[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR11.93]
[Page 275-281]
TITLE 43--PUBLIC LANDS: INTERIOR
PART 11--NATURAL RESOURCE DAMAGE ASSESSMENTS--Table of Contents
Subpart F--Post-Assessment Phase
Sec. 11.93 Post-assessment phase--restoration plan.
(a) Upon determination of the amount of the award of a natural
resource damage claim as authorized by section 107(a)(4)(C) of CERCLA,
or sections 311(f)(4) and 311(f)(5) of the CWA, the authorized official
shall prepare a Restoration Plan as provided in section 111(i) of
CERCLA. The plan shall be based upon the Restoration and Compensation
Determination Plan described in Secs. 11.81 of this part. The Plan shall
describe how the monies will be used to address natural resources,
specifically what restoration, rehabilitation, replacement, or
acquisition of the equivalent resources will occur. When damages for
compensable value have been awarded, the Plan shall also describe how
monies will be used to address the services that are lost to the public
until restoration, rehabilitation, replacement, and/or acquisition of
equivalent resources is completed. The Restoration Plan shall be
prepared in accordance with the guidance set forth in Sec. 11.81 of this
part.
(b) No restoration activities shall be conducted by Federal agencies
that would incur ongoing expenses in excess of those that would have
been incurred under baseline conditions and that cannot be funded by the
amount included in the separate account established pursuant to
Sec. 11.92(a) of this part unless such additional monies are
appropriated through the normal appropriations process.
(c) Modifications may be made to the Restoration Plan as become
necessary as the restoration proceeds. Significant modifications shall
be made available for review by any responsible party,
[[Page 276]]
any affected natural resource trustees, other affected Federal or State
agencies or Indian tribes, and any other interested members of the
public for a period of at least 30 days, with reasonable extensions
granted as appropriate, before tasks called for in the modified plan are
begun.
(d) If the measure of damages was determined in accordance with
subpart D, the restoration plan may describe actions to be taken that
are to be financed from more than one damage award, so long as the
actions are intended to address the same or similar resource injuries as
those identified in each of the subpart D assessment procedures that
were the basis of the awards.
[51 FR 27725, Aug. 1, 1986, as amended at 52 FR 9100, Mar. 20, 1987; 53
FR 5176, Feb. 22, 1988; 59 FR 14287, Mar. 25, 1994]
Appendix I to Part 11--Methods for Estimating the Areas of Ground Water
and Surface Water Exposure During the Preassessment Screen
This appendix provides methods for estimating, as required in
Sec. 11.25 of this part, the areas where exposure of ground water or
surface water resources may have occurred or are likely to occur. These
methods may be used in the absence of more complete information on the
ground water or surface water resources.
Ground Water
The longitudinal path length (LPL) factors in table 1 are to be
applied in estimating the area potentially exposed downgradient of the
known limit of exposure or of the boundary of the site. Estimates of
lateral path width (LPW) are to be used when the LPW exceeds the width
of the plume as determined from available data, or when the width of the
plume at the boundary of the site is estimated as less than the LPW. In
the absence of data to the contrary, the largest values of LPL and LPW
consistent with the geohydrologic data available shall be used to make
the estimates required in the preassessment screen. An example
computation using the LPL and LPW factors follows table 1.
Table 1--Factors for Estimation of Areas Potentially Exposed Via the Ground Water Pathway
----------------------------------------------------------------------------------------------------------------
Hydraulic
Hyd. conductiv- gradient Time since Longitudinal
Aquifer type ity/porosity estimate release path length Lateral path width (in
factor (miles/ (feet/ began (in (in feet) feet)
year) mile) years)
----------------------------------------------------------------------------------------------------------------
Sand......................... 50 x......... x......... = ............ LPW=0.2LPL
Sand+silt.................... 0.5 x......... x......... = ............ LPW=0.3LPL
Gravel....................... 6000 x......... x......... = ............ LPW=0.2LPL
Sandstone.................... 0.01 x......... x......... = ............ LPW=0.4LPL
Shale........................ 3x10-\6\ x......... x......... = ............ LPW=0.8LPL
Karst Limestone or Dolomite.. 10 x......... x......... = ............ LPW=0.2LPL
Limestone or Dolomite........ 0.01 x......... x......... = ............ LPW=0.4LPL
Fractured Crystalline Rocks.. 0.3 x......... x......... = ............ LPW=0.3LPL
Dense Crystalline Rocks...... 1x10-5 x......... x......... = ............ LPW=0.8LPL
----------------------------------------------------------------------------------------------------------------
Example of Computation for Estimating the Area Potentially Exposed via
Ground Water Pathway
A release of hazardous substances occurs from a facility located in
a glacial valley. Available data indicate the release may have occurred
intermittently over a period of almost 1 year, although only one well
about 300 feet downgradient of the facility boundary had detectable
quantities of contaminants. The contaminated well is screened in the
water table aquifer composed of gravelly sands. The facility boundary
nearest the contaminated well is almost 3,000 feet in length, but a
review of available data determined the release is probably localized
along a 500-foot section of the boundary where a stream leaves the
facility. Available water table data indicate hydraulic gradients in the
valley range from 0.005 feet/mile up to 0.25 feet/mile near pumping
wells. No pumping wells are known to be located near the release, and a
mean hydraulic gradient of 0.1 feet/mile is estimated in the vicinity of
the release site.
[[Page 277]]
Using the gravel factor from table 1, the LPL and LPW are estimated:
6000x0.1x1=600 feet (LPL)
and
600x0.2=120 feet (LPW).
Since the estimated LPW (120 feet) is less than the plume width (500
feet) determined from other available data, the greater number is used
to compute the area potentially exposed:
(1) 600 feetx500 feet=300,000 square feet (about 6.9 acres). The
available information allows an initial determination of area
potentially exposed via the ground water pathway to be estimated:
(2) 300 feetx500 feet=150,000 square feet (about 3.5 acres).
The total area potentially exposed is the sum of (1) and (2):
6.9+3.5=10.4 acres.
Surface Water
The area of surface water resources potentially exposed should be
estimated by applying the principles included in the examples provided
below.
Example 1: A release occurs and most of the oil or hazardous
substance enters a creek, stream, or river instantaneously or over a
short time interval (pulse input is assumed). The maximum concentration
at any downstream location, past the initial mixing distance, is
estimated by:
Cp=25(Wi)/(T0.7 Q)
where Cp is the peak concentration, in milligrams/liter (mg/
L),
Wi is the total reported (or estimated) weight of the
undiluted substance released, in pounds,
Q is the discharge of the creek, stream, or river, in cubic feet/second,
and
T is the time, in hours, when the peak concentration is estimated to
reach a downstream location L, in miles from the entry point.
The time T may be estimated from:
T=1.5(L)/Vs
where T and L are defined as above and
Vs is the mean stream velocity, in feet per second.
The mean stream velocity may be estimated from available discharge
measurements or from estimates of slope of the water surface S (foot
drop per foot distance downstream) and estimates of discharge Q (defined
above) using the following equations:
for pool and riffle reaches
Vs=0.38(Q0.40)(S0.20), or
for channel-controlled reaches
Vs=2.69(Q0.26)(S0.28).
Estimates of S may be made from the slope of the channel, if necessary.
As the peak concentrations become attenuated by downstream
transport, the plume containing the released substance becomes
elongated. The time the plume might take to pass a particular point
downstream may be estimated using the following equation:
Tp=9.25x106 Wi/(QCp)
where
Tp is the time estimate, in hours, and Wi,
Cp, and Q are defined above.
Example 2: A release occurs and most of the oil or hazardous
substance enters a creek, stream, or river very slowly or over a long
time period (sustained input assumed). The maximum concentration at any
downstream location, past the initial mixing distance, is estimated by:
Cp=C(q)/(Q+
where Cp and Q are defined above,
C is the average concentration of the released substance during the
period of release, in mg/L, and
q is the discharge rate of the release into the streamflow, in cubic
feet/second.
For the above computations, the initial mixing distance may be estimated
by:
Lm=(1.7x10-5)Vs B2/
(D1.5 S0.5)
where
Lm is the initial mixing distance, in miles,
Vs is defined above,
B is the average stream surface width, in ft,
D is the mean depth of the stream, in ft, and
S is the estimated water-surface slope, in ft/ft.
Example 3: A release occurs and the oil or hazardous substance
enters a pond, lake, reservoir, or coastal body of water. The
concentration of soluble released substance in the surface water body
may be estimated by:
Cp=CVc/(Vw+Vc)
where
Cp and C are defined above,
Vc is the estimated total volume of substance released, in
volumetric units, and
Vw is the estimated volume of the surface water body, in the
same volumetric units used for Vc.
[51 FR 27725, Aug. 1, 1986, as amended at 52 FR 9100, Mar. 20, 1987]
Appendix II to Part 11--Format for Data Inputs and Modifications to the
NRDAM/CME
This appendix specifies the format for data inputs and modifications
to the NRDAM/CME under Sec. 11.41. Consult the back of this appendix for
definitions.
[[Page 278]]
Starting Point for the NRDAM/CME
The NRDAM/CME begins its calculations at the point that the released
substance entered water in an area represented by its geographic
database. Any water within the geographic boundaries of the NRDAM/CME is
a ``coastal or marine environment.'' The authorized official must
determine all data inputs and modifications as of the time and location
that the released substance entered a coastal or marine environment. In
the case of a release that began in water in an area within the
boundaries of the NRDAM/CME, this point will be the same as the point of
the release. However, for releases that begin on land or that begin
outside the boundaries of the NRDAM/CME, this point will not be the
point of the release but rather the point at which the released
substance migrates into a coastal or marine environment.
Required Data Inputs
Documentation of the source of the data inputs; and
Identity of Substance
For release of single substance:
Name of the substance that entered a coastal or marine environment
as it appears in Table 7.1, Volume I of the NRDAM/CME technical document
(incorporated by reference, see Sec. 11.18).
For releases of two or more substances or a release of a mixture of
two or more substances:
Name of only one of the substances that entered a coastal or marine
environment as it appears in Table 7.1, Volume I of the NRDAM/CME
technical document.
Mass or Volume
For release of single substance:
Mass or volume of identified substance that entered a coastal or
marine environment stated in tonnes, barrels, gallons, liters, pounds,
or kilograms.
For releases of two or more substances or a release of a mixture of
two or more substances:
Mass or volume of the one identified substance (rather than total
mass) that entered a coastal or marine environment stated in tonnes,
barrels, gallons, liters, pounds, or kilograms.
Duration
Length of time over which the identified substance entered a coastal
or marine environment stated in hours.
Time
Year, month, day, and hour when the identified substance first
entered a coastal or marine environment.
Location
Latitude and longitude, stated in degrees and decimal minutes, where
the identified substance entered a coastal or marine environment.
Winds
At least one set of data on prevailing wind conditions for each day
of the 30-day period beginning 24 hours before the identified substance
entered a coastal or marine environment. Each set must include:
Wind velocity stated in knots or meters per second; and
Corresponding wind direction stated in the degree angle of the
wind's origin.
[One possible source of information is the National Climatic Data
Center, Asheville, NC (703) 271-4800.]
Response Actions
If removed from water surface:
A rectangular geographic area encompassing the surface water area
over which the released substance was likely to have spread, stated in
terms of the northern- and southern-most latitude, and the eastern- and
western-most longitude;
One or more time frames for removal stated in terms of the number of
days and hours after the identified substance entered a coastal or
marine environment that removal began and ended; and
For each time frame, volume of the identified substance removed from
the water surface (not the total volume of contaminated water or
sediments removed) stated in barrels, gallons, or cubic meters.
If removed from shoreline:
A rectangular geographic area encompassing the shoreline area over
which the released substance was likely to have spread, stated in terms
of the northern- and southern-most latitude, and the eastern- and
western-most longitude;
One or more time frames for removal stated in terms of the number of
days and hours after the identified substance entered a coastal or
marine environment that removal began and ended; and
For each time frame, volume of the identified substance removed (not
the total volume of contaminated water or sediments removed) stated in
barrels, gallons, or cubic meters.
Closures
Documentation that the closure was ordered by an appropriate agency
as a result of the release;
Province(s) in which closure occurred; and
For beaches:
Whether the beach was Federal or State (including municipal or
county);
[[Page 279]]
Number of days of closure stated by calendar month; and
Length of shoreline closed, stated in kilometers, for each month in
which closure occurred.
For fisheries and shellfish harvest areas:
Whether area closed was seaward open water, landward open water, or
structured;
Number of days of closure; and
Area closed stated in square kilometers.
For furbearer hunting or trapping areas and waterfowl hunting areas:
Number of days of closure; and
Area closed stated in square kilometers.
Implicit Price Deflator
Quarterly implicit price deflator for the Gross National Product
(base year 1992) for the quarter in which the identified substance
entered a coastal or marine environment. [See the Survey of Current
Business, published by the U.S. Department of Commerce/Bureau of
Economic Analysis, 1441 L Street, NW, Washington, D.C., 20230, (202)
606-9900.]
Currents
For a rectangular geographic area encompassing the area affected by
the release stated in terms of the northern- and southern-most latitude,
and the eastern- and western-most longitude:
At least one set of data concerning background (mean) current
consisting of--
An east-west (U) velocity stated in centimeters per second or knots;
A north-south (V) velocity stated in centimeters per second or
knots; and
Latitude and longitude of the origin of the U and V velocity
components.
At least one set of data concerning tidal current at time of flood
stage (i.e., rising tide) consisting of--
An east-west (U) velocity stated in centimeters per second or knots;
A north-south (V) velocity stated in centimeters per second or
knots; and
Latitude and longitude of the origin of the U and V velocity
components.
[Possible sources of information are: the National Ocean Service, U.S.
Department of Commerce, Riverdale, MD (310) 436-6990; and the Eldridge
Tide and Pilot Book, Robert Eldridge White Publisher, Boston, MA (617)
742-3045.]
Tides
Hour of high tide on the day that the identified substance entered a
coastal or marine environment;
Tidal range at point that the identified substance entered a coastal
or marine environment stated in meters; and
Whether the tide in the area affected by the release is diurnal
(i.e., completes one full cycle every day) or semi-diurnal (i.e.,
completes two full cycles every day).
Modifications to the NRDAM/CME Databases (if Any)
Documentation of the source of the modification; and
For air temperature:
Air temperature, stated in degrees Celsius, assigned by the NRDAM/
CME at the point that the identified substance entered a coastal or
marine environment (see Table III.3.2, Volume III of the NRDAM/CME
technical document); and
Substitute air temperature stated in degrees Celsius.
For water temperature at the surface:
Water temperature at the surface, stated in degrees Celsius,
assigned by the NRDAM/CME at the point that the identified substance
entered a coastal or marine environment (see Table III.3.3, Volume III
of the NRDAM/CME technical document); and
Substitute water temperature stated in degrees Celsius.
For total suspended sediment concentration:
Total suspended sediment concentration, stated in milligrams per
liter, assigned by the NRDAM/CME at the point that the identified
substance entered a coastal or marine environment (see Section 3, Volume
I of the NRDAM/CME technical document); and
Substitute suspended sediment concentration stated in milligrams per
liter.
For mean settling velocity of suspended solids:
Mean settling velocity of suspended sediments, stated in meters per
day, assigned by the NRDAM/CME at the point that the identified
substance entered a coastal or marine environment (see Section 3, Volume
I of the NRDAM/CME technical document); and
Substitute suspended sediment concentration stated in milligrams per
liter.
For habitat type:
Latitude and longitude bounds of area for which the habitat type is
being modified;
Habitat type assigned by the NRDAM/CME (see Section 3.4, Volume III
of the NRDAM/CME technical document); and
Substitute habitat type.
For releases in Alaska, if the authorized official leaves the ice
modeling function off, he or she must provide documentation that ice was
absent at the site of the release.
Definitions
Background (mean) current--net long-term current flow (i.e., one
direction only), attributable to forces such as winds, river flow, water
density, and tides, that remains when all the oscillatory (tidal)
components have been removed either mathematically or by measurement
techniques.
Landward open water--a body of water that does not contain
vegetation (e.g., wetland, seagrass, or kelp) or invertebrate reef
(e.g., coral reef) and is classified as ``landward'' in
[[Page 280]]
Table 6.2, Volume I of the NRDAM/CME technical document.
Province--one of the geographic areas delineated in Table 6.1,
Volume I of the NRDAM/CME technical document.
Seaward open water--a body of water that does not contain vegetation
(e.g., wetlands, seagrass, or kelp) or invertebrate reef (e.g., coral
reef) and is classified as ``seaward'' in Table 6.2, Volume I of the
NRDAM/CME technical document.
Structured-- in an area that contains vegetation (e.g., wetlands,
seagrass, or kelp) or invertebrate reef (e.g., coral reef).
Tidal current--currents caused by alternating rise and fall of the
sea level due to the gravitational forces between the earth, moon, and
sun.
Tidal range--difference between the highest and lowest height of the
tide.
[61 FR 20612, May 7, 1996]
Appendix III to Part 11--Format for Data Inputs and Modifications to the
NRDAM/GLE
This appendix specifies the format for data inputs and modifications
to the NRDAM/GLE under Sec. 11.41. Consult the back of this appendix for
definitions.
Point of Analysis
The NRDAM/GLE begins its calculations at the point that the released
substance entered water in an area represented by its geographic
database. Any water within the geographic boundaries of the NRDAM/GLE is
a ``Great Lakes environment.'' The authorized official must determine
all data inputs and modifications as of the time and location that the
released substance entered a Great Lakes environment. In the case of a
release that began in water in an area within the boundaries of the
NRDAM/GLE, this point will be the same as the point of the release.
However, for releases that begin on land or that begin outside the
boundaries of the NRDAM/GLE, this point will not be the point of the
release but rather the point at which the released substance migrates
into a Great Lakes environment.
Required Data Inputs
Documentation of source of data inputs; and
Identity of Substance
For release of single substance:
Name of the released substance that entered a Great Lakes
environment as it appears in Table 7.1, Volume I of the NRDAM/GLE
technical document (incorporated by reference, see Sec. 11.18).
For releases of two or more substances or a release of a mixture of
two or more substances:
Name of only one of the released substances that entered a Great
Lakes environment as it appears in Table 7.1, Volume I of the NRDAM/GLE
technical document.
Mass or Volume
For releases of single substance:
Mass or volume of identified substance that entered a Great Lakes
environment stated in tonnes, barrels, gallons, liters, pounds, or
kilograms.
For releases of two or more substances or a release of a mixture of
two or more substances:
Mass or volume of the one identified substance (rather than total
mass) that entered a Great Lakes environment stated in tonnes, barrels,
gallons, liters, pounds, or kilograms.
Duration
Length of time over which the identified substance entered a Great
Lakes environment stated in hours.
Time
Year, month, day, and hour when the identified substance first
entered a Great Lakes environment.
Location
Latitude and longitude, stated in degrees and decimal minutes, where
the identified substance entered a Great Lakes environment.
Winds
At least one set of data on prevailing wind conditions for each day
of the 30-day period beginning 24 hours before the identified substance
entered a Great Lakes environment. Each set must include:
Wind velocity stated in knots or meters per second; and
Corresponding wind direction stated in the degree angle of the wind's
origin.
[One possible source of information is the National Climatic Data
Center, Asheville, NC (703) 271-4800.]
Response Actions
Percentage of identified substance removed from water surface,
bottom sediments, and shoreline; and
For each medium cleaned (water surface, bottom sediments, or
shoreline), the number of days after the identified substance entered a
Great Lakes environment that removal began and ended.
Closures
Documentation that the closure was ordered by an appropriate agency
as a result of the release; and
For boating areas:
[[Page 281]]
Number of weekend days of closure stated by calendar month;
Number of weekday days of closure stated by calendar month; and
Area closed stated in square kilometers.
For beaches:
Whether the beach was Federal or State (including municipal or
county);
Number of days of closure stated by calendar month; and
Length of shoreline closed stated in meters.
For fisheries:
Whether area closed was an offshore, nearshore, or wetland fishery;
Number of days of closure; and
Area closed stated in square kilometers.
For furbearer hunting or trapping areas and waterfowl hunting areas:
Number of days of closure; and
Area closed stated in square kilometers.
Implicit Price Deflator
Quarterly implicit price deflator for the Gross National Product
(base year 1992) for the quarter in which the identified substance
entered a Great Lakes environment. [See the Survey of Current Business,
published by the U.S. Department of Commerce/Bureau of Economic
Analysis, 1441 L Street, NW, Washington, D.C., 20230, (202) 606-9900.]
Modifications to the NRDAM/GLE Databases (if Any)
Documentation of the source of the modifications; and
For air temperature:
Air temperature, stated in degrees Celsius, assigned by the NRDAM/
GLE at the point that the identified substance entered a Great Lakes
environment (see Table III.6.1, Volume III of the NRDAM/GLE technical
document); and
Substitute air temperature stated in degrees Celsius.
For water temperature at the surface:
Water temperature at the surface, stated in degrees Celsius,
assigned by the NRDAM/GLE at the point that the identified substance
entered a Great Lakes environment (see Table III.6.2.6, Volume III of
the NRDAM/GLE technical document); and
Substitute water temperature stated in degrees Celsius.
For total suspended sediment concentration:
Total suspended sediment concentration, stated in milligrams per
liter, assigned by the NRDAM/GLE at the point that the identified
substance entered a Great Lakes environment (see Section 3, Volume I of
the NRDAM/GLE technical document); and
Substitute suspended sediment concentration stated in milligrams per
liter.
For mean settling velocity of suspended solids:
Mean settling velocity of suspended sediments, stated in meters per
day, assigned by the NRDAM/GLE at the point that the identified
substance entered a Great Lakes environment (see Section 3, Volume I of
the NRDAM/GLE technical document); and
Substitute suspended sediment concentration stated in milligrams per
liter.
For habitat type:
Latitude and longitude bounds of area for which the habitat type is
being modified;
Habitat type assigned by the NRDAM/GLE (see Section 6.2, Volume III
of the NRDAM/GLE technical document); and
Substitute habitat type.
If the authorized official turns off the ice modeling function, then
he or she must provide documentation that ice was absent from the site
of the release.
Definitions
Nearshore fishery--fishery in an open water area that is less than
30 feet in depth or is in a connecting channel.
Offshore fishery--fishery in an open water area that is 30 feet or
more in depth.
Wetland fishery--fishery that is not in an open water area.
[61 FR 20614, May 7, 1996]