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Dec 30, 2020

Port Safety Forum's 12/29/20 presentation by Habib Dagher, UMaine offshore wind pioneer.

The December 29, 2020 meeting of the Maine New 
Hampshire Port Safety Forum featured a talk by University of Maine's offshore wind efforts by professor Habib Dagher, followed by a lengthy Question and Answer session.   Listen to both below, as well as selections from the Q&A session

Habib Dagher UMe gives  Maine AquaVentus presentation 41min

Habib Dagher  Q&A Session 50 minutes 10 seconds

Maine DEP /BEP recommends no slowdown of waste imports into Maine, yet embraces "environmental justice".

After going through all the agency prose emitted by Maine DEP in response to the citizen initiated rulemaking to bar disposal in Maine of waste originating outside of the state of Maine, one can safely summarize it  as

The Board of Environmental Protection is unable to visualize a  Maine that does NOT import  waste from other states for burning and/or permanent storage  in  waste mounds.   The agency advising the Board  rests its case  on the wording of  the bad bill that  passed in a late night classic rush job,  badly amending state waste law so that it  recognizes construction and demolition debris or other "trash" wastes from other states as "Maine waste" once lightly processed inside the border.      

While they don't want to slow the flow of waste coming into Maine, the Board, however envisions adopting  the phrase "environmental justice" into rule and statute, so that the waste flow equally pollutes the air, water and soil of  rich and poor Mainers alike.  

As nothing seems to have come out of DEP   The Board should petition the governor to introduce legislation this session to close the waste importation loophole,  While it is too late for a legislator's  bill in 2021  Governor Mills can and should cause DEP to introduce a department bill  that would end bulk waste imports to Maine at any time.

The basic statement and response to comments

a critical section to read.    included all of DEP‘s responses, and some public  comments.

> Response to Comments 1-10 and 13-18

DEP clinging to the definition passed by the corrupted bill
>
> The Department acknowledges the many comments and the extensive information submitted both in support of, and in opposition to, the proposed change to the definition of “waste that is generated within the State” in the rulemaking petition.  Each comment and all information provided was reviewed and carefully considered. The Department, however, agrees with commenters who argued that the petition’s proposed definition of “waste that is generated within the State” is inconsistent with statutory language passed by the 129th Maine Legislature (PL 2019 Chapter 619), and that the Board of Environmental Protection therefore, does not have authority to adopt it in rule.  The Department is proposing that 06-096 C.M.R. Chapter 400 be modified to make its provisions consistent with this legislation.
>
> 11.Comment:  The definition of “bypass” should also be revised because the list of situations in which bypass is allowed in the current rule includes “for any other reason”.

A small win: DEP proposes making law and rules consistent about waste stream "bypassing" 
>
> Response:  Public Law 2019 Chapter 291 (LD 112) modified the statutory definition of “bypass” as recommended by the Department.  In its recommendation to the Board concerning the pending rulemaking petition, the Department is proposing that the regulatory definition of “bypass" be made consistent with statute.  In so doing, the phrase“for any other reason” would be eliminated

Too hard for Maine!?!

> 12. Commenter: Massachusetts and other states have strengthened their rules to protect the environment and prohibit disposal of certain wastes (e.g. construction and demolition debris, organics); Maine has not

> DEP Response:  Some states have put disposal bans in place for certain wastes (e.g.construction/demolition debris and organics such as food scrap), a principal purpose of which is to increase the recycling rates of those wastes by eliminating the disposal option for handling.  

Although the Department has discussed the imposition of additional waste bans periodically, it has continued to conclude that for some of these waste streams the recycling infrastructure in Maine at this point is simply not sufficient statewide to preclude disposal as a handling option

>
Sticking with the definition passed by the corrupted bill
> 19. Comment:   Commenters support a modification to the proposed rule that would remove residues from incineration as waste not generated within the State, regardless of the source of the waste combusted.

Adding the phrase “ Environmental Justice”  but that’s about it
>
> Response: Public Law 2019 Chapter 619 (LD 401) modified the statutory definition of “waste generated within the State” to, in part, include: “Residue generated by an incineration facility or a recycling facility that is located within the State, regardless of whether the waste incinerated or processed by that facility was initially generated within the State or outside the State”. In its recommendation to the Board concerning the pending rulemaking petition, the Department is proposing that the regulatory definition of “waste generated within the State" be made consistent with statute.
>
> ENVIRONMENTAL JUSTICE AND EQUAL PROTECTION
>"
> DEP Response: Section 5.E.3 of the current rule is constructed similarly to the proposed language of Section 5.E.5 and states: The facility is not inconsistent with local, regional, or state waste collection, storage, transportation, processing, or disposal”.  This construction suggests a shift in the nature of the evidence necessary to make a finding with respect to the standard, allowing a positive finding unless evidence is submitted that 289-12-demonstrates an inconsistency. This approach seems appropriate in view of the issues addressed by these 2 standards. This change was not made in the Department's recommended draft."
DEP Response to Comments 20-23 and 25-28:
> The Department acknowledges the many comments submitted both in support of, and in opposition to, the proposed inclusion of “environmental justice” and “equal protection” as standards in the Public Benefit determination process for new/expanded waste disposal facilities  Each comment was reviewed and carefully considered. "

The Department proposes to modify 06-096 C.M.R. Chapter 400 to include “environmental justice” as a consideration in the Public Benefit determination process as proposed in the petition.  Although commenters opposing inclusion of the language in the rule argued that it was vague, and the absence of a detailed regulatory standard could lead to inconsistency in its application, the Department agrees with supporters of the proposed language who pointed out that there are a number of broad standards in the existing rule that are not accompanied by detailed regulatory provisions.  "

The Department is not recommending separate inclusion of the concept of “equal protection” as proposed in the petition since it appears to be redundant in view of the broad definition of “environmental justice” that is proposed.  Further, the Department is not recommending inclusion of protection of the “health and welfare of local communities” in the Public Benefit standard since this concept is already clearly incorporated into both statute and rule with respect to solid waste facilities.  06-096 C.M.R. c. 400(3)(D) states, in part, that:  “The Department shall issue a license for a  solid waste facility whenever it finds, based upon substantial evidence in the record, that the solid waste facility will not . . . constitute a hazard to health or welfare . . .” 

The Department does agree with commenters opposing inclusion of the new standard that Maine’s environmental standards are rigorous, must be met by all solid waste facilities, and protect all citizens equally. However, the Department finds that the specific inclusion of “environmental justice” in the rule appropriately highlights the importance of this principle and does not generally increase the regulatory burden of applicants. "

The Department also agrees with those commenting that environmental justice is a concept that should be considered in a broader context than just the Solid Waste Management Rules.  The Department is committed to further evaluating this topic and beginning development of an agency-wide environmental justice policy"


Dec 18, 2020

Upstream Watch files appeal of Maine's okay of Nordic AQ's permits

 On December 16, 2020 environmental group Upstream Watch filed an 80-C appeal of a recent Maine Board of Environmental Protection's  approval  of water and air pollution permits  for Nordic Aquafarms.  (Read appeal below) The company has proposed  building a large land based salmon farm in Belfast, Maine that would  take in water from Penobscot Bay  and discharge treated fish wastewater back into the bay.  Below, read the  28 page Upstream Watch appeal, and separately its attachments (PDFs)

Upstream Watch 80-C Superior Court appeal 12/16/20  28 pages.

Attachment A 

Attachment B

Attachment C

Attachment D

Attachment E

Attachment Maps

DEP memo NAF May 20- 21, 2020

Attachment. Service letters







Euro-waste spills into Penobscot Bay, gets woven into seaweed wrack

 From the December 16, 2020  edition of  The Guardian, UK 

''We're getting Europe's waste?' US hit by plastic debris lost from UK ship

Environmentalists question why waste washing up on Maine coast was being imported from Northern Ireland for energy production

Shredded plastic collected on Sears Island
Shredded plastic destined to be burned in a waste-to-electricity plant in Maine has been washing up on the shores of Sears Island. Photograph: Material Research
Seascape: the state of our oceans is supported by
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Brightly coloured plastic debris from the UK has been washing up along the coast of Maine in the US after a shipment bound for incineration fell into the sea.

The plastic debris, part of a 10,000-tonne consignment from Re-Gen Waste, a company based in Newry, Northern Ireland, has infuriated environmentalists and locals surprised to learn that the north-eastern state of Maine is importing plastic from almost 3,000 miles away.

Volunteers struggling to clear the waste from the shoreline of Sears Island, alongside a company employed to tackle it, fear they are fighting a losing battle as more plastic washes up with every tide.

Politicians and environmentalists say the US, which is the world’s biggest producer of plastic waste, should not be importing more plastic. They are concerned about the potential effects on wildlife in Penobscot Bay, home to one of Maine’s first commercial lobster fisheries.

“This event was an unfortunate and preventable accident and speaks to a larger issue, that is, how we process trash,” Genevieve McDonald, a Democratic representative in the Maine legislature, said.

“We should not be in a position where any facility needs to import trash. This came as a surprise to me because I know how much plastic we create in the US.”

McDonald, who is a commercial lobster boat captain and sits on Maine’s marine resource committee, said she was also concerned about the effect of the waste on the area’s wildlife, as well as on the lobster fishery, “a cornerstone of our marine economy here in Maine”.

In a statement, Re-Gen Waste said it was “distressed” to learn of the “unacceptable and entirely preventable” incident. The bales of what it called “waste to energy fuel”, which is diverted from landfill, were being transferred from the MV Sider London cargo ship to Mack Port in Searsport during a storm on 2 December.

During the transfer, by Sprague Energy terminal, two bales fell into Penobscot Bay. One of the bales could not be retrieved, it said, and high winds blew the plastic on to the north-west side of Sears Island. The rest of the consignment was transferred to Penobscot Energy Recovery Company (Perc) in the town of Orrington, to be used to generate electricity.

The Re-Gen Waste statement said: “We have been active in the interim, working closely with Searsport’s town manager, Sprague Energy terminal and Penobscot Energy Recovery Co, to ensure that every measure possible is employed, to redress the situation.

“A crew from Clean Harbors in Hampden was deployed to clean up the plastic that accumulated on the north-west corner of Sears Island, and students from the Maine Ocean School were mobilised to do a further sweep of the shoreline last Friday.

Shredded plastic on the beach in Maine
Volunteers have been sweeping the area for debris. Photograph: Ethan Andrews

Re-Gen Waste said it had shipped between 80,000 and 100,000 tonnes of waste into Europe and across the world and this was the first time an “offloading incident” had been reported by a port. The Guardian contacted Sprague Energy and Perc for comment but neither has yet responded.

Ron Huber, a conservationist and executive director of Friends of Penobscot Bay, said he had already been concerned about waste from New York and other parts of New England coming to Maine. “Now we’re getting Europe’s waste as well? This is a real disincentive to reduce waste: ‘Oh we’ll just take your waste and burn it.’”

He said the area was important for wildlife, including moose and deer, and that the bay was host to fish nurseries.

“So many citizens are out there picking up the waste. But the whole thing is a comedy of errors. It shouldn’t have been a week before the agencies responded. They should have nets to make sure waste bales don’t fall into the sea.”

Jim Valette, an anti-waste campaigner who runs Material Research, a “low-profit” company, said the consignment was the biggest export to the US he had seen: “It’s usually going the other way. It’s outrageous it has come to us to clean up Europe’s mess.”

On average, 1,300 containers are lost at sea every year, according to the World Shipping Council.

From 1 January, controls on transboundary waste will be tightened under the Basel convention, a treaty covering waste shipments between nearly 190 governments, including the UK. The US has signed but not ratified the convention, but the regulations are expected to affect how it trades in plastic waste.

Dec 17, 2020

Maine government's sudden expansion of wind development - fishing industry responds.

The December 16, 2020 webinar about the state of Maine's latest offshore windpower initiative revealed an enormous change in plans. LISTEN BELOW TO AUDIO S OF GOVT & FISHFOLK  AT zoom meeting
Rather than 1-2 floating turbines off Monhegan, the state is now promoting 12 floating  "research turbines"  offshore the Sheepscot River as a 20 year "research" project -  selling power to the grid . Attendees mostly Midcoast fishfolk and reps of both the Maine Lobstering Union and the Maine Lobstermen's Association were  very skeptical of the state's plan as as presented by Celina Cunningham of the Governor's Energy Office and  DMR Deputy Commissioner Meredith Mendelson and the words of Chris Wissemann of Mitsubishi-owned offshore power wannabees Diamond Offshore Wind Development , 
1. Intro by Celia Cunningham, Governor's Energy Office 9 min 



Dec 15, 2020

Islesboro gets trashed with plastic Euro-waste

From Islesboro Island Trust 12/15/20
Plastic Waste from Ireland en route to the waste-to-energy incinerator in Orrington, Maine washes up on Islesboro

On a sunny December 2, 2020, with a brisk southerly breeze, Sprague Operating Resources dropped more than 2 tons of plastic waste next to the Mack Point terminal in Searsport while unloading a shipment of about 100 metric tons of what is called solid-recovered fuel [SRF - plastic that can’t be recycled that is processed for burning in facilities like the Penobscot Energy Company (PERC)] from the MV Sider London carrying this material from Re-Gen Waste in the United Kingdom to PERC.

John Kerr photo

Sprague did not report the spill at that time. The plastic spill was not known until six days later on December 8 when someone walking on Sears Island’s western beach noticed a huge amount of plastic, some in highly compressed chunks, mixed with seaweed along about a half-mile of the high tide line. The walker contacted journalist Ethan Andrews and the Maine Department of Environmental Protection (DEP). Andrews then broke the story to public media.

After media and DEP notification, Sprague launched a clean-up effort by contracting Clean Harbors from Hampden, Maine, who reportedly then sent a small clean-up crew to Sears Island. Hundreds of volunteers from Friends of Sears Island, the Maine Ocean School in Searsport, Upstream Watch and elsewhere provided significant additional clean-up help.

IIT learned about this plastic spill on Wednesday, December 9, after reading the brief Facebook report from Andrews. In addition to discussing this with Jon Kerr, retired biology teacher, IIT Trustee and IIT Preserves management assistant who I knew to be deeply concerned about all plastics in the world’s oceans but especially about microplastics, I walked the western shore of the Turtle Head Preserve to see whether any of the spill had washed ashore there.

Thankfully, none of this material could be seen along that stretch of Islesboro’s shore. I made two subsequent surveys here that did not reveal any of the spill at Turtle Head.

However, on Sunday, December 13, while walking the stretch of beach associated with the Red House Farm conservation easement that was given to IIT by Mrs. Owsley in 1988, Jon Kerr and Laine Alexander found some of the Irish plastic mixed with seaweed along what Jon described as an approximately 35- to 40-foot-long area of their beach. They looked both north and south of this location but did not find any more.

Jon immediately contacted IIT. IIT helped put him in touch with DEP and Ethan Andrews. Jon collected a few pieces of the shredded plastic and took pictures.

Monday, Jon wrote, “I talked to DEP this morning; was put through to three different people. Finally, was told that the cargo port was in charge of the clean-up and to contact them. I called Josh Littlefield, [Sprague manager] who is in charge of overseeing the clean-up, and left a message that the plastic is making an appearance on our shore.” Later in the day Jon reported that Littlefield “is going to try to have someone come out tomorrow [Tuesday, December 15] to look at a possible plastic clean-up plan.”

The stretch of beach where Jon and Laine found the plastic material is located on what chart’s refer to as Sprague’s Cove, roughly opposite Sprague’s Ledge and a little south of Barley Ledge. The location is not readily accessible by boat and is a considerable distance from Keller Point Road, the closest public way.

According to Friends of Sears Island President Susan White, who spent time on Sears Island helping to clean-up the plastic debris and with whom we have been in communication regarding this plastic spill, hand-picking the thousands, perhaps millions of very small pieces entangled in the seaweed is incredibly inefficient and cannot reasonably be expected to retrieve all of the pieces before continued dispersal in Penobscot Bay. Susan asks, “Who has the authority to determine when the [clean-up] work will be complete?”

IIT and others are also asking, “Where else in the Bay might this plastic be found?” Jon Kerr suggested using nets behind boats to trawl for particles. Jon spoke with Shey Conover, also an IIT Trustee and co-owner of Marshal Cove Mussels and Islesboro Marine Enterprises, about this possible attempt to assess dispersal through the Bay and she concurred, indicating that their business boats might be able to undertake just such a search through the water.

Meanwhile, The Telegraph in the UK published a piece today (December 15) titled “UK plastic waste washes up on unspoiled Maine island after falling into the sea.” FOSI’s Susan White, during a Penobscot Watershed Coalition meeting Monday to discuss plans for a watershed conference in late 2021, stepped away from her Zoom connection to take an interview from The Guardian.

The spill can be characterized as an international event of international concern.

In July this past summer, researchers from the Bigelow Laboratory for Ocean Sciences released a report on how microplastics affect lobster larvae, concluding that young larvae get microplastic fibers trapped under their shells that inhibit respiration, potentially leading to death. Older lobster larvae ingest microplastic particles, which pose health consequences for those lobsters as well as for humans who may consume them.

he Shaw Institute located just east of Islesboro in Blue Hill, Maine is a global forerunner in microplastic research. According to the Shaw Institute website (https://www.shawinstitute.org/focus/plastics-and-microplastics), their research “detected staggering amounts of microplastic fragments in water samples collected from Blue Hill and Penobscot Bays – on average, 17 plastic fragments in every liter of seawater.” Further, the Shaw Institute found significant numbers of microplastic pieces in oysters and mussels. Shaw notes that, “We are not only concerned for the health of our marine species, but by better understanding microplastics, we can help protect the health of seafood consumers.”

And all of the Shaw Institute research, of course, came before this current, massive plastic dump in Penobscot Bay immediately adjacent to and directly impacting Islesboro.

We expect an Ethan Andrews investigative piece on the spill and its effect on Islesboro later today or tomorrow in the FreePress (https://freepressonline.com/). We will continue to keep you updated as this evolving issue unfolds.

Steve Miller
Islesboro Islands Trust | P.O. Box 182, 376 West Bay Road, Islesboro, ME 04848

Dec 12, 2020

Penobscot Bay Spill Responders: Who they are. What they do.

When Maine suffers an oil or chemical or waste spill that enters or threatens to enter & harm a river or bay, a web of Emergency Responders is on hand to provide the expertise in nearly any situation. Below let's look at who they are and what they do in and around Maine's biggest bay.

COUNTY LEVEL: Each county has both a Local Emergency Planning AGENCY and a Local Emergency Planning COMMITTEE.
These are county level organizations, required under federal and state law to coordinate hazardous materials response preparedness activities. LEPC Purposes and Membership

* Waldo County Local Emergency Planning AGENCY
* Waldo County Local Emergency Planning COMMITTEE (LEPC)

* Knox County Local Emergency Planning COMMITTEE (LEPC)
* Knox County Emergency Planning AGENCY

* Hancock County Local Emergency Planning AGENCY
Hancock County Local Emergency Planning COMMITTEE (LEPC)

* All Maine County Emergency Planning agencies

STATE LEVEL
Maine Emergency Management Agency
MEMA and Human Caused Hazards

* State Emergency Response Commission (SERC)
Contact: Faith Staples 207.557.3675 faith.e.staples@maine.gov
SERC Duties
SERC October 13, 2020 Meeting Minutes

Maine DEP Spill Response _ Maine Spill Response Statute

STATE/FEDERAL * Maine Port Safety Forum Minutes of PSF

FEDERAL U.S. National Response Team (NRT) NRT "provides technical assistance, resources and coordination on preparedness, planning, response and recovery activities for emergencies involving hazardous substances, pollutants and contaminants, oil, and weapons of mass destruction in natural and technological disasters and other environmental incidents of national significance."