"1.

Article XIX

The Agreement is amended by adding a new Annex 15 entitled "Airborne Toxic Substances" as follows:

"ANNEX 15

AIRBORNE TOXIC SUBSTANCES"

Purpose. The Parties, in cooperation with State and Provincial Governments, shall conduct research, surveillance and monitoring and implement pollution control measures for the purpose of reducing atmospheric deposition of toxic substances, particularly persistent toxic substances, to the Great Lakes Basin Ecosystem.

"2. Research. Research activities shall be conducted to determine pathways, fate and effects of such toxic substances for the protection of the Great Lakes System. In particular, research shall be conducted to:

"(a) understand the processes of wet and dry deposition and those associated with the vapor exchange of toxic substances;

"(b)

"(c)

"3.

understand the effects of persistent toxic substances, singly or in synergistic or additive combination with other substances, through aquatic exposure routes on the health of humans and the quality and health of aquatic life where a significant source of these substances is the atmosphere, in accordance with sub-paragraph 4(b) of Annex 12; and

develop models of the intermediate and long-range movement and transformation of toxic substances to determine:

"(i)

"(ii)

the significance of atmospheric loadings to the Great Lakes System relative to other pathways; and

the sources of such substances from outside the Great Lakes System.

Surveillance and Monitoring. The Parties shall:

"(a) establish, as part of the Great Lakes International Surveillance Plan (GLISP) instituted under Annex 11, an Integrated Atmospheric Deposition Network in accordance with paragraph 4 below;

"(b) identify, by means of this Network, toxic substances and, in particular, persistent toxic substances, appearing on List No. 1 described in Annex 1, or those designated as Critical Pollutants pursuant to Annex 2 and their significant sources in accordance with sub-paragraph 4(c) of Annex 12, and to track their movements; and

"(c) utilize this Network in order to:

“(i) determine atmospheric loadings of toxic substances to the Great Lakes System by quantifying the total and net atmospheric input of these same contaminants, pursuant to sub-paragraph 3(a) of Annex 11; "(ii) define the temporal and spatial trends in the atmospheric deposition of such toxic substances in accordance with sub-paragraph 4(a) of Annex 12; and

"(iii) develop Remedial Action Plans and Lakewide Management Plans pursuant to Annex 2. Components of the Integrated Atmospheric Deposition Network. The Parties shall confer on or before October 1, 1988, regarding:

"4.

"(e) quality control and quality assurance procedures; and

"(f)

a schedule for the construction and commencement of the operation of the stations.

"5. Pollution Control Measures.

(a) The Parties, in cooperation with State and Provincial Governments, shall develop, adopt and implement measures for the control of the sources of emissions of toxic substances and the elimination of the sources of emissions of persistent toxic substances in cases where atmospheric deposition of these substances, singly or in synergistic or additive combination with other substances, significantly contributes to pollution of the Great Lakes System. Where such contributions arise from sources beyond the jurisdiction of the Parties, the Parties shall notify the responsible jurisdiction and the Commission of the problem and seek a suitable response.

(b) The Parties shall also assess and encourage the development of pollution control technologies and alternative products to reduce the effects of airborne toxic substances on the Great Lakes System.

Reporting. The Parties shall report their progress in implementing this Annex to the Commission biennially, commencing with a report no later than December 31, 1988."

*6.

Article XX

The Agreement is amended by adding a new Annex 16 entitled "Pollution from Contaminated Ground Water" as follows:

"ANNEX 16

POLLUTION FROM CONTAMINATED GROUNDWATER"

"The Parties, in cooperation with State and Provincial Governments, shall coordinate existing programs to control contaminated groundwater affecting the boundary waters of the Great Lakes System. For this purpose, the Parties shall:

"i) identify existing and potential sources of contaminated groundwater affecting the Great Lakes;

"ii)

"iii)

"iv)

"v)

map hydrogeological conditions in the vicinity of existing and potential sources of contaminated groundwater;

develop a standard approach and agreed procedures for sampling and analysis of contaminants in groundwater in order to: 1) assess and characterize the degree and extent of contamination; and 2) estimate the loadings of contaminants from groundwater to the Lakes to support the development of Remedial Action Plans and Lakewide Management Plans pursuant to Annex 2;

control the sources of contamination of groundwater and the contaminated groundwater itself, when the problem has been identified; and

report progress on implementing this Annex to the Commission biennially, commencing with a report no later than December 31, 1988."

Article XXI

The Agreement is amended by adding a new Annex 17 entitled "Research and Development" as follows:

"ANNEX 17

RESEARCH AND DEVELOPMENT"

"1. Purpose. This Annex delineates research needs to support the achievement of the goals of this Agreement.

"2.

Implementation. The Parties, in cooperation with State and Provincial Governments, shall conduct research

in order to:

"(a)

determine the mass transfer of pollutants between the Great Lakes Basin Ecosystem components of water, sediments, air, land and biota, and the processes controlling the transfer of pollutants across the interfaces between these components in accordance with Annexes 13, 14, 15 and 16;

"(b) develop load reduction models for pollutants in the Great Lakes System in accordance with the research requirements of Annexes 2, 11, 12 and 13;

determine the physical and transformational processes affecting the delivery of pollutants by tributaries to the Great Lakes in accordance with Annexes 2, 11, 12 and 13;

determine cause-effect inter-relationships of productivity and ecotoxicity, and identify future research needs in accordance with Annexes 11, 12, 13 and 15;

determine the relationship of contaminated sediments in ecosystem health, in accordance with the research needs of Annexes 2, 12 and 14;

determine pollutant exchanges between the Areas of Concern and the open lakes including cause-effect inter-relationships among nutrients, productivity, sediments, pollutants, biota and ecosystem health, and to develop in-situ chemical, physical and biological remedial options in accordance with Annexes 2, 12, 14, and sub-paragraph 1(f) of Annex 3;

determine the aquatic effects of varying lake levels in relation to pollution sources, particularly respecting the conservation of wetlands and the fate and effects of pollutants in the Great Lakes Basin Ecosystem in accordance with Annexes 2, 11, 12, 13, 15 and 16;

determine the ecotoxicity and toxicity effects of pollutants in the development of water quality objectives in accordance with Annex 1;

determine the impact of water quality and the introduction of non-native species on fish and wildlife populations and habitats in order to develop feasible options for their recovery, restoration or enhancement in accordance with sub-paragraph 1(a) of Article IV and Annexes 1, 2, 11 and 12;

encourage the development of control technologies for treatment of municipal and industrial effluents, atmospheric emissions and the disposal of wastes, including wastes deposited in landfills;

"(k) develop action levels for contamination that incorporate multi-media exposures and the interactive effects of chemicals; and

"(1)

develop approaches to population-based studies to determine the long-term, low-level effects of toxic substances on human health."

Article XXII

This Protocol shall enter into force on the date of its signature.

IN WITNESS WHEREOF the undersigned representatives, being duly authorized by their respective Governments, have signed the present Protocol.

DONE in duplicate at Toledo, Ohio in the English and French languages, each version being equally authentic, this 18th day of November 1987.

Lee M. Thomas

FOR THE GOVERNMENT OF

THE UNITED STATES OF AMERICA

Tom McMillan

FOR THE GOVERNMENT OF
CANADA

Memorandum of Understanding Between the Environmental Protection Agency of the United States of America and the Department of the Environment of the Government of Canada Regarding Accidental and Unauthorized Discharges of Pollutants Along the Inland Boundary, Ottawa,

1985

Done at Ottawa 17 October 1985

Entered into force 17 October 1985

Primary source citation: TIAS 11170

MEMORANDUM OF UNDERSTANDING BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED STATES OF AMERICA AND THE DEPARTMENT OF THE ENVIRONMENT OF THE GOVERNMENT OF CANADA REGARDING ACCIDENTAL AND UNAUTHORIZED DISCHARGES OF POLLUTANTS ALONG THE INLAND BOUNDARY

This Memorandum of Understanding between the Department of the Environment of Canada and the Environmental Protection Agency of the United States of America (hereafter; "the Parties") outlines a plan of cooperative measures for dealing with accidental and unauthorized releases of pollutants that cause or may cause damage to the environment along the shared inland boundary and that may constitute a threat to the public health, property or welfare.

ARTICLE I

For the purpose of this Memorandum of Understanding (M.O.U.):

(a)

"A polluting incident" means an accidental or unauthorized release of any pollutants on either side of the inland international boundary of a magnitude which causes, or threatens to cause, substantial adverse effects on the environment, public health, property or welfare of the other side.

(b)

(c)

(d)

"Environment" means the atmosphere, land, and surface and ground waters, including the natural resources therein, and all other components of the ecosystem.

"Pollutants" means substances which, if discharged, cause or may cause damage to the environment, public health, property or welfare according to the laws and regulations of each Party and the judgment of the national Co-Chairman of the Joint Response Team (JRT). The JRT and its responsibilities are defined in Appendix I.

"Inland international boundary" means the non-maritime boundary common to both countries, including boundary and transboundary waters not included in the Canada-United States Joint Marine Pollution Contingency Plan.

ARTICLE II

The Parties will establish the "Canada-United States Joint Pollution Contingency Plan" (hereafter; "The Plan", See Appendix I) with the objective to provide cooperative measures to deal effectively with accidental or unauthorized discharges of pollutants along the inland boundary.

ARTICLE III

The Plan is designed to (a) alert the appropriate authorities within federal and provincial/state jurisdictions of the existence or threat of polluting incidents, and (b) to initiate measures that will restrict, contain or eliminate to the extent possible the threat posed to the environment, the public health, property or welfare by such incidents.

ARTICLE IV

The Parties, through the coordinating authorities, will establish a Joint Response Team to design and implement the Plan.

ARTICLE V

The coordinating authority for the Plan for Canada is the Environmental Protection Service of the Department of the Environment, and for the United States of America is the Environmental Protection Agency.

ARTICLE VI

The JRT will respond to a polluting incident in accordance with the Plan. The Plan will be applicable whenever a polluting incident occurs that affects both countries or, although only directly affecting one country, is of such a magnitude as to justify a call on the other country for assistance.

ARTICLE VII

Nothing in this M.O.U. shall be construed to prejudice existing or future agreements concluded between the two Parties, or affect the rights and obligations of the Parties under international agreements or arrangements to which they are or may become party.