EPA vs. LMC and the SS Badger: Information spot

[XLFD]

Due to the high interest of the EPA's battle with Lake Michigan Carferry over the fate of the SS Badger, the Chicago-based EPA Region 5 (Water) Administration has put out public documents between the two entities and references it thusly (links added by your illustrious editor):

 

The S.S. Badger, owned and operated by Lake Michigan Car Ferry, Inc., is currently authorized to discharge under EPA's 2008 National Pollutant Discharge Elimination System Vessel General Permit issued in December 2008. This permit contains specific provisions for discharges from large ferries in Section 5.3. One of these provisions authorizes the discharge of coal-ash slurry from coal-fired propulsion systems until Dec. 19, 2012.

On Nov. 2, 2011, EPA received a petition under 40 C.F.R. §122.28 (b)(3)(i) from Lake Michigan Car Ferry regarding the discharge of coal-ash slurry from the vessel. This petition requests that the company be required to apply for and obtain an NPDES individual permit for its vessel rather than continue coverage under the 2008 Vessel General Permit. Due to significant public interest, EPA is making the petition and attached documents available on this website.

On Feb. 6, 2012, EPA decided to require Lake Michigan Car Ferry to apply for a NPDES individual permit because it anticipates that the discharge of coal ash from the S.S. Badger will continue beyond Dec. 19, 2012, when authorization for that discharge under the 2008 Vessel General Permit ceases (and supplemented that here on Feb 24, 2012). EPA has required the company to submit the complete permit application no later than June 29, 2012.

When EPA drafts an individual permit, discharge limits based on technology and water quality must be included. EPA will follow the public notice and comment requirements found in federal regulations as it prepares an individual permit for the S.S Badger. (The public notice requirements are specified in 40 C.F.R. § 124.10.) On the effective date of the individual permit, the 2008 VGP as it applies to the coal-ash discharges shall automatically terminate.

 

This website actually has all of the petitions, replies and attached documents accessible, to those of us who are interested in the fate of that carferry, and the way either or both of those agencies conduct this contest:  http://www.epa.gov/r5water/npdestek/badger/ 

An instant FOIA on those topics!