Antarctic Conservation Act of 1978; Permit Applications, etc.

NATIONAL SCIENCE FOUNDATION

Antarctic Conservation Act of 1978; Permit Applications, etc.

AGENCY: National Science Foundation.

ACTION: Notice of Permit Issued Under the Antarctic Conservation Act of

1978, Public Law 95-541.

-----------------------------------------------------------------------

SUMMARY: The National Science Foundation (NSF) is required to publish

notice of permits issued under the Antarctic Conservation Act of 1978.

This is the required Notice.

FOR FURTHER INFORMATION CONTACT: Robert S. Cunningham or Peter R.

Karasik, Permit Office, Office of Polar Programs, National Science

Foundation, 4201 Wilson Blvd., Rm 755, Arlington, VA 22230.

SUPPLEMENTARY INFORMATION/Permit No. 95WM1-NSFA/ASA: On July 19, 1994,

the National Science Foundation published a notice in the Federal

Register of permit applications received. An environmental assessment

addressing the decision to issue the permit entitled, Master Permit

Application for Materials and Waste Management and Waste Disposal, was

prepared prior to the issuance of the permit and is available for

public review. A waste management permit for the U.S. Antarctic Program

(USAP) was issued to the following applicants:

Co-Applicants

U.S. Naval Support Force Antarctica, Building 836, Construction

Battalion Center, 651 Lyon Street, Port Hueneme, California 93043-4345

Antarctic Support Associates, 61 Inverness Drive East, Suite 300,

Englewood, Colorado 80112;

The permit applies to USAP activities at all of its facilities in

Antarctica. The effective date of the permit is October 1, 1994. The

expiration date of the permit is September 30, 1999.

Conditions of the Permit

The permit conditions are as follows:

1. Definition of ``permit''. The ``permit'' consists of volumes I

and II of the ``Final Master Permit Application'' dated 27 June, 1994;

and Attachment 1, Master Permit Application, signed by the permittees

as amended or supplemented by the permit and associated conditions

(this six-page document) signed by the Director, NSF, Office of Polar

Programs.

2. Negligence. Attachment 1, Master Permit Application is amended

as follows:

Delete

It is understood that NSFA and its personnel, and ASA and its

personnel, will not be held responsible for accidental discharges or

releases of designated pollutants or wastes, unless such discharges are

the result of gross negligence.

Add

NSFA and its personnel and ASA and its personnel, will not be held

responsible for accidental discharges or releases of designated

pollutants or wastes, which are cleaned up in accordance with the

permit unless there is a finding of negligence.

Accidental releases such as those listed in the permit are

inevitable in the harsh operating conditions of Antarctica. Discharges

may result, in whole or in part, from safety considerations; equipment,

facility, or pipeline failure; weather conditions such as high winds,

limited visibility, icy conditions or extreme cold. Absent unusual

circumstances, such discharges would not be considered negligent and

would not be actionable under the permit.

3. Responsibility to comply with applicable laws and regulations.

Issuance of this permit by NSF does not relieve the permittee of

responsibility for complying with other applicable laws and regulations

or future laws and regulations that become effective during the term of

the permit. However, enforcement of other applicable laws will not be

taken under this permit, but will be the responsibility of the

appropriate regulating body designated within the applicable law or

regulation.

4. Required modification to conform with implementing legislation.

In the event legislation is enacted to implement the provisions of the

Protocol on Environmental Protection to the Antarctic Treaty, and

regulations are adopted thereunder governing waste disposal and waste

management in Antarctica, NSF and the permittees shall discuss proposed

modifications to the permit, and this permit shall be modified, if

necessary, to comply with the requirements of those regulations.

5. Right of entry and inspection. Any NSF employee, contractor, or

agent designated by the Director, Office of Polar Programs; an

Antarctic Conservation Act enforcement officer; or an NSF

Representative may inspect any permitted activity and records related

thereto to verify compliance with permit conditions. The designated NSF

employee, contractor, or agent may take photographs, review documents,

collect samples of solids, liquids or air for analysis and

environmental monitoring purposes and perform other actions related to

verification of compliance with permit conditions.

6. Incorporation of 45 CFR Part 671 into permit conditions. 45 CFR

671.9, Conditions of permit, and all other provisions of 45 CFR part

671 are incorporated into this permit.

7. Field modification of Contingency Plans. The implementation of

all Contingency Plans referred to in Volume I, Chapter 6.0,

``Contingency Plans to Control Accidental Releases,'' of the permit may

be affected by safety considerations; material, equipment, facility, or

pipeline failure; non-availability of equipment with sufficient

capacity or capability to address the release; non-availability of

adequate transportation to reach or sustain work at the site; and harsh

weather conditions which restrict operations. Therefore, implementation

of these plans may be modified to accommodate these conditions.

8. Development of a consolidated compliance plan. A consolidated

compliance plan identifying the procedures and arrangements for

managing compliance with the permit must be developed within 180 days

of the issuance of this permit and submitted to the NSF. The compliance

plan must include pertinent information from existing USAP management

documents and subsequent documents as may be prepared. Information on

fuel tank, pipeline, and associated equipment inspection, testing, and

monitoring, and the frequency of these events, as well as similar

information concerning the management of designated pollutants and

wastes must be included in the compliance plan.

9. Changes in the total quantity of wastes managed. Projected

increases in the total annual quantity by weight of antarctic hazardous

wastes managed under this permit by more than 20 percent or wastes

(excluding antarctic hazardous wastes) managed under this permit by

more than 20 percent relative to the ``Projected Annual Waste

Generation For All USAP Facilities For the Period 1 October, 1994

through 30 September, 1999'', included in Volume I Table 3-7 of the

permit, shall require application for a formal amendment to this permit

in accordance with 45 CFR 671.8(c).

10. Allocation of adequate resources to execute permit

responsibilities. In the event that either permittee believes that

policy, programmatic, and funding decisions made by the NSF for the

USAP prevent the adequate allocation of resources to meet permit

obligations, the permittee must notify and send a letter by certified

mail to the Director, Office of Polar Programs, with a copy to the

contracting officer, within ten days of the identification of the

resource allocation problem and state what additional resources are

required to enable full compliance with permit requirements. The NSF

will diligently respond to any such notification.

11. Fuel blending. The blending of used oils with new product for

fuel shall be done only after representative testing of the used oils

to verify that the proposed fuel management technique meets comparable

standards for management of used oils set forth in 40 CFR Part 279.

12. Management of radioactive wastes. All low-level radioactive

wastes shall be managed, stored, packaged, manifested, and shipped in

accordance with applicable Federal regulations (e.g., NRC, DOT). Final

disposal of the wastes in the United States will be in accordance with

appropriate NRC and EPA regulations and any additional requirements

imposed by the local jurisdiction receiving these wastes. All waste

subcontractors shall be duly permitted to handle, pack, ship, or treat

the wastes. The final disposal facility shall be licensed and permitted

to receive and dispose of those low-level radioactive wastes. Any

short-lived radioactive wastes held for decay to background levels

shall be stored in a secure designated facility appropriate for that

purpose; once sufficient time has passed, those wastes will be handled

in a manner consistent with their other, non-radioactive

characteristics. Appropriate management controls will be implemented to

minimize the generation of ``mixed wastes'' (wastes with radioactive

and hazardous characteristics).

13. Air emissions reductions. The standard emissions control

equipment provided at the time of manufacturing for sale of vehicles

and equipment in the United States shall be maintained on all vehicles

and equipment operated by the permittees for the USAP. Vehicles and

equipment with defective or missing emissions control equipment as

determined by visual inspection must have that equipment replaced

within 24 months of the issuance of this permit. Vehicles and equipment

which cannot operate under antarctic conditions with the factory

installed, or equivalent, emissions control equipment must be replaced

with vehicles or equipment with properly functioning emissions control

equipment or taken out of service within 24 months of the issuance of

this permit.

14. Designation of a waste manager. The permittees shall provide to

the NSF within 15 days of the issuance of this permit the name, title,

and appropriate contact information for the principal individual and an

alternative individual responsible for compliance with this permit.

This individual shall be the official point of contact for all matters

relating to the use and management of designated pollutants and wastes

in Antarctica and compliance with the permit.

15. Records at the site. A copy of this permit and the permit

application, or relevant sections for a particular station or vessel,

must be maintained at the three principal U.S. Antarctic Program

stations; McMurdo Station, Amundsen-Scott South Pole Station, Palmer

Station and the two USAP research vessels; the R/V Nathaniel B. Palmer

and the R/V Polar Duke or successor. Ongoing activities receiving waste

management permits for the first time must forward copies of the permit

and permit application materials to the referenced site(s) as soon as

practicable and maintain these records at the applicant's home

institution or agency upon receipt of the permit.

16. Violations. Violations of the Antarctic Conservation Act or the

terms or conditions of this permit may result in criminal or civil

fines of up to $10,000 for each occurrence, imprisonment for up to one

year under the Act and administrative penalties (including debarment).

Reports

17. Annual summary report. A report on the management ad

disposition of all wastes as required under 45 CFR 671.9(c)(1)(ii) must

be provided to the Director of NSF, Office of Polar Programs, by June

30 of each year for the preceding 12 month period ending May 31

throughout the term of the permit. Records on the releases and final

disposition of balloons used for both logistical and scientific

purposes must be included in this report. Any materials not accepted on

the ship for retrograde or not accepted in the U.S. should be

identified in the report. Reports on any non-permitted releases and any

additional reports specifically requested by the Director are due as

required under 45 CFR 671.9.

18. Wasted minimization, reduction, and treatment. The permittees

must provide, by June 30th of each year, a report summarizing the

effectiveness of the waste minimization, reduction, and treatment

methods employed during the reporting period and new measures proposed

for implementation during the upcoming year. The first reporting period

will be October 1, 1994 through May 31, 1995. Subsequent reporting

periods will cover the 12 months since the last report.

19. Transferability of permit. This permit may be transferred only

with the consent of the NSF. Upon termination of ASA's contract with

the NSF, ASA will be removed from the permit and will have no further

obligations under the permit. Upon award of a new contract to replace

services being provided by ASA, NSF will commence the required

administrative and public processes for the transfer of the permit to

the new contractor. ASA's obligation as a permittee will cease on the

last day of the transition period between the two contracts.

Dated: October 3, 1994.

Robert S. Cunningham,

NEPA Compliance Manager, Office of Polar Programs, National Science

Foundation.

[FR Doc. 94-25004 Filed 10-7-94; 8:45 am]

BILLING CODE 17555-01-M