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[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Notices]
[Pages 22488-22492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09136]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2013-0262; FRL-9909-87-OW]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; final permit.

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SUMMARY: EPA is re-issuing a permit authorizing the National Science 
Foundation (NSF) to dispose of ice piers in ocean waters. Permit re-
issuance is necessary because the current permit has expired. Today, 
this renewed permit retains the conditions established in the previous 
general permit issuance.

DATES: This general permit is effective May 22, 2014.

ADDRESSES: This permit is identified as Docket No. EPA-HQ-OW-2013-0262. 
The record is closed but available for inspection from 9 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays, at the Water 
Docket, 1301 Constitution Avenue NW., Room B-135, Washington, DC 20460. 
For access to docket materials, call (202) 566-2426, to schedule an 
appointment.

FOR FURTHER INFORMATION CONTACT: Ryan Gross, Environmental Engineer, 
Marine Pollution Control Branch, Oceans and Coastal Protection Division 
(4504T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW., Washington, DC 20460; telephone (202) 566-1810.

SUPPLEMENTARY INFORMATION: On February 14, 2003, EPA issued a general 
permit to the NSF for ocean disposal of man-made ice piers from its 
base at McMurdo Sound in Antarctica. The Marine Protection, Research, 
and Sanctuaries Act (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 has expired, but 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 renewal of the permit on May 9, 2011 (76 
FR 26721). Therefore, today's action by the EPA finalizes the 
provisions of the general permit and extends the terms of the 2003 
permit for another seven-year period.
    EPA re-issues the general permit under sections 102(a) and 104(c) 
of the MPRSA to authorize the NSF to dispose of man-made ice piers in 
ocean waters from its base at McMurdo Sound in Antarctica. The NSF is 
the agency of the United States Government responsible for oversight of 
the United States Antarctic Program. The NSF currently operates three 
major bases in Antarctica: McMurdo Station on Ross Island, adjacent to 
McMurdo Sound; Palmer Station, near the western terminus of the 
Antarctic Peninsula; and Amundsen-Scott South Pole Station, at the 
geographic South Pole. McMurdo Station is the largest of the three 
stations and serves as the primary logistics base for the Antarctica 
operations of NSF. The great majority of personnel and supplies 
destined for the three stations are unloaded from ships docked at the 
McMurdo Station ice pier. This man-made pier has a normal life span of 
three to five years. NSF constructed the current ice pier in 2012.
    When an ice pier is at the end of its effective life, all 
transportable equipment, materials, and debris are removed. The pier is 
then cast loose from its moorings at the base and is 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 effective life. In accordance with 
Section 104(c) of the MPRSA, 33 U.S.C. 1414(c) and implementing 
regulations at 40 CFR 220.3, the terms and conditions of this general 
permit are designed to protect the marine environment, including 
through specification of operating conditions applicable over the life 
of the pier, as well as required clean-up actions, with which the NSF 
must comply before the disposal of any ice pier.

A. Background on McMurdo Station Ice Pier

    The construction of the ice pier at McMurdo Sound Station was 
explained in the Federal Register notice of January 7, 2003 (68 FR 
775), and remains largely similar today. The current pier, however, 
contains fewer materials and is about half the size of the 2003 ice 
pier, and measures 354 feet long, 200 feet wide, and 15 feet thick. The 
current pier contains the following types and approximate quantities of 
materials: (a) 11,500 feet of one-inch steel cable embedded 5 feet from 
the bottom; (b) a 6 inch by 6 inch steel mesh embedded 10 feet from the 
bottom; (c) 650 feet of two-inch steel pipe; (d) eight steel bollards; 
and (e) 1,750 cubic yards of local gravel, 2 cm or smaller in size. 
When the pier has deteriorated to the point that it is not capable of 
being used the following season, the gravel is scraped off for use in 
the following season; all transportable equipment, materials, and 
debris are removed; and the pier is physically separated from its 
attachment to McMurdo Base at the end of the austral summer. The 
defunct pier is then towed by a U.S. Coast Guard cutter into McMurdo 
Sound past the distal end of the open channel in the ice, as near to 
the Ross Sea currents as possible. The pier is released in a direction 
that allows it to flow with the Ross Sea currents, away from the open 
channel in the ice. The pier then floats free within the ice pack, 
where it mixes with the annual sea ice and eventually disintegrates. 
The materials dumped under this general permit (other than ice, which 
melts naturally) include those materials used in construction of the 
ice pier that cannot be removed prior to disposal.
    For background information on the McMurdo Station ice pier, the 
reader is referred to the Federal Register notice of January 7, 2003 
(68 FR 775), which is

[[Page 22489]]

hereby incorporated by reference into this notice. The 2003 notice 
summarizes the permit action and provides supplementary information on 
several relevant topics. The 2003 notice also describes the history of 
NSF operations at McMurdo Station, the construction of the ice pier, 
and EPA's legal basis for issuance of the permit. The 2003 notice 
explains how the potential effects of the ice pier disposal on the 
human health and the environment were evaluated through testing and 
consultation with other agencies and determined to present a very small 
risk to the marine environment. The 2003 notice discusses EPA's basis 
for the conditions in the permit, including tracking and reporting 
requirements, and how the permit satisfies requirements of other 
relevant federal statutes. None of the facts regarding the background 
of the McMurdo Station Ice Pier described in Section A of the January 
7, 2003, notice have changed.

B. Statutory and Regulatory Background

1. Marine Protection, Research, and Sanctuaries Act (MPRSA)

    Section 102(a) of the MPRSA, 33 U.S.C. 1412(a) requires that 
agencies or instrumentalities of the United States obtain a permit to 
transport any material from any location for the purpose of dumping 
into ocean waters. 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 towing of ice piers by the USCG 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.

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 the NSF completed a United States 
Antarctic Program (USAP) Environmental Impact Statement (EIS) (June 
1980), a USAP Final Supplemental Environmental Impact Statement (SEIS) 
(October 1991), and an Initial Environmental Evaluation (May 1992). 
Since then, the 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. None of these documents 
identify any potential environmental impacts from the disposal of ice 
piers. EPA considered the analyses contained in these five documents in 
re-issuance of the general permit for the NSF. The documents are 
available for review through the EPA docket for this action and at the 
Office of Polar Programs of the NSF, 4201 Wilson Boulevard, Arlington, 
VA 22230.

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 environment, including 
whales, seals, bird species, and endangered and threatened 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 
(11,500 feet of one-inch steel cable, steel mesh, steel bollards, and 
650 feet of two-inch steel pipe) will, eventually, sink to the sea 
floor after the surrounding ice has melted. While the ice is slowly 
melting into the Antarctic Sea or the Southern Ocean, it is possible 
that steel mesh or loops of cable from partially melted 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. 
Furthermore, EPA consulted both the Fish and Wildlife Service (FWS) in 
the Department of the Interior and the National Marine Fisheries 
Service (NMFS) in the Department of Commerce, and both agencies 
concluded that the disposal will not have any effect on endangered or 
threatened species.
    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 all the stations and bases 
under NSF jurisdiction in Antarctica to reduce the potential for 
adverse effects associated with any such spills. That plan, updated in 
2012, 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 2012 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 bases 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 2003 SPCC plan. There is considerable 
vehicular traffic on the ice

[[Page 22490]]

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 today re-issues to NSF and its agents 
for the ocean disposal of man-made ice piers from the NSF research 
station at McMurdo Sound, Antarctica, is subject to eight specific 
conditions 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 the ice pier that addresses:
    (1) The unloading of petroleum products from supply tankers to the 
storage tanks at McMurdo Station;
    (2) The unloading of drummed chemicals, petroleum products, and 
material from cargo freighters to supply depots at McMurdo Station;
    (3) The loading of materials to freighters destined to be returned 
to bases outside Antarctica; and
    (4) Methods to minimize the accidental release or discharge of any 
products to the ice pier.
    Second, the general permit requires that the following clean-up and 
reporting procedures must be followed by NSF in the event of a spill or 
discharge on the ice pier:
    (1) All spills or discharges must be cleaned up as soon as 
possible.
    (2) If a spill or discharge occurs, clean-up procedures must be 
completed with a performance level such that no visible evidence of the 
spill or discharge remains.
    Third, as part of normal permit monitoring requirements, 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, and the results of clean-up procedures;
    (2) The approximate amount of the steel cables, steel pipe and 
steel mesh remaining in the ice pier at the time of its release;
    (3) Any other visible substances remaining on the ice pier at the 
time of its release; and
    (4) The date of detachment of the ice pier from McMurdo Station, 
and the geographic coordinates (latitude and longitude) of the point of 
final release of the pier in McMurdo Sound.
    Fourth, the non-embedded ends of all wooden utility poles shall be 
cut off from the ice pier prior to disposal and shall not be disposed 
of in the ocean. Though the current ice pier design does not call for 
wooden poles, this condition is retained in case wooden poles are 
installed in the future.
    The fifth condition requires certain actions be performed in 
preparation for disposal of the ice pier. All objects, excluding those 
embedded in the ice, shall be removed from the ice pier. This includes 
the removal, to the extent practicable, of the gravel surface. Also, 
NSF shall establish and implement a methodology to track the ice pier 
for one year after release. Such methodologies could include the use of 
satellite-tracked pingers placed on the ice pier, or any other 
methodology that enables data collection on the course, speed, and 
location of the ice pier. The permit requires the monitoring period of 
one year because that length of tracking data is expected to provide 
adequate evidence concerning the movement of the ice pier until it has 
completely melted and the ultimate fate of the materials in the pier.
    When EPA first issued this permit, the Agency explained that if 
tracking results from the first three ice piers tracked after being 
disposed of from McMurdo Station demonstrated that all ice piers 
generally followed the same path over the same length of time for the 
one year following release, then EPA would consider whether it would 
require further tracking efforts and reporting under any future 
versions of this permit. To date, only two ice piers have been tracked 
after leaving McMurdo Station, in 1999 and 2011. Both of these ice 
piers followed similar paths in a general north-northwesterly direction 
into the Ross Sea after release or detachment. NSF has been unable to 
implement a tracking methodology with any other piers because all other 
piers have either broken away or inadvertently detached from the 
station. Tracking information from a third ice pier should provide 
adequate data to determine whether future detached piers follow the 
same general path and whether tracking requirements should be included 
in future versions of this permit.
    Sixth, the general permit requires that NSF submit a report to the 
Director of the Oceans and Coastal Protection Division, in the EPA's 
Office of Water, by June 30 of every year as part of the annual 
reporting requirements. The report needs to inform EPA of: (1) Any 
spills, discharges, or clean-up procedures on the ice pier at McMurdo 
Station, (2) any ocean disposal of ice piers from McMurdo Station, and 
(3) any tracking efforts of ice piers disposed of from McMurdo Station 
under this general permit for the year preceding the date of the 
report.
    The seventh and eighth 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 melting and 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 melting 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 reissuance of the permit on the basis 
that: The pier should be reused rather than dumped; the EIS from 1980 
is no longer applicable; the danger of a chemical spill was 
underestimated; the impact on endangered species is not known; and the 
pier should be tracked for a longer period of time.
    EPA disagrees that these concerns warrant rejecting the permit re-
issuance application. The pier cannot be used for more than 3-5 years 
because damage sustained through normal use over time makes continued 
use unsafe. The findings of the 1980 EIS and the 1991 SEIS still 
validly show that the adverse impact of the ice pier on the environment 
will be minimal notwithstanding the passage of time

[[Page 22491]]

because the conditions required by the permit today are similar to or 
more protective than the conditions required at that time. EPA has 
concluded discussions with FWS and NMFS regarding the risk of 
entanglement to marine species and agreed that no effect is anticipated 
from that hypothetical situation. Finally, tracking the released ice 
pier for one year has allowed EPA and NSF to confidently determine the 
fate of materials used in the ice pier's construction. If future 
tracking data indicates that more than one year of tracking is needed 
to make this determination, then EPA will consider requiring a longer 
duration of tracking in future versions of this permit.

F. Statutory and Executive Order Reviews

1. 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.

2. Endangered Species Act

    The Endangered Species Act (ESA) imposes duties on Federal agencies 
regarding endangered species of fish, wildlife, or plants and 
designated critical habitats. Section 7(a)(2) of the ESA and its 
implementing regulations (50 CFR Part 402) require agencies like EPA to 
ensure, in consultation with the Secretary of the Interior or of 
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 accordance with Section 7 of the ESA, EPA requested and received 
from both FWS and NMFS an endangered species list for the affected area 
of ocean disposal of ice piers from the NSF facility at McMurdo Station 
in Antarctica. No endangered, threatened, or candidate species are 
reported to potentially occur in the affected area.
    EPA has discussed this matter with both FWS and NMFS, who have 
concluded that the ocean disposal of ice piers by NSF or its agents 
from McMurdo Station in Antarctica will have no effect on endangered or 
threatened species.
    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 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; 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 with a 
performance level such that no visible evidence of the spill or 
discharge remains. All spills or discharges on an ice pier should be 
cleaned up soon as possible.
    (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 of the clean-up procedures;
    (2) The approximate length of the steel cables, steel pipe, and 
steel mesh remaining in the ice pier at the time of its release;
    (3) Any other visible substances remaining on the ice pier at the 
time of its release; and
    (4) The date of detachment of the ice 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 wooden 
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 disposal of any ice piers, the following 
actions shall be taken by NSF:
    (1) Other than the matter 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.
    (2) The gravel non-slip surface of the pier shall be removed to the 
maximum extent practicable and stored on the mainland for subsequent 
use.
    (3) NSF shall implement a methodology to track the ice pier 
disposed of under this permit for a period of one year after disposal. 
NSF shall include the tracking data from this effort in the annual 
report that NSF is required to submit to EPA.
    (F) 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 disposal of ice piers from 
McMurdo Station, and (3) any tracking efforts of ice piers released 
from McMurdo Station under this general permit for the year preceding 
the date of the annual report.
    (G) For the purpose of this permit, the term ``ice pier(s)'' means 
those man-made ice structures containing embedded steel cable, mesh, 
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 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 for a period of seven years 
beginning 30 days after the date of publication in the Federal 
Register.

[[Page 22492]]

    Dated: April 2, 2014.
Paul Cough,
Director, Oceans and Coastal Protection Division.
[FR Doc. 2014-09136 Filed 4-21-14; 8:45 am]
BILLING CODE 6560-50-P
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