DEFENSE LOGISTICS AGENCY 

HEADQUARTERS 

8725 JOHN J. KINGMAN ROAD, SU!TE 2533 

FORT BELVOIR, VIRGINIA 22060-622 1 

iN REPLY 

REFER TO DSS-E 

Honorable Carol Browner 

Administrator, Environmental Protection Agency 

ATTN: OPPT Document Control Officer (7407) 

401 M Street, SW 

Washington, DC 20460 

Dear Ms. Browner: 

The Defense Logistics Agency (DLA), a component of the Department of Defense 

(DcjD), respe&lly submits the enclosed petition for an exemption to import c 

polychlorinated biphenyls (PCBs) and PCB items at concentrations less than 50 parts per 

million into the United States for purposes of disposal. Granting this exemption will 

allow the DLA to safely dispose of low level PCB-containing waste while giving the 

United States the means to take responsibility for waste generated by its military 

activities overseas. 

This petition is submitted in accordance with 40 CFR 750, Subpart B, Interim 

Procedural Rules for Manufacturing Exemptions, and pursuant to Section 6(e)(3)(B) of 

the Toxic Substances Control Act. Also enclosed is the endorsement of the Deputy 

Under Secretary of Defense (Environmental Security), Ms. Sherri W. Goodman. 

Our DLA point of contact for this matter is Ms. Karen Moran at (703) 767-6237. 

Sincerely, 

HENRY T. GLISSON 

Lieutenant General, USA 

Director 

Enclosures 

Federal Recycling Program Q7 

I 

,Printed on Recycled Paper 
OFFICE OF THE UNDER SECRETARY OF DEFENSE 

- - 3000 DEFENSE PENTAGON 

WASHINGTON DC 20301 -3000 

ACQUISITION AND 

TECHNOLOGY 

Honorable Carol Browner 

Administrator, Environmental Protection Agency 

1200 Pennsylvania Avenue, N. W. 

Washington, D.C. 20460 

Dear Ms. Browner: 

The Department of Defense endorses the Defense Logistics Agency’s petition for an 

exemption to the Toxic Substance Control Act to allow import of certain polychlorinated 

biphenyls (PC.Bs)ond PCB items into the United States for purposes of disposal. ._ 

The U.S. Armed Forces are an indispensable and highly visible instrument of U.S. 

foreign policy. Through our military presence overseas, the United States exerts an influence on 

the global community. This influence is manifested in our approach to security arrangements, 

alliances, and international agreements ranging from non-proliferation of weapons of mass 

destruction to trade and the environment. However, this presence overseas unavoidably results 

in generation of wastes, some of it hazardous, and some of it related to PCBs manufactured 

before their hazards were recognized. Granting this exemption will allow the DLA to safely 

dispose of low level PCB-containing waste while giving the United States the means to take 

responsibility for waste generated by its activities overseas. 

The importance of this issue was noted in my November 28,2000 letter providing DoD’s 

comments to a rule EPA recently proposed to address imports of PCBs from U.S. territories 

(OPPTS-66020). The United States Government has an obligation to dispose of its own wastes 

properly, regardless of where those wastes were generated and regardless of the origins of the 

PCBs that become U.S.-generated wastes. 

The point of contact in my office is Ms. Maureen Sullivan, (703) 604-05 19. The DLA 

point of contact for this matter is Ms. Karen Moran, (703) 767-6237. 

Very truly yours, 

hehi W. Goodman 

Under Secretary of Defense 

(Environmental Security) 

Environmental Security Defending Our Future tS 
PETITION TO THE 

ADMINISTRATOR, UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY 

FOR EXEMPTION UNDER THE 

TOXIC SUBSTANCES CONTROL ACT 

TO IMPORT AND DISPOSE OF PCBs AND PCB ITEMS 

(1) Petitioner: Defense Logistics Agency (DLA), a component of the U.S. Department of 

Defense, DSS-E, 8725 John J. Kingman Road, Fort Belvoir, VA 22060.’ Contact: Mr. Jan 

Reitman, Director, Environmental Policy, 703-767-6243; Ms. Karen Moran, Environmental 

Quality Staff, 703-767-6237 

(2) Exemption requested: An exemption is sought under 15 U.S.C. 2605(e)(3)(B) to 

import and dispose of transformers, switches, used oil, circuit breakers and debris (rags, 

small parts, and packaging materials) containing low levels of polychlorinated biphenyls 

(PCBs) at Environmental Protection Agency (EPA) licensed facilities in the United States. 

These PCBs and PCB items are currently in temporary storage on Wake Island. United 

States forces in Japan generated the material when the PCB articles were taken out of service 

on U.S. military installations in Japan. We believe the PCBs contained in the articles were 

originally manufactured outside the United States. 

L. 

. - .;a c 

(3) Manufacturing sites requiring exemption: None. Exemption is sought for import and 

disposal only. 

(4) Length of time requested for exemption: One year 

(5) Amount of PCBs and PCB items to be imported for disposal: The inventory at 

Attachment 1 identifies approximately 91 metric tons of material proposed for import and 

disposal, Based on assumptions regarding weight and volume, the DLA estimates 

approximately 3 1 metric tons of this material is liquid containing PCBs? The laboratory 

analyses of materials in this shipment indicate PCB concentrations of less than 50 ppm for all 

material that could be tested without disassembly (see discussion below). 

(6) Risk of injury to health or environment: 

a. Packing. Import and Transportation. The material is currently “overpacked” in 

primary and secondary containers in a U.S. Government-owned storage facility. The 

DLA will import the items on a U.S. flag vessel in accordance with applicable law. 

Following arrival in the United States, the property will be loaded for shipment on 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 

3 
2 

Department of Transportation (DOT) permitted carriers and transported for initial 

processing to the Trans-Cycle Industries (TCI) facility, EPA # ALD983 167891 , located at 

Pell City, Alabama. 

b. Treatment and Disposal. The initial processing of the material will be at TCI in Pell 

City, Alabama, and will result in three separate waste streams to be treated and disposed of as 

follows: 

1. The metallic components (e.g., transformer carcasses, switches, drip pans, 

etc.) extracted during initial processing will be cleaned/recycled at TCI's facility in 

Pell City. The TCI facility will follow its established and approved procedure based 

on its EPA permit for cleaning components, including testing. Once cleaned, the 

metallic components will be non-regulated and sent to smelters. 

2. The used oil and oils'extracted during initial processing will be sent to 

SUNOHIO, Inc. located in Canton, Ohio, EPA # OHD981100969. All oils will be 

detoxified and/or?fe-chlorinated to less than 2 ppm. ._ 

3. The non-recyclable residual solid wastes (e.g., wood, paper, ceramics) 

extracted during initial processing will be sent to Chemical Waste Management, Inc., 

at Emelle, Alabama, EPA # ALD000622464. All solid wastes will be landfilled. 

c. Evaluating Risk of Iniw to Health and the Environment. 

1. Low PCB Concentrations. All of the material in this shipment that could be 

sampled and tested without disassembly has been determined through analysis to contain low 

concentrations of PCBs, i.e., less than 50 ppm. The EPA has previously recognized that such 

low concentration levels pose significantly limited risk to health and the en~ironment.~ 

Accordingly, EPA regulation of material with PCB concentrations below 50 ppm is 

significantly less stringent than for higher concentration^.^ While the DLA believes any 

components that could not be tested were excluded from this shipment, there is a small 

possibility that internal components of certain transformers may contain PCB constituents. If 

present, these internal components have not been individually tested, because they are 

difficult or impossible to test without destroying their structural integrity. In addifion, TCI 

will test all items in this shipment during initial processing. If any items are found to contain 

PCBs of 50 or more ppm, they will be treated and disposed of in accordance with applicable 

regulations. 

2. Transportation. Handling, Treatment and Disposal in Compliance with U.S. Laws 

and Regulations. The DLA will import the material on a U.S. flag vessel in compliance with 

applicable law. Following arrival in the United States, the property will be transported, 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 

9 
3 

handled, treated, and disposed of in conformance with applicable DOT and EPA regulations, 

permits, and licenses. The items in this shipment are currently packaged in a protective 

manner to safely withstand the rigors of international, multi-modal transport. This includes 

appropriate blocking, bracing, overpacking, inclusion of spill containment devices, etc., 

inside the shipping containers, as required by applicable transportation regulations. EPA 

licensing of the proposed disposal facilities and approval of the proposed treatment methods 

assure that exempted import and disposal of the material will present no unreasonable risk of 

injury to health or the environment. The DLA and its contractors have extensive experience 

in safely returning other PCB items to the United States for disposal. Over the last four 

years, the DLA has returned over 1.3 million pounds of U.S.-manufactured PCB items from 

Japan in the same manner described above with no known spills or safety problems. 

3. Continued Storage on Wake Island Presents Unreasonable Risks. Continued 

storage of the material on Wake Island presents a risk of injury to health and the 

environment. Wake Island is part of Wake Atoll, which is situated in the northern Pacific 

Ocean, ,about twosirds of the distance from Hawaii to the Northern Mariana Islands. Wake 

Atoll is a territorial possession of the United States under the responsibility of the U.S. Air 

Force, delegated from the Department of Interior. The three islands of the atoll (Wake, 

Peale, and Wilkes) total less than 3 square miles in area. There is no indigenous population 

on Wake Island itself. Rather, it is occupied and used by elements of the DoD.' Thus, the 

risk posed by storage of the PCBs is to DoD military personnel, civilian employees, and 

contractors employed by the U.S. Government. Although the DoD monitors the location and 

security of the material as well as the weather, this tropical island is occasionally battered by 

typhoons and its marine environment and climate present risks of container deterioration and 

potential releases. Storm damage is a particular concern because the island is at or near sea 

level. Leakage of PCB-contaminated liquids as a result of such damage could create a risk to 

the limited fresh water supply on the island, located only 13 feet below ground level. Wake 

Atoll has no EPA permitted disposal facilities for this material. Thus, continued storage at 

Wake Island is inappropriate for the reasons noted by the EPA in its 1996 PCB Import for 

Disposal Final Rule: 

EPA believes that PCB wastes which are not disposed of for extended 

periods of time or which are not disposed of in facilities providing 

equivalent protection from release to the environment may ose an 

unreasonable risk of injury to health and the environment. 2 

d. Balancing Risks and Interests. The benefit of prompt disposal of the material in the 

United States, which eliminates the risks inherent in continued storage, far outweighs any risk 

associated with the DLA's proposed course of action. Granting this petition presents no 

no unreasonable risks and will serve to mitigate or lessen the risk of injury to the health 

and environment of the United States, as it will significantly reduce the risk of injury to the 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 

S 
4 

health of persons and the environment in a territorial possession of the United state^.^ As the 

EPA has recently noted in promulgating a proposed rule interpreting the Act: 

The prohibitions and restrictions on PCBs under TSCA section 6(e) and its 

implementing regulations protect not only the United States citizens in the 50 

states, but United States citizens in all the territories and possessions of the 

United States. PCBs in the 50 States and in the territories and possessions 

must be managed and disposed of in a manner that does not present an 

unreasonable risk to health or the environment. * 

The EPA, in its 1996 PCB Import for Disposal Final Rule, also underscored the benefit of 

prompt disposal in the United States: 

Based on the persistence of PCBs in the global environment and EPA’s finding 

that any exposure to human beings or the environment may be significant, EPA 

believes that the safe disposal of PCBs in approved U.S. facilities poses less .- 

risk of inj6 to health or the environment in the United States than the 

continued presence of PCBs in other countries, since proper disposal in this 

country provides protection against possible hazards from improper disposal 

elsewhere. 9 

Granting this petition will eliminate the risks cited above by removing these PCBs from 

federal property that cannot provide suitable disposal and permitting proper disposal in a 

manner limiting releases to the environment to the levels permitted by U.S. regulations. 

Accordingly, this application meets the statutory standard that “no unreasonable risk” may 

result from the grant of an exemption under the 6(e) authority. 

(7) Substitute for Disposal in the United States: In light of the circumstances surrounding 

importation of this material, the TSCA 6(e)(3)(B) requirement for a finding of good faith 

efforts to develop chemical substitutes for PCBs should be construed as requiring a showing 

that good faith effort has been made to find alternatives to disposal in the United States. 10 

The DLA submits that despite its good faith efforts to find alternatives to disposal of the 

material in the United States, there is no reasonable alternative to domestic disposal of these 

materials. 

a. Feasibility of DisDosal on Wake Island. Although the low level of PCBs in these 

materials (based on current test results) would allow them to be disposed of legally and 

safely in a solid waste landfill, that approach is not appropriate for Wake Island because of 

its small land area and the fact that all of the island is so close to sea level. Moreover, there 

are no facilities on Wake Island to provide on-site processing or treatment for disposal offisland. The DLA examined the alternative of transporting and constructing such 

processing or treatment facilities on Wake Island. To be properly processed, these PCB 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 
5 

materials should be separated into three streams: 1) metallic components to be recycled; 2) 

used oils to be treated; and 3) non-recyclable material to be disposed of as residual solid 

wastes. According to TCI, the cost of shipping a mobile PCB treatment system from the 

United States to Hawaii and back, and operating the system on Wake Island to clean and 

initially process the shipment, would be $1.2 million. Additional and potentially significant 

costs under this scenario include shipping the system from Hawaii to Wake Island and back; 

providing food and shelter for contractor personnel; providing power and water to operate the 

mobile system; and completing additional required environmental documentation and other 

managementloversight activities. 

This processing would also leave large quantities of metallic components and non-recyclable 

materials to be disposed of off-island. In addition, on-island processing would be an 

incomplete solution that would not obviate the need for this petition, because this process 

would leave the Government with thousands of pounds of residual PCB-containing materials 

still requiring a 6(e) petition to be shipped into the United States for disposal. These 

requirements, incwing the cost of shipping these materials to proper disposal facilities, ... would also significantly increase the Government's overall on-site disposal costs. 

Processing on-site at a newly established facility will make it more difficult to mitigate the 

unavoidable risks involved in such activities. Serious PCB spills, worker accidents, and 

other incidents will likely be more difficult to address in such a remote location. Additional 

risks may be involved in the creation of the facility on Wake Island, including equipment 

transportation and construction activities. In light of the concerns cited above, engaging in 

such processing activities on Wake Island would present significantly greater risks than 

shipping the materials to a site where the infrastructure and facilities already exist to process 

them properly. 

b. Feasibility of third countw disposal. The lack of suitable alternatives for disposal 

of PCBs generated by U.S. defense activities overseas is an ongoing concern and was 

explored in detail in a recent report to the U.S. Congress." There are no permitted PCB 

disposal facilities in Japan, where the waste was generated, and the DLA's efforts to dispose 

of the waste in Canada were unsuccessful.12 While attempting to effect proper 

disposal in Canada, the DLA also explored options in other countries. However, because the 

United States is one of the few nations that has not completed the ratification process to 

become a Party under the Basel Convention on the Control of Transboundary Movement of 

Hazardous Wastes and Their Disposal (the Basel Convention), which covers international 

transport of such materials as PCB wastes among party countries, the DLA is limited to 

searching for disposal facilities in those Basel Party countries with whom the United States 

has arrangements under Article 11 of the Convention. 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 

7 
6 

The DLA and its primary disposal contractor made extensive contacts over a period of 

several months with disposal facilities in numerous locations outside the United States in an 

effort to identify firms who could dispose of this shipment. The DoD also consulted at 

length with State Department officials whose responsibilities included international 

environmental matters and the nations under consideration. The variety of problems 

identified in these contacts regarding overseas disposal of this shipment resulted in a 

consensus that use of existing facilities in other developed countries was not a reasonable 

alternative. The final, coordinated Government position is that this option should be 

eliminated from further consideration. Aside from these countries, there are no other nations 

with suitable facilities that could accept the material, given the constraints of Article 11 of 

the Basel Convention. Even if other countries could accepthese wastes, activist groups 

could be expected to oppose United States disposal of its waste in third countries, because the 

Unites States has the technical capability to properly dispose of the hazardous materials 

itself. 

The DLA’-s di-ligept but unsuccessful attempts to locate appropriate disposal sites outside.the 

United States demonstrate its good faith efforts to pursue alternatives to disposal within the 

United States and fulfill the requirements of TSCA 6(e)(3)(B). 

(8) Economic consequences if petition is denied: The broad economic consequences of 

denying this petition are not readily susceptible to objective quantification. For example, 

there is no reliable way to assess the potential economic consequences to the United States 

stemming from potential international criticism relating to a decision by the United States not 

to import for domestic disposal PCB waste the United States itself generated through its 

military service activities overseas. Regardless of manufacturing origin, the failure of the 

United States to permit disposal of waste it generated overseas in furtherance of its national 

interests may strain international relations. During the DLA’s efforts to find alternative 

disposal sites for this material outside the United States, non-governmental organizations and 

foreign government representatives also objected frequently on these grounds. Similarly, it is 

difficult to estimate the economic consequences of continued storage of the material on 

Wake Island and the attendant exposure risks toUnited States personnel and the local 

environment, a risk that increases with time. These potential indirect consequences, while 

difficult to quantify, are of potentially greater magnitude than the direct costs already 

incurredI3 or to be incurred for continued storage on Wake Island. The estimated ‘mual cost 

of maintaining the material on Wake Island is $40,000, including continuing inspection, 

labor, and container replacement, but excluding the possible cost of site remediation. 

As previously discussed, disposal in third countries is not feasible. If such disposal were 

feasible, the estimated transport and disposal costs are as follows: 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 
7 

Developed country #1 approx. $1.15 - 2.25 million 

Developed country #2 approx. $3 million 

United States approx.' $0.85 million 

(9) Conclusion: The U.S. Armed Forces are an indispensable and highly visible instrument of 

U.S. foreign policy. Through our military presence overseas, the United States exerts influence 

on the global community. This influence is manifested in our approach to security arrangements, 

alliances, and international agreements ranging from non-proliferation ofweapons of mass 

destruction to trade and the environment. However, this presence overseas unavoidably results 

in generation of wastes, some of it hazardous, and some of it related to PCBs manufactured 

before their hazards were recognized. 

The exemption requested meets the statutory requirements for relief under section 6(e)(S) of the 

TSCA. The treatment and disposal facilities are compliant with U.S. law and the proposed 

import would not result in an "unreasonable risk of injury" to health or the environment. 

Granting this petit* to permit U.S. disposal of these U.S. generated, foreign-manufactured 

PCBs and PCB items would eliminate the risks inherent in continued storage of this material on 

Wake Island in a manner that avoids exposing the United States to international criticism for not 

accepting its own PCB waste. Additionally, the DLA has made every reasonable effort to locate 

appropriate disposal sites outside the U.S. as a substitute to making this request. 

For all the foregoing reasons, the DLA respectfully requests that the Administrator grant the 

proposed exemption. 

HENRY T. GLISSON 

Lieutenant General, USA 

Director, Defense Logistics Agency 

I The Defense Logistics Agency is the DoD Component that provides supplies and services to America's military 

forces at more than 500 sites in all 50 states and more than 25 foreign countries. The DLA manages more than four 

million consumable items and processes more than 30 million distribution actions annually. When the military no 

longer needs an item, the DLA arranges for its reutilization or ultimate disposition through the Defense Reutilization 

and Marketing Service (DRMS), a DLA primary level field activity. 

' Based on a review of available documents by DRMS personnel, the approximate weights of various items are 

provided: 

Drummed Oil - 62,895 lbs. 

Undrained Items (switches, transformers, etc.) - 59,861 lbs., containing approximately 1705 gallons of liquid. 

Drained Items - 38,456 Ibs. 

Debris - 497 lbs. 

9 
Debris - 497 Ibs. 

The EPA’s “PCB Q & A Manual” (1994) explains that the processing, distribution in commerce and use of 

excluded PCB products is generally unregulated, “based upon the Agency’s determination that the use, processing, 

and distribution in commerce of these products with less than 50 ppm PCB contamination will not generally present 

an unreasonable risk to health or the environment.” 

The EPA’s TSCA implementing regulations at 40 CFR 761.3 defme the category of “PCB excluded” products as 

materials that have PCB concentrations less than 50 ppm. Such products are excluded from the requirement in 40 

CFR 76 1.20 for totally enclosed use. Included in this category are PCB articles, PCB containers, and transformers 

with PCB concentrations less than 50 ppm, which are defined as “non-PCB transformers,” as well as electrical 

equipment, including circuit breakers, that contain PCBs at concentrations of less than 50 ppm. Because the 

transformers and circuit breakers in question contain PCB concentrations less than 50 ppm they would fall within 

the definition of “excluded PCB products.” Additionally, the EPA defines “PCB contaminated” as “containing 

concentrations greater than or equal to 50 ppm.” Therefore, the materials DLA seeks to import should not be 

classified as “PCB contaminated”. See 40 CFR Part 76 1.3. 

Wake Atoll is a territorial possession of the United States. Pursuant to Executive Order No. 1 1048, part I (Sept. 5, 

1962), the Secretary of the Interior is responsible for the atoll’s administration. The Secretary has re-delegated that 

authority“ to the GineBI Counsel of the Air Force. As the Ballistic Missile Defense Organization’s (BMDOj 

executive agent for support, the U.S. Army Space and Strategic Defense Command conducts operations on Wake 

Atoll; the BMDO has largely funded operations on Wake Atoll since 1994. 

6 61 Fed. Reg. 1 1099. 

’ TSCA was enacted to protect all of the citizens of the United States from unreasonable risk of injury to health or 

the environment from exposure to chemical substances. Under sections 3(13) and 3(14) of the Act,he “United 

States” is defrned to include “any state of the United States, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana Islands, or any other 

territory orpossession of the United States. ” (emphasis added) 

8 Polychlorinated Biphenyls (PCBs): Return of Waste from U.S. Territories Outside the Customs Territory of the 

United States, 65 Fed. Reg. 65654, (proposed Nov. 1,2000), at 65656. 

61 Fed. Reg. 11099. 

As a preliminary matter, it should be noted that many of the items in this shipment, which originated from a DLA 

storage facility in Sagami, Japan, were acquired by the military services prior to the 1979 ban on manufacture or 

import of PCBs. Thus the military services could not be expected to have expended “good faith” efforts to acquire 

PCB substitutes at the time the articles were originally obtained. Instead, the DLA’s efforts have focused on 

obtaining suitable disposal for these items. 

’‘ The National Defense Authorization Act for Fiscal Year 1999, section 324, directed the Secretary of Defense to 

submit a report to the Congress regarding foreign-manufactured PCB waste under DoD control overseas. The report 

was prepared and submitted in 1999. The EPA concurred in its release, noting that it looked forward to working 

with the DoD to ensure all PCB wastes are handled in an environmentally sound manner. The report stated in 

pertinent part: 

10 

Shrinking access to adequate disposal facilities overseas is an impediment to the environmentally 

sound disposal of foreign-manufactured PCB wastes. Most of the facilities that can dispose of 

PCBs in accordance with DLA standards are located in Europe or North America. Over the past 

several years, the European Union (EU) member States have been revising their waste policies to 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 
'. * , . 9 

- 

- 

restrict transboundary movements of hazardous waste. Currently, EU law prohibits imports into 

the EU of waste for disposal, except for parties to the Basel Convention. However, Basel parties 

wishing to export waste into the EU for final disposal must obtain prior approval from the 

importing country and must affirmatively show that they do not have and cannot acquire facilities 

to dispose of the waste in an environmentally sound manner domestically. It is not easy to obtain 

the cooperation of both the importing and exporting countries and the approval process is very 

time consuming. (Reporto Congress, Foreign Manufactured PCBs at U.S. Military Installations 

Overseas, p. 15, March 1999). 

'* The DLA's efforts to transport the waste to other countries for disposal have been unsuccessful. The DLA hired a 

contractor, Trans-Cycle Industries, Inc. (TCI), to dispose of these foreign-made PCBs and PCB items stored in 

Sagami, Japan. TCI contractually arranged to ship the low-level PCB waste material to a disposal facility in Canada 

using a commercial shipper as Canada does not regulate PCBs less than 50 ppm. The shipment left Yokohama, 

Japan on March 23,2000. Once special interest groups in Canada learned of the shipment, they lobbied Canadian 

officials to prohibit its planned disposal in Canada. Officials at the Canadian Embassy in Washington, DC, 

contacted the DoD, the EPA, and the State Department and expressed their desire that the shipment not come to 

Canada: In addition, Canadian Ministry of Environment officials contacted the U.S. Embassy in Ottawa asking for 

assistance. The Ministry of Environment also advised the contractor that no facilities in Canada would be able to 

accept the L. shipment. 

Recognizing that the shipment was very controversial in Canada, with the potential to adversely affect international 

relations, the DoD, the State Department and the EPA decided it would be prudent to consider other options. On 

April 5,2000, the EPA granted conditional approval to TCI to offload the shipment in Seattle, WA for thirty days 

while the contractor explored other disposal options. However, because of opposition from environmental groups, 

the Governor of Washington, and Congressional representatives, the PCBs were not offloaded in Seattle as planned. 

Arrangements were then made for the ship to continue its voyage to Canada to offload other commercial cargo, and 

the ship departed Vancouver on April 9,2000, with the low level PCB cargo still on board. 

. - .e .- 

The ship arrived in Yokohama, Japan, on April 18,2000, but the Japanese government opposed the return ofthe 

material. To avoid harm to diplomatic relations between the United States and Japan, while allowing for time to 

explore other options, the U.S. Ambassador assured the Japanese government that the containers would leave Japan 

no later than 30 days from April 18,2000. After lengthy discussions with the State Department, the EPA, the 

Department of the Interior, and Congressional delegations from Hawaii and Guam, the DoD decided to send the 

containers to Wake Island, a U.S. unincorporated territory in the Pacific Ocean outside the U.S. customs territory, 

for temporary storage. The shipment arrived there on May 19,2000 and the containers were safely offloaded and 

moved to temporary storage. 

l3 These costs include: 

Shipment of 14 PCB containers to Wake Island 

Preparation of 14 pads to store the containers 

Discharge Ship 

Environmental Documentation 

Total Direct (Sunk) Costs 

$500,250.00 

$140,000.00 

$ 60,000.00 

$ 30,000.00 

$730,250.00 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 

/I 
.* -8 

10 

Key to Wake Island PCB Spreadsheet 

Header Information 

Line Item - the item number foimd on the Department of Defense (DD) Form 1 155 (Delivery 

Order) under contract SP4420-99-D-0009. The original delivery order included items with a 

PCB concentration >50 ppm. However, the >50 ppm items were not included in this 

shipment, and their deletion resulted in the numerical gaps on this spreadsheet. 

HIN - Hazardous Item Number, description of item as found in the contract 

Description - Description of the item 

PPM - concentration of PCBs in the item 

Container - how item is packaged 

Weight - self explanatory , 

DTID - Disposal Turn In Document number on the Department of Defense Form 1348- 1 A, 

IssdeReleaseMeceipt Document that identifies the generator of the waste. c 

Serial Number - manufacturer serial number located on the item 

ND - item tested and analysis indicated less than 2 PPM 

Description Information 

0 PCB CONT LIQUID - PCB contaminated oil 

0 XFRMR - Undrained transformer 

0 Dunnage - packaging to include but not limited to crates, pallets and plastic sheeting 

0 XFRMR DRAINED - Drained transformer 

0 DEBRIS - small parts, rags and sorbent contaminated with PCBs 

Container Information 

55/85 - 55 gallon drum overpacked in an 85 gallon drum 

DR-Drum 

Crate - wooden crate 

Pallet - self explanatory 

Defense Logistics Agency 

Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances Control Act 

19 


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*. . . - .a