33 U.S.C. § 1268 : US Code - Section 1268: Great Lakes

Search 33 U.S.C. § 1268 : US Code - Section 1268: Great Lakes

(a) Findings, purpose, and definitions
(1) Findings
The Congress finds that -
(A) the Great Lakes are a valuable national resource,
continuously serving the people of the United States and other
nations as an important source of food, fresh water,
recreation, beauty, and enjoyment;
(B) the United States should seek to attain the goals
embodied in the Great Lakes Water Quality Agreement of 1978, as
amended by the Water Quality Agreement of 1987 and any other
agreements and amendments, with particular emphasis on goals
related to toxic pollutants; and
(C) the Environmental Protection Agency should take the lead
in the effort to meet those goals, working with other Federal
agencies and State and local authorities.
(2) Purpose
It is the purpose of this section to achieve the goals embodied
in the Great Lakes Water Quality Agreement of 1978, as amended by
the Water Quality Agreement of 1987 and any other agreements and
amendments, through improved organization and definition of
mission on the part of the Agency, funding of State grants for
pollution control in the Great Lakes area, and improved
accountability for implementation of such agreement.
(3) Definitions
For purposes of this section, the term -
(A) "Agency" means the Environmental Protection Agency;
(B) "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron
(including Lake St. Clair), Lake Michigan, and Lake Superior,
and the connecting channels (Saint Mary's River, Saint Clair
River, Detroit River, Niagara River, and Saint Lawrence River
to the Canadian Border);
(C) "Great Lakes System" means all the streams, rivers,
lakes, and other bodies of water within the drainage basin of
the Great Lakes;
(D) "Program Office" means the Great Lakes National Program
Office established by this section;
(E) "Research Office" means the Great Lakes Research Office
established by subsection (d) of this section;
(F) "area of concern" means a geographic area located within
the Great Lakes, in which beneficial uses are impaired and
which has been officially designated as such under Annex 2 of
the Great Lakes Water Quality Agreement;
(G) "Great Lakes States" means the States of Illinois,
Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and
Wisconsin;
(H) "Great Lakes Water Quality Agreement" means the bilateral
agreement, between the United States and Canada which was
signed in 1978 and amended by the Protocol of 1987;
(I) "Lakewide Management Plan" means a written document which
embodies a systematic and comprehensive ecosystem approach to
restoring and protecting the beneficial uses of the open waters
of each of the Great Lakes, in accordance with article VI and
Annex 2 of the Great Lakes Water Quality Agreement; and
(J) "Remedial Action Plan" means a written document which
embodies a systematic and comprehensive ecosystem approach to
restoring and protecting the beneficial uses of areas of
concern, in accordance with article VI and Annex 2 of the Great
Lakes Water Quality Agreement.
(b) Great Lakes National Program Office
The Great Lakes National Program Office (previously established
by the Administrator) is hereby established within the Agency. The
Program Office shall be headed by a Director who, by reason of
management experience and technical expertise relating to the Great
Lakes, is highly qualified to direct the development of programs
and plans on a variety of Great Lakes issues. The Great Lakes
National Program Office shall be located in a Great Lakes State.
(c) Great Lakes management
(1) Functions
The Program Office shall -
(A) in cooperation with appropriate Federal, State, tribal,
and international agencies, and in accordance with section
1251(e) of this title, develop and implement specific action
plans to carry out the responsibilities of the United States
under the Great Lakes Water Quality Agreement of 1978, as
amended by the Water Quality Agreement of 1987 and any other
agreements and amendments,; (!1)
(B) establish a Great Lakes system-wide surveillance network
to monitor the water quality of the Great Lakes, with specific
emphasis on the monitoring of toxic pollutants;
(C) serve as the liaison with, and provide information to,
the Canadian members of the International Joint Commission and
the Canadian counterpart to the Agency;
(D) coordinate actions of the Agency (including actions by
headquarters and regional offices thereof) aimed at improving
Great Lakes water quality; and
(E) coordinate actions of the Agency with the actions of
other Federal agencies and State and local authorities, so as
to ensure the input of those agencies and authorities in
developing water quality strategies and obtain the support of
those agencies and authorities in achieving the objectives of
such agreement.
(2) Great Lakes water quality guidance
(A) By June 30, 1991, the Administrator, after consultation
with the Program Office, shall publish in the Federal Register
for public notice and comment proposed water quality guidance for
the Great Lakes System. Such guidance shall conform with the
objectives and provisions of the Great Lakes Water Quality
Agreement, shall be no less restrictive than the provisions of
this chapter and national water quality criteria and guidance,
shall specify numerical limits on pollutants in ambient Great
Lakes waters to protect human health, aquatic life, and wildlife,
and shall provide guidance to the Great Lakes States on minimum
water quality standards, antidegradation policies, and
implementation procedures for the Great Lakes System.
(B) By June 30, 1992, the Administrator, in consultation with
the Program Office, shall publish in the Federal Register,
pursuant to this section and the Administrator's authority under
this chapter, final water quality guidance for the Great Lakes
System.
(C) Within two years after such Great Lakes guidance is
published, the Great Lakes States shall adopt water quality
standards, antidegradation policies, and implementation
procedures for waters within the Great Lakes System which are
consistent with such guidance. If a Great Lakes State fails to
adopt such standards, policies, and procedures, the Administrator
shall promulgate them not later than the end of such two-year
period. When reviewing any Great Lakes State's water quality
plan, the agency shall consider the extent to which the State has
complied with the Great Lakes guidance issued pursuant to this
section.
(3) Remedial Action Plans
(A) For each area of concern for which the United States has
agreed to draft a Remedial Action Plan, the Program Office shall
ensure that the Great Lakes State in which such area of concern
is located -
(i) submits a Remedial Action Plan to the Program Office by
June 30, 1991;
(ii) submits such Remedial Action Plan to the International
Joint Commission by January 1, 1992; and
(iii) includes such Remedial Action Plans within the State's
water quality plan by January 1, 1993.
(B) For each area of concern for which Canada has agreed to
draft a Remedial Action Plan, the Program Office shall, pursuant
to subparagraph (c)(1)(C) of this section, work with Canada to
assure the submission of such Remedial Action Plans to the
International Joint Commission by June 30, 1991, and to finalize
such Remedial Action Plans by January 1, 1993.
(C) For any area of concern designated as such subsequent to
November 16, 1990, the Program Office shall (i) if the United
States has agreed to draft the Remedial Action Plan, ensure that
the Great Lakes State in which such area of concern is located
submits such Plan to the Program Office within two years of the
area's designation, submits it to the International Joint
Commission no later than six months after submitting it to the
Program Office, and includes such Plan in the State's water
quality plan no later than one year after submitting it to the
Commission; and (ii) if Canada has agreed to draft the Remedial
Action Plan, work with Canada, pursuant to subparagraph (c)(1)(C)
of this section, to ensure the submission of such Plan to the
International Joint Commission within two years of the area's
designation and the finalization of such Plan no later than
eighteen months after submitting it to such Commission.
(D) The Program Office shall compile formal comments on
individual Remedial Action Plans made by the International Joint
Commission pursuant to section 4(d) of Annex 2 of the Great Lakes
Water Quality Agreement and, upon request by a member of the
public, shall make such comments available for inspection and
copying. The Program Office shall also make available, upon
request, formal comments made by the Environmental Protection
Agency on individual Remedial Action Plans.
(E) Report. - Not later than 1 year after November 27, 2002,
the Administrator shall submit to Congress a report on such
actions, time periods, and resources as are necessary to fulfill
the duties of the Agency relating to oversight of Remedial Action
Plans under -
(i) this paragraph; and
(ii) the Great Lakes Water Quality Agreement.
(4) Lakewide Management Plans
The Administrator, in consultation with the Program Office
shall -
(A) by January 1, 1992, publish in the Federal Register a
proposed Lakewide Management Plan for Lake Michigan and solicit
public comments;
(B) by January 1, 1993, submit a proposed Lakewide Management
Plan for Lake Michigan to the International Joint Commission
for review; and
(C) by January 1, 1994, publish in the Federal Register a
final Lakewide Management Plan for Lake Michigan and begin
implementation.
Nothing in this subparagraph shall preclude the simultaneous
development of Lakewide Management Plans for the other Great
Lakes.
(5) Spills of oil and hazardous materials
The Program Office, in consultation with the Coast Guard, shall
identify areas within the Great Lakes which are likely to
experience numerous or voluminous spills of oil or other
hazardous materials from land based facilities, vessels, or other
sources and, in consultation with the Great Lakes States, shall
identify weaknesses in Federal and State programs and systems to
prevent and respond to such spills. This information shall be
included on at least a biennial basis in the report required by
this section.
(6) 5-year plan and program
The Program Office shall develop, in consultation with the
States, a five-year plan and program for reducing the amount of
nutrients introduced into the Great Lakes. Such program shall
incorporate any management program for reducing nutrient runoff
from nonpoint sources established under section 1329 of this
title and shall include a program for monitoring nutrient runoff
into, and ambient levels in, the Great Lakes.
(7) 5-year study and demonstration projects
(A) The Program Office shall carry out a five-year study and
demonstration projects relating to the control and removal of
toxic pollutants in the Great Lakes, with emphasis on the removal
of toxic pollutants from bottom sediments. In selecting locations
for conducting demonstration projects under this paragraph,
priority consideration shall be given to projects at the
following locations: Saginaw Bay, Michigan; Sheboygan Harbor,
Wisconsin; Grand Calumet River, Indiana; Ashtabula River, Ohio;
and Buffalo River, New York.
(B) The Program Office shall -
(i) by December 31, 1990, complete chemical, physical, and
biological assessments of the contaminated sediments at the
locations selected for the study and demonstration projects;
(ii) by December 31, 1990, announce the technologies that
will be demonstrated at each location and the numerical
standard of protection intended to be achieved at each
location;
(iii) by December 31, 1992, complete full or pilot scale
demonstration projects on site at each location of promising
technologies to remedy contaminated sediments; and
(iv) by December 31, 1993, issue a final report to Congress
on its findings.
(C) The Administrator, after providing for public review and
comment, shall publish information concerning the public health
and environmental consequences of contaminants in Great Lakes
sediment. Information published pursuant to this subparagraph
shall include specific numerical limits to protect health,
aquatic life, and wildlife from the bioaccumulation of toxins.
The Administrator shall, at a minimum, publish information
pursuant to this subparagraph within 2 years of November 16,
1990.
(8) Administrator's responsibility
The Administrator shall ensure that the Program Office enters
into agreements with the various organizational elements of the
Agency involved in Great Lakes activities and the appropriate
State agencies specifically delineating -
(A) the duties and responsibilities of each such element in
the Agency with respect to the Great Lakes;
(B) the time periods for carrying out such duties and
responsibilities; and
(C) the resources to be committed to such duties and
responsibilities.
(9) Budget item
The Administrator shall, in the Agency's annual budget
submission to Congress, include a funding request for the Program
Office as a separate budget line item.
(10) Comprehensive report
Within 90 days after the end of each fiscal year, the
Administrator shall submit to Congress a comprehensive report
which -
(A) describes the achievements in the preceding fiscal year
in implementing the Great Lakes Water Quality Agreement of
1978, as amended by the Water Quality Agreement of 1987 and any
other agreements and amendments, and shows by categories
(including judicial enforcement, research, State cooperative
efforts, and general administration) the amounts expended on
Great Lakes water quality initiatives in such preceding fiscal
year;
(B) describes the progress made in such preceding fiscal year
in implementing the system of surveillance of the water quality
in the Great Lakes System, including the monitoring of
groundwater and sediment, with particular reference to toxic
pollutants;
(C) describes the long-term prospects for improving the
condition of the Great Lakes; and
(D) provides a comprehensive assessment of the planned
efforts to be pursued in the succeeding fiscal year for
implementing the Great Lakes Water Quality Agreement of 1978,
as amended by the Water Quality Agreement of 1987 and any other
agreements and amendments,,(!1) which assessment shall -
(i) show by categories (including judicial enforcement,
research, State cooperative efforts, and general
administration) the amount anticipated to be expended on
Great Lakes water quality initiatives in the fiscal year to
which the assessment relates; and
(ii) include a report of current programs administered by
other Federal agencies which make available resources to the
Great Lakes water quality management efforts.
(11) Confined disposal facilities
(A) The Administrator, in consultation with the Assistant
Secretary of the Army for Civil Works, shall develop and
implement, within one year of November 16, 1990, management plans
for every Great Lakes confined disposal facility.
(B) The plan shall provide for monitoring of such facilities,
including -
(i) water quality at the site and in the area of the site;
(ii) sediment quality at the site and in the area of the
site;
(iii) the diversity, productivity, and stability of aquatic
organisms at the site and in the area of the site; and
(iv) such other conditions as the Administrator deems
appropriate.
(C) The plan shall identify the anticipated use and management
of the site over the following twenty-year period including the
expected termination of dumping at the site, the anticipated need
for site management, including pollution control, following the
termination of the use of the site.
(D) The plan shall identify a schedule for review and revision
of the plan which shall not be less frequent than five years
after adoption of the plan and every five years thereafter.
(12) Remediation of sediment contamination in areas of concern
(A) In general
In accordance with this paragraph, the Administrator, acting
through the Program Office, may carry out projects that meet
the requirements of subparagraph (B).
(B) Eligible projects
A project meets the requirements of this subparagraph if the
project is to be carried out in an area of concern located
wholly or partially in the United States and the project -
(i) monitors or evaluates contaminated sediment;
(ii) subject to subparagraph (D), implements a plan to
remediate contaminated sediment; or
(iii) prevents further or renewed contamination of
sediment.
(C) Priority
In selecting projects to carry out under this paragraph, the
Administrator shall give priority to a project that -
(i) constitutes remedial action for contaminated sediment;
(ii)(I) has been identified in a Remedial Action Plan
submitted under paragraph (3); and
(II) is ready to be implemented;
(iii) will use an innovative approach, technology, or
technique that may provide greater environmental benefits, or
equivalent environmental benefits at a reduced cost; or
(iv) includes remediation to be commenced not later than 1
year after the date of receipt of funds for the project.
(D) Limitation
The Administrator may not carry out a project under this
paragraph for remediation of contaminated sediments located in
an area of concern -
(i) if an evaluation of remedial alternatives for the area
of concern has not been conducted, including a review of the
short-term and long-term effects of the alternatives on human
health and the environment; or
(ii) if the Administrator determines that the area of
concern is likely to suffer significant further or renewed
contamination from existing sources of pollutants causing
sediment contamination following completion of the project.
(E) Non-Federal share
(i) In general
The non-Federal share of the cost of a project carried out
under this paragraph shall be at least 35 percent.
(ii) In-kind contributions
The non-Federal share of the cost of a project carried out
under this paragraph may include the value of in-kind
services contributed by a non-Federal sponsor.
(iii) Non-Federal share
The non-Federal share of the cost of a project carried out
under this paragraph -
(I) may include monies paid pursuant to, or the value of
any in-kind service performed under, an administrative
order on consent or judicial consent decree; but
(II) may not include any funds paid pursuant to, or the
value of any in-kind service performed under, a unilateral
administrative order or court order.
(iv) Operation and maintenance
The non-Federal share of the cost of the operation and
maintenance of a project carried out under this paragraph
shall be 100 percent.
(F) Maintenance of effort
The Administrator may not carry out a project under this
paragraph unless the non-Federal sponsor enters into such
agreements with the Administrator as the Administrator may
require to ensure that the non-Federal sponsor will maintain
its aggregate expenditures from all other sources for
remediation programs in the area of concern in which the
project is located at or above the average level of such
expenditures in the 2 fiscal years preceding the date on which
the project is initiated.
(G) Coordination
In carrying out projects under this paragraph, the
Administrator shall coordinate with the Secretary of the Army,
and with the Governors of States in which the projects are
located, to ensure that Federal and State assistance for
remediation in areas of concern is used as efficiently as
practicable.
(H) Authorization of appropriations
(i) In general
In addition to other amounts authorized under this section,
there is authorized to be appropriated to carry out this
paragraph $50,000,000 for each of fiscal years 2004 through
2008.
(ii) Availability
Funds made available under clause (i) shall remain
available until expended.
(13) Public information program
(A) In general
The Administrator, acting through the Program Office and in
coordination with States, Indian tribes, local governments, and
other entities, may carry out a public information program to
provide information relating to the remediation of contaminated
sediment to the public in areas of concern that are located
wholly or partially in the United States.
(B) Authorization of appropriations
There is authorized to be appropriated to carry out this
paragraph $1,000,000 for each of fiscal years 2004 through
2008.
(d) Great Lakes research
(1) Establishment of Research Office
There is established within the National Oceanic and
Atmospheric Administration the Great Lakes Research Office.
(2) Identification of issues
The Research Office shall identify issues relating to the Great
Lakes resources on which research is needed. The Research Office
shall submit a report to Congress on such issues before the end
of each fiscal year which shall identify any changes in the Great
Lakes system (!2) with respect to such issues.
(3) Inventory
The Research Office shall identify and inventory Federal,
State, university, and tribal environmental research programs
(and, to the extent feasible, those of private organizations and
other nations) relating to the Great Lakes system,(!2) and shall
update that inventory every four years.
(4) Research exchange
The Research Office shall establish a Great Lakes research
exchange for the purpose of facilitating the rapid
identification, acquisition, retrieval, dissemination, and use of
information concerning research projects which are ongoing or
completed and which affect the Great Lakes System.
(5) Research program
The Research Office shall develop, in cooperation with the
Coordination Office, a comprehensive environmental research
program and data base for the Great Lakes system.(!2) The data
base shall include, but not be limited to, data relating to water
quality, fisheries, and biota.
(6) Monitoring
The Research Office shall conduct, through the Great Lakes
Environmental Research Laboratory, the National Sea Grant College
program, other Federal laboratories, and the private sector,
appropriate research and monitoring activities which address
priority issues and current needs relating to the Great Lakes.
(7) Location
The Research Office shall be located in a Great Lakes State.
(e) Research and management coordination
(1) Joint plan
Before October 1 of each year, the Program Office and the
Research Office shall prepare a joint research plan for the
fiscal year which begins in the following calendar year.
(2) Contents of plan
Each plan prepared under paragraph (1) shall -
(A) identify all proposed research dedicated to activities
conducted under the Great Lakes Water Quality Agreement of
1978, as amended by the Water Quality Agreement of 1987 and any
other agreements and amendments,; (!3)
(B) include the Agency's assessment of priorities for
research needed to fulfill the terms of such Agreement; and
(C) identify all proposed research that may be used to
develop a comprehensive environmental data base for the Great
Lakes System and establish priorities for development of such
data base.
(3) Health research report
(A) Not later than September 30, 1994, the Program Office, in
consultation with the Research Office, the Agency for Toxic
Substances and Disease Registry, and Great Lakes States shall
submit to the Congress a report assessing the adverse effects of
water pollutants in the Great Lakes System on the health of
persons in Great Lakes States and the health of fish, shellfish,
and wildlife in the Great Lakes System. In conducting research in
support of this report, the Administrator may, where appropriate,
provide for research to be conducted under cooperative agreements
with Great Lakes States.
(B) There is authorized to be appropriated to the Administrator
to carry out this section not to exceed $3,000,000 for each of
fiscal years 1992, 1993, and 1994.
(f) Interagency cooperation
The head of each department, agency, or other instrumentality of
the Federal Government which is engaged in, is concerned with, or
has authority over programs relating to research, monitoring, and
planning to maintain, enhance, preserve, or rehabilitate the
environmental quality and natural resources of the Great Lakes,
including the Chief of Engineers of the Army, the Chief of the Soil
Conservation Service, the Commandant of the Coast Guard, the
Director of the Fish and Wildlife Service, and the Administrator of
the National Oceanic and Atmospheric Administration, shall submit
an annual report to the Administrator with respect to the
activities of that agency or office affecting compliance with the
Great Lakes Water Quality Agreement of 1978, as amended by the
Water Quality Agreement of 1987 and any other agreements and
amendments,.(!3)
(g) Relationship to existing Federal and State laws and
international treaties
Nothing in this section shall be construed -
(1) to affect the jurisdiction, powers, or prerogatives of any
department, agency, or officer of the Federal Government or of
any State government, or of any tribe, nor any powers,
jurisdiction, or prerogatives of any international body created
by treaty with authority relating to the Great Lakes; or
(2) to affect any other Federal or State authority that is
being used or may be used to facilitate the cleanup and
protection of the Great Lakes.
(h) Authorizations of Great Lakes appropriations
There are authorized to be appropriated to the Administrator to
carry out this section not to exceed -
(1) $11,000,000 per fiscal year for the fiscal years 1987,
1988, 1989, and 1990, and $25,000,000 for fiscal year 1991;
(2) such sums as are necessary for each of fiscal years 1992
through 2003; and
(3) $25,000,000 for each of fiscal years 2004 through 2008.