Great Lakes Commission

Comments to IJC, LEEP Report

October 4, 2013

Page 1

BOARD OF DIRECTORS

CHAIR

Kenneth G. Johnson

Administrator

Water Division

Wisconsin Department of

Natural Resources

Madison, Wisconsin

VICE CHAIR

Kelly Burch

Regional Director
Northwest Regional Office

Pennsylvania Department of
Environmental Protection

Meadville, Pennsylvania

IMMEDIATE PAST CHAIR

James M. Tierney

Assistant Commissioner

for Water Resources

New York State Department of

Environmental Conservation

Albany, New York

Marc Miller

Director

Illinois Department of

Natural Resources

Springfield, Illinois

Kari Bennett

Commissioner

Indiana Utility Regulatory Commission

Indianapolis, Indiana

Jon W. Allan

Director

Office of the Great Lakes

Michigan Department of

Environmental Quality

Lansing, Michigan

Thomas E. Huntley

Minnesota State Representative

Duluth, Minnesota

Joseph Martens

Commissioner

New York State Department of
Environmental Conservation

Albany, New York

James Zehringer

Director

Ohio Department of
Natural Resources

Columbus, Ohio

William Carr

Manager

International Relations and Policy

Office of International
Relations and Protocol

Toronto, Ontario

Eric Marquis

Québec Government Representative

Chicago, Illinois

Ensuring environmental and
economic prosperity for the Great Lakes-St. Lawrence region through communications, policy research and development, and advocacy.

October 4, 2013

Ms. Lana Pollack, United States Chair

Mr. Joseph Comuzzi, Canadian Chair

International Joint Commission

Great Lakes Regional Office

P.O. Box 32869, Detroit, MI 48232

Dear Commissioners Pollack and Comuzzi:

The Great Lakes Commission (GLC) is pleased to provide comments to the International Joint Commission (IJC) on its August 2013 draft Lake Erie Ecosystem Priority (LEEP) report. This is an extremely important report and the GLC applauds the IJC on its efforts to identify phosphorus reduction priorities for the Lake Erie basin. Along with our comments, which are both general and specific, are some thoughts on opportunities for collaboration between our two Commissions regarding Lake Erie phosphorus reduction priorities.

We appreciate the chance to provide these comments and look forward to receiving the final report and hearing about the IJC’s anticipated next steps once the recommendations are adopted.

General Comments

The GLC is pleased to see that the draft LEEP report echoes many of the findings of our September 2012 Report of the GLC Phosphorus Reduction Task Force ( The draft LEEP report and the GLC task force report both acknowledge recent science and information that shows: a) the significance of agriculture as a primary uncontrolled source of phosphorus loadings into Lake Erie; and b) that dissolved reactive phosphorus (DRP), presents unique challenges for nutrient loading and cycling that cannot be resolved by addressing total phosphorus inputs alone. In particular, the draft LEEP report and the GLC task force report both call for actions to build on this information through:

•improved education and outreach;

•targeting financial and technical assistance to priority watersheds;

•focused efforts to address dissolved reactive phosphorus (DRP);

•increased efforts on managing agricultural drainage.

We further applaud the report for explicitly acknowledging the link between phosphorus loads and harmful algal blooms and recommending actions that recognize the importance of leveraging voluntary, non-voluntary/regulatory programs and call for implementing specific new approaches that include elements of both.

Specific Comments on the Recommendations

Recommendation #2

  • It is unclear what is meant by “phosphorus cleanup plan.” The word“cleanup” suggests remedial activities to remove phosphorus thatis already in the tributaries or Lake Erie (e.g., dredging phosphorus-laden sediment from a tributary). This is quite different from a TMDL-like framework whereby allocations specify load reduction targets that prevent phosphorus from entering waterways (e.g., from land conservation practices). The two approaches require the use of very different technologies and practices. If the intent is to reduce loadings from nonpoint sources as well as remove phosphorus that is already in the system, then the recommendation should clearly make this distinction. If the intent is to address “cleanup”, removal or remediation of phosphorus that is already in the system, then a TMDL or similar framework is not the most appropriate mechanism to accomplish the objective.
  • Also related to, but not withstanding the previous comment, we recommend the following language change to the last sentence as noted in the underlined below. “Such a plan will take into account all significant phosphorus sources (both total and DRP), and allocate reductions of total phosphorus and DRP according to relative loadings.

Recommendation #9

  • The GLC supports the recommendation calling for a ban on the application of manure and biosolids from agricultural operations on frozen ground or ground covered with snow. With support from the proper state and provincial agencies, we see this as clear, firm, and easily implementable recommendation.

Recommendation #15

  • The GLC applauds this recommendation urging jurisdictions and agencies to improve data management and data coordination. This issue is one that is consistently mentioned by our member states and provinces and other partners as vital to the implementation of successful phosphorus reduction efforts and nonpoint source pollution prevention and control programs. The GLC has considerable experience with data management through its management of the Great Lakes Information Network, extensive GIS mapping capacity, and related data integration efforts for the Great Lakes Observing System and the IJC's Lake Ontario-St. Lawrence River Study.

Comments on the Report Language

On page 50, Section 4.2.1, second paragraph, the report speaks of phased targets nested in an adaptive management framework. The GLC commendsthis approach to assess progress at periodic intervals over time. We are curious as to whether there is a scientific basis to the suggested three-year intervals for evaluation. If not, we suggest that a five-year interval would allow outlier years to be smoothed out and would be consistent with the review and renewal of point source discharge permits into the Western Lake Erie basin, which might also helpful in assessing overall ecosystem improvements over time.

Opportunities for Collaboration

Recommendations 2 and 15 are of particular interest to the GLC as ones that will require a high degree of collaboration and coordination between multiple states and partners in order to be implemented. The GLC is well-positioned and willing to assist the IJC and its partners in these efforts. Particularly, the GLC would be pleased to share its views, and/or to work with the jurisdictions and other partners to determine how best to facilitate a coordinated approach among the governmentsof Michigan, Ohio and Ontario, supported by U.S. EPA and Environment Canada, to develop a TMDL-like phosphorus reduction plan for the western and central basins of Lake Erie.

The GLC also has much experience in managing and integrating data and information for our members and other partners. Again, we will be happy to share our ideas and visions about how the region might go about developing and managing a common data portal that links relevant distributed data related to nutrients and algal blooms in Lake Erie. It is our belief that for data and information management efforts to be successful, they must go beyond sharing reports and data files to also include the building of analytical tools and maps that can facilitate the individual use of that data and information in order to make timely and relevant decisions.

On behalf of the GLC, I thank you again for the invitation to provide these comments. We welcome the opportunity to elaborate on or discuss any of these comments with you or your staffs. If you have any questions, please do not hesitate to contact me at 734-971-9135 or via email at .

Sincerely,

Tim Eder,

Executive Director