Presented at the Aug. 2011 Lake Erie LaMP Forum hosting by the Ohio Environmental Council

1. Negotiations to Amend the
Great Lakes Water Quality Agreement
(GLWQA)
BINATIONAL PUBLIC FORUM
Date: September 8, 2011/ September 13, 2011
Time: 1:00 p.m.– 5:00 p.m. (EDT)/ 9:00am – 1:00pm (CDT)
Location: Toronto/ Chicago

2. AGENDA
1. Overview of the GLWQA
2. Negotiations to amend the
GLWQA
3. Stakeholder and Public
Engagement
4. Directions for an
Amended GLWQA
5. Perspectives and
Questions
2

3. Overview of the
Great Lakes Water Quality Agreement
• Current GLWQA
• Previous Updates to the GLWQA
• Review of the GLWQA (2004 – 2007)
3

4. Current GLWQA
• Guided environmental protection efforts for the
last 38 years
• Purpose is to “restore and maintain the chemical,
physical, and biological integrity of the waters of
the Great Lakes Basin Ecosystem.”
• Commits Canada and the United States to
implement programs to manage nutrients and
reduce toxic chemicals
• Establishes Areas of Concern (AoCs) and
Lakewide Management Plans (LaMPs)
4

5. Previous Updates to the GLWQA
1972 1978 1983 1987
Reduce Persistent (Phosphorus Remedial
Phosphorus Toxic Supplement) Action Plans
Loading Substances for Areas of
Updated Concern
Reduction of Ecosystem Phosphorus
reduction Lakewide
visible Approach to Management
pollution management targets
Plans
5

6. Review of the GLWQA (2004 – 2007)
• January 2004 ‐ Canada and the U.S. commence binational
review
• 2007 ‐ Governments complete a comprehensive public review
of the operation and effectiveness of the current Agreement
• Key Findings of the Review:
– Purpose of the Agreement remains valid
– Many provisions are outdated
– Some pressing issues/emerging threats are not addressed
– Roles of government and public are not clear
– Treatment of accountability is weak
6

7. Negotiations to Amend the
Great Lakes Water Quality Agreement
• Negotiations to Amend the GLWQA
• Negotiation Process
7

8. Negotiations to Amend the GLWQA
• Review establishes solid
foundation for formal
negotiation process to
amend the Agreement
• June 13, 2009 ‐ Secretary
of State Clinton & Foreign
Affairs Minister Cannon
announce decision to
enter into negotiations
8

9. Negotiation Process
• Phased‐approach to Negotiations
• Canada/U.S. Plenary Sessions
– First session held January 27th 2010
– Second session held April 8th, 2010
– Third session held June 16th and 17th, 2011
– Fourth session scheduled for October 24th and
25th, 2011
9

10. Stakeholder and Public Engagement
• Binational Engagement: GLWQA Review
• Binational Engagement: GLWQA Negotiations
• Domestic Engagement: GLWQA Negotiations
10

11. Binational Engagement: GLWQA Review
• Significant engagement process for the GLWQA review (2004‐7)
– At the request of Governments, the International Joint
Commission:
• undertook broad public engagement
• held 15 public meetings around the basin
• organized web dialogue ‐ online discussion over 4 days
• engaged 4,100 people
• delivered synthesis report of public comments (2006)
– The Parties established 9 working groups and held a special
governance workshop
• Over 350 Canadians and Americans representing a broad
cross‐section of the Great Lakes community participated
• Resulted in 2007 Agreement Review Committee Report11

12. Binational Engagement: GLWQA Negotiations
Webinar ‐ January 14, 2010
– Governance and Negotiation process
– Written Comments solicited from January 14 – February 15
Webinar Series – June 7 ‐9, 2010
– Governance, Toxics, Nutrients, Aquatic Invasive Species, Science,
Climate Change, Habitats and Species, Ship Source Pollution
– Written Comments solicited from May 27 – July 9
NGOs and Issue Lead Bilateral Discussions ‐ September 9‐15, 2010
– Governance, Toxics, Nutrients, Aquatic Invasive Species, Science,
Climate Change, Habitats and Species
Public Fora and Webinar ‐ September 8‐13, 2011
– Directions for the renewed Agreement
– Written comments solicited August 25 ‐ September 20
12

13. Domestic Engagement: GLWQA Negotiations
Canada:
– Stakeholder Advisory Panel
– Government of Canada Advisory Committee
– Provincial Advisory Committee
– Chiefs of Ontario ‐ First Nations Advisory Panel
– Métis Nation of Ontario Advisory Panel
United States:
– U.S. Policy Committee and Public Meetings – May 2010
– Federal Consultations
– State and Tribal Consultations
– U.S. Policy Committee – February 2011
13

14. Directions for an Amended
Great Lakes Water Quality Agreement
• What is being retained?
• What is being streamlined?
• What is being improved/enhanced?
• What is being added?
14

15. What is being retained?
• Purpose of the Agreement:
– “to restore and maintain the chemical, physical, and
biological integrity of the waters of the Great Lakes
Basin Ecosystem.”
• Geographic scope of the Agreement:
– Five lakes, connecting channels and international
section of the St. Lawrence River
• Commitment to the restoration of ecosystem health in
Areas of Concern (Remedial Action Plans)
• Commitment to the use of Lakewide Management Process
and Plans
15

16. What is being streamlined?
 LaMP and RAP processes
 Definitions throughout the agreement
 Consolidation of annexes and references to:
– Science
– Ship Source Discharges
– Nutrients
– Toxic Substances
– International Joint Commission
16

17. What is being improved/enhanced?
Governance of the Agreement
• General objectives: Drinkable, swimmable, fishable,
health of system
• Lake Ecosystem Objectives: Ecosystem approach to
water quality, with desired endpoints for restoration
and protection for each of the lakes
• Specific objectives based on best available science,
subject to appropriate public consultation, reporting,
review and revision
17

18. What is being improved/enhanced?
RAPs and LaMPs
Remedial Action Plans (RAPs)
• Area of Concern in recovery stage.
• Re‐designation of individual Beneficial Use Impairments once
restored
Lakewide Management Plans (LaMPs)
• Address all environmental stressors impacting water quality
• Address issues at a lake‐scale and cumulative issues not
addressed by any other issue annexes
• Develop a nearshore assessment approach and management
framework and implement through LaMPs
• Address dredging and contaminated sediment issues through
nearshore framework 18

19. What is being improved/enhanced?
Binational Management Framework
• New Executive Committee to replace the existing
Binational Executive Committee:
– Principal binational management forum
– Meet twice annually
– Similar membership as Binational Executive Committee
– Annex‐specific sub‐committees would report to the new
Executive Committee
– Executive Committee to meet every 18 months to review
state of the lakes, priority setting, and the adoption of
objectives and strategies
• Summit Meeting for Great Lakes Stakeholders
19

20. What is being improved/ enhanced?
Role of Stakeholders and the Public
• Explicit recognition of roles of governments and
jurisdictions in the Great Lakes region
• Commitment to communicate with governments
and stakeholders written into the Agreement
• Public involvement in creation of programs
• New Executive Committee and annex
subcommittees clarify roles and identify
opportunities for governments’ and stakeholders’
participation
20

21. What is being improved/enhanced?
Roles of the International Joint Commission (IJC)
Strengthen and clarify the role of the IJC to:
– Raise public awareness and public participation
– Make recommendations to improve effectiveness in achieving
objectives of the Agreement and assess progress of Parties
towards the achievement of the Agreement’s General and
Specific Objectives
– Provide advice and recommendations on current/emerging
problems
– Provide advice on research/monitoring
– Disseminate information
– Engage the public on Great Lakes issues
– Develop special reports 21

22. What is being improved/enhanced?
Accountability
Enhanced engagement and reporting across
all the annexes:
– Comprehensive Progress Report of the Parties
every 3 years
– New general and specific objectives linked to
renewed ecosystem indicators
– Review operation and effectiveness of
Agreement following every 3rd Progress Report
22

23. What is being improved/enhanced?
Annex on Chemical Substances
Reduce risk of impairment to water quality in the
Great Lakes and connecting channels and protect
the Great Lakes from chemical substances:
– Coordination and collaboration on research,
monitoring and surveillance
– Binational priorities for action
– Pollution prevention and control strategies
23

24. What is being improved/enhanced?
Annex on Nutrients
Coordination of binational actions to manage phosphorus
concentrations and loadings so that Cladophora,
cyanobacteria and other algal species do not impair
aquatic ecosystem or human health in nearshore or open
waters of the Great Lakes:
– Focus on phosphorus with attention to other nutrients if
warranted
– Updated and new concentration and loading targets
– Binational phosphorus reduction strategies and
domestic action plans
– Binational science program
– Priority watersheds concept 24

25. What is being improved/enhanced?
Annex on Groundwater
Reflect broader challenges and future impacts
facing the waters of the Great Lakes related to
groundwater:
– Groundwater science
– Priorities and action for groundwater
management, protection and remediation
– Coordination and communication
– Attention to emerging issues
25

26. What is being improved/enhanced?
Annex on Ship Source Discharges
Protect the Great Lakes Ecosystem from ship
source discharges that could affect the chemical,
physical or biological integrity of the Great
Lakes:
– Ballast water discharge programs
– Compatible goals and targets
– Science‐based decision‐making
– Analysis of technology or alternative solutions
26

27. What is being improved/enhanced?
Science Annex
Science as the cornerstone of the Agreement,
organized through an adaptive management
framework:
– Monitoring and surveillance
– Inclusion of specific science provisions
– Cataloguing and Reporting
27

28. What is being added?
New Annex on Aquatic Invasive Species
A prevention‐based approach for aquatic invasive species
informed by risk assessments, with an objective of
preventing new introductions, controlling the spread of
aquatic invasive species already in the Great Lakes, and
ultimately eradicating new introductions of aquatic
invasive species from the ecosystem:
– Binational coordination of efforts
– Early detection and rapid response
– Education and outreach
– Explore compatible regulations
28

29. What is being added?
New Annex on Climate Change Impacts
Recognize climate change impacts and the threat
these impacts pose to achievement of the
Agreement’s purpose and objectives:
– Climate change science
– Communication of information and tools to
Great Lakes decision makers
– Coordination of programs and strategies
– Integration of climate change information with
strategies to address Great Lakes issues
29

30. What is being added?
New Annex on Habitats and Species
Basin‐wide target of net habitat gain to conserve,
protect, maintain, restore and enhance the resilience
of native species, habitats and ecosystem functions
that are of concern for the waters of the Great Lakes:
– Adaptive management plans
– Binational collaborative action
– Restoration and protection strategies
30

31. What is being added?
New Notification Component
Coordinate the notification between Parties of
planned facilities or activities that could have
environmental effects on the waters of the Great
Lakes:
– Could include notification of:
• Storage/transfer nuclear waste or radioactive material
• Mining and related activities
• Oil and gas pipelines, drilling, refineries
• Nuclear facilities and other power plants
• Hazardous waste facilities
• Aquaculture operations
– Notification through executive committee.
31

32. Perspectives and Questions?
32

33. THANK YOU
PLEASE VISIT BINATIONAL.NET
Comment period closes September 20, 2011