MILESTONES

CLEANUP ABANDONED STATIONS AND STIES (07)

-Develop Standard Operating Procedures for Future Clean Up Actions 06/90

A National Science Foundation
Strategy for Compliance with
Environmental Law

I am pleased to submit this report, entitled "A National Science Foundation Strategy for Compliance with Environmental Law in Antarctica," on behalf of the many NSF attorneys, scientists, and engineers who participated in its preparation over the past year. Because of the report's length, I am submitting an Executive Summary of the findings and recommendations under separate cover.

The strategy outlined in the report will bring NSF into full compliance with all applicable laws, and foster environmentally responsible conduct by United States nationals in Antarctica. Achievement of sound environmental practices by NSF will also advance United States leadership in the Antarctic.

The Office of the General Counsel looks forward to working with the Division of Polar Programs during the implementation of NSF's environmental, safety, and health initiatives.

Robert M. Anderse

Robert M. Andersen
Antarctic Environmental
Compliance Task Group

A National Science Foundation Strategy
For Compliance With Environmental
Law In Antarctica

ACKNOWLEDGMENTS

INTRODUCTION

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PART 1 - DETERMINING WHICH ENVIRONMENTAL LAWS GOVERN
UNITED STATES ACTIVITIES IN ANTARCTICA

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I. TREATIES AND OTHER LAWS WITH EXTRATERRITORIAL APPLICATION
A. Pollution Control Requirements

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1. The Antarctic Treaty, the Agreed Measures for Conservation of
Antarctic Fauna and Flora, and the Code of Conduct for Waste

Handling in Antarctica

2. Proposed SCAR Revisions to the Code of Conduct

a. Waste Management Planning and Practices

b. Waste Disposal Measures

(1) Solid Combustible Wastes

(2) Solid Non-combustible Wastes

(3) Radioactive Materials, Batteries, and Heavy Metals

(4) Liquid Wastes

(5) Waste Disposal at Inland Stations and Field Camps

(6) Waste Disposal by Vessels

(7) Miscellaneous Matters

3. The Antarctic Conservation Act of 1978

4. Laws Governing Ocean Dumping and Waste Disposal from Ships

a. London Dumping Convention

b. Marine Protection, Research, and Sanctuaries Act of 1972

c. Other International Agreements and Statutory Provisions
Governing Waste Disposal and Discharges from Ships

5. Environmental Assessments

B. Wildlife Conservation Requirements

1. The Agreed Measures for the Conservation of Antarctic Fauna and Flora
2. The Antarctic Conservation Act .

3. The Code of Conduct for Antarctic Expeditions and Station Activities
4. The Antarctic Marine Living Resources Convention Act of 1984

5. The Endangered Species Act

6. The Marine Mammal Protection Act

7. The Migratory Bird Treaty Act

8. Miscellaneous Conservation Measures

II. THRESHOLD ISSUES REGARDING THE APPLICABILITY

OF UNITED STATES ENVIRONMENTAL LAWS IN THE ANTARCTIC

A. Extraterritorial Application of U.S. Environmental Laws

B. Standard Federal-Facilities and International Pollution Provisions

C. Applicability of Executive Order 12088 to the United States Antarctic Program

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III. DETERMINING WHICH PROVISIONS OF UNITED STATES ENVIRONMENTAL
LAWS APPLY TO FEDERAL OPERATIONS IN THE ANTARCTIC

A. The Clean Air Act

B. The Clean Water Act

C. Solid and Hazardous Waste Handling The Resource Conservation and
Recovery Act, and Superfund

D. Safe Drinking Water Act

E. Federal Insecticide, Fungicide and Rodenticide Act

F. The Toxic Substances Control Act

G. The National Environmental Policy Act

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