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