UN1TED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 ~,~O STAr~- ~" '.s', ~~\ ~~ ... \~/~ ~~( PAO't.C= 

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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 (EPA) 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 aGeneral Permit from EPA 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 asan 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 EPA to indicate that there is little likeliliood that the PCBs (even when ~timated to be asmuch 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 andspecify, with regardto PCBs, the manner in which

the Navy is to proceedwith SINKEX activities W1der the existing EPA General Permit (40 CFR 229.2). We believe that SmKEX operationsshould continue under thel".1PRSAGeneral Permit andthe requirements therein, including thePCB-related requirements describedbelow.
Information to be Provjded to EP A b! the Navv Under MPRSA section 104(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 thestUdieslisted below andproducethe following information under the authority of theseprovisions. The Navy is required to conductthe following studiesofPCBs on SINKEX vessels: 1 The Navy must complete the s\U1kenvessel 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 sedimentscollected onthe Septerober 1998 samplecollection s\UVey. Analyscs include: sedimentPCB levels by congener analysisand AroclorTM PCBs; sedimentage-datingdata. laboratory PCB toxicjty testing (Acutc S-phaseandChronic S-phaseRhepoxvnius sp.and Neantbes sp. andcombined 28-daybioaccumulation 5tudieson Macoma sp. andNep;ht~ssp.)using the sedimentsamplescollected andcomposited from the September1998 samples.and sedimentdepogjtion measurements. Any current measurementscollected.nearto the seafloor from the S4 cwrent meter(s) shall alsobe reported. Analysis of exis~g coresftom samplenumbers 1-6 and 1-7 for 26 PCB congeners in thetop ten centimeters(nearestthe surfaceof the ocean floor) in one centimeter increments. b.

CuUcci.ion of ~uUiiioru11fish frOlll &rvuild ilie ye;5selAiid 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.



### -2-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:mplesin accordance with a plan approved by EPAlOW

. d.

The Navy sbal1conduct 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} asdeternrined by the Navy historical data collection archives. a.

b Irnplementation of the leach rate study according to the technicaVexperimental approach agTeedupon by EPA and the Navy at a mceting on June 17.1999 (Enclosure A). 

### 2 The Navy shall provide a report that presents an as.sessrnentof the potentia} human health and ecological risks assO~i8tedwith 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 EPNOW 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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-3-Regnirements Re1atinl! to PCBs Under the General Permit



### The Transport of Target Vessels GeneralPermit requiresthat appropriate measuresbe takento remove to the maximwn extentpracticab]e all materials which may degradethe marine environment (40 CFR 22;9.2(a)(4)). EPA believes that tberequirements related to PCBs listed below arepracticable and appropriate measuresto remove materials which m"Cy degradethe marine environment. Therefore. they arerequired by the generalpermit.

. Before engaging in a SlNKEX. the Navy must conduct aninventory of each SINKEX vesselto ascertainthe presenceofPCBs. This inventory and list of items removed prior to sinking must be provided to EP A in the annualreport (seeitem 4 below). Before sinking a S~X vessel. qualified personnel ataNavy 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 seall reasonable efforts to rcmove any capacitors andtransfo!'Iners containing lessthm 3 pounds of dielectric fluid from thevessel. Reasonableefforts include) but arenot necessarily limited to, the removal of capacitorsfrom electrical and control panels by using handtools such2£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;. andother non-liquid coatings andmateria1) before sinkjng the vessel.To the extent thattheir removal is practicable)thesenon-liquid PCBs arerequired to be removed under the MPRSA pennit. However, when suchobjects Calmotbe practicably removed or their removal threatCDs the stnlctural integri~ of the vesselssoasto impede the SINKEX. the Navy may leavesu~hitems in place (e.g.)felt materials that arebonded in bolted flanges or mounted under heavy equipment. certain paints andadhesives).Objects may be considered Dotcapableof practicable removal if equipment must be disassembled or removed for accessto the objects.if the objectsmust be removed by heat. chemical stripping) scraping. abrasiveblasting or similar process.or if removal would endanger human safety or health evenwhen conductedwith pIotective equipment and reasonable safety measures: 3) 

### Navy shall dispose of all removed PCBs or items containing PCBs in accordancewith the Toxic SubstancesControl Act PCB regulations. Navy shall report annua11yto EPA the efforts taken to clean each vessel prior to SINKEX 

### 4) -4-~ful FAX 202 250 99

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:0::;" and an cstimat~ oftbe w~ight ofPCBs prescnt on 'board at the time ofS;'T\Ki'T\g;the

locationa 0£&11

SINKF.X vcssds sunk that yca:r. pn:sentcd asthe vessf,ls' location on the bottom within 500 yards; and tbc water depth at which the vesscl rest3. Thi5 information shall be included in thc ~ua1 report to EPA that i5 requiTed by th~ gent::rBl p~t at section 229.2(b). This a.nDUa1 report shall 'be ~u~ to BPA by Febn1ary 1 each year, covering the previous calendar year. We ~ pleascd to be working with the Navy on this important project. and look forward to the completion ofthc sunken vessel study. Please feel fi"ccto contact David Rcdford. Acting Chicf of the Marine Pollurlon Control ~c.h (202-260-9179), if yO\1or yl;>urstaff have any qur.ations ~gaTding the above reqwrement8.

.

Enclosure

The tcrms and conditions spccified berein havc been accepted by:

.~~:z~- 

### Elsie L. MunaeU Dcputy AB5istantSec~tary of the Navy Environment and Safety

I' 01 I "," DPTIO..Al ~OAM 19 r7-8())

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