# 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 EMAI

L October 10, 200 8 

## Water Docke t U .S . Environmental Protection Agency Mailcode 4101 T 1200 Pennsylvania Avenue, N .W . Washington, D .C . 2046 0 Submitted by email at o w-docket@epa .go v 

## 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 tt ed 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 an d 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 comp ri sed 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 fr om the NPDES requirements for effluent fr om properly functioning ma ri ne engines and for incidental discharges from normal vessel operations . The purpose of this comment is to provide the Agency with information that (a) specifically supp o rt s a determination that boiler effluent fr om coal-fired m ari ne engines on steamships is included in the currently proposed VGP ; (b) alt e rn atively supp o rt s an amendment to the VGP to expressly include boiler effluent as a separate stream to the extent necessary ; an d (c) provides the approp ri ate effluent standard for boiler effluent from coal-fired mari ne engines . As always, LMC is commi tt ed to assuri ng compliance with the law and being a n I The prefix "S .S ." is a sho rt form for steamship . 2 Effluent is defined as waste m ix ed with water . See 

### 33 U .S .C . § 1362( 11) (2006) . Boiler effluent is w as te, in this case ash, fr om the boiler mixed with water . Bar ry M . Ha rt man 202 .778 .9338 202 .778 .9100 fax barrv .ha rt man c k loates .co m

## 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 cla ri fication 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 cla ri fication soon that it will be permi tt ed 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 f r om coal-fired ma ri ne engines is within the VGP and subject to best management practices outlined in the proposed VGP and this comment, will provide the ce rt ainty needed for the Badger to plan on operating next season . 

## I . About Steamships and the Badge r 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 .

## Water Docket

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)

## Water Docket

October 10, 2008 Page 4 IL The Propulsion System on the Badge r 

## 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 Footprin t 

## 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 an d to operate flue dampers to maintain constant pressure . LMC also installed Duff

- No rt on 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 approp ri ate 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 fr om 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 Page 9 "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 Permi t 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

## Water Docket

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 simila ri ties of these streams for purposes of the CWA - they all involve boiler effluent from a steamship - it would be approp ri ate to cla ri fy the scope of this stream by desc ri bing 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 Effluen t 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 13Owners 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 theash 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 desc ri bed 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 Conclusio n 

## 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 . Hartma n 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 -0 855 - Fax 515-382-388 5 w ww .mvtl .co m 

### FINAL ANALYSIS REPOR T 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 As h James Anderso n Lake Michigan Carferry PO Box 70 8 Ludington MI 4943 1 SW846 Method 1311 E M R E M



### Analyt e ===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 TCL P TCLP p H TCLP Semi-Volatiles TCLP VOC Result Action Level Date Analyze d = a= .====nsa - acs==sass==a a 100 

### wt V N/A 11/ 9/0 6 100 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 11/16/0 6 < 0 .5 mg/kg mg/1 11/10/0 6 336 .0 mg/kg mg/1 11/10/0 6 < 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/ 1/0 6 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 guara ntee 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 R t 35 W . Lincoln Way - Nevada, IA 50201 - 800-362-0855 - Fax 515-382-388 5 w ww .mvtl .co m 

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

ri 

### tion Fl A S l D h

p : y amp e esc s Analyte Result Action Level Date Analyze d = aaaaesassa = : a=====___ a s a= x a s a a a a a a a =xaaaagamaesaa aaa :>•sassaaam a 

### 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 11/28/0 6 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 11/16/0 6 Nickel TCLP 0 .21 mg/l mg/l 11/28/0 6 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 11/27/0 6 TCLP pH 5 .01 units N/A 11/ 9/0 6 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 porsaib le 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 R t 35 W . Lincoln Way - Nevada, IA 50201 - 800-362-0855 - Fax 515-382-388 5 w ww .mvtl .co m Page : 1 Of 2



### Report Date : 1 Dec 06 Lab Number : 06-T14 4 JAMES ANDERSON LAKE MICHIGAN CARFERRY Work Order : 81-1272 PO BOX 708 Account # : LUDINGTON MI 49431 Sample Matrix : TCL P 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 Dat e 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 gua ra 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 fi dential property of clients . and authorization for publication of statements, conclusions or extracts from or regarding our reports is rese rv ed pending our wri tt en app ro val .

# 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 w ww .mvtl .co m Page : 2 of 2



### Report Date : 1 Dec 0 6 JAMES ANDERSON LAKE MICHIGAN CARFERRY Lab Number : 06-T14 4 Work Order # :81-127 2 PO BOX 708 Account # : LUDINGTON MI 49431 Sample Matrix : TCL P 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 Analyze d .-=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 11/27/0 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 11/27/0 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 11/28/0 6 entachlorophenol * 

### 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 11/28/06 * 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 ti cular 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 p ro tection to clients, the public and ou rs elves, all repo rt s are submitted as the con fid ential prope rty of clients, and authorization for public at ion of statements, conclusions or ext ra cts from or regarding our reports is rese rv ed pending ow w ri 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 f i 35 W . Lincoln Way - Nevada, 1A 50201 - 800-362-0855 - Fax 515-382-388 5 w ww .mvtl .co m 

### 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 : TCL P 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 Dat e CAS # Result RL Reference Analyzed Analys t 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 : 02 2 M VTL guarant e es the accuracy of the analysis dote on the sample submitted for luting . It is not possible for MVTL to guarantee that a t e st result o b ta ined 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 submit te d as the co n fi dential 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 P t 35 W . Lincoln Way - Nevada, IA 50201 - 800-362-0855 - Fax 515-382-388 5 w ww .mvti .co m 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 : TCL P 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 Analyze d sa=======x===aassaaaaa = aaaaar ¢ ---ec se 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 11/27/0 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 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 ra ntees the accuracy of the analysis done on the sample submi tt ed for testing . It is not possible for M VTL no gua ra ntee theta test result obtained on a pa rt icul ar sample 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 autho ri zation for publication of statements, cond . . . . . . or ext ra cts from or regarding our reports is reserved pending our w ritt en approval .
. . N- IT A . ,lD0rl0TT -- --I-

# < Tde_ri 

# tA\I Analytical Laboratory Repor t

Report ID : 537981 .01(01) Generated on 09/041200 8 Report to Report produced by Attention : Dave Warner Merit Laboratorie s 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
Repo rt Summa ry Lab Sample ID(s) : 53708i .01-S37981 .02 Project : Lake MI Carferr y Collected Date : 08/13/200 8 Submi t t ed Date /Time : 09/02/2008 10 :15 Sampled by, Bob Manglit z P .O . # :

Repo rt Note s Results relate only to it ems 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 . Repo rt shag not be reproduced except in full, without the wri tt en approval of Merit Laboratories . 

# 4 1/ 

# > Viole tt a F . Murshak Laboratory Directo r
Report to ASI Environmental Tech . Page 1 of 8 Repo rt ID : 537981,01(01 ) Project : Lake MI Carferry Generated on 09/04/2008

## Analytical Laboratory Repor t 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 1 200 8

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 Repor t Lab Sample ID : 537981 .01 Sample Tag : LMC Bottom Ash Collected Date/Time : 0811312008 Matrix : Soli d COO Reference : 04309 4 Sample Container s # Typ e 1 Plas ti c Bag Prese rv a ti ve(s ) None Refrigerated ? Yes Arrival Tem p . (C) Thermome ter #

n/a n/a Analysis Results Units ROL Method Run Date/Time Analyst Limits Flag s Extrac6on 1 prop. Mercury Digestion Completed 7470A 09104/08 11 :00 JR T Metal Digestion Completed M15A 09/04108 12 :00 SL S 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 1 08 16 :00 WAR H Final Volume mL 800 1311 09/02108 16,00 WAR H TCLP Extraction Fluid 1 1311 041 02108 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 Sul fi de Not detected mg/kg 5 90308 09103108 09 :40 JDP H Total Solids 100 % 1 Std M 2540 B 09102108 11 ;45 DJ s metal s 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-Volafifs s TCLP Semi Volatita s a-Cresol Not detected u 9 1 1- 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 dete ct ed ug/L 90 8270C 09104/08 12 :25 ARH 130 R Hexachlo ro butadiene 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 ro benzene Not detected ug/L 100 82700 09104108 12 :25 ARH 2,000 R H-Sample submitted and run outside of holding time R-Preliminary resul t Report to ASI Environmental Tech . Page 3 of 6 Report ID : 537981 -0 1(01 ) Project ; lake MI Carferry Generated on 09104/200 8

# <Merit ~ Ya bavuvf t nc . 

## Analytical Laboratory Repor t Lab Sample ID : $37981 .01 (continued ) Sample Tag : LMC Bottom As h Analysis Results Units RDL Method Run Date/Time Analyst Limits Flag s Organics - Semi- Volatiles (continued ) TCLP Semi Volatiles (continued ) Pyridine Not detected ug1L 100 8270C 09/04108 12 :26 ARH 5,000 R Organics - Volatile s TCLP Volatile s Benzene Not detected ug/L 100 82608 09/03/08 19 :49 JGH 500 H Carbon tetrachloride Not detected ug/L 100 82608 09/0 3 1 08 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 9 1 0 3 1 08 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 3 1 08 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 09/0 3 1 08 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 submi tt ed and run outside of holding tim e

Repo rt to ASI Envi ro nmental Tech, Page 4 of 6 Repo rt ID : S37'981 .01(01 ) Project : Lake MI Carferry Generated on 09/04/2008

# < Merit~ Analytical Laboratory Repor t

Lab Sample ID : $37081 .02 Sample Tog : LMC Fly Ash Collected Datelrime ; 0811312008 Matrix : Soli d COC Reference : 04309 4 Sample Container s # Type Preservative( s) Refrigerated? Arrival Temp . (C) Thermometer # 1 Plastic Bag None Yes n/a nl a Analysis Results Units RDL Method Run Date/Time Analyst Limits Flag s 

### Extraction /Prop

. Mercury Digestion Completed 7470A 09104108 11 :00 JR T Metal Digestion Completed 3015A 09104/08 12 :00 SL S TCLP Zero Headspa ce Ext . Completed 1311 09/02/08 14 :44 WAR H TCLP/SPLP BNA Extraction Completed 35100 09103108 23 :44 EMIR H TCLP Extractio n Inital Sample pH 9 .17 1311 09/02/0816,00 WAR H pH after 3 .5 ml MCI 2 .23 1311 091021 08 16 :00 WAR H % Solids 100 1311 09/02/08 16 :00 WAR H Sample Used g 40 1311 09 1 02/08 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 JK B 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 WA R 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 DJ S Metal s Arsenic, TCLP Not detected mg/L 0 .01 6020 09104108 13 :22 SLS 5 . 0 Ba ri um, 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 SL S 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 SL S 

### Organics - semi-Volatile s TCLP Semi Volatile s 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-Prelimina ry resul t Repo rt to ASI Environmental Tech . Page 5 of 6 Report ID : S37981 .01(01 ) Project : Lake MI Carferry Generated on 09104/200 8

# ~Merit~ Analytical Laboratory Repor t

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 Volatile s 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 tim e

Report to ASI Environmental Tech . Page 6 of 6 Report ID : $37981 .01(01) Project : Lake MI Carfeny Generated on 09104/200 8

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# M erit~ Analytical Laboratory Repor t

Report ID, S38297 .01(01) Generated on 09/30/200 8 Re ort t o 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 .co m _Report Summa ry Lab Sample 10(s) : $38287 .01 Project LMC Coal Ash Collected Date : 09 1 18 1 200 8 Submitted Date/Time ; 09/24/2008 08,00 Sampled by! Charles Ca rt P .O . # .

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 full, without the written approval of Merit Laboratories . 

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Repo rt to ASI Environmental Tech . Page i of 3 Repo rt ID- S38297 .01(01) Project : LMC Coal Ash Generated on 09/30/200 8 Report produced by Merit Laboratorie s 2680 East Lansing Drive East Lansing, MI 4882 3 Phone : (617)$32-0-167 FAX : (517) 332-6333

# < Merit~ Analytical Laboratory Report r~tm~m~, t»~ . Sample Summa ry (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

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## Analytical Laboratory Repor t Lab Sample ID : 538297 .01 Sample Tag ; LMC Coal As h Collected D ateh'ime ; 09/1812008 21 :30 Matrix : As h COC Reference : 5081 1 Sample Container s # Type Prese vative(s) Refrigerated? Arrival Temp . (C) _ Thermometer # 2 32oz Glas s Analysis r None Results Ye s 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 EM R Inorganic s pH 8182 STD Units 0 .1 9046D 09122108 16 :53 WA R Metal s 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/atlle s 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 09 1 30 1 200 8T 

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# Merit Analytical Laboratory 

# Report Supplemental Repo rt

~ lso .wwriw, rnC . Report IQ : 538249,01(02) Generated on 09/291200 8 Replaces report &36249 . 01(01) generated on 491261200 8 Report t o Atten ti on : Dave Warner ASI Environmental Tech . 4101 East Dowiand Street Ludington, MI 4943 1 Phone : 23-1-845-0371 FAX : 231-845-0420 E mail : davewamer@asienvironmental .co m Repo rt produced b y Merit l-aboratone s 2680 East Lansing Drive East Lansing, MI 4882 3 Phone : (517) 332 - 0167 FAX : (517) 332-633 3
Report Summar y 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 Mauchma r 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 !, d

a Violetta F . Murshak Laboratory Directo r Report to ASI Environmental Tech . Page 1 of 4 Report ID : 538249 .01(02 ) Project : LMC Ash & Surface H2O Generated on 09 1 29/2008

## Analytical Laboratory Report Supplemental Repor t

Sample Summa ry (2 samples ) Sample ID Sample Tag Matrix r Collected 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 Repo rt ID : 538249 .01(02 ) Project : LMC Ash & Surface H2O Generated on 0 8 1 2 9 1 200 8

# ~Merit~ Analytical Laboratory Report Supplemental Report
ra lmnuorica, l .i a Lab Sample ID : 538249 .0 1 Sample Tag ; LMC-LSWS- 1 Collacted Date/Time ; 09/17/2008 08 :0 7 Matrix : Surface Wate r COC Reference : 5081 3 Sample Container s # Type Prese rv alive(s) efrigerate d? rrival T emp . (C) hermo meter # 2 1 L Amber Non e 1 1 L Plastic Non e 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 # Flag s Edractlon / Prep . Mercury Digestion Completed 7470A 09 1 23/ 08 10 :30 JR T Metal Digestion Completed 3015A 09/26/08 12 ;00 SL S PNA Extraction Completed 35100 09/22108 21 .02 EMI R Inorganic s Total Suspended Solids 1 mg/L 1 2540 D 09/19 /08 17 :00 DJ S Metal s Arsenic Not detected mg/L 0 .001 200 .8 09126108 13 :55 SLS 7440 .38 . 2 Ba ri um 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 09 1 26/08 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 09/26 1 08 13 :55 SLS 7439-92- 1 Mercury Not detected mgiL 0 .0002 245 .1 09 1 23/08 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-Voletile s 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 09/23 1 08 21 ;23 ARH 208-96- 8 Anthracene Not detected ug/L 5 8270C 09 1 23108 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 ct ed 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 09 1 23/08 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 09/23 1 08 21 :23 ARH 208-44 . 0 Fluorene Not detected ug/L 5 82700 09 1 23/08 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 09/23 1 08 21 :23 ARH 91-20 . 3 Phenanthrene Not detected ug/L 5 8270C 09 1 23/08 21 :23 ARH 85-01- 8 Pyrene Not detected ug/L 5 8270C 09 1 23/06 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 09/29 1 200 8

## ~M~ I Analytical Laboratory Rep 

# ort Supplemental Report[abOm~oric4 ]ucLab Sample ID : S38249 .0 2 Sample Tag : LMC-LSWS- 2 Collected Date/Time : 09/1812008 081 5 Matrix : Surface Wate r COC Reference ; 5081 3 Sample Container s # Type Preservative(5) Refrigerated? Arrival Temp . (C) Thermometer # 2 11- Amber Non e 1 1 L Plastic Non e 1 125m1 Ptaetic HN0 3 Analysis

____ Results Ye s Ye s Ye s Units 4 . 1

4 . 1 4 . 1 RDL ethod I R

I R IR Run Date/Tims nalyst CAS # _ Flag s ;Extraction /Prop. Mercu ry Diges ti on Co mpleted 7470A 09/2310810 :30 JR T Metal Digestion Completed 3015A 0912610812 :00 SL S PNA Extraction Completed 35100 09/22/08 21 :02 EM R Inorganic s Total Suspended Solids 6 mg/L 1 2540 D 09119/08 17 :00 DJ s Metal s 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-Volatile a 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

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## Analytical Laboratory Report
deport produced by Merit Laboratorie s 2680 East Lansing Drive East Lansing, MI 4882 3 Phone : (517) 332 -0167 FAX : (511) 332-633 3 Phone : 231-845 -0371 FAX : 231-845-0426 E mail : jonathanmauchmar @ asienvironmentai .co m Report Summar y Lab Sample ID(s) : $38296,01 Project : LMC Ash & Surface H2O Collected Date : 09/19/200 8 Submitted Daterfime : 09/24/2008 08 :00 Sampled by : Jonathan Mauchma r P .O . # :

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" 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 , 

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# 0#4 f X Violetta F . Murshak Laborato ry Directo r Report ID : $3829$ .01(01) Generated on 1010 2 1200 8 Report t o 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 10 1 02/2008

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# 104&'r . Analytical Laboratory Repor t Sample Summary (1 samples ) Sample ID Sample Tag Matrix Collected Dateffim e 538296 .01 LMC-LSWS- 3 Storm Water 0911912008 08 :1 2

Repo rt to A& Environmental Tech . Page 2 of 3 Report ID : 538296 . 0 1 (01 ) Project : LMC Ash & Surface H2O Generated on 10/02 1 2008

## Analytical Laboratory Repor t 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 I t 2 1 L Amber Non e 1 1 L Plastic Non e 1 125ml plastic HN0 3 Analysis Results Ye s Ye a Ye s units 4 . 5

4 . 5 4 . 5 RL ethod I R

I R IR Run Date/Time nalyst CAS # l a 15x1raat f~ /

- Mercury Digestion Completed 7470A 09124/08 11 :30 JR T Metal Digestion Completed 3015A 09126108 12 :00 SL S PNA Extraction Complete d inorganics 3510C 09126/08 23 :15 EM R Total Suspended Solids 2 Metals mg/L 1 2540 D 09/24108 16 :00 DJ s 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 

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### 7440-22- 4 Organics - Semi -Volatfle s Polynucle ar Aromatic Hydrocarbo n 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 0 8

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# Vesse[Cfitkafftofifi !
Name/ BADGER Primary VIN/ 265156 Call/ WBD 4889 Flag/ U S Alt VIN's Typ e 265156 Official Number (U .S .) 50335&3 IMCt Number 5300348 ABS Numbe r 

# ---Involved Parties

— Nam e 

## UNITED STATES 83303 1 MWHIGAN :TR,AKS LAKE<' : . : 48623 3 SI-ICSR ~ LAKE MICHIGAN CARFERRY Termina l 

# r MICI ll TREtNS A I€ 44 t Sfax 

# f t JAMES ANDERSO N DEAN GLENN HOBB S LAKE MICHIGAN TRANS-LAKE SHORTCU T 

# ---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/ 15Dec195 3 Ahead HorsePower/ 7000 Length/ 393 .7 (ITC)/ Hu ll Mate ri al/ Stee l Astern HorsePower/ Super Structure Color/ Hull Color/ Blac k Class/ Passenger Ship Type/ Ferry SubType/ General (More Than 6 , Gross Tonnage < 100) 

# ---VDS Documents--- Operator (managing), . Operator 

## (~ianaW g~, perator (managing) 

# 4ftoA M ianaging Owner (Trustee )

Document Activity # CERTIFICATE OF DOCUMENTATION Agency Port Issue d USCG CLEVD 17Jan2007 Expires Statu s 29Feb2008 VALI D ---Certificate/ Document Status--- )cument Activ itY# kgency Port Issued 

## Expires Statu s LMCF0018 2 Dept . of Homeland Sec_, USCG (Rev 9-2000)(v2) Page 1 of 9Jul 6UU ! 

## Document Activity # Agency 

## Port Issued Expires 

## Statu s Certificate of 2909379 USCG Marine Safety 1OMay2007 IOMay2008 Issued /Effectiv e ;pection Unit Chicag o .iassification American Houston, Tx 03Nov2003 29Nov200& VALI D Document Bure au of S Load Line Ame ri can Houston, TX 15Jan2004 290ct2008 VALI D Certificate Bureau of S (Coastwise ) Stability Letter ., Marine Safety I4Map1964 . VALI D Vessel USCG Cente r MSC 13May2004 13May2009 VALI D Security Pla n Approval Lette r Ves§et SECs SC : 3May26k 3MaWy2( ALI D 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 Progres s 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 Progres s 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/ ADMI N Status/ Open - Returned for Revision Date Status Last Changed / 17Jul2007 LMCF0018 3 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 . Se e 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/ 20Dec200 5 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/ 3 8 1. Activity #/ 2960236 Orig Port/ MSU Chicago Owner Port/ MSU Chicago Start Dt/ 13Jun2007 Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PS C Activity Subtypes/ ADM I N 

## Status/ Closed - Approved Inspection Date Status Last Changed/ 13Jun200 7 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 Cari e 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 REPAIR S Status/ Closed - Approved Inspection Date Status Last Changed/ 22May2007 1,NICF0018 4 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 rv ey after the Port After Boiler continuous blow down valve experienced a catastrophic failure causing personnel injury to the vessel s pond assist engineer . This attendance was at the request of Sec LM and SFO Grand Haven . Inte rv iews and written tements were conducted by LT Adams of SFO Grand Haven . Examined c o
. . 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 / 03Ju1200 7 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 ce rtification . 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 lifesavi n 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 Activi ty 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 Ma ri ne Casualty Activi ty Type/ Enforcemen t Activity Subtypes / Status/ Closed - Agency Action Complete Date Status Last Changed / 28Feb2007 Notes (Truncated) / 7. Activity #/ 2825387 O ri g Port/ MSU Chicago Owner Po rt/ MSU Chicago Sta rt Dt/ 20Nov2006 Role Type / Subject to Ma ri ne Inspection Activi ty Type/ Vessel Inspection/PS C Activity Subtypes / IN SERV INS P Status/ Closed - Approved Inspection Date Status Last Ch an ged/ 14May200 7 Notes (Truncated )/ 13 Nov 2006 : A tt ended 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 m an ufactured by Foster - Wheeler ,yomp an y . Inspected condition of a ll water wa ll 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 Por t/ SEC LkMichgn Owner Port / SEC LkMichgn Start Dt / 25Sep2006 Role Type / Involved in a Marine Casual ty Activi ty Type / Incident M an agemen t Status/ Closed - Agency Action Complete Date Status Last Changed / 11Sep200 6 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 Sta rt Dt/ 11Sep2006 Role Type / Involved in a Marine Casual ty Activity Type / Incident Investigatio n Status/ Closed - Agency Action Complete Date Status Last Ch an ged/ 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 / 18Aug200 6 Notes (Truncated )/ 03AUG2006- Attended vessel in comp an y of Chief Engineer Chuck Ca rt 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 Por t/ MSU Chicago Start D t/ 03Aug2006 Role Type / Subject to Ma ri ne Inspection Activity Type/ Vessel Inspection/PS C Activity Subtypes / DEFICIENCY C K Status / Closed - Approved Inspection Date Status Last Changed / 21Aug200 6 Notes (T ru ncated )/ 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, an d none main outstanding . CW04 Jeff Cari e 12. Activity #/ 2731765 Orig Port/ SEC Lk . Michgn Owner Por t/ SEC LkMichgn Start Dt / 31Jul2006 LMCF0018 5 Dept . of Homeland Sec ., USCG (Rev 9-2000)(v2) Page 4 of 9it 

## Role Type/ Subject to Marine Inspection Activity Type/ Boarding

Activity Subtypes / Status/ Closed - Agency Action Complete Date Status Last Changed/ 31Jul200 6 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/ 31Jul200 6 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/ 19Apr200 7 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/ REINSPECTIO N 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 . Examine d ssel logs and training records . Did not conduct fire drill due to t i Activity #/ 2738743 Orig Port/ STA TwoRvrs Owner Port/ STA TwoRvrs Start Dt/ 20Ju12006 Role Type/ Subject to Marine Inspection Activity Type/ Boardin g Status / Closed - Agency Action Complete Date Status Last Changed/ 07Aug2006 Notes (Truncated)/ no violation s 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 VIOLATION S 18. Activity #/ 2718907 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 VIOLATION S 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 LMCF0018 6 Dept . of Homeland Sec ., USCG (Rev 9-2000)(v2) Page 5 of 91 

## 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/ SI V 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 / 20Jun200 6 Role Type / Subject to Marine Inspection Activity Type/ Boarding Activity Subtypes / Status/ Closed - Agency Action Complete Date Status Last Changed/ 25Jul200 6 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 boardin g 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/ 19Jun200 6 Role Type/ Subject to Ma ri ne Inspection Activity Type/ Boardin g 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/ 19Jun200 6 Role Type/ Subject to Marine Inspection Activity Type/ Boardin g Status/ Closed - Agency Action Complete Date Status Last Ch an ged/ 19Jun2006 Notes (Truncated) / 26. Activity #/ 2684689 Orig Port/ STA TwoRvrs Owner Port / STA TwoRvrs Start Dt/ 17Jun200 6 Role Type/ Subject to Marine Inspection Activity Type/ Boardin g Status/ Closed - Agency Action Complete Date Status Last Ch 

## an ged / 

## 19Jun2006 Notes (Truncated) / ' . Activity #/ 2684672 Orig Port / STA TwoRvrs Owner Port / STA TwoRvrs Start Dt/ 17Jun2006 Role Type/ Subject to Marine Inspection Activity Type / Boardin g Status/ Closed - Agency Action Complete Date Status Last Ch an ged/ 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/ 02Jun200 6 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 a n d no suspecious activites were identi f i ed . Loading an d unloading of passengers and cargo was observed . Boarding complete . 29. Activity #/ 2668244 Orig Port/ SEC LkMichgn Owner Port/ SEC LkMichgn Start Dt/ 29May200 6 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/ Boardin g 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/ Boardin g Status/ Closed - Agency Action Complete Date Status Last Changed / 25May2006 UNICF0018 7 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/ Boardin g tatus/ Closed - Agency Action Complete Date Status Last Changedi 24May2006 Notes (Truncated)/ vsl had no violatio n 33. Activity #/ 2657966 Orig Port/ STA TwoRvrs Owner Porti STA TwoRvrs Start Dt' 14May2006 Role Type/ Subject to Marine Inspection Activity Type/ Boardin g Status/ Closed - Agency Action Complete Date Status Last Changed/ 24May2006 Notes (Truncated)/ vsl had no violation s 34. Activity #/ 2624223 Orig Port/ MSD GrndHvn Owner Port/ SFO GrndHvn Start Dt/ 09May2006 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/ 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 fir e 35. Activity #/ 2583042 Orig Port/ MSU Chicago Owner Port/ MSU Chicago Start Dt/ 07Feb2006 Role Type/ Subject to Marine Inspection Activity Type/ Vessel Inspection/PS C Activity Subtypes/ REPAIR S Status / Closed - Approved Inspection Date Status Last Changed / I0Feb200 6 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 firema i 36. Activity #/ 2506554 Orig Port/ SEC LkMichgn Owner Port/ SEC LkMichgn Start Dt/ 28Sep2005 - Role Type/ Subject to Marine Inspection Activity Type/ Boardin g -kctivity Subtypes / Status/ Closed - Agency Action Complete Date Status Last Changed / 04Apr2006 Notes (Truncated)/ Members rode ferry across lake as a r an dom 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/PS C 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 Haz ar dous Carg o



# ---Special Notes--- 1 . Activity #/2970215 Last Revised/ 22Jun2007 Unit/ MSU Chicag o 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 DOCUMENT S < DETAIL S 2 . Activity #/ 2936943 Last Revised / 22May2007 Unit/ CG vfSC LMCF0018 8

lj) m _- iand S_-C' CSCG R~_-v 9-20004v2) Pale 74 9

## Description/ BADGER has been added to the VSP Received security plan .

3. Activity #/ Last Revised / 04Dec2006 Unit/ MSU Chicag o 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 LkMichg n Description/ S/S BADGER discharges flyash du ri ng each transit . Occasionally, this is reported as pollution . The flyash is the byproduct of bu rn ing coal an d has been deemed non-hazardous . Per 40CFR122 .3, no EPA permit is required to dump ef fl uent 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 ri ng . 6. Activity #/ 2502454 Last Revised / 050ct2005 Unit/ MSU Chicag o Description / Check all smoke detectors in passenger berths at each attendance for tampe ri ng 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 GrndHv n 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 inst ru ctions, & tool kit . 

## ---Outstanding Deficiencies--- 1. Activity #/ 2937021 Issue Date/ 15May2007 Issue Port/ MSU Chicag o Resolution/ To the satisfaction of the attending Coast Guard Marine Inspector Due/ 04/01/2008 System/ Engineering Subsystem/ Condition/ Burste d 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 Chicag o 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 Chicag o 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 Chicag o 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 Chicag o 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 

## LVICF0018 9

## 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/ 15May200 7 Location/ 2 . Activity #/ 2833663 Port/ SEC LkMichgn Start Date/ 22Sep200 6 Location/ 3 . Activity #/ 2786900 Port/ SEC LkMichgn Start Date/ 11Sep200 6 Location/ ***E ND ***



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