83 FR 23898 - Notice of 30-day Public Comment Period on an Addendum to the Portland Harbor Damage Assessment Plan
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 100 (May 23, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 100 (May 23, 2018)
| Page Range | 23898-23899 | |
| FR Document | 2018-11075 |
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)] [Notices] [Pages 23898-23899] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11075] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of 30-day Public Comment Period on an Addendum to the Portland Harbor Damage Assessment Plan AGENCY: National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. ACTION: Notice of Public Comment Period. ----------------------------------------------------------------------- SUMMARY: On June 1, 2010 NOAA and its co-members of the Portland Harbor Trustee Council (Trustee Council) published the ``Portland Harbor Superfund Site Natural Resource Damage Assessment Plan'', which set forward the Trustee Council's approach for assessing natural resource damages at the Portland Harbor Superfund Site in cooperation with potentially responsible parties in order to resolve natural [[Page 23899]] resource damages liability through legal settlements. Through today's notice, NOAA is announcing: (1) An addendum to the plan that provides for additional efforts to complete the assessment of natural resource damages for lost ecological and human use services resulting from releases of hazardous substances and oil to the lower Willamette River in Portland, Oregon; and (2) a provision of a 30-day period for public comment on the addendum. ADDRESSES: Comments are sought on the new addendum to the damage assessment plan and should be emailed to Robert.Neely@noaa.gov with the subject line: ``Comments on Addendum to the Portland Harbor Natural Resource Damage Assessment Plan.'' Comments may also be mailed to: Rob Neely of NOAA Western Region Center, 7600 Sand Point Way, Building 1, Seattle, WA, 98118. The addendum is found at: https://casedocuments.darrp.noaa.gov/northwest/portharbor/pdf/Portland_Harbor_Addendum_to_Nat_Res_Damage_Assess_Plan_0309_2018_Public.pdf SUPPLEMENTARY INFORMATION: On December 1, 2000 the U.S. Environmental Protection Agency placed Portland Harbor on the National Priorities List, thus designating it as a Superfund Site. Since the early 1900s numerous industrial facilities have operated in the vicinity of the lower Willamette River from its confluence with the Columbia River at river mile 0 upstream to downtown Portland at approximately river mile 14. Activities have included ship building, repair and maintenance; energy generation; oil and gas transfer and storage; pesticide production; port operations; and others. These activities have resulted in the release of hazardous substances and oil to the Portland Harbor. Examples of contaminants of concern released to the Portland Harbor include polychlorinated biphenyls (PCBs), pesticides, metals, polycyclic aromatic hydrocarbons, and semi-volatile organic compounds. Natural resources such as benthic invertebrates, migratory fish (such as juvenile Chinook salmon), resident fish (such as sculpin), mink, osprey and bald eagles exposed to these compounds can potentially be harmed as a result. In addition, hazardous substances released to the Portland Harbor have resulted have reduced the human use services (e.g., recreational fishing, recreational boating, tribal uses) provided by the lower Willamette River. In addition, fish consumption advisories related to hazardous substances have been issued to the public warning of the risks associated with consumption of various fish species commonly targeted by anglers. Addendum 2 to the Damage Assessment Plan sets forth the approach the Trustee Council will apply to completing the damage assessment process to resolve natural resource damages liability with non-settling parties. The Trustee Council is composed of Federal, state and tribal natural resource trustees. Members of the Trustee Council include the U.S. Department of the Interior, acting through the U.S. Fish and Wildlife Service (USFWS); the U.S. Department of Commerce, acting through NOAA; the State of Oregon; the Confederated Tribes of the Grand Ronde Community of Oregon; the Confederated Tribes of Siletz Indians; the Confederated Tribes of the Umatilla Indian Reservation; the Confederated Tribes of the Warm Springs Reservation of Oregon; and the Nez Perce Tribe. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601 et seq.; the Oil Pollution Act (OPA) of 1990, 33 U.S.C. 2701 et seq.; the Clean Water Act (CWA), 33 U.S.C. 1251; the National Oil and Hazardous Substances Pollution Contingency Plan [National Contingency Plan (NCP)], 40 CFR 300, Subpart G; Executive Orders 12580 and 12777; and other applicable federal and state laws and regulations, provide a legal framework for the Trustee Council's actions. Under the federal regulations, the Trustee Council can elect to perform a Type A or Type B injury assessment. Type A assessment procedures use simplified model assumptions to assess injuries that result from a single event or short-term exposure. Releases of hazardous substances from the Site have occurred from multiple sources over many decades, resulting in complex exposure conditions impacting aquatic and upland media and associated complex food webs. Therefore, the Trustee Council previously elected to perform a Type B assessment, the procedures for which require ``more extensive field observation than the Type A procedures.'' 43 CFR 11.33(b). This assessment method includes injury determination, quantification, and damage determination. Because substantial Site-specific data already exist to support the assessment, a Type B assessment can be conducted for the Site at a reasonable cost. The federal regulations for a Type B assessment outline methods for determining (1) pathways through which hazardous substances released by PLPs expose natural resources, (2) injuries to natural resources, (3) the extent of those injuries and resultant public losses, (4) baseline conditions and time required for the resources to recover to baseline, and (5) the cost or value of restoring injured resources. These methods facilitate calculation of natural resource damages. 43 CFR 11.60-11.84. Dated: May 16, 2018. David Westerholm, Director, Office of Response and Restoration. [FR Doc. 2018-11075 Filed 5-22-18; 8:45 am] BILLING CODE 3510-JE-P
![23898 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices
• My name is {INSERT COMPANY Æ Suspension of liquidation of all Exporter Certification to the U.S. importer
OFFICIAL’S NAME} and I am an official of unliquidated entries (and entries for which before or at the time of shipment;
{IMPORTING COMPANY}; liquidation has not become final) for which • I understand that {INSERT NAME OF
• This certification pertains to {INSERT these requirements were not met, and EXPORTING COMPANY} is required to
ENTRY NUMBER(S), ENTRY LINE Æ the requirement that the importer post provide a copy of this certification and
NUMBER(S), AND PRODUCT CODE(S) applicable antidumping duty (AD) and/or supporting records, upon request, to U.S.
REFERENCED ON ENTRY SUMMARY}; countervailing duty (CVD) cash deposits (as Customs and Border Protection (CBP) and/or
• I have direct personal knowledge of the appropriate) equal to the rates determined by the Department of Commerce (Commerce);
facts regarding the importation into the Commerce; • I understand that the claims made
Customs territory of the United States of the • I understand that agents of the importer, herein, and the substantiating documentation
corrosion-resistant steel products produced such as brokers, are not permitted to make are subject to verification by CBP and/or the
in the Socialist Republic of Vietnam this certification; Commerce;
(Vietnam) that entered under entry number(s) • This certification was completed at the • I understand that failure to maintain the
{INSERT ENTRY NUMBER(S)} and are time of filing the entry summary for the required certification and/or failure to
covered by this certification. ‘‘Direct personal relevant importation; substantiate the claims made herein will
knowledge’’ for purposes of this certification • I am aware that U.S. law (including, but result in:
refers to facts in records maintained by the not limited to, 18 U.S.C. 1001) imposes Æ Suspension of all unliquidated entries
importing company in the normal course of criminal sanctions on individuals who (and entries for which liquidation has not
its business. The importer should have knowingly and willfully make material false become final) for which these requirements
‘‘direct personal knowledge’’ of the statements to the U.S. government. were not met, and
importation of the product (e.g., the name of Æ the requirement that the importer post
the exporter) in its records; Signature applicable antidumping duty (AD) and/or
• I have personal knowledge of the facts lllllllllllllllllllll countervailing duty (CVD) cash deposits (as
regarding the production of the imported NAME OF COMPANY OFFICIAL appropriate) equal to the rates as determined
products covered by this certification. lllllllllllllllllllll by the Department;
‘‘Personal knowledge’’ for purposes of this • This certification was completed before
certification includes facts obtained from TITLE or at the time of shipment of the relevant
another party (e.g., correspondence received lllllllllllllllllllll entries;
by the importer (or exporter) from the DATE • I am aware that U.S. law (including, but
producer regarding the source of the not limited to, 18 U.S.C. 1001) imposes
substrate used to produce the imported Appendix IV criminal sanctions on individuals who
products); knowingly and willfully make material false
• The corrosion-resistant steel products Exporter Certification statements to the U.S. government.
produced in Vietnam that are covered by this I hereby certify that: Signature
certification do not contain hot-rolled or • My name is {INSERT COMPANY lllllllllllllllllllll
cold-rolled steel substrate produced in the OFFICIAL’S NAME HERE} and I am an
People’s Republic of China; official of {INSERT NAME OF EXPORTING NAME OF COMPANY OFFICIAL
• I understand that {INSERT IMPORTING COMPANY}; lllllllllllllllllllll
COMPANY NAME} is required to maintain • This certification pertains to {INSERT TITLE
a copy of this certification and sufficient INVOICE NUMBER(S) TO U.S. CUSTOMERS lllllllllllllllllllll
documentation supporting this certification AND PRODUCT CODE(S) REFERENCED ON
(i.e., documents maintained in the normal DATE
INVOICE};
course of business, or documents obtained by • I have direct personal knowledge of the [FR Doc. 2018–11028 Filed 5–22–18; 8:45 am]
the certifying party, for example, mill facts regarding the production and BILLING CODE 3510–DS–P
certificates, productions records, invoices, exportation of the corrosion-resistant steel
etc.) for the later of (1) a period of five years products from the Socialist Republic of
from the date of entry or (2) a period of three Vietnam (Vietnam) that shipped pursuant to DEPARTMENT OF COMMERCE
years after the conclusion of any litigation in {INSERT INVOICE NUMBER(S) TO U.S.
the United States courts regarding such CUSTOMERS} and are covered by this National Oceanic and Atmospheric
entries; certification. ‘‘Direct personal knowledge’’ Administration
• I understand that {INSERT IMPORTING for purposes of this certification refers to
COMPANY NAME} is required to provide facts in records maintained by the exporting Notice of 30-day Public Comment
this certification and supporting records, company in the normal course of its
Period on an Addendum to the
upon request, to U.S. Customs and Border business. For example, an exporter should
Protection (CBP) and/or the Department of have ‘‘direct personal knowledge’’ of the Portland Harbor Damage Assessment
Commerce (Commerce); producer’s identity and location. Plan
• I understand that {INSERT IMPORTING • The corrosion-resistant steel products AGENCY: National Ocean Service,
COMPANY NAME} is required to maintain produced in Vietnam that are covered by this
National Oceanic and Atmospheric
a copy of the Exporter’s Certification for the certification do not contain hot-rolled or
later of (1) a period of five years from the date cold-rolled steel substrate produced in the Administration, U.S. Department of
of entry or (2) a period of three years after People’s Republic of China. Commerce.
the conclusion of any litigation in United • I understand that {INSERT NAME OF ACTION: Notice of Public Comment
States courts regarding such entries; EXPORTING COMPANY} is required to Period.
• I understand that {INSERT IMPORTING maintain a copy of this certification and
COMPANY NAME} is required to maintain sufficient documentation supporting this SUMMARY: On June 1, 2010 NOAA and
and provide a copy of the Exporter’s certification (i.e., documents maintained in its co-members of the Portland Harbor
Certification and supporting records, upon the normal course of business, or documents Trustee Council (Trustee Council)
request, to CBP and/or the Department; obtained by the certifying party, for example, published the ‘‘Portland Harbor
daltland on DSKBBV9HB2PROD with NOTICES
• I understand that the claims made mill certificates, productions records, Superfund Site Natural Resource
herein, and the substantiating invoices, etc.) for the later of (1) a period of Damage Assessment Plan’’, which set
documentation, are subject to verification by five years from the date of entry or (2) a
CBP and/or Commerce; period of three years after the conclusion of
forward the Trustee Council’s approach
• I understand that failure to maintain the any litigation in the United States courts for assessing natural resource damages
required certification and/or failure to regarding such entries; at the Portland Harbor Superfund Site in
substantiate the claims made herein will • I understand that {INSERT NAME OF cooperation with potentially responsible
result in: EXPORTING COMPANY} must provide this parties in order to resolve natural
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![Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices 23899
resource damages liability through legal risks associated with consumption of and resultant public losses, (4) baseline
settlements. various fish species commonly targeted conditions and time required for the
Through today’s notice, NOAA is by anglers. Addendum 2 to the Damage resources to recover to baseline, and (5)
announcing: (1) An addendum to the Assessment Plan sets forth the approach the cost or value of restoring injured
plan that provides for additional efforts the Trustee Council will apply to resources. These methods facilitate
to complete the assessment of natural completing the damage assessment calculation of natural resource damages.
resource damages for lost ecological and process to resolve natural resource 43 CFR 11.60–11.84.
human use services resulting from damages liability with non-settling Dated: May 16, 2018.
releases of hazardous substances and oil parties.
David Westerholm,
to the lower Willamette River in The Trustee Council is composed of
Portland, Oregon; and (2) a provision of Federal, state and tribal natural resource Director, Office of Response and Restoration.
a 30-day period for public comment on trustees. Members of the Trustee [FR Doc. 2018–11075 Filed 5–22–18; 8:45 am]
the addendum. Council include the U.S. Department of BILLING CODE 3510–JE–P
ADDRESSES: Comments are sought on the the Interior, acting through the U.S. Fish
new addendum to the damage and Wildlife Service (USFWS); the U.S.
assessment plan and should be emailed Department of Commerce, acting DEPARTMENT OF COMMERCE
to Robert.Neely@noaa.gov with the through NOAA; the State of Oregon; the
Confederated Tribes of the Grand Ronde National Oceanic and Atmospheric
subject line: ‘‘Comments on Addendum Administration
to the Portland Harbor Natural Resource Community of Oregon; the Confederated
Damage Assessment Plan.’’ Comments Tribes of Siletz Indians; the RIN 0648–XG240
may also be mailed to: Rob Neely of Confederated Tribes of the Umatilla
NOAA Western Region Center, 7600 Indian Reservation; the Confederated South Atlantic Fishery Management
Sand Point Way, Building 1, Seattle, Tribes of the Warm Springs Reservation Council; Public Meeting
WA, 98118. The addendum is found at: of Oregon; and the Nez Perce Tribe. The AGENCY: National Marine Fisheries
https://casedocuments.darrp.noaa.gov/ Comprehensive Environmental Service (NMFS), National Oceanic and
northwest/portharbor/pdf/Portland_ Response, Compensation, and Liability Atmospheric Administration (NOAA),
Harbor_Addendum_to_Nat_Res_ Act (CERCLA), 42 U.S.C. 9601 et seq.; Commerce.
Damage_Assess_Plan_0309_2018_ the Oil Pollution Act (OPA) of 1990, 33
ACTION: Meeting of the South Atlantic
Public.pdf U.S.C. 2701 et seq.; the Clean Water Act
(CWA), 33 U.S.C. 1251; the National Oil Fishery Management Council.
SUPPLEMENTARY INFORMATION: On and Hazardous Substances Pollution
December 1, 2000 the U.S. SUMMARY: The South Atlantic Fishery
Contingency Plan [National Management Council (Council) will
Environmental Protection Agency Contingency Plan (NCP)], 40 CFR 300,
placed Portland Harbor on the National hold meetings of the following:
Subpart G; Executive Orders 12580 and Personnel Committee (Closed Session);
Priorities List, thus designating it as a 12777; and other applicable federal and
Superfund Site. Since the early 1900s Scientific and Statistical Committee
state laws and regulations, provide a (SSC) Selection Committee (Closed
numerous industrial facilities have legal framework for the Trustee
operated in the vicinity of the lower Session); Southeast Data, Assessment
Council’s actions. and Review (SEDAR) Committee
Willamette River from its confluence Under the federal regulations, the
with the Columbia River at river mile 0 (Partially Closed Session); Citizen
Trustee Council can elect to perform a Science Committee (Partially Closed
upstream to downtown Portland at Type A or Type B injury assessment.
approximately river mile 14. Activities Session); Spiny Lobster Committee; Law
Type A assessment procedures use Enforcement Commitment; Habitat
have included ship building, repair and simplified model assumptions to assess
maintenance; energy generation; oil and Protection and Ecosystem-Based
injuries that result from a single event
gas transfer and storage; pesticide Management Committee; Snapper
or short-term exposure. Releases of
production; port operations; and others. Grouper Committee; Joint Habitat
hazardous substances from the Site have
These activities have resulted in the Ecosystem, Shrimp, and Golden Crab
occurred from multiple sources over
release of hazardous substances and oil Committees; Highly Migratory Species
many decades, resulting in complex
to the Portland Harbor. (HMS) Committee; Mackerel Cobia
exposure conditions impacting aquatic
Examples of contaminants of concern Committee; Standard Operating, Policy,
and upland media and associated
released to the Portland Harbor include and Procedure (SOPPs) Committee; and
complex food webs. Therefore, the
polychlorinated biphenyls (PCBs), the Executive Finance Committee. The
Trustee Council previously elected to
pesticides, metals, polycyclic aromatic Council will meet as a Committee of the
perform a Type B assessment, the
hydrocarbons, and semi-volatile organic procedures for which require ‘‘more Whole to address the Acceptable
compounds. Natural resources such as extensive field observation than the Biological Catch (ABC) Control Rule and
benthic invertebrates, migratory fish Type A procedures.’’ 43 CFR 11.33(b). have a meeting of the full Council.
(such as juvenile Chinook salmon), The Council will also hold an
This assessment method includes injury
resident fish (such as sculpin), mink, informal Question and Answer Session,
determination, quantification, and
osprey and bald eagles exposed to these a formal public comment session, and
damage determination. Because
compounds can potentially be harmed take action as necessary. A For-Hire
substantial Site-specific data already
as a result. In addition, hazardous exist to support the assessment, a Type Electronic Reporting Outreach Training
substances released to the Portland B assessment can be conducted for the Session will also be held.
daltland on DSKBBV9HB2PROD with NOTICES
Harbor have resulted have reduced the Site at a reasonable cost. The federal DATES: The Council meeting will be
human use services (e.g., recreational regulations for a Type B assessment held from 1:30 p.m. on Sunday, June 10,
fishing, recreational boating, tribal uses) outline methods for determining (1) 2018 until 1 p.m. on Friday, June 15,
provided by the lower Willamette River. pathways through which hazardous 2018.
In addition, fish consumption advisories substances released by PLPs expose ADDRESSES:
related to hazardous substances have natural resources, (2) injuries to natural Meeting address: The meeting will be
been issued to the public warning of the resources, (3) the extent of those injuries held at the Bahia Mar Doubletree by
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Document Created: 2018-05-22 23:49:17
Document Modified: 2018-05-22 23:49:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Public Comment Period. | |
| FR Citation | 83 FR 23898 |
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