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 Communitiesfedex.com 1.800.GoFedEx 1.800 4633339

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