Commission for

Environmental Cooperation

of North America

Annual Report 2000
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of the CEC Secretariat.

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Commission for Environmental Cooperation

of North America

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Montréal (Québec) Canada H2Y 1N9

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© Commission for Environmental Cooperation, 2003

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Annual Report 2000 iii

The CEC facilitates cooperation and public participation to foster conservation, 

protection and enhancement of the North American environment for the benefit 

of present and future generations, in the context of increasing economic, 

trade end social links among Canada, Mexico and the United States.

Mission

Council

Secretariat

JPAC

Annual Report 2000 v

Table of Contents

Mission iii

Message from the Council 1

Report from the Joint Public Advisory Committee 2

Message from the Executive Director of the CEC Secretariat 4

I Cooperative Achievements 5

2000 Program Summary 7

Cooperative Achievements 9

Registry of Submissions on Enforcement Matters 2000 14

Linking North American Communities 24

II Country Reports 27

Canada 29

Mexico 57

United States 78

III 2000 Financial Review 99

2000 Audited Financial Statements 101

IV Looking Ahead 115

2001 Annual Program and Budget Overview 117

2001 Project Budget Summary 118

Budget Summary for 2001 119

CEC Secretariat Directory 123

Annual Report 2000 1

When the North American Free Trade Agreement (NAFTA) was first negotiated, Canada, Mexico, 

and the United States jointly recognized that increased trade and economic activity would 

require enhanced cooperation among our three countries to protect our shared environment. 

The Commission for Environmental Cooperation (CEC) was created to strengthen this cooperation 

in support of the North American Agreement on Environmental Cooperation, NAFTA’s adjunct 

environmental accord. The CEC’s mandate reflects the recognition by our three countries that 

economic and social progress, as well as the health of our people, is fundamentally tied to the quality 

of the environment we share.

In the intervening years, NAFTA has brought about an unprecedented expansion of trade and 

investment. As our economic integration deepens, so too does the responsibility to manage 

our shared environment. 

The Commission is responding to this challenge. Its initiatives are indicative of a collective NAFTA 

commitment to ensuring that trade liberalization is accompanied by the innovative environmental 

policies required to achieve sustainable development.

The year 2000 saw the Commission make important steps in this regard.

In October 2000, for example, the CEC hosted the first North American Symposium on Understanding 

the Linkages between Trade and the Environment. This groundbreaking symposium resulted in a new 

framework for evaluating the environmental impacts of free trade, which has also contributed to an 

improved methodological approach in the work of the Commission. 

Moreover, the identification of species of common concern, in particular those dependent on our shared 

Great Plains ecological region, is a major step in the creation of a trinational grasslands conservation 

strategy. In addition, in accordance with special direction from the Council last year, the Commission 

began the development of a comprehensive agenda to improve the protection of our children from 

environmental harm.

We are pleased to present the Commission’s Annual Report 

elaborating on these and other CEC achievements during 2000.

Message from the Council

David Anderson

Canada

Minister of the Environment

Victor Lichtinger

Mexico

Secretary of Environment

and Natural Resourses

Carol M. Browner

United States

Environmental Protection

Agency Administrator
2 Annual Report 2000 

I look back on this landmark year for the Joint Public Advisory Committee (JPAC) with a sense of satisfaction and 

optimism. Public persistence and the resolve of Council led to a JPAC mandate ending the unrest over the citizen 

submission process under Articles 14 and 15 of the North American Agreement for Environmental Cooperation. 

A Council resolution now tasks JPAC with the responsibility of designing a public review process for issues concerning the implementation and further elaboration of Articles 14 and 15. Council also asked JPAC to report on the 

public history of submissions and identify lessons learned. Working closely with the public, and with the assistance 

of outside experts, the review process was built and the lessons learned report carefully prepared. The report was submitted to Council for consideration in June 2001.

In addition, JPAC held four regular sessions in 2000 and developed seven Advice to Council on various matters. 

Other highlights of our work in 2000 were:

• Holding a joint workshop with the Conservation of Biodiversity program and indigenous peoples on the 

Strategic Directions for the Conservation of Biodiversity project.

• Soliciting public input on the draft Guide: Elements for Improving Environmental Performance and Compliance through Effective Environmental Management Systems in coordination with the Law and Policy program.

• Participating in the North American Symposium on Understanding the Linkages between Trade and Environment.

• Organizing plenary discussions with the National Advisory Committees and the Governmental Advisory 

Committee on Emerging Environmental Trends in North America.

It was a great honor for me to serve as chair of the Joint Public Advisory Committee for the year 2000. I firmly 

believe that JPAC is an excellent vehicle for public involvement and, as a group of citizens expert in their own right, 

members bring focus and direction to the work of the CEC.

I would like to thank my colleagues on the committee for their unwavering commitment to our activities. I would 

also like to thank the governments of the three Parties for respecting the autonomy of JPAC. And, of course, my sincere thanks go to the people of North America who, with their criticisms, suggestions, ideas and evaluations, have 

ensured that the work of this great team never stops improving.

Regina Barba

JPAC Chair for 2000

Report from the Joint Public Advisory Committee
Annual Report 2000 3

Canada Mexico United States

CAM AVERY

Director of Public Affairs

B.C. Gas, 24th Floor

1111 West Georgia

Vancouver, B.C., V6E 4M4

Tel: (604) 443-6603 

Fax: (604) 443-6614

E-mail: cavery@bcgas.com

JONATHAN SCARTH

Mail address 

Executive Vice President

Delta Waterfowl Foundation

R.R. 1, Box 1, Portage la Prairie, 

Manitoba, R1N 3A1

For FedEx only:

c/o MacDonalds Sporting Goods

246 Saskatchewan Av. East

Portage la Prairie, MB R1N 0K9

Phone (204) 239-1900

Fax (204) 239-5950 

E-mail: jscarth@deltawaterfowl.com

MARY SIMON

Ambassador 

Canadian Embassy in Coopenhagen

Kr. Bernikowsgeid 1

1105 Coopenhagen

K, Denmark

Phone: (33) 48-32-00

Fax: (33) 48-32-20

E-mail: 

mary-may.simon@dfait-maeci.gc.ca

DONNA TINGLEY

Executive Director

Clean Air Strategic Alliance

9th floor, 9940 - 106th Street

Edmonton, AB T5K 2N2

Tel: (780) 427-9793 

Fax: (780) 422-3127

E-mail: dtingley@casahome.org

LIETTE VASSEUR

Associate Professor

International Project Director

Department of Biology 

and Environmental Studies Program

Saint-Mary’s University

923 Robie St. Halifax, NS B3H 3C3

Tel: (902) 496-8234 

Fax: (902) 420-5261

E-mail: Liette.Vasseur@stmarys.ca

REGINA BARBA

Secretaria General

Unión de Grupos Ambientalistas, I.A.P.

Av. Antonio Rodríguez No. 57 .bis

Col. San Simón, Ticumac

México, D.F. 03660

Tel: (5) 672-6149 / 532-2717 / 532-5639

Fax: (5) 532-5639

E-mail: elrasa@df1.telmex.net.mx

DANIEL BASURTO

Abogado

Lexcorp Abogados

Homero No. 1804, Desp. 602

Col. Polanco, México, D.F. 11570

Tel: (5) 395-1085

Fax: (5) 395-1095

E-mail: dbasurto@lexcorp.com.mx

ERNESTO ENKERLIN

Director, Pronatura Noreste

Professor, Tecnológico de Monterrey

Centro de Calidad Ambiental

Garza Sada #2501 Sur

Monterrey, N.L. Mexico 64849

Phone: (8) 328-4032 / 387-5814

Fax: (8) 387-5815 / 359-6280

E-mail: eenkerlin@pronatura.org.mx

RAÚL TORNEL

Presidente, Comisión de Ecología de la 

Industria Nacional

CONCAMIN

Camino a Santa Lucía # 198

Fracc. Industrial San Antonio

Azcapotzalco, México D.F. 02760

Tel: (5) 353 3194

Fax: (5) 561 0097

E-mail: rtornel@tornel.com.mx

BLANCA TORRES

Profesora

Centro de Estudios Internacionales

El Colegio de México, A.C.

Camino al Ajusco 20

Col. Pedregal de Santa Teresa

México, D.F. 01900

Tel: (5) 449-3000 Ext. 4037

Fax: (5) 645-0464

E-mail: btorres@colmex.mx

PETER BERLE

Mail address: 

P.O. Box 881

Stockbridge, Massachusetts 01262

For FedEx only: 

230 Monument Valley Road

Great Barrington, Massachusetts 01230

Tel: (413) 298-0061

Fax: (413) 298-0069

E-mail: pberle@audubon.org

STEVE OWENS

Senior Counsel

Muchmore and Wallwork, PC

2700 N. Central Avenue

Suite 1225

Phoenix, Arizona 85004

Tel: (602) 240-6652

Fax: (602) 240-6697

E-mail: sowens@mmww.com

JONATHAN PLAUT

3 Ashland Rd.

Summit, New Jersey 07901

Tel: (908) 273-4127

Fax: (908) 273-6836

E-mail: jplaut@aol.com

SERENA WILSON

9100 Mill Creek Landing

Great Falls, Virginia 22066

Tel: (703) 759-4642

Fax: (703) 759-7897

E-mail: wilsonserena@juno.com

JOHN WIRTH

President

North American Institute

708 Paseo de Peralta

Santa Fe, New Mexico 87501

Tel: (505) 982-3657

Fax: (505) 983-5840

E-mail: jdwirth@leland.stanford.edu

JPAC Members 2000
This year has been marked by significant achievements in the growth of the CECas 

an innovative institution, and in terms of fulfilling our far-reaching work program in 

support of sustainable development in North America.

A core responsibility of the Secretariat is to provide high quality research and policy 

analysis that brings objective, science-based information and options to policy makers.

In November, the first North American Symposium on Understanding the Linkages between 

Trade and the Environment marked a notable achievement towards meeting that objective. 

The symposium also stands as a demonstration of the CEC’s role as a forum for participation. 

The meeting, held at the World Bank, attracted 300 people from across North America, 

representing industry, government, research and development groups and environmental 

NGOs. The results bring much-needed rigour to the trade-environment debate, and include 

the first solid framework for evaluating the environmental impacts of free trade. Moreover 

the results set the stage for sector-specific research and advice over the years ahead.

This ground-breaking accomplishment is just one example of the success we achieved this year 

and I invite you, through this annual report, to examine the other progress achieved with our 

partners across North America in 2000.

Janine Ferretti

Message from the Executive Director of the CEC Secretariat

4 Annual Report 2000
I

Cooperative Achievements

Annual Report 2000 

5

2000 Program Summary

Annual Report 2000 7

Environment, Economy and Trade

The goal of the Environment, Economy and Trade Program is to encourage mutual compatibility of 

trade environmental and economic policies and instruments within North America and between North 

America and other trade alliances or regions.

• Critical and Emerging Environmental Trends in North America

• Assessing Environment and Trade Relationships

• Financing and the Environment

• Facilitating Trade in Green Goods and Services: Promoting Sustainable Agricultural Production 

and Trade

• Facilitating Conservation of Biodiversity as it relates to Trade in Wildlife Species

• Sustainable Tourism in Natural Areas

Conservation of Biodiversity

The goal of this program is to promote and conserve ecosystem health and integrity, and foster and 

encourage the conservation, protection and sustainable use of biodivesity and its components.

• Strategic Directions for the Conservation of Biodiversity

• Ecosystem Monitoring Initiative

• Cooperation on the Protection of Marine and Coastal Ecosystems

• Mapping Marine and Estuarine Ecosystems of North America

• North American Marine Protected Areas Network

• North American Biodiversity Conservation Mechanisms

• North American Biodiversity Information Network

Pollutants and Health

The goal of the program on Pollutants and Health is to facilitate cooperative initiatives to reduce pollution 

risks and minimize pollution impacts.

• Facilitating Trinational Coordination in Air Quality Management

• Developing Technical and Strategic Tools for Improved Air Quality in North America

• Trinational Air Quality Improvement Initiative: North American Trade 

and Transportation Corridors

• Sound Management of Chemicals

• North American Pollutant Release and Transfer Register

• Capacity Building for Pollution Prevention

• First North American Symposium on Children’s Health and the Environment

Law and Policy

The goal of the Law and Policy program is to facilitate the development of law, policy and economic 

instruments; to aid the development of alternative approaches to achieving compliance, including effective enforcement; and to promote greater public participation and transparency in decision-making.

• Cooperation between Environmental Laboratories

• North American Regional Enforcement Forum

• Enforcement and Compliance Capacity Building

• Indicators of Effective Environmental Enforcement

Annual Report 2000 9

Cooperative Achievements

Environment, Economy and Trade

The Environment, Economy and Trade program area supports the goals of NAAEC to:

• promote sustainable development based on cooperation and mutually supportive environmental and economic policies, 

• support the environmental goals and objectives of NAFTA,

• avoid creating trade distortions or new trade barriers, 

• promote economically efficient and effective environmental measures, and

• promote “win-win” opportunities for achieving environmental and economic development 

objectives.

Critical and Emerging Environmental Trends in North America

In December 2000, the Secretariat presented the findings of two analytical reports: the first, making use of 

a quantitative economic model, examines potential pressure on freshwater resources based on competition between urban water use and the agricultural sector, to the year 2020. The second pulls together data 

from Canada, Mexico and the US on two sectors—forestry and agriculture—to examine changes in material resource flows (MFA). In addition, the results of a limited public survey on the views of the public on 

environmental futures and a survey of environmental challenges in the three countries were presented at 

a joint public meeting with JPAC in December.

Assessing Environment and Trade Relationships

The CEC hosted the first North American Symposium on Understanding the Linkages between Trade 

and Environment in October at the World Bank in Washington, DC. The meeting attracted 300 people 

from across North America, representing industry, government, research groups, development groups 

and environmental NGOs. During the two-day meeting, 14 original research papers were presented and 

discussed. The symposium represents a step forward in providing empirical and rigorous analysis to the 

trade-environment debate.

Green Goods and Services

In March 2000, coffee-growers, distributors, roasters and retailers met to identify ways to increase the 

market share of shade coffee. They identified labeling as an important area for the CEC to examine. That 

meeting built on information presented in February through a background paper entitled, “Environmental and Other Labeling of Coffee: The Role of Mutual Recognition Supporting Cooperative Action.” To 

support this work, the CEC developed a coffee certification database as an online resource designed for 

stakeholders in the coffee industry. It is intended to provide information to those interested in organic, 

shade and fair trade coffee labeling and certification schemes. 
10 Annual Report 2000 

In May, the CEC published a follow up report to the Playa del Carmen workshop: Promoting Sustainable 

Tourism in North America’s Natural Areas: The Steps Forward. Work continued on a summary report of 

“best practices” in sustainable tourism in North America’s natural areas, as well as on the online Sustainable Tourism Resource Database. 

Conservation of Biodiversity

The Conservation of Biodiversity program area seeks to promote cooperation between Canada, Mexico 

and the United States in fostering conservation, sound management and sustainable use of North American biodiversity in three ways: first, a diagnosis to identify the current state of the conservation of biodiversity in the region; second, the development of strategies based on priorities of ecological regions and 

conservation actions that have consensus among the countries and diverse interest groups; and third, the 

implementation of mechanisms, projects and information management systems.

North American Biodiversity Conservation Strategies

Work in 2000 toward developing a long-term strategy on the conservation of biodiversity was based 

on the Report on the Status of Biodiversity in North America—Integrated Baseline Summary, which was 

submitted for comments from stakeholders. As part of this work, the CEC organized, in May, a unique 

workshop with 21 leading ecologists from the three North American countries who identified important 

regions for biodiversity conservation. The workshop identified fourteen regions as prime candidates for 

focusing CEC’s attention, based on biological continental significance and a high level of threat.

Stewardship for Shared Terrestrial and Marine Ecosystems

At its June session, the CEC’s Council stated its commitment to initiate trinational cooperation aimed 

at conserving species of common concern. Working in close cooperation with the Canada/Mexico/US 

Trilateral Committee for Wildlife and Ecosystem Conservation and Management, and reflecting both the 

need and opportunity for working on a regional scale, the Parties agreed to focus initially on 17 species 

of common concern. 

Improving Information on North American Biodiversity

The CEC has focused on helping to develop information and making it more accessible to assist decision-makers, wildlife managers and conservation organizations in their biodiversity conservation efforts. 

The North American Biodiversity Information Network (NABIN), through the collaboratively developed 

Species Analyst tool, constitutes a major breakthrough in establishing a network of collectors and users 

of biodiversity data in North America. Working with more than 50 of North America’s most important 

centers of biodiversity information, the CEC has helped make 75 data sets and 45 million data points 

accessible via the Internet.

Pollutants and Health

The Pollutants and Health program promotes cooperative initiatives through: encouraging technical 

cooperation between the Parties; promoting pollution prevention techniques and strategies; 

recommending appropriate limits for specific pollutants, taking into account differences in ecosystems; 

recommending approaches for the comparability of techniques and methodologies for data, gathering 

and analysis, data management, and electronic data communications; and promoting access to publicly 

available information concerning the environment that is held by public authorities of each Party.
Annual Report 2000 11

Cooperation on North American Air Quality Issues

In October, the CEC presented a study conducted by researchers at the Center for the Biology of Natural 

Systems, Queens College, City University of New York, entitled, Long-range Air Transport of Dioxin from 

North American Sources to Ecologically Vulnerable Receptors in Nunavut, Arctic Canada. The study modeled 

dioxin deposition in Nunavut based on emissions from July 1996 to June 1997, creating a “snapshot” of 

atmospheric transport during that time. The study illustrated the dynamics of long-range transport on a 

continental scale. 

More than 200 officials from all three countries attended the first annual meeting of North American air 

pollution management officials, held in Asheville, North Carolina, in April.

Work also began to identify likely environmental impacts (with special emphasis on the air environment) 

of North American trade and transportation corridor development and describe opportunities for the 

prevention or mitigation of these impacts. The project covers the full multi-modal definition of “trade 

and transportation corridors” (trucking, rail, inland and ocean waterways, air, pipelines, and electric 

transmission). 

Sound Management of Chemicals

In 2000, the Sound Management of Chemicals Program continued implementation of several North 

American Regional Action Plans already in place, including plans on chlordane, DDT, mercury and PCBs. 

In June, Council took further action on mercury by formally approving a new phase II component that 

provided additional guidance in the form of specific goals, objectives and actions to reduce mercury levels 

in and fluxes among, selected indicative environmental media in order to approach natural levels and 

fluxes and target for reduction, through life cycle management approaches, the sources of anthropogenic 

mercury pollution.

Work continued on a proposed regional action plan for lindane—a persistent organic pollutant that is 

registered for use as a pesticide and insecticide in all three of the North American countries—to reduce 

human and environmental exposure to the substance. Comments on the draft plan were made available 

on the CEC’s web site in July.

North American Pollutant Release and Transfer Register Program

In May 2000, the CEC published the fifth in the annual series of Taking Stock reports on North American 

pollutant releases and transfers. The reports present an overview and analysis of data on pollutant releases 

and transfers from industrial facilities in North America, based on data collected through the national 

PRTR programs.

In June 2000, during its seventh annual regular session in Dallas, Texas, the CEC Council issued Resolution 00-07 on Pollutant Release and Transfer Registers (PRTRs). In this resolution, the Council recognized 

a set of basic elements that are central to the effectiveness of PRTR systems, reaffirmed its commitment to 

publish an annual report on pollutant releases and transfers in North America (Taking Stock), and agreed 

to continue its individual and collective efforts to promote PRTRs, including public access to and use of 

PRTR data domestically, regionally and internationally.

Pollution Prevention

The Fund for Pollution Prevention (Fondo de Prevención de la Contaminación—Fiprev) continued to 

make loans to small- and medium-size enterprises in Mexico. As of September, 12 loans totaling approximately 2.7 million pesos (US$300,000) had been granted, and 16 more for approximately 3.4 million 

pesos (US$ 375,000) were authorized. Of these financed projects, 10 are in the tanning industry, one is in 

electroplating and another is in food. There are 16 projects currently being formalized: 12 in tanning and 
12 Annual Report 2000 

the others in electroplating, dry cleaning, chemicals and metalwork. Currently, funding requests for many 

more projects are being studied, primarily in the areas of tanneries and electroplating.

During 2000, the CEC also promoted the work the Round Table on Pollution Prevention. The Round 

Table commenced its activities in January 2000, the date the Organizing Committee met for the first time. 

The Organizing Committee is made up of 11 representatives from government, industry, academia, technical and financial assistance organizations and nongovernmental organizations. Since then, seven more 

meetings have been held, the most recent to assess the results of the first dissemination meeting that took 

place 24–25 August 2000, in Jurica, Querétaro, with the participation of the state government and about 

150 attendees.

First North American Symposium on Children’s Health and the Environment

Recognizing the need for greater coordination and cooperation to protect children from environmental 

threats in North America, in June 1999 the CEC Council announced a special initiative to explore opportunities for the CEC involvement in this area. The Symposium on Children’s Health and the Environment 

in North America, held on 10 May 2000 in Toronto, and the government meeting on 11 May 2000 were 

important first steps in the process of identifying a common agenda for action among the three countries. 

The outcomes of the symposium and government meeting provided important groundwork for Council 

Resolution 00-10 on Children’s Health and the Environment, which was adopted by the CEC Council 

during its session in Dallas, Texas, in June 2000. 

Law and Policy

The goal of the Law and Policy program area is to address regional priorities regarding obligations and 

commitments in NAAEC related to environmental standards and their implementation. Program initiatives monitor and report on regional trends in implementing and enforcing environmental standards, 

including innovations in regulation, economic instruments and voluntary initiatives.

Enforcement Cooperation

In June 2000, Council endorsed the Guidance Document on environmental management systems produced by the Enforcement Working Group. Entitled Improving Environmental Performance and Compliance: 10 Elements of Effective Environmental Management Systems, the document has been available since 

June on the CEC web site, has been produced in pamphlet form in the three languages, and has been 

distributed to various interested international organizations.

In conjunction with the North American Wildlife Enforcement Group (NAWEG), a network of senior 

wildlife enforcement officials from Canada, Mexico and the United States, the CEC organized a workshop on illegal traffic of wildlife in North America. Held in August in Monterrey, Mexico, the workshop 

was part of a series of enforcement training sessions sponsored by the CEC that have addressed trade in 

fur-bearing species, wild birds, reptiles, and corals and marine invertebrates. Over 70 wildlife enforcement officials from the three countries met to coordinate efforts to crack down on wildlife poaching and 

smuggling. 
Annual Report 2000 13

Other Initiatives

Article 13 Report

Early in 2000, the CEC Secretariat launched an initiative on the “Environmental Challenges and Opportunities of the Evolving Continental Electricity Market” under Article 13 of the North American Agreement on Environmental Cooperation (NAAEC). The initiative coincides with an emerging interest from 

Canada, Mexico and the United States in building a more seamless North American energy market and 

is intended to assist the Parties in identifying the environmental issues and areas of opportunity within 

the continental electricity marketplace. Guided by a multistakeholder Advisory Board, the initiative set 

out to:

• examine the environmental challenges and opportunities presented by the evolving continental 

electricity market, including the effects of restructuring, development and increased trade;

• examine the challenges and potential of “green electricity” in North American markets, including the identification of trends in the definition, production and marketing of “green electricity;” and

• foster a dialogue among a diverse group of representatives from business, government and the 

nongovernmental community, concerning the most significant environmental dimensions of 

the evolving North American electricity market.
Registry of Submissions on Enforcement Matters 2000

 ID. NUMBER SUBMITTERS STATUS

SEM-97-001 B.C. Aboriginal Fisheries Commission et al. Factual record released

SEM-97-002 Comité pro Limpieza del Río Magdalena Awaiting additional information under 

Article 21(1)(b) from Party

SEM-97-003 Centre québécois du droit de l’environment (CQDE) Process terminated under Article 15(2)

SEM-97-006 The Friends of the Oldman River Deferred decision on factual record

SEM-97-007 Instituto de Derecho Ambiental Process terminated under Article 15(1)

SEM-98-001 Instituto de Derecho Ambiental (Guadalajara) Process terminated under Article 14(1)

SEM-98-003 Department of the Planet Earth, et al. Reviewing under Article 15(1)

SEM-98-004 Sierra Club of British Columbia, et al. Reviewing under Article 15(1)

SEM-98-005 Academia Sonorense de Derechos Humanos, et al. Process terminated under Article 15(1)

SEM-98-006 Grupo Ecológico “Manglar”, A.C. Awaiting Council’s decision on development 

of factual record

SEM-98-007 Environmental Health Coalition, et al. Preparing the factual record

SEM-99-001 Methanex Corporation Process terminated under Article 14(3)(a)

SEM-99-002 Center for International Environmental Law Awaiting Council’s decision on development 

of factual record

SEM-00-001 Rosa María Escalante de Fernández Process terminated under Article 14(1)

SEM-00-002 Neste Canada Inc. Process terminated under Article 14(3)(a)

SEM-00-003 Hudson River Audubon Society of Westchester, Inc., et al. Process terminated under Article 14(1)

SEM-00-004 David Suzuki Foundation et al. Reviewing under Article 15(1)

SEM-00-005 Academia Sonorense de Derechos Humanos et al. Awaiting Party’s response under Article 14(2)

SEM-00-006 Comisión de Solidadridad y Defensa de los Derechos Humanos, AC Awaiting correction of a minor error of form

14 Annual Report 2000
■ Submission ID: SEM-97-001/BC HYDRO

Submitter(s): B.C. Aboriginal Fisheries Commission et al.

Party: Canada

Date received: 2 April 1997

Summary of the matter addressed in the Submission:

The Submitters allege that the Canadian Government is failing to enforce the Fisheries Act, and to utilize its 

powers pursuant to the National Energy Board Act, to ensure the protection of fish and fish habitat in British 

Columbia’s rivers from ongoing and repeated environmental damage caused by hydro-electric dams.

2000 Events:

1. On 28 March 2000, the Secretariat submitted the Draft Factual Record to the Council.

2. On 11 May 2000, the Secretariat received the Parties’ comments to the Draft Factual Record.

3. On 31 May 2000, the Secretariat submitted the Final Factual Record to the Council.

4. On 11 June 2000, the Council voted unanimously to instruct the Secretariat to make the final 

factual record publicly available.

5. On 11 June 2000, the Secretariat released to the public the Final Factual Record, in accordance 

with Council Resolution 00-04. The process is terminated.

■ Submission ID: SEM-97-002/RÍO MAGDALENA

Submitter(s): Comité Pro Limpieza del Río Magdalena 

Party: United Mexican States

Date received: 15 March 1997

Summary of the matter addressed in the Submission:

The Submitters allege that wastewater originating in the municipalities of Imuris, Magdalena de Kino, and 

Santa Ana, located in the Mexican state of Sonora, is being discharged into the Magdalena River without 

prior treatment. According to the Submitters, the above contravenes Mexican environmental legislation 

governing the disposal of wastewater.

2000 Events:

This submission was active during 2000, but no new determinations were made.

Annual Report 2000 15
16 Annual Report 2000 

■ Submission ID: SEM-97-003/QUEBEC HOGS FARMS

Submitter(s): Centre québécois du droit de l’environnement (CQDE), et al.

Party: Canada

Date received: 9 April 1997

Summary of the matter addressed in the submission:

The Submitters allege “the occurrence of failure to enforce several environmental standards related to 

hog production on the territory of the Province of Quebec. Specifically, that the Quebec Government has 

failed, for many years, to enforce certain environmental protection standards regarding agricultural pollution originating from animal production facilities, mainly from hog farms.”

2000 Events:

On 16 May 2000, the Council by a two-thirds majority decided not to direct the Secretariat to develop a 

factual record. In accordance with section 10.4 of the Guidelines, the submission process is terminated.

■ Submission ID: SEM-97-006/OLDMAN RIVER II

Submitter(s): The Friends of the Oldman River

Party: Canada

Date received: 4 October 1997

Summary of the matter addressed in the submission:

The Submitter alleges that Canada is failing to apply, comply with and enforce the habitat protection sections of the Fisheries Act and the Canadian Environmental Assessment Act.

2000 Events:

On 16 May 2000, the Council decided to defer consideration of the Secretariat’s notification that a factual 

record was warranted and directed the Secretariat to review expeditiously any relevant assertions of fact 

about other cases that the submitter may provide, after having given Canada an opportunity to provide a 

response to those assertions; and to convey its recommendation to Council for a decision.

■ Submission ID: SEM-97-007/LAKE CHAPALA

Submitter(s): Instituto de Derecho Ambiental

Party: United Mexican States

Date received: 10 October 1997

Summary of the matter addressed in the Submission:

The Submitters allege that Mexico is failing to enforce environmental law, in connection with the citizen 

complaint filed on 23 September 1996, concerning the degradation of the Lerma Santiago River – Lake 

Chapala Basin.

2000 Events:

On 14 July 2000, the Secretariat determined not to recommend the preparation of a factual record. Under 

guideline 9.6, the process was terminated.
Annual Report 2000 17

■ Submission ID: SEM-98-001/GUADALAJARA

Submitter(s): Instituto de Derecho Ambiental, A.C. 

 in conjunction with the citizens affected by the explosions of 22 April 1992

 Party: United Mexican States

 Date received: 9 January 1998

Summary of the matter addressed in the submission:

The Submitters allege that Mexican Federal Attorney General and the Federal Judiciary did not duly 

enforce the General Law of Ecological Balance and Environmental Protection (LGEEPA) in relation to the 

explosions in the Reforma area of the city of Guadalajara, state of Jalisco.

2000 Events:

On 11 January 2000, the Secretariat determined that the revised submission does not meet the criteria of 

Article 14(1) and terminated the process.

■ Submission ID: SEM-98-003/GREAT LAKES

Submitter(s): Department of the Planet Earth, et al.

Party: United States of America

Date received: 27 May 1998

Summary of the matter addressed in the submission:

The submitters assert that the US Environmental Protection Agency’s regulations drafted and programs 

adopted to control airborne emissions of dioxin/furan, mercury and other persistent toxic substances 

from solid waste and medical waste incinerators violate and fail to enforce both: 1) US domestic laws, 

and; 2) the ratified US-Canadian treaties designed to protect the Great Lakes that are partly referenced in 

the US Clean Air Act.

2000 Events:

1. On 24 March 2000, the Secretariat requested additional information from the United States 

under Article 21(1)(b).

2. On 15 November 2000, the Secretariat received the requested information from the United States.
18 Annual Report 2000 

■ Submission ID: SEM-98-004/BC MINING

Submitter(s): Sierra Club of British Columbia, et al. 

Party: Canada

Date received: 29 June 1998

Summary of the matter addressed in the submission:

The Submission alleges a systemic failure of Canada to enforce the Fisheries Act to protect fish and fish 

habitat from the destructive environmental impacts of the mining industry in British Columbia. 

2000 Events:

This submission was active during 2000, but no new determinations were made.

■ Submission ID: SEM-98-005/CYTRAR

Submitter(s): Academia Sonorense de Derechos Humanos, A.C., et al.

Party United Mexican States

Date received: 11 August 1998

Summary of the matter addressed in the submission:

The submitters allege that Mexico has failed to effectively enforce environmental law by having authorized 

the operation of a hazardous waste landfill (CYTRAR) less than six kilometers away from Hermosillo, 

Sonora.

2000 Events:

On 26 October 2000, the Secretariat determined not to recommend the preparation of a factual record. 

Under guideline 9.6, the process was terminated.

■ Submission ID: SEM-98-006/AQUANOVA

Submitter(s): Grupo Ecológico Manglar, A.C. 

Party: United Mexican States

Date received: 20 October 1998

Summary of the matter addressed in the submission:

The Submission alleges that the Mexico is failing to effectively enforce its environmental laws with respect 

to the establishment and operation of Granjas Aquanova S.A. de C.V., a shrimp farm located in Isla del 

Conde, San Blas, Nayarit, Mexico. 

2000 Events:

On 4 August 2000, the Secretariat informed Council that the Secretariat considers that the submission 

warrants development of a factual record.
Annual Report 2000 19

■ Submission ID: SEM-98-007/METALES Y DERIVADOS

Submitter(s): Environmental Health Coalition, et al. 

Party: United Mexican States

Date received: 23 October 1998

Summary of the matter addressed in the submission:

The Submitters allege that Mexico has failed to effectively enforce its environmental law in connection 

with an abandoned lead smelter in Tijuana, Baja California, Mexico, that poses serious threats to the 

health of the neighboring community, and to the environment.

2000 Events:

1. On 6 March 2000, the Secretariat informed Council that the Secretariat considers that the 

submission warrants development of a factual record. 

2. On 16 May 2000, the Council voted unanimously to instruct the Secretariat to develop a 

factual record.

3. On 30 May 2000, the Secretariat placed a work plan. and a repository of documents in its web 

site or otherwise made these available to the public and stakeholders

■ Submission ID: SEM-99-001/METHANEX

Submitter(s): Methanex Corporation 

Party: United States

Date received: 18 October 1999

Summary of the matter addressed in the submission:

The submitters allege that the United States has failed to enforce California’s environmental laws and regulations related to water resource protection and to the regulation of underground storage tanks (UST’s).

2000 Events:

1. On 30 March 2000, the Secretariat determined that the submission met the article 14(1) and 

14(2) criteria and requested a response from the United States. 

2. On 31 May 2000, the Secretariat received a response from the United States and began considering whether to recommend a factual record. 

3. On 30 June 2000, the Secretariat determined that, under Article 14(3)(a), its review of submissions SEM-99-001 and SEM-00-002 shall not proceed further because they are subjects of a 

pending judicial or administrative proceeding. The process is terminated.
20 Annual Report 2000 

■ Submission ID: SEM-99-002/CIEL-MIGRATORY BIRDS

Submitter(s): Alliance for the Wild Rockies, et al.

Party: United States

Date received: 19 November 1999

Summary of the matter addressed in the submission:

The Submitters allege that the United States Government is failing to effectively enforce the Migratory 

Bird Treaty Act (MBTA) against logging operations on federal and non-federal lands throughout the 

United States. 

2000 Events:

1. On 29 February 2000, the Secretariat received a response from the United States and began 

considering whether to recommend a factual record.

2. On 15 December 2000, the Secretariat informed Council that the Secretariat considers that the 

submission warrants development of a factual record.

■ Submission ID: SEM-00-001/MOLYMEX I

Submitter(s): Rosa María Escalante de Fernández

Party: United Mexican States

Date received: 27 January 2000

Summary of the matter addressed in the submission:

The Submitter asserts that the town of Cumpas, Sonora, Mexico, has been affected by air pollution from 

the Molymex, S.A. de C.V. plant which produces molybdenum trioxide from molybdenum sulfide, allegedly in violation of the provisions of LGEEPA regarding air quality and Official Mexican Standards for 

environmental health that establish limits for sulfur dioxide and particulate matter of ten microns or less 

(PM10).

2000 Events:

1. On 1 February 2000, the Secretariat acknowledged receipt of the submission.

2. On 25 April 2000, the Secretariat notified the submitter(s) that the submission did not meet 

the Article 14(1) criteria and the submitter(s) had 30 days to provide the Secretariat with a 

revised submission that conforms with Article 14(1).

3. The thirty day deadline expired without the Secretariat receiving a submission that conformed 

to Article 14(1). Under Guideline 6.2, the process was therefore terminated on 8 June 2000.
Annual Report 2000 21

■ Submission ID: SEM-00-002/NESTE CANADA

Submitter(s): Neste Canada Inc.

Party: United States

Date received: 21 January 2000

Summary of the matter addressed in the submission:

The Submitter believes that “applicable regulatory agencies in California are not enforcing environmental 

laws, as defined in the NAAEC, relating to underground storage tanks (USTs) with the result that significant volumes of gasoline continue to leak into and contaminate soil, water and air in that State.”

2000 Events:

1. On 8 March 2000, the Secretariat acknowledged receipt of the submission.

2. On 17 April 2000, the Secretariat determined that the submission related to the same facts and 

the same asserted failure to enforce an environmental law as another submission already under 

consideration by the Secretariat. Under guideline 10.3, the Secretariat consolidated the submission with submission SEM-99-001 (Methanex).

3. On 30 May 2000, the Secretariat received a response from the United States and began considering whether to recommend a factual record.

4. On 30 June 2000, the Secretariat determined that, under Article 14(3)(a), its review of submissions SEM-99-001 and SEM-00-002 shall not proceed further because they are subjects of a 

pending judicial or administrative proceeding. The process is terminated.

■ Submission ID: SEM-00-003/JAMAICA BAY

Submitter(s): Hudson River Audubon Society of Westchester, Inc., et al.

Party: United States

Date received: 2 March 2000

Summary of the matter addressed in the submission:

The Submitters allege that the United States Department of Interior – National Park Service, is failing 

to enforce and proposing to violate: (i) Section 703 of the Migratory Bird Treaty Act (MTBA) 16 U.S.C. 

703-712, which prohibits the killing of migratory birds without a permit from the US Fish and Wildlife 

Service; and (ii) Sections 4 through 10 of the Endangered Species Act of 1973 (ESA), which prohibit the 

taking of endangered and threatened species, require the protection of such species “whether by protection of habitat and food supply,” and require the designation of “critical habitat.”

2000 Events:

1. On 8 March 2000, the Secretariat acknowledged receipt of the submission.

2. On 12 April 2000, the Secretariat determined that the submission does not meet the criteria of 

Article 14(1) of the NAAEC. The process is terminated.
22 Annual Report 2000 

■ Submission ID: SEM-00-004/BC LOGGING

Submitter(s): David Suzuki Foundation et al.

Party: Canada

Date received: 15 March 2000

Summary of the matter addressed in the submission:

The Submitters allege that the Government of Canada “is in breach of its commitments under NAAEC to 

effectively enforce its environmental laws and to provide high levels of environmental protection.” They 

allege that the Fisheries Act is “routinely and systematically violated by logging activities undertaken by 

British Columbia... [s]pecifically, section 35 of the Fisheries Act, which prohibits the harmful alteration, 

disruption or destruction of fish habitat, and section 36 of the Fisheries Act, which prohibits the deposition of deleterious substances in waters frequented by fish...”

2000 Events:

1. On 17 March 2000, the Secretariat acknowledged receipt of the submission.

2. On 30 March 2000, the Secretariat requested the submitter(s) to correct minor errors of form 

under guideline 3.10.

3. On 31 March 2000, the Secretariat received a the additional information that corrected the 

errors of form.

4. On 8 May 2000, the Secretariat determined that the submission met the article 14(1) and 14(2) 

criteria and requested a response from Canada.

5. On 10 July 2000, the Secretariat received a response from Canada and began considering 

whether to recommend a factual record.

■ Submission ID: SEM-00-005/MOLYMEX II

Submitter(s): Academia Sonorense de Derechos Humanos, A.C. and Domingo Gutiérrez Mendívil

Party: United Mexican States

Date received: 6 April 2000

Summary of the matter addressed in the submission:

The Submitters allege that Mexico has failed to effectively enforce the General Law of Ecological Equilibrium and Environmental Protection (Ley General del Equilibrio Ecologico y la Proteccion al Ambiente—LGEEPA) in relation to the operation of the company Molymex, S.A. de C.V. (Molymex) in the 

town of Cumpas, Sonora, Mexico.

2000 Events:

1. On 27 April 2000, the Secretariat acknowledged receipt of the submission.

2. On 13 July 2000, the Secretariat notified the submitter(s) that the submission did not meet the 

Article 14(1) criteria and the submitter(s) had 30 days to provide the Secretariat with a revised 

submission that conforms with Article 14(1).

3. On 31 July 2000, the Secretariat received a revised submission and began to analyze it.

4. On 19 October 2000, the Secretariat determined that the submission met the article 14(1) and 

14(2) criteria and requested a response from the concerned government Party.
Annual Report 2000 23

■ Submission ID: SEM-00-006/TARAHUMARA

Submitter(s): Comisión de Solidaridad y Defensa de los Derechos Humanos, AC

Party: United Mexican States

Date received: 9 June 2000

Summary of the matter addressed in the submission:

The Submitters allege a failure by Mexico to effectively enforce its environmental law by denying access 

to environmental justice to Indigenous communities in the Sierra Tarahumara in the State of Chihuahua. 

They particularly assert failures to effectively enforce environmental law relative to the citizen complaint 

process, to alleged environmental crimes and other to alleged violations with respect to forest resources 

and the environment in the Sierra Tarahumara.

2000 Events:

On 19 June 2000, the Secretariat acknowledged receipt of the submission and requested the submitter(s) 

to correct minor errors of form under guideline 3.10.
Linking North American Communities

In 2000, the North American Fund for Environmental Cooperation (NAFEC), awarded grants to 16 

community-based environmental projects across North America for up to US$25,000 each, totaling 

US$387,000. Including the grants awarded in 2000, NAFEC has issued a total of 142 grants amounting to 

US$5.4 million since the first grants were awarded in 1996.

In 2000, an effort was made to further focus NAFEC. The Call for Proposals outlined two categories: (1) 

Linking biodiversity conservation with trade in green goods and services and (2) Pollutants and Health—

improving public access to information, decision-making and environmental justice. Within each category, specific criteria were outlined in order to link the grants closely to current CEC projects. Despite the 

effort to narrow the field, 400 proposals were received.

In addition to receiving funding for their community-based projects, 2000 grantees were invited to participate in a collective effort to identify common problems and solutions, best practices, supportive policies, 

etc. At the outset of their projects, grantees were to meet with representatives from similar communitybased projects and from the CEC in order to define issues that they would examine during the course of 

their projects. 

During 2000, the Secretariat also undertook to evaluate NAFEC. The evaluation was completed just prior 

to the Council Meeting. It concluded that there was strong support among stakeholders for maintaining 

NAFEC within the CEC. It also underlined the importance of returning NAFEC funding to a level that will 

ensure open access for North American communities.

24 Annual Report 2000 
Annual Report 2000 25

Grants awarded in 2000

(all figures in US dollars)

Linking Biodiversity Conservation with Green Goods and Services

New Mexico Wolf Tourism Project (US) Southwest Environmental Center, Las Cruces, New Mexico, USA

($20,000) • Ecotourism Program in the Indigenous Community of Nuevo San Juan Parangaricutiro, 

Mich. (Mexico) Comunidad Indígena de Nuevo San Juan Parangaricutiro, Nvo. San Juan Parangaricutiro, 

Michoacán, México ($24,000) • North American Guide Exchange Project–Strengthening Communities 

Through Sustainable Tourism (Canada-Mexico-US) Saskatchewan Wetland Conservation Corporation, 

Regina, Saskatchewan, Canada ($25,000) • The Millennium Trek–A Gwich’in Journey to the Birthing 

Grounds of the Porcupine Caribou Herd (Canada-US) Porcupine Caribou Management Board, Lister, 

British Columbia, Canada ($18,000) • Realizing the Transition to a Conservation Based Approach to 

the Forests and Economy (Canada) Sierra Club of British Columbia, Victoria, British Columbia, Canada 

($25,000) • Community capacity-strengthening for sustainable forest management in the Sierra Madre 

of Chihuahua (Mexico) Comision de Solidaridad y Defensa de los Derechos Humanos, A.C. (COSYDDHAC), Chihuahua, Chihuahua, México ($25,000) • Strengthening sustainable use and marketing of 

non-timber forest products in the Mexican humid tropics (Mexico) Methodus Consultora, S.C., Oaxaca, 

Oaxaca, México ($25,000) • Conservation and restoration of biodiversity in the cultivation of coffee and 

other organic products in Chiapas (Mexico) Federación Indígena Ecológica de Chiapas, Motozintla, Chiapas, México ($25,000) • North American cooperation for sustainable coffee: Beyond the niche market

(Canada-Mexico-US) Eco-Research Chair of Environmental Law and Policy, University of Victoria, Victoria, 

British Columbia, Canada ($25,000)

Pollutants and Health—Improving Public Access to Information, Decision-Making 

and Environmental Justice 

Clean production project for the Great Lakes Basin communities (Canada-US) Union Saint-Laurent, 

Grands Lacs (Great Lakes United), Montréal, Québec, Canada ($25,000) • Building an Environmental 

Justice Network through Citizen Monitoring, Air Sampling and using Geographic Information Systems

(US) Little Village Environmental Justice Organization (LVEJO), Chicago, Illinois, USA ($25,000) • PRTR 

(Pollutant Release and Transfer Registry): an exercise in community use (Mexico) Enlace Ecológico, 

A.C., Agua Prieta, Sonora, Mexico ($20,000) • Strengthening Community Level Use of PRTR (Pollutant Release and Transfer Registry) Data in North America (Canada-Mexico-US) Canadian Institute for 

Environmental Law and Policy (CIELAP), Toronto, Ontario, Canada ($25,000) • A Virtual Forum for the 

Pollutant Release and Transfer Registry (Mexico) Programa La Neta, S.C., México D.F., México ($25,000) 

• Strengthening the Farmworker Community’s Capacity to Monitor Pesticide Risks and Forming Alliances for Alternative Solutions (US) Farmworker Health and Safety Institute, Glassboro, New Jersey, USA

($25,000) • Southeast Houston: Cleaner Communities for Better Health (US) Mothers for Clean Air, 

Houston, Texas, USA ($25,000)

II

Annual Report 2000 

27

Country Reports

Annual Report 2000 29

Country Report on Implementation of the Commitments Derived from the NAAEC.

The following report was submitted to the CEC Secretariat by Environment Canada in accordance with 

NAAEC.

■ Article 2—General Commitments

Article 2(1)(a) State of the Environment Reports

Two reports were published under the federal government’s new Vision for State of the Environment 

(SOE) Reporting in 2000. Environment Canada produced Ecological Assessment of the Boreal Shield 

Ecozone, and Agriculture and Agri-Food Canada published The Health of Our Water—Toward Sustainable 

Agriculture in Canada. SOE reports serve two key purposes: to report to Canadians on environmental 

issues and ecosystems of national significance; and to foster the use of science in policy and decisionmaking. 

Each report satisfies the content and presentation guidelines for the federal government’s reporting 

program described in the New Vision for SOE Reporting under the five Natural Resource Departments 

(5NR) Memorandum of Understanding on Science and Technology for Sustainable Development. These 

reports are accessible in print and on the Internet at <http://www.ec.gc.ca/soer-ree/English/National/

soeass.cfm> (see also <http://res2.agr.ca/research-recherche/science/Healthy_Water/toc.html> for the 

Agriculture report).

Three other Environment Canada SOE reports were largely completed by the end of 2000, for publication 

in the first half of 2001:

• Tracking Key Environmental Issues;

• The State of Municipal Wastewater Effluents in Canada; and

• Nutrients in the Canadian Environment—This report will accompany the science assessment 

Nutrients and Their Impact on the Canadian Environment, which will also be published in 2001.

Statistics Canada published an SOE-related report, Human Activity and the Environment 2000, which provides a statistical picture of Canada’s environment with special emphasis on human activities and their 

relationship to ecosystems such as: air, water, soil, plants, and animals. This report is available as a package—book and CD-ROM. See <http://www.statcan.ca/english/ads/11-509-XPE/> for further information.

Canada
30 Annual Report 2000 

The State of the Great Lakes Ecosystem Conference (SOLEC) produced two background papers for its 

2000 Conference: Selection of Indicators for Great Lakes Bas Ecosystem Health (March 2000), and SOLEC 

2000—Implementing Indicators (November 2000).

One new bulletin in Canada’s National Environmental Indicator Series was published in 2000: Environmental Sustainability of Canada’s Agricultural Soils. The National Environmental Indicators Series is available in 

hard copy, and electronically on the State of Canada’s Environment Infobase web site <http://www.ec.gc.ca/

soer-ree/English/National/IndWelc.cfm>. New and updated regional environmental indicators are 

posted on Environment Canada’s Pacific and Yukon Region Environmental Indicators web site <http:

//www.ecoinfo.org/env_ind>.

The State of Canada’s Environment Infobase 

The State of Canada’s Environment Infobase web site on Environment Canada’s Green Lane <http://

www.ec.gc.ca/soer-ree/>, operational for the past five years, continues to evolve and provides access to an 

increasingly broad range of environmental and ecological information and reports. The web site provides 

access to: SOE reports; Canada’s National Environmental Indicator Series; the National Ecological Framework; and environment-related Tools, including electronic links to: the Ecological Monitoring and Assessment (EMAN) Network; Pacific and Yukon Region’s environmental indicators, 5NR SOE-related products, 

and provincial, territorial, and some international agency documents related to SOE Reporting.

Sustainable Community Indicators

The Sustainable Community Indicators interactive software package was released in June 2000. It is 

designed to help communities develop indicators, monitor their progress towards sustainable development and facilitate the exchange of indicator-related information. In response to client reactions, plans 

for more flexible tools, directly available on the Internet, have been developed. Further information can 

be found on the Environment Canada web site at: <http://www.ec.gc.ca/scip-pidd>.

National Water Quality Index

After testing and refining the index, the Water Quality Index Technical Subcommittee of Canadian Council of Ministers of the Environment’s (CCME) Water Quality Guidelines Task Group produced the Canadian Water Quality Index Technical Report in March 2000.

Canadian Information System for the Environment

In August 2000, Minister Anderson invited top level experts with diverse backgrounds to form a Task Force 

to advise him on a design and implementation strategy for a Canadian Information System for the Environment. The mandate of the Task Force was to develop plans for a demand driven information system 

that could meet three specific goals: to enable informed public policy decisions; to provide accountability 

to citizens concerning the management of Canada’s environment; and, to enable citizens and civil society 

to make informed decisions which include environmental implications. An interim report from the Task 

Force was provided to the Minister in May 2001. This report was used as the basis for wide consultations. 

Wild Species 2000—The General Status of Species in Canada

Wild Species 2000 provides an overview of the status of Canada’s species. It brings the results of Provincial, Territorial, and Federal monitoring efforts onto a single platform for the first time. This report is 

the first of a series, with others to be released every five years. This is the commitment of all of Canada’s 

Ministers responsible for wildlife in the Accord for the Protection of Species.
Annual Report 2000 31

In this first report are the general status assessments for a broad cross-section of over 1 600 Canadian 

species, from all provinces, territories, and ocean regions. In addition to the written report, datasets 

are available on a companion CD and on the web site <http://www.wildspecies/ca> where the following are 

available: a report card to all Canadians; a guide indicating where more information is needed; an effective tool for improved conservation; and a testament to the cooperative will of Canadians to protect wild 

species. 

Biodiversity Portrait of the St. Lawrence

In August 2000, the Quebec Region of Environment Canada published a Biodiversity Portrait of the St. 

Lawrence (available on the Internet). This work is a synthesis of knowledge about the fauna and flora of 

the St. Lawrence acquired over more than thirty years; it was carried out as part of the St. Lawrence Vision 

2000 Action Plan (SLV2000) and is currently unique in Canada. The work both assists decision-making 

on conservation and sustainable development issues and serves as an outstanding pedagogical tool.

ALBERTA

In 2000, Alberta changed the calculation and format of the Alberta Surface Water Quality Index to be 

consistent with the Alberta Agricultural Water Quality Index (AAWQI), a reporting tool that follows 

trends in agricultural impacts on small streams. The Alberta Surface Water Quality Index is intended 

to serve as a composite descriptor of river water quality in various areas of the province. The index 

incorporates three factors representing key aspects of water quality: the number of variables not meeting 

objectives (scope); the number of times objectives are not met (frequency); and the amount by which 

objectives are not met (amplitude). The overall index value is based on the mean of four sub-indices that 

are calculated for metals, nutrients, bacteria, and pesticides. It is similar to the Canadian Water Quality 

Index proposed by the CCME. 

Alberta Environment operates nine continuous automatic air quality monitoring stations within Alberta. 

Current data are available to the general public over a telephone system, and historic data are available over 

the Internet. A quarterly summary report titled “Air Quality in Alberta” is also available on the Internet.

QUEBEC

In 2000, Quebec published six technical reports and nine scientific or interpretive papers on the state of rivers and their surrounding environments; it also held ten conferences on similar subjects. Several reports and 

articles dealt with river water quality or with potential swimming areas in the St. Lawrence river in relation to 

urban, industrial, or agricultural effluents. Others dealt with contamination by PCBs, PAHs, and other toxins 

in the Saguenay region and in lakes Massawippi-Lovering. There were several publications on indicators of biological integrity used to evaluate the health of aquatic ecosystems. Two publications referred to the properties 

of acid pollution and to the potential impact of nitrogen deposition on the acidification and eutrophication 

of waterways. Two technical guides were also published, one on monitoring water quality in rivers and small 

watercourses and another on working in the aquatic environment during cleanup and infrastructure projects. 

Finally, the environment ministry continuously made available various data on air quality (ozone, smog) and 

meteorology. Quebec published an annual report (1999–2000) on monitoring of the biological diversity action 

plan to implement the Convention on Biological Diversity; it published a report on ten years (1989–1999) of 

protecting threatened and vulnerable species in Quebec and has kept its data centre on Quebec’s natural heritage (Centre de données sur le patrimoine naturel du Québec—CDPNQ) up to date.

Also in 2000, Quebec produced an overview of contaminated sites, made public its 1997 annual overview 

of environmental compliance in the pulp and paper industry and its 1997 overview of pesticide sales in 

Quebec, and produced a leaflet on integrated pest management in green spaces.
32 Annual Report 2000 

Article 2(1)(b) Environmental Emergency Preparedness Measures

Environmental Emergency Plans for Toxic Substances:

Under the new Canadian Environmental Protection Act (CEPA, 1999) proclaimed in 1999, once a substance is declared “toxic” to human health or to the environment, the Ministers of health and the environment have new authorities to manage these toxic substances. This ministerial action can take several 

forms, including regulations, pollution prevention plans, environmental emergency plans, guidelines, 

codes of practice and economic instruments. 

A plan under Section 199 of CEPA 1999 represents one of the important components of a comprehensive 

emergencies management framework and will assist in reducing gaps in or between federal and provincial legislation for the prevention of, preparedness for, response to, and recovery from an environmental 

emergency. However, environmental emergency plans will not be required for all substances that have 

been declared toxic under CEPA. Rather, the process to determine which substances require an environmental emergency plan involves the review of substance specific data such as the quantity in commerce 

or storage, toxicity of the substance, spill frequency and severity, and whether or not the risks posed by an 

uncontrolled, unplanned, or accidental release of the substance are being adequately managed.

To date, guidelines for the Implementation of the Environmental Emergency Planning Provisions of 

Part 8 of CEPA 1999 have been published. Parties who may be required to prepare and implement environmental emergency plans will have to submit two declarations to the Minister the first stating that an 

environmental emergency plan has been prepared and is being implemented, and the second stating that 

the implementation of the environmental emergency plan has been completed. These declarations will be 

posted on the CEPA Registry where they will be available for public review.

Business Plan for the Environmental Emergencies Program:

After consultation with all stakeholders the implementation of the Environmental Emergencies Program 

Mandate Renewal is well underway. HQ/Regional Working Groups have been formed to implement each 

initiative identified in the business plan and the progress is being monitored. The current program activities are reviewed against mandated responsibilities and strategies are developed to take advantage of efficiencies and alternative service delivery opportunities. The objective is to build capacity for the next five 

years to address gaps and vulnerabilities in the existing capacity to effectively deliver the program.

Emergency Simulation Exercises:

During the coverage period, two emergency simulation drills were carried out by the EPB-Quebec Region 

in collaboration with local intervention communities (municipalities, industries, fire and police departments, etc.) and government partners (Coast Guard, Transport Canada, and Department of Fishery and 

Oceans). One exercise was held in May 2000 with the Groupe Alliance 2000 on the hydrocarbon handling 

facilities of the company IMTT in Quebec city; the other was held in June 2000 with the company Montréal Pipeline in Boucherville. 

QUEBEC

In 2000, Quebec undertook to revise the primary documentation upon which its operations in the area of 

environmental emergencies are based (ministerial emergency plan, intervention guide for spills of dangerous materials, etc.). This process should be completed during 2001. During the same period, work on an 

emergency measures plan in case of a nuclear accident at the Gentilly II nuclear power plant was begun. 
Annual Report 2000 33

Article 2(1)(c) Environmental Education

Environment Canada has been engaged in a nation-wide consultation with environmental educators 

to determine how best to respond to the commitments made by Canada for Chapter 36 of Agenda 21: 

Promoting Education, Public Awareness and Training. Over 5000 Canadians have participated in this 

process and Environment Canada is leading in the drafting of a broad-based multi-stakeholder national 

framework on environmental education and sustainability, with a view to tabling action plans from all 

supporters at the 10th Anniversary of the Rio Summit to be held in Johannesburg in the fall of 2002.

The Biosphère 

As defined by its mission, the Biosphère of Environment Canada is dedicated primarily to the transmission of knowledge and to education related to the environment, water, and ecosystems such as the St. 

Lawrence River and the Great Lakes.

Over the course of the year 2000, the Biosphère mounted the exposition “Climate Warning!” aimed at 

making people of all ages aware of global warming on our planet and of its consequences on our lives.

ALBERTA

In Alberta, environmental education programs on the topics of water quality, wetlands, waste management, forest protection, and climate change were delivered to a variety of audiences. These audiences 

included teachers, students, communities and the general public. On the issue of climate change, workshops were presented at teachers’ conferences across the province. A provincial workshop was delivered 

to teachers on climate change in co-operation with a number of other stakeholders.

Working in conjunction with the Clean Air Strategic Alliance (CASA), a pilot community education 

program called Climate Wise was developed and delivered to several Alberta communities. Environment 

Week activities in a number of Alberta communities also focused on the issue of climate change.

New resource materials were developed to support the government’s work on biodiversity and threatened and endangered species. Stream Connections, an educational poster dealing with the ecology of 

streams and rivers, the value of riparian areas, fisheries management, and the impact of urban development, was introduced.

QUEBEC

The Quebec Action Plan on Climate Change 2000–2002 was adopted in October 2000 and includes provisions for a vast public awareness program, promotion, support, the development of youth education 

activities, the pursuit of cooperation with partners, and the implementation of a mobilization plan for 

decision makers. Moreover, in 2000, through its Action—Environnement program, Quebec gave grants to 

32 Bruntland Green Schools and to 38 projects of various other groups.

Article 2(1)(d) Scientific Research and Technology Development

Canada, through the Environmental Technology Centre (ETC), undertook a variety of initiatives:

Federal-provincial National Air Pollution Surveillance (NAPS) Network for monitoring criteria pollutants SO2

, CO, NOx, and O3 and total suspended particulate matter was sustained. Data were also collected 

on other pollutants, including PM with aerodynamic diameter less than 10 microns (PM10) (using hivolume, dichotomous, and real-time ‘TEOM’ samplers), PM2.5 (using dichotomous and real-time TEOM 

samplers), particulate lead, particulate sulphate, nitric oxide, and over 100 organic compounds and over 

70 metals and ions.
34 Annual Report 2000 

Stack sampling in support of inventory development and strategic options planning was performed to 

evaluate greenhouse gas emissions from a variety of sources. The work involved measurement of: emissions from three active landfills in Calgary; gas flaring; waste incineration from “TeePee” burners in 

Newfoundland; mercury emissions; volatile organic compounds (VOC) from landfills; fine particulate 

emissions; polycyclic aromatic hydrocarbons (PAH) emissions from coal-fired power plants in Alberta; 

and priority pollutants from federal heating plants in the National Capital Region.

Landfill gas contains numerous aliphatic, aromatic and halogenated compounds. Volatile organic compounds (VOC), which are present in the order of a few hundred ppm, are major precursors for smog 

formation, while Freons are known ozone-depleting substances. The VOC also contain vinyl chloride 

and 1,3-butadiene, which are CEPA toxic substances. VOC data have been collected from landfills in 

western Canada (Calgary, Regina and Saskatoon), the Toronto area, eastern Ontario and the Montreal 

urban community. A database on emissions has been developed. Development work was undertaken and 

is still underway for sampling and analytical procedures for other organic compounds of interest such as 

aldehydes and ketones, sulphur species and mercury.

In support of the Toxic Substance Management Policy (TSMP) on virtual elimination of CEPA Track-1 

substances, studies on the Level of Quantification (LOQ) for PCB in stack emissions, ash and landfill gas 

was completed and a report published. Two emission sources, an enclosed flare burning landfill gas and 

a bio-medical incinerator, were used to collect the stack samples. The PCB LOQ included the co-planar 

isomers. The LOQ for hexachlobutadiene (HCBD) was also determined and reported. A study of the LOQ 

for five (tetra and penta) chorobenzenes is ongoing, and a screening run was conducted to determine the 

suitability of a combustion sources for the determination of the LOQ.

The effectiveness of flares, engines, turbines and boilers for the destruction of non-methane components 

of landfill gas was assessed. The study included measurement of VOC and other toxic substances such as 

polycyclic aromatic hydrocarbons (PAH) and polychlorinated dibenzo dioxins and furans (PCDD/F). 

Other pollutants of interest include particulate matter, hydrogen chloride, hydrogen fluoride, oxides of 

nitrogen, sulphur dioxide, and carbon monoxide. Measurements were earlier completed at two sites—an 

800-kW reciprocating engine in Montreal and a 30-MW boiler in Toronto. Two additional sources were 

completed this fiscal year—a 900-kW engine in Waterloo and an enclosed flare in the Ottawa-Carleton 

Region. Some preliminary testing was conducted on a micro-turbine burning landfill gas. 

The ETC is providing technical support to CanAmera Foods, a MAPTM (Microwave-Assisted Process) 

licensee and the world’s largest canola oil manufacturer and Canada’s leading oilseed processing company. 

BC Research, which also became a MAPTM licensee during the year is supporting the work. The work is 

aimed at demonstrating the potential use of MAPTM as a low-GHG emitting, “clean” industrial process. 

The project also aims at providing a substitute to the solvent hexane for canola oil production, which is a 

GHG contributor.

Laboratory testing was undertaken for a number of collaborative projects that will lead to reductions in 

emissions of GHG (primarily CO2 and methane) from mobile sources. This work included the second 

year of the PERD-sponsored cold-start efficiency program, which resulted in the evaluation of a number 

of technologies designed to reduce cold-start fuel consumption by 10%. Alternative power sources as a 

Georgetown-University-developed urban bus powered by a fuel cell and a gasoline-electric Toyota Prius 

were tested over normal operational cycles to determine the energy efficiency and GHG reductions. A fuel 

emulsion of 20% water and 80% diesel was investigated for potential GHG, oxides of nitrogen (NOx) and 

particulate matter (PM) reductions from medium-speed diesel engines. The results using an International 

Standards Organisation (ISO) marine engine test indicated the potential for 30% reductions in the regulated exhaust emissions and an average reduction of 10% for CO2

.

Research continued on a PERD-sponsored university/government collaborative project to determine the 

concentration, composition and sources of airborne carbonaceous particles in Canada. Partners included 
Annual Report 2000 35

Natural Resources Canada (NRCan), Health Canada, National Research Council, Meteorological Service 

of Canada, and the ETC. This year, the Panel on Energy Research and Development (PERD) accepted 

the plan for a further four years of funding. The project is now applying the tools developed to generate 

the knowledge required to evaluate possible fuel and transportation standards and/or codes that may be 

needed to meet future particulate matter (PM) air quality objectives in Canada. The ETC is conducting the exhaust emissions measurements from transportation sources, and coordinating the analytical 

method development needed for chemical characterisation of particulate matter emitted from sources 

and in ambient air. Detailed emissions measurements of a number of advanced technology vehicles 

(gasoline direct-injection technology and advanced light-duty diesel vehicles) were made in an effort to 

understand the potential environmental benefits of these fuel-efficient vehicles. Emissions measurements 

designed to validate sampling and analytical methodologies were also undertaken. New particle-size-distribution-measurement and particle-counting instruments were commissioned and employed.

The state-of-the-art Scanning Laser Environmental Airborne Fluorosensor (SLEAF) prototype sensor was 

installed in the DC-3 aircraft and de-bugging largely completed on the unit. Specific software and hardware was developed. The earlier-generation Laser Environmental Airborne Fluorosensor (LEAF) was 

modified to make it available as a backup.

A final report on the first phase of evaluation of potential innovative processes applicable to the Sydney 

Tar Ponds (STP) was completed, using bench-scale testing on samples from the site. A number of technologies were investigated to determine their effectiveness at targeting and removing selected contaminants 

from the samples. Technologies were chosen based upon their previous performance at treating similar 

contamination, in addition to a few novel technologies that have shown promising bench-scale results.

A comprehensive report on applying and interpreting toxicity testing data was finalized and published. 

The guidance document is relevant to seven Environment Canada programs that use toxicity tests for 

assessing impacts and regulatory compliance (i.e., CEPA New Substances, CEPA Priority Substances, 

Ocean Disposal Permitting and Monitoring, Environmental Assessment, Contaminated Sites, Environmental Effects Monitoring, and Environmental Choice).

In a joint program with NRCan, the ETC designed and conducted a testing program to establish the best 

practices for light-duty vehicle idling, and cold and hot starting for reducing CO2 emissions. The work 

was conducted in both cold and warm ambient conditions. Additional work is planned for heavy-duty 

vehicles.

As part of a multi-year collaborative RandD program with Transport Canada and the marine industry, 

the ETC participated in the exhaust emissions measurement of a medium-speed marine diesel engine that 

powers the Cabot, a Ro-Ro vessel owned by Oceanex. This is the first stage of a development program to 

design, fabricate and implement a computer-controlled water injection system to reduce exhaust emissions from this type of heavy-duty engine application. 

Flaring is widely employed in Alberta to manage the disposal of waste hydrocarbon products from the 

oil and natural gas industries. Some of these flares have been identified as sources of odour, smoke and 

air-quality-related health concerns with local residents. In cooperation with NRCan’s Energy Technology 

Centre, screening studies were performed at the Flare Test Facility to determine the test parameters for 

the speciation of flaring emissions. The flare tunnel was designed to simulate the real-world conditions of 

cross winds under various fuel compositions.

In a joint program with New York State’s Office of Research on Heavy Duty Engine Emissions, the ETC 

participated in a complete characterization of the exhaust stream from a small fleet of New York City 

urban buses. New York State scientists set up their fine particulate characterization instrumentation at the 

ETC laboratory for a detailed analysis of particulate sizing and distribution. At the same time, the ETC 

collected gaseous sample for VOC, carbonyls, PAH/n-PAH (nitro-PAH), semi-VOC, and specific target 
36 Annual Report 2000 

compounds. The sampling and analysis was conducted on four buses with and without a Continuous 

Regenerative Technology (particulate filter) manufactured by Johnson-Matthey. 

The ETC provided exhaust emissions field-testing expertise and unique prototype instruments in a collaborative project with the City of Houston and United States Environmental Protection Agency (US 

EPA) to develop a test methodology for conducting emissions testing of off-road vehicles. A general test 

procedure was developed to measure the exhaust emissions from off-road vehicles while the vehicles were 

operated under normal in-service conditions. With this procedure, a fleet of 27 different vehicles was 

tested for emissions. The fleet included fire trucks while pumping water, Gradalls digging ditches, large 

industrial lawnmowers, street sweepers, and vacuum trucks.

The Great Lakes Binational Toxics Strategy (BNS) is a collaborative process by which the Ontario Region 

of Environment Canada, the US-EPA, and various other stakeholders work towards the goal of virtual 

elimination of targeted persistent bioaccumulative toxic substances (PBTS) resulting from human activities in the Great Lakes Basin. The primary emphasis of the BNS is to achieve toxic reductions via pollution 

prevention and other voluntary initiatives. Emission measurements for various PBTS are being undertaken at Ontario industrial facilities under the Great Lakes BNS. The first facility tested under this program was the Hospital for Sick Children in Toronto, where the ETC conducted source testing for various 

target compounds. These pollutants included PM, metals, PCDD/F, PAH), hexachlorobenzene (HCB), 

octachlorostyrene (OCS), and VOC. A preliminary survey was also completed at a base metal smelter in 

Timmins Ontario. Testing on this facility will be completed in the next fiscal year.

Residential wood combustion has been identified as a major source of PCDD/F in the atmosphere. In order 

to develop a sound reduction strategy, it is necessary to establish the difference in PCDD/F emissions from 

conventional and certified advanced-combustion stoves. The results of this work are needed to guide to the 

Canada Wide Standards (CWS) process and to update emissions factors used in calculating air emissions 

nationally. The testing program was a joint effort between a number of federal and provincial government 

organizations and industry stakeholders. The main participants included the ETC, the CWS Development 

Committee, Intertek Testing Services NA Ltd., and the Hearth Products Association of Canada. In addition 

to PCDD/F, samples of flue gas were collected and analyzed for PAH, VOC, and PM. The final report was 

released in Feb 2001 and will be posted on the Green Lane.

Both PCDD/F and HCB are Track-1 substances slated for virtual elimination. Industrial sectors/activities 

identified for the potential development of control options include base metal smelters, electric arc furnaces and sinter plants in the steel manufacturing industry. Since there are no North American stack-testing data for these sources, the Stakeholder Consultation (Strategic Options) Report for the Steel Manufacturing Sector recommended that source testing of representative Canadian operations be performed. 

In cooperation with the Minerals and Metals (2M) Division of the National Office of Pollution Prevention, the ETC measured emissions from the electric arc furnace at Gerdau Courtice Steel in Cambridge, 

Ontario. This program also investigated the effects of evaporative cooling on PCDD/F levels at the exit of 

the bag-house. These results are used to support the PCDD/F inventory for electric arc furnaces and setting Canada-wide Standards. Reviews were conducted of the independent sampling conducted at IPSCO 

in Regina and Alta Steel in Edmonton. A review was also conducted of US PCDD/F data from sintering 

plants and electric arc furnaces. A presentation was made at the 2000 National Consultation Workshop on 

the Development of Environmental Performance Standards for the Steel Sector. Discussions were undertaken with the 2M Division to identify future ETC support for the measurement of Track-1 substances 

from base metal smelters in Canada.

Research work was conducted on water-in-oil emulsion (‘chocolate mousse’) formation mechanisms. The 

work focused on the large-scale formation of emulsions including tank tests at the US federal OHMSETT 

facility in New Jersey. The emulsion formed after the ERIKA spill in France was studied and confirmed 

the formation mechanisms noted in the laboratory. Some work on the kinetics of emulsion formation was 

also completed. The data was entered into the Oil Properties database. Four research papers on this work 
Annual Report 2000 37

were published in the international AMOP Technical Seminar proceedings or other international oil spill 

conference proceedings.

Tests have been developed to evaluate the performance of biodegradation agents (both fertilisers and 

organisms), emulsion-breakers, and emulsion-preventers. The biodegradation tests for both salt and fresh 

water were finalised and are now broadly accepted. Dispersant research focused on quantifying the performance of several new dispersant formulations entering the market. The test procedure used to measure 

the laboratory effectiveness of oil spill dispersants became the American Society for Testing and Materials 

(ASTM) standard procedure. This was by request of the ASTM Committee on Oil Spills.

This new second edition was published of the popular Shoreline Cleanup Assessment Teams (SCAT) 

manual. It incorporates the experience of recent spill usage, contains new information, and was developed 

in consultation with the US National Oceanic and Atmospheric Administration, the Texas Government 

Land Office, and the California Oil Spill Preparedness and Response organisation to enhance uniformity 

and compatibility where modifications had occurred due to agency-specific adaptations.

The scientific results on the levels of substances like CO2, Volatile Organic Compounds (VOC), particulate 

matter (PM), and carbonyls, in the emissions and residues from meso-scale oil-burn experiments were 

published. A handbook on in-situ burning of oil spills was also published.

In collaboration with the US Minerals Management Service (USMMS), and sorbent manufacturers and 

distributors, the performance of a variety of commercial oil sorbents was tested and the results posted in a 

Sorbents Database on the ETC web site. In addition, in partnership with the Canadian Coast Guard (CCG), 

some specialised countermeasures equipment for pumping of heavy oils (annular water injection in 4- and 

6-inch hoses) was also tested. Progress continued within the American Society for Testing and Materials 

(ASTM) forum on the development of protocols for testing sorbents for chemical spills and for the performance-based evaluation of hazardous material and marine spill countermeasures equipment. A stateof-the-art review was completed on containment and recovery equipment used in fast-flowing waters. 

Additionally, a review and summary report were completed on marine oil/water separator systems.

A report was produced to summarize available spill countermeasure technologies and technology gaps for 

treating soil contamination caused by six selected CEPA toxics (arsenic, cadmium, chromium, benzene, benzidine, and creosote).

Various technology information transfer steps were taken to promote the increased use in Canada of the 

‘green’ MAPTM liquid-phase extraction Reference Method for organic compounds in a variety of matrices that has also been validated and approved by the US Environmental Protection Agency. Commercial 

equipment capable of performing the method is available through MAP licensees. The Reference Method 

is environmentally friendly and requires low solvent consumption (~90% volume reduction) and reduced 

energy usage (~99% reduction).

In 2000, Environment Canada - Quebec Region put into place pollution prevention programs in three 

sectors of national concern: textiles, aircraft maintenance, and dry cleaning.

Two Enviroclubs (20 small and medium-size businesses) were initiated. In support of the delivery of these 

clubs, the EPB-Quebec Region produced a guide for the identification and implementation of pollution 

prevention programs in businesses.

In 2000, the Quebec Region continued to measure atmospheric mercury and precipitation at sites in 

Saint-Anicet and Mingan. It also continued its studies of lindane in corn production; regional representatives joined a group of national experts to continue research and increase knowledge of the atmospheric 

lifecycles of pesticides.
38 Annual Report 2000 

QUEBEC

In 2000, the Quebec environment ministry authorized the expenditure of C$2 million to fund 11 technological research and development projects as part of the environment portion of the government’s funds 

for priorities in science and technology (Fonds des priorités gouvernementales en science et en technologie—

FPGST-E). Projects funded focused on water, air, soil, and on the management of residual materials and 

agricultural practices. During the same period, nine projects received grants totaling nearly C$1 million 

from the government’s research and development assistance program (Programme d’aide à la recherche 

et au développement—PARDE). This program is aimed primarily at developing strategic environmental 

knowledge for intervention programs connected with environmental quality and sustainable development according to the priorities of the environment ministry. The projects funded dealt with water and 

air management and with biodiversity conservation. In addition, a number of other programs handed out 

grants for various projects. These programs include Revi-Sols, a program for the rehabilitation of contaminated sites in urban areas; an assistance program for social economy enterprises in the area of residual 

materials management; and an assistance program for environmental priorities (Programme d’aide relatif 

aux priorités en environnement—PAPE). Also in 2000, a sustainable development fund was set up (Fonds 

d’action québécois pour le développement durable—FAQDD) 

The Quebec Action Plan on Climate Change 2000–2002 adopted in October 2000 includes provisions to 

fund both research and development projects and pilot projects as well as to carry out an opportunity 

study on setting up a climate change research institute.

Article 2(1)(e) Environmental Impact Assessment

The Canadian Environmental Assessment Agency (CEAA) is responsible for administering the federal environmental assessment process. In the 2000 fiscal year, federal departments and agencies reported a total of 

6,138 screenings and 8 comprehensive studies, in accordance with their environmental obligations under the 

Canadian Environmental Assessment Act. During the same time period, CEAA managed one panel review.

ALBERTA

Comprehensive environmental reviews were carried out for every approval issued under the Alberta 

Environmental Protection and Enhancement Act. This includes preparation of Environmental Impact 

Assessment reports for twenty-two major resource projects, as well as two fuel conversion projects that 

were screened. During the course of the year, the Minister of Environment halted a recreation project 

proposal that was subject to the environmental assessment review process. Public reviews were completed 

for five projects, three of which were subject to public hearings. Since the Canada-Alberta Agreement for 

Environmental Assessment Cooperation was signed in June 1999, the Alberta and federal governments 

have been working together in areas where each requires an assessment of the same proposed project. 

This includes the establishment of joint technical review teams and information sharing on new project 

proposals and timing of reviews.

QUEBEC

Quebec has applied its environmental assessment process to projects that fall under the Regulation respecting 

environmental impact assessment and review. Thus, in 2000, 81 projects were the examined under one step 

or another of the environmental impact assessment process in effect in southern Quebec. Fifteen of these 

project received governmental authorization, and 26 new projects were registered. The projects assessed 

break down as follows: 51 involving land (roads, landfill sites, high-voltage electric transmission lines), 19 

involving water (hydro generating stations, dredging, backfilling), and 11 involving industrial projects. 

With respect to the application of the James Bay and Northern Quebec Agreement, 46 projects were 

assessed, of which 25 were new files and 14 were decisions. The projects examined were related to road 
Annual Report 2000 39

infrastructure; caribou hunting; and the establishment of outfitting, mining, and waste burial operations.

The Quebec Action Plan on Climate Change 2000–2002 adopted in October 2000 includes a provision to 

set up a commercial pilot project for the reduction of greenhouse gas emissions. This project will experiment with national or international trade in emission reductions. Among other things, it will focus on 

learning to follow up on, monitor, and verify project results in a context of commercial trade.

Article 2(1)(f) Economic Instruments

The federal government has been taking action in the past few years to provide incentives for sustainability. Among these is the Ecological Gifts Program (1995) that improved the capital gains taxation of lands 

donated to conservation. The government has since made changes that provide preferential tax treatment 

to firms using energy-efficient equipment and equipment for the production and distribution of heat. 

They have also improved the tax treatment of rail assets to make this relatively energy-efficient mode of 

transport more competitive with trucking.

In December 2000, Environment Canada also sponsored, with the OECD, an international conference in 

Vancouver to share knowledge and experience on the application of economic incentives for environmental purposes. Environment Canada continues to work with other Departments, specifically the Department of Finance, on the exploration and development of potential applications of such instruments. 

With respect to climate change issues, Canada’s National Climate Change Process explored the use of 

economic instruments for greenhouse gas abatement. The Tradeable Permit Working Group published its 

report on the potential use of permit trading to reach a national emission target. Ministers of the environment and energy supported the creation of several federal/provincial/territorial working groups to inform 

them on key aspects of a national strategy to reduce greenhouse gases. These working groups include 

domestic emissions trading in their work plan as well as in-depth economic modeling of the potential 

benefits of emission trading.

In addition, the Government of Canada is exploring emissions trading in ongoing Canada-US Air Quality 

Agreement discussions. The Ozone Annex to the agreement opens the door to transboundary trading for 

NOx emissions. In the context of the Ozone Annex, Canadian and US officials have met to discuss transboundary trading and follow-up meetings are expected.

ALBERTA

The Government of Alberta continued its active support of stewardship programs. The industry-led program to recycle used oil, filters and containers uses varied Environmental Handling Charges at the wholesale product level and has reached return rates of 70%, 81% and 36% respectively. The scrap tire program, 

which currently places a $4.00 Advanced Disposal Surcharge on tires at the retail level, reached a milestone 

of 18 million tires processed since the program’s inception in 1993. The deposit-refund program for 

recycling beverage containers achieved a return rate of 75% and the Alberta Dairy Council’s voluntary 

stewardship program, set up to recycle plastic milk jugs, achieved a province-wide return rate of 48%.

The Alberta Leaders Environmental Approval Document (LEAD) Program began in 1999 as the Alberta 

Environment Alternative and Innovative Regulatory Approaches initiative. This is a voluntary emissions 

reduction program that gives positive recognition to facilities with exemplary performance histories. 

Consultations and a proposal for a test case were completed in 2000.

Alberta Environment has been supporting the work on Ecological Fiscal Reform by the National Round 

Table on the Environment and the Economy. Particular focus has been wetlands conservation and fiscal 

and other instruments that might be used in Alberta and more widely throughout Canada. 
40 Annual Report 2000 

QUEBEC

In Quebec, a bill was introduced to allow the use of economic instruments to reach environmental 

objectives.

■ Article 3—Levels of protection

Species at Risk Legislation

The federal government introduced Bill C-33, the Species at Risk Act (SARA), in the House of Commons 

on 11 April 2000. Bill C-33 was envisioned as part of Canada’s three-part strategy to protect species at 

risk, which includes stewardship programs and the Accord for the Protection of Species at Risk, as well as 

federal legislation. 

The proposed SARA would cover all wildlife species at risk and their critical habitats, and apply to all lands 

in Canada. The Bill set out a rigorous, independent scientific process to assess species and provided the 

Government of Canada with the mechanisms and powers to mandate plans for species recovery. Bill C33 would be complemented by a stewardship program to empower Canadians to take actions to protect 

habitat, and by the Accord for the Protection of Species at Risk that unifies the efforts of the provinces, 

territories and the federal government on this issue. This approach was designed to use incentives as the 

preferred way of protecting critical habitat, but would be backed up with strong prohibitions when necessary. Budget 2000 allocated $180 million over five years to implement the federal strategy. One quarter of 

these resources will be invested in stewardship activities across the country. 

Bill C-33 died on the Order Paper at the dissolution of Parliament when an election was called for November 2000. However, the Government planned to re-introduce species-at-risk legislation.

Additions to the List of Toxic Substances

On 10 June 2000, the following substances were proposed to be added to the List of Toxic Substances 

(Schedule 1) of CEPA 1999.

• Acetaldehyde

• 1,3-Butadiene

• Acrylonitrile

• Respirable particulate matter less than or equal to10 microns 

• Acrolein

In addition, Bromochloromethane, that has the molecular formula CH2BrCl, was proposed for addition 

to the List of Toxic Substances of CEPA 1999 on 2 June 2000.

NOx and VOCs

In December 2000, Canada and the United States signed the Ozone Annex to the Canada-United States Air 

Quality Agreement. This agreement commits the two countries to take action to reduce the emissions and 

transboundary flow of nitrogen oxides (NOx) and volatile organic compounds (VOCs). Both countries will 

report every two years on progress in reaching their targets and will, in 2004, revisit the agreement to see if 

further reductions are required.
Annual Report 2000 41

ALBERTA

In March 2000, the Government of Alberta announced the incorporation of Climate Change Central and 

provided $6 million over three years to establish its operations. Climate Change Central is led by a multisector board that includes Premier Ralph Klein as executive chair and David Tuer, Chief Executive Officer 

of Pan-Canadian Petroleum Ltd. and Dr. Lorne Taylor, Minister of Alberta Environment, as co-chairs. 

Climate Change Central is a unique partnership for action on climate change. Key focus areas include 

technological innovation, public outreach and education. Climate Change Central will implement strategies to remove obstacles and barriers to change, to adapt to climate change effects, and to improve energy 

efficiencies.

In 2000, Alberta continued its strong support for CASA and the operation of the comprehensive air management system through collaborative decision-making by industry, government and public interest organizations. Projects under CASA include: Acidifying Emissions Implementation Design, Animal Health, Climate 

Change, Particulate Matter and Ozone, Pollution Prevention/Continuous Improvement, and Priority Setting 

for Ambient Air Quality Guidelines. Four zonal air management systems (air sheds) have also been established 

to address sub-provincial scale issues. 

The key to CASA’s ongoing success is its ability to bring a very disciplined approach to the resolution of 

complex and volatile air issues such as flaring and target loading. The Acidifying Emissions Management 

Implementation Team presented a framework for managing acidifying emissions and acid deposition in 

Alberta. The Multi-Stakeholder Group (MSG) for Particulate Matter and Ozone developed a multi-stakeholder consultation process for providing advice to the Department in the development of Canada-Wide 

Standards (CWS) for particulate matter and ozone. In the fall of 2000, CASA convened a workshop on 

behalf of Alberta Environment to set priorities for ambient air quality guideline development over the 

next three years. 

In 2000, Alberta amended its “Ozone-Depleting Substances and Halocarbons Regulation” to expand the 

ODS schedule to include HCFCs, HFCs, and PFCs (where used as refrigerants); to ban the use of CFCs for 

recharging of mobile air conditioning systems; to require use of refillable containers only; and incorporate 

the “Halon Code of Practice.”

QUEBEC

In accordance with the program for the reduction of industrial waste, on 14 March 2000, Quebec signed 

a memorandum of understanding with the Québec Forest Industries Association concerning the process 

of issuing depollution attestations in the pulp and paper sector and, on 9 June, began to actually issue the 

attestations. By 31 December 2000, 20 attestations had been issued—nearly one-third of the pulp and 

paper mills affected by depollution attestations. The province is also in the final phase of revising its mining industry guidelines; it developed an effluent monitoring program for the aluminum-smelting sector; 

and, in March, launched a strategy for the management of ozone-depleting substances and their replacements. Bill 156, which concerns the protection of land and the rehabilitation of contaminated sites, was 

introduced for adoption in the National Assembly. Finally, under the St. Lawrence Vision 2000 Agreement, 

the Government of Quebec and the Federal Government jointly issued certificates of environmental recognition to 72 of 107 SLV-2000 industrial establishments; the SLV-2000 pollution prevention program 

also produced and distributed a promotional leaflet. Moreover, two environmental diagnoses were carried out as a pilot project; a bill on nature preserves on private land was introduced; the framework for 

a Quebec strategy on protected areas was introduced; and the general framework for the future Quebec 

water management policy was published. 
42 Annual Report 2000 

Quebec continued with prepublication of the regulation on the elimination of residual materials, amended 

its regulation on used tire storage, and set up a program to empty Quebec’s used tire storage sites. Quebec 

also proceeded with prepublication of a proposed amendment to the Drinking Water Regulation with a 

view to public consultations on updating quality standards, improving quality control, adjusting procedures for cases in which water quality standards are exceeded, requiring minimum treatment, and training 

operators. During the public consultations for the proposed modifications, Quebec received nearly fifty 

submissions from various stakeholders. Quebec also extended the moratorium on water exports from its 

territory until 1 January 2002.

The amendment to the Regulation respecting wastewater disposal systems for isolated dwellings came into 

force. This amendment was aimed primarily at allowing new technology in private treatment systems to be 

developed by introducing a mechanism whereby new technology can be certified by an organization recognized by the Quebec standards bureau (Bureau de normalization du Québec); the amendment also introduced classes of treatment and performance standards according to the courses of water and effluents.

■ Article 4—Publication

The following notices were published in Canada Gazette, Part I during 2000:

• Agreements Respecting Canada-Wide Standards for Benzene—Phase I, for Particulate Matter 

(PM) and Ozone, and for Mercury, in which jurisdictions agreed to meet reduction targets for 

ambient concentrations of these substances by 2010;

• Agreement Respecting Canada-Wide Standards for Dioxins and Furans, Mercury in Dental 

Amalgams, Mercury-containing Lamps, and Petroleum Hydrocarbons in soil; and,

• Notice of intent to recommend that Precursors to Respirable Particulate Matter Less than or 

Equal to 10 Microns (sulphur dioxide, nitrogen oxides, ammonia and volatile organic compounds) be added to the List of Toxic Substances in Schedule 1 to the Canadian Environmental 

Protection Act, 1999.

QUEBEC

Over the course of 2000, the Quebec environment ministry ensured that its legislation, regulations, procedures, and administrative decisions concerning the subjects covered under the NAAEC were published in 

a timely fashion and made available to the public, especially and systematically on the ministry’s Internet 

site, <http://www.menv.gouv.qc.ca>.

■ Article 5—Government Enforcement Action

2000 CEC Annual Report on Enforcement 

What’s New?

The majority of the provisions of the Canadian Environmental Protection Act, 1999 (CEPA, 1999) came 

into force on 31 March 2000. The sections related to “environmental protection compliance orders” 

(EPCOs) would not come into force until 31 March 2001. EPCOs are similar to “stop orders” and “cease 

and desist orders” available under environmental statutes of Canada’s provinces as well as under the environmental laws of other nations. Persons subject to EPCOs and ordered to return to compliance under 

such an order, are allowed to request review of the EPCO by a review officer. The Minister of Environment is required to appoint a roster of review officers and select one of them as the Chief Review Officer. 

This remains to be done, and the Minister is seeking qualified candidates for these positions.
Annual Report 2000 43

From an enforcement point of view, the most important aspects of CEPA, 1999 are:

1. the obligation imposed by Parliament on the Government of Canada to enforce the Act in a fair, 

predictable and consistent manner;

2. the obligation similarly imposed by Parliament on the Government of Canada to implement the 

precautionary principle in all aspects of its administration of the Act;

3. the granting of all the powers of a peace officer to CEPA enforcement officers;

4. the setting out of powers for analysts under the Act, giving them the authority to enter any place 

when accompanied by an enforcement officer, to take samples, to conduct tests and measures, 

and to examine data and documents. Analysts can be laboratory personnel, accountants (including those trained in forensic accounting), engineers, chemists, biologists and other environmental specialists who can bring their expertise to compliance verification and investigations;

5. the expansion of definitions such as that for “place” which leads to an expanded power of entry 

for enforcement officers and analysts;

6. inclusion of inspection warrants for abandoned premises or premises where an enforcement 

officer and/or an analyst has been refused entry;

7. the power given to enforcement officers to stop conveyances, such as trucks, trains, planes and 

ships, for inspection purposes;

8. expansion of the enforcement officer’s power to direct remedial measures, to deal not only with 

alleged illegal releases of toxic substances and discharges by federal facilities as under the previous CEPA, but also alleged illegal discharges of regulated substances in the context of international air pollution, international water pollution and environmental emergencies;

9. the provision of two new enforcement tools, including EPCOs (discussed above) and “environmental protection alternative measures,” which, like similar alternative measures for adult 

offenders under Canada’s Criminal Code and under the federal Young Offenders Act, allow negotiation of a compliance agreement once charges have been laid and with the requirement to 

register the agreement in court as a public document;

10. the obligation for directors, officers and executives of corporations to ensure compliance with 

CEPA, 1999 and its regulations – an obligation often referred to as a “duty of care”;

11. expanded subject matter for court orders; and,

12. guidelines to assist the courts in imposing sentences for CEPA, 1999 offenses.

It has been the policy of the federal Department of Justice that all federal departments publish compliance 

and enforcement policies that set out how they will administer the laws for which they are responsible. 

As was done for the previous Canadian Environmental Protection Act in force from 1988 to March 2000, 

Environment Canada prepared a Compliance and Enforcement Policy. The policy contains guiding principles including the following:

• Compliance with the Act and its regulations is mandatory;

• Enforcement officers will apply the Act in a manner that is fair, predictable and consistent. They 

will use rules, sanctions and processes securely founded in law;

• Enforcement officers will administer the Act with an emphasis on prevention of damage to the 

environment;

• Enforcement officers will examine every suspected violation of which they have knowledge, and 

will take action consistent with the Compliance and Enforcement Policy; and,

• Enforcement officers will encourage the reporting of suspected violations of the Act.

The policy strikes a balance between the promotion of compliance and enforcement activity. In addition, the 

chapter on “Measures to Promote Compliance” specifies the compliance promotion role of Environment 

Canada engineers and environmental scientists. The compliance promotion role for enforcement officers is 

necessarily more limited, in order that action by enforcement officers, including the inspections and investigations that an officer may carry out as well as the measures available to officers to enforce the law and restore 

compliance, do not conflict with the technical role of Environment Canada scientists and engineers. 
44 Annual Report 2000 

The document also contains a discussion of the new enforcement powers under CEPA, 1999 and how 

enforcement officers will use them. It sets out the factors that an enforcement officer must consider when 

choosing an action after investigation and confirmation of a violation of the Act or one of its regulations.

In May 2000, the Compliance and Enforcement Policy for CEPA, 1999 was published on the CEPA Environmental Registry, followed by a sixty-day comment period, which ended on 28 July 2000. The final text 

will be published both on the registry and in paper form within the first quarter of calendar year 2001.

Environment Canada’s National Enforcement Program: Action Plan 

Fisheries Act

A new Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act is being finalized, and the document, in draft form, will be available for public 

consultation in the near future. This policy was developed jointly by Environment Canada and the 

Department of Fisheries and Oceans over an eleven year period. Its purpose is to ensure consistency in 

the application of the pollution prevention provisions of the Fisheries Act by both Environment Canada 

and the Department of Fisheries and Oceans. The draft document incorporates guiding principles similar 

to those in the Compliance and Enforcement Policy for CEPA, 1999, in the context of an Act respecting 

the protection and conservation of fish, fish habitat and human use of fish. The draft policy must be 

approved first by the Deputy Minister of Environment Canada and the Department of Fisheries and 

Oceans. There will then be a sixty day period for public comment. It is anticipated that these steps will be 

completed and the policy in effect during calendar year 2001.

ALBERTA

In June of 2000, Alberta Environment published the Compliance Assurance Principles, which provide the 

minimum requirements for the development and delivery of legislation-specific compliance assurance 

programs, and are designed to do the following:

• describe Alberta Environment’s approach to ensuring compliance;

• maintain and enhance Alberta Environment’s credibility by ensuring consistency, clarity, and 

coordination in Alberta Environment’s compliance assurance activities;

• embody Alberta Environment’s vision and direction for the future of its compliance assurance programs (i.e. this is a forward looking document, it does not merely describe existing 

approaches); and

• provide standards for assessing and measuring the effectiveness and efficiency of Alberta Environment’s compliance assurance activities.

MANITOBA

Following the fall 1999 election, a new administration took over the provincial government of Manitoba. 

Manitoba Conservation integrates the former Departments of Environment, Natural Resources and Energy. 

The new department’s mission is to conserve the use of energy and natural resources, protect the integrity of 

the environment, minimize the impacts from natural disasters; while optimizing opportunities for sustainable economic benefits and recreation. The vision is that Manitobans will enjoy, and prosper in, a healthy 

environment from sustained energy and an abundance of diverse natural resources. The former Natural 

Resources and Environment departments continue to report their enforcement statistics separately.

Compliance and Enforcement

For those involved in law enforcement programs, the goal is compliance, and in 2000, Environment 

Canada (EC), Quebec Environment (MENV), Manitoba Conservation (MC), and Alberta Environment 
Annual Report 2000 45

(AENV) continued to promote compliance with legislation by providing information in printed form and 

on the Internet, at seminars, conferences, meetings with the regulated community, bulletins and other 

publications for specific audiences and publication of the names of those found guilty by the courts.

The monitoring of compliance by the federal, provincial and territorial governments is aided by regulatory requirements to submit information, permits, licenses and other authorizations that are required 

for many activities, such as the transboundary movement of hazardous wastes, ocean disposal, international trade in endangered species, hunting and trapping, and activities that pose a risk of releasing toxic 

substances and contaminants into the environment. For example, in fiscal year 99/00, Environment 

Canada processed 6,220 notices for proposed international shipment of hazardous wastes and 44,059 

manifests associated with actual shipments. Approximately 99% of these are between the United States 

and Canada. 

Licences, Permits and Authorizations

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to which 

more than 130 countries are signatories, helps to control the international trade in endangered and protected species. 

The following table summarizes the CITES permits that were issued in Canada during 2000. 

Canada 188 7135 216 36

Alberta1 NA

British Columbia 1867

Manitoba 1218

New Brunswick 403

Newfoundland 92

NWT 110

Nova Scotia 34

Ontario 932

PEI 1

Quebec 1038

Saskatchewan2 649

Yukon 254

Nunavut 2

TOTAL 188 13735 36

1

Alberta does not issue CITES export permits. Source: CITES Office, Canadian Wildlife Service

CITES Permits issued in Canada during 2000

Jurisdiction Import Export Export/import (temporary) Scientific 
46 Annual Report 2000 

Training

Environment Canada, Manitoba Conservation, Quebec Environment and Alberta Environment all have 

specialized training courses for their respective enforcement staffs. Courses are specifically designed to 

accommodate needs as they emerge as a result of variables such as changing priorities, or new or updated 

legislation and regulations. 

In order for EC enforcement officers to employ new authorities and enforcement tools under CEPA, 1999 

in a way that ensures their safety as well as the safety of the public, training was provided to enforcement 

managers and staff in several areas, including:

• Applied Peace Officer Sciences

• Enforcement Officer Safety and Defensive Tactics

• Driver Training and Vehicle Safety

During 2000, approximately 200 staff members received enforcement-related training in the following 

courses:

• General Enforcement Training (GET) for CEPA enforcement officers;

• Wild Animal and Plant Protection and Regulation of International and Inter-provincial Trade Act 

(WAPPRIITA) Course for Environment Canada wildlife enforcement officers;

• WAPPRIITA Course for Customs Officers (Ontario);

• Negotiations Skills Training Course for CEPA enforcement officers;

• Annual Firearms Training for Wildlife Officers;

• Forensic Interviewing Course;

• Safe Boat Handling Course; 

• World Customs Organizations CITES training course;

• Migratory Bird Enforcement and Waterfowl Identification (Prairie and Northern Region);

• Storage of PCB Material Regulations (under CEPA, 1999);

• (9mm) Firearms Conversion Course for wildlife officers;

• Metal Mining Liquid Effluent Regulations (under the Fisheries Act);

• Ocean Disposal Regulations (under CEPA, 1999); and, 

• NEMISIS (computer-based information recording and management system for enforcement 

data)

MANITOBA

During fiscal year 00/01, Manitoba Conservation provided training for approximately 75 Environment 

Officers and 135 Natural Resource Officers. 

ALBERTA

Alberta Environment ensures that all enforcement staff receive training in the skills required to fulfill the 

Department’s enforcement mandate. Some areas in which enforcement staff receive training include, but 

are not limited to, the following:

13. Legislation: training is provided to familiarize enforcement staff with the legislation relevant to 

the service area where the investigator or Conservation Officer works, including the authority, 

powers and duties of enforcement staff. This training provides a fundamental understanding 

of all legislation that enforcement staff are empowered to enforce;

14. Basic investigative skills: note-taking, photographic techniques, maintenance of investigation 

diary, and other requisite skills are developed through both course instruction and mentoring;
Annual Report 2000 47

15. Basic and advanced interviewing skills and statement collection, forensic interviewing and 

statement analysis skills;

16. The Canadian Charter of Rights and Freedoms as it relates to the rights of a potentially 

accused person, the recognition of officially induced error, and the evaluation of due diligence;

17. Securing and protecting evidence, requirements for “Chain of Custody” and handling exhibits, 

preparation and execution of search warrants;

18. Communication and conflict management skills;

19. Basic and advanced sampling techniques for all matrices (liquid, solid, and gaseous);

20. Data acquisition and management systems;

21. Courtroom procedures;

22. Firearms qualification and re-certification (Conservation Officers only);

23. Defensive tactics (Conservation Officers only); and,

24. Water safety and small vessel training (Conservation Officers only);

The training received by Alberta Environment staff during the last fiscal year can be broken down as follows:

• Pollution Control Training: Approximately 200 person-days of specialization training, including advanced interviewing techniques, advanced sampling, and other innovative techniques 

training. There was no program of basic training for new investigator recruits for the last fiscal 

year. The number of person-days of instruction does not reflect training for re-certification for 

specialized functions (e.g., Pollution Emergency Response).

• Wildlife and Fisheries Training: 43 recruits received 22 weeks of intensive instruction specific 

to the role of the Conservation Officer in Alberta. Where Conservation Officers received additional or re-qualification training for specific functions (e.g., chemical immobilization techniques, firearms re-qualification, specialized water craft instruction, search-and-rescue training, etc.) account for a vast number of person-hours, where up to 100+ participants attend 

multi-day training programs. This training is ongoing.

QUEBEC

Among other training programs, Quebec implemented a program to train municipal inspectors in charge 

of enforcing the Regulation respecting wastewater disposal and treatment for isolated dwellings.

In 2000, the Quebec ministry of environment offered enforcement- and inspection-related courses on the 

following topics: the import and export of dangerous materials, the Act respecting the access to information 

held by public bodies, the new regulations on drinking water quality, the industrial waste reduction program (paper mills), the Transportation of Dangerous Substances Regulation, the regulation respecting the 

elimination of residual materials, testifying in court, environmental emergencies, and the program “environment-beaches.” It also offered a soil treatment seminar, workshops on residual materials management 

and on solid wastes, an agricultural conference, a seminar on biosolids, a regional conference on agro-environment, training in groundwater for the wood processing industry, basic emergency training, and training 

in potable water. And it offered courses in residual fertilizer management, integrated domestic residual 

materials management, watershed management, bovine manure management, and manure storage. 
48 Annual Report 2000 

Inspections

On-site and off-site inspections that involve the verification of obligatory information, submitted to the 

Minister of Environment by regulatees, are undertaken to confirm compliance with regulations. Investigations are normally carried out when non-compliance is discovered. Each year, the Enforcement Branch 

of Environment Canada and the five regional offices prepare an inspection plan that targets specific priority regulations. Such a plan is formulated using criteria that includes: the number and types of targeted 

populations or activities; the profiles, compliance histories, operational complexity and capacities of the 

target companies; the environmental significance and geographic scale of their operations; and the nature 

of the applicable regulatory provisions. 

Likewise, Alberta Environment and Quebec Environment prepare plans for their respective jurisdictions. 

Manitoba Conservation follows a systematic inspection program for the industrial, municipal, agricultural, and natural resources sectors. As well, consideration and response are given to tips, complaints and 

referrals from the public or other agencies. Quebec has conducted approximately 14,000 inspections and 

initiated approximately 200 inquests.

Among the inspections which took place over the course of 2000, approximately 2,143 were conducted by 

EC’s wildlife inspection staff under the federal WAPPRIITA, (which implements Canada’s commitment 

to the Convention on International Trade in Endangered Species (CITES)). In 2000, EC’s environmental 

protection inspection staff conducted 2,027 inspections under CEPA, 1999 , and 1525 under the Fisheries 

Act during the same period. 

ALBERTA

Alberta Environment administers many acts and regulations in fulfillment of the Department’s regulatory 

and enforcement role. Compliance is assessed by conducting inspections, reviews, and audits of regulated 

activities to verify compliance with the applicable statutory requirements.

Alberta Environment establishes targets for compliance assessments for measuring compliance with the 

legislation administered by the Department. Compliance assessments take the form of unannounced 

site inspections or patrols, reviews of compulsory reports required by statute, authorization or Code 

of Practice, and audits to verify that designated methods of data gathering and collection meet quality 

control/quality assurance objectives. This information is published for annual release to the public, and 

provides details of compliance assurance activities for the fiscal year, as well as projections for targets for 

the coming year.

Achieving a high rate of compliance through education of regulated parties about their statutory obligations, and maintaining a high profile within the regulated community are key objectives of Alberta 

Environment’s compliance assurance work. The degree of success for these endeavors is substantiated by 

the high rate of compliance within the sectors regulated by the Department. The proactive, unannounced 

industrial inspection program for industries with approvals or authorizations shows that most non-compliance cases are relatively minor in nature, are rectified voluntarily or on a co-operative basis with the 

Department, and have little or no potential for environmental impact. 

Most enforcement responses under the Environmental Protection and Enhancement Act (EPEA) reflect the 

reactive side of the Department’s compliance assurance business for this regulatory area. The importance of 

identifying non-compliance with the legislation via information from routine complaints, contacts initiated 

by informants or other agencies, or mandatory reporting under EPEA cannot be overstated. Non-compliance identified through these less predictable sources constitutes the primary source of investigative and 

enforcement actions under EPEA. 
Annual Report 2000 49

The opposite holds true for enforcement actions under the fisheries and wildlife legislation. Most noncompliance is identified through proactive compliance checks of individuals using the resources that are 

regulated under the fisheries and wildlife legislation. In most instances, non-compliance with the fisheries 

and wildlife legislation brings an immediate enforcement response.

The high numbers of users checked, and the volume of compliance assurance work done in this regulatory 

area, shows a rate of compliance that is consistently in the mid- to high-ninetieth percentile despite the 

seemingly high number of charges laid under the legislation. This suggests that the high profile of Alberta 

Environment’s Conservation Officers within the community, and the ongoing education efforts by this 

service area, continue to produce consistently high results in achieving high rates of compliance within 

this regulated community.

Table Five shows the details of the enforcement actions undertaken by these service areas of Alberta Environment during the 1999–2000 fiscal year. The figures expressed for convictions include convictions for 

charges laid during the previous fiscal period. Conversely, charges laid during the 1999–2000 fiscal year 

may not be resolved at some point in time beyond this fiscal period.

The annual compliance assessment plan targets activities and operations based on the following criteria:

• A broad range of regulated activities and operations are assessed for compliance.

• Over the long term, a sample of each regulated community will be assessed.

• Targets set for particular activities/operations are based on environmental/resource management priorities including:

 - risk to the resource or environment associated with a particular activity/operation

 - the history of compliance of the regulated parties associated with the activity/operation

 - information on trends and emerging issues determined from strategic analysis

The compliance assurance activities undertaken by Alberta Environment are summarized as follows:

1. Environmental Protection and Enhancement Legislation (Alberta, for fiscal year ending 31 March 2000)

• 5,882 compliance assessments (225 inspections, 5,560 reviews, 97 audits) were completed on 

industrial facilities;

• 2,047 compliance assessments (590 inspections, 1457 reviews) were completed on municipal 

(potable water and wastewater) facilities;

• 42 inspections were completed on activities or facilities that are regulated by a Code of Practice 

under EPEA;

• 109 inspections were completed on pesticide related activities under EPEA;

• 357 inspections were completed on activities where land conservation and land reclamation 

work was being completed; and,

• 3,446 compliance assessments (3,266 inspections, 180 reviews) were completed on reclamation 

certificate applications;

2. Fisheries Legislation (Alberta-for the calendar year 2000)

• 54,867 anglers were checked in Alberta during 2000;

• 272 commercial fisheries operations were inspected for a total of 1,443 individual inspections;

• 127 inspections were completed on fish processing facilities during 2000; and,

• 325 inspections of subsistence fishers were conducted in 2000.

3. Wildlife Legislation (Alberta)

• 35,952 hunters were checked in Alberta during 2000;
50 Annual Report 2000 

• 260 subsistence hunters were checked in 2000;

• 176 inspections were completed on activities regulated by the Wild Animal and Plant 

Protection and Regulation of International and Interprovincial Trade Act (federal);

• 779 inspections were completed on commercial operators, including guides and outfitters, 

meat processors, fur dealers, and taxidermists; and

• 53 inspections were completed on various wildlife facilities (i.e., zoos, game farms, 

and elk farms). 

Information Management and Reporting

All parties maintain records of key enforcement activities, including inspections, investigations, warnings 

issued, and prosecutions. Alberta Environment and Quebec Environment have computerized databases 

that track enforcement activities, including incident reviews, inspections and investigations. Likewise, 

Manitoba Conservation maintains records of similar enforcement activities through alternate recordkeeping systems. 

During the fiscal year 99/00, Manitoba Conservation’s Environment Officers recorded 17,099 inspections 

and 3,512 complaints, which reflect environmental and public health enforcement activities. A total of 

205 charges were laid and 355 warnings and 72 orders were issued. MC Natural Resource Officers are 

responsible for enforcement of wildlife protection and other legislation. There were 345 prosecutions 

and 113 warnings issued under The Wildlife Act in 99/00. They are assisted in their job by the province’s 

“Turn-in-Poachers” toll-free hotline which received 758 calls during the year. 

There is a legislated requirement for Environment Canada to report to Parliament annually on the implementation of the Canadian Environmental Protection Act (CEPA) and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRITTA). EC also contributes to 

the Department of Fisheries and Oceans Annual Report to Parliament on the Fisheries Act. The 99/00 

fiscal year report is available at <http://www.dfo-mpo.gc.ca/habitat/annrep97/english/index_e.htm >.

The CEPA Environmental Registry, established under CEPA,1999, stores materials noted in the list below. 

These are available to the public at <http://www.ec.gc.ca/CEPARegistry/default.cfm>.

• Enforcement and Compliance Policy for CEPA, 1999

• Notices published under CEPA, 1999 in the Canada Gazette

• Annual Reports on the administration and enforcement of the Act, including a description of 

research carried out under CEPA, 1999

• CEC Annual Reports on Enforcement (when they deal with CEPA, 1999 issues)

• Historical court decisions on guilty parties

• Press releases and media advisories

• The complete legislative text of CEPA, 1999 and its regulations 

• Brief “plain language” summaries of CEPA, 1999 regulations

• Enforcement activities reports and enforcement statistics 

• Compliance Reports related to CEPA, 1999 regulations

• International Conventions/Accords that Canada has signed and are implemented in Canada 

by means of CEPA, 1999 and its regulations. (e.g., The Basel Convention on the transboundary 

movement of hazardous wastes, The London Convention on the disposal of wastes at sea)

• Proposed new regulations under CEPA, 1999 and the amendment of existing regulations

• Substances Lists, including the Toxic Substances List, the Domestic Substances List, the Export 

Control List, and the Priority Substances List

Enforcement of environmental and wildlife legislation for all parties is conducted within the context of 

the overall Canadian legal framework, which includes the Canadian Charter of Rights and Freedoms, the 

Criminal Code, the Privacy Act, Access to Information Act, Mutual Legal Assistance Act, and the Canada Evi-
Annual Report 2000 51

dence Act. Most federal, provincial and territorial environmental and wildlife legislation provides for the 

authority to search, seize and detain under the rules established by legislation. In Quebec, their provincial 

Charter of Rights and Freedoms, Civil Code and Penal Code are in effect as well. 

2000 Enforcement Information/Statistics

Environment Canada Enforcement Information.

Enforcement information, reports and statistics can be found on EC’s web site at 

<http://www.ec.gc.ca/enforce/homepage/english/index.htm>. 

Provincial Statistics

QUEBEC

For the ministry of the environment, information concerning enforcement in Quebec is available at 

<http://www.menv.gouv.qc.ca>. Statistics on convictions appear in the table below.

Acts and Regulations Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Total

Environmental Quality Act 7 14 10 11 3 9 6 7 10 12 6 4 99

Regulation respecting the quality 

of the atmosphere 4 5 2 2 1 1 1 4 3 1 1 1 26

Regulation respecting pits 

and quarries 1 - 2 - - - - - - - 1 - 4

Regulation respecting solid waste 2 3 3 1 5 1 2 - 2 5 2 1 27

Act on the sale and distribution 

of beer and soft drinks in nonrefillable containers- 1 - - - 1 - 2 - - 2 - 6

Regulation respecting the 

prevention of water pollution in 

livestock operations

- 1 - - - - - - 1 - - - 2

Regulation respecting the 

reduction of agricultural pollution - 1 - 2 1 3 - - - - - 1 8

Regulation respecting public 

wading and swimming pools - 1 - - - - - - - - - - 1

Regulation on dangerous 

substances - - 2 1 1 1 - - 1 1 - 2 9

Hazardous Waste Regulation - - - - 1 - - - 2 - - - 3

Pesticides Act - - - - - - - - - - 1 - 1

Act on ecological reserves - - - - - - - - - - 1 2 3

TOTAL 14 26 19 17 12 16 9 13 19 19 14 11 189

15, 500

54, 200

44, 400

29, 300

98, 300 24, 100

42, 51335, 15018, 360

26, 450

388, 273

FINES

Table one • Statistics on Convictions–2000, Quebec

Quebec Ministry of the Environment
52 Annual Report 2000 

These statistics cover the full range of enforcement activities for which Manitoba Conservation is responsible.

Program Activity (mandated) Number of Inspections Complaints Responded To 

PUBLIC HEALTH ACT

Food Service Establishments 3,935 438

Temporary/Seasonal Food Service 640 7

Retail Food Stores 674 152

Mobile Food Units 117 2

Food Processors 450 53

Uninspected Meat Processors 72 4

Public Water Supply 376 43

Swimming Facilities 679 34

Industrial and Construction Camps 18 3

Recreational Camps 50 3

Public Accommodation 140 19

Care Facilities 416 19

Total 7,567 777

ENVIRONMENT ACT

Waste Disposal Grounds 681 146

Livestock Production Operations 1,142 119

Municipal Wastewater Facilities 367 27

Scrap Processors and Auto Wrecking 14 5

Agricultural Operations 13 2

Mining Operations 36 4

Forestry Operations 50 15

Manufacturing and Industrial Plants 210 73

Recreational Developments 7 1

Incinerators 34 4

Water Development/Other EA Licences 239 63

Total 2,793 459

DANGEROUS GOODS HANDLING and TRANSPORTATION ACT

Petroleum Storage Facilities 836 25

Pesticide Storage and Container Facilities 161 29

PCB Storage Facilities 21 -

Anhydrous Ammonia 95 -

Hazardous Wastes Sites 284 65

Dangerous Goods Handling and Transportation 65 4

Contaminated Sites 515 21

Total 1,977 144

REQUEST/RESPONSE ORIENTED PROGRAMS

Subdivision, Landsplits, Planning Schemes and Development Plans 783 131

Litter 878 681

Campgrounds 22 1

Dwellings and Buildings 1,090 819

Private Water Supplies 320 33

Insanitary Conditions 177 146

Communicable Disease Investigations 101 65

Private Sewage Disposal 886 153

Other (Crop Residue, Ozone, WRAP, NSHPA) 505 191

Total 4,762 2,220

Grand Total 17,099 3,600

Table two • Environmental Sector Program Operating Statistics: 1999/00, Manitoba

(The scope of MC’s responsibilities include, but are not limited to, environmental matters.)
Annual Report 2000 53

ALBERTA

Alberta Environment administers many acts and regulations in fulfillment of the Department’s regulatory 

and enforcement role. Compliance is assessed by conducting inspections, reviews, and audits of regulated 

activities to verify compliance with the applicable statutory requirements. The enforcement activities 

undertaken by Alberta Environment for the 1999–2000 fiscal year are presented in Table Five.

Alberta Environment maintains an Internet web site for public access to information about the programs 

and initiatives undertaken by the Department. The “Compliance Assessment and Enforcement Activities 

Annual Report”, which describes the compliance assurance activities undertaken by Alberta Environment 

per each fiscal year, and the calendar year statistics reports, which include details of concluded charges, are 

available for public viewing at <http:/gov.ab.ca/env/protenf/enforcement/index.html>.

Legislation Charges 

Laid Convictions Formal Warnings Issued

Director/EO/MOH 

Orders Issued Fines Imposed

The Dangerous Goods Handling and 

Transportation Act 123 120 26 12 28,207.00

The Environment Act 63 54 213 36 28,547.00

The Contaminated Sites Remediation Act - - - - - 

The Ozone Depleting 

Substances Act 1 1 2 1 294.00

The Public Health Act 17 14 91 21 4,189.00

Municipal By-laws 1 1 23 - 150.00

TOTAL 205 190 355 70 $61,387.00

Table three • Enforcement Statistics 1999–2000 Fiscal Year, Manitoba

Legislation Environmental 

Protection and 

Enhancement Act

and Regulations

Fisheries Act

and 

Regulations

Wildlife Act

and 

Regulations

Water Act

and 

Regulations

Parks 

and 

Protected Areas

Criminal Code 

of Canada and 

associated Acts

and Regulations 

Other Acts 

and 

Regulations*

Enforcement Response

Actions / Penalties Actions / Penalties Actions / Penalties Actions / Penalties Actions / Penalties Actions / Penalties Actions / Penalties

Prosecution 93 / $283,257 1,779 / $198,094 1,656 / $289,458 n/a 533 / $17,131 48 / $1,482 2,556 / $217,140

Administrative 

Penalty 34 / $137,000 n/a n/a n/a n/a n/a n/a

Enforcement Order 3 / n/a n/a n/a n/a 11 / n/a n/a n/a

Env. Protection 

Order 15 / n/a n/a n/a n/a n/a n/a n/a

Warning (Written) 87 / n/a 674 / n/a 455/n/a 30 / n/a 285 / n/a 5/n/a 308 / n/a

Warning (Verbal) n/a 8 / n/a 33 / n/a n/a 4/n/a 1 / n/a 1 / n/a

Sub-Total 232 / $420,257 2,461 / $198,094 2,144 / $289,458 30 / n/a 833 / $17,131 54 / $1,482 2,865 / $217,140

* Other statutes enforced by Alberta Environment include the Off-Highway Vehicle Act and Regulations, the Small Vessel Regulation, the Boating, Restriction 

Regulation, the Gaming and Liquor Act and Regulation, the Highway Traffic Act and Regulations, the Motor Vehicle Administration Act, the Petty Trespass Act, and 

the Provincial Offences Procedure Act.

Table four • Summary of Enforcement Actions 1999–2000 Fiscal year, Alberta
Legislation Charges Laid* Charges Concluded Convictions Pending (charges 

not concluded)*

EPEA 41 31 18 17 

Pesticides Sales, Handling,.... 19 0 0 19 

Pesticide (Ministerial Regulation) 0 0 0 0 

Waste Control 0 0 0 0 

Substance Release 1 1 1 0 

EPEA and Regs Subtotal 61 32 19 36 

Fisheries (Alberta) Act 288 196 160 ** 

General Fisheries (Alberta) Regulation 77 23 20 ** 

Fisheries Act (federal) 39 44 16 ** 

Alberta Fishery Regulation 1,548 1,161 1,001 ** 

Fisheries Act and Regs Subtotal 1,954 1,424 1,197 ** 

Wildlife Act 1,546 1,228 786 ** 

Wildlife Act Regulations 135 111 72 ** 

Migratory Bird Convention Act (federal) 1 1 1 ** 

Migratory Birds Regulation 1 1 1 ** 

Wild Animal and Plant Protection and Regulation of International 

and Interprovincial Trade Act (federal) 4 2 1 ** 

Wildlife Act and Regs Subtotal 1,687 1,343 861 ** 

Forests Act 101 47 37 ** 

Forest and Prairie Protection Act 6 5 3 ** 

Timber Management Regulation 0 1 0 0 

Forest Land Use Zone Regulation 9 5 5 ** 

Forest Recreation Regulation 1 0 0 ** 

Forestry Acts and Regs Subtotal 117 58 45 ** 

Provincial Parks Act 532 345 306 140 

Wilderness Areas, Ecological Reserves and Natural Areas Act 1 0 0 ** 

Provincial Parks Act and Regs Subtotal 533 345 306 140 

Public Lands Act 0 0 0 0 

Mines and Minerals Act 0 0 0 0 

Exploration Regulation 0 0 0 0 

Public Lands Act Subtotal 0 0 0 0 

Water Act 0 0 0 0 

Water Management Subtotal 0 0 0 0 

Controlled Drugs and Substance Act 1 0 0 1 

Criminal Code 49 45 13 14 

Boating Restrictions Regulations 2 2 2 0 

Gaming and Liquor Act 475 320 279 108 

Gaming and Liquor Regulation 474 377 342 43 

Highway Traffic Act 179 139 124 16 

Liquor Control Act 4 1 0 4 

Motor Vehicle Administration Act 264 177 152 46 

Off-Highway Vehicle Act 354 262 250 20 

Off-Highway Vehicle Regulation 32 26 26 2 

Petty Trespass Act 3 2 1 2 

Provincial Offences Procedures Act 64 34 18 35 

Small Vessel Regs 36 31 28 4 

Storage, Display, Trans. and Handling of Fireaarms by Individuals 

Reg. 1 1 0 0 

Other Acts and Regs Subtotal 1,938 1,417 1,235 295 

TOTALS 6,288 4,619 3,663 471 

* These data cannot be compared to each other or unshaded portions of this table. ** These data were not available at the time of the report. Charges Laid—includes all charges laid 

during the report period. Charges Concluded—includes Charges that resulted in a conviction, acquittal, charges withdrawn, stayed, or dismissed. Pending—includes charges laid 

before or during the report period that have not been concluded. Prosecution Penalties—includes penalty and creative sentencing amounts Days in Jail—does not include days in lieu 

or default days Suspensions—include licences (e.g., Wildlife Act), approvals. Appeals: includes appeals of charges to higher level court, administrative penalties and orders appealed to 

EAB for EPEA legislation, and Administrative penalties appealed to a director for Forestry and Public Lands legislation. Admin Penalty #’s—indicates number of parties who received 

an administrative penalty Orders—Environmental Protection Orders (EPO), Emergency Environmental Protection Orders (EEPO), Enforcement Orders (EO), Enforcement Orders 

(Waste), Eviction Orders, Ministerial Orders

Table five • 1999–2000 Enforcement Activities, Alberta
Prosecution 

Penalties $$

Jail Days Suspensions Appeals Court Orders Written 

Warnings

Admin 

Penalties #s

Admin 

Penalties $$

Orders

$56,680.00 0 0 5 0 81 27 $154,000.00 14

$0.00 0 0 0 0 5 0 $0.00 0

$0.00 0 0 0 0 2 0 $0.00 0

$0.00 0 0 0 0 10 1 $2,500.00 0

$115.00 0 0 0 0 0 0 $0.00 0

$56,795.00 0 0 5 0 98 28 $156,500,00 14

$17,061.00 5 5 ** 0 191 n/a n/a 0

$3,362.00 0 1 ** 0 20 n/a n/a 0

$4,870.00 4 0 ** 0 6 n/a n/a 0

$164,475.00 24 66 1 0 302 n/a n/a 0

$189,768.00 33 72 1 0 519 n/a n/a 0

$310,031.50 249 284 1 0 196 n/a n/a 0

$12,209.00 12 15 ** 0 27 n/a n/a 0

$100.00 0 0 ** 0 6 n/a n/a 0

$200.00 0 0 ** 0 0 n/a n/a 0

$7,000.00 0 0 ** 0 0 n/a n/a 0

$329,540.50 261 299 1 0 229 n/a n/a 0

$2,428.00 0 0 ** 0 32 4 $10,817.84 0

$250.00 0 0 ** 0 2 n/a n/a 0

$0.00 0 0 ** 0 25 13 $8,236.50 0

$430.00 0 0 ** 0 6 n/a n/a 0

$0.00 0 0 ** 0 1 n/a n/a 0

$3,108.00 0 0 ** 0 66 17 $19,054.34 0

$13,532.00 0 6 ** 0 149 n/a n/a 135

$0.00 0 0 ** 0 1 n/a n/a 0

$13,532.00 0 6 ** 0 150 n/a n/a 135

$0.00 0 0 ** 0 64 36 $58,623.05 0

$0.00 0 0 0 0 ** 2 $15,000.00 0

$0.00 0 0 0 0 ** 2 $15,000.00 0

$0.00 0 0 0 0 64 36 $58,623.05 0

$0.00 0 ** 0 0 ** 0 $0.00 0

$0.00 0 ** 0 0 ** 0 $0.00 0

$0.00 0 0 0 0 0 n/a n/a 0

$2,779.00 0 1 0 0 2 n/a n/a 0

$200.00 0 0 0 0 0 n/a n/a 0

$37,317.00 0 5 0 0 19 n/a n/a 0

$39,355.00 0 23 0 0 4 n/a n/a 0

$11,211.00 0 8 0 0 9 n/a n/a 0

$0.00 0 0 ** 0 0 n/a n/a 0

$61,224.00 120 10 0 0 56 n/a n/a 0

$17,232.00 0 15 0 0 63 n/a n/a 0

$757.00 0 0 0 0 5 n/a n/a 0

$75.00 0 0 0 0 0 n/a n/a 0

$1,927.00 0 1 0 0 0 n/a n/a 0

$3,307.00 0 2 0 0 6 n/a n/a 0

$0.00 0 0 ** 0 0 n/a n/a 0

$175.384.00 120 65 ** 0 164 n/a n/a 0

$768,127.50 414 442 7 0 1,290 83 $249,177.39 149

Internet References:

EC < http://www.ec.gc.ca/enforce/homepage/english/index.htm >

ME <http://www.gov.mb.ca./environ/prgareas/enforce.html >

AENV < http://www.gov.ab.ca/env/protenf/enforcement/Jan-Dec99_CalendarYearStats.pdf >

MENV < http://www.mef.gouv.qc.ca/>
■ Article 6—Private Access to Remedies

Persons with a recognized legal interest have access to remedies before administrative tribunals and the 

courts. Interested persons, in addition to being able to institute private prosecutions, may also put forth to 

a competent authority, a request to investigate alleged violations of environmental laws and regulations.

For example, CEPA, 1999 provides statutory authority for a person to apply to the Minister of the Environment for an investigation concerning any alleged offence under that Act. As well, persons with a 

recognized legal interest in a particular matter have access to administrative, quasi-judicial and judicial 

proceedings for the enforcement of Canada’s environmental laws and regulations. In this regard, CEPA, 

1999 has introduced the concept of “environmental protection actions” which allow any person to seek a 

court order prohibiting a continued violation of the statute and/or to mitigate harm caused by a violation 

of the statute. As well, CEPA, 1999 provides the statutory authority to request the review of administrative 

decisions or proposed regulations.

In 2000, the complaints office of Quebec’s Ministry of the Environment received 85 complaints, of which 

10 were related to quality of services and 75 related to environmental issues. 

■ Article 7—Procedural Guarantees

Canada has administrative, quasi-judicial and judicial proceedings available for the enforcement of environmental laws and regulations. Both the Canadian Charter of Rights and Freedoms and the courts have 

ensured that persons are given an opportunity, consistent with the rules of procedural fairness and natural 

justice, to make representations to support or defend their respective positions and to present information 

or evidence. Decisions are provided in writing, are made available without undue delay, and are based on 

information or evidence on which the parties were offered the opportunity to be heard. In accordance 

with its laws, Canada provides parties to such proceedings, as appropriate, the right to seek review and 

where warranted, correction of final decisions by impartial and independent tribunals. An example of 

fair, open and equitable proceedings at the administrative level is the Board of Review process available 

under CEPA,1999.

56 Annual Report 2000
Annual Report 2000 57

Mexico

Country Report on Implementation of the Commitments Derived from the NAAEC.

The Following report was submitted to the CEC Secretariat by the Secretariat of Environment and Natural Resources in accordance with NAAEC.

The government of Mexico hereby presents its annual report for the year 2000 in accordance with the 

North American Agreement on Environmental Cooperation.

■ Article 2—General Commitments

1. Each Party shall, with respect to its territory:

2(1)(a) Periodically prepare and make publicly available reports on the state of the environment

• A CD-ROM containing statistical information and environmental indicators was produced.

• Users were given direct access, through the web site of the Ministry of the Environment and 

Natural Resources (Secretaría de Medio Ambiente y Recursos Naturales—Semarnat), to information produced by the Environmental Statistics and Information Branch (Dirección General 

de Estadística e Información Ambiental—DGEIA) under the Deputy Minister for Planning and 

Environmental Policy.

2.1(b) Environmental emergency preparedness measures

Prevention

In terms of progress on Semarnat’s environmental risk agenda, several internal meetings were held, 

reports were filed with the National Security Council (Consejo de Seguridad Nacional), and pilot projects 

were proposed in several states. The Environmental Risk Unit (Unidad de Riesgos Ambientales) was given 

support in producing the mapping for its projects, and Semarnat participated in its working group.

• A total of 239 accident prevention programs were implemented in industry, representing 61 

percent 

of the total establishments registered during the reporting period.

• Under the Comprehensive Environmental Licensing program (Licencia Ambiental Única—

LAU), an instrument for direct regulation of industry, 42 licenses were issued, 57 percent of 

them mandatory. Of these, 34 percent corresponded to new establishments and 66 percent to 

establishments not previously subject to regulation.
• A total of 5,613 jobs and 493,931 person-days of wage labor were generated with funding from 

the Temporary Employment Program (Programa Empleo Temporal—TEP) to solidify prevention measures. The work involved opening 5,188 km of firebreaks, managing combustible 

materials on 2,200 ha, surfacing 917 km of roads and applying controlled burning.

• Radio and television spots, design and distribution of printed matter on forest fire prevention.

• Extension work with 3,524 communities on preventing and fighting forest fires.

• Formation of 2,004 voluntary groups to prevent and combat forest fires.

• Building and maintenance of 14,798 km of fire breaks.

Forest Fire Detection

• 294 forest fire control centers (national, state and regional) in operation.

• 138 fire towers in operation.

• 6,484 fire reconnaissance flights with 84 aircraft owned by the Mexican Air Force, the state governments, and others.

• 31,121 land brigade missions.

• Heat source information was obtained from the satellite image sensing system operated by the 

National Commission for the Knowledge and Use of Biodiversity (Comisión Nacional para el 

Conocimiento y Uso de la Biodiversidad—Conabio), as well as the Forest Fire Weather Index 

System created by the Canadian Forest Service.

• Concerning heat source detection, Conabio, with support from the Natural Disaster Fund 

(Fondo de Desastres Naturales), purchased and installed a high-resolution picture transmission 

(HRPT) system, consisting of a receiving antenna, a personal computer, and image navigation, rectification and calibration software. From reception to e-mail transmission, the images 

go through a completely automated data acquisition and management process. The results 

are published on the Conabio web site; they are relayed daily to 70 fire officials and technicians, most of them working under Semarnat, the Ministry of National Defense (Secretaría de 

la Defensa Nacional—Sedena) and the National Natural Disaster Prevention Center (Centro 

Nacional de Prevención de Desastres Naturales).

Protection and Control

• Application of National Forest Fire Protection Program 2001.

• Dissemination of Mexican official standards (Norma Oficial Mexicana—NOM) regulating the 

use of fire to 1,462 critical municipalities.

• Delivery of 104 forest fire prevention training courses.

• Operation of 1,115 forest fire brigades by Semarnat, the state governments and forestry producers.

• Hiring of 4,615 seasonal firefighters by Semarnat and other bodies.

• Use of 15 Semarnat and state government fire helicopters as well as availability of 37 Mexican 

Air Force craft equipped with helibuckets for dousing with water and retardant.

Restoration of Fire Damaged Areas

With the support of the government of Finland, a sustainable forestry development strategy was developed for Mexico. This plan was developed through a wide-ranging process of stakeholder consultation. 

It contemplates four major areas of intervention: controlling and reducing external pressures on the 

resource, developing forest resources, timber production, and environmental services. It also includes an 

investment program and some proposed adjustments to the legal and institutional framework.

58 Annual Report 2000
Annual Report 2000 59

Weather Phenomena

The National Civil Protection System (Sistema Nacional de Protección Civil), the media, the state governments, and the general public received timely information on atmospheric phenomena via 9,149 weather 

reports and bulletins. The National Weather Service (Servicio Meteorológico Nacional) web site was visited 347,991 times. This medium was used to transmit various notices and to publicize weather-related 

products. In addition, 8 long-term precipitation forecasts and reports were produced for the country’s 

hydrological regions.

With a view to improving and expanding the weather observation network, administrative procedures 

were initiated to purchase 30 automated weather stations, three GOES image receivers, three GPS radiosonde stations, two electrolyzers, and telecommunications and computing equipment, instrumental for 

the observatories and computing programs, as well as radiosondes and sounding balloons for the radiosonde network. A total of 228 weather stations and 70 hydrometric stations were rehabilitated; all of this 

to ensure that the hydrological and hydrometric databank is continually supplied with secure and reliable 

data for consultation and analysis throughout the country.

Risk Prevention and Flood and Drought Response

The weather, climate and water sensing and management systems were maintained and modernized in an 

effort to attenuate the impacts of extreme weather phenomena such as storms, floods and droughts. The 

resulting weather forecasts made it possible to prevent flood damage and to protect human settlements 

and productive areas from flooding.

• Flood control infrastructure was built on an area of 9,845 ha.

• To achieve optimum use of surface water and to protect human settlements and productive 

areas, 432 monthly reservoir inflow forecasts and 35 determinations of additional withdrawal 

from irrigation reservoirs were produced, along with 30 simulations of reservoir operation in 

the Amistad and Falcon International Reservoirs with a view to revising the accumulated water 

debt under the 1944 Water Utilization Treaty.

Mexico Valley Hydrological System

The system consists of a set of hydraulic structures (rivers, dams, canals and drains) for control and 

evacuation of storm water and wastewater produced in the Mexico Valley. Work was planned for desilting of watercourses and dams as well as rehabilitation of other structures (walls and weirs) and their 

mechanisms, so as to protect the urban and productive areas of eight municipalities of the Mexico Valley 

Metropolitan Area (Zona Metropolitana del Valle de México—ZMVM).

Under the Natural Disaster Prevention Program (Programa de Medidas Preventivas contra Desastres Naturales), partial desilting and gate and mechanical maintenance were done on 17 dams; partial desilting was 

also done for six rivers and canals. Of particular importance was the repair work on the intakes of the old 

and new Tequixquiac tunnels that drain water from the Valley of Mexico, as well as the raising and grouting of weirs on critical sections of the La Compañía river. With the preventive measures in this program, 

the commitments established in the Federal Expenditures Budget (Presupuesto de Egresos Federal) for this 

period for the municipalities of Huixquilucan, Naucalpan, Chimalhuacán, Nezahualcóyotl, La Paz, Valle 

de Chalco-Solidaridad, Ixtapaluca and Chalco were met. Expenditures on this work are estimated at P$53 

million.
60 Annual Report 2000 

Protection of Productive Areas

As part of the flood control program for productive areas, an infrastructure budget of P$58.1 million was 

allocated to protect an area of 9,845 ha. This objective was met under budget at P$43.9, or only 76 percent 

of the budgeted amount.

Weather Contingency Response

During the reporting period, six weather emergencies were addressed, along with three water-related environmental emergencies, five drinking water distribution campaigns and two basic sanitation campaigns.

State Municipality Equipment Hours of Work Observations

Chiapas Pijijiapan Gorman Rupp 8” 9,243 Support to SAPAM as operational 

organization 

Michoacán Sahuayo 2 Gorman Rupp 8” 

Hydraflo 18” 

1,250 Urban drainage issues. La Yerbabuena 

drain. 

Guerrero Acapulco 2 Gorman Rupp 6” 236 Support for construction of catchment 

facilities, water supply lines and 

distribution system for the El Rincón 

irrigation unit. 

2 Gorman Rupp 12” - Mala Espina pumping station, to support 

construction of the de-sander.

San Luis Potosí El Porvenir pumping 

station

Hydraflo 18” 2,423 Support for contingency occurred 23 August 

2000.

Quintana Roo Chetumal Hydraflo 18” 6.75 Pumping of leak in supply line of González 

Ortega II water supply system. 

Federal District Campo Militar No.1, 

puerta 7

Gorman Rupp 4” 145 Treatment plant testing.

México Canal de Sales, 

Texcoco federal zone

2 Gorman Rupp 12” 

2 Hydraflo 18” 

1,604 Emergency support for irrigation water 

transfer.

Morelos Tepoztlán and 

Xochitepec

Gorman Rupp 4” 15 Pumping in storage reservoir and desilting 

of San Ramón spring

Specialized Emergency Response Team
Annual Report 2000 61

Emergency Plans

The regional and state offices of the National Water Commission (Comisión Nacional del Agua—CNA) 

and the constitutional governors were given the emergency plans for the following rivers: Aguanaval in 

Coahuila; Huejutla in Hidalgo; Huixtla in Chiapas; Chiquito in Oaxaca; and Tuxpan, Misantla, La Antigua, Jamapa-Cotaxtla, Cazones, and Tecolutla in Veracruz. In addition, the emergency plans for the Actopan, Coatzacoalcos, Nautla and Papaloapan rivers in Veracruz were updated.

Regional Emergency Response Centers

The final design and calls for tender for construction of the regional emergency response centers in the 

cities of Mérida, Yucatán, and Acapetahua (Chiapas) were produced.

Environmental Contingency Response in the ZMVM

In the metropolitan area, the air emissions partially responsible for environmental contingencies were 

reduced and controlled through the application of the inspection and enforcement program for sources 

under federal jurisdiction. Since no such contingency has occurred in nearly 18 months, no phase of the 

Environmental Contingency Plan was ever triggered. Another factor in keeping pollutant concentrations 

below the contingency thresholds in Mexico City during the period was that weather conditions favored 

the dispersion of pollutants.

2(1)(c) Education in environmental matters, including environmental law

More than 4,000 environmental educators and communicators were trained. In addition, approximately 

130,000 members of the public benefited from environmental education provided through cultural events 

and the publication of educational materials and specialized publications. The creation of environmental 

information clearinghouses at community training centers was extremely important in giving users access 

to education, training and knowledge about the environment and sustainable development. For 2001, 

clearinghouses will be set up in Pátzcuaro, Michoacán; the Guadalajara, Jalisco metropolitan area; Tulum, 

Quintana Roo; and Valle de Bravo, México state. These centers will benefit all segments of the population, 

including women, youth, children, peasants, fishermen, native communities, academics and researchers.

In parallel with this initiative, more than 1,600 people in different communities were benefited by a 

training and technology transfer initiative; 3,654 more were supported by the Temporary Employment 

Program, with an investment of P$14.7 million.

In the area of primary and secondary education, liaison and coordination mechanisms were established 

with the Ministry of Public Education (Secretaría de Educación Pública—SEP), and various educational 

demands of society were addressed. As a result, on 5 June 2001 a coordination agreement was signed 

between Semarnat and SEP to take joint action on an environmental protection and improvement program in the country’s public and private educational institutions.

Two campaigns were undertaken: the National Forests and Water Campaign and the National Campaign 

for a Clean Mexico. The first creates a broad alliance between civil society and government to address 

the serious degradation of Forests and Water resources, which are strategic to national security. It has 

become urgent to clean up the country’s principal bodies of water, rationalize water use, stop the loss of 

forest cover and preserve the natural vegetation and wildlife, all of these being critically threatened natural resources. The primary focus of the second campaign involves enforcement of the Mexican official 

standards (NOM) whose objective is to decrease the quantity of solid waste sent for final disposal. These 

actions were complemented by public awareness and action campaigns on the importance of clean streets, 

rivers, lagoons, lakes, parks and green spaces. In both campaigns, direct contact was established with 

primary school students, so as to inform and involve them in achieving the campaign objectives as far 

as watersheds, woodlands and solid waste management are concerned. The Forests and Water Campaign 
62 Annual Report 2000 

involves concrete action to deal with the most critical countrywide problems; however, problems considered to be high priority by citizens at the regional, state and municipal levels will also be addressed, with 

input from the three levels of government and various societal groups.

The Citizens Water Movement (Movimiento Ciudadano por el Agua—MCA) was designed as a continuous, long-term public awareness process. It began as an initiative of several leaders and subsequently took 

on the character of a broad social movement. Its purpose is to instill in civil society and government a 

culture of water use, conservation and pollution reduction, for this is essential if future generations are to 

be guaranteed a continued supply of water for the country’s economic and social development. If leaders 

and organizations are aware of the problem, they will be better able to elicit societal participation in finding relevant ways to improve the environment. In the long run, it is hoped that the efforts of the MCA and 

their multiplier effect will produce a durable change in how Mexicans relate to the water resource.

The MCA began by setting up a Water Advisory Council (Consejo Consultivo del Agua) convened by the 

Federal Executive Branch (Ejecutivo Federal). This body is made up of high-profile citizens from all segments of society who are able to mobilize large numbers of people. The executive director of the CNA 

represents the federal government on the MCA.

In terms of water education and culture, 141 teachers were given six workshops in the program ¡Encaucemos el Agua! (Channeling Water). Three of these workshops were given at the Mexican Institute of Water 

Technology (Instituto Mexicano de Tecnología del Agua—IMTA) with participants from Veracruz, Puebla, 

Aguascalientes, Coahuila, San Luis Potosí, Hidalgo, Baja California, Nuevo León, Querétaro, Morelos, 

Michoacán and México; another took place at Universum, the science museum of the Universidad 

Nacional Autónoma de México (UNAM); one took place at the Regional Environmental Competitiveness 

Center (Centro Regional de Competitividad Ambiental) in Celaya, and the last took place at the Semarnat 

Sustainable Development Education and Training Center (Centro de Educación y Capacitación para el 

Desarrollo Sustentable—Cecadesu).

A children’s workshop on water was given at the request of the Veracruz state water commission. Participating were 25 technicians working for 15 operational organizations. By the end of the reporting period, 

six states had requested this workshop, representing 187 persons trained, including technicians, teachers 

and environmental educators.

Impulso Ambiental, a newsletter published by Cecadesu, reports on these campaigns and the principal 

policy guidelines established by Semarnat.

2(1)(d) Further scientific research and technology development in respect of environmental matters

Environmental Land-use Planning and Ecosystem Conservation

• Regarding environmental land use planning, as part of the program 100 Días de Acciones 

implemented by the Federal Executive Branch when the new administration took office, 

advances were made on research into natural resource conservation and protection, and maps 

were produced to identify critical areas (requiring urgent action) and priority areas (requiring 

conservation measures). This study will be used to guide the national security portion of the 

policy agenda as it relates to the prevention of forest, woodland and water degradation.

• The outlines of the National Environmental Land-use Plan (scale of 1:4,000,000) were updated 

and adapted for each hydrographic region through the construction of typologies of each industrial sector, including maps (agriculture, livestock, forestry, secondary and tertiary sectors). In 

addition, the ecological regionalization of the country was defined at different geographical 

scales.
Annual Report 2000 63

• Work began on creating a PC-based management module as part of the Environmental Land 

Use Planning Information System (Sistema de Información para el Ordenamiento Ecológico), a 

useful tool for Semarnat decision-makers. The system provides access to digital mapping information and various databases.

• The Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes) commissioned a comparative environmental study of potential sites for the new Mexico 

City international airport. An agreement was signed with the Universidad Autónoma de 

México (UAM) to conduct a detailed assessment of the environmental costs, risks, and protection measures for each scenario.

• The technical and financial proposal for the comparative environmental assessment of two 

alternate sites for the new Mexico City international airport was produced as a collaborative 

effort. Information was provided by the state governments of Hidalgo and Mexico, and Semarnat helped to supervise progress in line with the previously stipulated terms of reference. More 

than 90 specialists in hydrology, urban development, pollution, flora and fauna, geotechnics, 

GIS and soils participated in the inter-institutional working group. The technical results of the 

study will be made public in August 2001.

• In coordination with the Mexico state government, the Universidad Autónoma del Estado 

de México and various nongovernmental organizations, technical support was provided for 

the environmental land use planning exercise for the Valle de Bravo. In coordination with the 

Semarnat Office of the Deputy Minister of Planning (Subsecretaría de Planeación), assistance 

was provided for environmental land use planning and ecosystem protection for the Escalera 

Náutica and Plan Puebla-Panamá projects as well as various regional planning exercises.

• The island ecosystem conservation project continued, with an effort to eradicate exotic species 

on Isla Clarión in the Revillagigedo Archipelago, Colima state, and on Isla Guadalupe in Baja 

California.

Information Networks

The objective is to update, incorporate, and consolidate the information networks and systems on national, 

regional and world biodiversity so as to meet the country’s needs.

From its inception, Conabio has actively participated in the development of electronic communication protocols on biodiversity and in 

national and international initiatives such as the Mexican Biodiversity 

Information Network (Red Mundial de Información sobre Biodiversidad—REMIB), the North American Biodiversity Information Network (NABIN), the InterAmerican Biodiversity Information Network 

(IABIN), the Global Biodiversity Information Facility (GBIF) and the 

Meso-American Biodiversity System (Simebio).

Likewise, Conabio implemented and continues to operate the 

National Biodiversity Information System (Sistema Nacional de Información sobre Biodiversidad). From its inception in 1992 to the end of 

the reporting period, this system had accumulated data on 56,066 species of plants, fungi, algae, vertebrates and invertebrates in the form of 

7,093,451 records, which were pared down to 3,382,457 after a rigorous taxonomic validation process. This data was obtained primarily 

by academic and research institutions through funding for specific 

projects, as well as through intensive repatriation of specimen records 

held by various Mexican and foreign collections.

Since 1993, Conabio has been actively involved in creating and maintaining a biodiversity information 

network in Mexico called Remib. It should be noted that this network, though based in Mexico, is truly 

Remib Nodes

ICMyL-MAZ.,UNAM

ICMyL-DF, UNAM

Unison

Ecosur

CAS

Nodo central

Bangev, UACH

INBio

UANL

UAM-1

ENCB, IPN

MZFC, UNAM

UC-BERKELEY

TEX, LL

IE-XAL

Feb 2001

1

10

100

1,000

10,000

100,000

1,000,000

Jan 2001

Feb 2001

Mar 2001

Feb 2001

May 2001

Apr 2001

Feb 2001

National node

International node Number of specimens (log)
64 Annual Report 2000 

international in character since it contains information on specimens from more than 150 countries. 

Remib is now one of the main mechanisms for updating taxonomic and museological information, and 

represents México on the NABIN, IABIN and GBIF international networks. Remib is made up of 15 nodes 

(11 national and 4 international) comprising 55 collections plus data on 3,978,652 specimens. During the 

period December 2000–August 2001, five international nodes and two national nodes were added, while 

one new collection was added to an existing node.

Further to a trilateral agreement among the North American countries, Conabio is in charge of developing the Mexican portion of the Integrated Taxonomic Information System (ITIS). This will be an effective 

reference system, backed by taxonomic specialists, for research on more than 370,000 accepted scientific 

names, synonyms, and more than 66,000 common names of terrestrial, marine and freshwater species 

whose center of abundance is in North America. The database will be accessed through an interface 

located in Canada (Agriculture Canada) and coordinated by the United States Geological Survey. The 

taxonomic information included will also be added to Species 2000, the world species catalogue. Mexico 

contributed to ITIS with 2,609 plant common names and 2,584 vertebrate common names.

Coordination was done with the ministries and state governments involved in addressing various aspects 

of the country’s biosecurity. These entities included the Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food (Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca y Alimentación—

Sagarpa), Semarnat, the Ministry of Health (Secretaría de Salud—Ssa), the Ministry of the Treasury 

and Public Credit (Secretaría de Hacienda y Crédito Público—SHCP), Cibiogem and various academic 

institutions. Networks of experts organized into specialized subcommittees were established. Conabio sat 

on two subcommittees, one for agriculture, coordinated by Sagarpa’s Plant Health Branch, and the other 

for the environment, coordinated by Semarnat as part of the Cibiogem Technical Committee. The role of 

these subcommittees was to assess requests to release, import and/or move genetically modified organisms (GMOs) in the country, and to assess and manage the corresponding risks. The work performed 

included the drafting of legal instruments to regulate the release of GMOs into the environment in pilot 

projects and semi-commercial and commercial crops.

Technology Assessment and Application to Improve Infrastructure and Decrease Losses

• Studies were conducted to raise the elevation of the Casa de Janos dam on the San Pedro River, 

Chihuahua, and to build the El Chihuero dam on the stream of the same name in Huetamo, 

Michoacán. In addition, the necessary studies were conducted on a physical model of its 

overflow structures. Up to the end of the reporting period, the necessary information had 

been gathered, the model and the experimental plan designed and construction of the models 

begun.

• In the development of a methodology for assessment of the hydrological safety of small reservoirs, the applicability of several rain/runoff models was reviewed. The purpose was to estimate the design flood at the sites for which hydrometric data are lacking. Computer programs 

were developed including various probability distribution functions as well as procedures for 

channeling floodwater into reservoirs. For the review of the design flood for five dams, basic 

information consisting of hydrometric, weather and reservoir data was compiled, along with 

maps.

• With the goal of systematizing water measurement and controlling its distribution in irrigation 

zones, an electronic data acquisition and storage device was developed for streamflow gaging 

stations, as well as a float-type sensor to measure canal water levels in a range of 0–3.30 meters. 

The data acquisition device can store up to 32,000 measurements in 32 kB of memory, expandable up to 128 kB. This data was then downloaded into a database of control points for each 

irrigation district.

• Contour plowing, terracing with fruit trees, cover cropping with forage oats, reforestation with 

Christmas pine and minimum tillage was practiced on 205 ha located in the Amanalco river 

basin, in cooperation with the union of ejidos of the municipality of Amanalco, Mexico state. 
Annual Report 2000 65

To retain fine particles that would otherwise have been lost from the agricultural plots, three 

stone weirs fitted with geotextile were built on the bed of La Garrapata stream. Water samples 

were taken before and after the addition of the geotextile to measure its effect on water quality.

Air Quality

The following research was conducted for the purpose of air quality improvement:

• The first phase of a study on wind field patterns in Mexico City was concluded and the second 

phase was initiated. Participating are the UNAM, the UAM, and the Japanese International 

Cooperation Agency (JICA).

• Characterization of breathable suspended particles produced by emissions from Popocatépetl 

volcano.

• Research on environmental quality at the Molymex plant in Cumpas, Sonora.

• In addition, the following studies are in process:

• Analysis of vertical profile of air pollutants and weather parameters using a tethered sonde.

• Analysis of PM10 and PM2.5 particulate matter in the area surrounding the Manzanillo, Colima 

thermal power plant.

• Implementation of the National Air Quality Information System (Sistema Nacional de Información de la Calidad del Aire) for online access to air quality information for Mexico City, 

Guadalajara, Monterrey, Toluca and Ciudad Juárez.

• Development of a real-time biogenous air emissions inventory for the ZMVM.

• Characterization of chemical components of rainfall in the natural areas of the Mexico Valley.

• Participation in a study to design a PM2.5 monitoring network in coordination with the government of Mexico City and Inin Tlalli (a civic association founded in 1999 to create and foster 

a culture of environmental protection).

Hazardous Waste

In the area of hazardous waste, the following research was initiated:

• Biomembrane reactors as a new alternative for treatment of PCBs and related compounds.

• Chemical dechlorination of hexachlorobenzene.

• Treatability studies for remediation of hydrocarbon-contaminated weathered soils. Long-term 

study with four-year plan (the reporting period corresponds to the second year).

• Characterization of industrial and hazardous waste incinerator ash.

• Development of 12 test protocols in various companies practising thermal hazardous waste 

treatment.

The National Environmental Research and Training Center (Centro Nacional de Investigación y Capacitación Ambiental—Cenica) directly supported the studies and projects carried out on air pollution and 

hazardous waste. Additionally, the following projects were conducted in the environmental laboratory:

• Technical assessment for approval of eight environmental analysis laboratories.

• Development and implementation of a quality system as part of the Cenica accreditation process.

• Development of the analytical methodology for “determination of 1,4,7,8-dibenzodioxine in 

potable and untreated water by low resolution gas chromatography/mass spectrometry.”

• Morphological and elemental characterization of air particulates.

• Speciation of volatile organic compounds in the atmosphere in Mexico City.

• Assessment of Chlorella vulgaris sensitivity through the use of two reference toxicants.

• Eco-toxicological assessment of leachates through a battery of tests.

• Effect of acid rain on lettuce and amaranth seed germination.
66 Annual Report 2000 

• PCB toxicity assessment using Daphnia magna and nematodes. Cenica offers an annual environmental training and dissemination program. In the reporting period, the following activities were carried out: five seminars on passive monitoring, methodology and monitor types; 

pollution control; formation, transportation and impact of air particulates; ISO 14000 and 

environmental management; a course on environmental management; a workshop on cleaner 

production with the support of United States Agency for International Development and the 

Cleaner Production Center (Centro de Producción más Limpia); and an international seminar 

in coordination with JICA on waste treatment and recycling, with the participation of domestic and international exhibitors and the assistance of technicians from government, industry, 

academia and the general public.

In coordination with the Cecadesu, four courses were given in Mexico City and Querétaro (on environmental management, atmospheric monitoring and solid waste management) to Semarnat and state 

officials.

The catalogue of the National Institute of Ecology (Instituto Nacional de Ecología— INE) was enriched 

with the following publications and activities:

• New edition of Áreas naturales protegidas de México containing the state decrees (those of 

Nuevo León were incorporated, and a presentation by the head of the National Protected 

Natural Area Commission (Comisión Nacional de Áreas Naturales Protegidas—Conanp) 

was added).

• Production of the work Plantas de la región de Zapotitlán Salinas, Puebla (co-published 

with INE and UNAM).

• Publication of number 58 of the Gaceta Ecológica and preparation of numbers 59–61.

• Definition of editorial criteria for production of the report and atlas of environmental 

land-use plans.

• INE publications page posted online, with 120 publications as well as periodic mailing 

of e-newsletters to announce new editions and various services.

• Proceedings of workshop on assessment, management and communication of risks 

associated with mining and metallurgical waste, produced by Cenica.

2(1)(e) Environmental Impact Assessment

The backlog of environmental impact projects existing prior to the reporting period was reduced by 68 

percent, as well as some of the environmental risk studies for existing plants.

2(1)(f) Promotion of the use of economic instruments for the efficient achievement 

of environmental goals

With the TEP budget assigned to Semarnat, 24,000 temporary jobs relating to soil, forest and wildlife 

conservation were created. The work of the Federal Attorney for Environmental Protection (Procuraduría 

Federal de Protección al Ambiente—Profepa), Conanp and the National Reforestation Program (Programa 

Nacional de Reforestación—Pronare) was supported.

A medium-term plan was proposed involving tax deductions for physical and financial environmental 

investments; amendment of the other Semarnat charges prescribed by the Federal Duties Law (Ley Federal 

de Derechos—LFD); eliminating distorting subsidies in the areas of energy, transportation, fuel and damaging agricultural practices, and offering new incentives for environmentally desirable practices, such as 

Alianza para el Campo Verde, the Forestry Development Program (Programa de Desarrollo Forestal—Prodefor), Commercial Forest Plantation Development Program (Programa para el Desarrollo de Plantaciones 

Forestales Comerciales—Prodeplan), Pronare, the Sustainable Development Program (Programas para el 

Desarrollo Sustentable), and others.
Annual Report 2000 67

Through administrative cooperation agreements relating to fiscal affairs, a fund was established for the 

Federal Coastal Zone (Zona Federal Marítimo-Terrestre—ZFMT), consisting of 30 percent of the total 

collected by the municipalities. This fund was allocated to the preservation, maintenance and cleanup of 

beaches, to inspection and enforcement, and to other projects.

Under the impetus of the new taxation policy, fiscal proposals concerning duties were designed. For reasons of efficiency, the work was performed as a collaboration of Semarnat and the SHCP and approval was 

sought from the Congress of the Union. An initial group of proposals was discussed and several additional 

proposals were prepared subsequently.

A program of research was conducted to develop economic instruments and public policies designed to 

enhance pollution reduction, environmental conservation, and sustainable natural resource use.

The following topics were included:

• New cars: a contribution was made to defining the Environmental Tax on New Foreign Cars 

(Impuesto Ecológico sobre Autos Nuevos Extranjeros—ISANE), involving adjustments and additions of an environmental nature to the existing New Car Tax Law (Ley del Impuesto sobre 

Autos Nuevos).

• Extractive wildlife use: The fees for hunting activities established by the LFD were adjusted.

• Non-extractive wildlife use: A fee was established in the LFD for whale-watching activities.

• Water consumption and treatment charges: Assistance was provided in adjusting the water use 

charges prescribed by the LFD, including consumption and treatment charges.

• Mexican marine parks: an adjustment was made to the charges prescribed by the LFD for 

access to and enjoyment (non-extractive use) of these natural areas.

Research on the following subjects is at different stages of advancement:

• New cars: possible adjustments to the design of the ISANE as well as assessment and follow-up 

to this measure.

• Existing cars: technical proposals on economic instruments to promote air emission control.

• Substance phase-outs: research on economic instruments to promote the phase-out of these 

substances.

• Packaging: proposed economic instrument to reduce volumes and promote recycling.

• Pesticide containers: proposed economic instrument to promote proper disposal of pesticide 

containers.

• National parks: proposed fee structure and investment fund to finance natural resource conservation in marine and land natural areas.

• Wildlife: initiative to revise the LFD to promote wildlife conservation and sustainable use.

• Drinking water: analysis of viability, impact and considerations for eliminating water tax 

exemptions.

• Wastewater: technical proposal to induce municipalities to charge for water treatment and 

recycling.

• Waste oils: technical proposals for economic instruments to promote the proper disposal of 

waste oils. In cooperation with the Metropolitan Environmental Commission (Comisión 

Ambiental Metropolitana) in the pilot project for the ZMVM on management of waste oils.

• Economic valuation: development of methods for economic valuation of natural resources 

and goods and services generated by Mexican ecosystems.

• Bioprospection: identification of various measures to meet policy objectives (to be determined).

• Poverty and environment: analysis of the links between poverty and environmental degradation, as well mapping of relevant public policies.
68 Annual Report 2000 

• Environmental services: identification of alternatives and strategies concerning payment for 

environmental services to poor communities who own or possess forest resources.

• Ejidos and natural resources: identification of links between ejidos, different types of resource 

organization and management, both individual and collective, and environmental and natural 

resource conservation.

• Development of joint environmental economics projects with universities and research centers.

In addition, a presentation titled “The Status of Economic Instruments in Mexico” was given at an international seminar on economic instruments held in Montreal, Canada by Environment Canada; Semarnat 

also participated in a workshop on fiscal reform held by the Congress of the Union.

Under the TEP for protected natural areas, a total budget of P$6,435 million was distributed to 56 projects representing 574,982 person-days. This directly benefited 10,801 persons in 198 communities of 27 

municipalities in 12 states of the republic (Baja California Sur, Campeche, Coahuila, Chihuahua, Chiapas, 

Hidalgo, Jalisco, Morelos, Puebla, Querétaro, San Luis Potosí and Oaxaca).

Prodeplan

Responsibility for this program was transferred to the National Forestry Commission (Comisión Nacional 

Forestal). The projects selected in the first round of funding in 1997 were carried out, for a total amount 

of P$3,205,412. Advance payment of subsidies to another project amounted to P$133,500.

The amount of P$285,884,000 was allocated for the establishment and maintenance of 39,724.81 ha of 

commercial forestry plantations, and P$5,940,000 for the development of reports on forestry and integrated environmental management programs.

First-time support was provided for the development of non-timber plantations (bamboo and Chamaedorea palm), with all available subsidies allocated. Social participation in the Prodeplan program was very 

popular (a 1,000-percent increase over previous years), particularly in the community sector, the main 

participants being farmers, ranchers, forest producers and forestry companies.

Prodefor

• The participation of 30 states was elicited. The states will provide a total of P$56 million 

which, added to the federal contribution of P$131 million, will total P$187 million to be 

allocated in 2001.

• The program was announced to producers in 25 states.

• 15 accreditation courses were given to technical service providers.

Pronare

Forestry coordination agreements were signed with 14 states, representing a total investment of P$332 

million designed to incorporate 1,156 ejidos and 500,000 ha into forestry production. This investment 

included reforestation of 83,584 ha, protection of 4,190 km of fire breaks, support for restoration of 7,577 

ha, maintenance of 7,052 ha and conservation of 238 seed crop areas, among other actions.
Annual Report 2000 69

■ Article 3—Levels of Protection

Concerning environmental policy, technical progress was made on developing the Environmental Land 

Use Planning Regulation (Reglamento de Ordenamiento Ecológico), which will make possible the full exercise of this environmental planning instrument. The integration of this policy with related areas, such as 

water, forests and tourism, was furthered. Internal working groups were formed to discuss the issues, and 

mechanisms were developed to establish guidelines for multi-sector coordination. The environmental 

land-use plans for the state of Hidalgo and for Isla Mujeres, Quintana Roo, went into force, and two coordination agreements were signed to create and implement regional environmental land-use plans for Sian 

Ka’an park and Laguna de Bacalar, both in Quintana Roo.

In the interest of achieving high levels of environmental protection, the following Mexican official standards were revised:

• NOM-52-ECOL-94 respecting hazardous waste. The revision aims to provide incentives for 

waste reuse, recycling and treatment, to reduce the quantities sent for incineration and final 

disposal, and to decrease the treatment and final disposal costs, all in an effort to achieve a 

higher percentage of voluntary compliance.

• NOM-040-ECOL-2000, as a complement to the policies designed to reduce waste sent for final 

disposal. The purpose of the revision was to incorporate criteria for reuse of cement plant 

waste, which will decrease the treatment and final disposal cost; the waste will be reincorporated into the productive process as an auxiliary fuel.

• NOM-125-ECOL-2000, to include timelines for compliance in the area of ozone-depleting 

substances.

During this period, two new standards were developed. The first concerns wetlands and provides for the 

economic growth of the neighboring human settlements. The second establishes criteria and guidelines to 

reduce the quantity of packaging sent for final disposal. This standard establishes the properties of packaging that render it conducive to recycling and reuse, and promotes deposit-return and compensation 

mechanisms to induce companies to bear the cost of the environmental harm they cause.

Semarnat contributed actively with regard to the legal framework. During this period, it worked together 

with the agriculture and rural development commissions of the Chamber of Deputies (Cámara de 

Diputados). It succeeded in incorporating various environmental criteria into draft legislation, in particular a concept of resource sustainability based not only on productivity but also on social and environmental considerations.

Legal Reinforcement and Management of Protected Natural Areas

Legislative and judicial aspects are of great importance in this process. Following six years of experience with the operation of the protected natural areas, the need was contemplated to amend the General 

Law on Ecological Balance and Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente—LGEEPA) to create a more appropriate foundation for management programs, the regulation of 

protected natural areas, and enforcement activities (sanctioning of offenses). Notable under this heading 

was the analysis of the existing legal framework by Conanp, so as to develop proposed amendments to the 

LGEEPA and other applicable provisions.

A commitment was made to enact the legal provisions necessary to guarantee the uninhibited operation 

of the protected natural areas. In this regard, the four management programs were published, along with 

summaries for 13 areas.
70 Annual Report 2000 

■ Article 4—Publication

A text setting out the guidelines and general strategies for the furtherance of environmental management of the funds of the administrative offices of the agencies of the Federal Public Administration was 

drafted and published on 15 March 2001 in the Official Gazette of the Federation (Diario Oficial de la 

Federación—DOF).

4(2)(a) To the extent possible, each Party shall publish in advance any measure that it proposes to adopt

During this period, a legislative reform proposal concerned primarily with environmental offenses and 

decentralization was submitted to the Legal Affairs Office (Consejería Jurídica) of the Federal Executive 

Branch.

Mexican official standard NOM-008-CNA-1998, “Toilets for sanitary use: specifications and test procedures,” was published in the DOF. This standard plays an important role in strengthening the regulation 

framework for water conservation.

Various workshops were held on accreditation of regional water quality laboratories for five regions; facilitation for the formation of field inspection units for enforcement of the water-related NOMs; guidelines 

for risk analysis and safety assessment of water tanks. In addition, the quality system implemented by the 

National Reference Laboratory was given publicity.

In support of technological development of the water sector, certificates were issued for three products 

(regular and reinforced concrete pipes) under NOM-001-CNA-1995, “Sanitary sewer systems: hermeticity specifications.”

In support of the water-related Mexican official standards, particularly concerning the cleanup of national 

bodies of water and water reuse, a declaration was published in the DOF to announce the taking of effect 

of 13 water quality analysis standards promoted and coordinated by the CNA.

Article 4(2)(b) Provide interested persons and Parties a reasonable opportunity to comment on such 

proposed measures

The publication of two calls for proposals is noteworthy. The first concerns projects relating to the biological knowledge of species included in draft standard PROY-NOM-059-ECOL-2000, whose principal 

contribution will be to produce data sheets on 1,355 rare, threatened or endangered species. The result 

will be a set of documented, expert-validated data on the status of these species in the country. The second 

call for proposals concerns knowledge of the biological resources of the Sierra Tarahumara. This will give 

rise to a unique international and inter-institutional cooperation project in which the Tarahumara and 

Tepehuan peoples will participate actively from the project-planning phase onward.

The National Advisory Committee on Environmental Protection Standards (Comité Consultivo Nacional 

de Normalización para Protección Ambiental) approved the revised version of NOM-059-ECOL, which 

determines the risk categories for wild species in Mexico.
Annual Report 2000 71

■ Article 5—Government Enforcement Action

5(1)(b) Monitoring compliance and investigating suspected violations, including through 

on-site inspections

For the period 2001–2006, the CNA has set the following priorities, among others: developing an 

inspection program to address the problem of non-compliance with the maximum contaminant limits 

established by NOM-001-ECOL-1996 and the discharge conditions established by wastewater discharge 

permits; verifying compliance with the conditions and volumes established by water concessions, and 

curtailing non-payment, late payment and irregular payment of water royalties. During the reporting 

period there were 738 inspection visits, an increase of 34.7 percent over the 548 that had been planned. 

The goal for 2001 is 1,239 visits, while the six-year program includes inspection of 15,800 industrial and 

service water use permits and 234 wastewater discharge permits, all of them corresponding to organizations operating in cities with populations of 50,000 or more. Given the importance to national security 

of protecting the country’s ecosystems, this responsibility is now covered by the “law and order” group of 

cabinet ministers (Gabinete de Orden y Respeto); in particular, there is a specific plan of action to combat 

illegal deforestation under the auspices of the Forests and Water Campaign.

In this context, a new form of collaborative action was undertaken by the Sedena, the Ministry of the Marine, 

the Ministry of Public Security, and the Office of the Attorney General of the Republic (Procuraduría General de la República) to break up organizations involved in illicit natural resource exploitation. Moreover, 

significant coordination arrangements were established with the ministries of health, agriculture, tourism, 

labor and social welfare, and agrarian reform. The coverage of environmental compliance and enforcement 

activities was expanded by bringing local stakeholders into the process and establishing or strengthening 

cooperation mechanisms. In particular, collaborative work was done under coordination or cooperation 

agreements with local governments and authorities in the states of Mexico, Campeche, Chiapas, Durango, 

Baja California Sur, Puebla, Tlaxcala, Aguascalientes, Michoacán and Quintana Roo as well as Mexico City.

To address the crucial priority of preserving the country’s biological wealth and containing environmental degradation, the inspection and enforcement of forest, marine and wildlife resources was stepped up. 

Enforcement activities were also enhanced for the ZFMT and in regard to environmental impact, as well 

as for industrial and service activities under federal jurisdiction.

These actions led to heightened legal compliance by pollution sources. Likewise, stricter enforcement of 

the environmental laws resulted in a larger number of criminal charges being laid for improper use of 

forest and wildlife resources, damage to coral reefs, environmental impacts caused by industrial facilities, 

and improper management of biological/infectious waste.

Various actions aiming to improve the enforcement of natural 

resource law called for furthering the empowerment of civil 

society to participate in law enforcement activities, strengthening 

coordination between the federal government and other orders 

of government, and modernizing inspection and enforcement 

methods through the development of intelligence systems to 

combat environmental crime.

Under the aegis of the Forests and Water Campaign, steps were 

taken to improve forestry inspection and enforcement. These 

include operations carried out in critical forest zones such as the 

Monarch Butterfly Biosphere Reserve, the Ocuilán and Cahuacán 

zone in the state of Mexico, and Zoquiapan National Park in the 

Izta-Popo region of the states of Mexico and Puebla.

Timber Seized

(m3) (Including firewood)

60,000

50,000

40,000

30,000

20,000

10,000

0

Dec 1999 – Aug 2000 Dec 2000 – Aug 2001

31,686

50,000
72 Annual Report 2000 

A total of 654 operations were carried out. Inspection and enforcement actions in critical forestry areas 

proved more effective in preventing, discouraging and punishing illegal deforestation by obtaining timely 

knowledge of the modus operandi of organized bands involved in these practices. Also important was the 

coordination of inter-institutional efforts involving the Sedena and the Federal Preventive Police (Policía 

Federal Preventiva).

In total, more than 4,800 inspection actions and more than 4,000 monitoring actions took place throughout the country. Among other results, more than 340 alleged offenders were placed in the custody of government prosecutors, and 50,000 cubic meters of timber and 1,000 tons of coal were seized.

Wildlife Inspection and Monitoring

Law enforcement activities included 1,375 inspections and 249 operations; irregularities were detected in 

750 cases, resulting in the seizure of 44,780 specimens, 7,700 products and 74,600 subproducts, as well as 

739 administrative procedures. With the goal of involving the public in protecting these natural resources, 

support was provided for the formation of 42 community-monitoring committees.

A total of 3,280 inspections and 43,280 phytosanitary inspections were carried out at ports, airports and 

borders. The result was to detect 247 cases of forest pests, 6 of which required quarantine measures; that 

is, had they entered the country, they would have caused serious damage to our forests.

Inspection and Monitoring of Environmental Impact, ZFMT and Environmental Land-use Planning

Four special operations and 2,112 inspection visits were carried out to assess environmental impact and 

compliance with the ZFMT provisions. There were 12 operations to monitor and verify compliance with 

environmental land use plans, as a result of which 10 technical reports and corresponding sets of recommendations were issued.

Meanwhile, 16 natural resource contingencies were addressed, representing the sum total of events reported 

to Profepa.

Inspection and Monitoring of Natural Resources in Protected Natural Areas

Inspection and monitoring actions took place in the 35 priority protected natural areas of the country, 

covering an area of more than 10 million ha. These are located in 24 states of the republic, particularly in 

the south and southeast, i.e., Chiapas, Oaxaca, Campeche, Quintana Roo and Veracruz.

There were 522 inspection actions, 1,932 monitoring actions and 188 operations, for a total of 2,642 

actions. In particular, 147,644 ha were inspected, with irregularities detected in 86 percent of cases.

As a result of the inspection and monitoring actions, 3,830 m3 of timber, 36 vehicles, and 41 items of forestry equipment and tools were seized. In the marine protected areas, 68 tons of fish products, 62 vehicles, 

engines and boats, and 210 nets were seized.

Regarding community participation in crime prevention and detection, 94 community-monitoring committees were formed in protected natural areas.

Inspection and Monitoring of Fisheries and Marine Resources

During the reporting period, 2,150 inspection visits, 5,840 monitoring actions, and 1,415 special inspections were conducted. These actions led to 1,467 administrative procedures and the precautionary seizure 

of 963 tons of marine products, 521 vehicles and boats, and 2,796 nets and fishing equipment.
Annual Report 2000 73

The presence of marine turtle excluder devices on trawl nets was certified for the entire shrimping fleet. 

Our country is now fully compliant with its own laws in this area, but also with the international agreements on protection of these species.

In the same period, 1,708 administrative procedures were resolved, leading to the definitive confiscation of 

4,315 tons of marine products, 55 vehicles, motors and boats, and 1,752 nets and other fishing equipment.

Regarding community participation, 12 community-monitoring committees and subcommittees were set up 

for fisheries and marine areas, enhancing law enforcement support to the authorities for these resources.

Enforcement of Provisions Governing Pollution Sources under Federal Jurisdiction

With the aim of fulfilling its environmental enforcement function, Profepa operated four nationwide 

programs and a fifth program specific to the ZMVM:

1. Inspection and Monitoring of Sources under Federal 

Jurisdiction

2. In-Plant New Vehicle Inspection

3. Environmental Compliance Indicators

4. Regional Environmental Control Laboratories

5. Environmental Contingency Response in the ZMVM

Inspection and Monitoring of Sources under Federal Jurisdiction

Through 5,462 visits nationwide, it was determined that 23 

percent of inspected companies were in total compliance with 

the applicable law; 75 percent had committed minor violations, 

and were sanctioned accordingly. Only 2 percent of the establishments visited were found to be in serious violation, leading 

to their partial or total closing.

Environmental Compliance Indicators

As backup to the inspection and monitoring visits for pollution sources during the reporting period, the 

performance of 891 establishments was assessed against the compliance indicators; the result was 33.7 

percent fewer establishments were evaluated compared to the previous period.

However, compliance levels increased with respect to the previous period: air pollutant emitters improved 

from 49.3 to 49.8, hazardous waste generators from 49.7 to 52.9, hazardous waste service providers from 

43.0 to 55.3, biological/infectious waste generators from 57.8 to 63.3, high-risk activities from 16.1 to 19.7, 

and environmental impact from 43.5 to 44.4.

In-Plant New Vehicle Inspection

A total of 144 vehicle or engine families produced or imported by the country’s 30 assembly plants were 

inspected. For 99 of these, air emission and noise control tests were performed, yielding satisfactory 

results with respect to the maximum allowable limits. For 15 imported vehicle families and 30 imported 

engines, inspection was limited to verifying the existence of an emissions certificate issued by the authorities in the country of origin.

Results of inspection visits 

and monitoring of pollution sources

2%

23%

75%

■		No irregularities

■		Minor irregularities

■		Closings
74 Annual Report 2000 

Regional Environmental Control Laboratories

The national network of laboratories operating in Mexicali (Baja California), Ciudad Juárez (Chihuahua), 

Guanajuato (Guanajuato), Villahermosa (Tabasco) and Mexico City provided a solid foundation for 

industrial inspection and monitoring visits, and 1,380 samples were taken during these visits to help assess 

compliance. These samples gave rise to 8,405 tests, including 225 CRETI (waste with corrosive, reactive, 

explosive, toxic or ignitable characteristics), 5,910 atomic absorption and 2,270 gas chromatography tests.

Legal Affairs

It is important to note the augmented powers given to Profepa through the enactment of the Internal 

Regulation of the Semarnat, published in the DOF on 4 June 2001. This regulation reorganized and 

strengthened the agency by bringing the Federal Environmental Offenses and Litigation Branch (Dirección General de Delitos Ambientales Federales y Litigio) and the Administrative Procedures and Advisory 

Branch (Dirección General de Control de Procedimientos Administrativos y Consulta) under the newly created Legal Affairs Division (Subprocuraduría Jurídica) of Profepa.

Concerning environmental offenses, and in an effort to create a fairer system of environmental criminal 

liability as well as to define certain environmental offenses as serious, a proposed reform of the Federal 

Criminal Code (Código Penal Federal) and the Federal Code of Criminal Procedure (Código Federal de 

Procedimientos Penales) was drafted. Also drafted was a proposed amendment to the LGEEPA to decentralize inspection and enforcement functions.

Various coordination agreements were signed with the state governments in different areas, to provide for 

greater cooperation among the three levels of government around environmental protection.

Finally, the Emergency Backlog Reduction Program (Programa Emergente de Atención al Rezago—PARE) 

for the central and state Profepa offices has the objective of reducing the backlog of administrative procedures initiated through the use of the inspection and enforcement powers of this decentralized body. The 

following results were obtained:

5(1)(f) Promoting environmental audits

In the area of environmental auditing, the accreditation scheme for environmental auditors was made more 

transparent and more strictly compliant with the Federal 

Metrology and Standards Law (Ley Federal de Metrología 

y Normalización) and the relevant LGEEPA regulation, 

thus eliminating certain excessive discretionary powers 

previously held by the authority.

Environmental Auditing Program

The results of the environmental auditing program from 

1992 to 2000, in particular its social and environmental 

impacts, were assessed. The conclusion is that the transparency of the program’s design must be improved and 

that environmental auditing processes must be governed 

by a set of standards.

It is hoped that if the program operates in a more transparent manner, it will elicit broader participation 

from representatives of industrial, commercial and service organizations, municipalities, and organizations involved in exploiting natural resources. The most important objective is to provide structures for 

Reduction of administrative procedure backlog

25,000

20,000

15,000

10,000

5,000

0

Backlogs as of 

Nov 30 2000

Number resolved 

Dec 1 2000 –

July 2001

19,741

Number pending

9,630 10,111
Annual Report 2000 75

more active and committed participation in environmental protection to small, medium-size and microbusinesses as well as the population neighboring these facilities.

The program provides for public recognition of the performance of organizations possessing a good 

environmental compliance record, and in particular those that go beyond minimum legal compliance by 

adopting international standards and good engineering practices.

The program includes promotion of environmental risk assessment and minimization by companies, 

the creation of a database of environmental emergencies, and the provision of statistical data as well as 

safety measures for the use, management and transportation of hazardous chemicals.

During the reporting period, the following actions were taken:

• Progress was made on two draft Mexican standards in this area and on the guide to the environmental auditing program, so as to improve the transparency and solidity of this program.

• 108 facilities joined the program, bringing the total to 1,839, of which 1,729 are large and 

medium-size businesses considered to be high priority due to the risk level of their activities. 

These companies represent 41.6 percent of the companies registered with Profepa.

• 130 clean industry certificates were issued to organizations showing satisfactory compliance 

with the commitments arising from their environmental audits; 19.3 percent of the registered 

companies held this certificate.

• 49 companies renewed their clean industry certificate, indicating their continuing interest in 

the program and their positive attitude towards environmental protection.

• 156 action plans were signed to address opportunities for improvement detected through 

environmental audits, representing investments of P$381.4 million. This brings the total 

investment committed by companies participating in the environmental auditing program to 

P$13,329 million from 1992 to the present.

• 307 environmental emergencies associated with the management of chemicals were reported 

and registered. In 195 cases, information was provided on the proper response. In addition, 

information was provided in response to 41 requests concerning the safe management of 

chemicals and environmental emergencies, among other aspects.

Despite the following factors, the program’s effectiveness was improved during the period:

• Due to the economic conditions during the period, many companies were uncertain as to 

whether they would join the program.

• The ongoing redesign of the Environmental Auditing Program gave many companies serious 

concerns about the new guidelines.

• The detection of variable levels of compliance by some certified companies was one of the reasons leading to the decision to strengthen the program and improve its transparency.

■ Article 6—Private Access to Remedies

In coordination with the Ministry of Control and Administrative Development (Secretaría de Contraloría y Desarrollo Administrativo), a new agency called the Integrated Service Center (Centro Integral de 

Servicios—CIS) was created. The mission of this center is to improve citizen communication with the 

environmental authorities so as to facilitate the delivery of services by Semarnat and to expedite the filing 

of requests, complaints and proposals by members of the public. Channels of communication include 

telephone lines, printed matter, offices, e-mail and Internet. In coordination with the Environmental 

Land-use Planning and Environmental Impact Branch (Dirección General de Ordenamiento Ecológico 

e Impacto Ambiental), environmental impact authorizations became the first process to be channeled 

through the CIS.
76 Annual Report 2000 

6(3)(c) Request the competent authorities to take appropriate action to enforce that Party’s environmental 

laws and regulations in order to protect the environment or to avoid environmental harm

Special treatment was given to citizen complaints, since citizen participation through this channel is an 

important means for the authorities to take cognizance of environmental problems and develop strategies 

for action.

Response to Citizen Complaints on Environmental Matters

Citizen complaints are a means for society to participate directly, in conjunction with the government, in 

monitoring and conserving natural resources and in improving environmental protection.

To incorporate the efforts, capacity and interest of civil society and its organizations, it was important to 

establish a national-, state- and municipal-level mechanism for constant, responsible community-monitoring. This made it possible to achieve the following actions and results:

• Complainants were informed of the status of their complaint within the 10-day period prescribed by the LGEEPA.

• The response time for environmental complaints was 

reduced, and complainants were informed of the results of 

the authorities’ actions.

• The reforms to the internal Regulation of Semarnat 

included, as a responsibility of Profepa, priority investigation of acts, facts or omissions arising from an environmental complaint.

• Environmental information offices were established to guide 

the public on environmental matters, and especially to 

channel a larger number of environmental complaints and 

facilitate their filing by members of the public. Complaint 

boxes were also installed at Profepa offices.

• The web-based public information mechanism about Profepa’s role in handling environmental 

complaints was updated, and complaints can now be received through this channel.

• Public interest in filing complaints was fostered by means of broad campaigns to elicit greater 

citizen participation in responding to environmental problems.

• A national environmental complaint system involving a Profepa toll-free telephone line was 

set up.

Thanks to the broader range of mechanisms making the complaint process more accessible, 4,372 complaints were received, 1,618 (37 percent) more than the previous year.

Of these, 3,575 complaints (1,725 more than were received in the same period the previous year), 82 percent were resolved while 18 percent are in process. The rate of resolution of these complaints represents 

an increase of 28.45 percent over the previous year.

Complaits received

5,000

4,500

4,000

3,500

3,000

2,500

2,000

1,500

1,000

500

0

Dec 1999 – Aug 2000 Dec 2000 – Aug 2001

2,754

4,372
Annual Report 2000 77

■ Article 7—Procedural Guarantees

7(1)(d) Each Party shall ensure that its administrative, quasi-judicial and judicial proceedings are not 

unnecessarily complicated and do not entail unreasonable charges or time limits or unwarranted delays

The ongoing process of deregulation and streamlining of administrative procedures is designed to eliminate one-fifth of the procedures recorded in the Federal Register of Procedures and Services (Registro 

Federal de Trámites y Servicios) by 2001. By then, it is planned that all procedures registered will have a corresponding form to facilitate their use by individuals and public servants. A biannual regulatory improvement program was created with the fundamental objectives of avoiding the tendency to overregulate in 

certain areas, rendering the existing legislation more internally consistent, and giving citizens more legal 

certainty. Taken together or separately, these elements will assist in improving environmental protection.
78 Annual Report 2000 

United States 

Country Report on Implementation of the Commitments Derived from the NAAEC.

The Following report was submitted to the CEC Secretariat by the Government of the United States in 

accordance with NAAEC.

Introduction

The information included in this section of the 2000 Annual Report is intended to highlight certain US 

activities and developments related to environmental protection for the year 2000. It does not represent 

the full range of activities undertaken by the US Government in compliance with the NAAEC, nor is it 

intended to reflect environmental protection efforts at the state, tribal, territory, or local level.

■ Article 2—General Commitments

Art. 2(1)(a) State of the Environment Reports

Below are some highlights of reports that the US federal government prepared and made publicly available on the state of the environment. 

• Climate Change: In November, President Clinton announced the completion of the First US 

National Assessment, “Climate Change Impacts on the United States: The Potential Consequences of Climate Variability and Change.” The US National Assessment process is mandated 

by Congress in the Global Change Research Act of 1990. The report is a landmark in the major 

ongoing effort to understand what climate change means for the US. The Assessment initiated a national process of research, analysis, and dialogue about the coming changes in climate, 

their impacts, and what Americans can do to adapt to an uncertain and continuously changing 

climate. Copies of the report are available at: <http://www.gcrio.org/nationalassessment>.

• Conserving and Enhancing US Waters: In the latest national inventory of water quality, states, 

tribes, territories, and interstate commissions report that about 40 percent of the US streams, 

lakes, and estuaries assessed (about 32 percent of all US waters) were not clean enough to support uses like fishing and swimming. The leading pollutants in impaired waters are sediment, 

bacteria, nutrients, and metals. Runoff from agricultural lands and urban areas is the primary 

source of these pollutants and will further increase the need for beach closings. As described in 

the Clean Water Action Plan, states are working to identify, from among the 2,262 watersheds 

nationwide, those high priority watersheds for which restoration plans will be developed and 

actions taken to restore water quality. For 2000, EPA established an ambitious goal of having 

improvement projects underway in 350, or about 40 percent, of the 889 high-priority water-
Annual Report 2000 79

sheds identified by states through last year’s unified watershed assessments. Funded largely 

through increased grants to states for implementation of nonpoint source controls, projects 

are underway in 324 high priority watersheds. This indicates a significant promise of real water 

quality improvements in impaired watersheds.

• Mid-Atlantic Integrated Assessment: In 1989, concurrent with the beginning of the Environmental Monitoring and Assessment Program (EMAP), EPA began the Mid-Atlantic Integrated 

Assessment to provide integrated environmental assessment information as input into future 

environmental policy decisions. Ten years of representative regional monitoring provided by 

EMAP have produced several interim assessment products that decision-makers are already 

using. These reports include: An Ecological Assessment of the United States Mid-Atlantic Region: 

A Landscape Atlas and The Condition of the Mid-Atlantic Estuaries. Copies of the reports are 

available at: <http://www/epa/gov/maia/html/reports.html>.

• Great Lakes Basin Ecosystem: The Great Lakes Basin contains one-fifth of all the world’s surface fresh water (210 trillon square meters, enough to cover the entire conterminous United 

States to a depth of about 3 meters). Environmental data on the health of the basin are indicating some improvement, yet some areas show no sign of recovery. EPA’s ability to assess 

environmental progress and challenges in the Great Lakes Basin was further enhanced in 2000 

with the release of 31 reports on proposed comprehensive, basin-wide indicators. Copies of 

the reports are available at: <http://www.on.ec.gc.ca/solec/indicators2000-e.html>.

• Report on Atlantic Large Coastal Shark Species: In 2000, National Oceanic Atmospheric 

Administration (NOAA) Fisheries Program prepared a report on the status of shark fishery 

resources in the Atlantic. The report focused on updating commercial and recreational landings, by-catch, and average weights through 1997 and providing estimates of the quantity of 

Atlantic large coastal sharks harvested by US fishers in 1999. The US commercial shark fishery 

is primarily a southern coastal fishery extending from North Carolina to Texas. Total commercial landings in 1998 and 1999 exceeded the allowed quotas. This can be attributed to catches 

in state waters occurring after federal semi-annual season closures. 

Art. 2(1)(b) Environmental Emergency Preparedness

Below are some of the highlights on the federal government’s work on environmental emergency 

preparedness.

• Toxics Release Inventory: The legislation that creates the Toxics Release Inventory (TRI) is the 

Emergency Planning Community Right-to-Know Act, which has a goal to provide information 

on toxic chemicals to the public and other users to facilitate public participation in the sound 

management of chemicals, including emergency preparedness. The year 2000 brought a 

number of significant achievements in the Toxics Release Inventory (TRI) Program, which 

published data on the releases and transfers of toxic chemicals. On 11 May 2000, the Agency 

released the 1998 TRI Public Data Release Report, which included data for seven new industry 

sectors, including electric utilities; metal mining; coal mining; chemical wholesalers; petroleum 

terminals; solvent recovery; and hazardous waste treatment, storage, and disposal facilities. 

These sectors accounted for nearly 2,000 new facilities and more than 15,000 chemical reports 

addressing nearly 2.3 billion kilograms of toxic chemicals, increasing the quantity of chemicals 

accounted for in the TRI Database by 67 percent. The 1998 TRI data are available on EPA’s 

web site at <http://www.epa.gov/tri>. Trend data for the core set of TRI chemicals and manufacturing sectors (that is, it does not include data from the seven new industry sectors), shows 

a marked decrease in releases over the past 10 years.

• West Nile Virus: EPA addressed the potential threat to the public from mosquito-borne viruses 

such as the West Nile virus, which can cause encephalitis. The Agency engaged in a broad, preemptive communication strategy to provide information on the risks and benefits of pesticide 

applications for mosquito control before and during major outbreaks. Communication prod-
80 Annual Report 2000 

ucts were targeted to the public, states, localities, pesticide registrants, formulators, pesticide 

applicators, other federal agencies, environmental groups, and other interested parties. EPA 

also ensured that states and localities applied pesticides according to proper application methods to protect the public from pesticide exposure.

• Monitoring Hazardous Natural Events: Department of Interior’s US Geological Survey 

(USGS) enhanced its ability to characterize and monitor hazardous events in near-real and real 

time by using telemetered stream gauges and earthquake sensors that are capable of delivering 

information almost instantaneously. In 2000, the USGS met its performance goals by increasing the quarterly average number of stream gages readings on the Internet (cumulative) to 

4,872 (past the target of 4,700) and the number of real-time earthquake sensors (cumulative) 

to 291 (target was 200). The long-term goal is to ensure the continued transfer of hazardsrelated data, risk assessments, and disaster scenarios needed by USGS customers before, during, and after natural disasters. 

• Wildland Fires: The calendar year 2000 was one of the worse wildland fire seasons in the US 

on record. Nationally, more than 92,000 fires burned nearly 30 million square meters. It 

started on New Year’s Day and ran deep into the fall, costing $6.1 billion to fight. In the wake 

of this, Department of Interior and other agencies committed to working with communities 

that are near public lands in the “urban-wildland interface” in a federal program to reduce the 

threat to wildfires. Federal government agencies will work with these communities to reduce 

fuels, restore and rehabilitate areas damaged by the 2000 fires, ensure federal firefighting forces 

are fully prepared for future wildfire seasons, and enhance local firefighting efforts through the 

local rural fire districts. In addition, Congress increased the 2001 budgets of federal wildfire 

fighting agencies by $1.8 billion to fully fund fire preparedness, fire operation, and rural fire 

assistance efforts. 

• NOAA Responds to Spills: NOAA responded to calls for assistance for more than 100 spills of 

oil and chemicals into the Nation’s coastal waters. In one incident in Maryland, a pipeline ruptured, releasing about 126,000 gallons of oil into surrounding marshes, Swanson’s Creek, and 

the Patuxent River. NOAA and other natural resource trustees worked with the pipeline owner 

to assess and restore the damaged natural resources. NOAA and its partners also closed six 

cases, recovering funds for restoration of spill damaged coastal resources. Included was a large 

settlement for the 1996 North Cape oil spill off Rhode Island, where over one million lobsters 

will be restocked and $8 million will be provided to restore other natural resources.

Art.2(1)(c) Environmental Education

The US federal government funds many state, local, and nongovernmental organizations to provide environmental education in a variety of areas. Below are some highlights of environmental education successes 

from 2000. 

• Education on Air Pollution: In a program that combines EPA’s commitment to accurate, 

timely environmental information with cutting edge technology, AIRNOW displays the smog 

levels throughout the day and tracks changes hour by hour. AIRNOW presents the information 

in easy-to-understand maps. “Real-time” data are available for 35 states and Washington DC. 

Air pollution forecasts for 135 cities appear in USA Today and on the Weather Channel. The 

goals of EPA’s AIRNOW web site are to (1) provide real-time air pollution data in an understandable, visual format; (2) provide information about health and environmental effects of air 

pollution; (3) provide the public with information about ways in which they can protect their 

health and actions they can take to reduce pollution. More information on this program is 

available at <http://www.epa.gov/airnow>. 

• Education on Indoor Air Pollutants and Asthma: In 2000, EPA took action to raise public 

awareness about the role of triggers of asthma in increasing the severity and frequency of 

asthma episodes in indoor settings. The action was part of the Childhood Asthma Initiative 

and focused particularly on children of low-income families. The Ad Council, which provides 
Annual Report 2000 81

advertising campaigns for the public good, selected EPA for a multi-year partnership through 

which the Council is providing pro bono creative services to help the Agency develop a series 

of public messages about the relationship between indoor pollutants and asthma.

• Radon: EPA met its goal in 2000 to educate the public about the health risks of indoor radon 

exposure by collaborating with states through the federal radon grants program and working in partnership with nongovernmental organizations such as the National Environmental 

Health Association and the Consumer Federation of America Foundation. Based on sales of 

radon mitigation fans, EPA estimates that as a result of various outreach activities some 52,000 

residential radon mitigation took place in 2000, meaning that approximately 138,800 more 

people lived in homes where radon exposure has been reduced than last year.

• Consumers Information on Drinking Water: As a result of the new Consumer Confidence 

Report Rule, for the first time ever approximately 253 million Americans have access to annual 

consumer confidence reports on the quality and safety of their drinking water. These reports 

give customers of drinking water systems the information they need to make their own health 

decisions. More than 100 million Americans are able to read their water quality reports online. Water systems, states, and EPA worked hard to assure compliance with this rule in its first 

year, providing reports for 99 percent of the population covered by the rule. In May 2000 the 

Agency also revised the Public Notification Rule to require public water systems to alert consumers within 24 hours if there is a serious problem with their drinking water that might pose 

a health risk.

• EPA and CDC Mosquito Control Web Site: In 2000, EPA and the Centers for Disease Control 

(CDC) initiated a web site that describes how the two agencies are collaborating in the effort 

to halt the emergence and spread of infectious diseases via mosquitoes. The web site describes 

the mosquito life-cycle, mosquito control programs, integrated pest management options and 

the importance of education in maximizing mosquito control efforts. More information on 

this program is available at <http://www.epa.gov/pesticides/citizens/mosquitojoint.htm>.

• Sun Wise School Program: In 1999, EPA launched the Sun Wise School Program to promote 

sun safety practices. The program’s goal is to protect children from skin cancer, cataracts, and 

other long-term UV-related health effects. Sun Wise now reaches 10,000 children between the 

ages of five and 15 in 42 states across the nation. In 2000 EPA set a target that 60 percent of 

children in Sun Wise schools would be very likely to use Healthy People 2000 “safe sun” practices. EPA has found, however, that an “all of the time” standard is more likely to be associated 

with greater risk reduction and less disease. Using this revised metric, in 2000 the proportion 

of Sun Wise children who used sunscreen all of the time was 26 percent; hats, 18 percent; longsleeve shirts, 23 percent; and sunglasses, 25 percent. The action steps recommended by Sun 

Wise are provided at <http://www.epa.gov/sunwise/actionsteps>. 

• Parks as Classrooms: The National Parks Service (NPS) “Parks as Classrooms” program 

encourages parks to work with local school districts to integrate park themes into multi-disciplinary curriculum and to share those results nationally. In 2000, the NPS funded 57 projects 

reaching 182,000 students and over 19,700 teachers. Parks have worked with K-12 schools on 

activities such as: bringing students into the Parks to help with seed collection and restoration 

projects; developing education modules that tie “Student Stewardship” activities into the K-12 

science curriculum; taking students on experiential learning expeditions into the parks; among 

many other types of projects.

• Educational Partnerships to Reduce Incidental and Direct Takes of Sea Turtles: Grade school 

educators and students are learning about marine biology and living marine resources through 

a new curriculum in Texas called “Living Classrooms.” The cooperative program between the 

NOAA Fisheries’ Galveston Laboratory, the Moody Gardens Aquarium, the Galveston Historical Foundation and the Galveston Independent School District provides interactive teaching 

between field trips and the classroom. At the Galveston Laboratory, students are given instruction about sea turtle life histories and NOAA’s international sea turtle conservation and recovery efforts. During 2000, approximately 12,600 students and adults were given instructional 

tours and educational materials by the staff at the NOAA Fisheries Galveston Sea Turtle Facil-
82 Annual Report 2000 

ity. More information about the program can be seen at <http://galveston.ssp.nmfs.gov/galv/

turtles/brochure/barn.htm>.

• Sustainable Seas Explores Hawaii and More: The Sustainable Seas Expeditions (SSE) is a 

five-year project using advanced undersea technology to explore the marine environment and 

increase public awareness of marine sanctuaries. In 2000, SSE missions took place at four 

National Marine Sanctuaries: Hawaiian Islands Humpback Whale, Channel Islands, Monterey 

Bay, and the Florida Keys, as well as across the West Florida Shelf. Exploration and research 

activities were tied to education and outreach programs through events in all of the National 

Marine Sanctuaries.

• Marine Debris Conference—A Success: In response to growing concern over the large amount 

of derelict fishing gear washing ashore on remote beaches and coral reefs, NOAA and its 

Hawaiian Islands Humpback Whale sanctuary hosted the International Marine Debris Conference in Hawaii. The conference covered policy and legal issues, source identification, impacts 

of marine debris, industry considerations, and outreach efforts to deal with this unique threat 

to the marine environment.

• NOAA Supports Showcase Communities: NOAA provided technical support to several 

Brownfields Showcase Communities, including Glen Cove, NY; Providence, RI; and East Palo 

Alto, CA. These projects demonstrate the positive results of public and private collaboration 

in addressing brownfield challenges to clean up and reuse of underutilized industrial facilities 

impacted by environmental contamination.

Art. 2(1)(d) Scientific Research and Technology Development

Numerous government agencies, departments, state programs, and universities are conducting environmental research and developing new technology. Below are some of the highlights of the research and 

development activities at the federal level. The highlights are broken out into the following areas: Air, Hazardous Waste, Water, Toxic Substances, Pesticides, Land Management, Fisheries and Geological Survey.

Air

• Air Quality Models: In 2000, EPA completed key research on an atmospheric model (the Community Multi-scale Air Quality (CMAQ) model, or Models-3/CMAQ), that will allow state, 

tribal, and local air quality managers to more accurately forecast the benefits of alternative 

ozone, particulate matter (PM), and regional haze source controls. Models-3/ CMAQ simultaneously looks at ozone, PM, visibility, acid rain, and some toxics, as an aid in evaluating control 

strategies for one or several ozone precursors. EPA offices and regions are working together to 

encourage states to use the model for upcoming State implementation plans.

• Exposure to Air Particulate Matter: EPA leads research efforts to characterize human exposures to PM and to evaluate the biological mechanisms behind PM’s respiratory and cardiovascular effects. PM-related research in FY 2000 included assessments to determine the best 

means to estimate health outcomes and the susceptibility of sensitive subgroups, including 

children and senior citizens. A recently completed exposure study indicates that exposure of 

senior citizens to PM creates health risks. Research in FY 2000 also included the evaluation of 

the role of various components of PM, such as transition metals, in producing toxicity. EPA is 

also conducting research to evaluate, improve, and develop control technologies for industrial 

and commercial sources. Results of these efforts will ensure that the Agency’s review of the PM 

standard is based on the most up-to-date scientific standards available. Additional research 

focuses on measurements, methods, and models to support the review of the PM standard, 

including the evaluation of the Models-3/CMAQ for PM, which the states can use to predict 

which reductions in emissions sources will likely achieve attainment of PM National Ambient 

Air Quality Standards.
Annual Report 2000 83

• Air Toxics Research: In FY 2000 EPA’s air toxics research program developed and demonstrated new methods to assess risks from urban toxics and conducted research to develop 

integrated control and pollution prevention approaches for source categories (such as utilities, 

waste combustors, and industrial boilers) that have the greatest adverse effect on urban air 

quality. Results of this research will support the Agency’s efforts to develop strategies to reduce 

the risks posed by the multitude of hazardous air pollutants present in many urban areas 

across the United States.

Hazardous Waste

• Contaminated Wastes: Research efforts in 2000 were devoted to improving methods for measuring, monitoring, and characterizing complex wastes in soils and groundwater; developing 

approaches that enable risk assessors to accurately estimate the amount of a contaminant 

found in a soil matrix; and developing more cost-effective technologies for characterizing and 

remediating contaminated soils, sediments, and groundwater. Research focused on understanding the fate, transport, and treatment of fuel oxygenates, particularly methyl-tertiary 

butyl ether, to help improve source control to reduce impacts on drinking water supplies.

Water

• Evaluation of Chemicals and Microbial Contaminants in Drinking Water: In 2000 EPA continued to strengthen the scientific basis for drinking water standards by providing improved 

methods and new data to better evaluate and control the risks associated with exposure to 

chemical and microbial contaminants in drinking water. To support the Safe Drinking Water 

Act and its 1996 amendments, EPA’s drinking water research program focused on the development of health effects data, analytical tools, and risk assessment methods for disinfectant byproducts (DBPs), waterborne pathogens, and arsenic. The Agency also continued to develop 

and evaluate cost-effective treatment technologies for removing pathogens from water supplies 

while minimizing DBP formation, and for maintaining the quality of treated water in the distribution system. Increased emphasis was placed on filling key data gaps and developing methods for chemicals and microbial pathogens on the Contaminant Candidate List.

• Aquatic Systems: Research in 2000 evaluated exposures to stressors and their effects on aquatic 

systems and will improve EPA’s understanding of the structure, function, and characteristics 

of those systems. This research will be used to improve risk assessment methods to develop 

aquatic life, habitat, and wildlife criteria. EPA is also developing assessment methods and costeffective management technologies for contaminated sediments, with an emphasis on identifying innovative in situ solutions. Also, in 2000, NOAA completed a synthesis of scientific 

recommendations for assessing the effects of chemical contaminants in estuaries and marine 

sediments for three classes of chemical contaminants: polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), and tributyltin (TBT).

• Toxic Constituents of Wet Weather Flows: In 2000 EPA continued to develop diagnostic tools 

to evaluate the exposures to toxic constituents of wet weather flows. The Agency also continued to develop and validate effective watershed management strategies for controlling wet 

weather flows, especially high-volume, toxic flows. Research was also conducted to develop the 

effective beach evaluation tools necessary to make timely and informed decisions on beach 

advisories and closures.
84 Annual Report 2000 

Pesticides and Toxic Substances

• Asbestos: A 1999 consumer scare over asbestos-contaminated vermiculite prompted EPA to 

undertake an analysis of the level of asbestos in vermiculite. Vermiculite is a product whose 

absorbent properties make it useful in lawn and garden, agriculture, and horticulture products. 

EPA’s analysis found that consumers face only a minimal health risk from using vermiculite 

products at home or in their gardens. However, because the analysis showed that occupational 

vermiculite exposure might be higher, EPA provided the analysis to the Occupational Safety and 

Health Administration (OSHA) for further study.

• New Methods of Estimating Ecological Risk: EPA has developed preliminary methods that 

estimate the magnitude, probability, and certainty of ecological risk. These probabilistic methods have been peer reviewed by the Scientific Advisory Panel, and EPA has started using these 

new methods in its ecological risk assessments. 

• Ecotoxicity Database: In 2000, EPA added 500 new ecotoxicity studies to the ecotoxicity database, including wildlife and plant toxicity information for over 630 pesticide active ingredients. The toxicity data is compiled from actual studies submitted by pesticide manufacturers, 

reviewed by EPA, and judged for acceptability for use in EPA’s ecological risk assessment process. The database also contains acceptable studies performed by EPA, USDA, and US Fish and 

Wildlife Service laboratories. 

• More Precise Estimates for Measuring Pesticide Concentrations: EPA worked with the US 

Geological Survey (USGS) to develop advanced models to estimate more precise pesticide concentrations at specific drinking water intakes (point at which water is drawn). These models 

will allow EPA to tailor its risk management decisions to specific locations and help the program 

measure exposure to pesticides in drinking water across a large segment of the population. 

• Pesticide Aggregate and Cumulative Risk Model: This model comes out of a cooperative 

agreement between EPA and the Hampshire Research Institute (HRI) and will support the 

development of an aggregate and cumulative risk modeling tool to be made available to the 

general public. The computer-based modeling tool will allow persons interested in risk assessment to better engage in a discussion of exposure and risks from pesticides in the environment. This effort is geared to more effectively protect public health and the environment 

through fostering the dissemination of reliable information on risk, and by increasing the 

public’s ability to analyze, understand and make decisions about environmental problems. 

• New Pesticide Multianalyte Methods: As a result of its collaborative relationship with the pesticide industry, EPA developed 10 new Multianalyte Methods (MAM) to detect certain groups 

of acetolactate synthase (ALS) inhibitor herbicides in soil and water at limits of quantitations 

(LOQ) between 2.0 and 0.01 parts per billion.

• Protocols for Testing the Efficacy of Disinfectants Against HBV: EPA’s Office of Pesticide Programs has developed new guidance regarding a Hepatitis B virus (HBV) testing alternative. As 

part of EPA’s commitment to continue to advance scientific methodologies that will protect 

the public and also reduce animal testing, EPA has endorsed the in vitro (test tube) duck assay 

as the appropriate and preferred alternative to animal testing. The FIFRA Scientific Advisory 

Panel has also endorsed and supported this approach. The in vitro duck assay uses duck Hepatitis B virus as a surrogate for human Hepatitis B virus. This method maintains the rigorous 

efficacy testing requirements to ensure public health protection. An additional benefit of this 

method is the potential for a significant reduction in the use of animals for such testing, while 

maintaining EPA’s high standards for testing accuracy and reliability. 

Land Management

• Pilot Reservoir Monitoring Program: Working with US Geological Survey (USGS), EPA 

designed and implemented a pilot reservoir monitoring program that provides monitoring 

data from raw and finished water in 12 reservoirs throughout the United States. The results of 

this monitoring study will be made public in 2001. 
Annual Report 2000 85

• Natural Science Data for Land Management Decisions: USGS environment and natural 

resource programs focus on understanding, modeling, and predicting how multiple forces 

affect natural systems. In 2000, USGS developed or improved six decision support systems 

that enable land managers, decision makers, and citizens to make sound decisions about how 

to live on and manage the land. The USGS provided these customers with a better understanding of natural systems at all scales, with more and better predictive tools and decision 

support systems, and with easier access to natural science data.

• Coastal Erosion Hazards Evaluated: To assist managers in making decisions related to coastal 

erosion, NOAA worked with the Oregon Department of Land Conservation and Development 

to create computer dune erosion modeling program. In partnership with the Washington 

(state) Department of Ecology, NOAA enhanced this tool by adding Airborne Topographic 

Mapping LIDAR data. The resulting science-based, cutting-edge technology product, called 

the Dune Hazard Assessment Tool, will help coastal managers identify risks from coastal erosion.

Fisheries

• Monitoring of Bio-toxin Levels in Pacific Northwest Shellfish Stocks: NOAA Fisheries scientists working in cooperation with the Washington State Department of Fish and Wildlife 

(WDFW) have greatly improved the state’s ability to monitor domoic acid in razor clams 

(Siliqua patula). Because of high domoic acid variability between clams, current sampling 

protocols have led to false openings and closures on Washington state beaches. As a result, the 

recreational and commercial fishers lose confidence in the risk management of this resource, 

leading to poaching and ignoring of closures. In 2000, work was completed on a study 

describing the variability of domoic acid in Washington state razor clams on Kalaloch Beach. 

NOAA Fisheries scientists examined the spatial variability of biotoxin levels in razor clams and 

determined that if the sampling protocol was modified to increase the number of clams tested 

for domoic acid, fewer problems with false closure/openings would occur.

• Marine Protected Areas as Supplemental Management Tool for Rebuilding Pacific Groundfish 

Stocks: In 2000, current information on the use of marine protected areas (MPAs) in managing California’s resources was distributed to a wide audience of managers, conservationists, 

policy makers, and scientists in proceedings of the symposium “A Continuing Dialogue on 

No-take Reserves for Resource Management.” The proceedings include an introduction to the 

symposium and eight original papers on an analysis of California’s existing MPAs and options 

for the future; critical considerations for using MPAs to manage fisheries; genetic variability 

in marine populations; human disturbance and regulatory compliance; and economic and 

social implications of MPAs. The information from this symposium already is helping to direct 

future research and managerial decisions regarding protection and conservation of Pacific 

groundfish resources along the West Coast of the US.

• Manage Mitchell Act Program for Increased Fishery Benefits and Conservation of Species 

Listed on the Endangered Species Act (ESA): Biological Assessments were completed in 2000 

on the Mitchell Act hatchery program and water diversion screening program. These assessments include measures to minimize adverse effects on ESA-listed species. Upcoming Biological 

Opinions will confirm or alter these measures. Program cooperators are now preparing detailed 

Hatchery and Genetic Management Plans for each hatchery, including performance standards 

and associated performance indicators, that will guide future hatchery management toward 

strategies that increase biological and/or public benefits while minimizing biological risks.

• Ecological Value of Natural and Restored Estuaries Habitats in the Gulf of Mexico: The following projects related to coastal and marine habitats were completed by NOAA Fisheries in 

2000: (1) An approach to refining Essential Fish Habitat (EFH) designations for Gulf of Mexico (GOM) estuaries was developed that coupled analyses of brown shrimp, density data, environmental factors and habitat types in Galveston Bay, Texas, with a geographical information 

system (GIS), resulting in a more spatially resolved estimate of potential EFH; (2) Studies sup-
86 Annual Report 2000 

porting the design of salt marsh restoration projects in GOM estuaries showed that the value 

(based on utilization) of a 1-hectare marsh island for commercially-important decapod crustaceans could be increased 4-6 times by replacing 20–26% of the created marsh surface with 

creeks; and (3) Research on the habitat value of “terracing” (a relatively new wetland-restoration technique using existing bottom sediments to form terraces at marsh elevation), showed 

that replacing shallow non-vegetated bottoms with terraces will benefit fishery resources.

• Mandatory Ship Reporting System to Prevent Ship Strikes with Endangered North Atlantic 

Right Whales: Under NOAA and US Coast Guard (USCG) lead, the United States developed 

and submitted to the International Maritime Organization (IMO) a proposal to create Mandatory Ship Reporting (MSR) systems in two locations along the US East Coast to reduce the 

threat of ship strikes to North Atlantic right whales. The IMO adopted the proposal in late 

1998. It is the first and only IMO-endorsed ship reporting system to protect a marine species 

(most are for human safety.) The MSR requires all commercial ships over 300 tons to report to 

a shore-based system upon entering designated areas that encompass right whale critical habitat. The ship’s report prompts an automated return message that provides information to the 

mariner about (a) the vulnerability of right whales to ships strikes (the major cause of death in 

this population); (b) precautions that can be taken to reduce the likelihood of striking a whale; 

and (c) recent right whale sighting locations. Incoming reports are parsed to a database for 

later analysis of ship traffic patterns and volume the first such information of its kind. NOAA 

Fisheries worked with the USCG to develop the satellite-linked communication system and 

ship-shore-ship messaging systems. All costs are shared between the two agencies. A contract 

to run the system was awarded by the USCG and, as planned, the system became operational 

in July 1999.

• Gulf of Mexico Hypoxia Studies Continue. NOAA provided support for mapping the hypoxic, 

or “dead zone” off the Louisiana coast. Each summer, nutrient discharge from the Mississippi 

River causes a zone of oxygen depleted water to develop off the Louisiana coast in the middle 

of a critical commercial and recreational fishery. NOAA led its partners in efforts to complete 

the national plan to reduce, mitigate, and control hypoxia in the Gulf of Mexico.

Geological Survey 

• NOAA and USGS Create New Mapping Product. NOAA partnered with the US Geological 

Survey on the NOAA-USGS Bathy/Topo/Shoreline Tampa Bay Demonstration Project. The 

team developed a bathymetric/topographic digital elevation model (DEM) for the Tampa Bay 

region. Decision-makers will use this map, along with updated shoreline and other geographic 

tools, to manage coastal resources and protect property from coastal hazards.

Art. 2(1)(f) Economic Instruments 

Completion of Phase I and beginning of Phase II of the US SO2 Emissions Trading Program (Title IV 

of the CAAA): The SO2 Emissions Trading Program sets a cap on total SO2 emissions from electricity 

generating sources, then allocates each source a certain number of “allowances” each year. Allowances are 

the limited authorization to emit SO2, one allowance is equivalent to one ton of SO2. The total number of 

allowances is set by the cap. Allowances can be bought, sold or saved for future use. Sources must have 

an allowance for each ton of SO2 emitted during the year. Sources must also continuously measure and 

report their emissions data using the most accurate technology available. If sources reduce emissions 

below their allowance level, they can save or sell the surplus allowances, providing an incentive for further 

reductions. Sources have a variety of compliance options including; installation of control equipment, 

fuel switching, increasing efficiency, purchasing allowances or a combination of these alternatives. By 

harnessing market forces, the program has led to significant emissions reductions and cost savings.

Phase I of the SO2 Emissions Trading Program (1995–1999) resulted in a 50% reduction, over 5 million 

tons, of SO2 from the highest-emitting electric utility sources primarily located in the eastern half of the 
Annual Report 2000 87

United States. The Program achieved 100 percent compliance and reductions were achieved on time and 

were greater than expected. These SO2 reductions have resulted in measurable environmental improvements. Sulfate deposition levels (an indicator of acid rain) decreased by as much as 25 percent over sensitive ecosystems in the Eastern US. Regional air quality also improved as noted by reductions in ambient 

sulfate levels. Costs have been dramatically lower than anticipated. Early estimates from 1990 anticipated 

costs for compliance in 2010 to be over $5 billion dollars, more recent estimates from 1998 anticipate 

total costs to be less than one billion dollars at full implementation. Beginning in 2000 Phase II of the 

Program covers all large electricity generating units in the country, over 2,300 units. In the year 2000, all 

major utility sources reduced emissions of SO2 by 35 percent from 1980 levels. This is the lowest emission 

level achieved by the utility sector since the 1970s. By 2010, SO2 allowances will drop to 8.95 million tons 

collectively for all sources, representing a reduction of 50 percent from 1980 levels. More information is 

available at <http://www.epa.gov/airmarkets>.

 The efficacy of the SO2 emissions trading program in both reducing emissions and compliance costs has 

spurred policy makers to consider using emissions trading for other suitable environmental problems. An 

emissions trading program, known as the NOx Budget Program, was established collectively by Northeastern State to help reduce the unhealthful levels of smog during hot summer months. Participating States 

asked EPA to help administer their NOx trading program. As a result of the Program, over 260,000 tons of 

NOx were reduced during the 2000 ozone season.

Art. 2(3) Measures Prohibiting or Severely Restricting the Use of Pesticides and Toxic Substances 

EPA continues to protect the human health, the environment and food safety by reviewing all new 

and existing chemicals and pesticides. EPA makes a regulatory determination about the safety of each 

chemical and pesticide, and denies or restricts the use of the chemical or pesticide that does not meet 

current health or ecological standards. The US informs Canada and Mexico under NAAEC and other 

international treaties of such restrictions. The following are some of the most significant restrictions that 

occurred in 2000. 

• Nearly All Household Uses of Dursban Eliminated: To protect children and public health, EPA 

and the manufacturer of the pesticide Dursban agreed, on 8 June 2000, to eliminate its use 

for nearly all household purposes and to move to significantly reduce residues of it on several 

foods regularly eaten by children. Dursban, also known as chlorpyrifos, is the most widely 

used household pesticide produced in the US. It is an ingredient used for a broad range of lawn 

and home insecticide products, for agricultural purposes, and for termite treatment. Under the 

agreement, production will cease and there will be a phase-out of all home, lawn and garden 

uses, and the vast termite control uses. 

• EPA Reviews Older Pesticides: EPA reviewed the safety of 19 pesticide active ingredients found 

in approximately 2,000 pesticide products on the market and completed 121 tolerance reassessment decisions. Of the 19 pesticides, all uses of one pesticide are being cancelled–ethyl 

parathion; some uses of six pesticides are being cancelled–terrazole, vinclozolin, fenthion, 

oxamyl, phorate, propetamphos; and other types of risk mitigation measures were taken for all 

except mevinphos and fenitrothion. Examples of risk mitigation measures include prohibiting 

certain application methods, increasing re-entry intervals, requiring protective clothing, and 

restricting use near bodies of water. 
88 Annual Report 2000 

■ Article 3—Levels of Protection

In 2000, the United States proposed and finalized various rules designed to increase levels of environmental protection. Additionally, executive orders were issued addressing specific environmental concerns 

and the US engaged in international negotiations for similar purposes. The following provides summary 

information on these and other actions taken by the US to maintain and increase national levels of environmental protection. 

Water, Ocean, and Water Ecosystems

• Estuaries and Clean Waters Act: On 7 November 2000, President Clinton signed the Estuaries and Clean Waters Act of 2000. This legislation reauthorizes the National Estuary Program, 

the Chesapeake Bay Program, the Long Island Sound Program, the Clean Lakes Program, and 

authorizes pilot programs of alternative water sources, a Lake Ponchatrain restoration program 

and funds for the cleanup of the Tijuana River near San Diego. It establishes a national goal of 

restoring four million square meters of estuary habitat by 2010 and authorizes a total of $275 

million over the next five years for matching funds for local estuary habitat restoration projects. 

It also establishes an Estuary Habitat Restoration Council that is responsible for developing a 

National Habitat Restoration Strategy within one year and for reviewing and establishing funding priorities among restoration projects. EPA serves on the Council, which is chaired by the US 

Army.

• Oceans Act: On 8 August 1999, President Clinton signed the Oceans Act of 2000 mandating 

the establishment of a new high-level “Commission on Ocean Policy” for the purpose of making policy recommendations designed to promote the protection of the United States’ oceans 

and coastal resources. The Oceans Act of 2000 follows up on the President’s commitment to 

work with Congress to establish a commission to address the present and future protection of 

America’s oceans and coastal waters. The Act went into effect on 20 January 2001. The Commission, which will be comprised of 16 members and will include representatives from government, academia, industry, and environmental and scientific communities, will report to both 

the President and Congress.

• Protection and Sustainable Use of Marine Resources: President Clinton signed Executive 

Order 13158 on Marine Protected Areas to protect the marine environment by “strengthening and expanding the Nation’s system of marine protected areas (MPAs),” on 26 May 2000. 

A Marine Protected Area is defined as “any area of the marine environment that has been 

reserved by Federal, State, territorial, tribal, or local laws or regulations to provide lasting protection for part or all of the natural and cultural resources therein.” The Order requires the 

federal government, with the Department of Commerce and the Department of Interior as the 

lead agencies, to develop a national system of MPAs in order to identify and protect sensitive 

marine ecosystems. In response to the Order, the EPA launched a new Clean Water Act regulatory initiative to develop comprehensive regulations to protect sensitive coastal water bodies. 

• Thunder Bay National Marine Sanctuary Designated: The waters of Lake Huron’s Thunder 

Bay were designated as a National Marine Sanctuary and Underwater Preserve in October 

2000. The region contains about 160 shipwrecks that span more than a century of Great Lakes 

maritime history. This sanctuary is the thirteenth in the network of National Marine Sanctuaries and the first in the Great Lakes.

• New Effluent Limitations: In 2000 EPA promulgated four new effluent limitation guidelines 

for the landfill, commercial hazardous waste combustor, transportation equipment cleaning, and centralized waste treatment industries, which should result in combined pollution 

reduction benefits of more than 29 million kilograms of pollutants per year. The Agency also 

proposed a rule to prevent large fish kills at cooling water intakes at new facilities and issued 

the 2000 Effluent Guidelines Plan, which outlined a new strategy for future regulation. EPA 

published a final test procedure for cyanide that will help NPDES permit writers set limits and 

help regulated facilities demonstrate compliance with those limits.
Annual Report 2000 89

• Watershed Approach to Federal Land and Resource Management: The final Unified Federal 

Policy for a Watershed Approach to Federal Land and Resource Management was published in 

the Federal Register on 18 October 2000. The policy—which was signed by the Environmental 

Protection Agency; the Departments of Interior, Energy, Agriculture, Defense, and Commerce; 

the National Oceanic and Atmospheric Administration; the Army Corps of Engineers; and the 

Tennessee Valley Authority—is intended to provide a framework to enhance watershed management for the protection of water quality and the health of aquatic systems on federal lands 

through a unified inter-agency watershed approach. The policy is expected to enhance current 

watershed approaches by improving consistency among federal agency watershed protection 

programs and by expanding cooperation among federal, tribal, state and local partners. This 

policy is one of 111 action items in President Clinton’s February 1998 Clean Water Action 

Plan: Restoring and Protecting America’s Waters. 

• Bioaccumulative Chemicals: In November 2000, the EPA published a rule to significantly 

reduce direct discharges of the most toxic chemicals into the Great Lakes in an effort to protect 

public health and help restore the Great Lakes. The chemicals, referred to as “bioaccumulative 

chemicals of concern” (BCCs), include mercury, polychlorinated biphenyls or PCBs, dioxin, 

chlordane, DDT and mirex. Specifically, the rule prohibits the use of “mixing zones” for BCCs 

in the Great Lakes System, subject to certain exceptions. (A mixing zone is an area where discharges of toxic chemicals are allowed to mix with receiving waters and dilute). The rule prohibits new discharges of BCCs into mixing zones in the Great Lakes System and phases out the 

use of existing mixing zones for BCCs in the Great Lakes System over 10 years. EPA expects 

the rule to reduce mercury from direct water discharges, like outfall pipes, into the Great Lakes 

by up to 90 percent.

• Concentrated Animal Feed Operations: On 15 December 2000, the EPA proposed strict new 

controls to protect public health and the environment from animal wastes from large, industrial feedlot operations. Over the past twenty years, many smaller, scattered livestock facilities 

have been consolidated into fewer but much larger feeding operations that result in greater 

and more concentrated generation of wastes. It is estimated that the 370,000 or so large and 

small livestock operations that confine animals generate approximately 58 billion kilograms 

of manure each year. Pollution from livestock is associated with many types of waterborne 

disease, as well as problems like Pfiesteria outbreaks. The new requirements would apply to as 

many as 39,000 concentrated animal feed operations (CAFOs) nationally. Among the proposed regulations are requirements for CAFOs to restrict the spreading of manure on their 

land to the amount needed for proper agriculture use, in order to limit runoff of pollutants to 

waterways. The new controls are deemed an important step in the implementation of the Unified National Strategy for Animal Feeding Operations, issued by the EPA and the US Department of Agriculture in March 1999. 

• Beach Protection Program: In 2000, EPA and state officials worked to strengthen the voluntary beach protection program to help states and local communities protect their residents 

from exposure to contaminated waters at their beaches. EPA’s internet site posted information provided by state and local officials on 1,981 beaches—35 percent more beaches than last 

year, and approximately 50 percent more beaches than when the program began in 1997. This 

information included 150 digitized maps available to the public, meeting EPA’s goal for 2000. 

Approximately 460 beaches (24 percent of the reported beaches) had at least one advisory or 

closing during the year. Although the number of beaches reported has increased significantly 

during the past three years, the percentage of beaches with a closing or advisory has remained 

consistent at approximately 25 percent. Leading causes of impairment included rain leading to 

storm water runoff which caused elevated bacterial levels.

• Work Continues on Forecasting Harmful Algal Blooms. Harmful algal blooms, including “red 

tides,” are toxic growths of phytoplankton and other algae and can kill fish, birds, sea mammals, and even humans. NOAA worked to detect and forecast the occurrence of harmful algal 

events. NOAA made progress identifying Pfiesteria’s mechanisms of toxicity and its effects on 

humans and fish in coastal waters from Delaware to North Carolina.
90 Annual Report 2000 

Wildlife

• National Wildlife Refuges: In 2000, Fish and Wildlife Services designated nine new National 

Wildlife Refuges to increase the total acres protected under the National Wildlife Refuge System to 38 million hectares (an increase of 138,000 hectares). The number of acres designated 

as Wilderness (lands that are protected in their natural condition) increased by 15,000 hectares. 

In addition, five new National Monuments were created. In total, federally owned lands under 

the jurisdiction of the Department of Interior, such as the designations described above, at the 

end of 2000 increased by approximately 264,000 hectares from 1999.

• Endangered Species: The Fish and Wildlife Service improved or stabilized 58 percent, or 309 

species out of 532 species listed as endangered or threatened under the Endangered Species Act 

(ESA). Fish and Wildlife Service approved 19 species for removal from listing under the ESA, 

exceeding the target of 15 species.

Hazardous Waste

• Institutional Control of Hazardous Waste: The EPA issued Institutional Control guidance on 

29 September 2000. The Guidance states that institutional controls are “administrative and/or 

legal controls that minimize the potential for human exposure to contamination by limiting 

land or resource use.” The Guidance is intended to serve as an EPA tool to assist site managers 

identify and evaluate institutional control options for Comprehensive Environmental Response 

Compensation and Liability Act (CERCLA) and Resource Conservation and Recovery Act 

(RCRA) sites.

• Hazardous Waste Cleanup: As a measure of achieving progress in hazardous waste cleanups, 

EPA has selected construction completion, the point at which a cleanup remedy is in place. During 2000, 87 Superfund sites reached construction completion, exceeding the Agency’s goal of 85 

sites, for a total of 757 sites over the life of the program which is on track with the long-term goal 

of achieving 900 construction completions by the end of 2002. The location and other information about these sites can be found at <http://www.epa.gov/superfund/sites/query>. 

• Corrective Action Program: Addressing near-term threats, EPA’s Corrective Action Program 

documented that current human exposure to contamination is under control at an additional 

191 of the high priority facilities and that migration of contaminated groundwater is under 

control at an additional 168 facilities. Over the life of the program, EPA and its state partners 

have documented that current human exposures have been controlled at a total of 642 facilities and that migration of contaminated groundwater has been controlled at a total of 565 

facilities. Although cumulative facility totals remain ahead of the long term goals projected for 

the program in 1998, several sites that had previously been recorded as meeting the environmental indicators in 1999 had their determinations reversed because of new data provided by 

authorized states. These included 26 sites previously recorded for current human exposures 

controlled and 43 sites previously recorded for groundwater release controlled. For additional 

information on the Corrective Action Program accomplishments: <http://www.epa.gov/

epaoswer/hazwate/ca/index.htm>.

Air

• Heavy-Duty Trucks and Diesel Fuel: On 21 December 2000, the EPA announced a major 

action to provide the cleanest running heavy-duty trucks and buses in history. The action represents the first-ever comprehensive standards for diesel fuel and heavy-duty trucks and buses 

and is expected to lead to vehicles that will be 95 percent cleaner than trucks and buses currently 

on the road. Additionally, this action calls for a 97 percent reduction in the sulfur content of 

highway diesel fuel from 500 parts per million to 15 parts per million. The fuel provisions will 

go into effect in 2006. The rule allows for a phase-in approach and provides engine manufacturers with flexibility to meet new standards between 2007 and 2010. Once the program is fully 

implemented, it is predicted it will reduce 2.4 million metric tons of smog-causing nitrogen 
Annual Report 2000 91

oxide emissions each year. This reduction is expected to result in the prevention of 8,300 premature deaths, 5,500 cases of chronic bronchitis, 17,600 cases of acute bronchitis in children, 

over 360,000 asthma attacks and more than 386,000 cases of respiratory symptoms in asthmatic 

children each year. Furthermore, it is anticipated that this action will prevent 1.5 million lost 

work days, 7,100 hospital admissions and 2,400 emergency room visits for asthma annually. 

• Monitoring Levels of Air Pollutants: In 2000, as the result of sustained improvements in air 

quality and the fulfillment of other Clean Air Act (CAA) requirements, 13 additional areas, 

with a population of 5.2 million people, were found to have improved air quality enough to 

meet at least one of the standards for the criteria pollutants (some core performance measures 

for criteria pollutants). Despite this progress in air quality improvement, more than 62 million people still live in counties with monitored pollution levels that do not meet one or more 

national air quality standards (this number does not consider the 8-hour ozone standard). To 

address the persistent air pollution problems in those areas, EPA is working with the states, 

tribes, and local governments on additional strategies and has proposed a program to control 

regional haze, which is largely caused by particulate matter.

Toxic Emission Performance Requirements: On 21 December 2000, the EPA announced that new toxics 

emission performance requirements are being set for conventional gasoline and cleaner-burning reformulated gasoline. Under these new requirements, refiners must maintain their average 1998–2000 toxics 

performance levels, which are better than what regulations require, for benzene, formaldehyde, acetaldehyde, 1,3-butadiene, and particulate organic matter, identified as “toxic air pollutants.” All five of these air 

toxics are known or probable human carcinogens. Levels of air toxics from mobile sources are decreasing 

as a result of EPA’s clean air programs that have produced cleaner cars and cleaner burning gasoline. For 

example, benzene levels in urban areas decreased nationwide by almost 40 percent between 1993 and 

1998. This trend is expected to continue because of more stringent standards for cars and light- and 

heavy-duty trucks and cleaner diesel fuel. This rule helps to ensure that the positive steps already taken 

to reduce mobile source air toxics will continue. Because motor vehicles emit a variety of toxic air pollutants, in 2003, EPA will begin to re-evaluate emissions of these pollutants to ensure adequate protection of 

public health and the environment.

For stationary sources, EPA has also continued to set technology-based standards to reduce toxic air emissions from large industrial sources. In 2000, EPA proposed eight Maximum Achievable Control Technology (MACT) standards covering 12 types of emission sources. The Agency also issued three final MACT 

standards for four source categories. These rules will reduce an estimated 56,000 metric tons of emissions 

each year when fully implemented and, combined with all other MACTs standards set thus far, will reduce 

nearly one million metric tons of emissions each year.

Trade

• Environmental Review of Trade Agreements: In an effort to ensure that environmental 

considerations are taken into account in the trade context, on November 16, 1999, President 

Clinton signed Executive Order 13141 on Environmental Review of Trade Agreements aimed 

at reinforcing the United States’ commitment to a “policy of careful assessment and consideration of the environmental impacts of trade agreements.” The Executive Order calls for environmental reviews of the following types of agreements that the United States may negotiate: 

comprehensive multilateral trade rounds; bilateral or plurilateral free trade agreements; and 

major new trade liberalization agreements in natural resource sectors. The United States Trade 

Representative (USTR) and the Chair of the Council on Environmental Quality (CEQ), in 

consultation with other appropriate federal agencies, were charged with overseeing the implementation of the order. In December 2000, USTR and the CEQ announced guidelines for 

implementation of E.O. 13141. 
92 Annual Report 2000 

Pesticides and Toxic Substances

• Pesticides–Acute Dietary Exposure: On 22 March 2000, EPA published a notice of availability 

in the Federal Register for a revised science policy that the Agency will use to regulate potential 

exposures to pesticides resulting from their use on food crops. The policy, titled “Choosing a 

Percentile of Acute Dietary Exposure as a Threshold of Regulatory Concern,” was one of the 

issues identified by the Tolerance Reassessment Advisory Committee as crucial to implementing tolerance reassessment under the Food Quality Protection Act of 1996. Under the Act, EPA 

is required to reassess the maximum pesticide residue limits on food. If EPA determines that 

99.9 percent of the population are exposed to a pesticide at levels below the dose determined 

to pose negligible risk, then acute dietary exposure to the pesticide would generally meet EPA’s 

standard of reasonable certainty of no harm. The revised policy explains the Agency’s rationale for using the 99.9th percentile as a standard for regulating pesticides based on short-term 

exposures through food. EPA believes that setting the regulatory standard at the 99.9th percentile of exposure is fully protective for all populations and is supported by the most current 

scientific information

• Public Health–Pesticides: In 2000, the EPA and the Centers for Disease Control and Prevention (CDC) signed a Memorandum of Understanding (MOU) that formalized the process 

by which the two agencies collaborate on implementing the public health provisions of the 

Food Quality Protection Act of 1996. The MOU establishes a broad framework and working 

relationship for coordinating on-going activities between the Agencies. These activities include 

carrying out particular goals such as developing and implementing programs to improve 

and facilitate the safe use of methods necessary to combat and control pests of public health 

concern. The memorandum designates liaisons in both agencies and establishes a process for 

regular consultation and information sharing. Other goals include ensuring the continued availability of effective minor use public health pesticide products and ensuring that regulatory decisions regarding public health pesticides are based upon sound science and expert consultation.

• Asbestos: In 2000 EPA proposed extending the Asbestos Worker Protection Rule issues under 

the authority of the Toxic Substances Control Act. The proposal is intended to extend protection from the risks associated with asbestos exposure to state and local government workers in 

27 states not otherwise covered by Occupational Safety Health Administration (OSHA) asbestos standards, or by OSHA-approved state Worker Protection plans, as well as employees in the 

automotive brake and clutch repair industry. 

■ Article 4—Publications

The Federal Register is the official daily publication for rules, proposed rules, and notices of federal 

agencies and organizations, as well as Executive Orders and other Presidential Documents. The Federal 

Register is issued by the Government Printing Office and is the publication which all federal agencies use 

to publish their regulations and legal notices. EPA maintains The Federal Register Site which includes the 

full-text of selected Federal Register documents that deal with environmentally-related issues and provides 

notices from October 1, 1994 through the present. This site can be accessed by going to the following 

address <http://www.epa.gov/fedrgstr/>. 

The National Service Center for Environmental Publications maintains and distributes EPA publications 

in hardcopy, CD ROM and other multi-media formats. The current publication inventory includes over 

7,000 titles. NSCEP also develops and distributes the annual EPA National Publications Catalog. For more 

information on this service go to <http://www.epa.gov/ncepihom/index/htm> or call (800) 490-9198. 

Government agencies, including the EPA, also issue publications on a variety of topics. For example, for 

each fiscal year (which runs from October through September), EPA issues the “Summary of the EPA’s 

Budget” (also known as the “Budget in Brief”) which provides an overview of the Agency’s Budget and of 
Annual Report 2000 93

Agency activities as a whole. The Summary is available online for fiscal years going back to 1997 at <http:

//www.epa.gov/ocfopage/budget/budget.htm>. EPA program offices also frequently issue one-time publications designed to educate citizens on a particular environmental concern. For example, the Office of 

Pollution Prevention and Toxics issued a publication designed to help citizens concerned about lead, titled 

“Lead in Your Home: A Parent’s Reference Guide.” The guide was issued to educate parents and homeowners about lead hazards and lead poisoning prevention in the home and is available on the Internet at 

<http://www.epa.gov/opptintr/opptpubl.htm>. 

■ Article 5—Government Enforcement Action

What’s New

In 2000, EPA’s performance in its enforcement and compliance program reflected strong progress in 

achieving the goal of a credible deterrent to pollution. The program relied on traditional measures 

coupled with new outcome-oriented measures to evaluate progress and document results. Continuing its 

focus on the most serious health and environmental violations, EPA placed a high priority on correcting 

violations among major corporations with multiple facilities throughout the United States. 

The US Government through EPA and the Department of Justice took a record cumulative total of 6,027 

civil judicial, criminal and administrative enforcement actions, requiring parties to pay $2.6 billion in 

injunctive relief for environmental cleanup, Superfund site remediation, pollution control and cleanup, 

improved monitoring and additional environmental improvements. Violators were also required to pay 

$224.6 million in civil and criminal penalties. The combined level of civil and criminal penalties assessed 

in fiscal year 2000 was the third-largest total in EPA history. 

Enforcement actions were taken in response to significant emissions or discharges or toxic or hazardous 

pollutants. The major pollution reductions realized through civil enforcement included: 410 million 

kilograms of soil and sediments contaminated with toxics; over 5 million kilograms of chromium, a heavy 

metal, which can cause neurological illness; over 5.5 million kilograms of fecal coliform, which can cause 

severe illness from drinking contaminated water; over 53 million kilograms of solvents, which can be 

carcinogenic and are used in numerous industries; and over 9 million kilograms of PCB wastes. The cases 

resolved by the criminal enforcement program included those involving the illegal management or release 

of serious pollutants such as: over 36 million kilograms of lead, which can cause neurological damage and 

reduce learning in children; 3.4 million kilograms of asbestos, another carcinogen; and over 0.4 million 

kilograms of ozone-layer depleting CFCs.

Concluded enforcement actions also require changes in facility practices that bring environmental 

improvements. In 2000, approximately 14 percent of concluded enforcement actions required improvements in the use or handling of pollutants, such as changes in industrial processes or storage and disposal 

practices to achieve emission and discharge reductions. Approximately another 61 percent required 

improvements to environmental management systems. Violators were required to spend more than $2.61

billion to correct violations, known as “injunctive relief,” and take additional steps to protect the environment. Settlement of enforcement cases also produces supplemental environmental projects (SEPs) in 

which violators perform additional environmentally beneficial projects in exchange for a penalty reduction. In 2000 SEPs totaled $66.82

 million, with Clean Air Act (CAA) settlements accounting for 60 percent 

of the total.

1. The money spent by polluters to correct violations includes $1.6 billion from FY2000 cases and $1billion from the Tampa Electric Company (TECO) settlement.

2. The money spent by polluters on SEPs includes $55.8 million from FY 2000 enforcement cases and $11 million from the TECO settlement.
94 Annual Report 2000 

The US Fish and Wildlife Service is responsible for enforcing US regulations and laws to implement 

international agreements that protect wildlife resources. Its Special Agents are charged with enforcing 

eleven domestic wildlife protection laws and US laws implementing five international treaties, including 

the Convention on International Trade in endangered Species (CITES). It also manages migratory bird 

populations, restores nationally significant fisheries, conserves and restores wildlife habitat, such as wetlands, and helps foreign governments with their conservation efforts. 

Actions to conserve and protect our living marine resources are taken by NOAA Fisheries Office for 

Law Enforcement (OLE). These actions are multi-fold and stretch beyond the physical borders of the 

United States. In conjunction with the US Coast Guard, the OLE has prosecuted foreign fishing vessels 

for illegally fishing within the US’s Exclusive Economic Zone (EEZ). Protective measures that have been 

implemented provide protection for our fish stocks, marine mammals, sea turtles and the habitats in 

which they dwell.

The NOAA Fisheries OLE has now developed an ongoing plan and two pilot programs in cooperation 

with the NOAA’s National Ocean Service (NOS) Sanctuaries Program. The plan developed includes agreements for the OLE to assign agents to conduct enforcement work within the Stellwagen Bank Sanctuary 

off Cape Cod and in the Monterey Bay Sanctuary in the waters off of Southern California. Basic planning for the program was completed in 1999 and the agents were selected and assigned in early 2000. 

Enforcement activities combining the use of outreach, education, patrol, and investigations as the primary 

approaches have been well received by the Sanctuaries Managers and constituents. 

Article 5(1)(a) Training Inspectors

EPA provides support to regulatory partners through development of user-friendly guides, reference 

materials, assisted inspections, and training. To enhance the expertise of state and tribal inspectors, EPA 

conducted 713 assisted inspections. In addition the Agency conducted 154 training classes or seminars 

for states, localities, and tribes to improve their ability to identify and reduce noncompliance. EPA 

also provided 34 states with direct access to the user-friendly on-line targeting and information system, 

exceeding its target of 21 states. This system provides states with enhanced information about noncompliance patterns.

NOAA Fisheries OLE conducts training sessions for various Federal, tribal and state enforcement agencies 

and departments. These sessions are conducted in all 23 coastal states, Idaho and US commonwealths 

and territories. Training covers fishery regulations, Turtle Excluder Devices (TEDs), habitat destruction, 

Closed Areas for fishing, Endangered Species Act, Marine Mammal Protection Act, marine wildlife standings, illegal wildlife importations, marine resources protection awareness, and many other issues.

Article 5(1)(b) Monitoring Compliance and Investigations

In 2000, EPA conducted 20,123 inspections and 660 intensive civil compliance investigations. The investigations, which are more complex and intensive assessments of a facility’s compliance status, are a key 

component of EPA’s strategy to identify and resolve the most serious environmental violations involving 

significant environmental or public health impact. 

Also, EPA put into place several outcome measures that allow the Agency to evaluate the compliance 

behavior of the regulated community. For example, to assess the Agency’s effectiveness in deterring recurrence of significant noncompliance problems, EPA is now establishing a baseline for the percentage of 

violators with recurring significant violations within two years of returning to compliance. EPA is now 

also measuring the time taken by significant violators to return to compliance or begin implementing 

enforceable agreements. (Significant noncompliance is carefully defined for each media program based 

primarily on criteria of severity and duration.)
Annual Report 2000 95

The US Fish and Wildlife Service’s efforts to combat unlawful commercial exploitation of US resources 

included investigations of: Hawaiian coral trafficking, interstate sale of oysters from polluted waters, unlawful commercialization of paddlefish and white-tailed deer along the Missouri River, theft of cacti from Federal lands in the southwest, and the killing of bald eagles in the Midwest for the Native American handicraft 

trade. Also, agents investigated a major steel mill and railroad company for creating environmental hazards 

that harmed migratory birds and worked on cases involving pesticide abuse, including the deliberate misapplication of Furadan on an Illinois farm where it killed more than 26,000 protected birds. 

In 2000, wildlife inspectors stationed at major US ports and border crossings monitored some $1 billion 

worth of wildlife imports and exports for compliance with wildlife protection laws and treaties. Caviar 

smuggling, which has been a significant enforcement challenge since new global protections for sturgeon 

went into effect in 1998, remained a problem. Interceptions of illegal roe occurred at most major ports 

of entry staffed by the Service, with frequent arrests and seizures in New York, Los Angeles, and Miami, 

where five “suitcase” smugglers were stopped in one four-day period alone in April 2000. 

In 2000, NOAA Fisheries OLE spent over 9,000 man-hours conducting aerial, boat and land-based 

patrols, while another 89,000 were spent investigating over 3,200 cases. These investigations primarily fall 

under the jurisdiction of five legislative acts: Magnuson-Stevens Fishery Management and Conservation 

Act, Marine Mammal Protection Act, Endangered Species Act, Lacey Act and Marine Sanctuaries Act.

Article 5(1)(c) Voluntary Compliance

In 2000, the National Compliance Assistance Clearinghouse, a new innovative web site, was launched. 

Using a network of web links, the Clearinghouse is a single repository of directories to federal, state, local 

and other compliance assistance providers, their web sites and the products/services they have developed. 

It provides the most comprehensive source of compliance assistance materials for the compliance assistance community. 

EPA’s 10th Compliance Assistance Center was established to help improve environmental compliance by federal agencies. The centers offer interactive web sites, telephone assistance lines, document fax-back systems 

and e-mail discussion groups. In FY 2000, the centers were used over 400,000 times by regulated entities and 

the public, a 56 percent increase over FY 1999. Other compliance assistance tools such as hotlines, workshops 

and guidance materials effectively reached more than 450,000 regulated entities, a 36 percent increase over 

the number reached in FY 1999. EPA targets compliance assistance activities to regulated facilities, states, 

trade associations, compliance assistance providers, the public, universities, and nonprofit organizations. 

The Fish and Wildlife Service emphasized partnerships with industry and public outreach to promote voluntary compliance with wildlife protection laws. Special agents worked with oil and gas companies and 

electric utilities to reduce migratory bird mortality associated with their activities. When oil producers in 

Arkansas, Oklahoma, Texas, New Mexico, Wyoming, and North Dakota were notified concerning problems at their facilities, most completed the necessary remedial action needed to remove threats to birds. 

Agents presented seminars on bird protection laws and techniques for preventing avian electrocutions to 

electric power industry groups in New Mexico, Alaska, South Carolina, Colorado, and Quebec province 

and teamed with a number of utilities to produce an award-winning video promoting “bird friendly” 

electric power distribution. They secured corrective measures from utilities in Washington, New Mexico, 

Arizona, and California, where the state’s major power supplier agreed to increase efforts to retrofit power 

lines responsible for electrocuting migratory birds. 

The Service was also successful in educating airline officials and Asian food markets in the New York City 

area about the dangers of importing live mitten crabs (an injurious species). While shipments containing thousands of crabs had been intercepted in the fall of 1999, Service inspection alerts from September 

through December 2000 uncovered no violations during the “season” for trade in this ecologically harmful Chinese delicacy. 
96 Annual Report 2000 

While many interactions with marine resource violators result in penalties, fines and jail time, agents and 

officers of NOAA Fisheries OLE have numerous other tools available to deter crime, educate the public 

and enforce the laws. Through the Community Oriented Policing and Problem Solving (COPPS) philosophy the OLE has developed six components (programs) which it them to deal with situations and 

activities through a variety of means. These six components include: Community Outreach, Fix-It Notice 

program, ProAction NOAA Fisheries Enforcement Hotline, Recognition and Awards, and Community 

Relations Team (CRT). In FY 2000, OLE spent over 5,000 man-hours on Voluntary Compliance Program 

issues and an undeterminable amount of hours on other COPPS related issues.

Article 5(1)(f) Promotion of Environmental Audits

EPA has two significant incentives policies pertaining to audits that are designed to address different 

groups of the regulated community—the Audit Policy/Self-Policing Policy and the Small Business Policy. 

It has continued to successfully use its several incentive programs to encourage industries to self-audit 

their facilities and correct violations. These policies provide incentives for regulated facilities to detect, 

disclose, and correct environmental violations and they produce excellent results. In FY 2000, 430 companies disclosed potential violations at nearly 2,200 facilities under EPA’s Audit Policy, a sizeable increase 

over last year’s results of 260 companies disclosures at 989 facilities. The Agency continues to expand 

the use of its voluntary self disclosure policies, working cooperative with multi-facility corporations and 

whole industry sectors to use the policy to correct and disclose violations.

The Small Business Compliance Policy provides penalty waivers to small businesses that, following the 

policy’s criteria, voluntarily discover, disclose, and correct a violation. FY 2000 modifications to the policy 

expanded the situations in which a business could use this tool to include any voluntarily discovered violations, not merely violations discovered as a result of on-site compliance assistance or audits. The updated 

policy also extends the disclosure period from ten to 21 days, allowing small businesses more time to 

consider the policy, resolve any questions, and prepare their disclosure letters.

Article 5(1)(h) Encouraging Mediation and Arbitration Services

EPA strongly supports the use of alternative dispute resolution (ADR) to deal with disputes and potential 

conflicts. EPA uses the definition of ADR in the Administrative Dispute Resolution Act of 1996: “any 

procedure that is used to resolve issues in controversy, including but not limited to, conciliation, facilitation, mediation, fact finding, minitrials, arbitration, and use of ombuds, or any combination thereof” (5 

U.S.C. § 571(3)). All these ADR techniques involve a neutral third party, a person who assists others in 

designing and conducting a process for reaching agreement, if possible. The neutral third party has no 

stake in the substantive outcome of the process. Depending on the circumstances of a particular dispute, 

neutral third parties may be Agency employees or may come from outside EPA. Typically, all aspects of 

ADR are voluntary, including the decision to participate, the type of process used, and the content of any 

final agreement. 

EPA encourages the use of ADR techniques to prevent and resolve disputes with external parties (e.g., state 

agencies, industry, environmental advocacy groups) in many contexts, including adjudications, rulemaking, policy development, administrative and civil judicial enforcement actions, permit issuance, protests 

of contract awards, administration of contracts and grants, stakeholder involvement, negotiations, and 

litigation. In addition, EPA encourages the use of ADR techniques to prevent and resolve internal disputes 

such as workplace grievances and equal opportunity employment complaints, and to improve labormanagement partnerships. Information on the current accomplishments for EPA’s ADR program are 

available at <http://www.epa.gov/adr/adrrept.pdf>. 
Annual Report 2000 97

Article 5(1)(j) and 5(3) Judicial, Quasi-Judicial or Administrative Proceedings to Seek Appropriate 

Sanctions or Remedies

In FY 2000, EPA took a total of 5,791 civil judicial and administrative enforcement actions, the highest 

number taken in the past 10 years. A record 1,763 administrative complaints and 3,660 administrative 

compliance orders and field citations were issued, almost double the number issued in FY 1999. More 

than 1,700 of the administrative orders were issued to local water suppliers to ensure that they provided 

reports to their consumers on the quality of their drinking water, a major “public right to know” requirement of the 1996 amendments to the Safe Drinking Water Act. EPA also took 32 enforcement actions 

against federal agencies in FY 2000, involving violations of the Clear Air Act, Clean Water Act, Resource 

Conservation and Recovery Act, and the Safe Drinking Water Act. 

The criminal enforcement program, used for those who violate the law knowingly or willfully, initiated 

477 cases, referred 236 cases to the US Department of Justice, and resulted in criminal charges against 

360 defendants. The federal courts imposed 146 years of criminal sentences in FY 2000. The courts 

also assessed $122 million in criminal fines, the second highest in the history of the program and almost 

double the FY 1999 total of $61.6 million. 

As a result of the settlement agreement between EPA and Willamette Industries, the release of approximately 27,000 tons of pollutants to the air will be prevented per year. The agreement covers 13 facilities 

in four states for violations of Clean Air Act (CAA) provisions designed to ensure that air quality does not 

deteriorate in areas that have been previously deemed to have clean air. The company will pay the largest CAA civil penalty ever assessed for factory emissions of air pollution—$11.2 million—which will be 

shared with EPA and three states (Arkansas, Louisiana and South Carolina) joining EPA in the action. 

Koch Industries, a petroleum refining firm, agreed to pay a record fine of $30 million to improve its leakprevention programs and spend $5 million on environmental projects for very serious violations of the 

Clean Water Act stemming from more than 300 oil spills in six states. Texas joined the US in suing Koch 

Industries, and the landmark penalty will be divided equally between Texas and the federal government. 

A US Fish and Wildlife Service investigation of caviar trafficking that involved both US and Russian roe 

resulted in an American caviar company being fined $10.4 million (the largest ever in a US wildlife trafficking case) and a 41-month prison sentence for the company’s former president. A multi-year probe of 

two companies that smuggled more than 300 high-value shahtoosh shawls, which are made from the hair 

of the protected Tibetan antelope, marked the first criminal prosecution in the United States for profiteering in this contraband fashion item. Service agents teamed with Canadian counterparts to expose a 

complex African finch smuggling scheme undertaken by an Ontario aviary; the case secured landmark 

penalties against the company’s owners in both countries, including the first prison sentence ever assessed 

under the Wild Bird Conservation Act. 

Additional Information: Each year the EPA issues a report providing specific and summary information on EPA achievements in enforcement and compliance assurance in the areas of policy development 

and implementation by headquarters and regional offices. The 2000 report, “Enforcement and Compliance Assurance Accomplishments Report for Fiscal Year 2000,” can be obtained from the National 

Center for Environmental Publications and Information at (800) 490-9198 or on the Internet at <http:

//www.epa.gov/oeca/>. 
98 Annual Report 2000 

■ Article 6—Private Access to Remedies

Article 6(2) provides that Parties “shall ensure that persons with a legally recognized interest under its law 

in a particular matter have appropriate access to administrative, quasi-judicial or judicial proceedings for 

the enforcement of the Party’s environmental laws and regulations.” 

Many US federal environmental laws include provisions that allow members of the public to initiate a 

lawsuit in federal court against the government or private parties that violate federal environmental laws 

and regulations. Such lawsuits are referred to as citizen suits. In order to bring a citizen suit, however, a 

plaintiff must have a legally recognized interest in the matter (“standing” pursuant to Article III of the US 

Constitution). In January 2000, the US Supreme Court reviewed the issue of “standing” in the context of 

a citizen suit brought under the Clean Water Act. The opinion is of general interest and importance for 

its ruling on the question of standing to bring a citizen suit. 

In a 7-2 decision, the Court held that: (1) groups had standing to bring citizen suits seeking both injunctive relief and civil penalties, and (2) a suit was not automatically rendered moot because a defendant 

came into compliance with the law after a suit is filed. Friends of the Earth v. Laidlaw Environmental 

Services, Inc. 528 US 167 (2000). 

The first issue addressed by the Court was whether citizens have standing to file suit seeking penalties 

against an alleged violator of the CWA, even though the plaintiffs would not receive any direct benefit if 

penalties were imposed, since payment of penalties would be made to the US Treasury, not the plaintiffs. 

The Court ruled that the plaintiffs did have standing, explaining that payment of civil penalties to the government for CWA violations satisfies the standing requirement of Article III of the US Constitution. The 

Court explained that “[h]ere, the civil penalties sought by [the plaintiffs] carried with them a deterrent 

effect that made it likely, as opposed to merely speculative, that the penalties would redress [the plaintiffs’] 

injuries by abating current violations and preventing future ones.” (Id. at 187)

The second issue involved whether defendant’s post-complaint compliance with the CWA rendered plaintiffs’ action moot. The Court reversed the lower court’s ruling and held that defendant’s compliance with 

the CWA after the complaint was filed did not moot the plaintiffs’ claims for civil penalties. 
III

Annual Report 2000 

99

2000 Financial Review

2000 Audited Financial Statements

Annual Report 2000 101

Annual Report 2000 103
104 Annual Report 2000 
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106 Annual Report 2000 
Annual Report 2000 107
108 Annual Report 2000 
Annual Report 2000 109
110 Annual Report 2000 
Annual Report 2000 111
112 Annual Report 2000 
Annual Report 2000 113
114 Annual Report 2000 
IV

Annual Report 2000 115

Looking Ahead

Annual Report 2000 117

Program

This item includes:

• project costs, including costs of publications (please note that the apparent decreases in the 

Environment, Economy and Trade program area reflect the re-location of the Trade in Wildlife 

Species project into the Conservation of Biodiversity program area);

• salaries of staff whose activity relates directly to projects, Council, JPAC and Executive Management; 

• NAFEC—including management costs as well as funds for grants of up to $100,000 and funds 

for projects not exceeding $10,000; 

• specific obligations under NAAEC; 

• a portion of rent (85 percent);

• costs of Council Sessions, JPAC meetings and public meetings; 

• telecommunication costs; and

• executive management, including costs for the Mexico liaison office.

Administration and support

These items support the Commission as a whole and include Administration and Accounting, Public 

Outreach, the remaining part of rent (15 percent), external administrative support, relocation expenses 

for staff, office equipment and supplies, and operating equipment that include the payments for ongoing 

equipment leases.

Contingency Fund

Set aside for unforeseen costs.

2001 Annual Program and Budget Overview
118 Annual Report 2000 

2001 Project Budget Summary

I—Environment, Economy and Trade

1.1.1 Emerging Environmental Trends in North America 167,000

1.1.2 Assessing Environment and Trade Relationships 185,000

1.2.1 Supporting Biodiversity Conservation through Green Goods and Services: Shade Coffee, 

the Chamaedorea Palm and Sustainable Tourism

270,000

1.2.2 Market and Financial Mechanisms in Support of the Environment 128,000

II—Conservation of Biodiversity

2.1.1 Strategic and Cooperative Action for the Conservation of Biodiversity in North America 220,000

2.1.2 North American Bird Conservation Initiative 245,000

2.1.3 Species of Common Conservation Concern 100,000

2.1.4 Mapping Marine and Estuarine Ecosystems of North America 115,000

2.1.5 North American Marine Protected Areas Network 138,000

2.1.6 Global Programme of Action for the Protection of the Marine Environment from Land-based Activities 

in North America

80,000

2.1.7 Closing the Pathways of Aquatic Invasive Species across North America 80,000

2.1.8 North American Biodiversity Information Network 197,000

III—Pollutants and Health

3.1.1 Facilitating Trinational Coordination in Air Quality Management 241,000

3.1.2 Developing Technical and Strategic Tools for Improved Air Quality in North America 142,000

3.1.3 Trinational Air Quality Improvement Initiative: North American Trade and Transportation Corridors 95,000

3.2.1 Sound Management of Chemicals 917,000

3.3.1 North American Pollutant Release and Transfer Register 419,000

3.4.1 Capacity Building for Pollution Prevention 115,000

3.4.2 Children’s Health and the Environment in North America 153,000

IV—Law and Policy

4.1.1 Cooperative Report on Environmental Standards 70,000

4.2.1 North American Regional Enforcement Forum 108,000

4.2.2 Enforcement and Compliance Capacity building 223,000

4.2.3 Enforcement/Compliance Reporting 60,000

4.2.4 Environmental Management Systems to Promote Compliance and Environmental Performance 85,000

Projects Budget (C$)
Annual Report 2000 119

Budget Summary for 2001

Programs Budget (C$)

1–4. Program 4,553,000 

1. Environment, Economy and Trade 750,000 

2. Conservation of Biodiversity 1,175,000 

3. Pollutants and Health 2,082,000 

4. Law and Policy 546,000 

7. Program support 6,020,000 

7.1 Salaries 3,685,000 

7.2 Telecommunications 89,000 

7.3 Rent 617,000 

7.4 Operating equipment 148,000 

7.5 Office supplies 140,000 

7.6 Relocation and orientation 96,000 

7.7 Executive Management 350,000 

7.7.1 Office of the Executive Director 140,000 

7.7.2 Program Directorate 37,000 

7.7.3 Communications Directorate 30,000 

7.7.4 Mexico Liaison Office 143,000 

7.8 Public outreach 436,000 

7.9 Planning and evaluation 89,000 

7.10 Contingency fund 370,000 

7.10.1 Unforeseen needs 148,000 

7.10.2 Reserve for reimbursement of Quebec taxes 74,000 

7.10.3 Reserve for currency fluctuations 148,000 

8. Other initiatives 2,443,000 

8.1 SOUN 1,022,000 

8.2 NAFEC 739,000 

8.3 Council 312,000 

8.4 JPAC 370,000 

Grand total for program related-costs 13,016,000 

9. Administration and finance 1,073,000 

9.1 Salaries 637,000 

9.2 Telecommunications 12,000 

9.3 Rent 84,000 

9.4 Operating equipment 15,000 

9.5 Office supplies 16,000 

9.6 Relocation and orientation 22,000 

9.7 External administrative support 287,000 

Total Expenses 14,089,000 
120 Annual Report 2000 

Revenues

Description 2001

1-8. Program 13,016,000 

9. Administration and finance 1,073,000 

Total Expenses 14,089,000 

Summary

Parties’ contributions 13,293,000 

Carry over 663,000 

Interest 133,000 

Total Income 14,089,000 

Income 2001
Annual Report 2000 121

Graphic Overview 2002

1-5

7.1

7.2

7.3

7.4

7.7

7.8

7.9

7.10

7.5 •

8.1

8.2

8.3 8.4

1-4 Program implementation 34%

7 Secretariat operations 47%

7.1 Salaries 28%

7.2 Telecommunications 1%

7.3 Rent 5%

7.4 Operating equipment 1%

7.5 Office supplies 1%

7.6 Relocation and orientation 1%

7.7 Executive Management 3%

7.8 Public outreach 3%

7.9 Planning and evaluation 1%

7.10 Contingency fund 3%

8 Other initiatives 23.5%

8.1 SOUN 8%

8.2 NAFEC 6%

8.3 Council 2%

8.4 JPAC 3%

Grand Total for Program-related Costs 92%

9.1 Salaries 34%

• 9.2 Telecommunications 1%

• 9.3 Rent 8%

• 9.4 Operating Equipment 1% 

Administration and Finance 8%

• 9.5 Office Supplies 1%

• 9.6 Relocation and Orientation 2%

9.7 External Administration 

 Support 27%

Administration and Finance

Program-related Costs

7.6

*from December 2000

Annual Report 2000 123

CEC Secretariat Directory*

Janice Astbury

NAFEC Coordinator 

Tel: (514) 350-4353; e-mail: jastbury@ccemtl.org

Greg Block

Director of Programs

Tel: (514) 350-4320; e-mail: gblock@ccemtl.org

Eduardo Delgadillo

Director of Administration and Finances 

Tel: (514) 350-4354; e-mail: edelgadi@ccemtl.org 

Charles Dickson

Director of Communications

Tel: (514) 350-4308; e-mail: cdickson@ccemtl.org

Janine Ferretti

Executive Director

Tel: (514) 350-4303

Nathalie Daoust

Executive Assistant 

Tel: (514) 350-4318; e-mail: ndaoust@ccemtl.org

Hernando Guerrero

Director of Mexico Liaison Office

Tel: (5) 659-5021; e-mail: guerrero@cec.org

Andrew L. Hamilton

Senior Scientific Advisor 

Tel: (514) 350-4332; e-mail: ahamilto@ccemtl.org

Hans Herrmann

Head of Conservation of Biodiversity Program

Tel: (514) 350-4340; e-mail: hherrman@ccemtl.org

Douglas Kirk

Managing Editor, English Language Publications 

Tel: (514) 350-4352; e-mail: dkirk@ccemtl.org

Raymonde Lanthier

Managing Editor, French Language Publications 

Tel: (514) 350-4322; e-mail: rlanthier@ccemtl.org

Miguel López

Managing Editor, Spanish Language Publications 

Tel: (514) 350-4358; e-mail: mlopez@ccemtl.org

David Markell

Director, Submissions on Enforcement Matters Unit 

Tel: (514) 350-4355; e-mail: dmark@ccemtl.org

Nick Nikkila

Program Manager, Air Quality

Tel: (514) 350-4337; e-mail: nnikkila@ccemtl.org

Marc Paquin

Council Secretary

Tel: (514) 350-4324; e-mail: mpaquin@ccemtl.org

Darlene A. Pearson

Head of Law and Policy Program

Tel: (514) 350-4334; e-mail: dpearson@ccemtl.org

Manon Pepin

JPAC Liaison Officer

Tel: (514) 350-4305; e-mail: mpepin@ccemtl.org

Erica Phipps

Program Manager, Technical Cooperation 

Tel: (514) 350-4323; e-mail: ephipps@ccemtl.org

Carla Sbert

Legal Officer, Submissions on Enforcement Matters Unit 

Tel: (514) 350-4321; e-mail: csbert@ccemtl.org

Marcos Silva

Information Technology Services Manager 

Tel: (514) 350-4348; e-mail: msilva@ccemtl.org

Jeffrey Stoub

Publications Manager

Tel: (514) 350-4327; e-mail: jstoub@ccemtl.org

Scott Vaughan

Head of Environment, Economy and Trade Program

Tel: (514) 350-4302; e-mail: svaughan@ccemtl.org

Cristóbal Vignal

Planning, Monitoring and Evaluation Officer

Tel: (514) 350-4333; e-mail: cvignal@ccemtl.org