K& L GATES Kirkpatrick & Lockhart Preston Gates Ellis Lip

1601 K Street N W

Washington, DC 20006-160 0

T 204 .778 .9000 w ww .klgates.co m

VIA EMAIL

October 10, 2008

Water Docket

U.S. Environmental Protection Agency

Mailcode 4101T

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

Submitted by email at ow-docket@epa .gov

Attention: Docket ID No. EPA-HQ-OW-2008-005 5

Regarding the U.S. Environmental Protection Agency's 2008 Proposed Issuance of a

National Pollutant Discharge Elimination System (NPDES) Vessel General Permit

(VGP) for Discharges Incidental to the Normal Operation of Commercial and Large

Recreational Vessels

To Whom It May Concern :

These comments are submi tted on behalf of Lake Michigan Carferry, Inc ., (LMC) of

Ludington, Michigan. LMC is the owner and operator of the S .S.1 Badger, a large commercial car

ferry operating on Lake Michigan and the Great Lakes that will be subject to the proposed

National Pollutant Discharge Elimination System (NPDES) Vessel General Permit VGP) for most

if not all of its discharges . These comments address the discharge of boiler effluent from the

vessel. The Badger is a coal -fired vessel that for decades has discharged boiler effluent comprised

largely of water containing relatively small amounts of coal ash as pa rt of its normal operations .

Since 1973, those discharges, and the discharges of countless other coal -fired vessels in the U.S .,

have not been required to have an NPDES permit based on the longstanding exemption from the

NPDES requirements for effluent from properly functioning marine engines and for incidental

discharges from normal vessel operations. The purpose of this comment is to provide the Agency

with information that (a) specifically supports a determination that boiler effluent from coal-fired

marine engines on steamships is included in the currently proposed VGP; (b) alternatively supports

an amendment to the VGP to expressly include boiler effluent as a separate stream to the extent

necessary; and (c) provides the approp riate effluent standard for boiler effluent from coal-fired

marine engines. As always, LMC is commi tted to assuring compliance with the law and being an

I The prefix "S .S." is a short form for steamship.

2 Effluent is defined as waste mixed with water . See 33 U.S .C. § 1362(11) (2006) . Boiler effluent is w aste, in this

case ash, from the boiler mixed with water .

Barry M . Hartman

202 .778.9338

202 .778.9100 fax

barrv .ha rtman c kloates .com
Water Docket

October 10, 2008

Page 2

excellent steward of the environment, and stands ready to work with the Agency to develop

appropriate limits/best practices for this discharge.

While we recognize that the formal comment period has closed, the Agency said in the

proposed VGP that it was seeking information about the scope and extent of its proposed permit,

and particularly whether particular streams were or should be included that may not have been

expressly addressed in the draft permit . As a result of circumstances that have recently changed,

we are submitting these comments to assist the Agency in assuring that the final rule is as

comprehensive, accurate, and complete as possible . The Agency has the authority to consider

comments submitted after the comment period formally closes. See, e.g., In re Dominion Energy

Brayton Point, LLC, NPDES Appeal No . 03-12, 2006 WL 3361084 (EAB Feb . 1, 2006); see also,

In re BP Cherry Point, PSD Appeal No . 05-01, slip op. at 15 n.27 (EAB June 21, 2005). Moreover, since the final rule is not expected to be issued for another 10 weeks, we believe the

Agency will have sufficient time to consider this comment, without jeopardizing its time frames .

If, after reviewing this submission, the Agency has questions, we would be pleased to address

them in the record, as the Agency determines is appropriate .

LMC seeks this clarification of the proposed VGP expeditiously. The Badger only

operates between May I and October 12 each year. It must incur millions of dollars in debt

beginning in late November each year, to prepare for operating the following May . That debt is

repaid through vessel revenues . The Badger cannot eliminate the boiler effluent containing ash by

next May, and it will not operate in violation of the Clean Water Act (CWA) . Unless it can gain

clarification soon that it will be permi tted to operate next year under the VGP or otherwise, it will

shut down permanently this fall, rather than incur debt that it may not be able to repay . Making it

clear that the boiler effluent from coal-fired marine engines is within the VGP and subject to best

management practices outlined in the proposed VGP and this comment, will provide the ce rtainty

needed for the Badger to plan on operating next season .

I. About Steamships and the Badger

Before the development of steam power, ships were primarily propelled by sails and wind .

Steamships represented the first mechanized means of propulsion, and as a result enjoy a rich place

in American history . At their most basic level, steamboats have used a variety of fuels like coal to

create steam pressure that turns paddles or propellers to propel ships . Robert Fulton famously

began the first steamboat service in the U .S . in 1807 and a new wave of cargo and passenger

transportation was born. River steamboats often propelled by towering paddle wheels became the

subject of lore in the U.S. during the 19th Century as described by Mark Twain in his Life on the

Mississippi. Of shallow draft and powered by coal, the vessels made an important contribution to

the development of North America. Later came ocean-going steamships, including perhaps the

most famous of all, the RMS Titanic, which was the largest steamship in the world when it sank in

1912. The Queen Elizabeth, the Queen Elizabeth II (QE II), Queen Mary, and many other vessels

of lesser fame have plied the waters of America and the world as steamboats .
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October 10, 2008

Page 3

As other forms of propulsion developed, steamships no longer ruled the maritime industry .

Today, the S.S. Badger has taken on iconic status on the Great Lakes by virtue of its place as the

last coal-fired steamship operating in regular service in the U .S . Built in 1953, its original mission

was the transportation of railroad cars and freight across Lake Michigan, one of a fleet of rail car

ferries that once operated on the Great Lakes . After ceasing operations as a rail car ferry in 1990,

the Badger sat idle for several years before service was restored in 1992 in its current incarnation

as a vessel transporting passengers, their vehicles, and commercial vehicles between Ludington,

Michigan and Manitowoc, Wisconsin . Today the Badger has a capacity of 620 passengers plus

180 trucks, cars, tour buses, recreational vehicles, motorcycles, and other vehicles . The Badger is

410 feet in length and more than 50 feet in width . Its height is 106 feet or seven stories, and its

weight is 6650 tons displaced. There is no other operating ship like it, an important reason why it

has become a major tourist destination in the Midwest.

The Badger operates between May and October, with two round trip crossings during the

heart of the shipping season and one round trip crossing on the "shoulder" parts of its shipping

season. In the course of the season, it makes about 500 crossings. A ride across Lake Michigan

takes approximately four hours.

The Badger has operated on the Great Lakes for more than five decades . Analyses indicate

it has a $40 million annual economic impact on its port cities of Ludington and Manitowoc . It

employs 279 people, including a crew of seafarers from the American Maritime Officers labor

union, and has an estimated indirect impact of more than 1,000 jobs . The entire Great Lakes and

the states of Michigan and Wisconsin also benefit from the impact of the Badger as a

transportation link for tourism as well as commerce associated with commercial truck

transportation. The Badger transports tens of thousands of automobiles, RV's, motorcycles, and

commercial trucks annually resulting in the saving of 1 .1 million gallons of gasoline and diesel

fuel .

The Badger's age and propulsion system have given it a celebrity status on the Lakes:

• Its propulsion system was designated a mechanical engineering landmark by the American

Society of Mechanical Engineers . (1996)

• It was officially named a registered Michigan historic site by the Michigan Historical

Commission. (1997)

• It was officially named a registered Wisconsin historic site by the Wisconsin Historical

Commission. (1997)

• It was designated a Michigan Centennial Business by the Historical Society of Michigan.

(1997)

• It was named Ship of the Year by the Steamship Historical Society of America . (2002)
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October 10, 2008

Page 4

IL The Propulsion System on the Badger

The propulsion system on the Badger is similar to that of other coal-fired vessels . In the

case of the Badger, the steam turns two caste steel, four blade propellers that are nearly 14 feet in

diameter and weigh 13,800 pounds each . The Badger travels at an average speed of approximately

18 miles per hour or, in nautical terms, about 15 knots.

The Badger is equipped with the original Foster-Wheeler "D"-type marine steam

generators or boilers with side, back, and roof tubes to protect the furnace refractory, interdeck

super heaters, and economizers. The Badger is also equipped with forced draft, induced draft,

high-velocity fans, and Pratt-Daniels cyclone separators . The boilers are fitted with Hoffrnan

Combustion stoker fronts employing over feed stokers and dump grates. The normal evaporation

rate is 29,500 lbs/hr with 44,000 lbs/hr maximum at 500 ibs/sq in gauge (a/k/a, psig) and 750

degrees Fahrenheit outlet.

The Badger currently uses a blend of Westridge Coal (1 .12 percent sulfur) and stoker coal

( .97 percent sulfur) in a 2 to 1 ratio to produce a coal mixture that has a 1 .023 percent sulfur

content: 3

• Coals used ranged from 2" x 0" Crushed Run of Mine to 1 %2" x '/4" Stoker coal .

• Coals used were typically from the East Kentucky Region.

• Heat content ranged from 12,500 to 13,400/btu.

• Ash content ranged from 6 .0 percent to 9 .5 percent.

• Moisture content ranged from 4 .0 percent to 7 .0 percent.

Coal is stored aboard the vessel in coal bins and moved to the vessel's four boilers via a

closed conveyer belt system within the infrastructure of the ship . The process of adding coal to the

boilers to maintain steam pressure is a relatively continuous process. During the season the vessel

must continuously operate its boilers, both in port and while underway .

As the boilers consume coal, they necessarily generate a non-hazardous ash that is

discharged from the vessel's boilers by means of a six inch pipe system that moves the ash in

continuously running lake water into an effluent that is conveyed overboard . The conveyance

system relies on a combination of gravity and vacuum pressure . As it is ejected from the ship, the

effluent strikes a metal barrier at 150 pounds per square inch of pressure that ensures that the ash is

converted into sand-like particles before entering the water . While the water flows continuously

through the vessel at all times, ash discharges take place only during a limited period, and only

after each boiler's ash pit fills up. Thus the ash is discharged gradually over a 15 minute period

from each boiler sequentially . Over the course of a four-hour voyage, actual discharges of boiler

effluent containing ash occur for about 60 minutes during a single trip across Lake Michigan .

Photos and additional information regarding the vessel's operations are available, but since som e

3 Because of the historical nature of the vessel, the Badger is legislatively exempted from the Wisconsin and

Michigan state Clean Air Act programs. Wis. Stat. § 285.27(3) (2008); Mich. Comp. Laws § 324 .5513 (2008).
Water Docket

October 10, 2008

Page 5

of this information is confidential business information, LMC would prefer to submit it separately

if it is needed.

There are several locations where ash gathers as a result of coal being burned in the boilers .

The vast majority falls to the bottom of the furnace and is sometimes called "bottom ash." Other

small amounts are accumulated in the economizer and in the cyclones leading to the stack .

III. The Badger's Environmental Footprint

The Badger takes great pride in its history, and undertakes continuous efforts to operate as

efficiently as possible and with as little impact on the environment as possible . Protecting the

environment has always been directly related to operating the vessel as efficiently as possible . For

example, the more efficient the engines are, the less coal is used . This saves significant fuel costs.

At the same time, the less coal that is used, the less ash is generated .

The Badger continually works to ensure that its engines are operated as efficiently as

possible, and its environmental footprint is as benign as possible. Examples of these efforts

include :

1. The original Wager smoke-eyes allow the Badger's crew to monitor individual

boiler emissions from the boiler room, and a video monitor system installed in 2000 allows

the engineer to observe overall stock gas opacity and feed rate from the engine room. This

information is used to help the fireman adjust the combustion air in order to burn fuel more

efficiently and minimize emissions .

2. In 1992, LMC designed and installed solid state circuitry to replace obsolete

vacuum tube balance circuits in the plant master steam pressure control . LMC also

designed and installed solid state circuitry to replace obsolete vacuum tube circuits in coal

stoker drive controls. This was LMC's first attempt to automate, rather than to manually

control, the system to produce more efficient fuel burn, which in turn reduces emissions .

3. In 1993, LMC replaced the solid state circuitry that LMC previously designed

and installed a Johnson Yokogawa PID microprocessor controller to replace the plant

master control. LMC also installed a Johnson Yokogawa steam pressure transducer to send

steam pressure signals to the new plant master . These reforms allowed LMC to better

control its fuel input, fuel combustion, and smoke emissions .

4. LMC installed Honeywell drive motors to interface the plant master signal to

coal stoker drives. This was done in an effort to modernize the system and automate, rather

than to manually control, the system to burn fuel more efficiently and to minimize

emissions.

5. In 1993, LMC hired a consulting firm to evaluate the Badger's boiler operations

and make recommendations.
Water Docket

October 10, 2008

Page 6

6. In 1994, LMC installed four new Beck drive motors on coal stokers and four

API process control isolators to interface with the Johnson Yokogawa plant master to Beck

drive motors. This installation completed the replacement of the previous circuit system

that began in 1992, and in 1994, LMC installed Wechsler digital bar graph gauges to

indicate the percentage of coal feed . This provides the operator with a visual indication of

the amount of fuel being fed into the boiler and immediately alerts the operator when the

vessel has a high rate of fuel feed, which can lead to a smokier and less efficient fuel

combustion boiler operation .

7. LMC installed Dwyer differential pressure switch gauges to monitor combustion

chamber pressure and to operate flue dampers to maintain constant pressure . LMC also

installed Duff-Norton actuators on flue ID inlet dampers, which are operated either

manually or automatically by the Dwyer pressure switch gauges to allow the vessel to

maintain the most appropriate air-fuel ratio, which is crucial for running a cleaner stack and

more efficient fire .

8. In 1995, LMC obtained a spare Johnson Yokogawa PID controller and a spare

Johnson Yokogawa master pressure transducer for use in the event of microprocessor

failure.

9. In 1997-1998, LMC replaced all wall and floor boiler tubes in all four boilers .

This repair increased the efficiency of the boiler operation, thus minimizing emissions .

10. In 1999, LMC installed four additional Beck motor drives to operate forced

draft dampers under direct manual operation by the ship's crew . This conversion allowed

the vessel to better control its air-fuel ratio consumption and to minimize smoke .

11. In 1999, LMC installed four Wechsler digital bar graph instruments to indicate

the percentage of forced draft primary combustion air, which allowed the crew to monitor

the positioning of the forced air damper feed back .

12. In 1999, LMC again retained Maurice L. Kelsey & Associates, Inc . to review

some of the recent additions and installations and offer more recommendations for

achieving a more efficient fuel combustion and cleaner stack .

13. In 2000, LMC added a stack cam video camera, which focuses on the top of the

stack and allows the engineer on duty below to monitor the stack smoke and ensure that the

vessel's smoke emissions are as low as possible .

14. In approximately 2000, LMC replaced generating, screen, and superheater

tubes, as well as related brick work for the forward and after starboard boilers . These

replacements allowed the boilers to operate more efficiently .
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October 10, 2008

Page 7

15. Stokers are overhauled during every off season, and all force draft fans,

induced draft fan turbines, and over fire air fans have been overhauled in the last five years .

16. In 2004, LMC replaced the superheater tubes in the afterport and forward port

boilers, some of which were plugged and operating inefficiently. This replacement

increased the efficiency of the boiler operation, thus minimizing emissions .

17. In 2008, the stoker secondary air supply was ducted so that it is fed from the

forced draft, which allows greater flexibility and results in more burn efficiency and better

smoke control.

18. The dump grates on all four boilers have been replaced with a redesigned

pattern to allow improved forced draft, which has decreased gas velocity through the

furnace to allow more air into the boiler so that the boilers burn cleaner .

19. Tachometers have been installed to allow remote monitoring of the induced

draft fan turbine speeds to better control the fuel combustion and minimize smoke .

20. The Pratt-Daniels cyclones have been renewed to more efficiently remove ash

from emissions.

21. In 2007/2008, LMC replaced all the condenser tubes on the port and starboard

side. A number of these tubes were plugged and were causing the vessel to operate less

efficiently. Because of the added cooling capacity, the Badger has a better vacuum, which

allows the vessel to have more torque and use less fuel when maneuvering . This also helps

the Badger to reduce its smoke.

22. The Badger has reduced fuel consumption and smoke emissions by

approximately 20 percent by taking one of the four boilers off-line and using it as a standby

boiler.

Apart from efforts to reduce generation of ash through engine efficiency, the ash that is

discharged from the Badger in the boiler effluent has minimal impact on the environment . As a

threshold matter, the ash itself is non-hazardous . Tests done in 2006 and again in 2008

demonstrate this. See Attachment 1 to this submission. As described above, boiler effluent

containing this ash is almost always discharged more than 5 miles from shore unless safety

indicates otherwise. The amount of water that carries the ash far exceeds the ash itself.

Other governmental studies suggest that the boiler effluent containing non-hazardous ash is

relatively benign . For example, the United States Coast Guard has recently completed an extended

rulemaking related to discharges of non-hazardous bulk dry cargo residue (DCR), including fresh

coal, from commercial ships into the Great Lakes.4 Based on research, testing and a Fina l

4 73 Fed. Reg. 56492 (Sept. 29, 2008).
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October 10, 2008

Page 8

Environmental Impact Statement, the Coast Guard concluded that continued discharges of DCR

would have an insignificant impact on the environment of the Great Lakes, including its sediment

quality, water quality, or biological resources. Further, the Final Environmental Impact Statement

noted that "the effects of over a century of DCR sweeping on sediment quality or biological

resources are barely detectable .

, 5

Given the nature of the boiler effluent, it is almost certainly the case that it is sufficiently

benign especially if managed appropriately, and the continuing discharge for the next few years is

almost certain to have no adverse impact on the Great Lakes as LMC moves toward an engineering

solution that will allow it to cease the discharge in its entirety .

IV. Historical Reliance on 40 CF.R. § 122. 3

Steam-powered vessels like the Badger have always discharged their boiler effluent - the

ash is discharged from the boiler overboard via a system that includes vacuum and water pressure .

Since 1972, when the CWA was enacted into law, the Badger has discharged this boiler effluent in

reliance on 40 C.F.R. § 122.3, which permits vessel discharges of " . . .effluent from properly

functioning marine engines. . ." The plain wording in Section 122.3 accurately describes the

discharge of boiler effluent from the Badger. In addition, 40 C .F.R. § 122.3 also exempts "any

other discharges incidental to the normal operations of a vessel" from the NPDES permitting

requirements; in fact, the Badger's effluent discharge is both incidental and directly related to its

normal operation. While federal agencies like the U.S . Coast Guard6 have sometimes referenced

the "effluent" portion of the exemption and other times referenced the "incidental discharges"

section, the ultimate reliance on Section 122.3 has not changed.

Similarly, other coal-fired streamships have relied on Section 122 .3 since it was

promulgated. According to the Lake Carriers' Association, in 1972, on the Great Lakes alone,

there were 84 registered coal-fired commercial vessels . Many of those vessels - and probably

hundreds if not thousands more operating on the inland waters and coasts of the United States -

that discharged ash under authority of Section 122 .3 continued to operate for many years until the

development of new propulsion systems led to conversions to other fuels like diesel fuel .

The official United States Coast Guard vessel file on the Badger has noted the applicability

of both the "effluent" exemption and the "incidental discharge" exemption. The Badger's Vessel

Critical Profile, which is the vessel's official government file, has included a note from the Coast

Guard: "Per 40 CFR 122.3 vessel is permitted to discharge ash into the waters of the Great

Lakes." Attachment 2 at 3 . On June 22, 2007, another Coast Guard entry in the Vessel Profile

said, "Under current regulations, vessel may discharge ash in the waters of the Great Lakes under

Title 40, Code of Federal Regulations part 122.3." Id. at 7. A third Coast Guard entry on June 12,

2006 said:

5 U.S. Coast Guard Environmental Impact Statement for Dry Cargo Residue Discharges in the Great Lakes, U.S.

Coast Guard, USCG-2004-19261(May 23, 2008) .

6 EPA has historically recognized the Coast Guard as lead agency for discharges from vessels, with the exception of

industrial processes on vessels. 72 Fed. Reg. 34241, 34243 (June 21, 2007).
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October 10, 2008

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"S/S Badger discharges flyash during each transit. Occasionally this is reported as

pollution. The flyash is the byproduct of burning coal and has been deemed nonhazardous. Per 40 CFR 122 .3, no EPA permit is required to dump effluent from a

properly running engine ." Id. at 8.

At least one of these evaluations and determinations was done at the request of a Wisconsin

state environmental official . Id. at 3 . Section 122.3 has been interpreted consistently to exclude

virtually all operational discharges from vessels, including discharges from coal-fired vessels like

the Badger, from the NPDES permitting requirements . As noted above, the vessel discharge

exemption in Section 122 .3 will expire later this year .

V. Coverage of Boiler Effluent Under the EPA's Proposed New General Permit

As explained above, boiler effluent has been allowed to be discharged under the provisions

of Section 122.3, without an NPDES permit . The Coast Guard has expressly confirmed this with

respect to the Badger. The EPA has made clear its "interpretation" that virtually all discharges

from vessels were historically subject to regulation by the Coast Guard . 72 Fed. Reg. at 34243 .

That has changed now, however, due to a series of well-documented events, including two court

decisions that have led to the expiration of Section 122 .3 on December 19, 2008 . EPA has now

proposed to regulate most of the discharges that were previously covered by Section 122 .3 under a

new general permit program called the VGP, which is the subject of this docket. Given the fact

that the boiler effluent has been consistently and universally considered to be within the scope of

Section 122.3, and the proposed VGP is intended to cover all vessel discharges that had been

within the scope of Section 122 .3, there should be no question that the boiler effluent is covered by

the proposed VGP .

The VGP was proposed by EPA on June 17, 2008 to address those discharges that had been

exempt from the NPDES permit program under 40 C .F.R. § 122.3(a) . 73 Fed. Reg. 34296 (June

17, 2008) . The VGP specifically applies to "discharges incidental to the normal operation of a

vessel identified in Part 1 .2.2 into waters subject to this permit ." Proposed VGP, § 1 .2 .1 .

"Discharge incidental to the normal operation of a vessel" means those discharges that were

excluded from the NPDES permitting program by operation of 40 C.F.R. § 122 .3(a) as in effect on

September 29, 2008. VGP at 55, Appendix A.

Having determined that the VGP should include all discharges that had been subject to the

soon-to-be-expired exemption, the Agency then had to determine what effluent limits applied .

LMC believes that the Agency's ultimate determination and conclusion that it was most

appropriate to require effluent limits in the form of best management practices for 28 discharge

streams that it determined were most common in the vessels was appropriate. Boiler effluent that

contained non-hazardous ash was not one of the particularly specified streams ; however, the

Agency suggested that its proposed list was not exclusive, and said that it "is seeking input on any

additional streams or discharge types that should be considered for coverage ." U.S . Environmental

Protection Agency 2008 Proposed Issuance of National Pollutant Discharge Elimination System
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October 10, 2008

Page 1 0

(NPDES) Vessel General Permit (VGP) for Discharges Incidental to the Normal Operation of

Commercial and Large Recreational Vessels (Fact Sheet) at 26. We believe that at least two of the

streams identified by the Agency can fairly be read to include boiler effluent, and should be

amended to specifically do so . Alternatively, boiler effluent from steam engines could be added as

a 29th stream.

A. Boiler Effluent from Steamships Shares Many Characteristics of Boiler Blowdown

Described in the VGP, Except That Boiler Effluent Does Not Contain the Hazardous

Constituents Potentially Present in Boiler Blowdown .

In the VGP proposal, EPA identified "Boiler/Economizer blowdown" as a discharge stream

that "can originate from any vessel with steam propulsion or a steam generator.

,7 The constituents

of boiler blowdown discharge will be dependent on the type(s) of antiscaling and anticorrosion

treatment originally added to the feed water . Numerous constituents found in boiler blowdown

discharges from Armed Forces vessels were defined as priority pollutants by the EPA : antimony,

arsenic, cadmium, copper, chromium, lead, nickel, selenium, thallium, zinc, and his (2-ethylhexyl)

phthalate. Battelle Report at 43 .

There are both similarities and differences between boiler blowdown described by the

Agency and the effluent discharged from a coal-fired steam boiler such as the Badger . To the

extent blowdown represents a discharge of an effluent at high pressure from a steam propulsion

engine, Fact Sheet at 28, there may be some similarities to boiler effluent from a coal-fired steam

boiler. While the volume of effluent containing ash is likely to be larger than blowdown effluent,

the effluent discharge from a coal-fired steam boiler is not heated, nor does it contain steam,

sludge or other hazardous constituents. Moreover, as the Agency noted, there are as many as 12

constituents of concern in boiler blowdown, which are largely determined by the feed water! The

boiler effluent from the Badger is Lake Michigan water that is discharged exactly as it enters the

vessel, except for the ash that it occasionally carries out . At most there are four constituents of

concern 9 and none are at levels that approach any danger to human health or the environment .

7

Technical Support for EPA Development of a Permitting Framework to Address the Vacatur of the NPDES Vessel

Exclusion (Battelle Report) at 43 .

8 The Battelle Report noted that for steam-powered vessels, onboard boiler systems must be supplied with feedwater

to maintain the water level . It is this water that must be periodically removed and that contains pollutants that increase

in concentration as the water is boiled. In the case of a coal-fired steam boiler like the Badger, the water provides a

different function within the engine system - it removes the potentially dangerous accumulation of non-hazardous ash

from the engine system . In both cases, the discharges are to the ambient water and occur as necessary to maintain the

system. Batelle Report at 42. This report notes that this category of discharges includes a variety of effluent discharges

from steam-powered boilers .

9 pH is probably the constituent of greatest concern in ash, but given the manner in which the boiler effluent is

discharged, it is unlikely that the effluent itself would present a problem, and dispersal - the same practice approved

for boiler blowdown - would provide additional protection.
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October 10, 2008

Page 11

Because of the basic similarities of these streams for purposes of the CWA - they all

involve boiler effluent from a steamship - it would be appropriate to clarify the scope of this

stream by describing it as "boiler/economizer blowdown and other steam boiler effluent ."

B . Boiler Effluent Also Shares Characteristics with "Seawater Cooling Overboard

Discharge" (Including Non-Contact Engine Cooling Water, Hydraulic System Cooling

Water, Refrigeration Cooling Water) .

In the VGP, the Agency identified the general category of "Seawater Cooling Overboard

Discharge" as a discharge stream covered by the VGP . In the Battelle Report, this is described in

part as follows:

Seawater cooling systems onboard vessels use ambient water pumped in directly or

through the firemain to absorb the heat from the propulsion system and auxiliary

heat exchangers . This water is then discharged back overboard . Cooling water

demand is continuous, particularly for larger vessels, and seawater spends

approximately one minute in the cooling system before being discharged .

In their comments on EPA's ANPRM, LMC, WSC and CMC all cited seawater

cooling overboard discharge as relevant discharges from the vessels they represent .

PSPA's comments also listed cooling activities as producing discharge, but, along

with engine cooling water, they also listed (without further comment) hydraulic

system cooling water, refrigeration cooling water, and processing factory cooling

water as relevant discharges.

The potential constituents of seawater cooling overboard discharge include

entrained or dissolved materials from the system itself. Although the specific

constituents will vary depending on the vessel and the type of cooling system, EPA

(1999w) identified copper, iron, aluminum, zinc, nickel, tin, titanium, arsenic,

manganese, chromium, lead, and oil and grease as possible contents of the

discharge. Mud, biota, and other debris that were stuck to the strainer plates may

also be discharged. The seawater is also being discharged at a higher temperature

than when it was taken up and constitutes a thermal discharge into the receiving

water. EPA (1999w) estimates that the thermal difference between seawater intake

and discharge can range from 5 to 25°C, with a maximum discharge temperature of

140°C . Seawater cooling discharge flow rates vary by vessel size and operation

type. EPA (1999w) estimated rates ranging from 1,500 gpm for a pierside destroyer

to over 170,000 gpm for an in-transit aircraft carrier. These rates are not entirely

applicable to the vessels that will be covered under the vacatur, but the rate

variability is instructive . Constituent concentrations will also be variable, depending

on the residence time, the quality of the intake water, and the erosion and corrosion
Water Docket

October 10, 2008

Page 12

of cooling system components. However, EPA studies indicated that copper, nickel,

and silver concentrations exceeded the most stringent state water quality standards .

Battelle Report at 59-60 .

Boiler effluent shares some of the characteristics of seawater overboard cooling water

discharges in that the volume of effluent is high, the discharges are present in the vessel for only

seconds as they carry out the ash, and they carry out a non-toxic pollutant - ash instead of thermal

constituents. On the other hand, the boiler effluent discharges at a much lower rate - under 700

gpm instead of 1,500 - and remains at virtually the same temperature going out as it was coming

in. Further, while ash does contain trace amounts of barium, it does not contain any of the dozens

of constituents that are present in seawater overboard discharges . Since these discharges were not

limited and included an apparently wide variety of streams,10 it would be appropriate to consider

boiler effluent within this category as well .

VI. Effluent Limits Applicable to Boiler Effluent

The EPA noted in the proposed VGP that it is required to set effluent limits for all point

sources subject to NPDES permits at the Best Practical Control Technology currently available

(BPT), Best Conventional Pollutant Control Technology (BCT), and Best Available Technology

Economically Achievable (BAT). Fact Sheet at 44-45 . The Agency determined that "Because of

the nature of vessel discharges, it is not practicable to rely on numeric effluent limits to achieve

these levels of control for the large majority discharge types until greater information is available,"

and that it is appropriate for the VGP to include non-numeric effluent limits that required

permittees to engage in specific behaviors or best management practices (BMPs) . Id. For purposes

of determining BPT, BCT, and BAT, currently there is no feasible, available or economically

achievable and practicable means of eliminating the effluent discharge by the time the general

permit comes into effect. Id. LMC believes that the Agency's analysis in this regard is sound, and

has equal applicability to boiler effluent .

A. Best Management Practices Are Appropriate for Boiler Effluent .

The Badger like other coal-fired vessels was built to discharge its boiler effluent .

Therefore there currently exists no available off-the-shelf plan, system, or process that would

allow the vessel to operate but contain its ash . LMC will literally need to invent such a system,

design it with all the constraints of a vessel that was built for a different purpose, and then build it .

The challenges involved in such a reconstruction are considerable, and it is not possible for the

process to be complete before Section 122 .3 expires on December 19, 2008 or before the Badger

hopes to begin service in May of 2009 .

10 « .comments also listed cooling activities as producing discharge, but along with engine cooling water, tthey also

listed (without further comment) hydraulic system cooling water, refrigeration cooling water, and processing factory

cooling water as relevant discharges." Battelle Report at 59.
Water Docket

October 10, 2008

Page 13

Owners of the Badger are aggressively pursuing a range of options for developing and

constructing an ash containment system on board the vessel .' t Such a system will require design

approvals by the U.S . Coast Guard and the American Bureau of Shipping . Because of design

limitations imposed by the configuration of the vessel and the desirability of avoiding the breach

of watertight compartments, the current working proposal is a system that would use vacuum

pressure to transport the ash up a 38-foot vertical piping system to a new containment facility in

what is now the vessel's coal storage area . In addition, a system must be developed to remove the

ash from any containment facility on board the vessel and transport it to a landfill or other onshore disposal location . Owners of the Badger believe the full process of developing, constructing

and testing the containment system should be completed in time for the vessel to operate with no

discharges by the opening of the Badger's season in the spring of 2012. It is possible that

unforeseen circumstances might require some additional time to achieve this goal, but LMC is

hopeful that it can meet the Spring 2012 target.

There is substantial precedent for the EPA to consider the need for development of new

technologies as components of BMPs. EPA's recently promulgated rule establishing new

discharge standards for Concentrated Animal Feeding Operations (CAFOs) in the form of BMPs

gave the regulated community additional time to phase these requirements in . 72 Fed. Reg. 40245,

40248 (July 24, 2007) (extending deadline for CAFOs to develop and implement nutrient

management plans) ; see also 64 Fed. Reg. 36580, 36582 (July 7, 1999) (requiring pulp and paper

mills to submit a "Milestones Plan" specifying research, construction, and other activities designed

to lead to compliance with effluent limitations, as well as accompanying dates for those activities;

Milestones Plans are intended both to "provide information to the permitting authority" as well as

"sufficient flexibility" to the specific point source) .

B. The BMPs for Boiler Effluent Can Be Modeled After the BMPs Accepted for Similar

Streams.

The BMPs proposed by the EPA with respect to boiler/economizer blowdown are

described as follows:

Minimize the discharge of boiler/economizer blowdown in port if chemicals or other

additives are used to reduce impurities or prevent scale formation . For vessels greater than

400 gross registered tons which leave the territorial sea at least once per week,

boiler/economizer blowdown may not be discharged in waters subject to this permit except

for safety purposes, and should be discharged as far from shore as possible . For all vessels,

boiler/economizer blowdown may not be discharged in or within 1 nm of waters referenced

in part 12.1 except for safety purposes. Proposed VGP at § 2 .2.6.

11 Among its options LMC considered a conversion of the vessel to diesel fuel . However, such a conversion is

complex, expensive and sometimes unsuccessful .
Water Docket

October 10, 2008

Page 1 4

The Fact Sheet explains this as follows :

BMPs to reduce impacts from boiler/economizer blowdown additives are

based on minimization of their discharge to nearshore or port receiving waters, thus

allowing for more mixing . To further mitigate potential impacts, EPA has specified

that vessels greater than 400 gross registered tons that leave the territorial seas at

least once per week, cannot discharge within 3 nm of shore, except in emergencies .

EPA selected once per week as the threshold because the necessary frequency of

boiler blowdown can vary from approximately once in two weeks to once in a

couple of months. It is therefore practical and achievable for these vessels to only

discharge boiler blowdown further than 3 nm from shore .

Fact Sheet at 68 .

In the case of a coal-fired steam boiler, the effluent discharged from the boiler system does

not contain any chemicals or other additives that are used to reduce impurities or scale formation . We understand that some questions exist as to the practicality of requiring boiler blowdown to be

discharged more than 3 nm from shore, as this activity may require shutting down engines. However, the discharge of boiler effluent from coal-fired steamship engines can be conducted

more than 3 nm from shore where, like the Badger, the discharges are conducted sequentially from

each boiler, and the boiler does not need to be shut down. This recognizes that there are

sometimes safety and other operations concerns that require discharges closer to shore, but those

instances are limited. This discharge should be conditioned on the following :

(a) continuous efforts must be undertaken to ensure that the engine is operating as

efficiently as possible ;

(b) coal used to power the boilers should have as low ash content as practicable ;

(c) the operators of any such vessel should develop and implement a plan that, absent

extraordinary circumstances, will result in the substantial reduction or cessation of discharge boiler

effluent containing ash, no later than May 1, 2012, if appropriate .

VII Conclusion

This has been an unusual and challenging rulemaking for the Agency . It has been

compelled by court order to develop the largest single NPDES program in the history of the CWA

in the space of just two years. It has been asked to do this for vessels that have never been

regulated before. Given these extraordinary circumstances, accepting this comment after the close

of the comment period but well before the deadline for issuing the final regulation would be an

appropriate exercise of the Agency's discretion.

At the same time the Badger faces an unusual time constraint. It only operates six months a

year, and between November and April it incurs substantial costs preparing for the upcoming
Water Docket

October 10, 2008

Page 1 5

season. The Badger cannot begin to incur costs this November for next year's season without a

reasonable prospect that it will be able to operate when the 2009 season starts next May . Given

that the VGP was proposed to cover vessels heretofore subject to Section 122 .3, and the boiler

effluent from steamships was covered by that provision, the Agency should make it clear that this

effluent is covered either as part of the boiler blowdown stream, as part of the seawater cooling

overboard discharge stream, or as a 29`h stream, and subject to the effluent limits set forth above .

Respectfully submitted,

6"

Barry M. Hartman

Counsel for Lake Michigan Carferry, Inc.

SS/Badger
ATTACHMENT 1
MINNESOTA VALLEY TESTING LABORATORIES, INC .

1126 N. Front St. - New Ulm, MN 56073 - 800-782-3557 - Fax 507-359-2890

1411 S . 12th St. - Bismarck, ND 58502 - 800-279-6885 - Fax 701-258-9724

35 W. Lincoln Way - Nevada, IA 50201 - 800-362-0855 - Fax 515-382-388 5

w ww.mvtl.com

FINAL ANALYSIS REPORT

Report Date : 1 Dec 2006

Lab Number : 06-H49 3

Work Order # : 81-127 2

Date Received : 31 Oct 2006

Time Received : 10 :0 0

TCLP Date Ext : 11/ 9/0 6

Sample Description : Bottom Ash

James Anderso n

Lake Michigan Carferry

PO Box 70 8

Ludington MI 4943 1

SW846 Method 1311

M E M E R

Analyte

===cax==c===a3===--a

W Solids (dry)

W Solids (wet)

Arsenic TCLP

Barium TCLP

Cadmium TCLP

Chromium TCLP

Lead TCLP

Mercury TCLP

Reactive Cyanides

Reactive Sulfides

Selenium TCLP

Silver TCLP

TCLP pH

TCLP Semi-Volatiles

TCLP VOC

Result Action Level Date Analyzed

= a= .====nsa - acs==sass==aa

100 wt V N/A 11/ 9/06

100 wt V N/A 11/ 9/0 6

< 0 .04 mg/l 5 .0 mg/l 11/27/0 6

0 .50 mg/l 100 mg/l 11/28/0 6

< 0 .01 mg/l 1 .0 mg/1 11/28/0 6

< 0 .05 mg/l 5 .0 mg/1 11/28/0 6

< 0 .5 mg/l 5 .0 mg/l 11/28/0 6

< 0 .01 mg/l 0 .2 mg/l 11/16/06

< 0 .5 mg/kg mg/1 11/10/06

336 .0 mg/kg mg/1 11/10/06

< 0 .04 mg/l 1 .0 mg/l 11/27/0 6

< 0 .2 mg/1 5 .0 mg/l 11/27/0 6

5 .21 units N/A 11/ 9/0 6

See Attached Report N/A 12/ 1/06

See Attached Report N/A 12/ 1/06

Approved By :

MVTL guarantees the accurary, of the analysis done on the sample submitted for testing . It is not possible for MVTL to guarantee that a test result obtained on a pasticulu sample will be the same on any other umpfe unless all conditions affecting the sample are the same, including sampling by MVTL . A. a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients, and authorization for publication of statemems, conclusions or extracts from or regarding - reports is reserved pending our written approval .

AU 4llirAT l1DDADTITTTTTV L~1r/!DT ITVL.D
MINNESOTA VALLEY TESTING LABORATORIES, INC .

1126 N. Front St. - New Ulm, MN 56073 - 800-782-3557 - Fax 507-359-2890

1411 S . 12th St. - Bismarck, ND 58502 - 800-279-6885 - Fax 701-258-9724 m am a rt Rt

35 W. Lincoln Way - Nevada, IA 50201 - 800-362-0855 - Fax 515-382-3885

www.mvtl.com

FINAL ANALYSIS REPOR T

Report Date : 1 Dec 2006

Lab Number : 06-H494

Work Order # : 81-127 2

Date Received : 31 Oct 2006

Time Received : 10 :00

SW846 Method 1311 TCLP Date Ext : 11/ 9/0 6

Sampl e Description : Fly Ash

Analyte Result Action Level Date Analyzed

=aaaaesassa=:

a=====___ a s a= x a s a a a a a a a =xaaaagamaesaa aaa :>•sassaaama

W Solids (dry) 100 wt % N/A 11/ 9/0 6

W Solids (wet) 100 wt % N/A 11/ 9/0 6

Arsenic TCLP < 0 .04 mg/l 5 .0 mg/l 11/27/0 6

Barium TCLP 0 .52 mg/l 100 mg/l 11/28/06

Cadmium TCLP < 0 .01 mg/1 1 .0 mg/l 11/28/0 6

Chlorine 555 ug/g mg/l 11/29/0 6

Chromium TCLP < 0 .05 mg/l 5 .0 mg/1 11/28/0 6

Copper TCLP 0 .07 mg/1 mg/l 11/28/0 6

Density 0 .364 g/cm3 mg/l 11/29/0 6

Lead TCLP < 0 .5 mg/l 5 .0 mg/l 11/28/0 6

Mercury TCLP < 0 .01 mg/l 0 .2 mg/l 11/16/06

Nickel TCLP 0 .21 mg/l mg/l 11/28/06

Paint Filt . Liqds Test No Free Liquids N/A 11/29/0 6

pH-Environmental 8 .6 units N/A 11/29/0 6

Selenium TCLP 0 .041 mg/l 1 .0 mg/l 11/27/0 6

Setaflash Flashpoint > 400 degrees F mg/l 11/ 9/0 6

Silver TCLP < 0 .2 mg/l 5 .0 mg/l 11/27/06

TCLP pH 5 .01 units N/A 11/ 9/06

TCLP Semi-Volatiles See Attached Report N/A 12/ 1/0 6

TCLP VOC See Attached Report N/A 12/ 1/0 6

Total Solids 976000 ug/g N/A 11/16/0 6

Zinc TCLP 0 .73 mg/l mg/l 11/28/06

James Anderso n

Lake Michigan Carferry

PO Box 70 8

Ludington MI 49431

Approved By

:

a1'Lrq)

M VTL guarantees the acctuscy fine analysis done -the sample submitted for tossing. It is not porsaible for MVTL to guars - that a test resnl, obtained on a particular sample will be the same on any other sample unless

all conditions affecting the sample are the same, including sampling by MVTL. As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients, and authorization for publication of st at ements, conclusion or extracts from or regarding our reports is reserved pending our w ri tten approval .
MINNESOTA VALLEY TESTING LABORATORIES, INC.

1126 N. Front St. - New Ulm, MN 56073 - 800-782-3557 - Fax 507-359-2890

1411 S . 12th St . - Bismarck, ND 58502 - 800-279-6885 - Fax 701-258-9724 Mem 13 rx Rt

35 W. Lincoln Way - Nevada, IA 50201 - 800-362-0855 - Fax 515-382-388 5

w ww.mvtl.com

Page : 1 Of 2

Report Date : 1 Dec 06

Lab Number : 06-T144

JAMES ANDERSON LAKE MICHIGAN CARFERRY Work Order : 81-1272

PO BOX 708 Account # :

LUDINGTON MI 49431 Sample Matrix : TCLP

Date Sampled :

Sampled By :

Date Received : 10 Nov 0 6

Sample Description : BOTTOM ASH

H493 Temp at Receipt : 4 .0 C

As Received Method Method Date

CAS # Result PL Reference Analyzed Analys t

NITROBENZENE (SURROGATE) RECOVERY : 85 %

2-FLUOROBIPHENYL (SURROGATE) RECOVERY : 77 t

TERPHENYL - d14 (SURROGATE) RECOVERY: 62 t

2-FLUOROPHENOL (SURROGATE) RECOVERY : 62 t

PHENOL-d5 (SURROGATE) RECOVERY : 41 %

2,4,6-TRIBROMOPHENOL (SURROGATE) RECOVERY :

DIBROMOFLUOROMETHANE (SURROGATE) RECOVERY :

TOLUENE - d8 (SURROGATE) RECOVERY : 97 t

4-BROMOFLUOROBENZENE (SURROGATE) RECOVERY :

87 t

99 If

95 t

Reporting Limi t

Elevated Less Than Result- fc) : • Due to sample matrix

. Due to sample quantity

N - Due to sample concentration

* Due to extract volum e

CERTIFICATION : MN LAB N 027 -015-125 WI LAB 0 999447680 NO MICRO N 1013 -M ND WW / DW M R -040 IA LAB # : 132 IA LAB N : 02 2

MVTL guarantees the accuracy of the an al ysis done on the sample submitted for testing . It is not porsible for MVTL to guara ntee that a test result obtained on a particular sample will be the same on any other sample uokss

all ooodilions affecting the sample we the ramc . including sampling by MVTL, As a mutual protection to clients, the public and ourselves, all reports are submitted as the con fidential property of clients . and authorization for publication of statements, conclusions or extracts from or regarding our reports is reserv ed pending our written approval.
MINNESOTA VALLEY TESTING LABORATORIES, INC .

1126 N . Front St. - New Ulm, MN 56073 - 800-782-3557 - Fax 507-359-2890

1411 S. 12th St. - Bismarck, ND 58502 - 800-279-6885 - Fax 701-258-9724 M am a E R

35 W. Lincoln Way - Nevada, IA 50201 - 800-362- 0855 - Fax 515-382-388 5

www.mvtl.com

Page : 2 of 2

Report Date : 1 Dec 06

JAMES ANDERSON LAKE MICHIGAN CARFERRY

Lab Number : 06-T144

Work Order # :81-127 2

PO BOX 708 Account # :

LUDINGTON MI 49431 Sample Matrix : TCLP

Date Sampled :

Date Received : 10 Nov 0 6

Sample Description : BOTTOM ASH H49 3

SW846 Method 1311 TCLP Ext : 9 Nov 200 6

SW846 - 8260 ZHE Ext : 14 Nov 200 6

SW846 - 8270 SVol Ext : 16 Nov 200 6

Analyte Result Action Level - mg/L Date Analyzed

.-=a@ = tS as=xaa ====saaa ====.. . ..===== .. . . ===== m=a====sea=s = a=soma .==== _

Benzene * 0 .0800 mg/L 0 .500 11/27/0 6

Carbon Tetrachloride * 0 .0800 mg/L 0 .500 11/27/0 6

Chlorobenzene < 0 .0800 mg/L 100 11/27/0 6

Chloroform * 0 .100 mg/L 6 .00 11/27/06

1,2-Dichloroethane * 0 .100 mg/L 0 .500 11/27/0 6

1,1-Dichloroethylene * 0 .100 mg/L 0 .700 11/27/0 6

Methyl Ethyl Ketone * 0 .800 mg/L 200 11/27/0 6

1,1,2,2-Tetrachloroethylene * 0 .0800 mg/L 0 .700 11/27/0 6

1,1,2-Trichloroethylene * 0 .120 mg/L 0 .500 11/27/0 6

vinyl Chloride * 0 .120 mg/L 0 .200 11/27/0 6

-esol * 0 .0540 mg/L 200 11/28/06

entachlorophenol * 0 .0550 mg/L 100 11/28/06

1,4=Dichlorobenzene * 0 .0130 mg/L 7 .5 11/28/0 6

2,4-Dinitrotoluene * 0 .0380 mg/L 0 .13 * 11/28/0 6

Hexachlorobenzene * 0 .0180 mg/L 0 .13 * 11/28/0 6

Hexachloro-1,3-Butadiene * 0 .0150 mg/L 0 .5 11/28/06

Hexachloroethane * 0 .0130 mg/L 3 11/28/06

Nitrobenzene < 0 .0150 mg/L 2 11/28/06

Pyridine * 0 .0550 mg/L 5 * 11/28/0 6

2,4,5-Trichlorophenol * 0 .0150 mg/L 400 11/28/0 6

2,4,6-Trichlorophenol * 0 .0150 mg/L 2 11/28/06

* If the quantitation limit is greater than the calculated regulatory

level, the quantitation limit therefore becomes the regulatory level .

2-FLUOROPHENOL (SURROGATE) RECOVERY : 62 %

PHENOL-d5 (SURROGATE) RECOVERY : 41 %

2,4,6-TRIBROMOPHENOL (SURROGATE) RECOVERY : 87 k

NITROBENZENE (SURROGATE) RECOVERY : 85 %

2-FLUOROBIPHENYL (SURROGATE) RECOVERY : 77

TERPHENYL-d14 (SURROGATE) RECOVERY : 62 V

DIBROMOFLUOROMETHANE (SURROGATE) RECOVERY : 99 W

TOLUENE-d8 (SURROGATE) RECOVERY : 97 %

4-BROMOFLUOROBENZENE (SURROGATE) RECOVERY : 95 t

Approved by : Dan O'Connell, Organic

Laboratory Manager New Ulm, MN

MINNESOTA LAB M 027-015-125 WISCONSIN LAB IO g 999447680 NORTH DAKOTA LAB ID N 1013-M IOWA CERTIFICATION 8 : 13 2

MVTL guarantees the accuracy of the analysis done on the sample submitted for testing . It is not possible for MVTL to X-ramtee that a test result obtained on a par ticular sample will be the same on any other sample unless

all conditions affecting the samp le are the same, including sampling by MVTL . As a mutual pro tection to clients, the public and ou rselves, all report s are submitted as the con fid ential prope rty of clients, and authorization for public ation of statements, conclusions or ext ra cts from or regarding our reports is reserved pending ow wri tten approval .

awr --s nnnnnmrtwnmv mans nvton
MINNESOTA VALLEY TESTING LABORATORIES, INC.

1126 N. Front St . - New Ulm, MN 56073 - 800-782-3557 - Fax 507-359-2890

1411 S . 12th St . - Bismarck, ND 58502 - 800-279-6885 - Fax 701-258-9724 MEM® rZ fi

35 W. Lincoln Way - Nevada, 1A 50201 - 800-362-0855 - Fax 515-382-388 5

www.mvtl.com

Page : 1 of 2

Report Date : 1 Dec 06

Lab Number : 06-T14 5

JAMES ANDERSON LAKE MICHIGAN CARFERRY Work Order : 81-1272

PO BOX 708 Account # :

LUDINGTON MI 49431 Sample Matrix : TCLP

Date Sampled :

Sampled By :

Date Received : 10 Nov 0 6

Sample Description : FLY ASH

H494 Temp at Receipt : 4 .0 C

As Received Method Method Date

CAS # Result RL Reference Analyzed Analyst

NITROBENZENE (SURROGATE) RECOVERY : 92 t

2-FLUOROBIPHENYL (SURROGATE) RECOVERY : 87

TERPHENYL- dl4 (SURROGATE) RECOVERY: 80 t

2-FLUOROPHENOL (SURROGATE) RECOVERY : 53 t

PHENOL-dS (SURROGATE) RECOVERY : 37 %

2,4,6-TRIBROMOPHENOL (SURROGATE) RECOVERY :

DIBROMOFLUOROMETHANE (SURROGATE) RECOVERY :

TOLUENE- de (SURROGATE) RECOVERY : 98 t

4-BROMOFLUOROBENZENE (SURROGATE) RECOVERY :

Reporting Limi t

Elevated - Less Than Result- (<) : ® Due to sample matrix

Due to sample quantit y

CERTIFICATION : MN LAB 8 027-015-125 WI LAB Is 999447680 ND MICRO 0 1013 - M ND WW/ DW g R-040 IA LAB # : 132 IA LAB 4 : 022

M VTL guarante es the accuracy of the analysis dote on the sample submitted for luting. It is not possible for MVTL to guarantee that a t est result ob tained on a particular sample will be the same oo any other sample unless

all conditions affecting the sample are the same, including sampling by MVTL. As a mutual protection to clients, the public and ...selves, all reports are submitted as the co n fidential property of clients, and authorization

for publication of statements, conclusions or extracts from or regarding our reports is res ed pending our written approval .

g = Due to sample concentration

+ Due to extract volume
MINNESOTA VALLEY TESTING LABORATORIES, INC.

1126 N. Front St. - New Ulm, MN 56073 - 800-782-3557 - Fax 507-359-2890

1411 S . 12th St. - Bismarck, ND 58502 -- 800-279-6885 Fax 741-258-9724 M a MBE Pt

35 W. Lincoln Way - Nevada, IA 50201 - 800-362-0855 - Fax 515-382-3885

www.mvti.com

Page : 2 of 2

Report Date : 1 Dec 0 6

JAMES ANDERSON LAKE MICHIGAN CARFERRY

Lab Number : 06-T14 5

Work Order # :81-127 2

PO BOX 708 Account # :

LUDINGTON MI 49431 Sample Matrix : TCLP

Date Sampled :

Date Received : 10 Nov 0 6

Sample Description : FLY ASH H49 4

SW846 Method 1311 TCLP Ext : 9 Nov 200 6

SW846 - 8260 ZHE Ext : 14 Nov 200 6

SW846 - 8270 SVol Ext : 16 Nov 200 6

Analyte Result Action Level - mg/L Date Analyzed

sa=======x===aassaaaaa = aaaaar¢ ---ecse a .... =a===z=aaaaaaaa mans aaaamana- a

Benzene < 0 .0800 mg/L 0 .500 11/27/0 6

Carbon Tetrachloride < 0 .0800 mg/L 0 .500 11/27/0 6

Chlorobenzene < 0 .0800 mg/L 100 11/27/0 6

Chloroform < 0 .100 mg/L 6 .00 11/27/0 6

1,2-Dichloroethane < 0 .100 mg/L 0 .500 11/27/0 6

1,1-Dichloroethylene < 0 .100 mg/L 0 .700 11/27/0 6

Methyl Ethyl Ketone < 0 .800 mg/L 200 11/27/06

1,1,2,2-Tetrachloroethylene < 0 .0800 mg/L 0 .700 11/27/06

1,1,2-Trichloroethylene < 0 .120 mg/L 0 .500 11/27/0 6

Vinyl Chloride < 0 .120 mg/L 0 .200 11/27/0 6

resol < 0 .0540 mg/L 200 11/28/0 6

antachlorophenol < 0 .0550 mg/L 100 11/28/0 6

1,4-Dichlorobenzene < 0 .0130 mg/L 7 .5 11/28/0 6

2,4-Dinitrotoluene < 0 .0380 mg/L 0 .13 * 11/28/0 6

Hexachlorobenzene < 0 .0180 mg/L 0 .13 * 11/28/0 6

Hexachloro-1,3-Butadiene < 0 .0150 mg/L 0 .5 11/28/0 6

Hexachloroethane < 0 .0130 mg/L 3 11/28/0 6

Nitrobenzene < 0 .0150 mg/L 2 11/28/0 6

Pyridine < 0 .0550 mg/L 5 * 11/28/0 6

2,4,5-Trichlorophenol < 0 .0150 mg/L 400 11/28/0 6

2,4,6-Trichlorophenol < 0 .0150 mg/L 2 11/28/0 6

* If the quantitation limit is greater than the calculated regulatory

level, the quantitation limit therefore becomes the regulatory level .

2-FLUOROPHENOL (SURROGATE) RECOVERY : 5 3

PHENOL-d5 (SURROGATE) RECOVERY : 37 %

2,4,6-TRIBROMOPHENOL (SURROGATE) RECOVERY : 11 1

NITROBENZENE (SURROGATE) RECOVERY : 92 %

2-FLUOROBIPHENYL (SURROGATE) RECOVERY : 87 $

TERPHENYL-d14 (SURROGATE) RECOVERY : 80 $

DIBROMOFLUOROMETHANE (SURROGATE) RECOVERY : 99 $

TOLUENE-d8 (SURROGATE) RECOVERY : 98 %;

4-BROMOFLUOROBENZENE (SURROGATE) RECOVERY : 94

Approved by :

Dan O'Connell, Organic

Laboratory Manager New Ulm, MN

MINNESOTA LAB N 027 - 015-125 WISCONSIN LAB ID N 999117680 NORTH DAXOTA LAB ID N 1013-M IOWA CERTIFICATION N : 13 2

MVTL gua rantees the accuracy of the analysis done on the sample submitted for testing. It is not possible for M VTL no guara ntee theta test result obtained on a part icularsample will be the same on any other sample unless

all conditions affecting the sample are the same, including sampling by M VTL. Asa mutual protection to clients, the public and ourselves . all reports are submitted as the confidential property of clients. and authorization

for publication of statements, cond .. .... or ext ra cts from or regarding our reports is reserved pending our written approval .

..N-IT A . ,lD0rl0TT -- --I-
<Tde_ritA\I Analytical Laboratory Report

Report ID : 537981 .01(01)

Generated on 09/0412008

Report to Report produced by

Attention : Dave Warner Merit Laboratories

ASI Environmental Tech . 2680 East Lansing Drive

410 East Dowland Street East Lansing, MI 48823

Ludington, MI 49431

Phone: (517) 332 .0167 FAX: (517) 332.833 3

Phone: 231-845-0371 FAX: 231-846-0426

Email : d avewarner iaasionvironmental .co m

Report Summa ry

Lab Sample ID(s) : 53708i .01-S37981 .02

Project: Lake MI Carferry

Collected Date : 08/13/200 8

Submitted Date /Time : 09/02/2008 10 :15

Sampled by, Bob Manglitz

P.O. #:

Report Notes

Results relate only to items tested as received by the laborato ry .

Methods may be modified for improved performance .

Results reported on a d ry weight basis where applicable .

-Not detected" indicates that parameter was not found at a level equal to or greater than th e RDL .

Report shag not be reproduced except in full, without the writt en approval of Merit Laboratories .

41/ >

Viole tta F. Murshak

Laboratory Director

Report to ASI Environmental Tech . Page 1 of 8 Report ID: 537981,01(01 )

Project : Lake MI Carferry Generated on 09/04/2008
Analytical Laboratory Report

ralstmw~rec, Inc. '

Sample Summary (2 samples )

Sample ID Sample Tag Matrix Collected Date/Time

$37881,01 LMC Bottom Ash Solid 08/13/2008

537981 .02 LMC Fly Asti Solid 08/13 12008

Report to ASI rz nvironmental Tech, Page 2 of 6 Report ID ; 537881 .01(01 )

Project : Lake MI Carferry Generated on 09!0412008
~Merit~

ra bo"yoism I nc.

Analytical Laboratory Report

Lab Sample ID : 537981 .01

Sample Tag: LMC Bottom Ash

Collected Date/Time: 0811312008

Matrix: Solid

COO Reference: 043094

Sample Containers

# Type

1 Plasti c Bag

Preservati ve(s)

None

Refrigerated ?

Yes

Arrival Tem p. (C) Thermometer #

n/a n/a

Analysis Results Units ROL Method Run Date/Time Analyst Limits Flags

Extrac6on1 prop.

Mercury Digestion Completed 7470A 09104/08 11 :00 JR T

Metal Digestion Completed M15A 09/04108 12:00 SLS

TCLP Zero Headspace Ext . Completed 1311 09/02/0814:44 WAR H

TCLP/SPLP BNA Extraction Completed 3510C 09/0310823:44 EMR H

TCLP Extractio n

Inital Sample pH 9 .89 1311 09/02/08 16:00 WAR H

pH after 3.5 ml HCl 1 .70 1311 0810210818 :00 WAR H

% Solids 100 1311 0910210816 :00 WAR H

Sample Used g 40 1311 09/ 02 108 16:00 WAR H

Final Volume mL 800 1311 09/02108 16,00 WAR H

TCLP Extraction Fluid 1 1311 04102108 16 ;00 WAR H

Final Extract pH 5 .13 1311 09102108 16 :00 WAR H

Inorganic s

Reactive Cyanide Not detected mg/kg 1 .5 90108 09/03/08 11 :10 JDP H

Reactive Sulfide Not detected mg/kg 5 90308 09103108 09 :40 JDP H

Total Solids 100 % 1 Std M 2540 B 09102108 11 ;45 DJ s

metals

Arsenic, TCLP Not detected mg/L 0 .01 6020 09/04/08 13:19 SLS 5 .0

Barium, TCLP 017 mg/L 0 .05 6020 09/04/08 13 :19 SLS 100 .0

Cadmium, TCLP Not detected mg/L 0 .005 6020 09104/08 13 :19 SLS 1 .0

Chromium, TCLP Not detected mg/L 0 .05 6020 09104/08 13 :19 SLS 5. 0

Lead, TCLP Not detected mg/L 0 .03 6020 09104/08 13 :18 SLS 5. 0

Mercury, TOLD Not detected mg/L 0 .0002 7471A 0910410814 :31 JRT 0. 2

Selenium, TCLP Not detected mg/L 0 .05 6020 09/0410813 :19 SLS 1 . 0

Silver, TCLP Not detected mg/L 01005 6020 09104/08 13 :19 SLS 5 . 0

Organics - Semi-Volafifss

TCLP Semi Volatita s

a-Cresol Not detected u 9 11- 1,000 8270C 0910410812,25 ARH 200,000 R

p,m-Cresol Not detected ug/L 1,000 8270C 09104/08 12:25 ARH 200,000 R

Pentachtorophenol Not detected ug/L 1,000 8270C 09/04108 12:25 ARH 100,000 R

2,4,5-Trichlorophenol Not detected ug/L 1,000 8270C 0810410812:25 ARH 400,000 R

2,4,6-Trichlorophenol Not detected ug/L 11000 82700 0910410812.25 ARH 2,000 R

2,4-Dinitrotoluene Not detected ug/L 00 8270C 09!04/0812:25 ARM 130 R

Hexachlorobenzen e Not detected ug/L 90 8270C 09104/08 12:25 ARH 130 R

Hexachlo robutadiene Not detected ug/L 100 8270C 09104/08 12:25 ARH 500 R

Hexachloroethane Not detected ug/L 100 8270C 09!0410812:25 ARH 3,000 R

Nit robenzene Not detected ug/L 100 82700 09104108 12:25 ARH 2,000 R

H-Sample submitted and run outside of holding time

R-Preliminary result

Report to ASI Environmental Tech. Page 3 of 6 Report ID: 537981 -01(01 )

Project; lake MI Carferry Generated on 09104/200 8
<Merit~

Ya bavuvf t nc.

Analytical Laboratory Report

Lab Sample ID : $37981 .01 (continued )

Sample Tag : LMC Bottom Ash

Analysis Results Units RDL Method Run Date/Time Analyst Limits Flags

Organics - Semi-Volatiles (continued)

TCLP Semi Volatiles (continued)

Pyridine Not detected ug1L 100 8270C 09/04108 12 :26 ARH 5,000 R

Organics - Volatiles

TCLP Volatiles

Benzene Not detected ug/L 100 82608 09/03/08 19:49 JGH 500 H

Carbon tetrachloride Not detected ug/L 100 82608 09/03108 19:49 JGH 500 H

Chlorobenzene Not detected ug/L 1100 82606 09/03108 19:49 JGH 100,000 H

Chloroform Not detected ug/L 100 8260B 09/03/08 19,49 JGH 6,000 H

1,4-Dichlorobenzene Not detected ug/L 100 82806 0 910 3108 19 :49 JGH 7,500 H

1,2-Dichlomethane Not detected ug/L 100 82609 09/03/08 19 :49 JGH 500 H

1,1-Dichioroethene Not detected ug/L 100 82608 09/0 3108 19 :49 JGH 700 H

2-Butanone (MEK) Not detected ug/L 1,000 8260B 09/03108 19 :49 JGH 200,000 H

Tetrachloroethene Not detected ug/L 100 82608 09103/06 19 :49 JGH 700 H

Trichloroethene Not detected ug/L 100 8260B 09/03108 19:49 JGH 500 H

Vinyl chloride Not detected ug/L 100 B200B 09/03/08 19:49 JGH 200 H

R•Preliminary resul t

H-Sample submitted and run outside of holding tim e

Report to ASI Environmental Tech, Page 4 of 6 Report ID : S37'981 .01(01 )

Project : Lake MI Carferry Generated on 09/04/2008
<

Merit~ Analytical Laboratory Report

Lab Sample ID : $37081 .02

Sample Tog : LMC Fly Ash

Collected Datelrime; 0811312008

Matrix: Solid

COC Reference : 043094

Sample Containers

# Type Preservative(s) Refrigerated? Arrival Temp. (C) Thermometer #

1 Plastic Bag None Yes n/a nla

Analysis Results Units RDL Method Run Date/Time Analyst Limits Flags

Extraction /Prop.

Mercury Digestion Completed 7470A 09104108 11 :00 JRT

Metal Digestion Completed 3015A 09104/08 12 :00 SLS

TCLP Zero Headspace Ext . Completed 1311 09/02/08 14 :44 WAR H

TCLP/SPLP BNA Extraction Completed 35100 09103108 23 :44 EMIR H

TCLP Extraction

Inital Sample pH 9.17 1311 09/02/0816,00 WAR H

pH after 3 .5 ml MCI 2.23 1311 09102108 16:00 WAR H

% Solids 100 1311 09/02/08 16 :00 WAR H

Sample Used g 40 1311 09102/08 16 :00 WAR H

Final Volume mL Soo 1311 09/02/08 16 :00 WAR H

TCLP Extraction Fluid 1 1311 09/02/08 16 :00 WAR H

Final EXtract pH 5 .27 1311 09102108 16 :00 WAR H

Inorganic s

Chlorine Not detected mg/kg 35 330 .6 09/03/08 13:20 JKB

Density 2 .85 g/ce 2710 Std Mtd 09102108 15;12 DJS H

Flashpoint for Solids Not detected mm/sec 2 .2 1030 09103108 13:17 DJ S

Paint Filter Test FAILED 9095 09104/0812 :59 WAR

pH 8.77 STD Units 0 .1 9045D 09102108 15 :15 DJS 12 .5

Total Solids 98 % 1 Std M 2540 B 09/02/08 11 :45 DJS

Metals

Arsenic, TCLP Not detected mg/L 0.01 6020 09104108 13:22 SLS 5 .0

Ba rium, TCLP 0 . 78 mg/L 0.05 6020 09/04/08 13:22 SLS 100 . 0

Cadmium, TCLP 0 . 006 mg /L 0 .005 6020 09104108 13:22 SLS 1 .0

Chromium, TCLP Not detected mg/L 0 . 05 6020 09/04108 13,22 SLS 5, 0

Copper, TCLP 0 .04 mg/L 0 .01 6020 09104/08 13:22 SL S

Lead, TCLP Not detected mg/L 0 .03 6020 09104108 13 :22 SLS 5 . 0

Mercury, TCLP Not detected mg/L 0 .0002 7471A 09/0410814 :33 JRT 0 2

Nickel, TCLP 0.19 mg/L 0 .05 8020 00104108 13 :22 SLS

Selenium, TCLP 0 . 06 mg/L 0 .05 6020 09/04/08 13 :22 SLS 1 .0

Silver, TCLP Not detected mg/L 0.005 6020 0910410813 ;22 SLS 5 .0

Zinc, TCLP 0 .61 mg/L 0.05 6020 09104/08 i3 :22 SLS

Organics - semi-Volatiles

TCLP Semi Volatiles

o-Cresol Not detected ug/L 1,000 8270C 09/04108 12 ;44 ARH 200,000 R

p,m-Cresol Not detected ug/L 11000 82700 09104108 12 :44 ARH 200,000 R

Pentachlorophenol Not detected ug/L 1 ,000 8270C 09/04/08 12 :44 ARH 100,000 R

2,4,5-Trichiorophenol Not detected ug/L 1 1000 8270C 09/04/08 12 :44 ARH 400,000 R

H-Sample submitted and run outside of holding ti me

R-Preliminary result

Report to ASI Environmental Tech . Page 5 of 6 Report ID: S37981 .01(01 )

Project : Lake MI Carferry Generated on 09104/2008
~Merit~ Analytical Laboratory Report

Lab Sample ID: 537981 .02 (oontinued )

Sample Tag : LMC Fly As h

Analysis Results Units RDL Method Run Datelrime Analyst Limits Flag s

Organics - Semi-Volatiles (continued}

TCLP Semi Volatiles (continued )

2,4,6-Trichlorophenol Not detected ug/L 1,000 8270C 09/04/08 12 :44 ARH 2,000 R

2,4-Dinitrotoluene Not detected ug/L 90 8270C 09/04/08 12 :44 ARH 130 R

Hexachlorobenzene Not detected ug/L 90 8270C 09!04/08 12 :44 ARH 130 R

Hexachlorobutadiene Not detected ug/L 100 8270C 09/04108 12 :44 ARH 500 R

Hexachloroethane Not detected uglL i00 8270C 09/04/08 12 :44 ARH 3,000 R

Nitrobenzene Not detected ug/L 100 8270C 09/04/OB 12 :44 ARH 2,000 R

Pyridine Not detected ug/L 100 82700 09/04/08 12 :44 ARH 5,000 R

Organics - Volatile s

TCLP Volatiles

Benzene Not detected ug/L 100 8260B 09/03/08 70:07 JGH 500 H

Carbon tetrachloride Not detected ug/L 100 8260B 09103108 20:07 JGH 500 H

Chlorobenzene Not detected ug/L 100 82609 09103/08 20:07 JGH 100,000 H

Chloroform Not detected ug/L 100 82608 09!03/08 20:07 JGH 6,000 H

1,4-Dichtorobenzene Not detected ug/L 100 82608 09/03/08 20:07 JGH 7,500 H

1,2-Dichloroethane Not detected ug/L 100 826013 09/03/08 20:07 JGH 500 H

1,1-Dichtoroethene Not detected ug/L 100 82603 09103/08 20:07 JGH 700 H

2-13utonone (MEK) Not detected ug/L 1,000 82608 09/03/08 20:07 JGH 200,000 H

Tetrachloroethene Not detected ug/L 100 82608 09103/08 20 :07 JGH 700 H

Trichloroethene Not detected ug/L 100 8260E 09/03108 20 :07 JGH 500 H

Vinyl chloride Not detected ug/L 100 82608 09103/08 20 :07 JGH 200 H

R-Preliminary resul t

H-Sample submitted and run outside of holding time

Report to ASI Environmental Tech . Page 6 of 6 Report ID : $37981 .01(01)

Project : Lake MI Carfeny Generated on 09104/200 8
l Merit

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~Merit~ Analytical Laboratory Report

Report ID, S38297 .01(01)

Generated on 09/30/2008

Re ort to

Attention . Dave Warner

ASI Environmental Tech .

410 East Dowland Street

Ludington, MI 4943 1

Phone: 231.845.0371 FAX: 231 .845-0426

E mail: davewamer @asienvironmental .com

_Report Summary

Lab Sample 10(s): $38287 .01

Project LMC Coal Ash

Collected Date : 091 1812008

Submitted Date/Time ; 09/24/2008 08,00

Sampled by! Charles Cart

P.O. #.

Report Notes

Results relate only to items tested as received by the laboratory .

Methods may be modified for improved performance .

Results reported on a dry weight basis where applicable .

"Not detected" indicates that parameter was not found at a level equal to or greater than the RDL .

Report shall not be reproduced except in full, without the written approval of Merit Laboratories .

Vio l f04mad

violetta F, Murshak

Laboratory Director

Report to ASI Environmental Tech . Page i of 3 Report ID- S38297 .01(01)

Project: LMC Coal Ash Generated on 09/30/2008

Report produced by

Merit Laboratories

2680 East Lansing Drive

East Lansing, MI 48823

Phone : (617)$32-0-167 FAX : (517) 332-6333
<

Merit~ Analytical Laboratory Report

r~tm~m~, t»~ .

Sample Summary (i samples)

Sample IQ Sample Tag Matrix Collected Date/Time

538297.01 LMC Coal Ash Ash 09/1812008 21 :3 0

Report to ASI Environmental Tech . Page 2 of 3 Report Ib : 538297.01(01 )

Project ; LMC Coal Ash Generated on 09/3012008
f Merit`s

r.a4uenear;ca, r~~.

Analytical Laboratory Report

Lab Sample ID : 538297 .01

Sample Tag ; LMC Coal Ash

Collected Dateh'ime ; 09/1812008 21 :30

Matrix : As h

COC Reference: 5081 1

Sample Containers

# Type Prese vative(s) Refrigerated? Arrival Temp . (C) _ Thermometer #

2 32oz Glas s

Analysis

r

None

Results

Yes

Units

4 . 5

RDL Method

IR

Run Date/Time Analyst CAS 8 Flag s

4KIra0Gan / Prep.

Mercury Digestion Completed 7471A 09126/08 12 :00 JR T

Metal Digestion Completed 30505 09129108 12 ;00 SL S

PNA Extraction Completed 35608 09/25108 19:38 EMR

Inorganics

pH 8182 STD Units 0.1 9046D 09122108 16 :53 WAR

Metals

Arsenic 4.42 mg/kg 0 .10 6020 09/29/08 14 :38 SLS 7440.38 .2

Barium 56 .3 mg/kg 1 .0 6020 09/26/08 14 :38 SLS 7440-39-3

Cadmium Not detected mg/kg 0 .20 6020 09/29/08 14:38 $LS 7440-43-9

Chromium Not detected mg/kg 1 .0 6020 09/29108 14:38 SLS 7440 .47- 3

Lead 0 .56 mg/kg 0.50 6020 09129108 14:38 SLS 7439-92- 1

Mercury Not detected mglkg 0.050 747iA 09/26/08 15:58 JRT 7439.97.6

Selenium 0.27 mg/kg 0.20 6020 09129/08 14 :38 SLS 7782-49.2

Silver Not dete ct ed mglkg 0.10 5020 09129/08 14 :38 SLS 7440-22-4

Organics - Semi-Vo/atlles

Polynuclear Aromatic s

Acenaphthene Not detected ug/kg 300 8270C 09/26108 15:54 ARH 83.32-A T

Acenaphthylene Not detected ug/kg 300 82700 09/26108 15:54 ARH 208-96-8 T

Anthracene Not detected ug/kg 300 8270C 09/26!0815:54 ARH 120-12-7 T

Benzo(a)anthracene Not detected ug/kg 300 8270C 09/26108 15:54 ARH 56-55-3 T

Senzo(8)pyrene Not detected ug/kg 300 8270C 09/26/08 15:54 ARH 50-32-8 T

Benzo(b)fluoranthene Not detected ug/kg 300 8270C 09/26108 15 :54 ARH 205-99.2 T

Benzo(k)fluoranthens Not detected ug/kg 300 82700 09126/08 15 :54 ARH 207-08-9 T

Senzo(ghi)perylene Not detected ug/kg 300 8270C 09/26/08 15 :54 ARH 191-24-2 T

Chrysene Not detected ug/kg 300 8270C 09/2810815,54 ARH 218-01.9 T

Dibanzo(ah)anthracane Not detected u9/kg 300 82700 09/26108 15 :54 ARH 53-70-3 T

Fluoranthene Not detected uglkg 300 8270C 09/25/08 15:54 ARH 206-44-0 T

Fiuorene Not detected ug/kg 300 82700 09/26/08 15:54 ARH 86 .73-7 T

indeno(1,2,3-cd)pyrene Not detected uglkg 300 $270C 09/26108 15:54 ARH 193-39-5 T

Naphthalene Not detected ug/kg 300 8270C 09/2610815:54 ARH 91-20-3 T

Phenanthrene Not detected uglkg 300 8270C 09/26108 15 :54 ARH 85-01-8 T

Pyrene Not detected ug/kg 300 82700 09126/08 15 :54 ARH 129-00-0 T

2-Methyinaphthalene 300 uglkg 300 8270C 09126/08 15 :54 ARH 91-57.6 T

1-Mothyinaphthalene Not detected ug/kg 300 82700 09/26/08 15 :54 ARH 90-12-0 T

T-No correction for total solids

Report to ASI Environmental Tech . Page 3 of 3 Report 03: $38297.01(01)

Project LMC Coal Ash Generated on 0913012008
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Merit Analytical Laboratory Report Supplemental Report

~lso.wwriw, rnC.

Report IQ: 538249,01(02)

Generated on 09/291200 8

Replaces report &36249. 01(01) generated on 4912612008

Report to

Attention: Dave Warner

ASI Environmental Tech .

4101 East Dowiand Street

Ludington, MI 4943 1

Phone: 23-1-845-0371 FAX: 231-845-0420

Email: davewamer@asienvironmental .co m

Report produced by

Merit l-aboratones

2680 East Lansing Drive

East Lansing, MI 48823

Phone : (517) 332-0167 FAX: (517) 332-633 3

Report Summary

Lab Sample ID(s): S38249.01-538249 .02

Project . LMC Ash & Surface H2O

Collected Date : 09/17/2008 .0911812008

Submitted Date[Time : 09/19/2008 10 :00

Sampled by : Jonathan Mauchmar

P .Q . # :

Report Note s

Results relate only to items tested as received by the laboratory.

Methods may be modified for improved performance .

Results reported on a dry weight basis where applicable .

"Not detected" Indicates that parameter was not found at a level equal to or greater than the RDL.

Report shall not be reproduced except in ful , without the written approval of Merit Laboratories ,

Vio

/094 !, da

Violetta F. Murshak

Laboratory Director

Report to ASI Environmental Tech . Page 1 of 4 Report ID: 538249.01(02 )

Project : LMC Ash & Surface H2O Generated on 09 129/2008
Analytical Laboratory Report Supplemental Report

Sample Summary (2 samples)

Sample ID Sample Tag Matrix rCollected Datelrlm e

S38249 .01 LMC•LSWS-1 Surface Water 0911712008 08 :0 7

538248 .02 LMC-LSWS-2 Surface Water 0919 812008 08 ;15

Report to ASI t5nvironmental Tech. Page 2 of 4 Report ID: 538249.01(02 )

Project : LMC Ash & Surface H2O Generated on 081 2 9 12008
~Merit~ Analytical Laboratory Report Supplemental Report

ralmnuorica, l .i a

Lab Sample ID: 538249 .01

Sample Tag; LMC-LSWS- 1

Collacted Date/Time; 09/17/2008 08 :07

Matrix : Surface Wate r

COC Reference : 5081 3

Sample Containers

# Type Preserv alive(s) efrigerate d? rrival Temp . (C) hermo meter #

2 1 L Amber None

1 1 L Plastic None

1 125mt Plastic HN03

Ye s

Ye s

Yes

4 . 1

4. 1

4 .1

I R

I R

I R

Analysis Results Units RDL Method Run Datalfime Analyst CAS # Flags

Edractlon /Prep.

Mercury Digestion Completed 7470A 09123/08 10 :30 JRT

Metal Digestion Completed 3015A 09/26/08 12;00 SLS

PNA Extraction Completed 35100 09/22108 21 .02 EMIR

Inorganic s

Total Suspended Solids 1 mg/L 1 2540 D 09/19 /08 17:00 DJS

Metals

Arsenic Not detected mg/L 0 .001 200 .8 09126108 13 :55 SLS 7440 .38.2

Ba rium 0 .032 mg/L 0 .005 200 .8 09/28/08 13 :55 SLS 7440-39- 3

Cadmium Not detected mg/L 0 .0005 200 .8 09126/08 13:55 SLS 744043, 9

Chromium Not detected mg/L 0 .005 200 .8 09128/0813:55 SLS 7440-47- 3

Lead Not detected mg/L 0 .003 200.8 09/26108 13:55 SLS 7439-92- 1

Mercury Not detected mgiL 0.0002 245.1 09123/08 15:00 JRT 7439-97.6

Selenium Not detected mg/L 0.005 200.8 09120/08 13:55 SLS 7782 .49-2

Silver Not detected mg/L 0.0005 200.8 09126/08 13 .55 SLS 7440-22- 4

Drganics - semi-Voletiles

Potynuclear Aromatic Hydrocarbo n

Acenaphthene Not detected ug/L 5 82700 09123/08 21,23 ARH 83 .32. 9

ftenaphthylene Not detected ug/L 5 8270C 09/23108 21 ;23 ARH 208-96-8

Anthracene Not detected ug/L 5 8270C 09123108 21 :23 ARH 120.12-7

Benzo(a)anthracene Not detected ug/L S 62-tor, 09/23/08 21 :23 ARH 56-55-3

eanro(a)pyrerie Not detected ug/L 5 8270C 09/23/08 21 :23 ARH 50-32-8

8enzo(b)Ruoranthene Not detected ug/L 5 82700 09/23/08 21 :23 ARH 205-99. 2

Senzo(k)fluoranthene Not dete cted ug/L 5 8270C 09/23/08 21 :23 ARH 207-08- 9

Benzo(ghi)perylsne Not detected ug/L 5 82700 09/23/08 21 :23 ARH 191-24-2

Chrysene Not detected ug/L 5 82700 09123/08 21 :23 ARH 218.01-9

Dibenzo(ah)anthra ce ne Not detected ug/L 5 8270C 09123108 21 :23 ARH 53-70- 3

Fluoranthene Not detected ug/L 5 82700 09/23108 21 :23 ARH 208-44.0

Fluorene Not detected ug/L 5 82700 09123/08 21 :23 ARH 86.73- 7

indeno(1,2,3-cd)pyrene Not detected ug/L 5 8270C 09/23/08 21 :23 ARH 193-39- 5

Naphthalene Not detected ug/L 5 82700 09/23108 21 :23 ARH 91-20.3

Phenanthrene Not detected ug/L 5 8270C 09123/08 21 :23 ARH 85-01-8

Pyrene Not detected ug/L 5 8270C 09123/06 21 ;23 ARH 129 .00- 0

2-Methylnaphthatene Not detected ug1L 5 8270C 09/23108 21 :23 ARH 91-57-6

1-Methylnaphthatene Not detected ug/L 5 8270C 09/23/08 21 :23 ARH 90-12-0

Report to ASI Environmental Tech . Page 3 of 4 Report ID, S38249 .01(02)

Project : LMC Ash & Surface H2O Generated on 09/2912008
~M~ I Analytical Laboratory Report Supplemental Report

[abOm~oric4 ]ucLab Sample ID : S38249 .02

Sample Tag : LMC-LSWS-2

Collected Date/Time : 09/1812008 081 5

Matrix: Surface Water

COC Reference ; 5081 3

Sample Containers

# Type Preservative(5) Refrigerated? Arrival Temp . (C) Thermometer #

2 11- Amber None

1 1 L Plastic None

1 125m1 Ptaetic HN0 3

Analysis ____ Results

Yes

Yes

Yes

Units

4 . 1

4 . 1

4 . 1

RDL ethod

I R

I R

IR

Run Date/Tims nalyst CAS # _ Flags

;Extraction /Prop.

Mercu ry Digesti on Completed 7470A 09/2310810:30 JRT

Metal Digestion Completed 3015A 0912610812:00 SLS

PNA Extraction Completed 35100 09/22/08 21 :02 EMR

Inorganics

Total Suspended Solids 6 mg/L 1 2540 D 09119/08 17:00 DJ s

Metals

Arsenic Not detected mg/L 01001 200 .8 09125/0814 :15 SLS 7440 .38-2

Barium 0 .032 mg/L 0.005 200 .8 09/2610814 :15 SLS 7440-39- 3

Cadmium Not detected mg/L 0 .0005 200.8 09/26/08 14:15 SLS 7440-43- 9

Chromium Not detected mg/L 0.005 200.8 09126/0814:15 SLS 7440.47.3

Lead Not detected mg/L 0,003 200.8 09!26/0814:15 SLS 7439-92- 1

Mercury Not detected mg/L 0. 0002 245 .1 09/23/08 15:02 JRT 7439-97-6

Selenium Not detected mg/L 01005 200.8 0912610814:15 SLS 7782-49-2

Silver Not detected mg/L 0 .0005 200 .8 09126/08 14 :15 SLS 7440-22-4

Organics - Semi-Volatilea

Potynuclaar Aromatic Hydrocarbo n

Aoenaphthene Not detected ug/L 5 8270C 09123/08 21 :44 ARH 8932.9

Acenaphthylene Not detected ug/L 5 8270C 09123/08 21 ;44 ARH 208-96- 8

Anthracene Not detected ug/L 5 8270C 09/23108 21 :44 ARH 120-12- 7

Benzo(a)anthracene Not detected ug/L 5 8270C 09/23/08 21 :44 ARM 56-55 .3

Benzo(a)pyrene Not detected ug/l . 5 8270C 09123/08 21 :44 ARH 50-32-8

Benzo(b)8uoranthene Not detected ug/L 5 8270C 09/23108 21 :44 ARH 205.99 .2

Benzo(k)fluoranthene Not detected ug/L 5 8270C 09123106 2144 ARH 207-08- 9

Benzo (ghl)peryiene Not detected ug/L 5 82700 09/23/08 21 :44 ARH 191-24-2

Chrysene Not detected ug/L 5 82700 09/23/08 21 :44 ARH 218 .01-9

Dibenzo(ah)anthracene Not detected ug/L 5 82700 09/23/08 21 ;44 ARH 53-70-3

Fluoranthene Not detected ug/L 5 8270C 09123108 21 :44 ARH 208-44. 0

Fluorehe Not detected ug/L 5 8270C 09/23108 21 :44 ARH 86-73- 7

I ndeno(i ,2,3-cd )pyrene Not detected ug/L 5 8270C 09123108 21 :44 ARH 193-39-5

Naphthalene Not detected ug/L 5 82700 09/23/08 21 :44 ARH 91-20-3

Phenanthrene Not detected ug/L 5 8270C 09123/08 21 :44 ARH 85-01-8

Pyrene Not detected ug/L 6 82700 09/23108 21 :44 ARH 129-00- 0

2-Methylnaphthalene Not detected ug/L 5 8270C 09/23108 21 :44 ARH 91-57-6

1-Methylnaphthalene Not detected ug/L 5 8270C 09123108 21A4 ARH 90-12-0

Report to ASI Environmental Tech . Page 4 of 4 Report 10 : S38249.01(02)

Project: LMC Ash & Surface H2O Generated on 09/291200 8
MO Ea&t LarT ng Dr., East Lansing, MI 4BB23

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Analytical Laboratory Report

deport produced by

Merit Laboratories

2680 East Lansing Drive

East Lansing, MI 48823

Phone: (517) 332-0167 FAX: (511) 332-6333

Phone : 231-845 -0371 FAX: 231-845-0426

E mail: jonathanmauchmar@asienvironmentai .com

Report Summary

Lab Sample ID(s): $38296,01

Project : LMC Ash & Surface H2O

Collected Date : 09/19/2008

Submitted Daterfime: 09/24/2008 08:00

Sampled by: Jonathan Mauchma r

P.O . # :

Report Notes

Results relate only to items tested as received by the laboratory .

Methods may be modified for improved performance ,

Results reported on a dry weight basis where applicable .

"Not detected" indicat" that parameter was not found at a level equal to or greater than the RL .

Report shall not be reproduced except in full, without the written approval of Merit Laboratories,

~io/0#4 fX

Violetta F. Murshak

Laborato ry Director

Report ID: $3829$ .01(01)

Generated on 101021200 8

Report to

Attention Jon Mauchmar

AS[ Environmental Tech .

410 East Dowland Street

Ludington, MI 4943 1

Report to ASI Fnvlronmentai Tech . Page 1 of 3 Report ID : 538296.01(01 )

Protect: LMC Ash & Surface H 2 O Generated on 10102/2008
~Merit~

104&'r.~.

Analytical Laboratory Report

Sample Summary (1 samples)

Sample ID Sample Tag Matrix Collected Dateffime

538296 .01 LMC-LSWS-3 Storm Water 0911912008 08:1 2

Report to A& Environmental Tech. Page 2 of 3 Report ID : 538296 . 0 1 (01 )

Project: LMC Ash & Surface H2O Generated on 10/0212008
Analytical Laboratory Report

YAomtolim, roc.

Lab Sample ID : S38296 .0 1

Sample Tag : LMC-i-SWS-3

Collected Date/Time : 09119/2008 08 :1 2

Matrix : Storm Wate r

COC Reference: 5081 2

Sample Container s

# Type Preservative(s) Refrigerated? Arrival Temp, (C) Thermometer It

2 1 L Amber None

1 1 L Plastic None

1 125ml plastic HN03

Analysis Results

Yes

Yea

Yes

units

4 . 5

4 . 5

4 . 5

RL ethod

I R

I R

IR

Run Date/Time nalyst CAS # la

15x1raat

f~ /

-

Mercury Digestion Completed 7470A 09124/08 11 :30 JRT

Metal Digestion Completed 3015A 09126108 12 :00 SLS

PNA Extraction Completed

inorganics

3510C 09126/08 23:15 EMR

Total Suspended Solids 2

Metals

mg/L 1 2540 D 09/24108 16 :00 DJs

Arsenic Not detected mg/L 0.001 200.8 09126/08 14 :43 SLS 7440 .38.2

Barium 0.030 mg/L 0.005 200.8 09126108 14 :43 SLS 7440-39- 3

Cadmium Not detected mg/L 0 .0005 100.8 09/26108 14:43 SLS 7440-43-9

Chromium Not detected mg/l- 0 .005 200.8 09/26/08 14:43 SLS 7440-47-3

Lead Not detected mg/L 0 .003 200 .8 09/26/08 14:43 SLS 7439-92- 1

Mercury Not detected mg/L 0 .0002 245 .1 09/24108 15:03 JRT 7499-97-8

Selenium Not detected mg/L 0 .005 200 .8 09/26108 14 :43 SLS 7782 .49-2

Silver Not detected mg/L 0 .0005 200 .8 09/26108 14 :43 $ L$ 7440-22-4

Organics - Semi-Volatfles

Polynuclear Aromatic Hydrocarbon

Acenaphthene Not detected ug/L 5 8270C 09/30108 13:20 ARH 83 .32.9

Acenaphthylene Not detected ug/L 5 8270C 09/30/08 13:20 ARH 208-96- 8

Anthracene Not detected uglL 5 82700 09130/0813:20 ARH 120-12- 7

Benzo( a)anthra ce ne Not detected ug/L 5 8270C 09/30/08 13:20 ARH 56-55.3

Benzo(a)pyrene Not detected ug/L 5 8270C 09130/08 13:20 ARH 50-32-8

Benzo(b)fiuoranthene Not detected ug/L 5 8270C 09/30108 13:20 ARH 205-99-2

genzo(k)tluoranthene Not detected ug/L 5 8270C 09130108 13:20 ARM 207-08-9

Benzo(ghi)perylene Not detected ug/L 5 82700 09130/08 13:20 ARH 191-24.2

Chrysene Not detected ug/L 5 8270C 09/30/08 13 :20 ARH 218 .01-9

Dlbenzo(ah)anthracene Not detected ug/L 5 8270C 09/30/08 13:20 ARH 53-70-3

Fluoranthene Not detected ug/L 5 82700 09/30/08 13 :20 ARH 20644- 0

Fluorene Not detected ug/L 5 8270C 09/30108 13 :20 ARH 86.73 .7

I nd e n o(1, 2, 3-cd )p yrs n e Not detected uglL 5 8270C 09/30108 13 :20 ARH 193-39-5

Naphthalene Not detected ug/L 5 82700 09/30/08 13 :20 ARH 91-20-3

Phenanthrene Not detected u9/L 5 82700 09/30/08 13 :20 ARH. 85.01-8

Pyrene Not detected. ug/L 5 82700 09/3010813 :20 ARH 129-00-0

2-Methylnaphthalene Not detected ugh- 5 82700 09/3010813 :20 ARM 91-67. 6

1-Methyinaphthalene Not detected ug11- 5 8270C 09/30106 13 :20 ARH 90-12-0

Report to ASI Environmental Tech. Page 3 of 3 Report ID. S38296 .01(01)

Project : LMC Ash 8 Surface H2O Generated on 1 0102/2 0 08
Merit

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ATTACHMENT 2
i , J w cw

B Vesse[Cfitkafftofifi!

Name/ BADGER Primary VIN/ 265156 Call/ WBD 4889 Flag/ US

Alt VIN's Type

265156 Official Number (U .S .)

50335&3 IMCt Number

5300348 ABS Number

---Involved Parties—

Name

UNITED STATES 833031

MWHIGAN:TR,AKS LAKE<': . : 486233

SI-ICSR~

LAKE MICHIGAN CARFERRY

Terminal

ftrMICI ll TREtNS A I€ 44 t Sfax

JAMES ANDERSON

DEAN GLENN HOBBS

LAKE MICHIGAN TRANS-LAKE

SHORTCUT

---Vessel Specifies...

Service/ Passenger (Inspected) Gross Tons(GT ITC)/ Hailing Port/ LUNDINGTON, MI,

Propulsion/ Steam Reciprocating Gross Tons(GRT)/ 4244 Date Keel Laid/

Route/ GG: Great Lakes Deadweight Ton/ 6650 Date Delivered/ 15Dec1953

Ahead HorsePower/ 7000 Length/ 393 .7 (ITC)/ Hull Material/ Stee l

Astern HorsePower/ Super Structure Color/ Hull Color/ Black

Class/ Passenger Ship Type/ Ferry SubType/ General (More Than 6 ,

Gross Tonnage < 100)

---VDS Documents---

Operator (managing),

.

Operator (~ianaWg~,

perator (managing)

4ftoAM

ianaging Owner (Trustee)

Document Activity #

CERTIFICATE OF

DOCUMENTATION

Agency Port Issued

USCG CLEVD 17Jan2007

Expires Status

29Feb2008 VALID

---Certificate/Document Status---

)cument ActivitY# kgency Port Issued Expires Status

LMCF00182

Dept. of Homeland Sec_, USCG (Rev 9-2000)(v2) Page 1 of 9
Jul 6UU !

Document Activity # Agency Port Issued Expires Status

Certificate of 2909379 USCG Marine Safety 1OMay2007 IOMay2008 Issued/Effective

;pection Unit Chicago

.iassification American Houston, Tx 03Nov2003 29Nov200& VALID

Document Bureau of S

Load Line American Houston, TX 15Jan2004 290ct2008 VALID

Certificate Bureau of S

(Coastwise)

Stability Letter., Marine Safety I4Map1964 . VALID

Vessel USCG

Center

MSC 13May2004 13May2009 VALID

Security Plan

Approval

Lette r

Ves§et SECs SC : 3May26k 3MaWy2( ALID

Security Plait .

4

---Hull and Re -inspections---

Internal Structural Next Due Date/

DryDock Next Due Date/ 31Oct2008

Wood Keel Bolt Next Due Date/

---Open Cases---

Total Cases/ 2

1. Case #/ 349380 Orig Port/ SFO GrndHvn Open Dt/ 15May200 7

Title/ M Equipment Failure/BADGER/ Ludington 00 00 .0 S 000 00 .0 W/151418ZMAY07

Activities involved/ 2931307 and 2937021 and 293719 1

Status/ Open - In Progress

Case Description/ M/V Badger notified Station Ludington of machinery failure . The cause of the failure is believed to

be from the Continues blows root valve. The valve released steam from the boiler system and injured the second en (See

Notification Incident Description)

2. Case #/ 348403 Orig Port/ SEC LkMichgn Open DtJ 09May200 7

Title/ M Pollution - Hazardous Material/SS Badger/ Pier Marquette Lake, Ludington MI. /092000ZMAY07

Activities involved/ 2926406 and 293299 1

Status/ Open - In Progress

Case Description/ During a Coast Guard inspection, while activating the sprinkler system the SS Badger spilled some

run off into the lake which created a sheen on the pier Marquette Lake . The sheen consisted of painted asphalt from t (See

Notification Incident Description)

---All Open Activities---

Total Open Activities/ 7

1 . Activity #/ 2970215 Orig Port/ MSU Chicago Owner Port/MSU Chicago Start Dt/ 22Jun2007

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PS C

Activity Subtypes/ ADMIN

Status/ Open - Returned for Revision Date Status Last Changed/ 17Jul2007

LMCF00183

Dept. of Hemeland Sec ., USCG (Rev 9- 27 000)(v2) Page 2 of 9
Notes (Truncated)/ Received inquiry into SS Badger Ash discharge into Lake Michigan from Mr . Stephan Fabian

(Wisconsin DNR environmental crimes) . Mr. Fabian was researching if the vessel was authorized to discharge .

ntacted Mr. Bob Manglitz CEO of Lake Michigan Car ferry (Badger). Also Contacted LCDR Firing D9 M . Per 40

.~R 122.3 vessel is permitted to discharge ash in the waters of the Great Lakes . See

2. Activity #/ 2932991 Orig Port/ SFO GrndHvn Owner Port/ SFO GrndHvn Start Dt/ 17May2007

Role Type/ Acknowledged Pollution Source Activity Type/ Incident Investigatio n

Status/ Open - In Progress Date Status Last Changed/ 17May2007

Notes (Truncated)/

3. Activity #/ 2937191 Orig Port/ SFO GrndHvn Owner Port/ MSU Chicago Start Dt/ 15May2007

Role Type/ Involved in a Marine Casualty Activity Type/ Incident Investigatio n

Status/ Open - In Progress Date Status Last Changed/ 15May2007

Notes (Truncated)/

4. Activity #/ 2833663 Orig Port/ SEC LkMichgn Owner Port/ COMDT 3PCA Start Dt/ 22Sep2006

Role Type/ Involved in a Marine Casualty Activity Type/ Incident Investigatio n

Status/ Open - Submitted for Review Date Status Last Changed/ 28Feb2007

Notes (Truncated)/

5. Activity #/ 2486622 Orig Port/ MSD GrndHvn Owner Port/ MSD GrndHvn Start Dt/ 07Sep2005

Role Type/ Involved in a Marine Investigation (non-casualty) Activity Type/ Enforcemen t

Activity Subtypes/ S& R

Status/ Open - Suspended Date Status Last Changed/ 20Dec2005

Notes (Truncated)/

6. Activity #/ 2486495 Orig Port/ MSD GrndHvn Owner Port/ COMDT 3PCA Start Dt/ 28Aug2005

Role Type/ Involved in a Marine Investigation (non-casualty) Activity Type/ Incident Investigation

Status/ Open - Submitted for Review Date Status Last Changed/ 20Dec2005

Notes (Truncated)/

7. Activity #/ 1900125 Orig Port/ MSD GrndHvn Owner Port/ COMDT 3PCA Start Dt/ 18May2003

Role Type/ Transiting Vicinity of Primary Subject Activity Type/ Incident Investigatio n

Status/ Open - In Progress Date Status Last Changed/ 08Sep2003

Notes (Truncated)/

---All Closed Activities (W/in 18 months)---

Total Closed Activities/ 38

1. Activity #/ 2960236 Orig Port/ MSU Chicago Owner Port/ MSU Chicago Start Dt/ 13Jun2007

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PSC

Activity Subtypes/ ADMIN

Status/ Closed - Approved Inspection Date Status Last Changed/ 13Jun2007

Notes (Truncated)/ Extended CG-835 requirements issued under COI activity per Chief Cart's written request . Items

not extended are complete and pending CG attendance. CW04 Jeff Carie

2. Activity #/ 2931307 Orig Port/ SFO GrndHvn Owner Port/ SFO GrndHvn Start Dt/ 15May2007

Role Type/ Subject to Marine Inspection Activity Type/ Incident Managemen t

Status/ Closed - Agency Action Complete Date Status Last Changed/ 15May200 7

Notes (Truncated)/ M/V Badger notified Station Ludington of machinery failure . The cause of the failure is believed

to be from the Continues blows root valve . The valve released steam from the boiler system and injured the second

engineer. The second engineer recieved medical treatment and back on the vessel . SFO vessel inspectors in rout to

observe repairs to the boiler system .

3. Activity #/ 2937021 Orig Port/ MSU Chicago Owner Port/ MSU Chicago Start Dt/ 15May2007

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PS C

Activity Subtypes/ DAMAGE SURVEY and REPAIRS

Status/ Closed - Approved Inspection Date Status Last Changed/ 22May2007

1,NICF00184

Dept. of Homeland Sec ., USCG (Rev 9-2000)(v2) Page 3 of 9
Notes (Truncated )/ Attended SS Badger in her berth at Ludington, Michigan to conduct a Damage Su rvey after the

Port After Boiler continuous blow down valve experienced a catastrophic failure causing personnel injury to the vessels

pond assist engineer . This attendance was at the request of Sec LM and SFO Grand Haven . Interviews and written

tements were conducted by LT Adams of SFO Grand Haven. Examined co

. . activity #/ 2909379 Orig Port/ MSU Chicago Owner Po rt/ MSU Chicago Start Dt/ 09May2007

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PS C

Activity Subtypes/ CERTIFICATION and MTSA VE R

Status/ Closed - Approved Inspection Date Status Last Changed/ 03Ju12007

Notes (Truncated)/ 17APR2007- Drafted and routed temp . COI CW04 Jeff Carie 02MAY2007- Attended vessel

moored stern to, Ludington Michigan in company of Chief Chuck Cart and Captain Kevin Fitch to begin inspection for

certification. Deck - Initiated inspection, vessel was not in a ready condition as the crew had just come back . Full COI

was scheduled for the following week. Conducted a check of lifesavin

5. Activity #/ 2838331 Orig Port/ SEC LkMichgn Owner Port/ SEC LkMichgn Start Dt/ 11Dec2006

Role Type/ Involved in a Marine Casualty Activity Type/ Enforcemen t

Activity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed/ 28Feb2007

Notes (Truncated)/

6. Activity #/ 2838308 Orig Port/ SEC LkMichgn Owner Port / SEC LkMichgn Start Dt/ 11Dec2006

Role Type/ Involved in a Marine Casualty Activity Type/ Enforcemen t

Activity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed / 28Feb2007

Notes (Truncated)/

7. Activity #/ 2825387 Orig Port/ MSU Chicago Owner Po rt/ MSU Chicago Start Dt/ 20Nov2006

Role Type/ Subject to Ma rine Inspection Activi ty Type/ Vessel Inspection/PSC

Activity Subtypes/ IN SERV INSP

Status/ Closed - Approved Inspection Date Status Last Ch anged/ 14May2007

Notes (Truncated)/ 13 Nov 2006: Attended vessel in attendance of Chief Engineer Chuck Cu rt to conduct 10 year

)iler mounting and waterside inspection . Vessel has four coal fired marine boilers manufactured by Foster-Wheeler

,yompany. Inspected condition of a ll water wall headers, rear wall headers, inspection all seats and mounts, all sat .

Inspected super heater (SH) headers, SH steam feed valves and gask e

8. Activity #/ 2786892 Orig Port/ SEC LkMichgn Owner Port/ SEC LkMichgn Start Dt/ 25Sep2006

Role Type/ Involved in a Marine Casualty Activity Type/ Incident Management

Status/ Closed - Agency Action Complete Date Status Last Changed/ 11Sep2006

Notes (Truncated)/ Manitowoc, WI Harbor Waterway Name : LAKE MICHIGAN S/S BADGER grounded in the

Manitowoc, WI harbor.

9. Activity #/ 2786900 Orig Port/ SEC LkMichgn Owner Port/ COMDT 385 Start Dt/ 11Sep2006

Role Type/Involved in a Marine Casualty Activity Type/ Incident Investigation

Status/ Closed - Agency Action Complete Date Status Last Changed/ 10Jan2007

Notes (Truncated)/

10. Activity #/ 2751880 Orig Port/ MSU Chicago Owner Port/ MSU Chicago Start D t/ 04Aug2006

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PS C

Status/ Closed - Approved Inspection Date Status Last Changed/ 18Aug2006

Notes (Truncated)/ 03AUG2006- Attended vessel in company of Chief Engineer Chuck Cart at vessels berth,

Ludington, Mi. Cleared 4 outstanding requirements, none issued or remain outstanding . This vessel is fit for route and

service on the COI. CW04 Jeff Cari e

11. Activity #/ 2738766 Orig Port/ MSU Chicago Owner Port/ MSU Chicago Start D t/ 03Aug2006

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PSC

Activity Subtypes/ DEFICIENCY CK

Status/ Closed - Approved Inspection Date Status Last Changed/ 21Aug2006

Notes (Truncated)/ 03AUG2006- Attended vessel in company of Chief Engineer Chuck Cart in Ludington Mi .

-feared (4) CG-835 requiements issued during quarterly exam dated 24 JUL2006. No requirements issued, and none

main outstanding. CW04 Jeff Carie

12. Activity #/ 2731765 Orig Port/ SEC Lk.Michgn Owner Port/ SEC LkMichgn Start Dt/ 31Jul2006

LMCF00185

Dept. of Homeland Sec ., USCG (Rev 9-2000)(v2) Page 4 of 9
it

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Activity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed/ 31Jul2006

Notes (Truncated)/ 30 July 06 Sector Lake Michigan conducted a security boarding on the FN Badger. While

underway from Milwaukee WI to Muskegon MI. Loading and unloading of passengers and vehicles where observed . No

discrepancies or deficiencies were noted.

13. Activity #/ 2731683 Orig Port/ SEC LkMichgn Owner Port/ SEC LkMichgn Start Dt/ 30Jul20O6

Role Type/ Subject to Marine Inspection Activity Type/ Boardin g

Activity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed/ 31Jul2006

Notes (Truncated)/ 30 July 06 Sector Lake Michigan conducted a security boarding on the FN Badger. While

underway from Muskegon MI to Milwaukee WI . Loading and unloading of passengers and vehicles where observed . No

discrepancies or deficiencies were noted.

14. Activity #/ 2727390 Orig Port/ SFO GrndHvn Owner Port/ SFO GrndHvn Start Dt/ 28Ju12006

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PS C

Activity Subtypes/ DEFICIENCY C K

Status/ Closed - Agency Action Complete Date Status Last Changed/ 19Apr2007

Notes (Truncated)/ Conducted a deficiency check of the M/V BADGER. 01 deficiency cleared, 00 deficiencies issued,

00 remain outstanding.

15. Activity #/ 2732525 Orig Port/ MSU Chicago Owner Port/ MSU Chicago Start Dt/ 24Ju12006

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PS C

Activity Subtypes/ REINSPECTION

Status/ Closed - Approved Inspection Date Status Last Changed/ OlAug200 6

Notes (Truncated)/ 24JUL2006-Attended vessel in company of Chief Engineer Chuck Cart and Capt . Dean Hobbs to

conduct lst quarterly re-inspection for certification using applicable regulations and CG-840 books. Vessels initial COI

was done in April although of COI issue date is June . Vessel was moored in her berth in Ludington, MI. Examined

ssel logs and training records. Did not conduct fire drill due to ti

Activity #/ 2738743 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 20Ju12006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Status/ Closed - Agency Action Complete Date Status Last Changed/ 07Aug2006

Notes (Truncated)/ no violations

17. Activity #/ 2718916 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 15Ju12006

Role Type/ Subject to Marine Inspection Activity Type/ Boardin g

Activity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed/ 20Ju12006

Notes (Truncated)/ NO VIOLATIONS

18. Activity #/ 2718907 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 15Ju12006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Activity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed/ 20Ju12006

Notes (Truncated)/ NO VIOLATIONS

19. Activity #/ 2710320 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 11Ju12006

Role Type/ Subject to Marine Inspection Activity Type/ Boardin g

Status/ Closed - Agency Action Complete Date Status Last Changed/ 12Ju12006

Notes (Truncated)/

20. Activity #/ 2710310 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 1lJul2006

Role Type/ Subject to Marine Inspection Activity Type/ Boardin g

Status/ Closed - Agency Action Complete Date Status Last Changed/ 12Ju12006

Notes (Truncated)/

21. Activity #/ 2738735 OriS Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 07Jul2006

Role Type/ Subject to Marine Inspection Activity Type/ Boardin g

Status/ Closed - Agency Action Complete Date Status Last Changed/ 07Aug2006

Votes (Truncated)/ no violations

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Dept. of Homeland Sec., USCG (Rev 9-2000)(v2) Page 5 of 9
1

22. Activity #/ 2724018 Orig Port/ SEC LkMichgn Owner Portl SEC Lk?vfichgn Start Dt/ 20Jun2006

Rcle Type/ Subject to Marine Inspection Activity Type/ Boardin g

Activity Subtypes/ SIV

Status/ Closed - Agency Action Complete Date Status Last Changed/ 25Ju1200 6

Notes (Truncated)/ On 08June06 1800 Sector Lake Michigan/Sta . Ludington conducted a security boarding on the F/ V

Badger. Boarding was conducted underway while the vessel was in route to Ludington MI . During the boardin g

passenger embarkation and dembarkation was observed. No suspicious activates were noted. No discrepincies.

23. Activity #/ 2724001 Orig Port/ SEC LkMichgn Owner Port / SEC LkMichgn Start Dt/ 20Jun2006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Activity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed/ 25Jul2006

Notes (Truncated)/ On 20JuneO6 1230 Sector Lake Michigan/Sta Ludington conducted a security boarding on th e

F/VBager. Boarding was conducted underway while the vessel was in route to Manitowoc . During the boarding

passenger embarkation and dembarkation was observed . No suspicious activites were noted . No discrepincies.

24. Activity #/ 2684726 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 19Jun2006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Status/ Closed - Agency Action Complete Date Status Last Changed / 19Jun2006

Notes (Truncated)/

25. Activity #/ 2684721 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 19Jun2006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Status/ Closed - Agency Action Complete Date Status Last Changed/ 19Jun2006

Notes (Truncated)/

26. Activity #/ 2684689 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 17Jun2006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Status/ Closed - Agency Action Complete Date Status Last Changed/ 19Jun2006

Notes (Truncated)/

'. Activity #/ 2684672 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 17Jun2006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Status/ Closed - Agency Action Complete Date Status Last Changed/ 19Jun2006

Notes (Truncated)/

28. Activity #/ 2668256 Orig Port/ SEC LkMichgn Owner Port/ SEC LkMichgn Start Dt/ 30May200 6

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Activity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed/ 02Jun2006

Notes (Truncated)/ 30 May 06 -Sector Lake Michigan Conducted a random security boarding on the F/V Badger .

Boarding was conducted while the vessel was under way from Ludington MI to Manitowoc WI. Security of the vessel

was verified and no suspecious activites were identified. Loading and unloading of passengers and cargo was observed . Boarding complete .

29. Activity #/ 2668244 Orig Port/ SEC LkMichgn Owner Port/ SEC LkMichgn Start Dt/ 29May2006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Activity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed/ 02Jun200 6

Notes (Truncated)/ 29 May 06 -Sector Lake Michigan Conducted a random security boarding on the F/V Badger .

Boarding was conducted while the vessel was under way from Manitowoc WI to Ludington MI . Security of the vesse l

was verified and no suspecious activites were identified . Loading and unloading of passengers and cargo was observed.

Boarding complete .

30. Activity #/ 2659030 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 25May200 6

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Status/ Closed - Agency Action Complete Date Status Last Changed/ 25May2006

Notes (Truncated)/ vsl had no violation s

' . Activity #/ 2659028 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 25May2006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Status/ Closed - Agency Action Complete Date Status Last Changed/ 25May2006

UNICF00187

Dept. of Homeland Sec ., USCG (Rev 9-2000)(v2) Page 6 of 9
Notes (Truncated)/ vsl had no violation s

32. Activity #/2657958 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 15May2006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

tatus/ Closed - Agency Action Complete Date Status Last Changedi 24May2006

Notes (Truncated)/ vsl had no violation

33. Activity #/ 2657966 Orig Port/ STA TwoRvrs Owner Porti STA TwoRvrs Start Dt' 14May2006

Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Status/ Closed - Agency Action Complete Date Status Last Changed/ 24May2006

Notes (Truncated)/ vsl had no violations

34. Activity #/ 2624223 Orig Port/ MSD GrndHvn Owner Port/ SFO GrndHvn Start Dt/ 09May2006

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PSC

Activity Subtypes/ CERTIFICATION and MTSA VE R

Status/ Closed - Approved Inspection Date Status Last Changed/ 30May200 6

Notes (Truncated)/ 13Apr: Met with vsl captain, Dean Hobbs, and first mate, Mike Martin to discuss upcoming COI.

Set up dates in May to conduct deck side of the COI. CWO Jeff Carie (MSU Chicago) will lead engineering inspection

and will coordinate with chief engineer, Chuck Cart. Vessel moored starboard side to at Lake Michigan Carferry facility

in Ludington, MI. Began COI with fire hose check. Vsl's 27 fire

35. Activity #/ 2583042 Orig Port/ MSU Chicago Owner Port/ MSU Chicago Start Dt/ 07Feb2006

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PSC

Activity Subtypes/ REPAIRS

Status/ Closed - Approved Inspection Date Status Last Changed/ I0Feb2006

Notes (Truncated)/ 07FEB2006- Attended vessel layed up at her birth in Ludington, Michigan in company of Chief

Engineer Chuck Can. Examined ongoing repairs (retube of Gen tubes) of the port forward boiler. Examined 10' by 12"

insert made in WTB 79 centerline at the bilge . Examined ongoing repairs to the starboard side frame gussets in the

boilerroom. Examined ongoing repairs to the horizonal runs of the firemai

36. Activity #/ 2506554 Orig Port/ SEC LkMichgn Owner Port/ SEC LkMichgn Start Dt/ 28Sep2005

- Role Type/ Subject to Marine Inspection Activity Type/ Boarding

-kctivity Subtypes/

Status/ Closed - Agency Action Complete Date Status Last Changed/ 04Apr2006

Notes (Truncated)/ Members rode ferry across lake as a random PCM.

37. Activity #/ 1950215 Orig Port/ CG MSC Owner Port/ CG MSC Start Dt/ 240ct2003

Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PSC

Activity Subtypes/

Status/ Closed - Security Plan Approved by MSC Date Status Last Changed/ 25Jan2006

Notes (Truncated)/

38. Activity #/ 1690539 Orig Port/ MSD GrndHvn Owner Port/ COMDT 385 Start Dt/ 160ct2002

Role Type/ Involved in a Marine Investigation (non-casualty) Activity Type/ Incident Investigation

Status/ Closed - Agency Action Complete Date Status Last Changed/ 29Sep200 6

Notes (Truncated)/

---Hazardous Cargo Authority---

Vessel is NOT Authorized to carry Hazardous Cargo

---Special Notes---

1 . Activity #/2970215 Last Revised/ 22Jun2007 Unit/ MSU Chicago

fl Description/ nder current regulations, Vessel may discharge ASH in the waters of the Great Lakes under Title 40,

de of Federal Regulations part 122.3. ****SEE 1141SLE ACTIVITY 2970215 AND SUPPORTING DOCUMENTS

< DETAILS

2. Activity #/ 2936943 Last Revised/ 22May2007 Unit/ CG vfSC

LMCF00188

lj)m_- iand S_-C' CSCG R~_-v 9-20004v2) Pale 749
Description/ BADGER has been added to the VSP Received security plan .

3. Activity #/ Last Revised/ 04Dec2006 Unit/ MSU Chicago

Description/ DUE TO DESIGN OF MAIN STEAM STOP VALVES, WHICH ARE STAMPED AS 400 POUND

ALVES BUT RATED TO 500, BOILERS MAY NOT BE OPERATED ABOVE 700 DEG F . STEAM TEMP . See

MISLE Activity number 2875387 for details.

4. Activity #/ Last Revised/ 12Jun2006 Unit/ SEC LkMichgn

Description/ S/S BADGER discharges flyash during each transit. Occasionally, this is reported as pollution. The flyash

is the byproduct of burning coal and has been deemed non-hazardous. Per 40CFR122 .3, no EPA permit is required to

dump effluent from a properly running engine.

5. Activity #/ 2624223 Last Revised/ 04May2006 Unit/ MSU Chicago

Description/ Vessel requires cold and hot plant inspections to test all safeties each sp ring.

6. Activity #/ 2502454 Last Revised/ 050ct2005 Unit/ MSU Chicago

Description/ Check all smoke detectors in passenger berths at each attendance for tampe ring and proper operation .

Detectors have been found inoperative on multiple visits. If problem presists, Require hard wiring of detectors to mitigate

problem.

7. Activity #/ Last Revised/ 23Jun2004 Unit/ MSD GrndHvn

Description/ Vsl lifeboats shall contain each of the following equip (46 CFR 199.620(j)): 1 bailer, 1 boat hook, 1

bucket, 6 handheld flares, 4 parachute flares, 1 flashlight, 2 hatchets, oars, 2 painters, 1 sea anchor, & 1 lifeline . The

following exemption applies due to the construction design of the lifeboats (non-motorized) : Hire extinquisher, ladder,

searchlight, survival instructions, & tool kit.

---Outstanding Deficiencies---

1. Activity #/ 2937021 Issue Date/ 15May2007 Issue Port/ MSU Chicago

Resolution/ To the satisfaction of the attending Coast Guard Marine Inspector Due/ 04/01/2008

System/ Engineering Subsystem/

Condition/ Bursted

Deficiency Cause/ Damaged By Earlier Even t

Deficiency Description/ Effect repairs to the continous blowdown valve on the after port boiler valve to the satisfaction

of the attending marine inspector.

2. Activity #/ 2909379 Issue Date/ 09May2007 Issue Port/ MSU Chicago

Resolution/ To the satisfaction of the attending Coast Guard Marine Inspector Due/ 06/10/2007

System/ Engineering Subsystem/

Condition/

Deficiency Cause/

Deficiency Description/ Repair or replace diesel line cut-off valve in overhead for the emergency generator.

3. Activity #/ 2909379 Issue Date/ 09May2007 Issue Port/ MSU Chicago

Resolution/ To the satisfaction of the attending Coast Guard Marine Inspector Due/ 06/10/2007

System/ Fire Fighting Subsystem/

Condition/

Deficiency Cause/

Deficiency Description/ Replace The cover for Fire Station #2.

4. Activity #/ 2909379 Issue Date/ 09May2007 Issue Port/ MSU Chicago

Resolution/ To the satisfaction of the attending Coast Guard Marine Inspector Due/ 06/10/2007

System/ Lifesaving Subsystem/

Condition/

Deficiency Cause/

Deficiency Description/ Repair #1 lifeboat port handrail .

5. Activity #/ 2909379 Issue Date/ 09May2007 Issue Port/ MSU Chicago

Resolution/ To the satisfaction of the attending Coast Guard Marine Inspector Due/ 06/10/2007

System/ Accommodation/Occupational Safety Subsystem/

Condition/

Dept. of Homeland Sec ., USCG (Rev 9-2000)(v2) Page 8 of 9

LVICF00189
Deficiency Cause/

Deficiency Description/ Replace stbd ladder ivo of lifeboat #5 platform .

Activity #/ 2909379 Issue Date/ 09May2007 Issue Port/ MSU Chicag o

Resolution/ To the satisfaction of the attending Coast Guard Marine Inspector Due/ 06/10/2007

System/ Fire Fighting Subsystem/

Condition/

Deficiency Cause/ Unknow n

Deficiency Description/ Effect perminent repairs in way of the Starboard Boat deck Pipe Chase .

---Marine Violation Summary---

---Casualty Summary---

Since/ 17Ju1200 2

1 . Activity #/ 2937191 Port/ SFO GrndHvn Start Date/ 15May2007

Location/

2. Activity #/ 2833663 Port/ SEC LkMichgn Start Date/ 22Sep2006

Location/

3. Activity #/ 2786900 Port/ SEC LkMichgn Start Date/ 11Sep2006

Location/

***END***

LNICF00190

Dept. of Homeland Sec ., USCG (Rev 9-2000)(v2) Page 9 of 9