Stephen Gerard Galarneau

101 S. Webster St. Box 7921 Madison, Wisconsin 53707-7921 Telephone 608-266-2621 FAX 608-267-3579 TTY Access via relay - 711 Jim Doyle, Governor Matthew J. Frank, Secretary Docket Management Facility (M-30) U.S. Department of Transportation West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, S.E Washington, DC 20590-0001 Subject: Coast Guard Docket No. USCG – 2004 – 19621 Dry Cargo Residue Discharges in The Great Lakes The Wisconsin Department of Natural Resources (WDNR), in response to the U.S. Coast Guard’s (USCG) Federal Register Notice of December 29, 2008, submits the comments below in support of zero discharge of dry cargo residue. The WDNR has submitted comments in support of eliminating dry cargo residue discharges in previous Federal Register notices. The Department believes that the zero- discharge alternative is both technically and economically feasible. We do not concur that these materials are “nontoxic” and “non-hazardous.” Studies have demonstrated that these materials can have human health impacts over long-term exposure periods. The potential impacts to the Great Lakes environment are not fully understood but we do know that there are impurities in coal, such as PAHs (polycyclic aromatic hydrocarbons) and selenium, and in taconite, chromium. Controlling contaminant sources to Lake Michigan and Lake Superior are key components of the Lakewide Management Plans (LaMP-Lake Michigan 2008; LaMP-Lake Superior 2008). Lake Superior is identified as a demonstration lake by the states of Minnesota, Michigan and Wisconsin and the Province of Ontario for the virtual elimination of potentially toxic, bioaccumulative pollutants. A Pollution-Prevention approach is consistent with the Lake Superior Binational Program Zero Discharge Demonstration Project and is the preferred management approach when potential human and environmental impacts are not fully understood. Controlling the dry cargo residue by means other than washing it overboard is a reasonable expectation and a responsibility of the shipping industry. 1. Allowing the discharge of dry cargo, as is proposes under the USCG “Dry Cargo Residue Discharge into the Great Lakes” rule in 33 CFR 151.66, is in direct conflict with the U.S. EPA proposed NPDES vessel General Permit. Section 2.2.1 of the EPA general permit states “Vessel owner/operators must clear their vessels’ decks of debris, garbage, residue and spills prior to conducting deck washdowns and prior to departing from port to prevent these constituents from entering any waste stream.” Inclusion of this best management practice requirement in EPA’s permit constitutes a technology-based effluent limit to prevent the discharge of substances that may adversely impact water quality. We agree with the EPA and believe the cleaning of material off the deck prior to washdown is an appropriate preventative measure to keep cargo residues out of the Great Lakes 2. The DNR believes that discharges provide potential substrate for invasive and/or exotic species. Hard residues washed overboard creates desirable substrate for mussel colonization that otherwise is absent in some areas. This could lead to increased infestations of zebra and quagga mussels. Dry cargo residue discharge could have a negative impact on the benthic organisms. The EIS identifies a degree of uncertainty about the magnitude of this impact. The environmental and economic consequences of the potential for increased invasive mussel populations must be given important consideration. 3. The proposed approach to dry cargo residue management is inconsistent with Wisconsin Statues and rules. It is also inconsistent with Wisconsin’s approved Coastal Zone Management (CZM) plan. Under s. NR 102.04(a), Wis. Adm. Code, it states…. “Substances that will cause objectionable deposits on the shore or in the bed of a body of water, shall not be present in such amounts as to interfere with the public rights in waters of the state.” Under S. 30.12, Wisconsin Statutes, the fill or deposition of material in navigable waters is prohibited. Thank you for the opportunity to provide comments on the scope of issues to be addressed in the new EIS. Sincerely, Steve Galarneau, Acting Director Office of the Great Lakes (A signed paper copy is in the mail).