[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25004]
[[Page Unknown]]
[Federal Register: October 11, 1994]
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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.
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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
