Re-designating Beneficial Use Impairments in Great Lakes Areas of Concern COA Management Committee Meeting June 5, 2012 Agenda Item 4

2 To inform COA MC of the planned more pro-active approach to re-designating BUIs in AOCs. Purpose

Outline Basis for the Impaired Beneficial Use designation and progress Great Lakes Water Agreement requirements and practices to date Proposed approach, requirements, steps and COA AIC & MC’s role

Beneficial Use Impairments Canada-U.S. Great Lakes Water Quality Agreement commits the Parties to “identify and work toward the elimination of Areas of Concern”. Areas of Concern defined as “a geographic area that fails to meet the General or Specific Objectives of the Agreement where such failure has caused or is likely to cause impairment of beneficial use”. Impairment of beneficial use defined as a change in chemical, physical or biological integrity sufficient to cause one or more of the environmental, human health or economic impacts described in the Beneficial Use Impairment Framework Once all remedial actions have been completed and environmental monitoring demonstrates that impaired beneficial uses have been restored, Government with concurrence of the International Joint Commission can formally “delist” an Area of Concern BENEFICIAL USE IMPAIRMENT FRAMEWORK degradation of fish wildlife populations; fish tumours or other deformities; bird or animal deformities or reproduction problems; degradation of benthos; degradation of phytoplankton and zooplankton populations; loss of fish and wildlife habitat eutrophication or undesirable algae; restrictions on drinking water consumption, or taste and odour problems restrictions on fish and wildlife consumption; beach closings; added costs to agriculture or industry; restrictions on dredging activities; tainting of fish and wildlife flavour; degradation of aesthetics; 3

5 Great Lakes Areas of Concern

BUI Status 2010

Restoration Progress

Great Lakes Water Quality Agreement 1987 GLWQA: The Parties shall cooperate with State and provincial governments to classify AOCs by their stage of restoration…and when identified BUIs are no longer impaired and the area restored, the removal of its designation as an AOC.

COA & Re-designation "COA Guide to Changing the Designation of BUI, Preparing Stage 3 Reports and Delisting AOCs" Approved by COA MC in July 1995.

Practice to date… Stage 1 Remedial Action Plans – identifies the BUIs and causes RAP Stage 2 – updates status of BUIs and lays out the remedial plans RAP Stage 2 Updates – assess status of BUIs and may re-designate some Occasionally BUIs re-designated on individual basis Area in Recovery reports – may re-designate some BUIs RAP Stage 3 – re-designates all remaining BUIs and delists the AOC.

Re-designation Approach Rationale:  A more proactive approach more effectively demonstrates progress and focuses resources;  Consistent with US approach – targeting 46 BUIs by 2014 Principles:  Transparent and accountable Outcome:  Anticipate re-designating 30 to 40 BUIs over next 5 years (e.g., Requires Further Assessment, restrictions on dredging, aesthetics, fish tumours, fish tainting)

Re-designation Process Steps 1) AOC Remedial Action Plan Team produces BUI assessment report. 2) Draft BUI assessment report reviewed by agencies as needed. 3) RAP team submits report to COA Annex 1 leads – if necessary Annex 1 leads obtain independent peer review. 4) COA Annex 1 leads may request changes.

Steps continued… 5) RAP Team posts report public comment. 6) Annex 1 leads submit assessment report(s) to COA AIC to ensure no concerns with content and concurrence with re- designation. 7) COA MC approves change in designation; informs the IJC 8) Canada (EC) with MOE and RAP Team announce Re-designation – demonstrating environmental restoration progress…etc.

Going forward… Upcoming BUI re-designations: Toronto Region AOC:  Fish Tumours & Other Deformities  Bird or Animal Deformities Detroit River  Fish Tainting and Wildlife Flavour St. Clair River  Added Costs to Agriculture or Industry Many AOCs  Restrictions on Dredging Activities

Questions?