GAC
Advisors for a Sustainable Future
U.S. Governmental Advisory Committee
Independent Federal Advisors
on the North American
Agreement on Environmental Cooperation
Chair
Jeffrey Wennberg
Tel. 802-793-5345
wennbergs@comcast.net
Designated Federal Officer
Oscar Carrillo
Tel. 202-564-2294
carrillo.oscar@epa.gov
December 22, 2010
Committee Members
Jeffrey Wennberg
Chair
Vermont
John Bernal
Arizona
James Brooks
Maine
Salud Carbajal
California
Kirk Cook
Washington
Karen Gallegos
New Mexico
Teri Goodmann
Iowa
Carlos Rubinstein
Texas
Carola Serrate
Texas
Octaviana Trujillo
Pascua Yaqui Tribe
Roger Vintze
California
Gerald Wagner
Blackfeet Tribe
The Honorable Lisa P. Jackson
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
Dear Administrator Jackson:
The Government Advisory Committee (GAC) to the U.S. Representative to the North
American Commission for Environmental Cooperation (CEC) held its thirty-forth meeting
on November 15,16 and 17 in New Orleans, Louisiana. The location and time of the
meeting was selected to allow the GAC and the National Advisory Committee (NAC) to
meet with the CEC's Joint Public Advisory Committee (JPAC).
On the afternoon of the 15th the NAC and GAC participated in a new members'
orientation session. This was the first meeting since many new members were appointed, so
an orientation program was offered prior to the start of the official meeting. I am pleased to
report that new member attendance at the orientation session was outstanding, and nearly all
reappointed members attended as well. The agenda, briefing materials, presentations and
discussion provided in the orientation session were excellent, enabling new members to
engage productively from the start. Special thanks are offered to Acting Director Cynthia
Jones-Jackson, Associate Director Mark Joyce, Associate Director Tim Sherer, and
NAC/GAC Designated Federal Officer Oscar Carrillo, and all of the Office of Federal
Advisory Committee Management and Outreach (OFACMO), for their presentations.
Thanks also go to Sylvia Correa, Senior Advisor for North America for the Office of
International and Tribal Affairs for her presentation at the session.
The GAC and NAC attended the JPAC's presentations and discussion on the 16th and
met in joint session with the JPAC on the morning of the 17th. JPAC Chair Glen Wright
graciously welcomed the U.S. advisory committees and expressed his appreciation for the
opportunity to meet in joint session. On the JPAC's agenda were presentations Greening the
North American Economy - one of the three Council priorities under the new Strategic Plan
- and a presentation on Transboundary Environmental Impact Assessment. GAC and NAC
members actively participated in the question and answer sessions and the joint session
discussions.
Informal comments among the new GAC members following the meeting were
universal in their praise for the opportunities to better understand the role of the GAC, the
NAAEC and the CEC offered by the orientation and the joint meeting with the JPAC. There
were also many comments expressing appreciation for the volume of information conveyed
and the efficiency with which the meetings were run.
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The charge questions posed to the GAC sought advice on potential CEC projects and
NAPECA grant opportunities within the three policy priorities under the strategic plan, and
sought comments on the draft 2011 Operational Plan. The draft Operational Plan has not
been completed so the attached advice focuses on project and grantee priorities. In addition,
advice is offered regarding potential supplemental funding for CEC activities and an
organizational recommendation for the NAC and GAC.
As always, we sincerely appreciate the participation from EPA's Office of International
and Tribal Affairs and the Office of Federal Advisory Committee Management and
Outreach. In addition to Sylvia Correa of OITA, Cynthia Jones-Jackson, Mark Joyce, Tim
Sherer, Oscar Carrillo, Stephanie McCoy and Lois Williams from OFACMO supported and
staffed our meeting.
In conclusion, we appreciate EPA's continued support of our role in advising the
United States Government on the enhancement of environmental conditions throughout
North America, and look forward to supporting your efforts in the future.
Sincerely,
Jeffrey N. Wennberg, Chair
Governmental Advisory Committee
cc: Michelle DePass, Assistant Administrator, EPA, Office of International & Tribal
Affairs (OITA)
Sylvia Correa, Senior Advisor for North America (OITA)
Cynthia Jones-Jackson, Acting-Director, Office of Federal Advisory Committee
Management & Outreach (OFACMO)
Oscar Carrillo, Designated Federal Officer (OFACMO)
Karen Chapman, Chair, U.S. National Advisory Committee
Irasema Coronado, Chair, Joint Public Advisory Committee
Members of the U.S. Governmental Advisory Committee
Members of the U.S. National Advisory Committee
Administrative support for the GAC is provided by the U.S. Environmental Protection Agency,
Office of Federal Advisory Committee Management & Outreach
Mail Code 1601-M, 1200 Pennsylvania Ave. NW Washington, D.C. 20460
(t) 202-564-2294 (f) 202-564-8129
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Governmental Advisory Committee (GAC)
to the U.S. Representative to the
Commission for Environmental Cooperation (CEC)
Advice 2010-1:
Project Ideas within the Three Priorities
The GAC applauds the Administrator's leadership to urge the Council to assume greater
control over the development of the Strategic and Operation Plans. The GAC has observed a
disconnection between Council priorities and Operational Plan elements in the past and offered
advice aimed at addressing it. By becoming more directly involved in the development of these
plans, the Council has the opportunity to ensure that the strategic priorities contained in the
Denver Declaration are translated into programs and activities at the CEC.
As a result, section four of the Strategic Plan restates these priorities and offers guidance
on their translation into programs. Section four also mentions the need for governance reforms to
enhance transparency and accountability and ensure alignment between the Council's priorities
and the Secretariat's activities. The three priorities for the next five years are:
1. Healthy Communities and Ecosystems
2. Climate Change - Low Carbon Economy
3. Greening the Economy in North America
To further these goals three of the four charge questions presented to the GAC's
consideration in our meeting dealt directly with these priorities:1
1) CEC Strategic Plan 2010-15: Do you have any new ideas on future projects that
the CEC could develop, related to the three priorities, i.e., 1) Healthy Communities
& Ecosystems, 2) Climate Change - Low Carbon Economy and 3) Greening the
Economy in North America?
3) NAPECA Grants: Do you know of any innovative environmental community
groups in North America that could benefit from a CEC grant. The CEC has
developed a set of criteria for selecting grantees for the NAPECA grants. Please
let us know what you think about these criteria. Does the criteria help further the
goals of the new CEC Strategic Plan and vision?
4) Greening the Economy: Based on your attendance at the JPAC workshop and
hearing the various presenters on green buildings & greening the supply chain,
please give us your advice on future projects on this CEC Council priority.
Since the NAPECA Grants are to be focused on addressing the three priorities, the GAC
saw charge questions numbers three and four as subsets of question number one. Regarding the
NAPECA Project Selection Criteria, the GAC supports all of the selection criteria as proposed.
1 Charge question number 2, dealing with the Draft Operational Plan, is not addressed because the Plan is
not yet available.
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The question offered under "For the Parties to Assess" is not as clearly stated as we would like.
The intent appears to be to seek programs offered by the CEC or by Canada, the U.S. or Mexico
(or one might assume states or provinces) which could also benefit the proposed project and the
communities it seeks to serve. If this is the case then the question could be rephrased to clarify
the intent; if not, then it should be rephrased as the intent is not understood.
Healthy Communities and Ecosystems
Make water quality projects a priority. Under the first priority of Healthy
Communities and Ecosystems, the GAC recommends that priority be given to projects and
grantees seeking to enhance water quality, including wetlands restoration and conservation
projects. The GAC is aware of the challenge of viewing such issues from a tri-lateral perspective;
however it is our view that real and significant progress on healthy communities and ecosystems
cannot be achieved without improving water quality. These challenges are often localized, but
creative solutions need not be. The CEC could examine the effectiveness of current and past
programs and identify resources needed to enable communities to successfully meet water
quality challenges.
NAPECA Grants would have to be directed through a uniform definition of water quality
for the purpose of matching the proposed projects to the healthy communities and ecosystems
priority and the broader mission of the CEC. This definition and any CEC programs developed
for this purpose should also recognize the difference between the municipal and tribal
perspectives on water quality. Municipalities and states see water quality as a means to an end,
such as improved public health or habitat restoration. Tribal nations perceive water resources
very differently. Clean water is not a commodity, it is life itself; water is sacred. CEC priorities
and efforts need to respect this perspective.
Examples of successful water quality projects that might qualify are as follows:
• Nogales, Arizona International Wastewater Treatment Plant: This project treats
sewage from both Mexico and the U.S. The treatment plant was recently
upgraded to a larger treatment capacity. Mexico retains the right to reclaim
treated effluent for beneficial use in their country however certain quantity of
treated effluent must remain in the Santa Cruz River to maintain the riparian
environment that has developed over the years from the continuous discharge of
treated effluent and the periodic conveyance of stormwater. Additional details
about this facility are available from the International Boundary and Water
Commission in El Paso, Texas.
• Ak Chin Native American Community near Casa Grande, Arizona: The upstream
wastewater treatment plant owners and operators, including Pima County,
Arizona, have provisions in their effluent discharge permits from the Arizona
Department of Environmental Quality that require recognition of the Ak Chin
concerns with treated effluent flowing into their community from discharges into
the Santa Cruz River. The Ak Chin has insisted that treated effluent discharged
into the Santa Cruz River not be allowed to reach their community, in spite of the
wastewater treatment plant operators adherence to applicable water quality
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standards. Ak Chin grows certain plants along the river that are used in religious
ceremonies and modifications to the natural river flows from introduction of
effluent are deemed unacceptable.
• Assessing ecological change in the Gulf Coast region: This project is
investigating the feasibility and benefit of integrating geospatial technology with
traditional ecological knowledge (TEK) of an indigenous LA coastal population
to assess the impacts of current and historical ecosystem change to community
viability, i.e. considerations of risk. This interdisciplinary project is led by a staff
member of UNO-PIES (Pontchartrain Institute for Environmental Studies) with
UNO-CHART as co-P.I. The primary goal is to provide resource managers with
an accurate, cost-effective, and comprehensive method of assessing ecological
change in the Gulf Coast region that can benefit community sustainability. Using
Remote Sensing (RS), Geographic Information Systems (GIS), and other
geospatial technologies integrated with a coastal community's TEK to achieve
this goal, our objectives are to determine (1) a method for producing a
vulnerability/sustainability index for an ecosystem-dependent livelihood base of
a coastal population that results from physical information derived from RS
imagery and supported by TEK, and (2) to demonstrate how such an approach
can engage both affected community residents and others who are interested in
healthy marshes to understand better marsh health and ways that marsh health
can be recognized, and the cause of declining marsh determined and improved.
Other partners include LA DNR and the Stennis Space Center.
http://chart.uno.edu/promo/tek.aspx
Examples of proposed projects that might qualify for NAPECA funding are as follows:
• Virginia Point Protection and Restoration Project in Galveston Bay: This project
will protect the rich and diverse habitats within the 1500 acre Virginia Point
Preserve from immediate, direct loss due to erosion, and potential future
degradation due to subsequent saltwater intrusion. The project would protect
much of the approximately 2 miles of exposed shoreline.
• Conservation of an Old Growth Forest Tract within the Columbia Bottomlands:
The proposed project is to acquire, conserve, and protect a forested old growth
wetlands tract in the Columbia Bottomlands Ecosystem on the Texas Gulf Coast.
The Larry Smith Tract is part of a 1,500 acre old growth forest area at the
headwaters of Bastrop Bayou in the Galveston Bay Estuary system. This forest
area is the only old growth forest tract remaining in the Galveston Bay system and
one of the only old growth areas remaining in the Columbia Bottomlands. The
Smith Tract project is part of a larger goal to conserve a unique and
internationally significant wetland forest ecosystem - The Columbia Bottomlands
on the Texas Gulf Coast. The Columbia Bottomlands has been identified as an
essential area for the survival of Nearctic-Neotropical migratory land birds. It is a
critical link in the migration of millions of songbirds as they cross the Gulf of
Mexico during spring migration and head north to nest across North America. It is
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also home to a great diversity of native resident plants and animals unique to the
area and the Gulf Coast.
• Lower Colorado River Basin Campaign to Eliminate Dumping: This project is
designed to conduct a public awareness campaign to educate the public about
problems associated with the improper disposal of solid waste and the impacts on
water quality. Funds will also be used to defray the costs associated with
community led clean-ups. Through this grant project, the LCRA will work with
counties, Council of Governments (COGS), local environmental organizations,
and citizens to minimize contamination of water quality due to improperly
disposed solid waste. Goals include working with local law enforcement and
elected officials to raise awareness of illegal dumping laws, increase enforcement,
and prevent continued illegal dumping. Existing outreach programs will be
enhanced through this initiative.
Consider cross-border waste management issues and opportunities.
Management of municipal waste is a challenge throughout North America, with special issues in
border regions. Improper and illegal waste disposal threatens both human health and ecosystems.
However, landfill siting is a serious challenge. For this and environmental reasons local officials
generally seek to promote aggressive recycling and waste reduction programs. Opportunities for
cross-border cooperation and joint solutions should be encouraged, and where innovative
programs have been successfully implemented case histories should be prepared and made
available to other communities seeking solutions.
Climate Change - Low Carbon Economy
The GAC applauds the current CEC efforts to address dissimilar or nonexistent protocols
for measuring historical and projected greenhouse gas (GHG) emissions. With or without
separate or linked national GHG emissions controls and price signals, there is a need to provide
multinational industries with consistent and clear standards across jurisdictions and guide
internal voluntary GHG emissions reductions strategies and progress.
The GAC recommends that the CEC expand this effort to explore opportunities to
harmonize measurement and reporting protocols and investigate technical challenges for
additional GHG reduction and sequestration policies being implemented at the sub-national level
in North America.
In the absence of national programs, the trend has been for regions of states and
provinces to undertake such programs on a sub-national basis. The U.S. Northeast's Regional
Greenhouse Gas Initiative (RGGI), the Western Climate Initiative (WCI) and the Midwest
Governor's Accord (Accord) are current examples. WCI and the Accord each include U.S. States
and Canadian Provinces, with WCI alone covering over 70 percent of the Canadian economy and
20 percent of the U.S. economy. WCI also includes the six Mexican border states as 'observers'.
So while none of these efforts is national, they are decidedly tri-national in their reach.
Carbon dioxide sequestration is another area where the CEC could play a key role in
convening international discussions aimed at harmonizing standards and measurement. The GAC
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believes that the CEC could play a key role in facilitating an international conversation on
terrestrial and geologic sequestration much in the manner now underway with measurement and
forecasting of emissions.
Greening the Economy in North America
The GAC appreciates the opportunity to meet with the JPAC and see and participate in
the presentations on the first day of the meeting. Of particular note is the presentation by Jumex,
which the GAC believes would serve as a great case study of the potential for creating a culture
of sustainability within a business and the economic benefits that can accrue. It is suggested that
a uniform set of materials be produced and made available showcasing this and similar success
stories from other business sectors for small to medium sized entities.
Our discussion of potential programs in this area focused on four major categories:
1. Construction waste management with emphasis on recycling and better
management of disposal of construction and demolition wastes.
2. Assessment of emerging energy technology employment opportunities and
training needs.
3. Comprehensive efforts to improve the movement of people and goods throughout
North America.
4. A continental approach to the management of electronic wastes, taking into
consideration our responsibility as the generators of the waste to prevent
irresponsible dumping in third world nations without the same health and
environmental protections.
The issue of waste management is also raised under healthy communities, but this
recommendation focuses on opportunities in the construction industry to enhance recycling of
materials from building demolition. Economics, a lack of nearby markets and the pressure of
construction deadlines often force a decision to dispose of valuable materials. Successful efforts
by the CEC to examine these obstacles and document solutions can help both developers and
contractors better assess their choices and their relative costs.
The emergence of the wind industry has created a demand for specialized skills in the
areas of design, construction, maintenance, operation and management of these generation
facilities. The training requirements for this new industry are just being understood and
responded to by schools, colleges and universities. The CEC, working with industry and
academia, could assess these needs and those of other emerging clean energy industries to
anticipate near-term demands for skilled workers and encourage the creation of training
programs to help meet that need.
The third priority area the GAC recommends is related to the foundation of the NAAEC
in trade. A nearly universal key to greening the North American economy would be to improve
the efficiency of the movement of people and goods. This is not only a border region priority, but
one that would look comprehensively at the movements of people and goods throughout the
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continent as a single system. Greater efficiency within this system will lead to reduced fuel use,
reduced pollution, improved travel times, and lower costs for producers and consumers.
The fourth priority recommendation for greening the economy is to harmonize
regulations and promote consumer awareness of the need to responsibly manage electronic
wastes. Better tracking of the fate of electronic waste materials is needed, ideally built upon a set
of tri-national standards for management, recycling and disposal.
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Governmental Advisory Committee (GAC)
to the U.S. Representative to the
Commission for Environmental Cooperation (CEC)
Advice 2010-2:
Supplemental Funding for CEC Activities
The GAC also discussed the issue of the limited funding of the CEC, especially given
that it has not been increased in 15 years and there is little prospect for the three governments to
propose an increase in the foreseeable future. The CEC relies heavily upon in-kind support from
environmental agencies in all three governments and this should continue and grow in the future
as the CEC responds more directly to the priorities set by the Council.
The Secretariat has also explored third party foundation support for specific programs
and initiatives, and the GAC believes this is an area with significant untapped potential. Other
strategic, program-focused partnerships with appropriate organizations have and will create
much needed leverage to amplify the benefits of limited CEC funding.
The GAC believes the CEC could also be a deserving beneficiary of Supplemental
Environmental Project (SEP) support, at least in the U.S. Environmental law violators are
sometimes offered the option of funding a project through an independent NGO or other third
party with the approval and oversight of the enforcement agency. Funding of appropriate SEP
independent environmental programs and activities is often used in addition to or in lieu of
financial penalties for these violations.
While this source of potential funding should be studied carefully before a decision is
made to accept it, many NGOs and communities have benefitted from the approach. The CEC's
program priorities and geographic scope suggest that good matches may be possible, and CEC
activities may prove to be attractive to violators seeking to ensure that their penalties will be
directed to supporting specific projects that measurably benefit the environment. Given the
nature of the CEC and differences between state SEP guidelines, the GAC recommends that only
U.S. federal SEPs be accepted.
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Governmental Advisory Committee (GAC)
to the U.S. Representative to the
Commission for Environmental Cooperation (CEC)
Advice 2010-3:
Creation of a Tribal Nations Standing Committee
The GAC considered the proposal for establishing a standing subcommittee of tribal
representatives to the NAC and the GAC. Given the recent reorganization of OIA into the Office
of International and Tribal Affairs and the appointment of new tribal representatives to the GAC
and the NAC, the GAC believes this idea has merit and should be supported. The precise role of
the standing committee would have to be worked out as there is no precedent for a cross-
NAC/GAC committee. The unique interests and concerns of tribal nations and the complex and
inconsistent legal status of tribes in the three countries cause the GAC to conclude that a Tribal
Nations standing committee could enhance the quality of both committees' recommendations in
the future.
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