Treaties and Agreements

About the Great Lakes Water Quality Agreement

The Agreement, first signed in 1972 and renewed in 1978, expresses the commitment of each country to restore and maintain the chemical, physical and biological integrity of the Great Lakes Basin Ecosystem and includes a number of objectives and guidelines to achieve these goals. It reaffirms the rights and obligation of Canada and the United States under the Boundary Waters Treaty and has become a major focus of Commission activity.

In 1987, a Protocol was signed amending the 1978 Agreement. The amendments aim to strengthen the programs, practices and technology described in the 1978 Agreement and to increase accountability for their implementation. Timetables are set for implementation of specific programs.

The Parties will meet biennially to discuss progress and report periodically to the Commission. New annexes address atmospheric deposition of toxic pollutants, contaminated sediments, groundwater, and nonpoint sources of pollution. Annexes are also added to incorporate the development and implementation of remedial action plans for Areas of Concern and lakewide management plans to control critical pollutants.

The Commission monitors and assesses progress under the Agreement and advises Governments on matters related to the quality of the boundary waters of the Great Lakes system. The Agreement also calls upon the Commission to assist the Governments with joint programs under the Agreement, and provides for two binational boards -- the Great Lakes Water Quality Board and the Great Lakes Science Advisory Board -- to advise the Commission.

Revised

Great Lakes Water Quality Agreement of 1978

Agreement, with Annexes and Terms of Reference, between the United States and Canada signed at Ottawa November 22, 1978 and
Phosphorus Load Reduction Supplement signed October 16, 1983

as amended by Protocol signed November 18, 1987

Office Consolidation

INTERNATIONAL JOINT COMMISSION UNITED STATES AND CANADA

September, 1989

• Protocol amending the 1978 agreement between the United States of America and Canada on Great Lakes water quality, as amended on October 16, 1983
  
  
• Agreement between Canada and the United States of America on Great Lakes quality, 1978

PROTOCOL AMENDING THE 1978 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CANADA ON GREAT LAKES WATER QUALITY, AS AMENDED ON OCTOBER 16, 1983

The Government of the United States of America and the Government of Canada,

REAFFIRMING their commitment to achieving the purpose and objectives of the 1978 Agreement between the United States of America and Canada on Great Lakes Water Quality, as amended on October 16, 1983;

HAVING developed and implemented cooperative programs and measures to achieve such purpose and objectives;

RECOGNIZING the need for strengthened efforts to address the continuing contamination of the Great Lakes Basin Ecosystem, particularly by persistent toxic substances;

ACKNOWLEDGING that many of these toxic substances enter the Great Lakes System from air, from ground water infiltration, from sediments in the Lakes and from the runoff of non-point sources;

AWARE that further research and program development is now required to enable effective actions to be taken to address the continuing contamination of the Great Lakes;

DETERMINED to improve management processes for achieving Agreement objectives and to demonstrate firm leadership in the implementation of control measures;

Have agreed as follows:

AGREEMENT BETWEEN CANADA AND THE UNITED STATES OF AMERICA ON GREAT LAKES QUALITY, 1978

The Government of Canada and the Government of the United States of America,

HAVING in 1972 and 1978 entered into Agreements on Great Lakes Water Quality;

REAFFIRMING their determination to restore and enhance water quality in the Great Lakes System;

CONTINUING to be concerned about the impairment of water quality on each side of the boundary to an extent that is causing injury to health and property on the other side, as described by the International Joint Commission;

REAFFIRMING their intent to prevent further pollution of the Great Lakes Basin Ecosystem owing to continuing population growth, resource development and increasing use of water;

REAFFIRMING in a spirit of friendship and cooperation the rights and obligations of both countries under the Boundary Waters Treaty, signed on January 11, 1909, and in particular their obligation not to pollute boundary waters;

CONTINUING to recognize that right of each country in the use of the Great Lakes waters;

HAVING decided that the Great Lakes Water Quality Agreements of 1972 and 1978 and subsequent reports of the International Joint Commission provide a sound basis for new and more effective cooperative actions to restore and enhance water quality in the Great Lakes Basin Ecosystem;

RECOGNIZING that restoration and enhancement of the boundary waters cannot be achieved independently of other parts of the Great Lakes Basin Ecosystem with which these waters interact;

CONCLUDING that the best means to preserve the aquatic ecosystem and achieve improved water quality throughout the Great Lakes System is by adopting common objectives, developing and implementing cooperative programs and other measures, and assigning special responsibilities and functions to the International Joint Commission;

Have agreed as follows:

As used in this Agreement:

(a)	"Agreement" means the present Agreement as distinguished from the Great Lakes Water Quality Agreement of April 15, 1972;
(b)	"Annex" means any of the Annexes to this Agreement, each of which is attached to and forms and integral part of this Agreement;
(c)	"Boundary waters of the Great Lakes System" or "boundary waters" means boundary waters, as defined in the Boundary Waters Treaty, that are within the Great Lakes System;
(d)	"Boundary Waters Treaty" means the Treaty between the United States and Great Britain Relating to Boundary Waters, and Questions Arising Between the United States and Canada, signed at Washington on January 11, 1909;
(e)	"Compatible regulations" means regulations no less restrictive than the agreed principles set out in this Agreement;
(f)	"General Objectives" are broad descriptions of water quality conditions consistent with the protection of the beneficial uses and the level of environmental quality which the Parties desire to secure and which will provide overall water management guidance;
(g)	"Great Lakes Basin Ecosystem" means the interacting components of air, land, water and living organisms, including humans, within the drainage basin of the St. Lawrence River at or upstream from the point at which this river becomes the international boundary between Canada and the United States;
(h)	"Great Lakes System" means all of the streams river, lakes and other bodies of water that are within the drainage basin on the St. Lawrence River at or upstream from the point at which this river becomes the international boundary between Canada and the United States;
(i)	"Harmful quantity" means any quantity of a substance that if discharged into receiving water would be inconsistent with the achievement of the General and Specific Objectives;
(j)	"Hazardous polluting substance" means any element or compound identified by the Parties which, if discharged in any quantity into or upon receiving waters or adjoining shorelines, would present an imminent and substantial danger to public health or welfare; for this purpose, "public health or welfare" encompasses all factors affecting the health and welfare of humans including but not limited to human health, and conservation and protection of flora and fauna, public and private property, shorelines and beaches;
(k)	"International Joint Commission" or "Commission" means the International Joint Commission established by the Boundary Waters Treaty;
(l)	"Monitoring" means a scientifically designed system of continuing standardized measurements and observations and the evaluation thereof;
(m)	"Objectives" means the General Objectives adopted pursuant to Article III and the Specific Objectives adopted pursuant to Article IV of this Agreement;
(n)	"Parties" means the Government of Canada and the Government of the United States of America;
(o)	"Phosphorus" means the element phosphorus present as a constituent of various organic and inorganic complexes and compounds;
(p)	"Research" means development, interpretation and demonstration of advanced scientific knowledge for the resolution of issues but does not include monitoring and surveillance of water or air quality;
(q)	"Science Advisory Board" means the Great Lakes Science Advisory Board of the International Joint Commission established pursuant to Article VIII of this Agreement;
(r)	"Specific Objectives" means the concentration or quantity of a substance or level of effect that the Parties agree, after investigation, to recognize as a maximum or minimum desired limit for a defined body of water or portion thereof, taking into account the beneficial uses or level of environmental quality which the Parties desire to secure and protect;
(s)	"State and Provincial Governments" means the Governments of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Wisconsin, and the Commonwealth of Pennsylvania, and the Government of the Province of Ontario;
(t)	"Surveillance" means specific observations and measurements relative to control or management;
(u)	"Terms of Reference" means the Terms of Reference for the Joint Institutions and the Great Lakes Regional Office established pursuant to this Agreement, which are attached to and form an integral part of this Agreement;
(v)	"Toxic substance" means a substance which can cause death, disease, behavioural abnormalities, cancer, genetic mutations, physiological or reproductive malfunctions or physical deformities in any organism or its offspring, or which can become poisonous after concentration in the food chain or in combination with other substances;
(w)	"Tributary waters of the Great Lakes System" or "tributary waters" means all the waters within the Great Lakes System that are not boundary waters;
(x)	"Water Quality Board" means the Great Lakes Water Quality Board of the International Joint Commission established pursuant to Article VIII of this Agreement.

The purpose of the Parties is to restore and maintain the chemical, physical, and biological integrity of the waters of the Great Lakes Basin Ecosystem. In order to achieve this purpose, the Parties agree to make a maximum effort to develop programs, practices and technology necessary for a better understanding of the Great Lakes Basin Ecosystem and to eliminate or reduce to the maximum extent practicable the discharge of pollutants into the Great Lakes System.

Consistent with the provisions of this Agreement, it is the policy of the Parties that:

(a)	The discharge of toxic substances in toxic amounts be prohibited and the discharge of any or all persistent toxic substances be virtually eliminated;
(b)	Financial assistance to construct publicly owned waste treatment works be provided by a combination of local, state, provincial, and federal participation; and
(c)	Coordinated planning processes and best management practices be developed and implemented by the respective jurisdictions to ensure adequate control of all sources of pollutants.

The Parties adopt the following General Objectives for the Great Lakes System. These waters should be:

(a)	Free from substances that directly or indirectly enter the waters as a result of human activity and that will settle to form putrescent or otherwise objectionable sludge deposits, or that will adversely affect aquatic life or waterfowl;
(b)	Free from floating materials such as debris, oil, scum, and other immiscible substances resulting from human activities in amounts that are unsightly or deleterious;
(c)	Free from materials and heat directly or indirectly entering the water as a result of human activity that alone, or in combination with other materials, will produce colour, odour, taste, or other conditions in such a degree as to interfere with beneficial uses;
(d)	Free from materials and heat directly or indirectly entering the water as a result of human activity that alone, or in combination with other materials, will produce conditions that are toxic or harmful to human, animal, or aquatic life; and
(e)	Free from nutrients directly or indirectly entering the waters as a result of human activity in amounts that create growths of aquatic life that interfere with beneficial uses.

1.	The Parties adopt the Specific Objectives for the boundary waters of the Great Lakes System as set forth in Annex 1, subject to the following: (a) The Specific Objectives adopted pursuant to this Article represent the minimum levels of water quality desired in the boundary waters of the Great Lakes System and are not intended to preclude the establishment of more stringent requirements. (b) The determination of the achievement of Specific Objectives shall be based on statistically valid sampling data. (c) Notwithstanding the adoption of Specific Objectives, all reasonable and practicable measures shall be taken to maintain or improve the existing water quality in those areas of the boundary waters of the Great Lakes System where such water quality is better than that prescribed by the Specific Objectives, and in those areas having outstanding natural resource value. (d) The responsible regulatory agencies shall not consider flow augmentation as a substitute for adequate treatment to meet the Specific Objectives. (e) The Parties recognize that in certain areas of inshore waters natural phenomena exist which, despite the best efforts of the Parties, will prevent the achievement of some of the Specific Objectives. As early as possible, these areas should be identified explicitly by the appropriate jurisdictions and reported to the International Joint Commission. (f) The Parties recognize that there are areas in the boundary waters of the Great Lakes System where, due to human activity, one or more of the General or Specific Objectives of the Agreement are not being met. Pending virtual elimination of the persistent toxic substances in the Great Lakes System, the Parties, in cooperation with the State and Provincial Governments and the Commission, shall identify and work toward the elimination of: (i) Areas of Concern pursuant to Annex 2; (ii) Critical Pollutants pursuant to Annex 2; and (iii) Point Source Impact Zones pursuant to Annex 2.
2.	The Specific Objectives for the boundary waters of the Great Lakes System or for particular portions thereof shall be kept under review by the Parties and the International Joint Commission, which shall make appropriate recommendations.
3.	The Parties shall consult on: (a) The establishment of Specific Objectives to protect beneficial uses from the combined effects of pollutants; and (b) The control of pollutant loading rates for each lake basin to protect the integrity of the ecosystem over the long term.

1.

Water quality standards and other regulatory requirements of the Parties shall be consistent with the achievement of the General and Specific Objectives. The Parties shall use their best efforts to ensure that water quality standards and other regulatory requirements of the State and Provincial Government shall similarly be consistent with the achievement of these Objectives. Flow augmentation shall not be considered as a substitute for adequate treatment to meet water quality standards or other regulatory requirements.

2.

The Parties shall use their best efforts to ensure that: (a) The principal research funding agencies in both countries orient the research programs of their organizations in response to research priorities identified by the Science Advisory Board and recommended by the Commission; (b) Mechanisms be developed for appropriate cost-effective international cooperation; and (c) Research priorities are undertaken in accordance with Annex 17.

1.

The Parties, in cooperation with State and Provincial Governments, shall continue to develop and implement programs and other measures to fulfil the purpose of this Agreement and to meet the General and Specific Objectives. Where present treatment is inadequate to meet the General and Specific Objectives, additional treatment shall be required. The programs and measures shall include the following: (a) Pollution from Municipal Sources. Programs for the abatement, control and prevention of municipal discharges and urban drainage into the Great Lakes System. These programs shall be completed and in operation as soon as practicable, and in the case of municipal sewage treatment facilities no later than December 31, 1982. These programs shall include: (i) Construction and operation of waste treatment facilities in all municipalities having sewer systems to provide levels of treatment consistent with the achievement of phosphorus requirements and the General and Specific Objectives, taking into account the effects of waste from other sources; (ii) Provision of financial resources to ensure prompt construction of needed facilities; (iii) Establishment of requirements for construction and operating standards for facilities; (iv) Establishment of pre-treatment requirements for all industrial plants discharging waste into publicly owned treatment works where such industrial wastes are not amenable to adequate treatment or removal using conventional municipal treatment processes; (v) Development and implementation of practical programs for reducing pollution from storm, sanitary, and combined sewer discharges; and (vi) Establishment of effective enforcement programs to ensure that the above pollution abatement requirements are fully met; (b) Pollution from Industrial Sources. Programs for the abatement, control and prevention of pollution from industrial sources entering the Great Lakes System. These programs shall be completed and in operation as soon as practicable and in any case no later than December 31, 1983, and shall include: (i) Establishment of water treatment or control requirements expressed as effluent limitations (concentrations and/or loading limits for specific pollutants where possible) for all industrial plants, including power generating facilities, to provide levels of treatment or reduction or elimination of inputs of substances and effects consistent with the achievement of the General and Specific Objectives and other control requirements, taking into account the effects of waste from other sources; (ii) Requirements for the substantial elimination of discharges into the Great Lakes System of persistent toxic substances; (iii) Requirements for control of thermal discharges; (iv) Measures to control the discharges of radioactive materials into the Great Lakes System; (v) Requirements to minimize adverse environmental impacts of water intakes; (vi) Development and implementation of programs to meet industrial pre-treatment requirements as specified under sub-paragraph (a) (iv) above; and (vii) Establishment of effective enforcement programs to ensure the above pollution abatement requirements are fully met; (c) Inventory of Pollution Abatement Requirements. Preparation of an inventory of pollution abatement requirements for all municipal and industrial facilities discharging into the Great Lakes System in order to gauge progress toward the earliest practicable completion and operation of the programs listed in sub-paragraphs (a) and (b) above. This inventory, prepared and revised annually, shall include compliance schedules and status of compliance with monitoring and effluent restrictions, and shall be made available to the International Joint Commission and to the public. In the initial preparation of this inventory, priority shall be given to the problem areas previously identified by the Water Quality Board; (d) Eutrophication. Programs and measures for the reduction and control of inputs of phosphorus and other nutrients, in accordance with the provisions of Annex 3 (e) Pollution from Agriculture, Forestry, and Other Land Use Activities. Measures for the abatement and control of pollution from agriculture, forestry and other land use activities including: (i) Measures for the control of pest control products used in the Great Lakes Basin to ensure that pest control products likely to have long term deleterious effects on the quality of water or its biota be used only as authorized by the responsible regulatory agencies; that inventories of pest control products used in the Great Lakes Basin be established and maintained by appropriate agencies; and that research and educational programs be strengthened to facilitate integration of cultural, biological and chemical pest control techniques; (ii) Measures for the abatement and control of pollution from animal husbandry operations, including encouragement to appropriate agencies to adopt policies and regulations regarding utilization of animal wastes, and site selection and disposal of liquid and solid wastes, and to strengthen educational and technical assistance programs to enable farmers to establish waste utilization, handling and disposal systems; (iii) Measures governing the hauling and disposal of liquid and solid wastes, including encouragement to appropriate regulatory agencies to ensure proper location, design and regulation governing land disposal, and to ensure sufficient, adequately trained technical and administrative capability to review plans and to supervise and monitor systems for application of wastes on land; (iv) Measures to review and supervise road salting practices and salt storage to ensure optimum use of salt and all-weather protection of salt stores in consideration of long-term environmental impact; (v) Measures to control soil losses from urban and suburban as well as rural areas; (vi) Measures to encourage and facilitate improvements in land use planning and management programs to take account of impacts on Great Lakes water quality; (vii) Other advisory programs and measures to abate and control inputs of nutrients, toxic substances and sediments from agricultural, forestry and other land use activities; (viii) Consideration of future recommendations from the International Joint Commission based on the Pollution from Land Use Activities Reference; and (ix) Conduct further non-point source programs in accordance with Annex 13; (f) Pollution from Shipping Activities. Measures for the abatement and control of pollution from shipping sources, including: (i) Programs and compatible regulations to prevent discharges of harmful quantities of oil and hazardous polluting substances, in accordance with Annex 4; (ii) Compatible regulations for the control of discharges of vessel wastes, in accordance with Annex 5; (iii) Such compatible regulations to abate and control pollution from shipping sources as may be deemed desirable in the light of continuing reviews and studies to be undertaken in accordance with Annex 6; (iv) Programs and any necessary compatible regulations in accordance with Annexes 4 and 5, for the safe and efficient handling of shipboard generated wastes, including oil, hazardous polluting substances, garbage, waste water and sewage, and for their subsequent disposal, including the type and quantity of reception facilities and, if applicable, treatment standards; and (v) Establishment by the Canadian Coast Guard and the United States Coast Guard of a coordinated system for aerial and surface surveillance for the purpose of enforcement of regulations and the early identification, abatement and clean-up of spills of oil, hazardous polluting substances, or other pollution; (g) Pollution from Dredging Activities. Measures for the abatement and control of pollution from all dredging activities, including the development of criteria for the identification of polluted sediments and compatible programs for disposal of polluted dredged material, in accordance with Annex 7. Pending the development of compatible criteria and programs, dredging operations shall be conducted in a manner that will minimize adverse effects on the environment; (h) Pollution from Onshore and Offshore Facilities. Measures for the abatement and control of pollution from onshore and offshore facilities, including programs and compatible regulations for the prevention of discharges of harmful quantities of oil and hazardous polluting substances, in accordance with Annex 8; (i) Contingency Plan. Maintenance of a joint contingency plan for use in the event of a discharge or the imminent threat of a discharge of oil or hazardous polluting substances, in accordance with Annex 9; (j) Hazardous Polluting Substances. Implementation of Annex 10 concerning hazardous polluting substances. The Parties shall further consult from time to time for the purpose of revising the list of hazardous polluting substances and of identifying harmful quantities of these substances; (k) Persistent Toxic Substances. Measures for the control of inputs of persistent toxic substances including control programs for their production, use, distribution and disposal, in accordance with Annex 12; (l) Airborne Toxic Substances. Programs to identify pollutant sources and relative source contribution, including the more accurate definition of wet and dry deposition rates, for those substances which may have significant adverse effects on environmental quality including the indirect effects of impairment of tributary water quality through atmospheric deposition in drainage basins. In cases where significant contributions to Great Lakes pollution from atmospheric sources are identified, the Parties agree to consult on appropriate remedial programs. The Parties shall conduct such programs in accordance with Annex 15; (m) Surveillance and Monitoring. Implementation of a coordinated surveillance and monitoring program in the Great Lakes System, in accordance with Annex 11, to assess compliance with pollution control requirements and achievement of the Objectives, to provide information for measuring local and whole lake response to control measures, and to identify emerging problems. (n) Remedial Action Plans. Measures to ensure the development and implementation of Remedial Action Plans for Areas of Concern pursuant to Annex 2; (o) Lakewide Management Plans. Measures to ensure the development and implementation of Lakewide Management Plans to address Critical Pollutants pursuant to Annex 2. (p) Pollution from Contaminated Sediments. Measures for the abatement and control of pollution from all contaminated sediments, including the development of chemical and biological criteria for assessing the significance of the relative contamination arising from the sediments and compatible programs for remedial action for polluted sediments in accordance with Annex 14; and (q) Pollution from Contaminated Groundwater and Subsurface Sources. Programs for the assessment and control of contaminated groundwater and subsurface sources entering the boundary waters of the Great Lakes System pursuant to Annex 16.

2.

The Parties shall develop and implement such additional programs as they jointly decide are necessary and desirable to fulfil the purpose of this Agreement and to meet the General and Specific Objectives.The Parties shall develop and implement such additional programs as they jointly decide are necessary and desirable to fulfil the purpose of this Agreement and to meet the General and Specific Objectives.

1.	The International Joint Commission shall assist in the implementation of this Agreement. Accordingly, the Commission is hereby given, by a Reference pursuant to Article IX of the Boundary Waters Treaty, the following responsibilities: (a) Collation, analysis and dissemination of data and information supplied by the Parties and State and Provincial Governments relating to the quality of the boundary waters of the Great Lakes System and to pollution that enters the boundary waters from tributary waters and other sources; (b) Collection, analysis and dissemination of data and information concerning the General and Specific Objectives and the operation and effectiveness of the programs and other measures established pursuant to this Agreement; (c) Tendering of advice and recommendations to the Parties and to the State and Provincial Governments on problems of and matters related to the quality of the boundary waters of the Great Lakes System including specific recommendations concerning the General and Specific Objectives, legislation, standards and other regulatory requirements, programs and other measures, and intergovernmental agreements relating to the quality of these waters; (d) Tendering of advice and recommendations to the Parties in connection with matters covered under the Annexes to this Agreement; (e) Provision of assistance in the coordination of the joint activities envisaged by this Agreement; (f) Provision of assistance in and advice on matters related to research in the Great Lakes Basin Ecosystem, including identification of objectives for research activities, tendering of advice and recommendations concerning research to the Parties and to the State and Provincial Governments, and dissemination of information concerning research to interested persons and agencies; (g) Investigations of such subjects related to the Great Lakes Basin Ecosystem as the Parties may from time to time refer to it.
2.	In the discharge of its responsibilities under this Reference, the Commission may exercise all of the powers conferred upon it by the Boundary Waters Treaty and by any legislation passed pursuant thereto including the power to conduct public hearings and to compel the testimony of witnesses and the production of documents.
3.	The Commission shall make a full report to the Parties and to the State and Provincial Governments no less frequently than biennially concerning progress toward the achievement of the General and Specific Objectives including, as appropriate, matters related to Annexes to this Agreement. This report shall include an assessment of the effectiveness of the programs and other measures undertaken pursuant to this Agreement, and advice and recommendations. In alternate years, the Commission may submit a summary report. The Commission may at any time make special reports to the Parties, to the State and Provincial Governments and to the public concerning any problem of water quality in the Great Lakes System.
4.	The Commission may in its discretion publish any report, statement or other document prepared by it in the discharge of its functions under this Reference.
5.	The Commission shall have authority to verify independently the data and other information submitted by the Parties and by the State and Provincial Governments through such tests or other means as appear appropriate to it, consistent with the Boundary Waters Treaty and with applicable legislation.
6.	The Commission shall carry out its responsibilities under the Reference utilizing principally the services of the Water Quality Board and the Science Advisory Board established under Article VIII of this Agreement. The Commission shall also ensure liaison and coordination between the institutions established under this Agreement and other institutions which may address concerns relevant to the Great Lakes Basin Ecosystem, including both those within its purview, such as those Boards related to the Great Lakes levels and air pollution matters, and other international bodies as appropriate.

1.	To assist the International Joint Commission in the exercise of the powers and responsibilities assigned to it under this Agreement, there shall be two Boards: (a) A Great Lakes Water Quality Board which shall be the principal advisor to the Commission. The Board shall be composed of an equal number of members from Canada and the United States, including representatives from the Parties and each of the State and Provincial Governments; and (b) A Great Lakes Science Advisory Board shall provide advice on research to the Commission and to the Water Quality Board. The Board shall further provide advice on scientific matters referred to it by the Commission, or by the Water Quality Board in consultation with the Commission. The Science Advisory Board shall consist of managers of Great Lakes research programs and recognized experts on Great Lakes water quality problems and related fields.
2.	The members of the Water Quality Board and the Science Advisory Board shall be appointed by the Commission after consultation with the appropriate government or governments concerned. The functions of the Boards shall be as specified in the terms of Reference appended to this Agreement.
3.	To provide administrative support and technical assistance to the two Boards, and to provide information service for the programs, including public hearings, undertaken by the International Joint Commission and by the Boards, there shall be a Great Lakes Regional Office of the International Joint Commission. Specific duties and organization of the Office shall be as specified in the Terms of Reference appended to this Agreement.
4.	The Commission shall submit an annual budget of anticipated expenses to be incurred in carrying out its responsibilities under this Agreement to the Parties for approval. Each Party shall seek funds to pay one-half of the annual budget so approved, but neither Party shall be under an obligation to pay a larger amount than the other toward this budget.

1.	The International Joint Commission shall be given at its request any data or other information relating to water quality in the Great Lakes System in accordance with procedures established by the Commission.
2.	The Commission shall make available to the Parties and to the State and Provincial Governments upon request all data or other information furnished to it in accordance with the Article.
3.	Each Party shall make available to the other at its request any data or other information in its control relating to water quality in the Great Lakes System.
4.	Notwithstanding any other provision of this Agreement, the Commission shall not release without the consent of the owner any information identified as proprietary information under the law of the place where such information has been acquired.

1.	Following the receipt of each report submitted to the Parties by the International Joint Commission in accordance with paragraph 3 of Article VII of this Agreement, the Parties shall consult on the recommendations contained in such report and shall consider such action as may be appropriate, including: (a) The modification of existing Objectives and the adoption of new Objectives; (b) The modification or improvement of programs and joint measures; and (c) The amendment of this Agreement or any Annex thereto.
	Additional consultations may be held at the request of either Party on any matter arising out of the implementation of this Agreement.
2.	When a Party becomes aware of a special pollution problem that is of joint concern and requires an immediate response, it shall notify and consult the other Party forthwith about appropriate remedial action.
3.	The Parties, in cooperation with State and Provincial Governments, shall meet twice a year to coordinate their respective work plans with regard to the implementation of this Agreement and to evaluate progress made.
4.	The Parties shall conduct a comprehensive review of the operation and effectiveness of this Agreement following every third biennial report of the Commission required under Article VII of this Agreement.

1.

The obligations undertaken in this Agreement shall be subject to the appropriation of funds in accordance with the constitutional procedures of the Parties.

2.

The Parties commit themselves to seek: (a) The appropriation of funds required to implement this Agreement, including the funds needed to develop and implement the programs and other measures provided for in Article VI of this Agreement, and the funds required by the International Joint Commission to carry out its responsibilities effectively; (b) The enactment of any additional legislation that may be necessary in order to implement the programs and other measures provided for in Article VI of this Agreement; and (c) The cooperation of the State and Provincial Governments in all matters relating to this Agreement.

Nothing in this Agreement shall be deemed to diminish the rights and obligations of the Parties as set forth in the Boundary Waters Treaty.

1.

This Agreement, the Annexes, and the Terms of Reference may be amended by agreement of the Parties. The Annexes may also be amended as provided therein, subject to the requirement that such amendments shall be within the scope of this Agreement. All such amendments to the Annexes shall be confirmed by an exchange of notes or letters between the Parties through diplomatic channels which shall specify the effective date or dates of such amendments.

2.

All amendments to this Agreement, the Annexes, and the Terms of Reference shall be communicated promptly to the International Joint Commission.

This Agreement shall enter into force upon signature by the duly authorized representatives of the Parties, and shall remain in force for a period of five years and thereafter until terminated upon twelve months' notice given in writing by one of the Parties to the other.

This Agreement supersedes the Great Lakes Water Quality Agreement of April 15, 1972, and shall be referred to as the "Great Lakes Water Quality Agreement of 1978".

IN WITNESS WHEREOF the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement.

DONE in duplicate at Ottawa in the English and French languages, both versions being equally authentic, this 22nd day of November 1978.

EN FOI DE QUOI, les représentants soussignées, dûment autorisés par leur Gouvernement respectif, ont signé le présent Accord.

FAIT en double exemplaire à Ottawa en français et en anglais, chaque version faisant également foi, ce 22e jour de novembre 1978.

These Objectives are based on available information on cause/effect relationships between pollutants and receptors to protect the recognized most sensitive use in all waters. These Objectives may be amended, or new Objectives may be added, by mutual consent of the Parties.

I. CHEMICAL

A.	Persistent Toxic Substances 1. Organic (a) Pesticides Aldrin/Dieldrin The sum of the concentration of aldrin and dieldrin in water should not exceed 0.001 micrograms per litre. The sum of concentrations of aldrin and dieldrin in the edible portion of fish should not exceed 0.3 micrograms per gram (wet weight basis) for the protection of human consumers of fish. Chlordane The concentration of chlordane in water should not exceed 0.06 micrograms per litre for the protection of aquatic life. DDT and Metabolites The sum of the concentrations of DDT and its metabolites in water should not exceed 0.003 micrograms per litre. The sum of the concentrations of DDT and its metabolites in whole fish should not exceed 1.0 microgram per gram (wet weight basis) for the protection of fish-consuming aquatic birds. Endrin The concentration of endrin in water should not exceed 0.002 micrograms per litre. The concentration of endrin in the edible portion of fish should not exceed 0.3 micrograms per gram (wet weight basis) for the protection of human consumers of fish. Heptachlor/Heptachlor Epoxide The sum of the concentrations of heptachlor and heptachlor epoxide in water should not exceed 0.001 micrograms per litre. The sum of concentrations of heptachlor and heptachlor epoxide in edible portions of fish should not exceed 0.3 micrograms per gram (wet weight basis) for the protection of human consumers of fish. Lindane The concentration of lindane in water should not exceed 0.01 micrograms per litre for the protection of aquatic life. The concentration of lindane in edible portions of fish should not exceed 0.3 micrograms per gram (wet weight basis) for the protection of human consumers of fish. Methoxychlor The concentration of methoxychlor in water should not exceed 0.04 micrograms per litre for the protection of aquatic life. Mirex For the protection of aquatic organisms and fish-consuming birds and animals, mirex and its degradation products should be substantially absent from water and aquatic organisms. Substantially absent here means less than detection levels as determined by the best scientific methodology available. Toxaphene The concentration of toxaphene in water should not exceed 0.008 micrograms per litre for the protection of aquatic life. (b) Other Compounds Phthalic Acid Esters The concentration of dibutyl phthalate and di (2-ethylhexyl) phthalate in water should not exceed 4.0 micrograms per litre and 0.6 micrograms per litre, respectively, for the protection of aquatic life. Other phthalic acid esters should not exceed 0.2 micrograms per litre in waters for the protection of aquatic life. Polychlorinated Biphenyls (PCBs) The concentration of total polychlorinated biphenyls in fish tissues (whole fish, calculated on a wet weight basis), should not exceed 0.1 micrograms per gram for the protection of birds and animals which consume fish. Unspecific Organic Compounds For other organic contaminants, for which Specific Objectives have not been defined, but which can be demonstrated to be persistent and are likely to be toxic, the concentrations of such compounds in water or aquatic organisms should be substantially absent, i.e., less than detection levels as determined by the best scientific methodology available. 2. Inorganic (a) Metals Arsenic The concentrations of total arsenic in an unfiltered water sample should not exceed 50 micrograms per litre to protect raw waters for public water supplies. Cadmium The concentration of total cadmium in an unfiltered water sample should not exceed 0.2 micrograms per litre to protect aquatic life. Chromium The concentration of total chromium in an unfiltered water sample should not exceed 50 micrograms per litre to protect raw waters of public water supplies. Copper The concentration of total copper in an unfiltered water sample should not exceed 5 micrograms per litre to protect aquatic life. Iron The concentration of total iron in an unfiltered water sample should not exceed 300 micrograms per litre to protect aquatic life. Lead The concentration of total lead in an unfiltered water sample should not exceed 10 micrograms per litre in Lake Superior, 20 micrograms per litre in Lake Huron and 25 micrograms per litre in all remaining Great Lakes to protect aquatic life. Mercury The concentration of total mercury in a filtered water sample should not exceed 0.2 micrograms per litre nor should the concentration of total mercury in whole fish exceed 0.5 micrograms per gram (wet weight basis) to protect aquatic life and fish-consuming birds. Nickel The concentration of total nickel in an unfiltered water sample should not exceed 25 micrograms per litre to protect aquatic life. Selenium The concentration of total selenium in an unfiltered water sample should not exceed 10 micrograms per litre to protect the raw water for public water supplies. Zinc The concentration of total zinc in an unfiltered water sample should not exceed 30 micrograms per litre to protect aquatic life. (b) Other Inorganic Substances Fluoride The concentration of total fluoride in an unfiltered water sample should not exceed 1200 micrograms per litre to protect raw water for public water supplies. Total Dissolved Solids In Lake Erie, Lake Ontario and the International Section of the St. Lawrence River, the level of total dissolved solids should not exceed 200 milligrams per litre. In the St. Clair River, Lake St. Clair, the Detroit River and the Niagara River, the level should be consistent with maintaining the levels of total dissolved solids in Lake Erie and Lake Ontario not to exceed 200 milligrams per litre. In the remaining boundary waters, pending further study, the level of total dissolved solids should not exceed present levels.
B.	Non-Persistent Toxic Substances 1. Organic Substances (a) Pesticides Diazinon The concentration of diazinon in an unfiltered water sample should not exceed 0.08 micrograms per litre for the protection of aquatic life. Guthion The concentration of guthion in an unfiltered water sample should not exceed 0.005 micrograms per litre for the protection of aquatic life. Parathion The concentration of parathion in an unfiltered water sample should not exceed 0.008 micrograms per litre for the protection of aquatic life. Other Pesticides The concentration of unspecified, non-persistent pesticides should not exceed 0.05 of the median lethal concentration on a 96-hour test for any sensitive local species. (b) Other substances Unspecified Non-Persistent Toxic Substances and Complex Effluents Unspecified non-persistent toxic substances and complex effluents of municipal, industrial or other origin should not be present in concentrations which exceed 0.05 of the median lethal concentration in a 96-hour test for any sensitive local species to protect aquatic life. Oil and Petrochemicals Oil and petrochemicals should not be present in concentrations that: (i) can be detected as visible film, sheen or discoloration on the surface; (ii) can be detected by odour; (iii) can cause tainting of edible aquatic organisms; and (iv) can form deposits on shorelines and bottom sediments that are detectable by sight or odour, or are deleterious to resident aquatic organisms. 2. Inorganic Substances Ammonia The concentration of un-ionized ammonia (NH3) should not exceed 20 micrograms per litre for the protection of aquatic life. Concentrations of total ammonia should not exceed 500 micrograms per litre for the protection of public water supplies. Hydrogen Sulfide The concentration of undissociated hydrogen sulfide should not exceed 2.0 micrograms per litre to protect aquatic life.
C.	Other Substances 1. Dissolved oxygen In the connecting channels and in the upper waters of the Lakes, the dissolved oxygen level should not be less than 6.0 milligrams per litre at any time; in hypolimnetic waters, it should be not less than necessary for the support of fishlife, particularly cold water species. 2. pH Values of pH should not be outside the range of 6.5 to 9.0, nor should discharge change the pH at the boundary of a limited use zone more than 0.5 units from that of the ambient waters. 3. Nutrients Phosphorus The concentration should be limited to the extend necessary to prevent nuisance growths of algae, weeds and slimes that are or may become injurious to any beneficial water use. (Specific phosphorus control requirements are set out in Annex 3.) 4. Tainting Substances (a) Raw public water supply sources should be essentially free from objectionable taste and odour for aesthetic reasons. (b) Levels of phenolic compounds should not exceed 1.0 microgram per litre in public water supplies to protect against taste and odour in domestic water. (c) Substances entering the water as the result of human activity that cause tainting of edible aquatic organisms should not be present in concentrations which will lower the acceptability of these organisms as determined by organoleptic tests.

II. PHYSICAL

A.	Asbestos
	Asbestos should be kept at the lowest practical level and in any event should be controlled to the extent necessary to prevent harmful effects on human health.
B.	Temperature
	There should be no change in temperature that would adversely affect any local or general use of the waters.
C.	Settleable and Suspended Solids, and Light Transmission
	For the protection of aquatic life, waters should be free from substances attributable to municipal, industrial or other discharges resulting from human activity that will settle to form putrescent or otherwise objectionable sludge deposits or that will alter the value of Secchi disc depth by more than 10 per cent.

III. MICROBIOLOGICAL

Waters used for body contact recreation activities should be substantially free from bacteria, fungi, or viruses that may produce enteric disorders or eye, ear, nose, throat and skin infections or other human diseases and infections.

IV. RADIOLOGICAL

The level of radioactivity in waters outside of any defined source control area should not result in a TED50 (total equivalent dose integrated over 50 years as calculated in accordance with the methodology established by the International Commission on Radiological Protection) greater than 1 millirem to the whole body from a daily ingestion of 2.2 litres of lake water for one year. For dose commitments between 1 and 5 millirem at the periphery of the source control area, source investigation and corrective action are recommended if releases are not as low as reasonably achievable. For dose commitments greater than 5 millirem, the responsible regulatory authorities shall determine appropriate corrective action.

1.	General Principles (a) Interim Objectives for Persistent Toxic Substances Consistent with the policy stated in paragraph (a) of Article II and Paragraph 2 of Annex 12 that the discharge of any or all persistent toxic substances be virtually eliminated, the Specific Objectives set out in Annex 1 for such substances are adopted as interim objectives. (b) Detection Levels As used in this Annex, "absent" means that the substances are not detectable when analyzed using the best available technology, which may include biological indicators. Detection levels will be subject to change as technology improves and new levels are adopted.
2.	Specific Objectives Review Process (a) The Parties, in consultation with State and Provincial Governments, shall consult on or before July 1, 1988, and at least once every two years thereafter for the purpose of considering the adoption of proposals by the Parties, State and Provincial Governments or recommendations of the Commission to: (i) establish or modify Specific Objectives under Annex 1; and (ii) establish action levels under Annex 12. The Parties, in cooperation with State and Provincial Governments, shall ensure that the public is consulted in the development and adoption of the Specific Objectives. (b) In proposing a substance for a new Specific Objective, the Parties, State and Provincial Governments or the Commission shall be guided by, but not limited to, the lists prepared by the Parties under paragraph (c), below, identifying substances that are present or potentially present within the water, sediment or aquatic biota of the Great Lakes System and are believed, singly or in synergistic or additive combination with another substance, to have acute or chronic toxic effects on aquatic, animal or human life. (c) The Parties, on or before December 31, 1988, shall compile and maintain three lists of substances as follows: (i) List No. 1 shall consist of all substances (1) believed to be present within the water, sediment or aquatic biota of the Great Lakes System and (2) believed, singly or in synergistic or additive combination with another substance,to have acute or chronic toxic effects on aquatic, animal or human life. (ii) List No. 2 shall consist of all substances (1) believed to be present within the water, sediment or aquatic biota of the Great Lakes System and (2) believed, singly, or in synergistic or additive combination with another substance to have the potential to cause acute or chronic toxic effects on aquatic, animal or human life. (iii) List No. 3 shall consist of all substances (1) believed to have the potential of being discharged into the Great Lakes System and (2) believed, singly or in synergistic or additive combination with another substance, to have acute or chronic toxic effects on aquatic, animal or human life. In compiling such lists, the Parties shall employ all data available, including that resulting from activities undertaken pursuant to Annex 12. (d) Determinations regarding whether a substance, singly or in synergistic or additive combinations with another substance, has actual or potential acute or chronic effects or whether a substance has the potential of being discharged into the Great Lakes System according to paragraph (c) above, shall be made using standard methods agreed to by the Parties in consultation with State and Provincial Governments by April 1988.
3.	Lake Ecosystem Objectives. Consistent with the purpose of this Agreement to maintain the chemical, physical and biological integrity of the waters of the Great Lakes Basin Ecosystem, the Parties, in consultation with State and Provincial Governments, agree to develop the following ecosystem objectives for the boundary waters of the Great Lakes System, or portions thereof, and for Lake Michigan: (a) Lake Superior The Lake should be maintained as a balanced and stable oligotrophic ecosystem with lake trout as the top aquatic predator of a cold-water community and the Pontoporeia hoyi as a key organism in a food chain; and (b) Other Great Lakes Ecosystem Objectives shall be developed as the state of knowledge permits for the rest of the boundary of the Great Lakes System, or portions thereof, and for Lake Michigan.

1.	Definitions. As used in this Annex: (a) "Area of Concern" means a geographic area that fails to meet the General or Specific Objectives of the Agreement where such failure has caused or is likely to cause impairment of beneficial use or of the area's ability to support aquatic life. (b) "Critical Pollutants" means substances that persist at levels that, singly or in synergistic or additive combination, are causing, or are likely to cause, impairment of beneficial uses despite past application of regulatory controls due to their: (i) presence in open lake waters; (ii) ability to cause or contribute to a failure to meet Agreement objectives through their recognized threat to human health and aquatic life; or (iii) ability to bioaccumulate. (c) "Impairment of beneficial use(s)" means a change in the chemical, physical or biological integrity of the Great Lakes System sufficient to cause any of the following: (i) restrictions on fish and wildlife consumption; (ii) tainting of fish and wildlife flavour; (iii) degradation of fish wildlife populations; (iv) fish tumors or other deformities; (v) bird or animal deformities or reproduction problems; (vi) degradation of benthos; (vii) restrictions on dredging activities; (viii) eutrophication or undesirable algae; (ix) restrictions on drinking water consumption, or taste and odour problems (x) beach closings; (xi) degradation of aesthetics; (xii) added costs to agriculture or industry; (xiii) degradation of phytoplankton and zooplankton populations; and (xiv) loss of fish and wildlife habitat. (d) "Point Source Impact Zone" is defined as an area of water contiguous to a point source where the water quality does not comply with the General and Specific Objectives of this Agreement.
2.	General Principles (a) Remedial Action Plans and Lakewide Management Plans shall embody a systematic and comprehensive ecosystem approach to restoring and protecting beneficial uses in Areas of Concern or in open lake waters. (b) Such Plans shall provide a continuing historical record of the assessment of Areas of Concern or Critical Pollutants, proposed remedial actions and their method of implementation, as well as changes in environmental conditions that result from such actions, including significant milestones in restoring beneficial uses to Areas of Concern or open lake waters. They are to serve as an important step toward virtual elimination of persistent toxic substances and toward restoring and maintaining the chemical, physical and biological integrity of the Great Lakes Basin Ecosystem. (c) The Parties, State and Provincial Governments, and the Commission have identified Areas of Concern and the development of the of Remedial Action Plans for them has begun. Furthermore, the Parties and State and Provincial Governments have begun developing lakewide strategies for Lakes Ontario and Michigan. By incorporating an Annex for Remedial Action Plans and Lakewide Management Plans in this Agreement, the Parties intend to endorse and build upon these existing efforts. (d) Point source impact zones exist in the vicinity of some point source discharges. Pending the achievement of the virtual elimination of persistent toxic substances, the size of such zones shall be reduced to the maximum extent possible by the best available technology so as to limit the effects of toxic substances in the vicinity of these discharges. These zones shall not be acutely toxic to aquatic species, nor shall their recognition be considered a substitute for adequate treatment or control of discharges at their sources. (e) The Parties, in cooperation with State and Provincial Governments, shall ensure that the public is consulted in all actions undertaken pursuant to this Annex.
3.	Designation of Areas of Concern. The Parties, in cooperation with State and Provincial Governments and the Commission, shall designate geographic Areas of Concern. The Commission, in its evaluation role, shall review progress in addressing Areas of Concern, and recommend additional Areas of Concern for designation by each Party.
4.	Remedial Action Plans for Areas of Concern (a) The Parties shall cooperate with State and Provincial Governments to ensure that Remedial Action Plans are developed and implemented for Areas of Concern. Each plan shall include: (i) a definition and detailed description of the environmental problem in the Areas of Concern, including a definition of the beneficial uses that are impaired, the degree of impairment and the geographic extent of such impairment; (ii) a definition of the causes of the use impairment, including a description of all known sources of pollutants involved and an evaluation of other possible sources; (iii) an evaluation of remedial measures in place; (iv) an evaluation of alternative additional measures to restore beneficial uses; (v) a selection of additional remedial measures to restore beneficial uses and a schedule for their implementation; (vi) an identification of the persons or agencies responsible for implementation of remedial measures; (vii) a process for evaluating remedial measure implementation and effectiveness; and (viii) a description of surveillance and monitoring processes to track the effectiveness of remedial measures and the eventual confirmation of the restoration of uses. (b) The Parties, in cooperation with State and Provincial Governments, shall ensure that affected State and Provincial Governments not now covered by this Agreement will be involved in the development of such plans and consulted on their implementation. (c) The Parties shall cooperate with State and Provincial Governments to classify Areas of Concern by their stage of restoration progressing from the definition of the problems and causes, through the selection of remedial measures, to the implementation of remedial programs, the monitoring of recovery, and, when identified beneficial uses are no longer impaired and the area restored, the removal of its designation as an Area of Concern. (d) The Remedial Action Plans shall be submitted to the Commission for review and comment at three stages: (i) when a definition of the problem has been completed under sub-paragraphs 4 (a) (i) and (ii); (ii) when remedial and regulatory measures are selected under sub-paragraphs 4 (a)(iii), (iv),(v) and (vi); and (iii) when monitoring indicates that identified beneficial uses have been restored under sub-paragraphs 4(a) (vii) and (viii).
5.	Designation of Critical Pollutants for the Development of Lakewide Management Plans. The Parties, in cooperation with State and Provincial Governments and the Commission, shall designate Critical Pollutants for the boundary waters of the Great Lakes System or for a portion thereof. The Commission, in its evaluative role, shall review progress in addressing Critical Pollutants and recommend additional Critical Pollutants for designation by the Parties. Substances on List No. 1 under Annex 1 Supplement shall be considered for designation as Critical Pollutants.
6.	Lakewide Management Plans for Critical Pollutants (a) The Parties, in consultation with State and Provincial Governments, shall develop and implement Lakewide Management Plans for open lake waters, except for Lake Michigan where the Government of the United States of America shall have that responsibility. Such Plans shall be designed to reduce loadings of Critical Pollutants in order to restore beneficial uses, Lakewide Management Plans shall not allow increases in pollutant loadings in areas where Specific Objectives are not exceeded. Such Plans shall include: (i) a definition of the threat to human health or aquatic life posed by Critical Pollutants, singly or in synergistic or additive combinations with another substance, including their contribution to the impairment of beneficial uses; (ii) an evaluation of information available on concentration, sources, and pathways of the Critical Pollutants in the Great Lakes System, including all information on loadings of the Critical Pollutants from all sources, and an estimation of total loadings of the Critical Pollutants by modelling or other identified methods; (iii) steps to be taken pursuant to Article VI of this Agreement to develop the information necessary to determine the schedule of load reduction of Critical Pollutants that would result in meeting Agreement Objectives, including steps to develop the necessary standard approached and agreed procedures; (iv) a determination of load reduction of Critical Pollutants necessary to meet Agreement Objectives; (v) an evaluation of remedial measures presently in place, and alternative additional measures that could be applied to decrease loadings of Critical Pollutants; (vi) identification of the additional remedial measures that are needed to achieve the reduction of loadings and to eliminate the contribution to impairment of beneficial uses from Critical Pollutants, including an implementation schedule; (vii) identification of the persons or agencies responsible for implementation of the remedial measures in question; (viii) a process for evaluating remedial measure implementation and effectiveness; (ix) a description of surveillance and monitoring to track the effectiveness of the remedial measures and the eventual elimination of the contribution to impairments of beneficial uses from the Critical Pollutants; (x) a process for recognizing the absence of a Critical Pollutant in open lake waters. (b) The Parties shall classify efforts to reduce Critical Pollutants by their stages of elimination progressing from the definition of the problem, through the selection of remedial measures, to the implementation of remedial programs, the monitoring of recovery, and the removal of designation as a Critical Pollutant when it is no longer likely to cause, singly or in synergistic or additive combination with another substance, impairment of identified beneficial uses. (c) Lakewide Management Plans shall be submitted to the Commission for review and comment at four stages; (i) When a definition of the problem has been completed under sub-paragraphs 6 (a)(i), (ii) and (iii); (ii) When the schedule of load reductions is determined under paragraph 6(a) (i), (ii) and (iii); (iii) When remedial measures are selected under sub-paragraph 6 (a)(v), (vi) and (vii); and (iv) When monitoring indicates that the contribution of the Critical Pollutants to impairment of identified beneficial uses has been eliminated under sub-paragraphs 6(a)(viii) and (ix)
7.	Reporting Progress (a) Point Source Impact Zones that are associated with direct significant discharges of industrial and municipal wastes shall be identified delineated and reported to the Commission beginning September 30, 1989. They shall be reviewed biennially and their limits revised to achieve the maximum possible reduction in size and effect in accordance with improvements in waste treatment technology and consistent with the policy of virtual elimination of persistent toxic substances. (b) The Parties shall report, by December 31, 1988, and biennially thereafter, to the Commission on the progress in developing and implementing the Remedial Action Plans and Lakewide Management Plans and in restoring beneficial uses. Information from these reports shall be included in the Commission's biennial report under paragraph 3 of Article VII.

1.	The purpose of the following programs is to minimize eutrophication problems and to prevent degradation with regard to phosphorus in the boundary waters of the Great Lakes System. The Goals of phosphorus control are: (a) Restoration of year-round aerobic conditions in the bottom waters of the Central Basin of Lake Erie; (b) Substantial reduction in the present levels of algal biomass to a level below that of a nuisance condition in Lake Erie; (c) Reduction in present levels of algal biomass to below that of a nuisance condition in Lake Ontario unleading the International Section of the St. Lawrence River; (d) Maintenance of the oligotrophic state and relative algal biomass of Lakes Superior and Huron; (e) Substantial elimination of algal nuisance growths in Lake Michigan to restore it to oligotrophic state; and (f) The elimination of algal nuisance in bays and in other areas wherever they occur.
2.	The following programs shall be developed and implemented to reduce input of phosphorus to the Great Lakes: (a) Construction and operation of municipal waste treatment facilities in all plants discharging more than one million gallons per day to achieve, where necessary to meet the loading allocation be developed pursuant to paragraph 3 below, or to meet local conditions, whichever are more stringent, effluent concentration of 1.0 milligram per litre total phosphorus maximum for plants in the basins of Lakes Superior, Michigan, and Huron, and of 0.5 milligram per litre total phosphorus maximum for plants in the basins of Lakes Ontario and Erie. (b) Regulation of phosphorus introduction from industrial discharges to the maximum practicable extent. (c) Reduction to the maximum extent practicable of phosphorus introduced from diffuse sources into Lakes Superior, Michigan, and Huron; and the reduction by 30 per cent of phosphorus introduced from diffuse sources into Lakes Ontario and Erie, where necessary to meet the loading allocations to be developed pursuant to paragraph 3 below, or to meet local conditions, whichever is more stringent. (d) Reduction of phosphorus in household detergents to 0.5 per cent by weight where necessary to meet the loading allocation to be developed pursuant to paragraph 3 below, or to meet local conditions, whichever are more stringent. (e) Maintenance of a viable research program to seek maximum efficiency and effectiveness in the control of phosphorus introductions into the Great Lakes.
3.	The following table establishes phosphorus loads for the base year (1976) and future phosphorus loads. The Parties, in cooperation with the State and Provincial Governments, shall within eighteen months after the date of entry into force of this Agreement confirm the future phosphorus loads, and based on these establish load allocations and compliance schedules, taking into account the recommendations of the International Joint Commission arising from the Pollution from Land Use Activities Reference. Until such loading allocations and compliance schedules are established, the Parties agree to maintain the programs and other measures specified in Annex 2 of the Great Lakes Water Quality Agreement of 1972.

* These loadings would result if all municipal plants over one million gallons per day achieved an effluent of 1 milligram per litre of phosphorus.

** These loadings are required to meet the goals stated in paragraph 1 above.

PHOSPHORUS LOAD REDUCTION SUPPLEMENT TO ANNEX 3 OF THE 1978 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CANADA ON GREAT LAKES WATER QUALITY

1.	The purpose of this Supplement is to outline measures to fulfill the commitments undertaken pursuant to paragraph 3 of Annex 3 of the 1978 Great Lakes Water Quality Agreement which requires that: "... The Parties, in cooperation with the State and Provincial Governments, shall within eighteen months after the date of entry into force of this Agreement confirm the future phosphorus loads, and based on these establish load allocations and compliance schedules, taking into account the recommendations of the International Joint Commission arising from the Pollution from Land Use Activities Reference ..." Phosphorus Target Loads
2.	Table 1 establishes the recommended phosphorus target loads which represent planning guides for the Parties. Table 1 replaces the table contained in paragraph 3 of Annex 3 of the 1978 Great Lakes Water Quality Agreement (GLWQA). Table 1 BASIN Phosphorus Target Loads (metric tonnes per year) Lake Superior (See Section 3(b)) Lake Michigan " Main Lake Huron " Georgian Bay " North Channel " Saginaw Bay 440 (Note 1) Lake Erie 11000 (Note 2) Lake Ontario 7000 (Note 2) Note 1 Target load designed to alleviate drinking water taste and odour problems. Note 2 Target loads proposed to meet ecosystem objectives in Annex 3. The allocation of the phosphorus target loads between the two countries shall be consistent with the equal rights of both Parties in the use of their boundary waters.
3.	Phosphorus Load Reductions (a) Lower Lakes: Table 2 summarizes the estimated phosphorus loading that will be discharged to the Lower Lakes basins when all municipal waste treatment facilities over one million gallons per day achieve compliance with the one milligram per litre (1 mg/1) effluent concentration (on a monthly average basis) as required by Article VI, 1(a) of the 1978 GLWQA. The table also shows the further reductions required to meet the Phosphorus Target Loads. Table 2 - Phosphorus Load Reduction Targets - metric tonnes per year Basin Estimated Loadings at 1 mg/l (Note 1) Phosphorus Target Load Estimates of Further Reductions Required Lake Erie 13,000 11,000 2,000 Lake Ontario 7,430 7,000 430 Note 1 Estimated loading when all municipal waste treatment facilities over one million gallons/day achieve 1 mg/1 phosphorus effluent target levels. (b) Upper Lakes: Load reductions for the Upper Lakes will be accomplished by achieving the 1 mg/1 phosphorus effluent concentration (on a monthly average) at municipal waste treatment facilities discharging more than one million gallons per day. The Parties further agree to maintain the present oligotrophic state of the open waters and relative algal biomass of Lakes Superior and Huron. In addition, the United States agrees to undertake efforts to achieve the substantial elimination of algal nuisance growths in Lake Michigan. Further measures will be implemented as required for Saginaw Bay, various localized nearshore problem areas and Green Bay. (c) Table 3 presents the distribution of further reductions in phosphorus loading required for Lake Erie (in metric tonnes/year) in order to achieve the estimated target loads. These figures will be used by the Parties in the development of detailed plans for achieving further phosphorus reductions as described in 4(a) and (b) below. Table 3 - Allocation of reductions to meet target loads for Lake Erie as shown in Table 1 CANADA U.S. TOTAL 300 1700 2000 (d) For Lake Ontario, the Parties, in cooperation and full consultation with State and Provincial Governments, agree to review the measures to achieve further phosphorus reductions in this Basin and will, within one year, meet to allocate the further phosphorus reductions between the parties. Plans to achieve the required reductions set out in Table 2 will be developed using these figures in accordance with procedures described in 4(a) and (b) below.
4.	Phosphorus Load Reduction Plans (a) Phosphorus load reduction plans will be developed and implemented by the Parties in cooperation and full consultation with State and Provincial governments to achieve the phosphorus reductions for Lake Erie and Ontario described in Table 2. The plans will include phosphorus control programs and other measures as outlined in Section 5 and will describe any additional measures which will be undertaken to evaluate and review progress in achieving the phosphorus load reductions. A staged approach, incorporating target dates for achieving further reductions, will be included in the plans to provide the Parties and State and Provincial governments with a framework for implementing and evaluating the effectiveness of controls. (b) These detailed plans shall be tabled by the Parties with the International Joint Commission 18 months after agreement on this Supplement to Annex 3. The Parties will provide the Commission with progress reports and annual updates of these plans.
5.	Programs and Other Measures
	The following phosphorus control programs and measures will be developed and implemented by the Parties in cooperation and full consultation with State and Provincial governments to achieve the required reductions in accordance with the plans developed pursuant to Section 4. The Parties recognize that the responsibility for the control on nonpoint sources is shared between the Parties and the State and Provincial governments. (a) Municipal Waste Treatment Facilities (i) Priority will be given to the continuation and intensification of efforts to ensure that municipal waste treatment facilities discharging more that one million gallons per day achieve an effluent concentration of 1 mg/1 total phosphorus on a monthly average. (ii) Where necessary, consideration will be given to operating facilities capable of greater phosphorus reduction at higher level of phosphorus removal than that required in 5(a)(i). (iii) Where necessary, municipal waste treatment facilities designed, built, expanded or modified after October 1, 1983 should allow for later modification to provide for greater removal of phosphorus than that required under 5 (a)(i). (b) Detergent Phosphorus Limitation Priority will be given to continuing efforts to limit phosphorus in household detergents. (c) Industrial Discharges Reasonable and practical measures will be undertaken to control industrial sources of phosphorus. (d) Nonpoint Source Programs and Measures Priority management areas will be identified and designated for application of urban and agricultural programs and measures which include: (i) Urban drainage management control programs where feasible consisting of level 1 measures throughout the Great Lakes Basin; and level 2 measures where necessary to achieve reductions or where local environmental conditions dictate (Note 1); and (ii) Agricultural nonpoint source management programs where feasible consisting of level 1 measures throughout the Basin and level 2 measures where necessary to achieve reductions of where local environmental conditions dictate (Note 1). Note 1: Level 1 nonpoint source control options include: Agricultural: adoption of management practices such as: animal husbandry control measures, crop residue management, conservation tillage, no-till, winter cover-crops, crop rotation, strip cropping, vegetated buffer strips along stream and ditch banks, and improved fertilizer management practices. Urban: adoption of management practices such as: erosion controls, use of natural storage capacities and street cleaning. Level 2 nonpoint source controls include Level 1 plus: Agricultural: adoption of intensive practices such as: contour plowing, contour strip cropping, contour diversions, tile outlet-terraces, flow control structures, grassed waterways, sedimentation basins and livestock manure storage facilities. Urban: adoption of practices such as: artificial detention and sedimentation of stormwater and runoff and reduction of phosphorus in combined sewer overflows.
(e)	Research
	Pursuant to the provisions of paragraph 2(e) of Annex 3, the Parties will make special efforts to assure that their research activities will be responsive to the Programs and Other Measures described herein.
(f)	Monitoring and Surveillance
	The Parties will develop and implement surveillance and monitoring measures to determine the progress of Phosphorus Load Reduction Plans for the Lower Lakes as called for under Section 4 above, and to evaluate efforts taken by the Parties to reduce phosphorus in the Great Lakes Basin. These measures will include an inventory of areas treated, watershed modelling and improved measurement of tributary loadings to the Lower Lakes for the purpose of providing improved nonpoint source loading estimates and the monitoring of mass loadings to the Upper Lakes to maintain or improve the environmental conditions described in Section 3(b).

1. Definition. As used in this Annex:

(a)	"Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting or dumping; it does not include unavoidable direct discharges of oil from a properly functioning vessel engine;
(b)	"Harmful quantity of oil" means any quantity of oil that, if discharged from a ship that is stationary into clear calm water on a clear day, would produce a film or a sheen upon, or discolouration of, the surface of the water or adjoining shoreline, or that would cause a sludge or emission to be deposited beneath the surface of the water or upon the adjoining shoreline;
(c)	"Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with ballast or bilge water and oil mixed with wastes other than dredged material;
(d)	"Tanker" means any vessel designed for the carriage of liquid cargo in bulk; and
(e)	"Vessel" means any ship, barge or other floating craft, where or not self-propelled.

2. General Principles. Compatible regulation shall be adopted for the prevention of discharges into the Great Lakes System of harmful quantities of oil and hazardous polluting substances from vessels in accordance with the following principles;

(a)	The discharge of a harmful quantity of oil or hazardous polluting substance, including any such quantities as may be contained in ballast water,shall be prohibited and made subject to appropriate penalties; and
(b)	As soon as any person in charge has knowledge of any discharge, or probable discharge, of harmful quantities of oil or hazardous polluting substances, immediate notice of such discharge shall be given to the appropriate agency in the jurisdiction where the discharge occurs; failure to give this notice shall be made subject to appropriate penalties.

3. Oil. The programs and measures to be adopted for the prevention of discharges of harmful quantities of oil shall include;

(a)

Compatible regulations for design, construction, and operation of vessels based on the following principles. (i) Each vessel shall have a suitable means of containing on board cargo oil spills caused by loading or unloading operations; (ii) Each vessel shall have a suitable means of containing on board fuel oils spills caused by loading or unloading operations, including those from tank vents and overflow pipes; (iii) Each vessel shall have the capability of retaining on board oily wastes accumulated during vessel operation; (iv) Each vessel shall be capable of off-loading retained oily wastes to a reception facility; (v) Each vessel shall be provided with a means for rapidly and safely stopping the flow of cargo or fuel oil during loading, unloading or bunkering operations in the event of an emergency; (vi) Each vessel shall be provided with suitable lighting to adequately illuminate all cargo and fuel oil handling areas if the loading, unloading or bunkering operations occur at night; (vii) Hose assemblies used on board vessels for oil loading, unloading, or bunkering shall be suitably designed, identified, and inspected to minimize the possibility of failure; and (viii) Oil loading, unloading, and bunkering systems shall be suitably designed, identified, and inspected to minimize the possibility of failure; and

(b)

Programs to ensure that merchant vessel personnel are trained in all functions involved in the use, handling, and stowage of oil and in procedures for abatement of oil pollution.

4. Hazardous Polluting Substances. The programs and measures to be adopted for the prevention of discharges of harmful quantities of hazardous polluting substances carried as cargo shall include:

(a)	Compatible regulations for the design, construction, and operation of vessels using as a guide the standards developed by the International Maritime Organizations (IM0), including the following additional requirements: (i) Each vessel shall have a suitable means of containing on board spills caused by loading or unloading operations; (ii) Each vessel shall have a capability of retaining on board wastes accumulated during vessel operation; (iii) Each vessel shall be capable of off-loading wastes retained to a reception facility; (iv) Each vessel shall be provided with a means for rapidly and safely stopping the flow during loading or unloading operations in the event of an emergency; and (v) Each vessel shall be provided with suitable lighting to adequately illuminate all cargo handling areas if the loading or unloading operations occur at night;
(b)	Identification of vessels carrying cargoes of hazardous polluting substances in bulk, containers, and package form, and of all such cargoes;
(c)	Identification in vessel manifests of all hazardous polluting substances;
(d)	Carriage and storage arrangements of all hazardous polluting substances in packaged form using as a guide the International Maritime Dangerous Goods Code; and
(e)	Programs to ensure that merchant vessel personnel are trained in all functions involving the use, handling, and stowage of hazardous polluting substances; the abatement of pollution from such substances; and the hazards associated with the handling of such substances.

5. Additional Measures. Both Parties, in cooperation with State and Provincial Governments shall take, as appropriate, action to ensure the provision of adequate facilities for the reception, treatment, and subsequent disposal of oil and hazardous polluting substances wastes from all vessels.

1. Definitions. As used in this Annex:

(a)	"Discharge" includes, but is not limited to, any spilling, leaking, pumping, emitting, and dumping;
(b)	"Garbage" means all kinds of victual, domestic, and operational wastes, excluding fresh fish and parts thereof generated during the normal operation of the ship and liable to be disposed of continually or periodically;
(c)	"Sewage" means human or animal waste generated on board ship and includes wastes from water closets, urinals, or a hospital facility;
(d)	"Vessel" means any ship, barge or other floating craft, whether or not self-propelled; and
(e)	"Waste water" means water in combination with other substances, including ballast water and water used for washing cargo holds, but excluding water in combination with oil, hazardous polluting substances, or sewage.

2. General Principles. Compatible regulations shall be adopted governing the discharge into the Great Lakes System of garbage, sewage, and waste water from vessels in accordance with the following principles:

(a)	The discharge of garbage shall be prohibited and made subject to appropriate penalties;
(b)	The discharge of waste water in harmful amounts or concentrations shall be prohibited and made subject to appropriate penalties; and
(c)	Every vessel operating in these waters that is provided with toilet facilities shall be equipped with a device or devices to contain, incinerate, or treat sewage to an adequate degree; appropriate penalties shall be provided for failure to comply with the regulation.

3. Critical Use Areas. Critical use areas of the Great Lakes System may be designate where the discharge of waste water or sewage shall be limited or prohibited.

4. The Parties, in cooperation with State and Provincial Governments, shall establish regulation to control the discharge of sewage from pleasure craft of other classes of vessels operating in the Great Lakes System or designated areas thereof.

5. Additional Measures. The Parties shall take, as appropriate, action to ensure the provision of adequate facilities for the reception, treatment, and subsequent disposal of garbage, waste water, and sewage from all vessels.

1. Review. The Canadian Coast Guard and the United States Coast Guard shall continue to review services, systems, programs, recommendations, standards and regulations relating to shipping activities for the purpose of maintaining or improving Great Lakes water quality. The reviews shall include:

(a)	Review of vessel equipment, vessel manning, and navigation practices or procedures, and of aids to navigation and vessel traffic management, for the purpose of precluding casualties which may be deleterious to water quality;
(b)	Review of practices and procedures regarding waste water and their deleterious effect on water quality, including, as required, studies to determine if live fish or invertebrates in ballast water discharges into the Great Lakes System constitute a threat to the System;
(c)	Review of practices and procedures, as well as current technology for the treatment of vessel sewage;
(d)	Review of current practices and procedures regarding the prevention of pollution from the loading, or unloading, or on board transfer of cargo; and
(e)	Review of international ship safety, pollution prevention and civil liability conventions and standards developed by the International Maritime Organization to determine their applicability in the boundary waters of the Great Lakes System

2. Consultation. Representatives of the Canadian Coast Guard and the United States Coast Guard, and other interested agencies, shall meet at least annually to consider Annexes 4, 5, 6, 8 and 9 of this Agreement. A report of this annual consultation shall be furnished to the International Joint Commission prior to its annual meeting on Great Lakes water quality. The purpose of the consultation shall be to:

(a)	Provide an interchange of information with respect to continuing reviews, ongoing studies, and areas of concern;
(b)	Identify and determine the relative importance of problems requiring further study; and
(c)	Apportion responsibility, as between the Canadian Coast Guard and the United States Coast Guard, for the studies, or portions thereof, which were identified in subparagraph 2(b) above.

3. Studies. Where a review identifies additional areas for improvement, the Canadian Coast Guard and the United States Coast Guard, and other interested agencies, will undertake a study to establish improved procedures for the abatement and control of pollution from shipping sources, and will:

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(a)	Develop a brief study description which will include the nature of the perceived problem, procedures to quantify the problem, alternative solutions to the problem, procedures to determine the best alternative, and an estimated completion date;