The Sierra Club, the Basel Action Network and Earth Justice sent papers to the U.S. Environmental Protection Agency alleging that the cross-Atlantic plan violates a national law against exporting hazardous wastes. The vessels contain tons of asbestos, lead, mercury, heavy oil and toxic PCBs, a petroleum-based carcinogen found in ship wiring.

The groups also charge that the U.S. government provided misleading information to British officials about the need for overseas disposal. They note that Able UK, the English shipyard slated to scrap the 13 vessels, still lacks a required permit to do the work at a drydock near the North Sea.

``We believe that if the public or even the EPA knew all of the facts of this misguided toxic ship dumping plan, the deal would have been scuttled a long time ago,'' Sierra Club attorney Aaron Isherwood said.

The U.S. Maritime Administration, caretaker of the so-called Ghost Fleet, a collection of nearly 100 aging cargo and military-support vessels anchored in the lower James River, declined comment on the legal action.

``We're continuing with our plans'' for towing the 13 obsolete ships to Able UK's facility in Teesside, in the northeast corner of England, said Robyn Boerstling, a maritime administration spokeswoman.

Three attempts for comment Tuesday from the EPA were unsuccessful.

The Maritime Administration, a branch of the U.S. Transportation Department, announced a $17.8-million contract with Able UK this summer that calls for the 13 vessels and two Navy oilers to leave the James River for England by November. It now is becoming increasingly likely the deadline will be missed, putting the deal in question.

Mike Town, Virginia director of the Sierra Club, said the papers sent to the EPA on Tuesday are a required precursor to a formal lawsuit, which the activist groups intend to file after a 60-day waiting period.

Town said the legal action has two goals: at a minimum, to purge the ships of toxic innards before they head for England; or, preferably, to cancel the deal and let American shipyards scrap the vessels instead.

``We're saying the Ghost Fleet should be dismantled here at home, so it's good for the economy and the environment,'' Town said.

Environmentalists fear the ships may break apart while crossing the Atlantic, spilling oil and other toxics into the marine environment. Similarly, British activists are anxious about the vessels leaking contaminants and polluting their shoreline, especially near Scotland, where the ships may go on their way to Teesside.

Jim Puckett, coordinator of the Seattle-based Basel Action Network, released a letter Tuesday from a British environmental official that includes references to discussions with U.S. State Department workers about the Able UK deal.

The letter says State Department staff members insisted that the 13 Ghost Fleet ships needed to go overseas because ``there was insufficient capacity available in the U.S.'' for dismantling them.

``That's just complete nonsense,'' Puckett said, noting that dozens of American shipyards and scrap facilities bid for Ghost Fleet contracts.

Two contracts have been awarded so far to Texas shipyards. And last week, a Chesapeake salvage company, Bay Bridge Enterprises, won a $2.7 million deal to get rid of five obsolete vessels.

Congress set a deadline of September 2006 for getting rid of all obsolete ships in reserve fleets in Virginia, Texas and California. The James River fleet hosts the most unwanted ships that are most likely to spring a devastating oil leak, according to maritime records.

Reach Scott Harper at 446-2340 or sharper@pilotonline.com