Great Lakes Governance: Agreements, Compacts and Commissions

1. Great Lakes Governance: Agreements, Compacts and Commissions Lake Erie Environmental Forum 4/18/2016

2. 84% of Surface freshwater in North America 1/5 of the Surface freshwater in the world.

4. 77 miles of coastline. • 2% of the total Great Lakes watershed area.

5. Great Lakes Water Quality Agreement History • First GLWQA signed between US and Canada in 1972 • Focused on reducing algae through a coordinated approach to reducing phosphorus inputs. • Established basin-wide water quality goals and formed the Great Lakes Water Quality Board and Research Advisory Board. • GLWQA of 1978: • Reaffirmed and replaced the 1972 Agreement. • Focused on an “ecosystem approach” with an end goal of restoring and maintaining chemical, physical, and biological integrity of the Great Lakes. • Included additional emphasis on toxic substances.

6. Great Lakes Water Quality Agreement History • 1987 Amendments • Included Areas of Concern and commitments to restore. • 2012 Amendments: • Reorganized how Agreement functions and methods to address emerging issues. Organized into Articles and Annexes. • Emphasized General and Lake Ecosystem Objectives. • While US and Canada are responsible for final decision-making, the 2012 Amendments created the Great Lakes Executive Committee to oversee progress on water quality protection and restoration efforts.

7. www.binational.net

8. QLWQA 2012 – Annex 2: Lakewide Management • Establishes a methodology for lakewide management of all of the Great Lakes. • Establishes LEOs (Lake Ecosystem Objectives). • Establishes a Nearshore Framework for each lake. • Creates a Lakewide Action and Management Plan (LAMP) for each lake. What’s an Annex?

9. QLWQA 2012 – Annex 4: Nutrients • Lake Erie is slated for 2018 LAMP. • Is based on info from Cooperative Science and Monitoring Initiative (CSMI). • Will integrate Annex 4 Nutrient Targets and Domestic Action Plans. • Guided by the LAMP Partnership – Management and Work Committees.

10. QLWQA 2012 – Annex 4: Nutrients • Manages phosphorus concentrations and loadings. • Establishes Lake Ecosystem Objectives. • Establishes Substance Objectives for TP Concentrations and Loadings • Requires program evaluation and enhancement. What’s an Annex?

11. Annex 4: Lake Ecosystem Objectives • Minimize hypoxic zones. • Maintain algae below nuisance. • Maintain healthy algae species. • Maintain cyanobacteria at levels below which are a threat to humans or ecosystem. • Maintain oligotrophic/biomass/algal species in Superior, Michigan, Huron Ontario • Maintain mesotrophic conditions in West/Central Lake Erie and oligotrophic conditions in East Lake Erie.

12. 2012 Interim Substance Objectives for Lake Erie • Total Phosphorus Concentration in Open Waters (ug/l) • Western – 15 • Central – 10 • Eastern – 10 • Phosporus Loading Target • 11,000 Metric Tonnes TP/Year Agreement required a phosphorus review for Lake Erie. Central Basin Western Basin Eastern Basin

13. Requirements for Review • Within 3 years for Lake Erie: 2016 • Review interim objectives and loading targets. • Determine loading allocations by country. • Develop concentrations for nearshore waters. • Establish load reduction targets for priority tributary watersheds. • COMPLETED • Within 5 years: 2018 • Develop Binational Strategy and Domestic Action Plans Complete program inventory and Evaluation

14. What is happening with Annex 4? • Annex 4 Subcommittee conducting calls on monthly basis with bimonthly in-person meetings. • Task teams are examining Urban, Industrial, and Agricultural sources of phosophorus. • Assessment, modeling, monitoring/measuring, tracking reductions. • Existing programs are being inventoried. • Binational Phosphorus Reduction Strategy is being drafted. • Draft open water and priority tributary phosphorus targets were adopted in Feb 2016.

15. Proposed Phosphorus Targets • Updated phosphorus reduction targets were adopted in February 2016 for Western Basin algae and Central Basin hypoxia. Eastern Basin nearshore cladophora requires more study. • Targets were developed using an “ensemble modeling approach” that utilized 9 different models. • Reductions will focus on spring loading contributions during the months of March through June, and annual targets for the Maumee River, and 13 other priority tributaries in Lake St. Claire, and Western and Central Basins. • Proposed reductions are approximately 40% for Western and Central Basin tributaries, although sources will be prioritized based upon their total influence on nutrient conditions.

16. New Phosphorus Targets To minimize the extent of hypoxic zones in the waters of the central basin of Lake Erie: A 40 percent reduction in total phosphorus entering the western and central basins of Lake Erie—from the United States and from Canada—to achieve an annual load of 6,000 metric tons to the central basin. This amounts to a reduction from the United States and Canada of 3,316 metric tons and 212 metric tons respectively.

17. New Phosphorus Targets To maintain cyanobacteria biomass at levels that do not produce concentrations of toxins that pose a threat to human or ecosystem health in the waters of the western basin of Lake Erie: A 40 percent reduction in spring total and soluble reactive phosphorus loads from the Maumee River in the United States.

18. New Phosphorus Targets To maintain algal species consistent with healthy aquatic ecosystems in the nearshore waters of the western and central basins of Lake Erie: A 40 percent reduction in spring total and soluble reactive phosphorus loads from the following watersheds where algae is a localized problem: in Canada, Thames River and Leamington tributaries; and in the United States, Maumee River, River Raisin, Portage River, Toussaint Creek, Sandusky River and Huron River (Ohio).

19. What is Pennsylvania doing about nutrients? • Pennsylvania is not on the priority list for phosphorus reductions… Maumee, Sandusky, Grand Rivers. • In future years, characterize nutrient loading properties of our streams to demonstrate our compliance to other Great Lakes states. • Participate in planning activities (Domestic Action Plans, Lake Erie LAMP) and continue monitoring developments. • BE PROACTIVE: PA VinES, Municipal Stormwater

20. Future Topics and Buzzwords • Domestic Action Plans occurring from 2016-2018. • Methods of tracking and reporting. • New LAMP Structure • ADAPTIVE MANAGEMENT

21. Great Lakes and St. Lawrence River Basin Water Resources Compact and Agreement • Governs water use and diversions within the Great Lakes Basin. Designed to protect resource and reduce conflict between political jurisdictions. • Compact is signed between the states, ratified by Congress, implemented by states. • Agreement is between states AND provinces. Has same language as the compact. • Both were formalized in 2008.

22. Compact and Agreement Provisions • Created Water Resources Council (Compact Council) and the Regional Body. • Pennsylvania maintains two alternates and designees of Governor Wolf. • Each state must implement a water resources inventory, registration and reporting program. • Each state must implement a water conservation and efficiency program.

23. Great Lakes and St. Lawrence River Basin Water Resources Compact and Agreement • All new or increased withdrawals must meet criteria. • BAN on all new or increased diversions from the basin (with 3 specific exceptions). • Established Regional Review process for evaluating withdrawals and diversion exceptions.

24. Waukesha, WI Diversion Proposal • Contaminated water supply. Chlorides/Radium • Located outside of basin by approx. 1.5 miles but within groundwater boundary of influence. • Have applied for 10.1 MGD diversion of Great Lakes water from Lake Michigan. • Currently under Regional Review. • www.waukeshadiversion.org

25. Great Lakes Commission • Created in 1955 by compact between the states. • Received Congressional approval in 1968. • Added Ontario and Quebec via Declaration of Partnership in 1999. • Pennsylvania maintains 3 Commissioners, and 2 Alternate Commissioners.

26. Great Lakes Commission • Have evaluated policy and conducted issue advocacy on behalf of the states and provinces. • Supported AOC cleanup efforts and addressed Lake Erie nutrients through the LENT effort. • Researched oil transportation on and around Great Lakes. • Are actively working with Congressional representatives on extending the Great Lakes Restoration Initiative. • Are exploring strategies to combat invasive species.

27. Other Notable Organizations International Joint Commission • Created by the Boundary Waters Treaty of 1909. • Orders of Approval for large dam/hydro projects. • Activities include water quality, air quality and other issues affecting Great Lakes. • Support the Great Lakes Water Quality Agreement. Great Lakes Fishery Commission • Created in 1954 by the Convention on Great Lakes Fisheries. • Facilitates successful cross-border cooperation that ensures the two nations work together to improve and perpetuate the fishery. • Nine US and Canadian commissioners. • Sea lamprey control, fish management, science.

28. Thank you!