Notice2021-26473
Re-Issuance of a General Permit to the National Science Foundation for the Ocean Disposal of Man-Made Ice Piers From Its Station at McMurdo Sound in Antarctica
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 7, 2021
Effective
January 6, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Environmental Protection Agency (EPA) is re-issuing a general permit under the Marine Protection, Research, and Sanctuaries Act (MPRSA) authorizing the National Science Foundation (NSF) to dispose of ice piers in ocean waters. The permit conditions are substantively the same as those established in the permit issued on April 22, 2014. Permit re-issuance is necessary because the current permit has expired.
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[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69242-69247]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26473]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2013-0262; FRL-8912-02--OW]
Re-Issuance of a General Permit to the National Science
Foundation for the Ocean Disposal of Man-Made Ice Piers From Its
Station at McMurdo Sound in Antarctica
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; final permit.
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SUMMARY: Environmental Protection Agency (EPA) is re-issuing a general
permit under the Marine Protection, Research, and Sanctuaries Act
(MPRSA) authorizing the National Science Foundation (NSF) to dispose of
ice piers in ocean waters. The permit conditions are substantively the
same as those established in the permit issued on April 22, 2014.
Permit re-issuance is necessary because the current permit has expired.
DATES: This general permit is effective January 6, 2022.
ADDRESSES: This final permit is identified as Docket No. EPA-HQ-OW-
2013-0262.
The record is closed but available for inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Out of an abundance of caution for members of the
public and our staff, the EPA Docket Center and Reading Room are closed
to the public, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone, and webform. For further
information on EPA Docket Center services and the current status,
please visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Betsy Valente, Physical Scientist,
Freshwater and Marine Regulatory Branch, Oceans, Wetlands, and
Communities Division (4504T), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone (202) 564-
9895; email address: <a href="/cdn-cgi/l/email-protection#5721363b3239233279353223242e1732273679303821"><span class="__cf_email__" data-cfemail="691f08050c071d0c470b0c1d1a10290c1908470e061f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: EPA has issued three MPRSA permits to NSF
for the ocean disposal of man-made ice piers from its station at
McMurdo Sound in Antarctica: An emergency permit issued on February 1,
1999; a general permit published in the Federal Register on February
14, 2003 (68 FR 7536); and a general permit published in the Federal
Register on April 22, 2014 (79 FR 22488).
[[Page 69243]]
MPRSA section 104(a) provides that permits shall be issued for a
period not to exceed seven years, 33 U.S.C. 1414(a). This general
permit published in the Federal Register on April 22, 2014, has
expired, but it remains in effect under the Administrative Procedure
Act, 5 U.S.C. 558(c) because NSF filed a timely and sufficient
application for renewal prior to expiration. EPA published a notice
proposing re-issuance of a general permit on April 28, 2021 (86 FR
22408). Today's action by the EPA finalizes the provisions of the
general permit and authorizes NSF to ocean dispose of man-made ice
piers from McMurdo Station in Antarctica for a seven-year period. This
general permit is re-issued under sections 102(a) and 104(c) of the
MPRSA.
NSF is the agency of the United States Government responsible for
oversight of the United States Antarctic Program. NSF currently
operates three major stations in Antarctica: McMurdo Station on Ross
Island, adjacent to McMurdo Sound; Palmer Station, near the western
terminus of the Antarctic Peninsula; and Amundsen-Scott South Pole
Station, at the geographic South Pole. McMurdo Station is the largest
of the three stations and serves as the primary logistics site for
operations at McMurdo and South Pole Stations, with the great majority
of supplies arriving here via vessel. To unload supplies, ships dock at
a man-made ice pier.
The service life of past man-made ice piers has ranged from one to
ten years. NSF constructed the current ice pier in 2021. Prior to the
current pier, the three most recently constructed ice piers averaged
two years of use before disposal in ocean waters. The permit allows NSF
to ocean dispose of ice piers at the end of their service life,
including the pier currently in use and any additional ice piers
constructed at McMurdo Station. Eight is the maximum number of man-made
ice piers estimated for ocean disposal during the seven-year effective
period of the permit; however, NSF anticipates that four or fewer piers
will need to be ocean disposed during this period.
When an ice pier is at the end of its effective life, all
structures, operational equipment and materials, debris, and any
objects of anthropogenic origin are removed from the surface of the
pier to the safest extent possible. The pier then is cast loose from
its moorings at the base and is either allowed to drift with the wind
and current or towed to McMurdo Sound for ocean disposal, where it
would float freely within the ice pack, mix with the annual sea ice,
and eventually disintegrate naturally with any remaining internal pipes
or cables eventually dropping out and falling to the seafloor. This
general permit is necessary because ice piers must be released from
shore and transported to sea for disposal at the end of their effective
life. While it is preferable to tow these ice piers out to sea for
disposal before releasing them to ensure they do not lodge on shore
near McMurdo Station, which this general permit authorizes, this is not
often possible due to the lack of availability of an appropriate towing
vessel. Thus, many past ice piers have been merely released directly
from shore and been allowed to float freely with the wind and current.
This general permit is intended to protect the marine environment by
setting forth specific permit terms and conditions, including operating
conditions that occur over the life of the pier and required clean-up
actions prior to disposal, with which NSF would need to comply in
advance of any ice pier disposal. The majority of permit terms involve
activities that occur in advance of any anticipated disposal of the ice
pier, regardless of the method of release to ocean waters.
A. Background on McMurdo Station Ice Pier
NSF constructs ice piers during the austral winter, beginning when
the frozen pack ice in McMurdo Sound reaches a thickness of
approximately three feet. First, a berm of snow is created on the ice
pack to define the perimeter of what will become the ice pier. Heavy-
duty pumps are used to flood the bermed area with approximately four
inches of seawater. The water freezes in about 24 to 48 hours. The
process is repeated, each time creating another four-inch layer until
the ice reaches a total thickness of approximately five to seven feet.
At this stage, holes are drilled in the ice and sections of eight-inch
diameter steel pipe are inserted vertically into the holes. One-inch
steel cable is woven around the steel pipes; this cable is used to keep
the pier ``strung together'' should cracks occur, rather than to
provide structural strength. The entire aforementioned process is
repeated; approximately five to seven feet of ice is added on the first
layer, a second layer of cable is added, and approximately five to
seven feet of ice is added on top of that. The final target thickness
of the pier is a maximum of 20 feet. Throughout construction, at
intervals dictated by environmental conditions, cuts are made around
the edge of the pier to separate it from the surrounding ice. This can
be done using trenching equipment or a drill.
Several steel pipe sections are frozen around the proximal edge of
the pier to attach the pier to the mainland via cables and to serve as
bollards to moor vessels. Following completion of the ice portion of
the pier, a six- to eight-inch layer of one-inch locally-sourced gravel
is applied to the surface of the pier to insulate the structure during
the warmest part of the year and to provide a non-slip working surface.
A tracking device is also placed on the ice pier during this process.
At the end of each austral summer season, the gravel is removed and
stored for use the following season.
A typical ice pier measures 550 feet (168 meters) long, 250 feet
(76 meters) wide, and 20 feet (6 meters) in thickness. Ice piers are
generally constructed using (1) 13,000 feet (3,962 meters) of one-inch
steel cable; (2) 150 feet (46 meters) of eight-inch steel pipe; (3) 150
feet of 12-inch steel pipe; and (4) 4,000 cubic yards of one-inch or
smaller gravel.
On occasion, cracks develop in the ice pier and must be repaired to
ensure that the pier is safe for use. One repair method uses additional
steel pipe and cable to ``suture'' the surface of the pier. A second
method uses passive thermosyphons (a device that transfers heat via
natural convection in a fluid, known programmatically as a ``freeze
cell'') to repair cracks in the ice pier. In 1998, thermosyphons filled
with food grade glycol were used on an experimental basis to stimulate
ice growth to repair cracks in the ice pier. The cells stimulated
adequate ice growth and were removed with no impact to the environment.
Because the technique has proven to be successful, thermosyphons may be
used when cracks develop that require additional ice growth to effect
repair. Thermosyphons are constructed of approximately 40-foot lengths
of 3.5-inch diameter steel pipe filled with glycol and are placed into
holes drilled into an ice pier. Approximately half of the pipe's length
is embedded in the ice while the remaining half is exposed above the
surface. Thermosyphons are fully removed once the repairs are
completed.
Spills of materials such as food grade glycol, hydraulic fluid,
oil, and diesel fuel may occur on an ice pier. All spills are
thoroughly reported, documented and cleaned up to the extent
practicable; however, some spilled material may penetrate the ice and
full recovery would damage the pier to the point that it may become
unusable. Locations of spills on the ice pier are marked and mapped.
Before a pier is transported and disposed at sea, NSF recovers any
[[Page 69244]]
residual spilled material to the extent possible. Since 2011 there have
been 16 small spills, eight of which related to the use of
thermosyphons. NSF has since reviewed and revised its procedures for
the installation and removal of thermosyphons to minimize the
possibility of further spills associated with this activity.
The other eight spills on an ice pier were primarily the result of
mechanical equipment failures due to the extreme environmental
conditions (e.g., failed hydraulic line). Spill amounts since 2011
ranged from 0.25 to 9 gallons.
The effective lifespan of previous man-made ice piers has ranged
from one to ten years and was highly dependent on regional
environmental conditions in the years following construction. Wave
action or contact with vessels may cause erosion of the seaward face of
an ice pier. Local meltwater drainage may erode parts of the mainland
side of an ice pier. Periods of unseasonably warm weather can also
decrease the lifespan of an ice pier. Factors such as stress cracking
and erosion can cause an ice pier to deteriorate and become unsafe for
use. In the period between the late 1970s through 2009, ocean current
and wave action reaching McMurdo Sound were lower compared to current
conditions due to more stable ice cover caused by the grounding of the
world's largest iceberg in the early 2000s. Since that time,
conditions, temperatures, and storminess have been more variable.
When an ice pier has deteriorated to the point that it is not
capable of being used the following year, it is prepared for disposal.
Prior to the disposal of an ice pier, all structures, operational
equipment and materials, debris, and any objects of anthropogenic
origin are removed from the surface of the pier to the safest extent
possible. Additionally, all steel pipes are cut at the ice surface and
removed from the pier leaving only the portion embedded in the ice.
Removal of steel pipes embedded in the ice is not technically feasible
and likely impossible. The gravel cover is removed to the maximum
extent possible and transported to the mainland for subsequent use or
storage. Like steel pipes, removal of gravel embedded in the ice is not
technically feasible. Due to the extreme Antarctic environment, and at
times unpredictable weather, the safety of personnel will always be
considered a higher priority than achieving maximum material removal.
Before a new ice pier can be constructed during the austral winter
(March through September), the existing ice pier in the same location
must first be ocean disposed. Ocean disposal of an ice pier typically
occurs following the annual delivery of fuel and supplies to McMurdo
Station at the end of the austral summer (approximately late February-
March) when there are 18 to 24 hours of daylight per day.
If possible, an ice pier may be towed from its location by vessel
(e.g., by a United States Coast Guard icebreaker) for ocean disposal in
McMurdo Sound. The chartered icebreaker is typically at McMurdo Station
for very limited periods (i.e., no more than one month), and it has
been rare for an icebreaker to be at the station when an ice pier needs
to be transported for ocean disposal. The last time an ice pier was
towed from McMurdo Station was 1990. An ice pier is more likely to be
freely released from its site of attachment at the shore in Winter
Quarters Bay when winds and tide conditions are favorable to move the
pier north out of McMurdo Sound. The pier is then carried north by
winds and tide to the Ross Sea gyre and may enter the Antarctic
Circumpolar Current which flows from west to east and carries the ice
pier away from the seasonal sea ice and along the coast of Antarctica.
This path has been well documented from the tracking device reporting,
as initially required under the 2003 general permit and since. The
tracking and reporting requirement is retained in this permit.
Occasionally, a large storm has broken an ice pier loose and caused the
unexpected release of a pier; in such cases, the piers either moved
along the same current paths or became frozen in McMurdo Sound.
Regardless of method of release, the disposal site is McMurdo Sound,
where the pier then floats freely within the ice pack, mix with the
annual sea ice, and eventually disintegrate due to wind or waves.
The materials dumped under this general permit (other than ice,
which melts naturally) include the remaining materials used in the
construction of the ice pier that cannot be removed prior to disposal,
and generally consist of: (1) 13,000 Feet of one-inch steel cable; (2)
150 feet of eight-inch steel pipe; and (3) 150 feet of 12-inch steel
pipe, all of which remain embedded in the ice because removal is
technically infeasible. Although the general permit generally requires
NSF to remove above-surface materials on the piers and to place a
tracking device on the pier prior to release, this is not always
possible due to safety concerns when conditions deteriorate rapidly;
the permit recognizes the need for disposal in emergency circumstances.
Over the past decade, the placement of materials on the ice pier has
been significantly reduced, decreasing the potential for materials to
enter the ocean if an unplanned release of the pier occurs. The
tracking devices are now secured on the pier and turned on before the
arrival of the ice breaker in case there is an event which causes the
pier to be inadvertently released. When offload operations are complete
and the pier is securely frozen in place for the winter, the tracking
device is turned off and removed from the pier for use in the following
year.
B. Statutory and Regulatory Background
1. Marine Protection, Research, and Sanctuaries (MPRSA)
Section 102(a) of the MPRSA, 33 U.S.C. 1412(a) requires that
agencies or instrumentalities of the United States obtain a permit to
transport any material from any location for the purpose of dumping
into ocean waters. NSF is an agency or instrumentality of the United
States. MPRSA section 104(c), 33 U.S.C. 1414(c), and EPA regulations at
40 CFR 220.3(a) authorize the issuance of a general permit under the
MPRSA for the dumping of materials which have a minimal adverse
environmental impact and are generally disposed of in small quantities.
The transportation of ice piers from McMurdo Station for disposal at
sea constitutes transportation of material for the purpose of dumping
in ocean waters, and thus is subject to the MPRSA. EPA has determined
that ocean disposal of the material associated with the ice piers is
likely to cause only a minimal adverse environmental effect and
represents comparatively small quantities of unrecoverable non-ice
materials. In the United States, the MPRSA implements the requirements
of the Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter of 1972, known as the London Convention.
2. Obligations Under International Law
The Antarctic Science, Tourism, and Conservation Act of 1996
amended the Antarctic Conservation Act of 1978. This law is designed to
implement the provisions of the Protocol on Environmental Protection to
the Antarctic Treaty (``the Protocol''). The United States Senate
ratified the Protocol on April 17, 1997, and it entered into force on
January 18, 1998. The Protocol builds on the Antarctic Treaty to extend
its effectiveness as a mechanism for ensuring protection of the
Antarctic environment. The Protocol designates Antarctica as a natural
reserve, devoted to peace and science, and sets forth basic principles
and detailed, mandatory rules applicable to
[[Page 69245]]
human activities in Antarctica. The Protocol prohibits all activities
relating to mineral resources in Antarctica, except for scientific
research, and commits signatories to the Protocol (known as Parties) to
environmental impact assessment procedures for proposed activities,
both governmental and private. Among other things, the Protocol also
requires Parties to protect Antarctic flora and fauna and imposes
strict limitations on disposal of wastes in Antarctica, and discharges
of pollutants into Antarctic waters.
Several sets of regulations implement the legislation that, in
turn, implements the Protocol, including: (a) NSF regulations regarding
environmental impact assessment of proposed NSF actions in Antarctica
(45 CFR part 641); (b) NSF waste regulations for Antarctica (45 CFR
part 671); and (c) EPA regulations regarding environmental impact
assessment of non-governmental activities in Antarctica (40 CFR part
8).
In this regard, EPA notes that NSF completed a United States
Antarctic Program (USAP) Environmental Impact Statement (June 1980), a
USAP Final Supplemental Environmental Impact Statement (October 1991),
and a Comprehensive Environmental Evaluation for Continuation and
Modernization of McMurdo Station Area Activities (August 2019)
Additional environmental impact assessments included an Initial
Environmental Evaluation (May 1992) and issued two Records of
Environmental Review: Installation of Freeze Cells in Ice Piers (1998)
and Use of Freeze Cells in Ice piers to Repair Cracks (2000). All these
documents address various aspects of the construction, operation, and
disposal of ice piers at McMurdo Station in Antarctica. The documents
are available for review through the EPA docket for this action and at
the Office of Polar Programs of NSF, 2515 Eisenhower Avenue,
Alexandria, VA 22314. (For further information from NSF, please contact
Polly Penhale, at 703-292-7420.) None of these documents identified any
potential environmental impacts from the disposal of ice piers, other
than the minor navigational hazard equivalent to that posed by an ice
floe or a small iceberg. The Agency considered the analyses contained
in these six documents in re-issuance of the general permit for NSF.
C. Potential Effects of Ice Pier Disposal
EPA's decision to authorize NSF's ocean disposal of ice piers under
this general permit is based on findings regarding three areas of the
ocean disposal of ice piers in ocean waters off the Antarctic: (1) The
fate of the materials disposed in the ocean, (2) the potential effects
of ice pier disposal on organisms in the polar marine environment,
large whales, seals, bird species, and (3) environmental concerns
associated with any operational discharges, leaks, or spills that may
have contaminated the surface of the pier.
The materials contained in the ice pier that cannot be removed
(approximately 13,000 feet of one-inch steel cable, 150 feet of eight-
inch steel pipe, and 150 feet of 12-inch steel pipe) will, eventually,
sink to the sea floor after the surrounding ice has disintegrated.
While the ice is slowly disintegrating into the Antarctic Sea or the
Southern Ocean, it is possible that loops of cable from partially
disintegrated layers of ice may hang temporarily from the floating
pier. However, considering the normal behavior and habits of whales,
seals, and sea birds, the disposal if ice piers under this permit are
not anticipated to effect any of these species; any effects on species
are extremely unlikely to occur.
In 1993 and again in 1994, NSF sampled the ice on the surface of
the pier to assess the potential for contamination from discharges of
gasoline and antifreeze. Contamination was detected in only one
location directly under two 55-gallon fuel drums. In response, NSF
issued a directive that all fuel drums shall be underlain with
secondary containment methods. Also, as one of the conditions of the
2003 permit, NSF developed and now implements a spill prevention,
control, and countermeasure (SPCC) plan for its station at McMurdo
Sound under NSF jurisdiction in Antarctica to reduce the potential for
adverse effects associated with any such spills. That plan, updated in
2017, is titled: Spill Prevention, Control, and Countermeasure (SPCC)
Plan, McMurdo Station, McMurdo Sound, Antarctica. The SPCC plan
includes a section addressing fuel storage and transfer systems for the
ice pier at McMurdo Station. With the implementation of new protective
measures in the updated 2017 plan, such as longer length hoses for
unloading petroleum products from the annual supply tanker and new
precautions taken in the handling and return to facilities outside
Antarctica of used or contaminated chemicals, solvents, and hazardous
materials, the risks of any spill or any discharge of these materials
is now lower than under the 2012 SPCC plan. There is considerable
vehicular traffic on the ice pier during the austral summer season, and
the possibility of engine block leaks or discharges from these vehicles
cannot be totally avoided. However, NSF has provided EPA reasonable
assurance that every effort to mitigate the risk of leakages or
discharges is being taken, including limits on the time that vehicles
are parked on the pier and that no vehicles are ever parked on the pier
overnight.
D. Discussion
Considering the information presented in the previous section, EPA
finds that the potential effects of this disposal are minimal and in
accordance with the statutory standards applicable to permit issuance
under the MPRSA.
This general permit re-issued to NSF and its agents for the ocean
disposal of man-made ice piers from the NSF station at McMurdo Sound,
Antarctica, is subject to nine specific conditions, outlined below,
applicable during the use and disposal of ice piers.
First, the general permit requires that NSF continue to maintain
and implement an SPCC plan, consistent with the requirements of 40 CFR
112.3, for man-made ice piers. The SPCC plan (and any update) shall
address procedures for loading and unloading the following materials,
and shall include methods to minimize the accidental release or
discharge of any of the following materials to an ice pier:
(1) Petroleum products unloaded from supply tankers to the storage
tanks at McMurdo Station;
(2) Drummed chemicals, petroleum products, and materials unloaded
from cargo freighters to supply depots at McMurdo Station; and
(3) Materials loaded to freighters destined to be returned to
facilities outside Antarctica.
(4) Material spilled as a result of thermosyphon use or related
activities.
Second, the general permit requires that if a spill or discharge
occurs on an ice pier, it must be completely cleaned so that no visible
evidence remains, unless 100% removal would result in greater
environmental risk or put the safety of personnel at risk. All spills
or discharges on an ice pier should be cleaned soon as possible.
Third, an official record of the following information shall be
kept by NSF:
(1) The date and time of all spills or discharges, the location of
the spill or discharge, a description of the material that was spilled
or discharged, the approximate volume of the spill or discharge, clean-
up procedures employed, the amount of gravel and/or ice removed, photos
of the spill sites before and after clean-up, if lighting
[[Page 69246]]
allows, and the results of clean-up procedures (e.g., estimate of
percentage of spill removed);
(2) The length of the steel cables and steel pipe used in
construction of the ice pier;
(3) The length of the steel cables and steel pipe remaining on the
ice pier at the time of its release;
(4) Any other materials remaining on the ice pier at the time of
its release; and
(5) The date of detachment of the ice pier from McMurdo Station, as
well as the geographic coordinates (latitude and longitude) of the
point of its release if the release occurs at a location other than
directly from shore at McMurdo Station.
Fourth, NSF shall place a tracking device on the pier prior to ship
operations each season.
The fifth condition refers to incidents where an ice pier may be
released from shore if NSF finds that rapid deterioration of a pier is
becoming a threat to human health and safety, or because anticipated
weather conditions (e.g., strong storms) are likely to break an ice
pier apart or break an ice pier loose from its moorings. Should this
unanticipated release be needed, an attempt shall be made to meet all
of the requirements described in the sixth condition below that can be
safely completed given the circumstances.
The sixth condition describes actions that shall be taken by NSF
prior to the towing of an ice pier to sea for ocean disposal or the
planned release from shore due to the absence of vessels capable of
towing. Actions to be taken by NSF include the following:
(1) Other than the matter embedded in the ice pier (i.e., the ends
of pipes frozen in the pier, and the strengthening cables), all other
objects (including the non-embedded portions of materials used for
maintaining a connection between the pier and the mainland and any
removable equipment, debris, or objects of anthropogenic origin), shall
be removed from the pier and shall not be disposed in the ocean.
(2) The gravel non-slip surface of the pier shall be removed to the
maximum extent practicable.
(3) Documentation including photographs, if lighting allows, of ice
pier clean-up and of the ice pier just prior to, during and after
release shall be developed.
(4) NSF shall use the tracking device required in condition 4 above
to track the ice piers disposed of under this permit for as long as the
device remains active. NSF shall include the tracking data from this
effort in the annual report that NSF is required to submit to EPA under
condition 7 below.
Seventh, NSF shall submit a report by June 30 of every year to the
Director of the Oceans, Wetlands, and Communities Division in EPA's
Office of Water. The report must identify:
(1) Any spills, discharges, or clean-up procedures on the ice pier
at McMurdo Station, including but not limited to:
a. Amount of surface gravel removed due to spills,
b. Description of removal of potentially contaminated ice layers,
c. Images, if lighting allows, documenting the spill sites before
and after clean-up, and
d. Copies of spill and clean-up records and other records.
(2) Detailed reports of all ice pier ocean disposals from McMurdo
Station for the year, including:
a. Detailed descriptions and photographs of release, and if towed,
the name and activity of the vessel associated with the disposal,
b. The time, date, and geographic coordinates (latitude and
longitude) of the point of release (if released from a location other
than directly from shore at McMurdo Station) in McMurdo Sound or the
Ross Sea and the tracking data as the ice pier moves on its trajectory
in the Southern Ocean,
c. Other reports and materials (e.g., documents, photos) generated
under permit,
d. Details of clean-up procedures,
e. Amounts of all materials remaining on the piers at the time of
release, and
f. Any tracking efforts of ice piers released from McMurdo Station
under this general permit for the year preceding the date of the annual
report.
(3) A current copy of the SPCC, if revised or updated since
previous submission.
The eighth and ninth conditions define the term ``ice pier'' and
explain that the permit shall be valid for seven years, as per the
MPRSA, respectively.
Any contaminants remaining on the surface of the piers after
release are expected to be minimal and insignificant. The area over
which the disintegration of the piers occurs is immense. Thus, the
dilution of contaminants in ocean waters should be adequate such that
the potential for damage to the environment from ocean disposal of any
McMurdo Station ice piers is minimal. In addition, the possibility of
entanglement of large organisms in suspended loops of cable from the
disintegrating ice piers has been determined by EPA to be very minimal.
(Further discussion of this issue can be found in ``C. Potential
Effects of Ice Pier Disposal,'' above.)
Finally, the re-issuance of this permit to NSF does not in any way
relieve NSF of meeting the United States' obligations under the
Antarctic Protocol, the Antarctic Conservation Act, or the implementing
regulations.
E. Responses to Comments Received
EPA received one comment during the public comment period. The
comment raised objections to the steel cable being allowed to remain in
the ice piers disposed at sea and suggested that the steel cable should
be reused or shipped back from Antarctica rather than disposed at sea.
EPA disagrees that these concerns warrant rejecting the permit re-
issuance application. The steel cable is an essential structural
component of ice piers needed to hold the pier together in the event of
cracking, to maintain the stability of the pier, and for safety, and
more importantly, the cable contained within the ice piers cannot be
safely removed at the end of the useful life of the ice pier. This
general permit is as protective of the environment as possible as it
requires the removal of all materials from the ice pier prior to
disposal except those which cannot be removed because they are embedded
(contained within) in the ice pier itself.
F. Statutory and Executive Order Reviews
Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is intended to
minimize the reporting and record-keeping burden on the regulated
community, as well as to minimize the cost of Federal information
collection and dissemination. In general, the Act requires that
information requests and record-keeping requirements affecting ten or
more non-Federal respondents be approved by the Office of Management
and Budget. Because this general permit affects only Federal agency
record-keeping and reporting requirements, it is not subject to the
requirements of the Paperwork Reduction Act.
Brian Frazer,
Director, Oceans, Wetlands, and Communities Division.
For the reasons stated above, EPA re-issues the general permit for
NSF as follows:
Disposal of Ice Piers From McMurdo Station, Antarctica
The United States National Science Foundation (NSF) and its agents
are hereby granted a general permit under sections 102(a) and 104(c) of
the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 1412(a)
and 1414(c), to transport ice piers from the McMurdo Sound, Antarctica,
research station for
[[Page 69247]]
the purpose of ocean dumping, subject to the following conditions:
(A) The NSF shall implement a spill prevention, control, and
countermeasure (SPCC) plan, consistent with the requirements of 40 CFR
112.3, for the McMurdo Station ice pier. The SPCC plan shall address
procedures for loading and unloading the following materials, and shall
include methods to minimize the accidental release or discharge of any
of the following materials to the ice pier:
(1) Petroleum products unloaded from supply tankers to the storage
tanks at McMurdo Station;
(2) Drummed chemicals, petroleum products, and materials unloaded
from cargo freighters to supply depots at McMurdo Station;
(3) Materials loaded to freighters destined to be returned to
facilities outside Antarctica; and
(4) Material spilled as a result of thermosyphon use or related
activities.
(B) If a spill or discharge occurs on an ice pier, it will be
completely cleaned up, such that no visible evidence remains, unless
100% removal would result in greater environmental risk or put the
safety of personnel at risk. All spills or discharges on an ice pier
should be cleaned up soon as possible.
(C) An up-to-date record of the following information shall be kept
by NSF:
(1) The date and time of all spills or discharges, the location of
the spill or discharge, a description of the material that was spilled
or discharged, the approximate volume of the spill or discharge,
cleanup procedures employed, the amount of gravel and/or ice removed,
photos of the spill sites before and after clean-up, if lighting
allows, and the results of the clean-up procedures (e.g., estimate of
percentage of spill removed);
(2) The length of the steel cables and steel pipe used in the
construction of the ice pier;
(3) The length of the steel cables and steel pipe remaining on the
ice pier at the time of its release;
(4) Any other materials remaining on the ice pier at the time of
its release; and
(5) The date of detachment of the ice pier from McMurdo Station and
the geographic coordinates (latitude and longitude) of the point of its
release if the release occurs at a location other than directly from
shore at McMurdo Station.
(D) NSF shall place a tracking device, as specified in paragraph
(F)(3), on the pier prior to ship operations each season.
(E) An ice pier may be released from shore if NSF finds that rapid
deterioration of a pier is becoming a threat to human health and safety
or because anticipated weather conditions (e.g., strong storms) are
likely to break an ice pier apart or break an ice pier loose from its
moorings. Should this unanticipated release be needed, an attempt shall
be made to meet all of the requirements described in paragraph F below
that can be safely completed given the circumstances.
(F) Prior to the towing of an ice pier to sea for ocean disposal or
the planned release from shore due to the absence of vessels capable of
towing, the following actions shall be taken by NSF:
(1) Other than the matter embedded in the ice pier (i.e., the ends
of pipe frozen in the pier, and the strengthening cables), all other
objects (including the non-embedded portions of materials used for
maintaining a connection between the pier and the mainland and any
removable equipment, debris, or objects of anthropogenic origin), shall
be removed from the pier and shall not be disposed in the ocean.
(2) The gravel non-slip surface of the pier shall be removed to the
maximum extent practicable.
(3) Documentation including photographs, if lighting allows, of ice
pier clean-up and of the ice pier just prior to, during and after
release shall be developed.
(4) NSF shall implement a methodology using the tracking device
placed on the ice pier under Section D above to track the ice piers
disposed of under this permit for as long as the device remains active.
NSF shall include the tracking data from this effort as well as any
visual observations taken regarding the trajectory of the ice pier in
the annual report that NSF is required to submit to EPA under paragraph
G below.
(G) NSF shall submit a report by June 30 of every year to the
Director of the Oceans, Wetlands and Communities Division, in EPA's
Office of Water, on
(1) any spills, discharges, or clean-up procedures on the ice pier
at McMurdo Station, including but not limited to:
a. Amount of surface gravel removed due to spills,
b. Description of removal of potentially contaminated ice layers,
c. Images, if lighting allows, documenting the spill sites before
and after clean-up, and
d. Copies of spill and cleanup records and other records as
developed under Section C above.
(2) Detailed reports of all ice pier ocean disposals from McMurdo
Station for the year, including:
a. Detailed descriptions and photographs of release of the ice pier
from shore including documentation about the circumstances that led to
release of the pier from shore and how the pier was released, and if
towed, the name and activity of the vessel associated with the
disposal,
b. The time, date, and geographic coordinates (latitude and
longitude) of the point of release (if released from a location other
than directly from shore at McMurdo Station) in McMurdo Sound or the
Ross Sea and the tracking data as the ice pier moves on its trajectory
in the Southern Ocean,
c. All reports/materials (e.g., documents, photos) generated under
paragraphs C, D, E, and F above,
d. Details of clean-up procedures,
e. Amounts of all materials remaining on the piers at the time of
release, and
f. Any tracking efforts of ice piers released from McMurdo Station
under this general permit for the year preceding the date of the annual
report.
(3) A current copy of the SPCC, if revised or updated since
previous submission.
(H) For the purpose of this permit, the term ``ice pier(s)'' means
those manmade ice structures containing embedded steel cable, and pipe,
and any remaining gravel frozen into the surface of the pier, that are
constructed at McMurdo Station, Antarctica, for the purpose of off-
loading the annual provision of material and supplies for McMurdo and
South Pole Stations and for loading the previous year's accumulation of
wastes, which are returned to the United States.
(I) This permit shall be valid for a period of seven years
beginning 30 days after the date of publication in the Federal
Register.
[FR Doc. 2021-26473 Filed 12-6-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 7, 2021.
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