional information (click here). [#Compact]

Asian Carp: 85 eDNA Samples Beyond Electrical Barriers; 7 New

Jul 21: Michigan Attorney General Bill Schuette announced that the U.S. Army Corps of Engineers (ACOE) has posted new environmental DNA (eDNA) test results online for Asian carp in the Chicago Area Waterway System that include seven new positive detections for silver carp beyond all electrical barriers. The positive test results, bringing the total since 2009 to 85, were found on June 23, in Lake Calumet, less than six miles from Lake Michigan. Schuette said, "We often wonder after a tragedy if there had been any warning signs that we missed. We now have 85 warning signs that Asian carp are an impending tragedy for the Great Lakes. Yet the Federal government continues on its five-year study as invasive species continue to move freely in both directions. Losing the Great Lakes is not an option. We don't need any more studies. We need to act. And we need to act now." 

 

    In a release, Schuette indicated that despite the past efforts of the U.S. Army Corps of Engineers and others to downplay the significance of positive eDNA results, the tests have been validated through publication in a prestigious peer-reviewed scientific journal. The eDNA method is the best and most sensitive means of detecting invading Asian carp because even the federal government's leading expert on the subject has admitted the fish are exceptionally difficult to capture with conventional techniques, such as netting and electrofishing.

 

            Schuette said that Michigan's Federal lawsuit, which calls for a permanent ecological barrier between the Great Lakes and Mississippi River basins in a much shorter period of time than the Corps current time frame, continues on with the support of the Attorneys General of Wisconsin, Minnesota, Ohio, and Pennsylvania. He also said he supports the passage of Federal legislation sponsored by U.S. Rep. Dave Camp, which would force similar action.

 

    Michigan U.S. Senator Debbie Stabenow (D), who introduced a companion bill to Rep. Camp's bill, Stop Asian Carp Act in the Senate issued a statement saying, "This has got to serve as a wake-up call that this is an urgent situation for the Great Lakes. I strongly urge the Army Corps to close the locks now while they continue to determine the best way to permanently separate the Chicago Area Waterway System from the Great Lakes. If we do not see action, the Great Lakes will continue to remain vulnerable to irreversible disaster."

 

    Access a release from AG Schuette (click here). Access the ACOE eDNA surveillance results (click here). Access the ACRCC website for more information (click here). Access the statement from Sen. Stabenow (click here).