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 Statesfor 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 responsibilityfor 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 PaperOFFICE 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 Statesexerts 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. Grantingthis 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 notedin my November 28,2000 letter providing 

### DoD’s comments to a ruleEPA recently proposedto address imports of PCBs from U.S. territories (OPPTS-66020). The United States Government hasan 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. KarenMoran, (703) 767-6237. Very truly

### yours,

hehi W. Goodman Under Secretaryof 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 anddispose of transformers, switches, used oil, circuit breakers anddebris (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 storageon Wake Island. United States forces in Japan generatedthe material when the PCB articles weretaken out of service on U.S. military installations in Japan. We believethe PCBs contained in the articles were originally manufactured outsidethe 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 1identifies 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 indicatePCB concentrations ofless 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 

# 32

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 betreated and disposed of as follows:
1. The metallic components (e.g., transformer carcasses, switches, drip pans, etc.) extracted during initial processing will be cleaned/recycledat 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 sentto smelters.
2. The used oil andoils'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 ChemicalWaste 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 shipmentthat could be sampled and tested without disassembly has been determined through analysisto 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 transformersmay 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 tocontain 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) ofthe Toxic Substances Control Act 

# 93

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 anddisposal of thematerial 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 ofWake Atoll, which is situated in the northern Pacific Ocean, ,abouttwosirds 

### ofthe distance from Hawaiito 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 ofthe DoD.' Thus, the risk posed by storage of the PCBs is to DoDmilitary personnel, civilian employees, and contractors employedby the U.S. Government. Althoughthe 

### 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 environmentand climate present risks 

### of container deterioration and potential releases. Storm damage is a particular concern because the island is at ornear 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

### 1996PCB 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 

### ofprompt disposal of the material in the United States, which eliminatesthe risks inherentin continued storage, far outweighs any risk associated with the DLA's proposed course of action. Granting this petition presents no no unreasonable risks and willserve 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 

# S4

health of persons and the environment in a territorial possession ofthe United 

## state^.^ As the EPA has recently noted in promulgating

### a proposed rule interpretingthe Act:
The prohibitions and restrictions on PCBs under TSCA section 6(e) and its implementing regulationsprotect 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 1996PCB 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 environmentmay besignificant, EPA believesthat the safe disposal of PCBs in approvedU.S. facilities poses less 

# .- risk of inj6 to health or the environmentin the UnitedStates 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 ofthe 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 alternativesto 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 lowlevel 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 WakeIsland 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 LogisticsAgency Request for Exemption under Sec. 6(e)(3)(B)of the Toxic Substances Control Act5

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 underthis 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, becausethis process would leave the Government with thousands ofpounds of residual PCB-containing materials still requiring a 6(e) petitionto be shipped into the United States for disposal. These requirements,incwingthe cost of shipping these materials to proper disposal facilities,


## ... would also significantly increase the Government's overall on-site disposal costs. Processing on-site ata 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 

### ofthe facility on Wake Island, including equipment transportation and construction activities. Inlight 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 thirdcountw 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 exploredoptions in other countries. However, because the United States is oneof the few nations that has not completedthe 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 amongparty countries, the 

### DLA is limited to searching for disposal facilities in those Basel Party countries with whom the United States has arrangements under Article 11of the Convention.

Defense Logistics Agency Request for Exemption under Sec. 6(e)(3)(B) of the Toxic Substances ControlAct 

# 76

The DLA andits 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 alsoconsulted 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 nota 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 accept hese wastes, activist groups could be expected to oppose United States disposal of its waste in third countries, because the Unites States has the technical capabilityto properly disposeof the hazardousmaterials itself.
The DLA’-s di-ligept but unsuccessful attemptsto locate appropriate disposal sites outside.the United States demonstrate its good faith efforts to pursue alternativesto disposal within the United States and fulfill the requirements of TSCA 6(e)(3)(B). (8) Economic consequencesif 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 bythe United States not to import for domestic disposal PCB waste the UnitedStates 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 to United Statespersonnel and thelocal environment, a risk that increases with time. These potential indirect consequences, while difficult to quantify, areof 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 containerreplacement, but excluding the possible cost of site remediation.
As previously discussed, disposalin 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 Act7
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 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 relatedto 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 eliminatethe 

### risks inherent in continued storageof 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 theU.S. as asubstitute 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 theDoD 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 morethan 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 itemsare provided:
Drummed Oil- 62,895 lbs. Undrained Items(switches, transformers, etc.) - 59,861 lbs., containing approximately1705gallons of liquid. Drained Items

### - 38,456 Ibs. Debris 

### -497 lbs. 

## 9Debris -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 contaminationwill not generally present an unreasonablerisk to health or the environment.”

The EPA’s TSCA implementing regulations at 40 CFR 761.3 defme the category of “PCBexcluded” productsas materials that have PCB concentrations less than 50 ppm. Such productsare excluded from the requirement in 40 CFR 761.20 for totally enclosed use. Included in this category are PCB articles, PCB containers, and transformers with PCB concentrationsless than 50 ppm, which are defined as “non-PCB transformers,” as well as electrical equipment, includingcircuit breakers, that contain PCBsat concentrations of less than 50 ppm. Because the transformers andcircuit breakers in question contain PCB concentrationsless than 50 ppm they would fall within the definition of “excluded PCBproducts.” Additionally, the EPA defines “PCB contaminated” as “containing concentrations greater than or equal to 50 ppm.” Therefore, the materials DLA seeks to import shouldnot be classified as “PCB contaminated”. See 40 CFR Part 76 1.3.

Wake Atoll is a territorial possession ofthe 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 ofthe 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 operationson Wake Atoll since 1994.

6 61 Fed. Reg. 11099. 

# ’TSCA was enacted to protect all of the citizens ofthe 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 MarianaIslands, or any other territory orpossession ofthe UnitedStates. ” (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), at65656. 61 Fed. Reg. 11099.
As a preliminary matter, it should be noted that many of the items inthis shipment, which originated from a DLA storage facility in Sagami, Japan, were acquired by the military services prior to the 1979 banon 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 areport to the Congress regarding foreign-manufactured PCB waste under DoD control overseas. The report was prepared and submittedin 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 withDLA standards are located in Europe or North America. Over the past several years, the European Union (EU) memberStates have beenrevising 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 ofwaste 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 fromthe importing country and must affirmatively show that they do not have and cannot acquire facilities to dispose ofthe 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 processis very time consuming. (Report o 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 PCBsand PCB items stored in Sagami, Japan. TCI contractually arranged toship the low-level PCB wastematerial to a disposalfacility in Canada using a commercial shipper as Canada does not regulate PCBs less than 50 ppm. The shipmentleft 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 Embassyin Washington, DC, contacted the DoD, the EPA, and the State Department and expressedtheir desire that the shipment not come to Canada: In addition, Canadian Ministry of Environment officials contacted the U.S. Embassy in Ottawa askingfor assistance. The Ministryof Environment also advised the contractor that no facilities in Canada wouldbe 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 decidedit wouldbe prudentto consider otheroptions. On April 5,2000, the EPA grantedconditional 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 continueits voyage to Canada to offload other commercialcargo, and the ship departed Vancouveron April 9,2000, with the low levelPCB cargostill 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 diplomaticrelations between the United States and Japan, while allowing for time to explore otheroptions, the U.S. Ambassador assured the Japanese government that the containers would leave Japan no later than 30 days from April 18,2000. After lengthydiscussions with the State Department, the EPA, the Department ofthe Interior, and Congressional delegations from Hawaii andGuam, the DoD decided to send the containers to WakeIsland, a U.S. unincorporatedterritory in the Pacific Ocean outsidethe U.S. customs territory, for temporary storage. The shipmentarrived there on May 19,2000 and the containers weresafely offloaded and moved to temporary storage.

l3 These costs include: Shipment of 14PCB containers to Wake Island Preparation of 14 pads tostore 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 1155 (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 resultedin 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 Documentnumber on the Department

### of Defense Form 1348-1 A, IssdeReleaseMeceipt Document that identifies the generator of the waste. c SerialNumber -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 withPCBs

Container Information
55/85 - 55 gallon drum overpacked in an 85 gallon drum DR-Drum Crate -wooden crate Pallet - self explanatory

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

### 19. 

### ..

*. . . - .a