UN1TED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

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OFFICE OF

WATER

Elsie L. Munsell

Deputy Assistant Secretary of the Navy (Enviromnent and Safety) .

Department of the Navy

Office of the Assistant Secretary

1000 Navy Pentagon

Washington, DC 20350~lOOO

Dear Ms. Munsell:

As you know~ the Depar1ment of the Nayy (Navy) and the United States Environmental

Protection Agency (EP A) have been in discussions regarding the regulation o.f the SJNKEX

program, under which Navy vesscls are used for target practice in ocean waters. The Navy

cUITently holds a General Permit from EP A under the Marine Protection~ Researo~ and

Sanctuaries Act (MPRSA) for the SINKEX program (see 40 CFR 229.2, Transport of Target

Vessels).

.Polychlorinated biphenyls (PCBs) were rajsed as an issue in the late 1980s) when they

were found to.be present in certain solid materials on SINKEX vesse1s. Materials containing

PCBs include insulation) wires, felts, and rubber gaskets. Therefore, vessels: used for SINKEX in

the last several years have had most of the solid PCBs removed, leaving estimates of as much as

100 pounds ofPCBs on board when sinking took place.

The Navy began a monitoring st\ldy on a sunken Navy vessel in 1996 to determine if the

PCBs on Navy S~ vessels presented an unacceptable risk to the environment or human

health. This study is intended to verify the conc1usions of an ecological analysis that was

conducted by the Navy in March 1994. Although the sunken vessel study is not yet complete,

sufficient data have been developed and transfeITed to EP A to indicate that there is little

likeliliood that the PCBs (even when ~timated to be as much as 100 pounds) on future Navy

SrnKEX vessels wou1dpreseDt an unacceptable risk to the enviromnent or human health.

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This letter is intended to clarify and specify, with regard to PCBs, the manner in which

the Navy is to proceed with SINKEX activities W1der the existing EP A General Permit (40 CFR

229.2). We believe that SmKEX operations should continue under the l".1PRSA General Permit

and the requirements therein, including the PCB-related requirements described below.

Information to be Provjded to EP A b! the Navv

Under MPRSA section 1 04(d), EPA is to periowcal1y review and, if appropriate, revise

pennits issue.d under the MPRSA. This section of the statute authorizes EPA to alter or revoke.

partially or entire.ly the teInlS of pemUts where it finds, based on monitoring data from the dump

site and surrolU1ding area, that such matcria1scarri1ot be dmnped consistently with the. criteria and

other factors required to be applied in evaluating a peImit application. Further , 'MPRSA section

104(e) authorizes EPA to require peImit applicants to provide sucb infonnation as it considers

necessary to review and evaluate pemlit applications.

EP A is requiring the Navy to conduct the stUdies listed below and produce the following

information under the authority of these provisions.

1 The Navy is required to conduct the following studies ofPCBs on SINKEX vessels:

The Navy must complete the s\U1ken vessel monitoring study on the ex-U.S.S.

Agerholm. including completion of the assessment of the samples c::ollected

during the September 1998 survey and additional sample collection and analysis

as noted below.

a.

.

Analysis of sediments collected on the Septerober 1998 sample collection

s\UVey. Analyscs include: sediment PCB levels by congener analysis and

AroclorTM PCBs; sediment age-dating data. laboratory PCB toxicjty

testing (Acutc S-phase and Chronic S-phase Rhepoxvnius sp. and

Neantbes sp. and combined 28-day bioaccumulation 5tudies on Macoma

sp. and Nep;ht~s sp.) using the sediment samples collected and composited

from the September 1998 samples. and sediment depogjtion

measurements. Any current measurements collected. near to the sea floor

from the S4 cwrent meter(s) shall also be reported.

Analysis of exis~g cores ftom sample numbers 1-6 and 1- 7 for 26 PCB

congeners in the top ten centimeters (nearest the surface of the ocean

floor) in one centimeter increments.

b.

CuUcci.ion of ~uUiiioru11 fish frOlll &rvuild ilie ye;5sel Aiid i"CfCTCliCC st..tiUT"lS

and analysis for PCBs in tissue in accordance \\'ith a plan approved by

EPA Office of Water (EPA/OW).

c.

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Collection and analysis of additional sediment from at least 4 reference

stations for chemical analysis. toxicity .and bioaccUIIlulation potential

using the procedures used on the September 1998 sa:mples in accordance

with a plan approved by EP AlOW .

d.

The Navy sbal1 conduct a PCB Leachability Laboratory Study as described below'

Conduct a laboratory srody to detennine the leach rate ofPCBs into sea

water at the temperature and pressure present on a sunken vessel. If the

actual or approximate conditions cannotbc simulated, then EPAJOWapproved reasonable worst case conditions may be substituted. Materials

to be tested are electfical cable insulation. air handling system. gasket felt.

paint. insulation, rubber gaskets and other robber products. Tests must

address each of these materials at two PCB conceI1trations: the highes1

concentration available for that m3terial and the average concentration in

the materia} as deternrined by the Navy historical data collection archives.

a.

b Irnplementation of the leach rate study according to the

technicaVexperimental approach agTeed upon by EP A and the Navy at a

mceting on June 17.1999 (Enclosure A).

2 The Navy shall provide a report that presents an as.sessrnent of the potentia} human health

and ecological risks assO~i8ted with PCBs on SINKEX vessels. A draft of the report

shall be provided to EPNOW by early 2001 based on all data available at that time; the

Navy must submit the final report to EP NOW by the end of 200 1. The report shall

include the following:

Update the 1994 ecological eva]uaticin that the Navy conducted of the potential

effects ofPCBs on SINKEX vessels;

The results from studies of the ex.U.S.S. Agerholmt and

The results of the PCB leachability laboratory study.

.

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Regnirements Re1atinl! to PCBs Under the General Permit

The Transport of Target Vessels General Permit requires that appropriate measures be

taken to remove to the maximwn extent practicab]e all materials which may degrade the marine

environment (40 CFR 22;9.2(a)(4)). EPA believes that tberequirements related to PCBs listed

below are practicable and appropriate measures to remove materials which m"Cy degrade the marine environment. Therefore. they are required by the general permit. .

Before engaging in a SlNKEX. the Navy must conduct an inventory of each SINKEX

vessel to ascertain the presence ofPCBs. This inventory and list of items removed prior

to sinking must be provided to EP A in the annual report (see item 4 below). Before

sinking a S~X vessel. qualified personnel at a Navy or other approved facilIty shall:

1)

Remove all tiansfonners containing 3 pounds or more of dielectric fluid and all

capacitors containing 3 pounds or more of dielectric fluid.

a.

b. u se all reasonable efforts to rcmove any capacitors and transfo!'Iners containing

less thm 3 pounds of dielectric fluid from the vessel. Reasonable efforts include)

but are not necessarily limited to, the removal of capacitors from electrical and

control panels by using hand tools such 2£ wire or bolt cutters or a screw driver.

Drain and flush hydraulic equipment. heat transfer equipment. high/low pressure

systemst cutting power machinery which uses cooling or cutting oilt and

containers conta.irung liquid PCBs at ~50 ppm.

c.

2) EP A believes it is often practicable to remove non-liquid PCBs. jncluding: air handling

system gaskets; robber; plastic; dried appljed paint that is flaked-off; electrical cable

insulation;. and other non-liquid coatings and materia1) before sinkjng the vessel. To the

extent that their removal is practicable) these non-liquid PCBs are required to be removed

under the MPRSA pennit. However, when such objects Calmot be practicably removed or

their removal threatCDs the stnlctural integri~ of the vessels so as to impede the

SINKEX. the Navy may leave su~h items in place (e.g.) felt materials that are bonded in

bolted flanges or mounted under heavy equipment. certain paints and adhesives). Objects

may be considered Dot capable of practicable removal if equipment must be disassembled

or removed for access to the objects. if the objects must be removed by heat. chemical

stripping) scraping. abrasive blasting or similar process. or if removal would endanger

human safety or health even when conducted with pIotective equipment and reasonable

safety measures:

3) Navy shall dispose of all removed PCBs or items containing PCBs in accordance with

the Toxic Substances Control Act PCB regulations.

4) Navy shall report annua11y to EP A the efforts taken to clean each vessel prior to SINKEX

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Enc losure

The tcrms and conditions spccified berein havc been accepted by:

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Elsie L. MunaeU

Dcputy AB5istant Sec~tary of the Navy

Environment and Safety

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