[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Notices]
[Pages 26721-26725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11211]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9302-9]
Re-Issuance of a General Permit to the National Science
Foundation for the Ocean Disposal of Man-Made Ice Piers From McMurdo
Station in Antarctica; Proposed Permit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA proposes to re-issue a permit authorizing the National
Science Foundation (NSF) to dispose of ice piers in ocean waters.
Permit re-issuance is necessary because the current permit has expired.
EPA does not propose changes to the content of the permit because ocean
disposal under the terms of the previous permit will continue to meet
the ocean disposal criteria.
DATES: Written comments on this proposed general permit will be
accepted until June 8, 2011. All comments must be received or
postmarked by midnight of June 8, 2011, 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. EPA-HQ-OW-
2011-0306. Submit your comments by one of the following methods:
Mail: Send an original and three copies of your comments and
enclosures (including references) to Water Docket, U.S. Environmental
Protection Agency, Mail Code: 2822-IT, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, Attention Docket No. EPA-HQ-OW-2011-0306.
Hand delivery: EPA Water Docket, EPA Docket Center, EPA West
Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460, Docket No. EPA-HQ-OW-2011-0306. Deliveries to the docket are
accepted only during their normal hours of operation: 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. For access to
docket materials, call: 202/566-2426, to schedule an appointment.
E- mail: [email protected]; Attention Docket No. EPA-HQ-OW-2011-
0306. To ensure that EPA can properly respond to comments,
[[Page 26722]]
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, and must submit any references
cited in their comments. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment. Electronic files should avoid any form of
encryption and should be free of any defects or viruses.
FOR FURTHER INFORMATION CONTACT: Jonathan Amson, Senior Marine
Scientist, Marine Pollution Control Branch, Oceans and Coastal
Protection Division (4504T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone: 202/566-
1276.
SUPPLEMENTARY INFORMATION: On February 14, 2003, EPA issued a general
permit to the National Science Foundation (NSF) for ocean disposal of
man-made ice piers from its base at McMurdo Station in Antarctica. This
ocean dumping permit had a term of seven years. It remains in effect
under the Administrative Procedure Act, 5 U.S.C. 558(c), after its
February 18, 2010 expiration because NSF applied for re-issuance prior
to expiration. The purpose of today's proposed general permit is to re-
issue the 2003 permit for another seven-year period. The re-issued
permit will allow the NSF to ocean dispose the ice pier currently in
use at McMurdo Station, which is at the end of its service life.
EPA proposes to re-issue the general permit under Sections 102(a)
and 104(c) of the Marine Protection, Research, and Sanctuaries Act
(MPRSA) to authorize the NSF to dispose of man-made ice piers in ocean
waters from McMurdo Station in Antarctica. The NSF is the entity 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 Station, at the geographic South Pole. McMurdo
Station is the largest of the three bases, and serves as the primary
logistics base for Antarctica. The great majority of personnel and
supplies destined for the three stations are unloaded at, and pass
through, McMurdo Station. To unload supplies, ships dock at an ice
pier. Man-made ice piers have a normal life span of three to five
years; the current ice pier, constructed in 1999, is over ten years
old, and is effectively at the end of its service life.
When an ice pier is at the end of its effective life, all
transportable equipment, materials, and debris are removed; the pier is
cast loose from its moorings at the base. It is then towed out to
McMurdo Sound for disposal, where it disintegrates naturally. Re-
issuance of this general permit is necessary because the pier must be
towed out to sea for disposal at the end of its effective life. This
proposed general permit is intended to protect the marine environment
by setting forth specific permit terms and conditions including
operating conditions that occur over the life of the pier. It also
describes required clean-up actions that the NSF must comply with
before the disposal of any ice pier can take place.
A. Background on McMurdo Station Ice Pier
For background information on the McMurdo Station ice pier, the
reader is referred to the Federal Register notice of January 7, 2003
(68 FR 775-780), which is hereby incorporated by reference into this
notice. None of the stipulated facts of Section A (``Background on
McMurdo Station Ice Pier'') of the January 7, 2003, notice have changed
since its issuance on that date. The materials to be dumped (other than
the ice in the pier itself, which melts naturally) include materials
used in construction of the ice pier that cannot be removed prior to
disposal. As explained in the January 7, 2003, notice, construction of
an ice pier at McMurdo Station involves the following types and
approximate quantities of materials that are normally used: (a) 6,300 m
(21,000 ft) of one-inch steel cable; (b) 200 m (650 ft) of two-inch
steel pipe; (c) three or four chemically-untreated wooden utility poles
approximately one-foot in diameter, (d) several steel bollards; and (e)
4,200 cubic meters (5,000 cubic yards) of gravel, 2 cm or smaller in
size. When the pier has deteriorated to the point that it is no longer
capable of being used during the next operating season, the wooden
poles are cut off just above the surface of the ice, the steel bollards
are blasted loose and removed, the gravel is scraped off and stored for
use during the next operating season, all transportable equipment,
materials, and debris are removed, and the pier is separated from its
attachment at McMurdo Station at the end of the austral summer. It is
then towed by a ship into McMurdo Sound past the northern end of the
open channel in the ice, as close to the Ross Sea currents as possible.
The pier is cast loose in a direction to allow it to flow with the Ross
Sea currents, away from the open channel in the ice. The pier will then
float amidst the ice pack, where it mixes with the annual Antarctic sea
ice, and eventually disintegrates.
B. Statutory and Regulatory Background
1. Obligations Under United States Law
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. MPRSA Section 104(c), 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. 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; thus, it is
subject to the requirements of the MPRSA. Ocean disposal of the
materials incorporated into the ice pier will have a minimal adverse
environmental impact, and represents comparatively small quantities of
non-recoverable, non-ice matter.
The NSF has completed a United States Antarctic Program (USAP)
Environmental Impact Statement (June 1980), a USAP Final Supplemental
Environmental Impact Statement (October 1991), and an Initial
Environmental Evaluation (May 1992). More recently, the NSF has issued
two Records of Environmental Review: Installation of Freeze Cells in
Ice Piers (1998), and Use of Freeze Cells in Ice Piers to Repair Cracks
(2000). All these documents address various aspects of the
construction, operation, and disposal of ice piers at McMurdo Station
in Antarctica, and are available for review at the Office of Polar
Programs of the NSF, 4201 Wilson Boulevard, Arlington, VA 22230. (For
further information, contact Polly Penhale, at 703/292-7420). None of
these documents identified any potential environmental impacts from the
disposal of ice piers, other than the minor navigational hazard
equivalent to that posed by an ice floe or a small iceberg. The Agency
considered the analyses contained in the five documents in developing
this proposed re-issuance of the general permit for the NSF.
[[Page 26723]]
2. Obligations Under International Law
The Antarctic Science, Tourism, and Conservation Act of 1996
amended 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 United States Senate
ratified the Protocol on April 17, 1997, and it 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 as well
as detailed mandatory rules that are applicable to human activities in
Antarctica. It prohibits all activities relating to mineral resources
on the continent, except for scientific research. It commits
signatories (known as Parties) to the Protocol to complete
environmental impact assessment procedures for proposed activities,
both governmental and private. Among other things, it requires Parties
to protect Antarctic flora and fauna, and it imposes strict limitations
on disposal of wastes on the continent, as well as discharges of
pollutants in Antarctic waters.
Several sets of regulations exist that assist in the implementation
of the Protocol. These include: (a) NSF regulations regarding
environmental impact assessment of proposed Foundation actions in
Antarctica (45 CFR Part 641), (b) NSF waste regulations for Antarctica
(45 CFR Part 671), and (c) EPA regulations regarding environmental
impact assessment of non-governmental activities in Antarctica (40 CFR
Part 8).
EPA's proposal to re-issue a general permit under the MPRSA does
not conflict with obligations under the Protocol and any implementing
legislation. EPA has coordinated with other responsible authorities, as
appropriate, in EPA's consideration of the issuance of a general permit
under the MPRSA.
C. Potential Effects of Ice Pier Disposal
EPA's findings regarding (a) the fate of materials disposed in the
ocean, (b) the potential effects of ice pier disposal on organisms in
the polar marine environment, such as cetaceans (whales), pinnipeds
(seals), avian species, and endangered or threatened species, and (c)
environmental concerns associated with any operational discharges,
leaks, or spills that may have contaminated the surface of the ice pier
over the period of its existence are explained in Section C of the
January 7, 2003, notice, and have not changed, with one exception. That
exception is the updated spill prevention, control, and countermeasures
(SPCC) plan, which is described below.
EPA notes that the NSF has a SPCC plan for all the stations and
bases under NSF jurisdiction in Antarctica. That plan, initially
formulated in 1994, has been updated by NSF, and is titled: SPCC Plan
for McMurdo Station, McMurdo Sound, Antarctica; the final document is
dated January 7, 2010. The SPCC plan includes a section addressing fuel
storage and transfer systems for the ice pier at McMurdo Station. EPA
adopts the findings from the January 7, 2010, notice in its proposed
permit today.
D. Discussion
This new general permit that EPA proposes to re-issue to NSF and
its agents for the ocean dumping of man-made ice piers from NSF's
McMurdo Station, Antarctica, is subject to specific conditions. This
proposed general permit applies only to the ocean dumping of man-made
ice piers from the NSF base at McMurdo Station, Antarctica. Agents of
the NSF are included in the permit because transportation for the
purpose of dumping an ice pier may be by vessels which are not under
the direct ownership or operational control of the NSF. Section 104(a)
of the MPRSA provides that permits shall be issued for a period not to
exceed seven years (33 U.S.C. 1414(a)); thus, the term of this proposed
permit is limited to seven years from the date of issuance.
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 of Antarctica of used and contaminated chemicals, solvents, and
hazardous materials, the chance of a spill or discharge of these
materials is low. There is considerable vehicular traffic on the ice
pier during the austral summer season, and the possibility of leaks or
discharges from these vehicles cannot be totally avoided. However, the
NSF has informed EPA that vehicles are parked on the pier for only
brief periods of time, ranging from a few minutes to less than an hour,
and that no vehicles are ever parked on the pier overnight.
Additionally, such small discharges are typically contained within the
temporary gravel cover, which is removed prior to ocean disposal.
The proposed general permit establishes several specific conditions
that shall be met during the life of, and prior to the 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 dumping of ice piers
from McMurdo Station that are conducted under this general permit.
This general permit requires that the NSF have an SPCC plan in
place for the ice pier. This plan must address (specified in Item 1 in
the permit):
(a) The unloading of petroleum products from supply tankers to the
storage tanks at McMurdo Station;
(b) The unloading of drummed chemicals, petroleum products, and
material from cargo freighters to supply depots at McMurdo Station; and
(c) The loading of materials to freighters that are destined to be
returned to bases outside of 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 (specified in Item 2 in
the permit):
(a) All spills or discharges must be cleaned up within two hours of
the spill or discharge, or as soon as possible thereafter;
(b) If a spill or discharge occurs, clean-up procedures must be
completed to a level below any visible evidence of the spill or
discharge;
(c) As part of normal permit monitoring requirements, an official
record of the following information shall be kept by NSF (specified in
Item 3 in the permit):
(1) The date and time of all spills or discharges, the location of
the spill or discharge, the approximate volume of the spill or
discharge, the clean-up procedures employed, and the results of those
procedures;
(2) The number of wooden poles remaining in the pier at the time of
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;
(4) Any other non-ice substances remaining on the pier at the time
of its release; 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
[[Page 26724]]
the pier in McMurdo Sound or the Antarctic Sea.
(d) A copy of this record shall be submitted to the Director of the
Oceans and Coastal Protection Division, in the Office of Water, at EPA
Headquarters, 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
disintegration and melting.
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
(specified in Item 5(c) of the permit). 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 released ice pier. The results of these
tracking efforts shall be included in the reports that NSF is required
to submit to EPA. The period of one year was chosen by EPA 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 pier
eventually disintegrates and melts); and second, one year's tracking
measurements should provide substantial evidence about the geographic
track of ice piers during the disintegration process. The NSF shall
submit tracking reports to EPA for all releases of ice piers from
McMurdo Station under this permit. If tracking results demonstrate that
all ice piers released have generally followed the same geographic path
and time of disintegration for the one year following release, EPA will
consider whether further tracking efforts and reports shall be required
from NSF in any future issuances of this permit.
EPA received the tracking records from NSF of the last release of
an ice pier from McMurdo Station. The pier was released on February 14,
1999, and travelled in a generally northern direction into the Southern
Ocean; it was tracked until the pinger signal was lost on December 7,
1999. However, the ice pier only showed movement from the time of its
release until May 1, 1999; from that time until December 7th, there was
no further travel of the pier, and it is assumed it was frozen into the
Antarctic ice pack. The following table provides information on the
path of the ice pier from February 14 to May 1, 1999:
------------------------------------------------------------------------
Date Latitude Longitude
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February 14, 1999 77.75[deg] S. 166.37[deg] E.
February 28, 1999 76.92[deg] S. 162.90[deg] E.
March 15, 1999 75.43[deg] S. 167.35[deg] E.
March 30, 1999 73.48[deg] S. 170.91[deg] E.
April 10, 1999 70.77[deg] S. 169.46[deg] E.
April 20, 1999 70.53[deg] S. 168.06[deg] E.
May 1, 1999 70.38[deg] S. 167.22[deg] E.
------------------------------------------------------------------------
Using a great circle distance calculator, it can be determined
that, from the time of its release until the pier was frozen into the
ice pack, the ice pier travelled a total distance of 526 statute miles,
or 457 nautical miles.
Considering that any contaminants remaining on the surface of the
pier are expected to be extremely small, and that the area over which
the disintegration and melting of the piers is immense (and probably
incalculable), the potential for damage to the environment from the
ocean dumping of ice piers from McMurdo Station, in Antarctica, is
minimal. In addition, the possibility of entanglement of any large
organisms in suspended loops of cable from the melting piers has been
determined by EPA to be very minimal; further discussion of this issue
can be found in ``C. Potential Effects of Ice Pier Disposal'', in the
January 7, 2003 notice.
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
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 the 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 in Antarctica was requested by EPA and
received from both the U. S. Fish and Wildlife Service (USF&WS) of the
Department of the Interior, and the National Marine Fisheries Service
(NMFS) of the U.S. 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 USF&WS and the NMFS
pursuant to Section 7 of the ESA, and both 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 USF&WS or
the NMFS on this issue before promulgating a final general permit on
the ocean dumping of ice piers.
Dated: May 3, 2011.
Paul Cough,
Director, Oceans and Coastal Protection Division.
Paul Cough,
Director, Oceans and Coastal Protection Division.
EPA proposes to re-issue a general permit for the NSF as follows:
Disposal of Ice Piers From McMurdo Station, Antarctica
The U.S. 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 McMurdo Station, Antarctica, for
the purpose of ocean dumping, subject to the following conditions:
(1) The NSF shall have a spill prevention, control, and
countermeasures (SPCC) plan in place, 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
[[Page 26725]]
discharge of any of these materials to the ice pier:
(a) Petroleum products unloaded from supply tankers to storage
tanks at McMurdo Station;
(b) Drummed chemicals, petroleum products, and all materials
unloaded from cargo freighters to supply depots at McMurdo Station; and
(c) All materials loaded to freighters destined to be returned to
bases outside Antarctica.
(2) 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, unless circumstances prevent cleanup within that
time frame. In that event, the spill or discharge shall be cleaned up
as soon as possible thereafter.
(3) As part of normal monitoring requirements, a 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, 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 of those procedures;
(b) The number of wooden poles remaining in the pier at the time of
its 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 from McMurdo Station;
(d) Any other non-ice materials remaining on the pier at the time
of its release from McMurdo Station; 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 or the Antarctic Sea.
(4) The non-embedded ends of all wooden utility poles or bollards
shall be cut off from the ice pier prior to disposal, and shall not be
disposed of in the ocean.
(5) Prior to the ocean dumping of any ice piers, the NSF shall take
the following actions:
(a) Other than the matter physically embedded in the ice pier (such
as the ends of wooden light poles frozen in the pier, and the
strengthening steel cables), all other objects (including the non-
embedded portions of the wooden poles used for lighting, power, or
telephone connections, and any removable cables, equipment debris, or
objects of anthropogenic origin), shall be removed from the ice pier
prior to dumping;
(b) The gravel non-slip surface of the ice pier shall be removed to
the maximum extent possible, and shall be stored on the mainland for
subsequent use during the next operating season; and
(c) 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 shall be included in the annual reports that the NSF is
required to submit to the Agency.
(6) The NSF shall submit a report by June 30 of every year to the
Director, Oceans and Coastal Protection Division, Office of Water, 1200
Pennsylvania Avenue, N.W., Washington, DC 20460, on:
(a) Any spills, discharges, or clean-up procedures on the ice pier
at McMurdo Station;
(b) Any ocean dumping of ice piers from McMurdo Station; and
(c) Any tracking efforts of ice piers released from McMurdo Station
under this general permit, for the year preceding the date of the
annual report.
(7) For the purpose of this permit, the term ``ice pier(s)'' means
those man-made ice structures containing embedded steel cable, wooden
pole ends, 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 provisions of fuel, supplies, and
materiel for use by NSF activities in Antarctica, as well as for the
purpose of loading the previous year's accumulation of wastes, which
can be returned to the United States for recycling and disposal.
(8) This permit shall be valid until (month)(day), 2018.
[FR Doc. 2011-11211 Filed 5-6-11; 8:45 am]
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