Re-Issuance of a General Permit to the National Science Foundation for the Ocean Disposal of Man-Made Ice Piers From McMurdo Station in Antarctica; Proposed Permit, 26721-26725 [2011-11211]
Download as PDF
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices
Any
member of the public wishing to obtain
general information concerning the
public teleconference may contact Dr.
Holly Stallworth, Designated Federal
Officer (DFO), EPA Science Advisory
Board via e-mail at
stallworth.holly@epa.gov, telephone/
voice mail (202) 564–2073, or fax (202)
565–2098. General information
concerning the EPA Science Advisory
Board can be found on the EPA Web site
at https://www.epa.gov/sab.
SUPPLEMENTARY INFORMATION: The SAB
was established pursuant to the
Environmental Research, Development,
and Demonstration Authorization Act
(ERDAA), codified at 42 U.S.C. 4365, to
provide independent scientific and
technical advice to the EPA
Administrator on the technical basis for
Agency positions and regulations. The
SAB is a Federal Advisory Committee
chartered under the Federal Advisory
Committee Act (FACA), 5 U.S.C., App.
2. Pursuant to FACA and EPA policy,
notice is hereby given that the SAB will
hold a public teleconference to conduct
a quality review of a draft report entitled
‘‘SAB Review of Valuing Mortality Risk
Reductions for Environmental Policy.’’
The SAB will comply with the
provisions of FACA and all appropriate
SAB Staff Office procedural policies.
Background: The SAB was asked to
review and provide advice to EPA on a
draft White Paper, entitled ‘‘Valuing
Mortality Risk Reductions for
Environmental Policy: A White Paper’’
(December 2010). To conduct this
review, the SAB Staff Office requested
public nominations of experts (74 FR
32607–32608) and augmented the SAB
Environmental Economics Advisory
Committee. The Environmental
Economics Advisory Committee
Augmented for Valuing Mortality Risk
Reduction held a face-to-face public
meeting on January 20–21, 2011 (75 FR
80048–80049) and a public
teleconference on March 14, 2011 (76
FR 11242–11243). The SAB will
conduct a quality review of the Panel’s
draft report. Background information
about this SAB advisory activity can be
found on the SAB Web site at https://
yosemite.epa.gov/sab/sabproduct.nsf/
fedrgstr_activites/Mortality%20Risk%20
Valuation?OpenDocument.
Availability of Meeting Materials: The
agenda and other materials in support of
the teleconference will be placed on the
SAB Web site at https://www.epa.gov/sab
in advance of the teleconference.
Procedures for Providing Public Input:
Public comment for consideration by
EPA’s Federal advisory committees and
panels has a different purpose from
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
VerDate Mar<15>2010
15:23 May 06, 2011
Jkt 223001
public comment provided to EPA
program offices. Therefore, the process
for submitting comments to a Federal
advisory committee is different from the
process used to submit comments to an
EPA program office.
Federal advisory committees and
panels, including scientific advisory
committees, provide independent
advice to EPA. Members of the public
can submit comments for a Federal
advisory committee to consider as it
develops advice for EPA. Input from the
public to the SAB will have the most
impact if it provides specific scientific
or technical information or analysis for
SAB panels to consider or if it relates to
the clarity or accuracy of the technical
information. Members of the public
wishing to provide comment should
contact the Designated Federal Officer
directly. Oral Statements: Individuals or
groups requesting an oral presentation
will be limited to three minutes. Those
interested in being placed on the public
speaker list for the June 7, 2011
teleconference should contact Dr.
Stallworth at the contact information
provided above no later than June 1,
2011. Written Statements: Written
statements should be supplied to the
DFO via e-mail at the contact
information noted above by June 1, 2011
for the teleconference so that the
information may be made available to
the Panel members for their
consideration. Written statements
should be supplied in one of the
following electronic formats: Adobe
Acrobat PDF, MS Word, MS
PowerPoint, or Rich Text files in IBM–
PC/Windows 98/2000/XP format. It is
the SAB Staff Office general policy to
post written comments on the Web page
for the advisory meeting or
teleconference. Submitters are requested
to provide an unsigned version of each
document because the SAB Staff Office
does not publish documents with
signatures on its Web sites. Members of
the public should be aware that their
personal contact information, if
included in any written comments, may
be posted to the SAB Web site.
Copyrighted material will not be posted
without explicit permission of the
copyright holder.
Accessibility: For information on
access or services for individuals with
disabilities, please contact Dr.
Stallworth at (202) 564–2073 or
stallworth.holly@epa.gov. To request
accommodation of a disability, please
contact Dr. Stallworth preferably at least
ten days prior to the teleconference to
give EPA as much time as possible to
process your request.
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
26721
Dated: May 3, 2011.
Anthony Maciorowski,
Deputy Director, EPA Science Advisory Staff
Office.
[FR Doc. 2011–11209 Filed 5–6–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9302–9]
Re-Issuance of a General Permit to the
National Science Foundation for the
Ocean Disposal of Man-Made Ice Piers
From McMurdo Station in Antarctica;
Proposed Permit
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA proposes to re-issue 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. EPA does not propose
changes to the content of the permit
because ocean disposal under the terms
of the previous permit will continue to
meet the ocean disposal criteria.
DATES: Written comments on this
proposed general permit will be
accepted until June 8, 2011. All
comments must be received or
postmarked by midnight of June 8, 2011,
or must be delivered by hand by the
close of business of that date to the
address specified below.
ADDRESSES: This proposed permit is
identified as Docket No. EPA–HQ–OW–
2011–0306. Submit your comments by
one of the following methods:
Mail: Send an original and three
copies of your comments and enclosures
(including references) to Water Docket,
U.S. Environmental Protection Agency,
Mail Code: 2822–IT, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
Attention Docket No. EPA–HQ–OW–
2011–0306.
Hand delivery: EPA Water Docket,
EPA Docket Center, EPA West Building,
Room 3334, 1301 Constitution Avenue,
NW., Washington, DC 20460, Docket
No. EPA–HQ–OW–2011–0306.
Deliveries to the docket are accepted
only during their normal hours of
operation: 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. For access to docket materials,
call: 202/566–2426, to schedule an
appointment.
E- mail: ow-docket@epa.gov;
Attention Docket No. EPA–HQ–OW–
2011–0306. To ensure that EPA can
properly respond to comments,
SUMMARY:
E:\FR\FM\09MYN1.SGM
09MYN1
26722
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices
commenters should cite the
paragraph(s) or sections in the proposed
permit to which each comment refers.
Commenters should use a separate
paragraph for each issue discussed, and
must submit any references cited in
their comments. If you submit an
electronic comment, EPA recommends
that you include your name and other
contact information in the body of your
comment. Electronic files should avoid
any form of encryption and should be
free of any defects or viruses.
FOR FURTHER INFORMATION CONTACT:
Jonathan Amson, Senior Marine
Scientist, Marine Pollution Control
Branch, Oceans and Coastal Protection
Division (4504T), U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460;
telephone: 202/566–1276.
On
February 14, 2003, EPA issued a general
permit to the National Science
Foundation (NSF) for ocean disposal of
man-made ice piers from its base at
McMurdo Station in Antarctica. This
ocean dumping permit had a term of
seven years. It remains in effect under
the Administrative Procedure Act, 5
U.S.C. 558(c), after its February 18, 2010
expiration because NSF applied for reissuance prior to expiration. The
purpose of today’s proposed general
permit is to re-issue the 2003 permit for
another seven-year period. The reissued permit will allow the NSF to
ocean dispose the ice pier currently in
use at McMurdo Station, which is at the
end of its service life.
EPA proposes to re-issue the general
permit under Sections 102(a) and 104(c)
of the Marine Protection, Research, and
Sanctuaries Act (MPRSA) to authorize
the NSF to dispose of man-made ice
piers in ocean waters from McMurdo
Station in Antarctica. The NSF is the
entity 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 Station, at the
geographic South Pole. McMurdo
Station is the largest of the three bases,
and serves as the primary logistics base
for Antarctica. The great majority of
personnel and supplies destined for the
three stations are unloaded at, and pass
through, McMurdo Station. To unload
supplies, ships dock at an ice pier. Manmade ice piers have a normal life span
of three to five years; the current ice
pier, constructed in 1999, is over ten
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
15:23 May 06, 2011
Jkt 223001
years old, and is effectively at the end
of its service life.
When an ice pier is at the end of its
effective life, all transportable
equipment, materials, and debris are
removed; the pier is cast loose from its
moorings at the base. It is then towed
out to McMurdo Sound for disposal,
where it disintegrates naturally. Reissuance of this general permit is
necessary because the pier must be
towed out to sea for disposal at the end
of its effective life. This proposed
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. It also
describes required clean-up actions that
the NSF must comply with before the
disposal of any ice pier can take place.
A. Background on McMurdo Station Ice
Pier
For background information on the
McMurdo Station ice pier, the reader is
referred to the Federal Register notice of
January 7, 2003 (68 FR 775–780), which
is hereby incorporated by reference into
this notice. None of the stipulated facts
of Section A (‘‘Background on McMurdo
Station Ice Pier’’) of the January 7, 2003,
notice have changed since its issuance
on that date. The materials to be
dumped (other than the ice in the pier
itself, which melts naturally) include
materials used in construction of the ice
pier that cannot be removed prior to
disposal. As explained in the January 7,
2003, notice, construction of an ice pier
at McMurdo Station involves the
following types and approximate
quantities of materials that are normally
used: (a) 6,300 m (21,000 ft) of one-inch
steel cable; (b) 200 m (650 ft) of twoinch steel pipe; (c) three or four
chemically-untreated wooden utility
poles approximately one-foot in
diameter, (d) several steel bollards; and
(e) 4,200 cubic meters (5,000 cubic
yards) of gravel, 2 cm or smaller in size.
When the pier has deteriorated to the
point that it is no longer capable of
being used during the next operating
season, the wooden poles are cut off just
above the surface of the ice, the steel
bollards are blasted loose and removed,
the gravel is scraped off and stored for
use during the next operating season, all
transportable equipment, materials, and
debris are removed, and the pier is
separated from its attachment at
McMurdo Station at the end of the
austral summer. It is then towed by a
ship into McMurdo Sound past the
northern end of the open channel in the
ice, as close to the Ross Sea currents as
possible. The pier is cast loose in a
direction to allow it to flow with the
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
Ross Sea currents, away from the open
channel in the ice. The pier will then
float amidst the ice pack, where it mixes
with the annual Antarctic sea ice, and
eventually disintegrates.
B. Statutory and Regulatory
Background
1. Obligations Under United States Law
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 proposed towing of ice
piers by the NSF from McMurdo Station
for disposal at sea constitutes
transportation of material for the
purpose of dumping in ocean waters;
thus, it is subject to the requirements of
the MPRSA. Ocean disposal of the
materials incorporated into the ice pier
will have a minimal adverse
environmental impact, and represents
comparatively small quantities of nonrecoverable, non-ice matter.
The NSF has completed a United
States Antarctic Program (USAP)
Environmental Impact Statement (June
1980), a USAP Final Supplemental
Environmental Impact Statement
(October 1991), and an Initial
Environmental Evaluation (May 1992).
More recently, the NSF has 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, and are available for
review at the Office of Polar Programs
of the NSF, 4201 Wilson Boulevard,
Arlington, VA 22230. (For further
information, 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 the five
documents in developing this proposed
re-issuance of the general permit for the
NSF.
E:\FR\FM\09MYN1.SGM
09MYN1
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices
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. It designates
Antarctica as a natural reserve, devoted
to peace and science, and sets forth
basic principles as well as detailed
mandatory rules that are applicable to
human activities in Antarctica. It
prohibits all activities relating to
mineral resources on the continent,
except for scientific research. It commits
signatories (known as Parties) to the
Protocol to complete environmental
impact assessment procedures for
proposed activities, both governmental
and private. Among other things, it
requires Parties to protect Antarctic
flora and fauna, and it imposes strict
limitations on disposal of wastes on the
continent, as well as discharges of
pollutants in Antarctic waters.
Several sets of regulations exist that
assist in the implementation of the
Protocol. These include: (a) NSF
regulations regarding environmental
impact assessment of proposed
Foundation 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).
EPA’s proposal to re-issue a general
permit under the MPRSA does not
conflict with obligations under the
Protocol and any implementing
legislation. EPA has coordinated with
other responsible authorities, as
appropriate, in EPA’s consideration of
the issuance of a general permit under
the MPRSA.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
C. Potential Effects of Ice Pier Disposal
EPA’s findings regarding (a) the fate of
materials disposed in the ocean, (b) the
potential effects of ice pier disposal on
organisms in the polar marine
environment, such as cetaceans
(whales), pinnipeds (seals), avian
species, and endangered or threatened
species, and (c) environmental concerns
associated with any operational
discharges, leaks, or spills that may
have contaminated the surface of the ice
pier over the period of its existence are
VerDate Mar<15>2010
15:23 May 06, 2011
Jkt 223001
explained in Section C of the January 7,
2003, notice, and have not changed,
with one exception. That exception is
the updated spill prevention, control,
and countermeasures (SPCC) plan,
which is described below.
EPA notes that the NSF has a SPCC
plan for all the stations and bases under
NSF jurisdiction in Antarctica. That
plan, initially formulated in 1994, has
been updated by NSF, and is titled:
SPCC Plan for McMurdo Station,
McMurdo Sound, Antarctica; the final
document is dated January 7, 2010. The
SPCC plan includes a section addressing
fuel storage and transfer systems for the
ice pier at McMurdo Station. EPA
adopts the findings from the January 7,
2010, notice in its proposed permit
today.
D. Discussion
This new general permit that EPA
proposes to re-issue to NSF and its
agents for the ocean dumping of manmade ice piers from NSF’s McMurdo
Station, Antarctica, is subject to specific
conditions. This proposed general
permit applies only to the ocean
dumping of man-made ice piers from
the NSF base at McMurdo Station,
Antarctica. Agents of the NSF are
included in the permit because
transportation for the purpose of
dumping an ice pier may be by vessels
which are not under the direct
ownership or operational control of the
NSF. Section 104(a) of the MPRSA
provides that permits shall be issued for
a period not to exceed seven years (33
U.S.C. 1414(a)); thus, the term of this
proposed permit is limited to seven
years from the date of issuance.
With the institution of new protective
measures, such as longer length hoses
for unloading petroleum products from
the annual supply tanker, and new
precautions taken in the handling and
return to bases outside of Antarctica of
used and contaminated chemicals,
solvents, and hazardous materials, the
chance of a spill or discharge of these
materials is low. There is considerable
vehicular traffic on the ice pier during
the austral summer season, and the
possibility of leaks or discharges from
these vehicles cannot be totally avoided.
However, the NSF has informed EPA
that vehicles are parked on the pier for
only brief periods of time, ranging from
a few minutes to less than an hour, and
that no vehicles are ever parked on the
pier overnight. Additionally, such small
discharges are typically contained
within the temporary gravel cover,
which is removed prior to ocean
disposal.
The proposed general permit
establishes several specific conditions
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
26723
that shall be met during the life of, and
prior to the dumping of, the ice pier. In
addition, it requires the NSF to report
by June 30 of every year to the Director
of the Oceans and Coastal Protection
Division, in EPA’s Office of Water, on
any spills, discharges, or clean-up
procedures on the ice pier, and on any
dumping of ice piers from McMurdo
Station that are conducted under this
general permit.
This general permit requires that the
NSF have an SPCC plan in place for the
ice pier. This plan must address
(specified in Item 1 in the permit):
(a) The unloading of petroleum
products from supply tankers to the
storage tanks at McMurdo Station;
(b) The unloading of drummed
chemicals, petroleum products, and
material from cargo freighters to supply
depots at McMurdo Station; and
(c) The loading of materials to
freighters that are destined to be
returned to bases outside of Antarctica.
The proposed permit requires that the
SPCC plan include methods to
minimize the accidental release or
discharge of any products to the ice
pier. In addition, the proposed general
permit requires that the following cleanup and reporting procedures must be
followed by NSF in the event of a spill
or discharge on the pier (specified in
Item 2 in the permit):
(a) All spills or discharges must be
cleaned up within two hours of the spill
or discharge, or as soon as possible
thereafter;
(b) If a spill or discharge occurs,
clean-up procedures must be completed
to a level below any visible evidence of
the spill or discharge;
(c) As part of normal permit
monitoring requirements, an official
record of the following information
shall be kept by NSF (specified in Item
3 in the permit):
(1) The date and time of all spills or
discharges, the location of the spill or
discharge, the approximate volume of
the spill or discharge, the clean-up
procedures employed, and the results of
those procedures;
(2) The number of wooden poles
remaining in the pier at the time of
release from McMurdo Station, and
their approximate length;
(3) The approximate length of the
steel cables remaining in the pier at the
time of its release;
(4) Any other non-ice substances
remaining on the pier at the time of its
release; and
(5) The date of detachment of the pier
from McMurdo Station, and the
geographic coordinates (latitude and
longitude) of the point of final release of
E:\FR\FM\09MYN1.SGM
09MYN1
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
26724
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices
the pier in McMurdo Sound or the
Antarctic Sea.
(d) A copy of this record shall be
submitted to the Director of the Oceans
and Coastal Protection Division, in the
Office of Water, at EPA Headquarters, by
June 30 of every year as part of the
annual reporting requirements.
The conditions specified in the
proposed permit are intended to protect
the Antarctic environment against
release of contaminants from the
McMurdo Station ice pier following its
ocean dumping and subsequent
disintegration and melting.
Furthermore, the NSF is directed, as
a condition of this permit, to utilize a
methodology to track any ice piers
released from McMurdo Station for a
period of one year from the date of
release of the pier (specified in Item 5(c)
of the permit). Such methodologies may
include the use of satellite-tracked
pingers placed on the ice pier, or any
other methodology that will allow data
to be collected on the course, speed, and
location of the released ice pier. The
results of these tracking efforts shall be
included in the reports that NSF is
required to submit to EPA. The period
of one year was chosen by EPA for
several reasons. First, batteries for
pinger-tracking operations beyond a
period of one year become considerably
heavier and bulkier (and a greater
source of pollution to the marine
environment when the ice pier
eventually disintegrates and melts); and
second, one year’s tracking
measurements should provide
substantial evidence about the
geographic track of ice piers during the
disintegration process. The NSF shall
submit tracking reports to EPA for all
releases of ice piers from McMurdo
Station under this permit. If tracking
results demonstrate that all ice piers
released have generally followed the
same geographic path and time of
disintegration for the one year following
release, EPA will consider whether
further tracking efforts and reports shall
be required from NSF in any future
issuances of this permit.
EPA received the tracking records
from NSF of the last release of an ice
pier from McMurdo Station. The pier
was released on February 14, 1999, and
travelled in a generally northern
direction into the Southern Ocean; it
was tracked until the pinger signal was
lost on December 7, 1999. However, the
ice pier only showed movement from
the time of its release until May 1, 1999;
from that time until December 7th, there
was no further travel of the pier, and it
is assumed it was frozen into the
Antarctic ice pack. The following table
provides information on the path of the
VerDate Mar<15>2010
15:23 May 06, 2011
Jkt 223001
ice pier from February 14 to May 1,
1999:
Date
February
14, 1999
February
28, 1999
March 15,
1999
March 30,
1999
April 10,
1999
April 20,
1999
May 1,
1999
Latitude
Longitude
77.75° S.
166.37° E.
76.92° S.
162.90° E.
75.43° S.
167.35° E.
73.48° S.
170.91° E.
70.77° S.
169.46° E.
70.53° S.
168.06° E.
70.38° S.
167.22° E.
Using a great circle distance
calculator, it can be determined that,
from the time of its release until the pier
was frozen into the ice pack, the ice pier
travelled a total distance of 526 statute
miles, or 457 nautical miles.
Considering that any contaminants
remaining on the surface of the pier are
expected to be extremely small, and that
the area over which the disintegration
and melting of the piers is immense
(and probably incalculable), the
potential for damage to the environment
from the ocean dumping of ice piers
from McMurdo Station, in Antarctica, is
minimal. In addition, the possibility of
entanglement of any large organisms in
suspended loops of cable from the
melting 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’’, in the January 7, 2003 notice.
Statutory and Executive Order Reviews
A. Paperwork Reduction Act
The Paperwork Reduction Act, 44
U.S.C. 3501 et seq., is intended to
minimize the reporting and recordkeeping 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. Since this proposed general
permit affects only a single Federal
agency’s record-keeping and reporting
requirements, it is not subject to the
requirements of the Paperwork
Reduction Act.
B. Endangered Species Act
The Endangered Species Act (ESA)
imposes duties on Federal agencies
regarding endangered species of fish,
wildlife, or plants and habitat of such
species that have been designated as
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
critical. Section 7(a)(2) of the ESA and
its implementing regulations (50 CFR
Part 402) require EPA to ensure, in
consultation with the Secretary of the
Interior or Commerce, that any action
authorized, funded, or carried out by
EPA in the United States or upon the
high seas, is not likely to jeopardize the
continued existence of any endangered
or threatened species, or adversely affect
their critical habitat.
In compliance with Section 7 of the
ESA, an endangered species list for the
affected area of ocean dumping of ice
piers from the NSF facility at McMurdo
Station in Antarctica was requested by
EPA and received from both the U. S.
Fish and Wildlife Service (USF&WS) of
the Department of the Interior, and the
National Marine Fisheries Service
(NMFS) of the U.S. Department of
Commerce. No endangered, threatened,
or candidate species are reported to
potentially occur in the affected area.
EPA has discussed this matter with
both the USF&WS and the NMFS
pursuant to Section 7 of the ESA, and
both agencies have agreed that the ocean
dumping of ice piers by the NSF or its
agents from McMurdo Station in
Antarctica will have no effect on
endangered or threatened species. EPA
will consider any comments offered by
either the USF&WS or the NMFS on this
issue before promulgating a final general
permit on the ocean dumping of ice
piers.
Dated: May 3, 2011.
Paul Cough,
Director, Oceans and Coastal Protection
Division.
Paul Cough,
Director, Oceans and Coastal Protection
Division.
EPA proposes to re-issue a general
permit for the NSF as follows:
Disposal of Ice Piers From McMurdo
Station, Antarctica
The U.S. National Science Foundation
and its agents are hereby granted a
general permit under Sections 102(a)
and 104(c) of the Marine Protection,
Research, and Sanctuaries Act, 33
U.S.C. 1412(a) and 1414(c), to transport
ice piers from McMurdo Station,
Antarctica, for the purpose of ocean
dumping, subject to the following
conditions:
(1) The NSF shall have a spill
prevention, control, and
countermeasures (SPCC) plan in place,
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
E:\FR\FM\09MYN1.SGM
09MYN1
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices
discharge of any of these materials to
the ice pier:
(a) Petroleum products unloaded from
supply tankers to storage tanks at
McMurdo Station;
(b) Drummed chemicals, petroleum
products, and all materials unloaded
from cargo freighters to supply depots at
McMurdo Station; and
(c) All materials loaded to freighters
destined to be returned to bases outside
Antarctica.
(2) If a spill or discharge occurs on an
ice pier, clean-up procedures must be
completed by NSF or its contractors to
a level below any visible evidence of the
spill or discharge. All spills or
discharges on an ice pier must be
cleaned up within two hours of the spill
or discharge, unless circumstances
prevent cleanup within that time frame.
In that event, the spill or discharge shall
be cleaned up as soon as possible
thereafter.
(3) As part of normal monitoring
requirements, a record of the following
information shall be kept by NSF:
(a) The date and time of all spills or
discharges, the location of the spill or
discharge, 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 those
procedures;
(b) The number of wooden poles
remaining in the pier at the time of its
release from McMurdo Station, and
their approximate length;
(c) The approximate length of the
steel cables remaining in the pier at the
time of its release from McMurdo
Station;
(d) Any other non-ice materials
remaining on the pier at the time of its
release from McMurdo Station; and
(e) The date of detachment of the pier
from McMurdo Station, and the
geographic coordinates (latitude and
longitude) of the point of final release of
the pier in McMurdo Sound or the
Antarctic Sea.
(4) The non-embedded ends of all
wooden utility poles or bollards shall be
cut off from the ice pier prior to
disposal, and shall not be disposed of in
the ocean.
(5) Prior to the ocean dumping of any
ice piers, the NSF shall take the
following actions:
(a) Other than the matter physically
embedded in the ice pier (such as the
ends of wooden light poles frozen in the
pier, and the strengthening steel cables),
all other objects (including the nonembedded portions of the wooden poles
used for lighting, power, or telephone
connections, and any removable cables,
equipment debris, or objects of
VerDate Mar<15>2010
15:23 May 06, 2011
Jkt 223001
anthropogenic origin), shall be removed
from the ice pier prior to dumping;
(b) The gravel non-slip surface of the
ice pier shall be removed to the
maximum extent possible, and shall be
stored on the mainland for subsequent
use during the next operating season;
and
(c) A methodology to track any ice
piers released from McMurdo Station
shall be established and utilized for a
period of one year from the date of
release of the ice pier. The results of
these tracking efforts shall be included
in the annual reports that the NSF is
required to submit to the Agency.
(6) The NSF shall submit a report by
June 30 of every year to the Director,
Oceans and Coastal Protection Division,
Office of Water, 1200 Pennsylvania
Avenue, N.W., Washington, DC 20460,
on:
(a) Any spills, discharges, or clean-up
procedures on the ice pier at McMurdo
Station;
(b) Any ocean dumping of ice piers
from McMurdo Station; and
(c) Any tracking efforts of ice piers
released from McMurdo Station under
this general permit, for the year
preceding the date of the annual report.
(7) For the purpose of this permit, the
term ‘‘ice pier(s)’’ means those manmade ice structures containing
embedded steel cable, wooden pole
ends, and any remaining gravel frozen
into the surface of the pier, that are
constructed at McMurdo Station,
Antarctica, for the purpose of offloading the annual provisions of fuel,
supplies, and materiel for use by NSF
activities in Antarctica, as well as for
the purpose of loading the previous
year’s accumulation of wastes, which
can be returned to the United States for
recycling and disposal.
(8) This permit shall be valid until
(month)(day), 2018.
[FR Doc. 2011–11211 Filed 5–6–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9303–3]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the City of South
Burlington, VT
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA is hereby granting a
waiver of the Buy American
requirements of ARRA Section 1605
SUMMARY:
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
26725
under the authority of Section
1605(b)(1) [inconsistent with the public
interest] to the City of South Burlington,
Vermont (‘‘City’’) for the installation of
two specific turbo aeration blower units
for the City’s Airport Parkway
Wastewater Treatment Plant Upgrade
project. This is a project specific waiver
and only applies to the use of the
specified products for the ARRA project
under construction. Any other ARRA
recipient that wishes to use the same
products must apply for a separate
waiver based on project specific
circumstances. The City was provided
written representations by the
manufacturer (K Turbo USA) during
2009 and early 2010 that the turbo
aeration blower units being supplied
would be substantially transformed in
the United States and would be in
compliance with the Buy American
provisions of ARRA. However, as a
result of a recent on-going criminal
investigation, the written
representations provided by the
manufacturer that the specified aeration
blowers units had undergone substantial
transformation in the United States have
been questioned. Based on the
information provided by the City, EPA
agrees with the City that, if the K–Turbo
units in question are determined to be
non-American made, requiring the
installation of domestically
manufactured turbo aeration blower
units will extend the time frame of the
project by approximately five months
due to the redesign, procurement,
submittal delivery, submittal review,
fabrication, delivery, and replacement of
the aeration blower installation at the
construction site. This delay is
inconsistent with the public interest,
and a waiver of the Buy American
provisions in these circumstances is
justified. The Regional Administrator is
making this determination based on the
review and recommendations of the
Municipal Assistance Unit. The
Assistant Administrator of the Office of
Administration and Resources
Management has concurred on this
decision to make an exception to the
requirements of Section 1605(a) of
ARRA. This action allows the
installation of the two specified turbo
aeration blower units that have already
been delivered to the construction site
as noted in the City’s March 31, 2011
request.
DATES: Effective Date: May 9, 2011.
FOR FURTHER INFORMATION CONTACT:
Katie Connors, Environmental Engineer,
(617) 918–1658, or, David Chin,
Environmental Engineer, (617) 918–
1764, Municipal Assistance Unit (CMU),
Office of Ecosystem Protection (OEP),
E:\FR\FM\09MYN1.SGM
09MYN1
Agencies
[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Notices]
[Pages 26721-26725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11211]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9302-9]
Re-Issuance of a General Permit to the National Science
Foundation for the Ocean Disposal of Man-Made Ice Piers From McMurdo
Station in Antarctica; Proposed Permit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA proposes to re-issue 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.
EPA does not propose changes to the content of the permit because ocean
disposal under the terms of the previous permit will continue to meet
the ocean disposal criteria.
DATES: Written comments on this proposed general permit will be
accepted until June 8, 2011. All comments must be received or
postmarked by midnight of June 8, 2011, or must be delivered by hand by
the close of business of that date to the address specified below.
ADDRESSES: This proposed permit is identified as Docket No. EPA-HQ-OW-
2011-0306. Submit your comments by one of the following methods:
Mail: Send an original and three copies of your comments and
enclosures (including references) to Water Docket, U.S. Environmental
Protection Agency, Mail Code: 2822-IT, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, Attention Docket No. EPA-HQ-OW-2011-0306.
Hand delivery: EPA Water Docket, EPA Docket Center, EPA West
Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460, Docket No. EPA-HQ-OW-2011-0306. Deliveries to the docket are
accepted only during their normal hours of operation: 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. For access to
docket materials, call: 202/566-2426, to schedule an appointment.
E- mail: ow-docket@epa.gov; Attention Docket No. EPA-HQ-OW-2011-
0306. To ensure that EPA can properly respond to comments,
[[Page 26722]]
commenters should cite the paragraph(s) or sections in the proposed
permit to which each comment refers. Commenters should use a separate
paragraph for each issue discussed, and must submit any references
cited in their comments. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment. Electronic files should avoid any form of
encryption and should be free of any defects or viruses.
FOR FURTHER INFORMATION CONTACT: Jonathan Amson, Senior Marine
Scientist, 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-
1276.
SUPPLEMENTARY INFORMATION: On February 14, 2003, EPA issued a general
permit to the National Science Foundation (NSF) for ocean disposal of
man-made ice piers from its base at McMurdo Station in Antarctica. This
ocean dumping permit had a term of seven years. It remains in effect
under the Administrative Procedure Act, 5 U.S.C. 558(c), after its
February 18, 2010 expiration because NSF applied for re-issuance prior
to expiration. The purpose of today's proposed general permit is to re-
issue the 2003 permit for another seven-year period. The re-issued
permit will allow the NSF to ocean dispose the ice pier currently in
use at McMurdo Station, which is at the end of its service life.
EPA proposes to re-issue the general permit under Sections 102(a)
and 104(c) of the Marine Protection, Research, and Sanctuaries Act
(MPRSA) to authorize the NSF to dispose of man-made ice piers in ocean
waters from McMurdo Station in Antarctica. The NSF is the entity 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 Station, at the geographic South Pole. McMurdo
Station is the largest of the three bases, and serves as the primary
logistics base for Antarctica. The great majority of personnel and
supplies destined for the three stations are unloaded at, and pass
through, McMurdo Station. To unload supplies, ships dock at an ice
pier. Man-made ice piers have a normal life span of three to five
years; the current ice pier, constructed in 1999, is over ten years
old, and is effectively at the end of its service life.
When an ice pier is at the end of its effective life, all
transportable equipment, materials, and debris are removed; the pier is
cast loose from its moorings at the base. It is then towed out to
McMurdo Sound for disposal, where it disintegrates naturally. Re-
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. This
proposed 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. It also
describes required clean-up actions that the NSF must comply with
before the disposal of any ice pier can take place.
A. Background on McMurdo Station Ice Pier
For background information on the McMurdo Station ice pier, the
reader is referred to the Federal Register notice of January 7, 2003
(68 FR 775-780), which is hereby incorporated by reference into this
notice. None of the stipulated facts of Section A (``Background on
McMurdo Station Ice Pier'') of the January 7, 2003, notice have changed
since its issuance on that date. The materials to be dumped (other than
the ice in the pier itself, which melts naturally) include materials
used in construction of the ice pier that cannot be removed prior to
disposal. As explained in the January 7, 2003, notice, construction of
an ice pier at McMurdo Station involves the following types and
approximate quantities of materials that are normally used: (a) 6,300 m
(21,000 ft) of one-inch steel cable; (b) 200 m (650 ft) of two-inch
steel pipe; (c) three or four chemically-untreated wooden utility poles
approximately one-foot in diameter, (d) several steel bollards; and (e)
4,200 cubic meters (5,000 cubic yards) of gravel, 2 cm or smaller in
size. When the pier has deteriorated to the point that it is no longer
capable of being used during the next operating season, the wooden
poles are cut off just above the surface of the ice, the steel bollards
are blasted loose and removed, the gravel is scraped off and stored for
use during the next operating season, all transportable equipment,
materials, and debris are removed, and the pier is separated from its
attachment at McMurdo Station at the end of the austral summer. It is
then towed by a ship into McMurdo Sound past the northern end of the
open channel in the ice, as close to the Ross Sea currents as possible.
The pier is cast loose in a direction to allow it to flow with the Ross
Sea currents, away from the open channel in the ice. The pier will then
float amidst the ice pack, where it mixes with the annual Antarctic sea
ice, and eventually disintegrates.
B. Statutory and Regulatory Background
1. Obligations Under United States Law
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 proposed towing of ice piers by the NSF from
McMurdo Station for disposal at sea constitutes transportation of
material for the purpose of dumping in ocean waters; thus, it is
subject to the requirements of the MPRSA. Ocean disposal of the
materials incorporated into the ice pier will have a minimal adverse
environmental impact, and represents comparatively small quantities of
non-recoverable, non-ice matter.
The NSF has completed a United States Antarctic Program (USAP)
Environmental Impact Statement (June 1980), a USAP Final Supplemental
Environmental Impact Statement (October 1991), and an Initial
Environmental Evaluation (May 1992). More recently, the NSF has 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, and are available for review at the Office of Polar
Programs of the NSF, 4201 Wilson Boulevard, Arlington, VA 22230. (For
further information, 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 the five documents in developing
this proposed re-issuance of the general permit for the NSF.
[[Page 26723]]
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. It designates Antarctica as a natural reserve,
devoted to peace and science, and sets forth basic principles as well
as detailed mandatory rules that are applicable to human activities in
Antarctica. It prohibits all activities relating to mineral resources
on the continent, except for scientific research. It commits
signatories (known as Parties) to the Protocol to complete
environmental impact assessment procedures for proposed activities,
both governmental and private. Among other things, it requires Parties
to protect Antarctic flora and fauna, and it imposes strict limitations
on disposal of wastes on the continent, as well as discharges of
pollutants in Antarctic waters.
Several sets of regulations exist that assist in the implementation
of the Protocol. These include: (a) NSF regulations regarding
environmental impact assessment of proposed Foundation 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).
EPA's proposal to re-issue a general permit under the MPRSA does
not conflict with obligations under the Protocol and any implementing
legislation. EPA has coordinated with other responsible authorities, as
appropriate, in EPA's consideration of the issuance of a general permit
under the MPRSA.
C. Potential Effects of Ice Pier Disposal
EPA's findings regarding (a) the fate of materials disposed in the
ocean, (b) the potential effects of ice pier disposal on organisms in
the polar marine environment, such as cetaceans (whales), pinnipeds
(seals), avian species, and endangered or threatened species, and (c)
environmental concerns associated with any operational discharges,
leaks, or spills that may have contaminated the surface of the ice pier
over the period of its existence are explained in Section C of the
January 7, 2003, notice, and have not changed, with one exception. That
exception is the updated spill prevention, control, and countermeasures
(SPCC) plan, which is described below.
EPA notes that the NSF has a SPCC plan for all the stations and
bases under NSF jurisdiction in Antarctica. That plan, initially
formulated in 1994, has been updated by NSF, and is titled: SPCC Plan
for McMurdo Station, McMurdo Sound, Antarctica; the final document is
dated January 7, 2010. The SPCC plan includes a section addressing fuel
storage and transfer systems for the ice pier at McMurdo Station. EPA
adopts the findings from the January 7, 2010, notice in its proposed
permit today.
D. Discussion
This new general permit that EPA proposes to re-issue to NSF and
its agents for the ocean dumping of man-made ice piers from NSF's
McMurdo Station, Antarctica, is subject to specific conditions. This
proposed general permit applies only to the ocean dumping of man-made
ice piers from the NSF base at McMurdo Station, Antarctica. Agents of
the NSF are included in the permit because transportation for the
purpose of dumping an ice pier may be by vessels which are not under
the direct ownership or operational control of the NSF. Section 104(a)
of the MPRSA provides that permits shall be issued for a period not to
exceed seven years (33 U.S.C. 1414(a)); thus, the term of this proposed
permit is limited to seven years from the date of issuance.
With the institution of new protective measures, such as longer
length hoses for unloading petroleum products from the annual supply
tanker, and new precautions taken in the handling and return to bases
outside of Antarctica of used and contaminated chemicals, solvents, and
hazardous materials, the chance of a spill or discharge of these
materials is low. There is considerable vehicular traffic on the ice
pier during the austral summer season, and the possibility of leaks or
discharges from these vehicles cannot be totally avoided. However, the
NSF has informed EPA that vehicles are parked on the pier for only
brief periods of time, ranging from a few minutes to less than an hour,
and that no vehicles are ever parked on the pier overnight.
Additionally, such small discharges are typically contained within the
temporary gravel cover, which is removed prior to ocean disposal.
The proposed general permit establishes several specific conditions
that shall be met during the life of, and prior to the dumping of, the
ice pier. In addition, it requires the NSF to report by June 30 of
every year to the Director of the Oceans and Coastal Protection
Division, in EPA's Office of Water, on any spills, discharges, or
clean-up procedures on the ice pier, and on any dumping of ice piers
from McMurdo Station that are conducted under this general permit.
This general permit requires that the NSF have an SPCC plan in
place for the ice pier. This plan must address (specified in Item 1 in
the permit):
(a) The unloading of petroleum products from supply tankers to the
storage tanks at McMurdo Station;
(b) The unloading of drummed chemicals, petroleum products, and
material from cargo freighters to supply depots at McMurdo Station; and
(c) The loading of materials to freighters that are destined to be
returned to bases outside of Antarctica.
The proposed permit requires that the SPCC plan include methods to
minimize the accidental release or discharge of any products to the ice
pier. In addition, the proposed general permit requires that the
following clean-up and reporting procedures must be followed by NSF in
the event of a spill or discharge on the pier (specified in Item 2 in
the permit):
(a) All spills or discharges must be cleaned up within two hours of
the spill or discharge, or as soon as possible thereafter;
(b) If a spill or discharge occurs, clean-up procedures must be
completed to a level below any visible evidence of the spill or
discharge;
(c) As part of normal permit monitoring requirements, an official
record of the following information shall be kept by NSF (specified in
Item 3 in the permit):
(1) The date and time of all spills or discharges, the location of
the spill or discharge, the approximate volume of the spill or
discharge, the clean-up procedures employed, and the results of those
procedures;
(2) The number of wooden poles remaining in the pier at the time of
release from McMurdo Station, and their approximate length;
(3) The approximate length of the steel cables remaining in the
pier at the time of its release;
(4) Any other non-ice substances remaining on the pier at the time
of its release; and
(5) The date of detachment of the pier from McMurdo Station, and
the geographic coordinates (latitude and longitude) of the point of
final release of
[[Page 26724]]
the pier in McMurdo Sound or the Antarctic Sea.
(d) A copy of this record shall be submitted to the Director of the
Oceans and Coastal Protection Division, in the Office of Water, at EPA
Headquarters, by June 30 of every year as part of the annual reporting
requirements.
The conditions specified in the proposed permit are intended to
protect the Antarctic environment against release of contaminants from
the McMurdo Station ice pier following its ocean dumping and subsequent
disintegration and melting.
Furthermore, the NSF is directed, as a condition of this permit, to
utilize a methodology to track any ice piers released from McMurdo
Station for a period of one year from the date of release of the pier
(specified in Item 5(c) of the permit). Such methodologies may include
the use of satellite-tracked pingers placed on the ice pier, or any
other methodology that will allow data to be collected on the course,
speed, and location of the released ice pier. The results of these
tracking efforts shall be included in the reports that NSF is required
to submit to EPA. The period of one year was chosen by EPA for several
reasons. First, batteries for pinger-tracking operations beyond a
period of one year become considerably heavier and bulkier (and a
greater source of pollution to the marine environment when the ice pier
eventually disintegrates and melts); and second, one year's tracking
measurements should provide substantial evidence about the geographic
track of ice piers during the disintegration process. The NSF shall
submit tracking reports to EPA for all releases of ice piers from
McMurdo Station under this permit. If tracking results demonstrate that
all ice piers released have generally followed the same geographic path
and time of disintegration for the one year following release, EPA will
consider whether further tracking efforts and reports shall be required
from NSF in any future issuances of this permit.
EPA received the tracking records from NSF of the last release of
an ice pier from McMurdo Station. The pier was released on February 14,
1999, and travelled in a generally northern direction into the Southern
Ocean; it was tracked until the pinger signal was lost on December 7,
1999. However, the ice pier only showed movement from the time of its
release until May 1, 1999; from that time until December 7th, there was
no further travel of the pier, and it is assumed it was frozen into the
Antarctic ice pack. The following table provides information on the
path of the ice pier from February 14 to May 1, 1999:
------------------------------------------------------------------------
Date Latitude Longitude
------------------------------------------------------------------------
February 14, 1999 77.75[deg] S. 166.37[deg] E.
February 28, 1999 76.92[deg] S. 162.90[deg] E.
March 15, 1999 75.43[deg] S. 167.35[deg] E.
March 30, 1999 73.48[deg] S. 170.91[deg] E.
April 10, 1999 70.77[deg] S. 169.46[deg] E.
April 20, 1999 70.53[deg] S. 168.06[deg] E.
May 1, 1999 70.38[deg] S. 167.22[deg] E.
------------------------------------------------------------------------
Using a great circle distance calculator, it can be determined
that, from the time of its release until the pier was frozen into the
ice pack, the ice pier travelled a total distance of 526 statute miles,
or 457 nautical miles.
Considering that any contaminants remaining on the surface of the
pier are expected to be extremely small, and that the area over which
the disintegration and melting of the piers is immense (and probably
incalculable), the potential for damage to the environment from the
ocean dumping of ice piers from McMurdo Station, in Antarctica, is
minimal. In addition, the possibility of entanglement of any large
organisms in suspended loops of cable from the melting 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'', in the
January 7, 2003 notice.
Statutory and Executive Order Reviews
A. Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to
minimize the reporting and record-keeping burden on the regulated
community, as well as to minimize the cost of Federal information
collection and dissemination. In general, the Act requires that
information requests and record-keeping requirements affecting ten or
more non-Federal respondents be approved by the Office of Management
and Budget. Since this proposed general permit affects only a single
Federal agency's record-keeping and reporting requirements, it is not
subject to the requirements of the Paperwork Reduction Act.
B. Endangered Species Act
The Endangered Species Act (ESA) imposes duties on Federal agencies
regarding endangered species of fish, wildlife, or plants and habitat
of such species that have been designated as critical. Section 7(a)(2)
of the ESA and its implementing regulations (50 CFR Part 402) require
EPA to ensure, in consultation with the Secretary of the Interior or
Commerce, that any action authorized, funded, or carried out by EPA in
the United States or upon the high seas, is not likely to jeopardize
the continued existence of any endangered or threatened species, or
adversely affect their critical habitat.
In compliance with Section 7 of the ESA, an endangered species list
for the affected area of ocean dumping of ice piers from the NSF
facility at McMurdo Station in Antarctica was requested by EPA and
received from both the U. S. Fish and Wildlife Service (USF&WS) of the
Department of the Interior, and the National Marine Fisheries Service
(NMFS) of the U.S. Department of Commerce. No endangered, threatened,
or candidate species are reported to potentially occur in the affected
area.
EPA has discussed this matter with both the USF&WS and the NMFS
pursuant to Section 7 of the ESA, and both agencies have agreed that
the ocean dumping of ice piers by the NSF or its agents from McMurdo
Station in Antarctica will have no effect on endangered or threatened
species. EPA will consider any comments offered by either the USF&WS or
the NMFS on this issue before promulgating a final general permit on
the ocean dumping of ice piers.
Dated: May 3, 2011.
Paul Cough,
Director, Oceans and Coastal Protection Division.
Paul Cough,
Director, Oceans and Coastal Protection Division.
EPA proposes to re-issue a general permit for the NSF as follows:
Disposal of Ice Piers From McMurdo Station, Antarctica
The U.S. National Science Foundation and its agents are hereby
granted a general permit under Sections 102(a) and 104(c) of the Marine
Protection, Research, and Sanctuaries Act, 33 U.S.C. 1412(a) and
1414(c), to transport ice piers from McMurdo Station, Antarctica, for
the purpose of ocean dumping, subject to the following conditions:
(1) The NSF shall have a spill prevention, control, and
countermeasures (SPCC) plan in place, 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
[[Page 26725]]
discharge of any of these materials to the ice pier:
(a) Petroleum products unloaded from supply tankers to storage
tanks at McMurdo Station;
(b) Drummed chemicals, petroleum products, and all materials
unloaded from cargo freighters to supply depots at McMurdo Station; and
(c) All materials loaded to freighters destined to be returned to
bases outside Antarctica.
(2) If a spill or discharge occurs on an ice pier, clean-up
procedures must be completed by NSF or its contractors to a level below
any visible evidence of the spill or discharge. All spills or
discharges on an ice pier must be cleaned up within two hours of the
spill or discharge, unless circumstances prevent cleanup within that
time frame. In that event, the spill or discharge shall be cleaned up
as soon as possible thereafter.
(3) As part of normal monitoring requirements, a record of the
following information shall be kept by NSF:
(a) The date and time of all spills or discharges, the location of
the spill or discharge, 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 those procedures;
(b) The number of wooden poles remaining in the pier at the time of
its release from McMurdo Station, and their approximate length;
(c) The approximate length of the steel cables remaining in the
pier at the time of its release from McMurdo Station;
(d) Any other non-ice materials remaining on the pier at the time
of its release from McMurdo Station; and
(e) The date of detachment of the pier from McMurdo Station, and
the geographic coordinates (latitude and longitude) of the point of
final release of the pier in McMurdo Sound or the Antarctic Sea.
(4) The non-embedded ends of all wooden utility poles or bollards
shall be cut off from the ice pier prior to disposal, and shall not be
disposed of in the ocean.
(5) Prior to the ocean dumping of any ice piers, the NSF shall take
the following actions:
(a) Other than the matter physically embedded in the ice pier (such
as the ends of wooden light poles frozen in the pier, and the
strengthening steel cables), all other objects (including the non-
embedded portions of the wooden poles used for lighting, power, or
telephone connections, and any removable cables, equipment debris, or
objects of anthropogenic origin), shall be removed from the ice pier
prior to dumping;
(b) The gravel non-slip surface of the ice pier shall be removed to
the maximum extent possible, and shall be stored on the mainland for
subsequent use during the next operating season; and
(c) A methodology to track any ice piers released from McMurdo
Station shall be established and utilized for a period of one year from
the date of release of the ice pier. The results of these tracking
efforts shall be included in the annual reports that the NSF is
required to submit to the Agency.
(6) The NSF shall submit a report by June 30 of every year to the
Director, Oceans and Coastal Protection Division, Office of Water, 1200
Pennsylvania Avenue, N.W., Washington, DC 20460, on:
(a) Any spills, discharges, or clean-up procedures on the ice pier
at McMurdo Station;
(b) Any ocean dumping of ice piers from McMurdo Station; and
(c) Any tracking efforts of ice piers released from McMurdo Station
under this general permit, for the year preceding the date of the
annual report.
(7) For the purpose of this permit, the term ``ice pier(s)'' means
those man-made ice structures containing embedded steel cable, wooden
pole ends, 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 provisions of fuel, supplies, and
materiel for use by NSF activities in Antarctica, as well as for the
purpose of loading the previous year's accumulation of wastes, which
can be returned to the United States for recycling and disposal.
(8) This permit shall be valid until (month)(day), 2018.
[FR Doc. 2011-11211 Filed 5-6-11; 8:45 am]
BILLING CODE 6560-50-P