1PETITION TO EPA: REQUEST FOR ACTION
The Basel Action Network, Sierra Club, and Center for Biological Diversity petition theU.S. Environmental Protection Agency (EPA) to take immediate action to protect human healthand the marine environment from polychlorinated biphenyls (PCBs) that leach from ships sunk
through the Navy’s sinking exercise (SINKEX) program as required by the Marine Protection,
Research and Sanctuaries Act (MPRSA)
and the Toxic Substances Control Act (TSCA).
Specifically, pursuant to the petition provisions of the Administrative Procedure Act
the Basel Action Network, Sierra Club, and Center for Biological Diversity request thatEPA amend the existing MPRSA permit for SINKEX or, in the alternative, enact TSCA rules:
Effective immediately, requiring all PCB-contaminated materials inconcentrations of 50 parts per million or greater to be removed fromSINKEX vessels prior to sinking;2.
Requiring all PCB-contaminated materials in concentrations of lessthan 50 parts per million to be removed from SINKEX vessels priorto sinking to the maximum extent practicable; and3.
Requiring additional studies to determine whether PCB-contaminated materials in concentrations of less than 50 parts per
million constitute “trace” contaminants, such that their dumping
will not cause undesirable effects including the possibility of bioaccumulation. Such additional studies should include the mostrecent 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 SINKEXprogram including heavy metals, asbestos and radioactivesubstances.
33 U.S.C. §§ 1401
15 U.S.C. §§ 2601
5 U.S.C. § 553(e).
15 U.S.C. § 2620(a).