Petitions to Revise General Permit for U.S. Navy to Transport Vessels for the Purpose of Sinking in Ocean Waters, 20638-20640 [2013-07988]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 20638 Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices impacts of hydraulic fracturing on drinking water resources. On August 21, 2012, the SAB Staff Office requested public nominations of experts to serve on a Panel to advise the Agency on EPA’s ongoing research on the potential impacts of hydraulic fracturing on drinking water resources (77 FR 50505—50506). On November 27, 2012, the SAB Staff Office posted a notice on the SAB Web site inviting public comments by December 19, 2012, on candidates for the Panel. Information about formation of the Panel can be found at https://yosemite.epa.gov/sab/ sabproduct.nsf/02ad90b136fc21ef85256 eba00436459/b436304ba804e3f885257 a5b00521b3b!OpenDocument&Table Row=2.1#2. The purpose of the May 7–8, 2013, meeting is for individual members of the Panel to provide expert comments on charge questions associated with the research described in EPA’s Progress Report. The purpose of the May 16, 2013, teleconference is to provide additional opportunity for members of the public to submit relevant oral statements on EPA documents for consideration by the Panel. Also, periodic opportunities for the public to provide additional input for consideration by the Panel will be provided after the May 7–8, 2013 public meeting and May 16, 2013 public teleconference call. Availability of Meeting Materials: The agenda and other materials in support of the meeting and teleconference call will be available on the SAB Web site at https://www.epa.gov/sab in advance of the meeting and teleconference call. Procedures for Providing Public Input: Public comment for consideration by EPA’s federal advisory committees and panels has a different purpose from public comment provided to EPA program offices. Therefore, the process for submitting comments to a federal advisory committee is different from the process used to submit comments to an EPA program office. Federal advisory committees and panels, including scientific advisory committees, provide independent advice to the EPA. Members of the public can submit relevant comments for consideration by the Panel. Input from the public to the SAB will have the most impact if it provides specific scientific or technical information or analysis for the SAB to consider or if it relates to the clarity or accuracy of the technical information. Members of the public wishing to provide comment should contact the DFO directly. Oral Statements: In general, individuals or groups requesting an oral presentation at a public meeting will be VerDate Mar<15>2010 17:14 Apr 04, 2013 Jkt 229001 limited to five minutes. Persons interested in providing oral statements at the May 7–8, 2013, meeting should contact Mr. Hanlon at the contact information provided above by April 30, 2013. If there is insufficient time during the May 7–8, 2013 public meeting call to allow all scheduled public speakers to provide oral statements, those scheduled public speakers who could not provide oral statements during the May 7–8, 2013 public meeting will be provided opportunity to present their oral statements during a teleconference call scheduled to occur on May 16, 2013. Written Statements: Written statements for the May 7–8, 2013, meeting and May 16, 2013, teleconference call should be received in the SAB Staff Office by April 30, 2013, so that the information may be made available to the SAB for its consideration prior to this meeting and teleconference call. Written statements should be supplied to the DFO in the following formats: either an electronic copy (preferred), via email (acceptable file format: Adobe Acrobat PDF, MS Word, WordPerfect, MS PowerPoint, or Rich Text files in IBM–PC/Windows 98/ 2000/XP format), or in hard copy. Submitters are asked to provide electronic versions of each document submitted without signatures, because the SAB Staff Office does not publish documents with signatures on its Web sites. Members of the public should be aware that their personal contact information, if included in any written comments, may be posted to the SAB Web site. Copyrighted material will not be posted without explicit permission of the copyright holder. Accessibility: For information on access or services for individuals with disabilities, please contact Mr. Hanlon, at the phone number or email address noted above, preferably at least ten days prior to the meeting and teleconference call, to give the EPA as much time as possible to process your request. Dated: March 25, 2013. Thomas H. Brennan, Deputy Director, Science Advisory Board Staff Office. [FR Doc. 2013–07992 Filed 4–4–13; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 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 Environmental Protection Agency (EPA). ACTION: Notice of receipt of petitions and opportunity for public comment. AGENCY: 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: https:// 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: ow-docket@epa.gov; 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 SUMMARY: E:\FR\FM\05APN1.SGM 05APN1 Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices 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 https:// 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 https:// www.regulations.gov or email. The Federal https://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 https://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 20639 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 https:// 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; johnson.laura-s@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Interested Entities Category Examples of interested entities Federal Government ................................................................................. U.S. Navy, Maritime Administration, U.S. Army Corps of Engineers, U.S. Coast Guard, National Oceanic and Atmospheric Administration. Coastal communities. Shipyards, salvage companies, environmental remediation enterprises, commercial and recreational deep sea fishing interests, environmental interest groups. State/Local/Tribal Government ................................................................. Industry and General Public ..................................................................... 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 17:14 Apr 04, 2013 Jkt 229001 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 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 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 E:\FR\FM\05APN1.SGM 05APN1 20640 Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Notices 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: 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. 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. 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: BILLING CODE 6560–50–P mstockstill on DSK4VPTVN1PROD with NOTICES 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). 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. In the August 2, 1999 letter from EPA to the Navy, EPA noted that ‘‘it is often practicable to remove non-liquid PCBcontaining 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 PCBcontaining 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 1. Effective immediately, requiring all PCBcontaminated 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 VerDate Mar<15>2010 17:14 Apr 04, 2013 Jkt 229001 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: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 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] ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2012–0902; FRL–9382–9] Polychlorinated Biphenyls (PCBs); Recycling Plastics from Shredder Residue Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA is announcing an interpretation of its regulations that will generally allow for the recycling of plastic separated from shredder residue under the conditions described in the Voluntary Procedures for Recycling Plastics from Shredder Residue, relying principally on the regulatory provisions for excluded PCB products. The interpretation described in this notice responds to questions EPA has received about the applicability of the excluded PCB products regulations. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2012–0902, is available at https://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open 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 OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information SUMMARY: E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20638-20640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07988]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: https://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: ow-docket@epa.gov; 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

[[Page 20639]]

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 
https://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 https://www.regulations.gov or email. The Federal https://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 https://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 https://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; johnson.laura-s@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Interested Entities

------------------------------------------------------------------------
                Category                 Examples of interested entities
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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

[[Page 20640]]

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]
BILLING CODE 6560-50-P
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