[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69242-69247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26473]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2013-0262; FRL-8912-02--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; final permit.

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SUMMARY: Environmental Protection Agency (EPA) is re-issuing 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. The permit conditions are substantively the 
same as those established in the permit issued on April 22, 2014. 
Permit re-issuance is necessary because the current permit has expired.

DATES: This general permit is effective January 6, 2022.

ADDRESSES: This final permit is identified as Docket No. EPA-HQ-OW-
2013-0262.
    The record is closed but available for inspection at https://www.regulations.gov. 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. 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 a general permit published in the Federal 
Register on April 22, 2014 (79 FR 22488).

[[Page 69243]]

    MPRSA section 104(a) provides that permits shall be issued for a 
period not to exceed seven years, 33 U.S.C. 1414(a). This general 
permit published in the Federal Register on April 22, 2014, has 
expired, but it remains in effect under the Administrative Procedure 
Act, 5 U.S.C. 558(c) because NSF filed a timely and sufficient 
application for renewal prior to expiration. EPA published a notice 
proposing re-issuance of a general permit on April 28, 2021 (86 FR 
22408). Today's action by the EPA finalizes the provisions of the 
general permit and authorizes NSF to ocean dispose of man-made ice 
piers from McMurdo Station in Antarctica for a seven-year period. This 
general permit is re-issued 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 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 one to 
ten years. NSF constructed the current ice pier in 2021. Prior to the 
current pier, the three most recently constructed ice piers averaged 
two years of use before disposal in ocean waters. The permit allows 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 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 either allowed to drift with the wind 
and current or towed 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. 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 general permit authorizes, 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'' should cracks occur, 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 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 on the ice pier are marked and mapped. 
Before a pier is transported and disposed at sea, NSF recovers any

[[Page 69244]]

residual spilled material to the extent possible. Since 2011 there have 
been 16 small spills, eight of which related to the use of 
thermosyphons. NSF has since reviewed and revised its procedures for 
the installation and removal of thermosyphons to minimize the 
possibility of further spills associated with this activity.
    The other eight spills on an ice pier 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 one to ten years and was 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 lower compared to current 
conditions due to more stable ice cover caused by the grounding of the 
world's largest iceberg in the early 2000s. Since that time, 
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. 
Removal of steel pipes embedded in the ice is not technically feasible 
and likely impossible. The gravel cover is removed to the maximum 
extent possible and transported to the mainland for subsequent use or 
storage. Like steel pipes, removal of gravel embedded in the ice is not 
technically feasible. 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 in the same location 
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. The last time an ice pier was 
towed from McMurdo Station was 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 
winds and tide to 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 initially required under the 2003 general permit and since. The 
tracking and reporting requirement is retained in this permit. 
Occasionally, a large storm has broken an ice pier loose and caused the 
unexpected release of a pier; in such cases, the piers either moved 
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 then floats freely within the ice pack, mix with the 
annual sea ice, and eventually disintegrate due to wind or waves.
    The materials dumped under this general permit (other than ice, 
which melts naturally) include the remaining 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, all of which remain embedded in the ice because removal is 
technically infeasible. Although the general permit generally requires 
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 permit recognizes the need for disposal in emergency circumstances. 
Over the past decade, the placement of materials on the ice pier has 
been significantly reduced, decreasing 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. NSF is an agency or instrumentality of the United 
States. 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 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

[[Page 69245]]

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), 
and a Comprehensive Environmental Evaluation for Continuation and 
Modernization of McMurdo Station Area Activities (August 2019) 
Additional environmental impact assessments included an Initial 
Environmental Evaluation (May 1992) and 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 to authorize NSF's ocean disposal of ice piers under 
this general permit 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 habits of whales, 
seals, and sea birds, the disposal if ice piers under this permit are 
not anticipated to effect any of these species; any effects on species 
are extremely unlikely to occur.
    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.
    This general permit re-issued 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, 
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 (and any update) 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 must be completely cleaned so 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 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

[[Page 69246]]

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 an ice pier may be 
released from shore if NSF finds that rapid deterioration of a pier is 
becoming a threat to human health and safety, or because anticipated 
weather conditions (e.g., strong storms) are likely to break an ice 
pier apart or break an ice pier loose from its moorings. Should this 
unanticipated release be needed, an attempt shall be made to meet all 
of the requirements described in the sixth condition below that can be 
safely completed given the circumstances.
    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. Actions to be taken by NSF include the following:
    (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) Documentation including photographs, if lighting allows, of ice 
pier clean-up and of the ice pier just prior to, during and after 
release shall be developed.
    (4) NSF shall use the tracking device required in condition 4 above 
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 
condition 7 below.
    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, documenting the spill sites before 
and after clean-up, and
    d. Copies of spill and clean-up records and other records.
    (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 associated 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 (e.g., documents, photos) generated 
under permit,
    d. Details of clean-up 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 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.

E. Responses to Comments Received

    EPA received one comment during the public comment period. The 
comment raised objections to the steel cable being allowed to remain in 
the ice piers disposed at sea and suggested that the steel cable should 
be reused or shipped back from Antarctica rather than disposed at sea.
    EPA disagrees that these concerns warrant rejecting the permit re-
issuance application. The steel cable is an essential structural 
component of ice piers needed to hold the pier together in the event of 
cracking, to maintain the stability of the pier, and for safety, and 
more importantly, the cable contained within the ice piers cannot be 
safely removed at the end of the useful life of the ice pier. This 
general permit is as protective of the environment as possible as it 
requires the removal of all materials from the ice pier prior to 
disposal except those which cannot be removed because they are embedded 
(contained within) in the ice pier itself.

F. 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 re-issues 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

[[Page 69247]]

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, 
cleanup 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 the clean-up 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) An ice pier may be released from shore if NSF finds that rapid 
deterioration of a pier is becoming a threat to human health and safety 
or because anticipated weather conditions (e.g., strong storms) are 
likely to break an ice pier apart or break an ice pier loose from its 
moorings. Should this unanticipated release be needed, an attempt shall 
be made to meet all of the requirements described in paragraph F below 
that can be safely completed given the circumstances.
    (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) Documentation including photographs, if lighting allows, of ice 
pier clean-up and of the ice pier just prior to, during and after 
release shall be developed.
    (4) NSF shall implement a methodology using the tracking device 
placed on the ice pier under Section D above 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 as well as any 
visual observations taken regarding the trajectory of the ice pier in 
the annual report that NSF is required to submit to EPA under paragraph 
G below.
    (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, documenting the spill sites before 
and after clean-up, and
    d. Copies of spill and cleanup 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 of the ice pier 
from shore including documentation about the circumstances that led to 
release of the pier from shore and how the pier was released, and if 
towed, the name and activity of the vessel associated 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 (e.g., documents, photos) generated under 
paragraphs C, D, E, and F above,
    d. Details of clean-up 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.
    (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. 2021-26473 Filed 12-6-21; 8:45 am]
BILLING CODE 6560-50-P