[Federal Register Volume 68, Number 4 (Tuesday, January 7, 2003)]
[Notices]
[Pages 775-780]
From the Federal Register Online via the Government Publishing 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, [email protected], 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