Legislature(2009 - 2010)SENATE FINANCE 532

03/24/2009 01:30 PM Senate FINANCE


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01:41:58 PM Start
01:42:19 PM Presentation: Epa Cruise Ship Dilution Study
03:01:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation on the EPA Cruise Ship TELECONFERENCED
Dilution Study
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  SENATE FINANCE COMMITTEE                                                                                      
                       March 24, 2009                                                                                           
                         1:41 p.m.                                                                                              
                                                                                                                                
1:41:58 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate  Finance Committee meeting                                                                   
to order at 1:41 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Charlie Huggins, Vice-Chair                                                                                             
Senator Johnny Ellis                                                                                                            
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Lynn  Kent,  Director,  Division   of  Water,  Department  of                                                                   
Environmental Conservation; Denise  Koch, Cruise Ship Program                                                                   
Manager,  Division  of  Water,  Department  of  Environmental                                                                   
Conservation;  John Binkley,  President,  Alaska Cruise  Ship                                                                   
Association.                                                                                                                    
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Brian Rappoli, Ocean and Coastal  Protection Division, Office                                                                   
of Water, Environmental Protection Agency.                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
^Presentation: EPA Cruise Ship Dilution Study                                                                                   
                                                                                                                                
1:42:19 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  stated  that  on February  25,  2009,  the                                                                   
Environmental  Protection Agency (EPA)  released a  report on                                                                   
the cruise ship plume dilution  study conducted in Skagway in                                                                   
July 2008.                                                                                                                      
                                                                                                                                
1:43:16 PM                                                                                                                    
                                                                                                                                
BRIAN RAPPOLI, OCEAN AND COASTAL  PROTECTION DIVISION, OFFICE                                                                   
OF  WATER,  ENVIRONMENTAL PROTECTION  AGENCY  (testified  via                                                                   
teleconference), provided an overview.                                                                                          
                                                                                                                                
Dr.  Rappoli remarked  on collaborative  efforts between  the                                                                   
EPA and  the Department  of Environmental Conservation  (DEC)                                                                   
in cooperation with the owners  and operators of three cruise                                                                   
lines. He  described the study  as an investigation  into how                                                                   
cruise  ship discharge  plumes dilute  in close proximity  to                                                                   
the vessel,  also referred to  as "near field  dilution." The                                                                   
scientists   accomplished   their   research   by   using   a                                                                   
combination  of equipment  installed aboard  the vessels  and                                                                   
equipment  external to  the  ships located  on  a small  boat                                                                   
operated by members of a sampling team.                                                                                         
                                                                                                                                
Dr. Rappoli  described the  precision metering system,  which                                                                   
pumps an  accurately known amount  of rhodamine dye  into the                                                                   
discharge lines aboard a ship.  He commented that this action                                                                   
was performed well  upstream of the discharge  port to ensure                                                                   
complete mixing of the dye with  treated water. A fluorometer                                                                   
located downstream measured the  dye's concentration prior to                                                                   
leaving  the ship and  subsequently helped  to determine  the                                                                   
solution as it moved away from the vessel.                                                                                      
                                                                                                                                
1:47:42 PM                                                                                                                    
                                                                                                                                
Dr.  Rappoli  explained that  in  order  to track  the  plume                                                                   
concentration,  the small  boat operated  on a  predetermined                                                                   
set  of  transects.  He  informed   the  committee  that  the                                                                   
sampling  crew towed  an instrument  package  to measure  the                                                                   
temperature  gradient,  depth   and  salinity  of  the  water                                                                   
column.  A specially  tailored portable  fluorometer made  up                                                                   
the heart of the system and measured  rhodamine concentration                                                                   
using a  correct set of  filters and excitational  lamps. The                                                                   
very sensitive  instrument required  a minimum amount  of dye                                                                   
and recorded concentrations in the part per billion range.                                                                      
                                                                                                                                
1:49:09 PM                                                                                                                    
                                                                                                                                
Dr. Rappoli  noted the advantages  to collecting  samples and                                                                   
recording data in real time.                                                                                                    
                                                                                                                                
Dr. Rappoli  restated that  the purpose of  the study  was to                                                                   
give both  EPA and DEC a  better understanding of  how cruise                                                                   
ship  discharges dilute  in a  receiving body  of water.  The                                                                   
agencies  chose  Skagway  as   a  port  with  relatively  low                                                                   
flushing.  The   Department  of  Environmental   Conservation                                                                   
intended  to   use  the  information  collected   in  further                                                                   
analysis.                                                                                                                       
                                                                                                                                
Dr. Rappoli voiced  that the sampling episode  report's major                                                                   
purpose was  to present  a very large  volume of  broad data.                                                                   
The sponsors published early thinking  the findings important                                                                   
and  have  made  the  results  publicly  available  on  their                                                                   
website. Dr. Rappoli observed  that the report contained only                                                                   
a very brief  and narrative description of an  extensive data                                                                   
set.  He  clarified  DEC's  part   in  carrying  out  a  true                                                                   
technical analysis.                                                                                                             
                                                                                                                                
1:52:47 PM                                                                                                                    
                                                                                                                                
Senator  Huggins  asked  for insight  into  dye  calculations                                                                   
particularly at the higher degree  transects and a brief look                                                                   
into  the  experiment's  overall   conclusions.  Dr.  Rappoli                                                                   
replied  that   the  EPA  had   never  intended   to  conduct                                                                   
hydrodynamic  analysis  of the  plumes.  The highly  variable                                                                   
descriptions  are typically done  using computational  models                                                                   
in  academic  and  regulatory   circles.  The  Department  of                                                                   
Environmental  Conservation  will perform  that  part of  the                                                                   
analysis.                                                                                                                       
                                                                                                                                
Senator Olson  wondered at the  correlation between a  dye of                                                                   
specific molecular  weight and  microorganisms. He  persisted                                                                   
that microbes  would have a  different settling  component or                                                                   
coefficient of spread-ation throughout the water.                                                                               
                                                                                                                                
Dr. Rappoli  agreed that  the rhodamine  dye is a  relatively                                                                   
large   molecule;  however   it  is   miscible  with   water.                                                                   
Scientists assume  the dye remains  homogeneous and  does not                                                                   
physically associate with the  water column. The dye has been                                                                   
used  for a  number  of years  in everything  from  detecting                                                                   
leaks in delivery  systems to oceanographic studies.  He knew                                                                   
of no instances where there had been problems.                                                                                  
                                                                                                                                
Dr. Rappoli  addressed how a  chemical molecule  might behave                                                                   
relative  to a small  microbe. Considering  the high  kinetic                                                                   
energy in the proximity of the  plume, he thought it unlikely                                                                   
that observers  would  see gravitational  effects due  to the                                                                   
small differential in the density  and buoyancy of a microbe.                                                                   
He conceived that  larger particulates would need  to be used                                                                   
before showing significant effect.                                                                                              
                                                                                                                                
1:57:49 PM                                                                                                                    
                                                                                                                                
Dr.  Rappoli reassured  committee  members  of  the very  low                                                                   
fecal coliform release rates of vessel systems.                                                                                 
                                                                                                                                
Senator Olson  wanted to  know the validity  of the  study as                                                                   
related to issues  of disease. Dr. Rappoli declared  that the                                                                   
sampling crew  was not in  these early kinetic  stages seeing                                                                   
effects of discharge upon the receiving environment.                                                                            
                                                                                                                                
LYNN  KENT,  DIRECTOR,  DIVISION   OF  WATER,  DEPARTMENT  OF                                                                   
ENVIRONMENTAL CONSERVATION, provided  background information.                                                                   
The Legislature  appropriated capital money to  DEC last year                                                                   
to fund a study  of "the effect of providing  for dilution of                                                                   
effluent from  cruise ships." A project partnership  with the                                                                   
EPA allowed use  of their research vessel, "The  Bold", which                                                                   
served as the mother ship for studies.                                                                                          
                                                                                                                                
Ms.  Kent  said  that  DEC continues  to  work  with  EPA  to                                                                   
characterize  the results of  the experiment. She  delineated                                                                   
EPA's share of  the labor and its agreement  to write certain                                                                   
reports. She  disclosed additional  DEC goals, such  as using                                                                   
the data to  validate computer modeling of plume  behavior in                                                                   
water.   She  informed   that  the   department  provided   a                                                                   
preliminary report to the Legislature in January.                                                                               
                                                                                                                                
2:00:33 PM                                                                                                                    
                                                                                                                                
Ms. Kent directed  attention to a handout, "An  Assessment of                                                                   
the Cruise  Ship Plum  Dilution Study  Performed in  Skagway,                                                                   
Alaska, July 2008" (Copy on File).                                                                                              
                                                                                                                                
DENISE KOCH, CRUISE SHIP PROGRAM  MANAGER, DIVISION OF WATER,                                                                   
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  summarized  the                                                                   
findings  using  a  PowerPoint   presentation,  "Cruise  Ship                                                                   
Stationary  Dilution   Study  Presentation,   Senate  Finance                                                                   
Committee, March 24, 2009" (Copy on File).                                                                                      
                                                                                                                                
Slide 1 - "What is a dilution factor?"                                                                                          
                                                                                                                                
Ms.   Koch   explained   that   researchers   put   a   known                                                                   
concentration  of  a dye  into  treated wastewater  aboard  a                                                                   
participating vessel. The cruise  ship discharges the mixture                                                                   
into marine waters  where a sampling team measures  the dye's                                                                   
concentration in the receiving environment.                                                                                     
                                                                                                                                
Ms. Koch demonstrated dilution factor. For example:                                                                             
                                                                                                                                
     "If  the  concentration  of  dye  in  a  ship's  treated                                                                   
     wastewater  equaled 100 and  the measured  concentration                                                                   
     of  dye in  the receiving  waters  came to  5, then  the                                                                   
     result would amount to a dilution factor of 20."                                                                           
                                                                                                                                
2:05:04 PM                                                                                                                    
                                                                                                                                
Slide 2 - Why is a dilution factor important?                                                                                   
                                                                                                                                
Ms.  Koch said  that  DEC must  evaluate  both the  pollutant                                                                   
sample  results and  the dilution  of the  wastewater in  the                                                                   
environment  to  estimate whether  wastewater  exceeds  water                                                                   
quality standards (WQS) in marine waters.                                                                                       
                                                                                                                                
Slide 3 - Dilution of Wastewater while Vessel is Moving                                                                         
                                                                                                                                
Ms. Koch referenced a 2001 study  conducted by the EPA, which                                                                   
concluded that: wastewater is  subject to a tremendous amount                                                                   
of instantaneous,  turbulent dilution behind a  moving cruise                                                                   
ship,  and  that  based  upon   field  studies,  the  Science                                                                   
Advisory Panel  estimated a  conservative dilution  factor of                                                                   
50,000.                                                                                                                         
                                                                                                                                
Senator Huggins  solicited a framework for  the parenthetical                                                                   
"(min  speed   of  6  knots   and  discharge  at   200  cubic                                                                   
meters/hour)".                                                                                                                  
                                                                                                                                
Ms. Koch  explained that  it is  the customary procedure  for                                                                   
cruise ships to  discharge wastewater one nautical  mile from                                                                   
shore,  while traveling  at 6 knots.  Researchers arrived  at                                                                   
the  volume  as  a  standard   for  a  reasonable  amount  of                                                                   
wastewater discharged  from a  vessel's holding tank  after a                                                                   
ship has been in port, drawn anchor and is underway.                                                                            
                                                                                                                                
2:08:58 PM                                                                                                                    
                                                                                                                                
Slide 4 - Dilution of Wastewater  while Vessel is Stationary:                                                                   
                                                                                                                                
Ms.  Koch  referenced  DEC's  partnership  with  EPA  in  the                                                                   
present  study to  collect field  data  and examine  dilution                                                                   
factors   (mixing)  for   a  stationary   cruise  ship.   She                                                                   
elucidated the "worst case" selection  of the port of Skagway                                                                   
as a representative  location with ample cruise  ship traffic                                                                   
and limited flushing.                                                                                                           
                                                                                                                                
Slide  5  -  Methods  Used  to   Collect  Dilution  Data  for                                                                   
Stationary Cruise Ships:                                                                                                        
                                                                                                                                
   · This is a near field dilution study.                                                                                       
   · Measurements were taken in the receiving water between                                                                     
     the hull of the vessel at intervals up to 15 meters (49                                                                    
     feet; 1 meter = 3.28 feet) away.                                                                                           
   · Six cruise ships volunteered to participate.                                                                               
                                                                                                                                
Ms. Koch  outlined the above  slide highlighting  usable data                                                                   
from only  four of  the six  vessels because  of weather  and                                                                   
instrument issues.                                                                                                              
                                                                                                                                
2:11:21 PM                                                                                                                    
                                                                                                                                
Ms. Koch called attention to a  picture of dye being released                                                                   
from a cruise ship and measurements  being taken in receiving                                                                   
waters (Slide 7).  A small boat connected to  the vessel with                                                                   
a magnet  used a  yellow line  to measure  distance from  the                                                                   
hull. A  shorter line dropped  into the water from  the small                                                                   
boat had  an instrument that  recorded the concentrations  of                                                                   
the dye.  The bottom  half of the  photograph showed  the red                                                                   
rhodamine  dye. General  observation  of  the plume  revealed                                                                   
that  the  roughly   circular  packet  of  dye   water  moved                                                                   
cohesively away and became diluted as it moved out.                                                                             
                                                                                                                                
2:13:29 PM                                                                                                                    
                                                                                                                                
Ms. Koch turned  to results (Slide 8). She  re-emphasized the                                                                   
largeness and complexity of the  1400 page data set and DEC's                                                                   
attempt to summarize and present it in the best way.                                                                            
                                                                                                                                
Ms.  Koch directed  members to  a  visual on  the next  slide                                                                   
(Slide 9)  that illustrated a  'Time Lapse' plot of  plume on                                                                   
the cruise ship  the Norwegian Star over the course  of a day                                                                   
on July 16, 2008.                                                                                                               
                                                                                                                                
2:15:38 PM                                                                                                                    
                                                                                                                                
Ms. Koch  posed the question "How  do you apply  the dilution                                                                   
results to cruise  ship sample data to determine  where Water                                                                   
Quality Standards are met in the harbor?" (Slide 10)                                                                            
                                                                                                                                
Ms. Koch reiterated that WQS protect  aquatic life and public                                                                   
health.  The cruise  ship general  permit  sets the  effluent                                                                   
limits for wastewater  at the point of discharge  as the WQS;                                                                   
the two are one  and the same. She noted that  the department                                                                   
has a full data set from all cruise  ships that discharged in                                                                   
Alaska  waters   in  2008  because  vessels   must  give  the                                                                   
information as part of the permit.                                                                                              
                                                                                                                                
Ms. Koch  furthered that  cruise ships  systems do  very well                                                                   
meeting  the standards  for fecal coliform,  ph or  chlorine,                                                                   
but have  a difficult  time with  the stringent  requirements                                                                   
for ammonia, copper, nickel and zinc at the "end of pipe."                                                                      
                                                                                                                                
Slide 11 - (continuation of Slide 10.)                                                                                          
                                                                                                                                
Ms. Koch illustrated standard  scientific approach to complex                                                                   
data as looking  first at the potential worst  case scenario.                                                                   
If no  problem exists under  worst case scenario  conditions,                                                                   
then  the researcher  can  feel confident  extrapolating  the                                                                   
results to milder cases.                                                                                                        
                                                                                                                                
Ms. Koch demonstrated  the worst case scenario  equation used                                                                   
in  the  study:  "Skagway  +   max[imum]  conc[entration]  of                                                                   
pollutants + lowest dilution factor = worst case scenario."                                                                     
                                                                                                                                
2:18:30 PM                                                                                                                    
                                                                                                                                
Ms. Koch reported that researchers  found a range of dilution                                                                   
factors from  about 4 to 12 at  2.5 meters (9 feet)  from the                                                                   
ship. (Slide  12) Dilution factors  vary based  upon velocity                                                                   
of the wastewater  discharged, the diameter of  the pipe, and                                                                   
the shape  of the port, etc.  In a worst case  scenario using                                                                   
the maximum  amount of pollutant  concentration divided  by 4                                                                   
(the least  dilution), ammonia,  copper, nickel and  zinc all                                                                   
exceed WQS in the receiving water.                                                                                              
                                                                                                                                
Slide 13 - (continuation of Slide 12.)                                                                                          
                                                                                                                                
Ms. Koch  analyzed  the results  at 2.5 meters  using a  best                                                                   
case dilution  factor of 12.  She summarized that  nickel and                                                                   
zinc meet WQS in the receiving  water, but ammonia and copper                                                                   
do not.                                                                                                                         
                                                                                                                                
Ms.  Koch  reviewed  the dilution  factor  at  the  outermost                                                                   
circular transect of 15 meters from the ship (Slide 14):                                                                        
                                                                                                                                
    · The lowest dilution factor (i.e. the least dilution                                                                       
      or "worst case") was 28.                                                                                                  
    · The highest dilution factor (i.e. best case - most                                                                        
      dilution) was 63.                                                                                                         
                                                                                                                                
Co-Chair Stedman  requested clarification  as to  whether the                                                                   
results referred to a boat traveling  at 6 knots or tied to a                                                                   
dock.  Ms. Koch  affirmed that  this most  recent study  took                                                                   
place while the boat was stationary.                                                                                            
                                                                                                                                
Senator  Olson  wondered  why  the study  targeted  the  four                                                                   
pollutants  when  ammonia  is  a natural  byproduct  of  most                                                                   
living organisms and the others  are elements in the periodic                                                                   
table.                                                                                                                          
                                                                                                                                
Ms. Koch pointed  out that DEC has had a cruise  ship program                                                                   
since 2001 part  of which involved vessels taking  samples of                                                                   
their wastewater effluent. After  2006, when law required DEC                                                                   
to establish a permit for cruise  ships, the department had a                                                                   
large  body  of  sample  data.  The  administration  compared                                                                   
actual data to WQS and chose the  most stringent regulations.                                                                   
                                                                                                                                
2:23:08 PM                                                                                                                    
                                                                                                                                
Ms.  Koch  saw  a  problem  in   that  ships  were  exceeding                                                                   
standards  for  ammonia,  copper, nickel  and  zinc.  Ammonia                                                                   
comes from urine;  copper, nickel and zinc come  from potable                                                                   
water  bought in  towns. Sometimes  soft  water generated  by                                                                   
evaporators picks up metals in the piping systems.                                                                              
                                                                                                                                
Senator Huggins asked if same thing happened in homes.                                                                          
                                                                                                                                
2:25:04 PM                                                                                                                    
                                                                                                                                
Ms.  Koch commented  that sewage  from a  home would  contain                                                                   
lesser  concentrations of  ammonia  because domestic  systems                                                                   
generally  have  more water.  Homes  do  not have  the  water                                                                   
saving mechanisms  that a cruise ship employs.  She explained                                                                   
that even  a plant delivering  fresh drinking water  from the                                                                   
utility  to an  individual's home  will pick  up some  metals                                                                   
from  the plumbing.  She  pointed out  that  1,300 parts  per                                                                   
billion  is the WQS  for copper  in drinking  water safe  for                                                                   
human consumption. Fish display  a high sensitivity to copper                                                                   
and the WQS set to protect aquatic  life registers much lower                                                                   
at 3.1 parts per billion.                                                                                                       
                                                                                                                                
Senator  Huggins asked  where Ms.  Koch went  to school.  Ms.                                                                   
Koch  said that  she  received her  Masters  degree from  the                                                                   
University of Washington.                                                                                                       
                                                                                                                                
Ms. Koch  returned  to the range  of dilution  factors  at 15                                                                   
meters.                                                                                                                         
                                                                                                                                
2:27:39 PM                                                                                                                    
                                                                                                                                
Ms. Koch  recounted that ammonia  and copper exceeded  WQS at                                                                   
2.5  meters,  which  prompted  the crew  to  test  the  water                                                                   
further out.                                                                                                                    
                                                                                                                                
Slide 15 -Dilution Factor at 15 meters from Ship                                                                                
                                                                                                                                
Ms.  Koch detailed  that applying  the maximum  concentration                                                                   
for  a pollutant  in  the 2008  season  and  dividing by  the                                                                   
highest dilution  will yield the best case  scenario in which                                                                   
all four  parameters meet WQS at  15 meters. In a  worst case                                                                   
combination  of a  maximum pollutant  with minimum  dilution,                                                                   
ammonia  and  copper  still  exceed   WQS  at  the  15  meter                                                                   
distance.                                                                                                                       
                                                                                                                                
Ms.  Koch approached  the  data as  relative  to the  current                                                                   
general permit  for cruise ships.  She acknowledged  that DEC                                                                   
knew  cruise  ships  would  have  a  difficult  time  meeting                                                                   
parameter  limits.  The  department  solved  the  problem  by                                                                   
initiating  two levels  of  standards.  More lenient  interim                                                                   
limits apply only to the 2008  and 2009 season. In 2010, more                                                                   
stringent  effluent  limits  equaling WQS  take  effect.  The                                                                   
department wished  to give the industry time  to move towards                                                                   
compliance.                                                                                                                     
                                                                                                                                
Slide  16 -  Comparison with  Interim Limits  in Cruise  Ship                                                                   
Permit                                                                                                                          
                                                                                                                                
Ms. Koch used the same dilution  factor equation and compared                                                                   
the calculations  to the interim  limits set in permit.  In a                                                                   
worst  case dilution,  2.5  meters  from the  hull,  ammonia,                                                                   
copper, nickel and zinc all exceed WQS.                                                                                         
                                                                                                                                
Slide 17 - (continuation of Slide 16.)                                                                                          
                                                                                                                                
Ms.  Koch  applied the  same  procedure  using a  worst  case                                                                   
dilution at 15 meters and all  four parameters met WQS. Based                                                                   
upon  data  from the  four  ships,  a ship  whose  wastewater                                                                   
complies  with  interim  limits  will  also meet  WQS  at  15                                                                   
meters.                                                                                                                         
                                                                                                                                
2:31:30 PM                                                                                                                    
                                                                                                                                
Slide 18 - Validation of Computer Models                                                                                        
                                                                                                                                
Ms. Koch  revealed an  achieved goal of  DEC's to  use actual                                                                   
field  data  in  testing a  computer  model.  She  pleasantly                                                                   
reported  that  in  close  proximity,  computer  models  were                                                                   
fairly accurate  in predicting the dilution  factor. Modeling                                                                   
estimated a lower dilution factor  than researchers observed.                                                                   
If  researchers  relied  solely  on  computer  software,  the                                                                   
results would appear more protective of the environment.                                                                        
                                                                                                                                
Co-Chair Stedman asked for comparative  evaluation of the two                                                                   
reports done by EPA and DEC.                                                                                                    
                                                                                                                                
Ms. Koch said  DEC wanted to validate the  computer modeling.                                                                   
The department also tried to add  value to EPA's endeavors by                                                                   
relating the dilution factors  to both Alaska WQS and interim                                                                   
limits in the general cruise ship permit.                                                                                       
                                                                                                                                
2:34:10 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman asked  if under  a worst  case scenario  of                                                                   
maximum  concentration  and minimum  dilution  factor of  28,                                                                   
ammonia and copper  would pass WQS in Washington,  Oregon and                                                                   
California at 15 meters from the ship.                                                                                          
                                                                                                                                
Ms. Koch imagined  the standards would be met.  She mentioned                                                                   
that states oftentimes look to  EPA to set WQS and then adopt                                                                   
the  federal  agency's  limits.  She offered  to  verify  the                                                                   
information.                                                                                                                    
                                                                                                                                
Co-Chair   Hoffman  sought  to   reaffirm  that   researchers                                                                   
conducted no studies  at speeds of 6 knots  and discharges at                                                                   
a rate of 200 cubic meters/hour.                                                                                                
                                                                                                                                
Ms.  Koch confirmed  that the  earlier study  carried out  on                                                                   
moving cruise  ships did rely  on field data.  The stationary                                                                   
ship study had similar components.                                                                                              
                                                                                                                                
Co-Chair Hoffman  asked if the  2010 minimum WQS are  set for                                                                   
Alaska only.                                                                                                                    
                                                                                                                                
Ms.  Koch replied  that the  general permit  only applies  to                                                                   
Alaska. Alaska  has the most  stringent standards  for cruise                                                                   
ship wastewater discharge in the country.                                                                                       
                                                                                                                                
2:37:42 PM                                                                                                                    
                                                                                                                                
Senator  Huggins  asked  if  DEC   planned  on  applying  the                                                                   
standards to the state ferry system.                                                                                            
                                                                                                                                
Ms.  Koch  replied  that  the  "Commercial  Passenger  Vessel                                                                   
Program"  has a  component for  looking  at smaller  vessels,                                                                   
including ferries and small ships  with an overnight capacity                                                                   
of between 50  and 249 passengers. The 2006  law required DEC                                                                   
to write a permit  for large ships, and it does  not apply to                                                                   
the  small  ships. Instead,  established  standards  regulate                                                                   
substances  such as fecal  coliform, chlorine  and the  total                                                                   
amount of  suspended solids in  the wastewater.  Standards do                                                                   
not exist for ammonia, copper, nickel and zinc.                                                                                 
                                                                                                                                
Senator  Huggins asked  if tides and  currents factored  into                                                                   
the study.                                                                                                                      
                                                                                                                                
Ms.   Koch   responded  that   researchers   collected   data                                                                   
surrounding weather  conditions, temperature, wind  speed and                                                                   
direction,  the tides,  currents and  speed of  the tides  in                                                                   
addition to  dye concentration. These factors  become evident                                                                   
in  the time  lapse pictures  of plume  distribution for  all                                                                   
four cruise ships  found in the draft report,  "An Assessment                                                                   
of  the  Cruise   Ship  Plume  Dilution   Study."  Scientists                                                                   
observed that the  plumes themselves do not always  move in a                                                                   
particular   orientation,  and   that   tides  and   currents                                                                   
certainly affect plume direction.                                                                                               
                                                                                                                                
2:41:30 PM                                                                                                                    
                                                                                                                                
Senator Huggins  pondered whether some WQS are  beyond modern                                                                   
engineering capabilities.                                                                                                       
                                                                                                                                
Ms.  Koch  referred  to  another   issue  in  the  Commercial                                                                   
Passenger  Vessel Program  that  looks at  what  technologies                                                                   
could  be   used  to  meet   the  stringent  standards.   She                                                                   
referenced a conference  on February 18, 2009  between DEC, a                                                                   
contractor and  a team  of experts that  began by  looking at                                                                   
non-complying  2008   cruise  ship  systems.   The  symposium                                                                   
conducted  a   search  into   other  vessels  with   on-board                                                                   
mechanisms  that would  meet WQS  and found  none. The  group                                                                   
scouted land-based technologies with success.                                                                                   
                                                                                                                                
Ms.  Koch  reported a  number  of  factors to  consider  when                                                                   
adapting   technologies   to   a  marine   environment.   The                                                                   
department  asked wastewater  treatment vendors  how long  it                                                                   
would take to install adapted  technologies on a cruise ship.                                                                   
Vendors gave a timeframe of about 1-2 years.                                                                                    
                                                                                                                                
Co-Chair Stedman  inquired into the prevalence  of land-based                                                                   
technologies  in  compliance with  WQS.  He  wondered if  the                                                                   
systems  exist in  a testing  stage or  fully implemented  in                                                                   
numerous locations around the country.                                                                                          
                                                                                                                                
Ms.  Koch   delineated  that   vendors  would  consider   the                                                                   
technologies  to  be  high-end  and  found  in  places,  like                                                                   
Silicon  Valley, with  metals  in the  effluent. A  municipal                                                                   
sewage treatment  plant would not include  these technologies                                                                   
as a standard part of a system.                                                                                                 
                                                                                                                                
2:45:31 PM                                                                                                                    
                                                                                                                                
Senator Huggins asked if the city of Juneau meets WQS.                                                                          
                                                                                                                                
Ms. Koch  informed that  Juneau has  three municipal  systems                                                                   
that  generally  meet  secondary   treatment  standards.  The                                                                   
plants need  only to periodically  report by taking  a sample                                                                   
of  the effluent  but have  no limits  associated with  metal                                                                   
concentration.                                                                                                                  
                                                                                                                                
Senator  Huggins  asked  if  Juneau   exceeds  the  pollutant                                                                   
limits.  Ms.  Koch  summarized  that  sometimes  the  Juneau-                                                                   
Douglas plant exceeds WQS and sometimes it meets them.                                                                          
                                                                                                                                
Senator Ellis  questioned whether cruise ships  could achieve                                                                   
WQS required  by the citizen's  initiative in  the relatively                                                                   
short period of 1-2 years.                                                                                                      
                                                                                                                                
2:47:34 PM                                                                                                                    
                                                                                                                                
Ms.  Koch  verified that  vendors  thought  the  technologies                                                                   
would take a year  or two to adapt. She noted  the newness of                                                                   
the  procedure and  uncertainty in  guaranteeing an  outcome.                                                                   
She  spoke  of  cruise  ships  trying  to  maximize  existing                                                                   
technologies  and conveying  more confidence  in meeting  the                                                                   
standards for ammonia than for metals.                                                                                          
                                                                                                                                
Senator  Ellis   thanked  DEC  for  holding   the  technology                                                                   
conference, which has pushed the conversation forward.                                                                          
                                                                                                                                
2:49:00 PM                                                                                                                    
                                                                                                                                
JOHN  BINKLEY,  PRESIDENT,  ALASKA  CRUISE  SHIP  ASSOCIATION                                                                   
(ACA), referenced  ACA's participation  in the original  1999                                                                   
science panel  convened to do  definitive work  on wastewater                                                                   
discharge.  The panel  brought about the  moving cruise  ship                                                                   
dilution  study   and  made   recommendations  to   the  2001                                                                   
Legislature  to adopt  the highest  standards for  wastewater                                                                   
discharge  in the  world. The  industry has  spent over  $200                                                                   
million  to install systems  and achieve  the best  treatment                                                                   
aboard any  vessels in Alaska.  Mr. Binkley displayed  a test                                                                   
tube  containing  cruise  ship   discharge.  Because  of  the                                                                   
exceedingly high  level of  wastewater treatment,  DEC allows                                                                   
ships to discharge  continuously - while underway  or docked.                                                                   
He applauded cooperation between  the industry and regulators                                                                   
to find ways to do better.                                                                                                      
                                                                                                                                
Mr. Binkley  emphasized  the salient point  mentioned  in the                                                                   
executive summary:                                                                                                              
                                                                                                                                
     "Based upon the data from the four ships in this study,                                                                    
     a ship whose wastewater complies with the interim                                                                          
     limits will meet the WQS at 15 meters (49 feet)."                                                                          
                                                                                                                                
Mr. Binkley drew  a parallel between the room  and a swimming                                                                   
pool where water  discharged at one end would  meet standards                                                                   
at the other.  He pointed out the achievement  of exceedingly                                                                   
high levels of  treatment in the space where  aquatic life is                                                                   
most   sensitive.   He  stressed   the   industry's   current                                                                   
accomplishments.                                                                                                                
                                                                                                                                
Mr. Binkley  brought attention  to the  50,000 to 1  dilution                                                                   
that occurs "almost instantaneously" behind a moving ship.                                                                      
                                                                                                                                
2:53:52 PM                                                                                                                    
                                                                                                                                
Mr. Binkley declared ACA's willingness  to keep improving. He                                                                   
mentioned  the association's  present  work  on reducing  the                                                                   
amount of  ammonia. He added  that the high concentration  of                                                                   
ammonia  exists  because  cruise ships  consume  very  little                                                                   
water.  Vessels deem  water a  precious  commodity and  water                                                                   
systems are expensive to operate and maintain.                                                                                  
                                                                                                                                
Co-Chair Stedman  asked for comment on the  saying, "Dilution                                                                   
is no solution to pollution."                                                                                                   
                                                                                                                                
Mr. Binkley had  a different view. He believed,  "Dilution IS                                                                   
the solution to  pollution." He expounded that  Mother Nature                                                                   
deals with the contamination of  air quality as well as water                                                                   
bodies  in   this  manner;  he   found  it  to  be   a  valid                                                                   
methodology.                                                                                                                    
                                                                                                                                
2:57:55 PM                                                                                                                    
                                                                                                                                
Senator  Huggins requested  a characteristic  display of  the                                                                   
industry  working  in  conjunction  with  DEC  to  solve  the                                                                   
problem.                                                                                                                        
                                                                                                                                
Mr. Binkley thought  the technology conference  showed a good                                                                   
example.  He   took  exception  with  DEC's   conclusions  of                                                                   
achievable technologies  within 1-2 years. He  thought this a                                                                   
tremendous stretch. He described  systems that cannot be used                                                                   
on a ship. He  urged an appropriate level of  water treatment                                                                   
based on science coupled with the technologies.                                                                                 
                                                                                                                                
3:01:34 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:01 PM.                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
EPA Cruise Ship Dilution Study.pdf SFIN 3/24/2009 1:30:00 PM