[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Notices]
[Pages 7536-7539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3840]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7452-9]


Issuance of a Final 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: Final permit.

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SUMMARY: EPA is today issuing 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. 
McMurdo Station, which is located on the southern tip of Hut Point 
Peninsula on Ross Island, is the largest of three stations in 
Antarctica operated by the National Science Foundation. This station is 
the logistics hub of the United States Antarctic Program. The majority 
of personnel and supplies destined for bases and field camps on 
Antarctica pass through McMurdo Station. In order to unload supplies, 
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, and 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 final general permit 
is intended to protect the marine environment by setting forth permit 
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 can take place. EPA has determined that only minimal adverse 
environmental impacts will result from the dumping of ice piers under 
this general permit.

DATES: This permit is effective February 14, 2003.

ADDRESSES: Additional information on this final general permit can be 
obtained from the person identified in the section FOR FURTHER 
INFORMATION CONTACT, which follows below.

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, NW., 
Washington, DC 20460; telephone (202) 566-1288.

SUPPLEMENTARY INFORMATION:

A. The McMurdo Station Ice Pier

    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.
    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 fuel and unleaded gasoline. In early February, 
the supply vessel arrives and off-loads the annual provision of 
supplies for McMurdo Station and other U.S. Antarctic bases. After 
unloading its

[[Page 7537]]

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.
    Construction of an ice pier is necessary to allow the various 
vessels to dock and unload at McMurdo Station. This ice pier, which is 
approximately 800 feet long, 300 feet wide, and 22 feet thick, is 
constructed during the winter season. The pier has several wooden poles 
frozen in it to support lighting, power, and telephone connections, and 
is covered with a gravel surface. At the end of each austral summer 
season, the pier is inspected, and as much of the gravel 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 ice pier has a normal viable life of three to five years; after 
that period, factors such as stress cracking and erosion cause the pier 
to be unusable. 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 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 McMurdo Base. It is then towed by a U.S. Coast Guard cutter to 
float free in the ice pack of the Ross Sea, where it mixes with the 
annual sea ice, and eventually disintegrates.
    Please see the proposed permit notice in the Federal Register (68 
FR 775-780, January 7, 2003) for a complete discussion of the McMurdo 
Station ice pier, including the process by which it is constructed, the 
reasons why the pier needs to be disposed of and reconstructed on a 
regular basis, the procedures undertaken prior to disposal to assure 
that minimal substances remain on the pier, and a description of the 
physical disposal process.

B. Statutory and Regulatory Background

    Section 102(a) of the Marine Protection, Research, and Sanctuaries 
Act (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.
    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. EPA 
has determined that only minimal adverse environmental impacts will 
result from the ocean dumping of ice piers under this general permit.

C. Discussion

    Today EPA is issuing a general permit to the 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 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 the U.S. Coast Guard. 
Further, the 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 
(Sec. 104(a), 33 U.S.C. 1414(a)); consequently, the term of this permit 
is limited to a maximum of seven years.
    This general permit establishes several conditions that must be met 
during the life of, and prior to the ocean dumping of, an ice pier. For 
example, the non-embedded ends of all utility poles and bollards must 
be cut off from the ice pier prior to disposal, and shall not be 
disposed of in the ocean. In addition, this general permit 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.
    The conditions specified in this general 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 a minimal 
adverse environmental impact. The Agency has determined 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. 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. 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.

D. Response to Comments Received

    One comment was received on the proposed general permit (68 FR 775-
780, January 7, 2003). That comment, from The Antarctica Project (TAP), 
raised two points of concern about the proposed permit. Both points 
derive from Section (b) of the permit; that section requires NSF or its 
contractors to clean up any spill or discharge on the ice pier below 
any visible evidence of the spill or discharge, and to clean up any 
spill or discharge within two hours of the spill or discharge, or as 
soon as possible thereafter.
    The first concern raised by TAP questioned whether allowing the NSF 
to clean up a spill ``within two hours of the spill or discharge, or as 
soon as possible thereafter,'' was sufficiently environmentally 
protective. TAP has proposed revising the language to read: ``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 
this time frame. In that event, the spill or discharge will be cleaned 
up as soon as possible thereafter.'' Discussion of this point with NSF 
has made it clear that the Foundation intends to meet the two-hour 
cleanup requirement unless unusual circumstances prevent it from doing 
so. Such circumstances may include situations such as sudden severe 
weather conditions, a fire in the McMurdo Station complex, or a much 
larger discharge event elsewhere at McMurdo Station, that would require 
immediate and primary attention from cleanup personnel. Therefore, the 
language of the permit has been

[[Page 7538]]

modified to accommodate TAP's concern.
    Second, TAP questioned whether cleaning up a spill or discharge 
below any visible evidence of the spill or discharge was 
environmentally sufficient; they stated that a spill or discharge may 
penetrate into the ice below the point of visibility. TAP wanted the 
cleanup of any spill or discharge to be confirmed by testing, 
presumably by sampling and analysis. As described in the section 
entitled SUPPLEMENTARY INFORMATION in the proposed permit notice (68 FR 
775, 778), NSF conducted sampling and analysis on a previous ice pier, 
evaluating both general areas of the pier and specific locations that 
showed any sign of contamination. The results of these analyses 
demonstrated that cleanup efforts were effective in removing petroleum 
hydrocarbons. EPA believes that the combination of spill prevention 
measures by NSF to minimize the risk of any spills or discharges, as 
well as the removal of any visually contaminated areas in a spill event 
will effectively address any concerns with residual contamination of 
the ice pier. Consequently, the language of the permit has not been 
modified to reflect TAP's comments on this point.

E. Endangered Species Act

    The Endangered Species Act (ESA) imposes duties on Federal agencies 
regarding endangered species of fish, wildlife, or plants and habitats 
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 occur in the affected area.
    Before issuing the notice proposing issuance of a general permit to 
NSF for the ocean dumping of ice piers, EPA 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 stated that it would consider any 
comments offered by either the F&WS or the NMFS on this issue before 
promulgating a final general permit for the ocean dumping of ice piers. 
No further comments were received from either agency on this matter.

    Dated: February 11, 2003.
Suzanne E. Schwartz,
Director, Oceans and Coastal Protection Division.

    The general 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, unless circumstances prevent cleanup within this 
time frame. In that event, the spill or discharge will be cleaned up 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

[[Page 7539]]

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 February 18, 2010.
[FR Doc. 03-3840 Filed 2-13-03; 8:45 am]
BILLING CODE 6560-50-P