[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20638-20640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07988]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2013-0157; FRL--9798-2]
Petitions to Revise General Permit for U.S. Navy to Transport
Vessels for the Purpose of Sinking in Ocean Waters
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of receipt of petitions and opportunity for public
comment.
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SUMMARY: This notice announces the receipt of and invites public
comment on petitions submitted by the Basel Action Network, the Sierra
Club, and the Center for Biological Diversity, requesting that the U.S.
Environmental Protection Agency take immediate action under the Marine
Protection, Research and Sanctuaries Act to protect human health and
the environment from polychlorinated biphenyls that leach from ships
used for Navy's SINKEX program. The U.S. Environmental Protection
Agency invites public comment on the aforementioned petitions for the
purpose of determining how to respond to the requests for action
related to the Marine Protection, Research and Sanctuaries Act.
DATES: Comments must be received on or before May 6, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OW-2013-0157, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Mail: Send an original and three copies of your comments and
enclosures (including references) to EPA Water Docket, U.S.
Environmental Protection Agency, Mail Code: 2822-IT, 1200 Pennsylvania
Avenue NW., Washington, DC 20460, Attention Docket No. EPA-HQ-OW-2013-
0157.
Hand delivery: EPA Water Docket, EPA Docket Center, EPA West
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20460, Docket No. EPA-HQ-OW-2013-0157. Deliveries to the docket are
accepted only during their normal hours of operation: 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. For access to
docket materials, call: (202) 566-2426, to schedule an appointment.
E-mail: [email protected]; Attention Docket No. EPA-HQ-OW-2013-
0157. To ensure that EPA can properly respond to comments, commenters
should cite the paragraph(s) or sections in the proposed permit to
which each
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comment refers. Commenters should use a separate paragraph for each
issue discussed, and must submit any references cited in their
comments. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment. Electronic files should avoid any form of encryption and
should be free of any defects or viruses.
Instructions: Direct your comments to docket ID number EPA-HQ-OW-
2013-0157. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The Federal http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to EPA
without going through http://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the EPA Water Docket are listed in the
docket index. Although listed in the index, certain material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the EPA
Water Docket in Room 3334, 1301 Constitution Avenue (EPA West
Building), NW., Washington, DC 20004. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744, and the telephone number for the EPA Water
Docket is (202) 566-2426.
FOR FURTHER INFORMATION CONTACT: Laura S. Johnson, Marine Pollution
Control Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; (202) 566-1273; [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Interested Entities
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Category Examples of interested entities
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Federal Government..................... U.S. Navy, Maritime
Administration, U.S. Army
Corps of Engineers, U.S. Coast
Guard, National Oceanic and
Atmospheric Administration.
State/Local/Tribal Government.......... Coastal communities.
Industry and General Public............ Shipyards, salvage companies,
environmental remediation
enterprises, commercial and
recreational deep sea fishing
interests, environmental
interest groups.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in this
notice. This table lists the types of entities that EPA is now aware
could potentially be interested in this notice. Other types of entities
not listed in the table could also be interested.
B. What should I consider as I prepare my comments for EPA?
Consider the following suggestions for preparing your comments:
1. Identify the docket identification number in the subject line on
the first page of your response. Also, it would be helpful to EPA if
you provided the name, date, and Federal Register citation related to
your comments.
2. Explain your views as clearly as possible, including the subject
matter about which you agree or disagree and why.
3. Describe any assumptions that you used.
4. Provide any technical information and/or data you used that
support your views.
5. If you estimate potential burden or costs, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns.
7. Offer alternatives.
8. Make sure to submit your comments by the comment period deadline
identified.
II. Background
The Marine Protection, Research and Sanctuaries Act (MPRSA) of
1972, as amended, also known as the Ocean Dumping Act, regulates the
transportation and dumping of material into ocean waters. Under the
MPRSA, no permit may be issued for ocean dumping where such dumping
will unreasonably degrade or endanger human health or the marine
environment.
In 1977, the U.S. Environmental Protection Agency (EPA) promulgated
regulations for implementing the MPRSA permitting authority, 40 C.F.R.
parts 220-229. 42 FR 2489 (Jan. 11, 1977). At that time, EPA issued a
general permit to the U.S. Navy (Navy) for the Sink Exercise Program
(SINKEX) to transport vessels from the United States, or from any other
location, for the purpose of sinking such vessels in ocean waters in
testing ordnance and providing related data. 40 C.F.R. 229.2. SINKEX
involves the use of obsolete military vessels for target practice by
military personnel, with the consequent sinking of the vessel. The Navy
views these activities as essential for training personnel and testing
military equipment. Vessels used for SINKEX are prepared according to
the terms of the MPRSA general permit issued to the Navy.
Under the MPRSA general permit, obsolete vessels used in SINKEX are
required to be sunk at least 50 nautical miles from land and at depths
of at least 1000 fathoms (6000 feet). The permit requires that, prior
to sinking, appropriate measures be taken to remove to the maximum
extent practicable all materials that may degrade the marine
environment. This includes the emptying of all fuel tanks and fuel
lines to the lowest point
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practicable (followed by flushing with water and again emptying) and
removing from the hulls other pollutants and all readily detachable
materials capable of creating debris or contributing to chemical
pollution. Thus, while the permit requires appropriate measures to
remove to the maximum extent practicable all materials that may degrade
the marine environment, the permit also recognizes that it may be
impracticable to remove some materials.
In a letter dated August 2, 1999 from EPA to the Navy, EPA provided
its interpretation of the MPRSA general permit requirement to ``remove
to the maximum extent practicable all materials that may degrade the
marine environment'' as including polychlorinated biphenyls (PCB)
containing materials, such as ship components containing PCBs. See
Letter from Robert H. Wayland, Director of the Office of Wetlands,
Oceans and Watersheds, to Elsie L. Munsell, Deputy Assistant Secretary
of the Navy (Aug. 2, 1999). This letter states that:
Before engaging in a SlNKEX, the Navy must conduct an inventory
of each SINKEX vessel to ascertain the presence of PCBs. This
inventory and list of items removed prior to sinking must be
provided to EPA in the annual report * * *. Before sinking a SINKEX
vessel, qualified personnel at a Navy or other approved facility
shall:
--Remove all transformers containing 3 pounds or more of dielectric
fluid and all capacitors containing 3 pounds or more of dielectric
fluid.
--Use all reasonable efforts to remove any capacitors and
transformers containing less than 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 as wire or bolt cutters or a screw
driver.
--Drain and flush hydraulic equipment, heat transfer equipment,
high/low pressure systems, cutting power machinery which uses
cooling or cutting oil, and containers containing liquid PCBs at
greater than or equal to 50 parts per million (ppm).
In the August 2, 1999 letter from EPA to the Navy, EPA noted that
``it is often practicable to remove non-liquid PCB-containing
materials, including: air handling system gaskets; rubber; plastic;
dried applied paint that is flaked-off; electrical cable insulation;
and other non-liquid coatings and material, before sinking the
vessel.'' To the extent that their removal is practicable, EPA
explained that ``these non-liquid PCB-containing materials are required
to be removed under the MPRSA permit. However, when such objects cannot
be practicably removed or their removal threatens the structural
integrity of the vessels so as to impede the SINKEX, the Navy may leave
such items in place (e.g., felt materials that are bonded in bolted
flanges or mounted under heavy equipment, certain paints, and
adhesives).'' EPA further noted that ``objects may be considered not
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 protective equipment and reasonable safety measures.''
Further, the August 2, 1999 letter states that the Navy shall report
annually to EPA, the effort taken to clean each vessel prior to SINKEX
and provide an estimate of the weight of PCBs present onboard at the
time of sinking.
III. Today's Action
EPA is providing the opportunity for public comment on the two
petitions received that request EPA amend the MPRSA general permit as
it relates to removal of PCBs from ships used in Navy's SINKEX program.
The first petition, dated June 2011, and submitted by the Sierra Club
and the Basel Action Network, requested that EPA:
Amend the MPRSA general permit for SINKEX to comply with the MPRSA
by reflecting the latest scientific knowledge about the amount of
PCBs disposed through the SINKEX program and about leaching of PCBs
from sunken ships. At a minimum, the permit should be amended to
require:
a. Materials containing PCBs to be removed from ships to the
``maximum extent practicable'' with the best current techniques; and
b. Prior to sinking, remediate ships to the London Convention's
``trace contaminant'' requirement.
The second petition, dated April 2012, and submitted by the Basel
Action Network, Sierra Club, and the Center for Biological Diversity,
again requested that EPA amend the existing MPRSA permit for SINKEX:
1. Effective immediately, requiring all PCB-contaminated
materials in concentrations of 50 ppm or greater to be removed from
SINKEX vessels prior to sinking;
2. Requiring all PCB-contaminated materials in concentrations of
less than 50 ppm to be removed from SINKEX vessels prior to sinking
to the maximum extent practicable; and
3. Requiring additional studies to determine whether PCB-
contaminated materials in concentrations of less than 50 ppm
constitute ``trace'' contaminants, such that their dumping will not
cause undesirable effects including the possibility of
bioaccumulation. Such additional studies should include the most
recent data on the toxicity, persistence, and bioaccumulation of
PCBs and should include monitoring at multiple recent sink sites.
Studies should also assess the releases of other potentially
hazardous pollutants into the marine environment from the SINKEX
program including heavy metals, asbestos and radioactive substances.
Technical studies and data that accompanied the petitions are
included in the docket for this proceeding. As noted above, EPA has not
made the copyrighted material available on the Internet, but that
material is publicly available in hard copy form via the Public Reading
Room in EPA's Docket Center.
Dated: March 28, 2013.
Nancy Stoner,
Acting Assistant Administrator, Office of Water.
[FR Doc. 2013-07988 Filed 4-4-13; 8:45 am]
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