Federal Register Notice Concerning the Carriage of Shale Gas Extraction Waste Water in Bulk via Barge

Once more, many thanks to CAPT Dennis Bryant for mentioning the Coast Guard Oct. 30 Federal Register fracking water policy notice in his great resource, Bryant’s Maritime Blog, http://brymar-consulting.com/.

From the Federal Register, vol 78, issue 210:

“The Coast Guard announces the availability of a proposed policy letter concerning the carriage of shale gas extraction waste water in bulk via barge, and invites public comment. The policy letter specifies the conditions under which a barge owner may request and be granted a Certificate of Inspection endorsement or letter allowing the barge to transport shale gas extraction waste water in bulk. The policy letter also defines the information the Coast Guard may require the barge owner to provide and specifies the additional requirements the Coast Guard is considering imposing on such barges. Upon reviewing comments received on this proposed policy letter, Coast Guard will issue the final policy letter and specify its effective date.

DATES: Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before November 29, 2013 or reach the Docket Management Facility by that date.”

You may submit comments identified by docket number USCG– 2013–0915 using any one of the methods identified in the Federal Register notice.

From the policy letter, which will be posted on Regulations.gov but for now can be found at http://www.uscg.mil/hq/cg5/cg521/:

“The purpose of this policy letter is: (a) to specify the conditions under which a barge owner may request and be granted a Certificate of Inspection endorsement or letter, under 46 CFR 153.900(d), allowing the barge to transport shale gas extraction waste water (SGEWW) in bulk as Conditionally Permitted SGEWW; (b) to define the information the Coast Guard may require the barge owner to provide pursuant to 46 CFR 153.900(d)(1)(ii); and (c) to specify the additional requirements the Coast Guard imposes on such barges pursuant to 46 CFR 153.900(d)(2)(iii). A barge owner who has not been granted an endorsement or letter under 46 CFR 153.900(d), or who has not provided the information defined by this policy letter, or who has not complied with the additional requirements this policy letter describes, is prohibited from transporting SGEWW in bulk on that barge.”

"Endorsement of Certificate of Inspection. Pursuant to 46 CFR 153.900(d)(1)(i), a barge owner may request endorsement of a barge’s Certificate of Inspection, or a letter, allowing the barge to transport Conditionally Permitted SGEWW in bulk. Requests may be made by contacting the U.S. Coast Guard Commandant (CG-ENG-5) at (202) 372-1412 or by emailing HazmatStandards@uscg.mil. The Coast Guard, at its discretion, may provide the endorsement or letter, on condition that the barge owner conduct and document the analyses and surveys, and take the venting measures, described in this paragraph 8. Carriage requirements for SGEWW are given in Enclosure (4), and a sample endorsement is included in Enclosure (5) to this policy letter."

"Analyses. As an “additional requirement” that the Coast Guard may impose, per 46 CFR 153.900(d)(2)(iii), on the endorsement or letter described in paragraph 8.b, prior to carrying SGEWW on board the barge, the barge owner must have each consignment load of SGEWW chemically analyzed in accordance with Enclosure (1) to this policy letter. The barge owner must keep records showing the results of each analysis for two years and make those records available to the Coast Guard upon request. These records are subject to the Freedom of Information Act (FOIA). The identity of proprietary chemicals may be withheld from public release pursuant to the FOIA and applicable Coast Guard policy." (Details of analysis including the radioactivity concentration limit and the consignment activity limit are given in Enc. 1).

"Surveys. As an “additional requirement” that the Coast Guard may impose, per 46 CFR 153.900(d)(2)(iii), on the endorsement or letter described in paragraph 8.b, the barge owner must have the barge surveyed in accordance with Enclosure (1) to this policy letter, whenever the barge changes from carrying Conditionally Permitted SGEWW to carrying another cargo, and prior to the entry of any personnel, Coast Guard or otherwise, into the barge. The barge owner must keep records showing the results of each survey for two years and make those records available to the Coast Guard upon request."

"Venting. Carriage of Conditionally Permitted SGEWW may over time lead to the accumulation of radon, a daughter radionuclide of both Ra-226 and Ra-228, in the tank head space. Daily temperature changes can cause variations in tank pressure, and open venting provides pressure relief, preventing over- or under-pressurization of the tanks. Closed or restricted venting would trap the radon in the head space of the tank. Therefore, as a “design and equipment” requirement under 46 CFR 153.900(d)(2)(ii) and as an “additional requirement” under 46 CFR 153.900(d)(2)(iii), the barge owner must ensure that each barge to which the endorsement or letter described in paragraph 8.b is issued has open venting and must ensure that personnel avoid areas where gas from the tanks may escape, especially during loading and offloading. The owner may meet these requirements by ensuring that operational policy instructs personnel to avoid the tank vents and that personnel comply with that instruction."

Enclosure 1 of the policy discusses details of the analysis for hazardous materials including radioisotopes;  criteria to determine if SGEWW can be carried as conditionally permitted SGEWW, including radioactivity formulas, and safety conditions and procedures to protect personnel.

Enclosure 2 of the policy is a State of Pennsylvania Department of Environmental Protection Form 26R , Chemical Analysis of Residual Waste, Annual Report by the Generator.

Enclosure 3 are Sample Calculations for Maximum Allowed Volume.  These are equations used to find  the total radioactivity limit allowed to be transported in one barge.  Editorial comment – both shippers and inspectors will need to go back to school in order to understand this part of the policy document.

Enclosure 4 talks about Interim Minimum Requirements for the Carriage on Unmanned Barges, 46 CFR 153.  The policy letter states that has been assigned to Group 43 (Miscellaneous Water Solutions) as listed in 46 CFR Part 150. For those of us who don’t work with Title 46 a lot, Part 150 is found in Subchapter O.

Enclosure 5 is a sample Certificate of Inspection Endorsement for Carriage of Shale Gas Extraction Waste Water (SGEWW).

Questions or concerns regarding this policy may be directed to Commandant (CG-ENG-5) at (202) 372-1412 or emailed to HazmatStandards@uscg.mil.

__________________________________________________________________

The policy letter does not address any security concerns. Absent any word from the Coast Guard to the contrary, the towboat and barge transporting SGEWW appears to me to be a 104 vessel under 33 CFR 104.105(a)(8). A terminal accepting the vessel would become regulated under 33 CFR 105.

TWIC Enrollment Centers Transitioned from Lockheed Martin to MorphoTrust - Important Payment Information

On June 24, 2013, the Transportation Security Administration posted the following notice on its website:

The TWIC Program has transitioned to UES: All TWIC Enrollment Centers have now been transitioned to the Universal Enrollment Services (UES). For information and appointments please contact the UES Call Center at 1-855 DHS-UES1 (1-855-347-8371) Monday through Friday 8:00AM – 10:00PM Eastern. Effective 6/21/2013 all check and money order payments for TWIC services will be made out to MorphoTrust USA. IMPORTANT: All Enrollment Centers and the Call Center will be closed on July 4, 2013 for Independence Day.

TSA issues notices about affects of contractor change-over: mobile enrollment and EYO, center hours

The Transportation Security Administration has issued two notices about the change-over from contractor Lockheed Martin to contractor MorphoTrust. This changeover will affect  mobile enrollment and Enroll Your Own (EYO) arrangements and enrollment center availability and hours.  Both notices are reproduced below.

 UPDATED 05/23/2013: Transportation Worker Identification Credential (TWIC) – Mobile Enrollment and Activation Services TSA has been contacted by a number of stakeholders interested in establishing mobile enrollment and activation services at their facilities. TSA understands the flexibility that mobile enrollment and activation services provide, not only for TWIC renewals but for Extended Expiration Date (EED) TWICs.

 TSA has been contacted by a number of stakeholders interested in establishing mobile enrollment and activation services at their facilities. TSA understands the flexibility that mobile enrollment and activation services provide, not only for TWIC renewals but for Extended Expiration Date (EED) TWICs.

In April 2013, TWIC enrollment services began transitioning to a new contractor, MorphoTrust, under a Universal Enrollment Services (UES) contract. The UES contract includes enhanced mobile enrollment services, Enroll Your Own (EYO), and bulk payment arrangements.

Mobile enrollment services include the following options below:

 Mobile Enrollment Only – Mobile enrollment service without a mobile activation service

 Mobile Enrollment Plus Activation - Mobile enrollment and corresponding activation service

 Extended Expiration Date (EED) Bulk Order/Activation - Mobile service available via bulk orders, which includes the mobile activation service

MorphoTrust is now accepting orders for these services and will begin service in mid-summer 2013. Please submit mobile enrollment requests to Win Noble, MorphoTrust UES Communications Manager, at wnoble@morphotrust.com

Further details about mobile enrollment services and EYO capabilities will be available on the UES website – https://universalenroll.dhs.gov/ 

Please note that Lockheed Martin’s capacity to provide mobile enrollment and activation capability has been filled through the end of their contract. Please consider alternate plans such as utilizing fixed enrollment centers or requesting mobile services after completion of the UES transition (scheduled for end of June 2013). 

(Available at http://www.tsa.gov/sites/default/files/publications/pdf/twic/mobile_enrollment_and_activation_05_23_2013.pdf)

_____________________________________________________________

TWIC Stakeholders:  

The following TWIC enrollment centers will be closed on the date noted in an effort to assist their transition to a new enrollment provider as part of the Transportation Security Administration (TSA) Universal Enrollment Services (UES) initiative.  

As enrollment centers transition, their individual web pages will be updated to reflect any new logistics (e.g., location updates, new hours of operation, payment details, etc.).  Current information on enrollment centers can be found at:   

           http://www.twicinformation.com/twicinfo/schedule.jsp  

Below is a schedule of enrollment centers for the week of May 27-31, 2013, in which a Center will need to be closed on a given date to assist its transition.  Please note that during the week a site is transitioning, appointments will be blocked and the site will likely be busier than usual.  For appointments following a site’s transition, applicants can call the UES Call Center at 1-855 DHS-UES1 (1-855-347-8371), Monday through Friday: 8:00 AM - 10:00 PM EST.

Enrollment Center	Date Closed for UES Transition (Wk. of May 27-May 31)
American Samoa	05/28/13
Cedar Rapids, IA	05/29/13
Eureka, CA	05/29/13
La Plata, MD	05/29/13
Longview, WA	05/29/13
Pasco, WA	05/29/13
Port Fourchon, LA	05/28/13
Portland, ME	05/28/13
Providence, RI	05/28/13
Traverse City, MI	05/29/13

*Note: Following a site’s effective transition closure date above, check or money order payments for enrollments should be made payable to 'MorphoTrust USA', check or money order payments for card replacements and Extended Expiration Date (EED) services should be made payable to 'Lockheed Martin'.  For additional information and updates on the TWIC program, please visit http://www.twicinformation.com/twicinfo/.  

(From TWIC Stakeholder communications email)

FY13 Port Security Grant Program Solicitation posted

On May 22, 2013 FEMA posted the details of this year’s (FY13) Port Security grant program. The file is available at http://www.fema.gov/library/viewRecord.do?id=7471. Below are some important points:

 Key Dates and Times:

Application Start Date: 05/21/2013

Application Submission Deadline Date: 06/24/2013 at 11:59:59 p.m. EST

Anticipated Funding Selection Date: 08/02/2013

Anticipated Award Date: 09/01/2013

Award Amounts, Important Dates, and Extensions

Available Funding for this FOA: $93,207,313

Projected Number of Awards: 210

Projected Award Start Date(s): 09/01/2013

Projected Award End Date(s): 08/31/2015

Period of Performance: 24 months

Cost Match:

Public Sector. Public sector applicants must provide a non-Federal match (cash or in-kind) supporting at least 25 percent (25%) of the total project cost for each proposed project.

Private Sector. Private sector applicants must provide a non-Federal match (cash or in-kind) supporting at least 50 percent (50%) of the total project cost for each proposed project.

Cash and in-kind matches must consist of eligible costs (i.e., purchase price of allowable contracts, equipment). A cash match includes cash spent for project-related costs while an in-kind match includes the valuation of in-kind services. The cost-match requirement for the PSGP award may not be met by costs borne by another Federal grant or assistance program. Likewise, in-kind matches used to meet the matching requirement for the PSGP award may not be used to meet matching requirements for any other Federal grant program (e.g., FY 2013 funds are used to purchase a mobile command center from a vendor, the vendor contributes or donates communications equipment associated with the mobile command center, the value of the donated equipment may be considered as an in-kind match for the PSGP award only).

Program Objectives

The FY 2013 PSGP plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient Nation. Delivering core capabilities requires the combined effort of the whole community, rather than the exclusive effort of any single organization or level of government. The FY 2013 PSGP’s allowable costs support efforts to build and sustain core capabilities across Prevention, Protection, Mitigation, Response, and Recovery mission areas.

Grantees under the FY 2013 PSGP are encouraged to build and sustain core capabilities through activities such as:

• Strengthening governance integration;

• Enhancing Maritime Domain Awareness (MDA)

• Enhancing IED and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) prevention, protection, response and supporting recovery capabilities within the maritime domain

• Enhancing cybersecurity capabilities

• Maritime security risk mitigation projects that support port resilience and recovery capabilities

• Training and exercises

• Transportation Worker Identification Credential (TWIC) implementation

Application Review Information

The four core PSGP funding priorities for applications are:

• Funding Priority #1. Projects that support development and sustainment of the core capabilities in the NPG and align to PSGP funding priorities identified in Appendix B –PSGP Priorities. These include:

• Enhancing MDA

• Enhancing IED and CBRNE prevention, protection, response and recovery capabilities within the maritime domain

• Enhancing cybersecurity capabilities

• Maritime security risk mitigation projects that support port resilience and recovery capabilities

• Training and exercises

• TWIC implementation

• Funding Priority #2. Projects that address priorities outlined in the applicable AMSP, FSP, and Vessel Security Plan (VSP), as mandated under the MTSA and/or the Port-Wide Risk Mitigation Plans (PRMP)

• Funding Priority #3. Projects that address additional maritime security priorities based on the COTP’s expertise and experience of the COTP within the specific Port Area

• Funding Priority #4. Projects that are eligible and feasible based on program priorities, Port Area plans and priorities, and available period of performance 

Port Area Group Designations

For FY 2013, there will be two Port Area Group Designations, rather than the traditional four groupings in prior years. Table 2 lists the specific Port Areas by Group that are eligible for funding through the FY 2013 PSGP and the competitive funding amount available within each Group. This change helps ensure funding is made available to the highest risk ports and funding is awarded to projects that are rated most effective in addressing program priorities and mitigating port security risks. DHS/FEMA reserves the right to re-allocate funding from one group to the other should the applications within a particular group prove insufficient in terms of quality, number, and/or total project costs.

Group I Port Areas

Eight Port Areas have been selected as Group I (highest risk) and will be allocated 60 percent (60%) of funding available. Each Group I Port Area will compete for the target funding allocation assigned to the group. The amount of available funding for the group is based on the FY 2013 DHS risk analysis. This will allow applicants to submit IJs for projects without being confined to a set dollar amount, providing DHS the opportunity to conduct field and national reviews of each project and make awards based on the two overarching priorities of PSGP, risk-based funding and regional security cooperation, as well as evaluating the extent to which each IJ decreases risk for the Port Area.

Group II Port Areas

The legacy Group II, III, and All Other Port Areas are combined into a single Port Grouping known as Group II, which will receive the remaining 40 percent (40%) of funds available. These Port Areas will compete for the target funding allocation assigned to Group II. As is the case with the Group I Port Areas, available funding is based on results of the FY 2013 DHS risk analysis. The number of legacy Group II and III ports will be adjusted to, 47 and 35, respectively; thus the total number of Group II ports under the new grouping methodology is 82. Note: The total number of Group II ports does not include All Other Port Areas. 

Ineligible Entities

The PSGP will not accept applications or IJs from an applicant or sub-applicant for the purpose of providing a service or product to an otherwise eligible entity

Port-Wide Risk Management Planning for legacy Group I and Group II Port Areas

Legacy Group I and II Port Areas are encouraged to maintain their PRMPs and to use them to identify projects that will serve to address remaining maritime security vulnerabilities. These ports are also highly encouraged to develop a Business Continuity/Resumption of Trade Plan (BCRTP). For purposes of regional strategic and tactical planning, these plans must take into consideration all other Port Areas covered by their AMSP.

Depending on the number of highly rated IJs received within each Port Grouping, funding may adjusted between groups to ensure the most highly effective, risk based maritime security projects are funded.