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6

2011

DISHONORABLE DISPOSAL

Chronology of Events

1946

National Defense Reserve Fleet established under the Merchant Sales Act

(NDRF)

1972

Marine Protection, Research and Sanctuaries Act (MPRSA) passes

1974

The Liberty Ship Act (Public Law 92-402) passed to permit MARAD to donate NDRF vessels to states as artificial reefs

1974

Public law 93-254 amends MPRSA to implement the provisions of the London Convention

1975 1976 1977

London Convention enters into force Toxic Substances Control Act (TSCA) passes

MPRSA allows SINKEX ocean dumping under General Permit

1984

The Liberty Ship Act is amended by Public Law 98-623 to include vessels other than Liberty ships

1989

PCBs are discovered in various shipboard components

1994

EPA enforces with discretion the PCB export ban under TSCA

1996

EPA uses enforcement discretion SINKEX to continue in violation of TSCA

allowing

1997

Baltimore Sun exposé reveals the horrors of shipbreaking practices in South Asia

1998

Federal Moratorium on vessel exports issued by Vice President Al Gore

1999 1999

SINKEX General Permit reissued under MPRSA

EPA Administrator Carol Browner permanently exempts SINKEX from TSCA

2001

EPA changes the classification of artificial reefing from continued use to disposal, and subsequently lessens the PCB remediation standard from 2 ppm to 50 ppm

2001

Congress mandated ship disposal deadline is not

met

2002

Congress passes Public Law establishes the Pilot Program

107-314 and on Export of

Obsolete Vessels for Dismantlement and Recycling to be carried out in 2003 for up to four vessels, the first vessel exports since 1994

2003

MARAD attempts to export 13 vessels to England under the Pilot Program, and awards $17.8 million contract to Able UK

2003

Basel Action Network (BAN) and the Sierra Club files lawsuit and blocks the export of 9 MARAD vessels to England; U.S. federal district court

BASEL ACTION NETWORK

issues temporary restraining order until MARAD obtains PCB export authorization under TSCA

2004 2004

Stockholm Convention enters into force

Public Law 108-136 allows Navy to transfer obsolete naval vessels to States, U.S. territories or foreign countries for artificial reefing and permits both the Navy and MARAD to share (with the recipient) costs associated with sinking

2006 2006

London Protocol enters into force

MARAD and EPA release guidance document entitled National Guidance: Best Management Practices for Preparing Vessels Intended to Create Artificial Reefs (BMP)

2006

Ex-USS ORISKANY sunk as artificial reef in Florida under a risk-based PCB disposal permit and according to the BMP

2006

Congress mandated ship disposal deadline is not met

2007

MARAD annuls contract to export 9 vessels to England as a result of BAN and Sierra Club lawsuit, and recycles vessels in the U.S.

2008

Congress passes the Duncan Hunter National Defense Authorization Act and ends export of government owned vessels as long as domestic capacity exists

2010

ORISKANY Post-sinking monitoring data shows PCB leaching and uptake by fish at levels above Florida Department of Health fish advisory limits

2010

Navy and MARAD sink 5 vessels at sea, despite ORISKANY findings

2011

Navy extends SINKEX to the Gulf of Alaska, to include two SINKEX events annually

2011

Navy plans to sink 5 vessels at sea

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