(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 Sec. Sec. 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, 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]
Sec. 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 = 0.2LPLSand + silt.................. 0.5 x........ x........ = ............ LPW = 0.3LPLGravel....................... 6000 x........ x........ = ............ LPW = 0.2LPLSandstone.................... 0.01 x........ x........ = ............ LPW = 0.4LPLShale........................ 3 x 10-6 x........ x........ = ............ LPW = 0.8LPLKarst Limestone or Dolomite.. 10 x........ x........ = ............ LPW = 0.2LPLLimestone or Dolomite........ 0.01 x........ x........ = ............ LPW = 0.4LPLFractured Crystalline Rocks.. 0.3 x........ x........ = ............ LPW = 0.3LPLDense Crystalline Rocks...... 1 x 10-5 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. Using the gravel factor from table 1, the LPL and LPW are estimated: 6000 x 0.1 x 1 = 600 feet (LPL)
and600 x 0.2 = 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 feet x 500 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 feet x 500 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)/(T\0.7\ 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,
andT 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(Q\0.40\)(S\0.20\), orfor channel-controlled reaches Vs = 2.69(Q\0.26\)(S\0.28\). 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 = 9.25 x 10\6\ 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, andq 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 = (1.7 x 10-5)Vs B\2\/(D\1.5\
S\0.5\) 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, andS 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, andVw 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] Sec. 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.
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);
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 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]
Sec. 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:
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]