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CLEANUP ABANDONED STATIONS AND STIES (07)

Develop Standard Operating procedures for future Nean Up Actions 06/90 Orrently Planned dean Up Activities

03/91 -Identity Additional Abandoned sites

04/91

Additional Nean Up Activities

with Opportunity

A National Science Foundation
Strategy for Compliance with

Environmental Law

in Antarctica

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A Report to the Director from the
Office of the General Counsel

December 1989

National Science Foundation

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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.

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

ACKNOWLEDGMENTS

V

INTRODUCTION

1

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

3

3 3

I. TREATIES AND OTHER LAWS WITH EXTRATERRITORIAL APPLICATION
A. Pollution Control Requirements
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 Govering Ocean Dumping and Waste Disposal from Ships

a London Dumping Convention
b. Marine Protection, Research, and Sanctuaries Act of 1972
c. Other Intemational Agreements and Statutory Provisions

3 4 4 5 5 6 6 6 7 7 7 7

9 18 18 18

Govering 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

10 12 12 . 12

12 . 12 . 12

13 13 13 14

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

14 14 15 16

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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. 20

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. 21

22

PART 2 - ASSESSING NSF'S COMPLIANCE WITH APPLICABLE
ENVIRONMENTAL LAWS IN ANTARCTICA

24

I. COMPLIANCE WITH POLLUTION CONTROL LAWS

A. The Antarctic Conservation Act of 1978
B. The National Environmental Policy Act and Executive Order 12114
C. Compliance with Wastewater Treatment Requirements

1. McMurdo and Palmer Stations

2. South Pole Station D. Ocean Dumping and Waste Disposal from Ships E. Safe Drinking Water Act

1. McMurdo Station

2. Palmer and South Pole Stations F. Federal Insecticide, Fungicide and Rodenticide Act G. Solid and Hazardous Waste Handling and Disposal 1. McMurdo Station

(a) Waste Management and Landfil Operations

(6) Winter Quarters Bay
2. Palmer Station
3. South Pole Station
4. Prevention of Oil Spills Throughout Antarctica

5. Abandoned Stations
H. Air Emissions
1. McMurdo Station

(a) Waste Buming at Fortress Rock

(6) Emissions from Generators and Vehicles 2. Palmer Station

3. South Pole Station I Environmental Monitoring and Reporting Requirements

25 25 . 26 26 26 28 28 29 29 30 30 31 . 31 31 33 34 35 35 . 36 37 37 37 38 38 38 39

II. COMPLIANCE WITH CONSERVATION LAWS

A. The Antarctic Conservation Act
B. The Endangered Species Act
C. Marine Mammal Protection Act
D. Migratory Bird Treaty Act
E. Antarctic Marine Living Resources Convention Act
F. Miscellaneous Conservation Measures

39 39 41 41 41 41 41

III. SUMMARY AND CONCLUSION

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