83_FR_23998 83 FR 23898 - Notice of 30-day Public Comment Period on an Addendum to the Portland Harbor Damage Assessment Plan

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)

Page Range23898-23899
FR Document2018-11075

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 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.

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)
[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]


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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


                                          VerDate Sep<11>2014   17:33 May 22, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\23MYN1.SGM   23MYN1


                                                                           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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Public Comment Period.
FR Citation83 FR 23898 

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