[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25004]


[[Page Unknown]]

[Federal Register: October 11, 1994]


-----------------------------------------------------------------------


NATIONAL SCIENCE FOUNDATION
 

Antarctic Conservation Act of 1978; Permit Applications, etc.

AGENCY: National Science Foundation.

ACTION: Notice of Permit Issued Under the Antarctic Conservation Act of 
1978, Public Law 95-541.

-----------------------------------------------------------------------

SUMMARY: The National Science Foundation (NSF) is required to publish 
notice of permits issued under the Antarctic Conservation Act of 1978. 
This is the required Notice.

FOR FURTHER INFORMATION CONTACT: Robert S. Cunningham or Peter R. 
Karasik, Permit Office, Office of Polar Programs, National Science 
Foundation, 4201 Wilson Blvd., Rm 755, Arlington, VA 22230.

SUPPLEMENTARY INFORMATION/Permit No. 95WM1-NSFA/ASA: On July 19, 1994, 
the National Science Foundation published a notice in the Federal 
Register of permit applications received. An environmental assessment 
addressing the decision to issue the permit entitled, Master Permit 
Application for Materials and Waste Management and Waste Disposal, was 
prepared prior to the issuance of the permit and is available for 
public review. A waste management permit for the U.S. Antarctic Program 
(USAP) was issued to the following applicants:

Co-Applicants

U.S. Naval Support Force Antarctica, Building 836, Construction 
Battalion Center, 651 Lyon Street, Port Hueneme, California 93043-4345
Antarctic Support Associates, 61 Inverness Drive East, Suite 300, 
Englewood, Colorado 80112;

    The permit applies to USAP activities at all of its facilities in 
Antarctica. The effective date of the permit is October 1, 1994. The 
expiration date of the permit is September 30, 1999.

Conditions of the Permit

    The permit conditions are as follows:
    1. Definition of ``permit''. The ``permit'' consists of volumes I 
and II of the ``Final Master Permit Application'' dated 27 June, 1994; 
and Attachment 1, Master Permit Application, signed by the permittees 
as amended or supplemented by the permit and associated conditions 
(this six-page document) signed by the Director, NSF, Office of Polar 
Programs.
    2. Negligence. Attachment 1, Master Permit Application is amended 
as follows:

Delete

    It is understood that NSFA and its personnel, and ASA and its 
personnel, will not be held responsible for accidental discharges or 
releases of designated pollutants or wastes, unless such discharges are 
the result of gross negligence.

Add

    NSFA and its personnel and ASA and its personnel, will not be held 
responsible for accidental discharges or releases of designated 
pollutants or wastes, which are cleaned up in accordance with the 
permit unless there is a finding of negligence.
    Accidental releases such as those listed in the permit are 
inevitable in the harsh operating conditions of Antarctica. Discharges 
may result, in whole or in part, from safety considerations; equipment, 
facility, or pipeline failure; weather conditions such as high winds, 
limited visibility, icy conditions or extreme cold. Absent unusual 
circumstances, such discharges would not be considered negligent and 
would not be actionable under the permit.
    3. Responsibility to comply with applicable laws and regulations. 
Issuance of this permit by NSF does not relieve the permittee of 
responsibility for complying with other applicable laws and regulations 
or future laws and regulations that become effective during the term of 
the permit. However, enforcement of other applicable laws will not be 
taken under this permit, but will be the responsibility of the 
appropriate regulating body designated within the applicable law or 
regulation.
    4. Required modification to conform with implementing legislation. 
In the event legislation is enacted to implement the provisions of the 
Protocol on Environmental Protection to the Antarctic Treaty, and 
regulations are adopted thereunder governing waste disposal and waste 
management in Antarctica, NSF and the permittees shall discuss proposed 
modifications to the permit, and this permit shall be modified, if 
necessary, to comply with the requirements of those regulations.
    5. Right of entry and inspection. Any NSF employee, contractor, or 
agent designated by the Director, Office of Polar Programs; an 
Antarctic Conservation Act enforcement officer; or an NSF 
Representative may inspect any permitted activity and records related 
thereto to verify compliance with permit conditions. The designated NSF 
employee, contractor, or agent may take photographs, review documents, 
collect samples of solids, liquids or air for analysis and 
environmental monitoring purposes and perform other actions related to 
verification of compliance with permit conditions.
    6. Incorporation of 45 CFR Part 671 into permit conditions. 45 CFR 
671.9, Conditions of permit, and all other provisions of 45 CFR part 
671 are incorporated into this permit.
    7. Field modification of Contingency Plans. The implementation of 
all Contingency Plans referred to in Volume I, Chapter 6.0, 
``Contingency Plans to Control Accidental Releases,'' of the permit may 
be affected by safety considerations; material, equipment, facility, or 
pipeline failure; non-availability of equipment with sufficient 
capacity or capability to address the release; non-availability of 
adequate transportation to reach or sustain work at the site; and harsh 
weather conditions which restrict operations. Therefore, implementation 
of these plans may be modified to accommodate these conditions.
    8. Development of a consolidated compliance plan. A consolidated 
compliance plan identifying the procedures and arrangements for 
managing compliance with the permit must be developed within 180 days 
of the issuance of this permit and submitted to the NSF. The compliance 
plan must include pertinent information from existing USAP management 
documents and subsequent documents as may be prepared. Information on 
fuel tank, pipeline, and associated equipment inspection, testing, and 
monitoring, and the frequency of these events, as well as similar 
information concerning the management of designated pollutants and 
wastes must be included in the compliance plan.
    9. Changes in the total quantity of wastes managed. Projected 
increases in the total annual quantity by weight of antarctic hazardous 
wastes managed under this permit by more than 20 percent or wastes 
(excluding antarctic hazardous wastes) managed under this permit by 
more than 20 percent relative to the ``Projected Annual Waste 
Generation For All USAP Facilities For the Period 1 October, 1994 
through 30 September, 1999'', included in Volume I Table 3-7 of the 
permit, shall require application for a formal amendment to this permit 
in accordance with 45 CFR 671.8(c).
    10. Allocation of adequate resources to execute permit 
responsibilities. In the event that either permittee believes that 
policy, programmatic, and funding decisions made by the NSF for the 
USAP prevent the adequate allocation of resources to meet permit 
obligations, the permittee must notify and send a letter by certified 
mail to the Director, Office of Polar Programs, with a copy to the 
contracting officer, within ten days of the identification of the 
resource allocation problem and state what additional resources are 
required to enable full compliance with permit requirements. The NSF 
will diligently respond to any such notification.
    11. Fuel blending. The blending of used oils with new product for 
fuel shall be done only after representative testing of the used oils 
to verify that the proposed fuel management technique meets comparable 
standards for management of used oils set forth in 40 CFR Part 279.
    12. Management of radioactive wastes. All low-level radioactive 
wastes shall be managed, stored, packaged, manifested, and shipped in 
accordance with applicable Federal regulations (e.g., NRC, DOT). Final 
disposal of the wastes in the United States will be in accordance with 
appropriate NRC and EPA regulations and any additional requirements 
imposed by the local jurisdiction receiving these wastes. All waste 
subcontractors shall be duly permitted to handle, pack, ship, or treat 
the wastes. The final disposal facility shall be licensed and permitted 
to receive and dispose of those low-level radioactive wastes. Any 
short-lived radioactive wastes held for decay to background levels 
shall be stored in a secure designated facility appropriate for that 
purpose; once sufficient time has passed, those wastes will be handled 
in a manner consistent with their other, non-radioactive 
characteristics. Appropriate management controls will be implemented to 
minimize the generation of ``mixed wastes'' (wastes with radioactive 
and hazardous characteristics).
    13. Air emissions reductions. The standard emissions control 
equipment provided at the time of manufacturing for sale of vehicles 
and equipment in the United States shall be maintained on all vehicles 
and equipment operated by the permittees for the USAP. Vehicles and 
equipment with defective or missing emissions control equipment as 
determined by visual inspection must have that equipment replaced 
within 24 months of the issuance of this permit. Vehicles and equipment 
which cannot operate under antarctic conditions with the factory 
installed, or equivalent, emissions control equipment must be replaced 
with vehicles or equipment with properly functioning emissions control 
equipment or taken out of service within 24 months of the issuance of 
this permit.
    14. Designation of a waste manager. The permittees shall provide to 
the NSF within 15 days of the issuance of this permit the name, title, 
and appropriate contact information for the principal individual and an 
alternative individual responsible for compliance with this permit. 
This individual shall be the official point of contact for all matters 
relating to the use and management of designated pollutants and wastes 
in Antarctica and compliance with the permit.
    15. Records at the site. A copy of this permit and the permit 
application, or relevant sections for a particular station or vessel, 
must be maintained at the three principal U.S. Antarctic Program 
stations; McMurdo Station, Amundsen-Scott South Pole Station, Palmer 
Station and the two USAP research vessels; the R/V Nathaniel B. Palmer 
and the R/V Polar Duke or successor. Ongoing activities receiving waste 
management permits for the first time must forward copies of the permit 
and permit application materials to the referenced site(s) as soon as 
practicable and maintain these records at the applicant's home 
institution or agency upon receipt of the permit.
    16. Violations. Violations of the Antarctic Conservation Act or the 
terms or conditions of this permit may result in criminal or civil 
fines of up to $10,000 for each occurrence, imprisonment for up to one 
year under the Act and administrative penalties (including debarment).

Reports

    17. Annual summary report. A report on the management ad 
disposition of all wastes as required under 45 CFR 671.9(c)(1)(ii) must 
be provided to the Director of NSF, Office of Polar Programs, by June 
30 of each year for the preceding 12 month period ending May 31 
throughout the term of the permit. Records on the releases and final 
disposition of balloons used for both logistical and scientific 
purposes must be included in this report. Any materials not accepted on 
the ship for retrograde or not accepted in the U.S. should be 
identified in the report. Reports on any non-permitted releases and any 
additional reports specifically requested by the Director are due as 
required under 45 CFR 671.9.
    18. Wasted minimization, reduction, and treatment. The permittees 
must provide, by June 30th of each year, a report summarizing the 
effectiveness of the waste minimization, reduction, and treatment 
methods employed during the reporting period and new measures proposed 
for implementation during the upcoming year. The first reporting period 
will be October 1, 1994 through May 31, 1995. Subsequent reporting 
periods will cover the 12 months since the last report.
    19. Transferability of permit. This permit may be transferred only 
with the consent of the NSF. Upon termination of ASA's contract with 
the NSF, ASA will be removed from the permit and will have no further 
obligations under the permit. Upon award of a new contract to replace 
services being provided by ASA, NSF will commence the required 
administrative and public processes for the transfer of the permit to 
the new contractor. ASA's obligation as a permittee will cease on the 
last day of the transition period between the two contracts.

    Dated: October 3, 1994.
Robert S. Cunningham,
NEPA Compliance Manager, Office of Polar Programs, National Science 
Foundation.
[FR Doc. 94-25004 Filed 10-7-94; 8:45 am]
BILLING CODE 17555-01-M