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
                                                
    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.
                                                            ^
    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
                                         
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
                                         
            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
                                     25

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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.
                                    26

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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.
                                     27

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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.
                                     28

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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





                                    29   .

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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

                                            

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
                                    28

                                                      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.
                                     29

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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

                                                                %
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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