[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Notices]
[Pages 22408-22414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08842]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2013-0262; FRL-10022-98-OW]


Re-Issuance of a General Permit to the National Science 
Foundation for the Ocean Disposal of Man-Made Ice Piers From Its 
Station at McMurdo Sound in Antarctica

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; proposed permit.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to re-issue 
a general permit under the Marine Protection, Research and Sanctuaries 
Act (MPRSA) authorizing the National Science Foundation (NSF) to 
dispose of ice piers in ocean waters. Permit re-

[[Page 22409]]

issuance is necessary because the current permit is due to expire on 
May 21, 2021. EPA does not propose substantive changes to the content 
of the current permit.

DATES: Written comments on this proposed general permit will be 
accepted until May 28, 2021.

ADDRESSES: This proposed permit is identified as Docket No. EPA-HQ-OW-
2013-0262.
    Submit your comments to the public docket for this proposed permit 
at https://www.regulations.gov. Follow the online instructions for 
submitting comments. All submissions received must include the Docket 
ID No., and comments received may be posted without change to https://www.regulations.gov, including any personal information provided. Out 
of an abundance of caution for members of the public and our staff, the 
EPA Docket Center and Reading Room are closed to the public, with 
limited exceptions, to reduce the risk of transmitting COVID-19. Our 
Docket Center staff will continue to provide remote customer service 
via email, phone, and webform. We encourage the public to submit 
comments via https://www.regulations.gov or email, as there may be a 
delay in processing mail and faxes. Hand deliveries and couriers may be 
received by scheduled appointment only. For further information on EPA 
Docket Center services and the current status, please visit us online 
at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Betsy Valente, Physical Scientist, 
Freshwater and Marine Regulatory Branch, Oceans, Wetlands, and 
Communities Division (4504T), U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone (202) 564-
9895; email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    EPA has issued three MPRSA permits to NSF for the ocean disposal of 
man-made ice piers from its station at McMurdo Sound in Antarctica: an 
emergency permit issued on February 1, 1999; a general permit published 
in the Federal Register on February 14, 2003 (68 FR 7536); and the 
current general permit published in the Federal Register on April 22, 
2014 (79 FR 22488). The current permit is valid for a term of seven 
years that began on May 22, 2014.
    The purpose of this proposed general permit is to authorize NSF to 
ocean dispose of man- made ice piers from McMurdo Station in Antarctica 
for another seven-year period. EPA proposes to re-issue the general 
permit under sections 102(a) and 104(c) of the MPRSA.
    NSF is the agency of the United States Government responsible for 
oversight of the United States Antarctic Program. NSF currently 
operates three major stations 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 site for 
operations at McMurdo and South Pole Stations, with the great majority 
of personnel and supplies arriving here via vessel. To unload supplies, 
ships dock at a man-made ice pier.
    The service life of past man-made ice piers has ranged from 1 to 10 
years. NSF constructed the current ice pier in 2020. Prior to the 
current pier, the three most recently constructed ice piers averaged 
two years of use before disposal in ocean waters. The proposed permit 
would allow NSF to ocean dispose of ice piers at the end of their 
service life, including the pier currently in use and any additional 
ice piers constructed at McMurdo Station. Eight is the maximum number 
of man-made ice piers estimated for ocean disposal during the seven-
year effective period of the proposed permit; however, NSF anticipates 
that four or fewer piers will need to be ocean disposed during this 
period.
    When an ice pier is at the end of its effective life, all 
structures, operational equipment and materials, debris, and any 
objects of anthropogenic origin are removed from the surface of the 
pier to the safest extent possible. The pier then is cast loose from 
its moorings at the base and is transported to McMurdo Sound for ocean 
disposal, where it would float freely within the ice pack, mix with the 
annual sea ice, and eventually disintegrate naturally with any 
remaining internal pipes or cables eventually dropping out and falling 
to the seafloor. Re-issuance of this general permit is necessary 
because ice piers must be released from shore and transported to sea 
for disposal at the end of their effective life. While it is preferable 
to tow these ice piers out to sea for disposal before releasing them to 
ensure they do not lodge on shore near McMurdo Station, which this 
proposed general permit would authorize, this is not often possible due 
to the lack of availability of an appropriate towing vessel. Thus, many 
past ice piers have been merely released directly from shore and been 
allowed to float freely with the wind and current. This general permit 
is intended to protect the marine environment by setting forth specific 
permit terms and conditions, including operating conditions that occur 
over the life of the pier and required clean-up actions prior to 
disposal, with which NSF would need to comply in advance of any ice 
pier disposal. The majority of permit terms involve activities that 
occur in advance of any anticipated disposal of the ice pier, 
regardless of the method of release to ocean waters.

A. Background on McMurdo Station Ice Pier

    NSF constructs ice piers during the austral winter, beginning when 
the frozen pack ice in McMurdo Sound reaches a thickness of 
approximately three feet. First, a berm of snow is created on the ice 
pack to define the perimeter of what will become the ice pier. Heavy-
duty pumps are used to flood the bermed area with approximately four 
inches of seawater. The water freezes in about 24 to 48 hours. The 
process is repeated, each time creating another four-inch layer until 
the ice reaches a total thickness of approximately five to seven feet. 
At this stage, holes are drilled in the ice and sections of eight-inch 
diameter steel pipe are inserted vertically into the holes. One- inch 
steel cable is woven around the steel pipes; this cable is used to keep 
the pier ``strung together'' in case of cracking, rather than to 
provide structural strength. The entire aforementioned process is 
repeated; approximately five to seven feet of ice is added on the first 
layer, a second layer of cable is added, and approximately five to 
seven feet of ice is added on top of that. The final target thickness 
of the pier is a maximum of 20 feet. Throughout construction, at 
intervals dictated by environmental conditions, cuts are made around 
the edge of the pier to separate it from the surrounding ice. This can 
be done using trenching equipment or a drill.
    Several steel pipe sections are frozen around the proximal edge of 
the pier to attach the pier to the mainland via cables and to serve as 
bollards to moor vessels. Following completion of the ice portion of 
the pier, a six- to eight-inch layer of one-inch locally sourced gravel 
is applied to the surface of the pier to insulate the structure during 
the warmest part of the year and to provide a non-slip working surface. 
A tracking device is also placed on the ice pier during this process. 
At the end of each austral summer season, the gravel is removed and 
stored for use the following season.
    A typical ice pier measures 550 feet (168 meters) long, 250 feet 
(76 meters) wide, and 20 feet (6 meters) in

[[Page 22410]]

thickness. Ice piers are generally constructed using (1) 13,000 feet 
(3,962 meters) of one-inch steel cable; (2) 150 feet (46 meters) of 
eight-inch steel pipe; (3) 150 feet of 12-inch steel pipe; and (4) 
4,000 cubic yards of one-inch or smaller gravel.
    On occasion, cracks develop in the ice pier and must be repaired to 
ensure that the pier is safe for use. One repair method uses additional 
steel pipe and cable to ``suture'' the surface of the pier. A second 
method uses passive thermosyphons (a device that transfers heat via 
natural convection in a fluid, known programmatically as a ``freeze 
cell'') to repair cracks in the ice pier. In 1998, thermosyphons filled 
with food grade glycol were used on an experimental basis to stimulate 
ice growth to repair cracks in the ice pier. The cells stimulated 
adequate ice growth and were removed with no impact to the environment. 
Because the technique has proven to be successful, thermosyphons may be 
used when cracks develop that require additional ice growth to effect 
repair. Thermosyphons are constructed of approximately 40-foot lengths 
of 3.5-inch diameter steel pipe filled with glycol and are placed into 
holes drilled into an ice pier. Approximately half of the pipe's length 
is embedded in the ice while the remaining half is exposed above the 
surface. Thermosyphons are fully removed once the repairs are 
completed.
    Spills of materials such as food grade glycol, hydraulic fluid, 
oil, and diesel fuel may occur on an ice pier. All spills are 
thoroughly reported, documented and cleaned up to the extent 
practicable; however, some spilled material may penetrate the ice and 
full recovery would damage the pier to the point that it may become 
unusable. Locations of spills are marked and mapped. Before a pier is 
transported and disposed at sea, recovery of the any residual spill 
material is executed, if possible. Since 2011 there have been sixteen 
small spills, eight of which related to the use of thermosyphons. 
Procedures for the installation and removal of thermosyphons have since 
been reviewed and revised to minimize the possibility of further spills 
associated with this activity.
    The other eight spills were primarily the result of mechanical 
equipment failures due to the extreme environmental conditions (e.g., 
failed hydraulic line). Spill amounts since 2011 ranged from 0.25 to 9 
gallons.
    The effective lifespan of previous man-made ice piers has ranged 
from 1 to 10 years and is highly dependent on regional environmental 
conditions in the years following construction. Wave action or contact 
with vessels may cause erosion of the seaward face of an ice pier. 
Local meltwater drainage may erode parts of the mainland side of an ice 
pier. Periods of unseasonably warm weather can also decrease the 
lifespan of an ice pier. Factors such as stress cracking and erosion 
can cause an ice pier to deteriorate and become unsafe for use. In the 
period between the late 1970s through 2009, ocean current and wave 
action reaching McMurdo Sound were reduced due to more stable ice over 
and the grounding of the world's largest iceberg in the early 2000s. 
Since that time period, conditions, temperatures, and storminess have 
been more variable. When an ice pier has deteriorated to the point that 
it is not capable of being used the following year, it is prepared for 
disposal. Prior to the disposal of an ice pier, all structures, 
operational equipment and materials, debris, and any objects of 
anthropogenic origin are removed from the surface of the pier to the 
safest extent possible. Additionally, all steel pipes are cut at the 
ice surface and removed from the pier leaving only the portion embedded 
in the ice. The gravel cover is removed to the maximum extent possible 
and transported to the mainland for subsequent use or storage. Due to 
the extreme Antarctic environment, and at times unpredictable weather, 
the safety of personnel will always be considered a higher priority 
than achieving maximum material removal.
    Before a new ice pier can be constructed during the austral winter 
(March through September), the existing ice pier must first be ocean 
disposed. Ocean disposal of an ice pier typically occurs following the 
annual delivery of fuel and supplies to McMurdo Station at the end of 
the austral summer (approximately late February-March) when there are 
18 to 24 hours of daylight per day. If possible, an ice pier may be 
towed from its location by vessel (e.g., by a United States Coast Guard 
icebreaker) for ocean disposal in McMurdo Sound. The chartered 
icebreaker is typically at McMurdo Station for very limited periods 
(i.e., no more than one month), and it has been rare for an icebreaker 
to be at the station when an ice pier needs to be transported for ocean 
disposal. An ice pier was last towed from McMurdo Station in 1990. An 
ice pier is more likely to be freely released from its site of 
attachment at the shore in Winter Quarters Bay when winds and tide 
conditions are favorable to move the pier north out of McMurdo Sound. 
The pier is then carried north by the Ross Sea gyre and may enter the 
Antarctic Circumpolar Current which flows from west to east and carries 
the ice pier away from the seasonal sea ice and along the coast of 
Antarctica. This path has been well documented from the tracking device 
reporting, as required under the current and 2003 general permits. 
Occasionally, a large storm has broken an ice pier loose and caused the 
unexpected release of a pier; in such cases, the piers were either 
transported along the same current paths or became frozen in McMurdo 
Sound. Regardless of method of release, the disposal site is McMurdo 
Sound, where the pier would float freely within the ice pack, mix with 
the annual sea ice, and eventually disintegrate due to wind or waves.
    The materials dumped under this proposed general permit (other than 
ice, which melts naturally) include those materials used in the 
construction of the ice pier that cannot be removed prior to disposal, 
and generally consist of: (1) 13,000 feet of one-inch steel cable; (2) 
150 feet of eight-inch steel pipe; and (3) 150 feet of 12-inch steel 
pipe. Although the proposed general permit would generally require NSF 
to remove above-surface materials on the piers and to place a tracking 
device on the pier prior to release, this is not always possible due to 
safety concerns when conditions deteriorate rapidly; the proposed 
permit recognizes emergency circumstances. Over the past decade, the 
placement of materials on the ice pier has been significantly reduced. 
No structures, power poles or other unnecessary items are allowed on 
the pier. This reduces the potential for materials to enter the ocean 
if an unplanned release of the pier occurs. The tracking devices are 
now secured on the pier and turned on before the arrival of the ice 
breaker in case there is an event which causes the pier to be 
inadvertently released. When offload operations are complete and the 
pier is securely frozen in place for the winter, the tracking device is 
turned off and removed from the pier for use in the following year.

B. Statutory and Regulatory Background

1. Marine Protection, Research, and Sanctuaries (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. MPRSA section 104(c), 33 U.S.C. 1414(c), and EPA 
regulations at 40 CFR 220.3(a) authorize the issuance of a general 
permit under the MPRSA for the

[[Page 22411]]

dumping of materials which have a minimal adverse environmental impact 
and are generally disposed of in small quantities. The transportation 
of ice piers from McMurdo Station for disposal at sea constitutes 
transportation of material for the purpose of dumping in ocean waters, 
and thus is subject to the MPRSA. EPA has determined that ocean 
disposal of the material associated with the ice piers is likely to 
cause only a minimal adverse environmental effect and represents 
comparatively small quantities of unrecoverable non-ice materials. In 
the United States, the MPRSA implements the requirements of the 
Convention on the Prevention of Marine Pollution by Dumping of Wastes 
and Other Matter of 1972, known as the London Convention.

2. Obligations Under International Law

    The Antarctic Science, Tourism, and Conservation Act of 1996 
amended the Antarctic Conservation Act of 1978. This law is designed to 
implement the provisions of the Protocol on Environmental Protection to 
the Antarctic Treaty (``the Protocol''). The United States Senate 
ratified the Protocol on April 17, 1997, and it entered into force on 
January 18, 1998. The Protocol builds on the Antarctic Treaty to extend 
its effectiveness as a mechanism for ensuring protection of the 
Antarctic environment. The Protocol 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. The Protocol prohibits all activities relating to mineral 
resources in Antarctica, except for scientific research, and commits 
signatories to the Protocol (known as Parties) to environmental impact 
assessment procedures for proposed activities, both governmental and 
private. Among other things, the Protocol 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 implement the legislation that, in 
turn, implements the Protocol, including: (a) NSF regulations regarding 
environmental impact assessment of proposed NSF actions in Antarctica 
(45 CFR part 641); (b) NSF waste regulations for Antarctica (45 CFR 
part 671); and (c) EPA regulations regarding environmental impact 
assessment of non-governmental activities in Antarctica (40 CFR part 
8).
    In this regard, EPA notes that NSF completed a United States 
Antarctic Program (USAP) Environmental Impact Statement (June 1980), a 
USAP Final Supplemental Environmental Impact Statement (October 1991), 
a Comprehensive Environmental Evaluation for Continuation and 
Modernization of McMurdo Station Area Activities (August 2019), and an 
Initial Environmental Evaluation (May 1992). Since then, NSF issued two 
Records of Environmental Review: Installation of Freeze Cells in Ice 
Piers (1998) and Use of Freeze Cells in Ice piers to Repair Cracks 
(2000). All these documents address various aspects of the 
construction, operation, and disposal of ice piers at McMurdo Station 
in Antarctica. The documents are available for review through the EPA 
docket for this action and at the Office of Polar Programs of NSF, 2515 
Eisenhower Avenue, Alexandria, VA 22314. (For further information from 
NSF, please contact Polly Penhale, at 703-292-7420.) None of these 
documents identified any potential environmental impacts from the 
disposal of ice piers, other than the minor navigational hazard 
equivalent to that posed by an ice floe or a small iceberg. The Agency 
considered the analyses contained in these six documents in re-issuance 
of the general permit for NSF.

C. Potential Effects of Ice Pier Disposal

    EPA's decision is based on findings regarding three areas of the 
ocean disposal of ice piers in ocean waters off the Antarctic: (1) The 
fate of the materials disposed in the ocean, (2) the potential effects 
of ice pier disposal on organisms in the polar marine environment, 
large whales, seals, bird species, and (3) environmental concerns 
associated with any operational discharges, leaks, or spills that may 
have contaminated the surface of the pier.
    The materials contained in the ice pier that cannot be removed 
(approximately 13,000 feet of one-inch steel cable, 150 feet of eight-
inch steel pipe, and 150 feet of 12-inch steel pipe) will, eventually, 
sink to the sea floor after the surrounding ice has disintegrated. 
While the ice is slowly disintegrating into the Antarctic Sea or the 
Southern Ocean, it is possible that loops of cable from partially 
disintegrated layers of ice may hang temporarily from the floating 
pier. However, considering the normal behavior and mating habits of 
whales, seals, and sea birds, it is unlikely that these materials pose 
any danger to these species. EPA is nonetheless considering the effects 
of this permit on threatened and endangered species and designated 
critical habitat and, if required, may consult under Section 7 of the 
Endangered Species Act. The final permit may include additional 
provisions for the protection of listed species and/or designated 
critical habitat.
    In 1993 and again in 1994, NSF sampled the ice on the surface of 
the pier to assess the potential for contamination from discharges of 
gasoline and antifreeze. Contamination was detected in only one 
location directly under two 55-gallon fuel drums. In response, NSF 
issued a directive that all fuel drums shall be underlain with 
secondary containment methods. Also, as one of the conditions of the 
2003 permit, NSF developed and now implements a spill prevention, 
control, and countermeasure (SPCC) plan for its station at McMurdo 
Sound under NSF jurisdiction in Antarctica to reduce the potential for 
adverse effects associated with any such spills. That plan, updated in 
2017, is titled: Spill Prevention, Control, and Countermeasure (SPCC) 
Plan, McMurdo Station, McMurdo Sound, Antarctica. The SPCC plan 
includes a section addressing fuel storage and transfer systems for the 
ice pier at McMurdo Station. With the implementation of new protective 
measures in the updated 2017 plan, such as longer length hoses for 
unloading petroleum products from the annual supply tanker and new 
precautions taken in the handling and return to facilities outside 
Antarctica of used or contaminated chemicals, solvents, and hazardous 
materials, the risks of any spill or any discharge of these materials 
is now lower than under the 2012 SPCC plan. 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, NSF has provided EPA reasonable 
assurance that every effort to mitigate the risk of leakages or 
discharges is being taken, including limits on the time that vehicles 
are parked on the pier and that no vehicles are ever parked on the pier 
overnight.

D. Discussion

    Considering the information presented in the previous section, EPA 
finds that the potential effects of this disposal are minimal and in 
accordance with the statutory standards applicable to permit issuance 
under the MPRSA.
    The general permit that EPA proposes to re-issue to NSF and its 
agents for the ocean disposal of man-made ice piers from the NSF 
station at McMurdo Sound, Antarctica, is subject to nine specific 
conditions, outlined below,

[[Page 22412]]

applicable during the use and disposal of ice piers. First, the general 
permit requires that NSF continue to maintain and implement an SPCC 
plan, consistent with the requirements of 40 CFR 112.3, for man-made 
ice piers. 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 an ice pier:
    (1) Petroleum products unloaded from supply tankers to the storage 
tanks at McMurdo Station;
    (2) Drummed chemicals, petroleum products, and materials unloaded 
from cargo freighters to supply depots at McMurdo Station; and
    (3) Materials loaded to freighters destined to be returned to 
facilities outside Antarctica.
    (4) Material spilled as a result of thermosyphon use or related 
activities.
    Second, the general permit requires that if a spill or discharge 
occurs on an ice pier, it will be completely cleaned up, such that no 
visible evidence remains, unless 100% removal would result in greater 
environmental risk or put the safety of personnel at risk. All spills 
or discharges on an ice pier should be cleaned up soon as possible.
    Third an official 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, the amount of gravel and/or ice removed, photos 
of the spill sites before and after clean-up, if lighting allows, and 
the results of clean-up procedures (e.g., estimate of percentage of 
spill removed);
    (2) The length of the steel cables and steel pipe used in 
construction of the ice pier;
    (3) The length of the steel cables and steel pipe remaining on the 
ice pier at the time of its release;
    (4) Any other materials remaining on the ice pier at the time of 
its release; and
    (5) The date of detachment of the ice pier from McMurdo Station, as 
well as the geographic coordinates (latitude and longitude) of the 
point of its release if the release occurs at a location other than 
directly from shore at McMurdo Station.
    Fourth, NSF shall place a tracking device on the pier prior to ship 
operations each season.
    The fifth condition refers to incidents where NSF finds that towing 
an ice pier to sea for disposal is not feasible due to the planned 
release from shore due to the absence of vessels capable of towing, 
rapid deterioration of the pier threatening safety, or because 
anticipated weather conditions (e.g., strong storms) are likely to 
break an ice pier loose from its moorings. In these instances, the pier 
may be directly released from shore and the following actions shall be 
required:
    (1) With safety as a primary consideration, an attempt shall be 
made to meet all four of the requirements for cleaning and preparing 
the ice pier;
    (2) Photographic evidence of the condition of the pier prior to the 
cleanup and just prior to and during release shall be taken, if 
lighting allows;
    (3) A report shall be developed which includes documentation about 
the circumstances that led to release of the pier from shore, what 
cleaning was conducted prior to release of the pier, what was present 
on the pier at the time of the release, how the pier was released, and 
the location to which the pier was transported after release, as 
determined by visual observations and by tracking device.
    The sixth condition describes actions that shall be taken by NSF 
prior to the towing of an ice pier to sea for ocean disposal, or the 
planned release from shore due to the absence of vessels capable of 
towing, including:
    (1) Other than the matter embedded in the ice pier (i.e., the ends 
of pipes frozen in the pier, and the strengthening cables), all other 
objects (including the non-embedded portions of materials used for 
maintaining a connection between the pier and the mainland and any 
removable equipment, debris, or objects of anthropogenic origin), shall 
be removed from the pier and shall not be disposed in the ocean.
    (2) The gravel non-slip surface of the pier shall be removed to the 
maximum extent practicable.
    (3) NSF shall implement a methodology using a tracking device to 
track the ice piers disposed of under this permit for as long as the 
device remains active. NSF shall include the tracking data from this 
effort in the annual report that NSF is required to submit to EPA under 
paragraph G below.
    (4) Documentation including photographs, if lighting allows, of the 
cleanup and release shall be developed.
    Seventh, NSF shall submit a report by June 30 of every year to the 
Director of the Oceans, Wetlands, and Communities Division in EPA's 
Office of Water. The report must identify:
    (1) Any spills, discharges, or clean-up procedures on the ice pier 
at McMurdo Station, including but not limited to:
    a. Amount of surface gravel removed due to spills,
    b. Description of removal of potentially contaminated ice layers,
    c. Images, if lighting allows, describing the spill sites before 
and after clean-up, and
    d. Copies of spill and clean-up records and other records as 
developed under Section C above.
    (2) Detailed reports of all ice pier ocean disposals from McMurdo 
Station for the year, including:
    a. Detailed descriptions and photographs of release, and if towed, 
the name and activity of the vessel associate with the disposal,
    b. The time, date, and geographic coordinates (latitude and 
longitude) of the point of release (if released from a location other 
than directly from shore at McMurdo Station) in McMurdo Sound or the 
Ross Sea and the tracking data as the ice pier moves on its trajectory 
in the Southern Ocean,
    c. Other reports and materials generated under permit,
    d. Details of cleanup procedures,
    e. Amounts of all materials remaining on the piers at the time of 
release, and
    f. Any tracking efforts of ice piers released from McMurdo Station 
under this general permit for the year preceding the date of the annual 
report.
    (3) A current copy of the SPCC, if revised or updated since 
previous submission. The eighth and ninth conditions define the term 
``ice pier'' and explain that the permit shall be valid for seven 
years, as per the MPRSA, respectively.
    Any contaminants remaining on the surface of the piers after 
release are expected to be minimal and insignificant. The area over 
which the disintegration of the piers occurs is immense. Thus, the 
dilution of contaminants in ocean waters should be adequate such that 
the potential for damage to the environment from ocean disposal of any 
McMurdo Station ice piers is minimal. In addition, the possibility of 
entanglement of large organisms in suspended loops of cable from the 
disintegrating ice piers has been determined by EPA to be very minimal. 
(Further discussion of this issue can be found in ``C. Potential 
Effects of Ice Pier Disposal,'' above.)
    Finally, the proposed re-issuance of this permit to NSF does not in 
any way relieve NSF of meeting the United States' obligations under the 
Antarctic Protocol, the Antarctic Conservation Act, or the implementing 
regulations.

[[Page 22413]]

E. Statutory and Executive Order Reviews

Paperwork Reduction Act

    The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to 
minimize the reporting and record-keeping burden on the regulated 
community, as well as to minimize the cost of Federal information 
collection and dissemination. In general, the Act requires that 
information requests and record-keeping requirements affecting ten or 
more non-Federal respondents be approved by the Office of Management 
and Budget. Because this general permit affects only Federal agency 
record-keeping and reporting requirements, it is not subject to the 
requirements of the Paperwork Reduction Act.

Brian Frazer,
Director, Oceans, Wetlands, and Communities Division.
    For the reasons stated above, EPA proposes to re-issue the general 
permit for NSF as follows:

Disposal of Ice Piers From McMurdo Station, Antarctica

    The United States National Science Foundation (NSF) 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 implement a spill prevention, control, and 
countermeasure (SPCC) plan, 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 materials unloaded 
from cargo freighters to supply depots at McMurdo Station;
    (3) Materials loaded to freighters destined to be returned to 
facilities outside Antarctica; and
    (4) Material spilled as a result of thermosyphon use or related 
activities.
    (B) If a spill or discharge occurs on an ice pier, it will be 
completely cleaned up, such that no visible evidence remains, unless 
100% removal would result in greater environmental risk or put the 
safety of personnel at risk. All spills or discharges on an ice pier 
should be cleaned up soon as possible.
    (C) An up-to-date 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, the amount of gravel and/or ice removed, photos 
of the spill sites before and after cleanup, if lighting allows, and 
the results of the cleanup procedures (e.g., estimate of percentage of 
spill removed);
    (2) The length of the steel cables and steel pipe used in the 
construction of the ice pier;
    (3) The length of the steel cables and steel pipe remaining on the 
ice pier at the time of its release;
    (4) Any other materials remaining on the ice pier at the time of 
its release; and
    (5) The date of detachment of the ice pier from McMurdo Station and 
the geographic coordinates (latitude and longitude) of the point of its 
release if the release occurs at a location other than directly from 
shore at McMurdo Station.
    (D) NSF shall place a tracking device, as specified in paragraph 
(F)(3), on the pier prior to ship operations each season.
    (E) If NSF finds that towing a pier to sea for disposal is not 
feasible due to the planned release from shore due to the absence of 
vessels capable of towing, rapid deterioration of the pier threatening 
safety, or because anticipated weather conditions (e.g., strong storms) 
are likely to break an ice pier loose from its moorings, the pier may 
be released from shore and the following actions shall be required:
    (1) With safety as a primary consideration, an attempt shall be 
made to meet all four of the requirements for cleaning and preparing 
the ice pier described in paragraph F below;
    (2) Photographic evidence of the condition of the pier prior to the 
cleanup conducted to implement condition (E)(1) and just prior to and 
during release shall be taken if lighting allows;
    (3) The report specified in paragraph (G) shall include 
documentation about the circumstances that led to release of the pier 
from shore, what cleaning was conducted prior to release of the pier, 
what was present on the pier at the time of the release, how the pier 
was released, and the location to which the pier was transported after 
release, as determined by visual observations and by tracking device.
    (F) Prior to the towing of an ice pier to sea for ocean disposal, 
or the planned release from shore due to the absence of vessels capable 
of towing, the following actions shall be taken by NSF:
    (1) Other than the matter embedded in the ice pier (i.e., the ends 
of pipe frozen in the pier, and the strengthening cables), all other 
objects (including the non-embedded portions of materials used for 
maintaining a connection between the pier and the mainland and any 
removable equipment, debris, or objects of anthropogenic origin), shall 
be removed from the pier and shall not be disposed in the ocean.
    (2) The gravel non-slip surface of the pier shall be removed to the 
maximum extent practicable.
    (3) NSF shall implement a methodology using a tracking device to 
track the ice piers disposed of under this permit for as long as the 
device remains active. NSF shall include the tracking data from this 
effort in the annual report that NSF is required to submit to EPA under 
paragraph G below.
    (4) Documentation including photographs, if lighting allows, of the 
cleanup and release shall be developed.
    (G) NSF shall submit a report by June 30 of every year to the 
Director of the Oceans, Wetlands and Communities Division, in EPA's 
Office of Water, on
    (1) any spills, discharges, or clean-up procedures on the ice pier 
at McMurdo Station, including but not limited to:
    a. Amount of surface gravel removed due to spills,
    b. Description of removal of potentially contaminated ice layers,
    c. Images, if lighting allows, describing the spill sites before 
and after clean-up, and
    d. Copies of spill and clean-up records and other records as 
developed under Section C above.
    (2) Detailed reports of all ice pier ocean disposals from McMurdo 
Station for the year, including:
    a. Detailed descriptions and photographs of release, and if towed, 
the name and activity of the vessel associate with the disposal,
    b. The time, date, and geographic coordinates (latitude and 
longitude) of the point of release (if released from a location other 
than directly from shore at McMurdo Station) in McMurdo Sound or the 
Ross Sea and the tracking data as the ice pier moves on its trajectory 
in the Southern Ocean,
    c. All reports/materials generated under paragraphs C, D, E, and F 
above,
    d. Details of cleanup procedures,
    e. Amounts of all materials remaining on the piers at the time of 
release, and
    f. Any tracking efforts of ice piers released from McMurdo Station 
under

[[Page 22414]]

this general permit for the year preceding the date of the annual 
report.
    (3) A current copy of the SPCC, if revised or updated since 
previous submission.
    (H) For the purpose of this permit, the term ``ice pier(s)'' means 
those manmade ice structures containing embedded steel cable, and pipe, 
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 material and supplies for McMurdo and 
South Pole Stations and for loading the previous year's accumulation of 
wastes, which are returned to the United States.
    (I) This permit shall be valid for a period of seven years 
beginning 30 days after the date of publication in the Federal 
Register.

[FR Doc. 2021-08842 Filed 4-27-21; 8:45 am]
BILLING CODE 6560-50-P