Title : Antarctic waste regulations
Type : Antarctic EAM
NSF Org: OD / OPP
Date : June 21, 1993
File : opp93106
INITIAL ENVIRONMENTAL EVALUATION
AND ENVIRONMENTAL ASSESSMENT
FOR
THE NATIONAL SCIENCE FOUNDATION'S
ANTARCTIC WASTE REGULATIONS
1.0 PURPOSE AND NEED
The Antarctic Conservation Act (16USC2401 et seq. -- the "ACA" or
the "Act") requires the Director of the National Science
Foundation
(NSF) to issue regulations that:
"designate as a pollutant any substance which the Director
finds liable, if the substance is introduced into
Antarctica,
to create hazards to human health, to harm living resources
or
marine life, to damage amenities, or to interfere with other
legitimate uses of Antarctica;" [16USC2405(b)(6)] and
"specify those actions which must, and those actions which
must not, be taken in order to prevent or control the
discharge or other disposal of pollutants, from any sources
with[in] Antarctica." [16USC2405(b)(7)]
This Initial Environmental Evaluation, prepared in accordance
with
the requirements of 45 CFR Part 641, and of the National
Environmental Policy Act and regulations issued thereunder,
assesses the reasonably foreseeable potential effects on the
antarctic environment of issuing the regulations required by
those
provisions of the ACA.
2.0 BACKGROUND
2.1 The U.S. Antarctic Program
The United States first established year-round scientific
research stations in Antarctica in 1957-1958. At that time, NSF
was responsible for the research component of the U.S. Antarctic
Program (USAP). Later, a Presidential Directive gave NSF overall
management responsibility for the USAP, so that in addition to
managing the research program NSF now also provides logistics and
operations support through a civilian contractor and other
government agencies (e.g., the Naval Support Force Antarctica and
the U.S. Coast Guard).
USAP currently operates three permanent year-round stations
in
Antarctica -- McMurdo Station on Ross Island, the Amundson-Scott
South Pole Station on the Polar Plateau, and Palmer Station on
the
Antarctic Peninsula (Fig. 1). McMurdo Station is the major
support
station for the USAP, and its population generally ranges from
100-
200 people during the austral winter (late February to early
October), to 1100-1300 people during the austral summer (early
October to late February). The South Pole Station population
ranges from approximately 20 persons during the austral winter,
to
100-130 during the austral summer. At Palmer, the population
ranges from 12 persons in the austral winter to 45 persons in the
austral summer.
USAP also charters two research vessels which provide
research
platforms for scientists working primarily in the Antarctic
Peninsula region, the Drake Passage, and the Ross, Scotia and
Weddell seas. It also maintains remote support camps at Marble
Point and Byrd Surface Camp, and supports remote field parties in
a variety of antarctic locations.
2.2 Tourism
During the past ten years, ship borne tourism to the
Antarctic
Peninsula has increased dramatically. In the early 1980's,
between
700-800 tourists visited the Antarctic Peninsula each year.
During
the 1992-1993 season, the number of ship borne tourists visiting
the Peninsula climbed to approximately 5,700, and an additional
700
ship borne tourists visited the Ross Sea area. During that same
season, approximately 100 tourists participated in land-based
activities. Many of these tourists were U.S. citizens.
2.3 Development of Regulations
The number of antarctic researchers and support personnel,
and
the number of tourists visiting Antarctica, has grown over the
years, resulting in an increased potential for impacts on the
antarctic environment. Antarctic Treaty nations recognized the
potential effects of these impacts, and adopted several Treaty
recommendations addressing environmental issues. Congress also
recognized the importance of protecting antarctic flora and
fauna,
and, in 1978, enacted the ACA.
The ACA specifically directs NSF to issue regulations
designating pollutants and specifying actions which must, and
actions which must not, be taken by U.S. citizens in order to
prevent or control the discharge or other disposal of pollutants
from any source within Antarctica. In 1990, NSF formed the
Antarctic Pollution Control Task Group to assist NSF in
formulating
the pollution control regulations required by the ACA. The Group
consisted of representatives from government agencies, private
industry and environmental groups. At about the same time,
parties
to the Antarctic Treaty began meeting to discuss, and eventually
adopt, a Protocol on Environmental Protection to the Antarctic
Treaty (the "Protocol"). Annex III of the Protocol mandates
certain waste disposal and waste management practices in
Antarctica.
In a Federal Register Notice on July 31, 1992, NSF solicited
public comments on proposed regulations that would implement the
pollution control requirements of the ACA by establishing a
comprehensive waste management scheme for antarctic operations,
consistent with the requirements of the Antarctic Treaty and the
Protocol. Six government agencies and one non-governmental
organization provided NSF with comments on the proposed rule.
NSF
considered each of the comments submitted in preparing this IEE,
and in formulating a final rule.
2.4 Environmental Projects Undertaken as Part of NSF's
Antarctic Safety, Environment and Health Initiative
In Fiscal Year 1990, NSF began a major, multi-year Safety,
Environment and Health Initiative directed at its antarctic
activities. NSF has undertaken a variety of environmental
projects
under the environment component of the Initiative, including:
o Wastewater Treatment and Outfalls. Annex III of the
Protocol requires, at a minimum, that sewage disposed
of
in the sea must be macerated, and disposed of at a
location where there is ample opportunity for
dispersal.
NSF is complying with these requirements. It has
installed macerators at both of its coastal stations;
and, at McMurdo, it has constructed an extended and
submerged outfall. The outfall is designed to achieve
maximum dispersion and mixing of waste in the receiving
waters. The Protocol permits the discharge of sewage
into the ocean, and the practice is scientifically
defensible. However, NSF recognizes that it is also
controversial, and NSF is now monitoring biological,
toxic, and other harmful pollutant parameters to
determine the impact of wastewater discharges on local
marine environments and on the sea water used to
provide
fresh water at McMurdo, and to determine whether
additional wastewater treatment is needed.
o Ambient Air Monitoring. Studies are being undertaken
to
help develop both baseline information and data on the
potential environmental impact of incineration
technologies, vehicle emissions, fuels handling and
storage, and generation of fugitive dust at and in the
vicinity of McMurdo Station.
o Waste Management Study. NSF entered into an
Interagency
Agreement with the Department of Energy's Argonne
National Laboratory in 1990. Under that agreement,
Argonne conducted a comprehensive study to support USAP
assessment of feasible and practical materials and
waste
minimization, waste handling, and waste processing and
disposal options for USAP operations in Antarctica.
2.5 Environmental Assessments.
In October, 1991, NSF published a Supplemental Environmental
Impact Statement (SEIS) for the U.S. Antarctic Program (NSF
1991a).
The SEIS describes environmental impacts associated with USAP
materials and waste management practices and construction
activities. NSF has also conducted more specific evaluations of
a
variety of practices. These include the following:
o Environmental Impact Assessment (Improvement of
Sanitary
Wastewater Management at McMurdo Station, Antarctica),
dated December 29, 1989.
o Environmental Action Memorandum (Waste Minimization,
Treatment and Disposal Program for McMurdo Station
including Preliminary Assessment and Site Investigation
Project), dated November 20, 1990.
o Environmental Action Memorandum (Information on
Dispersion of McMurdo Station's Wastewater), dated
March
1, 1991.
o Environmental Impact Assessment (The U.S. Antarctic
Program's Management of Food Wastes During 1991-1992 at
McMurdo Station, Antarctica), dated August 2, 1991.
o Initial Environmental Evaluation (Accelerated
Implementation of Waste Management Actions at McMurdo
Station, Antarctica) dated October 17, 1991.
o Environmental Action Memorandum (Proposed Temporary,
Capped, Non-Hazardous, Waste Food Storage Area at the
Fortress Rocks Area, McMurdo Station, Antarctica),
dated
December 30, 1991.
o Initial Environmental Evaluation of the U.S. Antarctic
Program's Management of Food Wastes at McMurdo Station,
Antarctica, for 1993-1995, dated December 31, 1992 (the
"Food Wastes IEE").
3.0 THE AFFECTED ENVIRONMENT
Antarctica covers roughly 14.3 million square kilometers, an
area larger than the United States and Mexico combined. It is
the
coldest continent on earth, colder even than the Arctic. The
average annual temperature at the South Pole is -49 deg C; at the
North Pole it is -18 deg C. Earth's lowest known surface
temperature, - 89.2 deg C, was recorded in the antarctic
interior.
Temperatures in coastal areas occasionally exceed the freezing
point during the austral summer, and ocean water temperatures
near
the coast are typically -1.8 deg C year-round.
About 98 percent of the continent is buried under a thick
continental ice sheet which, in some places, is more than 4,500
meters thick. The sea surface around Antarctica freezes and
thaws
annually, creating up to 20 million square kilometers of
additional
ice-covered area during the austral winter. Most of the ice
surface is between 2,000 and 4,000 meters above sea level, and
the
peaks of some antarctic mountain ranges reach heights in excess
of
5,000 meters.
The antarctic continent is almost devoid of life. Its ice
sheet is virtually sterile, and the exposed land has patches of
algae and lichens. Flowering plants are limited to two species
in
the northern sections of the Antarctic Peninsula. Penguins and
flying birds have breeding grounds on some coasts. The bird
population in Antarctica is estimated to exceed 350 million
individuals.
The sea surrounding Antarctica is nutrient-rich and
extremely
productive of life, including phytoplankton, benthic and pelagic
invertebrates (e.g., krill), fish, birds and marine mammals.
Antarctic life forms have adapted to the distinctive annual
cycle of continuous summer daylight and winter darkness by
forcing
much of the breeding cycle into a few summer months. Most of the
antarctic biomass is endemic, but significant numbers of birds
and
whales migrate in and out of the region.
The SEIS describes land use, climate, weather and air
quality,
water resources and ecological resources at McMurdo Station,
South
Pole Station, Palmer Station, Marble Point and Byrd Surface
Camps,
and certain remote field camps. The majority of land-based
antarctic activities undertaken by U.S. citizens occur in these
locations. The Food Wastes IEE and other environmental documents
described above further describe environmental conditions in the
vicinity of McMurdo Station.
4.0 ALTERNATIVES CONSIDERED
o Alternative I. No Action. Under this alternative, NSF
would
not issue regulations designating pollutants, specifying
measures to control their discharge or release, or imposing
waste management and waste disposal requirements.
o Alternative II. Issue regulations that satisfy the
requirements of 16 U.S.C. 2405(b)(6) and (7). Under this
alternative, the Director of NSF would issue regulations
satisfying the requirements of the ACA, without regard to
the
provisions of the Protocol.
o Alternative III. Issue regulations that satisfy the
requirements of 16 U.S.C. 2405(b)(6) and (7), and that
implement the requirements of Annex III of the Protocol.
Under this alternative, NSF would issue the final rule
attached as Appendix I. THE PREFERRED ALTERNATIVE.
5.0 ASSESSMENT OF ALTERNATIVES
5.1 Alternative I. No Action.
The alternative of not issuing regulations is not
evaluated in the is IEE because NSF has a statutory obligation
under the ACA to issue regulations.
5.2 Alternative II. Issue regulations the satisfy the
requirements of 16 U.S.C. 2405(b)(6) and (7).
Under this alternative, regulations would be
promulgated
without regard to the requirements of Annex III of the Protocol.
However, Antarctic Treaty parties agree that the requirements of
Annex III represent minimum standards for sound waste management
and waste disposal practices in Antarctica. Moreover, while the
Protocol is not yet in force, it has been signed by the United
States and has received the advice and consent of the Senate. As
a result, this alternative is not the preferred alternative.
5.3 Alternative III. Issue regulations the satisfy the
requirements of 16 U.S.C. 2405(b)(6) and (7), and
implement the requirements of Annex III of the
Protocol.
THE PREFERRED ALTERNATIVE.
5.3.1 Summary of Rule.
Under this alternative, NSF would issue the rule
attached as Appendix I. The provisions of that rule are
summarized
as follows:
o The rule applies to the antarctic activities of all
U.S.
citizens and entities, including governmental entities.
It bans the use of certain substances in Antarctica;
requires a permit for the use or release of certain
other
substances (i.e., substances consisting of or
containing
chemicals listed by source, generic or chemical name in
regulations issued under the Resource Conservation and
Recovery Act (RCRA), the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) and
the
Clean Air Act, and substances exhibiting a RCRA
hazardous
waste characteristic); and requires a permit for the
release of any waste in Antarctica.
o The rule makes it unlawful for U.S. citizens and
entities
(including governmental entities) to use banned
substances in Antarctica. It is also makes it unlawful
for them to use or release designated pollutants, or to
release wastes, unless they have received a permit from
NSF that allows them to do so. The permit will
establish
conditions for the use or release of designated
pollutants and the release of waste in Antarctica.
o Permit applications must contain detailed information
in
a variety of areas, including the type and volume of
expected releases of wastes and designated pollutants;
arrangements for waste management, monitoring and
personnel training; and contingency plans for
controlling
releases of designated pollutants. Notices of the
availability of permit applications will be published
in
the FEDERAL REGISTER, inviting the submission of
comments
by interested parties.
o Permits will be conditioned upon compliance with
applicable provisions of the ACA, Protocol, Antarctic
Treaty, and regulations issued under the ACA, and with
other conditions or restrictions that may be imposed by
the Director of NSF. The Director may modify, suspend
or
revoke a permit (i) to make it consistent with a change
in applicable regulations, (ii) if a change in
conditions
makes the permit inconsistent with the purposes of the
ACA or regulations promulgated thereunder, or (iii) if
a
term or condition of the permit, any regulation, or the
ACA is violated. Permits with durations in excess of
one
year will be reviewed at least every two years to
determine whether modification, suspension or
revocation
is appropriate.
o Master permits may be issued which would cover
activities
undertaken under the auspices of a larger program or
expedition. Individual participants will not need
their
own permits for activities covered by the master
permit.
o All waste must be stored in a manner that will prevent
its dispersal into the environment, and antarctic
hazardous waste must be removed from Antarctica for
disposal. In addition, the Rule imposes stringent
requirements on the temporary storage of antarctic
hazardous waste.
Certain other categories of waste also must be removed
from Antarctica for disposal. These include
radioactive
materials; electrical batteries; fuel; waste containing
harmful levels of heavy metals or acutely toxic or
harmful persistent compounds; polyvinyl chloride (PVC);
polyurethane foam; rubber; lubricating oils; treated
timbers and other products containing additives which
can
produce harmful emissions or releases; all other
plastic
wastes except low density polyethylene containers;
solid
non-combustible waste; damaged fuel drums; incinerator
ash; and, to the maximum extent possible, liquid wastes
other than sewage and domestic liquid wastes.
o Sewage and domestic liquid wastes may be discharged
into
the sea under certain circumstances. Certain
combustible
wastes may be incinerated in incinerators which reduce
harmful emissions or discharges to the maximum extent
practicable. Open burning of wastes is prohibited at
permanent stations, and will be phased out over a one-
year period at all other locations.
o USAP is required to categorize its waste stream;
prepare
and annually review waste management plans; prepare an
inventory of locations of past activities; and clean up
past and present waste disposal sites.
o The Director of NSF must review the list of banned
substances and designated pollutants annually, and,
based
on specified criteria, the Director may propose the
designation or redesignation of any substance as a
designated pollutant or other waste. The Director may
also propose the designation or redesignation of a
substance as a banned substance if the Director
determines that the substance poses a substantial
immediate hazard to health or the environment, or if
the
Parties to the Protocol or the Treaty agree that such
substance should be banned from use in Antarctica.
Prior
to any such designation or redesignation, notice of the
proposed designation or redesignation will be published
in the FEDERAL REGISTER, inviting submission by
interested parties of written comments.
o The provisions of the rule will not apply in cases of
emergency relating to the safety of human life or of
ships, aircraft or other equipment and facilities of
high
value, or the protection of the environment.
5.3.2 Potential Environmental Impacts
The potential environmental impacts of the waste
management and waste disposal practices mandated by the rule have
been assessed in the SEIS, Food Wastes IEE, and other
environmental
documents referenced in Section 2.5 above. Other provisions of
the
rule do not, in and of themselves, have any effect on the
antarctic
environment. However, those provisions do require that a U.S.
citizen who wants to use a designated pollutant in Antarctica, or
dispose of waste there, apply to NSF for a permit to do so. This
permit application must contain detailed information on
substances
that will be used and released, and will be granted only if
permitted activities will not pose a substantial hazard to health
or the environment. As a result, the rule is likely to have a
positive effect on the antarctic environment, but the magnitude
of
the effect cannot be quantified.
5.3.3 Mitigation
NSF's regulations governing waste management and waste
disposal in Antarctica will have no adverse impacts on the
antarctic environment, and NSF's permitting decisions can have
very
positive ones. Permits to use or release designated pollutants
or
to release wastes will be granted only if the permitted
activities
will not pose a substantial hazard to health or the environment.
All permit applicants must describe their arrangements for waste
management and personnel training, and their contingency plans
for
controlling accidental releases of designated pollutants. NSF
may
impose additional conditions and restrictions on permitted
activities to ensure the protection of the antarctic environment.
It is difficult to anticipate or quantify all of the
positive
environmental impacts that may flow from the regulations, since
there has never been a comprehensive regulatory scheme in place
to
govern waste management and waste disposal in Antarctica. As NSF
gains experience in administering the regulations, it will be
better able to identify deficiencies in the regulations'
approach,
gaps in coverage, the need for greater specificity, and
alternative
methods for waste management and disposal. NSF plans to gather
baseline environmental data and conduct environmental monitoring
where feasible and appropriate so that better information is
available on the environmental impacts of antarctic operations.
This information will help NSF to revise the waste management
regulations appropriately. NSF fully anticipates amending its
rule
over time, and will continue to examine U.S. domestic regulations
and standards for guidance in this area.
6.0 RECOMMENDATION
The Environmental Officer recommends Alternative III because
that alternative will allow the Director of NSF to ensure that
environmentally sound materials and waste management practices
are
observed by U.S. citizens in Antarctica.
ENVIRONMENTAL DETERMINATION:
I find that the preferred alternative will have no more than a
minor and transitory impact, and no significant impact, on the
antarctic environment.
_____[signed]_____________________ Date:____21 June
1993_____
Director, Office of Polar Programs