[Federal Register Volume 68, Number 4 (Tuesday, January 7, 2003)]
[Notices]
[Pages 775-780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-335]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7436-5]
Issuance of a General Permit to the National Science Foundation
for the Ocean Disposal of Man-Made Ice Piers From its Base at McMurdo
Sound on Antarctica
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed permit.
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SUMMARY: EPA is today proposing to issue a general permit under
sections 102(a) and 104(c) of the Marine Protection, Research, and
Sanctuaries Act (MPRSA) to the National Science Foundation (NSF) for
the disposal at sea of man-made ice piers from its base at McMurdo
Sound on Antarctica. The NSF is the agency of the United States
Government responsible for oversight of the United States Antarctic
Program. The NSF currently operates three major bases in Antarctica:
McMurdo Station on Ross Island, adjacent to McMurdo Sound; Palmer
Station, near the western terminus of the Antarctic Peninsula; and
Amundsen-Scott South Pole Station, at the geographic South Pole.
McMurdo Station is the largest of the three stations, and serves as the
primary logistics base for Antarctica. In order to unload supplies at
McMurdo Station, ships dock at an ice pier at McMurdo Station; this
man-made pier has a normal life span of three to five years. At the end
of its useful life, all transportable equipment, materials, and debris
are removed, the pier is cast loose from its moorings at the base and
towed out to McMurdo Sound for disposal, where it melts naturally.
Issuance of this general permit is necessary because the pier must be
towed out to sea for disposal at the end of its useful life. This
proposed general permit is intended to protect the marine environment
by setting forth specific permit terms and conditions, including
operating conditions during use of the pier and clean-up, with which
the NSF must comply before the disposal of such ice piers would take
place.
DATES: Written comments on this proposed general permit will be
accepted until February 6, 2003. All comments must be received or
postmarked by midnight of February 6, 2003, or must be delivered by
hand by the close of business of that date to the address specified
below.
ADDRESSES: This proposed permit is identified as Docket No. OW-2002-
0048. Please send an original and three copies of your comments and
enclosures (including references) to the ``OW-2002-0048, Comment
Clerk'', Water Docket (MC 4101T), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460. Hand deliveries
should be delivered to: EPA Water Docket, 1301 Constitution Avenue,
NW., Room B-135, Washington, DC 20004. Electronic mail comments will be
accepted at the e-mail address, ow-docket@epamail.epa.gov, and must be
received by close of business of the date specified above. Electronic
comments must be submitted as an ASCII, WP 5.1, WP 6.1, or WP 8 file,
avoiding the use of special characters and any form of encryption.
Electronic comments must be identified by Docket Number OW-2002-0048.
Comments and data will also be accepted on discs in ASCII, WP 5.1, WP
6.1, or WP 8 file format. Electronic comments on this notice may be
filed online at many Federal Depository Libraries. To ensure that the
Agency can read, understand, and therefore properly respond to
comments, commenters should cite the paragraph(s) or sections in the
proposed permit to which each comment refers. Commenters should use a
separate paragraph for each issue discussed. Commenters should submit
any references cited in their comments. Commenters who want the Agency
to acknowledge receipt of their comments should include a self-
addressed, stamped envelope. No comments submitted by facsimile
transmission (fax) will be accepted. The record for this proposed
permit has been established, as noted above, as Docket No. OW-2002-
0048, and includes printed, paper versions of electronic comments. The
record is available for inspection from 9 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays, at the Water Docket, 1301
Constitution Avenue, NW., Room B-135, Washington, DC 20004. For access
to docket materials, call (202) 566-2426, to schedule an appointment.
FOR FURTHER INFORMATION CONTACT: David Redford, Chief, Marine Pollution
Control Branch, Oceans and Coastal Protection Division (4504T), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W.,
[[Page 776]]
Washington, DC, 20460; telephone (202) 566-1288.
SUPPLEMENTARY INFORMATION:
A. Background on McMurdo Station Ice Pier
The NSF was established as an independent agency of the Executive
Branch of the government in 1950. Following the International
Geophysical Year in 1957-1958, President Eisenhower decided that the
NSF should have full responsibility for the formulation, coordination,
and management of the United States Antarctic Program (USAP). The NSF
currently operates three major bases in Antarctica: McMurdo Station on
Ross Island, adjacent to McMurdo Sound; Palmer Station, near the
western terminus of the Antarctic Peninsula; and Amundsen-Scott South
Pole Station, at the geographic South Pole.
McMurdo Station, which is located on the southern tip of Hut Point
Peninsula on Ross Island, is the largest of the three stations. This
station is the logistics hub of the USAP, with a harbor, landing strips
on both sea ice and shelf ice, and a helicopter pad. The majority of
personnel and supplies destined for bases and field camps on Antarctica
pass through McMurdo Station.
The approximately 85 buildings at the Station range in size from a
small radio shack to large three-story structures. This year-round
facility has a peak summer population of approximately 1150 persons,
and a winter population of 150 to 200. McMurdo Station is the most
southerly port in the world that is accessible by ship.
For most of the year, McMurdo Station is closed in by sea ice.
However, in early January, a U.S. Coast Guard icebreaker opens a
channel to the harbor at McMurdo Station, allowing a fuel tanker and a
supply vessel to replenish the station. The tanker normally arrives in
mid-January to unload AN-8 fuel (JP-8 fuel with an icing inhibitor
added), and unleaded gasoline. The AN-8 fuel is the primary fuel for
power generation, heating sources, and aircraft; the gasoline is used
for small portable equipment. In early February, the resupply vessel
arrives and off-loads the annual provision of supplies for McMurdo
Station and other U.S. Antarctic bases. After unloading its cargo, the
supply vessel is backloaded with the previous year's accumulation of
wastes, which are returned to the United States for disposal and
recycling.
To permit the various vessels to dock and unload at McMurdo
Station, construction of an ice pier is necessary. This ice pier, which
is approximately 800 feet long, 300 feet wide, and 22 feet thick, is
constructed during the winter season in the following manner.
Construction begins when the frozen ice pack in McMurdo Sound
reaches approximately 0.6 m (2 ft) in thickness. Snow is bermed to a
depth of about 0.6 m (2 ft) on the ice pack, at the perimeter of what
will be the ice pier. Heavy-duty pumps are then used to flood the ice
pack inside the bermed snow with about 10 cm (4 in) of seawater. This
water freezes solid in about 24 hours, when the process is repeated
with another 10 cm of seawater. This process is repeated until the ice
thickness of the pier reaches approximately 1.5 m (5 ft). When that
thickness of the pier is achieved, several holes are drilled in the ice
near the periphery of the ice pier, and lengths of 2'' steel pipe are
inserted vertically into the holes. The space surrounding the pipe-ice
interface is flooded with water and allowed to freeze, fixing the pipes
in the ice pier. Approximately 2,100 m (6,900 ft) of 1'' steel cable is
then woven around the steel pipes frozen in the ice, providing a
horizontal reinforcement mat for the first layer of the ice pier.
The entire process is repeated three more times, until the ice pier
is approximately 6.7 m (22 ft) thick. However, the horizontal mat of
steel cables is not employed in the last repetition of the process;
thus, there are three layers of cable reinforcement in the completed
ice pier. When the final layer is created and the pier is approximately
6.7 m (22 ft) thick, three or four wooden utility poles are vertically
embedded approximately four feet deep in the ice pier to provide
support for electrical cables for lighting, power for equipment, and
telephone service to structures on the pier. These poles consist of
natural, chemically-untreated wood. In addition, just before the pier
is completed, several shorter utility poles are frozen into the
proximal edge of the pier, to serve as bollards, to attach the pier to
the mainland at McMurdo. When the construction of the ice portion of
the pier is completed, a 15-20 cm (6-8 in) thick layer of 2 cm (\3/4\
in) or smaller gravel is applied to cover the surface of the pier, to
provide a non-slip working surface.
In summary, the following types and approximate quantities of
materials would normally be used in the construction of an ice pier at
McMurdo Sound Station:
--1'' steel cable: 6,300 m (21,000 ft).
--2'' steel pipe: 200 m (650 ft).
--Wooden utility poles: 3 or 4, plus several bollards.
--2 cm or smaller gravel: 4,200 m\3\ (5,000 yd \3\).
At the end of each austral summer season, the pier is inspected,
and as much of the gravel non-slip surface as possible is removed and
stored for use the following season. If the pier is to be reused the
next year, it is flooded with seawater during the winter to create a
new surface for the following summer season. The pier has a normal
viable life of three to five years; after that period, factors such as
stress cracking and erosion no longer allow the pier to be used. The
erosion of the seaward face of the ice pier is caused by such factors
as wave action, contact of vessels with the pier face, and the
discharge of coolant water from ships docked at the pier.
When the pier has deteriorated to the point that it is not capable
of being used the following season, the wooden poles are cut off just
above the surface of the ice, the gravel is scraped off for use in the
following season, all transportable equipment, materials, and debris
are removed, and the pier is physically separated from its attachment
to McMurdo Base at the end of the austral summer. It is then towed by a
U.S. Coast Guard cutter into McMurdo Sound past the distal end of the
open channel in the ice, as near to the Ross Sea currents as possible.
The pier is set free in a direction that will allow it to flow with the
Ross Sea currents, away from the open channel in the ice. The pier then
floats free amidst the ice pack, where it mixes with the annual sea
ice, and eventually disintegrates.
Complete information is not available on the time required for
melting and disintegration of an ice pier, or on the path an ice pier
takes after its release. NSF scientists have estimated, however, that
melting and disintegration will take place over several years, and that
ice piers will drift from their release point in McMurdo Sound, into
the Antarctic Sea, and eventually into the Southern Ocean, where they
will presumably float with the currents of the Southern Ocean. These
estimates are supported by tracking data collected on an ice pier
disposed by NSF in February 1999 under an emergency permit. One
condition of that permit was that the pier be tracked by the use of
emplaced pingers for a period of one year. Tracking records indicated
that the pier traveled approximately 600 miles in a generally northerly
direction into the Southern Ocean during the first six months, when it
then became locked in ice. No further movement of the ice pier was
detected in the second six months of the year-long tracking period.
These tracking results confirm what NSF staff believed would happen to
any released ice piers.
[[Page 777]]
B. Statutory and Regulatory Background
1. Marine Protection, Research, and Sanctuaries Act (MPRSA)
Section 102(a) of the MPRSA, 33 U.S.C. 1412(a), requires that
agencies or instrumentalities of the United States obtain a permit to
transport any material from any location for the purpose of dumping
into ocean waters. Section 104(c) of the MPRSA, 33 U.S.C. 1414(c), and
EPA regulations at 40 CFR 220.3(a) authorize the issuance of a general
permit under the MPRSA for the dumping of materials which have a
minimal adverse environmental impact, and are generally disposed of in
small quantities. General permits currently exist for burial at sea for
both cremated and non-cremated human remains, for vessels used by the
United States Navy for the purposes of target practice and testing
ordnance, and for vessels transported for the purpose of disposal.
The proposed towing of ice piers by the NSF from McMurdo Station
for disposal at sea constitutes transportation of material for the
purpose of dumping in ocean waters, so it is subject to the MPRSA. The
NSF has requested the issuance of a general ocean dumping permit for
its ice piers.
2. Obligations Under International Law
On October 2, 1996, President Clinton signed into law the Antarctic
Science, Tourism, and Conservation Act of 1996, amending the Antarctic
Conservation Act of 1978. This law is designed to implement the
provisions of the Protocol on Environmental Protection to the Antarctic
Treaty (``the Protocol''). The Protocol was signed by the U.S. on
October 4, 1991, ratified on April 17, 1997, and entered into force on
January 18, 1998. The Protocol builds on the Antarctic Treaty to extend
its effectiveness as a mechanism for ensuring protection of the
Antarctic environment. It designates Antarctica as a natural reserve,
devoted to peace and science, and sets forth basic principles and
detailed, mandatory rules applicable to human activities in Antarctica.
It prohibits all activities relating to mineral resources in
Antarctica, except for scientific research. It commits signatories to
the Protocol (known as Parties) to environmental impact assessment
procedures for proposed activities, both governmental and private.
Among other things, it also requires Parties to protect Antarctic flora
and fauna, and imposes strict limitations on disposal of wastes in
Antarctica, and discharges of pollutants into Antarctic waters.
Several sets of regulations exist that will assist in
implementation of the Protocol. These include NSF regulations regarding
environmental impact assessment of proposed Foundation actions in
Antarctica (45 CFR part 641), NSF waste regulations for Antarctica (45
CFR part 671), and EPA regulations regarding environmental impact
assessment of non-governmental activities in Antarctica (40 CFR part
8).
EPA wishes to clarify that its proposal to issue a general permit
under the MPRSA does not indicate whether the proposed activity is in
compliance with other relevant obligations under the Protocol and
implementing legislation. Accordingly, the responsible United States
authority must make separate determinations with respect to other
relevant obligations, and the Agency will coordinate with the
responsible authority, as appropriate, in the Agency's consideration of
the issuance of a general permit under the MPRSA.
In this regard, the Agency notes that the NSF has completed a USAP
Final Environmental Impact Statement (June 1980), a USAP Final
Supplemental Environmental Impact Statement (October 1991), and an
Initial Environmental Evaluation (May 1992), all of which address in
some aspects the construction, operation, and disposal of ice piers at
McMurdo Station in Antarctica. All of these documents are available for
review at the Office of Polar Programs of the NSF, 4201 Wilson
Boulevard, Arlington, VA 22230 (Contact: Joyce Jatko, telephone: (703)
292-8030). The documents did not identify any potential environmental
impacts from the disposal of ice piers, other than the minor
navigational hazard that would be equivalent to that posed by an ice
floe or a small iceberg. The Agency considered the analyses contained
in the three documents cited above in developing this proposed general
permit.
C. Potential Effects of Ice Pier Disposal
Because the natural creation and disintegration of icebergs occurs
constantly in the Antarctic environment, the primary ice component of
the NSF piers is not of environmental concern. However, the ice piers
also contain approximately 21,000 feet of 1'' steel cable and 650 feet
of 2'' steel pipe between the ice layers, that eventually will fall, as
the pier disintegrates, to the bottom of McMurdo Sound, the Antarctic
Sea, or the Southern Ocean. The steel cable and pipe will sink
permanently to the bottom, and over considerable time, will dissolve
through oxidative processes, unless they fall into very deep anaerobic
waters, where they would not dissolve.
Because there are approximately 2,100 m (6,900 ft) of cable frozen
in each of the three layers of the ice pier, it is possible that during
the melting process there may be loops of cable suspended from the
bottom of the ice pier. These loops will remain for brief periods of
time before the cable in each layer is released from the bottom of the
pier due to melting. The entire length of 2,100 m (6,900 ft) of cable
would then descend rapidly to the ocean floor.
The Agency has considered the possibility of these loops of cable
entangling organisms in the marine environment. The only animals that
could potentially become entangled in the suspended loops of cable are
large whales of the Antarctic Sea or the Southern Ocean. However, these
animals are known to have sophisticated natural sonar (sound navigation
and ranging) systems, are able to detect and precisely identify objects
at considerable distances with those systems, and normally will avoid
large objects such as icebergs. In addition, because in excess of 80
percent of icebergs (and the ice pier) is submerged beneath the
surface, there is no reason to believe any cetaceans will approach an
ice pier, by either coming near it on the surface to breathe, or by
swimming beneath it. Thus, the possibility of entanglement of large
animals by suspended loops of cable from the ice pier is regarded as
very minimal.
Additionally, the Agency and the NSF have discussed the possibility
of seals becoming ensnared in any loops of cable hanging from the ice
pier. Although seals are known to routinely haul out on ice floes to
rest and to breed, EPA does not believe there is any danger from any
cables embedded in the edges of the ice pier to Antarctic seal
populations in their passage from the ocean to the ice surface, because
any loops of cable will be visible and easily avoided.
There is no danger to any marine avian species from the release of
the ice piers. Penguins, if they are in the area, can easily hop onto,
and off, the edge of the ice pier, if necessary. Further, there is no
permanent penguin population in the area of McMurdo Station on a year-
round basis. Any penguins in the area arrive at their usual breeding
rookeries in late October of each year. Their eggs are hatched in
November, the chicks are fledged no later than late December of each
year, and all penguins, except for a very few stragglers, are gone from
the McMurdo Station area by late January every year. On those years
when the ice pier must be cut loose, the detachment
[[Page 778]]
from McMurdo Station occurs in late February. Thus, there are no
penguins in the area at that time, since the birds will have already
gone out to sea again.
Further, both the National Marine Fisheries Service and the Fish
and Wildlife Service have agreed that the disposal of ice piers from
McMurdo Station will not have any effect on endangered or threatened
species, nor is the action likely to adversely affect any critical
habitats.
In addition, the time that the loops of cable are suspended from
the bottom of the ice pier would be expected to be relatively brief.
Once a substantial portion of the cable in each layer is released from
the ice by melting processes, the weight of the suspended cable will
act to detach the remainder of the layer of cable from the pier. As
discussed above, the entire length of cable would then fall rapidly to
the ocean bottom.
Although the wooden utility poles and the bollards are cut off at
the level of the ice surface before the pier is towed for dumping, the
six or seven stump ends of the poles, approximately four feet long,
remain frozen in the pier. (The NSF requires that the longer, exposed
lengths of the utility poles be returned for recycling back to the
United States; they are never disposed of in the ocean). When
eventually released from the pier during the disintegration process,
the stump ends of the poles could float for several years, providing
substrate for attachment of sessile organisms. Eventually, however, the
poles will be destroyed by biological processes. Navigational hazards
from the poles are unlikely, because of their small size and limited
number.
Of potentially greater environmental concern are any operational
discharges, leaks, or spills that may have contaminated the surface of
the pier over the period of its existence. Examples of such possible
releases include AN-8 (jet fuel formulated for cold environment use by
heavy diesel engines and aircraft) or gasoline during the annual
unloading process from the resupply oil tanker; spills of material due
to leaks or cracks in containers or drums during the annual offloading
from the supply vessel; leaks of AN-8, gasoline, engine lubricating
oil, hydraulic fluid, or ethylene glycol (antifreeze) from equipment
working on the pier; or spills of liquids or chemicals being stored on,
or moved across, the pier. These discharges, leaks, and spills could
result in contamination of parts of the pier with chemical compounds of
concern to the marine environment.
To assess this potential further, in February 1993 the NSF analyzed
eleven ice samples taken from the ice pier at McMurdo Station. The
samples were collected in the following manner. The central portion of
the pier was first divided into 21 equal area quadrats, each
approximately 100' x 100'. The center of each plot was then identified,
and four additional sample locations were identified in an equidistant
``X'' pattern from the center sample point. One sample was collected
from each of the five points in each plot, and the five sub-samples
were then composited into a single sample for each plot. Composited
samples were analyzed for alternating plots throughout the grid
pattern, i.e., the composited sample for every other plot was analyzed,
for a total of eleven analyses. The samples were analyzed for two
compounds: ethylene glycol (antifreeze) and total extractable
hydrocarbons (TEH). Ethylene glycol was selected because of the
possibility of leaks from engine blocks; TEH was selected because of
the need for a broad spectrum analytical procedure, and because the
presence of TEH would represent any possible extractable petroleum
discharges onto the surface of the ice pier. Ethylene glycol was not
detected in any of the eleven samples, at a detection limit of 16 mg/
kg; TEH was not detected in ten of the eleven samples, at a detection
limit of 3 mg/kg. Only one sample, collected beneath two 55-gallon fuel
drums used to provide heat for a warming hut on the ice pier, showed a
concentration of 70 mg/kg. This sample was collected directly
underneath fuel drums where dripping had occurred during drum exchange
operations.
Subsequently, the NSF issued a directive that at all locations
where fuel drums for building heating systems, or fuel transfer
stations are found, such locations shall be underlain with secondary
containment methods, to facilitate capture of leaks or spills.
Secondary containment methods include large metal pans or impermeable
liners placed beneath the potential contaminant source. Drip pans were
installed under the fuel drums at the warming hut on the ice pier.
In February 1994, the approximately 800' by 300' surface of the ice
pier was again divided into 21 quadrats for further examination of
locations of contamination. NSF personnel examined the entire surface
of the pier, after the non-slip gravel surface had been removed, and
any points on the pier showing signs of contamination from leaks or
spills were marked and noted. Five samples were taken from each of the
21 quadrats; the samples were composited and analyzed for total
petroleum hydrocarbons (TPH). TPH analysis, which identifies a narrower
range of analytes than the broader TEH analytical procedure, was used
because previous analyses demonstrated that only analytes from the
narrower range are present. TPH has a detection limit of 10 mg/kg; for
all samples except one, TPH was undetected. That single sample had a
TPH concentration of 50 mg/kg. Analysis of that single sample was
unable to specifically determine the chemical composition of the
contaminants; vehicle engine fuel or hydraulic fluids were identified
as the most likely possibilities.
The NSF has a spill prevention, control, and countermeasures (SPCC)
plan for all of the stations and bases under NSF jurisdiction in
Antarctica. The plan, revised in September 1994, and currently being
updated, includes a section addressing fuel storage and transfer
systems for the ice pier at McMurdo Station. The SPCC plan identifies
the annual unloading of petroleum products from the supply tanker as
having the greatest potential for accidental discharge of contaminants.
Previously, four-inch diameter hoses made up in 50-foot lengths were
used to unload fuel from the tanker to the tank farms on the mainland
at McMurdo Station. However, to reduce the risk of a potential fuel
spill during the tanker unloading operation, new six-inch diameter
hoses made up in 660-foot lengths replaced the older hoses in 1993. The
new hoses significantly reduced the number of hose connections (and
potential leaks) on the ice pier. For further protection, the
connecting point from the tanker to the transfer hose was underlain by
large drip pans.
In addition, the SPCC plan identifies the annual unloading of
drummed lubricants, solvents, and hazardous materials from the cargo
freighter, and the subsequent loading of the freighter with materials
destined to be returned to New Zealand or the United States, as
potential sources of accidental discharge or spills. As a result, to
reduce the potential for discharges, the plan requires all materials
received from, or loaded onto, the cargo vessel to be containerized in
double-walled military vans.
D. Discussion
Today EPA is proposing to issue a new general permit to NSF and its
agents for the ocean dumping of man-made ice piers from the NSF
research station at McMurdo Sound, Antarctica, subject to specific
conditions. Agents of the NSF are included in the permit because
transportation for the purpose of dumping the pier may be by vessels
[[Page 779]]
which are not under the direct ownership or operational control of the
NSF, e.g., the U.S. Military Sealift Command, the U.S. Navy, or U.S.
Coast Guard vessels. Further, the proposed general permit applies only
to the ocean dumping of man-made ice piers from the NSF station at
McMurdo Sound, Antarctica. The 1992 amendments to the MPRSA (Pub. L.
102-580) provide that permits under the MPRSA shall be issued for a
period not to exceed seven years (section 104(a), 33 U.S.C. 1414(a));
consequently, the term of this proposed permit is limited to a maximum
of seven years.
The proposed general permit establishes several specific conditions
that must be met during the life of, and prior to the ocean dumping of,
the ice pier. In addition, it requires the NSF to report by June 30 of
every year to the Director of the Oceans and Coastal Protection
Division, in EPA's Office of Water, on any spills, discharges, or
clean-up procedures on the ice pier, and on any ocean dumping of ice
piers from McMurdo Station conducted under this general permit.
With the institution of new protective measures, such as longer
length hoses for unloading petroleum products from the annual supply
tanker, and new precautions taken in the handling and return to bases
outside Antarctica of used or contaminated chemicals, solvents, and
hazardous materials, the chance of a spill or a discharge of these
materials is low. There is considerable vehicular traffic on the ice
pier during the austral summer season, and the possibility of engine
block leaks or discharges from these vehicles cannot be totally
avoided. However, the NSF has informed the Agency that vehicles are
parked on the pier for only brief periods of time, ranging from minutes
to less than an hour, and that no vehicles are ever parked on the pier
overnight.
The proposed general permit requires that the NSF have an SPCC plan
in place, consistent with the requirements of 40 CFR 112.3, for the ice
pier that addresses:
(1) The unloading of petroleum products from supply tankers to the
storage tanks at McMurdo Station;
(2) The unloading of drummed chemicals, petroleum products, and
material (cargo) from cargo freighters to supply depots at McMurdo
Station; and
(3) The loading of materials to freighters destined to be returned
to bases outside Antarctica.
The proposed permit requires that the SPCC plan include methods to
minimize the accidental release or discharge of any products to the ice
pier. In addition, the proposed general permit requires that the
following clean-up and reporting procedures must be followed by NSF in
the event of a spill or discharge on the pier:
(1) All spills or discharges must be cleaned up within two hours of
the spill or discharge, or as soon as possible thereafter.
(2) If a spill or discharge occurs, clean-up procedures must be
completed to a level below any visible evidence of the spill or
discharge.
(3) As part of normal permit monitoring requirements, an official
record of the following information shall be kept by NSF:
(a) The date and time of all spills or discharges, the location of
the spill or discharge, the approximate volume of the spill or
discharge, clean-up procedures employed, and the results;
(b) The number of wooden poles remaining in the pier at the time of
release from McMurdo Station, and their approximate length;
(c) The approximate length of the steel cables remaining in the
pier at the time of its release;
(d) Any other substances remaining on the pier at the time of its
release; and
(e) The date of detachment of the pier from McMurdo Station, and
the geographic coordinates (latitude and longitude) of the point of
final release of the pier in McMurdo Sound.
(4) A copy of this record shall be submitted to the Director of the
Oceans and Coastal Protection Division, in the EPA's Office of Water,
by June 30 of every year as part of the annual reporting requirements.
The conditions specified in the proposed permit are intended to
protect the Antarctic environment against release of contaminants from
the McMurdo Station ice pier following its ocean dumping and subsequent
melting. As noted above, section 104(c) of the MPRSA, 33 U.S.C.
1414(c), and EPA regulations at 40 CFR 220.3(a) authorize the issuance
of general permits for the dumping of materials which have minimal
adverse environmental impacts.
In light of the testing and analyses described above, and the
conditions which are stipulated in the proposed permit for the disposal
of ice piers, it is the determination of the Agency that only minimal
adverse environmental impacts would result from the dumping of ice
piers from the NSF base at McMurdo Station in Antarctica.
Furthermore, the NSF is directed, as a condition of this permit, to
utilize a methodology to track any ice piers released from McMurdo
Station for a period of one year from the date of release of the pier.
Such methodologies may include the use of satellite-tracked pingers
placed on the ice pier, or any other methodology that will allow data
to be collected on the course, speed, and location of the ice pier. The
results of these tracking efforts are to be included in the reports
that the NSF is required to submit to the Agency. The period of one
year was chosen by the Agency for several reasons: first, batteries for
pinger tracking operations beyond a period of one year become
considerably heavier and bulkier (and a greater source of pollution to
the marine environment when the ice piers eventually melt); and
further, one year's measurements should provide substantial evidence
concerning the track of ice piers in the dissolution process.
The NSF shall submit tracking reports to the Agency for all
releases of ice piers from McMurdo Station under this permit. If
tracking results demonstrate that all such ice piers released have
generally followed the same path and time duration for the one year
following release, the Agency will consider whether further tracking
efforts and tracking reports shall be required from the NSF under any
future versions of this permit.
Considering that any contaminants remaining on the surface of the
piers are expected to be extremely minimal, and further, that the area
over which the melting and disintegration of the piers occurs is
immense, the potential for damage to the environment from ocean dumping
of any McMurdo Station ice piers is minimal. In addition, the
possibility of entanglement of large organisms in suspended loops of
cable from the melting ice piers has been determined by the Agency to
be very minimal; further discussion of this issue can be found in ``C.
Potential Effects of Ice Pier Disposal,'' above.
Further, it should be noted that the issuance of an ocean dumping
permit to the NSF does not in any way relieve the NSF of meeting any of
its obligations under the Antarctic Protocol, the Antarctic
Conservation Act, or the implementing regulations.
Statutory and Executive Order Reviews
A. Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to
minimize the reporting and record-keeping burden on the regulated
community, as well as to minimize the cost of Federal information
collection and dissemination. In general, the Act requires that
information requests and record-keeping requirements affecting ten or
more non-Federal respondents be approved by the Office of Management
[[Page 780]]
and Budget. Since this proposed general permit affects only a single
Federal agency's record-keeping and reporting requirements, it is not
subject to the requirements of the Paperwork Reduction Act.
B. Endangered Species Act
The Endangered Species Act (ESA) imposes duties on Federal agencies
regarding endangered species of fish, wildlife, or plants and habitat
of such species that have been designated as critical. Section 7(a)(2)
of the ESA and its implementing regulations (50 CFR part 402) require
EPA to ensure, in consultation with the Secretary of Interior or
Commerce, that any action authorized, funded, or carried out by EPA in
the United States or upon the high seas, is not likely to jeopardize
the continued existence of any endangered or threatened species, or
adversely affect their critical habitat.
In compliance with section 7 of the ESA, an endangered species list
for the affected area of ocean dumping of ice piers from the NSF
facility at McMurdo Station was requested by EPA and received from both
the Fish and Wildlife Service (F&WS) of the Department of the Interior
and the National Marine Fisheries Service (NMFS) of the Department of
Commerce. No endangered, threatened, or candidate species are reported
to potentially occur in the affected area.
EPA has discussed this matter with both the F&WS and the NMFS
pursuant to section 7 of the ESA, and the agencies have agreed that the
ocean dumping of ice piers by the NSF or its agents from McMurdo
Station in Antarctica will have no effect on endangered or threatened
species. EPA will consider any comments offered by either the F&WS or
the NMFS on this issue before promulgating a final general permit on
the ocean dumping of ice piers.
Dated: January 2, 2003.
Suzanne E. Schwartz,
Director, Oceans and Coastal Protection Division.
The proposed permit is as follows:
Disposal of Ice Piers From McMurdo Station, Antarctica
The United States National Science Foundation and its agents are
hereby granted a general permit under sections 102(a) and 104(c) of the
Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 1412(a) and
1414(c), to transport ice piers from the McMurdo Sound, Antarctica,
research station for the purpose of ocean dumping, subject to the
following conditions:
(a) The NSF shall have a spill prevention, control, and
countermeasures (SPCC) plan in place, consistent with the requirements
of 40 CFR 112.3, for the McMurdo Station ice pier. The SPCC plan shall
address procedures for loading and unloading the following materials,
and shall include methods to minimize the accidental release or
discharge of any of the following materials to the ice pier:
(1) Petroleum products unloaded from supply tankers to the storage
tanks at McMurdo Station;
(2) Drummed chemicals, petroleum products, and materiel unloaded
from cargo freighters to supply depots at McMurdo Station; and
(3) Materials loaded to freighters destined to be returned to bases
outside Antarctica.
(b) If a spill or discharge occurs on an ice pier, clean-up
procedures must be completed by NSF or its contractors to a level below
any visible evidence of the spill or discharge. All spills or
discharges on an ice pier must be cleaned up within two hours of the
spill or discharge, or as soon as possible thereafter.
(c) As part of normal monitoring requirements, a record of the
following information shall be kept by NSF:
(1) The date and time of all spills or discharges, the location of
the spill or discharge, a description of the material that was spilled
or discharged, the approximate volume of the spill or discharge, clean-
up procedures employed, and the results;
(2) The number of wooden poles remaining in the pier at the time of
its release from McMurdo Station, and their approximate length;
(3) The approximate length of the steel cables remaining in the
pier at the time of its release from McMurdo Station;
(4) Any other substances remaining on the pier at the time of its
release from McMurdo Station; and
(5) The date of detachment of the pier from McMurdo Station, and
the geographic coordinates (latitude and longitude) of the point of
final release of the pier in McMurdo Sound or the Antarctic Sea.
(d) The non-embedded ends of all wooden utility poles and bollards
will be cut off from the ice pier prior to disposal, and shall not be
disposed of in the ocean.
(e) Prior to the ocean dumping of any ice piers, the following
actions shall be taken by NSF:
(1) Other than the matter physically embedded in the ice pier
(i.e., the ends of light poles or bollards frozen in the pier, and the
strengthening cables), all other objects (including the non-embedded
portions of bollards used for maintaining a connection between the pier
and the mainland, the non-embedded portions of poles used for lighting,
power, or telephone connections, and any removable equipment, debris,
or objects of anthropogenic origin), shall be removed from the pier
prior to dumping.
(2) The gravel non-slip surface of the pier shall be removed to the
maximum extent possible, and stored on the mainland for subsequent use.
(3) A methodology to track any ice piers released from McMurdo
Station shall be established and utilized for a period of one year from
the date of release of the ice pier. The results of these tracking
efforts are to be included in the annual reports that the NSF is
required to submit to EPA.
(f) The NSF shall submit a report by June 30 of every year to the
Director of the Oceans and Coastal Protection Division, in EPA's Office
of Water, on (1) Any spills, discharges, or clean-up procedures on the
ice pier at McMurdo Station, (2) any ocean dumping of ice piers from
McMurdo Station, and (3) any tracking efforts of ice piers released
from McMurdo Station under this general permit for the year preceding
the date of the annual report.
(g) For the purpose of this permit, the term ``ice pier(s)'' means
those man-made ice structures containing embedded steel cable, and any
remaining gravel frozen into the surface of the pier, that are
constructed at McMurdo Station, Antarctica, for the purpose of off-
loading the annual provision of materiel and supplies for the base at
McMurdo Station and other U.S. Antarctic bases, and for loading the
previous year's accumulation of wastes, which are returned to the
United States.
(h) This permit shall be valid until [add date--seven years from
the date of issuance].
[FR Doc. 03-335 Filed 1-6-03; 8:45 am]
BILLING CODE 6560-50-P