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(continued) in the final damage calculation.
(i) Comparison methodology. This methodology may be used for unique or difficult design and estimating conditions. This methodology requires the construction of a simple design for which an estimate can be found and applied to the unique or difficult design.
(ii) Unit methodology. This methodology derives an estimate based on the cost per unit of a particular item. Many other names exist for describing the same basic approach, such as order of magnitude, lump sum, module estimating, flat rates, and involve various refinements. Data used by this methodology may be collected from technical literature or previous cost expenditures.
(iii) Probability methodologies. Under these methodologies, the cost estimate represents an “average” value. These methodologies require information which is called certain, or deterministic, to derive the expected value of the cost estimate. Expected value estimates and range estimates represent two types of probability methodologies that may be used.
(iv) Factor methodology. This methodology derives a cost estimate by summing the product of several items or activities. Other terms such as ratio and percentage methodologies describe the same basic approach.
(v) Standard time data methodology. This methodology provides for a cost estimate for labor. Standard time data are a catalogue of standard tasks typically undertaken in performing a given type of work.
(vi) Cost- and time-estimating relationships (CERs and TERs). CERs and TERs are statistical regression models that mathematically describe the cost of an item or activity as a function of one or more independent variables. The regression models provide statistical relationships between cost or time and physical or performance characteristics of past designs.
(3) Other cost estimating methodologies. Other cost estimating methodologies that are based upon standard and accepted cost estimating practices and are cost-effective are acceptable methodologies to determine the costs of restoration, rehabilitation, replacement, and/or acquisition of equivalent resources under this part.
(c) Compensable value. (1) Compensable value is the amount of money required to compensate the public for the loss in services provided by the injured resources between the time of the discharge or release and the time the resources and the services those resources provided are fully returned to their baseline conditions. The compensable value includes the value of lost public use of the services provided by the injured resources, plus lost nonuse values such as existence and bequest values. Compensable value is measured by changes in consumer surplus, economic rent, and any fees or other payments collectable by a Federal or State agency or an Indian tribe for a private party's use of the natural resources; and any economic rent accruing to a private party because the Federal or State agency or Indian tribe does not charge a fee or price for the use of the resources.
(i) Use value is the value of the resources to the public attributable to the direct use of the services provided by the natural resources.
(ii) Nonuse value is the difference between compensable value and use value, as those terms are used in this section.
(iii) Estimation of option and existence values shall be used only if the authorized official determines that no use values can be determined.
(2) Valuation methodologies. The authorized official may choose among the valuation methodologies listed in this section to estimate willingness to pay (WTP) or may choose other methodologies provided that the methodology can satisfy the acceptance criterion in paragraph (c)(3) of this section. Nothing in this section precludes the use of a combination of valuation methodologies so long as the authorized official does not double count or uses techniques that allow any double counting to be estimated and eliminated in the final damage calculation.
(i) Market price methodology. This methodology may be used if the natural resources are traded in the market. In using this methodology, the authorized official should make a determination as to whether the market for the resources is reasonably competitive. If the authorized official determines that the market for the resources, or the services provided by the resources, is reasonably competitive, the diminution in the market price of the injured resources, or the lost services, may be used to determine the compensable value of the injured resources.
(ii) Appraisal methodology. Where sufficient information exists, the appraisal methodology may be used. In using this methodology, compensable value should be measured, to the extent possible, in accordance with the applicable sections of the “Uniform Appraisal Standards for Federal Land Acquisition” (Uniform Appraisal Standards), Interagency Land Acquisition Conference, Washington, DC, 1973 (incorporated by reference, see §11.18). The measure of compensable value under this appraisal methodology will be the difference between the with- and without-injury appraisal value determined by the comparable sales approach as described in the Uniform Appraisal Standards.
(iii) Factor income methodology. If the injured resources are inputs to a production process, which has as an output a product with a well-defined market price, the factor income methodology may be used. This methodology may be used to determine the economic rent associated with the use of resources in the production process. This methodology is sometimes referred to as the “reverse value added” methodology. The factor income methodology may be used to measure the in-place value of the resources.
(iv) Travel cost methodology. The travel cost methodology may be used to determine a value for the use of a specific area. An individual's incremental travel costs to an area are used as a proxy for the price of the services of that area. Compensable value of the area to the traveler is the difference between the value of the area with and without a discharge or release. When regional travel cost models exist, they may be used if appropriate.
(v) Hedonic pricing methodology. The hedonic pricing methodology may be used to determine the value of nonmarketed resources by an analysis of private market choices. The demand for nonmarketed natural resources is thereby estimated indirectly by an analysis of commodities that are traded in a market.
(vi) Unit value methodology. Unit values are preassigned dollar values for various types of nonmarketed recreational or other experiences by the public. Where feasible, unit values in the region of the affected resources and unit values that closely resemble the recreational or other experience lost with the affected resources may be used.
(vii) Contingent valuation methodology.(A) The contingent valuation methodology includes all techniques that set up hypothetical markets to elicit an individual's economic valuation of a natural resource. This methodology can determine use values and explicitly determine option and existence values. This methodology may be used to determine lost use values of injured natural resources.
(B) The use of the contingent valuation methodology to explicitly estimate option and existence values should be used only if the authorized official determines that no use values can be determined.
(3) Other valuation methodologies. Other valuation methodologies that measure compensable value in accordance with the public's WTP, in a cost-effective manner, are acceptable methodologies to determine compensable value under this part.
[51 FR 27725, Aug. 1, 1986, as amended at 53 FR 5175, Feb. 22, 1988; 59 FR 14285, Mar. 25, 1994]
§ 11.84 Damage determination phase—implementation guidance.
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(a) Requirement. The authorized official should use the cost estimating and valuation methodologies in §11.83 of this part following the appropriate guidance in this section.
(b) Determining uses. (1) Before estimating damages for compensable value under §11.83 of this part, the authorized official should determine the uses made of the resource services identified in the Quantification phase.
(2) Only committed uses, as that phrase is used in this part, of the resource or services over the recovery period will be used to measure the change from the baseline resulting from injury to a resource. The baseline uses must be reasonably probable, not just in the realm of possibility. Purely speculative uses of the injured resource are precluded from consideration in the estimation of damages.
(3)(i) When resources or resource services have mutually exclusive uses, the highest-and-best use of the injured resource or services, as determined by the authorized official, shall be used as the basis of the analyses required in this part. This determination of the highest-and-best use must be consistent with the requirements of paragraph (b)(2) of this section.
(ii) If the uses of the resource or service are not necessarily mutually exclusive, the sum of damages should be determined from individual services. However, the sum of the projected damages from individual services shall consider congestion or crowding out effects, if any, from the resulting projected total use of those services.
(c) Double counting. (1) Double counting of damages should be avoided. Double counting means that a benefit or cost has been counted more than once in the damage assessment.
(2) Natural resource damages are the residual to be determined by incorporating the effects, or anticipated effects, of any response actions. To avoid one aspect of double counting, the effects of response actions shall be factored into the analysis of damages. If response actions will not be completed until after the assessment has been initiated, the anticipated effects of such actions should be included in the assessment.
(d) Uncertainty. (1) When there are significant uncertainties concerning the assumptions made in all phases of the assessment process, reasonable alternative assumptions should be examined. In such cases, uncertainty should be handled explicitly in the analysis and documented. The uncertainty should be incorporated in the estimates of benefits and costs.
(2) To incorporate this uncertainty, the authorized official should derive a range of probability estimates for the important assumptions used to determine damages. In these instances, the damage estimate will be the net expected present value of the costs of restoration, rehabilitation, replacement, and/or acquisition of equivalent resources and, if relevant, compensable value.
(e) Discounting. (1) Where possible, damages should be estimated in the form of an expected present value dollar amount. In order to perform this calculation, a discount rate must be selected.
(2) The discount rate to be used is that specified in “Office of Management and Budget (OMB) Circular A–94 Revised” (dated March 27, 1972, available from the Executive Office of the President, Publications, 726 Jackson Place, NW., Washington, DC 20503; ph: (202) 395–7372).
(f) Substitutability. In calculating compensable value, the authorized official should incorporate estimates of the ability of the public to substitute resource services or uses for those of the injured resources. This substitutability should be estimated only if the potential benefits from an increase in accuracy are greater than the potential costs.
(g) Compensable value during the restoration, rehabilitation, replacement, and/or acquisition of equivalent resources. (1) In determining the amount of damages, the authorized official has the discretion to compute compensable value for the period of time required to achieve the restoration, rehabilitation, replacement, and/or acquisition of equivalent resources.
(2) When calculating compensable value during the period of time required to achieve restoration, rehabilitation, replacement, and/or acquisition of equivalent resources, the authorized official should follow the procedures described below. The procedures need not be followed in sequence.
(i) The ability of the injured resources to recover over the recovery period should be estimated. This estimate includes estimates of natural recovery rates as well as recovery rates that reflect management actions or resource acquisitions to achieve restoration, rehabilitation, replacement, and/or acquisition of equivalent resources.
(ii) A recovery rate should be selected for this analysis that is based upon cost-effective management actions or resource acquisitions, including a “No Action-Natural Recovery” alternative. After the recovery rate is estimated, compensable value should be estimated.
(iii) The rate at which the uses of the injured resources and their services will be restored through the restoration or replacement of the services should be estimated. This rate may be discontinuous, that is, no uses are restored until all, or some threshold level, of the services are restored, or continuous, that is, restoration or replacement of uses will be a function of the level and rate of restoration or replacement of the services. Where practicable, the supply of and demand for the restored services should be analyzed, rather than assuming that the services will be utilized at their full capacity at each period of time in the analysis. Compensable value should be discounted using the rate described in paragraph (e)(2) of this section. This estimate is the expected present value of uses obtained through restoration, rehabilitation, replacement, and/or acquisition of equivalent resources.
(iv) The uses of the resource that would have occurred in the absence of the discharge or release should be estimated. This estimate should be done in accordance with the procedures in §11.72 of this part. These uses should be estimated over the same time period using the same discount rate as that specified in paragraph (e)(2) of this section. This amount is the expected present value of uses forgone.
(v) Subtraction of the present value of uses obtained through restoration or replacement from the expected present value of uses forgone gives the amount of compensation that may be included, if positive, in a measure of damages.
(h) Scope of the analysis. (1) The authorized official must determine the scope of the analysis in order to estimate compensable value.
(2) In assessments where the scope of analysis is Federal, only the compensable value to the Nation as a whole should be counted.
(3) In assessments where the scope of analysis is at the State level, only the compensable value to the State should be counted.
(4) In assessments where the scope of analysis is at the tribal level, only the compensable value to the tribe should be counted.
[51 FR 27725, Aug. 1, 1986, as amended at 53 FR 5176, Feb. 22, 1988; 59 FR 14286, Mar. 25, 1994]
Subpart F—Post-Assessment Phase
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§ 11.90 What documentation must the authorized official prepare after completing the assessment?
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(a) At the conclusion of an assessment, the authorized official must prepare a Report of Assessment that consists of the Preassessment Screen Determination, the Assessment Plan, and the information specified in paragraphs (b) and (c) of this section as applicable.
(b) When the authorized official has used a type A procedure, the Report of Assessment must include the information specified in subpart D.
(c) When the authorized official has used type B procedures, the Report of Assessment must include all documentation supporting the determinations required in the Injury Determination phase, the Quantification phase, and the Damage Determination phase, and specifically including the test results of any and all methodologies performed in these phases. The preliminary estimate of damages shall be included in the Report of Assessment. The Restoration and Compensation Determination Plan, along with comments received during the public review of that Plan and responses to those comments, shall also be included in the Report of Assessment.
[51 FR 27725, Aug. 1, 1986, as amended at 59 FR 14287, Mar. 25, 1994; 61 FR 20612, May 7, 1996]
§ 11.91 How does the authorized official seek recovery of the assessed damages from the potentially responsible party?
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(a) At the conclusion of the assessment, the authorized official must present to the potentially responsible party a demand in writing for the damages determined in accordance with this part and the reasonable cost of the assessment. [See §11.92(b) to determine how the authorized official must adjust damages if he or she plans to place recovered funds in a non-interest-bearing account.] The authorized official must deliver the demand in a manner that establishes the date of receipt. The demand shall adequately identify the Federal or State agency or Indian tribe asserting the claim, the general location and description of the injured resource, the type of discharge or release determined to have resulted in the injuries, and the damages sought from that party.
(b) Report of assessment. The demand letter shall include the Report of Assessment as an attachment.
(c) Rebuttable presumption. When performed by a Federal or State official in accordance with this part, the natural resource damage assessment and the resulting Damage Determination supported by a complete administrative record of the assessment including the Report of Assessment as described in §11.90 of this part shall have the force and effect of a rebuttable presumption on behalf of any Federal or State claimant in any judicial or adjudicatory administrative proceeding under CERCLA, or section 311 of the CWA.
(d) Potentially responsible party response. The authorized official should allow at least 60 days from receipt of the demand by the potentially responsible party, with reasonable extensions granted as appropriate, for the potentially responsible party to acknowledge and respond to the demand, prior to filing suit. In cases governed by section 113(g) of CERCLA, the authorized official may include a notice of intent to file suit and must allow at least 60 days from receipt of the demand by the potentially responsible party, with reasonable extensions granted as appropriate, for the potentially responsible party to acknowledge and respond to the demand, prior to filing suit.
(e) Statute of limitations. For the purposes of section 113(g) of CERCLA, the date on which regulations are promulgated under section 301(c) of CERCLA is the date on which the later of the revisions to the type A rule and the type B rule, pursuant to State of Colorado v. United States Department of the Interior, 880 F.2d 481 (D.C. Cir. 1989), and State of Ohio v. United States Department of the Interior, 880 F.2d 432 (D.C. Cir. 1989), is published as a final rule in the Federal Register.
[53 FR 5176, Feb. 22, 1988, as amended at 59 FR 14287, Mar. 25, 1994; 61 FR 20612, May 7, 1996]
§ 11.92 Post-assessment phase—restoration account.
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(a) Disposition of recoveries. (1) All sums (damage claim and assessment costs) recovered pursuant to section 107(f) of CERCLA or sections 311(f)(4) and (5) of the CWA by the Federal government acting as trustee shall be retained by the trustee, without further appropriation, in a separate account in the U.S. Treasury.
(2) All sums (damage claim and assessment costs) recovered pursuant to section 107(f) of CERCLA, or sections 311(f)(4) and (5) of the CWA by a State government acting as trustee shall either:
(i) Be placed in a separate account in the State treasury; or
(ii) Be placed by the responsible party or parties in an interest bearing account payable in trust to the State agency acting as trustee.
(3) All sums (damage claim and assessment costs) recovered pursuant to section 107(f) of CERCLA or sections 311(f)(4) and (5) of the CWA by an Indian tribe shall either:
(i) Be placed in an account in the tribal treasury; or
(ii) Be placed by the responsible party or parties in an interest bearing account payable in trust to the Indian tribe.
(b) Adjustments. (1) In establishing the account pursuant to paragraph (a) of this section, the calculation of the expected present value of the damage amount should be adjusted, as appropriate, whenever monies are to be placed in a non-interest bearing account. This adjustment should correct for the anticipated effects of inflation over the time estimated to complete expenditures for the restoration, rehabilitation, replacement, and/or acquisition of equivalent resources.
(2) In order to make the adjustment in paragraph (b)(1) of this section, the authorized official should adjust the damage amount by the rate payable on notes or bonds issued by the United States Treasury with a maturity date that approximates the length of time estimated to complete expenditures for the restoration, rehabilitation, replacement, and/or acquisition of equivalent resources.
(c) Payments from the account. Monies that constitute the damage claim amount shall be paid out of the account established pursuant to paragraph (a) of this section only for those actions described in the Restoration Plan required by §11.93 of this part.
[53 FR 5176, Feb. 22, 1988, as amended at 59 FR 14287, Mar. 25, 1994]
§ 11.93 Post-assessment phase—restoration plan.
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(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 §§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 §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 §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]
Appendix I to Part 11—Methods for Estimating the Areas of Ground Water and Surface Water Exposure During the Preassessment Screen
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This appendix provides methods for estimating, as required in §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
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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)
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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
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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:
6000×0.1×1=600 feet (LPL)
and
600×0.2=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×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×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)/(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=9.25×106 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=(1.7×10-5)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
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This appendix specifies the format for data inputs and modifications to the NRDAM/CME under §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 §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]
Appendix III to Part 11—Format for Data Inputs and Modifications to the NRDAM/GLE
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This appendix specifies the format for data inputs and modifications to the NRDAM/GLE under §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 §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]