5629 OOOR77108
REPORT OF SUBGROUP C
ON REVIEW OF
THE GREAT LAKES WATER QUALITY AGREEMENT
30 April 1977
Enclosure (2)
23? So ''-.-"..: ' i Street
Chicagos Illinois 60604"
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Report of Subgroup C
on Review of
The Great Lakes Water Quality Agreement
INTRODUCTION
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In connection with the Fifth Year Review of the Fifth of the Great
Lakes Water Quality Agreement of 1972 (GLWQA), Subgroup C was
designated to conduct the review of Article VI. (3)(v) - establish coordinated
system of surveillance and Annex 8 (Article VI. (h)) - joint contingency plan.
Although two work groups were initially established, the reviews were
conducted by a single group.
Two separate two-day meetings were held in Cleveland, Ohio on
3, 4 March 1977 and 25, 26 April 1977. The work group reviewed the
"Joint Canadian/United States Coast Guard Report of Progress Towards
Achievement of the Goals Established by the Great Lakes Water Quality
Agreement of 1972-February 1976. " this report, jointly developed by
similar joint work groups in Ottawa on 28, 29 January 1976, was used
as a ready reference which was revised and updated in light of new or
additional information developed during the review sessions.
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The discussions of the applicable portions of Article V, GLWQA
and Annex 8 which follow lead to the consolidated recommended revisions
shown in enclosure (3).
GENERAL CONCLUSIONS
1. Article VI. (e)(v) has been expanded to include aerial surveillance
and to more clearly describe the surveillance functions.
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2. The Annex 8 recommended revisions include changes to reflect the
current title of the Joint Plan and custodians of the Plan, identification
of and increased planning for high risk areas and areas of particular
concern, and other clarifying changes.
DISCUSSION
1. Coordinated system for surveillance- Article Vl(e)(v)
Subgroups C endorses pages 28 and 29 of the Joint Progress Report
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of February 1976, attachment (a), which discusses joint activity under
this reference. However, the formal surveillance mechanism does not
extend to surface as well as aerial surveillance. In making their
recommendation, the Subgroup recognized and desired to emphasize, that
the intent of Article VI. (e)(v) is to provide for visual observation and
prosecution of violators of both countries' water quality statutes and not
to provide for actual water quality monitoring as a function of determining
the quality of the water. The recommended revision of Article Vl(e)(v)
has been included in Enclosure (3).
2. Joint Contingency Plan - Annex 8 and Article Vl(h).
Subgroup C endorses page 30 of the Joint Progress Report of February
1976, attachment (b), which discusses joint activity under this reference.
However, Annex 8 of the Agreement does require revision to provide for:
a, reflecting the current title of the Joint Plan and custodians of
the Plan,
b. identification of and increased planning for high risk areas
and areas of particular concern;
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c. elimination of a misleading term in paragraph 3. (a), i e. :
"or any other substance" as used within the text of this
paragraph is inclusive and when referring to paragraph 4,
the inference can be drawn that a Party would bear the cost
of operation, no matter what the pollutant If the term were
changed to "or any hazardous polluting substance" it would
more clearly conform with the remainder of the Agreement
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and U. S. Law, i. e. the National Revolving Fund may pay
for operations related to hazardous (Polluting) Substance
spills at such time as the substances are designated
d. elimination of additional misleading terms in paragraph
3(b)(iil). An objective of the Plan is not "to provide adequate
equipment to respond to pollution incidents" but to "provide
adequate cleanup response" including of course, adequate
equipment
The Subgroup also recommends that the Custodians of the Plan
submit a joint semi-annual report to the IJC on Contingency Planning
Activities in addition to the current practice of reporting on major pollution
incidents. The Subgroup agreed, however, that such reports need not be
directed by Annex 8.
The recommended revision of Annex 8 has been included in
enclosure (3).
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D. Navigational Equipment (Annex 5, paragraphs 1 (a))
Periodic comparisons have been made of the requirements of the several
Administrations respecting navigational equipment. It has been established
that while variations in specialized equipment fittings are unavoidable,
the general equipment requirements are common with the regulations of the
U.S.C.G., C.C.G. and S.L.S.A./S.L.S.D.C.
The S.L.S.A./S.L.S.D.C. regulations are the result of a joint agree-
meet between the Administrations of the U.S.A. and Canada, and they reflect
compatibility with the Intent of the Great Lakes. Water Quality Agreement of
1972.
The following list of navigational equipment summarizes the actions
taken be each Administration In establishing minimum safe standards.
Magnetic Compass
Gyro Compass
Sounding Equip-
ment
Radar
Internal Com-
munications
VHP Radio
Radio Direction
Finder
Charts
U.S.C.G.
Required
Required
Required
Required
Required
Required
Not Mandatory
S.L.S.A./S.L.S.D.C.
Required
Required
Required
Required
Required
Required
Required
C.C.G.
Required
Required
Required
Required
Required
Required
Required
Required
Required
Required
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List of navigational equipment (CONTINUED)
U.S.C.G. S.L.S.A./S.L.S.D.C. C.C.G.
Course Recorder Not required Not Required Required
Maneuvering System Required Required Required
Indicators and
Appliances
This equipment must be maintained in operating condition and
periodically tested.
All mariners are required by the ordinary practice of seamen to make
proper use of all navigational equipment. Failure to do so may result in
proceedings directed toward revocation or suspension of the mariner's
license or certificate.
Consideration is being given to and a Notice of Proposed Rule Making
has been published reflecting the possible requirement for all vessels of
1600 GT or more to be fitted with LORAN C receiving equipment. This
equipment will facilitate vessel navigation during both normal and ice
operations.
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E• Manning of Vessels
(reference Annex 5, subparagraph 1 Cd))
A review of the United States Coast Guard Rules and Regulations for
the licensing and certificating of Merchant Marine personnel and the Canadian
Coast Guard standards under the Canada Shipping Act, including the Ship's
Deck Watch Regulations, shows a similarity of ship-organization for larger
vessels trading in Great Lakes waters. In U. S. and Canadian vessels, all
officers in charge of a watch must possess a certificate of competency. It
is also considered that the existing manning requirements provide an
acceptable minimum standard with regard to towing vessels and to all other
vessels navigating in high traffic density and in ice or in any adverse
weather condition.
The training and examination systems administered in the U.S.A. and
in Canada reflect the intent of the agreement and both exceed acceptable mini-
mum standards. Both countries are revising their examinations from the
subjective type to the objective or multiple-choice answer form which will
serve to modernize the licensing programs. The standardisation of the
licensing exam is considered to be a great step forward. Throughout the U. S.
every applicant for the same grade of Great Lakes engineer's license receives
the same examination which is administered on the same days at a predesignated
schedule. The examinations are then graded at a central control area. Al-
though the Great Lakes Masters and Pilots objective type examination has not
been fully developed, as yet, an effort is currently underway addressing this
area. Questions on tankship safety, pollution control, and engineering safety
are provided for in the new examinations and the sysyem permits continual
updating as new areas of concern or unsafe conditions are identified through
studies or casualty evaluations.
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Although the written examination is a necessary tool for deterraini
basic skill qualification, greater emphasis is being placed on the methods
of training and retraining for shipboard personnel, particularly in the
critical skill areas such as the knowledge and comprehension to load and
discharge oil tankers, liquefied gas carriers and hazardous chemical
carriers, radar piloting, ship maneuvering and firefighting. Simulator
type proficiency Testing and training facilities for radar observer, sponsored
by both government and private interests are presently available on all four
coasts of the U. S. for use in testing all applicants for original and
renewals of deck officer licenses.
Although not specifically required by regulation encouragement has
been given and labor/management sponsored facilities providing automated
engine room console simulator training and automated cargo control simulator
training have been established. In addition, government and private
sponsored firefighting schools have been established. In this area the
Maritime Administration with the cooperation of the Coast Guard is developing
a firefight hand book and standard classroom curriculum. The government
sponsored firefighting field exercise training facilities will be expanded
in FY 78 with new facilities being constructed one each in the Gulf of
Mexico and Great Lakes areas.
A study of casualties involving towing vessels led to the enactment
of the Uninspected Towing Vessel Licensing Act in 1972. This act and sub-
sequent regulations, have established a minimum requirement for licensed
operators on all towing vessels of 26 feet or more in length engaged in
the service of towing.
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In regard to foreign vessel competency standards, the Coast Guard
is active internationally, participating on the IMCO Sub-committee on
Standards of Tranining and Watchkeeping in an effort to establish the
highest international standard of qualifications and training for all
maritime personnel. A conference to consider the subcommittees draft
convention and recommendations is scheduled for the autumn of 1978. These
efforts will be reflected in regulatory action which, will impact on the
crews of foreign vessels navigating the Great Lakes and will meet the
objectives of this agreement.
The Ports and Waterways Safety Act of 1972 and implementing
regulations have provided the Coast Guard additional authority to control
vessels in U. S. waters which includes control of vessels that do not meet
the minimum standards considered necessary for the existing circumstances.
Under this authority, Navigation Safety Regulations C33 CFR 164) have been
promulgated which will become effective 1 June 1977. These regulations
impose standards of Performance for the Navigation Watch and require
specific navigational equipment to be in operating condition, tested and
aboard all vessels entering U. S. navigable waters. The required navigational
procedures cover vessel operations underway general, in confined or congested
waters and at anchor and are considered substantially compatible with the
Canadian Coast Guard Code of Navigating Practices and Procedures (1972 edition)
The vessels navigating the Great Lakes are subject to compulsory
pilotage regulations administered under the terms of a separate joint agree-
ment. These regulations are the subject of continuing review to ensure,
among other things, their compatability with the objectives of the Water
Quality Agreement. The issuance of "Navigation Certificates ("B" Certificates)
by the Canadian Coast Guard has generated concern with respect to whether
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or not this practice meets the objective of this agreement. Basically these
certificate provide or permits Master of Foreign flag vessels to be
their own pilot while transiting the Great Lakes. This issuance of such
certificates should be reviewed.
In a continuing effort to keep abreast of rapid changes in technology,
numerous studies have been initiated that address the man/machine interface
and standards of Qualifications of Personnel responsible for the security
and transfer of LNG and Hazardous and Noxious cargoes. Undoubtedly as more
knowledge is acquired in the human factors area, additional regulatory
efforts to improve safety aboard vessels will be initiated.
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Report of Work Group 5
Coordinated System for Surveillance and Enforceiaent
(reference Article V l(e) (v))
In July 19T5, representatives of the Canadian Coast Guard and United
States Coast Guard signed a Memorandum of Understanding Concerning Aerial
Surveillance Pursuant to the Great Lakes Water Quality Agreement. This
Memorandum of Understanding established a coordinated Canadian/U.S. system
for the aerial surveillance of Great Lakes Waters the purpose of which is
to abate and control pollution from shipping activities. Pollution noted
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from other sources is not, of course, exempt from the Agreement.
Under this programme of aerial surveillance the waters of all five
Great Lakes and their connecting waterways are patrolled, on a regular
basis throughout the shipping season, by aircraft of the Canadian or United
States Coast Guard which are manned by persons experienced in the identifica-
tion of pollution from shipping activities.
Included in the Agreement is a mechanism for the expedient notification
of cognizant enforcement officials, whether Canadian or U.S., which is
compatable with the rapid alerting system established in the Joint Canada/U.S.
Marine Pollution Contingency Plan.
Both the Canadian and U.S. Coast Guard have pre-designated specific
officials, called Pollution Prevention Officers and Captains of the Ports
v
respectively, who are strategically located throughout the Great Lakes.
These officials are charged with enforcement of pollution prevention regula-
tions, investigation of and removal action on all pollution incidents
reported from any source and the initiation of legal action for contro-
vention of pertinent legislation or regulations. A close liaison and
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EncTosure~(2
Attachment fa)
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exchange of information is maintained between the Canadian and United
States Coast Guard toward effective investigative and enforcement
activities.
The Agreement has been formally presented to the International Joint
*
Commission. Copies of applicable legislation and regulations have also
been deposited with the Commission.
While not included in the formal Agreement, incidents of pollution
observed by Canadian and U.S. Coast Guard surface vessels are also reported
in consonance with the Agreement.
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Report of Work Group 6
Contingency Plan
(reference Article V l(h) and Annex 8)
The Joint Canada - United States Marine Pollution Contingency Plan,
signed 20 June, 197^, provides for coordinated and integrated response to
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pollution incidents by federal, state, provincial and regional contingents
of both Parties. The Plan provides for pre-designated On-Scene-Commanders
and Deputy On-Scene-Commanders who coordinate the response activities to
spills and for a Joint Response Tean to provide advice and assistance to
the On-Scene-Commanders. It establishes alerting and notification proce-
dures, command structure, post clean-up requirements and arrangements for
assuming the responsibility for the cost of operations. The Plan replaced
the 1971 Joint U.S./Canadian Oil and Hazardous Materials Pollution Contingency
Plan for the Great Lakes Region.
It is the view of both the Canadian and U.S. Coast Guard that emergencies
in recent years, for vhich provisions of the Plan vere invoked and the Joint
Resource Team activated, resulted in prompt, direct and decisive action by
all concerned. The Canadian Coast Guard Bnergency Office in the Central
Region and the Marine Environmental Protection Branch in the office of
Commander, Ninth U.S. Coast Guard District enjoy a close and harmonious
v
relationship vhich has resulted not only in prompt invocation of the Plan
but frequent reviews and recommendations for change, communication exercises
and a frequently updated directory of cognizant personnel.
A copy of the Plan has been deposited vith the International Joint
Commission.
K.-VU-I -.','•
•»-IQ C--,,,; h : - " •- , •> 30
,,h,_;:; T,: , x, F ,. ;: Attachment (b) to Enclosure (2)
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