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opportunity to submit comments in significant public interest in the holding accepted until February 6, 2003. All response to public notices nor do the of a public hearing, EPA may decide to comments must be received or state’s public notice procedures include hold such a hearing. postmarked by midnight of February 6, providing public notices by mail to all Dated: December 18, 2002. 2003, or must be delivered by hand by interested parties, as required by the Bharat Mathur, the close of business of that date to the regulations. In order to partially address address specified below. this concern, the state has implemented Acting Regional Administrator, Region 5. an internet based public notice system [FR Doc. 03–285 Filed 1–6–03; 8:45 am] ADDRESSES: This proposed permit is that makes all public notices available BILLING CODE 6560–50–P identified as Docket No. OW–2002– on the MDEQ website. EPA and MDEQ 0048. Please send an original and three will be discussing additional corrective copies of your comments and enclosures actions that need to be taken to ensure ENVIRONMENTAL PROTECTION (including references) to the ‘‘OW– that all interested persons receive timely AGENCY 2002–0048, Comment Clerk’’, Water public notices of projects requiring [FRL–7436–5] Docket (MC 4101T), U.S. Environmental CWA section 404 permits. Protection Agency, 1200 Pennsylvania As part of our review of MDEQ’s Issuance of a General Permit to the Avenue, NW., Washington, DC 20460. enforcement efforts, citizen complaint National Science Foundation for the Hand deliveries should be delivered to: files were reviewed in all of the MDEQ Ocean Disposal of Man-Made Ice Piers EPA Water Docket, 1301 Constitution district offices. Based on the annual From its Base at McMurdo Sound on Avenue, NW., Room B–135, reports prepared by MDEQ, an average Antarctica Washington, DC 20004. Electronic mail of 800 citizen complaints are comments will be accepted at the e-mail AGENCY: investigated each year. The program Environmental Protection address, [email protected], review found that district offices make Agency (EPA). and must be received by close of a concerted effort to address complaints. ACTION: Proposed permit. business of the date specified above. Generally, the review found complaints SUMMARY: EPA is today proposing to Electronic comments must be submitted were routinely followed with site issue a general permit under sections as an ASCII, WP 5.1, WP 6.1, or WP 8 inspections, which usually were made 102(a) and 104(c) of the Marine file, avoiding the use of special within two weeks of receipt of the Protection, Research, and Sanctuaries characters and any form of encryption. complaint. Act (MPRSA) to the National Science Electronic comments must be identified An opportunity for public Foundation (NSF) for the disposal at sea by Docket Number OW–2002–0048. participation in the State’s enforcement of man-made ice piers from its base at Comments and data will also be process is required by federal law, and McMurdo Sound on Antarctica. The accepted on discs in ASCII, WP 5.1, WP MDEQ has agreed to implement NSF is the agency of the United States 6.1, or WP 8 file format. Electronic procedures to comply with the Government responsible for oversight of comments on this notice may be filed requirements of 40 CFR 233.41(e)(2). the United States Antarctic Program. online at many Federal Depository This review concludes that MDEQ has Libraries. To ensure that the Agency can maintained a satisfactory enforcement The NSF currently operates three major bases in Antarctica: McMurdo Station read, understand, and therefore properly program. MDEQ has designed the respond to comments, commenters enforcement program to identify un- on Ross Island, adjacent to McMurdo Sound; Palmer Station, near the western should cite the paragraph(s) or sections permitted activities and initiates in the proposed permit to which each enforcement responses in a timely terminus of the Antarctic Peninsula; and Amundsen-Scott South Pole Station, at comment refers. Commenters should manner. Overall, Michigan’s use a separate paragraph for each issue enforcement program achieves the geographic South Pole. McMurdo Station is the largest of the three discussed. Commenters should submit appropriate injunctive relief through any references cited in their comments. wetlands restoration and wetland stations, and serves as the primary logistics base for Antarctica. In order to Commenters who want the Agency to mitigation and obtains adequate acknowledge receipt of their comments penalties. The review of MDEQ’s use of unload supplies at McMurdo Station, ships dock at an ice pier at McMurdo should include a self-addressed, administrative consent agreements stamped envelope. No comments found that the agreements effectively Station; this man-made pier has a normal life span of three to five years. submitted by facsimile transmission resolved the violations at issue and (fax) will be accepted. The record for resulted in additional environmental At the end of its useful life, all transportable equipment, materials, and this proposed permit has been restoration and conservation of wetland. established, as noted above, as Docket Although there is no legal debris are removed, the pier is cast loose No. OW–2002–0048, and includes requirement that EPA receive public from its moorings at the base and towed printed, paper versions of electronic comment regarding the preliminary out to McMurdo Sound for disposal, comments. The record is available for determinations of its informal review of where it melts naturally. Issuance of this inspection from 9 a.m. to 4 p.m., Michigan’s section 404 program, EPA general permit is necessary because the Monday through Friday, excluding legal has decided to accept such public pier must be towed out to sea for holidays, at the Water Docket, 1301 comments for a period of sixty (60) days disposal at the end of its useful life. Constitution Avenue, NW., Room B– from the publication date of this notice. This proposed general permit is 135, Washington, DC 20004. For access EPA seeks public comment on its intended to protect the marine to docket materials, call (202) 566–2426, preliminary determination that formal environment by setting forth specific to schedule an appointment. withdrawal proceedings not be permit terms and conditions, including commenced, as well as EPA’s detailed operating conditions during use of the FOR FURTHER INFORMATION CONTACT: findings regarding MDEQ’s pier and clean-up, with which the NSF David Redford, Chief, Marine Pollution administration of the permitting and must comply before the disposal of such Control Branch, Oceans and Coastal enforcement program and the adequacy ice piers would take place. Protection Division (4504T), U.S. of Michigan’s legal authorities. If public DATES: Written comments on this Environmental Protection Agency, 1200 comments received by EPA indicate proposed general permit will be Pennsylvania Avenue, N.W.,

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Washington, DC, 20460; telephone (202) thick, is constructed during the winter At the end of each austral summer 566–1288. season in the following manner. season, the pier is inspected, and as SUPPLEMENTARY INFORMATION: Construction begins when the frozen much of the gravel non-slip surface as ice pack in McMurdo Sound reaches possible is removed and stored for use A. Background on McMurdo Station Ice approximately 0.6 m (2 ft) in thickness. the following season. If the pier is to be Pier Snow is bermed to a depth of about 0.6 reused the next year, it is flooded with The NSF was established as an m (2 ft) on the ice pack, at the perimeter seawater during the winter to create a independent agency of the Executive of what will be the ice pier. Heavy-duty new surface for the following summer Branch of the government in 1950. pumps are then used to flood the ice season. The pier has a normal viable life Following the International Geophysical pack inside the bermed snow with about of three to five years; after that period, Year in 1957–1958, President 10 cm (4 in) of seawater. This water factors such as stress cracking and Eisenhower decided that the NSF freezes solid in about 24 hours, when erosion no longer allow the pier to be should have full responsibility for the the process is repeated with another 10 used. The erosion of the seaward face of formulation, coordination, and cm of seawater. This process is repeated the ice pier is caused by such factors as management of the United States until the ice thickness of the pier wave action, contact of vessels with the Antarctic Program (USAP). The NSF reaches approximately 1.5 m (5 ft). pier face, and the discharge of coolant currently operates three major bases in When that thickness of the pier is water from ships docked at the pier. Antarctica: McMurdo Station on Ross achieved, several holes are drilled in the When the pier has deteriorated to the Island, adjacent to McMurdo Sound; ice near the periphery of the ice pier, point that it is not capable of being used Palmer Station, near the western and lengths of 2″ steel pipe are inserted the following season, the wooden poles terminus of the Antarctic Peninsula; and vertically into the holes. The space are cut off just above the surface of the Amundsen-Scott South Pole Station, at surrounding the pipe-ice interface is ice, the gravel is scraped off for use in the geographic South Pole. flooded with water and allowed to the following season, all transportable McMurdo Station, which is located on freeze, fixing the pipes in the ice pier. equipment, materials, and debris are the southern tip of Hut Point Peninsula Approximately 2,100 m (6,900 ft) of 1″ removed, and the pier is physically on Ross Island, is the largest of the three steel cable is then woven around the separated from its attachment to stations. This station is the logistics hub steel pipes frozen in the ice, providing McMurdo Base at the end of the austral of the USAP, with a harbor, landing a horizontal reinforcement mat for the summer. It is then towed by a U.S. Coast strips on both sea ice and shelf ice, and first layer of the ice pier. Guard cutter into McMurdo Sound past a helicopter pad. The majority of The entire process is repeated three the distal end of the open channel in the personnel and supplies destined for more times, until the ice pier is ice, as near to the Ross Sea currents as bases and field camps on Antarctica approximately 6.7 m (22 ft) thick. possible. The pier is set free in a pass through McMurdo Station. However, the horizontal mat of steel The approximately 85 buildings at the direction that will allow it to flow with cables is not employed in the last Station range in size from a small radio the Ross Sea currents, away from the repetition of the process; thus, there are shack to large three-story structures. open channel in the ice. The pier then three layers of cable reinforcement in This year-round facility has a peak floats free amidst the ice pack, where it the completed ice pier. When the final summer population of approximately mixes with the annual sea ice, and 1150 persons, and a winter population layer is created and the pier is eventually disintegrates. of 150 to 200. McMurdo Station is the approximately 6.7 m (22 ft) thick, three Complete information is not available most southerly port in the world that is or four wooden utility poles are on the time required for melting and accessible by ship. vertically embedded approximately four disintegration of an ice pier, or on the For most of the year, McMurdo feet deep in the ice pier to provide path an ice pier takes after its release. Station is closed in by sea ice. However, support for electrical cables for lighting, NSF scientists have estimated, however, in early January, a U.S. Coast Guard power for equipment, and telephone that melting and disintegration will take icebreaker opens a channel to the harbor service to structures on the pier. These place over several years, and that ice at McMurdo Station, allowing a fuel poles consist of natural, chemically- piers will drift from their release point tanker and a supply vessel to replenish untreated wood. In addition, just before in McMurdo Sound, into the Antarctic the station. The tanker normally arrives the pier is completed, several shorter Sea, and eventually into the Southern in mid-January to unload AN–8 fuel (JP– utility poles are frozen into the proximal Ocean, where they will presumably float 8 fuel with an icing inhibitor added), edge of the pier, to serve as bollards, to with the currents of the Southern and unleaded gasoline. The AN–8 fuel attach the pier to the mainland at Ocean. These estimates are supported is the primary fuel for power generation, McMurdo. When the construction of the by tracking data collected on an ice pier heating sources, and aircraft; the ice portion of the pier is completed, a disposed by NSF in February 1999 gasoline is used for small portable 15–20 cm (6–8 in) thick layer of 2 cm under an emergency permit. One equipment. In early February, the (3⁄4 in) or smaller gravel is applied to condition of that permit was that the resupply vessel arrives and off-loads the cover the surface of the pier, to provide pier be tracked by the use of emplaced annual provision of supplies for a non-slip working surface. pingers for a period of one year. McMurdo Station and other U.S. In summary, the following types and Tracking records indicated that the pier Antarctic bases. After unloading its approximate quantities of materials traveled approximately 600 miles in a cargo, the supply vessel is backloaded would normally be used in the generally northerly direction into the with the previous year’s accumulation construction of an ice pier at McMurdo Southern Ocean during the first six of wastes, which are returned to the Sound Station: months, when it then became locked in United States for disposal and recycling. —1″ steel cable: 6,300 m (21,000 ft). ice. No further movement of the ice pier To permit the various vessels to dock —2″ steel pipe: 200 m (650 ft). was detected in the second six months and unload at McMurdo Station, —Wooden utility poles: 3 or 4, plus of the year-long tracking period. These construction of an ice pier is necessary. several bollards. tracking results confirm what NSF staff This ice pier, which is approximately —2 cm or smaller gravel: 4,200 m3 believed would happen to any released 800 feet long, 300 feet wide, and 22 feet (5,000 yd 3). ice piers.

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B. Statutory and Regulatory Several sets of regulations exist that unless they fall into very deep anaerobic Background will assist in implementation of the waters, where they would not dissolve. Protocol. These include NSF regulations Because there are approximately 1. Marine Protection, Research, and regarding environmental impact 2,100 m (6,900 ft) of cable frozen in each Sanctuaries Act (MPRSA) assessment of proposed Foundation of the three layers of the ice pier, it is Section 102(a) of the MPRSA, 33 actions in Antarctica (45 CFR part 641), possible that during the melting process U.S.C. 1412(a), requires that agencies or NSF waste regulations for Antarctica (45 there may be loops of cable suspended instrumentalities of the United States CFR part 671), and EPA regulations from the bottom of the ice pier. These obtain a permit to transport any material regarding environmental impact loops will remain for brief periods of from any location for the purpose of assessment of non-governmental time before the cable in each layer is dumping into ocean waters. Section activities in Antarctica (40 CFR part 8). released from the bottom of the pier due 104(c) of the MPRSA, 33 U.S.C. 1414(c), EPA wishes to clarify that its proposal to melting. The entire length of 2,100 m and EPA regulations at 40 CFR 220.3(a) to issue a general permit under the (6,900 ft) of cable would then descend authorize the issuance of a general MPRSA does not indicate whether the rapidly to the ocean floor. permit under the MPRSA for the proposed activity is in compliance with The Agency has considered the dumping of materials which have a other relevant obligations under the possibility of these loops of cable minimal adverse environmental impact, Protocol and implementing legislation. entangling organisms in the marine and are generally disposed of in small Accordingly, the responsible United environment. The only animals that quantities. General permits currently States authority must make separate could potentially become entangled in exist for burial at sea for both cremated determinations with respect to other the suspended loops of cable are large and non-cremated human remains, for relevant obligations, and the Agency whales of the Antarctic Sea or the Southern Ocean. However, these vessels used by the United States Navy will coordinate with the responsible animals are known to have for the purposes of target practice and authority, as appropriate, in the sophisticated natural sonar (sound testing ordnance, and for vessels Agency’s consideration of the issuance navigation and ranging) systems, are transported for the purpose of disposal. of a general permit under the MPRSA. able to detect and precisely identify The proposed towing of ice piers by In this regard, the Agency notes that objects at considerable distances with the NSF from McMurdo Station for the NSF has completed a USAP Final those systems, and normally will avoid disposal at sea constitutes Environmental Impact Statement (June large objects such as icebergs. In transportation of material for the 1980), a USAP Final Supplemental addition, because in excess of 80 purpose of dumping in ocean waters, so Environmental Impact Statement percent of icebergs (and the ice pier) is it is subject to the MPRSA. The NSF has (October 1991), and an Initial submerged beneath the surface, there is requested the issuance of a general Environmental Evaluation (May 1992), no reason to believe any cetaceans will ocean dumping permit for its ice piers. all of which address in some aspects the approach an ice pier, by either coming construction, operation, and disposal of 2. Obligations Under International Law near it on the surface to breathe, or by ice piers at McMurdo Station in swimming beneath it. Thus, the On October 2, 1996, President Clinton Antarctica. All of these documents are possibility of entanglement of large signed into law the Antarctic Science, available for review at the Office of animals by suspended loops of cable Tourism, and Conservation Act of 1996, Polar Programs of the NSF, 4201 Wilson from the ice pier is regarded as very amending the Antarctic Conservation Boulevard, Arlington, VA 22230 minimal. Act of 1978. This law is designed to (Contact: Joyce Jatko, telephone: (703) Additionally, the Agency and the NSF implement the provisions of the 292–8030). The documents did not have discussed the possibility of seals Protocol on Environmental Protection to identify any potential environmental becoming ensnared in any loops of cable the Antarctic Treaty (‘‘the Protocol’’). impacts from the disposal of ice piers, hanging from the ice pier. Although The Protocol was signed by the U.S. on other than the minor navigational seals are known to routinely haul out on October 4, 1991, ratified on April 17, hazard that would be equivalent to that ice floes to rest and to breed, EPA does 1997, and entered into force on January posed by an ice floe or a small iceberg. not believe there is any danger from any 18, 1998. The Protocol builds on the The Agency considered the analyses cables embedded in the edges of the ice Antarctic Treaty to extend its contained in the three documents cited pier to Antarctic seal populations in effectiveness as a mechanism for above in developing this proposed their passage from the ocean to the ice ensuring protection of the Antarctic general permit. surface, because any loops of cable will environment. It designates Antarctica as C. Potential Effects of Ice Pier Disposal be visible and easily avoided. a natural reserve, devoted to peace and There is no danger to any marine science, and sets forth basic principles Because the natural creation and avian species from the release of the ice and detailed, mandatory rules disintegration of icebergs occurs piers. Penguins, if they are in the area, applicable to human activities in constantly in the Antarctic can easily hop onto, and off, the edge of Antarctica. It prohibits all activities environment, the primary ice the ice pier, if necessary. Further, there relating to mineral resources in component of the NSF piers is not of is no permanent penguin population in Antarctica, except for scientific environmental concern. However, the the area of McMurdo Station on a year- research. It commits signatories to the ice piers also contain approximately round basis. Any penguins in the area Protocol (known as Parties) to 21,000 feet of 1″ steel cable and 650 feet arrive at their usual breeding rookeries environmental impact assessment of 2″ steel pipe between the ice layers, in late October of each year. Their eggs procedures for proposed activities, both that eventually will fall, as the pier are hatched in November, the chicks are governmental and private. Among other disintegrates, to the bottom of McMurdo fledged no later than late December of things, it also requires Parties to protect Sound, the Antarctic Sea, or the each year, and all penguins, except for Antarctic flora and fauna, and imposes Southern Ocean. The steel cable and a very few stragglers, are gone from the strict limitations on disposal of wastes pipe will sink permanently to the McMurdo Station area by late January in Antarctica, and discharges of bottom, and over considerable time, will every year. On those years when the ice pollutants into Antarctic waters. dissolve through oxidative processes, pier must be cut loose, the detachment

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from McMurdo Station occurs in late ice samples taken from the ice pier at analysis, which identifies a narrower February. Thus, there are no penguins McMurdo Station. The samples were range of analytes than the broader TEH in the area at that time, since the birds collected in the following manner. The analytical procedure, was used because will have already gone out to sea again. central portion of the pier was first previous analyses demonstrated that Further, both the National Marine divided into 21 equal area quadrats, only analytes from the narrower range Fisheries Service and the Fish and each approximately 100′ × 100′. The are present. TPH has a detection limit of Wildlife Service have agreed that the center of each plot was then identified, 10 mg/kg; for all samples except one, disposal of ice piers from McMurdo and four additional sample locations TPH was undetected. That single Station will not have any effect on were identified in an equidistant ‘‘X’’ sample had a TPH concentration of 50 endangered or threatened species, nor is pattern from the center sample point. mg/kg. Analysis of that single sample the action likely to adversely affect any One sample was collected from each of was unable to specifically determine the critical habitats. the five points in each plot, and the five chemical composition of the In addition, the time that the loops of sub-samples were then composited into contaminants; vehicle engine fuel or cable are suspended from the bottom of a single sample for each plot. hydraulic fluids were identified as the the ice pier would be expected to be Composited samples were analyzed for most likely possibilities. relatively brief. Once a substantial alternating plots throughout the grid The NSF has a spill prevention, portion of the cable in each layer is pattern, i.e., the composited sample for control, and countermeasures (SPCC) released from the ice by melting every other plot was analyzed, for a total plan for all of the stations and bases processes, the weight of the suspended of eleven analyses. The samples were under NSF jurisdiction in Antarctica. cable will act to detach the remainder of analyzed for two compounds: ethylene The plan, revised in September 1994, the layer of cable from the pier. As glycol (antifreeze) and total extractable and currently being updated, includes a discussed above, the entire length of hydrocarbons (TEH). Ethylene glycol section addressing fuel storage and cable would then fall rapidly to the was selected because of the possibility transfer systems for the ice pier at ocean bottom. of leaks from engine blocks; TEH was McMurdo Station. The SPCC plan Although the wooden utility poles selected because of the need for a broad identifies the annual unloading of and the bollards are cut off at the level spectrum analytical procedure, and petroleum products from the supply of the ice surface before the pier is because the presence of TEH would tanker as having the greatest potential towed for dumping, the six or seven represent any possible extractable for accidental discharge of stump ends of the poles, approximately petroleum discharges onto the surface of contaminants. Previously, four-inch four feet long, remain frozen in the pier. the ice pier. Ethylene glycol was not diameter hoses made up in 50-foot (The NSF requires that the longer, detected in any of the eleven samples, lengths were used to unload fuel from exposed lengths of the utility poles be at a detection limit of 16 mg/kg; TEH the tanker to the tank farms on the returned for recycling back to the was not detected in ten of the eleven mainland at McMurdo Station. United States; they are never disposed samples, at a detection limit of 3 mg/kg. However, to reduce the risk of a of in the ocean). When eventually Only one sample, collected beneath two potential fuel spill during the tanker released from the pier during the 55-gallon fuel drums used to provide unloading operation, new six-inch disintegration process, the stump ends heat for a warming hut on the ice pier, diameter hoses made up in 660-foot of the poles could float for several years, showed a concentration of 70 mg/kg. lengths replaced the older hoses in providing substrate for attachment of This sample was collected directly 1993. The new hoses significantly sessile organisms. Eventually, however, underneath fuel drums where dripping reduced the number of hose connections the poles will be destroyed by biological had occurred during drum exchange (and potential leaks) on the ice pier. For processes. Navigational hazards from operations. further protection, the connecting point the poles are unlikely, because of their Subsequently, the NSF issued a from the tanker to the transfer hose was small size and limited number. directive that at all locations where fuel underlain by large drip pans. Of potentially greater environmental drums for building heating systems, or In addition, the SPCC plan identifies concern are any operational discharges, fuel transfer stations are found, such the annual unloading of drummed leaks, or spills that may have locations shall be underlain with lubricants, solvents, and hazardous contaminated the surface of the pier secondary containment methods, to materials from the cargo freighter, and over the period of its existence. facilitate capture of leaks or spills. the subsequent loading of the freighter Examples of such possible releases Secondary containment methods with materials destined to be returned include AN–8 (jet fuel formulated for include large metal pans or to New Zealand or the United States, as cold environment use by heavy diesel impermeable liners placed beneath the potential sources of accidental discharge engines and aircraft) or gasoline during potential contaminant source. Drip pans or spills. As a result, to reduce the the annual unloading process from the were installed under the fuel drums at potential for discharges, the plan resupply oil tanker; spills of material the warming hut on the ice pier. requires all materials received from, or due to leaks or cracks in containers or In February 1994, the approximately loaded onto, the cargo vessel to be drums during the annual offloading 800′ by 300′ surface of the ice pier was containerized in double-walled military from the supply vessel; leaks of AN–8, again divided into 21 quadrats for vans. gasoline, engine lubricating oil, further examination of locations of hydraulic fluid, or ethylene glycol contamination. NSF personnel D. Discussion (antifreeze) from equipment working on examined the entire surface of the pier, Today EPA is proposing to issue a the pier; or spills of liquids or chemicals after the non-slip gravel surface had new general permit to NSF and its being stored on, or moved across, the been removed, and any points on the agents for the ocean dumping of man- pier. These discharges, leaks, and spills pier showing signs of contamination made ice piers from the NSF research could result in contamination of parts of from leaks or spills were marked and station at McMurdo Sound, Antarctica, the pier with chemical compounds of noted. Five samples were taken from subject to specific conditions. Agents of concern to the marine environment. each of the 21 quadrats; the samples the NSF are included in the permit To assess this potential further, in were composited and analyzed for total because transportation for the purpose February 1993 the NSF analyzed eleven petroleum hydrocarbons (TPH). TPH of dumping the pier may be by vessels

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which are not under the direct permit requires that the following clean- may include the use of satellite-tracked ownership or operational control of the up and reporting procedures must be pingers placed on the ice pier, or any NSF, e.g., the U.S. Military Sealift followed by NSF in the event of a spill other methodology that will allow data Command, the U.S. Navy, or U.S. Coast or discharge on the pier: to be collected on the course, speed, and Guard vessels. Further, the proposed (1) All spills or discharges must be location of the ice pier. The results of general permit applies only to the ocean cleaned up within two hours of the spill these tracking efforts are to be included dumping of man-made ice piers from or discharge, or as soon as possible in the reports that the NSF is required the NSF station at McMurdo Sound, thereafter. to submit to the Agency. The period of Antarctica. The 1992 amendments to the (2) If a spill or discharge occurs, one year was chosen by the Agency for MPRSA (Pub. L. 102–580) provide that clean-up procedures must be completed several reasons: first, batteries for pinger permits under the MPRSA shall be to a level below any visible evidence of tracking operations beyond a period of issued for a period not to exceed seven the spill or discharge. one year become considerably heavier years (section 104(a), 33 U.S.C. 1414(a)); (3) As part of normal permit and bulkier (and a greater source of consequently, the term of this proposed monitoring requirements, an official pollution to the marine environment permit is limited to a maximum of seven record of the following information when the ice piers eventually melt); and years. shall be kept by NSF: further, one year’s measurements should The proposed general permit (a) The date and time of all spills or provide substantial evidence concerning establishes several specific conditions discharges, the location of the spill or the track of ice piers in the dissolution that must be met during the life of, and discharge, the approximate volume of process. prior to the ocean dumping of, the ice the spill or discharge, clean-up The NSF shall submit tracking reports pier. In addition, it requires the NSF to procedures employed, and the results; to the Agency for all releases of ice piers report by June 30 of every year to the (b) The number of wooden poles from McMurdo Station under this Director of the Oceans and Coastal remaining in the pier at the time of permit. If tracking results demonstrate Protection Division, in EPA’s Office of release from McMurdo Station, and that all such ice piers released have Water, on any spills, discharges, or their approximate length; generally followed the same path and clean-up procedures on the ice pier, and (c) The approximate length of the time duration for the one year following on any ocean dumping of ice piers from steel cables remaining in the pier at the release, the Agency will consider McMurdo Station conducted under this time of its release; whether further tracking efforts and (d) Any other substances remaining general permit. tracking reports shall be required from on the pier at the time of its release; and With the institution of new protective the NSF under any future versions of (e) The date of detachment of the pier measures, such as longer length hoses this permit. from McMurdo Station, and the for unloading petroleum products from Considering that any contaminants geographic coordinates (latitude and the annual supply tanker, and new remaining on the surface of the piers are longitude) of the point of final release of precautions taken in the handling and expected to be extremely minimal, and return to bases outside Antarctica of the pier in McMurdo Sound. (4) A copy of this record shall be further, that the area over which the used or contaminated chemicals, melting and disintegration of the piers solvents, and hazardous materials, the submitted to the Director of the Oceans and Coastal Protection Division, in the occurs is immense, the potential for chance of a spill or a discharge of these damage to the environment from ocean materials is low. There is considerable EPA’s Office of Water, by June 30 of every year as part of the annual dumping of any McMurdo Station ice vehicular traffic on the ice pier during piers is minimal. In addition, the the austral summer season, and the reporting requirements. The conditions specified in the possibility of entanglement of large possibility of engine block leaks or organisms in suspended loops of cable discharges from these vehicles cannot proposed permit are intended to protect the Antarctic environment against from the melting ice piers has been be totally avoided. However, the NSF determined by the Agency to be very has informed the Agency that vehicles release of contaminants from the McMurdo Station ice pier following its minimal; further discussion of this issue are parked on the pier for only brief can be found in ‘‘C. Potential Effects of periods of time, ranging from minutes to ocean dumping and subsequent melting. As noted above, section 104(c) of the Ice Pier Disposal,’’ above. less than an hour, and that no vehicles Further, it should be noted that the are ever parked on the pier overnight. MPRSA, 33 U.S.C. 1414(c), and EPA regulations at 40 CFR 220.3(a) authorize issuance of an ocean dumping permit to The proposed general permit requires the NSF does not in any way relieve the that the NSF have an SPCC plan in the issuance of general permits for the dumping of materials which have NSF of meeting any of its obligations place, consistent with the requirements under the Antarctic Protocol, the of 40 CFR 112.3, for the ice pier that minimal adverse environmental impacts. Antarctic Conservation Act, or the addresses: implementing regulations. (1) The unloading of petroleum In light of the testing and analyses products from supply tankers to the described above, and the conditions Statutory and Executive Order Reviews which are stipulated in the proposed storage tanks at McMurdo Station; A. Paperwork Reduction Act (2) The unloading of drummed permit for the disposal of ice piers, it is chemicals, petroleum products, and the determination of the Agency that The Paperwork Reduction Act, 44 material (cargo) from cargo freighters to only minimal adverse environmental U.S.C. 3501 et seq., is intended to supply depots at McMurdo Station; and impacts would result from the dumping minimize the reporting and record- (3) The loading of materials to of ice piers from the NSF base at keeping burden on the regulated freighters destined to be returned to McMurdo Station in Antarctica. community, as well as to minimize the bases outside Antarctica. Furthermore, the NSF is directed, as cost of Federal information collection The proposed permit requires that the a condition of this permit, to utilize a and dissemination. In general, the Act SPCC plan include methods to methodology to track any ice piers requires that information requests and minimize the accidental release or released from McMurdo Station for a record-keeping requirements affecting discharge of any products to the ice period of one year from the date of ten or more non-Federal respondents be pier. In addition, the proposed general release of the pier. Such methodologies approved by the Office of Management

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and Budget. Since this proposed general countermeasures (SPCC) plan in place, maintaining a connection between the permit affects only a single Federal consistent with the requirements of 40 pier and the mainland, the non- agency’s record-keeping and reporting CFR 112.3, for the McMurdo Station ice embedded portions of poles used for requirements, it is not subject to the pier. The SPCC plan shall address lighting, power, or telephone requirements of the Paperwork procedures for loading and unloading connections, and any removable Reduction Act. the following materials, and shall equipment, debris, or objects of anthropogenic origin), shall be removed B. Endangered Species Act include methods to minimize the accidental release or discharge of any of from the pier prior to dumping. The Endangered Species Act (ESA) the following materials to the ice pier: (2) The gravel non-slip surface of the imposes duties on Federal agencies (1) Petroleum products unloaded from pier shall be removed to the maximum regarding endangered species of fish, supply tankers to the storage tanks at extent possible, and stored on the wildlife, or plants and habitat of such McMurdo Station; mainland for subsequent use. species that have been designated as (2) Drummed chemicals, petroleum (3) A methodology to track any ice critical. Section 7(a)(2) of the ESA and products, and materiel unloaded from piers released from McMurdo Station its implementing regulations (50 CFR cargo freighters to supply depots at shall be established and utilized for a part 402) require EPA to ensure, in McMurdo Station; and period of one year from the date of consultation with the Secretary of (3) Materials loaded to freighters release of the ice pier. The results of Interior or Commerce, that any action destined to be returned to bases outside these tracking efforts are to be included authorized, funded, or carried out by Antarctica. in the annual reports that the NSF is EPA in the United States or upon the (b) If a spill or discharge occurs on an required to submit to EPA. high seas, is not likely to jeopardize the ice pier, clean-up procedures must be (f) The NSF shall submit a report by continued existence of any endangered completed by NSF or its contractors to June 30 of every year to the Director of or threatened species, or adversely affect a level below any visible evidence of the the Oceans and Coastal Protection their critical habitat. spill or discharge. All spills or Division, in EPA’s Office of Water, on In compliance with section 7 of the discharges on an ice pier must be (1) Any spills, discharges, or clean-up ESA, an endangered species list for the cleaned up within two hours of the spill procedures on the ice pier at McMurdo affected area of ocean dumping of ice or discharge, or as soon as possible Station, (2) any ocean dumping of ice piers from the NSF facility at McMurdo thereafter. piers from McMurdo Station, and (3) Station was requested by EPA and (c) As part of normal monitoring any tracking efforts of ice piers released received from both the Fish and requirements, a record of the following from McMurdo Station under this Wildlife Service (F&WS) of the information shall be kept by NSF: general permit for the year preceding Department of the Interior and the (1) The date and time of all spills or the date of the annual report. National Marine Fisheries Service discharges, the location of the spill or (g) For the purpose of this permit, the (NMFS) of the Department of discharge, a description of the material term ‘‘ice pier(s)’’ means those man- Commerce. No endangered, threatened, that was spilled or discharged, the made ice structures containing or candidate species are reported to approximate volume of the spill or embedded steel cable, and any potentially occur in the affected area. discharge, clean-up procedures remaining gravel frozen into the surface EPA has discussed this matter with employed, and the results; of the pier, that are constructed at both the F&WS and the NMFS pursuant (2) The number of wooden poles McMurdo Station, Antarctica, for the to section 7 of the ESA, and the agencies remaining in the pier at the time of its purpose of off-loading the annual have agreed that the ocean dumping of release from McMurdo Station, and provision of materiel and supplies for ice piers by the NSF or its agents from their approximate length; the base at McMurdo Station and other McMurdo Station in Antarctica will (3) The approximate length of the U.S. Antarctic bases, and for loading the have no effect on endangered or steel cables remaining in the pier at the previous year’s accumulation of wastes, threatened species. EPA will consider time of its release from McMurdo which are returned to the United States. any comments offered by either the Station; (h) This permit shall be valid until F&WS or the NMFS on this issue before (4) Any other substances remaining [add date—seven years from the date of promulgating a final general permit on on the pier at the time of its release from issuance]. the ocean dumping of ice piers. McMurdo Station; and [FR Doc. 03–335 Filed 1–6–03; 8:45 am] Dated: January 2, 2003. (5) The date of detachment of the pier BILLING CODE 6560–50–P Suzanne E. Schwartz, from McMurdo Station, and the Director, Oceans and Coastal Protection geographic coordinates (latitude and Division. longitude) of the point of final release of FEDERAL HOUSING FINANCE BOARD the pier in McMurdo Sound or the The proposed permit is as follows: [No. 2002–N–15] Antarctic Sea. Disposal of Ice Piers From McMurdo (d) The non-embedded ends of all Station, Antarctica Notice of Annual Adjustment of the wooden utility poles and bollards will Cap on Average Total Assets That The United States National Science be cut off from the ice pier prior to Defines Community Financial Foundation and its agents are hereby disposal, and shall not be disposed of in Institutions, and Notice of Annual granted a general permit under sections the ocean. Adjustment of the Limits on Annual 102(a) and 104(c) of the Marine (e) Prior to the ocean dumping of any Compensation for Federal Home Loan Protection, Research, and Sanctuaries ice piers, the following actions shall be Bank Directors, and Notice of Annual Act, 33 U.S.C. 1412(a) and 1414(c), to taken by NSF: Adjustment of the Maximum Dollar transport ice piers from the McMurdo (1) Other than the matter physically Limits on Certain Allocations by a Sound, Antarctica, research station for embedded in the ice pier (i.e., the ends Bank of its Annual Required Affordable the purpose of ocean dumping, subject of light poles or bollards frozen in the Housing Program Contributions to the following conditions: pier, and the strengthening cables), all (a) The NSF shall have a spill other objects (including the non- AGENCY: Federal Housing Finance prevention, control, and embedded portions of bollards used for Board.

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