On April 17, 1998, senior representatives of the U.S. Environmental Protection Agency (EPA), the Michigan Department of Environmental Quality (MDEQ), the Canadian Government and the Province of Ontario, met in Windsor, Ontario, to sign a Letter of Commitment on the clean up and restoration of certain rivers that are located between the United States and Canadian borders. The Letter of Commitment establishes a framework of roles and responsibilities for the implementation of shared Remedial Action Plans (RAPs) particularly for the Detroit River, the St. Clair River, and St. Mary's River.
The Letter of Commitment is the most recent example of the Canadian and U.S governments' efforts to work together to restore and enhance water quality in the Great Lakes. Past examples of agreements between the two governments include the Great Lakes Water Quality Agreements of 1972 and 1978 (GLWQA), which commits Canada and the U.S., in cooperation with state. local and provincial governments, to develop and implement RAPs for boundary waters. Also, in 1985, the State of Michigan and the Province of Ontario entered into a Letter of Intent, which establishes leadership roles for the development, but not the implementation, of RAPs for: the Detroit, St. Clair, and St. Mary's rivers.
Under the recent Letter of Commitment, the two Canadian agencies represented at the meeting have the primary responsibility for the administration of the shared activities for RAPs for the St. Mary's and St. Clair Rivers, and the two U.S. agencies have the primary responsibility for the administration of the shared activities for the Detroit River RAP. The Letter of Commitment states that the four agencies are to identify a contact/liaison for each of these shared rivers. The Letter of Commitment also recognizes that the four agencies may contribute funds or other resources, either separately or within partnerships, in support of the implementation of the RAPs for the shared rivers. In addition, the Letter of Commitment requires the four agencies to prepare joint submit progress reports, developed in conjunction with local stakeholders, that would be submitted biennially to both the International Joint Commission and the public.
Also, the four agencies are collectively responsible for ensuring that public and stakeholder involvement are an integral part of the clean up and restoration process of the shared rivers. The Letter of Commitment encourages the agencies to take a leadership role in celebrating the implementation successes, including formally recognizing the contribution towards implementation of the RAPs by volunteers or other participants.
Notably, the Letter of Commitment reflects the firm commitment of the four agencies only, and does not create any legal obligations of the Canadian or U.S. governments. This means that no additional government approval or ratification of the agreement would be required. It also means, however, that there are no enforcement mechanisms available if either of the parties fails to cooperate with the terms of the agreement.
This article was prepared by Daniella D. Landers, an associate in our Environmental Department, and previously appeared in the May, 1998 edition of the Michigan Environmental Compliance Update, a monthly newsletter prepared by the Environmental Department and published by M. Lee Smith Publishers.