Levin-Voinovich Great Lakes Legacy Act Approved by Senate

WASHINGTON – Great Lakes Task Force Co-Chairmen Senators Carl Levin (D-MI) and George V. Voinovich (R-OH) today announced Senate passage on Thursday of the bipartisan Great Lakes Legacy Act of 2008. The bill, aimed at cleaning up contaminated sediment in the Great Lakes Areas of Concern (AOCs), expands on legislation passed six years ago that has successfully removed nearly 800,000 cubic yards of contaminated sediments from U.S. waters.

“The Great Lakes Legacy Act has helped us make significant progress in cleaning up the Great Lakes,” said Sen. Levin. “The Great Lakes are home to a $5 billion fishery industry and supply tens of millions of people with drinking water, making it critically important that we continue our efforts to clean up contaminated sediments and preserve this incredible natural resource for future generations.”

“As co-chair of the Senate Great Lakes Task Force, I am focused on working with the Great Lakes delegation to advance restoration efforts in this critical region,” Sen. Voinovich said. “This passage of this bill is wonderful news as it will provide the Environmental Protection Agency with the tools and resources needed to remove contaminated sediment and clean up Ohio’s Areas of Concern, including the Maumee, Black, Cuyahoga and Ashtabula Rivers. The Legacy program is a vital piece of the comprehensive strategy that is absolutely necessary to protect the Great Lakes for generations to come.”

The Great Lakes Legacy Act of 2008 focuses on AOCs in the Great Lakes. Forty-three AOCs have been identified in the Great Lakes: 26 located entirely within the United States and five that are shared by the U.S. and Canada. The Legacy Act would address those sites that are located either wholly or partially in U.S. waters.

These sites do not meet the water quality goals established by the U.S. and Canada in the Great Lakes Water Quality Agreement, mainly because of contaminated sediments from historic industrial activity. This contamination results in several detrimental consequences including fish advisories, degradation of fish and wildlife populations, taste and odor problems with drinking water, beach closures and bird and animal deformities or reproductive problems.

The Great Lakes Legacy Act of 2008 would authorize $54 million annually for two years for the clean-up of AOCs in the Great Lakes as well as for research into innovative cleanup technology and public education. The legislation also gives the Environmental Protection Agency (EPA) greater flexibility to manage funds. Under this bill, eligible projects would be expanded to include habitat restoration because many AOCs cannot be delisted until habitat restoration work is done.

The Great Lakes Legacy Act of 2002 contributed significantly in the effort to clean up AOCs in the Great Lakes. Almost 800,000 cubic yards of contaminated sediments have been removed since the program’s creation. This material has been safely removed from riverbeds so that it no longer poses a threat to human and wildlife health.

The cosponsors of the Senate companion bill are Senators Debbie Stabenow, D-Mich., Sherrod Brown, D-Ohio, Robert Casey, D-Penn., Hillary Clinton, D-N.Y., Norm Coleman, R-Minn., Dick Durbin, D-Ill., Amy Klobuchar, D-Minn., Barack Obama, D-Ill. and Charles Schumer, D-N.Y. The bill must return to the House for consideration. Additional legislation is expected in the next session of Congress to address additional recommendations of the Great Lakes Regional Collaboration.

Summary of Great Lakes Legacy Act of 2008

• Allows the use of Legacy Act funds for the restoration of aquatic habitat restoration at sites where contaminated sediment has occurred;
• Requires the federal government to pay for the initial site characterization which must be done before cleanup can begin;
• Maximizes the leverage and use of non-Federal contributions to remediation projects from non-Federal sponsors, including potentially responsible parties;
• Extends the life of appropriated Legacy Act funding beyond two years;
• Reduces the cost-share requirement for sediment remediation projects at ‘orphan sites’ -- where no viable responsibility party can be identified; and,
• Strikes the ‘maintenance of effort’ language from the original law which had unintended consequences and forced states to spend money needlessly.