[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Notices]
[Pages 5790-5793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2785]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6231-4]
Issuance of an Emergency Ocean Dumping Permit to the National
Science Foundation for Disposal of an Ice Pier From Its Base at McMurdo
Station, Antarctica
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of permit issuance.
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SUMMARY: On February 1, 1999, EPA issued an emergency ocean dumping
permit to the National Science Foundation (NSF) to transport an
existing ice pier from its base at McMurdo Station, Antarctica, and
dispose of it in the waters of McMurdo Sound. The emergency permit was
issued to allow NSF to remove the existing pier and to build a new one.
The existing pier poses a substantial and unacceptable safety hazard to
human life. Minimal adverse environmental impact from the disposal of
the ice pier is expected. EPA is publishing the emergency permit for
the public's information.
DATES: The permit was effective on February 1, 1999.
ADDRESSES: Written correspondence may be sent to: Dave Redford, Acting
Chief, Marine Pollution Control Branch, Oceans and Coastal Protection
Division, (4504F), Environmental Protection Agency, 401 M Street SW,
Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Dave Redford, Acting Chief, Marine
Pollution Control Branch, 202/260-9179.
SUPPLEMENTARY INFORMATION: The EPA issued the emergency permit pursuant
to its authority under the Marine Protection, Research, and Sanctuaries
Act of 1972. The terms and conditions of the emergency permit follow.
Dated: February 1, 1999.
J. Charles Fox,
Assistant Administrator for Water.
U.S. Environmental Protection Agency, Marine Protection, Research,
and Sanctuaries ACT (Ocean Dumping) Permit
Permit Type: Emergency.
Effective Date: February 1, 1999.
Expiration Date: March 1, 2000.
Applicant: National Science Foundation.
Transporter: U.S. Coast Guard.
I. Action
This is an emergency ocean dumping permit that allows the National
Science Foundation (NSF) to transport an existing ice pier from its
base at McMurdo Station, Antarctica, and dispose of it in the waters of
McMurdo Sound. The pier poses a substantial and unacceptable safety
hazard to human life. Minimal adverse environmental impacts from the
disposal of this ice pier are expected.
II. Background
The National Science Foundation 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 is the primary logistics base for the United States
Antarctic Program (USAP). To permit vessels to dock and unload at
McMurdo Station, construction and use 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 by freezing
successive layers of ice until the required thickness is achieved.
Several times in the process long lengths of steel cable are frozen in
the pier to provide torsional stability. Short lengths of steel pipe
are implanted in the ice layers to allow the lengths of cable to be
wrapped around the pipes. In the final stage of the process, lengths of
wooden poles are implanted in the ice to provide support for lighting,
power, and telephone service to buildings on the pier. When the
construction of the ice segment of the pier is completed, a 6-
8 layer of pumice is applied to the pier, to provide a non-
slip surface.
In summary, the following types and approximate quantities of
materials would normally be used in the construction of an ice pier at
McMurdo Station:
1'' steel cable: 21,000 feet
2'' steel pipe: 650 feet
Wooden utility poles: Up to 6
Pumice: 5,000 cubic yards
At the end of each austral summer season, the ice pier is
inspected, and as much as possible of the pumice surface is removed and
stored for use the following season; small amounts of pumice surface
will remain frozen in the pier and cannot be removed. If 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 pumice is scraped off, all equipment, materials, and
debris are removed, and the pier is physically
[[Page 5791]]
removed from McMurdo Station. NSF seeks authorization to tow the ice
pier out to McMurdo Sound to float free amidst the ice pack, where it
will mix with the sea ice, and eventually melt naturally.
Transportation of the ice pier for ocean disposal in McMurdo Sound is
dumping subject to the Marine Protection, Research, and Sanctuaries Act
(MPRSA). MPRSA Sec. 101(a), 33 U.S.C. 1411(a).
Of potential environmental concern are any operational discharges,
leaks, or spills that may have contaminated the surface of the pier
over its lifetime. Examples of possible releases include aircraft fuel,
gasoline, engine lubricating oils, hydraulic fluids, or ethylene glycol
(antifreeze). Such releases could result in contamination of portions
of the pier with compounds of concern to the marine environment. To
assess this potential, the NSF has analyzed ice samples taken from the
ice pier. Tests were done in two successive years for ethylene glycol,
total extractable hydrocarbons, and total petroleum hydrocarbons (TPH).
In over 40 analyses, there were only two cases where any contaminants
were detected. In the first case, the sample collected beneath a 55-
gallon fuel drum revealed leakage from the drum; in the second case, a
single detection of TPH of unknown origin occurred. Subsequently, the
NSF issued a directive that all locations where fuel drums were used or
stored shall be underlain with a containment measure, such as large
metal pans or impermeable liners, beneath the potential contaminant
source. Drip pans were installed under all fuel drums providing heat to
structures on the pier.
The NSF has a Spill Prevention, Control, and Countermeasures Plan
for all the stations and bases under its jurisdiction in Antarctica.
The Plan includes a specific section for McMurdo Station that addresses
fuel storage and transfer systems, the annual unloading of drummed
lubricants, solvents, and hazardous materials, and the loading of
contaminated solvents and materials for removal from Antarctica. For
example, if NSF personnel observe discoloration of the pumice layer, or
a spill or leak, the affected pumice is removed along with any
contaminated ice, and stored off the pier. In addition, there is
considerable vehicular traffic on the ice pier during vessel offload
operations, and the possibility of leaks from engine blocks cannot be
totally excluded. However, the NSF has informed EPA that the 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.
As a result of the analyses described above and the protective
measures that have been instituted by the NSF, EPA has concluded that
no contaminants of concern in greater than trace amounts will be
contained in the pier when it is disposed, and further, that the
release of the ice pier into McMurdo Sound would cause only minimal
adverse environmental impacts. The long lengths of cable and the
shorter lengths of steel pipe will sink to the ocean floor during the
melting process, and the short lengths of wooden poles will float in
the ocean for several months before becoming waterlogged and eventually
sinking to the ocean floor.
Although precise information is not available on the time required
for melting and disintegration of an ice pier, NSF scientists have
estimated that such processes will take place over several years. NSF
believes that the ice pier will drift from the release point in McMurdo
Sound, into the Antarctic Sea, and eventually into the Southern Ocean,
where it will be subject to the currents of the Southern Ocean.
However, since it is not known how long the ice pier will float before
its eventual disintegration and melting, EPA believes it is important
to know the direction of the pier's path, prior to its final
disintegration. Satellite tracking of large, slowly moving, objects is
a well-established technology, especially since estimates of course,
speed, and location need only be made several times a month.
As a result, the NSF is directed, as a condition of this permit, to
utilize a methodology to track the ice pier 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 EPA. The NSF has informed EPA that disposal of the ice pier
is expected to be completed by March 1, 1999; however, the term of the
permit extends to March 1, 2000, because of the tracking and reporting
requirements stipulated in this permit.
III. Justification for the Emergency Permit
The NSF initially raised the matter of a permit for the disposal of
ice piers from McMurdo Station with EPA in late 1992. At that time, it
was not clear that immediate action to issue the permit was necessary,
and EPA's preferred approach was to amend the ocean dumping regulations
to add a new general permit at 40 CFR Part 229, authorizing the dumping
of ice piers from the NSF base at McMurdo Station on a cycle of up to
seven years. Work on the regulation had proceeded to the point that a
general permit had been drafted in November 1998, and the internal
Agency review process had begun. However, in late December 1998, the
NSF determined that the pier had become unsafe for future operations,
and that the unloading of vessels and deposition of heavy materials on
the pier would pose a substantial and unacceptable hazard to human
life. The pier has eroded from underneath, and has developed internal
cracks that cannot be repaired. The NSF informed EPA that a permit to
allow the dumping of the existing ice pier would be required by early
February 1999.
At that point, completion of the process to grant a general permit
to the NSF through rulemaking by early February was impossible, due to
the time required for Agency review and approval of the proposed
regulation, publication in the Federal Register, a public comment
period, drafting of a final rule that takes into account the public
comments, Agency review and approval, and publication of the final rule
in the Federal Register. Issuance of this emergency permit allows for
immediate disposal of the current deteriorating ice pier; work on the
rule providing for a general permit for the NSF will continue.
Emergency permits are addressed in the ocean dumping regulations at
40 CFR 220.3(c), which provides:
1. A permit may be issued to dump materials where substances
prohibited as other than trace contaminants are present in greater than
trace amounts,
(a) After consultation with the Department of State, to determine
if any of the signatories to the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter (the London Convention
of 1972) are likely to be affected by the emergency dumping; and
(b) When an emergency has been demonstrated to exist that requires
such dumping. The emergency must pose an unacceptable risk relating to
human health, and admit of no other feasible solution. As used in 40
CFR 220.3(c), ``emergency'' refers to situations requiring action with
a marked degree of urgency, but is not limited to circumstances that
require immediate action.
2. Emergency permits may be issued for other materials, except
those prohibited by 40 CFR 227.5, without
[[Page 5792]]
consultation with the Department of State, when EPA determines that
there exists an emergency requiring the dumping of such materials,
which poses an unacceptable risk to human health and admits of no other
feasible solution.
EPA has determined that continued use of the existing ice pier
would pose an unacceptable risk to human health, and that disposal of
the pier admits of no other feasible solution. To continue operations
in Antarctica, the NSF must have a permit that will allow removal of
the existing ice pier and its subsequent disposal at sea. NSF must have
this permit by early February 1999, so that the U.S. Coast Guard
icebreaker (the transporter) can tow the deteriorating pier out to
McMurdo Sound before the harbor and the Sound freeze solid. There are
no other disposal options, and there is no other method, other than
towing by the icebreaker, to remove the pier from McMurdo Station.
Failure to remove the existing pier and construct a new one presents a
serious risk to human health and safety, and will jeopardize the USAP's
ability to continue its research mission. Without a safe platform for
offloading vessels, materials cannot be delivered to resupply the
station; without the resupply of McMurdo Station, activities in
Antarctica would have to be halted, resulting in a severe impact to
NSF's scientific objectives, including a significant environmental
research program.
Further, there are no materials present on, or in, the ice pier
that are prohibited by either 40 CFR 227.5 or 40 CFR 227.6. Thus, the
Agency has determined that all necessary conditions for issuance of an
emergency permit, pursuant to 40 CFR 220.3(c), have been met, and
further, EPA has concluded that this emergency dumping action will have
minimal adverse environmental effects. EPA also believes that, because
of the urgency of the situation, and the risk to human health discussed
above, notice and public comment on this emergency permit are
impracticable, unnecessary, and not in the public interest. Further,
EPA believes that the public interest requires the issuance of an
emergency permit as soon as possible.
With regard to notification of the State Department, 40 CFR
220.3(c) implements the provisions of Article V(2) of the London
Convention 1972 (LC 72). That article allows the issuance of emergency
permits as an exception to LC 72 Article IV(1)(a) and Annex I
prohibitions against the dumping of certain substances. Consistent with
LC 72 Article V(2), 40 CFR 220.3(c) is intended to assure that
necessary consultation with the International Maritime Organization and
potentially affected states take place if the material to be dumped
contains greater than trace contaminants of LC 72 Annex I substances.
Because the ice pier to be dumped does not contain such materials, the
consultation provisions of 40 CFR 220.3(c) are not relevant.
IV. Terms and Conditions of Permit
1. This permit authorizes the transportation and dumping into ocean
waters of an ice pier, pursuant to the Marine Protection, Research, and
Sanctuaries Act of 1972, as amended, 33 U.S.C. 1401 et seq.,
(``MPRSA''), subject to the terms and conditions set forth herein. All
transportation and dumping authorized herein shall at all times be
undertaken in a manner consistent with this permit.
2. The applicant designated above is the permittee, and is
responsible for compliance with this permit.
3. The permittee and the U.S. Coast Guard are authorized to
transport the following ice pier for ocean disposal and to dump it into
ocean waters, by releasing it into McMurdo Sound:
The ice pier is currently attached to the National Science
Foundation base at McMurdo Station, Antarctica. This ice pier is
approximately 800 feet long, 300 feet wide, and 22 feet thick, and is
composed of frozen seawater. Enclosed in the pier are approximately:
21,000 feet of one-inch steel cable in several layers used for
torsional stability of the pier; 650 feet of two-inch steel pipe used
for securing the cable; and 6 stump ends of wooden poles, each
approximately four feet long, used for light, power, and telephone
connections to structures that have been removed from the pier.
4. The ice pier shall not be altered in its content from the above
description by the addition of wastes from any other sources. The layer
of pumice shall be removed from the surface of the pier to the extent
feasible.
5. A methodology to track the ice pier 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 permittee shall submit a full
report on the tracking efforts required by this permit and the results
of such tracking to the Oceans and Coastal Protection Division (OCPD),
in the Office of Water in the U.S. Environmental Protection Agency
(address below), within 30 days following the termination of the permit
on March 1, 2000.
6. Transportation to, and dumping at, any location other than that
authorized by this permit shall constitute a violation of the MPRSA and
of this permit.
7. Transportation and dumping of any materials not specifically
identified, or in excess of that identified, in this permit shall
constitute a violation of the MPRSA and this permit.
8. If any dumping or transporting is performed by an entity other
than the identified applicant or transporter, all reports required
hereunder shall be jointly executed by both the permittee and an
officer of that entity.
9. Any dumping or transporting authorized by this permit by any
entity other than the identified applicant or transporter shall not
relieve the identified applicant from full responsibility for
compliance with the terms of this permit, or the MPRSA, or both; nor
shall the issuance of this permit relieve any other applicant or
transporter from responsibility for compliance with the terms of this
permit, or the MPRSA, or both.
10. The permittee shall submit a full report on the dumping
activities authorized by this permit to OCPD within 30 days after the
dumping. This report shall include:
A. A description (by latitude and longitude) of the precise
location where the ice pier was released;
B. The name and title of the person in charge of the vessel that
transported the ice pier and conducted the operation;
C. The time of the dumping activities, including departure from
McMurdo Station, and release time and date.
11. The permittee shall immediately notify OCPD of any violation of
any condition of this permit.
12. All reports and notifications to OCPD required under this
permit shall be submitted to: Suzanne Schwartz, Acting Director, Oceans
and Coastal Protection Division (4504F), U.S. Environmental Protection
Agency, 401 M Street, S.W., Washington, DC 20460.
13. The reporting requirements contained in this permit are in
addition to any reporting requirements imposed by any other agency.
14. The transporter shall place a copy of this permit in a
conspicuous place in the vessel used for the transportation and dumping
operations authorized herein.
15. The terms used in this permit which are defined in Section 3 of
the MPRSA shall have the same meaning herein.
16. This permit may be modified or revoked, in whole or in part,
for causes including, but not limited to, the following:
A. Violation of any term or condition of the permit;
[[Page 5793]]
B. Misrepresentation, inaccuracy, or failure by the applicant to
disclose all relevant facts;
C. A change in any condition or material fact upon which this
permit is based that requires either a temporary or permanent reduction
or elimination of the authorized transportation or dumping including,
but not limited to, newly discovered scientific data relative to the
granting of this permit;
D. A determination by EPA that the dumping has resulted, is
resulting, or may result, in imminent and substantial harm to human
health or welfare, or to the marine environment; and
E. Failure to notify appropriate EPA officials of dumping
activities.
Signed by J. Charles Fox.
January 29, 1999.
[FR Doc. 99-2785 Filed 2-4-99; 8:45 am]
BILLING CODE 6560-50-P