Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 6765 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 11, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

the EPA can withdraw this direct final 

rule and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 24, 2015. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(199)(i)(E)(3), 

(c)(303)(i)(B)(3), and (c)(463)(i)(B)(2) and 

(3) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(199) * * * 

(i) * * * 

(E) * * * 

(3) Previously approved on September 

3, 1998, in paragraph (c)(199)(i)(E)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(463)(i)(B)(3) of this section, Rule 

2.34, ‘‘Stationary Gas Turbines,’’ 

adopted on July 13, 1994. 

* * * * * 

(303) * * * 

(i) * * * 

(B) * * * 

(3) Previously approved on January 

23, 2003, in paragraph (c)(303)(i)(B)(1) 

of this section and now deleted with 

replacement in paragraph 

(c)(463)(i)(B)(2) of this section, Rule 

2.22, ‘‘Gasoline Dispensing Facilities,’’ 

revised on June 12, 2002. 

* * * * * 

(463) * * * 

(i) * * * 

(B) * * * 

(2) Rule 2.22, ‘‘Gasoline Dispensing 

Facilities,’’ revised on January 14, 2015. 

(3) Rule 2.34, ‘‘Stationary Gas 

Turbines,’’ revised on November 12, 

2014. 

* * * * * 

[FR Doc. 2016–02421 Filed 2–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2015–0309; FRL–9941–82– 

OAR] 

RIN 2060–AS68 

Protection of Stratospheric Ozone: 

Revisions To Reporting and 

Recordkeeping for Imports and 

Exports 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on minor conforming edits to the 

stratospheric protection regulations to 

implement the International Trade Data 

System. This system allows businesses 

to transmit the transactional data 

required by multiple Federal agencies 

for the import and export of cargo 

through a single ‘‘window.’’ As 

businesses currently must submit trade 

data to multiple agencies, in multiple 

ways, and often on paper, the transition 

to electronic filing is expected to save 

businesses time and money. 

Specifically, this rule removes the 

requirement that the petition for used 

ozone-depleting substances accompany 

the shipment through U.S. Customs and 

removes references to Customs forms 

that are obsolete under the new system. 

DATES: This rule is effective on May 9, 

2016 without further notice, unless EPA 

receives adverse comment by March 10, 

2016. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2015–0309, at http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Arling by regular mail: U.S. 

Environmental Protection Agency, 

Stratospheric Protection Division 

(6205T), 1200 Pennsylvania Avenue 

NW., Washington, DC, 20460; by 

telephone: (202) 343–9055; or by email: 

arling.jeremy@epa.gov. You may also 

visit the EPA’s Ozone Protection Web 

site at www.epa.gov/ozone/ 

strathome.html for further information 

about EPA’s Stratospheric Ozone 

Protection regulations, the science of 

ozone layer depletion, and other related 

topics. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. This 

rule is intended to make minor changes 

like the removal of references to U.S. 

Customs forms that will no longer be 

available when the electronic 

International Trade Data System is 

implemented. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to make these edits if 

adverse comments are received on this 

direct final rule. We will not institute a 

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6766 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 

1 ‘‘Consumption’’ is defined as the amount of a 

substance produced in the United States, plus the 

amount imported into the United States, minus the 

amount exported from the United States to other 

Parties to the Montreal Protocol (see section 601(6) 

of the Clean Air Act). 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

B. Does this action apply to me? 

This rule may affect the following 

categories: Industrial Gas Manufacturing 

entities (NAICS code 325120), including 

fluorinated hydrocarbon gas 

manufacturers, importers, and 

exporters; Other Chemical and Allied 

Products Merchant Wholesalers (NAICS 

code 424690), including chemical gases 

and compressed gases merchant 

importers and exporters; and refrigerant 

reclaimers or other such entities that 

might import virgin, recovered, or 

reclaimed refrigerant gas. 

This list is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

regulated by this action. To determine 

whether your facility, company, 

business, or organization could be 

regulated by this action, you should 

carefully examine the regulations 

promulgated at 40 CFR part 82, subpart 

A. If you have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding section. 

C. Overview of the International Trade 

Data System 

In 2006, U.S. Customs and Border 

Protection (CBP) began automating 

processes for the import and export of 

goods to improve the control of what 

enters and leaves the U.S., as well as to 

improve efficiency. Launched under the 

Security and Accountability for Every 

Port Act of 2006 (SAFE Port Act, Pub. 

L. 109–347) and the 2007 Import Safety 

Executive Order 13439, the multiagency program called the International 

Trade Data System (the ITDS) assists 48 

Federal agencies with import/export 

responsibilities in their efforts to 

integrate import and export cargo 

processing with CBP’s Automated 

Commercial Environment (ACE) for 

imports, and the Automated Export 

System (AES) for exports. 

On February 19, 2014, the White 

House issued E.O. 13659 titled 

‘‘Streamlining the Export/Import 

Process for America’s Businesses.’’ 

Under E.O. 13659, participating 

agencies must have all requirements in 

place and in effect to utilize the ITDS, 

which includes the ACE and the AES 

systems for receiving documentation 

required for the release of imported 

cargo and the clearance of cargo for 

export, no later than December 31, 2016. 

Under the ITDS, agencies with 

existing paper-based import and export 

clearance procedures at the port of exit 

or entry are working with CBP to enable 

electronic filing and processing of the 

import or export shipments based on 

one set of submitted data that can then 

be checked against all relevant U.S. 

agency requirements. 

D. Overview of Import Requirements 

Under the Stratospheric Protection 

Program 

The Montreal Protocol on Substances 

that Deplete the Ozone Layer (Montreal 

Protocol, or Protocol) is the 

international agreement to reduce and 

eventually eliminate the global 

production and consumption 1 of ozonedepleting substances (ODS). This goal is 

accomplished through adherence by 

each Party to the Protocol to phaseout 

schedules for specific controlled 

substances. The Montreal Protocol is 

implemented in the United States 

through Title VI of the Clean Air Act. 

EPA issues allowances for the 

production and consumption of ODS 

under sections 604 and 605 of the Clean 

Air Act. An allowance represents the 

privilege granted to a company to 

produce or import one kilogram of the 

specific substance in a given year. EPA 

establishes the number of allowances 

issued to companies through 

rulemaking. EPA maintains a balance of 

unexpended allowances through the 

ODS Tracking System based on 

production, import, and export data 

reported to the Agency quarterly. 

At the present time, allowances are 

required for the import of class II 

controlled substances, all of which are 

hydrofluorocarbons (HCFCs), and for 

the import of methyl bromide for critical 

uses. Allowances are not required, 

however, for the import of used 

controlled substances. Used controlled 

substances are defined as ‘‘substances 

that have been recovered from their 

intended use systems (may include 

controlled substances that have been, or 

may be subsequently, recycled or 

reclaimed)’’ (40 CFR 82.3). Imports of 

used controlled substances are regulated 

under § 82.13(g)(2) (for imports of used 

Class I controlled substances) and 

§ 82.24(c)(3) (for imports of used Class 

II controlled substances). Persons 

seeking to import used controlled 

substances are required to submit a 

petition to the Agency. The petition to 

import a used controlled substance must 

contain detailed information such as the 

previous use of the substance, including 

the identity of all previous source 

facilities from which the material was 

recovered. After review, EPA issues 

either a ‘‘non-objection notice’’ allowing 

the import to proceed or an ‘‘objection 

notice’’ prohibiting the import. 

II. How is EPA integrating ODS import 

and export requirements with the 

ITDS? 

For purposes of the ITDS, there are 

three pathways for the import of ozone 

depleting substances: Imports that 

require allowances; Imports that require 

a ‘‘non-objection’’ notice issued by EPA; 

and imports that do not require any 

documentation to be reviewed by CBP 

officers. The distinctions between these 

three categories relate to the type of 

documentation reviewed by CBP upon 

entry of the shipment. In all instances 

the recordkeeping and quarterly and/or 

annual reporting requirements under 40 

CFR part 82, subpart A continue to 

apply. 

A. Imports That Require Allowances 

Importers are not required to present 

documentation of allowances to CBP 

upon import. Some companies choose 

to include allowance balance statements 

provided by EPA with documentation 

accompanying the import. This is not a 

requirement of EPA’s regulations but is 

done by the importer to facilitate the 

entry of the shipment. Under the ITDS, 

providing a paper copy of an allowance 

statement will be unnecessary as 

information being provided for the CBP 

entry and TSCA certification parts of the 

filing allow EPA to verify whether the 

importer has an allowance for the 

import. 

EPA is not changing the reporting and 

recordkeeping requirements in 40 CFR 

part 82, subpart A to integrate these 

ODS imports into the ITDS. Importers 

are not required to provide a statement 

of allowances to CBP and this would not 

change under the ITDS. 

B. Imports That Require a NonObjection Notice 

For imports of used controlled 

substances, current regulations require 

that the petition and non-objection 

notice ‘‘accompany the shipment 

through U.S. Customs.’’ EPA is 

removing the requirement that the 

petition accompany the shipment 

through U.S. Customs. EPA does not 

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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 6767 

believe that the detailed information in 

a petition to import used ODS is 

necessary for CBP to make a 

determination about whether the import 

should enter the U.S. EPA’s decision to 

allow an import of used ODS is stated 

in the non-objection notice. Therefore, 

EPA would still require that the nonobjection notice accompany the 

shipment through Customs. 

One component of the ITDS is the 

Document Image System (DIS) which 

allows the importer or their broker to 

file and an agency to view the image of 

a document, as it appears on paper, 

without paper needing to physically be 

provided. Under the ITDS, the nonobjection notice would be filed to the 

DIS. Because this document would be 

available to CBP, EPA finds that filing 

a non-objection notice to the DIS meets 

the requirements in § 82.13(g)(3)(v) and 

§ 82.24(c)(4)(v) that the non-objection 

notice ‘‘accompany the shipment.’’ 

Therefore, the only change EPA is 

making to the recordkeeping and 

reporting requirements in 40 CFR part 

82, subpart A to implement the ITDS is 

to remove the requirement that the 

petition accompany the shipment. 

C. Imports Without CBP Documentation 

A third category of ODS imports do 

not require verification by CBP. These 

include ODS that fall under the 

following exemptions: Imports for 

purposes of transformation or 

destruction; imports for laboratory and 

analytical uses; heels or transshipments; 

and methyl bromide imported under the 

quarantine and preshipment exemption. 

EPA is not making any changes to the 

reporting and recordkeeping 

requirements in 40 CFR part 82, subpart 

A to integrate these ODS imports into 

the ITDS. 

D. Other Changes To Conform to the 

ITDS 

EPA is making minor changes to the 

stratospheric protection regulations at 

40 CFR part 82, subpart A, to remove 

references to U.S. Customs Service 

forms that will no longer exist when the 

ITDS is implemented. 

Definition of Importer 

The definition of importer at 40 CFR 

82.3 and 82.104 includes the importer of 

record ‘‘listed on U.S. Customs Service 

forms’’ for the import. The definition of 

importer would still include the 

importer of record but because CBP will 

no longer be maintaining forms, EPA is 

removing the clause referencing the 

Customs Service forms. This change 

does not affect the scope of who would 

be considered an importer for the 

purposes of 40 CFR part 82. 

Recordkeeping and Reporting 

Requirements 

The recordkeeping and reporting 

requirements at 40 CFR 82.13(g)(1) and 

82.24(c)(2) state that an importer of 

Class I and Class II controlled 

substances, respectively, must maintain 

the U.S. Customs entry form. Under the 

ITDS, the entry form will no longer 

exist. EPA uses the Customs entry form 

to verify that a shipment of ODS has 

been properly imported into the United 

States. EPA believes that some type of 

verifying information is necessary and 

to the benefit of the importer if the 

origin of the controlled substance is ever 

in question. In order for the Agency to 

identify an individual shipment within 

the ITDS, EPA is replacing the 

requirement to keep a record of the 

Customs form with the requirement to 

keep a record of the entry number. This 

will still be generated by the ITDS and 

will help EPA to identify the specific 

shipment within the ITDS. 

Similarly, the recordkeeping and 

reporting requirements at 40 CFR 

82.13(g)(3)(viii) and 82.24(c)(4)(viii) 

state that an importer of used Class I 

and Class II controlled substances, 

respectively, must maintain the U.S. 

Customs entry documents for the 

import. For the reasons discussed above, 

EPA is removing the recordkeeping 

requirements for the U.S. Customs entry 

documents but is substituting the 

requirement to maintain the entry 

number for the shipment of used ODS. 

In addition, reporting requirements 

for exporters of class II substances under 

§ 82.24(d)(2) (related to export 

production allowances) or § 82.24(d)(3) 

(related to Article 5 allowances) 

reference the Shipper’s Export 

Declaration Form and U.S. Customs 

Form 7525 as locations for the Employer 

Identification Number (EIN) of the 

shipper or their agent. EPA is removing 

references to these two forms but is 

maintaining the requirement that the 

EIN be provided. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA because the requirements to 

maintain entry numbers and EINs are a 

subset of the previous requirements to 

maintain forms containing this 

information. OMB has previously 

approved the information collection 

activities contained in the existing 

regulations and has assigned OMB 

control number 2060–0170 and 2060– 

0438. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This action 

makes minor changes to recordkeeping 

and reporting requirements to remove 

references to U.S. Customs forms and 

other small edits. 

D. Unfunded Mandates Reform Act 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

This action merely makes minor 

changes to recordkeeping and reporting 

requirements to remove references to 

U.S. Customs forms and other small 

edits. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rule does not 

significantly or uniquely affect the 

communities of Indian tribal 

governments, nor does it impose any 

enforceable duties on communities of 

Indian tribal governments. This action 

makes minor changes to recordkeeping 

and reporting requirements to remove 

references to U.S. Customs forms and 

other small edits. Thus, Executive Order 

13175 does not apply to this action. 

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6768 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy. 

This action makes minor changes to 

recordkeeping and reporting 

requirements to remove references to 

U.S. Customs forms and other small 

edits. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. This 

action makes minor changes to 

recordkeeping and reporting 

requirements to remove references to 

U.S. Customs forms and other small 

edits. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Chemicals, 

Imports, Ozone, Reporting and 

recordkeeping requirements. 

Dated: January 21, 2016. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, 40 CFR part 82 is amended as 

follows: 

PART 82—PROTECTION OF 

STRATOSPHERIC OZONE 

■ 1. The authority citation for part 82 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

■ 2. In § 82.3, revise the definition for 

‘‘Importer’’ to read as follows: 

§ 82.3 Definitions for class I and class II 

controlled substances. 

* * * * * 

Importer means any person who 

imports a controlled substance or a 

controlled product into the United 

States. ‘‘Importer’’ includes the person 

primarily liable for the payment of any 

duties on the merchandise or an 

authorized agent acting on his or her 

behalf. The term also includes, as 

appropriate: 

(1) The consignee; 

(2) The importer of record; 

(3) The actual owner; or 

(4) The transferee, if the right to draw 

merchandise in a bonded warehouse has 

been transferred. 

* * * * * 

■ 3. In § 82.13, revise paragraphs 

(g)(1)(xii), (g)(3)(v), and (g)(3)(viii)(D) to 

read as follows: 

§ 82.13 Recordkeeping and reporting 

requirements for class I controlled 

substances. 

* * * * * 

(g) * * * 

(1) * * * 

(xii) The U.S. Customs entry number; 

* * * * * 

(3) * * * 

(v) To pass the approved used class I 

controlled substances through U.S. 

Customs, the non-objection notice 

issued by EPA must accompany the 

shipment through U.S. Customs. 

* * * * * 

(viii) * * * 

(D) The U.S. Customs entry number. 

* * * * * 

■ 4. In § 82.24, revise paragraphs 

(c)(2)(xiii), (c)(4)(v), (c)(4)(viii)(D), 

(d)(2)(i), and (d)(3)(i) to read as follows: 

§ 82.24 Recordkeeping and reporting 

requirements for class II controlled 

substances. 

* * * * * 

(c) * * * 

(2) * * * 

(xiii) The U.S. Customs entry number; 

* * * * * 

(4) * * * 

(v) To pass the approved used class II 

controlled substances through U.S. 

Customs, the non-objection notice 

issued by EPA must accompany the 

shipment through U.S. Customs. 

* * * * * 

(viii) * * * 

(D) The U.S. Customs entry number. 

* * * * * 

(d) * * * 

(2) * * * 

(i) The Employer Identification 

Number of the shipper or their agent; 

* * * * * 

(3) * * * 

(i) The Employer Identification 

Number of the shipper or their agent; 

and 

* * * * * 

■ 5. In § 82.104, revise paragraph (m)(2) 

to read as follows: 

§ 82.104 Definitions. 

* * * * * 

(m) * * * 

(2) The importer of record; 

* * * * * 

[FR Doc. 2016–02321 Filed 2–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9936– 

89–Region 8] 

National Oil and Hazardous Substance 

Pollution Contingency Plan: Partial 

Deletion of the California Gulch 

Superfund Site; National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) Region 8 is 

publishing a direct final Notice of 

Partial Deletion of Operable Unit 1 

(OU1) Yak Tunnel/Water Treatment 

Plant; and Operable Unit 3 (OU3), 

Denver & Rio Grande Western Railroad 

Company (D&RGW) Slag Piles/Railroad 

Easement/Railroad Yard, of the 

California Gulch Superfund Site (Site), 

located in Lake County, Colorado, from 

the National Priorities List (NPL). The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

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