Lake Express Public Comments Re: Proposed SS Badger Consent Decree.

~
LAKE '-......_ EXPRESS

April 22, 2013
Comment regarding United States v. Lake Michigan Trans-Ltlke Shortcut, Inc.,
D.J. Ref. No. 90-5-1-1-10771.
Via email: pubcomment-ees. enrd@)usdoj.gov
0
Kenneth J. Szallai
President
Lake Express, LLC
2330 S Lincoln Memorial Drive
Milwaukee, WI 53207
Assistant Attorney General>
U.S. DOJ-ENRD,
P.O. Box 7611,
Washington, DC
20044-76] 1.
Argument to Amend Proposed LMC Consent Decree
As an affected party, we are writing to provide comment on the Lake Michigan Trans-
Lake Shortcut, Inc. (doing business as Lake Michigan Carferry Service (hereinafter
"LMC" and ""S. S. Badger")) Consent Decree, under which Lake Michigan Carferry
undertakes to end its dumping of coal ash into the waters of the United States
(specifically Lake Michigan) on or before the commencement of its 2015 sailing season.
It is our opinion, fo1 the reasons set out heaein, that the proposed Consent Decr ee is
neither fair, reasonable nor in t he public interest.
We ask the Department of Justice and the EPA on behalf of the United States to either
amend the Consent Decree as outlined; or, if that is not witbjn their power and discretion,
to set the Decree aside and end the Lake Michigan Carferry operation until such time as
the company can demonstrate that its operations have been altered to eliminate its
discharges and/or deposits of coal ash into United States waters.
Lake Express LLC operates a modern, environmentally and regulatory compliant high-
speed auto/passenger ferry on a 68.5 nautical mile route across Lake Michigan between
the ports of Milwaukee, WI and Muskegon, MI. Lake Express was the first high-speed
Lake Express, LLC
Conmu:nl regarding United States v.Lake ,'vfid1igan Trans-Lak.e Shmtcut, Inc.,
D.J. Ref. No. 90-5-1-1-10771.
TRANS-LAKE-LMTLS-COMMENTS002895
auto/passenger feny designed, built and placed into operation in the United States. As
such, the vessel itselfrepresented the standard of"best available technology" when it
entered service in 2004. It still is in the forefiont of that technology.
Built in 2004, the vessel Lake Express meets or exceeds all applicable regulations for
operations in US waters for a vessel of its kind and type. The vessel was built to
minimize its environmental footprint and therefore was equipped with the latest diesel
engines; handles no ballast; is of shallow draft to reduce dredging needs; and collects and
retains its black and gray water for pumping ashore to approved sewage disposal
facilities. Lake Express operates under the 2008 VGP (Vessel General Permit)
administered by the EPA. The VGP does not contai.n any specifically tailored provisions
for Lake Express, unlike the S. S. Badger. Section 5.3 of the 2008 VGP only applies to the
S.S. Badger and allowed it to dump coal ash through December 19, 2012, thus prompting
the S.S. Badger's NPDES permit application which in turn led to the filing of this lawsuit
and proposed consent decree
1
.
Lake Express has a major economic impact on both the Michigan and Wisconsin
economies and transports in excess of 100,000 people and automobiles per season across
the lake. LMC characterizes Lake Express as a "competitor" and acts accordingly in their
marketing campaigns. Passengers are drawn to the Lake Express feny service from
Wisconsin, Michigan, and Illinois, as well as from points throughout the United States.
Lake Express LLC has at least five interests in and/or concerns with the proposed LMC
Consent Decree:
(1) Fairness: It is unfair to other businesses, both existing and under
consideration, that a competitor or potential competitor receives dispensations from
environmental laws thereby giving that competitor an economic and/or operational
advantage in the market place. In the LMC Consent Decree, the EPA has extended to the
S.S. Badger just such advantages, in violation of its own stated policy.
2
(2) Market Altering I mpacts: LMC has a proven history of using the economic
advantage gained by either not complying with the modern standards envisioned by
environmental laws and regulations or acquiring exemptions from or leniency in the
application of environmental laws and regulations, to both directly market against
perceived competitors and to attempt to perpetuate a monopoly advantage in northern
Lake Michigan waters. LMC has used that economic advantage, indeed has highlighted
that advantage, in sales campaigns aimed at diminishing Lake Express.
3
Moreover, that
advantage has been used to lobby against, and frustrate others, whom have an interest in
1
United Stares Environmental Protection Agency (EPA) National Pol1ution Discharge Elimination System,
Vessel Genenll Permit for Discharges Incidental to the Operdtion of Vessels (VGP), Version 2/5/2009,
Section 5.3 (Large Ferries).
2
EPA Science Advisory Board, An Advisory of the Illegal Competitive Advantage (ICA) Economic
Benefit(EB) Advisory Panel oftl1e EPA Science Advisory Board, September?, 2005,EPA-SAB-ADV-05-
003. http://www.epa.gov/sab/pdf/ica eb sab-adv-05-003.pdf
3
See at1achment titled "competitive overview best price" -attached filed:competitive-overvie'w-
bestprice.pdf
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 2
developing a competing service
4
This Consent Decree enables LMC to continue these
past practices unimpeded in any significant way.
(3) Unequal Application of Law and Regulations: The EPA is allowing the S.S.
Badger to yet again accumulate an unwarranted extension in complying with generally
applicable environmental law and regulations that have been in effect for decades.
Moreover, the special treatment that the S. S. Badger bas, and will continue to receive if
the Consent Decree is upheld, follows the S.S. Badger's inability to act in good faith to
fulfill past promises to address and end pollution generated by the vessel's operation.
Again, the EPA fails to uphold the law and its own policies and therefore fails in its
obligation to protect the public interest.
(4) Violation of Stated Agency Policy: Despite long stated agency policies of
imposing fines that seek to recover economic benefit from noncompJiance (or delayed
and avoided compliance), to both disincentivize polluters and protect lawful operators the
proposed Consent Decree instead presents a "sweetheart deal'' that not only rewards
continued S.S. Badger pollution, but protects and extends associated financial benefits for
another two years. The civil f01feiture and forfeiture schedule in the proposed Consent
Decree pales in comparison to the environmental damage that the S.S. Badger willfully
perpetuates every time it crosses Lake Michigan and thus, the proposed monetary
penalties amounts to mere pennies per LMC transaction and serves only to encourage
noncompliance due to the miniscule impact of t he financial outlay. The simple fact of the
matter i s that the minimal penalties under this Consent Decree perversely encourage the
S.S. Badger to not comply with the law because the penalties represent only a mere
percentage of the cost it would take for the S.S. Badger to fully comply with the law.
Specifically, we reference the following statement of EPA policy in making this
objection:
"The EPA has made the recovery of a violator' s economic benefit from violating
the law the basis of its calculation of civil penalties."
5
"Enforcement protects companies
and individuals who comply with the law ... To assure that complying companies are not
put at an economic disadvantage by companies violating the law ... '' Further, and again
by their own stated policy, the EPA has an obligation of recouping any economic benefit
that the non-complying party gained from violating the 1aw."
6
This proposed Consent Decree fails miserably in upholding the EPA's
responsibi lity to compliant businesses and the general public.
4
Mark Ruge (counsel for Lake Michigan Cad'erry, Letter to Michael Gordon (Department of
Transportation, opposing Maritime Administration(MARAD) cross-lake conidor designations, Feb mary 6,
2009, Docket No. MARAD-200lHJ096 http://www.regulations.gov/#!doeumentDetail:D=MARAD-2008-0096-
0045
5
EPA Science Advisory Board, An Advisory of the Illegal Competitive Advantage (lCA) Economic
Benefit (EB) Advisory Panel of the EPA Science Advisory Board, September 7, 2005, EPA-SAB-ADV-05-
003. http://www.epa.gov/sab/pdf/ica eb sab-adv-05-003.pdf
6
John C Crnden, James W RubiJ1, US Department of Jnstice,Enviromuental Compliance and Enforcement at the
United States Department of Justice ru1d the Role of Enforcement in Good Domestic Governance, Sixth. International
Conference on Enviromuental Compliance and Entbrcement, Intemational Network for Environmental Compliance and
Entorcement, April 15-I 9, 2002. http://www.nlece.org/conflproceedulgs2/18-Env .%20Compliance.pdf
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 3
(5) Environmental Stewardship: As a company who operates on Lake Michigan
and whose employees likewise make their livings on or about this watetway, Lake
Express has a di stinct interest that all who use the wateJway do so in an environmentally
sound and responsible way, so as to preserve the health of both the watetway and those
who use it. This proposed Consent Decree falls well short in the EPA' s obligation to
protect public health.
1) Fairness:
For more than twenty years, Lake Michigan Ca1ferry has operated the S.S. Badger on a
route across Lake Michigan, between the ports ofManitowoc, WI and Ludington, MI.
The S.S. Badger, built in 1953, is a coal burning steamship, the last of its kind in the U.S.
(indeed, one of the last operating in the world) and is allowed to operate only by the
accumulation of exemptions from a number of antipollution laws and/or regulations
including:
(1) Two exemptions from air pollution regulations, one each by the states of
Wisconsin
7
and 1\1ichigan.
8
Note the S.S. Badger operates an aged coal powered
boiler with absolutely no stack emission controls; and produces significantly more
particulate matter than the vehicles it carries would produce driving around Lake
Michigan.
9
(2) Since 2008, the S.S. Badger has operated outside of the generally accepted
limits imposed by the Clean Water Act, due to a special provision included by the
EPA after the public comment period and without review or certification by the
State of Michigan, in the 2008 VGP. This special provision, referenced above,
allowed a grace period to the S.S. Badger for the dumping of coal ash/coal ash
slurry into US waters while it (the S.S. Badger) developed and implemented an
alternative to end the dumping. The provi sion effectively covers only the S.S.
Badger operation and it expired this past December 19, 2012 (this sunset is what
the S.S. Badger now seeks to avoid) without the S.S. Badger having come into
compliance. It is now not legal to dump coal ash in US waters under the VGP.
(3) The US Coast Guard has declined to apply the Marpol Treaty Annex on air
pollution regulations to the S.S. Badger, such terms of which are certainly applied
by them to all (cleaner than the S.S. Badger) heavy oil and diesel fuel burning
vessels. The Coast Guard cites the S.S. Badger's outmoded (for ships) fuel
source, i.e. coal, as not specifically mentioned in the Annex for their reason not to
pursue the S.S. Badger's ai r pollution. Thi s ignores the Annex' s clear intent,
which is to lessen air pollution generated by ship traffic.
7
Wisconsin Statute 285 .30( 4) https://docs.legis. wisconsin.gov/statuteslstatutes/285/lV/30/4
8
MCL 324.5513 bttp://legislature.mi.gov/doc.aspx?mcl-324-5513
9
James J. Corbett, PhD. , University of Delaware James J. Winebrake, PbD, Rochester Instit1.1te ofTechuology,
Heather Thomson, University of Delaware Arindam Ghosh, Rochester Institute of Technology, A Comparative
Analysis of Ships v. Trucks to Transport Cargo along the Great Lakes September 2102,
htt p://www.glmri.org/download.s/2012Rcports/affiliatcsMtg!WinebrakeandCorbett pdf
Lake Express, LLC
Conmu:nt regarding United States v.Lake ,'vfid1igan Trans-Lak.e Shmtcut, Inc.,
D.J. Ref. No. 90-5-1-1-10771. 4
TRANS-LAKE-LMTLS-COMMENT$002898
(4) Apparently unbeknownst to the Michigan regulating agency (DEQ) until the
2008 registration of certain ship discharges by the EPA under the VGP, the S.S.
Badger has, since at least 1992, operated in contravention ofMI environmental
statutes against dumping from watercraft into state waters.
10
Clearly, LMC is able to operate this vessel only because of these exemptions, special
deals and regulatory ignorance. Far from the "level playing field" stressed by EPA
policy, the playing field on which the S.S. Badger plays is heavily, and intentionally,
tilted in its favor. This proposed Consent Decree should act to level the field in a
substantive way. As written, it does not and therefore is not a reasonable settlement
under the law. The proposed Consent Decree is not in the public interest in that it does
not protect the public health, nor does it, in the words of the EPA, "assure that complying
companies are not put at an economic disadvantage by companies violating the law."
Additionally the proposed Consent Decree does not(again in the words of the EPA)
provide "Uniform, fair and comprehensive environmental enforcement (to) protect
companies and individuals who comply with the law." The proposed Consent Decree
presents a lopsided cost-of-compliance/benefit-from-noncompliance dichotomy that
encourages LMC to delay available and feasible technological upgrades and incentivizes
them to pollute. The proposed Consent Decree unfairly obviates the force of the market
in compelling technical innovation by making old and obsolete technology key to
marketplace advantages via special favors that protect and prolong its use despite its
inability to operated within prevailing regulatory and legal requirements.
LMC and the S.S. Badger's previous owners have a long history of avoiding upgrading
the vessel to modem environmental standards.
Prior to the enactment of the S.S. Badger's air pollution exemptions, previous owners, the
C&O Railroad admitted air pollution violations by the ship,
11
which were well-
documented by the State ofMichigan.
12
The S.S. Badger was also charged with
violations of air pollution standards in Wisconsin
13
and a C&O employee testified that
the Ludington based ferries (with no distinction between S.S. Badger and other C&O coal
burners), were in daily violation of Federal Air Act.
14
Engineering studies were
10
State of Michigan Natural Resources and Environmental Protection Act, Part 95, Watercraft Pollution Control Act,
http: //legislature. mi.gov I doc.aspx ?mcl-451-1994-11-2-WATERCRAFT-POLLUTION-95
11
Wm. Bamert:, memo to C.R. Zarfoss, Chesapeake and Obio Railway Company, May 12, 1970. ICC
carfeny abandonment dockets, National Archives, College Park. MD.
12
L.J. Holmes, Regional Supervisor Air Quality Division, Michigan DNR, letter to Lee Rosenberg.
Environmental Affairs Staff Interstate Conu11erce Commission, August 24, 1976. ICC carfeny
abandonment dockets, National Archives, College Park, MD.
13
Paul Peterson, Abandomnent, Ludington Daily News, June 29, 2006,
http ://wvvw. scribd. com/doc/4 5466891/2006-Recap-of-l970s-pollution-i ssues-witb-Lake-Michigan-ferries-
Abandonment-hearings-for-C-0
14
Daniel M. O'Donoghue; Interstate Commerce Commission, Memorandum in support of motions to strike testimony
and exhibit 6 of applicant c&O witness W.F. Liebenow, Chesapeake and Ohio Railway Company abandonment of car
ferry service across lake Michigan between Ludington, Michigan and Kewaunee, Milwaukee and Manitowoc,
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 5
completed in 1970, outlining the steps to install diesel engines into the S.S. Badger and
bring it into compliance with then applicable f\.1ichigan air pollution control standards.
15
Several more simi.lar studies and evaluations to modernize the S.S. Badger' s propulsion
systems have been done since then. But more than 40 years after the initial study, no
work has been started, nor have other air pollution controls been added. Smoke and
particulate emissions from the S.S. Badger, under the protection of exemptions, continue
to draw complaints in port communities and from passengers, including incidents of
" more than usual complaints of customers with fly ash in their eyes."
16
Additionally, air
and particulate pollution have drawn complaints from marinas both Manitowoc and
Ludington.
17
Fallout from carferry air emissions has been noted as a persistent problem
throughout the tenure of the current ownership of the S.S. Badger.
18
Simply put, there has been a long term pattern of demonstrated disdain, on
the part of the S.S. Badger, for air quality regulations that is now only too
apparent in meeting water quality requirements as well.
LMC has also benefitted from, and was incentivized to conti11ue buming coal by long-
term coal-supply deals with the City ofManitowoc' s publically owned utility, Manitowoc
Public Utility (MPU). The terms of the deal were described as "below market cost" in
1994.
19
That "below market cost" coal supply agreement was renewed in 2006
20
and ran
concurrent with the period of time during which the owners of the S.S. Badger had
purportedly committed to end coal ash discharges. For the S.S. Badger, the burning of
coal was and is a simple economic evaluation, the efficacy of which is supported by the
terms of the proposed Consent Decree.
The preponderance of evidence demonstrates that the conduct of the owners and
operators of the S.S. Badger have been motivated by their desires to extend financial
benefits provided by environmental noncompliance. Owners of the S.S. Badger have
long stated that they have no desire to make necessary investments to reduce pollution
Wisconsin, February 10, 1978, Interstate Commerce Commission Washington, D.C., Docket AB-18 (sub. no. 21),
February 10, 1978.
testimony-regarding-C-O-ships
15
RA. Stearn, Inc., Propulsion Plant Analysis of c & 0 Carferries for Chesapeake & Ohio Railway Company, Ludington,
Michigan., Job #1379-2, December 31, 1970: http://www.scribd.com/doc/44940327/1970-refire-and-dieselization-
report-SS-Badger-Lake-Michigan-Carferrv
16
James Anderson, EVP, Lake Michigan Carferry, memo to Dale Koch, Manitowoc Public Utilities, August 7, 2002.
http://www.scribd.com/doc/32922631/MPU-SS-Badger-coal-ash-complaints-2002-correspondence
17
Dale Koch (MPU) email to Ni laksh Kothari (MPU), August 23, 2002. http:ljwww.scribd.com/doc/32922631/MPU-SS-
Badger-coal-ash-complaints-2002-correspondence
18
(City of) Manitowoc (WI) Harbor commission Meeting Minutes, September 13, 2007.
http:ijwww.scribd.com/doc/33045149/Manitowoc-Harbor-Commission-09-13-07-Minutes-SS-Badger-Coai-Dust-
Complaints
19
Patrick Wills, Manitowoc City Attorney, Letter to Robert Manglitz, Lake Michigan Carfeny, February 1,
1994, http://www .scribd.com/doc/32936453/Citv-of-Manitowoc-re-SS-Badger-Coai-Costs- 1994
2
Coal Acquisition and Storage Agreement, Manitowoc Public Utility and Lake Michigan Trans-Lake
Shortcut, May 2006. http://ww,v.scribd.com/doc/32936215/SS-Badger-coal-buying-agreement-with-City-
of-Manitowoc-and-Manitowoc-Pub1ic-Utilitv
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 6
from the ship and wili run it "as-is," that is until it can no longer operate. To support this
proposition, we direct your attention to statements made to the Ludington newspaper:
Ludington Daily News (MJ), August 22, 2003, Carferry refuses federal grant ...
He (S.S. Badger owner Robert Manglitz) does not foresee the Badger changing its
engines. a $12 million investment, to do away with the coal-burning emissions. "I
also don't expect to see the million or so (older diesel) trucks changing over
either. They go until eventually those trucks will get old and get retired.
"At one time there were a lot of coal-burning vessels on the Great Lakes,"
Manglitz said. "We' re the last one running."
We believe that continued efforts at prolonging delays in compliance and concurrent
efforts to remove compliance requirements all reflect competitive efforts that warrant
dose re-examination and analysis of the market impact of the proposed Consent Decree,
stronger civil penalties for past infractions to recoup the benefits gained, and more
stringent checks and reporting requirements as well as more decisive penalties for failures
to comply with the terms of the proposed Consent Decree.
LMC made promises in 2008 to end coal ash discharges by May 2012
21
and supplied a
timeline to be fol lowed to that end. Instead of seeking progress, the company instead
sought permanent exemptions under the premise of"historical significance" and the
notion of "grandfathering." This suggests that nothing has changed in the vessel
operator' s working philosophy toward pollution since the 2003 quote above.
Further extensions are unwarranted following failure of S.S. Badger owners to act
in good faith to fulfill past promises to address poiJution despite the availability of
feasible, available and viable solutions.
The S.S. Badger has a len,brthy history of pollution issues that pre-date the current action
by decades, and the LMC was founded as a result of a below market cost purchase of
vessels and assets (including the S.S. Badger) from the predecessor company due to the
associated environmental liability. The owners of the vessel have acknowledged
pollution issues with the vessel along with associated local impacts since the founding of
LMC, yet have done nothing to permanently eliminate them or come into full regulatory
and legal compliance.
Evidence of bad-faith in fulfi ll ing promises made in exchange for 2008-2012 VGP
includes:
21
Proposed VGP: EPA response to public comments US EPA -December 19, 2008-6-556, 6-558,
htto://wvvw.epa.gov/region5/water/npdesteklbadger/pdfs/application!badger-appl .pdf
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 7
TRANS-LAKE-LMTLS-COMMENTS00290 1
From 2008-2012, instead of compliance, Lake Michigan sought actively to nullify EPA
and State jurisdiction over water pollution generated by the S.S. Badger.
Instead of pursuing the remedies outlined, the owners of the S.S. Badger sought instead
to engineer a permanent legislative fix through an effort centered on "historic
preservation." The historical preservation title was critical because a few congressional
representatives in 2011 sponsored an amendment to the Coast Guard Reauthorization Bill
of2012 that would have allowed those ships with such a title, namely the S.S. Badger, to
never comply with environmental laws and/or regulations. The amendment was not part
of the bill that passed Congress and the President signed but this attempted legislative fix
started when the owners of the S.S. Badger hired a "historical consultant," who was
familiar with the S.S. Badger from his working a decade earlier helping noted carferry
historian George Hi lton create a historical overview of the S.S. Badger. That article
branded the S.S. Badger the "dirtiest" of the carferries. Shortly thereafter, the S.S.
Badger was nominated to be a vessel of"historic preservation." S.S. Badger owner
Robert Manglitz stated quite clearly while participating in the nomination process that the
intent of the "histOJical preservation" designation effort was based in a desire to negate
existing environmental protections that applied to the S.S Badger.
22
LMC representatives actively spearheaded the effort to designate the S.S. Badger coal
handling equipment as "historical" at the same time that S.S. Badger lobbyists laid the
groundwork for a legislative earmark described above that would protect coal burning
vessels (a class of one) from EPA water pollution enforcement actions. This effort began
in 2008 and continued with apparent knowledge of state and federal legislators in 2010
23
until ultimately being introduced in 2011
24
and finally defeated in 2012. The ultimate
failure ofLMC to engineer permanent exemptions from Clean Water Act protections and
EPA authority through legislative earmarks left LMC only the pursuit of additional time
through the NPDES individual permit process. In recognition ofthe S.S. Badger's
2008/2009 timeline promise that coal ash discharges would be halted by }.fay 2012, the
NPDES permit application was accompanied with a request for more time to "explore"
use of natural gas
25
despite the clear lack of regulatory, technical or fuel supply
infrastructure to allow it to be feasible or possible. LMC's expressed hope was that
this talk and promi se of the "fuel of the future" would provide cover to ensure an
additional 5 years of delayed Clean Water Act compliance, and presumably with it other
associated economic and operational benefits from noncompliance.
LMC lobbyists K&L Gates admitted in a May 2012 press release, timed to coincide with
LMC's NPDES permit application, that the company hoped the natural gas talk would
22
See attached document- SS Badger effmts 2008-2012.
23
Stephanie Klett Secretary Wisconsin Department of Tourism, letter reply to Congressman Tom Peui, June 16, 2011.
24
Michael Hawthorne, Landmark Status for Polluting Ship?, Chicago Tribune. November 7, 2011, Page AL
http://www.scribd.comldoc/75254622/Landmark-Status-for-Polluting-Ship-SS-Badger-seeks-coal-ash-dtmmiue:-
exemption-Chicago-Tribune-November-2011
25
Chuck Leonard, VP Lake Michigan Car ferry, Letter to EPA Regional Administrator Susan Hedman, August 16,
2012,
http://www.epa.e:ov/region5/water/npdesteklbadger/pdfs/2012 08 16 SSBadger LMC Coal Ash Hetcution.pdf
Lake Express, LLC
Coumu:nt regarding United States v.Lake ,'vfid1igan Trans-Lak.e Shmtcut, Inc.,
D.J. Ref. No. 90-5-1-1-10771. 8
convince the regulators to grant more time, but admitted that "those systems are not
technologically feasible or economically realistic for the S.S. Badger."
26
The past 4 years have shown that the S.S. Badger has only sought loopholes to negate the
agency' s authority under the 2008 VGP. Thus, the S.S. Badger did not live up to its end
of the bargain under the 2008 VGP. Further disproportionate lenience only works to
create and compound unfairness for all other lawful operators and participants in the
competitive marketplace, and to the publi c who utilize and depend on the impacted
environment and ecology.
2) Allowing continued violations of the law provides market-altering competitive
advantages that reward pollution at the expense of compliant businesses.
LMC has a proven and continuing history of exploiting the economic advantage gained
by noncompliance with the law. LMC has used that economic advantage, indeed has
highlighted that advantage, in sales campaigns aimed at diminishing Lake Express on the
basis ofprice.
27
EPA has been clear in numerous policy statements that noncompliance provides
economic benefits to violators in several different ways:
1) Avoided costs
2) Delayed costs
3) Economic benefits from illegal competitive advantage generated by
noncompliance
28
Extraordinary lenience in past and current S.S. Badger proceedings clearly fits all three
criteria of unfair competitive advantage.
Lake Michigan Carferry has used resources freed by avoided and delayed costs, as well
as other economic benefits to engage in efforts to block other operators from introducing
modern and conforming vessels to traditionally competitive shipping routes elsewhere on
Lake Michigan.
29
Operating cost advantages gained from noncompliance with environmental laws and
regulations no doubt have bolstered both efforts to gain market share aga.inst existing
competitors and to create barriers to entry for competitors who are not able to realize
26
K&L Gates, Press Release regarding LMC application for SS Badger NPDES permit, May 24, 2012.
http://gcaptain.com/american-coal-powered-fenv-asks/
27
See attachment titled 'competitive overview best price" - attached liled:competitive-overvjew-bestprice.pdf
28
EPA Science Advisory Board, An Advisory of U1e Illegal Competitive Advantage (ICA) Economic Benefit (EB)
Advisory Panel of the EPA Science Advisory Board, September 7, 2005, htto://www.epa.gov/sab/JXlflica eb sab-adv-
05-003.!Xlf
29
Mark Rugc (counsel for Lake Michigan Carferry, Letter to Michael Gordon (Department ofTransportation, opposing
Maritime Administration(MARAD) cross-lake conidor designations, February 6, 2009, Docket No. MA.RAD-2008-
0096-0045 http://www.regtllations.gov/#!documenUJetail:l)=MARAJ)-200li-OOY6-0045
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 9
operating cost savings from nonconforming equipment, and who must bear the full cost
of modern requi rements.
The irony of the current regulatory environment is that newer generations of Lake
Michigan carferries, including one vessel (Viking) on Lake Michigan that was
modernized from coal-burni ng to diesel engine propulsion in part due to environmental
concerns, are blocked from re-entering the competitive marketplace by modern
regulations. LMC decided against purchasing this vessel as a replacement for the S.S.
Badger after realizing the regulatory and leSal requirements and compliance costs that
apply to the dieselized former coal burner.
3
Yet, the S.S. Badger has been allowed to
persist in its current original configuration in part to preserve competitive advantages
through regulatory subsidy and in part to avoid costs of compliance.
Modern technology (ships, tug/barge, etc.) exists to serve all of the Lake Michigan
Carferry/S.S. Badger roles, but must conform to all existing laws and regulations,
and are subject to the full cost of compliance borne by all other members of the
marketplace.
Additionally, LMC has a proven knowledge of industry-accepted modernization practices
and has demonstrated its financial and technical ability to perform major repowerings
through the recent installation (2012-2013) of diesel engines in the vessel operated by
LMC-subsidiary Pere Marquette Shipping.
31
A level regulatory playing field protects all participants in competitive markets. Allowi ng
select companies to exploit regulatory loopholes or to ignore environmental protections
not only damages the environment but also puts offending companies and individuals at
competitive advantage over companies that abide by the law and invest in continued
compli ance.
A summary of cost benefits from delayed compliance, and per-ticket impacts on S.S.
Badger pricing is included with this comment as an attachment.
3) Unequal application of laws and r egulations governing waterborne commerce
between Wisconsin and Michigan.
1t is unfair to other businesses, both existing and under consideration, that a single
company, LMC, be rewarded with continued and unprecedented lenience (as compared to
requirements placed on other vessels and operators) in response to historical disregard for
environmental laws. This continued lenience has rewarded a decades-long pattern of
3
Case Study: Lake Michigan Carferry, Presentation by Robert Mangli tz, President and CEO, Lake
Michigan Carferry, Zeus International LNG-Fueled Marine Conference, Houston, TX, June 6, 2012. Page 2
http://www.zeusintel.com/Portals/O/Content PDFs/LFMAC2012/0l Manglitz.Robert LakeMichiga.nCa.rfe
mr.pdf
31
Steve Begnoche, Season Opener for Pere Marquette Shipping, Ludington Dail)' News, April 9, 2013,
page l , 2.
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 10
delay and unfulfitled promises, and created an entitlement expectation by LMC that it
should not have to comply with existing or newly developed standards. The historical
record shows that the initial choice to power the S.S. Badger with coal was out-of-step
with industry standards already in the 1950s,
32
that the ship quickly drew scrutiny as the
dirtiest on Lake Michigan, and that efforts seeking to clean it up have been rebuffed
numerous times through the decades despite the continued availability of upgrades to
reduce or eliminate pollution from the ship?
3
The S.S. Badger remains in its original
1952 configuration today,
34
despite decades of complaints about air
35
and water
pollution3G generated by the vessel. As has been the case for the past decade with the
current owners, past owners also cited the rationale for failing to address federal pollution
requirements in 1972 as being "too costly,"
37
for meeting asbestos requirements in 1984
as "too costly,"
38
for meeting air pollution standards in 1986 as "ridiculous,"
39
In 1990,
owners sought exemptions from state air pollution regulations by presenting
noncompliance as a matter of preserving economic impact.
40
Lake Michigan Carferry owner Robett Mangli tz acknowledge the "importance of
repowering the Badger" in a public letter published in 2001, but ultimately decided to
maintain the ship as a coal burner despite concerns of the ship' s pollution and despite an
offer of$2 million by Michigan to aid in the conversion.
41
Despite the S.S. Badger's long history of contradicting statements, the Great Lakes
shipping industry is filled with examples of vessels that were modernized from coal
burning to cleaner propulsions systems, significantly extending the service life of the
32
James Cabot, Daily News Historian, A Brief History of the SS Badger, Ludington Daily News, May 10,
2003, C3, http://www. scribd. com/doc/68665 20 3/ 1950-C-0 -Railroad-to-coal-fire-the-SS-Badger
33
George Hilton, "Badger," Steamboat Bill, Winter 1987, Page 280.
http:/ /w ... vw .scribd .com/doc/128723 93 5/bil ton-geo rge-ssbadger -steamboat -1997
34
SS Badger National historic landmark nomination, William Worden. presented to the National Park
System Advisory Board Landmarks Committee, November 9. 2011,
http://www.nos.gov/uhi!Fall2011Nominations.htm
35
Ferry Operators Vow to Curb Air Pollution, TI1e Milwaukee Journal, October 19, 1972,
http://www.scribd.com/doc/45050695/1972-newspaoer-covernge-of-Milwaukee-air-oollulion-charges-
against-C-O-ferries
36
Car Ferry Agrees to Halt Dumping Refuse Into Lake," Sheboygan Press, Monday, December 5, 1966, 22.
http://www. scribd.com/doc/45323654/1966-C-0-told-to-slop-dumping-car-ferry-trash-into-Lake-
Michigan-SS-Badger-complaints
37
Michael Donovan, End of Ferry Service has Economic Impact, Manitowoc Herclld-Times, October 21,
1972, A 1 http://www. scribd. com/doc/ 4 5 344 936/1972-C-0-meeting-federal-oo llution-standards-with-SS-
Badger-too-costly
38
Richard Dancz. Replacing Asbestos on carferries too costly. Ludington Daily News, August 13, 1984,
http://www.scribd.com/doc/45469121/1984-Asbestos-on-SS-Badger-Lake-Michigan-Carferrv-
replacement-and-removal-deemed-too-costlv
39
Richard Dancz, Carferries get relief on Michigan Side, Ludington Daily News, Feb 26, 1986.
40
AP, Lake Michigan ferry service will more, The Ironwood Daily Globe, Sept 21, 1990,
http:/ /wvvv1 .scribd. com/doc/1 054 34 309/ J 990-SS-Badger-gets-air-oollution-exemption-under-threat -of-job-
loss-Olen-moves
41
Robert Manglitz, Readers Fonnn, Published Letter to Ludington Daily News, May 1, 200 L
http :1/www .scribd.com/doc/4 5 544 2 I 4/2001-SS-Badger-offered-2 -million-fTom-Michigan-to-convert -from-
coal-to-diesel
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 11
affected equipment. The notion of"modernization" is well-established within the Great
Lakes shipping industry and often centers on the upgrade or replacement of propulsion
systems or install ation of polJution controls. The historical Lake Mj chigan car ferry roster
reflects this as well, with numerous examples of modernizations.
Among the historical roster of railroad carferries to serve on Lake Michigan, the
following examples reflect ships that modernized to extend their economic working
lifespans or were forced to either convert or cease operations in part due to pollution
concerns:
1947 - SS City of Milwaukee refired from coal to oil boilers. (currently in
Manistee, MI)
1959 -Ann Arbor No. 6 (Arthur K. Atkinson) lengthened and repowered from
coal-fired steam engines with diesel engines.
1962- Wabash (City of Green Bay) converted from coal to oil boilers.
1965 - Ann Arbor No. 7 (Vi king) repowered from coal fired steam engines to
diesel engines. (currently in Menominee, MI)
1967 - Coal powered City ofFlint removed from service.
1971- Coal powered PM 22 removed from service.
1971- Coal powered City of Saginaw removed from service
Not listed but also relevant, are many other bulk freighters that have undergone similar
conversions, most notably the famed Edmund Fitzgerald. Many prominent Great Lakes
freighters continue to undergo propulsion replacements and upgrades including many in a
fleet of 14 steamships that were previously subject to EPA actions due to evolving
regulations. The Great Lakes freighter Kaye E. Barker (built 1951) was successfully re-
launched in August 2012 after being converted from a steamship to a state-of-the-art and
fully compliant motor vessel. The entire steam plant was removed and replaced with
modern diesel engines, one of 5 such major repowerings to have taken place in the
industry at Bay Shipbuilding over the past 6 years.
42
Bay Shipbuilding regulary performs shipyard work on the S.S. Badger and has indicated
that a similar conversion is fully feasible and available for the ship.
Both a leading Great Lakes shipyard and engine manufactmer stated in 2010 that
the S.S. Badger could undergo an industry-accepted diesel mode.-nization during a 6
month work period.
43
Such a modernization would represent the most intensive and
lengthy of possible pollution control options for the S.S. Badger. The letters also match
1970, 1977, 1999, and 2001 findings by S.S. Badger owners that diesel modernization
42
MMC, News from MMAC affiliates: Bay Shipbuilding, The Beacon, Summer 2012, Published ror the
Employees of Marinette Marine Corporation, http:l/www.marinettemarine.com/MMC-12-065-BEACONsummer-web.pdf
43
Bay Shipbujlding letter o.f support dated July 12, 2010,National Maintenance and Repair letter of support dated
August 19, 2010. City of Ludington (MT) application, Surface Transportation Infrastructure Discretionary Grants for
Capital Investments 11, US Department ofTransportation, 4/26/2010 http://www.scribd.com/doc/83506872/SS-
Badger-Shipvard-Engine-Letters-20 I 0-diesel-modemization
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 12
represents the best available solution to air pollution and water pollution concerns with
the S. S. Badger.
The requirement that vessel owners should invest in maintaining compliance with
modern standards is neither novel nor new, and it certainly does not reflect a "singling
out" of a single operator or vessel, as has been alleged by defenders of the S.S. Badger'
status quo. Rather than being " historic," sometimes old is just old. The current Great
Lakes working fleet boasts many vessels of greater age and longevity that have managed
to modernize or conform to prevailing laws and regulations.
3) Unequal Application of Law and Regulations:
It is apparent by its operations, its actions and its own public statements that the dumping
of coal ash is a cynical and deliberately intentional business practice propagated by Lake
Michigan Catferry. Considering its long standing business practice to refuse to comply
with the law, as wel l as the unenforceability of some proposed Consent Decree terms and
provisions, and the minor nature of the penalties that would be lodged against the
company if found in violation of the Decree, it is more than reasonable to conclude that
the Decree in its present form wi ll not attain the desired goal of the elimination of the
deposit of coal ash into Lake Michigan and the elimination of mercury and other
pollutants into that waterway. The loose terms and ill -defined limits embodied in the
proposed Consent Decree will simply allow Lake Michigan Carferry more opportunity to
obfuscate, negotiate and seek to avoid its responsibilities, as it has in the past, while
maintaining its gains from not complying with environmental law. Indeed, it can be
stated that the penalties as presented, give LMC a less expensive way to operate than
complying with the law. And rather than presenting LMC with an enforceable reason to
make the necessary changes in its operation, the proposed Consent Decree perversely
caps the company's liabilities, at a rate less than the cost of compliance and drives it
toward the rational economic conclusion that it is more beneficial in an economical sense
to dump and pay the fine than convert and pay the cost of conversion. These are not
reasonable outcomes for any consent decree in the environmental realm.
S.S. Badger violations were allowed to occur because EPA improperly ignored state
law in granting VGP permit coverage for coal ash discharges
ln short, the S.S. Badger' s coal ash dumping violates part 95 of the Michigan Natural
Resources and Environmental Protection Act (Watercraft Pollution Control Act).
44
In
fact, the Michigan DEQ (DNR) has for decades held the position that coal ash discharges
44
Richard Powers (Michigan DEQ Water Bureau Chiel), comment to U.S. Coast Guard
regarding the development of regulations governing the discharge of dry bulk cargo residue into the Great
Lakes, July 10, 2006, USCG docket 2004-1 9621-0030 http://www.regulations.gov/#!documeniDetaiLD=USCG-2004-
19621-0030
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 13
from ferries into Michigan waters violates state law.
45
Wisconsin state statutes also
prohibit certain discharges from ferries into waterways.
This information raises questions about past extensions and permits provided to LMC by
EPA- actions which appear to have provided improper regulatory cover for LMC to
violate state law by superceding and negating state agency authority.
The historical record and current industry practices provide zero support for any
argument that a lone operator (Lake l\lt:ichigan Carferry), or ship (S.S. Badger), should be
allowed to contjnue ignoring generally applicable federal , state, or executive regulations.
The clear fact and body of available evidence shows that other operators are willingly
making investments to modernize and keep vessels older than the S. S. Badger in full
legal and regulatory compliance, with no public complaint nor mention or suggestion of
obtaining special treatment on the basis of "historical significance" or any other attempts
at prolonged delay or preferential treatment as has been the case during the past 5 years
with the owners of the S.S. Badger.
The record shows that the "grace period" afforded to the S.S. Badger in 2008, based on
LMC commitments to end ash discharges, and expired in December 2012, which
included a built in one year "contingency buffer,"
46
provided more than ample
opportunity for the owners to complete a "major repower" and certainly any of a series of
lesser mitigation projects. The specific and undeniable proof of this is contained in two
letters submitted as part of an application seeking market-altering federal subsidy through
the TIGER II program in 2010. One letter included in the application came from the
same Bay Shipbuilding that not only recently completed the conversion of the 1951
vintage Kaye E. Barker, but also stated in 2010 that an equivalent conversion of the S.S.
Badger can be completed in a 6-month work period.
47
EPA has offered and provided unprecedented and otherwise unavailable lenience in this
matter, providing ample time and opportunity to LMC from 2008-2013 to stop its coal
ash dumping practice with the S.S. Badger. This is in clear contradiction of stated
policies and has been done absent of any true analysis of economic benefits provided, or
adverse market impacts caused by the action, or evidence that demonstrates that the
agency has undertaken a full and true review of state law implications or potential
violations.
The proposed Consent Decree follows a similar path of process failings. That is, there
has been no market analysis on the impact of the Consent Decree or any analysis or legal
implications of the S.S. Badger yet again ignoring Michigan law.
45
Michigan Department of Natural Resources RemediaJ Action Plan for Muskegon Lake Area of Concem, October 27,
1987, page 131, http://www.scri bd.com/doc/4 5284 596/1987-Michman-DNR -statement -regarding-illegalitv-of-coal-
ash-dumpi.ng-in-Lake-Michigan
~
6
Proposed VGP: EPA response to public CO!lllllents US EPA- December 19, 2008-6-556,6-558,
http://wwv<.epa.gov/region5/v.ater/nvdcsteklbadger/pdfslaQplication/badger-appi.QClf
47
Patrick J. O'Hern, VP & GM., Bay Shipbuilding, Letter to Chuck Leonard, Vice-President, Lake
Michigan Carfeny Service, July 12, 2010. http://www.scribd.com/doc/83506872/SS-Badger-Shipvard-
Engine-Letters-20 l 0-diesel-moderni7..ation
Lake Express, LLC
Conmu:nl regarding United States v. Lake ,'vfid1igan Trans-Lak.e Shmtcut, Inc.,
D.J. Ref. No. 90-5-1-1-J 0771. 14
4) Violation of Stated Agency Policy: Consent Decree provides Concrete
Economic Benefits for the S.S. Badger
The civil forfeiture component of the proposed Consent Decree ignores significant
components of standard civil penalty calculations- failing to recoup past economic
benefits and failing also to capture future fmancial and competit ive gains from future
noncompliance, delayed and avoided costs.
No other vessel in the United States has been allowed such an ongoing ability to operate
while avoiding compliance with US, state and international air and water pollution
regulations. These dispensations provide the Badger with unique economic advantage
while at the same time introducing pollutants into US waterways. In effect, LMC is being
rewarded to operate in an environmentally unfriendly manner. The proposed Consent
Decree does nothing to stop the Badger from doing so and in fact, incents the Badger to
continue poor environmental practices.
Annual financial benefits gained by the owners of the S.S. Badger from noncompliance
were outline in the 2012 Lake Michigan Car Ferry, Inc. S.S. Badger application for
Individual NPDES Permit.
Depending on the method avoided, each year of delay provides the owner of the S.S.
Badger significant financial benefit as follows :
Delay/avoidance of Ash capture: $705,225.60 annually.
4
l! or$ 2,820,902 over the
4 years since the advent of the VGP.
Delay/avoidance ofDiesel engine "repower": $1,915,260.00 annually
49
or
$7,661,040 since the advent of the VGP.
The per-ticket benefit of avoided compliance, and additional market effects can in part be
calculated through ridership statements provided by Lake Michigan Carferry and
forwarded as part of their 2010 Tiger II grant application (164,000+ tickets sold
annually)
50
and in a signed 2012 agreement through which LMC accessed federal
Department ofEnergy funds (165,000+ passengers and vehicles annually).
51
Using these
statements, LMC has established that each year of delay creates roughly between $4.24
and $11 .68 in direct per-ticket financial benefit. The added and undisclosed competitive
benefit from market-altering noncompli ance are not reflected in the LMC statements
48
http:/ /wvvw .epa. gov /region5/water/npdestek/badger/pdfs/applicationlbadger-appv. pdf
49
http://www. epa. gov /regio n5/water/ npdestek:/badgerlpdfs/appl icationlbadger -app-bb. pdf
~
0
US Senator Carl Levin, letter to Robert Man glitz, dated September 10, 2010, .City ofLuding1ou (Ml) application,
Surface Transportation Infrastructure Discretionary Grants for Capital Investments II, US Department of
Transportation, 2010.
51
Project narrative, Agreement between the State of Wisconsin DcpartmeJJt of Administration State Enerh'Y Office and
Lake Michigan Carferry Service, Inc., US DOE Award, Contract No. AD12-%10,March 2012.
http://www.scri bd.com/doc/93939011/SS-Badger -LMC-granl-aoolicalion-Statc-of-Wisconsin-75-000-natural-!!:as-studv
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 15
outlined above and do not appear to have been included in the analysis or negotiations
that created the proposed Consent Decree.
In seeking an addi tional two year dispensation on dumping coal ash and its related
pollutants, the S.S. Badger is requesting an additional $1,410,451 to $3,830,520 in
"subsidy". The EPA has fail ed in its obligation to fairness in the name of the public
interest in agreeing to this extension.
The civil fine for 2012 violations by the S.S. Badger equates to 15 cents per ticket.
($25,000 divided by 164,000-165,000 tickets per year)
The $25,000 civil penalty that is included in the proposed Consent Decree equates to 15
cents per passenger or vehicle ticket sold.
This assessed penalty on noncompliance (15 cents per ticket) represents a recovery of
between 1.2% and 3.5% ofthe direct per-ticket financial benefits reali zed by LMC when
compared with with the $4.24 to $11.68 per-ticket cost of compli ance. It is clear that
EPA and DOJ have failed to accurately assess and capture the financial benefi ts gained
by noncompliance and by delayed and avoided remediation. The evidence compellingly
suggests that the weak civil penalty (which recovers between 1/29 to 1/83 of the benefit
received for 2012 alone and ignores the benefits realized by failures and refusal by LMC
to come into compl iance during the 2008-2012 timeline submitted during the VGP
negotiation) is yet another reward for failures to abide by the law.
EPA and DOJ by thei r assessments of miniscule civil penalties are sending a powerful
message that in the case of Lake Michigan ship operators, they will side with polluters
over modern and environmentally compli ant operators. This clear failure to accurately
analyze polluter benefits and to accurately assess civi l penalties does an extreme
disservice to the public as it represents a failure to enforce long-stated policies aimed to
protect the environment, public health and the competitive marketplace.
Given this, is there any reason to believe that future delays and failures to seek
compliance will be met with continued and reckless disregard for stated enforcement
policies?
5) Environmental stewardship and pollution concems.
As a company who operates on Lake Michigan and whose employees likewise make their
li vings on or about this waterway, Lake Express has a distinct interest that all who use the
waterway do so in an environmentally sound and responsible way, so as to preserve the
health of both the waterway and those who use it
While defenders of the S.S. Badger have for years advocated for lenient treatment due to
the age and purported historical nature of the .. filthiest" boat on the Great Lakes, ," the
true story of the S.S. Badger reflects the true irony of its currenet predicament Perhaps
the vessels once lasting legacy, aside from more than 1,000,000 pounds of coal ash
Lake Express. LLC
Conum:nl n::ganJing U11ited Stares v. Lake !vfichigan Trans-Lake Sho11cut, Inc.,
D.J. Ref. No. 90-5-l-1-10771. 16
TRANS-LAKE-LMTLS-COMMENT$00291 0
discharged into Lake Michigan annually, is its role in inspiring the environmental
protections that its owners have spent decades trying to avoid.
The pollution issues with the S.S. Badger are neither new, novel, nor the result of evolved
or newly introduced rules or regulations. The S.S. Badger has been subject to criticism
for water pollution since at least 1966
52
and the early efforts to end water pollution from
the S.S. Badger no doubt in part inspired Senator Gaylord Nelson to advocate for the
same water protections
53
that the S.S. Badger seeks to avoid complying with today.
While the proposed consent decree makes reference to acknowledged exceedances of
Michigan and Wisconsin mercury discharge criteria, the process appears to have largely
omitted any requirement for accounting of or scientific analysis of cumulative
environmental impacts from the discharges during the period of time that LMC has
controlled and operated the S.S. Badger. Analysis of incremental impact from continued
discharge and further delayed compliance is also notably absent.
S.S. Badger coal usage and ash generation/discharge has increased significantly
under EPA oversight since 2008.
The agreement and timeline provided to EPA by LMC in 2008/2009 did not lead to
reductjons in coal usage or ash discharges. Instead, both increased significantly in the
following years to the present point where even 15% decreases over the next years as
stipulated in the proposed Consent Decree can lead to hlgher levels of pollution than were
generated by the ship in 2008, before the practice of ash discharges came under increased
scrutiny.
2009 records from the Manitowoc Public Utility (MPU) show that in the first year of the
S.S. Badger' s VGP timeline to eliminate coal ash discharges, LMC and the S.S. Badger
used only 7,200 tons of coal. Coal specs for C. Reiss Stoker used by the S.S. Badger that
year also showed use of a fuel with relatively lower ash content by spec, testing as low as
6.14%.
In contrast, 2012 Manitowoc Public Utility (MPU) records show that the S.S. Badger
burned 9,163 tons of coal (56.5 tons of coal per scheduled day of operation) last season
and discharged not less than 4.79 tons of coal ash per day (based on 8.46% ash content of
coal and a 162 day published operating schedule) into Lake Mjchigan.
54
s
2
Car Ferry Agrees lO Halt Dumping Refuse l nto Lake," Sheboygan Press, Monday, December 5, 1966. 22
http://www .scribd.com/doc/4 53 23654/ 1966-C-0-told-to-stop-dmnping-car-ferry -trash-illto-Lake-
Michigan-SS-Badger-complaints
53
"(Gaylord) Nelson pushing pollution bills," Janesville Daily Gazette, February 7, 1967, 16.
http://www .scribd.com/doc/68665182/196 7 -Senator-Gav lord-Nelson-Proposed-Ship-Poll ution-8 il I
54
City of Manitowoc, Manitowoc Pub I ic Utility, 2012 coal supply invoicing to Lake Michigan Carferry,
http :1/www .scribd.com/doc/11716954 9 /Coal-Usage-Lake-Michigan-Carferrv -SS-Badger-coal-supplied-by-
Manitowoc-Public-Utilitv-Citv-of-Manjtowoc
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 17
Coal usage increased 27% during the previous agreement and under the previous timeline
and the corresponding ash generation rate increased by 38% as reflected by the spec of
coal purchased by the company.
Moving forward, the proposed 9.5% coal ash Consent Decree stipulation, as it relates to
allowable fuel usage by spec, makes it possible for ash discharges by the S.S. Badger to
increase more, to nearly 50% more than first-year-of-VGP. This allowance alone allows a
loophole by which coal ash dumping can increase vs. 2009 first year of phaseout
baselines, even if 15% coal usage reductions are realized.
Again, this is a case where the inherent weakness of the proposed Consent Decree
provides zero meaningful requirements with regard to reducing the waste stream and
pollution, as it supposedly addresses to do so. Either the agency has been mislead or it is
presenting a "phase out" requirement that does not meaningfully encourage nor compel
LMC to reduce its waste steams. Worst of all, it continues a trend of allowing pollution
from the S.S. Badger to continue largely unabated.
Without access to LMC discharge records, review ofMPU invoicing and coal supply
analysis from 2008-2012 provides the best means of estimating annual discharges by the
S.S. Badger. These records suggest annual coal ash discharges by the S.S. Badger have
ranged during the past 5 years from annual minimums of 462 tons to 770 tons generated,
with a steadily increasing trend. 5
5
.
This amount is significantly higher than the reported 89 tons of cargo sweepings
(limestone, coal, stone, etc.) placed into Lake Michigan each year by the entire combined
U.S and Canadian Great Lakes fleet of 125 ships.
56
. The S.S. Badger creates enough
pollution that it would still create more pollution than all others combined even if
hundreds more ships were to join the Great Lakes Fleet and current rates were to hold.
That one ship is allowed to continue discharging at this level and is rewarded while doing
so is a clear failing of the EPA to honor and uphold its mandate.
While the LMC owner has frequently and publicly stated that " science is on our side,"
and have provided assurances of low impact from both past discharge activity and future
continuation of coal ash discharges, these promises appear to rely simply on verbal
assurances with little true scientific analysis to back up them up.
57
Like past timelines
for compliance, and other promises, these assurances appear to reflect nothing other than
clever wordplay. The actual filings by LMC have not examined the true cumulative and
continuing environmental impact of the activity and admitted discharge of mercury
among other specifically named toxic pollutants in scientific terms, nor do they examine
$S See attachment-2008-20 12-SS Badger coal-usage. pdf. Via MPU invoicing and coal analysis documents:
http://www.scribd.com/collections/4231 083/SS-Badger -Coal-Invoices-via-MPU-Manitowoc-Public-Utility
56
DraH Environmentallmpact Statement U.S. Coast Guard Rulemaking for Dry Cargo Residue Discharges in the
Great Lakes, U.S. Coast Guard in cooperation wi th U.S. Environmental Protection Agency, May 2008,
http//www.rcgulations.gov/#!documcntDctail;D=USCG-2004- 19621-0032, Table L -1 (page 1-4 ), Table 1-4 (1 -10)
57
Lake Michigan Carteny opening day press conference, Ludington Michigan, May 24, 2012.
httos://www.voutubc.com/watch'!v=PwnoH33Ql.A
Lake Express, LLC
Conmu:nt regarding United States v. Lake ,'vfid1igan Trans-Lak.e Shmtcut, Inc. ,
D.J. Ref. No. 90-5-1-1-1 0771. 18
the requirement, possibility or publi c burden of clean up and restoration should the
activity prove to have negative ecological impacts.
Lake Express. LLC
Conum:nl n::gan.Iing U11ited Stares v. Lake !vfichigan Trans-Lake Sho11cut, Inc.,
D.J. Ref. No. 90-5-l-l-10771. 19
Requests for modifications to proposed Consent Decee Agreement
In light of the concerns outlined above, we ask the Department of Justice and the EPA on
behalf of the United States to either amend the proposed Consent Decree as outlined; or,
if that is not within their power and discretion, to set the Decree aside and end the Lake
Michigan Carferry operation until such time as the company can demonstrate that its
operations have been altered to eliminate its discharges and/or deposits of coal ash into
United States waters.
We also ask for a formal response explaining the rationale for action or lack of action on
all items outlined below:
Concerns with the express statements in the Consent Decree:
Civil penalty does not accurately capture the economic benefits derived from
noncompliance ($705,225.60 to $1,915,260.00 annually), violations, and continued
regulatory non-enforcement. Not just in terms of costs avoided, but also in market share
and profitability gained.
A. Proposed Consent Decree: Page 4, para 3, discussion of annual S.S. Badger
crossings at 500 in 2012/2013. It should be noted that the S.S. Badger operated
for 162 days in 2012 versus 128 days in 2009, 129 days in 2010 and 135 days in
2011 or an average of 131.7 days over the three years. The 2012 operating
schedule represents an approximate 20% increase in operating days and a 20%
increase in the pollution load caused by the S.S. Badger in Lake Michigan. The
operating day increase is coincident with the S.S. Badger's pursuit of an
individual permit Clean Water Act permit. We do not believe this to be
unintentional.
In our opinion, the S.S. Badger should be restricted to the maximum pollution
load calculated over a 131 day season, the season in place at the time the
permit application process began, and not be rewarded with an expanded
pollution envelope.
B. Proposed Consent Decree: Page 6, II Applicability, para 5 " ... each captain,
master, and any other person .. . etc" should be amended to read " .. . each captain,
master, chief engineer and any other person placed in a command or
management position or who is in charge of the S.S. Badger at any time, whether
the S.S. Badf(er is in port or not, shall be f(iven a copy of the Consent Decree and
shall assume responsibility, in writing, by signing a document in form and
substance approved by this Court; for operating the S.S. Badger under the terms
of this Consent Decree and shall be personally liable for doing so while on board
in their official capacity and/or while in chmge ... . "
Lake Express. LLC
D.J. Ref. No. 90-5-l-l-10771. 20
This provision places responsibility for complying with tJ1e operating
provisions of the Decree on lhose who make the operating decisions,
where it should be. This spurs direct accountability and clearly identifies,
by reason of signing the proposed document, of who is in charge at any
given time and responsible for Decree compliance.
C. Proposed Consent Decree: Page 9, IV Permanent Cessation of Coal Ash or Coal
Ash Slurry Discharge, para 29 amend to read " .. . Badger must permanently cease
discharging, directly or indirectly, coal ash or coal ash slurry ... "
D. Proposed Consent Decree: Page 9, IV Permanent Cessation of Coal Ash or Coal
Ash Slurry Discharge, para 29 amend to read " ... after the first day of the calendar
year 2014 Operating Season .. . "
LMC has had a four year grace period under the VGP to evaluate and
engineer options for ending the coal ash dumping, which LMC has
claimed to have accomplished. LMC has presented such options, together
with technical data, to the EPA in their individual permit application.
According to Bay Shipbui lding, it would take one season to install a new
diesel power system in the S.S. Badger, the most challenging and time
consuming of viable options (cite ... ). Given the above and the extensive
amount of time and engineering claimed already performed by LMC, there
is no technical reason it should take LMC another two years to make
required changes. There is no other reason other than technical , which
should impel the timeline to convert. One year is sufficient and places
the burden of compliance on LMC. IfLMC has indeed done the
homework as repeatedly claimed, they should be able to meet the
deadline. If not, the S.S. Badger should not be rewarded for frittering
away their grace period. The burden of compliance should be on LMC.
All of the viable technologies have been done and proven by other vessel
owners. LMC should be able to perform. It should be noted that LMC' s
net savings, in not coming into compliance under the 4 year VGP grace
period, was $2,820,902 to $7,661,040 based upon the S.S. Badger' s own
estimates of compliance costs depending upon the technology used. EPA,
by the Consent Decree with an additional 2 year grace period, grants LMC
another $1,410, 451 to $3,830, 520 in savings. This works to the
advantage ofLMC but not the public.
E. Proposed Consent Decree: Page 9, IV Permanent Cessation of Coal Ash or Coal
Ash Slurry Discharge, para 29 amend to read " .. . after the first day of the calendar
year 2014 Operating Season or cease operation unless and until LMC can
demonstrate that such discharges have been permanently ended. "
As currently worded there is no provision in the Consent Decree sufficient
to insure the S S. Badger meets its obligation to stop dumping (there is a
Lake Express. LLC
Conum:nl n::gan.ling U11ited Stares v. Lake !vfichigan Trans-Lake Sho11cut, Inc.,
D.J. Ref. No. 90-5-l-l-10771. 21
minor fine provided but it is insignificant when weighed agai nst the cost
of compliance). Therefore, this provision simply is not reasonable and
contrary to the law of consent decrees as the Decree cannot claim to solve
the problem it establishes. As revised, the provision will incentivize the
Badger to stop dumping either by meeting the terms of the Consent Decree
or by stopping operation. The decision will be LMC's.
F. Proposed Consent Decree: Page 9, IV Permanent Cessation of Coal Ash or Coal
Ash Slurry Discharge, para 32 " .. . LMC must operate the Badger in a manner that
reduces the average amount of coal combusted per operating day. LMC must
demonstrate compliance with this Paragraph according to t he method set forth in
Appendix B, Section 1 A." This section says "LMC must demonstrate a reduction
in the average amount of coal used to operate the S.S. Badger per Operating Day
during 2013 compared to 2012".
This requirement is utterly weak, and unenforceable in practice, and fails
in its "reasonableness" mandate. In the Consent Decree, there are no
numeric standards established for a baseline coal burn nor an explanation
of how that baseline would be established; there is no standard established
regarding how the coal bum wi ll be measured; there is no certification
requirement by those measuring the burn that such bum calculation is
accurate; there is no standard or definition of what " reduces the amount"
actually means. Does it mean 1 ton per day? 5 tons? 1 pound? What
LMC states? This is an at best poorly drafted language/provision and the
EPA has failed in its obligation of developing an open and transparent
process that can be tracked and verified. This is particularly egregious in
that EPA has all the information required to put enforceable language in
the Decree. For example:
"During the 2013 Operating Season, LMC will reduce its daily amount of
coal combustion, on a daily average for the season basis, by 10% below
the base combustion amount of50.5 tons per day. LMC will substantiate
such reduction by the presentation to the Court and the EPA, good and
sufficient records signed by the Master or ChiefEngineer as to the amount
of coal combusted on a per day basis. Such coal com busted figures will be
supported by coal truck delivery slips showing the time and date of
delive1y and the weight of material delivered, signed by both the truck
driver and the mate or engineer on watch at the time of de lively. The
Chief Engineer or A1aster shall also take an inventory ofthe coal onboard,
in the presents t?f a certified cargo surveyor, who shall attest to scone, on
the first and last day of the season (i.e. a beginning and ending invent01y).
LMC will also provide the ship 's logs or other good and sufficient
evidence qfthe number qf days operated durinK the season and such other
information as the Court and EPA may deem appropriate to definitely
establish the daily average coal burn."
Lake Express. LLC
Conum:nl n::gan.ling U11ited St.ares v. Lake !vfichigan Trans-Lake Sho11cut, Inc.,
D.J. Ref. No. 90-5-l-1-10771. 22
Proposed Consent Decree: Page 9, IV Permanent Cessation of Coal Ash or Coal.
Ash Slurry Discharge, para 33 " .. . LMC must reduce the amount of coal ash
discharged from the S.S. Badger into Lake Michigan as compared to the
Calendar Year 2013 operation by 15%. LMC must demonstrate compliance with
this Paragraph according to the method set forth in Appendix B, Section lB."
This section says "LMC must demonstrate a reduction in the average amount of
coal used to operate the Badger per Operating Day during 2014 compared to
2013."
Similar to the comments under F. above, this requirement is utterly
weak, unenforceable and fails in its " reasonableness" mandate. There
are no numeric standards established for a baseline coal ash discharge
nor an explanation of how that baseline would be established; there is no
standard established regarding how the ash discharge will be
there is no certification requirement by those measuring the ash
discharge that such discharge calculation is accurate; there is no numeric
standard or definition of what "reduction in the average amount ... "
actually means. Again, does it mean 1 ton per day? 5 tons? 1 pound?
This poorly drafted language/provision demonstrates the EPA has failed
in its obligation to develop a reasonable cure and to insure the public
interest by developing an open and transparent process that can be
tracked and verified. As with coal combustion data, EPA has all the
information required to put enforceable language in the Decree. Finally,
while the para 33 calls for a 15% reduction in "coal ash discharged,"
Appendix B simply calls for a "reduction in the average amount of coal
used" without stipulating by how much the reduction is. This is, at best
sloppy drafting and opens the door to obfuscation and debate, which is
not the hallmark of a solid agreement. Alternative language might read:
"During the 2014 Operating Season, LMC will reduce its daily amount of
coal ash discharged on a daily average for the season basis, by 15%
below the base ash discharge amount of 3. 78 tons per day based upon an
ash content of7.5%.1MCwill substantiate such reduction by the
presentation to the Court and the EPA, good and sufficient records signed
by the Master or Chief 1ngineer as to the amount of coal ash discharged
on a per day basis. Such coal ash figures will be supported by coal truck
delive1y slips showing the time and date of delivery and the weight of
material delivered, and the specification of the coal delivered including as
a minimum total ash content and sulfur content of the product delivered
Such delivery slips will he signed hy both the truck driver and the mate or
engineer on watch a/ the lime of delivery. The Chief Engineer or Master, ,
shall also take an inventory of the coal on board, in the presents of a
certified cargo sun,eyor who shall attest to same, on the first and last day
of the season (i.e. a beginning and ending invent01y}. LMC will also
provide the ship 's logs, coal de/ive1y slips and other good and sufficient
evidence of the mtmber of days operated during the season and such other
Lake Express. LLC
D.J. Ref. No. 90-5-l-l-10771. 23
information as the Court and EPA may deem appropriate to definitely
establish the daily average coal ash discharge.,.
G. Proposed Consent Decree, Page 12, VI Resolution of Claims and Reservation of
Rights, para 42. Add to end of para "IMC warrants that since January 1, 2009 it
has been in compliance with all federal, state and local laws and regulations
regarding the discharge of coal ash or coal ash slurry into the waters ojLake
Michigan and that it has held and will continue to hold dw-ing the currency of this
agreement, any and all necessa1y and required permits and/ or certificates issued
by the federal government and the States ofWisconshl and Michigan and any
local authority of jurisdiction to allow them to make such discharges. Copies of
such permits and/or certificates are attached hereto and made part and parcel of
this Consent Decree. The EPA and Department of Justice warrant that they have
provided a copy of this proposed Consent Decree to the States of Wisconsin and
Michigan and have requested those States to review the proposed Consent Decree
and have received agreement from those States that the deposit of coal ash into
state waters is consistent with state law and regulation and that those States
agree with the terms and conditions of the proposed Consent Decree. The States'
written responses, a copy ofwhich is attached hereto, is made part and parcel of
this Consent Decree. "
The proposed Consent Decree mandates that "LMC is responsible for
compliance with all applicable federal, state and local. laws". The EPA
and DOJ is creating uncertainty, as the EPA did in the 2008 VGP process,
by providing federal cover for LMC to dump coal ash in state waters
where it is illegal to do so. This places the burden of"sorting out the
legalities" to the states in an area made "gray" by EPA/DOJ actions. This
in unfair and unacceptable and violates the principal that a consent decree
should be clear in its intent and execution. This is particularly egregious
given EPAIDOJ simply have to ask the relevant state agencies to "sign
off", which EPA does on a regular basis over a variety of actions. This
process is not new to EPA nor should it be frightening. It just needs to be
done. Does or doesn' t the dumping of coal ash into state waters violate
state law or regulations? A simple question that, for the sake of fairness
and clarity, needs be asked by the EPA/DOJ.
H. Proposed Consent Decree, Page 14, VIII Stipulated Penalties, para 47:
This paragraph, which enumerates the penalties that can be imposed by the
EPA for non compliance with the proposed Consent Decree, is wholly
inadequate. For instance, the penalty for a "fai lure to cease discharging
coal ash or coal ash slurry ... ,, is a meager $3,000 per Operating Day on
which a discharge occurs. Considering that the S.S. Badger has operated
an average of 131.7 days per season in the period of2009-2001, dumping
every single day of the season would expose LMC to a maximum fine of
$3,000 X 132 days or $396,000 per season. This represents an amount of
money far less than the $705,000 per season LMC has publicly stated is
Lake Express. LLC
Conum:nl n::ganJing U11ited Stares v. Lake !vfichigan Trans-Lake Sho11cut, Inc.,
D.J. Ref. No. 90-5-l-l-10771. 24
their least cost technological solution of ash retention and landfill. 5
8
This
minimal level of monetary penalty gives the S.S Badger a strong
economic incentive to do nothing but to pollute, which hi stOty shows they
are more than willing to do. This level of fine does not offset, even if a
162 day season was considered ($486,000 fine). This level of fine fails to
meet the goals of the Consent Decree and therefore fail s as a reasonable
element of the Decree. In our opinion, these fines on a daily basis
(Consent Decree Violation Table a. & d., page 14) should be based on no
less than twice the annual cost ofLMC' s publicized least cost alternative
of$705,000 per season. This would equate to a fine of about $10,682 per
day. This level of fine would meet the test of reasonableness, would
encourage LMC to make necessary changes and would act to prevent
dumping beyond the 2015 deadline. Reference sections b. & c. of the
same table, these violations should be treated similarly as sections a. & d. ,
a daily violation of $10,682. It should be noted that a $32,500 penalty for
a violation for a season is an inexplicable $246.21 per day (based upon
132 days) and a $65,000 penalty for a violation is $492.42 per day. This
level of fine encourages, rather than discourages compliance.
l Proposed Consent Decree, Page 17, IX Force Majeure, para 55: this para defines a
"Force Majeure" event, those circumstances under which LMC is allowed leeway
to either seek more time for compliance or, to plead that compliance is
"prevented" under the circumstances, as worded. The proposed Consent Decree
should not allow LMC to use the force majeure clause to negotiate
underperformance of standards or, in some circumstances, the failure to stop
dumping at all (they being "prevented" from doing so by circumstances beyond
their control). The purpose and intent of the proposed Consent Decree is for the
S.S. Badger stop dumping or stop operating. The force majeure para again
provides an artful way for LMC to not comply and not take responsibility. This is
neither fair to the industry nor in the public's interest.
Para 55 of the force majeure clause should be amended to read as
follows: " For purposes of this Consent Decree, a "Force Majeure
Event" shall mean an event that has been or will be caused by
circumstances beyond the control ofLMC, its contractors, vendors
officers, or any person or entity controlled by LMC that delays et=
f:Jfeeats compliance with any provision of this Consent Decree or
otherwise causes noncompliance with any provision ofthis Consent
Decree despite LMC' s best efforts to fulfill the obligation ... . ... to
the greatest extent possible. LMC's financial inability to perform any
obligation under this Consent Decree does not constitute a Force
Majeure event, nor does a Force Majeure event include, inter alia,
~
8
Chuck Leonard, VP Lake Michigan Carfeny, Letter lo EPA Regional Administra lor Susan Hedman, August 16,
2012,
hllp//www.epa.gov/region5/water/npdesteklbadger/pdfs/20l2 08 16 SSBadger LMC Coal Ash Retention.pdf
Lake Express, LLC
D.J. Ref. No. 90-5-1-1-10771. 25
increased costs ofpe7formance, changed economic circumstances,
changed labor relations, precipitation or climate events, changed
circumstances arising out of the sale, lease, or transfer or
conveyance qf title or ownership of any LMC asset or failure to
obtain .federal, state or local permits and/or authorizations''
Para 58 of the force majeure clause should be amended to read:
"If EPA agrees that a Force Majeure Event has delayed eF
preveeted or will delay or prevent compliance .. . . "
Comments on Appendix A:
Essentiall y, Appendix A was lifted "whole cloth" from the VGP and was written
by LMC themselves for inclusion in the VGP. Thi s language was not derived
from any thoughtful analysis by the EPA- it was written completely by the
regulated party.
59
Under II A. of the Appendix, the maximum coal ash content of burned fuel is set
at 9.5% (by weight as received). A review of the record confirms that this
percentage is much too high and allows LMC to manipulate ash generation
figures so as to indi cate a reduction in ash generation against this standard that is
not actually achieved in practice. This is unreasonable for a Consent Decree.
Reviewing the available S.S. Badger coal purchase records for the years 2008-
20 lO, the ash contents of purchase coal were as foll ow: 2008-7.41 %; 2009-
6 . 4 2 % ~ and 2010-6.65%. Thi s averages 6.82% over the three year time period.
The amount of ash content is something, within reason, wholly controllable by
LMC in accordance to what they order from the supplier. They can order a low
ash coal and get it, within reason (i.e. they could not get a "no ash" content coal).
The purpose of the Consent Decree is to limit and then eliminate coal ash
discharge into Lake Michigan (together with resultant pollutants). Therefore, it
would be reasonable, responsible and in the public interest to restrict the S.S.
Badger to burning a low ash coal, not a 9.5% ash content coal. As the S S.
Badger purchase records show, it is capable of obtaining and burning coal with an
ash content of 6.42%. Therefore, it is reasonable that a 6.5% limit, rather than
a 9.5% limit be set in Appendix A. Appendix A should be amended
accordingly.
Comments on Appendix B:
Appendix B is utterly unenforceable as written and totally lacks verifiable
standards. Tt should be amended to .incorporate our comments in comments F &
Gabove.
59
Proposed VGP: EPA response to public comments US EPA- December 19, 2008, 6-558
http ://wvvw .epa. gov /region5/water/npdesteklbadger/pdfs/ Attachment-I. pdf
Lake Express, LLC
Conmu:nl regarding United States v. Lake ,'vfid1igan Trans-Lak.e Shmtcut, Inc.,
D.J. Ref. No. 90-5-1-1-10771. 26
We ask the Department of Justice and the EPA on behalf of the United States to either
amend the Consent Decree as outlined; or, if that is not within their power and discretion,
to set the Decree aside and end the Lake Michigan Carferry operation until such time as
the company can demonstrate that its operations have been altered to eliminate its
discharges and/or deposits of coal ash into United States waters.
These comments to the proposed LMC Consent Decree are respectfully submitted by
Lake Express, LLC.
Kenneth J. Szallai
President
Lake Express, LLC.
Lake Express. LLC
Conum:nl n::gan.ling U11ited Stares v. Lake !vfichigan Trans-Lake Sho11cut, Inc.,
D.J. Ref. No. 90-5-l-1-10771. 27
TRANS-LAKE-LMTLS-COMMENTS00292l
April 22, 2013
Comment regarding United States v. Lake Michigan Trans-Lake Shortcut, Inc.,
D.J. Ref. No. 90-5-1-1-10771.
Via emai l: pubcomment-ees.enrd@usdoj.gov
Kenneth J. Szallai
President
Lake Express, LLC
2330 S Lincoln Memori al Drive
Mjlwaukee, WI 53207
Assistant Attorney General,
U.S. DOJ-ENRD,
P.O. Box 7611,
Washington, DC
20044-7 611.
Addendum: LMC 2008 timeline and 2008-2012 efforts
TRANS-LAKE-LMTLS-COMMENT$00284 7
April 22, 2013
Comment regarding United States" Lake Michigan Tram-Lake Shortcut, Inc., D.J. Ref. No. 90-5-1-1-10771.
Via email : (!llbcommenl-ees.enrd@.usdoj.gov
Ketmeth J. Szallai
President
Lake Express, LLC
Milwaukee, WI 53207
In 2008, LM.C presented a timelinc and made a commitment to end coal ash discharges .
LMC made a commitment to end coal ash dumping by the vessel by May 2012 and provided a list of
options to be pursued.
EPA replied by offering an additional contingency year (until December l 9, 2012- effectively allowing
until the May 2013 start of SS Badger sailing.
Instead of 1>ursuing engineering solutions, LMC pursued 1>ermanent exemptions.
LMC devised and began pursuing a "historic landmark" strategy in 2009, by hiring a "historical consultant.
Early focus was wi11ning protection from the EPA "federal undertaking" for ' ' historic" SS Badger coal
lumdling equipment.
Through the effort, S.S. Badger was added to the National Register of Historic Places in 2009.
LMC founded a "grassroots" lobbying anu to support pem1anent exemption efforts in 2011 .
A June 2011 letter from SS Badger owner Robert Mangli tz conveys the urgency in seeking the National
Historic Landmark designation as " invaluable when working with the EPA."
The November 2011 Pctri-Huizcnga-Bcnishck amendment to USCG reauthorization reflects a 3-ycar-
effort to gain permanent exemptions for S.S. Badger pollution.
Exhibits:
June 2009 SS Badger statement regarding VGP requirements - posted to SSBadger.com
2008-2009 LMC time line outlining steps to ending coal ash discharges by May 2012 - Coal Ash Problem
for S.S. Badger, Ludington Daily News, Steve Begnoche, June l , 2009.
Chicago Tribune- Landmark status for polluting ship? Michael Hawthome, November 7, 2011.
Robert Manglitz, letter to Alexandra Lord, National Historic Landmark Program explaining need for
Historic Landmark status to counter EPA, Ju11e 21 , 201 1.
Y al10o Groups postings by Willi am Worden, LMC hi storical consultant seeking support for exemptions for
"historic" S.S. Badger coal ash handling equipment as a reply to EPA enforcement actions.
SSBadger.com online auctions to raise funds and awareness for "a local charity" to be am1mmced.
May 23, 2011 press release announcing SOS Badger group fonnation and funding by LMC.
SSBadger.com website promotion of SOSBadger.com website- July 7, 2012.
2012 SOSBadger.com issues overview page explaini11g the 2011-2012 effort to seek penmment exemptions
for S. S. Badger discharges.
June 2011 SOS Badger facebook postings urging supporters to contact local, state and federal
representatives and urge their support for delayed enforcement of S.S. Badger coal ash discl1arge
restrictions.
SOS Badger facebook postiugs coordinating lobbying efforts in support of permanent exemptions for S.S.
Badger coal ash discharges and urging supp01iers to contact Senator Dick Dmbin.
SSBadger.com website petition (branded SOS Badger) form that sent emails urging support of continued
coal ash discharges by the S.S. Badger.
-
-
EPAVPDATE
, 1973, 1hot were pon of o ve.sfel's n(rmol operotion
hove exempted from permtttirl!l requirements of the Oeol\ Wcter Act. In 2006,
ttle U.S. Environmental Protecteon Agtllcy wos to begn regulating 2ti
specif.c ves$el dischorges, the resvlt of o laVV$uit onginally oimed ot preventng
fortlon botlost from bfing ttltosed '" U.S woters. The new Gtnerol
Permt (VGPj, which effect n December 2008, oflec\s evety commecclol vessel
optrotlng todoy.
Current The EPA's decision to tht SS Bodger n the new Vessel Generol
Permh hos creoted que$1\cms regording the 1m poet of the of our osh Wr:
understand and short the public'$ interest in protecl!Og our ond wo wont ev
eryont to know thot the Sodger is in full compltonce with che EPA's General Permtt.
We ltove voluntarily the 0\er tht An EPAcertifed loborotory
A!CI!ntly confirmed once ogon thot the (lsh IS non-hozordous The EPA con.stdered those tt5t
before they included tlle 8odger ,, their G\IP olong with &peofic gutdeltne$.
Wo all wi$h ewry &lement of our tototlygr&en. We hove sun the
pre>Ces$ to be on e:volu&ion thot blend$ on envuonmentol ideol with &conomc reolittes to
, create longterm 57 fired ste11m $htp$ $Oiled tho Greot m the
ond tCJdoy the 6odger s che only ooe()f t lnd rn the United Stotu Tile Amencon Society "'
of Meehooicol recognind her unique steom engnes os histone londmorks.
Our company ood the 6odger's Senor Chief fngtneer wem to Washington twice
to meet with EPA omc.ots to explo1n the engmeenng and flnollciol chollengos associated
with finding() soluti()n to the Badger's unique osh dischon;e. There no off the shelf
ond the EfA that ther@ v.'Os no practicol Y!Oyto elim1note the d1schorgt
immedotely. The EPA's evoluoton process wo.s thorough ond tough. They the &dger
ur\lll of 2012 to find o
Tht 8odger was given new life in 199Z when Chorfes Conrad his own money to te!cue
, her from bonktuj)tcy. His gool wos to cont inue the ecr fttry hettoge for OI\Othet 100 yeors.
Our 250 plus employees, and lhe port cities we setve ore dedicated to lhot
come Wt w1ll meet the reQutrements of the Vessel General Permu with the .some
U!nocity thot wa used to meet tha other chollenges hove faced whill? hundreds.
of jobs ond the lifo of this. one of-o-klnd ship.
It flos often been said that who ever owns the Bodger is only the temporary custodion
of o hcstortc: The ccr ferry legccy belongs to the comm\.tnities lt serves.
ond we feel o tremendotts resp.on.sibiflty to our employees ond
the of both of our cities.
Badger- EPA-Statement-8x11
Tht s s. Bod!)tt
ot /Ju J9SlloundJ
tn ScvtgeM Boy, WI
CAnted
tho cor htty from
bontntpccy in
HERE ARE THE OPTIONS, TIMELINE i
FROM LMC
LAKE MICHIGAN Carferry has some optrons it's researd1ing to
rt comply wah the PA deadline of 2012 to stop lts ash discharge.
)
\
\
1
t
l
l
.
I
1
1. KEEP the get a new fuel source.
2. RED! SlGN the engine area, capture asl1 and truck it to a
landfill.
3. REMOVE the boiler system and install diesel englnes.
"8CAU5E THE Badg-er's propulsion system is the only one of lts
kind, meeting the new EPA for vessel discharges
cannot be accomplished with off.theshe1f existing technology
in a short period of time: lnke Carferry Chief Engineer
Chuck <:art wrote for a presentation as he and LMC President
and CEO Sob Manglitz worked with and federal regulators.
CART PROPOSES a timeline for converting the system:
WINTEJJ - Rctube boiler No. 4, begin engineeri-ng and
design
SPR1NG/SUMMER/1AlL 2009 destgn and acqllire
prov3b
WINTER .200910 - Ship dry doc;k fl'lspectlon
WlNTER 2010 11 - Approval of compo11ents by the ASS and U.S.
Coast Cluafd
SPR1NG 2011 - Begin building
FALI./ WINTER 2011 - build phase
SPRING/SUMMER/PAlL 201Z - Test and perfec-t system
0
0
Ludington
Daily News
DISTRICTS! .
LHS bow OL
MONDAY JUNf 1.7009
NOTABLE
SOMmiiNG TO KNOI'I
Today is last day
for dog licenses
The last day to purchase
2009 Mason County dog n-
censes without a late fue is
Monday. June 1. Beglmlf19
June 2. and theteafter, defin-
quent license fees will apply.
Michigan law requires
that all dogs foor months of
age or older to be Ucensed.
Persons acquiring a dog
four months of age or older
must obtain a license within
30 days of acqUiring the
dog. license< may be pur-
chased at
Mason County Animal
Control Office_ 305 N. Mey-
ers Road, 843-8644
Mason County freasw-
er's Office, Mason County
Courthouse. 304 E. Luding
ton Ave., 8438411
All 2009 licenses will ex-
pue on June 1, 2010.
The following fees ao-e in
effect for all 2009 ncenses:
Male or female. S 15
Unsexed (spayed or neu-
tered). $7
Delinquent or unlicensed,
S30
not on file. owners are
reminded that a valid ra-
bies vacdnation certificate
and/or spay/neuter certifi-
cate must be presented on
the dote the license is pur-
cha.sed.
For more information go
online at www.masoncoun-
tyJlet or contact either the
Mason County Treasurer's
Office or the Mason County
Animal Control Office.
Do you know someo11e who h.ls a
go00 niWS liO!yl WbJ not !h.Ye the
goaj niWS OUI re.tdl! mtglw
us rolatlll-8431122, <><t..l-41.
Well spread tho 'Ntlld it
DEATHS
OBITUARIES, AS
Margaret Catherin Martin, 86,
MidiMtd
Ooyse lid lie, The \lllagel, Fla.
COMING UP
IN 'lOUR I>IY t.eWS
www.ludin!Jtond..ilynowum
DEDICATED: Judith Minty Writers
HELP Ministries warehouse and o
DOG MEETS FAWN: Friendly enco
<OURTESYOf Wf MI<HIOO U.RfE!iiY
A member of the SS Badger's engine room crew is shown here "pulling
Ash problem for LMC
Badger must stop discharging ash by 2012
BY PAnl KLEVORN
NEWS EDITOR
It 's a duubii'-Cdged
On one side. SS
Badger is lauded, revered and
adored l'or its uniqueness as
iJ1e last u)X'rat ing coal-fired
passenger ship in the l1 nit cd
Stat!'S.
On the other, it faces cm1
regulation fm that
vcr)' reason- coal, or, tn thts
a coal-burning wao;te
product, ash.
With cmll burning
emissions through the
st a<:k - spccificaU} exempt
from regulation IVtscon
sin illld lc:m
-but also nn ash slurry that
i< dumpPd dail} intn Lalw
Michigan. That ash discharge
used to mnsiclcrcd normal
opcraung prol'Cdtuc for coal-
fired vessels. A 1973 portion
of the LS. Clea.n \later Act
- when 1J1ere were stillmore
1 han 50 coaHlrcd op-
-
likr the Undgcr's. whtch arc
to normal
rions.' were allowed.
Kot an)'more come 2012.
The U.S. E.P,\ lost a bal.last
wat('I affinncd on dp-
pcal last year, and was forced
ro begin making
companies sed pcnnils for
their discharges, and to do so
quickl;.
11tt court ruling muld
cffccti\l'll shut d 0\\'11 thou
sands of - roughly
8,000 - operalinfl from Lr_<;.
ports, induding not only lht
liadgcr but Ludmgwns 1'.:-t.
Shipping Co.'s tug dJ1d b<ll!lc.
(n the end, discharge was
nne or 26 the EPA did al lnw
thnmgh irs ncwNattonal Poll u-
tion Discharge Elimination St-'S-
tem Vessel Gcner.ll Permit. the
Badger's coal illlh was not.
Lake Carfel'l)
ts OK to operate as is after
bringtng its case to Lansing
illl d Washington, D.C. - but
on)) for more rears.
No" tlw dock i< lid..ing
LMC comes up with a plan
and changes the boiler sys-
tem or removes the boilers
and goes to dtescl rng111t:..
There arc options, and lake
CarfPrry &
CEO Bob lllangtitz said there
is ttme for L\IC to job
done to keep the
truferry betwt"tOil
Ludington and
\Ills., in husimso;.
Manghll. has no tntrnnon of
letting the Badger stop sailing.
H<> tonk over operations of
tbc tarfcrn from
hi.s fathcr-in-la",
Charles Conmd, who
lht' crosslakl' servirr m 1991.
Conrad chcd in 1995.
father-in-law w<mted
the carfeiT)' servtce to run for
another IOOyears," he said.
SEE CARFERRY. A3
Lawsuit over
ballast water led
to new rules
Tile Badger's discharge
ur coal ash ilno take Michi-
gan ts being halted as a
result of a lawsuit over bal-
last 1' ater, which is blamed
for bringing invasi\ e spc-
acs into waters mstdc the
Unlttd
Three cmironmcntal
group< - \!orlhWE'<I Flwi
ronmcntal Advocates, The
Ocean Con ervanc)', and
SUI'd the
Ef'A mer its of
ballast water diScharges.
11wpvon.
Tlw rrsultmg court rul-
Ing in 200G fatind that the
EPA had tllegally c.xcmprcd
shi ps' ballasr water clis
charges from Clean\\ ater
5Ef LAWSUil iJ
+
MOIIII/.r JUIEl,l<M 1
IAl
CARFERRY: LMC says it wi ll make changes to meet deadl ine
fiOIH!ilA'
r,toal) m<ll'flogo
bcfOft f"l\' J'uUU.Jc\1 mr OOilftit
uon."
11
1t lw.H)fll;'n bt-cn ;t;n)t)
th.:. of 1 11J(IJ,:tr arc
only lt"'l!'lpM;tr')'
ol a hls!orJC treasure; sald
=
lli'ln C.arltrr) '""Tl'k' rarffrT)'
lt1t;Jq
rutJM-11 JCI'\>t-S.. and,, Cetln
INllCO<I)U.I rcspnn:ilbliltl co
UUI \lll\l
tht t'COrmll'.S ol OOIJ1 of ''ur

till! llle <IUD COUld naw
endL'<1s<1'\ 1\'1'.
C\1( h rrtl 11 Uro, KJiipat
'Having ash to deal with
is jusr part of having
coal-fired power
in any form. It's inert.
benign. Sand is all it
really is. It's really not a
harmful pollutant."
rtM:& l.nrlJ;:ut, Pn"'tnnr .. 'ltP\:
llt'i, flf '1\'otJ,IURg:IOO. ll.('., IO
wtJd.. on Irs bcllulf. f.lnn
<:e!.I'IL a dX'urnt:nt to lbl! l1'.r\
In Ol..t<.tlr-zonts Sliliost. "Hn
It'., tlMCJ CG.n gtd11 t..bnflc:o:.
1100 th;lt it v.-ill bl' per
milled II) b)ll.'t"OI.h' N \;1 )t'Ctr
unlll thtl'b><l Gtocral r.r
nu1 or Olhl'n\ISe. 11 ''lll shut
do-11 pu'lllUIIeOII) this full.
r:.thcr 1 bao b)Nt ck-bl dr.u h
moy nol Ot' able to rtl'l
Tl!IOPTIIKS
I. KC(lt> lb< bOIJI!rS. lei a
new rucl.M:JUrcc.
Rn1 c:boxc Is:
lO ust t..tlc boiler "l'Sittn In
place na. krep tllr 11<1d
opmt.i:u.s: ll:i i.t
in pi:lrl dU4! II) il,,
slgnJIJroA'-'c -...u.l ht !JOUI d ue
10 the St l'oliiiM 1he <'OmJld-

Ue liJ:cs the k.tN o} keepme
thc- bolltT"i iUKI using a d1r
fcrrnl ftd $<lUra;-. ont tb:al
il:-.h iiJo ol \nJ'tU'
prodULt , The con\p;llf\ is
looking tJitD liquid coi11 illld
OCIM':r OJ!liOrn,. nlth
Clt.gUk."ee"'C ID lind JOtllt:lh..lnfl
"ill,...ork (orlh.e Budget.
2. Redeslgn Lhe
una, caplure ash and truck
htodJ.uadJll.L
11w I'OUJtl rt.'tle-
sign wl-.. 1o 6lor<:
rh,. tnlll11 Jlt' l" In l.lmn
\! i1 lrucl.fd to a IM!:'i
WI as plaol'i do ''ilh
1ht1r a1::h. bur \l:lrtghtz
._._:, soon Qllt of the
of pmdudnJJ ;u
ull.lf po.slblo.
l Reno' c lhe boiler srs
tern anc lnS1all dlesel en
l!lnc>-
llill dl<ll<:c bul &lUI oo
pt>non h 10 llftlO\'P rh., hml
cr S)rstcm and n:pJcc 11 \\lth
..U"""l1t;;iro. 'S.
rh\'n.' an lhcrc. 11:s
\H.<tl, t'run tht nl5t uf tll4t
I)I' OC('S$ 10 !bot '!Jl\i'it(li&}l}St.nlal
lOIItt''m!.
\' ('lJ Jsl:' thl' as
IX'<I, r<>u lose thelnwstml'11l,
und 0-"\ t.!, rl!'..tilrrhanwnn
thr hm m dfr .. "-1; ht'
In lhi (td. lu l lw
car(e:"' \ Ohn CN\\ htn lind
asolutfm.
It's not wdmic;tly inoos
sibll': "ltll J_\t( Chtl'l' Eng,.
nc."(r(.' ht.rk Cwr1. "H'$.(otC.08 tu
un
lhtmnrany\nll ba:w to !Mar
The
U3\.od UO'II lvatg IJ(ocn p.t.Jd
r..,r."
"\'t'e'rcltHklng vi WJ our "P'
llO!ls." 1r satd. 'lie h:we to
lookOPA '"''Ct)'tbina, "
THISTAC(
!).lfatk
100, 3 t1$UI1 rlllh,.
UJ>tODlftl! disd\Muc ch a!ljle?
rm nrt
"lbll (arrnp
liutJ)b liY\\ ...
THIDIS<fARGE
.. , S')rl ul (t\'J t.\\'f\'
held morP strlngt\nt p:.,...
nu, II'S tpi!Tlllu<"<ptrc.' ''n
tlll!'hlllt\OU)t.urioowt
lMC l'ltSidtnl and CEO IIOb Mangil% lh< atea or tile Wllfl w\ere the dbcharge too t>la<e.
kM.Ite shows-the loGJti t n on the SS Sadgttts: the SS Spo.tQn.
HERE AR THE OJ)TIONS, TIMELINE
111().11./.K
U KI MICKIGAN C.arfe.r1
<Omplt witl'lt.l'le EPA deK!Iint of 2012 to nop Ia am diS<haf9t'.
1. K&IP th"' 90'' 1 ...ret.
2. AEOESIGN lfW\ tng!M .w;a. al\d trut1t !I IO A
l1dM
3. A.! MOVE tfit bolte-r synem .md lm.wU dit)cl t-n9n-rs:.
"' IECAUS! THl b. tit Of'ly Ol'li!Of lb
knd. '"'"''"9 rh ........ iPA leql.l"'*"'"tl JcM
anno1 bf ww1f'l tOOu-.>logv
1n a shol1 peuod rJ tmt." Ub Mkt!'oan Carfl!fry (hiel EnginNt
(hock Cart for a Pft"'kntatlco M ht and lMC Preskltm
amt C(() Sob Maf1Qh1z \I'Crked wnh ltckwa.J ltgutnan.
CART PftOPOSfS f umemc #Q1 torwcrtif!g
WINTtllOoto09 Jfo. 4, bf9n tnghari"9 and

SI'IIINGISUMM.E.A/FA.U 2009- Flnllre design iiJlCI ip-

WINTER 200910 Ship dty dock lnlptc11on
20tO l1 Appmal cf COfllporlefll3 uy thl!' ABS and u.s.
Coas1 Gu.lrd
SNU"G Z011 - buldn9
FAUIYIINTER 1011 - b<lld p11.,.
$Pfti NGI$VMMfVFALL2012 Tet:1
g,UM ukl .. And th:us n!)l tht
caJC forothtrs,"
There are t hws:ancs ur
'hrrs dnchaqpna m<' IC'riills
mto I hen-at u and ""lll anltn-
lnthtlonz4tmt.

the fJ'A did won. '\ith lhr
rlllftn) cmnpur to 01 le.s1
enough umc m nmkt
U!itbqli!S.

N:.uagUt'l bf'ht.Hll (\..,\ n=gu
lntoN ru-r redly rmUUru w1tb
rmtllrt'fJ nr l ht J1m
c:m('s t.bcrw "scod. 1ht
Kadgcr 15 nm' umqiR Ia I bal
ra1eg(.if). 3nd IJNttng thtourib
nta ...SiVt- mount ofwOl'J..
\\lth th<."
Jft,.nJ'lmh -and short tum
Mour)d 11mt tn t<1nlc Up \\1tb
3 permit proress - IN 11Mm
UHlC lUlie
EN'IIRONMINIAVH!AUH COSI
OF OIS<IIARGII
llill)J(Utt ""-d be """''-d 10
lo.uuw lor llull.'Jclf nhO! \\US
lu lllt \hl,ll' I Ill
d.bdlei &us IntO l tlchl.
a> and bad tlw <h or<ll'll

...:UJ. with
Lhal."
\n "'"f"l"'nllled l.tb.
c'Onfirm<d tht

;,;ll,.t'stiiJhuun ..
Unnnluz 'IO.Ud tlc IX'IC'C.J
if Uu rP\ IWI ttll)rc lin. t o
ddVe Into tht> ta.kr Mlausntn

drue.
111e CJI' HotUIICIIIod
sUJIU! l'ilS slll'dficaU) uy
cue to kp in' i'!'ii\'C spcC'ic..:,

gob). Wlom c-.arp. etc .. OtU or
U.S. btil lhe-COu.tl
ntlill.A t"allcd fbr thP luh
dlllCI\S or Olhcr
"J#erwilhnul
prrmu.
11' utlu . 'f lib
chugc:; "on gaul pcm:lh; i(
lhf UWI'Il"I'S

P'\'frwotk .... h P<"
rrul lS m urtler. Bll al\h .s 1'\t)l
()ftf!Ofthl'M.
11<C El'A tlid ll>ten "ld e\
tmdt'<llls (rau this
pnngloZUIZ.
lbe tuf\1T)' did
\Uhmil IJ \\'O'Ii'r fhi
[JIA contents or tht
!11th, .. ill lhot"
1U'C (Our t'OJISIJIU\'f\1S or OOil
.m nnd nme 01 lc' cis lhm
approoadl Wngcr to bunun
btc.lh or lb\ t.:li\'JJ'I)llllll:Ol."
11w !bOt note< "ale, 'pt-lls
CJf
gn.:.ttt':sl ,_-ot..t."Crn n a..Jt, hut
.gil.-e:n tht' lllllnllt.r in which.
lhto h mhr pftlul'flt 1 ...

a prob!t'nl. 1\nd di!:f)l\fS:ll -
SOO.lt' J)t.t(dl."t'
(or bOII('rblowdown - " ould
prO'idr u<klihlonJJ prot'-
lion."
rho DW Md ll'\, the swte
..ttlt.J lU\\.'MliUtlll Cll\1
f<l1Ul1CJ,tll "Jm.allowed ltk
dis<h:Jil!lror!lb 201 !.
f(StntAlun:-srrom thOSt ageD
<k> ro.ld oot be
OllJfllll'lg.
En\ lt(uumnt..al J:IDUJr.
b.t'(!U' towet,sb
Ill flO tb(' i._YJ(' ) ' l'L 111!'1'\P fn..
\'Oh td fn ballast ' ' :1tC'f
lllong ilh lh< Clean
\\o,&lll'fund, lhf' J\Ud""g.ut &!
'T'c)flll'll!llh'll ('C"UfK.'iJ illld tht
Gtt.\1 All.,,n,-.. oould
not bo reaohrd lbts mMnlll!!
cllh<'l'.
THE HGKTTO STAY BUSINESS

ftrst l!'irned of lllr coun rut-
b\llllg3111$IIBCEN.
-1 \\.0 'iUil/l' t)\.-d,'" ht !Sdld.
"[tr')Wd) lhoo&hl rl"''
l"'t'Jl" IIJ Win OU ...
The procc;s 10 'c1 the EPA
oind the l''tiJAtr.an OqJiU'i
n:n
'l' tog.!\e hsbleJr>s
IJ1{;0:t\lteU.IrJ tbc-
I'Utthl. lnng
1.Ud.
!Jig \\at:
Hcam!Lan tookiJ:M:ir,tory
IU <1Ud W.a)bhlglUU.,
I).Ct for rcptal td tTifl$lo pol
lhrinn'!.and whll
1\0fkt>d "i1b fh\: t'OI'[I'IT) Ill
i1 rimtm atltu.o:L
\'l;t$. lhari'k.' In pa.rt tn
thl" or CM)trcMmn
f<rr ll""k-tra. RlloUrnl.
.nd Tam Pfn. a RepublJnn
nmrcsenuna lht 'IBnlloMc
MCi tn \\ ls('(fnsu!.
.. l iMY \\l'f'\! bclth qu1rk 10
PIJI tftt:JI unn\ .J.fOUJlll ! lUI
lilJt ..uuJon, tbe') w..-n: '-.'!)'
tOnNm(!l'l t hr \1.1hl
I')' or t1lt &odJt"T, al)out rlu:
<>no:uJc tmpan not onlr
m t.bc!r roii!D.lUDJ! 1es bul en
tbctr "hoi< dlsll'k'IS. \1:1'1-
t Utz-Y.td.
Mang,lii1. and farl \\t1no>'iUP
I() t;el A \\tlh l!bOI.It
20 man1 from tbo
lPr\. where I he llad2tr ( OUd

"Til<I'O JUS\ Wl5tl'l an oil
ttre-shdf solution for u"'.
<aM.
MllJl3llfZ >010 Ill' bei!C\'!S
pMt 41 thr rl!lUon for c kr
M)p.rul H1i0s: \'tater
o\CI allo\'11U!
tal" dt<cbargts <as be<:nu.'
c.f sbip1 1md UM: <k-
tol..t.'f'p them iu btlli>!Pei.S.
Just btt:Ou.!k lbere'g ou1) Oil'-'
kof't doesn '1 mN.n thai nde
ibOJ.Jd uid.
10
1
0
..U otlhl<."
llochira c:ould
n .. .tchtd llrthU;mormng.

fhc err"
"11h "incr otd
c!lunp! Lbe .)lutl) into Late.
,\UchijJJn dWU1!t o>cb sallli!l.
as lh1;; ('atf\.'111 u; t )e-;a:,l fh4:
rui<S oot 10() !<'1'1 dtoep "'d
ltl ((d.. '' G .,_.UOL'o.
1.ut huhe 1tlL1tt.JI)t.,llnn..:.eh
iA pt bC.OCIIUS\!. lht' C.W
hf11 r.h;tnp,..;: 111. ' nur<,. rllo.

IJK1gi'IHI h 11h.
plptalld bol<onbo1hlt>P<lr't
mld s'ru1lemd ror
disth..-u.e.
shit. wh<11
still Olhl'IS, hal'e
IJ>IUt'c!'dU) WllliH.'\llhctr II
)4mC: wqy, 11u BOOg.'t
the ordy one Jr:n dumpif13
iJ lht! tiCill Utl..ts bl.'Olllie
Vs tbr coollirW oiiJ)
kf1uJ!cr'ott mghtlc.
ntotl prutt. ........ rutlct1
ctg ashks: eon oo'
sancllonoo by tht oru ard
I PA as bt'St
unlill012.
... lt,utng .Lo;;il 10 tk.d ldth Lo.
JHI1 of h1win.g CQ..li-Ontl
l)nl.'c...- h\ rorm.'" C:art
sat d.
"ll'shc<ntt'Sioo: Can sad
<J(th<S.ltl!W's
l.o.:fllUJl. If
It's nall) not n h.Mmful pt'l
blt'ltlt"
"l)nl<lrKI of hesru.l.
we pa1 a Ill! or umc and Lr-
lun IHIU U)ing lU \.Xf.UCU\1.: lJU:
IJ'o\onhO'I\ "''-"fcl'llt'.snot m
U!'IUt'."
hcappre<1attd

l..cep rrom dJ!>'Chaoglng.
KONOMY/TOURIIM
the c;tr(cm moo:
th\Jn ]'5h prn)lle i< It'
:-pon":blc leu,, btg poninn ar
l!tt: furomt lot
tauranls, hoteb 11nd otb.-r

t\111>"'' 1bc n-w 1>:rrrll

The s.s Badger ta.ws SU!'KS&y mornlr.g on II.$ ww, to
Manitcwoc, Wis. l!'lt hdgor gets out on lem fivt miiM. 100
tee1 cJtep Mid I$ traYelllg at c knou or mll! u m1y O)s(hargt IU
wal lh.nry Into LAk.o MK.hlg.,._ 9QVffnJM'fl1 begWl
J)9fmhW.g liter a (Jf,an W.ater Act lrwsuh 0'14'' slllps'
bolln ,,.,., dlsdaroe< cf lnut'e IPetios. Th< carlttrt
t!aJ penn1' untii 20ll, tht-n wlll to nop iu dltchargn.
In& l.al..c M.lchl)!Nl tltu )tar,
A,t<.llllhg a IMC: ttf pOi l'>nllalf\
1nore Ulan I .000
tourlm dn) durin2 doubl
-mort' than 100,000

ed ln pa31 - inlc> bol11
durlnA lh(l cu--
remgeason.
Th3t>k-< to a mdy done br
\'rest Lommuruty fol
ltRl" In ZOOJ, II>! I'Oll!IUUIIII)
tllll p.u Iii doU01r Dgurv on the
Prnnnmtt' 1mp.1tl ilf lht. R:1tt
,..,-.SlOnulllQn'l" .. rtol ud
fn{ttOO .wd lhe !r!Uint for itS
\\-IS('(lftSln pan,
So ITMQ) Ol Ollf
n01 jll:ff h.olt(ll\ . b.ut
l;m,..nN ;llid dtMl\lOwn buo;i

'We have time. The
economy certainly is
going to be imprO'Iing.
We hcld a decent
last year. . . . Irs gofng
to be a dlallenge, but
I've been pleasantly
surprised (by me
number of pa>Sengel5
this year so far):
Bob Monglltt
ll M(htgn Carlorry
.... uo
t>l 100 Scou
1lllr lJJanoo cl Commmc:.
I tu: ''Ot.&kllk'

., ... ht'rt! d!l>! Ql't? ')'W gwng
Ill V,Col .;nml'lhhg lh.11 Jlllf<
IOUtiSU en
dnorstrp?' .shr
J;:: 1 hft lnfJ).tC't
\\Otlb .fomt mvtron
lncntJI n.st.l
""rlll'c;:u-fcrn 's not lbeon))
thing)IIU muld asltllll Que>
non o1: MaeJc1n sad. \l t
IW\-1.' tube \\Ukh\.IJ. I
!ruSt lhcm to 11' ...11-.e L'\c rijl.tu
'Thc) .. wgo111gtnN-
good . ."\\ttrds or t he!,\ alcrs. ..
also 1:. btiJ(lll!llll !or
I he uwnb\T uf U Ciw
IJlup. In dfl &&Jruust
13 uul!UlpLO')'lUcul.
"' Oll.l..ait- Mldligan l'arr1-r
" . h:n nn
lourhm In our tlrta, on our
l'tmnnunhl' throuWl1ht.- sum
lllt' t mnmh.s 1h.11 "I' mJukl
1\'olll) hniXlt."l ror
)JiieVan
l))ke. Coun1y Growth
;u>d CEO,
't llllm l.NC' !s MLmK thi!t
\l'l)' \t'riOUSf')' lll.d llt.t:y WIJI
othtr \\td: ... 'tl
IXll bJsc<.l on Lle D'..\ ltmi.'-
lmc:; sllr SJJd. '1111') ti'Ui con-
form tu nh.sl "
l.udi.Agtou Ml1yor John I r.:n
denuo nrvh: a lttlc.r or b'Uil'
POM of the BtdJicr,
l '1(. included in il" inJomm

lcal 1o tudingtcn',.- ....mnomlc.
htalth."
Can L\ fCAffrud l1lctab
dlatlllts lO I he !ih-m
the tnd
ut )OU nlil)

"\\.: lm&c.''
11u fi"TI:linJy
$tOk'IR IU b.! III!PrU\fi1Jt. '\c

THE ALLURE
Of A Cll!lFIIEO!IW.ISIIIP
SOME CUEBRTE d-.. <OJI.
sttaiNilip
ll) V\.1! Bodgct N,, rrtelvtd
.cl*'ts.fromll\o \Uit,
QfOU'n a'ld poi
ii'*f the
U'li1\ummer.
THE BADGER 1\n recti\'NI
th" kltloWII\.9 dulgnoatiom
rM1)91'11tlcwr
,. ..
THE BADGER' S proP'Ilon
dtslgnated
acal tOQinttring ldrlCSinbk
by tho *"oma" Sod.ty ol
fnginl)(if5
1097
THE BADG[R Mmod
Midllon
Hanc Ste by 111(

1997
named
HIUO.JIC Ste by 1M \'.lsconsm
C:omBISSlOfl
1997
LAKl MIOUGAN CM
ftory d.,ijnole<l a MidllgOO
CeN;e:nn1.t Bll$irteS$ by tht
H1SDtlc.ll Sode-.y o( M.c:hlgjn
2002
THE BADGER isoarncdSlup
of e. by tf'le S(urn.s.h.,
HisJ1<41 of
1009
THE BADGER h011linN
UfiM'IImout.l)l by the Midi;.
OM Com-
milliOn to be lllfe<l on the
Nttl'O.nll of Hbtotit
Pf41<n. ArwlOllnctmtn' to bt
ITUI:t Jn Ally if tl b IKccptfd,
THE BADGER WH fNiucloO
of l'!fHOJIC
!mp:nunce fn thf maw
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Instead of pursuing engineering solutions, LMC pursued permanent exemptions.
LMC devised and began pursuing a ' historic landmark" strategy in 2009, by hiring a "historical
consultant.
Early focus was wi nning protection from the EPA "federal undertaki ng" for "historic" SS Badger
coal handling equipment.
Through the effort, S.S. Badger was added to the National Register of Historic Places in 2009.
LMC founded a "grassroots" lobbying arm to support pennanent exemption efforts in 2011.
A June 20llletter from SS Badger owner Robert Manglitz conveys the urgency in seeking the
National Historic Landmark designation as "invaluable when worki ng with the EPA.''
The November 2011 Petri-Huizenga-Benishek amendment to USCG reauthorization reflects a 3-
year + effort to gain permanent exempt ions for S.S. Badger pollution.
Exhibits:
Chicago Tribune- Landmark status for polluting ship? November 7, 2011.
Robert Manglitz, lettt::r to Alt::xandra Lord, National Hisloric Landmark Progran1, June 21, 2011.
Yahoo Groups postings by William Worden, LMC historical consultant seeking support for
exemptions for "historic" S.S. Badger coal ash handling equipmenl.
SSBadger. com online auctions to raise funds and av,,areness for "a local charity" to be announced.
May 23, 20 ll press release announcing SOS Badger group formation and funding by LMC.
SSBadger. com website promoti on of SOSBadger.com website- July 7, 2012.
2012 SOSBadger.com issues overview page explaining the 2011-2012 effort to seek pennanent
exemptions for S.S. Badger discharges.
June 2011 SOS Badger face book postings urging supporters to contact local, state and federal
representatives and urge their support for delayed enforcement of S.S. Badger coal ash discharge
restrictions.
SOS Badger facebook postings coordinating lobbying efforts in support ofpem1anent exemptions
for S.S. Badger coal ash discharges and urging supporters to contact Senator Dick Durbin.
SSBadger.com website petition (branded SOS Badger) fom1 that sent emails urging support of
continued coal ash discharges by the S.S. Badger.
Bear back in action tonight in Philly
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for polluting ship?
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ONlY
NET)ET"S
Badger ferry owners seek landmark status for
coal-burning ship
Badaers backel'S say Its historical signl8cance bould allow tt to
continue to dump tons of toxic coal ash lnto Lake Michigan
.. Cormlml 2
Related
STOAV: On LauiJichlgln a
CD HMY!tn913a111Silt0 g1s PUS
TOJMCS
co.
us EtMronmental Pro&eaon Aoe1ICY
T_, '' 11
BY Michael Tribune reporter
u
a deadlmP. to !top dumping tode r.oala<h into
Lak"' Michi,pn, 0\'n'"n. ot the la t coal poweM
steamship on thl! Gr t La).; for it to join
Yeruon, uocoln's Tomb and Luther
King Jr.'s sa pro ect@d nanonal historic
landmark.
[,; n tf the &dger tails to mak tht> list ol thto
bisl.oric and cuhuraltrouu , lht t .S
nvirotunrual Pr Jlel<'tlon nc) may hi! unable
s.e more to force tht aging coal lr.untr to eliminatto the nearly 4
tons of wastt! 11 dump in th bke e"') tim It sails.
An aml'ndmmt dded to a bud.get bill by
701 M11111me De Luclmgtol\ W .t9..U1,
USA c:ongn!Ssmen from and \\ .. JSCOnsin would
Mapa
the EPA from imposins stringent
pollution limits on any sh1p that i$ on, or nominated
for mclu"10n tl1e list oflandmarks
In documents obtained by the Tn'bune, the car ferry's owners plead for the National Park
Sen ice to grant the Badger special protection from the EPA. which in 2008 gave them four
veal'$ to find a solutlon to the ship's pollution problems
"This designation could play a critical role in the suni'-al of tbls one-of-a-kind historical
asset." Bob president and chief executive of the Lake Car Ferry Service.
the Badgers owner, wrote in a Jetter to the Park Service. Landmark status, )langlitz wrote,
would be "invaluable" dunng negotiations with the EPA about a new Oean Water Act
permit for the ship.
In their application for landmark Slatus, the Badger's owners say the slup's 'blstoric
propulsion system'' is ''under threat" by the EPA
It describes the Badger as .. the final stage of de,elopment of the Great Lakes rail and auto
passenger ferry," making it worthy for protection as an example of once-mnovative
tech to move goods across the nation. Its massive coal-fired boilers were the last of
their kind built for U.S. ships. according to documents filed \\ith the Park Sen ice.
Con,erting the ship from coal to oil "would destroy part of the historic coal-deli,ery sySlem
and significantly increase operating costs." the application states. Adding diesel engines
would leave 'the historic machinery intact but unused."
Most maritime national historic landmarks are mllS(>wn erlu'bits, including the
Cobia, a \\'o.rld \\ ar JJ submarine docked in Manito\\OC, Wis.: the Potomac. a yacht used
bv President franlJin D. Roose,elt: and the t\'autilus, the world's first nuc1ear-powered
submanue.
The Park Seni.ce already bas cleared the ferry for considerab.on a federal ad,isory panel
that meets Tuesday in Washington. The panel is revie,,iog about a dozen other properties,
including a 19th century Boston church, a Native American vlllage iu Iowa and a disabled
veterans home in Ohio.
If the ad\isory conlJTl.ittee approves the Badger's nomination. it will be sent to 1 nterior
Secretary Ken Sa1azar for a final decision
Compan) officials did not return calls or emails from the Tnoune. Backers of the Badger
have organized a public relations campaign that portrays the ship as a nostalgic "acation
shortcut across Lake Michigan and cites the ferry's role in promoting tourism and its 250
fulHime and seasonal JObs, moSl of which are held by lugh school and college students.
The Badger's coal-burning technology was becoming obsolete when the 410-foot ferry
began operating on Lab )lichigan. By the time it started ea.JT)ing freight cars for the
Chesapeake and Ohio RaiJ\,ay in 1953. dozens of other coal-burning ships were being
retired or con vetted to cleaner-burning diesel fuel. Consolidation of railroads and
sk"}Tocketing operating costs forced other Great Lakes femes to shut down during the
l970s.
la54'd on 1t.s operatingschedul4.'. th4t sbtp dischal]t>.S '!1bollt S09l01U of c:oal asb.
each year u it and Ludington, conua.st.. aD
tretghttrs w Great Lakes c:o11Km-.l) dump about 89roru ot coal, timestoD@ a.ad
1ron wamo into th .. LU.. attording to U.s . Co:a"t
Coal ash contains uvnic.le.ad. mercury and otbn !oxic: mttals. poDutant drew
national antnbon 1.1\ 2ooS after a coal ash hotdinr. pood ruptul'f!d 11 a Kinpon.
powt>r plant and tou.l!d an OlUo tributary. On Oct 31, a bluh c:oiJ.aJlS"(f next to
another p!.ut south of '!\IilwaukH and sent a tOI'TC'nt OJ tnud and coaJ ash into Lakr

Thr EPA ha$ mullin& mon> S'ln.Jlgant uti! n{ coal a.sh, wrueb
the agt'nc:y "SJgruficant pubhc health cuncenu Tht Rcyublicanc:ontroDed t:.S.
House recent!\' \'Oted to strip the EPA of 1ts authonl\ to re&uJate I he \\aste. b\Jt the
mensure tikelv nill not dear the Demcx:rabc I I.S . Sl'u tttl
On Friday, Rl'publican Reps. and Da n of and Tom
rein, o( WIScousin, added an amMclment to the u.s Coast Guard budjtet duat would slueld
the Badger from EPA scrunny It doesn't rnennon thl' tt>rt> b\ ntmt>, but the Bactgu is the
ontr veul that fus the criten;a outlin.d in tht> masur-. pendin on thv Houw floor
"'Thn n a mmruug e.umple of special intere\ Oym1 tl1e radar;
Thoma' attorney m th lfidwMt offiee c.f lh Rnourc-M 0 C.oundl.
E,,.e,npl.lng th Badger by law as 1 natlonallandmarlt could be liS latest
trom en,,ronme.ntallaws that othu .tbips mduding a Qr funy tha-: runs
bet\Hn Mil\\'anke! and ba\''f' complit'd wnh for
lnwstor5 "ho san-d the Badger from th Krap 10 tl1 198o1 \\ OD special nemptions
from \lichtaan and \\ 'isconsin air la\\s that lcrpt the fm't nox.ious c:oaJ smoke
1"aaJ other pollutei'S cleaned up. A penn1t i.isued b) th EPA tn 2oo8 p\'e its c:u.rrent
o'' to clean up tht> slup's "ater ponution, by its or
tonna its coal ash Cor sat.> disposal onshon!
.Mtr vowing to find a solution, the owners han been W'"kiJ1& *" """mpnon trom the Oea.o
\\'ator Act that would delar a fix unt.il at least 2017.
Tht mo,c to se<:lltl! landmark status comt!'S less than a \ear attvr tlte O\\ ners
unsueces.sfuUy $Ought S1.4 million federal stimulus &r.lnt to con,trt the felT\' to diesel.
theyba\-e ur&ed the EPA to gi'"' them timt' to stud\' wbl.'ther tbt
un 1K? lutled n.atural gas. a the &dRtr's owners and backers Ja\' would make it
th commercial \-.sse] on tht lAMs
Such a project to be far &-om Dunna l.ht summtr, brochunK banded out on
board the 8;adger and at community est:i;&b proclainKod that DTE En .. a Michigan
utilit) , had approached the frr-r)'s ownrn about O\'f>rhattllll hip
Jbcr \\tte quiclc to announce our parnapabon; said John a DTE
" But are not m any kind ot '''ith thr Bad&u not i.n"olved
1n proJect \\Jth thtm."
mlltJIClllt,Mi r <1 tribuur.com
1 ' hlcaoo Trobune
Alexandra Lord. PhD, Chief
Na11onaJ Park Service
National Histone Landmark P"rogrum
1201 Eye Street, NW (2280)
Washington. DC 20005
6121/11
Reference: Nutional Historic Lundmark Designation for the S.S. Badger
Dear Ms. Lord:
TI1e S.S. Badger has received sevcraJ historic demgnations over the years including being
placed on the National Regbter ol llbtorlc Plates by the U.S. Depa.rt:mmt oftlae
Interior in 2009. (See all8chment) The Badger is lhe last large coal-fired steam powered
vessel operating in Lbe United States.
Our consultant, William M. Wordcn.llas been working with NHL staff for about a year
and bas submmed a compleled digltal version of t11e National HistOne Landmark form;
photos and other supj)Orrjng maleriols o.rc to be sent as soon as they are available. We
were told earlier this year thot the Badger was on lhe fal l for Landmark
designation. Just recently our consulumt info[[JlCI(f o1JT company that the Badger is no
longer on the fall agc:nda. This change occurred without notification or explanation.
-h.'J Tlus news was very disturbing for our company and the port cities of Ludington. MJ and
{ Manitowoc WI. Not only IS the Badger worthy of Landmark Stat\ls. this designation
.; could play a critical role in the survival of this one of a kind llistorical asset. l..a.ndma:rk
()- .:. status would be invaluable wben working WJth the EPA to fmd n solution for meeting the
v ...... requirements oflhc ogenoy's General Vessel Permit that is due to expire in Deamberof
2012
b -;::_ I .,. The Badger is mueh more than an im:placeable historic vessel. The sbip is an icon for
d' both pon cities und them with $35,000,000 of economic impact nnnu.ally. Two _
\s' '? hundred direct jobs and 500 related jobs depend on the vessel remaining in service.
C..o,(,l J...r 11 We have a strong appUcalion for National llistoric Landmark Stalus. We ask that you
1 Ql' ... ;y iosuro L.hatlhe Badger is on your filii agenda. Your suppon will mean a great deal to the
O 7- employees, the port cite.q, and millions ofpeopJe throughout the United States
A., u- ..1 wbo bave sailed on this historic ship.
Sincerely.
701 Manuml' Onve PO Bo, 708 lodtnQton, Ml Corporate Olf1c 23184J FOJ 231-843-4558 www.ssbodgor.com
rcrricsOutsrdcLurupc 1\ S.S. Badger nnd coal firing hnp://finnncc.graup:..ynhoo.collllgroup/FcrriesOutsideEuropetmessav,cf 1105J
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Message #r--- Go Search f Search I' I. IIICt'd
Slar1 Topic
S.S. Badger and coal firing
M ol!J'.! I tl
Musaoe #12053 or t3045 r mv 1 .... ,
I hanhccn doing som(' <.'Oru;UII ing fnr till' OWill'l"i nf I .alec
Michig>m'o; Dadgcra.nd
hofK' roerober'$ of the list be Jble to t o a couple of

1 Deayton and I I hut ts tllll on I} the largest
t-ool-fff\'t.l
p.1 ste<JmeT in lht> "orld. but the coal-011."(1
'>ll'illl1t:r of
iln\ , .. riety. Coromenl'i? (St, .. 410 s' luug !111d l!l44ltf'I"K' tun\ )
2. Badger is equipped \Hlh coal rruhcn;, ronwHr.. .wd mech:tnll"".tl
Are
there other cnaJ-flfl!d 5lenmel"\ ILfl 111 tlw wmlt.l w1th c.'IJIItpnwnt
,,r tll:lt
type?

Bill Worden
Thu Jun 12:57 II!!!
'"William Worden
<bworden@-.>
wn-.'loH!en
Meuage of IJ045 <
ami coni
t 11nH' IH"'"n IOrtJu "''ll"f' ot Lukr 'lt ..
ll.t<f.ttr .tnd hnpc mcntbcro.n( thl ,.,. K''l"'"d 111 ,,
rmtpl hauestwnN: 1..-
Aut nor
WIDJam Worden 11, '100,
12:58 om
1012-l/2011 1220 I' 1
T.RANS-LAKE-LMTLS-COMMENTS002859
fcrricsOutsiclcLumpc Rc Nf>WS Why a lerT) gets to d!Unp co.. hup:/ltinnncc.grnups.yahrlo.com'group/FcrricsOutsideEurope/mcs!.nge/ 12573
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NEWS: Why a ferry gets t o dump coal waste in lake Michigan

I 'I ,Y Message #12573 ol 13045 rrev 1
Re: NEWS: Why a ferry get.c; tel dump cool wu">te in l..uke
Mich igan
Phase note that this is from tlw Mtl\\auk fi'IP''r, Milwaukee i!> the
Wiscons1n
port setvcd by the l...nkc Express oud tht MIIYonukrt ha.s
ronsistnntly painted
a.<; ntr,athe a picture as almut ll.tdgr.r.
Badger did not cxactl} &N pem,i-.c;inn ft "lttn, dumping ash in rhe
lnkt.>. She,
:md other coal burning :stc.1mcr m Joke!> '('r\' ltl' how
.Joing it since
y,OO<f f uel gave way to roo! (wer 150 tr had cmlercd
.tn trnmcdiate
to the pract ice, it would hnH' put 1\,tdgcr oul of husincs!. at.
options are
nul that easy to achieve. I ntpposl' thill would han h<>cn ntcc fot
l ..n kt Express
.md the port of Mi lwaukee. but it woulnd'l hnv hNn right or foir,
No ouc, nut or any other authurililtiVt'l'\flllrt'l.', ha" dnirncll thnt
tht Radger's
c'Oal m.h 1s ham1ful. Testing h.ls ilitlwo it to tx. inr:rt. l.Jkl'
most
in this \oriel. it dot> contam lrnce'> ,,f n.tM) things, in
amounts too
small to he of concern. <\sked ot Lite lillie uf F.J"A\ urdt>r, one
repre"t'ntati' e of
an environmental nonprolil was uuahlt 111 ctJIIIl' up wllh anything
mare damaging
than like "I Lhink tl'to JUst be t nollcl pul Ill} in lht
lakt
ll e'f> right. whl'n the' dn snml'thins; abctttt :u:u.l rrun, '' ltidt

tlocs more t.'Jwironmcnt.al damngl" lo Lo1kt' Mklu&.Ut th.m tht
Radger does? What about
the untoldstufflhnt pleasure lxmttrc; lhtt>w utlht lake:. In

wny more serious than one :;urvl "lnl) t'<'tll butnt.'r.
SunJul18, 2010 8:21pm
''wnl<.Yorden"
<bworden@ ... :>
wn..wordero
I ()1:!412011 12.2'i IM
FerriesOuto;idch1111pc : lk NfWS Why a lcrry gets to dum11 co .
!of5
TI1is situallnn face!> the Badgrr wilh dirluullnpiiiHI\ Olllinng
would
prob:tbJ) be the cheapest Wa\ tO rompJy U1 knnr. of
imestment. but fuel
would '>oar as comnpared to coal, wnh tbt' new
regubllons on
l)'J)t'"S of oil penniued to ikl:mmrd Retcnlinll of the nsh on hu11rd
r,)r land
disposal is difficuh Lo achitt'"C becmsc the <t!th l'<Hif\l', red-hut
when It
out of the boilers aml.!ip;.wc in thl' lll)lltr linHled
Diesels or lhc
mo!>t expensi"e altern at ivc. it would seem.
Rndgrr was recently lislrtl em the Nataon.1l uf l listoric
Plnces in part
or her macltiJICI)', now Ulliqul! In tlw wul'ltl. Nu ()11(',
mduding EPA, h<t!.
cons idered the effect this nlling mil) hm'l' on th.11 hbturit nut.!
uniour power
Jll:llll.
Bill Worden
- In I tmt IUI"'Jtl1 umj \,th t 1111 1111, ..\ndn:w<."
< andrewsgarli'-.. >
wrote:
,
Whv a ferry geL-: to dump t'Pal in Midti!l;)n
.lun<- 15,2010 OurStonc!i 4 Cntm11cnl\ Elllil tl11w.
MaHIIrodC)
http \\\H\"11ii\\HI
1
'"'"'hllt Ill I
1n<' RS. Badger hills itself liS "the laJlicSt <.<Jr ''\'N lusnill....1ki.'
> Mkhigan." Tl's l.:tbt finy still cmssing Lhc lnke,
.10d
> its lobhyisl helped it win pem1issionlu auniiiHi l dumr1ing coal
ush Ull its
journeys. One competi tor tlw frny mun than
tons into
the lake every clav. TIH.' fer!) muc;t lin11lh tnrltltt:. tmH:tlt't' bv
:w12,1hc
EJ>A has n1led
> L.'lkc Michigan Carfem owner of tlw S.S savs at's the
on I}
coal-fired steamship stilluper:lllng 111 Nnrth Amctica . . lust as
old-fMh1oned
> 1:. ib method of disposmg Ute hot .tsh produced in 1l1>
fumal:l!l>-
>
>
mtxing at with water nnd dumpmg tlw -.turry mto lht lltkt,
I he s_<;. badger
Environmental Protection 1\g<OL'\ h ..... l!o hJ\1' .. tlw
.c.h 1.'0ntnlns
pott>niially dangerous level!t or lend. nncl <:tltn ium. But thr
ltndgl'r
I 0' 2.JI21lll I :!.25 I' I
curfeiT) Kc fJucs ti<ul un [Judger Refit http:llgroupl>.ynhoo.comlgroup/carferry/messn,gc/6 120
I ofJ
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Surprising Video . .
Economist Warns

carferry list cootem. the railroad carferries that opemtcd on tlw Great Lakes. Spedfirnlly. the list coven.
the ferri
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Message # r- Go Search f Search ,,alllecJ
Questi on on Badger Refit
. '
#6120 of 642t < 1 r. I
Re: Question on Badger Refit
11u. Badger ha:. been hsted on th .. N.tlum.-.1 u( I hstonr
l'l.,ce . lllat
lisung cJ<.,es nol invol,e an) rest ri<1Wn" nn pnv.ilt' u'' ncl'!-.
act ivities
carril.>d out with their own moll<'"
111C reviews assodatcd With I hl: Nnt ion a I oli'C I ri!ij.wnd
when there is a
undt-rtaking." l n other wonlo;. lhc I>I'Ugrnml!i nwnnl to
have the federnl
govern1ncnl review it.s ow11 so tlli to nvoill hum1 tu hllitorir
rc'>ources.
11w TIGIO: R gmnt bc111g <tpplicd fnr i!> a (cd!!mlumll.'rl.tking bec.ause
il's fedcrol
money. The grant wtll bt> rc\iC\Wd h} f('f.'Wrol histnn<' prc'iCr"iltion
RCndcs to
d<>tcmunc if there is a "neg;1th t' impu<'t" un .1 hiitonc !'l<>oun-e
I nudger.) If
there c. determined to be a negillivc imfl'ld (.anti it should be) the
miewlill
mO\e to tbe need for t11e .:u:ti'-1l) and if tht
whether
tlwre is a to offset Lhe ncgahH: tmpac:l 111,. llrtl!JO'>llltl IC':ne
the hi"loric
po"cr plnnt in place greatly reduces thr negative impncl on
wd
that there are practical pmhlcms relianing t'fnl '"h on hoard I
think the
prt>Ser"ation agencies would g1vc tlw grant I he gt\'l'n light. II '!.
worth noting
lhnt lhe snme grant program couh.l hnVt' htl' ll nj)pro.wlHd to find a
Sat Se.Q 11, 20lQ U :04 Pill
"ooo" <bworden@ ... >
bworden

S4!nl1 frn
l0f:!412011 12.01) I'M
carlerry \lcssab'l:' 1>n Rndgcr Relit hnp.1 groups }ahoo.comlgroupfcarlcrry/messuge 6120
Cheek them
out and
nomlnate
yolK group
!>nlut ion lei U1e
t1>:1l ash clumping; mnnagtnwnl has cho:;cu tlw. nhtlaullive
approach. npparenth iu
the fnl'C of con-.idernblc technical ililfic:uh\ 111 n:t.lining ash em
btlo8rd for Ull
land dtsposal.
'11wrt' arc grant!> 3\,tilahle huttlwv .ue al \l'l)
low lcvc:ls;
anv umount available would he a drop in tlw l>utktt.
Kill Wordt!n
- In .ul rn '" \olhiiOJi.IHif!\.<'OHI, "Allan
<.:lllnubigclow@ ... > wmll':
>
">Seeing the news LMC is S!.'cking the grant to gel engines
> With the Badger h:mng obtnincd aJil11e lustoncul
Q\Crthc
years wouldn't there be ao;to ho'' It could be modifird?
Also, becauSP of its historic-:tl stai\IS wouldn't llwn he
nvnllablc to
fix the coal ash problem and It <-1111 rem.mt \:oal fired :111d
1>11';)01
Message tT612.0 of 6421 i"rt'V 1 ' '
r)u-.tluu on JC,Hl):L'"f' Rlil
S\tin); till' lll'h'i LMC is WtkinK tlw dw,,.l r ll);lnts With thl'
ha,;n); ubtnincu all Llu. hl,ICJOt'lll dc!.il:nntluu" U\cr lht "'''"'
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l.ast I thl flM\ "il" Slt::!M .
1{,., C)uc,liun tnt lhfil
Ytnh $1b milhrcn 1\ltuld 1:11 fur in l"'.'lllllldm); nntl
floor plnn or 1111' \'!king writ. It llll Ofll'ntliunnl tihiJI. 11w
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www.SOSBadger.com
FOR IMMEDIATE RELEASE Contact: Brandy Henderson
brandy@ ludington .org
231.845.0324
Grassroots Effort to Build Awareness of S.S. Badger Future
May 23, 2011, LUDINGTON, Mich.- In au effort to build awareness and support of the continued operation of the
S.S. Badger beyond 1he 2012 EPA deadline, 7 members of community have joined together to begin a grassroots
effort- Save Our Ship!
Mayor John Henderson, Dr. Bill Anderson, Brandy Henderson, Barry Neal, Brad Reed, Todd Reed and Heather
Venzke have come together to spread the message that the Ludington Area needs the S.S. Badger to continue
operations beyond 20 l2 in order to remain a competitive player in the region's tomism and manufacturing
iuduslries.
"There is a real possibility that the S.S. Badger may have to cease operatioos in December 2012, bur we are hopeful
that tbe S.O.S. campaign will help demonstrate that our communities need the S.S. Badger and influence Lake
Michigan Carfeny and the federal government to come to an accepr.able solution to conitinne operations", John
Henderson. Mayor of Ludington said.
The S.O.S. TaskForce has teamed up with Mayor Justin Nickels from the City of Manitowoc and other members of
the community to take on tbis issue together, as the S.S. Badger's operalions affect both couuxJuoi ties.
"The S.S. Badger is an important asset to both of our communities and surrounding regions," Mayor Henderson
said. "We look forward to working together with Manitowoc and bringing light to the issue at hand' '.
"Tbe S.S. Badger really is tbe anchor of our community; it is the cultlual, bistoticaJ and economic cent.erpiece of
Ludington'' Brad Reed. SOS Task Force member and co-owner of Todd & Brad Reed Photography said.
"The Save Our Sbip campaign is focused on infonning the public of the issue and gathering the community together
to make sure that in the end. the S.S. Badger remains in service". Todd Reed. co-owner of Todd & Brad Reed
Photography added.
Save Our Ship is the beneficiary of the online auction of authentic S .S. Badger and car ferry artifacts taking place
now through May 26u' 6pm ET at www.ssbadgerstore.com/aucrion. Items include a JiJe ring, rare photographs,
captain's jackets. a chad burn and many more histotic artifacts.
The community is encouraged to get involved and join the S.O.S. Team help SAVE OUR SHIP by visiting lhe
S.O.S. websi te, www.sosbadger.com.
###

-
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Schedu._' Froa Big Ship, Mo.. Fun!
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S.S Bpdgrr EPA ManU opnUcotlon
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retrofitting ll.t! lu nm cu cleatu.!r rue! and h \"I! a! read J.lt!nt
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The 41 0' S S. Badger car ferry 1S the fun and relaxang shortcut aaoss Lake M1chigan
for you and your car, RV, motorcycle. truck, or any other type of vehicle!
Schedules & Fares Big Ship, More Fun! History Vacation Ideas
SEND A lTlR TO HElP US SAVE OUR $1IIP
Please pvt your first name, last name and valid oman address below to send Ibis support
emalliD key pol1l1Clans who will have an 1mpact on the fllture of the S.S. Badg1!r
First Name Last Name Email SubmotPetllion
Contact Us
l..o SHIIRE 1J ._ ::J _
we SUbO\It 1111s 1eaer 10 you tn suppon of llle ntstortc S S. Ba<'Oer The S.S BaC!OetiS tne onlr coaJ-lited passenger vusel operabng tn regular seMCe 1n tnE! United
S131es and In her almost 60 years of seMce has camed millions of passengers and coundess amounts or cargo between MIChigan and W1sconsln The Bad9er Is listed
on llle Nabonal Reg1ster of HIStone Places and has numerous otnerawards and designations llldlcatiVe or her proud seMCe on Lake l.ltehlgan
we are aware or tne envtroomental concerns The BADGER does discttaroe tne ash tnat remams frOm oomlng coat'" tis boilers dunno tne course ol1ts 60 lillie voyage
llelwun LUdingJDn. loltcrugan and IJanttowoc, Wisconsin Uulllple tests t1f tndepeMenl E.P A certified lab(atofiu olllle resrdue ha-.1!1 proven tnere Is no harm to till!
erMronment Pleasevtew the lotlowlng Unit to tne EnVIronmental ProtectJon Aoencywebslte Y<llll Wl1h llle Badge(s permll application !1\W(Ca a!MtSwatertnpdesle!Vbadger
The Badger provtoes tnat nave a posUM! tmpaa on tne e!Mfonment In sevtral ways Since 2011111e Badger has moved over 100 mill on pounas orwtno energy
cargo, s<Mng lhe transportallon compames thousands of miles and ellmmatmg lhe lar!Je 11\JO:S from lhe coogesbon or ltte regional hlghwa
1
S}Stems The C81's
molorcydes, RVs and commerdalln.lcks camtd by the Badger eaCh season would require Oef 1,000,000 ganons ofllletto drl\oe ltte distance sa"Yed or aosslng lake
MIChigan Click llle link to see ltte details ofllle fuel savings In the Badge(s EPA permit application aO\'frS>"'atertnQstels!1!ad9riD<!WapoltcaUonlbadger
.wll..ll.
The owners ha-.-e tak:en mulbple steps to redUce llle amount ot ash tnat ts Cllscharged Lake IJidugan Carferry Is aciNelJ 1\Jtls, tnaucrmo
natural gas EngmeeMg was recenUycompteted on converllng 11\e CJoders to bor11 UQuefitd Nawral Gas tnS1eaCS of coal ana tTt eaooer 1& the mooel or a sluiJYbrllle
Creal lakes Uanbme ResearCh lnsbtute on dean enerQi' use m the manbme lndus!Jy While natural gas appears to be the fuel or Ills llrture, more bme ts needed to
develOD th1s a!! a tong-term sotuuon
Your commtunent forlhe erl\.1ronmenl1s matChed onlt lit rour commttment to lt,eep Amen cans wooong The BADGER emplo)ees O'.'er 200 people ano has a CO'I'IDined
tmpaa OfS35.000.000 to the pon cmes ol Llldington and l.lanttowoc. Wllatt\er repoYreMg solut1on ts Chosen lite work Will be cone In an Amen can 'hlf)t'ard cr fomencan
weraers. eJectnaans and olller skilled ttaaesmen Please aslc the U S EPA to Issue tne BADGER th&lr lnOMdual permll as soon as possible The uncertainty Is maldng
lln<llng a soluUon more l.tlehtgan IS a preaous natural resoutct ana II deserws our resped and protecbon oot Ills nol necessllryto oamsh lhe BADGER
The sleamshiP nas oiled tllese waters since 1953 and there is no reason our Chtldren's chlldfen can1 en Jot an on tnts hsloncvessel
Vel'/ ResjledtUIIf.
Apri l 22, 2013
Comment regarding Unite1 States v. Lake Michigan Trans-Lake Shortcut, Inc.,
D.J. Ref. No. 90-5-1-1-10771.
Via email: pubcomment-ees.enrd@usdoj.gov
Kenneth J. Szallai
President
Lake Express, LLC
1\filwaukee, WI 53207
U.S. DOJ-ENRD,
P.O. Box 7611,
Washington, DC
20044-7 611.
Addendum: LMC coal usage 2008-2012.
Source documentation: http://www.sc.-ibd.com/collections/4231083/SS-Badger-Coai-
Invoices-via-MPU-Manitowoc-Public-Utility
SS Badger 2012 Coal Burn, Ash Totals and MPU Coal Supply Overview
S Badger Operating Oates (by Invoice) SS Badger 2012 Coal Usage -total
ype End Date Cost Total Ash Generated (in tons)****
2012 C Reiss Stoker May24, 2012 May 31, 2012 8 16 380.8 s S3,293.0 s 140.0 8.46%
2012 - Westridge Moy24, 2012 May 31, 2012 8 16 95.2 s 10,904.4 $ 114.5 8.46%
2012 C Reiss Stoker June 1, 2012 June 30, 2012 30 104 1456 $ 204,768.2 $ 140.6 8.46%
2012 - Westridge June 1, 2012 June 30, 2012 30 104 364 $ 40,098.0 $ 110.2 8.46%
2012 C Reiss Stoker July 1, 2012 July 31, 2012 31 122 1635.2 s 228,846.2 $ 140.0 8.46%
2012 - Westridge July 1, 2012 July 31, 2012 31 122 408.8 s 45,003.6 $ 110.1 8.46%
2012 C Reiss Stoker August 1, 2012 August 30 ,2012 30 120 1831.2 s 2S6,276.4 $ 140.0 8.46%
2012 - Westridge August 1, 2012 August 30 ,2012 30 120 296.8 $ 32,739.6 s 110.3 8.46%
2012 C Reiss Stoker September 1, 2012 September 30, 2012 30 66 1528.8 s 214,275.6 s 140.2 8.46%
2012 - Westridge September 1, 2012 September 30, 2012 30 66 95.2 s 10,424.4 s 109.S 8.46%
2012 C Reiss Stoker October 1, 2012 November 2, 2012 33 66 930.66 s 130,245.9 $ 140.0 8.46%
2012 - Westridge October 1, 2012 November 2, 2012 33 66 140 s 15,810.0 s 112.9 8.46%
2011 Totals 162 494 9,163 $ 1,242,6853 135.62
Source: MPU invoices (coal totals), coal vendor analytical reports (ash content), SSBadger.com (count of operating days and crossing totals)
Note: Ash per trip/per day totals are calculated using total coal burned (per MPU invoices) and ash content of coal (per MPU spec sheets) and assume complete combustion.
Actual ash/waste totals may be higher and consist of fly and bottom ash.
4.03
1.01
4.11
1.03
4.46
1.12
S.16
0.84
4.31
0.27
2.39
0.36
4.84
Scheduled trips. 2 crossings (1 roundtrip) per day May 24-June 9, September 4 November 2. 4 crossings daily (2 roundtrips) June 10-September 3, 2012. Does not include cancelled trips.
As a result, actual coal ash total generated per crossing totals are slightly higher.
"* Reflects cost for coal including fuel surcharge, btu premium, dock charge and fuel carring(sic) charge.
2011 Ash content figure - actual total may vary slightly. 2012 coal was carried overfrom 2011 delivery. Delivered coal is tested for moisture content and includes percent ash content for coal
with moisture and dry coal without moisture. Figures reflect coal with moisture.
Total Ash Generation calculation reflects total tons burned multiplied by perc-entage ash per spec. Actual ash generated will exceed this due to incomplete combustion.
LMC coal purchases financed by MPU/Cjty of Manitowoc
MPU carried LMCcoal (est. 7560.05 tons)lrom 2011 order for 2012 use.
11/6/2012 invoicing makes note of "Remaining stoker tonnage due MPU"- 930.66 tons.
LMC Invoice amounts for 2012.
Invoice number Invoice Date Tons of Coal Used Dates Used Amount Payment Due
s0018832 7-Jun-12 476 May 2012 $64,197.36 7-Jul-12
s0018868 3-Jul-12 1,820 June 2012 $243,865.20 2-Aug-12
s0018927 7-Aug-12 2,044 July 2012 $2 73,849.84 6-Sep-12
s0018964 7-Sep-12 2,128 August 2012 $289,016.04 7-0ct-12
s0019005 3-0ct-12 1,624 Sept 2012 $224,699.96 2-Nov-12
s001906S 12-Nov-12 1,071 Oct/Nov 2012 $146,0SS.87 12-Dec-12
Total invoiced 9,163 $1,241,684.27
32.21S68
8.05392
123.1776
30.7944
138.33792
34.58448
154.91952
2S.10928
129.33648
8.0S392
78.733836
11.844
775.16
SS Badger 2011 Coal Burn, Ash Totals and MPU Coal Supply Overview
SS Badger Operating Dates {by Invoice) SS Badger 2011 Coal Usage - total Coal Ash Generated by SS Badger in 2011
Tons Ash Content
Start Date End Date Days Crossings* Burned
Cost** Cost per Ton** {%)***
per day I
(in tons) Total Ash Generated (in tons)
May 26,2011 June 30, 2011 34 108 2520 $ 257,796.0 $ 102.3 8.46% 6.27 213.192
July 1, 2011 July 31, 2011 31 124 1950 $ 199,485.0 $ 102.3 8.46% 5.32 164.97
Aug"ii'Si'3f . 2otc
. .. ... em ...... .
... -"''i 41o &46% --"-ti9:2 "-"' <:'--calc noftot
'
total of two August lihe items below

630 $ 82,246.5 $
130.6
::..l
8.49% 53.49 <- calc not tot
'
August Total 31 118 2040 $ 226,489.5 $ 111.0 5.57 172.773
September 1, 2011 October 9, 2011 39 78 1992 $ 260,055.6 $ 130.6 8.49% 4.34 169.1208
2011 Totals 135 428 8,502 $ 943,826.1 $ 111.01 8.47% 5.33 720.06
Source: MPU invoices (coal totals), coal vendor analyt ical reports (ash content), SSBadger.com (count of operat ing days and crossing totals)
Note: Ash per t rip/per day totals are calculated using total coal burned (per MPU invoices) and ash content of coal (per MPU spec sheets) and assume complete combustion.
Actual ash/waste totals may be higher and consist of fly and bottom ash.
*Scheduled trips. 2 crossings (1 roundtrip) per day May 26-June 9, August 29 - October 9. 4 crossings daily (2 roundtrips) June 10-August 28, 2011. Does not include
cancelled tri ps. As a result, actual coal ash total generated per crossing totals are slightly higher.
** Reflects cost for coal alone - Invoices also include fuel surcharge, btu premium, dock charge and fuel earring( sic) charge.
*** Delivered coal is tested for moisture content and includes percent ash content for coal with moisture and dry coal without moisture_ Figures reflect coal with moisture_
LMC coal purchases financed by MPU/City of Manitowoc
2010 MPU coal purchase remaining for LMC use: 5,872.75 tons@ $102.30 per ton+ $8.27 /ton of additional cost- $649,934.96 total est value, unbilled to LMC until 2011.
Remainder from 10,018.75 nt invoiced June 24, 2010 by C Reiss to MPU - $1,048,143 total value -Invoice# CRCC38984.
2011 MPU purchase for LMC usage: 10,189.3 nt delivered@ $130.55 per ton+ $3.45/ton of surcharges - $1,365, 366.21 total order value.
$ 2,015,301.17 total value of coal purchased by MPU for LMC including 2010 carryover inventory (unbilled purchases) and 2011 purchases_
$ 1,018,300.50 total value of invoices to LMC from MPU in 2011.
$ 997,000.67 Approximate total value of LMC coal (est. 7560.05 tons) remaining purchased and financed by MPU (publicly owned utility) for future use by SS Badger.
LMC Invoice amounts for 2011.
Invoice number Invoice Date Tons of Dates Used Amount Payment Due
s0018336
s0018384
s0018425
s0018499
Total invoiced
6-Jul-11 2,520 May/June 20: ######## 5-Aug-11
5-Aug-11 1,950 July 2011 ######## 4-Sep-11
7-Sep-11 2,040 August 2011 ########
12-0ct-11 1,992 September/0 ########
8,502 ########
7-0ct-11
11-Nov-11
I
SS Badger Operating Dates (by Invoice}
Start Date End Date
August 31, 2010 October 3, 2010
August 1, 2010 August 31, 2010
August l, 2010 August 31, 2010
July 1, 2010 July 31, 2010
July 1, 2010 July 31, 2010
May 28,2010 June 30, 2010
SS Badger Operating Dates (by Invoice}
Start Date End Date
September 1, 2009 Sept ember 27, 2009
September 1, 2009 September 27, 2009
August 1, 2009
July 1, 2009
June 1, 2009
May 22,2009
August 31, 2009
July 31, 2009
June 30, 2009
May 31,2009
SS Badger Operating Dates (by Invoice)
Start Date End Date
I
September 1, 2008 October 12, 2008
September 1, 2008 October 12, 2008
August 1, 2008 August 31, 2008
July 1, 2008 July 31, 2008
June 1, 2008 June 30, 2008
May9, 2008 May 31,2008
31
31
31
34
129
31
31
30
9
128
Days I
42
42
31
31
30
22
156
SS Badger 2010 Coal Usage . tota l Coal Ash Generated by SS Badger in 2010
Type Tons Burned cost Cost per Ton Ash Content(%}*** Ash per day (In tons} Total Ash Generated (In tons}
2010 1920 $ 196,416.0 $ 102.3 7.09% 4.125090909 136.128
2010 1566 $ 160,201.8 $ 102.3 7.09% 3.581593548 111.0294
2009 408 s 46,512.0 $ 114.0 6.14% 0.808103226 25.051?
2009 1290 $ 147,060.0 $ 114.0 6.14% 2.555032258 79.206
2010 660 $ 67,518.0 $ 102.3 7.09% 1.509483871 46.794
2009 1860 $ 212,040.0 $ 114.0 6.14% 3.358941176 114.204
7,704 $ 829,747.8 s 107.70 6.65% 5.2287 512.41
... 2010 coal spec unknown% reflects est (average of last 3 orders}
SS Badger 2009 Coal Usage total Coal Ash Generated by SS Badger in 2009
TypeiTons Burned Cost .. Cost per Ton*"IA.sh Content (%}*** lAsh per day (in tons) !Total Ash Generated (in tons)
2009 720 $ 82,080.0 $ 114.0 6.14% 1.637333333 44.208
2008 600 $ 49,380.0 $ 82.3 9.47% 2.104444444 56.82
2009 1920 $ 218,880.0 $ 114.0 6.14% 3.80283871 117.888
2009 1800 $ 205,200.0 $ 114.0 6.14% 3.56516129 110.52
2009 1650 $ 188,100.0 $ 114.0 6.14% 3.377 101.31
2009 510 s 58,140.0 s 114.0 6.14% 3.479333333 31.314
7,200 $ 801,780.0 $ 111.36 6.42% 4.574851485 462.06
ss Badger 2008 Coal usage total Coal Ash Generated by SS Badger in 2008
TypeiTons Burned co stu Cost per Ton**IA.sh Content (%)*** lAsh per day (in tons) !Total Ash Generated (in tons}
08 blend 1770 $ 168,415.5 $ 95.2 7.44% 3.133742857 131.6172
08 stoker 240 $ 19,752.0 $ 82.3 6.42% 0.366857143 15.408
08 blend 1620 $ 154,143.0 $ 95.2 7.44% 3.885909677 120.4632
08 blend 1950 $ 183,144.0 $ 93.9 7.44% 4.677483871 145.002
08 blend 1860 $ 174,691.2 $ 93.9 7.44% 4.61032 138.3096
08 blend 1170 $ 109,886.4 $ 93.9 7.44% 3.9546 87.0012
8,610 $ 810,032.1 $ 94.08 7.41% 5.594747368 637.80
April 22, 2013
D.J. Ref. No. 90-5-1-1-10771.
Kenneth J. Szallai
President
Lake Express, LLC
2330 S Lincoln Memori al Drive
Mjlwaukee, WI 53207
U.S. DOJ-ENRD,
P.O. Box 7611,
Washington, DC
20044-7611
Addendum: LMC price-based competitive efforts vs. Lake Express 2008-2012
Beginning in 2008, LMC has engaged in aggressive price-focused marketing aimed at Lake
Express. Exemptions and extensions have market-altering competitive impacts.
Exhibits:
2013 Google search "best prices" directed at Lake Express home markets and regional
audiences.
2012 SSBadger.com website price comparison page.
2009-2012 "Best Price" billboard posted in Muskegon Michigan.
2012 "Over $65 less than Lake Express ad" directed at Google users seeking " Lake
Express" information.
2012 "Save big" online advertisement run on Milwaukee Journal Sentinel website and on
other Milwaukee media outlets.
2009-2010 "SS Badger Lower Fares" advertising- run tbrough SS Badger accounts and
with utilization of State of Michigan taxpayer funds through T1avel Michigan matching
funds programs.
Ludington Daily News- June 11, 2009 article detailing use of federal and state taxpayer
funds to run price-based advertising vs. Lake Express.
2010 SSBadger.com price comparison page demonstrating price-based advertising efforts
and competitive overlap.
2009 SSBadger price comparison page demonstrating long-running price-based competitive
advertising efforts directed at Lake Express. (Note: price comparisons were posted
5/6/2008)
filt Edit View Favorms Tools Help
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Grand Trunk Milwaukee Car Ferrv Company - Wikloeda the free ...
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SS Badger Home
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Lake Michigan fenv fracas heats up over strmulus application
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Home Sehedull!a & F11ru BIJJ Ship Mol"' Fun! Hlsiory Vacauon Ideas ConUictUa
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2012 SSBadger.com website price comparison landing page.
Billboard placed in Muskegon Michigan outside Lake Express terminal.
Spring/Summer 2012 "Best prices" campaign aimed directed at Google
use r s seeking information on "Lake Express."
Go gle
Search
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Images
Maps
VIdeos
News
Sllopp!ng
More
Mi lwauku. WI
Change location
Show search tools
take exp1ess
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AJs related to IItke express
ss Badger -Slgg soega! t ssbadger com

I"Alylhes ad;?
2 adults and au10 for$ "9 Oler S65 Ius !han Lake Express
' Schedule anCI Fares - Book Now. Maps and Orecuoos
Lake Express - lake MK:h!Qan's Htgh Soeed Ferry
c-om1
Aneriea's f.-rst hlgh au1o ferryhas delighted travel ers on Lake fvfthiQBn w1lh
its unque blend of modom romfort and speed snce 2004
lrlew Rates & Fares Schedul! - Contact Us - F/Cl's
Races rq take express near Mlwaukee lM

www loke-el<press com
2 Go ogle reviews
.l.m..flsllLIIU..L.L.C
WWW lak" tXtlless com
Googe'" page
A 2J30 South Lincoln
f'kmorial OrJVe
Mlwaukee
(866) 914-1010
s 2J30 S Lincoln Memorial
Or
Mlwoukee
(856) 914-10 tO
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ALERT! We' ve revi sed our Pri vacy Policy and TOU. Cli ck here for informati on.
JS Everywhere Subscription: login I Subscribe I Manage Subscription I Help . . Public Profile: l ogout I bugzy ...
WEATHER WATCH Thursd'r June21. 2012
av
,Online
76
Feels Uke 76
High SJC
Low 63
Tommy Thompson holds more lhn a Z1 leod ovu dte closeSt of
party rovals ' " the state's GOP Senate primary race,
according to a new poll by Marquette Law School. Howev er,
undacidad'' 1s in U!C:Ond plac:&. From I aft Jr" (ancfidatc.s: Tom my
Thompson, Mark Neumann, Jeff Fitzgerald and Eric Hovda. STORY
Building collapses in near west
side blaze
Two 'valls collapsed during a major fire
that gutted a three-start building just
west of 1-43 at N. 12th and W. Vhet
streets. ' 34'
PHOTOS: Fore blaces ou r do,., nto .. n
1:0< RAW VJOEO: Fillt alu m firii
Stat9 says it will not approvQ
Milwaukee conditions on Waukesha
water deal (2:14'
GOP House paneJ holds Holder in
contempt (203,
GOT A TIP' PHOTO GAllliY
I
LOCAL CARS.
WEU., SOME FOREIGN.

'#Follow @NewsHub I)LI<e 7
7 ;00 a. m.
6:12 a.m.
5:30a.m.
Yes terda y
I 1:56 p.m.
8:32p.m.
Herber Pointe Apartments
sold for S27 mlhon
Forecast: Slight chance of
rain, then a bit cooler
On Tap: A new beat '" the
park
Building collapses 1n near
west side blaze
Beloit Collet;te professor falls,
dies while on research tnp
,... .. _ ... ; .. .. -- -----J-
W"" Sh!JIA M!f!OQS
Use of
&f.&U.2009 "'a)'22-Me .a & Stpt-embtr 1-0aol:lw 11 LEAYE
LUOIUGTotl, .IRR!VEI.t>ITOWOC. LEAVE MANITOWOC .IRRrJE LUOIHGTON
State of funds to
S S 8adger-1 o.ter fires
G(U1 l lll<e t.tic"''in terry no
IUtl oruasnt)' rus. fafi\CtttJJ'lf

Lake Ermess FerN
Hogh sp .. 4 and IJ<>dem comfon
A triP 'IOU "'On1 lorgtt
\WW ::Q1111
1918 L.lkt>h0101l<,l.lusi<e9on 1.11
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,..
Fetrrl*..etnld'li03nlnOMStte!
FwclO;omlfoa_q"uu
run
advertising to
Michigan Pure Michigan
Google users seeking information on
price based
Lake Express. Some
Lake Michi gan carferry mar keting efforts have
hotel room taxes
been
collected
funded with Federal
HUD grants and leveraged against i n
Ludington, Two Rivers and Manitowoc.
Mw liDil .Qma!l !ll2!e ..
Go ogle
Sea-m I ;;,:=.,:5
--
Wob SbowrwJions Resulls 1 10of about 293.000 fol lllllikmllo fml (
LQUI ! [!)! MU1k92!lo Ml
Sponsed Unrs
Torreun Marina I!!C NWW c:o.m
La!lf: Exore:;s Eera

3003l3kts110te or. l.lustecon (231)
High Speed and Mode<n Comfort
h ut! .Jnd mor1:
A trip I'OU wonl soon forgel
wvru lU'e...xprt.-u coml

demndefS
1Q18 LaY.eshOre Or uuskeoon.IAI

37980ul18crest0r, l.lusY.egon (231) 7801167
s s saoaer -tower Fares
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Yore tiJLI\9 ow luel or sectJnty rees. ramrly tun
'loWII ssoacge1 com
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-
l--..r.o
Lake Michigan Carferry has used Federal and State tax
money to market against Lake Express and to fund
"best prices" campaigns running in Milwaukee and
Muskegon and using the "Lake Express" trade name.
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., ........ "'

rnsull9tf

hn
The 5 S Badger has the best car ferry fares across Lake Mtchtgan We are working hard to reduce operalmg
expenses 10 keep fares as low as possible for OU' customers, with 1 JOI St.U'i !r I 1 io our
f)Ubbshi Fares are 5\tltE!C!
Two adults, two ctllldren and auto One-way Round-Top
Competitor's pnce (Wlth added charges) $372 50 $63500
S.S. Badger 2008 total prtce 25800 44800
1). IJI, .. .;. (' '1 :,_, , I
t87 ou
Two seniors and auto
Compell1ots price (Willi added charpes) $25550 S43500
S S. Badg.er 2008 totBJ price 192.00 33800
.if-\1 hw
' 63.60
s 97.00
One adult and motorcycle
Competitor's pnce (wttll added charges) S149 00 $25000
S S Badger 2008 total price 10100 17800
!li,l.\i . s 48.00
; .... w
Bn<171 wmpelitor pno. &3 ot

Beginning of "best price" campaign in 2008.
April 22, 2013
D.J. Ref. No. 90-5-1-1-10771.
Kenneth J. Szallai
President
Lake Express, LLC
Mjlwaukee, WI 53207
U.S. DOJ-ENRD,
P.O. Box 7611,
Washington, DC
20044-7 611.
Addendum: Additional documentation- footnoted references
The theft :::he
P-C may be th';1n
to-lasttr man out!
It to me tna t yett and CVG
ne:tt step "!is .. a .. vis GSD.,
STATE OF' MICHICAN
COIIUIISIIOH
IJ
Reply to; 3446 Plainfi el d N E
Grond Ml 4
9505
PH: (61G) 364-9464
WILLII\M 0 MllLIK(II Govornor
DEPARTMENT OF NATURAL RESOURCES
STEVENS T MASON HUlL DING LANSING WC.I11GAh 4J 11.
110WAAO A 1AM4[R Dl tfll:lor
Mr, Lee Rosenberg
Environmental Affairs Staff
Interstate Commerce Commission
Room 3379
Constitution Ave. & 12th Street
Washington, D. C. 20423
Dear Mr. Rosenberg:
August 24, 1976
I am enclosing a copy of the rules and regulations of the Michi9an
Ai r Pollution Control Commi ssion t hat you requested during our Auoust
23, 1976 conversation. -
During this conversation I pointed out that we presently consider the
Chesapeake and Ohio car ferries that operate out of Ludington to be in
violation of t he standards for density of emissions . For your information
this 1s covered under Rule 41 on page 22 of the rules of the Commission.
Thank you for your interest and cooperation. If you have any questions,
please feel free to contact me.
LJH:dlw
Enclosure
Very truly )

L. J, Hol mes, Regional Supervisor
Air Quality Division
WlSC .. NSIN
June 16, 2011
The Honorable Tom Petri
U.S. House of Representatives
2462 Reyburn Building
Washington, DC 20515
Dear Congressman Petri:
-DEPARTMENT OF TOURISM-
As Wisconsin's chief tourism officer, I am writing to let you know we appreciate your ongoing
efforts to help the S.S. Badger continue its operation. My job is to promote tourism because of
the vital role il plays 1n the economic development of Wisconsin, and the S S Badger is a key
part of the tourism industry in the Manitowoc area
I can tell you that losing the Badger would have an adverse impact on the Manitowoc economy
and tourism. Our tourism development efforts would be negatively affected as the ship
transports visitors who exchange goods, services and dollars when they pass through this
gateway to Wisconsin. The Badger plays a critical role in opening our state to thousands of
visitors who come by car, motorcycle, bicycle and on foot to experience the wonderful joys
offered 1n Wisconsin - our lakeside parks, inland fishing, rustic roads and friendly people. The
Badger makes it easy and accessible for people to travel to our state.
I encourage your continued effort to work with Michigan Congressman Bill Huizenga toward
finding a solution that will allow the Badger to operate after the 2012 season It is important that
we work together to help the Environmental Protection Agency fi nd an appropriate solubon that
will provide the Badger the permit it needs to continue its service beyond 2012.
Please let me know if there is anything else I can do to help aid this process. Again, I appreciate
your efforts, and I look forward to working with you on this issue.
S1ncerely.
~ w
Stephanie Klett
Secretary
Wisconsin Department of Tourism
Governor Scott Walker
Secretary Stephanie Klett
TRAVEL WISCONSIN. COM
Print
1 ofl
hp://l udi ogtondail ynews . mi .newsmemory.conv'eebrowser/frrure/cbeck 7 ...
Ludington Daily News Ludington Dai ly News 04/09/2013 Page Two (2-a02- ld_0409-ed.pdf.O) Page A02
Mark Mather, assistant operations manager
for Pere Marquette Shipping, takes a photo on
his phone as the Pere Marquette 41 passes by
the SS Badger Monday early evening.
l
mY IKIOE I DAII.'IIIEWS
The Pere Marquette 41, pushed by the tug Undaunted using its new Cummiru engines, passes through the Ludington channel Monday on its way to Bums Harbor,
lndtana.lt's expe<ted to return to Ludington Wednesday mid-morning with a load of slag.
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04/09/ 2013 6:18 pm
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Ludington Daily News Ludington Daily News 04/09/2013 Page Two (3-a02-ld_0409-ed.pdf.O) Page A02
BY STIYE BEGNOCHE
MANAGING EDITOR
T
he barge Pere Marquette .n pushed by
the tug Undaunted - powered 1\<ith a
pair of new Cummins diesel engines
provicling a total of 2,000 horsepower -
left ludington Monday to get a load of
slag at Bwns Harbor, IndJ.ana It marked
the st<Ut of the 2013 shipping season for
Pere Marquette Shipping.
After about a 15-hour trip, the tug-barge
anind in Burns Harbor this morning. The
slag will be brought baclc to ludington to be
unloaded at the Rieth-Riler dock. Accord-
ing to Mark Mather, Pere Marquette Ship
ping Company assistant opl'rations manag-
er, the P.tvL .u should return to Ludington
around mid-morning Wednesday.
Don Clingan, \ice president of lake Mich-
igan Carlen)', and Mather watched Monday
e\ening on the Coast Guard walkway across
from the ludington Municipal Marina as
the P.M. .a was backed out of its slip south
and east of the SS Badger dock, turned and
pushed through the Ludington channel out
into lake Michigan where it turned south to
head to Bums Harbor.
Clingan said it was good to see "the
first IYake of the season" as the P $l .U's
bow pushed through Pere Lake
toward the channel as the Undaunted in-
April 9, 2013 Powered by
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creased speed
The tug-barge has a crew of 10 and oper-
ates at about 10 mph, Clingan said
The P.M. 41 is the former SS City of Mid-
land carferry, v.irich was conwrted to a
barge in 199 7.
low Great l.akesv,Citer levels are a con- Don Clingan waves to the crew as the passes by.
cem to almost all Great Lakes shipping in-
terests, Clingan said. Hmo,'e\er, because the
PM 41 doesn't draft as much depth as lower
takers it is less of a problem.
at the Loomis Street boat launch,
Robert Manglitz, president and CEO of I..ake
Michigan Ca!fen1' and p;nent company
to PM Shipping Co., sat in his vehicle and
watched the P.M. 41 pushed by the Un-
daunted pass through the harbor entrance.
He, too, said it '"CIS good to see the tug-
barge on the lake again_
M:anglitz also noted be believes there has
been good support for the proposed con-
sent decree between IMC and the U.S. F.n-
"ironmental Protection Agency
the SS Badger to keep fhe Badger operating.
Copyright 2013 Shoreline Media, Inc. Privacy Poli cy 04/09/2013 6:20
pm
4/9/2013 1:20PM
DEPARTMENT OF eNVIRONMENTAL QUALI TY
.JE:'\JNFEA M ORA"'HOU;.
..
3171/1
Mr. Kevin Montgomery
CommJndant (GPSR 1)
United States Coast Guard
Room 1400
2100 2nd St reet SW
Washington DC 20593
Dear Mr. Montgomery:
1 \N"' "N \
July 10 2006
DEU
rr VC t-.: r;

We are 1n receipt of Mr Anthony Homan' s tetter of April 24. 2006, to Mr. Ken
DeBeaussaert, Director. Michrgans Office of the Great Lakes. regarding the
development of regulations governing the discharge of dry bulk cargo residue rnto the
Great Lakes. The Office ot the Great Lakes has referred your letter to the Department
of Environmental Quality (DEO) , Water BureCl u, lor response. The Federal Register
requested public comments on this natter by July 3 1, 2006.
The DEQ was not aware of the h;stoncal practice o! discharging dry cargo resrdue/lltter
into the Great Lakes from bulkcarner vessels. Such d;scharges aopear to oe in
violation of Michigan's Nat:Jral Resources and Environmental Protection Act. 1994
PA 451. as amended (NREPA), <1nd not consistent with the provisions of the f eoeral
Clean Water Act. The discharge of litter from water craft or comrnt;1rc1al vesse:!s is
prohibited under Part 95. Watercraft Pollution Control. of the NREPA. The Act ciofines
litter m part. as waste material. debris. 01 other foreign substance of every kind and
descript ron.
The DEO also has some additional cuestions:
Where are tho United States Coast Guard (USCG) approved debris disposal
areas 1n the Grear Lakes?
Do the otner Greal Lakes states have cnvironmontal protection laws similar to
Michigan that may prohibit the discharge of cargo resrdt.c 1'1to the Great Lakes?
What is the estimated nl 1mber of vessels concucting the suoject disposal
method?
If there are existing laws in p1ace that prohi bit such discharges, rs an
Environment<'ll Impact Statement necessary?
C .:JNSTt fUT10N I , . ._L!... 5G, WfS'f 'S f'V bOX J02?:l LANSI NL;. 1\.'\ICrUGAN ol &$1()51 71 :' 3
.... 'WW. IT\oC"'IQI\f\\)0\> l ..SOIJ
TRANS-LAKE-LMTLS-COMM ENTS002892
Mr. Kevin Montgomery
Page 2
July 10.2006
We suggest the USCG initiate a stake holder's collaboration on the vessel discharges in
question and tncluda regulatory agencies from all the Great Lake states. The
worl<.group would provide input to assist the USCG in making a determination on the
appropnate actoon to take in regulating the debris that is currently being discharged into
the Grear Lakes from dry cargo vessels
Thank you for bringing the above issue to our attention and the opportunity to comment.
Should you require further i nfonnation, please contact Mr. William Creal, Chief, Permits,
Section. Water Bureau. at 517-335-41 14. or you may contact me.
Sincerely,
I / / .
i..- I / / 1
f /" ./ .
.
Richard A. Powers, Chief
Water Bureau
517-:335-41 76
cc: Mr. Ken DeBeaussaert. Director, Office of the Great Lakes
Mr. Stanley F. Pruss, Deputy Director. DEQ
Mr. Wtlliam Creal, DEO
TRANS-LAKE-LMTLS-COMM ENTS002893
CARL LEVIN
MICHIGAN
COMMITTU"S,
ARMED SEF.VtCES
RUSSEl.l SiNP,TE 0FF'1Ci BvlOt NC
WASWJN(lT()N. DC Z0510-2202
(202122-221
llnitnt
GOVEP.NMENfALAFFAIRS
SMAll BUSINESS
ALPEtoiA
FCOHAL BUILONG
AouM102
145 WAD""' 311\r:CT
A.lPe'NA. ..

September 30, 2010
Mr. Robert A. Manglitz
Lake Michigan Carferry
701 Maritime Drive
P.O. Box 708
Ludington, MI 49431
Dear Mr. Manglitz:
WASHINGTON, DC 20510-2202
I am writing to express my appreciation for Lake Michigan Carferry which is important
to both Ludington and to Michigan.
The Badger has a place in our state's history. When she began operating on Lake
Michigan more than 50 years ago, she was one of many coal-frred steam ships still in use.
Today she stands alone as the last of her kind operating in the United States. The
Badger' s historic significance was recognized by the U.S. Department of the Interior in
2009 when it was placed on the National Register of Historic Places.
The Badger is also a critical part of our economy. She has transported an average of
124,000 passengers, 39,000 cars, and 1050 commercial trucks annually. She provides
hundreds of direct and indirect jobs in the area. Economic impact studies show that the
Badger contributes $21 million annually to the Ludington economy. In addition, the
Badger has long represented part of U.S. 10 as a floating link to a federal highway
between Michigan and Wisconsin.
The Badger is a valuable economic and cultural asset and I support your efforts to keep
her operating well into the future.
Sincerely,
Carl Levin
CL/pt
DETROI T
471 M!CHIGA .... A 'ltNU (
Sutt& \960
O.. rfi 01r.

ESCAtlAB.A
52. Lt.Ott.IG.TONS ftiiEU

tg()6) 789-00!12
STATE OFFICES
GRANO RAPIDS

Svm. no
110 MIOt lCAH N.W.
C.A.WO ftAPO&,. Ml 49501
(616)456-2531
LANSI NG
124 Wur N.'-t:GAtt
Sun: tS'O
Ml 48933
($111377
SAGINAW
51-i f.jOAfN W,.._$MNC\TQ ...
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5..11.iaNAW, M l 48601

WARREN

SlJIT{ 208
WAA:Mh. Ml 48093
(586)
Unknown
From:
Sent:
To:
Aaron Schultz [ASchultz@lake-express.com]
Friday, April 26, 2013 4:53 PM
ENRD, PUBCOMMENT-EES (ENRD)
Subject: Aaron Schultz, Lake Express, LLC comment re: United States v. Lake Mi chigan Trans-Lake
Shortcut, Inc. , D.J. Ref. No. 90-5-1-1-10771
Attachments: comments- LMC consent Decree AS -Lake Express04-26-2013.pdf; exhibits-AS-
LakeExpress-04026-2013-comment-fin.pdf
Case Number: D.J. Ref. No. 90-S- 1-J-10771
Case Name: United States v. Lake Michigan Trans-Lake Shortcut, Inc., d/b/a Lake Michigan Carferry
Services and SS Badger
By e-mai l pubcomment-ees.enrd@usdoi.gov.
To: Assistant Attorney General, U.S. DOJ-ENRD, P.O. Box 7611, Washingt on, DC 20044-7611.
Please find the following documents attached - all of which comprise the public comment by Aaron Schultz, Lake
Express, LLC in reply to the proposed consent decree with t he United States District Court for the Western District of
Michigan in the lawsuit entitled United States v. Lake Michigan Trans-Lake Shortcut, Inc., Civil Action No. 1:13-cv-317.
Please note: the attached comments are separate and distinct from comments submitted previously on behalf of
Kenneth J. Szallai, Presi dent Lake Express, LLC.
Attached f iles:
Comments - LMC Consent Decree-AS -lakeExpress -94- 26-2913.pdf
exhibits-AS-LakeExpress-04026-2013-comment-fin . pdf
Aaron Schult z
Direct or of Sales and Market ing
l ake Express, LLC.
Mi lwaukeee, WI 53207
P: 414.727.7797
F: 414.489.9455
aschultz@ Ia ke-express.com
Milwaukee WI- Muskegon MI.
Lake Michigan's high speed ferry.
~
LAKE '-......_ EXPRESS
April 26, 2013
Via emai l: pubcomment-ees.enrd@usdoj. gov
Aaron Schu.ltz
Director, Sales and Marketing
Lake Express, LLC
Milwaukee, WI 53207
U.S. DOJ-ENRD,
P.O. Box 7611,
Washington, DC
20044-7 611.
D.J. Ref. No. 90-5-1-1-10771.
Objection to false and misleading statements utilized to influence NPDES permit and
proposed Consent Decree decisions.
As an affected party, I am writing to provide comment regarding the proposed Consent Decree
under which Lake Michigan Trans-Lake Shortcut, Inc. (also known as Lake Michigan Carferry,
LMC and the S.S. Badger or Badger) undertakes to cease the dumping of coal ash and coal ash
slurry into the waters ofLake Michigan before the commencement of a 2015 operating season.
It is our opinion that the proposed Consent Deuee is neither fair, reasonable nor in the
public interest
Additional ly, for the reasons outlined below, material misrepresentations included in the NPDES
individual permit application for S.S. Badger suggest reason for concern that the decisions
leading to the proposed Consent Decree may have been improperly influenced by false or
misleading statements submitted by LMC, or by its agents and supporters acting in concert and
under direction by LMC.
Aaron Schultz, Lake Express, LLC
CoUU11t:nl regar<.ling United State,y v. Lake 1vfichigan Trans-Lake Shoncut, Inc.,
D.J. Ref. No. 90-5-l-l-l077l.
The evidence contained in the LMC NPDES individual permit application
1
suggests strongly that
J,MC knowingly submitted false information and urged others to suhmit material
misrepresentations using information which JMC provided. Those statements concerning
economic impact, employment and air quality benefits of its vessel the S.S. Badger, despite being
factually inaccurate, where submitted and misrepresented to federal representatives and to the
EPA in an effort to influence permitting decisions in favor of allowing continued discharges by
the S.S. Badger.
I ask that the Department of Justice and the EPA to review and take appropriate action to
investigate and correct the following:
Intentional use of misleading and false economic impact and job claims:
The public record posted at EPA.gov contains sigruficant evidence thatLMC utilized fabricated
economic impact figures in order to influence the NPDES permit process and by extension the
current proposed Consent Decree.
In its May 22, 2012 application to EPA seeking NPDES individual permit coverage for the S.S
Badger, LMC provided a document outlining past economic impact contributions from operation
of the S.S. Badger under LMC ownership (1992 to present) along with a 20-year projection of
future economic impact totaling $867,416,102
2
The exhibit was used to support the ongoing
assertion that '1t would be economically and env1ronmentally devastating to have the Badger stop
sailing"
3
and to bolster the thlse suggestion that the EPA pennit decision was one of 'jobs or
environment" despite the existence of feasible and available pollution controls or alternate modem
technologies. LMC continues to utilize this precise argument in public calls for comment on the proposed
Consent Decree. Elsewhere in the application an "$867 million" economic impact claim was also used to
petition the EPA for NPDES individual permit coverage, showing a clear pattern of intent to use the
figure as a centerpiece in efforts to influence EPA decision-making.
4
LMC also engaged in a public relations and electronic email "petition" writing campaign that forwarded
economic impact infonnation to federal representatives and presumably to EPA decision makers closely
associated with the S.S. Badger individual permit application process. One such electronic "petition" over
the course of months urged members of the public, and provided the mechanism for them to email the
claim (via tool posted on SSBadger.com) that $35,000, of annual economic benefit was tied to continued
operation of the S.S. Badger under tenns of the 2008 VGP that allowed for continued discharge of coal
ash into Lake Michigan.
5
1
Lake Michigan Carferry (LMC). NPDES individual pennit application, May 22, 2012.
http://www.epa.gov/r5water/npdesteklbadger/
2
Lake Michigan Carfeny, NPDES individual penn.it application, May 22. 2012. Link: (E)- Econo1nic hnpact of the
S.S. Badger 1992-2009 <PDF) (2 pp, 661K)
:> Lake Michigan Carferry, EPA Fact Sheet, SSBadger.com. August20 12, retrieved October 15, 2012.
http://web.archive.org/web/20121015120143/http://www.ssbadger.com/content.aspx?Page=epa update 2012august
4
Petition to apply for NPDES individual permit coverage, letter to EPA Region 5 administrator Susan Hedman,
November 2, 2011. Link: Lake Michigan Car Ferrv. Inc. SS Badger Petition for Individual NPDES Permit (PDF)
(14 pp, 847K) Nov. 2, 2011
:>Lake Michigan Carfeny, " SOS BADGER" petition to federal representatives and EPA. Retrieved October 15,
20 12. http://web.archive.org/web/20 12 l 015120 139/http://viWw.ssbadger.com/petition.aspx
D.J. Ref. No. 90-5-l -l-l077l.
2
Despite the voluminous size of the S.S. Badger " application," the basis for economic impact claims does
not appear in the public record, yet it continues in submissions to EPA and now in reference to the
proposed Consent Decree. This suggests that either the basis for the claim is documented widely outside
this process or that there has been a continuous and intentional effort to mislead the public and by
extension EPA to the extent ofthe economic benefit provided by the S.S. Badger.
Aside from the lack of credible or available documentation, the presentation and warranty of these
economic impact figures by LMC in their application for NPDES individual pennit coverage for the S.S.
Badger is problematic for the following reasons:
1. LMC has not supplied a study of their own current-day operations, nor have they provided
evidence that any such study exists.
2. The 1990 study (published 1991) submitted by LMC late in the NPDES individual permit
application process studi es a separate and distinct cross-lake rai I road freight hauling operation
that operated the S.S. Badger, not LMC.
3. The cited study has no factual relevance to LMC' s operation. as the source material is a 20+ year
old study of a year-rmmd railroad car operation
6
that pre-dated LMC operation of S.S. Badger by
2 full years. Current-day S.S. Badger operations are seasonal and do not include rail traffic, nor
do they utilize a unionized rai l road workforce or support manufacturing activities even remotely
approaching the scale or character ofwruch are reflected in the 1990 study ..
4. The cited study utilized a statistically irrelevant phone survey of only 196 people conducted in
1990.
5. The 1990 ridership study examined a statistically insignificant sample of 35,000 who rode in
1990 and tried to project economic impact against a hypothetical 80,000 riders -its 1991 findings
were based on assumptions, not actual data.
6. Current Manitowoc economic impact numbers, as provided by LMC, are clearly and wholly
invented as the cited 1990 study focused only on Ludington and does not survey or otherwise
examine Wisconsin port impact. (Additionally, S.S. Badger sailed to Kewaunee, WI not
Manitowoc, WI in 1990).
7. The 1990 study finds di rect employment of only I 07, different than LMC assertions by several
factors of magnitude.
8. Indirect employment findings and economic impact calculations in the 1990 study include a large
number of workers tied to railroad-based manufacturing industries that no longer exist.
9. The 1990 study relied on research dating back as far as the 1970s.
10. The 1990 survey reported a level of confidence of only 6 percent, meaning there is a 94% chance
the results are inaccurate.
11 . The 1990 study does not provide any projection of economic impact over the years L992-201 2,
nor does it provide projections through 2029 as suggested by LMC in their NPDES application.
The stunmarization of the source material is invented and not based in past research or currently
acceptable sampling or analytical methodologies or models.
Because of the reasons outlined above, all assertions in the NPDES individual permit application for the
S.S. Badger regarding economic impact should be reviewed to ensure that all information in tllis matter
adheres to agency-accepted methodology for economic impact analysis (EIA), if basis for the claim
can be confirmed to exist at all. Likewise any use of the same claims, specifically with reference
6
Attaclunent to LMC Response to EPA Jetter dated August 29, 2012- Economic Impact of the Lake Michigan Car
Ferry Service, West Shore Community College. March 1991: Linlc Response to Items A-E in EPA's Aug. 29. 2012
letter (PDF) (57 pp, 7 .1MB) Sept. 2 .I, 2012
D.J. Ref. No. 90-5-l -l-l077l.
3
to the invented claim of $35,000,000 (elsewhere $40,000,000
7
) in annual impact, made with
intent to influence the review of the proposed Consent Decree, should be reviewed and addressed
using all available remedies.
All economic impact claims made by LMC should be reviewed to determine intent and effectiveness in
influencing the NPDES individual permjt application process for the S.S. Badger and subsequently, the
proposed Consent Decree. Where improper influence has been fot111d, appropriate corrective action should
be taken. Similar efforts should be made to assure the public that this and otber related agency activities
have not been improperly influenced by false or mjsleading statements.
Inconsistent and misleading claims regarding LMC employment.
In addition to false, fabricated and misleading claims regarding economic impact directed toward
EPA during the NPDES individual permitting process, LMC also directed misleading statements
regarding associated direct and indirect employment benefits. Specifically, the November 2,
2011 petition for NPDES permit coverage includes a report of"700 direct and indirect
employees" under threat from EPA enforcement action.
8
As noted above, the NPDES file does
not provide any evidence of a study or other data submitted to support this statement. As in the
case of unfounded economic claims, LMC has utilized and continues to utilize a variety of
questionable direct and indirect employment claims in public relations efforts and direct
electronic "petition" appeals to federal representatives and has provided tools that urged
members of the general public to send the same to NPDES permit decision makers.
9
The same misleading and unsupported employment statements are included in the-May 22, 2012
NPDES individual permit application submitted by LMC and reads as follows :
"Just as in 2008, the cost of achieving zero di scharge through any of the options
described above is technologically infeasible and economically not achievable at this
time. Any option would result in the direct loss of about 200 jobs supported by the
vessel's operations and a potential loss of over 500 additional vessel-related jobs that are
indirectl y supported by the Badger's operations."
10
While LMC claims " 700 direct and indirect" employees in its efforts to assert economic clout,
the company has made separate conflicting statements elsewhere in the federal record. In April
2008, S.S. Badger owner Robert Manglitz submitted the following statement to the DOT whlle
7
Cbarles Leonard, Supplemental submission, LMC NPDES individual pem1it application for S.S. Badger, page 72.
Linlc Supplemental Submission for NPDES Pennit (PDF) (78 pp, 321K)
8
S.S. Badger petition for lndividual NPDES permit, page 13. Lake Michigan Car Fenv. Inc. SS Badger Petition for
Individual NPDES Pennil (PDF) (14 pp, 847K) Nov. 2, 2011
9
Lake Michigan Carfeny, "SOS BADGER" petition to federal representatives and EPA. Retrieved October 15,
2012. http://web.archive.org/web/20 121015120 139/http://www.ssbadger.com/petition.aspx
1
Charles Leonard, Supplemental submission, LMC NPDES individual pemtit application for S.S. Badger, page 72.
Link: Supplemental Submission for NPDES Permit (PDF) (78 pp, 321 K)
Conm1t:nl regar<.ling United State.Y v. Lake 1vfichigan Trans-Lake Shoncut, Inc.,
D.J. Ref. No. 90-5-l -l-l077l.
4
protesting ADA requirements for the S.S. Badger, It revealing the true makeup of the SS Badger
workforce and rai sing doubts about "indirect" employment claims.
Our sailing season fits so well with coUege and high school schedules, a latge
majority of our employees are students between the ages of 18 and 22."
And later in the same statement:
"As a large majoritv of our employees are students, the longevity of their
employment is, at the most, one or two seasons."
The 2008 statements provide context lacking in the 2012 NPDES individual permit application
and certai nl y suggest that claims regarding S.S. Badger employment have been presented in
intentionally vague or misleadi ng terms. It should be noted that the vast majority of jobs created
by the Badger are seasonal in nature, at or near minimum wage and are never presented by LMC
on a "full time equivalent (FTE)" basis (as is the industry standard) in an effort to inflate
apparent job impact. Previous statements have suggested that the bulk of positions provided by
modern-day S.S. Badger operations bear virtually no resemblance to the full-time, year-round,
unionized railroad positions that are represented in the 1990 West Shore Community College
economic impact study that is part of the May 22, 2012 NPDES indi vidual permit application
submitted by LMC, a study which was presented as support for economic impact claims
elsewhere in the application.
EPA and DOJ should audit and properly review S.S. Badger employment claims to remove false,
erroneous, inflated, undocumented or intentionall y mi sleading claims regarding direct or indirect
employment. Any S.S. Badger employment figures used in should be converted to FTE basis and
assessed using agency-standard Economic Impact Analysis standards or suitable equivalent
methodology.
All direct and indirect employment claims made by LMC should be reviewed to determine inteot and
effectiveness in influencing the NPDES individual pem1it application process for the S.S. Badger and
subsequently, the proposed Consent Decree. Where improper influence has been found, appropriate
corrective action should be taken. Similar efforts should be made to assure the public that this and other
related agency activities have not been improperly influenced by false or misleading statements.
False or misleading claims about Air PoiJution and non-water quality pollution reduction
benefits of S.S. Badger:
The May 22, 2012 NPDES individual permit application by LMC also provides false and
misleading statements regarding pollution reduction benefits gained through use of the S.S.
Badger with specific reference to commercial tntck traffi c diverted from highways and roadways
to the ship. Within the application the following specific claim is made:
11
Robe.rt Mangljtz, Comment on tbe Department of Tmnsportation (DOD Rul e: U. S. DOT/OST -Transportation
for Individuals With Disabilities: Passenger Vessels, April 29, 2008, DOT-OST-2007-26829-0187,
llltp://www .regulations. gov/#!documentDetail :D=DOT -OST -2007-26829-0187
CoUlllit:nl regar<.ling United State,y v. Lake 1vfichigan Trans-Lake Shoncut, Inc.,
D.J. Ref. No. 90-5-l -l-l077l.
5
Non-water quality environmental impacts
As discussed in Section II.C above, the Badger provides feiTY service to thousands of cars
and trucks each year and saves an estimated 1 million gallons of gasoline and diesel fuel.
These reductions equate to annual air pollution reductions of more than 4.3 tons of total
hydrocarbons, 100 tons of carbon monoxide, 20 tons of nitrogen oxide, and 1000 pounds
of particulate matter.
12
At the same time LMC was seeking individual NPDES permit coverage for the S.S. Badger, the
owners of the S.S. Badger were part and participating in a study of S.S. Badger emissions and
fuel alternatives through research by the Great Lakes Maritime Institute (GLMR.I), utilizing
federal grants from the U.S. Department of Transportation' s Maritime Administration. An
October 24, 2011letter from Richard Stewart, Co-Director of GLMRI, citing the S.S. Badger as
a model in the study, was also included in LMC grant applications seeking federal funds via the
State ofWisconsinY
Despite knowledge of and participation in a study of S.S. Badger non-water environmental
impacts, the work product from the study does not appear in materials submitted by LMC to
EPA during the NPDES individual permit application process or the subsequent negotiation of
the proposed Consent Decree.
The results of the study showed significantly more air pollution generated by the S.S. Badger
operation than if vehicles in the study were to drive around Lake Michigan instead. This finding
held true for carbon dioxide, oxides of sulfur, oxides of nitrogen, methane, carbon dioxide, and
particulate matter. In the case of particulate matter, the coal-burning S.S. Badger generates
10,000 times more pollution than the non-ferry alternative of driving.
14
Yet LMC falsely claims
its vessel operation reduces air pollution.
It appears that the EPA was not given the full benefit of available research to determine the
accuracy or reliability of assertions regarding non-water pollution benefits of the S.S. Badger.
Nor was LMC forthcoming in disclosing ongoing analysis of the subject. By its omissions, the
LMC statements on the subject appear to create and perpetuate a deceptive and false conclusion
despite the company' s role in generating alternate studies of the subject.
Despite completion of the S.S. Badger emissions study sometime prior to the September 2012
GLMRI affiliates meeting held in Duluth, MN, LMC continued as recently as January of2013 to
use false non-water pollution benefits statements on an electronically distributed "EPA fact
sheet", an electronic '' petition" tool and in public relations intended to influence the EPA permit
12
Charles Leonard, Supplemental submission, LMC NPDES individual pemli.t application for S.S. Badger, page 72.
Link: Supplemental Submission for NPDES Pernli.t (PDF) (78 pp, 321K)
13
Richard Stewart, GLMRI letter of support, October 24, 2011. htro://www.scribd.com/doc/939390 11/SS-Badger-
LMC-grant-appllcation-State-of-Wisconsin-75-000-natural-gas-studv
14
Dr. James Winebrake, Rochester i nstitute oj TechnoLogy and Dr. Jnmes Corbett, Comparative Model of Maritime
Fuels Using the S.S. Badger University of Delaware
llltp://www.glmri.org/downloads/20 l2Reoorts/affiliatesMtg!WinebrakeandCorbett.odf
CoUlllit:nl regar<.ling United State,y v. Lake 1vfichigan Trans-Lake Shoncut, Inc.,
D.J. Ref. No. 90-5-l-l-l077l.
6
process.
15
The willful fai lure to clisclose the results ofL::NIC collaboration with GLMRI could
reasonably be construed as an effort to perpetuate false or misleading statements about S.S.
Badger pollution, and to allow or encourage others to use the same in efforts to influence the
EPA during consideration of the NPDES individual permit application for the S.S. Badger.
Given the incomplete and potentially misleading claims made by LMC with regard to non-water pollution
impacts by the S.S. Badger and efforts to influence the public to submit the same, these efforts should be
reviewed to determine intent and effectiveness in ]nfluencing the NPDES individual permit application
process for the S.S. Badger and subsequently, the proposed Consent Decree. TI1erefore, any
communications of support for the proposed Consent Decree referencing these false and misleading
economic impact results should be discounted in EPA/DOJ considerations. Where improper influence has
been tound, appropriate corrective action should be taken. Similar efforts should be made to assure the
public that this and other related agency activities have not been improperly influenced by false or
misleading statements.
We ask that the Department of Justice and EPA acting on behalf of the United States to give
accurate and full review of all LMC, associate and affiliate claims with regard to economjc
impact, employment and non-water pollution impacts. Where inaccuracy or inadmissible
information is found or where the record has been shown to include false or misleading
information sufficient to unduJy influence the proposed Consent Decree, we ask for publ ic
response to enumerate and properl y correct the public record and to counteract the publication of
said information on EPA web servers. Where evidence suggests that misleading or false
statements have been provided intentionally in an effort to influence the NPDES individual
permit application, the subsequent proposed Consent Decree, or members of the general. public
through subsequent publishing and distribution by EPA we ask the DOJ and EPA seek
appropriate remedy as allowable by law.
Respectful I y
Aaron Schultz
Lake Express, LLC.
15
SSBadger.com, EPA Fact Sheet and "SOS Badger" electTOnic petition tool, retrieved Janual)' 10, 2013.
llttp://web .archive.org/web/20 130 I I 02114 35/http:/ /www .ssbadger.com!home.aspx
D.J. Ref. No. 90-5-l -l -l077L
7
April 26, 2013
Via email : pubcomment-ees.enrd@usdoj.gov
Aaron Schultz
Lake Express, LLC
Milwaukee, WI 53207
U.S. DOJ-ENRD,
P.O. Box 7611,
Washington, DC
20044-7 611.
D.J. Ref No. 90-5-1-1-10771.
Supporting exhibits:
1) Steve Begnoche, Carferries Wield Major Economic Impact Here, Ludington Daily News,
March 6, 1991.
2) August 14, 2012 S.S. Badger facebook posting promoting "EPA Fact Sheet" posted to
SSBadger.com
3) August 2012 "EPA fact sheet" posted to SSBadger.com
4) August 23, 2012 "Sail Mail" emai l newsletter encouraging recipients to contact EPA on
behalf ofLMC using online information and tools posted at SSBadger.com
5) Screen capture showing online "petition" tool posted to SSBadger.com and used from
August 2012 through January 2013.
6) Screen capture showing SSBadger.com home page promotion of "EPA fact sheet" and
online " petition" tool in January 2013.
7) March 2012 DOE/Wisconsin DOA grant agreement signature page.
8) October 20llletter of support from GLMRI confirming LMC collaboration in fuel and
emissions studies using the S. S. Badger as "pilot" and "model ."
9) September 2012 affilates meeting agenda showing completion of S.S. Badger air
emissions study.
1 0) S.S. Badger emissions study: Comparitive Model ofMaritime Fuels Using the S.S.
Radger. Dr. James Winebrake, Rochester Institute of Technology and Dr. James Corbett,
University ofDelaware

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Passenger survey shows
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facebook ~
S.S. Badger : lake Michigan tarferry '377 :e th:S
~ U k e
For the latest mformaoon on the EPA, please see tlus tnformatlon that we posted on our webSite about
an hour ago:
http://www.ssbadger.com/content.aspx7Page::oepa_update_2012august
Like Mochtgan Cen...y- S.S. Badger
EPA Updet.O FKts
a In 2008 lhe PrDIKlion Agency (EPA) mu.d a (VGP)
chat regulates ON:ldenw 10 lhe ,.,.,.... apenbon of mant1ma vusels Coal ash ,. """
of 2S d.scllerge WNMS bv 1M VGP
b Nol ody ""' LMC My complied wlit the EPA petmo\ they ata eurremty opefallng under.
wiiCh lies p..t In piKa MI>H ol tile a.dget tncludong""*- <I un
!he el<tu- eonc.nt of tile coal a\c In atldibon. ... luMt upgra<Md 1l1e vesMI so tN1
we have coal uu At !he same lorNI, we fould to redLi<a disclwges
""ludlng USJn9 1 muc;h mora expei\J,.,.. and effie,. type of coal
c LfACwasruueda toaper.olo OJnlj Oe!oem!Mr19, .2.012 ...c:t wn byh EPA
to PPIY lor., Na-' Polll/l:lo<1 O!sellltgt E\mona11011 Syst.-n (NPOESI lndMduel tiP I
un<Mr the Clun rl. at lhal bme an elt.ma:lve IM:hnoiOgy technologiCal)
i:!feasrbla and and tmpBCtle.tlia 0/ld OS long OS tilt dlscllarge
eornplles Wdll EPA slalldafds
d U.IC llu spent time & money lmes!lgafin; a.'Wna!lves to etmnote the dJschqe locludin9
Slo!ege on board and dsspouli:! alaN! I replac>ng lhe cOil Wdh dleHt lllld eomplr.ltly
remcmng lhe Ntlllling etwN fiY$141111 .. ll!lllfiiCball
or p<ohbuwty .......... fhts ,. """' LMC uetng., NPOES lndMduel Pemw 11om the
EPA
2 Sta!us of EPA a COII&Idenob011 of UJC's /lldnnduJII "-'mil app/IUbon
e lMC sWied the procHS ol ... lung ""EPA ondMdual permilwt.n ww mfi 'Milt EPA
t..odquo<1orw Sl" 1:! Wnlongllll\ 0 C ln June. 2011 O<rlng lin lnO*Irlg .,... -e <nsbvct.o 10
'Mill EPA Rligl0115ln Cl*.ago IL We immedlalil!y schedrJQd a ll1>!etlnQ ,.41111w EPA
6 mlf, 11 whlc:h 111M we frrdlcat.d 111.1rlnlanl to apply petmlt [)up Ia our
cleat utdocat>on lbat v.a ware r .. dy ID 1110\ .. IO!Wa!d In June 2011, EPA $drd not raspond
to us llnU OciObat. 2011 at 'Whrch lime RegiOI\ 5 starr lold us ,... -..klt.av. to petition :lMI
a$klriQ for pamu1W01110 apply lor an llldMcluGI peiiM
b LMC IS !he ht compln)' avet reqund to aslc pel1!ltSSIOn to fila a peflTIIIoppliallOil We
submr118dthe1000+peg41 app6cellonto apply' 1ft Nowmbef. 2011 EPAgne us
apply IOf "- NPOES lndMdual Pemllli:! Felwllly, 2012
e H3mg ba&J1 /ino!ly gsanted to apply .n M.-, 2012. LMC sublnli!ad a 1,000 pega
apploea!lon tiiJI was fitedsewn I'I'IOIIIhs deadline wt l;y tho EPI\. 1')le apploca:.on
ineludu muitp!a s.l* ol18sa 8llllyzing the coal ash under federal IIlii sw.e
standards-.,... tOO pages ofl8st<0$1111s
d The also Of1clu<Ms a c01111nwlg tornmllmanl to lttsl to.al ash to make sura
conlinun to m .. c EPA standardt coobrouing convnilrnetlt to tool< for. and rl po$sible
wnplemenc.e to elomiM!a 1M completely nckld.ng w1h suong pote1llial
coal W'l!lloq\ad natutolgas I'Mnon n.. yhiS, and a cOI\bnuong rpotlirlg ID
EPA so rl can conlitm LMC's tile oaw jl@fl11411ld effOIUIO tbe gre-1
lhp on the Gtal! lakes.
a 8acll."' Ncmmbar2011, !1<"&" lheltnpel'odallg of wrcutmttpam11t end ""thno
daflltmalrne ffCITIIi>a EPA lire invol\.ed Coog .. ssmen Tom Pain Btl and o.n
a.Mh9k a to1ubotl.
b In late 2011, lhe Us Howe of 1&110uasoe to e.Ktend tile regulatiOnS
under MilCh lila !lodger IS CUIT&n!ly opat8lll1g Ill a Coast GIUifd policy boll Some OUQgeslad
Ina! the leglSiatlw ler>guaga eumpted the Badger from tn. EPA lUlu, actudy It freezes lo piau
ll>e e)llst>ng EPA 1\lla. gC!W'mlng the Bedg<!L The S.n&te'.s ""l'SIOI\ of tiWS Coeat Guerd hn
not1CI been vcr.ed on but olter tho Sci!O!e doc$ ltOCe on Cht:> bOII !whoch doc$ not c0fti4AI
language lo the lnQtnbe,. ofll>e H-alld Senata wt c-ne
conftienc:e COf'nl'nii!H to and recorda enydtff.,.ncas be-tiM two blls 1M
a.dger llrng1J119e VII ba on. of lila '"""that rnus1 ba negoa.t<
4 LMC a pwrrn$:0/M ID cunbfJU. operelsng liuJ 8tHJger lD gmo .adibOtml 11,.,. ID can-. 10

a WJR LMC fin 10 diSI!Ii$s a number or opllons foe !he chch.lrge of coal ash
lMC btileves lh<rl llllllllll gas e V!Oble soUJ0n and LMC has talten IIWlllbel of
steps to convert the Badge( to operate on natul'lll gas. Nanni gas, pal11CIIIarl)' naturai
51as (LNG) ts 1M hlel or 1M fiiWn !of Ole manum. l!>dwtry, wilh mot"Y PfO!"ds und..-y
and tn 1M US LNG n leas and cle- e WWI
D Alrtady, 1118 Ballgers civet angiN!ers 1\ave ti&IMig on 1118 uu ol na:llllll gas fl.leJ
c The Gtelilau Man!ime Research lnsi!IU'.e (Gl.MRIJ has made the Bige( the model
vusetes pan or a study fund.c! by a new $600,000 federalgralll deS'1jned 10 make Great U)(n
s:eamtllipt greener
d LMC has recently the -..gir>e4!M!1 on conwrtirlg 1118 boilera to bum LNG
This engonumg was suPP0'1*d by a S75.000 gran! 11om the W!SCotW'I State Ene!gy Offce and
e $32.000 grant from the Mcc1V9an Enelgy Offic:e
"- WWie tn.! LNG cs the b8$11oog te<m SOlution. the soluiiOII could lake u-al
InOla yNB to cmplement
._ LMC'a p<trMIIepplieallon 1M coelesh III>CIMf41de(al
end state en\IIIOIII'IIeiMI standards. Of IN 116 conslihlen!s luted for"' the Bad!ler disdlga
USing EPA apptO'Md tetbng IMihods. on!) 28 were deiec!ed end they are below leftls of
concem for applicable wat.r qua:Jty SWlllards tn Mcchgan and W.Sconm
b The mount or araaniC end le.ed en"'" ca.! uh Is 110t only belo'.ot
"'OUid IMII.e Mmllul. but htmdreds olbmes lower l)lan 'tWiat acn- to
dscharge onto lal.a l.lcchlgan
c Whol e altilce amount present In some of Ill coat uti "Is
be!ool thol Mtdljgon end Wisconsin weter qlle"Y stanclerd to pr'O(ect lffit
d The t.lotllauiee MeiiOpala;an Oistrlctos dowed 10 disc:h.itgo 60 - 1n01e lead on
on annuAl bos;s Chan IS'<> the c.oal aoh dis<:lmcga
e less ll1an a lractoon of an of metcuty IS dcsclwged 111 the Bedger coel ash nell year
at rates II WOUld llll.e )'eatS foe IN tsh discharge to resu111n an ounce of 1'1
L.ok1l Mchlg ...
f Accord.ng to a study (Aigonm tile itterege oll118rcucy -*"'ed
to bl discharged lnlO lake p911T111holdera each day IS &bm\lslliglterlhan
U.. amount of merclf)' 1n tile Bodga( s cCNI a5h dcscharg.c! by tile Badger 111'1R a lilA S84SOI1
and on aver.ge abOut 10 tn'llM mar& rnercwy pet yur then lhe
g The liMbidl\y levtlin the ash dcsc:harge (how "cloudy 11could tha water) nu been
dolerrranad bt 1M Glut Lakes Env1ronmental Contar to be so low tl1et there IS no lndiRIIon lho1ll
'MIUid l>e halmlul to lillY aqvaiiC
a of lhe Badger cannot The ec01101RJCmpact of the Badger II
enonnous for the Stales of Wiscomm l.fchigart EcOI'omle stiJd as ohow that
Badger conlliCKJtes OV8J' $14 1!1'llloll atiiiWify to lila city of MaMowoc. and rw.r S21
a!W1U61ly to cley olllidcngton. Ml 1M eq11&1n SS70 ..,.., (OV8le helf of e BILLION
doltats) total on boll\ paris stnC8 1992 v.iwn LMC took owr ap<trellons
b Not clop ihla bmg lCKII!sm lila !he Badget helps lotcctwgen and
WKOIIWI companiU get to itRd fasler The Badgercemn
samMtll<.u and olher letga CMOr.cfinwnlional ltucu hauling u.m. sud! on........, -.w
menufaetuJed Ill Mentowoc
c l'llltls to -..y nolhlng of the lit$ def!Wd from lilt Bedger'a operabon. In
adcftllon to lransporti'lg lhouundt of people bet.\'"n r.tanotowoc and ludlfl!llon .very year the
Badger ca'"" and od'!Er !atge over-dlmensloN>IItuck s, catW, and oChG< wklc!H
ecross Mic.hlgon. SIIIIW'9 one rnilion gaJons or fuel each ya.ar This wectly to
red11ted u pollubon inci\.OIIng a 4. 3 raduct>on on a 100 ton ...ciucborllll c.lll.bon
mono.xide, a 20 10!1 redu(llon tn NOx (oxides of MJogen) end 1,0S9ron tedlletion.n panocu!el&
mauer (le. dllt In the u )
d Wdhoot lhe Badgar not only W<>Ukl thes.e benefds dluppur lheo.e vehl<lu IMCludu>!I.IM
o\19!51Ud senn WCKlld be forced to ll'IIY81 on highways tlvough I,A'Multee and 'IJOUIId l!le
llftla 1!11wre hlglwt8y are rootOI!O<ISiy congested TM would add safely
concerns in. IIlaH wge when er.a9
Gmail - The S.S. IJndg,er needs your help! hups:l/rnail.googJI!.comltmil/'?ui"'-2&ik=6See22536e&view==pt&q=epa.&q ...
I of3

I
Aaron < @gmail.com>
The S.S. Badger needs your helpf
1 message
lake Michigan Carferry <info@ssbadger.com>
Reply To: lnfo@ssbadger.com
Thu, Aug 23, 2012 at 9:59 AM
To: @gmail. com
Having trouble viewi ng t hi s email? Cl i ck here
August 2012
Lake Michigan
Carferry
800-841-4243
www.ssbadger.com
Ludington, Michigan
Greetings!
In this yot/11 see details on how you can make your voice count
in support of the s.s. Badger;s application for a new EPA permit. as
well as details on a landmark moment in the history of Lake Michigan
Carferry and information on some very special passengers that
travelled recently.
Support the S.S. Badger!
We have launched a petition letter on our website so that
the
thousands of Badger advocates have an easy way to let
their voice be heard by some of the politians and
government agencies who will have an impact on the
future of the Badger. This letter provides the facts
regarding the Badger's ash issues and the plans to
convert the Badger to a clean alternative fuel source.
Cl ick the link below, then fill in the fields and click the
button to have the letter emailed to multiple Governors.
Senators and admini.strators involved in the decision
-l/24/2013 11:01 AM
TRANSLAKE-LMTLS-COMMENTS004938
Gmail- The S.S. Badger reeds your help!
2 o3
TRAVEL
W\SC-NSIN
- .COM-
Manitowoc, Wisconsin
FUN IS O UR G AM El
Shop till you Drop!
Badger Boatique's
Annual
Employee & Community
Shopping Nights
https :II mai l.google.com/mai 1/?ui =2&ik=6 5ee225 36e&v iew=pt&q=epa&q ...
about the Badger's future.
http://www.ssbadger.com/petition.aspx
We need your help, let your voice be heardl

www.SOSBadger.com
S.S. Badger Milestone
2,500,000 Passenger will sail this season!
We are excited to announce that the 2,500,000
passenger since the 1992 rebirth of the S.S. Badger
will be booked for passage aboard a regular
scheduled by August 29th or 30th!
The S.S. Badger has been an icon in Ludington for nearly
60 years and to commemorate this passenger milestone the
2,500,000 passenger wi ll be awarded a prize package valued at
over $1000! Including a free annual passage aboard the
S.S.Badger for LIFE! A special tour of the Pilot House and
photos with the Captain, in addition to many other fun prizes.
In addition, each passenger sailing on this special day wi ll have
an opportunity to win a free crossing for our 2013 sailing
season!
We feel that holding the celebration aboard the Badger will be a
special way for our passengers to observe the Badger' s
longevi ty and historic significance to
Ludington Ml, and Mari towoc WI.
Will the 2,500,000 passenger be you?
4/24/2013 11:01 AM
Gmail - The S.S. IJndg,er needs your help! hups: l/rnail.googJI!.comltmil/'?ui"'-2&ik=6See22536e&view==pt&q=epa.&q ...
3 of3
Employee Shopping
October 5th at 7:45 pm
After docking
Pop a balloon for extra savings
for up to 45% saving!
Community Shopping
October 6th at 7:45pm
After docking.
Enjoy refreshments
Huge Savings ..
Here Comes the Bride!
Congratulations Katherine & David
Katherine Connor, 50, of Neenah, WI and David
Harrison, 60, of East Lansing, MI., connected online at
the eHarmony's dating site In February 2012 and met
for the first time outside the Lake Michigan carfeny
ticket office in June 2, 2012.
Officiating this unique wedding was our own Manager
of the Manitowoc Ticket Office, Del Whitmire.
You can view their interview and wedding album by
visiting the:
Manitowoc Herald Times Reporter
http://www. htrnews. com/
Forward email
r
Update Prolrle/Emall Addf'egs Instant removal with 5ateUnsubScribe"" Privacy Polley.
Lake Michigan Carfeny 701 Maritime Dr. Ludington MI 49431
-l/24/2013 11:01 AM
liiii
Home

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Ill(; SIIII, JlfJN!
Tho S S Bocl$e< cer.ferry b lhc !lin and relmcongshartCUI8CIC>$SLDIIo
fOf you and ';'OUr car, R'l, rmtorcyde; lrodl; cw ony Olilor rype ot vehicle'
Schedules & Fares Blo Ship, More FunJ History Vac;ation Ideas
l:S:H )(
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SE.D AI..TTEA T8 IHI US OIR Sll'
" PIHM put your first " ome, lill Mmo ancl aclclresa below 1o Ancl tftb support
emOJi to key polUCUns wllo wQI have an lmPICI on 1M fulu111 of Ur8 S.S.
thmt .r Lultlamt I Email [ I
ToclatV.I SUOI'IIIll!81tl er lGJOUtn SlqlpCHI Ollh IIISIOIICS.S BadQel ThtS.S 83d0erts ll'!t 01'11, I)UUilgthMStl S!l'.'lCII Ill Ill lli'Uted
st..tu and mnor oturA<o hat .,.....dm""" otpu .. no,.. :and counftJs Ui11>f9"" tnd Wlsc:oMln Tho. B<lgortotJt-.i
on lilt ofHostoru:Piaces anahas numerous Ofltl.tW31ds anc1 <ltslon;>IO1a III$Ql/1'1 ollltr prouo siM<lt on LJJ<e llldugan
We e aware ot tile tn.lronmtl'llal (OOI)QfTI$ The e.IOGERoou Olsdlargt lht ash tnlll ttmaJnstrom DUm<ng coa1111 tl$00lltrs <IUIWiglhe CIXJI$t of liS GO miiOVOf<l9t
DeMeenlurJnQion Ulchlg;n 1114 11anuowoc. l'l'lsconsln t.uluptuesa E.P.I, cel1ditdla1118tOtlea Ollhtltii<IUe hJ'Itii!O\tn li'IKttsno llarmtolnt
Please 'llt'W lit IOIIO'MIIO link to 11\t En.1room..,tal ProtKUOI\ wtbSIIt "''"' lilt Badgt($ ptnnolapDlleatlen 1III!!!Wtn Q0!1!i;!lt!!I!Mal!lk

Tht Badotr O<O\idls stMC:ttlllatiiJ\'W a ooslb'.'t III'!Da:t on lilt ,_,. 'll1l!fS- Sine. 2011 Ult Bat!Ofr 11asmo.ecl Olft .100 molhOIIIIOIIndJ ot-.n.d energ1
cargo S1WI011lt C0ll\P311r 11\0IJsllnds ot m.tu ana ti!Jmlalino 11\t larOt lltJd<s lht conoesbon 01 tile regional hi011Wa1SY51tmt. The em,
motori.'Ydts. R1fs andcommtrtltlllrutKsC3111H II) aadlaeason,.bUidrtqwt ""'' tOOO.OOOoallons oltullta drt.t"" cktanee
lhctigan CIICI<lilt knit to <ltlililt ottne rJtl umgs lllht Badgefs EPI. applicaltor! h!!p i!!!l!'t! en aof'rStr.tltri!!A<Iffilt'h1'l!!flpgiA.i;lppQlm'!'Pidatr

Tnt B.toOGERs ll"!ners lla;e ttltfn tnltlllple Sltps 10 rtOKe ne llmOUlt 01 asn 111a1" Cll$dlli10t<l cazttrrtll atlivelt t.llltOMO anernate f\lell ,. llldUctn!l
nunlgas Enometnno Yt'U rettl'lliJ' colllJ)ItitO on COiWtMO 11\e boilers 10 wm UO\I.ellta llftltal Gas instuo 01coal and lilt eaaotr Is lit mo<Jel 01 a stuO'J Of ilia
Gttatlal<.et t.l.alrti'T!t Reuascntnslllutt on dun tntrqr ust rn I! I! tla!ut3l oas appears to be lilt filtt or etwl'ulurt more 15 nteeeo 10
d.._lop rus u alono-ttrm sduaon
Your a:mtnrlmtnt 10.1111 tlll'lronmensls OlllJ or )<Mlr commtlmentiO lcaep WOI);)ng Tnt BIDGER t"''lloil v;er 200 people Mt<l naa 1 mmo.n tO
Impact oC$35,000.000 to fit portoUu 01 l.UdlnOion alld uanolov.oe. rt llONenno sOkltlonos choun tilt -t.,... bt dontln an C\1 Amtncan
"'tldtrs tltaldlrl.l alliS Ollel Sl:llltd P!tlllt US EPAIO IJSUt lilt BIDCER lhtlr lllcsMGulll Pmil a soon 31 OOISblt Tht
ftnd<ng a soiUIIon _,. mOtt Lal<t 11 a p.-e r\&tutal tHouret nd d our \llld bull nol nt<tu.-v to O:ottiJI\ lttt
Tht llas ptlecllhtst Wlllm 19Sl and llltftttno out dltlcrtn'S ct>lldren c.ln1tntot an uoenMet on 11111 hUJartevesstt
VtrtREIDtdfUII)'.
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travelwisconsn.com
Contract No. ADU-9610
AGREEMENT
Between the
STATE OF WISCONSIN
DEPARTME.NT OF ADMINISTRATION
STATE ENERGY OFF1CE
and
LAKE M1CHIGAN CARFERRV SERVICE, INC.
THIS AGREEMENT is made and entered into by and between tbc Slate Energy Office ("Divisionn), Department
of Administration ("Departmenr'), representing the State of Wisconsin (coUectively "State"), and Lake Mlc:bigan
Carferry Service, Inc. ("Contractor").
WHIREAS, on behalf of the State, the Department administers the State Energy Program -Alternative Fuels Use. in
Maritime Vessels Feasibility Study through the Division to provide funds for eligible activities; and
WHEREAS, it is the intention of tbe parties to this Agreement that all activities descn'bed herein sballbe for their rq}I!Ual
benefit; and
..
WHEREAS, the State has approved an award to the Contractor in the amount of $75,000 fo.r eligible activities litTein
described; and
WHEREAS, the terms md conditions herein shall survive the performance period and shall continue in full force and
effect until the Contractor bas and Is in compliance with all the requirements oftbis Agreement; and
WHEREAS, this Agreement is mutually exclusive and is distinguished from. all previous Agreements between the
and the StBte and contains the entire understanding botwcen tbe partie.s;
NOW, THEREFORE, in considention mutual promises and dependent documen1s, the parties hereto agree as
follows:
The following documents ace part of this .contract:
I) This Contract (including all anachments and the initial workplan deli vered undtr this contract agreement)
BY:
LAKE MICHIGAN
CARFERRY SERVICE, INC.
TITLE: Vice President - Shore Ooerations
DATE: ___
BY:
Sf ATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION

o3/ 2 6/u I'-
DATE: / ,
Pagt l of 15
I
October 24, 2011
The Wisconsin State Energy Office
201 W. Washington Avenue, 3rd Floor
Madison, WT 53703
Dear Ms. Mott,
We are writing to support the grant application of the Lake Michigan Carferry S.S. Badger for the
Wisconsin State Energy Office RFP: Feasibility Study for the use of Altemative Fuels in Marine Applications.
The Great Lakes Maritime Research lnstitute, based in the port of Duluth/Superior has recently been aw!U'ded a
contract from the U.S. Department ofT.ransportation's Maritime Administration to study the feasibil ity of using
natural gas as a marine fuel for Great Lakes shipping. Our research plan will include interaction with the
European Union that has embarked on a similar study. The U.S. EPA is aware of our research and is supportive.
One part of our study plan includes looking at the S.S. Badger as a domonstration model of a vessel that
may benefit from natural gas as an alternative fuel. Utilizing the S.S. Badger as our project's demonstration
model, we will be tying into Wisconsin bnsed facilities and cngincel'ing finns, along with the shipping route of
the S.S. Badger between Ludington, MI and Manitowoc, WI.
However, our funding to work with the SS Badger is quite limited and having a supporting grant from the
state of Wisconsin for Lake Michigan Carfeny would allow the leveraging of funds and advance the alternative
fuel study as a whole. Our research, while focused on the Great Lakes is intended to provide models and
infonnation that can be used nationally. Our research findings will be available to the Wisconsin State Energy
Office and we welcome working with your office.
Please feel free to contact me or the Executive Director of Great Lakes Maritime Research Institute,
Carol Wolosz at 218-726-7446 if we call provide any additional information to support the grant request for Lake
Michigan Carferry, S.S. Badger.
Sincerely,
~ ~
Richard D. Stewart, Ph.D., CTL
Co-Director, Great Lakes Maritime Research l.nstitl1tc www.gtmri.org
Director, Trans & Logistics Resenrch Center
TRANSPORTATION AND LOGISTICS RESEARCH CENTER
Erlnnson Hall, Suite 5 Belknap &. Catlin PO Box 2000 Superior, W! 54880-4500
Phone: 715394-8254 PAX: 715-3948374
..........
!
I
Agenda
GLMRI University Affiliates Meeting
Thursday and Friday, September 27-28, 2012
Radisson Hotel, Duluth, Minnesota
Thursday, September 27, 2012
1:15 Meeting Registration.
1 :30 Welcome and Introductions. Ms. Carol Wolosz
GLMRI Report. Dr. Richard Stewart (University of Wisconsin-Superior) and Dr. James P. Riehl (University of
Minnesota Duluth)
Steam Bulk Carrier LNG Conversion Study. Dr. Michael Parsons, Professor Emeritus, University of Michigan
S.S. Badger Engineering Study. Mr. Joseph Fischer and Ms. Ziyan Zhang. Bay Engineering Inc., Sturgeon Bay,
Wisconsin
2:45 Break
3:00 LNG as a Maritime Fuel on the Great Lakes; Regulatory Issues. Randolph Helland, Captain, USCG (ret).
Comparitive Model of Maritime Fuels Using the S.S. Badger. Dr. James Winebrake, Rochester Institute of Technology
and Dr. James Corbett, University of Delaware
Panel: Norway's Use of LNG as a Maritime Fuel
Dr. Michael Parsons, Richard Harkins, Pat 0 ' Hern, Randolph Helland, Captain, USCG (ret) and Carol Wolosz
Afternoon Wrap Up
4:30 Adjourn
Friday. September 28, 2012
8:30 Sediment Testing in U.S. Lakers Ballast Tanks
Dr. Donn Branstrator. University of Minnesota Duluth.
Building Sustainable Solutions .to the Issue of Ballast Water Treatment: Testing Relationships between Propagule
Pressure and Colonization Success of Invasi ve Species (Year 4)
Dr. Donn Branstrator and Mr. Matthew TenEyck. University of Minnesota Duluth (with Dr. Mary Balcer, University of
Wisconsin-Superior)
Combining Fine Dredge Materials and Bioso/ids for Sustainable, Beneficial Reuse
Dr. Nathan Johnson. University of Minnesota Duluth
9:45 Break
10:00 Measuring a Port's Performance Using the Economic Value of Commodities
Dr. Zamira S. Simkins. University of Wisconsin-Superior
New Developments in the Great Lakes Maritime Information Delivery System
Dr. Peter Lindquist. University of Toledo
The Economics of a Bi-State Truck Ferry
Dr. Thomas Brady. Purdue North Central University
Affiliate Program Updates.
Administrative Updates /Closing Comments
12:00 Adjourn As of 9 Aua 2012
SITYoF

A .AnalySi_s of Ships 'V.
TFutks tO Transport Cargo along the
Grea't lakes

'
Sustainab:le lnternlOdal Freight
Research Program
James J. Corbett, PhD., University of Delaware
James J. Winebrake, PhD, Rochester Institute of
Technology
Heather Thomson, University of Delaware
Arindam Ghosh, Rochester Institute of Technology
SITYoF
GoG>ds.Transport

Great Lakes sh_i-ppin.g occu,rs across modes
. ' . i
- Raillroad
..
<
-Ship
-Truck
;- ,,
'
Each has pros and COns, and Lntermodal
" ,., I
combinations' offer fiex.i
1
bility arid efficiency
= '
.
-0J1e ship\ i-.s SS Badger. carferry.
00
"<t
0\
"<t
0
0
C/)
~
8
I
C/)
I
I
C/)
z
~
SITYoF
55 Badger

Started a in .1-9c53
c ' . i -
Now'' ferries cars, passengers, and cargo
'
Engines dec-larled a mechanical engineering
' j. I . I .
landmark by the American Society for
Mechanicai Engineers
- "1
Ship itself plaCed or1 the RegiSter of

' -
I - r
Only Coal-fired steamcship' in US
SITYoF
O.utline

What did we stu'd,y?
c' ' 't -
analyze it?
'
What were our .results?
j" t . ,, ;:.-. '
" ' I I"
How robusf are
Wha't are our conclusio.ns?
SITYoF
What we studied

of 6.>criteria p_ollutants
- Ca!fbcln dioxid.e (c;:0
2
), Sulfur oxides (SOx),
Nitrogen oxides (NOx), particulate matter (PM
10
),
methane (CH
4
), and; carbon monoxide (CO)
. I .
looked at clJrrent em-issions from both truck
and_ B.adger
l
' '
Compared to a fuel sWitch from coal
.
-Intermediate Fuei ,O.U -{IFO), Marine Distillate Oil
(MDQ), NatUral Gas (CNG)i Liqulfied
Natural Gas (LNG) and a biodiesel blend (BD20)
TRANS-LAKE-LMTLS-COMMENTS00495 l

"""""''
?'"'-g
.......
fl.\1--e.l'"lh
... .. d
.

}.,... .... :
Truck Route {lntermodal Scenario)
Total Distance- 45 miles
Travel Time- 0.8 hrs

Ferry Route (lntermodal Scenario}
Total Distance- 62 mi les
Travql Time -4 hrs
.

,.. 'f!...:rt' ..
--

.\. .. ;Jf'-1
Route B)
Total D:stance - 500 m:les
Travel Time- 8 hrs
.:;l
"''f'.-..
All-Truck Route (Scenario A)
Total Distance- 620 miles
Travel Time -10.5 hrs
.* .........

QioW,t>''

f'LOO_.a\
... -oil .......

...
"""""''.:\!'""'
SITYoF
EIAWARE .
SITYoF
E I A W A R E ~
EmiS:sions. Estimation Bas.ics
Total Pollution Emissions Factor
General equation used:
P .. = E
1
EF ..
L) lJ
where Pu represents pollutant of type i for mode j in kg/segment; Ej represents energy
consumption for mode j in BTU/segment; and EFu represents an emissions factor for
pollutant i for mode j in mass/energy unit (e.g., g/BTU or g/hp-hr).
600
500
a.
.:
+:
~ 3 0 0
UJ
t-
--
tiD
...:11:
200
lOO
0
Total C0
2
Emissions Green Bay to Detroit
All Truck Route Carferry route Carferry route Carferry rout e Carferry route Carferry route Car fer ry route
(Full) using Coal using IFO using M DO using LNG using CNG usi ng 8020
SITYoF
EIAWARE.
Results for D'ifferent Pollutants
Total co, Emissions Green Bay to Delio it
1JY.) 600
C02
1.000.00
Oides of Sulfur fSOx)
sox
Oxides of Nitrogen (NOx)
NO><
500 11"l M
400 10.00 10

1"

-:;
3 LOll

:>

l:OO
"'"
I"'
O.Ol.
n.on ;I
Alllr\l'.i blltt C.JfftrtfOIIIt QlfnY'f'IOU\t C.,_l't !Ottf tlrfrr(ire\ltt C.lft:(flriC:Vtt
jl\111 V',A"11CWI urpfO \III" &Mutf usn&l.NC
C.fr'"rn.M c.;."J o.M. r.tr,..., r<u:r
I.IH'Cto.i! -.lf'O WOfl'I,,OO !,4:11 00
tl..flfi"'IOUtt (trftrrvrtt.t- tturrwc' CA-If"VtOiiCII
t-.111,1 1.4/IC(Oit! ... ii311'Cct!G 111heto.:t1
Particulate Matter (as PM,.) Carbon MonoKide fC:OJ
co
PM1o
10.00 1,000.00
Methane. CH,
CH4
100.00

100.00
1.00
t
10.00 1000
..
' C

;)
1.00

,.
j D-10
)
I , r.; r--
I I
I
l
....,
0 10 ...
r""'"
0.0 1
0.00
001
aoo
I
I I -...;.. .....
-
l.t..
"'""""'
o..:o
&1riJ'\IOpieutt C.f'kf'l;t'it<.U CJ11t'flt"""t C.ft.!fllfOUtt (Mt<tl'l"fttlllt&
P'it wt . Coal IJI.IIfiD JWiflJt' ''"'"fi!D-lJ
Ali'MObuU trtfft'""-f.J &fti"'"',.,...!P c.t!rltf'Vf-tvr.l
VAt ii!JIIo ...
C.fh""VI.w.t CArl'rlf!Ool C..J'fiWyf"'J!e C. .. .ai'Ntet.U
i:l!ot'ltAit liillP;,I I"' Wll'f WJO "-""CCNV WIJ 6mo
SITYoF

Exam pl.e. of serl:sitiye .. m ptions
Current configuration is for 12 tractor trailers
Capacity is 180 "Vehicle Units"
- One tractor trailer= 4 Vehicle Units
Assuming only 12 trailers would assign all pollution to those trailers
Therefore assumed 45 trailers on board
Is this a good assumption?
- More freight than normal max (Calculated emissions too low)
- We allocate ALL emissions to payload (Calculated emissions too high)
-our "best estimate" for study was 117 TEUs,
- May be conservatively high (optimized for freight)
SITYoF
Sensitivity Analysis
EIAWARE.
Ranges o r ~ vessel arid vehicle c:haracteristics
Parameter Best High
Annual Vessel Trips 445 445
Jl
460
--
Vessel Engine Load Factor (%) 50 73 80
Vessel Boiler-Engine Efficiency (%) 17 22
II
45
Vessel Payload Capacity (TEU) 31.2 117 117
Ship Speed (knots) 15.9 18.0
II
18.6
Truck efficiency (mpg) 5.5 6 7.2
Truck Payload Capacity (TEU)
..
Jl
1 2.6 2.6
--
All-truck route distance (miles)* 500 620 650
Q)
+-J
:l
0
200%
0:: 150%

u
:l

..c

.3 100%
Q)
u
c
Q)

0
Q)
b.O
ro

c
Q)
u

Q)
a..
50%
0%
-50%
SITYoF
SS Badger C0
2
performanHPlEIAWARE.
using pro"pulsion
Primary inputs of influence
1. Vessel utilization
(payload capacity)
2. Truck uti lization
(payload capacity)
3. Route distance
(t ruck options)
4. Truck fuel efficiency
Carfert)i rout e Catfetry route Car-ferry route Carferry rout e Carferry route Carfert)l rome
using Coal using IFO using MOO usfng LNG using CNG using BD20
>
....
....
~
ro
u
.,!;;
-
~
N
0
u
c
QJ
VI
ro
~
c
J!
Sensitivity resu Its
Considering potential for imprqvedtherm"l efficiency
200%
N
0
u
! 150%
::s
0
a::
..:.=
u
::s
...
.... 100%
<(
E
0
...
'-"
cu
u
50%
c
cu
....
:!
-
0
...
c:
0% cu
u
...
Ql
0..
L
l
-50%
SITYoF
EIAWARE.
Improving fuel
economy on t he SS
Badger (e.g., plant
thermal effi ciency)
would substantially
transform the
analysis
Dieselization or
other prime mover
modernization can
be coupled with
alternative fuel s to
outperform all-truck
route
Carferry route using Coal Carferrv route using MDO Carferrv route using Natural Gas
Difference (compared to All Truck Route} II Difference if Diese I Retrofit (first look)
SITYoF

DiScUsSion, Summary
I , ..
'- .--. .....: - ,:: lJ._ I
r- I t. -:.. \ ': ;::_
\, l'r ir, J
1>- \ !
Study
- Compare environmental performance of alternative routes (all-
truck v. intermodal) under various fuel scenarios
Meth,ods
- Apply,, GIFT model and SS Badger data to explore routes and
environmental performance
- Apply sensitivity analysis to identify high-leverage variables
SITYoF
E I A W A R E ~
ReSults Summary
Current all-truck route outperforms intermodal scenarios in
most cases
Results are case-specific to 1950s steam-propulsion technology
and route served by SS Badger and do not include total fuel
cycle emissions
Sensitivity analysis reveals opportunities for natural gas or Moo
with or without new engine designs, payload configuration, etc.
Natural-gas-fueled engine propulsion can P. erform at lower C0
2
. -
emissions than all-truck route
SITYoF
E I A W A R E ~
con:cl usionjs
Natural gas shows promise as a marine fuel for Great Lakes vessels
Technology modernization can accompany a fuel-transition for
Great Lakes (such as scrubbers, dieselization, payload
configuration)
A Great L_akes shipping transition to natural gas fuels will need to be
strategic, and analyses like this study can serve as important
decision support role for GLMRI and industry partners
Adding a total fuel cycle analysis to tb'is work \tyill ,p.rovide additional
insights into the role of :alternative-, fuels

Lake Express Public Comments Re: Proposed SS Badger Consent Decree.

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