Ministre d	a n;ports 

dc Irifrastructur	I	 vites 

ii lustre do I Aqcr	d 

ore ii	e dii Canada prii I-.	1 ((Li (31CC

Minister of I ransport, 

nfrastru Hre and Communities 

and Mu i (or of the Economic Development Agency 

of	r	r the eqions of Quebec 

OCT 25 2011 

The Honorable Lisa P. Jackson 

Administrator 

United States Environmental Protection Agency 

120() Pennsylvania Avenue, NW. 

Washington. DC 2046() 

USA 

Dear Administrator Jackson, 

It is my pleasure to write to you concerning an issue of mutual importance to both 

Canada and the United States, namely our shared concern about aquatic species 

invasions. As Minister of Transport, I am responsible for ensuring the maintenance of a 

safe, secure, efficient and environmentally responsible transportation system in Canada. 

As your regulatory mandate under the Clean Water Act now includes vessel discharges, 

including ballast water, I look forward to working with you to further reduce the risk that 

ships will introduce non-native species into our navigable boundary waters, such as on 

the Great Lakes. 

Proper coordination of our efforts in this area is necessary as invasive species do not 

recognize our political boundaries and scientists advise its that an ecosystem approach is 

the best way to protect the Great Lakes. Our two countries are already working towards 

amending the Great Lakes Water Qucilitv Agreement to strengthen its approach to aquatic 

invasive species. 1 see an Opportunity for specific cooperation between our agencies on 

the ballast water issue, however, to ensure our respective requirements are concrete, 

actionable, protective and compatible. 

Canada and the United States share a history of partnership on ballast water requirements 

given our joint management of the St. Lawrence Seaway, a trade route which supports 

thousands of jobs on both sides of the border and serves as a vital link for commerce 

between Canadian ports. Years of co-operative bi-national science have provided a basis 

for policy, regulation and enforcement in both countries. Today, a unique joint 

Canada-US program inspects 100 percent of overseas vessels before they enter the 

Great Lakes to prevent discharges of unmanaged foreign ballast water. No new 

non-native species attributed to ships' ballast water have been reported in the Great Lakes 

since 2006, 1 am proud that our close co-operation over decades has led to such positive 

results without the need to disrupt this vital maritime corridor.
As a new era of ballast water treatment technology promises to strengthen protection for 

our shared waters, there are signs that we could be working more closely together. I want 

to emphasize that it is by doing so, in ways that recognize the challenges posed by our 

respective formal rulemaking processes, that we can best fulfill our respective 

environmental responsibilities for our shared waters. In building on our close 

relationship, there are several topics related to the issue of ballast water management that 

could be the subject of discussion between our agencies. 

First, Canadian shipowners have expressed to me that they wish to he responsible by 

installing approved and effective ballast water treatment systems as they renew their 

fleets. Given the cyclical nature of permitting under the Clean Water Act, ways must be 

found to recognize the significant investments in durable equipment that will be made by 

shipowners. Reducing regulatory uncertainty will ensure the earliest possible protection 

for our waters. 

Second, Canada is studying ballast water exchange plus treatment,' a method to achieve 

elevated environmental protection by combining ballast water treatment with the proven 

techniques we jointly enforce today on the Great Lakes. Compared to treatment to the 

International Maritime Organization (IMO) standard, which already promises an 

improvement over present practices, this technique is expected to provide ten times more 

protection against invasions. We invite your agency to join with us in studying and 

considering this approach. 

Third, our officials could discuss the conclusions of your Science Advisory Board on the 

availability of ballast water treatment systems, given indications that your agency may be 

entertaining ballast water discharge standards that are more stringent than the IMO 

standard. 

Fourth, we would also like to seek clarification on the application of ballast water 

requirements upon ships that are in transit and that have no intention or requirement to 

take on or discharge ballast water, which remains a concern for Canada. 

In light of our joint responsibility for these shared waters, [invite you to consider a 

meeting between our senior officials this fall, with representatives from other relevant 

government agencies, to share and align our short-term and long-term plans and develop 

a compatible approach to managing ballast water in our navigable boundary waters that is 

practicable and protective to the satisfaction of all regulators. Together, let us ensure that 

the same co-ordination that supported our past successes continues to contribute to 

increased protection of our shared environment. 

Yours sincerely,

Denis Lebel, P.C., M.P.
c.c.: The Honorable Ray LaHood 

Secretary of Transportation 

The Honorable Janet Napolitano 

Secretary of Homeland Security 

The Honorable Hillary Clinton 

Secretary of State 

Ms. Nancy Sutley 

Chair of the Council on Environmental Quality 

Mr. Ron Kirk 

United States Trade Representative 

Mr. Collister Johnson 

Administrator, Saint Lawrence Seaway Development Corporation 

The Honourable John Baird 

Minister of Foreign Affairs 

The Honourable Ed Fast 

Minister of International Trade 

The Honourable Peter Kent 

Minister of the Environment 

The Honourable Keith Ashfield 

Minister of Fisheries and Oceans 

Mr. Pierre Poilievre 

Parliamentary Secretary and Special Advisor on Ballast Water to Minister of 

Transport, Infrastructure and Communities

fedex.com 1.800.GoFedEx 1.800 4633339

0 

00 

- 3H]H 133d :1N]IdI3J 

6EECt9OO8L P O 9OOL W03X8pa4