EPA Ship Reefing Guide Concerns Environmental Activists

Published May 25, 2006 12:01 AM by The Maritime Executive

Potential litigation against an EPA permit granted for reefing of an obsolete naval ship could be mitigated by the EPA's recently released final guidelines. The option of allowing reefing of vessels contaminated with high levels of polychlorinated biphenyls (PCBs) if unreasonable risks would not result was criticized by environmentalists, who are considering a challenge to the sinking of the ex-USS ORISKANY.

The EPA's approval of a permit to sink the decommissioned naval vessel to create an artificial reef in the Gulf of Mexico has angered many environmentalists. They maintain that the ex-Oriskany contains 700 pounds of PCBs, or in excess of limits set by the Toxic Substances Control Act, but the vessel was approved for sinking through a permit granted under the guidance when it was in draft form.

The document, Best Management Practices for Preparing Vessels Intended to Create Artificial Reefs, establishes environmental best management practices (BMPs) for federal agencies when cleaning ships prior to sinking them for use as artificial reefs. The EPA rules were developed in cooperation with the U.S. Maritime Administration (MARAD).

The congressionally mandated disposal of MARAD’s so-called “Ghost Fleet” has been a thorn in MARAD’s side for many years, with efforts to export the decaying hulls to foreign scrapping yards thwarted by litigation and environmentalist actions. Recently, the option of disposing of the vessels via sinking to create artificial reefs has been revived as a viable option. Reportedly as many as 70 of the U.S. Navy’s inactive vessels are under consideration for use as artificial reefs.

Although the Navy must follow the BMPs when cleaning a ship for use as an artificial reef, environmentalists complain that allowing any PCB’s at all to be left on a ship intended to for use as an artificial reef sets a dangerous precedent. Additionally, the recent sinking of the ORISKANY, coupled with the new EPA rules has fueled concerns that future litigation against similar projects would be undermined. The EPA has responded that its policies comply with existing federal environmental regulations.